{"id":"wa-local:east-pilbara-shire-of-shire-of-east-pilbara-cemeteries-amendment-local-law-2020","name":"Shire of East Pilbara Cemeteries Amendment Local Law 2020","slug":"shire-of-east-pilbara-cemeteries-amendment-local-law-2020","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437989,"registerId":"wa-local:east-pilbara-shire-of-shire-of-east-pilbara-cemeteries-amendment-local-law-2020-pdf-1775954605888","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of East Pilbara Cemeteries Amendment Local Law 2020","content":"2943\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, WEDNESDAY, 16 SEPTEMBER 2020 No. 153 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nSHIRE OF EAST PILBARA\n———————————\nLOCAL GOVERNMENT ACT 1995\nCEMETERIES ACT 1986\nCEMETERIES AMENDMENT\nLOCAL LAW 2020\n———————————\nDOG ACT 1976\nDOGS LOCAL LAW 2020\n———————————\nLOCAL GOVERNMENT ACT 1995\nDIVIDING FENCES ACT 1961\nFENCING AMENDMENT LOCAL LAW 2020\n———————————\nLOCAL GOVERNMENT ACT 1995\nPARKING AMENDMENT LOCAL LAW 2020\n\n\n\n16 September 2020 GOVERNMENT GAZETTE, WA 2945\nLOCAL GOVERNMENT ACT 1995\nCEMETERIES ACT 1986\nSHIRE OF EAST PILBARA\nCEMETERIES AMENDMENT LOCAL LAW 2020\nUnder the powers conferred by the Local Government Act 1995, the Cemeteries Act 1986 and all other\npowers enabling it, the Council of the Shire of East Pilbara resolved on 28 August 2020 to make the\nfollowing local law.\n1. Citation\nThis local law is cited as the Shire of East Pilbara Cemeteries Amendment Local Law 2020.\n2. Commencement\nThis local law comes into operation 14 days after its publication in the Government Gazette.\n3. Principal Local Law\nThis local law amends the Shire of East Pilbara Cemeteries Local Law 2010 as published in the\nGovernment Gazette on 17 January 2011.\n4. Clause 2.4 replaced\nClause 2.4 is deleted and replaced with—\n2.4 Issuing grants\nThe local government may, upon the written application of a person and upon payment of a set\nfee, issue that person with a grant for a term of 25 years.\n5. Clause 2.7 amended\nClause 2.7(2) is deleted and replaced with—\n(2) Notwithstanding subclause (1), the local government may, prior to issuing a replacement\ngrant, require the holder to make a statutory declaration.\n6. Clause 2.8 amended\nClause 2.8(1)(a) is deleted and replaced with—\n(a) Make an application to the local government; and\n7. Clause 3.1 amended\nClause 3.1(1) is deleted and replaced with—\n(1) A person may apply for approval to bury a dead body in the cemetery.\n8. Clause 3.3 replaced\nClause 3.3 is deleted and replaced with—\n3.3 Certificate of identification\n(1) After a dead body is placed in a coffin and prior to the dead body being removed to a cemetery,\na person who personally knew the deceased shall identify the dead body and shall complete a\ncertificate of identification, unless—\n(a) in the opinion of a 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\nthe dead body.\n(2) Where—\n(a) in the opinion of a funeral director, a 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\nthe dead body,\nthen the funeral director shall complete a certificate to that effect.\n\n2946 GOVERNMENT GAZETTE, WA 16 September 2020\n9. Clause 4.2 replaced\nClause 4.2 is deleted and replaced with—\n4.2 Funeral director’s licence\n(1) The local government may, upon the receipt of an application in writing and upon payment of\na set fee, issue to an applicant a funeral director’s licence authorising a holder to direct funerals\nwithin a cemetery at such times and on such days and subject to such conditions as the local\ngovernment shall specify and in compliance with the provisions of this local law.\n(2) If the application referred to in subclause (1) is approved by the local government, the local\ngovernment shall issue to the applicant a licence.\n(3) A person who is the holder of a current funeral director’s licence may apply for a new licence\nfor the following year by lodging with the local government an application form and upon\npayment of the set fee.\n10. Clause 4.6 amended\nClause 4.6(1) is deleted and replaced with—\n(1) The local government may, upon receipt of an application in writing by a person and upon\npayment of a set fee, issue to an applicant a single funeral permit authorising a holder to direct a\nfuneral of the person named in a permit within a cemetery at such time and subject to such\nconditions as the local government shall specify upon the issue of that permit or in this local law.\n11. Clause 5.6 amended\n(1) Clause 5.6(1) is deleted and replaced with—\n(1) A personal representative of a deceased person whose body has been cremated may apply, in\nan application under clause 3.1 for permission to dispose of the ashes in a cemetery and upon\npayment of a set fee, the local government may grant permission for the ashes to be disposed of by\none of the following methods—\n(a) niche wall;\n(b) family grave;\n(c) bush memorial; or\n(d) other memorials approved by the local government.\n(2) In clause 5.6 (2), the words ‘in the form prescribed in Schedule 14’ are deleted.\n12. Clause 7.1 amended\nClause 7.1(1)(a) is deleted and replaced with—\n(a) the written application of a person; and\n13. Clause 7.18 replaced\nClause 7.18 is deleted and replaced with—\n7.18 Application for single monumental work permit\n(1) The local government may, upon receipt of an application in writing by a person and upon\npayment of a set fee, issue to an applicant a single monumental work permit authorising a holder\nto place a monument within a cemetery subject to such conditions as the local government shall\nspecify upon the issue of that permit or in this local law.