{"id":"wa-local:cambridge-town-of-private-property-amendment-local-law-2017","name":"Private Property Amendment Local Law 2017","slug":"private-property-amendment-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437353,"registerId":"wa-local:cambridge-town-of-private-property-amendment-local-law-2017-pdf-1775954220859","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"12","sectionType":"section","heading":"January 2018 GOVERNMENT GAZETTE, WA 149","content":"12 January 2018 GOVERNMENT GAZETTE, WA 149\nLOCAL GOVERNMENT AND PUBLIC PROPERTY\nLOCAL LAW 2017\nCONTENTS\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1.3 Purpose and Effect\n1.4 Repeal\n1.5 Application\n1.6 Definitions\n1.7 Interpretation\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY AND","content":"PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY AND\nBUILDINGS\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Determinations","content":"Division 1—Determinations\n2.1 Determinations as to use of local government property and buildings\n2.2 Procedure for making a determination\n2.3 Discretion to erect sign\n2.4 Determination to be complied with\n2.5 Register of determinations\n2.6 Amendment or revocation of a determination\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Activities which may be pursued or prohibited under a determination","content":"Division 2—Activities which may be pursued or prohibited under a determination\n2.7 Activities which may be pursued on specified local government property and buildings\n2.8 Activities which may be prohibited on specified local government property and buildings\n2.9 Signs taken to be determinations\nPART 3—PERMITS\nDivision 1—Preliminary\n3.1 Application of Part\nDivision 2—Applying for a permit\n3.2 Application for permit\n3.3 Decision on application for permit\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Conditions","content":"Division 3—Conditions\n3.4 Conditions which may be imposed on a permit\n3.5 Imposing conditions under a policy\n3.6 Compliance with and variation of conditions\n\n","sortOrder":5},{"sectionNumber":"150","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"150 GOVERNMENT GAZETTE, WA 12 January 2018\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"General","content":"Division 4—General\n3.7 Duration of permit\n3.8 Renewal of permit\n3.9 Transfer of permit\n3.10 Production of permit\n3.11 Cancellation of permit\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"When a permit is required","content":"Division 5—When a permit is required\n3.12 Activities needing a permit\n3.13 Permit required to camp outside a facility\n3.14 Permit required for possession and consumption of liquor\nDivision 6—Responsibilities of permit holder\n3.15 Responsibilities of permit holder\nPART 4—BEHAVIOUR ON LOCAL GOVERNMENT PROPERTY AND BUILDINGS\nDivision 1—Behaviour on and interference with local government property and buildings\n4.1 Personal behaviour\n4.2 Only specified gender to use entry of toilet block or change room\n4.3 Decency and adequate clothing\n4.4 Behaviour detrimental to property\n4.5 Taking or injuring any fauna\n4.6 Removal or cultivation of flora\n4.7 Intoxicated persons not to enter local government property or buildings\n4.8 No prohibited drugs\nDivision 2—Signs\n4.9 Signs\nPART 5—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\nDivision 1—Community facilities\n5.1 Interpretation\n5.2 Direction of manager or Authorised Person to be observed\n5.3 Responsibilities of users of a community facility\nDivision 2—Beaches, Dunes and Groynes\n5.4 Interpretation\n5.5 Sand dune protection\n5.6 Boat launching\n5.7 Powers and activities of Authorised Persons and surf life saving members\n5.8 Identification of life saving patrol\n5.9 Compliance with signs and directions\n5.10 Fishing\n5.11 Surfboards and boats\nDivision 3—Fenced or closed property\n5.12 No entry to fenced or closed local government property\nDivision 4—Golf course\n5.13 Interpretation\n5.14 Observance of ordinary and special conditions of play\n5.15 Controller’s approval required\n5.16 Direction of controller or Authorised Person to be observed\n5.17 Inspection of authorisation\n5.18 Use of vehicles and equipment\nDivision 5—Awnings, Verandahs and Balconies over Local Government Property\n5.19 Interpretation\n5.20 Approval to erect or maintain\n5.21 Projection over local government property\n5.22 Height above local government property\n5.23 Maintenance and public safety\n\n12 January 2018 GOVERNMENT GAZETTE, WA 151\n","sortOrder":8},{"sectionNumber":"Part 6","sectionType":"part","heading":"FEES FOR ENTRY ON TO LOCAL GOVERNMENT PROPERTY AND BUILDINGS","content":"PART 6—FEES FOR ENTRY ON TO LOCAL GOVERNMENT PROPERTY AND BUILDINGS\n6.1 Payment of applicable fees\n6.2 No unauthorised entry to function\n6.3 Determination of fees and charges\n","sortOrder":9},{"sectionNumber":"Part 7","sectionType":"part","heading":"OBSTRUCTING VEHICLES AND SHOPPING TROLLEYS","content":"PART 7—OBSTRUCTING VEHICLES AND SHOPPING TROLLEYS\n7.1 Interpretation\n7.2 Leaving vehicle in public place or on local government property\n7.3 Name of owner of shopping trolley\n7.4 Shopping trolleys in public places\n7.5 Shopping trolley to be removed by owner\n7.6 Impounding of shopping trolley\n","sortOrder":10},{"sectionNumber":"Part 8","sectionType":"part","heading":"SECURE SUM","content":"PART 8—SECURE SUM\n8.1 Security for restoration and reinstatement\n8.2 Use by local government of secure sum\nPART 9—WORKS IN THOROUGHFARES\nDivision 1—General\n9.1 Works in public property\nDivision 2—Verges\n9.2 Verge treatment\n9.3 Permissible verge treatments\n9.4 Obligations of owners or occupiers for verge treatments\n9.5 Enforcement\n9.6 Power to carry out public works on a verge\n9.7 Transitional provision\nDivision 4—Vehicle crossings\n9.8 Vehicle crossing treatment\n9.9 Vehicle crossings\n9.10 Contribution towards construction of a vehicle crossing\n9.11 Temporary vehicle crossings\n9.12 Removal of redundant vehicle crossings\nDivision 5 Protection of footpaths, verges and street trees\n9.13 Footpath and verge protection\n9.14 Street tree protection\nPART 10—ACTIVITIES IN LOCAL GOVERNMENT AND PUBLIC PLACES\n10.1 General prohibitions\nPART 11—NOTICES\nDivision 1—Notices\n11.1 Notice to redirect or repair sprinkler\n11.2 Plants encroaching over a footpath, thoroughfare or local government property\n11.3 Notice to repair damage to thoroughfare\n11.4 Notice to remove thing unlawfully placed on thoroughfare\n11.5 Failing to comply with a notice\nDivision 2—Right of Appeal and Review\n11.6 Application of Division 1, Part 9 of the Act\n","sortOrder":11},{"sectionNumber":"Part 12","sectionType":"part","heading":"MISCELLANEOUS","content":"PART 12—MISCELLANEOUS\n12.1 Persons may be directed to leave local government property or building\n12.2 Disposal of lost property\n12.3 Impounding of goods and recovery of expenses\n12.4 Liability for damage to local government property or building\n12.5 Public liability insurance and indemnity\n\n152 GOVERNMENT GAZETTE, WA 12 January 2018\nPART 13—ENFORCEMENT\nDivision 1—Notices given under this local law\n13.1 Offence to fail to comply with notice\n13.2 Local government may undertake requirements of notice\nDivision 2—Offences and penalties\n13.3 Offences and penalties\n13.4 Modified penalties\n13.5 Form of Notices\nDivision 3—Evidence in legal proceedings\n13.6 Evidence of a determination\nSCHEDULE 1—PRESCRIBED OFFENCES\n\n12 January 2018 GOVERNMENT GAZETTE, WA 153\nLOCAL GOVERNMENT AND PUBLIC PROPERTY\nLOCAL LAW 2017\nUnder the powers conferred by the Local Government Act 1995 and all other powers enabling it, the\nCouncil of the Town of Cambridge resolved on 19 December 2017 to make the following local law.\nPART 1—PRELIMINARY\nThis is the Town of Cambridge Local Government and Public Property Local Law 2017.\nThis local law comes into operation 14 days after the date of publication in the Government Gazette.\n1.3 Purpose and Effect\n(1) The purpose of this local law is to provide for the regulation, control and management of activities\nand facilities on local government and public property within the district.\n(2) The effect of this local law is to establish the requirements with which any persons using or being\non local government and public property within the district must comply.\n1.4 Repeal\n(1) The Town of Cambridge Local Government and Public Property Local Law published in the\nGovernment Gazette on 22 March 2002 and all amendments thereto are hereby repealed on the day\nthis local law comes into operation.\n(2) Where a policy was made or adopted by the local government under, or in relation to, a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement day.\n(3) The Council may resolve that notwithstanding subclause (2), specified policies continue, or are to\nbe taken to have continued, to have effect on and from the commencement day.\n1.5 Application\n(1) This local law applies—\n(a) throughout the district; and\n(b) to the area bounded by the low water mark of the Indian Ocean and extending for a distance\nof 200m seawards from its western boundary of the district.\n(2) Notwithstanding anything to the contrary in this local law, the local government may—\n(a) hire local government property to any person; or\n(b) enter into an agreement with any person regarding the use of any local government property.\n1.6 Definitions\n(1) In this local law unless the context requires otherwise—\nAct means the Local Government Act 1995;\nadjacent owner means the owner of any property or lot adjoining a street verge which is subject\nto a verge treatment;\naircraft means any machine or device, with or without an engine, capable of flight and incudes\nan aeroplane, helicopter, airship, glider, helicopter, gyroplane or balloon;\napplicant means a person who applies for a permit;\napplication means an application for a permit or a licence;\nappointed place means a place or piece of land appointed by the local government or CEO\nwhere anything confiscated or impounded under the provisions of this local law, may be held\nin custody;\narticle, in respect to lost property, includes money;\n\n","sortOrder":12},{"sectionNumber":"154","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"154 GOVERNMENT GAZETTE, WA 12 January 2018\nartificial grass is a material comprising of synthetic fibres made to look like natural grass or\nlawn;\nAuthorised Person means a person appointed by the local government under section 9.10 of the\nAct to perform any of the functions of an Authorised Person under this local law and any\nmember of the Western Australian Police;\nbathing means the act of entering the sea, a swimming pool, or other water body, to swim or use\na bathing appliance and includes the act of emerging therefrom;\nbathing appliance means any device, toy or equipment used to or assist a person in swimming\nor moving in or across the water, and includes an inflatable toy or similar device;\nbicycle has the meaning given to it by the Road Traffic Code 2000;\nboat means any structure or vessel, including personal water craft, whether motorised or not and\nmade or used to travel or float on water or travel under water;\nbuilding means any roofed structure enclosing space and intended for use as shelter (for people,\nanimals or property) or for recreational, commercial or industrial purposes and includes any\npart of a building;\nbulk rubbish container means a bin or container designed or used for holding a substantial\nquantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does\nnot include a bin or container used in connection with the local government’s regular\ndomestic rubbish collection service;\ncarer means a person who provides care and support to a family member, friend or other person\nwho has a disability, mental or physical illness, chronic condition, terminal illness or who is\nfrail aged;\ncarriageway has the meaning given to it by the Road Traffic Code 2000;\nCEO means the Chief Executive Officer of the Town of Cambridge or the Officer who, for the time\nbeing, is acting in that capacity;\ncommencement day means the day on which this local law comes into operation;\ncommunity facility means a facility owned or under the care, control or management of the local\ngovernment for the benefit of the public, such as a hall, public swimming pool, library,\nrecreation centre, child care centre, infant welfare centre, aged persons centre and the like;\nCouncil means the Council of the Town of Cambridge;\ncrossing means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\ndate of publication means, where local public notice is required to be given of a matter under\nthis local law, the date on which notice of the matter is published in a newspaper circulating\ngenerally throughout the district;\ndecency means the wearing of proper and adequate clothing for the occasion, so as to prevent\nindecent exposure;\ndetermination means a determination made under clause 2.1;\ndistrict means the district of the Town of Cambridge;\ndrip line in relation to a street tree means the area of land under the perimeter of a street tree\ncanopy;\nfence means any artificially created barrier whether temporary or permanent including post and\nrails, chain, metal, wire or pipe;\nfireworks means a device such as a catherine wheel, a roman candle, a rocket or the like, in\nwhich combustible materials are ignited and produce coloured smoke, flames, and sometimes\nan explosion or bang;\nfireworks display means a show of a number of fireworks, on occasion set off over a\npre-arranged period, for the purpose of providing enjoyment or entertainment to those\npersons able to view them;\nfootpath has the meaning given to it by the Road Traffic Code 2000;\nfunction means an event or activity characterised by all or any