{"id":"wa-local:kondinin-shire-of-shire-of-kondinin-public-places-and-local-government-property-local-law-2022","name":"Shire of Kondinin Public Places and Local Government Property Local Law 2022","slug":"shire-of-kondinin-public-places-and-local-government-property-local-law-2022","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438338,"registerId":"wa-local:kondinin-shire-of-shire-of-kondinin-public-places-and-local-government-property-local-law-2022-pdf-1775954812626","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"10","sectionType":"section","heading":"November 2022 GOVERNMENT GAZETTE, WA 5293","content":"10 November 2022 GOVERNMENT GAZETTE, WA 5293\nBUSH FIRES ACT 1954\nBUSH FIRE BRIGADES LOCAL LAW 2022\nLocal Government Act 1995,\nBush Fires Act 1954 and under all\nother powers enabling it, the Council of the Shire of Kondinin resolved on 21 September 2022 to make\nthe following local law.\n1. Citation\nShire of Kondinin Bush Fire Brigades Local Law 2022.\n2. Commencement\nThis local law will come into operation 14 days after publication in the\n3. Application\n4. Definitions\n(1) In this local law unless the context otherwise requires—\nBush Fires Act 1954;\nbrigade area is defined in clause 6(1)(b);\nbush fire brigade is defined in section 7 of the Act;\nnormal brigade activities is defined by section 35A of the Act; and\nRegulations means Regulations made under the Act.\n(2) In this local law, unless the context otherwise requires, a reference to—\n(a) a captain;\n(b) a first lieutenant;\n(c) a second lieutenant; and\n(d) any additional lieutenants;\nmeans a person holding that position in a bush fire brigade.\n5. Establishment of a bush fire brigade\n(1) The local government may establish a bush fire brigade for the purpose of carrying out normal\nbrigade activities.\n(2) A bush fire brigade is established on the date of the local government’s decision under subclause (1).\n(3) A bush fire brigade established under subclause (1) is to hold a meeting at least once every financial\nyear to appoint persons to the positions in clause 6(1)(c).\n6. Name and officers of bush fire brigade\n(1) On establishing a bush fire brigade under clause 4(1) the local government is to—\n(a) give a name to the bush fire brigade;\n(b) specify the brigade area in which the bush fire brigade is primarily responsible for carrying out\nthe normal brigade activities; and\n(c) appoint—\n(i) a captain;\n(ii) a first lieutenant;\n(iii) a second lieutenant; and\n(iv) additional lieutenants if the local government considers it necessary.\n(2) A person appointed to a position pursuant to subclause (1)(c) is to be taken to be a brigade member.\n(3) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general\nmeeting of the bush fire brigade.\n(4) In accordance with section 43 of the Act, the local government may remove or appoint officers of a\nbush fire brigade as deemed necessary or appropriate.\n(5) Subject to subclause (4)—\n(a) an election is to be held at the first annual general meeting by the members of the brigade for\nappointments to the positions referred to in subclause (1)(c) and every subsequent annual\ngeneral meeting; and\n\n","sortOrder":0},{"sectionNumber":"5294","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5294 GOVERNMENT GAZETTE, WA 10 November 2022\n(b) if a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first\nannual general meeting or at any time, then the brigade members are to vote for a replacement\nmember to fill the position.\n(6) The brigade members may elect, set the term of office, describe the duties of, and dismiss, any person\nto any other position including secretary, treasurer, equipment officer, training officer or other\npositions, and may combine those positions.\n(7) The brigade members may establish types of brigade membership including fire fighting members,\nauxiliary members, cadet members, and honorary life members.\n7. Duties of captain and bush fire brigade officers\n(1) The duties of the captain are to—\n(a) provide leadership to bush fire brigades;\n(b) monitor bush fire brigades’ resourcing, equipment and training levels;\n(c) liaise with the local government concerning—\n(i) fire prevention or fire suppression matters generally;\n(ii) directions to be issued by the local government to bush fire control officers, including\nthose who issue permits to burn; and\n(iii) bush fire brigade officers;\n(d) ensure that a list of bush fire brigade members is maintained;\n(e) report annually to the local government the office bearers of the bush fire brigade in accordance\nwith the Regulations;\n(f) report to the local government annually, for consideration and appropriate provision being\nmade in the next local government budget, the status of a bush fire brigade’s—\n(i) training and readiness;\n(ii) protective clothing;\n(iii) equipment; and\n(iv) vehicles and appliances.\n(g) nominate persons to the CEO for appointment as bush fire control officers by the local\n(h) arrange for normal brigade activities as authorised by the Act or by the local government; and\n(i) where a vacancy occurs in a position appointed under clause 6(1)(c), to—\n(i) advise the CEO of the vacancy as soon as practicable; and\n(ii) make alternate suitable arrangements for that position until an appointment is made.\n(2) The duties of lieutenants are to—\n(a) provide support to the Captain;\n(b) command and manage members during emergencies and other Brigade related activities;\n(c) demonstrate positive leadership and mentor members;\n(d) maintain open lines of communication and encourage positive interaction and teamwork\nbetween members;\n(e) ensure Bush Fire Operating Procedures are adhered to during brigade activities;\n(f) ensure members engaged in firefighting activities hold competencies relevant to the task;\n(g) work cohesively with the brigade Training Officer and conduct training activities for members;\n(h) ensure the behaviour of members is in accordance with the Local Government’s code of conduct;\nand\n(i) in the absence of the brigade Captain the most senior Lieutenant present assumes the\nresponsibilities and duties of that office and takes ultimate responsibility for the performance\nof all Brigade activities.\n8. Appointment, employment, payment, dismissal and duties of bush fire control officers\nThe appointment, employment, payment, dismissal and duties of bush fire control officers is dealt with\nby the Act.\n9. Maintenance and equipment with appliances and apparatus of bush fire brigades\nThe local government may provide funds for the maintenance and equipment with appliances and\napparatus of bush fire brigades in accordance with Part 6 of\nthe Local Government Act 1995.\nDated 19 October 2022\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5295\nCEMETERIES ACT 1986\nCEMETERIES LOCAL LAW 2022\nCemeteries Act 1986 and the\nLocal Government Act 1995 and under\nall other powers enabling it, the Council of the Shire of Kondinin resolved on 21 September 2022 to\nadopt the following local law.\n","sortOrder":1},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1.1 Citation\nShire of Kondinin Cemeteries Local Law 2022.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the\n1.3 Application\nThis local law applies to—\n(a) Kondinin Pioneer Cemetery (Reserve 18128);\n(b) Kondinin Public Cemetery (Reserve 22608); and\n(c) Hyden Cemetery (Reserve 21253).\n1.4 Repeal\nThe\nBylaws for Kondinin Cemetery published in the\nGovernment Gazette on 11 December 1925, and\namended from time to time are repealed.\n1.5 Terms used\nIn this local law, unless the context otherwise requires—\nCemeteries Act 1986;\nadministrator means—\n(a) the administrator or executor of an estate of a deceased person;\n(b) the person who, by law or practice, has the right to apply for administration of the estate\nof the deceased person; or\n(c) a person having the lawful custody of a dead body;\nashes means so much of the remains of a dead body after the due processes of cremation as may\nbe contained in a standard sized cremation urn of which the volume does not exceed 4,000 cubic\ncentimetres, or such greater volume as approved by the CEO in writing;\nauthorised person means a person—\n(a) appointed by the Board under section 9.10 of the\nLocal Government Act 1995 for the\npurposes of performing any function or exercising any power, other than the giving of\ninfringement notices, conferred upon an authorised person by this local law; or\n(b) authorised under section 64 of the Act to give infringement notices;\nBoard means the local government;\nburial means placement of a coffin containing a dead body into a grave, and includes a natural\nburial;\nbusiness day means any week day as the context requires—\n(a) other than a public holiday in Western Australia, or\n(b) that reasonable notice has been given that the Shire office is closed;\ncemetery means a cemetery specified in clause 1.3;\nCEO means the Chief Executive Officer, for the time being, of the Board;\ncoffin means a coffin or other receptacle used for the transportation of a dead body to the grave\nsite, or the receptacle used for the burial of a dead body in a grave;\nfuneral director means a person—\n(a) holding current membership of—\n(i) the Australian Funeral Directors Association, or\n(ii) the National Funeral Directors Association; or\n(b) a person authorised by the personal representative of a deceased person, and approved\nby the CEO;\ngrave cover means a covering a grave of durable material whether permeable or impermeable;\n\n","sortOrder":2},{"sectionNumber":"5296","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5296 GOVERNMENT GAZETTE, WA 10 November 2022\nheadstone means a memorial designed for placement at the head of a grave, commemorating a\ngrave or the placement of ashes;\ninterment includes, as the case may be—\n(a) burial of a dead body;\n(b) placement of ashes in a grave, niche wall or under a commemorative plaque; or\n(c) scattering of ashes within a cemetery;\nmausoleum means a burial chamber wholly above or partially above and below ground level, so\nconstructed as to allow the deposition of dead bodies into a compartment in the wall or floor\nand being sealed from view;\nmemorial has the meaning set out in the Act;\nmemorial plaque means a panel, plate or tablet designed or used for purposes of bearing a\ncommemorative inscription;\nmemorial work means to install, repair, renovate or remove a memorial;\nmonument means a sculpture, statue, cover of a grave or other form of memorial approved by the\nBoard commemorating a grave or the placement of ashes, other than a headstone or memorial\nplaque;\nnatural burial means burial in the ground—\n(a) without preparation of the dead body using chemical preservatives; and\n(b) by containment of the dead body only in a shroud or biodegradable coffin;\npersonal representative means—\n(a) the administrator or executor of an estate of a deceased person;\n(b) the person who, by law of practice, has the right to apply for administration of the estate\nof the deceased person; or\n(c) a person having the lawful custody of a dead body;\nset fee refers to fees and charges set by a resolution of the Board and published in the\nGovernment\nGazette, under section 53 of the Act;\nstandard grave means a grave which does not exceed any of the following dimensions: 2.4m long,\n1.2m wide and 2.1m deep;\nutility services means municipal or public services and include the supply of water, electrical\npower, gas and refuse, building waste and sewerage disposal services;\nvault means a below ground lined grave with 1 or more sealed compartments constructed to\nspecifications approved from time to time by the Board; and\nvehicle includes every conveyance and every object capable of being propelled or drawn on wheels,\ntracks or otherwise, and includes a bicycle and a skateboard.\n","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"ADMINISTRATION","content":"PART 2—ADMINISTRATION\n2.1 Powers and functions of CEO\nSubject to any directions given by resolution of the Board, the CEO shall exercise all the powers and\nfunctions of the Board in respect of each cemetery.\n2.2 Plans\n(1) The Board shall establish and maintain a plan of each cemetery showing—\n(a) the location of areas set aside for burials, niche wall compartments, and placement of ashes in\na garden;\n(b) the location of an area to be used only for burials of persons of a particular religious\ndenomination;\n(c) the location of different areas of the cemetery to which different requirements for memorials\napply;\n(d) the location of areas set aside for the works and other uses as specified in sections 24(2)(a) and\n(b) of the Act; and\n(e) areas restricted from burial without approval of the CEO.\n(2) The Board may from time to time establish and vary the boundaries of any area referred to in\nsubclause (1).\n(3) The plans referred to in subclause (1) shall be open for inspection by members of the public during\nnormal office hours of the Board.\n2.3 Grant of right of burial\n(1) Upon payment of the set fee, a grave, niche compartment or memorial location shall be granted right\nof burial for a period in accordance with section 25(1) of the Act.\n(2) Upon payment of the set fee, a grant of right of burial shall be extended for a further period in\naccordance with section 25(2) or (4) of the Act.\n(3) A grant of right of burial made and recorded at the commencement of this local law, shall remain\nvalid for the periods specified by the Act.\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5297\n(4) If the Board refuses to an application under subclause (1) or (2), written notice of the refusal is to\n2.4 Board may enter into an agreement for maintenance\nThe Board may enter into an agreement with the holder of a grant of right of burial under clause 2.3\nfor the maintenance of an area of the cemetery at the expense of the holder.\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"APPLICATION FOR INTERMENT","content":"PART 3—APPLICATION FOR INTERMENT\n3.1 Application for interment permit\n(1) A funeral director may apply for approval for interment in the cemetery.\n(2) An application for an interment permit is for a dead body and shall include coffin specifications and\ndetails of the vehicle transporting the dead body to the gravesite.\n(3) An application under subclause (1) shall be accompanied by the set fee.\n3.2 Applications to be accompanied by certificates etc.\n(1) An application under clause 3.1 shall be accompanied by a certificate issued under clause 3.3, in\nrespect of the dead body.\n(2) The Board may require that an application under clause 3.1 be accompanied by either a medical\ncertificate of death or a Coroner’s order of burial, in respect of the dead body.\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 the cemetery, a\nperson who personally knew the deceased shall identify the dead body and shall provide a certificate of\nidentification, unless—\n(a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead\nbody.\n(2) A funeral director shall provide a certificate, where—\n(a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead\nbody.\n3.4 Minimum notice required\nAn application for interment shall be made to the Board at least 4 business days prior to the day\nproposed for interment, otherwise an extra charge may be made.\n3.5 Refusal of application\n(1) The Board may refuse an application for a interment permit—\n(a) if in the opinion of the Board, either the coffin specifications or the details of the vehicle\ntransporting the dead body to the gravesite are not structurally sound or are otherwise\ninadequate or inappropriate; or\n(b) on any other grounds.