{"id":"wa-local:mandurah-city-of-local-government-property-and-public-places-local-law-2016","name":"Local Government Property and Public Places Local Law 2016","slug":"local-government-property-and-public-places-local-law-2016","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438431,"registerId":"wa-local:mandurah-city-of-local-government-property-and-public-places-local-law-2016-pdf-1775954867596","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"26","sectionType":"section","heading":"May 2017 GOVERNMENT GAZETTE, WA 2661","content":"26 May 2017 GOVERNMENT GAZETTE, WA 2661\nLOCAL GOVERNMENT PROPERTY AND\nPUBLIC PLACES LOCAL LAW 2016\nTABLE OF CONTENTS\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Definitions\n1.6 Transitional\n1.7 Application as to assistance animals\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY","content":"PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Determinations","content":"Division 1—Determinations\n2.1 Determinations as to use of local government property\n2.2 Procedure for making a determination\n2.3 Discretion to erect a sign\n2.4 Determination to be complied with\n2.5 Register of determinations\n2.6 Amendment or revocation of a determination\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Activities which may be pursued or prohibited on specified local government","content":"Division 2—Activities which may be pursued or prohibited on specified local government\nproperty as a result of a determination\n2.7 Activities which may be pursued on specified local government property\n2.8 Activities which may be prohibited on specified local government property\nDivision 3—Transitional\n2.9 Existing signs to have effect as a determination\nPART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY\nDivision 1—When a permit is required\n3.1 Activities needing a permit—general\n3.2 Possession and/or consumption of liquor\nDivision 2—Hiring local government property\n3.3 Application for a permit to hire local government property\n3.4 Decision on application where 2 or more applicants\n3.5 Responsibilities of a permit holder\n3.6 Conditions on use and hire\nDivision 3—Camping on local government property\n3.7 Camping on local government property\nPART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and interference with local government property\n4.1 Behaviour which interferes with others\n4.2 Behaviour detrimental to property\n\n","sortOrder":4},{"sectionNumber":"2662","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2662 GOVERNMENT GAZETTE, WA 26 May 2017\n4.3 Taking or injuring any fauna\n4.4 Drunk persons not to enter local government property\n4.5 No prohibited drugs\n4.6 No smoking\n4.7 Appropriate behaviour and adequate clothing\n4.8 Entry to local government property\n4.9 Refusal of entry to local government property\nDivision 2—Signs\n4.10 Signs\nPART 5—SPECIFIC MATTERS RELATING TO TYPES OF LOCAL GOVERNMENT\nPROPERTY\nDivision 1—Public swimming pools and other recreation facilities\n5.1 General prohibitions\n5.2 Use of all or part of a public swimming pool or recreation facility\n5.3 When entry and use may be refused\n5.4 Suspension of admission\n5.5 Carnivals\nDivision 2—Beaches and foreshore areas\n5.6 General prohibitions\n5.7 Compliance with signs and directions\n5.8 Use of off-road vehicles on beaches and foreshore areas\n5.9 Surf lifesaving activities and identification of surf lifesaving patrol\n5.10 Fishing\n5.11 Boat launching\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Fenced or closed property","content":"Division 3—Fenced or closed property\n5.12 No entry to fenced or closed local government property\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Toilet blocks and change rooms","content":"Division 4—Toilet blocks and change rooms\n5.13 Only specified gender to use entry of toilet block or change room\n5.14 Hire of lockers\n5.15 Use of showers\n5.16 No use of camera devices in toilet blocks or change rooms\nDivision 5—Major Event Locations\n5.17 Behaviour on major event locations\nPART 6—FEES FOR ENTRY ONTO LOCAL GOVERNMENT PROPERTY\n6.1 Payment of applicable fees for entry or participation\nPART 7—ACTIVITIES IN PUBLIC PLACES\nDivision 1—General\n7.1 General prohibitions\n7.2 Activities requiring a permit\n7.3 Obstructions\nDivision 2—Vehicle crossings\n7.4 Temporary crossing\n7.5 Removal of a redundant crossing\nDivision 3—Verge treatments\n7.6 Interpretation\n7.7 Permissible verge treatments\n7.8 Powers to carry out public works on verges\n7.9 Transitional\nDivision 4—Property numbers\n7.10 Assignment of street numbering\n7.11 Street number to be displayed\n7.12 Location of number not to be misleading\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2663\nDivision 5—Fencing\n7.13 Public place—clause 4(1) of Division 1, Schedule 3.1 of the Act\nDivision 6—Signs erected by the local government\n7.14 Signs\n7.15 Transitional\n","sortOrder":7},{"sectionNumber":"Part 8","sectionType":"part","heading":"ADVERTISING DEVICES ON OR IN LOCAL GOVERNMENT PROPERTY OR","content":"PART 8—ADVERTISING DEVICES ON OR IN LOCAL GOVERNMENT PROPERTY OR\nPUBLIC PLACES\n8.1 Relationship with planning scheme\n8.2 General prohibitions\n8.3 Public interest signage\n8.4 Home open signs, display home signs and garage sale signs\n8.5 Other Portable Signs\n8.6 Seafood signage\n8.7 Election advertising\n8.8 Notification regarding removal and impounding of advertising signs\n8.9 Advertising sign to be marked\n8.10 Person or business taken to own advertising sign\n8.11 Insurance\n","sortOrder":8},{"sectionNumber":"Part 9","sectionType":"part","heading":"OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS ON OR IN","content":"PART 9—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS ON OR IN\nLOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES\nDivision 1—Animals\n9.1 Leaving an animal on local government property or in a public place\n9.2 Prohibitions relating to animals\n9.3 Removal of animals\nDivision 2—Vehicles\n9.4 Leaving a vehicle in a public place\nDivision 3—Shopping trolleys\n9.5 Shopping trolley to be marked\n9.6 Person not to leave shopping trolley in a public place\n9.7 Abandoned shopping trolley\n9.8 Retailer taken to own shopping trolley\n9.9 Shopping trolley to be removed by retailer\n9.10 Impounding of abandoned shopping trolley\n9.11 Retailer to be notified\n","sortOrder":9},{"sectionNumber":"Part 10","sectionType":"part","heading":"TRADING IN PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY","content":"PART 10—TRADING IN PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY\nDivision 1—Traders and street markets\n10.1 Restrictions and requirement to obtain a permit\n10.2 Exemptions from requirement to pay a fee\n10.3 Insurance\n10.4 When a permit is required for a street market\nDivision 2—Street entertainers\n10.5 When a permit is required\n10.6 Variation of permitted area and permitted time\n10.7 Duration of a permit for street entertaining\n10.8 Cancellation of a permit for street entertaining\n10.9 Obligations of a permit for street entertaining\n","sortOrder":10},{"sectionNumber":"Part 11","sectionType":"part","heading":"ALFRESCO DINING ON OR IN LOCAL GOVERNMENT PROPERTY OR PUBLIC","content":"PART 11—ALFRESCO DINING ON OR IN LOCAL GOVERNMENT PROPERTY OR PUBLIC\nPLACES\n11.1 Permit required for alfresco dining area\n11.2 Matters to be considered in determining an application\n11.3 Obligations of a permit holder for an alfresco dining area\n11.4 Conditions on an alfresco dining area\n11.5 No smoking areas\n11.6 Removal of an unlawfully conducted alfresco dining area\n11.7 Temporary removal of an alfresco dining area\n11.8 Change of ownership of an alfresco dining area\n11.9 Terms and validity of an alfresco dining permit\n\n2664 GOVERNMENT GAZETTE, WA 26 May 2017\nPART 12—PERMITS\nDivision 1—Applying for a permit\n12.1 Application for a permit\n12.2 Decision on application for permit\n12.3 Relevant considerations in determining application for granting a permit\nDivision 2—Conditions on a permit\n12.4 Examples of conditions\n12.5 Compliance with and variations to terms and conditions\nDivision 3—General\n12.6 Duration of permit\n12.7 Renewal of permit\n12.8 Transfer of permit\n12.9 Production of permit\n12.10 Cancellation or suspension of permit\n12.11 Nominee of permit holder\nPART 13—OBJECTIONS AND APPEALS\n13.1 Objection and appeal rights\nPART 14—MISCELLANEOUS\nDivision 1—Authorised person\n14.1 Authorised person to be obeyed\n14.2 Persons may be directed to leave local government property or a public place\nDivision 2—Notices\n14.3 Liability for damage to local government property or a public place\n14.4 Notice to redirect or repair sprinklers\n14.5 Notice to remove thing unlawfully placed on thoroughfare\n14.6 Notice to repair damage to thoroughfare\n14.7 Hazardous plants\nDivision 3—Lost property\n14.8 Lost property and unclaimed property in a locker\nPART 15—ENFORCEMENT\nDivision 1—Notices given under this local law\n15.1 Offence to fail to comply with a notice\n15.2 Local government may undertake requirements of a notice\nDivision 2—Offences and penalties\n15.3 Offences and general penalty\n15.4 Prescribed offences\n15.5 Form of notices\nDivision 3—Person to give name and address on demand\n15.6 Requirement to give name and address on demand\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2665\nLOCAL GOVERNMENT PROPERTY AND\nPUBLIC PLACES LOCAL LAW 2016\nUnder the power conferred by the Local Government Act 1995 and under all other powers enabling it,\nthe Council of the City of Mandurah resolved on 9 May 2017 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the City of Mandurah Local Government Property and Public Places\nLocal Law 2016.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Application\n(1) This local law applies throughout the district.\n(2) Part 5, Division 2 of this local law applies to—\n(a) rivers, water courses, tidal and non-tidal waters, in or outside but adjoining the district; and\n(b) without limiting the generality of clause 1.3(2)(a), in the sea adjoining the district for a\ndistance of 200 metres seaward from the low water mark at ordinary spring tides.\n1.4 Repeal\nThe following local laws are repealed—\n(a) Divisions 1, 2, 3 and 4 of Part III, Part IV, Division 1 of Part V, Part XIII, Part XV and\nPart XIX of the City of Mandurah Consolidated Local Laws published in the Government\nGazette of 13 February 1998; and\n(b) Part XII and Part XIV of the City of Mandurah Consolidated Local Laws published in the\nGovernment Gazette of 6 December 2000.\n1.5 Definitions\nIn this local law, unless the context otherwise requires—\nAct means the Local Government Act 1995 (WA);\nadvertising sign means a sign or advertisement used for the purposes of advertising or drawing\nattention to a product, business, person or event and includes election advertising and\nportable signs;\nalfresco dining area means an area in which tables, chairs and other temporary structures are\nprovided for the purpose of the supply of food or beverages or both by the public or the\nconsumption of food or beverages or both by the public;\nanimal means any animal other than a dog;\nAS or AS/NZS means an Australian or New Zealand Standard as published by Standards\nAustralia and amended from time to time;\nauthorised person means a person appointed by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nattendant means an employee of the local government with responsibility for the control and\nmanagement of persons in a public swimming pool or recreation facility which is local\nbathing appliance means a float of any material, including surf skis, surf boards, sea kayaks,\nkickboards, Malibu boards, paddle boards, body boards, boats or any other device whether\nmotorised or not, used or capable of being used for bathing or surf riding but does not include\na boat or personal watercraft;\n\n","sortOrder":11},{"sectionNumber":"2666","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2666 GOVERNMENT GAZETTE, WA 26 May 2017\nbeach means the area of the sea adjoining the district for a distance of 200 metres seawards from\nthe low-water mark at ordinary spring tides to either the toe of the sand dune or the\ncommencement of vegetation or a man-made structure;\nboat means any structure or vessel whether motorised or not and made or used to travel to or\nfloat on water or travel under water, excluding—\n(a) personal watercraft; and\n(b) bathing appliances;\nBuilding Act means the Building Act 2011 (WA);\nBuilding Code Australia means the Building Code of Australia which is volumes 1 and 2, as\namended from time to time, of the National Construction Code series published by, or on\nbehalf of, the Australian Building Codes Board;\ncamera device means an apparatus for taking photographs or moving pictures and includes a\nmobile phone when used for this purpose;\ncarriageway has the meaning given to it in the Road Traffic Code 2000;\nchange room means a room designated for the changing of clothes and may include showers,\ntoilets and hand washing basins;\ncharitable organisation means an institution, association, club, society or body whether\nincorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,\neducational, recreational, sporting or other similar nature and from which no member\nreceives any pecuniary profit except where the member is an employee or the profit is an\nhonorarium;\nChief Executive Officer means the Chief Executive Officer of the local government;\nclosed thoroughfare means a thoroughfare wholly or partially closed by the local government\nunder sections 3.50 or 3.50A of the Act;\ncommencement day means the day on which this local law commences under clause 1.2;\nCommissioner of Main Roads WA means the person appointed under section 7 of the Main\nRoads Act 1930 (WA) to be the Commissioner;\nCompetition Principles Agreement means the Competition Principles Agreement executed by\neach State and Territory of the Commonwealth and the Commonwealth of Australia on\n11 April 1995;\nCouncil means the council of the local government;\ncrossing means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\ndetermination means a determination made under clause 2.1;\ndetrimental to the property includes—\n(a) removing any thing from the local government property such as a rock, plant, fixture,\nfitting, chattel, equipment or furniture provided for the use, enjoyment or safety of any\nperson;\n(b) destroying, defacing or damaging a building or any thing on the local government\nproperty, such as a plant, fixture, chattel, equipment or furniture provided for the use,\nenjoyment or safety of any person; and\n(c) causing environmental harm or nuisance on the local government property;\ndevelopment approval means an approval issued under the local government’s planning\nscheme;\ndisplay home sign means a portable sign erected and displayed to advertise that a display home\nis open for inspection;\ndistrict means the district of the local government;\ndrunk has the meaning provided in the Liquor Control Act 1988;\nelection advertising means any sign or advertisement which encourages persons to vote for a\ncandidate, political party or referenda or matter relating to any federal, state or local\ngovernment election;\nelection date means the date on which a federal, state or local government election is held;\nfauna means any animal indigenous to or which periodically migrates to any State or Territory\nof the Commonwealth or the territorial waters of the Commonwealth and includes, in relation\nto any such animal—\n(a) any class of animal or individual members;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur;\nFirearms Act means the Firearms Act 1973 (WA);\nfishing means to use any line, lure, rod, pot or other method for the purposes of catching marine\nlife;\nflora means all vascular plants other than plants recognised as weeds;\nFood Act means the Food Act 2008 (WA);\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2667\nfood business has the same meaning as given in the Food Act;\nfootpath has the meaning given in the Road Traffic Code 2000 and includes a shared and dual\nuse path;\nforeshore area means the land along the edge of a body of water from the low-water mark at\nordinary spring tides to either the toe of the sand dune or the commencement of vegetation or\na man-made structure, but does not include a beach;\ngaming means has the same meaning as in the Gaming and Wagering Commission Act 1987;\ngarage sale sign means a portable sign erected and displayed to advertise goods for sale at\nresidential premises on a one-off or occasional basis;\nhome open sign means a portable sign erected and displayed to advertise that a home for sale is\nopen;\nintersection has the meaning given to it by the Road Traffic Code 2000;\nliquor has the meaning given to it by the Liquor Act;\nLiquor Act means the Liquor Control Act 1988 (WA);\nlocal government means the City of Mandurah;\nlocal government policy means a policy or standard adopted by the local government;\nlocal government property means any thing except a thoroughfare which—\n(a) is owned by the local government;\n(b) is vested in the local government;\n(c) is otherwise under the care, control or management of the local government, including\nunder the Land Administration Act 1997 (WA); or\n(d) is an ‘otherwise unvested facility’ within the meaning of section 3.53 of the Act;\nlocal public notice means notice given in accordance with the procedure set out in section 1.7 of\nthe Act;\nmajor event day means a date on which one of the ‘major events’ set out in Schedule 2 is held;\nmajor event location means a location set out in Schedule 3;\nmanager means the person for the time being employed, contracted or appointed by the local\ngovernment to manage any swimming pool or recreation facility, and includes any assistant\nor deputy;\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 common law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\noccupier has the meaning given to it by the Act, but does not include the local government;\noff-road vehicle has the meaning given to that term by the Control of Vehicles (Off-road Areas)\nAct 