{"id":"wa-local:busselton-city-of-parking-local-law-2020","name":"Parking Local Law 2020","slug":"parking-local-law-2020","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437318,"registerId":"wa-local:busselton-city-of-parking-local-law-2020-pdf-1775954206608","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5","sectionType":"section","heading":"January 2021 GOVERNMENT GAZETTE, WA 3","content":"5 January 2021 GOVERNMENT GAZETTE, WA 3\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"DEFINITIONS AND OPERATION","content":"PART 1—DEFINITIONS AND OPERATION\n1.3 Repeal\n1.4 Terms used\n1.5 Application of particular terms\n1.6 Application\n1.7 Pre-existing signs\n1.8 Classes of vehicles\n1.9 Part of thoroughfare to which sign applies\n1.10 Powers of the Council\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"PARKING STALLS, PARKING STATIONS AND PARKING AREAS","content":"PART 2—PARKING STALLS, PARKING STATIONS AND PARKING AREAS\n2.1 Determination of parking stalls, parking stations and parking areas\n2.2 Vehicles to be within parking stall on thoroughfare\n2.3 Parking prohibitions and restrictions\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"PARKING GENERALLY","content":"PART 3—PARKING GENERALLY\n3.1 Restrictions on parking in particular areas\n3.2 Parking vehicle on a carriageway\n3.3 When parallel and right-angled parking apply\n3.4 When angle parking applies\n3.5 General prohibitions on parking\n3.6 Authorised person may order vehicle on thoroughfare to be moved\n3.7 Authorised person may mark tyres\n3.8 No movement of vehicles to avoid time limitation\n3.9 No parking of vehicles exposed for sale and in other circumstances\n3.10 Parking on private land\n3.11 Parking on reserves\n3.12 Suspension of parking limitations for urgent, essential or official duties\n","sortOrder":3},{"sectionNumber":"Part 4","sectionType":"part","heading":"PARKING AND STOPPING GENERALLY","content":"PART 4—PARKING AND STOPPING GENERALLY\n4.1 No stopping and no parking signs, and yellow edge lines\n","sortOrder":4},{"sectionNumber":"Part 5","sectionType":"part","heading":"STOPPING IN ZONES FOR PARTICULAR VEHICLES","content":"PART 5—STOPPING IN ZONES FOR PARTICULAR VEHICLES\n5.1 Stopping in a loading zone\n5.2 Stopping in a taxi zone or a bus zone\n5.3 Stopping in a mail zone\n5.4 Other limitations in zones\n","sortOrder":5},{"sectionNumber":"Part 6","sectionType":"part","heading":"OTHER PLACES WHERE STOPPING IS RESTRICTED","content":"PART 6—OTHER PLACES WHERE STOPPING IS RESTRICTED\n6.1 Stopping in a shared zone\n6.2 Double parking\n6.3 Stopping near an obstruction\n\n","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"4 GOVERNMENT GAZETTE, WA 5 January 2021\n6.4 Stopping on a bridge or in a tunnel, etc.\n6.5 Stopping on crests, curves, etc.\n6.6 Stopping near a fire hydrant etc\n6.7 Stopping at or near a bus stop\n6.8 Stopping on a path, median strip, or traffic island\n6.9 Stopping on verge\n6.10 Obstructing access to and from a path, driveway, etc.\n6.11 Stopping near a letter box\n6.12 Stopping on a carriageway—heavy and long vehicles\n6.13 Stopping on a carriageway with a bicycle parking sign\n6.14 Stopping on a carriageway with motor cycle parking sign\n","sortOrder":7},{"sectionNumber":"Part 7","sectionType":"part","heading":"MISCELLANEOUS","content":"PART 7—MISCELLANEOUS\n7.1 Removal of notices on vehicle\n7.2 Unauthorised signs and defacing of signs\n7.3 Signs must be complied with\n7.4 General provisions about signs\n7.5 Special purpose and emergency vehicles\n7.6 Vehicles not to obstruct a public place\n","sortOrder":8},{"sectionNumber":"Part 8","sectionType":"part","heading":"ENFORCEMENT","content":"PART 8—ENFORCEMENT\n8.1 Legal proceedings\n8.2 Offences and penalties\nSCHEDULE 1—PARKING REGION\nSCHEDULE 2—PRESCRIBED OFFENCES\n\n5 January 2021 GOVERNMENT GAZETTE, WA 5\nUnder the powers conferred by the Local Government Act 1995 and under all powers enabling it, the\nCouncil of the City of Busselton resolved on 25 November 2020 to make the following local law.\nPART 1—Preliminary\nThis is the City of Busselton Parking Local Law 2020.\nThis local law comes into operation 14 days after it is published in the Government Gazette.\n1.3 Repeal\nThe Shire of Busselton Parking Local Law 2011, published in the Government Gazette on\n","sortOrder":9},{"sectionNumber":"30","sectionType":"section","heading":"November 2011, is repealed.","content":"30 November 2011, is repealed.\n1.4 Terms used\nIn this local law, unless the contrary intention appears—\nAct means the Local Government Act 1995;\nauthorised person means a person appointed by the Council or the CEO, under section 9.10 of\nthe Act, to perform any of the functions of an authorised person under this local law;\nauthorised vehicle means a vehicle authorised by the CEO or an authorised person, or under\nany written law, to be parked on a thoroughfare or parking facility;\nbicycle has the meaning given in the Code;\nbicycle path has the meaning given in the Code;\nbus has the meaning given in the Code;\nbus embayment has the meaning given in the Code;\nbus stop has the meaning given in the Code;\nbus zone has the meaning given in the Code;\ncaravan has the meaning given in the Caravans Parks and Camping Grounds Act 1995;\ncarriageway means—\n(a) a portion of thoroughfare that is improved, designed or ordinarily used for vehicular\ntraffic and includes the shoulders, and areas, including embayments, at the side or\ncentre of the carriageway, used for the stopping or parking of vehicles; and\n(b) where a thoroughfare has 2 or more of those portions divided by a median strip, the\nexpression means each of those portions, separately;\ncentre in relation to a carriageway, means a line or a series of lines, marks or other indications—\n(a) for a 2-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 in the Code;\nCEO means the Chief Executive Officer of the local government;\nCity means the City of Busselton;\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\nthe conveyance of materials used in any trade, business, industry or work whatsoever,\nother than a motor vehicle for the conveyance of passengers; and\n\n","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"6 GOVERNMENT GAZETTE, WA 5 January 2021\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;\nCouncil means the Council of the local government;\ndisability parking permit has the meaning given in the Local Government (Parking for People\nwith Disabilities) Regulations 2014;\ndistrict means the district of the local government;\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 in the Code;\nfootpath has the meaning given in the Code;\nGVM (which stands for ‘gross vehicle mass’), in relation to a vehicle, has the meaning given in the\nRoad Traffic (Vehicles) Act 2012;\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’;\nlocal government means the City of Busselton;\nmail zone has the meaning given in the Code;\nmedian strip has the meaning given in the Code;\nmotor cycle has the meaning given in 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 in the Code;\nno parking sign means a sign with—\n(a) the words ‘no parking’ in red letters on a white background; or\n(b) the letter ‘P’ within a red annulus and a red diagonal line across it on a white\nbackground;\nno stopping area has the meaning given in the Code;\nno stopping sign means a sign with—\n(a) the words ‘no stopping’ or ‘no standing’ in red letters on a white background; or\n(b) the letter ‘S’ within a red annulus and a red diagonal line across it on a white\nbackground;\noccupier has the meaning given in the Act;\nowner—\n(a) where used in relation to a vehicle licensed under the Road Traffic (Vehicles) Act 2012,\nmeans the person in whose name the vehicle has been registered under that Act;\n(b) where used in relation to any other vehicle, means the person who owns, or is entitled\nto possession 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 in the Code;\nparking area has the meaning given in the Code;\nparking facilities—\n(a) means land, buildings, shelters, parking stations, parking stalls and other facilities\nopen to the public generally for the parking of vehicles with or without charge; and\n(b) includes signs, notices and facilities used in connection 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 parking station which is marked or\ndefined 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 with or without charge;\npedestrian crossing has the meaning given in 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—\n(a) which belongs to the local government;\n(c) which is an ‘otherwise unvested facility’ within the meaning of section 3.53 of the Act;\nRoad Traffic Act means the Road Traffic Act 1974;\nSchedule means a Schedule to this local law;\n\n5 January 2021 GOVERNMENT GAZETTE, WA 7\nshared zone has the meaning given in the Code;\nsign includes a traffic sign, inscription, road marking, mark, structure or device, on which may be\nshown words, numbers, expressions or symbols, that is—\n(a) approved by the CEO or an authorised person; and\n(b) placed on or near a thoroughfare or within a parking station or reserve for the purpose\nof prohibiting, regulating, guiding, directing or restricting the parking and stopping of\nvehicles;\nspecial purpose vehicle has the meaning given in the Code;\nstop, in relation to a vehicle, has the meaning given in the Code;\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 is taken to include a reference to the\ncorresponding symbol;\ntaxi has the meaning given in the Code;\ntaxi zone has the meaning given in the Code;\nthoroughfare has the meaning given in the Act;\ntraffic island has the meaning given in the Code;\ntrailer has the meaning given in the Code;\nvehicle has the meaning given in the Road Traffic (Administration) Act 2008; 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 terms\n(1) For the purposes of the application of the terms ‘no parking area’ and ‘parking area’, an arrow\ninscribed on a traffic sign erected at an angle to the boundary of the carriageway is taken 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, the Road Traffic (Administration) Act 2008, the Road\nTraffic (Vehicles) Act 2012 or in the Code, then the term is to have the meaning given in one of those\nActs or the Code.\n1.6 Application\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.\n1.7 Pre-existing signs\n(1) A sign that—\n(a) was erected by the local government or the Commissioner of Main Roads before the\ncommencement of this local law; and\n(b) relates to the parking of vehicles within the parking region,\nis taken to have been erected by the local government under this local law.\n(2) An inscription, word, number, expression or symbol on a sign referred to in subclause (1) operates\nand has effect according to its tenor.\n(3) Where an inscription, word, number, expression or symbol relates to the stopping of vehicles, it is\ntaken to operate and have effect as if it related to the parking of vehicles.\n(4) Parts 2, 3, 4 and 5 of this local law do not apply to a bicycle parked at a bicycle rail or bicycle rack.\n1.8 Classes of vehicles\nFor the purposes 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.\n1.9 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 is\nto 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.\n\n","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"8 GOVERNMENT GAZETTE, WA 5 January 2021\n1.10 Powers of the Council\nThe Council may prohibit or regulate, by signs or otherwise, the stopping or parking of any vehicle or\nany class of vehicles in any part of the parking region but must do so consistently with this local law.\nPART 2—PARKING STALLS, PARKING STATIONS AND PARKING AREAS\n2.1 Determination of parking stalls, parking stations and parking areas\n(1) The Council may by resolution constitute, determine or vary—\n(a) parking stalls;\n(b) parking stations;\n(c) parking areas;\n(d) no parking areas;\n(e) no stopping areas;\n(f) permitted time and conditions of parking in parking stalls, parking stations and parking\nareas which may vary with the locality;\n(g) permitted classes of vehicles which may park in parking stalls, parking areas and parking\nstations;\n(h) permitted classes of persons who may park in specified parking stalls, parking stations and\nparking areas; and\n(i) the manner of parking in parking stalls, parking stations and parking areas.\n(2) Where the Council makes a determination under subclause (1), the CEO must give local public\nnotice of, and erect signs to give effect to, the determination.\n2.2 Vehicles to be within parking stall\n(1) Subject to subclauses (2), (3) and (4), a person must not park a vehicle in a parking stall otherwise\nthan—\n(a) parallel to and as close to the kerb as is practicable;\n(b) wholly within the stall; and\n(c) if in a thoroughfare, headed in the direction of the movement of traffic on the side of the\nthoroughfare in which the stall is situated.\n(2) Subject to subclause (3), where a parking stall is set out otherwise than parallel to the kerb, then a\nperson 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 must do so within the minimum number of parking stalls needed to park that\nvehicle.\n(4) A person must 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 CEO or an authorised person, park a vehicle on any part of\na 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) Despite subclause (1)(b), a driver may park a vehicle in a permissive parking stall or station\n(except in a parking area for people with disabilities) for twice the length of time allowed, provided\nthat—\n(a) the driver’s vehicle displays a current disability parking permit; and\n(b) a disabled person to which that disability parking permit relates is either the driver of the\nvehicle or a passenger in the vehicle.\nPART 3—PARKING GENERALLY\n3.1 Restrictions on parking in particular areas\n(1) Subject to subclause (3), a person must 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\n5 January 2021 GOVERNMENT GAZETTE, WA 9\n(2) Subclause (3) applies to a driver if—\n(a) the driver’s vehicle displays a current disability parking permit; and\n(b) a person with a disability to which the disability parking permit relates is either the driver of\nthe vehicle or a passenger in the vehicle.\n(3) The driver may park a vehicle in a thoroughfare, part of a thoroughfare or part of a parking\nstation, except in a thoroughfare or a part of a thoroughfare or part of a parking station to which a\ndisabled parking sign relates, for twice the period indicated on the sign.\n(4) A person must 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(5) A person must not, without the permission of the CEO or an authorised person, park a vehicle in\nan 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 must 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 bicycle, or a motorcycle without a trailer, 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 sign or by marks on the carriageway.\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\nmust 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 must\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 must 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) This clause does not apply to a vehicle that is permitted to be parked in a parking stall or to a\nbicycle in a bicycle rack.\n(2) Subclauses (3)(c), (e) and (g) do not apply to a vehicle that is permitted to be parked in a bus\nembayment.\n(3) Subject to any law relating to intersections with traffic control signals, a person must 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\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"10 GOVERNMENT GAZETTE, WA 5 January 2021\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\n2 continuous 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(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(4) A person must 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\n(5) A person must 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(6) A person must not park a vehicle so that any portion of the vehicle is within 20 metres of either\nthe approach side or the departure side of the nearest rail of a railway level crossing.\n3.6 Authorised person may order vehicle on thoroughfare to be moved\nThe driver of a vehicle must not park, or continue to park, that vehicle on any part of a thoroughfare\nin contravention of this 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 must not remove a mark made by an authorised person so that the purpose of the\naffixing of the 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 must\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 must 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 must 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 a motor vehicle which is not licensed under the Road Traffic (Vehicles)\nAct 2012;\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—\n(a) which belongs to the local government;\nAct 1997;\n\n5 January 2021 GOVERNMENT GAZETTE, WA 11\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 1.6(2).\n(2) A person must 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 must\nnot park a vehicle on the land otherwise than in accordance with the consent.\n3.11 Parking on reserves\nA 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, must not drive or park a vehicle on or over any portion of\na reserve other than on 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 CEO or an authorised person may, subject to the Code, permit a\nperson to park a vehicle in that portion of the thoroughfare or parking facility for longer than the\npermitted time to enable the person to carry out urgent, essential or official duties.\n(2) Where permission is granted under subclause (1) the CEO or an authorised person may, for the\nduration of that permission, prohibit the use by any other vehicle of that portion of the thoroughfare\nor parking facility to which the permission relates.\nPART 4—STOPPING GENERALLY\n4.1 No stopping and no parking signs, and yellow edge lines\n(1) In this clause, ‘unattended’, in relation to a vehicle, means that the driver of the vehicle has left\nthe vehicle and the driver is more than 3 metres from the closest point to the vehicle.\n(2) A driver must not stop on a length of carriageway, or in an area, to which a ‘no stopping’ sign\napplies.\n(3) A driver must 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.\n(4) A driver must 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 must not stop a vehicle in a loading zone unless it is—\n(a) a motor vehicle used for commercial or trade purposes engaged in the picking up or setting\ndown of goods; or\n(b) a motor vehicle taking up or setting down passengers,\nbut, in any event, must not remain in that loading zone—\n(c) for longer than a time indicated on the ‘loading zone’ sign; or\n(d) longer than 30 minutes (if no time is indicated on the sign).\n5.2 Stopping in a taxi zone or a bus zone\n(1) A driver must not stop in a taxi zone, unless the driver is driving a taxi.\n(2) A driver must 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 must not stop a vehicle in a mail zone.\n5.4 Other limitations in zones\nA person must not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would\nbe contrary to the sign, including any limitation on the sign in respect of classes of persons or\nvehicles, or specific activities allowed.\nPART 6—OTHER PLACES WHERE STOPPING IS RESTRICTED\n6.1 Stopping in a shared zone\nA driver must 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\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"12 GOVERNMENT GAZETTE, WA 5 January 2021\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 must 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 must not stop on a carriageway near an obstruction on the carriageway in a position that\nfurther obstructs traffic on the carriageway.\n6.4 Stopping on a bridge or in a tunnel, etc.\n(1) A driver must 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(2) A driver must 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 must 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 sign applies and the driver is permitted\nto stop at that place under this local law.\n6.6 Stopping near a fire hydrant etc\n(1) A driver must 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,\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 must 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(a) distances are measured in the direction in which the driver is driving; and\n(b) a trailer attached to a public bus is taken 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) must not stop so that any portion of the\nvehicle is on a path, traffic island or median strip, unless the driver—\n(a) stops in an area to which a sign applies; and\n(b) 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\n5 January 2021 GOVERNMENT GAZETTE, WA 13\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 must 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(2) A driver must 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 must 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 sign applies and the\ndriver 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 must 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 one 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 affects the limitations or condition imposed by any other clause or by any\nlocal law or 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) must 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 must 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.\nPART 7—MISCELLANEOUS\n7.1 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, must not remove from the vehicle any notice put on the vehicle by an authorised person.\n7.2 Unauthorised signs and defacing of signs\nA person must not without the authority of the CEO or an authorised person—\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 on any part of a sign set\nup or exhibited by the local government under this local law.\n7.3 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.\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"14 GOVERNMENT GAZETTE, WA 5 January 2021\n7.4 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 3 letters of any day of the week when used on a sign indicate that day of the week.\n7.5 Special purpose and emergency vehicles\nDespite anything to the contrary in this local law—\n(a) the driver of a special purpose vehicle may, only in the course of his or her duties and when it\nis expedient and safe to do so, stop or park the vehicle in any place at any time; and\n(b) the driver of an emergency vehicle may, in the course of his or her duties and when it is\nexpedient and safe to do so or where he or she honestly and reasonably believes that it is\nexpedient and safe to do so, stop or park the vehicle at any place at any time.\n7.6 Vehicles not to obstruct a public place\n(1) A person must not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the\nuse of any part of that public place without the permission of the CEO or an authorised person, or\nunless authorised under any written law.\n(2) A person does not contravene subclause (1) if the vehicle is left for a period not exceeding 24 hours.\nPART 8—ENFORCEMENT\n8.1 Legal proceedings\nEvidentiary provisions relating to offences involving vehicles are contained in Division 2 of Part 9 of\nthe Act.\n8.2 Offences and penalties\n(1) A person who breaches a provision of this local law commits an offence.\n(2) An offence against any provision of this local law is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(3) A person who commits an offence under this local law is to be liable, on conviction, to a penalty not\nexceeding $5,000 and, if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\n(4) The amount appearing in the final column of Schedule 2 directly opposite a clause specified in that\nSchedule is the modified penalty for an offence against that clause.\n————\nPARKING REGION\n[Clause 1.6]\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————\nPARKING LOCAL LAW\n[Clause 8.2]\nItem\n1 2.2 Failure to park wholly within parking stall 60\n2 2.2(4) Failure to park wholly within parking area 60\n3 2.3(1)(a) Causing obstruction in parking station 60\n4 2.3(1)(b) Parking contrary to sign in parking station 60\n5 2.3(1)(c) Parking contrary to directions of authorised person 60\n\n5 January 2021 GOVERNMENT GAZETTE, WA 15\nItem\n6 2.3(1)(d) Parking or attempting to park a vehicle in a parking stall\noccupied by another vehicle 60\n7 3.1(1)(a) Parking wrong class of vehicle 60\n8 3.1(1)(b) Parking by persons of a different class 60\n9 3.1(1)(c) Parking during prohibited period 60\n10 3.1(4)(a) Parking in no parking area 60\n11 3.1(4)(b) Parking contrary to signs or limitations 60\n12 3.1(4)(c) Parking vehicle in motor cycle only area 60\n13 3.1(5) Parking without permission in an area designated for\n‘Authorised Vehicles Only’ 60\n14 3.2(1)(a) Failure to park on the left of two-way carriageway 100\n15 3.2(1)(b) Failure to park on boundary of one-way carriageway 60\n16 3.2(1)(a) or\n3.2(1)(b)\nParking against the flow of traffic\n17 3.2(1)(c) Parking when distance from farther boundary less than\n3 metres 60\n18 3.2(1)(d) Parking closer than 1 metre from another vehicle 60\n19 3.2(1)(e) Causing obstruction 100\n20 3.3(b) Failure to park at approximate right angle 60\n21 3.4(2) Failure to park at an appropriate angle 60\n22 3.5(3)(a) and\n6.2\nDouble parking\n23 3.5(3)(b) Parking on or adjacent to a median strip 60\n24 3.5(3)(c) Denying access to private drive or right of way 100\n25 3.5(3)(d) Parking beside excavation or obstruction so as to obstruct\ntraffic 100\n26 3.5(3)(e) Parking within 10 metres of traffic island 60\n27 3.5(3)(f) Parking on footpath/pedestrian crossing 100\n28 3.5(3)(g) Parking contrary to continuous line markings 60\n29 3.5(3)(h) Parking on intersection 100\n30 3.5(3)(i) Parking within 1 metre of fire hydrant or fire plug 100\n31 3.5(3)(j) Parking within 3 metres of public letter box 60\n32 3.5(3)(k) Parking within 10 metres of intersection 100\n33 3.5(4)(a) or\n(b)\nParking vehicle within 10 metres of departure side of bus\nstop, children’s crossing or pedestrian crossing 100\n34 3.5(5)(a) or\n(b)\nParking vehicle within 20 metres of approach side of bus stop,\nchildren’s crossing or pedestrian crossing 100\n35 3.5(6) Parking vehicle within 20 metres of approach side or\ndeparture side of railway level crossing 100\n36 3.6 Parking contrary to direction of authorised person 100\n37 3.7(2) Removing mark of authorised person 100\n38 3.8 Moving vehicle to avoid time limitation 60\n39 3.9(a) Parking in thoroughfare for purpose of sale 60\n40 3.9(b) Parking unlicensed vehicle in thoroughfare 100\n41 3.9(c) Parking a trailer/caravan on a thoroughfare 60\n42 3.9(d) Parking in thoroughfare for purpose of repairs 100\n43 3.10 (2) Parking on land that is not a parking facility without consent 100\n44 3.10(3) Parking on land not in accordance with consent 100\n45 3.11 Driving or parking on reserve 100\n46 4.1(2) Stopping contrary to a ‘no stopping’ sign 60\n47 4.1(3) Parking contrary to a ‘no parking’ sign 60\n48 4.1(4) Stopping within continuous yellow lines 60\n49 5.1 Stopping unlawfully in a loading zone 100\n50 5.2 Stopping unlawfully in a taxi zone or bus zone 100\n51 5.3 Stopping unlawfully in a mail zone 60\n52 5.4 Stopping in a zone contrary to a sign 60\n\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"16 GOVERNMENT GAZETTE, WA 5 January 2021\nItem\n53 6.1 Stopping in a shared zone 100\n54 6.3 Stopping near an obstruction 100\n55 6.4 Stopping on a bridge or tunnel 100\n56 6.5 Stopping on crests/curves etc 100\n57 6.6 Stopping near fire hydrant 100\n58 6.7 Stopping near bus stop 100\n59 6.8 Stopping on path, median strip or traffic island 100\n60 6.9 Stopping on verge 60\n61 6.10 Obstructing path, a driveway etc 100\n62 6.11 Stopping near letter box 60\n63 6.12 Stopping heavy or long vehicles on carriageway 100\n64 6.13 Stopping in bicycle parking area 60\n65 6.14 Stopping in motorcycle parking area 60\n66 7.6 Leaving vehicle so as to obstruct a public place 100\n67 8.2(1) All other offences not specified 60\nDated 27 November, 2020.\nThe Common Seal of the City of Busselton was affixed by authority of a resolution of the Council in\nthe presence of—\nGRANT DOUGLAS HENLEY, Mayor.\nMICHAEL STEPHEN LEE ARCHER, Chief Executive Officer.\n\nPERTH, TUESDAY, 5 JANUARY 2021 No. 2 SPECIAL\nPUBLIC PLACES AND LOCAL\nGOVERNMENT PROPERTY\n\n5 January 2021 GOVERNMENT GAZETTE, WA 19\nPUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY\n1.4 Repeal and transitional provisions\n1.5 Definitions\n1.6 Interpretation\n1.7 Overriding power to hire and agree\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\n2.1 Determinations as to use of local government property\n2.2 Procedure for making a determination\n2.3 Discretion to erect sign\n2.4 Determination to be complied with\n2.5 Register of determinations\n2.6 Amendment or revocation of a determination\n2.7 Activities which may be pursued on specified local government property\n2.8 Activities which may be prohibited on specified local government property\n2.9 Sign under repealed local law taken to be determination\nPART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A PERMIT\n3.1 Activities requiring a permit\n3.2 Erecting structures or camping\n3.3 Licence required for possession and consumption of liquor\nPART 4—ADVERTISING SIGNS ON THOROUGHFARES\n4.1 Interpretation\n4.2 Advertising signs and portable direction signs\n4.3 Matters to be considered in determining application for permit\n4.4 Conditions on portable sign\nPART 5—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\n","sortOrder":16},{"sectionNumber":"Div 1","sectionType":"division","heading":"Prohibited behaviour","content":"Division 1—Prohibited behaviour\n5.1 Behaviour which interferes with others\n5.2 Behaviour detrimental to property\n5.3 Taking or injuring fauna\n5.4 Flora\n5.5 Animals\n5.6 Intoxicated persons not to be on local government property\n5.7 Only specified gender to use entry of toilet block or change room\n\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"20 GOVERNMENT GAZETTE, WA 5 January 2021\n","sortOrder":18},{"sectionNumber":"Div 2","sectionType":"division","heading":"Signs and powers to give directions","content":"Division 2—Signs and powers to give directions\n5.8 Signs\n5.9 Authorised person to be obeyed\n5.10 Refusal of entry and removal\n5.11 Disposal of lost property\nPART 6—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\nDivision 1—Functions and closed property\n6.1 No unauthorised entry to function\n6.2 No entry to fenced or closed local government property\nDivision 2—Golf courses\n6.3 Interpretation\n6.4 Observance of special conditions of play\n6.5 Children under the age of 10 years\n6.6 Powers of authorised persons or surf life saving club members\n6.7 Authority of local government employee to prevail\n6.8 Persons to comply with signs and directions\n","sortOrder":19},{"sectionNumber":"Div 4","sectionType":"division","heading":"Airports","content":"Division 4—Airports\n6.9 Application\n6.10 Use by aircraft\n6.11 Right of entry to airport\n6.12 Access of animals restricted\n","sortOrder":20},{"sectionNumber":"Div 5","sectionType":"division","heading":"Jetties","content":"Division 5—Jetties\n6.13 Interpretation\n6.14 Application for consent and application fee\n6.15 When use of jetty is prohibited\n6.16 Method of berthing boat\n6.17 When boat may remain berthed\n6.18 Authorised person may order removal of boat\n6.19 Restrictions on launching\n6.20 Loading and discharging\n6.21 Outgoing cargo not to be stored on jetty\n6.22 Removal of incoming cargo from jetty\n6.23 Authorised person may direct removal\n6.24 Handling of bulk cargo\n6.25 Polluting surrounding area\n6.26 Limitations on fishing\nPART 7—ROADSIDE CONSERVATION\n7.1 Interpretation\n7.2 Application\n7.3 Declaration of flora road\n7.4 Construction works on flora roads\n7.5 Signposting of flora roads\n7.6 Driving only on carriageway of flora roads\n7.7 Designation of special environmental areas\n7.8 Marking of special environmental areas\n7.9 Permit to plant\n7.10 Relevant considerations in determining application\n7.11 Permit to clear\n7.12 Application for permit\n7.13 Permit to burn thoroughfare\n7.14 Application for permit\n7.15 When application for permit can be approved\n7.16 Prohibitions on burning\n7.17 Permit for firebreaks on thoroughfares\n7.18 When application for permit cannot be approved\n7.19 General prohibition on commercial wildflower harvesting\n7.20 Permit for revegetation projects\n\n5 January 2021 GOVERNMENT GAZETTE, WA 21\nPART 8—ACTIVITIES IN STREETS\nDivision 1—General\n8.1 General prohibitions\n8.2 Activities allowed with a permit\n8.3 Notice to owner or occupier\nDivision 2—Permissible verge treatments\n8.4 Permissible verge treatments\n8.5 Obligations of owner or occupier\n8.6 Transitional provision\n8.7 Power to carry out public works on verge\n","sortOrder":21},{"sectionNumber":"Div 3","sectionType":"division","heading":"Vehicle crossings","content":"Division 3—Vehicle crossings\n8.8 Temporary crossings\n8.9 Removal of redundant crossing\nDivision 4—Property numbers\n8.10 Assignment of numbers\nDivision 5—Fencing\n8.11 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nDivision 6—Signs erected by the local government\n8.12 Signs\n8.13 Transitional\n","sortOrder":22},{"sectionNumber":"Div 7","sectionType":"division","heading":"Driving on a closed street","content":"Division 7—Driving on a closed street\n8.14 No driving on closed street\n","sortOrder":23},{"sectionNumber":"Div 8","sectionType":"division","heading":"Notices","content":"Division 8—Notices\n8.15 Notice to redirect or repair sprinkler\n8.16 Notice to remove hazardous plants\n8.17 Notice to remove any thing unlawfully placed on street\n","sortOrder":24},{"sectionNumber":"Part 9","sectionType":"part","heading":"ACTIVITIES IN PUBLIC PLACES","content":"PART 9—ACTIVITIES IN PUBLIC PLACES\nDivision 1—General provisions\n9.1 Leaving animal or vehicle in public place\n9.2 Prohibitions relating to animals\n9.3 Shopping trolley to be marked\n9.4 Person not to leave trolley in public place\n9.5 Retailer to remove abandoned trolley\n9.6 Retailer taken to own trolley\nDivision 1—Applying for a permit\n10.2 Decision on application\n10.3 General restrictions on grant of permit\n10.4 Amendment of permit\nDivision 2—Conditions\n10.5 Examples of conditions\n10.6 Imposing conditions under a policy\n10.7 Compliance with conditions\nDivision 3—Duration of permits\n10.8 Duration of permit\n10.9 Renewal of permit\n10.10 Transfer of permit\n10.11 Suspension of permit\n10.12 Proposed suspension\n10.13 Revocation of suspension\n\n","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"22 GOVERNMENT GAZETTE, WA 5 January 2021\n10.14 Period of suspension\n10.15 Cancellation of permit\n10.16 Surrender of permit\nDivision 4—Responsibilities of permit holders and others\n10.17 Production of permit\n10.18 Other responsibilities of permit holder\n10.19 Production of permit document for amendment\n10.20 Return of permit document if permit no longer in effect\n10.21 Advertising\n10.22 False or misleading statement\nPART 11—OBJECTIONS AND REVIEW\n11.1 Objection and review rights\nPART 12—ENFORCEMENT\nDivision 1—Notices\n12.1 Definition\n12.2 Damage to local government property\n12.3 Breach of a permit\n12.4 Notice requirements\n12.5 Local government may undertake requirements of notice\n12.6 Offence to fail to comply with notice\nDivision 2—Offences and penalties\n12.7 Offences and general penalty\n12.8 Prescribed offences\n12.9 Form of notices\n12.10 Evidence of a determination\nSCHEDULE 1—DETERMINATIONS\nSCHEDULE 2—PRESCRIBED OFFENCES\n\n5 January 2021 GOVERNMENT GAZETTE, WA 23\nPUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY\nUnder the powers conferred on it by the Local Government Act 1995 and under all other enabling\npowers, the Council of the City of Greater Geraldton resolved on 24 November 2020 to make this local\nlaw.\nThis is the City of Greater Geraldton Public Places and Local Government Property Local Law 2020.\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\nThis local law applies throughout the district.\n1.4 Repeal and transitional provisions\n(1) The following local laws are repealed—\n(a) The Municipality of the Shire of Greenough By-laws Relating to Geraldton Airport published\nin the Government Gazette on 13 September 1985 and amended in the Government Gazette on\n17 May 1991;\n(b) The City of Greater Geraldton Activities In Thoroughfares and Public Places and Trading\nLocal Law 2011, as published in the Government Gazette on 13 July 2012; and\n(c) The City of Greater Geraldton Local Government and Public Property Local Law 2014, as\npublished in the Government Gazette on 13 May 2014.