\n(2) If the Board refuses to approve an application under subclause (1), written notice of the refusal is to\n","sortOrder":5},{"sectionNumber":"Part 4","sectionType":"part","heading":"FUNERALS AND MEMORIAL SERVICES","content":"PART 4—FUNERALS AND MEMORIAL SERVICES\n4.1 Fixing times for interments\n(1) On receipt of a properly completed application form and the satisfaction of all other requirements of\nthe Act and this local law, the Board may—\n(a) approve a time for the funeral; and\n(b) dig or re-open any grave that is required.\n(2) The time approved for an interment is at the discretion of the Board but will be as near as possible\nto the time requested by the applicant.\n(3) Except with the permission of the Board and subject to such conditions as may be applied, a person\nshall not carry out an interment—\n(a) on a Saturday, a Sunday or a public holiday;\n(b) commencing at any time other than between the hours 9:00 am to 2.00 pm; or\n(c) to conclude later than 3.00pm.\n4.2 Memorial services or processions\nUpon application, the Board may permit, with or without interment or broadcasting of ashes—\n(a) the conduct of a memorial service; or\n(b) a procession.\n\n","sortOrder":6},{"sectionNumber":"5298","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5298 GOVERNMENT GAZETTE, WA 10 November 2022\n4.3 Processions\nThe time fixed by the Board for interment shall be the time at which the procession is to arrive at the\ncemetery gates, and, if not punctually observed, then the applicant who applied to hold the interment\nunder clause 3.1 shall if required, pay the set fee for being late.\n4.4 Conduct of interments by the Board\nWhen conducting an interment, or for the purposes of deciding whether to conduct an interment, under\nsection 22 of the Act the Board may—\n(a) require a written request to be made for the Board to conduct an interment;\n(b) in its absolute discretion, charge any person requesting it to conduct an interment the set fee\nfor the conduct of that funeral;\n(c) where no fee or a reduced fee has been charged by it for the conduct of the interment, determine\nthe manner in which the interment shall be conducted;\n(d) specify an area in the cemetery for the interment;\n(e) conduct the funeral notwithstanding the failure of a person to make any application or to obtain\nany consent required under this local law; and\n(f) do or require anything which is considered necessary or convenient for the conduct of the\nfuneral by the Board.\n","sortOrder":7},{"sectionNumber":"Part 5","sectionType":"part","heading":"INTERMENTS","content":"PART 5—INTERMENTS\n5.1 Requirements for burials and coffins\nA person shall not bring a dead body into the cemetery unless—\n(a) the Board has approved an application for the burial of that dead body in accordance with\nclause 3.1;\n(b) it is enclosed in a coffin which in the opinion of the Board is structurally sound and bears the\nname of the deceased person indelibly inscribed in legible characters on a plate properly affixed\nin a clearly visible position on the lid of the coffin; and\n(c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the\nsurname of the deceased person stamped in legible characters, each character being not less\nthan 10 mm in height.\n5.2 Preparation of graves\n(1) A person shall not dig or prepare a grave or fill a grave, unless that person has the permission of\nthe Board.\n(2) Regardless of prior grant of right of burial under clause 2.3 or gravesite approved upon application\nmade under clause 3.1, the Board may direct the digging or preparation of a grave in an alternate\nposition, where—\n(a) evidence of a prior interment is found, or known to have occurred;\n(b) access to the position is constrained;\n(c) the digging or preparation of the grave is unreasonably difficult; or\n(d) utility services may be interfered with.\n(3) Where an alternative position for the grave is directed under subclause (2), the Board is to advise\nthe funeral director immediately.\n5.3 Dimensions of graves\n(1) A person shall not bury a dead body in the cemetery other than in a standard grave, unless that\nperson has the permission of the CEO.\n(2) Every grave prepared by the Board shall be dug at least 1.8m deep and shall not exceed 2.3m in\ndepth, unless otherwise determined by the Board.\n(3) A person shall not bury a dead body within the cemetery so that the distance from the top of the\ncoffin to the original surface of the ground is—\n(a) subject to paragraph (b), less than 1600mm, unless that person has the permission of the CEO;\nor\n(b) in any circumstances less than 750mm.\n(4) The permission of the Board in subclause (3) shall not be granted unless in the opinion of the CEO\nexceptional circumstances require granting of that permission.\n5.4 Ashes not to be held by the Board\nThe Board shall not accept custody of ashes of a deceased person.\n5.5 Disposal of ashes\n(1) Except in accordance with an approved application under clause 3.2, a person shall not bring or\ndispose of the ashes of a deceased person in the cemetery.\n(2) A funeral director, the personal representative of a deceased person whose body has been cremated,\nor other person approved by the CEO, may apply to the Board for permission to dispose of the ashes of\nthat deceased person in the cemetery by one of the following methods, if that method is available—\n(a) placed in a niche wall;\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5299\n(b) placed in a grave, vault or mausoleum subject to the appropriateness of the interment as\ndetermined by the Board;\n(c) scattered in an area approved by the Board;\n(d) placed in a memorial garden; or\n(e) placed in or under other memorials approved by the Board.\n(3) The Board may require a person making an application under subclause (2) to provide additional\ninformation reasonably related to the application before determining the application.\n(4) The Board may—\n(a) approve an application under subclause (2) unconditionally or subject to any conditions; or\n(b) refuse to approve an application under subclause (2).\n(5) Where an application under subclause (2) has been approved subject to conditions, the applicant\nmust comply with each of those conditions, as amended.\n(6) If the Board refuses to approve an application under subclause (2), written notice of the refusal is to\n5.6 Vaults and mausoleums\n(1) A person shall not construct a vault or mausoleum within the cemetery, except with the specific\napproval of the Board.\n(2) A vault or mausoleum within the cemetery shall at all times remain the property of the Board.\n(3) An application under subclause (1) shall be in writing and shall be accompanied by payment of the\nset fee.\n(4) The Board may require a person making an application under subclause (1) to provide additional\ninformation reasonably related to the application before determining the application.\n(5) The Board may—\n(a) approve an application under subclause (1) unconditionally or subject to any conditions; or\n(b) refuse to approve an application under subclause (1).\n(6) Where an application under subclause (1) has been approved subject to conditions, the applicant\nmust comply with each of those conditions, as amended.\n(7) If the Board refuses to approve an application under subclause (1), written notice of that refusal is\nto be provided to the applicant.\n(8) A person shall not place a dead body in a vault or mausoleum except—\n(a) in a closed coffin;\n(b) in a soundly constructed and sealed chamber; and\n(c) in accordance with subclause (9).\n(9) The number of burials in a chamber must not exceed the number for which the chamber was\ndesigned.\n5.7 Re-opening a grave\n(1) A person shall not reopen a grave without the approval of the Board.\n(2) If for the purpose of re-opening a grave in the cemetery, the Board finds it necessary to remove\nplants, grass, shrubs or other like matter from the grave, then the person ordering the re-opening of\nthat grave shall bear the cost of the removal and any necessary reinstatement.\n5.8 Exhumation of a coffin\n(1) Subject to subclause (2), a person shall not exhume a coffin in the cemetery for the purposes of\nreburial within 12 months after the date of its interment.\n(2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to the Act.\n(3) Subject to subclause (1) and (2) prior to any other exhumation, the holder of a grant of right of burial\nmust have applied in writing to the CEO requesting the exhumation and the CEO has authorised the\nexhumation.\n5.9 Opening of coffin\nA person shall not open a coffin in the cemetery unless—\n(a) the coffin is opened for the purposes of the exhumation of a dead body; or\n(b) that person has produced to the CEO an order signed by the Commissioner of Police and the\nCEO has approved the opening of that coffin.\n","sortOrder":8},{"sectionNumber":"Part 6","sectionType":"part","heading":"APPLICATIONS FOR MEMORIALS","content":"PART 6—APPLICATIONS FOR MEMORIALS\n6.1 Application to place memorial\n(1) Upon payment of the set fee, the Board may approve an application to place a memorial with or\nwithout conditions, including restricting use of materials such as wood, dimensions of a memorial etc,\nso as not to detract from the amenity of the cemetery.\n(2) The Board may require the written consent of the holder of the right of burial of the grave, the\npersonal representative of a deceased person, or other person to the satisfaction of the CEO to\naccompany an application for a memorial made under section 30 of the Act.\n\n","sortOrder":9},{"sectionNumber":"5300","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5300 GOVERNMENT GAZETTE, WA 10 November 2022\n(3) Where written consent is not able to be produced, the Board may approve with or without conditions\nor decline an application in its absolute discretion.\n(4) If the Board refuses to approve an application under subclause (2), written notice of that refusal is\nto be provided to the applicant.\n6.2 Australian War Graves\nNotwithstanding anything in this local law to the contrary, the Office of Australian War Graves—\n(a) may place a complying memorial on a military grave; and\n(b) is not required to pay the set fee for any memorial that is placed upon a military grave.\n","sortOrder":10},{"sectionNumber":"Part 7","sectionType":"part","heading":"MEMORIALS PERMITTED","content":"PART 7—MEMORIALS PERMITTED\n7.1 Requirement for memorial works\n(1) Memorial works shall comply with such requirements and conditions as may be imposed by\nresolution the Board, including but not limited to—\n(a) grave cover—\n(i) dimensions not to exceed the width and length of a standard grave without approval\nunder clause 7.2(3);\n(ii) thickness not to exceed 150mm; and\n(b) headstone, memorials and bases, monuments—\n(i) dimensions not to extend beyond any grave cover in place or the dimensions of a standard\ngrave if no grave cover is in place;\n(ii) height; and\n(c) plaques—\n(i) maximum dimensions;\n(ii) dimensions shall not extend beyond any base upon which the plaque is mounted; and\n(d) gravesite boundary, whether kerbing, loose or cemented rock, or fencing—\n(i) dimensions shall not to exceed the width and length of a standard grave without approval\nunder clause 7.2(3);\n(ii) height; and\n(iii) materials.\n(2) Where memorial works are approved under subclause (1) and are to be undertaken by the Board,\nthe memorial works shall be—\n(a) at the expense of the administrator; and\n(b) the expense shall be calculated in accordance with the set fee; and\n(c) if specified, on the agreed date at the agreed time.\n7.2 Limitation on dimensions of memorials\n(1) No part of any memorial works, including any kerbing, boundary marker or enclosure is to extend\nbeyond the dimensions of a standard grave.\n(2) No part of a headstone, memorial plaque or monument above its base shall extend horizontally\nbeyond its base.\n(3) Notwithstanding subclause (1), on request of an administrator, the Board may approve memorial\nworks over multiple adjoining gravesites—\n(a) where the persons interred are of the same family; or\n(b) for another acceptable reason.\n7.3 Display of trade names on memorials not allowed\nA person shall not display any trade names or marks on a memorial.\n","sortOrder":11},{"sectionNumber":"Part 8","sectionType":"part","heading":"MEMORIALS AND OTHER WORK","content":"PART 8—MEMORIALS AND OTHER WORK\n8.1 Numbering of graves\nA person shall not install a memorial on a grave unless the number of that grave is, depending on the\narea where the grave is located, indelibly and legibly inscribed either on the base of the head of the\nmonument or on the base of the headstone, or if this is not practicable, on the kerbing at the foot of the\ngrave.\n8.2 Carrying out memorial work\n(1) A person shall not carry out memorial work within the cemetery unless that person is authorised\nby the Board to do so under clause 6.1.\n(2) All material required in the erection and completion of any memorial work shall be prepared before\nbeing taken to the cemetery.\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5301\n(3) The Board may place restrictions on the hours of work, access to the cemetery or other matters\nconsidered appropriate.\n(4) Memorial works shall be suspended during the conduct of any funeral within the cemetery.\n(5) Work is not permitted to be left unattended in an untidy or unsafe state.\n8.3 Removal of sand, soil or loam\nNo sand, earth or other material shall be taken from any part of the cemetery for use in the construction\nof any memorial or other work, or cause any material to be removed from the cemetery except with the\nwritten approval of the Board.\n8.4 Removal of rubbish\nAll refuse, rubbish or surplus material remaining after approved memorial works are completed shall\nbe immediately removed from the cemetery by the person carrying out the same.\n8.5 Plants and trees\nNo trees or shrubs shall be planted on any grave or within the cemetery except such as shall be approved\nby the Board.\n8.6 Supervision\nAll workers, whether employed by the Board or by any other person, shall at all times while within the\nboundaries of the cemetery be subject to the supervision of the Board and shall obey any directions of\nthe Board.\n8.7 Placing of grave ornaments\n(1) A person shall not place vases or other grave ornaments—\n(a) outside the perimeter of a grave in the cemetery as defined in the plans kept and maintained\nunder section 40(2) of the Act; or\n(b) outside of an area set aside by the Board as a memorial plaque section.\n(2) The use of glass, porcelain, ceramics or pottery is not permitted, other than that already in place at\ncommencement of this local law.\n8.8 Hours of work\nExcept in accordance with the permission of an authorised person, a person shall not carry out memorial\nor other work within the cemetery—\n(a) during a funeral; or\n(b) other than between the hours of 8:00 am and 5:00 pm on a business day.\n8.9 Unfinished work\nA person who does not complete any work before 5:00 pm on a business day shall leave the work in a\nneat and safe condition to the satisfaction of the Board.\n","sortOrder":12},{"sectionNumber":"Part 9","sectionType":"part","heading":"GENERAL","content":"PART 9—GENERAL\n9.1 Vehicle access and speed limitation\n(1) A person shall drive a vehicle on a vehicular access way or the constructed roadway or other areas\ndesignated for the use of vehicles within the cemetery, unless otherwise authorised by the Board.\n(2) A person driving a vehicle, within the cemetery, shall not exceed the speed limit of 20km per hour,\nand shall comply with the signs and directions in the cemetery.\n9.2 Animals\nA person shall not bring an animal into or allow an animal to enter or remain in a cemetery, other\nthan—\n(a) an\nassistance animal as defined in section 9(2) of the\nDisability Discrimination Act 1992\n(Commonwealth); or\n(b) with the approval of the Board or an authorised person.