{"id":"wa-local:karratha-city-of-repeal-local-law","name":"Repeal Local Law","slug":"karratha-city-of-repeal-local-law","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441760,"registerId":"wa-local:karratha-city-of-repeal-local-law-1775956981251","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Repeal Local Law","content":"!2017187GG!\n4957\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, WEDNESDAY, 27 SEPTEMBER 2017 No. 187 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nLOCAL GOVERNMENT ACT 1995\n_________\nCITY OF KARRATHA\n———————————\nACTIVITIES IN\nTHOROUGHFARES AND\nPUBLIC PLACES AND\nTRADING LOCAL LAW 2017\nREPEAL LOCAL LAW 2017\n\n\n\n27 September 2017 GOVERNMENT GAZETTE, WA 4959\nLOCAL GOVERNMENT ACT 1995\nCITY OF KARRATHA\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND\nTRADING LOCAL LAW 2017\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Interpretation\n1.6 Assistance animals\nPART 2—ACTIVITIES ON THOROUGHFARES AND PUBLIC PLACES\nDivision 1—General\n2.1 General prohibitions\n2.2 Activities allowed with a permit—general\n2.3 No possession and consumption of liquor on thoroughfare\nDivision 2—Vehicle crossing\nSubdivision 1—Temporary crossings\n2.4 Permit required\nSubdivision 2—Temporary crossings\n2.5 Removal of redundant crossing\nDivision 3—Verge treatments\nSubdivision 1—Preliminary\n2.6 Interpretation\n2.7 Application\nSubdivision 2—Permissible verge treatments\n2.8 Permissible verge treatments\n2.9 Only permissible verge treatments to be installed\n2.10 Obligations of owner or occupier\n2.11 Notice to owner or occupier\nSubdivision 3—Existing verge treatments\n2.12 Transitional provision\nSubdivision 4—Public works\n2.13 Power to carry out public works on a verge\nDivision 4—Property numbers\nSubdivision 1—Preliminary\n2.14 Interpretation\nSubdivision 2—Assignment and marking of numbers\n2.15 Assignment of numbers\nDivision 5—Fencing\n2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of the Act\n\n4960 GOVERNMENT GAZETTE, WA 27 September 2017\nDivision 6—Signs to be erected by the local government\n2.17 Signs\n2.18 Transitional\nDivision 7—Driving on a closed thoroughfare\n2.19 No driving on a closed thoroughfare\nPART 3—ADVERTISING SIGNS ON THOROUGHFARES\nDivision 1—Preliminary\n3.1 Interpretation\nDivision 2—Permit\n3.2 General prohibitions\n3.3 Impounding of advertising sign\nPART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\nDivision 1—Animals and vehicles\n4.1 Leaving animal or vehicle in public place or on local government property\n4.2 Prohibitions relating to animals\nDivision 2—Shopping trolleys\n4.3 Interpretation\n4.4 Shopping trolley to be marked\n4.5 Person not to have possession of or leave trolley in public place\n4.6 Abandoned trolley\n4.7 Retailer to remove abandoned trolley\n4.8 Impounding of abandoned trolley\n4.9 Retailer to be notified\nPART 5—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\nSubdivision 1—Preliminary\n5.1 Interpretation\nSubdivision 2—Permits\n5.2 Stallholder’s permit\n5.3 Trader’s permit\n5.4 No permit required to sell newspaper\n5.5 Relevant conditions in determining application for permit\n5.6 Conditions of permit\n5.7 Exemptions from requirement to pay fee or to obtain a permit\nSubdivision 3—Conduct of stallholders and traders\n5.8 Conduct of stallholders and traders\nDivision 2—Outdoor eating facilities on public places\n5.9 Interpretation\n5.10 Permit required to conduct facility\n5.11 Matters to be considered in determining application\n5.12 Obligations of permit holder\n5.13 Removal of facility unlawfully conducted\n5.14 Use of facility by public\n5.15 Temporary removal of facility may be requested\nPART 6—PERMITS\nDivision 1—Applying for a permit\n6.1 Application for permit\n6.2 Decision on application for permit\nDivision 2—Conditions\n6.3 Conditions which may be imposed on a permit\n6.4 Imposing conditions under a policy\n6.5 Compliance with and variation of conditions\nDivision 3—General\n6.6 Duration of permit\n6.7 Permits for outdoor facilities\n6.8 Renewal of permit\n\n27 September 2017 GOVERNMENT GAZETTE, WA 4961\n6.9 Transfer of permit\n6.10 Production of permit\n6.11 Cancellation of permit\nPART 7—OBJECTIONS AND APPEALS\n7.1 Application of Part 9 Division 1 of Act\nPART 8—MISCELLANEOUS NOTICES\n8.1 Notice to redirect or repair sprinkler\n8.2 Hazardous plants\n8.3 Notice to repair damage to thoroughfare\n8.4 Notice to remove thing unlawfully placed on thoroughfare\nPART 9—ENFORCEMENT\nDivision 1—Notices given under this local law\n9.1 Offence to fail to comply with notice\n9.2 Local government may undertake requirements of notice\nDivision 2—Offences and penalties\nSubdivision 1—General\n9.3 Offences\nSubdivision 2—Infringement notices and modified penalties\n9.4 Prescribed offences\n9.5 Forms\nSCHEDULE 1—PRESCRIBED OFFENCES\nSCHEDULE 2—ACCEPTABLE MATERIAL\n\n\n\n27 September 2017 GOVERNMENT GAZETTE, WA 4963\nLOCAL GOVERNMENT ACT 1995\nCITY OF KARRATHA\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND\nTRADING LOCAL LAW 2017\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the City of Karratha resolved on 17 July 2017 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the City of Karratha Activities in Thoroughfares and Public Places and\nTrading Local Law 2017.\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\nThe Shire of Roebourne Activities In Thoroughfares and Public Places And Trading Local Law as\npublished in the Government Gazette on 16 June 2003 is repealed.\n1.5 Interpretation\nIn this local law unless the context otherwise requires—\nAct means the Local Government Act 1995;\napplicant means a person who applies for a permit;\nauthorised person means a person authorised 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;\nbuilt-up area has the meaning given to it in the Road Traffic Code 2000;\nbuilding permit means a permit granted under section 20 of the Building Act 2011;\nbulk rubbish container means a bin or container designed or used for holding a substantial\nquantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does\nnot include a bin or container used in connection with the local government’s regular\ndomestic rubbish collection service;\ncarriageway means the paved or made portion of a thoroughfare used or intended for use by\nvehicles;\nCEO means the chief executive officer of the local government;\ncharitable organisation means a charitable institution or public benevolent institution\nendorsed by the Commonwealth Commissioner of taxation under the Commonwealth Income\nTax Assessment Act 1997 as a deductible gift recipient or as exempt from income tax;\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;\ndistrict means the district of the local government;\nfootpath has the meaning given to it in the Road Traffic Code 2000;\ngarden means any part of a thoroughfare planted, developed or treated, otherwise than as a\nlawn, with one or more plants;\n\n4964 GOVERNMENT GAZETTE, WA 27 September 2017\nintersection has the meaning given to it in the Road Traffic Code 2000;\nkerb includes the edge of a carriageway;\nlawn means any part of a thoroughfare which is planted only with grass, or with a similar plant,\nbut will include any other plant provided that it has been planted by the local government;\nliquor has the meaning given to it in section 3 of the Liquor Licensing Act 1988;\nlocal government means the City of Karratha;\nlocal government property means anything except a thoroughfare—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997; or\n(c) which