{"id":"wa-local:chittering-shire-of-shire-of-chittering-cemeteries-local-law-2023","name":"Shire of Chittering Cemeteries Local Law 2023","slug":"shire-of-chittering-cemeteries-local-law-2023","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437449,"registerId":"wa-local:chittering-shire-of-shire-of-chittering-cemeteries-local-law-2023-pdf-1775954268099","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"6","sectionType":"section","heading":"June 2023 GOVERNMENT GAZETTE, WA 1485","content":"6 June 2023 GOVERNMENT GAZETTE, WA 1485\nCONTENTS\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"ADMINISTRATION","content":"PART 2—ADMINISTRATION\n2.1 Powers and functions of CEO\n2.2 Plans\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Right of Burial","content":"Division 2—Right of Burial\n2.3 Issuing of grants\n2.4 Right of holder\n2.5 Renewal of grant\n2.6 Replacement of grant\n2.7 Transfer of grant\n2.8 Exercising the rights of holder\n2.9 Board may enter into an agreement for maintenance\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"APPLICATION FOR INTERMENT","content":"PART 3—APPLICATION FOR INTERMENT\n3.1 Application for interment permit\n3.2 Applications to be accompanied by certificates etc.\n3.3 Certificate of identification\n3.4 Minimum notice required\n3.5 Refusal of application\n","sortOrder":3},{"sectionNumber":"Part 4","sectionType":"part","heading":"FUNERALS AND MEMORIAL SERVICES","content":"PART 4—FUNERALS AND MEMORIAL SERVICES\n4.1 Fixing times for interments\n4.2 Memorial services or processions\n4.3 Conduct of interments by the Board\n","sortOrder":4},{"sectionNumber":"Part 5","sectionType":"part","heading":"INTERMENTS","content":"PART 5—INTERMENTS\n5.1 Requirements for burials\n5.2 Requirements for preparation of graves\n5.3 Requirements for dimensions of graves\n5.4 Requirements for disposal of ashes\n5.5 Requirements for re-opening a grave\n5.6 Requirements for exhumation\n5.7 Requirements for opening of coffin or removal of shroud\n5.8 Ashes not to be held by the Board\n","sortOrder":5},{"sectionNumber":"Part 6","sectionType":"part","heading":"APPLICATIONS FOR MEMORIALS","content":"PART 6—APPLICATIONS FOR MEMORIALS\n6.1 Application to place memorial\n6.2 Australian War Graves\n","sortOrder":6},{"sectionNumber":"Part 7","sectionType":"part","heading":"MEMORIALS PERMITTED","content":"PART 7—MEMORIALS PERMITTED\n7.1 Limitation on dimensions of memorials\n7.2 Specification for monument\n7.3 Specification for headstone\n7.4 Specification for memorial plaque base\n7.5 Specification for memorial plaque\n7.6 Specification for gravesite fencing\n7.7 Display of trade names on memorials not allowed\n\n","sortOrder":7},{"sectionNumber":"1486","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1486 GOVERNMENT GAZETTE, WA 6 June 2023\n7.8 Use of wood\n","sortOrder":8},{"sectionNumber":"Part 8","sectionType":"part","heading":"MEMORIALS AND OTHER WORK","content":"PART 8—MEMORIALS AND OTHER WORK\n8.1 Carrying out memorial work\n8.2 Removal of sand, soil or loam\n8.3 Removal of rubbish\n8.4 Plants and trees\n8.6 Placing of grave ornaments\n8.7 Hours of work\n8.8 Unfinished work\n","sortOrder":9},{"sectionNumber":"Part 9","sectionType":"part","heading":"GENERAL","content":"PART 9—GENERAL\n9.1 Vehicle access and speed limitation\n9.2 Animals\n9.3 Utility services\n9.4 Damaging and removing of objects\n9.5 Withered flowers\n9.6 Littering and vandalism\n9.7 Advertising\n9.8 Signs and directions of the Board\n9.9 Removal from a cemetery\n9.10 Board may close cemetery\n9.11 Offensive matters\n9.12 Liability for damage or works required to comply\n9.13 Offence to fail to comply with notice\n9.14 Board may undertake requirements of notice\n","sortOrder":10},{"sectionNumber":"Part 10","sectionType":"part","heading":"OFFENCES AND MODIFIED PENALTIES","content":"PART 10—OFFENCES AND MODIFIED PENALTIES\n10.1 General penalties\n10.2 Modified penalties\nSCHEDULE 1—MODIFIED PENALTIES\nSCHEDULE 2—INFRINGEMENT NOTICE\nSCHEDULE 3—WITHDRAWAL OF INFRINGEMENT NOTICE\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1487\nUnder the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and under\nall other powers enabling it, the Council of the Shire of Chittering resolved on 19 April 2023 to adopt\nthe following local law.\nThis local law may be cited as the Shire of Chittering Cemeteries Local Law 2023.\nThis local law applies to the Chittering Cemetery, Gray Road, Bindoon located in the district.\nThis local law repeals the Shire of Chittering Cemetery Local Law 2003 as published in the Government\nGazette on 12 September 2003.\nIn this local law, unless the context otherwise requires—\nAct means the Cemeteries Act 1986;\nashes means so much of the remains of a dead body after the due processes of cremation as may\nbe contained in a standard sized cremation urn;\nauthorised person means a person—\n(a) appointed by the Board for the purposes of performing any function or exercising any\npower, other than the giving of infringement notices, conferred upon an authorised\nperson by this local law; or\n(b) authorised under section 64 of the Act to give infringement notices;\nBoard means the local government;\nburial means placement of a coffin containing a dead body into a grave, and includes a natural\nburial;\nbusiness day means any week day other than a public holiday in Western Australia;\ncemetery means a cemetery under the care and control of the Board;\nCEO means the chief executive officer, for the time being, of the Board;\ncoffin means a coffin or other receptacle used for the transportation of a dead body to the grave\nsite, or the receptacle used for the burial of a dead body in a grave;\nCommissioner of Police means the Commissioner of Police for the time being appointed under\nthe Police Act 1892 and includes any person for the time being acting in that capacity;\nfuneral director means a person holding a current funeral director's licence;\ngrant of right of burial means a right granted under clause 2.3 for burial of a dead body, and for\nthe purposes of this local law, includes placement of ashes in a grave, niche wall, memorial\ngarden or under a memorial plaque, or scattering of ashes within a cemetery;\nheadstone means a memorial designed for placement at the head of a grave, commemorating a\ngrave or the placement of ashes;\ninterment includes, as the case may be—\n(a) burial of a dead body;\n(b) placement of ashes in a grave, niche wall, memorial garden or under a commemorative\nplaque; or\n(c) scattering of ashes;\ninterment permit means a single funeral permit issued by the Board under section 20 or 21 of the\nAct which entitles the holder to conduct the interment of a person named in the permit, and\nincludes placement or scattering of ashes in a cemetery;\nmemorial has the meaning set out in the Act;\n\n","sortOrder":11},{"sectionNumber":"1488","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1488 GOVERNMENT GAZETTE, WA 6 June 2023\nmemorial plaque means a panel, plate or tablet designed or used for purposes of bearing a\ncommemorative inscription;\nmemorial work means to install, repair, renovate or remove a memorial;\nmonument means a sculpture, statue, cover of a grave or other form of memorial approved by the\nBoard commemorating a grave or the placement of ashes, other than a headstone or memorial\nplaque;\nnatural burial means burial in the ground—\n(a) without preparation of the dead body using chemical preservatives; and\n(b) by containment of the dead body only in a shroud or biodegradable coffin;\nniche wall means a structure for the placement of a container of ashes in a compartment secured\nwith a covering memorial plaque;\npersonal representative means—\n(a) the administrator or executor of an estate of a deceased person;\n(b) the person who, by law of practice, has the right to apply for administration of the estate\nof the deceased person; or\n(c) a person having the lawful custody of a dead body;\nset fee refers to fees and charges set by a resolution of the Board and published in the Government\nGazette, under section 53 of the Act;\nshroud means, as the context requires—\n(a) a cloth or cloths used to securely wrap a dead body for burial; or\n(b) a dead body contained within a cloth or cloths;\nstandard grave means a grave which does not exceed any of the following dimensions: 2400\nmillimetres long, 1000 millimetres wide and 2400 millimetres deep;\nutility services means municipal or public services and includes the supply of water, electrical\npower, and, gas and also includes refuse, building waste and sewerage disposal services; and\nvehicle includes every conveyance and every object capable of being propelled or drawn on wheels,\ntracks or otherwise, other than a wheelchair or baby stroller, and includes a bicycle and a\nskateboard.\nPART 2—ADMINISTRATION\n2.1 Powers and functions of CEO\nSubject to the direction of the Board, the CEO shall exercise all the powers and functions of the Board\nin respect of a cemetery in the district.\n2.2 Plans\n(1) The Board shall establish and maintain a plan of each cemetery showing—\n(a) the location of areas set aside for burials, niche walls, memorial gardens, and placement of\nashes in a garden;\n(b) the location of an area to be used only for burials of persons of a particular religious\ndenomination;\n(c) the location of different areas of the cemetery to which different requirements for memorials\napply;\n(d) the location of areas set aside for the works and other uses as specified in sections 24(2)(a) and\n(b) of the Act; and\n(e) any restricted areas.\n(2) The plans referred to in subclause (1) shall be open for inspection by members of the public during\nnormal office hours of the Board.\nDivision 2—Right of Burial\n2.3 Issuing of grants\nThe Board may from time to time issue to a person a grant for the term specified in the Act, upon—\n(a) Written application by that person; and\n(b) Payment of the set fee.\n2.4 Right of holder\n(1) Subject to the local law, to the prior approval of the Board and to the terms and conditions (if any)\nimposed by the Board, a grant confers on the holder, during the term of the grant, an exclusive right—\n(a) to be buried in a grave specified in the grant; and\n(b) to carry out monumental works on the gravesite specified in the grant.\n(2) The Board at its absolute discretion, may determine from time to time the number of dead bodies or\nashes which may be placed in the grave.\n(3) The Board or an authorised officer may request the holder to produce the grant before the exercise\nof any rights referred to in subclause (1) and the holder shall forthwith comply with that request.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1489\n(4) If the location stipulated in the grant of right of burial is significantly and adversely affected prior\nto or at the time of burial by unforeseen conditions such as flooding, a high water table, rock, large tree\nroots or any other significant matter the Board may allocate any other gravesite of the grantee's\nchoosing that is not already subject to a grant.\n2.5 Renewal of grant\n(1) Where, at any time during the term of a grant, a holder—\n(a) makes written application; and\n(b) pays a set fee, the Board must renew the grant for a further term of twenty five (25) years\ncommencing on the expiry date of the grant.\n(2) The set fee for the issue of a new grant pursuant to this clause shall be determined by the Board\nfrom time to time.\n(3) The Board may request the holder to deliver an existing grant to it prior to issuing a new grant.\n(4) The holder shall forthwith upon receiving a request by the Board in accordance with subclause (3)\ndeliver the existing grant to the Board.\n2.6 Replacement of grant\n(1) The Board may—\n(a) upon the written application of a holder; and\n(b) upon the production of evidence to the satisfaction of the Board, issue a new grant to replace a\ngrant which is lost or destroyed.\n(2) Notwithstanding subclause (1), the Board may prior to issuing a replacement grant, require the\nholder to make a statutory declaration in a form determined by the Board.\n(3) The replacement grant issued by the Board shall be deemed to be the original grant.\n2.7 Transfer of grant\nA holder who desires to transfer a grant to another person shall make an application to the Board in a\nform determined by the Board and upon receipt of the application the Board may grant permission in\naccordance with section 26 of the Act.\n2.8 Exercising the rights of holder\nIf evidence is produced in writing to the satisfaction of the Board that a holder is unavailable or not\nimmediately ascertainable, or has died and has not specifically bequeathed a grant, then the rights\nconferred upon that holder may be exercised by a holder's personal representative or a person acting\nexpressly on behalf of a personal representative. If those persons are unavailable or not immediately\nascertainable, the Board may approve any other person.\n2.9 Board may enter into an agreement for maintenance\nThe Board may enter into an agreement with the holder of a grant of right of burial under clause 2.3 or\nholder of a pre-need certificate under clause 2.4 for the maintenance of an area of a cemetery at the\nexpense of the holder.\nPART 3—APPLICATION FOR INTERMENT\n3.1 Application for interment permit\n(1) A funeral director, the personal representative of a deceased person, or other person approved by an\nauthorised person may apply for approval for an interment of a dead body in a cemetery.\n(2) A funeral director, the personal representative of a deceased person whose body has been cremated,\nor other person approved by an authorised person may apply for approval for interment of ashes in a\ncemetery.\n(3) An application for an interment permit under subclause (1) or (2) of—\n(a) a dead body shall include details of—\n(i) proposed burial method for the dead body in accordance with clause 5.1; and\n(ii) the vehicle transporting the dead body to the gravesite; or\n(b) ashes shall include details of the proposed interment arrangements for the ashes in accordance\nwith clause 5.4(2).\n(4) An application under subclauses (1) or (2) shall be accompanied by the set fee.\n3.2 Applications to be accompanied by certificates etc.\nAn application under clause 3.1(1) shall be accompanied by—\n(a) a certificate issued under clause 3.3; and\n(b) either a medical certificate of death or a Coroner's order of burial.\n3.3 Certificate of identification\n(1) Prior to the dead body being removed to a cemetery, a person who personally knew the deceased\nshall identify the dead body and shall provide a certificate of identification, unless—\n(a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead\nbody.\n\n","sortOrder":12},{"sectionNumber":"1490","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1490 GOVERNMENT GAZETTE, WA 6 June 2023\n(2) A funeral director shall provide a certificate, where—\n(a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead\nbody.\n3.4 Minimum notice required\nAn application for interment shall be made to the Board at least 24 hours prior to the day proposed for\ninterment, otherwise an extra fee may be charged.\n3.5 Refusal of application\n(1) The Board may refuse an application for the interment permit under clause 3.1(1).\n(2) If the Board refuses to approve an application under subclause (1), written notice of the refusal is to\nbe given to the applicant.\nPART 4—FUNERALS AND MEMORIAL SERVICES\n4.1 Fixing times for interments\n(1) On receipt of a completed application form and the satisfaction of all other requirements of the\nAct and this local law, the Board may—\n(a) approve a time for the interment; and\n(b) dig or re-open any grave that is required.\n(2) The time approved for an interment is at the discretion of the Board but will be as near as possible\nto the time requested by the applicant.\n(3) Except with the permission of the Board and subject to such conditions as may be applied, a person\nshall not carry out a burial—\n(a) on a Saturday, a Sunday or a public holiday;\n(b) commencing at any time other than between the hours 9:00 am to 3:00 pm; or\n(c) to conclude later than 4:00 pm.\n4.2 Memorial services or processions\nA person shall not conduct a memorial service or procession within a cemetery unless that person has\nthe permission of the Board.\n4.3 Conduct of interments by the Board\nWhen conducting an interment, or for the purposes of deciding whether to conduct an interment, under\nsection 22 of the Act the Board may—\n(a) require a written request to be made for the Board to conduct an interment;\n(b) in its absolute discretion, charge any person requesting it to conduct an interment the set fee\nfor the conduct of that funeral;\n(c) where no fee is applicable or a reduced fee has been charged by it for the conduct of the\ninterment, determine the manner in which the interment shall be conducted;\n(d) specify an area in a cemetery for the interment;\n(e) conduct the funeral notwithstanding the failure of a person to make any application or to obtain\nany consent required under this local law; and\n(f) do or require anything which is considered necessary or convenient for the conduct of the\nfuneral by the Board.\nPART 5—INTERMENTS\n5.1 Requirements for burials\nA person shall not bring a dead body into a cemetery unless—\n(a) the Board has approved an application for the burial of that dead body made under clause\n3.1(1);\n(b) it is enclosed in a coffin or shroud which bears the name of the deceased person indelibly\ninscribed in legible characters on a plate attached in a clearly visible position; and\n(c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the\nsurname of the deceased person stamped in legible characters, each character being not less\nthan 10 millimetres in height.\n5.2 Requirements for preparation of graves\n(1) A person shall not dig or prepare a grave or fill a grave, unless that person has the permission of\nthe Board.\n(2) Regardless of prior grant of right of burial under clause 2.3 or gravesite approved upon application\nmade under clause 3.1, the Board may direct the digging or preparation of a grave in an alternate\nposition, where—\n(a) evidence of a prior interment is found, or known to have occurred;\n(b) access to the position is constrained;\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1491\n(c) the digging or preparation of the grave is unreasonably difficult; or\n(d) utility services may be interfered with.\n(3) Where an alternative position for the grave is directed under subclause (2), the Board is to advise\nthe funeral director, the personal representative of a deceased person, or other person approved by an\nauthorised person, immediately.\n5.3 Requirements for dimensions of graves\n(1) A person shall not bury a dead body in a cemetery other than in a standard grave, unless that person\nhas the permission of the Board.\n(2) Every grave prepared by the Board shall be dug at least 1800 millimetres deep and shall not exceed\n2400 millimetres in depth, unless otherwise determined by the Board.\n(3) Unless otherwise permitted by the Board, a person shall not bury a dead body within a cemetery so\nthat the distance from the top of the coffin or shroud to the original surface of the ground is—\n(a) subject to paragraph (b), less than 1600 millimetres, unless that person has the permission of\nan authorised person; or\n(b) in any circumstances less than 750 millimetres.\n(4) The permission of the Board in subclause (3) shall not be granted unless in the opinion of the\nauthorised person exceptional circumstances require granting of that permission.\n5.4 Requirements for disposal of ashes\n(1) Except in accordance with an approved application under clause 3.1(2), a person shall not bring or\ndispose of the ashes of a deceased person into a cemetery.\n(2) The person approved under subclause (1) may dispose of the ashes of that deceased person in a\ncemetery by one of the following methods, if that method is available—\n(a) placed within the perimeter of an authorised gravesite at a depth of at least 600 millimetres;\n(b) placed in a family grave;\n(c) placed in a niche wall; or\n(d) other method approved by the Board.\n(3) The Board may require a person making an application under clause 3.1(2) to provide additional\ninformation reasonably related to the application before determining the application.\n(4) The Board may—\n(a) approve an application under clause 3.1(2) unconditionally or subject to any conditions; or\n(b) refuse to approve an application under clause 3.1(2).\n(5) Where an application under clause 3.1(2) has been approved subject to conditions, the applicant\nmust comply with each of those conditions, as amended.\n(6) If the Board refuses to approve an application under clause 3.1(2), written notice of the refusal is to\nbe given to the applicant.\n5.5 Requirements for re-opening a grave\n(1) A person shall not reopen a grave without the approval of the Board.\n(2) If for the purpose of re-opening a grave in a cemetery, the Board finds it necessary to remove plants,\ngrass, shrubs or other like matter from the grave, then the person ordering the re-opening of that grave\nshall bear the cost of the removal and any necessary reinstatement.\n5.6 Requirements for exhumation\n(1) Subject to subclause (2), a person shall not exhume a dead body in a cemetery for the purposes of\nreburial within 12 months after the date of its interment.\n(2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to the Act.\n(3) Subject to subclause (1) and (2) prior to any other exhumation, the holder of a grant of right of burial\nmust have applied in writing to the Board requesting the exhumation and an authorised person has\nauthorised the exhumation.\n5.7 Requirements for opening of coffin or removal of shroud\nA person shall not open a coffin or remove a shroud in a cemetery unless—\n(a) the coffin is opened or shroud removed for the purposes of the exhumation of a dead body; or\n(b) that person has produced to the Board an order signed or authorised pursuant to the Act and\nan authorised person has approved the opening of that coffin or removal of the shroud.\n5.8 Ashes not to be held by the Board\nThe Board shall not accept custody of ashes of a deceased person, unless the Board determines that\nthere are exceptional circumstances for it to do so.\nPART 6—APPLICATIONS FOR MEMORIALS\n6.1 Application to place memorial\n(1) Upon payment of the set fee, the Board may approve an application to place a memorial with or\nwithout conditions, including restricting use of materials such as wood, dimensions of a memorial etc,\nso as not to detract from the amenity of a cemetery.\n\n","sortOrder":13},{"sectionNumber":"1492","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1492 GOVERNMENT GAZETTE, WA 6 June 2023\n(2) The Board may require the written consent of the holder of the grant of right of burial of the grave,\nthe personal representative of a deceased person, or other person to the satisfaction of an authorised\nperson to accompany an application for a memorial made under section 30 of the Act.\n(3) Where written consent is not able to be produced, the Board may approve with or without conditions\nor decline an application in its absolute discretion\n(4) If the Board refuses to approve an application under subclause (2), written notice of that refusal is\nto be provided to the applicant.\n6.2 Australian War Graves\nNotwithstanding anything in this local law to the contrary, the Office of Australian War Graves—\n(a) may place a complying memorial on a military grave; and\n(b) is not required to pay the set fee for any memorial that is placed upon a military grave.\nPART 7—MEMORIALS PERMITTED\n7.1 Limitation on dimensions of memorials\n(1) No part of a memorial, including any grave cover, kerbing, boundary marker or enclosure is to extend\nbeyond the dimensions of a standard grave.\n(2) No part of a monument above its base shall extend horizontally beyond its base.\n(3) Notwithstanding subclause (1), on request of the personal representative, the Board may approve a\nmemorial over adjoining multiple gravesites—\n(a) where the persons interred are of the same family; or\n(b) for another acceptable reason.\n7.2 Specification for monument\nA monument is to be constructed in a manner approved by the Board.\n7.3 Specification for headstone\nA headstone is to be constructed in a manner approved by the Board.\n7.4 Specification for memorial plaque base\nA memorial plaque base is to be constructed in a manner approved by the Board.\n7.5 Specification for memorial plaque\nA memorial plaque is to be made in a manner approved by the Board.\n7.6 Specification for gravesite fencing\nGravesite fencing is to be constructed in a manner approved by the Board.\n7.7 Display of trade names on memorials not allowed\nA person shall not display any trade names or marks on a memorial.\n7.8 Use of wood\nNo wooden fence, railing or construction other than a cross, shall be allowed on or around a grave, other\nthan as a temporary marker or with the permission of the Board.\nPART 8—MEMORIALS AND OTHER WORK\n8.1 Carrying out memorial work\n(1) A person shall not carry out memorial work within a cemetery unless that person is authorised by\nthe Board to do so under clause 6.1.\n(2) All material required in the erection and completion of any memorial work shall, be prepared before\nbeing taken to a cemetery.\n(3) The Board may place restrictions on the hours of work, access to a cemetery or other matters\nconsidered appropriate.\n(4) Memorial works shall be suspended during the conduct of any funeral within a cemetery.\n(5) Work is not permitted to be left unattended in an untidy or unsafe state.\n8.2 Removal of sand, soil or loam\nNo sand, earth or other material shall be taken from any part of a cemetery for use in the construction\nof any memorial or other work except with the written approval of the Board.\n8.3 Removal of rubbish\nAll refuse, rubbish or surplus material remaining after approved memorial works are completed shall\nbe immediately removed from a cemetery by the person carrying out the work.\n8.4 Plants and trees\nNo trees or shrubs shall be planted on any grave or within a cemetery except such as shall be approved\nby the Board.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1493\n8.5 Supervision\nAll workers, whether employed by the Board or by any other person, shall at all times while within the\nboundaries of a cemetery be subject to the supervision of the Board and shall obey any directions of the\nBoard.\n8.6 Placing of grave ornaments\nA person shall not place vases or other grave ornaments—\n(a) outside the perimeter of a grave in a cemetery as defined in the plans kept and maintained\nunder section 40(2) of the Act; or\n(b) outside of an area set aside by the Board as a memorial plaque section.