{"id":"wa-local:merredin-shire-of-local-government-property-amendment-local-law-2017","name":"Local Government Property Amendment Local Law 2017","slug":"local-government-property-amendment-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438528,"registerId":"wa-local:merredin-shire-of-local-government-property-amendment-local-law-2017-pdf-1775954916422","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Government Property Amendment Local Law 2017","content":"!2017082GG!\n2209\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, WEDNESDAY, 26 APRIL 2017 No. 82 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12:00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nSHIRE OF MERREDIN\nLOCAL LAWS\nACTIVITIES ON THOROUGHFARES AND PUBLIC\nPLACES AND TRADING AMENDMENT LOCAL LAW 2017\nBUSH FIRE BRIGADES AMENDMENT LOCAL LAW 2017\nCEMETERIES AMENDMENT LOCAL LAW 2017\nFENCING AMENDMENT LOCAL LAW 2017\nLOCAL GOVERNMENT PROPERTY AMENDMENT\nLOCAL LAW 2017\nSTANDING ORDERS LOCAL LAW 2017\n\n\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2211\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF MERREDIN\nACTIVITIES ON THOROUGHFARES AND PUBLIC PLACES AND\nTRADING AMENDMENT LOCAL LAW 2017\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the Shire of Merredin resolved on the 21 March 2017 to make the following local law.\n1. Citation\nThis local law may be cited as the Shire of Merredin Activities on Thoroughfares and Public Places\nand Trading Amendment Local Law 2017.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n3. Principal local law\nIn this local law the Shire of Merredin Activities in Thoroughfares and Public Places and Trading\nLocal Law as published in the Government Gazette on 7 October 2002 is the principal local law. The\nprincipal local law is amended.\n4. Preliminary\nThe principal local law is amended as follows—\n(1) delete “authorized” wherever it appears in the local law and insert—\nauthorised\n(2) delete “Liquor Licensing Act 1988” wherever it appears in the local law and insert—\nLiquor Control Act 1988\n(3) delete “Town Planning and Development Act 1928” wherever it appears in the local law and\ninsert—\nPlanning and Development Act 2005\n(4) delete “Local Government (Miscellaneous Provisions) Act 1960” wherever it appears in the\nlocal law and insert—\nBuilding Act 2011\n5. Clause 1.2 amended\nIn clause 1.2—\n(a) Insert in alphabetical order—\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\naffected by the interference;\n(b) Amend the definition “authorised person” by deleting “authorised by the local government”\nand insert—\nappointed by the local government\n6. Clause 2.1 amended\nDelete clause 2.1(a) and insert—\n(a) plant any plant (except grasses or a similar plant) within 6 metres of an intersection;\n7. Clause 2.6 amended\nIn clause 2.6 delete all the words after “surface,” and insert—\nand which appears in Schedule 2.\n\n2212 GOVERNMENT GAZETTE, WA 26 April 2017\n8. Clause 2.7 amended\nIn clause 2.7 delete “the townsite” and insert—\na townsite\n9. Clause 2.8 amended\nDelete clause 2.8(2)(d) and insert—\n(d) a combination of any of the above.\n10. Clause 3.2 amended\n(1) In clause 3.2(2) delete the words “infrequent or”.\n(2) In clause 3.2(3)(c) delete the words “or within 3 metres of”.\n11. Clause 4.1 amended\nIn clause 4.1(2) after “hour” insert—\nand provided with an ample and accessible supply of water for the time it is tethered\n12. Clause 4.7 deleted\nDelete clause 4.7.\n13. Clause 5.1 amended\nIn clause 5.1—\n(a) delete the Interpretation “protected flora” and insert—\nspecially protected flora has the meaning given to it in section 5 of the Biodiversity\nConservation Act 2016;\n(b) delete the Interpretation “rare flora” and insert—\nthreatened flora has the meaning given to it in section 5 of the Biodiversity Conservation\nAct 2016;\n(c) delete all the words after “Roadside Conservation Committee” and insert—\nmeans the Roadside Conservation Committee appointed by the Minister for the Environment.\n14. Clause 5.4 amended\nIn clause 5.4 delete the words ‘Code of Practice for Roadside Conservation and Road Maintenance”\nand insert—\n‘Handbook of Environmental Practice for Road Construction and Road Maintenance Works’ (April\n2005)’\n15. Clause 5.7 amended\nIn clause 5.7(a) delete “protected flora and rare flora” and insert—\nspecially protected flora and threatened flora\n16. Clause 5.11 deleted\nDelete clause 5.11.\n17. Clause 5.12 deleted\nDelete clause 5.12.\n18. Clause 5.16 replaced\nDelete clause 5.16 delete and insert—\n5.16 Prohibitions on burning\nNotwithstanding anything to the contrary in this local law, an application for a permit for the\npurpose of clause 5.13 is not to be approved by the local government for burning between\n31 August and 1 May of the following year where the intensity of the burn could damage native\nflora and fauna.\n19. Clause 6.2 amended\n(1) In clause 6.2(1)(b) delete all the words after “assistant” and insert—\nauthorised by the holder of a valid stallholder’s permit.\n(2) Delete clause 6.2(2)(b);\n(3) In clause 6.2(2)(e) delete “; and” and insert a full stop;\n(4) Delete clause 6.2(2)(f).\n20. Clause 6.5 amended\n(1) In clause 6.5(2)(c) after the semi colon insert—\nor\n(2) Delete clause 6.5(2)(d).\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2213\n21. Clause 6.6 amended\nIn clause 6.6 (1)(l) after “insurance” insert—\n, including public liability insurance, vehicle third party insurance under the provisions of the\nMotor Vehicle (Third Party Insurance) Act 1943 and where employees are engaged workers\ncompensation insurance under the provisions of the Workers Compensation and Injury\nManagement Act 1981\n22. Clause 6.8 amended\n(1) In clause 6.8 (1)(c) delete “Weights and Measures Act 1915” and insert—\nNational Measurement Act 1960 (Cth)\n(2) Delete subclause 2(a).\n23. Clause 6.17 amended\n(1) In clause 6.17 (b) delete “Health Act 1911” and insert—\n“Food Act 2008”\n(2) Delete clause 6.17(c).\n24. Clause 6.18 amended\n(1) Delete clause 6.18(1)(a).\n(2) In clause 6.18(1)(d) delete “and” after “Facility;”.\n(3) In clause 6.18(1)—\n(a) in paragraph (e) delete the full stop and insert—\n; and\n(b) after paragraph (e) insert—\n(f) provide a certificate of currency of public liability insurance to an amount of\n$10,000,000.\n25. Clause 7.7 amended\nIn clause 7.7(2) delete “mutatis mutandis” and insert—\nwith the necessary modifications\n26. Clause 8.1 amended\nIn clause 8.1 delete “regulations 33 and 34” and insert—\nregulation 33\n27. Schedule 1 amended\nDelete Schedule 1 and insert—\nSchedule 1—Prescribed Offences\n[Clause 10.4]\nItem Clause Description Modified\nPenalty $\n1 2.1(a) Plant any plant within 6 metres of the intersection 150\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\n5 2.1(e) Damaging or interfering with signpost or structure on\nthoroughfare\n450\n6 2.1(f) Playing games so as to impede vehicles or persons on\nthoroughfare\n150\n7 2.1(g) Riding of skateboard or similar device on mall or verandah of\nshopping centre\n150\n8 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 150\n9 2.2(1)(b) Throwing or placing anything on a verge without a permit 150\n10 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without\na permit\n150\n11 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a\npermit\n300\n12 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a\npermit\n300\n13 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 450\n14 2.2(1)(h) Felling tree onto thoroughfare without a permit 150\n15 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 150\n16 2.2(1)(j) Installing a hoist or other thing on a structure or land for use\nover a thoroughfare without a permit\n450\n\n2214 GOVERNMENT GAZETTE, WA 26 April 2017\nItem Clause Description Modified\nPenalty $\n17 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 150\n18 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a\npermit\n150\n19 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 150\n20 2.3(1) Consumption or possession of liquor on thoroughfare 150\n21 2.4(1) Failure to obtain permit for temporary crossing 300\n22 2.5(2) Failure to comply with notice to remove crossing and reinstate\nkerb\n450\n23 2.9(1) Installation of verge treatment other than permissible verge\ntreatment\n300\n24 2.10 Failure to maintain permissible verge treatment or placement of\nobstruction on verge\n150\n25 2.11 Failure to comply with notice to rectify default 150\n26 2.17(2) Failure to comply with sign on public place 150\n27 2.19(1) Driving or taking a vehicle on a closed thoroughfare 450\n28 3.2(1) Placing advertising sign or affixing any advertisement on a\nthoroughfare without a permit\n150\n29 3.2(3) Erecting or placing of advertising sign in a prohibited area 150\n30 4.1(1) Animal or vehicle obstructing a public place or local government\nproperty\n150\n31 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 150\n32 4.2(2)(b) Animal on public place with infectious disease 150\n33 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 150\n34 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 150\n35 4.5 Person leaving shopping trolley in public place other than trolley\nbay\n150\n36 4.6(2) Failure to remove shopping trolley upon being advised of location 150\n37 5.6(1) Driving a vehicle on other than the carriageway of a flora road 300\n38 5.9 Planting in thoroughfare without a permit 300\n39 5.13 Burning of thoroughfare without a permit 500\n40 5.17 Construction of firebreak on thoroughfare without a permit 500\n41 5.19 Commercial harvesting of native flora on thoroughfare 500\n42 5.20(1) Collecting seed from native flora on thoroughfare without a\npermit\n450\n43 6.2(1) Conducting of stall in public place without a permit 450\n44 6.3(1) Trading without a permit 450\n45 6.8(1)(a) Failure of stallholder or trader to display or carry permit 150\n46 6.8(1)(b) Stallholder or trader not displaying valid permit 150\n47 6.8(1)(c) Stallholder or trader not carrying certified scales when selling\ngoods by weight\n150\n48 6.8(2) Stallholder or trader engaged in prohibited conduct 150\n49 6.10 Performing in a public place without a permit 150\n50 6.11(2) Failure of performer to move onto another area when directed 150\n51 6.14 Failure of performer to comply with obligations 150\n52 6.16 Establishment or conduct of outdoor eating facility without a\npermit\n450\n53 6.18 Failure of permit holder of outdoor eating facility to comply with\nobligations\n150\n54 6.20(1) Use of equipment of outdoor eating facility without purchase of\nfood or drink from facility\n150\n55 6.20(2) Failure to leave outdoor eating facility when requested to do so by\npermit holder\n150\n56 7.5 Failure to comply with a condition of a permit 150\n57 7.9 Failure to produce permit on request of authorised person 150\n58 10.1 Failure to comply with notice given under local law 150\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2215\n28. Schedule 2 inserted\nAfter Schedule 1 insert—\nSchedule 2—Acceptable Materials\n[Clause 2.6]\n1. General\nAll forms of loose aggregate materials such as pebbles, stones, crushed brick and gravel are\nacceptable. The materials shall be no larger than 50mm and no smaller than 10mm in diameter.\nThe material must be contained within the verge area at all times.\n2. Paving\nThe verge may be fully paved subject to a street tree being planted in the verge if one does not\nalready exist. Where street trees are present there must be an area of open space a minimum of\none metre in diameter from the edge of the tree to the edge of the paving.\nPaving 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.\nIn situations where it is found by the local government that 100% paving of the verge is causing\nflooding the Shire may require the area of paving to be reduced.\n————\nDated 5 April 2017.\nThe Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in\nthe presence of—\nCr KEN HOOPER, President.\nGREG POWELL, Chief Executive Officer.