{"id":"wa-local:carnarvon-shire-of-parking-local-law-2021","name":"Parking Local Law 2021","slug":"parking-local-law-2021","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437420,"registerId":"wa-local:carnarvon-shire-of-parking-local-law-2021-pdf-1775954248937","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"15","sectionType":"section","heading":"July 2021 GOVERNMENT GAZETTE, WA 3061","content":"15 July 2021 GOVERNMENT GAZETTE, WA 3061\nCAT ACT 2011\nCATS LOCAL LAW 2021\nUnder the powers conferred by the Cat Act 2011, the Local Government Act 1995 and all other powers\nenabling it, the Council of the Shire of Carnarvon resolved on 25 May 2021 to make the following local\nlaw.\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1.1 Title\nThis is the Shire of Carnarvon Cats Local Law 2021.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\n1.3 Repeal\nThe Shire of Carnarvon Local Law Cat Control 1997 published in the Government Gazette on 17 June\n1997 and amended in the Government Gazette on 17 March 1998 is repealed.\n1.4 Terms used\n(1) In this local law, unless the context otherwise requires—\nAct means the Cat Act 2011;\napplicant means a person who applies for an approval;\napplication means an application for an approval;\napproval means approval under regulation 9 of the Cat (Uniform Local Provisions)\nRegulations 2013 and Part 2 of this local law;\napproved person means the person to whom an approval is granted;\nauthorised person means a person appointed by the local government to perform the functions\nconferred on an authorised person under this local law;\ncat has the meaning given to it in the Act;\ncat management facility has the meaning given to it in the Act;\nlocal planning scheme means a local planning scheme made by the local government under the\nPlanning and Development Act 2005;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\nowner has the meaning given to it in the Act;\npremises has the meaning given to it in the Act; and\nveterinarian has the meaning given to it in the Act.\n(2) A term that is used in this local law and is not defined in subclause (1) has the same meaning given\nto it in the Act or, if not defined in the Act, the same meaning given to it in the Cat Regulations 2012,\nthe Cat (Uniform Local Provisions) Regulations 2013 or the Local Government Act 1995.\n\n","sortOrder":1},{"sectionNumber":"3062","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3062 GOVERNMENT GAZETTE, WA 15 July 2021\n1.5 Application\nThis local law applies throughout the district.\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"NUMBER OF CATS THAT MAY BE KEPT","content":"PART 2—NUMBER OF CATS THAT MAY BE KEPT\n2.1 Interpretation\nFor the purposes of applying this Part, a cat does not include a cat less than 6 months old.\n2.2 Prescribed premises\nFor the purposes of the definition of prescribed premises in regulation 4(1) of the Cat (Uniform Local\nProvisions) Regulations 2013, this local law limits the number of cats that may be kept at any premises\nwithin the district except—\n(a) a cat management facility operated by a body prescribed as a cat management facility operator\nunder the Cat Regulations 2012;\n(b) a cat management facility operated by the local government; or\n(c) a veterinary clinic or veterinary hospital as defined under section 2 of the Veterinary Surgeons\nAct 1960, but only in relation to cats kept on those premises for treatment.\n2.3 Standard number of cats\nFor the purposes of the definition of standard number of cats in regulation 4(1) of the Cat (Uniform\nLocal Provisions) Regulations 2013, no more than 3 cats may be kept on premises within the residential\nzone of the local planning scheme or used for residential purposes at which a member of a cat\norganisation is not ordinarily resident.\n2.4 Application for approval\n(1) An application for approval to keep an additional number of cats at prescribed premises is dealt\nwith in regulation 8 of the Cat (Uniform Local Provisions) Regulations 2013.\n(2) An application for approval must be accompanied by the application fee determined by the local\ngovernment in accordance with the Act.\n2.5 Determining an application\n(1) For the purpose of determining whether to grant approval for an application to keep an additional\nnumber of cats at prescribed premises, the local government must have regard to—\n(a) the zoning of the land under the local planning scheme;\n(b) the physical suitability of the premises for the proposed use;\n(c) the environmental sensitivity and general nature of the location surrounding the premises for\nthe proposed use;\n(d) the structural suitability of any enclosure in which any cat is to be kept;\n(e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to an occupier of\nadjoining land;\n(f) the likely effect on the amenity of the surrounding area of the proposed use;\n(g) the likely effect on the local environment including any pollution or other environmental\ndamage, which may be caused by the proposed use; and\n(h) any other factors which the local government considers to be relevant in the circumstances of\nthe application.\n(2) An approval is to be in the form determined by the local government and is to be issued to the\napproved person.\n2.6 Conditions\n(1) For the purpose of ensuring that the premises to which an application relates are suitable for the\nadditional number of cats, the local government may impose any condition that it considers to be\nreasonably necessary for that purpose, including—\n(a) that the premises must be adequately fenced (and premises will be taken not to be adequately\nfenced if there is more than one escape of a cat from the premises);\n(b) that there must be adequate space for the exercise of the cats;\n(c) that, in the case of multiple dwellings where there is no suitable dividing fence, each current\noccupier of the adjoining multiple dwellings must give their written consent to the approval;\nand\n(d) that, without the consent of the local government, the approved person must not substitute or\nreplace any cat that dies or is permanently removed from the premises.\n(2) An approved person who does not comply with a condition of the approval, commits an offence.\nPenalty: a fine of not less than $1,000 and not exceeding $5,000, and if the offence is of a continuing\nnature, to an additional penalty not exceeding $500 for each day or part of a day during which the\noffence has continued.\n2.7 Renewal of an application\n(1) An application is to be renewed if—\n(a) the approved person has not breached the conditions of the approval;\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3063\n(b) the approval would have been granted if a fresh application for approval had been made; and\n(c) the renewal fee, imposed and determined by the local government under sections 6.16 to 6.19\nof the Local Government Act 1995, is paid to the local government before the expiry of the\napproval.\n(2) On the renewal of an approval, the conditions of the approval that applied immediately before the\nrenewal continue to have effect.\n2.8 Transfer of an approval\n(1) An approval relates only to the premises specified in the approval, and only to the approved person\nspecified in the approval, and is transferrable only in accordance with this clause .\n(2) An application for the transfer of an approval from the approved person to another person must be—\n(a) made in the form determined by the local government;\n(b) made by the proposed transferee;\n(c) made with the consent of the approved person; and\n(d) lodged with the local government together with the fee for the application for the transfer of an\napproval that is imposed and determined by the local government under sections 6.16 to 6.19\nof the Local Government Act 1995.\n(3) The local government is not to determine an application for the transfer of an approval until the\nproposed transferee has complied with subclause (2).\n(4) The local government may grant, or refuse to grant, an application for the transfer of an approval,\nand this approval will be subject to such conditions as the local government may impose under\nRegulation 9(3) of the Cat (Uniform Local Provisions) Regulations 2013.\n(5) Where the local government grants an application for the transfer of an approval—\n(a) it is to issue to the transferee an approval in the form determined by the CEO; and\n(b) on the date of approval, unless otherwise specified in the approval, the transferee becomes the\napproved person for the purposes of this local law.\n2.9 Variation or cancellation of an approval\n(1) The local government may, at any time, vary the conditions of an approval by giving written notice\nto the permit holder and specifying the date on which the changes will become effective.\n(2) The local government may cancel an approval—\n(a) on the request of the approved person;\n(b) if the approved person breaches the Act, the Cat Regulations 2012, the Cat (Uniform Local\nProvisions) Regulations 2013 or this local law; or\n(c) if the approved person is not a fit and proper person to provide for the health and welfare of\nthe cats.\n(3) If an approval is cancelled, the fee paid for the approval is not refundable for the term of the approval\nthat has not yet expired.\n2.10 Objection and review rights\nA decision of the local government made under clauses 2.7, 2.8 or 2.9 is a decision to which Division 1,\n","sortOrder":3},{"sectionNumber":"Part 9","sectionType":"part","heading":"of the Local Government Act 1995 applies.","content":"Part 9 of the Local Government Act 1995 applies.\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"ENFORCEMENT","content":"PART 3—ENFORCEMENT\n3.1 Infringement notices\n(1) An offence against clause 2.6(2) is a prescribed offence for the purposes of section 62(1) of the Act\nand the modified penalty for the offence is a fine of $200.\n(2) The form of an infringement notice is Form 6 in the Cat Regulations 2012, Schedule 1.\n(3) The form of withdrawal of the infringement notice is Form 7 in the Cat Regulations 2012,\nSchedule 1.\n————\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3065\nDOG ACT 1976\nUnder the powers conferred by the Local Government Act 1995, the Dog Act 1976 and under all other\npowers enabling it, the Council of the Shire of Carnarvon resolved on 25 May 2021 to make the following\nlocal law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Carnarvon Dogs Local Law 2021.\n1.2 Repeal\nThe Shire of Carnarvon Dogs By-Law 1990 published in the Government Gazette on 12 October 1990\nand amended in the Government Gazette on 20 March 1992, 30 June 1992, and 9 July 1993 is repealed.\n1.3 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Dog Act 1976;\nauthorised person means a person authorised by the local government to perform all or any of\nthe functions conferred on an authorised person under this local law;\nlocal planning scheme means a local planning scheme made by the local government under the\nPlanning and Development Act 2005;\nRegulations means the Dog Regulations 2013;\nSchedule means a schedule in this local law; and\nthoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995.\n1.4 Application\nThis local law applies throughout the district.\n1.5 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\nPART 2—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS\n2.1 Dogs to be confined\n(1) An occupier of premises on which a dog is kept must—\n(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of\nconfining the dog;\n(b) ensure 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;\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 remains\nconfined) and is fitted with a proper latch or other means of fastening it;\n(d) maintain the fence and all gates and doors in the fence in good order and condition;\n(e) ensure the fence is erected and maintained in accordance with the provisions of the Shire of\nCarnarvon Fencing Local Law or a policy made under a local planning scheme; and\n\n","sortOrder":5},{"sectionNumber":"3066","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3066 GOVERNMENT GAZETTE, WA 15 July 2021\n(f) 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) Where an occupier fails to comply with subclause (1), he or she commits an offence.\n(3) Notwithstanding subclauses (1) and (2), the confinement of dangerous dogs is dealt with in the Act\nand Regulations.\n2.2 Limitation on the number of dogs\n(1) This clause does not apply to premises which have been—\n(a) licensed under Part 3 as an approved kennel establishment;\n(b) granted an exemption under section 26(3) of the Act; or\n(c) established as a veterinary hospital or a veterinary clinic.\nThe limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4)\nof the Act is two (2) dogs over the age of 3 months and the young of those dogs under that age.