\n(2) An application for, or an application for the renewal of, a licence, permit or other authorisation\nmade under a repealed local law that has not been finally determined before the commencement day\nis to be dealt with and determined as if it were an application under this local law.\n(3) A licence, permit or other authorisation under a repealed local law that is in force before the\ncommencement day is to be regarded on and after that day as a permit under this local law and may\nbe dealt with accordingly.\n1.5 Definitions\nIn this local law—\nAct means the Local Government Act 1995;\napplicant means a person who applies for a permit;\napplication means an application for a permit;\napplication fee means the fee payable on the lodgement of an application for a permit and which\nrelates to the lodgement, assessment and determination of the application but does not\ninclude the permit fee;\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;\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 any—\n(a) hall or room;\n(b) corridor, stairway or annexe of any hall or room; and\n(c) jetty;\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;\n\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"24 GOVERNMENT GAZETTE, WA 5 January 2021\ncarriageway has the meaning given to it by 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;\nCouncil means the council of the local government;\ncrossing means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\ndetermination means a determination made under clause 2.1;\ndistrict means the district of the local government and any area outside the district of the local\ngovernment in respect of which the Governor’s approval under section 3.6(1) of the Act has\nbeen obtained;\nentertainment means the action of providing or being provided with amusement or enjoyment,\nan event, performance, or activity designed to entertain others.\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;\ngarden means any part of a street planted, developed or treated, otherwise than as a lawn, with\none or more plants;\nhire includes offer to hire and expose for hire;\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 street which is planted only with grass, or with a similar plant, but\nwill include any other plant provided that it has been planted by the local government;\nliquor has the meaning given to it in section 3 of the Liquor Control Act ;\nLiquor Control Act means the Liquor Control Act 1988 and all regulations made under that\nAct;\nlocal government means the City of Greater Geraldton;\nlocal government property means anything—\n(a) which belongs to or leased by the local government;\n(c) which is an otherwise unvested facility within section 3.53 of the Act;\nexcept a street.\nlocal public notice has the meaning given to it by the Act;\nlot has the meaning given to it in the Planning and Development Act 2005;\nmarket means a collection of stalls, stands or displays erected for the purpose of selling or hiring\ngoods or services or carrying out any other transaction;\nnuisance means any activity, thing, condition, circumstance or state of affairs caused or\ncontributed to by a person which—\n(a) is injurious or dangerous to the health or safety of another person of normal\nsusceptibility; or\n(b) which has a disturbing effect on the state of reasonable physical, mental or social well\nbeing of another person;\nowner or occupier, in relation to land, does not include the local government;\npermit means a permit under this local law;\npermit fee means the fee payable on the issue of a permit;\npermit document means a permit document issued under this local law;\npermit holder means a person who holds a permit;\npermissible verge treatment means any one of the treatments described in clause 8.4(2), and\nincludes any associated reticulation pipes and sprinklers;\nperson does not include the local government;\nprivate property means any land that—\n(a) has a separate certificate of title; and\n(b) is in private ownership or is the subject of a lease or agreement with a person enabling\nits use for private purposes,\nand includes any building or structure on the land;\nprohibited drug has the meaning given to it by the Misuse of Drugs Act 1981;\n\n5 January 2021 GOVERNMENT GAZETTE, WA 25\npublic place means—\n(a) a street;\n(b) any local government property; or\n(c) a place to which the public have access;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nrepealed local law means a local law repealed under clause 1.4;\nretailer means a the owner or occupier of a shop in respect of which shopping trolleys are\nprovided for the use of customers of the shop;\nSchedule means a schedule to this local law;\nsell includes—\n(a) offer or attempt to sell;\n(b) display for sale;\n(c) send, forward or deliver for sale or on sale;\n(d) barter or exchange;\n(e) dispose, by lot or chance or by auction;\n(f) supply, or offer, agree or attempt to supply—\n(i) in circumstances which the supplier derives or would be likely to derive a direct\nor indirect pecuniary benefit; or\n(ii) gratuitously, but with a view to gaining or maintaining custom or other\ncommercial advantage; or\n(g) authorise, direct, cause or permit to be done any act referred to in this definition;\nshopping trolley means a wheeled container or receptacle supplied by a retailer to enable a\nperson to transport goods;\nsign includes a notice, flag, mark, structure or device approved by the local government on which\nmay be shown words, numbers, expressions or symbols;\nstall means a movable or temporarily fixed structure, stand or table in, on or from which goods or\nservices are sold and includes a vehicle;\nstreet means any highway, thoroughfare or land used for vehicular or pedestrian traffic, and\nincludes all the land lying between property lines, including the verge and footpath;\nstreet tree means any tree planted or self sown in the street, of an appropriate species and in an\nappropriate location, for the purposes of contributing to the streetscape;\nthoroughfare has the meaning given to it by the Act;\ntrading means selling or hiring goods or services and includes the setting up of a stall and\nconducting business at a stall;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels,\ntracks or otherwise; and\n(b) an animal being ridden or driven,\nbut excludes—\n(c) a wheel-chair or any device designed for use, by a physically impaired person on a\nfootpath; and\n(d) a pram, stroller or similar device, or a shopping trolley;\nverge means that part of a street between the carriageway and the land which abuts the street,\nbut does not include any footpath; and\nwaste includes matter—\n(a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is\ndischarged into the environment; or\n(b) prescribed by regulations under the Waste Avoidance and Resource Recovery Act 2007\nto be waste.\n1.6 Interpretation\nIn this local law, a reference to local government property includes a reference to any part of local\n1.7 Overriding power to hire and agree\nDespite anything to the contrary in this local law, the CEO or an authorised person, on behalf of the\nlocal 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.\n\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"26 GOVERNMENT GAZETTE, WA 5 January 2021\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\n2.1 Determinations as to use of local government property\n(1) The 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.\n(2) The determinations in Schedule 1—\n(a) are to be taken to have been made in accordance with clause 2.2;\n(b) may be amended or revoked in accordance with clause 2.6; and\n(c) have effect on the commencement day.\n2.2 Procedure for making a determination\n(1) The CEO or an authorised person is to give local public notice of the local government’s intention\nto 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(3) If no submissions are received in accordance with subclause (2)(c), the Council may decide—\n(a) to give local public notice that the proposed determination has effect as a determination on\nand from the date of publication;\n(b) to amend the proposed determination, in which case subclause (5) is to apply; or\n(c) not to continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c), the Council—\n(a) is to consider those submissions; and\n(b) may decide—\n(i) whether or not to amend the proposed determination; or;\n(ii) whether or 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 must comply with a determination.\n2.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act apply to the register referred to in subclause (1) and for that\npurpose 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 local government may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the local government revokes a determination it is to give local public notice of the revocation\nand the determination is to cease to have effect on the date of publication.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 27\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) take, ride or drive a vehicle, or a particular class of vehicle;\n(b) fly or use a motorised model aeroplane;\n(c) 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(d) launch, beach or leave a boat;\n(e) take or use a boat, or a particular class of boat;\n(f) play or practise—\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,\n(g) ride a bicycle, a skateboard, roller skates, rollerblades, a sandboard or a similar device.\n(2)A determination may specify the extent to which and the manner in which an activity referred to in\nsubclause (1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued;\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, equipment or things, or may extend it to all\nvehicles, 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) riding a bicycle, a skateboard, roller skates, rollerblades, a sandboard or a similar device;\n(b) taking, riding or driving a vehicle or a particular class of vehicle;\n(c) riding or driving above a specified speed a vehicle or a particular class of vehicle;\n(d) taking or using a boat, or a particular class of boat;\n(e) 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,\n(f) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; and\n(g) the traversing of land which in the opinion of the local government has environmental value\nwarranting such protection, either absolutely or except by paths provided for that purpose.\n(2) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in 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, equipment or things, or all\nvehicles, 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.\n2.9 Sign under repealed local law taken to be determination\n(1) Where an approved sign erected on local government property has been erected under a repealed\nlocal law, then it is to be taken to be and have effect as a determination on and from the\ncommencement day, except to the extent that the sign is inconsistent with any provision of this local\nlaw or any determination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in subclause (1).\n\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"28 GOVERNMENT GAZETTE, WA 5 January 2021\nPART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A PERMIT\n3.1 Activities requiring a permit\n(1) A person must 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, on local government property a structure for public amusement or for any performance,\nwhether for gain or otherwise;\n(d) teach, coach or train, for profit, a person or animal on local government property;\n(e) plant any plant or sow any seeds on local government property;\n(f) carry on any trading on local government property or public place unless the trading is\nconducted—\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 permit or permit to carry on trading on local government\nproperty under any written law;\n(g) conduct or set up a market on local government property or public place;\n(h) 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(i) conduct a function on local government property;\n(j) 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(k) light a fire on local government property except in a facility provided for that purpose;\n(l) parachute, hang glide, abseil or base jump from or on to local government property;\n(m) erect a building or a refuelling site on local government property;\n(n) make any excavation on or erect or remove any fence on local government property;\n(o) erect or install any structure above or below ground of local government property, for the\npurpose of supplying any water, power, sewer, communication, television or similar service to\na person;\n(p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly on local\ngovernment property;\n(q) erect, install, operate or use any broadcasting, public address system, loudspeaker or other\ndevice for the amplification of sound on local government property;\n(r) conduct an entertainment event on local government property;\n(s) fly or land a drone, balloon, unmanned aircraft or similar device from or on local government\n(t) film or make a recording as part of or for commercial gain on local government property.\n(2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the\napplication of that person.\n(3) The CEO or an authorised person may exempt specified local government property or a class of\nlocal government property from the application of subclause (1)(a).\n3.2 Erecting structures or camping\ncamp unless the context requires otherwise has the same meaning as given to it in section 5 of\nthe Caravan Parks and Camping Grounds Act 1995;\ncaravan has the same meaning as given to it in section 5 of the Caravan Parks and Camping\nGrounds Act 1995;\nfacility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping\nGrounds Act 1995;\npark home has the same meaning as given to it in section 5 of the Caravan Parks and Camping\nGrounds Act 1995; and\nstructure includes a caravan, park home, or camp.\n(2) This clause does not apply to a facility operated by the local government.\n(3) A person must 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;\n(b) erect, on local government property, any tent, camp, hut or similar structure; or\n(c) erect, on local government property that is not enclosed, an umbrella or temporary shade\nstructure unless—\n(i) it is erected for protection from the sun or other elements;\n(ii) it has an area of no more than 6 square metres;\n\n5 January 2021 GOVERNMENT GAZETTE, WA 29\n(iii) it has a height of no less than 2.5 metres;\n(iv) it is removed by that person—\n(I) immediately on leaving that local government property; and\n(II) during daylight on the same day on which it was erected; and\n(v) it is for a private use.\n(4) The maximum period for which the CEO or an authorised person may approve an application for a\npermit in respect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the\nCaravan Parks and Camping Grounds Regulations 1997.\n3.3 Licence required for possession and consumption of liquor\n(1) A person, on local government property, must 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; and\n(b) a licence has been obtained for that purpose.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nPART 4—ADVERTISING SIGNS ON THOROUGHFARES\n4.1 Interpretation\nadvertising sign means a sign used for the purpose of advertisement;\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;\nportable direction sign means a portable free standing direction sign; and portable sign means\na portable free standing advertising sign.\n4.2 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 500 millimetres in height nor 0.5 square metres in area, provided that the sign\nis placed or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a\nplace, activity or event 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 2.5 metres;\n(c) on or within 3 metres 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.\n4.3 Matters to be considered in determining application for permit\nIn determining an application for a permit for the purpose of clause 4.2(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.\n4.4 Conditions on portable sign\n(1) If the local government approves an application for a permit for a portable sign, the application is\nto be taken to be approved subject to the following conditions—\n(a) the portable sign shall—\n(i) not exceed 1 metre in height;\n(ii) not exceed an area of 1 square metre on any side;\n(iii) relate only to the business activity described on the permit;\n(iv) contain letters not less than 200 millimetres in height;\n\n30 GOVERNMENT GAZETTE, WA 5 January 2021\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.\n(2) No more than one portable sign shall be erected in relation to the one building or business.\n(3) A person must not place or erect a sign in contravention of a condition of a permit issued under\nthis clause.\nPART 5—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Prohibited behaviour\n5.1 Behaviour which interferes with others\nA person must 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 who might\notherwise lawfully be on the property; or\n(b) interferes with the enjoyment of a person using, or otherwise lawfully on, the property.\n5.2 Behaviour detrimental to property\n(1) A person must 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 including a rock, a plant or a\nseat provided for the use of any person; and\n(b) destroying, defacing or damaging any thing on the local government property, including\na plant, a seat provided for the use of any person or a building.\n5.3 Taking or injuring fauna\n(1) A person must not take, injure or kill, or attempt to take, injure or kill, any fauna which is on or\nabove any local government property, unless that person is authorised under a written law to do so.\n(2) In this clause and in clause 5.5—\nanimal means any living thing that is not a human being, fly 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 unless it has been shed or discarded by the animal in\na normal or natural manner.\n5.4 Flora\n(1) Unless authorised to do so under a written law or with the written approval of the CEO or an\nauthorised person, a person must not—\n(a) remove, damage or interfere with any flora that is on or above any local government property;\nor\n(b) cultivate, plant or deposit any flora on local government property.\nflora means all vascular plants, seeds and other flora, whether living or dead.\n5.5 Animals\n(a) tether any animal to a tree, shrub, tree guard, wall or fence; or\n(b) permit any animal to enter upon or into any local government property,\nunless authorised by a permit or under this local law.\n(2) In this clause, ‘animal’ does not include a dog.\n5.6 Intoxicated persons not to be on local government property\nA person must not enter or remain on local government property while under the influence of liquor\nor a prohibited drug.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 31\n5.7 Only specified gender to use entry of toilet block or change room\n(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or\nchange room is to be used by—\n(a) females—then a person of the male gender must not use that entry of the toilet block or\nchange room;\n(b) males—then a person of the female gender must not use that entry of the toilet block or\nchange room; or\n(c) families—then, where the toilet block or change room is being used by a family, only an\nimmediate member of that family may use that entry of the toilet block or change room.\n(2) Paragraphs (a) and (b) of subclause (1) do not apply to a child, when accompanied by a parent,\nguardian or caregiver, where the child is—\n(a) under the age of 8 years; or\n(b) otherwise permitted by an authorised person to use the relevant entry.\nDivision 2—Signs and powers to give directions\n5.8 Signs\n(1) The CEO or an authorised person may erect a sign on local government property—\n(a) specifying any conditions of use which apply to that property; and\n(b) for any other purpose relevant to this local law, including giving notice of a breach of clause\n5.4 and substituting a sign for flora that has been removed, damaged or interfered with\ncontrary to clause 5.4.\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.\n5.9 Authorised person to be obeyed\nA person on local government property must obey any lawful direction of the CEO or an authorised\nperson and must not in any way obstruct or hinder the CEO or an authorised person in the execution\nof her or his duties.\n5.10 Refusal of entry and removal\n(1) If the CEO or an authorised person reasonably suspects that a person is breaching, or has just\nbreached, a provision of this local law or any other written law, the CEO or authorised person may—\n(a) refuse to allow that person to enter local government property;\n(b) if the person is on local government property, direct the person to leave the local government\nproperty; and\n(c) specify a period of up to 30 calendar days within which the person is not to re-enter the local\n(2) A person who has been refused entry or who has been directed to leave under subclause (1) must\nimmediately leave the local government property quickly and peaceably.\n(3) If a person fails to comply with subclause (2), the CEO or an authorised person may remove the\nperson, or arrange for the person to be removed, from the local government property.\n(4) The CEO or an authorised person may reduce the period specified in subclause (1)(c) on\napplication of the person who has been directed not to re-enter local government property.\n5.11 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 CEO or an authorised person—\n(a) if the value of the property is reasonably believed to exceed the amount prescribed by\nregulation 30(3) of the Local Government (Functions and General) Regulations 1996, using\nthe process under section 3.58 of the Act for the sale of the article as if it was property\nreferred to in that section;\n(b) if the article is reasonably believed to be of a negligible or little value or likely to be of no\ninterest to a not for profit body, in any manner he or she thinks fit; or\n(c) in any other case, by donation to a not for profit body incorporated under the Associations\nIncorporations Act 2015.\nPART 6—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\nDivision 1—Functions and closed property\n6.1 No unauthorised entry to function\n(1) A person must not enter local government property on such days or during such times as the\nproperty is set aside for a function for which a charge for admission is authorised, except—\n(a) through the proper entrance for that purpose; and\n(b) on payment of the fee chargeable for admission at the time.\n(2) The CEO or an authorised person may exempt a person from compliance with subclause (1)(b).\n\n","sortOrder":29},{"sectionNumber":"32","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"32 GOVERNMENT GAZETTE, WA 5 January 2021\n6.2 No entry to fenced or closed local government property\nA person must not enter local government property which has been fenced off or closed to the public\nby a sign or otherwise, unless that person is authorised to do so by the CEO or an authorised person.\nDivision 2—Golf courses\n6.3 Interpretation\nIn this Division—\ncontroller means an authorised person who has been appointed to control and manage a golf\ncourse;\ngolf course means that portion of a local government property which is laid out as a golf course\nand includes—\n(a) all tees, fairways, greens, practice tees, practice fairways, practice greens and any\ndriving range; and\n(b) all buildings, structures, fittings, fixtures and equipment on that property.\n6.4 Observance of special conditions of play\nWhile on a golf course, a player must—\n(a) observe and comply with a direction of the controller in respect of any special conditions of\nplay;\n(b) observe and comply with a requirement of any notice erected to direct or control play; and\n(c) not be accompanied by a non playing person without the permission of the controller or an\n6.5 Children under the age of 10 years\nA person under the age of 10 years must not enter, play or practise on a golf course unless\naccompanied by a person of 18 years or older.\nDivision 3—Beaches\n6.6 Powers of authorised persons or surf life saving club members\n(1) An authorised person employed by the local government may perform all or any of the following\nfunctions in relation to a beach—\n(a) patrol any beach;\n(b) carry out any activity on any beach;\n(c) erect signs designating bathing areas and signs regulating, prohibiting or restricting specified\nactivities on the whole or any part of a beach or in or on the water adjacent to the beach and\nto direct persons on the beach or in or on the water to comply with such signs;\n(d) temporarily enclose any area with rope, hessian, wire or any other means for the conduct of\nsurf life saving club activities; and\n(e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a\nshark is suspected of being in the vicinity of a beach.\n(2) Subject to subclause (3), the local government may authorise, under section 9.10 of the Act, one or\nmore members of a surf life saving club to perform all or any of the functions listed in subclause (1).\n(3) Members authorised by the local government under subclause (2) must have been recommended\nby the surf life saving club as competent to perform the functions referred to in that subclause in\nrespect of which they are authorised.\n(4) Under subclause (2), the local government may authorise members generally, or in relation to\nparticular times, days or months.\n6.7 Authority of local government employee to prevail\nIf the local government has authorised a person under clause 6.6(1) and a member of a surf life saving\nclub under clause 6.6(2) in relation to the same beach, where they could perform a function referred to\nin clause 6.6(1) contemporaneously, the authority of an authorised person employed by the local\ngovernment under clause 6.6(1) is to prevail.\n6.8 Persons to comply with signs and directions\nA person must—\n(a) not act in contravention of a sign erected on a beach under clause 6.6(1)(c);\n(b) not enter an area which has been temporarily closed with rope, hessian, wire or any other\nmeans for the conduct of surf life saving club activities, unless he or she is a member of the\nclub or has obtained permission to enter from the club;\n(c) comply with any direction given under clause 6.6(1)(c) or 6.6(1)(e); and\n(d) not interfere with, obscure, obstruct, or hang any item of clothing or towel on a flag, sign,\nnotice or item of life saving equipment.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 33\nDivision 4—Airports\n6.9 Application\nThis Part applies to each airport which is local government property within the district.\n6.10 Use by aircraft\n(1) The owner of every aircraft, upon payment of the set fee and compliance with this local law and\nother written law, shall be entitled to use the airport for the landing, servicing and departure of their\naircraft and the embarkment and disembarkment of passengers and freight.\n(2) The local government may close the airport to aircraft movements if it considers the surface of the\nairport to be unsafe.\n6.11 Right of entry to airport\n(1) Except as herein provided, a person other than—\n(a) a person lawfully employed upon duties in or about the supervision and control of the airport,\nor acting under a permit or other agreement of or with the local government, in or about the\narrival, departure and servicing of or other attention to aircraft lawfully using the airport; or\n(b) a passenger or intending passenger of an aircraft lawfully using the airport; or\n(c) a person greeting or seeing off a passenger or intending passenger of an aircraft lawfully\nusing the airport;\nshall not enter or remain upon the airport or any part thereof without the approval of the local\ngovernment first had and obtained.\n(2) The local government may from time to time designate or set apart any specified part or parts of\nthe Airport—\n(a) to which only persons from time to time designated by the local government shall be\nadmitted;\n(b) to which persons other than those mentioned in subclause (1) shall not be admitted;\n(c) to which the general public, or any limited classes of the general public, may be admitted,\neither at all times or at specified times, or for limited periods and generally upon such terms\nand conditions as the local government may resolve;\n(d) to which no vehicle may be admitted or to which a limited class of vehicles may be admitted\nor to which vehicles may be admitted only on such terms and conditions as the local\ngovernment may resolve;\n(e) to which no aircraft may be admitted or to which a limited class of aircraft may be admitted\nor to which aircraft may be admitted only on such terms and conditions as the local\ngovernment resolves.\n(3) Signs, markings or notices may be placed by the local government at the airport indicating the\nlimits of any part of the airport set apart for any special or limited use under subclause (2).\n(4) Notwithstanding the provisions of this clause the local government may on special occasions, for\ninstance, an aerial pageant or other event of public interest, make such arrangements for the control\nof the airport as it may by resolution impose.\n6.12 Access of animals restricted\n(1) A person shall not bring an animal on to an airport unless—\n(a) the person is a person referred to in section 8 of the Dog Act 1976 acting in accordance with\nthat provision;\n(b) the animal is being air freighted from the airport;\n(c) the animal has been air freighted to the airport; or\n(d) the person is authorized to do so by the local government.\n(2) A person in charge of an animal shall keep the animal under control and shall not allow it to\nwander at large on the airport.\n(3) If an animal is at any time on an airport in contravention of subclause (2), in addition to the\nperson specified in that subclause, the owner of the animal at that time commits an offence against\nsubclause (2).\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 (Commonwealth) Section 9(2).\nDivision 5—Jetties\n6.13 Interpretation\n(1) This Division only applies to jetties which are local government property.\n(2) In this Division—\njetty means any jetty, pier, wharf or landing place which is local government property; and\nbulk cargo means bulk produce, such as grain, coal, oil or mineral ore, which is not packaged.\n6.14 Application for consent and application fee\n(1) Where a person is required to obtain the consent of the local government under this Part, the\nperson is to apply for that consent in the manner required by the local government.\n\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"34 GOVERNMENT GAZETTE, WA 5 January 2021\n(2) The local government may require an application for consent made under subclause (1) to be\naccompanied by a fee.\n(3) If an application for consent is not made in the manner required by the local government or the fee\nwhich is to accompany that application is not paid, the local government may refuse to consider the\napplication for consent.\n(4) The local government shall give its decision on an application for consent, in writing to the person\nwho applied for that consent.\n(5) Where a fee is referred to in this Part, the fee must be imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act inclusive.\n6.15 When use of jetty is prohibited\nA person shall not land at, use or go on any part of a jetty which is—\n(a) under construction or repair; or\n(b) closed,\nunless that person has first obtained the consent of the local government.\n6.16 Method of berthing boat\nA person in control of a boat shall not berth or make fast the boat to a jetty, or to any part of the jetty,\nexcept to such berthing piles, ring bolts or other fastenings as are provided.\n6.17 When boat may remain berthed\nA person in control of a boat shall not berth or make fast the boat to a jetty unless—\n(a) the boat is in distress and then only to effect the minimum repairs necessary to enable the\nboat to be moved elsewhere;\n(b) the embarking or disembarking of passengers is in progress, and then not for a consecutive\nperiod exceeding 2 hours without the prior consent of the local government;\n(c) the loading or discharging of cargo or other goods is in progress in accordance with this\nDivision;\n(d) where the boat is used at that time for commercial purposes, the person has first paid the fee\n(if any) for such berthing or making fast to the local government; or\n(e) to facilitate sea trials for newly launched vessels for a period as specified and approved by an\n6.18 Authorised person may order removal of boat\nNotwithstanding anything to the contrary in this Part, a person in control of a boat berthed or\nfastened to or alongside a jetty shall remove it immediately upon being directed to do so by an\n6.19 Restrictions on launching\nA person shall not launch a boat from or over any jetty (other than a boat ramp) unless she or he has\nfirst obtained the consent of the local government.\n6.20 Loading and discharging\nA person in control of a boat shall not allow the boat to come alongside or be berthed or made fast to a\njetty for the purpose of loading or discharging cargo or other goods—\n(a) until the cargo or other goods are ready to be loaded or discharged; or\n(b) without the consent of the local government—\n(i) between the hours of 6.00pm to 6.00am on the next day; or\n(ii) for longer than 2 consecutive hours.\n6.21 Outgoing cargo not to be stored on jetty\nA person in control of cargo or other goods intended for loading on to a boat shall—\n(a) not allow them to be stored or placed on a jetty unless and until the boat is berthed or\nfastened to or alongside the jetty; and\n(b) load them on to the boat as soon as practicable after the boat is berthed or fastened to or\nalongside the jetty.\n6.22 Removal of incoming cargo from jetty\nAny person unloading cargo or other goods from a boat on to a jetty shall remove them, or cause them\nto be removed from the jetty as soon as practicable, but not later than 6.00pm on the day on which\nthey were placed there.\n6.23 Authorised person may direct removal\nAn authorised person may direct a person who, in the opinion of the authorised person, is in charge of\ncargo or other goods which remain on a jetty contrary to any provision of this Division to remove them\nfrom the jetty.\n6.24 Handling of bulk cargo\nExcept with the prior consent of the local government, a person shall not place or deposit bulk cargo\nfrom a vehicle, boat or container on to a jetty.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 35\n6.25 Polluting surrounding area\nA person shall not tip or deposit anything on to a jetty so as to pollute the surrounding area.\n6.26 Limitations on fishing\nA person shall not—\n(a) fish from a jetty so as to obstruct or interfere with the free movement of a boat approaching or\nleaving the jetty or so as to unreasonably interfere with the use of the jetty by any other\nperson; or\n(b) hang or spread a fishing net from, on or over any part of a jetty.\nPART 7—ROADSIDE CONSERVATION\n7.1 Interpretation\nIn this Part—\n“MRWA” means Main Roads Western Australia;\n“protected flora” has the meaning given to it in Part 10, Division 2 of the Biosecurity\nConservation Act 2016;\n“rare flora” has the meaning given to it in Regulation168 of the Biosecurity Conservation\nRegulations 2017 section 23F;\n“Roadside Conservation Committee” means the Roadside Conservation Committee appointed\nby the Minister for the Environment; and\n“special environmental area” means an area designated as such under clause 7.7.\n7.2 Application\nThis Part does not apply to a townsite.\n7.3 Declaration of flora road\nThe local government may declare a thoroughfare which has, in the opinion of the local government,\nhigh quality roadside vegetation to be a flora road.\n7.4 Construction works on flora roads\nConstruction and maintenance work carried out by the local government on a flora road is to be in\naccordance with the “Handbook of Environmental Practice for Road Construction and Road\nMaintenance Works” prepared by the Roadside Conservation Committee.\n7.5 Signposting of flora roads\nThe local government may signpost flora roads with the standard MRWA “flora road” sign.\n7.6 Driving only on carriageway of flora roads\n(1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the\ncarriageway.\n(2) Subclause (1) does not apply where—\n(a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the\ncarriageway;\n(b) there is no carriageway; or\n(c) an exemption from the application of subclause (1) has been obtained from the local\ngovernment.