{"id":"wa-local:chapman-valley-shire-of-shire-of-chapman-valley-repeal-local-law-2016","name":"Shire of Chapman Valley Repeal Local Law 2016","slug":"shire-of-chapman-valley-repeal-local-law-2016","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437441,"registerId":"wa-local:chapman-valley-shire-of-shire-of-chapman-valley-repeal-local-law-2016-pdf-1775954260094","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"21","sectionType":"section","heading":"September 2016 GOVERNMENT GAZETTE, WA 4017","content":"21 September 2016 GOVERNMENT GAZETTE, WA 4017\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND\nTRADING LOCAL LAW 2016\nTABLE OF CONTENTS\n1.3 Definitions\n1.4 Application\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES","content":"PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"General","content":"Division 1—General\n2.1 General prohibitions\n2.2 Activities allowed with a permit—general\n2.3 No possession and consumption of liquor on thoroughfare\nDivision 2—Vehicle crossing\nSubdivision 1—Temporary crossings\n2.4 Permit required\nSubdivision 2—Redundant vehicle crossings\n2.5 Removal of redundant crossing\nDivision 3—Verge treatments\n2.6 Application\nSubdivision 2—Permissible verge treatments\n2.7 Permissible verge treatments\n2.8 Only permissible verge treatments to be installed\n2.9 Obligations of owner or occupier\n2.10 Notice to owner or occupier\nSubdivision 3—Existing verge treatments\n2.11 Transitional provision\nSubdivision 4—Public works\n2.12 Power to carry out public works on verge\nDivision 4—Property numbers\n2.13 Interpretation\nSubdivision 2—Assignment and marking of numbers\n2.14 Assignment of numbers\n\n4018 GOVERNMENT GAZETTE, WA 21 September 2016\nDivision 5—Fencing\n2.15 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nDivision 6—Signs erected by the local government\n2.16 Signs\n2.17 Transitional\nDivision 7—Driving on a closed thoroughfare\n2.18 No driving on closed thoroughfare\nPART 3—ADVERTISING SIGNS ON THOROUGHFARES\n3.1 Interpretation\nDivision 2—Permit\n3.2 Advertising signs and portable direction signs\n3.3 Matters to be considered in determining application for permit\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Conditions on permit","content":"Division 3—Conditions on permit\n3.4 Conditions on portable sign\n3.5 Conditions on election sign\n","sortOrder":3},{"sectionNumber":"Part 4","sectionType":"part","heading":"OBSTRUCTING ANIMALS and VEHICLES","content":"PART 4—OBSTRUCTING ANIMALS and VEHICLES\nDivision 1—Animals and vehicles\n4.1 Leaving animal or vehicle in public place or on local government property\n4.2 Prohibitions relating to animals\n","sortOrder":4},{"sectionNumber":"Part 5","sectionType":"part","heading":"ROADSIDE CONSERVATION","content":"PART 5—ROADSIDE CONSERVATION\n5.1 Interpretation\n5.2 Application\n","sortOrder":5},{"sectionNumber":"Div 2","sectionType":"division","heading":"Flora roads","content":"Division 2—Flora roads\n5.3 Declaration of flora road\n5.4 Construction works on flora roads\n5.5 Signposting of flora roads\n5.6 Driving only on carriageway of flora roads\nDivision 3—Special environmental areas\n5.7 Designation of special environmental areas\n5.8 Marking of special environmental areas\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Planting in thoroughfares","content":"Division 4—Planting in thoroughfares\n5.9 Permit to plant\n5.10 Relevant considerations in determining application\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Fire management","content":"Division 5—Fire management\n5.11 Permit to burn thoroughfare\n5.12 Application for permit\n5.13 When application for permit can be approved\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"Firebreaks","content":"Division 6—Firebreaks\n5.14 Permit for firebreaks on thoroughfares\n5.15 When application for permit cannot be approved\n","sortOrder":9},{"sectionNumber":"Div 7","sectionType":"division","heading":"Commercial wildflower harvesting on thoroughfares","content":"Division 7—Commercial wildflower harvesting on thoroughfares\n5.16 General prohibition on commercial wildflower harvesting\n5.17 Permit for revegetation projects\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4019\nPART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\nSubdivision 2—Permits\n6.2 Stallholder’s permit\n6.3 Trader’s permit\n6.4 Relevant considerations in determining application for permit\n6.5 Conditions of permit\n6.6 Exemptions from requirement to pay fee or to obtain a permit\nSubdivision 3—Conduct of stallholders and traders\n6.7 Conduct of stallholders and traders\nPART 7—PERMITS\nDivision 1—Applying for a permit\n7.1 Application for permit\n7.2 Decision on application for permit\nDivision 2—Conditions\n7.3 Conditions which may be imposed on a permit\n7.4 Imposing conditions under a policy\n7.5 Compliance with and variation of conditions\nDivision 3—General\n7.6 Duration of permit\n7.7 Renewal of permit\n7.8 Transfer of permit\n7.9 Production of permit\n7.10 Cancellation of permit\n","sortOrder":10},{"sectionNumber":"Part 8","sectionType":"part","heading":"OBJECTIONS AND APPEALS","content":"PART 8—OBJECTIONS AND APPEALS\n8.1 Application of Part 9 Division 1 of Act\n","sortOrder":11},{"sectionNumber":"Part 9","sectionType":"part","heading":"MISCELLANEOUS NOTICES","content":"PART 9—MISCELLANEOUS NOTICES\n9.1 Notice to redirect or repair sprinkler\n9.2 Hazardous plants\n9.3 Notice to repair damage to thoroughfare\n9.4 Notice to remove thing unlawfully placed on thoroughfare\n","sortOrder":12},{"sectionNumber":"Part 10","sectionType":"part","heading":"ENFORCEMENT","content":"PART 10—ENFORCEMENT\nDivision 1—Notices given under this local law\n10.1 Offence to fail to comply with notice\n10.2 Local government may undertake requirements of notice\nDivision 2—Offences and penalties\nSubdivision 1—General\n10.3 Offences\nSubdivision 2—Infringement notices and modified penalties\n10.4 Prescribed offences\n10.5 Forms\n","sortOrder":13},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"PRESCRIBED OFFENCES","content":"SCHEDULE 1—PRESCRIBED OFFENCES\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4021\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND\nTRADING LOCAL LAW 2016\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the Shire of Chapman Valley resolved on 17 August 2016 to make the following local\nlaw.\nThis local law may be cited as the Shire of Chapman Valley Activities in Thoroughfares and Public\nPlaces and Trading Local Law 2016.\nBy virtue of section 3.14 of the Act, this local law come into operation 14 days after the date of their\npublication in the Government Gazette.\n1.3 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Local Government Act 1995;\napplicant means a person who applies for a permit;\nauthorised person means a person authorised by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nbuilt-up area has the meaning given to it in the Road Traffic Code 2000;\nbulk rubbish container means a bin or container designed or used for holding a substantial\nquantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does\nnot include a bin or container used in connection with the local government’s regular\ndomestic rubbish collection service;\ncarriageway has the meaning given to it in the Road Traffic Code 2000;\nCEO means the chief executive officer of the local government;\ncommencement day means the day on which this local law comes into operation;\nCouncil means the council of the local government;\ncrossing means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\ndistrict means the district of the local government;\nfootpath has the meaning given to it in the Road Traffic Code 2000;\ngarden means any part of a thoroughfare planted, developed or treated, otherwise than as a\nlawn, with 1 or more plants;\nintersection has the meaning given to it in the Road Traffic Code 2000;\nkerb includes the edge of a carriageway;\nlawn means any part of a thoroughfare which is planted only with grass, or with a similar plant,\nbut will include any other plant provided that it has been planted by the local government;\nliquor has the meaning given to it in section 3 of the Liquor Control Act 1988;\nlocal government means the Shire of Chapman Valley;\nlocal government property means anything except a thoroughfare—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997; or\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act;\n\n","sortOrder":14},{"sectionNumber":"4022","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4022 GOVERNMENT GAZETTE, WA 21 September 2016\nlocal planning scheme means a town planning scheme of the local government made under the\nPlanning and Development Act 2005;\nlot has the meaning given to it in the Planning and Development Act 2005;\nowner or occupier in relation to land does not include the local government;\npermissible verge treatment means any 1 of the 4 treatments described in clause 2.8(2), and\nincludes any reticulation pipes and sprinklers;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\nperson does not include the local government;\npremises for the purpose of the definition of public place in both this clause and clause 6.1,\nmeans a building or similar structure, but does not include a carpark or a similar place;\npublic place includes any thoroughfare or place which the public are allowed to use, whether or\nnot the thoroughfare or place is on private property, but does not include—\n(a) premises on private property from which trading is lawfully conducted under a written\nlaw; and\n(b) local government property;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nrural means a sub-set of rural living, generally located on the outskirts of an existing town.\nRural settlement may also be used to describe proposals for rural living as this land use\nresults in people settling in rural areas;\nrural residential means a sub-set of rural living and a land use zone with land parcels from 1 to\n4 hectares in size and generally provided with scheme water and power supply;\nsign includes a notice, flag, mark, structure or device on which may be shown words, numbers,\nexpressions or symbols;\nthoroughfare has the meaning given to it in the Act, but does not include a private thoroughfare\nwhich is not under the management control of the local government;\ntownsite means the townsites of Nanson, Nabawa and Yuna which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Act;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise; and\n(b) an animal being ridden or driven,\nbut excludes—\n(a) a wheel-chair or any device designed for use by a physically impaired person on a\nfootpath; and\n(b) a pram, a stroller, a shopping trolley or a similar device; and\nverge means that part of a thoroughfare between the carriageway and the land which abuts the\nthoroughfare, but does not include any footpath.\n1.4 Application\nThis local law applies throughout the district.\n(1) The Activities On Thoroughfares And Trading In Thoroughfares And Public Places Local Law\npublished in the Government Gazette on 8 August 2000 is repealed.\n(2) Where a policy was made or adopted by the local government under or in relation to a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement day.\n(3) The Council may resolve that notwithstanding subclause (2) specified policies continue, or are to\nbe taken to have continued, to have effect on and from the commencement day.\nPART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—General\n2.1 General prohibitions\nA person shall not—\n(a) plant any plant (except grasses or a similar plant) within 10 metres of an intersection;\n(b) 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\n21 September 2016 GOVERNMENT GAZETTE, WA 4023\n(c) plant any plant (except grass or a similar plant) on a thoroughfare so that it is within 2m of a\ncarriageway;\n(d) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or\notherwise, but not water) which may create a hazard for any person using the footpath;\n(e) unless at the direction of the local government, damage, remove or interfere with any\nsignpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a\nthoroughfare by the local government or a person acting under the authority of a written law;\nor\n(f) play or participate in any game or sport so as to cause danger to any person or thing or\nimpede the movement of vehicles or persons on a thoroughfare.\n2.2 Activities allowed with a permit—general\n(1) A person shall not, without a permit—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) subject to Division 3 of this Part, throw, place or deposit any thing on a verge except for\nremoval by the local government under a bulk rubbish collection, and then only in accordance\nwith the terms and conditions and during the period of time advertised in connection with\nthat collection by the local government;\n(c) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare;\n(d) cause any obstruction to a water channel or a water course in a thoroughfare;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare;\n(f) damage a thoroughfare;\n(g) light any fire or burn any thing on a thoroughfare other than in a stove or fireplace provided\nfor that purpose or under a permit issued under clause 5.13;\n(h) fell any tree onto a thoroughfare;\n(i) unless installing, or in order to maintain, a permissible verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n(ii) place or install any thing on any part of a thoroughfare, and without limiting the\ngenerality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks,\nbricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust;\n(j) provide, erect, install or use in or on any building, structure or land abutting on a\nthoroughfare any hoist or other thing for use over the thoroughfare;\n(k) on a public place use anything or do anything so as to create a nuisance;\n(l) place or cause to be placed on a thoroughfare a bulk rubbish container; or\n(m) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n2.3 No possession and consumption of liquor on thoroughfare\n(1) A person shall not consume any liquor or have in her or his possession or under her or his control\nany liquor on a thoroughfare unless—\n(a) that is permitted under the Liquor Control Act 1988 or under another written law; or\n(b) the person is doing so in accordance with a permit.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nDivision 2—Vehicle crossing\n","sortOrder":15},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Temporary crossings","content":"Subdivision 1—Temporary crossings\n2.4 Permit required\n(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the\nlot, the person responsible for the works shall obtain a permit for the construction of a temporary\ncrossing to protect the existing carriageway, kerb, drains and footpath, where—\n(a) a crossing does not exist; or\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) The person responsible for the works in subclause (1) is to be taken to be—\n(a) the person named on the building permit issued under the Building Act 2011, if 1 has been\nissued in relation to the works; or\n(b) the registered proprietor of the lot, if no building permit has been issued under the Building\nAct 2011 in relation to the works.\n(3) If the local government approves an application for a permit for the purpose of subclause (1), the\npermit is taken to be issued on the condition that until such time as the temporary crossing is\nremoved, the permit holder shall keep the temporary crossing in good repair and in such a condition\nso as not to create any danger or obstruction to persons using the thoroughfare.\n\n","sortOrder":16},{"sectionNumber":"4024","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4024 GOVERNMENT GAZETTE, WA 21 September 2016\n","sortOrder":17},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Redundant vehicle crossings","content":"Subdivision 2—Redundant vehicle crossings\n2.5 Removal of redundant crossing\n(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be\nremoved and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the\nremoval are to be reinstated to the satisfaction of the local government.\n(2) The local government may give written notice to the owner or occupier of a lot requiring her or him\nto—\n(a) remove any part of or all of a crossing which does not give access to the lot; and\n(b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may\nbe affected by the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot shall comply with\nthat notice.\nDivision 3—Verge treatments\n2.6 Application\nThis Division only applies to the gazette townsites and areas zoned rural residential and residential\nas prescribed by the local planning scheme.\nSubdivision 2—Permissible verge treatments\n2.7 Permissible verge treatments\n(1) An owner or occupier of land which abuts on a verge may on that part of the verge directly in front\nof her or his land install a permissible verge treatment.\n(2) The permissible verge treatments are—\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\nthoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a\ndriveway on land adjacent to the thoroughfare for access to or from the thoroughfare;\nand\n(ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width\nof 2m along that part of the verge immediately adjacent to the kerb;\n(c) the installation of an acceptable material; or\n(d) the installation over no more than 1/3 of the area of the verge (excluding any vehicle crossing)\nof an acceptable material in accordance with paragraph (c), 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).\n2.8 Only permissible verge treatments to be installed\n(1) A person shall not install or maintain a verge treatment which is not a permissible verge\ntreatment.\n(2) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each\nto be taken to have installed and maintained that verge treatment for the purposes of this clause and\nclause 2.10.\n2.9 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permissible verge treatment shall—\n(a) keep the permissible verge treatment in a good and tidy condition and ensure, where the\nverge treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining\nthe verge is not obstructed by the verge treatment;\n(b) not place any obstruction on or around the verge treatment; and\n(c) not disturb a footpath on the verge.