\n(2) Every application for a single monumental work permit under subclause (1) shall include an\napplication for monumental work.\n14. Clauses 8.1 and 8.2 deleted and replaced\nClause 8.1 and 8.2 are deleted and replaced with—\n8.1 Animals\nA person shall not bring an animal into or permit an animal to enter or remain in the cemetery,\nother than an ‘assistance animal’ as defined in section 9(2) of the Disability Discrimination\nAct 1992 (Cth) or with the approval of the CEO.\n15. Schedules deleted\nSchedules 4 to 17 inclusive are deleted.\n————\nDated 28 August 2020.\nThe Common Seal of the Shire of East Pilbara was affixed by authority of a resolution of the Council\nin the presence of—\nCr LYNNE CRAIGIE OAM, President.\nJEREMY EDWARDS, Chief Executive Officer.\n———————————\n\n16 September 2020 GOVERNMENT GAZETTE, WA 2947\nDOG ACT 1976\nSHIRE OF EAST PILBARA\nDOGS LOCAL LAW 2020\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 East Pilbara resolved on 28 August 2020 to make the\nfollowing local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of East Pilbara Dogs Local Law 2020.\n1.2 Repeal\nThe Shire of East Pilbara Dogs Local Law 2011 published in the Government Gazette on 26 March\n2012 is repealed.\n1.3 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Dog Act 1976;\nauthorised person means a person authorised by the local government to perform all or any of\nthe functions conferred on an authorised person under this local law;\nCEO means the Chief Executive Officer of the local government;\ndistrict means the district of the local government;\nlocal government means the Shire of East Pilbara;\nlocal planning scheme means a local planning scheme made by the local government under the\nPlanning and Development Act 2005;\nRegulations means the Dog Regulations 2013;\nSchedule means a schedule in this local law; and\nthoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995.\n1.4 Application\nThis local law applies throughout the district.\nPART 2—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS\n2.1 Dogs to be confined\n(1) An occupier of premises on which a dog is kept must—\n(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of\nconfining the dog;\n(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height\nand construction which having regard to the breed, age, size and physical condition of the dog\nis capable of preventing the dog at all times from passing over, under or through it;\n(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the\npremises (unless the gate is opened in a temporary manner that ensures the dog remains\nconfined) and is fitted with a proper latch or other means of fastening it;\n(d) maintain the fence and all gates and doors in the fence in good order and condition;\n(e) ensure the fence is erected and maintained in accordance with the provisions of the Shire of\nEast Pilbara Fencing Local Law; and\n(f) where no part of the premises consists of open space, yard or garden or there is no open s:pace\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\n2948 GOVERNMENT GAZETTE, WA 16 September 2020\n(3) Notwithstanding subclauses (1) and (2), the confinement of dangerous dogs is dealt with in the Act\nand Regulations.\n2.2 Limitation on the number of dogs\n(1) This clause does not apply to premises which have been—\n(a) licensed under Part 3 as an approved kennel establishment;\n(b) granted an exemption under section 26(3) of the Act; or\n(c) established as a veterinary hospital or a veterinary clinic.\n(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of\nsection 26(4) of the Act is—\n(a) 2 dogs over the age of 3 months and the young of those dogs under that age if the premises\nare situated within a townsite; or\n(b) 4 dogs over the age of 3 months and the young of those dogs under that age if the premises\nare situated outside a townsite.\nPART 3—APPROVED KENNEL ESTABLISHMENTS\n3.1 Interpretation\nIn this Part and in Schedule 2—\n“licence” means a licence to keep an approved kennel establishment on premises;\n“licensee” means the holder of a licence;\n“premises”, in addition to the meaning given to it in section 3 of the Act, means the premises\ndescribed in the application for a licence; and\n“transferee” means a person who applies for the transfer of a licence to her or him under\nclause 3.14.\n3.2 Application for licence for approved kennel establishment\nAn application for a licence must be made in the form of that in Schedule 1, and must be lodged with\nthe local government together with—\n(a) evidence of planning approval obtained from the local government—\n(b) plans and specifications of the kennel establishment, including a site plan;\n(c) copies of the notices to be given under clause 3.3;\n(d) written evidence that either the applicant or another person who will have the charge of the\ndogs, will reside on the premises or, in the opinion of the local government, sufficiently close\nto the premises so as to control the dogs and so as to ensure their health and welfare;\n(e) a written acknowledgement that the applicant has read and agrees to comply with any code\nof practice relating to the keeping of dogs nominated by the local government; and\n(f) the fee for the application for a licence referred to in clause 3.10.\n3.3 Notice of proposed use\n(1) An applicant for a licence must give notice of the proposed use of the premises as an approved\nkennel establishment after the application for a licence has been lodged—\n(a) once in a newspaper circulating in the district; and\n(b) to the owners and occupiers of any premises adjoining the premises.