\n7.7 Designation of special environmental areas\nThe local government may designate a thoroughfare, or any part of a thoroughfare, as a special\nenvironmental area which—\n(a) has protected flora or rare flora; or\n(b) in the opinion of the local government, has environmental, aesthetic or cultural significance.\n7.8 Marking of special environmental areas\nThe local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare,\ndesignated as a special environmental area.\n7.9 Permit to plant\nA person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a\n7.10 Relevant considerations in determining application\nIn determining an application for a permit for the purpose of clause 7.9, the local government is to\nhave regard to—\n(a) existing vegetation within that part of the thoroughfare in which the planting is to take place;\nand\n(b) the diversity of species and the prevalence of the species which are to be planted or sown.\n\n","sortOrder":31},{"sectionNumber":"36","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"36 GOVERNMENT GAZETTE, WA 5 January 2021\n7.11 Permit to clear\nA person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1m of\nthat person’s land without first obtaining a permit and any other approvals which may be required\nunder any written law.\n7.12 Application for permit\nA person making an application for a permit for the purpose of clause 7.11 shall submit a sketch plan\nclearly showing the boundary of the person’s land and the portions of the thoroughfare joining that\nperson’s land which are to be cleared.\n7.13 Permit to burn thoroughfare\nA person shall not burn part of a thoroughfare without first obtaining a permit or unless acting under\nthe authority of any other written law.\n7.14 Application for permit\nAn application for a permit for the purposes of clause 7.13 shall—\n(a) include a sketch plan showing the portions of a thoroughfare which are proposed to be\nburned; and\n(b) advise of the estimated fire intensity and the measures to be taken to protect upper storey\nvegetation from the burn.\n7.15 When application for permit can be approved\nThe local government may approve an application for a permit for the purpose of clause 7.13 only if\nthe burning of the particular part of the thoroughfare will—\n(a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the\nuse of herbicides, are considered by the local government to be not feasible or more\ndetrimental to native flora and fauna than burning; or\n(b) in the opinion of the local government, be beneficial for the preservation and conservation of\nnative flora and fauna.\n7.16 Prohibitions on burning\n(1) Notwithstanding anything to the contrary in this local law, an application for a permit for the\npurpose of clause 7.13 is not to be approved by the local government—\n(a) for burning between 31 August and 1 May of the following year where the intensity of the\nburn could damage native flora and fauna; or\n(b) in any year to any person for any part of a thoroughfare which is on the opposite side of the\ncarriageway to that portion of the thoroughfare for which a permit to burn has been approved\nin the same year.\n(2) Nothing in this clause prevents the local government approving a permit to burn part of a\nthoroughfare to remove an imminent fire risk.\n7.17 Permit for firebreaks on thoroughfares\nA person shall not construct a firebreak on a thoroughfare without first obtaining a permit.\n7.18 When application for permit cannot be approved\n(1) The local government is not to approve an application for a permit for the purpose of clause 7.17\nwhere the thoroughfare is less than 20m wide.\n(2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government,\ndesirable for the protection of roadside vegetation.\n7.19 General prohibition on commercial wildflower harvesting\nSubject to clause 7.20, a person shall not commercially harvest native flora on a thoroughfare.\n7.20 Permit for revegetation projects\n(1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a\n(2) The local government may approve an application for a permit under subclause (1) only where—\n(a) the seed is required for a revegetation project in any part of the district; and\n(b) the thoroughfare, or the relevant part of it, is not a special environmental area.\n(3) Unless the local government specifically provides to the contrary on a permit, if the local\ngovernment approves an application for a permit for the purpose of subclause (1) it is to be taken to be\napproved subject to the following conditions—\n(a) the collection of the seed is to be carried out so as not to endanger the long time survival of\nthe native flora on the thoroughfare; and\n(b) any licence or approval which may be required under any other written law is to be obtained\nby the applicant.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 37\nPART 8—ACTIVITIES IN STREETS\nDivision 1—General\n8.1 General prohibitions\n(a) plant, or allow to remain, in a street a plant that is or may become an obstruction to a\nreasonable sight line hazard for a driver of any vehicle negotiating or using the street;\n(b) damage a lawn or a garden, or remove any plant or part of a plant from a lawn or a garden, in\na street unless—\n(i) the person is the owner or the occupier of the lot abutting that portion of the street and\nthe lawn or the garden or the particular plant has not been installed or planted by the\nlocal government; or\n(ii) the person is acting under the authority of a written law;\n(c) damage, or remove a street tree, or part of a street tree, irrespective of whether it was\nplanted by the owner or occupier of the lot abutting the street or by the local government,\n(i) the damage to, or removal of, the street tree is authorised by the CEO or an authorised\nperson in writing; or\n(ii) the person is acting under authority of written law;\n(d) place, or allow to be placed or remain, on a street any thing (except water) that—\n(i) obstructs the street; or\n(ii) results in a hazard for any person using the street;\n(e) unless at the direction of the CEO or an authorised person, damage, remove or interfere with\nany part of a street, or any structure erected on a street, by the local government or a person\nacting 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 street; or\n(g) within a mall, arcade or veranda of a shopping centre, ride any bicycle, skateboard, roller-\nblades or similar device.\n8.2 Activities allowed with a permit\n(1) A person must not, without a permit—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) throw, place or deposit any thing on a verge or street except for removal by the local\ngovernment under a bulk rubbish collection, and then only in accordance with the terms and\nconditions and during the period of time advertised in connection with that collection by the\nlocal government;\n(c) cause any obstruction to a vehicle or a person using a street as a street;\n(d) cause any obstruction to a water channel or a water course in a street;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a street;\n(f) damage a street;\n(g) fell or damage any street tree;\n(h) fell any tree onto a street;\n(i) light any fire or burn any thing on a street other than in a stove or fireplace provided for that\npurpose;\n(j) 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, on any part of a street, any thing such as gravel, stone, flagstone,\ncement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips,\nbark or sawdust;\n(k) provide, erect, install or use in or on any building, structure or land abutting on a street any\nhoist or other thing for use over the street;\n(l) on a street use anything or do anything so as to create a nuisance;\n(m) place or cause to be placed on a street a bulk rubbish container;\n(n) interfere with the soil of, or anything in, a street or take anything from a street;\n(o) conduct or carry on any trading on a street or public place;\n(p) conduct, carry on or set up a market or stall on a street or public place;\n(q) conduct or carry on an entertainment event on a street or public place; or\n(r) film or make a recording as part of or for commercial gain on a street or public place.\n(2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the\napplication of that person.\n\n","sortOrder":32},{"sectionNumber":"38","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"38 GOVERNMENT GAZETTE, WA 5 January 2021\n8.3 Notice to owner or occupier\nThe CEO or an authorised person may give a notice in writing to the owner or the occupier of a lot\nabutting on a verge to make good, within the time specified in the notice, any breach of a provision of\nthis Part.\nDivision 2—Permissible verge treatments\n8.4 Permissible verge treatments\n(1) An owner or occupier of land which abuts on a verge may, on that part of the verge directly in\nfront of her or his land, install a permissible verge treatment.\n(2) A permissible verge treatment is–\n(a) the planting and maintenance of a lawn;\n(b) the planting and maintenance of a garden provided that—\n(i) clear sight visibility is maintained at all times for a person using the abutting street in\nthe vicinity of an intersection or bend in the street or using a driveway on land adjacent\nto the street for access to or from the street;\n(ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width\nof 2m along that part of the verge immediately adjacent to the kerb;\n(iii) it does not include a wall or built structure; and\n(iv) it is not of a thorny, poisonous or hazardous nature; and\n(c) the installation of an acceptable material.\n(3) In this clause acceptable material means any material which would create a hard surface, and\nwhich has been approved by the local government.\n(4) A person must not install or maintain a verge treatment which is not a permissible verge\ntreatment.\n(5) 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 8.5.\n8.5 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permissible verge treatment must—\n(a) keep the permissible verge treatment in a good and tidy condition and ensure, where the\nverge treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining\nthe verge are not obstructed by the verge treatment;\n(b) ensure that clear sight visibility is maintained at all times for a person using the abutting\nthoroughfare in the vicinity of an intersection or bend in a thoroughfare, or using a driveway\non land adjacent to the thoroughfare for access to or from the thoroughfare;\n(c)not place any obstruction on or around the verge treatment;\n(d) not disturb a footpath on the verge;\n(e) ensure that the verge treatment does not damage or obstruct a drain, manhole, galley,\ninspection pit, channel, kerb or tree planted by the local government; and\n(f) ensure that any sprinklers or pipes installed to irrigate a verge treatment—\n(i) do not protrude above the level of the lawn or verge treatment when not in use;\n(ii) are not used at such times so as to cause unreasonable inconvenience to pedestrians or\nother persons; and\n(iii) do not otherwise present a hazard to pedestrians or other persons.\n8.6 Transitional provision\nformer provisions means the provisions of the repealed local laws 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.\n8.7 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\n5 January 2021 GOVERNMENT GAZETTE, WA 39\nDivision 3—Vehicle crossings\n8.8 Temporary crossings\n(1) Where it is likely that works on a lot will involve vehicles leaving a street and entering the lot, the\nperson responsible for the works must obtain a permit for the construction of a temporary crossing to\nprotect the existing carriageway, kerb, drains, footpath, existing materials and street trees, where—\n(a) a crossing does not exist; or\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) The person responsible for the works in subclause (1) is to be taken to be—\n(a) the builder named on the building permit issued under the Building Act 2011, if one has been\nissued in relation to the works; or\n(b) the owner of the lot, if no building permit has been issued under the Building Act 2011 in\nrelation to the works.\n(3) If the permit authority for the purpose of subclause (1) is the local government, the permit is taken\nto be issued on the condition that until such time as the temporary crossing is removed, the person to\nwhom the permit is given must keep the temporary crossing in good repair and in such a condition so\nas not to create any danger or obstruction to persons using the street.\n8.9 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 street affected by the removal\nare to be reinstated to the satisfaction of the CEO.\n(2) The CEO may give written notice to the owner or occupier of a lot requiring her or him to—\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 street, which may be\naffected by the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot must comply with\nthat notice.\nDivision 4—Property numbers\n8.10 Assignment of numbers\n(1) The CEO or an authorised person may assign a number to a lot in the district and may assign\nanother number to 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 a lot by reference to a thoroughfare.\nDivision 5—Fencing\n8.11 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nA public place, as that term is defined in clause 1.5, 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":33},{"sectionNumber":"Div 6","sectionType":"division","heading":"Signs erected by the local government","content":"Division 6—Signs erected by the local government\n8.12 Signs\n(1) The local government may erect a sign in a street specifying any conditions of use which apply to\nthat street.\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.\n8.13 Transitional\nWhere a sign erected in a street has been erected under a repealed local law then, on and from the\ncommencement day, it is to be taken to be a sign erected under clause 8.12 if—\n(a) the sign specifies a condition of use relating to the street which gives notice of the effect of a\nprovision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\nDivision 7—Driving on a closed street\n8.14 No driving on closed street\n(1) A person must not drive or take a vehicle on a closed street unless—\n(a) it is in accordance with any limit or exception specified in the order made under section 3.50\nof the Act; or\n(b) the person has first obtained a permit.\n\n","sortOrder":34},{"sectionNumber":"40","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"40 GOVERNMENT GAZETTE, WA 5 January 2021\nclosed street means a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the\nAct.\nDivision 8—Notices\n8.15 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 street, the\nCEO or an authorised person may give a written notice to the owner or the occupier of the land\nabutting the lawn or the garden, requiring the owner or the occupier or both to move or alter the\ndirection of the sprinkler or other watering equipment.\n8.16 Notice to remove hazardous plants\n(1) Where a plant in a garden creates or may create a hazard for any person using a street, the CEO\nor an authorised person may give a written notice to the owner or the occupier of the land abutting on\nthe garden to remove, 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.\n8.17 Notice to remove any thing unlawfully placed on street\nWhere any thing is placed on a street in contravention of this local law, the CEO or an authorised\nperson may give a written notice—\n(a) to the owner or the occupier of the property which abuts that portion of the street where the\nthing has been placed; or\n(b) to any other person who may be responsible for the thing being so placed,\nrequiring the person to remove the thing.\nPART 9—Activities in public places\nDivision 1—General provisions\n9.1 Leaving animal or vehicle in public place\n(1) A person must not leave an animal or a vehicle, or any part of a vehicle, in a public place so that it\nobstructs the use of any part of that public place, unless that person has first obtained a permit or is\nauthorised to do so under a written law.\n(2) A person does not contravene subclause (1) where the animal is secured or tethered for a period\nnot exceeding 1 hour.\n(3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24\nhours.\n9.2 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 must not—\n(a) allow the animal to enter or remain for any time on any public place except for the use of the\npublic place as a thoroughfare and unless it is led, ridden or driven;\n(b) allow the animal, if it has a contagious or infectious disease. to be led, ridden or driven in a\npublic place; or\n(c) train or race the animal in a public place.\n(3) An owner of a horse must not lead, ride or drive the horse on a street, unless that person does so\nunder 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 (Commonwealth) Section 9(2).\n9.3 Shopping trolley to be marked\nA retailer must clearly mark its name or its trading name on any shopping trolley made available for\nthe use of customers.\n9.4 Person not to leave trolley in public place\nA person must not leave a shopping trolley in a public place other than in an area set aside for the\nstorage of shopping trolleys.\n9.5 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 CEO or an authorised officer may advise (verbally or in writing) a retailer\nwhose name is marked on the trolley of the location of the shopping trolley.\n(2) A retailer must remove a shopping trolley within 24 hours of being so advised under subclause (1).\n\n5 January 2021 GOVERNMENT GAZETTE, WA 41\n9.6 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.\nDivision 1—Applying for a permit\n(1) Where a person is required to obtain a permit under this local law, that person must apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law must—\n(a) be in the form determined by the CEO;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\n(d) be forwarded to the CEO together with any fee imposed by the Council under sections 6.16 to\n6.19 of the Act.\n(3) The CEO or an authorised person may require an applicant to provide additional information\nreasonably related to the application before determining the application.\n(4) The CEO or an authorised person may require an applicant to give local public notice of the\napplication.\n(5) The CEO or an authorised person may refuse to consider an application which is not in accordance\nwith subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied.\n10.2 Decision on application\n(1) The CEO or an authorised person may—\n(a) approve an application unconditionally or subject to any conditions; or\n(b) refuse to approve an application.\n(2) If the CEO or an authorised person approves an application, he or she is to issue to the applicant a\npermit in the form determined by the CEO.\n(3) If the CEO or an authorised person refuses to approve an application, he or she is to give written\nnotice of that refusal to the applicant.\n(4) The CEO or an authorised person may, at any time, amend a condition of approval and the\namended condition takes effect when written notice of it is given to the permit holder.\n10.3 General restrictions on grant of permit\n(1) The CEO or an authorised person must not grant a permit if there are reasonable grounds for\nbelieving that the carrying on of the activity to which the application relates would constitute an\nunacceptable risk to the safety of the public.\n(2) The CEO or an authorised person must not grant a permit unless the CEO or an authorised\nperson is satisfied that—\n(a) the applicant is capable of carrying on the activity in accordance with this local law and the\nterms and conditions of the permit;\n(b) the public place at which the activity is to be carried on is suitable for that purpose;\n(c) a permit or similar authority granted or issued to the applicant has not been cancelled in the\nperiod of 5 years before the application is made; and\n(d) the applicant is a fit and proper person to carry on the activity.\n10.4 Amendment of permit\namend includes—\n(a) to impose any new condition; and\n(b) to change or remove any existing condition.\n(2) The CEO or an authorised person may, by written notice given to the permit holder, amend a\n(3) An amendment may be made on application made by the permit holder or on the CEO or\nauthorised person’s initiative.\nDivision 2—Conditions\n10.5 Examples of conditions\n(1) Examples of the conditions that the CEO or an authorised person may impose on a permit under\nclause 10.2(1)(a) or 10.4(2) are conditions relating to—\n(a) the payment of a fee;\n(b) compliance with a standard or a policy adopted by the local government;\n(c) the duration and commencement of the permit;\n\n","sortOrder":35},{"sectionNumber":"42","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"42 GOVERNMENT GAZETTE, WA 5 January 2021\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\nCEO or an authorised person.\n(2) Examples of the type and content of the conditions on which a permit to hire local government\nproperty may be issued include—\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 CEO or an authorised person to cancel a booking during the course of an\nannual or seasonal booking, if the CEO or an authorised person 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;\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.\n10.6 Imposing conditions under a policy\npolicy means a local government policy adopted by the Council under section 2.7 of the\nAct containing conditions subject to which an application for a permit may be approved under\nclause 10.2.\n(2) Under clause 10.2(1)(a) the CEO or an authorised person may approve an application subject to\nconditions by reference to a policy.\n(3) The CEO or an authorised person must give to the permit holder a copy of the policy or, at the\ndiscretion of the CEO or the authorised person, the part of the policy which is relevant to the\napplication for a permit, with the form of permit referred to in clause 10.2(2).\n(4) An application for a permit is not to be taken to have been approved subject to the conditions\ncontained in a policy until the CEO or an authorised person gives the permit holder a copy of the\npolicy or the part of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act apply to a policy and, for that purpose, a policy is deemed to be\ninformation within section 5.94(u)(i) of the Act.\n10.7 Compliance with conditions\nWhere an application for a permit has been approved subject to conditions, the permit holder must\ncomply with each of those conditions, as amended.\nDivision 3—Duration of permits\n10.8 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) suspended or cancelled under this Division.\n10.9 Renewal of permit\n(1) A permit holder may apply to the CEO for the renewal of a permit.\n(2) An application for renewal must—\n(a) be in the form determined by the CEO;\n(b) be signed by the permit holder;\n(c) provide the information required by the form;\n\n5 January 2021 GOVERNMENT GAZETTE, WA 43\n(d) be forwarded to the CEO no later than 28 days before the expiry of the permit, or within a\nshorter period that the CEO in a particular case permits; and\n(e) be accompanied by any fee imposed by the Council under section 6.16 to 6.19 of the Act.\n(3) The provisions of this Part that apply to an application for a permit also apply to an application for\nthe renewal of a permit as though it were an application for a permit.\n10.10 Transfer of permit\n(1) An application for the transfer of a valid permit is—\n(a) to be made in writing;\n(b) to be signed by the permit holder and the proposed transferee of the permit;\n(c) to include such information as the CEO or an authorised person may require to enable the\napplication to be determined; and\n(d) to be forwarded to the CEO together with any fee imposed by the Council under sections 6.16\nto 6.19 of the Act.\n(2) The CEO or an authorised person may approve an application for the transfer of a permit, refuse\nto approve it or approve it subject to any conditions.\n(3) Where the CEO or an authorised person approves an application for the transfer of a permit, the\ntransfer may be effected by an endorsement on the permit signed by the CEO or the authorised\nperson.\n(4) Where the CEO or an authorised person approves the transfer of a permit, the local government is\nnot required to refund any part of any fee paid by the former permit holder.\n10.11 Suspension of permit\n(1) The CEO may, subject to clause 10.12, by written notice given to the permit holder, suspend a\npermit if there are reasonable grounds for believing that—\n(a) the permit holder has contravened a term or condition of a permit;\n(b) the permit holder has contravened a provision of this local law; or\n(c) the continued carrying on of the activity authorised by the permit constitutes or will\nconstitute an unacceptable risk to the safety of the public.\n(2) The suspension notice must—\n(a) state the day, or the day and time, on or at which the suspension takes effect;\n(b) state the reasons for the CEO’s decision to suspend the permit; and\n(c) where appropriate, indicate what steps need to be taken to ensure that there is compliance\nwith the relevant provision, term or condition or that there is no longer a risk as described in\nsubclause (1)(c); and\n(d) inform the permit holder that he/she has a right to apply under the Act for a review of the\nCEO’s decision to suspend the permit.\n10.12 Proposed suspension\n(1) If the CEO proposes to suspend a permit for the reason mentioned in clause 10.11(1)(a), the CEO\nmust give written notice to the permit holder of the proposed suspension.\n(2) The notice must—\n(a) state that the CEO proposes to suspend the permit;\n(b) state the reasons for the proposed suspension; and\n(c) inform the permit holder that the permit holder is entitled to make representations to the\nCEO in respect of the proposed suspension within 7 days after the day on which the permit\nholder is given the notice.\n(3) In considering whether to suspend the permit, the CEO must have regard to any representations\nmade by the permit holder within the period referred to in subclause (2)(c).\n10.13 Revocation of suspension\n(1) The CEO must, by written notice given to the permit holder, revoke the suspension of a permit if\nthe CEO is satisfied that the steps specified in the suspension notice have been taken.\n(2) The CEO may, by written notice given to the permit holder, revoke the suspension of the permit if\nthe CEO considers that it is appropriate to do so in the circumstances of a particular case.\n10.14 Period of suspension\nThe suspension of a permit has effect on the day, or the day and time, specified in the suspension\nnotice until one of the following happens—\n(a) the suspension is revoked under clause 10.13;\n(b) the permit is cancelled under clause 10.15 or expires; or\n(c) the permit is surrendered in accordance with the provisions of this local law.\n10.15 Cancellation of permit\nA permit may be cancelled by the CEO if—\n(a) the permit was obtained improperly by including false or misleading information;\n\n","sortOrder":36},{"sectionNumber":"44","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"44 GOVERNMENT GAZETTE, WA 5 January 2021\n(b) the permit holder has persistently or frequently contravened a term or condition of the\npermit, or a provision of this local law, whether or not the permit is or has been suspended on\nthe grounds of a contravention; or\n(c) there are reasonable grounds for believing that the continued carrying on of the activity\nconstitutes or would constitute an unacceptable risk to the safety of the public, whether or\nnot the permit has been suspended on the grounds of that risk.\n10.16 Surrender of permit\nA permit holder may, at any time by notice in writing to the CEO, surrender the permit.\nDivision 4—Responsibilities of permit holders and others\n10.17 Production of permit\nA permit holder must produce to an authorised person her or his permit immediately after being\nrequired to do so by that authorised person.\n10.18 Other responsibilities of permit holder\nA permit holder must, 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) comply with a direction from the CEO or an authorised person to take the action specified in\nthe direction for the purpose of maintaining public safety;\n(c) leave the local government property in a clean and tidy condition after its use;\n(d) report any damage or defacement of the local government property to the CEO or an\nauthorised person; and\n(e) 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 for that purpose.\n10.19 Production of permit document for amendment\nIf the CEO or an authorised person amends or renews a permit, the permit holder must, if required\nby the CEO or authorised person, produce the permit document to the CEO or authorised person for\namendment within the period specified by the CEO or authorised person.\n10.20 Return of permit document if permit no longer in effect\nIf a permit—\n(a) has expired or has not been renewed;\n(b) has been suspended or cancelled; or\n(c) has been surrendered,\nthe person who was the permit holder must, as soon as practicable after the expiry, suspension,\ncancellation or surrender, return the permit document to the CEO.\n10.21 Advertising\nA person must not advertise, or otherwise hold out in any way, that the person conducts a commercial\nactivity in any public place unless that person holds a permit authorising that commercial activity.\n10.22 False or misleading statement\nA person must not make a false or misleading statement in connection with an application in respect\nof a permit under this local law.\nPART 11—OBJECTIONS AND REVIEW\n11.1 Objection and review rights\nDivision 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant,\nrenewal, transfer, amendment, suspension or cancellation of a permit.\nPART 12—ENFORCEMENT\nDivision 1—Notices\n12.1 Definition\nIn this Division—\ncosts of the local government include its administrative costs.\n12.2 Damage to local government property\nIf a person unlawfully removes, damages or interferes with local government property or portion of a\nstreet, the CEO or an authorised person may give the person a notice requiring that person, within\nthe time specified in the notice, to do any one or more of the following (at the local government’s\noption)—\n(a) reinstate the property to the state it was in before the removal, damage or interference;\n(b) replace that property; or\n(c) pay for the costs of reinstatement or replacement.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 45\n12.3 Breach of a permit\nIf a permit holder breaches a condition of the permit, or fails to comply with a direction under this\nlocal law, the CEO or an authorised person may give the person a notice.\n12.4 Notice requirements\nA notice under this Division must—\n(a) be in writing;\n(b) specify the reason for giving the notice, the work or action that is required to be undertaken\nand the time within which it is to be undertaken; and\n(c) be given to the person referred to in clause 12.2 or 12.3, as the case may be.\n12.5 Local government may undertake requirements of notice\n(1) If a person fails to comply with a notice referred to in clause 12.2, the local government may—\n(a) do the thing specified in the notice, including replace the property, or reinstate the property\nto the state it was in before the removal, damage or interference; and\n(b) recover from the person, as a debt, the costs of doing so.\n(2) If a person fails to comply with a notice referred to in clause 12.3, the local government may—\n(a) take whatever remedial action it considers appropriate to put the local government in the\nposition it would have been in if the breach or failure had not occurred; and\n(b) recover from the person, as a debt, the costs of doing so.\n12.6 Offence to fail to comply with notice\nA person who fails to comply with a notice given to him or her under this local law commits an\noffence.\nDivision 2—Offences and penalties\n12.7 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 that 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 less\nthan $500 and not exceeding $5,000, and if the offence is of a continuing nature, to an additional\npenalty not exceeding $500 for each day or part of a day during which the offence has continued.\n12.8 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 Act.\n(2) The modified penalty for a prescribed offence is the amount specified adjacent to the clause in\nSchedule 2.\n(3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the\ncommission of a prescribed offence, the local government should be satisfied that—\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the\nprescribed offence was committed, and the facts in issue are readily ascertainable.\n12.9 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\n","sortOrder":37},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"of the Regulations; and","content":"Schedule 1 of the Regulations; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Regulations.\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\n12.10 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\n","sortOrder":38},{"sectionNumber":"46","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"46 GOVERNMENT GAZETTE, WA 5 January 2021\nDETERMINATIONS\n[Clause 2.1]\nThe following determinations are to be taken to have been made by the local government under\nclause 2.1.\n1.1 Definition\nIn these determinations—\nlocal law means the Public Places and Local Government Property Local Law 2020 made by the\nlocal government.\n1.2 Interpretation\nWhere a term is used but not defined in a determination and that term is defined in this local law\nthen the term is to have the meaning given to it in this local law.\nPART 2—APPLICATION\n2.1 Vehicles on local government property\n(1) Unless authorised by a permit or determination, a person must not take or cause a vehicle to be\ntaken onto or driven on local government property unless—\n(a) subject to subclause (3), the local government property is clearly designated as a road, access\nway or car park;\n(b) the vehicle is driven by a local government employee, authorised person or contractor\nengaged by the local government, who is engaged in—\n(i) providing a service or making a delivery in connection with the local government\n(ii) maintaining the local government property;\n(c) the person is driving an emergency vehicle in the course of his or her duties;\n(d) the vehicle is—\n(i) driven on local government property that has been designated as a golf course;\n(ii) used in accordance with the conditions set down by the local government, the controller\nor an authorised person; and\n(iii) of a type allowed to be taken onto the golf course by the local government, the controller\nor an authorised person; or\n(e) the vehicle is a motorised wheelchair, and the driver of that vehicle is a disabled person.\n(2) A person must not drive a vehicle or allow a vehicle to be driven on local government property at a\nspeed exceeding 10 kilometres per hour or as otherwise indicated by a sign, or in such a manner as to\ncause danger to any person.\n(3) Other than in accordance with paragraphs (b), (c), (d) or (e) of subclause (1), a person must not\ndrive a vehicle on local government property that is being used for a function for which a permit has\nbeen obtained unless permitted to do so by the permit holder or an authorised person.\n2.2 Motorised model aeroplanes, toys or ships\nA person must not use, launch or fly a drone, motorised model aeroplane, toy, ship, glider or rocket\nthat is propelled by mechanical, hydraulic, combustion or pyrotechnic means on or from local\ngovernment property except in accordance with a permit or determination that specifies that\nparticular local government property.\n2.3 Children’s playgrounds\n(1) The local government may set aside a public reserve or any portion of a public reserve as a\nchildren’s playground.\n(2) The local government may limit the ages of persons who are permitted to use a children’s\nplayground and may erect a sign under clause 2.3 of this local law to that effect on or in the\nimmediate vicinity of the playground.\n(3) A person over the age specified on that sign, other than a person having the charge of a child or\nchildren in the playground, must not use a playground or interfere with the use by children of the\nplayground.\n2.4 Launching and retrieval of boats\nA person must not take a boat onto, launch a boat from, or retrieve a boat on, local government\nproperty except in accordance with permit or a determination that specifies that particular local\ngovernment property unless—\n(a) the person is—\n(i) a local government employee or authorised person; or\n(ii) a contractor engaged by the local government and who is engaged in providing a\nservice, maintaining or making a delivery in connection with, the local government\nproperty.