\n2.10 Notice to owner or occupier\nThe local government may give a notice in writing to the owner or the occupier of a lot abutting on a\nverge to make good, within the time specified in the notice, any breach of a provision of this Division.\n","sortOrder":18},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Existing verge treatments","content":"Subdivision 3—Existing verge treatments\n2.11 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\n21 September 2016 GOVERNMENT GAZETTE, WA 4025\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.\n","sortOrder":19},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Public works","content":"Subdivision 4—Public works\n2.12 Power to carry out public works on verge\nWhere the local government or an authority empowered to do so under a written law disturbs a verge,\nthe local government or the authority—\n(a) is not liable to compensate any person for that disturbance;\n(b) may backfill with sand, if necessary, any garden or lawn; and\n(c) is not liable to replace or restore any—\n(i) verge treatment and, in particular, any plant or any acceptable material or other hard\nsurface; or\n(ii) sprinklers, pipes or other reticulation equipment.\nDivision 4—Property numbers\n2.13 Interpretation\nIn this Division, unless the context requires otherwise—\nnumber means a number of a lot with or without an alphabetical suffix indicating the address of\nthe lot by reference to a thoroughfare.\nSubdivision 2—Assignment and marking of numbers\n2.14 Assignment of numbers\nThe local government may assign a number to a lot in the district and may assign another number to\nthe lot instead of that previously assigned.\nDivision 5—Fencing\n2.15 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nThe following places are specified as a public place for the purpose of item 4(1) of Division 1 of\n","sortOrder":20},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"1 of the Act—","content":"Schedule 3.1 of the Act—\n(a) a public place, as that term is defined in clause 1.2; and\n(b) local government property.\nDivision 6—Signs erected by the local government\n2.16 Signs\n(1) A local government may erect a sign on a public place specifying any conditions of use which apply\nto that place.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving\nnotice of the effect of a provision of this local law.\n2.17 Transitional\nWhere a sign erected on a public place has been erected under a local law of the local government\nrepealed by this local law, then on and from the commencement day, it is to be taken to be a sign\nerected under clause 2.17 if—\n(a) the sign specifies a condition of use relating to the public place which gives notice of the effect\nof a provision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\nDivision 7—Driving on a closed thoroughfare\n2.18 No driving on closed thoroughfare\n(1) A person shall not drive or take a vehicle on a closed thoroughfare unless—\n(a) that is in accordance with any limits or exceptions specified in the order made under section\n3.50 of the Act; or\n(b) the person has first obtained a permit.\n(2) In this clause—\nclosed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or\n3.50A of the Act.\n\n","sortOrder":21},{"sectionNumber":"4026","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4026 GOVERNMENT GAZETTE, WA 21 September 2016\n","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"ADVERTISING SIGNS ON THOROUGHFARES","content":"PART 3—ADVERTISING SIGNS ON THOROUGHFARES\n3.1 Interpretation\nIn this Part, unless the context otherwise requires—\nadvertising sign means a sign used for the purpose of advertisement and includes an “election\nsign”;\ndirection sign means a sign which indicates the direction of another place, activity or event, but\ndoes not include any such sign erected or affixed by the local government or the\nCommissioner of Main Roads;\nelection sign means a sign or poster which advertises any aspect of a forthcoming Federal, State\nor local government election;\nportable direction sign means a portable free standing direction sign; and\nportable sign means a portable free standing advertising sign.\nDivision 2—Permit\n3.2 Advertising signs and portable direction signs\n(1) A person shall not, without a permit—\n(a) erect or place an advertising sign on a thoroughfare; or\n(b) post any bill or paint, place or affix any advertisement on a thoroughfare.\n(2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign\nwhich neither exceeds 500mm in height nor 0.5m2 in area, provided that the sign is placed or erected\non a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or\nevent during the hours of that activity or event.\n(3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign—\n(a) on a footpath;\n(b) over any footpath where the resulting vertical clearance between the sign and the footpath is\nless than 2.5m;\n(c) on or within 3m of a carriageway;\n(d) in any other location where, in the opinion of the local government, the sign is likely to\nobstruct lines of sight along a thoroughfare or cause danger to any person using the\nthoroughfare; or\n(e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the\nstructural approaches to a bridge.\n3.3 Matters to be considered in determining application for permit\nIn determining an application for a permit for the purpose of clause 3.2(1), the local government is to\nhave regard to—\n(a) any other written law regulating the erection or placement of signs within the district;\n(b) the dimensions of the sign;\n(c) other advertising signs already approved or erected in the vicinity of the proposed location of\nthe sign;\n(d) whether or not the sign will create a hazard to persons using a thoroughfare; and\n(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant.\nDivision 3—Conditions on permit\n3.4 Conditions on portable sign\nIf the local government approves an application for a permit for a portable sign, the application is to\nbe taken to be approved subject to the following conditions—\n(a) the portable sign shall—\n(i) not exceed 1m in height;\n(ii) not exceed an area of 1m2 on any side;\n(iii) relate only to the business activity described on the permit;\n(iv) contain letters not less than 200mm in height;\n(v) not be erected in any position other than immediately adjacent to the building or the\nbusiness to which the sign relates;\n(vi) be removed each day at the close of the business to which it relates and not be erected\nagain until the business next opens for trading;\n(vii) be secured in position in accordance with any requirements of the local government;\n(viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access\nto a place by any person; and\n(ix) be maintained in good condition; and\n(b) no more than 1 portable sign shall be erected in relation to the 1 building or business.\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4027\n3.5 Conditions on election sign\nIf the local government approves an application for a permit for the erection or placement of an\nelection sign on a thoroughfare, the application is to be taken to be approved subject to the sign—\n(a) being erected at least 30m from any intersection;\n(b) being free standing and not being affixed to any existing sign, post, power or light pole, or\nsimilar structure;\n(c) being placed so as not to obstruct or impede the reasonable use of a thoroughfare, or access to\na place by any person;\n(d) being placed so as not to obstruct or impede the vision of a driver of a vehicle entering or\nleaving a thoroughfare or crossing;\n(e) being maintained in good condition;\n(f) not being erected until the election to which it relates has been officially announced;\n(g) being removed within 24 hours of the close of polls on voting day;\n(h) not being placed within 100m of any works on the thoroughfare;\n(i) being securely installed;\n(j) not being an illuminated sign;\n(k) not incorporating reflective or fluorescent materials; and\n(l) not displaying only part of a message which is to be read with other separate signs in order to\nobtain the whole message.\nPART 4—OBSTRUCTING ANIMALS AND VEHICLES\nDivision 1—Animals and vehicles\n4.1 Leaving animal or vehicle in public place or on local government property\n(1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on\nlocal government property so that it obstructs the use of any part of that public place or local\ngovernment property, unless that person has first obtained a permit or is authorised to do so under a\nwritten law.\n(2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not\nexceeding 1 hour.\n(3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding\n24 hours.\n4.2 Prohibitions relating to animals\n(1) In subclause (2), owner in relation to an animal includes—\n(a) an owner of it;\n(b) a person in possession of it;\n(c) a person who has control of it; and\n(d) a person who ordinarily occupies the premises where the animal is permitted to stay.\n(2) An owner of an animal shall not—\n(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the\nthoroughfare as a thoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a\npublic place; or\n(c) train or race the animal on a thoroughfare.\n(3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare in a built-up area,\nunless that person does so under a permit or under the authority of a written law.\nPART 5—ROADSIDE CONSERVATION\n5.1 Interpretation\nIn this Part—\nMRWA means Main Roads Western Australia;\nprotected flora has the meaning given to it in section 6(1) of the Wildlife Conservation Act 1950;\nrare flora has the meaning given to it in section 23F of the Wildlife Conservation Act 1950;\nRoadside Conservation Committee means the Roadside Conservation Committee appointed by\nthe Minister for Environment; and\nspecial environmental area means an area designated as such under clause 5.7.\n5.2 Application\nThis Part does not apply to the townsite.\n\n","sortOrder":23},{"sectionNumber":"4028","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4028 GOVERNMENT GAZETTE, WA 21 September 2016\nDivision 2—Flora roads\n5.3 Declaration of flora road\nThe local government may declare a thoroughfare which has, in the opinion of the local government,\nhigh quality roadside vegetation to be a flora road.\n5.4 Construction works on flora roads\nConstruction and maintenance work carried out by the local government on a flora road is to be in\naccordance with the Handbook of Environmental Practice for Road Construction and Road\nMaintenance Works.\n5.5 Signposting of flora roads\nThe local government may signpost flora roads with the standard MRWA flora road sign.\n5.6 Driving only on carriageway of flora roads\n(1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the\ncarriageway.\n(2) Subclause (1) does not apply where—\n(a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the\ncarriageway;\n(b) there is no carriageway; or\n(c) an exemption from the application of subclause (1) has been obtained from the local\ngovernment.\nDivision 3—Special environmental areas\n5.7 Designation of special environmental areas\nThe local government may designate a thoroughfare, or any part of a thoroughfare, as a special\nenvironmental area which—\n(a) has protected flora or rare flora; or\n(b) in the opinion of the local government, has environmental, aesthetic or cultural significance.\n5.8 Marking of special environmental areas\nThe local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare,\ndesignated as a special environmental area.\nDivision 4—Planting in thoroughfares\n5.9 Permit to plant\nA person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a\n5.10 Relevant considerations in determining application\nIn determining an application for a permit for the purpose of clause 5.9, the local government is to\nhave regard to—\n(a) existing vegetation within that part of the thoroughfare in which the planting is to take place;\nand\n(b) the diversity of species and the prevalence of the species which are to be planted or sown.\nDivision 5—Fire management\n5.11 Permit to burn thoroughfare\nA person shall not burn part of a thoroughfare without first obtaining a permit or unless acting under\nthe authority of any other written law.\n5.12 Application for permit\nIn addition to the requirements of clause 7.1(2), an application for a permit for the purposes of clause\n5.13 shall—\n(a) include a sketch plan showing the portions of a thoroughfare which are proposed to be\nburned; and\n(b) advise of the estimated fire intensity and the measures to be taken to protect upper storey\nvegetation from the burn.\n5.13 When application for permit can be approved\nThe local government may approve an application for a permit for the purpose of clause 5.13 only if\nthe burning of the particular part of the thoroughfare will—\n(a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the\nuse of herbicides, are considered by the local government to be not feasible or more\ndetrimental to native flora and fauna than burning; or\n(b) in the opinion of the local government, be beneficial for the preservation and conservation of\nnative flora and fauna.\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4029\nDivision 6—Firebreaks\n5.14 Permit for firebreaks on thoroughfares\nA person shall not construct a firebreak on a thoroughfare without first obtaining a permit.\n5.15 When application for permit cannot be approved\n(1) The local government is not to approve an application for a permit for the purpose of clause 5.17\nwhere the thoroughfare is equal to or less than 20m wide.\n(2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government,\ndesirable for the protection of roadside vegetation.\nDivision 7—Commercial wildflower harvesting on thoroughfares\n5.16 General prohibition on commercial wildflower harvesting\nSubject to clause 5.17, a person shall not commercially harvest native flora on a thoroughfare.\n5.17 Permit for revegetation projects\n(1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a\n(2) The local government may approve an application for a permit under subclause (1) only where—\n(a) the seed is required for a revegetation project in any part of the district; and\n(b) the thoroughfare, or the relevant part of it, is not a special environmental area.\n(3) Unless the local government specifically provides to the contrary on a permit, if the local\ngovernment approves an application for a permit for the purpose of subclause (1) it is to be taken to be\napproved subject to the following conditions—\n(a) the collection of the seed is to be carried out so as not to endanger the long time survival of\nthe native flora on the thoroughfare; and\n(b) any licence or approval which may be required under any other written law is to be obtained\nby the applicant.\n","sortOrder":24},{"sectionNumber":"Part 6","sectionType":"part","heading":"TRADING IN THOROUGHFARES AND PUBLIC PLACES","content":"PART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\nIn this Division, unless the context otherwise requires—\nCompetition Principles Agreement means the Competition Principles Agreement executed by\neach State and Territory of the Commonwealth and the Commonwealth of Australia on\n11 April 1995;\npublic place includes—\n(a) any thoroughfare or place which the public are allowed to use whether or not the\nthoroughfare or place is on private property; and\n(b) local government property;\nbut does not include premises on private property from which trading is lawfully conducted\nunder a written law.\nstall means a movable or temporarily fixed structure, stand or table in, on or from which goods or\nservices are sold, hired or offered for sale or hire;\nstallholder means a person in charge of a stall;\nstallholder’s permit means a permit issued to a stallholder;\ntrader means a person who carries on trading;\ntrader’s permit means a permit issued to a trader; and\ntrading includes—\n(a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods\nor services in a public place;\n(b) displaying goods in any public place for the purpose of—\n(i) offering them for sale or hire;\n(ii) inviting offers for their sale or hire;\n(iii) soliciting orders for them; or\n(iv) carrying out any other transaction in relation to them; and\n(c) the going from place to place, whether or not public places, and—\n(i) offering goods or services for sale or hire; or\n(ii) inviting offers or soliciting orders for the sale or the hire of goods or services,\nbut does not include—\n(d) the delivery of pre-ordered goods or services to the purchaser of those goods or services or\nto the person nominated by the purchaser of those goods or services whether or not\npayment for those goods or services is accepted on delivery; or\n\n","sortOrder":25},{"sectionNumber":"4030","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4030 GOVERNMENT GAZETTE, WA 21 September 2016\n(e) the taking of further orders for goods or services from the purchaser of those pre-ordered\ngoods or services or from the person nominated by the purchaser of those pre-ordered\ngoods or services when those orders are taken at the same time as a previous order is\nbeing delivered, whether or not payment is made for those goods or services at the time of\ntaking the order;\n(f) the setting up of a stall or the conducting of a business at a stall under the authority of a\nstallholder’s permit;\n(g) the selling or the offering for sale of goods and services to, or the soliciting of orders for\ngoods and services from a person who sells those goods or services;\n(h) the selling or the offering for sale or hire by a person of goods of her or his own\nmanufacture or services which he or she provides; and\n(i) the selling or hiring or the offering for sale or hire of—\n(i) goods by a person who represents a manufacturer of the goods; or\n(ii) services by a person who represents a provider of the services,\nwhich are only sold directly to consumers and not through a shop.\nSubdivision 2—Permits\n6.2 Stallholder’s permit\n(1) A person shall not conduct a stall on a public place unless that person is—\n(a) the holder of a valid stallholder’s permit; or\n(b) an assistant specified in a valid stallholder’s permit.