\n———————————\n\n\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2217\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF MERREDIN\nBUSH FIRE BRIGADES AMENDMENT LOCAL LAW 2017\nUnder the powers conferred by the Bush Fires Act 1954, the Local Government Act 1995 and under all\nother powers enabling it, the Council of the Shire of Merredin resolved on 21 March 2017 to make the\nfollowing local law.\n1. Citation\nThis local law may be cited as the Shire of Merredin Bush Fire Brigades Amendment Local Law 2017.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n3. Principal local law\nIn this local law the Shire of Merredin Bush Fire Brigades Local Law as published in the Government\nGazette on 7 October 2002 is referred to as the principal local law. The principal local law is amended.\n4. Clause 1.2 amended\nIn clause 1.2—\n(a) delete the definition “Authority”;\n(b) insert in alphabetical order the following definitions—\n“Department” has the meaning given by section 3 of the Fire and Emergency Services\nAct 1998;\n“district” means the district of the local government;\n“Schedule” means a Schedule to this local law;\n(c) in definition “Rules” delete all the words after “Schedule”.\n5. Clause 2.3 replaced\nDelete clause 2.3 and insert—\n2.3 Ranks within the bush fire brigade\n(1) Where under the Act and Bush Fire Operating Procedures members of the bush fire\nbrigade have command of a fire, unless a bush fire control officer is in attendance at the\nfire, the Captain has full control over other persons fighting the fire, and is to issue\ninstructions as to the methods to be adopted by the firefighters.\n(2) In the absence of the Captain, the bush fire control officer, in the order of seniority\ndetermined, is to exercise all the powers and duties of the Captain.\n(3) Where a bush fire control officer is in attendance at a fire which the members of the bush\nfire brigade have command of under the Act and the Bush Fire Operating Procedures, the\nmost senior bush fire control officer has full control over other persons fighting the fire\nand is to issue instructions as to the methods to be adopted by the firefighters.\n6. Clause 2.4 amended\nIn clause 2.4(1) after “brigade” insert—\nas set out in the First Schedule\n7. Clause 2.5 deleted\nDelete clause 2.5.\n8. Clause 4.4 amended\nIn clause 4.4(f) delete “Authority’s” and insert—\nDepartment’s\n\n2218 GOVERNMENT GAZETTE, WA 26 April 2017\n9. Clause 6.2 amended\nIn clause 6.2 delete “31 May” and insert—\n28 February\n10. Clause 6.3 amended\nIn clause 6.3 delete “31 March” and insert—\n31 December\n11. First Schedule clause 2.4 amended\nDelete clause 2.4 of the First Schedule and insert—\n2.4 Applications for membership\nAn application for membership is to be submitted to the Secretary, in writing, in the form as\ndetermined by the local government from time to time.\n12. First Schedule clause 2.6 amended\nIn clause 2.6 of the First Schedule—\n(a) in the title delete “FESA” and insert—\nDepartment\n(b) delete all instances of the word “Authority” and insert—\nDepartment\n13. First Schedule clause 3.3 amended\nIn clause 3.3(1)(e) of the First Schedule delete all instances of the word “Authority” and insert—\nDepartment\n14. First Schedule clause 5.1 amended\nIn clause 5.1(1) of the First Schedule after “Chief” insert—\nBush\n15. First Schedule clause 5.4 amended\nIn clause 5.4(1) of the First Schedule—\n(a) delete “offices” and insert—\nofficers\n(b) delete “of member” and insert—\nor members\n16. First Schedule clause 7.1 amended\nIn clause 7.1(2) of the First Schedule delete “1 May” and insert—\n31 May\n17. First Schedule clause 7.4 amended\nDelete clause 7.4 of the First Schedule and insert—\n7.4 Banking\n(1) The funds of the bush fire brigade are to be placed in a bank account and payments are to\nbe approved on the joint authorisation of any 2 of the Captain, Secretary or Treasurer.\nAuthorisation can be by whatever means is considered by the bush fire brigade to be the\nmost convenient including the use of electronic fund transfers.\n(2) If the Secretary/Treasurer is a combined position, the Captain and Secretary/Treasurer\nare to jointly authorise payments referred to in subclause (1).\n18. First Schedule clause 8.1 amended\nIn clause 8.1 of the First Schedule—\n(a) in subclause (1) after “post” insert—\nor by electronic communication\n(b) in subclause (4)(c)—\n(i) in subparagraph (ii) after the semi colon delete “or”;\n(ii) in subparagraph (iii) after the semi colon insert—\nor\n(iii) after subparagraph (iii) insert—\n(iv) an electronic communication;\n(c) in subclause (4)(d)—\n(i) in subparagraph (ii) after the semi colon delete “or”;\n(ii) in subparagraph (iii) delete the full stop and insert a semi colon followed by—\nor\n(iii) after subparagraph (iii) insert—\n(iv) at the time when the electronic communication becomes capable of being\nretrieved by the addressee.\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2219\n19. First Schedule clause 8.2 amended\nIn clause 8.2 of the First Schedule—\n(a) in subclause (1) after “form” delete “of that appearing in this clause” and insert—\nas determined by the local government\n(b) in subclause (7) after “form” delete “set out below-” and insert—\nas determined by the local government.\n(c) delete the form headed “Proxy” that follows subclause (7).\n————\nDated 5 April 2017.\nThe Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in\nthe presence of—\nCr KEN HOOPER, President.\nGREG POWELL, Chief Executive Officer.\n———————————\n\n\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2221\nLOCAL GOVERNMENT ACT 1995\nCEMETERIES ACT 1986\nSHIRE OF MERREDIN\nCEMETERIES AMENDMENT LOCAL LAW 2017\nUnder the powers conferred by the Cemeteries Act 1986, the Local Government Act 1995 and under all\nother powers enabling it, the Council of the Shire of Merredin resolved on 21 March 2017 to make the\nfollowing local law.\n1. Citation\nThis local law may be cited as the Shire of Merredin Cemeteries Amendment Local Law 2017.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n3. Principal local law\nIn this local law the Shire of Merredin Cemeteries Local Law as published in the Government Gazette\non 7 October 2002 is referred to as the principal local law. The principal local law is amended.\n4. Clause 1.2 amended\nIn clause 1.2—\n(a) delete the definitions “mausoleum” and “vault”;\n(b) insert the following definitions in alphabetical order—\nAct means the Cemeteries Act 1986;\nanimal means any animal but does not include an assistance animal;\nassistance animal has the meaning given under section 9(2) of the Disability\nDiscrimination Act 1992 (Cth);\nburial has the same meaning as given in the Act;\ncemetery means the Shire of Merredin cemeteries, which the Governor, by order, has placed\nunder the care, control and management of the Board;\ndead body has the same meaning given to it in the Act;\nfuneral includes the burial of a dead body and all associated processions and ceremonials but\ndoes not include so much of the ceremonial that is solely a religious rite;\ngrant means a grant issued by the Board, of an exclusive right of burial in a grave;\ngrave means a specified area of the cemetery for burial;\nmemorial means a memorial plaque or memorial as described in this local law or as\notherwise approved by the Board;\n5. Clause 3.2 deleted\nDelete clause 3.2.\n6. Clause 3.5 amended\nIn clause 3.5 delete “at least twenty four hours” and insert—\nnot less than 2 working days\n7. Clause 4.1 amended\nIn clause 4.1 delete “the 30th day of” and insert—\n30\n8. Clause 5.1 amended\nIn clause 5.1(a) delete “or cremation”.\n9. Clause 5.2 amended\nIn clause 5.2 delete “or cremation” and “or clause 3.2”.\n\n2222 GOVERNMENT GAZETTE, WA 26 April 2017\n10. Clause 5.3 amended\nIn clause 5.3—\n(a) in the heading delete “Entry Restricted” and insert—\naccess and speed limitations\n(b) delete clause 5.3(2) and insert—\n(2) This clause shall not apply to vehicles or other motorised devices necessary to assist\npersons with limited mobility, or to any other vehicle approved by the CEO.\n(3) Vehicles shall proceed within the cemetery by the constructed roadway or other areas\ndesignated for the use of vehicles and shall not exceed the speed indicated by signs.\n11. Clause 5.4 deleted\nDelete clause 5.4.\n12. Clause 5.5 deleted\nDelete clause 5.5.\n13. Clause 5.6 amended\nDelete clause 5.6(d) and insert—\n(d) bury a dead body only when a permit to bury has been obtained for that body;\n14. Part 5 Division 2 deleted\nDelete Part 5 Division 2.\n15. Clause 5.13 deleted\nDelete clause 5.13.\n16. Clause 5.14 deleted\nDelete clause 5.14.\n17. Clause 6.1 replaced\nDelete clause 6.1 and insert—\n6.1 Depth of graves\n(1) A person shall not bury a coffin within the cemetery so that the distance from the top of\nthe coffin to the original surface of the ground is less than 750 mm.\n(2) A person, with the permission of the CEO or authorised officer, may bury a coffin so that\nthe distance from the top of the coffin to the original surface of the ground is not less than\n600 mm.\n(3) The permission of the authorised officer in subclause (2) will only be granted where in the\nopinion of the authorised officer exceptional circumstances require granting of that\npermission.\n18. Clause 6.2 replaced\nDelete clause 6.2 and insert—\n6.2 Re-opening a grave\n(1) Subject to subclause (2), if for the purpose of re-opening a grave in the cemetery, the\nBoard finds it necessary to remove plants, grass, shrubs or other like matter from the\ngrave, then the person ordering the reopening of that grave shall bear the cost of the\nremoval and any necessary reinstatement.\n(2) If the Minister orders the exhumation of a body in accordance with section 58 of the Act,\nthen the Minister may further order how and by whom the cost referred to in\nsubclause (1) should be met.\n(3) In this clause, the word Minister has the same meaning as is given to that expression in\nthe Act.\n19. Clauses 6.3 and 6.4 inserted\nAfter clause 6.2 insert—\n6.3 Exhumation of a coffin\n(1) Subject to subclause (2), a person shall not exhume a coffin in the cemetery for the\npurposes of re-burial within 12 months after the date of its interment.\n(2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to\nthe Act.\n(3) Subject to subclause (1) and (2), prior to any other exhumation, the holder of a grant\nmust have applied in writing to the Board requesting the exhumation and the Board\nmust have authorised the exhumation.\n6.4 Opening of coffin\n(1) A person shall not open a coffin in the cemetery unless—\n(a) the coffin is opened for the purposes of the exhumation of a dead body; or\n(b) that person has produced to the Board an order signed by the Commissioner of Police\nand the Board has approved the opening of that coffin.\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2223\n(2) In this clause Commissioner of Police means a Commissioner of Police for the time\nbeing appointed under the Police Act 1892 and includes a person for the time being acting\nin that capacity in the absence of the Commissioner of Police.\n20. Clause 7.7 amended\nIn clause 7.7 delete “6pm” and insert—\n6.00pm\n21. Clause 7.8 amended\nIn clause 7.8 delete “, other than as a temporary marker and with” and insert—\nwithout\n22. Clause 7.17 amended\nIn clause 7.17 delete “the 30th day of” and insert—\n30\n23. Clause 8.1 amended\nDelete clause 8.1 and insert—\n8.1 Animals\nA person shall not bring an animal into or permit an animal to remain in a cemetery, other than\nan assistance animal, or with the approval of the CEO or an authorised person.\n24. Clause 8.2 deleted\nDelete clause 8.2.\n25. Clause 8.3 amended\nIn clause 8.3 delete “8.4” and insert—\n8.4(3)\n26. Clause 8.4 replaced\nDelete clause 8.4 and insert—\n8.4 Flowers\n(1) All flowers must be placed in vases or receptacles.\n(2) No person shall plant trees, shrubs or plants in the cemetery without the prior approval\nof the Board.\n(3) A person may remove withered flowers from a grave or memorial and these are to be\nplaced in a receptacle provided by the Board for that purpose.\n27. Clause 8.9 inserted\nAfter clause 8.8 insert—\n8.9 Fireworks or firearms\n(1) A person shall not bring or discharge any fireworks within the cemetery.