of the following—\n(a) formal organisation and preparation;\n(b) its occurrence is generally advertised or notified in writing to particular persons;\n(c) organisation by or on behalf of a club;\n(d) payment of a fee to attend it; and\n(e) systematic recurrence in relation to the day, time and place;\ngarden means any part of a street or thoroughfare planted, developed or treated, otherwise than\nas a lawn, with one or more plants;\nintersection has the meaning given to it by the Road Traffic Code 2000;\nkerb means any structure, mark, marking or device to delineate the edge of a carriageway;\nlawn means any part of a thoroughfare which is planted only with grass, or with a similar plant,\nbut will include any other plant provided that it has been planted by the local government;\nliquor has the same meaning as is given to it in the Liquor Control Act 1988;\n\n12 January 2018 GOVERNMENT GAZETTE, WA 155\nlocal government means the Town of Cambridge;\nlocal government building means any structure, hall or room, and any corridor, stairway, or\nannex therein or thereto attached, and includes all plumbing, electrical installations, fixtures,\nfittings, furniture, and any other contents, owned or under the care, control or management\nof the local government;\nlocal government property means anything which belongs to, is owned by or is under the care,\ncontrol or management of the local government, and includes any flora and fauna thereon;\nlot has the meaning given to it in the Planning 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 nuisance;\nobstruct means to hinder in passing and obstruction has correlative meaning;\noccupier has the meaning given to it in the Act;\nowner has the meaning given to it in the Act;\npermissible verge treatment means any one of the treatments described in clause 9.3 and\nincludes any associated reticulation pipes and sprinklers;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\nperson means any person, company, public body, association or body of persons corporate or\nunincorporated and includes an owner, occupier, licensee and permit holder, but does not\ninclude the local government;\nprivate property means any land that—\n(a) has a separate certificate of title; and\n(b) is in private ownership or is the subject of a lease or agreement with a person enabling its\nuse for private purposes,\nand includes any building or structure on the land;\nprohibited drug has the meaning given to it by the Misuse of Drugs Act 1981;\npublic place means any thoroughfare or place which the public are allowed to use, whether the\nthoroughfare or place is or is not on private property and includes parklands, squares,\nreserves, beaches, and other lands set apart for the use and enjoyment of the public, including\nall lands which belong to or which are vested in, or are under the control or management of,\nthe local government;\npublic property means any real property, land, lot, or reserve which is open and available for\nuse by the public for public purposes, whether through payment of a fee or not, and includes\nany building, structure, flora or fauna thereon;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nreserve means any land—\n(a) which belongs to the local government that is zoned as and, used for, recreational\npurposes;\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 the meaning of section 3.53 of the Act;\nSchedule means a Schedule to this local law;\nsign includes a notice, flag, mark, structure or device approved by the local government on which\nmay be shown words, numbers, expressions or symbols;\nstreet means any highway, thoroughfare or land used for vehicular or pedestrian traffic, and\nincludes all the land lying between property lines, including the verge and footpath;\nstreet tree means a tree planted or self sown in the street, of an appropriate species and in an\nappropriate location, for the purposes of contributing to the streetscape;\ntree means a woody perennial plant generally having a single stem or trunk which will grow to a\nheight of approximately 2m or higher;\nthoroughfare means any street, way, or place that is designed and used for the passage of\nvehicles, and includes the shoulders and embayments at the side or centre of the\nthoroughfare used for the parking of vehicles;\ntrading means the selling or hiring, or the offering for sale or hire of goods or services, and\nincludes displaying goods for the purpose of—\n(a) offering them for sale or hire;\n(b) inviting offers for their sale or hire;\n(c) soliciting orders for them; or\n(d) carrying out any other transaction in relation to them;\n\n","sortOrder":13},{"sectionNumber":"156","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"156 GOVERNMENT GAZETTE, WA 12 January 2018\nvalid, in relation to a permit issued under this local law, means current and for which all the\nassociated fees have been paid in full or have been waived by the local government;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise; and\n(b) an animal being ridden or driven, but excludes—\n(i) a wheel-chair or any device designed for use by physically impaired persons;\n(ii) a pram, a stroller or similar device;\n(iii) a boat; and\n(iv) a shopping trolley;\nvehicle crossing specification means the design details, measurements and materials,\napproved by the local government as the standard vehicle crossing, which when first\nconstructed on any land in the district, will be eligible for a subsidy from the local\ngovernment;\nverge means that portion of land that lies between the front of a property and the edge of the\nthoroughfare, and between imaginary lines extended at a 90 degree angle with the\nthoroughfare from the edge of the thoroughfare to meet the side boundaries at the front of the\nwritten law has the same meaning given to it by section 5 of the Interpretation Act 1984 and\nincludes this local law; and\nzoned means zoned under a town planning scheme of the local government.\n(2) Any other expression used in this local law and not defined herein must have the meaning given to\nit in the Local Government Act 1995, the Local Government (Miscellaneous Provisions) Act 1960,\nBuilding Act 2011 and the Glossary of Building Terms published by Standards Australia, unless the\ncontext requires otherwise.\n1.7 Interpretation\nIn this local law unless the context requires otherwise a reference to—\n(a) local government property includes a reference to any part of that local government property;\nand\n(b) an activity on local government property, local government building or reserve includes a\nreference to the activity in the airspace above the local government property, local\ngovernment building or reserve.\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY AND\nBUILDINGS\nDivision 1—Determinations\n2.1 Determinations as to use of local government property and buildings\n(1) The local government may make a determination in accordance with clause 2.2—\n(a) setting aside specified local government property and buildings for the pursuit of all or any of\nthe activities referred to in clause 2.7;\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on\nspecified local government property;\n(c) as to the matters in clauses 2.7(2) and 2.8(2); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\n(2) The determinations—\n(a) are to be taken to have been made in accordance with clause 2.2;\n(b) may be amended or revoked in accordance with clause 2.6; and\n(c) have effect on the commencement day.\n2.2 Procedure for making a determination\n(1) The local government is to give local public notice of its intention to make a determination.\n(2) The local public notice referred to in subclause (1) is to state that—\n(a) the local government intends to make a determination, the purpose and effect of which is\nsummarised in the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the\nlocal government; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(3) If no submissions are received in accordance with subclause (2)(c), the local government is to\ndecide to—\n(a) give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) amend the proposed determination, in which case subclause (5) will apply; or\n(c) not continue with the proposed determination.\n\n12 January 2018 GOVERNMENT GAZETTE, WA 157\n(4) If submissions are received in accordance with subclause (2)(c), the local government is to—\n(a) consider those submissions; and\n(b) decide—\n(i) whether or not to amend the proposed determination; or\n(ii) not to continue with the proposed determination.\n(5) If the local government decides to amend the proposed determination, it is to give local public\nnotice—\n(a) of the effect of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the local government decides not to amend the proposed determination, it is to give local public\nnotice that the proposed determination has effect as a determination on and from the date of\npublication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication\nof the local public notice referred to in subclauses (3), (5) and (6).\n(8) A decision under subclause (3) or (4) is not to be delegated by the local government.\n2.3 Discretion to erect sign\nThe local government may erect a sign on any local government property or building to give notice of\nthe effect of a determination which applies to that property.\n2.4 Determination to be complied with\nA person must comply with a determination.\n2.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for\nthat purpose the register is to be taken to be information within section 5.94(u)(i) of the Act.\n2.6 Amendment or revocation of a determination\n(1) The Council may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the Council revokes a determination, it is to give local public notice of the revocation and the\ndetermination is to cease to have effect on the date of publication.\nDivision 2—Activities which may be pursued or prohibited under a determination\n2.7 Activities which may be pursued on specified local government property and buildings\n(1) This local law is subject to any written law and law of the Commonwealth about assistance\nanimals as defined in the Disability Discrimination Act 1992 (Cth) section 9(2).\n(2) A determination may provide that specified local government property, local government building\nor reserve, or a portion thereof, is set aside as an area on which a person may—\n(a) bring, ride or drive an animal;\n(b) take, ride or drive a vehicle, or a particular class of vehicle;\n(c) use, launch or fly a kite, motorized model aeroplanes, gliders, or rockets that are propelled by\nmechanical, hydraulic, combustion or pyrotechnic means;\n(d) use a children’s playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age;\n(e) launch, beach, use or leave a boat, a particular class of boat or a personal watercraft;\n(f) land or launch a balloon, aircraft, helicopter; hang glider or parachute;\n(g) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or\nnot in specified areas of that local government property;\n(h) play or practice—\n(i) golf or archery;\n(ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms\nAct 1973; or\n(iii) similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\n(i) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; or\n(j) wear no clothing.\n\n","sortOrder":14},{"sectionNumber":"158","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"158 GOVERNMENT GAZETTE, WA 12 January 2018\n(3) A determination may specify the extent to which and the manner in which an activity referred to\nin subclause (1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued;\n(b) that an activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is to be taken to be prohibited on all local government property other than\nthat specified in the determination;\n(d) may limit the activity to a class of vehicles, boats, equipment or things, or may extend it to all\nvehicles, boats, equipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\n2.8 Activities which may be prohibited on specified local government property and\nbuildings\n(1) A determination may provide that a person is prohibited from pursuing all or any of the following\nactivities on specified local government property and buildings—\n(a) smoking on premises;\n(b) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device;\n(c) use, launch or fly a kite, motorized model aeroplanes, gliders or rockets that are propelled by\nmechanical, hydraulic, combustion or pyrotechnic means;\n(e) taking, riding or driving a vehicle or a particular class of vehicle on the property;\n(f) riding or driving a vehicle of a particular class or any vehicle above a specified speed;\n(g) taking or using a boat, a particular class of boat or a personal watercraft;\n(h) land or launch a balloon, aircraft, helicopter, hang glider or parachute;\n(i) the playing or practice of—\n(i) golf, archery, pistol shooting or rifle shooting; or\n(ii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\n(j) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; or\n(k) the traversing of sand dunes or land which in the opinion of the local government has\nenvironmental value warranting such protection, either absolutely or except by paths\nprovided for that purpose.\n(2) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in subclause (1) and, in particular—\n(a) the days and times during which the activity is prohibited;\n(b) that an activity is prohibited on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is prohibited in respect of a class of vehicles, boats, equipment or things, or\nall vehicles, boats, equipment or things;\n(d) that an activity is prohibited in respect of a class of persons or all persons; and\n(e) may distinguish between different classes of the activity.