{"id":"wa-local:narrogin-shire-of-repeal-and-amendment-local-law-2021","name":"Repeal and Amendment Local Law 2021","slug":"repeal-and-amendment-local-law-2021","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438628,"registerId":"wa-local:narrogin-shire-of-repeal-and-amendment-local-law-2021-pdf-1775954973723","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Repeal and Amendment Local Law 2021","content":"1\nISSN 2204-4264 (online)\nPERTH, THURSDAY, 6 JANUARY 2022 No. 1 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nLOCAL GOVERNMENT ACT 1995\nBUSH FIRES ACT 1954\nCAT ACT 2011\nCEMETERIES ACT 1986\nDOG ACT 1976\nSHIRE OF NARROGIN\nREPEAL AND AMENDMENT LOCAL LAW 2021\nUnder the powers conferred by the Bush Fires Act 1954, Cat Act 2011, Cemeteries Act 1986, Dog\nAct 1976 and the Local Government Act 1995 and under all other powers enabling it, the Council of the\nShire of Narrogin resolved on 15 December 2021 to adopt the following local law.\n1. Citation\nThis local law may be cited as the Shire of Narrogin Repeal and Amendment Local Law 2021.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\n3. Bylaws Relating to Signs, Hoards and Bill Posting repealed\nThe Municipality of the Town of Narrogin By-laws Relating to Signs, Hoardings and Bill Posting as\npublished in the Government Gazette on 18 July 1986 are repealed.\n4. Bush Fire Brigades Local Law 2017 amended\nThe Shire of Narrogin Bush Fire Brigades Local Law 2017 published in the Government Gazette on\n8 September 2017 is amended as follows—\n(a) delete clause 3.6;\n(b) after clause 3.5 insert—\n3.6 Training of bush fire control officers\n(1) The local government is to supply each bush fire control officer and Captain with\ninformation and training materials which may be relevant to the performance of the bush\nfire brigade officers’ functions, and any amendments made from time to time.\n(2) Bush fire control officers are required to complete appropriate training as determined\nby the CEO, and which may include recognised prior learning, within 12 months of\nappointment, unless a course has been completed within the 4 years prior to appointment\nas a bush fire control officer.\n(3) Bush fire control officers are required to complete appropriate training as determined\nby the CEO, and which may include recognition of prior learning, at least once every 5\nyears.\n(c) in clause 4.3(1) replace the words “No later than 30 April in” with the words “At least once”.\n5. Cats Local Law 2016 amended\nThe Shire of Narrogin Cats Local Law 2016 published in the Government Gazette on 8 August 2016 is\namended as follows—\n(a) in the Contents after “4.4 Additional conditions for approved cat breeders insert”—\n4.4A Variation of permit conditions\n(b) in clause 1.4 in the definition of central business zone; replace the word “mean” with the\nword “means”;\n(c) in clause 3.1(b) delete the second instance of the word “is”;\n(d) in subclauses 3.8(2) and (3) replace the words “the local government” with the words “an\nauthorised person” in each instance;\n\n2 GOVERNMENT GAZETTE, WA 6 January 2022\n(e) after clause 4.4 insert new clause—\n4.4A Variation of permit conditions\nAn authorised person may vary the conditions of a permit by giving not less than 14 days\nnotice.\n(f) In Schedule 3 after item 5 insert –\n5A 3.3(b) Keeping more than 4 cats without a permit 200\n6. Cemetery Local Law 2016 amended\nThe Shire of Narrogin Cemetery Local Law 2016 as published in the Government Gazette on 8 August\n2016 is amended as follows—\n(a) in the Contents delete—\n2.4 Pre-need certificate\n(b) in clause 1.5—\n(i) in the definition of natural stone after “ceramics” insert “, unpolished concrete”;\n(ii) delete the definition of pre-need certificate; and\n(iii) in the definition of standard grave replace the word “2m” with the word “2.4m”;\n(c) delete clause 2.4;\n(d) in clause 2.5 delete the words “or holder of a pre-need certificate under clause 2.4”;\n(e) in clause 3.5—\n(i) delete subclause (2); and\n(ii) in subclause (3) delete the words “or (2)”;\n(f) in clause 7.2 delete subclauses (1)(c)(iii) and (iv) and insert—\n(iii) the base of the monument measured across the width of the grave shall not exceed 1.2m;\nand\n(iv) the base of the monument measured along the length of the grave shall not exceed\n600mm;\n(g) in clause 7.3 delete subclauses (1)(c)(iv) and (v) and insert—\n(iv) the base of the headstone measured across the width of the grave shall not exceed 1.2m;\n(v) the base of the headstone measured along the length of the grave shall not exceed 300mm;\nand\n(h) in Schedule 2, under “Payments may be made”—\n(i) delete item (b); and\n(ii) insert—\n(b) by EFT (contact Shire office for details)\n7. Dogs Local Law 2016 amended\nThe Shire of Narrogin Dogs Local Law 2016 published in the Government Gazette on 8 August 2016 is\namended as follows—\n(a) the Contents—\n(i) delete—\n4.15 Objections and appeals\n(ii) insert in order—\n3.6A Variation of permit conditions\n6.3 Objections and review\n(b) after clause 3.6 insert new clause—\n3.6A Variation of permit conditions\nThe local government may vary the conditions of a permit by giving not less than\n14 days notice.