\n(2) A person shall not bring or discharge any firearms within the cemetery except members\nof the police service and in the case of a military funeral, when firearms may be brought\ninto the cemetery and discharged by members of the Australian Defence Force.\n28. Clause 9.2 amended\nDelete clause 9.2 and insert—\n9.2 Modified penalties\n(1) Any offence against this local law may be dealt with under section 63 of the Act.\n(2) The modified penalty payable in respect of an offence against this local law is set at $50.\n(3) The prescribed form of the infringement notice referred to in section 63(1) of the Act is\nthe form as determined by the Board from time to time.\n(4) The prescribed form of the notice withdrawing an infringement notice referred to in\nsection 63(3) of the Act is the form as determined by the Board from time to time.\n29. First Schedule deleted\nDelete the First Schedule.\n30. Second Schedule deleted\nDelete the Second Schedule.\n31. Third Schedule deleted\nDelete the Third Schedule.\n————\nDated 5 April 2017.\nThe Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in\nthe presence of—\nCr KEN HOOPER, President.\nGREG POWELL, Chief Executive Officer.\n\n\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2225\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF MERREDIN\nFENCING AMENDMENT LOCAL LAW 2017\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the Shire of Merredin resolved on the 21 March 2017 to make the following local law.\n1. Citation\nThis local law may be cited as the Shire of Merredin Fencing Amendment Local Law 2017.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n3. Principal local law\nIn this local law the Shire of Merredin Local Laws Relating to Fencing as published in the\nGovernment Gazette on 7 October 2002, is referred to as the principal local law. The principal local\nlaw is amended.\n4. Clause 4 amended\nIn clause 4—\n(a) in alphabetical order insert—\n(i) occupier has the meaning given to it in the Local Government Act 1995;\n(ii) owner has the meaning given in the Act;\n(b) delete the definition AS and insert—\nAS/NZS means an Australian Standard or an Australian/New Zealand Standard published\nby the Standards Australia;\n(c) in the definition of lot delete “Town Planning and Development Act 1928” and insert—\nPlanning and Development Act 2005\n(d) in the definition of town planning scheme delete “Town Planning and Development\nAct 1928” and insert—\nPlanning and Development Act 2005\n5. Clause 5 amended\nIn clause 5—\n(a) in the heading delete “Licence”;\n(b) delete “licence” where it appears;\n(c) after “6.16” insert—\nto 6.19\n6. Clause 6 amended\nIn clause 6—\n(a) delete subclause (1) and insert—\n(1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient\nfence, unless all owners of lands which adjoin the relevant boundary agree to erect a\nfence which, though different does not fail to comply with the requirements of a\nsufficient fence.\n(b) delete all reference to “the First Schedule” and insert—\nSchedule 1\n(c) delete all reference to “the Second Schedule” and insert—\nSchedule 2\n(d) delete all reference to “the Third Schedule” and insert—\nSchedule 3\n\n2226 GOVERNMENT GAZETTE, WA 26 April 2017\n7. Clause 7 amended\nDelete clause 7(2) and clause 7(3) and insert—\n(2) The Building Surveyor may approve the erection of a fence greater than 1200mm but not\nexceeding 1500mm in the front setback area of a Residential Lot.\n8. Clause 10 replaced\nDelete clause 10 and insert—\n10. General Discretion of the Local Government\n(1) Notwithstanding the provisions of clause 6, the local government may approve the\nerection or repair of a dividing fence which is not a sufficient fence where all of the\nowners of the lots to be separated by the dividing fence make an application for approval\nfor that purpose.\n(2) In determining whether to grant its approval under subclause (1), the local government\nmay consider whether the erection or retention of the fence would have an adverse effect\non—\n(a) the safe or convenient use of any land;\n(b) the safety or convenience of any person; or\n(c) the visual amenity of the locality.\n9. Clause 13 amended\nIn clause 13—\n(a) delete subclause (2)(b) and insert—\n(b) unless the fence, when constructed will comply with AS/NZS 3016:2002 Electrical\nInstallations—Electric Security Fences (as amended from time to time); and\n(b) delete subclause (4) and insert—\n(4) An application for a licence under this clause must—\n(a) be in the form determined by the local government;\n(b) be accompanied by any fee imposed by the local government under sections 6.16\nto 6.19 of the Local Government Act 1995; and\n(c) include—\n(i) a written consent signed by the owner of the land on which the fence is\nlocated or proposed to be located, unless the applicant is the owner of that\nland; and\n(ii) any further information which may be required by the local government.\n(c) after subclause (5) insert—\n(6) Where the local government approves an application for a licence under this clause, it\nshall issue a licence to the applicant in the form determined by the local government.\n10. Clause 14 amended\nIn clause 14 after the word “lot” insert—\n, except where the licence has been cancelled under clause 15\n11. Clause 16 amended\nAfter clause 16(3) insert—\n(4) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of\nSchedule 3.1 of the Local Government Act 1995 and any power of entry exercised by the local\ngovernment under these local laws is subject to Part 3, Division 3 of the Local Government\nAct 1995.\n12. Clause 18 amended\nIn subclause (2) delete “$100” and insert—\n$200\n13. Clause 19 amended\nIn clause 19—\n(a) in paragraph (a) delete “or substantially in the form of” and insert—\nthe form set out in\n(b) in paragraph(b) delete “or substantially in the form of” and insert—\nthe form set out in\n14. First Schedule amended\nIn the First Schedule delete “First Schedule” and insert—\nSchedule 1\n15. Second Schedule amended\nIn the title of the Second Schedule, delete “Second Schedule” and insert—\nSchedule 2\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2227\n16. Third Schedule amended\nIn the title of the Third Schedule, delete “Third Schedule” and insert—\nSchedule 3\n————\nDated 5 April 2017.\nThe Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in\nthe presence of—\nCr KEN HOOPER, President.\nGREG POWELL, Chief Executive Officer.\n———————————\n\n\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2229\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF MERREDIN\nLOCAL GOVERNMENT PROPERTY AMENDMENT\nLOCAL LAW 2017\nUnder the powers conferred the Local Government Act 1995 and under all other powers enabling it,\nthe Council of the Shire of Merredin resolved on the 21 March 2017 to make the following local law.\n1. Citation\nThis local law may be cited as the Shire of Merredin Local Government Property Amendment Local\nLaw 2017.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n3. Principal local law\nIn this local law the Shire of Merredin Local Government Property Local Law as published in the\nGovernment Gazette on 7 October 2002 is referred to as the principal local law. The principal local law\nis amended.\n4. Preliminary\nThe principal local law is amended as follows—\n(a) delete “Liquor Licensing Act 1988” wherever it appears in the local law and insert—\nLiquor Control Act 1988\n5. Clause 1.2 amended\nIn clause 1.2 insert the following definitions in alphabetical order—\naircraft means an aeroplane, helicopter, or other machine capable of flight;\nCode means the Code of Practice for the Design, Operation, Management and Maintenance of\nAquatic Facilities, as published by the Executive Director Public Health, from time to time, in\naccordance with the provisions of section 344A(2) of the Health Act 1911;\nprohibited drug has the same meaning as given in section 3 of the Misuse of Drugs Act 1981;\nSchedule means a Schedule to this local law;\n6. Clause 2.7 amended\nIn clause 2.7(1)(c) delete “aeroplane” and insert—\naircraft\n7. Clause 2.8 amended\nDelete clause 2.8(1)(c) and insert—\n(c) taking, riding or driving a vehicle or a particular class of vehicle on the property;\n8. Clause 3.7 deleted\nDelete clause 3.7.\n9. Clause 3.9 amended\nIn clause 3.9(2) delete “mutatis mutandis” and insert—\nas though it were an application for a permit\n10. Clause 5.1 amended\nDelete clause 5.1 and insert—\nWhen entry may be refused\n(1) A Manager or an authorized person shall refuse admission to, may direct to leave or shall\nremove or cause to be removed from a pool area any person who—\n(a) in her or his opinion is—\n(i) under the minimum age of that specified in the Code and who is unaccompanied\nby a responsible person over the age of that specified in the Code;\n\n2230 GOVERNMENT GAZETTE, WA 26 April 2017\n(ii) under the minimum age that specified in the Code and who is accompanied by a\nresponsible person over the age of that specified in the Code where the\nresponsible person is incapable of, or care, for that person;\n(iii) suffering from any contagious, infectious or cutaneous disease or complaint, or is\nin an unclean condition; or\n(iv) under the influence of liquor or a prohibited drug;\n(b) is to be refused admission under and in accordance with a decision of the local\ngovernment for breaching any clause of this local law.\n(2) If a person referred to in paragraph (a) or (b) of subclause (1) is in a pool area, a Manager or\nan authorized person must—\n(a) direct the person to leave;\n(b) if the person refuses or fails to leave, remove the person or arrange for the person to be\nremoved, from the pool area.\n11. Clause 5.3 amended\nDelete clause 5.3 and insert—\nOnly 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\nblock or change room is to be used by—\n(a) females—then a person of the male gender shall not use that entry of the toilet block or\nchange room;\n(b) males—then a person of the female gender shall 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\nparent, guardian 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.\n12. Part 5 Division 4 deleted\nDelete Part 5 Division 4.\n13. Part 7 deleted\nDelete Part 7.\n14. Clause 8.1 amended\nDelete “regulations 33 and 34” and insert—\nregulation 33\n15. Clause 10.4 amended\nDelete clause 10.4(1) and clause 10.4(2) and insert—\nPrescribed offences\n(1) An offence against a clause of this local law 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 $150.\n16. Schedule 1 deleted\nDelete Schedule 1.\n————\nDated 5 April 2017.\nThe Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in\nthe presence of—\nCr KEN HOOPER, President.\nGREG POWELL, Chief Executive Officer.