\n(2) The notices in subclause (1) must specify that—\n(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days\nof the date the notice is given; and\n(b) the application and plans and specifications may be inspected at the offices of the local\ngovernment.\n(3) Where—\n(a) the notices given under subclause (1) do not clearly identify the premises; or\n(b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in\nthe opinion of the local government, would fail to serve the purpose of notifying persons of the\nproposed use of the premises,\nthen the local government may refuse to determine the application for a licence until the notices or\nnotice, as the case may be, is given in accordance with its directions.\n3.4 Exemption from notice requirements\nWhere an application for a licence is made in respect of premises on which an approved kennel\nestablishment is either a—\n(a) permitted use; or\n(b) use which the local government may approve subject to compliance with specified notice\nrequirements,\nunder a local planning scheme, then the requirements of clauses 3.2(c), 3.3 and 3.5(c) do not apply in\nrespect of the application for a licence.\nThe local government may require advertising of an application as part of the planning process.\n\n16 September 2020 GOVERNMENT GAZETTE, WA 2949\n3.5 When application can be determined\nAn application for a licence is not to be determined by the local government until—\n(a) planning approval has been given by the local government;\n(b) the applicant has complied with clause 3.2;\n(c) the applicant submits proof that the notices referred to in clause 3.3(1) have been given in\naccordance with that clause; and\n(d) the local government has considered any written submissions received within the time\nspecified in clause 3.3(2)(a) on the proposed use of the premises.\n3.6 Determination of application\nIn determining an application for a licence, the local government is to have regard to—\n(a) the matters referred to in clause 3.7;\n(b) any written submissions received within the time specified in clause 3.3(2)(a) on the proposed\nuse of the premises;\n(c) any economic or social benefits which may be derived by any person in the district if the\napplication for a licence is approved;\n(d) the effect which the approved kennel establishment may have on the environment or amenity\nof the neighbourhood;\n(e) whether the approved kennel establishment will create a nuisance for the owners and\noccupiers of adjoining premises; and\n(f) whether or not the imposition of and compliance with appropriate conditions of a licence will\nmitigate any adverse effects of the approved kennel establishment identified in the preceding\nparagraphs.\n3.7 Where application cannot be approved\nThe local government cannot approve an application for a licence where—\n(a) an approved kennel establishment cannot be permitted by the local government on the\npremises under a local planning scheme unless prior valid planning approval has been issued\nby the local government and the application for a licence is consistent with that approval; or\n(b) an applicant for a licence or another person who will have the charge of the dogs will not\nreside on the premises, or, in the opinion of the local government, sufficiently close to the\npremises so as to control the dogs and so as to ensure their health and welfare.\n3.8 Conditions of approval\n(1) The local government may approve an application for a licence subject to the conditions contained\nin Schedule 2 and to such other conditions as the local government considers appropriate.\n(2) In respect of a particular application for a licence, the local government may vary any of the\nconditions contained in Schedule 2.\n3.9 Compliance with conditions of approval\nPenalties applicable where a licensee does not comply with the conditions of a licence are contained in\nthe Dog Act and Regulations.\n3.10 Fees\n(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.\n(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.\n(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the\nlocal government.\n(4) The 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.\n3.11 Form of licence\nThe licence is to be in the form determined by the local government and is to be issued to the licensee.\n3.12 Period of licence\n(1) The period of effect of a licence is set out in section 27(5) of the Act.\n(2) A licence is to be renewed if the fee referred to in clause 3.10(2) is paid to the local government\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.\n3.13 Variation or cancellation of licence\n(1) The local government may vary the conditions of a licence.\n(2) The local government may cancel a licence—\n(a) on the request of the licensee;\n(b) following a breach of the Act, the Regulations or this local law; or\n(c) if in the opinion of the local government the licensee is not a fit and proper person.\n(3) The date a licence is cancelled is to be, in the case of—\n(a) paragraph (a) of subclause (2), the date requested by the licensee; or\n\n2950 GOVERNMENT GAZETTE, WA 16 September 2020\n(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act.\n(4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence\nthat has not yet expired.\n3.14 Transfer\n(1) An application for the transfer of a valid licence from the licensee to another person must be—\n(a) made in the form determined by the local government;\n(b) made by the transferee;\n(c) made with the written consent of the licensee; and\n(d) lodged with the local government together with—\n(i) written evidence that a person will reside at or within reasonably close proximity to the\npremises the subject of the licence; and\n(ii) the fee for the application for the transfer of a licence referred to in clause 3.10(3).