{"id":"wa-local:peppermint-grove-shire-of-parking-and-parking-facilities-local-law-2021","name":"Parking and Parking Facilities Local Law 2021","slug":"parking-and-parking-facilities-local-law-2021","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438753,"registerId":"wa-local:peppermint-grove-shire-of-parking-and-parking-facilities-local-law-2021-pdf-1775955052865","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"22","sectionType":"section","heading":"April 2021 GOVERNMENT GAZETTE, WA 1477","content":"22 April 2021 GOVERNMENT GAZETTE, WA 1477\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND\nTRADING LOCAL LAW 2021\nThis local law may be cited as the Shire of Peppermint Grove Activities in Thoroughfares and Public\nPlaces and Trading Local Law 2021.\n1.4 Definitions\napplicant means a person who applies for a permit;\nAct to perform any of the functions of an authorised person under this local law;\nbuilt-up area has the meaning given to it in the Road Traffic Code 2000;\nbulk rubbish container means a bin or container designed or used for holding a substantial\nquantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does\nnot include a bin or container used in connection with the local government’s regular\ndomestic rubbish collection service;\ncarriageway has the meaning given to it in the Road Traffic Code 2000;\nCEO means the chief executive officer of the local government;\ncommencement day means the day on which this local law comes into operation;\ncrossing means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\nfootpath has the meaning given to it in the Road Traffic Code 2000;\ngarden means any part of a thoroughfare planted, developed or treated, otherwise than as a\nlawn, with one or more plants;\nintersection has the meaning given to it in the Road Traffic Code 2000;\nkerb includes the edge of a carriageway;\nlawn means any part of a thoroughfare which is planted only with grass, but will include any\nother plant provided that it has been planted by the local government;\nliquor has the meaning given to it in section 3 of the Liquor Control Act 1988;\nlocal government property means anything except a thoroughfare—\n\n","sortOrder":0},{"sectionNumber":"1478","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1478 GOVERNMENT GAZETTE, WA 22 April 2021\nlot has the meaning given to it in the Planning and Development Act 2005;\nowner or occupier in relation to land does not include the local government;\npermissible verge treatment means any one of the 4 treatments described in clause 2.6(2), and\nincludes any reticulation pipes and sprinklers;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\nperson does not include the local government;\npremises for the purpose of the definition of public place in both this clause and clause 6.1,\nmeans a building or similar structure, but does not include a carpark or a similar place;\npublic place includes any thoroughfare or place which the public are allowed to use, whether or\nnot the thoroughfare or place is on private property, but does not include—\n(a) premises on private property from which trading is lawfully conducted under a written\nlaw; and\n(b) local government property;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nsign includes a notice, flag, mark, structure or device on which may be shown words, numbers,\nexpressions or symbols;\nthoroughfare has the meaning given to it in the Act, but does not include a private thoroughfare\nwhich is not under the management control of the local government;\ntown planning scheme means a town planning scheme of the local government made under the\nPlanning and Development Act 2005;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise; and\n(b) an animal being ridden or driven,\nbut excludes—\n(a) a wheel-chair or any device designed for use by a physically impaired person on a\nfootpath; and\n(b) a pram, a stroller or a similar device; and\nverge means that part of a thoroughfare between the carriageway and the land which abuts the\nthoroughfare, but does not include any footpath.\n1.5 Repeal\n(1) The Shire of Peppermint Grove Activities on Thoroughfares and Trading in Thoroughfares and\nPublic Place Local Law published in the Government Gazette on 18 September 2001 is repealed.\n(2) Where a policy was made or adopted by the local government under or in relation to a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement day.\n(3) The Council may resolve that notwithstanding subclause (2) specified policies continue, or are to\nbe taken to have continued, to have effect on and from the commencement day.\n1.6 Assistance animals\nThis local law is subject to any written law and any law of the Commonwealth about assistance\nanimals as defined in the Disability Discrimination Act 1992 (Cth) section 9(2).\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES","content":"PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"General","content":"Division 1—General\n2.1 General prohibitions\n(a) plant any plant on a verge not permitted under clause 2.6;\n(b) plant any tree on a verge;\n(c) damage a lawn unless—\n(i) the person is the owner or the occupier of the lot abutting that portion of the\nthoroughfare and the lawn has not been installed or planted by the local government;\nor\n(ii) the person is acting under the authority of a written law;\n(d) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or\notherwise, but not water) which may create a hazard for any person using the footpath;\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1479\n(e) unless at the direction of the local government, damage, remove or interfere with any\nsignpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a\nthoroughfare by the local government or a person acting under the authority of a written law;\n(f) play or participate in any game or sport so as to cause danger to any person or thing or\nimpede the movement of vehicles or persons on a thoroughfare; or\n(g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, skateboard,\nrollerblades or similar device.\n(2) Clause 2.1(1) does not apply to an activity being undertaken by a person who—\n(a) is an employee or contractor of the local government and is authorised or engaged to\nundertake that activity; or\n(b) is otherwise lawfully authorised to undertake that activity.\n2.2 Activities allowed with a permit—general\n(1) A person shall not, without a permit—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) subject to Division 3 of this Part, throw, place or deposit anything on a verge except for\nremoval by the local government under a bulk rubbish collection, and then only in accordance\nwith the terms and conditions and during the period of time advertised in connection with\nthat collection by the local government;\n(c) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare;\n(d) cause any obstruction to a water channel or a water course in a thoroughfare;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare;\n(f) damage a thoroughfare;\n(g) light any fire or burn anything on a thoroughfare other than in a stove or fireplace provided\nfor that purpose;\n(h) fell any tree onto a thoroughfare;\n(i) unless installing, or in order to maintain, a permissible verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n(ii) place or install anything on any part of a thoroughfare, and without limiting the\ngenerality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks,\nbricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust;\n(j) provide, erect, install or use in or on any building, structure or land abutting on a\nthoroughfare any hoist or other thing for use over the thoroughfare;\n(k) on a public place use anything or do anything so as to create a nuisance;\n(l) place or cause to be placed on a thoroughfare a bulk rubbish container; or\n(m) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n2.3 No possession and consumption of liquor on thoroughfare\n(1) A person shall not consume any liquor or have in her or his possession or under her or his control\nany liquor on a thoroughfare unless—\n(a) that is permitted under the Liquor Control Act 1988 or under another written law; or\n(b) the person is doing so in accordance with a permit.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Vehicle crossing","content":"Division 2—Vehicle crossing\n2.4 Temporary crossings\n(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the\nlot, the person responsible for the works shall obtain a permit for the construction of a temporary\ncrossing to protect the existing carriageway, kerb, drains and footpath, where—\n(a) a crossing does not exist; or\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) The person responsible for the works in subclause (1) is to be taken to be—\n(a) the person named on the building permit issued under the Building Act 2011, if one has been\nissued in relation to the works; or\n(b) the registered proprietor of the lot, if no building permit has been issued under the Building\nAct 2011 in relation to the works.\n(3) If the local government approves an application for a permit for the purpose of subclause (1), the\npermit is taken to be issued on the condition that until such time as the temporary crossing is\nremoved, the permit holder shall keep the temporary crossing in good repair and in such a condition\nso as not to create any danger or obstruction to persons using the thoroughfare.\n\n","sortOrder":4},{"sectionNumber":"1480","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1480 GOVERNMENT GAZETTE, WA 22 April 2021\n2.5 Removal of redundant crossing\n(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be\nremoved and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the\nremoval are to be reinstated to the satisfaction of the local government.\n(2) The local government may give written notice to the owner or occupier of a lot requiring her or him\nto—\n(a) remove any part of or all of a crossing which does not give access to the lot; and\n(b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may\nbe affected by the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot shall comply with\nthat notice.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Permissible Verge treatments","content":"Division 3—Permissible Verge treatments\n2.6 Permissible verge treatments\n(1) An owner or occupier of land which abuts a verge may on the verge install a permissible verge\ntreatment.\n(2) A permissible verge treatment is the planting and maintenance of a couch, buffalo, dichondra or\nlippia grass.\n2.7 Only permissible verge treatments to be installed\n(1) A person shall not install or maintain a verge treatment which is not a permissible verge\ntreatment.\n(2) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each\nto be taken to have installed and maintained that verge treatment for the purposes of this clause and\nclause 2.9.\n2.8 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permissible verge treatment shall—\n(a) keep the permissible verge treatment in a good and tidy condition and ensure, where the\nverge treatment is a lawn, that a footpath on the verge and a carriageway adjoining the verge\nis not obstructed by the verge treatment;\n(b) not place any obstruction on or around the verge treatment; and\n(c) not disturb a footpath on the verge.\n2.9 Notice to owner or occupier\nThe local government may give a notice in writing to the owner or the occupier of a lot abutting on a\nverge to make good, within the time specified in the notice, any breach of a provision of this Division.\n2.10 Transitional provision\nformer provisions means the provisions of the repealed local law which permitted certain types\nof verge treatments, whether with or without the consent of the local government.\n(2) A verge treatment which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the former provisions,\nis to be taken to be a permissible verge treatment for so long as the verge treatment remains of the\nsame type and continues to comply with the former provisions.\n2.11 Power to carry out public works on verge\nWhere the local government or an authority empowered to do so under a written law disturbs a verge,\nthe local government or the authority—\n(a) is not liable to compensate any person for that disturbance;\n(b) may backfill with sand, if necessary, any garden or lawn; and\n(c) is not liable to replace or restore any—\n(i) verge treatment and, in particular, any plant or any acceptable material or other hard\nsurface; or\n(ii) sprinklers, pipes or other reticulation equipment.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Property numbers","content":"Division 4—Property numbers\n2.12 Assignment of numbers\n(1) The local government may assign a number to a lot in the district and may assign another number\nto the lot instead of that previously assigned.\n(2) In this clause, number means a number of a lot with or without an alphabetical suffix indicating\nthe address of the lot by reference to a thoroughfare.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1481\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Fencing","content":"Division 5—Fencing\n2.13 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nA public place, as that term is defined in clause 1.4, is specified as a public place for the purpose of\nitem 4(1) of Division 1 of Schedule 3.1 of the Act.\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"Signs erected by the local government","content":"Division 6—Signs erected by the local government\n2.14 Signs\n(1) A local government may erect a sign on a public place specifying any conditions of use which apply\nto that place.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving\nnotice of the effect of a provision of this local law.\n2.15 Transitional\nWhere a sign erected on a public place has been erected under a local law of the local government\nrepealed by this local law, then on and from the commencement day, it is to be taken to be a sign\nerected under clause 2.14(1) if—\n(a) the sign specifies a condition of use relating to the public place which gives notice of the effect\nof a provision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\n","sortOrder":9},{"sectionNumber":"Div 7","sectionType":"division","heading":"Driving on a closed thoroughfare","content":"Division 7—Driving on a closed thoroughfare\n2.16 No driving on closed thoroughfare\n(1) A person shall not drive or take a vehicle on a closed thoroughfare unless—\n(a) that is in accordance with any limits or exceptions specified in the order made under\nsection 3.50 of the Act; or\n(b) the person has first obtained a permit.\nclosed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or\n3.50A of the Act.\n","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"ADVERTISING SIGNS ON THOROUGHFARES","content":"PART 3—ADVERTISING SIGNS ON THOROUGHFARES\nDivision 1—Preliminary\n3.1 Interpretation\nIn this Part, unless the context otherwise requires—\nadvertising sign means a sign used for the purpose of advertisement and includes an election\nsign;\ndirection sign means a sign which indicates the direction of another place, activity or event, but\ndoes not include any such sign erected or affixed by the local government or the\nCommissioner of Main Roads;\nelection sign means a sign or poster which advertises any aspect of a forthcoming Federal, State\nor Local Government election;\nportable direction sign means a portable free standing direction sign; and\nportable sign means a portable free standing advertising sign.\nDivision 2—Permit\n3.2 Advertising signs and portable direction signs\n(1) A person shall not, without a permit—\n(a) erect or place an advertising sign on a thoroughfare; or\n(b) post any bill or paint, place or affix any advertisement on a thoroughfare.\n(2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign\nwhich neither exceeds 500mm in height nor 0.5m2 in area, provided that the sign is placed or erected\non a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or\nevent during the hours of that activity or event.\n(3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign—\n(a) on a footpath;\n(b) over any footpath where the resulting vertical clearance between the sign and the footpath is\nless than 2.5m;\n(c) on or within 3m of a carriageway;\n(d) in any other location where, in the opinion of the local government, the sign is likely to\nobstruct lines of sight along a thoroughfare or cause danger to any person using the\nthoroughfare; or\n(e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the\nstructural approaches to a bridge.\n\n","sortOrder":11},{"sectionNumber":"1482","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1482 GOVERNMENT GAZETTE, WA 22 April 2021\n3.3 Matters to be considered in determining application for permit\nIn determining an application for a permit for the purpose of clause 3.2(1), the local government is to\nhave regard to—\n(a) any other written law regulating the erection or placement of signs within the district;\n(b) the dimensions of the sign;\n(c) other advertising signs already approved or erected in the vicinity of the proposed location of\nthe sign;\n(d) whether or not the sign will create a hazard to persons using a thoroughfare; and\n(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant.\nDivision 3—Conditions on permit\n3.4 Conditions on portable sign\nIf the local government approves an application for a permit for a portable sign, the application is to\nbe taken to be approved subject to the following conditions—\n(a) the portable sign shall—\n(i) not exceed 1m in height;\n(ii) not exceed an area of 1m2 on any side;\n(iii) relate only to the business activity described on the permit;\n(iv) contain letters not less than 200mm in height;\n(v) not be erected in any position other than immediately adjacent to the building or the\nbusiness to which the sign relates;\n(vi) be removed each day at the close of the business to which it relates and not be erected\nagain until the business next opens for trading;\n(vii) be secured in position in accordance with any requirements of the local government;\n(viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access\nto a place by any person; and\n(ix) be maintained in good condition; and\n(b) no more than one portable sign shall be erected in relation to the one building or business.\n3.5 Conditions on election sign\nIf the local government approves an application for a permit for the erection or placement of an\nelection sign on a thoroughfare, the application is to be taken to be approved subject to the sign—\n(a) being erected at least 30m from any intersection;\n(b) being free standing and not being affixed to any existing sign, post, power or light pole, or\nsimilar structure;\n(c) being placed so as not to obstruct or impede the reasonable use of a thoroughfare, or access to\na place by any person;\n(d) being placed so as not to obstruct or impede the vision of a driver of a vehicle entering or\nleaving a thoroughfare or crossing;\n(e) being maintained in good condition;\n(f) not being erected until the election to which it relates has been officially announced;\n(g) being removed within 24 hours of the close of polls on voting day;\n(h) not being placed within 100m of any works on the thoroughfare;\n(i) being securely installed;\n(j) not being an illuminated sign;\n(k) not incorporating reflective or fluorescent materials; and\n(l) not displaying only part of a message which is to be read with other separate signs in order to\nobtain the whole message.\n","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS","content":"PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\nDivision 1—Animals and vehicles\n4.1 Leaving animal or vehicle in public place or on local government property\n(1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on\nlocal government property so that it obstructs the use of any part of that public place or local\ngovernment property, unless that person has first obtained a permit or is authorised to do so under a\nwritten law.\n(2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not\nexceeding 1 hour.\n(3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding\n24 hours.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1483\n4.2 Prohibitions relating to animals\n(1) In subclause (2), owner in relation to an animal includes—\n(a) an owner of it;\n(b) a person in possession of it;\n(c) a person who has control of it; and\n(d) a person who ordinarily occupies the premises where the animal is permitted to stay.\n(2) An owner of an animal shall not—\n(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the\nthoroughfare as a thoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a\npublic place; or\n(c) train or race the animal on a thoroughfare.\n(3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare in a built-up area,\nunless that person does so under a permit or under the authority of a written law.\n(4) This clause does not apply to a person with a disability where the animal is a guide dog or\nassistance animal as defined in the Disability Discrimination Act 1992 (Cth) section 9(2).\nDivision 2—Shopping trolleys\n4.3 Interpretation\nIn this Division—\nretailer means a proprietor of a shop in respect of which shopping trolleys are provided for the\nuse of customers of the shop; and\nshopping trolley means a wheeled container or receptacle supplied by a retailer to enable a\nperson to transport goods.\n4.4 Shopping trolley to be marked\nA retailer shall clearly mark its name or its trading name on any shopping trolley made available for\nthe use of customers.\n4.5 Person not to leave trolley in public place\nA person shall not leave a shopping trolley in a public place other than in an area set aside for the\nstorage of shopping trolleys.\n4.6 Retailer to remove abandoned trolley\n(1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of\nshopping trolleys, the local government may advise (verbally or in writing) a retailer whose name is\nmarked on the trolley of the location of the shopping trolley.\n(2) A retailer shall remove a shopping trolley within 24 hours of being so advised under subclause (1),\nunless the retailer—\n(a) requests the local government to collect and deliver the shopping trolley to the retailer; and\n(b) pays any fee for that collection and delivery (imposed and determined under and in\naccordance with sections 6.16 to 6.19 of the Act) within the period specified by the local\n4.7 Retailer taken to own trolley\nIn the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer\nwhose name is marked on the trolley.\n","sortOrder":13},{"sectionNumber":"Part 5","sectionType":"part","heading":"TRADING IN THOROUGHFARES AND PUBLIC PLACES","content":"PART 5—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\n5.1 Interpretation\nIn this Part, unless the context otherwise requires—\nassistant means a person who carries out trading on behalf of the permit holder in accordance\nwith the permit issued to the permit holder;\nCompetition Principles Agreement means the Competition Principles Agreement executed by\neach State and Territory of the Commonwealth and the Commonwealth of Australia on\n11 April 1995;\npublic place includes—\n(a) any thoroughfare or place which the public are allowed to use whether or not the\nthoroughfare or place is on private property; and\n(b) local government property,\nbut does not include premises on private property from which trading is lawfully conducted\nunder a written law;\nstall means a movable or temporarily fixed structure, stand or table in, on or from which goods or\nservices are sold, hired or offered for sale or hire;\n\n","sortOrder":14},{"sectionNumber":"1484","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1484 GOVERNMENT GAZETTE, WA 22 April 2021\nstallholder means a person in charge of a stall;\nstallholder’s permit means a permit issued to a stallholder;\ntrader means a person who carries on trading;\ntrader’s permit means a permit issued to a trader; and\ntrading includes—\n(a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods\nor services in a public place;\n(b) displaying goods in any public place for the purpose of—\n(i) offering them for sale or hire;\n(ii) inviting offers for their sale or hire;\n(iii) soliciting orders for them; or\n(iv) carrying out any other transaction in relation to them; and\n(c) the going from place to place, whether or not public places, and—\n(i) offering goods or services for sale or hire; or\n(ii) inviting offers or soliciting orders for the sale or the hire of goods or services,\nbut does not include—\n(d) the delivery of pre-ordered goods of services to the purchaser of those goods or services or\nto the person nominated by the purchaser of those goods or services whether or not\npayment for those goods or services is accepted on delivery; or\nthe taking of further orders for goods or services from the purchaser of those pre-ordered\ngoods or services or from the person nominated by the purchaser of those pre-ordered\ngoods or services when those orders are taken at the same time as a previous order is\nbeing delivered, whether or not payment is made for those goods or services at the time of\ntaking the order;\n(e) the setting up of a stall or the conducting of a business at a stall under the authority of a\nstallholder’s permit;\n(f) the selling or the offering for sale of goods and services to, or the soliciting of orders for\ngoods and services from a person who sells those goods or services;\n(g) the selling or the offering for sale or hire by a person of goods of her or his own\nmanufacture or services which he or she provides; and\n(h) the selling or hiring or the offering for sale or hire of—\n(i) goods by a person who represents a manufacturer of the goods; or\n(ii) services by a person who represents a provider of the services,\nwhich are only sold directly to consumers and not through a shop.