{"id":"wa-local:kojonup-shire-of-shire-of-kojonup-parking-local-law-2022","name":"Shire of Kojonup Parking Local Law 2022","slug":"shire-of-kojonup-parking-local-law-2022","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438324,"registerId":"wa-local:kojonup-shire-of-shire-of-kojonup-parking-local-law-2022-pdf-1775954800464","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of Kojonup Parking Local Law 2022","content":"5029\nISSN 2204-4264 (online)\nPERTH, MONDAY, 31 OCTOBER 2022 No. 154 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nSHIRE OF KOJONUP\n_________\nLOCAL GOVERNMENT ACT 1995\nCAT ACT 2011\n———————————\nCAT LOCAL LAW 2022\n_________\nLOCAL GOVERNMENT ACT 1995\n———————————\nPARKING LOCAL LAW 2022\n———————————\n\n\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5031\nLOCAL GOVERNMENT ACT 1995\nCAT ACT 2011\nSHIRE OF KOJONUP\nCAT LOCAL LAW 2022\nTABLE OF CONTENTS\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Definitions\nPART 2—IMPOUNDING OF CATS\n2.1 Impounded cats\nPART 3—KEEPING OF CATS\n3.1 Keeping of cats in non-residential zones\n3.2 Limitation on the number of cats\n3.3 Cats for which a permit is required\n3.4 Permits not required\n3.5 Application for permit\n3.6 Decision on application\n3.7 Factors relevant to determination of application\n3.8 Cats creating a nuisance\n3.9 Abandonment of cats\nPART 4—PERMITS FOR KEEPING OF CATS\n4.1 Conditions applicable to all permits\n4.2 Additional conditions for other than cat management facility\n4.3 Additional conditions for cat management facility\n4.4 Additional conditions for approved cat breeders\n4.5 Duration of permit\n4.6 Permit not transferable\n4.7 Renewal of permit\n4.8 Revocation of permits\nPART 5—CATS IN PUBLIC PLACES\n5.1 Places where cats are prohibited absolutely\nPART 6—MISCELLANEOUS\n6.1 Fees and charges\n6.2 Giving of a notice\n6.3 Objection and appeal rights\nPART 7—ENFORCEMENT\n7.1 Offences\n7.2 General penalty\n7.3 Modified penalties\n7.4 Issue of infringement notice\n7.5 Withdrawal of infringement notice\n\n5032 GOVERNMENT GAZETTE, WA 31 October 2022\nSchedule 1—Application for a licence for cat management facility or cat breeder\nSchedule 2—Conditions of a permit for an approved cat management facility\nSchedule 3—Modified penalties\nSchedule 4—Cat prohibited areas\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5033\nLOCAL GOVERNMENT ACT 1995\nCAT ACT 2011\nSHIRE OF KOJONUP\nCAT LOCAL LAW 2022\nUnder the powers conferred by the Local Government Act 1995 and the Cat Act 2011 and under all\nother powers enabling it, the Council of the Shire of Kojonup resolved on the 21st day of June 2022 to\nmake the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Kojonup Cat Local Law 2022.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Cat Act 2011;\nApplicant means the occupier of premises who makes application for a permit under this local\nlaw;\nApproved cat breeder has the meaning given to it by section 3(1) of the Act;\nCat has the meaning given to it by section 3(1) of the Act; but does not include the young of a cat\nnormally kept on the premises less than 6 months old;\nCat management facility has the meaning given to it by section 3(1) of the Act, and includes a\ncattery;\nCattery means any premises where more than two cats are boarded, housed or trained temporarily,\nusually for profit, and where the occupier of the premises is not the ordinary keeper of the cats;\nCommercial lot means a lot zoned under a local planning scheme as—\n(a) central business; or\n(b) service commercial,\nCEO means the Chief Executive Officer of the local government;\nCouncil means the Council of the local government;\nDistrict means the district 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.\nEnclosed public space means a public place which is enclosed by walls, whether solid materials\nor glass, and includes attached or adjoining areas not permitted to the public, unless airflow\nbetween the areas is prevented, but does not include a cat management facility or veterinary\nclinic or hospital; industrial lot means a lot zoned under a local planning scheme as industry;\nKeeper in relation to a cat means any of the following persons—\n(a) the owner of the cat as defined in the Act;\n(b) a person by whom the cat is ordinarily kept;\n(c) a person who has or appears to have immediate custody or control of the cat;\n(d) a person who keeps the cat, or has the cat in her or his possession for the time being;\n(e) a person who occupies any premises in which a cat is ordinarily kept or ordinarily\npermitted to live;\n(f) a permit holder of a permit which relates to the cat;\n(g) the holder of an exemption issued in relation to the cat;\nLocal Government means the Shire of Kojonup;\nLocal planning scheme means a planning scheme of the local government made under the\nPlanning and Development Act 2005;\nLocal public notice has the meaning given to it by section 1.7 of the Local Government Act 1995;\n\n5034 GOVERNMENT GAZETTE, WA 31 October 2022\nPermit means a permit issued by the local government under clause 3.5 of this local law;\nPermit holder means a person who holds a valid permit granted under this local law;\nPremises includes the following—\n(a) land, whether or not vacant;\n(b) the whole or part of a building or structure whether of a permanent or temporary nature;\nand\n(c) a vehicle.\nPublic place has the meaning given to it by section 3(1) of the Act;\nRSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western\nAustralia;\nSchedule means a schedule to this local law;\nSet fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of\nthe Local Government Act 1995.\nPART 2—IMPOUNDING OF CATS\n2.1 Impounded cats\n(1) The local government may determine from time to time—\n(a) the times when a cat management facility will be open for the reception and release of cats;\n(b) times for the sale of cats from the cat management facility; and—\n(2) The local government is to keep a proper record of impounded cats.\n(3) The record is to contain the following information about each impounded cat—\n(a) if known the breed and sex of the cat;\n(b) the colour, distinguishing markings and features of the cat;\n(c) if known, the name and address of the owner;\n(d) the date and time of seizure and impounding;\n(e) the name and address of the authorised person who impounded the cat and, if applicable, the\nperson who delivered a cat for impounding;\n(f) the reason for the impounding;\n(g) a note of any order made by an authorised person relating to the cat; and\n(h) the date of the sale, release or destruction of the cat.\n(4) The record is to be available for inspection by the public.\n(5) A person shall not—\n(a) unless the person is the owner of the cat management facility, or an authorised person, release\nor attempt to release a cat from a cat management facility;\n(b) destroy, break into, damage or in any other way interfere with or render not cat proof a cat\nmanagement facility; or\n(c) destroy, break into, damage, or in any other way interfere with any container used for the\npurpose of catching, holding or conveying cats which have been seized.\n(6) A cat must not be release to a person until the person obtains the necessary permit or the cat is\nregistered where—\n(a) a person wishes to reclaim a cat within the period stated in a notice of impounding; and\n(b) a permit is required for the keeping of the cat, but the person does not have the necessary\npermit and/or the cat is not registered.\nPART 3—KEEPING OF CATS\n3.1 Keeping of cats in non-residential zones\nThe keeping of cats is not permitted on a commercial or industrial lot unless—\n(a) associated with an occupied attached residence or caretaker’s residence; or\n(b) is an approved cat management facility.\n3.2 Limitation on the number of cats\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 cat breeder or cat management facility;\nor\n(b) granted an exemption under regulation 7 of the Cat (Uniform Local Provisions)\nRegulations 2013.\n(2) The standard number of cats which may be kept on any premises is, for the purpose of regulation 6\nof the Cat (Uniform Local Provisions) Regulations 2013—\n(a) two cats over the age of six months and the young of those cats under that age if the premises\nare zoned other than for the purposes of general agriculture under a local planning scheme; or\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5035\n(b) four cats over the age of six months and the young of those cats under that age if the premises\nare zoned for the purposes of general agriculture under a local planning scheme.\n3.3 Cats for which a permit is required\nSubject to clause 3.4 an occupier is required to have a permit to—\n(a) keep more than two cats over the age of six months and the young of those cats under that age\nif the premises are zoned other than for the purposes of general agriculture under a local\nplanning scheme;\n(b) keep more than four cats over the age of six months and the young of those cats under that age\nif the premises are zoned for the purposes of general agriculture under a local planning scheme.\n(c) use any premises as a cat management facility; or\n(d) be an approved cat breeder.\n3.4 Permits not required\nA permit is not required under clause 3.3 if the premises concerned are—\n(a) a refuge of the RSPCA or of any other animal welfare organisation;\n(b) a veterinary surgery;\n(c) a pet shop;\n(d) premises with two or less cats; or\n(e) the subject of an exemption granted by the local government.\n3.5 Application for permit\nAn application for a permit under clause 3.3 shall be—\n(a) made by an occupier of the premises where the cats are to be kept;\n(b) if for a cat management facility, in the form of Schedule 1 and accompanied by the plans of the\npremises to which the application relates to the satisfaction of the local government;\n(c) if for a cat breeder, in the form of Schedule 1;\n(d) accompanied by the consent in writing of the owner of the premises, where the occupier is not\nthe premises to which the application relates; and\n(e) accompanied by the set fee.\n3.6 Decision on application\n(1) The local government may, upon payment of the set fee—\n(a) approve an application for a permit subject to the conditions outlined in clauses 4.1, 4.2, 4.3 or\n4.4; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application under subclause (1), then it shall issue to the\napplicant approval in writing.