\nPART 3—APPROVED KENNEL ESTABLISHMENTS\n3.1 Interpretation\nIn this Part and in Schedule 2—\nlicence means a licence to keep an approved kennel establishment on premises;\nlicensee means the holder of a licence;\npremises, in addition to the meaning given to it in section 3 of the Act, means the premises\ndescribed in the application for a licence; and\ntransferee means a person who applies for the transfer of a licence to her or him under clause 3.14.\n3.2 Application for licence for approved kennel establishment\nAn application for a licence must be made in the form of that in Schedule 1, and must be lodged with\nthe local government together with—\n(a) evidence of any approvals required under the local planning scheme—\n(b) plans and specifications of the kennel establishment, including a site plan;\n(c) copies of the notices to be given under clause 3.3;\n(d) written evidence that either the applicant or another person who will have the charge of the\ndogs, will reside on the premises or, in the opinion of the local government, sufficiently close to\nthe premises so as to control the dogs and so as to ensure their health and welfare;\n(e) a written acknowledgement that the applicant has read and agrees to comply with any code of\npractice relating to the keeping of dogs nominated by the local government; and\n(f) the fee for the application for a licence referred to in clause 3.10.\n3.3 Notice of proposed use\n(1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel\nestablishment after the application for a licence has been lodged—\n(a) once in a newspaper circulating in the district; and\n(b) to the owners and occupiers of any premises adjoining the premises.\n(2) The notices in subclause (1) must specify that—\n(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days\nof the date the notice is given; and\n(b) the application and plans and specifications may be inspected at the offices of the local\ngovernment.\n(3) Where—\n(a) the notices given under subclause (1) do not clearly identify the premises; or\n(b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the\nopinion of the local government, would fail to serve the purpose of notifying persons of the\nproposed use of the premises,\nthen the local government may refuse to determine the application for a licence until the notices or\nnotice, as the case may be, is given in accordance with its directions.\n3.4 Exemption from notice requirements\n(1) Where an application for a licence is made in respect of premises on which an approved kennel\nestablishment is either a—\n(a) permitted use; or\n(b) use which the local government may approve subject to compliance with specified notice\nrequirements,\nunder a local planning scheme, then the requirements of clauses 3.2(c), 3.3 and 3.5(c) do not apply in\nrespect of the application for a licence.\n(2) The local government may require advertising of an application as part of the planning process.\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3067\n3.5 When application can be determined\nAn application for a licence is not to be determined by the local government until—\n(a) any approvals required under the local planning scheme have been obtained by the applicant;\n(b) the applicant has complied with clause 3.2;\n(c) the applicant submits proof that the notices referred to in clause 3.3(1) have been given in\naccordance with that clause; and\n(d) the local government has considered any written submissions received within the time specified\nin clause 3.3(2)(a) on the proposed use of the premises.\n3.6 Determination of application\nIn determining an application for a licence, the local government is to have regard to—\n(a) the matters referred to in clause 3.7;\n(b) any written submissions received within the time specified in clause 3.3(2)(a) on the proposed\nuse of the premises;\n(c) any economic or social benefits which may be derived by any person in the district if the\napplication for a licence is approved;\n(d) the effect which the approved kennel establishment may have on the environment or amenity\nof the neighbourhood;\n(e) whether the approved kennel establishment will create a nuisance for the owners and occupiers\nof adjoining premises; and\n(f) whether or not the imposition of and compliance with appropriate conditions of a licence will\nmitigate any adverse effects of the approved kennel establishment identified in the preceding\nparagraphs.\n3.7 Where application cannot be approved\nThe local government cannot approve an application for a licence where—\n(a) an approved kennel establishment cannot be permitted by the local government on the\npremises under a local planning scheme unless prior valid planning approval has been issued\nby the local government and the application for a licence is consistent with that approval; or\n(b) an applicant for a licence or another person who will have the charge of the dogs will not reside\non the premises, or, in the opinion of the local government, sufficiently close to the premises so\nas to control the dogs and so as to ensure their health and welfare.\n3.8 Conditions of approval\n(1) The local government may approve an application for a licence subject to the conditions contained\nin Schedule 2 and to such other conditions as the local government considers appropriate.\n(2) In respect of a particular application for a licence, the local government may vary any of the\nconditions contained in Schedule 2.\n3.9 Compliance with conditions of approval\nPenalties applicable where a licensee does not comply with the conditions of a licence are contained in\nthe Act and Regulations.\n3.10 Fees\n(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.\n(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.\n(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the local\ngovernment.\n(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government\nunder sections 6.15 to 6.19 of the Local Government Act 1995.\n3.11 Form of licence\nThe licence is to be in the form determined by the local government and is to be issued to the licensee.\n3.12 Period of licence\n(1) The period of effect of a licence is set out in section 27(5) of the Act.\n(2) A licence is to be renewed if the fee referred to in clause 3.10(2) is paid to the local government prior\nto the expiry of the licence.\n(3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have\neffect.\n3.13 Variation or cancellation of licence\n(1) The local government may vary the conditions of a licence.\n(2) The local government may cancel a licence—\n(a) on the request of the licensee;\n(b) following a breach of the Act, the Regulations or this local law; or\n(c) if the licensee is not a fit and proper person.\n\n","sortOrder":6},{"sectionNumber":"3068","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3068 GOVERNMENT GAZETTE, WA 15 July 2021\n(3) The date a licence is cancelled is to be, in the case of—\n(a) paragraph (a) of subclause (2), the date requested by the licensee; or\n(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act.\n3.14 Transfer\n(1) An application for the transfer of a valid licence from the licensee to another person must be—\n(a) made in the form determined by the local government;\n(b) made by the transferee;\n(c) made with the written consent of the licensee; and\n(d) lodged with the local government together with—\n(i) written evidence that a person will reside at or within reasonably close proximity to the\npremises the subject of the licence; and\n(ii) the fee for the application for the transfer of a licence referred to in clause 3.10(3).\n(2) The local government is not to determine an application for the transfer of a valid licence until the\ntransferee has complied with subclause (1).\n(3) The local government may approve, whether or not subject to such conditions as it considers\nappropriate, or refuse to approve an application for the transfer of a valid licence.\n(4) Where the local government approves an application for the transfer of a valid licence, then on the\ndate of approval, unless otherwise specified in the notice issued under clause 3.15(b), the transferee\nbecomes the licensee of the licence for the purposes of this local law.\n3.15 Notification\nThe local government is to give written notice to—\n(a) an applicant for a licence of the local government’s decision on her or his application;\n(b) a transferee of the local government’s decision on her or his application for the transfer of a\nvalid licence;\n(c) a licensee of any variation made under clause 3.13(1);\n(d) a licensee when her or his licence is due for renewal and the manner in which it may be\nrenewed;\n(e) a licensee when her or his licence is renewed;\n(f) a licensee of the cancellation of a licence under clause 3.13(2)(a); and\n(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 3.13(2), which\nnotice is to be given in accordance with section 27(6) of the Act.\n3.16 Inspection of kennel\nWith the consent of the occupier, an authorised person may inspect an approved kennel establishment\nat any time.\n","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"MISCELLANEOUS","content":"PART 4—MISCELLANEOUS\n4.1 Offence to excrete\n(1) A dog must not excrete on—\n(a) any thoroughfare, any dog exercise area or other public place; or\n(b) any land which is not a public place without the consent of the occupier.\n(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control\nof the dog at that time commits an offence.\n(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any\nexcreta is removed immediately by that person.\n","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"ENFORCEMENT","content":"PART 5—ENFORCEMENT\n5.1 Interpretation\nIn this Part—\ninfringement notice means the notice referred to in clause 5.4; and\nnotice of withdrawal means the notice referred to in clause 5.7(1).\n5.2 Offences and general penalty\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law 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 penalty\nnot exceeding $500 for each day or part of a day during which the offence has continued.\n5.3 Modified penalties\nThe offences contained in Schedule 3 are offences in relation to which a modified penalty may be\nimposed.\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3069\n5.4 Issue of infringement notice\nWhere an authorised person has reason to believe that a person has committed an offence in respect of\nwhich a modified penalty may be imposed, he or she may issue to that person a notice in the form of\nForm 8 of the First Schedule of the Regulations.\n5.5 Failure to pay modified penalty\nWhere a person who has received an infringement notice fails to pay the modified penalty within the\ntime specified in the notice, or within such further time as may in any particular case be allowed by the\nCEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty.\n5.6 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or within\nsuch further time as may in any particular case be allowed by the CEO, send or deliver to the local\ngovernment the amount of the penalty, with or without a reply as to the circumstances giving rise to\nthe offence, and the local government may appropriate that amount in satisfaction of the penalty and\nissue an acknowledgment.\n5.7 Withdrawal of infringement notice\n(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice in the form of Form 9 of the First Schedule of the Regulations.\n(2) A person authorised to issue an infringement notice under clause 5.4 cannot sign or send a notice of\nwithdrawal.\n————\n","sortOrder":9},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":null,"content":"Schedule 1\nAPPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT\n(clause 3.2)\nI/we (full name) ..............................................................................................................................................\nof (postal address) ..........................................................................................................................................\n(telephone number) ........................................................................................................................................\n(facsimile number) .........................................................................................................................................\n(E-mail address) .............................................................................................................................................\nApply for a licence for an approved kennel establishment at (address of premises) ..................................\n........................................................................................................................................................................\nFor (number and breed of dogs) ....................................................................................................................\n* (insert name of person) ....................................................................................... will be residing at the\npremises on and from (insert date) ...........................................