\n(c) delete clause 4.15; and\n(d) after clause 6.2 insert—\n6.3 Objections and appeals\nAny person who is aggrieved by the conditions imposed in relation to a permit, the\nrevocation of a permit, or by the refusal of an authorised person to grant a permit may\nobject to or appeal against the decision under Division 1 of Part 9 of the Local\nGovernment Act 1995.\n8. Extractive Industries Local Law 2017 amended\nThe Shire of Narrogin Extractive Industries Local Law 2017 as published in the Government Gazette\non 8 September 2017 is amended as follows—\n(a) in clause 1.4 at the end of the definition of site replace the full stop with a semicolon;\n(b) in clause 3.1(1)(b)(i) and (2)(b) replace the word “CEO” with the words “local government” in\neach instance;\n\n6 January 2022 GOVERNMENT GAZETTE, WA 3\n(c) in clause 3.2(2)(j) after the words “Department of” insert the words “Water and”;\n(d) in clause 4.2(4) replace the word “CEO” with the words “local government” in each instance;\n(e) in clause 4.7(2)(c)(iii) insert the word “and” after the semi-colon;\n(f) in clause 5.3(a) after the words “Department of” insert the words “Water and”;\n(g) in clause 6.1(1)(c)(i) delete the word “by”;\n(h) delete clause 8.3 and insert—\n8.3 Local government may undertake requirements of notice\nIf a person fails to comply with a notice referred to in clause 8.1, the local government\nmay—\n(a) do the thing specified in the notice;\n(b) take whatever remedial action it considers appropriate and which would\nhave been if the breach or failure had not occurred; and\n(c) recover all costs from the licensee, as a debt.\n(i) after clause 10.3 insert—\n10.3A Issue of infringement notice\nWhere an authorised person has reason to believe that a person has committed an\noffence in respect of which a modified penalty may be imposed, he or she may issue to\nthat person a notice in the form of Form 2 of Schedule 1 of the Local Government\n(Functions and General) Regulations 1996.\n9. Fencing Law 2016 amended\nThe Shire of Narrogin Fencing Local Law 2016 as published in the Government Gazette on 6 December\n2016 is amended as follows—\n(a) in clause 1.5—\n(i) delete the definitions of central business lot, general agriculture lot, height and residential\nlot; and\n(ii) insert in order—\ncentral business lot means a lot zoned as central business under the local planning\nscheme;\ngeneral agriculture lot means a lot zoned as general agriculture under the local\nplanning scheme;\nheight in relation to a fence means the vertical distance between the top of the fence\nat any point and—\n(a) the ground level; or\n(b) where the ground levels on each side of the fence are not the same, the higher\nground level, immediately below that point;\nresidential lot means a lot zoned as residential under the local planning scheme;\n(b) in clause 3.5 replace the word “must” with the word “shall”;\n(c) in clause 3.8 replace the words “an authorised person” with the words “the local government in\naccordance with regulation 9 of the Local Government (Uniform Local Provisions)\nRegulations 1996”;\n(d) in clause 4.1 replace the word “must” with the word “shall”;\n(e) in clause 5.1(4) replace the word “must” with the word “shall”; and\n(f) in clause 5.2(3) replace the word “must” with the word “shall”.\n10. Meeting Procedures local Law 2016 amended\nThe Shire of Narrogin Meeting Procedures Local Law 2016 as published in the Government Gazette on\n8 August 2016 is amended as follows—\n(a) in clause 1.5(1)—\n(i) delete the definition of member; and\n(ii) insert in order—\nmember has the meaning given to it in section 1.4 of the Act, and where the context\npermits, a committee member;\n(b) in clause 2.1 after subclause (3) insert—\n(4) Unless earlier determined by Council, a Committee established by Council ceases\nto exist immediately prior to the first ordinary meeting of the Council held after the\nnext following ordinary local government election.\n(5) Council may re-establish the Committee by resolution until the first meeting held\nafter the next following ordinary local government election.