\n(3) If the local government refuses to approve an application under subclause (1), then it is to advise\nthe applicant accordingly in writing.\n3.7 Factors relevant to determination of application\n(1) In determining an application for a permit the local government may have regard to—\n(a) the physical suitability of the premises for the proposed use;\n(b) the suitability of the local planning scheme zoning of the premises for the proposed use;\n(c) the environmental sensitivity and general nature of the location surrounding the premises for\nthe proposed use;\n(d) the structural suitability of any enclosure in which any cat is to be kept;\n(e) the likelihood of a cat causing nuisance, inconvenience, or annoyance to the occupiers of\nadjoining land;\n(f) the likely effect on the amenity of the surrounding area of the proposed use;\n(g) the likely effect on the local environment including any pollution or other environmental\ndamage which may be caused by the proposed use;\n(h) any submissions received under subclause (2) within the time specified; and\n(i) such other factors which the local government may consider to be relevant in the\ncircumstances of the particular case.\n(2) The local government may require an applicant to—\n(a) consult with adjoining landowners;\n(b) advise the adjoining landowners that they may make submissions to the local government on\nthe application for the permit within 14 days of receiving that advice, before determining the\napplication for the permit; and\n(c) give local public notice of the proposal.\n3.8 Cats creating a nuisance\n(1) The keeper of a cat shall not allow a cat to create a nuisance.\n\n5036 GOVERNMENT GAZETTE, WA 31 October 2022\n(2) Where, in the opinion of an authorised officer, a cat is creating a nuisance, the local government\nmay give written notice to the keeper 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 on the notice or until the notice is withdrawn by\nthe local government.\n(4) A person given a notice to abate the nuisance shall comply with the notice within the period specified\nin the notice.\n3.9 Abandonment of cats\nThe keeper of a cat shall not in any instance—\n(a) abandon a cat; or\n(b) leave a cat on premises while the premises are temporarily vacant, without daily arrangements\nfor the care and welfare of the cats.\nPART 4—PERMITS FOR KEEPING OF CATS\n4.1 Conditions applicable to all permits\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 be registered under 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) such other conditions, as the local government considers appropriate.\n(2) In addition to the conditions subject to which a permit is to be issued under subclause (1), a permit\nmay be issued subject to other conditions, as the local government considers appropriate.\n4.2 Additional conditions for other than cat management facility\nWhere an application to keep more than two cats is approved under clause 3.6 for other than a cat\nmanagement facility, the following conditions apply—\n(a) compliance with clause 4.1;\n(b) In the case of a multiple dwelling, where there is no suitable dividing fence, the written consent\nto the application for a permit of the occupier of the adjoining multiple dwellings has been\nobtained; and\n(c) Without the consent of the local government, the permit holder will not substitute or replace\nany cat once that cat—\n(i) dies; or\n(ii) is permanently removed from the premises.\n4.3 Additional conditions for cat management facility\n(1) The local government may approve an application under clause 3.6 for a cat management facility\nthe following conditions apply—\n(a) compliance with clause 4.1; and\n(b) compliance with Schedule 2.\n(2) In respect of a particular application for a permit, the local government may vary any of the\nconditions contained in Schedule 2.\n(3) A cat management facility may be inspected by an authorised officer to ensure compliance with the\nconditions of the permit.\n4.4 Additional conditions for approved cat breeders\n(1) Where a permit is approved under clause 3.6 as an approved cat breeder the following conditions\napply—\n(a) compliance with clause 4.1;\n(b) compliance with clause 4.2;\n(c) compliance with Schedule 2(4)(c) to (g) both inclusive;\n(2) The fee for an approved cat breeder is as specified in Schedule 3 to the Cat Regulations 2012.\n4.5 Duration of permit\nUnless otherwise specified in a condition on a permit, a permit for a cat management facility or as an\napproved cat breeder granted under clause 3.2(b) or (c), commences on the date of issue and is valid for\na period of 12 months from the date of issue unless and until—\n(a) it is revoked; or\n(b) the permit holder ceases to reside at the premises to which the permit relates.\n4.6 Permit not transferable\nA permit is not transferable either in relation to the permit holder or the premises.\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5037\n4.7 Renewal of permit\n(1) The local government may renew approval for a cat management facility or as an approved cat\nbreeder granted under clause 3.2(b) or (c) upon—\n(a) payment of the set fee; and\n(b) certification by the occupier that the circumstances of the original application are unchanged.\n(2) Where circumstances of the original application have changed, the application for renewal is to be\nconsidered an initial application.\n4.8 Revocation of permits\n(1) A permit may be revoked by the local government if there is a breach of any condition of that permit\nor if the permit holder is convicted of a breach of any provision of this local law.\n(2) On revocation of a permit the permit holder is to be taken to have forfeited any set fees paid in\nrespect of the permit.\nPART 5—CATS IN PUBLIC PLACES\n5.1 Cat prohibited areas\n(1) A cat shall not be in the places specified in Schedule 4 at any time, whether or not under effective\ncontrol.\n(2) If a cat is in a Cat Prohibited Area in contravention of subclause (1), then the owner of the cat\ncommits an offence unless the owner of the cat has first obtained written authorisation from the local\ngovernment.\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 Giving of a notice\nA notice given under this local law may be given to a person—\n(a) personally;\n(b) by registered mail addressed to the person; or\n(c) by leaving it for the person at her or his address.\n6.3 Objection 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 to or appeal against the\ndecision under Division 1 of Part 9 of the Local Government Act 1995.\nPART 7—ENFORCEMENT\n7.1 Offences\nAny 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\nAny person who commits an offence shall be liable, upon conviction, to a penalty not exceeding $5,000,\nand if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or\npart of a day during which the offence has continued.\n7.3 Modified penalties\n(1) An offence against a clause specified in Schedule 3 is a prescribed offence for the purposes of section\n84 of the Act.\n(2) The amount of the modified penalty for a prescribed offence is set out in the fourth column adjacent\nto the clause in Schedule 3.\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 substantially in\nthe form of Form 6 of the Schedule 1 of the Cat Regulations 2012.\n7.5 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 substantially in the form of Form 7 of the Schedule 1 of the Cat\nRegulations 2012.\n(2) A person authorised to issue an infringement notice under clause 7.4 cannot sign a notice of\nwithdrawal.\n————\n\n5038 GOVERNMENT GAZETTE, WA 31 October 2022\nSchedule 1—Application for a licence for cat management facility or cat breeder\n[cl. 3.5]\nShire of Kojonup\nI/We (full name/s)—\nPostal Address—\nTelephone Number—\nMobile Number—\nFax Number—\nEmail address—\nAPPLY FOR A\nLICENCE\nUnder clause 3.3(c) for cat management facility\nUnder clause 3.3(d) as cat breeder\nAddress of proposed\npremises –\nCAT MANAGEMENT FACILITY\nFor number of cats –\nAttached are –\na site plan of the premises showing the location of the cat\nmanagement facility and all other buildings and structures\nand fences;\nplans and specifications of the proposed cat management\nfacility.\nCAT BREEDER\nFor number of cats—\nBreed of cats –\nAttached are –\n(a) copy of notice of proposed use to appear in newspaper; (if\nrequired)\n(b) copy of notice of proposed use to be given to adjoining\npremises; (if required)\nSignature of\napplicant/s\nDate –\nNOTE—a licence will have effect for a period of 12 months if issued\nOFFICE USE ONLY Application fee paid on—\nReceipt No –\n————\nSchedule 2—Conditions of a permit for an approved cat management facility\n[cl. 4.3]\nShire of Kojonup\nAn application for a permit for an approved cat management facility may be approved subject to the\nfollowing conditions—\n(1) Compliance with the conditions of clause 4.1.\n(2) Buildings and structures—\n(a) All building enclosures must be structurally sound, have impervious flooring, be well lit and\nventilated and otherwise comply with all legislative requirements.\n(b) There is to be a feed room, wash area, isolation cages and maternity section.\n(c) Materials used in structures are to be approved by the local government.\n(d) The internal surfaces of walls are to be smooth, free from cracks, crevices and other defects,\nwhere possible.\n(e) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to\ncorrosion and constructed to prevent the harbourage of vermin.\n(f) Washing basins and running hot and cold water are to be available.\n(g) The walls shall be rigid, impervious and structurally sound;\n(h) The roof shall be constructed of approved impervious materials;\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5039\n(i) All untreated external surfaces of cattery shall be well maintained and aesthetically suitable\nas not to detract from the local environment and amenity.\n(j) Each module and every part thereof shall not be at any less distance than nine metres from\nthe boundaries of the land in the occupation of the owner of the cat management facility;\n(k) Each module and each yard and every part thereof shall be behind the house line.\n(l) Any other matter which in the opinion of the local government is deemed necessary for\nwellbeing of any person, or adjoining premises or the amenity of the area (or any part thereof).\n(3) Walk-in modules and enclosures—\n(a) Cats shall be housed in walk-in modules that include a sleeping compartment and an exercise\narea or in colony pens.