\n* (insert name of person) ............................................................................. will be residing (sufficiently\nclose to the premises so as to control the dogs and so as to ensure their health and welfare) at\n................................................................................................................... (insert address of residence)\non and from ................................... (insert date).\nAttached are—\n(a) a site plan of the premises showing the location of the kennels and yards and all other buildings\nand structures and fences;\n(b) plans and specifications of the kennel establishment;\n(c) copy of notice of proposed use to appear in newspaper;\n(d) copy of notice of proposed use to be given to adjoining premises;\n(e) written evidence that a person will reside—\n(i) at the premises; or\n(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health\nand welfare; and\n(f) if the person in item (e) is not the applicant, written evidence that the person is a person in\ncharge of the dogs.\nI confirm that I have read and agree to comply with the Code of Practice known as ..............................,\nin the keeping of dogs at the proposed kennel establishment.\nSignature of applicant .................................................\nDate ..............................................................................\n* delete where inapplicable.\nNote: a licence if issued will have effect for a period of 12 months—section 27.5 of the Dog Act.\nOFFICE USE ONLY\nApplication fee paid on [insert date].\n\n","sortOrder":10},{"sectionNumber":"3070","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3070 GOVERNMENT GAZETTE, WA 15 July 2021\nCONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT\n(clause 3.8(1))\nAn application for a licence for an approved kennel establishment may be approved subject to the\nfollowing conditions—\n(a) each kennel, unless it is fully enclosed, must have a yard attached to it;\n(b) each kennel and each yard must be at a distance of not less than—\n(i) 25m from the front boundary of the premises and 5m from any other boundary of the\npremises;\n(ii) 10m from any dwelling; and\n(iii) 25m from any church, school room, hall, factory, dairy or premises where food is\nmanufactured, prepared, packed or stored for human consumption;\n(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or\nnetting or other materials approved by the local government;\n(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed\nof dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel\nand the length of the dog is to be determined by measuring from the base of the tail to the front\nof its shoulder;\n(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the\nfloor area of the kennel or group of kennels to which it is attached;\n(f) the upper surface of the kennel floor must be—\n(i) at least 100mm above the surface of the surrounding ground;\n(ii) smooth so as to facilitate cleaning;\n(iii) rigid;\n(iv) durable;\n(v) slip resistant;\n(vi) resistant to corrosion;\n(vii) non-toxic;\n(viii) impervious;\n(ix) free from cracks, crevices and other defects; and\n(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn\nmust lead to a suitably sized diameter sewerage pipe which must be properly laid,\nventilated and trapped in accordance with the health requirements of the local\ngovernment;\n(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to\napproved apparatus for the treatment of sewage in accordance with the health requirements of\nthe local government;\n(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the\njunction of the floor and external and internal walls, or internal walls must be so constructed\nas to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;\n(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of\nany kennel;\n(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—\n(i) 2m; or\n(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured\nfrom the floor to the uppermost tip of its shoulders while in a stationary upright position;\n(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted\ninternally and externally with good quality new zincalume or new pre-finished colour coated\nsteel sheeting or new fibrous cement sheeting or other durable material approved by the local\ngovernment;\n(l) all external surfaces of each kennel must be kept in good condition;\n(m) the roof of each kennel must be constructed of impervious material;\n(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must\nbe cleaned and disinfected when so ordered by an authorised person;\n(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the\ntreatment of sewage;\n(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;\n(q) suitable water must be available at the kennel via a properly supported standpipe and tap; and\n(r) the licensee or the person nominated in the application for a licence, must, in accordance with\nthe application for the licence, continue to reside—\n(i) at the premises; or\n(ii) in the opinion of the local government, sufficiently close to the premises so as to control\nthe dogs, and to ensure their health and welfare.\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3071\n","sortOrder":11},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":null,"content":"Schedule 3\nOFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES\n(clause 5.3)\nOffence Nature of offence Modified penalty\n$\n2.1 Failing to provide means for effectively confining a dog 100\n4.1(2) Dog excreting in prohibited place 100\n————\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3073\nSHIRE OF CARNARVON HEALTH AMENDMENT\nLOCAL LAW 2021\nUnder the powers conferred by the Local Government Act 1995, and all other powers enabling it, the\nCouncil of the Shire of Carnarvon resolved on 25 May 2021 to make the following local law.\n1. Citation\nThis local law is cited as the Shire of Carnarvon Health Amendment Local Law 2021.\n2. Commencement\nThis local law comes into operation 14 days after its publication in the Government Gazette.\n3. Principal local law\nThis local law amends the Shire of Carnarvon Heath Local Laws 1997 as published in the Government\nGazette on 23 July 1997.\n4. Clause 70(3) amended\nIn clause 70(3), the word ‘not’ is inserted after ‘This Section shall’.\n5. Clause 73(b) amended\nIn clause 73(b) the words ‘except where registered homing pigeons are freed for exercise,’ are deleted.\n6. Clause 73A added\nAfter Clause 73 add the following—\nPersons not to release pigeons unless an owner or occupier in the district\n73A. A person shall not release a pigeon or pigeons anywhere in the district unless that person is\nalso an owner or occupier of property in the district.\n————\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3075\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling it,\nthe Council of the Shire of Carnarvon resolved on 25 May 2021 to make the following local law.\nPART 1—DEFINITIONS AND OPERATION\n1.1 Citation\nThis local law may be cited as the Shire of Carnarvon Parking Local Law 2021.\n1.2 Application\n(1) Subject to subclause (2), this local law applies throughout the district.\n(2) This local law does not apply to a parking facility or a parking station that is not occupied by the\nShire, unless the Shire and the owner or occupier of that facility or station have agreed in writing that\nthis 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 parties\nmay agree.\n1.3 Commencement\nThis local law will come into operation on the fourteenth day after the day on which it is published in\nthe Government Gazette.\n1.4 Repeal\n","sortOrder":12},{"sectionNumber":"Part 28","sectionType":"part","heading":"of the Shire of Carnarvon Local Laws Relating to Local Government Act Local Laws 1998","content":"Part 28 of the Shire of Carnarvon Local Laws Relating to Local Government Act Local Laws 1998\npublished in the Government Gazette on 26 February 1998 is deleted.\n1.5 Interpretation\nIn this local law unless the context otherwise requires—\nAct means the Local Government Act 1995;\nauthorised person means a person authorised by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nauthorised vehicle means a vehicle authorised by the local government, Chief Executive Officer,\nauthorised person or by any written law to park on a thoroughfare or parking facility;\nbicycle has the meaning given to it by the Code;\nbicycle lane has the meaning given to it by the Code\nbicycle path has the meaning given to it by the Code;\nbus has the meaning given to it by the Code;\nbus embayment has the meaning given to it by the Code;\nbus stop has the meaning given to it by the Code;\nbus zone has the meaning given to it by the Code;\ncaravan has the meaning given to it by the Caravans Parks and Camping Grounds Act 1995;\ncarriageway has the same meaning given to it in the Code;\ncentre in relation to a carriageway, means a line or a series of lines, marks or other\nindications—\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;\nchildrens crossing has the meaning given to it by the Code;\nCode means the Road Traffic Code 2000;\n\n","sortOrder":13},{"sectionNumber":"3076","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3076 GOVERNMENT GAZETTE, WA 15 July 2021\ncommercial vehicle means a motor vehicle constructed for the conveyance of goods or\nmerchandise, or for the conveyance of materials used in any trade, business, industry or work\nwhatsoever, other than a motor vehicle for the conveyance of passengers, and includes any\nmotor vehicle that is designed primarily for the carriage of persons, but which has been fitted\nor adapted for the conveyance of the goods, merchandise or materials referred to, and is in fact\nbeing used for that purpose;\ndisability parking permit has the meaning given to it in the Local Government (Parking for\nPeople with Disabilities) Regulations 2014;\ndriver means any person driving or in control of a vehicle;\nedge line for a carriageway means a line marked along the carriageway at or near the far left or\nthe far right of the carriageway;\nemergency vehicle has the meaning given to it by the Code;\nfootpath has the meaning given to it by the Code;\nGVM (which stands for gross vehicle mass) has the meaning given to it by the Code;\nloading zone means a parking stall which is set aside for use by commercial vehicles if there is a\nsign referable to that stall marked loading zone;\nmail zone has the meaning given to it by the Code;\nmedian strip has the meaning given to it by the Code;\nmetered space means a section or part of a metered zone that is adjacent to a parking meter and\nthat is marked or defined by painted lines or by metallic studs or similar devices for the purpose\nof indicating where a vehicle may be parked on payment of a fee or charge;\nmetered zone means any thoroughfare or reserve, or part of any thoroughfare or reserve, in which\nparking meters regulate the parking of vehicles;\nmotorcycle has the meaning given to it by the Code;\nmotor vehicle means a self-propelled vehicle that is not operated on rails; and the expression\nincludes a trailer, semi-trailer or caravan while attached to a motor vehicle, but does not\ninclude a power assisted pedal cycle;\nnature strip has the meaning given to it by the Code;\nno parking area has the meaning given to it by the Code;\nno parking sign means a sign with the words no parking in red letters on a white background, or\nthe letter P within a red annulus and a red diagonal line across it on a white background;\nno stopping area has the meaning given to it by the Code;\nno stopping sign means a sign with the words no stopping or no standing in red letters on a white\nbackground or the letter S within a red annulus and a red diagonal line across it on a white\nbackground;\nobstructing means causing or allowing a motor vehicle, trailer, or other object to stand on a road\nin such a way that it is likely to impede other road users;\noccupier has the meaning given to it by the Act;\nowner—\n(a) where used in relation to a vehicle licensed under the Road Traffic Act 1974, means the\nperson 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 to\npossession of that vehicle; and\n(c) where used in relation to land, has the meaning given to it by the Act;\npainted island has the meaning given to it by the Code;\npark has the meaning given to it by the Code;\nparking area has the meaning given to it by the Code;\nparking control sign has the same meaning given it by the Code;\nparking facility includes land, buildings, shelters, metered zones, metered spaces, parking stalls\nand other facilities open to the public generally for the parking of vehicles with or without\ncharge and signs, notices and facilities used in connection with the parking of vehicles;\nparking meter includes the stand on which the meter is erected and a ticket issuing machine;\nparking region