\n(c) in clause 3.1(2) delete the words “on a twice monthly basis or otherwise”;\n(d) In clause 6.2(6) replace the words “Unless the Council resolves otherwise, once” with the word\n“Once”; and\n(e) In clause 18.7(2) replace the word “member” with the word “person”.\n\n4 GOVERNMENT GAZETTE, WA 6 January 2022\n11. Parking Local Law 2016 amended\nThe Shire of Narrogin Parking Local Law 2016 as published in the Government Gazette on 8 August\n2016 is amended as follows—\n(a) in the Contents—\n(i) delete—\n7.5 Issue of infringement notice\n7.6 Withdrawal of infringement notice\nSchedule 2—Infringement notice and notice requiring owner of vehicle to identify\nvehicle\n(ii) insert in order—\n7.5 Form of notices\n(b) delete clause 7.5 and insert—\n7.5 Form of notices\nFor the purposes of this local law—\n(a) the form of the notice referred to in section 9.13 of the Act is that of Form 1\nin Schedule 1 of the Local Government (Functions and General)\nRegulations 1996;\n(b) the form of the infringement notice referred to in section 9.17 of the Act is\nthat of Form 2 in Schedule 1 of the Local Government (Functions and\nGeneral) Regulations 1996; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form\n3 Schedule 1 of the Local Government (Functions and General)\nRegulations 1996.\n(c) delete clause 7.6; and\n(d) delete Schedule 2.\n12. Public Places and Local Government Property Local Law 2016 amended\nThe Shire of Narrogin Public Places and Local Government Property Local Law 2016 published in the\nGovernment Gazette on 6 December 2016 is amended as follows—\n(a) in clause 1.6(1) in the definition of licence delete the words “by the local government”;\n(b) in clause 2.1 replace the words “local government” where first appearing with the word\n“Council”;\n(c) in clause 2.2—\n(i) delete subclause (1) and insert—\n(1) The local government is to give local public notice of the intention to make a\ndetermination.\n(ii) in subclauses (2)(a), (3), (4), (5) and (6) replace the words “local government” with the\nword “Council” in each instance;\n(iii) in subclauses (5) and (6) replace the words “it is to give local public notice” with the words\n“local public notice is to be given” in each instance; and\n(iv) delete subclause (8);\n(d) in clause 2.6—\n(i) in subclauses (1) and (3) replace the words “local government” with the word “Council”\nin each instance; and\n(ii) in subclause (3) replace the words “it is to give local public notice” with the words “local\npublic notice is to be given”;\n(e) in clause 4.8 replace the words “the local government” with the words “an authorised person”;\n(f) in clause 6.13 in subclauses (1) and (2) replace the word “Council” with the words “the local\ngovernment” in each instance;\n(g) in clause 7.5(2)(b) replace the words “the local government” with the words “an authorised\nperson”;\n(h) in clause 9.7—\n(i) in subclause (1) replace the words “The CEO” with the words “An authorised person”;\nand\n(ii) in subclause (2) replace the words “CEO’s initiative” with the words “initiative of an\nauthorised person”;\n(i) in clause 9.9(1) replace the word “CEO” with the words “local government”;\n(j) in clause 9.11—\n(i) in subclause (1) replace the words “The CEO” with the words “An authorised person”;\n(ii) in subclause (2)(b) replace the word “CEO’s” with the words “authorised person’s”; and\n(iii) in subclause (2)(d) delete the word “CEO’s”;\n\n6 January 2022 GOVERNMENT GAZETTE, WA 5\n(k) in clause 9.12—\n(i) in subclause (1) replace the words “the CEO” with the words “an authorised person” and\nreplace the word “CEO” with the words “authorised person”; and\n(ii) in subclauses (2)(a), (2)(c) and (3) replace the word “CEO” with the words “authorised\nperson” in each instance;\n(l) in clause 9.13—\n(i) in subclause (1) replace the words “The CEO” with the words “An authorised person” and\nreplace the word “CEO” with the words “authorised person”; and\n(ii) in subclauses (2) replace the words “The CEO” with the words “An authorised person”;\n(m) in clause 9.15 replace the words “the CEO” with the words “an authorised person”;\n(n) in clause 9.16 replace the word “CEO” with the words “authorised person”; and\n(o) delete clause 9.18 and insert—\n9.18 Production of licence document for amendment\nIf an authorised person amends or renews a licence, the licensee must, if required by\nan authorised person, produce the licence document to the authorised person for\namendment within the period specified by the authorised person.\n———————————\nDated 20 December 2021\nThe Common Seal of the Shire of Narrogin was affixed by authority of a resolution of Council in the\npresence of—\nL.N. BALLARD, President.\nD.R. STEWART, Chief Executive Officer.