\n8.7 Hours of work\nExcept in accordance with the permission of an authorised person, a person shall not carry out memorial\nor other work within a cemetery—\n(a) during a funeral; or\n(b) other than between the hours of 8:00 am and 4:00 pm on a business day.\n8.8 Unfinished work\nA person who does not complete any work before 4:00 pm on a business day shall leave the work in a\nneat and safe condition to the satisfaction of the Board.\nPART 9—GENERAL\n9.1 Vehicle access and speed limitation\n(1) A person must only drive a vehicle on a vehicular access way or the constructed roadway or other\nareas designated for the use of vehicles within a cemetery, unless otherwise authorised by the Board.\n(2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 20 kilometres per\nhour, and shall comply with the signs and directions in the cemetery.\n9.2 Animals\nA person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other\nthan an assistance animal as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth)\nor with the approval of the CEO or an authorised officer.\n9.3 Utility services\n(1) Other than with the approval of the Board, a person shall not—\n(a) connect any device or equipment to any utility services supplied on or at a cemetery; or\n(b) alter or interfere with utility services infrastructure located in a cemetery.\n(2) The Board may recover from a person the reasonable costs incurred by the Board for the supply to\nand use of any utility services by that person at a cemetery.\n9.4 Damaging and removing of objects\nSubject to clause 9.5, a person shall not damage, remove or pick any tree, plant, shrub or flower in a\ncemetery or any other object or thing on any grave or memorial or which is the property of the Board\nwithout the permission of the Board.\n9.5 Withered flowers\nA person may remove withered flowers from a grave or memorial and these are to be disposed of in an\nappropriate manner.\n9.6 Littering and vandalism\nA person shall not—\n(a) damage, deface or interfere with any monument or gravesite in any manner whatsoever;\n(b) break or cause to be broken any glass, ceramic or other material in or upon a cemetery; or\n(c) discard, deposit, leave or cause to be discarded, deposited or leave any refuse or litter in a\ncemetery other than in a receptacle provided for that purpose.\n9.7 Advertising\n(1) A person shall not advertise or carry on any trade, business or profession in a cemetery without the\napproval of the Board.\n(2) Upon payment of the set fee, the Board may consider and give approval subject to such conditions\nas the Board thinks fit.\n9.8 Signs and directions of the Board\n(1) The Board may display, mark, place or erect a sign within a cemetery specifying conditions relating\nto the use of that cemetery.\n(2) A person shall obey all signs displayed, marked, placed or erected by the Board within a cemetery\nand any other lawful direction by the Board.\n\n","sortOrder":14},{"sectionNumber":"1494","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1494 GOVERNMENT GAZETTE, WA 6 June 2023\n9.9 Removal from a cemetery\n(1) Any person failing to comply with any provisions of this local law or behaving in a manner that in\nthe opinion of the Board is inappropriate in a cemetery may in addition to any penalty provided by this\nlocal law be ordered to leave the cemetery.\n(2) A person to whom an order under subclause (1) is given must comply with that order.\n9.10 Board may close cemetery\nThe Board may—\n(a) temporarily close a cemetery or any part of it;\n(b) exclude from a cemetery the public and all persons or so many of the public or so many persons\nas the Board consider to be necessary;\n(c) regulate, prohibit or restrict access to a cemetery or any part of it; or\n(d) direct persons to leave a cemetery or any part of it, for purposes of—\n(i) a funeral or public convenience;\n(ii) maintenance, redevelopment or extension of a cemetery;\n(iii) public safety; or\n(iv) other operational reasons.\n9.11 Offensive matters\n(1) A person shall not allow or cause to be displayed any offensive materials, wording, symbols or images\nof any kind, whether as a sign, on a memorial or otherwise visible.\n(2) Where, in the opinion, based on reasonable grounds, of the Board, a person does not comply with\nsubclause (1), the Board may issue a notice under clause 9.12(1).\n9.12 Liability for damage or works required to comply\n(1) Where a person—\n(a) causes damage to any grave, memorial, structure, building, furniture, plant or any other item\nor thing in a cemetery;\n(b) does a thing not authorised by this local law; or\n(c) does not do a thing required by this local law;\nthe Board may by notice in writing to that person require that person within the time required in the\nnotice to, at the option of the Board—\n(d) pay the costs of reinstating the property to the state it was in prior to the occurrence of the\ndamage;\n(e) pay the costs of replacing that property;\n(f) pay the costs of works required to comply with this local law; or\n(g) carry out works required to comply with this local law.\n(2) On a failure to comply with a notice issued under subclause (1), the Board may recover the costs\nreferred to in the notice as a debt due to it.\n9.13 Offence to fail to comply with notice\nWhenever the Board gives a notice under this local law requiring a person to do anything, if a person\nfails to comply with the notice, that person commits an offence.\n9.14 Board may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 9.13, the Board may do the thing\nspecified in the notice and recover from the person to whom the notice was given, as a debt, the costs\nincurred in so doing.\nPART 10—OFFENCES AND MODIFIED PENALTIES\n10.1 General penalties\nA person who commits a breach of any provisions of this local law commits an offence and shall on\nconviction be liable to a penalty not exceeding $500, and if the offence is a continuing one to a further\npenalty not exceeding $20 for every day or part of a day during which the offence has continued.\n10.2 Modified penalties\n(1) The offences specified in Schedule 1 are offences which may be dealt with under Section 63 of the\nAct.\n(2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the fourth\ncolumn of Schedule 1.\n(3) The infringement notice referred to in Section 63(1) of the Act shall be in the form set out in the\n","sortOrder":15},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\n(4) The notice withdrawing an infringement notice referred to in Section 63(3) of the Act shall be in the\nform set out in Schedule 3.\n————\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1495\n","sortOrder":16},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"MODIFIED PENALTIES","content":"SCHEDULE 1—MODIFIED PENALTIES\n[cl. 10.2(1)]\nItem Clause Nature of offence Modified\nPenalty $\n1 4.2 Conducting a memorial service or procession without permission 50\n2 5.1 Failure to obtain approval to bring a dead body into a cemetery 50\n3 5.2(1) Unauthorised digging, preparation or filling of grave 50\n4 5.3(1) Unauthorised burial of dead body 50\n5 5.4(1) Unauthorised disposal of ashes 50\n6 5.5(1) Unauthorised reopening of a grave 50\n7 5.6(1) Unauthorised exhumation of a coffin or shroud 50\n8 5.7 Unauthorised opening of a coffin or shroud 50\n9 7.7 Use of trade name or mark on a memorial 50\n10 7.8 Unauthorised use of wood on a gravesite 50\n11 8.1 Unauthorised construction of a memorial 50\n12 8.2 Unauthorised use of materials taken from within a cemetery 50\n13 8.3 Failure to remove rubbish and surplus materials 50\n14 8.4 Unauthorised planting of tree or shrub 50\n15 8.5 Failure to comply with direction of authorised person 50\n16 8.6 Unauthorised placing of grave ornaments 50\n17 8.7 Works carried out during unauthorised times 50\n18 8.8 Failure to leave uncompleted works in a tidy and safe condition 50\n19 9.1(1) Driving vehicle other than on vehicular access way or constructed\nroadways or within designated areas\n20 9.1(2) Exceeding speed limit 50\n21 9.3 Interference with utility services 50\n22 9.4 Damaging or removing object 50\n23 9.5 Failure to dispose of withered flowers appropriately 50\n24 9.6 Littering or vandalism within a cemetery 50\n25 9.7 Unauthorised advertising and/or trading 50\n26 9.8(2) Failure to obey sign or lawful direction within cemetery 50\n27 9.9(2) Failure to comply with order to leave cemetery 50\n28 9.11(1) Display of offensive materials, wording, symbols or images 50\n29 9.13 Failure to comply with notice within specified period 50\n————\n\n","sortOrder":17},{"sectionNumber":"1496","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1496 GOVERNMENT GAZETTE, WA 6 June 2023\nSCHEDULE 2—INFRINGEMENT NOTICE\n[cl. 10.2(3)]\nInfringement Notice\nINFRINGEMENT NUMBER—\nTo—\nAddress—\nIt is alleged that—\nCemetery address—\nAt— Time\nOn— Date\nYou committed the following offence—\nContrary to— Shire of Chittering Cemeteries Local Law 2023\nSchedule 1 reference— Item No.— Clause—\nOffence—\nBrief description—\nThe modified penalty for the\noffence is—\n$\nIf you do not wish to have a complaint of the alleged offence heard\nand determined by a court, the amount of the modified penalty\nmay be paid at the Shire of Chittering within a period of 28 days\nafter the giving of this notice.\nName of authorised person—\nPosition—\nSignature—\nDate—\nPayments may be made— (a) EFT to the Shire of Chittering specifying the infringement\nnumber\n(b) In person at—Shire of Chittering, 6177 Great Northern\nHighway, Bindoon during business hours\n(c) By mail to—Shire of Chittering PO Box 70, Bindoon 6502\nPlease make cheques payable to Shire of Chittering.\nIf the penalty is not paid within the time specified, then a complaint of the alleged offence may be made\nand heard and determined by a court.\n————\n","sortOrder":18},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"WITHDRAWAL OF INFRINGEMENT NOTICE","content":"SCHEDULE 3—WITHDRAWAL OF INFRINGEMENT NOTICE\n[cl. 10.2(4)]\nWithdrawal of Infringement Notice\nNo. .................... Date ............ / ............. / .............\nTo: [1]\nInfringement Notice No dated____/_____/_____for the alleged offence of [2]\nPenalty [3] $__________ is withdrawn.\n(Delete whichever does not apply)\n* No further action will be taken.\n* It is proposed to institute court proceedings for the alleged offence.\n(Authorised Person)\n[1] Insert name and address of alleged offender.\n[2] Insert short particulars of offence alleged.\n[3] Insert amount of penalty prescribed.\n————\nThe Common Seal of the Shire of Chittering was affixed in the presence of—\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1497\nTABLE OF CONTENT\nPART 2—IMPOUNDING OF DOGS\n2.1 Fees and charges\n2.2 Attendance of authorised person at dog management facility\n2.3 Release of impounded dog\n2.4 Unauthorised release\nPART 3—KEEPING OF DOGS\n3.1 Dogs to be confined\n3.2 Limitation on the number of dogs\n3.3 Application to keep additional dog or dogs\n3.4 Determination of application\n3.5 Where application cannot be approved\n3.6 Conditions of approval\n3.7 Revocation of licence to keep additional dogs\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Application for licence for approved kennel establishment\n4.2 Notice of proposed use\n4.3 Exemption from notice requirements\n4.4 When application can be determined\n4.5 Determination of application\n4.6 Where application cannot be approved\n4.7 Conditions of approval\n4.8 Fees\n4.9 Form of licence\n4.10 Period of licence\n4.11 Variation or cancellation of licence\n4.12 Transfer\n4.13 Notification\n4.14 Objections and appeals\n4.15 Inspection of kennel\nPART 5—DOGS IN PUBLIC PLACES\n5.1 Places where dogs are prohibited absolutely\n5.2 Places which are dog exercise areas\nPART 6— MISCELLANEOUS\n6.1 Fees and charges\n6.2 Offence to excrete\nPART 7— ENFORCEMENT\n7.1 Offences\n7.2 General penalty\n7.3 Modified penalties\n7.4 Issue of infringement notice\n7.5 Failure to pay modified penalty\n7.6 Payment of modified penalty\n\n","sortOrder":19},{"sectionNumber":"1498","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1498 GOVERNMENT GAZETTE, WA 6 June 2023\n7.7 Withdrawal of infringement notice\n7.8 Service of notices\nSCHEDULE 1—INFORMATION REQUIRED FOR APPLICATION FOR A LICENCE FOR AN\nAPPROVED KENNEL ESTABLISHMENT\nSCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\nSCHEDULE 3—PRESCRIBED OFFENCES\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1499\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 Chittering resolved on 19 April 2023 to make the\nfollowing local law.\nThis local law may be cited as the Shire of Chittering Dogs Local Law 2023.\nThis local law repeals the Shire of Chittering Dogs Local Law 2011 published in the Government Gazette\non 12 August 2011.\nIn this local law unless the context otherwise requires—\nAct means the Dog Act 1976;\nadjoining includes land or premises which have a portion of a common boundary with a lot or is\nseparated from that lot by a public reserve, road, right-of-way, pedestrian access way, access\nleg of a battle-axe lot or the equivalent not more than 6 metres in width;\nauthorised person means a person appointed by the local government to perform all or any of the\nfunctions conferred on an authorised person under this local law;\nCEO means the Chief Executive Officer for the local government;\ndangerous dog has the meaning given to it by section 3(1) of the Act;\ndistrict means the district of the Shire of Chittering;\ndog management facility has the meaning given to it in section 3(1) of the Act;\ninfringement notice means the notice referred to in clause 7.4;\nkennel establishment means any premises where more than the number of dogs under clause\n3.2(2) over the age of three months are kept, boarded, trained or bred temporarily, usually for\nprofit and where the occupier of the premises is not the ordinary keeper of the dogs;\nlicence means a licence to keep an approved kennel establishment on premises granted under\nclause 4.7;\nlicensee means the holder of a licence granted under clause 4.7;\nlocal planning scheme means a planning scheme of the local government made under the\nPlanning and Development Act 2005;\nnotice of withdrawal means the notice referred to in clause 7.7(1);\nowner, in relation to a dog, has the same meaning as in section 3(1) and (2) of the Act;\nperson liable for the control of the dog has the same meaning as in section 3(1) of the Act;\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 made under clause 4.1;\npublic place has the meaning given to it by section 3(1) of the Act;\nRegulations means the Dog Regulations 2013;\nSchedule means a schedule to this local law;\nset fee means a fee or charge made by the local government in accordance with clause 2.1 or clause\n4.8;\nthoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995;\ntownsite means land constituted, defined, or reserved as the site of a town or village under the\nLand Administration Act 1997; and\ntransferee means a person who applies for the transfer of a licence to her or him under clause 4.12.\n\n","sortOrder":20},{"sectionNumber":"1500","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1500 GOVERNMENT GAZETTE, WA 6 June 2023\nPART 2—IMPOUNDING OF DOGS\n2.1 Fees and charges\nThe following are to be imposed and determined by the local government under sections 6.16 to 6.19 of\nthe 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 set fee payable under section 29(4) of the Act where a dog is released at a time\nor on a day other than those determined under clause 2.2; and\n(c) application for additional costs of the destruction and the disposal of a dog referred to in section\n29(15) of the Act.\n2.2 Attendance of authorised person at dog management facility\nAn authorised person is to be in attendance at the dog management facility for the release of dogs at\nthe times and on the days of the week as 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 an authorised person.\n(2) An authorised person is not to release a dog seized and impounded to any person unless that person\nhas produced, to the satisfaction of an authorised person, 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.\n2.4 Unauthorised release\nUnauthorised release of dogs is dealt with by section 43 of the Act.\nPART 3—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 remains\nconfined) and is fitted with a proper latch or other means of fastening it;\n(d) maintain the fence and all gates and doors in the fence in good order and condition; 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\nAct and 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 of this local law 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 section\n26(3) of the Act—\n(a) two (2) dogs over the age of three (3) months and the young of those dogs under that age if the\npremises are situated on land zoned townsite or residential; or\n(b) three (3) dogs over the age of three (3) months and the young of those dogs under that age if\nthe premises situated on land zoned other than townsite or residential.\n3.3 Application to keep additional dog or dogs\n(1) Subject to clause 3.5, the local government may consider an application to keep an additional dog or\ndogs where—\n(a) the property is deemed suitable by an authorised person—\n(i) having sufficient space capable of confining all dogs;\n(ii) noise, odours, fleas, flies and other vectors of disease will be effectively controlled; and\n(iii) the care and welfare of the dogs is considered adequate;\n(b) the details of every dog proposed to be kept on the premises are provided including name, age,\ncolour/description, breed, registration number and microchip details; and\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1501\n(c) sufficient reason has been provided, including—\n(i) to replace an elderly or sick dog not expected to live;\n(ii) a family emergency resulting in the dog being inherited;\n(iii) merging of two households;\n(iv) where the applicants have had approval to keep an additional dog or dogs in another\nlocal authority; or\n(v) on premises zoned as rural or rural residential under a local planning scheme, the dog\nor dogs are required for stock management or to be on the premises temporarily for the\npurposes of training for stock management.\n(d) in the case of a tenanted property provide written consent by either the landowner or their\nappointed property owner\n3.4 Determination of application\nIn determining an application for a licence, the local government is to have regard to—\n(a) the matters referred to in clause 3.3;\n(b) the effect which approval of the application may have on the environment or amenity of the\nneighbourhood;\n(c) whether approval of the application will create a nuisance for the owners and occupiers of\nadjoining premises.\n3.5 Where application cannot be approved\nThe local government will not approve an application to keep an additional dog or dogs where it exceeds\nthe limit (6) referred to in the Act.\n3.6 Conditions of approval\n(1) The local government may approve an application to keep an additional dog or dogs subject to any\nconditions as considered appropriate.\n(2) Approval of an application is not transferable to successive owners or occupiers of the premises.\n(3) A person who fails to comply with a condition imposed under subclause (1) commits an offence.\n3.7 Revocation of licence to keep additional dogs\nWhere a person does not comply with the conditions of approval to keep an additional dog or dogs under\nclause 3.6 the local government may revoke the approval to keep an additional dog or dogs.\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Application for licence for approved kennel establishment\nAn application for a licence must contain the information listed in Schedule 1, and must be lodged with\nthe local government together with—\n(a) a written acknowledgement that the applicant has read and agrees to comply with any code of\npractice relating to the keeping of dogs nominated by the local government;\n(b) any other information reasonably required by the local government; and\n(c) the set fee for the application for a licence referred to in clause 4.8(1).\n4.2 Notice of proposed use\n(1) Upon receipt of an application for a licence under clause 4.1, the local government is to give notice\nof the proposed use of the premises as an approved kennel establishment—\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 local government\nwithin 14 days of the date the notice is given; and\n(b) the application plans and specifications may be inspected at the offices of the local government.\n(3) The local government may refuse to determine the application for a licence until the notice or notices,\nas the case may be, is given.\n4.3 Exemption from notice requirements\nThe requirements of clauses 4.2 and 4.4(a) and Schedule 1 clause 5(c) do not apply in respect of the\napplication for a licence where under a local planning scheme an application for a licence is made in\nrespect of premises on which an approved kennel establishment is either a—\n(a) permitted use; or\n(b) use which the local government may approve subject to compliance with specified notice\nrequirements.\n4.4 When application can be determined\nAn application for a licence is not to be determined by the local government until the local government\nhas considered any written submissions received within the time specified in clause 4.2(2)(a) on the\nproposed use of the premises.\n\n","sortOrder":21},{"sectionNumber":"1502","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1502 GOVERNMENT GAZETTE, WA 6 June 2023\n4.5 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 4.6;\n(b) any written submissions received within the time specified in clause 4.2(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 occupiers\nof adjoining premises; and\n(f) whether or not the imposition of and compliance with appropriate conditions of a licence will\nmitigate any adverse effects of the approved kennel establishment identified in the preceding\nparagraphs.\n4.6 Where application cannot be approved\nThe local government cannot approve an application for a licence where—\n(a) an approved kennel establishment cannot be permitted by the local government on the\npremises under a local planning scheme; or\n(b) an applicant for a licence or another person who will have the charge of the dogs will not reside\non the premises, or, in the opinion of the local government, sufficiently close to the premises so\nas to control the dogs and so as to ensure their health and welfare.\n4.7 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.\n(3) A person who fails to comply with a condition imposed under subclause (1) commits an offence.\n4.8 Fees\n(1) On lodging an application for a licence, the applicant is to pay a set fee to the local government.\n(2) On the issue or renewal of a licence, the licensee is to pay a set fee to the local government.\n(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a set fee to the\nlocal government.\n(4) The set fees referred to in subclauses (1) to (3) are to be imposed and determined by the local\ngovernment under sections 6.16 to 6.19 of the Local Government Act 1995.\n4.9 Form of licence\nThe licence is to be in the form determined by the local government from time to time and is to be issued\nto the licensee.\n4.10 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 set fee referred to in clause 4.8(2) is paid to the local government\nprior to 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.\n4.11 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) subclause (2)(a), the date requested by the licensee; or\n(b) subclause (2)(b) or (c), the date determined under section 27(6) of the Act.\n(4) If a licence is cancelled the set fee paid for that licence is not refundable for the term of the licence\nthat has not yet expired.\n4.12 Transfer\n(1) A written application for the transfer of a valid licence from the licensee to another person must\nbe—\n(a) made by the transferee;\n(b) made with the written consent of the licensee; and\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1503\n(c) 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;\n(ii) the set fee for the application for the transfer of a licence referred to in clause 4.8(3); and\n(iii) any other relevant information required.\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 4.13(b), the transferee\nbecomes the licensee of the licence for the purposes of this local law.\n4.13 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 4.11(1);\n(d) a licensee when her or his licence is due for renewal and the manner in which it may be\nrenewed;\n(e) a licensee when her or his licence is renewed;\n(f) a licensee of the cancellation of a licence under clause 4.11(2)(a); and\n(g) a licensee of the cancellation of a licence under clause 4.11(2)(b) or (c), which notice is to be\ngiven in accordance with section 27(6) of the Act.\n4.14 Objections and appeals\n(1) The provisions of Division 1 of Part 9 of the Local Government Act 1995 and regulation 33 of the\nLocal Government (Functions and General) Regulations 1996 apply to a decision where the local\ngovernment makes a decision as to whether it will—\n(a) grant an application for a licence;\n(b) vary or cancel a licence;\n(c) impose or amend a condition to which a licence is subject; or\n(d) transfer of a licence.\n(2) Under these provisions, an affected person may have the right to object to, or to appeal against, a\ndecision of the local government.\n4.15 Inspection of kennel\nWith the consent of the occupier, an authorised person may inspect an approved kennel establishment\nat any time.\nPART 5—DOGS IN PUBLIC PLACES\n5.1 Places where dogs are prohibited absolutely\nDesignation of places where dogs are prohibited absolutely is dealt with in the Act.\n5.2 Places which are dog exercise areas\nDesignation of places which are dog exercise areas is dealt with in the Act.\nPART 6— MISCELLANEOUS\n6.1 Fees and charges\nSet fees and charges are to be imposed and determined by the local government under sections 6.16 to\n6.19 of the Local Government Act 1995.\n6.2 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 control\nof the dog at that time commits an offence.\n(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any\nexcreta is removed immediately by that person.\n(4) Notwithstanding clause 7.2, the maximum penalty for an offence under subclause (1) is $1000.\n\n","sortOrder":22},{"sectionNumber":"1504","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1504 GOVERNMENT GAZETTE, WA 6 June 2023\nPART 7— ENFORCEMENT\n7.1 Offences\nA person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n7.2 General penalty\nA person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding\n$5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $100 for each\nday or part of the day during which the offence has continued.