\n(2) Every application for a stallholder’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants to be engaged by the applicant in conducting the\nstall, as well as their names and addresses if already engaged;\n(c) specify the proposed location of the stall;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of operation;\n(e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the\nstall; and\n(f) be accompanied by an accurate plan and description of the proposed stall.\n6.3 Trader’s permit\n(1) A person shall not carry on trading unless that person is—\n(a) the holder of a valid trader’s permit; or\n(b) an assistant specified in a valid trader’s permit.\n(2) Every application for a trader’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading,\nas well as their names and addresses if already engaged;\n(c) specify the location or locations in which the applicant proposes to trade;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of trading;\n(e) specify the proposed goods or services which will be traded; and\n(f) be accompanied by an accurate plan and description of any proposed structure or vehicle\nwhich may be used by the applicant in trading.\n6.4 Relevant considerations in determining application for permit\n(1) In determining an application for a permit for the purposes of this Division, the local government\nis to have regard to—\n(a) any relevant policies of the local government;\n(b) the desirability of the proposed activity;\n(c) the location of the proposed activity;\n(d) the principles set out in the Competition Principles Agreement; and\n(e) such other matters as the local government may consider to be relevant in the circumstances\nof the case.\n(2) The local government may refuse to approve an application for a permit under this Division on any\n1 or more of the following grounds—\n(a) that the applicant has committed a breach of any provision of this local law or of any written\nlaw relevant to the activity in respect of which the permit is sought;\n(b) that the applicant is not a desirable or suitable person to hold a permit; or\n(c) that—\n(i) the applicant is an undischarged bankrupt or is in liquidation;\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4031\n(ii) the applicant has entered into any composition or arrangement with creditors; or\n(iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager has been\nappointed in relation to any part of the applicant’s undertakings or property.\n6.5 Conditions of permit\n(1) If the local government approves an application for a permit under this Division subject to\nconditions, those conditions may include—\n(a) the place, the part of the district, or the thoroughfare to which the permit applies;\n(b) the days and hours during which a permit holder may conduct a stall or trade;\n(c) the number, type, form and construction, as the case may be, of any stand, table, structure or\nvehicle which may be used in conducting a stall or in trading;\n(d) the goods or services in respect of which a permit holder may conduct a stall or trade;\n(e) the number of persons and the names of persons permitted to conduct a stall or trade;\n(f) the requirement for personal attendance at the stall or the place of trading by the permit\nholder and the nomination of assistants, nominees or substitutes for the permit holder;\n(g) whether and under what terms the permit is transferable;\n(h) any prohibitions or restrictions concerning the—\n(i) causing or making of any noise or disturbance which is likely to be a nuisance to\npersons in the vicinity of the permit holder;\n(ii) the use of amplifiers, sound equipment and sound instruments;\n(iii) the use of signs; and\n(iv) the use of any lighting apparatus or device;\n(i) the manner in which the permit holder’s name and other details of a valid permit are to be\ndisplayed;\n(j) the care, maintenance and cleansing of the stall or any structure used for trading and the\nplace of the stall or any structure;\n(k) the vacating of the place of a stall or trading when the stall is not being conducted or trading\nis not being carried on;\n(l) the acquisition by the stallholder or trader of public risk insurance;\n(m) the period for which the permit is valid; and\n(n) the designation of any place or places where trading is wholly or from time to time prohibited\nby the local government.\n(2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply\nwith this local law, the local government may at the request of that permit holder authorize another\nperson to be a nominee of the permit holder for a specified period, and this local law and the\nconditions of the permit shall apply to the nominee as if he or she was the permit holder.\n6.6 Exemptions from requirement to pay fee or to obtain a permit\ncharitable organisation means an institution, association, club, society or body whether\nincorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,\neducational, recreational, sporting or other like nature and from which any member does not\nreceive any pecuniary profit except where the member is an employee or the profit is an\nhonorarium; and\ncommercial participant means any person who is involved in operating a stall or in conducting\nany trading activity for personal gain or profit.\n(2) The local government may waive any fee required to be paid by an applicant for a stallholder’s\npermit or a trader’s permit on making an application for or on the issue of a permit, or may return\nany such fee which has been paid, if the stall is conducted or the trading is carried on—\n(a) on a portion of a public place adjoining the normal place of business of the applicant; or\n(b) by a charitable organisation that does not sublet space to, or involve commercial participants\nin the conduct of a stall or trading, and any assistants that may be specified in the permit are\nmembers of that charitable organisation.\n(3) The local government may exempt a person or a class of persons, whether or not in relation to a\nspecified public place, from the requirements of this Division.\nSubdivision 3—Conduct of stallholders and traders\n6.7 Conduct of stallholders and traders\n(1) A stallholder while conducting a stall or a trader while trading shall—\n(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary\nstructure or if there is no stall, vehicle or temporary structure, carry the permit with her or\nhim while conducting a stall or trading;\n(b) not display a permit unless it is a valid permit; and\n(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in\naccordance with the provisions of the National Measurements Act 1960 (Cth).\n\n","sortOrder":26},{"sectionNumber":"4032","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4032 GOVERNMENT GAZETTE, WA 21 September 2016\n(2) A stallholder or trader shall not—\n(a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to\nobstruct the movement of pedestrians or vehicles;\n(b) act in an offensive manner;\n(c) use or cause to be used any apparatus or device including any flap or shelf, whereby the\ndimensions of a stall, vehicle or structure are increased beyond those specified in the permit;\nor\n(d) in the case of a trader, carry on trading from a public place, unless there is adequate parking\nfor customers’ vehicles reasonably close to the place of trading.\n","sortOrder":27},{"sectionNumber":"Part 7","sectionType":"part","heading":"PERMITS","content":"PART 7—PERMITS\nDivision 1—Applying for a permit\n7.1 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(a) be in the form determined by the local government from time to time;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\n(d) be forwarded to the CEO together with any fee imposed and determined by the local\ngovernment 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\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n7.2 Decision on application for permit\n(1) The local government may—\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant a permit\nin the form 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.\n(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which\nare to be taken to be imposed on a permit, the clause does not limit the power of the local government\nto impose other conditions on the permit under subclause (1)(a).\n(5) Where a clause of this local law refers to the grounds on which an application for a permit may be\nor is to be refused, the clause does not limit the power of the local government to refuse the\napplication for a permit on other grounds under subclause (1)(b).\nDivision 2—Conditions\n7.3 Conditions which may be imposed on a permit\nThe local government may approve an application for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit;\n(c) the commencement of the permit being contingent on the happening of an event;\n(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(e) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(f) the area of the district to which the permit applies;\n(g) where a permit is issued for an activity which will or may cause damage to a public place, the\npayment of a deposit or bond against such damage;\n(h) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government; and\n(i) the provision of an indemnity from the permit holder indemnifying the local government in\nrespect of any injury to any person or any damage to any property which may occur in\nconnection with the use of the public place by the permit holder.\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4033\n7.4 Imposing conditions under a policy\npolicy means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 7.2(1)(a).\n(2) Under clause 7.2(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government is to give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 7.2(2).\n(4) An application for a permit is to be taken not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken\nto be information within section 5.94(u)(i) of the Act.\n7.5 Compliance with and variation of conditions\n(1) Where an application for a permit has been approved subject to conditions, or where a permit is to\nbe taken to be subject to conditions under this local law, the permit holder shall comply with each of\nthose conditions.\n(2) The local government may vary the conditions of a permit, and the permit holder shall comply\nwith those conditions as varied.\nDivision 3—General\n7.6 Duration of permit\nA permit is valid for 1 year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the permit; or\n(b) cancelled under clause 7.10.\n7.7 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of—\n(a) this Part; and\n(b) any other provision of this local law relevant to the permit which is to be renewed,\nshall apply to an application for the renewal of a permit with all the necessary changes as required.\n7.8 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 CEO together with any fee imposed and determined by the local\ngovernment 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—\n(a) an endorsement on the permit signed by the CEO; or\n(b) issuing to the transferee a permit in the form determined by the local government.\n(4) Where the local government approves an application for the transfer of a permit, it is not required\nto refund any part of any fee paid by the former permit holder.\n7.9 Production of permit\nA permit holder is to produce to an authorised person her or his permit immediately upon being\nrequired to do so by that authorised person.\n7.10 Cancellation of permit\n(1) Subject to clause 8.1, a permit may be cancelled by the local government if the permit holder has\nnot complied with a—\n(a) condition of the permit; or\n(b) provision of any written law which may relate to the activity regulated by the permit.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the local government; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\n\n","sortOrder":28},{"sectionNumber":"4034","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4034 GOVERNMENT GAZETTE, WA 21 September 2016\nPART 8—OBJECTIONS AND APPEALS\n8.1 Application of Part 9 Division 1 of Act\nWhen the local government makes a decision—\n(a) under clause 7.2(1); or\n(b) as to whether it will renew, vary, or cancel a permit,\nthe provisions of the Local Government Act 1995 apply to that decision.\nPART 9—MISCELLANEOUS NOTICES\n9.1 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.\n9.2 Hazardous plants\n(1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the\nlocal government may give a notice to the owner or the occupier of the land abutting on the garden to\nremove, cut, move or otherwise deal with that plant so as to remove the hazard.\n(2) Subclause (1) does not apply where the plant was planted by the local government.\n9.3 Notice to repair damage to thoroughfare\nWhere any portion of a thoroughfare has been damaged, the local government may by notice to the\nperson who caused the damage order the person to repair or replace that portion of the thoroughfare\nto the satisfaction of the local government.\n9.4 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.\nPART 10—ENFORCEMENT\nDivision 1—Notices given under this local law\n10.1 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 the person fails to comply with the notice, the person commits an offence.\n10.2 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 10.1, the local government may do\nthe thing specified in the notice and recover from that person, as a debt, the costs incurred in so\ndoing.\nDivision 2—Offences and penalties\nSubdivision 1—General\n10.3 Offences\n(1) Any person who fails to do anything required or directed to be done under this local law, or who\ndoes anything which under this local law that person is prohibited from doing, commits an offence.\n(2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\nSubdivision 2—Infringement notices and modified penalties\n10.4 Prescribed offences\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.\n10.5 Forms\nUnless otherwise specified, for the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Regulations.\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4035\nSCHEDULE 1\nPRESCRIBED OFFENCES\n[Clause 10.4]\nClause Description Modified\nPenalty $\n1 2.1(a) Plant any plant (except grasses or a similar plant) within 10 metres\nof an intersection;\n2 2.1(b) Damaging lawn or garden 125\n3 2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 125\n4 2.1(d) Placing hazardous substance on footpath 125\n5 2.1(e) Damaging or interfering with signpost or structure on thoroughfare 350\n6 2.1(f) Playing games so as to impede vehicles or persons on thoroughfare 125\n7 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 125\n8 2.2(1)(b) Throwing or placing anything on a verge without a permit 125\n9 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a\npermit\n10 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a\npermit\n11 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a permit 250\n12 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350\n13 2.2(1)(h) Felling tree onto thoroughfare without a permit 125\n14 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 125\n15 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over a\nthoroughfare without a permit\n16 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 125\n17 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a permit 125\n18 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 125\n19 2.3(1) Consumption or possession of liquor on thoroughfare 125\n20 2.4(1) Failure to obtain permit for temporary crossing 250\n21 2.5(2) Failure to comply with notice to remove crossing and reinstate kerb 350\n22 2.8(1) Installation of verge treatment other than permissible verge\ntreatment\n23 2.9 Failure to maintain permissible verge treatment or placement of\nobstruction on verge\n24 2.10 Failure to rectify a verge treatment 125\n25 2.16(2) Failure to comply with sign on public place 125\n26 2.18(1) Driving or taking a vehicle on a closed thoroughfare 350\n27 3.2(1) Placing advertising sign or affixing any advertisement on a\nthoroughfare without a permit\n28 3.2(3) Erecting or placing of advertising sign in a prohibited area 125\n29 4.1(1) Animal or vehicle obstructing a public place or local government\nproperty\n30 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125\n31 4.2(2)(b) Animal on public place with infectious disease 125\n32 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 125\n33 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 125\n34 5.6(1) Driving a vehicle on other than the carriageway of a flora road 250\n35 5.9 Planting in thoroughfare without a permit 250\n36 5.11 Burning of thoroughfare without a permit 500\n37 5.16 Commercial harvesting of native flora on thoroughfare 500\n38 5.17(1) Collecting seed from native flora on thoroughfare without a permit 350\n39 6.2(1) Conducting of stall in public place without a permit 350\n40 6.3(1) Trading without a permit 350\n41 6.7(1)(a) Failure of stallholder or trader to display or carry permit 125\n42 6.7(1)(b) Stallholder or trader not displaying valid permit 125\n43 6.7(1)(c) Stallholder or trader not carrying certified scales when selling goods\nby weight\n44 6.7(2) Stallholder or trader engaged in prohibited conduct 125\n\n","sortOrder":29},{"sectionNumber":"4036","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4036 GOVERNMENT GAZETTE, WA 21 September 2016\nClause Description Modified\nPenalty $\n45 7.5 Failure to comply with a condition of a permit 125\n46 7.9 Failure to produce permit on request of authorised person 125\n47 10.1 Failure to comply with notice given under local law 125\n————\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4037\nDOG ACT 1976\nCONTENTS\n1.3 Application\n1.4 Repeal\n1.5 Interpretation\nPART 2—IMPOUNDING OF DOGS\n2.1 Charges and costs\n2.2 Attendance of pound keeper at pound\n2.3 Release of impounded dog\nPART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS\n3.1 Dogs to be confined\n3.2 Limitation on the number of dogs\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Interpretation\n4.2 Application for licence for approved kennel establishment\n4.3 Notice of proposed use\n4.4 Exemption from notice requirements\n4.5 When application can be determined\n4.6 Determination of application\n4.7 Where application cannot be approved\n4.8 Conditions of approval\n4.9 Fees\n4.10 Form of licence\n4.11 Period of licence\n4.12 Variation or cancellation of licence\n4.13 Transfer\n4.14 Notification\n4.15 Inspection of kennel\nPART 5—MISCELLANEOUS\n5.1 Offence to excrete\nPART 6—ENFORCEMENT\n6.2 Modified penalties\n6.3 Issue of infringement notice\n6.4 Failure to pay modified penalty\n6.5 Payment of modified penalty\n\n","sortOrder":30},{"sectionNumber":"4038","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4038 GOVERNMENT GAZETTE, WA 21 September 2016\n6.6 Withdrawal of infringement notice\n6.7 Service\nSCHEDULE 1\nSCHEDULE 2\nSCHEDULE 3\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4039\nDOG ACT 1976\nUnder the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other\npowers enabling it, the Council of the Shire of Chapman Valley resolved on 17 August 2016 to make\nthe following local law.