\n(b) Walk-in modules must have a minimum floor area of 1.5 square metres and contain at least\ntwo levels including raised sleeping quarters.\n(i) This size is for one cat only and an additional one square metre floor space is required\nfor a second cat.\n(ii) No more than two cats may be housed together in this type of accommodation.\n(c) Cats may be multiple housed in colony pens.\n(i) Each cat shall have a floor area of two square metres plus an individual sleeping area.\n(ii) Only desexed compatible cats should be housed in this type of accommodation;\n(d) The lowest internal height shall be at least 1.65 metres from the floor;\n(e) Each yard shall be securely fenced and kept securely fenced with a fence not less than 1.65\nmetres in height constructed of galvanised iron, wood, galvanised link mesh or netting;\n(f) All doors shall be provided with proper catches or means of fastening;\n(g) The upper surface of the floor shall be set at least 75mm above the surface of the surrounding\nground and shall be constructed of granolithic cement finished to a smooth surface, it shall\nhave a fall of not less than 1 in 100.\n(h) All modules and yards shall be surrounded by a drain which shall be properly laid, ventilated\nand trapped, and all floor washings shall be disposed of in accordance with the Health\nrequirements of the local government; and\n(i) The floor of any yard shall be established and maintained to ensure a safe and hygienic\nenvironment.\n(4) Management—\n(a) Cats must be housed singly except in the case of compatible cats from the same household with\nthe written agreement of the keeper.\n(b) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to\nminimise disease.\n(c) No sick or ailing cat is to be kept on the premises.\n(d) The maximum number of cats to be kept on the premises stated on the permit is not to be\nexceeded.\n(e) An register is to be kept recording in respect of each cat or kitten, the—\n(i) date of admission or birth if a kitten;\n(ii) date of departure, sale or transfer;\n(iii) breed, age, colour and sex;\n(iv) the cat or kitten’s microchip number; and\n(v) the name and residential address of the keeper;\n(f) The register is to be made available for inspection on the request of an authorised person.\n(g) Any other matter which in the opinion of the local government is deemed necessary for the\nhealth and wellbeing of any cat, or person, or adjoining premises or the amenity of the area.\n————\nSchedule 3—Modified penalties\n[cl.7.3]\nItem Clause Nature of offence Modified\npenalty\n1 2.1(5)(a) Unauthorised release or attempted release of a cat 500\n2 2.1(5)(b) Interference with a pound 500\n3 2.1(5)(c) Interference with cage or container for seized cats 500\n4 3.1 Keeping a cat in a non-residential zone 200\n5 3.3(a) Keeping more than two cats without a permit 200\n6 3.3(c) Failure to hold permit as a cat management facility 500\n\n5040 GOVERNMENT GAZETTE, WA 31 October 2022\nItem Clause Nature of offence Modified\npenalty\n7 3.3(d) Failure to hold permit as approved cat breeder 500\n8 3.9(1) Cat creating a nuisance 200\n9 3.9(4) Failure to comply with notice to abate a nuisance 200\n10 2.1(5)(a) Unauthorised release or attempted release of a cat 500\n11 2.1(5)(b) Interference with a pound 500\n12 2.1(5)(c) Interference with cage or container for seized cats 500\n13 3.1 Keeping a cat in a non-residential zone 200\n14 3.3(a) Keeping more than two cats without a permit 200\n15 3.3(b) Failure to hold permit as a cat management facility 500\n16 3.3(c) Failure to hold permit as approved cat breeder 500\n17 3.8(1) Cat creating a nuisance 200\n18 3.8(4) Failure to comply with notice to abate a nuisance 200\n19 3.9(a) Abandonment of a cat 500\n20 3.9(b) Failure to make adequate arrangement while temporarily\nabsent 200\n21 4.1 Failure to comply with conditions for all permits 200\n22 4.2 Failure to comply with conditions of permit for other than a cat\nmanagement facility 200\n23 4.3 Failure to comply with conditions of permit for cat\nmanagement facility 500\n24 4.4 Failure to comply with conditions of permit for approved cat\nbreeder 500\n25 5.2 Cat in a place where prohibited 200\n26 7.1 All other offences not specified 200\n————\nSchedule 4—Cat prohibited areas\n[Clause 5.1]\nPlaces where cats are prohibited:\nCommon Name Physical Boundaries Description\nMyrtle Benn Flora and Fauna\nSanctuary\nTunney Road—Solider Road All bushland within physical\nboundaries\nFarrar Nature Reserve Boyup Brook—Kojonup Road\nKojonup—Frankland Road\nAll bushland within physical\nboundaries\n————\nDated 21st of June 2022.\nThe common Seal of the Shire of Kojonup was affixed by authority of a resolution of the Council in the\npresence of—\nNED RADFORD, Shire President.\nGRANT THOMPSON, Chief Executive Officer.\n———————————\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5041\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF KOJONUP\nPARKING LOCAL LAW 2022\nTABLE OF CONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Definitions\nPART 2—ADMINISTRATION\n2.1 Powers of the local government\n2.2 Thoroughfares under control of Commissioner of Main Roads\n2.3 Parking not under the control of the local government\n2.4 Classes of motor vehicles\nPART 3—PARKING THROUGHOUT THE DISTRICT\nDIVISION 1—DISTRICT GENERALLY\n3.1 Application of Part 3\n3.2 Parking for people with disabilities\n3.3 Parking motor vehicle on a carriageway\n3.4 Parking near a railway level crossing\n3.5 Parking on reserves\n3.6 General prohibitions on parking\n3.7 Restrictions on parking in particular areas\n3.8 Motor vehicles not to obstruct a thoroughfare or public place\n3.9 Authorised person may order motor vehicle on thoroughfare to be moved\n3.10 Suspension of parking limitations for urgent, essential or official duties\nDIVISION 2—NO PARKING AND NO STOPPING\n3.11 No parking\n3.12 No stopping\n3.13 Application of particular definitions\nDIVISION 3—STOPPING IN PARTICULAR CIRCUMSTANCES\n3.14 Stopping near an obstruction\n3.15 Stopping on a bridge, etc.\n3.16 Stopping on crests, curves, etc.\n3.17 Stopping near a fire hydrant etc\n3.18 Obstructing access to and from a path, driveway, etc.\nDIVISION 4—SIGNS\n3.19 Part of thoroughfare to which sign applies\n3.20 Pre-existing signs\n3.21 Signs must be complied with\n3.22 Unauthorised signs and defacing of signs\n3.23 General provisions about signs\nDIVISION 5—ZONES FOR PARTICULAR MOTOR VEHICLES\n3.24 Stopping in a loading zone\n3.25 Stopping in a taxi zone or a bus zone\n3.26 Stopping in a shared zone\n3.27 Other limitations in zones\n\n5042 GOVERNMENT GAZETTE, WA 31 October 2022\nPART 4—PARKING IN BUILT-UP AREAS\nDIVISION 1—BUILT-UP AREAS GENERALLY\n4.1 Application of Part 4\n4.2 No parking of motor vehicles exposed for sale and other circumstances\n4.3 Parking on a carriageway with heavy and long motor vehicles\n4.4 Double parking\n4.5 Event Parking\nDIVISION 2—PARKING BAYS, PARKING LANES, AND PARKING FACILITIES\n4.6 Motor vehicles to be within parking bays or parking lanes on thoroughfare\n4.7 Parking prohibitions and restrictions\n4.8 Angle parking\nDIVISION 3—STOPPING IN PARTICULAR CIRCUMSTANCES\n4.9 Stopping at or near a bus stop\n4.10 Stopping on a path, median strip, or traffic island\n4.11 Stopping on verge\n4.12 Stopping on a carriageway with motor cycle parking sign\n4.13 Stopping on a carriageway with a bicycle sign\nPART 5—PARKING IN TIMED ZONES\n5.1 Application of Part 5\n5.2 Timed parking\n5.3 Authorised person may mark tyres\n5.4 No movement of motor vehicles to avoid time limitation\nPART 6—MISCELLANEOUS\n6.1 Removal of notices on motor vehicle\n6.2 Emergency and special purpose motor vehicles\n6.3 Removal and impounding of motor vehicles\n6.4 Notice to owner of motor vehicle involved in offence\nPART 7—ENFORCEMENT\n7.1 Legal proceedings\n7.2 Offences\n7.3 General penalty\n7.4 Modified penalties\n7.5 Issue of infringement notice\n7.6 Withdrawal of infringement notice\nSchedule 1—Notification of an impounded Motor Vehicle\nSchedule 2—Infringement notice and notice requiring owner of motor vehicle to identify\nmotor vehicle\nSchedule 3—Prescribed offences\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5043\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF KOJONUP\nPARKING LOCAL LAW 2022\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling it,\nthe Council of the Shire of Kojonup resolved on the 21st day of June 2022 to make the following local\nlaw.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Kojonup Parking Local Law 2022.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nNil.\n1.5 Definitions\n(1) In this local law unless the context otherwise requires—\nAct means the Local Government Act 1995;\nAuthorised person means a person authorised by the local government to perform any of the\nfunctions of an authorised person under this local law;\nAuthorised motor vehicle means a motor vehicle authorised by the local government, CEO,\nauthorised person or by any written law to stop or park on a thoroughfare or on a parking\nfacility;\nBicycle has the meaning given to it by the Code;\nBicycle path has the meaning given to it by the Code;\nBuilt-up area means the areas under a local planning scheme, including both sides of\nthoroughfares immediately adjoining, zoned as—\n(a) central business;\n(b) service commercial;\n(c) residential; and\n(d) rural townsite.