\n———————————\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2231\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF MERREDIN\nSTANDING ORDERS LOCAL LAW 2017\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Interpretation\nPART 2—CALLING MEETINGS\n2.1 Ordinary and special Council meetings\n2.2 Calling Council meetings\n2.3 Convening Council meetings\n2.4 Calling Committee meetings\n2.5 Public notice of meeting\n2.6 Production of documents\n2.7 Conference of Committees\nPART 3—BUSINESS OF THE MEETING\n3.1 Business to be specified in the agenda\n3.2 Order of business\n3.3 Public question time\n3.4 Petitions\n3.5 Confirmation of minutes\n3.6 Announcements by the Presiding Member\n3.7 Matters for which meeting may be closed to members of the public\n3.8 Motions of which previous notice has been given\n3.9 Questions by members of which due notice has been given\n3.10 Urgent business approved by the Presiding Member or by decision\n3.11 Deputations\n3.12 Attending Committee meetings as an observer\nPART 4—PUBLIC ACCESS TO AGENDA MATERIAL\n4.1 Inspection entitlement\n4.2 Confidentiality of information withheld\n4.3 Media attendance\n4.4 Distinguished visitors\nPART 5—DISCLOSURE OF INTERESTS\n5.1 Disclosure of interests\nPART 6—QUORUM\n6.1 Quorum for meetings\n6.2 Loss of quorum during a meeting\nPART 7—KEEPING OF MINUTES\n7.1 Content of minutes\n7.2 Preservation of minutes\n\n2232 GOVERNMENT GAZETTE, WA 26 April 2017\nPART 8—CONDUCT OF PERSONS AT COUNCIL AND COMMITTEE MEETINGS\n8.1 Official titles to be used\n8.2 Members to occupy own seats\n8.3 Leaving meetings\n8.4 Adverse reflection\n8.5 Recording of proceedings\n8.6 Prevention of disturbance\n8.7 Protection of employees\nPART 9—CONDUCT OF MEMBERS DURING DEBATE\n9.1 Members to rise\n9.2 Priority\n9.3 The Presiding Member to take part in debates\n9.4 Relevance\n9.5 Limitation on number of speeches\n9.6 Duration of speeches\n9.7 Members not to speak after conclusion of debate\n9.8 Members not to interrupt\n9.9 Re-opening discussion on decisions\nPART 10—PROCEDURES FOR DEBATE OF MOTIONS\n10.1 Permissible motions on report recommendations\n10.2 Motions to be stated\n10.3 Motions to be supported\n10.4 Unopposed business\n10.5 Only one substantive motion considered\n10.6 Breaking down of complex questions\n10.7 Order of call in debate\n10.8 Limit of debate\n10.9 Member may require questions to be read\n10.10 Consent of seconder required to accept alteration of wording\n10.11 Order of amendments\n10.12 Amendments must not negate original motion\n10.13 Mover of motion may speak on amendment\n10.14 Substantive motion\n10.15 Withdrawal of motion or amendments\n10.16 Limitation of withdrawal\n10.17 Personal explanation\n10.18 Personal explanation—when heard\n10.19 Ruling on questions of personal explanation\n10.20 Right of reply\n10.21 Right of reply provisions\nPART 11—PROCEDURAL MOTIONS\n11.1 Permissible procedural motions\n11.2 No debate on procedural motions\n11.3 Procedural motions—closing debate—who may move\n11.4 Procedural motions—right of reply on substantive motion\nPART 12—EFFECT OF PROCEDURAL MOTIONS\n12.1 Council or Committee to proceed to the next business—effect of motion\n12.2 Question to be adjourned—effect of motion\n12.3 Council or Committee to now adjourn—effect of motion\n12.4 Question to be put—effect of motion\n12.5 Member to be no longer heard—effect of motion\n12.6 Ruling of the Presiding Member disagreed with—effect of motion\n12.7 Council or Committee to meet behind closed doors—effect of motion\nPART 13—MAKING DECISIONS\n13.1 Question—when put\n13.2 Question—method of putting\nPART 14—IMPLEMENTING DECISIONS\n14.1 Implementation of a decision\nPART 15—PRESERVING ORDER\n15.1 The Presiding Member to preserve order\n15.2 Demand for withdrawal\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2233\n15.3 Points of order—when to raise—procedure\n15.4 Points of order—when valid\n15.5 Points of order—ruling\n15.6 Points of order—ruling conclusive, unless dissent motion is moved\n15.7 Points of order take precedence\n15.8 Precedence of Presiding Member\n15.9 Right of the Presiding Member to adjourn without explanation to regain order\nPART 16—ADJOURNMENT OF MEETING\n16.1 Meeting may be adjourned\n16.2 Limit to moving adjournment\n16.3 Unopposed business—motion for adjournment\n16.4 Withdrawal of motion for adjournment\n16.5 Time to which adjourned\nPART 17—COMMITTEES OF THE COUNCIL\n17.1 Establishment and appointment of Committees\n17.2 Appointment of deputy Committee members\n17.3 Presentation of Committee reports\n17.4 Reports of Committees—questions\n17.5 This local law applies to Committees\nPART 18—ADMINISTRATIVE MATTERS\n18.1 Suspension of this local law\n18.2 Cases not provided for in this local law\nPART 19—COMMON SEAL\n19.1 Common seal\nPART 20—ENFORCEMENT\n20.1 Penalty for breach\n20.2 Who can prosecute\n\n\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2235\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF MERREDIN\nSTANDING ORDERS LOCAL LAW 2017\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the Shire of Merredin resolved on 21 March 2017 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law is the Shire of Merredin Standing Orders 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\nAll meetings of the Council, Committees and electors are to be conducted in accordance with the Act,\nthe Regulations and this local law.\n1.4 Repeal\nThe Shire of Merredin Standing Orders Local Law as published in the Government Gazette on\n7 October 2002 is repealed.\n1.5 Interpretation\n(1) In this local law, unless the contrary intention appears—\nAct means the Local Government Act 1995;\nabsolute majority has the same meaning as given to it in the Act;\nCEO means the Chief Executive Officer of the local government;\nCommittee means a Committee of the Council established under the Act;\nCouncil means the Council of the local government;\nCouncillor has the same meaning as is given to it in the Act;\ndeputation means a verbal submission at a Council or Committee meeting on an agenda item\nmade by a person who has a direct interest in the agenda item;\nemployee means an employee of the local government;\nimplement in relation to a decision, includes—\n(a) communicating notice of the decision to a person affected by, or with an interest in, the\ndecision; and\n(b) taking other action to give effect to the decision;\nlocal government means the Shire of Merredin;\nmember—\n(a) in relation to the Council, means the President or a Councillor; and\n(b) in relation to a Committee, means a member of the Committee;\nMinister means the Minister responsible for administering the Act;\nmotion means a proposition presented to the Council for its deliberation;\nofficer means an officer of the local government;\noriginal motion means the motion that first introduces a proposal to be considered at a meeting;\nPresident means the President of the local government;\nPresiding Member means—\n(a) in respect of the Council, the Presiding Member in accordance with the Act; and\n(b) in respect of a Committee, the Presiding Member in accordance with the Act;\nprocedural motion means a motion employed to control the conduct of a meeting;\n\n2236 GOVERNMENT GAZETTE, WA 26 April 2017\nRegulations means the Local Government (Administration) Regulations 1996;\nsimple majority means more than 50% of members present and voting;\nsubstantive motion means an original motion or an original motion as amended, but does not\ninclude an amendment or a procedural motion; and\nurgent business means business dealt with in accordance with clause 3.10.\n(2) Unless otherwise defined, the terms used in this local law have the meaning given to them in the\nAct and the Regulations.\nPART 2—CALLING MEETINGS\n2.1 Ordinary and special Council meetings\n(1) Ordinary and special Council meetings are dealt with in the Act.\n(2) An ordinary meeting of the Council held on a monthly basis, or otherwise as determined by the\nCouncil, is for the purpose of considering and dealing with the ordinary business of the Council.\n(3) A special meeting of the Council is held for the purpose of considering and dealing with Council\nbusiness that is urgent, complex in nature, for a particular purpose or confidential.\n2.2 Calling Council meetings\nThe calling of Council meetings is dealt with in the Act.\n2.3 Convening Council meetings\nThe convening of Council meetings is dealt with in the Act.\n2.4 Calling Committee meetings\nThe CEO is to call a meeting of any Committee when requested to do so verbally or in writing by—\n(a) the President or the Presiding Member of a Committee; or\n(b) any 2 members of the Committee; or\n(c) if so decided by the Council.\n2.5 Public notice of meeting\nPublic notice of meetings is dealt with in the Regulations.\n2.6 Production of documents\n(1) In this clause the term document means a deed, book, report, paper or any other written material\nwhatsoever or any other recorded or stored information.\n(2) Upon the request of a member, made at least 8 hours before a meeting, the CEO is to make\navailable by the commencement of the meeting, any document of the local government that relates to\nan item on the agenda for the meeting.\n(3) Any document requested may be made available in the Council Chamber or in a place to which\nmembers have reasonable access within the Council’s administration building.\n(4) Notwithstanding subclause (1), (2) and (3), if the CEO considers that any document requested is\nconfidential, the CEO may make it available in any circumstances necessary to protect the integrity\nof that document.\n2.7 Conference of Committees\nAny 2 or more Committees may confer together by mutual agreement on any matter of joint interest.\nPART 3—BUSINESS OF THE MEETING\n3.1 Business to be specified in the agenda\n(1) No business is to be transacted at any ordinary meeting of the Council other than that specified in\nthe agenda, without the approval of the Presiding Member or a decision of the Council or Committee.\n(2) No business is to be transacted at a special meeting of the Council other than that given in the\nnotice as the purpose of the meeting.\n(3) No business is to be transacted at a Committee meeting other than that specified in the agenda of\nthe meeting, without the approval of the Presiding Member or a decision of the Committee.\n(4) No business is to be transacted at an adjourned meeting of the Council or a Committee other than\nthat—\n(a) specified in the agenda of the meeting which had been adjourned; and\n(b) which remains unresolved,\nexcept in the case of an adjournment to the next ordinary meeting of the Council or the Committee,\nwhen the business unresolved at the adjourned meeting is to have precedence at that ordinary\nmeeting.\n3.2 Order of business\n(1) Unless otherwise decided by the Council the order of business at any ordinary meeting of the\nCouncil is to be as follows—\n1. Official opening\n2. Record of attendance/apologies/leave of absence (previously approved)\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2237\n3. Public question time\n4. Disclosure of interest\n5. Applications for leave of absence\n6. Petitions and presentations\n7. Confirmation of minutes of previous meeting\n8. Announcement by the person presiding without discussion\n9. Matters for which the meeting may be closed to the public\n10. Receipt of minutes of committee meetings\n11. Recommendations from committee meetings for Council consideration\n12. Officer’s Reports—Development Services\n13. Officer’s Reports—Engineering Services\n14. Officer’s Reports—Corporate and Community Services\n15. Officer’s Reports—Administration\n16. Motions of which previous notice has been given\n17. Questions by members of which due notice has been given\n18. Urgent business approved by the person presiding or by decision\n19. Matters behind closed doors\n20. Closure.\n(2) Unless otherwise decided by the members present, the order of business at any special meeting of\nthe Council or at a Committee meeting is to be the order in which that business stands in the agenda\nof the meeting.\n(3) Notwithstanding subclauses (1) and (2) in the order of business for any meeting of the Council or a\nCommittee, the provisions of the Act and Regulations relating to the time at which public question\ntime is to be held are to be observed.\n(4) Notwithstanding subclause (1), the CEO may include on the agenda of a Council or Committee\nmeeting in an appropriate place within the order of business any matter which must be decided, or\nwhich he or she considers is appropriately decided, by that meeting.\n3.3 Public question time\n(1) Procedures for public question time are dealt with in the Act and Regulations.\n(2) A member of the public who raises a question during question time is to state his or her name and\naddress.\n(3) Questions asked by members of the public are not to be accompanied by any statement reflecting\nadversely upon any member or employee.\n3.4 Petitions\n(1) A petition, in order to be effective, is to—\n(a) be addressed to the President;\n(b) be made by electors of the district;\n(c) state the request on each page of the petition;\n(d) contain the names, addresses and signatures of the electors making the request, and the date\neach elector signed;\n(e) contain a summary of the reasons for the request;\n(f) state the name of the person upon whom, and an address at which, notice to the petitioners\ncan be given;\n(g) be in the form prescribed by the Act and Local Government (Constitution) Regulations 1998 if\nit is—\n(i) a proposal to change the method of filling the office of President; or\n(ii) a submission about changes to wards, the name of a district or ward, or the number of\nCouncillors for a district or ward.