\n2.9 Signs taken to be determinations\n(1) Where a sign erected on local government property has been erected under a local law of the local\ngovernment repealed by this local law, then it is to be taken to be and have effect as a determination\non and from the commencement day, except to the extent that the sign is inconsistent with any\nprovision of this local law or any determination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in subclause (1).\n","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"PERMITS","content":"PART 3—PERMITS\nDivision 1—Preliminary\n3.1 Application of Part\nThis Part does not apply to a person who uses or occupies local government property under a written\nagreement with the local government to do so.\nDivision 2—Applying for a permit\n3.2 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person must apply for the\npermit in accordance with subclause (2).\n\n12 January 2018 GOVERNMENT GAZETTE, WA 159\n(2) An application for a permit under this local law must—\n(a) be in the form determined by the local government;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\n(d) be forwarded to the local government together with any fee imposed and determined by the\nlocal government under and in accordance with sections 6.16 to 6.19 of the Act.\n(3) The local government may require an applicant to provide additional information reasonably\nrelated to an application before determining an application for a permit.\n(4) The local government may require an applicant to give local public notice of the application for a\npermit.\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n3.3 Decision on application for permit\n(1) The local government may—\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant, a\npermit in the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\nthat refusal to the applicant.\nDivision 3—Conditions\n3.4 Conditions which may be imposed on a permit\n(1) Without limiting the generality of clause 3.3(1)(a), the local government may approve an\napplication for a permit subject to conditions relating to—\n(a) the payment of fees and charges;\n(b) compliance with a standard or a policy of the local government adopted by the local\ngovernment;\n(c) the duration and commencement of the permit;\n(d) the commencement of the permit being contingent on the happening of an event;\n(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(f) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(g) the area of the district to which the permit applies;\n(h) where a permit is issued for an activity which will or may cause damage to local government\nproperty, the payment of a deposit or secure sum against such damage; and\n(i) the obtaining of public liability insurance in an amount and on terms reasonably required by\nthe local government.\n(2) Without limiting clause 3.3(1)(a) and subclause (1), the following paragraphs indicate the type and\ncontent of the conditions on which a permit to hire local government property may be issued—\n(a) when fees and charges are to be paid;\n(b) payment of a bond or secure sum against possible damage or cleaning expenses or both;\n(c) restrictions on the erection of material or external decorations;\n(d) rules about the use of furniture, plant and effects;\n(e) limitations on the number of persons who may attend any function in or on local government\n(f) the duration of the hire;\n(g) the right of the local government to cancel a booking during the course of an annual or\nseasonal booking, if the local government sees fit;\n(h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first\nobtained for that purpose under the Liquor Control Act 1988;\n(i) whether or not the hire is for the exclusive use of the local government property;\n(j) in accordance with clause 12.5, the obtaining of a policy of insurance in the names of the\nhirer, indemnifying the local government in respect of any injury to any person or any\ndamage to any property which may occur in connection with the hire of the local government\nproperty by the hirer; and\n(k) the provision of an indemnity from the hirer, indemnifying the local government in respect of\nany injury to any person or any damage to any property which may occur in connection with\nthe hire of the local government property by the hirer.\n\n","sortOrder":16},{"sectionNumber":"160","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"160 GOVERNMENT GAZETTE, WA 12 January 2018\n3.5 Imposing conditions under a policy\npolicy means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 3.3(1)(a).\n(2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government must give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 3.3(2).\n(4) An application for a permit must be deemed not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act must apply to a policy and for that purpose a policy must be\ndeemed to be information within section 5.94(u)(i) of the Act.\n3.6 Compliance with and variation of conditions\n(1) Where an application for a permit has been approved subject to conditions, the permit holder must\ncomply with each of those conditions.\n(2) The local government may vary the conditions of a permit, and the permit holder must comply\nwith those conditions as varied.\nDivision 4—General\n3.7 Duration of permit\nA permit is valid for one year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the permit; or\n(b) cancelled under clause 3.11.\n3.8 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of this Part must apply to an application for the renewal of a permit with all\nnecessary changes as required.\n3.9 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(d) be forwarded to the local government together with any fee imposed and determined by the\nlocal government under, and in accordance with, sections 6.16 to 6.19 of the Act.\n(2) The local government may approve an application for the transfer of a permit, refuse to approve it\nor approve it subject to any conditions.\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by an endorsement on the permit signed by an Authorised Person.\n(4) Where the local government approves the transfer of a permit, it is not required to refund any part\nof any fee paid by the former permit holder.\n3.10 Production of permit\nA permit holder is to produce to an Authorised Person their permit immediately upon being required\nto do so by that Authorised Person.\n3.11 Cancellation of permit\n(1) Subject to clause 11.6, a permit may be cancelled by the local government if the permit holder has\nnot complied with a—\n(a) condition of the permit; or\n(b) determination or a provision of any written law which may relate to the activity regulated by\nthe permit.\n(2) On the cancellation of a permit the permit holder—\n(a) must return the permit as soon as practicable to the local government; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\nDivision 5—When a permit is required\n3.12 Activities needing a permit\n(1) A person must not without a permit—\n(a) subject to subclause 3, hire local government property or building;\n\n12 January 2018 GOVERNMENT GAZETTE, WA 161\n(b) advertise anything by any means on local government property or building;\n(c) erect a structure for public amusement or for any performance, whether for gain or otherwise,\non local government property;\n(d) teach, coach or train, for profit, any person in a pool area or an indoor recreation facility\nwhich is local government property;\n(e) plant any plant, or sow any seeds, on local government property;\n(f) carry on any trading on local government property unless the trading is conducted—\n(i) with the consent of a person who holds a permit to conduct a function, and where the\ntrading is carried on in accordance with the permit; or\n(ii) by a person who has a licence or permit to carry on trading on local government\nproperty under any written law;\n(g) unless that person is an employee of the local government in the course of their duties or on\nan area set aside for that purpose—\n(i) drive or ride or take any vehicle on to local government property;\n(ii) park or stand any vehicle on local government property; or\n(iii) land on, or take-off from local government property in an aircraft;\n(h) conduct a function, public gathering or market on local government property;\n(i) charge any person for entry to local government property, unless the charge is for entry to\nland or a building hired by a voluntary non-profit organisation;\n(j) light a fire on local government property except in a facility provided by the local government\nfor that purpose;\n(k) parachute, hang glide, abseil or base jump from or on to local government property;\n(l) erect a building site on local government property;\n(m) make any excavation on local government property or dig or otherwise create a trench\nthrough or under a kerb or footpath;\n(n) erect or install any structure above or below ground, which is local government property, for\nthe purpose of supplying any water, power, sewer, communication, television or similar\nservice to a person;\n(o) depasture any horse, sheep, cattle, goat, camel, ass, mule or other large animal on local\ngovernment property;\n(p) light or set off any fireworks or conduct a fireworks display;\n(q) erect, install, operate or use any broadcasting. public address system, loudspeaker or sound\namplification equipment or apparatus on local government property;\n(r) carry out any works in a street, thoroughfare or other public place, including but not limited\nto—\n(i) permissible verge treatments; or\n(ii) vehicle crossings;\n(s) unless installing a permissible verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n(ii) place or install any thing on any part of a street or thoroughfare, and without limiting\nthe generality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs,\nblocks, bricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust;\n(t) remove any fence on local government property;\n(u) cause any obstruction to a water channel or a water course in a street;\n(v) throw, place or drain offensive, noxious or dangerous fluid onto a street;\n(w) fell any tree onto a street;\n(x) provide, erect, install or use in or on any building, structure or land abutting on a street or\nthoroughfare any hoist or other thing for use over the street or thoroughfare;\n(y) cause an obstruction to a vehicle or a person using a street;\n(z) interfere with the soil of, or anything in a street or take anything from a street;\n(aa) use a verge, street or thoroughfare for storage of items or materials whilst works are being\nundertaken on private property adjacent to the verge;\n(bb) place or cause to be placed on a street a bulk rubbish container; or\n(cc) take photographs or film on local government property for commercial gain or reward.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n(3) The local government may exempt specified local government property or a class of local\ngovernment property from the application of subclause (1)(a).\n3.13 Permit required to camp outside a facility\nfacility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping\nGrounds Act 1995.\n\n","sortOrder":17},{"sectionNumber":"162","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"162 GOVERNMENT GAZETTE, WA 12 January 2018\n(2) A person must not without a permit—\n(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local\ngovernment property; or\n(b) erect any tent, camp, hut or similar structure on local government property other than a\nbeach shade or windbreak erected for use during the hours of daylight and which is\ndismantled during those hours on the same day.\n(3) The maximum period for which the local government may approve an application for a permit in\nrespect of paragraph (a) or (b) of subclause (2) is that provided in regulation 11(2)(a) of the Caravan\nParks and Camping Grounds Regulations 1997.\n3.14 Permit required for possession and consumption of liquor\n(1) A person, on local government property, must not consume any liquor or have in their possession\nor under their control any liquor, unless—\n(a) that is permitted under the Liquor Control Act 1988; and\n(b) a permit has been obtained for that purpose.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\n","sortOrder":18},{"sectionNumber":"Div 6","sectionType":"division","heading":"Responsibilities of permit holder","content":"Division 6—Responsibilities of permit holder\n3.15 Responsibilities of permit holder\nA holder of a permit must in respect of local government property to which the permit relates—\n(a) ensure that an Authorised Person has unobstructed access to the local government property\nfor the purpose of inspecting the property or enforcing any provision of this local law;\n(b) leave the local government property in a clean and tidy condition after its use;\n(c) ensure that the local government property is fully locked or secured after its use;\n(d) report any damage or defacement of the local government property to the local government;\nand\n(e) take all reasonable steps to prevent the consumption of any liquor on the local government\nproperty unless the permit allows it and a licence has been obtained under the Liquor Control\nAct 1988 for that purpose.\n","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"BEHAVIOUR ON LOCAL GOVERNMENT PROPERTY AND BUILDINGS","content":"PART 4—BEHAVIOUR ON LOCAL GOVERNMENT PROPERTY AND BUILDINGS\nDivision 1—Behaviour on and interference with local government property and buildings\n4.1 Personal behaviour\nA person must not in or on any local government property or building behave in a manner which—\n(a) is likely to cause injury to, or to interrupt, disturb, obstruct or interfere with the enjoyment of\na person who might use the property or building; or\n(b) causes injury to, or interrupts, disturbs, obstructs or interferes with the enjoyment of a\nperson using, or otherwise lawfully on the property or building.