\nBus stop has the meaning given to it by the Code;\nBus zone has the meaning given to it by the Code;\nCaravan has the meaning given to it by section 5 of the Caravan Parks and Camping Grounds\nAct 1995;\nCarriageway has the meaning given to it by the Code;\nCentre in relation to a carriageway, has the meaning given to it by the Code;\nCEO means the Chief Executive Officer of the local government;\nChildren’s crossing has the meaning given to it by the Code;\nCode means the Road Traffic Code 2000;\nCommercial motor vehicle—\n(a) means a motor vehicle constructed for the conveyance of goods or merchandise, or for the\nconveyance of materials used in any trade, business, industry or work whatsoever, other\nthan a motor vehicle for the conveyance of passengers; and\n(b) includes any motor vehicle that is designed primarily for the carriage of persons, but\nwhich has been fitted or adapted for the conveyance of the goods, merchandise or\nmaterials referred to, and is in fact used for that purpose;\nContinuous dividing line has the meaning given to it in the Code;\nDisability parking permit has the meaning given to it by the Local Government (Parking for\nPeople with Disabilities) Regulations 2014;\nDisabled parking bay means a part of a parking facility or carriageway which is identified or\nmarked by painted lines, symbols, inscriptions or signs as a bay for the parking of motor\nvehicles driven by or carrying a disabled person;\nDistrict means the district of the local government;\nDriver means any person driving or in control of a motor vehicle;\n\n5044 GOVERNMENT GAZETTE, WA 31 October 2022\nEdge line has the meaning given to it by the Code—\nEmergency motor vehicle has the meaning given to it by the Code;\nFootpath has the meaning given to it by the Code;\nGVM or “gross motor vehicle mass” has the meaning given to it by the Road Traffic (Motor vehicles)\nAct 2012;\nHeavy motor vehicle has the meaning given to it by the Code;\nInfringement notice means the notice referred to in clause 7.5;\nKeep clear area means a portion of a carriageway that lies—\n(a) between 2 consecutive signs inscribed with the words “KEEP CLEAR” and each with an\narrow pointing generally towards the other; or\n(b) between a sign inscribed with the words “KEEP CLEAR” and whichever of the following\nthat lies in the general direction indicated by an arrow inscribed on the sign—\n(i) the end of the carriageway; or\n(ii) an area in which stopping is prohibited; or\n(iii) the furthest point of “KEEP CLEAR” markings.\nKeep clear marking has the meaning given to it by the Code;\nKerb means the constructed border or edge of the portion of a road paved for the use of vehicular\ntraffic where any constructed border exists at the edge of the paved road and whether any\nfootpath has been constructed or not;\nlevel crossing has the meaning given to it by the Code;\nloading zone has the meaning given to it by the Code;\nlocal government means the Shire of Kojonup;\nlocal planning scheme means a local planning scheme and includes any structure plan adopted\nor approved by the local government made under the Planning and Development Act 2005;\nMedian strip has the meaning given to it by the Code;\nMotor cycle has the meaning given to it by the Code;\nMotor vehicle has the meaning given to it in the Road Traffic (Administration) Act 2012, but does\nnot include a motorised scooter; and\nMotorised scooter has the meaning given to it by the Code, and includes a motorised wheelchair\nthat is designed so as to be not capable of a speed exceeding 10 km/h;\nNature strip has the meaning given to it in the Code\nNo parking area has the meaning given to it in the Code;\nNo parking sign means—\n(a) a sign with the words “no parking” in red letters on a white background, or\n(b) the letter “P” within a red annulus and a red diagonal line across it on a white\nbackground;\nNo stopping area has the meaning given to it in the Code;\nNo stopping sign means a sign with—\n(a) the words “no stopping” or “no standing” in red letters on a white background;\n(b) the words “no stopping” or “no standing” in white letters on a red background; or\n(c) the letter “S” within a red annulus and a red diagonal line across it on a white\nbackground;\nNotice of withdrawal means the notice referred to in clause 7.6(1).\nOccupier has the meaning given to it in section 1.4 of the Act;\nOwner where used in relation to—\n(a) a motor vehicle licensed under the Road Traffic (Motor vehicles) Act 2012, means the\nperson in whose name the motor vehicle has been registered under the Road Traffic\n(Motor vehicles) Act 2012;\n(b) any other motor vehicle, means the person who owns, or is entitled to possession of that\nmotor vehicle; and\n(c) land, has the meaning given to it in section 1.4 of the Act;\nPark has the meaning given to it by the Code;\nParking area has the meaning given to it by the Code;\nParking bay and Parking lane means a section or part of a thoroughfare or of a parking station\nwhich is marked or defined by painted lines, metallic studs, coloured bricks or pavers or similar\ndevices for the purpose of indicating where a motor vehicle may be parked;\nParking control sign has the meaning given to it by the Code;\nParking facilities includes—\n(a) land, buildings, shelters, places, parking bays, parking lanes and other facilities open to\nthe public generally for the parking of motor vehicles with or without charge; and\n(b) signs, notices and facilities used in connection with the parking of motor vehicles;\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5045\nPath has the meaning given to it in the Code;\nPedestrian crossing has the meaning given to it by the Code;\nPublic bus has the meaning given to it by the Code, and includes a school bus in the performance\nof its duties;\nPublic place means any place to which the public has access whether or not that place is on private\nproperty;\nReserve means any land—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997; or\n(c) which is an otherwise unvested facility within section 3.53 of the Land Administration\nAct 1997;\nRight of way means a thoroughfare separating two portions of land by a public reserve, road,\nlaneway, pedestrian access way, and includes the access leg of a battle-axe lot or the equivalent\nnot more than 6m in width;\nRoad includes a highway, road, lane, thoroughfare, carriageway or similar place, or part thereof,\nwhich is within the parking region of the local government, which the public are allowed to use\nand includes every part of the highway, lane, thoroughfare or similar place and other things\nincluding bridges and culverts appurtenant there to and includes all of the land lying between\nthe property lines including the road verge and footpath;\nSchedule means a Schedule to this local law;\nSchool bus means a motor vehicle that is used solely or principally for the carriage of children to\nand from school, and is equipped to seat 8 or more persons, including the driver;\nShared zone has the meaning given to it by the Code;\nSign includes a parking control sign or other sign, inscription, road marking, painted line, mark,\nstructure or other device or method approved by the local government on which may be shown\nwords, numbers, expressions or symbols, and which is placed on or near a thoroughfare or\nwithin a parking facilities or reserve for the purpose of prohibiting, regulating, guiding,\ndirecting or restricting the stopping and parking of motor vehicles;\nSpecial purpose motor vehicle has the meaning given to it by the Code;\nStop in relation to a motor vehicle, has the meaning given to it by the Code;\nSymbol includes any symbol specified from time to time by Standards Australia for use in the\nregulation of parking and any reference to the wording of any sign in this local law shall be\nalso deemed to include a reference to the corresponding symbol;\nTaxi has the meaning given to it by the Code;\nTaxi zone has the meaning given to it by the Code;\nThoroughfare has the meaning given to it in section 1.4 of the Act;\nTraffic island has the meaning given to it by the Code;\nTrailer has the meaning given to it by the Code;\nVerge” has the same meaning as nature strip.\n(2) Unless the context otherwise requires, where a term is used, but not defined, in this local law, and\nthat term is defined in the Road Traffic Act 1974, the Road Traffic (Administration) Act 2013, the Road\nTraffic (Motor vehicles) Act 2012 or in the Code, then the term shall have the meaning given to it in\nthat Act or the Code.\nPART 2—ADMINISTRATION\n2.1 Powers of the local government\n(1) The local government may, by resolution, prohibit or regulate by signs or otherwise, including but\nnot limited to—\n(a) the stopping or parking of any motor vehicle or any class of motor vehicles;\n(b) parking bays;\n(c) parking facilities;\n(d) permitted time and conditions of parking in parking bays and parking facilities which may\nvary with the locality;\n(e) permitted classes of motor vehicles which may park in parking bays and parking facilities;\n(f) permitted classes of persons who may park in specified parking bays or parking facilities; and\n(g) the manner of parking in parking bays and parking facilities.\n(2) Where the local government makes a resolution under this clause, it shall erect signs to give effect\nto the determination or resolution\n2.2 Thoroughfares under control of Commissioner of Main Roads\n(1) Subject to subclause 2, this local law does not apply to—\n(a) the approach and departure prohibition areas of all existing and future traffic control signal\ninstallations as determined by the Commissioner of Main Roads;\n\n5046 GOVERNMENT GAZETTE, WA 31 October 2022\n(b) prohibition areas applicable to all existing and future bridges and subways as determined by\nthe Commissioner of Main Roads; and\n(c) any road which comes under the control of the Commissioner of Main Roads.\n(2) Upon request of the local government, the control of parking and parking facilities on a thoroughfare\nunder the control of the Commissioner of Main Roads may be delegated by the Commissioner of Main\nRoads to the local government\n2.3 Parking not under the control of the local government\n(1) This local law does not apply to a parking bay, parking lane or parking facility that is not occupied,\nmanaged or controlled by the local government, unless the local government and the owner or occupier\nof that land or facility have agreed in writing that this local law will apply to that land or facility.\n(2) The agreement referred to in subclause (1) may be made on such terms and conditions as the parties\nmay agree.\n2.4 Classes of motor vehicles\nFor the purpose of this local law, motor vehicles are divided into the following classes—\n(a) public buses and school buses;\n(b) commercial motor vehicles;\n(c) motorcycles and bicycles;\n(d) taxis; and\n(e) all other motor vehicles.\nPART 3—PARKING THROUGHOUT THE DISTRICT\nDIVISION 1—DISTRICT GENERALLY\n3.1 Application of Part 3\n(1) This Part applies to the whole of the district.\n(2) This Part is subject to the provisions of Part 4 which may override those of this Part.\n(3) This Part is further subject to the provisions of Part 5 which may override those of Part 4 or this\nPart.\n3.2 Parking for people with disabilities\nFor avoidance of doubt, and notwithstanding clause 2.3(1), the provisions of the Local Government\n(Parking for People with Disabilities) Regulations 2014, apply throughout the district to all parking\nbays, parking lanes or parking facilities, whether under the control of the local government or not,\nwhich are a public place.