\n9.3 Utility services\n(1) Other than with the approval of the Board, a person shall not—\n(a) connect any device or equipment to any utility services supplied on or at the cemetery; or\n(b) alter or interfere with utility services infrastructure located in the cemetery.\n(2) The Board may recover from a person the reasonable costs incurred by the Board for the supply to\nand use of any utility services by that person at the cemetery.\n9.4 Damaging and removing of objects\nSubject to clause 9.5, a person shall not damage, remove or pick any tree, plant, shrub or flower in the\ncemetery or any other object or thing on any grave or memorial or which is the property of the Board\nwithout the permission of the Board.\n9.5 Withered flowers\nA person may remove withered flowers from a grave or memorial and these are to be disposed of in an\nappropriate manner.\n\n","sortOrder":13},{"sectionNumber":"5302","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5302 GOVERNMENT GAZETTE, WA 10 November 2022\n9.6 Littering and vandalism\nA person shall not—\n(a) damage, deface or interfere with any monument or gravesite in any manner whatsoever;\n(b) break or cause to be broken any glass, ceramic or other material in or upon the cemetery; or\n(c) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in the\ncemetery other than in a receptacle provided for that purpose.\n9.7 Advertising\n(1) A person shall not advertise or carry on any trade, business or profession in the cemetery without\nthe approval of the Board.\n(2) Upon payment of the set fee, the Board may consider and give approval subject to such conditions\nas the Board thinks fit.\n9.8 Signs and directions of the Board\n(1) The Board may display, mark, place or erect a sign within the cemetery specifying conditions\nrelating to the use of the cemetery.\n(2) A person shall obey all signs displayed, marked, placed or erected by the Board within the cemetery\nand any other lawful direction by the Board.\n9.9 Removal from the cemetery\n(1) Any person failing to comply with any provisions of this local law or behaving in a manner that in\nthe opinion of the Board is inappropriate in the cemetery may in addition to any penalty provided by\nthis local law be ordered to leave the cemetery.\n(2) A person to whom an order under subclause (1) is given must comply with that order.\n9.10 Board may close cemetery\nThe Board may—\n(a) temporarily close the cemetery or any part of it;\n(b) exclude from the cemetery the public and all persons or so many of the public or so many\npersons as the Board consider to be necessary;\n(c) regulate, prohibit or restrict access to the cemetery or any part of it; or\n(d) direct persons to leave the cemetery or any part of it, for purposes of—\n(i) a funeral or public convenience;\n(ii) maintenance, redevelopment or extension of the cemetery;\n(iii) public safety; or\n(iv) other operational reasons.\n9.11 Liability for damage or works required to comply\n(1) Where a person—\n(a) causes damage to any grave, memorial, structure, building, furniture, plant or any other item\nor thing in the cemetery;\n(b) does a thing not authorised by this local law; or\n(c) does not do a thing required by this local law;\nthe Board may by notice in writing to that person require that person within the time required in the\nnotice to, at the option of the Board—\n(d) pay the costs of reinstating the property to the state it was in prior to the occurrence of the\ndamage;\n(e) pay the costs of replacing that property;\n(f) pay the costs of works required to comply with this local law; or\n(g) carry out works required to comply with this local law.\n(2) On a failure to comply with a notice issued under subclause (1), the Board may recover the costs\nreferred to in the notice as a debt due to it.\n9.12 Offence to fail to comply with notice\nWhenever the Board gives a notice under this local law requiring a person to do any thing, if a person\nfails to comply with the notice, that person commits an offence.\n9.13 Board may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 9.12, the Board may do the thing\nspecified in the notice and recover from the person to whom the notice was given, as a debt, the costs\nincurred in so doing.\n","sortOrder":14},{"sectionNumber":"Part 10","sectionType":"part","heading":"OBJECTIONS AND REVIEW","content":"PART 10—OBJECTIONS AND REVIEW\n10.1 Objections and review\n","sortOrder":15},{"sectionNumber":"Div 1","sectionType":"division","heading":"of Part 9 of the","content":"Division 1 of Part 9 of the\nLocal Government Act 1995 applies to a decision under this local law to—\n(a) refuse an application for a permit;\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5303\n(b) impose or vary a condition of a permit; or\n(c) revoke a permit.\n","sortOrder":16},{"sectionNumber":"Part 11","sectionType":"part","heading":"OFFENCES AND MODIFIED PENALTIES","content":"PART 11—OFFENCES AND MODIFIED PENALTIES\n11.1 General penalties\nA person who commits a breach of any provisions of this local law commits an offence and shall on\nconviction be liable to a penalty not exceeding $500, and if the offence is a continuing one to a further\npenalty not exceeding $20 for every day or part of a day during which the offence has continued.\n11.2 Modified penalties\n(1) The offences specified in Schedule 1 are offences which may be dealt with under Section 63 of the\nAct.\n(2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the fourth\ncolumn of Schedule 1.\n(3) The infringement notice referred to in Section 63(1) of the Act shall be in the form set out in Schedule\n2.\n(4) The notice withdrawing an infringement notice referred to in Section 63(3) of the Act shall be in the\nform set out in Schedule 3.\n————\n","sortOrder":17},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Modified Penalties","content":"Schedule 1—Modified Penalties\n[cl.11.2]\nPenalty $\n1 4.2(a) Holding a memorial service without permission 50\n2 4.2(b) Conducting a procession without permission 50\n3 5.1 Failure to obtain approval to bring a dead body into the cemetery 50\n4 5.2(1) Unauthorised digging, preparation or filling of grave 50\n5 5.3(1) Unauthorised burial of dead body 50\n6 5.5(1) Unauthorised disposal of ashes 50\n7 5.5(2) Disposal of ashes in an unauthorised manner 50\n8 5.6(1) Unauthorised construction of vault or mausoleum 50\n9 5.7(1) Unauthorised reopening of a grave 50\n10 5.8(1) Unauthorised exhumation of a coffin 50\n11 5.9 Unauthorised opening of a coffin 50\n12 7.3 Use of trade name or mark on a memorial 50\n13 8.1 Carrying out memorial work without grave number on memorial\nor surrounds\n14 8.2 Unauthorised construction of a memorial 50\n15 8.3 Unauthorised use of materials taken from within the cemetery 50\n16 8.4 Failure to remove rubbish and surplus materials 50\n17 8.5 Unauthorised planting of tree or shrub 50\n18 8.6 Failure to comply with direction of authorised person 50\n19 8.7 Unauthorised placing of grave ornaments 50\n20 8.8 Works carried out during unauthorised times 50\n21 8.9 Failure to leave uncompleted works in a tidy and safe condition 50\n22 9.1(1) Driving vehicle other than on vehicular access way or constructed\nroadways or within designated areas\n23 9.1(2) Exceeding speed limit 50\n24 9.2(b) Permitting an animal in a cemetery without approval 50\n25 9.3 Interference with utility services 50\n26 9.4 Damaging or removing object 50\n27 9.5 Failure to dispose of withered flowers appropriately 50\n28 9.6 Littering and/or vandalism 50\n29 9.7 Unauthorised advertising and/or trading 50\n30 9.8(2) Failure to obey sign or lawful direction within cemetery 50\n31 9.9(2) Failure to comply with order to leave cemetery 50\n\n","sortOrder":18},{"sectionNumber":"5304","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5304 GOVERNMENT GAZETTE, WA 10 November 2022\nPenalty $\n32 9.10 Failure to comply with closure of all or part of cemetery 50\n33 9.12 Failure to comply with notice within specified period 50\n————\n","sortOrder":19},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Infringement Notice","content":"Schedule 2—Infringement Notice\n[cl. 11.2(3)]\nINFRINGEMENT NUMBER –\nTo:\nAddress:\nIt is alleged that –\nAt—\nOn— Day Date\nLocation (as indicated)— Kondinin Pioneer Cemetery (Reserve 18128);\nKondinin Public Cemetery (Reserve 22608);\nHyden Cemetery (Reserve 21253).\nYou committed the following offence—\nContrary to— Shire of Kondinin Cemeteries Local Law 2022\nSchedule 1 reference— Item No.— Clause—\nOffence—\nBrief description –\nThe modified penalty for the\noffence is – $\nIf you do not wish to have a complaint of the alleged offence heard\nand determined by a court, the amount of the modified penalty may\nbe paid at the Shire of Kondinin within a period of 28 days after the\ngiving of this notice.\nName of authorised person—\nPosition—\nSignature—\nDate—\nPayments may be made—\n(a) by EFT (contact Shire office for details)\n(b) In person at a Shire Office during business hours\n(c) By mail to—Shire of Kondinin\nPO Box 7, Kondinin 6367\nPlease make cheques payable to Shire of Kondinin.\n————\n","sortOrder":20},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Withdrawal of Infringement Notice","content":"Schedule 3—Withdrawal of Infringement Notice\n[cl. 11.2(4)]\nTo—\nAddress—\nIt is advised that –\nInfringement Notice No.—\nDated—\nFor the alleged offence of—\nhas been withdrawn.\nThe modified penalty of— $\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5305\nReason for withdrawal—\n(Delete whichever does not\napply)\nNo further action will be taken.\nIt is proposed to institute court proceedings for\nthe alleged offence\nName of authorised person—\nPosition—\nSignature—\nDate—\n————\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5307\nDOG ACT 1976\nDOGS LOCAL LAW 2022\nDog Act 1976, the\nLocal Government Act 1995 and under all other\npowers enabling it, the Council of the Shire of Kondinin resolved on 21 September 2022 to make the\nfollowing local law.\nPART 1—PRELIMINARY\n1.1 Citation\nShire of Kondinin Dogs Local Law 2022.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the\n1.3 Application\n1.4 Repeal\nThe\nMunicipality of the Shire of Kondinin Dog By-laws, published in the\nGovernment Gazette on\n10 January 1995 are repealed.\n1.5 Definitions\nIn this local law unless the context otherwise requires—\nDog Act 1976;\nadjoining includes land or premises which have a portion of a common boundary with a lot or is\nseparated from that lot by a public reserve, road, right-of-way, pedestrian access way, access\nleg of a battle-axe lot or the equivalent not more than 6m in width;\nauthorised person means a person appointed by the local government to perform all or any of the\nfunctions conferred on an authorised person under this local law;\ndangerous dog has the meaning given to it by section 3(1) of the Act;\ndistrict means the district of the Shire of Kondinin;\ndog management facility has the meaning given to it in section 3(1) of the Act, and includes a\nkennel establishment;\ninfringement notice means the notice referred to in clause 7.4;\nkennel establishment means any premises where more than the number of dogs under clause\n3.3 over the age of three months are kept, boarded, trained or bred temporarily, usually for\nprofit and where the occupier of the premises is not the ordinary keeper of the dogs;\nlicence means a licence to keep an approved kennel establishment on premises granted under\nclause 4.4;\nlicensee means the holder of a licence granted under clause 4.4;\nlocal government means the Shire of Kondinin\n;\nlocal planning scheme means a planning scheme of the local government made under the\nPlanning and Development Act 2005;\nnotice of withdrawal means the notice referred to in clause 7.7(1);\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person’s ownership or\noccupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\nowner, in relation to a dog, has the same meaning as in section 3(1) and (2) of the Act;\nperson liable for the control of the dog has the same meaning as in section 3(1) of the Act;\npremises in addition to the meaning given to it in section 3 of the Act, means the premises\ndescribed in the application for a licence made under clause 4.1;\npublic place has the meaning given to it by section 3(1) of the Act;\nRegulations means the\nDog Regulations 2013;\nSchedule means a schedule to this local law;\n\n","sortOrder":21},{"sectionNumber":"5308","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5308 GOVERNMENT GAZETTE, WA 10 November 2022\nset fee means a fee or charge made by the local government in accordance with clause 2.1 or clause\n4.8;\nthoroughfare has the meaning given to it in section 1.4 of the\nLocal Government Act 1995;\ntownsite means the following townsites constituted under section 26(2) of the\nLand\nAdministration Act 1997—\n(a) Kondinin;\n(b) Hyden; and\n(c) Karlgarin; and\ntransferee means a person who applies for the transfer of a licence to her or him under clause\n4.12.\nPART 2—IMPOUNDING OF DOGS\n2.1 Fees and charges\nThe following are to be imposed and determined by the local government under sections 6.16 to 6.19 of\nthe\nLocal Government Act 1995—\n(a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding\nof a dog;\n(b) the additional set fee payable under section 29(4) of the Act where a dog is released at a time\nor on a day other than those determined under clause 2.2; and\n(c) application for additional costs of the destruction and the disposal of a dog referred to in section\n29(15) of the Act.\n2.2 Attendance of authorised person at dog management facility\nAn authorised person is to be in attendance at the dog management facility for the release of dogs at\nthe times and on the days of the week as determined by the CEO.\n2.3 Release of impounded dog\n(1) A claim for the release of a dog seized and impounded is to be made to an authorised person or if\nabsent, to the CEO.\n(2) An authorised person is not to release a dog seized and impounded to any person unless that person\nhas produced, to the satisfaction of an authorised person, evidence—\n(a) of her or his ownership of the dog or of her or his authority to take delivery of it; or\n(b) that he or she is the person identified as the owner on a microchip implanted in the dog.\n2.4 Unauthorised release\nUnauthorised release of dogs is dealt with by section 43 of the Act.\nPART 3—KEEPING OF DOGS\n3.1 Dogs to be confined\n(1) An occupier of premises on which a dog is kept must—\n(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of\nconfining the dog;\n(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height\nand construction which having regard to the breed, age, size and physical condition of the dog\nis capable of preventing the dog at all times from passing over, under or through it;\n(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the\npremises (unless the gate is temporarily opened in a manner that ensures that the dog remains\nconfined) and is fitted with a proper latch or other means of fastening it;\n(d) maintain the fence and all gates and doors in the fence in good order and condition; and\n(e) where no part of the premises consists of open space, yard or garden or there is no open space\nor garden or yard of which the occupier has exclusive use or occupation, ensure that other\nmeans exist on the premises (other than the tethering of the dog) for effectively confining the\ndog within the premises.\n(2) Where an occupier fails to comply with subclause (1), he or she commits an offence.\n(3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the\nAct and the Regulations.\n3.2 Limitation on the number of dogs\n(1) This clause does not apply to premises which have been—\n(a) licensed under Part 4 of this local law as an approved kennel establishment; or\n(b) granted an exemption under section 26(3) of the Act.