\n(2) The local government is not to determine an application for the transfer of a valid licence until the\ntransferee has complied with subclause (1).\n(3) The local government may approve, whether or not subject to such conditions as it considers\nappropriate, or refuse to approve an application for the transfer of a valid licence.\n(4) Where the local government approves an application for the transfer of a valid licence, then on the\ndate of approval, unless otherwise specified in the notice issued under clause 3.15(b), the transferee\nbecomes the licensee of the licence for the purposes of this local law.\n3.15 Notification\nThe local government is to give written notice to—\n(a) an applicant for a licence of the local government’s decision on her or his application;\n(b) a transferee of the local government’s decision on her or his application for the transfer of a\nvalid licence;\n(c) a licensee of any variation made under clause 3.13(1);\n(d) a licensee when her or his licence is due for renewal and the manner in which it may be\nrenewed;\n(e) a licensee when her or his licence is renewed;\n(f) a licensee of the cancellation of a licence under clause 3.13(2)(a); and\n(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 3.13(2), which\nnotice is to be given in accordance with section 27(6) of the Act.\n3.16 Inspection of kennel\nWith the consent of the occupier, an authorised person may inspect an approved kennel\nestablishment at any time.\nPART 4—MISCELLANEOUS\n4.1 Offence to excrete\n(1) A dog must not excrete on—\n(a) any thoroughfare, any dog exercise area or other public place; or\n(b) any land which is not a public place without the consent of the occupier.\n(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the\ncontrol of 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.\nPART 5—ENFORCEMENT\n5.1 Interpretation\nIn this Part—\ninfringement notice means the notice referred to in clause 5.4;\nnotice of withdrawal means the notice referred to in clause 5.7(1); and.\n5.2 Offences and general penalty\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not less\nthan $500 and not exceeding $5,000, and if the offence is of a continuing nature, to an additional\npenalty not exceeding $500 for each day or part of a day during which the offence has continued.\n5.3 Modified penalties\nThe offences contained in Schedule 3 are offences in relation to which a modified penalty may be\nimposed.\n\n16 September 2020 GOVERNMENT GAZETTE, WA 2951\n5.4 Issue of infringement notice\nWhere an authorised person has reason to believe that a person has committed an offence in respect\nof which a modified penalty may be imposed, he or she may issue to that person a notice in the form of\nForm 8 of the First Schedule of the Regulations.\n5.5 Failure to pay modified penalty\nWhere a person who has received an infringement notice fails to pay the modified penalty within the\ntime specified in the notice, or within such further time as may in any particular case be allowed by\nthe CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified\npenalty.\n5.6 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or\nwithin such further time as may in any particular case be allowed by the CEO, send or deliver to the\nlocal government the amount of the penalty, with or without a reply as to the circumstances giving\nrise to the offence, and the local government may appropriate that amount in satisfaction of the\npenalty and issue an acknowledgment.\n5.7 Withdrawal of infringement notice\n(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice in the form of Form 9 of the First Schedule of the Regulations.\n(2) A person authorised to issue an infringement notice under clause 5.4 cannot sign or send a notice\nof withdrawal.\n————\nSCHEDULE 1—APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\n(clause 3.2)\nDOGS LOCAL LAW 2020\nI/we (full name) ..............................................................................................................................................\nof (postal address) ..........................................................................................................................................\n(telephone number) ........................................................................................................................................\n(facsimile number) .........................................................................................................................................\n(E-mail address) .............................................................................................................................................\nApply for a licence for an approved kennel establishment at (address of premises) ..................................\n........................................................................................................................................................................\nFor (number and breed of dogs) ....................................................................................................................\n* (insert name of person) .................................................................. will be residing at the premises on\nand from (insert date) ...........................................