means the whole of the district except—\n(a) the approach and departure prohibition areas of all existing and future traffic control\nsignal installations as determined by the Commissioner of Main Roads;\n(b) prohibition areas applicable to all existing and future bridges and subways as\ndetermined by the Commissioner of Main Roads; and\n(c) 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\nand direction of the Commissioner of Main Roads or has been delegated by the\nCommissioner to the Shire;\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3077\nparking stall means a section or part of a thoroughfare or of a parking station which is marked\nor defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the\npurpose of indicating where a vehicle may be parked, but does not include a metered space;\nparking station means any land, or structure provided for the purpose of accommodating vehicles\nwith or without charge, but does not include a metered zone or metered space;\npath has the same meaning given to it by the Code;\npedestrian crossing has the meaning given to it by the Code;\npublic bus has the same meaning given to it by the Code;\npublic place means any place to which the public has access whether or not that place is on private\nproperty;\nreserve means any land—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997; or\n(c) which is an otherwise unvested facility within section 3.53 of the Act;\nroad means a highway, road, street, lane, thoroughfare, way or similar place within the parking\nregion which the public is allowed to use and includes the road verge and any footway within\nit;\nRoad Traffic Act means the Road Traffic Act 1974;\nSchedule means a Schedule to this local law;\nshared zone has the meaning given to it by the Code;\nsign includes a traffic sign, inscription, road marking, mark, structure or device approved by the\nlocal government on which may be shown words, numbers, expressions or symbols, and which\nis placed on or near a thoroughfare or within a parking station or reserve for the purpose of\nprohibiting, regulating, guiding, directing or restricting the parking of vehicles;\nspecial purpose vehicle has the meaning given to it by the Code;\nstop in relation to a vehicle means to stop a vehicle and permit it to remain stationary, except for\nthe purposes of avoiding conflict with other traffic or of complying with the provisions of any\nlaw;\nsymbol includes any symbol specified by Australian Standard 1742.11-1989 and any symbol\nspecified from time to time by Standards Australia for use in the regulation of parking and any\nreference to the wording of any sign in this local law shall be also deemed to include a reference\nto the corresponding symbol;\ntaxi means a taxi within the meaning of the Road Traffic Code 2000;\ntaxi zone has the meaning given to it by the Code;\nthoroughfare has the meaning given to it by the Act;\nticket issuing machine means a parking meter which issues, as a result of money being inserted\nin the machine or such other form of payment as may be permitted to be made, a ticket showing\nthe period during which it shall be lawful to remain parked in a metered space to which the\nmachine is referable;\ntraffic island has the meaning given to it by the Code;\ntrailer has the meaning given to it by the Code—\nvehicle has the meaning given to it by the Code; and\nverge has the same meaning as nature strip.\n1.6 Application of particular definitions\n(1) For the purposes of the application of the definitions ‘no parking area’ and ‘parking area’ an arrow\ninscribed on a traffic sign erected at an angle to the boundary of the carriageway is deemed to be\npointing in the direction in which it would point, if the signs were turned at an angle of less than\n90 degrees until parallel with the boundary.\n(2) Unless the context otherwise requires, where a term is used, but not defined, in this local law, and\nthat term is defined in the Road Traffic Act 1974 or in the Code, then the term shall have the meaning\ngiven to it in that Act or the Code.\n1.7 Application and pre-existing signs\n(1) Subject to subclause (2), this local law applies to the parking region.\n(2) This local law does not apply to a parking facility or a parking station that is not occupied by the\nlocal government, unless the local government and the owner or occupier of that facility or station have\nagreed 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 parties\nmay agree.\n(4) A sign that—\n(i) was erected by the local government or the Commissioner of Main Roads prior to the\ncoming into operation of this local law; and\n\n","sortOrder":14},{"sectionNumber":"3078","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3078 GOVERNMENT GAZETTE, WA 15 July 2021\n(ii) relates to the parking of vehicles within the parking region, shall be deemed for the\npurposes of this local law to have been erected by the local government under the\nauthority of this local law.\n(5) An inscription or symbol on a sign referred to in subclause (5) operates and has effect according to\nits tenor, and where the inscription or symbol relates to the stopping of vehicles, it shall be deemed for\nthe purposes of this local law to operate and have effect as if it related to the parking of vehicles.\n(6) The provisions of Parts 2, 3, 4 and 5 do not apply to a bicycle parked at a bicycle rail or bicycle rack.\n1.8 Classes of vehicles\nFor the purpose of this local law, vehicles are divided into classes as follows—\n(a) buses;\n(b) commercial vehicles;\n(c) motorcycles and bicycles;\n(d) taxis; and\n(e) all other vehicles.\n1.9 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\nshall be read as applying to that part of the thoroughfare which—\n(a) lies beyond the sign;\n(b) lies between the sign and the next sign beyond that sign; and\n(c) is on that side of the thoroughfare nearest to the sign.\n1.10 Powers of the local government\nThe local government may, by resolution, prohibit or regulate by signs or otherwise, the stopping or\nparking of any vehicle or any class of vehicles in any part of the parking region but must do so\nconsistently with the provisions of this local law.\nPART 2—METERED ZONES\n2.1 Determination of metered zones\n(1) The local government may by resolution, constitute, determine and vary and also indicate by signs,\nmetered spaces and metered zones.\n(2) In respect of metered spaces and metered zones the local government may determine, and may\nindicate by signs—\n(a) permitted times and conditions of parking depending on and varying with the locality;\n(b) classes of vehicles which are permitted to park;\n(c) the amount payable for parking; and\n(d) the manner of parking.\n(3) Where the local government makes a determination under subsections (1) or (2) it shall erect signs\nto give effect to the determination.\n2.2 Parking fee to be paid\nSubject to clause 2.5, a person shall not park a vehicle in a metered space unless the appropriate fee as\nindicated by a sign on the parking meter referable to the space is inserted into the parking meter.\n2.3 Limitation on parking in metered space\nThe payment of a fee under clause 2.2 shall entitle a person to park the vehicle in a metered space for\nthe period shown on the parking meter, but does not authorise the parking of the vehicle during any\ntime when parking in that space may be prohibited in accordance with this local law.\n2.4 No parking when meter is expired\nSubject to clause 2.5, a person shall not leave or permit a vehicle to remain parked in a metered space\nduring the hours when a fee is payable to park the vehicle in the space when the parking meter referable\nto that space exhibits the sign ‘Expired’ or a negative time.\n2.5 Suspension of requirement to pay fee\n(1) The local government may, by resolution, declare that the provisions of clauses 2.2 and 2.4 shall not\napply during the periods and days specified.\neffect to the determination.\n2.6 Vehicles to be within metered space\nSubject to subclause (b)—\n(a) A person shall not park a vehicle in a metered space in a thoroughfare otherwise than parallel\nto and as close to the kerb as practicable and wholly within the space, provided that where a\nmetered space is set out otherwise than parallel to the kerb the vehicle need only park wholly\nwithin the space.\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3079\n(b) If a vehicle is too long or too wide to fit completely within a single metered space then the\nperson parking the vehicle shall do so within the minimum number of metered spaces needed\nto park that vehicle.\n(c) A person shall not park a vehicle partly within and partly outside a metered zone.\n2.7 Permitted insertions in parking meters\n(1) A person shall not insert into a parking meter anything other than the designations of coin or\nbanknote or such other permitted form of payment indicated by a sign on the parking meter.\n(2) The insertion of a coin or banknote into any parking meter or the making of payment in such other\nform as may be permitted shall be effected only in accordance with the instructions printed on that\nparticular meter.\n2.8 Parking ticket to be clearly visible\nA driver of a vehicle left parked in a metered zone which is regulated by a ticket issuing machine shall\non purchasing a ticket from the machine for a period of parking, place the ticket inside the vehicle in\nsuch a position that the ticket is clearly visible to and the expiry time or time for which the ticket\nremains valid is able to be read by an authorised person examining the ticket from outside the vehicle.\n2.9 One vehicle per metered space\nA person shall not park or attempt to park a vehicle in a metered space in which another vehicle is\nparked.\n2.10 No parking when hood on meter\nNotwithstanding any other provision of this local law and notwithstanding any other sign or notice, a\nperson shall not park a vehicle in a metered space if the parking meter referable to such metered space\nhas a hood marked ‘No Parking’, ‘Reserved Parking’ or ‘Temporary Bus Stand’ or equivalent symbols\ndepicting these purposes except with the permission of the local government or an authorised person.\nPART 3—PARKING STALLS AND PARKING STATIONS\n3.1 Determination of parking stalls and parking stations\n(1) The local government may, by resolution, constitute, determine and vary—\n(a) parking stalls;\n(b) parking stations;\n(c) permitted time and conditions of parking in parking stalls and parking stations which may\nvary with the locality;\n(d) permitted classes of vehicles which may park in parking stalls and parking stations;\n(e) permitted classes of persons who may park in specified parking stalls or parking stations; and\n(f) the manner of parking in parking stalls and parking stations.\neffect to the determination\n3.2 Vehicles to be within parking stall on thoroughfare\n(1) Subject to subclause (2), (3) and (4), a person shall not park a vehicle in a parking stall in a\nthoroughfare otherwise than—\n(a) parallel to and as close to the kerb as is practicable;\n(b) wholly within the stall; and\n(c) headed in the direction of the movement of traffic on the side of the thoroughfare in which the\nstall is situated.\n(2) Subject to subclause (3) where a parking stall in a thoroughfare is set out otherwise than parallel to\nthe kerb, then a person must park a vehicle in that stall wholly within it.\n(3) If a vehicle is too long or too wide to fit completely within a single parking stall then the person\nparking the vehicle shall do so within the minimum number of parking stalls needed to park that\nvehicle.\n(4) A person shall not park a vehicle partly within and partly outside a parking area.\n3.3 Payment of fee to park in parking station\nA person shall not park a vehicle or permit a vehicle to remain parked in any parking station during\nany period for which a fee is payable unless—\n(a) in the case of a parking station having an authorised person on duty, the appropriate fee is\npaid when demanded; or\n(b) in the case of a parking station equipped with parking meters, the appropriate fee is inserted\nin the meter or the required payment is made in such other form as may be permitted.\n3.4 Suspension of parking station restrictions\n(1) The local government may, by resolution, declare that the provisions of clause 3.3 do not apply\nduring periods on particular days in relation to particular parking stations as specified.\neffect to the determination.\n\n","sortOrder":15},{"sectionNumber":"3080","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3080 GOVERNMENT GAZETTE, WA 15 July 2021\n3.5 Vehicle not to be removed until fee paid\nA person shall not remove a vehicle which has been parked in a parking station until the fee associated\nwith parking that vehicle in the parking station has been paid in full.\n3.6 Entitlement to receipt\nA person paying a fee at a parking station is to be entitled to receive a receipt on demand showing the\nperiod of parking covered by such payment and the amount of the fee paid.