\n4.2 Only specified gender to use entry of toilet block or change room\n(1) Where a sign on a toilet block or change room specifies that a particular toilet block or change\nroom is to be used by—\n(a) females, then a person of the male gender must not use that toilet block or change room; or\n(b) males, then a person of the female gender must not use that toilet block or change room.\n(2) A person over the age of 6 years must not on any local government property, local government\nbuilding, reserve or other public place—\n(a) loiter outside or act in an unlawful manner, in any portion of a toilet block or change room; or\n(b) enter, or attempt to enter a cubicle or compartment of a toilet block or change room which is\nalready occupied or in use.\n4.3 Decency and adequate clothing\nA person over the age of 6 years must not on any local government property, local government\nbuilding, reserve or other public place appear in public unless dressed in a bathing costume or other\nclothing which covers the body to prevent indecent exposure.\n4.4 Behaviour detrimental to property\n(1) A person must not behave in or on any local government property, local government building,\nreserve or other public place in a way which is or might be detrimental to the property.\n(2) In subclause (1)—\ndetrimental to the property includes—\n(a) removing any thing from local government property such as a sign, rock, plant, fixture,\nfitting, chattel or furniture provided for the use, enjoyment or safety of any person;\n(b) destroying, defacing or damaging any thing on the local government property, such as a\nsign, plant, tree, fixture, fitting, chattel or furniture provided for the use, enjoyment or\nsafety of any person or building; and\n(c) climbing on or over local government property.\n\n12 January 2018 GOVERNMENT GAZETTE, WA 163\n4.5 Taking or injuring any fauna\n(1) A person must not, on or above any local government property, local government building, reserve\nor other public place, unless that person is authorised under a written law to do so—\n(a) take, injure or kill or attempt to take, injure or kill any fauna; or\n(b) take on to, set or use or attempt to take on to, set or use any animal trap, bird trap, fish trap,\nnet or similar device.\n(2) In this clause—\nanimal means any living thing that is not a human being or plant; and\nfauna means any animal indigenous to or which periodically migrates to any State or Territory\nof the Commonwealth or the territorial waters of the Commonwealth and includes in relation\nto any such animal—\n(a) any class of animal or individual member;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur unless it has been discarded by the animal in a normal\nor natural manner.\n4.6 Removal or cultivation of flora\n(1) Unless authorised to do so under a written law or with the approval of the local government or an\nAuthorised Person, a person must not—\n(a) remove, damage or interfere with any flora that is on or above any local government property;\nor\n(b) cultivate, plant or deposit any flora on local government property.\n(2) In this clause—\nflora means all vascular plants, seeds and other flora, whether living or dead, other than plants\nrecognised as weeds.\n4.7 Intoxicated persons not to enter local government property or buildings\nA person must not enter or remain on any local government property, local government building,\nreserve or other public place while under the influence of liquor or a prohibited drug.\n4.8 No prohibited drugs\nA person must not take a prohibited drug on to, or consume or use a prohibited drug on any local\ngovernment property, local government building, reserve or other public place.\nDivision 2—Signs\n4.9 Signs\n(1) A local government may erect a sign on local government property or local government building\nspecifying any conditions of use which apply to that property or building.\n(2) A person must comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is—\n(a) not to be inconsistent with any provision of this local law or any determination; and\n(b) to be for the purpose of giving notice of the effect of a provision of this local law.\n","sortOrder":20},{"sectionNumber":"Part 5","sectionType":"part","heading":"MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY","content":"PART 5—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\nDivision 1—Community facilities\n5.1 Interpretation\nmanager means the person for the time being employed or engaged by the by the local\ngovernment to manage a pool premises or community facility and includes any assistant or\ndeputy; and\npool premises means the place or premises provided for the purpose of swimming or bathing and\nknown as Bold Park Aquatic constructed on part of the land being Lot 722, Plan 26685,\nCertificate of Title Volume 2038, Folio 24, and includes buildings, fences, gardens, car parks,\nstructures, fittings, fixtures, machinery, chattels, furniture and equipment forming part of\nthe swimming pool or used in connection with it.\n5.2 Direction of manager or Authorised Person to be observed\n(1) The manager or an Authorised Person must refuse admission to, may direct to leave or must\nremove or cause to be removed from the pool premises or community facility, any person who—\n(a) in their opinion is—\n(i) under the age of 10 years and who is unaccompanied by a responsible person 16 years\nor older; or\n(ii) suffering from any contagious, infectious or cutaneous disease or complaint, or is in an\nunclean condition; and\n(b) is to be refused admission under and in accordance with a decision of the local government for\nbreaching any clause of this local law.\n\n","sortOrder":21},{"sectionNumber":"164","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"164 GOVERNMENT GAZETTE, WA 12 January 2018\n(2) A person must, on being requested by the manager or an Authorised Person to leave the pool\npremises or community facility, do so immediately, quietly and peaceably.\n(3) The manager or an Authorised Person may temporarily suspend admission to, or remove from the\npool premises or community facility, or any part thereof, all or any person or persons, if in their\nopinion, such action is necessary or desirable.\n(4) At the discretion of the manager, the pool premises or community facility, or any part thereof, may\nat any time be set aside for the use of certain persons to the exclusion of others.\n5.3 Responsibilities of users of a community facility\nA person while in the pool premises or community facility must not—\n(a) smoke, consume foodstuffs or drinks in any specific area in which smoking or food\nconsumption is prohibited;\n(b) climb up or upon any roof, fence, wall or partition on the pool premises or community facility;\nor\n(c) whilst suffering from a contagious, infectious or cutaneous disease or whilst in an unclean\ncondition, enter or use or attempt to enter or use the pool premises or community facility.\nDivision 2—Beaches, Dunes and Groynes\n5.4 Interpretation\nbait means food, or other substance, used as a lure in fishing;\nbeach means and includes that part of the Indian Ocean foreshore area to the west of the\nwestern boundary of Challenger Drive and West Coast Highway;\nberley means any substance used for the attraction of fish;\nfish has the meaning given to it by section 4 of the Fish Resources Management Act 1994;\nfishing means to use any line, lure, rod or pot for the purpose of catching fish;\nfishing net means any fishing net other than a—\n(a) hand scoop or hand dip net;\n(b) prawn hand trawl net; or\n(c) complying drop net;\npatrolled area means any part of the beach which is for the time being under the supervision of\nmembers of the Surf Life Saving Association of Western Australia, a surf life saving club or\nan Authorised Person;\npersonal watercraft means any vessel designed for the transport of 1 or more persons that—\n(a) is propelled by means of an inboard motor powering a water jet pump; and\n(b) is designed to be steered by means of handlebars by a person sitting, standing or kneeling\non the vessel and not within it;\nsand board means a board or device used for sliding down a slope of land, and sand boarding has\na correlative meaning;\nshark means all sharks except those species identified as totally protected fish in Schedule 2\nPart 2 Division 2 of the Fish Resources Management Regulations 1995;\nsurfing appliance means any device, toy or equipment used to or assist a person in moving in or\nacross waves or the water surface, and includes a surfboard, boogey board, windsurfer, kite\nsurfer, wave ski, canoe, inflatable toy or similar device but not a boat;\nsurf life saving club means a lifesaving club affiliated with the Surf Life Saving Association of\nWestern Australia or any branch;\nsurf life saving equipment means any equipment or appliances for use in the provision of life\nsaving or for training of life saving club members in their duties;\nsurf life saving patrol means a patrol comprising such members of a surf life saving club as are\nappointed by that club from time to time to provide life saving services in a defined area and\nthe term includes an employee of the local government appointed as a beach patrol officer or\ninspector; and\nsurf patrol flag means a flag or notice erected at the limits of a bathing area to indicate the\nextremities of that patrolled area.\n5.5 Sand dune protection\n(a) use a sandboard or any other board or thing to slide down sand dunes;\n(b) take onto any sand dunes a sandboard or other thing used for sliding down sand dunes;\n(c) traverse sand dunes except along pathways designated by signs or fences for the purpose; or\n(d) unless authorised to do so in the course of their duties, or otherwise permitted by a sign, take\na vehicle of any kind onto any beach or sand dune.\n\n12 January 2018 GOVERNMENT GAZETTE, WA 165\n5.6 Boat launching\n(1) A person must not launch a boat into the sea other than at a boat launching ramp designed,\nconstructed and approved for the purpose, or from the beach where this activity is permitted and\ndesignated by signs.\n(2) A person must not launch a personal water craft into the sea other than at a boat launching ramp\ndesigned, constructed and approved for the purpose.\n(3) Subclauses (1) and (2) do not apply to any member of a surf life saving club or life saving patrol in\nthe course of their duties, training or in competition.\n5.7 Powers and activities of Authorised Persons and surf life saving members\n(1) A person authorised by the local government may perform all or any of the following activities in\nthe interests of maintaining safety at beaches—\n(a) patrol any beach, or close any beach or any part of it considered so dangerous as to warrant\nthat action;\n(b) take onto any beach any life saving equipment including vehicles or boats that are used for\nlife saving activities;\n(c) indicate by signs or patrol flags, any areas of a beach and the adjacent water beyond the\nbeach, where bathing is permitted or prohibited;\n(d) indicate by signs any areas of a beach and the adjacent water beyond the beach where—\n(i) riding of surfboards or any other bathing appliance is prohibited;\n(ii) driving or use of boats is prohibited;\n(iii) fishing or spear fishing is prohibited;\n(e) regulate, prohibit, restrict or set aside by signs any areas for the following activities—\n(i) entry by any persons;\n(ii) playing of games;\n(iii) conduct of training or surf club carnivals;\n(iv) establishing a first aid or command post;\n(f) direct any person to—\n(i) bathe within the designated permitted bathing area indicated by signs or patrol flags;\n(ii) leave the water adjacent to a beach during any period of potential dangerous conditions\nor sighting of a shark in the vicinity of the beach or if a shark is suspected to be in the\nvicinity of a beach; or\n(g) cease any activity not in accordance with this local law.\n(2) The local government may appoint or authorise members of a surf life saving club to perform all or\nany of the functions specified in subclause (1).\n(3) Under subclause (2), the local government may authorise members generally, or in relation to\nparticular times, days or months.\n5.8 Identification of life saving patrol\n(1) A member of a surf life saving patrol on duty at any beach may wear a red and yellow quartered\nswimming cap for the time they are on patrol.\n(2) A person who is not a member of an on duty surf life saving patrol must not wear a red and yellow\nquartered swimming cap or give the impression they are a member of an on-duty lifesaving patrol.\n5.9 Compliance with signs and directions\nA person attending any beach in the district must—\n(a) comply with any sign erected on a beach;\n(b) comply with any lawful direction given by an Authorised Person or authorised member of a\nsurf life saving club patrolling the beach; and\n(c) not enter any area set aside for any life saving activity, training, competition or carnival.\n5.10 Fishing\n(1) A person must not fish or use a fishing net in any area—\n(a) where fishing or using a fishing net is prohibited or restricted and the prohibition or\nrestriction is designated by signs; or\n(b) set aside by an Authorised Person or member of a surf life saving patrol as a designated\npermitted bathing area.\n(2) A person must not at any place whether fishing is permitted or not—\n(a) clean fish or cut bait such that it may cause a nuisance to beach users;\n(b) leave or deposit fish offal or bait on land or in the sea within 200m of any part of the beach;\n(c) use berley or oil or composite material such that it may cause a nuisance to beach users or be\ndetrimental to the environment; or\n(d) without written approval of the local government, fish for sharks by use of set or buoyed lines\nor use blood, offal or any other lure for the purpose of attracting sharks within 200m of any\npart of a beach.