\n(2) Following the presentation of a petition a member may move that the Council receive the petition,\nand refer it to an appropriate Committee for consideration.\n3.5 Confirmation of minutes\n(1) When minutes of a meeting are submitted to an ordinary meeting of the Council or Committee for\nconfirmation, if a member is dissatisfied with the accuracy of the minutes, then he or she is to—\n(a) state the item or items with which he or she is dissatisfied; and\n(b) propose a motion clearly outlining the alternative wording to amend the minutes.\n(2) Discussion of any minutes, other than discussion as to their accuracy as a record of the\nproceedings, is not permitted.\n3.6 Announcements by the Presiding Member\n(1) At any meeting of the Council or a Committee the Presiding Member may announce or raise any\nmatter of interest or relevance to the business of the Council or Committee, or propose a change to the\norder of business.\n\n2238 GOVERNMENT GAZETTE, WA 26 April 2017\n(2) Any member may move that a change in order of business proposed by the Presiding Member not\nbe accepted and if carried by a majority of members present, the proposed change in order is not to\ntake place.\n3.7 Matters for which meeting may be closed to members of the public\nFor the convenience of members of the public, the Council or Committee, may identify by decision any\nmatter on the agenda of the meeting requiring confidential consideration and that matter is to be\ndeferred for consideration as the last item of the meeting.\n3.8 Motions of which previous notice has been given\n(1) Unless the Act, Regulations or this local law otherwise provide, a member may raise at a meeting\nsuch business as he or she considers appropriate, in the form of a motion, of which notice has been\ngiven in writing to the CEO and which has been included in the agenda.\n(2) A notice of motion under subclause (1) is to be given at least 7 clear working days before the\nmeeting at which the motion is moved.\n(3) A notice of motion is to be accompanied by supporting reasons and relate to the good governance of\nthe local government.\n(4) The CEO—\n(a) with the concurrence of the President, may exclude from the agenda any notice of motion\ndeemed to be out of order or likely to involve a breach of this local law or any other written\nlaw; or\n(b) may after consultation with the member who gave notice of the motion make such\namendments to the form but not the substance thereof as will bring the notice of motion into\ndue form; and\n(c) may under his or her name provide relevant and material facts and circumstances pertaining\nto the notice of motion on such matters as policy, budget and law.\n(5) A motion of which notice has been given is to lapse unless—\n(a) the member who gave notice thereof, or some other member authorised by him or her in\nwriting, moves the motion when called on; or\n(b) the Council on a motion agrees to defer consideration of the motion to a later stage or date.\n(6) If a notice of motion is given and lapses in the circumstances referred to in subclause (5)(a), notice\nof motion in the same terms or the same effect is not to be given again for at least 3 months from the\ndate of such lapse.\n3.9 Questions by members of which due notice has been given\n(1) A question on notice is to be given by a member in writing to the CEO at least 4 clear working\ndays before the meeting at which it is raised.\n(2) If the question referred to in subclause (1) is in order, the answer is, so far as is practicable, to be\nincluded in written form in the agenda of the meeting, or otherwise tabled at that meeting.\n(3) Every question and answer is to be submitted as briefly and concisely as possible and no\ndiscussion is to be allowed thereon, unless with the consent of the Presiding Member.\n3.10 Urgent business approved by the Presiding Member or by decision\n(1) Subject to subclauses (2) and (3), in cases of extreme urgency or other special circumstance,\nmatters may, with the consent of the Presiding Member, or by decision of the members present, be\nraised without notice and decided by the meeting.\n(2) Before a matter may be raised under subclause (1) the Presiding Member or a member otherwise\nseeking to raise the matter is to state why the matter is considered to be of extreme urgency or other\nspecial circumstance.\n(3) If a member of the Council or Committee, as the case requires, objects to a matter being raised\nwithout notice, any decision of the Council or Committee in regard to that matter does not have effect\nunless it has been made by an absolute majority.\n3.11 Deputations\n(1) A deputation wishing to be received by the Council or a Committee is to apply in writing to the\nCEO who is to forward the written request to the President or the Presiding Member, as the case may\nbe.\n(2) The President, if the request is to attend a Council meeting, or the Presiding Member of the\nCommittee, if the request is to attend a meeting of a Committee, may either approve the request, in\nwhich event the CEO is to invite the deputation to attend a meeting of the Council or Committee as\nthe case may be, or may instruct the CEO to refer the request to the Council or Committee to decide\nby simple majority whether or not to receive the deputation.\n(3) A deputation invited to attend a Council or Committee meeting—\n(a) is not to exceed 3 persons, all of whom may address or respond to specific questions from the\nmembers of the Council or Committee; and\n(b) is not to address the Council or Committee for a period exceeding 15 minutes without the\nagreement of the Council or the Committee as the case requires.\n(4) Any matter which is the subject of a deputation to the Council or a Committee is not to be decided\nby the Council or that Committee until the deputation has completed its presentation.\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2239\n3.12 Attending Committee meetings as an observer\n(1) The President or a Councillor may attend any meeting of a Committee as an observer, even if the\nPresident or Councillor is not a member of that Committee.\n(2) A deputy to a member of a Committee appointed under clause 17.2 may attend a meeting of that\nCommittee as an observer, even if the deputy is not acting in the capacity of the member.\n(3) The President or Councillor in the case of subclause (1), or deputy to a member attending a\nCommittee meeting as an observer in the case of subclause (2), may, with the consent of the Presiding\nMember, speak, but cannot vote on any motion before the Committee.\nPART 4—PUBLIC ACCESS TO AGENDA MATERIAL\n4.1 Inspection entitlement\nMembers of the public have access to agenda material in the terms set out in the Regulations.\n4.2 Confidentiality of information withheld\n(1) Information withheld by the CEO from members of the public under the Regulations, is to be—\n(a) identified in the agenda of a Council or Committee meeting under the item “Matters for\nwhich meeting may be closed to members of the public”; and\n(b) marked “confidential” in the agenda; and\n(c) kept confidential by members and employees until the Council or Committee resolves\notherwise.\n(2) A member or an employee who has—\n(a) confidential information under subclause (1); or\n(b) information that is provided or disclosed for the purposes of or during a meeting, or part of a\nmeeting, that is closed to the public,\nis not to disclose such information to any person other than a member or an employee to the extent\nnecessary for the purpose of carrying out his or her duties.\n(3) Subclause (2) does not prevent a member or employee from disclosing information—\n(a) at a closed meeting;\n(b) to the extent specified by the Council and subject to such other conditions as the Council\ndetermines;\n(c) that is already in the public domain;\n(d) to an officer of the Department;\n(e) to the Minister;\n(f) to a legal practitioner for the purpose of obtaining legal advice; or\n(g) if the disclosure is required or permitted by law.\nPenalty: $1,000\n4.3 Media attendance\nMedia persons are to be permitted to attend meetings of the Council or Committees that are open to\nthe public, in such part of the Council Chamber or meeting room as may be set aside for their\naccommodation, but must withdraw during any period when the meeting is closed to the public.\n4.4 Distinguished visitors\nIf a distinguished visitor is present at a meeting of the Council or a Committee, the Presiding Member\nmay—\n(a) invite the person to sit beside the Presiding Member or at the meeting table;\n(b) acknowledge the presence of the distinguished visitor at an appropriate time during the\nmeeting; and\n(c) direct that the presence of the distinguished visitor be recorded in the minutes.\nPART 5—DISCLOSURE OF INTERESTS\n5.1 Disclosure of interests\nDisclosure of interests is dealt with in the Act.\nPART 6—QUORUM\n6.1 Quorum for meetings\nThe quorum for meetings is dealt with in the Act.\n6.2 Loss of quorum during a meeting\n(1) If at any time during the course of a meeting of the Council or a Committee a quorum is not\npresent—\n(a) in relation to a particular matter because of a member or members leaving the meeting after\ndisclosing a financial interest, the matter is adjourned until either—\n(i) a quorum is present to decide the matter; or\n\n2240 GOVERNMENT GAZETTE, WA 26 April 2017\n(ii) the Minister allows a disclosing member or members to preside at the meeting or to\nparticipate in discussions or the decision making procedures relating to the matter\nunder the Act; or\n(b) because of a member or members leaving the meeting for reasons other than disclosure of a\nfinancial interest, the Presiding Member is to suspend the proceedings of the meeting for a\nperiod of ten minutes, and if a quorum is not present at the end of that time, the meeting is\ndeemed to have been adjourned and the Presiding Member is to reschedule it to some future\ntime or date having regard to the period of notice which needs to be given under the Act,\nRegulations, or this local law when calling a meeting of that type.\n(2) Where debate on a motion is interrupted by an adjournment under subclause (1)(b)—\n(a) the debate is to be resumed at the next meeting at the point where it was so interrupted; and\n(b) in the case of a Council meeting—\n(i) the names of members who have spoken on the matter prior to the adjournment are to\nbe recorded in the minutes; and\n(ii) the provisions of clause 9.5 of this local law apply when the debate is resumed.\nPART 7—KEEPING OF MINUTES\n7.1 Content of minutes\nThe content of minutes is dealt with in the Regulations.\n7.2 Preservation of minutes\nMinutes including the agenda of each Council and Committee meeting are to be kept as a permanent\nrecord of the activities of the local government and are to be transferred to the State Records Office\nwithin the Department of Culture and the Arts, in accordance with the retention and disposal policy\ndetermined by that office from time to time.\nPART 8—CONDUCT OF PERSONS AT COUNCIL AND COMMITTEE MEETINGS\n8.1 Official titles to be used\nMembers of the Council are to speak of each other in the Council or Committee by their respective\ntitles of President or Councillor. Members of the Council, in speaking of or addressing employees, are\nto designate them by their respective official titles.\n8.2 Members to occupy own seats\n(1) At the first meeting held after each election day, the Council shall allot a position at the Council\ntable to each member.\n(2) Each member is to occupy his or her allotted position at each Council meeting.\n8.3 Leaving meetings\nDuring the course of a meeting of the Council or a Committee no member is to enter or leave the\nmeeting without first advising the Presiding Member, in order to facilitate the recording in the\nminutes of the time of entry or departure.