\n3.7 Parking ticket to be clearly visible\nA driver of a vehicle in a parking station which is equipped with a ticket issuing machine shall on\npurchasing a ticket from the machine for a period of parking, place the ticket inside the vehicle in such\na position that the ticket is clearly visible to and the expiry time or time for which the ticket remains\nvalid is able to be read by an authorised person examining the ticket from outside the vehicle.\n3.8 Parking prohibitions and restrictions\n(1) A person shall not—\n(a) park a vehicle so as to obstruct an entrance to, or an exit from a parking station, or an access\nway within a parking station;\n(b) except with the permission of the local government or an authorised person park a vehicle on\nany part of a parking station contrary to a sign referable to that part;\n(c) permit a vehicle to park on any part of a parking station, if an authorised person directs the\ndriver of such vehicle to move the vehicle; or\n(d) park or attempt to park a vehicle in a parking stall in which another vehicle is parked but this\nparagraph does not prevent the parking of a motorcycle and a bicycle together in a stall marked\n‘M/C’, if the bicycle is parked in accordance with subclause (2).\n(2) No person shall park any bicycle—\n(a) in a parking stall other than in a stall located against a kerb and marked ‘M/C’; and\n(b) in such stall other than parked against the kerb.\n(3) Notwithstanding the provisions of subclause (1)(b) a driver may park a vehicle in a permissive\nparking stall or station (except in a parking area for people with disabilities) for twice the length of\ntime allowed, provided that—\n(a) the driver’s vehicle displays a valid disability parking permit ;\n(b) a person with disabilities to which that permit relates is either the driver of or a passenger in\nthe vehicle; and\n(c) any disability permit displayed must be clearly displayed from inside the vehicle in such a position\nthat the permit is clearly visible to, and is able to be read by an authorised person examining the permit\nfrom outside the vehicle.\nPART 4—PARKING GENERALLY\n4.1 Restrictions on parking in particular areas\n(1) Subject to subclause (2), a person shall not park a vehicle in a thoroughfare or part of a thoroughfare,\nor part of a parking station—\n(a) if by a sign it is set apart for the parking of vehicles of a different class;\n(b) if by a sign it is set apart for the parking of vehicles by persons of a different class; or\n(c) during any period when the parking of vehicles is prohibited by a sign.\n(2) (a) This subclause applies to a driver if—\n(i) the driver’s vehicle displays a Disability Parking Permit; and\n(ii) a disabled person to which the Disability Parking Permit relates is either the driver of\nthe vehicle or a passenger in the vehicle.\n(b) The driver may park a vehicle in a thoroughfare or a part of a thoroughfare or part of a parking\nstation, except in a thoroughfare or a part of a thoroughfare or part of a parking station to\nwhich a disability parking permit sign relates for twice the period indicated on the sign.\n(3) A person shall not park a vehicle—\n(a) in a no parking area; or\n(b) in a parking area, except in accordance with signs associated with the parking area and with\n(5) A person shall not, without the prior permission of the local government, the CEO, or an authorised\nperson, park a vehicle in an area designated by a sign stating ‘Authorised Vehicles Only’.\n4.2 Parking vehicle on a carriageway\n(1) A person parking a vehicle on a carriageway other than in a parking stall shall park it—\n(a) in the case of a two-way carriageway, so that it is as near as practicable to and parallel with,\nthe left boundary of the carriageway and headed in the direction of the movement of traffic on\nthe side of the thoroughfare on which the vehicle is parked;\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3081\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 farther\nboundary of the carriageway, or any continuous line or median strip, or between the vehicle\nand 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 other\nvehicle, except a motorcycle without a trailer, or a bicycle parked in accordance with this local\nlaw; and\n(e) so that it does not obstruct any vehicle on the carriageway,\nunless otherwise indicated on a parking regulation sign or markings on the roadway.\n(2) In this clause, ‘continuous dividing line’ means—\n(a) a single continuous dividing line only;\n(b) a single continuous dividing line to the left or right of a broken dividing line; or\n(c) 2 parallel continuous dividing lines.\n4.3 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 area\nindicates, or marks on the carriageway indicate, that vehicles have to park in a different position, where\nthe parking area is—\n(a) adjacent to the boundary of a carriageway, a person parking a vehicle in the parking area shall\npark it as near as practicable to and parallel with that boundary; and\n(b) at or near the centre of the carriageway, a person parking a vehicle in that parking area shall\npark it at approximately right angles to the centre of the carriageway in a manner that does\nnot obstruct the carriageway.\n4.4 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 three\ntonnes; or\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 an\nequivalent symbol depicting this purpose), a person parking a vehicle in the area shall park the vehicle\nat an angle of approximately 45 degrees to the centre of the carriageway unless otherwise indicated by\nthe inscription on the parking sign or by marks on the carriageway.\n4.5 General prohibitions on parking\n(1) (a) This clause does not apply to a vehicle parked in a parking stall nor to a bicycle in a bicycle\nrack.\n(b) Subclauses (2)(c), (e) and (g) do not apply to a vehicle which parks in a bus embayment.\n(2) Subject to any law relating to intersections with traffic control signals, a person shall not park a\nvehicle so that any portion of the vehicle is—\n(a) on or adjacent to a median strip or painted island;\n(b) 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(c) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the\ncarriageway, if the vehicle would obstruct traffic;\n(d) on or within 10 metres of any portion of a carriageway bounded by a traffic island;\n(e) on any portion of a footpath or pedestrian crossing;\n(f) between the boundaries of a carriageway and any double longitudinal line consisting of two\ncontinuous lines or between a double longitudinal line consisting of a continuous line and a\nbroken or dotted line and the boundary of a carriageway nearer to the continuous line, unless\nthere is a distance of at least 3 metres clear between the vehicle and the double longitudinal\nline;\n(g) on an intersection, except adjacent to a carriageway boundary that is not broken by an\nintersecting carriageway;\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;\n(i) within 3 metres of a public letter box, unless the vehicle is being used for the purposes of\ncollecting postal articles from the pillar box; or\n(j) within 10 metres of the nearer property line of any thoroughfare intersecting the thoroughfare\non the side on which the vehicle is parked unless a sign or markings on the carriageway indicate\notherwise.\n\n","sortOrder":16},{"sectionNumber":"3082","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3082 GOVERNMENT GAZETTE, WA 15 July 2021\n(3) A person shall not park a vehicle so that any portion of the vehicle is within 10 metres of the\ndeparture side of—\n(a) a sign inscribed with the words ‘Bus Stop’ or ‘Hail Bus Here’ (or with equivalent symbols\ndepicting these purposes) unless the vehicle is a bus stopped to take up or set down passengers;\nor\n(b) a children’s crossing or pedestrian crossing.\n(4) A person shall not park a vehicle so that any portion of the vehicle is within 20 metres of the\napproach side of—\n(a) a sign inscribed with the words ‘Bus Stop’ or ‘Hail Bus Here’ (or with equivalent symbols\ndepicting these purposes) unless the vehicle is a bus stopped to take up or set down passengers;\n(b) a children’s crossing or pedestrian crossing.\n(5) A person shall not park a vehicle 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.\n4.6 Authorised person may order vehicle on thoroughfare to be moved\nThe driver of a vehicle shall not park that vehicle on any part of a thoroughfare in contravention of this\nlocal law after an authorised person has directed the driver to move it.\n4.7 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 any\nother non-indelible substance for a purpose connected with or arising out of his or her duties or powers.\n(2) A person shall not remove a mark made by an authorised person so that the purpose of the affixing\nof such a mark is defeated or likely to be defeated.\n4.8 No movement of vehicles to avoid time limitation\n(1) Where the parking of vehicles in a parking facility is permitted for a limited time, a person shall not\nmove a vehicle within the parking facility so that the total time of parking exceeds the maximum time\nallowed for parking in the parking facility.\n(2) Where the parking of vehicles in a thoroughfare is permitted for a limited time, a person shall not\nmove a vehicle along that thoroughfare so that the total time of parking exceeds the maximum time\npermitted, unless the vehicle has first been removed from the thoroughfare for at least two hours.\n4.9 No parking of vehicles exposed for sale and in other circumstances\nA person shall not park a vehicle on any portion of a thoroughfare—\n(a) for the purpose of exposing it for sale;\n(b) if that vehicle is not licensed under the Road Traffic Act;\n(c) if that vehicle is a trailer or a caravan unattached to a motor vehicle; or\n(d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable\nthe vehicle to be moved to a place other than a thoroughfare.\n4.10 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;\n(b) of which the local government is the management body under the Land Administration\nAct 1997;\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act; or\n(d) which is the subject of an agreement referred to in clause 1.7(2).\n(2) A person shall not park a vehicle on land without the consent of the owner or occupier of the land\non which the vehicle is parked.\n(3) Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to\nthe parking of vehicles of a specified class or classes on the land for a limited period, a person shall not\npark a vehicle on the land otherwise than in accordance with the consent.\n4.11 Parking on reserves\nNo person other than an employee of the local government in the course of his or her duties or a person\nauthorised by the local government shall drive or park a vehicle upon or over any portion of a reserve\nother than upon an area specifically set aside for that purpose.\n4.12 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 thoroughfare\nor parking facility, the local government, the CEO or an authorised person may, subject to the Code,\npermit a person to park a vehicle in that portion of the thoroughfare or parking facility for longer than\nthe permitted time in order that the person may 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 portion of the thoroughfare or parking facility\nto which the permission relates, for the duration of that permission.\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3083\nPART 5—PARKING AND STOPPING GENERALLY\n5.1 No stopping and no parking signs, and yellow edge lines\n(1) A driver shall not stop on a length of carriageway, or in an area, to which a ‘no stopping’ sign applies.\n(2) A driver shall not stop on a length of carriageway or in an area to which a ‘no parking’ sign applies,\nunless the driver—\n(a) is dropping off, or picking up, passengers or goods;\n(b) does not leave the vehicle unattended so that the driver is more than 3 metres from the closest\npoint of the vehicle;\n(c) completes the dropping off, or picking up, of the passengers or goods within 2 minutes of\nstopping and drives on.\n(3) A driver shall not stop at the side of a carriageway marked with a continuous yellow edge line.\n","sortOrder":17},{"sectionNumber":"Part 6","sectionType":"part","heading":"STOPPING IN ZONES FOR PARTICULAR VEHICLES","content":"PART 6—STOPPING IN ZONES FOR PARTICULAR VEHICLES\n6.1 Stopping in a loading zone\nA person shall 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, shall not remain in that loading zone—\n(c) for longer than a time indicated on the ‘loading zone’ sign; or\n(d) longer than 30 minutes (if no time is indicated on the sign).\n6.2 Stopping in a taxi zone or a bus zone\n(1) A driver shall not stop in a taxi zone, unless the driver is driving a taxi.\n(2) A driver shall not stop in a bus zone unless the driver is driving a public bus, or a bus of a type that\nis permitted to stop at the bus zone by information on or with the ‘bus zone’ sign applying to the bus\nzone.