{"id":"wa-local:carnarvon-shire-of-local-laws-relating-to-the-carnarvon-public-cemetery","name":"LOCAL LAWS RELATING TO THE\nCARNARVON PUBLIC CEMETERY","slug":"local-laws-relating-to-the-carnarvon-public-cemetery","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437419,"registerId":"wa-local:carnarvon-shire-of-local-laws-relating-to-the-carnarvon-public-cemetery-pdf-1775954248447","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"INTERPRETATIONS AND STANDING ORDERS","content":"PART 1: INTERPRETATIONS AND STANDING ORDERS\n1.1 Proceedings Conducted According to Standing Orders\n1.2 All Meetings Governed by Standing Orders\n1.3 Interpretations\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"MEETINGS—NOTICE OF BUSINESS","content":"PART 2: MEETINGS—NOTICE OF BUSINESS\n2.1 Notice of Meetings—Members to Receive Notice\n2.2 Notices of Motion—Ordinary and Extraordinary Business\n2.3 Motion to Lapse\n2.4 Objectional Business\n2.5 Business to be Specified on Notice Paper\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"MEETINGS—QUORUM","content":"PART 3: MEETINGS—QUORUM\n3.1 Quorum at Meetings\n3.2 Count-out/Adjournment\n3.3 Absence of Quorum—Record in Minute Book\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"MEETINGS—MINUTES","content":"PART 4: MEETINGS—MINUTES\n4.1 Recording and Confirmation of Minutes\n","sortOrder":3},{"sectionNumber":"Part 5","sectionType":"part","heading":"ORDINARY MEETING—WHEN HELD AND ORDER OF BUSINESS","content":"PART 5: ORDINARY MEETING—WHEN HELD AND ORDER OF BUSINESS\n5.1 Ordinary Meetings—When Held\n5.2 Ordinary Meetings—Order of Business\n5.3 Late Items\n5.4 Deputations\nPART 6: MEETINGS—PUBLIC CONDUCT\n6.1 Admission and Removal of the Public\nPART 7: ROLE OF PRESIDENT\nPART 8: CONDUCT OF MEMBERS\n8.1 Members to Rise When Speaking\n8.2 Official Titles to be Used\n8.3 Debate—Maintenance of Order—Imputations—Offensive Expressions\n8.4 Demand for Withdrawal\n8.5 Members to Occupy Own Seats\n","sortOrder":4},{"sectionNumber":"Part 9","sectionType":"part","heading":"CONDUCT OF MEMBERS DURING DEBATE","content":"PART 9: CONDUCT OF MEMBERS DURING DEBATE\n9.1 Relevance\n9.2 Limitation of Number of Speeches\n9.3 Limitation of Duration of Speeches\n9.4 Members Not to Interrupt\n9.5 Members Not to Speak after Conclusionof Debate\n9.6 Re-Opening Discussion on Decisions\n","sortOrder":5},{"sectionNumber":"Part 10","sectionType":"part","heading":"PROCEDURES FOR DEBATE OF MOTIONS","content":"PART 10: PROCEDURES FOR DEBATE OF MOTIONS\n10.1 Unopposed Business\n10.2 To be Seconded\n10.3 Only One Substantive Motion Considered\n10.4 Order of Call in Debate\n10.5 Limit of Debate\n","sortOrder":6},{"sectionNumber":"Part 11","sectionType":"part","heading":"PROCEDURAL MOTIONS","content":"PART 11: PROCEDURAL MOTIONS\n11.1 Permissable Procedural Motions\n11.2 Reason for Closure to be Stated\n11.3 Procedural Motions Not Required in Writing\n11.4 Procedural Motions—Recording in Minutes\n11.5 Procedural Motions—Majority Required\n11.6 Procedural Motions—Closing Debate—Who May Move\n11.7 Procedural Motions—Right of Reply on Substantive Motion\n\nGOVERNMENT GAZETTE, WA [26 February 1998970\n","sortOrder":7},{"sectionNumber":"Part 12","sectionType":"part","heading":"EFFECT OF PROCEDURAL MOTIONS","content":"PART 12: EFFECT OF PROCEDURAL MOTIONS\n12.1 The Council Proceed to the Next Business\n12.2 The Debate be Adjourned\n12.3 The Meeting Adjourn\n12.4 The Motion be Now Put\n12.5 The Motion Lie on the Table\n12.6 The Council Meet Behind Closed Doors\n12.7 That the Question be Referred to a Committee of the Council\n12.8 That the Member (Councillor) No Longer be Heard\n12.9 The Meeting be Now Closed\n","sortOrder":8},{"sectionNumber":"Part 13","sectionType":"part","heading":"DECISION MAKING PROCEDURES","content":"PART 13: DECISION MAKING PROCEDURES\n13.1 Voting and Decisions—Majority to Determine\n13.2 Breaking Down of Complex Questions\n13.3 Order of Amendments\n13.4 Nature of Amendments\n13.5 Substantive Motion\n13.6 Consent of Seconder Required to Accept Alteration of Wording\n13.7 Withdrawal of Motion and Amendments\n13.8 Limitation of Withdrawal\n13.9 Authority for Withdrawal\n13.10 Right of Reply\n13.11 Right of Reply Provisions\n13.12 Amendments Must Not Negate Original Motion\n13.13 Mover of Motion Not to Speak on Amendment\n13.14 Question—When Put\n13.15 Method of Taking Vote\n","sortOrder":9},{"sectionNumber":"Part 14","sectionType":"part","heading":"POINTS OF ORDER","content":"PART 14: POINTS OF ORDER\n14.1 Points of Order—When to Raise—Procedure\n14.2 Points of Order—Definitions\n14.3 Points of Order—Ruling\n14.4 Points of Order—Ruling Conclusive, Unless Dissent Motion is Moved\n14.5 Points of Order—Motion Against Ruling Procedure\n14.6 Points of Order Take Precedence\n","sortOrder":10},{"sectionNumber":"Part 15","sectionType":"part","heading":"ADJOURNMENT OF MEETING","content":"PART 15: ADJOURNMENT OF MEETING\n15.1 Meeting May be Adjourned\n15.2 Notice of Adjourned Meeting\n15.3 Business at Adjourned Meeting\n15.4 Unopposed Business—Motion for Adjournment of Council\n15.5 Withdrawal of Motion for Adjournment of Council\n","sortOrder":11},{"sectionNumber":"Part 16","sectionType":"part","heading":"PERSONAL EXPLANATION","content":"PART 16: PERSONAL EXPLANATION\n16.1 Personal Explanation\n16.2 Personal Explanation—When Heard\n16.3 Ruling on Questions of Personal Explanation\n","sortOrder":12},{"sectionNumber":"Part 17","sectionType":"part","heading":"COMMITTEES OF COUNCIL","content":"PART 17: COMMITTEES OF COUNCIL\n17.1 Appointment of Committees\n17.2 Election of Committee Presiding Member and Deputy Presiding Member\n17.3 Absence from Committee Meetings\n17.4 Items to be Numbered\n17.5 Reports of Committees to be Taken as Read\n17.6 Procedure of Report of Committees\n17.7 Withdrawal, Correction and Amendments of Committees\n17.8 Permissable Motions on Recommendations from a Committee\n17.9 Reports of Committees—Questions\n17.10 Procedure on Amendments on Reports of the Committees\n17.11 Non Related Motions on Reports of Committees\n17.12 Recommendations of Committees—Inspection of Plans\n17.13 Committee Procedure\n17.14 Rights and Responsibilities of Councillors who are not Committee Members\n17.15 Standing Orders to Apply to Committees\n","sortOrder":13},{"sectionNumber":"Part 18","sectionType":"part","heading":"DISCLOSURE OF FINANCIAL INTERESTS","content":"PART 18: DISCLOSURE OF FINANCIAL INTERESTS\n18.1 Members’ Interests to be Disclosed\n18.2 Separation of Committee Recommendations\n18.3 Member with an Interest to Leave\n18.4 Member with an Interest May Ask to be Present\n18.5 Member with an Interest May Ask Permission to Participate\n18.6 Invitation to Return to Provide Information\n18.7 Declaration of Due Consideration\n18.8 Disclosures by Employees\n\nGOVERNMENT GAZETTE, WA 97126 February 1998]\n","sortOrder":14},{"sectionNumber":"Part 19","sectionType":"part","heading":"REVOKING OR CHANGING DECISIONS","content":"PART 19: REVOKING OR CHANGING DECISIONS\n19.1 Revoking Decisions—When this Can Occur\n19.2 Implementation of a Decision\n19.3 Motion to Change Having Effect of Revocation\n","sortOrder":15},{"sectionNumber":"Part 20","sectionType":"part","heading":"ADMINISTRATIVE MATTERS","content":"PART 20: ADMINISTRATIVE MATTERS\n20.1 Suspension of Standing Orders\n20.2 Cases Not Provided for in Standing Orders\n20.3 Penalty for Breach of Standing Orders\n20.4 Duty of Chief Executive Officer\n20.5 Confidentiality\n20.6 Meetings of Electors\n\nGOVERNMENT GAZETTE, WA [26 February 1998972\nenabling it, the Council of the Shire of Carnarvon hereby records having resolved on the 28th day of\nJanuary 1998, to revoke the By-Laws of the Shire of Carnarvon referred to as the ‘Standing Orders’\npublished in the Government Gazette on 2 May 1986, as amended in the Government Gazette on 31\nDecember 1987, 29 April 1994 and 28 October 1994, and to make the following local laws.\n1. INTERPRETATIONS AND STANDING ORDERS\n1.1 Proceedings Conducted According to Standing Orders\nThe proceedings and business of the Council shall be conducted in accordance with the Act, regulations,\nand any other law, and where not specifically prescribed, according to these local laws, the clauses of\nwhich shall be referred to as “the Standing Orders”.\n1.2 All Meetings Governed by Standing Orders\nThe proceedings of all Council Meetings, Committee Meetings and other meetings of the Council shall\nbe governed by these standing orders unless otherwise provided in the Act, regulations, or any other law.\n1.3 Interpretations\nThe Interpretations should be used in these standing orders, unless the context otherwise requires—\n“Act” means the “Local Government Act, 1995 and all its amendments and successors”;\n“Clause” means a clause of these standing orders;\n“Committee” means any Committee appointed in accordance with the provisions of the Act;\n“President” includes the Deputy President, in the absence of the President, and any Councillor\nchosen to preside at any meeting of the Council in the manner prescribed in the Act;\n“Presiding Member” includes the Deputy Presiding Member, in the absence of the Presiding\nMember, and any member chosen to preside at any meeting of a Committee in the manner\nprescribed in the Act;\n“Meeting” includes any Ordinary or Special Meeting of the Council or any other meeting held in\naccordance with the Act and properly convened as the Act requires;\n“Member” means the President, or a Councillor of the Council, or in the case of Committees, a\nmember of the Committee appointed in accordance with the Act;\n“Officer” is an employed member of the staff of the Council;\n“Chief Executive Officer” means the Chief non-elected officer of the Shire or the officer who, for the\ntime being, is acting in that capacity;\n“Simple majority” is more than 50% of the members present and voting;\n“Substantive motion” means any motion other than an amendment or a procedural motion;\n2. MEETINGS—NOTICE OF BUSINESS\n2.1 Notice of Meetings—Members to Receive Notice\nNotice of meetings shall be given by the Chief Executive Officer in accordance with the Act.\n2.2 Notices of Motion—Ordinary and Extraordinary Business\nMembers may bring forward business in the form of a written motion, of which notice shall be given in\nwriting to the Chief Executive Officer, either at the meeting previous to the meeting at which it is\nintended to move the motion, or at any time thereafter up to 24 hours before the close of the business\nAgenda Paper.\nThe CEO may, on his own initiative, make such amendments to the form but not the substance thereof\nas will bring the notice of motion into due form.\n2.3 Motion to Lapse\nA motion shall lapse unless the member who gave notice is present, unless another member is willing to\nmove the motion when it is called.\n2.4 Objectionable Business\nIf the President is of the opinion that any motion or business proposed is of an objectionable nature, the\nPresident may, either before or after the matter is brought forward at any meeting, declare that it shall\nnot be considered.\nAny member may move dissent from such a declaration made from the Chair. On the motion being\nseconded, the motion to dissent shall be put without debate, and in the event of the motion being carried\nby a majority of the members present, the business referred to shall then be considered immediately, but\nif the motion is lost, the ruling of the President shall stand.\n\nGOVERNMENT GAZETTE, WA 97326 February 1998]\n2.5 Business to be Specified on Notice Paper\nNo business shall be transacted at any meeting other than that specified in the notice without the\napproval of the President or the approval of the majority of members present determined by vote.\n3. MEETINGS—QUORUM\n3.1 Quorum at Meetings\nIn accordance with the Act, the quorum at all meetings of the Council shall be at least 50% of the total\nnumber of offices (whether vacant or not) of members of the Council.\n3.2 Count-out/Adjournment\nAt any time during any meeting of the Council any Councillor or the Chief Executive Officer may call\nthe attention of the President to the fact that a quorum is not present. The President shall immediately\nsuspend the proceedings of the meeting for a period of five minutes. If a quorum is not present at the end\nof this period, the meeting shall be deemed to have been counted out, and the President shall adjourn it\nto a later hour of the same day or to any other time, not more than seven days from the date of adjourn-\nment.\n3.3 Absence of Quorum—Record in Minute Book\nAt all meetings of the Council when the Council is counted out, and an absence of quorum noted, the\ncircumstances, together with the names of the members present, shall be recorded in the minutes.\n4. MEETINGS—MINUTES\n4.1 Recording and Confirmation of Minutes\nMinutes are to be kept of each meeting’s proceedings, confirmed or amended at the next Ordinary Meet-\ning of the Council and signed and certified by the person presiding.\n5. ORDINARY MEETING—WHEN HELD AND ORDER OF BUSINESS\n5.1 Ordinary Meetings—When Held\nThe Council shall resolve at the first meeting held after each ordinary elections day, the days and times\neach month when Ordinary Meetings of the Council shall be held.\n5.2 Ordinary Meeting—Order of Business\nUnless otherwise decided by the Council, the order of business at any Ordinary Meeting of the Council\nis to be as follows—\n(a) Oath;\n(b) Apologies and Leave of Absence;\n(c) Public Question Time;\n(d) Questions of Which Due Notice Has Been Given Without Discussion;\n(e) Urgency Questions without Discussion;\n(f) Confirmation of Minutes;\n(g) Business Arising from Minutes Which Does Not Appear Subsequently in the Agenda;\n(h) Disclosure of Members’ Financial Interests;\n(i) Petitions & Memorials;\n(j) Announcements by the President Without Discussion;\n(k) Matters for Which Meeting May be Closed;\n(l) Reports of Committees;\n(m) CEO’s Report;\n(n) Motions of Which Previous Notice Has Been Given;\n(o) Notice of Motion for Consideration at the Following Meeting without Discussion.;\n(p) Urgent Business Approved by the Presiding Member or By Decision of Council;\n(q) Matters Behind Closed Doors;\n(r) Date of Next Meeting;\n(s) Closure;\n5.3 Late Items\nIn cases of extreme urgency or other special circumstances, late items may, with the consent of the\nPresident, or at the request of a majority of Councillors present, be read and dealt with.\n5.4 Deputations\n(1) A deputation wishing to be received by the Council or a Committee is to apply in writing to the CEO\nwho is to forward the written request to the President or Presiding Member as the case may be.\n(2) If the President is of the opinion that the request for a deputation is one which should be brought\nbefore the Council and if the Council makes a decision to that effect, the deputation is to be invited to\nattend.\n(3) If the Presiding Member of a Committee is of the opinion that the request for a deputation is one\nwhich should be brought before the Committee and a simple majority of members is in agreement, the\ndeputation is to be invited to attend.\n(4) A deputation invited to attend a Council or Committee meeting—\n(a) is not to exceed five members, only two of whom may address the Council or Committee, al-\nthough others may respond to specific questions from the members; and\n\nGOVERNMENT GAZETTE, WA [26 February 1998974\n(b) is not to address the Council or Committee for a period exceeding 15 minutes without the\nagreement of the Council or the Committee as the case requires;\n(5) Any matter which is the subject of a deputation to the Council or a Committee is not to be further\nconsidered by the Council or that Committee until the deputation has withdrawn.\n6. MEETINGS—PUBLIC CONDUCT\n6.1 Admission and Removal of the Public\n(1) The public is admitted to Council Meetings on the basis that no expression of dissent or approval,\nconversation or interruption to the proceedings of the Council shall take place. In the event of any such\ninterruption, the President may use discretion and without a vote of the Council, require those inter-\nrupting to withdraw.\nThe person or persons concerned shall immediately withdraw from the meeting.\n(2) Any person, not being a member of the Council, who interrupts the orderly conduct of the Council\nwho does not withdraw immediately upon being called by the President to withdraw from the meeting,\nmay, by order of the President, be removed from the meeting.\n7. ROLE OF PRESIDENT\n7.1 (1) At any meeting of the Council the President shall have the right to direct attention to any matter\nof interest or relevance to the business of the meeting or propose a change to the order of business\n(2) Any member may move that a change in order of business proposed by the President not be ac-\ncepted and if carried by a majority of members present, the proposed change in order will not take place.\n7.2 The President to Take Part in Debates\nSubject to the provisions of these standing orders, the President may take part in a discussion upon any\nquestion before the Council, provided that like other Councillors in accordance with these standing\norders, the President may only speak once and provided that this is done before the right of reply is\nexercised.\n7.3 Precedence of President\nWhen the President rises during the progress of a debate, any member then speaking, or offering to\nspeak, shall immediately cease and every member present shall preserve strict silence so that the Presi-\ndent may be heard without interruption. This clause should not be used by the President to exercise the\nright provided in Clause 7.2, but should be used to preserve order.\n7.4 Dissent With the President’s Ruling\nA member may move a procedural motion to disagree with a ruling given by the President. The Presi-\ndent must immediately call for a seconder and put the motion without debate.\n8. CONDUCT OF MEMBERS\n8.1 Member to Rise When Speaking\nEvery member of the Council desiring to speak shall rise in his place and address the President provided\nthat any member of the Council unable to conveniently stand by reason of sickness or infirmity, shall\nunder such circumstances, be permitted to sit while speaking.\nIt shall not be a requirement for the President to rise to address the Council.\n8.2 Official Titles to be Used\nMembers shall speak of each other in the Council during the transaction of business by their respective\ntitles of President or Councillor. Members, in speaking of or addressing officers, shall designate them by\ntheir respective official titles.\n8.3 Debate—Maintenance of Order—Imputations—Offensive Expressions\nNo member may impute motives or use offensive or objectionable expressions in reference to any mem-\nber, officer of the Council, or any other person.\n8.4 Demand for Withdrawal\nIf a member commits a breach of clause 8.3, the President, or the Council by resolution, may require that\nmember to withdraw unreservedly any offending comment and to make a satisfactory apology; and if the\nmember declines or neglects to do so, the President may direct such member to cease speaking, and may\ncall on the next speaker.\n8.5 Members to Occupy Own Seats\n(1) At the first Ordinary Meeting attended by a Councillor after election, the Chief Executive Officer\nshall allot by random draw, a position at the Council table to each Councillor and the Councillor shall,\nuntil such time as there is a call by a majority of Councillors for a re-allotment of positions, occupy that\nposition when present at meetings of the Council, except that the Deputy President shall be seated at\ntop left of the table as viewed from the President’s Chair.\n(2) No Councillor shall be deemed to be present unless occupying that member’s allotted place within\nthe Council Chambers.\n9. CONDUCT OF MEMBERS DURING DEBATE\n9.1 Relevance\nAll members shall restrict remarks to the motion or amendment under discussion, or to an explanation\nor point of order.\n9.2 Limitation of Number of Speeches\nNo member shall address the Council more than once on any motion or amendment before the Council\nexcept the mover of a substantive motion, in reply, or to a point of order, or in explanation.\n\nGOVERNMENT GAZETTE, WA 97526 February 1998]\n9.3 Limitation of Duration of Speeches\nAll addresses shall be limited to a maximum of five minutes. Extension of time is permissible only with\nthe agreement of the majority of members present.\n9.4 Members Not to Interrupt\nNo member shall interrupt another member whilst speaking unless—\n(a) to raise a point of order;\n(b) to call attention to the absence of a quorum.\n9.5 Members Not to Speak After Conclusion of Debate\nNo member of the Council or a Committee is to speak to any question after it has been put by the person\npresiding.\n9.6 Re-Opening Discussion on Decisions\nNo member of the Council or a Committee is to re-open discussion on any decision of the Council or\nCommittee, except for the purpose of moving that the decision be revoked or changed.\n10. PROCEDURES FOR DEBATE OF MOTIONS\n10.1 Unopposed Business\nUpon a motion being moved, the President may ask the meeting if any member opposes it. If no one\nsignifies opposition to the motion or opposition to the motion being treated as unopposed business, the\nPresident may declare the motion carried without debate and without taking a vote thereon.\nAny motion declared carried under this Clause shall, for all purposes be deemed a resolution of the\nIf any member signifies opposition to a motion or to a motion being treated as unopposed business, the\nmotion shall be dealt with according to the following clauses.\n10.2 To be Seconded\nExcept as provided by Clause 10.1, no motion or amendment to a substantive motion shall be in order, or\nbe open to debate until it has been seconded.\n10.3 Only One Substantive Motion Considered\nWhen a substantive motion is under debate at any meeting, no further substantive motion shall be\naccepted.\n10.4 Order of Call in Debate\nThe President will call speakers to a substantive motion in the following order\n(a) the mover to state the motion;\n(b) a seconder to the motion;\n(c) the mover to speak to the motion;\n(d) a speaker against the motion;\n(e) a speaker for the motion;\n(f) other speakers against and for the motion, alternating in view, if any—\n(g) mover takes right of reply which closes debate.\n10.5 Limit of Debate\nThe President may offer the right of reply and put the motion to the vote if the President believes\nsufficient discussion has taken place even though all members may not have spoken.\n11. PROCEDURAL MOTIONS\n11.1 Permissable Procedural Motions\nSubject to Clause 17.8, in addition to proposing a properly worded amendment to a substantive motion,\nit is permissible for a member to move the following procedural motions—\n(a) that the Council proceed to the next business;\n(b) that the debate be adjourned;\n(c) that the meeting adjourn;\n(d) that the motion be now put;\n(e) that the motion lie on the table;\n(f) that the Council meet behind closed doors;\n(g) that the question be referred to a Committee of the Council for consideration and report;\n(h) that the member (Councillor)be no longer heard;\n(i) the meeting be now closed;\n11.2 Reason for Closure to be Stated\nA member who moves a procedural motion under Clause 11.1(f) shall state the reason for moving the\nmotion and this must relate to a matter contained in Section 5.23(2) of the Act.\n11.3 Procedural Motions Not Required in Writing\nProcedural motions are not required to be presented in writing.\n11.4 Procedural Motions—Recording in Minutes\nThe mover, seconder and result of all procedural motions shall be recorded in the minutes of the\nmeeting.\n\nGOVERNMENT GAZETTE, WA [26 February 1998976\n11.5 Procedural Motions—Majority Required\nAny procedural motion shall be carried upon the majority of members present voting in the affirmative.\n11.6 Procedural Motions—Closing Debate—Who May Move\nNo person who has moved, seconded, or spoken for or against the substantive motion, may move any\nprocedural motion which, once moved, would deny others the right to speak or, if carried, would close the\ndebate on the substantive motion or amendment.\n11.7 Procedural Motions—Right of Reply on Substantive Motion\nThe carrying of a procedural motion which closes debate on the substantive motion or amendment and\nforces a decision on the substantive motion or amendment will not deny the right of reply to the mover\nof the substantive motion.\n12. EFFECT OF PROCEDURAL MOTIONS\n12.1 The Council Proceed to the Next Business\n(1) A member may, at the conclusion of the speech of any other member move, without notice, that the\nmeeting proceed to the next business.\n(2) On a motion that the meeting proceed to the next business, the mover may speak for not more than\nfive minutes, the seconder shall not speak other than formally to second, and no other debate shall be\nallowed.\n(3) During the course of the same motion, a second motion that the meeting do proceed with the next\nbusiness shall not be made within one hour after a similar motion has been negatived.\n(4) When a motion is carried that the meeting proceed to the next business, the motion under discus-\nsion shall be considered as lapsed, but if that motion was an amendment to a substantive motion, the\nsubstantive motion shall then become the next item of business.\n12.2 The Debate be Adjourned\n(1) A member may, at the conclusion of the speech of another member move without previous notice\nthat the debate be adjourned to a later hour of the same meeting or to a subsequent meeting. The\nmember will be limited to speaking for five minutes.\n(2) No discussion shall be allowed upon a motion for the adjournment of a debate.\n(3) At the same meeting, a member shall not move or second more than one motion for adjourning of\nthe same debate.\n(4) On a motion for the adjournment of a debate being carried, a record shall be taken of all those who\nhave spoken on the subject under debate and they shall not be permitted to speak on any resumption of\nthe debate on that subject, but this Local Law shall not deprive a mover of the original motion of the\nright of reply.\n(5) On resuming an adjourned debate, the member who moved its adjournment shall be entitled to\nspeak first.\n12.3 The Meeting Adjourn\n(1) A member may, at the conclusion of the speech of any other member or on the conclusion of any\nbusiness, move without notice that the meeting do now adjourn and that motion shall state the time and\ndate to which the meeting is to adjourn.\n(2) On a motion to adjourn the mover may speak for not more than five minutes, the seconder shall not\nspeak other than formally to second and the mover of the motion (if any) which was then under debate\nmay speak for not more than five minutes, but no other debate shall be allowed.\n(3) At the same meeting a member may not move or second more than one motion for the adjournment\nof a meeting.\n(4) Upon a motion for the adjournment of a meeting being carried, a record shall be taken of all those\nwho have spoken on the motion then under consideration and they shall not be permitted to speak on\nany subsequent consideration of the same motion, but this Local Law shall not deprive a mover of the\noriginal motion of the right of reply.\n(5) Upon a motion to adjourn a meeting being carried, the Chairperson shall adjourn the meeting to\nsuch time and date as the motion specifies, or where no time and date is specified, to such time and date\nas the Chairperson shall then declare.\n(6) If on any motion for adjournment of a meeting being put and negatived, the motion then under\nconsideration, or the next on the notice paper, or any other that may be allowed precedence, shall be\nconsidered and put to the vote before any subsequent motion for adjournment shall be entertained.\n(7) On a motion for the adjournment of the Meeting being carried, the debate on the motion (if any)\nunder debate when the motion was moved shall be continued immediately upon the meeting resuming.\n12.4 The Motion be Now Put\n(1) A member may, at the conclusion of the speech of any other member move without comment, that\nthe motion under consideration be now put.\n(2) No discussion shall be allowed on a motion that the motion be now put.\n(3) At the same meeting a member may not move or second more than one motion that the motion be\nnow put in relation to the same motion.\n(4) When it is resolved by the Meeting that the motion under consideration be put, the mover of the\nmotion under consideration may speak in reply for not more than five minutes provided that at least one\nmember has spoken in opposition thereto.\n\nGOVERNMENT GAZETTE, WA 97726 February 1998]\n(5) A motion that the motion be now put shall relate only to the motion or amendment then before the\nMeeting, and if carried in respect of an amendment shall not affect the debate on the substantive mo-\ntion.\n(6) When it is decided by the Meeting in regard to a motion that the motion be now put, the motion to\nbe so put includes the motion as well as any amendment thereto already carried by the Meeting.\n(7) The Chairperson may refuse to accept a motion that the motion be now put where it would have the\neffect of unfairly limiting debate before the principal arguments for and against the motion have been\npresented.\n12.5 The Motion Lie on the Table\n(1) A member may, at the conclusion of the speech of any other member, move, without notice, that the\nmotion lie on the table.\n(2) On a motion that the motion lie on the table, the mover may speak for not more than five minutes,\nthe seconder shall not speak other than formally to second, and no other debate shall be allowed.\n(3) A member shall not, at the same meeting, move or second more than one motion for the laying of\nthe motion on the table.\n(4) If a motion that the motion lie on the table is carried debate on that motion shall not be resumed\nuntil a motion has been passed to take the motion from the table.\n(5) On a motion for the laying of the motion on the table being carried, a record shall be taken of all\nthose who have spoken on the motion under debate and they shall not be permitted to speak on any\nresumption of the debate on that motion, but this does not deprive the mover of the motion of the right\nof reply.