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 47\n(b) the person is in charge of a boat engaged in rescue services or dealing with an emergency; or\n(c) the local government property is a boat ramp that is delineated by a sign to that effect.\n2.5 Activities prohibited on local government property\n(1) A person must not play or practise archery or pistol or rifle shooting on local government property\nexcept on land which is reserved by the local government for that purpose, or as otherwise permitted\nby a determination or permit.\n(2) A person must not play or practise golf on local government property except on a reserve set aside\nby the local government as a golf course.\n(3) A person must not, on any local government property, use or ride a bicycle or wheeled recreational\ndevice, skateboard, or sandboard—\n(a) inside, or on the curtilage to, a building;\n(b) on a golf course except to the extent permitted under clause 2.1(1)(d) of these Determinations;\nor\n(c) in or on a lakebed or waterway.\n(4) A person must not use on, or take on to, any local government property, a spear gun, hand spear,\ngidgie or similar device unless permitted by a determination or permit.\n(5) A person shall not traverse sand dunes except along pathways designated by signs or fences for\nthe purpose.\n————\n[Clause 12.8]\nItem\n1 2.4 Failure to comply with a determination 100\n2 3.1 Undertaking activity on local government property without\na permit 100\n3 3.2 Camping on local government property or erecting an\nunauthorised structure 100\n4 3.3 Failure to obtain licence for liquor 100\n5 4.2 Failure to obtain permit for sign 100\n6 4.4(3) Failure to comply with sign permit condition 100\n7 5.1 Behaviour interfering with others 100\n8 5.2 Behaviour detrimental to local government property 100\n9 5.3 Taking or injuring fauna without authorisation 100\n10 5.4 Removing, damaging or depositing flora without\nauthorisation 100\n11 5.5 Animal on local government property without a permit 100\n12 5.6 Under influence of liquor or prohibited drug on local\n13 5.7 Failure to comply with sign 100\n14 5.8 Failure to comply with direction of authorised person 100\n15 6.1, 6.2 Unauthorised entry to event, closed or fenced local\n16 6.4 Failure to observe conditions of play or direction of course\ncontroller on golf course 100\n17 6.8 Failure to comply with sign or direction on beach 100\n18 6.11 Unauthorised entry to airport premises 100\n19 6.12 Animal on airport premises without approval 100\n20 6.15 Unauthorised use of any part of jetty which is closed or\nunder repair or construction 100\n21 6.16 Berthing of boats in unauthorised manner 100\n22 6.17 Unauthorised berthing of a boat to jetty 100\n23 6.18 Failure to remove berthed boat on direction of authorised\nperson 100\n24 6.19 Launching of boat from jetty without consent 100\n25 6.20 Berthing when not ready to load or discharge cargo, at\ntimes not permitted or for longer than permitted 100\n\n","sortOrder":39},{"sectionNumber":"48","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 January 2021","content":"48 GOVERNMENT GAZETTE, WA 5 January 2021\nItem\n26 6.21 Unlawful storing of goods on jetty 100\n27 6.22 Removing goods from jetty during other than permitted\nhours 100\n28 6.23 Failure to remove cargo on jetty on direction of authorised\nperson 100\n29 6.24 Unauthorised deposit of bulk cargo on jetty 100\n30 6.25 Polluting area surrounding jetty 100\n31 6.26 Fishing from jetty so as to obstruct a boat or another person 100\n32 7.6(1) Driving or riding vehicle on area of a flora road that is not a\ncarriageway 100\n33 7.9 Planting in flora road without a permit 100\n34 7.11 Clearing a flora road without a permit 100\n35 7.13 Burning a flora road without a permit 100\n36 7.17 Constructing firebreak without a permit 100\n37 7.19 Commercially harvesting flora without a permit 100\n38 7.20(1) Collecting native flora seeds without a permit 100\n39 8.1(a),\n8.4(2)(b)\nPlanting or allowing plant or verge treatment in street to\nbecome a sightline hazard 100\n40 8.1(b) Damaging a street lawn or garden 100\n41 8.1(c) Damaging or removing whole or part of a street tree without\nauthorisation 300\n42 8.1(d) Obstruction of street 100\n43 8.1(e) Damaging, removing or interfering with street, part of\nstreet, sign or structure in a street without authorisation 100\n44 8.1(f) Playing games in street so as to impede vehicles or persons 100\n45 8.1(g) Riding of skateboard or similar device on mall, arcade or\nveranda of shopping centre 100\n46 8.2 Carry on or undertake prohibited activity in street or\ndamage local government property in a street without\nauthorisation 300\n47 8.4(4) Install verge treatment that is not a permissible treatment 100\n48 8.5(a),\n8.5(d)\n8.5(e)\nFailure to keep permissible verge treatment in good and\ntidy condition, obstruct a street, footpath, drain, or\ndriveway 100\n49 8.5(c) Placing an obstruction on or around a verge treatment 100\n50 8.5(f) Failure to ensure sprinklers or reticulation pipes do not\nprotrude above level of verge treatment when not in use, not\nused at such times as to cause inconvenience to pedestrians,\nor otherwise present a hazard 100\n51 8.8 Failure to obtain permit for a temporary crossing 100\n52 8.9 Failure to remove redundant crossing or reinstate kerb,\ndrain, footpath, verge or street 100\n53 8.12 Failure to comply with condition of use of a street indicated\nby a sign 100\n54 9.1(1) Animal or vehicle obstructing public place without\nauthorisation 100\n55 9.2(2) Animal in public place when not led, ridden or driven 100\n56 9.3 Failure to clearly mark name or trading name on shopping\ntrolley 100\n57 9.4 Person leaving a shopping trolley in a public place other\nthan trolley bay 100\n58 9.5 Failure to remove shopping trolley after being advised of\nlocation 100\n59 10.7 Failure to comply with permit condition 100\n60 10.18 Failure to comply with permit condition in relation to local\n61 10.17,\n10.19,\n10.20\nFailure to produce permit for inspection, amendment or to\nreturn permit when no longer in effect 100\n\n5 January 2021 GOVERNMENT GAZETTE, WA 49\nItem\n62 12.6 Failure to comply with notice 300\n63 12.7 All other offences not specified 100\n————\nDated 26 November 2020.\nThe Common Seal of the City of Greater Geraldton was affixed by authority of a resolution of the\ncouncil in the presence of—\nSHANE VAN STYN, Mayor.\nROSS McKIM, Chief Executive Officer.\n\nPERTH, THURSDAY, 14 JANUARY 2021 No. 11 SPECIAL\nCONSOLIDATED LOCAL LAW\n\n14 January 2021 GOVERNMENT GAZETTE, WA 183\nCONSOLIDATED LOCAL LAW 2020\n1.1 Short title\n1.4 Read as a whole\n1.5 Repeal\n1.6 Fees\n1.7 Delegation\nPART 2—GENERAL INTERPRETATION\n2.1 Terms used\n2.2 Interpretation\n3.1 Terms used\n3.2 Activities requiring permission\n3.3 Notice to remove anything unlawfully placed on local government property\n3.4 Liability for damage to local government property\n3.5 Intoxicated persons not to enter local government property\n3.6 No possession or consumption of liquor or prohibited drug\n3.7 Permission required to camp outside a facility\n3.8 When entry must be refused into swimming pool facility\n3.9 Prohibitions on use of jetty\n3.10 Only specified gender to use entry of toilet block or change room\n3.11 No unauthorised entry to function\n3.12 Permission required for vehicle crossing\n3.13 Removal of redundant crossing\n3.14 Assignment of property numbers\n3.15 No smoking\nDivision 1: General\n4.1 Leaving animal on local government property\n4.2 Prohibitions relating to animals\n4.3 Taking or injuring any animal\n4.4 Restrictions on feeding wildlife\n4.5 Damaging or interfering with local government property used for seizing animal\nDivision 2: Cats\n4.6 Terms used\n4.7 Limitation on the number of cats\n4.8 Nuisance cat\n\n","sortOrder":40},{"sectionNumber":"184","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"184 GOVERNMENT GAZETTE, WA 14 January 2021\nDivision 3: Dogs\n4.9 Dogs to be confined\n4.10 Limitation on the number of dogs\n4.11 Where application cannot be approved for kennel establishment\n4.12 Impounding of dog charges and costs\n4.13 Fouling local government property\nDivision 4: Horses (Stable Premises)\n4.14 Terms used\n4.15 Requirement for registration\n4.16 Application for registration\n4.17 Property inspection\n4.18 Expiry, suspension and cancellation of registration\n4.19 Requirements for the construction of stable premises\n4.20 Yards and training/walking rings\n4.21 Limitation of number of horses\n4.22 Required minimum setbacks\n4.23 Exemption for existing stable premises\n4.24 Waste receptacles\n4.25 Feed storage\n4.26 Cleanliness standards\n4.27 Maintenance standards\n4.28 Liability for default\nPART 5—FENCING\n5.1 Terms used\n5.2 Application\n5.3 Specified public place\n5.4 Sufficient fences\n5.5 Fences within front setback areas\n5.6 Maintenance of fences\n5.7 General discretion of the local government\n5.8 Fencing materials\n5.9 Prohibited fencing materials\n5.10 Fencing materials requiring permission\n5.11 Transfer of approval\n5.12 Cancellation of approval\n6.1 Terms used\n6.2 Nuisance\n6.3 Amusement activities\n6.4 Emission or reflection of light\n6.5 Notice of reflective surface or lighting\n6.6 Truck noise from residential land\n6.7 Disposing of disused refrigerators or similar containers\n6.8 Shopping trolley to be marked\n6.9 Person not to abandon shopping trolley\n6.10 Retailer to remove abandoned shopping trolley\n6.11 Measures to prevent release of dust or liquid waste\n6.12 Notice of dust or liquid waste release\n6.13 Notice to cease work\n6.14 Notice of potential dust or liquid waste release\n6.15 Revocation of notice\n7.1 Terms used\n7.2 General prohibitions\n7.3 Activities requiring permission\n7.4 Notice to redirect or repair sprinkler\n7.5 Permissible verge treatments\n7.6 Only permissible verge treatments to be installed\n7.7 Obligations of owner or occupier\n7.8 Transitional provision\n7.9 Power to carry out public works on verge\n\n14 January 2021 GOVERNMENT GAZETTE, WA 185\n8.1 Terms used\n8.2 Signs erected by the local government\n8.3 Transitional\n8.4 Unauthorised signs and defacing of signs\n8.5 Advertising signs\n8.6 Impounding of advertising signs\n8.7 Portable signs\n8.8 Real estate directional signs\nPART 9—TRADING IN PUBLIC PLACES, STALLHOLDERS, PUBLIC PERFORMERS AND\nOUTDOOR EATING FACILITIES\n9.1 Terms used\n9.2 Stallholder’s permit\n9.3 Trader’s permit\n9.4 Relevant considerations in determining application for stallholder’s or trader’s permit\n9.5 Conditions of stallholder’s or trader’s permit\n9.6 Exemptions from requirement to pay fee or to obtain a stallholder’s or trader’s permit\n9.7 Conduct of stallholders and traders\n9.8 Street performer permit\n9.9 Variation of permitted area and permitted time to perform\n9.10 Cancellation of street performer permit\n9.11 Conduct of street performer\n9.12 Permit required to conduct an outdoor dining area\n9.13 Considerations for determining an application for an outdoor dining area permit\n9.14 Conditions of outdoor dining area permit\n9.15 Conduct of an outdoor dining area permit holder\n9.16 Removal of an outdoor dining area unlawfully conducted\n9.17 Use of an outdoor dining area by public\n9.18 Temporary removal of outdoor dining area may be requested\n10.2 Decision on application for permit\n10.3 Conditions which may be imposed on a permit\n10.4 Imposing conditions under a policy\n10.5 Compliance with and variation of conditions\n10.6 Duration of permit\n10.7 Transfer or renewal of permit\n10.8 Production of permit\n10.9 Cancellation of permit\n10.10 Agreement for building\n10.11 Responsibilities of permit holder\n10.12 Application of Part 9, Division 1 of the LG Act objections and review\n","sortOrder":41},{"sectionNumber":"Part 11","sectionType":"part","heading":"VEHICLES AND PARKING","content":"PART 11—VEHICLES AND PARKING\n11.1 Terms used\n11.2 Parking Region\n11.3 Directional Arrows\n11.4 Application\n11.5 Part of street to which sign applies\n11.6 Classes of vehicles and persons\n11.7 Powers of the local government\n11.8 Determine parking bays and parking stations\n11.9 Vehicles to be within parking bay\n11.10 Parking prohibitions and restrictions\n11.11 Restrictions on parking in particular areas\n11.12 Parking vehicle on a carriageway\n11.13 When parallel and right-angled parking apply\n11.14 When angle parking applies\n11.15 General prohibitions on parking\n11.16 Authorised person may order vehicle to be moved\n11.17 Authorised person may mark tyres\n11.18 No movement of vehicles to avoid time limitation\n11.19 No parking of vehicles exposed for sale and in other circumstances\n\n","sortOrder":42},{"sectionNumber":"186","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"186 GOVERNMENT GAZETTE, WA 14 January 2021\n11.20 Parking on private land\n11.21 Driving or parking on local government property\n11.22 Lawfully parked vehicles deemed an obstruction\n11.23 Unlawfully parked vehicles\n11.24 Vehicle causing an obstruction\n11.25 Suspension of parking limitations for urgent, essential or official duties\n11.26 Special event parking\n11.27 No stopping and no parking signs\n11.28 Stopping in a loading zone\n11.29 Stopping in a taxi, bus or mail zone\n11.30 Other limitations in zones\n11.31 Stopping in a shared zone\n11.32 Stopping in a designated lane\n11.33 Double parking\n11.34 Stopping near an obstruction\n11.35 Stopping on a bridge or in a tunnel\n11.36 Stopping on crests and curves\n11.37 Stopping near a fire hydrant\n11.38 Stopping at or near a bus stop\n11.39 Stopping on a path, median strip, painted island or traffic island\n11.40 Stopping on verge\n11.41 Obstructing access to and from a path or driveway\n11.42 Stopping near a letter box\n11.43 Heavy and long vehicles stopping on a carriageway\n11.44 Stopping on a carriageway with a bicycle parking sign\n11.45 Stopping on a carriageway with motor cycle parking sign\n11.46 Removal of notices on vehicle\n11.47 Signs must be complied with\n11.48 General provisions about signs\n11.49 Special purpose and emergency vehicles\n11.50 Averment on complaint as to clause 11.4(2) agreement\n11.51 No driving on closed street\n11.52 Preexisting signs\n12.1 Terms used\n12.2 Rates, fees and charges\n12.3 Power to provide waste services\n12.4 Supply of receptacles\n12.5 Deposit of waste in receptacles\n12.6 Direction to place or remove a receptacle\n12.7 Duties of owner or occupier\n12.8 Exemption\n12.9 Damaging or removing receptacles\n12.10 Verge collections\n12.11 Removal of waste from premises\n12.12 Receptacles and containers for public use\n12.13 Waste control on building sites\n12.14 Other costs and expenses\n12.15 Form of notices\n13.1 Terms used\n13.2 Property hire\n13.3 Determinations as to use of local government property\n13.4 Procedure for making a determination\n13.5 Discretion to erect a sign\n13.6 Determination to be complied with\n13.7 Amendment or revocation of a determination\n13.8 Activities which may be pursued on specified local government property\n13.9 Activities which may be prohibited on specified local government property\n14.1 Authorised person\n14.2 Employees and authorised persons\n\n14 January 2021 GOVERNMENT GAZETTE, WA 187\n14.3 Notice of breach\n14.4 Local government may undertake requirements of notice\n14.5 Power of Entry\n14.6 Modified Penalties\n14.7 Offences\nPART 15—SCHEDULES\nSCHEDULE 1—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT\nSCHEDULE 2—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL OR\nINDUSTRIAL LOT\nSCHEDULE 3—ABANDONED SHOPPING TROLLEY RESTRICTED AREAS\nSCHEDULE 4—PRESCRIBED OFFENCES\n\n14 January 2021 GOVERNMENT GAZETTE, WA 189\nCONSOLIDATED LOCAL LAW 2020\nUnder the powers conferred on it by the Local Government Act 1995, Cat Act 2011, Dividing Fences\nAct 1961, Dog Act 1976, and Waste Avoidance and Resource Recovery Act 2007 and all other enabling\npowers, the Council of the City of Belmont resolved on 27 October 2020 to make the following local\nlaw.\n1.1 Short title\nThis is the City of Belmont Consolidated Local Law 2020.\nThis local law commences 14 days after the day on which it is published in the Government Gazette.\nThis local law applies throughout the district.\n1.4 Read as a whole\nThis local law must be read as a whole and the treatment of the subject matter in one part does not\nexclude the treatment of the same subject matter in another part.\n1.5 Repeal\nThe following local government local laws are repealed—\n(a) Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law\npublished in the Government Gazette 13 September 2001; and\n(b) Dust and Liquid Waste Local Law 2007 published in the Government Gazette 29 May 2007;\nand\n(c) Dogs Local Law published in the Government Gazette 13 September 2001; and\n(d) Local Government Property Local Law published in the Government Gazette 13 September\n2001; and\n(e) Local Laws Relating To Fencing published in the Government Gazette 13 September 2001;\nand\n(f) Parking and Parking Facilities Local Law published in the Government Gazette 22 August\n2002; and\n(g) Stable Premises Local Law 2015 published in the Government Gazette 29 July 2015; and\n(h) Urban Environment and Nuisance Local Law published in the Government Gazette\n","sortOrder":43},{"sectionNumber":"13","sectionType":"section","heading":"September 2001; and","content":"13 September 2001; and\n(i) Clauses 35—47 of Part 4—Waste Food and Refuse of the City of Belmont Health Local Law\n2002 published in the Government Gazette 13 August 2002.\n1.6 Fees\n(1) Where provision is made in this local law for fees and where the power to impose such fees is\ncontained in legislation other than the LG Act, then those fees are to be determined and imposed\nunder and in accordance with that legislation.\n(2) Where this local law provides for fees other than those referred to in subclause (1), such fees shall\nbe set and imposed in accordance with section 6.16 to 6.19 of the LG Act.\n(3) Fees referred to in subclauses (1) and (2) are to be as recorded in the Fees and Charges Schedule\nin the local government’s Annual Budget and that Schedule as published in the Annual Budget from\ntime to time is to apply as if it was a schedule of this local law and is referred to herein as the ‘Fees\nSchedule’.\n(4) Where provision is made in this local law for a fee to be paid for any licence, permit, registration,\nauthority or exemption, or any like or other consent, permission or approval, or any other service (the\nservice), then the person requiring the service or any renewal, variation or transfer thereof, shall pay\nthe fee as set out in the Fees Schedule at the time and in the manner provided for in this local law or\n\n","sortOrder":44},{"sectionNumber":"190","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"190 GOVERNMENT GAZETTE, WA 14 January 2021\nin the Fees Schedule, or otherwise as required by the responsible officer of the local government if no\napplicable provision is made in this local law or the Schedule.\n(5) Where provision is made in this local law for the payment of a fee for any service as referred to in\nsubclause (4), then—\n(a) in the absence of any provision to the contrary, the fee is to be paid to the local government\nupon the lodging or making of the application for the service; and\n(b) in the case of the renewal, variation or transfer of a licence, permit, registration, authority or\nany other service, the fee for the same is to be paid at the time of the application for the\nrenewal, and if there is no provision or requirement for an application, the fee is to be paid\nbefore the renewal, variation or transfer takes effect.\n1.7 Delegation\n(1) Subject to subclause (2), the local government may delegate any of its powers, functions and duties\nunder this local law in the absence of a delegation provision in the enabling legislation for any of the\nprovisions in this local law, the local government may delegate any of its powers, functions and duties\nunder this local law to the Chief Executive Officer for the time being of the local government, and the\nChief Executive Officer may delegate any such power, function or duty (other than the power of\ndelegation) to any other employee of the local government or to any other authorised person.\n(2) If there is an inconsistent provision for delegation in the enabling legislation for any of the\nprovisions in this local law, that inconsistent delegation provision will apply to the exclusion of the\nprovision in subclause (1).\nPART 2—GENERAL INTERPRETATION\n2.1 Terms used\n(1) In this local law unless the context otherwise requires—\napplicant means a person who applies for a permit or licence;\nAS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by\nStandards Australia as amended from time to time;\nauthorised person means a person appointed by the local government under section 9.10 of the\nLocal Government Act 1995, section 29(1) of the Dog Act 1976 or section 48(1) of the Cat\nAct 2011 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;\ncarriageway has the same meaning as in the Road Traffic Code 2000;\nCEO means the chief executive officer of the local government;\ncommencement date means the date on which this local law commences operation under\nclause 1.2;\nCouncil means the council of the local government;\ndangerous dog means a dog declared to be a dangerous dog under section 33E of the Dog\nAct 1976;\ndetermination means a determination made under clause 13.3;\ndistrict means the district of the local government;\nfootpath has the same meaning as in the Road Traffic Code 2000;\nfunction means an event or activity characterised by all or any of the following—\n(a) formal organisation and preparation; or\n(b) its occurrence is generally advertised or notified in writing to particular persons; or\n(c) organisation by or on behalf of a club; or\n(d) payment of a fee to attend it; or\n(e) systematic recurrence in relation to the day, time and place;\nintersection has the same meaning as in the Road Traffic Code 2000;\nkerb includes the edge of a carriageway;\nLG Act means the Local Government Act 1995;\nliquid waste means waste from any process or activity, whether useful or useless, that is in\nliquid form and includes paint, fuel, grease, fat, oil, degreaser, solvent, detergent, chemical,\nanimal waste, food waste, effluent and all discharges of liquid to land or water that are not\notherwise authorised by a written law but does not without limiting the generality of the\nforegoing include uncontaminated stormwater;\nliquor has the same meaning as in the Liquor Control Act 1988;\nlocal government means the City of Belmont;\nlocal government property means any building, land or thing that is owned, vested in, or under\nthe care, control or management of the local government, including but not limited to, any\nreserve, street, footpath, verge, tree, vehicle or otherwise unvested facility;\nlocal planning scheme means a local planning scheme of the local government made under the\nPlanning and Development Act 2005;\n\n14 January 2021 GOVERNMENT GAZETTE, WA 191\nlot has the same meaning as in the Planning and Development Act 2005, but also where the\ncontext permits includes a lot in relation to a strata scheme, a lot in relation to a survey\nstrata scheme, or a lot shown as common property on a survey strata plan, as those terms are\ndefined in the Strata Titles Act 1985;\nnuisance means unless the context of, or the enabling legislation for, a specific provision of this\nlocal law requires otherwise—\n(a) an activity or condition which is harmful or annoying to a person of reasonable\nsusceptibility, and which would give rise to legal liability in the tort of public or private\nnuisance at law; or\n(b) an unreasonable interference with a person’s use or enjoyment of land; or\n(c) interference which causes material damage to land or other property on the land\naffected by the interference;\noccupier has the same meaning as in the LG Act;\notherwise unvested facility has the same meaning as in the LG Act;\nowner has the same meaning as in the LG Act except—\n(a) where used in relation to a vehicle licensed under the Road Traffic Act 1974, means the\nperson in whose name the vehicle has been registered under that Act; and\n(b) where used in relation to any other vehicle, means the person who owns, or is entitled\nto possession of that vehicle;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\nperson includes a body corporate, association or other body of persons but does not include the\nlocal government;\npublic place includes a place to which the public ordinarily have access whether or not by\npayment of a fee;\nSchedule means a schedule to this local law;\nstreet means any road, thoroughfare, highway or land used for vehicular or pedestrian traffic,\nand includes all land lying between property lines, including the verge and footpath;\nvehicle includes—\n(a) every conveyance, not being a bicycle, train, vessel or aircraft, and every object capable\nof being propelled or drawn, on wheels or tracks, by any means, whether licensed or\nnot; and\n(b) where the context permits, an animal being driven or ridden;\nverge means the portion of a street which lies between the boundary of a carriageway and the\nadjacent property line.\n(2) Where, in this local law, a duty or liability is imposed on an owner or occupier the duty or liability\nis taken to be imposed jointly and severally on each of the owners or occupiers.\n2.2 Interpretation\n(1) Terms used in this local law which are defined in section 5 of the Interpretation Act 1984 have the\nmeanings given in that section notwithstanding any provision in this clause to the contrary.\n(2) Where there is a definition of a term in this local law, the term when used in this local law has the\nmeaning given in that definition unless the context of a specific provision requires otherwise, or\nunless the enabling legislation for that specific provision requires otherwise.\n(3) If a term used in this local law does not have a definition in the Interpretation Act 1984 or in this\nlocal law, the meaning will be as follows—\n(a) as the term is defined in the enabling provision for those provisions which provide the context\nfor the term in this local law; and\n(b) if there is no definition as provided in (a), then as the term is defined in the Local\nGovernment Act 1995; and\n(c) if there is no definition as provided in (a) and (b), then the meaning is to be ascertained by the\ngeneral principles of statutory interpretation.\n3.1 Terms used\njetty means and includes any jetty, pier, wharf and landing place which is local government\ncrossing means a crossing giving access from public land to—\n(a) private land; or\n(b) a private thoroughfare serving private land.\n3.2 Activities requiring permission\n(1) A person must not, without the permission of the local government—\n(a) subject to Part 7, place or drain anything onto local government property which may create a\nnuisance; or\n\n","sortOrder":45},{"sectionNumber":"192","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"192 GOVERNMENT GAZETTE, WA 14 January 2021\n(b) destroy, damage, deface, remove or interfere with any local government property; or\n(c) 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 local government property; or\n(d) enter local government property which has been fenced off or closed to the public by a sign or\notherwise; or\n(e) cause any obstruction to a vehicle or a person using local government property; or\n(f) alter, obstruct, or interfere with, any watercourse, drain, tunnel, or bridge that is local\ngovernment property; or\n(g) hoist anything over local government property; or\n(h) advertise anything by any means on local government property; or\n(i) teach, coach or train, for profit, on local government property; or\n(j) conduct a function on local government property; or\n(k) charge any person for entry onto local government property; or\n(l) light a fire or burn anything on local government property except in a facility provided for\nthat purpose; or\n(m) parachute, hang glide, abseil or base jump from or on to local government property; or\n(n) make any excavation on or erect or remove any fence on local government property; or\n(o) play or practice golf on local government property except on a reserve set aside for the\npurpose of playing golf.\n(2) The local government may exempt a person from compliance with subclause (1) on the written\napplication by that person.\n3.3 Notice to remove anything unlawfully placed on local government property\nWhere anything is placed on local government property in contravention of this local law, the local\ngovernment may give written notice to the person responsible for the thing being so placed, requiring\nthat person to remove the thing from the local government property.\n3.4 Liability for damage to local government property\n(1) Where a person damages local government property, the local government may by notice in\nwriting to that person require that person within the time stipulated in the notice to pay the costs, at\nthe option of the local government, of either—\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 evidence establishing on the balance of probabilities to the contrary, a person\n(hereafter referred to as the accused person) is to be taken to have damaged local government\nproperty within subclause (1)—\n(a) in a case where a vehicle or a boat caused the damage, the accused person is the person\nresponsible, at the time the damage occurred, for the control of the vehicle or boat; or\n(b) in a case where the damage occurred when an approval, permit or permission was in force,\nauthorising a person to occupy or use the local government property, the accused person is\nthe person who was granted the approval, permit or permission.\n(3) On a failure to comply with the notice issued under subclause (1), the local government may\nrecover the costs referred to in the notice in a court of competent jurisdiction as a debt due to the local\ngovernment.\n3.5 Intoxicated persons not to enter local government property\nA person must not enter or remain on local government property while intoxicated.\n3.6 No possession or consumption of liquor or prohibited drug\n(1) A person must not consume or have possession of or be in control of any liquor or prohibited drug,\non local government property, unless—\n(a) permitted under the Liquor Control Act 1988 or under another written law; or\n(b) in accordance with a permit.\n(2) Subclause (1) does not apply where the liquor is in a sealed and unopened container.\n3.7 Permission 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 must not without the permission of the local government—\n(a) camp on, lodge at or occupy any structure or vehicle at night for the purpose of sleeping on\nlocal government 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\n14 January 2021 GOVERNMENT GAZETTE, WA 193\n(4) The maximum period for which the local government may approve an application for permission in\nrespect of subclause (3)(a) or (3)(b) is as provided in regulation 11(2)(a) of the Caravan Parks and\nCamping Grounds Regulations 1997.\n3.8 When entry must be refused into swimming pool facility\nmanager means the person for the time being employed or contracted by the local government to\ncontrol and manage a swimming pool facility which is local government property and includes\nthe person’s assistant.\n(2) A manager or an authorised person must refuse admission to, may direct to leave or must remove\nor cause to be removed from a swimming pool facility any person who—\n(a) in their opinion is—\n(i) under the age of 12 years and who is unaccompanied by a responsible person of at least\n18 years of age; or\n(ii) suffering from any gastrointestinal disease, skin infection or other disease that is\ncommunicable in an aquatic environment; or\n(iii) intoxicated; or\n(iv) a baby or young child, who would ordinarily wear a nappy, not wearing an aqua-nappy;\nor\n(b) is the subject of a decision by the local government to be refused entry for behaviour that is\ninappropriate, disruptive or causes a potential danger or threat to any person or damage to\nproperty.\n3.9 Prohibitions on use of jetty\n(1) A person must not, without the permission of the local government—\n(a) drive or ride any vehicle onto a jetty; or\n(b) take or allow an animal onto a jetty; or\n(c) use, hang or dry any fishing net on a jetty; or\n(d) tie or moor any boat so as to cause obstruction or prevent others from lawfully using the jetty\nor contravene any other conditions of use for the jetty.\n(2) Subclause (1)(b) does not apply to a dog, fish or bait.\n3.10 Only specified gender to use entry of toilet block or change room\n(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or\nchange room is to be used by—\n(a) females, then a person of the male gender must not use that entry of the toilet block or\nchange room; or\n(b) males, then a person of the female gender must not use that entry of the toilet block or\nchange room.\n(2) Clauses 3.10(1)(a) and (b) do not apply to—\n(a) children under the age of 6 years when accompanied by a parent, guardian or other person\nwho is taking care of that child; or\n(b) a person providing assistance to a disabled person.\n3.11 No unauthorised entry to function\n(1) A person must not enter local government property on such days or during such times as the local\ngovernment property is set aside for a function whether or not the function is one for which a charge\nfor admission is authorised, except—\n(a) through the proper entrance for that purpose; and\n(b) on payment of any fee chargeable for admission at the time.\n(2) The local government may exempt a person from compliance with subclause (1)(b).\n3.12 Permission required for vehicle crossing\n(1) Where it is likely that works on a lot will involve vehicles leaving a street and entering the lot, the\nperson responsible for the works must obtain permission from the local government for the\nconstruction of a temporary crossing to protect the existing carriageway, kerb, drains and footpath,\nwhere—\n(a) a crossing does not exist; or\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) The person responsible for the works in subclause (1) is to be taken to be—\n(a) the builder named on the building permit issued under the Building Act 2011, if one has been\nissued in relation to the works; or\n(b) the demolition contractor named on the demolition permit issued under the Building\nAct 2011, if one has been issued in relation to the works; or\n(c) the registered proprietor of the lot, if no building or demolition permit has been issued under\nthe Building Act 2011 in relation to the works.\n\n","sortOrder":46},{"sectionNumber":"194","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"194 GOVERNMENT GAZETTE, WA 14 January 2021\n(3) If the local government grants permission for the purpose of subclause (1), the permission is taken\nto be issued on the condition that until such time as the temporary crossing is removed, the builder,\ndemolition contractor or registered proprietor must keep the temporary crossing in good repair and in\nsuch a condition so as not to create any danger or obstruction.\n3.13 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, street and any other local government property affected\nby the removal 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 the owner\nor occupier to—\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, street and any other local government property,\nwhich may be affected by the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot must comply with\nthat notice.\n3.14 Assignment of property numbers\nnumber means a number of a lot with or without an alphabetical suffix indicating the address of\nthe lot by reference to a street.\n(2) 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(3) An assigned number must be displayed in a prominent position on or at the front of the lot so that\nit is clearly visible from the carriageway of the principal fronting street.\n3.15 No smoking\nA person must not smoke within a 5 metre radius of any entrance or exit of premises on local\nDivision 1: General\n4.1 Leaving animal on local government property\n(1) Subject to the provisions of subclause (2) a person must not permit an animal to remain\nunattended on local government property.\n(2) An animal may be secured on local government property wherein animals may lawfully be secured\nfor the purposes of this local law but only if secured for a period not exceeding 1 hour unless with the\npermission of the local government.