\n5.2 Stallholder’s permit\n(1) A person shall not conduct a stall on a public place unless that person is—\n(a) the holder of a valid stallholder’s permit; or\n(b) an assistant specified in a valid stallholder’s permit.\n(2) Every application for a stallholder’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants to be engaged by the applicant in conducting the\nstall, as well as their names and addresses if already engaged;\n(c) specify the proposed location of the stall;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of operation;\n(e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the\nstall; and\n(f) be accompanied by an accurate plan and description of the proposed stall.\n5.3 Trader’s permit\n(1) A person shall not carry on trading unless that person is—\n(a) the holder of a valid trader’s permit; or\n(b) an assistant specified in a valid trader’s permit.\n(2) Every application for a trader’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading,\nas well as their names and addresses if already engaged;\n(c) specify the location or locations in which the applicant proposes to trade;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of trading;\n(e) specify the proposed goods or services which will be traded; and\n(f) be accompanied by an accurate plan and description of any proposed structure or vehicle\nwhich may be used by the applicant in trading.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1485\n(3) The conditions subject to which the local government may approve an application for a trader’s\npermit include that the permit holder is permitted to remain at a particular location for as long as\nthere is a customer making a purchase, but if there is no customer making a purchase the permit\nholder must move on from that location within a reasonable time of the last purchase having been\nmade.\n5.4 No permit required to sell newspaper\nNotwithstanding any other provision of this local law, a person who sells, or offers for sale, a\nnewspaper only is not required to obtain a permit.\n5.5 Relevant considerations in determining application for permit\n(1) In determining an application for a permit for the purposes of this Division, the local government\nis to have regard to—\n(a) any relevant policies of the local government;\n(b) the desirability of the proposed activity;\n(c) the location of the proposed activity;\n(d) the principles set out in the Competition Principles Agreement; and\n(e) such other matters as the local government may consider to be relevant in the circumstances\nof the case.\n(2) The local government may refuse to approve an application for a permit under this Division on any\none or more of the following grounds—\n(a) that the applicant has committed a breach of any provision of this local law or of any written\nlaw relevant to the activity in respect of which the permit is sought; or\n(b) that—\n(i) the applicant is an undischarged bankrupt or is in liquidation;\n(ii) the applicant has entered into any composition or arrangement with creditors; or\n(iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager has been\nappointed in relation to any part of the applicant’s undertakings or property.\n5.6 Conditions of permit\n(1) If the local government approves an application for a permit under this Division subject to\nconditions, those conditions may include—\n(a) the place, the part of the district, or the thoroughfare to which the permit applies;\n(b) the days and hours during which a permit holder may conduct a stall or trade;\n(c) the number, type, form and construction, as the case may be, of any stand, table, structure or\nvehicle which may be used in conducting a stall or in trading;\n(d) the goods or services in respect of which a permit holder may conduct a stall or trade;\n(e) the number of persons and the names of persons permitted to conduct a stall or trade;\n(f) the requirement for personal attendance at the stall or the place of trading by the permit\nholder and the nomination of assistants, nominees or substitutes for the permit holder;\n(g) whether and under what terms the permit is transferable;\n(h) any prohibitions or restrictions concerning the—\n(i) causing or making of any noise or disturbance which is likely to be a nuisance to\npersons in the vicinity of the permit holder;\n(ii) the use of amplifiers, sound equipment and sound instruments;\n(iii) the use of signs; and\n(iv) the use of any lighting apparatus or device;\n(i) the manner in which the permit holder’s name and other details of a valid permit are to be\ndisplayed;\n(j) the care, maintenance and cleansing of the stall or any structure used for trading and the\nplace of the stall or any structure;\n(k) the vacating of the place of a stall or trading when the stall is not being conducted or trading\nis not being carried on;\n(l) the acquisition by the stallholder or trader of public risk insurance;\n(m) the period for which the permit is valid; and\n(n) the designation of any place or places where trading is wholly or from time to time prohibited\nby the local government.\n(2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply\nwith this local law, the local government may at the request of that permit holder authorise another\nperson to be a nominee of the permit holder for a specified period, and this local law and the\nconditions of the permit shall apply to the nominee as if he or she was the permit holder.\n5.7 Exemptions from requirement to pay fee or to obtain a permit\ncharitable organisation means an institution, association, club, society or body whether\nincorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,\n\n","sortOrder":15},{"sectionNumber":"1486","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1486 GOVERNMENT GAZETTE, WA 22 April 2021\neducational, recreational, sporting or other like nature and from which any member does not\nreceive any pecuniary profit except where the member is an employee or the profit is an\nhonorarium; and\ncommercial participant means any person who is involved in operating a stall or in conducting\nany trading activity for personal gain or profit.\n(2) The local government may waive any fee required to be paid by an applicant for a stallholder’s\npermit or a trader’s permit on making an application for or on the issue of a permit, or may return\nany such fee which has been paid, if the stall is conducted or the trading is carried on—\n(a) on a portion of a public place adjoining the normal place of business of the applicant; or\n(b) by a charitable organisation that does not sublet space to, or involve commercial participants\nin the conduct of a stall or trading, and any assistants that may be specified in the permit are\nmembers of that charitable organisation.\n(3) The local government may exempt a person or a class of persons, whether or not in relation to a\nspecified public place, from the requirements of this Division.\n5.8 Conduct of stallholders and traders\n(1) A stallholder while conducting a stall or a trader while trading shall—\n(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary\nstructure or if there is no stall, vehicle or temporary structure, carry the permit with her or\nhim while conducting a stall or trading;\n(b) not display a permit unless it is a valid permit; and\n(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in\naccordance with the provisions of the National Measurement Act 1960 (Cth).\n(2) A stallholder or trader shall not—\n(a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to\nobstruct the movement of pedestrians or vehicles;\n(b) act in an offensive manner;\n(c) use or cause to be used any apparatus or device including any flap or shelf, whereby the\ndimensions of a stall, vehicle or structure are increased beyond those specified in the permit.\nDivision 2—Street entertainers\n5.9 Interpretation\nIn this Division, unless the context otherwise requires—\nperform includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic\ndisplay or entertain, but does not include public speaking;\npermit means a permit issued for the purpose of clause 5.10;\npermitted area means the area or areas, specified in a permit, in which the permit holder may\nperform; and\npermitted time means the time or times, specified in a permit, during which the permit holder\nmay perform.\n5.10 Permit required to perform\nA person shall not perform in a public place without a permit.\n5.11 Variation of permitted area and permitted time\n(1) The local government may by notice in writing to a permit holder vary—\n(a) the permitted area;\n(b) the permitted time; or\n(c) both the permitted area and the permitted time,\nshown on a permit.\n(2) The local government may direct a permit holder to move from one permitted area to another\npermitted area, if more than one area is specified in a permit.\n5.12 Duration of permit\nA permit is valid for a period of 3 months after the date on which it is issued unless it is sooner\ncancelled under this local law.\n5.13 Cancellation of permit\nThe CEO may cancel a permit if in her or his opinion the volume of sound caused by the permit holder\nin connection with the performance adversely affects the enjoyment, convenience or comfort of other\npersons in a public place, or if, in her or his opinion, or in the opinion of an authorised person, the\nperformance otherwise constitutes a nuisance.\n5.14 Obligations of permit holder\nA permit holder shall not in a public place—\n(a) perform wearing dirty, torn or ragged clothing;\n(b) act in an offensive manner; or\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1487\n(c) place, install, erect, play or use any musical instrument or any device which emits music,\nincluding a loud speaker or an amplifier—\n(i) other than in the permitted area; and\n(ii) unless the musical instrument or device is specified in the permit.\nDivision 3—Outdoor eating facilities on public places\n5.15 Interpretation\nIn this Division—\nFacility means an outdoor eating facility or establishment on any part of a public place in which\nfurniture is provided for the purpose of the supply of food or drink to the public or the\nconsumption of food or drink by the public, but does not include such a facility or\nestablishment on private land;\nFood Act means the Food Act 2008;\nfood business has the meaning given to it in section 10 of the Food Act 2008;\nfurniture means chairs, tables, waiters’ stations, planter boxes, umbrellas, screens, barriers,\nawnings and any other similar structure or equipment; licensed premises has the meaning\ngiven to it in section 3(1) of the Liquor Control Act 1988; and\npermit holder means the person to whom a permit has been issued for the purpose of\nclause 5.16.\n5.16 Permit required to conduct Facility\nA person shall not establish or conduct a Facility without a permit.\n5.17 Matters to be considered in determining application\nIn determining an application for a permit for the purpose of clause 5.16, the local government may\nconsider in addition to any other matter it considers relevant, whether or not—\n(a) the Facility is conducted in conjunction with and as an extension of a food business which\nabut on the Facility, and whether the applicant is the person conducting such food business;\n(b) any abutting food business is registered in accordance with the Food Act and whether the use\nof the business is permitted under the town planning scheme;\n(c) the Facility will comply with any other local law made by the local government under the Act;\n(d) users of the Facility will have access to proper and sufficient sanitary and ablutionary\nconveniences as per the Building Code of Australia;\n(e) the Facility would—\n(i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any\nperson; or\n(ii) impede pedestrian access; and\n(f) the tables, chairs and other equipment to be used may obstruct or impede the use of the\npublic place for the purpose for which it was designed.\n5.18 Obligations of permit holder\n(1) The permit holder for a Facility shall—\n(a) ensure that the Facility is conducted at all times in accordance with the provisions of this\nlocal law;\n(b) ensure that the eating area is kept in a clean and tidy condition at all times; and\n(c) maintain the chairs, tables and other structures in the eating area in a good, clean and\nserviceable condition at all times.\n(2) Whenever, in the opinion of the local government, any work is required to be carried out to a\nFacility, the local government may give a notice to the permit holder for the Facility to carry out that\nwork within the time limited by the notice.\n(3) In subclause (2), work includes the removal, alteration, repair, reinstatement or reconstruction of\nany part of a public place arising from or in connection with the setting up or conduct of a Facility.\n5.19 Removal of Facility unlawfully conducted\nWhere a Facility is conducted without a permit, or in contravention of a condition of a permit, any\ntables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded\nin accordance with the Act.\n5.20 Use of Facility by public\n(1) A person shall not occupy a chair or otherwise use the equipment in a Facility the subject of a\npermit unless the person uses them for the purpose of consuming food or drinks provided by the\nFacility.\n(2) A person shall leave a Facility when requested to do so by the permit holder.\n5.21 Temporary removal of Facility may be requested\n(1) The permit holder for a Facility is to temporarily remove the Facility when requested to do so on\nreasonable grounds by an authorised person or a member of the Police Service or an emergency\nservice.\n\n","sortOrder":16},{"sectionNumber":"1488","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1488 GOVERNMENT GAZETTE, WA 22 April 2021\n(2) The permit holder may replace the Facility removed under subclause (1) as soon as the person who\ndirected her or him to remove it allows it to be replaced.\n","sortOrder":17},{"sectionNumber":"Part 6","sectionType":"part","heading":"PERMITS","content":"PART 6—PERMITS\nDivision 1—Applying for a permit\n6.1 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(b) be signed by the applicant;\nrelated to an application before determining an application for a permit.\n(4) The local government may require an applicant to give local public notice of the application for a\npermit.\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n6.2 Decision on application for permit\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant a permit\nin the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\n(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which\nare to be taken to be imposed on a permit, the clause does not limit the power of the local government\nto impose other conditions on the permit under subclause (1)(a).\n(5) Where a clause of this local law refers to the grounds on which an application for a permit may be\nor is to be refused, the clause does not limit the power of the local government to refuse the\napplication for a permit on other grounds under subclause (1)(b).\nDivision 2—Conditions\n6.3 Conditions which may be imposed on a permit\nThe local government may approve an application for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit;\n(c) the commencement of the permit being contingent on the happening of an event;\n(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(e) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(f) the area of the district to which the permit applies;\n(g) where a permit is issued for an activity which will or may cause damage to a public place, the\npayment of a deposit or bond against such damage;\n(h) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government; and\n(i) the provision of an indemnity from the permit holder indemnifying the local government in\nrespect of any injury to any person or any damage to any property which may occur in\nconnection with the use of the public place by the permit holder.\n6.4 Imposing conditions under a policy\npolicy means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 6.2(1)(a).\n(2) Under clause 6.2(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government is to give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 6.2(2).\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1489\n(4) An application for a permit is to be taken not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken\nto be information within section 5.94(u)(i) of the Act.\n6.5 Compliance with and variation of conditions\n(1) Where an application for a permit has been approved subject to conditions, or where a permit is to\nbe taken to be subject to conditions under this local law, the permit holder shall comply with each of\nthose conditions.\n(2) The local government may vary the conditions of a permit by written notice and the variation will\nbe effective from the point the written notice is issued to the permit holder, and the permit holder\nshall comply with those conditions as varied.\nDivision 3—General\n6.6 Duration of permit\nA permit is valid for one year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the permit; or\n(b) cancelled under clause 6.11.\n6.7 Permits for outdoor facilities\nNotwithstanding clause 6.6, a facility permit issued for the purposes of clause 5.16 will be valid from\nthe date of issue until 30 June.\n6.8 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of—\n(a) this Part; and\n(b) any other provision of this local law relevant to the permit which is to be renewed,\nshall apply to an application for the renewal of a permit with all the necessary changes as required.\n6.9 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(2) The local government may approve an application for the transfer of a permit, refuse to approve it\nor approve it subject to any conditions.\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by—\n(a) an endorsement on the permit signed by the CEO; or\n(b) issuing to the transferee a permit in the form determined by the local government.\n(4) Where the local government approves an application for the transfer of a permit, it is not required\nto refund any part of any fee paid by the former permit holder.\n6.10 Production of permit\nA permit holder is to produce to an authorised person her or his permit immediately upon being\nrequired to do so by that authorised person.\n6.11 Cancellation of permit\n(1) Subject to clause 7.1, a permit may be cancelled by the local government if the permit holder has\nnot complied with a—\n(a) condition of the permit; or\n(b) provision of any written law which may relate to the activity regulated by the permit.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the local government; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\n","sortOrder":18},{"sectionNumber":"Part 7","sectionType":"part","heading":"OBJECTIONS AND APPEALS","content":"PART 7—OBJECTIONS AND APPEALS\n7.1 Application of Part 9 Division 1 of Act\nWhen the local government makes a decision—\n(a) under clause 6.2(1); or\n\n","sortOrder":19},{"sectionNumber":"1490","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1490 GOVERNMENT GAZETTE, WA 22 April 2021\n(b) as to whether it will renew, transfer, vary, or cancel a permit,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that\ndecision.\n","sortOrder":20},{"sectionNumber":"Part 8","sectionType":"part","heading":"MISCELLANEOUS NOTICES","content":"PART 8—MISCELLANEOUS NOTICES\n8.1 Notice to redirect or repair sprinkler\nWhere a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a\nmanner which causes or may cause an inconvenience or obstruction to any person using a\nthoroughfare, the local government may give a notice to the owner or the occupier of the land abutting\non the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of\nthe sprinkler or other watering equipment.\n8.2 Hazardous plants\n(1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the\nlocal government may give a notice to the owner or the occupier of the land abutting on the garden to\nremove, cut, move or otherwise deal with that plant so as to remove the hazard.\n(2) Subclause (1) does not apply where the plant was planted by the local government.\n8.3 Notice to repair damage to thoroughfare\nWhere any portion of a thoroughfare has been damaged, the local government may by notice to the\nperson who caused the damage order the person to repair or replace that portion of the thoroughfare\nto the satisfaction of the local government.\n8.4 Notice to remove thing unlawfully placed on thoroughfare\nWhere anything is placed on a thoroughfare in contravention of this local law, the local government\nmay by notice in writing to the owner or the occupier of the property which abuts on that portion of\nthe thoroughfare where the thing has been placed, or such other person who may be responsible for\nthe thing being so placed, require the relevant person to remove the thing.\n","sortOrder":21},{"sectionNumber":"Part 9","sectionType":"part","heading":"ENFORCEMENT","content":"PART 9—ENFORCEMENT\nDivision 1—Notices given under this local law\n9.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do anything,\nif the person fails to comply with the notice, the person commits an offence.\n9.2 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 9.1, the local government may do\nthe thing specified in the notice and recover from that person, as a debt, the costs incurred in so\ndoing.\nDivision 2—Offences and penalties\n9.3 Offences\n9.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\n(2) The number of modified penalty units for the prescribed offence is the number specified adjacent\nto the clause in Schedule 1.\n9.5 Form of notices\nUnless otherwise specified, for the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\n","sortOrder":22},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"of the Regulations; and","content":"Schedule 1 of the Regulations; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Regulations.