\n(6) Any motion that was subject to a resolution that the motion lie on the table and not dealt with\nsubsequently at the same meeting, shall be included in the agenda for the next ordinary meeting.\n(7) A member moving the taking of the motion from the table shall be entitled to speak first upon the\nresumption of the debate thereon.\n(8) A motion that the motion lie on the table shall not be moved in respect of the election the President\nor Deputy President.\n12.6 The Council Meet Behind Closed Doors\n(1) A member may move at any time, notwithstanding that another member may be speaking to a\nquestion then under debate, that the meeting sit behind closed doors. The reason for sitting behind\nclosed doors must be recorded in the minutes.\n(2) On a motion that the meeting sit behind closed doors, the mover may speak for not more than five\nminutes, the seconder shall not speak other than formally to second, and no other debate shall be al-\nlowed.\n(3) A member shall not, in respect of the same item of business, move or second more than one motion\nthat the meeting sit behind closed doors.\n(4) Upon the carrying of a resolution to close a meeting to the public, the Chairperson shall direct all\npersons, other than members and such employees as the meeting may resolve to permit to remain, to\nleave the Council Chambers, and every such person shall forthwith comply with such direction.\n(5) After the carrying of a resolution to close a meeting to the public, the business at that meeting shall\nproceed behind closed doors until the Council by resolution decides to proceed with open doors.\n(6) Any person who fails to comply with a direction made to leave the Council Chambers commits an\noffence and may by order of the Chairperson be removed from the Council Chambers.\n(7) Upon resuming with open doors the Chairperson shall read out the resolutions passed by the\nCouncil whilst it was proceeding behind closed doors, and details of any voting recorded.\n12.7 That the Question be Referred to a Committee of the Council\n(1) This motion having been carried will cause the debate to cease immediately and for the substan-\ntive motion with any amendment to be referred to the next meeting of the nominated Committee. The\nmeeting will proceed to the next order of business.\n(2) The motion being lost will allow debate to continue.\n(3) On a motion that the question be referred to a Committee, the mover may speak for not more than\n5 minutes, the seconder shall not speak other than formally to second, and the mover of the motion (if\nany) which was then under debate may speak for no more than 5 minutes, but no other debate shall be\nallowed.\n12.8 That the Member (Councillor) No Longer be Heard\nThis motion, having been carried, will cause the person presiding to not allow the speaker against whom\nthe motion has been moved, to speak to the current substantive motion or any amendment relating to it\nexcept to exercise the right of reply if the person is the mover of the substantive motion.\nNo discussion will be allowed on the motion that the member no longer is heard.\n12.9 The Meeting be Now Closed\n(1) A member may, after the debate and voting on any motion has been concluded move, without\nnotice, that the meeting be now closed.\n(2) The mover, seconder, and any other member wishing to speak on a motion that the meeting be now\nclosed, may so speak for not more than five minutes.\n(3) On a motion that the meeting be now closed being carried, the Chairperson shall forthwith close\nthe meeting, and no further business may be transacted. Any business outstanding on the notice paper\nfor that meeting shall be carried forward to the notice paper for the next ordinary meeting of the\n\nGOVERNMENT GAZETTE, WA [26 February 1998978\n13. DECISION MAKING PROCEDURES\n13.1 Voting and Decisions—Majority to Determine\nAll acts of the Council, and all questions coming before the Council, may be decided by a simple majority\nof the members present and voting at a properly constituted meeting, unless otherwise provided in the\nAct, Regulations, or the Standing Orders.\n13.2 Breaking Down of Complex Questions\nThe President may order a complex question to be broken down and put in the form of several motions,\nwhich shall be put in sequence. Amendments may be proposed to a motion, but whenever any amend-\nment is made upon a substantive motion, no second or subsequent amendment shall be moved or consid-\nered until the first amendment has been disposed of.\n13.3 Order of Amendments\nAny number of amendments may be proposed to a motion, but whenever any amendment is made upon\na substantive motion, no second or subsequent amendment shall be moved or considered until the first\namendment has been disposed of.\n13.4 Nature of Amendments\nAn amendment to a substantive motion shall take one or more of the following forms—\n(a) that certain words be omitted therefrom;\n(b) that certain words be omitted and others substituted;\n(c) that words be added.\n13.5 Substantive Motion\nIf an amendment to a substantive motion is carried, the motion as amended shall then be submitted as\nthe substantive motion, and shall become the question before the meeting upon which any member may\nspeak and any further amendment may be moved.\n13.6 Consent of Seconder Required to Accept Alteration of Wording\nThe mover of a substantive motion may not alter the wording of the motion without the consent of the\nseconder.\n13.7 Withdrawal of Motion and Amendments\nCouncil may, without debate, grant leave to withdraw a motion or amendment upon request of the\nmover of the motion or amendment, and with the approval of the seconder, provided that there is no\nvoice expressed to the contrary view by any member, in which case discussion on the motion or amend-\nment shall not continue.\n13.8 Limitation of Withdrawal\nWhere an amendment has been proposed to a substantive motion, the substantive motion shall not be\nwithdrawn, except by consent of the majority of members present, until the amendment proposed has\nbeen withdrawn or lost.\n13.9 Authority for Withdrawal\nA motion or amendment to a motion shall not be withdrawn in the absence of any member who proposed\nit, except with that member’s written authority.\n13.10 Right of Reply\n(1) The mover of a substantive motion shall have the right of reply. After the mover of the substantive\nmotion has commenced the reply, no other member shall speak on the question.\n(2) The right of reply must be confined to rebutting arguments raised by previous speakers and no new\nmatter may be introduced.\n13.11 Right of Reply Provisions\nThe right of reply shall be governed by the following provisions—\n(a) If there is no amendment to the substantive motion, the mover may reply at the conclusion of\nthe discussion on the motion.;\n(b) If there is an amendment, the mover of the substantive motion shall take the right of reply at\nthe conclusion of the vote on any amendments;\n(c) The mover of the amendment does not have a right of reply;\n(d) Once the right of reply has been taken, there can be no further discussion, nor any other amend-\nment and the substantive motion as amended is immediately put to the vote;\n13.12 Amendments Must Not Negate Original Motion\nNo amendment to a motion can be moved which negates the original motion or the intent of the original\nmotion.\n13.13 Mover of Motion Not to Speak on Amendment\nOn an amendment being moved, any member may speak to the amendment, except the person who\nmoved the substantive motion who is only entitled to a right of reply on the substantive motion except,\nthat if the person who moved the substantive motion does choose to speak to the amendment, that\nperson’s right of reply is forfeited.\n13.14 Question—When Put\nWhen the debate upon any question is concluded and the right of reply has been exercised, the President\nshall immediately put the question and, if so desired by any member, shall again state it.\n\nGOVERNMENT GAZETTE, WA 97926 February 1998]\n13.15 Method of Taking Vote\n(1) In putting the question to the Council, the President shall ask whether there is any objection to the\nmotion, and if not the motion is carried unanimously.\n(2) If objection is raised to the motion, the President shall put the question as often as necessary to\ndetermine the decision from a show of hands before declaring the decision.\n(3) If any motion for the approval of any matter is decided in the negative, then the matter is deemed\nto have been refused. A separate motion may then be moved giving reason for refusal.\n(4) If any motion for the refusal of any matter is decided in the negative, then a separate motion for\napproval is needed to authorise any action to be taken.\n14. POINTS OF ORDER\n14.1 Points of Order—When to Raise—Procedure\nUpon a matter of order arising during the progress of a debate, any member may raise a point of order\nincluding interrupting the speaker. Any member who is speaking when a point of order is raised, shall\nimmediately cease while the President listens to the point of order.\n14.2 Points of Order—Definitions\nA difference of opinion or a contradiction of a speaker shall not be recognised as a point of order, but the\nfollowing shall be recognised as valid points of order—\n(a) That the discussion is of a question not before the meeting;\n(b) That offensive or insulting language is being used;\n(c) Drawing attention to the violation of any Local Law or Standing Order of the Council, provid-\ning that the member raising the point of order shall state the Local Law or Standing Order\nbelieved to be breached;\n14.3 Points of Order—Ruling\nThe President shall give a decision on any point of order after the point has been raised by either uphold-\ning or rejecting the point of order.\n14.4 Points of Order—Ruling Conclusive, Unless Dissent Motion is Moved\nThe ruling of the President upon any question of order shall be final, unless a majority of the members\nsupport a motion of dissent with the ruling.\n14.5 Points of Order—Motion Against Ruling Procedure\nAn objection having been taken to the ruling of the President, the member so objecting may immediately\nmove dissent with the ruling. Should the motion be seconded it shall be put to the vote immediately and\nthe result of the vote, whether in support of the ruling or otherwise, shall determine the action to be\ntaken.\n14.6 Points of Order Take Precedence\nNotwithstanding anything contained in these Standing Orders to the contrary, all points of order take\nprecedence over any other discussion and until decided, suspend the consideration and decision of every\nother question.\n15. ADJOURNMENT OF MEETING\n15.1 Meeting May be Adjourned\nThe Council may, upon a motion moved and seconded, adjourn any meeting to a later hour of the same\nday, or to any other time not more than seven days from the date of adjournment.\n15.2 Notice of Adjourned Meeting\nWhen a meeting is adjourned, if time permits, notice of the adjourned meeting shall be forwarded to\neach member in accordance with the Act.\n15.3 Business at Adjourned Meeting\nAt an adjourned meeting, no additional business shall be discussed except that which was on the origi-\nnal notice paper for that meeting.\n15.4 Unopposed Business—Motion for Adjournment of Council\nOn a motion for the adjournment of the Council, the President, before putting the motion, may seek\nleave of the Council to proceed to the transaction of unopposed business.\n15.5 Withdrawal of Motion for Adjournment of Council\nA motion or an amendment relating to the adjournment of the Council may be withdrawn by the mover,\nwith the consent of the seconder, except that if any member objects to the withdrawal the motion must\ncontinue to be debated.\n16. PERSONAL EXPLANATION\n16.1 Personal Explanation\nNo member shall speak, except upon the question before the meeting, unless it is to make a personal\nexplanation. Any member who is permitted to speak under these circumstances must confine the obser-\nvations to a succinct statement of what is to be explained in relation to a specific part of the former\nspeech which may have been misunderstood and to the explanation itself. When a member gives an\nexplanation, that member shall make no reference to matters not strictly necessary for that purpose, nor\nendeavour to strengthen the former position by introducing new argument or matter, nor reply to other\nmembers of the Council.\n\nGOVERNMENT GAZETTE, WA [26 February 1998980\n16.2 Personal Explanation—When Heard\nA member wishing to make a personal explanation of matters referred to by any member then speaking\nshall be entitled to be heard forthwith, if the member then speaking consents at the time, but if the\nmember who is speaking declines to give way, the explanation must be offered at the conclusion of that\nspeech.\n16.3 Ruling on Questions of Personal Explanation\nThe ruling of the President on the admissibility of a personal explanation shall be final unless a motion\nof dissent with the ruling is moved before any other business proceeds.\n17. COMMITTEES OF COUNCIL\n17.1 Appointment of Committees\nA Committee shall not be appointed except on a motion setting out\n(a) the powers and duties proposed to be entrusted to such Committee, and\n(b) the names of the Council members, employees and other persons to constitute the Committee\nor;\n(c) the number of members intended to constitute the Committee and a provision that they be\nappointed by a separate motion.\n17.2 Election of Committee Presiding Member and Deputy Presiding Member\nAt the first meeting of a Committee, a Presiding Member and a Deputy Presiding Member shall be\nelected.\n17.3 Absence from Committee Meetings\nIf any member of a Committee, other than the President, is absent from three consecutive meetings\nwithout having obtained leave of absence from the Council or the Committee, that member’s seat on the\nCommittee shall become vacant.\n17.4 Items to be Numbered\nThe minutes of every Committee shall be divided into items which shall be numbered consecutively.\n17.5 Reports of Committees to be Taken as Read\n(1) The reports and recommendations of every Committee shall, when presented to the Council, be\ntaken as read.\n(2) The adoption of recommendations of the Committee shall be moved by—\n(a) the Presiding Member of each Committee;\n(b) or if absent, another member of the Committee;\n(c) or if no member of the Committee is present, a member of the Council;\n17.6 Procedure of Report of Committees\n(1) Upon the consideration by the Council of any report or recommendations of a Committee, the\nPresident shall, without further motion, put the paragraphs of the report or recommendations, in their\nnumerical order, unless the Council shall otherwise determine.\n(2) Each item adopted by the Council shall become a resolution of the Council and shall be recorded in\nthe minutes.\n17.7 Withdrawal, Correction and Amendments of Committees\n(1) In moving the adoption of a recommendation of any Committee, the mover may not propose an\namendment to any recommendation, except for the correction of a verbal or clerical error.\n(2) The Presiding Member of a Committee, may be excused from moving the\nadoption if the Presiding Member wishes to move an amendment to it. In that case, another member of\nthe Committee or in the absence of a member of the Committee, another member of the Council may\nmove the adoption of the recommendation.\n(3) The Presiding Member or other member of a Committee bringing up a recommendation may, with\nthe consent of the Council, withdraw the recommendation.\n17.8 Permissable Motions on Recommendations from a Committee\n(1) A recommendation made by or contained in a report of a Committee may be—\n(a) adopted by the Council without amendment or modification;\n(b) rejected by the Council in its entirety;\n(c) subject to Sub Section 13.12 and 17.11, amended or modified and adopted with such amend-\nments or modifications;\n(d) referred back to the Committee for further consideration in accordance with paragraph (2)\nhereof;\n(2) A Member may at the conclusion of the speech of any other Member move without notice that the\nquestion or part thereof be referred back to the Committee.\n(3) On a motion referred to in paragraph (2)—\n(a) the mover may speak for not more than five minutes;\n(b) the seconder is not to speak other than to formally second the motion;\n(c) no other debate is to be allowed;\n(4) Where part of the recommendation is referred back to the Committee, the balance of the recom-\nmendation is to be dealt with otherwise in accordance with this sub section.\n\nGOVERNMENT GAZETTE, WA 98126 February 1998]\n(5) Where any matter is still under consideration by a Committee, that Committee may report to the\nCouncil for information purposes only and not for decision by the Council.\n17.9 Reports of Committees—Questions\nWhen a recommendation of any Committee of the Council is submitted for adoption, any member of the\nCouncil may direct questions directly relating to the recommendation through the President, to the\nPresiding Member or any member of the Committee bringing up the recommendation.\n17.10 Procedure on Amendments on Reports of the Committees\nWhen an amendment is proposed with reference to the adoption or otherwise of any recommendation of\nany Committee, the amendment shall be disposed of before the other proceedings of the Committee are\nconsidered.\n17.11 Non-Related Motions on Reports of Committees\nA member of the Council may not move any motion on any report or recommendation of any Committee\nwhich does not relate to the recommendations presented by the Committee.\n17.12 Recommendations of Committees—Inspection of Plans\nAll plans referred to in the recommendation of the Committee, and that may require the consideration of\nthe Council, shall lay on the table of the Council Chamber for the inspection of members of the Council\nat the meeting at which the matter is being considered.\n17.13 Committee Procedure\nEach Committee shall, subject to the Act, Regulations, these Standing Orders and any policy made by\nthe Council, regulate its own procedure.\n17.14 Rights and Responsibilities of Councillors who are not Committee Members\nCouncillors who are not members of a Committee may participate in the meeting only at the Invitation\nof the Presiding Member but they are not entitled to vote.\n17.15 Standing Orders to Apply to Committees\n(1) These Standing Orders shall apply generally to the proceedings of Committees of the Council,\nexcept that the following Clauses shall not apply to meetings of Committees—Clauses 2.1, 7.2, 8.1, 8.6,\n9.2, 13.13, 15.2, 17.1 and 17.5 to 17.11 inclusive.\n(2) In the case of Clauses not excluded by subClause (1) above, a reference to a Council meeting shall\nbe read as a reference to a Committee meeting, a reference to the Council shall be read as a reference to\na Committee, and a reference to President shall be read as a reference to Presiding Member.\n18. DISCLOSURE OF FINANCIAL INTERESTS\n18.1 Members’ Interests to be Disclosed\nA member who has an interest in any matter to be discussed at a Council or Committee meeting that\nwill be attended by the member must disclose the nature of the interest—\n(a) in a written notice given to the CEO before the meeting; or\n(b) at the meeting immediately before the matter is discussed.\n18.2 Separation of Committee Recommendations\nWhere a member has disclosed an interest in a matter, at a Committee meeting, and the matter is\ncontained in the recommendations of the Committee to an ordinary meeting of Council or to another\nCommittee of the Council, the recommendation concerned is to be separated on the agenda of that\nordinary meeting or other Committee meeting, from other recommendations of the Committee, to enable\nthe member concerned to declare the interest and leave the room prior to consideration of that matter\nonly.\n18.3 Member with an Interest to Leave\nSubject to 18.4 and 18.5, a member who has disclosed the nature of an interest in a matter is to leave the\nroom when the matter arises for consideration or when invited to do so.\n18.4 Member with an Interest May Ask to be Present\n(1) Where a member has disclosed the nature of his or her interest in a matter, immediately before the\nmatter is considered by the meeting, he or she may, without disclosing the extent of the interest, request\nthat he or she be allowed to be present during any discussion or decision making procedure related to the\nmatter.\n(2) If such a request is made, the member must leave the room while the request is considered. If the\nrequest is allowed by the members, the member may return to the meeting and be present during the\ndiscussion or decision making procedure related to that matter, but is not permitted to participate in\nany way.\n18.5 Member with an Interest may ask Permission to Participate\n(1) A member who discloses both the nature and extent of an interest, may request permission and\ntake part in the consideration or discussion of the matter, or to vote on the matter.\n(2) If such a request is made, the member must leave the room while the request is considered. If it is\ndecided at a meeting that a member who has disclosed both the nature and extent of an interest in a\nmatter, be permitted to participate in the consideration and discussion of the matter or to vote on the\nmatter, or both, then the member may return to participate to the extent permitted.\n18.6 Invitation to Return to Provide Information\nWhere a member has disclosed an interest in a matter and has left the room in accordance with the Act,\nthe meeting may resolve to invite the member to return to provide information in respect of the matter\nor in respect of the member’s interest in the matter and in such case the member is to withdraw after\nproviding the information.\n\nGOVERNMENT GAZETTE, WA [26 February 1998982\n18.7 Declaration of Due Consideration\nAny member who is not familiar with the substance of any report or minutes or other information\nprovided for consideration at a meeting is to declare that fact before the meeting considers the matter\nand in the event that any member makes such a declaration the relevant matter is to be stood down for\nlater consideration at the meeting so as to allow an opportunity for any member making a declaration to\nbecome familiar with the relevant report or minutes or other information. If the delay in consideration\nof the matter has not allowed sufficient time for the member to give due consideration to the matter, the\nmember should leave the room before any question concerning the matter is put to the vote.\n18.8 Disclosures by Employees\n(1) If an employee within the meaning of Section 5.70 of the Act, presents a written report to a meet-\ning, on a matter in which the employee has an interest, the nature of the interest is to be disclosed at the\ncommencement of the report.\n(2) If such an employee makes a verbal report to a meeting on a matter in which the employee has an\ninterest, the employee is to preface his or her advice to the meeting by verbally disclosing the nature of\nthe interest.\n19. REVOKING OR CHANGING DECISIONS\n19.1 Revoking Decisions—When this Can Occur\nA decision may be revoked or changed at the same meeting at which it was made if—\n(1) (a) at least one third of the number of offices (whether vacant or not) of members of the Council\nor Committee support the motion to revoke or change the decision;\n(b) the member who proposes the revocation or change of the decision—\n(i) clearly identifies the decision to be revoked or changed and;\n(ii) clearly states the reason for seeking the revocation or change;\n(c) the motion to revoke or change the decision is carried—\n(i) in the case where the decision to be revoked or changed was required to be carried by\nan absolute majority or by a special majority, by that kind of majority; or\n(ii) in any other case by an absolute majority;\n(2) A decision may be revoked or changed at a meeting other than the one at which it was originally\nmade if—\n(a) The motion to revoke or change the decision is supported—\n(i) in the case where an attempt to revoke or change the decision has been made within\nthe previous 3 months but had failed, by an absolute majority; or\n(ii) in any other case, by at least one third of the number of offices (whether vacant or not)\nof members of the Council or Committee;\n(b) the member who proposes the revocation or change of the decision—\n(i) clearly identifies the decision to be revoked or changed; and\n(ii) clearly states the reason for seeking the revocation or change;\n(c) the motion to revoke or change the decision is carried—\n(i) in the case where the decision to be revoked or changed was required to be carried by\nan absolute majority or by a special majority, by that kind of majority; or\n(ii) in any other case, by an absolute majority;\n19.2 Implementation of a Decision\n(1) If a notice of motion to revoke or change a decision of the Council or a Committee is received by the\nCEO before any action has been taken to implement that decision, then no steps are to be taken to\nimplement or give effect to that decision until such time as the motion of revocation has been dealt with.\n(2) The Council or a Committee shall not entertain a motion for revocation or change of a decision of\nthe Council or the Committee whether the motion of revocation or change is moved with or without\nnotice, if at the time the motion is moved or notice is given—\n(a) action has been taken to implement the decision; or\n(b) where the decision concerns the issue of an approval or the authorisation of a licence, permit or\ncertificate, and where that approval or authorisation of a licence, permit or certificate has been\nput into effect by the Council in writing to the applicant or the applicant’s agent by an employee\nof the Council authorised to do so;\nunless there is a statement of impact of the legal and financial consequences of accepting and carrying\na motion of revocation or change.\n19.3 Motion to Change Having Effect of Revocation\nThis Clause does not apply to the change of a decision unless the effect of the change would be that the\ndecision would be revoked or would become substantially different.\n20. Administrative Matters\n20.1 Suspension of Standing Orders\n(a) The mover of a motion to suspend any Standing Order or Orders shall state the Standing Order\nor Orders to be suspended.\n(b) A motion to suspend, temporarily, any one or more of the Standing Orders regulating the pro-\nceedings and business of the Council or a Committee must be seconded, but the motion need\nnot be presented in writing.\n\nGOVERNMENT GAZETTE, WA 98326 February 1998]\n20.2 Cases Not Provided for in Standing Orders\nThe President shall decide all questions of order, procedure, debate or otherwise in respect of which no\nprovisions of insufficient provision is made in these Local Laws.\nThe decisions of the President in all such cases shall be final in each particular case unless a majority of\nthe members then present shall on motion made forthwith without discussion dissent therefrom.\n20.3 Penalty for Breach of Standing Orders\nAny person guilty of any breach of these Standing Orders or any of the provisions hereof, shall be liable\nto a penalty not exceeding $1,000.00.\n20.4 Duty of Chief Executive Officer\nIt is the duty of the Chief Executive Officer to draw the attention of the Council to any breach or likely\nbreach of these Standing Orders even if it requires interrupting any person speaking, including the\nPresident.\n20.5 Confidentiality\n(1) Every matter dealt with by, or brought before a meeting sitting behind closed doors, shall be treated\nas strictly confidential, and shall not without the authority of the Council be disclosed to any person\nother than the President, members or the officers or employees of the Shire (and in the case of officers\nand employees only so far as may be necessary for the performance of their duties) prior to the discus-\nsion of that matter at a meeting of the Council held with open doors. Nothing herein shall prevent the\nCEO from recording the business conducted at the meeting in the Minute Book.\n(2) All documents of the Local Government, whether brought before the Council or a Committee of the\nCouncil or not, that are marked ‘CONFIDENTIAL’ or ‘NOT FOR PUBLICATION’ at the head therefore,\nare confidential to the Council, and shall not be published, copied or reproduced, in whole or in part, in\nany manner whatsoever without the express permission of the Council or the CEO.\n(3) A person who contravenes the provisions of the preceding Clause commits an offence.\n20.6 Meetings of Electors\nThese Standing Orders Local Laws shall so far as is practicable, apply to all meetings of Electors held\npursuant to the Act.\nA person who is not an elector may not take any part in any discussion at that meeting, unless the\nmeeting, by a motion so permits, but that person is not entitled to vote.\nThe Common Seal of the SHIRE OF CARNARVON was hereunto affixed by a a resolution of the Council\nin the presence of—\n\nGOVERNMENT GAZETTE, WA [26 February 1998984\nLOCAL LAWS RELATING TO ADVERTISING DEVICES\nUnder the powers conferred upon it by the Local Government Act 1995 and by all other powers, the\nCouncil of the Shire of Carnarvon hereby records having resolved to make the following Local Laws on\nthe 26th day of November 1997.\nPART 1—PRELIMINARY\n1.0 Revocation\nThe following Local Laws are revoked—\nThe By-Laws relating to Advertising Devices published in the Government Gazette of 18 March\n1994 and as amended in the Government Gazette on 31 December 1996.\n1.1 Citation\nThese Local Laws may be cited as the Shire of Carnarvon Local Laws Relating to Advertising Devices.