\n7.3 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 fourth column of Schedule 3 directly opposite an offence is the modified\npenalty payable in respect of that offence if the dog is not a dangerous dog.\n(3) The amount appearing in the fifth column of Schedule 3 directly opposite an offence is the modified\npenalty payable in respect of that offence if the dog is a dangerous dog.\n7.4 Issue of infringement notice\nWhere an authorised person has reason to believe that a person has committed an offence in respect of\nwhich a modified penalty may be imposed, he or she may issue to that person a notice in the form of\nForm 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996.\n7.5 Failure to pay modified penalty\nWhere a person who has received an infringement notice fails to pay the modified penalty within the\ntime specified in the notice, or within such further time as may in any particular case be allowed by an\nauthorised person, he or she is deemed to have declined to have the offence dealt with by way of a\nmodified penalty.\n7.6 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or within\nsuch further time as may in any particular case be allowed by an authorised person, send or deliver to\nthe local 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 penalty\nand issue an acknowledgment.\n7.7 Withdrawal of infringement notice\n(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice in the form of Form 3 of Schedule 1 of the Local Government\n(Functions and General) Regulations 1996.\n(2) A person authorised to issue an infringement notice under clause 7.4 cannot sign or send a notice of\nwithdrawal.\n7.8 Service of notices\nAn infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it\nat 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————\nSCHEDULE 1—INFORMATION REQUIRED FOR APPLICATION FOR A LICENCE FOR AN\nAPPROVED KENNEL ESTABLISHMENT\n[cl. 4.1]\n1. Details of applicants—\n(a) Full name/s of applicant/s;\n(b) Postal address;\n(c) Telephone number;\n(d) Mobile number;\n(e) Fax number; and\n(f) E-mail address.\n(g) Address of proposed premises.\n(h) Dogs to be kept—\n(a) Number; and\n(b) Breed.\n(i) Either—\n(a) Person residing on the premises—\n(i) Name;\n(ii) As from; and\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1505\n(iii) Mobile phone number, or\n(b) Person sufficiently close to the premises so as to control the dogs and ensure their health\nand welfare—\n(i) Name;\n(ii) Address;\n(iii) As from; and\n(iv) Mobile phone number.\n(j) To be included—\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 proposed kennel establishment;\n(c) copy of notice of proposed use to appear in newspaper and to be given to adjoining\npremises under clause 4.2;\n(d) 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(e) if the person in item (d) is not the applicant, written evidence that the person is a person\nin charge of the dogs.\n(k) Signature of applicant/s.\n(l) Date.\n————\nSCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\n[cl. 4.7]\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) 25 metres from the front boundary of the premises and 5 metres from any other boundary\nof the premises;\n(ii) 10 metres from any dwelling; and\n(iii) 25 metres from any church, school room, hall, factory, dairy or premises where food is\nmanufactured, prepared, packed or stored for human consumption;\n(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or\nnetting or other materials approved by the local government;\n(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed\nof dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel\nand the length of the dog is to be determined by measuring from the base of the tail to the front\nof its shoulder;\n(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the\nfloor area of the kennel or group of kennels to which it is attached;\n(f) the upper surface of the kennel floor must be—\n(i) at least 100 millimetres above the surface of the surrounding ground;\n(ii) smooth so as to facilitate cleaning;\n(iii) rigid;\n(iv) durable;\n(v) slip resistant;\n(vi) resistant to corrosion;\n(vii) non-toxic;\n(viii) impervious;\n(ix) free from cracks, crevices and other defects; and\n(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn\nmust lead to a suitably sized diameter sewerage pipe which must be properly laid,\nventilated and trapped in accordance with the health requirements of the local\ngovernment;\n(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to\napproved apparatus for the treatment of sewage in accordance with the health requirements of\nthe local government;\n\n","sortOrder":23},{"sectionNumber":"1506","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1506 GOVERNMENT GAZETTE, WA 6 June 2023\n(h) the kennel floor must have a durable up-stand rising 75 millimetres above the floor level from\nthe junction of the floor and external and internal walls, or internal walls must be so\nconstructed as to have a minimum clearance of 50 millimetres from the underside of the bottom\nplate 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) 2000 millimetres; or\n(ii) four times the height of the breed of dog in the kennel, when it is fully grown, measured\nfrom the floor to the uppermost tip of its shoulders while in a stationary upright position;\n(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted\ninternally and externally with good quality new zincalume or new pre-finished colour coated\nsteel sheeting or new fibrous cement sheeting or other durable material approved by the local\ngovernment;\n(l) all external surfaces of each kennel must be kept in good condition;\n(m) the roof of each kennel must be constructed of impervious material;\n(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must\nbe cleaned and disinfected when so ordered by an authorised person;\n(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the\ntreatment of sewage;\n(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;\n(q) suitable water must be available at the kennel via a properly supported standpipe and tap; and\n(r) the licensee or the person nominated in the application for a licence, must, in accordance with\nthe application for the licence, continue to reside—\n(i) at the premises; or\n(ii) in the opinion of the local government, sufficiently close to the premises so as to control\nthe dogs, and to ensure their health and welfare.\n————\nSCHEDULE 3—PRESCRIBED OFFENCES\n[cl. 7.3(1)]\nItem Clause Nature of offence Modified\npenalty\n$\nDangerous\nDog Modified\nPenalty\n$\n1 3.1 Failing to provide means for effectively confining\na dog\n","sortOrder":24},{"sectionNumber":"200","sectionType":"section","heading":"As per","content":"200 As per\nRegulations\n2 3.6 Failure to comply with conditions of approval to\nkeep additional dog or dogs\n200 500\n3 4.7 Failure to comply with the conditions of a licence 200 200\n4 6.2 Dog excreting in prohibited place 100 100\n————\nThe Common Seal of the Shire of Chittering was affixed in the presence of—\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1507\nTABLE OF CONTENTS\n1.4 Definitions\nPART 2—CAT CONTROL\n2.1 Cats not to be a nuisance\n2.2 Cat prohibited areas\nPART 3—PERMITS FOR KEEPING CATS\n3.1 Interpretation\n3.2 Prescribed premises\n3.3 Standard number of cats\n3.4 Cats for which a permit is required\n3.5 Application for permit\n3.6 Refusal to determine application\n3.7 Factors relevant to the determination of application\n3.8 Decision on application\n3.9 Conditions\n3.10 Compliance with conditions of permit\n3.11 Duration of a permit\n3.12 Revocation\n3.13 Permit not transferable\n3.14 Permit to be kept at premises and available for view\nPART 4—MISCELLANEOUS\n4.1 Giving of an infringement notice\nPART 5—OBJECTIONS AND APPEALS\n5.1 Objections and appeal rights\nPART 6—OFFENCES AND PENALTIES\n6.1 Offences\n6.2 Prescribed offences\n6.3 Forms\nSCHEDULE 1\nSCHEDULE 2\nSCHEDULE 3\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1509\nUnder the powers conferred by the Cat Act 2011, the Local Government Act 1995 and by all other powers\nenabling it, the Council of the Shire of Chittering resolved on 19 April 2023 to make the following local\nlaw.\nThis local law may be cited as the Shire of Chittering Keeping and Control of Cats Local Law 2023.\n1.4 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Cat Act 2011;\napplicant means the occupier of the premises who makes an application for a permit under this\nlocal law;\nauthorised person means a person authorised by the local government, under section 9.10 of the\nLocal Government Act 1995 to perform the functions conferred on an authorised person under\nthis local law;\ncat means an animal of the species felis catus or a hybrid of that species;\ncat management facility means–\n(a) a facility operated by a local government that is, or may be, used for keeping cats;\n(b) a facility for keeping cats that is operated by a person or body prescribed; or\n(c) a facility for keeping cats that is operated by a person or body approved in writing by a\nlocal government;\ncat prohibited area means an area as outlined in Schedule 3;\ncattery means any premises where more than 6 cats are kept, bred, boarded, housed, or trained\ntemporarily, whether for profit or otherwise, and where the occupier of the premises is not the\nordinary owner of the cats;\nCEO means the Chief Executive Officer of the local government;\neffective control in relation to a cat means any of the following methods–\n(a) held by a person who is capable of controlling the cat;\n(b) securely Tethered;\n(c) secured In A Cage; Or\n(d) any other means of preventing escape;\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;\noccupier has the meaning given to it in the Local Government Act 1995;\nowner, in relation to a cat, has the meaning given to it in the Act;\npermit means a permit issued by the local government under Part 3;\npermit holder means a person who holds a valid permit under Part 3;\npremises includes the following—\n(a) land (whether or not vacant);\n\n","sortOrder":25},{"sectionNumber":"1510","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1510 GOVERNMENT GAZETTE, WA 6 June 2023\n(b) the whole or part of a building or structure (whether of a permanent or temporary\nnature); and\n(c) a vehicle;\nRSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western\nAustralia;\nschedule means a schedule to this local law;\nscheme means a planning scheme of the local government made by it under the Planning and\nDevelopment Act 2005 and its antecedents.\nThis local law repeals the Shire of Chittering Cats Local Law 2015 as published in the Government\nGazette on 8 December 2015 and amended in the Government Gazette on 30 August 2016.\nPART 2—CAT CONTROL\n2.1 Cats not to be a nuisance\n(1) An owner shall not allow a cat to be or create a nuisance.\n(2) Where in the opinion of an authorised person, a cat is creating a nuisance, the local government\nmay give written notice to the owner of the cat requiring that person to abate the nuisance.\n(3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in\nforce for the period specified by the local government in the notice which shall not exceed 28 days.\n(4) An owner given a notice to abate the nuisance shall comply with the notice within the period\nspecified in the notice.\n(5) If the owner fails to comply— the owner of the cat commits an offence\n2.2 Cat prohibited areas\n(1) A cat shall not be in places specified in Schedule 3 at any time, whether or not under effective control.\n(2) If a cat is in a cat prohibited area in contravention of subclause (1), then—\n(a) The owner of the cat commits an offence; and\n(b) An authorised person may seize and impound the cat in accordance with the Act.\nPART 3—PERMITS FOR KEEPING CATS\n3.1 Interpretation\nIn this part, cat does not include a cat less than 6 months old.\n3.2 Prescribed premises\nFor the purposes of the definition of prescribed premises in regulation 4(1) of the Cat (Uniform Local\nProvisions) Regulations 2013, this local law limits the number of cats that may be kept at any premises\nwithin the district except—\n(a) A cat management facility operated by a body prescribed as a cat management facility operator\nunder the Cat Regulations 2012; or\n(b) A cat management facility operated by the local government; or\n(c) A veterinary clinic or veterinary hospital as defined under section 2 of the Veterinary Surgeons\nAct 1960.\n3.3 Standard number of cats\nFor the purposes of the definition of standard number of cats in regulation 4(1) of the Cat (Uniform\nLocal Provisions) Regulations 2013, no more than two (2) cats may be kept on any premises.\n3.4 Cats for which a permit is required\n(1) Subject to subclause (2) a person is required to have a permit to—\n(a) Keep more than 2 cats on any premises; or\n(b) Use any premises as a cattery or cat management facility.\n(2) A permit is not required under subclause (1) if the premises concerned are—\n(a) A refuge of the RSPCA or any other body prescribed in regulation 4 of the Cat Regulations 2012;\nor\n(b) A cat management facility which has been approved by the local government;\n(c) A veterinary surgery.\n3.5 Application for permit\nAn application for a permit under clause 3.4 shall be—\n(a) Made in writing by an occupier of the premises in relation to those premises;\n(b) In a form approved by the local government, describing and specifying the number of cats to be\nkept on the premises;\n(c) Accompanied by a brief reason and justification for the request;\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1511\n(d) Accompanied by the plans of the premises to which the application relates in the form\ndetermined by the local government from time to time;\n(e) Accompanied by the consent in writing of the owner of the premises where the occupier is not\nthe owner of the premises to which the application relates; and\n(f) Accompanied by the application fee for the permit determined by the local government in\naccordance with section 6.16 to 6.19 of the Local Government Act 1995.\n3.6 Refusal to determine application\nThe local government may refuse to determine an application for a permit if it is not made in accordance\nwith clause 3.5.\n3.7 Factors relevant to the determination of application\n(1) In determining an application for a permit, the local government may have regard to—\n(a) The reasons and justification provided for the request;\n(b) The physical suitability of the premises for the proposed use;\n(c) The suitability of the zoning of the premises under any Scheme which applies to the premises\nfor the proposed use;\n(d) The environmental sensitivity and general nature of the location surrounding the premises for\nthe proposed use;\n(e) The structural suitability of any enclosure in which any cat is to be kept;\n(f) The likelihood of a cat causing nuisance, inconvenience, or annoyance to the occupiers of\nadjoining land;\n(g) The likely effect on the amenity of the surrounding area of the proposed use;\n(h) The likely effect on the local environment including any pollution or other environmental\ndamage, which may be caused by the use;\n(i) Any submissions received under subclause (2) within the time specified in subclause (2); and\n(j) Such other factors which the local government may consider to be relevant in the circumstances\nof the particular case.\n(2) Before determining the application for the permit, the local government may—\n(a) Consult with nearby landowners; or\n(b) Advise nearby landowners that they may make submissions to the local government on the\napplication for a permit within 14 days of receiving that advice.\n3.8 Decision on application\n(1) The local government may—\n(a) Approve an application for a permit as it was submitted, in which case it shall approve it subject\nto the conditions in clause 3.9 and may approve it subject to any other conditions it sees fit;\n(b) Approve an application but specify an alternative number of cats permitted to be housed at the\naddress; or\n(c) Refuse to approve an application for a permit.\n(2) If the local government approves an application under subclause (1), then it shall issue a permit to\nthe applicant in the form determined by the Local Government.\n(3) If the local government refuses to approve an application under subclause (1) then it shall advise\nthe applicant accordingly in writing.\n(4) A permit may only be issued by the local government for a maximum of 6 cats on any premises other\nthan a cattery or cat management facility or a premises specified in clause 3.4(2).\n3.9 Conditions\n(1) Every permit is issued subject to the following conditions—\n(a) Each cat kept on the premises to which the permit relates shall comply with the requirements\nof the Act;\n(b) Each cat shall be contained on the premises unless under the effective control of a person;\n(c) The permit holder will provide adequate space for the exercise of the cats;\n(d) The premises shall be maintained in good order and in a clean and sanitary condition; and\n(e) Those conditions contained in Schedule 1.\n(2) In addition to the conditions subject to which a permit is to be issued under this clause, a permit\nmay be issued subject to other conditions, as the local government considers appropriate.\n3.10 Compliance with conditions of permit\nA permit holder shall comply with each condition of a permit.\n3.11 Duration of a permit\nUnless otherwise specified in a condition on a permit, a permit commences on the date of issue and\nexpires—\n(a) If it is revoked; or\n(b) The permit holder ceases to reside at the premises to which the permit relates.\n\n","sortOrder":26},{"sectionNumber":"1512","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1512 GOVERNMENT GAZETTE, WA 6 June 2023\n3.12 Revocation\nThe local government may revoke a permit if the permit holder fails to observe any provision of this\nlocal law or a condition of a permit.\n3.13 Permit not transferable\nA permit issued under clause 3.8 (1) (a) is not transferable either in relation to the permit holder or the\npremises.\n3.14 Permit to be kept at premises and available for view\n(1) A permit issued by the local government shall be kept at the premises to which it applies and shall\nbe provided to an authorised person on demand.\n(2) In the case of a registered cattery or cat management facility, the permit shall be displayed in a\nprominent place within the premises.\nPART 4—MISCELLANEOUS\n4.1 Giving of an infringement notice\nA notice given under this local law may be given to a person—\n(a) Personally;\n(b) By postal mail addressed to the person; or\n(c) By leaving it for the person at her or his address.\nPART 5—OBJECTIONS AND APPEALS\n5.1 Objections and appeal rights\nAny person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a\npermit, or by the refusal of the local government to grant a permit may object or appeal against the\ndecision under Division 1 of Part 9 of the Local Government Act 1995.\nPART 6—OFFENCES AND PENALTIES\n6.1 Offences\n(1) Any person who fails to do anything required or directed to do under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n(2) Unless otherwise specified, any person who commits an offence under this local law is liable on\nconviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to a further\npenalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has\ncontinued.\n6.2 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section\n62(1) of the Act.\n(2) The amount appearing directly opposite each such offence is the modified penalty in relation to that\noffence.\n6.3 Forms\n(1) The issue of infringement notices, their withdrawal and the payment of modified penalties are dealt\nwith in Division 4 of Part 4 of the Act.\n(2) An infringement notice in respect of an offence against this local law may be given under section 62\nof the Act and is to be in the form of Schedule 1, Form 6 of the Cat Regulations 2012.\n(3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of\nSchedule 1, Form 7 of the Cat Regulations 2012\n————\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1513\nSCHEDULE 1\nADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS\n[Clause 3.9(1) (e)]\nA. Permit to keep more than the prescribed number of cats.\nAdditional conditions\n(1) In the case of a grouped dwelling where there is no suitable dividing fence or multiple dwellings on\nthe same level, the written consent to the application for a permit of the occupier of the adjoining\ndwellings has been obtained.\n(2) Without the consent of the local government, the permit holder will not substitute or replace any\ncat that is the subject of a permit once that cat—\n(a) Dies; or\n(b) Is permanently removed from the premises.\nB. Permit to use premises as a Cattery or Cat Management Facility\nAdditional conditions\n(1) All building enclosures must be structurally sound, have impervious flooring, be well lit and\nventilated and otherwise comply with all legislative requirements.\n(2) There is to be a feed room, wash area, isolation cages and maternity section.\n(3) Materials used in structures are to be approved by the local government.\n(4) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices, and other\ndefects.\n(5) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to corrosion\nand constructed to prevent the harbourage of vermin.\n(6) Washing basins with a minimum of running cold water are to be available to the satisfaction of the\nlocal government.\n(7) The maximum number of cats to be kept on the premises stated on the permit is not to be exceeded.\n(8) A register is to be kept recording in respect of each cat the—\n(a) Date of admission;\n(b) Date of departure;\n(c) Breed, age, colour, and sex; and\n(d) Name and residential address of the owner.\n(9) The register is to be made available for inspection on the request of an authorised person.\n(10) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to minimise\ndisease.\n(11) Any sick or ailing cat is to be removed from the premises or transferred to an isolation cage\nseparated from other cats kept on the premises.\n(12) Any other matter which in the opinion of the local government is deemed necessary for the health\nand wellbeing of any cat, or person, or adjoining premises or the amenity of the area (or any part\nthereof).\n————\nSCHEDULE 2\nMODIFIED PENALTIES\n[Clause 6.2]\n1. 2.1(1) Cat causing a nuisance $200\n2. 2.1(5) Failure to abate a nuisance $200\n3. 2.2(2)(a) Cat in prohibited area $500\n4. 3.4(1)(a) Failure of a person to hold a permit when keeping\nmore than 2 cats\n$200\n5. 3.4(1)(b) Failure of a person to hold a permit for a cattery or\ncat management facility\n$200\n6. 3.10 Breach of a condition of a permit $200\n7. 