\n6.3 Stopping in a mail zone\nA person shall not stop a vehicle in a mail zone.\n6.4 Other limitations in zones\nA person shall not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would\nbe contrary to any limitation in respect to classes of persons or vehicles, or specific activities allowed,\nas indicated by additional words on a traffic sign that applies to the zone.\n","sortOrder":18},{"sectionNumber":"Part 7","sectionType":"part","heading":"OTHER PLACES WHERE STOPPING IS RESTRICTED","content":"PART 7—OTHER PLACES WHERE STOPPING IS RESTRICTED\n7.1 Stopping in a shared zone\nA driver shall not stop in a shared zone unless—\n(a) the driver stops at a place on a length of carriageway, or in an area, to which a parking control\nsign applies and the driver is permitted to stop at that place under this local law;\n(b) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under\nthis local law;\n(c) the driver is dropping off, or picking up, passengers or goods; or\n(d) the driver is engaged in door-to-door delivery or collection of goods, or in the collection of waste\nor garbage.\n7.2 Double parking\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is between any other stopped\nvehicle and the centre of the carriageway.\n(2) This clause does not apply to—\n(a) a driver stopped in traffic; or\n(b) a driver angle parking on the side of the carriageway or in a median strip parking area, in\naccordance with this local law.\n7.3 Stopping near an obstruction\nA driver shall not stop on a carriageway near an obstruction on the carriageway in a position that\nfurther obstructs traffic on the carriageway.\n7.4 Stopping on a bridge or in a tunnel, etc.\n(1) A driver shall not stop a vehicle on a bridge, causeway, ramp or similar structure unless—\n(a) the carriageway is at least as wide on the structure as it is on each of the approaches and a\ntraffic sign does not prohibit stopping or parking; or\n(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking control\nsign applies and the driver is permitted to stop at that place under this local law.\n\n","sortOrder":19},{"sectionNumber":"3084","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3084 GOVERNMENT GAZETTE, WA 15 July 2021\n(2) A driver shall not stop a vehicle in a tunnel or underpass unless—\n(a) the carriageway is at least as wide in the tunnel or underpass as it is on each of the approaches\nand 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.\n7.5 Stopping on crests, curves, etc.\n(1) Subject to subclause (2), a driver shall not stop a vehicle on, or partly on, a carriageway, in any\nposition where it is not visible to the driver of an overtaking vehicle, from a distance of 80 metres within\na built-up area, and from a distance of 150 metres outside a built-up area.\n(2) A driver may stop on a crest or curve on a carriageway that is not in a built-up area if the driver\nstops at a place on the carriageway, or in an area, to which a parking control sign applies and the driver\nis permitted to stop at that place under this local law.\n7.6 Stopping near a fire hydrant etc.\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is within one metre of a fire\nhydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug,\nunless—\n(a) the driver is driving a public bus, and the driver stops in a bus zone or at a bus stop and does\nnot leave the bus unattended; or\n(b) the driver is driving a taxi, and the driver stops in a taxi zone and does not leave the taxi\nunattended.\n(2) In this clause a driver leaves the vehicle ‘unattended’ if the driver leaves the vehicle so the driver is\nover 3 metres from the closest point of the vehicle.\n7.7 Stopping at or near a bus stop\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is within 20 metres of the approach\nside of a bus stop, or within 10m of the departure side of a bus stop, unless—\n(a) the vehicle is a public bus stopped to take up or set down passengers; or\n(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking control\nsign applies and the driver is permitted to stop at that place under this local law.\n(2) In this clause—\n(a) distances are measured in the direction in which the driver is driving; and\n(b) a trailer attached to a public bus is deemed to be a part of the public bus.\n7.8 Stopping on a path, median strip, or traffic island or painted island\nThe driver of a vehicle (other than a bicycle or an animal) shall not stop so that any portion of the\nvehicle is on a path, traffic island, painted island, or median strip, unless the driver stops in an area,\nto which a parking control sign applies and the driver is permitted to stop at that place under this local\nlaw.\n7.9 Stopping on verge\n(1) A person shall not—\n(a) stop a vehicle (other than a bicycle);\n(b) stop a commercial vehicle or bus, or a trailer or caravan unattached to a motor vehicle; or\n(c) stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a\nsign adjacent and referable to that verge or in contravention of clause 9.6,\nso that any portion of it is on a verge.\n(2) Subject to clause 9.6, subclause (1)(a) does not apply to the person if he or she is the owner or occupier\nof the premises adjacent to that verge, or is a person authorised by the occupier of those premises to\nstop the vehicle so that any portion of it is on the verge.\n(3) Subject to clause 9.6, subclause (1)(b) does not apply to a commercial vehicle when it is being loaded\nor unloaded with reasonable expedition with goods, merchandise or materials collected from or\ndelivered to the premises adjacent to the portion of the verge on which the commercial vehicle is parked,\nprovided no obstruction is caused to the passage of any vehicle or person using a carriageway or a path.\n7.10 Obstructing access to and from a path, driveway, etc.\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is in front of a path, in a position\nthat obstructs access by vehicles or pedestrians to or from that path, unless—\n(a) the driver is dropping off, or picking up, passengers; or\n(b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall under\n(2) A driver shall not stop a vehicle on or across a driveway or other way of access for vehicles travelling\nto 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 under\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3085\n7.11 Stopping near a public letter box\nA driver shall not stop a vehicle so that any portion of the vehicle is within 3 metres of a public letter\nbox, unless the driver—\n(a) is dropping off, or picking up, passengers or mail; or\n(b) stops at a place on a length of carriageway, or in an area, to which a parking control sign applies\nand the driver is permitted to stop at that place under this local law.\n7.12 Stopping on a carriageway—heavy and long vehicles\n(1) A person shall not park a vehicle or any combination of vehicles, that, together with any projection\non, or load carried by, the vehicle or combination of vehicles, is 7.5 metres or more in length or exceeds\na 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 mitigates the limitations or condition imposed by any other clause or by any\nlocal law or traffic sign relating to the parking or stopping of vehicles.\n7.13 Stopping on a carriageway with a bicycle parking sign\nThe driver of a vehicle (other than a bicycle) shall not stop on a length of carriageway to which a ‘bicycle\nparking’ sign applies, unless the driver is dropping off, or picking up, passengers.\n7.14 Stopping on a carriageway with motor cycle parking sign\nThe driver of a vehicle shall not stop on a length of carriageway, or in an area, to which a ‘motor cycle\nparking’ sign applies, or an area marked ‘M/C’ unless—\n(a) the vehicle is a motor cycle; or\n(b) the driver is dropping off, or picking up, passengers.\n","sortOrder":20},{"sectionNumber":"Part 8","sectionType":"part","heading":"RESIDENTIAL PARKING PERMITS","content":"PART 8—RESIDENTIAL PARKING PERMITS\n8.1 Residential parking permit\n(1) A person may apply for a permit to park a vehicle on a thoroughfare if the person is—\n(a) an occupier of a lot fronting the thoroughfare;\n(b) the holder of the requisite vehicle licence under the Road Traffic Act for the vehicle; and\n(c) subject to subclause (2), described on the vehicle licence as residing at the lot.\n(2) An applicant for a permit who is not described in accordance with subclause (1)(c), may apply for a\ntemporary permit by stating (by way of statutory declaration) on an application for such that he or she\nresides at that lot.\n(3) An application for a permit shall be made in the form determined by the local government.\n(4) The local government may in respect of an application for a permit for the purpose of subclause (1)\nor (2)—\n(a) approve it;\n(b) approve it subject to such conditions as the local government considers appropriate; or\n(c) refuse to approve it.\n(5) Where the local government makes a decision under subclauses (4)(a) or (b), it shall issue a permit\nin the form determined by it to the person who applied for the permit.\n(6) A temporary permit issued for the purpose of subclause (2)—\n(a) will expire 3 months after it is issued; and\n(b) is not renewable.\n(7) A permit issued for the purpose of subclause (1) may be either—\n(a) an annual permit, issued for a period not exceeding one year and expiring on 31 December in\nthe year of issue; or\n(b) a temporary permit, issued for a period not exceeding 6 months from the date of issue.\n(8) Every permit issued for the purpose of subclause (1) is to specify—\n(a) a permit number;\n(b) the registration number of the vehicle;\n(c) the name of the thoroughfare to which the exemption granted by clause 8.2 applies; and\n(d) the date on which it expires.\n8.2 Conditions of exemption for residential parking permits\nWhere parking of a vehicle on any part of a thoroughfare within the district is prohibited for more than\na specified time, or without an unexpired parking ticket being displayed within the vehicle, the holder\nof a permit issued under clause 8.1 is exempted from such prohibitions if—\n(a) the vehicle is parked on a thoroughfare specified in the permit, but not adjacent to retail\npremises where the parking of all vehicles is subject to a time restriction;\n\n","sortOrder":21},{"sectionNumber":"3086","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3086 GOVERNMENT GAZETTE, WA 15 July 2021\n(b) the permit is affixed to the windscreen of the vehicle in a prominent position;\n(c) the period in respect of which the permit was issued has not expired; and\n(d) if the holder of the permit at the time of parking the vehicle still resides at the lot in respect of\nwhich the permit was issued.\n8.3 Removal and cancellation of residential parking permit\nThe holder of a permit issued under clause 8.1 who changes residence shall remove the permit from the\nvehicle to which it is affixed, and the permit shall be deemed to be cancelled on and from the date the\nholder changes residence.\nPART 9—MISCELLANEOUS\n9.1 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 the\nvehicle, shall not remove from the vehicle any notice put on the vehicle by an authorised person.\n9.2 Unauthorised signs and defacing of signs\nA person shall not without the authority of the local government—\n(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or exhibited\nby 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 under\nthis local law or attempt to do any such act; or\n(c) affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign set\nup or exhibited by the local government under this local law.\n9.3 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.\n9.4 General provisions about signs\n(1) A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the absence\nof evidence to the contrary presumed to be a sign marked, erected, set up, established or displayed\nunder the authority of this local law.\n(2) The first three letters of any day of the week when used on a sign indicate that day of the week.\n9.5 Special purpose and emergency vehicles\nNotwithstanding anything to the contrary in this local law, the driver of—\n(1) a special purpose vehicle may, only in the course of his or her duties and when it is expedient\nand safe to do so, stop, or park the vehicle in any place, at any time; and\n(2) an emergency vehicle may, in the course of his or her duties and when it is expedient and safe\nto do so or where he or she honestly and reasonably believes that it is expedient and safe to do\nso, stop, or park the vehicle at any place, at any time.\n9.6 Vehicles not to obstruct a public place\n(1) A person shall not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the\nuse of any part of that public place without the permission of the local government or unless authorised\nunder any written law.\n(2) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24\nhours.