\nThis local law may be cited as the Shire of Chapman Valley Dogs Local Law 2016.\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nThe Shire of Chapman Valley Dogs Local Law as published in the Government Gazette on 8 August\n2000 is repealed.\n1.5 Interpretation\nIn this local law unless the context otherwise requires—\nAct means the Dog Act 1976;\nauthorised person means a person appointed by the local government to perform all or any of\nthe functions conferred on an authorised person under this local law;\nCEO means the Chief Executive Officer of the local government;\ndangerous dog has the meaning given under the Act;\ndistrict means the district of the local government;\nlocal government means the Shire of Chapman Valley;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference.\npound keeper means a person authorised by the local government to perform all or any of the\nfunctions conferred on a “pound keeper” under this local law;\npremises has the meaning given under the Act;\nRegulations means the Dog Regulations 2013;\nSchedule means a schedule in this local law;\nthoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and\ntown planning scheme means a town planning scheme made by the local government under the\nPlanning and Development Act 2005 which applies throughout the whole or a part of the\ndistrict.\ntownsite means the townsites of Nanson, Nabawa and Yuna which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Act.\n\n","sortOrder":31},{"sectionNumber":"4040","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4040 GOVERNMENT GAZETTE, WA 21 September 2016\nPART 2—IMPOUNDING OF DOGS\n2.1 Charges and costs\nThe following are to be imposed and determined by the local government under sections 6.16 to 6.19\nof the Local Government Act 1995—\n(a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding\nof a dog;\n(b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or\non a day other than those determined under clause 2.2; and\n(c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act.\n2.2 Attendance of pound keeper at pound\nThe pound keeper is to be in attendance at the pound for the release of dogs at the times and on the\ndays of the week as are determined by the CEO.\n2.3 Release of impounded dog\n(1) A claim for the release of a dog seized and impounded is to be made to the pound keeper or in the\nabsence of the pound keeper, to the CEO.\n(2) The pound keeper is not to release a dog seized and impounded to any person unless that person\nhas produced, to the satisfaction of the pound keeper, satisfactory evidence—\n(a) of her or his ownership of the dog or of her or his authority to take delivery of it; or\n(b) that he or she is the person identified as the owner on a microchip implanted in the dog.\nPART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS\n3.1 Dogs to be confined\n(1) An occupier of premises on which a dog is kept must—\n(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of\nconfining the dog;\n(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height\nand construction which having regard to the breed, age, size and physical condition of the dog\nis capable of preventing the dog at all times from passing over, under or through it;\n(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the\npremises (unless the gate is temporarily opened in a manner that ensures that the dog\nremains confined) and is fitted with a proper latch or other means of fastening it;\n(d) maintain the fence and all gates and doors in the fence in good order and condition; and\n(e) where no part of the premises consists of open space, yard or garden or there is no open space\nor garden or yard of which the occupier has exclusive use or occupation, ensure that other\nmeans exist on the premises (other than the tethering of the dog) for effectively confining the\ndog within the premises.\n(2) Where an occupier fails to comply with subclause (1), he or she commits an offence.\n(3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act\nand the Regulations\n3.2 Limitation on the number of dogs\n(1) This clause does not apply to premises which have been—\n(a) licensed under Part 4 as an approved kennel establishment; or\n(b) granted an exemption under section 26(3) of the Act.\n(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of\nsection 26(4) of the Act—\n(a) 2 dogs over the age of 3 months and the young of those dogs under that age if the premises\nare situated within a townsite, or properties outside townsites up to a maximum of 40ha; or\n(b) 4 dogs over the age of 3 months and the young of those dogs under that age if the premises\nare situated outside a townsite and have an area greater than 40ha.\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Interpretation\nIn this Part and in Schedule 2—\nlicence means a licence to keep an approved kennel establishment on premises;\nlicensee means the holder of a licence;\npremises, in addition to the meaning given to it in section 3 of the Act, means the premises\ndescribed in the application for a licence; and\ntransferee means a person who applies for the transfer of a licence to her or him under\nclause 4.13.\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4041\n4.2 Application for licence for approved kennel establishment\nAn application for a licence must be made in the form of that in Schedule 1, and must be lodged with\nthe local government together with—\n(a) plans and specifications of the kennel establishment, including a site plan;\n(b) copies of the notices to be given under clause 4.3;\n(c) written evidence that either the applicant or another person who will have the charge of the\ndogs, will reside on the premises or, in the opinion of the local government, sufficiently close\nto the premises so as to control the dogs and so as to ensure their health and welfare;\n(d) a written acknowledgement that the applicant has read and agrees to comply with any code\nof practice relating to the keeping of dogs nominated by the local government; and\n(e) the fee for the application for a licence referred to in clause 4.9(1).\n4.3 Notice of proposed use\n(1) An applicant for a licence must give notice of the proposed use of the premises as an approved\nkennel establishment after the application for a licence has been lodged—\n(a) once in a newspaper circulating in the district; and\n(b) to the owners and occupiers of any premises adjoining the premises.\n(2) The notices in subclause (1) must specify that—\n(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days\nof the date the notice is given; and\n(b) the application and plans and specifications may be inspected at the offices of the local\ngovernment.\n(3) Where—\n(a) the notices given under subclause (1) do not clearly identify the premises; or\n(b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in\nthe opinion of the local government, would fail to serve the purpose of notifying persons of the\nproposed use of the premises,\nthen the local government may refuse to determine the application for a licence until the notices or\nnotice, as the case may be, is given in accordance with its directions.\n4.4 Exemption from notice requirements\nWhere an application for a licence is made in respect of premises on which an approved kennel\nestablishment is either a—\n(a) permitted use; or\n(b) use which the local government may approve subject to compliance with specified notice\nrequirements,\nunder a town planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply in\nrespect of the application for a licence.\n4.5 When application can be determined\nAn application for a licence is not to be determined by the local government until—\n(a) the applicant has complied with clause 4.2;\n(b) the applicant submits proof that the notices referred to in clause 4.3(1) have been given in\naccordance with that clause; and\n(c) the local government has considered any written submissions received within the time\nspecified in clause 4.3(2)(a) on the proposed use of the premises.\n4.6 Determination of application\nIn determining an application for a licence, the local government is to have regard to—\n(a) the matters referred to in clause 4.7;\n(b) any written submissions received within the time specified in clause 4.3(2)(a) on the proposed\nuse of the premises;\n(c) any economic or social benefits which may be derived by any person in the district if the\napplication for a licence is approved;\n(d) the effect which the kennel establishment may have on the environment or amenity of the\nneighbourhood;\n(e) whether the approved kennel establishment will create a nuisance for the owners and\noccupiers of adjoining premises; and\n(f) whether or not the imposition of and compliance with appropriate conditions of a licence will\nmitigate any adverse effects of the approved kennel establishment identified in the preceding\nparagraphs.\n4.7 Where application cannot be approved\nThe local government cannot approve an application for a licence where—\n(a) an approved kennel establishment cannot be permitted by the local government on the\npremises under a town planning scheme; or\n\n","sortOrder":32},{"sectionNumber":"4042","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4042 GOVERNMENT GAZETTE, WA 21 September 2016\n(b) an applicant for a licence or another person who will have the charge of the dogs will not\nreside on the premises, or, in the opinion of the local government, sufficiently close to the\npremises so as to control the dogs and so as to ensure their health and welfare.\n4.8 Conditions of approval\n(1) The local government may approve an application for a licence subject to the conditions contained\nin Schedule 2 and to such other conditions as the local government considers appropriate.\n(2) In respect of a particular application for a licence, the local government may vary any of the\nconditions contained in Schedule 2.\n4.9 Fees\n(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.\n(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.\n(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the\nlocal government.\n(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local\ngovernment from time to time under sections 6.16 to 6.19 of the Local Government Act 1995.\n4.10 Form of licence\nThe licence is to be in the form determined by the local government from time to time and is to be\nissued to the licensee.\n4.11 Period of licence\n(1) The period of effect of a licence is set out in section 27(5) of the Act.\n(2) A licence is to be renewed if the fee referred to in clause 4.9(2) is paid to the local government prior\nto the expiry of the licence.\n(3) On the renewal of a licence, the conditions of the licence at the time of its renewal continue to have\neffect.\n4.12 Variation or cancellation of licence\n(1) The local government may vary the conditions of a licence.\n(2) The local government may cancel a licence—\n(a) on the request of the licensee;\n(b) following a breach of the Act, the Regulations or this local law; or\n(c) if the licensee is not a fit and proper person.\n(3) The date a licence is cancelled is to be, in the case of—\n(a) paragraph (a) of subclause (2), the date requested by the licensee; or\n(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act.\n(4) If a licence is cancelled, the fee paid for that licence is not refundable for the term of the licence\nthat has not yet expired.\n4.13 Transfer\n(1) An application for the transfer of a valid licence from the licensee to another person must be—\n(a) made in the form determined by the local government from time to time;\n(b) made by the transferee;\n(c) made with the written consent of the licensee; and\n(d) lodged with the local government together with—\n(i) written evidence that a person will reside at or within reasonably close proximity to the\npremises the subject of the licence; and\n(ii) the fee for the application for the transfer of a licence referred to in clause 4.9(3).\n(2) The local government is not to determine an application for the transfer of a valid licence until the\ntransferee has complied with subclause (1).\n(3) The local government may approve, whether or not subject to such conditions as it considers\nappropriate, or refuse to approve an application for the transfer of a valid licence.\n(4) Where the local government approves an application for the transfer of a valid licence, then on the\ndate of approval, unless otherwise specified in the notice issued under clause 4.14(b), the transferee\nbecomes the licensee of the licence for the purposes of this local law.\n4.14 Notification\nThe local government is to give written notice to—\n(a) an applicant for a licence of the local government’s decision on her or his application;\n(b) a transferee of the local government’s decision on her or his application for the transfer of a\nvalid licence;\n(c) a licensee of any variation made under clause 4.12(1);\n(d) a licensee when her or his licence is due for renewal and the manner in which it may be\nrenewed;\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4043\n(e) a licensee when her or his licence is renewed;\n(f) a licensee of the cancellation of a licence under clause 4.12(2)(a); and\n(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.12(2), which\nnotice is to be given in accordance with section 27(6) of the Act.\n4.15 Inspection of kennel\nWith the consent of the occupier, an authorised person may inspect an approved kennel\nestablishment at any time.\nPART 5—MISCELLANEOUS\n5.1 Offence to excrete\n(1) A dog must not excrete on—\n(a) any thoroughfare or other public place; or\n(b) any land which is not a public place without the consent of the occupier.\n(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the\ncontrol of the dog at that time commits an offence.\nPenalty: $1000\n(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any\nexcreta is removed immediately by that person.\nPART 6—ENFORCEMENT\nIn this Part—\ninfringement notice means the notice referred to in clause 6.3; and\nnotice of withdrawal means the notice referred to in clause 6.6(1).\n6.2 Modified penalties\n(1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be\nimposed.\n(2) The amount appearing in the third column of Schedule 3 directly opposite an offence is the\nmodified penalty payable in respect of that offence if—\n(a) the dog is not a dangerous dog; or\n(b) the dog is a dangerous dog, but an amount does not appear in the fourth column directly\nopposite that offence.\n(3) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the\nmodified penalty payable in respect of that offence if the dog is a dangerous dog.\n6.3 Issue of infringement notice\nWhere an authorised person has reason to believe that a person has committed an offence in respect\nof which a modified penalty may be imposed, he or she may issue to that person a notice in the form\nin the form determined by the local government from time to time.\n6.4 Failure to pay modified penalty\nWhere a person who has received an infringement notice fails to pay the modified penalty within the\ntime specified in the notice, or within such further time as may in any particular case be allowed by\nthe CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified\npenalty.\n6.5 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or\nwithin such further time as may in any particular case be allowed by the CEO, send or deliver to the\nlocal government the amount of the penalty, with or without a reply as to the circumstances giving\nrise to the offence, and the local government may appropriate that amount in satisfaction of the\npenalty and issue an acknowledgment.\n6.6 Withdrawal of infringement notice\n(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice in the form in the form determined by the local government\nfrom time to time.\n(2) A person authorised to issue an infringement notice under clause 6.3 cannot sign or send a notice\nof withdrawal.\n6.7 Service\nAn infringement notice or a notice of withdrawal may be served on a person personally, or by leaving\nit at or posting it to her or his address as ascertained from her or him, or as recorded by the local\ngovernment under the Act, or as ascertained from inquiries made by the local government.\n\n","sortOrder":33},{"sectionNumber":"4044","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4044 GOVERNMENT GAZETTE, WA 21 September 2016\nSCHEDULE 1—APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\n(clause 4.2)\nI/we (full name) .............................................................................................................................................\nof (postal address) .........................................................................................................................................\n(telephone number) .......................................................................................................................................\n(facsimile number) ........................................................................................................................................\n(E-mail address) ............................................................................................................................................\nApply for a licence for an approved kennel establishment at (address of premises) .................................