6.1(2) Other offences not specified $200\n————\n\n","sortOrder":27},{"sectionNumber":"1514","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1514 GOVERNMENT GAZETTE, WA 6 June 2023\nSCHEDULE 3\nCAT PROHIBITED AREAS\nAreas where cats are prohibited—\nReserve Name Physical Lot\nBoundaries\nReserve Number Description of\nprohibition\n————\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1515\nLOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES LOCAL LAW 2023\nTABLE OF CONTENTS\n1.6 Transitional\n1.7 Application as to assistance animals\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\n","sortOrder":28},{"sectionNumber":"Div 1","sectionType":"division","heading":"Determinations","content":"Division 1—Determinations\n2.1 Determinations as to use of local government property\n2.2 Procedure for making a determination\n2.3 Discretion to erect a sign\n2.4 Determination to be complied with\n2.5 Register of determinations\n2.6 Amendment or revocation of a determination\nDivision 2—Activities which may be pursued or prohibited on specified local government property as a\nresult of a determination\n2.7 Activities which may be pursued on specified local government property\n2.8 Activities which may be prohibited on specified local government property\nDivision 3—Transitional\n2.9 Existing signs to have effect as a determination\nPART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY\nDivision 1— When a permit is required\n3.1 Activities needing a permit—general\n3.2 Possession and/or consumption of liquor\nDivision 2—Hiring local government property\n3.3 Application for a permit to hire local government property\n3.4 Decision on application where 2 or more applicants\n3.5 Responsibilities of a permit holder\n3.6 Conditions on use and hire\nDivision 3—Camping on local government property\n3.7 Camping on local government property\nPART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and interference with local government property\n4.1 Behaviour which interferes with others\n4.2 Behaviour detrimental to property\n4.3 Taking or injuring any fauna\n4.4 Drunk persons not to enter local government property\n4.5 No prohibited drugs\n4.6 No smoking\n4.7 Appropriate behaviour and adequate clothing\n4.8 Entry to local government property\n4.9 Refusal of entry to local government property\nDivision 2—Signs\n4.10 Signs\nPART 5—SPECIFIC MATTERS RELATING TO TYPES OF LOCAL GOVERNMENT\nPROPERTY\nDivision 1—Fenced or closed property\n\n1516 GOVERNMENT GAZETTE, WA 6 June 2023\n5.1 No entry to fenced or closed local government property\nDivision 2—Toilet blocks and change rooms\n5.2 Only specified gender to use entry of toilet block or change room\n5.3 Use of showers\n5.4 No use of camera devices in toilet blocks or change rooms\nPART 6—FEES FOR ENTRY ONTO LOCAL GOVERNMENT PROPERTY\n6.1 Payment of applicable fees for entry or participation\nPART 7—ACTIVITIES IN PUBLIC PLACES\n7.1 General prohibitions\n7.2 Activities requiring a permit\n7.3 Obstructions\nDivision 2—Vehicle crossings\n7.4 Temporary crossing\n7.5 Removal of a redundant crossing\nDivision 3—Property numbers\nSubdivision 1—Preliminary\n7.6 Interpretation\nSubdivision 2—Assignment and marking of numbers\n7.7 Assignment and marking of number\nDivision 4—Fencing\n7.8 Public place—clause 4(1) of Division 1, Schedule 3.1 of the Act\nDivision 5—Signs erected by the local government\n7.9 Signs\n7.10 Transitional\nPART 8—ADVERTISING DEVICES ON OR IN LOCAL GOVERNMENT PROPERTY OR\nPUBLIC PLACES\n8.1 General prohibitions\n8.2 Public interest signage\n8.3 Other Portable Signs\n8.4 Election advertising\n8.5 Notification regarding removal and impounding of advertising signs\n8.6 Advertising sign to be marked\n8.7 Person or business taken to own advertising sign\n8.8 Insurance\nPART 9—OBSTRUCTING ANIMALS OR VEHICLES ON OR IN LOCAL GOVERNMENT\nPROPERTY AND PUBLIC PLACES\nDivision 1—Animals\n9.1 Leaving an animal on local government property or in a public place\n9.2 Prohibitions relating to animals\n9.3 Removal of animals\nDivision 2—Vehicles\n9.4 Leaving a vehicle in a public place\nPART 10—ROADSIDE CONSERVATION\nDivision 1—Preliminary\n10.1 Interpretations\n10.2 Application\nDivision 2—Flora roads\n10.3 Declaration of flora road\n10.4 Construction work on flora road\n10.5 Signposting of flora roads\n10.6 Driving only on carriageway of flora roads\n","sortOrder":29},{"sectionNumber":"Div 3","sectionType":"division","heading":"Special environmental areas","content":"Division 3—Special environmental areas\n10.7 Designation of special environmental areas\n10.8 Marking of special environmental areas\n","sortOrder":30},{"sectionNumber":"Div 4","sectionType":"division","heading":"Planting in thoroughfares","content":"Division 4 —Planting in thoroughfares\n10.9 Permit to plant\n10.10 Relevant considerations in determining application\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1517\n","sortOrder":31},{"sectionNumber":"Div 5","sectionType":"division","heading":"Clearance of vegetation","content":"Division 5 —Clearance of vegetation\n10.11 Permit to clear\n10.12 Application for permit\n","sortOrder":32},{"sectionNumber":"Div 6","sectionType":"division","heading":"Fire management","content":"Division 6—Fire management\n10.13 Permit to burn thoroughfare\n10.14 Application for permit\n10.15 When application for a permit can be approved\n10.16 Prohibition on burning\n","sortOrder":33},{"sectionNumber":"Div 7","sectionType":"division","heading":"Firebreaks","content":"Division 7—Firebreaks\n10.17 Fire breaks on thoroughfares\n","sortOrder":34},{"sectionNumber":"Div 8","sectionType":"division","heading":"Commercial wildflower harvesting on thoroughfares","content":"Division 8—Commercial wildflower harvesting on thoroughfares\n10.18 General prohibition on commercial wildflower harvesting\n10.19 Permit for revegetation projects\n","sortOrder":35},{"sectionNumber":"Part 11","sectionType":"part","heading":"TRADING IN PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY","content":"PART 11—TRADING IN PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY\n11.1 Restrictions and requirement to obtain a permit\n11.2 Exemptions from requirement to pay a fee\n11.3 Insurance\n11.4 When a permit is required for a street market\n","sortOrder":36},{"sectionNumber":"Part 12","sectionType":"part","heading":"PERMITS","content":"PART 12—PERMITS\nDivision 1—Applying for a permit\n12.1 Application for a permit\n12.2 Decision on application for permit\n12.3 Relevant considerations in determining application for granting a permit\nDivision 2—Conditions on a permit\n12.4 Examples of conditions\n12.5 Compliance with and variations to terms and conditions\nDivision 3—General\n12.6 Duration of permit\n12.7 Renewal of permit\n12.8 Transfer of permit\n12.9 Production of permit\n12.10 Cancellation or suspension of permit\n12.11 Nominee of permit holder\nPART 13—OBJECTIONS AND APPEALS\n13.1 Objection and appeal rights\nPART 14—MISCELLANEOUS\nDivision 1—Authorised person\n14.1 Authorised person to be obeyed\n14.2 Persons may be directed to leave local government property or a public place\nDivision 2—Notices\n14.3 Liability for damage to local government property or a public place\n14.4 Notice to redirect or repair sprinklers\n14.5 Notice to remove thing unlawfully placed on thoroughfare\n14.6 Notice to repair damage to thoroughfare\n14.7 Hazardous plants\n","sortOrder":37},{"sectionNumber":"Part 15","sectionType":"part","heading":"ENFORCEMENT","content":"PART 15—ENFORCEMENT\nDivision 1—Notices given under this local law\n15.1 Offence to fail to comply with a notice\n15.2 Local government may undertake requirements of a notice\nDivision 2—Offences and penalties\n15.3 Offences and general penalty\n15.4 Prescribed offences\n15.5 Form of notices\nDivision 3—Person to give name and address on demand\n15.6 Requirement to give name and address on demand\nSCHEDULE 1—PRESCRIBED OFFENCES\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1519\nLOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES LOCAL LAW 2023\nUnder the power conferred by the Local Government Act 1995 and under all other powers enabling it,\nthe Council of the Shire of Chittering resolved on 19 April 2023 to make the following local law.\nThis local law may be cited as the Shire of Chittering Local Government Property and Public Places\nLocal Law 2023.\nThis local law repeals the Shire of Chittering Activities on Thoroughfares and Trading in Thoroughfares\nand Public Places Local Law as published in the Government Gazette on 20 April 2001.\nIn this local law, unless the context otherwise requires—\nAct means the Local Government Act 1995 (WA);\nadvertising sign means a sign or advertisement used for the purposes of advertising or drawing\nattention to a product, business, person or event and includes election advertising and portable\nsigns;\nanimal means any animal other than a cat or dog;\nAS or AS/NZS means an Australian or New Zealand Standard as published by Standards\nAustralia and amended from time to time;\nauthorised person means a person appointed by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nBuilding Act means the Building Act 2011 (WA);\nBuilding Code Australia means the Building Code of Australia which is volumes 1 and 2, as\namended from time to time, of the National Construction Code series published by, or on behalf\nof, the Australian Building Codes Board;\nbuilt-up area has the meaning given to it in the Road Traffic Code 2000;\ncamera device means an apparatus for taking photographs or moving pictures and includes a\nmobile phone when used for this purpose;\ncarriageway has the meaning given to it in the Road Traffic Code 2000;\nchange room means a room designated for the changing of clothes and may include showers,\ntoilets and hand washing basins;\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 similar nature and from which no member receives\nany pecuniary profit except where the member is an employee or the profit is an honorarium;\nCEO means the Chief Executive Officer of the local government;\nclosed thoroughfare means a thoroughfare wholly or partially closed by the local government\nunder sections 3.50 or 3.50A of the Act;\ncommencement day means the day on which this local law commences under clause 1.2;\nCommissioner of Main Roads WA means the person appointed under section 7 of the Main Roads\nAct 1930 (WA) to be the Commissioner;\nCompetition Principles Agreement means the Competition Principles Agreement executed by\neach State and Territory of the Commonwealth and the Commonwealth of Australia on 11 April\n1995;\nCouncil means the council of the local government;\ncrossing means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\ndetermination means a determination made under clause 2.1;\n\n","sortOrder":38},{"sectionNumber":"1520","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1520 GOVERNMENT GAZETTE, WA 6 June 2023\ndetrimental to the property includes—\n(a) removing anything from the local government property such as a rock, plant, fixture,\nfitting, chattel, equipment or furniture provided for the use, enjoyment or safety of any\nperson;\n(b) destroying, defacing or damaging a building or anything on the local government\nproperty, such as a plant, fixture, chattel, equipment or furniture provided for the use,\nenjoyment or safety of any person; and\n(c) causing environmental harm or nuisance on the local government property;\ndevelopment approval means an approval issued under the local government's planning scheme;\ndrunk has the meaning provided in the Liquor Control Act 1988;\nelection advertising means any sign or advertisement which encourages persons to vote for a\ncandidate, political party or referenda or matter relating to any federal, state or local\ngovernment election;\nelection date means the date on which a federal, state or local government election is held;\nfauna means any animal indigenous to or which periodically migrates to any State or Territory of\nthe Commonwealth or the territorial waters of the Commonwealth and includes, in relation to\nany such animal—\n(a) any class of animal or individual members;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur;\nFirearms Act means the Firearms Act 1973 (WA);\nflora means all vascular plants other than plants recognised as weeds;\nFood Act means the Food Act 2008 (WA);\nfood business has the same meaning as given in the Food Act;\nfootpath has the meaning given in the Road Traffic Code 2000 and includes a shared and dual use\npath;\ngaming means has the same meaning as in the Gaming and Wagering Commission Act 1987;\nintersection has the meaning given to it by the Road Traffic Code 2000;\nliquor has the meaning given to it by the Liquor Act;\nLiquor Act means the Liquor Control Act 1988 (WA);\nlocal government policy means a policy or standard adopted by the local government;\nlocal government property means anything except a thoroughfare which—\n(a) is owned by the local government;\n(b) is vested in the local government;\n(c) is otherwise under the care, control or management of the local government, including\nunder the Land Administration Act 1997 (WA); or\n(d) is an 'otherwise unvested facility' within the meaning of section 3.53 of the Act;\nlocal public notice means notice given in accordance with the procedure set out in section 1.7 of\nthe Act;\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 common 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;\noccupier has the meaning given to it by the Act, but does not include the local government;\noff-road vehicle has the meaning given to that term by the Control of Vehicles (Off-road Areas)\nAct 1978 (WA);\nother portable sign means a portable sign other than a home open sign, display home sign or\ngarage sale sign;\nowner has the meaning given to it by the Act;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\npermitted area means the area or areas, specified in a permit for the purpose of street\nentertaining, in which the permit holder may perform;\npermitted time means the time or times, specified in a permit for the purpose of street\nentertaining, during which the permit holder may perform;\nplanning scheme has the same meaning as \"local planning scheme\" in the Planning and\nDevelopment Act 2005;\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1521\nportable sign means a free standing portable advertising sign not permanently attached to a\nstructure or fixed to the ground or pavement, and includes a 'A' frame sign;\npremises for the purposes of clauses 2.8(1)(a) and 4.6 means a building, stadium or similar\nstructure which is local government property, but not an open space such as a park or a playing\nfield;\nprohibited drug has the meaning given to it in the Misuse of Drugs Act 1981 (WA);\npromotional activity means the advertising of, promotion of, or raising of funds for, a particular\ngroup, product or service;\npublic interest sign means an advertising sign for an event that is open to the public to attend at\nno cost and is of significant interest to persons within, and visitors to, the district, and which\nis being held on local government property or in a public place, but does not include election\nadvertising;\npublic place includes a thoroughfare or place which the public are allowed to use, whether or not\nthe 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; or\n(b) local government property;\nRegulations means the Local Government (Functions and General) Regulations 1996 (WA);\nsmoke has the meaning given to it in the Tobacco Products Control Act 2006 (WA);\nstreet market means a collection of stalls, stands and displays on local government property or a\npublic place for the purposes of selling goods, wares, merchandise, produce or services, or\ncarrying out any other transaction;\nlot numbering means a number or numbers with or without an alphabetical suffix assigned to\nidentify the street address of a property;\nstreet tree means any tree or tall plant that has a wooden trunk and branches that grow from its\nupper part, planted or self-sown in the street, of an appropriate species and in an appropriate\nlocation for the purpose of contributing to the streetscape;\nthoroughfare has the meaning given to it by the Act, but does not include a private thoroughfare\nwhich is not under the management or control of the local government;\ntobacco product has the meaning given to it in the Tobacco Products Control Act 2006 (WA);\ntrader means a person who carries on trading;\ntrading means—\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 or on local government property;\n(b) displaying goods in a public place or local government property 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,\nand includes the setting up of a stall, or the conducting of a business at a stall;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or towed on wheels, tracks\nor otherwise, including an off-road vehicle; and\n(b) an animal being ridden or driven;\nbut excludes—\n(c) a wheelchair or any device designed for use by physically impaired person on a footpath;\n(d) a pram, a stroller or a similar device;\n(e) a bicycle or wheeled recreational device; and\n(f) a shopping trolley;\nWestern Power means the body corporate known as the Electricity Networks Corporation\nestablished under section 4 of the Electricity Corporations Act 2005 (WA) or such other entity\nestablished or constituted in its place or by which its functions have become exercisable;\nwheeled recreational device means a wheeled device built to transport a person which is\npropelled by human power or gravity and ordinarily used for recreation or play, including—\n(a) in-line skaters, rollerskates, a skateboard or similar wheeled device;\n(b) a scooter being used by a person 12 years of age or older; and\n(c) a unicycle,\nbut excludes a goffer, golf buggy, pram, stroller or trolley, or a bicycle, wheelchair or wheeled toy.\n\n","sortOrder":39},{"sectionNumber":"1522","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1522 GOVERNMENT GAZETTE, WA 6 June 2023\n1.6 Transitional\nAny permit, licence, consent or authorisation issued in accordance with a local law listed in clause 1.4—\n(a) is taken to be a permit granted under this local law;\n(b) is to be valid for the period specified on the permit, licence, consent or authorisation; and\n(c) may be earlier cancelled or suspended in accordance with this local law.\n1.7 Application as to assistance animals\nThis local law is subject to any written law and any law of the Commonwealth about assistance animals\nas defined in the Disability Discrimination Act 1992 (Cth).\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\nDivision 1—Determinations\n2.1 Determinations as to use of local government property\nThe local government may make a determination in accordance with clause 2.2—\n(a) setting aside specified local government property for the pursuit of all or any of the activities\nreferred to in clause 2.7;\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on\nspecified local government property;\n(c) as to the matters in clauses 2.7(2) and 2.8(2); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\n2.2 Procedure for making a determination\n(1) The local government is to give local public notice of its intention to make a determination.\n(2) The local public notice must state that—\n(a) the local government intends to make a determination, the purpose and effect of which is\nsummarised in the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the local\ngovernment; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(3) If no submissions are received under clause 2.2(2)(c), the local government is to decide—\n(a) to give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) to amend the proposed determination, in which case clause 2.2(5) will apply; or\n(c) not to continue with the proposed determination.\n(4) If submissions are received under clause 2.2(2)(c), the local government—\n(a) is to consider those submissions; and\n(b) is to decide—\n(i) whether to amend the proposed determination; or\n(ii) not to continue with the proposed determination.\n(5) If the local government decides to amend the proposed determination, it is to give local public\nnotice—\n(a) of the effects of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the local government decides not to amend the proposed determination, it is to give local public\nnotice that the proposed determination has effect as a determination on and from the date of\npublication.\n(7) A proposed amendment is to have effect as a determination on and from the date of publication of\nthe local public notice referred to in clauses 2.2(3), 2.2(5) and 2.2(6).\n(8) A decision under clauses 2.2(3) or 2.2(4) is not to be delegated by Council.\n2.3 Discretion to erect a sign\nThe local government may erect a sign on local government property to give notice of the effect of a\ndetermination.\n2.4 Determination to be complied with\nA person must comply with a determination.\n2.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act apply to the register referred to in clause 2.5(1) and for that\npurpose, the register is taken to be information within section 5.94(u)(i) of the Act.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1523\n2.6 Amendment or revocation of a determination\n(1) The Council may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the Council revokes a determination, it must give local public notice of the revocation and the\ndetermination will cease to have effect on and from the date of publication.\nDivision 2—Activities which may be pursued or prohibited on specified local government property as a\nresult of a determination\n2.7 Activities which may be pursued on specified local government property\n(1) A determination may provide that specified local government property is set aside as an area on\nwhich a person may—\n(a) bring, ride or drive an animal;\n(b) take, ride or drive a vehicle, or a particular class of vehicle;\n(c) fly or use a motorised model aircraft, car, ship, glider or rocket;\n(d) use a children's playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age;\n(e) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or not\nin specified areas of that local government property;\n(f) play or practice—\n(i) golf or archery;\n(ii) pistol or rifle shooting, but subject to compliance of that person with the Firearms Act;\nor\n(iii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government, may cause injury and damage to a person or\nproperty; or\n(g) ride a bicycle, a wheeled recreational device, or similar device; or\n(h) wear no clothing.\n(2) A determination may specify the extent to which and the manner in which an activity referred to in\nclause 2.7(1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued;\n(b) that any activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is taken to be prohibited on all local government property other than that\nspecified in the determination;\n(d) may limit the activity to a class of vehicles, equipment or things, or may extend it to all vehicles,\nequipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\n2.8 Activities which may be prohibited on specified local government property\n(1) A determination may provide that a person is prohibited from pursuing all or any of the following\nactivities on specified local government property—\n(a) smoking in premises;\n(b) riding a bicycle, a wheeled recreational device, or a similar device;\n(c) taking, riding or driving a vehicle on the property or a particular class of vehicle;\n(d) riding or driving a vehicle of a particular class or any vehicle above a specified speed;\n(e) the playing or practice of—\n(i) golf, archery, pistol or rifle shooting; or\n(ii) a similar activity specified in the determination involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\n(f) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; and\n(g) the traversing of land which in the opinion of the local government has environmental value\nwarranting such protection, either absolutely or except by paths provided for that purpose.\n(2) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in clause 2.7(1) and, in particular—\n(a) the days and times during which the activity is prohibited;\n(b) that an activity is prohibited on a class of local government property, specified local government\nproperty or all local government property;\n(c) that an activity is prohibited in respect of a class of vehicles, equipment or things, or all\nvehicles, equipment or things;\n\n","sortOrder":40},{"sectionNumber":"1524","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1524 GOVERNMENT GAZETTE, WA 6 June 2023\n(d) that an activity is prohibited in respect of a class of persons or all persons; and\n(e) may distinguish between different classes of the activity.\nDivision 3—Transitional\n2.9 Existing signs to have effect as a determination\n(1) Where a sign erected on local government property has been erected under a local law that is\nrepealed by this local law, then it is to be taken to have effect as a determination under this local law\non and from the commencement day, except to the extent that the sign is inconsistent with any\nprovisions of this local law or any determination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in clause 2.9(1).\nPART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY\nDivision 1—When a permit is required\n3.1 Activities needing a permit—general\n(1) Subject to this local law, a person must not without a permit granted in accordance with Part 14—\n(a) hire local government property;\n(b) cut, break, damage, injure, deface, pull up, pick, remove, or destroy any tree, shrub, flower,\ngrass, plant or flora of any kind on any local government property;\n(c) cut, collect or remove any timber, firewood, stone, sand or other materials on local government\n(d) plant any plant or sow any seeds on local government property;\n(e) erect any sign on local government property;\n(f) erect on local government property a structure for public amusement or for any other\nperformance, whether for gain or otherwise;\n(g) erect a building or a refuelling site on local government property;\n(h) make any excavation on, erect a fence on or remove a fence from, local government property;\n(i) erect or install any structure above or below ground which is local government property for the\npurpose of supplying any water, power, sewer, communication, television or similar service to\na person;\n(j) deposit or store anything on local government property;\n(k) depasture, tether, drive or ride any animal on local government property;\n(l) launch an aircraft or helicopter from, or land an aircraft or helicopter into, local government\n(m) camp on or lodge at local government property for the purpose of sleeping on local government\n(n) occupy any structure, including a vehicle, at night for the purpose of sleeping on local\ngovernment property;\n(o) erect a tent, camp, hut or similar structure on local government property other than a sunshade\nor windbreak erected for use during the hours of daylight and which is dismantled during those\nhours on the same day;\n(p) teach, coach or train for profit any person, animal or dog on or in local government property;\n(q) conduct a function, or undertake any promotional activity, on local government property;\n(r) charge any person for entry to local government property, unless the charge is for entry to land\nor a building hired by a charitable organisation;\n(s) light a fire on local government property except in a facility provided for that purpose;\n(t) light or set off any fireworks or conduct a fireworks display on local government property;\n(u) parachute, hang glide, abseil or base jump from or onto local government property;\n(v) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly on local\ngovernment property; or\n(w) erect, install, operate or use any broadcasting, public address system, loudspeaker or other\ndevice for the amplification of sound on local government property, other than those used by a\nsporting club in the performance of its functions.\n(2) The local government may exempt by written notice—\n(a) a person from compliance with clause 3.1(1) or any part thereof on the application by that\nperson; or\n(b) specified local government property or a class of local government property or any part thereof\nfrom the application of clause 3.1(1).\n3.2 Possession and/or consumption of liquor\nA person must not, on local government property, consume any liquor or have in his or her possession\nor under his or her control any liquor unless—\n(a) it is permitted under the Liquor Control Act 1988 (WA); and\n(b) any necessary permit has been obtained for that purpose.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1525\nDivision 2—Hiring local government property\n3.3 Application for a permit to hire local government property\n(1) The local government may hire local government property to a person who makes an application for\na permit for the hire of local government property under Part 12 and who pays the hire fee determined\nby the local government.\n(2) The local government may—\n(a) determine that the requirements of this local law do not apply to the hiring of particular local\ngovernment property or a class of local government property; and\n(b) waive the requirement to pay a hire fee or any part thereof on the application of the person\nseeking a permit.\n3.4 Decision on application where two or more applicants\nIn the event of two or more applications being made for the hire of the same local government property\nfor the same date and time, the local government may determine, in its absolute discretion, which, if\nany, applicant shall be granted a permit to hire the local government property.\n3.5 Responsibilities of a permit holder\nThe holder of a permit must—\n(a) take reasonable steps to maintain law and order by all in attendance at any function for which\nthe local government property has been hired;\n(b) ensure that an authorised person has unobstructed access to the local government property for\nthe purpose of inspecting the property or enforcing any provision of this local law;\n(c) prevent overcrowding;\n(d) leave the local government property in a clean and tidy condition after its use;\n(e) comply with a direction from the Chief Executive Officer or an authorised person to take the\naction specified in the direction for the purpose of maintaining public safety;\n(f) report any damage or defacement of the local government property to the local government;\n(g) prevent the consumption of any liquor on the local government property unless the permit\nallows it and a licence has been obtained under the Liquor Act for that purpose; and\n(h) comply with any other direction imposed by the local government.