\n3.3 Parking motor vehicle on a carriageway\n(1) A person parking a motor vehicle on a carriageway other than in a parking bay shall park it—\n(a) in the case of a two-way carriageway, so that it is as near as practicable to and parallel with,\nthe left boundary of the carriageway and headed in the direction of the movement of traffic on\nthe side of the thoroughfare on which the motor vehicle is parked;\n(b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with\neither boundary of the carriageway and headed in the direction of the movement of traffic on\nthe side of the thoroughfare on which the motor vehicle is parked;\n(c) so that at least 3 metres of the width of the carriageway lies between—\n(i) the motor vehicle and the farther boundary of the carriageway, any continuous dividing\nline or median strip, or\n(ii) between the motor vehicle and a motor vehicle parked on the farther side of the\ncarriageway;\n(d) so that the front and the rear of the motor vehicle respectively is not less than 1 metre from\nany other motor vehicle, except a motorcycle without a trailer, or a bicycle parked in accordance\nwith this local law; and\n(e) so that it does not obstruct any motor vehicle on the carriageway.\n3.4 Parking near a railway level crossing\nA person shall not park a motor vehicle so that any portion of the motor vehicle is within 20 metres of\neither the approach side or the departure side of the nearest rail of a railway level crossing.\n3.5 Parking on reserves\nNo person other than an employee of the local government in the course of his or her duties or a person\nauthorised by the local government shall drive or park a motor vehicle upon or over any portion of a\nreserve other than upon an area specifically set aside for that purpose.\n3.6 General prohibitions on parking\n(1) This clause does not apply to a motor vehicle parked in a parking bay nor to a bicycle in a bicycle\nrack.\n(2) Subclauses (3)(c), (e) and (g) do not apply to a public bus which parks in a bus zone.\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5047\n(3) Subject to any law relating to intersections with traffic control signals a person shall not park a\nmotor vehicle so that any portion of the motor vehicle is—\n(a) between any other stationary motor vehicles and the centre of the carriageway;\n(b) on or adjacent to a median strip;\n(c) obstructing a right of way, private drive or carriageway or so close as to deny a motor vehicle\nreasonable access to or egress from the right of way, private drive or carriageway;\n(d) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the\ncarriageway, if the motor vehicle would obstruct traffic;\n(e) on or within 10 metres of any portion of a carriageway bounded by a traffic island;\n(f) on any footpath, children’s crossing or pedestrian crossing;\n(g) between the boundaries of a carriageway and any double longitudinal line consisting of two\ncontinuous dividing lines or between a double longitudinal line consisting of a continuous\ndividing line and a broken or dotted line and the boundary of a carriageway nearer to the\ncontinuous dividing line, unless there is a distance of at least 3 metres clear between the motor\nvehicle and the double longitudinal line;\n(h) on an intersection, except adjacent to a carriageway boundary that is not broken by an\nintersecting carriageway;\n(i) within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of\na fire hydrant or fire plug;\n(j) within 10 metres of the nearer property line of any thoroughfare intersecting the thoroughfare\non the side on which the motor vehicle is parked, unless a sign or markings on the carriageway\nindicate otherwise.\n(4) A person shall not park a motor vehicle so that any portion of the motor vehicle is within 20 metres\nof the approach side or within 10 metres of the departure side of—\n(a) a sign inscribed with the words “Bus Stop” or “Hail Bus Here” (or with equivalent symbols\ndepicting these purposes) unless the motor vehicle is a public bus stopped to take up or set\ndown passengers;\nor\n(b) a children’s crossing or pedestrian crossing.\n3.7 Restrictions on parking in particular areas\n(1) Subject to subclause (2), a person shall not park a motor vehicle in a thoroughfare, part of a\nthoroughfare, or part of a parking facility—\n(a) if by a sign it is set apart for the parking of motor vehicles of a different class;\n(b) if by a sign it is set apart for the parking of motor vehicles by persons of a different class; or\n(c) during any period when the parking of motor vehicles is prohibited by a sign.\n(2) The driver may park a motor vehicle in a thoroughfare or a part of a thoroughfare or part of a\nparking facility, except in a thoroughfare or a part of a thoroughfare or part of a parking facility to\nwhich a disabled parking sign relates for twice the period indicated on the sign, if—\n(a) the driver’s motor vehicle displays a valid disability parking permit sticker; and\n(b) a disabled person to which the valid disability parking permit relates is either the driver of\nmotor vehicle\n(3) A person shall not park a motor vehicle in a bay marked “M/C” unless it is a motorcycle without a\nsidecar or a trailer, or it is a bicycle.\n(4) A person shall not, without the prior permission of the local government, the CEO, or an authorised\nperson, park a motor vehicle in an area designated by a sign stating “Authorised Motor vehicles Only”.\n3.8 Motor vehicles not to obstruct a thoroughfare or public place\nA person shall not leave a motor vehicle, or any part of a motor vehicle, in a thoroughfare or public\nplace including a right of way, so that it obstructs the use of any part of that thoroughfare or public\nplace without the permission of the local government or unless authorised under any written law.\n3.9 Authorised person may order motor vehicle on thoroughfare to be moved\nThe driver of a motor vehicle shall not park that motor vehicle on any part of a thoroughfare in\ncontravention of this local law after an authorised person has directed the driver to move it.\n3.10 Suspension of parking limitations for urgent, essential or official duties\n(1) Where by a sign the parking of motor vehicles is permitted for a limited time on a portion of a\nthoroughfare or parking facility, the local government, the CEO or an authorised person may, subject\nto the Code, permit a person to park a motor vehicle in that portion of the thoroughfare or parking\nfacility for longer than the permitted time in order that the person may carry out urgent, essential or\nofficial duties.\n(2) Where permission is granted under subclause (1), the local government, the CEO or an authorised\nperson may prohibit the use by any other motor vehicle of that portion of the thoroughfare or parking\nfacility to which the permission relates, for the duration of that permission.\n\n5048 GOVERNMENT GAZETTE, WA 31 October 2022\nDIVISION 2—NO PARKING AND NO STOPPING\n3.11 No parking\nA driver shall not stop on a length of carriageway or in an area to which a “no parking” sign applies,\nunless the driver is—\n(a) is dropping off, or picking up, passengers or goods;\n(b) remains within three metres of the motor vehicle at all times; and\n(c) completes the dropping off, or picking up, of the passengers or goods within two minutes of\nstopping and drives on.\n3.12 No stopping\n(1) A driver shall not stop on a length of carriageway, or in an area, to which a “no stopping” sign applies\nor in a “keep clear area”.\n(2) A driver must not stop at the side of a carriageway marked with a continuous yellow edge line.\n3.13 Application of particular definitions\nFor the purposes of the application of clause 3.11 and clause 3.12 an arrow inscribed on a sign erected\nat an angle to the carriageway is deemed to be pointing in the direction in which it would point, if the\nsigns were turned at an angle of less than 90 degrees until parallel with the carriageway.\nDIVISION 3—STOPPING IN PARTICULAR CIRCUMSTANCES\n3.14 Stopping near an obstruction\nA driver shall not stop on a carriageway near an obstruction on the carriageway in a position that\nfurther obstructs traffic on the carriageway.\n3.15 Stopping on a bridge, etc.\nA driver shall not stop a motor vehicle on a bridge, causeway, ramp or similar structure unless—\n(a) the carriageway is at least as wide on the structure as it is on each of the approaches and a\nparking control sign does not prohibit stopping or parking; or\n(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking control\nsign applies and the driver is permitted to stop at that place under this local law.\n3.16 Stopping on crests, curves, etc.\nA driver shall not stop a motor vehicle on, or partly on, a carriageway, in any position where it is not\nvisible to the driver of an overtaking motor vehicle, from a distance of 50 metres within a built-up area,\nand from a distance of 150 metres outside a built-up area.\n3.17 Stopping near a fire hydrant etc\nA driver shall not stop a motor vehicle so that any portion of the motor vehicle is within one metre of a\nfire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug,\nunless—\n(a) the driver is driving a public bus, and the driver stops in a bus zone or at a bus stop and remains\nwithin three metres of the motor vehicle at all times; or\n(b) the driver is driving a taxi, and the driver stops in a taxi zone and remains within three metres\nof the motor vehicle at all times.\n3.18 Obstructing access to and from a path, driveway, etc.\nA driver shall not stop a motor vehicle so that any portion of the motor vehicle is in front—\n(a) of a path, in a position that obstructs access by motor vehicles or pedestrians to or from that\npath;\n(b) on or across a driveway or other way of access for motor vehicles travelling to or from adjacent\nland; unless—\n(c) the driver is dropping off, or picking up, passengers; or\n(d) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under\nthis local law.\nDIVISION 4—SIGNS\n3.19 Part of thoroughfare to which sign applies\nWhere under this local law the parking of motor vehicles in a thoroughfare is controlled by a sign, the\nsign shall be read as applying to that part of the thoroughfare which—\n(a) lies beyond the sign;\n(b) lies between the sign and the next sign beyond that sign; and\n(c) is on that side of the thoroughfare nearest to the sign.