\n(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section\n26(4) of the Act—\n(a) two dogs over the age of three months and the young of those dogs under that age if the\npremises are within a townsite; or\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5309\n(b) four dogs over the age of three months and the young of those dogs under that age if the\npremises are outside a townsite.\n3.3 Application to keep additional dog or dogs\nSubject to clause 3.5, the local government may consider—\n(1) an application to keep one additional dog on premises that are within a townsite which shall—\n(a) provide sufficient detail regarding the reason for keeping more than two dogs;\n(b) provide written consent from owners and occupiers of any premises adjoining the premises; and\n(c) in the case of a tenanted property, provide written consent from either the landowner or their\nappointed real estate agent.\n(2) an application to keep more than four dogs on premises outside a townsite which shall—\n(a) provide sufficient detail regarding the reason for keeping more than four dogs; and\n(b) in the case of a tenanted property, provide written consent from either the landowner or their\nappointed real estate agent.\n(3) applications to keep an additional dog or dogs where—\n(a) the property is deemed suitable by an authorised person—\n(i) having sufficient space capable of confining all dogs;\n(ii) noise, odours, fleas, flies and other vectors of disease will be effectively controlled; and\n(iii) the care and welfare of the dogs is considered adequate;\n(b) the details of every dog proposed to be kept on the premises are provided including name, age,\ncolour/description, breed, registration number and microchip details; and\n(c) sufficient reason has been provided, including—\n(i) to replace an elderly or sick dog not expected to live;\n(ii) a family emergency resulting in the dog being inherited;\n(iii) merging of two households;\n(iv) where the applicants have had approval to keep an additional dog or dogs in another\nlocal authority; or\n(v) on premises outside a townsite, the dog or dogs are required for stock management or to\nbe on the premises temporarily for the purposes of training for stock management.\n3.4 Determination of application\nIn determining an application for a licence to keep additional dogs, the local government is to have\nregard to—\n(a) the matters referred to in clause 3.5;\n(b) the effect which approval of the proposed may have on the environment or amenity of the\nneighbourhood; and\n(c) whether approval of the application will create a nuisance for the owners and occupiers of\nadjoining premises.\n3.5 Where application cannot be approved\nThe local government will not approve an application to keep an additional dog or dogs where—\n(a) more than three dogs are proposed to be kept on premises within a townsite;\n(b) more than six dogs are proposed to be kept on premises outside a townsite; or\n(c) where any dog already kept on the premises is a dangerous dog.\n3.6 Conditions of approval\n(1) The local government may approve an application for a licence subject to any conditions as\nconsidered appropriate.\n(2) Approval of an application is not transferable to successive owners or occupiers of the premises.\n3.7 Variation of permit conditions\nThe local government may vary the conditions of a permit by giving not less than 14 days notice.\n3.8 Revocation of licence to keep additional dogs\nWhere a person does not comply with the conditions of approval to keep an additional dog or dogs under\nclause 3.6 the local government may revoke the licence to keep an additional dog or dogs.\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Application for licence for approved kennel establishment\nAn application for a licence containing the information specified in Schedule 1, must be lodged with the\nlocal government together with—\n(a) plans and specifications of the kennel establishment, including a site plan;\n(b) copies of the notices to be given under clause 4.2;\n\n","sortOrder":22},{"sectionNumber":"5310","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5310 GOVERNMENT GAZETTE, WA 10 November 2022\n(c) written evidence that either the applicant or another person who will have the charge of the\ndogs, will reside on the premises or, in the opinion of the local government, sufficiently close to\nthe premises so as to control the dogs and so as to ensure their health and welfare;\n(d) a written acknowledgement that the applicant has read and agrees to comply with any code of\npractice relating to the keeping of dogs nominated by the local government; and\n(e) the set fee for the application for a licence referred to in clause 4.8(1).\n4.2 Notice of proposed use\n(1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel\nestablishment 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 local government\nwithin 14 days of the date the notice is given; and\n(b) the application, plans and specifications may be inspected at the offices of the local government.\n(3) The local government may refuse to determine the application for a licence until the notice or notices,\nas the case may be, is given in accordance with its directions where—\n(a) a notice given under subclause (1) does 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 the\nopinion of the local government, would fail to serve the purpose of notifying persons of the\nproposed use of the premises.\n4.3 Exemption from notice requirements\nThe requirements of clauses 4.1(b), 4.2 and 4.4(a) do not apply in respect of the application for a licence\nwhere under a local planning scheme an application for a licence is made in respect of premises on\nwhich an approved kennel establishment is either a—\n(a) permitted use; or\n(b) use which the local government may approve subject to compliance with specified notice\nrequirements.\n4.4 When application can be determined\nAn application for a licence is not to be determined by the local government until—\n(a) the applicant has complied with clause 4.2;\n(b) the applicant submits proof that the notices referred to in clause 4.2(1) have been given in\naccordance with that clause; and\n(c) the local government has considered any written submissions received within the time specified\nin clause 4.2(2)(a) on the proposed use of the premises.\n4.5 Determination of application\nIn determining an application for a licence, the local government is to have regard to—\n(a) the matters referred to in clause 4.6;\n(b) any written submissions received within the time specified in clause 4.2(2)(a) on the proposed\nuse of the premises;\n(c) any economic or social benefits which may be derived by any person in the district if the\napplication for a licence is approved;\n(d) the effect which the kennel establishment may have on the environment or amenity of the\nneighbourhood;\n(e) whether the approved kennel establishment will create a nuisance for the owners and occupiers\nof adjoining premises; and\n(f) whether or not the imposition of and compliance with appropriate conditions of a licence will\nmitigate any adverse effects of the approved kennel establishment identified in the preceding\nparagraphs.\n4.6 Where application cannot be approved\nThe local government cannot approve an application for a licence where—\n(a) an approved kennel establishment cannot be permitted by the local government on the\npremises under a local planning scheme; or\n(b) an applicant for a licence or another person who will have the charge of the dogs will not reside\non the premises, or, in the opinion of the local government, sufficiently close to the premises so\nas to control the dogs and so as to ensure their health and welfare.\n4.7 Conditions of approval\n(1) The local government may approve an application for a licence subject to the conditions contained\nin Schedule 2 and to such other conditions as the local government considers appropriate.\n(2) In respect of a particular application for a licence, the local government may vary any of the\nconditions contained in Schedule 2.\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5311\n4.8 Fees\n(1) On lodging an application for a licence, the applicant is to pay a set fee to the local government.\n(2) On the issue or renewal of a licence, the licensee is to pay a set fee to the local government.\n(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a set fee to the\nlocal government.\n(4) The set fees referred to in subclauses (1) to (3) are to be imposed and determined by the local\ngovernment under sections 6.16 to 6.19 of the\n4.9 Form of licence\nThe licence is to be in the form determined by the local government from time to time and is to be issued\nto the licensee.\n4.10 Period of licence\n(1) The period of effect of a licence is set out in section 27(5) of the Act.\n(2) A licence is to be renewed if the set fee referred to in clause 4.8(2) is paid to the local government\nprior to the expiry of the licence.\n(3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have\neffect.\n4.11 Variation or cancellation of licence\n(1) The local government may vary the conditions of a licence.\n(2) The local government may cancel a licence—\n(a) on the request of the licensee;\n(b) following a breach of the Act, the Regulations or this local law; or\n(c) if the licensee is not a fit and proper person.\n(3) The date a licence is cancelled is to be, in the case of—\n(a) paragraph (a) of subclause (2), the date requested by the licensee; or\n(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act.\n(4) If a licence is cancelled the set fee paid for that licence is not refundable for the term of the licence\nthat has not yet expired.\n4.12 Transfer\n(1) A written application for the transfer of a valid licence from the licensee to another person must\nbe—\n(a) made by the transferee;\n(b) made with the written consent of the licensee; and\n(c) lodged with the local government together with—\n(i) written evidence that a person will reside at or within reasonably close proximity to the\npremises the subject of the licence;\n(ii) the set fee for the application for the transfer of a licence referred to in clause 4.8(3); and\n(iii) any other relevant information required.\n(2) The local government is not to determine an application for the transfer of a valid licence until the\ntransferee has complied with subclause (1).\n(3) The local government may approve, whether or not subject to such conditions as it considers\nappropriate, or refuse to approve an application for the transfer of a valid licence.\n(4) Where the local government approves an application for the transfer of a valid licence, then on the\ndate of approval, unless otherwise specified in the notice issued under clause 4.13(b), the transferee\nbecomes the licensee of the licence for the purposes of this local law.\n4.13 Notification\nThe local government is to give written notice to—\n(a) an applicant for a licence of the local government’s decision on her or his application;\n(b) a transferee of the local government’s decision on her or his application for the transfer of a\nvalid licence;\n(c) a licensee of any variation made under clause 4.11(1);\n(d) a licensee when her or his licence is due for renewal and the manner in which it may be\nrenewed;\n(e) a licensee when her or his licence is renewed;\n(f) a licensee of the cancellation of a licence under clause 4.11(2)(a); and\n(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.11(2), which\nnotice is to be given in accordance with section 27(6) of the Act.\n4.14 Inspection of kennel\nWith the consent of the occupier, an authorised person may inspect an approved kennel establishment\nat any time.\n\n","sortOrder":23},{"sectionNumber":"5312","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5312 GOVERNMENT GAZETTE, WA 10 November 2022\nPART 5—DOGS IN PUBLIC PLACES\n5.1 Places where dogs are prohibited absolutely\n(1) Designation of places where dogs are prohibited absolutely is dealt with in the Act.\n(2) If a dog enters or is in a place specified in subclause (1), every person liable for the control of the dog\nat that time commits an offence.\n(3) Subclause (2) does not apply to a dog who is being used as an assistance animal as defined in the\nDisability Discrimination Act 1992 (Commonwealth).\n5.2 Places which are dog exercise areas\nDesignation of places which are dog exercise areas is dealt with in the Act.\nPART 6—MISCELLANEOUS\n6.1 Fees and charges\nSet fees and charges are to be imposed and determined by the local government under sections 6.16 to\n6.19 of the\n6.2 Offence to excrete\n(1) A dog must not excrete on—\n(a) any thoroughfare or other public place; or\n(b) any land which is not a public place without the consent of the occupier.\n(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control\nof the dog at that time commits an offence.\n(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any\nexcreta is removed immediately by that person.\n6.3 Objections and appeals\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\nPART 7—ENFORCEMENT\n7.1 Offences\nA person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n7.2 General penalty\n(1) A person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding\n$100 for each day or part of the day during which the offence has continued.\n(2) Notwithstanding subclause (1) a person who commits an offence under clause 5.1(2) is liable, on\nconviction, to a penalty not exceeding $1,000.\n7.3 Modified penalties\n(1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be\nimposed.\n(2) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the modified\npenalty payable in respect of that offence if the dog is not a dangerous dog.\n7.4 Issue of infringement notice\nWhere an authorised person has reason to believe that a person has committed an offence in respect of\nwhich a modified penalty may be imposed, he or she may issue to that person a notice in the form of\nForm 2 of Schedule 1 of the\nLocal Government (Functions and General) Regulations 1996.\n7.5 Failure to pay modified penalty\nWhere a person who has received an infringement notice fails to pay the modified penalty within the\ntime specified in the notice, or within such further time as may in any particular case be allowed by the\nCEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty.\n7.6 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or within\nsuch further time as may in any particular case be allowed by the CEO, send or deliver to the local\ngovernment the amount of the penalty, with or without a reply as to the circumstances giving rise to\nthe offence, and the local government may appropriate that amount in satisfaction of the penalty and\nissue an acknowledgment.\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5313\n7.7 Withdrawal of infringement notice\n(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice in the form of Form 3 of Schedule 1 of the\nLocal Government\n(Functions and General) Regulations 1996.\n(2) A person authorised to issue an infringement notice under clause 7.4 cannot sign or send a notice of\nwithdrawal.\n7.8 Service of notices\nAn infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it\nat or posting it to her or his address as ascertained from her or him, or as recorded by the local\ngovernment under the Act, or as ascertained from inquiries made by the local government.