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1491\nSCHEDULE 1—PRESCRIBED OFFENCES\n(clause 9.4)\nItem\nNo. Clause Nature of Offence\n(Unit)\n1 2.1(1)(a) Plant any non-permitted plant on a verge 15\n2 2.1(1)(b) Plant any tree on a verge 15\n3 2.1(1)(c) Damaging a lawn 15\n4 2.1(1)(d) Placing hazardous substance on footpath 15\n5 2.1(1)(e) Damaging or interfering with signpost or structure on\nthoroughfare\n6 2.1(1)(f) Playing games so as to impede vehicles or persons on\nthoroughfare\n7 2.1(1)(g) Riding of skateboard or similar device on mall or verandah of\nshopping centre\n8 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 15\n9 2.2(1)(b) Throwing or placing anything on a verge without a permit 15\n10 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without\na permit\n11 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a\n12 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a\n13 2.2(1)(f) Damage a thoroughfare 30\n14 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 35\n15 2.2(1)(h) Felling tree onto thoroughfare without a permit 15\n16 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 15\n17 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over\na thoroughfare without a permit\n18 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 15\n19 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a\n20 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 15\n21 2.3(1) Consumption or possession of liquor on thoroughfare 15\n22 2.4(1) Failure to obtain permit for temporary crossing 25\n23 2.5(2) Failure to comply with notice to remove crossing and reinstate\nkerb\n24 2.7(1) Installation of verge treatment other than permissible verge\ntreatment\n25 2.8 Failure to maintain permissible verge treatment or placement of\nobstruction on verge\n26 2.9 Failure to comply with notice to rectify a verge treatment 15\n27 2.14(2) Failure to comply with sign on public place 15\n28 2.16(1) Driving or taking a vehicle on a closed thoroughfare 35\n29 3.2(1) Placing advertising sign or affixing any advertisement on a\nthoroughfare without a permit\n30 3.2(3) Erecting or placing of advertising sign in a prohibited area 15\n31 4.1(1) Animal or vehicle obstructing a public place or local government\nproperty\n32 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 15\n33 4.2(2)(b) Animal on public place with infectious disease 15\n34 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 15\n35 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 15\n36 4.5 Person leaving shopping trolley in public place other than trolley\nbay\n37 4.6(2) Failure to remove shopping trolley upon being advised of location 15\n38 5.2(1) Conducting of stall in public place without a permit 35\n39 5.3(1) Trading without a permit 35\n40 5.8(1)(a) Failure of stallholder or trader to display or carry permit 15\n41 5.8(1)(b) Stallholder or trader not displaying valid permit 15\n\n","sortOrder":23},{"sectionNumber":"1492","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1492 GOVERNMENT GAZETTE, WA 22 April 2021\nItem\nNo. Clause Nature of Offence\n(Unit)\n42 5.8(1)(c) Stallholder or trader not carrying certified scales when selling\ngoods by weight\n43 5.8(2) Stallholder or trader engaged in prohibited conduct 15\n44 5.10 Performing in a public place without a permit 15\n45 5.11(2) Failure of performer to move onto another area when directed 15\n46 5.14 Failure of performer to comply with obligations 15\n47 5.16 Establishment or conduct of outdoor eating facility without a\n48 5.18 Failure of permit holder of outdoor eating facility to comply with\nobligations\n49 5.20(1) Use of equipment of outdoor eating facility without purchase of\nfood or drink from facility\n50 5.20(2) Failure to leave outdoor eating facility when requested to do so by\npermit holder\n51 6.5 Failure to comply with a condition of a permit 15\n52 6.10 Failure to produce permit on request of authorised person 15\n53 9.1 Failure to comply with notice given under local law 15\n————\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1493\nCAT ACT 2011\nCATS LOCAL LAW 2021\nUnder the powers conferred by the Cat Act 2011, the Local Government Act 1995 and by all other\npowers enabling it, the Council of the Shire of Peppermint Grove resolved on 23 February 2021 to\nmake the following local law.\nThis local law may be cited as the Shire of Peppermint Grove Cats Local Law 2021.\n1.4 Definitions\nAct means the Cat Act 2011;\napplicant means the occupier of the premises who makes an application for a permit under this\nlocal law;\nauthorised person means a person authorised by the local government to perform the functions\nconferred on an authorised person under this local law;\ncat has the meaning given to it in the Act;\ncat management facility has the meaning given to it in the Act;\ncattery means any premises where more than 3 cats are kept, bred, boarded, housed or trained\ntemporarily, whether for profit or otherwise, and where the occupier of the premises is not the\nordinary owner of the cats;\neffective control in relation to a cat means any of the following methods–\n(a) held by a person who is capable of controlling the cat;\n(b) securely tethered;\n(c) secured in a cage; or\n(d) any other means of preventing escape;\ngrouped dwelling (commonly referred to as a duplex, villa or townhouse) means a dwelling that\nis one of a group of two or more dwellings on the same lot such that no dwelling is placed\nwholly or partly vertically above the other, except where special conditions of landscape or\ntopography dictate otherwise, and includes a dwelling on a survey strata with common\nmultiple dwelling (often called flats, apartments or units) means a dwelling in a group of more\nthan one dwelling on a lot where any part of a dwelling is vertically above part of any other\nbut—\n(a) does not include a grouped dwelling; and\n(b) includes any dwellings above the ground floor in a mixed use development;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n\n","sortOrder":24},{"sectionNumber":"1494","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1494 GOVERNMENT GAZETTE, WA 22 April 2021\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\nowner has the meaning given to it in the Act;\npenalty unit has the meaning given in the Shire of Peppermint Grove Penalty Units Local Law\n2021;\npermit means a permit issued by the local government under Part 3;\npermit holder means a person who holds a valid permit under Part 3;\npremises has the meaning given to it in the Act;\nRSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western\nAustralia;\nSchedule means a schedule to this local law;\nScheme means a planning scheme of the local government made by it under the Planning and\nDevelopment Act 2005; and\nVeterinarian has the meaning given to it in the Act.\nPART 2—CAT CONTROL\n2.1 Cat not to be a nuisance\n(1) An owner shall not allow a cat to be or create a nuisance.\n(2) Where in the opinion of an authorised person, or where the local government receives signed\ncomplaints in the form of Schedule 2 from two or more persons each of whom occupy different\npremises that a cat is creating a nuisance, the local government may give written notice to the owner\nof the cat requiring that person to abate the nuisance.\n(3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in\nforce for the period specified by the local government in the notice which period shall not exceed\n28 days.\n(4) A person given a notice to abate the nuisance shall comply with the notice within the period\nspecified in the notice.\nPART 3—PERMITS FOR KEEPING CATS\n3.1 Interpretation\nIn this Part, and for the purposes of applying the definition of ‘cattery’, cat does not include a cat less\nthan 6 months old.\n3.2 Cats for which a permit is required\n(1) Subject to subclause (2) a person is required to have a permit to—\n(a) keep more than 3 cats on any premises; or\n(b) use any premises as a cattery or cat management facility.\n(2) A permit is not required under subclause (1) if the premises concerned are—\n(a) a refuge of the RSPCA or any other body prescribed in regulation 4 of the Cat\nRegulations 2012;\n(b) a cat management facility which has been approved by the local government;\n(c) a veterinary surgery; or\n(d) a pet shop.\n3.3 Application for permit\nAn application for a permit under clause 3.2 shall be—\n(a) made in writing by an occupier of the premises in relation to those premises;\n(b) in a form approved by the local government, describing and specifying the number of cats to\nbe kept on the premises;\n(c) accompanied by a brief reason and justification for the request;\n(d) accompanied by the plans of the premises to which the application relates in the form\ndetermined by the local government from time to time;\n(e) accompanied by the consent in writing of the owner of the premises where the occupier is not\nthe owner of the premises to which the application relates; and\n(f) accompanied by the application fee for the permit determined by the local government from\ntime to time.\n3.4 Refusal to determine application\nThe local government may refuse to determine an application for a permit if it is not made in\naccordance with clause 3.3.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1495\n3.5 Factors relevant to the determination of application\n(1) In determining an application for a permit the local government may have regard to—\n(a) the reasons and justification provided for the request;\n(b) the physical suitability of the premises for the proposed use;\n(c) the suitability of the zoning of the premises under any Scheme which applies to the premises\nfor the proposed use;\n(d) the environmental sensitivity and general nature of the location surrounding the premises for\nthe proposed use;\n(e) the structural suitability of any enclosure in which any cat is to be kept;\n(f) the likelihood of a cat causing nuisance, inconvenience, or annoyance to the occupiers of\nadjoining land;\n(g) the likely effect on the amenity of the surrounding area of the proposed use;\n(h) the likely effect on the local environment including any pollution or other environmental\ndamage, which may be caused by the use;\n(i) any submissions received under subclause (2) within the time specified in subclause (2); and\n(j) such other factors which the local government may consider to be relevant in the\ncircumstances of the particular case.\n(2) The local government may require an applicant to—\n(a) consult with nearby landowners; or\n(b) advise nearby landowners that they may make submissions to the local government on the\napplication for a permit within 14 days of receiving that advice,\nbefore determining the application for the permit.\n(3) The local government may specify the extent of consultation with nearby residents, as specified in\nsubclause 3.5(2)(a) and may specify which properties should be consulted.\n3.6 Decision on application\n(a) approve an application for a permit as it was submitted, in which case it shall approve it\nsubject to the conditions in clause 3.7 and may approve it subject to any other conditions it\nsees fit;\n(b) approve an application but specify an alternative number of cats permitted to be housed at\nthe address; or\n(c) refuse to approve an application for a permit.\n(2) If the local government approves an application under subclause (1), then it shall issue a permit to\nthe applicant in the form determined by the CEO.\n(3) If the local government refuses to approve an application under subclause (1) then it shall advise\nthe applicant accordingly in writing.\n3.7 Conditions\n(1) Every permit is issued subject to the following conditions—\n(a) each cat kept on the premises to which the permit relates shall comply with the requirements\nof the Act;\n(b) each cat shall be contained on the premises unless under the effective control of a person;\n(c) the permit holder will provide adequate space for the exercise of the cats;\n(d) the premises shall be maintained in good order and in a clean and sanitary condition; and\n(e) those conditions contained in Schedule 1.\n(2) In addition to the conditions in subclause (1) of this clause, a permit may be issued subject to other\nconditions, as the local government considers appropriate.\n3.8 Compliance with conditions of permit\nA permit holder shall comply with each condition of a permit.\n3.9 Duration of a permit\nUnless otherwise specified in a condition on a permit, a permit commences on the date of issue and\nexpires—\n(a) if it is revoked; or\n(b) if the permit holder ceases to reside at the premises to which the permit relates.\n3.10 Revocation\nThe local government may revoke a permit if the permit holder fails to observe any provision of this\nlocal law or a condition of a permit.\n3.11 Permit not transferable\nA permit is not transferrable either in relation to the permit holder or the premises.\n\n","sortOrder":25},{"sectionNumber":"1496","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1496 GOVERNMENT GAZETTE, WA 22 April 2021\n3.12 Permit to be kept at premises and available for view\n(1) A permit issued by the local government shall be kept at the premises to which it applies and shall\nbe provided to an authorised person on demand.\n(2) In the case of a registered cattery or cat management facility, the permit shall be displayed in a\nprominent place within the premises.\nPART 4—MISCELLANEOUS\n4.1 Giving of an infringement notice\nA notice given under this local law may be given to a person—\n(a) personally;\n(b) by postal mail addressed to the person; or\n(c) by leaving it for the person at her or his address.\nPART 5—OBJECTIONS AND APPEALS\n5.1 Objections and appeal rights\nAny person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a\npermit, or by the refusal of the local government to grant a permit may object or appeal against the\ndecision under Division 1 of Part 9 of the Local Government Act 1995.\nPART 6—OFFENCES AND PENALTIES\n6.1 Offences\n(2) Unless otherwise specified, any person who commits an offence under this local law is liable on\nconviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to a further\npenalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence\nhas continued.\n6.2 Prescribed offences\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of section\n62(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence shall be 20 penalty units.\n6.3 Forms\n(1) The issue of infringement notices, their withdrawal and the payment of modified penalties are\ndealt with in Division 4 of Part 4 of the Act.\n(2) An infringement notice in respect of an offence against this local law may be given under section\n62 of the Act and is to be in the form of Form 6 in Schedule 1 of the Cat Regulations 2012.\n(3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of\nForm 7 in Schedule 1 of the Cat Regulations 2012.\n————\nSCHEDULE 1—ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS\n[Clause 3.7]\nA. Permit to keep more than 3 cats\nAdditional conditions—\n(1) In the case of a grouped dwelling where there is no suitable dividing fence or multiple\ndwellings on the same level, the written consent to the application for a permit of the occupier\nof the adjoining dwellings has been obtained.\n(2) Without the consent of the local government, the permit holder will not substitute or replace\nany cat that is the subject of a permit once that cat—\n(a) dies; or\n(b) is permanently removed from the premises.\nB. Permit to use premises as a Cattery or Cat Management Facility\nAdditional conditions—\n(1) All building enclosures must be structurally sound, have impervious flooring, be well lit and\nventilated and otherwise comply with all legislative requirements.\n(2) There is to be a feed room, wash area, isolation cages and maternity section.\n(3) Materials used in structures are to be approved by the local government.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1497\n(4) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices and\nother defects.\n(5) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to\ncorrosion and constructed to prevent the harbourage of vermin.\n(6) Washing basins with a minimum of running cold water are to be available to the satisfaction\nof the local government.\n(7) The maximum number of cats to be kept on the premises stated on the permit is not to be\nexceeded.\n(8) A register is to be kept recording in respect of each cat the—\n(a) date of admission;\n(b) date of departure;\n(c) breed, age, colour and sex; and\n(d) name and residential address of the owner.\n(9) The register is to be made available for inspection on the request of an authorised person.\n(10) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to\nminimise the risk of disease.\n(11) Any sick or ailing cat is to be removed from the premises or transferred to an isolation cage\nseparated from other cats kept on the premises.\n(12) Any other matter which in the opinion of the local government is deemed necessary for the\nhealth and wellbeing of any cat, or person, or adjoining premises or the amenity of the area\n(or any part thereof).\n————\n","sortOrder":26},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"SCHEDULE 2\n[Clause 2.1]\nShire of Peppermint Grove Cats Local Law 2021\nNuisance Form\nTAKE NOTICE THAT a cat, believed to be a (1)\nhas created a nuisance by (2)\nthe cat is believed to belong to (3)\nand is kept at (4)\nand I (5)\nof\nrequest the Shire of Peppermint Grove to institute proceedings, if the nuisance does not stop, and\nundertake—\n(a) to give full information to the Shire of Peppermint Grove as to this matter; and\n(b) to appear in Court and give evidence as a witness to the truth of this complaint.\nDated this _____________________ day of ____________________ 20 ____\n………………………………………………….\n(to be signed by complainant)\n(1) Insert breed or kind of cat and, where possible, its sex and identifying marks.\n(2) Describe details of the alleged nuisance, including the kind of nuisance and, where possible, the\ndates and time on or between which the nuisance occurred, and where the cat was at the time\nof the nuisance.\n(3) State name and address of the person believed to be the owner.\n(4) State, if known, where the cat is usually kept.\n(5) Insert name and address of complainant.\n————\nShire in the presence of—\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1499\nDOG ACT 1976\nDOGS LOCAL LAW 2021\nUnder the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other\npowers enabling it, the Council of the Shire of Peppermint Grove resolved on 23 February 2021 to\nmake the following local law.\nThis local law may be cited as the Shire of Peppermint Grove Dogs Local Law 2021.\n1.4 Repeal\nThe Shire of Peppermint Grove Dogs Local Law published in the Government Gazette on 18 September\n2001 is repealed.\n1.5 Interpretation\nAct means the Dog Act 1976;\nassistance animal means an animal referred to in section 9 (Disability discrimination—guide\ndogs, hearing assistance dogs and trained animals) of the Disability Discrimination Act 1992\n(Cth);\nauthorised person means a person appointed by the local government to perform all or any of\nthe functions conferred on an authorised person under this local law;\ndangerous dog has the meaning given to it in the Act;\ndog has the meaning given to it in the Act;\npound keeper means a person authorised by the local government to perform all or any of the\nfunctions conferred on a “pound keeper” under this local law;\npublic place has the meaning given to it in the Act;\nRegulations means the Dog Regulations 2013;\nSchedule means a schedule in this local law; and\nthoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995.\nPART 2—IMPOUNDING OF DOGS\n2.1 Charges and costs\n(1) The following are to be imposed and determined by the local government under sections 6.16 to\n6.19 of the Local Government Act 1995—\n(a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding\nof a dog;\n(b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or\non a day other than those determined under clause 2.2; and\n(c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act.\n\n","sortOrder":27},{"sectionNumber":"1500","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1500 GOVERNMENT GAZETTE, WA 22 April 2021\n(2) The payment of fees in respect to the seizure, care, detention or destruction of a dog shall not\nrelieve the owner of liability to a penalty under the Act, Regulations or this local law.\n2.2 Attendance of pound keeper at pound\nThe pound keeper is to be in attendance at the pound for the release of dogs at the times and on the\ndays of the week as are determined by the CEO.\n2.3 Release of impounded dog\nA claim for the release of a dog seized and impounded is to be made to the pound keeper or in the\nabsence of the pound keeper, to the CEO or authorised person.\nPART 3—KEEPING OF DOGS\n3.1 Dogs to be confined\n(1) In this Part—\nfence means any boundary structure, wall, door, gate, window, or physical barrier used to confine\nthe dog within the premises where the dog is being kept, and may also include an electronic\nboundary fence and collar system that is—\n(a) installed as per the manufacturers recommendations;\n(b) the dog is trained in wearing the collar as per the manufacturers recommendations;\n(c) the fence and wire is properly maintained; and\n(d) the collar and unit is operating and working correctly.\n(2) An occupier of premises on which a dog is kept must—\n(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of\nconfining the dog;\n(b) ensure that every gate or door in the fence is kept closed at all times when the dog is on the\npremises (unless the gate is temporarily opened in a manner that ensures the dog remains\nconfined) and is fitted with a proper latch or other means of fastening it;\n(c) ensure the dog cannot be removed or released from the premises without the permission of\nthe occupier of the property;\n(d) maintain the fence and all gates and doors in the fence in good order and condition; and\n(e) where no part of the premises consists of open space, yard or garden or there is no open space\nor garden or yard of which the occupier has exclusive use or occupation, ensure that other\nmeans exist on the premises (other than the tethering of the dog) for effectively confining the\ndog within the premises.\n(3) Notwithstanding subclauses (1) and (2), the confinement of dangerous dogs is dealt with in the Act\nand Regulations.\n3.2 Limitation on the number of dogs\n(1) The owner or occupier of any premises within the district shall not keep, permit or suffer to\nremain thereon more than two dogs over the age of three months.\n(2) A person wishing to keep more than two dogs but not more than six dogs on any premises may\nseek, upon application to Council, exemption for those provisions under section 26(3) of the Act.\n3.3 Offence to excrete\n(1) A dog must not excrete on—\n(a) any thoroughfare or other public place; or\n(b) any land which is not a public place without the consent of the occupier.\n(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the\ncontrol of the dog at that time commits an offence.\n(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any\nexcreta is removed immediately by that person.\nPART 4—ENFORCEMENT\n4.1 Interpretation\nIn this Part—\ninfringement notice means the notice referred to in clause 4.4;\nnotice of withdrawal means the notice referred to in clause 4.7(1); and\nLaw 2021.\n4.2 Offences and general penalty\n(2) Unless otherwise specified, any person who commits an offence under this local law is liable on\nconviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to a further\npenalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence\nhas continued.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1501\n4.3 Modified penalties\n(1) An offence against a clause specified in Schedule 1 is an offence in relation to which a modified\npenalty may be imposed.\n(2) The amount appearing in the third column of Schedule 1 directly opposite an offence is the\nmodified penalty payable in respect of that offence.\nthe modified penalty is the number of dollars obtained by multiplying the value of the penalty units.\n4.4 Issue of infringement notice\n(1) Where an authorised person has reason to believe that a person has committed an offence in\nrespect of which a modified penalty may be imposed, the authorised person may serve on the alleged\noffender a notice in the form of Form 8 in Schedule 1 of the Regulations informing the alleged\noffender that, if he or she does not wish to be prosecuted in court for the alleged offence, he or she\nmay pay to the local government within the time specified in the notice, the amount prescribed as the\nmodified penalty.\n(2) An infringement notice may be served on an alleged offender personally, or by leaving it at or\nposting it to her or his address as ascertained from the alleged offender, at the time of or immediately\nfollowing the occurrence giving rise to the allegation of the offence, or as recorded by the local\ngovernment under the Act.\n4.5 Failure to pay modified penalty\nWhere a person who has received an infringement notice fails to pay the modified penalty within the\ntime specified in the notice, or within such further time as may in any particular case be allowed by\nthe CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified\npenalty.