\n.......................................................................................................................................................................\nFor (number and breed of dogs)....................................................................................................................\n* (insert name of person) ............................................................ will be residing at the premises on and\nfrom (insert date) .................................................................\n* (insert name of person) .......................................................... will be residing (sufficiently close to the\npremises so as to control the dogs and so as to ensure their health and welfare) at .............................\n................... .................................................................................................... (insert address of residence)\non and from ........................................................................................................................... (insert date).\nAttached are—\n(a) a site plan of the premises showing the location of the kennels and yards and all other\nbuildings and structures and fences;\n(b) plans and specifications of the kennel establishment;\n(c) copy of notice of proposed use to appear in newspaper;\n(d) copy of notice of proposed use to be given to adjoining premises;\n(e) written evidence that a person will reside—\n(i) at the premises; or\n(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their\nhealth and welfare; and\n(f) if the person in item (e) is not the applicant, written evidence that the person is a person in\ncharge of the dogs.\nI confirm that I have read and agree to comply with the Code of Practice known as ................................\n........................................................................................................., in the keeping of dogs at the proposed\nkennel establishment.\nSignature of applicant...................................................................\nDate ...............................................................................................\n* delete where inapplicable.\nNote: a licence if issued will have effect for a period of 12 months—section 27(5) of the Dog Act 1976.\nOFFICE USE ONLY\nApplication fee paid on [insert date].\n————\n","sortOrder":34},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL","content":"SCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\n(clause 4.8(1))\nAn application for a licence for an approved kennel establishment may be approved subject to the\nfollowing conditions—\n(a) each kennel, unless it is fully enclosed, must have a yard attached to it;\n(b) each kennel and each yard must be at a distance of not less than—\n(i) 25m from the front boundary of the premises and 5m from any other boundary of the\npremises;\n(ii) 10m from any dwelling; and\n(iii) 25m from any church, school room, hall, factory, dairy or premises where food is\nmanufactured, prepared, packed or stored for human consumption;\n(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or\nnetting or other materials approved by the local government;\n(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the\nbreed of dog (when it is fully grown), squared, times the number of dogs to be housed in the\nkennel and the length of the dog is to be determined by measuring from the base of the tail to\nthe front of its shoulder;\n(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice\nthe floor area of the kennel or group of kennels to which it is attached;\n(f) the upper surface of the kennel floor must be—\n(i) at least 100mm above the surface of the surrounding ground;\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4045\n(ii) smooth so as to facilitate cleaning;\n(iii) rigid;\n(iv) durable;\n(v) slip resistant;\n(vi) resistant to corrosion;\n(vii) non-toxic;\n(viii) impervious;\n(ix) free from cracks, crevices and other defects; and\n(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in\nturn must lead to a suitably sized diameter sewerage pipe which must be properly laid,\nventilated and trapped in accordance with the health requirements of the local\ngovernment;\n(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to\napproved apparatus for the treatment of sewage in accordance with the health requirements\nof the local government;\n(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the\njunction of the floor and external and internal walls, or internal walls must be so constructed\nas to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;\n(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of\nany kennel;\n(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—\n(i) 2m; or\n(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured\nfrom the floor to the uppermost tip of its shoulders while in a stationary upright\nposition;\n(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted\ninternally and externally with good quality new zincalume or new pre-finished colour coated\nsteel sheeting or new fibrous cement sheeting or other durable material approved by the local\ngovernment;\n(l) all external surfaces of each kennel must be kept in good condition;\n(m) the roof of each kennel must be constructed of impervious material;\n(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must\nbe cleaned and disinfected when so ordered by an authorised person;\n(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for\nthe treatment of sewage;\n(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;\n(q) suitable water must be available at the kennel via a properly supported standpipe and tap;\nand\n(r) the licensee or the person nominated in the application for a licence, must, in accordance with\nthe application for the licence, continue to reside—\n(i) at the premises; or\n(ii) in the opinion of the local government, sufficiently close to the premises so as to control\nthe dogs, and to ensure their health and welfare.\n————\nSCHEDULE 3—OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES\n(clause 6.2)\nOffence Nature of offence Modified penalty\n$\nDangerous Dog\nModified Penalty\n$\n5.1(2) Dog excreting in prohibited place 100\n————\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4047\nARRANGEMENT\n1.3 Application and intent\n1.4 Interpretation\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n2.2 Types of committees\n2.3 Delegation of some powers and duties to certain committees\n2.4 Limits on delegation of powers and duties to certain committees\n2.5 Appointment of committee Members\n2.6 Tenure of committee membership\n2.7 Resignation of committee Members\n2.8 Register of delegations to committees\n2.9 Committees to report\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and special Council meetings\n3.2 Calling Council meetings\n3.3 Convening Council meetings\n3.4 Calling committee meetings\n3.5 Public notice of meetings\nPART 4—PRESIDING MEMBER AND QUORUM\nDivision 1—Who presides\n4.1 Who presides\n4.2 When the Deputy President can act\n4.3 Who acts if no President\n4.4 Election of Presiding Members of committees\n4.5 Election of Deputy Presiding Members of committees\n4.6 Functions of Deputy Presiding Members\n4.7 Who acts if no Presiding Member\nDivision 2—Quorum\n4.8 Quorum for meetings\n4.9 Reduction of quorum for Council meetings\n4.10 Reduction of quorum for committee meetings\n4.11 Procedure where no quorum to begin a meeting\n4.12 Procedure where quorum not present during a meeting\n4.13 Names to be recorded\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n5.2 Order of business\n5.3 Motions of which previous notice has been given\n5.4 New business of an urgent nature\n5.5 Adoption by exception resolution\n\n","sortOrder":35},{"sectionNumber":"4048","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4048 GOVERNMENT GAZETTE, WA 21 September 2016\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\n6.2 Meetings not open to the public\n6.3 Question time for the public\n6.4 Question time for the public at certain meetings\n6.5 Minimum question time for the public\n6.6 Procedures for question time for the public\n6.7 Other procedures for question time for the public\n6.8 Distinguished visitors\n6.9 Deputations\n6.10 Petitions\n6.11 Presentations\n6.12 Participation at committee meetings\n6.13 Council may meet to hear public submissions\n6.14 Public Inspection of agenda materials\n6.15 Confidentiality of information withheld\n6.16 Recording of proceedings\n6.17 Prevention of disturbance\nPART 7—QUESTIONS BY MEMBERS\n7.1 Questions by Members\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to be in their proper places\n8.2 Titles to be used\n8.3 Advice of entry or departure\n8.4 Members to indicate their intention to speak\n8.5 Priority of speaking\n8.6 Presiding Member may take part in debates\n8.7 Relevance\n8.8 Speaking twice\n8.9 Duration of speeches\n8.10 No speaking after conclusion of debate\n8.11 No interruption\n8.12 Personal explanations\n8.13 No reopening of discussion\n8.14 Adverse reflection\n8.15 Withdrawal of offensive language\nPART 9—PRESERVING ORDER\n9.1 Presiding Member to preserve order\n9.2 Point of order\n9.3 Procedures on a point of order\n9.4 Calling attention to breach\n9.5 Ruling by the Presiding Member\n9.6 Continued breach of order\n9.7 Right of Presiding Member to adjourn\nPART 10—DEBATE OF SUBSTANTIVE MOTIONS\n10.1 Motions to be stated and in writing\n10.2 Motions to be supported\n10.3 Unopposed business\n10.4 Only one substantive motion at a time\n10.5 Order of call in debate\n10.6 Limit of debate\n10.7 Member may require question to be read\n10.8 Consent of seconder required for alteration\n10.9 Order of amendments\n10.10 Form of an amendment\n10.11 Amendment must not negate original motion\n10.12 Relevance of amendments\n10.13 Mover of motion may speak on amendment\n10.14 Effect of an amendment\n10.15 Withdrawal of motion or amendment\n10.16 Right of reply\n","sortOrder":36},{"sectionNumber":"Part 11","sectionType":"part","heading":"PROCEDURAL MOTIONS","content":"PART 11—PROCEDURAL MOTIONS\n11.1 Permissible procedural motions\n11.2 No debate\n11.3 Who may move\n11.4 Procedural motions—right of reply on substantive motion\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4049\n11.5 Meeting to proceed to the next business\n11.6 Debate to be adjourned\n11.7 Meeting now adjourn\n11.8 Question to be put\n11.9 Member to be no longer heard\n11.10 Ruling of the Presiding Member to be disagreed with\n","sortOrder":37},{"sectionNumber":"Part 12","sectionType":"part","heading":"DISCLOSURE OF INTERESTS","content":"PART 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\n","sortOrder":38},{"sectionNumber":"Part 13","sectionType":"part","heading":"VOTING","content":"PART 13—VOTING\n13.1 Question—when put\n13.2 Voting\n13.3 Majorities required for decisions\n13.4 Method of taking vote\n","sortOrder":39},{"sectionNumber":"Part 14","sectionType":"part","heading":"MINUTES OF MEETINGS","content":"PART 14—MINUTES OF MEETINGS\n14.1 Keeping of minutes\n14.2 Content of minutes\n14.3 Public inspection of unconfirmed minutes\n14.4 Confirmation of minutes\n","sortOrder":40},{"sectionNumber":"Part 15","sectionType":"part","heading":"ADJOURNMENT OF MEETING","content":"PART 15—ADJOURNMENT OF MEETING\n15.1 Meeting may be adjourned\n15.2 Effect of adjournment\n","sortOrder":41},{"sectionNumber":"Part 16","sectionType":"part","heading":"REVOKING OR CHANGING DECISIONS","content":"PART 16—REVOKING OR CHANGING DECISIONS\n16.1 Requirements to revoke or change decisions\n16.2 Limitations on powers to revoke or change decisions\n16.3 Implementing a decision\n","sortOrder":42},{"sectionNumber":"Part 17","sectionType":"part","heading":"SUSPENSION OF LOCAL LAWS","content":"PART 17—SUSPENSION OF LOCAL LAWS\n17.1 Suspension of Local Laws\n17.2 Where Local Laws do not apply\n17.3 Cases not provided for in Local Laws\n","sortOrder":43},{"sectionNumber":"Part 18","sectionType":"part","heading":"MEETINGS OF ELECTORS","content":"PART 18—MEETINGS OF ELECTORS\n18.1 Electors’ general meetings\n18.2 Matters for discussion at general electors’ meeting\n18.3 Electors’ special meetings\n18.4 Requests for electors’ special meetings\n18.5 Convening electors’ meetings\n18.6 Who presides at electors’ meetings\n18.7 Procedure for electors’ meetings\n18.8 Participation of non-electors\n18.9 Voting at electors’ meetings\n18.10 Minutes of electors’ meetings\n18.11 Decisions made at electors’ meetings\n","sortOrder":44},{"sectionNumber":"Part 19","sectionType":"part","heading":"ENFORCEMENT","content":"PART 19—ENFORCEMENT\n19.1 Penalty for breach\n19.2 Who can prosecute\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4051\nUnder the powers conferred by the Local Government Act 1995 and under all other relevant powers,\nthe Shire of Chapman Valley resolved on 17 August 2016 to make the following local law.\nThis local law may be cited as the Shire of Chapman Valley Standing Orders Local Law 2016.\nBy virtue of section 3.14 of the Act, this local law comes into operation 14 days after the date of their\npublication in the Government Gazette.\n1.3 Application and intent\n(1) This local law provides rules and guidelines which apply to the conduct of meetings of the Council\nand its committees and to meetings of electors.\n(2) All meetings are to be conducted in accordance with the Act, the Regulations and this local law.\n(3) This local law is intended to result in—\n(a) better decision-making by the Council and committees;\n(b) the orderly conduct of meetings dealing with Council business;\n(c) better understanding of the process of conducting meetings; and\n(d) the more efficient and effective use of time at meetings.\n1.4 Interpretation\n(1) In this local law unless the context otherwise requires—\n75% majority has the meaning given to it in the Act;\nabsolute majority has the meaning given to it in the Act;\nAct means the Local Government Act 1995;\nCEO means the Chief Executive Officer of the local government;\ncommittee means a committee of the Council established under section 5.8 of the Act;\ncommittee meeting means a meeting of a committee;\nCouncil means the Council of the Shire of Chapman Valley;\nLocal government means the Shire of Chapman Valley;\nPresident means the President of the local government or other Presiding Member at a Council\nmeeting under section 5.6 of the Act;\nmeeting means a meeting of the Council or a committee, as the context requires;\nMember has the meaning given to it in the Act;\nPresiding Member means—\n(a) in respect of the Council, the person presiding under section 5.6 of the Act; and\n(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the\nAct;\nRegulations mean the Local Government (Administration) Regulations 1996;\nsimple majority means more than 50% of the members present and voting; and,\nsubstantive motion means an original motion or an original motion as amended, but does not\ninclude an amendment or a procedural motion.\n(2) Unless otherwise defined in this local law, the terms and expressions used in this local law are to\nhave the meaning given to them in the Act and Regulations.\n\n","sortOrder":45},{"sectionNumber":"4052","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4052 GOVERNMENT GAZETTE, WA 21 September 2016\nThe Shire of Chapman Valley Standing Orders Local Law 2000 as published in the Government\nGazette on 8 August 2000 is repealed.\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n(1) The establishment of committees is dealt with in the Act.\n(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—\n(a) the terms of reference of the committee;\n(b) the number of council members, officers and other persons to be appointed to the committee;\n(c) the names or titles of the council members and officers to be appointed to the committee;\n(d) the names of other persons to be appointed to the committee or an explanation of the\nprocedure to be followed to determine the appointments; and\n(e) details of the delegation of any powers or duties to the committee under section 5.16 of the\nAct.\n(3) This local law is to apply to the conduct of committee meetings.\n2.2 Types of committees\nThe types of committees are dealt with in the Act.\n2.3 Delegation of some powers and duties to certain committees\nThe delegation of some powers and duties to certain committees is dealt with in the Act.\n2.4 Limits on delegation of powers and duties to certain committees\nThe limits on the delegation of powers and duties to certain committees are dealt with in the Act.\n2.5 Appointment of committee members\nThe appointment of committee members is dealt with in the Act.\n2.6 Tenure of committee membership\nTenure of committee membership is dealt with in the Act.\n2.7 Resignation of committee members\nThe resignation of committee members is dealt with in the Regulations.\n2.8 Register of delegations to committees\nThe register of delegations to committees is dealt with in the Act.\n2.9 Committees to report\nA committee—\n(a) is answerable to the Council; and\n(b) is to report on its activities when, and to the extent, required by the Council.\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and special Council meetings\n(1) Ordinary and special Council meetings are dealt with in the Act.\n(2) An ordinary meeting of the Council, held on a monthly basis or otherwise as determined by the\nCouncil, is for the purpose of considering and dealing with the ordinary business of the Council.\n(3) A special meeting of the Council is held for the purpose of considering and dealing with Council\nbusiness that is urgent, complex in nature, for a particular purpose or confidential.\n3.2 Calling Council meetings\nThe calling of Council meetings is dealt with in the Act.\n3.3 Convening Council meetings\n(1) The convening of a Council meeting is dealt with in the Act.\n(2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the purposes of section 5.5,\nin convening a special meeting of the Council.\n(3) Where, in the opinion of the President or at least one-third of the Members, there is a need to meet\nurgently, the CEO may give a lesser period of notice of a special Council meeting.\n3.4 Calling committee meetings\nThe CEO is to call a meeting of any committee when requested by the President, the Presiding\nMember of a committee or any two members of that committee.