\n3.6 Conditions on use and hire\nIn addition to the conditions described in clause 12.4, the local government may impose conditions on\nthe hire of local government property relating to—\n(i) the purpose for which the local government property may be hired;\n(ii) the use of furniture, plants and effects;\n(iii) restrictions on the erection of decorations inside and outside any building which is local\ngovernment property;\n(iv) the number of persons that may attend any function in or on local government property;\n(v) the right of the local government to cancel a booking at any time during the course of an annual\nor seasonal booking;\n(vi) securing and locking up local government property at the end of each hire period;\n(vii) the prohibition of gaming unless a gaming approval has been obtained under the Gaming and\nWagering Commission Act 1987 (WA);\n(viii) requiring that the amplification of any noise or any noise emitted during the hire complies at\nall times with the Environmental Protection (Noise) Regulations 1997 (WA); or\n(ix) any other matter that the local government considers fit or appropriate.\nDivision 3—Camping on local government property\n3.7 Camping on local government property\n(1) The maximum period for which the local government may approve an application for a permit in\nrespect of the activities set out in clauses 3.1(1)(m) and 3.1(1)(o) is that provided in regulation 11(2)(a)\nof the Caravan Parks and Camping Grounds Regulations 1997 (WA).\n(2) Any tent, camp, hut or similar structure erected in contravention of clause 3.1(1)(o) and associated\ngoods may, subject to regulation 29 of the Regulations, be impounded.\nPART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and interference with local government property\n4.1 Behaviour which interferes with others\nA person must not, in or on local government property, behave in a manner which—\n(a) is likely to or does interfere with, interrupt or disturb the enjoyment of a person who might use\nthe property or who is using the property;\n(b) causes or is likely to cause a disturbance to nearby residents;\n(c) otherwise creates a nuisance; or\n(d) places the public at risk or interferes with the safety of others.\n\n","sortOrder":41},{"sectionNumber":"1526","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1526 GOVERNMENT GAZETTE, WA 6 June 2023\n4.2 Behaviour detrimental to property\nA person must not, in or on local government property, behave in a way which is or might be detrimental\nto the local government property.\n4.3 Taking or injuring any fauna\nA person must not take, injure or kill, or attempt to take, injure or kill, any fauna which is on or above\nany local government property unless that person is authorised under a written law to do so.\n4.4 Drunk persons not to enter local government property\nA person must not enter or remain on local government property while drunk or under the influence of\na prohibited drug.\n4.5 No prohibited drugs\nA person must not take a prohibited drug onto or consume or use a prohibited drug on local government\nproperty.\n4.6 No smoking\nA person must not smoke within a 5 metre radius of any entrance, exit or aperture of premises on local\ngovernment property.\n4.7 Appropriate behaviour and adequate clothing\n(1) A person over the age of 6 years shall not on or in any local government property—\n(a) appear in public unless properly dressed in clothing which covers the body to prevent indecent\nexposure, except where the property is set aside for the wearing of no clothes under clause\n2.7(1)(h);\n(b) loiter outside or act in an inappropriate manner in any portion of a toilet block or change room\nfacility; or\n(c) without the consent of the occupier, enter or attempt to enter any toilet or other compartment\nwhich is already occupied.\n(2) Where an authorised person considers that the clothing of any person on local government property\nis not proper or adequate to cover the body so as to prevent indecent exposure, the authorised person\nmay direct that person to put on adequate clothing and that person shall comply with that direction\nimmediately.\n4.8 Entry to local government property\nA person, other than an authorised person performing a function or a contractor of the local government\ncarrying out a contracted duty, shall not—\n(a) enter or leave any local government property other than by the public entrance or exit, except\nin an emergency;\n(b) enter or remain on any local government property except on those days and during those times\nwhen access is available to the public; or\n(c) enter any place that has been fenced off or closed to the public.\n4.9 Refusal of entry to local government property\n(1) Subject to clauses 5.3 and 5.4, an authorised person may refuse to allow entry, or suspend admission,\nto any local government property to any person whom he or she reasonably suspects has behaved in a\nmanner contrary to the provisions of this Part.\n(2) A refusal or suspension under subclause (1) can be for any period of up to 12 months as determined\nby an authorised person.\n(3) Subclause (1) does not apply to a venue where Council or Committee meetings are held.\nDivision 2—Signs\n4.10 Signs\n(1) The local government may erect a sign on local government property specifying any conditions of\nuse which apply to that property.\n(2) A person must comply with a sign erected under clause 4.10(1).\n(3) A condition of use specified on a sign erected under clause 4.10(1) must not be inconsistent with any\nprovision of this local law or any determination.\nPART 5—SPECIFIC MATTERS RELATING TO TYPES OF\nLOCAL GOVERNMENT PROPERTY\nDivision 1—Fenced or closed property\n5.1 No entry to fenced or closed local government property\nA person must not enter local government property which has been fenced off or closed to the public by\na sign or otherwise unless authorised by the local government.\nDivision 2—Toilet blocks and change rooms\n5.2 Only specified gender to use entry of toilet block or change room\n(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or\nchange room is to be used by—\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1527\n(a) females, then a person of the male gender must not use that entry to the toilet block or change\nroom; or\n(b) males, then a person of the female gender must not use that entry to the toilet block or change\nroom.\n(2) Clause 5.2 (1) does not apply to a child, when accompanied by a parent, guardian or caregiver where\nthe child is—\n(a) under the age of 6 years; or\n(b) otherwise permitted by an authorised person to use the relevant entry.\n5.3 Use of showers\nA person may use a shower in a change room provided that—\n(a) the facilities must only be used by the person for the purpose of cleansing, bathing and washing\nthemselves; and\n(b) the facilities must not be used for the purposes of laundering or washing any clothing or other\narticles.\n5.4 No use of camera devices in toilet blocks or change rooms\nA person must not operate a camera device in any portion of a toilet block or change room to record or\ntransmit an image.\nPART 6—FEES FOR ENTRY ONTO LOCAL GOVERNMENT PROPERTY\n6.1 Payment of applicable fees for entry or participation\n(1) Subject to clause 6.1(2), where a fee is payable for entry to local government property or participation\nin an activity on or in any local government property, a person shall not enter that property or\nparticipate in the activity without first paying the applicable fee.\n(2) The local government may exempt a person from compliance with clause 6.1(1) on the application of\nthat person.\nPART 7—ACTIVITIES IN PUBLIC PLACES\n7.1 General prohibitions\n(1) Subject to this local law, a person shall not—\n(a) plant any plant on a thoroughfare—\n(i) within the vicinity of an intersection that creates a sight line hazard in relation to\npedestrians or drivers of vehicles using that intersection and which is not maintained at\nor below 0.5 metres in height; or\n(ii) so that it is within 2 metres of a carriageway, except in the case of grass or a similar\nplant to grass;\n(b) damage a lawn or garden on or in a public place or remove any plant or part of a plant from a\nlawn or garden on or in a public place unless—\n(i) the person is the owner or occupier of the lot abutting that portion of the thoroughfare\nand the lawn, garden or the particular plant was installed or planted by that owner or\noccupier; or\n(ii) the person is acting under the authority of a written law;\n(c) on a verge, repair or service any vehicle;\n(d) place, allow to be placed or allow to remain on a thoroughfare or verge anything that results in\na hazard for any person using the thoroughfare or verge;\n(e) cause or permit any water from a hose or sprinkler to interfere with the use of any street, way\nor footpath by pedestrians;\n(f) play or participate in any game or sport so as to—\n(i) cause danger to any person on a thoroughfare; or\n(ii) obstruct the movement of vehicles or persons on a thoroughfare;\n(g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, wheeled recreational\ndevice or similar device; or\n(h) use anything or do anything so as to create a nuisance on or in a public place.\n7.2 Activities requiring a permit\n(1) Subject to clause 7.2(2), a person must not without a permit—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) damage a street tree or remove a street tree or part of a street tree, including the roots, which\nis on or in a public place irrespective of whether the street tree was planted by the owner or\noccupier of the lot abutting the thoroughfare or by the local government unless the person is\nacting under the authority of a written law;\n\n","sortOrder":42},{"sectionNumber":"1528","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1528 GOVERNMENT GAZETTE, WA 6 June 2023\n(c) damage, remove or interfere with any part of a thoroughfare, kerb, footpath or any structure\nor sign erected on or in a thoroughfare by the local government or a person acting under written\nauthority;\n(d) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare;\n(e) cause any obstruction to a water channel or a water course, including drainage swales, in a\nthoroughfare;\n(f) light any fire or burn anything on a thoroughfare or verge;\n(g) lay pipes under or provide taps on any verge;\n(h) place or install, on any part of a thoroughfare, anything such as crushed limestone, gravel,\nstone, flagstone, cement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood\nchips, bark or sawdust, including for the purposes of storage or stockpiling;\n(i) provide, erect, install or use in or on any building, structure or land abutting a thoroughfare\nany hoist or other thing for use over the thoroughfare;\n(j) interfere with the soil of, or anything in, a thoroughfare or take anything from a thoroughfare;\n(k) drive any vehicle over or across a kerb or footpath except at a vehicle crossing;\n(l) drive a vehicle or permit a vehicle to be driven across a kerb or footpath if such vehicle is so\nheavy or is of such a nature that it causes or is likely to cause damage to the kerb or the paving\nof the footpath; and\n(m) drive or take a vehicle on a closed thoroughfare unless it is in accordance with any limit or\nexception specified in an order made under section 3.50 of the Act.\n(2) The local government may exempt a person from compliance with clause 7.2(1) on the application of\nthat person.\n7.3 Obstructions\nWhere anything is deposited or an obstruction is caused to a thoroughfare, kerb or footpath contrary to\nclauses 7.1 and 7.2, the local government may—\n(a) remove or cause to be removed such deposit or obstruction; and\n(b) recover the costs of doing so as a debt due to it.\nDivision 2—Vehicle crossings\n7.4 Temporary crossing\n(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the\nlot, the person responsible for the works must obtain a permit for the construction and use of a\ntemporary crossing 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) If the local government approves an application for a permit for the purpose of clause 7.4(1), the\npermit is taken to be issued on the condition that, until such time as the temporary crossing is removed,\nthe permit holder must keep the temporary crossing in good repair and in such a condition so as not to\ncreate any danger or obstruction to persons using the thoroughfare.\n7.5 Removal of a 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 him or her\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 be\naffected by the removal,\nwithin the period of time stated in the notice.\nDivision 3—Property numbers\n","sortOrder":43},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Preliminary","content":"Subdivision 1—Preliminary\n7.6 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.\n","sortOrder":44},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Assignment and marking of numbers","content":"Subdivision 2—Assignment and marking of numbers\n7.7 Assignment and marking of number\n(1) The local government may assign a number to a lot in the district and may assign another number\nto the lot instead of that previously assigned.\n(2) The owner or occupier of each property must display and maintain the current lot number assigned\nby the local government in a conspicuous place at the front of the property.\n(3) A person shall not place or display the lot number of the property in such a location as to cause\nconfusion or be misleading.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1529\n(4) Where the location of a street number causes confusion or is misleading, or an unauthorised lot\nnumber is being used or displayed on a property, the local government or an authorised person may\nserve notice in writing on the owner or occupier of the land specifying remedial action to be taken and\nthe time within which action must be taken.\nDivision 4—Fencing\n7.8 Public place—clause 4(1) of Division 1, Schedule 3.1 of the Act\nEach of the following places is specified as a public place for the purpose of clause 4(1) of Division 1 of\nSchedule 3.1 of the Act—\n(a) a public place, as that term is defined in clause 1.5; and\n(b) local government property.\nDivision 5—Signs erected by the local government\n7.9 Signs\n(1) The local government may erect a sign on a public place specifying any conditions of use which apply\nto that place.\n(2) A person must comply with a sign erected under clause 7.9(1).\n(3) A condition of use specified on a sign erected under clause 7.9(1) is to be for the purpose of giving\nnotice of the effect of the provision of a local law.\n7.10 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 erected\nunder clause 7.10 if the sign is not inconsistent with any provisions of this local law.\nPART 8—ADVERTISING DEVICES ON OR IN LOCAL GOVERNMENT PROPERTY\nOR PUBLIC PLACES\n8.1 General prohibitions\n(1) A person must not erect, place, post, paint or affix any advertising sign on, in or over local\ngovernment property or a public place other than in accordance with this local law.\n(2) Subject to clauses 8.3 to 8.7, a person must not, unless authorised by the local government in writing\nor a written law, erect or place an advertising sign on or in local government property or a public place—\n(a) within 30 metres of a similar or identical advertising sign erected or placed for the same\npurpose;\n(b) over any footpath where the resulting vertical clearance between the advertising sign is less\nthan 2.5 metres;\n(c) on any roundabout;\n(d) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the\nstructural approaches to a bridge;\n(e) on any pedestrian overpass bridges in the District; or\n(f) in any location where, in the opinion of the local government, the advertising sign or portable\ndirection sign is likely to—\n(i) obstruct or impede the reasonable use of a thoroughfare or access to a place by any\nperson;\n(ii) obstruct a line of sight of drivers of vehicles along a thoroughfare, verge or vehicle\ncrossing; or\n(iii) create a hazard for any person using the thoroughfare or verge, including by obstructing\nor impeding the vision of a driver of a vehicle entering or leaving a thoroughfare or vehicle\ncrossing.\n(3) Public liability insurance in respect of the erection or placement of the advertising sign must be\nobtained if required by the local government.\n8.2 Public interest signage\n(1) Public interest signage is subject to the general prohibitions outlined in clause 8.1.\n(2) A person must not erect or display a public interest sign on or in any local government property or\na public place unless that person has a permit issued by the local government for that purpose.\n(3) A permit holder must not erect or display on or in local government property or a public place—\n(a) subject to clause 8.3(3)(b), more than 6 public interest signs for one event at any one time within\nthe district;\n(b) more than 10 public interest signs for one event on the day on which the event is taking place\nwithin the district;\n(c) more than one public interest sign for one event on or in the same location, including an\nintersection, within the district;\n(d) subject to clause 8.3(3)(e), a public interest sign for a period longer than 10 days in any 6 month\nperiod within the district;\n(e) a public interest sign for an event that occurs on a regular basis for a period longer than 3 days\nprior to the day on which the event takes place within the district;\n\n","sortOrder":45},{"sectionNumber":"1530","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1530 GOVERNMENT GAZETTE, WA 6 June 2023\n(f) a public interest sign which is, at the absolute discretion of the local government, not of a\nprofessional standard and quality;\n(g) a public interest sign in a position which—\n(i) creates a hazard for pedestrians; or\n(ii) causes interference with the clear visual lines of sight required by motorists for the safe\nmovement of vehicular traffic,\nunless permitted by the terms and conditions of a permit;\n(h) a public interest sign with colours that may cause confusion for motorists approaching an\nintersection controlled by traffic lights;\n(i) a public interest sign which is not maintained in a good and orderly manner for the duration of\nthe period that the public interest sign is on display;\n(j) a public interest sign that exceeds dimensions of 2 metres long x 1 metre high, unless permitted\nby the terms and conditions of a permit;\n(k) on a verge, a public interest sign which is—\n(i) less than 3 metres from the kerb line;\n(ii) if there is no kerb line, less than 3 metres from the edge line or the edge of the seal where\nthere is no edge line; and\n(iii) less than 80 metres from the projection of the nearest kerb line of any intersecting road;\nor\n(l) a public interest sign which is tied or secured to power poles or street lights, unless permitted\nby Western Power.\n(4) The local government may approve an advertising sign, that is not public interest signage,\nassociated with an event in accordance with this local law, subject to any condition imposed by the local\ngovernment.\n8.3 Other Portable Signs\n(1) Other portable signs are subject to the general prohibitions outlined in clause 8.2.\n(2) Subject to clause 8.5 any other portable sign shall—\n(a) not exceed 1.2 metres in height above the finished ground or pavement level;\n(b) not contain more than 2 sign faces;\n(c) not exceed 1 square metre total area on any single sign face;\n(d) not be illuminated or incorporate reflective or fluorescent materials;\n(e) not have moving parts once the sign is in place;\n(f) contain writing that is of a professional standard and quality, and is appropriately maintained;\n(g) in the case of any other portable sign relating to a business, only incorporate the name of the\nbusinesses operating from the lot and must not incorporate brand advertising;\n(h) only be erected and displayed on pedestrian areas with the sign faces directed at pedestrians\nand not at drivers;\n(i) not be erected and displayed within regional road reservations, as defined by the local\ngovernment's planning scheme;\n(j) in the case of another portable sign relating to a business—\n(i) be displayed in a location immediately adjacent to the business premises to which the\nsign relates; and\n(ii) be removed at the close of trading each day and not displayed again until the business\nopens for trading the next day;\n(k) not be erected or displayed so as to impede the reasonable use of local government property or\na public place;\n(l) not be erected or displayed within 1.8 metres of an intersection or crossover;\n(m) not be fixed or attached to a building, wall, fence, pole, tree or other structure within a road\nreserve; and\n(n) be removed and relocated at the request of a person authorised for the purpose of a special\nevent, parade, road or footpath works, or other event.\n(3) A person can only erect one other portable sign per business.\n(4) A person can only erect another portable sign on a verge of a road which is under the care, control\nand management of the local government if—\n(a) that person has provided the local government with a current certificate for public liability\ninsurance to an amount not less than $10 million, which notes that the cover extends to any\nsign that is located within a road reserve, and maintains that public liability insurance for the\nduration that the portable sign is so displayed;\n(b) the portable sign is to be erected and displayed adjacent to and between the front of the\nbusiness premises and the nearest kerb, as approved by the local government in writing;\n(c) no part of the sign is to be less than 600 millimetres from the face of the nearest kerb or, if no\nkerb, from the edge of the nearest road surface or car parking bay; and\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1531\n(d) the effective width of a footpath, pedestrian access way or similar access route is not reduced\nto less than 2 metres effective width.\n8.4 Election advertising\n(1) Election advertising is subject to the general prohibitions outlined in clause 8.1.\n(2) If 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 leaving\na thoroughfare or crossing;\n(e) being maintained in good condition;\n(f) not being erected until 6 weeks prior to the election to which it relates has been officially\nannounced;\n(g) being removed within 72 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; or\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.\n8.5 Notification regarding removal and impounding of advertising signs\n(1) An authorised person may issue a person who has erected or placed an advertising sign on or in\nlocal government property or a public place with a notice requiring that person to remove the\nadvertising sign within 24 hours, or earlier if, at the absolute discretion of the local government or an\nauthorised person, the advertising sign is a potential hazard or nuisance to members of the public.\n(2) An authorised person may remove or impound an advertising sign that has been erected or placed\non or in local government property or a public place contrary to this local law.\n8.6 Advertising sign to be marked\nEach advertising sign erected in or on local government property or a public place shall be clearly\nmarked with the name of the person, organisation or business who erected the advertising sign.\n8.7 Person or business taken to own advertising sign\nIn the absence of any proof to the contrary, an advertising sign is to be taken to belong to the person,\norganisation or business whose name is marked on the advertising sign.\n8.8 Insurance\nIf a person is required by the local government to hold public liability insurance in respect of the\nerection or placement of an advertising sign on or in local government property or a public place, that\nperson must present an authorised person with a current certificate of public liability insurance upon\nthe direction of the authorised person.\nPART 9—OBSTRUCTING ANIMALS OR VEHICLES ON OR IN LOCAL GOVERNMENT\nPROPERTY AND PUBLIC PLACES\nDivision 1—Animals\n9.1 Leaving an animal on local government property or in a public place\nA person must not leave an animal on local government property or a public place so that it obstructs\nthe use of any part of that local government property or public place unless that person—\n(a) has first obtained a permit; or\n(b) is authorised to do so under a written law or a determination made under this local law.\n9.2 Prohibitions relating to animals\n(1) In this clause, owner in relation to an animal includes—\n(a) the owner of the animal;\n(b) a person who has the animal in his or her possession or under his or her control; or\n(c) the occupier of any premises where the animal is ordinarily kept or ordinarily permitted to live.\n(2) An owner of an animal must not—\n(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the\nthoroughfare 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 or\non local government or a public place;\n(c) train or race the animal on a thoroughfare; or\n\n","sortOrder":46},{"sectionNumber":"1532","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1532 GOVERNMENT GAZETTE, WA 6 June 2023\n(d) subject to clause 9.2(4), allow the animal to defecate on local government property or in a public\nplace.\n(3) An owner of a horse must not lead, ride or drive the horse on a thoroughfare in a built-up area,\nunless the person does so under a permit or under the authority of a written law.\n(4) An owner of an animal does not commit an offence if the defecation is immediately removed.\n9.3 Removal of animals\nAn authorised person may impound an animal left on or in local government property or a public place\ncontrary to clause 9.1.\nDivision 2—Vehicles\n9.4 Leaving a vehicle in a public place\nA person must not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the use\nof any part of that public place, unless that person has first obtained a permit from the local government\nor is authorised to do so under a written law.\nPART 10—ROADSIDE CONSERVATION\nDivision 1—Preliminary\n10.1 Interpretations\nIn this Part—\nMRWA means Main Roads Western Australia;\nprotected flora has the meaning given to it in the Biodiversity Conservation Act 2016;\nrare flora has the meaning given to it in the Biodiversity Conservation Act 2016;\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 10.7.\n10.2 Application\nThis Part does not apply to any townsite within the district.\nDivision 2—Flora roads\n10.3 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.\n10.4 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 Code of Practice for Roadside Conservation and Road Maintenance prepared by\nthe Roadside Conservation Committee.\n10.5 Signposting of flora roads\nThe local government may signpost flora roads with the standard MRWA 'flora road' sign.