\n","sortOrder":22},{"sectionNumber":"Part 10","sectionType":"part","heading":"PENALTIES","content":"PART 10—PENALTIES\n10.1 Offences and penalties\n(1) Any 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) An offence against any provision of this local law is a prescribed offence for the purposes of section\n9.16(1) of the Act.\n(3) Any person who commits an offence under this local law shall be liable, upon conviction, to a penalty\nnot less than $1,000 and not exceeding $5,000, and if the offence is of a continuing nature, to an\nadditional penalty not exceeding $500 for each day or part of a day during which the offence has\ncontinued.\n(4) The amount appearing in the final column of Schedule 1 directly opposite a clause specified in that\nSchedule is the modified penalty for an offence against that clause.\n10.2 Form of notices\nFor the purposes of this local law—\n(a) the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 2;\n(b) the form of the infringement notice referred to in section 9.17 of the Act is that of Form 2 in\nSchedule 2;\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3087\n(c) the form of the infringement notice referred to in section 9.17 of the Act which incorporates the\nnotice referred to in section 9.13 of the Act, is that of Form 3 in Schedule 2; and\n(d) the form of the notice referred to in section 9.20 of the Act is that of Form 4 in Schedule 2.\n————\nSchedule 1\nPRESCRIBED OFFENCES\n(Clause 10.1(4))\nItem\nNo. Clause No. Nature of Offence\nModified\nPenalty\n$\n1 2.2 Failure to pay fee for metered space 100\n2 2.3 Parking in excess of period shown on metered space 100\n3 2.4 Parking when meter has expired 100\n4 2.6(a) Failure to park wholly within metered space 100\n5 2.6(c) Parking outside metered zone 100\n6 2.7 Non-permitted insertion in parking meter 100\n7 2.8 Failure to display ticket clearly in metered zone 100\n8 2.9 Parking or attempting to park a vehicle in a metered space\noccupied by another vehicle 100\n9 2.10 Parking contrary to a meter hood 100\n10 3.2 Failure to park wholly within parking stall 100\n11 3.2(4) Failure to park wholly within parking area 100\n12 3.3 Failure to pay parking station fee 100\n13 3.5 Leaving without paying parking station fee 100\n14 3.7 Failure to display ticket clearly in parking station 100\n15 3.8(1)(a) Causing obstruction in parking station 100\n16 3.8(1)(b) Parking contrary to sign in parking station 100\n17 3.8(1)(c) Parking contrary to directions of authorised person 100\n18 3.8(1)(d) Parking or attempting to park a vehicle in a parking stall\noccupied by another vehicle 100\n19 4.1(1)(a) Parking wrong class of vehicle 100\n20 4.1(1)(b) Parking by persons of a different class 100\n21 4.1(1)(c) Parking during prohibited period 100\n22 4.1(3)(a) Parking in no parking area 100\n23 4.1(3)(b) Parking contrary to signs or limitations 100\n24 4.1(3)(c) Parking vehicle in motor cycle only area 100\n25 4.1(4) Parking motor cycle in stall not marked ‘M/C’ 100\n26 4.1(5) Parking without permission in an area designated for\n‘Authorised Vehicles Only’ 100\n27 4.2(1)(a) Failure to park on the left of two-way carriageway and against\nthe flow of traffic 100\n28 4.2(1)(b) Failure to park on boundary of one-way carriageway and\nagainst the flow of traffic 100\n29 4.2(1)(c) Parking when distance from farther boundary less than\n3 metres 100\n30 4.2(1)(d) Parking closer than 1 metre from another vehicle 100\n31 4.2(1)(e) Causing obstruction 100\n32 4.3(b) Failure to park at approximate right angle of 90 degrees 100\n33 4.4(2) Failure to park at an appropriate angle of 45 degrees 100\n34 4.5(2)(a) Parking on or adjacent to a median strip or painted island 100\n35 4.5(2)(b) Denying access to private drive or right of way 100\n36 4.5(2)(c) Parking beside excavation or obstruction so as to obstruct\ntraffic 100\n37 4.5(2)(d) Parking within 10 metres of traffic island 100\n38 4.5(2)(e) Parking on footpath/pedestrian crossing 100\n39 4.5(2)(f) Parking contrary to continuous line markings 100\n\n","sortOrder":23},{"sectionNumber":"3088","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3088 GOVERNMENT GAZETTE, WA 15 July 2021\nItem\nNo. Clause No. Nature of Offence\nModified\nPenalty\n$\n40 4.5(2)(g) Parking on intersection 100\n41 4.5(2)(h) Parking within 1 metre of fire hydrant or fire plug 100\n42 4.5(2)(i) Parking within 3 metres of public letter box 100\n43 4.5(2)(j) Parking within 10 metres of intersection 100\n44 4.5(3)(a) Parking vehicle within 10 metres of departure side of bus stop 100\n45 4.5(3)(b) Parking vehicle within 10 metres of departure side of children’s\ncrossing or pedestrian crossing 100\n46 4.5(4)(a) Parking vehicle within 20 metres of approach side of bus stop 100\n47 4.5(4)(b) Parking vehicle within 20 metres of approach side of a\nchildren’s or pedestrian crossing 100\n48 4.5(5) Parking vehicle within 20 metres of approach side or departure\nside of railway level crossing 100\n49 4.6 Parking contrary to direction of authorised person 100\n50 4.7(2) Removing mark of authorised person 100\n51 4.8 Moving vehicle to avoid time limitation 100\n52 4.9(a) Parking in thoroughfare for purpose of sale 100\n53 4.9(b) Parking unlicensed vehicle in thoroughfare 100\n54 4.9(c) Parking a trailer/caravan on a thoroughfare 100\n55 4.9(d) Parking in thoroughfare for purpose of repairs 100\n56 4.10(1) or (2) Parking on land that is not a parking facility without consent 100\n57 4.10(3) Parking on land not in accordance with consent 100\n58 4.11 Driving or parking on reserve 100\n59 5.1(1) Stopping contrary to a ‘no stopping’ sign 100\n60 5.1(2) Parking contrary to a ‘no parking’ sign 100\n61 5.1(3) Stopping within continuous yellow lines 100\n62 6.1 Stopping unlawfully in a loading zone 100\n63 6.2 Stopping unlawfully in a taxi zone or bus zone 100\n64 6.3 Stopping unlawfully in a mail zone 100\n65 6.4 Stopping in a zone contrary to a sign 100\n66 7.1 Stopping in a shared zone 100\n67 7.2 Double parking on carriageway 100\n68 7.3 Stopping near an obstruction 100\n69 7.4 Stopping on a bridge or tunnel 100\n70 7.5 Stopping on crests/curves 100\n71 7.6 Stopping near fire hydrant 100\n72 7.7 Stopping near bus stop 100\n73 7.8 Stopping on path, median strip or traffic island 100\n74 7.9 Stopping on verge 100\n75 7.10 Obstructing path, a driveway 100\n76 7.11 Stopping near public letter box 100\n77 7.12 Stopping heavy or long vehicles on carriageway 100\n78 7.13 Stopping in bicycle parking area 100\n79 7.14 Stopping in motorcycle parking area 100\n80 8.3 Failure to remove permit when residence changed 100\n81 9.6 Leaving vehicle so as to obstruct a public place 100\n","sortOrder":24},{"sectionNumber":"82","sectionType":"section","heading":"All other offences not specified 100","content":"82 All other offences not specified 100\n————\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3089\nFORM 1\nNOTICE TO OWNER OF VEHICLE INVOLVED IN OFFENCE\nTo: (1) ..............................................................................................................................................................\nof: (2) ................................................................................................................................................................\nIt is alleged that on .......... / .......... / .......... at (3) ...........................................................................................\nat (4) ....................................................................................................................................... your vehicle—\nmake: .................................................................. ;\ntype: ................................................................... ;\nregistration: ....................................................... ,\nwas involved in the commission of the following offence—..........................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\nYou are required under section 9.13 of the Local Government Act 1995 to identify the person who was\nthe driver or person in charge of the vehicle at the time when the offence is alleged to have been\ncommitted.\nIf you do not prove otherwise, you will be deemed to have committed the offence unless—\n(a) within 28 days after being served with this notice—\n(i) you inform the Chief Executive Officer or another authorised officer of the local\ngovernment as to the identity and address of the person who was the driver or person in\ncharge of the vehicle at the time the offence is alleged to have been committed; and\n(ii) you satisfy the Chief Executive Officer that the vehicle had been stolen, or was being\nunlawfully used, at the time the offence is alleged to have been committed;\nor\n(b) you were given an infringement notice for the alleged offence and the modified penalty specified\nin it is paid within 28 days after the notice was given or such further time as is allowed.\n(5) ....................................................................................................................................................................\n(6) ....................................................................................................................................................................\n(1) Name of owner or ‘the owner’\n(2) Address of owner (not required if owner not named)\n(5) Signature of authorised person\n(6) Name and title of authorised person giving notice\n————\nFORM 2\nINFRINGEMENT NOTICE\nTo: (1) ..............................................................................................................................................................\nof: (2) ................................................................................................................................................................\nIt is alleged that on .......... / .......... / .......... at (3) ...........................................................................................\nat (4) ................................................................................................................................................................\n\n","sortOrder":25},{"sectionNumber":"3090","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3090 GOVERNMENT GAZETTE, WA 15 July 2021\nregistration: ................................................ ,\nyou committed the following offence— .........................................................................................................\n.......................................................................................................................................................................\n.......................................................................................................................................................................\n.......................................................................................................................................................................\nThe modified penalty for the offence is $ ...............\nIf you do not wish to have a complaint of the alleged offence heard and determined by a court, the\namount of the modified penalty may be paid to an authorised person at (5) ............................. within a\nperiod of 28 days after the giving of this notice.\nIf you do not pay the modified penalty within 28 days after the date of this notice, you may be prosecuted\nor enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement\nAct 1994. Under that Act, some or all of the following actions may be taken—\nYour driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may\nbe disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be\nimmobilised or have its number plates removed, your details may be published on a website, your\nearnings or bank accounts may be garnished, and your property may be seized and sold. If the above\naddress is not your current address, or if you change your address, it is important that you advise us\nimmediately. Failure to do so may result in your driver’s licence or any vehicle licence you hold being\nsuspended without your knowledge.\n(6) ...................................................................................................................................................................\n(7) ...................................................................................................................................................................\n(1) Name of alleged offender or ‘the owner’\n(2) Address of alleged offender\n(5) Place where modified penalty may be paid\n(6) Signature of authorised person\n(7) Name and title of authorised person giving notice\n————\nFORM 3\nINFRINGEMENT NOTICE\nTo: (1) .............................................................................................................................................................\nof: (2)................................................................................................................................................................