\n1.2 Interpretation\nIn these Local Laws, unless the context otherwise requires—\n“Act” means the Local Government Act 1995 (as amended)\n“Advertising Device” means any object on which words, motifs or numerals are written, placed,\naffixed or painted for the purpose of advertising any business, function, operation, event or\nundertaking or any product or thing whatsoever, and includes any vehicle or trailer or other\nsimilar stationary object placed or located so as to serve the purpose of advertising any busi-\nness, function, event, product, or undertaking and includes any sign, hoarding, bills, placards\nand other devices, structures or things as prescribed in the Act or these Local Laws.\n“Animated Sign” means any sign which moves or is capable thereof or contains moving parts or\nwhich changes or alters its messages, flashes on and off, chases, scintillates or has a moving\nflashing or scintillating border or emblem and includes an advertisement light display but does\nnot include a flashing beacon sign.\n“Authorised Person” means in respect of a particular function to be performed under these Local\nLaws an employee of the Shire of Carnarvon authorised by the Council to perform that function.\n“Bill Posting” means the sticking or posting of any bill, or painting, stencilling, placing, or affixing of\nany advertisement on any building, structure, fence, wall, hoarding, signpost, pole, blind, or\nawning or on any rock or other like place or thing so as to be visible to any person in a thorough-\nfare, public place, reserve or other land, and bill post has a like meaning.\n“Council” means the Council of the Shire of Carnarvon.\n“Development Sign” means a sign or signs erected on an area of land which has been approved for\nsubdivision into a number of smaller lots, advertising the lots for sale but upon which no build-\ning development has taken place at the time of approval of the sign(s).\n“Direction Sign” means a sign erected in a street or public place to indicate the direction to another\nplace but does not include any such sign erected or affixed by the Council or the Commissioner\nof Main Roads or a road direction sign erected or affixed by a duly incorporated association or\nunion of motorists authorised in that regard by the Minister for the time being administering\nthe Traffic Act.\n“Display Home Sign” means a sign erected on a lot on which a display home is erected.\n“Election Sign” means a sign erected in a thoroughfare, public place or on private property for a\nlimited period and for the sole purpose of an election of candidates in Commonwealth, State or\nLocal Government elections.\n“Fly Posting” without limiting the generality of the provisions in these Local Laws relating to bill\nposting means advertising by means of more than one poster placed on fences, walls, trees,\nrocks, and any like places, or things without authority and fly post has a like meaning.\n“Hoarding” means a detached or detachable structure other than a pylon sign that is erected for the\nsole purpose of displaying a sign or signs and does not include a hoarding within the meaning of\nSection 377 of the Local Government (Miscellaneous Provisions) Act, but shall include a poster\npanel, wall panel or an illuminated panel.\n“Horizontal Sign” means an Advertising Device fixed parallel to the wall of a building to which it is\nattached with its largest dimension horizontal.\n“Illuminated Panel” means a posted or painted advertisement externally illuminated by an artifi-\ncial source of light.\n“Illuminated Sign” means an Advertising Device that is so arranged as to be capable of being lighted\neither from within or without the Advertising Device by artificial light provided, or mainly\nprovided for that purpose.\n\nGOVERNMENT GAZETTE, WA 98526 February 1998]\n“Information Panel” means a panel used for displaying Government and Local Government notices,\nfunctional and dated announcements of a religions, educational, cultural, recreational or simi-\nlar character, general information for the benefit of the public and travellers and general com-\nmercial advertising.\n“Institutional Sign” means a sign erected or placed on any land or building used for or in connection\nwith a surgery, clinic, hospital, rest home, home for the aged, or other institution or place of a\nsimilar nature.\n“Licence” means a licence issued by the Local Government in accordance with the requirements of\n“Other Sign” means any other type of advertisement not specifically defined in these Local Laws.\n“Portable Sign” is an Advertising Device and means an unfixed free standing sign.\n“Projection Sign” means a sign that is made by the projection of light on a wall or similar structure.\n“Pylon Sign” means an Advertising Device supported by one or more piers and not attached to a\nbuilding and includes a detached sign framework supported on one or more piers to which sign\ninfills may be added.\n“Roof Sign” means an Advertising Device erected on the roof of a building.\n“Rural Producer’s Sign” means a sign erected on land zoned for horticultural purposes and which\nadvertises goods or products produced, grown or lawfully manufactured upon the land within\nthe boundaries of which the sign is located and includes the property owners name.\n“Sale Sign” means a sign indicating that the premises whereon it is affixed are for sale, for letting or\nto be auctioned.\n“Sandwich Board Sign” means a free standing double sided sign forming an “A” frame shape being\nof a portable type.\n“Semaphore Sign” means an Advertising Device affixed and supported at, or by one of its ends only.\n“Sign” includes a signboard, portable sign, horizontal sign, illuminated sign, institutional sign, py-\nlon sign, roof sign, sale sign or any other sign or Advertising Device as prescribed in these Local\n“Sign Infill” means a panel which can be fitted into a pylon sign framework.\n“Tower Sign” means an Advertising Device affixed to or placed on a chimney stack or an open struc-\ntural mast or tower.\n“Verandah” for the purpose of these Local Laws, includes cantilever awnings, cantilever verandahs\nand balconies whether over public thoroughfares or over private land.\n“Verandah Sign” means an Advertising Device above, on or under verandahs.\n“Vertical Sign” means an Advertising Device attached to a building in which the vertical dimension\nexceeds the horizontal dimension exclusive of the back projection.\n“Wall Panel” means a panel used for displaying a posted or painted advertisement; it is affixed to or\nadjoining the wall of business premises or erected on the forecourt of such business premises.\n“Wall Sign” is an Advertising Device and means a sign painted on or directly affixed to the fabric of\na wall.\n1.3 Application of these Local Laws\n(1) These Local Laws apply to the whole of the district of the Shire of Carnarvon.\n(2) All Advertising Devices, unless otherwise exempt under clause 1.4 of these Local Laws, are to be\nconstructed, erected and maintained in accordance with the provisions of these Local Laws.\n1.4 Exempt Advertising Devices\nThese Local Laws do not apply in the case of the following Advertising Devices—\n(a) an Advertising Device erected or maintained pursuant to any Act having operation within the\nState;\n(b) a ‘for sale’ sign not exceeding 1sq.m. in area for sale of that property upon which the sign is\nerected;\n(c) a plate not exceeding 1sq.m. in area erected or affixed on or between the street alignment and\nthe building line to indicate the name and occupation or profession of the occupier of the premises;\n(d) Advertising Devices for use solely for the direction and/or control of people, animals and/or\nvehicles or to indicate the name and/or street number of a premises, providing the area of any\nsuch sign does not exceed 1sq.m. in area;\n(e) advertisements affixed to or painted on a shop window by the occupier thereof and relating to\nthe business carried on therein;\n(f) Advertising Devices within a building unless such signs are deemed to be objectional by\nCouncil;\n(g) Advertising Devices not larger than 1sq.m. in area on advertising pillars or panels approved by\nor with the consent of Council for the purpose of displaying public notices for information;\n(h) building name signs on residential flats or home units not exceeding 1sq.m. in area;\n(i) for businesses selling newspapers, Advertising Devices of the newspaper headline type,\nprovided such Advertising Devices are secured flat against the wall of the premises.\n\nGOVERNMENT GAZETTE, WA [26 February 1998986\nPART 2—LICENSING\n","sortOrder":16},{"sectionNumber":"Div 1","sectionType":"division","heading":"Advertising Devices to be Licensed","content":"Division 1—Advertising Devices to be Licensed\n2.1 Licence—When Required and Format\n(1) Except in the case of an Advertising Device which is exempt under Clause 1.4, no person shall\nerect, make or maintain an Advertising Device and the owner or occupier of premises shall not suffer or\npermit an Advertising Device to be erected, or made or remain on those premises so as to be visible from\na thoroughfare reserve or other public place, unless the Advertising Device is licensed under these Local\n(2) A licence issued by the Council for an Advertising Device is to be in the form of the Third Schedule.\n2.2 Special Licences—When Allowed and Format\n(1) Notwithstanding Clause 2.1, the Council may, by special licence allow the display of Advertising\nDevices at churches, theatres and other places of public entertainment, election signs or advertisements\nof meetings or other matters of public interest upon such terms and for such period as Council may in\neach case decide.\n(2) A special licence is to be in the form of the Fourth Schedule.\n2.3 Licence to be produced\nA licensee shall, on demand by an Authorised Person, produce any licence issued under these Local\nLaws for inspection.\n","sortOrder":17},{"sectionNumber":"Div 2","sectionType":"division","heading":"Term and Renewal of a Licence","content":"Division 2—Term and Renewal of a Licence\n2.4 Licences Expire 30th September\n(1) A licence issued under these Local Laws shall be in force until the 30th day of September of the\nyear next following the first approval.\n(2) All licenses for Advertising Devices other than those having been first approved shall be renewed\nannually on or before the 1st day of October of any one year and shall be in force until the 30th day of\nSeptember of the year next following that date upon payment of the fees as determined by the Council\nfrom time to time.\n2.5 Licence—Early Cancellation\n(1) Notwithstanding Clause 2.4, where a person proposes to alter, amend, relocate, or otherwise modify\nany Advertising Device in respect of which a licence has been issued such person shall make application\nfor a new licence in accordance with the requirements of these Local Laws.\n(2) In the event that a person proposes to take down and remove an Advertising Device such person\nshall notify the Council no later than seven (7) days after the removal of such device in order that the\nlicence may be cancelled.\n","sortOrder":18},{"sectionNumber":"Div 3","sectionType":"division","heading":"Application for a Licence","content":"Division 3—Application for a Licence\n2.10 Licence Application\n(1) An application for a licence under these Local Laws shall—\n(a) be made in duplicate in the form of the Second Schedule hereto;\n(b) be accompanied by the fee as determined by the Council from time to time;\n(c) where being made for the first issue of a licence, be accompanied by a plan and structural\ndetails of the Advertising Device drawn to a scale of not less than 1 to 50 showing the size,\nposition, design and inscription to appear thereon, and a block plan of a scale 1:500 showing the\nlocation on the property where the Advertising Device is to be erected, the method of construc-\ntion and fixing of the Advertising Device for which the licence is sought;\n(d) Where being made for the first issue of a licence in respect to a hoarding, pylon sign, roof sign,\nsemaphore, vertical sign or where otherwise required by the Council be accompanied by a cer-\ntificate from an architect or structural engineer certifying that the building or structure upon\nwhich it is proposed to erect the Advertising Device is in all respects of sufficient strength to\nsupport the Advertising Device under all conditions, and that the Advertising Device is itself of\nstructurally sound design; and\n(e) where being made for the first issue in respect of an illuminated Advertising Device shall be\naccompanied by a letter of consent to the erection of the Advertising Device, signed by or on\nbehalf of the person or body having for the time being the management of traffic control lights\nwithin the district of the Shire of Carnarvon.\n(2) An applicant for a licence shall furnish in writing such further particulars as may be required by\nthe Council.\n","sortOrder":19},{"sectionNumber":"Div 4","sectionType":"division","heading":"Grounds for Refusal or Revocation of a Licence","content":"Division 4—Grounds for Refusal or Revocation of a Licence\n2.11 Licence Refusal\nA licence for an Advertising Device may be refused by the Council if—\n(a) the Advertising Device does not or would not comply with a provision of these Local Laws; or\n(b) the Advertising Device would, in the opinion of the Council, increase the number or variety of\nsigns so as to become too numerous or various to be acceptable in an area or be injurious to the\namenity or natural beauty or safety of an area; or\n(c) the Advertising Device advertises goods or services which are not displayed of offered for sale or\notherwise available to the public upon or from the land near where the Advertising Device is\nlocated.\n\nGOVERNMENT GAZETTE, WA 98726 February 1998]\n2.12 Licence Revocation\nThe Council may revoke a licence by notice in writing, without affecting the liability of the licensee to a\npenalty under these Local Laws, if—\n(a) the conditions of the licence or a provision of these Local Laws are not complied with; or\n(b) the licensee is convicted of an offence against the Local Laws.\nPART 3—RESTRICTIONS ATTACHING TO ALL ADVERTISING DEVICES\n3.1 An Advertising Device shall not be erected or maintained—\n(a) so as to obstruct the view, from a thoroughfare or public place, of traffic, in anythoroughfare or\npublic place;\n(b) where it would detract from the aesthetic environment of a public park or pleasure ground;\n(c) on any thoroughfare reserve for other purposes than a direction sign, except as otherwise ap-\nproved pursuant to these Local Laws;\n(d) on any natural feature, including a rock or tree, or any bridge or the structural approaches to a\nbridge or viaduct;\n(e) in the instance of an internally illuminated Advertising Device, where the manner of its dis-\nplay would cause glare, or dazzle or otherwise distract the driver of any vehicle, or affect the\namenity of the area;\n(f) in the instance of an externally illuminated Advertising Device, where the light would not be\ndirected solely onto the device and its structural surround, and the light source was not so\nshielded that glare would not occur or extend beyond the Advertising Device and cause the\ndriver of any vehicle to be distracted, or affect the amenity of the area;\n(g) where it would be likely to interfere with, or cause risk or danger to, thoroughfare traffic by\nvirtue of the fact that it:\n(i) may be mistaken or confused with or obstruct or obscure or otherwise reduce the clar-\nity or effectiveness of any traffic control device;\n(ii) would invite traffic to turn and would be sited so close to the turning point that there\nwould not be reasonable time for a person to signal and turn safely;\n(iii) would invite traffic to move contrary to any traffic control device or turn where there is\nfast moving traffic; and\n(iv) may obscure the vision of a person driving a vehicle.\n(h) in the case of an illuminated Advertising Device where it—\n(i) may be confused with or mistaken for the stop or tail lights of a vehicle or vehicles;\n(ii) includes animation which incorporates more than four changes per minute, or, in the\ncase of chasing globes, more than one globe in four would chase;\n(iii) includes rotation and the rotation would exceed four equal changes per minute for a\ntwo-faced, three equal changes per minute for a three faced, two equal changes per\nminute for a four faced Advertising Device;\n(iv) would operate at a time when it might cause a traffic hazard.\n(i) on any building or structure of which the stability is, in the opinion of the Council likely to be\naffected by the Advertising Device;\n(j) on a light, power of thoroughfare pole without the approval of the relevant authority responsi-\nble for the erection of that pole;\n(k) in any position where it obstructs or obscures or may obstruct or obscure a person’ s view from\na dwelling of a river, the sea or any other natural feature of beauty.\n(l) or displayed or exhibited on a vehicle left standing or parked on a thoroughfare reserve prima-\nrily for the purpose of displaying or exhibiting such advertisements or for the soliciting of busi-\nness or sale of goods to which such advertisements refer.\n(m) as a movable or portable sign in a thoroughfare or public place, unaffixed to a building except\nas otherwise approved by Council pursuant to these Local Laws.\nPART 4—CONDITIONS ATTACHING TO ALL ADVERTISING DEVICES\n4.1 Fixing of Advertising Devices\nEvery Advertising Device shall be securely fixed to the structure by which it is supported, to the satisfac-\ntion of the Council and shall be safely maintained.\n4.2 Headroom\nEvery Advertising Device shall be so fixed as to provide a clear headway thereunder of, not less than\n2.4m unless otherwise approved by the Council.\n4.3 Obstruction to Door, etc.\nAn Advertising Device shall not be erected so as to obstruct access to or from any door, fire escape or\nwindow, other than a widow designed for the display of goods.\n4.4 Materials\nGlass or readily combustible materials or other materials, likely to be a risk to public safety shall not be\nused in the construction of Advertising Devices licensed pursuant to these Local Laws.\n\nGOVERNMENT GAZETTE, WA [26 February 1998988\n4.5 Advertising Devices to be Kept Clean\nEvery Advertising Device shall be kept clean and free from unsightly matter and shall be maintained by\nthe licensee or owner in good order free of dilapidation.\n4.6 Inscription on Advertising Devices\nExcept in the case of a hoarding, sandwich board or direction sign, Advertising Devices generally shall\nonly display the following—\n(a) the name of one or more of the occupiers of the premises; and/or\n(b) details of the business carried on in the premises; and/or\n(c) details of the goods sold in the premises to which it is affixed; and/or\n(d) any other matter approved by Council.\nPART 5—PROVISIONS RELATING TO ADVERTISING DEVICES\n5.1 First Schedule Applies\nAn Advertising Device shall comply with the specifications set out in the First Schedule.\n5.2 Animated Signs\n(1) An animated sign shall comply with the specifications relating to the particular sign of which it is\npart thereof or comprises in full.\n(2) It shall be located in such position that there is no conflict with any person or vehicle and may not\nbe incorporated in a portable type system on any site.\n(3) An animated sign with moving parts shall be secured in situations where high wind speeds are\nanticipated to occur, in accordance with Clause 4.1 and not have any part thereof nearer any part of\nanother Advertising Device erected on the same lot/site than as stated in column 10 of the First Sched-\nule.\n5.3 Bill Posting\n(1) Subject to Sub-Clause 2 a person shall not post any bill, or paint, stencil, place or affix any adver-\ntisement on any thoroughfare or on any building, structure, fence, wall, hoarding, sign, post, blind or\nawning within the Shire of Carnarvon.\n(2) This Local Law does not apply to advertisements affixed to, or painted on, a shop window by the\noccupier thereof and relating to the business carried on therein in compliance with the requirements of\nthe First Schedule.\n5.4 Development Signs\nA development sign shall;\n(a) only be erected where more than 4 subdivisional lots are to be produced in the development or\nthe stage of development being advertised;\n(b) only be erected in the ratio of 1 square metre of area per hectare up to a maximum of 50 square\nmetres with no individual sign exceeding 20 square metres;\n(c) not have any part thereof nearer any part of another Advertising Device erected on the same\nlot/site than as stated in column 10 of the First Schedule; and\n(d) be removed from the site within two years or when 80% of the lots in the subdivision have been\nsold, whichever is the sooner.\n5.5 Direction Signs on Thoroughfare Poles\nA direction sign attached to a pole in a thoroughfare shall comply with the specifications in the First\nSchedule.\n5.6 Election Signs\n(1) Signs erected on private properties such as residential lots shall be setback from the boundary of\nthe property as set out in the columns 8 and 9 of the First Schedule.\n(2) Signs erected within thoroughfare reserves shall be—\n(a) a minimum distance from any intersection, including traffic island turnaround accessways as\nset out in column 10 of the First Schedule;\n(b) free standing and not affixed to any existing sign post, power or light pole, or similar structure;\n(c) placed so as not to interfere with pedestrian, cycling or automotive access within the thorough-\nfare reserve;\n(d) placed in such other position that an adjacent landowner who may not be of an individual\npolitical following is not compromised by such election signage.\n(3) All signs and posters erected shall be maintained in good order and repair.\n(4) Any signs or posters erected for electioneering purposes shall be removed within 24 hours of the\nclose of polls on voting day.\n5.7 Fence Signs\nSigns may, with approval be painted or affixed on the side or rear fence of lots, which are used for\nbusiness purposes, but any such sign shall not be nearer to the thoroughfare than a distance equal to its\nown height above the ground.\n5.8 Fly Posting\nNo person shall advertise by means of fly posting at any place or location within the district of the Shire\nof Carnarvon except on the inside of shop windows with the owner’s approval and in compliance with\nposter specifications in the First Schedule.\n\nGOVERNMENT GAZETTE, WA 98926 February 1998]\n5.9 Hoardings\nHoardings shall not—\n(a) be erected in a residential area;\n(b) except with the approval of Council, be erected within such distance of any thoroughfare or\nother public place as stated in column 8 and 9 of the First Schedule, and in any case not closer\nthan its own height to a thoroughfare or public place;\n(c) be of greater area than as stated in column 4 of the First Schedule;\n(d) not have any part thereof nearer any part of another Advertising Device erected on the same\nlot/site than as stated in column 10 of the First Schedule.\n5.10 Horizontal Signs\nA horizontal sign shall—\n(a) be fixed parallel to the wall of the building to which it is attached;\n(b) not project from the wall to which it is attached for a greater distance than stated in column 7\nof the First Schedule.\n5.11 Illuminated Signs\nEvery illuminated sign shall—\n(a) satisfy the provisions of Clause 3.1;\n(b) have its electrical installation constructed and maintained to the satisfaction of Western Power;\n(c) comply with the specifications in the First Schedule; and\n(d) not have any part thereof nearer any part of another Advertising Device erected on the same\nlot/site than as stated in column 10 of the First Schedule.\n5.12 Information Panels\nThe Council may provide information panels or bays of varying sizes and charge fees for the inclusion of\nadvertisements in such panels or bays.\n5.13 Institutional Signs\nInstitutional signs shall comply with the specifications in the First Schedule, except with the approval\nof the Council, but in any case shall not exceed in area that stated in column 4 of the First Schedule.\n5.14 Portable Signs\n(1) Portable signs shall—\n(a) be located wholly within the boundaries of land or approved prolongation thereof owned or\noccupied by a person who erected or who has maintained the sign;\n(b) only advertise a product or service available within the boundaries of the land to which the sign\nrelates;\n(c) not exceed a height stipulated in column 2 of the First Schedule as measured above the level of\nthe ground immediately below it;\n(d) not exceed an area as stated in column 4 of the First Schedule;\n(e) be placed so as not to cause interference or hazard to vehicular traffic, or cause any interference\nor hazard to or impede pedestrians;\n(f) be of a design which prevents any movement of the sign by the wind; and\n(g) only be erected or maintained whilst the premises which the sign is referring to is open for\nbusiness.\n(2) Where a portable sign is proposed to be located in a thoroughfare or public place, the owner of the\nbusiness to which the sign relates, through his insurance company, shall provide Council with written\nevidence of indemnity arrangements made for public liability insurance in the joint names of the owner\nand the Council in respect to the portable sign.\n(3) Where indemnity is so provided as required in Sub Clause (2) such indemnity shall be to a limit of\nnot less than five million dollars, and is to be acceptable in all other respects to the insurance company\nat the time acting for and on behalf of Council.\n(4) The indemnity shall be in the first instance provided to Council at the time of application and in all\nsubsequent instances at the time of renewing of the licence for the portable sign and shall be continu-\nously maintained for the duration of approval and use of the sign.\n5.15 Projection Signs\n(1) No person shall install or operate a projection sign which can be seen from any thoroughfare, or\nother public place, onto a building, screen or structure without a licence issued by the Council nor\nwithout the consent of the owner of the building or structure.\n(2) No licence shall be issued;\n(a) unless the building, screen or structure onto which it is proposed to project such projection\nsign(s) is specified in the application for such licence; and\n(b) in respect of any such projection sign which when projected onto a building, screen or structure\nexceeds the specifications stated in columns 2, 3, 4 and 6 of the First Schedule.\n(c) Where it is proposed to project such projection signs onto a building, screen or structure in a\nseries, one licence may be issued in respect of all the projection signs in that series provided\nthat no projection sign other than that or those in respect of which a licence has been issued\nshall be projected.\n\nGOVERNMENT GAZETTE, WA [26 February 1998990\n(d) Where a licence has been issued pursuant to this Local Law the projection sign in respect of\nwhich it has been issued shall not be projected onto any building, screen or structure not speci-\nfied in such licence.\n(e) The owner or occupier of any building, screen or structure shall not permit any projection sign\nto be projected onto the same unless a licence has been issued pursuant to this Local Law.\n5.16 Pylon Signs\n(1) A pylon sign shall—\n(a) not have any part thereof above the level of the ground immediately below it less than that\nstated in column 5 of the First Schedule;\n(b) except with the approval of Council not exceed the area as stated in column 4 of the First\nSchedule;\n(c) not project in or over any thoroughfare a greater distance than as stated in column 7 of the\nFirst Schedule;\n(d) where required by the Council be certified by a practising structural engineer in respect to the\nstructural adequacy of the Advertising Device and supporting structures;\n(e) subject to Sub Clause 2, not be nearer the side boundaries of the lot on which it is erected than\nas stated in column 9 of the First Schedule; and\n(f) not have any part thereof nearer any part of another Advertising Device erected on the same lot\nthan as stated in column 10 of the First Schedule.\n(2) Where a lot on which a pylon sign is to be erected abuts on an intersecting thoroughfare, the\nCouncil may authorise the erection of the Advertising Device at a lesser distance from the side bounda-\nries than that prescribed by paragraph (e) of Sub Clause 1 but not less than 50% of required setbacks.\n5.17 Roof Signs\nA roof sign shall—\n(a) not extend beyond the external walls of the building;\n(b) not exceed in height above the point of the roof to which it is fixed a greater distance than as\nstated in column 2 of the First Schedule; and\n(c) be certified by a practising structural engineer in respect to structural adequacy of the Adver-\ntising Device and supporting structures.\n5.18 Rural Producer Signs\nA rural producer sign shall—\n(a) not indicate or display any matter other than advertising the sale of produce grown on the land\non which the sign is erected;\n(b) be erected within the boundaries of the rural holding on which the produce offered for sale was\ngrown;\n(c) not exceed the area as stated in column 4 of the First Schedule; and\n(d) not be of a height above the natural ground level than as stated in column 6 of the First Sched-\nule.\n5.19 Sale Signs\n(1) A person may erect a sale sign not exceeding the area as stated in column 4 of the First Schedule as\nfollows—\n(a) in respect of an auction sale providing it is erected not more than 28 days before the date on\nwhich the auction sale is to be held and that it is removed not later than 7 days after the sale;\n(b) in respect of the sale of subdivisional land such sign is not permitted to remain for a period\nexceeding 6 months; and\n(c) advertising that flats and dwelling units in a building erected, or to be erected, on the land on\nwhich the sale sign is situated, are or will be available for letting or for purchase, providing\nthat sale sign is not erected, or allowed to remain upon the land before the date of issue of the\nbuilding licence in respect of such building, or after 3 months following the completion of the\nbuilding.\n(2) No sale sign or Advertising Device shall be allowed to remain on any premises or property longer\nthan 7 days after the purpose or event it advertised has occurred.