1978 (WA);\nother portable sign means a portable sign other than a home open sign, display home sign or\ngarage sale sign;\nowner has the meaning given to it by the Act;\npermissible verge treatment has the meaning given to it in clause 7.7;\nperform includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic\ndisplay or entertain, but does not include public speaking;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\npermitted area means the area or areas, specified in a permit for the purpose of street\nentertaining, in which the permit holder may perform;\npermitted time means the time or times, specified in a permit for the purpose of street\nentertaining, during which the permit holder may perform;\nperson responsible for the works in the context of Part 7, Division 2 means—\n(a) the applicant named on a building approval certificate, building permit or demolition\npermit issued under the Building Act; or\n(b) the owner or occupier of the lot, if no building approval certificate, building permit or\ndemolition permit has been issued under the Building Act;\npersonal watercraft means any vessel designed for the transport of 1 to 3 persons, other than a\nbathing appliance, that—\n(a) is propelled by means of an inboard motor powering a water jet pump; and\n(b) is designed to be steered by means of handlebars by a person sitting, standing or kneeling\non the vessel and not within it;\nplanning scheme has the same meaning as “local planning scheme” in the Planning and\nDevelopment Act 2005;\n\n","sortOrder":12},{"sectionNumber":"2668","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2668 GOVERNMENT GAZETTE, WA 26 May 2017\nportable sign means a free standing portable advertising sign not permanently attached to a\nstructure or fixed to the ground or pavement, and includes a ‘A’ frame sign;\npremises for the purposes of clauses 2.8(1)(a) and 4.6 means a building, stadium or similar\nstructure which is local government property, but not an open space such as a park or a\nplaying field;\nprohibited drug has the meaning given to it in the Misuse of Drugs Act 1981 (WA);\npromotional activity means the advertising of, promotion of, or raising of funds for, a particular\ngroup, product or service;\npublic interest sign means an advertising sign for an event that is open to the public to attend\nat no cost and is of significant interest to persons within, and visitors to, the district, and\nwhich is being held on local government property or in a public place, but does not include\nelection advertising;\npublic place includes a thoroughfare or place which the public are allowed to use, whether or\nnot the thoroughfare or place is on private property, but does not include—\n(a) premises on private property from which trading is lawfully conducted under a written\nlaw; or\n(b) local government property;\nRegulations means the Local Government (Functions and General) Regulations 1996 (WA);\nretailer means a proprietor of a shop in respect of which shopping trolleys are provided for the\nuse of customers of the shop;\nseafood business means a business selling seafood of which 80% of the seafood that is to be sold\nwas caught in the waters of the district;\nseafood sign means an advertising sign for a seafood business;\nshopping trolley means a container or receptacle on wheels provided by a retailer to enable a\nperson to transport goods;\nsmoke has the meaning given to it in the Tobacco Products Control Act 2006 (WA);\nsolicit in relation to money, means actively seeking or calling for a donation from another person,\nbut does not include a non-verbal invitation by a holder of a permit approved under clause\n10.3 to place a donation in a receptacle within the permitted area;\nstreet entertaining means any form of theatrical, artistic, musical, audio or visual performance\nand includes busking;\nstreet market means a collection of stalls, stands and displays on local government property or a\npublic place for the purposes of selling goods, wares, merchandise, produce or services, or\ncarrying out any other transaction;\nstreet numbering means a number or numbers with or without an alphabetical suffix assigned\nto identify the street address of a property;\nstreet tree means any tree or tall plant that has a wooden trunk and branches that grow from its\nupper part, planted or self-sown in the street, of an appropriate species and in an appropriate\nlocation for the purpose of contributing to the streetscape;\nsynthetic grass refers to artificial fibres made to look like natural grass;\nsurf lifesaving club means a surf lifesaving club affiliated with Surf Life Saving Western\nAustralia Inc.;\nthoroughfare has the meaning given to it by the Act, but does not include a private thoroughfare\nwhich is not under the management or control of the local government;\ntobacco product has the meaning given to it in the Tobacco Products Control Act 2006 (WA);\ntrader means a person who carries on trading;\ntrading means—\n(a) the selling or hiring of, the offering for sale or hire of, or the soliciting of orders for, goods\nor services in a public place or on local government property;\n(b) displaying goods in a public place or local government property for the purpose of—\n(i) offering them for sale or hire;\n(ii) inviting offers for their sale or hire;\n(iii) soliciting orders for them; or\n(iv) carrying out any other transaction in relation to them,\nand includes the setting up of a stall, or the conducting of a business at a stall;\nTree Protection Zone has the meaning given in “AS 4970-2009 Protection of trees on\ndevelopment sites” as amended from time to time;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise, including an off-road vehicle; and\n(b) an animal being ridden or driven;\nbut excludes—\n(c) a wheelchair or any device designed for use by physically impaired person on a footpath;\n(d) a pram, a stroller or a similar device;\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2669\n(e) a bicycle or wheeled recreational device;\n(f) a shopping trolley; and\n(g) a boat;\nverge means that part of a thoroughfare that is between the carriageway and a lot which abuts\nthe thoroughfare and includes a nature strip;\nWestern Power means the body corporate known as the Electricity Networks Corporation\nestablished under section 4 of the Electricity Corporations Act 2005 (WA) or such other entity\nestablished or constituted in its place or by which its functions have become exercisable;\nwheeled recreational device means a wheeled device built to transport a person which is\npropelled by human power or gravity and ordinarily used for recreation or play, including—\n(a) in-line skaters, rollerskates, a skateboard or similar wheeled device;\n(b) a scooter being used by a person 12 years of age or older; and\n(c) a unicycle,\nbut excludes a goffer, golf buggy, pram, stroller or trolley, or a bicycle, wheelchair or wheeled\ntoy.\n1.6 Transitional\nAny permit, licence, consent or authorisation issued in accordance with a local law listed in\nclause 1.4—\n(a) is taken to be a permit granted under this local law;\n(b) is to be valid for the period specified on the permit, licence, consent or authorisation; and\n(c) may be earlier cancelled or suspended in accordance with this local law.\n1.7 Application as to assistance animals\nThis local law is subject to any written law and any law of the Commonwealth about assistance\nanimals as defined in the Disability Discrimination Act 1992 (Cth).\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\nDivision 1—Determinations\n2.1 Determinations as to use of local government property\nThe local government may make a determination in accordance with clause 2.2—\n(a) setting aside specified local government property for the pursuit of all or any of the activities\nreferred to in clause 2.7;\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on\nspecified local government property;\n(c) as to the matters in clauses 2.7(2) and 2.8(2); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\n2.2 Procedure for making a determination\n(1) The local government is to give local public notice of its intention to make a determination.\n(2) The local public notice must state that—\n(a) the local government intends to make a determination, the purpose and effect of which is\nsummarised in the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the\nlocal government; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(3) If no submissions are received under clause 2.2(2)(c), the local government is to decide—\n(a) to give local public notice that the proposed determination has effect as a determination on\nand from the date of publication;\n(b) to amend the proposed determination, in which case clause 2.2(5) will apply; or\n(c) not to continue with the proposed determination.\n(4) If submissions are received under clause 2.2(2)(c), the local government—\n(a) is to consider those submissions; and\n(b) is to decide—\n(i) whether to amend the proposed determination; or\n(ii) not to continue with the proposed determination.\n(5) If the local government decides to amend the proposed determination, it is to give local public\nnotice—\n(a) of the effects of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n\n","sortOrder":13},{"sectionNumber":"2670","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2670 GOVERNMENT GAZETTE, WA 26 May 2017\n(6) If the local government decides not to amend the proposed determination, it is to give local public\nnotice that the proposed determination has effect as a determination on and from the date of\npublication.\n(7) A proposed amendment is to have effect as a determination on and from the date of publication of\nthe local public notice referred to in clauses 2.2(3), 2.2(5) and 2.2(6).\n(8) A decision under clauses 2.2(3) or 2.2(4) is not to be delegated by Council.\n2.3 Discretion to erect a sign\nThe local government may erect a sign on local government property to give notice of the effect of a\ndetermination.\n2.4 Determination to be complied with\nA person must comply with a determination.\n2.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act apply to the register referred to in clause 2.5(1) and for that\npurpose, the register is taken to be information within section 5.94(u)(i) of the Act.\n2.6 Amendment or revocation of a determination\n(1) The local government may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the local government revokes a determination, it must give local public notice of the revocation\nand the determination will cease to have effect on and from the date of publication.\nDivision 2—Activities which may be pursued or prohibited on specified local government property as a\nresult of a determination\n2.7 Activities which may be pursued on specified local government property\n(1) A determination may provide that specified local government property is set aside as an area on\nwhich a person may—\n(a) bring, ride or drive an animal;\n(b) take, ride or drive a vehicle, or a particular class of vehicle;\n(c) fly or use a motorised model aircraft, car, ship, glider or rocket;\n(d) use a children’s playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age;\n(e) launch, beach, retrieve or leave a boat;\n(f) take or use a boat, or a particular class of boat;\n(g) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or\nnot in specified areas of that local government property;\n(h) play or practice—\n(i) golf or archery;\n(ii) pistol or rifle shooting, but subject to compliance of that person with the Firearms Act;\nor\n(iii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government, may cause injury and damage to a person or\nproperty; or\n(i) ride a bicycle, a wheeled recreational device, a sandboard or similar device; or\n(j) wear no clothing.\n(2) A determination may specify the extent to which and the manner in which an activity referred to\nin clause 2.7(1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued;\n(b) that any activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is taken to be prohibited on all local government property other than that\nspecified in the determination;\n(d) may limit the activity to a class of vehicles, boats, equipment or things, or may extend it to all\nvehicles, boats, equipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\n2.8 Activities which may be prohibited on specified local government property\n(1) A determination may provide that a person is prohibited from pursuing all or any of the following\nactivities on specified local government property—\n(a) smoking in premises;\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2671\n(b) riding a bicycle, a wheeled recreational device, a sandboard or a similar device;\n(c) taking, riding or driving a vehicle on the property or a particular class of vehicle;\n(d) riding or driving a vehicle of a particular class or any vehicle above a specified speed;\n(e) taking or using a boat, or a particular class of boat;\n(f) the playing or practice of—\n(i) golf, archery, pistol or rifle shooting; or\n(ii) a similar activity specified in the determination involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\nproperty;\n(g) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; and\n(h) the traversing of sand dunes or land which in the opinion of the local government has\nenvironmental value warranting such protection, either absolutely or except by paths\nprovided for that purpose.\n(2) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in clause 2.7(1) and, in particular—\n(a) the days and times during which the activity is prohibited;\n(b) that an activity is prohibited on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is prohibited in respect of a class of vehicles, boats, equipment or things, or\nall vehicles, boats, equipment or things;\n(d) that an activity is prohibited in respect of a class of persons or all persons; and\n(e) may distinguish between different classes of the activity.\nDivision 3—Transitional\n2.9 Existing signs to have effect as a determination\n(1) Where a sign erected on local government property has been erected under a local law that is\nrepealed by this local law, then it is to be taken to have effect as a determination under this local law\non and from the commencement day, except to the extent that the sign is inconsistent with any\nprovisions of this local law or any determination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in clause 2.9(1).\n","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"ACTIVITIES ON LOCAL GOVERNMENT PROPERTY","content":"PART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY\nDivision 1—When a permit is required\n3.1 Activities needing a permit—general\n(1) Subject to this local law, a person must not without a permit granted in accordance with Part 12—\n(a) hire local government property;\n(b) cut, break, damage, injure, deface, pull up, pick, remove, or destroy any tree, shrub, flower,\ngrass, plant or flora of any kind on any local government property;\n(c) cut, collect or remove any timber, firewood, stone, sand or other materials on local\n(d) plant any plant or sow any seeds on local government property;\n(e) erect any sign on local government property;\n(f) erect on local government property a structure for public amusement or for any other\nperformance, whether for gain or otherwise;\n(g) erect a building or a refuelling site on local government property;\n(h) make any excavation on, erect a fence on or remove a fence from, local government property;\n(i) erect or install any structure above or below ground which is local government property for\nthe purpose of supplying any water, power, sewer, communication, television or similar\nservice to a person;\n(j) deposit or store any thing on local government property;\n(k) depasture, tether, drive or ride any animal on local government property;\n(l) launch an aircraft or helicopter from, or land an aircraft or helicopter into, local government\nproperty;\n(m) camp on or lodge at local government property for the purpose of sleeping on local\n(n) occupy any structure, including a vehicle, at night for the purpose of sleeping on local\n(o) erect a tent, camp, hut or similar structure on local government property other than a beach\nshade or windbreak erected for use during the hours of daylight and which is dismantled\nduring those hours on the same day;\n(p) teach, coach or train for profit any person, animal or dog on or in local government property;\n\n","sortOrder":15},{"sectionNumber":"2672","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2672 GOVERNMENT GAZETTE, WA 26 May 2017\n(q) conduct a function, or undertake any promotional activity, on local government property;\n(r) charge any person for entry to local government property, unless the charge is for entry to\nland or a building hired by a charitable organisation;\n(s) light a fire on local government property except in a facility provided for that purpose;\n(t) light or set off any fireworks or conduct a fireworks display on local government property;\n(u) parachute, hang glide, abseil or base jump from or onto local government property;\n(v) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly on local\ngovernment property; or\n(w) erect, install, operate or use any broadcasting, public address system, loudspeaker or other\ndevice for the amplification of sound on local government property, other than those used by a\nsurf lifesaving club in the performance of its functions.\n(2) The local government may exempt by written notice—\n(a) a person from compliance with clause 3.1(1) or any part thereof on the application by that\nperson; or\n(b) specified local government property or a class of local government property or any part\nthereof from the application of clause 3.1(1).\n3.2 Possession and/or consumption of liquor\nA person must not, on local government property, consume any liquor or have in his or her possession\nor under his or her control any liquor unless—\n(a) it is permitted under the Liquor Control Act 1988 (WA); and\n(b) any necessary permit has been obtained for that purpose.