\n8.4 Adverse reflection\nNo member of the Council or a Committee is to use offensive or objectionable expressions in reference\nto any member, employee of the Council, or any other person.\nPenalty: $1,000\n8.5 Recording of proceedings\n(1) No person is to use any electronic, visual or audio recording device or instrument to record the\nproceedings of the Council or a Committee without the written permission of the Council.\n(2) If the Council gives permission under subclause (1), the Presiding Member is to advise the\nmeeting, immediately before the recording is commenced, that such permission has been given and\nthe nature and extent of that permission.\n(3) If a member of the Council or Committee specifically requests, immediately after their use, that\nany particular words used by a member be recorded in the minutes, the Presiding Member is to cause\nthe words used to be taken down and read to the meeting for verification and to then be recorded in\nthe minutes.\n8.6 Prevention of disturbance\n(1) Any member of the public addressing the Council or a Committee is to extend due courtesy and\nrespect to the Council or Committee and the processes under which they operate and must take\ndirection from the Presiding Member whenever called upon to do so.\nPenalty: $1,000\n(2) No person observing a meeting, is to create a disturbance at a meeting, by interrupting or\ninterfering with the proceedings, whether by expressing approval or dissent, by conversing or by any\nother means.\nPenalty: $1,000\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2241\n8.7 Protection of employees\n(1) For the purpose of this clause, complaint means any expression of censure or dissatisfaction\nraised with the object, whether expressed or implied, of having remedial or disciplinary action taken\nagainst the employee concerned.\n(2) If at a meeting of the Council or a Committee, a complaint is received from a member of the\nCouncil or any other person about the ability, character or integrity of any employee or of any act or\nomission of an employee, and the person making the complaint has provided or is prepared to provide\ndetails of the complaint in writing and sign the complaint, the Council or Committee may—\n(a) if the complaint is about the CEO, direct the signed written complaint to the President who is\nto refer the complaint to the Committee deemed most appropriate by the President to\ninvestigate and report upon the matter; or\n(b) if the complaint is about any other employee, refer the signed written complaint to the CEO,\nwho is to investigate the matter and report any action taken by him or her to the Council or\nCommittee.\n(3) Where a complaint is received by the Council or a Committee and becomes the subject of an\ninvestigation and report under subclause (2), the employee about whom the complaint is made, is to\nbe given the opportunity to answer the complaint in writing.\nPART 9—CONDUCT OF MEMBERS DURING DEBATE\n9.1 Members to rise\nEvery member of the Council wishing to speak is to indicate by show of hands or other method agreed\nupon by the Council. When invited by the Presiding Member to speak, members may rise and address\nthe Council through the Presiding Member.\n9.2 Priority\nIn the event of 2 or more members of the Council or a Committee wishing to speak at the same time,\nthe Presiding Member is to decide which member is entitled to be heard first. The decision is not open\nto discussion or dissent.\n9.3 The Presiding Member to take part in debates\nUnless otherwise prohibited by the Act, and subject to compliance with procedures for the debate of\nmotions contained in this local law, the Presiding Member may take part in a discussion of any\nmatter before the Council or Committee as the case may be.\n9.4 Relevance\nEvery member of the Council or a Committee is to restrict his or her remarks to the motion or\namendment under discussion, or to a personal explanation or point of order.\n9.5 Limitation on number of speeches\nNo member of the Council is to address the Council more than once, on any motion or amendment\nbefore the Council, unless they are the mover of a substantive motion in reply, raising a point of order\nor making a personal explanation.\n9.6 Duration of speeches\nAll addresses are to be limited to a maximum of 5 minutes. Extension of time is permissible only with\nthe agreement of a simple majority of members present, which is to be given without debate.\n9.7 Members not to speak after conclusion of debate\nNo member of the Council or a Committee is to speak to any question after it has been put by the\nPresiding Member.\n9.8 Members not to interrupt\nNo member of the Council or a Committee is to interrupt another member of the Council or\nCommittee whilst speaking unless—\n(a) to raise a point of order;\n(b) to call attention to the absence of a quorum;\n(c) to make a personal explanation under clause 10.17; or\n(d) to move a motion under clause 11.1(e).\n9.9 Re-opening discussion on decisions\nNo member of the Council or a Committee is to re-open discussion on any decision of the Council or\nCommittee, except for the purpose of moving that the decision be revoked or changed.\nPART 10—PROCEDURES FOR DEBATE OF MOTIONS\n10.1 Permissible motions on report recommendations\nA recommendation contained in a report to Council may be adopted without amendment or\nmodification, failing which, it may be—\n(a) rejected by the Council and replaced by an alternative decision; or\n(b) amended or modified, and adopted with such amendment or modification; or\n(c) referred back to a Committee or Council for further consideration.\n\n2242 GOVERNMENT GAZETTE, WA 26 April 2017\n10.2 Motions to be stated\nAny member of the Council or a Committee who moves a substantive motion or amendment to a\nsubstantive motion is to state the substance of the motion before speaking to it.\n10.3 Motions to be supported\nNo motion or amendment to a substantive motion is open to debate until it has been seconded, or, in\nthe case of a motion to revoke or change the decision made at a Council or a Committee meeting,\nunless the motion has the support required under the Regulations.\n10.4 Unopposed business\n(1) Upon a motion being moved and seconded, the Presiding Member may ask the meeting if any\nmember opposes it.\n(2) If no member signifies opposition to the motion the Presiding Member may declare the motion in\nsubclause (1) carried without debate and without taking a vote on it.\n(3) A motion carried under subclause (2) is to be recorded in the minutes as a unanimous decision of\nthe Council or Committee.\n(4) If a member signifies opposition to a motion, the motion is to be dealt with according to this Part.\n(5) This clause does not apply to any motion or decision to revoke or change a decision which has been\nmade at a Council or Committee meeting.\n10.5 Only one substantive motion considered\nWhen a substantive motion is under debate at any meeting of the Council or a Committee, no further\nsubstantive motion is to be accepted.\n10.6 Breaking down of complex questions\nThe Presiding Member may order a complex question to be broken down and put in the form of\nseveral motions, which are to be put in sequence.\n10.7 Order of call in debate\nThe Presiding Member is to call speakers to a substantive motion in the following order—\n(a) the mover to state the motion;\n(b) a seconder to the motion;\n(c) the mover to speak to the motion;\n(d) the seconder to speak to the motion;\n(e) a speaker against the motion;\n(f) a speaker for the motion;\n(g) other speakers against and for the motion, alternating in view, if any; and\n(h) mover takes right of reply, which closes debate.\n10.8 Limit of debate\nThe Presiding Member may offer the right of reply and put the motion to the vote if he or she believes\nsufficient discussion has taken place, even though all members may not have spoken.\n10.9 Member may require questions to be read\nAny member may require the question or matter under discussion to be read at any time during a\ndebate, but not so as to interrupt any other member whilst speaking.\n10.10 Consent of seconder required to accept alteration of wording\nThe mover of a substantive motion may not alter the wording of the motion without the consent of the\nseconder.\n10.11 Order of amendments\nAny number of amendments may be proposed to a motion, but when an amendment is moved to a\nsubstantive motion, no second or subsequent amendment is to be moved or considered until the first\namendment has been withdrawn or lost.\n10.12 Amendments must not negate original motion\nNo amendment to a motion can be moved which negates the original motion or the intent of the\noriginal motion.\n10.13 Mover of motion may speak on amendment\nAny member may speak during debate on an amendment.\n10.14 Substantive motion\nIf an amendment to a substantive motion is carried, the motion as amended then becomes the\nsubstantive motion, on which any member may speak and any further amendment may be moved,\nsubject to clause 10.12.\n10.15 Withdrawal of motion or amendments\nCouncil or a Committee may, without debate, grant leave to withdraw a motion or amendment upon\nrequest of the mover of the motion or amendment, and with the approval of the seconder, provided\nthat there is no voice expressed to the contrary view by any member, in which case discussion on the\nmotion or amendment is to continue.\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2243\n10.16 Limitation of withdrawal\nWhere an amendment has been proposed to a substantive motion, the substantive motion is not to be\nwithdrawn, except by consent of the majority of members present, until the amendment proposed has\nbeen withdrawn or lost.\n10.17 Personal explanation\nNo member is to speak at any meeting of the Council or a Committee, except upon the matter before\nthe Council or Committee, unless it is to make a personal explanation. Any member of the Council or\nCommittee who is permitted to speak under these circumstances is to confine the observations to a\nsuccinct statement relating to a specific part of the former speech which may have been\nmisunderstood. When a member of the Council or Committee rises to explain, no reference is to be\nmade to matters unnecessary for that purpose.\n10.18 Personal explanation—when heard\nA member of the Council or a Committee wishing to make a personal explanation of matters referred\nto by any member of the Council or Committee then speaking, is entitled to be heard immediately, if\nthe member of the Council or Committee then speaking consents at the time, but if the member of the\nCouncil or Committee who is speaking declines to give way, the explanation is to be offered at the\nconclusion of that speech.\n10.19 Ruling on questions of personal explanation\nThe ruling of the Presiding Member on the admissibility of a personal explanation is final unless a\nmotion of dissent with the ruling is moved before any other business proceeds.\n10.20 Right of reply\n(1) The mover of a substantive motion has the right of reply. After the mover of the substantive\nmotion has commenced the reply, no other member is to speak on the question.\n(2) The right of reply is to be confined to rebutting arguments raised by previous speakers and no new\nmatter is to be introduced.\n10.21 Right of reply provisions\nThe right of reply is governed by the following provisions—\n(a) if no amendment is moved to the substantive motion, the mover may reply at the conclusion\nof the discussion on the motion;\n(b) if an amendment is moved to the substantive motion, the mover of the substantive motion is\nto take the right of reply, subject to clause 10.12, at the conclusion of the vote on any\namendments;\n(c) the mover of any amendment does not have a right of reply; and\n(d) once the right of reply has been taken, there can be no further discussion, nor any other\namendment, and the original motion or the original motion as amended is immediately put to\nthe vote.