\n\n","sortOrder":22},{"sectionNumber":"166","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"166 GOVERNMENT GAZETTE, WA 12 January 2018\n5.11 Surfboards and boats\n(1) A person must not use or ride a surfing appliance or drive a personal watercraft or boat in any\narea set aside by the local government, an Authorised Person or member of a surf life saving patrol,\nas a designated permitted bathing area.\n(2) At the discretion of an Authorised Person or member of a surf life saving patrol, subclause (1) does\nnot apply to the use of bathing appliances up to a maximum of 1.2m by children under the age of\n8 years.\nDivision 3—Fenced or closed property\n5.12 No entry to fenced or closed local government property\nA person must not enter local government property or building which has been fenced off or closed to\nthe public by a sign or otherwise, unless that person is authorised to do so by the local government.\nDivision 4—Golf course\n5.13 Interpretation\ncontroller means the person appointed by the local government to direct, control and manage a\ngolf course and includes any assistant or deputy;\ngolf course means that portion of a golf course reserve which is laid out as a golf course and\nincludes all tees, fairways, greens, practice tees, practice fairways, practice greens, miniature\ngolf, pro shop and any driving range;\ngolf course reserve means those pieces of land known as Wembley Golf Course containing\napproximately 36 hectares being Part Lot 1 of Location 129, Diagram 16637 in Certificate of\nTitle, Volume 1150, Folio 279; and Lot 1, Diagram 54860 in Certificate of Title, Volume 1522,\nFolio 898, and includes all buildings, structures, fittings, fixtures and equipment on that\nland; and\nsufficient and suitable golfing equipment comprises not less than one putter, five clubs,\nsufficient golf balls to complete the game and a golf bag.\n5.14 Observance of ordinary and special conditions of play\nWhile on a golf course, every player must observe and comply with—\n(a) the general conditions of play and local rules of golf;\n(b) any direction of a controller or Authorised Person in respect of any special conditions of play;\nor\n(c) any requirement of any notice erected to direct or control play.\n5.15 Controller’s approval required\nA person must not, without the prior approval of the controller or an Authorised Person—\n(a) be accompanied by a non-playing spectator, other than a carer, whilst playing golf on a golf\ncourse;\n(b) cross or trespass on any portion of the golf course prepared for play or practice or on any\npractice fairway or practice putting green, unless that person is a fee paying player;\n(c) offer themselves for employment or be employed for a fee as a caddie on the golf course; or\n(d) sell, offer or expose for sale or exchange any golf ball or any golf equipment or other goods or\nservices on a golf course.\n5.16 Direction of controller or Authorised Person to be observed\nThe controller or an Authorised Person may temporarily suspend admission to, or remove from the\ngolf course reserve, or any part thereof, all or any person or persons, if in their opinion, such action is\nnecessary or desirable.\n5.17 Inspection of authorisation\nA player or person on a golf course, must at any time requested by the controller or other Authorised\nPerson, produce any written authority granted or ticket issued, to the player or person, to play golf for\nthe number of holes being played and valid for play on that day and at that time.\n5.18 Use of vehicles and equipment\n(a) take on to a golf course a bicycle, motor cycle, motor car, motorised golf buggy or any other\nvehicle unless—\n(i) with the prior consent of the controller;\n(ii) the vehicle is under the control of the controller and used for hire purposes;\n(b) drive, use or park a bicycle, motor cycle, motor car, motorised golf buggy or other vehicle on\nany portion of a golf course except in such areas paved, marked and set apart for such\npurpose without the prior consent of the controller;\n\n12 January 2018 GOVERNMENT GAZETTE, WA 167\n(c) while driving, using or parking any bicycle, motor cycle, motor car, motorised golf buggy or\nother vehicle on any portion of a golf course, refuse or fail to comply with all signs applicable\nthereto and any order or direction given by an Authorised Person or the controller;\n(d) take any golf buggy or like conveyance fitted with wheels on to any part of a golf course\nunless the width of its wheels is 25mm or greater;\n(e) take any golf bag or golf bag buggy on to any part of the golf course laid out as a putting\ngreen, practice putting green, sand trap or bunker;\n(f) play golf on a golf course unless in full possession of sufficient and suitable golfing equipment\nfor that purpose; or\n(g) leave on a golf course any vehicle, object, thing or any animal which the controller has\ndirected to be removed.\nDivision 5—Awnings, Verandahs and Balconies over Local Government Property\n5.19 Interpretation\nawning means a roof-like covering to shelter persons or protect parts of a building from the\neffects of sun or rain, which extends or can be made to extend over any part of a footpath,\nstreet or local government property;\nbalcony means an open or covered platform attached to an upper part of a building, projecting\nfrom or recessed into the face of a wall and protected by a railing or balustrade and accessible\nfrom an adjacent room; and\nverandah means a roofed structure attached to a building with the outer edge supported on\nposts, and covered either by the main roof or a separate, lower roof, of which any part extends\nover any part of a footpath, street or local government property.\n5.20 Approval to erect or maintain\nA person must not erect or maintain an awning, verandah or balcony over local government property\nwithout the approval of the local government.\n5.21 Projection over local government property\nAll awnings, verandahs and balconies must finish 600mm closer to the building line than the face of\nthe kerb or 2.75m from the building line, whichever is the lesser.\n5.22 Height above local government property\n(1) The height of an awning, verandah or balcony ceiling must, except in special cases, be 3.4m above\nthe pavement level.\n(2) Where there are existing awnings, verandahs or balconies, the new awning, verandah or balcony\nmust conform thereto subject to no awning, verandah or balcony ceiling being at a lesser height than\n3m above the pavement level.\n5.23 Maintenance and public safety\n(1) The owner and occupier for the time being of any building to which any awning, verandah or\nbalcony is attached must keep the awning, verandah or balcony clean, painted, watertight and in a\nsound and safe structural condition and in good and substantial repair.\n(2) Where the local government has reason to suspect that any awning, verandah or balcony is not in\na sound and safe structural condition or in good and substantial repair, the local government may by\nnotice in writing require the owner or occupier of any building to which that awning, verandah or\nbalcony is attached to provide to the local government within the period specified in the notice, a\nreport of a practising structural engineer or an architect which certifies that the awning, verandah or\nbalcony is in a safe structural condition or specifies the work necessary to render the structure safe.\nPART 6—FEES FOR ENTRY ON TO LOCAL GOVERNMENT PROPERTY AND BUILDINGS\n6.1 Payment of applicable fees\nWhere a fee or charge applies to the entry to, use of or participation in an activity on or in any local\ngovernment property, local government building or community facility, a person must not enter that\nproperty, building or community facility without first paying the applicable fee or charge, unless that\nperson has been exempted by the local government from paying that fee or charge.\n6.2 No unauthorised entry to function\n(1) A person must not enter local government property on such days or during such times as the\nproperty may be set aside for a function for which a charge for admission is authorised, except—\n(a) through the proper entrance for that purpose; and\n(b) on payment of the fee chargeable for admission at the time.\n(2) The local government may exempt a person from compliance with subclause (1)(b).\n6.3 Determination of fees and charges\nAll fees and charges applicable under this part must be determined by the local government from\ntime to time in accordance with section 6.16 of the Act.\n\n","sortOrder":23},{"sectionNumber":"168","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"168 GOVERNMENT GAZETTE, WA 12 January 2018\nPART 7—OBSTRUCTING VEHICLES AND SHOPPING TROLLEYS\n7.1 Interpretation\nIn this Part—\nretailer means a proprietor of a shop which provides shopping trolleys for the use of customers of\nthe shop;\nshopping trolley means a container or receptacle on wheels provided by a retailer for the\ntransport of goods.\n7.2 Leaving vehicle in public place or on local government property\n(1) A person must not leave a vehicle, or any part of a vehicle, in a public place or on local government\nproperty so that it obstructs the use of any part of that public place or local government property,\nunless that person has first obtained a permit or is authorised to do so under a written law.\n(2) A person contravenes subclause (1) where the vehicle is left for a period exceeding 24 hours.\n7.3 Name of owner of shopping trolley\nA retailer must clearly mark its name or trading name on any shopping trolley made available for the\nuse of customers.\n7.4 Shopping trolleys in public places\nA person must not leave a shopping trolley in a public place, other than in an area set aside for the\nstorage of shopping trolleys.\n7.5 Shopping trolley to be removed by owner\nWhere a shopping trolley is found abandoned in a public place and the owner has been advised\nverbally or in writing of its location by the local government, the owner must remove the shopping\ntrolley from the public place within 24 hours of being advised.\n7.6 Impounding of shopping trolley\n(1) Where an Authorised Person or a member of the Western Australia Police finds a shopping trolley\nabandoned in a public place, the Authorised Person or a member of the Police Service may impound\nthe shopping trolley and place it in an appointed place.\n(2) Where a shopping trolley has been impounded and placed in an appointed place, the apparent\nowner must be advised verbally or in writing of its location by the local government and, the owner\nmust recover the impounded shopping trolley from the appointed place as set out in the Act.\nPART 8—SECURE SUM\n8.1 Security for restoration and reinstatement\n(1) The local government may require an applicant to pay a bond or secure sum to a value determined\nby the local government as a condition of an approval or permit, before the issue of an approval or\npermit; or where a land owner proposes to develop, amalgamate or sub-divide land for the purpose of\nensuring that—\n(a) a hired local government building or local government property, including fixtures and\nfittings can be cleaned, replaced or repaired;\n(b) a footpath or local government property damaged, removed or destroyed during the\nconstruction of any building on an adjacent lot, can be repaired or reinstated;\n(c) a footpath or local government property damaged, removed or destroyed during the\namalgamation or sub-division of adjacent land, can be repaired or reinstated; or\n(d) conditions of an approval or permit insofar as they relate to local government or public\nproperty, are complied with.\n(2) A bond or secure sum required under subclause (1) is to be paid into an account established by the\nlocal government for the purposes of this clause.\n8.2 Use by local government of secure sum\n(1) If an applicant, permit or approval holder or adjacent owner or occupier fails to carry out or\ncomplete the reinstatement works required by the permit or approval conditions, or by a notice served\nby the local government, either—\n(a) within the time specified in those conditions; or\n(b) where no such time has been specified, a reasonable time from the expiration of the permit or\napproval; or\n(c) within 14 days or such time as specified in the notice given by the local government,\nthen, the local government may carry out or cause to be carried out, the required restoration and\nreinstatement works or as much work as remains undone.\n(2) The permit or approval holder, owner or occupier must pay to the local government on demand all\nadministrative, legal, contractor and other costs including, but not limited to loss of income, estimated\nor incurred by the local government to restore and reinstate the site or which the local government\nmay be required to pay under this clause.\n(3) The local government may apply the proceeds of any bond or secure sum obtained under clause 8.1\nto meet any costs incurred under this clause.\n\n12 January 2018 GOVERNMENT GAZETTE, WA 169\n(4) The liability of the applicant, permit or approval holder, adjacent owner or occupier to pay the\nlocal government’s costs under this clause is not limited to the amount, if any, secured under\nclause 8.1.\n","sortOrder":24},{"sectionNumber":"Part 9","sectionType":"part","heading":"WORKS IN THOROUGHFARES","content":"PART 9—WORKS IN THOROUGHFARES\nDivision 1—General\n9.1 Works in public property\nA person must not carry out any works in a thoroughfare or public place without first obtaining\nwritten approval from the local government, in accordance with regulation 17 of the Local\nGovernment (Uniform Local Provisions) Regulations 1996, unless otherwise provided for in this local\nlaw.