\nDivision 2—Hiring local government property\n3.3 Application for a permit to hire local government property\n(1) The local government may hire local government property to a person who makes an application\nfor a permit for the hire of local government property under Part 12 and who pays the hire fee\ndetermined by the local government.\n(2) The local government may—\n(a) determine that the requirements of this local law do not apply to the hiring of particular local\ngovernment property or a class of local government property; and\n(b) waive the requirement to pay a hire fee or any part thereof on the application of the person\nseeking a permit.\n3.4 Decision on application where 2 or more applicants\nIn the event of 2 or more applications being made for the hire of the same local government property\nfor the same date and time, the local government may determine, in its absolute discretion, which, if\nany, applicant shall be granted a permit to hire the local government property.\n3.5 Responsibilities of a permit holder\nThe holder of a permit must—\n(a) take reasonable steps to maintain law and order by all in attendance at any function for\nwhich the local government property has been hired;\n(b) ensure that an authorised person has unobstructed access to the local government property\nfor the purpose of inspecting the property or enforcing any provision of this local law;\n(c) prevent overcrowding;\n(d) leave the local government property in a clean and tidy condition after its use;\n(e) comply with a direction from the Chief Executive Officer or an authorised person to take the\naction specified in the direction for the purpose of maintaining public safety;\n(f) report any damage or defacement of the local government property to the local government;\n(g) prevent the consumption of any liquor on the local government property unless the permit\nallows it and a licence has been obtained under the Liquor Act for that purpose; and\n(h) comply with any other direction imposed by the local government.\n3.6 Conditions on use and hire\nIn addition to the conditions described in clause 12.4, the local government may impose conditions on\nthe hire of local government property relating to—\n(a) the purpose for which the local government property may be hired;\n(b) the use of furniture, plants and effects;\n(c) restrictions on the erection of decorations inside and outside any building which is local\n(d) the number of persons that may attend any function in or on local government property;\n(e) the right of the local government to cancel a booking at any time during the course of an\nannual or seasonal booking;\n(f) securing and locking up local government property at the end of each hire period;\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2673\n(g) the prohibition of gaming unless a gaming approval has been obtained under the Gaming and\nWagering Commission Act 1987 (WA);\n(h) requiring that the amplification of any noise or any noise emitted during the hire complies at\nall times with the Environmental Protection (Noise) Regulations 1997 (WA); or\n(i) any other matter that the local government considers fit or appropriate.\nDivision 3—Camping on local government property\n3.7 Camping on local government property\n(1) The maximum period for which the local government may approve an application for a permit in\nrespect of the activities set out in clauses 3.1(1)(m) and 3.1(1)(o) is that provided in regulation 11(2)(a)\nof the Caravan Parks and Camping Grounds Regulations 1997 (WA).\n(2) Any tent, camp, hut or similar structure erected in contravention of clause 3.1(1)(o) and associated\ngoods may, subject to regulation 29 of the Regulations, be impounded.\n","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY","content":"PART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and interference with local government property\n4.1 Behaviour which interferes with others\nA person must not, in or on local government property, behave in a manner which—\n(a) is likely to or does interfere with, interrupt or disturb the enjoyment of a person who might\nuse the property or who is using the property;\n(b) causes or is likely to cause a disturbance to nearby residents;\n(c) otherwise creates a nuisance; or\n(d) places the public at risk or interferes with the safety of others.\n4.2 Behaviour detrimental to property\nA person must not, in or on local government property, behave in a way which is or might be\ndetrimental to the property unless authorised by the local government.\n4.3 Taking or injuring any fauna\nA person must not take, injure or kill, or attempt to take, injure or kill, any fauna which is on or\nabove any local government property unless that person is authorised under a written law to do so.\n4.4 Drunk persons not to enter local government property\nA person must not enter or remain on local government property while drunk or under the influence\nof a prohibited drug.\n4.5 No prohibited drugs\nA person must not take a prohibited drug onto or consume or use a prohibited drug on local\ngovernment property.\n4.6 No smoking\nA person must not smoke within a 5 metre radius of any entrance, exit or aperture of premises on\nlocal government property.\n4.7 Appropriate behaviour and adequate clothing\n(1) A person over the age of 6 years shall not on or in any local government property—\n(a) appear in public unless properly dressed in clothing which covers the body to prevent\nindecent exposure, except where the property is set aside for the wearing of no clothes under\nclause 2.7(1)(j);\n(b) loiter outside or act in an inappropriate manner in any portion of a toilet block or change\nroom facility; or\n(c) without the consent of the occupier, enter or attempt to enter any toilet or other compartment\nwhich is already occupied.\n(2) Where an authorised person, an attendant or a manager considers that the clothing of any person\non local government property is not proper or adequate to cover the body so as to prevent indecent\nexposure, the authorised person may direct that person to put on adequate clothing and that person\nshall comply with that direction immediately.\n4.8 Entry to local government property\nA person, other than an authorised person performing a function or a contractor of the local\ngovernment carrying out a contracted duty, shall not—\n(a) enter or leave any local government property other than by the public entrance or exit, except\nin an emergency;\n(b) enter or remain on any local government property except on those days and during those\ntimes when access is available to the public; or\n(c) enter any place that has been fenced off or closed to the public.\n\n","sortOrder":17},{"sectionNumber":"2674","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2674 GOVERNMENT GAZETTE, WA 26 May 2017\n4.9 Refusal of entry to local government property\n(1) Subject to clauses 5.3 and 5.4, an authorised person, manager or attendant may refuse to allow\nentry, or suspend admission, to any local government property to any person whom he or she\nreasonably suspects has behaved in a manner contrary to the provisions of this Part.\n(2) A refusal or suspension under subclause (1) can be for any period of up to 12 months as\ndetermined by an authorised person.\n(3) Subclause (1) does not apply to a venue where Council or Committee meetings are held.\nDivision 2—Signs\n4.10 Signs\n(1) The local government may erect a sign on local government property specifying any conditions of\nuse which apply to that property.\n(2) A person must comply with a sign erected under clause 4.10(1).\n(3) A condition of use specified on a sign erected under clause 4.10(1) must not be inconsistent with\nany provision of this local law or any determination.\n","sortOrder":18},{"sectionNumber":"Part 5","sectionType":"part","heading":"SPECIFIC MATTERS RELATING TO TYPES OF LOCAL GOVERNMENT","content":"PART 5—SPECIFIC MATTERS RELATING TO TYPES OF LOCAL GOVERNMENT\nPROPERTY\nDivision 1—Public swimming pools and other recreation facilities\n5.1 General prohibitions\nA person shall not—\n(a) obstruct an authorised person, manager or attendant in carrying out his or her duties;\n(b) fail to comply with a direction given by an authorised person, manager or attendant—\n(i) refusing admission to a person;\n(ii) directing a person to leave the public swimming pool or recreational facility; or\n(iii) directing a person in relation to his or her use of the public swimming pool or recreation\nfacility;\n(c) fail to comply with a direction given by an authorised person or manager suspending\nadmission to a person;\n(d) permit an animal to enter or remain in or about a public swimming pool or recreational\nfacility where such entry is prohibited by a sign;\n(e) consume any food or drink in an area where consumption is prohibited by a sign; or\n(f) foul or pollute the water in a public swimming pool.\n5.2 Use of all or part of a public swimming pool or recreation facility\nAn authorised person, manager or attendant may—\n(a) direct that all or part of a public swimming pool or recreation facility is for the use of certain\npersons to the exclusion of others; and\n(b) direct a person as to that person’s use of the public swimming pool or recreation facility.\n5.3 When entry and use may be refused\n(1) An authorised person, manager or attendant may—\n(a) refuse admission to;\n(b) direct to leave; or\n(c) cause to be removed from,\na public swimming pool, the water at a public swimming pool or recreation facility any person where\nany of the requirements set out in clause 5.3(2) are not being complied with or for any reason set out\nin clause 5.3(3).\n(2) For the purposes of clause 5.3(1), the requirements are—\n(a) children under the age of 5 years must be accompanied into the public swimming pool or\nrecreation facility by a responsible adult who is at least 16 years of age, and must be\nsupervised by that responsible adult within arms’ length at all times while within the public\nswimming pool or recreation facility;\n(b) a responsible adult can only be responsible for a maximum of 3 children under the age of\n5 years at any one time; and\n(c) subject to clause 5.3(2)(a), children under the age of 12 years must be accompanied into the\npublic swimming pool or recreation facility by a responsible adult who is at least 16 years of\nage, and must be supervised by that responsible adult within line of sight at all times while\nwithin the public swimming pool or recreation facility.\n(3) For the purposes of clause 5.3(1), the reasons are—\n(a) where the authorised person, manager or attendant reasonably suspects the person is—\n(i) suffering from any gastrointestinal disease, contagious, infectious or cutaneous disease\nor complaint or has unhealed wounds;\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2675\n(ii) in an unclean condition;\n(iii) wearing unclean clothes; or\n(iv) under the influence of liquor a prohibited drug; or\n(b) if in the opinion of the authorised person, manager or attendant—\n(i) such action is necessary or desirable to prevent a contravention of this local law; or\n(ii) the person is committing a breach of any provision of this local law;\n(c) by reason of his or her past or present conduct within or about the public swimming pool or\nrecreation facility, has created or is creating a nuisance.\n5.4 Suspension of admission\nAn authorised person or manager may suspend admission for a minimum period of one day to any\nperson who has committed a breach of any provision of this local law in relation to the public\nswimming pool or recreation facility.\n5.5 Carnivals\n(1) A person, club, organisation or association shall not conduct controlled swimming or other sporting\nevents, carnivals or competitions without the prior consent of the manager.\n(2) The manager may grant such consent subject to any conditions considered fit by the manager and\nmay withdraw that consent at any time.\n(3) A person, club, organisation or association conducting a carnival or event at a public swimming\npool or recreation facility must take reasonable steps to—\n(a) prevent overcrowding;\n(b) ensure that no damage is done to the buildings or fencing or any other portion of the public\nswimming pool or recreation facility; and\n(c) ensure that this local law is observed by all competitors, officials and spectators.\nDivision 2—Beaches and foreshore areas\n5.6 General prohibitions\nOn a beach or foreshore area, a person shall not obstruct, disturb, insult or neglect to obey the lawful\ndirections of any authorised person or member of an on duty surf lifesaving club patrol.\n5.7 Compliance with signs and directions\nA person shall—\n(a) comply with any sign erected on a beach or foreshore area;\n(b) comply with any lawful direction given by an authorised person, a patrol captain or a\npatrolling member of a surf lifesaving club patrolling the beach; and\n(c) not enter any area designated as being used for any surf lifesaving activity, training,\ncompetition or carnival.\n5.8 Use of off-road vehicles on beaches and foreshore areas\nA person must not drive or operate an off-road vehicle on a beach or foreshore area unless that person\nis authorised to do so under any written law.\n5.9 Surf lifesaving activities and identification of surf lifesaving patrol\n(1) An authorised person, patrol captain or patrolling member of a surf lifesaving club authorised by\nthat club to carry out duties set out in this clause may perform the following functions in the interests\nof maintaining safety at beaches in the district—\n(a) patrol any beach;\n(b) take onto any beach any lifesaving gear, including vehicles or boats that are used for\nlifesaving activities;\n(c) indicate by signs or patrol flags, any areas of a beach or adjacent water beyond the beach\nwhere bathing is permitted;\n(d) indicate by signs any areas of a beach or the adjacent water beyond the beach where—\n(i) riding of surfboards or any other bathing appliance is prohibited;\n(ii) driving of boats is prohibited; or\n(iii) fishing is prohibited;\n(e) regulate or designate any areas for the following activities—\n(i) conduct of training or surf lifesaving club carnivals; or\n(ii) establishing a first aid or command post;\n(f) direct any person to bathe within the designated permitted bathing area indicated by signs or\npatrol flags;\n(g) close any beach or part of any beach during any period of potential dangerous conditions or\nsighting of a shark; and\n\n","sortOrder":19},{"sectionNumber":"2676","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2676 GOVERNMENT GAZETTE, WA 26 May 2017\n(h) direct any person to leave the water if, in the opinion of the authorised person, patrol captain\nor patrolling member, the person is in immediate life threatening danger.\n(2) When any beach or part of any beach is closed in accordance with clause 5.9(1)(g) an authorised\nperson or patrol captain of a surf lifesaving club shall advise the Chief Executive Officer as soon as\npracticable.\n(3) A person who is not a patrolling member of a surf lifesaving patrol on duty shall not give the\nimpression that they are a patrolling member of a surf lifesaving patrol on duty.\n5.10 Fishing\n(1) A person shall not fish in any area—\n(a) where fishing is prohibited by the local government and the prohibition is designated by\nsigns;\n(b) designated by an authorised person or member of a surf lifesaving club patrol as a designated\npermitted bathing area.\n(2) A person who is not a disabled person shall not fish in an area which is designated and marked for\nuse for fishing by disabled persons unless there are no disabled persons wanting to use that area at\nthat time.\n5.11 Boat launching\n(1) A person shall not launch a boat into the sea or from a foreshore area into any other body of water\nother than at a boat launching ramp designed, constructed and approved for that purpose or from the\nbeach or foreshore area where this activity is permitted and designated by signs.\n(2) A person shall not launch a personal watercraft into the sea or from a foreshore area into any\nother body of water other than at a boat launching ramp designated, constructed and approved for\nthat purpose, unless that person has the written consent of the local government to launch a personal\nwatercraft from another location.\n(3) Clauses 5.11(1) and 5.11(2) do not apply to any member of a surf lifesaving club or lifesaving\npatrol in the course of their duties, training or competition.\nDivision 3—Fenced or closed property\n5.12 No entry to fenced or closed local government property\nA person must not enter local government property which has been fenced off or closed to the public\nby a sign or otherwise unless authorised by the local government.\nDivision 4—Toilet blocks and change rooms\n5.13 Only specified gender to use entry of toilet block or change room\n(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or\nchange room is to be used by—\n(a) females, then a person of the male gender must not use that entry to the toilet block or\nchange room; or\n(b) males, then a person of the female gender must not use that entry to the toilet block or\nchange room.\n(2) Clause 5.13 does not apply to a child, when accompanied by a parent, guardian or caregiver where\nthe child is—\n(a) under the age of 6 years; or\n(b) otherwise permitted by an authorised person to use the relevant entry.\n5.14 Hire of lockers\n(1) A person may hire a locker in or near a change room for the purpose of safekeeping articles.\n(2) A person must not store in any locker a firearm or an offensive weapon or any article or substance\nthat has been unlawfully acquired or which is a substance or article within the meaning of ‘dangerous\ngoods’ under the Dangerous Goods Safety Act 2004 (WA).\n(3) An authorised person, manager or attendant may open and inspect the contents of a locker at any\ntime, where the authorised person, manager or attendant reasonably suspects that a breach of this\nlocal law has occurred.\n5.15 Use of showers\nA person may use a shower in a change room provided that—\n(a) the facilities must only be used by the person for the purpose of cleansing, bathing and\nwashing themselves; and\n(b) the facilities must not be used for the purposes of laundering or washing any clothing or other\narticles.