\n5.20 Sandwich Board Signs\n(1) Where a sandwich board sign is proposed to be located in a thoroughfare or public place the owner\nof the business to which the sign relates, through his insurance company, shall provide Council with\nwritten evidence of indemnity arrangements made for public liability insurance in the joint names of the\nowner and the Council in respect to the sandwich board sign.\n(2) Where indemnity is so provided as required in Sub Clause (1) such indemnity shall be to a limit of\nnot less than five million dollars, and is to be acceptable in all other respects to the insurance company\nat the time acting for and on behalf of Council.\n(3) The indemnity shall be in the first instance provided to Council at the time of application and in all\nsubsequent instances at the time of renewing of the licence for the sandwich board sign and shall be\ncontinuously maintained for the duration of approval and use of the sign.\n(4) A sandwich board sign shall—\n(a) not exceed the height as stated in column 2 of the First Schedule;\n(b) not exceed the area on each side as stated in column 4 of the First Schedule;\n\nGOVERNMENT GAZETTE, WA 99126 February 1998]\n(c) relate only to the business activity of the advertiser; and\n(d) contain the word “open”.\n(5) A person shall not erect a sandwich board sign in any position other than immediately adjacent to\nthe building or business to which the sign relates.\n(6) A person shall not erect more than one sandwich board sign in relation to the one building or\nbusiness.\n(7) A person who erects a sandwich board sign shall remove it at the close of business each day and\nshall not erect it again until the commencement of business on the following or subsequent day.\n(8) A sandwich board sign shall be secured in position in accordance with requirements issued by the\n(9) A sandwich board sign shall be so located so as not to be or form a hazard to, or, obstruct the\nthoroughfare or access to any person using or wishing to use a footpath, thoroughfare or any other public\nplace or wishing to cross a thoroughfare.\n5.21 Semaphore Sign\n(1) A semaphore sign shall—\n(a) be fixed at right angles to the wall to which it is attached;\n(b) not project a greater distance than as stated in column 7 of the First Schedule from any point of\nattachment nor be of a greater height at any point than as stated in column 2 of the First\nSchedule; and\n(c) be fixed over or adjacent to the entrance to a building.\n(2) Not more than one semaphore sign shall be fixed over, or adjacent to any one entrance to a building\nor business.\n5.22 Sign Infills\n(1) Notwithstanding the provisions of Clause 5.16, Council may permit the construction of a pylon\nsign infill at a lesser height than as stated in column 5 of the First Schedule where the pylon sign is\nlocated wholly within the lot boundaries and within a landscaped area.\n(2) Where pylon signs are to be erected on a lot on which unit factories or small shops are erected or are\nto be erected Council may require all the pylon signs to be incorporated into one pylon sign complying\nwith the following—\n(a) initial approval is to be given to the pylon sign framework together with one or more sign\ninfills;\n(b) an application is to be submitted and approval given for each additional infill;\n(c) all infills to be of an equal size and space is to be provided for not more than one infill for each\nshop or unit on the lot; and\n(d) where Council requires pylon signs to be combined, the total area of the infill signs specified\nmay be increased to a maximum of 50% over that stated in column 4 of the First Schedule.\n5.23 Tower Signs\nA tower sign shall not, unless otherwise approved—\n(a) exceed in height, one fifth of the height of the mast, tower or chimney stack on which it is\nplaced;\n(b) extend laterally beyond any part of the mast, tower or chimney stack on which it is placed.\n5.24 Verandah Signs\n(1) Signs Above Verandahs:—A sign above a verandah may be erected above the fascia of a verandah,\nif it does not exceed the height as stated in columns 2 and 6 of the First Schedule.\n(2) Signs on Verandah Fascias:—A sign fixed to the outer or return fascia of a verandah:\n(a) shall not exceed the height stated in column 2 of the First Schedule; and\n(b) shall not project beyond the outer metal frame or surround of the fascia.\n(3) Signs under Verandahs:—A sign under a verandah shall:\n(a) not exceed the length or height as stated in columns 2 and 3 of the First Schedule;\n(b) be fixed at right angles to the front wall of the building to which it is to be affixed except on a\ncorner of a building at a thoroughfare intersection where the sign may be placed at an angle\nwith the wall so as to be visible from both thoroughfares;\n(c) not be within 2 metres of another Advertising Device under the verandah.\n5.25 Vertical Sign\nA vertical sign shall—\n(a) not project out from a wall a greater distance than as stated in column 7 of the First Schedule;\n(b) not project a greater distance than as stated in column 7 of the First Schedule above the top of\nthe wall to which it is attached, nor a greater distance stated in column 10 of the First Schedule\nback from the face of the wall;\n(c) not be located nearer another Advertising Device on the same building than as stated in col-\numn 11 of the First Schedule;\n(d) where placed on a corner of a building at a thoroughfare intersection it may be placed at an\nangle with the walls, so as to be visible from both thoroughfares; and\n(e) where required by the Council, be certified by a practising structural engineer in respect to the\nstructural adequacy of the sign and supporting structures.\n\nGOVERNMENT GAZETTE, WA [26 February 1998992\n5.26 Wall Panels (Notice Boards)\n(1) Wall panels shall comprise a framework surround with a lockable transparent cover behind which\nseparate notices may be pinned or affixed or painted with the approval of the property owner.\n(2) Such wall panels shall comply with the specifications as set out in columns 2, 3, 4, 6 and 7 of the\nFirst Schedule.\n(3) An individual notice pinned, affixed or painted on the panel shall not be displayed for periods in\nexcess of 30 days duration without renewal.\n5.27 Wall Sign\n(1) A wall sign painted or affixed to a wall of a structure shall comply with the specifications as set out\nin columns 2, 3, 4, 5, 6 and 7 of the First Schedule.\n","sortOrder":20},{"sectionNumber":"Part 6","sectionType":"part","heading":"OBJECTIONS AND APPEALS","content":"PART 6—OBJECTIONS AND APPEALS\n6.1 The Right to Object and Appeal\nWhen the Council makes a decision under these Local Laws which an affected person could consider to\nbe unfavourable, by—\n(a) refusing to grant a licence or other approval; or\n(b) cancelling, varying, or refusing to renew a licence or other approval;\nthe affected person is to be given written reasons for the decision and advised of the person’s rights to\nobject and appeal against the decision under Part 9, Division 1 of the Act.\n6.2 Lodging a Valid Objection\nAn objection—\n(a) may only be made if the person has not lodged an appeal;\n(b) is to be made to and is to be decided by the Council;\n(c) is to be in the form of the Fifth Schedule; and\n(d) is to be lodged with the Council within such time as is stated in the written notice given under\nClause 6.1, being not less than 28 days after the decision was made.\n6.3 Council Determines an Objection\nThe Council is to consider any submissions made in support of an objection and may uphold or dismiss\nthe objection, or vary its previous decision, and is to advise the person who made the objection of its\ndecision and the reasons therefore.\n6.4 Appeal—When Authorised\nAn appeal may be made by an affected person if—\n(a) an objection to the decision has not been lodged, or an objection having been lodged, a written\nnotice has not been received from the Council of how the objection was decided at the expiration\nof 35 days; or\n(b) an objection to the decision was lodged, and notice in writing has been received of how the\nobjection was decided, and this is considered unfavourable by the person.\n6.5 Making a Valid Appeal\n(1) An appeal is to be—\n(a) made to the Minister for Local Government unless it is against a decision that adversely affects\nthe business or livelihood of the appellant, in which case it is to be made to the Local Court;\n(b) in the form of the Sixth Schedule;\n(c) given to the Minister or Local Court within 42 days after the original decision in the case of an\nappeal under Clause 6.4 (a) or within 42 days after the objection was decided in the case of an\nappeal under Clause 6.4 (b).\n(2) The appellant is to give a copy of the appeal to the Council as soon as practicable after the appeal\nis lodged.\n6.6 Decision on Appeal\n(1) The Minister or the Clerk of the Court, as the case requires, is to advise the appellant in writing of\nthe decision on the appeal and the reasons therefore.\n(2) The decision on an appeal is final and effect is to be given to the decision.\n","sortOrder":21},{"sectionNumber":"Part 7","sectionType":"part","heading":"ENFORCEMENT","content":"PART 7—ENFORCEMENT\nDivision 1—Authorised Persons\n(1) The Council may appoint a person as an Authorised Person for the purposes of performing particu-\nlar functions under the Local Laws and a person shall not hinder or interfere with an Authorised Person\nin the course of that person’s duties.\n(2) An Authorised Person shall on demand show an identification of that person as such.\nDivision 2—Impounding and Reinstatement\nThe Council may take down and remove any Advertising Device, placed or erected on any thoroughfare,\nor other public place which is erected or maintained contrary to the requirements of these Local Laws,\nand may dispose of any Advertising Device or structures appurtenant thereto in accordance with the\n\nGOVERNMENT GAZETTE, WA 99326 February 1998]\nimpounding provisions of Part3 Division 3, subdivision 4 of the Act, and reinstate the thoroughfare, or\npublic place or any other structure to which the Advertising Device was attached or upon which it was\nplaced at the expense of the person or persons responsible for the depositing or erecting of the Advertis-\ning Device thereon or injury thereto and recover any costs incurred in a Court of competent jurisdiction.\nDivision 3—Offences\n(1) Every person who erects or permits the erection of an Advertising Device which does not comply\nwith, or erects or permits to be erected an Advertising Device in a manner contrary to the provisions of\nthese Local Laws commits an offence.\n(2) Every person who maintains an Advertising Device without a licence, or in respect to which a\nlicence has expired, or has been cancelled, commits an offence.\nDivision 4—Penalties\nAny person who is guilty of an offence against these Local Laws is liable to—\n(a) a penalty not exceeding $500.00, and\n(b) a daily penalty, during the breach, not exceeding $50.00.\n\nGOVERNMENT GAZETTE, WA [26 February 1998994\nLocal Laws Relating to Advertising Device\nFIRST SCHEDULE\nSPECIFICATIONS\nTo be read in conjunction with Part 5 to these Local Laws\nColumn 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10 Column 11\nAdvertising Max Height Max Max Area Min Max Projection Setbacks Setbacks Other Location\nDevice Type of Device Length/Width sq.m. Headroom m Height Above Max Front Side m\nmm of Device mm Ground m mm mm mm\nAnimated Signs 1500 1000 3 2.4 6.0 nil 2000 1000 6 -\nBill Posting 1000 3000 3 - 3.0 nil - - - Within Shops\nBuilding Name 1200 5000 2 3.0 6.0 100 nil 1000 - On Facade\nDevelopment Sign 4000 5000 20 1.0 5.0 nil 15000 10000 15 Development Sites\nDirection Sign 200 3500 1 2.4 3.0 200 - 1000 - On Thoroughfare Pole\nElection Sign 1200 2000 2 - 3.0 600 3000 5000 30 -\nFence Sign 1000 20000 - - - nil 2 x height - - -\nFly Posting 1500 1200 0.5 - 2.5 nil - - - Within Shops only\nHoarding 10000 15000 90 1.0 10.0 nil 10,000 5000 15 Non Residential Sites\nHorizontal Signs 1200 8000 8 1.0 5.0 200 nil 1000 - Fixed on Wall\nIlluminated Signs 5000 3000 5 2.4 6.0 900 2000 1000 36 -\nInformation Panel 1200 2000 1.5 2.4 5.0 100 1000 1000 - -\nInstitutional Sign 1200 2000 2 2.4 6.0 nil 3000 1500 - -\nOther Sign 6000 8000 30 - 6.0 nil 6000 3000 6 As Approved\nPortable Sign 1200 1000 1 - 1.2 nil 1000 1000 - Own Property\nProjection Sign 12000 12000 90 - 12.0 nil - - - -\nPylon Sign 5000 3000 5 2.4 7.5 900 1000 2000 6 Min 6m clear of\nanother sign\nRoof Sign 3000 5000 6 - 15.0 nil 1000 1000 - On Roof\nRural Producers Sign 2000 3000 4 2.4 3.0 900 over 1000 1000 - -\nthoroughfare\nSale Sign 3000 4000 5 - - - - - - -\nSandwich Board Sign 1200 1000 1 - 1.2 nil 1000 1000 - Own Property\nSemaphore Sign 1000 3000 2 2.4 3.6 1500 - 1000 - -\nSign Infill 3000 2000 4 2.4 7.5 nil 1000 1000 6 Between Pylons\nTower Sign 20% of mast, width mast, tower - 2.4 - - - - - -\ntower or chimney or chimney at\nVerandah Sign\nAbove Fascia 800 4000 3 - 5 nil - - - -\nOn Fascia 900 6000 4 - - nil - - - -\nBelow Fascia 900 4000 3 2.4 - nil - - - -\nVertical Sign 3000 3000 5 - 15.0 900 - - 900 Min. 6m clear of\nanother sign\nWall Panel 1500 1500 3 - 3.0 100 - - - -\nWall Sign 3000 8000 12 1.0 5.0 100 - - - -\n\nGOVERNMENT GAZETTE, WA 99526 February 1998]\nSECOND SCHEDULE (CLAUSE 2.10)\nAPPLICATION FOR LICENCE\nApplication No...........\nI hereby apply for a licence for an Advertising Device to be erected subject to the Local Laws of the Shire\nof Carnarvon.\nApplicant Name: ............................................................................................................................................\nAddress: ................................................................................................... Telephone No: .............................\nLocation of Advertising Device: Lot No: ............................................ Thoroughfare No: ............................\nThoroughfare Name: ......................................................................................................................................\nDescribe Position of Advertising Device on Property: .................................................................................\n........................................................................................................................................................................\nAdvertising Devices Types\nAnimated Signs Bill Posting Building Name\nDevelopment Sign Direction Sign Election Sign\nFence Sign Fly Posting Hoarding\nHorizontal Signs Illuminated Signs Information Panel\nInstitutional Sign Other Sign Portable Sign\nProjection Sign Pylon Sign Roof Sign\nRural Producers Sign Sale Sign Sandwich Board Sign\nSemaphore Sign Sign Infill Tower Sign\nVertical Sign Wall Panel Wall Sign\nVerandah Sign— Above Fascia\nOn Fascia\nBelow Fascia\nDimensions of Advertising Device\n........................ mm width ........................ mm height ......................... mm depth ........................ area sq.m\nMaterials and Construction of Sign & supports ..........................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\nInscription on Advertising Device (wording, motifs).\n........................................................................................................................................................................\n........................................................................................................................................................................\n.................................................................................................... .......................................................\nSignature of Applicant Date\nApplication form in duplicate to be attached to two (2) copies of—\n(i) Block plan with all site details\n(ii) Plans and elevations of Advertising Device proposed including all dimensions and structural\ninformation.\n\nGOVERNMENT GAZETTE, WA [26 February 1998996\nTHIRD SCHEDULE (CLAUSE 2.1(2))\nLICENCE FOR ADVERTISING DEVICE\nLicence No.:\nThis licence is granted to:— (Name—Person/Company)\n........................................................................................................................................................................\nof (address) .....................................................................................................................................................\nin respect of (type of device) ..........................................................................................................................\non premises known as: Lot No: ...................... Thoroughfare No: ......................\nThoroughfare: ......................\nin accordance with application number: ......................\nand subject to the Local Laws of the Shire of Carnarvon\nIssued on the ......................................... day of ............................................................................ 199..........\nSigned ...................................................................................\nDesignation ..........................................................................\n1. This licence shall be renewed annually and remain valid unless any alteration is made to the Adver-\ntising Device, then in such event, a new licence is required.\n2. This licence is not valid unless accompanied by a receipt issued by the Shire of Carnarvon and\ncurrent for that year.\n3. This licence is to be displayed on the premises to which the Advertising Device relates at all times.\nFOURTH SCHEDULE (CLAUSE 2.1(2))\nSPECIAL LICENCE FOR ADVERTISING DEVICE\nLicence No.:\nThis licence is granted to:— (Name—Person/Company)\n........................................................................................................................................................................\nof (address) .....................................................................................................................................................\nin respect of (type of device) ..........................................................................................................................\non premises known as: ..................................................................................................................................\naddress: ..........................................................................................................................................................\nfor the period of ..............................................................................................................................................\nsubject to the following terms and conditions—\n........................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\nSigned ...................................................................................\nDesignation ..........................................................................\nDate ...............................................\n\nGOVERNMENT GAZETTE, WA 99726 February 1998]\nFORM 4\nLOCAL GOVERNMENT (FUNCTIONS AND GENERAL) REGULATIONS 1996 [REG.33(1)]\nFIFTH SCHEDULE (CLAUSE 6.2)\nOBJECTION UNDER SECTION 9.5 OF THE ACT\nTo the (1) . ......................................................................................................................................................\nI, (2) ................................................................................................................................................................\nof (3) ................................................................................................................................................................\nhereby object to the (4) ..................................................................................................................................\n........................................................................................................................................................................\nto (5) ...............................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\nThe grounds of my objection are as follows:\n(6) ....................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\nIn support of my objection I attach the following:\n(7) ....................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\n(8) ...............................................\n(9) ...............................................\nPerson objecting\n(1) Insert name of local government.\n(2) Insert full name of person objecting.\n(3) Insert postal address of person objecting.\n(4) Identify decision to which objection is made.\n(5) Give details of decision.\n(6) Give details of objection.\n(7) Plans, specifications, letters, notices, or other appropriate documents.\n(8) Insert date.\n(9) Insert signature of person objecting.\n\nGOVERNMENT GAZETTE, WA [26 February 1998998\nFORM 5\nLOCAL GOVERNMENT (FUNCTIONS AND GENERAL) REGULATIONS 1996 [REG.34(1)]\nSIXTH SCHEDULE (CLAUSE 6.5)\nAPPEAL UNDER SECTION 9.7 OF THE ACT\nTo the (1) .............................................................................................................................................\nI, (2) ....................................................................................................................................................\nof (3) ...................................................................................................................................................\nhereby appeal against the (4) ................................................................................................................\n............................................................................................................................................................\nto (5) ...................................................................................................................................................\n............................................................................................................................................................\n............................................................................................................................................................\nThe grounds of my appeal are as follows:\n(6) .......................................................................................................................................................\n............................................................................................................................................................\n............................................................................................................................................................\nIn support of my appeal I attach the following:\n(7) .......................................................................................................................................................\n............................................................................................................................................................\n............................................................................................................................................................\n(8) .................................\n(9) .................................\nAppellant\n(1) Insert (a) Minister for Local Government\n(b) Clerk of the Court\n(2) Insert full name of appellant.\n(3) Insert postal address of appellant.\n(4) Identify decision against which appeal is made.\n(5) Give details of decision.\n(6) Give details of grounds for appeal.\n(7) Plans, specifications, letters, notices, or other appropriate documents.\n(8) Insert date.\n(9) Insert signature of appellant.\n\nGOVERNMENT GAZETTE, WA 99926 February 1998]\nLOCAL LAWS REVOCATION\nenabling it, the Council of the Shire of Carnarvon hereby records having resolved on the 26th day of\nNovember 1997, to make the following Local Laws.\nRevocation\nThe following Local Laws are hereby revoked—\nBy-Laws Relating to Stalls and Stallholders as published in the Government Gazette on 13\nNovember 1987.\nCouncil in the presence of —\n\nGOVERNMENT GAZETTE, WA [26 February 19981000\nLOCAL GOVERNMENT ACT LOCAL LAWS\nenabling it, the Council of the Shire of Carnarvon hereby records having resolved on the 26th day of\nNovember 1997 to make the following local laws.\nREVOCATION\nThe Municipal By-laws, made by the Shire of Carnarvon and published in the Government Gazette on\n","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"September 1993, are hereby revoked.","content":"17 September 1993, are hereby revoked.\nThese Local Laws may be cited as the Shire of Carnarvon Local Government Act Local Laws.\nINTERPRETATION AND DEFINITION\nIn these Local Laws unless the context otherwise requires—\n“Act” means the Local Government Act 1995 (as amended)\n“Animal” means any animal other than a dog;\n“Appointed Place” means a yard or other piece of land set aside as a place to which obstructing\nvehicles may be removed, pursuant to these Local Laws;\n“Authorised Person” means in respect of a particular function to be performed under these Local\nLaws an employee of the Shire of Carnarvon authorised by the Council to perform that function;\n“Cycle” means any one wheeled, two wheeled or three wheeled vehicle that is designed to be pro-\npelled solely by human power;\n“Cycle Traffic Control Device” includes any sign, signal or pavement marking which is placed or\nerected for the purpose of regulating, warning or guiding dual use path users;\n“Building Line” shall have the meaning as given in the Act;\n“Carriageway” means a portion of a thoroughfare that is improved, designed or ordinarily used for\nvehicular traffic, and includes the shoulders and areas, including embankments at the side or\ncentre of the carriageway, used for the standing or parking of vehicles; and where a thorough-\nfare has two or more of those portions divided by a median strip, the expression means of those\nportions, separately;\n“CEO” means the Chief Executive Officer or Acting Chief Executive Officer for the time being of the\nShire of Carnarvon;\n“Community Association” means an institution, association, club, society or body, whether incorpo-\nrated or not, the objects of which are of charitable, benevolent, religious,, cultural, educational,\nrecreational, sporting or other like nature and the members of which are not entitled or permit-\nted to receive any pecuniary profit from the transactions thereof;\n“Commercial Area” means an area which is within a Commercial Zone under the provisions of a\nShire of Carnarvon Town Planning Scheme;\n“District” means the District of the Shire of Carnarvon;\n“Dual Use Path” means a footway or other pathway for shared use by both cyclists and pedestrians;\n“Fence” means a fence, wall or screen wall including a dividing fence as defined by the Dividing\nFence Act, 1961-1969 (as amended) erected along the perimeter or any part thereof of the set-\nback area or erected within the setback area;\n“Footway” includes every footpath, lane or other place—\n1. intended for use of pedestrians only or, in the case of a dual use path, for the use of pedes-\ntrians and bicyclists only; or\n2. habitually used by pedestrians and not by vehicle or, in the case of a dual use path, by\npedestrians and bicyclists and not by vehicles other than bicycles;\n“Form” means a form in the Schedules to these Local Laws;\n“Frontage” means the boundary line between a lot and the thoroughfare upon which that lot abuts;\n“Hawker” means a hawker, pedlar or other person who, with or without any horse of other beast\nbearing or drawing burden, travels and trades and goes from town to town or to other men’s\nhouses soliciting orders for or carrying to sell or exposing for sale any goods, wares or merchan-\ndise, but does not include—\n(a) commercial travellers or other persons selling or seeking orders for goods, wares or mer-\nchandise to or from persons who are dealers therein, or selling or seeking orders for books\nor newspapers;\n\nGOVERNMENT GAZETTE, WA 100126 February 1998]\n(b) sellers of vegetables, fish, fruit, newspapers, brooms, matches, game, poultry, butter,\neggs,milk, or any victuals;\n(c) persons selling or exposing for sale goods, wares or merchandise in any public market or\nfair lawfully established, or upon any racecourse, agricultural show ground, or public rec-\nreation ground;\n(d) sellers of goods of their own manufacture;\n(e) persons representing a manufacturer whose goods are sold direct to consumers only and\nnot through the medium of a shop;\n“Industrial Area” means an area which is within an Industrial Zone under the provisions of a Shire\nof Carnarvon Town Planning Scheme;\n“Intensive Horticulture Area” means an area which is within an intensive horticulture zoned under\nthe provisions of a Carnarvon Town Planning Scheme. Such area shall be treated as a Rural\nArea;\n“Intersection” includes the area comprised within imaginary straight lines joining in succession the\npoints of transection of the property lines of two or more thoroughfares that meet each other;\nexcept that where the property lines are curbed at any corner, the point of transection of the\nproperty lines shall be regarded as the point on the curve nearest to the point at which those\nproperty lines, if extended in straight lines from each end of the curve would meet;\n“Junction” includes that part of a thoroughfare lying between imaginary straight lines at right\nangles to the thoroughfare commencing from the points of transection formed by its own prop-\nerty lines with the property lines of a thoroughfare which abuts thereon; except that where the\nproperty lines are curved at any corner, the point of transection formed by the property lines\nshall be determined in the same manner as is provided in the definition of “intersection”;\n“Licence” means a licence issued pursuant to these Local Laws;\n“Licensee” means a person to whom a licence is granted under these Local Laws;\n“Manager” in relation to the Swimming Pool means the contractor or other suitably qualified person\nemployed by the contractor to undertake the day to day management of the Swimming Pool;\n“Member of the Police Force” means a member of the Police Force of Western Australia;\n“Obstruct” means impede or hinder in passing;\n“Property Line” means the boundary between the land comprising a thoroughfare and the land that\nabuts thereon;\n“Public Place” includes a thoroughfare or place which the public are allowed to use, whether the\nthoroughfare or place is or is not on private property;\n“Reserve” includes park lands, squares, reserves, beaches and other lands, included in the Shire of\nCarnarvon, and set apart for the use and enjoyment of the inhabitants of the district and in-\ncludes parks and other lands acquired for public purposes, and vested in or under the care,\ncontrol, or management of the Shire of Carnarvon.