\n4.6 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or\nwithin such further time as may in any particular case be allowed by the CEO, send or deliver to the\nlocal government the amount of the penalty, with or without a reply as to the circumstances giving\nrise to the offence, and the local government may appropriate that amount in satisfaction of the\npenalty and issue an acknowledgment.\n4.7 Withdrawal of infringement notice\n(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice in the form of Form 9 of Schedule 1 of the Regulations.\n(2) A person authorised to issue an infringement notice under clause 4.4 cannot sign or send a notice\nof withdrawal.\n4.8 Service\nAn infringement notice or a notice of withdrawal may be served on a person personally, or by leaving\nit at or posting it to her or his address as ascertained from her or him, or as recorded by the local\ngovernment under the Act, or as ascertained from inquiries made by the local government.\n————\nSCHEDULE 1—OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES\n(clause 4.3)\nOffence Nature of offence\npenalty\nunits\n3.1 Failing to provide means for effectively confining a dog 20\n3.3(2) Failing to remove dog excreta from a public place 20\n————\nCouncil in the presence of:\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1503\nFENCING LOCAL LAW 2021\nit, the Shire of Peppermint Grove resolved on 23 February 2021 to make the following local law.\nThis local law may be cited as the Shire of Peppermint Grove Fencing Local Law 2021.\n1.4 Repeal\nThe Shire of Peppermint Grove Local Laws Relating to Fencing published in the Government Gazette\non 18 September 2001 is repealed.\n1.5 Definitions\nIn this local law—\nAct means the Dividing Fences Act 1961;\napplicant means a person who makes an application for approval under this local law;\nAS or AS/NZS means an Australian or Australian/New Zealand Standard as published by\nStandards Australia and as amended from time to time;\nLocal Government Act 1995 to carry out functions with respect to this local law;\nbarbed wire means a wire or strand of wires having small pieces of sharply pointed wire twisted\naround it at short intervals;\nBuilding Code has the meaning given in regulation 3 of the Building Regulations 2012;\nBuilding Surveyor means a Building Surveyor acting on behalf of the local government;\nCommercial Lot means a lot where a commercial use—\n(a) is or may be permitted under the local planning scheme; and\n(b) is or will be the predominant use of the lot;\ndangerous in relation to any fence means—\n(a) an electrified fence other than a fence approved by the local government under this local\nlaw;\n(b) a fence containing barbed wire other than a fence erected and maintained in accordance\nwith this local law;\n(c) a fence containing exposed broken glass, asbestos fibre, razor wire or any other\npotentially harmful projection or material; or\n(d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from\nany cause; or\n(e) any fence or associated fixture which in the opinion of the Chief Executive Officer may\ninjure or damage person, animal or property which may come into contact with the fence.\ndividing fence has the meaning given to it by the Act;\nelectrified fence means a fence carrying or designed to carry an electric charge;\n\n","sortOrder":28},{"sectionNumber":"1504","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1504 GOVERNMENT GAZETTE, WA 22 April 2021\nfence means any structure, not including a retaining wall, used or functioning as a barrier,\nirrespective of where it is located and includes any gate;\nfront boundary means the boundary line between a lot and the thoroughfare upon which that\nlot abuts, or in the case of a lot abutting on more than one thoroughfare, the boundary line\nbetween the lot and the primary thoroughfare;\nfront fence means a fence erected on the front boundary of a lot or on a line adjacent to the front\nboundary;\nfront setback area means the area between the building line of a lot and the street boundary of\nthat lot;\nheight in relation to a fence means the vertical distance between—\n(a) the top of the fence at any point; and\n(b) the ground level or, where the ground levels on each side of the fence are not the same,\nthe higher ground level, immediately below that point;\nlocal government property means land or buildings—\n(c) which is an “otherwise unvested facility” under section 3.53 of the Local Government\nAct 1995;\nlocal planning scheme means a current local planning scheme made under the Planning and\nDevelopment Act 2005;\nlot has the meaning given to it in the Planning and Development Act 2005;\nnotice of breach means a notice referred to in clause 5.1;\noccupier has the meaning given to it in the Local Government Act 1995;\nowner has the meaning given to it in the Local Government Act 1995;\nrazor wire fence means a coiled strong wire with pieces of sharp cutting edges set across it at\nclose intervals;\nResidential Lot means a lot where a residential use—\n(a) is or may be permitted under the local planning scheme; and\n(b) is or will be the predominant use of the lot;\nretaining wall means any structure which is engineered and constructed to prevent the\nmovement of soil or retains soil or structures in order to allow a change in ground levels (i.e.\ndifferent elevations) to exist adjacent to one another;\nSchedule means a Schedule to this local law;\nsufficient fence means a fence described in clause 2.1; and\nthoroughfare has the meaning given to it by the Local Government Act 1995, but does not\ninclude a private thoroughfare which is not under the management or control of the local\n1.6 Licence fees and charges\nAll fees and charges applicable under this local law shall be determined by the local government from\ntime to time in accordance with sections 6.16 to 6.19 of the Local Government Act 1995.\nPART 2—FENCES\n2.1 Sufficient fences\n(1) It shall be an offence for a person to erect a dividing fence or a boundary fence that is not a\nsufficient fence.\n(2) Subject to subclauses (3) and (4), a sufficient fence—\n(a) on a Residential Lot is a dividing or a boundary fence constructed and maintained in\naccordance with the specifications and requirements of Schedule 1; and\n(b) on a Commercial Lot is a dividing or a boundary fence constructed and maintained in\naccordance with the specifications and requirements of Schedule 2.\n(3) Where a fence is erected on or adjacent to the boundary between a Residential Lot and a\nCommercial Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with\nthe specifications and requirements of Schedule 2.\n(4) An application must be made to the local government for the grant of consent to any variation to\nthe specifications in Schedule 2.\n(5) Unless an authorised person determines otherwise, a sufficient fence on a boundary between lots\nother than those specified in subclause (3) is a dividing fence constructed in accordance with the\nspecifications and requirements of Schedule 1.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1505\n(6) Where a dividing fence is constructed of masonry, stone or concrete, or is combined with a\nretaining wall structure, or exceeds 1800 mm in height, it shall not be considered for approval unless\nit has been assessed and certified to comply with Australian Standards and Building Code of\nAustralia for structural stability—such certification shall be provided by a suitably qualified engineer\nto the satisfaction of the CEO.\n(7) Notwithstanding any other provision in this local law, a boundary fence abutting local government\nproperty and proposed to exceed 1800 mm in height shall not be constructed before the approval of\nthe local government has been obtained for such a fence.\n2.2 Street Frontages\n(1) A person shall not, without the written consent of the Chief Executive Officer, erect a fence along\nthe front boundary or within the front set-back area of a Residential Lot unless the fence has—\n(a) open aspect construction (minimum of 80% ratio of openings to overall panel area); and\n(b) columns which shall not exceed 2.1 m in height above boundary height level, or natural\nground level in the case of front setback; and\n(c) exceed 600 mm in depth and 600 mm in width; and\n(d) be less than 1.8 m clear of any adjoining column, pier or post.\n(2) Any infill panels forming part of a front boundary fence may be solid material to a height of\n900 mm above natural ground level, and where taller than 900 mm shall be open timber, wrought\niron, steel or aluminium palings spaced to ensure the width between each paling is at least equal to\nthe width of the paling with a minimum space of 50 mm and a minimum open aspect of 50 % of the\ninfill panel.\n(3) Blade fencing, where the depth of the infill picket, proportionally more than the profile section\nfacing the street, there shall be sufficient width so that views to the house are not obscured. This can\nbe achieved where the gap between blades is a minimum of twice the depth. For instance, 25 mm\ndeep blades shall be spaced 50 mm apart.\n(4) Proposals for a fence of a height greater than 1200 mm in the front setback area of a Residential\nLot may only be considered for approval by the Council if the fence on each side of the driveway into\nthe lot across the front boundary is to be angled into the lot for a distance of not less than 1500 mm\nalong the frontage to a distance of not less than 1500 mm from the frontage in order to provide\nappropriate splayed lines of vision for a motorist using the driveway for access to a thoroughfare.\n(5) The provision of subclause (4) shall not apply to a fence—\n(a) of open construction that does not obscure the lines of vision of a motorist using the driveway\nfor access to a thoroughfare; or\n(b) that does not adjoin a footpath.\n2.3 Gates in fences\nAll gates within a fence must either—\n(a) open entirely into the lot; or\n(b) slide parallel along the inside of the fence, to complete the fence alignment, when closed.\n2.4 Depositing fencing material on public place\nA person shall not deposit or permit the deposit of any materials whatsoever used in the construction\nor maintenance of any fence, on any thoroughfare, public place or local government property unless\nthe approval of the local government has been obtained.\n2.5 Maintenance of fences\nAn owner of a lot on which a fence is erected shall maintain the fence in good condition so as to\nprevent it from becoming dangerous, dilapidated, or unsightly to the amenity of the locality.\n2.6 Fences across rights-of-way, public access ways or thoroughfares\nA person must not, without the approval of the local government, erect or maintain a fence or\nobstruction of a temporary or permanent nature across any right-of-way, public access way or\nthoroughfare so as to impede or prevent use of those facilities in the manner for which they are\nintended and constructed.\n2.7 Fences upon a right-of-way, public reserves, accessways or thoroughfares\nThe Council will not permit a fence or similar structure to be erected on public reserves managed by\nthe local government on a permanent basis. Where a fence of similar structure has been erected to\nisolate or secure a portion of a public reserve the local government may issue a Notice to the owner of\nthe adjacent land to remove such structures and to restore the ground to its adjacent level at no cost\nto the local government.\n2.8 General discretion of the local government\n(1) The local government will not intervene beyond the jurisdiction of the Act on matters concerning\nboundary fences which divide abutting private properties and in such cases only insofar as to advise\nrespective owners of their remedy through mediation or civil action.\n(2) Notwithstanding subclause (1) in those cases where the fence structure is determined by a\ncertified engineer to be unsound and dangerous, the local government may at its discretion, instruct\nthe removal, modification or repair to a dividing fence (which is not a sufficient fence) and that\ninstruction is issued to all of the owners of the lots to be separated by the dividing fence for that\npurpose.\n\n","sortOrder":29},{"sectionNumber":"1506","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1506 GOVERNMENT GAZETTE, WA 22 April 2021\n2.9 Prohibited fencing materials\n(1) A person shall not affix or use materials which may injure or otherwise cause detriment to persons\nor the environment.\n(2) Prohibited materials include jagged or broken glass, razor or barbed wire, sharpened metal spikes\nor serrated edges, electric current, or other materials or finishes considered in the opinion of the local\ngovernment to constitute a hazard likely to cause injury or detriment to persons or impact the\nenvironment with a moderate to high exposure to that hazard.\nPART 3—APPROVALS\n3.1 Application for approval\n(1) Where a person is required to obtain the approval of the local government under this local law,\nthat person shall apply for approval in accordance with subclause (2).\n(2) An application for approval under this local law shall—\n(b) be signed by the applicant and the owner of the lot;\ngovernment under and in accordance with sections 6.16 to 6.19 of the Local Government\nAct 1995.\nrelated to an application before determining an application for approval.\n(4) The local government may refuse to consider an application for approval which is not in\naccordance with subclauses (2) and (3).\n3.2 Decision on application for approval\n(a) approve an application for approval unconditionally or subject to any conditions; or\n(b) refuse to approve an application for approval.\n(2) If the local government approves an application for approval, it is to issue to the applicant an\napproval in the form determined by the local government.\n(3) If the local government refuses to approve an application for approval, it is to give written notice of\n(4) Where a clause of this local law refers to conditions which may be imposed on an approval or\nwhich are to be taken to be imposed on an approval, the clause does not limit the power of the local\ngovernment to impose other conditions on the approval under subclause (1)(a).\n3.3 Compliance with approval\nWhere an application for approval has been approved, the applicant and the owner or occupier of the\nlot to which the approval relates, shall comply with the terms and any conditions of that approval.\n3.4 Duration of approval\nUnless otherwise stated in the form of approval, an approval granted under this local law—\n(a) runs with the lot to which it relates;\n(b) may be relied upon by any subsequent occupier or owner of the lot; and\n(c) may be enforced by the local government against a subsequent occupier or owner of the lot;\nand\n(d) may be transferred by request of the local government or the Western Australian Planning\nCommission to apply to any new lots created by virtue of amalgamation or subdivision.\nPART 4—MISCELLANEOUS\n4.1 False or misleading statement\nA person shall not make a false or misleading statement in connection with any application,\nrequirement or request under this local law.\nPART 5—NOTICES OF BREACH\n5.1 Notices of breach\n(1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, the\nlocal government may give a notice in writing to the owner of that lot.\n(2) A notice of breach shall—\n(a) specify the provision of this local law which has been breached;\n(b) specify the particulars of the breach; and\n(c) state that the owner is required to remedy the breach within the time specified in the notice.\n(3) Should an owner fail to comply with a notice of breach, the local government may, by its\nemployees, agents or contractors enter upon the lot to which the notice relates and remedy the\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1507\nbreach, and may recover the expenses of so doing from the owner of the lot in a court of competent\njurisdiction.\n(4) This local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the Local Government\nAct 1995 and any power of entry exercised by the local government under this local law is subject to\nPart 3, Division 3, Subdivision 3 of that Act.\nPART 6—OBJECTIONS AND REVIEW\n6.1 Objections and review\nWhen the local government makes a decision under clause 3.2, the provisions of Division 1 Part 9 of\nthe Local Government Act 1995, and regulation 33 of the Local Government (Functions and General)\nRegulations 1996, apply to that decision.\nPART 7—OFFENCES\n7.1 Offences and penalties\n7.2 Prescribed offence\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of\nsection 9.16(1) of the Local Government Act 1995.\n(2) The amount of the modified penalty for a prescribed offence shall be 25 penalty units.\n(4) If this local law expresses a modified penalty as a number of penalty units, the monetary value of\n7.3 Form of notices\nFor the purposes of this local law—\n(a) the form of the infringement notice referred to in sections 9.16 and 9.17 of the Local\nGovernment Act 1995 is to be in the form of Form 2 of Schedule 1 of the Local Government\n(Functions and General) Regulations 1996; and\n(b) the form of the withdrawal of infringement notice referred to in section 9.20 of the Local\nGovernment Act 1995 is to be in the form of Form 3 in Schedule 1 of the Local Government\n(Functions and General) Regulations 1996.\n————\nSCHEDULE 1—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT\n[clause 2.1(2)(a)]\nEach of the identified categories in this Schedule is a sufficient fence on a Residential Lot and the\nfence design being certified by a practicing structural engineer as being suitable for wind loadings\nfound in Region D Category 2 areas in accordance with the current edition of AS/NZS 1170.0:2002\nStructural design actions—General principles.\nTimber fence\n(a) corner posts to be 125mm x 125mm x 2400mm and intermediate posts to be 125mm x 75mm x\n2400mm spaced at 2400mm centres;\n(b) corner posts to be strutted two ways with 100mm x 50mm x 450mm sole plates and 75mm x\n50mm struts;\n(c) intermediate posts to be doubled yankee strutted with 150mm x 25mm x 450mm struts;\n(d) all posts to have tops with a 60mm weather cut and to be sunk at least 600mm into the\nground;\n(e) rails to be 75mm x 50mm with each rail spanning 2 bays of fencing double railed or bolted to\neach post with joints staggered;\n(f) the fence to be covered with 75mm x 20mm sawn pickets, 1800mm in height placed 75mm\napart and affixed securely to each rail; and\n(g) the height of the fence to be 1800mm except with respect to the front set back area for which\n\n","sortOrder":30},{"sectionNumber":"1508","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1508 GOVERNMENT GAZETTE, WA 22 April 2021\nCorrugated fence\nA fence constructed of corrugated fibre reinforced pressed cement or steel sheeting constructed to\nmanufacturer’s specifications or which satisfies the following specifications—\n(a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any case\nshall have a minimum in-ground depth of 600mm;\n(b) the total height and depth of the fence to consist of a single continuous fibre reinforced\ncement or steel sheet;\n(c) the sheets to be lapped and capped with extruded “snap-fit” type capping in accordance with\nthe manufacturers written instructions; and\n(d) the height of the fence to be 1800mm except with respect to the front set back area for which\nBrick, stone or concrete fence\nA fence constructed of brick, stone or concrete, which satisfies the following requirements and\nspecifications—\n(a) a site classification is to be provided by a professional engineer in accordance with AS 2870-\n","sortOrder":31},{"sectionNumber":"2011","sectionType":"section","heading":"Residential slabs and footings (as amended);","content":"2011 Residential slabs and footings (as amended);\n(b) the footing is to be designed in accordance with AS 2870-2011 Residential slabs and footings\nas amended;\n(c) footings of minimum 225mm x 150mm concrete 15MPa or 300mm x 175mm brick laid in\ncement mortar;\n(d) fences to be offset a minimum of 200mm at maximum 3000mm centres or 225mm x 100mm\nengaged piers to be provided at maximum 3000mm centres;\n(e) expansion joints in accordance with the manufacturer’s written instructions; and\n(f) the height of the fence to be 1800mm except with respect to the front set back area for which\nComposite fence\nA composite fence which satisfies the following specifications for the brick construction—\n(1) (a) brick piers of minimum 345mm x 345mm at 1800mm centres bonded to a minimum height\nbase wall of 514mm;\n(b) each pier shall be reinforced with one R10 galvanised starting rod 1500mm high with a\n250mm horizontal leg bedded into a 500mm x 200mm concrete footing and set 65mm above\nthe base of the footing. The top of the footing shall be 1 course (85mm) below ground level;\n(c) the minimum ultimate strength of brickwork shall by 20MPa. Mortar shall be a mix of 1 part\ncement, 1 part lime and 6 parts sand;\n(d) the ground under the footings is to be compacted to 6 blows per 300mm and checked with a\nstandard falling weight penetrometer; and\n(e) control joints in brickwork shall be provided with double piers at a maximum of 6-metre\ncentres;\nor\n(2) (a) brick piers of a minimum 345mm x 345mm x 2700mm centres bonded to the base wall; and\n(b) each pier shall be reinforced with two R10 galvanised starting rods as previously specified.\n————\nSCHEDULE 2—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT\n[clause 2.1(2)(b)]\nEach of the identified categories in this Schedule, with minimum and maximum specifications where\nstated, is a sufficient fence on a Commercial Lot and the fence design being certified by a practicing\nstructural engineer as being suitable for wind loadings found in Region D Category 2 areas in\naccordance with the current edition of AS/NZS 1170.0:2002 Structural design actions—General\nprinciples.\nGalvanised or PVC fence and gate\nA fence constructed of galvanised or PVC coated non-rail link mesh, chain mesh or steel mesh which\nsatisfies the following specifications—\n(a) corner posts to be minimum 50mm nominal bore x 3.5mm and with footings of a 225mm\ndiameter x 900mm;\n(b) intermediate posts to be minimum 37mm nominal bore x 3.15mm at maximum 3.5m centres\nand with footings of a 225mm diameter x 600mm;\n(c) struts to be minimum 30mm nominal bore x 3.15mm fitted at each gate and 2 at each corner\npost and with footings 225mm x 600mm;\n(d) cables to be affixed to the top, centre and bottom of all posts and to consist of 2 or more\n3.15mm wires twisted together or single 4mm wire;\n(e) non-rail link, chain or steel mesh is to be to a height of 2000mm on top of which are to be 3\nstrands of barbed wire carrying the fence to a height of 2400mm in accordance with the\nrequirements and standards of the local planning schemes; and\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1509\n(f) galvanised link mesh wire to be 2000mm in height and constructed of 50mm mesh 2.5mm\ngalvanised iron wire and to be strained, neatly secured and laced to the posts and affixed to\ncables. Vehicle entry gates shall provide an opening of not less than 3.6m and shall be\nconstructed of 25mm tubular framework with 1 horizontal and 1 vertical stay constructed of\n20mm piping and shall be covered with 50mm x 2.5mm galvanised link mesh strained to\nframework. Gates shall be fixed with a drop bolt and locking attachment.\nOther fences\n(a) a fence of cement sheet or steel sheeting constructed to the minimum specifications referred\nto in Schedule 1;\n(b) a fence constructed of aluminium sheeting when supported on posts and rails provided that it\nis used behind a building line and is of a minimum height of 1800mm but no greater than\n2400mm; or\n(c) a fence of timber, brick, stone or concrete constructed to the minimum specifications referred\nto in Schedule 1.\n————\nShire in the presence of—\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1511\nLOCAL GOVERNMENT PROPERTY LOCAL LAW 2021\nThis local law may be cited as the Shire of Peppermint Grove Local Government Property Local Law\n2021.