\n————\nSchedule 1—Application for a licence for an approved kennel establishment\n[cl. 4.1]\nAn application for a licence for an approved kennel establishment shall contain the following\ninformation—\n(a) full name of applicant;\n(b) postal address;\n(c) email address;\n(d) landline and mobile telephone numbers as appropriate;\n(e) facsimile number if appropriate;\n(f) address of proposed kennel premises;\n(g) number of dogs;\n(h) breed of dogs if appropriate;\n(i) either—\n(i) name and contact details of the person residing on the premises, and date from which\ntaking up residence on the premises; or\n(ii) name, address and contact details of the person sufficiently close to the premises so as to\ncontrol the dogs and ensure their health and welfare, and date from which taking up\nresponsibility for the premises;\n(j) a site plan of the premises showing the location of the kennels and yards and all other buildings\nand structures and fences;\n(k) plans and specifications of the proposed kennel establishment;\n(l) copy of notice of proposed use to appear in newspaper;\n(m) copy of notice of proposed use to be given to adjoining premises;\n(n) 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 health\nand welfare; and\n(o) if the person in item (n) is not the applicant, written evidence that the person is a person in\ncharge of the dogs; and\n(p) signed by the applicant.\n————\nSchedule 2—Conditions of a licence for an approved kennel establishment\n[cl. 4.7]\nAn application for a licence for an approved kennel establishment may be approved subject to the\nfollowing conditions—\n(a) each kennel, unless it is fully enclosed, must have a yard attached to it;\n(b) each kennel and each yard must be at a distance of not less than—\n(i) 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\n","sortOrder":24},{"sectionNumber":"5314","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5314 GOVERNMENT GAZETTE, WA 10 November 2022\n(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed\nof dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel\nand the length of the dog is to be determined by measuring from the base of the tail to the front\nof its shoulder;\n(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the\nfloor area of the kennel or group of kennels to which it is attached;\n(f) the upper surface of the kennel floor must be—\n(i) at least 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 turn\nmust lead to a suitably sized diameter sewerage pipe which must be properly laid,\nventilated and trapped in accordance with the health requirements of the local\n(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to\napproved apparatus for the treatment of sewage in accordance with the health requirements of\nthe local government;\n(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) four times the height of the breed of dog in the kennel, when it is fully grown, measured\nfrom the floor to the uppermost tip of its shoulders while in a stationary upright position;\n(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted\ninternally and externally with good quality new zincalume or new pre-finished colour coated\nsteel sheeting or new fibrous cement sheeting or other durable material approved by the local\n(l) all external surfaces of each kennel must be kept in good condition;\n(m) the roof of each kennel must be constructed of impervious material;\n(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must\nbe cleaned and disinfected when so ordered by an authorised person;\n(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the\ntreatment of sewage;\n(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;\n(q) suitable water must be available at the kennel via a properly supported standpipe and tap; and\n(r) the licensee or the person nominated in the application for a licence, must, in accordance with\nthe application for the licence, continue to reside—\n(i) at the premises; or\n(ii) in the opinion of the local government, sufficiently close to the premises so as to control\nthe dogs, and to ensure their health and welfare.\n————\nSchedule 3—Prescribed offences\n[cl.7.3]\npenalty\n$\n1 3.1 Failing to provide means for effectively confining a dog 200\n2 6.2 Dog excreting in prohibited place 100\n————\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5315\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5317\nPUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2022\nLocal Government Act 1995 and under all other relevant powers,\nthe Council of the Shire of Kondinin resolved on 21 September 2022 to adopt the following local law.\nPRELIMINARY\nCitation\nShire of Kondinin Public Places and Local Government Property\nLocal Law 2022.\nCommencement\nThe local law comes into operation 14 days after the date of its publication in the\nRepeal\nThe following local laws are repealed—\n(a)\nMunicipality of the Shire of Kondinin By-laws Relating to Shire of Kondinin Public Swimming\nPool, published in the\nGovernment Gazette on 7 September 1966;\n(b)\nMunicipality of the Shire of Kondinin By-law Relating to Speed of Vehicles Driven on Land\nwhich is Vested in or under Care, Control or Management of the Shire of Kondinin, published\nin the\nGovernment Gazette on 30 May 1975;\n(c)\nMunicipality of the Shire of Kondinin By-laws Relating to Disposal of Obstructing Vehicles,\npublished in the\nGovernment Gazette on 30 January 1981;\n(d)\nMunicipality of the Shire of Kondinin By-laws Relating to Prevention of Damage to Streets,\npublished in the\nGovernment Gazette on 4 May 1990;\n(e)\nMunicipality of the Shire of Kondinin By-law Relating to Street Trading, published in the\nGovernment Gazette on 16 October 1992; and\n(f)\nMunicipality of the Shire of Kondinin By-law Relating to Reserves, published in the\nGovernment Gazette on 18 August 1995.\nTransitional provisions\n(1) An application for, or the renewal of a licence, permit or other authorisation made under a repealed\nlocal law that has not been finally determined before the commencement day is to be dealt with and\ndetermined as if it were an application under this local law.\n(2) A licence, permit or other authorisation under a repealed local law that is in force before the\ncommencement day is to be regarded on and after that day as a licence under this local law and may\nbe dealt with accordingly.\nDefinitions\n(1) In this local law—\nLocal Government Act 1995;\napplicant means a person who applies for a licence;\napplication means an application for a licence;\nauthorised person means a person appointed by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nboat means any ship, vessel or structure capable of being used in navigation by water, however\npropelled or moved, and includes a jet ski;\nbuilding means any building or structure which is local government property and includes any—\n(a) hall or room; and\n(b) corridor, stairway or annexe of any hall or room; and\n(c) the immediate environs of the building if the context requires, but does not include an\nopen space, a carpark or a similar;\nbuilding permit means a permit granted under section 20 of the\nBuilding Act 2011;\nbulk rubbish container means a bin or container designed or used for holding a substantial\nquantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does\nnot include a bin or container used in connection with the local government’s regular domestic\nrubbish collection service;\ncarriageway has the meaning given to it in the\n\n","sortOrder":25},{"sectionNumber":"5318","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5318 GOVERNMENT GAZETTE, WA 10 November 2022\nchildren’s playground means an area set aside for use by children and noted by the presence of\nany of the following—\n(a) dedicated children’s playground equipment,\n(b) the presence of either sand or other form of soft fall surface; or\n(c) a sign indicating the area is a children’s playground;\nclosed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or 3.50A\nof the Act;\ncommencement day means the day on which this local law comes into operation;\ncosts means all expenses directly associated with reinstatement or replacement, and includes\nadministrative expenses associated with reinstatement or replacement;\nCouncil means the council of the local government;\ncrossover means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\ndetermination means a determination made under clause 2.1;\nentertainment means—\n(a) the action of providing or being provided with amusement or enjoyment; or\n(b) an event, performance, or activity designed to entertain others;\nfootpath has the meaning given to it in the\nfunction means an event or activity characterised by all or any of the following—\n(a) formal organisation and preparation;\n(b) its occurrence is generally advertised or notified in writing to particular persons;\n(c) organisation by or on behalf of a club;\n(d) payment of a fee to attend it; and\n(e) systematic recurrence in relation to the day, time and place;\ngarden means any part of a thoroughfare planted, developed or treated, otherwise than as a lawn,\nwith one or more plants;\nhire includes offer to hire and expose for hire;\nintersection has the meaning given to it in the\nkerb includes the edge of a carriageway;\nlawn means any part of a thoroughfare which is planted only with grass, or with a similar plant,\nbut will include any other plant provided that it has been planted by the local government;\nlicence means a licence, permit or approval issued under this local law;\nlicence document means a licence document issued under this local law;\nlicensed premises has the same meaning as is given to it in section 3 of the Liquor Control Act;\nlicence holder means a person who holds a licence;\nliquor has the meaning given to it in section 3 of the Liquor Control Act;\nLiquor Control Act means the\nLiquor Control Act 1988;\nlocal government property means anything except a thoroughfare—\n(a) which belongs to or is leased by the local government;\n(b) of which the local government is the management body under the\nLand Administration\nAct 1997; or\n(c) which is an otherwise unvested facility within section 3.53 of the Act;\nlocal public notice has the meaning given to it in section 1.7 of the Act;\nlot has the meaning given to it in the\nPlanning and Development Act 2005;\nmarket means a collection of stalls, stands or displays erected for the purpose of selling or hiring\ngoods or services or carrying out any other transaction;\nnuisance means any activity, thing, condition, circumstance or state of affairs caused or\ncontributed to by a person which—\n(a) is injurious or dangerous to the health or safety of another person of normal\nsusceptibility; or\n(b) which has a disturbing effect on the state of reasonable physical, mental or social well\nbeing of another person;\nowner or occupier, in relation to land, does not include the local government;\npermitted verge treatment means any one of the treatments described in clause 6.7(3), and\nincludes any reticulation pipes and sprinklers;\nperson does not include the local government;\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5319\npublic place means—\n(a) a thoroughfare;\n(b) any local government property; or\n(c) a place to which the public have access;\nrepealed local law means a local law repealed under clause 1.4;\nrestricted local government property means local government property which by its nature or\nby sign erected by the local government property does not have public access, and includes—\n(a) a building used as a residence and the whole of the land on which it is situated;\n(b) a non-residential building occupied under an agreement with the local government and\nthe whole of the land on which it is situated;\n(c) land occupied under an agreement with the local government; and\n(d) buildings or land restricted by the local government for municipal purposes to ensure\npublic safety, or for community interest or benefit;\nSchedule means a schedule to this local law;\nsell includes—\n(a) offer or attempt to sell;\n(b) display for sale;\n(c) send, forward or deliver for sale or on sale;\n(d) barter or exchange;\n(e) dispose, by lot or chance or by auction;\n(f) supply, or offer, agree or attempt to supply—\n(i) in circumstances which the supplier derives or would be likely to derive a direct or\nindirect pecuniary benefit; or\n(ii) gratuitously, but with a view to gaining or maintaining custom or other commercial\nadvantage; or\n(g) authorise, direct, cause or permit to be done any act referred to in this definition;\nset fee refers to fees and charges imposed and determined by the local government under and in\naccordance with sections 6.16 to 6.19 of the Act;\nsign includes a notice, flag, mark, structure or device approved by the local government on which\nmay be shown words, numbers, expressions or symbols;\nstall means a movable or temporarily fixed structure, stand or table in, on or from which goods or\nservices are sold and includes a vehicle;\nstreet tree means any tree planted or self sown in a thoroughfare, of an appropriate species and\nin an appropriate location, for the purposes of contributing to the appearance of the\nthoroughfare;\nthoroughfare has the meaning given to it by the Act;\ntownsite means the following townsites constituted under section 26(2) of the\nLand\nAdministration Act 1997—\n(a) Kondinin;\n(b) Hyden; and\n(c) Karlgarin;\ntrading means selling or hiring goods or services and includes the setting up of a stall and\nconducting business at a stall;\nUAV means unmanned aircraft, other than a balloon or kite;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise; and\n(b) where the context permits, an animal being ridden or driven,\nbut excludes—\n(c) a wheelchair or any device designed for use by a physically impaired person on a footpath;\nand\n(d) a pram, stroller or similar device;\nverge means that part of a thoroughfare between the carriageway and the land which abuts the\nthoroughfare, but does not include any footpath; and\nwaste includes matter—\n(a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is\ndischarged into the environment; or\n(b) prescribed by regulations under the\nWaste Avoidance and Resource Recovery Act 2007\nto be waste.\nInterpretation\nIn this local law, a reference to local government property includes a reference to any part of local\ngovernment property.\n\n","sortOrder":26},{"sectionNumber":"5320","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5320 GOVERNMENT GAZETTE, WA 10 November 2022\nAssistance animals\nThis local law is subject to any written law and any law of the Commonwealth about assistance animals\nas defined in section 9(2) of the\nDisability Discrimination Act 1992 (Commonwealth).\nOverriding power to hire and agree\nDespite anything to the contrary in this local law, the CEO or an authorised person, on behalf of the\nlocal government, may—\n(a) hire local government property to any person; or\n(b) enter into an agreement with any person regarding the use of any local government property.\nDETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\nDeterminations as to use of local government property\nThe Council may make a determination in accordance with clause 2.2—\n(a) setting aside specified local government property for the pursuit of all or any of the activities\nreferred to in clause 2.7;\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on\nspecified local government property;\n(c) as to the matters in clauses 2.7(2) and 2.8(2); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\nProcedure for making a determination\n(1) The local government is to give local public notice of the intention to make a determination.\n(2) The local public notice referred to in subclause (1) is to state that—\n(a) the Council intends to make a determination, the purpose and effect of which is summarised\nin the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the local\ngovernment; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to—\n(a) give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) amend the proposed determination, in which case subclause (5) is to apply; or\n(c) not continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c), the Council is to—\n(a) consider those submissions; and\n(b) decide—\n(i) whether or not to amend the proposed determination; or\n(ii) whether or not to continue with the proposed determination.