\n“Residential Area” means an area of the district that is zoned Residential or which is zoned princi-\npally for a residential purpose by a Town Planning Scheme or Local Law for the time being in\nforce;\n“Right of Way” means a right of way described in Part VIII Section 167A of the Transfer of Land Act,\n1893-1972;\n“Road Traffic Act” means the Road Traffic Act 1974, as amended;\n“Road Traffic Code” means the Road Traffic Code 1975;\n“Rubbish” means all house, commercial and industrial refuse, garbage and all wastes (except sewer-\nage and liquid waste) produced or accumulated in or about any premises or land within the\nShire and includes stones, bricks, limes, timber, iron, tiles, bags,. plastics, and any broken, used\nor discarded matter whatsoever whether of the same kind or type or otherwise;\n“Rural Area” means an area of the district that is classified or zoned as a Rural Zone or which is\nzoned principally for rural purposes by a Town Planning Scheme or Local Law for the time being\nin force and includes any land within the Shire used solely or predominantly for rural purposes;\n“Schedule” means a schedule to these Local Laws;\n“Season” in relation to the swimming pool means the period of consecutive months in which the\nswimming pool is open to the public and as agreed upon from time to time by Council;\n“Shopping Trolley” means a vehicle used or designed for use by customers of shops for the purpose of\ntransporting goods and merchandise;\n“Special use Zone” shall be as defined in a Shire of Carnarvon Town Planning Scheme. The principal\nuse of the area shall be determined as one of Residential, Commercial, Industrial or Rural for\nthe purpose of these Local Laws;\n“Stall” means a movable or temporarily fixed structure, stand or table in, on or from which goods,\nwares, merchandise or services are sold or offered for sale;\n“Stallholder” means a person in charge of a stall;\n“Thoroughfare” means a road or other thoroughfare and includes structures or other things appur-\ntenant to the thoroughfare that are within its limits, and nothing is prevented from being a\nthoroughfare only because it is not open at each end:\n“Thoroughfare Alignment” means the boundary between the land comprising the thoroughfare and\na lot that abuts thereon, but where a new thoroughfare alignment if prescribed means the new\nthoroughfare alignment so prescribed;\n\nGOVERNMENT GAZETTE, WA [26 February 19981002\n“Thoroughfare Verge” means that portion of a thoroughfare which lies between the edge of the por-\ntion of a thoroughfare that is improved, paved, designed, or ordinarily used for vehicular traffic\nand the nearest property line and includes any park or reserve or any other land proclaimed by\nthe Council for any purpose whatsoever and which lies adjacent to the boundaries of any car-\nriageway;\n“Town Planning Scheme” means a Shire of Carnarvon Town Planning Scheme or Interim Develop-\nment Orders for the time being in force under the provisions of the Town Planning and Develop-\nment Act 1928, (as amended) and relating to all or part of the municipality of the Shire of\nCarnarvon;\n“Trading” means selling goods, wares, merchandise or services, or offering goods, wares, merchan-\ndise or services for sale, in a thoroughfare or other public place and includes displaying goods,\nwares or merchandise for the purpose of offering them for sale, inviting offers for sale, soliciting\norders or carrying out any other transaction therein, but does not include the setting up of a\nstall, or the conducting of business at a stall, under the authority of a licence issued under these\nLocal Laws;\n“Vehicle” includes—\n(a) every conveyance, not being a train, vessel or aircraft, and every object capable of being\npropelled or drawn, on wheels or tracks, by any means;\n(b) where the context permits, an animal being drawn or ridden, and;\n(c) in relation to the vehicle wrecking Local Laws, an old, second hand or disused motor vehi-\ncle or any old, second hand or disused machinery, whether part of a motor vehicle or not;\n(d) a shopping trolley as defined in these Local Laws;\n“Verandah” for the purpose of these Local Laws includes cantilever awnings, cantilever verandahs\nand balconies whether over public thoroughfares and ways or over private land;\n“Wreck” includes the dismantling, breaking up, storage and disposal of vehicles and inflexions and\nderivatives of the verb have a corresponding meaning;\n1. BLOWING OF MATERIALS\n1.1 No person shall permit paper, sand or other materials used during the progress of works or during\nthe loading or unloading of goods to be blown upon any thoroughfare or public place.\n2. EXPECTORATION\n2.1 No person shall expectorate on any portion of a thoroughfare or public place.\n3. UNREASONABLE DISTURBANCE\n3.1 No person shall—\n3.1.1 sound or make any noise by use of a gramophone, amplifier, wireless appliance, bell or other\ninstrument or appliance in or upon any thoroughfare or public place which unreasonably disturbs or\ncauses annoyance to, occupiers or properties in the vicinity;\n3.1.2 play any musical instrument or sing in any thoroughfare or public place so as to unreasonably\ndisturb or cause annoyance to occupiers of property in the vicinity;\n4. DAMAGE TO COUNCIL SIGNS AND STRUCTURES\n4.1 No person shall damage, deface, remove or otherwise interfere with any signpost, direction plate,\nguidepost,notice, shelter, shed, fence or any structure erected by the Council in or over any thoroughfare\nor public place.\n5. RUBBISH\n5.1 No person shall—\n5.1.1 deposit any rubbish, bottles, glass or litter in any thoroughfare or public place except in a\nreceptacle provided for that purpose by the Council;\n5.1.2 throw, place or leave or cause to be thrown, placed or left, fruit or fruit skins or peel or other\nvegetable substances in any thoroughfare or public place except in a receptacle provided for that\npurpose by Council;\n5.1.3 light a fire or burn rubbish or other materials in a thoroughfare or public place;\n6. TRAINING AND RACING OF ANIMALS\n6.1 No person shall train or race an animal in any thoroughfare.\n7. HOIST ETC. OVER THOROUGHFARE\n7.1 No person shall, without the written authority of Council—\n7.1.1 provide, erect, install or use in or on any building, structure, or land abutting on any thorough-\nfare or other public place any hoist or other things for use above the level of such thoroughfare or\nother public place;\n7.1.2 permit goods or merchandise, including firewood, soil, fertilisers and building material from\nremaining in a thoroughfare or other public place for longer period than is necessary for delivering\nthe goods, merchandise or wares into the place of delivery;\n7.1.3 fell a tree on or across a thoroughfare so as to prevent vehicles or persons having the free or\nunhindered use of the thoroughfare.\n\nGOVERNMENT GAZETTE, WA 100326 February 1998]\n8. VACANT\n9. VACANT\n10. VACANT\n11. POUNDS\n11.1 In accordance with Section 449 of the Local Government (Miscellaneous Provisions) Act, 1960,\nwhereby Council may establish and maintain a pound, Reserve No. 18999 being the Council Depot,\nRobinson Street, Carnarvon is nominated as the public pound.\n11.2 Fees and charges for the period of which cattle are impounded shall be in accordance with the\nFifteenth Schedule to the Local Government (Miscellaneous Provisions) Act, 1960.\n12. RESERVES\n12.1 Revocation\nThe Reserves By-Laws published in the Government Gazettes on 23 August 1972 and 17 May 6 1991 are\nhereby revoked.\n12.2 No person—\n12.2.1 except with the prior written permission of the Council shall light any fire within a reserve\nother than a fire for a barbecue or other similar purpose which is lit in a fire proof construction;\n12.2.2 except an employee of the Council in the course of that person’s duties shall ride or drive any\nvehicle within a reserve except at or upon such place or places as the Council provides for that\npurpose and then only at a speed not exceeding 15 kilometres per hour. Notwithstanding that, this\nclause shall not apply to persons using wheelchairs or motorised wheelchairs;\n12.2.3 except with the prior written permission of the Council, shall take onto and consume any\nliquor on a reserve. For the purpose of this clause, any person having in his possession on a reserve,\nany receptacle containing liquor which has been opened for consumption, shall be deemed to have\nconsumed liquor on the reserve, and shall—\n(a) surrender the receptacle and contents to an Authorised Person on demand; and\n(b) be guilty of an offence.\n12.2.4 except with the prior written permission of the Council shall camp, lodge or tarry overnight\non a reserve or frequent a reserve for the purpose of camping, lodging or tarrying overnight thereon.\n13. DANGEROUS OR OFFENSIVE THINGS\n13.1 No person shall except under authority of a licence issued by the Council and upon such conditions\nas the Council shall see fit to impose keep within the district any animal or bird or any other thing\nwhether animate or inanimate which, in the opinion of the Council, is offensive or dangerous.\n13.2 No person shall carry out any activity, conduct any business or engage in any undertaking on any\nland or premises in such a manner as to permit the escape therefrom of noise, smoke, dust, sawdust,\nfumes or waste in such a quantity or to such an extent or in such a manner as to create a nuisance to any\nother person.\n14. OLD REFRIGERATORS AND CABINETS\n14.1 No person shall place in, or about any rubbish depot, tip or dump, sanitary depot, public reserve,\npublic place or unfenced vacant land, any refrigerator, ice chest, ice box, furniture, trunk or other thing,\nwhether of the same kind as, or of a different kind from, those in this clause, specified, that has in it a\ncompartment of a capacity of 0.04 cubic metres or more, unless before so placing it, there has been\nremoved from the compartment every door, lid, lock and hinge therefore or otherwise has rendered every\nsuch door or lid incapable of being fastened.\n15. HORSES\n15.1 Excepting where otherwise permitted no person shall ride, tether or otherwise permit a horse to be\non any portion of the sea shore as prescribed in the First Schedule to these Local Laws.\n16. KEEPING OF GOATS\n16.1 No person shall, except in a Special Residential Zone, a Rural Zone, an Intensive Horticultural\nZone or a Special Rural Zone as defined in the Shire of Carnarvon Town Planning Scheme keep goats\nunless that person is authorised by and is the holder of a Certificate of Registration issued pursuant to\n16.2 Any person who desires to keep goats unless within a Special Residential Zone, a rural Zone, an\nIntensive Horticultural Zone or a Special Rural Zone shall make application in writing to the Council.\n16.3 The Council, subject to the area of land being not less than 2,000 square metres, may grant a\nCertificate of Registration to the applicant in respect to the keeping of goats and may determine the\nnumber of goats that may be kept.\n16.4 An application for registration to keep goats shall be made in the form of Form 1 of the Second\nSchedule and in addition shall include—\n16.4.1 in respect to all areas, details of the purpose for which it is intended to keep the goats;\n16.4.2 in respect to areas zoned for residential development, a medical certificate stating that, due\nto medical reasons, goats milk is required for a resident of the premises where it is intended to keep\ngoats; and\n16.4.3 plans and specifications of any structures, yards, pens and enclosures for housing of the goats\ncomplying with the terms of these Local Laws and showing the site of the proposed structure, yards,\npens and enclosures.\n\nGOVERNMENT GAZETTE, WA [26 February 19981004\n16.5 A certificate of registration—\n16.5.1 shall be issued by the Council substantially in the form of Form 2 of the Second Schedule,\nsetting out a copy of the particulars therein furnished;\n16.5.2 is not transferable without the written consent of the Council.\n16.6 The person to whom a Certificate of Registration has been issued shall—\n16.6.1 prevent the goats from being at large in any yard, pen, enclosure or place unless provision is\nmade to prevent such animals from approaching within 18 metres of any house, shop, or place where\nfood is manufactured, stored or exposed for sale;\n16.6.2 where such goats are kept in other than a Rural, Special Rural or Intensive Horticultural\nZone, provide at the place where the goats are kept a structure for the housing of the goats and such\nstructure shall comply with the following—\n16.6.2.1 it shall not be at any less distance than 18 metres from any house, shop, or place where\nfood is manufactured, stored or exposed for sale;\n16.6.2.2 it shall have walls constructed of concrete, masonry, stone, timber, galvanised iron or\nother approved material;\n16.6.2.3 it shall have a roof constructed of approved impervious material;\n16.6.2.4 there shall be on all sides of the structure between the wall and the roof a continuous\nclear space of at least 150mm in height;\n16.6.2.5 the surface of the floor shall be raised at least 75mm above the surface of the surround-\ning ground, and shall be constructed of some impervious material and the floor shall have a fall\nof one in one hundred to a drain, and;\n16.6.3 where such goats are kept in a Rural, Special Rural or Intensive Horticultural Zone, provide\nat the place where goats are kept a structure for the housing of goats as determined by the Council;\n16.6.4 provide an approved flyproof receptacle for manure;\n16.6.5 collect and place all manure produced on the premises in the receptacle for manure at least\nonce daily;\n16.6.6 empty the receptacle for manure at least once weekly and dispose of the manure in a manner\nand at such place as approved by the local government;\n16.6.7 maintain all structures for housing of the goats and all yards, pens and enclosures appurte-\nnant thereto in a clean condition and such structures, yards, pens and enclosures shall be cleansed\nand disinfected when so ordered by an Environmental Health Officer and;\n16.6.8 keep the goats in a manner so as not to create a nuisance.\n16.7 A person shall not keep any goat at a place other than that specified in the Certificate of Registra-\ntion.\n16.8 A certificate of Registration issued pursuant to these Local Laws, shall, unless sooner cancelled,\nremain in force from the date specified on the Certificate of Registration until the thirty first day of\nDecember of that year.\n16.9 Every such person who has been granted Certificate of Registration for the keeping of goats shall\nannually, and in the first week of January make application for the renewal of registration of such goats,\nand with such application shall pay a fee as determined by the Council from time to time.\n16.10\n16.11 The Council may cancel a Certificate of Registration issued pursuant to these Local Laws where a\nperson commits an offence against these Local Laws.\n16.12 Where a person keeps goats in a manner contrary to the requirements of these Local Laws an\nauthorised person—\n16.12.1\n16.12.2 may seize goats found at large in any thoroughfare and other public place;\n16.12.3 may impound goats found wandering at large in any thoroughfare and other public places,\nat the place prescribed in and as per the requirements of clause 11 to these Local Laws.\n16.12.4 shall, when the goat is impounded, deal with it as though that animal had been impounded\nin accordance with the requirements of clause 17 to these Local Laws;\n17. REMOVAL AND DISPOSAL OF OBSTRUCTING ANIMALS AND VEHICLES\n17.1 For the purpose of these Local Laws—\n17.1.1 an animal that is secured in any portion of a public place wherein animals may lawfully be\nsecured is not obstructing unless it is so secured for a period exceeding eight hours without the\nconsent, in writing, of the CEO;\n17.1.2 a vehicle that is parked or otherwise left in any portion of a public place wherein vehicles may\nlawfully be parked is not obstructing, unless—\n17.1.2.1 the vehicle is so parked for any period exceeding twenty four hours, without the consent\nin writing of the CEO;\n17.1.2.2 the vehicle is so parked or otherwise left during any prohibited or restricted periods, if\nby any sign, the parking of vehicles is prohibited or restricted;\n17.1.3 a vehicle which is parked in or otherwise left in or an animal which is secured in or otherwise\nleft in any portion of a public place wherein vehicles may not lawfully be parked is deemed to be\ncausing an obstruction.\n\nGOVERNMENT GAZETTE, WA 100526 February 1998]\n17.1.4 a shopping trolley left in a public place is not obstructing for the purposes of these Local\nLaws, unless it is so left for any period exceeding three hours without the consent in writing of the\nCEO of the Council.\n17.2 A person shall not secure or otherwise leave any animal or park or otherwise leave any vehicle in a\npublic place so as to obstruct any portion of that place.\n17.3 A person who leaves an animal or vehicle in a public place, contrary to the provisions of clause 17.1\nof these Local Laws commits an offence.\n17.4 The Council may—\n17.4.1 appoint a person as an authorised person for the purposes of these Local Laws;\n17.4.2 in accordance with clause 11 to these Local Laws appoint a yard or other piece of land as a\nplace to which animals or vehicles may be removed pursuant to these Local Laws and shall give\nnotice in the Gazette and in a newspaper circulating within its district of the situation of any ap-\npointed place.\n17.5 Where an authorised person or a member of the Police Force finds an animal or vehicle left in a\npublic place, contrary to the provisions of these Local Laws, he may remove the animal or vehicle therefrom\nand shall, thereupon—\n17.5.1 in the case of an animal, place it in the public pound as prescribed in clause 11 of these Local\nLaws;\n17.5.2 in the case of a vehicle, place it in an appointed place.\n17.6 Where an authorised person places an animal in a public pound, pursuant to these Local Laws, the\nanimal shall thereafter be dealt with according to law.\n17.7 Where an authorised person places an animal or vehicle in an appointed place or public pound,\npursuant to these Local Laws, he shall enter in a register to be provided by the Council for that purpose,\ndetails of the time and date, a description of the vehicle, and of the place from which it was removed, and\nshall notify the CEO of the Council.\n17.8 The CEO shall exhibit on the Notice Board of the Council a notification that an animal or vehicle\ntherein described has been placed in the appointed place or public pound and shall, unless the vehicle is\nsooner recovered, keep that notification exhibited for a period of not less than seven days.\n17.9 The procedural provisions of Part 3, Division 23, Subdivision 4 of the Act shall apply generally\nwhen an animal or vehicle is impounded.\n17.10 For the purpose of determining whether a person claiming possession of a seized animal or vehicle\nis the owner of such animal or vehicle the CEO may demand reasonable proof.\n17.11 Every person who removes an animal or vehicle from an appointed place or public pound without\nthe authority of the CEO commits an offence.\n18. VEHICLE WRECKING AND STORAGE\n18.1 No person shall—\n18.1.1 store a disused motor vehicle, an old motor vehicle body or any old machinery;\n18.1.2 dismantle or break up a disused motor vehicle, an old motor vehicle or any old machinery;\non any land, other than such as is zoned for industrial purposes,or an appropriate special industrial\npurpose or for noxious trade purposes, under a town planning scheme made pursuant to the Town Plan-\nning and Development Act 1928, or under a Zoning Local Law.\n18.2 Where any person has stored or caused to be stored or permitted to be stored any old or disused\nvehicle or machinery or part thereof and in the opinion of the Council, it is causing an unsightly condi-\ntion that person shall be given written notice requiring the abatement of the unsightly condition.\n18.3 A person wrecking vehicles under the provisions of this clause shall not—\n18.3.1 engage in the activity on a Sunday without the written authority of Council;\n18.3.2 engage in the activity on any other day between the hours of 7.00pm on one day and 7.00am\non the following day.\n18.3.3 do so unless—\n18.3.3.1 inside a building; or\n18.3.3.2 within an area enclosed by a fence or wall not less than two metres in height and of\nsuch nature as to screen the vehicles being wrecked from the thoroughfare and from the adjoin-\ning properties. Such fence shall comply with the requirements of the Shire of Carnarvon Fenc-\ning Local Laws in all other respects.\n18.4 Every person wrecking or storing a vehicle shall—\n18.4.1 comply with all Local Laws relating to nuisances;\n18.4.2 maintain those vehicles that are not immediately required to be dismantled or broken up or\nthat have been dismantled and broken up and are not immediately disposed of or are otherwise to be\nstored on the land, in neat rows not exceeding 2 metres in height; and\n18.4.3 provide a screen of trees or shrubs of a fence between the building line and the thoroughfare\nalignment to the satisfaction of the Council, but not as to restrict visibility at an intersection.\n18.5 A person wrecking or storing vehicles shall not—\n18.5.1 store any vehicles—\n18.5.1.1 over any area of land exceeding one hectare;\n\nGOVERNMENT GAZETTE, WA [26 February 19981006\n18.5.1.2 in any number exceeding 1000 per hectare, where the vehicles have been reduced by\npressure or other process, to a max of 1.75 cubic metres or less, or exceeding 250 per hectare\nwhere they have not been so reduced; or\n18.5.1.3 except within a building, between a building line and a thoroughfare alignment within\n9 metres of a thoroughfare alignment or within 3 metres of land not in the same occupancy.\n18.5.2 destroy any portion of a vehicle by fire, so that annoyance is occasioned to occupiers of adjoin-\ning land by smoke or odour.\n19. TREES\n19.1 It shall be lawful for the Council to—\n19.1.1 plant, or cause to be planted, such trees, shrubs or plants as shall be considered necessary\nand desirable at any place in any thoroughfare, reserve or other land or place within the boundaries\nand under the control or management of the Council;\n19.1.2 erect or cause to be erected, such fences, guards, or protections as shall be considered neces-\nsary or desirable for the maintenance and protection of such trees, shrubs and plants.\n20. PLANTING OF LAWNS AND GARDENS\n20.1 A person—\n20.1.1 shall not plant a garden in a thoroughfare, except pursuant to approval issued by the Council\nand then only in conformity with these Local Laws;\n20.1.2 shall, where being the owner of occupier of the land which abuts on that portion of a thorough-\nfare apply to Council and Council shall not issue approval for planting of a garden in that portion of\na thoroughfare to any other person;\n20.1.3 shall, where requiring approval to plant a garden in a thoroughfare, submit to Council a\nsketch plan setting out details of the proposed garden and proposed garden beds, in relation to the\nfrontage of their property and the carriageway;\n20.1.4 shall not plant a lawn or garden, in a thoroughfare—\n20.1.4.1 so that it extends beyond the frontage in respect to which the permit is issued;\n20.1.4.2 so that it encroaches on the pavement of a carriageway, or on a made footpath;\n20.1.4.3 that is not graded evenly from the frontage of the land abutting on the portion of the\nthoroughfare to the kerb of the carriageway;\n20.1.5 shall not water a thoroughfare lawn, or garden in such a manner as will, or may, occasion\ninconvenience to persons using the adjoining carriageway or footpath;\n20.1.6 shall not plant any tree or shrub that is grown, or is of a variety likely to grow so as to cause\nan obstruction or interference with vision of persons driving vehicles approaching, entering or pass-\ning through an intersection of two thoroughfares.\n20.2 Notwithstanding the requirements of clause 20.1 to these Local Laws—\n20.2.1 where a lawn or garden has been planted in a thoroughfare before the coming into operation\nof these Local Laws, the Council may require that lawn or garden be brought into conformity with\n20.2.2 the Council may at any time, by notice in writing to the owner or occupier of land that abuts\nupon that part of a thoroughfare wherein a lawn or garden is planted, require that owner or occupier\nto remove any tree, shrub or water piping or fitting and may, where the owner or occupier does not\ncomply with the notice, remove the tree, shrub, piping or fitting at the expense of the owner of\noccupier, and any expense incurred by the Council pursuant to this clause may be recovered in a\ncourt of competent jurisdiction.\n21. MAINTENANCE OF LAWN AND GARDEN\n21.1 A person planting a lawn or garden in a thoroughfare shall—\n21.1.1 do all things reasonably necessary to maintain that lawn or garden;\n21.1.2 keep the lawn mowed to a reasonable height; and\n21.1.3 make good any damage occasioned in the thoroughfare during, or due to, the undertaking of\nsuch maintenance or mowing of lawns.\n21.2 Where, as part of the planting of a lawn or garden a person installs or lays water pipes or any other\nform of reticulation requiring the crossing of a footpath, or thoroughfare they shall—\n21.2.1 be installed or laid beneath the surface of the thoroughfare at a depth of not more than 300\nmillimetres, not less than 150 millimetres and so that any fixture or fitting connected to them does\nnot project above the surface of the lawn or garden bed or otherwise constitute a hazard to the\npublic;\n21.2.2 if connected to a public water supply, be installed or laid so that to comply with the require-\nments of the body constituted for, and having the control of, that supply under the Act, or any other\nAct, Regulations or Local Laws.\n21.2.3 if connected to a private supply, where passing under road pavement, made footpaths or\ncrossings, be of approved materials; and\n21.2.4 have approved valves, located within the property where they are to be connected to the\nsupply and fitted so as to give complete control of the flow of water from the supply.\n\nGOVERNMENT GAZETTE, WA 100726 February 1998]\n21.3 Where a person, in the course of installing or laying pipes pursuant to this clause, causes damage\nto any road pavement, footpath, or crossing or to any water, gas or sewerage pipes, or to any power or\ntelephone cables or to a fire hydrant, that damage may be made good, by the authority having the\ncontrol of the thing damaged at the expense of that person or of the person on which behalf the pipes\nwere installed or laid, and the amount of that expense may be recovered in any court o competent\njurisdiction.\n22. REQUIREMENTS OF COUNCIL OR AUTHORISED PERSONS IN RELATION\nTO THOROUGHFARE LAWNS AND GARDENS\n22.1 The Council or its authorised person or any person empowered or authorised to dig up a thorough-\nfare may—\n22.1.1 without being liable to compensate any person therefore, dig up all or part of a lawn or garden\nin a thoroughfare for the purpose of carrying out any authorised works;\n22.1.2 where it is of the opinion, that the carrying out of authorised works may impede the existence\nof piping, or any fixtures of fittings under a lawn or garden in a thoroughfare, may give notice to the\nowner or occupier of the land abutting on the lawn or garden to remove the piping, fixtures or\nfittings until the completion of the works, and may, where the owner or occupier does not comply\nwith the notice, remove the piping, fixtures or fittings at the expense of the owner or occupier, and\nany expense incurred by the Council, its authorised person or authority pursuant to this clause may\nbe recovered in a court of competent jurisdiction.\n22.2 A person employed by the Council or other authority acting pursuant to sub clause 22.1.2.\n22.2.1 shall not disturb a lawn or garden or damage any pipes laid under it or them to any greater\nextent than is reasonably necessary for the purpose of carrying out any authorised works and shall,\nupon the completion of the works, reinstate the lawn or garden, as far as is reasonably practicable.\n23. STOPPING OF VEHICLES OR ANIMALS ON LAWNS OR GARDENS\n23.1 A person, not being the occupier of the land abutting on that lawn or garden, shall not, without the\nconsent of that occupier, drive or stop a vehicle or animal upon a lawn or garden planted in a street\npursuant to these Local Laws.\n23.2 Where a complaint brought under this clauuse is in respect of the driving of a vehicle upon a lawn\nor garden, if the pavement of the carriageway adjoining the law or garden does not exceed 5 metres in\nwidth, it is a sufficient defence to the complaint to show that—\n23.2.1 the wheels of one side only of the vehicle passed over the lawn or garden; and\n23.2.2 it was necessary to drive upon the lawn or garden, in order to pass another vehicle then being\ndriven or stopping on the pavement of the carriageway.\n24. LIABILITIES FOR DAMAGE TO THOROUGHFARE LAWNS AND GARDENS\n24.1 The Council or other authorised person shall not be liable for damage to any fixture or fitting under\na lawn or garden in a thoroughfare occasioned either in the course of the removal of the piping under the\nprovisions of sub clause 22.1.2 of the Local Laws or of carrying out authorised works.