\n1.2 Definitions\napplicant means a person who applies for a permit under clause 3.2;\nAct to perform any of the functions of an authorised person under this local law;\nboat means any ship, vessel or structure capable of being used in navigation by water, however\npropelled or moved, and includes a jet ski;\nbuilding means any building which is local government property and includes a—\n(a) hall or room;\n(b) corridor, stairway or annexe of any hall or room; and\n(c) a building on a local government depot site;\nCEO means the chief executive officer of the local government;\ncommencement day means the day on which this local law comes into operation;\ndate of publication means, where local public notice is required to be given of a matter under\nthis local law, the date on which notice of the matter is published in a newspaper circulating\ngenerally throughout the district;\ndetermination means a determination made under clause 2.1;\nfunction means an event or activity characterised by all or any of the following—\n(a) formal organisation and preparation;\n(b) its occurrence is generally advertised or notified in writing to particular persons;\n(c) organisation by or on behalf of a club;\n(d) payment of a fee to attend it; and\n(e) systematic recurrence in relation to the day, time and place;\nliquor has the same meaning as is given to it in section 3 of the Liquor Control Act 1988;\nlocal government property means anything except a thoroughfare—\npermit means a permit issued under this local law;\n\n","sortOrder":32},{"sectionNumber":"1512","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1512 GOVERNMENT GAZETTE, WA 22 April 2021\npermit holder means a person who holds a valid permit;\nperson does not include the local government;\nprohibited drug has the meaning given to it by the Misuse of Drugs Act 1981;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nsign includes a notice, flag, mark, structure or device approved by the local government on which\nmay be shown words, numbers, expressions or symbols;\ntrading means the selling or hiring, or the offering for sale or hire of goods or services, and\nincludes displaying goods for the purpose of—\n(a) offering them for sale or hire;\n(b) inviting offers for their sale or hire;\n(c) soliciting orders for them; or\n(d) carrying out any other transaction in relation to them; and\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise; and\n(b) an animal being ridden or driven,\nbut excludes—\n(c) a wheel-chair or any device designed for use, by a physically impaired person on a\nfootpath;\n(d) a pram, a stroller or a similar device; and\n(e) a boat.\n1.3 Interpretation\nIn this local law unless the context otherwise requires a reference to local government property\nincludes a reference to any part of that local government property.\n1.4 Application\n(1) This local law applies throughout the district.\n(2) This local law is subject to any written law and law of the Commonwealth about assistance\nanimals as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth).\n(3) Notwithstanding anything to the contrary in this local law, the local government may—\n(a) hire local government property to any person; or\n(b) enter into an agreement with any person regarding the use of any local government property.\n1.5 Repeal\n(1) The Shire of Peppermint Grove Local Government Property Local Law published in the\nGovernment Gazette on 18 September 2001 repealed.\n(2) Where a policy was made or adopted by the local government under or in relation to a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement day.\n(3) The Council may resolve that notwithstanding subclause (2), specified policies continue, or are to\nbe taken to have continued, to have effect on and from the commencement day.\n1.6 Commencement\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\n2.1 Determinations as to use of local government property\nThe local government may make a determination in accordance with clause 2.2—\n(a) setting aside specified local government property for the pursuit of all or any of the activities\nreferred to in clause 2.7;\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on\nspecified local government property;\n(c) as to the matters in clauses 2.7(2) and 2.8(2); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\n2.2 Procedure for making a determination\n(1) The local government is to give local public notice of its intention to make a determination.\n(2) The local public notice referred to in subclause (1) is to state that—\n(a) the local government intends to make a determination, the purpose and effect of which is\nsummarised in the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the\nlocal government; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1513\n(3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to—\n(a) give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) amend the proposed determination, in which case subclause (5) will apply; or\n(c) not continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c) the Council is to—\n(a) consider those submissions; and\n(b) decide—\n(i) whether or not to amend the proposed determination; or\n(ii) not to continue with the proposed determination.\n(5) If the Council decides to amend the proposed determination, it is to give local public notice—\n(a) of the effect of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the Council decides not to amend the proposed determination, it is to give local public notice\nthat the proposed determination has effect as a determination on and from the date of publication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication\nof the local public notice referred to in subclauses (3), (5) and (6).\n(8) A decision under subclause (3) or (4) is not to be delegated by the Council.\n2.3 Discretion to erect sign\nThe local government may erect a sign on local government property to give notice of the effect of a\ndetermination which applies to that property.\n2.4 Determination to be complied with\nA person shall comply with a determination.\n2.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for\nthat purpose the register is to be taken to be information within section 5.94(u)(i) of the Act.\n2.6 Amendment or revocation of a determination\n(1) The Council may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the Council revokes a determination it is to give local public notice of the revocation and the\ndetermination is to cease to have effect on the date of publication.\n2.7 Activities which may be pursued on specified local government property\n(1) A determination may provide that specified local government property is set aside as an area on\nwhich a person may—\n(a) smoking on premises;\n(b) bring, ride or drive an animal;\n(c) take, ride or drive a vehicle, or a particular class of vehicle;\n(d) fly or use a motorised model aircraft or unmanned aerial vehicle (drone);\n(e) use a children’s playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age;\n(f) launch, beach or leave a boat;\n(g) take or use a boat, or a particular class of boat;\n(h) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or\nnot in specified areas of that local government property;\n(i) play or practice—\n(i) golf or archery;\n(ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms\nAct 1973; or\n(iii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\n(j) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; and\n(k) wear no clothing.\n(2) A determination may specify the extent to which and the manner in which an activity referred to\nin subclause (1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued;\n\n","sortOrder":33},{"sectionNumber":"1514","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1514 GOVERNMENT GAZETTE, WA 22 April 2021\n(b) that an activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is to be taken to be prohibited on all local government property other than\nthat specified in the determination;\n(d) may limit the activity to a class of vehicles, boats, equipment or things, or may extend it to all\nvehicles, boats, equipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\n2.8 Activities which may be prohibited on specified local government property\n(1) A determination may provide that a person is prohibited from pursuing all or any of the following\nactivities on specified local government property—\n(a) smoking on premises;\n(b) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device;\n(c) taking, riding or driving a vehicle or a particular class of vehicle on the property;\n(d) riding or driving a vehicle of a particular class or any vehicle above a specified speed;\n(e) taking or using a boat, or a particular class of boat;\n(f) the playing or practice of—\n(i) golf, archery, pistol shooting or rifle shooting; or\n(ii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\n(g) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property;\n(h) the traversing of sand dunes or land which in the opinion of the local government has\nenvironmental value warranting such protection, either absolutely or except by paths\nprovided for that purpose; and\n(i) flying of unmanned aerial vehicle.\n(2) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in subclause (1) and, in particular—\n(a) the days and times during which the activity is prohibited;\n(b) that an activity is prohibited on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is prohibited in respect of a class of vehicles, boats, equipment or things, or\nall vehicles, boats, equipment or things;\n(d) that an activity is prohibited in respect of a class of persons or all persons; and\n(e) may distinguish between different classes of the activity.\n(3) In this clause—\npremises means a building, stadium or similar structure which is local government property, but\nnot an open space such as a park or a playing field.\n2.9 Signs taken to be determinations\n(1) Where a sign erected on local government property has been erected under a local law of the local\ngovernment repealed by this local law, then it is to be taken to be and have effect as a determination\non and from the commencement day, except to the extent that the sign is inconsistent with any\nprovision of this local law or any determination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in subclause (1).\nPART 3—PERMITS\n3.1 Application of Part\nThis Part does not apply to a person who uses or occupies local government property under a written\nagreement with the local government to do so.\n3.2 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(b) be signed by the applicant;\nrelated to an application before determining an application for a permit.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1515\n(4) The local government may require an applicant to give local public notice of the application for a\npermit.\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n3.3 Decision on application for permit\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant, a\npermit in the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\n3.4 Conditions which may be imposed on a permit\n(1) Without limiting the generality of clause 3.3(1)(a), the local government may approve an\napplication for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) compliance with a standard or a policy of the local government adopted by the local\ngovernment;\n(c) the duration and commencement of the permit;\n(d) the commencement of the permit being contingent on the happening of an event;\n(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(f) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(g) the area of the district to which the permit applies;\n(h) where a permit is issued for an activity which will or may cause damage to local government\nproperty, the payment of a deposit or bond against such damage; and\n(i) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government.\n(2) Without limiting clause 3.3(1)(a) and subclause (1), the following paragraphs indicate the type and\ncontent of the conditions on which a permit to hire local government property may be issued—\n(a) when fees and charges are to be paid;\n(b) payment of a bond against possible damage or cleaning expenses or both;\n(c) restrictions on the erection of material or external decorations;\n(d) rules about the use of furniture, plant and effects;\n(e) limitations on the number of persons who may attend any function in or on local government\n(f) the duration of the hire;\n(g) the right of the local government to cancel a booking during the course of an annual or\nseasonal booking, if the local government sees fit;\n(h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first\nobtained for that purpose under the Liquor Control Act 1988;\n(i) whether or not the hire is for the exclusive use of the local government property;\n(j) the obtaining of a policy of insurance in the names of both the local government and the hirer,\nindemnifying the local government in respect of any injury to any person or any damage to\nany property which may occur in connection with the hire of the local government property by\nthe hirer; and\n(k) the provision of an indemnity from the hirer, indemnifying the local government in respect of\nany injury to any person or any damage to any property which may occur in connection with\nthe hire of the local government property by the hirer.\n3.5 Imposing conditions under a policy\npolicy means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 3.3(1)(a).\n(2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government shall give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 3.3(2).\n(4) An application for a permit shall be deemed not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy shall be\ndeemed to be information within section 5.94(u)(i) of the Act.\n\n","sortOrder":34},{"sectionNumber":"1516","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1516 GOVERNMENT GAZETTE, WA 22 April 2021\n3.6 Compliance with and variation of conditions\n(1) Where an application for a permit has been approved subject to conditions, the permit holder shall\ncomply with each of those conditions.\n(2) The local government may vary the conditions of a permit, and the permit holder shall comply\nwith those conditions as varied.\n3.7 Agreement for building\nWhere a person applies for a permit to erect a building on local government property the local\ngovernment may enter into an agreement with the permit holder in respect of the ownership of the\nmaterials in the building.\n3.8 Duration of permit\nA permit is valid for one year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the permit; or\n(b) cancelled under clause 3.12.\n3.9 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of this Part shall apply to an application for the renewal of a permit as though it\nwere an application for a permit.\n3.10 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(2) The local government may approve an application for the transfer of a permit, refuse to approve it\nor approve it subject to any conditions.\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by an endorsement on the permit signed by the CEO.\n(4) Where the local government approves the transfer of a permit, it is not required to refund any part\nof any fee paid by the former permit holder.\n3.11 Production of permit\nA permit holder is to produce to an authorised person her or his permit immediately upon being\nrequired to do so by that authorised person.\n3.12 Cancellation of permit\n(1) Subject to clause 5.1, a permit may be cancelled by the local government if the permit holder has\nnot complied with a—\n(a) condition of the permit; or\n(b) determination or a provision of any written law which may relate to the activity regulated by\nthe permit.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the CEO; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\n3.13 Activities needing a permit\n(1) A person shall not without a permit—\n(a) subject to subclause (3), hire local government property;\n(b) advertise anything by any means on local government property;\n(c) erect a structure for public amusement or for any performance, whether for gain or otherwise,\non local government property;\n(d) plant any plant or sow any seeds on local government property;\n(e) carry on any trading on local government property unless the trading is conducted—\n(i) with the consent of a person who holds a permit to conduct a function, and where the\ntrading is carried on under and in accordance with the permit; or\n(ii) by a person who has a licence or permit to carry on trading on local government\nproperty under any written law;\n(f) unless an employee of the local government in the course of her or his duties or on an area set\naside for that purpose—\n(i) drive or ride or take any vehicle on to local government property; or\n(ii) park or stop any vehicle on local government property;\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1517\n(g) conduct a function on local government property;\n(h) charge any person for entry to local government property, unless the charge is for entry to\nland or a building hired by a voluntary non-profit organisation;\n(i) light a fire on local government property except in a facility provided for that purpose;\n(j) parachute, hang glide, abseil or base jump from or on to local government property;\n(k) erect a building or a refuelling site on local government property;\n(l) make any excavation on or erect or remove any fence on local government property;\n(m) erect or install any structure above or below ground, which is local government property, for\nthe purpose of supplying any water, power, sewer, communication, television or similar\nservice to a person; or\n(n) store, secure or place a boat on the River Foreshore Reserve within the district.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n(3) The local government may exempt specified local government property or a class of local\ngovernment property from the application of subclause (1)(a).\n3.14 Permit required to camp outside a facility\nfacility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping\nGrounds Act 1995.\n(2) This clause does not apply to a facility operated by the local government.\n(3) A person shall not without a permit—\n(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local\ngovernment property; or\n(b) erect any tent, camp, hut or similar structure on local government property other than a\nbeach shade or windbreak erected for use during the hours of daylight and which is\ndismantled during those hours on the same day.\n(4) The maximum period for which the local government may approve an application for a permit in\nrespect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan\nParks and Camping Grounds Regulations 1997.\n3.15 Permit required for possession and consumption of liquor\n(1) A person, on local government property, shall not consume any liquor or have in her or his\npossession or under her or his control any liquor, unless—\n(a) that is permitted under the Liquor Control Act 1988; and\n(b) a permit has been obtained for that purpose.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\n3.16 Responsibilities of permit holder\nA holder of a permit shall in respect of local government property to which the permit relates—\n(a) ensure that an authorised person has unobstructed access to the local government property\nfor the purpose of inspecting the property or enforcing any provision of this local law;\n(b) leave the local government property in a clean and tidy condition after its use;\n(c) report any damage or defacement of the local government property to the local government;\nand\n(d) prevent the consumption of any liquor on the local government property unless the permit\nallows it and a licence has been obtained under the Liquor Control Act 1988 for that purpose.\nPART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\n4.1 Behaviour which interferes with others\nA person shall not in or on any local government property behave in a manner which—\n(a) is likely to interfere with the enjoyment of a person who might use the property; or\n(b) interferes with the enjoyment of a person using the property.\n4.2 Behaviour detrimental to property\n(1) A person shall not behave in or on local government property in a way which is or might be\ndetrimental to the property.\n(2) In subclause (1)—\ndetrimental to the property includes—\n(a) removing any thing from the local government property such as a rock, a plant or a seat\nprovided for the use of any person; and\n(b) destroying, defacing or damaging any thing on the local government property, such as a\nplant, a seat provided for the use of any person or a building.\n\n","sortOrder":35},{"sectionNumber":"1518","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1518 GOVERNMENT GAZETTE, WA 22 April 2021\n4.3 Taking or injuring any fauna\n(1) A person shall not, take, injure or kill or attempt to take, injure or kill any fauna which is on or\nabove any local government property, unless that person is authorised under a written law to do so.\nanimal means any living thing that is not a human being or plant; and\nfauna means any animal indigenous to or which periodically migrates to any State or Territory\nof the Commonwealth or the territorial waters of the Commonwealth and includes in relation\nto any such animal—\n(a) any class of animal or individual member;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur.\n4.4 Intoxicated persons not to enter local government property\nA person shall not enter or remain on local government property while under the influence of liquor or\na prohibited drug.\n4.5 No prohibited drugs\nA person shall not take a prohibited drug on to, or consume or use a prohibited drug on, local\ngovernment property.\n4.6 No smoking\nA person must not smoke within a 5 metre radius of any entrance, exit or aperture of premises on\nlocal government property.\n4.7 Signs\n(1) A local government may erect a sign on local government property specifying any conditions of use\nwhich apply to that property.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is—\n(a) not to be inconsistent with any provision of this local law or any determination; and\n(b) to be for the purpose of giving notice of the effect of a provision of this local law.\nPART 5—OBJECTIONS AND APPEALS\n5.1 Application of Division 1, Part 9 of the Act\nWhen the local government makes a decision as to whether it will—\n(a) grant a person a permit or consent under this local law; or\n(b) renew, vary, or cancel a permit or consent that a person has under this local law,\nthe provisions of Division 1 of Part 9 of the Act and regulations 32A and 33 of the Regulations apply\nto that decision.\nPART 6—MISCELLANEOUS\n6.1 Authorised person to be obeyed\nA person on local government property shall obey any lawful direction of an authorised person and\nshall not in any way obstruct or hinder an authorised person in the execution of her or his duties.\n6.2 Persons may be directed to leave local government property\nAn authorised person may direct a person to leave local government property where she or he\nreasonably suspects that the person has contravened a provision of any written law.\n6.3 Disposal of lost property\nAn article left on any local government property, and not claimed within a period of 3 months, may be\ndisposed of by the local government in any manner it thinks fit.\n6.4 Liability for damage to local government property\n(1) Where a person unlawfully damages local government property, the local government may by\nnotice in writing to that person require that person within the time required in the notice to, at the\noption of the local government, pay the costs of—\n(a) reinstating the property to the state it was in prior to the occurrence of the damage; or\n(b) replacing that property.\n(2) Unless there is proof to the contrary, a person is to be taken to have damaged local government\nproperty within subclause (1) where a vehicle or a boat caused the damage, the person was the person\nresponsible, at the time the damage occurred, for the control of the vehicle or the boat.\n(3) On a failure to comply with a notice issued under subclause (1), the local government may recover\nthe costs referred to in the notice as a debt due to it.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1519\nPART 7—ENFORCEMENT\n7.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do any thing,\nif a person fails to comply with the notice, that person commits an offence.\n7.2 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 7.1, the local government may do\nthe thing specified in the notice and recover from the person to whom the notice was given, as a debt,\nthe costs incurred in so doing.\n7.3 Offences and general penalty\n7.4 Prescribed offences\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of\n(2) The amount of the modified penalty for a prescribed offence shall be 15 penalty units.