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument modifies the operational scope of existing Shire local laws rather than creating a new regulatory domain. It repeals an old bylaw and alters how existing powers are exercised: decision authority is shifted toward Council or generic 'authorised persons' in many places; permit regimes gain a standardised 14‑day variation notice; bush fire officer duties now include mandatory training within set periods; extractive industries enforcement now expressly allows the local government to remediate and recover costs (clause 8.3); and infringement/form references are standardised to state regulation forms. These are concrete scope changes to who decides, who pays (licensees can be required to pay recovered costs), and the compliance and administrative burdens on officers, licence/permit holders and Council staff."},"complexity_factors":["Multiple separate local laws amended in one instrument (breadth increases administrative complexity)","Frequent role substitutions (CEO ↔ Council ↔ authorised person) altering decision‑maker and discretion points","Introduction of procedural deadlines (e.g. 14‑day notice to vary permits) creating new compliance timelines","New training obligations for bush fire control officers (timing and recurrence requirements)","Changes to enforcement powers (remedial action and cost recovery, issuance of infringement notices)","Technical amendments to definitions, dimensions and schedules (affecting permits, monuments, fees)","Removal and insertion of clauses across different Parts increasing cross‑referencing and consistency checks","Administrative impacts on recordkeeping (production/amendment of licence documents, revised forms)","Potential interplay with State regulations referenced (Local Government (Functions and General) Regs and Uniform Local Provisions)"],"plain_english_summary":"This instrument repeals an old Narrogin signs by-law and amends many Shire local laws (Bush Fire Brigades, Cats, Cemeteries, Dogs, Extractive Industries, Fencing, Meeting Procedures, Parking, Public Places). Mechanically it shifts decision‑making language (CEO → Council or authorised person), adds training rules for bush fire officers, creates a 14‑day notice process to vary permits, updates enforcement/remediation and cost‑recovery powers, and alters technical limits and payment options. It affects residents, licence/permit holders, brigade officers and Council staff by changing who decides, timing for notices, and compliance duties."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This legislation remains strictly within its original scope as a technical amendment and repeal instrument. It does not expand the Shire's regulatory powers into new areas; rather, it tidies existing laws, fixes errors, updates administrative procedures, and brings local laws into alignment with current state legislation. The removal of the pre-need certificate system actually narrows rather than expands regulatory scope."},"complexity_factors":["Amends 9 separate existing local laws simultaneously, requiring cross-referencing to understand the full effect","Contains numerous technical amendments (replacing 'CEO' with 'local government' or 'authorised person', changing 'must' to 'shall', fixing punctuation)","Includes nested conditional logic in the bushfire training clause (appointment timing vs. prior learning recognition vs. 5-year refreshers)","Removes entire clauses and systems (pre-need certificates, old infringement notice forms) while inserting new replacement provisions","Relies heavily on external references to state regulations (Local Government Act 1995, Local Government (Functions and General) Regulations 1996) without reproducing that content"],"plain_english_summary":"The Shire of Narrogin law tidies and modernises multiple local laws: it repeals obsolete bylaws, updates bushfire volunteer training, clarifies pet and cemetery rules, and corrects drafting and procedural errors across extractive industries, fencing, meetings, parking and public places. By shifting enforcement to authorised officers, streamlining permits and processes, and adding practical options (like EFT), it’s largely technical housekeeping to align local rules with current practice and state law, improving clarity and enforceability for staff and residents."}},"importantCases":[],"_links":{"self":"/api/acts/repeal-and-amendment-local-law-2021","history":"/api/acts/repeal-and-amendment-local-law-2021/history","analysis":"/api/acts/repeal-and-amendment-local-law-2021/analysis","conflicts":"/api/acts/repeal-and-amendment-local-law-2021/conflicts","importantCases":"/api/acts/repeal-and-amendment-local-law-2021/important-cases","documents":"/api/acts/repeal-and-amendment-local-law-2021/documents"}}