\n5.16 No use of camera devices in toilet blocks or change rooms\nA person must not operate a camera device in any portion of a toilet block or change room to record or\ntransmit an image.\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2677\n","sortOrder":20},{"sectionNumber":"Div 5","sectionType":"division","heading":"Major Event Locations","content":"Division 5—Major Event Locations\n5.17 Behaviour on major event locations\nExcept with the written consent of the local government a person shall not on a major event day at\nany major event location—\n(a) smoke a tobacco product; or\n(b) bring, or allow to remain, any animal or dog.\n","sortOrder":21},{"sectionNumber":"Part 6","sectionType":"part","heading":"FEES FOR ENTRY ONTO LOCAL GOVERNMENT PROPERTY","content":"PART 6—FEES FOR ENTRY ONTO LOCAL GOVERNMENT PROPERTY\n6.1 Payment of applicable fees for entry or participation\n(1) Subject to clause 6.1(2), where a fee is payable for entry to local government property or\nparticipation in an activity on or in any local government property, a person shall not enter that\nproperty or participate in the activity without first paying the applicable fee.\n(2) The local government may exempt a person from compliance with clause 6.1(1) on the application\nof that person.\n","sortOrder":22},{"sectionNumber":"Part 7","sectionType":"part","heading":"ACTIVITIES IN PUBLIC PLACES","content":"PART 7—ACTIVITIES IN PUBLIC PLACES\nDivision 1—General\n7.1 General prohibitions\nSubject to this local law, a person shall not—\n(a) plant any plant on a thoroughfare—\n(i) within the vicinity of an intersection that creates a sight line hazard in relation to\npedestrians or drivers of vehicles using that intersection and which is not maintained\nat or below 0.5 metres in height; or\n(ii) so that it is within 2 metres of a carriageway, except in the case of grass or a similar\nplant to grass;\n(b) damage a lawn or garden on or in a public place or remove any plant or part of a plant from a\nlawn or garden on or in a public place unless—\n(i) the person is the owner or occupier of the lot abutting that portion of the thoroughfare\nand the lawn, garden or the particular plant was installed or planted by that owner or\noccupier; or\n(ii) the person is acting under the authority of a written law;\n(c) on a verge, repair or service any vehicle;\n(d) place, allow to be placed or allow to remain on a thoroughfare or verge any thing that results\nin a hazard for any person using the thoroughfare or verge;\n(e) cause or permit any water from a hose or sprinkler to interfere with the use of any street, way\nor footpath by pedestrians;\n(f) play or participate in any game or sport so as to—\n(i) cause danger to any person on a thoroughfare; or\n(ii) obstruct the movement of vehicles or persons on a thoroughfare;\n(g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, wheeled recreational\ndevice or similar device; or\n(h) use anything or do anything so as to create a nuisance on or in a public place.\n7.2 Activities requiring a permit\n(1) Subject to clause 7.2(2), a person must not without a permit—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) damage a street tree or remove a street tree or part of a street tree, including the roots, which\nis on or in a public place irrespective of whether the street tree was planted by the owner or\noccupier of the lot abutting the thoroughfare or by the local government unless the person is\nacting under the authority of a written law;\n(c) subject to Division 3 of this Part, throw, place or deposit any thing on a verge except for the\npurpose of removal by the local government under a bulk rubbish collection and then only in\naccordance with the terms and conditions and during the period of time advertised by the\nlocal government in connection with that collection;\n(d) damage, remove or interfere with any part of a thoroughfare, kerb, footpath or any structure\nor sign erected on or in a thoroughfare by the local government or a person acting under\nwritten authority;\n(e) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare;\n(f) cause any obstruction to a water channel or a water course, including drainage swales, in a\nthoroughfare;\n(g) light any fire or burn any thing on a thoroughfare or verge;\n(h) unless installing, or in order to maintain, a permissible verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n\n","sortOrder":23},{"sectionNumber":"2678","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2678 GOVERNMENT GAZETTE, WA 26 May 2017\n(ii) place or install, on any part of a thoroughfare, any thing such as crushed limestone,\ngravel, stone, flagstone, cement, concrete slabs, blocks, bricks, pebbles, plastic sheeting,\nkerbing, wood chips, bark or sawdust, including for the purposes of storage of\nstockpiling;\n(i) provide, erect, install or use in or on any building, structure or land abutting a thoroughfare\nany hoist or other thing for use over the thoroughfare;\n(j) interfere with the soil of, or anything in, a thoroughfare or take anything from a\nthoroughfare;\n(k) drive any vehicle over or across a kerb or footpath except at a vehicle crossing;\n(l) drive a vehicle or permit a vehicle to be driven across a kerb or footpath if such vehicle is so\nheavy or is of such a nature that it causes or is likely to cause damage to the kerb or the\npaving of the footpath; and\n(m) drive or take a vehicle on a closed thoroughfare unless it is in accordance with any limit or\nexception specified in an order made under section 3.50 of the Act.\n(2) The local government may exempt a person from compliance with clause 7.2(1) on the application\nof that person.\n7.3 Obstructions\nWhere any thing is deposited or an obstruction is caused to a thoroughfare, kerb or footpath contrary\nto clauses 7.1 and 7.2, the local government may—\n(a) remove or cause to be removed such deposit or obstruction; and\n(b) recover the costs of doing so as a debt due to it.\nDivision 2—Vehicle crossings\n7.4 Temporary crossing\n(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the\nlot, the person responsible for the works must obtain a permit for the construction and use of a\ntemporary crossing to protect the existing carriageway, kerb, drains and footpath where—\n(a) a crossing does not exist; or\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) If the local government approves an application for a permit for the purpose of clause 7.4(1), the\npermit is taken to be issued on the condition that, until such time as the temporary crossing is\nremoved, the permit holder must keep the temporary crossing in good repair and in such a condition\nso as not to create any danger or obstruction to persons using the thoroughfare.\n7.5 Removal of a redundant crossing\n(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be\nremoved and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the\nremoval are to be reinstated to the satisfaction of the local government.\n(2) The local government may give written notice to the owner or occupier of a lot requiring him or her\nto—\n(a) remove any part of or all of a crossing which does not give access to the lot; and\n(b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may\nbe affected by the removal,\nwithin the period of time stated in the notice.\nDivision 3—Verge treatments\n7.6 Interpretation\nIn this Division 3, unless the context otherwise requires—\n(a) acceptable material means any of the following—\n(i) organic mulch of a particle size not greater than 25 millimetres;\n(ii) semi-permeable materials such as—\n(A) compacted limestone with particle size not greater than 10 millimetres;\n(B) compacted gravel with particle size not greater than 10 millimetres;\n(C) synthetic grass onto a compacted aggregate or roadbase which has a particle size\nno greater than 10 millimetres with the synthetic grass being pegged down or\nheld in place in such a manner that that there are no protrusions or trip hazards;\n(iii) impermeable materials such as—\n(D) coloured concrete of earthy tones and which is not grey to a minimum thickness\nof 75 millimetres and maximum thickness of 100 millimetres; or\n(E) brick paving installed to the manufacturer’s specifications including\nrecommended compacted subgrade and edge restraints,\nprovided that—\n(F) the semi-permeable materials set out in (A) to (C) shall be compacted to such a\ndegree that there are no loose stones on the verge surface;\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2679\n(G) materials such as compacted gravel, crushed compacted rock or stabilised\nlimestone cannot cover more than 50% of the verge area including the crossover\nand footpath without—\n(I) having one or more street trees planted by or approved in writing by the\nlocal government; or\n(II) some reasonable planting installed,\nwithin that gravel, crushed rock or limestone area; and\n(H) the finished level of the compacted gravel, rock or limestone material is to be\nbetween 5 millimetres and 15 millimetres below the adjacent concrete edge;\n(b) hardstand includes concrete, asphalt and paving;\n(c) small format pavers include cobblestones, brick sized pavers and pavers up to\n300 millimetres x 300 millimetres; and\n(d) verge treatment means any of the 3 treatments permitted by this local law and shall\ninclude any reticulation, pipes and sprinklers.\n7.7 Permissible verge treatments\n(1) The owner or occupier of land abutting a street may, on the verge in front of such land, install any\none of the following 3 verge treatments—\n(a) Treatment One\nPlant and maintain a natural lawn that is not made of synthetic grass.\n(b) Treatment Two\nPlant and maintain a garden provided that—\n(i) clear sight visibility must be maintained at all times for pedestrians and motorists in\nthe vicinity of intersection corners and bends in the roadway, and landscaping\ninhibiting visibility may be removed at the discretion of the local government;\n(ii) no plant or other vegetation making up the garden is of a thorny or poisonous nature or\nmay otherwise create a hazard;\n(iii) unobstructed pedestrian access of a stable material along the full length of the verge\nand to a minimum width of 2 metres adjacent to the kerbline where no footpaths or\nalternative pathways exist is maintained;\n(iv) unobstructed access around signs, water meters, telecommunication pits, fire hydrants\nand manhole covers is maintained; and\n(v) there is adequate access to the letterbox for mail delivery.\n(c) Treatment Three\nInstall hardstand over no more than 50% of the area of the verge, including any cross-over or\nfootpath, with an acceptable material and plant and maintain either a lawn or garden on the\nbalance provided that—\n(i) the lawn is a natural lawn and is not synthetic grass;\n(ii) semi permeable or impermeable paved areas are not to provide formal verge parking,\nunless approved in writing by the local government;\n(iii) clear sight visibility must be maintained at all times for pedestrians and motorists in\nthe vicinity of intersection corners and bends in the roadway, and landscaping\ninhibiting visibility may be removed at the discretion of the local government;\n(iv) no plant or other vegetation making up the garden is of a thorny or poisonous nature or\nmay otherwise create a hazard;\n(v) unobstructed pedestrian access of a stable material along the full length of the verge\nand to a minimum of 2 metres adjacent to the kerbline where no footpaths or\nalternative pathways exist is maintained;\n(vi) unobstructed access around signs, water meters, telecommunications pits, fire hydrants\nand manhole covers must be maintained; and\n(vii) there is adequate access to the letterbox for mail delivery.\n(2) The following requirements also apply—\n(a) verges cannot consist of more than 50% of hardstand area, including crossovers and\nfootpaths, except in the case of verges which are less than 1.5 metres wide not including the\nwidth of footpath where it is not possible to maintain a natural lawn or garden;\n(b) a street tree is required where—\n(i) a footpath abuts a property boundary and the remaining verge area width is sufficient\nto accommodate the tree; and\n(ii) where hardstand is installed on the verge;\n(c) pavers used on the verge must be heavy duty and at least 60 millimetres thick; and\n(d) depending on tree species, a minimum distance of 1.5 metres between the trunk of a street\ntree and the installation of paving is required.\n(3) For the purposes of clause 7.7(2)(d), a person developing a verge may request the local government\nto assess the Tree Protection Zone for a thoroughfare.\n\n","sortOrder":24},{"sectionNumber":"2680","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2680 GOVERNMENT GAZETTE, WA 26 May 2017\n(4) An owner or occupier who installs and maintains a verge treatment shall—\n(a) be responsible for all or any damage or injury caused to any person or thing, including any\nstreet, pavement, footpath or crossing of any pipe or cable, and shall make good at such\nowner’s or occupier’s expense all such damage caused;\n(b) keep the verge treatment in good and tidy condition and ensure where the verge treatment is\na garden or a lawn that no obstruction of any sort is caused to any footpath, pavement or\nstreet;\n(c) lay, install or pave a hard surface with an acceptable material only;\n(d) not place any obstruction on or around any verge treatment; and\n(e) not water or maintain a verge treatment in such a manner as to cause a nuisance or\ninconvenience to any other person and in particular any person using any street or footpath\nor access way adjoining the verge.\n(5) If an owner or occupier fails to install or maintain a verge treatment in accordance with clause\n7.7(4), the local government may issue the owner or occupier with a notice requiring that person to\nmake good any breach of clause 7.7(4).\n7.8 Powers to carry out public works on verges\n(1) If the owner or occupier does not comply with a notice issued in accordance with clause 7.7(5), the\nlocal government may carry out any works to make good any breach of this local law, and the local\ngovernment or any other authority empowered by law to dig up a street may, without being liable to\ncompensate any person, dig up all or any part of a street and disturb any verge treatment placed\nthereon by an owner or occupier.\n(2) Where the local government or an authority empowered to do so under a written law disturbs a\nverge, the local government or the authority—\n(a) is not liable to compensate any person for that disturbance;\n(b) may backfill with sand, if necessary, any garden or lawn; and\n(c) is not liable to replace or restore any—\n(i) verge treatment and, in particular, any plant or any acceptable material or other hard\nsurface; or\n(ii) sprinklers, pipes or other reticulation equipment.\n7.9 Transitional\n(1) In this clause, repealed provisions means Part XIX of the City of Mandurah Consolidated Local\nLaws repealed by clause 1.4(a) which permitted certain types of verge treatments.\n(2) A verge treatment which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the repealed provisions,\nis to be taken to be a permissible verge treatment under this local law for so long as the verge\ntreatment remains of the same type and continues to comply with the repealed provisions.\nDivision 4—Property numbers\n7.10 Assignment of street numbering\n(1) The local government or an authorised person shall assign a street number to each property in a\nstreet, thoroughfare or way in the district having regard to its policy on street numbering so as to\nensure unambiguous and easy identification of every individual property.\n(2) The local government or an authorised person may from time to time assign another street\nnumber to a property instead of that which was previously assigned.\n7.11 Street number to be displayed\n(1) The owner or occupier of each property must display and maintain the current street number\nassigned by the local government in a conspicuous place on the front of the building, letterbox, fence\nor gate adjacent to the street fronting the property.\n(2) A sign painted on the kerb adjacent to a property depicting the street number is satisfactory for\nthe purposes of clause 7.11(1).\n7.12 Location of number not to be misleading\n(1) A person shall not place or display the street number of the property in such a location as to cause\nconfusion or be misleading.\n(2) A person shall not adopt, use or display a street number other than that street number assigned\nby the local government.\n(3) Where the location of a street number causes confusion or is misleading, or an unauthorised street\nnumber is being used or displayed on a property, the local government or an authorised person may\nserve notice in writing on the owner or occupier of the land specifying remedial action to be taken and\nthe time within which action must be taken.\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2681\nDivision 5—Fencing\n7.13 Public place—clause 4(1) of Division 1, Schedule 3.1 of the Act\nEach of the following places is specified as a public place for the purpose of clause 4(1) of Division 1 of\n","sortOrder":25},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"1 of the Act—","content":"Schedule 3.1 of the Act—\n(a) a public place, as that term is defined in clause 1.5; and\n(b) local government property.\n","sortOrder":26},{"sectionNumber":"Div 6","sectionType":"division","heading":"Signs erected by the local government","content":"Division 6—Signs erected by the local government\n7.14 Signs\n(1) The local government may erect a sign on a public place specifying any conditions of use which\napply to that place.\n(2) A person must comply with a sign erected under clause 7.14(1).\n(3) A condition of use specified on a sign erected under clause 7.14(1) is to be for the purpose of giving\nnotice of the effect of the provision of a local law.