\nDivision 2—Verges\n9.2 Verge treatment\nThe owner or occupier of land adjacent to any thoroughfare may only treat the verge in front of such\nland with a permissible verge treatment and in any event must not—\n(a) alter the finished level of the verge;\n(b) excavate the verge within the drip line of any street tree; or\n(c) cover or obstruct any manholes, gullies or inspection pits which are serviced from time to\ntime by the local government.\n9.3 Permissible verge treatments\n(1) The owner or occupier of land which abuts a verge may on that part of the verge directly in front of\nsuch land install—\n(a) a permissible verge treatment; or\n(b) irrigation pursuant to clause 9.4(h).\n(2) A permissible verge treatment is—\n(a) the planting and maintenance of a lawn;\n(b) the planting and maintenance of a garden provided that—\n(i) clear sight visibility is maintained at all times for a person using the abutting street in\nthe vicinity of an intersection or bend in the street or using a driveway on land adjacent\nto the street for access to or from the street;\n(ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width\nof 1.5m along that part of the verge immediately adjacent to the kerb;\n(iii) it does not include a fence, wall or built structure;\n(iv) it does not include concrete slabs, bricks, rocks, logs, bollards, reticulation boxes,\ngarden ornaments or garden stakes,\n(v) it does not include loose and uncompacted, inorganic and poorly graded materials\ngreater than 5mm in size, including gravels, crushed bricks or loose stones;\n(vi) it does not contain artificial grass;\n(vii) no plant (except grasses or similar plant) is within 6m of an intersection or within 1.5m\nof a carriageway where there is no footpath; and\n(viii) it is not of a thorny, poisonous or hazardous nature.\n(c) the installation over no more than one third of the area of the verge (excluding any vehicle\ncrossing) of an acceptable material in accordance with subclause (4), and the planting and\nmaintenance of either a lawn or a garden on the balance of the verge in accordance with\nparagraph (a) or (b); or\n(d) the installation of an acceptable material.\n(4) A person must not install or maintain a verge treatment which is not a permissible verge\ntreatment.\n(5) In this Part acceptable material means any material which would create a hard surface, and\nwhich has been approved by the local government.\n9.4 Obligations of owners or occupiers for verge treatments\nAn owner or occupier who installs and maintains a permissible verge treatment must—\n(a) repair and make good any damage to the verge treatment at such owner’s or occupier’s\nexpense;\n(b) keep the verge treatment in good and tidy condition and ensure, where the verge treatment is\na garden or lawn, that no obstruction of any sort (physical, sight or other) is caused to any\naccessway, footpath, pavement or thoroughfare;\n(c) ensure that clear sight visibility is maintained at all times for a person using the abutting\nstreet in the vicinity of an intersection or bend in the street or using a driveway on land\nadjacent to the street for access to or from the street;\n(d) lay, install or pave a surface with an acceptable material only;\n(e) not place any obstruction on or around any verge treatment;\n\n","sortOrder":25},{"sectionNumber":"170","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"170 GOVERNMENT GAZETTE, WA 12 January 2018\n(f) not water or maintain a verge treatment in such a manner as to cause a nuisance or hazard\nto any person using the adjacent footpath, accessway or thoroughfare;\n(g) not extend the verge treatment beyond the verge immediately adjacent to the property owned\nor occupied, without the written approval of the owner of the adjoining property, immediately\nadjacent to the verge to be treated; and\n(h) ensure that any sprinklers or pipes installed to irrigate a verge treatment—\n(i) do not protrude above the level of the lawn when not in use;\n(ii) are not used at such times as to cause unreasonable inconvenience to pedestrians or\nother persons; or\n(iii) do not otherwise present a hazard to pedestrians or other persons.\n9.5 Enforcement\nThe local government may give notice in writing requiring the adjacent owner or occupier of any land\nto make good, or to remove all or any part of a verge treatment that does not comply with the local\ngovernment’s permissible verge treatment specifications, within the time period specified in the\nnotice.\n9.6 Power to carry out public works on a verge\nWhere the local government or an authority empowered to do so under a written law disturbs, digs up\nor carries out any works in a verge which has a permissible verge treatment, then the local\ngovernment or the authority must use its best endeavours to—\n(a) replace and restore any reticulation, pipes or sprinklers; and\n(b) back fill with sand any garden or lawn,\nbut otherwise is not be liable to replace or restore any—\n(i) verge treatment and, in particular, any plant, or any other acceptable material or other hard\nsurface; or\n(ii) sprinklers, pipes or other reticulation.\nDivision 3—Existing verge treatments\n9.7 Transitional provision\nformer provisions means the local law of the local government which permitted certain types of\nverge treatments, whether with or without the consent of the local government, and which\nwas repealed by this local law.\n(2) A verge treatment which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the former provisions,\nis to be taken to be a permissible verge treatment for so long as the verge treatment remains of the\nsame type and continues to comply with the former provisions.\nDivision 4—Vehicle Crossings\n9.8 Vehicle crossing treatment\nThe owner or occupier of land adjacent to a thoroughfare may only install or have installed a vehicle\ncrossing in front of such land which is a permissible vehicle crossing treatment.\n9.9 Vehicle crossings\nThe owner or occupier of land adjacent to a thoroughfare may install a vehicle crossing in accordance\nwith the local government’s vehicle crossing specifications, as varied from time to time.\n9.10 Contribution towards construction of a vehicle crossing\nFor the purpose of determining the local government’s contribution towards the construction of a\nvehicle crossing as stipulated in Local Government (Uniform Local Provisions) Regulations 1996, the\nminimum requirements for a vehicle crossing for a residential area must be used to determine the\ncontribution for construction of a vehicle crossing.\n9.11 Temporary vehicle crossings\n(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the\nlot, the person responsible for the works must obtain a permit for the construction of a temporary\ncrossing to protect the existing carriageway, kerb, drains and footpath, where—\n(a) a crossing does not exist; or\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) The person responsible for the works in subclause (1) is to be taken to be—\n(a) the builder named on the building permit issued under the Building Act 2011 or Local\nGovernment (Miscellaneous Provisions) Act 1960, if one has been issued in relation to the\nworks; or\n\n12 January 2018 GOVERNMENT GAZETTE, WA 171\n(b) the registered proprietor of the lot, if no building permit has been issued under the Building\nAct 2011, or Local Government (Miscellaneous Provisions) Act 1960 in relation to the works.\n(3) If the local government approves an application for a permit for the purpose of subclause (1), the\npermit is taken to be issued on the condition that until such time as the temporary crossing is\nremoved, the permit holder must keep the temporary crossing in good repair and in such a condition\nso as not to create any danger or obstruction to persons using the thoroughfare.\n9.12 Removal of redundant vehicle crossings\n(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be\nremoved and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the\nremoval are to be reinstated to the satisfaction of the local government.\n(2) The local government may give written notice to the owner or occupier of a lot requiring them to—\n(a) remove any part or all of a crossing which does not give access to the lot; and\n(b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may\nbe affected by the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot must comply with\nthat notice.\nDivision 5—Protection of footpaths, verges and street trees\n9.13 Footpath and verge protection\n(1) The owner, occupier, licensee or contractor who undertakes works on a private property adjacent\nto a footpath or verge, must—\n(a) take all necessary precautions to ensure that the footpath or verge is not damaged during the\ncourse of the works;\n(b) take all necessary action to ensure that the footpath or verge remains in a safe functional\nstate suitable for use by the public; and\n(c) notify the local government of any existing damage to the footpath or verge prior to the\ncommencement of the works.\n(2) A person who carries out any building or other operations or works necessitating the crossing of a\nfootpath with vehicles that may cause damage to the footpath or verge, must ensure that—\n(a) all reasonable precautions are taken to prevent damage to the footpath, verge, or street tree\nduring the course of the works; and\n(b) heavy vehicles that access the private property, are to cross the footpath at the designated\narea for the proposed vehicle crossing.\n(3) A person who causes damage to a footpath or verge during works undertaken on private property\nor works within the road reserve must pay the costs of the local government to reinstate street trees\nand repair the damage.\n9.14 Street tree protection\n(1) The owner, occupier, licensee or contractor who undertakes works on a private property adjacent\nto a street tree, must—\n(a) take all necessary precautions to ensure that the street tree is protected and not damaged\nduring the course of the works;\n(b) provide a tree protection zone around the trunk of the tree comprising of temporary fixed\nbarricade/fencing, measuring from the trunk of the tree, of at least 2m by 2m (preferably with\nappropriate signage), erected around the tree to protect the root zone and tree during the\nconstruction works;\n(c) not place or store any building materials, building rubble and/or debris against the tree\nprotection barricade or within the tree protection zone;\n(d) ensure clear access to the tree is maintained at all times to enable the local government to\naccess the tree for watering or carry out any works to the tree as required; and\n(e) notify the local government of any existing damage to the street tree or if the tree becomes\ndamaged.\n(2) Any person who causes damage to a street tree must pay the costs of the local government to carry\nout remedial works or to replace the street tree.\n(3) Any person who causes significant damage to a street tree or its destruction, commits an offence.\n(4) In instances where a tree is assessed by the local government as being significant in size, the\nbarricade around the tree may need to be a greater distance from the tree trunk and this will be\ndetermined by the local government.\n","sortOrder":26},{"sectionNumber":"Part 10","sectionType":"part","heading":"ACTIVITIES IN LOCAL GOVERNMENT AND PUBLIC PLACES","content":"PART 10—ACTIVITIES IN LOCAL GOVERNMENT AND PUBLIC PLACES\n10.1 General prohibitions\n(a) plant any plant (except grasses or a similar plant) within 6m of an intersection;\n(b) plant any plant which exceeds or which may exceed 0.75m in height on a thoroughfare, where\nthat plant obstructs or restricts the vision of a driver using a driveway on land adjacent to the\nstreet for access to or from the street;\n\n","sortOrder":27},{"sectionNumber":"172","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"172 GOVERNMENT GAZETTE, WA 12 January 2018\n(c) damage a lawn or a garden or remove any plant or part of a plant from a lawn or a garden\nunless—\n(i) the person is the owner or the occupier of the lot abutting that portion of the\nthoroughfare and the lawn or the garden or the particular plant has not been installed\nor planted by the local government; or\n(ii) the person is acting under the authority of a written law;\n(d) plant any plant (except grass or a similar plant) on a thoroughfare or verge contrary to the\nlocal government’s permissible verge treatment specifications;\n(e) place on any footpath any fruit, fruit skins, vegetable or other substance or fluid (but not\nwater) which may create a hazard for any person using the footpath;\n(f) unless at the direction of the local government, damage, remove or interfere with any\nsignpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a\nthoroughfare owned by the local government or a person acting under the authority of a\nwritten law;\n(g) play or participate in any game or sport so as to cause danger to any person or thing or\nimpede the movement of vehicles or persons on a footpath or thoroughfare;\n(h) within a mall, arcade or verandah of a shopping centre, ride any skateboard, rollerblades or\nsimilar device; or\n(i) permit, allow or maintain a tree, plant, shrub or other vegetation on private property to\noverhang or grow over or onto a footpath, thoroughfare or local government property in such\na manner so as to cause a nuisance, hazard, obstruction or impede the movement of a person\nor vehicle.\n","sortOrder":28},{"sectionNumber":"Part 11","sectionType":"part","heading":"NOTICES","content":"PART 11—NOTICES\nDivision 1—Notices\n11.1 Notice to redirect or repair sprinkler\nWhere a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a\nmanner which causes or may cause an inconvenience or obstruction to any person using a\nthoroughfare, the local government may give a notice to the owner or the occupier of the land abutting\non the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of\nthe sprinkler or other watering equipment.