\n10.6 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\n10.7 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.\n10.8 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\n10.9 Permit to plant\nA person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a permit.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1533\n10.10 Relevant considerations in determining application\nIn determining an application for a permit for the purpose of clause 10.9, 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—Clearance of vegetation\n10.11 Permit to clear\n(1) A person shall not clear and maintain in a cleared state, the surface of a thoroughfare outside a\ngazetted town boundary, beyond 1.5m of that person's land without first obtaining a permit and any\nother approvals which may be required under any written law.\n(2) A person shall not clear and maintain in a cleared state, the surface of any thoroughfare within a\ngazetted town boundary, without first obtaining a permit and any other approvals which may be\nrequired under any written law.\n10.12 Application for permit\nIn addition to the requirements of clause 12.1(2), a person making an application for a permit for the\npurpose of clause 10.11 shall submit a sketch plan clearly showing the boundary of the person's land\nand the portions of the thoroughfare joining that person's land which are to be cleared.\n10.13 Permit to burn thoroughfare\nA person shall not burn part of a thoroughfare without first obtaining a permit from an authorised\nperson other than a Fire Control Officer, or unless acting under the authority of any other written law.\n10.14 Application for permit\nIn addition to the requirements of clause 12.1(2), an application for a permit for the purposes of clause\n10.13 shall—\n(a) include a sketch plan showing the portions of a thoroughfare which are proposed to be burned;\nand\n(b) advise of the estimated fire intensity and the measures to be taken to protect upper storey\nvegetation from the burn.\n10.15 When application for permit can be approved\nThe local government may approve an application for a permit for the purpose of clause 10.13 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 use\nof herbicides, are considered by the local government to be not feasible or more detrimental to\nnative 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.\n10.16 Prohibitions on burning\nNotwithstanding anything to the contrary in this local law, an application for a permit for the purpose\nof clause 10.13 is not to be approved by the local government—\n(a) for burning between 31 August and 1 May of the following year where the intensity of the burn\ncould damage native flora and fauna; or\n(b) in any year to any person for any part of a thoroughfare which is on the opposite side of the\ncarriageway to that portion of the thoroughfare for which a permit to burn has been approved\nin the same year.\nDivision 7—Firebreaks\n10.17 Firebreaks on thoroughfares\nA person shall not construct a firebreak on a thoroughfare.\nDivision 8—Commercial wildflower harvesting on thoroughfares\n10.18 General prohibition on commercial wildflower harvesting\nSubject to clause 10.19, a person shall not commercially harvest native flora on a thoroughfare.\n10.19 Permit for revegetation projects\n(1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a permit.\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 government\napproves an application for a permit for the purpose of subclause (1) it is to be taken to be approved\nsubject 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 the\nnative flora on the thoroughfare; and\n\n","sortOrder":47},{"sectionNumber":"1534","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1534 GOVERNMENT GAZETTE, WA 6 June 2023\n(b) any licence or approval which may be required under any other written law is to be obtained\nby the applicant.\nPART 11—TRADING IN PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY\n11.1 Restrictions and requirement to obtain a permit\n(1) A person must not carry on trading on local government property or in a public place unless—\n(a) subject to clause 11.1(2), that person is—\n(i) the holder of a permit for that purpose; or\n(ii) an assistant specified in a permit for trading; and\n(b) if required by the local government, public liability insurance in respect of the trading activity\nhas been taken out by the relevant permit holder; and\n(c) if the person is trading in food, the place of trading must have access to a supply of potable\nwater and/or a sewer for the disposal of wastewater.\n(2) The local government may by written notice exempt a person or class of persons from the need to\nobtain a permit.\n(3) In determining whether to grant an exemption under clause 11.1(2), the local government may have\nregard to the matters set out in any local government policy.\n11.2 Exemptions from requirement to pay a fee\n(1) The local government may waive any fee required to be paid by an applicant for a permit for the\npurpose of trading on the application if the trading is carried on—\n(a) at a portion of local government property or a public place adjoining the normal place of\nbusiness of the applicant; or\n(b) by a charitable organisation that—\n(i) does not sublet space to commercial participants;\n(ii) does not involve commercial participants in the conduct of the stall or trading; and\n(iii) operates under a permit where any assistants specified in the permit are members of\nthat charitable organisation.\n(2) In this clause 11.2, commercial participant means any person who is involved in operating or in\nconducting any trading activity for personal gain or profit.\n11.3 Insurance\nIf required by the local government to hold public liability insurance in respect of the permit holder's\ntrading activities, a permit holder must produce to an authorised person a current certificate of\ninsurance upon the direction of that authorised person.\n11.4 When a permit is required for a street market\nA person must not conduct a street market on a public place or on local government property—\n(a) without a valid permit for that purpose; and\n(b) unless, if required by the local government, the holder of the permit has taken out public\nliability insurance in respect of the street market.\nPART 12—PERMITS\nDivision 1—Applying for a permit\n12.1 Application for a permit\n(1) A person who is required to obtain a permit under this local law must apply for the permit in\naccordance with clause 12.1(2).\n(2) An application for a permit under this local law must—\n(a) be in the form determined by the local government;\n(b) state the full name and address of the applicant;\n(c) be signed by the applicant;\n(d) contain the information required by the form;\n(e) contain any other information required for that particular type of permit under this local law;\nand\n(f) be forwarded to the local government together with any fee imposed and determined by the\nlocal government under and in accordance with sections 6.16 to 6.19 of the Act.\n(3) An application for a permit for the purposes of conducting trading or a street market on or in local\ngovernment property or a public place must contain the following additional information (as\napplicable)—\n(a) the proposed number of assistants, if any, to be engaged by the applicant in trading or the\nstreet market, as well as their full names and addresses;\n(b) details of any location in which the applicant proposes to trade or conduct a street market;\n(c) the period of time for which the permit is sought, together with the proposed days and hours of\noperation of the street market;\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1535\n(d) the proposed goods and services which will be traded or sold by the trader or at a street market;\nand\n(e) details of any proposed structure, stall or vehicle which may be used in conducting the trading\nor street market and a plan showing where any such structure, stall or vehicle will be located.\n(4) The local government may refuse to consider an application for a permit which does not satisfy the\nrequirements within clause 12.1(2).\n(5) The local government may require an applicant to give local public notice of the application for the\npermit.\n12.2 Decision on application for permit\n(1) The local government may—\n(a) approve an application for a permit;\n(b) approve an application for a permit subject to conditions; or\n(c) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit with or without conditions, it must\nissue to the applicant a permit in the form approved by the local government.\n(3) If the local government refuses to approve an application for a permit, it must 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 the grounds\non which an application for a permit may be refused, the clause does not limit the power of the local\ngovernment to impose other conditions on the permit or to refuse the application for a permit on other\ngrounds.\n12.3 Relevant considerations in determining application for granting a permit\n(1) In determining an application for a permit, the local government is to have regard to—\n(a) any relevant local government policies;\n(b) the Competition Principles Agreement;\n(c) the desirability of the proposed activity;\n(d) the location of the proposed activity, including safety and health requirements, and the\ncharacter and function of, the location; and\n(e) such other matters as the local government considers relevant.\n(2) A local government may refuse to approve an application for a permit on any one or more of the\nfollowing grounds—\n(a) the application is inconsistent with a local government policy or would result in an activity\nbeing carried out contrary to this local law or any other written law;\n(b) the applicant has committed a breach of any provision of this local law or of any other written\nlaw relevant to the activity in respect of which the permit is sought;\n(c) the applicant is insolvent or under administration;\n(d) the activity may result in traffic and pedestrian safety being adversely impacted;\n(e) the activity is not in keeping with the surrounding land uses; or\n(f) such other grounds as the local government considers relevant.\nDivision 2—Conditions on a permit\n12.4 Examples of conditions\nThe local government may impose conditions on a permit relating to—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit, including the days and hours within which the\nactivity the subject of the permit may be carried out or is prohibited;\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 area or specific location within the district to which the permit applies, including any set\nback distances applicable to the activity;\n(f) the payment of a bond against possible damage, cleaning or other expenses;\n(g) the obtaining of public liability insurance in an amount and on terms reasonably required by\nthe local government;\n(h) 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 or local government property by the permit holder;\n(i) if the permit relates to the trading of food, the provisions to be made for the storage of cooked\nand uncooked food, and the storage and disposal of waste water; and\n(j) any other matter that the local government considers fit or appropriate.\n\n","sortOrder":48},{"sectionNumber":"1536","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1536 GOVERNMENT GAZETTE, WA 6 June 2023\n12.5 Compliance with and variations to terms and conditions\n(1) A permit holder must comply with any terms and conditions imposed on a permit, including any\nconditions as varied.\n(2) A permit holder may apply to the local government to vary or remove any conditions imposed on a\npermit.\n(3) In determining whether to vary any condition imposed on a permit, the local government must have\nregard to any relevant local government policy.\nDivision 3—General\n12.6 Duration of permit\n(1) A permit is valid for one year from the date on which it is issued unless it is—\n(a) otherwise stated in this local law or in the terms and conditions of the permit; or\n(b) cancelled under clause 12.10.\n12.7 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 a permit.\n(2) The provisions of this Part 12 regarding an application for a permit apply to an application for the\nrenewal of a permit with any necessary modifications.\n12.8 Transfer of permit\n(1) An application may be made to the local government to transfer a valid permit.\n(2) An application to transfer a permit must—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee for the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(d) be forwarded to the local government together with any fee imposed and determined by the\nlocal government under and in accordance with sections 6.16 to 6.19 of the Act.\n(3) The local government may—\n(a) approve an application for the transfer of a permit;\n(b) approve an application for the transfer of a permit subject to conditions; or\n(c) refuse an application to transfer a permit.\n(4) 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 Chief Executive Officer or an authorised person;\nor\n(b) issuing to the transferee a permit in the form determined by the local government.\n(5) 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.\n12.9 Production of permit\nA permit holder must produce to an authorised person his or her permit immediately on being directed\nto do so by that authorised person.\n12.10 Cancellation or suspension of permit\n(1) Subject to clause 13.1, a permit may be cancelled by the local government if—\n(a) the permit holder has not complied with a condition of the permit;\n(b) the permit holder has not complied with a provision of any written law which relates to the\nactivity regulated by the permit; or\n(c) the permit holder has transferred or assigned or sought to transfer or assign the permit without\nthe approval of the local government; or\n(d) a law is amended or repealed in a manner which is inconsistent with the terms and conditions\nof the permit and which renders the permit invalid, ineffective or contrary to law.\n(2) If a permit is cancelled under clause 12.10(1), the permit holder—\n(a) must return the permit to the local government as soon as practicable; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\n(3) The local government may cancel or suspend a permit if the local government or a utility requires\naccess to or near the place to which a permit applies for the purposes of carrying out works in or near\nthe vicinity of that place.\n(4) On the cancellation or suspension of a permit under clause 12.10(3), the permit holder is, subject to\nclause 12.10(5), to be taken to have forfeited any fees paid in respect of the permit.\n(5) Where a permit is cancelled or suspended under clause 12.10(3) through no fault of the permit\nholder, the local government may refund to the permit holder all or part of the fees paid in respect of\nwhat would otherwise have been the remaining term of the permit.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1537\n12.11 Nominee of permit holder\nWhere a permit holder by reason of illness, accident or other sufficient cause is unable to comply with\nthis local law, the local government may, at the request of the permit holder, authorise another person\nto be a nominee of the permit holder for a specified period, and this local law and the conditions of the\npermit apply to the nominee as if he or she was the permit holder.\n","sortOrder":49},{"sectionNumber":"Part 13","sectionType":"part","heading":"OBJECTIONS AND APPEALS","content":"PART 13—OBJECTIONS AND APPEALS\n13.1 Objection and appeal rights\nWhere the local government makes a decision as to whether it will—\n(a) grant a person a permit or consent; or\n(b) renew, vary or cancel a permit or consent that a person has under this local law, the provisions\nof Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that decision.\n","sortOrder":50},{"sectionNumber":"Part 14","sectionType":"part","heading":"MISCELLANEOUS","content":"PART 14—MISCELLANEOUS\nDivision 1—Authorised person\n14.1 Authorised person to be obeyed\nA person in or on local government property or a public place—\n(a) must obey any lawful direction of an authorised person; and\n(b) must not in any way obstruct or hinder an authorised person in the execution of his or her\nduties.\n14.2 Persons may be directed to leave local government property or a public place\nAn authorised person may direct a person to leave local government property or a public place where\nhe or she reasonably suspects that the person has contravened a provision of this local law.\nDivision 2—Notices\n14.3 Liability for damage to local government property or a public place\n(1) Where a person unlawfully damages local government property or a public place, the local\ngovernment may by notice in writing to that person require that person within the time specified in the\nnotice to, at the option of the local government, pay the costs of—\n(a) reinstating the property to the state it was in prior to the occurrence of the damage; or\n(b) replacing that property.\n(2) On a failure to comply with a notice issued under clause 14.3(1), the local government may recover\nthe costs referred to in the notice as a debt due to it.\n14.4 Notice to redirect or repair sprinklers\nWhere a lawn or 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 thoroughfare,\nthe local government or an authorised person may give a notice to the owner or the occupier of the land\nabutting the lawn or the garden requiring the owner or the occupier or both to move or alter the\ndirection of the sprinkler or other watering equipment.\n14.5 Notice to remove thing unlawfully placed on thoroughfare\nWhere anything is placed on a thoroughfare contrary to this local law, the local government or an\nauthorised person may give a notice to—\n(a) the owner or the occupier of the property which abuts that portion of the thoroughfare where\nthe thing has been placed; or\n(b) such other person who may be responsible for the thing being so placed, requiring the relevant\nperson to remove the thing.\n14.6 Notice to repair damage to thoroughfare\nWhere any portion of a thoroughfare has been damaged, the local government or an authorised person\nmay by notice to the person who caused the damage order the person to repair or replace that portion\nof the thoroughfare.\n14.7 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 the garden to\nremove, cut, move or otherwise deal with that plant so as to remove that hazard.\n(2) Clause 14.7(1) does not apply where the plant was planted by the local government.\nPART 15—ENFORCEMENT\nDivision 1—Notices given under this local law\n15.1 Offence to fail to comply with a notice\nA person who fails to comply with a notice given to him or her under this local law commits an offence.\n\n","sortOrder":51},{"sectionNumber":"1538","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1538 GOVERNMENT GAZETTE, WA 6 June 2023\n15.2 Local government may undertake requirements of a notice\nIf a person fails to comply with a notice given to him or her under this local law, the local government\nmay do, or arrange to be done, the thing specified in the notice and recover from the person to whom\nthe notice was given, as a debt, the costs incurred in doing so.\nDivision 2—Offences and penalties\n15.3 Offences and general penalty\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law; or\n(b) does an act or omits to do an act contrary to this local law,\ncommits an offence.\n(2) A person who commits an offence under this local law is liable, upon conviction to—\n(a) a penalty not exceeding $5,000; and\n(b) if the offence is a continuing offence, an additional penalty not exceeding $500 for each day or\npart of a day during which the offence has continued.\n15.4 Prescribed offences\n(1) An offence against an item specified in Schedule 1 is a prescribed offence for the purposes of section\n9.16 of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the item in\nSchedule 1.\n15.5 Form of notices\n(1) For the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the 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 give 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(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\nDivision 3—Person to give name and address on demand\n15.6 Requirement to give name and address on demand\n(1) An authorised person may—\n(a) upon finding a person committing or having committed; or\n(b) on reasonable grounds suspecting a person of having committed, an offence against this local\nlaw, demand from the person the person's name, place of residence and date of birth.\n(2) A person from whom information is demanded in accordance with clause 15.6(1) commits an offence\nif the person—\n(a) refuses without lawful excuse to give the information; or\n(b) gives information that is false or misleading in any material particular.\n————\nSCHEDULE 1—PRESCRIBED OFFENCES\n[Clause 15.4(1)]\n1. 2.4 Failure to comply with a determination $300\n2. 3.1(1)(b) Damaging a tree or plant etc. on local government property\n$300\n3. 3.1(1)(c) Cutting, collecting or removing timber, firewood etc. on\nlocal government property without a permit\n$300\n4. 3.1(1)(d) Planting any plant or sowing any seeds on local\n$300\n5. 3.1(1)(e) Erecting a sign on local government property without a\n$300\n6. 3.1(1)(f) Erecting a structure for public amusement etc. on local\n$300\n7. 3.1(1)(g) Erecting a building or a refuelling site on local government\n$300\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1539\n8. 3.1(1)(h) Making an excavation on, erecting a fence or removing a\nfence on local government property without a permit\n$300\n9. 3.1(1)(i) Erecting or installing structures on local government for\nsupplying power, water etc. services without a permit\n$300\n10. 3.1(1)(j) Depositing or storing anything on local government\n$300\n11. 3.1(1)(k) Depasturing, tethering, driving or riding animals on local\n$300\n12. 3.1(1)(l) Launching an aircraft or helicopter from or landing an\naircraft into local government property without a permit\n$300\n13. 3.1(1)(m) Camping on or lodging at local government property for\nthe purpose of sleeping on local government property\n$300\n14. 3.1(1)(n) Occupying a structure on local government property at\nnight for the purpose of sleeping without a permit\n$300\n15. 3.1(1)(o) Erecting a tent, camp, hut or similar structure on local\ngovernment property in certain circumstances without a\n$300\n16. 3.1(1)(p) Teaching, coaching or training person, animal or dog for\nprofit in or on local government property without a permit\n$300\n17. 3.1(1)(q) Conducting a function or undertaking a promotional\nactivity on local government property without a permit\n$300\n18. 3.1(1)(r) Charging a person for entry to local government property\n$300\n19. 3.1(1)(s) Lighting a fire on local government property without a\n$300\n20. 3.1(1)(t) Lighting, setting off or conducting a display of fireworks on\nlocal government property without a permit\n$300\n21. 3.1(1)(u) Parachuting, hang-gliding, abseiling or base jumping from\nor onto local government property without a permit\n$300\n22. 3.1(1)(v) Gambling or betting etc. on local government property\nwithout permit\n$300\n23. 3.1(1)(w) Erecting, installing, operating or using devices for the\nemission and amplification of noise on local government\n$300\n24. 3.5 Failure of permit holder to comply with responsibilities $300\n25. 4.1 Behaviour on local government property which interferes\nwith others\n$300\n26. 4.2 Behaviour on local government property detrimental to\nproperty\n$300\n27. 4.3 Taking or injuring any fauna on local government property $300\n28. 4.4 Entering or remaining on local government property while\ndrunk or under the influence of a prohibited drug\n$300\n29. 4.5 Taking or consuming a prohibited drug on local\ngovernment property\n$300\n30. 4.6 Smoking within a 5 metre radius of an entrance, exit or\naperture of premises on local government property\n$300\n31. 4.7(1)(a) Failing to wear adequate clothing to prevent indecent\nexposure on local government property\n$300\n32. 4.7(1)(b) Loitering outside or acting in an inappropriate manner in a\ntoilet block or change room facility on local government\nproperty\n$300\n33. 4.7(1)(c) Entering or attempting to enter an occupied toilet or other\ncompartment without the consent of the occupier\n$300\n34. 4.7(2) Failing to comply with a direction to put on adequate\nclothing\n$300\n35. 4.8 Unauthorised entry to local government property $300\n36. 4.10(2) Failure to comply with a sign on local government property\nregarding conditions of use\n$300\n37. 5.1 Unauthorised entry to fenced off or closed local\ngovernment property\n$300\n\n","sortOrder":52},{"sectionNumber":"1540","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1540 GOVERNMENT GAZETTE, WA 6 June 2023\n38. 5.2(1) Gender not specified using entry of toilet block or change\nroom on local government property\n$300\n39. 5.3 Using a shower in a prohibited manner $300\n40. 5.4 Using a camera device to record or transmit an image in a\ntoilet, shower or change room\n$300\n41. 6.1(1) Entering local government property without paying the\nrequired fee\n$300\n42. 7.1(a) Planting a plant on a thoroughfare in a prohibited manner $300\n43. 7.1(b) Damaging a lawn or garden or removing any plant or part\nof a plant on or in a public place\n$300\n44. 7.1(c) Repairing or servicing any vehicle on a verge $300\n45. 7.1(d) Placing, allowing to be placed or allowing to remain on a\nthoroughfare or verge an obstructive or hazardous thing\n$300\n46. 7.1(e) Causing or permitting water from a hose or sprinkler to\ninterfere with the use of any street, way or footpath by\npedestrians\n$300\n47. 7.1(f) Playing games or sport in a prohibited manner on or in a\nthoroughfare\n$300\n48. 7.1(g) Riding a bicycle or wheeled recreational device within a\nmall, arcade or verandah of a shopping centre\n$300\n49. 7.1(h) Creating a nuisance on or in a public place $300\n50. 7.2(1)(a) Digging or creating a trench through or under a kerb or\nfootpath without a permit\n$300\n51. 7.2(1)(b) Damaging or removing a street tree without a permit $300\n52. 7.2(1)(c) Damaging, removing or interfering with a thoroughfare,\nkerb, footpath or structure or sign erected on a\nthoroughfare without a permit\n$300\n53. 7.2(1)(d) Causing an obstruction to a thoroughfare without a permit $300\n54. 7.2(1)(e) Causing an obstruction to a water channel or a water\ncourse in a thoroughfare without a permit\n$300\n55. 7.2(1)(f) Lighting a fire or burning anything on a thoroughfare or\nverge without a permit\n$300\n56. 7.2(1)(g) Laying pipes under or providing taps on any verge without\na permit\n$300\n57. 7.2(1)(h) Placing or installing prohibited materials on a\nthoroughfare without a permit\n$300\n58. 