\n(4) If this local law expresses a modified penalty as a number of penalty units, the monetary value of\n7.5 Form of notices\n(1) For the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Regulations.\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\n7.6 Evidence of a determination\n(1) In any legal proceedings, evidence of a determination may be given by tendering the register\nreferred to in clause 2.5 or a certified copy of an extract from the register.\n(2) It is to be presumed, unless the contrary is proved, that the determination was properly made and\nthat every requirement for it to be made and have effect has been satisfied.\n(3) Subclause (2) does not make valid a determination that has not been properly made.\n————\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1521\nPARKING AND PARKING FACILITIES LOCAL LAW 2021\nThis local law may be cited as the Shire of Peppermint Grove Parking and Parking Facilities Local\nLaw 2021.\nThis local law comes into operation 14 days after the date of publication in the Government Gazette.\n1.3 Repeal\nThe Shire of Peppermint Grove Parking and Parking Facilities Local Law published in the\nGovernment Gazette on 28 September 2001 is repealed.\n1.4 Interpretation\nACROD sticker has the meaning given to it by the Code;\nauthorised person means a person appointed by the local government under section 9.10 of the\nAct, to perform any of the functions of an authorised person under this local law;\nauthorised vehicle means a vehicle authorised by the local government, CEO, authorised\nperson or by any written law to park on a thoroughfare or parking facility;\nbicycle has the meaning given to it by the Code;\nbicycle path has the meaning given to it by the Code;\nbus has the meaning given to it by the Code;\nbus embayment has the meaning given to it by the Code;\nbus stop has the meaning given to it by the Code;\nbus zone has the meaning given to it by the Code;\ncaravan means a vehicle that is fitted or designed to allow human habitation and which is\ndrawn by another vehicle, or which is capable of self-propulsion;\ncarriageway has the meaning given to it by the Code;\ncentre in relation to a carriageway, means a line or a series of lines, marks or other indications—\n(a) for a two-way carriageway—placed so as to delineate vehicular traffic travelling in\ndifferent directions; or\n(b) in the absence of any such lines, marks or other indications—the middle of the main,\ntravelled portion of the carriageway;\nchildren’s crossing has the meaning given to it by the Code;\nCode means the Road Traffic Code 2000;\ncommercial vehicle—\n(a) means a motor vehicle constructed for the conveyance of goods or merchandise, or for the\nconveyance of materials used in any trade, business, industry or work whatsoever, other\nthan a motor vehicle for the conveyance of passengers; and\n(b) includes any motor vehicle that is designed primarily for the carriage of persons, but\nwhich has been fitted or adapted for the conveyance of the goods, merchandise or\nmaterials referred to, and is in fact used for that purpose;\n\n","sortOrder":36},{"sectionNumber":"1522","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1522 GOVERNMENT GAZETTE, WA 22 April 2021\ndisability parking permit has the meaning given to it by the Local Government (Parking for\nPeople with Disabilities) Regulations 2014 regulation 4;\ndriver means any person driving or in control of a vehicle;\nedge line for a carriageway means a line marked along the carriageway at or near the far left or\nthe far right of the carriageway;\nemergency vehicle has the meaning given to it by the Code;\nfootpath has the meaning given to it by the Code;\nGVM (which stands for gross vehicle mass) has the meaning given to it by the Code;\nloading zone means a parking stall which is set aside for use by commercial vehicles if there is a\nsign referable to that stall marked ‘loading zone’;\nmail zone has the meaning given to it by the Code;\nmedian strip has the meaning given to it by the Code;\nmotorcycle has the meaning given to it by the Code;\nmotor vehicle means a self-propelled vehicle that is not operated on rails; and the expression\nincludes a trailer, semi-trailer or caravan while attached to a motor vehicle, but does not\ninclude a power assisted pedal cycle;\nno parking area has the meaning given to it by the Code;\nno parking sign means a sign with the words ‘no parking’ in red letters on a white background,\nor the letter ‘P’ within a red annulus and a red diagonal line across it on a white background;\nno stopping area has the meaning given to it by the Code;\nno stopping sign means a sign with the words ‘no stopping’ or ‘no standing’ in red letters on a\nwhite background or the letter ‘S’ within a red annulus and a red diagonal line across it on a\nwhite background;\noccupier has the meaning given to it by the Act;\nowner—\n(a) where used in relation to a vehicle licensed under the Road Traffic Act, means the person\nin whose name the vehicle has been registered under that Road Traffic Act;\n(b) where used in relation to any other vehicle, means the person who owns, or is entitled to\npossession of that vehicle; and\n(c) where used in relation to land, has the meaning given to it by the Act;\npark has the meaning given to it in the Code;\nparking area has the meaning given to it by the Code;\nparking facilities includes land, buildings, shelters, parking stalls and other facilities open to\nthe public generally for the parking of vehicles and signs, notices and facilities used in\nconnection with the parking of vehicles;\nparking region means the area described in Schedule 1;\nparking stall means a section or part of a thoroughfare or of a parking station which is marked\nor defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the\npurpose of indicating where a vehicle may be parked;\nparking station means any land, or structure provided for the purpose of accommodating\nvehicles;\npedestrian crossing has the meaning given to it by the Code;\npublic place means any place to which the public has access whether or not that place is on\nprivate property;\nreserve means any land—\nRoad Traffic Act means the Road Traffic Act 1974;\nSchedule means a Schedule to this local law;\nshared zone has the meaning given to it by the Code;\nsign includes a traffic sign, inscription, road marking, mark, structure or device approved by the\nlocal government on which may be shown words, numbers, expressions or symbols, and which\nis placed on or near a thoroughfare or within a parking station or reserve for the purpose of\nprohibiting, regulating, guiding, directing or restricting the parking of vehicles;\nspecial purpose vehicle has the meaning given to it by the Code;\nstop in relation to a vehicle means to stop a vehicle and permit it to remain stationary, except for\nthe purposes of avoiding conflict with other traffic or of complying with the provisions of any\nlaw;\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1523\nsymbol includes any symbol specified by Australian Standard 1742.11-1999 and any symbol\nspecified from time to time by Standards Australia for use in the regulation of parking and\nany reference to the wording of any sign in this local law shall be also deemed to include a\nreference to the corresponding symbol;\ntaxi has the meaning given to it by the Code;\ntaxi zone has the meaning given to it by the Code;\nthoroughfare has the meaning given to it by the Act;\ntraffic island has the meaning given to it by the Code;\ntrailer means any vehicle without motive power of its own, designed for attachment to a motor\nvehicle for the purpose of being towed, including a boat trailer, but does not include the rear\nportion of an articulated vehicle, or a side car;\nvehicle has the meaning given to it by the Code; and\nverge means the portion of a thoroughfare which lies between the boundary of a carriageway and\nthe adjacent property line but does not include a footpath.\n1.5 Application of Particular Definitions\n(1) For the purposes of the application of the definitions ‘no parking area’ and ‘parking area’ an arrow\ninscribed on a traffic sign erected at an angle to the boundary of the carriageway is deemed to be\npointing in the direction in which it would point, if the signs were turned at an angle of less than\n90 degrees until parallel with the boundary.\n(2) Unless the context otherwise requires, where a term is used, but not defined, in this local law, and\nthat term is defined in the Road Traffic Act or in the Code, then the term shall have the meaning\ngiven to it in that Act or the Code.\n1.6 Application and pre-existing signs\n(1) Subject to subclause (2), this local law applies to the parking region.\n(2) This local law does not apply to a parking facility or a parking station that is not occupied by the\nlocal government, unless the local government and the owner or occupier of that facility or station\nhave agreed in writing that this local law will apply to that facility or station.\n(3) The agreement referred to in subclause (2) may be made on such terms and conditions as the\nparties may agree.\n(4) A sign that—\n(a) was erected by the local government or the Commissioner of Main Roads prior to the coming\ninto operation of this local law; and\n(b) relates to the parking of vehicles within the parking region, shall be deemed for the purposes\nof this local law to have been erected by the local government under the authority of this local\nlaw.\n(5) An inscription or symbol on a sign referred to in subclause (5) operates and has effect according to\nits tenor, and where the inscription or symbol relates to the stopping of vehicles, it shall be deemed\nfor the purposes of this local law to operate and have effect as if it related to the parking of vehicles.\n(6) The provisions of Parts 2, 3, and 4 do not apply to a bicycle parked at a bicycle rail or bicycle rack.\n1.7 Classes of vehicles\nFor the purpose of this local law, vehicles are divided into classes as follows—\n(a) buses;\n(b) commercial vehicles;\n(c) motorcycles and bicycles;\n(d) taxis; and\n(e) all other vehicles.\n1.8 Part of thoroughfare to which sign applies\nWhere under this local law the parking of vehicles in a thoroughfare is controlled by a sign, the sign\nshall be read as applying to that part of the thoroughfare which—\n(a) lies beyond the sign;\n(b) lies between the sign and the next sign beyond that sign; and\n(c) is on that side of the thoroughfare nearest to the sign.\n1.9 Powers of the local government\nThe local government may, by resolution, prohibit or regulate by signs or otherwise, the stopping or\nparking of any vehicle or any class of vehicles in any part of the parking region but must do so\nconsistently with the provisions of this local law.\nPART 2—PARKING STALLS AND PARKING STATIONS\n2.1 Determination of parking stalls and parking stations\n(1) The local government may by resolution constitute, determine and vary—\n(a) parking stalls;\n(b) parking stations;\n\n","sortOrder":37},{"sectionNumber":"1524","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1524 GOVERNMENT GAZETTE, WA 22 April 2021\n(c) permitted time and conditions of parking in parking stalls and parking stations which may\nvary with the locality;\n(d) permitted classes of vehicles which may park in parking stalls and parking stations;\n(e) permitted classes of persons who may park in specified parking stalls or parking stations; and\n(f) the manner of parking in parking stalls and parking stations.\n(2) Where the local government makes a determination under subsection (1) it shall erect signs to give\neffect to the determination.\n2.2 Vehicles to be within parking stall on thoroughfare\n(1) Subject to subclause (2), (3) and (4), a person shall not park a vehicle in a parking stall in a\nthoroughfare otherwise than—\n(a) parallel to and as close to the kerb as is practicable;\n(b) wholly within the stall; and\n(c) headed in the direction of the movement of traffic on the side of the thoroughfare in which the\nstall is situated.\n(2) Subject to subclause (3) where a parking stall in a thoroughfare is set out otherwise than parallel\nto the kerb, then a person must park a vehicle in that stall wholly within it.\n(3) If a vehicle is too long or too wide to fit completely within a single parking stall then the person\nparking the vehicle shall do so within the minimum number of parking stalls needed to park that\nvehicle.\n(4) A person shall not park a vehicle partly within and partly outside a parking area.\n2.3 Parking prohibitions and restrictions\n(a) park a vehicle so as to obstruct an entrance to, or an exit from a parking station, or an access\nway within a parking station;\n(b) except with the permission of the local government or an authorised person park a vehicle on\nany part of a parking station contrary to a sign referable to that part;\n(c) permit a vehicle to park on any part of a parking station, if an authorised person directs the\ndriver of such vehicle to move the vehicle; or\n(d) park or attempt to park a vehicle in a parking stall in which another vehicle is parked but\nthis paragraph does not prevent the parking of a motorcycle and a bicycle together in a stall\nmarked ‘M/C’, if the bicycle is parked in accordance with subclause (2).\n(2) No person shall park any bicycle—\n(a) in a parking stall other than in a stall marked ‘M/C’; and\n(b) in such stall other than against the kerb.\n(3) Despite subclause (1)(b), a driver may park a vehicle in a parking stall or station (except in a\nparking area for persons with a disability) for twice the length of time allowed, provided that—\n(a) the driver’s vehicle displays an ACROD sticker; and\n(b) a person with a disability to which that ACROD sticker relates is either the driver of, or a\npassenger in, the vehicle.\nPART 3—PARKING GENERALLY\n3.1 Restrictions on parking in particular areas\n(1) Subject to subclause (2), a person shall not park a vehicle in a thoroughfare or part of a\nthoroughfare, or part of a parking station—\n(a) if by a sign it is set apart for the parking of vehicles of a different class;\n(b) if by a sign it is set apart for the parking of vehicles by persons of a different class; or\n(c) during any period when the parking of vehicles is prohibited by a sign.\n(2) (a) This subclause applies to a driver if—\n(i) the driver’s vehicle displays an ACROD sticker; and\n(ii) a person with a disability to which the ACROD sticker relates is either the driver of the\nvehicle or a passenger in the vehicle.\n(b) The driver may park a vehicle in a thoroughfare or a part of a thoroughfare or part of a\nparking station, except in a thoroughfare or a part of a thoroughfare or part of a parking\nstation to which a disabled parking sign relates for twice the period indicated on the sign.\n(3) A person shall not park a vehicle—\n(a) in a no parking area;\n(b) in a parking area, except in accordance with both the signs associated with the parking area\nand with this local law; or\n(c) in a stall marked ‘M/C’ unless it is a motorcycle without a sidecar or a trailer, or it is a\nbicycle.\n(4) A person shall not park a motorcycle without a sidecar or a trailer, or a bicycle in a parking stall\nunless the stall is marked ‘M/C’.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1525\n(5) A person shall not, without the prior permission of the local government, the CEO, or an\nauthorised person, park a vehicle in an area designated by a sign stating ‘Authorised Vehicles Only’.\n3.2 Parking vehicle on a carriageway\n(1) A person parking a vehicle on a carriageway other than in a parking stall shall park it—\n(a) in the case of a two-way carriageway, so that it is as near as practicable to and parallel with,\nthe left boundary of the carriageway and headed in the direction of the movement of traffic on\nthe side of the thoroughfare on which the vehicle is parked;\n(b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with\neither boundary of the carriageway and headed in the direction of the movement of traffic on\nthe side of the thoroughfare on which the vehicle is parked;\n(c) so that at least 3 metres of the width of the carriageway lies between the vehicle and the\nfarther boundary of the carriageway, or any continuous line or median strip, or between the\nvehicle and a vehicle parked on the farther side of the carriageway;\n(d) so that the front and the rear of the vehicle respectively is not less than 1 metre from any\nother vehicle, except a motorcycle without a trailer, or a bicycle parked in accordance with\nthis local law; and\n(e) so that it does not obstruct any vehicle on the carriageway,\nunless otherwise indicated on a parking regulation sign or markings on the roadway.\n(2) In this clause, ‘continuous dividing line’ means—\n(a) a single continuous dividing line only;\n(b) a single continuous dividing line to the left or right of a broken dividing line; or\n(c) 2 parallel continuous dividing lines.\n3.3 When parallel and right-angled parking apply\nWhere a traffic sign associated with a parking area is not inscribed with the words ‘angle parking’ (or\nwith an equivalent symbol depicting this purpose), then unless a sign associated with the parking\narea indicates, or marks on the carriageway indicate, that vehicles have to park in a different\nposition, where the parking area is–\n(a) adjacent to the boundary of a carriageway, a person parking a vehicle in the parking area\nshall park it as near as practicable to and parallel with that boundary; and\n(b) at or near the centre of the carriageway, a person parking a vehicle in that parking area shall\npark it at approximately right angles to the centre of the carriageway.\n3.4 When angle parking applies\n(1) This clause does not apply to–\n(a) a passenger vehicle or a commercial vehicle with a mass including any load, of over 3 tonnes;\nor\n(b) a person parking either a motor cycle without a trailer or a bicycle.\n(2) Where a sign associated with a parking area is inscribed with the words ‘angle parking’ (or with\nan equivalent symbol depicting this purpose), a person parking a vehicle in the area shall park the\nvehicle at an angle of approximately 45 degrees to the centre of the carriageway unless otherwise\nindicated by the inscription on the parking sign or by marks on the carriageway.\n3.5 General prohibitions on parking\n(1) (a) This clause does not apply to a vehicle parked in a parking stall nor to a bicycle in a bicycle\nrack.\n(b) Subclauses (2)(c), (e) and (g) do not apply to a vehicle which parks in a bus embayment.\n(2) Subject to any law relating to intersections with traffic control signals a person shall not park a\nvehicle so that any portion of the vehicle is—\n(a) between any other stationary vehicles and the centre of the carriageway;\n(b) on or adjacent to a median strip;\n(c) obstructing a right of way, private drive or carriageway or so close as to deny a vehicle\nreasonable access to or egress from the right of way, private drive or carriageway;\n(d) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the\ncarriageway, if the vehicle would obstruct traffic;\n(e) on or within 10 metres of any portion of a carriageway bounded by a traffic island;\n(f) on any footpath or pedestrian crossing;\n(g) between the boundaries of a carriageway and any double longitudinal line consisting of two\ncontinuous lines or between a double longitudinal line consisting of a continuous line and a\nbroken or dotted line and the boundary of a carriageway nearer to the continuous line, unless\nthere is a distance of at least 3 metres clear between the vehicle and the double longitudinal\nline;\n(h) on an intersection, except adjacent to a carriageway boundary that is not broken by an\nintersecting carriageway;\n(i) within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of\na fire hydrant or fire plug;\n\n","sortOrder":38},{"sectionNumber":"1526","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1526 GOVERNMENT GAZETTE, WA 22 April 2021\n(j) within 3 metres of a public letter pillar box, unless the vehicle is being used for the purposes\nof collecting postal articles from the pillar box; or\n(k) within 10 metres of the nearer property line of any thoroughfare intersecting the\nthoroughfare on the side on which the vehicle is parked,\nunless a sign or markings on the carriageway indicate otherwise.\n(3) A person shall not park a vehicle so that any portion of the vehicle is within 10 metres of the\ndeparture side of—\n(a) a sign inscribed with the words ‘Bus Stop’ or ‘Hail Bus Here’ (or with equivalent symbols\ndepicting these purposes) unless the vehicle is a bus stopped to take up or set down\npassengers; or\n(b) a children’s crossing or pedestrian crossing.\n(4) A person shall not park a vehicle so that any portion of the vehicle is within 20 metres of the\napproach side of—\n(a) a sign inscribed with the words ‘Bus Stop’ or ‘Hail Bus Here’ (or with equivalent symbols\ndepicting these purposes) unless the vehicle is a bus stopped to take up or set down\npassengers;\n(b) a children’s crossing or pedestrian crossing.\n3.6 Authorised person may order vehicle on thoroughfare to be moved\nThe driver of a vehicle shall not park that vehicle on any part of a thoroughfare in contravention of\nthis local law after an authorised person has directed the driver to move it.\n3.7 Authorised person may mark tyres\n(1) An authorised person may mark the tyres of a vehicle parked in a parking facility with chalk or\nany other non-indelible substance for a purpose connected with or arising out of his or her duties or\npowers.\n(2) A person shall not remove a mark made by an authorised person so that the purpose of the\naffixing of such a mark is defeated or likely to be defeated.\n3.8 No movement of vehicles to avoid time limitation\n(1) Where the parking of vehicles in a parking facility is permitted for a limited time, a person shall\nnot move a vehicle within the parking facility so that the total time of parking exceeds the maximum\ntime allowed for parking in the parking facility.\n(2) Where the parking of vehicles in a thoroughfare is permitted for a limited time, a person shall not\nmove a vehicle along that thoroughfare so that the total time of parking exceeds the maximum time\npermitted, unless the vehicle has first been removed from the thoroughfare for at least 2 hours.\n3.9 No parking of vehicles exposed for sale and in other circumstances\nA person shall not park a vehicle on any portion of a thoroughfare—\n(a) for the purpose of exposing it for sale;\n(b) if that vehicle is not licensed under the Road Traffic Act;\n(c) if that vehicle is a trailer or a caravan unattached to a motor vehicle; or\n(d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable\nthe vehicle to be moved to a place other than a thoroughfare.\n3.10 Parking on private land\n(1) In this clause a reference to ‘land’ does not include land—\nAct 1997;\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act; or\n(d) which is the subject of an agreement referred to in clause 1.5(2).\n(2) A person shall not park a vehicle on land without the consent of the owner or occupier of the land\non which the vehicle is parked.\n(3) Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to\nthe parking of vehicles of a specified class or classes on the land for a limited period, a person shall\nnot park a vehicle on the land otherwise than in accordance with the consent.\n3.11 Parking on reserves\nNo person other than an employee of the local government in the course of his or her duties or a\nperson authorised by the local government shall drive or park a vehicle upon or over any portion of a\nreserve other than upon an area specifically set aside for that purpose.\n3.12 Suspension of parking limitations for urgent, essential or official duties\n(1) Where by a sign the parking of vehicles is permitted for a limited time on a portion of a\nthoroughfare or parking facility, the local government, the CEO or an authorised person may, subject\nto the Code, permit a person to park a vehicle in that portion of the thoroughfare or parking facility\nfor longer than the permitted time in order that the person may carry out urgent, essential or official\nduties.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1527\n(2) Where permission is granted under subclause (1), the local government, the CEO or an authorised\nperson may prohibit the use by any other vehicle of that portion of the thoroughfare or parking\nfacility to which the permission relates, for the duration of that permission.