is an “otherwise unvested facility” within section 3.53 of the Act;\nlocal public notice has the meaning given to it by section 1.7 of the Local Government Act 1995;\nlot has the meaning given to it in the Planning and Development Act 2005;\nnature strip has the meaning given to it in the Road Traffic Code 2000;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\nowner or occupier in relation to land does not include the local government;\npermissible verge treatment means any one of the 4 treatments described in clause 2.8(3), and\nincludes any reticulation pipes and sprinklers;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\nperson does not include the local government;\npremises for the purpose of the definition of “public place” in both this clause and clause 5.1,\nmeans a building or similar structure, but does not include a carpark or a similar place;\nproperty line means the lateral boundary of a thoroughfare;\npublic place includes any thoroughfare or place, which the public are allowed to use, whether or\nnot the thoroughfare or place is on private property, but does not include—\n(a) premises on private property from which trading is lawfully conducted under a written\nlaw; and\n(b) local government property;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nSchedule means a Schedule to this local law;\nsign includes a notice, flag, mark, structure or device on which may be shown words, numbers,\nexpressions or symbols;\nthoroughfare has the meaning given to in in the Act, but does not include a private\nthoroughfare which is not under the management control of the local government;\ntown planning scheme means a town-planning scheme of the local government made under the\nPlanning and Development Act 2005;\ntownsite means the townsite of Cossack, Dampier, Karratha, Point Samson, Roebourne and\nWickham, which is—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Act;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise; and\n(b) an animal being ridden or driven,\nbut excludes—\n(c) a wheel-chair or any device designed for use by a physically impaired person on a\nfootpath; and\n(d) a pram, a stroller, a shopping trolley or a similar device; and\nverge means that part of a thoroughfare between the carriageway and the property line of land\nwhich abuts the thoroughfare, but does not include any footpath.\n1.6 Assistance animals\nThis local law is subject to any written law and any law of the Commonwealth about assistance\nanimals as defined in the Disability Discrimination Act 1992 (Cth) section 9(2).\n\n27 September 2017 GOVERNMENT GAZETTE, WA 4965\nPART 2—ACTIVITIES ON THOROUGHFARES AND PUBLIC PLACES\nDivision 1—General\n2.1 General prohibitions\nA person shall not—\n(a) plant any plant (except grasses or a similar plant) within 10 metres of an intersection;\n(b) damage a lawn or a garden or remove any plant or part of a plant from a lawn or a garden\nunless—\ni. the person is the owner or the occupier of the lot abutting that portion of the\nthoroughfare and the lawn or the garden or the particular plant has not been installed\nor planted by the local government; or\nii. the person is acting under the authority of a written law;\n(c) plant any plant (except grass or a similar plant) on a thoroughfare so that it is within 2 metre\nof a carriageway;\n(d) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or\notherwise, but not water) which may create a hazard for any person using the footpath;\n(e) unless at the direction of the local government, damage, remove or interfere with any\nsignpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a\nthoroughfare by the local government or a person acting 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 thoroughfare; or\n(g) within a mall, arcade or verandah of a shopping centre, ride any skateboard, rollerblades or\nsimilar device;\n(h) drive or park a vehicle on a verge unless—\ni. the person is the owner or the occupier of the lot abutting that portion of the\nthoroughfare; or\nii. the person is acting under the authority of a written law or has the permission of the\nowner or occupier of the property abutting the verge; or\n(i) place, or allow to be placed or remain, on a thoroughfare or verge anything that results in a\nhazard for any person using the thoroughfare or verge including the obstruction of visibility\nat intersections.\n2.2 Activities allowed with a permit—general\n(1) A person shall not, without a permit—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) subject to Division 3 of this Part, throw, place or deposit anything on a verge except—\ni. for removal by the local government under a bulk rubbish collection, and then only\nduring the period of time advertised in connection with that collection by the local\ngovernment;\nii. a bulk rubbish container, and then only for the period of time required to fill the\ncontainer, but in any event, for a period not exceeding 1 week;\niii. a bulk container for household and personal effects, and then only for the period of time\nrequired to load or unload the container, but in any event, for a period not exceeding\n1 week; and\niv. when permitted to do so under a current building permit issue under the Building\nAct 2011;\n(c) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare;\n(d) cause any obstruction to a water channel or a water course in a thoroughfare;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare;\n(f) damage a thoroughfare;\n(g) light any fire or burn anything on a thoroughfare other than in a stove or fireplace provided\nfor that purpose;\n(h) fell any tree onto a thoroughfare;\n(i) unless installing a permissible verge treatment—\ni. lay pipes under or provide taps on any verge; or\nii. place or install anything on any part of a thoroughfare, and without limiting the\ngenerality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks,\nbricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust;\n(j) provide, erect, install or use in or on any building, structure or land abutting on a\nthoroughfare any hoist or other thing for use over the thoroughfare;\n(k) on a public place use anything or do anything so as to create a nuisance;\n(l) place or cause to be placed on a thoroughfare a charity bin or similar receptacle; or\n(m) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n\n4966 GOVERNMENT GAZETTE, WA 27 September 2017\n2.3 No possession and consumption of liquor on thoroughfare\n(1) A person shall not consume any liquor or have in her or his possession or under her or his control\nany liquor on a thoroughfare unless—\n(a) that is permitted under the Liquor Licensing Act 1988 or under another written law; or\n(b) the person is doing so in accordance with a permit.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nDivision 2—Vehicle crossing\nSubdivision 1—Temporary crossings\n2.4 Permit required\n(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the\nlot, the person responsible for the works shall obtain a permit for the construction of a temporary\ncrossing to protect the existing carriageway, kerb, drains and footpath, 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 registered proprietor of the lot, if no building permit has been issued under the Building\nAct 2011 in relation to the works.\n(3) If the local government approves an application for a permit for the purpose of subclause (1), the\npermit is taken to be issued on the condition that until such time as the temporary crossing is\nremoved, the permit holder shall keep the temporary crossing in good repair and in such a condition\nso as not to create any danger or obstruction to persons using the thoroughfare.