\n24.2 The Council is not liable for any damage or injury sustained by a person by reason of, or arising out\nof, the planting, or existence of a lawn or garden in a thoroughfare.\n25. WILFUL DAMAGE TO A LAWN OR GARDEN\n25.1 Notwithstanding the above, except as provided by these Local Laws, every person who wilfully\ndamages a lawn or garden in a thoroughfare or who removes from any such garden any flower, plant or\nshrub commits an offence.\n26. PREVENTION OF DAMAGE TO FOOTPATHS\n26.1 Excepting in the instance of a person using a wheel chair no person shall—\n26.1.1 drive any vehicle over or across a footpath except at a specially constructed crossing place,\nunless with the permission of the Council or its authorised person and in accordance with these\nLocal Laws;\n26.1.2 drive a vehicle or permit a vehicle to be driven across a footpath if such vehicle is so heavy or\nis of such a nature that it causes or is likely to cause damage to the paving of the footpath unless\nwith the permission of the Council, and in accordance with these Local Laws;\n26.1.3 ride a cycle on any footpath other than where such footpath is constructed and designated (by\nway of traffic control devices) for use as a dual use path and where so used cyclists shall keep to the\nleft hand side of the footpath, travel at a speed not exceeding 15 kilometres per hour and at all times\ngive right of way to pedestrian traffic;\n26.1.4 engage in building operations on any land or contract or arrange with any person to carry out\nany works or to deliver materials on to any land if by so doing a vehicle will cross a footpath even at\na specifically constructed crossing place and it is likely that damage to the footpath will be caused\nthereby unless written permission is given by an authorised person and in accordance with these\nLocal Laws.\n26.1.5 trench through or under a footpath without first obtaining the written consent of the author-\nised person or otherwise than in accordance with the terms of the written consent of the authorised\nperson.\n27. APPLICATIONS AND CONDITIONS\n27.1 Excepting in the instance of a person using a wheel chair any person who—\n27.1.1 desires to cross a thoroughfare verge with a vehicle at a place not a specifically constructed\ncrossing place; or\n\nGOVERNMENT GAZETTE, WA [26 February 19981008\n27.1.2 proposes to carry out building or other operations or work necessitating the crossing of a\nfootpath, or thoroughfare verge with vehicles whether at a specifically constructed crossover or not;\nshall make application in writing to the Council for its permission so to do specifying the place or\nplaces at which such crossing is to be made and on application pay to the Council a deposit commen-\nsurate with the potential damage as estimated by Council or its authorised person.\n27.2 Prior to issue of written permission to proceed the Council shall cause an inspection of the site to be\ncarried out by its authorised person and any existing damage is to be recorded.\n27.3 Upon completion of all works appropriate to the application the applicant shall notify the Council\nwho shall cause an inspection for damage to be carried out by its authorised persons prior to the return\nof any deposit.\n27.4 A person who carries out any building or other operations or work necessitating the crossing of a\nfootpath with vehicles which cause or are likely to cause damage to the footpath shall comply with the\nfollowing conditions—\n27.4.1 if the paved portion of the footpath shall be constructed of concrete slabs—\n27.4.1.1 carefully remove them from the footpath for a width as determined by the authorised per-\nson;\n27.4.1.2 place in the position from which the slabs have been removed a temporary crossing in\naccordance with the requirements of the authorised person. The said temporary crossing shall be\nfirmly bedded and laid true to the line and level of the original footpath;\n27.4.1.3 when the necessity no longer exists for such temporary crossing or when called on to do so\nby notice in writing from the Council or its authorised person, shall remove the temporary crossover,\nreplace the slabs in a proper workmanlike manner to the original line and level, and shall replace\nwith new slabs of equal quality and size any slabs which have been lost, damaged or broken;\n27.4.2 in the case of a footpath constructed in total or in part of bitumen surfaced gravel, concrete,\ngravel, limestone or crushed metal or materials other than concrete slabs—\n27.4.2.1 shall, unless directed to do otherwise by an authorised person position where the cross-\ning is to be made a temporary crossing in accordance with the requirements of the authorised\nperson and the said temporary crossing shall be firmly bedded and laid true to a line and level\nas determined by the authorised person;\n27.4.2.2 when the necessity no longer exists for such a temporary crossing, or when called upon\nto do so by notice in writing from the Council or its authorised person, shall remove the tempo-\nrary crossing and clean off the footpath;\n27.4.2.3 shall, until it shall have been removed keep the temporary crossing in good repair and\nin such a condition as not to create any danger or obstruction to pedestrians.\n27.5 Any person who desires to trench through or under a constructed footpath or thoroughfare or kerb\nshall apply in writing to the Council and lodge with the Council a deposit commensurate with the\npotential damage as estimated by an authorised person.\n27.6 In accordance with clauses 27.1, 27.4 and 27.5 hereof—\n27.6.1 a person shall upon completion of any works or other operations make good all damage caused\nto the footpath and the thoroughfare kerbing, guttering and paved thoroughfare during the whole of\nthe time the works are in progress;\n27.6.2 if any damage shall have occurred and shall not have been made good the Council is author-\nised to make good such damage and deduct the cost from the money paid to the Council in accord-\nance with this Local Law.\n27.6.3 if the cost exceeds the amount paid the applicant or other persons aforesaid shall pay to the\nCouncil on demand the amount by which the costs exceed that amount paid and the Council may\nrecover such amount by action in a court of competent jurisdiction.\n27.6.4 if no damage has been caused or if the damage has been made good the Council shall repay\nthe amount paid or the portion remaining after the costs incurred by the Council have been paid.\n28. PARKING\nDivision 1—Preliminary\n28.1 Revocation\nThe Parking By-Laws published in the Government Gazette on 7 August 1992 are hereby revoked.\n28.2 Definitions—\n28.2.1 In these Local Laws unless the context otherwise requires—\n“carriageway” means every part of a thoroughfare used or intended for use by vehicles and\nincludes footpath or kerb;\n“driver” means any person driving or in control of a vehicle;\n“footpath” means a path used by, or set aside or intended for use by both pedestrians and cy-\nclists, but not vehicles of any other kind;\n“kerb” means and includes the kerb or edge of the portion of a thoroughfare paved for the use of\nvehicular traffic where any kerb exists at the edge of the paved thoroughfare whether any\nfootpath has been constructed or not;\n“no parking area” means a portion of a carriageway that lies-\n(a) between two consecutive signs inscribed with the words “No Parking”, or a symbol or\nsymbols to that effect, and each with an arrow point generally towards the other of\nthem; or\n\nGOVERNMENT GAZETTE, WA 100926 February 1998]\n(b) between a sign inscribed by the words “No Parking”, or a symbol or symbols to that\neffect, and a dead end or an area in which standing is prohibited and that lies in the\ngeneral direction indicated by an arrow inscribed on the sign;\n“no stopping area” means a portion of a carriageway—\n(a) between two consecutive signs inscribed with the words “No Stopping”, or a symbol or\nsymbols to that effect, and each with an arrow pointing generally towards the other of\nthem; or\n(b) between a sign inscribed with the words “No Stopping”, or a symbol or symbols to that\neffect, and a dead end or an area in which stoppng is prohibited and that lies in the\ngeneral direction indicated by an arrow inscribed on the sign;\n“omnibus” has the same meaning as that expression in the Road Traffic Act 1974;\n“park” means to permit a vehicle whether attended to or not, to remain stationary, except for the\npurpose of avoiding conflict with other traffic and complying with provisions of any law or of\nimmediately taking up or setting down persons or goods; and “parking” has a correlative\nmeaning;\n“parking area” means a portion of a carriageway—\n(a) between two consecutive signs inscribed with the word “Parking”, or a symbol or sym-\nbols to that effect, each with an arrow pointing generally towards the other of them; or\n(b) extending from a sign inscribed with the word “Parking” or a symbol or symbols to that\neffect in the general direction indicated by an arrow inscribed on the sign, to any other\nsign inscribed with the words “No Parking” or “No Stopping” or symbols to the same\neffect, or to a dead end or an area in which the parking or stopping of vehicles is prohib-\nited and is that half of the carriageway of the thoroughfare nearest to the sign;\n“parking region” means thoroughfares and any private land in respect of which the owner or\noccupier from time to time requests the Council to control parking under these Local Laws\nwithin the Scheme Area of the Shire of Carnarvon Town Planning Scheme as shown in the\nSeventh Schedule with the exception of—\n(a) any thoroughfare which comes under the control of the Commissioner of Main Roads;\n(b) prohibition areas associated with traffic control signals, based upon an approved plan.\n“parking stall” means a section or part of a thoroughfare which is marked or defined by painted\nlines or by metallic studs or similar devices for the purpose of indicating where the vehicle\nmay stop or be parked, whether on payment of a fee or charge or otherwise;\n“sign” means a traffic sign, mark, marking, symbol, structure or device on or over any thorough-\nfare for the purpose of regulating, guiding or directing traffic;\n“symbol” means a letter, figure, or other character or mark, or a combination of letters or the\nlike used to represent something, and without limiting the generality of the foregoing in-\ncludes any symbol issued or specified by Australian Standard 1742.11—1989 for use in the\nregulation of parking and any reference to the wording of any sign in these Local Laws shall\nbe also deemed to include a reference to the corresponding symbol;\n“stop” in relation to a vehicle, means to stop the vehicle and permit it to remain stationary,\nexcept for the purpose of avoiding conflict with other traffic or of complying with the provi-\nsions of any law, and “stopping” has a correlative meaning;\n“taxi car” means a vehicle, not being an omnibus within the meaning of the Road Traffic Act\n1974, which is—\n(a) equipped to carry not more than seven passengers; and\n(b) is used for the purpose of stopping or plying for hire, or otherwise for the carrying of\npassengers for reward;\n“taxi stall” means a position or group of positions set apart by the Council by means of a sign on\nor near a thoroughfare for the stopping of disengaged taxi cars and may be in the form of a\ndesignated parking station or parking stalls.\n28.3 Application—\n28.3.1 The provisions of these Local Laws apply to the parking region;\n28.3.2 In these Local Laws a reference to a word or words in a sign shall be taken to include a\nreference to a symbol or symbols to the same effect and a reference to a symbol shall be taken to\ninclude a reference to a word or words to the same effect.\nDivision 2—Stopping and Parking Generally\n28.4 Erection of Signs to Regulate Parking\nA discretionary authority is conferred on the Council by resolution to constitute, determine and vary,\nand also indicate by signs, from time to time—\n(a) prohibitions;\n(b) regulations and restrictions of parking and stopping of vehicles of a specified class or of speci-\nfied classes in all thoroughfares or specified thoroughfares or in specified parts of thorough-\nfares or reserves at all times or specified times, but that discretionary authority shall not be\nexercised in a manner inconsistent with the provisions of these Local Laws.\n\nGOVERNMENT GAZETTE, WA [26 February 19981010\n28.5 Parking Conduct—\n28.5.1 A person shall not stop or park a vehicle in a thoroughfare or part of a thoroughfare—\n(i) which is by sign thereon or adjacent or referable thereto set apart for the stopping or park-\ning of vehicles of a different class; or\n(ii) if by such a sign the stopping or parking of vehicles is prohibited or restricted during a\nperiod or periods, during that period or periods, or\n(iii) if by such a sign the stopping of vehicles is permitted for a specified time, for longer than\nthat time.\n28.5.2 A person shall not stop a vehicle—\n(i) in a no stopping area;\n(ii) in a parking area, except in a manner indicated by the inscription on the sign or signs\nassociated with the parking area and parking stalls except as provided in these Local Laws\nwith reference to the parking stalls;\n(iii) in a parking area contrary to any limitation in respect of days, periods of the day, classes of\npersons or classes of vehicles indicated by the inscription on the sign or signs associated\nwith the area.\n28.5.3 A person shall not park a vehicle in a no parking area.\n28.6 Subject to the provisions of clause 28.7 a person shall not stop or park a vehicle or permit a vehicle\nto stop or park on a carriageway otherwise than—\n(i) on a two way carriageway, so that it is as near as practicable to and parallel with the left\nboundary of the carriageway and headed in the direction of the movement of traffic on the side\nof the thoroughfare on which the vehicle is stopping.\n(ii) so that it is entirely within the confines of any parking stall marked on the carriageway.\n28.7 A person shall not stop or park a vehicle partly within and partly outside a parking area.\nDivision 3—Bus and Taxi Stalls\n28.8 Bus Parking Stalls—\n28.8.1 Excepting for the purpose of taking up or setting down passengers, a person shall not stop or\npark a vehicle other than an omnibus in a parking stall set aside for use by omnibuses.\n28.9 Taxi Stalls—\n28.9.1 No person, including the owner or operator of a taxi car as defined under the Taxi Act 1994\nand Taxi Regulations 1995, shall park or stop a taxi car, for the purpose of plying for hire or other-\nwise soliciting for the carrying of passengers for reward from a parking stall or parking station other\nthan a taxi stall as prescribed from time to time by Council.\n28.9.2 No person shall park or stop a vehicle, other than a taxi car then available for hire, at or upon\na taxi stall or park or stop any vehicle so as to obstruct a taxi stall.\n28.9.3 Notwithstanding the requirements of clause 28.12 a person being the owner or operator of a\ntaxi car may use a parking stall other than a taxi stall, or a tourist bus stall for the purpose of the\nsetting down of passengers.\nDivision 4—Miscellaneous\n28.10 An infringement notice may be given in accordance with the provisions of clause 41.7 for an of-\nfence under these Local Laws in respect of which the use, driving, parking, stopping or leaving of a\nvehicle is an element.\n28.11 A person, other than the driver of the vehicle, shall not remove from the vehicle any notice affixed\nthereto or left therein or thereon by an Authorised Person or a member of the police force.\n28.12 An inscription on a sign operates and has effect according to its tenor and a person contravening\nthe direction of a sign commits an offence under these Local Laws.\nFurther Provisions in Relation to Signs.\n28.13 A sign marked, erected, established or displayed on or near a thoroughfare or purporting to be a\nparking control sign is, in the absence of evidence to the contrary presumed to be a sign marked, erected,\nestablished or displayed under the authority of these Local Laws.\n28.14 The first three letters of any day of the week when used on a sign indicate that day of the week.\n28.15 A sign associated with a no parking area, no stopping area or parking area or a sign of a kind\nreferred to in these Local Laws is limited in its operation and effect in respect of days, periods of the day,\nclasses of persons, classes of vehicle, or circumstances to the extent, if any, shown on the sign.\n29. HAWKERS, TRADERS AND STALL HOLDERS\n29.1 These Local Laws shall not apply to the selling or offering for sale newspapers or magazines unless\nthey are sold or offered for sale from a stall.\n29.2 No person shall hawk any goods, works, merchandise or wares or carry on trading or set up a stall\nin any thoroughfare or public place unless that person—\n29.2.1 is acting in compliance with the requirements, terms and conditions of a current licence\nissued under these Local Laws and for which all fees and charges have been paid; and\n29.2.2 is the holder of, or assistance specified in a valid licence.\n\nGOVERNMENT GAZETTE, WA 101126 February 1998]\n29.3 An application or renewal of an application for a licence shall be in the form of the Fourth Schedule\nof these Local Laws; and\n29.3.1 in the instance of a hawker, shall—\n29.3.1.1 specify the kind of goods, wares or merchandise which the applicant requires to hawk;\n29.3.1.2 specify where a vehicle is used, the type of vehicle, conveyance or means of carriage to\nbe employed in hawking;\n29.3.1.3 specify the period for which the licence is required;\n29.3.1.4 specify where the licence is required to be limited to a part of the District, the part of the\nDistrict to which it is so to be limited;\n29.3.1.5 specify where it is proposed to hawk in any public place or public building the location\nand name of the public place or building together with the name and address of the owner of\nthat public place or building;\n29.3.1.6 specify the full name and address of the applicant together with those of any assistants\nto be engaged by the applicant for hawking of his goods, works, wares or merchandise; and\n29.3.1.7 be accompanied by a certificate signed by two Justices of the Peace certifying that the\napplicant is of good character and reputation and is a fit person to exercise the trade of a hawker.\n29.3.2 in the instance of a trader or stall holder shall—\n29.3.2.1 include the full name and address of the applicant;\n29.3.2.2 specify the proposed number and the names and addresses of assistants to be engaged\nby the applicant in trading pursuant to the licence;\n29.3.2.3 specify the location for which the licence is sought and detail the area required;\n29.3.2.4 be accompanied by an accurate plan and description of any proposed stand, table, struc-\nture or vehicle which may be used for trading;\n29.3.2.5 specify the proposed days and hours of trading; and\n29.3.2.6 specify the proposed goods, wares, merchandise or services in respect of which trading\nwill be carried on;\n29.3.3 be accompanied by the application fee as determined by the Council from time to time.\n29.3.4 where a proposed stall is to be conducted on private property, include—\n29.3.4.1 a written authority from the owners of the property for the applicant to conduct the\nstall, and\n29.3.4.2 any other information as may be requested by or on behalf of Council.\n29.4 In considering an application for a licence or renewal of a licence the Council shall have regard to—\n29.4.1 any relevant policy statements;\n29.4.2 the desirability of the proposed activity;\n29.4.3 the location of the proposed activity; and\n29.4.4 the circumstances in the case;\n29.5 The Council may grant the licence or renewal, or may refuse to grant the licence or renewal and it\nmay so refuse on any of the following grounds—\n29.5.1 the applicant has committed a breach of any of these Local Laws;\n29.5.2 the applicant is not a desirable or suitable person to hold a licence;\n29.5.3 the needs of the District of the Council or the portion thereof for which the licence is sought\nare adequately catered for by established shops or by persons to whom licences have been previously\nissued;\n29.5.4 the proposed activity or place of trading is in the opinion of Council undesirable;\n29.5.5 the proposed shed, table or structure or vehicle is in the opinion of Council unsuitable in\nrespect to the location for which the licence is sought; or\n29.5.6 such other grounds as may be relevant in the circumstances.\n29.6 The Council may issue a licence specifying such requirements, terms and conditions as in the\nopinion of the Council are appropriate including—\n29.6.1 the place to which the licence applies, which in the event of a trader may include a pre\ndetermined approved route or area and whether or not the trader may remain stationery in any\nthoroughfare or public place where using a vehicle for any period longer than shall be necessary for\nthe purpose of serving or trading with any customer or intended customer then offering to buy or\ntreat;\n29.6.2 the days and hours when trading or hawking may be carried on;\n29.6.3 the number, type, form and construction, as the case may be, of any stand, table, structure or\nvehicle which may be used by a stallholder or for trading or hawking;\n29.6.4 the particulars of the goods or services or transactions in respect of which a stall may be\nconducted or trading or hawking may be carried on;\n29.6.5 the number of persons and the names of persons permitted to act as a stallholder or carry on\ntrading or hawking and any requirements concerning personal attendance at the place a stall is to\nbe established or of trading or hawking and the nomination of assistants, nominees or substitutes;\n29.6.6 whether and under what terms the licence is transferable;\n\nGOVERNMENT GAZETTE, WA [26 February 19981012\n29.6.7 any prohibitions or restrictions concerning the cause of any nuisance, the use of advertising\ndevices, the making of noise and the use of amplifiers, sound equipment, sound instruments and\nlighting apparatus, or distance of operation from a permanent place of building that has for sale any\ngoods, works, merchandise or wares of the kind being hawked or traded;\n29.6.8 any requirements concerning the display of the licence holder’s name and other details of the\nlicence;\n29.6.9 the care, maintenance and cleaning of the place of trading and any associated vehicles;\n29.6.10 the vacating of the place of trading when trading is not taking place;\n29.6.11 any requirements regarding the acquisition by the licence holder of public risk insurance;\n29.6.12 the period not exceeding 12 months during which the licence is valid; and\n29.6.13 designation of any place or places where establishment of a stall is or wherein trading or\nhawking is totally or from time to time prohibited by Council.\n29.7 A licence shall be in the form of the Fifth Schedule hereto and shall specify—\n29.7.1 the full name and address of the licensee;\n29.7.2 terms, conditions and requirements in accordance with clause 29.6 to these Local Laws; and\n29.7.3 the dates of issue and expiration of the licence;\n29.8 Charges and fees shall be calculated and payable as determined by the Council from time to time\nand notwithstanding Council’s approval of the issue of a licence such licence shall not be valid until the\nappropriate charges and fees have been paid.\n29.9 No licensee or assistant specified in a licence shall—\n29.9.1 engage in or permit any trading in any goods, wares, merchandise or services other than\nthose specified in the licence;\n29.9.2 cause or permit or suffer any nuisance to exist, arise or continue on or from the permitted\nplace specified in the licence;\n29.9.3 deposit, place or store any goods, wares or merchandise on any thoroughfare or other public\nplace other than on the place to which the licence applies;\n29.9.4 create any noise or disturbance to the annoyance of nearby occupants or passers-by; or\n29.9.5 obstruct the free passage of pedestrians on any footpath or thoroughfare;\n29.10 A licensee shall not—\n29.10.1 in trading use or employ or permit to be used or employed at any one time more than the\nmaximum number of assistants specified in the licence;\n29.10.2 transfer, assign or otherwise dispose of his licence without the authority of Council;\n29.10.3 use any weighing machines, weights, scales or measures which are defective, or falsely\nindicate the weight or measurement of the goods, wares or merchandise offered for sale.\n29.11 A licensee shall—\n29.11.1 personally attend at the place specified in his licence at all times when trading is conducted\non or from that place;\n29.11.2 keep the place and any stand, table, structure or vehicle specified in his licence in a clean\nand safe condition and in good repair;\n29.11.3 keep the place and any stand, table, structure or vehicle specified in his licence free from\ntrade refuse and other refuse and rubbish;\n29.11.4 legibly and conspicuously display his name on his stall;\n29.11.5 when offering for sale any goods, ware or merchandise by weight use for that purpose scales\ntested and certified in accordance with the Weights and Measures Act 1915;\n29.11.6 on demand produce his licence to any authorised person of the Council or any police officer;\nand\n29.11.7 unless with the written approval of the Council to the contrary, remove his stand, table,\nstructure or vehicle and all of his goods, wares, merchandise and signs from the place to which the\nlicence applies and leave that place clean and vacant in all respects—\n29.11.7.1 at the conclusion of the permitted hours of operation specified in his licence; or\n29.11.7.2 whenever not trading or hawking on the place to which the licence applies;\n29.12 Council may revoke any licence issued by it on the grounds—\n29.12.1 that the licensee has committed a breach of the terms and conditions of the licence;\n29.12.2 that the licensee is not conducting his business in a respectable or sober manner;\n29.12.3 that the licensee has assigned his licence or does not himself carry on the business;\n29.12.4 that the licensee is not regularly carrying on the business for which the licence was granted;\nor\n29.12.5 that the licensee or his assistants have breached any of the provisions of these Local Laws.\n29.13 Where a licence is revoked the Council shall refund the charge having first deducted the charge\napplicable to the period from the issuing of the licence to its revocation.\n29.14 Where a stall is set up or trading is undertaken for or on behalf of a community association and\nthe business is conducted for the purpose of that community association—\n29.14.1 fees or charges shall not be payable in respect of that stall or trading or the licence under\nwhich it is set up; and\n\nGOVERNMENT GAZETTE, WA 101326 February 1998]\n29.14.2 the operations of the stall or stalls or trading for which such exemption applies shall be\nbound in all other respects to these Local Laws.\n29.15 A licence issued for hawking, trading or to a stallholder is not transferable without the written\nconsent of the Council.\n30. CARNARVON SWIMMING POOL\n30.1 These Local Laws shall apply specifically to the Carnarvon Swimming Pool, Lots 103 and 104\nBabbage Island Road, Carnarvon.\n31. ADMISSION\n31.1 The pool premises shall be open for admission to the public during the hours and days the Council\nfrom time to time determines and such hours and such days shall be clearly indicated upon a notice\nboard at the entrance to the pool.\n31.2 Admission charges to the pool shall be clearly indicated upon a notice board at the entrance to the\npool, such admission charges shall be reviewed annually by Council and shall stipulate cost of entry for\nadults, children, pensioners and family groups (consisting of two adults and two children) and may\nstipulate such charges to apply for daily entry, seasonal entry or portion of a season entry.\n31.3 With regard to season or portion of season entry tickets or tokens—\n31.3.1 the Council shall prepare such tickets or tokens prior to the commencement of the stipulated\nseason and make them available to the public at the pool during those determined hours and upon\nthose determined days that admission to the pool is provided;\n31.3.2 the Manager shall, upon sale of such a ticket or token record in a bound book the name of the\nperson or persons to whom the ticket or token is sold together with the date of sale;\n31.3.3 a person or persons being the holder or holders of such tickets or tokens shall offer such\ntickets or tokens to the Manager prior to obtaining entry to the pool;\n31.3.4 such tickets or tokens are not transferable nor shall the Council be required to make a refund\non any unused portion of the period for which a ticket or token has been issued;\n31.3.5 such tickets or tokens may only be used by the person or persons to whom they have been\nissued and the Manager shall refuse admission to any person seeking entry to the pool by the use of\nsuch a ticket or token if it is reasonably believed that the person seeking the permission is not the\nperson or one of the persons to whom such ticket or token was issued;\n31.3.6 where any such ticket or token is lost, stolen or otherwise mislaid it shall be the responsibility\nof the person being the holder of such ticket or token to report to the Manager or CEO within 7 days\nof becoming aware of such an occurrence.