\n11.2 Plants encroaching over a footpath, thoroughfare or local government property\n(1) Where a tree, plant, shrub or other vegetation on private property overhangs or grows over or onto\na footpath, thoroughfare or local government property in such a manner so as to cause a nuisance,\nhazard, obstruction or impede the movement of a person or vehicle, the local government may give a\nnotice to the owner or the occupier of the land which contains the tree, plant, shrub or other\nvegetation, to remove, cut, move or otherwise deal with that tree, plant, shrub or other vegetation, so\nas to abate the nuisance, hazard or obstruction.\n(2) Subclause (1) does not apply where the plant was planted by the local government.\n11.3 Notice to repair damage to thoroughfare\nWhere any portion of a thoroughfare, verge or footpath has been damaged, or is in the opinion of an\nAuthorised Person, dangerous to the public, the local government may by notice to the person who\ncaused the damage or dangerous condition, order the person to repair or replace that portion of the\nthoroughfare, verge or footpath to the satisfaction of the local government.\n11.4 Notice to remove thing unlawfully placed on thoroughfare\nWhere any thing is placed on a thoroughfare in contravention of this local law, the local government\nmay by notice in writing to the owner or the occupier of the property which abuts on that portion of\nthe thoroughfare where the thing has been placed, or such other person who may be responsible for\nthe thing being so placed, require the relevant person to remove the thing.\n11.5 Failing to comply with a notice\nA person who fails to comply with a notice issued pursuant to clauses 11.1, 11.2(1), 11.3 or 11.4,\ncommits an offence.\nDivision 2—Right of Appeal and Review\n11.6 Application of Division 1, Part 9 of the Act\nWhen the local government makes a decision as to whether it will—\n(a) grant a person a permit or consent under this local law; or\n(b) renew, vary or cancel a permit or consent that a person has under this local law,\nthe provisions of Division 1 of Part 9 of the Act and regulations 33 of the Regulations apply to that\ndecision.\n\n12 January 2018 GOVERNMENT GAZETTE, WA 173\nPART 12—MISCELLANEOUS\n12.1 Persons may be directed to leave local government property or building\nAn Authorised Person may direct a person to leave local government property or a local government\nbuilding where the Authorised Person reasonably suspects that the person has contravened a\nprovision of any written law.\n12.2 Disposal of lost property\n(1) An article left on any local government property, and not claimed within a period of 3 months, may\nbe disposed of by the local government in any manner it thinks fit.\n(2) Neither the local government nor any local government employee or any Authorised Person may in\nany way be responsible for any articles or money lost, stolen, damaged, destroyed whilst on or in any\nlocal government property or building.\n12.3 Impounding of goods and recovery of expenses\nThe local government may—\n(a) impound goods in accordance with regulation 29 of the Local Government (Functions and\nGeneral) Regulations 1996, and\n(b) withhold impounded or confiscated goods until costs are paid, dispose of impounded,\nconfiscated or uncollected goods and recover impounding fees, in accordance with sections\n3.46, 3.47 and 3.48 of the Act.\n12.4 Liability for damage to local government property or building\n(1) Where a person unlawfully causes physical damage or detrimentally affects the appearance or\nnature of any local government property, the local government may by notice in writing to that person\nrequire that person within the time required in the notice to, at the option of the local government,\npay the costs of—\n(a) reinstating the property to the state it was in prior to the occurrence of the damage; or\n(b) replacing that property.\n(2) Unless there is proof to the contrary, a person is to be taken to have damaged local government\nproperty within subclause (1) where—\n(a) a vehicle or a boat caused the damage, the person was the person responsible, at the time the\ndamage occurred, for the control of the vehicle or the boat; or\n(b) the damage occurred under a permit or approval, the person is the permit or approval holder\nin relation to that permit.\n(3) On a failure to comply with a notice issued under subclause (1), the local government may recover\nthe costs referred to in the notice as a debt due to it.\n12.5 Public liability insurance and indemnity\n(1) Where, as a condition of a permit or approval, the permit or approval holder or the property owner\nis required to provide a public liability insurance policy, indemnifying the local government against\nall actions, suits, claims, damages, losses and expenses made against or incurred by the local\ngovernment arising from any activity, action or thing performed or erected in accordance with the\npermit and keep that insurance policy current for the duration of the permit or at all times, the\npermit or approval holder or the property owner must—\n(a) enter into an agreement with the local government to provide and maintain the required\npublic liability insurance protection;\n(b) take out a public liability insurance policy in the name of the permit or approval holder for a\nminimum value of 10 million dollars or such other amount as the local government considers\nappropriate to the risk and liability involved;\n(c) include a clause in the policy which prevents the policy from being cancelled without the\nwritten consent of the local government;\n(d) include a clause in the policy which requires the insurance company to advise the local\ngovernment if the policy lapses, is cancelled or is no longer in operation; and\n(e) on the request of an Authorised Person, provide for inspection, a certificate of currency for the\nrequired insurance policy.\n(2) A permit or approval holder or a property owner who refuses to or cannot provide a current\ncertificate of insurance 14 days prior to the commencement of any activity, action or thing performed\nor erected in accordance with the permit, as required in accordance with subclause (1), commits an\noffence.\n","sortOrder":29},{"sectionNumber":"Part 13","sectionType":"part","heading":"ENFORCEMENT","content":"PART 13—ENFORCEMENT\nDivision 1—Notices given under this local law\n13.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do any thing,\nif a person fails to comply with the notice, that person commits an offence.\n\n","sortOrder":30},{"sectionNumber":"174","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"174 GOVERNMENT GAZETTE, WA 12 January 2018\n13.2 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 13.1, the local government may by\nits employees, agents or contractors carry out the works and do all things specified in the notice and\nmay recover from that person, as a debt, the costs incurred so doing.\nDivision 2—Offences and penalties\n13.3 Offences and penalties\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, upon conviction, to a penalty not\nless than $500 and not exceeding $5,000, and if the offence is of a continuing nature, to an additional\npenalty not exceeding $500 for each day or part of a day during which the offence has continued.\n13.4 Modified penalties\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n13.5 Form of Notices\n(1) For the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the infringement\nnotice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.17 of the Act is that of Form 2 in\n","sortOrder":31},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"of the Regulations; and","content":"Schedule 1 of the Regulations; and\n(c) the form of the infringement withdrawal notice referred to in section 9.20 of the Act is that of\nForm 3 in Schedule 1 of the Regulations.\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\nDivision 3—Evidence in legal proceedings\n13.6 Evidence of a determination\n(1) In any legal proceedings, evidence of a determination may be given by tendering the register\nreferred to in clause 2.5 or a certified copy of an extract from the register.\n(2) It is to be presumed, unless the contrary is proved, that the determination was properly made and\nthat every requirement for it to be made and have effect has been satisfied.\n(3) Subclause (2) does not make valid a determination that has not been properly made.\n————\nSCHEDULE 1—PRESCRIBED OFFENCES\n[clause 13.4]\nItem\nNo.\n$\n1. 2.4 Failing to comply with a determination 250\n2. 3.6(1) Failing to comply with conditions of a permit 250\n3. 3.6(2) Failing to comply with conditions of a permit as varied 250\n4. 3.12(1) Failing to obtain a permit for activities requiring a permit 250\n5. 3.13(2)(a) Failing to obtain a permit to camp on local government property 250\n6. 3.14(1) Consumption or possession of liquor without a permit 250\n7. 3.15 Failure of permit holder to comply with responsibilities 250\n8. 4.1(a) or (b) Behaving in a manner likely to cause injury, interruption,\ndisturbance or interference to other persons using local government\n9. 4.2(1) Person using toilet block or change room specified for use by other\ngender\n10. 4.2(2)(a) Loitering outside or acting in an unlawful manner in any toilet\nblock or change room\n11. 4.2(2)(b) Entering or attempting to enter an occupied cubicle or compartment 250\n12. 4.3 Failing to wear adequate clothing to prevent indecent exposure 150\n13. 4.4(1) Behaving in a way which may be detrimental to local government\n\n12 January 2018 GOVERNMENT GAZETTE, WA 175\nItem\nNo.\n$\n14. 4.5(1)(a) Taking, injuring or killing, or attempting to take, injure or kill any\nfauna\n15. 4.5(1)(b) Taking onto, setting or using any animal, bird or fish trap while on\nany local government property\n16. 4.6(1)(a) Removing, damaging or interfering with any flora on local\ngovernment property without approval\n17. 4.6(1)(b) Cultivating, planting or depositing flora on local government\nproperty without approval\n18. 4.7 A person under the influence of liquor or a prohibited drug must not\nenter or remain on local government property\n19. 4.9(2) Failing to comply with a sign on local government property 250\n20. 5.2(2) Failing to leave a community facility quietly and peaceably when\nrequested to do so\n21. 5.3(a) Smoking or consuming food or drink in a prohibited area in a\ncommunity facility\n22. 5.3(b) Climbing up or upon a community facility 150\n23. 5.3(c) Entering or using, or attempting to enter or use a community\nfacility whilst unclean or suffering from a contagious, infectious or\ncutaneous disease\n24. 5.5(a) Using a sandboard, other board or thing to slide down a sand dune 150\n25. 5.5(c) Traversing sand dunes other than along designated paths. 150\n26. 5.5(d) Taking a vehicle onto any beach or sand dune without authorisation 250\n27. 5.6(1) Launching a boat into sea from area not approved or not permitted\nby signs\n28. 5.6(2) Launching a personal water craft into sea other than from a boat\nlaunching ramp\n29. 5.9(a) Failing to comply with a sign erected on a beach 250\n30. 5.9(b) Failing to comply with a direction given by an Authorised Person 250\n31. 5.10(1)(a) Fishing or using a fishing net in an area where fishing is prohibited\nor restricted by signs\n32. 5.10(1)(b) Fishing in an area set aside as designated permitted bathing area 150\n33. 5.10(2)(a) Cleaning fish or cutting bait that causes a nuisance to beach users 250\n34. 5.10(2)(b) Leaving or depositing fish offal on land or in the sea within 200m of\nany beach\n35. 5.10(2)(c) Using berley, oil or material that causes a nuisance to beach users\nor is detrimental to the environment\n36. 5.10(2)(d) Fishing for sharks without approval of the local government 250\n37. 5.11(1) Using or riding a surfing appliance, or drive a personal watercraft\nor boat in a designated permitted bathing area\n38. 5.12 Unauthorised entry to fenced or closed local government property 250\n39. 5.14(a) Failing to observe and comply with general conditions of play and\nlocal rules of golf\n40. 5.14(b) Failing to comply with direction of controller or Authorised Person 150\n41. 5.14(c) Failing to comply with notice to direct or control play on golf course 150\n42. 5.15(a) Without approval of the controller, be accompanied by a non-playing\nspectator whilst playing golf\n43. 5.15(b) Without approval of the controller, crossing or trespassing on any\nportion of the golf course prepared for play\n44. 5.15(c) Without approval of the controller, seeking employment or be\nemployed as a caddie, for a fee\n45. 5.15(d) Without approval of the controller, selling, offering or exposing for\nsale or exchange any golf ball or any golf equipment or other goods\nor services\n46. 5.17 Failing to produce written authority to play golf for number of holes,\nday and time on the golf course\n47. 5.18(a) Taking a vehicle onto the golf course without approval of the\ncontroller\n\n","sortOrder":32},{"sectionNumber":"176","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 January 2018","content":"176 GOVERNMENT GAZETTE, WA 12 January 2018\nItem\nNo.\n$\n48. 5.18(b) Driving, using or parking a bicycle, motor cycle, motor car,\nmotorised golf buggy or other vehicle on any portion of the golf\ncourse reserve except in such areas paved, marked and set apart for\nsuch purpose without the prior consent of the controller\n49. 