\nSubdivision 2—Redundant vehicle crossings\n2.5 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 thoroughfare affected by the\nremoval are to be reinstated to the satisfaction of the local government.\n(2) The local government may give written notice to the owner or occupier of a lot requiring her or him\nto—\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 thoroughfare, which may\nbe affected by the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot shall comply with\nthat notice.\nDivision 3—Verge treatments\nSubdivision 1—Preliminary\n2.6 Interpretation\nIn this Division, unless the context otherwise requires—\nacceptable material means any material which will create a hard surface, and which appears\nin a Schedule 2.\n2.7 Application\nThis Division only applies to a townsite.\nSubdivision 2—Permissible verge treatments\n2.8 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 person shall not install a permissible verge treatment so that it extends beyond the prolongation\nof the side boundaries between the subject lot and the abutting lots.\n(3) The permissible verge treatments are—\n(a) the planting and maintenance of a lawn or synthetic turf;\n(b) the planting and maintenance of a garden provided that—\ni. clear sight visibility is maintained at all times for a person using the abutting\nthoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a\ndriveway on land adjacent to the thoroughfare for access to or from the thoroughfare;\nand\n\n27 September 2017 GOVERNMENT GAZETTE, WA 4967\nii. where there is no footpath, a pedestrian has safe and clear access of a minimum width\nof 2 metres along that part of the verge immediately adjacent to the kerb;\niii. it does not include a wall or built structure; and\niv. it is not of a thorny, poisonous or hazardous nature;\n(c) the installation of an acceptable material; or\n(d) a combination of any of the above.\n2.9 Only permissible verge treatments to be installed\n(1) A person shall not install or maintain a verge treatment, which is not a permissible verge\ntreatment.\n(2) 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 2.10.\n2.10 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permissible verge treatment shall—\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 is not obstructed by the verge treatment;\n(b) not place any sightline obstruction on or around the verge treatment;\n(c) ensure that the verge treatment does not damage or obstruct a drain, manhole, gully,\ninspection pit, channel, kerb, or tree planted by the local government;\n(d) ensure that any sprinklers or pipes installed to irrigate a verge treatment—\ni. are not used at such times so as to cause unreasonable inconvenience to pedestrians or\nother persons; and\nii. do not otherwise present a hazard to pedestrians or other persons;\n(e) not place any obstruction on or around the verge treatment; and\n(f) not disturb a footpath on the verge.\n2.11 Notice to owner or occupier\nThe local government may give a notice in writing to the owner or the occupier of a lot abutting on a\nverge to make good, within the time specified in the notice, any breach of a provision of this Division.\nSubdivision 3—Existing verge treatments\n2.12 Transitional provision\n(1) In this clause—\nformer provisions means the local law of the local government which permitted certain types of\nverge treatments, whether with or without the consent of the local government, and which\nwas repealed by this local law.\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.\nSubdivision 4—Public works\n2.13 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—\ni. verge treatment and, in particular, any plant or acceptable material or other hard\nsurface; or\nii. sprinklers, pipes or other reticulation equipment.\nDivision 4—Property numbers\nSubdivision 1—Preliminary\n2.14 Interpretation\nIn this Division, unless the context requires otherwise—\nNumber means a number of a lot with or without an alphabetical suffix indicating the address of\nthe lot by reference to a thoroughfare.\n\n4968 GOVERNMENT GAZETTE, WA 27 September 2017\nSubdivision 2—Assignment and marking of numbers\n2.15 Assignment of numbers\nThe local government may assign a Number to a lot in the district and may assign another Number to\nthe lot instead of that previously assigned.\nDivision 5—Fencing\n2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nThe following places are specified as a public place for the purpose of item 4(1) of Division 1 of\nSchedule 3.1 of the Act—\n(a) a public place, as that term is defined in clause 1.5; and\n(b) local government property.\nDivision 6—Signs erected by the local government\n2.17 Signs\n(1) A local government may erect a sign on a public place specifying any conditions of use which apply\nto that place.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving\nnotice of the effect of a provision of this local law.\n2.18 Transitional\nWhere a sign erected on a public place has been erected under a local law of the local government\nrepealed by this local law, then on and from the commencement day, it is to be taken to be a sign\nerected under clause 2.17 if—\n(a) the sign specifies a condition of use relating to the public place which gives notice of the effect\nof a provision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\nDivision 7—Driving on a closed thoroughfare\n2.19 No driving on closed thoroughfare\n(1) A person shall not drive or take a vehicle on a closed thoroughfare unless—\n(a) that is in accordance with any limits or exceptions specified in the order made under section\n3.50 of the Act; or\n(b) the person has first obtained a permit.\n(2) In this clause—\nclosed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or\n3.50A of the Act.\nPART 3—ADVERTISING SIGNS ON THOROUGHFARES\nDivision 1—Preliminary\n3.1 Interpretation\nIn this Part, unless the context otherwise requires—\nadvertising sign means a sign used for the purpose of advertisement and includes an “election\nsign”;\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;\nelection sign means a sign or poster which advertises any aspect of a forthcoming Federal, State\nor Local Government election;\nportable direction sign means a portable free standing direction sign; and\nportable sign means a portable free standing advertising sign.\nDivision 2—Permit\n3.2 General prohibitions\nA person shall not, without a permit——\n(a) erect or place an advertising sign on a thoroughfare or verge; or\n(b) post any bill or paint, place or affix any advertisement on a thoroughfare or verge, or local\ngovernment property on the thoroughfare or verge.\n3.3 Impounding of advertising signs\nAn authorised person may remove or impound an advertising sign or portable direction sign that is in\na thoroughfare or verge in contravention of this local law.\n\n27 September 2017 GOVERNMENT GAZETTE, WA 4969\nPART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\nDivision 1—Animals and vehicles\n4.1 Leaving animal or vehicle in public place or on local government property\n(1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on\nlocal government property so that it obstructs the use of any part of that public place or local\ngovernment property, unless that person has first obtained a permit or is authorised to do so under a\nwritten law.