\n32. STANDARDS OF BEHAVIOUR OF USERS\n32.1 No person shall—\n32.1.1 enter the pool without first using the cleansing shower-baths provided on the premises, in\nwhich shower-baths the use of soap is permitted; or\n32.1.2 in any way interfere with any other person in or upon the pool premises or with any other\nperson’s use thereof, throw or push, or attempt to throw stones, rocks, or any other matter or thing\nto the annoyance of any person using the pool premises; or\n32.1.3 play any ball games or take any action whatsoever which shall in any way limit the enjoy-\nment of the users of the pool premises, provided that nothing therein contained shall apply to the\nplaying of any games or aquatic sports organised and conducted on the pool centre premises by any\nclub, organisation or association or other person at such time and in such manner as shall be ap-\nproved by the Manager; or\n32.1.4 permit an animal or dog of which he is liable for the control to enter or remain in or about the\npool premises with the exception of a registered guide dog; or\n32.1.5 enter the pool premises without having first paid to the Manager the proper charge for admis-\nsion unless that person is an invitee, officer or employee of the Council in the course of his duties or\nperson otherwise exempted from the payment of fees by Council; or\n32.1.6 obstruct the Manager or any other authorised person in the course of his/her duties; or\n32.1.7 enter or exit from any part of the pool premises except by means of the entrances or exits set\napart for that purpose; or\n32.1.8 undress or remove any part of their bathing costume except in a dressing room enclosure\nprovided for that purpose;\n32.1.9 appear in public unless properly attired in a costume of such nature as to preserve public\ndecency and to cover the body as to prevent indecent exposure of the person; or\n32.1.10 enter or be in the pool premises while in the intoxicated condition induced by alcohol or\ndrugs; or\n32.1.11 take into the pool premises or have in their possession therein, any intoxicating liquor with-\nout the prior approval of the CEO; or\n32.1.12 take into the pool premises, or have in their possession therein any prohibited drugs; or\n32.1.13 use any soap or shampoo in any part of the pool premises other than in the dressing room or\nshower recess or;\n32.1.14 climb up or upon any roof, fence, wall partition or structure other than a diving board on the\npool premises; or\n\nGOVERNMENT GAZETTE, WA [26 February 19981014\n32.1.15 in any part of the pool premises behave in an unseemly, improper, disorderly, or riotous\nmanner or use indecent obscene, offensive or abusive language or gamble illegally or misconduct\nthemselves; or\n32.1.16 deposit in any part of the pool premises any filth or rubbish except in receptacles set aside\nfor that purpose; or\n32.1.17 smoke, consume foodstuffs, or drinks in other than those areas specifically set aside for the\npurpose ; or\n32.1.18 wastefully use the water or leave any taps flowing in the dressing rooms or elsewhere in the\npool premises; or\n32.1.19 expectorate in the pool or on any part of the pool premises or in any way commit any nui-\nsance on or in any part of such premises; or\n32.1.20 use any substance or preparation whereby the water of the swimming pool becomes discol-\noured or rendered turbid or otherwise unfit for the proper use of bathers; or\n32.1.21 foul or pollute water in any shower, or in the swimming pools or soil, damage, injure, de-\nstroy, use improperly, disfigure or write in or upon any dressing room, cubicle or compartment or any\npart of the pool premises or any furniture or other article or equipment therein; or\n32.1.22 damage, break, injure, improperly use, interfere with or destroy any fitting, appliance, equip-\nment or any other property of the Council in or about the pool premises; or\n32.1.23 whilst suffering from a contagious, infectious or cutaneous disease or whilst in an unclean\ncondition enter or use or attempt to enter or use the swimming pool or pool premises; or\n32.1.24 soil, defile or damage any towel or bathing costume belonging to another person;\n33. SUSPENSION, REMOVAL AND REFUSAL OF ENTRY\n33.1 The Manager may, and when instructed to do so by Council, or its authorised person shall, tempo-\nrarily suspend admission to, or remove from the pool premises or any part thereof, any person or per-\nsons, if in the Manager’s, Council’s or its authorised person’s opinion such action is necessary or desir-\nable;\n33.2 The Manager is hereby so empowered by Council to refuse admission to or remove, or cause to be\nremoved from the pool any person who, in the opinion of the Manager—\n33.2.1 is committing a breach of any of the provisions of these Local Laws; or\n33.2.2 is by his past or present conduct within or about the pool premises undesirable; or\n33.2.3 is under, or apparently under the influence of intoxicating liquor or drugs; or\n33.2.4 is apparently suffering from a contagious, infectious or cutaneous disease or skin complaint,\nor\n33.2.5 is a child under the age of eight (8) years and unaccompanied by a responsible person over the\nage of eighteen (18) years.\n33.3 A person temporarily suspended or otherwise requested to withdraw or refused entry to the pool\npremises shall leave these premises quietly, peaceably and immediately.\n33.4 Where a person has been suspended, removed from or refused admission to the pool premises, or\ndirected to leave the pool premises and feels aggrieved by the action of the Manager or Council or its\nauthorised person such person may object, in writing, to the Council by letter addressed to the CEO.\n33.5 The Council shall consider any objection placed before it in accordance with clause 30.4 and give\nsuch direction and take such action in the matter as it thinks fit.\n33.6 The Council may refuse to admit to the pool premises any person who shall have been convicted of\nwilfully disobeying or infringing or breaching any of the provisions of these Local Laws until such time\nas the Council may decide that such person shall be admitted.\n33.7 The Council may issue a written direction to the Manager that any person named in such direction\nshall not be admitted to the pool or pool premises and whilst such direction remains in force the man-\nager shall not admit such person to the pool premises or suffer him or her to be therein and such person\nshall not with knowledge that such direction is in force enter or attempt to enter the pool.\n33.8 The right of objection given by this Local Law shall not imply any right of action for damages or\nother remedy against the Council, Pool Manager or its authorised person arising out of refusal or admis-\nsion or direction to leave the pool premises.\n34. ORGANISED GROUPS\n34.1 A person, club, organisation or association shall not conduct controlled swimming or diving events,\ncarnivals or competitions without the prior consent of the Council.\n34.2 The Council may grant its consent in accordance with the requirements of clause 34.1 subject to\nany conditions it thinks fits and may, at any time withdraw that consent.\n34.3 In addition to the above, the Manager may, at his or her discretion and upon endorsement of the\nCEO, set aside the pool premises or any part thereof the for the use of certain persons or clubs, associa-\ntions or organisations at the exclusion of others subject to the conditions of clause 34.2, and provided\nthat the use is outside normal hours of admission.\n34.4 Every person,, club, organisation or association to whom the pool is let on hire for the purpose of\nholding a swimming carnival or other organised swimming event shall, at least two weeks before the\nproposed date of such carnival or other swimming event, forward to the CEO a copy of such program of\nevents as it is desired shall be completed for thereat and of any games or sports or other activities\nproposed to be then conducted. Any item on such program of which the Council does not approve shall be\nstruck out or altered in such manner as the Council may its absolute discretion see fit.\n\nGOVERNMENT GAZETTE, WA 101526 February 1998]\n34.5 Every club, person, association or organisation conducting any carnival shall pay to the Council in\nrespect to such carnival a sum equal to a fee or charge determined by the Council from time to time.\n34.6 Every club, person, association or organisation wishing to conduct any function apart from that\nmentioned in clause 31.1 shall submit written application to the Council and the Council may either\napprove or reject the application and may set conditions for the use.\n34.7 A person, club, organisation or association conducting a carnival or event at the pool premises shall\nbe responsible for the conduct of the competitors and spectators during the carnival or event and shall\nprevent overcrowding and ensure that no damage is one to the buildings or fencing or any other portion\nof the pool premises and that these Local Laws are observed by all competitors, officials and spectators\nor other persons attending the carnival or event.\n35. INDECENT ATTIRE\n35.1 If a person shall appear in public and in the opinion of the Manager, be indecently or insufficiently\nclad, the Manager shall direct that person forthwith to resume adequate bathing attire and such person\nshall forthwith comply with that direction.\n36. LOST OR LEFT PROPERTY\n36.1 Every person finding in the pool any article which may have been left or lost therein shall immedi-\nately deliver the same to the Manager or the person for the time being in charge of the pool premises,\nwho shall thereupon register a description of such article and all particulars relating thereto in a book\nwhich shall be kept for that purpose, and any persons claiming any such article and who satisfies the\nManager or such other person that he or she is the lawful owner of the same shall have such article\nreturned to them upon signing for the same in the book abovementioned.\n36.2 The Manager or other person for the time being in charge of the pool premises shall report to the\nCEO (at least once every week) regarding lost property and produce the said book for inspection by the\nCEO.\n36.3 The Council shall not under any circumstances incur any liability in respect of articles lost or left in\nthe pool premises or stolen from any person whilst on the pool premises.\n36.4 All articles left at the pool and not claimed within a period of fourteen (14) days shall be disposed of\nin accordance with the law relating to found or abandoned property.\n37. COACHING OR TRAINING\n37.1 No person shall for reward or profit teach, coach or train any person in the pool premises except\nwith the consent in writing of the Council first being obtained.\n37.2 The Council may grant such permission subject to such conditions as it thinks fit and may at any\ntime, in accordance with the Act, withdraw such permission without being liable to pay compensation.\n38. RISKS\n38.1 Every person using the pool premises does so at their own risk.\n38.2 Neither the Council nor the Manager or authorised person, Contractor or employee of the Council\nshall in any way be responsible for any articles or money lost by or stolen from any person whilst in the\npool premises or for any articles damaged or destroyed whilst in or about the pool premises.\n39. SERVICE OF NOTICE\n39.1 Where the Council or an employee or contractor of the Council is authorised by these Local Laws to\ngive any person any notice, demand, direction or order—\n39.1.1 the notice, demand, direction or order shall where issued in writing be signed by the CEO of\nthe Council or the authorised person;\n39.1.2 service of the notice, demand, direction or order may be effected in accordance with the provi-\nsions of the Act,; and\n39.1.3 the Council or its authorised person may effect such work as is necessary to comply with the\nrequirements of the notice, demand, direction or order, and recover any costs incurred from the\nperson upon whom such notice, demand, direction or order has been served;\n40. OBJECTIONS AND APPEALS\n40.1 When the Council makes a decision under these Local Laws as to whether it will—\n(a) grant a person an authorisation; or\n(b) renew, vary, or cancel an authorisation that a person has under these Local Laws;\nthe provisions of Part 9 Division 1 of the Act shall apply.\n41. ENFORCEMENT OF LOCAL LAWS\nDivision 1—Authorised Persons\n41.1 The Council may appoint a person as an Authorised Person for the purposes of performing particu-\nlar functions under these Local Laws and a person shall not hinder or interfere with an Authorised\nPerson in the course of that persons duties.\n41.2 An Authorised Person shall on demand show an identification of that person as such.\nDivision 2—Impounding\n41.3 Where an Authorised Person places a vehicle or animal in a municipal depot, public pound or other\nplace set aside for that purpose, details of the time and date, a description of the vehicle or animal, and\nof the place from which it was removed, shall be entered in a register provided by the Council for that\npurpose, and the CEO shall be notified.\n\nGOVERNMENT GAZETTE, WA [26 February 19981016\n41.4 The procedural provisions of Part 3, Division 3, Subdivision 4 of the Act shall apply generally when\na vehicle or animal is impounded.\n41.5 The CEO shall exhibit on the notice board of the Council notification that a vehicle or animal\ntherein described has been taken into custody and shall, unless the vehicle or animal is sooner recov-\nered, keep that notification exhibited for a period of not less than 7 days.\n41.6 Every person who removes a vehicle or animal from an appointed place without the authority of the\nCEO commits an offence.\nDivision 3—Infringement Notices\n41.7 An infringement notice in respect of an offence prescribed in these Local Laws—\n41.7.1 may be given under section 9.13 of the Act and shall be in or to the effect of Form 1 of\nSchedule 3.\n41.7.2 may be given under section 9.16 of the Act, and shall be in or to the effect of Form 2 of\nSchedule 3.\n41.8 A notice sent under section 9.20 withdrawing an infringement notice shall be in or to the effect of\nForm 3 of Schedule 3.\nDivision 4—General Offence and Penalty Provisions\n41.9 Any person failing to do any act directed to be done, or doing any act forbidden to be done by these\nLocal Laws, or any notice or order under these Local Laws commits an offence.\n41.10 The maximum penalty for a parking or stopping offence under the Parking provisions of these\nLocal Laws shall be $500.00.\n41.11 Subject to clause 41.10, any person who commits an offence against these Local Laws shall be\nliable to a penalty not exceeding a fine of $5,000.00 and if the offence is of a continuing nature, to a daily\npenalty not exceeding a fine of $500.00 in respect of each day or part of a day during which the offence\nhas continued.\n41.12 The offences and modified penalties prescribed, with respect to offences against these Local Laws,\nshall be as specified in the Sixth Schedule.\nMunicipal Local Laws\nFIRST SCHEDULE\nPRESCRIBED SEA SHORE AREAS (Clause 15)\n1. Commencing from the south western corner of Lot 1048, Reserve 28553 thence from that corner north\nwesterly on a bearing of 327 degrees 56 minutes 225.3 metres along the boundary of lot 1048 thence\nnortherly on a bearing 354 degrees 47 minutes along the boundary of 372 metres thence due west to low\nwater mark of the Indian Ocean thence generally southerly, easterly and northerly at low water mark\nalong the beach area returning to a point on the boundary of lot 1048 Reserve 28553, thence north\nwesterly 15 metres to the commencement.\n2. Notwithstanding the above a person may permit a horse between the hours of 6am to 8am, to be on\nthat portion of the foreshore, commencing from a point due west of the south western corner of lot 1048\nto low water mark of the Indian Ocean, thence generally northerly 570 metres along the beach area.\n\nGOVERNMENT GAZETTE, WA 101726 February 1998]\nSECOND SCHEDULE\nFORM 1\nAPPLICATION FOR CERTIFICATE OF REGISTRATION TO\nKEEP GOATS (Clause 16)\nI ........................................................................................................................................ being the occupier\nof .....................................................................................................................................................................\nhereby make application to keep ............ goat/s (specify number) at Lot ............ No. ............ a property at\nwhich I am resident and which is located within ............................ zone under the Shire of Carnarvon\nTown Planning Scheme. Owner (where other than occupier)\nI/We ................................................................................................................................................................\nof .....................................................................................................................................................................\nbeing the owner/s of Lot ....................... hereby approve .............................................................. (occupier)\nof .....................................................................................................................................................................\nto keep goat/s (specify number).\nIn accordance with the Local Laws I attach hereto—\nDetails of the purpose for which it is intended to keep the goats—\nb. A medical certificate stating that, due to medical reasons, goats milk is required for a resident\nof the premises;\nc. Plans and specifications of a structure, yards, pens and enclosures as required by the Local\nSigned .....................................................................\nDated this the ............................................... day of ..................................................................... 19...........\nSECOND SCHEDULE\nFORM 2\nCERTIFICATE OF REGISTRATION FOR THE KEEPING OF GOATS (Clause 16)\nThis is to certify that .....................................................................................................................................\nof .....................................................................................................................................................................\nis authorised to keep ................ goat/s for the purpose of ........................................................as specified\nunder these Local Laws at Lot .................................... (specify location).\nSigned .................................................\nCEO\nNOTES—\n1. This registration is invalid unless it is accompanied by a receipt bearing the imprint of the cash\nregister of the Shire of Carnarvon.\n2. This registration is not transferable without the written consent of the Council.\n\nGOVERNMENT GAZETTE, WA [26 February 19981018\nTHIRD SCHEDULE\nFORM 1\nNOTICE TO OWNER OF VEHICLE INVOLVED IN OFFENCE\nDate ........../........../.........\nTo: (1) ..............................................................................................................................................................\nof (2) ................................................................................................................................................................\nIt is alleged that on ........../........../......... at (3) ..............................................................................................\nat (4) ............................. your vehicle (5) .......................................................................................................\nwas involved in the commission of the following offence—\n........................................................................................................................................................................\n........................................................................................................................................................................\ncontrary to Clause ................ of the (6) .........................................................................................................\nYou are required under section 9.13 of the Local Government Act 1995 to identify the person who was the\ndriver or person in charge of the vehicle at the time when the offence is alleged to have been committed.\nIf you do not prove otherwise, you will be deemed to have committed the offence unless—\n(a) within 28 days after being served with this notice\n(i) you inform the Chief Executive Officer, or another authorised officer, of the local govern-\nment as to the identity and address of the person who was the driver or person in charge of\nthe vehicle at the time the offence is alleged to have been committed; or\n(ii) you satisfy the Chief Executive Officer that the vehicle had been stolen, or was being un-\nlawfully used, at the time the offence is alleged to have been committed;or\n(b) you were given an infringement notice for the alleged offence and the modified penalty speci-\nfied in it is paid within 28 days after the notice was given or such further time as is allowed.\nName and title of authorised person giving the notice ...............................................................................\n........................................................................................................................................................................\nSignature .............................................................\n(1) Name of owner or “owner of (vehicle identification)”\n(2) Address of owner (not required if owner not named)\n(3) Time at which offence allegedly committed\n(4) Place at which offence allegedly committed\n(5) Vehicle identification\n(6) Name of the Local Laws\n\nGOVERNMENT GAZETTE, WA 101926 February 1998]\nTHIRD SCHEDULE\nFORM 2\nINFRINGEMENT NOTICE\nSerial No. .....................\nDate ........../........../........\nTo: (1) ..............................................................................................................................................................\nof: (2) ...............................................................................................................................................................\nIt is alleged that on Date ........../........../........ at (3) ......................................................................................\nat (4) ...............................................................................................................................................................\nYou committed the following offence—\n........................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\ncontrary to Clause ................ of the (5) .........................................................................................................\nThe modified penalty for the offence is $ ..................\nIf you do not wish to have a complaint of the alleged offence heard and determined by a court, the\namount of the modified penalty must be paid to an authorised person at\n(6) ............................................ within a period of 28 days after the giving of this notice.\nSignature .............................................................\n(1) Name of alleged offender [“owner of (vehicle identification)” suffices if notice given with a notice\nunder section 9.13 of the Act]\n(2) Address of alleged offender (not required if notice given with a notice under section 9.13 of the\nAct)\n(3) Time at which offence allegedly committed\n(4) Place at which offence allegedly committed\n(5) Name of the Local Laws\n(6) Place where modified penalty may be paid\nFORM 3\nNOTICE OF WITHDRAWAL OF INFRINGEMENT NOTICE\nSerial No .............Serial No. .....................\nDate ........../........../........\nTo: (1) ..............................................................................................................................................................\nof: (2) ...............................................................................................................................................................\nInfringement Notice No .......................................................... dated .........../.........../........... for the alleged\noffence of .........................................................................................................................................................\n.................................................................................................................................... has been withdrawn.\nThe modified penalty of $ .................................\nhas been paid and a refund is enclosed.\n• has not been paid and should not be paid.\ndelete as appropriate\nName and title of authorised person giving this notice\n........................................................................................................................................................................\nSignature .......................................\n(1) Name of alleged offender to whom infringement notice was given\n(2) Address of alleged offender\n\nGOVERNMENT GAZETTE, WA [26 February 19981020\nFOURTH SCHEDULE\n* APPLICATION FOR HAWKERS, TRADERS, STALLHOLDERS LICENCE (Clause 29)\n(*Delete which does not apply)\nTo—The CEO\nPO Box 459\nCARNARVON WA 6701\nI .......................................................................................................................................................................\nof .....................................................................................................................................................................\napply for permission to hawk/carry on trading/conduct a stall\nat .....................................................................................................................................................................\nin the district of the Shire of Carnarvon. Description of stand , structure or vehicle to be used by licencee\n(eg. trestle) .....................................................................................................................................................\nTypes of goods, wares, merchandise or services to be sold/traded\n(where space is insufficent please attach list)\n........................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\nDates and times hawking/trading/stall is to be conducted .........................................................................\nPlace/s and details or areas to which licence is to apply .............................................................................\nFull names and address of assistants who may be engaged at any one time in trading—\n........................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\nIf stall is to be conducted on behalf of a Community Association.\nName, address and contact person of association—\n........................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\nSigned ................................................................................. Date ...................................\nFOR OFFICE USE ONLY—\nFee Paid $ .............................\nDate ......................................\nReceipt No. ...........................\n\nGOVERNMENT GAZETTE, WA 102126 February 1998]\nFIFTH SCHEDULE\n*HAWKERS/TRADING/STALL HOLDERS LICENCE (Clause 29)\n1. Full name and address of licencee ............................................................................................................\n........................................................................................................................................................................\n2. Date of issue of licence ..............................................................................................................................\n3. Date of expiration of licence ......................................................................................................................\n4. Requirements, Terms and Conditions—\n(a) Place to which licence applies..............................................................\n(b) Description of stand structure or vehicle to be used by the licencee ...........................................\n.........................................................................................................................................................\n(c) Particulars of the goods, wares, merchandise or service in respect of which trading may be\ncarried on .........................................................................................................................................\n.........................................................................................................................................................\n(d) Full name and address of assistants who may be engaged at any one time in trading .............\n.........................................................................................................................................................\n(e) The permitted days and hours when trading may be carried on .................................................\n(f) Other requirements, terms or conditiions applicable to this licence ...........................................\n.........................................................................................................................................................\n.........................................................................................................................................................\n...............................................\nCEO\n*Delete Which Does Not Apply\nNOTES\n1. This licence is issued subject to the Local Laws of the Shire of Carnarvon.\n2. This licence is invalid unless accompanies by a receipt bearing the imprint of the cash register\nof the Shire of Carnarvon.\n3. This licence is not transferable without the written consent of the Council.\n\nGOVERNMENT GAZETTE, WA [26 February 19981022\nSIXTH SCHEDULE\nItem Clause Offence Modified\nPenalty\n$\n1. 5.1.1 Depositing rubbish, bottles, glass or litter ........................................... 50.00\n2. 5.1.2 Throwing, placing,leaving vegatable substances ................................. 50.00\n3. 5.1.3 Lighting a fire, burning ......................................................................... 50.00\n4. 12.2.1 Lighting a fire in a reserve ................................................................... 100.00\n5. 12.2.2 Unauthorised driving or speeding on a reserve ................................... 