\n4.2 Prohibitions relating to animals\nA person must not, on local government property—\n(a) allow an animal to enter or remain for any time unless it is led, ridden or driven; or\n(b) allow an animal which has a contagious or infectious disease to enter or be led, ridden or\ndriven; or\n(c) train, race, lead, ride or drive an animal so as to damage local government property; or\n(d) depasture any animal without the permission of the local government.\n4.3 Taking or injuring any animal\nA person must not, take, injure or kill or attempt to take, injure or kill any animal or animal egg\nwhich is on or above local government property, unless that person is authorised under a written law\nto do so.\n4.4 Restrictions on feeding wildlife\n(1) A person must not feed wildlife on local government property—\n(a) so as to cause a nuisance; or\n(b) with a food or other substance that is not a natural food for that wildlife.\n(2) Where an authorised person forms the opinion that a person has not complied with subclause (1)\nthe authorised person may give written notice requiring the person to clean up and properly dispose\nof any food or other substance including waste products specified in the notice.\n4.5 Damaging or interfering with local government property used for seizing animal\nA person must not destroy, break into, damage or in any way interfere with or render not animal\nproof any local government property used for the purpose of catching, holding or conveying a seized\nanimal.\nDivision 2: Cats\n4.6 Terms used\nIn this Division unless the context otherwise requires—\ncat means an animal of the species felis catus or a hybrid of that species;\n\n14 January 2021 GOVERNMENT GAZETTE, WA 195\nowner has the same meaning as in the Cat Act 2011;\npremises has the same meaning as in the Cat Act 2011.\n4.7 Limitation on the number of cats\n(1) Subject to subclause (5), a person must not, without an exemption in writing from the local\ngovernment, keep more than 2 cats over the age of 6 months on premises.\n(2) An owner or occupier of premises may apply in writing to the local government for exemption from\nthe requirements of subclause (1).\n(3) The local government must not grant an exemption under this clause unless it is satisfied that the\nnumber of cats to be kept will not be a nuisance or injurious or dangerous to health.\n(4) An exemption granted under this clause must specify—\n(a) the owner or occupier to whom the exemption applies; and\n(b) the premises to which the exemption applies; and\n(c) the maximum number of cats which may be kept on the premises.\n(5) A person may keep more than 2 cats on premises where a defence or an exemption under\nregulation 6(2) or 6(3) of the Cat (Uniform Local Provisions) Regulations 2013 applies.\n4.8 Nuisance cat\n(1) The owner of a cat, or any other person in control of a cat, must not allow a cat to create a\nnuisance.\n(2) Where, in the opinion of an authorised person, a cat is creating a nuisance, the local government\nmay give written notice to the owner of the cat or any other person apparently in control of the cat,\nrequiring 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 on the notice or until the local government\nwithdraws the notice.\n(4) A person given a notice to abate the nuisance must comply with the notice within the period\nspecified in the notice.\nDivision 3: Dogs\n4.9 Dogs to be confined\n(1) An occupier of premises on which a dog is kept must—\n(a) cause the portion of the premises on which the dog is kept to be fenced in a manner capable of\nconfining the dog; and\n(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height\nand construction which having regard to the breed, age, size and physical condition of the dog\nis capable of preventing the dog at all times from passing over, under or through it; and\n(c) 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 that the dog\nremains confined) and is fitted with a proper latch or other means of fastening it; and\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(2) Notwithstanding subclause (1), the confinement of dangerous dogs is dealt with in the Dog\nAct 1976 and Dog Regulations 2013.\n4.10 Limitation on the number of dogs\n(1) This clause does not apply to premises which have been granted an exemption under section 26(3)\nof the Dog Act 1976.\n(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of\nsection 26(4) of the Dog Act 1976, 2 dogs over the age of 3 months and the young of those dogs under\nthat age.\n4.11 Where application cannot be approved for kennel establishment\nThe local government cannot approve an application for a licence to keep an approved kennel\nestablishment on premises where—\n(a) an approved kennel establishment cannot be permitted by the local government on the\npremises under a local planning scheme; or\n(b) an approval required under a local planning scheme has not been granted.\n4.12 Impounding of dog charges and costs\nThe following are to be imposed and determined by the local government under sections 6.16 to 6.19\nof the Local Government Act 1995—\n(a) the charges to be levied under section 29(4) of the Dog Act 1976 relating to the seizure and\nimpounding of a dog; and\n(b) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Dog\nAct 1976.\n\n","sortOrder":47},{"sectionNumber":"196","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"196 GOVERNMENT GAZETTE, WA 14 January 2021\n4.13 Fouling local government property\n(1) Any person liable for the control of a dog who permits that dog to defecate on local government\nproperty or on any land within the district without the consent of the occupier of that land must\nremove forthwith and dispose of the faeces either on private land with the written consent of the\noccupier or in such other manner as the local government approves.\n(2) Notwithstanding clause 14.7, the penalty for an offence under clause 4.13(1) is $1000.\nDivision 4: Horses (Stable Premises)\n4.14 Terms used\nIn this Division unless the context otherwise requires—\nassociated building means a feed room, gear room, shoeing area, hosing down area, shelter or\nveterinary treatment room connected to the care and management of horses;\ndwelling house means a building used solely for human habitation, and also means any part of a\nbuilding which is designed for use as a self-contained unit for living purposes and is used\nsolely for human habitation, but does not include open verandas or patios;\nEnvironmental Health Officer means any Environmental Health Officer appointed by the local\ngovernment under the Public Health Act 2016;\nhabitable room has the meaning given to it in the National Construction Code;\nhorse means any animal belonging to the subspecies Equus ferus caballus;\nNational Construction Code means the latest edition of the National Construction\nCode published from time to time by, or on behalf of, the Australian Building Codes Board, as\namended from time to time, but not including explanatory information published with that\ncode;\nsleeping quarters means a room within a stable premises that is used by people for resting\npurposes but is not a place of residence;\nstable premises means a building for the keeping, caring and feeding of 1 or more horses;\nstall means a single compartment in a stable premises in which 1 horse is kept;\ntraining/walking ring means an area where horses are temporarily contained for the purpose\nof training and exercise;\nwalk-in/walk-out stall means a single compartment in a stable premises with a sand floor and\na floor area of a minimum of 28 square metres for the keeping of 1 horse;\nyard means an area contained by a fence or rails where horses are kept during day-light hours\nonly.\n4.15 Requirement for registration\n(1) A person must not keep or stable any horse within the district of the local government other than\nin a stable premises registered under this local law.\n(2) A person must not keep or stable in any stable premises a greater number of horses than the\nnumber for which the stable premises is registered.\n(3) Registration may only be granted in the name of the owner of the property or an occupier holding\na lease on the whole of the property on which the stable premises are situated.\n(4) The provisions of this local law are in addition to, and do not derogate from, the provisions of any\nother written law.\n(5) Any condition of registration imposed by the local government under clause 10.2(1)(a) must be\ncomplied with.\n4.16 Application for registration\n(1) An application for the registration of a stable premise must be lodged with the local government\ntogether with such plans and other information as required by the local government.\n(2) Applications for the renewal of a registration must be submitted—\n(a) during the month of June; and\n(b) prior to the expiry of the registration.\n(3) If stable premises—\n(a) are registered in the name of the owner and the property is sold, the new owner must within\n28 days of the registration of the transfer of the property at Landgate, make application for a\nvariation to the name on the registration of the stable premises, and must pay the applicable\nfee; or\n(b) are registered in the name of an occupier holding a lease on the whole of the property, and the\nlease is terminated by any means whatsoever or assigned, the new occupier or the owner\nmust within 28 days of the termination or assignment of the previous lease, make application\nfor a variation in the name on the registration of the stable premises and must pay the\napplicable fee.\n(4) Where the owner or occupier of a registered stable premises intends to—\n(a) alter or amend the buildings, facilities or land designed or used for the keeping of a horse or\nhorses and equine activities; or\n(b) keep horses in excess of the number permitted on the current certificate of registration,\n\n14 January 2021 GOVERNMENT GAZETTE, WA 197\nthe owner or occupier must make an application for a variation to the registration and lodge the\nvariation application with the local government together with the variation fee and such,\nspecifications, drawings, particulars and information as the local government requires in relation to\nthe variation.\n4.17 Property inspection\nUpon receipt of a new application, the local government may cause the property to be inspected by an\nEnvironmental Health Officer who is to report on the sufficiency of the property as stable premises\nand such other matters as are required by this local law.\n4.18 Expiry, suspension and cancellation of registration\n(1) A registration is valid from the date of issue until the upcoming 30 June, unless it is suspended or\ncancelled prior to that date under this local law.\n(2) If a registration is not renewed prior to 30 June in the year following its date of issue, the\nregistration shall expire.\n(3) If registration of stable premises is granted in the name of the owner of the property, and the\nproperty is sold, and the new owner or a lessee of the whole of the property, does not within 28 days of\nthe registration of the transfer of the property at Landgate make an application under\nsubclause 4.16(3), any registration current at the time of the sale is, by force of this subclause,\ncancelled.\n(4) If registration of stable premises is granted in the name of an occupier holding a lease on the\nwhole of the property, if the lease expires or is surrendered or assigned, or is otherwise terminated,\nand the new occupier being lessee of the whole of the property, or otherwise the owner, does not\nwithin 28 days of the expiration, surrender or other termination of the lease, does not make an\napplication under subclause 4.16(3), any registration current at the time of termination or assignment\nof the lease is, by force of this subclause, cancelled.\n(5) Where a person to whom a registration has been granted—\n(a) fails to comply with a condition of registration; or\n(b) is convicted of an offence under this local law,\nthe local government may give written notice to such person of its suspension, cancellation, or refusal\nto renew the registration.\n(6) Where the local government suspends or cancels a registration under subclause (5), the suspension\nor cancellation will be effective from—\n(a) the date specified in the written notice; or\n(b) the same day on which the notice is issued, if no date is specified in the written notice.\n(7) Where a registration has been suspended under subclause (5), the local government may reinstate\nthe registration by giving written notice.\n4.19 Requirements for the construction of stable premises\n(1) The construction of a stable premises and its situation with respect to adjacent buildings must be\nin accordance with the National Construction Code, any local law and the local planning scheme, but\nthe local government may waive strict compliance with this requirement with respect to any approved\nstable premises in existence prior to the commencement date.\n(2) Subject to subclause (3), all stable premises and associated buildings must be built in brickwork or\nother materials approved by the local government and provided with a concrete floor having a\nminimum thickness of 75mm with a finished floor level at least 75mm above the surrounding ground\nlevel and where required, drained to the sewer or as otherwise approved by the local government.\n(3) Every stable premises must be constructed with full height external walls to the requirements of\nthe National Construction Code and any—\n(a) partition walls between stalls must not be less than 1.5 metres high; and\n(b) full height partition walls must provide a minimum area of 0.5 square metres of permanent\nventilation, not more than 300mm below the roofline.\n(4) Every stall must have an area of not less than 12 square metres with walls not less than 3 metres\nin length.\n(5) Every stall must be provided with a roof that covers the entire floor area of the stall and allows for\na minimum ceiling height of 2.7 metres with an average ceiling height of 3 metres.\n(6) Where an application proposes a stable premises with less than 10 stalls, each stall must be\nprovided with a yard that complies with the requirements of clause 4.20.\n(7) Where an application proposes a stable premises with 10 or more stalls, at least 1 yard that\ncomplies with the requirements of clause 4.20, must be provided for every 10 stalls.\n(8) The construction of walk-in/walk-out stalls must comply with the following requirements—\n(a) the site must be well drained with the highest known water table no closer than 1.2 metres\nbelow the ground or sand floor level, which may be achieved artificially; and\n(b) a bed of crushed, compacted limestone or any other proposed alternative acceptable to the\nlocal government, with a minimum thickness of 300mm must be laid under the sand floor;\nand\n\n","sortOrder":48},{"sectionNumber":"198","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"198 GOVERNMENT GAZETTE, WA 14 January 2021\n(c) whether natural or imported sand is used for the sand floor, it must be clean, coarse and free\nfrom dust; and\n(d) footings must be a minimum of 450mm below ground level; and\n(e) the design must provide a minimum access width of 1.5 metres and must allow sufficient\naccess for small earth moving machinery; and\n(f) the floor area must not be less than 28 square metres and must have a minimum ceiling\nheight of 2.7 metres with an average ceiling height of 3 metres; and\n(g) walls must have a minimum length of 4 metres; and\n(h) the roofed area must not be less than 80 percent of the floor area; and\n(i) where a walk-in/walk-out stall abuts a boundary fence with a minimum height of 1.8 metres\nand built of masonry or other approved materials of similar or better quality, the walk-\nin/walk-out stall is not required to have a separation fence or railing 1.2 metres from the\nboundary; and\n(j) where a separation fence or railing is required then the relevant measurements for the\n28 square metre area in subclause (8)(f) are to be taken from the separation fence or railing\nand not from the boundary of the adjoining property; and\n(k) on a corner lot, a walk-in/walk-out stall may be permitted to the street boundary, provided\nthe boundary fence is 1.8 metres high and constructed of masonry or other material of similar\nor better quality; and\n(l) in all other respects subclause 4.19(1) must apply.\n(9) Any room used for the purpose of general administration or as sleeping quarters must as a\nminimum be separated from the stable premises by a door.\n4.20 Yards and training/walking rings\n(1) Yards and training/walking rings must conform to the following requirements—\n(a) the site must be well drained with the highest known water table no closer than 1.2 metres\nbelow the ground or sand floor level, which may be achieved artificially; and\n(b) a bed of crushed, compacted limestone or any other proposed alternative acceptable to the\nlocal government, with a minimum thickness of 300mm, must be laid under the sand pad;\nand\n(c) whether natural or imported sand is used for the sand floor, it must be clean, coarse and free\nfrom dust; and\n(d) the floor area must not be less than 28 square metres and the side of each yard or\ntraining/walking ring must not be less than 4 metres in length; and\n(e) yards and training/walking rings must be provided with a separation fence or railing at a\ndistance of not less than 1.2 metres from the boundary of any adjoining property not in the\nsame ownership or occupation as the registered stable premises, except when in accordance\nwith subclause (1)(g); and\n(f) if a separation fence or railing is provided to comply with subclause (1)(e), then the relevant\nmeasurements for the 28 square metre floor area in subclause (1)(d) are to be taken from the\nseparation fence or railing and not from the boundary of the adjoining property; and\n(g) where a yard or training/walking ring abuts a boundary fence with a minimum height of\n1.8 metres and built of masonry or other approved materials of similar or better quality, the\nyard or training/walking ring is not required to have a separation fence or railing 1.2 metres\nfrom the boundary; and\n(h) on a corner lot, yards and training/walking rings may be permitted to the street boundary,\nprovided the boundary fence is 1.8 metres high and constructed of masonry or other material\nof similar or better quality.\n(2) Any roof erected over the whole or part of a yard or training/walking ring must have a minimum\nceiling height of 2.7 metres with an average ceiling height of 3 metres.\n(3) A person must not keep a horse overnight in a yard.\n4.21 Limitation of number of horses\n(1) A person must not keep more than the following number of horses on a property—\n(a) where the total area of the property is less than 900 square metres—six horses; and\n(b) where the total area of the property is between 900 and 1,400 square metres—six horses, plus\nan additional horse for every 50 square metres for which the total area of the property\nexceeds 900 square metres; and\n(c) where the property is in excess of 1,400 square metres—sixteen horses, plus an additional\nnumber of horses as approved by the local government.\n(2) Subclause (1) does not restrict the conditions which may be imposed by the local government\nunder clause 10.2(1)(a).\n4.22 Required minimum setbacks\nThe structures identified in Column 1 of Table 1 must be set back in accordance with the required\nsetbacks described in Column 2 of Table 1.\n\n14 January 2021 GOVERNMENT GAZETTE, WA 199\nTable 1\nColumn 1 Column 2\nStructure Required Setback\nStalls and walk-in/walk-out stalls No less than 6 metres from dwelling house on same property\nNo less than 10 metres from dwelling house on adjacent\nproperty\nNo less than 15 metres from commercial premises\nYards and training/walking rings No less than 6 metres from dwelling house on same property\nNo less than 10 metres from dwelling house on adjacent\nproperty\nNo less than 15 metres from commercial premises\nAssociated buildings—feed room,\ngear room, shoeing area, hosing\ndown area, shelter or veterinary\ntreatment room\nNo less than 6 metres from dwelling house on same property\nNo less than 10 metres from commercial premises\nNo less than 10 metres from any habitable room of a dwelling\nhouse on adjacent property\n4.23 Exemption for existing stable premises\n(1) Notwithstanding clause 4.22, the local government may vary or not apply the required setback\nbetween an existing structure described in Column 1 of Table 1 of clause 4.22 and any proposed\nbuilding on an adjacent property.\n(2) Where an existing stable premises is demolished and new stable premises are proposed, the\nexisting setbacks can be used but the setbacks cannot be less than those of the existing stable\npremises prior to demolition.\n(3) Where the exemption in subclause (2) is utilised, the owner of the stable premises must ensure\nthat the new stable premises are built and are operational or capable of being in operation within\n2 years of the demolition of the existing stable premises.\n4.24 Waste receptacles\n(1) Every stable premises must have mobile or free-standing fly-proof waste receptacles of a size,\nnumber and construction approved by the local government.\n(2) All stable premises waste, and without limiting the generality of the foregoing, including soiled\nbedding and manure produced on the premises, must be placed into a waste receptacle approved by\nthe local government for that purpose.\n(3) The contents of such receptacles must be removed from the stable premises at least once in every\nweek and more often if required by written notice from the local government.\n(4) All reasonable steps must be taken to ensure that the lid of each receptacle is kept closed at all\ntimes except when depositing waste or during cleaning of the receptacle.\n(5) Receptacles in which waste is placed must not be situated closer than 10 metres from any\nhabitable room on the same property or any premises or dwelling house on an adjacent property.\n4.25 Feed storage\nEvery stable premises must have impervious rodent-proof containers for the storing of horse feed.\n4.26 Cleanliness standards\nThe person in whose name a stable premises is registered must ensure that—\n(a) all manure and soiled bedding is swept up and placed in the approved waste receptacles at\nleast once every day; and\n(b) all waste receptacles are kept in a sanitary condition and the contents of such receptacles\nremoved in accordance with clause 4.24(3); and\n(c) any surface of any stable premises or associated building is promptly sprayed with an\napproved residual pesticide as required by written notice from the local government; and\n(d) any sand, wood shavings, sawdust or other materials are removed and replaced when\nimpregnated with urine, manure or any other offensive matter; and\n(e) stable premises are kept in a clean and sanitary condition and as far as practicable, free from\nflies, rats, other vectors of disease and offensive odours.\n4.27 Maintenance standards\nThe person in whose name a stable premises is registered must ensure that—\n(a) the stable premises and associated buildings are maintained in good working order, sound\nweatherproof condition and are fit for use, including but not limited to—\n(i) roofs, walls, floors, guttering, downpipes and on-site storm water disposal systems; and\n(ii) doors and windows; and\n(b) fences, railings and gates in the stable premises and associated buildings are maintained in\ngood working order and repair.\n\n","sortOrder":49},{"sectionNumber":"200","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"200 GOVERNMENT GAZETTE, WA 14 January 2021\n4.28 Liability for default\nThe person in whose name a stable premises is registered must ensure compliance with obligations\nimposed in this local law in respect of stable premises, but if in any case it appears some other person\nhad direct involvement in a breach, the local government may in any such case take action for default\nagainst the person in whose name the stable premises is registered, by reason of that person having\nresponsibility by reason of registration as the owner or occupier, or against the other person by reason\nof that person having direct responsibility for the breach.\nPART 5—FENCING\n5.1 Terms used\ncommercial lot means a lot where a commercial use—\ndangerous in relation to any fence means—\n(a) an electrified fence other than a fence in respect of which a written approval under Part\n5 of this local law has been issued; or\n(b) a fence containing barbed wire other than a fence erected and maintained in\naccordance with this local law; or\n(c) a fence containing exposed broken glass, razor wire or any other potentially harmful\nprojection or material; or\n(d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall,\nfrom any cause.\ndividing fence has the same meaning as in the Dividing Fences Act 1961;\nelectrified fence means a fence carrying or designed to carry an electric current;\nfence means any structure, including a retaining wall, used or functioning as a barrier,\nirrespective of where it is located and includes a gate in a fence or otherwise performing the\nfunction of a fence;\nfrontage means the boundary line between a lot and the street which the lot abuts;\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; or\nindustrial lot means a lot where an industrial use—\nopen construction in reference to a fence, means a fence with not less than one third of the face\nof the fence being visually open for the total length of the fence;\nowner has the same meaning as in the Dividing Fences Act 1961;\nresidential lot means a lot where a residential use—\nretaining wall means any structure which prevents the movement of soil in order to allow\nground levels of different elevations to exist adjacent to one another;\nsetback has the same meaning as in the Residential Design Codes;\nsufficient fence means a fence described in clause 5.4.\n5.2 Application\n(1) Subject to any requirements under a local planning scheme, Part 5 of this local law applies\nthroughout the district.\n(2) Where there is any inconsistency between this local law and a local planning scheme, the\nprovisions of the local planning scheme prevail.\n5.3 Specified public place\nThe following places are specified as a public place for the purpose of item 4(1) of Division 1 of\n","sortOrder":50},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"1 of the LG Act—","content":"Schedule 3.1 of the LG Act—\n(a) a public place; and\n(b) local government property.\n5.4 Sufficient fences\n(1) Unless by agreement between the owners of adjoining properties, an owner or occupier of a lot\nmust not erect or permit the erection of a dividing fence that is not a sufficient fence.\n(2) Subject to subclauses (3) and (4), and any provision contained in a local planning scheme, a\nsufficient fence on a—\n(a) residential lot is a dividing fence constructed and maintained in accordance with the\nspecifications and requirements of Schedule 1; or\n\n14 January 2021 GOVERNMENT GAZETTE, WA 201\n(b) commercial lot or an industrial lot is a dividing fence constructed and maintained in\naccordance with the specifications and requirements of Schedule 2.\n(3) Where a fence is erected on or near the boundary between a residential lot and—\n(a) an industrial lot, a sufficient fence is a dividing fence constructed and maintained in\naccordance with the specifications and requirements of Schedule 1; or\n(b) a commercial lot, a sufficient fence is a dividing fence constructed and maintained in\naccordance with the specifications and requirements of Schedule 2.\n(4) Unless the local government specifies 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 2.\n(5) Notwithstanding any other provisions in this local law, a fence constructed of brick, stone, concrete\nor any other masonry product or material will only be a sufficient fence if it is designed by a\nstructural engineer where—\n(a) it is greater than 1800mm in height; or\n(b) the local government so requires.\n5.5 Fences within front setback areas\n(1) A person must not, without the written consent of the local government, erect a fence greater than\n1200mm in height, within the front setback area of a residential lot.\n(2) The local government may approve the erection of a fence of a height greater than 1200mm in the\nfront setback area of a Residential Lot only if the fence on each side of the driveway into the lot across\nthe front boundary is to be angled into the lot for a distance of not less than 1500mm along the\nfrontage to a distance of not less than 1500mm from the frontage in order to provide appropriate\nsplayed lines of vision for a motorist using the driveway for access to a street.\n(3) In the case of a fence across the front boundary of a residential lot—\n(a) the fence must be of open construction, and where the fence includes or is constructed on a\nretaining wall, that portion of the fence above the retaining wall must be of open\nconstruction; and\n(b) where the fence includes a retaining wall, the height of the fence above the retaining wall\nmust not exceed 1200mm.\n(4) A fence across or near the front boundary of a residential lot must not be constructed of corrugated\nfibre cement sheeting, pre-painted steel sheeting or similar material whether as a singular method of\nconstruction or as part of a composite fence.\n(5) Subclause (3) does not apply in respect of a fence lawfully erected under a written law prior to the\ncoming into operation of this local law.\n5.6 Maintenance of fences\nAn owner and an occupier of a lot on which a fence is erected must maintain the fence in good\ncondition and so as to prevent it from becoming dangerous, dilapidated, or unsightly.\n5.7 General discretion of the local government\n(1) Notwithstanding clause 5.4, the local government may consent to the erection or repair of a fence\nwhich does not comply with the requirements of this local law.\n(2) In determining whether to grant its consent to the erection or repair of any fence, the local\ngovernment may consider, in addition to any other matter that it is authorised to consider, whether\nthe erection or retention of the fence would have an adverse effect on the—\n(a) safe or convenient use of any land; or\n(b) safety or convenience of any person.\n5.8 Fencing materials\n(1) A person must construct a fence on a residential lot, a commercial lot or an industrial lot from only\nbrick, stone, concrete, wrought iron, tubular steel, link mesh, timber, plastic coated or galvanized link\nmesh, corrugated fibre reinforced cement sheeting, pre-painted steel sheeting or other material\napproved by the local government.\n(2) Where the local government approves the use of pre-used materials in the construction of a fence\nunder subclause (1), that approval may be conditional on the applicant painting or treating the pre-\nused material as directed by the local government.\n5.9 Prohibited fencing materials\nIn constructing a fence a person must not use—\n(a) broken glass or any other potentially harmful projections or material; or\n(b) material that is likely to collapse or fall, or part of which is likely to collapse or fall, from any\ncause.\n5.10 Fencing materials requiring permission\n(1) An owner or occupier of a lot must not construct a—\n(a) barbed wire fence; or\n(b) electrified fence; or\n(c) razor wire fence,\nwithout the permission of the local government.\n\n","sortOrder":51},{"sectionNumber":"202","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"202 GOVERNMENT GAZETTE, WA 14 January 2021\n(2) Permission for a barbed wire fence or other materials with spiked or jagged projections is not to be\ngranted unless—\n(a) such barbed wire or other materials with spiked or jagged projections are carried on posts\nsuch that the bottom row of wire or other materials is not nearer than 2000mm from the\nground level; and\n(b) such barbed wire or other materials with spiked or jagged projections are carried on posts\nwith the top set at an angle of 45 degrees, and the bottom row of wire or other materials is set\nback 150mm from the face of the fence and is not nearer than 2000mm from the ground level;\nand\n(c) posts which carry such barbed wire or other materials with spiked or jagged projections are\nangled towards the outside of the lot bounded by the fence so that the face of the fence must\nbe set back from the lot boundary a sufficient distance to ensure that the angled posts, barbed\nwire or other materials do not encroach on adjoining land.\n(3) Permission to have or use an electrified fence will not be granted where—\n(a) the property is a residential lot or abuts a residential lot; or\n(b) the fence does not comply with AS/NZS 3016:2002 as amended from time to time; or\n(c) the fence is rendered operable during the hours of business operations, if any, on the lot\nwhere it is erected.\n(4) Permission to have a fence constructed wholly or partly of razor wire will not be granted—\n(a) if the fence is within 3 metres of the boundary of the lot; or\n(b) where any razor wire used in the construction of the fence is less than 2000mm or more than\n2400mm above the ground level.\n(5) An application for permission referred to in subclause (2), (3) or (4) must be made by the owner of\nthe lot on which the fence is or is to be erected, or by the occupier of the lot with the written consent of\nthe owner.\n5.11 Transfer of approval\nA written approval referred to in clause 5.10 passes with the land to any new owner or to any new\noccupier of the lot, as the case may be.\n5.12 Cancellation of approval\nThe local government may cancel a written approval issued under this Part if—\n(a) a fence given written approval no longer satisfies the requirements specified in\nsubclause 5.10(2) or 5.10(3) as the case may be; or\n(b) the owner or occupier breaches any condition upon which the written approval was issued.\n6.1 Terms used\nIn this Part unless the context otherwise requires—\namusement means anything usually conducted for amusement at a fair, carnival or show,\nwhether conducted at a fair, carnival, show or elsewhere;\ndust means any visible granular or particulate material which has or has the potential to become\nairborne and includes organic matter and sand, but does not include smoke;\nequipment means equipment, machinery or vehicles used for or in connection with the\ndevelopment of land;\nretailer means a proprietor of a shop in respect of which shopping trolleys are provided for the\nuse of customers of the shop;\nshopping trolley means a wheeled container or receptacle supplied by a retailer to enable a\nperson to transport goods;\ntruck means a vehicle having a tare in excess of 3,000 kgs;\n6.2 Nuisance\n(1) A person must not, on any local government property—\n(a) engage in any undertaking or activity or conduct any business in such a manner as to cause\nor permit the emission of dust, fumes, light, liquid waste, noise, odour, smoke or vibrations so\nas to create a nuisance; or\n(b) behave in a manner which is likely to interfere with the enjoyment of a person who might use\nthe local government property or interfere with the enjoyment of a person using the local\ngovernment property; or\n(c) use anything or do any other thing so as to create a nuisance.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n6.3 Amusement activities\n(a) provide or conduct any amusement on land so as to create a nuisance; or\n(b) erect a structure for public amusement or for any performance, whether for gain or otherwise,\nwithout the permission of the local government.\n\n14 January 2021 GOVERNMENT GAZETTE, WA 203\n6.4 Emission or reflection of light\nAn owner or occupier of land must ensure that—\n(a) artificial light is not emitted or reflected from anything on a lot so as to illuminate land\noutside the lot to more than 50 lux or so as to create or be a nuisance to any person; or\n(b) natural light is not reflected from anything on a lot so as to create or be a nuisance to any\nperson.\n6.5 Notice of reflective surface or lighting\nThe local government may give written notice to the owner or occupier of a lot—\n(a) requiring that any reflective surfaces creating a nuisance within clause 6.4(b) be painted or\notherwise treated so as to abate the nuisance; or\n(b) on which artificial lights are erected, requiring that the—\n(i) hours of use of the lighting be limited to the hours specified in the notice; or\n(ii) direction or angle in which the lights are shining be altered as specified in the notice.\n6.6 Truck noise from residential land\nA person must not start or drive a truck on land zoned, approved or used for residential purposes\nbetween the hours of 10pm and 7am on the following day without first obtaining the written consent\nof the local government.