\n* (insert name of person) ......................................................... will be residing (sufficiently close to the\npremises so as to control the dogs and so as to ensure their health and welfare) at ...........................\n.................................................................................................................... (insert address of residence)\non and from ................................................... (insert date).\nAttached are—\n(a) a site plan of the premises showing the location of the kennels and yards and all other\nbuildings and structures and fences;\n(b) plans and specifications of the kennel establishment;\n(c) copy of notice of proposed use to appear in newspaper;\n(d) copy of notice of proposed use to be given to adjoining premises;\n(e) written evidence that a person will reside—\n(i) at the premises; or\n(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their\nhealth and welfare; and\n(f) if the person in item (e) is not the applicant, written evidence that the person is a person in\ncharge of the dogs.\nI confirm that I have read and agree to comply with the Code of Practice known as ................................\n............................................................................................, in the keeping of dogs at the proposed kennel\nestablishment.\nSignature of applicant ..........................................................................\nDate .......................................................................................................\n* delete where inapplicable.\nNote: a licence if issued will have effect for a period of 12 months—section 27(5) of the Dog Act.\nOFFICE USE ONLY\nApplication fee paid on [insert date].\n\n2952 GOVERNMENT GAZETTE, WA 16 September 2020\nSCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\n(clause 3.8(1))\nAn application for a licence for an approved kennel establishment may be approved subject to the\nfollowing conditions—\n(a) each kennel, unless it is fully enclosed, must have a yard attached to it;\n(b) each kennel and each yard must be at a distance of not less than—\n(i) 25m from the front boundary of the premises and 5m from any other boundary of the\npremises;\n(ii) 10m from any dwelling; and\n(iii) 25m from any church, school room, hall, factory, dairy or premises where food is\nmanufactured, prepared, packed or stored for human consumption;\n(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or\nnetting or other materials approved by the local government;\n(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the\nbreed of dog (when it is fully grown), squared, times the number of dogs to be housed in the\nkennel and the length of the dog is to be determined by measuring from the base of the tail to\nthe front of its shoulder;\n(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice\nthe floor area of the kennel or group of kennels to which it is attached;\n(f) the upper surface of the kennel floor must be—\n(i) at least 100mm above the surface of the surrounding ground;\n(ii) smooth so as to facilitate cleaning;\n(iii) rigid;\n(iv) durable;\n(v) slip resistant;\n(vi) resistant to corrosion;\n(vii) non-toxic;\n(viii) impervious;\n(ix) free from cracks, crevices and other defects; and\n(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in\nturn must lead to a suitably sized diameter sewerage pipe which must be properly laid,\nventilated and trapped in accordance with the health requirements of the local\ngovernment;\n(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to\napproved apparatus for the treatment of sewage in accordance with the health requirements\nof the local government;\n(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the\njunction of the floor and external and internal walls, or internal walls must be so constructed\nas to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;\n(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of\nany kennel;\n(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—\n(i) 2m; or\n(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured\nfrom the floor to the uppermost tip of its shoulders while in a stationary upright\nposition;\n(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted\ninternally and externally with good quality new zincalume or new pre-finished colour coated\nsteel sheeting or new fibrous cement sheeting or other durable material approved by the local\ngovernment;\n(l) all external surfaces of each kennel must be kept in good condition;\n(m) the roof of each kennel must be constructed of impervious material;\n(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must\nbe cleaned and disinfected when so ordered by an authorised person;\n(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for\nthe treatment of sewage;\n(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;\n(q) suitable water must be available at the kennel via a properly supported standpipe and tap;\nand\n(r) the licensee or the person nominated in the application for a licence, must, in accordance with\nthe application for the licence, continue to reside—\n(i) at the premises; or\n(ii) in the opinion of the local government, sufficiently close to the premises so as to control\nthe dogs, and to ensure their health and welfare.\n\n16 September 2020 GOVERNMENT GAZETTE, WA 2953\nSCHEDULE 3—OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES\n(clause 5.3)\nOffence Nature of offence\nModified penalty\n$\n2.1 Failing to provide means for effectively confining a dog 100\n4.1(2) Dog excreting in prohibited place 100\n————\nDated: 28 August 2020.\nThe Common Seal of the Shire of East Pilbara was affixed by authority of a resolution of the Council\nin the presence of—\nCr LYNNE CRAIGIE OAM, President.