\n(5) If the Council decides to amend the proposed determination, local public notice is to be given—\n(a) of the effect of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the Council decides not to amend the proposed determination, local public notice is to be given\nthat the proposed determination has effect as a determination on and from the date of publication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication of\nthe local public notice referred to in subclauses (3), (5) and (6).\nDiscretion to erect sign\nThe local government may erect a sign on local government property to give notice of the effect of a\ndetermination which applies to that property.\nDetermination to be complied with\nA person shall comply with a determination.\nRegister of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act apply to the register referred to in subclause (1) and for that\npurpose the register is to be taken to be information within section 5.94(u)(i) of the Act.\nAmendment or revocation of a determination\n(1) The Council may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5321\n(3) If the Council revokes a determination local public notice is to be given of the revocation and the\ndetermination is to cease to have effect on the date of publication.\nActivities which may be pursued on specified local government property\n(1) A determination may provide that specified local government property is set aside as an area on\nwhich a person may—\n(a) take, ride or drive a vehicle, or a particular class of vehicle;\n(b) use a UAV;\n(c) use a children’s playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age;\n(d) launch, beach or leave a boat;\n(e) take or use a boat, or a particular class of boat;\n(f) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or not\nin specified areas of that local government property;\n(g) play or practise—\n(i) golf or archery;\n(ii) pistol or rifle shooting, but subject to the compliance of that person with the\nFirearms\nAct 1973; or\n(iii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\n(h) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; and\n(i) any other recreation activity.\n(2) A determination may specify the extent to which and the manner in which an activity referred to in\nsubclause (1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued;\n(b) that an activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is to be taken to be prohibited on all local government property other than that\nspecified in the determination;\n(d) may limit the activity to a class of vehicles, equipment or things, or may extend it to all vehicles,\nequipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\nActivities which may be prohibited on specified local government property\n(1) A determination may provide that a person is prohibited from pursuing all or any of the following\nactivities on specified local government property—\n(a) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device;\n(b) taking, riding or driving a vehicle on the property or a particular class of vehicle;\n(c) riding or driving a vehicle of a particular class or any vehicle above a specified speed;\n(d) taking or using a boat, or a particular class of boat;\n(e) the playing or practice of—\n(i) golf, archery, pistol shooting or rifle shooting; or\n(ii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\n(f) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; and\n(g) the traversing of land which in the opinion of the local government has environmental value\nwarranting such protection, either absolutely or except by paths provided for that purpose.\n(2) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in subclause (1) and, in particular—\n(a) the days and times during which the activity is prohibited;\n(b) that an activity is prohibited on a class of local government property, specified local government\nproperty or all local government property;\n(c) that an activity is prohibited in respect of a class of vehicles, equipment or things, or all\nvehicles, equipment or things;\n(d) that an activity is prohibited in respect of a class of persons or all persons; and\n(e) may distinguish between different classes of the activity.\n\n","sortOrder":27},{"sectionNumber":"5322","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5322 GOVERNMENT GAZETTE, WA 10 November 2022\nSign under repealed local law taken to be determination\n(1) Where a sign erected on local government property has been erected under a repealed local law,\nthen it is to be taken to be and have effect as a determination on and from the commencement day,\nexcept to the extent that the sign is inconsistent with any provision of this local law or any\ndetermination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in subclause (1).\nACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A LICENCE\nActivities requiring a licence\n(1) A person shall not without a licence—\n(a) subject to subclause (3) hire local government property;\n(b) advertise anything by any means on local government property;\n(c) erect, on local government property a structure for public amusement or for any performance,\nwhether for gain or otherwise;\n(d) teach, coach or train, for profit, any person in any facility which is local government property;\n(e) plant any plant or sow any seeds on local government property;\n(f) carry on any trading on local government property unless the trading is conducted—\n(i) with the consent of a person who holds a licence to conduct a function, and where the\ntrading is carried on under and in accordance with the licence; or\n(ii) by a person who has a licence or permit to carry on trading on local government property\nunder any written law;\n(g) conduct or set up a market on local government property or public place;\n(h) unless an employee of the local government in the course of her or his duties or on an area set\naside for that purpose—\n(i) drive or ride or take any vehicle on to local government property; or\n(ii) park or stop any vehicle on local government property;\n(i) conduct a function or entertainment event on local government property;\n(j) charge any person for entry to local government property, unless the charge is for entry to land\nor a building hired by a voluntary non-profit organisation;\n(k) light a fire on local government property except in a facility provided for that purpose;\n(l) parachute, hang glide, abseil or base jump from or on to local government property;\n(m) erect a building or a refuelling site on local government property;\n(n) make any excavation on or erect or remove any fence on local government property;\n(o) erect or install any structure above or below ground, which is local government property, for\nthe purpose of supplying any water, power, sewer, communication, television or similar service\nto a person;\n(p) depasture any horse, sheep, cattle, goat, camel, ass or mule on local government property;\n(q) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly;\n(r) erect, install, operate or use any broadcasting, public address system, loudspeaker or other\ndevice for the amplification of sound on local government property;\n(s) conduct an entertainment event on local government property; or\n(t) film or make a recording as part of or for commercial gain on local government property.\n(2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the\napplication of that person.\n(3) The CEO or an authorised person may exempt specified local government property or a class of local\ngovernment property from the application of subclause (1)(a).\nLicence to erect structures or camp\ncamp unless the context requires otherwise has the same meaning as given to it in section 5 of the\nCaravan Parks and Camping Grounds Act 1995;\ncaravan has the same meaning as given to it in section 5 of the\nGrounds Act 1995;\nfacility has the same meaning as is given to it in section 5(1) of the\nGrounds Act 1995;\npark home has the same meaning as given to it in section 5 of the\nGrounds Act 1995; and\nstructure includes a caravan, park home, or camp.\n(2) This clause does not apply to a caravan park or camping ground operated by the local government.\n(3) A person shall not without a licence—\n(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local\ngovernment property;\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5323\n(b) erect any tent, camp, hut or similar structure on local government property other than a shade\nor windbreak erected for use during the hours of daylight and which is dismantled during those\nhours on the same day; or\n(c) park a vehicle on local government property, thoroughfare or public place for the purpose of\nsleeping in the vehicle.\n(4) The maximum period for which the local government may approve an application for a licence in\nrespect of paragraph (a) or (b) of subclause (2) is that provided in regulation 11(2)(a) of the\nCaravan\nParks and Camping Grounds Regulations 1997.\nLicence required for possession and consumption of liquor\n(1) A person shall not offer for sale, consume, have in her or his possession or under her or his control\non local government property, any liquor unless—\n(a) permitted under the Liquor Control Act; and\n(b) a licence has been obtained for that purpose from the local government.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nBEHAVIOUR ON LOCAL GOVERNMENT PROPERTY\nIn this Part—\nlocal government property includes any structure, facility or item constructed or owned by the\nlocal government which may be situated on land not under the local government’s\nmanagement.\nRestricted local government property\nNothing in this local law is to be construed as—\n(a) permitting access to or activities by the public on restricted local government property without\nthe express approval—\n(i) in the case of a building used as a residence and the whole of the land on which it is\nsituated, by the occupier or authorised representative of the occupier;\n(ii) in the case of a non-residential building occupied under an agreement with the local\ngovernment, the building and the whole of the land on which it is situated, by the person\noccupying the building;\n(iii) in the case of land occupied under an agreement with the local government, by the person\noccupying the land; and\n(iv) in the case of a building or land restricted by the local government for municipal purposes\nto ensure public safety, or for community interest or benefit, by the CEO or an authorised\nperson; and\n(b) limiting the right of the occupier of restricted local government property to full use of that\nproperty for their private enjoyment as permitted by law or by agreement with the local\ngovernment.\nBehaviour which interferes with others\nIn or on any local government property, a person shall not, behave in a manner which—\n(a) is likely to interfere with the enjoyment of a person who might use or who might be on the\nproperty; or\n(b) interferes with the enjoyment of a person using the property.\nBehaviour detrimental to property\nA person shall not behave in or on local government property in a way which is or might be detrimental\nto the property, including but not limited to—\n(a) removing any thing from the local government property including a rock, a plant or a seat\nprovided for the use of any person; and\n(b) destroying, defacing or damaging any thing on the local government property, including a\nplant, a seat provided for the use of any person or a building.\nNo unauthorised entry to function\n(1) A person shall not enter local government property on such days or during such times as the property\nis set aside for a function, except—\n(a) through the proper entrance for that purpose; and\n(b) on payment of any fee chargeable for admission as determined by the hirer at the time.\n(2) The CEO or an authorised person may exempt a person from compliance with subclause (1)(b).\nTaking or injuring fauna\nanimal means any living thing that is not a human being or plant;\n\n","sortOrder":28},{"sectionNumber":"5324","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5324 GOVERNMENT GAZETTE, WA 10 November 2022\nfauna means any animal indigenous to or which periodically migrates to any State or Territory of\nthe Commonwealth or the territorial waters of the Commonwealth and includes in relation to\nany such animal—\n(a) any class of animal or individual member;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur unless it has been shed or discarded by the fauna in a\nnormal or natural manner.\n(2) A person shall not, take, injure or kill or attempt to take, injure or kill any fauna which is on or\nabove any local government property, unless that person is authorised under a written law to do so.\nFlora\nflora means all vascular plants, seeds and other flora, whether living or dead.\n(2) On or above any local government property unless authorised to do so under a written law or with\nthe written approval of the CEO or an authorised person, a person shall not—\n(a) remove, damage or interfere with any flora; or\n(b) plant or deposit any flora.\nAnimals\nUnless otherwise approved by the CEO, an authorised person or authorised by other written law, a\nperson shall not on any local government property—\n(a) tether any animal other than a dog, to an object or tree; or\n(b) permit any animal other than a dog, to enter unless authorised by a licence.\nWaste\nA person shall not deposit or discard waste on local government property except—\n(a) in a place or receptacle set aside by an authorised person for that purpose; and\n(b) in accordance with any conditions that may be specified on the receptacle or a sign.\nVehicles on local government property\n(1) Unless authorised by a licence or determination, a person shall not take or cause a vehicle to be\ntaken onto or driven on local government property unless—\n(a) subject to subclause (3), the local government property is clearly designated as a road, access\nway, or car park;\n(b) the vehicle is driven by a local government employee, authorised person or contractor engaged\nby the local government, who is engaged in—\n(i) providing a service or making a delivery in connection with the local government\nproperty; or\n(ii) maintaining the local government property;\n(c) the person is driving an emergency vehicle in the course of his or her duties;\n(d) the vehicle is—\n(i) used in accordance with the conditions set down by the local government or an authorised\nperson; and\n(ii) of a type allowed to be taken onto the local government property by the local government\nor an authorised person; or\n(e) the vehicle is a motorised wheelchair, and the driver of that vehicle is a person with a disability.\n(2) A person shall not drive a vehicle or allow a vehicle to be driven on local government property at a\nspeed exceeding 20 kilometres per hour or as otherwise indicated by a sign, or in such a manner as to\ncause danger to any person.\n(3) Other than in accordance with subclause (1)(b), (c), (d) or (e), a person shall not drive a vehicle on\nlocal government property or part of it that is being used for a function for which a licence has been\nobtained unless permitted to do so by the licence holder or an authorised person.\nUAVs\nA person shall not use a UAV on or from local government property except where a licence or\ndetermination specifies a particular local government property.