\n3.20 Pre-existing signs\n(1) A sign is deemed for the purposes of this local law to have been erected by the local government\nunder the authority of this local law that where that sign—\n(a) was erected by the local government or the Commissioner of Main Roads prior to the coming\ninto operation of this local law; and\n(b) relates to the parking of motor vehicles within the district,\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5049\n(2) An inscription, word, number, expression or symbol on a sign referred to in subclause (1) operates\nand has effect according to its tenor, and where the inscription, word, number, expression or symbol\nrelates to the stopping of motor vehicles, it is to be deemed for the purposes of this local law to operate\nand have effect as if it related to the parking of motor vehicles.\n3.21 Signs must be complied with\nAn inscription or symbol on a sign operates and has effect according to its tenor and a person\ncontravening the direction on a sign commits an offence under this local law.\n3.22 Unauthorised signs and defacing of signs\nA person shall not without the authority of the local government—\n(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or exhibited\nby the local government under this local law;\n(b) remove, deface or misuse a sign or property, set up or exhibited by the local government under\nthis local law or attempt to do any such act; or\n(c) affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign set\nup or exhibited by the local government under this local law.\n3.23 General provisions about signs\n(1) A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the absence\nof evidence to the contrary presumed to be a sign marked, erected, set up, established or displayed\nunder the authority of this local law.\n(2) The first three letters of any day of the week when used on a sign indicate that day of the week.\nDIVISION 5—ZONES FOR PARTICULAR MOTOR VEHICLES\n3.24 Stopping in a loading zone\nA person shall not stop a motor vehicle in a loading zone unless it is—\n(a) a motor vehicle used for commercial or trade purposes engaged in the picking up or setting\ndown of goods; or\n(b) a motor vehicle that completes the dropping off or picking up of passengers within two minutes\nof stopping and then drives on,\nhowever, in any event, shall not remain in that loading zone—\n(c) for longer than a time indicated on the “loading zone” sign; or\n(d) longer than 30 minutes, if no time is indicated on the sign.\n3.25 Stopping in a taxi zone or a bus zone\n(1) A driver shall not stop in a taxi zone, unless the driver is driving a taxi.\n(2) A driver shall not stop in a bus zone unless the driver is driving a public bus or a school bus.\n3.26 Stopping in a shared zone\nA driver shall not stop in a shared zone unless—\n(1) the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign\napplies and the driver is permitted to stop at that place under this local law;\n(2) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under this\nlocal law;\n(3) the driver is dropping off, or picking up, passengers or goods; or\n(4) the driver is engaged in door-to-door delivery or collection of goods, or in the collection of waste or\ngarbage.\n3.27 Other limitations in zones\nA person shall not stop a motor vehicle in a zone to which a sign applies if stopping the motor vehicle\nwould be contrary to any limitation in respect to classes of persons or motor vehicles, or specific\nactivities allowed, as indicated by additional words on a parking control sign that applies to the zone.\nPART 4—PARKING IN BUILT-UP AREAS\nDIVISION 1—BUILT-UP AREAS GENERALLY\n4.1 Application of Part 4\n(1) This Part applies to the built up areas of a built-up area.\n(2) This Part overrides any inconsistent provisions of Part 3.\n(3) This Part is subject to the provisions of Part 5 which may override those of this Part.\n4.2 No parking of motor vehicles exposed for sale and other circumstances\nA person shall not park a motor vehicle on any portion of a thoroughfare—\n(a) for the purpose of exposing it for sale;\n(b) if that motor vehicle is not licensed under the Road Traffic (Motor vehicles) Act 2012;\n(c) if that motor vehicle is a trailer or a caravan unattached to a motor vehicle; or\n\n5050 GOVERNMENT GAZETTE, WA 31 October 2022\n(d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable\nthe motor vehicle to be moved to a place other than a thoroughfare.\n4.3 Parking on a carriageway with heavy and long motor vehicles\n(1) Unless engaged in the picking up or setting down of goods, a person shall not park on any part of a\ncarriageway for any period exceeding one hour, a motor vehicle or any combination of motor vehicles,\nthat together with any projection on, or load carried by, the motor vehicle or combination of motor\nvehicles, is 7.5 metres or more in length or exceeds a GVM of 4.5 tonnes.\n(2) Nothing in this clause affects the operation of any other clause in this local law or any other written\nlaw relating to the parking or stopping of motor vehicles.\n4.4 Double parking\n(1) A driver shall not stop a motor vehicle so that any portion of the motor vehicle is between any other\nstopped motor vehicle and the centre of the carriageway.\n(2) This clause does not apply to—\n(a) a driver stopped in traffic; or\n(b) a driver angle parking on the side of the carriageway or in a median strip parking area, in\naccordance with this local law.\n4.5 Event Parking\n(1) Subject to clause 2.1, a temporary sign may indicate that all or part of a parking facility,\nthoroughfare or public place is set aside, during the period indicated in the sign, for the parking of\nmotor vehicles by persons attending a particular event.\n(2) The local government may issue to a person a permit in respect of all or part of a parking facility,\nthoroughfare or public place for an event referred to in subclause (1).\n(3) A person must not park or stop a motor vehicle, or permit a motor vehicle to remain parked, in any\narea that is set aside under subclause (1) unless the permit issued under subclause (2) for the relevant\nevent is displayed inside the motor vehicle so that it is clearly visible to an authorised person examining\nthe ticket from outside the motor vehicle.\nDIVISION 2—PARKING BAYS, PARKING LANES, AND PARKING FACILITIES\n4.6 Motor vehicles to be within parking bays or parking lanes on thoroughfare\n(1) Subject to subclause (2) and (3), a person shall not park a motor vehicle in a parking bay in a\nthoroughfare otherwise than—\n(a) parallel to and as close to the kerb as is practicable;\n(b) wholly within the parking bay or parking lane; and\n(2) headed in the direction of the movement of traffic on the side of the thoroughfare in which the bay\nis situated.\n(3) If a motor vehicle is too long or too wide to fit completely within a single parking bay then the person\nparking the motor vehicle shall do so within the minimum number of parking bays needed to park that\nmotor vehicle.\n(4) A person shall not park a motor vehicle partly within and partly outside a parking area.\n4.7 Parking prohibitions and restrictions\n(1) A person shall not—\n(a) park a motor vehicle so as to obstruct an entrance to, or an exit from parking facilities, or an\naccess way within parking facilities;\n(b) except with the permission of the local government or an authorised person, park a motor\nvehicle on any part of a parking facility contrary to a sign referring to that part;\n(c) permit a motor vehicle to park in any part of parking facilities, if an authorised person directs\nthe driver of such motor vehicle to move the motor vehicle; or\n(d) park or attempt to park a motor vehicle in a parking bay in which another motor vehicle is\nparked, unless—\n(i) parking of a motorcycle and a bicycle together in a bay marked “M/C”, and\n(ii) the bicycle is parked in accordance with subclause (2).\n(2) A person must not park a bicycle—\n(a) in a parking bay other than in a bay marked for motorcycles only; and\n(b) other than against the kerb.\n(3) Notwithstanding the provisions of subclause (1)(b) a driver may park a motor vehicle in a bay or\nfacility (except in a parking area for people with disabilities) for twice the length of time allowed,\nprovided that—\n(a) the driver’s motor vehicle displays a current disability parking permit; and\n(b) a person with disabilities to which that disability parking permit relates is either the driver of\nor a passenger in the motor vehicle.\n4.8 Angle parking\n(1) This clause does not apply to—\n(a) a motor vehicle with a mass including any load, of over 4.5 tonnes; or\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5051\n(b) a person parking either a motor cycle without a trailer or a bicycle.\n(2) Where a sign associated with a parking area is inscribed with the words “angle parking”, or with an\nequivalent symbol depicting this purpose, a person stopping or parking a motor vehicle stop or shall\npark the motor vehicle at an angle and in the position indicated by the inscription on the parking sign\nor by marks on the carriageway.\nDIVISION 3—STOPPING IN PARTICULAR CIRCUMSTANCES\n4.9 Stopping at or near a bus stop\nA driver shall not stop a motor vehicle so that any portion of the motor vehicle is within 20 metres of\nthe approach side of a bus stop, or within 10m of the departure side of a bus stop, measured in the\ndirection of traffic movement on that portion of the thoroughfare, unless—\n(a) the motor vehicle is a public bus stopped to take up or set down passengers; or\n(b) the driver stops at a place on a length of carriageway, or in an area permitted by a parking\ncontrol sign.\n4.10 Stopping on a path, median strip, or traffic island\nThe driver of a motor vehicle (other than a bicycle or an animal) shall not stop so that any portion of\nthe motor vehicle is on a path, traffic island or median strip, unless permitted by a parking control sign.\n4.11 Stopping on verge\n(1) A person shall not stop so that any portion of the following is on or projects over a verge—\n(a) stop a motor vehicle (other than a bicycle);\n(b) stop a commercial motor vehicle or any combination of motor vehicles that exceeds 4.5 tonnes\nGVM, a public bus, a trailer or caravan unattached to a motor vehicle; or\n(c) stop any motor vehicle (other than a bicycle) during any period when the stopping of motor\nvehicles on that verge is prohibited by a sign adjacent and referable to that verge.