\n6.7 Disposing of disused refrigerators or similar containers\nA person must not place, leave or dispose of a disused refrigerator, icechest, icebox, trunk, chest or\nother similar article having a compartment which has a capacity of 0.04 cubic metres or more on any\nland without first—\n(a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or\n(b) rendering every door and lid incapable of being fastened.\n6.8 Shopping trolley to be marked\n(1) A retailer must clearly mark its name or its trading name on any shopping trolley made available\nfor the use of customers.\n(2) In 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 it.\n6.9 Person not to abandon shopping trolley\nA person must not leave a shopping trolley at a place other than—\n(a) on the premises of the retailer whose name is marked on the shopping trolley; or\n(b) in an area set aside for the storage of shopping trolleys by the retailer whose name is marked\non it.\n6.10 Retailer to remove abandoned shopping trolley\n(1) If a shopping trolley is found—\n(a) in a public place; or\n(b) on local government property; or\n(c) on private property without the permission of the retailer whose name is marked on the\nshopping trolley,\nother than in an area set aside for the storage of shopping trolleys, the local government may notify a\nretailer whose name is marked on the shopping trolley of the location of the shopping trolley.\n(2) If a shopping trolley is found within the restricted areas highlighted in Schedule 3, other than in\nan area set aside for the storage of shopping trolleys, the local government may notify a retailer\nwhose name is marked on the shopping trolley of the location of the shopping trolley.\n(3) A retailer must remove a shopping trolley within 24 hours of being notified of the location of the\nshopping trolley under subclause (1)(a) or (1)(b) or within 3 hours of being notified under\nsubclause (2).\n6.11 Measures to prevent release of dust or liquid waste\nAny owner or occupier of land and any person responsible for the release of dust or liquid waste on\nland must take measures which are effective to—\n(a) stabilise dust on the land; and\n(b) contain all liquid waste on the land; and\n(c) ensure no dust or liquid waste is released or escapes from the land whether by means of wind,\nwater or any other cause; and\n(d) ensure that no dust or liquid waste enters a stormwater drain or stormwater soakwell,\nregardless of whether the stormwater drain or stormwater soakwell is located on the land;\nand\n(e) notify the owners or occupiers of adjacent land in writing 48 hours prior to the\ncommencement of any activity that has the potential to cause the release or escape from the\nland of dust or liquid waste giving details of the—\n(i) nature of the activity; and\n\n","sortOrder":52},{"sectionNumber":"204","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"204 GOVERNMENT GAZETTE, WA 14 January 2021\n(ii) proposed time and location of the activity; and\n(iii) name of the person responsible for carrying out the activity and how and where that\nperson may be contacted.\n6.12 Notice of dust or liquid waste release\n(1) Where the local government or an authorised person forms the opinion that—\n(a) a person has not complied with subclause 6.11(a) or 6.11(b); or\n(b) dust or liquid waste has been released or escaped from the land or into a stormwater drain or\nstormwater soakwell,\nthe local government or an authorised person may give written notice requiring the owner, occupier\nor a person responsible for the release of the dust or liquid waste to—\n(i) comply with subclause 6.11(a) or 6.11(b); or\n(ii) clean up and properly dispose of any released or escaped dust or liquid waste; or\n(iii) clean up and make good any damage resulting from the released or escaped dust or liquid\nwaste; or\n(iv) take effective measures to stop any further release or escape of dust or liquid waste.\n(2) The requirements set out in a notice issued under subclause (1) must be complied with—\n(a) within 48 hours of service of the notice where no other time is specified; or\n(b) within such other period as is specified in the notice; or\n(c) immediately, if the notice so specifies.\n6.13 Notice to cease work\n(1) Where the local government or an authorised person forms the opinion that dust or liquid waste\nhas escaped or been released by reason of an activity undertaken on land or as a consequence of the\nuse of equipment on land, the local government or authorised person may direct, either orally or in\nwriting, notice to the owner, occupier or person responsible for the release of the dust or liquid waste,\nrequiring that the activity or use of the equipment on the land be ceased immediately.\n(2) A notice under subclause (1) may be given to any or all owners, occupiers or persons responsible\nfor the release of the dust or liquid waste.\n6.14 Notice of potential dust or liquid waste release\nWhere the local government or an authorised person is of the opinion that dust or liquid waste may be\nreleased or escape as a result of an activity which is likely to be carried on upon any land, the local\ngovernment or an authorised person may give written notice to the owner, occupier or person\nresponsible for the potential release of dust or liquid waste requiring that the activity only be carried\non subject to conditions specified in the notice.\n6.15 Revocation of notice\n(1) Where a notice is given to the owner, occupier or person responsible for the release of the dust or\nliquid waste and the owner, occupier or person responsible for the release of the dust or liquid waste\nsatisfies the local government or an authorised person within 48 hours, or by such other period as is\nspecified in the notice from the date of giving of the notice that—\n(a) they were not responsible for the conduct in respect of which the notice was given pursuant to\nclause 6.12, or the activity in respect of which a notice was given pursuant to clause 6.13, as\nthe case may be; and\n(b) they took all reasonable precautions to prevent the conduct or activity, as the case may be;\nand\n(c) where another person was responsible for the conduct or activity, they identify the person\nresponsible for the conduct or activity sufficiently to enable the notice to be issued to that\nperson,\nthe local government or an authorised person may revoke the notice.\n(2) Clause 6.15(1) shall not apply where a notice is issued to which subclause 6.12(2)(c) applies.\n7.1 Terms used\nacceptable hard surface material means any material which will create a hard surface, and\nwhich is approved by the local government;\ngarden means any part of the verge planted, developed or treated, otherwise than as a lawn,\nwith 1 or more plants but does not include the planting of a tree;\nlawn means any part of a verge or street which is planted only with grass, or a similar plant;\npermissible verge treatment means a treatment described in clause 7.5, and includes\nreticulation pipes and sprinklers installed for the purpose of the treatment;\nverge tree means a woody perennial plant generally having a single stem or trunk which will\ngrow to a height of approximately 4 metres or higher and is located on a verge.\n\n14 January 2021 GOVERNMENT GAZETTE, WA 205\n7.2 General prohibitions\n(a) plant a tree on any verge or other local government property; or\n(b) cut, prune, lop, damage, poison, remove or kill any tree or part of a tree on local government\n(c) plant any plant or sow seeds on local government property unless installing or maintaining a\npermissible verge treatment; or\n(d) damage a lawn or a garden on local government property, or remove any plant or part of a\nplant from a lawn or a garden on local government property, unless the person is the owner\nor the occupier of the lot abutting the relevant portion of the local government property, and\nthe lawn or the garden or the particular plant has not been installed, planted or maintained\nby the local government; or\n(e) install, place or keep on a verge any impervious material, synthetic turf, impervious synthetic\nmembrane or other synthetic material.\n7.3 Activities requiring permission\nA person must not, without the permission of the local government—\n(a) fell any tree on or across local government property; or\n(b) alter the level or gradient of a verge; or\n(c) unless installing or in order to maintain a permissible verge treatment—\n(i) lay pipes on or under any footpath or kerb or provide taps on any verge; or\n(ii) place or install anything on any part of a verge, and without limiting the generality of\nthe foregoing, including any gravel, stone, flagstone, cement, concrete slab, block,\npebbles, plastic sheeting, kerbing, bark, woodchips or sawdust.\n7.4 Notice to redirect or repair sprinkler\nWhere a sprinkler or other watering equipment is used on land abutting local government property in\na manner which causes or may cause an inconvenience or obstruction to any person using the local\ngovernment property, the local government may give written notice to the owner or the occupier of the\nabutting land, requiring the direction of the sprinkler or other watering equipment to be redirected or\nremoved.\n7.5 Permissible verge treatments\n(1) The owner or occupier of land abutting any part of a verge may on that part of the verge install the\nfollowing permissible verge treatments—\n(a) lawn;\n(b) a garden provided that—\n(i) clear visibility is maintained at all times for a person using the abutting land or using a\ndriveway on adjacent land; and\n(ii) plants are maintained at a height of no more than 750mm; and\n(iii) where there is no footpath, a person has safe and clear access over a minimum width of\n1.5 metres along that part of the verge abutting the kerb; and\n(iv) vegetation except for lawn, is not placed within 1.5 metres of a bus stop; and\n(v) only mulch, lawn and shrubs are placed within a 1.5 metre radius of the trunk of a\nverge tree; and\n(vi) plants are not a declared weed, poisonous, prickly in nature, or likely to cause a\nnuisance; and\n(vii) it does not cover or obstruct any man hole, gully or inspection pit which is serviced by a\npublic utility provider or the local government;\n(c) irrigation pipes and sprinklers not permanently fixed above the ground and—\n(i) connected from a water supply within the abutting land; and\n(ii) laid beneath the surface of the verge to a depth of 300mm; and\n(iii) not protruding above the surface of the lawn or garden including fittings and sprinkler\nheads; and\n(iv) having the water flow controlled through valves located within the abutting land; and\n(v) where connected to public water supply mains, comply with the requirements of the\nauthority responsible for the public water supply; and\n(vi) positioned to ensure that water does not spray on either footpaths or carriageways; and\n(vii) not laid any closer than 1.5 metres of an existing verge tree;\n(d) an acceptable hard surface material over no more than one third of the verge, excluding the\ncrossover, provided that—\n(i) the length of the front lot boundary, adjacent to the road, is greater than 12 metres;\nand\n(ii) the balance of the verge area is maintained as garden or lawn; and\n(iii) an area of open space a minimum of 1.5 metres in diameter is made available for the\nfuture installation of a verge tree where one does not already exist; and\n(iv) hard surfaces are set back a minimum of 1.5 metres, from the trunk of any verge tree.\n\n","sortOrder":53},{"sectionNumber":"206","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"206 GOVERNMENT GAZETTE, WA 14 January 2021\n(2) A person may with the permission of the local government install an acceptable hard surface\nmaterial over the entire verge where—\n(a) the width of the verge is less than 1 metre not including the width of the footpath; or\n(b) there are isolated remnant portions of verge less than 4 square metres in area on which it is\nnot practicable to maintain natural lawn and garden.\n7.6 Only permissible verge treatments to be installed\n(1) A person must not install or maintain a verge treatment which is not a permissible verge\ntreatment.\n(2) The owner and the occupier of the lot abutting a verge treatment referred to in subclause (1) is\neach to be taken to have installed and maintained that verge treatment for the purposes of this clause\nand clause 7.7.\n7.7 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permissible verge treatment must—\n(a) keep the permissible verge treatment in a good, tidy and safe condition; and\n(b) ensure that the verge treatment does not obstruct or encroach upon a footpath or a\ncarriageway adjoining the verge; and\n(c) ensure that the verge treatment does not otherwise cause a nuisance to any pedestrian or\nother person.\n7.8 Transitional provision\nformer provisions means the local law of the local government which permitted certain types of\nverge treatments, whether with or without the consent of the local government, and which\nwas repealed by this local law.\n(2) A verge treatment which—\n(a) was installed prior to the commencement date; and\n(b) on the commencement date is a type of permissible verge treatment which was permitted\nunder and complied 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.\n7.9 Power to carry out public works on verge\nWhere the local government disturbs a verge, the local government—\n(a) is not liable to compensate any person for that disturbance; and\n(b) may backfill with sand, if necessary, any garden or lawn on the verge; and\n(c) is not liable to replace or restore any—\n(i) verge treatment and, in particular, any plant or any acceptable hard surface material\nor other hard surface; or\n(ii) sprinkler, pipe or other reticulation equipment.\n8.1 Terms used\nadvertising sign means any sign, notice, structure, banner or other similar device used for the\npurpose of advertising or promoting any goods, services, person, body or other thing, or for\ndisplaying information about the same;\nhome business has the same meaning as in the local planning scheme;\nhome occupation has the meaning given to it in the local planning scheme;\nportable sign means a portable free standing sandwich board or “A” frame advertising sign or\nother device or thing, designed, intended or used for advertising, and not permanently\nattached to the ground or to a structure, wall, fence or building;\nreal estate directional sign means a small temporary sign erected within the boundaries of a\nroad reserve for the purpose of directing people to a specific address for a specified time to\nview real estate for sale, auction, lease or open for display or inspection.\n8.2 Signs erected by the local government\n(1) The local government may erect a sign in a public place or on local government property specifying\nany conditions of use which apply to that place or property.\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.\n\n14 January 2021 GOVERNMENT GAZETTE, WA 207\n8.3 Transitional\nWhere a sign erected in 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 date, it is to be taken to be a sign\nerected under clause 8.2 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.\n8.4 Unauthorised signs and defacing of signs\nA person must not without the permission 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; or\n(b) remove, deface or misuse a sign or property, set up or exhibited by the local government or\nattempt 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.\n8.5 Advertising signs\nA person must not, without the permission of the local government—\n(a) erect or place an advertising sign; or\n(b) post any bill or paint, place or affix any advertisement; or\n(c) place any other sign whatsoever,\non local government property.\n8.6 Impounding of advertising signs\nAn authorised person may remove or impound an advertising sign or any other sign or thing that is\non local government property in contravention of this local law.\n8.7 Portable signs\nthe business means a business on premises directly adjacent to the local government property on\nwhich a portable sign is located for that business.\n(2) Notwithstanding clause 8.5 permission is not required in respect of a portable sign placed on a\nfootpath which—\n(a) neither exceeds 1 metre in height nor 1 square metre in area per face; and\n(b) is the only sign on local government property advertising the business; and\n(c) only promotes the business or contains content that relates to the business; and\n(d) is of sound construction and maintained in a good condition; and\n(e) is kept clean and free from unsightly matter including any offensive words or\nrepresentations; and\n(f) is removed at the close of business each day and not erected again until the commencement of\nbusiness on a subsequent trading day; and\n(g) does not create a nuisance or interfere, obstruct or impede vehicular or pedestrian traffic; and\n(h) has a maximum of 2 facing sides; and\n(i) is erected so as not to be moveable by wind or natural forces; and\n(j) is positioned—\n(i) immediately adjacent to the shop front and where possible within 7 metres of the\nbusiness premises; and\n(ii) no less than 500mm from the edge of a kerb; and\n(iii) so as to maintain a minimum 2 metre clearway for pedestrians; and\n(k) is not—\n(i) illuminated, rotating or flashing; or\n(ii) displayed on a carriageway, median strip or roundabout; or\n(iii) attached to any street furniture or natural feature including a tree; or\n(iv) attached to or obscuring any other sign; or\n(v) in any other location where, in the opinion of the local government, the sign is likely to\nobstruct lines of sight along a street or cause danger to any person using the street.\n(3) The business must have in effect and maintain a public liability insurance policy in an amount not\nless than $20,000,000.00 against claims for personal injury and property damage resulting from the\ndisplay of the portable sign.\n(4) Clause 8.7 does not apply to a home business or home occupation.\n8.8 Real estate directional signs\n(1) Notwithstanding clause 8.5 permission is not required in respect of a real estate directional sign\nwhich—\n(a) is no larger than 0.3 square metres in face area; and\n\n","sortOrder":54},{"sectionNumber":"208","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"208 GOVERNMENT GAZETTE, WA 14 January 2021\n(b) has a maximum of 2 facing sides; and\n(c) is freestanding and self-supporting; and\n(d) contains the date, opening time, closing time and address of the relevant property; and\n(e) is placed no more than 2 hours prior to the advertised opening time and removed within\n2 hours of the advertised closing time; and\n(f) does not create a nuisance or interfere, obstruct or impede vehicular or pedestrian traffic; and\n(g) is not—\n(i) displayed on a footpath, carriageway, median strip, roundabout, park or foreshore; or\n(ii) attached to or obscuring any other sign; or\n(iii) attached to any street furniture or natural feature including a tree.\n(2) A maximum of only 4 real estate directional signs for each advertised address may be erected at\nany one time.\n(3) No more than 1 real estate directional sign for each advertised address may be placed at the same\nintersection.\n(4) The owner of a real estate directional sign must have in effect and maintain a public liability\ninsurance policy in an amount not less than $20,000,000.00 against claims for personal injury and\nproperty damage resulting from the display of the real estate directional sign.\nPART 9—TRADING IN PUBLIC PLACES, STALLHOLDERS, PUBLIC PERFORMERS AND\nOUTDOOR EATING FACILITIES\n9.1 Terms used\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;\nfurniture means chairs, tables, waiter’s stations, planter boxes, umbrellas, screens, barriers,\nawnings, portable gas heaters and any other structure set up in outdoor dining areas;\noutdoor dining area means an area in which furniture is provided, on local government\nproperty, for the purpose of facilitating the supply or consumption of food or beverages or both\nby the public;\noutdoor dining area permit means a permit issued to the operator of an outdoor dining area;\nperform includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic\ndisplay or otherwise entertain, but does not include public speaking;\npermitted area means the area or areas, specified in a permit, in which the permit holder may\nperform;\npermitted time means the time or times, specified in a permit, during which the permit holder\nmay perform;\npublic place includes—\n(a) any place which the public are allowed to use whether or not the place is on private\nproperty; and\n(b) local government property,\nbut does not include premises on private property from which trading is lawfully conducted\nunder a written law;\nstall means a movable or temporarily fixed structure, stand or table in, on or from which goods or\nservices are sold, hired or offered for sale or hire;\nstallholder means a person in charge of a stall;\nstallholder’s permit means a permit issued to a stallholder;\nstreet performer permit means a permit issued to a person to perform on local government\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\ngoods or 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; or\n(ii) inviting offers for their sale or hire; or\n(iii) soliciting orders for them; or\n(iv) carrying out any other transaction in relation to them;\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\n14 January 2021 GOVERNMENT GAZETTE, WA 209\n(ii) inviting offers or soliciting orders for the sale or the hire of goods or services; or\n(iii) carrying out any other transaction in relation to goods or services,\nbut does not include—\n(d) the setting up of a stall or the conducting of a business at a stall under the authority of\na stallholder’s permit;\n(e) the selling or the offering for sale of goods or services to, or the soliciting of orders for\ngoods or services from a person who sells those goods or services;\n(f) 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 not sold directly to consumers, and are not sold by retail through a shop.\n9.2 Stallholder’s permit\nA person must not conduct a stall in 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.\n9.3 Trader’s permit\n(1) A person must 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) The conditions subject to which the local government may approve an application for a trader’s\npermit may include that the permit holder is permitted to remain at a particular location for as long\nas there 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 two minutes of the last purchase having been made.\n9.4 Relevant considerations in determining application for stallholder’s or trader’s permit\n(1) In determining an application for a stallholder’s or trader’s permit the local government is to have\nregard to—\n(a) any relevant policies of the local government; and\n(b) the desirability of the proposed activity; and\n(c) the location of the proposed activity; and\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\n(2) The local government may refuse to approve an application for a stallholder’s or trader’s permit on\nany one or more of the following grounds—\n(a) that the applicant has committed a breach of any provision of this local law or of any written\nlaw relevant to the activity in respect of which the permit is sought;\n(b) that—\n(i) the applicant is an undischarged bankrupt or is in liquidation; or\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; or\n(c) such other grounds as the local government may consider to be relevant in the circumstances\n9.5 Conditions of stallholder’s or trader’s permit\n(1) If the local government approves an application for a stallholder’s or trader’s permit subject to\nconditions, those conditions may include—\n(a) the place, the part of the district, or the local government property to which the permit\napplies; or\n(b) the days and hours during which a permit holder may conduct a stall or trade; or\n(c) the number, type, form and construction, as the case may be, of any stand, furniture,\nstructure or vehicle which may be used in conducting a stall or in trading; or\n(d) the goods or services in respect of which a permit holder may conduct a stall or trade; or\n(e) the number of persons and the names of persons permitted to conduct a stall or trade; or\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; or\n(g) a prohibition or restriction concerning—\n(i) the causing or making of any noise or disturbance which is likely to be a nuisance to\npersons in the vicinity of the permit holder; or\n(ii) the use of amplifiers, sound equipment or sound instruments; or\n(iii) the use of signs; or\n(iv) the use of any lighting apparatus or device; or\n\n","sortOrder":55},{"sectionNumber":"210","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"210 GOVERNMENT GAZETTE, WA 14 January 2021\n(h) the manner in which the permit holder’s name and other details of a valid permit are to be\ndisplayed; or\n(i) the care, maintenance and cleansing of the stall or any structure used for trading and the\nplace of the stall or any structure; or\n(j) the vacating of the place of a stall or trading when the stall is not being conducted or trading\nis not being carried on; or\n(k) the acquisition and maintenance by the stallholder or trader of public liability insurance; or\n(l) the period for which the permit is valid; or\n(m) the designation of any place or places where trading is wholly, or from time to time,\nprohibited by 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 are to apply to the nominee as if he or she was the permit holder.\n9.6 Exemptions from requirement to pay fee or to obtain a stallholder’s or trader’s 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,\neducational, recreational, sporting or other like nature and from which no member receives\nany pecuniary benefit except where the member is an employee or the benefit 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 the making of an application for, or on the issue of, a permit, or may\nreturn any 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, or\n(c) by an individual or commercial participant for the sole purpose of raising money for a\ncharitable organisation, with the written consent of the charitable organisation.\n(3) The local government may vary or waive the fee to obtain a stallholder’s or trader’s permit.\n(4) The local government may exempt a person or a class of persons, whether or not in relation to a\nspecific public place, from the requirement of obtaining a stallholders or traders permit.\n9.7 Conduct of stallholders and traders\n(1) A stallholder whilst conducting a stall or a trader whilst trading must—\n(a) display a valid 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, must carry the permit in their\nphysical possession; and\n(b) not display a permit unless it is a valid permit.\n(2) A stallholder or trader must not—\n(a) deposit or store anything so as to obstruct the movement of pedestrians or vehicles; or\n(b) act in an offensive manner or create a nuisance; or\n(c) use or cause to be used any apparatus or device including any flap or shelf, whereby the\ndimensions of a stall, vehicle or structure are increased beyond those specified in the permit;\nor\n(d) in the case of a trader, carry on trading from a public place, unless there is parking available\nfor customers’ vehicles.\n9.8 Street performer permit\n(1) A person must not perform on local government property unless that person is the holder of a valid\nstreet performer permit.\n(2) An authorised person may direct the holder of a street performer permit to cease performing.\n9.9 Variation of permitted area and permitted time to perform\n(1) The local government may give written notice to the holder of a street performer permit to vary—\n(a) the permitted area; or\n(b) the permitted time; or\n(c) both the permitted area and the permitted time,\nshown on a permit.\n9.10 Cancellation of street performer permit\nAn authorised person may cancel a street performer permit if the permit holder’s performance\nadversely affects the enjoyment, convenience or comfort of other persons in a public place, or if, the\nperformance otherwise constitutes a nuisance or is deemed offensive.\n\n14 January 2021 GOVERNMENT GAZETTE, WA 211\n9.11 Conduct of street performer\nThe holder of a street performer permit must not—\n(a) act in a manner likely to cause offence to any person; or\n(b) place, install, erect, play or use any musical instrument or any device which emits sound,\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.\n9.12 Permit required to conduct an outdoor dining area\nA person must not establish or conduct an outdoor dining area on local government property without\nan outdoor dining area permit.\n9.13 Considerations for determining an application for an outdoor dining area permit\nIn determining an application for an outdoor dining area permit the local government is to have\nregard to whether—\n(a) the outdoor dining area is conducted in conjunction with and as an extension of food premises\nwhich abut the outdoor dining area, and whether the applicant is the person conducting such\nfood premises; and\n(b) any abutting food premises are registered in accordance with the Food Act 2008 and whether\nthe use of the premises is permitted under the local planning scheme; and\n(c) the outdoor dining area will comply with other local laws; and\n(d) users of the outdoor dining area will have access to proper and sufficient sanitary and\nablutionary conveniences; and\n(e) the outdoor dining area would—\n(i) obstruct the visibility or clear lines of sight at an intersection; or\n(ii) impede pedestrian access; and\nthe furniture and other equipment to be used may obstruct or impede the use of the public\nplace for the purpose for which it was designed; and\n(f) any advertising will be placed on furniture or within the outdoor dining area; and\n(g) the use of the proposed outdoor dining area is likely to cause a nuisance; and\n(h) any other matters considered by the local government to be relevant in the circumstances of\nthe case.\n9.14 Conditions of outdoor dining area permit\nIf the local government approves an application for an outdoor dining area permit subject to\nconditions, those conditions may include the—\n(a) place, the part of the district, or the local government property to which the permit applies; or\n(b) days and hours during which a permit holder may conduct an outdoor dining area; or\n(c) number, type, form, construction, and location as the case may be, of any furniture which\nmay be used in conducting an outdoor dining area; or\n(d) requirement of a 1.5 metre clearway; and\nmust include acquisition and maintenance by the outdoor dining area permit holder of public liability\ninsurance.\n9.15 Conduct of an outdoor dining area permit holder\n(1) The permit holder for an outdoor dining area permit must—\n(a) ensure that the outdoor dining area is conducted at all times in accordance with the\nprovisions of this local law and any other local law; and\n(b) ensure that the outdoor dining area is kept in a clean and tidy condition at all times; and\n(c) store, place and remove any furniture in accordance with the requirements of the permit; and\n(d) maintain any furniture and other structures in the outdoor dining area in a good, clean and\nserviceable condition at all times; and\n(e) be responsible for costs associated with the permit holders removal, alteration, repair,\nreinstatement or reconstruction of any part of the outdoor dining area.\n(2) Whenever, in the opinion of the local government, any work is required to be carried out to an\noutdoor dining area, the local government may give written notice to the permit holder for the outdoor\ndining area to carry out that work within the time limited by the notice.\n(3) In subclause (2), work includes the alteration, repair, reinstatement reconstruction or removal of\nany part of a public place or other thing arising from or in connection with the setting up or conduct of\nan outdoor dining area.\n9.16 Removal of an outdoor dining area unlawfully conducted\nWhere an outdoor dining area is conducted without a permit or in contravention of a condition of a\npermit, any furniture or other equipment or thing may be removed by an authorised person and\nimpounded in accordance with the LG Act.\n\n","sortOrder":56},{"sectionNumber":"212","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"212 GOVERNMENT GAZETTE, WA 14 January 2021\n9.17 Use of an outdoor dining area by public\n(1) A person must not use the furniture or equipment in an outdoor dining area which is the subject of\na permit unless the person uses them for the purpose of consuming food or beverage, or both, provided\nby the operator of an outdoor dining area.\n(2) A person must leave an outdoor dining area when requested to do so by the permit holder.\n9.18 Temporary removal of outdoor dining area may be requested\n(1) The permit holder for an outdoor dining area is to temporarily remove the outdoor dining area\nwhen requested to do so on reasonable grounds by an authorised person or a member of the Police\nService or emergency service.\n(2) The permit holder for an outdoor dining area may replace the outdoor dining area removed under\nsubclause (1) as soon as the person who directed the removal allows it to be replaced.\n(1) For the purpose of this Part, the term “permit” includes any permit, licence, registration, consent,\nauthority, approval, permission or exemption.\n(2) Where a person is required to obtain a permit under this local law, that person must apply for the\npermit in accordance with subclause (3).\n(3) An application for a permit under this local law must—\n(a) be in the form determined by the local government; and\n(b) be signed by the applicant unless the form, or in the absence of a form, the local government’s\nrequirement, is to the contrary; and\n(c) provide the information required by the form, or in the absence of a form, as required by the\nlocal government; and\n(d) be lodged with or forwarded to the local government together with any fee provided for in the\nFees Schedule.\n(4) The local government may require an applicant to provide additional information reasonably\nrelated to an application before determining an application for a permit.\n(5) The local government may require an applicant to give local public notice of the application for a\n(6) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (3), (4) or (5).\n10.2 Decision on application for permit\n(1) The local government may—\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant a permit\nin the form, if any, determined by the local government.\n(3) If the local government refuses to approve an application for a permit, as soon as practicable after\nthe decision is made, the local government is to give to the applicant written notice of that refusal,\nincluding the reasons for the refusal.\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).\n10.3 Conditions which may be imposed on a permit\n(1) Without limiting the generality of clause 10.2(1)(a), the local government may approve an\napplication for a permit subject to conditions relating to—\n(a) the payment of a fee; and\n(b) the duration and commencement of the permit; and\n(c) the commencement of the permit being contingent on the happening of an event; and\n(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application; and\n(e) the approval of another application for a permit which may be required by the local\ngovernment under any written law; and\n(f) the area of the district to which the permit applies; and\n(g) where a permit is issued for an activity which will or may cause damage to a public place or\nlocal government property, the payment of a deposit or bond against such damage; and\n(h) the obtaining of public liability insurance in an amount and on terms reasonably required by\nthe local government; and\n\n14 January 2021 GOVERNMENT GAZETTE, WA 213\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; and\n(j) compliance with a standard or a policy of the local government adopted by the local\ngovernment; and\n(k) such other matters as the local government may consider to be relevant in the circumstances\n(2) Without limiting clause 10.2(1)(a) and subclause (1) of this clause, the following paragraphs\nindicate, without purporting to be comprehensive, the type and content of the conditions on which a\npermit to hire local government property may be issued—\n(a) when fees and charges are to be paid; and\n(b) payment of a bond against possible damage or cleaning expenses or both; and\n(c) restrictions on the erection of material or external decorations; and\n(d) rules about the use of furniture, plant and effects; and\n(e) limitations on the number of persons who may attend any function in or on the local\ngovernment property; and\n(f) the duration of the hire; and\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; and\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; and\n(i) whether or not the hire is for the exclusive use of the local government property; and\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.