\n(2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not\nexceeding 1 hour and is provided access to water at all times it is tethered.\n(3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding\n24 hours.\n4.2 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 shall not—\n(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the\nthoroughfare as a thoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a\npublic place; or\n(c) train or race the animal on a thoroughfare.\n(3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare in a built-up area,\nunless that person does so under a permit or under the authority of a written law.\nDivision 2—Shopping trolleys\n4.3 Interpretation\nIn this Division—\nretailer means a proprietor of a shop in respect of which shopping trolleys are provided for the\nuse of customers of the shop; and\nshopping trolley means a wheeled container or receptacle supplied by a retailer to enable a\nperson to transport goods.\n4.4 Shopping trolley to be marked\nA retailer shall clearly mark its name or its trading name on any shopping trolley made available for\nthe use of customers.\n4.5 Person not to have possession of or leave trolley in public place\n(1) A person shall not, in a public place other than the retail premises car park, have in their\npossession a trolley unless they have been authorised to do so by the retailer.\n(2) A person shall not leave a shopping trolley in a public place other than in an area set aside for the\nstorage of shopping trolleys.\n4.6 Abandoned trolley\nIf a shopping trolley is found discarded in a public place, other than in an area set aside for the\nstorage of shopping trolley, the local government may assume that the trolley has been abandoned.\n4.7 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 local government may advise (verbally or in writing) a retailer whose name is\nmarked on the trolley of the location of the shopping trolley.\n(2) A retailer shall remove a shopping trolley within 24 hours of being so advised under subclause (1),\nunless the retailer—\n(a) requests the local government to collect and deliver the shopping trolley to the retailer; and\n(b) pays any fee for that collection and delivery (imposed and determined under and in\naccordance with sections 6.16 to 6.19 of the Act) within the period specified by the local\ngovernment.\n4.8 Impounding of abandoned trolley\nAn authorised person may impound a shopping trolley where the retailer has failed to remove the\nabandoned trolley as directed by the local government.\n4.9 Retailer to be notified\nThe retailer shall be notified in writing prior to the disposal of the trolley.\n\n4970 GOVERNMENT GAZETTE, WA 27 September 2017\nPART 5—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\nSubdivision 1—Preliminary\n5.1 Interpretation\nIn this Division, unless the context otherwise requires—\nassistant means a person who carried out trading on behalf of the permit holder in accordance\nwith the permit issued to the permit holder;\nCompetition Principles Agreement means the Competition Principles Agreement executed by\neach State and Territory of the Commonwealth and the Commonwealth of Australia on\n11 April 1995;\npublic place includes—\n(a) any thoroughfare or place which the public are allowed to use whether or not the\nthoroughfare or place is on private property; and\n(b) local government property,\nbut does not include premises on private property from which trading is lawfully conducted\nunder a written law;\nstall means a movable or temporarily fixed structure, stand or table in, on or from which goods or\nservices are sold, hired or offered for sale or hire;\nstallholder means a person in charge of a stall;\nstallholder’s permit means a permit issued to a stallholder;\ntrader means a person who carries on trading;\ntrader’s permit means a permit issued to a trader; and\ntrading includes—\n(a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods\nor services in a public place;\n(b) displaying goods in any public place for the purpose of—\ni. offering them for sale or hire;\nii. inviting offers for their sale or hire;\niii. soliciting orders for them; or\niv. carrying out any other transaction in relation to them; and\n(c) the going from place to place, whether or not public places, and—\ni. offering goods or services for sale or hire;\nii. inviting offers or soliciting orders for the sale or the hire of goods or services,\niii. carrying out other transactions in relation to goods or services\nbut does not include—\n(d) the delivery of pre-ordered goods or services to the purchaser of those goods or services or\nto the person nominated by the purchaser of those goods or services whether or not\npayment for those goods or services is accepted on delivery;\n(e) the taking of further orders for goods or services from the purchaser of those pre-ordered\ngoods or services or from the person nominated by the purchaser of those pre-ordered\ngoods or services when those orders are taken at the same time as a previous order is\nbeing delivered, whether or not payment is made for those goods or services at the time of\ntaking the order;\n(f) the setting up of a stall or the conducting of a business at a stall under the authority of a\nstallholder’s permit;\n(g) the selling or the offering for sale of goods and services to, or the soliciting of orders for\ngoods and services from a person who sells those goods or services;\n(h) the selling or the offering for sale or hire by a person of goods of her or his own\nmanufacture or services which he or she provides; and\n(i) the selling or hiring or the offering for sale or hire of—\ni. goods by a person who represents a manufacturer of the goods; or\nii. services by a person who represents a provider of the services,\nwhich are only sold directly to consumers and not through a shop.\nSubdivision 2—Permits\n5.2 Stallholder’s permit\n(1) A person shall not conduct a stall on a public place unless that person is—\n(a) the holder of a valid stallholder’s permit; or\n(b) an assistant specified in a valid stallholder’s permit.\n(2) Every application for a stallholder’s permit shall—\n(a) state the full name and address of the applicant;\n\n27 September 2017 GOVERNMENT GAZETTE, WA 4971\n(b) specify the proposed number of assistants to be engaged by the applicant in conducting the\nstall, as well as their names and addresses if already engaged;\n(c) specify the proposed location of the stall;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of operation;\n(e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the\nstall; and\n(f) be accompanied by an accurate plan and description of the proposed stall.\n5.3 Trader’s permit\n(1) A person shall not carry on trading unless that person is—\n(a) the holder of a valid trader’s permit; or\n(b) an assistant specified in a valid trader’s permit.\n(2) Every application for a trader’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading,\nas well as their names and addresses if already engaged;\n(c) specify the location or locations in which the applicant proposes to trade;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of trading;\n(e) specify the proposed goods or services which will be traded; and\n(f) be accompanied by an accurate plan and description of any proposed structure or vehicle\nwhich may be used by the applicant in trading.\n5.4 No permit required to sell newspaper\nNotwithstanding any other provision of this local law, a person who sells, or offers for sale, a\nnewspaper is not required to obtain a permit.