\nArchery, pistol or rifle shooting\nA person shall not play or practise archery, pistol or rifle shooting on local government property except\non land which is reserved by the local government for that purpose, or as otherwise provided by a\ndetermination or licence.\nPlaying or practising golf\nA person shall not play or practise golf on local government property except where a licence or\ndetermination specifies a particular local government property.\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5325\nProhibition relating to bicycles, skateboards etc. on local government property\nUnless the local government property is clearly identified for the purpose or with the approval of an\nauthorised person, a person shall not, use or ride a bicycle or wheeled recreational device, skateboard\nor roller-blades, or sand board or similar devices on any local government property—\n(a) inside, or on the curtilage to, a building;\n(b) which has been prepared or is intended for another purpose: or\n(c) in or on a lakebed or waterway.\nMATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\nNo entry to fenced, closed or restricted local government property\n(1) Unless that person is authorised to do so by the CEO or an authorised person, a person shall not\nenter onto—\n(a) local government property which has been fenced off or closed to the public by a sign or\notherwise unless that person is authorised to do so by the local government, or\n(b) restricted local government property except in accordance with clause 4.2.\n(2) Nothing in this local law is to be construed as preventing the access necessary by persons empowered\nto do so under a written law.\nOnly specified gender to use entry of toilet block or change room\n(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or\nchange room is to be used by—\n(a) females—then a person of the male gender shall not use that entry of the toilet block or change\nroom;\n(b) males—then a person of the female gender shall not use that entry of the toilet block or change\nroom; or\n(c) families—then, where the toilet block or change room is being used by a family, only an\nimmediate member of that family may use that entry of the toilet block or change room.\n(2) Subclause (1)(a) and (d) does not apply to a child, when accompanied by a parent, guardian or\ncaregiver, where the child is—\n(a) under the age of 8 years; or\n(b) otherwise permitted by an authorised person to use the relevant entry.\nUse of shower or bath facilities\nA person may use a shower or bath facility in change rooms only on conditions that—\n(a) the facilities shall be used by the person only for the purpose of cleansing, bathing and washing\nthemselves; and\n(b) the facilities shall not be used for the purpose of laundering of clothing or washing of other\narticles.\nACTIVITIES IN THOROUGHFARES\nDivision 1—General\nGeneral prohibitions\nA person shall not—\n(a) plant, or allow to remain, in a thoroughfare a plant that is or may become an obstruction to a\nreasonable sight line for a driver of any vehicle negotiating or using the thoroughfare;\n(b) damage a lawn or a garden, or remove any plant or part of a plant from a lawn or a garden, in\na thoroughfare unless—\n(i) the person is the owner or the occupier of the lot abutting that portion of the thoroughfare\nand the lawn or the garden or the particular plant has not been installed or planted by\nthe local government; or\n(ii) the person is acting under the authority of a written law;\n(c) damage, or remove a street tree, or part of a street tree, irrespective of whether it was planted\nby the owner or occupier of the lot abutting the thoroughfare or by the local government,\nunless—\n(i) the damage to, or removal of, the street tree is authorised by an authorised person in\nwriting; or\n(ii) the person is acting under authority of written law;\n(d) except as permitted by this local law place, or allow to be planted, placed or remain, on a\nthoroughfare any thing (except water) that—\n(i) obstructs the thoroughfare; or\n(ii) results in a hazard for any person using the thoroughfare;\n(e) unless at the direction of an authorised person, damage, remove or interfere with any part of a\nthoroughfare, or any structure erected on a thoroughfare, by the local government or a person\nacting under the authority of a written law; or\n\n","sortOrder":29},{"sectionNumber":"5326","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5326 GOVERNMENT GAZETTE, WA 10 November 2022\n(f) play or participate in any game or sport so as to cause danger to any person or thing or\nunreasonably impede the movement of vehicles or persons on a thoroughfare.\nActivities allowed with a licence\n(1) A person shall not, without a licence—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) throw, place or deposit any thing on a verge except for removal by the local government under\na bulk rubbish collection, and then only in accordance with the terms and conditions and during\nthe period of time advertised in connection with that collection by the local government;\n(c) cause any obstruction to a vehicle or a person using a thoroughfare;\n(d) cause any obstruction to a water channel or a water course in a thoroughfare;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare;\n(f) damage a thoroughfare;\n(g) fell or damage any street tree;\n(h) fell any tree onto a thoroughfare;\n(i) light any fire or burn any thing on a thoroughfare other than in a stove or fireplace provided\nfor that purpose;\n(j) unless installing, or in order to maintain, a permitted verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n(ii) place or install, on any part of a thoroughfare, any thing such as gravel, stone, flagstone,\ncement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips, bark\nor sawdust;\n(k) provide, erect, install or use in or on any building, structure or land abutting on a thoroughfare\nany hoist or other thing for use over the thoroughfare;\n(l) on a thoroughfare use anything or do anything so as to create a nuisance;\n(m) place or cause to be placed on a thoroughfare a bulk rubbish container;\n(n) interfere with the soil of, or anything in, a thoroughfare or take anything from a thoroughfare;\n(o) conduct or carry on any trading on a thoroughfare;\n(p) conduct, carry on or set up a market on a thoroughfare; or\n(q) conduct or carry on an entertainment event on a thoroughfare.\n(2) An authorised person may exempt a person from compliance with subclause (1) on the application\nof that person.\nAssignment of numbers\nnumber means a number with or without an alphabetical suffix indicating the street address of\nland as assigned by the local government from time to time, in accordance with this local law.\n(2) The CEO or an authorised person may assign a number to a lot in the district and may assign\nanother number to the lot instead of that previously assigned.\nNo driving on closed thoroughfare\nA person shall not drive or take a vehicle on a thoroughfare wholly or partially closed under section\n3.50 or 3.50A of the Act unless—\n(a) it is in accordance with any limit or exception specified in the order made under section 3.50 of\nthe Act; or\n(b) the person has first obtained a licence.\nFencing of public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nA public place, as that term is defined in clause 1.6, is specified as a public place for the purpose of item\n4(1) of Division 1 of Schedule 3.1 of the Act.\n","sortOrder":30},{"sectionNumber":"Div 2","sectionType":"division","heading":"Permitted verge treatments","content":"Division 2—Permitted verge treatments\nThis Division only applies to townsites.\nPermitted verge treatments\n(1) A person shall not install or maintain a verge treatment which is not a permitted verge treatment.\n(2) An owner or occupier of land which abuts on a verge may install a permitted verge treatment, on\nthat part of the verge directly in front of her or his land.\n(3) A permitted verge treatment is–\n(a) the planting and maintenance of a lawn;\n(b) the planting and maintenance of a garden provided that—\n(i) clear sight visibility is maintained at all times for a person using the abutting\nthoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a\ndriveway on land adjacent to the thoroughfare for access to or from the thoroughfare;\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5327\n(ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of\n2m along that part of the verge immediately adjacent to the kerb;\n(iii) it does not include a wall or built structure; and\n(iv) is not of a thorny, poisonous or hazardous nature;\n(c) subject to subclause (4), the installation of material which does not detract from the amenity\nof the area, including but not limited to—\n(i) bituminous surface or in-situ concrete, subject to reduction of area shedding of storm\nwater or flooding;\n(ii) use of paving bricks or concrete slabs; and\n(iii) all forms of loose aggregate materials such as pebbles, stones and gravel, not larger than\n50mm and contained within the verge area at all times; and\n(d) other treatment approved by the local government.\n(4) Where installation of material which would create a hard surface has been installed or is intended,\nan authorised person may by written notice, require—\n(a) a reduction of area covered or to be covered, if shedding of storm water or flooding is likely to\ncause a nuisance to neighbours or users of a thoroughfare; and\n(b) an area of open space to a maximum of 1m from the edge of a street trees.\n(5) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each\nto be taken to have installed and maintained that verge treatment for the purposes of this clause and\nclause 6.9.\nObligations of owner or occupier\nAn owner or occupier who installs or maintains a permitted verge treatment shall—\n(a) keep the permitted verge treatment in a good and tidy condition and, where the verge\ntreatment is a garden or lawn, ensure that a footpath on the verge and a carriageway adjoining\nthe verge is not obstructed by the verge treatment;\n(b) ensure that clear sight visibility is maintained at all times for a person using the abutting\nthoroughfare in the vicinity of an intersection or bend in a carriageway, or using a driveway on\nland adjacent to the thoroughfare for access to or from the thoroughfare;\n(c) not place any obstruction on or around the verge treatment;\n(d) not disturb a footpath on the verge;\n(e) ensure that the verge treatment does not damage or obstruct a drain, manhole, galley,\ninspection pit, channel, kerb or tree planted by the local government; and\n(f) ensure that any sprinklers or pipes installed to irrigate a verge treatment—\n(i) do not protrude above the level of the lawn or verge treatment when not in use;\n(ii) are not used at such times so as to cause unreasonable inconvenience to pedestrians or\nother persons; and\n(iii) do not otherwise present a hazard to pedestrians or other persons.\nTransitional provision\nformer provisions means the provisions of the repealed local laws which permitted certain types\nof verge treatments, whether with or without the consent of the local government.\n(2) A verge treatment is to be taken to be a permitted verge treatment for so long as the verge treatment\nremains of the same type and continues to comply with the former provisions which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the former provisions.\nPower to carry out public works on verge\nWhere the local government or an authority is empowered to do so under a written law disturbs a verge,\nthe local government or the authority—\n(a) is not liable to compensate any person for that disturbance;\n(b) may backfill with sand, if necessary, any garden or lawn; and\n(c) is not liable to replace or restore any—\n(i) verge treatment and, in particular, any plant or any material or other hard surface; or\n(ii) sprinklers, pipes or other reticulation equipment.\n","sortOrder":31},{"sectionNumber":"Div 3","sectionType":"division","heading":"Vehicle crossovers","content":"Division 3—Vehicle crossovers\nTemporary crossovers\n(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the\nlot, the person responsible for the works shall obtain a licence for the construction of a temporary\ncrossover to protect the existing carriageway, kerb, drains, footpath, existing materials and street trees,\nwhere—\n(a) a crossover does not exist; or\n\n","sortOrder":32},{"sectionNumber":"5328","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5328 GOVERNMENT GAZETTE, WA 10 November 2022\n(b) a crossover does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossover.\n(2) The person responsible for the works in subclause (1) is to be taken to be—\n(a) the builder named on the building permit issued under the\nBuilding Act 2011, if one has been\nissued in relation to the works; or\n(b) the owner of the lot, if no building permit has been issued under the\nBuilding Act 2011 in\nrelation to the works.\n(3) If the CEO or an authorised person approves an application for a licence for the purpose of subclause\n(1), the licence is taken to be issued on the condition that until such time as the temporary crossover is\nremoved, the licence holder shall keep the temporary crossover in good repair and in such a condition\nso as not to create any danger or obstruction to persons using the thoroughfare.\nRemoval of redundant crossover\n(1) Where works on a lot will result in a crossover no longer giving access to a lot, the crossover is to be\nremoved and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the\nremoval are to be reinstated to the satisfaction of an authorised person.\n(2) The CEO or an authorised person may give written notice to the owner or occupier of a lot requiring\nher or him within the period of time stated in the notice to—\n(a) remove any part of or all of a crossover which does not give access to the lot; and\n(b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may be\naffected by the removal.\nCrossovers in unsafe locations\n(1) Where a crossover is in an unsafe location, the local government may give notice to the owner or\noccupier to—\n(a) remove the crossover; or\n(b) make the crossover safe.\n(2) In determining whether the crossover is in an unsafe location, the local government shall have\nregard to—\n(a) any guidelines or advice Main Roads Western Australia sought or published from time to time;\n(b) the usage of the thoroughfare; and\n(c) alternative treatments available to make the crossover safe.\n(3) Any notice issued under subclause (1) is to give a minimum period of 28 days to remove or make the\ncrossover safe, provided immediate measures are taken to advise users of the thoroughfare of the\ncircumstances deemed unsafe.\nACTIVITIES IN PUBLIC PLACES\nLeaving animal or vehicle in public place\n(1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place so that it\nobstructs the use of any part of that public place, unless that person has first obtained a licence or is\nauthorised to do so under a written law.\n(2) A person does not contravene subclause (1) where the animal is secured or tethered for a period not\nexceeding 1 hour.\n(3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24\nhours.\nProhibitions relating to animals\n(1) In this clause,\nowner in relation to an animal includes—\n(a) an owner of it;\n(b) a person in possession of it;\n(c) a person who has control of it; and\n(d) a person who ordinarily occupies the premises where the animal is permitted to stay.\n(2) An owner of an animal shall not—\n(a) allow the animal to enter or remain for any time on any public place except for the use of the\npublic place as a thoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a\npublic place; or\n(c) train or race the animal in a public place.