100.00\n6. 12.2.3 Consuming liquor on a reserve ............................................................. 50.00\n7. 17..2 Obstructing a public place .................................................................... 75.00\n8. 23.1 Stopping a vehicle or animal on alawn or garden without the consent\nof the owner. ........................................................................................... 50.00\n9. 23.1 Driving a vehicle or animal on or across a lawn or garden without\nthe consent of the owner. ....................................................................... 50.00\n10. 25.1 Removal of any flower, plant or shrub from a garden. ........................ 40.00\n11. 25.1 Wilful damage of a lawn or garden ....................................................... 100.00\n12. 26.1.3 Riding a bicycle on other than a dual use footpath. ............................ 25.00\n13. 26.1.3 Riding a bicycle on other than a left hand side of a footpath. ............. 25.00\n14. 26.1.3 Riding bicycle on a footpath at a speed in excess of 15 km/h .............. 25.00\n15. 28.5.1 (i) Parking in an area reserved for vehicles of a different class .......... 50.00\n16. 28.5.1 (ii) Restricted parking ........................................................................... 50.00\n17. 28.5.1 (iii) Parked longer than permitted ........................................................ 50.00\n18. 28.5.2 (i) No stopping area ............................................................................... 50.00\n19. 28.5.3 No parking area ..................................................................................... 50.00\n20. 28.6 (i) Not close and parallel facing wrong way two-way carriageway ..... 50.00\n21. 29.2.1 Hawking, trading or setting up a stall without or contrary to licence 100.00\n22. 32.1.2 Interfering with another person ........................................................... 50.00\n23. 32.1.15 Bahaving in an unseemly, improper, disorderly manner .................... 20.00\n24. 32.1.16 Depositing filth or rubbish .................................................................... 20.00\n25. All other offences not specified ............................................................. 50.00\n\nGOVERNMENT GAZETTE, WA 102326 February 1998]\nSEVENTH SCHEDULE\nPARKING REGION\nDEFINED PARKING AREAS\nThe Common Seal of the Shire of Carnarvon was hereby affixed by authority of a resolution of the\nParking Region\n’\nNorth\n\nGOVERNMENT GAZETTE, WA [26 February 19981024\nLOCAL LAWS RELATING TO THE\nCARNARVON PUBLIC CEMETERY\nIn pursuance of the powers conferred upon it by abovementioned Act and of all other powers enabling it,\nthe Council of the Shire of Carnarvon hereby records having resolved on the 26th day of November 1997,\nto make the following Local Laws.\nPART I—PRELIMINARY\nRevocation\n1. The following Local Laws are hereby revoked—\nThe By-laws Relating to the Carnarvon Public Cemetery, published in the Government Gazette on\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"August, 1975 as amended in the Government Gazette on 15 July, 1977, 11 May, 1979 and 31","content":"22 August, 1975 as amended in the Government Gazette on 15 July, 1977, 11 May, 1979 and 31\nOctober, 1986.\nInterpretations\n2. In these Local Laws unless the context otherwise requires—\n“Act” means the Cemeteries Act, 1986;\n“authorised person” means an employee of the Council authorised by the Council to exercise any\npower conferred by an Act of Parliament or these Local Laws;\n“CEO” means the Chief Executive Officer or Acting Chief Executive Officer for the time being, of the\nShire of Carnarvon;\n“memorial” includes headstone, plaque, tombstone, monumental work, inscription, kerbing, enclo-\nsure and any other fixture or thing commemorating a grave;\n“personal representative” includes the administrator and executor of an estate of a deceased person\nwho, by law or practice, has the best right to apply for administration and any person having the\nlawful custody of a dead body;\n“right of burial” means the right to use a specified area of a cemetery for burial;\n“set fee” refers to fees and charges set by a resolution of the Council and published in the\nGovernment Gazette in accordance with section 53 of the Act;\n“single funeral permit” means a permit issued by the Council in accordance with Clause 22 which\nentitles the holder to conduct a funeral at the cemetery for the deceased persons named in the\npermit.\nPART II—ADMINISTRATION\n3. The CEO, subject to the direction of the Council, shall exercise general supervision and control over\nall matters concerning the administration of the cemetery and the carrying out and enforcement of these\nLocal Laws and all directions of the CEO shall be deemed to have been given by order of the Council.\n4. A plan of the cemetery showing the distribution of the land, compartments, section, situation and\nnumber of grave,and a register of all certificates of rights of burial shall be kept at the office of the\nPART III—RIGHTS OF BURIAL\n5. Graves within the cemetery shall be either private or public.\n6. A private grave is one in respect of which an exclusive right of burial has been granted by Council.\n7. A public grave is one for which the land has been granted free of charge by the Council. The Council\nretains all rights and powers in respect of a public grave as were held by the Council prior to the grant.\n8. The Council may, upon the written application of a person and upon payment of the set fee issue that\nperson with a Grant of Exclusive Right of Burial in a specified area of the Cemetery.\n9. A Grant of Exclusive Right of Burial shall be for a term of twenty-five (25) years from the date of issue\nor from the date of burial if the set fee has been pre-paid.\n10. A Grant of Exclusive Right of Burial confers upon the grantee an exclusive right:\n(a) to bury the dead bodies of one or more deceased persons in a grave; and\n(b) to carry out memorial works on a grave;\nduring the term of the grant.\n11. A grantee may make application to the Council in the form determined by the Council from time to\ntime to transfer a Grant of Exclusive Right of Burial to another person and this may be approved by the\nCouncil subject to payment of the set fee.\n\nGOVERNMENT GAZETTE, WA 102526 February 1998]\n12. If application be made for interment in any grave of the remains of any person other than the person\nto whom the grant was issued, or a registered assignee, the written and verified consent of such grantee\nor assignee shall be produced together with the Grant of Exclusive Right of Burial, or in the case of an\nassignee, the assignment of the right of burial in the form issued by the Council.\nPART IV—APPLICATION FOR FUNERALS\n13. Any person desiring to inter any dead body in the cemetery shall make an application in the form\ndetermined by the Council from time to time and pay the set fee.\n14. All applications for interment shall be accompanied by;\n(a) a medical certificate of death; or\n(b) a Coroner’s order for burial;\nin respect of the body.\n15. All applications for interment shall be made at the office of the Council at least twenty four hours\n(24) prior to the time fixed for burial, otherwise an extra charge shall be made.\nPART V—DISPOSAL OF ASHES\n16. A personal representative may give directions for the disposal of ashes by lodging an authorisation\nfor disposal at the office of the Council and the Council shall accept such an authorisation as evidence\nthat the person signing the authorisation is in fact entitled to dispose of the ashes, upon payment of the\nset fee.\nPART VI—TIMES FOR FUNERALS\n17. The hours for burial shall be as follows—\nMonday to Friday — 9 am to 4 pm;\nSaturday — 8.30 am to 11.30 am\nand no burial shall be allowed to take place nor any coffin allowed to enter the cemetery, at any other\nhour except by written permission of the Council.\nPART VII—FUNERAL DIRECTORS\n18. A person shall not direct a funeral within the cemetery or otherwise make use of the cemetery for any\npurpose connected with directing a funeral unless that person is—\n(a) a Funeral Director;\n(b) an employee of the Funeral Director; or\n(c) the holder of a single funeral permit issued in accordance with Clause 22.\n19. The Council may upon receipt of an application in writing by any person and upon payment of the set\nfee, issue to the applicant a Funeral Director’s licence in the form determined by the Council from time\nto time authorising the holder to direct funerals within the cemetery at such times and on such days and\nsubject to such conditions as the Council shall specify upon the issue of that licence.\n20. A Funeral Director’s licence shall expire on the 30th day of June in each year, but may be renewed on\npayment of the set fee.\n21. The Council may, by notice in writing to the holder of a Funeral Director’s licence, cancel the licence\nif the holder of the licence or any employee of the holder, has committed a breach of these Local Laws, the\nAct, or any of the conditions upon which the licence was issued, or if in the opinion of the Council, has\nbehaved in relation to the direction of a funeral, in a manner which is inappropriate or unbecoming.\nSingle Funeral Permits\n22. The Council may upon receipt of an application in writing by any person, in the form determined by\nthe Council from time to time and upon payment of the set fee issue to the applicant a single funeral\npermit authorising the holder to direct the funeral of the person named in the permit within the cem-\netery at such time and subject to such conditions as the Council shall specify upon the issue of that\npermit.\n23. Every application for a single funeral permit made in accordance with Clause 22 shall include coffin\nspecifications and details of the vehicle transporting the dead body to the gravesite.\n24. The transporting vehicle shall be large enough to completely contain the coffin.\nPART VIII—FUNERALS\n25. Every coffin shall have upon the lid an approved metal plate bearing the name of the deceased\nstamped or otherwise indelibly inscribed in legible characters thereon. Any coffin not complying with\nthis Local Law will not be admitted to or be interred in the cemetery.\n26. The time fixed for any burial shall be the time at which the funeral is to arrive at the cemetery gates,\nand, if not punctually observed, then the applicant who applied to hold the funeral under Clause 13\nshall pay the set fee for being late.\n27. Every funeral shall enter by the principal entrance, and no vehicle, except the hearse, and official\nmourning coaches, shall be permitted to enter the cemetery, or stand opposite the entrance gates.\n28. Vehicles shall proceed within the cemetery by the constructed roadway or other areas designated for\nthe use of vehicles and shall not exceed the speed of 25km per hour.\n29. A person committing an offence under Clause 28 may be forthwith expelled from the cemetery by the\nCEO or an authorised person.\n30. No bicycle shall be ridden within the cemetery.\n\nGOVERNMENT GAZETTE, WA [26 February 19981026\nPART IX—BURIALS\n31. The Council shall cause all graves to be dug or to be re-opened as and when required.\n32. Every grave shall be at least two metres deep at the first interment and no interment shall be\nallowed in any grave with a less depth than one metre from the top of the coffin to the original surface of\nthe surrounding ground.\n33. Brick graves, catacombs or vaults may not be constructed within the cemetery.\n34. A person shall not disinter a coffin in the cemetery for the exhumation of a dead body unless:\n(a) the exhumation is ordered or authorised pursuant to the Act; or\n(b) the holder of the Grant of Exclusive Right of Burial has applied in writing to the Council re-\nquesting the exhumation and the Council has authorised the exhumation.\n35. If for the purpose of re-opening a grave the Council finds it necessary to remove a memorial, edging,\ntiles, plants, grass, shrubs or other like matter from the grave, then the person ordering the re-opening\nof that grave shall bear the cost of the removal and any necessary reinstatement.\nPART X—MEMORIALS AND OTHER WORK\n36. Subject to Clause 37 the Council may upon receipt of an application in writing by any person and\nupon payment of the set fee issue to the applicant a permit authorising the holder to carry out memorial\nworks upon a particular grave specified in the application at such time and on such days and subject to\nsuch conditions as the Council shall specify upon the issue of that permit or in these Local Laws.\n37. All applications referred to in Clause 36 shall be accompanied by the written consent of the holder of\nthe Grant of Exclusive Right of Burial.\n38. The Council may reject any application referred to in Clause 36 where it considers the proposed\nmemorial works are inappropriate or unbecoming.\n39. Every memorial shall be placed on proper and substantial foundations.\n40. The materials used in every memorial shall be subject to the approval of the CEO or authorised\nperson and any material rejected shall be immediately removed from the cemetery by the person erect-\ning the memorial. All refuse or other rubbish remaining after the work is completed shall be immedi-\nately removed from the cemetery by the person causing the same.\n41. Should any work by masons or others be not completed before 6pm Monday to Friday or before noon\non Saturdays, they shall be required to leave the work in a neat and safe condition to the satisfaction of\nthe CEO or an authorised person.\n","sortOrder":24},{"sectionNumber":"42","sectionType":"section","heading":"All material required in the erection and completion of any work shall,as far as possible, be prepared","content":"42 All material required in the erection and completion of any work shall,as far as possible, be prepared\nbefore being taken to the cemetery,and all materials required by tradesmen shall be admitted at such\nentrance as the CEO or an authorised person shall direct.\n43. No sand, earth or other material shall be taken from any part of the cemetery for use in the erection\nof any memorial or work except with the written approval of the Council\n44. Persons shall not be permitted to carry out memorial or other work on graves within the cemetery\nother than during the hours of 8.00am and 6.00pm on weekdays, and 8.00am and noon on Saturdays,\nwithout the written permission of the CEO.\n45. No wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave.\n46. No trees or shrubs shall be planted on any grave except such as shall be approved by the CEO.\n47. All workers, whether employed by the Council or by any other person, shall at all times whilst within\nthe boundaries of the cemetery be subject to the supervision of the CEO or an authorised person and\nshall obey such directions as the CEO or an authorised person may give.\n48. Notwithstanding anything in these Local Laws to the contrary, the Office of Australian War Graves:\n(a) may place a memorial on a military grave; and\n(b) is not required to pay the set fee for any memorial that is placed upon a military grave.\nPART XI—GENERAL\nAnimals\n49. Subject to Clause 50, a person shall not bring an animal into or permit an animal to enter or remain\nin the cemetery.\n50. Clause 49 shall not apply to a hearing impaired person or a person who is blind or partially blind and\nis accompanied by a hearing or guide dog.\nDamaging and Removing of Objects\n51. Subject to Clause 52, a person shall not damage, remove or pick any tree, plant, shrub or flower in\nthe cemetery or any other object or thing on any grave or memorial or which is the property of the\nCouncil without the permission of the Council.\n52. A person may remove withered flowers from a grave or memorial and these are to be placed in a\nreceptacle provided by the Council for that purpose.\nLittering and Damage\n53. A person shall not—\n(a) break or cause to be broken any glass, ceramic or other material in or upon the cemetery;\n(b) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in or upon\nthe cemetery other than in a receptacle provided for that purpose.\n\nGOVERNMENT GAZETTE, WA 102726 February 1998]\nAdvertising\n54. A person shall not carry on or advertise any trade, business or profession within the cemetery with-\nout the prior written approval of the Council which consent may be granted subject to such conditions as\nthe Council thinks fit.\nRemoval from the Cemetery\n55. Any person failing to comply with any provisions of these Local Laws or behaving in a manner that\nin the opinion of the Council, the CEO or an authorised person is inappropriate in the Cemetery may in\naddition to any penalty provided by these Local Laws be ordered to leave the cemetery by the Council,\nthe CEO or an authorised person.\n56. Any person failing to comply with an order to leave the Cemetery made pursuant to Clause 55 may\nbe expelled from the Cemetery and shall not re- enter the Cemetery for a period of twenty-four (24)\nhours.\nPART XII—OFFENCES AND MODIFIED PENALTY\nOffence\n57. A person who commits a breach of any provisions of these Local Laws commits an offence and shall\non conviction be liable to a penalty not exceeding $500.00 and if the offence is a continuing one to a\nfurther penalty not exceeding $20.00 for every day or part of a day during which\nthe offence is continuing.\nModified Penalties.\n58. (1) A person who—\n(a) receives an infringement notice pursuant to sub-section (1) or (1)(a) of Section 63 of the Act; and\n(b) does not contest an allegation that an offence was committed against these Local Laws, may\nwithin the time specified in the notice, pay to the Council the modified penalty payable with\nrespect to that offence.\n(2) The offences and modified penalties prescribed, with respect to offences against these Local Laws\nshall be as specified in the First Schedule.\n(3) The prescribed form of the notice referred to in Section 63 of the Act is set out in the Second\nSchedule.\n(4) The production of an acknowledgment from the Council of the payment of a modified penalty is a\ndefence to a charge of the offence in respect of which that penalty was paid.\n(5) If it appears to the Council that an alleged offence cannot be adequately punished by the payment\nof the modified penalty then the Council may refrain from accepting the modified penalty and may in\nlieu take proceedings against the alleged offender in a Court of Petty Sessions.\n(6) A notice sent under section 63(3) of the Act withdrawing an infringement notice served under\nsection 63(1) in respect of an offence alleged to have been committed against one of the provisions of\nthese Local Laws shall be in or to the effect of the Third Schedule.\nFirst Schedule\nLocal Laws relating to the Carnarvon Cemetery\nItem Clause Nature of Offence Modified\nNo. Penalty\n1 28 Excessive speed .......................................................................... $50.00\n2 28 Unauthorised use—driving of vehicles ..................................... $50.00\n3 30 Riding of bicycle ......................................................................... $20.00\n4 40 Placing and removal of rubbish and surplus materials ........... $50.00\n5 41 Leaving uncompleted works in an untidy or unsafe condition $50.00\n6 49 Animal at large .......................................................................... $50.00\n7 51 Unauthorised damage and removal of property ....................... $50.00\n8 53 Dumping of Rubbish .................................................................. $50.00\n9 54 Unauthorised advertising, and/or trading ................................ $50.00\n","sortOrder":25},{"sectionNumber":"10","sectionType":"section","heading":"Any other offence ........................................................................ $40.00","content":"10 Any other offence ........................................................................ $40.00\n\nGOVERNMENT GAZETTE, WA [26 February 19981028\nSecond Schedule\nLocal Laws Relating to the Carnarvon Public Cemetery\nINFRINGEMENT NOTICE\nNo. ..................\nTO: ..................................................................................................................................................................\n(Name)\n........................................................................................................................................................................\n(Address)\n........................................................................................................................................................................\nIt is alleged that at ............ : ............ hours on ............day\nof ................................................................................................................ 19................. at ..........................\n........................................................................................................................................................................\nyou committed the offence indicated hereunder by an (x) in breach of Local\nLaw number .........................................\n..........................................................\n(Authorised Officer)\nOffence\nAnimal at large\nDumping rubbish\nExcessived speed in vehicle\nLeaving uncompleted works in an untidy or unsafe condition\nNon removal of rubbish\nRiding of bicycle\nUnauthorised advertising or trading\nUnauthorised damage and removal of property\nUnauthorised vehicle use\nOther offence ..................................................................................................................................................\n$...............................................................\nYou may dispose of this matter:\nBy payment of the penalty as shown within 21 days of the date of this notice to the Shire of Carnarvon,\nFrancis Street (PO Box 459), Carnarvon, between the hours of 9.00am to 4.00pm Monday to Friday.\nIf neither the prescribed penalty is paid nor representation is made within the time specified, court\nproceedings may be instituted against you. Please make cheques payable to Shire of Carnarvon. Pay-\nments by mail should be addressed—\nThe CEO\nP.O. Box 459\nCarnarvon, WA 6701\n\nGOVERNMENT GAZETTE, WA 102926 February 1998]\nThird Schedule\nLocal Laws Relating to the Carnarvon Public Cemetery\nWITHDRAWAL OF INFRINGEMENT NOTICE\nNo. ..................\n............................................................................................................................... Date........../........../..........\nTo (1)\n........................................................................................................................................................................\nInfringement Notice No. ..................................................... dated ........../........../.......... for the alleged\noffence of (2)\n........................................................................................................................................................................\nPenalty (3) ........................................................................................... $..................... is hereby withdrawn.\n(Delete whichever does not apply)\n* No further action will be taken\n* It is proposed to institute court proceedings for the alleged offence.\n(1) Insert name and address of alleged offender\n(2) Insert short particulars of offence alleged.\n(3) Insert amount of penalty prescribed.\nD. A. MILLS, President.\n\nGOVERNMENT GAZETTE, WA [26 February 19981030\n!199800036GG!","sortOrder":26}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1063},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The document contains four distinct local law instruments as gazetted. The Standing Orders, Advertising Devices, General Local Laws, and Cemetery Laws each appear to operate within their original intended scope. While the Cemetery Laws were amended multiple times between 1975-1986 before this 1998 consolidation, and the Standing Orders revoke earlier by-laws from 1986-1994, the current versions do not appear to have expanded beyond their original purposes. The scope remains: procedural governance for council meetings, sign regulation, public order/nuisance control, and cemetery management respectively."},"complexity_factors":["Extensive cross-referencing between the four separate legislative instruments","47+ defined terms across multiple interpretation sections","Nested conditional logic in parking controls (different rules for different zones, times, vehicle classes)","Detailed technical specifications in schedules (e.g., First Schedule to Advertising Devices has 11 columns of measurements)","Multiple overlapping regulatory regimes (Standing Orders, Advertising, General Laws, Cemetery Laws)","Procedural complexity in Standing Orders with 20 Parts and numerous exceptions (e.g., committees exempt from certain clauses)","Conditional licensing requirements with varying prerequisites (engineering certificates, insurance, medical certificates)","Temporal restrictions layered with spatial restrictions (e.g., election signs time-limited, development signs time- and event-limited)","Revocation and amendment procedures with multiple thresholds (simple majority, absolute majority, special majority)","Cross-references to external legislation: Local Government Act 1995, Cemeteries Act 1986, Road Traffic Act 1974, Traffic Act, Town Planning and Development Act 1928"],"plain_english_summary":"Four separate 1998 Shire of Carnarvon local laws covering: how Council meetings are run (procedures, quorums, conflict-of-interest and sanctions); regulation of signs and advertising (licences, prohibited locations, insurance and penalties); a range of local public-order and land-use controls (nuisances, hawkers, parking, vehicle wrecking, animal keeping, pools); and rules for the Carnarvon Public Cemetery (burial rights, permits, hours, memorial standards and conduct). They affect councillors, businesses, residents and funeral operators and create enforceable licensing and penalty regimes."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The package expressly revokes prior local by‑laws and replaces them with broader, more prescriptive regimes (Advertising Devices Revocation cl.1.0; Standing Orders revocation in preamble; Local Laws Revocation clauses). New measures centralise permissions, set annual licence cycles and fees (Advertising Devices cl.2.4), add detailed technical controls and schedules (First Schedule), and expand enforcement tools including impounding and infringement notices (Advertising Devices Part 7; Municipal Local Laws cl.41; Cemetery Part XII cl.58). That shift increases administrative discretion (Council/CEO/Authorised Persons) and ongoing compliance costs for sign owners, traders and licence holders (see Advertising Devices cl.2.1, cl.5.14 and Stall provisions cl.29.6)."},"complexity_factors":["Multiple, distinct regulatory regimes consolidated into one instrument (Standing Orders; Advertising Devices; Municipal/local laws on trading, parking, pool, animals; Cemetery rules) — see Standing Orders intro; Advertising Devices Part 1 (cl.1.3); Municipal Local Laws sections; Cemeteries Part I (Revocation).","Detailed technical and dimensional specifications embedded in schedules (First Schedule columns with heights, setbacks, areas) that require measurement and design compliance (Advertising Devices First Schedule).","Layered licensing and renewal regimes with special licences, annual expiry and early‑cancellation rules creating ongoing compliance and fee obligations (Advertising Devices: cl.2.1, cl.2.4, cl.2.5; Third/Fourth Schedules).","Extensive delegated discretion to Council, the CEO and 'Authorised Persons' to approve, refuse, modify, revoke licences and to decide meetings and procedure (Standing Orders cl.1.1–1.3; cl.20.4; Advertising Devices Part 7 Division 1; Municipal Local Laws cl.41.1).","Enforcement architecture mixes administrative remedies (licence revocation, removal/impounding of signs/vehicles), infringement notices and court proceedings with varied modified penalties — multiple penalty scales across Parts (Advertising Devices Part 7 Division 2–4; Municipal Local Laws cl.41; Cemeteries Part XII cl.58).","Interlocking appeal and objection paths that differ by subject (internal objection to Council, appeals to Minister or Local Court) adding procedural complexity (Advertising Devices Part 6 cl.6.1–6.6).","Cross‑references to State Acts, regulations and external authorities (Local Government Act 1995; Cemeteries Act 1986; Western Power, Main Roads) which affect interpretation and require multi‑agency liaison (see multiple preambles and cl.1.3 definitions).","High compliance burden for small operators (insurance and indemnity requirements for portable/sandwich board signs and stall licences — Advertising Devices cl.5.14(2)–(4), cl.5.20(1)–(3); Stall/Trader licences cl.29.6(11))."],"plain_english_summary":"This collection of Shire of Carnarvon local laws replaces earlier by‑laws and sets detailed rules for council meetings (standing orders), advertising signs, street trading/stalls, parking, public conduct, and cemetery management. It creates permit and licence systems, technical standards, renewal dates, fees and specified offences with monetary penalties. It affects councillors, council officers (notably the CEO and authorised persons), businesses that use signs or trade in public places, funeral directors, advertisers and all residents who use public spaces."}},"importantCases":[],"_links":{"self":"/api/acts/local-laws-relating-to-the-carnarvon-public-cemetery","history":"/api/acts/local-laws-relating-to-the-carnarvon-public-cemetery/history","analysis":"/api/acts/local-laws-relating-to-the-carnarvon-public-cemetery/analysis","conflicts":"/api/acts/local-laws-relating-to-the-carnarvon-public-cemetery/conflicts","importantCases":"/api/acts/local-laws-relating-to-the-carnarvon-public-cemetery/important-cases","documents":"/api/acts/local-laws-relating-to-the-carnarvon-public-cemetery/documents"}}