5.18(c) Refusing or failing to comply with all signs while driving, using or\nparking any bicycle, motor cycle, motor car, motorised golf buggy or\nother vehicle on any portion of the golf course reserve, or any order\nor direction given by an Authorised Person or the controller\n50. 5.18(d) Taking any golf buggy with wheels less than 25mm wide onto any\npart of the golf course\n51. 5.18(g) Leaving on the golf course any vehicle, object or animal 250\n52. 5.20 Erecting or maintaining an awning, verandah or balcony without a\npermit\n53. 6.1 Failing to pay the fees or charges fixed by the local government\nfrom time to time\n54. 6.2(1) Unauthorised entry to a function on local government property 250\n55. 7.2(1) Leaving a vehicle that obstructs a public place or local government\n56. 7.4 Leaving a shopping trolley in public place other than trolley bay 250\n57. 7.5 Failing to remove a shopping trolley from a public place within\n24 hours upon being advised of its location\n58. 9.1 Carrying out works in a thoroughfare or public place without\napproval of the local government\n59. 9.2(a) Altering the finished level of a verge 250\n60. 9.2(b) Excavating the verge within the drip line of a street tree 250\n61. 9.2(c) Covering or obstructing any manholes, gullies or inspection pits 250\n62. 9.3(4) Installation or maintenance of a verge treatment other than a\npermissible verge treatment\n63. 9.4(a) Failing to repair and make good any damage to the verge treatment 250\n64. 9.4(b) Failing to keep verge treatment in good and tidy condition and\navoid obstruction of any sort to any accessway, footpath, pavement\nor thoroughfare\n65. 9.4(c) Failing to ensure clear sight visibility is maintained at all times for\npersons using the abutting street or driveway\n66. 9.4(d) Failing to lay, install or pave a verge with an acceptable material 250\n67. 9.4(e) Place any obstruction on or around any verge treatment 250\n68. 9.4(f) Water or maintain a verge treatment so as to cause a nuisance or a\nhazard to any person using footpath, accessway or thoroughfare\n69. 9.4(g) Extending the verge treatment beyond the verge immediately\nadjacent to the property owned or occupied, without the consent of\nthe adjoining property owner\n70. 9.4(h) Installing or maintain sprinklers or irrigation pipes contrary to\nrequirements\n71. 9.8 Installing or have installed a vehicle crossing other than a\npermissible vehicle crossing\n72. 9.11(1) Failing to obtain permit for temporary crossing 250\n73. 9.12(2) Failing to comply with notice to remove a crossing and reinstate the\nkerb\n74. 9.13(1)(a) Failing to take reasonable precautions to prevent damage to\nfootpath or verge\n75. 9.13(1)(b) Failing to take reasonable precautions to ensure the footpath or\nverge remains in a safe and functional state\n76. 9.13(1)(c) Failing to notify local government of existing footpath damage prior\nto commencement of works\n77. 9.14(1)(a) Failing to take all necessary precautions to ensure that the street\ntree is protected and not damaged during the course of the works\n78. 9.14(1)(b) Failing to provide a tree protection zone comprising of a temporary\nbarricade/fencing to protect a street tree during the construction\nworks\n\n12 January 2018 GOVERNMENT GAZETTE, WA 177\nItem\nNo.\n$\n79. 9.14(1)(c) Placing or storing of any building materials, building rubble and/or\ndebris against the tree protection barricade or within the tree\nprotection zone\n80. 9.14(1)(d) Failing to ensure clear access is maintained at all times around a\nstreet tree to enable the local government to water the tree or carry\nout works\n81. 9.14(1)(e) Failing to notify the local government of any existing damage to a\nstreet tree prior to the commencement of the works\n82. 9.14(3) Causing significant damage to a street tree or its destruction 500\n83. 10.1(a) Planting any plant (except grasses or a similar plant) within 6m of\nan intersection\n84. 10.1(b) Planting any plant which exceeds or which may exceed 0.75m in\nheight on a thoroughfare, where that plant obstructs or restricts the\nvision of a driver using a driveway on land adjacent to the street for\naccess to or from the street\n85. 10.1(c) Damaging a lawn or a garden or removing any plant or part of a\nplant from a lawn or a garden\n86. 10.1(d) Planting any plant (except grass or a similar plant) on a\nthoroughfare or verge contrary to the local government’s\npermissible verge treatment specifications\n87. 10.1(e) Placing on any footpath any fruit, fruit skins or other substance or\nfluid (but not water) which may create a hazard for any person\nusing the footpath\n88. 10.1(f) Unless at the direction of the local government, damaging, removing\nor interfering with any signpost, direction plate, guidepost, notice,\nshelter, shed, fence or any structure erected on a thoroughfare\n89. 10.1(g) Playing or participating in any game or sport so as to cause danger\nto any person or thing or impede the movement of vehicles or\npersons on a footpath or thoroughfare\n90. 10.1(h) Within a mall, arcade or verandah of a shopping centre, riding any\nskateboard, rollerblades or similar device\n91. 10.1(i) Permitting, allowing or maintaining a tree, plant, shrub or other\nvegetation on private property to overhang or grow over or onto a\nfootpath, thoroughfare or local government property in such a\nmanner so as to cause a nuisance, hazard, obstruction or impede the\nmovement of a person or vehicle\n92. 11.5 Failing to comply with a notice concerning a sprinkler, trees or\nplants encroaching over a footpath or thoroughfare, damage to a\nthoroughfare, verge or footpath or placing a thing on a thoroughfare\ncontrary to the local law\n93. 12.1 Failing to leave local government property or building when\ndirected to do so by an Authorised Person\n94. 13.1 Failing to comply with a notice given under this local law 500\n95. 13.3(1) All other offences not specified 150\n————\n\n12 January 2018 GOVERNMENT GAZETTE, WA 179\nPRIVATE PROPERTY AMENDMENT LOCAL LAW 2017\nUnder the powers conferred on it by the Local Government Act 1995 and under all other enabling\npowers, the Council of the Town of Cambridge resolved on 28 November 2017 to make the following\nlocal law.\nThis local law may be cited as the Town of Cambridge Private Property Amendment Local Law 2017.\nThis local law commences 14 days after the day on which it is published in the Government Gazette.\n1.3 Principal local law\nThis local law amends the Town of Cambridge Private Property Local Law 2016 published in the\nGovernment Gazette on 24 January 2017.\n1.4 Principal local law amended\nThe principal local law is amended as follows—\n(a) delete ‘3500.2.2003’ and insert ‘3500.2.2015’, wherever it appears;\n(b) delete ‘3500.3.2003’ and insert ‘3500.3.2015’, wherever it appears;\n(c) in clause 1.6(1) delete ‘AS 4282:1997’ and insert ‘AS 4282.1997’;\n(d) in clause 1.6(2)(f) delete ‘Australian Standard 4282’ and insert ‘AS 4282.1997’;\n(e) in clause 3.2(2) delete ‘Australian Standard 4282’ and insert ‘AS 4282.1997’; and\n(f) in clause 3.11(2) delete ‘11’ and insert ‘4’.\n————\n\n12 January 2018 GOVERNMENT GAZETTE, WA 181\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nWASTE AMENDMENT LOCAL LAW 2017\nUnder the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007 and the\nLocal Government Act 1995 and under all other enabling powers, the Council of the Town of\nCambridge resolved on 28 November 2017 to make the following local law.\nThis local law may be cited as the Town of Cambridge Waste Amendment Local Law 2017.\nThis local law commences 14 days after the day on which it is published in the Government Gazette.\n1.3 Principal local law\nThis local law amends the Town of Cambridge Waste Local Law 2016 published in the Government\nGazette on 24 January 2017.\n1.4 Clause 2.8 amended\nIn clause 2.8(1), delete ‘2.7(a) or (b)’ and insert ‘2.7(2)(a) or (b)’.\n1.5 Part 5 inserted\nAfter clause 4.4, insert the following—\n‘PART 5—OBJECTION AND APPEAL RIGHTS\n5.1 Objection and appeal rights\nDivision 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary\nor cancel—\n(a) an approval under clause 2.7(2)(b);\n(b) an exemption under clause 2.8(2);\n(c) an approval under clause 2.10(1);\n(d) an authorization under clause 3.2(1)(c);\n(e) an approval under clause 3.2(2); and\n(f) an approval under clause 3.3.’\n————\n————\nConsented to—\nMIKE ROWE, Chief Executive Officer,\nDepartment of Water and Environmental Regulation.\nDated this 11th day of November 2017.","sortOrder":33}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":750},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains within its original scope. The main local law comprehensively covers public property management as intended. The two amendment local laws are narrow technical updates that do not expand beyond their respective principal local laws."},"complexity_factors":["Extensive cross-referencing between clauses and external legislation (Local Government Act 1995, Road Traffic Code 2000, Liquor Control Act 1988, etc.)","47+ defined terms in the interpretation section (clause 1.6), many with nested definitions","Multiple permit systems with overlapping conditions and exemptions","Detailed technical specifications for verge treatments, vehicle crossings, and tree protection zones","Nested exceptions and conditional permissions throughout (e.g., clause 3.12 lists 29 activities requiring permits, each with potential exemptions)","Transitional provisions preserving old signs as 'determinations' and grandfathering existing verge treatments","Three separate instruments published together with interrelated amendment mechanisms"],"plain_english_summary":"These are three Town of Cambridge local laws (Gazette 12 Jan 2018). The main Local Government and Public Property Local Law tightly controls use of council land and facilities—setting permit requirements, behaviour rules, protections for beaches, verges and trees, trolley controls, bonds/insurance and fines for breaches—affecting anyone using public spaces. The Private Property amendment makes minor cross‑reference corrections. The Waste amendment fixes a reference and adds a new right to object and appeal council waste decisions."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Private Property Amendment Local Law 2017 is narrowly technical: it updates citations to Australian Standards (replacing references such as '3500.2.2003' with '3500.2.2015' and standardises references to AS 4282) and corrects a clause cross‑reference (amendment cl.1.4(a)–(f)). Those edits do not change substantive obligations, penalties or enforcement under the principal Private Property Local Law. Separately, the Waste Amendment Local Law 2017 (inserted Part 5) does expand procedural rights by adding objection and appeal rights for specified waste decisions (see Waste amendment cl.1.5)."},"complexity_factors":["Length and breadth: the main instrument covers many domains (determinations, permits, behaviour, beaches, verges, vehicle crossings, golf course, community facilities, fees, secure sums, enforcement and Schedule of prescribed offences).","Interlocking legal framework: numerous cross‑references to the Local Government Act 1995, Regulations and other written laws (see cl.1.6(2), cl.11.6) increasing interpretive complexity.","Discretion and delegation: wide discretionary powers vested in the local government, Council, CEO and Authorised Persons (eg. determinations cl.2.1–2.6; permit decisions cl.3.3; directions cl.5.2), creating administrative variability and decision‑making risk.","Permit regime and conditions: detailed application, condition, renewal and cancellation rules create administrative compliance burdens for private users and businesses (Part 3: cl.3.2–3.11).","Enforcement architecture: multiple enforcement tools—written notices, power to do works and recover costs (cl.11.1–11.5; cl.13.2), impoundment (cl.12.3; cl.7.6), bonds/secure sums (Part 8: cl.8.1–8.2), infringement/penalty regime and Schedule 1—require operational capacity to implement.","Technical standards and references: the Private Property Amendment updates Australian Standard references (see amendment cl.1.4(a)–(f)), which can affect permitting/technical compliance requirements.","Procedural rights change in related instrument: the Waste Amendment inserts appeal/objection rights by reference to Division 1, Part 9 of the LG Act (Waste amendment cl.1.5 / inserted Part 5), altering review pathways for specified decisions.","Transitional and savings provisions: repeal of earlier local laws and transitional treatment of prior determinations and signs (cl.1.4; cl.2.9) affects legacy permissions and signage enforcement.","Granular prescriptive rules: many detailed, situation‑specific prohibitions (eg. beaches cl.5.4–5.11; verge treatment cl.9.2–9.4) increase the risk of inadvertent non‑compliance by residents or contractors."],"plain_english_summary":"This Gazette contains the Town of Cambridge’s new Local Government and Public Property Local Law 2017, a comprehensive code regulating use of local government and public property (permits, determinations, behaviour rules, fees, works, bonds, offences and enforcement). It also includes two narrow amendment instruments: the Private Property Amendment Local Law 2017, which makes technical corrections to the Town’s 2016 Private Property Local Law, and the Waste Amendment Local Law 2017, which adds objection and appeal rights for specified waste decisions."}},"importantCases":[],"_links":{"self":"/api/acts/private-property-amendment-local-law-2017","history":"/api/acts/private-property-amendment-local-law-2017/history","analysis":"/api/acts/private-property-amendment-local-law-2017/analysis","conflicts":"/api/acts/private-property-amendment-local-law-2017/conflicts","importantCases":"/api/acts/private-property-amendment-local-law-2017/important-cases","documents":"/api/acts/private-property-amendment-local-law-2017/documents"}}