\nPART 4—PARKING AND STOPPING GENERALLY\n4.1 No stopping and no parking signs, and yellow edge lines\n(1) A driver shall not stop on a length of carriageway, or in an area, to which a ‘no stopping’ sign\napplies.\n(2) A driver shall not stop on a length of carriageway or in an area to which a ‘no parking’ sign\napplies, unless the driver is—\n(a) dropping off, or picking up, passengers or goods;\n(b) does not leave the vehicle unattended; and\n(c) completes the dropping off, or picking up, of the passengers or goods within 2 minutes of\nstopping and drives on.\nunattended, in relation to a vehicle, means that the driver has left the vehicle so that the driver\nis more than 3 metres from the closest point of the vehicle.\n(3) A driver shall not stop at the side of a carriageway marked with a continuous yellow edge line.\nPART 5—STOPPING IN ZONES FOR PARTICULAR VEHICLES\n5.1 Stopping in a loading zone\nA person shall not stop a vehicle in a loading zone unless it is–\n(a) a commercial vehicle used for commercial or trade purposes engaged in the picking up or\nsetting down of goods; or\n(b) in accordance with the sign associated with the loading zone,\nand, in any event, shall not remain in that loading zone–\n(c) for longer than a time indicated on the ‘loading zone’ sign; or\n(d) longer than 15 minutes (if no time is indicated on the sign).\n5.2 Stopping in a taxi zone or a bus zone\n(1) A driver shall not stop in a taxi zone, unless the driver is driving a taxi.\n(2) A driver shall not stop in a bus zone unless the driver is driving a public bus, or a bus of a type\nthat is permitted to stop at the bus zone by information on or with the ‘bus zone’ sign applying to the\nbus zone.\n5.3 Stopping in a mail zone\nA person shall not stop a vehicle in a mail zone.\n5.4 Other limitations in zones\nA person shall not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would\nbe contrary to any limitation in respect to classes of persons or vehicles, or specific activities allowed,\nas indicated by additional words on a traffic sign that applies to the zone.\nPART 6—OTHER PLACES WHERE STOPPING IS RESTRICTED\n6.1 Stopping in a shared zone\nA driver shall not stop in a shared zone unless—\n(a) the driver stops at a place on a length of carriageway, or in an area, to which a parking\ncontrol sign applies and the driver is permitted to stop at that place under this local law;\n(b) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under\nthis local law;\n(c) the driver is dropping off, or picking up, passengers or goods; or\n(d) the driver is engaged in door-to-door delivery or collection of goods, or in the collection of\nwaste or garbage.\n6.2 Double parking\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is between any other stopped\nvehicle and the centre of the carriageway.\n(2) This clause does not apply to—\n(a) a driver stopped in traffic; or\n(b) a driver angle parking on the side of the carriageway or in a median strip parking area, in\naccordance with this local law.\n6.3 Stopping near an obstruction\nA driver shall not stop on a carriageway near an obstruction on the carriageway in a position that\nfurther obstructs traffic on the carriageway.\n\n","sortOrder":39},{"sectionNumber":"1528","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1528 GOVERNMENT GAZETTE, WA 22 April 2021\n6.4 Stopping on a bridge or in a tunnel, etc.\n(1) A driver shall not stop a vehicle on a bridge, causeway, ramp or similar structure unless—\n(a) the carriageway is at least as wide on the structure as it is on each of the approaches and a\ntraffic sign does not prohibit stopping or parking; or\n(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking\ncontrol sign applies and the driver is permitted to stop at that place under this local law.\n(2) A driver shall not stop a vehicle in a tunnel or underpass unless—\n(a) the carriageway is at least as wide in the tunnel or underpass as it is on each of the\napproaches and a traffic sign does not prohibit stopping or parking; or\n(b) the driver of a motor vehicle stops at a bus stop, or in a bus zone or parking area marked on\nthe carriageway, for the purpose of setting down or taking up passengers.\n6.5 Stopping on crests, curves, etc.\n(1) Subject to subclause (2), a driver shall not stop a vehicle on, or partly on, a carriageway, in any\nposition where it is not visible to the driver of an overtaking vehicle, from a distance of 50 metres\nwithin a built-up area, and from a distance of 150 metres outside a built-up area.\n(2) A driver may stop on a crest or curve on a carriageway that is not in a built-up area if the driver\nstops at a place on the carriageway, or in an area, to which a parking control sign applies and the\ndriver is permitted to stop at that place under this local law.\n6.6 Stopping near a fire hydrant etc\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is within 1 metre of a fire\nhydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug,\nunless—\n(a) the driver is driving a public bus, and the driver stops in a bus zone or at a bus stop and does\nnot leave the bus unattended; or\n(b) the driver is driving a taxi, and the driver stops in a taxi zone and does not leave the taxi\nunattended.\n(2) In this clause a driver leaves the vehicle ‘unattended’ if the driver leaves the vehicle so the driver\nis over 3 metres from the closest point of the vehicle.\n6.7 Stopping at or near a bus stop\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is within 20 metres of the\napproach side of a bus stop, or within 10 metres of the departure side of a bus stop, unless—\n(a) the vehicle is a public bus stopped to take up or set down passengers; or\n(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking\ncontrol sign applies and the driver is permitted to stop at that place under this local law.\n(a) distances are measured in the direction in which the driver is driving; and\n(b) a trailer attached to a public bus is deemed to be a part of the public bus.\n6.8 Stopping on a path, median strip, or traffic island\nThe driver of a vehicle (other than a bicycle or an animal) shall not stop so that any portion of the\nvehicle is on a path, traffic island or median strip, unless the driver stops in an area, to which a\nparking control sign applies and the driver is permitted to stop at that place under this local law.\n6.9 Stopping on verge\n(a) stop a vehicle (other than a bicycle);\n(b) stop a commercial vehicle or bus, or a trailer or caravan unattached to a motor vehicle; or\n(c) stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a\nsign adjacent and referable to that verge,\nso that any portion of it is on a verge.\n(2) Subclause (1)(a) does not apply to the person if he or she is the owner or occupier of the premises\nadjacent to that verge, or is a person authorised by the occupier of those premises to stop the vehicle\nso that any portion of it is on the verge.\n(3) Subclause (1)(b) does not apply to a commercial vehicle when it is being loaded or unloaded with\nreasonable expedition with goods, merchandise or materials collected from or delivered to the\npremises adjacent to the portion of the verge on which the commercial vehicle is parked, provided no\nobstruction is caused to the passage of any vehicle or person using a carriageway or a path.\n6.10 Obstructing access to and from a path, driveway, etc.\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is in front of a path, in a position\nthat obstructs access by vehicles or pedestrians to or from that path, unless—\n(a) the driver is dropping off, or picking up, passengers; or\n(b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall\nunder this local law.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1529\n(2) A driver shall not stop a vehicle on or across a driveway or other way of access for vehicles\ntravelling to or from adjacent land, unless—\n(a) the driver is dropping off, or picking up, passengers; or\n(b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall\nunder this local law.\n6.11 Stopping near a letter box\nA driver shall not stop a vehicle so that any portion of the vehicle is within 3 metres of a public letter\nbox, unless the driver—\n(a) is dropping off, or picking up, passengers or mail; or\n(b) stops at a place on a length of carriageway, or in an area, to which a parking control sign\napplies and the driver is permitted to stop at that place under this local law.\n6.12 Stopping on a carriageway—heavy and long vehicles\n(1) A person shall not park a vehicle or any combination of vehicles that, together with any projection\non, or load carried by, the vehicle or combination of vehicles, is 7.5 metres or more in length or\nexceeds a GVM of 4.5 tonnes—\n(a) on a carriageway in a built-up area, for any period exceeding 1 hour, unless engaged in the\npicking up or setting down of goods; or\n(b) on a carriageway outside a built-up area, except on the shoulder of the carriageway, or in a\ntruck bay or other area set aside for the parking of goods vehicles.\n(2) Nothing in this clause mitigates the limitations or condition imposed by any other clause or by any\nlocal law or traffic sign relating to the parking or stopping of vehicles.\n6.13 Stopping on a carriageway with a bicycle parking sign\nThe driver of a vehicle (other than a bicycle) shall not stop on a length of carriageway to which a\n‘bicycle parking’ sign applies, unless the driver is dropping off, or picking up, passengers.\n6.14 Stopping on a carriageway with motor cycle parking sign\nThe driver of a vehicle shall not stop on a length of carriageway, or in an area, to which a ‘motor cycle\nparking’ sign applies, or an area marked ‘M/C’ unless—\n(a) the vehicle is a motor cycle; or\n(b) the driver is dropping off, or picking up, passengers.\n6.15 Stopping in a parking stall for people with disabilities\n(1) A driver shall not stop in a parking area for people with disabilities unless–\n(a) the driver’s vehicle displays a current ACROD sticker; and\n(b) the ACROD sticker must be valid for either the driver or the passenger in that vehicle.\n(2) In this clause a ‘parking area for people with disabilities’ is a length or area–—\n(a) to which a ‘permissive parking’ sign displaying a people with disabilities symbol applies;\n(b) to which a ‘people with disabilities parking’ sign applies; or\n(c) indicated by a road marking (a ‘people with disabilities road marking’) that consists of, or\nincludes, a people with disabilities symbol.\nPART 7—RESIDENTIAL PARKING PERMITS\n7.1 Residential Parking Permit\n(1) A person may apply for a permit to park a vehicle on a thoroughfare provided the person is–\n(a) An occupier of a lot abutting that thoroughfare; and\n(b) The holder of the requisite vehicle licence under the Road Traffic Act for the vehicle; and\n(c) Subject to subclause (2) described on the vehicle licence as residing at the lot.\n(2) An applicant for a permit who is not described in accordance with subclause (1)(c), may apply for a\ntemporary permit by stating (by way of a statutory declaration) on an application for such he or she\nresides at that lot.\n(3) An application for a permit shall be made in the form determined by the local government.\n(4) The local government may in respect of an application for a permit for the purpose of subclause (1)\nor (2)—\n(a) Approve it and issue a permit, or\n(b) Approve it subject to such conditions as the local government considers appropriate; or\n(c) Refuse to approve it.\n(5) Where the local government makes a decision under subclauses (4)(a) or (b), it shall issue a permit\nin the form determined by it to the person who applied for the permit.\n(6) A temporary permit issued for the purpose of subclause (2)—\n(a) Will expire 3 months after it is issued; and\n(b) Is not renewable or transferable.\n\n","sortOrder":40},{"sectionNumber":"1530","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1530 GOVERNMENT GAZETTE, WA 22 April 2021\n(7) A permit issued for the purpose of subclause (1) may be either—\n(a) A Permit issued for a period not exceeding one year and expiring on 31 December in the year\nof issue; or\n(b) A temporary permit, issued for a period not exceeding 3 months from the date of issue.\n(8) Every permit issued for the purpose of subclause (1) is to specify—\n(a) A permit number; and\n(b) The registration number of the vehicle linked to the permit;\n(c) The name of the thoroughfare to which the exemption granted by clause 7.2 applies; and\n(d) The date on which it expires.\n7.2 Condition of exemption for residential parking permits\nWhere parking of a vehicle on any part of a thoroughfare within the district is prohibited for more\nthan a specified time, or without an unexpired parking ticket being displayed within the vehicle, the\nholder of a permit issued under clause 7.1 is exempted from such prohibitions if—\n(a) The vehicle is parked on a thoroughfare specified in the permit, but not adjacent to retail\npremises where parking of all vehicles is subject to time restriction;\n(b) The permit is affixed to the windscreen of the vehicle in a prominent position;\n(c) The period in respect to the permit was issued has expired; and\n(d) If the holder of the permit at the time of parking the vehicle still resides at the lot in respect\nof which the permit was issued.\n7.3 Removal and cancellation of residential parking permit\n(a) The holder of a permit issued subject to clause 7.1 and who changes place of residence or\nvehicle shall advise the local government and remove the permit from the vehicle to which it\nis affixed.\n(b) The permit shall be deemed to be cancelled on and from the date the holder changes residence\nor vehicle.\nPART 8—MISCELLANEOUS\n8.1 Removal of notices on vehicle\nA person, other than the driver of the vehicle or a person acting under the direction of the driver of\nthe vehicle, shall not remove from the vehicle any notice put on the vehicle by an authorised person.\n8.2 Unauthorised signs and defacing of signs\nA person shall not without the authority of the local government—\n(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or\nexhibited by the local government under this local law;\n(b) remove, deface or misuse a sign or property, set up or exhibited by the local government\nunder this local law or attempt to do any such act; or\n(c) affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign\nset up or exhibited by the local government under this local law.\n8.3 Signs must be complied with\nAn inscription or symbol on a sign operates and has effect according to its tenor and a person\ncontravening the direction on a sign commits an offence under this local law.\n8.4 General provisions about signs\n(1) A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the\nabsence of evidence to the contrary presumed to be a sign marked, erected, set up, established or\ndisplayed under the authority of this local law.\n(2) The first three letters of any day of the week when used on a sign indicate that day of the week.\n8.5 Special purpose and emergency vehicles\nNotwithstanding anything to the contrary in this local law, the driver of—\n(a) a special purpose vehicle may, only in the course of his or her duties and when it is expedient\nand safe to do so, stop, or park the vehicle in any place, at any time; and\n(b) an emergency vehicle may, in the course of his or her duties and when it is expedient and safe\nto do so or where he or she honestly and reasonably believes that it is expedient and safe to\ndo so, stop, or park the vehicle at any place, at any time.\n8.6 Vehicles not to obstruct a public place\n(1) A person shall not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the\nuse of any part of that public place without the permission of the local government or unless\nauthorised under any written law.\n(2) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding\n24 hours.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1531\n8.7 Name, address and date of birth to be given on demand\n(1) An authorised person or a member of the police force who finds a person committing, or who on\nreasonable grounds suspects a person of having committed a breach of the provisions of these local\nlaws, may demand from that person their name, place of abode and date of birth.\n(2) If a person without lawful excuse refuses to state his or her name, place of abode and date of birth\nor who states a false name, place of abode and date of birth, commits an offence.\n8.8 Causing or attempting to cause damage to Council Property\nA person shall not cause or attempt to cause damage to the property of the local government in any\nway.\n8.9 Hindrance of authorised person\nA person shall not in any way obstruct or hinder an authorised person in the execution of his or her\nduties.\nPART 9—PENALTIES\n9.1 Offences and penalties\n(2) Any person who commits an offence under this local law shall be liable, upon conviction, to a\npenalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not\nexceeding $500 for each day or part of a day during which the offence has continued.\n(3) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of\n(4) The number of modified penalty units for the prescribed offence is the number specified adjacent\nto the clause in Schedule 2.\n9.2 Form of notices\nFor the purposes of this local law–\n(a) the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of\nthe Local Government (Functions and General) Regulations 1996;\n(b) the form of the infringement notice referred to in section 9.17 of the Act is that of Form 2 in\nSchedule 1 of the Local Government (Functions and General) Regulations 1996; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 Schedule 1 of the\nLocal Government (Functions and General) Regulations 1996.\n————\nSCHEDULE 1—PARKING REGION\n(Clause 1.4)\nThe parking region is the whole of the district, but excludes the following portions of the district—\n1. the approach and departure prohibition areas of all existing and future traffic control signal\ninstallations as determined by the Commissioner of Main Roads;\n2. prohibition areas applicable to all existing and future bridges and subways as determined by\nthe Commissioner of Main Roads; and\n3. any road which comes under the control of the Commissioner of Main Roads unless the\ncontrol of parking and parking facilities on that road is carried out subject to the control and\ndirection of the Commissioner of Main Roads or has been delegated by the Commissioner to\nthe local government.\n————\nSCHEDULE 2—PRESCRIBED OFFENCES\n(Clause 9.1(2))\nItem\nNo.\n1 2.2 Failure to park wholly within parking stall 5\n2 2.2(4) Failure to park wholly within parking area 5\n3 2.3(1)(a) Causing obstruction in parking station 10\n4 2.3(1)(b) Parking contrary to sign in parking station 5\n5 2.3(1)(c) Parking contrary to directions of authorised person 10\n6 2.3(1)(d) Parking or attempting to park a vehicle in a parking stall\noccupied by another vehicle\n7 3.1(1)(a) Parking wrong class of vehicle 5\n8 3.1(1)(b) Parking by persons of a different class 5\n\n","sortOrder":41},{"sectionNumber":"1532","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1532 GOVERNMENT GAZETTE, WA 22 April 2021\nItem\nNo.\n9 3.1(1)(c) Parking during prohibited period 8\n10 3.1(3)(a) Parking in no parking area 8\n11 3.1(3)(b) Parking contrary to signs or limitations 5\n12 3.1(3)(c) Parking vehicle in motor cycle only area 5\n13 3.1(4) Parking motor cycle in stall not marked ‘M/C’ 5\n14 3.1(5) Parking without permission in an area designated for\n‘Authorised Vehicles Only’\n15 3.2(1)(a) Failure to park on the left of two-way carriageway 8\n16 3.2(1)(b) Failure to park on boundary of one-way carriageway 8\n17 3.2(1)(a) or\n3.2(1)(b)\nParking against the flow of traffic 8\n18 3.2(1)(c) Parking when distance from farther boundary less than\n3 metres\n19 3.2(1)(d) Parking closer than 1 metre from another vehicle 5\n20 3.2(1)(e) Causing obstruction 10\n21 3.3(b) Failure to park at approximate right angle 5\n22 3.4(2) Failure to park at an appropriate angle 5\n23 3.5(2)(a) and 6.2 Double parking 10\n24 3.5(2)(b) Parking on or adjacent to a median strip 8\n25 3.5(2)(c) Denying access to private drive or right of way 20\n26 3.5(2)(d) Parking beside excavation or obstruction so as to obstruct\ntraffic\n27 3.5(2)(e) Parking within 10 metres of traffic island 10\n28 3.5(2)(f) Parking on footpath/pedestrian crossing 10\n29 3.5(2)(g) Parking contrary to continuous line markings 10\n30 3.5(2)(h) Parking on intersection 10\n31 3.5(2)(i) Parking within 1 metre of fire hydrant or fire plug 10\n32 3.5(2)(j) Parking within 3 metres of public letter box 10\n33 3.5(2)(k) Parking within 10 metres of intersection 10\n34 3.5(3)(a) or (b) Parking vehicle within 10 metres of departure side of bus\nstop, children’s crossing or pedestrian crossing\n35 3.5(4)(a) or (b) Parking vehicle within 20 metres of approach side of bus\nstop, children’s crossing or pedestrian crossing\n36 3.6 Parking contrary to direction of authorised person 10\n37 3.7(2) Removing mark of authorised person 10\n38 3.8 Moving vehicle to avoid time limitation 10\n39 3.9(a) Parking in thoroughfare for purpose of sale 10\n40 3.9(b) Parking unlicensed vehicle in thoroughfare 10\n41 3.9(c) Parking a trailer/caravan on a thoroughfare 10\n42 3.9(d) Parking in thoroughfare for purpose of repairs 10\n43 3.10(2) or (3) Parking on land that is not a parking facility without\nconsent\n44 3.10(3) Parking on land not in accordance with consent 10\n45 3.11 Driving or parking on reserve 15\n46 4.1(1) Stopping contrary to a ‘no stopping’ sign 10\n47 4.1(2) Parking contrary to a ‘no parking’ sign 8\n48 4.1(3) Stopping within continuous yellow lines 10\n49 5.1 Stopping unlawfully in a loading zone 8\n50 5.2 Stopping unlawfully in a taxi zone or bus zone 8\n51 5.3 Stopping unlawfully in a mail zone 10\n52 5.4 Stopping in a zone contrary to a sign 5\n53 6.1 Stopping in a shared zone 5\n54 6.3 Stopping near an obstruction 10\n55 6.4 Stopping on a bridge or tunnel 10\n56 6.5 Stopping on crests/curves etc 10\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1533\nItem\nNo.\n57 6.6 Stopping near fire hydrant 10\n58 6.7 Stopping near bus stop 10\n59 6.8 Stopping on path, median strip or traffic island 10\n60 6.9 Stopping on verge 5\n61 6.10 Obstructing path, a driveway etc 10\n62 6.11 Stopping near letter box 10\n63 6.12 Stopping heavy or long vehicles on carriageway 10\n64 6.13 Stopping in bicycle parking area 5\n65 6.14 Stopping in motorcycle parking area 5\n66 6.15 Stopping in a disabled parking area 50\n67 7.3 Failure to remove permit when residence or vehicle\nchanged\n68 8.1 Removal notices from a vehicle 10\n69 8.2 Unauthorised signs and defacing of signs 50\n70 8.6 Leaving vehicle so as to obstruct a public place 10\n71 8.7 Name, address and date of birth to be given on demand 10\n72 8.8 Causing or attempting to cause damage to Council\nProperty\n73 8.9 Hindrance of authorised person 20\n74 9.1(1) All other offences not specified 5\n————\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1535\nPENALTY UNITS LOCAL LAW 2021\nUnder the powers conferred by the Local Government Act 1995, and all other powers enabling it, the\nCouncil of the Shire of Peppermint Grove resolved on 23 February 2021 to make the following local\nlaw.\n1. Citation\nThis local law may be cited as the Shire of Peppermint Grove Penalty Units Local Law 2021.\n2. Commencement\nThe local law comes into operation 14 days after the date of publication in the Government Gazette.\n3. Penalty units\n(a) In this clause a local law means a local law made by the Shire of Peppermint Grove.\n(b) Where a local law expresses a modified penalty as a number of penalty units, the monetary\nvalue of the modified penalty is the number of dollars obtained by multiplying the value of\nthe penalty unit by the number of penalty units.\n4. Penalty unit value\nThe value of a penalty unit is $10.00.\n5. Application\nThis local law applies to the district of the Shire of Peppermint Grove.\n————\nThe Common Seal of the Shire of Peppermint Grove was hereunto affixed by authority of its Council\nin the presence of—\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1537\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nWASTE LOCAL LAW 2021\nUnder the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007, the Local\nGovernment Act 1995 and under all other enabling powers, the Council of the Shire of Peppermint\nGrove resolved on 23 February 2021 to make the following local law.