\n5.5 Relevant considerations in determining application for permit\n(1) In determining an application for a permit for the purposes of this Division, the local government\nis to have regard to—\n(a) any relevant policies of the local government;\n(b) the desirability of the proposed activity;\n(c) the location of the proposed activity;\n(d) the principles set out in the Competition Principles Agreement; and\n(e) such other matters as the local government may consider to be relevant in the circumstances\nof the case.\n(2) The local government may refuse to approve an application for a permit under this Division on any\none or more of the following grounds—\n(a) that the applicant has committed a breach of any provision of this local law or of any written\nlaw relevant to the activity in respect of which the permit is sought;\n(b) that the applicant is not a desirable or suitable person to hold a permit;\n(c) that—\ni. the applicant is an undischarged bankrupt or is in liquidation;\nii. the applicant has entered into any composition or arrangement with creditors; or\niii. a manager, an administrator, a trustee, a receiver, or a receiver and manager has been\nappointed in relation to any part of the applicant’s undertakings or property;\n(d) such other grounds as the local government may consider to be relevant in the circumstances\nof the case.\n5.6 Conditions of permit\n(1) If the local government approves an application for a permit under this Division subject to\nconditions, those conditions may include—\n(a) the place, the part of the district, or the thoroughfare to which the permit applies;\n(b) the days and hours during which a permit holder may conduct a stall or trade;\n(c) the number, type, form and construction, as the case may be, of any stand, table, structure or\nvehicle which may be used in conducting a stall or in trading;\n(d) the goods or services in respect of which a permit holder may conduct a stall or trade;\n(e) the number of persons and the names of persons permitted to conduct a stall or trade;\n(f) the requirement for personal attendance at the stall or the place of trading by the permit\nholder and the nomination of assistants, nominees or substitutes for the permit holder;\n(g) whether and under what terms the permit is transferable;\n(h) any prohibitions or restrictions concerning the—\ni. causing or making of any noise or disturbance which is likely to be a nuisance to\npersons in the vicinity of the permit holder;\n\n4972 GOVERNMENT GAZETTE, WA 27 September 2017\nii. the use of amplifiers, sound equipment and sound instruments;\niii. the use of signs; and\niv. the use of any lighting apparatus or device;\n(i) the manner in which the permit holder’s name and other details of a valid permit are to be\ndisplayed;\n(j) the care, maintenance and cleansing of the stall or any structure used for trading and the\nplace of the stall or any structure;\n(k) the vacating of the place of a stall or trading when the stall is not being conducted or trading\nis not being carried on;\n(l) the acquisition by the stallholder or trader of public risk insurance;\n(m) the period for which the permit is valid; and\n(n) the designation of any place or places where trading is wholly or from time to time prohibited\nby the local government.\n(2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply\nwith this local law, the local government may at the request of that permit holder authorise another\nperson to be a nominee of the permit holder for a specified period, and this local law and the\nconditions of the permit shall apply to the nominee as if he or she was the permit holder.\n5.7 Exemptions from requirement to pay fee or to obtain a permit\n(1) In this clause—\ncharitable organisation means an institution, association, club, society or body whether\nincorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,\neducational, recreational, sporting or other like nature and from which any member does not\nreceive any pecuniary profit except where the member is an employee or the profit is an\nhonorarium; and\ncommercial participant means any person who is involved in operating a stall or in conducting\nany trading activity for personal gain or profit.\n(2) The local government may waive any fee required to be paid by an applicant for a stallholder’s\npermit or a trader’s permit on making an application for or on the issue of a permit, or may return\nany such fee which has been paid, if the stall is conducted or the trading is carried on—\n(a) on a portion of a public place adjoining the normal place of business of the applicant; or\n(b) by a charitable organisation that does not sublet space to, or involve commercial participants\nin the conduct of a stall or trading, and any assistants that may be specified in the permit are\nmembers of that charitable organisation.\n(3) The local government may exempt a person or a class of persons, whether or not in relation to a\nspecified public place, from the requirements of this Division.\nSubdivision 3—Conduct of stallholders and traders\n5.8 Conduct of stallholders and traders\n(1) A stallholder while conducting a stall or a trader while trading shall—\n(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary\nstructure or if there is no stall, vehicle or temporary structure, carry the permit with her or\nhim while conducting a stall or trading;\n(b) not display a permit unless it is a valid permit; and\n(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in\naccordance with the provisions of the National Measurement Act 1960 (Cth).\n(2) A stallholder or trader shall not—\n(a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to\nobstruct the movement of pedestrians or vehicles;\n(b) act in an offensive manner;\n(c) use or cause to be used any apparatus or device including any flap or shelf, whereby the\ndimensions of a stall, vehicle or structure are increased beyond those specified in the permit;\nor\n(d) in the case of a trader, carry on trading from a public place, unless there is adequate parking\nfor customers’ vehicles within 100 metres of the place of trading.\nDivision 2—Outdoor eating facilities on public places\n5.9 Interpretation\nIn this Division—\nfacility means an outdoor eating facility or establishment on any part of a public place, but does\nnot include such a facility or establishment on private land;\nfood business has the meaning given to it in section 10 of the Food Act 2008;\npermit holder means the person to whom a permit has been issued for the purpose of clause\n5.10; and\npublic place has the meaning given to it in clause 5.1.\n\n27 September 2017 GOVERNMENT GAZETTE, WA 4973\n5.10 Permit required to conduct facility\nA Person shall not establish or conduct a facility without a permit.\n5.11 Matters to be considered in determining application\nIn determining an application for a permit for the purpose of clause 5.10, the local government may\nconsider in addition to any other matter it considers relevant, whether or not—\n(a) the facility is conducted in conjunction with and as an extension of food business which abut\non the facility, and whether the applicant is the person conducting such food business;\n(b) any abutting food business are registered in accordance with the Food Act 2008 and whether\nthe use of the premises is permitted under the town planning scheme;\n(c) the facility will comply with any local law made under the Act;\n(d) users of the facility will have access to proper and sufficient sanitary and ablutionary\nconveniences;\n(e) the facility would—\ni. obstruct the visibility or clear sight lines at an intersection of thoroughfares of any\nperson; or\nii. impede pedestrian access; and\n(f) the tables, chairs and other equipment to be used may obstruct or impede the use of the\npublic place for the purpose for which it was designed.