\n3.5 Public notice of meetings\nPublic notice of meetings is dealt with in the Regulations.\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4053\nPART 4—PRESIDING MEMBER AND QUORUM\nDivision 1—Who presides\n4.1 Who presides\nWho presides at a Council meeting is dealt with in the Act.\n4.2 When the Deputy President can act\nWhen the Deputy President can act is dealt with in the Act.\n4.3 Who acts if no President\nWho acts if there is no President is dealt with in the Act.\n4.4 Election of Presiding Members of committees\nThe election of Presiding Members of committees and their deputies is dealt with in the Act.\n4.5 Election of Deputy Presiding Members of committees\nThe election of Deputy Presiding Members of committees is dealt with in the Act.\n4.6 Functions of Deputy Presiding Members\nThe functions of Deputy Presiding Members are dealt with in the Act.\n4.7 Who acts if no Presiding Member\nWho acts if no Presiding Member is dealt with in the Act.\nDivision 2—Quorum\n4.8 Quorum for meetings\nThe quorum for meetings is dealt with in the Act.\n4.9 Reduction of quorum for Council meetings\nThe power of the Minister to reduce the number for a quorum and certain majorities is dealt with in\nthe Act.\n4.10 Reduction of quorum for committee meetings\nThe reduction of a quorum for committee meetings is dealt with in the Act.\n4.11 Procedure where no quorum to begin a meeting\nThe procedure where there is no quorum to begin a meeting is dealt with in the Regulations.\n4.12 Procedure where quorum not present during a meeting\nIf at any time during a meeting a quorum is not present, the Presiding Member is—\n(a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and\n(b) if a quorum is not present at the expiry of that period, the Presiding Member is to adjourn the\nmeeting to some future time or date.\n4.13 Names to be recorded\nAt any meeting—\n(a) at which there is not a quorum present; or\n(b) which is adjourned for want of a quorum,\nthe names of the Members then present are to be recorded in the minutes.\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n(1) No business is to be transacted at any ordinary meeting of the Council other than that specified in\nthe agenda, without the approval of the Presiding Member or the Council.\n(2) No business is to be transacted at a special meeting of the Council other than that given in the\nnotice as the purpose of the meeting.\n(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council\nother than that—\n(a) specified in the notice of the meeting which had been adjourned; and\n(b) which remains unresolved.\n(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council\nresolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before\nconsidering Reports (Item 10) at that ordinary meeting.\n5.2 Order of business\n(1) Unless otherwise decided by the Council the order of business at any ordinary meeting of the\nCouncil is to be as follows—\n1. Declaration of Opening/Announcement of Visitors\n2. Announcements from the Presiding Member\n\n","sortOrder":46},{"sectionNumber":"4054","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4054 GOVERNMENT GAZETTE, WA 21 September 2016\n3. Attendance\n3.1 Apologies\n3.2 Previously approved leave of absence\n4. Public Question Time\n4.1 Response to previous public questions taken on notice\n4.2 Public question time\n5. Applications for leave of absence\n6. Declaration of interest\n7. Presentations\n7.1 Petitions\n7.2 Presentations\n7.3 Deputations\n8. Confirmation of minutes\n9. Items to be dealt with En Bloc\n10. Officers’ Reports\n11. Elected Members Motions of which previous notice has been given\n12. New business of an urgent nature introduced by decision of the meeting\n13. Delegates’ reports\n14. Announcements by Presiding member without discussion\n15. Matters for which meeting may be closed to public\n16. Closure\n(2) Unless otherwise decided by the Council, the order of business at any special meeting of the\nCouncil is to be the order in which that business stands in the agenda of the meeting.\n(3) In determining the order of business for any meeting of the Council, the provisions of the Act and\nRegulations relating to the time at which public question time is to be held are to be observed.\n5.3 Motions of which previous notice has been given\n(1) Unless the Act, Regulations or this local law otherwise provide, a Member may raise at a meeting\nsuch business as he or she considers appropriate, in the form of a motion, of which notice has been\ngiven in writing to the CEO and which has been included on the agenda.\n(2) A notice of motion under subclause (1) is to be given at least 10 clear working days before the\nmeeting at which the motion is moved.\n(3) A notice of motion is to relate to the good governance of the district.\n(4) The CEO—\n(a) may, with the concurrence of the President, may exclude from the notice paper any notice of\nmotion deemed to be, or likely to involve, a breach of any of this local law or any other written\nlaw;\n(b) will inform Members on each occasion that a notice has been excluded and the reasons for\nthat exclusion;\n(c) may, after consultation with the Member where this is practicable, make such amendments\nto the form but not the substance as will bring the notice of motion into due form; and\n(d) may provide to the Council relevant and material facts and circumstances pertaining to the\nnotice of motion on such matters as policy, budget and law.\n(5) A motion of which notice has been given is to lapse unless—\n(a) the Member who gave notice of it, or some other Member authorised by the originating\nMember in writing, moves the motion when called on; or\n(b) the Council on a motion agrees to defer consideration of the motion to a later stage or date.\n(6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms\nor to the same effect is not to be given again for at least 3 months from the date of such lapse.\n5.4 New business of an urgent nature\n(1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the\nPresiding Member that is carried by the meeting, be raised without notice and decided by the\nmeeting.\n(2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters that\nhave arisen after the preparation of the agenda that are considered by the Presiding Member to be of\nsuch importance and urgency that they are unable to be dealt with administratively by the local\ngovernment and must be considered and dealt with by the Council before the next meeting.\n5.5 Adoption by exception resolution\n(1) In this clause ‘adoption by exception resolution’ means a resolution of the Council that has the\neffect of adopting, for a number of specifically identified reports, the officer recommendation as the\nCouncil resolution.\n(2) Subject to subclause (3), the local government may pass an adoption by exception resolution.\n(3) An adoption by exception resolution may not be used for a matter—\n(a) that requires a 75% majority;\n(b) in which an interest has been disclosed;\n(c) that has been the subject of a petition or deputation;\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4055\n(d) that is a matter on which a Member wishes to make a statement; or\n(e) that is a matter on which a Member wishes to move a motion that is different to the\nrecommendation.\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\nMeetings being generally open to the public is dealt with in the Act.\n6.2 Meetings not open to the public\n(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members\nof the public.\n(2) The Council or a committee, in one or more of the circumstances dealt with in the Act, may at any\ntime, by resolution, decide to close a meeting or part of a meeting.\n(3) If a resolution under subclause (2) is carried—\n(a) the Presiding Member is to direct everyone to leave the meeting except—\n(i) the Members;\n(ii) the CEO; and\n(iii) any Officer specified by the Presiding Member; and\n(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the\nclosure of the meeting to the public, the Council or the committee, by resolution, decides\notherwise.\n(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the Presiding\nMember, be removed from the meeting.\n(5) While the resolution under subclause (2) remains in force, the operation of clause 8.9 is to be\nsuspended until the Council or the committee, by resolution, decides otherwise.\n(6) A resolution under this clause may be made without notice.\n(7) Unless the Council resolves otherwise, once the meeting is reopened to members of the public, the\nPresiding Member is to ensure that any resolution of the Council made while the meeting was closed\nis to be read out including a vote of a Member to be included in the minutes.\n6.3 Question time for the public\nQuestion time for the public is dealt with in the Act.\n6.4 Question time for the public at certain meetings\nQuestion time for the public at certain meetings is dealt with in the Regulations.\n6.5 Minimum question time for the public\nMinimum question time for the public is dealt with in the Regulations.\n6.6 Procedures for question time for the public\nProcedures for question time for the public are dealt with in the Regulations.\n6.7 Other procedures for question time for the public\n(1) A member of the public who raises a question during question time, is to state his or her name and\naddress.\n(2) A question may be taken on notice by the Council for later response.\n(3) When a question is taken on notice the CEO is to ensure that—\n(a) a response is given to the member of the public in writing; and\n(b) a summary of the response is included in the agenda of the next meeting of the Council.\n(4) Where a question relating to a matter in which a relevant person has an interest is directed to the\nrelevant person, the relevant person is to—\n(a) declare that he or she has an interest in the matter; and\n(b) allow another person to respond to the question.\n(5) Each member of the public with a question is entitled to ask up to 2 questions before other\nmembers of the public will be invited to ask their questions.\n(6) Where a member of the public provides written questions then the Presiding Member may elect for\nthe questions to be responded to as normal business correspondence.\n(7) The Presiding Member may decide that a public question shall not be responded to where—\n(a) the same or similar question was asked at a previous meeting, a response was provided and\nthe member of the public is directed to the minutes of the meeting at which the response was\nprovided;\n(b) the member of the public uses public question time to make a statement, provided that the\nPresiding Member has taken all reasonable steps to assist the member of the public to phrase\nthe statement as a question; or\n\n","sortOrder":47},{"sectionNumber":"4056","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4056 GOVERNMENT GAZETTE, WA 21 September 2016\n(c) the member of the public asks a question that is offensive or defamatory in nature, provided\nthat the Presiding Member has taken all reasonable steps to assist the member of the public\nto phrase the question in a manner that is not offensive or defamatory.\n(8) A member of the public shall have two minutes to submit a question.\n(9) The Council, by resolution, may agree to extend public question time.\n(10) Where an answer to a question is given at a meeting, a summary of the question and the answer\nis to be included in the minutes.\n6.8 Distinguished visitors\nIf a distinguished visitor is present at a meeting of the Council, the Presiding Member may\nacknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and\nthe presence of that visitor shall be recorded in the minutes.\n6.9 Deputations\n(1) Any person or group wishing to be received as a deputation by the Council is to either—\n(a) apply, before the meeting, to the CEO for approval; or\n(b) with the approval of the Presiding Member, at the meeting, address the Council.\n(2) The CEO may either—\n(a) approve the request and invite the deputation to attend a meeting of the Council; or\n(b) refer the request to the Council to decide by simple majority whether or not to receive the\ndeputation.\n(3) Unless the council resolves otherwise, a deputation invited to attend a Council meeting—\n(a) is not to exceed 5 persons, only 2 of whom may address the Council, although others may\nrespond to specific questions from Members;\n(b) is not to address the Council for a period exceeding 10 minutes without the agreement of the\nCouncil; and,\n(c) additional members of the deputation may be allowed to speak with the leave of the Presiding\nMember.\n(4) Any matter which is the subject of a deputation to the Council is not to be decided by the Council\nuntil the deputation has completed its presentation.\n6.10 Petitions\n(1) A petition is to—\n(a) be addressed to the President;\n(b) be made by electors of the district;\n(c) state the request on each page of the petition;\n(d) contain the name, address and signature of each elector making the request, and the date\neach elector signed;\n(e) contain a summary of the reasons for the request; and\n(f) state the name of the person to whom, and an address at which, notice to the petitioners can\nbe given.\n(2) Upon receiving a petition, the local government is to submit the petition to the relevant officer to\nbe included in his or her deliberations and report on the matter that is the subject of the petition,\nsubject to subclause (3).\n(3) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented\nto that meeting, unless—\n(a) the matter is the subject of a report included in the agenda; and\n(b) the Council has considered the issues raised in the petition.\n6.11 Presentations\n(1) In this clause, a presentation means the acceptance of a gift or an award by the Council on behalf\nof the local government or the community.\n(2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO.\n6.12 Participation at committee meetings\n(1) In this clause a reference to a person is to a person who—\n(a) is entitled to attend a committee meeting;\n(b) attends a committee meeting; and\n(c) is not a member of that committee.\n(2) Without the consent of the Presiding Member, no person is to address a committee meeting.\n(3) The Presiding Member of a committee may allow a person to make an oral submission to the\ncommittee for up to 3 minutes.\n(4) A person addressing the committee with the consent of the Presiding Member is to cease that\naddress immediately after being directed to do so by the Presiding Member.\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4057\n(5) A person who fails to comply with a direction of the Presiding Member under subclause (4) may, by\norder of the Presiding Member, be removed from the committee room.\n(6) The Council may make a policy dealing with the circumstances in which a person may be given\nconsent to address a committee meeting.\n6.13 Council may meet to hear public submissions\n(1) Where an item on the agenda at a Council meeting is contentious and is likely be the subject of a\nnumber of deputations, the Council may resolve to meet at another time to provide a greater\nopportunity to be heard.\n(2) The CEO and the President shall set the time and date of the meeting to provide the opportunity\nto be heard.\n(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the\nPresiding Member shall—\n(a) instruct the CEO to provide local public notice of the time and date when the Council will\nmeet to provide an opportunity to be heard;\n(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to\nall members of the public who have applied under clause 6.9 to make a deputation on the\nissue; and\n(c) cause minutes to be kept of the meeting to provide the opportunity to be heard.\n(4) A meeting held under subclause (1) shall be conducted only to hear submissions. The council shall\nnot make resolutions at a meeting to provide the opportunity to be heard.\n(5) At a meeting held under subclause (1), each person making a submission shall be provided with\nthe opportunity to fully state his or her case.\n(6) A member of the public shall be limited to 10 minutes in making an oral submission, but this\nperiod may be extended at the discretion of the Presiding Member.\n(7) Once every member of the public has had the opportunity to make a submission the Presiding\nMember is to close the meeting.\n(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting\nsummarising each submission made at the meeting.\n(9) The Council must not resolve on the matter that is the subject of a meeting to provide the\nopportunity to be heard until it has received the CEO’s report under subclause (8).\n6.14 Public Inspection of agenda materials\nThe right of the public to inspect the documents referred to, and in accordance with, regulation 14 of\nthe Regulations may be exercised at Lot 7 Chapman Valley Road, Nabawa, and on the local\ngovernment’s website.\n6.15 Confidentiality of information withheld\n(1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to\nbe—\n(a) identified in the agenda of a Council meeting under the item “Matters for which meeting may\nbe closed”;\n(b) marked Confidential in the agenda; and\n(c) kept confidential by Officers and Members until the Council resolves otherwise.\n(2) A member or an officer in receipt of confidential information under subclause (1) or information\nthat is provided or disclosed during a meeting or part of a meeting that is closed to the public is not to\ndisclose any of that information to any person other than another member or an officer to the extent\nnecessary for the purpose of carrying out his or her duties.\n(3) Subclause (2) does not apply where a member or officer discloses the information to his or her\nlawyer or government officer for the purpose of seeking advice in order to lawfully fulfil his or her role\nand responsibilities.\n6.16 Recording of proceedings\n(1) A person is not to use any electronic, visual or audio recording device or instrument to record the\nproceedings of the Council without the permission of the Presiding Member.\n(2) If the Presiding Member gives permission under subclause (1), the Presiding Member is to advise\nthe meeting, immediately before the recording is commenced, that such permission has been given\nand the nature and extent of that permission.