\nJEREMY EDWARDS, Chief Executive Officer.\n———————————\n\n\n\n16 September 2020 GOVERNMENT GAZETTE, WA 2955\nLOCAL GOVERNMENT ACT 1995\nDIVIDING FENCES ACT 1961\nSHIRE OF EAST PILBARA\nFENCING AMENDMENT LOCAL LAW 2020\nUnder the powers conferred by the Local Government Act 1995, and all other powers enabling it, the\nCouncil of the Shire of East Pilbara resolved on 28 August 2020 to make the following local law.\n1. Citation\nThis local law is cited as the Shire of East Pilbara Fencing Amendment Local Law 2020.\n2. Commencement\nThis local law comes into operation 14 days after its publication in the Government Gazette.\n3. Principal Local Law\nThis local law amends the Shire of East Pilbara Fencing Local Law 2011 as published in the\nGovernment Gazette on 26 March 2012.\n4. Clause 1.6 amended\nIn clause 1.6—\n(1) The definition of ‘authorised person’ is replaced with—\nauthorised person means a person appointed by the local government under section 96 of\nthe Building Act 2011 to perform any of the functions of an authorised person under this\nlocal law;\n(2) The definition of ‘Building Surveyor’ is deleted.\n5. ‘Building Surveyor’ replaced with ‘authorised person’\n‘the Building Surveyor’ is replaced with ‘an authorised person’ wherever it appears in the local law.\n————\nDated 28 August 2020.\nThe Common Seal of the Shire of East Pilbara was affixed by authority of a resolution of the Council\nin the presence of—\nCr LYNNE CRAIGIE OAM, President.\nJEREMY EDWARDS, Chief Executive Officer.\n———————————\n\n\n\n16 September 2020 GOVERNMENT GAZETTE, WA 2957\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF EAST PILBARA\nPARKING AMENDMENT LOCAL LAW 2020\nUnder the powers conferred by the Local Government Act 1995, and all other powers enabling it, the\nCouncil of the Shire of East Pilbara resolved on 28 August 2020 to make the following local law.\n1. Citation\nThis local law is cited as the Shire of East Pilbara Parking Amendment Local Law 2020.\n2. Commencement\nThis local law comes into operation 14 days after its publication in the Government Gazette.\n3. Principal Local Law\nThis local law amends the Shire of East Pilbara Parking and Parking Facilities Local Law 2011\npublished in the Government Gazette on 9 October 2012.\n4. Title amended\nThe name of the local law is amended to the Shire of East Pilbara Parking Local law 2011 where it\nappears in the title to the local law and in clause 1.1.\n5. Clause 1.6 amended\nIn clause 1.6—\n(a) The definition of ACROD is deleted; and\n(b) The following definition is added in the appropriate place in alphabetical order—\ndisability parking permit has the meaning given to it in the Local Government (Parking\nfor People with Disabilities) Regulations 2014;\n6. Clause 3.3 amended\nSubclauses 3.3(3)(a) and (b) are deleted and replaced with—\n(a) the driver’s vehicle displays a valid disability parking permit;\n(b) a person with disabilities to which that permit relates is either the driver of or a passenger in\nthe vehicle; and\n(c) the disability permit is clearly visible to, and able to be read by, an authorised person\nexamining the permit from outside the vehicle.\n7. Clause 4.1 amended\n(1) Subclause 4.1(3) is deleted and replaced with—\n(3) In subclause (2), driver means a driver where—\n(a) the driver’s vehicle displays a disability parking permit; and\n(b) a disabled person to which the disability parking permit relates is either the driver of the\nvehicle or a passenger in the vehicle.\n(2) Subclause 4.1(6) is deleted and replaced with—\n(6) A person shall not, park a vehicle in an area designated by a sign stating “Authorised Vehicles\nOnly”—\n(a) without the prior permission of the local government or an authorised person; and\n(b) without displaying a permit issued by the local government or an authorised person.\n8. Clause 7.1 amended\nSubclause 7.1(4) is deleted and replaced with—\n(4) Subclause (3) does not apply to an offence to which the Local Government (Parking for People\nwith Disabilities) Regulations 2014 applies.\n\n2958 GOVERNMENT GAZETTE, WA 16 September 2020\n9. Clause 7.2 replaced\nClause 7.2 is deleted and replaced with—\n7.2 Form of notices\nFor the purposes of this local law—\n(a) the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 3;\n(b) the form of the infringement notice referred to in section 9.17 of the Act is that of Form 2\nin Schedule 3; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 3.\n10. Schedule 2 amended\nSchedule 2 is deleted and replaced with—\nSCHEDULE 2—PRESCRIBED OFFENCES\n[clause 7.1(4)]\nItem\nNo.\nClause\nNo. Nature of Offence\nModified\nPenalty\n$\n1 2.1 Failure to comply with signs 100\n2 2.2(a) Unauthorised display, marking, setting up, exhibiting of a\nsign\n100\n3 2.2(b) Unauthorised removal, defacing or misuse of a sign 100\n4 2.2(c) Unauthorised affixing anything to a sign 100\n5 3.2(1)(a) Failure to park parallel to and as close to the kerb as\npracticable in a parking stall\n100\n6 3.2(1)(b) Failure to park wholly within parking stall 100\n7 3.2(1)(c) Failure to park in the direction of the movement of traffic\nin a parking stall\n100\n8 3.2(4) Failure to park wholly within parking area 100\n9 3.3(1)(a) Causing obstruction in parking station 100\n10 3.3(1)(b) Parking contrary to sign in parking station 100\n11 3.3(1)(c) Parking contrary to directions of authorised person 100\n12 3.3(1)(d) Parking or attempting to park a vehicle in a parking stall\noccupied by another vehicle\n100\n13 4.1(1)(a) Parking by vehicles of a different class 