\n5.12 Obligations of permit holder\n(1) The permit holder for a facility shall—\n(a) comply with the terms and conditions of the permit to establish and conduct the facility;\n(b) ensure that the facility is conducted at all times in accordance with the provisions of this local\nlaw and any local law made under the Act and the provisions of the Food Act 2008 and the\nFood Regulations 2009;\n(c) ensure that the eating area is kept in a clean and tidy condition at all times;\n(d) maintain the chairs, tables and other structures in the eating area in a good, clean and\nserviceable condition at all times; and\n(e) on the expiration or cancellation of a permit to establish or conduct a facility, the permit\nholder shall at her or his cost, reinstate or restore the public place on which the facility is\nestablished or conducted, to a condition consistent with the condition prior to the\ncommencement or the facility and which is to the reasonable satisfaction of the local\ngovernment.\n(2) Whenever, in the opinion of the local government, any work is required to be carried out to a\nfacility, the local government may give a notice to the permit holder for the facility to carry out that\nwork within the time limited by the notice.\n(3) In subclause (2), “work” includes the removal, alteration, repair, reinstatement or reconstruction\nof any part of a public place arising from or in connection with the setting up or conduct of a facility.\n5.13 Removal of facility unlawfully conducted\nWhere a facility is conducted without a permit, or in contravention of a condition of a permit, any\ntables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded\nin accordance with the Act.\n5.14 Use of facility by public\n(1) A person shall not occupy a chair or otherwise use the equipment in a facility the subject of a\npermit unless the person uses them for the purpose of consuming food or drinks provided by the\nfacility.\n(2) A person shall leave a facility when requested to do so by the permit holder.\n5.15 Temporary removal of facility may be requested\n(1) The permit holder for a facility is to temporarily remove the facility when requested to do so on\nreasonable grounds by an authorised person or a member of the Police Service or an emergency\nservice in the event of an emergency.\n(2) The permit holder may replace the facility removed under subclause (1) as soon as the person who\ndirected her or him to remove it allows it to be replaced.\nPART 6—PERMITS\nDivision 1—Applying for a permit\n6.1 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(a) be in the form determined by the local government;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\n(d) be forwarded to the CEO together with any fee imposed and detained by the local government\nunder and in accordance with sections 6.16 to 6.19 of the Act.\n\n4974 GOVERNMENT GAZETTE, WA 27 September 2017\n(3) The local government may require an applicant to provide additional information reasonably\nrelated to an application before determining an application for a permit.\n(4) The local government may require an applicant to give local public notice of the application for a\npermit.\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n6.2 Decision on application for permit\n(1) The local government may—\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant a permit\nin the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\nthat refusal to the applicant.\n(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which\nare to be taken to be imposed on a permit, the clause does not limit the power of the local government\nto impose other conditions on the permit under subclause (1)(a).\n(5) Where a clause of this local law refers to the grounds on which an application for a permit may be\nor is to be refused, the clause does not limit the power of the local government to refuse the\napplication for a permit on other grounds under subclause (1)(b).\nDivision 2—Conditions\n6.3 Conditions which may be imposed on a permit\nThe local government may approve an application for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit;\n(c) the commencement of the permit being contingent on the happening of an event;\n(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(e) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(f) the area of the district to which the permit applies;\n(g) where a permit is issued for an activity which will or may cause damage to a public place, the\npayment of a deposit or bond against such damage;\n(h) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government; and\n(i) the provision of an indemnity from the permit holder indemnifying the local government in\nrespect of any injury to any person or any damage to any property which may occur in\nconnection with the use of the public place by the permit holder.\n6.4 Imposing conditions under a policy\n(1) In this clause—\npolicy means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 6.2(1)(a).\n(2) Under clause 6.2(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government is to give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 6.2(2).\n(4) An application for a permit is to be taken not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken\nto be information within section 5.94(u)(i) of the Act.\n6.5 Compliance with and variation of conditions\n(1) Where an application for a permit has been approved subject to conditions, or where a permit is to\nbe taken to be subject to conditions under this local law, the permit holder shall comply with each of\nthose conditions.\n(2) The local government may vary the conditions of a permit, and variation will be effective from the\npoint the written notice is issued to the permit holder.\nDivision 3—General\n6.6 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) cancelled under clause 6.11.\n\n27 September 2017 GOVERNMENT GAZETTE, WA 4975\n6.7 Permits for outdoor facilities\nNotwithstanding clause 6.6, a facility permit issued for the purposes of clause 5.10 will be valid from\nthe date of issue until 30 June.\n6.8 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of—\n(a) this Part; and\n(b) any other provision of this local law relevant to the permit which is to be renewed,\nshall apply to an application for the renewal of a permit with all necessary changes as the context\nrequires.\n6.9 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(d) be forwarded to the CEO together with any fee imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\n(2) The local government may approve an application for the transfer of a permit, refuse to approve it\nor approve it subject to any conditions.\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by—\n(a) an endorsement on the permit signed by an authorised person; or\n(b) issuing to the transferee a permit in the form determined by the local government.\n(4) Where the local government approves an application for the transfer of a permit, it is not required\nto refund any part of any fee paid by the former permit holder.