\n(2) Subclause (1)(a) does not apply to the person if he or she is the owner or occupier of the land adjacent\nto that verge, or is a person authorised by the occupier of that land to stop the motor vehicle so that\nany portion of it is on the verge.\n(3) Subclause (1)(b) does not apply to a commercial motor vehicle or any motor vehicle with a GVM that\nexceeds 4.5 tonnes when it is being loaded or unloaded with reasonable expedition with goods,\nmerchandise or materials collected from or delivered to the land adjacent to the portion of the verge on\nwhich the motor vehicle is parked, provided no obstruction is caused to the passage of any motor vehicle\nor person using a carriageway or a path.\n4.12 Stopping on a carriageway with motor cycle parking sign\nThe driver of a motor vehicle shall not stop on a length of carriageway, or in an area, to which a\n“motorcycle parking” sign applies, or an area marked “M/C” unless—\n(a) the motor vehicle is a motor cycle; or\n(b) the driver is dropping off, or picking up, passengers.\n4.13 Stopping on a carriageway with a bicycle sign\nUnless dropping off or picking up passengers, the driver of a motor vehicle (other than a bicycle) must\nnot stop on a length of carriageway to which any of the following apply—\n(a) a “bicycle path” sign;\n(b) a “bicycle parking” sign; or\n(c) a “dual use path” or other sign indicating bicycles are permitted to use the path.\nPART 5—PARKING IN TIMED ZONES\n5.1 Application of Part 5\n(1) This Part applies to timed parking zones.\n(2) This Part overrides any inconsistent provisions of Part 3.\n5.2 Timed Parking\n(1) The local government, by resolution, may constitute any land, structure, section or part of a\nthoroughfare or public reserve as a timed parking zone.\n(2) In respect of timed parking zones the local government under subclause (1), may determine—\n(a) the location of parking spaces within a parking zone;\n(b) the permitted times and conditions of parking or stopping of a vehicle;\n(c) the classes of vehicles permitted to park or stop;\n(d) the classes of persons permitted to park or stop a vehicle; and\n(e) the manner of parking or stopping a vehicle.\n(3) A parking zone constituted under subclause (1) may be varied as to the land, structure, section or\npart of a thoroughfare or public reserve which it comprises by the local government.\n(4) Where the local government makes a determination under this clause, it shall erect signs to give\neffect to this determination\n\n5052 GOVERNMENT GAZETTE, WA 31 October 2022\n5.3 Authorised person may mark tyres\n(1) An authorised person may mark the tyres of a vehicle parked in a parking facility with chalk or any\nother non-indelible substance for a purpose connected with or arising out of his or her duties or powers.\n(2) A person shall not remove a mark made by an authorised person so that the purpose of the affixing\nof such a mark is defeated or likely to be defeated.\n5.4 No movement of motor vehicles to avoid time limitation\nWhere the parking of vehicles in a parking facility is permitted for a limited time, a person shall not\nmove a vehicle within the parking facility so that the total time of parking exceeds the maximum time\npermitted, unless the vehicle has first been removed for at least 1 hour.\nPART 6—MISCELLANEOUS\n6.1 Removal of notices on motor vehicle\nA person, other than the driver of the motor vehicle or a person acting under the direction of the driver\nof the motor vehicle, shall not remove from the motor vehicle any notice put on the motor vehicle by an\nauthorised person.\n6.2 Emergency and special purpose motor vehicles\nNotwithstanding anything to the contrary in this local law, the driver of—\n(a) an emergency motor vehicle may, in the course of their duties and when it is expedient and\nsafe to do so or where they believes that it is expedient and safe to do so, stop, or park the motor\nvehicle at any place, at any time; and\n(b) a special purpose motor vehicle may, only in the course of his or her duties and when it is\nnecessary and safe to do so, stop, or park the motor vehicle in any place, at any time.\n6.3 Removal and impounding of motor vehicles\n(1) The impounding of motor vehicles and other goods shall be carried out in accordance with Part\n3 Division 3 Subdivision 4 of the Act and regulation 29 of the Local Government (Functions and\nGeneral) Regulations 1996.\n(2) An employee authorised specifically for the purposes of section 3.39 of the Act and this clause may\nremove and impound any motor vehicle that is involved in a contravention that can lead to impounding.\n(3) A person authorised to impound a motor vehicle in accordance with subclause (2) may use reasonable\nforce to exercise the power given by that clause.\n(4) The form of the notice referred to in section 3.42 of the Act is set out in Schedule 1.\n6.4 Notice to owner of motor vehicle involved in offence\nThe owner of a motor vehicle may be required to identify the driver or person in charge of a motor\nvehicle at the time when an offence is alleged to have been committed by sending a notice substantially\nin the form of Form 1 of Schedule 1 of the Local Government (Functions and General) Regulations 1996.\nPART 7—ENFORCEMENT\n7.1 Legal proceedings\nEvidentiary provisions relating to offences involving motor vehicles are contained in Division 3 of Part\n9 of the Act.\n7.2 Offences\nA person who breaches a provision of this local law commits an offence.\n7.3 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 $500 for each\nday or part of the day during which the offence has continued.\n7.4 Modified penalties\n(1) The offences contained in the Schedule 3 are offences in relation to which a modified penalty may\nbe imposed.\n(2) The amount appearing in the final column of Schedule 3 directly opposite a clause specified in that\nSchedule is the modified penalty for an offence against that clause.\n7.5 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 substantially in\nthe form of either—\n(a) Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996; or\n(b) Schedule 2 of this local law, in accordance with section 9.18 of the Act.\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5053\n7.6 Withdrawal of infringement notice\n(a) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice substantially in the form of Form 3 of Schedule 1 of the\nLocal Government (Functions and General) Regulations 1996.\n(b) A person authorised to issue an infringement notice under clause 7.5 cannot sign or send a\nnotice of withdrawal\n————\nSchedule 1—Notification of Impoundment of Motor vehicle\n[cl. 6.3]\nShire of Kojonup\nTo (full name/s) –\nOf (address) –\nDepartment of Transport records indicate that you are the registered\nowner of the motor vehicle detailed below and notice is hereby given that\nthe motor vehicle has been impounded in accordance with the provisions\nof the Local Government Act 1995.\nMake –\nModel –\nRegistration –\nImpounded from –\nPositioned at/near –\nDate impounded –\nTime impounded –\nThe motor vehicle has been taken to a secure facility.\nFacility address –\nIT IS A REQUIREMENT THAT ALL PAYMENTS ARE RECEIVED\nPRIOR TO THE RELEASE OF THE MOTOR VEHICLE.\nDocumentation required\n–\nThe following must be produced before payment can be accepted and\nrelease of the motor vehicle is permitted—\n• Current Motor vehicle Registration Document.\n• Drivers licence or other legal form of identification.\n• Payment receipt (required for motor vehicle release at secure\nfacility).\nPayment in person only\n–\nChief Executive Officer\nShire of Kojonup, 93 Albany Highway KOJONUP Between—8.30am and\n4.30pm Monday to Friday (except public holidays) Payments by cash,\ncheque or EFTPOS.\nThe motor vehicle will then be available for release, by contacting the\nShire to make the necessary arrangements\nMotor vehicle impound fee –\nAdditional days storage fee or part thereof\n(1) Subject to clause 2 below, if your motor vehicle is not collected within 2 months after the date of\nthis notice the Shire may either—\n(a) under section 3.46 of the Local Government Act 1995 refuse to allow the motor vehicle to be\ncollected until the Shire’s costs of removing and keeping the motor vehicle have been paid to\nthe Shire; or\n(b) under section 3.47 of the Local Government Act 1995 sell or otherwise dispose of the motor\nvehicle and credit the money received from that sale or disposal to the Shire’s Trust Fund\nexcept to the extent required to meet the cost and expenses incurred by the Shire in\nremoving, impounding and selling of the motor vehicle.\n(2) If the Local Government has made a declaration that in accordance with 3.40A(4) of the Local\nGovernment Act 1995 the motor vehicle is an abandoned wreck then the motor vehicle may be\ndisposed of within 7 days of that declaration being made.\nIf you are convicted of an offence against this Local Law, section 3.48 of the Local Government\nAct 1995 allows the Shire to recover from you its outstanding expenses incurred in the removing,\nimpounding and selling of the motor vehicle.\nTake note – Unless all fees are paid for and the motor vehicle collected within 2\nmonths from the date of impounding, the Shire may sell the subject\nmotor vehicle.\n\n5054 GOVERNMENT GAZETTE, WA 31 October 2022\nAuthorised person—\nName\nSignature\nTitle\nDate issued –\n————\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5055\nSchedule 2—Infringement notice and notice requiring owner of motor vehicle to identify\nmotor vehicle\n[cl. 7.5(b)]\nShire of Kojonup\nINFRINGEMENT NUMBER\nTo (full name/s) –\nOf (address) –\nIt is alleged that –\nOn (day) –\nAt (time) –\nYour motor vehicle –\nMake –\nModel –\nRegistration –\nAs from\nWas involved in the commission of the following offence –\nDetails of offence –\nContrary to –\nLocal Government (Parking for People with Disabilities)\nRegulations 2014 –\nShire of Kojonup Parking Local Law 2022, clause –\nThe modified penalty item number is –\nThe modified penalty for the offence is – $\nIf you do not wish to have a complaint of the alleged offence heard and determined by a court, the\namount of the modified penalty may be paid within a period of 28 days after the giving of this notice\nUnless within 28 days after being served with this notice—\n(a) you pay the modified penalty; or\n(b) you—\n(i) inform the Chief Executive Officer or another authorised person at the Shire of\nKojonup as to the identity and address of the person who was the driver or person in\ncharge of the above motor vehicle at the time the offence is alleged to have been\ncommitted; or\n(ii) satisfy the Chief Executive Officer that the above motor vehicle had been stolen or was\nbeing unlawfully used at the time the offence is alleged to have been committed, you\nwill, in the absence of proof to the contrary, be deemed to have committed the above\noffence and court proceedings may be instituted against you.