\n1.1 Short Title\nThis is the Shire of Peppermint Grove Waste Local Law 2021.\nThis local law commences 14 days after the day on which it is published in the Government Gazette.\n1.4 Meaning of terms used in this local law\n(1) In this local law—\nauthorised person means a person appointed by the local government under section 9.10 of the\nLG Act to perform any of the functions of an authorised person under this local law;\ncollectable waste means local government waste that is not—\n(a) liquid refuse;\n(b) liquid waste; or\n(c) non-collectable waste;\ncollectable waste receptacle means a receptacle for the deposit and collection of collectable\nwaste that is—\n(a) a recycling waste receptacle;\n(b) a general waste receptacle; or\n(c) an organic waste receptacle;\ncollection when used in relation to a receptacle, means the collection and removal of collectable\nwaste from the receptacle by the local government or its contractor;\ncollection day means the day determined by the local government for the collection of collectable\nwaste in the district or a part of the district;\ncollection time means the time on the collection day determined by the local government for the\ncollection of collectable waste in the district or a part of the district;\ncosts of the local government include administrative costs;\ngeneral waste receptacle means a receptacle for the deposit and collection of collectable waste\nthat is not recycling waste;\nLG Act means the Local Government Act 1995;\nLG Regulations means the Local Government (Functions and General) Regulations 1996;\nlocal government means Shire of Peppermint Grove;\nlocal government waste has the same meaning as in the WARR Act;\nnon-collectable waste has the meaning set out in Schedule 1;\noccupier in relation to premises, means any or all of the following—\n(a) a person by whom or on whose behalf the premises are actually occupied; or\n(b) a person having the management or control of the premises;\n\n","sortOrder":42},{"sectionNumber":"1538","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1538 GOVERNMENT GAZETTE, WA 22 April 2021\norganic waste means waste that decomposes readily, such as garden waste or food waste;\norganic waste receptacle means a receptacle for the deposit and collection of organic waste;\nowner has the same meaning as in the LG Act;\npenalty unit means the value of a penalty unit prescribed by the local government in clause 4 of\nthe Shire of Peppermint Grove Penalty Units Local Law 2021;\npublic place includes a place to which the public ordinarily have access, whether or not by\npayment of a fee;\nreceptacle means a receptacle—\n(a) that has been supplied for the use of the premises by the local government or its\ncontractor, or which has otherwise been approved by the local government; and\n(b) the waste from which is collected and removed from the premises by the local government\nor its contractor;\nrecycling waste receptacle means a receptacle for the deposit and collection of recycling waste;\nrecycling waste means—\n(a) paper and cardboard;\n(b) plastic containers comprised of polyethylene terephthalate or high density polyethylene;\n(c) glass containers;\n(d) steel containers;\n(e) aluminium containers;\n(f) liquid paper board; and\n(g) any other waste determined by the local government to be recycling waste;\nspecified means specified by the local government or an authorised person, as the case may be;\nstreet alignment means the boundary between the land comprising a street and the land that\nabuts the street;\nWARR Act means the Waste Avoidance and Resource Recovery Act 2007;\nWARR Regulations means the Waste Avoidance and Resource Recovery Regulations 2008;\nwaste has the same meaning as in the WARR Act;\nwaste facility means a waste facility, as defined in the WARR Act, that is operated by the local\ngovernment; and\nwaste service has the same meaning as in the WARR Act.\n(2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and\noccupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or\noccupiers.\n1.5 Local public notice of determinations\nWhere, under this local law, the local government has a power to determine a matter—\n(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;\n(b) the determination becomes effective only after local public notice has been given;\n(c) the determination remains in force for the period of one year after the date that local public\nnotice has been given under subclause (a);\n(d) after the period referred to in subclause (c), the determination continues in force only if, and\nfor so long as, it is the subject of local public notice, given annually, under section 1.7 of the\nLG Act; and\n(e) the determination must be recorded in a publicly accessible register of determinations that\nmust be maintained by the local government.\n1.6 Rates, fees and charges\nThe local government’s powers to impose rates, fees and charges in relation to waste services are set\nout in sections 66 to 68 of the WARR Act and sections 6.16 and 6.17 of the LG Act.\n1.7 Power to provide waste services\nThe local government’s power to provide, or enter into a contract for the provision of waste services is\ndealt with in section 50 of the WARR Act.\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Supply of receptacles\n(1) The local government is to supply, for the use of each premises that are, or are capable of being,\noccupied or used for residential purposes, one or more receptacles for the collection and removal, from\nthose premises, of collectable waste.\n(2) The owner of premises to which subclause (1) applies must—\n(a) ensure that the fee or charge (if any) imposed by the local government in relation to each\nreceptacle is paid to the local government; and\n(b) ensure that each receptacle is used, in respect of those premises, in accordance with this local\nlaw.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1539\n2.2 Deposit of waste in receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any\nnon-collectable waste.\n(2) A person must not deposit waste in a receptacle that has been provided for the use of other\npremises without the consent of the owner or occupier of those premises.\n2.3 General waste receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste\n(a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable\nwaste; or\n(b) where the receptacle has any other capacity—more than the weight determined by the local\n(2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any recycling waste.\n(3) Where the local government supplies organic waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any organic waste.\n2.4 Recycling waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in a recycling waste\n(a) anything other than the particular type of recycling waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of recycling waste;\nor\n(c) where the receptacle has any other capacity—more than the weight determined by the local\n2.5 Organic waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in an organic waste\n(a) anything other than the particular type of organic waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or\n(c) where the receptacle has any other capacity—more than the weight determined by the local\n2.6 Direction to place or remove a receptacle\n(1) The local government or an authorised person may give a written direction to an owner or occupier\nof specified premises—\n(a) to place a receptacle in respect of those premises for collection; or\n(b) to remove a receptacle in respect of those premises after collection.\n(2) The direction under subclause (1) may specify when the placement or removal is to occur, or where\nthe receptacle is to be placed, or both.\n(3) An owner or occupier of premises must comply with a direction given under this clause.\n2.7 Duties of owner or occupier\nAn owner or occupier of premises must—\n(a) except for a reasonable period before and after collection time, keep each receptacle in a\nstorage space or area that is behind the street alignment;\n(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the\npremises, or other area as determined by the local government, ensure that, within a\nreasonable period before collection time, each receptacle is—\n(i) within 1 metre of the carriageway;\n(ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way or\ncarriageway; and\n(iii) facing squarely to the edge of and opening towards the carriageway,\nor in such other position as is approved in writing by the local government or an authorised\nperson;\n(c) take reasonable steps to ensure that the premises are provided with an adequate number of\nreceptacles; and\n(d) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as\npracticable, after the event.\n2.8 Exemption\n(1) An owner or occupier of premises may apply in writing to the local government for an exemption\nfrom compliance with the requirements of clause 2.7(a) or (b).\n\n","sortOrder":43},{"sectionNumber":"1540","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1540 GOVERNMENT GAZETTE, WA 22 April 2021\n(2) The local government or an authorised person may grant, with or without conditions, or refuse an\napplication for exemption from compliance under this clause.\n(3) An exemption granted under this clause must state—\n(a) the premises to which the exemption applies;\n(b) the period during which the exemption applies; and\n(c) any conditions imposed by the local government or the authorised person.\n(4) An exemption granted under this clause ceases to apply—\n(a) if the local government decides, on reasonable grounds, that there has been a failure to\ncomply with a condition of the exemption; and\n(b) from the date that the local government informs the owner or occupier of its decision under\nclause 2.8(4)(a).\n2.9 Damaging or removing receptacles\nA person, other than the local government or its contractor, must not—\n(a) damage, destroy or interfere with a receptacle; or\n(b) except as permitted by this local law or as authorised by the local government or an\nauthorised person, remove a receptacle from any premises to which it was delivered by the\nlocal government or its contractor.\n2.10 Verge collections\n(1) Where the local government has advertised a verge waste collection (such as a green waste, or a\nbulk waste, verge collection) a person, unless with and in accordance with the approval of the local\ngovernment or an authorised person—\n(a) must deposit waste only during the period of time, and in accordance with other terms and\nconditions, as advertised by the local government in relation to that verge waste collection;\nand\n(b) must otherwise comply with those terms and conditions.\n(2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove\nany of that waste for a commercial purpose but may remove it for any other purpose.\n(3) Except where waste is lawfully removed from a verge under this clause, a person must not\ndisassemble or tamper with any waste deposited on a verge for a verge waste collection so as to\nincrease the risk of harm to any person.\n(4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the\nlocal government in relation to the verge waste collection.\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier\nAn owner or occupier of premises must—\n(a) take reasonable steps to ensure that a sufficient number of receptacles are provided to\ncontain all waste which accumulates or may accumulate in or from the premises;\n(b) ensure that each receptacle is kept in good condition and repair;\n(c) take all reasonable steps to—\n(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches,\nrodents and other vectors of disease;\n(ii) prevent the emission of offensive or noxious odours from each receptacle; and\n(iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining\npremises; and\n(d) whenever directed to do so by the local government or an authorised person, thoroughly\nclean, disinfect, deodorise and apply a residual insecticide to each receptacle.\n3.2 Removal of waste from premises\n(1) A person must not remove any waste from premises unless that person is—\n(a) the owner or occupier of the premises;\n(b) authorised to do so by the owner or occupier of the premises; or\n(c) authorised in writing to do so by the local government or an authorised person.\n(2) A person must not remove any waste from a receptacle without the approval of—\n(a) the local government or an authorised person; or\n(b) the owner or occupier of the premises at which the receptacle is ordinarily kept.\n3.3 Receptacles and containers for public use\nA person must not, without the approval of the local government or an authorised person—\n(a) deposit household, commercial or other waste from any premises on or into; or\n(b) remove any waste from,\na receptacle provided for the use of the general public in a public place.\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1541\n3.4 Waste control on building sites\nbuilding work means—\n(a) building work for which a building permit is required under the Building Act 2011; and\n(b) demolition work for which a demolition permit is required under the Building Act 2011;\nbuilding work waste means all waste from building work that is capable of being windblown;\nand\nreceptacle means a receptacle the waste from which is collected and removed otherwise than by\nthe local government or its contractor.\n(2) A person must not allow, commence or continue any building work on premises unless, at all times\nwhile the building work is being undertaken—\n(a) there is located on the premises, as close as practicable to the building work a receptacle with\na capacity of not less than four cubic metres, or as otherwise approved by the local\ngovernment, suitable for the collection and disposal of building work waste; and\n(b) building work waste is deposited and kept in the receptacle.\nPART 4—ENFORCEMENT\n4.1 Objection and appeal rights\nDivision 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary or\ncancel—\n(a) an approval under clause 2.7(b);\n(b) an exemption under clause 2.8(2);\n(c) an approval under clause 2.9(b);\n(d) an approval under clause 2.10(1);\n(e) an authorisation under clause 3.2(1)(c);\n(f) an approval under clause 3.2(2);\n(g) an approval under clause 3.3; and\n(h) an approval under clause 3.4(2)(a).\n4.2 Offences and general penalty\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law a person is prohibited from doing, commits an offence.\n(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding $500\nin respect of each day or part of a day during which the offence has continued.\n4.3 Other costs and expenses\n(1) A person who is convicted of an offence under this local law is to be liable, in addition to any\npenalty imposed under clause 4.2, to pay to the local government the costs and expenses incurred by\nthe local government in taking remedial action such as removing and lawfully disposing of toxic,\nhazardous or poisonous waste.\n(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to\nthe local government, in a court of competent civil jurisdiction.\n4.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of\nsection 9.16(1) of the LG Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 2.\nthe modified penalty is the number of dollars obtained by multiplying the number of penalty units by\nthe value of a penalty unit as prescribed in the Shire of Peppermint Grove Penalty Unit Local Law\n2021.\n4.5 Form of notices\n(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations.\n(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in\nSchedule 1 of the LG Regulations.\n(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of\nForm 3 in Schedule 1 of the LG Regulations.\n\n","sortOrder":44},{"sectionNumber":"1542","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2021","content":"1542 GOVERNMENT GAZETTE, WA 22 April 2021\nSCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’\n[Clause 1.4(1)]\nnon-collectable waste means—\n(a) hot or burning material;\n(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,\npesticides, oils, gas cylinders, batteries, chemicals and heavy metals;\n(c) any other hazardous material, such as radioactive waste;\n(d) any explosive material, such as flares or ammunition;\n(e) electrical and electronic equipment;\n(f) hospital, medical, veterinary, laboratory or pathological substances;\n(g) construction or demolition waste;\n(h) sewage;\n(i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste)\nRegulations 2004;\n(j) any object that is greater in length, width, or breadth than the corresponding dimension of\nthe receptacle or that will not allow the lid of the receptacle to be tightly closed;\n(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious\nodour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or\nimpervious material or placed in a sealed impervious and leak-proof container; and\n(l) any other waste determined by the local government to be non-collectable waste.\n————\nSCHEDULE 2—PRESCRIBED OFFENCES\nItem\nNo.\nNo. Description\nPenalty—\nnumber of\npenalty units\n1 2.1(2)(a) Failing to pay fee or charge 35\n2 2.1(2)(b) Failing to ensure lawful use of receptacle 35\n3 2.2(1) Depositing non-collectable waste in a receptacle 35\n4 2.2(2) Depositing waste in another receptacle without consent 35\n5 2.3(1) Exceeding weight capacity of a general waste receptacle 35\n6 2.3(2) and (3) Depositing unauthorised waste in a general waste\n7 2.4(a) Depositing unauthorised waste in a recycling waste\n8 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle 25\n9 2.5(a) Depositing unauthorised waste in an organic waste\n10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle 35\n11 2.6(3) Failing to comply with a direction concerning placement\nor removal of a receptacle\n12 2.7(a) Failing to keep a receptacle in the required location 25\n13 2.7(b) Failing to place a receptacle for collection in a lawful\nposition\n14 2.7(c) Failing to provide a sufficient number of receptacles 25\n15 2.7(d) Failing to notify of a lost, stolen, damaged or defective\n16 2.9(a) Damaging, destroying or interfering with a receptacle 40\n17 2.9(b) Removing a receptacle from premises 40\n18 2.10(1) Failing to comply with a term or condition of verge waste\ncollection\n19 2.10(2) Removing waste for commercial purposes 35\n20 2.10(3) Disassembling or leaving in disarray waste deposited for\ncollection\n21 3.1(a) Failing to provide a sufficient number of receptacles 25\n22 3.1(b) Failing to keep a receptacle clean and in a good condition\nand repair\n23 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a\n\n22 April 2021 GOVERNMENT GAZETTE, WA 1543\nItem\nNo.\nNo. Description\nPenalty—\nnumber of\npenalty units\n24 3.1(c)(ii) Failing to prevent the emission of offensive odours from\na receptacle\n25 3.1(c)(iii) Allowing a receptacle to cause a nuisance 35\n26 3.1(d) Failing to comply with a direction to clean, disinfect or\ndeodorise receptacle\n27 3.2(1) Unauthorised removal of waste from premises 25\n28 3.2(2) Removing waste from a receptacle without approval 25\n29 3.3(a) Depositing unauthorised waste into waste receptacle\nprovided for use of the general public\n30 3.3(b) Removing waste from waste receptacle provided for use\nof the general public\n31 3.4(2)(a) Failing to provide a suitable receptacle for building\nwaste\n32 3.4(2)(b) Failing to deposit and keep building waste in\n————\nDated this 9th of March 2021.\n————\nConsented to—\nMIKE ROWE, Chief Executive Officer,\nDepartment of Water and Environmental Regulation.\nDated this 3rd of February 2021.","sortOrder":45}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1271},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a comprehensive update of local laws for the Shire of Peppermint Grove. The 2021 laws repeal and replace 2001 versions, maintaining similar regulatory frameworks with modernised language and updated references. No significant scope expansion beyond typical local government functions is evident."},"complexity_factors":["Extensive cross-referencing to other legislation (Road Traffic Code 2000, Cat Act 2011, Dog Act 1976, Local Government Act 1995, etc.)","Multiple permit systems with varying conditions, durations, and renewal requirements","Detailed technical specifications (fence dimensions, angles, materials; parking stall measurements; waste receptacle capacities)","Nested exceptions and conditional logic throughout (e.g., 'unless', 'provided that', 'notwithstanding')","Eight separate but interrelated local laws published together","Schedule-based penalty systems with 50+ prescribed offences in some laws","Definitions sections with 20+ defined terms per law, many referencing external legislation","Transitional provisions preserving certain pre-existing approvals and signs"],"plain_english_summary":"The Shire of Peppermint Grove made eight local laws governing everyday life—public spaces and trading, cats and dogs, fencing, council property, parking, waste and penalty units—under state enabling acts.\n\nThey affect residents, businesses, pet owners, drivers and builders, giving the council powers to manage public safety, amenity and cleanliness, and to impose fines calculated using a $10 penalty unit."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The material supplied is broader than the single-titled 'Parking and Parking Facilities Local Law 2021'. The excerpt primarily contains the Activities in Thoroughfares and Public Places and Trading Local Law 2021 (regulating verge treatments, temporary crossings, advertising signs, animals/vehicles, shopping trolleys, stallholders, street entertainers and outdoor eating) and also includes other local laws (Cats, Dogs, Fencing, Local Government Property, Parking, Penalty Units, Waste). In short, the excerpt’s substantive focus is on activities and trading in public places rather than parking rules alone."},"complexity_factors":["Multiple overlapping permit regimes (verge works, advertising signs, stall/trader permits, outdoor eating, crossings) across Parts 2, 3, 5 and 6.","Extensive definitions and cross-references to State legislation (Local Government Act 1995, Road Traffic Code 2000, Building Act 2011, Food Act 2008, Liquor Control Act 1988, WARR Act) that layer obligations.","Large schedule of prescribed offences with differing modified penalties and enforcement paths (infringement notices, prosecution, cost recovery).","Broad discretion vested in the CEO and authorised persons to grant, condition, vary or cancel permits and to issue notices (creates administrative discretion and case-by-case decisioning).","Detailed technical requirements in Schedules (e.g. fencing/fence construction standards, structural certification) that may demand specialist compliance.","Appeals and objections routed into Division 1, Part 9 of the Local Government Act, producing procedural steps for review.","Transitional and deeming provisions (signs and pre-existing treatments) that complicate the effective date and continuity of obligations.","Enforcement tools include notice-backed remedial powers, direct cost-recovery as a debt, impoundment and daily penalties for continuing offences."],"plain_english_summary":"This excerpt from the Shire of Peppermint Grove’s Activities in Thoroughfares and Public Places and Trading Local Law 2021 regulates how people use verges, footpaths and other public places. It covers permissible verge treatments, temporary vehicle crossings and removal, advertising signs, animals and vehicles in public places (including horses and shopping trolleys), stallholders, street entertainers and outdoor eating.\n\nThe law requires permits for many specified activities (cl.2.2; 3.2; 5.16), lets the CEO and authorised officers set conditions and give notices (cl.1.4; cl.6.11; Part 9), and makes permit-holders or owners liable for fees, bonds and fines (cl.6.3; cl.9.2)."}},"importantCases":[],"_links":{"self":"/api/acts/parking-and-parking-facilities-local-law-2021","history":"/api/acts/parking-and-parking-facilities-local-law-2021/history","analysis":"/api/acts/parking-and-parking-facilities-local-law-2021/analysis","conflicts":"/api/acts/parking-and-parking-facilities-local-law-2021/conflicts","importantCases":"/api/acts/parking-and-parking-facilities-local-law-2021/important-cases","documents":"/api/acts/parking-and-parking-facilities-local-law-2021/documents"}}