\n6.17 Prevention of disturbance\n(1) A reference in this clause to a person is to a person other than a member.\n(2) A person addressing the Council shall extend due courtesy and respect to the Council and the\nprocesses under which it operates and shall comply with any direction by the Presiding Member.\n(3) A person observing a meeting shall not create a disturbance at a meeting, by interrupting or\ninterfering with the proceedings, whether by expressing approval or dissent, by conversing or by any\nother means.\n(4) A person shall ensure that his or her mobile telephone or audible pager is not switched on or used\nduring any meeting of the Council.\n(5) A person shall not behave in a manner that is contrary to section 75 of the Criminal Code.\n\n","sortOrder":48},{"sectionNumber":"4058","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4058 GOVERNMENT GAZETTE, WA 21 September 2016\nPART 7—QUESTIONS BY MEMBERS\n7.1 Questions by Members\n(1) Members may ask questions relating to an item on the notice paper or on matters related to the\ngood government of persons in the district.\n(2) A Member requesting general information from an Officer at a Council meeting may ask a\nquestion without notice and with the consent of the Presiding Member, may ask one or more further\nquestions of that Officer or another Officer present at the meeting.\n(3) Where possible the Officer shall endeavour to answer the question to the best of his or her\nknowledge and ability, however, if the information is unavailable or the answer requires research or\ninvestigation, the Officer may ask that—\n(a) the question be placed on notice for the next meeting of Council; and\n(b) the answer to the question be given to the Member who asked it within 14 days.\n(4) Every question and answer—\n(a) is to be brief and concise; and\n(b) is not to be accompanied by argument, expression of opinion or statement of facts, except to\nthe extent necessary to explain the question or answer.\n(5) In answering any question, an Officer may qualify his or her answer and may at a later time in the\nmeeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer.\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to be in their proper places\n(1) At the first meeting held after each election day, the CEO is to allot alphabetically a position at\nthe Council table to each Member.\n(2) Each Member is to occupy his or her allotted position at each Council meeting.\n8.2 Titles to be used\nA speaker, when referring to the President, Deputy President or Presiding Member, or a Member or\nOfficer, is to use the title of that person’s office.\n8.3 Advice of entry or departure\nDuring the course of a meeting of the Council, a Member is not to enter or leave the meeting without\nfirst advising the Presiding Member, in order to facilitate the recording in the minutes of the time or\nentry or departure.\n8.4 Members to indicate their intention to speak\nA Member of the Council who wishes to speak is to indicate his or her intention to speak by raising\nhis or her hand or by another method agreed by the Council. Each Member will stand when invited to\nspeak by the Presiding Member.\n8.5 Priority of speaking\n(1) Where two or more Members indicate, at the same time, their intention to speak, the Presiding\nMember is to decide which Member is entitled to be heard first.\n(2) A decision of the Presiding Member under subclause (1) is not open to discussion or dissent.\n(3) A Member is to cease speaking immediately after being asked to do so by the Presiding Member.\n8.6 Presiding Member may take part in debates\nThe Presiding Member may take part in a discussion of any matter before the Council, subject to\ncompliance with this local law.\n8.7 Relevance\n(1) A Member is to restrict his or her remarks to the motion or amendment under discussion, or to a\npersonal explanation or point of order.\n(2) The Presiding Member, at any time, may—\n(a) call the attention of the meeting to—\n(i) any irrelevant, repetitious, offensive or insulting language by a Member; or\n(ii) any breach of order by a Member; and\n(b) direct that Member, if speaking, to discontinue his or her speech.\n(3) A Member is to comply with the direction of the Presiding Member under subclause (2) by\nimmediately ceasing to speak.\n8.8 Speaking twice\nA Member is not to address the Council more than once on any motion or amendment except—\n(a) as the mover of a substantive motion, to exercise a right of reply;\n(b) to raise a point of order; or\n(c) to make a personal explanation.\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4059\n8.9 Duration of speeches\n(1) A Member is not to speak on any matter for more than 5 minutes without the consent of the\nCouncil which, if given, is to be given without debate.\n(2) An extension under this clause cannot be given to allow a Member’s total speaking time to exceed\n10 minutes.\n8.10 No speaking after conclusion of debate\nA Member is not to speak on any motion or amendment—\n(a) after the mover has replied; or\n(b) after the question has been put.\n8.11 No interruption\nA Member is not to interrupt another Member who is speaking unless—\n(a) to raise a point of order;\n(b) to call attention to the absence of a quorum;\n(c) to make a personal explanation under clause 8.12; or\n(d) to move a procedural motion that the Member be no longer heard under clause 11.1(e).\n8.12 Personal explanations\n(1) A Member who wishes to make a personal explanation relating to a matter referred to by another\nMember who is then speaking is to indicate to the Presiding Member his or her intention to make a\npersonal explanation.\n(2) The Presiding Member is to determine whether the personal explanation is to be heard\nimmediately or at the conclusion of the speech by the other Member.\n(3) A Member making a personal explanation is to confine his or her observations to a succinct\nstatement relating to a specific part of the speech at which he or she may have been misunderstood.\n8.13 No reopening of discussion\nA Member is not to reopen discussion on any Council decision, except to move that the decision be\nrevoked or changed under Part 16.\n8.14 Adverse reflection\n(1) A Member is not to reflect adversely on a decision of the Council except on a motion that the\ndecision be revoked or changed under Part 16.\n(2) A Member is not—\n(a) to reflect adversely on the character or actions of another Member or Officer; or\n(b) to impute any motive to a Member or Officer,\nunless the meeting resolves, without debate, that the question then before the meeting cannot\notherwise be adequately considered.\n(3) A Member is not to use offensive or objectionable expressions in reference to any Member, Officer\nor other person.\n(4) If a Member specifically requests, immediately after their use, that any particular words used by a\nMember be recorded in the minutes—\n(a) the Presiding Member is to cause the words used to be taken down and read to the meeting\nfor verification; and\n(b) the Council may, by resolution, decide to record those words in the minutes.\n8.15 Withdrawal of offensive language\n(1) A Member who, in the opinion of the Presiding Member, uses an expression which—\n(a) in the absence of a resolution under clause 8.14—\n(i) reflects adversely on the character or actions of another Member or Officer; or\n(ii) imputes any motive to a Member or Officer; or\n(b) is offensive or insulting,\nmust, when directed by the Presiding Member, withdraw the expression and make a satisfactory\napology.\n(2) If a Member fails to comply with a direction of the Presiding Member under subclause (1), the\nPresiding Member may refuse to hear the Member further on the matter then under discussion and\ncall on the next speaker.\nPART 9—PRESERVING ORDER\n9.1 Presiding Member to preserve order\n(1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call\nany Member to order.\n(2) When the Presiding Member speaks during a debate, any Member then speaking, or indicating\nthat he or she wishes to speak, is immediately to sit down and every Member present is to preserve\nstrict silence so that the Presiding Member may be heard without interruption.\n\n","sortOrder":49},{"sectionNumber":"4060","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4060 GOVERNMENT GAZETTE, WA 21 September 2016\n(3) Subclause (2) is not to be used by the Presiding Member to exercise the right provided in clause\n8.6, but to preserve order.\n9.2 Point of order\n(1) A Member may object, by way of a point of order, only to a breach of—\n(a) any of this local law; or\n(b) any other written law.\n(2) Despite anything in this local law to the contrary, a point of order—\n(a) takes precedence over any discussion; and\n(b) until determined, suspends the consideration or discussion of any other matter.\n9.3 Procedures on a point of order\n(1) A Member who is addressing the Presiding Member is not to be interrupted except on a point of\norder.\n(2) A Member interrupted on a point of order is to resume his or her seat until—\n(a) the Member raising the point of order has been heard; and\n(b) the Presiding Member has ruled on the point of order,\nand, if permitted, the Member who has been interrupted may then proceed.\n9.4 Calling attention to breach\nA Member may, at any time, draw the attention of the Presiding Member to any breach of this local\nlaw.\n9.5 Ruling by the Presiding Member\n(1) The Presiding Member is to rule on any point of order which is raised by either upholding or\nrejecting the point of order.\n(2) A ruling by the Presiding Member on a point of order is to be final unless the majority of Members\nthen present and voting, on a motion moved immediately after the ruling, dissent from the ruling.\n(3) Subject to a motion of dissent being carried under subclause (2), if the Presiding Member rules\nthat—\n(a) any motion, amendment or other matter before the meeting is out of order, it is not to be\nconsidered further; and\n(b) a statement made or act done by a Member is out of order, the Presiding Member may require\nthe Member to make an explanation, retraction or apology.\n9.6 Continued breach of order\nIf a Member—\n(a) persists in any conduct that the Presiding Member had ruled is out of order; or\n(b) refuses to make an explanation, retraction or apology required by the Presiding Member\nunder clause 9.5(3), the Presiding Member may direct the Member to refrain from taking any\nfurther part in the matter under discussion, other than by voting, and the Member is to\ncomply with that direction.\n9.7 Right of Presiding Member to adjourn\n(1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting\nfor a period of up to 15 minutes.\n(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.\n(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the\npurpose of preserving or regaining order, the second or subsequent adjournment may be to a later\ntime on the same day or to another day.\nPART 10—DEBATE OF SUBSTANTIVE MOTIONS\n10.1 Motions to be stated and in writing\nAny Member who wishes to move a substantive motion or an amendment to a substantive motion—\n(a) is to state the substance of the motion before speaking to it; and\n(b) if required by the Presiding Member, is to put the motion or amendment in writing.\n10.2 Motions to be supported\n(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has\nbeen seconded.\n(2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless\nthe motion has the support required under regulation 10 of the Regulations.\n10.3 Unopposed business\n(1) Immediately after a substantive motion has been moved and seconded, the Presiding Member may\nask the meeting if any Member opposes it.\n(2) If no Member opposes the motion, the Presiding Member may declare it carried without debate\nand without taking a vote.\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4061\n(3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous\ndecision of the Council.\n(4) If a Member opposes a motion, the motion is to be dealt with under this Part.\n(5) This clause does not apply to a motion to revoke or change a decision which has been made at a\nCouncil meeting under Part 16.\n10.4 Only one substantive motion at a time\nWhen a substantive motion is under debate at a meeting of the Council, no further substantive\nmotion is to be accepted. The Council is not to consider more than one substantive motion at any time.\n10.5 Order of call in debate\nThe Presiding Member is to call speakers to a substantive motion in the following order—\n(a) the mover to state the motion;\n(b) a seconder to the motion;\n(c) the mover to speak to the motion;\n(d) the seconder to speak to the motion;\n(e) a speaker against the motion;\n(f) a speaker for the motion;\n(g) other speakers against and for the motion, alternating where possible; and\n(h) mover takes right of reply which closes debate.\n10.6 Limit of debate\nThe Presiding Member may offer the right of reply and put a substantive motion to the vote if he or\nshe believes that sufficient discussion has taken place even though all Members may not have spoken.\n10.7 Member may require question to be read\nA Member may require the question or matter under discussion to be read at any time during a\ndebate, but not so as to interrupt any other Member who is speaking.\n10.8 Consent of seconder required for alteration\nThe mover of a substantive motion may not alter the wording of the motion without the consent of the\nseconder.\n10.9 Order of amendments\nAny number of amendments may be proposed to a substantive motion, but when an amendment is\nmoved to a substantive motion, no second or subsequent amendment is to be moved or considered\nuntil the first amendment has been withdrawn, carried or lost.\n10.10 Form of an amendment\nAn amendment must add, delete, or substitute words to the substantive motion.\n10.11 Amendment must not negate original motion\nAn amendment to a substantive motion cannot negate the original motion or the intent of the original\nmotion.\n10.12 Relevance of amendments\nEach amendment is to be relevant to the motion in respect of which it is moved.\n10.13 Mover of motion may speak on amendment\nAny Member may speak during debate on an amendment.\n10.14 Effect of an amendment\nIf an amendment to a substantive motion is carried, the motion as amended then becomes the\nsubstantive motion, on which any Member may speak and any further amendment may be moved.\n10.15 Withdrawal of motion or amendment\n(1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a motion or\namendment on the request of the mover of the motion or amendment and with the approval of the\nseconder.\n(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to\nbe withdrawn, except by consent of the majority of Members present, until the amendment proposed\nhas been withdrawn or lost.\n10.16 Right of reply\n(1) The mover of a substantive motion has the right of reply.\n(2) The mover of any amendment to a substantive motion has a right of reply.\n(3) The right of the reply may only be exercised—\n(a) where no amendment is moved to the substantive motion—at the conclusion of the discussion\non the motion; or\n(b) where one or more amendments have been moved to the substantive motion—at the\nconclusion of the discussion on the substantive motion and any amendments.\n\n","sortOrder":50},{"sectionNumber":"4062","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4062 GOVERNMENT GAZETTE, WA 21 September 2016\n(4) After the mover of the substantive motion has commenced the reply—\n(a) no other Member is to speak on the question;\n(b) there is to be no further discussion on, or any further amendment to, the motion.\n(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no\nnew matter is to be introduced.\n(6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as\namended, is immediately to be put to the vote.\nPART 11—PROCEDURAL MOTIONS\n11.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion (under Part 10), a Member\nmay move the following procedural motions—\n(a) that the meeting proceed to the next item of business;\n(b) that the debate be adjourned;\n(c) that the meeting now adjourn;\n(d) that the question be now put;\n(e) that the Member be no longer heard;\n(f) that the ruling of the Presiding Member be disagreed with;\n(g) that the meeting be closed to the public under clause 6.2.\n11.2 No debate\n(1) The mover of a motion specified in paragraph (a), (b), (c), (f) or (g) of clause 11.1 may speak to the\nmotion for not more than five minutes, the seconder is not to speak other than to formally second the\nmotion, and there is to be no debate on the motion.\n(2) The mover of a motion specified in paragraph (d) or (e) of clause 11.1 may not speak to the motion,\nthe seconder is not to speak other than to formally second the motion, and there is to be no debate on\nthe motion.\n11.3 Who may move\nNo person who has moved, seconded, or spoken for or against the substantive motion, or any\namendment to the substantive motion, may move any procedural motion which, if carried, would close\nthe debate on the substantive motion or amendment.\n11.4 Procedural motions—right of reply on substantive motion\nThe carrying of a procedural motion which closes debate on the substantive motion or amendment\nand forces a decision on the substantive motion or amendment does not deny the right of reply to the\nmover of the substantive motion.\n11.5 Meeting to proceed to the next business\nThe motion “that the meeting proceed to the next business”, if carried, has the effect that—\n(a) the debate on the substantive motion or amendment ceases immediately;\n(b) no decision is made on the substantive motion;\n(c) the Council moves to the next item of business; and\n(d) there is no requirement for the matter to be raised again for consideration.\n11.6 Debate to be adjourned\nA motion “that the debate be adjourned”—\n(a) is to state the time to which the debate is to be adjourned; and\n(b) if carried, has the effect that all debate on the substantive motion or amendment ceases\nimmediately, but continues at the time stated in the motion.\n11.7 Meeting now adjourn\n(1) A Member is not to move or second more than one motion of adjournment during the same sitting\nof the Council.