\nIMPORTANT—if you do not pay the Modified penalty within 28 days, you may be prosecuted in a\ncourt or enforcement action may be taken under the Fines, Penalties and Infringements Notices\nEnforcement Act 1994. Under this Act, some or all of the following actions may be taken—your\ndriver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be\ndisqualified from holding or obtaining a drivers licence or vehicle licence, your vehicle may be\nimmobilized or have its number plates removed, your details may be published on a website, your\nearnings or your bank accounts may be garnished; and your property may be seized and sold. If the\nmatter is registered with the Registry, additional costs will also be payable. If you change your\naddress it is important that you advise us immediately. Failure to do so may result in your driver’s\nlicence or any vehicle licence you hold being suspended without your knowledge. If you need more\ntime to pay the modified penalty, you can apply for an extension of time by writing to the authorised\nperson at the below address:\nIn person or by mail to – Chief Executive Officer\nShire of Kojonup, 93 Albany Highway KOJONUP Between—8.30am and\n4.30pm Monday to Friday (except public holidays) Payments by cash,\ncheque or EFTPOS.\nElectronic payment or\ncorrespondence –\nRefer website at www.Kojonup.wa.gov.au Quoting infringement number\nenquiries@Kojonup.wa.gov.au\nAuthorised person—\nName\nSignature\nTitle\nDate issued –\n————\n\n5056 GOVERNMENT GAZETTE, WA 31 October 2022\nSchedule 3—Prescribed offences\n[cl. 7.4]\nItem Clause Nature of offence\nModified\npenalty\n$\n1 3.2 Unauthorised parking in a disabled parking space or\nunauthorised display of a disability parking permit are dealt\nwith by the Local Government (Parking for People with\nDisabilities) Regulations 2014\nAs per the\nRegulations\n2 3.3 Failure to park correctly on a carriageway without markings 50\n3 3.4 Parking too close to a railway level crossing 100\n4 3.5 Unauthorised parking on a reserve 50\n5 3.6 Failure to comply with general prohibitions on parking 50\n6 3.7 Failure to comply with restrictions on parking in particular\nareas\n50\n7 3.8 Motor vehicle obstructing a thoroughfare or pubic place 100\n8 3.9 Failure to comply with instruction of authorised person 100\n9 3.10(1) Failure to obtain permission to park a motor vehicle other than\nas provided by this local law 50\n10 3.10(2) Failure to comply with conditions of suspension of parking\nrequirements 100\n11 3.11 Failure to comply with “no parking” sign 50\n12 3.12 Failure to comply with “no stopping” sign 50\n13 3.14 Stopping near an obstruction 50\n14 3.15 Stopping on a bridge etc 100\n15 3.16 Stopping on crests/curves 100\n16 3.17 Stopping near fire hydrant 50\n17 3.18 Obstructing path, a driveway etc 50\n18 3.21 Failure to comply with sign 50\n19 3.22 Unauthorised placement, misuse or obstruction of a sign 100\n20 3.24 Stopping unlawfully in a loading zone 50\n21 3.25 Stopping unlawfully in a taxi or bus zone 50\n22 3.26 Stopping in a shared zone 50\n23 3.27 Stopping in a zone contrary to a sign 50\n24 4.2 Parking of a motor vehicle on a verge for sale or repair, of if\nunlicensed motor vehicle, unattached trailer or caravan. 50\n25 4.3 Failure to comply with limitations on heavy and long motor\nvehicles\n100\n26 4.4 Double parking 50\n27 4.5(1) Failure to comply with event parking sign 50\n28 4.5(3) Failure to display required event permit information 50\n29 4.6 Failure to park with marked bay or lane 50\n30 4.7(1) Creating an obstruction or incorrectly parked in a parking\nfacility\n50\n31 4.7(2) Incorrect parking of a bicycle in a parking facility 50\n32 4.7(3) Unauthorised extended parking in a facility 50\n33 4.8 Failure to comply with angle parking 50\n34 4.9 Stopping at or near bus stop 50\n35 4.10 Stopping on path, median strip or traffic island 50\n36 4.11 Stopping on verge 50\n37 4.12 Stopping in a motorcycle parking area 50\n38 4.13 Stopping in a bicycle area 50\n39 5.2 Failure to comply with timed parking sign 50\n40 5.3(2) Unauthorised making or removal of mark 100\n41 5.4 Moving motor vehicle to avoid time limitations 50\n\n31 October 2022 GOVERNMENT GAZETTE, WA 5057\nItem Clause Nature of offence\nModified\npenalty\n$\n42 6.1 Removing notice from motor vehicle 100\n43 6.2(b) Unauthorised parking of special purpose motor vehicle 50\n44 All other offences not specified 50\n————\nDated 21st of June 2022.\nThe common Seal of the Shire of Kojonup was affixed by authority of a resolution of the Council in the\npresence of—\nNED RADFORD, Shire President.\nGRANT THOMPSON, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instruments set out district‑wide regulatory schemes under the enabling Acts but do not state any repeal or expansion beyond existing powers. The Parking law expressly notes 'Repeal: Nil' (Parking 1.4). No provision in the texts indicates an intended narrowing or broadening of the local government's statutory scope beyond what the enabling legislation permits."},"complexity_factors":["Extensive definitions and cross‑references to external statutes and codes (Cat Act 2011; Local Government Act 1995; Road Traffic Code 2000) increasing interpretive reliance on other instruments (see Cat Preamble; Parking 1.5).","Multiple permit regimes with detailed application, condition, renewal and revocation rules creating administrative steps and recordkeeping obligations (Cat cls 3.5–4.8; Schedules 1–2).","Significant delegated discretion to Council, CEO and authorised persons to make resolutions, erect signs, vary conditions and inspect facilities (Cat cls 3.6, 4.3; Parking cls 2.1, 3.9, 5.2).","Layered enforcement mechanisms: impounding, infringement notices, modified penalties, general penalties and court proceedings across both instruments (Cat Part 7 & Schedule 3; Parking Part 7 & Schedule 3).","Prescriptive technical standards for cat management facilities (cattery construction, module sizes, hygiene and registers) that require specialist compliance (Schedule 2).","Multiple overlapping spatial rules and exceptions (residential vs commercial/industrial zones; built‑up areas; timed zones; designated prohibited areas) requiring contextual application (Cat cls 3.1–3.4; Parking Parts 3–5).","Procedural requirements for public consultation, notices and appeals that add steps and potential delays (Cat 3.7(2); Cat 6.3; Parking 7.5)."],"plain_english_summary":"These two local laws regulate cat‑keeping and parking across the Shire of Kojonup. The Cat law controls numbers, permits, facility standards, impounding and areas where cats are prohibited. The Parking law sets where and how vehicles may stop or park, timed zones, signage, removal and penalties. The local government (Council, CEO and authorised officers) makes decisions, imposes set fees and enforces compliance; owners/keepers bear permit, impound and penalty costs for breaches (Cat cls 3.5–4.8; Parking cls 2.1, 5.2, 6.3, 7.4)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to be a standard remaking or consolidation of local laws under the Local Government Act 1995. The Cat Local Law replaces previous cat control provisions (implied by the 2022 date and modern references to the Cat Act 2011), while the Parking Local Law consolidates standard parking management powers. Neither law appears to have expanded significantly beyond traditional local government functions of animal control and traffic management. The scope remains consistent with typical local law purposes."},"complexity_factors":["Two distinct local laws combined in one document (Cat and Parking), each with separate Parts, Schedules, and penalty structures","Extensive cross-referencing to external legislation: Local Government Act 1995, Cat Act 2011, Cat Regulations 2012/2013, Road Traffic Code 2000, Road Traffic Act 1974, Planning and Development Act 2005, and various other regulations","47+ defined terms across both laws, many incorporating definitions from external statutes by reference","Conditional logic with multiple exceptions: e.g., permit exemptions for RSPCA refuges, veterinary surgeries, pet shops; different cat limits for agricultural vs non-agricultural zones; various exemptions for emergency vehicles, buses, and taxis","Nested conditions in permit requirements: standard conditions (clause 4.1), additional conditions for breeders (4.2), catteries (4.3), with Schedule 2 imposing further detailed structural requirements (minimum floor areas, heights, materials)","Technical specifications in Schedule 2 (Cat Law) requiring precise measurements (e.g., 1.5 sqm floor area per cat, 1.65m height, 75mm floor elevation, 9m boundary setbacks)","Dual penalty structures: modified penalties (infringement fines) listed in Schedule 3 for specific offences, plus general maximum penalties of $5,000 for all offences","Overlapping jurisdictional provisions: Parking law excludes roads controlled by Commissioner of Main Roads and private parking facilities unless agreed, creating complex boundary issues"],"plain_english_summary":"The Shire of Kojonup made two local laws: a Cat Local Law that controls how many cats residents can keep, requires permits and registration for excess numbers or commercial operations, mandates containment and welfare standards, bans cats from sensitive reserves, and enables impounding and penalties to prevent nuisance and abandonment.  \n\nThe Parking Local Law sets enforceable rules on where and how vehicles may be parked across the Shire, creates timed and special-use zones, empowers officers to issue fines and impound vehicles, and provides processes for recovery or disposal."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-kojonup-parking-local-law-2022","history":"/api/acts/shire-of-kojonup-parking-local-law-2022/history","analysis":"/api/acts/shire-of-kojonup-parking-local-law-2022/analysis","conflicts":"/api/acts/shire-of-kojonup-parking-local-law-2022/conflicts","importantCases":"/api/acts/shire-of-kojonup-parking-local-law-2022/important-cases","documents":"/api/acts/shire-of-kojonup-parking-local-law-2022/documents"}}