\n7.15 Transitional\nWhere a sign erected on a public place has been erected under a local law of the local government\nrepealed by this local law, then on and from the commencement day, it is to be taken to be a sign\nerected under clause 7.14 if the sign is not inconsistent with any provisions of this local law.\nPART 8—ADVERTISING DEVICES ON OR IN LOCAL GOVERNMENT PROPERTY OR\nPUBLIC PLACES\n8.1 Relationship with planning scheme\nThe provisions of the local government’s planning scheme and the terms of any development approval\nissued pursuant to that planning scheme will prevail over the provisions of Part 8 of this local law in\nthe event of any inconsistency.\n8.2 General prohibitions\n(1) A person must not erect, place, post, paint or affix any advertising sign on, in or over local\ngovernment property or a public place other than in accordance with this local law.\n(2) Subject to clauses 8.3 to 8.7, a person must not, unless authorised by the local government in\nwriting or a written law, erect or place an advertising sign on or in local government property or a\npublic place—\n(a) within 30 metres of a similar or identical advertising sign erected or placed for the same\npurpose;\n(b) over any footpath where the resulting vertical clearance between the advertising sign is less\nthan 2.5 metres;\n(c) on any roundabout;\n(d) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the\nstructural approaches to a bridge;\n(e) on—\n(i) the estuary bridge on Mandurah Road;\n(ii) the Old Mandurah Bridge, or its replacement;\n(iii) all fencing on the intersection of Mandurah Terrace and Pinjarra Road; or\n(iv) on any pedestrian overpass bridges in the District; or\n(f) in any location where, in the opinion of the local government, the advertising sign or portable\ndirection sign is likely to—\n(i) obstruct or impede the reasonable use of a thoroughfare or access to a place by any\nperson;\n(ii) obstruct a line of sight of drivers of vehicles along a thoroughfare, verge or vehicle\ncrossing; or\n(iii) create a hazard for any person using the thoroughfare or verge, including by\nobstructing or impeding the vision of a driver of a vehicle entering or leaving a\nthoroughfare or vehicle crossing.\n(3) Public liability insurance in respect of the erection or placement of the advertising sign must be\nobtained if required by the local government.\n8.3 Public interest signage\n(1) Public interest signage is subject to the general prohibitions outlined in clause 8.2.\n(2) A person must not erect or display a public interest sign on or in any local government property or\na public place unless that person has a permit issued by the local government for that purpose.\n(3) A permit holder must not erect or display on or in local government property or a public place—\n(a) subject to clause 8.3(3)(b), more than 6 public interest signs for one event at any one time\nwithin the district;\n(b) more than 10 public interest signs for one event on the day on which the event is taking place\nwithin the district;\n\n","sortOrder":27},{"sectionNumber":"2682","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2682 GOVERNMENT GAZETTE, WA 26 May 2017\n(c) more than one public interest sign for one event on or in the same location, including an\nintersection, within the district;\n(d) subject to clause 8.3(3)(e), a public interest sign for a period longer than 10 days in any\n6 month period within the district;\n(e) a public interest sign for an event that occurs on a regular basis for a period longer than\n3 days prior to the day on which the event takes place within the district;\n(f) a public interest sign which is, at the absolute discretion of the local government, not of a\nprofessional standard and quality;\n(g) a public interest sign in a position which—\n(i) creates a hazard for pedestrians; or\n(ii) causes interference with the clear visual lines of sight required by motorists for the safe\nmovement of vehicular traffic,\nunless permitted by the terms and conditions of a permit;\n(h) a public interest sign with colours that may cause confusion for motorists approaching an\nintersection controlled by traffic lights;\n(i) a public interest sign which is not maintained in a good and orderly manner for the duration\nof the period that the public interest sign is on display;\n(j) a public interest sign that exceeds dimensions of 2 metres long x 1 metre high, unless\npermitted by the terms and conditions of a permit;\n(k) on a verge, a public interest sign which is—\n(i) less than 3 metres from the kerb line;\n(ii) if there is no kerb line, less than 3 metres from the edge line or the edge of the seal\nwhere there is no edge line; and\n(iii) less than 80 metres from the projection of the nearest kerb line of any intersecting\nroad; or\n(l) a public interest sign which is tied or secured to power poles or street lights, unless permitted\nby Western Power.\n(4) The local government may approve an advertising sign, that is not public interest signage,\nassociated with an event in accordance with this local law, subject to any condition imposed by the\nlocal government.\n8.4 Home open signs, display home signs and garage sale signs\n(1) Home open signs, display home signs and garage sale signs are subject to the general prohibitions\noutlined in clause 8.2.\n(2) A person must not erect or display a home open sign, display home sign or garage sale sign—\n(a) which is constructed from a hard or sharp material that may create a hazard to pedestrians\nor road users should the sign be hit, knocked or blown over in the wind;\n(b) which exceeds 0.6 square metres in area per sign face;\n(c) which contains more than 2 sign faces;\n(d) which exceeds 0.9 metres in height above the surrounding ground level or pavement;\n(e) within 10 metres from any intersection;\n(f) within 2 metres of any vehicle crossover;\n(g) which exceeds 3 signs per individual home open, display home or garage sale, including the\nsign placed on the property on which the sale is being conducted or displayed;\n(h) which is not free-standing and is affixed to any existing sign, post, power or light pole, or\nother structure;\n(i) at a time other than—\n(i) when the relevant home is open for inspection or garage sale is manned and goods are\nbeing offered for sale; and\n(ii) one hour before and after the home is open for inspection of garage sale is manned and\ngoods are being offered for sale;\n(j) on a constructed footpath or within one metre of the road edge;\n(k) which is more than 1 kilometre away from the property which is open for inspection or which\nis holding the garage sale; and\n(l) within the road reserves of Pinjarra Road, Mandurah Road, Old Coast Road, Mandjoogoordap\nDrive or in the centre of a road where the road is divided by a traffic island.\n(3) The local government may exempt a person from the requirements of clause 8.4(1) on the\napplication of that person.\n8.5 Other Portable Signs\n(1) Other portable signs are subject to the general prohibitions outlined in clause 8.2.\n(2) Subject to clause 8.7 any other portable sign shall—\n(a) not exceed 1.2 metres in height above the finished ground or pavement level;\n(b) not contain more than 2 sign faces;\n(c) not exceed 1 square metre total area on any single sign face;\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2683\n(d) not be illuminated or incorporate reflective or fluorescent materials;\n(e) not have moving parts once the sign is in place;\n(f) contain writing that is of a professional standard and quality, and is appropriately\nmaintained;\n(g) in the case of any other portable sign relating to a business, only incorporate the name of the\nbusinesses operating from the lot and must not incorporate brand advertising;\n(h) only be erected and displayed on pedestrian areas with the sign faces directed at pedestrians\nand not at drivers;\n(i) not be erected and displayed within regional road reservations, as defined by the local\ngovernment’s planning scheme;\n(j) in the case of an other portable sign relating to a business—\n(i) be displayed in a location immediately adjacent to the business premises to which the\nsign relates; and\n(ii) be removed at the close of trading each day and not displayed again until the business\nopens for trading the next day;\n(k) not be erected or displayed so as to impede the reasonable use of local government property or\na public place;\n(l) not be erected or displayed within 1.8 metres of an intersection or crossover;\n(m) not be fixed or attached to a building, wall, fence, pole, tree or other structure within a road\nreserve; and\n(n) be removed and relocated at the request of a person authorised for the purpose of a special\nevent, parade, road or footpath works, or other event.\n(3) A person can only erect one other portable sign per business.\n(4) A person can only erect an other portable sign on a verge of a road which is under the care, control\nand management of the local government if—\n(a) that person has provided the local government with a current certificate for public liability\ninsurance to an amount not less than $10 million, which notes that the cover extends to any\nsign that is located within a road reserve, and maintains that public liability insurance for\nthe duration that the portable sign is so displayed;\n(b) the portable sign is to be erected and displayed adjacent to and between the front of the\nbusiness premises and the nearest kerb, as approved by the local government in writing;\n(c) no part of the sign is to be less than 600 millimetres from the face of the nearest kerb or, if no\nkerb, from the edge of the nearest road surface or car parking bay; and\n(d) the effective width of a footpath, pedestrian access way or similar access route is not reduced\nto less than 2 metres effective width.\n8.6 Seafood signage\n(1) Seafood signage is subject to the general prohibitions outlined in clause 8.2.\n(2) A person must not erect or display a seafood sign—\n(a) which is not, at the absolute discretion of the local government, of a professional standard\nand quality;\n(b) in a position which—\n(i) creates a hazard for pedestrians; or\n(ii) causes interference with the clear visual lines of sight required by motorists for the safe\nmovement of vehicular traffic;\n(c) with colours that cause confusion for motorists approaching an intersection controlled by\ntraffic lights;\n(d) which is not maintained in a good and orderly manner for the duration of the period that the\nseafood sign is on display;\n(e) that exceeds dimensions of 2 metres long x 1 metre high, unless otherwise authorised in\nwriting by the local government;\n(f) on a verge, which is—\n(i) less than 3 metres from the kerb line;\n(ii) if there is no kerb line, less than 3 metres from the edge line or the edge of the seal\nwhere there is no edge line; and\n(iii) less than 80 metres from the projection of the nearest kerb line of any intersecting\nroad; or\n(g) a seafood sign which is tied or secured to power poles or street lights, unless permitted by\nWestern Power.\n(3) A person must not erect or display a seafood sign which is a direction sign to a seafood business—\n(a) unless the premises at which the fresh local seafood is being sold has all required approvals\nfrom the local government;\n(b) unless the premises at which the fresh local seafood is being sold is not in, or part of a retail\nbuilding or complex which permits greater levels of signage on the building and property;\n\n","sortOrder":28},{"sectionNumber":"2684","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2684 GOVERNMENT GAZETTE, WA 26 May 2017\n(c) unless there is a clear sign displayed at the premises at which the fresh local seafood is being\nsold in accordance with any written law and the local government’s planning scheme;\n(d) unless the seafood business operates for no less than 5 days per week during a fishing season,\nof which one of those days must be a weekend day;\n(e) during any period where the seafood business is intended to be closed for more than one\nmonth, unless otherwise authorised in writing by the local government;\n(f) if the direction sign is to be installed on a road that is under the care and control of the\nCommissioner of Main Roads WA, without the approval of the Commissioner of Main Roads\nWA for the installation of the direction sign;\n(g) if there is already one direction sign for the same purpose at any intersection, except where\nthe road on which the direction sign is being erected or displayed is a divided road, in which\ncase 2 signs may be considered; and\n(h) on a maximum of two intersections providing directions to the premises at which the seafood\nbusiness operates, unless otherwise authorised in writing by the local government.\n8.7 Election advertising\n(1) Election advertising is subject to the general prohibitions outlined in clause 8.2.\n(2) If the local government approves an application for a permit for the erection or placement of an\nelection sign on a thoroughfare, the application is to be taken to be approved subject to the sign—\n(a) being erected at least 30m from any intersection;\n(b) being free standing and not being affixed to any existing sign, post, power or light pole, or\nsimilar structure;\n(c) being placed so as not to obstruct or impede the reasonable use of a thoroughfare, or access to\na place by any person;\n(d) being placed so as not to obstruct or impede the vision of a driver of a vehicle entering or\nleaving a thoroughfare or crossing;\n(e) being maintained in good condition;\n(f) not being erected until 6 weeks prior to the election to which it relates has been officially\nannounced;\n(g) being removed within 72 hours of the close of polls on voting day;\n(h) not being placed within 100m of any works on the thoroughfare;\n(i) being securely installed;\n(j) not being an illuminated sign;\n(k) not incorporating reflective or fluorescent materials; or\n(l) not displaying only part of a message which is to be read with other separate signs in order to\nobtain the whole message.\n8.8 Notification regarding removal and impounding of advertising signs\n(1) An authorised person may issue a person who has erected or placed an advertising sign on or in\nlocal government property or a public place with a notice requiring that person to remove the\nadvertising sign within 24 hours, or earlier if, at the absolute discretion of the local government or an\nauthorised person, the advertising sign is a potential hazard or nuisance to members of the public.\n(2) An authorised person may remove or impound an advertising sign that has been erected or placed\non or in local government property or a public place contrary to this local law.\n8.9 Advertising sign to be marked\nEach advertising sign erected in or on local government property or a public place shall be clearly\nmarked with the name of the person, organisation or business who erected the advertising sign.\n8.10 Person or business taken to own advertising sign\nIn the absence of any proof to the contrary, an advertising sign is to be taken to belong to the person,\norganisation or business whose name is marked on the advertising sign.\n8.11 Insurance\nIf a person is required by the local government to hold public liability insurance in respect of the\nerection or placement of an advertising sign on or in local government property or a public place, that\nperson must present an authorised person with a current certificate of public liability insurance upon\nthe direction of the authorised person.\nPART 9—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS ON OR IN\nLOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES\nDivision 1—Animals\n9.1 Leaving an animal on local government property or in a public place\nA person must not leave an animal on local government property or a public place so that it obstructs\nthe use of any part of that local government property or public place unless that person—\n(a) has first obtained a permit; or\n(b) is authorised to do so under a written law or a determination made under this local law.\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2685\n9.2 Prohibitions relating to animals\n(1) In this clause, owner in relation to an animal includes—\n(a) the owner of the animal;\n(b) a person who has the animal in his or her possession or under his or her control; or\n(c) the occupier of any premises where the animal is ordinarily kept or ordinarily permitted to\nlive.\n(2) An owner of an animal must not—\n(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the\nthoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in or\non local government or a public place;\n(c) train or race the animal on a thoroughfare; or\n(d) subject to clause 9.2(4), allow the animal to defecate on local government property or in a\npublic place.\n(3) An owner of a horse must not lead, ride or drive the horse on a thoroughfare in a built-up area,\nunless the person does so under a permit or under the authority of a written law.\n(4) An owner of an animal does not commit an offence if the defecation is immediately removed.\n9.3 Removal of animals\nAn authorised person may impound an animal left on or in local government property or a public\nplace contrary to clause 9.1.\nDivision 2—Vehicles\n9.4 Leaving a vehicle in a public place\nA person must not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the\nuse of any part of that public place, unless that person has first obtained a permit from the local\ngovernment or is authorised to do so under a written law.\nDivision 3—Shopping trolleys\n9.5 Shopping trolley to be marked\nA retailer shall clearly mark its name or its trading name on any shopping trolley made available for\nthe use of customers.\n9.6 Person not to leave shopping trolley in a public place\nA person shall not leave or discard a shopping trolley on local government property or in a public\nplace other than in an area designated for the storage of shopping trolleys.\n9.7 Abandoned shopping trolley\nIf a shopping trolley is found discarded on local government property or in a public place, other than\nin an area designated for the storage of shopping trolleys, the local government may assume that the\nshopping trolley has been abandoned.\n9.8 Retailer taken to own shopping trolley\nIn the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer\nwhose name is marked on the shopping trolley.