\nPART 11—PROCEDURAL MOTIONS\n11.1 Permissible procedural motions\nIn addition to proposing a properly worded amendment to a substantive motion, it is permissible for a\nmember to move the following procedural motions—\n(a) that the Council or Committee proceed to the next business;\n(b) that the question be adjourned;\n(c) that the Council or Committee now adjourn;\n(d) that the question be now put;\n(e) that the member be no longer heard;\n(f) that the ruling of the Presiding Member be disagreed with; and\n(g) that the Council or Committee meet behind closed doors, if the meeting or part of the meeting\nto which the motion relates is a matter in respect of which the meeting may be closed to\nmembers of the public under the Act.\n11.2 No debate on procedural motions\n(1) The mover of a motion stated in each of subclauses (a), (b), (c), (f) and (g) of clause 11.1 may speak\nto the motion for not more than 5 minutes, the seconder is not to speak other than to formally second\nthe motion, and there is to be no debate on the motion.\n(2) The mover of a motion stated in each of subclauses (d) and (e) of clause 11.1 may not speak to the\nmotion, the seconder is not to speak other than to formally second the motion, and there is to be no\ndebate on the motion.\n11.3 Procedural motions—closing debate—who may move\nNo person who has moved, seconded, or spoken for or against the substantive motion, or any\namendment, may move any procedural motion which, if carried, would close the debate on the\nsubstantive motion or amendment.\n\n2244 GOVERNMENT GAZETTE, WA 26 April 2017\n11.4 Procedural motions—right of reply on substantive motion\nThe carrying of a procedural motion which closes debate on the substantive motion or amendment,\nand forces a decision on the substantive motion or amendment, does not deny the right of reply to the\nmover of the substantive motion.\nPART 12—EFFECT OF PROCEDURAL MOTIONS\n12.1 Council or Committee to proceed to the next business—effect of motion\nThe motion in clause 11.1(a), if carried, causes the debate to cease immediately and for the Council or\nCommittee to move to the next business of the meeting. No decision will be made on the substantive\nmotion being discussed, nor is there any requirement for the matter to be again raised for\nconsideration.\n12.2 Question to be adjourned—effect of motion\n(1) The motion in clause 11.1(b), if carried, causes all debate on the substantive motion or amendment\nto cease but to continue at a time stated in the motion.\n(2) If the motion is carried at a meeting of the Council—\n(a) the names of members who have spoken on the matter are to be recorded in the minutes; and\n(b) the provisions of clause 9.5 apply when the debate is resumed.\n12.3 Council or Committee to now adjourn—effect of motion\n(1) The motion in clause 11.1(c), if carried, causes the meeting to stand adjourned until it is re-opened,\nat which time the meeting continues from the point at which it was adjourned, unless the Presiding\nMember or a simple majority of members upon vote determine otherwise.\n(2) Where debate on a motion is interrupted by an adjournment under subclause (1)—\n(a) the debate is to be resumed at the next meeting at the point where it was so interrupted; and\n(b) in the case of a Council meeting—\n(i) the names of members who have spoken on the matter prior to the adjournment are to\nbe recorded in the minutes; and\n(ii) the provisions of clause 9.5 apply when the debate is resumed.\n12.4 Question to be put—effect of motion\n(1) The motion in clause 11.1(d), if carried during discussion of a substantive motion without\namendment, causes the Presiding Member to offer the right of reply and then immediately put the\nmatter under consideration without further debate.\n(2) The motion in clause 11.1(d), if carried during discussion of an amendment, causes the Presiding\nMember to put the amendment to the vote without further debate.\n(3) The motion in clause 11.1(d), if lost, causes debate to continue.\n12.5 Member to be no longer heard—effect of motion\nThe motion in clause 11.1(e), if carried, causes the Presiding Member to not allow the speaker against\nwhom the motion has been moved to speak to the current substantive motion or any amendment\nrelating to it, except to exercise the right of reply if the person is the mover of the substantive motion.\n12.6 Ruling of the Presiding Member disagreed with—effect of motion\nThe motion in clause 11.1(f), if carried, causes the ruling of the Presiding Member about which this\nmotion was moved, to have no effect and for the meeting to proceed accordingly.\n12.7 Council or Committee to meet behind closed doors—effect of motion\n(1) Subject to any deferral under clause 3.7 or other decision of the Council or Committee, this motion,\nif carried, causes the general public and any officer or employee the Council or Committee\ndetermines, to leave the room.\n(2) While a decision made under this clause is in force the operation of clause 9.5, limiting the number\nof speeches a member of the Council may make, is suspended unless the Council decides otherwise.\n(3) Upon the public again being admitted to the meeting, the Presiding Member, unless the Council or\nCommittee decides otherwise, is to cause the motions passed by the Council or Committee whilst it\nwas proceeding behind closed doors to be read out including the vote of a member or members to be\nrecorded in the minutes in accordance with the Act.\n(4) A person who is a Council member, a Committee member, or an employee is not to publish, or\nmake public any of the discussion taking place on a matter discussed behind closed doors, but this\nprohibition does not extend to the actual decision made as a result of such discussion and other\ninformation properly recorded in the minutes.\nPenalty: $1,000\nPART 13—MAKING DECISIONS\n13.1 Question—when put\nWhen the debate upon any question is concluded and the right of reply has been exercised the\nPresiding Member shall immediately put the question to the Council or the Committee, and, if so\ndesired by any member of the Council or Committee, shall again state it.\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2245\n13.2 Question—method of putting\nIf a decision of the Council or a Committee is unclear or in doubt, the Presiding Member shall put the\nmotion or amendment as often as necessary to determine the decision from a show of hands or other\nmethod agreed upon so that no voter’s vote is secret, before declaring the decision.\nPART 14—IMPLEMENTING DECISIONS\n14.1 Implementation of a decision\n(1) If a notice of motion to revoke or change a decision of the Council or a Committee is received before\nany action has been taken to implement that decision, then no steps are to be taken to implement or\ngive effect to that decision until such time as the motion of revocation or change has been dealt with,\nexcept that—\n(a) if a notice of motion to revoke or change a decision of the Council or a Committee is given\nduring the same meeting at which the decision was made, the notice of motion is of no effect\nunless the number of members required to support the motion under the Regulations indicate\ntheir support for the notice of motion at that meeting; and\n(b) if a notice of motion to revoke or change a decision of the Council or a Committee is received\nafter the closure of the meeting at which the decision was made, implementation of the\ndecision is not to be withheld unless the notice of motion has the support in writing, of the\nnumber of members required to support, the motion under the Regulations.\n(2) Implementation of a decision is only to be withheld under subclause (1) if the effect of the change\nproposed in a notice of motion would be that the decision would be revoked or would become\nsubstantially different.\n(3) The Council or a Committee shall not vote on a motion to revoke or change a decision of the\nCouncil or Committee, whether the motion of revocation or change is moved with or without notice, if\nat the time the motion is moved or notice is given—\n(a) action has been taken to implement the decision; or\n(b) where the decision concerns the issue of an approval or the authorisation of a licence, permit\nor certificate, and where that approval or authorisation of a licence, permit or certificate has\nbeen put into effect by the Council in writing to the applicant or the applicant’s agent by an\nemployee of the Council authorised to do so;\nwithout having considered a statement of impact prepared by or at the direction of the CEO of the\nlegal and financial consequences of the proposed revocation or change.\nPART 15—PRESERVING ORDER\n15.1 The Presiding Member to preserve order\nThe Presiding Member is to preserve order, and may call any member or other person in attendance\nto order, whenever, in his or her opinion, there is cause for so doing.\n15.2 Demand for withdrawal\nA member at a meeting of the Council or a Committee may be required by the Presiding Member, or\nby a decision of the Council or Committee, to apologise and unreservedly withdraw any expression\nwhich is considered to reflect offensively on another member or an employee, and if the member\ndeclines or neglects to do so, the Presiding Member may refuse to hear the member further upon the\nmatter then under discussion and call upon the next speaker.\n15.3 Points of order—when to raise—procedure\n(1) Upon a matter of order arising during the progress of a debate, any member may raise a point of\norder including interrupting the speaker.\n(2) Any member, who is speaking when a point of order is raised, is to immediately stop speaking and\nbe seated while the Presiding Member listens to the point of order.\n(3) A member raising a point of order is to specify one of the grounds of the breach of order before\nspeaking further on the matter.\n(4) A member who is expressing a difference of opinion or contradicting a speaker is not to be taken as\nraising a point of order.\n15.4 Points of order—when valid\nThe following are to be recognised as valid points of order—\n(a) that the discussion is of a matter not before the Council or Committee;\n(b) that offensive or insulting language is being used; and\n(c) drawing attention to the violation of any written law, or policy of the local government,\nprovided that the member making the point of order states the written law or policy believed\nto be breached.\n15.5 Points of order—ruling\n(1) The Presiding Member is to give a decision on any point of order which is raised by either\nupholding or rejecting the point of order.\n\n2246 GOVERNMENT GAZETTE, WA 26 April 2017\n(2) If a member persists in any conduct that the Presiding Member had ruled out of order under this\nclause, the Presiding Member may direct the member to refrain from taking part in the debate of that\nitem, other than by voting, and the member must comply with that direction.\nPenalty: $1,000\n15.6 Points of order—ruling conclusive, unless dissent motion is moved\nThe ruling of the Presiding Member upon any question of order is final, unless a majority of the\nmembers support a motion of dissent with the ruling.\n15.7 Points of order take precedence\nNotwithstanding anything contained in this local law to the contrary, all points of order take\nprecedence over any other discussion and until decided, suspend the consideration and decision of\nevery other matter.\n15.8 Precedence of Presiding Member\n(1) When the Presiding Member rises during the progress of a debate, any member of the Council or\nCommittee then speaking, or offering to speak, is to immediately sit down and every member of the\nCouncil or Committee present shall preserve strict silence so that the Presiding Member may be\nheard without interruption.\nPenalty: $500\n(2) Subclause (1) is not to be used by the Presiding Member to exercise the right provided in\nclause 9.3, but to preserve order.