\n10.4 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 10.2(1)(a).\n(2) The local government may approve an application subject to conditions by reference to a policy.\n(3) Sections 5.94 and 5.95 of the LG Act shall apply to a policy and for that purpose a policy is to be\ntaken to be information within section 5.94(u)(i) of the LG Act.\n10.5 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 must comply with each of\nthose conditions.\n(2) Upon application for the renewal, variation or transfer of a permit, the local government may vary\nthe terms of the permit, or of any condition, and may cancel any condition or impose new conditions,\nor may on reasonable grounds refuse to renew, vary or transfer the permit.\n10.6 Duration of permit\nA permit is valid for 1 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 10.9.\n10.7 Transfer or renewal of permit\n(1) An application for the transfer or renewal of a valid permit is to—\n(a) be made in writing; and\n(b) be signed by the permit holder and in the case of a transfer, be signed also by the proposed\ntransferee of the permit; and\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(d) be lodged with or forwarded to the local government together with any fee provided for in the\nFees Schedule.\n(2) The local government may—\n(a) approve an application for the transfer or renewal of a permit unconditionally or subject to\nany conditions; or\n(b) refuse to approve an application for the transfer or renewal of a permit for reasons supplied\nin the notice of determination.\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by issuing to the transferee a permit in the form determined by the local government.\n\n","sortOrder":57},{"sectionNumber":"214","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"214 GOVERNMENT GAZETTE, WA 14 January 2021\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.\n(5) An application for renewal of a permit must be made prior to the expiry of the permit.\n10.8 Production of permit\nA permit holder is to produce to an authorised person their permit immediately upon being required\nto do so by that authorised person.\n10.9 Cancellation of permit\n(1) Subject to clause 10.12, a permit may be cancelled by the local government on any one or more of\nthe following grounds—\n(a) the permit holder has not complied with—\n(i) a condition of the permit; or\n(ii) a provision of any written law which may relate to the activity regulated by the permit;\nor\n(b) if it is relevant to the activity regulated by the permit—\n(i) the permit holder has become bankrupt, or gone into liquidation; or\n(ii) the permit holder 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 is\nappointed in relation to any part of the permit holder’s undertakings or property.\n(2) On the cancellation of a permit the permit holder—\n(a) must 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.\n10.10 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.\n10.11 Responsibilities of permit holder\nA holder of a permit must in respect of local government property to which the permit relates take\nreasonable steps to—\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; and\n(b) leave the local government property in a clean and tidy condition after its use; and\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.\n10.12 Application of Part 9, Division 1 of the LG Act objections and review\n(1) Subject to subclause (2), when 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 sections 9.1 to 9.9 of the LG Act and regulation 33 of the Local Government\n(Functions and General) Regulations 1996 apply to that decision.\n(2) Subclause (1) does not apply to Part 12 except for—\n(a) an approval under clause 12.7(b);\n(b) an exemption under clause 12.8(2);\n(c) an approval under clause 12.9(b);\n(d) an approval under clause 12.10(1);\n(e) an authorisation under clause 12.11(1)(c);\n(f) an approval under clause 12.11(2); and\n(g) an approval under clause 12.12.\nPART 11—VEHICLES AND PARKING\n11.1 Terms used\nbicycle lane has the same meaning as in the Road Traffic Code 2000\nbicycle path has the same meaning as in the Road Traffic Code 2000;\nbus has the same meaning as in the Road Traffic Code 2000;\nbus embayment has the same meaning as in the Road Traffic Code 2000;\nbus lane has the same meaning as in the Road Traffic Code 2000;\nbus stop has the same meaning as in the Road Traffic Code 2000;\n\n14 January 2021 GOVERNMENT GAZETTE, WA 215\nbus zone has the same meaning as in the Road Traffic Code 2000;\ncaravan means a vehicle that is fitted or designed to allow human habitation and which is\ndrawn or capable of being drawn by another vehicle, or which is capable of self-propulsion;\ncentre of the 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 same meaning as in the Road Traffic Code 2000;\ncommercial vehicle means a vehicle with a tare weight equal to or greater than 2,500 kilograms\nconstructed for the conveyance of goods or merchandise, or for the conveyance of materials\nused in any trade, business, industry or work whatsoever, other than a vehicle for the\nconveyance of passengers, and includes any vehicle that is designed primarily for the carriage\nof persons, but which has been fitted or adapted for the conveyance of the goods, merchandise\nor materials referred to, and is in fact used for that purpose;\ndisability parking permit has the meaning given to it by the Local Government (Parking for\nPeople with Disabilities) Regulations 2014;\ndriver means any person driving or otherwise in control of a vehicle;\nedge line means a line marked along the carriageway at or near the far left or the far right of the\ncarriageway;\nemergency vehicle has the same meaning as in the Road Traffic Code 2000;\nGVM stands for gross vehicle mass and has the meaning given to it in the Road Traffic\nCode 2000;\nloading zone has the same meaning as in the Road Traffic Code 2000;\nmail zone has the same meaning as in the Road Traffic Code 2000;\nmedian strip has the same meaning as in the Road Traffic Code 2000;\nmotorcycle has the same meaning as in the Road Traffic Code 2000;\nno parking area has the same meaning as in the Road Traffic Code 2000;\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 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;\non-demand vehicle has the same meaning as in the Transport (Road Passenger Services)\nAct 2018;\npainted island has the same meaning as in the Road Traffic Code 2000;\npark means to permit a vehicle, whether attended or not by any person, to remain stationary\nexcept for the purpose of—\n(a) avoiding conflict with other traffic; or\n(b) complying with the provisions of any law; or\n(c) taking up or setting down persons or goods for a maximum of 2 minutes;\nparking area has the same meaning as in the Road Traffic Code 2000;\nparking bay means a section or part of a street reserve 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 facilities includes land, buildings, shelters, parking bays 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 station means any land, or structure provided for the purpose of accommodating\nvehicles;\npedestrian crossing has the same meaning as in the Road Traffic Code 2000;\nreserve means any land—\n(a) which belongs to the local government; or\n(c) which is an otherwise unvested facility within section 3.53 of the LG Act;\nResidential and Stables Zone has the meaning given to it in the local planning scheme and as\ndepicted on the Scheme Map;\nshared zone has the same meaning as in the Road Traffic Code 2000;\nsign includes a traffic sign, inscription, street marking, mark, structure or device approved by\nthe local government on which may be shown words, numbers, expressions or symbols, and\nwhich is placed on or near local government property, a street or within a parking station or\nreserve for the purpose of prohibiting, regulating, guiding, directing or restricting the parking\nof vehicles;\n\n","sortOrder":58},{"sectionNumber":"216","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"216 GOVERNMENT GAZETTE, WA 14 January 2021\nspecial purpose vehicle has the meaning given to it by the Road Traffic Code 2000;\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 to comply with the provisions of any law\nsymbol includes any symbol specified by AS 1742.11:2016 as amended from time to time and any\nsymbol specified from time to time by Standards Australia for use in the regulation of parking\nand any reference to the wording of any sign in this local law must be also deemed to include\na reference to the corresponding symbol;\ntaxi zone has the same meaning as in the Road Traffic Code 2000;\ntraffic island has the same meaning as in the Road Traffic Code 2000;\ntrailer means any vehicle without motive power of its own, designed for attachment to another\nvehicle for the purpose of being towed, but does not include the rear portion of an articulated\nvehicle, or a side car;\ntransit lane has the same meaning as in the Road Traffic Code 2000;\ntruck lane has the same meaning as in the Road Traffic Code 2000.\n11.2 Parking Region\nThe parking region is the whole of the district, but excludes the following portions of the district—\n(a) the approach and departure prohibition areas of all existing and future traffic control signal\ninstallations as determined by the Commissioner of Main Roads; and\n(b) prohibition areas applicable to all existing and future bridges and subways as determined by\nthe Commissioner of Main Roads; and\n(c) any street which is or comes under the control of the Commissioner of Main Roads unless the\ncontrol of parking and parking facilities on that street has been delegated by the\nCommissioner of Main Roads to the local government.\n11.3 Directional Arrows\n(1) An arrow inscribed on a sign erected at an angle to the boundary of the carriageway is deemed to\nbe pointing 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\nthis Part, and that term is defined in the Road Traffic Act 1974 or in the Road Traffic Code 2000,\nthen the term has the meaning given to it in that Act or the Code.\n11.4 Application\n(1) Subject to subclause (2), this local law applies to the parking region.\n(2) This Part does not apply to a parking facility or a parking station that is not the responsibility of\nthe local 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.\n11.5 Part of street to which sign applies\nWhere under this local law the parking of vehicles in a street is controlled by a sign, the sign must be\nread as applying to that part of the street which—\n(a) lies beyond the sign; and\n(b) lies between the sign and the next sign; and\n(c) is on that side of the street nearest to the sign.\n11.6 Classes of vehicles and persons\n(1) For the purpose of clauses 11.7,11.8,11.11 and 11.30, vehicles are divided into classes as follows—\n(a) buses; and\n(b) commercial vehicles; and\n(c) motorcycles and bicycles; and\n(d) on-demand vehicles; and\n(e) all other vehicles.\n(2) For the purpose of clauses 11.7,11.8,11.11 and 11.30, persons are divided into classes as follows—\n(a) authorised persons; and\n(b) employees of the local government; and\n(c) customers or patrons of a shop, shopping centre, facility or event; and\n(d) persons who work in a shop or shopping centre; and\n(e) all other persons not otherwise classified.\n11.7 Powers of the local government\nThe local government may prohibit or regulate by signs or otherwise, the stopping or parking of any\nvehicle or any class of vehicles or class of persons in any part of the parking region but must do so\nconsistently with the provisions of this local law.\n\n14 January 2021 GOVERNMENT GAZETTE, WA 217\n11.8 Determine parking bays and parking stations\nThe local government may constitute, determine, vary and indicate by signs—\n(a) parking bays; and\n(b) parking stations; and\n(c) permitted time and conditions of parking in parking bays and parking stations which may\nvary with the locality; and\n(d) permitted class of vehicles which may park in parking bays and parking stations; and\n(e) permitted class of persons who may park in specified parking bays or parking stations; and\n(f) the manner of parking in parking bays and parking stations.\n11.9 Vehicles to be within parking bay\n(1) Subject to subclauses (2),(3) and (4), a driver must not park in a parking bay otherwise than—\n(a) parallel to and as close to the kerb as is practicable; and\n(b) in a marked parking bay; and\n(c) headed in the direction of the movement of traffic on the side of the street in which the\nparking bay is situated.\n(2) Subject to subclause (3) where a parking bay is set out otherwise than parallel to the kerb, then a\ndriver must park wholly within that parking bay.\n(3) If a vehicle is too long or too wide to fit completely within a single parking bay then the driver\nmust park within the minimum number of parking bays needed to park that vehicle.\n(4) A driver must not park partly within and partly outside a parking area.\n11.10 Parking prohibitions and restrictions\nA driver must not—\n(a) park so as to obstruct an entrance to, or an exit from, a parking station or an access way\nwithin a parking station; or\n(b) subject to clause 11.11(2), park on any part of a parking station contrary to a sign referable to\nthat part without permission of the local government or an authorised person; or\n(c) park on any part of a parking station, if an authorised person directs the driver to move the\nvehicle; or\n(d) park or attempt to park in a parking bay in which another vehicle is parked.\n11.11 Restrictions on parking in particular areas\n(1) Subject to subclause (2), a driver must not park in an area where a sign—\n(a) designates the parking of vehicles of a different class; or\n(b) designates the parking of vehicles by persons of a different class; or\n(c) prohibits parking during any period.\n(2) A driver may park in a parking bay or parking station, except in a parking bay for people with\ndisabilities to which a disabled parking sign relates, for twice the period indicated on the sign if—\n(a) a disability parking permit is displayed in the vehicle; and\n(b) either the driver of or a passenger in the vehicle is the permit holder of the disability parking\n(3) A driver must not park in—\n(a) a no parking area; or\n(b) a parking area, except in accordance with any signs associated with the parking area and\nwith this local law; or\n(c) a parking bay marked M/C unless parking a motorcycle without a trailer or sidecar.\n(4) A driver must not park in an area designated by a sign stating authorised vehicles only—\n(a) unless that person has obtained written permission from the local government; and\n(b) the written permission under subclause 11.11(4)(a) with respect to the vehicle is displayed\ninside the vehicle and is clearly visible to and able to be read by an authorised person from\noutside the vehicle.\n11.12 Parking vehicle on a carriageway\n(1) Unless otherwise permitted by a sign, a driver parking on a carriageway other than in a parking\nbay must 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 street on which the vehicle is parked; and\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 street on which the vehicle is parked; and\n(c) so that at least 3 metres of the width of the carriageway lies between—\n(i) the vehicle and the farther boundary of the carriageway, or any continuous dividing\nline or median strip; or\n\n","sortOrder":59},{"sectionNumber":"218","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"218 GOVERNMENT GAZETTE, WA 14 January 2021\n(ii) between the vehicle and any part of a vehicle parked on the farther side of the\ncarriageway; and\n(d) so that the front and the rear of the vehicle respectively is not less than 1 metre from any\nother vehicle; and\n(e) so that it does not obstruct any vehicle on the carriageway.\n(2) In this clause, continuous dividing line means—\n(a) a single continuous dividing line only; or\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.\n11.13 When parallel and right-angled parking apply\nWhere a sign associated with a parking area is not inscribed with the words angle parking or with\nan equivalent symbol depicting this purpose, then unless a sign associated with the parking area\nindicates, or marks on the carriageway indicate, that vehicles have to park in a different position,\nwhere the parking area is—\n(a) adjacent to the boundary of a carriageway, a driver must park as near as practicable to and\nparallel with that boundary; and\n(b) at or near the centre of the carriageway, a driver must park at approximately right angles to\nthe centre of the carriageway.\n11.14 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 a motor cycle without a trailer.\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 driver parking in the parking area must 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.\n11.15 General prohibitions on parking\n(1) This clause does not apply to a vehicle parked in a parking bay.\n(2) A driver must not park so that any portion of the vehicle is—\n(a) on or adjacent to a median strip; or\n(b) obstructing a right of way, private driveway or carriageway or so close as to deny a vehicle\nreasonable access to or egress from the right of way, private driveway or carriageway; or\n(c) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the\ncarriageway, if the vehicle would obstruct traffic; or\n(d) on or within 10 metres of any portion of a carriageway bounded by a traffic island; or\n(e) on or over any footpath, bicycle path or pedestrian crossing; or\n(f) between the boundaries of a carriageway and any double longitudinal line consisting of\n2 continuous lines or between a double longitudinal line consisting of a continuous line and a\nbroken or dashed line and the boundary of a carriageway nearer to the continuous line,\nunless there is a distance of at least 3 metres clear between the vehicle and the double\nlongitudinal line; or\n(g) on an intersection, except adjacent to a carriageway boundary that is not broken by an\nintersecting carriageway; or\n(h) 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; or\n(i) 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(j) within 10 metres of the nearer property line of any street intersecting the street on the side\non which the vehicle is parked,\nunless a sign or markings on the carriageway indicate otherwise.\n(3) A driver must not park so that any portion of the vehicle is within 10 metres of the departure side\nof—\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\n(4) A driver must not park so that any portion of the vehicle is within 20 metres of the approach side\nof—\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\n(5) A driver must not park so that any portion of the vehicle is within 20 metres of either the\napproach side or the departure side of the nearest rail of a railway level crossing.\n\n14 January 2021 GOVERNMENT GAZETTE, WA 219\n11.16 Authorised person may order vehicle to be moved\nA driver must not park on any part of a street, local government property, parking station or reserve,\nif directed by an authorised person to move the vehicle.\n11.17 Authorised person may mark tyres\n(1) An authorised person may mark the tyres of a parked vehicle with chalk or any other non-indelible\nsubstance for a purpose connected with or arising out of their duties or powers.\n(2) A person must 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.\n11.18 No movement of vehicles to avoid time limitation\nWhere the parking of vehicles in a parking area or parking facility is permitted for a limited time, a\ndriver must not move a vehicle within the parking area or parking facility so that the total time of\nparking exceeds the maximum time permitted unless the vehicle has first been removed from the\nparking area or parking facility for at least 1 hour.\n11.19 No parking of vehicles exposed for sale and in other circumstances\nA driver must not park on any portion of local government property or a street—\n(a) for the purpose of exposing a vehicle for sale; or\n(b) a vehicle that is not licensed under the Road Traffic Act 1974; or\n(c) an unattached trailer or unattached caravan, except for a horse float temporarily parked in\nthe Residential and Stables Zone with the permission of the occupier of the premises adjacent\nto the verge where the horse float is parked; or\n(d) for the purpose of effecting repairs to a vehicle, other than the minimum repairs necessary to\nenable a broken down vehicle to be moved; or\n(e) for the purpose of servicing or cleaning a commercial vehicle.\n11.20 Parking on private land\n(1) In this clause a reference to land does not include land—\n(a) which belongs to the local government; or\n(c) which is an otherwise unvested facility within section 3.53 of the LG Act; or\n(d) which is the subject of an agreement referred to in clause 11.4(2).\n(2) A driver must not park on land without the consent of the owner or occupier of the land on which\nthe vehicle is parked.\n(3) The consent referred to in subclause (2) may be given subject to any conditions which are specified\non a sign, and a person must not park a vehicle on the land otherwise than in accordance with the\nconsent.\n11.21 Driving or parking on local government property\nA driver must not drive, ride, take, park or stand any vehicle on local government property other than\nupon an area specifically set aside for that purpose.\n11.22 Lawfully parked vehicles deemed an obstruction\nA vehicle, caravan, trailer or any part of a vehicle, which is parked on local government property or in\na public place wherein vehicles may lawfully be parked, is deemed to cause an obstruction where the\nvehicle, caravan or trailer is—\n(a) parked for any period exceeding 24 hours, without the consent in writing of an authorised\nperson; or\n(b) parked during any period in which the parking of vehicles is prohibited or restricted by a\nsign; or\n(c) appears to an authorised person to be abandoned or disused.\n11.23 Unlawfully parked vehicles\nA vehicle, caravan, trailer or any part of a vehicle, which is parked on local government property or in\na public place where vehicles may not lawfully be parked, is deemed to cause an obstruction.\n11.24 Vehicle causing an obstruction\nA driver must not park a vehicle, caravan, trailer or any part of a vehicle, on local government\nproperty or in a public place so as to cause an obstruction.\n11.25 Suspension of parking limitations for urgent, essential or official duties\n(1) The local government, the CEO or an authorised person may, subject to the Road Traffic\nCode 2000, permit a person to park a vehicle for longer than the permitted time in order for the\nperson to carry out urgent, essential or official duties.\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 area to which the permission relates, for the\nduration of that permission.\n\n","sortOrder":60},{"sectionNumber":"220","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"220 GOVERNMENT GAZETTE, WA 14 January 2021\n11.26 Special event parking\n(1) The local government may, by use of signs, set aside any area for any period specified on the signs\nfor the parking of vehicles by persons attending a special event.\n(2) A driver must not park or stop a vehicle in a parking station or area set aside under subclause (1)\nduring the period for which it is set aside unless a ticket purchased from or issued by the local\ngovernment in respect of the special event is clearly visible to and is able to be read by an authorised\nperson from outside the vehicle.\n(3) During the period referred to in subclause (1) any prohibition or parking restriction indicated by a\nsign as applying to that parking station or parking area does not apply.\n11.27 No stopping and no parking signs\n(1) A driver must not stop on a length of carriageway or in an area to which a no stopping sign\napplies.\n(2) A driver must not stop on a length of carriageway or in an area to which a no parking sign applies,\nunless the driver is—\n(a) dropping off or picking up passengers or goods; and\n(b) does not leave the vehicle unattended; and\n(c) completes the dropping off or picking up the passengers or goods within 2 minutes of stopping\nand drives on.\n(3) In this clause, unattended in relation to a vehicle means that the driver has left the vehicle so\nthat the driver is more than 3 metres from the closest point of the vehicle.\n(4) A driver must not stop at the side of a carriageway marked with a continuous yellow edge line.\n11.28 Stopping in a loading zone\nA driver must not stop in a loading zone unless—\n(a) actively picking up or setting down passengers; or\n(b) the vehicle is a commercial vehicle engaged in the picking up or setting down of goods and\ndoes not remain—\n(i) for longer than a time indicated on the loading zone sign; or\n(ii) longer than 30 minutes, if no time is indicated on the sign.\n11.29 Stopping in a taxi, bus or mail zone\n(1) A driver must not stop in a taxi zone, unless the driver is driving an on-demand vehicle.\n(2) A driver must 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.\n(3) A driver must not stop a vehicle in a mail zone.\n11.30 Other limitations in zones\nA driver must not stop in a zone to which a sign applies if stopping the vehicle would be contrary to\nany limitation in respect to class of vehicles or class of persons, or specific activities allowed, as\nindicated by additional words on a sign that applies to the zone.\n11.31 Stopping in a shared zone\nA driver must not stop in a shared zone unless the driver—\n(a) 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; or\nlaw; or\n(c) is dropping off or picking up passengers or goods; or\n(d) is engaged in door to door delivery or collection of goods, or in the collection of waste or\ngarbage.\n11.32 Stopping in a designated lane\nA driver must not stop a vehicle in—\n(a) a bus lane; or\n(b) a transit lane; or\n(c) a truck lane; or\n(d) a bicycle lane,\nunless the vehicle is a public bus or on-demand vehicle, and the driver is dropping off, or picking up,\npassengers.\n11.33 Double parking\n(1) A driver must 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 a vehicle—\n(a) stopped in traffic; or\n(b) parked in a parking bay; or\n\n14 January 2021 GOVERNMENT GAZETTE, WA 221\n(c) parked on the side of the carriageway or in a median strip parking area, in accordance with\nthis local law.\n11.34 Stopping near an obstruction\nA driver must not stop on a carriageway, near an obstruction on the carriageway, in a position that\nfurther obstructs traffic on the carriageway.\n11.35 Stopping on a bridge or in a tunnel\nA driver must not stop in a tunnel or underpass or on a bridge, causeway, ramp or similar structure\n(a) the carriageway is at least as wide in the tunnel or underpass or on the structure as it is on\neach of the approaches and a sign does not prohibit stopping or parking; or\n11.36 Stopping on crests and curves\nA driver must not stop on, or partly on, a carriageway, in any position where it is not visible to the\ndriver of an overtaking vehicle, from a distance of 50 metres.\n11.37 Stopping near a fire hydrant\n(1) A driver must not stop so that any portion of the vehicle is within 1 metre of a fire hydrant or fire\nplug, or of any sign or mark indicating the existence of a fire hydrant or fire plug, unless the driver is\ndriving a—\n(a) public bus, and the driver stops in a bus zone or at a bus stop and does not leave the bus\nunattended; or\n(b) on-demand vehicle, and the driver stops in a taxi zone and does not leave the vehicle\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.\n11.38 Stopping at or near a bus stop\n(1) A driver must not stop so that any portion of the vehicle is within 20 metres of the approach side of\na 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(2) In this clause distances are measured in the direction in which the driver is driving.\n11.39 Stopping on a path, median strip, painted island or traffic island\nA driver must not stop so that any portion of the vehicle is on or over a footpath, bicycle path, median\nstrip, painted island or traffic island unless the driver stops in an area, to which a parking control\nsign applies and the driver is permitted to stop at that place under this local law.\n11.40 Stopping on verge\n(1) A driver must not stop—\n(a) a commercial vehicle or bus; or\n(b) an unattached trailer or unattached caravan; or\n(c) any 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) In the case of a vehicle other than those referred to in subclause (1)(a) and (1)(b), and in\ncircumstances other than those referred to in subclause (1)(c), a driver may stop a vehicle wholly or\npartly on a verge if the driver is authorised by the occupier of the premises adjacent to the verge.\n(3) Subclause (1)(a) 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, footpath or bicycle\npath.\n11.41 Obstructing access to and from a path or driveway\n(1) A driver must not stop so that any portion of the vehicle is in front of a footpath or bicycle path, in\na position that obstructs access by vehicles, cyclists or pedestrians to or from that footpath or bicycle\npath, unless the driver—\n(a) is dropping off or picking up passengers; or\nlaw.\n(2) A driver must not stop on or across a driveway or other way of access for vehicles travelling to or\nfrom adjacent land, unless the driver—\n(a) is dropping off or picking up passengers; or\nlaw.\n\n","sortOrder":61},{"sectionNumber":"222","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"222 GOVERNMENT GAZETTE, WA 14 January 2021\n11.42 Stopping near a letter box\nA driver must not stop so that any portion of the vehicle is within 3 metres of a public letter box,\nunless 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.\n11.43 Heavy and long vehicles stopping on a carriageway\n(1) A driver must 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 on a carriageway—\n(a) in a built up area, for any period exceeding 1 hour, unless engaged in the picking up or\nsetting down of goods; or\n(b) outside a built up area, except on the shoulder of the carriageway, or in a truck bay or other\narea 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 sign relating to the parking or stopping of vehicles.\n11.44 Stopping on a carriageway with a bicycle parking sign\nA driver must not stop on a length of carriageway to which a bicycle parking sign applies, unless the\ndriver is dropping off or picking up passengers.\n11.45 Stopping on a carriageway with motor cycle parking sign\nA driver must not stop on a length of carriageway, or in an area, to which a motor cycle parking sign\napplies, 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.\n11.46 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, must not remove from the vehicle any notice put on the vehicle by an authorised person.\n11.47 Signs must be complied with\nAn inscription or symbol on a sign operates and has effect according to its terms and a\nperson contravening the direction on a sign commits an offence under this local law.\n11.48 General provisions about signs\n(1) A sign marked, erected, set up, established or displayed is, in the absence of evidence to the\ncontrary presumed to be a sign marked, erected, set up, established or displayed under the authority\nof this local law.\n(2) The first 3 letters of any day of the week when used on a sign indicate that day of the week.\n11.49 Special purpose and emergency vehicles\nNotwithstanding anything to the contrary in this local law, the driver of—\n(a) a special purpose vehicle or authorised person may, but only in the course of their duties and\nwhen it is expedient and safe to do so, stop, or park the vehicle in any place, at any time;\n(b) an emergency vehicle may, in the course of their duties and when it is expedient and safe to\ndo so or where they honestly and reasonably believe that it is expedient and safe to do so,\nstop, or park the vehicle at any place, at any time.\n11.50 Averment on complaint as to clause 11.4(2) agreement\nAn averment on a complaint that this Part applies to a parking facility or a parking station under an\nagreement referred to in clause 11.4(2), is sufficient proof that this Part applies to that facility or\nstation, unless to the contrary there is proof that such an agreement does not exist.\n11.51 No driving on closed street\nclosed street means a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the\nLG Act.\n(2) A driver must not drive or take a vehicle on a closed street unless—\n(a) in accordance with any limits or exceptions specified in the order made under section 3.50 of\nthe LG Act; or\n(b) the driver has first obtained permission from the local government.\n11.52 Preexisting signs\n(1) 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, is deemed for the purposes of this\nlocal law to have been erected by the local government under the authority of this local law.\n\n14 January 2021 GOVERNMENT GAZETTE, WA 223\n(2) An inscription or symbol on a sign referred to in subclause (1) operates and has effect according to\nits terms, and where the inscription or symbol relates to the stopping of vehicles, it is deemed for the\npurpose of this local law to operate and have effect as if it related to the parking of vehicles.\n12.1 Terms used\n(1) In this Part, unless the context otherwise requires—\ncollectable waste means local government waste that is not—\n(a) liquid refuse; or\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; or\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;\nlocal government waste has the same meaning as in the WARR Act;\nnon-collectable waste means—\n(a) hot or burning material; or\n(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,\npesticides, oils, gas cylinders, batteries, chemicals and heavy metals; or\n(c) any other hazardous material, such as radioactive waste; or\n(d) any explosive material, such as flares or ammunition; or\n(e) electrical and electronic equipment; or\n(f) hospital, medical, veterinary, laboratory or pathological substances; or\n(g) construction or demolition waste; or\n(h) sewage; or\n(i) controlled waste for the purposes of the Environmental Protection (Controlled Waste)\nRegulations 2004; or\n(j) any object that is greater in length, width, or breadth than the corresponding\ndimension of the receptacle or that will not allow the lid of the receptacle to be tightly\nclosed;\n(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or\nnoxious odour, or to attract flies or cause fly breeding unless it is first wrapped in non-\nabsorbent or impervious material or placed in a sealed impervious and leak-proof\ncontainer; or\n(l) any other waste determined by the local government to be non-collectable waste;\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\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;\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\ngovernment or its contractor;\nrecycling waste receptacle means a receptacle for the deposit and collection of recycling waste;\nrecycling waste means—\n(a) paper and cardboard; or\n(b) plastic containers comprised of polyethylene terephthalate or high density\npolyethylene; or\n(c) glass containers; or\n\n","sortOrder":62},{"sectionNumber":"224","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"224 GOVERNMENT GAZETTE, WA 14 January 2021\n(d) steel containers; or\n(e) aluminium containers; or\n(f) liquid paper board; or\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;\nwaste service has the same meaning as in the WARR Act.\n(2) For the purposes of this Part, clause 2.1 definitions do not apply to the following terms—\n(a) carriageway;\n(b) footpath;\n(c) liquid waste;\n(d) nuisance;\n(e) person;\n(f) street; and\n(g) verge.\n12.2 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 section 6.16 and 6.17 of the LG Act.\n12.3 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.\n12.4 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, 1 or more receptacles for the collection and removal of\ncollectable waste from those premises.\n(2) The owner of premises to which subclause (1) applies must ensure that—\n(a) the fee or charge (if any) imposed by the local government in relation to each receptacle is\npaid to the local government; and\n(b) each receptacle is used, in respect of those premises, in accordance with this local law.