\n9.9 Shopping trolley to be removed by retailer\nWhere a shopping trolley is found abandoned on local government property or in a public place and\nthe retailer has been advised verbally or in writing of its location by the local government, the retailer\nshall remove the shopping trolley from the public place within 3 hours of being advised.\n9.10 Impounding of abandoned shopping trolley\nAn authorised person may impound a shopping trolley that is—\n(a) left on a thoroughfare, verge or local government property that is found to be abandoned in\naccordance with clause 9.7; and\n(b) marked in accordance with clause 9.5.\n9.11 Retailer to be notified\nThe retailer shall be notified in writing prior to the disposal of the shopping trolley.\nPART 10—TRADING IN PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY\nDivision 1—Traders and street markets\n10.1 Restrictions and requirement to obtain a permit\n(1) A person must not carry on trading on local government property or in a public place unless—\n(a) subject to clause 10.1(2), that person is—\n(i) the holder of a permit for that purpose; or\n(ii) an assistant specified in a permit for trading; and\n\n","sortOrder":29},{"sectionNumber":"2686","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2686 GOVERNMENT GAZETTE, WA 26 May 2017\n(b) if required by the local government, public liability insurance in respect of the trading activity\nhas been taken out by the relevant permit holder; and\n(c) if the person is trading in food, the place of trading must have access to a supply of potable\nwater and/or a sewer for the disposal of waste water.\n(2) The local government may by written notice exempt a person or class of persons from the need to\nobtain a permit.\n(3) In determining whether to grant an exemption under clause 10.1(2), the local government may\nhave regard to the matters set out in any local government policy.\n10.2 Exemptions from requirement to pay a fee\n(1) The local government may waive any fee required to be paid by an applicant for a permit for the\npurpose of trading on the application if the trading is carried on—\n(a) at a portion of local government property or a public place adjoining the normal place of\nbusiness of the applicant; or\n(b) by a charitable organisation that—\n(i) does not sublet space to commercial participants;\n(ii) does not involve commercial participants in the conduct of the stall or trading; and\n(iii) operates under a permit where any assistants specified in the permit are members of\nthat charitable organisation.\n(2) In this clause 10.2, commercial participant means any person who is involved in operating or in\nconducting any trading activity for personal gain or profit.\n10.3 Insurance\nIf required by the local government to hold public liability insurance in respect of the permit holder’s\ntrading activities, a permit holder must produce to an authorised person a current certificate of\ninsurance upon the direction of that authorised person.\n10.4 When a permit is required for a street market\nA person must not conduct a street market on a public place or on local government property—\n(a) without a valid permit for that purpose; and\n(b) unless, if required by the local government, the holder of the permit has taken out public\nliability insurance in respect of the street market.\nDivision 2—Street entertainers\n10.5 When a permit is required\nA person must not perform on or in local government property or a public place without a permit for\nthe purpose of street entertaining.\n10.6 Variation of permitted area and permitted time\n(1) The local government may by notice in writing to a person holding a permit for the purpose of\nstreet entertaining vary—\n(a) the permitted area;\n(b) the permitted time; or\n(c) both the permitted area and the permitted time.\n(2) The local government or an authorised person may direct a holder of a permit for street\nentertaining to move from one permitted area to another permitted area if more than one area is\nspecified in the permit.\n10.7 Duration of a permit for street entertaining\nA permit for street entertaining is valid for the period of time specified in the permit, unless it is\ncancelled earlier in accordance with this local law.\n10.8 Cancellation of a permit for street entertaining\nThe local government may cancel a permit for street entertaining if, in its opinion or in the opinion of\nan authorised person—\n(a) the volume of sound caused by the permit holder in connection with the performance\nadversely affects the enjoyment, convenience or comfort of other persons or businesses in a\npublic place; or\n(b) the performance otherwise constitutes a nuisance.\n10.9 Obligations of a permit for street entertaining\nA person holding a permit for street entertaining shall not, except with the written approval of the\nlocal government, in a public place or on local government property—\n(a) perform wearing dirty or ragged clothing;\n(b) use or fire any weapon or object with sharp edges;\n(c) perform any act that endangers the safety of the public;\n(d) perform any act of cruelty to an animal or dog;\n(e) have more than 4 people perform, unless otherwise authorised by the permit;\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2687\n(f) unless otherwise authorised by the permit, allow any person under the age of 14 years to\nperform—\n(i) during school hours on school days; and\n(ii) between 7.00pm and 6.00am;\n(g) sell or permit the sale of any music tapes, recordings, compact discs or merchandise unless\nauthorised by the local government;\n(h) act in an offensive or obscene manner;\n(i) place, install, erect, play or use any musical instrument or any device which emits music,\nincluding a loud speaker or an amplifier—\n(i) other than in the permitted area; and\n(ii) unless the musical instrument or device is specified in the permit; or\n(j) solicit money from members of the public.\nPART 11—ALFRESCO DINING ON OR IN LOCAL GOVERNMENT PROPERTY OR PUBLIC\nPLACES\n11.1 Permit required for alfresco dining area\n(1) In clause 11.1(2)(c)(ii), ‘private property’ means any property which is not local government\nproperty or a public place.\n(2) Subject to clause 11.1(3), a person must not establish or conduct an alfresco dining area in or on\nlocal government property or a public place—\n(a) unless the person has a permit for that purpose;\n(b) unless the person is the proprietor of a food business or is acting on behalf of the proprietor of\na food business;\n(c) other than in a portion of local government property or a public place which—\n(i) adjoins a food business; or\n(ii) is adjacent to or in the immediate vicinity of a food business, provided that if the\nportion of local government property or public place is adjacent to private property, the\nperson has the permission of the owner and occupier of that private property to\nestablish and conduct an alfresco dining area on that adjacent portion of local\ngovernment property or public place; and\n(d) unless the person has public liability insurance in respect of the establishment and conduct of\nthe alfresco dining area; and\n(e) other than in accordance with a permit.\n(3) The local government may exempt a person from any requirements in clause 11.1 on the\napplication of that person.\n11.2 Matters to be considered in determining an application\nIn determining an application for a permit to establish or conduct an alfresco dining area, the local\ngovernment may consider, in addition to the relevant considerations described in clause 12.3, whether\nor not—\n(a) the abutting food businesses are registered in accordance with the Food Act and whether the\nuse of the food premises is permitted under the planning scheme;\n(b) the alfresco dining area will comply with any other local law made by the local government\nunder the Act;\n(c) users of the alfresco dining area will have access to proper and sufficient sanitary and\nablutionary conveniences as per the Building Code of Australia;\n(d) the alfresco dining area would—\n(i) obstruct the visibility or clear sight lines for pedestrians and motorists at an\nintersection of thoroughfares; or\n(ii) impede pedestrian access;\n(e) the proposed furniture is unsuitable, including whether or not the tables, chairs and other\nequipment to be used may obstruct or impede the use of the local government property or\npublic place for the purposes for which it was designed;\n(f) any abutting food businesses provide sufficient car parking bays for customers of the alfresco\ndining area; and\n(g) the applicant is a fit and proper person.\n11.3 Obligations of a permit holder for an alfresco dining area\n(1) A holder of a permit for an alfresco dining area must—\n(a) display the permit in a conspicuous place in the alfresco dining area or in the abutting food\nbusiness and when requested by an authorised person or employee of the local government,\nproduce the permit to him or her;\n(b) ensure that the alfresco dining area is conducted at all times in accordance with the\nprovisions of—\n(i) this local law;\n\n","sortOrder":30},{"sectionNumber":"2688","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2688 GOVERNMENT GAZETTE, WA 26 May 2017\n(ii) any other local law made under the Act; and\n(iii) the Food Act;\n(c) ensure that the alfresco dining area is kept in a clean and tidy condition, including by\nmaintaining the chairs, tables and other structures in the alfresco dining area in a good,\nclean and serviceable condition at all times;\n(d) on the cancellation of the permit, the permit holder shall at his or her cost, reinstate or\nrestore the local government property or public place on which the alfresco dining area is\nestablished or conducted, to a condition consistent with the condition prior to the\ncommencement of the alfresco dining area; and\n(e) present an authorised person with a copy of a current certificate of public liability insurance\nupon the request of the authorised person.\n(2) If, at the absolute discretion of the local government, any work is required to be carried out to an\nalfresco dining area, the local government may give notice to the permit holder to carry out that work\nspecified within the notice within the time specified in the notice.\n(3) In this part, “work” includes the removal, alteration, repair, reinstatement or construction of a\nstreet or footpath or any part of a street or footpath arising from or in connection with the setting up\nor conduct of an alfresco dining area.\n11.4 Conditions on an alfresco dining area\nIn addition to the conditions described in clause 12.4, the local government may impose conditions or\ngrant an exemption on the grant of a permit for an alfresco dining area relating to—\n(a) the permit holder having non-exclusive rights to establish and conduct an alfresco dining\narea in the relevant area;\n(b) the colour, number, type, form and construction, as the case may be, of any furniture which\nmay be used in the alfresco dining area;\n(c) the care, maintenance and cleaning of any furniture used in the alfresco dining area;\n(d) the removal and storage of all furniture used in the alfresco dining area prior to the close of\nbusiness of the abutting food business on any day that the alfresco dining area is operating;\n(e) the removal of all furniture used in the alfresco dining area for the purposes of events or\nother activities of the local government;\n(f) the requirement to maintain pedestrian access between the alfresco dining area and an\nabutting food business;\n(g) the alfresco dining area not impeding or obstructing any local government property or public\nplace used by either pedestrians or vehicles;\n(h) the obtaining of public liability insurance in an amount and or terms reasonably required by\nthe local government;\n(i) the requirement to maintain clear sight lines for vehicles entering or leaving local\ngovernment property, a thoroughfare or a vehicle crossing; and\n(j) the payment of costs associated with the local government preparing the local government\nproperty or public place for use as an alfresco dining area including the reshaping of\nfootpaths and marking the boundaries of the alfresco dining area.\n11.5 No smoking areas\nSubject to this local law if a permit is granted under this local law in respect of an alfresco dining\narea—\n(a) the alfresco dining area is deemed to be a no smoking area; and\n(b) a person shall not smoke a tobacco product while in the alfresco dining area.\n11.6 Removal of an unlawfully conducted alfresco dining area\n(1) Where an alfresco dining area is conducted without a permit or in contravention of the terms or\ncondition of a permit—\n(a) an authorised person may direct a person or the holder of the permit to remove any tables,\nchairs, umbrellas or other equipment; and\n(b) any tables, chairs, umbrellas or other equipment may be removed by an authorised person\nand impounded in accordance with the Act.\n(2) If an authorised person directs a person or the holder of the permit to remove any tables, chairs,\numbrellas or other equipment, that person must comply with the direction of the authorised person.\n11.7 Temporary removal of an alfresco dining area\n(1) The holder of a permit for an alfresco dining area must temporarily remove the alfresco dining\narea when requested to do so on reasonable grounds by an authorised person or a member of the\npolice service or an emergency service.\n(2) The holder of a permit for an alfresco dining area may replace the alfresco dining area removed\nunder clause 11.7(1) as soon as the person who directed him or her to remove it allows it to be\nreplaced.\n11.8 Change of ownership of an alfresco dining area\nWhere the ownership of a food business subject to an alfresco dining permit changes, the new owner\nmust notify the local government within 2 weeks of the change of ownership.\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2689\n11.9 Terms and validity of an alfresco dining permit\nExcept where otherwise stated in the local law or on the permit an alfresco dining permit remains\nvalid until—\n(a) the proprietor of the food business changes;\n(b) approved changes are made to an existing licence, including increase or reduction in area\nsubject of the licence, or conditions under which the licence was granted;\n(c) the public liability insurance policy required in accordance with 11.4(h) lapses, is cancelled or\nis no longer in operation;\n(d) the permit is cancelled by the local government.\n","sortOrder":31},{"sectionNumber":"Part 12","sectionType":"part","heading":"PERMITS","content":"PART 12—PERMITS\nDivision 1—Applying for a permit\n12.1 Application for a permit\n(1) A person who is required to obtain a permit under this local law must apply for the permit in\naccordance with clause 12.1(2).\n(2) An application for a permit under this local law must—\n(i) be in the form determined by the local government;\n(ii) state the full name and address of the applicant;\n(iii) be signed by the applicant;\n(iv) in the case of an application for a permit for an alfresco dining area, be signed by the\nproprietor of the abutting food business adjacent to the portion of the local government\nproperty or public place to which the application relates;\n(v) contain the information required by the form;\n(vi) contain any other information required for that particular type of permit under this local law;\nand\n(vii) be forwarded to the local government together with any fee imposed and determined by the\nlocal government under and in accordance with sections 6.16 to 6.19 of the Act.\n(3) An application for a permit for the purposes of conducting trading or a street market on or in local\ngovernment property or a public place must contain the following additional information (as\napplicable)—\n(a) the proposed number of assistants, if any, to be engaged by the applicant in trading or the\nstreet market, as well as their full names and addresses;\n(b) details of any location in which the applicant proposes to trade or conduct a street market;\n(c) the period of time for which the permit is sought, together with the proposed days and hours\nof operation of the street market;\n(d) the proposed goods and services which will be traded or sold by the trader or at a street\nmarket; and\n(e) details of any proposed structure, stall or vehicle which may be used in conducting the\ntrading or street market and a plan showing where any such structure, stall or vehicle will be\nlocated.\n(4) An application for a permit for the purposes of an alfresco dining area must contain the following\nadditional information—\n(a) two copies of a plan and specifications of the proposed alfresco dining area on a scale of 1:50\nshowing—\n(i) the location and dimensions of the proposed alfresco dining area and the means by\nwhich the alfresco dining area is to be separated from the balance of the local\ngovernment property or public place; and\n(ii) the position of all tables, chairs and other structures proposed to be provided in the\nalfresco dining area and which of such items, if any, are to be retained within the\nalfresco dining area at all times;\n(b) a colour photograph(s) or brochure(s) of the tables, chairs and other structures to be set up in\nthe alfresco dining area;\n(c) a description of the manner in which foodstuffs and other dining accessories are to be\nconveyed to, and protected from contamination within, the alfresco dining area; and\n(d) details regarding the public liability insurance taken out or to be taken out by the applicant\nin respect of the alfresco dining area.\n(5) The local government may refuse to consider an application for a permit which does not satisfy the\nrequirements within clause 12.1(2).\n(6) The local government may require an applicant to give local public notice of the application for the\npermit.\n12.2 Decision on application for permit\n(1) The local government may—\n(a) approve an application for a permit;\n\n","sortOrder":32},{"sectionNumber":"2690","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2690 GOVERNMENT GAZETTE, WA 26 May 2017\n(b) approve an application for a permit subject to conditions; or\n(c) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit with or without conditions, it must\nissue to the applicant a permit in the form approved by the local government.