100\n14 4.1(1)(b) Parking by persons of a different class 100\n15 4.1(1)(c) Parking during prohibited period 100\n16 4.1(4)(a) Parking in no parking area 100\n17 4.1(4)(b) Parking contrary to signs or limitations 100\n18 4.1(4)(c) Parking vehicle in motor cycle only area 100\n19 4.1(5) Parking motor cycle in stall not marked “M/C” 100\n20 4.1(6)(a) Parking without permission in an area designated for\n“Authorised Vehicles Only”\n100\n21 4.1(6)(b) Parking without displaying permit in an area designated\nfor “Authorised vehicles only”\n100\n22 4.2(1)(a) Failure to park on the left of two-way carriageway 100\n23 4.2(1)(b) Failure to park on boundary of one-way carriageway 100\n24 4.2(1)(a) or\n4.2(1)(b)\nParking against the flow of traffic 100\n25 4.2(1)(c) Parking when distance from farther boundary less than\n3 metres\n100\n26 4.2(1)(d) Parking closer than 1 metre from another vehicle 100\n27 4.2(1)(e) Causing obstruction 100\n28 4.4(b) Failure to park approximate right angle 100\n29 4.5(2) Failure to park at an appropriate angle 100\n30 4.6(3)(a) Double parking 100\n31 4.6(3)(b) Parking on or adjacent to a median strip 100\n32 4.6(3)(c) Denying access to private drive or right of way 100\n33 4.6(3)(d) Parking beside excavation or obstruction so as to obstruct\ntraffic\n100\n34 4.6(3)(e) Parking within 10 metres of traffic island 100\n35 4.6(3)(f) Parking on footpath/pedestrian crossing 100\n\n16 September 2020 GOVERNMENT GAZETTE, WA 2959\nItem\nNo.\nClause\nNo. Nature of Offence\nModified\nPenalty\n$\n36 4.6(3)(h) Parking closer than 3 metres to double longitudinal lines 100\n37 4.6(3)(i) Parking on intersection 100\n38 4.6(3)(j) Parking within 1 metre of fire hydrant or fire plug 100\n39 4.6(3)(k) Parking within 3 metres of public letter box 100\n40 4.6(3)(l) Parking within 10 metres of intersection 100\n41 4.6(4)(a) or (b) Parking vehicle within 10 metres of departure side of bus\nstop, children’s crossing or pedestrian crossing\n100\n42 4.6(5)(a) or (b) Parking vehicle within 20 metres of approach side of bus\nstop, children’s crossing or pedestrian crossing\n100\n43 4.6(6) Parking vehicle within 20 metres of approach side or\ndeparture side of railway level crossing\n100\n44 4.7 Parking on a verge 100\n45 4.8 Parking contrary to direction of authorised person 100\n46 4.9(1), (2) or\n(3)\nMoving vehicle to avoid time limitation 100\n47 4.10(a) Parking in thoroughfare for purpose of sale 100\n48 4.10(b) Parking unlicensed vehicle in thoroughfare 100\n49 4.10(c) Parking a trailer/caravan on a thoroughfare 100\n50 4.10(d) Parking in thoroughfare for purpose of repairs 100\n51 4.11(2) Parking on land that is not a parking facility without\nconsent\n100\n52 4.11(3) Parking on land not in accordance with consent 100\n53 4.12 Driving or parking on a reserve 100\n54 5.1(1) Stopping contrary to a “no stopping” sign 100\n55 5.1(2) Parking contrary to a “no parking” sign 100\n56 5.1(3) Stopping within continuous yellow lines 100\n57 5.2 Stopping unlawfully in a loading zone 100\n58 5.3 Stopping unlawfully in a taxi zone or bus zone 100\n59 5.4 Stopping unlawfully in a mail zone 100\n60 5.5 Stopping in a zone contrary to a sign 100\n61 5.6 Stopping in a shared zone 100\n62 5.7(1) Double parking 100\n63 5.8 Stopping near an obstruction 100\n64 5.9 Stopping on a bridge or tunnel 100\n65 5.10 Stopping on crests/curves etc 100\n66 5.11 Stopping near fire hydrant 100\n67 5.12 Stopping on path, median strip or traffic island 100\n68 5.13(1) Stopping on verge 100\n69 5.14 Obstructing path, a driveway etc 100\n70 5.15 Stopping near letter box 100\n71 5.16 Stopping heavy or long vehicles on carriageway 100\n72 5.17 Stopping in bicycle parking area 100\n73 5.18 Stopping in motorcycle parking area 100\n74 5.19 Stopping or parking in a stall set up as an eating area 100\n75 5.20(3) Stopping or parking contrary to requirements of a permit 100\n76 5.21 Stopping or parking a vehicle (other than a bicycle or\nmotor cycle) in a parking stall approved for motor cycles\n100\n77 6.3 Failure to comply with a lawful direction of an authorised\nperson\n100\n78 6.4 Failure to leave local government property when lawfully\ndirected to do so by an authorised person\n100\n79 6.5(2) Removing or interfering with a lawful mark on a tyre 100\n80 6.6 Removing a notice on a vehicle 100\n81 6.8(1) Leaving a vehicle in a public place or thoroughfare so as to\ncause an obstruction\n100\n82 All other offences not specified 100\n\n2960 GOVERNMENT GAZETTE, WA 16 September 2020\n11. Schedules 3 to 5 amended\nIn Schedules 3 to 5—\n(i) The title of Schedule 3 is amended to ‘Schedule 3—Forms’;\n(ii) The words ‘Schedule 4’ and ‘Schedule 5’ are deleted wherever they appear; and\n(iii) In Forms 2 and 3, the following is inserted after ‘Registration ____________________’—\nColour: ___________________________\n————\nDated 28 August 2020.\nThe Common Seal of the Shire of East Pilbara was affixed by authority of a resolution of the Council\nin the presence of—\nCr LYNNE CRAIGIE OAM, President.\nJEREMY EDWARDS, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The amendments materially alter administrative scope and regulatory detail rather than merely correcting wording. Notable scope changes: cemetery tenure set to 25 years (Cemeteries cl.2.4), formalised funeral‑director licences and single‑funeral permits (cl.4.2, cl.4.6), stricter identification procedure for remains (cl.3.3) and a near‑blanket prohibition on animals in cemeteries except assistance animals or CEO approval (cl.8.1). The Dogs Local Law repeals the 2011 law and establishes a comprehensive kennel licensing and technical standard regime (Part 3; Schedule 2), increasing regulatory reach over commercial and domestic keepers. Fencing amendments shift decision‑makers to authorised persons appointed under the Building Act (Fencing cl.4), and Parking changes redefine disability permit handling and recast the list of prescribed offences and forms (Parking cl.5, cl.6, Schedule 2). These changes expand procedural duties and compliance costs for affected private parties and concentrate enforcement discretion at local government/CEO level."