\n15.9 Right of the Presiding Member to adjourn without explanation to regain order\n(1) If a meeting ceases to operate in an orderly manner, the Presiding Member may use discretion to\nadjourn the meeting for a period of up to 15 minutes without explanation, for the purpose of regaining\norder;\n(2) Upon resumption, debate is to continue at the point at which the meeting was adjourned;\n(3) If, at any one meeting, the Presiding Member has cause to further adjourn the meeting, such\nadjournment may be to a later time on the same day or to any other day; and\n(4) Where debate of a motion is interrupted by an adjournment under subclause (1), in the case of a\nCouncil meeting—\n(i) the names of members who have spoken in the matter prior to the adjournment are to be\nrecorded; and\n(ii) the provisions of clause 9.5 apply when the debate is resumed.\nPART 16—ADJOURNMENT OF MEETING\n16.1 Meeting may be adjourned\nThe Council or a Committee may decide to adjourn any meeting to a later time on the same day, or to\nany other day.\n16.2 Limit to moving adjournment\nNo member is to move or second more than one motion of adjournment during the same sitting of the\nCouncil or a Committee.\n16.3 Unopposed business—motion for adjournment\nOn a motion for the adjournment of the Council or Committee, the Presiding Member, before putting\nthe motion, may seek leave of the Council or Committee to proceed to the transaction of unopposed\nbusiness.\n16.4 Withdrawal of motion for adjournment\nA motion or an amendment relating to the adjournment of the Council or a Committee may be\nwithdrawn by the mover, with the consent of the seconder, except that if any member objects to the\nwithdrawal, debate of the motion is to continue.\n16.5 Time to which adjourned\nThe time to which a meeting is adjourned for want of a quorum, by the Presiding Member to regain\norder, or by decision of the Council, may be to a specified hour on a particular day or to a time which\ncoincides with the conclusion of another meeting or event on a particular day.\nPART 17—COMMITTEES OF THE COUNCIL\n17.1 Establishment and appointment of Committees\nA Committee is not to be established except on a motion setting out the proposed functions of the\nCommittee and either—\n(a) the names of the Council members, employees and other persons to be appointed to the\nCommittee; or\n(b) the number of Council members, employees and other persons to be appointed to the\nCommittee and a provision that they be appointed by a separate motion.\n\n26 April 2017 GOVERNMENT GAZETTE, WA 2247\n17.2 Appointment of deputy Committee members\n(1) The Council may appoint one or more persons to be the deputy or deputies, as the case may be, to\nact on behalf of a member of a Committee whenever that member is unable to be present at a meeting\nthereof, and where 2 or more deputies are so appointed they are to have seniority in the order\ndetermined by the Council.\n(2) Where a member of a Committee does not attend a meeting thereof, a deputy of that member,\nselected according to seniority, is entitled to attend that meeting in place of the member and act for\nthe member, and while so acting has all the powers of that member.\n17.3 Presentation of Committee reports\nWhen the report or recommendations of a Committee are placed before the Council, the adoption of\nrecommendations of the Committee is to be moved by—\n(a) the Presiding Member of the Committee, if the Presiding Member is a Council Member and is\nin attendance; or\n(b) a Council member who is a member of the Committee, if the Presiding Member of the\nCommittee is not a Council member, or is absent; or\n(c) otherwise, by a Council member who is not a member of the Committee.\n17.4 Reports of Committees—questions\nSubject to clause 10.1, when a recommendation of any Committee is submitted for adoption by the\nCouncil, any member of the Council may direct questions directly relating to the recommendations\nthrough the Presiding Member to the Presiding Member or to any member of the Committee in\nattendance.\n17.5 This local law applies to Committees\nWhere not otherwise specifically provided, this local law applies generally to the proceedings of\nCommittees, except that the following do not apply to the meeting of a Committee—\n(a) clause 8.2, in regard to seating;\n(b) clause 9.1, in respect of the requirement to rise; and\n(c) clause 9.5, limitation on the number of speeches.\nPART 18—ADMINISTRATIVE MATTERS\n18.1 Suspension of this local law\n(1) The Council or a Committee may decide, by simple majority vote, to suspend temporarily one or\nmore clauses of this local law.\n(2) The mover of a motion to suspend temporarily any one or more clauses of this local law is to state\nthe clause or clauses to be suspended, and the purpose of the suspension.\n18.2 Cases not provided for in this local law\nThe Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where\nthis local law and the Act and Regulations are silent. The decision of the Presiding Member in these\ncases is final, except where a motion is moved and carried under clause 11.1(f).\nPART 19—COMMON SEAL\n19.1 Common seal\n(1) The CEO is to have charge of the common seal of the local government, and is responsible for the\nsafe custody and proper use of it.\n(2) The common seal of the local government may only be used on the authority of the Council given\neither generally or specifically and every document to which the seal is affixed must be signed by—\n(a) the President and the CEO or an appropriate officer authorised;\n(b) the Deputy President and the CEO or an appropriate officer authorised; or\n(c) the CEO and an appropriate officer authorised.\n(3) The common seal of the local government is to be affixed to any local law which is made by the\nlocal government.\n(4) The CEO is to record in a register each date on which the common seal of the local government\nwas affixed to a document, the nature of the document, and the parties to any agreement to which the\ncommon seal was affixed.\n(5) Any person who uses the common seal of the local government or a replica thereof without\nauthority commits an offence.\nPART 20—ENFORCEMENT\n20.1 Penalty for breach\nA person who breaches a provision of this local law commits an offence.\nPenalty: $1,000 and a daily penalty of $100\n\n2248 GOVERNMENT GAZETTE, WA 26 April 2017\n20.2 Who can prosecute\nWho can prosecute is dealt with in the Act.\n————\nDated 5 April 2017.\nThe Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in\nthe presence of—\nCr KEN HOOPER, President.\nGREG POWELL, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Standing Orders Local Law 2017 represents a significant expansion beyond simple amendments. While the other five instruments are amendments to existing 2002 laws, the Standing Orders Local Law is a comprehensive new 20-part code governing council meeting procedures. It introduces extensive new procedural requirements, penalties for breaches of meeting conduct ($1,000 fines), and detailed rules for debate, motions, and confidentiality that did not exist in the previous 2002 version. This represents a substantial increase in regulatory scope for meeting governance."},"complexity_factors":["Multiple distinct local laws bundled together (6 separate instruments)","Heavy cross-referencing to external legislation (Local Government Act 1995, Bush Fires Act 1954, Cemeteries Act 1986, Biodiversity Conservation Act 2016, etc.)","Numerous defined terms across different instruments (approximately 40+ definitions total)","Nested conditional logic in Standing Orders (e.g., clause 10.21 governing right of reply depending on whether amendments are moved)","Amendment structure requires reading alongside principal local laws from 2002 to understand full effect","Detailed procedural rules in Standing Orders with multiple exceptions (e.g., Part 17 specifying which clauses don't apply to Committees)","Specific measurement requirements (e.g., 750mm burial depth, 6 metres from intersection, 1500mm fence height)","Temporal conditions (e.g., burning prohibited between 31 August and 1 May, 12-month exhumation waiting period)"],"plain_english_summary":"A package of five 2017 local law amendments (plus a new Standing Orders law) updates Merredin’s 2002 rules to modernise language and statute references, tighten safety and operational standards (fires, pools, cemeteries, fencing, trading on public places), clarify volunteer fire brigade command and meeting procedures, and simplify penalties and administration. It affects residents, businesses, visitors, volunteer firefighters, cemetery users, property owners and council meeting participants — improving safety, clarity and transparent local governance."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The amendments materially change the scope of the existing local laws. Examples: Activities on Thoroughfares broadens and redefines offences and materials (Sched.1 and Sched.2) and replaces burning rules (cl.5.16); Local Government Property replaces pool admission rules and adds gender‑specific change‑room entry restrictions (cl.5.1, cl.5.3) and consolidates prescribed offences/penalties (cl.10.4); Cemeteries narrows or tightens access and exhumation controls and changes infringement procedure and penalty levels (cls.6.1–6.4, 9.2) while deleting prior schedules; Fencing adds a general approval discretion to depart from “sufficient fence” rules (cl.10) and Standing Orders are repealed and replaced, changing meeting procedures and enforcement (Part 20). These are concrete scope changes to permissions, penalties and administrative discretion compared with the principal local laws."},"complexity_factors":["Multiple separate principal local laws amended in one instrument (Activities on Thoroughfares and Public Places and Trading; Bush Fire Brigades; Cemeteries; Fencing; Local Government Property; Standing Orders) — increases cross‑referencing and cumulative impact.","Frequent deletions and replacements of whole clauses, parts and schedules (e.g. Local Government Property clause 5.1 replaced; Cemeteries Parts and Schedules deleted) — requires comparing old and new text to establish net effect.","New and revised definitions referencing other statutes and codes (e.g. Biodiversity Conservation Act 2016 in Activities clause 5.1; Code for aquatic facilities in Local Government Property clause 1.2) — adds inter‑legislative dependencies.","Changes to enforcement and penalty structures across instruments (Activities Schedule 1 sets varied modified penalties; Local Government Property clause 10.4 sets $150; Cemeteries clause 9.2 sets $50) — complicates compliance cost calculations.","Introduction of operational rules with discretionary enforcement (e.g. pool admission and removal powers in Local Government Property clause 5.1; CEO/authorized person approvals in Cemeteries clauses 6.1–6.4) — increases administrative discretion.","Procedural and governance changes (complete repeal/replacement of Standing Orders; Fencing clause 10 adds local government discretion) — affects internal decision‑making and appeals pathways.","Technical standards and materials regulation (Activities Schedule 2 Acceptable Materials; Fencing references to AS/NZS standards) — imposes technical compliance obligations on private actors."],"plain_english_summary":"This package amends five Shire of Merredin local laws—on activities on thoroughfares and trading, bush fire brigades, cemeteries, fencing, and local government property—and replaces standing orders. It updates definitions, changes permit and enforcement rules, alters penalties, and inserts operational controls (for example, pool admission and gender‑specific change‑room entries). Residents, traders, permit‑holders, volunteer brigades and council officers face changed compliance obligations, new administrative discretions and adjusted enforcement risks that affect day‑to‑day permissions and council procedures."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-property-amendment-local-law-2017","history":"/api/acts/local-government-property-amendment-local-law-2017/history","analysis":"/api/acts/local-government-property-amendment-local-law-2017/analysis","conflicts":"/api/acts/local-government-property-amendment-local-law-2017/conflicts","importantCases":"/api/acts/local-government-property-amendment-local-law-2017/important-cases","documents":"/api/acts/local-government-property-amendment-local-law-2017/documents"}}