\n6.10 Production of permit\nA permit holder is to produce to an authorised person her or his permit immediately upon being\nrequired to do so by that authorised person.\n6.11 Cancellation of permit\n(1) Subject to clause 7.1, a permit may be cancelled by the local government on any one or more of the\nfollowing grounds—\n(a) the permit holder has not complied with a—\ni. condition of the permit; or\nii. provision of any written law which may relate to the activity regulated by the permit;\nor\n(b) if it is relevant to the activity regulated by the permit—\ni. the permit holder has become bankrupt, or gone into liquidation;\nii. the permit holder has entered into any composition or arrangement with creditors; or\niii. a manager, an administrator, a trustee, a receiver, or a receiver and manager is\nappointed in relation to any part of the permit holder’s undertakings or property.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the local government; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\nPART 7—OBJECTIONS AND APPEALS\n7.1 Application of Part 9 Division 1 of Act\nWhen the local government makes a decision—\n(a) under clause 6.2(1); or\n(b) as to whether it will renew, vary, or cancel a permit,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that\ndecision.\nPART 8—MISCELLANEOUS NOTICES\n8.1 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\nthoroughfare, the local government may give a notice to the owner or the occupier of the land abutting\non the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of\nthe sprinkler or other watering equipment.\n\n4976 GOVERNMENT GAZETTE, WA 27 September 2017\n8.2 Hazardous plants\n(1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the\nlocal government may give a notice to the owner or the occupier of the land abutting on the garden to\nremove, 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.\n8.3 Notice to repair damage to thoroughfare\nWhere any portion of a thoroughfare has been damaged, the local government may by notice to the\nperson who caused the damage order the person to repair or replace that portion of the thoroughfare\nto the satisfaction of the local government.\n8.4 Notice to remove thing unlawfully placed on thoroughfare\nWhere anything is placed on a thoroughfare in contravention of this local law, the local government\nmay by notice in writing to the owner or the occupier of the property which abuts on that portion of\nthe thoroughfare where the thing has been placed, or such other person who may be responsible for\nthe thing being so placed, require the relevant person to remove the thing.\nPART 9—ENFORCEMENT\nDivision 1—Notices given under this local law\n9.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do anything,\nif the person fails to comply with the notice, the person commits an offence.\n9.2 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 9.1, the local government may do\nthe thing specified in the notice and recover from that person, as a debt, the costs incurred in so\ndoing.\nDivision 2—Offences and penalties\nSubdivision 1—General\n9.3 Offences\n(1) Any person who fails to do anything required or directed to be done under this local law, or who\ndoes anything which under this local law that person is prohibited from doing, commits an offence.\n(2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\nSubdivision 2—Infringement notices and modified penalties\n9.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n9.5 Forms\nUnless otherwise specified, 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\nSchedule 1 of the Regulations; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Regulations.\n————\nSCHEDULE 1—PRESCRIBED OFFENCES\n(Clause 9.4(2))\nItem Clause Description Modified\nPenalty $\n1 2.1 (a) Plant (except grass or similar plant) on thoroughfare within 10m\nof intersection\n150\n2 2.1 (b) Damaging lawn or garden 150\n3 2.1 (c) Plant (except grass) on thoroughfare within 2m of carriageway 150\n4 2.1 (d) Placing hazardous substance on footpath 150\n\n27 September 2017 GOVERNMENT GAZETTE, WA 4977\nItem Clause Description Modified\nPenalty $\n5 2.1 (e) Damaging or interfering with signpost or structure on\nthoroughfare\n350\n6 2.1 (f) Playing games so as to impede vehicles or persons on thoroughfare 150\n7 2.1 (g) Riding of skateboard or similar device on mall or verandah of\nshopping centre\n150\n8 2.1 (h) Driving on a verge without permission 150\n9 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 150\n10 2.2(1)(b) Throwing or placing anything on a verge without a permit 200\n11 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a\npermit\n150\n12 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a\npermit\n300\n13 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a\npermit\n300\n14 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350\n15 2.2(1)(h) Felling tree onto thoroughfare without a permit 200\n16 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 200\n17 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over\na thoroughfare without a permit\n350\n18 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 200\n19 2.2(1)(1) Placing a bulk rubbish container on a thoroughfare without a\npermit\n200\n20 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 200\n21 2.3(1) Consumption or possession of liquor on thoroughfare 125\n22 2.4(1) Failure to obtain permit for temporary crossing 250\n23 2.5(2) Failure to comply with notice to remove crossing and reinstate\nkerb\n350\n24 2.9(1) Installation of verge treatment other than permissible verge\ntreatment\n250\n25 2.10 Failure to maintain permissible verge treatment or placement of\nobstruction on verge\n200\n26 2.11 Failure to comply with notice to rectify default 200\n27 2.17(2) Failure to comply with sign on public place 150\n28 2.19(1) Driving or taking a vehicle on a closed thoroughfare 350\n29 3.2(a) Placing advertising sign or erecting any advertisement on a\nthoroughfare or verge without a permit\n150\n30 3.2(b) Posting a bill or paint, place, or affix any advertisement to a\nthoroughfare, verge, or local government property on a verge\nwithout a permit\n150\n31 4.1(1) Animal or vehicle obstructing a public place or local government\nproperty\n150\n32 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 150\n33 4.2(2)(b) Animal on public place with infectious disease 150\n34 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 150\n35 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 150\n36 4.5 Person leaving shopping trolley in public place other than trolley\nbay\n150\n37 5.2(1) Conducting of stall in public place without a permit 350\n38 5.3(1) Trading without a permit 350\n39 5.8(1)(a) Failure of stallholder or trader to display or carry permit 150\n40 5.8(1)(b) Stallholder or trader not displaying valid permit 150\n41 5.8(1)(c) Stallholder or trader not carrying certified scales when selling\ngoods by weight\n150\n42 5.8(2) Stallholder or trader engaged in prohibited conduct 150\n43 5.10 Establishment or conduct of outdoor eating facility without a\npermit\n350\n44 5.12 Failure of permit holder of outdoor eating facility to comply with\nobligations\n150\n\n4978 GOVERNMENT GAZETTE, WA 27 September 2017\nItem Clause Description Modified\nPenalty $\n45 5.14(1) Use of equipment of outdoor eating facility without purchase of\nfood or drink from facility\n60\n46 5.14(2) Failure to leave outdoor eating facility when requested to do so by\npermit holder\n60\n47 6.5 Failure to comply with a condition of a permit 150\n48 6.10 Failure to produce permit on request of authorised person 150\n49 9.1 Failure to comply with notice given under local law 150\n————\nSCHEDULE 2—ACCEPTABLE MATERIAL\n(Clause 2.6)\n1. General\n(1) All forms of loose aggregate materials such as pebbles, stones, crushed brick and gravel are\nacceptable.