7.2(1)(i) Providing, erecting, installing or using a hoist or other\nthing for use over a thoroughfare without a permit\n$300\n59. 7.2(1)(j) Interfering with the soil of or anything in a thoroughfare or\ntaking anything from a thoroughfare without a permit\n$300\n60. 7.2(1)(k) Driving any vehicle over or across a kerb or footpath except\nat a vehicle crossing without a permit\n$300\n61. 7.2(1)(l) Driving a vehicle or permitting a vehicle to be driven\nacross a kerb or footpath without a permit\n$300\n62. 7.2(1)(m) Driving or taking a vehicle on a closed thoroughfare\n$300\n63. 7.3 Depositing anything or causing an obstruction to a\nthoroughfare, kerb or footpath\n$300\n64. 7.4(1) Failure to obtain a permit for a temporary vehicle crossing $300\n65. 7.7(2) Failure to properly display and maintain street number $300\n66. 7.7(3) Placing or display a street number in a location causing\nconfusion or which is misleading\n$300\n67. 7.7(4) Adopting, using or displaying a street number other than\nthe street number assigned.\n$300\n68. 7.9(2) Failure to comply with a sign on a public place $300\n69. 8.1(2) Erecting or placing etc. advertising sign in a prohibited\nmanner\n$300\n70. 8.2(1) Erecting or displaying a public interest sign without a\n$300\n71. 8.2(3) Permit holder erecting or displaying a public interest sign\nin a prohibited manner\n$300\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1541\n72. 8.3(1) Erecting or displaying an other portable sign contrary to\nlocal law\n$300\n73. 8.3(3) Erecting or displaying more than one other portable sign\nper business\n$300\n74. 8.3(4) Erecting or displaying another portable sign on a local\ngovernment verge contrary to local law\n$300\n75. 8.4(1) Erecting or placing election advertising contrary to local\nlaw\n$300\n76. 8.4(2)(e) Failing to maintain election advertising in good condition $300\n77. 8.4(2)(g) Failing to remove election advertising within 72 hours of\nclose of polls on election date\n$300\n78. 8.4(2)(i) Failing to securely install election advertising $300\n79. 8.6 Erecting an advertising sign without marking a name $300\n80. 9.1 Leaving an animal in a public place or local government\nproperty without a permit or authorisation\n$300\n81. 9.2(2)(a) Allowing an animal to enter or remain on a thoroughfare $300\n82. 9.2(2)(b) Allowing an animal with a contagious or infectious disease\nto enter local government property or a public place\n$300\n83. 9.2(2)(c) Training or racing an animal on a thoroughfare $300\n84. 9.2(2)(d) Allowing an animal to defecate on local government\nproperty or a thoroughfare and failing to remove defecation\n$300\n85. 9.2(3) Leading, riding or driving a horse on a thoroughfare in a\nbuilt-up area without a permit or authorisation\n$300\n86. 9.4 Leaving a vehicle in a public place which causes an\nobstruction without a permit or authorisation\n$300\n87. 10.6(1) Driving a vehicle on other than the carriageway of a flora\nroad\n$300\n88. 10.9 Planting in thoroughfare without a permit $300\n89. 10.11 Failure to obtain permit to clear a thoroughfare $750\n90. 10.13 Burning of thoroughfare without a permit $750\n91. 10.17 Construction of firebreak on thoroughfare $750\n92. 10.19 Commercial harvesting of native flora on thoroughfare $750\n93. 10.20(1) Collecting seed from native flora on thoroughfare without a\n$400\n94. 11.1 Carrying on trading in a restricted area without the\nexpress written consent of the local government\n$300\n95. 11.1(1) Carrying on trading in a public place or on local\ngovernment property contrary to local law\n$300\n96. 11.4(a) Conducting a street market on or in a public place without\na permit\n$300\n97. 12.5(1) Failure to comply with terms and conditions of a permit $300\n98. 12.9 Failure to produce permit upon request by an authorised\nperson\n$300\n99. 14.1(a) Failure to obey a lawful direction of an authorised person $300\n100. 14.1(b) Obstructing or hindering an authorised person in the\nexecution of his or her duties\n$300\n101. 15.1 Failure to comply with a notice $300\n102. 15.6(2)(a) Refusing to give name and address contrary to local law $300\n103. 15.6(2)(b) Giving false or misleading information regarding name\nand address etc.\n$300\n————\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1543\nARRANGEMENT\n1.3 Purpose and intent\n1.4 Application\n1.6 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 Convening committee meetings\n3.6 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 Motions without notice\n5.6 Adoption by exception resolution\n\n","sortOrder":53},{"sectionNumber":"1544","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1544 GOVERNMENT GAZETTE, WA 6 June 2023\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 Standard of conduct\n6.18 Right of reply\nPART 7—QUESTIONS BY MEMBERS\n7.1 With due notice\n7.2 Without due notice\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to be in their proper places\n8.2 Respect to the presiding member\n8.3 Titles to be used\n8.4 Advice of entry or departure\n8.5 Members to indicate their intention to speak\n8.6 Priority of speaking\n8.7 Presiding member may take part in debates\n8.8 Relevance\n8.9 Speaking twice\n8.10 Duration of speeches\n8.11 No speaking after conclusion of debate\n8.12 No interruption\n8.13 Personal explanations\n8.14 No reopening of discussion\n8.15 Adverse reflection\n8.16 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 MEMBERS\n10.1 Recommendations in reports\n10.2 Alternative motion\n10.3 Motions to be stated in writing\n10.4 Motions to be supported\n10.5 Unopposed business\n10.6 Only one substantive motion at a time\n10.7 Order of call in debate\n10.8 Limit of debate\n10.9 Member may require question to be read\n10.10 Consent of seconder required for alteration\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1545\n10.11 Order of amendments\n10.12 Form of an amendment\n10.13 Amendment must not negate original motion\n10.14 Relevance of amendments\n10.15 Mover of motion may speak on amendment\n10.16 Effect of an amendment\n10.17 Withdrawal of motion or amendment\n10.18 Right of reply\n10.19 Foreshadowing alternative motions\nPART 11—PROCEDURAL MOTION\n11.1 Permissible procedural motions\n11.2 No debate\n11.3 Who may move\n11.4 Procedural motions—right of reply on substantive motion\n11.5 Effect of procedural motions\n11.5.1 The motion be deferred\n11.5.2 The meeting now adjourn\n11.5.3 The debate be adjourned\n11.5.4 The motion be now put\n11.5.5 The motion lie on the table\n11.5.6 Meeting to proceed to the next business\n11.5.7 Meeting be closed to members of the public\n11.5.8 Ruling by the Presiding Member be overruled\n11.5.9 Member be no longer heard\n11.5.10 Item be referred back to Committee\nPART 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\nPART 13—VOTING\n13.1 Question—when put\n13.2 Voting\n13.3 Majorities required for decisions\n13.4 Method of taking vote\nPART 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\nPART 15—ADJOURNMENT OF MEETING\n15.1 Meeting may be adjourned\n15.2 Effect of adjournment\n","sortOrder":54},{"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":55},{"sectionNumber":"Part 17","sectionType":"part","heading":"SUSPENSION OF LOCAL LAW","content":"PART 17—SUSPENSION OF LOCAL LAW\n17.1 Suspension of local law\n17.2 Where local law does not apply\n","sortOrder":56},{"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 electors' general meetings\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\n\n","sortOrder":57},{"sectionNumber":"1546","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1546 GOVERNMENT GAZETTE, WA 6 June 2023\n18.9 Voting at electors' meetings\n18.10 Minutes of electors' meetings\n18.11 Decisions made at electors' meetings\n","sortOrder":58},{"sectionNumber":"Part 19","sectionType":"part","heading":"ENFORCEMENT","content":"PART 19—ENFORCEMENT\n19.1 Penalty for breach\n19.2 Who can prosecute\nSCHEDULE 1—PETITION OF ELECTORS OF THE SHIRE OF CHITTERING\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1547\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling it,\nthe Council of the Shire of Chittering resolved on 19 April 2023 to make the following local law.\nThis local law may be cited as the Shire of Chittering Standing Orders Local Law 2023.\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette\n1.3 Purpose and intent\n(1) The purpose of the local law is to provide for the conduct of meetings of the Council, Committees\nand electors.\n(2) This local law is intended to result in—\n(a) better decision-making at meetings;\n(b) the orderly and efficient conduct of meetings;\n(c) greater community participation and understanding of the business of the Council; and\n(d) more open and accountable local government.\n1.4 Application\nAll meetings of the Council, committees and the electors are to be conducted in accordance with the\nAct, the Regulations and this local law.\nThis local law repeals the Shire of Chittering (Council Meetings) Local Law 2014 as published in the\nGovernment Gazette on 3 June 2014.\n1.6 Interpretation\nIn this local law, unless the contrary intention appears—\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 Shire;\ncommittee means a committee of the council (established under section 5.8 of the Act);\nCouncil means the Council of the Shire;\nCouncillor has the same meaning as is given to it in the Act;\nDeputy President means the deputy president of the Shire;\nemployee has the same meaning as is given to it in the Act;\nLocal Government means the Shire;\nmeeting means a meeting of the Council or of a committee, or an electors' meeting, as the context\nrequires;\nmember has the same meaning as given to it in the Act;\nMinister means the Minister responsible for administering the Act;\nminor amendment in relation to a motion, means an amendment which does not alter the basic\nintent of the motion to which the amendment applies;\nPresident means the president of the Shire;\npresiding person means the person presiding at a meeting;\nRegulations means the Local Government (Administration) Regulations 1996;\nShire means the Shire of Chittering;\nsimple majority means more than 50% of the members present and voting;\nsubstantive motion means an original motion, or an original motion as amended, but does not\ninclude an amendment motion or a procedural motion.\n\n","sortOrder":59},{"sectionNumber":"1548","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1548 GOVERNMENT GAZETTE, WA 6 June 2023\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, employees and other persons to be appointed to the committee;\n(c) the names or titles of the Council members and employees to be appointed to the committee;\n(d) the names of other persons to be appointed to the committee or an explanation of the procedure\nto 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 Act.\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\nof the Act, in 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\nA meeting of a committee is to be held—\n(a) If called for in a verbal or written request to the CEO by the President or the presiding member\nof the committee, advising the date and purpose of the proposed meeting;\n(b) If called for by at least one-third of the members of the committee in a notice to the CEO, setting\nout the date and purpose of the proposed meeting; or\n(c) In accordance with a decision of the Council or the committee.\n3.5 Convening committee meetings\n(1) The CEO is to convene a committee meeting by giving each member of the committee notice of the\ndate, time and place of the meeting and an agenda for the meeting.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1549\n(2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the purposes of subclause\n(1), in convening a meeting of a committee.\n(3) Where, in the opinion of the President, the presiding member of the committee or at least one-third\nof the members of the committee, there is a need to meet urgently, the CEO may give a lesser period of\nnotice of a committee meeting.\n3.6 Public notice of meetings\nPublic notice of meetings is dealt with in the Regulations.\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\nwhich is adjourned for want of a quorum,\n(b) the 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 notice\nas the purpose of the meeting.\n(3) No business is to be transacted at a committee meeting other than that specified in the agenda or\nin the notice of the meeting as the purpose of the meeting, without the approval of the presiding member\nor the committee.\n(4) Where a Council meeting is adjourned to the next ordinary meeting of the Council, the business\nunresolved at the meeting that is adjourned is to be dealt with as soon as practicable after the\nconfirmation of the minutes of the previous meeting.\n\n","sortOrder":60},{"sectionNumber":"1550","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1550 GOVERNMENT GAZETTE, WA 6 June 2023\n(5) Where a committee meeting is adjourned to the next ordinary committee meeting, the business\nunresolved at the meeting that is adjourned is to be dealt with as soon as practicable after the\nconfirmation of the minutes of the previous meeting.\n(6) Where a Council or committee meeting is adjourned to a meeting not described in subclauses (4) or\n(5), no business is to be transacted at that later meeting other than that—\n(a) is specified in the notice of the meeting that is adjourned; and\n(b) which remains unresolved.\n5.2 Order of business\n(1) The order of business of an ordinary meeting of the Council or a committee must be determined by\nthe Council from time to time.\n(2) Unless otherwise decided by the Council, the order of business at any special meeting of the Council\nis 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 or a committee, the provisions\nof the Act and Regulations relating to the time at which public question time is to be held are to be\nobserved.\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 given\nin 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 7 (seven) 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) with the concurrence of the President, may exclude from the notice paper any notice of motion\ndeemed to be, or likely to involve, a breach of any of this local law or any other written law;\n(b) must 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 to\nthe form but not the substance as will bring the notice of motion into due form; and\n(d) may provide to the meeting 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 member\nin writing, moves the motion when called on; or\n(b) the meeting 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 or\nto 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 meeting.\n(2) In subclause (1), 'cases of extreme urgency or other special circumstances' means matters–\n(a) that have arisen after the preparation of the agenda that are considered by the presiding\nmember to be of such importance and urgency that they are unable to be dealt with\nadministratively by the Local Government and must be considered and dealt with by the\nCouncil or committee before the next meeting; and\n(b) that, if not dealt with at the meeting, are likely to–\n(i) have a significant adverse effect (financially or otherwise) on the Local Government; or\n(ii) result in a contravention of a written law.\n(3) Before debate begins on a matter under this clause that is not the subject of a written employee\nreport to the meeting–\n(a) the presiding member is to ask the CEO to give; and\n(b) the CEO, or the CEO's nominee, is to give,\na verbal report to the meeting.\n(4) The minutes of the meeting are to include–\n(a) a summary of the verbal report and any recommendations of the CEO or the CEO's nominee;\nand\n(b) the reasons for any decision made at the meeting that is significantly different from any advice\nor recommendations of the CEO or the CEO's nominee.\n5.5 Motions without notice\nA motion moved without notice, must be worded so as to refer to a particular matter for investigation\nand report to a committee for consideration of the Council at a later date, or directly to Council.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1551\n5.6 Adoption by exception resolution\n(1) In this clause 'adoption by exception resolution' means a resolution of the Council that has the effect\nof adopting, recommendations from any committee or, for a number of specifically identified reports,\nthe employee recommendation as the Council resolution.\n(2) Subject to subclause (3), the Council 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 an absolute majority;\n(b) in which an interest has been disclosed;\n(c) that has been the subject of a petition or deputation;\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 of\nthe 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;\n(iii) any employee 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 is\nto be read out including the vote of a member or members that is required under clause 13.4(3) to be\nincluded 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 or a committee 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 or the\ncommittee.\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) 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\n","sortOrder":61},{"sectionNumber":"1552","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1552 GOVERNMENT GAZETTE, WA 6 June 2023\n(6) The presiding member may decide that a public question must 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 reasonable steps to assist the member of the public to phrase the\nstatement as a question; or\n(c) the member of the public asks a question that is offensive or defamatory in nature, provided\nthat the presiding member has taken reasonable steps to assist the member of the public to\nphrase the question in a manner that is not offensive or defamatory.\n(7) The presiding member may agree to extend public question time.\n(8) Where an answer to a question is given at a meeting, a summary of the question and the answer is\nto be included in the minutes.\n(9) In this clause: \"relevant person\" has the same meaning as in section 5.59 of the Act.\n6.8 Distinguished visitors\nIf a distinguished visitor is present at a meeting of the Council, the presiding member may acknowledge\nthe presence of the distinguished visitor at an appropriate time during the meeting, and the presence\nof that visitor must be recorded in the minutes.\n6.9 Deputations\n(1) Any person or group wishing to be received as a deputation by the Council or a committee, is to\neither—\n(a) apply, before the meeting, to the President for approval; or\n(b) with the approval of the presiding member, at the meeting, address the Council or a committee.\n(2) Any application for a deputation is to include details of the topic on which the deputation is to be\nmade and a brief outline of the contents of the proposed submission which will be made during the\ndeputation.\n(3) The President may either—\n(a) approve the request and invite the deputation to attend a meeting of the Council or committee;\nor\n(b) refer the request to the Council or the committee to decide by simple majority whether or not\nto receive the deputation.\n(4) Unless the Council or committee resolves otherwise, a deputation invited to attend a Council or\ncommittee meeting—\n(a) is not to exceed 5 persons, only 2 of whom may address the Council or a committee, although\nothers may respond to specific questions from members;\n(b) is not to address the Council or a committee for a period exceeding 10 minutes without the\nagreement of the Council; and\n(c) an extension of time and the increase in number of speaking members of the deputation may\nbe allowed with the leave of the presiding member.\n(5) Unless decided otherwise by the President or presiding member of a committee, the number of\ndeputations approved for any meeting must not exceed four.\n(6) Any matter which is the subject of a deputation to the Council or a committee is not to be decided\nby the Council or the committee until the deputation has completed its presentation.\n6.10 Petitions\n(1) Where a member or the CEO receives a petition conforming to the requirements of clause 6.10 (2),\nthat petition is to be presented to the next Council meeting.\n(2) Except where required by the Act, the Regulations or any other written law, any petition to the\nCouncil—\n(a) must be addressed to the Council;\n(b) state the name and address of the person to whom correspondence in respect of the petition\nmay be served; and\n(c) be in the form detailed in Schedule 1 of this local law.\n(3) Once a petition is presented to the Council, a motion may be moved to receive the petition and refer\nit to the CEO for action.\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\nPresident.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1553\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 on a recommendation contained in a report to the committee, with a\nmaximum of 3 speakers for the recommendation and 3 speakers against the recommendation.\n(4) A person addressing the committee with the consent of the presiding member is to cease that address\nimmediately after being directed to do so by the presiding member.\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 must set the time and date of the meeting to provide the opportunity to\nbe heard.\n(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the\npresiding member must—\n(a) instruct the CEO to provide local public notice of the time and date when the Council will meet\nto provide an opportunity to be heard;\n(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to all\nmembers of the public who have applied under clause 6.9 to make a deputation on the issue;\nand\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) must be conducted only to hear submissions but a member may,\nat any time with leave of the presiding member, ask a question to seek to clarify any aspect of a\nsubmission. The Council must not make resolutions at a meeting held under subclause (1).\n(5) At a meeting held under subclause (1), each person making a submission must be provided with the\nopportunity to fully state his or her case.\n(6) A member of the public must be limited to 10 minutes in making an oral submission, but this period\nmay 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 the Shire's administration office, any Shire library or 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\"; and\n(b) marked \"Confidential\" in the agenda.\n(2) A member or an employee who has—\n(a) confidential information under subclause (1); or\n(b) information that is provided or disclosed during a meeting or part of a meeting that is closed to\nthe public,\nis not to disclose any of that information to any person other than member employee to the extent\nnecessary for the purpose of carrying out his or her functions.\n(3) Subclause (2) does not prevent a member or employee from disclosing the information—\n(a) at a closed meeting;\n(b) to the extent specified by Council and subject to such other conditions as the Council\ndetermines;\n(c) that is already in the public domain;\n\n","sortOrder":62},{"sectionNumber":"1554","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1554 GOVERNMENT GAZETTE, WA 6 June 2023\n(d) to an officer of the Department;\n(e) to the Minister;\n(f) to a legal practitioner for the purpose of obtaining legal advice; or\n(g) if the disclosure is required or permitted by law.\n(4) The Council may by resolution declare that any information withheld under clause 6.15 (1) must\nremain confidential for a specified period or indefinitely.\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, any committee or electors meeting without the permission of the presiding\nmember.\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 and\nthe nature and extent of that permission.\n6.17 Standard of conduct\n(1) A reference in this clause to a person is to a person other than a member.\n(2) A person at a meeting—\n(a) addressing the Council or a committee must, when invited to speak, extend due courtesy and\nrespect to the person presiding and others at the meeting;\n(b) must not reflect adversely on the character or actions of any member or employee;\n(c) must not impute any motive to a member or employee;\n(d) must not use offensive or objectionable expressions;\n(e) must not create a disturbance, by interrupting or interfering with the orderly conduct of the\nproceedings, whether expressing approval or dissent, by conversing or by any other means;\n(f) must ensure that his or her mobile telephone or audible pager is not switched on or used; and\n(g) must not behave in a manner that is contrary to section 75 of the Criminal Code.\n(3) The presiding person may warn a person who fails to comply with this clause.\n(4) If a person–\n(a) after being warned, acts contrary to this clause, or to this local law; or\n(b) refuses or fails to comply with a direction by the presiding member,\nthe presiding member may expel the person from the meeting by ordering him or her to leave the\nmeeting room.\n(5) A person who is ordered to leave the meeting room and fails to do so may, by order of the presiding\nperson, be removed from the meeting room and, if the presiding person orders, from the premises.\n6.18 Right of reply\n(1) A member who is aggrieved by a statement made (including a question asked) by a member of the\npublic at a meeting may, with the leave of the presiding member, reply to that statement.\n(2) A reply under this clause is to be confined to a succinct response to the specific part of the statement\nin respect of which the member is aggrieved.\nPART 7—QUESTIONS BY MEMBERS\n7.1 With due notice\n(1) A question on notice is to be given by a member in writing to the CEO at least four (4) clear business\ndays before the meeting at which it is raised.\n(2) If the question referred to in subclause (1) is in order, the answer is, so far as practicable, to be\nincluded in written form in the agenda of the meeting, or otherwise tabled at that meeting.\n(3) Every question and answer is to be submitted as briefly and concisely as possible and no discussion\nis to be allowed thereon, unless with the consent of the presiding member.\n7.2 Without due notice\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 employee at a Council or committee meeting may\nask a question without notice and with the consent of the presiding member, may ask one or more\nfurther questions of that employee or another employee present at the meeting.\n(3) Where possible the employee must 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 employee may ask that–\n(a) the question be placed on notice for the next meeting of Council; or committee and\n(b) the answer to the question be given to the member who asked it within 14 days.