\n(3) Where the local government approves an application for a permit for an alfresco dining area with\nor without conditions, the local government must attach to the permit a plan showing the area where\nthe alfresco dining area may be conducted, which will then form part of the permit.\n(4) If the local government refuses to approve an application for a permit, it must give written notice\nof that refusal to the applicant.\n(5) Where a clause of this local law refers to conditions which may be imposed on a permit or the\ngrounds on which an application for a permit may be refused, the clause does not limit the power of\nthe local government to impose other conditions on the permit or to refuse the application for a permit\non other grounds.\n12.3 Relevant considerations in determining application for granting a permit\n(1) In determining an application for a permit, the local government is to have regard to—\n(a) any relevant local government policies;\n(b) the Competition Principles Agreement;\n(c) the desirability of the proposed activity;\n(d) the location of the proposed activity, including safety and health requirements, and the\ncharacter and function of, the location; and\n(e) such other matters as the local government considers relevant.\n(2) A local government may refuse to approve an application for a permit on any one or more of the\nfollowing grounds—\n(a) the application is inconsistent with a local government policy or would result in an activity\nbeing carried out contrary to this local law or any other written law;\n(b) the applicant has committed a breach of any provision of this local law or of any other written\nlaw relevant to the activity in respect of which the permit is sought;\n(c) the applicant is not a desirable or suitable person to hold a permit;\n(d) the applicant is insolvent or under administration;\n(e) the activity may result in traffic and pedestrian safety being adversely impacted;\n(f) the activity is not in keeping with the surrounding land uses; or\n(g) such other grounds as the local government considers relevant.\nDivision 2—Conditions on a permit\n12.4 Examples of conditions\nThe local government may impose conditions on a permit relating to—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit, including the days and hours within which\nthe activity the subject of the permit may be carried out or is prohibited;\n(c) the commencement of the permit being contingent on the happening of an event;\n(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(e) the area or specific location within the district to which the permit applies, including any set\nback distances applicable to the activity;\n(f) the payment of a bond against possible damage, cleaning or other expenses;\n(g) the obtaining of public liability insurance in an amount and on terms reasonably required by\nthe local government;\n(h) the provision of an indemnity from the permit holder indemnifying the local government in\nrespect of any injury to any person or any damage to any property which may occur in\nconnection with the use of the public place or local government property by the permit holder;\n(i) if the permit relates to the trading of food, the provisions to be made for the storage of cooked\nand uncooked food, and the storage and disposal of waste water; and\n(j) any other matter that the local government considers fit or appropriate.\n12.5 Compliance with and variations to terms and conditions\n(1) A permit holder must comply with any terms and conditions imposed on a permit, including any\nconditions as varied.\n(2) A permit holder may apply to the local government to vary or remove any conditions imposed on a\npermit.\n(3) In determining whether to vary any condition imposed on a permit, the local government must\nhave regard to any relevant local government policy.\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2691\nDivision 3—General\n12.6 Duration of permit\n(1) A permit is valid for one year from the date on which it is issued unless it is—\n(a) otherwise stated in this local law or in the terms and conditions of the permit; or\n(b) cancelled under clause 12.10.\n12.7 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of a permit.\n(2) The provisions of this Part 12 regarding an application for a permit apply to an application for the\nrenewal of a permit with any necessary modifications.\n12.8 Transfer of permit\n(1) An application may be made to the local government to transfer a valid permit.\n(2) An application to transfer a permit must—\n(i) be made in writing;\n(ii) be signed by the permit holder and the proposed transferee for the permit;\n(iii) provide such information as the local government may require to enable the application to be\ndetermined; and\n(iv) be forwarded to the local government together with any fee imposed and determined by the\nlocal government under and in accordance with sections 6.16 to 6.19 of the Act.\n(3) The local government may—\n(i) approve an application for the transfer of a permit;\n(ii) approve an application for the transfer of a permit subject to conditions; or\n(iii) refuse an application to transfer a permit.\n(4) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by—\n(i) an endorsement on the permit signed by the Chief Executive Officer or an authorised person;\nor\n(ii) issuing to the transferee a permit in the form determined by the local government.\n(5) Where the local government approves an application for the transfer of a permit, it is not required\nto refund any part of any fee paid by the former permit holder.\n(6) Alfresco dining permits are non-transferable.\n12.9 Production of permit\nA permit holder must produce to an authorised person his or her permit immediately on being\ndirected to do so by that authorised person.\n12.10 Cancellation or suspension of permit\n(1) Subject to clause 13.1, a permit may be cancelled by the local government if—\n(a) the permit holder has not complied with a condition of the permit;\n(b) the permit holder has not complied with a provision of any written law which relates to the\nactivity regulated by the permit; or\n(c) the permit holder has transferred or assigned or sought to transfer or assign the permit\nwithout the approval of the local government; or\n(d) a law is amended or repealed in a manner which is inconsistent with the terms and\nconditions of the permit and which renders the permit invalid, ineffective or contrary to law.\n(2) If a permit is cancelled under clause 12.10(1), the permit holder—\n(a) must return the permit to the local government as soon as practicable; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\n(3) The local government may cancel or suspend a permit if the local government or a utility requires\naccess to or near the place to which a permit applies for the purposes of carrying out works in or near\nthe vicinity of that place.\n(4) On the cancellation or suspension of a permit under clause 12.10(3), the permit holder is, subject\nto clause 12.10(5), to be taken to have forfeited any fees paid in respect of the permit.\n(5) Where a permit is cancelled or suspended under clause 12.10(3) through no fault of the permit\nholder, the local government may refund to the permit holder all or part of the fees paid in respect of\nwhat would otherwise have been the remaining term of the permit.\n12.11 Nominee of permit holder\nWhere a permit holder by reason of illness, accident or other sufficient cause is unable to comply with\nthis local law, the local government may, at the request of the permit holder, authorise another\nperson to be a nominee of the permit holder for a specified period, and this local law and the\nconditions of the permit apply to the nominee as if he or she was the permit holder.\n\n","sortOrder":33},{"sectionNumber":"2692","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2692 GOVERNMENT GAZETTE, WA 26 May 2017\n","sortOrder":34},{"sectionNumber":"Part 13","sectionType":"part","heading":"OBJECTIONS AND APPEALS","content":"PART 13—OBJECTIONS AND APPEALS\n13.1 Objection and appeal rights\nWhere the local government makes a decision as to whether it will—\n(a) grant a person a permit or consent; or\n(b) renew, vary or cancel a permit or consent that a person has under this local law,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that\ndecision.\n","sortOrder":35},{"sectionNumber":"Part 14","sectionType":"part","heading":"MISCELLANEOUS","content":"PART 14—MISCELLANEOUS\nDivision 1—Authorised person\n14.1 Authorised person to be obeyed\nA person in or on local government property or a public place—\n(a) must obey any lawful direction of an authorised person; and\n(b) must not in any way obstruct or hinder an authorised person in the execution of his or her\nduties.\n14.2 Persons may be directed to leave local government property or a public place\nAn authorised person may direct a person to leave local government property or a public place where\nhe or she reasonably suspects that the person has contravened a provision of this local law.\nDivision 2—Notices\n14.3 Liability for damage to local government property or a public place\n(1) Where a person unlawfully damages local government property or a public place, the local\ngovernment may by notice in writing to that person require that person within the time specified in\nthe notice to, at the option of the local government, pay the costs of—\n(a) reinstating the property to the state it was in prior to the occurrence of the damage; or\n(b) replacing that property.\n(2) On a failure to comply with a notice issued under clause 14.3(1), the local government may recover\nthe costs referred to in the notice as a debt due to it.\n14.4 Notice to redirect or repair sprinklers\nWhere a lawn or garden is being watered with a sprinkler, which is on the lawn or the garden, in a\nmanner which causes or may cause an inconvenience or obstruction to any person using a\nthoroughfare, the local government or an authorised person may give a notice to the owner or the\noccupier of the land abutting the lawn or the garden requiring the owner or the occupier or both to\nmove or alter the direction of the sprinkler or other watering equipment.\n14.5 Notice to remove thing unlawfully placed on thoroughfare\nWhere any thing is placed on a thoroughfare contrary to this local law, the local government or an\nauthorised person may give a notice to—\n(a) the owner or the occupier of the property which abuts that portion of the thoroughfare where\nthe thing has been placed; or\n(b) such other person who may be responsible for the thing being so placed,\nrequiring the relevant person to remove the thing.\n14.6 Notice to repair damage to thoroughfare\nWhere any portion of a thoroughfare has been damaged, the local government or an authorised person\nmay by notice to the person who caused the damage order the person to repair or replace that portion\nof the thoroughfare.\n14.7 Hazardous plants\n(1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the\nlocal government may give a notice to the owner or the occupier of the land abutting the garden to\nremove, cut, move or otherwise deal with that plant so as to remove that hazard.\n(2) Clause 14.7(1) does not apply where the plant was planted by the local government.\nDivision 3—Lost property\n14.8 Lost property and unclaimed property in a locker\n(1) A person who finds an article which may have been left on or lost by another person on local\ngovernment property must immediately deliver that article to a manager, attendant or other\nemployee of the local government.\n(2) If an article in a locker is not claimed or collected at the expiry of the period of hire or before the\nclose of operations of the local government property or public place on the date of hire, the article may\nbe removed by an attendant or authorised person.\n(3) In respect of any article removed from a locker or otherwise left on local government property, an\nauthorised person, manager or attendant must record in the unclaimed property register—\n(a) a description of the relevant article;\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2693\n(b) the time and date when the article was removed from the locker or identified; and\n(c) if an original receipt exists in respect of the hire of the locker, the time and date recorded on\nthat original receipt.\n(4) An authorised person, manager or attendant must ensure that an article removed from the locker\nor otherwise left on local government property is stored at a place for storing lost property determined\nby the local government.\n(5) An authorised person, manager or attendant may deliver to a person an article recorded in the\nunclaimed property register provided that the attendant or authorised person has received—\n(a) satisfactory evidence of the person’s right to obtain the article;\n(b) an accurate description of the article being claimed; and\n(c) payment of any outstanding fees or storage charges.\n(6) A person who receives delivery of an article from the unclaimed property register must, by way of\nacknowledging receipt of the article, write his or her name and address and sign his or her name in\nthe unclaimed property register.\n(7) If an article is not claimed or collected within a period of 1 month the local government may\ndispose of the article in any manner that the local government sees fit.\n(8) This clause will not apply where a local government considers an item left on local government\nproperty or a public place to be, in its absolute discretion, suspicious or dangerous.\n","sortOrder":36},{"sectionNumber":"Part 15","sectionType":"part","heading":"ENFORCEMENT","content":"PART 15—ENFORCEMENT\nDivision 1—Notices given under this local law\n15.1 Offence to fail to comply with a notice\nA person who fails to comply with a notice given to him or her under this local law commits an\noffence.\n15.2 Local government may undertake requirements of a notice\nIf a person fails to comply with a notice given to him or her under this local law, the local government\nmay do, or arrange to be done, the thing specified in the notice and recover from the person to whom\nthe notice was given, as a debt, the costs incurred in doing so.\nDivision 2—Offences and penalties\n15.3 Offences and general penalty\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law; or\n(b) does an act or omits to do an act contrary to this local law,\ncommits an offence.\n(2) A person who commits an offence under this local law is liable, upon conviction to—\n(a) a penalty not exceeding $5,000; and\n(b) if the offence is a continuing offence, an additional penalty not exceeding $500 for each day or\npart of a day during which the offence has continued.\n15.4 Prescribed offences\n(1) An offence against an item specified in Schedule 1 is a prescribed offence for the purposes of\nsection 9.16 of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the item\nin Schedule 1.\n15.5 Form of notices\n(1) For the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice give under section 9.16 of the Act is that of Form 2 in\n","sortOrder":37},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"of the Regulations; and","content":"Schedule 1 of the Regulations; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Regulations.\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\nDivision 3—Person to give name and address on demand\n15.6 Requirement to give name and address on demand\n(1) An authorised person may—\n(a) upon finding a person committing or having committed; or\n(b) on reasonable grounds suspecting a person of having committed,\nan offence against this local law, demand from the person the person’s name, place of residence and\ndate of birth.\n\n","sortOrder":38},{"sectionNumber":"2694","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2694 GOVERNMENT GAZETTE, WA 26 May 2017\n(2) A person from whom information is demanded in accordance with clause 15.6(1) commits an\noffence if the person—\n(a) refuses without lawful excuse to give the information; or\n(b) gives information that is false or misleading in any material particular.\n————\nSCHEDULE 1—PRESCRIBED OFFENCES\n[Clause 15.4(1)]\n1. 2.4 Failure to comply with a determination $300\n2. 3.1(1)(b) Damaging a tree or plant etc. on local government property\n$300\n3. 3.1(1)(c) Cutting, collecting or removing timber, firewood etc. on\nlocal government property without a permit\n$300\n4. 3.1(1)(d) Planting any plant or sowing any seeds on local\n$300\n5. 3.1(1)(e) Erecting a sign on local government property without a\n$300\n6. 3.1(1)(f) Erecting a structure for public amusement etc. on local\n$300\n7. 3.1(1)(g) Erecting a building or a refuelling site on local government\n$300\n8. 3.1(1)(h) Making an excavation on, erecting a fence or removing a\nfence on local government property without a permit\n$300\n9. 3.1(1)(i) Erecting or installing structures on local government for\nsupplying power, water etc. services without a permit\n$300\n10. 3.1(1)(j) Depositing or storing any thing on local government\n$300\n11. 3.1(1)(k) Depasturing, tethering, driving or riding animals on local\n$300\n12. 3.1(1)(l) Launching an aircraft or helicopter from or landing an\naircraft into local government property without a permit\n$300\n13. 3.1(1)(m) Camping on or lodging at local government property for the\npurpose of sleeping on local government property without a\n$300\n14. 3.1(1)(n) Occupying a structure on local government property at\nnight for the purpose of sleeping without a permit\n$300\n15. 3.1(1)(o) Erecting a tent, camp, hut or similar structure on local\ngovernment property in certain circumstances without a\n$300\n16. 3.1(1)(p) Teaching, coaching or training person, animal or dog for\nprofit in or on local government property without a permit\n$300\n17. 3.1(1)(q) Conducting a function or undertaking a promotional\nactivity on local government property without a permit\n$300\n18. 