},"complexity_factors":["Multiple separate instruments amended in one package (Cemeteries, Dogs, Fencing, Parking), increasing cross‑reference load.","Cross‑references to state Acts and regulations (Local Government Act 1995, Cemeteries Act 1986, Dog Act 1976, Disability Discrimination Act 1992, Building Act 2011 and Parking Regulations), requiring interpretation across texts.","New and detailed administrative procedures and application requirements (e.g. cemetery grants cl.2.4; funeral director licences cl.4.2; kennel licence application requirements cl.3.2).","Technical operational standards for approved kennels with precise measurements and construction rules (Schedule 2 to Dogs Local Law).","Delegation and discretion points concentrated at local government/CEO level (approvals, conditions, exemptions — e.g. CEO approval for animals in cemeteries cl.8.1; licence variations and cancellations cl.3.13).","Deletion of many schedules and replacement of forms (Cemeteries schedules 4–17 deleted; Parking schedules amended), creating transitional/documentation uncertainty.","Uniform low modified penalty level ($100) for many parking and dog offences but wide catalogue of specified offences (Parking Schedule 2; Dogs Schedule 3), requiring enforcement calibration.","Procedural obligations imposing compliance costs on private actors (statutory declarations, advertising and notice requirements for kennel licences cl.3.3–3.5)."],"plain_english_summary":"These amendments update local laws for cemeteries, dogs, fencing and parking in the Shire of East Pilbara. Mechanically they set cemetery grants at 25 years, formalise funeral‑director licences and identification procedures, and restrict animals in cemeteries to assistance animals unless the CEO approves (Cemeteries cl.2.4, 3.3, 4.2, 8.1). The Dogs law replaces the 2011 rules with confinement requirements, dog‑number limits and a detailed kennel‑licence regime (Dogs cl.2.1, 2.2, Part 3).\n\nWho is affected: funeral directors, cemetery users, dog owners and kennel operators, property occupiers, drivers. They pay application and licence fees, meet technical standards and face upgraded enforcement and discretionary approvals by the local government/CEO."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains within its original scope. The Cemeteries and Parking amendments are technical updates and modernisations. The Dogs Local Law is a replacement but covers the same regulatory ground as its 2011 predecessor (dog control, licensing, and confinement). The Fencing amendment is a minor administrative change to enforcement roles. None have expanded into new policy areas beyond their original purposes."},"complexity_factors":["Four distinct local laws bundled in one Gazette publication, each with different subject matters and amendment styles","Cemeteries law contains nested exceptions (clause 3.3: identification rules with two exception categories, each triggering alternative certification requirements)","Dogs law includes detailed technical specifications in Schedule 2 (kennel construction standards with 18 specific conditions including mathematical formulas for floor area calculations)","Extensive cross-referencing to external legislation (Dog Act 1976, Cemeteries Act 1986, Local Government Act 1995, Building Act 2011, Disability Discrimination Act 1992, Dog Regulations 2013, Local Government (Parking for People with Disabilities) Regulations 2014)","Multiple amendment mechanisms: replacement of entire clauses, deletion and replacement of subclauses, and textual substitutions (e.g., 'Building Surveyor' to 'authorised person')","Parking law contains 82 itemised offences in tabular format with specific measurements (distances in metres) and conditional requirements","Dogs law creates layered regulatory structure: general confinement rules → numerical limits → kennel licensing regime with planning integration → enforcement provisions with modified penalties"],"plain_english_summary":"Four August 2020 local laws for the Shire of East Pilbara update rules on cemeteries, dogs, fencing and parking. They set a 25‑year burial grant term, tighten identification and funeral‑director requirements, impose dog‑confinement and kennel/licensing limits, replace a building‑role reference with “authorised person,” and modernise parking permits, offences and fines.\n\nThese changes affect residents, property owners, funeral directors, dog breeders and motorists across the Shire and streamline everyday legal obligations and enforcement."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-east-pilbara-cemeteries-amendment-local-law-2020","history":"/api/acts/shire-of-east-pilbara-cemeteries-amendment-local-law-2020/history","analysis":"/api/acts/shire-of-east-pilbara-cemeteries-amendment-local-law-2020/analysis","conflicts":"/api/acts/shire-of-east-pilbara-cemeteries-amendment-local-law-2020/conflicts","importantCases":"/api/acts/shire-of-east-pilbara-cemeteries-amendment-local-law-2020/important-cases","documents":"/api/acts/shire-of-east-pilbara-cemeteries-amendment-local-law-2020/documents"}}