\nIt is alleged that on .......... / .......... / .......... at (3) ..........................................................................................\nat (4) ...............................................................................................................................................................\nregistration: ................................................ ,\nyou committed the following offence— .........................................................................................................\n.......................................................................................................................................................................\n.......................................................................................................................................................................\n.......................................................................................................................................................................\nThe modified penalty for the offence is $ ...............\n\n15 July 2021 GOVERNMENT GAZETTE, WA 3091\nIf you do not wish to have a complaint of the alleged offence heard and determined by a court, the\namount of the modified penalty may be paid to an authorised person at (5) ........................... within a\nperiod of 28 days after the giving of this notice.\nUnless within 28 days after being served with this notice—\n(a) you pay the modified penalty; or\n(b) you—\n(i) inform the Chief Executive Officer or another authorised officer of the local government\nas to the identity and address of the person who was the driver or person in charge of the\nabove vehicle at the time the offence is alleged to have been committed; or\n(ii) satisfy the Chief Executive Officer that the above vehicle had been stolen or was being\nunlawfully used at the time the offence is alleged to have been committed,\nyou will, in the absence of proof to the contrary, be deemed to have committed the above offence and\ncourt proceedings may be instituted against you.\nIf you do not pay the modified penalty within 28 days after the date of this notice, you may be prosecuted\nor enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement\nAct 1994. Under that Act, some or all of the following actions may be taken—\nYour driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may\nbe disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be\nimmobilised or have its number plates removed, your details may be published on a website, your\nearnings or bank accounts may be garnished, and your property may be seized and sold. If the above\naddress is not your current address, or if you change your address, it is important that you advise us\nimmediately. Failure to do so may result in your driver’s licence or any vehicle licence you hold being\nsuspended without your knowledge.\n(6) ....................................................................................................................................................................\n(7) ....................................................................................................................................................................\n(1) Name of owner or ‘the owner’\n(2) Address of owner (not required if owner not named)\n(5) Place where modified penalty may be paid\n(6) Signature of authorised person\n(7) Name and title of authorised person giving notice\n————\nFORM 4\nWITHDRAWAL OF INFRINGEMENT NOTICE\nTo: (1) ..............................................................................................................................................................\nof: (2) ................................................................................................................................................................\nInfringement Notice No. .................................................................................... dated ........../........../..........\nregistration: ................................................. ,\nfor the alleged offence of— ............................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\nhas been withdrawn.\n\n","sortOrder":26},{"sectionNumber":"3092","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 15 July 2021","content":"3092 GOVERNMENT GAZETTE, WA 15 July 2021\nThe modified penalty of $ ......................................\n(a) has been paid and a refund is enclosed.\n(b) has not been paid and should not be paid.\n(delete as appropriate).\n(3) ...................................................................................................................................................................\n(4) ...................................................................................................................................................................\n(1) Name of alleged offender to whom infringement notice was given or ‘the owner’.\n(2) Address of alleged offender.\n(3) Signature of authorised person\n(4) Name and title of authorised person giving notice\n————","sortOrder":27}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. The Cats and Dogs Local Laws replace specific 1990s-era animal control bylaws with updated versions under modern State legislation. The Health Amendment makes targeted changes to pigeon keeping rules. The Parking Local Law replaces Part 28 of a 1998 local law with a comprehensive modern parking code. None have expanded significantly beyond their original regulatory purposes."},"complexity_factors":["Four distinct local laws bundled together in one Gazette publication, each with separate Parts, clauses, and Schedules","Extensive cross-referencing to external legislation (Cat Act 2011, Dog Act 1976, Local Government Act 1995, Road Traffic Code 2000, Planning and Development Act 2005)","47+ defined terms in the Parking Local Law alone, many incorporating definitions from other statutes","Nested conditional logic throughout (e.g., 'unless the context otherwise requires', 'subject to subclause (2)', 'notwithstanding anything to the contrary')","Multiple Schedules with detailed technical specifications (kennel construction requirements in Dogs Local Law Schedule 2; 82-item offence table in Parking Local Law Schedule 1; standard forms in Parking Local Law Schedule 2)","Complex measurement requirements (e.g., kennel floor area calculations based on dog breed length squared multiplied by 2.5; parking distances measured in metres from various features)","Exceptions to exceptions (e.g., general parking prohibitions with exemptions for disability permit holders, which themselves have conditions)","Overlapping application clauses (Parking Local Law has both clause 1.2 and 1.7 dealing with application to non-council facilities)"],"plain_english_summary":"This is a set of four local laws made by the Shire of Carnarvon (a local council in Western Australia) in 2021, published together in the Government Gazette. They replace older bylaws and regulate everyday community matters:\n\n**1. Cats Local Law 2021**\n- **What it does:** Limits how many cats you can keep on residential property (maximum 3 cats over 6 months old) and sets rules for people who want to keep more cats than this limit.\n- **Who it affects:** Cat owners in the Shire of Carnarvon.\n- **Key points:**\n  - You can apply for approval to keep extra cats, but the council will check things like fencing, space, and whether the cats might annoy neighbours.\n  - If you get approval, you must follow conditions (like keeping fences secure).\n  - Breaking these rules can result in fines between $1,000 and $5,000.\n  - The law also covers renewing, transferring, or cancelling approvals.\n\n**2. Dogs Local Law 2021**\n- **What it does:** Sets rules for keeping dogs, including fencing requirements and limits on numbers (maximum 2 dogs over 3 months old per property, unless you run a licensed kennel).\n- **Who it affects:** Dog owners and people who want to run boarding kennels.\n- **Key points:**\n  - Dogs must be properly fenced in so they can't escape.\n  - To run a commercial kennel, you need a licence with strict conditions about kennel size, cleanliness, and location (e.g., kennels must be certain distances from boundaries and neighbours).\n  - There are fines for letting dogs roam or for not cleaning up after them in public.\n\n**3. Health Amendment Local Law 2021**\n- **What it does:** Makes two small changes to the existing Health Local Laws 1997.\n- **Changes:**\n  - Fixes a grammatical error in a clause about keeping animals (adding the word \"not\").\n  - Removes an exception that allowed registered homing pigeons to be released for exercise.\n  - Adds a new rule: you cannot release pigeons in the district unless you own or occupy property there.\n\n**4. Parking Local Law 2021**\n- **What it does:** Comprehensive rules about where and how you can park vehicles throughout the Shire.\n- **Who it affects:** Anyone driving or parking a vehicle in Carnarvon.\n- **Key points:**\n  - Covers paid parking (meters), parking stations, and street parking.\n  - Sets specific rules about parking distances from intersections, fire hydrants, bus stops, and crossings.\n  - Includes special zones (loading zones, taxi zones, bus zones) with specific restrictions.\n  - Provides for residential parking permits for people who live in areas with time-limited parking.\n  - Lists 82 specific parking offences (mostly $100 fines) including parking on verges, double parking, and parking in disabled spots without a permit.\n  - Includes standard forms for infringement notices and warnings."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"These instruments repeal earlier local by-laws and replace them with updated, more prescriptive regimes. Cats and Dogs laws set explicit numeric limits and formal approval/licence processes (Cats 1.3; 2.3–2.9; Dogs 1.2; 2.2; 3.2–3.13). The Health Amendment narrows who may release pigeons (new clause 73A). The Parking Local Law expands and modernises parking regulation across the district, introduces metered zones, residential permits and a comprehensive infringement scheme (Parking 1.4; 1.2; 2.1; 8.1–8.3; Part 10). These changes shift compliance costs onto pet owners, kennel operators, drivers and land occupiers and increase local government administrative discretion."},"complexity_factors":["Multiple subject-matters combined into one instrument (cats, dogs, health amendment, comprehensive parking controls) increasing cross-administration (Cats Part 1–3; Dogs Part 1–5; Parking Parts 1–10).","Heavy cross-references to State Acts and Regulations (Cat Act 2011, Dog Act 1976, Local Government Act 1995, Road Traffic Code 2000, various Regulations) which import external definitions and procedures (see Cats 1.4(2); Dogs 1.3; Parking 1.5).","Layered approval/licence regimes with fees, renewals, transfers, conditions and review rights that create administrative burden (Cats 2.4–2.9; Dogs 3.2–3.15; Parking 8.1–8.3).","Significant local discretion for the local government, CEO and authorised persons to determine conditions, vary/cancel approvals and make parking resolutions (Cats 2.5–2.6; Dogs 3.6–3.13; Parking 1.10; 2.1; 3.1).","Detailed technical standards and prescriptive construction/operational requirements (approved kennel conditions in Dogs Schedule 2) raising compliance costs for operators.","Extensive enforcement architecture: prescribed offences, modified penalties, infringement notice forms and review paths (Cats 3.1; Dogs Part 5 & Schedule 3; Parking Part 10 & Schedule 1–2).","Multiple exceptions, exemptions and agreements (parking law applying to private facilities only by written agreement; health amendment carving out pigeon-release exceptions) increase interpretive complexity (Parking 1.2; Health Amendment clauses 4–6).","Numerous numerical limits and spatial rules for parking (metered spaces, stall geometry, distance limits around stops/crossings) requiring precise implementation and signage (Parking Parts 2–7)."],"plain_english_summary":"This package contains the Shire of Carnarvon’s Cats Local Law 2021, Dogs Local Law 2021, a Health Amendment (pigeons) and the Parking Local Law 2021. It sets numeric limits, approval and licence processes, technical standards and offences for keeping cats and dogs, restricts who may release pigeons in the district, and creates a detailed parking regime (metered zones, stalls, permits, signs and fines). It affects pet owners, kennel operators, drivers, land occupiers and businesses by creating permit fees, compliance duties and penalties."}},"importantCases":[],"_links":{"self":"/api/acts/parking-local-law-2021","history":"/api/acts/parking-local-law-2021/history","analysis":"/api/acts/parking-local-law-2021/analysis","conflicts":"/api/acts/parking-local-law-2021/conflicts","importantCases":"/api/acts/parking-local-law-2021/important-cases","documents":"/api/acts/parking-local-law-2021/documents"}}