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1555\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 the\nextent necessary to explain the question or answer.\n(5) In answering any question, an employee may qualify his or her answer and may at a later time in\nthe meeting 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, or at any other time considered necessary, each\nmember, other than the President, is to be allocated a seat at the Council table by a method determined\nby the Council from time to time.\n(2) In any set allocation, the President is to be seated next to the CEO.\n(3) Each member is to occupy his or her position allotted position at each Council or committee meeting,\nuntil decided otherwise.\n8.2 Respect to the presiding member\nAfter the business of a Council or a committee has been commenced, a member is not to enter or leave\nthe meeting without first paying due respect to the presiding member.\n8.3 Titles to be used\nA speaker, when referring to the President, Deputy President or presiding member, or a member or\nemployee, is to use the title of that person's office.\n8.4 Advice of entry or departure\nA member is not to enter or leave the meeting without first advising the presiding member, in order to\nfacilitate the recording in the minutes of the time of entry or departure.\n8.5 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 his\nor her hand or by another method agreed by the Council.\n8.6 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.\n8.7 Presiding member may take part in debates\nThe presiding member may take part in a discussion of any matter before the Council or a committee,\nsubject to compliance with this local law.\n8.8 Relevance\nA member is to restrict his or her remarks to the motion or amendment under discussion, or to a\npersonal explanation or point of order.\n8.9 Speaking twice\nA member is not to address the Council or a committee more than once on any motion or amendment\nexcept—\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.\n8.10 Duration of speeches\n(1) A member is not to speak on any matter for more than 5 minutes without the consent of the Council\nor a committee 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.\n8.11 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.\n\n","sortOrder":63},{"sectionNumber":"1556","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1556 GOVERNMENT GAZETTE, WA 6 June 2023\n8.12 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 8.13; or\n(d) to move a procedural motion that the member be no longer heard (see clause 11.1(i)).\n8.13 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 immediately\nor 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.\n8.14 No reopening of discussion\nA member is not to reopen discussion on any Council or committee decision, except to move that the\ndecision be revoked or changed.\n8.15 Adverse reflection\n(1) A member is not to reflect adversely on a decision of the Council or committee except—\n(a) on a motion that the decision be revoked or changed; or\n(b) where the meeting resolves, without debate, that the question then before the meeting cannot\notherwise be adequately considered.\n(2) A member is not—\n(a) to reflect adversely on the character or actions of another member or employee; or\n(b) to impute any motive to a member or employee, unless the meeting resolves, without debate,\nthat the question then before the meeting cannot otherwise be adequately considered.\n(3) A member is not to use offensive expressions in reference to any member, employee or 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 for\nverification; and\n(b) the Council or committee may, by resolution, decide to record those words in the minutes.\n8.16 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 8.15(2)—\n(i) reflects adversely on the character or actions of another member or employee; or\n(ii) imputes any motive to a member or employee; 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 direct the member to refrain from taking any further part in the debate of that\nitem, other than by voting, and the member must comply with that direction.\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 that\nhe or she wishes to speak, is to preserve strict silence so that the presiding member may be heard\nwithout interruption.\n(3) Subclause (2) is not to be used by the presiding member to exercise the right provided in clause 8.7,\nbut 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.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1557\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, and, if permitted, the member who has\nbeen 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 rejecting\nthe 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 that—\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 under\nclause 9.5(3),\nthe presiding member may direct the member to refrain from taking any further part in the debate of\nthat item, other than by voting, and the member is to comply 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 purpose\nof preserving or regaining order, the second or subsequent adjournment may be to a later time on the\nsame day or to another day.\nPART 10—DEBATE OF MEMBERS\n10.1 Recommendations in reports\n(1) Recommendations contained in a committee or employee's report are to be given first priority\nconsideration for adoption by the Council.\n(2) Any proposed amendment to a recommendation in a committee or employees' report that is\nsignificantly different to the recommendation, is not to be accepted unless a notice of motion in\naccordance with clause 5.3 has been given by the mover of the proposed amendment.\n(3) The Council may by majority decision dispense with requirements of clause 5.1 (2) where the Council\nis satisfied that the reason for the proposed amendment meets the criteria of \"extreme urgency or other\nspecial circumstances\" in clause 5.4 (2).\n(4) The requirements for recording of written reasons in the minutes of a meeting for each decision\nmade at the meeting that is significantly different from the relevant written recommendation of a\ncommittee or an employee are dealt with in the regulations.\n10.2 Alternative motion\n(1) A member may submit an alternative motion for consideration by the Council that differs from a\ncommittee or employee's recommendation contained in the meeting agenda.\n(2) A member may submit an alternative motion for consideration by a committee that differs from an\nemployee's recommendation contained in a meeting agenda.\n(3) A request for an alternative motion must be received by the CEO or their delegate no later than\n9.00am on the day of the meeting.\n(4) The meeting may by absolute majority dispense with the requirement of clause 10.2 (3) where the\nmeeting is satisfied that that the alternative motion does not—\n(a) reflect a significant departure from the intent of the recommendation; or\n(b) involve a determination of a matter or the exercise of a discretion under the Local Planning\nScheme.\n\n","sortOrder":64},{"sectionNumber":"1558","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1558 GOVERNMENT GAZETTE, WA 6 June 2023\n10.3 Motions to be stated 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.\n(c) for complex amendments they must be in writing.\n10.4 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 the\nmotion has the support required under regulation 10 of the Regulations.\n10.5 Unopposed business\n(1) Immediately after a substantive motion has been moved and seconded, the presiding member may\nask the meeting—\n(a) if any member opposes it; or\n(b) if any member wishes the mover to speak to the motion before deciding whether to oppose it.\n(2) If any member wishes the mover to speak to the motion, the presiding member may—\n(a) call on the mover to speak to the motion; and\n(b) after the mover has spoken to the motion, again ask the meeting if any member opposes it.\n(3) If no member opposes the motion, the presiding member may declare it carried without debate and\nwithout taking a vote.\n(4) A motion declared carried under this clause is to be recorded in the minutes as a \"carried without\ndissent\" decision of the Council.\n(5) If a member opposes a motion, the motion is to be dealt with under this Part.\n(6) This clause does not apply to a motion to revoke or change a decision which has been made at a\nCouncil meeting.\n10.6 Only one substantive motion at a time\nWhen a substantive motion is under debate at a meeting of the Council, no further substantive motion\nis to be accepted. The Council is not to consider more than one substantive motion at any time.\n10.7 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.\n10.8 Limit of debate\nThe presiding member may offer the right of reply and put a substantive motion to the vote if he or she\nbelieves that sufficient discussion has taken place even though all members may not have spoken.\n10.9 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 debate,\nbut not so as to interrupt any other member who is speaking.\n10.10 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.\n10.11 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 until\nthe first amendment has been withdrawn, carried or lost.\n10.12 Form of an amendment\nAn amendment must add, delete, or substitute words to the substantive motion.\n10.13 Amendment must not negate original motion\nAn amendment to a substantive motion cannot negate the original motion or the intent of the original\nmotion.\n10.14 Relevance of amendments\nEach amendment is to be relevant to the motion in respect of which it is moved.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1559\n10.15 Mover of motion may speak on amendment\nAny member may speak during debate on an amendment in reference to the order set out in clause\n10.7.\n10.16 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.\n10.17 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.\n10.18 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 conclusion\nof the discussion on the substantive motion and any amendments.\n(4) After the mover of the substantive motion has commenced the reply—\n(a) no other member is to speak on the question; and\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 amended,\nis immediately to be put to the vote.\n10.19 Foreshadowing alternative motions\n(1) Should a member wish to negate a substantive motion and have a meeting consider a new\nsubstantive motion on the matter with different intent, the member is to foreshadow the new\nsubstantive motion prior to the right of reply.\n(2) Should a substantive motion be lost, the presiding member is to call upon the member who\nforeshadowed the new substantive motion to move the proposed motion.\n(3) Once moved and seconded, the foreshadowed motion becomes the substantive motion and the same\nprocedures and rules of debate apply to this motion as any other motion.\n(4) If more than one foreshadowed motion is proposed for any item before a meeting, the presiding\nmember is to deal with them in the order in which they were presented.\nPART 11—PROCEDURAL MOTION\n11.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion, a member may move the\nfollowing procedural motions—\n(a) that the motion be deferred;\n(b) that the meeting now adjourn;\n(c) that the debate be adjourned;\n(d) that the motion be now put;\n(e) that the motion lie on the table;\n(f) that the meeting proceed to the next item of business;\n(g) that the meeting be closed to members of the public;\n(h) that the ruling of the Presiding Member be overruled;\n(i) that the member be no longer heard; or\n(j) that the item be referred back to the (appropriate) Committee.\n11.2 No debate\n(1) The mover of a motion specified in paragraph (a), (b), (c), (e), (f), (g), (i) and (j) of clause 11.1 may\nspeak to the motion for not more than five minutes, the seconder is not to speak other than to formally\nsecond the motion, and there is to be no debate on the motion.\n(2) The mover of a motion specified in paragraph (d) or (h) 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.\n\n","sortOrder":65},{"sectionNumber":"1560","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1560 GOVERNMENT GAZETTE, WA 6 June 2023\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 and\nforces a decision on the substantive motion or amendment does not deny the right of reply to the mover\nof the substantive motion.\n11.5 Effect of procedural motions\n11.5.1 The motion be deferred\n(1) If a motion \"that the motion be deferred\", is carried, then all debate on the primary motion and\nany amendment is to cease and the motion or amendment is to be resubmitted for consideration at\na time and date specified in the motion.\n(2) A motion \"that the motion be deferred\" must not be moved in respect of the election of a Presiding\nMember or the Deputy President.\n(3) A member must not, at the same meeting, move or second more than one motion \"that the motion\nbe deferred\" in respect of the same item.\n11.5.2 The meeting now adjourn\n(1) If a motion \"that the meeting now adjourn\", is carried then the meeting is to be adjourned to a\ntime and date specified in the motion, or where no time and date is specified, to such time and date\nas the Presiding Member declares, or to the next ordinary meeting.\n(2) Where debate on a motion is interrupted by an adjournment under subclause (1)—\n(a) the debate is to be resumed at the date and time specified as required in subclause (1)\nand at the point where it was so interrupted; and\n(b) the names of members who have spoken on the matter prior to the adjournment are to\nbe recorded in the minutes; and\n(3) If a motion \"that the meeting now adjourn\" is lost, no similar motion is to be moved until—\n(a) after the conclusion of the business under discussion at the time the motion was moved;\nor\n(b) if the motion was moved on the conclusion of an item of business, after the conclusion of\nthe next item of business; or\n(c) after the conclusion of any other business allowed precedence by the meeting.\n(4) A member must not, at the same meeting, move or second more than one motion for the\nadjournment of the meeting.\n11.5.3 The debate be adjourned\n(1) If a motion \"that the debate be adjourned\", is carried—\n(a) all debate on the primary motion or amendment is to cease and is to continue at a time\nand date specified in the motion;\n(b) the names of members who have spoken on the matter are to be recorded in the minutes;\nand\n(2) A motion \"that the debate be adjourned\" must not be moved in respect of the election of a\nPresiding Member or the Deputy President.\n(3) A member must not, at the same meeting, move or second more than one motion \"that the debate\nbe adjourned\" in respect of the same item.\n11.5.4 The motion be now put\n(1) If a motion \"that the motion be now put\", is carried during discussion of a primary motion, the\nPresiding Member is to offer the right of reply and then immediately put the motion to the vote\nwithout further debate.\n(2) If the motion \"that the motion be now put\" is carried during debate of an amendment, the\nPresiding Member is to put the amendment to the vote without further debate.\n(3) If the motion \"that the motion be now put\" is lost, debate is to continue.\n11.5.5 The motion lie on the table\n(1) If a motion \"that the motion lie on the table\", is carried, debate on the primary motion and any\namendment must cease and the meeting is to proceed to the next item of business.\n(2) Debate on the motion laid on the table is to be adjourned until such time (if any) as the meeting\nresolves to take the motion from the table.\n(3) Where debate on a motion is interrupted by laying a motion on the table under subclause (1)—\n(a) the names of members who have spoken on the matter are to be recorded in the minutes;\nand\n(b) the provisions of clause 7.11 apply when the debate is resumed.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1561\n(4) A motion \"that the motion lie on the table\" must not be moved in respect of the election of a\nPresiding Member or the Deputy President.\n(5) A member moving the taking of the motion from the table is entitled to speak first on the\nresumption of the debate.\n11.5.6 Meeting to proceed to the next business\n(1) The motion \"that the meeting proceed to the next item of business\", if carried has the effect\nthat—\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 meeting moves to the next item of business; and\n(d) there is no requirement for the matter to be raised again for consideration.\n(2) A motion that \"the meeting proceed to the next item of business\" must not be moved in respect\nof the election of a Presiding Member or the Deputy President.\n11.5.7 Meeting be closed to members of the public\nIf a motion \"that the meeting be closed to members of the public\" is carried then the Presiding\nMember is to close the meeting in accordance with clause 6.2.\n11.5.8 Ruling by the Presiding Member be overruled\nIf a motion \"that the ruling of the Presiding Member be overruled\" is carried, that ruling is to have\nno effect and the meeting is to proceed accordingly.\n11.5.9 Member be no longer heard\nIf a motion \"that the member be no longer heard\" is carried, the speaker against whom the motion\nhas been moved must not speak further on the current primary motion, or any amendment relating\nto it, except to exercise the right of reply if he or she is the mover of the primary motion.\n11.5.10 Item be referred back to Committee\n(1) If a motion \"that the item be referred back to Committee\" is carried, debate on the primary\nmotion and any amendment is to cease and the primary motion, excluding any amendment, is to\nbe referred back to the appropriate Committee for further consideration.\n(2) If the motion in subclause (1) is lost, debate on the primary motion or amendment is to continue.\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 exercised,\nthe 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 determine\nwhether 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 raised\nhands.\n(3) Unless decided otherwise by a decision of Council or a committee the details of the members vote or\nvotes for or against, a matter, as the case may be, is to be recorded in the minutes.\n\n","sortOrder":66},{"sectionNumber":"1562","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1562 GOVERNMENT GAZETTE, WA 6 June 2023\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 of the Regulations, the minutes of a Council\nmeeting is to include, where an application for approval is refused or the authorisation of a licence,\npermit or certificate 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 Regulations.\n14.4 Confirmation of minutes\n(1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to their\nconfirmation at the next meeting, if a member is dissatisfied with the accuracy of the minutes, the\nmember may provide the Local Government with a written copy of the alternative wording to amend\nthe minutes no later than 7 clear working days before the next ordinary meeting of the Council.\n(2) At the next ordinary meeting of the Council, the member who provided the alternative wording\nmust, 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 or a committee 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\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(1) In this clause—\n(a) authorisation means a licence, permit, approval or other means of authorising a person to do\nanything;\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 be.\n\n6 June 2023 GOVERNMENT GAZETTE, WA 1563\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 morning of the first business\nday 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 was\nmade, 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 notice\nof 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(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 LAW\n17.1 Suspension of local law\n(1) A member may at any time move that the operation of one or more of the provisions of this local law\nbe 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 law does 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 11.1(h).\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' meeting,\nthe 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 must 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.\n\n","sortOrder":67},{"sectionNumber":"1564","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 June 2023","content":"1564 GOVERNMENT GAZETTE, WA 6 June 2023\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.\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 $500.00.\n19.2 Who can prosecute\nWho can prosecute is dealt with in the Act.\n————\nSCHEDULE 1—PETITION OF ELECTORS OF THE SHIRE OF CHITTERING\nTo the Shire President and Councillors of the Shire of Chittering\nWe, the undersigned, all being electors of the Shire of Chittering do respectfully request that the\nCouncil—\n[Here set out a concise statement of facts and the action sought]\nCorrespondence in respect of this petition should be addressed to—\n[Here set out relevant name(s) and address (es) for correspondence]\nThe names and addresses of your petitioners are as follows—\nDate Full Name Address Signature Agree/Disagree/\nNo Opinion\n————","sortOrder":68}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals the 2003 local law (cl. 1.4) and consolidates cemetery management rules (application to Chittering Cemetery, cl. 1.3) with detailed operational, permit and public‑space provisions (e.g. signage/advertising cls. 8.1–8.4; thoroughfares cls. 7.1–7.5) and meeting/procedure rules (Parts 11–18). That structure indicates a change in scope from a purely cemetery-focused regime to a single local law that integrates cemetery administration with broader local‑government property, permit and governance controls, allocating new administrative discretion, fee and compliance burdens (see cls. 2.1, 2.3, 8.3, 19.1)."},"complexity_factors":["Dense defined-term regime that governs interpretation across many operational rules (cl. 1.5).","Significant delegated discretion to the Board and CEO to exercise cemetery powers, set fees, approve/refuse and impose conditions (cls. 2.1, 2.3, 2.4, 4.1, 4.3).","Multiple permit regimes with differing application, notice and documentation requirements (interment permits cl. 3.1–3.4; thoroughfare/works permits cl. 7.2; signage/election advertising permits cls. 8.1–8.4).","Cross-references to the Cemeteries Act 1986, the Act and Regulations for offences, meetings, voting and authorisations, increasing reliance on external statutory instruments (see cl. 1.5 definition of Act; Parts referencing Act/Regulations in Parts 11–18).","Operational and compliance burdens on private parties: fees for grants/renewals/interments (cls. 2.3, 2.5, 3.1), documentary/identification requirements (cls. 3.2–3.3), insurance requirements for verge signs (cl. 8.3(4)), and obligations to display/maintain lot numbers (cl. 7.7).","Detailed safety, access and time constraints for interments and cemetery conduct (cls. 4.1, 5.1; burial dimensions in cl. 1.5 standard grave definition).","Enforcement and penalty structure is straightforward but potentially consequential: offences attract a $1,000 penalty and $500 daily (cl. 19.1).","Procedural governance rules for meetings, motions, revocation and implementation add administrative complexity and delay mechanisms (Parts 11, 13, 16—e.g. cll. 11.5.6, 13.1, 16.3).","Provision for contractual maintenance arrangements between the Board and grave/right holders creates private cost obligations and potential long-term liabilities (cl. 2.9).","Template and formal petition process for electors (Schedule 1) creates a formalised public engagement route with precise content and signing requirements."],"plain_english_summary":"Sets rules for managing Chittering Cemetery and related local government property: who may be buried or place ashes, how burial rights are granted/renewed/transferred, interment permit and identification requirements, memorial works, fees, signage and behaviour on public/local-government land. The Board and CEO hold decision-making power, many activities need permits or insurance, and breaches attract fines. It matters because it defines who pays (fees/insurance), what approvals are required, and the compliance and enforcement framework users must follow."},"kimi_summary":{"_metrics":{"completionTokens":1460},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. Each local law replaces an earlier version (2003–2015) with updated provisions that maintain the same general scope: cemetery management, dog/cat control, public place regulation, and meeting procedures. No significant expansion beyond traditional local government regulatory functions is evident."},"complexity_factors":["Multiple distinct legislative instruments bundled together (5 separate local laws)","Extensive cross-referencing to parent Acts (Cemeteries Act 1986, Dog Act 1976, Cat Act 2011, Local Government Act 1995)","Detailed technical specifications (e.g., kennel floor construction with 10 specific requirements in Schedule 2)","Numerous defined terms across each instrument (e.g., 25+ definitions in Cemeteries law alone)","Conditional and exception-based drafting (e.g., 'unless otherwise permitted', 'subject to', 'notwithstanding')","Multiple penalty tiers with modified penalties, continuing offence provisions, and differentiated penalties for dangerous dogs","Schedule-based offence structures with itemised penalty tables","Procedural complexity in Standing Orders (19 Parts with intricate debate rules)","Overlapping but distinct permit systems across different laws","Transitional provisions preserving existing permits and signs"],"plain_english_summary":"The Shire of Chittering’s five 2023 local laws update rules on cemeteries, dogs, cats, use of council land and public places, and council meeting procedures. They set who can do what (burials, pet numbers and kennels, public activities and permits), protect public and environmental assets, prescribe offences/penalties, and govern meeting conduct. These changes affect residents, pet owners, businesses and event organisers across the Shire by modernising local regulation and enforcement."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-chittering-cemeteries-local-law-2023","history":"/api/acts/shire-of-chittering-cemeteries-local-law-2023/history","analysis":"/api/acts/shire-of-chittering-cemeteries-local-law-2023/analysis","conflicts":"/api/acts/shire-of-chittering-cemeteries-local-law-2023/conflicts","importantCases":"/api/acts/shire-of-chittering-cemeteries-local-law-2023/important-cases","documents":"/api/acts/shire-of-chittering-cemeteries-local-law-2023/documents"}}