\n12.5 Deposit of waste in receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited—\n(a) in a receptacle any non-collectable waste; and\n(b) in a general waste receptacle—anything other than the particular type of waste for which\nthat receptacle was provided by the local government for those premises; and\n(c) in a recycling waste receptacle—anything other than the particular type of recycling waste for\nwhich that receptacle was provided by the local government for those premises; and\n(d) in an organic waste receptacle—anything other than the particular type of organic waste for\nwhich that receptacle was provided by the local government for those premises; and\n(e) where a general waste receptacle, recycling waste receptacle or organic waste receptacle has\na capacity of 240 litres, no more than 70 kilograms of the particular type of waste for which\nthat receptacle was provided and for any other capacity no more than the weight determined\nby the local government.\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.\n(3) 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(4) 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 receptacle any organic waste.\n12.6 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 to—\n(a) place a receptacle in respect of those premises for collection; or\n(b) 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.\n\n14 January 2021 GOVERNMENT GAZETTE, WA 225\n12.7 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; and\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; and\n(ii) so that it does not unduly obstruct any footpath, cycle way, right-of-way or carriageway;\nand\n(iii) facing squarely to the edge of and opening towards the carriageway; or\nin such other position as is approved in writing by the local government or an authorised\nperson; and\n(c) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as\npracticable, after the event; and\n(d) ensure that each receptacle is kept in good condition and repair; and\n(e) take reasonable steps to—\n(i) ensure that the premises are provided with an adequate number of receptacles; and\n(ii) ensure that a sufficient number of receptacles are provided to contain all waste which\naccumulates or may accumulate in or from the premises; and\n(iii) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches,\nrodents and other vectors of disease; and\n(iv) prevent the emission of offensive or noxious odours from each receptacle; and\n(v) ensure that each receptacle does not cause a nuisance to an occupier of adjoining\npremises; and\n(f) whenever directed to do so by the local government or an authorised person thoroughly clean,\ndisinfect, deodorise and apply a residual insecticide to each receptacle.\n12.8 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 12.7(a) or 12.7(b).\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; and\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 12.8(4)(a).\n12.9 Damaging or removing receptacles\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.\n12.10 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 must—\n(a) 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) 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 in a manner\nwhich may increase the risk of harm to any person.\n\n","sortOrder":63},{"sectionNumber":"226","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"226 GOVERNMENT GAZETTE, WA 14 January 2021\n12.11 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; or\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.\n12.12 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.\n12.13 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 or\nmay otherwise constitute a nuisance;\nreceptacle means a receptacle from which waste is collected and removed otherwise than by the\nlocal 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 4 cubic metres, or as otherwise approved by the local government,\nsuitable for the collection and disposal of building work waste; and\n(b) any building work waste at the premises is deposited and kept in the receptacle; and\n(c) the lid of the receptacle is kept closed except when waste is being deposited in the receptacle.\n12.14 Other costs and expenses\n(1) A person who is convicted of an offence under this local law is liable, in addition to any penalty\nimposed under clause 14.7, to pay to the local government the costs and expenses incurred by the\nlocal government in taking remedial action such as—\n(a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or\n(b) making good any damage caused to a waste facility.\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 jurisdiction.\n12.15 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.\n13.1 Terms used\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.\n13.2 Property hire\nNotwithstanding 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.\n13.3 Determinations as to use of local government property\n(1) The local government may make a determination in accordance with clause 13.4—\n(a) setting aside specified local government property for the pursuit of all or any of the activities\nreferred to in clause 13.8; and\n\n14 January 2021 GOVERNMENT GAZETTE, WA 227\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 13.9 on\nspecified local government property; and\n(c) as to the matters in clauses 13.8(2) and 13.9(2); and\n(d) as to any matter ancillary, or necessary to give effect, to a determination.\n13.4 Procedure for making a determination\n(1) The local government is to give local public notice, under section 1.7 of the LG Act, of a\ndetermination.\n(2) The determination becomes effective only after local public notice has been given.\n(3) The determination remains in force for the period of 1 year after the date that local public notice\nhas been given under subclause (1).\n(4) After the period referred to in subclause (3), the determination continues in force only if, and for so\nlong as, it is the subject of local public notice, given annually, under section 1.7 of the LG Act.\n(5) The determination must be recorded in a publicly accessible register of determinations that must\nbe maintained by the local government.\n13.5 Discretion to erect a sign\nThe local government may erect a sign on local government property to give notice of the effect of a\ndetermination which applies to that local government property.\n13.6 Determination to be complied with\nA person must comply with a determination.\n13.7 Amendment or revocation of a determination\n(1) The local government may amend or revoke a determination.\n(2) The provisions of clause 13.4 are to apply to an amendment of a determination as if the\namendment were a proposed determination.\n(3) If the local government revokes a determination it is to give local public notice of the revocation\nand the determination is to cease to have effect on the date of publication.\n13.8 Activities which may be pursued on specified local government property\n(1) A determination may provide that specified local government property is set aside as an area on\nwhich a person may—\n(a) bring, ride or drive an animal; or\n(b) take, ride or drive a vehicle, or a particular class of vehicle; or\n(c) fly or use a motorised model vehicle, boat or aircraft; or\n(d) use a children’s playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age; or\n(e) launch, beach or leave a boat; or\n(f) take or use a boat, or a particular class of boat; or\n(g) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or\nnot in specified areas of that local government property; or\n(h) play or practice—\n(i) golf or archery; or\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,\n(i) ride a bicycle, skateboard, rollerblades, sandboard or a similar device; or\n(j) wear no clothing.\n(2) A determination may specify the extent to which and the manner in which an activity referred to\nin subclause (1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued; and\n(b) that an activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property; and\n(c) that an activity is to be taken to be prohibited on all local government property other than\nthat specified in the determination; and\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; and\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.\n\n","sortOrder":64},{"sectionNumber":"228","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"228 GOVERNMENT GAZETTE, WA 14 January 2021\n13.9 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; or\n(b) riding a bicycle, skateboard, rollerblades, sandboard or a similar device; or\n(c) taking, riding or driving a vehicle on the property or a particular class of vehicle; or\n(d) riding or driving a vehicle of a particular class or any vehicle above a specified speed; or\n(e) taking or using a boat, or a particular class of boat; or\n(f) fishing; or\n(g) 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,\n(h) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; or\n(i) the traversing of land which in the opinion of the local government has environmental value\nwarranting such protection, either absolutely or except by paths provided for that purpose.\n(2) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in subclause (1) and, in particular—\n(a) the days and times during which the activity is prohibited; and\n(b) that an activity is prohibited on a class of local government property, specified local\ngovernment property or all local government property; and\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; and\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.\n14.1 Authorised person\n(1) A person must not prevent or obstruct a duly authorised person or employee of the local\ngovernment from carrying out their duties under this local law.\n(2) A person on local government property must obey any lawful direction of an authorised person.\n(3) An authorised person may direct a person to leave local government property where he or she\nreasonably suspects that the person has contravened a provision of any written law.\n14.2 Employees and authorised persons\nAn offence under this local law does not apply to a—\n(a) local government employee, authorised person or contractor engaged by the local government\nto undertake the work; or\n(b) any other person acting under the authority of the local government or a written law.\n14.3 Notice of breach\nNotwithstanding the generality of clause 14.7(1) the local government may give written notice\nrequiring an owner or occupier of any land to make good within the time specified in the notice any\nbreach of this local law.\n14.4 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 14.3, 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, by action in a court of competent jurisdiction.\n14.5 Power of Entry\nThis local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the LG Act and any power\nof entry exercised by the local government under this local law is subject to Part 3, Division 3 of the\nLG Act.\n14.6 Modified Penalties\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 LG Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 4.\n(3) The amount appearing in the third column of Schedule 4, Part 4, adjacent to the clause number is\nthe modified penalty payable in respect of that offence if the dog is not a dangerous dog.\n(4) The amount appearing in the fourth column of Schedule 4, Part 4, adjacent to the clause number is\nthe modified penalty payable in respect of that offence if the dog is a dangerous dog.\n(5) Unless otherwise specified, the amount of the modified penalty for an offence against any\nprovision of this local law is $100.\n\n14 January 2021 GOVERNMENT GAZETTE, WA 229\n14.7 Offences\n(1) Whenever the local government gives a written notice under this local law requiring a person to do\nanything, if the person fails to comply with the notice, the person commits an offence.\n(2) Any person who fails to do anything required or directed to be done under this local law, or who\ndoes anything which under this local law that person is prohibited from doing, commits an offence.\n(3) Any person making a false or misleading statement in connection with any application,\nrequirement or demand under this local law commits an offence.\n(4) The maximum penalty in respect of an offence involving a breach of this local law made under—\n(a) the LG Act must be $5,000 and if the offence is of a continuing nature, to an additional\npenalty not exceeding $500 for each day or part of a day during which the offence has\ncontinued; and\n(b) under any other Act must be the maximum penalty under that Act for a breach of a local law\nmade under the authority of that Act.\n","sortOrder":65},{"sectionNumber":"Part 15","sectionType":"part","heading":"SCHEDULES","content":"PART 15—SCHEDULES\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT\n[Clauses 5.4(2)(a) and 5.4(3)(a)]\nEach of the following is a sufficient fence on a residential lot—\n(1) A fully enclosed timber fence built to manufacturer’s specifications or in accordance with\nestablished construction techniques, the height of the fence to be 1800mm except with respect\nto the front setback area for which there is no minimum height but which is subject to\nclause 5.5.\n(2) A fence constructed of corrugated fibre reinforced pressed cement or pre-painted steel\nsheeting erected to manufacturer’s specifications or which otherwise satisfies the following\nspecifications—\n(a) a minimum in ground length of 25 per cent of the total length of the sheet, but in any\ncase must have a minimum in ground depth of 600mm; and\n(b) the total height and depth of the fence to consist of a single continuous fibre reinforced\ncement or steel sheet; and\n(c) the sheets to be lapped and capped with extruded snap fit type capping in accordance\nwith the manufacturer’s written instructions; and\n(d) the height of the fence to be 1800mm except with respect to the front setback area for\nwhich there is no minimum height but which is subject to clause 5.5.\n(3) A fence constructed of brick, stone, concrete or any other masonry product erected to the\nmanufacturer’s specifications or relevant Australian Standard or which otherwise satisfies\nthe following specifications—\n(a) footings of minimum 225mm x 150mm concrete 15MPA or 300mm x 175mm brick laid\nin cement mortar; and\n(b) fences to be offset a minimum of 200mm at maximum 3000mm centres or 225mm x\n100mm engaged piers to be provided at maximum 3000mm centres; and\n(c) expansion joints in accordance with the manufacturer’s written instructions; and\n(d) the height of the fence to 1800mm except with respect to the front setback area for\nwhich there is no minimum height but which is subject to clause 7.\n(4) A composite fence having a minimum overall height of 1800mm except with respect to the\nfront setback area for which there is no minimum height but which is subject to clause 5.5,\nwhich satisfies the following specifications for the brick construction—\n(a) brick piers of minimum 345mm x 345mm at 2700mm centres with an infill wall to a\nmaximum height of 600mm bonded to the piers; and\n(b) each pier must be reinforced with 1 R10 galvanised starting rod 1500mm high with a\n250mm horizontal leg bedded into a 500mm x 200mm concrete footing and set 65mm\nabove the base of the footing. The top of the footing must be 1 course (85mm) below\nground level; and\n(c) the minimum ultimate strength of brickwork must by 20MPA. Mortar must be a mix of\n1 part cement, 1 part lime and 6 parts sand; and\n(d) the ground under the footings is to be compacted to 6 blows per 300mm and checked\nwith a standard falling weight penetrometer; and\n(e) control joints in brickwork must be provided at 6 metre centres unless an appropriately\nqualified engineer certifies that a wider spacing is appropriate; or\n(f) brick piers of minimum 345mm x 345 mm x 2700mm centres bonded to the base wall;\nand\n(g) each pier must be reinforced with 2 R10 galvanised starting rods as previously\nspecified.\n\n","sortOrder":66},{"sectionNumber":"230","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"230 GOVERNMENT GAZETTE, WA 14 January 2021\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL OR INDUSTRIAL LOT\n[Clauses 5.4(2)(b), 5.4(3)(b) and 5.4(4)]\nEach of the following is a sufficient fence on a commercial lot and an industrial lot—\n(1) A fence constructed of galvanised or PVC coated rail-less link mesh, chain mesh or steel mesh\nwhich satisfies the following specifications—\n(a) corner posts to be minimum 50mm nominal bore x 3.5mm and with footings of a\n225mm diameter x 900mm; and\n(b) intermediate posts to be minimum 37mm nominal bore x 3.15mm at maximum\n3.5 metre centers and with footings of a 225mm diameter x 600mm; and\n(c) struts to be minimum 30mm nominal bore x 3.15mm fitted at each gate and 2 at each\ncorner post and with footings 225mm x 600mm; and\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; and\n(e) rail-less link, chain or steel mesh is to be a height of 2000mm on top of which are to be\n3 strands of barbed wire carrying the fence to a height of 2400mm in accordance with\nclause 5.10(2) of this local law; and\n(f) galvanised link mesh wire to be 2000mm in height and constructed of 50mm mesh\n2.5mm galvanised iron wire and to be strained, neatly secured and laced to the posts\nand affixed to cables. Vehicle entry gates must provide an opening of not less than\n3.6 metre and must be constructed of 25mm tubular framework with 1 horizontal and\n1 vertical stay constructed of 20mm piping and must be covered with 50mm x 2.5mm\ngalvanised link mesh strained to framework. Gates must be fixed with a drop bolt and\nlocking attachment.\n(2) A fence of fibre reinforced cement sheet or metal sheeting constructed to the minimum\nspecifications referred to in Item 2 of Schedule 1.\n(3) Fences of timber, brick, stone, concrete or any other masonry product constructed to the\nminimum specifications referred to in Schedule 1.\n————\nSchedule 3\nABANDONED SHOPPING TROLLEY RESTRICTED AREAS\n[Clause 6.10(2)]\n\n14 January 2021 GOVERNMENT GAZETTE, WA 231\n","sortOrder":67},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":null,"content":"Schedule 4\n[Clause 14.6]\n1. 3.2(1)(a) Placing or draining anything onto local government\nproperty which may create a nuisance 200\n2. 3.2(1)(b) Destroying, damaging, defacing, removing or interfering\nwith any local government property 200\n3. 3.2(1)(c) Playing or participating in any game or sport so as to cause\ndanger to any person or thing or impeding the movement of\nvehicles or persons on local government property 200\n4. 3.2(1)(d) Entering a fenced or closed local government property 200\n5. 3.2(1)(e) Causing an obstruction to a vehicle or person using local\n6. 3.2(1)(f) Altering, obstructing, or interfering with, any watercourse,\ndrain, tunnel, or bridge that is local government property 200\n7. 3.2(1)(g) Hoisting anything over local government property 200\n8. 3.2(1)(h) Advertising anything by any means on local government\n9. 3.2(1)(i) Teaching, coaching or training for profit on local\n10. 3.2(1)(j) Conducting a function on local government property 200\n11. 3.2(1)(k) Charging a person for entry onto local government property 200\n12. 3.2(1)(l) Lighting a fire or burning anything on local government\n13. 3.2(1)(m) Parachuting, hang gliding, abseiling or base jumping from\nlocal government property 200\n14. 3.2(1)(n) Making an excavation or erecting or removing any fence on\nlocal government property 200\n15. 3.2(1)(o) Playing or practicing golf on local government property 200\n16. 3.5 Enter or remaining on local government property while\nintoxicated 200\n17. 3.6(1) Consuming or possessing liquor or prohibited drug on local\n18. 3.7(3) Camping, lodging or erecting structure on local government\n19. 3.9(1)(a) Driving or riding vehicle on jetty 200\n20. 3.9(1)(b) Taking or allowing an animal onto a jetty 200\n21. 3.9(1)(c) Using, hanging or drying fishing net on jetty 200\n22. 3.9(1)(d) Tying or mooring a boat so as to obstruct 200\n23. 3.10(1) Unauthorised entry to toilet block or change room 200\n24. 3.11 Unauthorised entry to function on local government\n25. 3.12(1) Failing to obtain permission for a temporary crossing for\nworks on a lot 200\n26. 3.15 Smoking within a 5 metre radius of an entrance or exit to\npremises on local government property 200\nItem Clause Description\nModified\n*DD\n27. 4.1(1) Permitting animal to remain unattended on local\ngovernment property 200 400\n28. 4.1(2) Securing animal on local government property for more\nthan 1 hour 200 400\n29. 4.2(a) Allowing animal to enter or remain on local government\nproperty when not led, ridden or driven 200\n30. 4.2(b) Allowing animal on local government property with\ncontagious or infectious disease 200\n\n","sortOrder":68},{"sectionNumber":"232","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"232 GOVERNMENT GAZETTE, WA 14 January 2021\nItem Clause Description\nModified\n*DD\n31. 4.2(c) Training or racing animal or leading, riding or driving\nanimal so as to damage local government property 200\n32. 4.2(d) Depasturing animal on local government property 200\n33. 4.3 Taking or injuring any animal 200\n34. 4.4(1) Feeding wildlife 200\n35. 4.4(2) Failing to comply with notice as to feeding wildlife 200\n36. 4.5 Destroying, damaging or interfering with local\ngovernment property used for the purposes of seizing\nanimals 200\n37. 4.7(1) Keeping of more than 2 cats without an exemption 200\n38. 4.8(4) Failing to comply with a notice to abate a nuisance cat 200\n39. 4.9(1) Failing to provide means for effectively confining a dog 200\n40. 4.13 Fouling local government property 100\n41. 4.15(1) Keeping or stabling a horse otherwise than in registered\nstable premises 100\n42. 4.15(2) Keeping or stabling a greater number of horses than the\nnumber for which the stables premises is registered 100\n43. 4.15(5) Failure to comply with a condition of registration 100\n44. 4.20(3) Keeping a horse overnight in a yard 100\n45. 4.21(1) Keeping more horses than permitted on a property 100\n46. 4.24(1) Failing to provide adequate provision of fly proof waste\nreceptacles 100\n47. 4.24(2) Failing to collect soiled bedding and manure waste as\nrequired and store in waste receptacle 100\n48. 4.24(3) Failing to remove soiled bedding and manure waste as\nrequired 100\n49. 4.24(4) Failing to ensure the lid of receptacle is kept closed 100\n50. 4.24(5) Placing a receptacle containing waste within 10 metres\nof a property or premises 100\n51. 4.25 Failing to keep feed in sealed, rodent proof containers 100\n52. 4.26 Failing to maintain stable premises in a clean and\nsanitary condition. 100\n53. 4.27 Failing to maintain stables premises in good working\norder and sound weatherproof condition. 100\n*DD = Dangerous Dog\n54. 6.2(1) Creating a nuisance on local government property 200\n55. 6.3(a) Providing or conducting an amusement so as to create a\nnuisance 200\n56. 6.3(b) Erecting an unauthorised amusement structure 200\n57. 6.4 Emitting light of more than 50 lux or reflecting light so as\nto create a nuisance 200\n58. 6.6 Starting or driving a truck on residential land without\nwritten consent 200\n59. 6.7 Disposing of disused refrigerator or similar container with\ndoor or lid that can be fastened 250\n60. 6.9 Abandoning shopping trolley 200\n61. 6.10(3) Failing to remove shopping trolley once notified 200\n62. 6.11 Failing to take effective measure to prevent the release of\ndust or liquid waste 200\n\n14 January 2021 GOVERNMENT GAZETTE, WA 233\n63. 7.2(a) Planting a tree on any verge or other local government\nproperty 100\n64. 7.2(b) Pruning, lopping, damaging, poisoning, removing or killing\nany tree or part of a tree on local government property 500\n65. 7.2(c) Planting a plant or sowing seeds on local government\nproperty 150\n66. 7.2(d) Damaging lawn or garden or removing any plant or part of\na plant 350\n67. 7.2(e) Installing prohibited material on verge 100\n68. 7.3(a) Felling a tree across local government property without\npermission 500\n69. 7.3(b) Altering the level or gradient of a verge without permission 100\n70. 7.3(c) Laying pipes or installing anything on footpath or verge\nwithout permission 100\n71. 7.6(1) Installing or maintaining a verge treatment other than\npermissible verge treatment 350\n72. 7.7(a) Failing to maintain a permissible verge treatment in a good,\ntidy and safe condition 100\n73. 7.7(b) Verge treatment obstructing or encroaching upon a footpath\nor carriageway 100\n74. 7.7(c) Verge treatment causing a nuisance to pedestrians or other\npeople 100\n75. 8.2(2) Failing to comply with sign on public place or local\n76. 8.4(a) Marking, setting up or exhibiting a sign purporting to be or\nresembling a sign marked, set up or exhibited by the local\ngovernment 200\n77. 8.4(b) Remove, defacing or misusing a sign or property, set up or\nexhibited by the local government 200\n78. 8.4(c) Affix a board, sign, placard, notice or other thing to or\npainting or writing upon any part of a sign set up or\nexhibited by the local government 200\n79. 8.5(a) Erecting or placing advertising sign on local government\n80. 8.5(b) Posting any bill or painting, placing or affixing any\nadvertisement on local government property 200\n81. 8.5(c) Placing any other sign whatsoever on local government\nPART 9—TRADING IN PUBLIC PLACES, STALLHOLDERS, PUBLIC PERFORMERS\nAND OUTDOOR EATING FACILITIES\n82. 9.2 Conducting a stall in public place without a permit 400\n83. 9.3 Trading without a permit 400\n84. 9.7(1)(a) Stallholder or trader failing to display or carry permit 200\n85. 9.7(1)(b) Stallholder or trader not displaying valid permit 200\n86. 9.7(2) Stallholder or trader engaged in prohibited conduct 200\n87. 9.8(1) Performing on local government property without a permit 100\n88. 9.8(2) Failing to cease performance when directed 200\n89. 9.11 Street performer engaging in prohibited conduct 200\n90. 9.12 Establishment or conduct of outdoor dining area without a\npermit 400\n91. 9.15(1) Outdoor dining area permit holder engaged in prohibited\nconduct 200\n\n","sortOrder":69},{"sectionNumber":"234","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"234 GOVERNMENT GAZETTE, WA 14 January 2021\n92. 9.17(1) Use of outdoor dining area without purchase of food or\ndrink from outdoor dining area 200\n93. 9.17(2) Failing to leave outdoor dining area when requested to do so\nby permit holder 200\n94. 10.5(1) Failing to comply with conditions of permit 200\n95. 10.8 Failing to produce permit on request of authorised person 200\n96. 10.11 Failing to comply with permit holder responsibilities 200\nPART 11—PARKING\n97. 11.9(1) Prohibited parking of vehicle in parking bay 120\n98. 11.9(4) Failing to park wholly within parking area 80\n99. 11.10(a) Causing obstruction in parking station 120\n100. 11.10(b) Parking contrary to sign in parking station 80\n101. 11.10(c) Parking contrary to directions of authorised person 120\n102. 11.10(d) Parking or attempting to park a vehicle in a parking bay\noccupied by another vehicle 80\n103. 11.11(1)(a) Parking wrong class of vehicle 80\n104. 11.11(1)(b) Parking by persons of a different class 80\n105. 11.11(1)(c) Parking during prohibited period 120\n106. 11.11(3)(a) Parking in no parking area 120\n107. 11.11(3)(b) Parking contrary to signs or limitations 80\n108. 11.11(3)(c) Parking vehicle in motor cycle only area 80\n109. 11.11(4) Parking without permission in an area designated for\n‘Authorised Vehicles Only’ 80\n110. 11.12(1)(a) Failing to park on the left of a two-way carriageway or\nparking against the flow of traffic 80\n111. 11.12(1)(b) Failing to park on boundary of a one-way carriageway or\nparking against the flow of traffic 80\n112. 11.12(1)(c) Parking when distance from farther boundary less than 3\nmetres 80\n113. 11.12(1)(d) Parking closer than 1 metre from another vehicle 80\n114. 11.12(1)(e) Causing obstruction on a carriageway 120\n115. 11.13(a) Failing to park as near as practicable to and parallel with\nthe boundary of the carriageway 80\n116. 11.13(b) Failing to park at approximate right angle 80\n117. 11.14(2) Failing to park at an appropriate angle 80\n118. 11.15(2)(a) Parking on or adjacent to a median strip 80\n119. 11.15(2)(b) Denying access to or obstructing private driveway or right\nof way 120\n120. 11.15(2)(c) Parking beside excavation or obstruction so as to obstruct\ntraffic 120\n121. 11.15(2)(d) Parking within 10 metres of traffic island 80\n122. 11.15(2)(e) Parking on footpath, bicycle path or pedestrian crossing 120\n123. 11.15(2)(f) Parking contrary to continuous line markings 80\n124. 11.15(2)(g) Parking on intersection 120\n125. 11.15(2)(h) Parking within 1 metre of fire hydrant or fire plug 120\n126. 11.15(2)(i) Parking within 3 metres of public letter box 80\n127. 11.15(2)(j) Parking within 10 metres of intersection 120\n128. 11.15(3)(a)\nor (b)\nParking vehicle within 10 metres of departure side of bus\nstop, children’s crossing or pedestrian crossing 80\n129. 11.15(4)(a)\nor (b)\nParking vehicle within 20 metres of approach side of bus\nstop, children’s crossing or pedestrian crossing 80\n\n14 January 2021 GOVERNMENT GAZETTE, WA 235\n130. 11.15(5) Parking vehicle within 20 metres of approach side or\ndeparture side of railway level crossing 80\n131. 11.16 Parking contrary to direction of authorised person 120\n132. 11.17 (2) Removing mark of authorised person 120\n133. 11.18 Moving vehicle to avoid time limitation 80\n134. 11.19(a) Parking on local government property or a street for\npurpose of sale 80\n135. 11.19(b) Parking unlicensed vehicle on local government property or\na street 80\n136. 11.19(c) Parking an unattached trailer/caravan on local government\nproperty or a street 80\n137. 11.19(d) Parking on local government property or a street for\npurpose of repairs 80\n138. 11.19(e) Parking commercial vehicle on local government property or\na street for purpose of servicing or cleaning 80\n139. 11.20(2) Parking on private land without consent 120\n140. 11.20(3) Parking on land not in accordance with consent 80\n141. 11.21 Driving or parking on reserve 120\n142. 11.24 Vehicle causing an obstruction 120\n143. 11.26(2) Failing to display ticket in parking station or area set aside 80\n144. 11.27(1) Stopping contrary to a ‘no stopping’ sign 120\n145. 11.27(2) Stopping contrary to a ‘no parking’ sign 120\n146. 11.27(4) Stopping within continuous yellow edge line 120\n147. 11.28 Stopping unlawfully in a loading zone 80\n148. 11.29 Stopping unlawfully in a taxi zone, bus zone or mail zone 120\n149. 11.30 Stopping in a zone contrary to a sign 80\n150. 11.31 Stopping in a shared zone 80\n151. 11.32 Stopping in a designated lane 80\n152. 11.33 Double parking 120\n153. 11.34 Stopping near an obstruction 80\n154. 11.35 Stopping on a bridge or tunnel 80\n155. 11.36 Stopping on crests/curves etc. 80\n156. 11.37 Stopping near fire hydrant 120\n157. 11.38 Stopping near bus stop 80\n158. 11.39 Stopping on path, median strip, painted island or traffic\nisland 80\n159. 11.40 Stopping on verge 80\n160. 11.41 Obstructing a footpath, bicycle path or driveway 120\n161. 11.42 Stopping near letter box 80\n162. 11.43 Stopping heavy or long vehicles on carriageway 300\n163. 11.44 Stopping in bicycle parking area 80\n164. 11.45 Stopping in motorcycle parking area 80\n165. 11.46 Removal of notices on vehicle 80\n166. 11.47 Contravening direction on a sign 80\n167. 11.51 Driving or taking vehicle onto closed street 200\n168. 12.4(2)(a) Failing to pay fee or charge 100\n169. 12.4(2)(b) Failing to ensure lawful use of receptacle 100\n170. 12.5(1)(a) Depositing non-collectable waste in a receptacle. 100\n171. 12.5(1)(c) or\n(d)\nDepositing unauthorised waste in a recycling waste\nreceptacle or organic waste receptacle. 100\n172. 12.5(1)(e) Exceeding weight capacity of a general waste receptacle,\nrecycling waste receptacle or organic waste receptacle. 100\n173. 12.5(2) Depositing waste in another receptacle without consent. 100\n174. 12.5(3) or\n(4)\nDepositing unauthorised waste in a general waste\nreceptacle . 100\n\n","sortOrder":70},{"sectionNumber":"236","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 14 January 2021","content":"236 GOVERNMENT GAZETTE, WA 14 January 2021\n175. 12.6(3) Failing to comply with a direction concerning placement or\nremoval of a receptacle 100\n176. 12.7(a) Failing to keep a receptacle in the required location 100\n177. 12.7(b) Failing to place a receptacle for collection in a lawful\nposition 100\n178. 12.7(c) Failing to notify of a lost, stolen, damaged or defective\nreceptacle 100\n179. 12.7(d) Failing to keep a receptacle clean and in a good condition\nand repair 100\n180. 12.7(e)(i)\nor (ii)\nFailing to provide a sufficient number of receptacles\n181. 12.7(e)(iii) Failing to prevent fly breeding and vectors of disease in a\nreceptacle 150\n182. 12.7(e)(iv) Failing to prevent the emission of offensive odours from a\nreceptacle 150\n183. 12.7(e)(v) Allowing a receptacle to cause a nuisance 150\n184. 12.7(f) Failing to comply with a direction to clean, disinfect or\ndeodorise receptacle 150\n185. 12.9(a) Damaging, destroying or interfering with a receptacle 150\n186. 12.9(b) Removing a receptacle from premises 100\n187. 12.10(1) Failing to comply with a term or condition of verge waste\ncollection 100\n188. 12.10(2) Removing waste for commercial purposes 150\n189. 12.10(3) Disassembling or leaving in disarray waste deposited for\ncollection 150\n190. 12.11(1) Unauthorised removal of waste from premises 100\n191. 12.11(2) Removing waste from a receptacle without approval 100\n192. 13.6 Failing to comply with a determination 200\n193. 14.1(1) Preventing or obstructing an authorised person from\ncarrying out duty 100\n194. 14.1(2) Failing to obey a lawful direction 100\n195. 14.3 Failing to comply with a notice of breach 200\n196. 14.7(1) Failing to comply with a written notice 200\n197. 14.7(2) Failing to do anything required or directed to be done under\nthis local law, or doing anything which under this local law\nthat person is prohibited from doing 100\n198. 14.7(3) Making a false or misleading statement 200\n————\nConsented to—\nMIKE ROWE, Chief Executive Officer,\nDepartment of Water and Environment Regulation.\nDated this 11th of September, 2020.\n————\nThe Common Seal of the City of Belmont was affixed by the authority of the Council in the presence\nof—\nPHIL MARKS, Mayor.\nJOHN CHRISTIE, Chief Executive Officer.\nDated this 30th of October, 2020.","sortOrder":71}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":759},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This is a consolidation of existing local laws rather than an expansion. The scope remains consistent with the original intent of regulating activities on local government property, animal control, fencing, nuisances, parking, and waste management. The 2020 version repeals and replaces 9 previous local laws but does not introduce significant new substantive areas beyond what was already covered."},"complexity_factors":["Consolidation of 9 repealed local laws into one instrument with 15 Parts and 4 Schedules","Extensive cross-referencing to other legislation (Road Traffic Code 2000, Dog Act 1976, Cat Act 2011, Building Act 2011, etc.)","Detailed technical specifications for stable premises construction (concrete thickness, ventilation, setbacks, etc.)","Multiple permit systems with varying conditions, durations, and renewal requirements","Nested definitions and interpretation clauses (clause 2.1 has 30+ defined terms, clause 2.2 has 3-tier interpretation hierarchy)","Different penalty structures for dangerous dogs vs other dogs, and continuing offences with daily penalties","Schedule 4 contains 198 prescribed offences with specific modified penalties","Conditional exemptions and transitional provisions throughout"],"plain_english_summary":"This consolidated Belmont local law (under the Local Government Act 1995) sets day‑to‑day rules for use of council property and public places — covering animals, fencing, signs, trading, parking, waste, trees/verges and related activities. It affects residents, businesses, facility users, vehicle owners and horse/stable operators.\n\nIt matters because it centralises permit requirements, enforcement and fees, and creates prescribed offences punishable mainly by infringement fines ($100–$400), allowing the council to manage public spaces efficiently without court action."}},"importantCases":[],"_links":{"self":"/api/acts/parking-local-law-2020","history":"/api/acts/parking-local-law-2020/history","analysis":"/api/acts/parking-local-law-2020/analysis","conflicts":"/api/acts/parking-local-law-2020/conflicts","importantCases":"/api/acts/parking-local-law-2020/important-cases","documents":"/api/acts/parking-local-law-2020/documents"}}