\n(2) The materials shall be no larger than 50mm and no smaller than 20mm in diameter. The material\nmust be contained within the verge area at all times.\n2. Paving\n(1) Paving is to consist of porous pavers or similar material is to be installed in a manner that can\neasily be removed to access underground services or install a street tree.\n(2) Up to 100% of the verge may be paved.\n(3) In situations where it is found by the City that 100% paving of the verge is causing flooding the\nCity shall require the area of paving to be reduced.\n————\nDated this 6th day of September 2017.\nThe Common Seal of the City of Karratha was affixed by authority of a resolution of the Council in\nthe presence of—\nP. LONG, Mayor.\nC. ADAMS, Chief Executive Officer.\n———————————\n\n27 September 2017 GOVERNMENT GAZETTE, WA 4979\nLOCAL GOVERNMENT ACT 1995\nCITY OF KARRATHA\nREPEAL LOCAL LAW 2017\nUnder the powers conferred by the Local Government Act 1995 and all other powers enabling it, the\nCouncil of the City of Karratha has resolved on 17 July 2017 to make the following local law.\n1. Citation\nThis local law is the City of Karratha Repeal Local Law 2017.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n3. Repeal\nThe following local laws are repealed—\n(a) Shire of Roebourne Bee Keeping Local Law, as published in the Government Gazette on\n16 June 2003;\n(b) Shire of Roebourne Signs, Hoarding and Bill Posting By-Law, as published in the\nGovernment Gazette on 6 September 1991, and as amended in the Government Gazette on\n28 October 1994; and\n(c) Shire of Roebourne Tidepole Island Local Law, as published in the Government Gazette on\n4 December 2007.\n————\nDated this 6th day of September 2017.\nThe Common Seal of the City of Karratha was affixed by authority of a resolution of the Council in\nthe presence of—\nP. LONG, Mayor.\nC. ADAMS, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. The main local law comprehensively regulates activities in public places and trading, which matches its title and stated purpose. The repeal local law performs a housekeeping function to remove obsolete laws. There is no evidence of scope creep beyond the original purpose of managing public thoroughfares and trading activities."},"complexity_factors":["Length: Approximately 80 clauses across 9 Parts plus 2 Schedules, spanning roughly 12 pages of dense legislative text","Multiple overlapping definitions: Terms like 'public place' and 'thoroughfare' are defined differently in different Parts (e.g., clause 1.5 vs 5.1), creating potential confusion","Nested conditional logic: Extensive use of 'unless' clauses with multiple sub-conditions (e.g., clause 2.1(h) has 3 separate exceptions; clause 2.2(1)(b) has 4 numbered exceptions)","Cross-references: Heavy reliance on external legislation including Local Government Act 1995, Road Traffic Code 2000, Building Act 2011, Liquor Licensing Act 1988, Food Act 2008, Disability Discrimination Act 1992 (Cth), and National Measurement Act 1960 (Cth)","Permit system complexity: Detailed application requirements, conditions, renewal, transfer, and cancellation provisions across multiple Divisions (Parts 5 and 6)","Transitional provisions: Special rules for existing verge treatments (clause 2.12) and existing signs (clause 2.18) that preserve certain pre-existing arrangements","Dual document structure: Actually two separate local laws published together (the main Activities law and the Repeal law), requiring careful reading to distinguish which provisions apply to which","Exception to exceptions: Clause 2.3(2) creates an exception (sealed containers) to the liquor prohibition, which itself has exceptions in subclause (1)"],"plain_english_summary":"The City of Karratha made two local laws. The first controls conduct on streets, footpaths and council land—setting permitted verge treatments, requiring permits for works, trading and stalls, restricting signs, managing animals, vehicles, shopping trolleys and public drinking, and providing enforcement powers and fines. It affects residents, businesses, builders, retailers and anyone using public spaces. The second simply repeals three outdated Shire of Roebourne local laws."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The package replaces several older Shire of Roebourne local laws and consolidates regulation across the City of Karratha: the Activities in Thoroughfares and Public Places and Trading Local Law creates a district‑wide framework for public-place conduct, trading permits, verge treatments (limited to declared townsites — cl.2.7) and enforcement, while the separate Repeal Local Law expressly revokes the Shire of Roebourne Bee Keeping, Signs/Hoarding/Bill Posting and Tidepole Island laws (Repeal Local Law cl.3). The new law also preserves some pre-existing verge treatments by transitional provision (cl.2.12)."},"complexity_factors":["Multiple overlapping permit types and processes (stallholder, trader, facility, temporary crossings) with separate application, renewal, transfer and cancellation rules (cl.5.2–5.3, cl.6.1–6.11).","Extensive definitions and cross-references to the Local Government Act, Road Traffic Code and other written laws (cl.1.5; throughout).","Significant local-government discretion to approve, refuse or condition permits and to vary permit conditions (cl.6.2, cl.6.3–6.5, cl.5.5).","Detailed technical rules for verge treatments limited to townsites, with material specifications in a Schedule (cl.2.6–2.13; Schedule 2).","A tiered enforcement regime: offences on conviction, daily continuing penalties, and an infringement/modified-penalty schedule with varied dollar amounts (cl.9.3; cl.9.4; Schedule 1).","Transitional and repeal provisions that replace previous Shire laws and grandfather some existing verge treatments (cl.1.4; cl.2.12; Repeal Local Law cl.3).","Operational burdens: notification and information requirements, potential bonds/insurance/indemnities and cost recovery powers for remedial works (cl.6.3(g)(h)(i); cl.9.2).","Multiple delegated actors and enforcement powers (authorised persons, CEO, Council, police, emergency services) creating coordination needs (cl.1.5 definition; cl.5.15; cl.4.8)."],"plain_english_summary":"This instrument establishes a City of Karratha local law that regulates use of thoroughfares, verges and public places, creates a permit regime for activities and trading, sets obligations for property owners (eg. verge maintenance), and fixes offences and fines (permit rules cl.6.1–6.11; offences Sch.1). It also repeals several former Shire of Roebourne local laws (Repeal Local Law cl.3). The local government (Council/CEO) decides permit applications and may impose conditions or require corrective work (cl.6.2, 5.5, 9.2), shifting compliance costs to permit-holders, owners and traders."}},"importantCases":[],"_links":{"self":"/api/acts/karratha-city-of-repeal-local-law","history":"/api/acts/karratha-city-of-repeal-local-law/history","analysis":"/api/acts/karratha-city-of-repeal-local-law/analysis","conflicts":"/api/acts/karratha-city-of-repeal-local-law/conflicts","importantCases":"/api/acts/karratha-city-of-repeal-local-law/important-cases","documents":"/api/acts/karratha-city-of-repeal-local-law/documents"}}