3.1(1)(r) Charging a person for entry to local government property\n$300\n19. 3.1(1)(s) Lighting a fire on local government property without a\n$300\n20. 3.1(1)(t) Lighting, setting off or conducting a display of fireworks on\nlocal government property without a permit\n$300\n21. 3.1(1)(u) Parachuting, hang-gliding, abseiling or base jumping from\nor onto local government property without a permit\n$300\n22. 3.1(1)(v) Gambling or betting etc. on local government property\nwithout permit\n$300\n23. 3.1(1)(w) Erecting, installing, operating or using devices for the\nemission and amplification of noise on local government\n$300\n24. 3.5 Failure of permit holder to comply with responsibilities $300\n25. 4.1 Behaviour on local government property which interferes\nwith others\n$300\n26. 4.2 Behaviour on local government property detrimental to\n$300\n27. 4.3 Taking or injuring any fauna on local government property $300\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2695\n28. 4.4 Entering or remaining on local government property while\ndrunk or under the influence of a prohibited drug\n$300\n29. 4.5 Taking or consuming a prohibited drug on local\ngovernment property\n$300\n30. 4.6 Smoking within a 5 metre radius of an entrance, exit or\naperture of premises on local government property\n$300\n31. 4.7(1)(a) Failing to wear adequate clothing to prevent indecent\nexposure on local government property\n$300\n32. 4.7(1)(b) Loitering outside or acting in an inappropriate manner in a\ntoilet block or change room facility on local government\n$300\n33. 4.7(1)(c) Entering or attempting to enter an occupied toilet or other\ncompartment without the consent of the occupier\n$300\n34. 4.7(2) Failing to comply with a direction to put on adequate\nclothing\n$300\n35. 4.8 Unauthorised entry to local government property $300\n36. 4.10(2) Failure to comply with a sign on local government property\nregarding conditions of use\n$300\n37. 5.1 Carrying out a prohibited activity at a public swimming\npool or recreation facility\n$300\n38. 5.5(1) Conducting a controlled swimming or other sporting event,\nor carnival or competition without consent at a public\nswimming pool or recreation facility\n$300\n39. 5.6 Carrying out a prohibited activity at a beach or foreshore $300\n40. 5.7 Failing to comply with a sign or direction at a beach $300\n41. 5.8 Driving or operating on off-road vehicle on a beach or\nforeshore area\n$300\n42. 5.9(3) Falsely giving the appearance of a member of a surf\nlifesaving patrol\n$300\n43. 5.10 Fishing in a prohibited area or contrary to this local law $300\n44. 5.11(1) Launching a boat from a prohibited area $300\n45. 5.11(2) Launching a personal watercraft in a prohibited area $300\n46. 5.12 Unauthorised entry to fenced off or closed local government\n$300\n47. 5.13(1) Gender not specified using entry of toilet block or change\nroom on local government property\n$300\n48. 5.14(2) Storing a prohibited item in a locker on local government\n$300\n49. 5.15 Using a shower in a prohibited manner $300\n50. 5.16 Using a camera device to record or transmit an image in a\ntoilet, shower or change room\n$300\n51. 5.17 Prohibited behaviour on major event locations $300\n52. 6.1(1) Entering local government without paying the required fee $300\n53. 7.1(a) Planting a plant on a thoroughfare in a prohibited manner $300\n54. 7.1(b) Damaging a lawn or garden or removing any plant or part\nof a plant on or in a public place\n$300\n55. 7.1(c) Repairing or servicing any vehicle on a verge $300\n56. 7.1(d) Placing, allowing to be placed or allowing to remain on a\nthoroughfare or verge an obstructive or hazardous thing\n$300\n57. 7.1(e) Causing or permitting water from a hose or sprinkler to\ninterfere with the use of any street, way or footpath by\npedestrians\n$300\n58. 7.1(f) Playing games or sport in a prohibited manner on or in a\nthoroughfare\n$300\n59. 7.1(g) Riding a bicycle or wheeled recreational device within a\nmall, arcade or verandah of a shopping centre\n$300\n60. 7.1(h) Creating a nuisance on or in a public place $300\n61. 7.2(1)(a) Digging or creating a trench through or under a kerb or\nfootpath without a permit\n$300\n62. 7.2(1)(b) Damaging or removing a street tree without a permit $300\n63. 7.2(1)(c) Throwing, placing or depositing any thing on a verge\n$300\n\n","sortOrder":39},{"sectionNumber":"2696","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2696 GOVERNMENT GAZETTE, WA 26 May 2017\n64. 7.2(1)(d) Damaging, removing or interfering with a thoroughfare,\nkerb, footpath or structure or sign erected on a\nthoroughfare without a permit\n$300\n65. 7.2(1)(e) Causing an obstruction to a thoroughfare without a permit $300\n66. 7.2(1)(f) Causing an obstruction to a water channel or a water\ncourse in a thoroughfare without a permit\n$300\n67. 7.2(1)(g) Lighting a fire or burning any thing on a thoroughfare or\nverge without a permit\n$300\n68. 7.2(1)(h)(i) Laying pipes under or providing taps on any verge without\na permit\n$300\n69. 7.2(1)(h)(ii) Placing or installing prohibited materials on a\nthoroughfare without a permit\n$300\n70. 7.2(1)(i) Providing, erecting, installing or using a hoist or other\nthing for use over a thoroughfare without a permit\n$300\n71. 7.2(1)(j) Interfering with the soil of or anything in a thoroughfare or\ntaking anything from a thoroughfare without a permit\n$300\n72. 7.2(1)(k) Driving any vehicle over or across a kerb or footpath except\nat a vehicle crossing without a permit\n$300\n73. 7.2(1)(l) Driving a vehicle or permitting a vehicle to be driven\nacross a kerb or footpath without a permit\n$300\n74. 7.2(1)(m) Driving or taking a vehicle on a closed thoroughfare\n$300\n75. 7.3 Depositing any thing or causing an obstruction to a\nthoroughfare, kerb or footpath\n$300\n76. 7.4(1) Failure to obtain a permit for a temporary vehicle crossing $300\n77. 7.7(1) Installing a verge treatment other than a permissible verge\ntreatment\n$300\n78. 7.7(4) Failure to properly maintain a verge treatment $300\n79. 7.11(1) Failure to properly display and maintain street number $300\n80. 7.12(1) Placing or display a street number in a location causing\nconfusion or which is misleading\n$300\n81. 7.12(2) Adopting, using or displaying a street number other than\nthe street number assigned.\n$300\n82. 7.14(2) Failure to comply with a sign on a public place $300\n83. 8.2(2) Erecting or placing etc. advertising sign in a prohibited\nmanner\n$300\n84. 8.3(1) Erecting or displaying a public interest sign without a\n$300\n85. 8.3(3) Permit holder erecting or displaying a public interest sign\nin a prohibited manner\n$300\n86. 8.4(1) Erecting or displaying a home open sign, display home sign\nor garage sale sign in a prohibited manner\n$300\n87. 8.5(1) Erecting or displaying an other portable sign contrary to\nlocal law\n$300\n88. 8.5(3) Erecting or displaying more than one other portable sign\nper business\n$300\n89. 8.5(4) Erecting or displaying an other portable sign on a local\ngovernment verge contrary to local law\n$300\n90. 8.6(1) Erecting or displaying a seafood sign contrary to local law $300\n91. 8.6(3) Erecting or displaying a seafood sign which is a direction\nsign contrary to local law\n$300\n92. 8.7(1) Erecting or placing election advertising contrary to local\nlaw\n$300\n93. 8.7(2)(e) Failing to maintain election advertising in good condition $300\n94. 8.7(2)(g) Failing to remove election advertising within 72 hours of\nclose of polls on election date\n$300\n95. 8.7(2)(i) Failing to securely install election advertising $300\n96. 8.9 Erecting an advertising sign without marking a name $300\n97. 9.1 Leaving an animal in a public place or local government\nproperty without a permit or authorisation\n$300\n98. 9.2(2)(a) Allowing an animal to enter or remain on a thoroughfare $300\n99. 9.2(2)(b) Allowing an animal with a contagious or infectious disease\nto enter local government property or a public place\n$300\n\n26 May 2017 GOVERNMENT GAZETTE, WA 2697\n100. 9.2(2)(c) Training or racing an animal on a thoroughfare $300\n101. 9.2(2)(d) Allowing an animal to defecate on local government\nproperty or a thoroughfare and failing to remove defecation\n$300\n102. 9.2(3) Leading, riding or driving a horse on a thoroughfare in a\nbuilt-up area without a permit or authorisation\n$300\n103. 9.4 Leaving a vehicle in a public place which causes an\nobstruction without a permit or authorisation\n$300\n104. 9.5 Failure to mark a shopping trolley with the name of its\nretailer\n$300\n105. 9.6 Leaving or discarding a shopping trolley in a public place\nother than an area set aside for shopping trolleys\n$300\n106. 9.9 Failing to remove shopping trolley within 3 hours $300\n107. 10.1 Carrying on trading in a restricted area without the\nexpress written consent of the local government\n$300\n108. 10.1(1) Carrying on trading in a public place or on local\ngovernment property contrary to local law\n$300\n109. 10.4(a) Conducting a street market on or in a public place without\na permit\n$300\n110. 10.5 Engaging in street entertaining on or in a public place\n$300\n111. 10.9 Failure of a holder of a permit for street entertaining to\ncomply with obligations under local law\n$300\n112. 11.1(2) Establishing or conducting an alfresco dining area contrary\nto local law\n$300\n113. 11.3(1) Failure of a holder of a permit for an alfresco dining area to\ncomply with obligations\n$300\n114. 11.5(b) Smoking a tobacco product in an alfresco dining area $300\n115. 11.6(2) Failure to comply with direction of authorised person to\nremove tables, chairs, umbrellas or other chairs in an\nalfresco dining area\n$300\n116. 11.8 Failure to notify the local government of a change of\nownership of an alfresco dining area\n$300\n117. 12.5(1) Failure to comply with terms and conditions of a permit $300\n118. 12.9 Failure to produce permit upon request by an authorised\nperson\n$300\n119. 14.1(a) Failure to obey a lawful direction of an authorised person $300\n120. 14.1(b) Obstructing or hindering an authorised person in the\nexecution of his or her duties\n$300\n121. 15.1 Failure to comply with a notice $300\n122. 15.6(2)(a) Refusing to give name and address contrary to local law $300\n123. 15.6(2)(b) Giving false or misleading information regarding name and\naddress etc.\n$300\n————\n","sortOrder":40},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"MAJOR EVENTS","content":"SCHEDULE 2—MAJOR EVENTS\n[Clause 5.17]\nThe following events are ‘major events’ for the purposes of the definition of ‘major event’ and Part 5,\nDivision 5—\n1. ‘Mandurah Crab Fest’, being the annual event commonly known by that name which takes\nplace within the district;\n2. ‘Mandurah Children’s Festival’, being the annual event commonly known by that name which\ntakes place within the district;\n3. ‘Community Christmas Pageant’, being the annual event commonly known by that name\nwhich takes place within the district;\n4. ‘New Years Eve’, being the annual event taking place on 31 December and 1 January of each\nyear within the district;\n5. Any other event where the following factors apply—\n(a) audience and/or participation of more than 5000 people;\n(b) brings significant economic and social benefits to the Mandurah and Peel Region; and\n(c) includes significant social or community issues which require consideration (e.g. noise,\nroad closures, safety impacts).\n\n","sortOrder":41},{"sectionNumber":"2698","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 26 May 2017","content":"2698 GOVERNMENT GAZETTE, WA 26 May 2017\nSCHEDULE 3—MAJOR EVENTS LOCATIONS\n[Clause 5.17]\n1. Subject to item 2 of this Schedule 3, for the purposes of clause 5.17(1)(a) and 5.17(1)(b), for all\nmajor events the major event location is the ‘Eastern Foreshore’, being Reserve 14004, on lot 2050—\nland register 3014/604, lot 350—land register 3024/434, lot 3024—land register 435, lot 701—land\nregister 3164/905, lot 702—land register 3164/906 and Reserve 9633, on lot 503—land register\n3157/246.\n2.\n3. For the purposes of clause 5.17(1)(a) in relation to the ‘Mandurah Crab Fest’ the following are\nadditional major event locations—\n(a) the ‘Western Foreshore’, being Reserve 27581 on lot 1561—land register 3014/635 and lot\n1562—land register 3014/636;\n(b) the ‘Keith Holmes Reserve’, being Reserve 48415 and Reserve 50593 on lot 324—land register\n3157/982 and lot 500—land register 3162/28;\n(c) the ‘Boardwalk Precinct’, being Reserve 42050 on lot 300—land register 3136/671; and\n(d) the ‘Smart Street Mall’.\n————\nDated this 15th day of May 2017.\nThe Common Seal of the City of Mandurah was affixed by authority of a resolution of the Council in\nthe presence of—\nMARINA ELIZABETH VERGONE, Mayor.\nMARK ROBERT NEWMAN, Chief Executive Officer.\n———————————","sortOrder":42}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The instrument expands and clarifies spatial scope: it expressly applies to rivers, watercourses and tidal/non-tidal waters adjoining the district and to the sea 200 metres seaward from low-water mark (clause 1.3). It repeals earlier consolidated local laws and consolidates rules into a single framework (clause 1.4) while preserving existing permits (clause 1.6). The net effect is a consolidated and spatially broadened regulatory scheme requiring transition of prior permissions into the new framework."},"complexity_factors":["Lengthy, detailed instrument covering many activity types and locations (Parts 1–15; Schedules)","Extensive definitions and cross-references to other laws and standards (clause 1.5; clauses 1.7, 8.1)","Multiple overlapping permit regimes with distinct application and evidentiary requirements (Parts 3, 10, 11; clauses 12.1–12.6)","Broad discretionary powers for Council and authorised persons to make determinations, impose conditions, refuse or cancel permits (clauses 2.1–2.6; 12.2; 12.10; 14.1)","Detailed, technical operational rules (e.g. verge treatments clauses 7.6–7.8; alfresco layout clause 12.1(4)) increasing compliance detail for private actors","Enforcement architecture combining notices, debt recovery, impounding and criminal penalties including prescribed modified penalties (Part 15; Schedule 1)","Transitional and repeal provisions linking prior local laws and preserving existing permits (clauses 1.4–1.6; 2.9) that require administrative reconciliation","Interaction with planning scheme and external agencies (clause 8.1; clauses referencing Main Roads, Western Power, Building Act) adding coordination complexity"],"plain_english_summary":"This local law governs use, hiring, behaviour and trading on City of Mandurah local government property and public places. It creates permit regimes and council determinations, prescribes offences and penalties, and specifically regulates beaches/foreshore (extends 200 metres seaward), alfresco dining, signage, verge treatments, markets and street entertainers.\n\nIt affects residents, businesses, event organisers and visitors by placing compliance costs, insurance and permit conditions on users, giving the council discretion to grant, vary or cancel permits, and providing enforcement powers including notices, impounding and fines (Parts 12, 15; Schedule 1)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2862},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This local law consolidates and updates previous local laws dating from 1998 and 2000 (as noted in clause 1.4). While it covers a broad range of topics—from beach management to shopping trolleys to election signage—this breadth is consistent with its purpose as a comprehensive management tool for local government property and public places. It does not appear to have expanded beyond the original regulatory intent of controlling use of council land and public areas."},"complexity_factors":["60+ defined terms in the interpretation section (clause 1.5), including technical definitions for 'verge', 'bathing appliance', and 'wheeled recreational device'","15 Parts with multiple Divisions, covering disparate topics from swimming pools to election advertising","Extensive cross-referencing to other legislation including the Local Government Act 1995, Road Traffic Code 2000, Food Act 2008, and Commonwealth Disability Discrimination Act 1992","Detailed technical specifications with precise measurements (e.g., verge treatments requiring specific particle sizes for gravel 'not greater than 10 millimetres', specific distances for signs from kerbs and intersections)","Multiple permit regimes with varying application requirements, conditions, and durations (e.g., street entertaining vs. alfresco dining vs. trading)","Schedule 1 lists 123 specific prescribed offences with associated modified penalties","Nested exceptions and conditional logic (e.g., clause 1.6 preserving existing permits; clause 9.2(4) exempting animal defecation if 'immediately removed'; gender-specific toilet provisions with age-based exceptions)","Transitional provisions preserving signs and permits made under repealed laws (clauses 1.6, 2.9, 7.9, 7.15)"],"plain_english_summary":"This rulebook governs use of council land and public places in Mandurah—affecting residents, visitors, businesses, event organisers, property owners and retailers. It requires permits for many activities, sets behaviour and location-specific rules (beaches, pools, verges), regulates signs, shopping trolleys and nature strips, and gives officers enforcement powers including fines and impoundment.\n\nIt matters because it keeps public spaces safe, clean and accessible, protects the environment, manages user conflicts, and supports emergency and lifesaving operations."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-property-and-public-places-local-law-2016","history":"/api/acts/local-government-property-and-public-places-local-law-2016/history","analysis":"/api/acts/local-government-property-and-public-places-local-law-2016/analysis","conflicts":"/api/acts/local-government-property-and-public-places-local-law-2016/conflicts","importantCases":"/api/acts/local-government-property-and-public-places-local-law-2016/important-cases","documents":"/api/acts/local-government-property-and-public-places-local-law-2016/documents"}}