\n(2) Before putting the motion for the adjournment of the Council, the Presiding Member may seek\nleave of the Council to deal first with matters that may be the subject of an adoption by exception\nresolution under clause 5.5;\n(3) A motion “that the meeting now adjourn”—\n(a) is to state the time and date to which the meeting is to be adjourned; and\n(b) if carried, has the effect that the meeting is adjourned to the time and date specified in the\nmotion.\n(4) A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned,\nunless the Presiding Member or the Council determines otherwise.\n11.8 Question to be put\n(1) If the motion “that the question be now put”, is carried during debate on a substantive motion\nwithout amendment, the Presiding Member is to offer the right of reply and then put the motion to\nthe vote without further debate.\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4063\n(2) If the motion “that the question be now put” is carried during discussion of an amendment, the\nPresiding Member is to put the amendment to the vote without further debate.\n(3) This motion, if lost, causes debate to continue.\n11.9 Member to be no longer heard\nIf the motion “that the member be no longer heard”, is carried, the speaker against whom the motion\nhas been moved cannot speak further on the current substantive motion, or any amendment relating\nto it, except to exercise the right of reply if he or she is the mover of the substantive motion.\n11.10 Ruling of the Presiding Member to be disagreed with\nIf the motion “that the ruling of the Presiding Member be disagreed with”, is carried, that ruling is to\nhave no effect and the meeting is to proceed accordingly.\nPART 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\nDisclosure of interests is dealt with in the Act.\nPART 13—VOTING\n13.1 Question—when put\n(1) Immediately after the debate on any question is concluded and the right of reply has been\nexercised, the Presiding Member—\n(a) is to put the question to the Council; and\n(b) if requested by any Member, is to again state the terms of the question.\n(2) A Member is not to leave the meeting when the Presiding Member is putting any question.\n13.2 Voting\nVoting is dealt with in the Act and the Regulations.\n13.3 Majorities required for decisions\nThe majorities required for decisions of the Council and committees are dealt with in the Act.\n13.4 Method of taking vote\n(1) In taking the vote on any motion or amendment the Presiding Member—\n(a) is to put the question, first in the affirmative, and then in the negative;\n(b) may put the question in this way as often as may be necessary to enable him or her to\ndetermine whether the affirmative or the negative has the majority of votes;\n(c) may accept a vote on the voices or may require a show of hands; and\n(d) is, subject to this clause, to declare the result.\n(2) If a Member calls for a show of hands, the result of the vote is to be determined on the count of\nraised hands.\n(3) If a member of council or a committee specifically requests that there be recorded—\n(a) his or her vote; or,\n(b) the vote of all members present,\non a matter voted on at a meeting of the council or committee, the person presiding is to cause the\nvote or votes, as the case may be, to be recorded in the minutes.\n(4) If a Member calls for a division—\n(a) those voting in the affirmative are to pass to the right of the Presiding Member; and\n(b) those voting in the negative are to pass to the left of the Presiding Member.\n(5) For every division, the CEO is to record—\n(a) the name of each member who voted; and\n(b) whether he or she voted in the affirmative or negative.\nPART 14—MINUTES OF MEETINGS\n14.1 Keeping of minutes\nThe keeping and confirmation of minutes are dealt with in the Act.\n14.2 Content of minutes\n(1) The content of minutes is dealt with in the Regulations.\n(2) In addition to the matters required by regulation 11, the minutes of a Council meeting is to\ninclude, where an application for approval is refused or the authorisation of a licence, permit or\ncertificate is withheld or cancelled, the reasons for the decision.\n14.3 Public inspection of unconfirmed minutes\nThe public inspection of unconfirmed minutes is dealt with in the Regulations.\n\n","sortOrder":51},{"sectionNumber":"4064","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4064 GOVERNMENT GAZETTE, WA 21 September 2016\n14.4 Confirmation of minutes\n(1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to\ntheir confirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes,\nthe Member may provide the local government with a written copy of the alternative wording to\namend the minutes no later than 7 clear working days before the next ordinary meeting of the\nCouncil.\n(2) At the next ordinary meeting of the Council, the Member who provided the alternative wording\nshall, at the time for confirmation of minutes—\n(a) state the item or items with which he or she is dissatisfied; and\n(b) propose a motion clearly outlining the alternative wording to amend the minutes.\n(3) Members must not discuss items of business contained in the minutes, other than discussion as to\ntheir accuracy as a record of the proceedings.\nPART 15—ADJOURNMENT OF MEETING\n15.1 Meeting may be adjourned\nThe Council may adjourn any meeting—\n(a) to a later time on the same day; or\n(b) to any other time on any other day, including a time which coincides with the conclusion of\nanother meeting or event.\n15.2 Effect of adjournment\nWhere any matter, motion, debate or meeting is adjourned under this local law—\n(a) the names of Members who have spoken on the matter prior to the adjournment are to be\nrecorded in the minutes;\n(b) debate is to be resumed at the next meeting at the point where it was interrupted; and\n(c) the provisions of clause 8.8 [speaking twice] apply when the debate is resumed.\nPART 16—REVOKING OR CHANGING DECISIONS\n16.1 Requirements to revoke or change decisions\nThe requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of\nthe Regulations.\n16.2 Limitations on powers to revoke or change decisions\n(1) Subject to subclause (2), the Council or a committee is not to consider a motion to revoke or change\na decision—\n(a) where, at the time the motion is moved or notice is given, any action has been taken under\nclause 16.3 to implement the decision; or\n(b) where the decision is procedural in its form or effect.\n(2) The Council or a committee may consider a motion to revoke or change a decision of the kind\ndescribed in subclause (1)(a) if the motion is accompanied by a written statement of the legal and\nfinancial consequences of carrying the motion.\n16.3 Implementing a decision\n(a) authorisation means a licence, permit, approval or other means of authorising a person to\ndo anything;\n(b) implement, in relation to a decision, includes—\n(i) communicate notice of the decision to a person affected by, or with an interest in, the\ndecision; and\n(ii) take any other action to give effect to the decision; and\n(c) valid notice of revocation motion means a notice of motion to revoke or change a decision\nthat complies with the requirements of the Act, Regulations and the local laws and may be\nconsidered, but has not yet been considered, by the Council or a committee as the case may\nbe.\n(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a\nmeeting is not to be implemented by the CEO or any other person until the afternoon of the first\nbusiness day after the commencement of the meeting at which the decision was made.\n(3) The Council or a committee may, by resolution carried at the same meeting at which a decision\nwas made, direct the CEO or another person to take immediate action to implement the decision.\n(4) A decision made at a meeting is not to be implemented by the CEO or any other person—\n(a) if, before commencing any implementation action, the CEO or that person is given a valid\nnotice of revocation motion; and\n(b) unless and until the valid notice of revocation motion has been determined by the Council or\nthe committee as the case may be.\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4065\n(5) The CEO is to ensure that members of the public attending the meeting are informed by an\nappropriate notice that a decision to grant an authorisation—\n(a) is to take effect only in accordance with this clause; and\n(b) cannot be acted upon by the person who has been granted the authorisation unless and until\nthe decision has been implemented in accordance with this clause.\nPART 17—SUSPENSION OF LOCAL LAWS\n17.1 Suspension of Local Laws\n(1) A Member may at any time move that the operation of one or more of the provisions of this local\nlaw be suspended.\n(2) A Member moving a motion under subclause (1) is to state the reasons for the motion but no other\ndiscussion is to take place.\n(3) A motion under subclause (1) which is—\n(a) seconded; and\n(b) carried by an absolute majority,\nis to suspend the operation of the clause or clauses to which the motion relates for the duration of the\nmeeting, unless the meeting earlier resolves otherwise.\n17.2 Where Local Laws do not apply\n(1) In situations where—\n(a) one or more provisions of this local law have been suspended; or\n(b) a matter is not regulated by the Act, the Regulations or this local law,\nthe Presiding Member is to decide questions relating to the conduct of the meeting.\n(2) The decision of the Presiding Member under subclause (1) is final, except where a motion is moved\nand carried under clause 11.10.\n17.3 Cases not provided for in Local Laws\nThe Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where\nthis local law, the Act or the Regulations are silent. The decision of the Presiding Member in these\ncases is final, except where a motion is moved and carried under clause 11.10.\nPART 18—MEETINGS OF ELECTORS\n18.1 Electors’ general meetings\nElectors’ general meetings are dealt with in the Act.\n18.2 Matters for discussion at electors’ general meetings\nThe matters to be discussed at electors’ general meetings are dealt with in the Regulations.\n18.3 Electors’ special meetings\nElectors’ special meetings are dealt with in the Act.\n18.4 Requests for electors’ special meetings\nRequests for electors’ special meetings are dealt with in the Regulations.\n18.5 Convening electors’ meetings\nConvening electors’ meetings is dealt with in the Act.\n18.6 Who presides at electors’ meetings\nWho presides at electors’ meetings is dealt with in the Act.\n18.7 Procedure for electors’ meetings\n(1) The procedure for electors’ meetings is dealt with in the Act and the Regulations.\n(2) In exercising his or her discretion to determine the procedure to be followed at an electors’\nmeeting, the Presiding Member is to have regard to this local law.\n18.8 Participation of non-electors\nA person who is not an elector of the local government shall not take part in any discussion at an\nelectors’ meeting unless the meeting, by resolution, permits the person do so.\n18.9 Voting at electors’ meetings\nVoting at electors’ meetings is dealt with in the Regulations.\n18.10 Minutes of electors’ meetings\nMinutes of electors’ meetings are dealt with in the Act.\n18.11 Decisions made at electors’ meetings\nDecisions made at electors’ meetings are dealt with in the Act.\n\n","sortOrder":52},{"sectionNumber":"4066","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 September 2016","content":"4066 GOVERNMENT GAZETTE, WA 21 September 2016\nPART 19—ENFORCEMENT\n19.1 Penalty for breach\nA person who breaches a provision of this local law commits an offence.\nPenalty: $1,000.00 and a daily penalty of $100.00.\n19.2 Who can prosecute\nWho can prosecute is dealt with in the Act.\n————\n\n21 September 2016 GOVERNMENT GAZETTE, WA 4067\nREPEAL LOCAL LAW 2016\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the Shire of Chapman Valley resolved on 17 August 2016 to make the following local\nlaw.\n1. Citation\nThis local law is cited as the Shire of Chapman Valley Repeal Local Law 2016.\n2. Operation\nThis local law will come into operation 14 days after the date of its publication in the Government\nGazette.\n3. Repeal\nThe following local laws are hereby repealed—\n(a) Building—Minimum Area for Dwelling House as published in the Government Gazette on\n","sortOrder":53},{"sectionNumber":"19","sectionType":"section","heading":"May 1950; and","content":"19 May 1950; and\n(b) Speed of Vehicles Driven on Certain Land as published in the Government Gazette on 5 March\n1976.\n————","sortOrder":54}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1820},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as a standard suite of local government regulatory instruments. While the package contains four separate laws covering diverse topics (roads, dogs, meeting procedures, and repeals), this is a conventional 'omnibus' publication style for local laws in Western Australia. The content has not expanded beyond typical local government functions into areas like state taxation or criminal law."},"complexity_factors":["Four distinct local laws packaged together, each with separate Parts, Divisions and Subdivisions (e.g., Part 5 has 7 Divisions covering different aspects of roadside conservation)","Extensive cross-referencing to primary legislation: Local Government Act 1995 (WA), Dog Act 1976, Road Traffic Code 2000, Planning and Development Act 2005, and Wildlife Conservation Act 1950","Approximately 40 defined terms across the package, including technical distinctions like 'verge', 'thoroughfare', 'public place', 'rural residential', and 'permissible verge treatment'","Nested conditional logic: Permit systems with default conditions plus power to impose additional conditions; exceptions to prohibitions (e.g., alcohol possession allowed if in sealed containers); transitional provisions protecting existing verge treatments","Dual penalty structures: Some offences use standard court penalties (up to $5,000) while others use modified penalties (infringement notices) listed in detailed Schedules","Detailed procedural machinery in Standing Orders including specific time limits (e.g., 5 minute speeches, 72 hours notice for special meetings), mathematical majorities (absolute vs simple), and complex amendment rules (cannot negate original motion)"],"plain_english_summary":"The Shire of Chapman Valley’s four 2016 local laws regulate everyday use of public land, dog ownership, council meeting procedures, and repeal two outdated rules. They set permit and enforcement regimes for activities on roads and reserves, cap dogs and licence kennels, fix how the Council conducts meetings, and remove obsolete dwelling/speed rules. These measures affect residents, businesses, dog owners, developers and anyone using public thoroughfares in the Shire."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Repeal Local Law (cl.3) expressly removes two prior Shire laws: \"Building—Minimum Area for Dwelling House\" (19 May 1950) and \"Speed of Vehicles Driven on Certain Land\" (5 March 1976). Mechanically, those specific regulatory requirements are eliminated; the repeal does not restate or expressly replace the detailed content of those repealed instruments. The new consolidated local laws in this Gazette impose modern permit regimes, standards and offences across many public‑space and animal matters, but the repeal itself narrows the corpus of local regulation by removing the two listed historic provisions without an explicit one‑for‑one replacement."},"complexity_factors":["Wide substantive scope: multiple discrete regulatory areas (thoroughfares/trading, roadside conservation, animal control, and meeting procedure) increasing navigational complexity (Activities cl.2; Part 5; Dogs Part 2–5; Standing Orders Part 1–19).","Layered permit regimes with application, conditions, renewal, transfer and public notice rules (cl.6.2–6.5; cl.7.1–7.10; cl.4.2–4.6 for kennel licences).","Significant local discretion and delegated decision‑making (authorised persons, CEO and Council powers to impose/variation/cancel conditions) (defs cl.1.3; cl.7.2; cl.7.5; cl.4.12).","Detailed technical and site standards (verge treatments cl.2.7–2.12; kennel construction and sanitation standards in Schedule 2) requiring factual assessment by officers.","Enforcement architecture combines notices, cost recovery, criminal penalties and infringement/modified penalty regimes with a large penalty schedule (Part 10; Schedule 1; Dogs Part 6; Schedule 3).","Frequent cross‑references to State Acts, Regulations and external codes (Local Government Act, Dog Act, Road Traffic Code, Planning Act) increasing legal interdependence (defs cl.1.3; cl.3.3; cl.4.7).","Public consultation and transitional rules for particular licences and existing verge treatments (cl.4.3–4.5; cl.2.11), creating timing and notice obligations.","Multiple exemptions, policy reliance and potential policy‑driven variation (cl.1.5(3); cl.2.2(2); cl.7.4) that allow local policies to alter operation of the law."],"plain_english_summary":"This instrument repeals two old Shire laws and replaces them with consolidated local laws that regulate use of roads, verges, signage and trading in public places; roadside conservation and fire management; dog control including kennels and impounding; and the conduct of council meetings. It sets permit requirements, technical standards, offences and fines that apply across the district (Activities cl.2; Trading cl.6; Dogs Part 2–5; Standing Orders Part 1–19).\n\nPermit applicants, licence‑holders and offenders bear fees, bonds and fines; the local government, the CEO and authorised officers decide permits, impose conditions and enforce compliance (permits cl.7.1–7.10; enforcement cl.10.1–10.4; kennels cl.4.2–4.9)."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-chapman-valley-repeal-local-law-2016","history":"/api/acts/shire-of-chapman-valley-repeal-local-law-2016/history","analysis":"/api/acts/shire-of-chapman-valley-repeal-local-law-2016/analysis","conflicts":"/api/acts/shire-of-chapman-valley-repeal-local-law-2016/conflicts","importantCases":"/api/acts/shire-of-chapman-valley-repeal-local-law-2016/important-cases","documents":"/api/acts/shire-of-chapman-valley-repeal-local-law-2016/documents"}}