\n(3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare, unless that person does\nso under a licence or under the authority of a written law.\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5329\nTEMPORARY SIGNS\nDefinitions\nIn this Part, unless the context otherwise requires—\nadvertising sign means a temporary sign or poster which advertises a business, products or\nservices for commercial gain;\nelection sign means a temporary sign or poster which advertises any aspect of a forthcoming\nFederal, State or local government election;\nevent sign means a temporary sign or poster which advertises an event, function or activity;\ntemporary sign means a sign used for the purpose of advertisement or notification, whether free\nstanding or requiring to be affixed to a structure of any type, and includes—\n(a) a bill, poster and the like;\n(b) a banner or flag;\n(c) an advertising sign;\n(d) an event sign;\n(e) an election or political sign; and\n(f) a direction sign to a place or event.\nAny sign that is to be a permanent structure or fixture is to comply with—\n(a) the Building Code as defined in section 3 of the\nBuilding Regulations 2012;\n(b) any local planning scheme of the local government made under the\nPlanning and Development\nAct 2005; and\n(c) any other written law regulating of signs within the district.\nTemporary signs\n(1) On local government property or in a thoroughfare, a person shall not, without a licence—\n(a) place a temporary sign; or\n(b) post any bill or paint, place or affix any advertisement.\n(2) Notwithstanding subclause (1), a licence is not required for a temporary sign that is—\n(a) otherwise compliant with clauses 8.5, 8.6, 8.7, 8.8 and 8.9;\n(b) placed flat against a wall or constructed fence for the full length and height of the sign;\n(c) for the purposes of a sporting, charitable or not for profit organisation; and\n(d) does not exceed a number of signs considered reasonable at the discretion of the CEO.\nMatters to be considered in determining application for licence\nIn determining an application for a licence for the purpose of clause 8.3(1), matters the local government\nis to have regard to include—\n(a) any other written law regulating the construction or placement of signs within the district;\n(b) the dimensions of the sign;\n(c) whether or not the sign may create a hazard to persons using a thoroughfare;\n(d) other signs already approved or erected in the vicinity of the proposed location of the sign;\n(e) any other condition that may be imposed; and\n(f) the amount of the public liability insurance cover, if any, to be obtained by the applicant.\nConditions for temporary signs\nUnless otherwise approved by the local government, temporary signs shall—\n(a) be portable and free-standing or temporarily affixed so as there is no resulting damage to any\nthing;\n(b) be secured in position in accordance with any requirements of the local government;\n(c) be placed so as not to impede or obstruct either vehicle or pedestrian traffic, or access to a place\nby any person;\n(d) be placed so as not to obstruct lines of sight for vehicle traffic;\n(e) not be unduly distracting, in the opinion of an authorised person, if illuminated or incorporating\nreflective or fluorescent materials;\n(f) not contain any offensive wording, symbols or images in the opinion of an authorised person;\n(g) not display only part of a message which is to be read with other separate signs in order to\nobtain the whole message;\n(h) be maintained in good condition;\n(i) be in compliance with any limitation of the number of signs notified in writing by the local\ngovernment; and\n(j) unless flat against a wall or fence not exceed—\n(i) 0.75 square metres in area; and\n(ii) not exceed 750mm horizontally.\n\n","sortOrder":33},{"sectionNumber":"5330","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5330 GOVERNMENT GAZETTE, WA 10 November 2022\nProhibition on placement of temporary signs\nUnless otherwise approved by the local government a temporary sign shall not be placed—\n(a) on any natural feature, including a rock or tree, on local government property or a\nthoroughfare; and\n(b) on any bridge or the structural approaches to a bridge.\nAdditional conditions for advertising signs\nUnless otherwise approved by the local government an advertising sign shall—\n(a) relate only to the business activity, or placed with the consent of the owner or occupier of the\nadjoining premises; and\n(b) be in place only during the hours of the business activity or the event being advertised.\nAdditional conditions for event signs\nUnless otherwise approved by the local government an event sign shall—\n(a) relate only to the event, function or activity advertised; and\n(b) not be placed more than 42 days prior to the event, function or activity being advertised.\nAdditional conditions for election signs\nAn election sign shall not be erected until the election to which it relates has been officially announced.\nRemoval of temporary signs\n(1) Unless otherwise specified a temporary sign is to be removed within 10 working days of the event\nor activity.\n(2) The local government may remove non-complying signs without notice and recover costs from the\nperson placing the sign or named as beneficiary on the sign.\nSIGNS AND POWERS TO GIVE DIRECTIONS\nSigns installed by the local government\n(1) The local government may install a sign in public places specifying any conditions of use which apply\nto that public place, local government property or thoroughfare.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving\nnotice of the effect of a provision of this local law.\n(4) Clause 2.5 does not apply to a sign referred to in subclause (1);\nTransitional provision\nWhere a sign in a public place, on local government property or on a thoroughfare or has been erected\nunder a repealed local law then, on and from the commencement day, it is to be taken to be a sign\nerected under clause 9.1 if—\n(a) the sign specifies a condition of use relating to the thoroughfare which gives notice of the effect\nof a provision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\nAuthorised person to be obeyed\n(1) A person on or in local government property that is given a lawful direction by the CEO or an\nauthorised person shall comply with that direction.\n(2) A person shall not obstruct or hinder an authorised person in the performance of that person’s duties.\nRefusal of entry and removal\n(1) If the CEO or an authorised person reasonably suspects that a person is breaching, or has just\nbreached, a provision of this local law or any other written law, the CEO or authorised person may—\n(a) refuse to allow that person to enter local government property;\n(b) if the person is on local government property, direct the person to leave the local government\nproperty; and\n(c) specify a period of up to 30 calendar days within which the person is not to re-enter the local\ngovernment property.\n(2) A person who has been refused entry or who has been directed to leave under subclause (1) shall\nimmediately leave the local government property quickly and peaceably.\n(3) If a person fails to comply with subclause (2), the CEO or an authorised person may remove the\nperson, or arrange for the person to be removed, from the local government property.\n(4) The CEO or an authorised person may reduce the period specified in subclause (1)(c) on application\nof the person who has been directed not to re-enter local government property.\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5331\nDisposal of lost property\nAn article left on any local government property, and not claimed within a period of 3 months, may be\ndisposed of by the CEO or an authorised person—\n(a) if the value of the property is reasonably believed to exceed the amount prescribed by regulation\n30(3) of the\nLocal Government (Functions and General) Regulations 1996, using the process\nunder section 3.58 of the Act for the sale of the article as if it was property referred to in that\nsection;\n(b) if the article is reasonably believed to be of a negligible or little value or likely to be of no\ninterest to a not for profit body, in any manner he or she thinks fit; or\n(c) in any other case, by donation to a not for profit body incorporated under the\nAssociations\nIncorporations Act 2015.\nLICENCES\nDivision 1—Applying for a licence\nApplication for licence\n(1) Where a person is required to obtain a licence under this local law, that person shall apply for the\nlicence in accordance with subclause (2).\n(2) An application for a licence under this local law shall—\n(a) be in the form determined by the CEO or an authorised person;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\n(d) be forwarded to the local government together with any set fee.\n(3) The CEO or an authorised person may require an applicant to provide additional information\nreasonably related to an application before determining an application for a licence.\n(4) The CEO or an authorised person may require an applicant to give local public notice of the\napplication for a licence.\n(5) The CEO or an authorised person may refuse to consider an application for a licence which is not in\naccordance with subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied.\nDecision on application for licence\n(1) The CEO or an authorised person may—\n(a) approve an application for a licence unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a licence.\n(2) If the CEO or an authorised person approves an application for a licence, written notice of approval\nis to be issued to the applicant.\n(3) If an authorised person refuses to approve an application for a licence, written notice of that refusal\nis to be given to the applicant.\n(4) The CEO or an authorised person may, at any time, amend a condition of approval and the amended\ncondition takes effect when written notice of it is given to the licence holder.\nGeneral restrictions on grant of licence\n(1) The CEO or an authorised person shall not grant a licence if there are reasonable grounds for\nbelieving that the carrying on of the activity to which the application relates would constitute an\nunacceptable risk to the safety of the public.\n(2) The CEO or an authorised person shall not grant a licence unless satisfied that—\n(a) the applicant is capable of carrying on the activity in accordance with this local law and the\nterms and conditions of the licence;\n(b) the public place at which the activity is to be provided is suitable for that purpose;\n(c) a licence or similar authority granted or issued to the applicant has not been cancelled in the\nperiod of 5 years before the application is made; and\n(d) the applicant is a fit and proper person to carry on the activity.\nAmendment of licence\n(1) The CEO or an authorised person may, by written notice given to the licence holder, amend a\nlicence—\n(a) imposing any new condition; or\n(b) change or remove any existing condition.\n(2) An amendment may be made on application made by the licence holder or on the initiative of the\nCEO or an authorised person.\n(3) An amendment will come into effect on the day that written notice is given to the licence holder, or\nsome other date as specified in the notice.\nFalse or misleading statement\nA person shall not make a false or misleading statement in connection with an application in respect of\na licence under this local law.\n\n","sortOrder":34},{"sectionNumber":"5332","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5332 GOVERNMENT GAZETTE, WA 10 November 2022\nDivision 2—Conditions of licences\nExamples of conditions\n(1) Examples of the conditions that an authorised person may impose on a licence under clause\n10.2(1)(a) or 10.4(1)(a) are conditions relating to—\n(a) the payment of a set fee;\n(b) compliance with a standard or a policy adopted by the local government;\n(c) the duration and commencement of the licence;\n(d) the commencement of the licence being contingent on the happening of an event;\n(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(f) the approval of another application for a licence which may be required by the local government\nunder any written law;\n(g) the area of the district to which the licence applies;\n(h) where a licence is issued for an activity which will or may cause damage to local government\nproperty, the payment of a deposit or bond against such damage; and\n(i) the obtaining of public risk insurance in an amount and on terms reasonably required by an\nauthorised person.\n(2) Examples of the type and content of the conditions on which a licence to hire local government\nproperty may be issued include—\n(a) when set fees and charges are to be paid;\n(b) payment of a bond against possible damage or cleaning expenses or both;\n(c) restrictions on the erection of material or external decorations;\n(d) rules about the use of furniture, plant and effects;\n(e) limitations on the number of persons who may attend any function in or on local government\n(f) the duration of the hire;\n(g) the right of an authorised person to cancel a booking during the course of an annual or seasonal\nbooking, if an authorised person sees fit;\n(h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first obtained\nfor that purpose under the Liquor Control Act;\n(i) whether or not the hire is for the exclusive use of the local government property;\n(j) the obtaining of a policy of insurance in the names of both the local government and the hirer,\nindemnifying the local government in respect of any injury to any person or any damage to any\nproperty which may occur in connection with the hire of the local government property by the\nhirer; and\n(k) the provision of an indemnity from the hirer, indemnifying the local government in respect of\nany injury to any person or any damage to any property which may occur in connection with\nthe hire of the local government property by the hirer.\nImposing conditions under a policy\npolicy means a local government policy adopted by the Council under section 2.7(2)(b) of the\nAct containing conditions subject to which an application for a licence may be approved under\nclause 10.2(1)(a).\n(2) Under clause 10.2(1)(a) the CEO or an authorised person may approve an application subject to\nconditions by reference to a policy.\n(3) The CEO or an authorised person shall give to the licence holder a copy of the policy or, at the\ndiscretion of the CEO or the authorised person, the part of the policy which is relevant to the application\nfor a licence, with the written notice of approval referred to in clause 10.2(2).\n(4) An application for a licence is not to be taken to have been approved subject to the conditions\ncontained in a policy until the CEO or an authorised person gives the licence holder a copy of the policy\nor the part of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act apply to a policy and, for that purpose, a policy is deemed to be\ninformation within section 5.94(u)(i) of the Act.\nCompliance with conditions\nWhere an application for a licence has been approved subject to conditions, the licence holder shall\ncomply with each of those conditions, as amended.\nDivision 3—Duration of licences\nDuration of licence\nA licence is valid for one year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the licence; or\n(b) suspended or cancelled under this Division.\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5333\nRenewal of licence\n(1) A licence holder may apply to the local government for the renewal of a licence.\n(2) An application for renewal shall—\n(a) be in the form determined by the local government;\n(b) be signed by the licence holder;\n(c) provide the information required by the form;\n(d) be forwarded to the local government no later than 28 days before the expiry of the licence, or\nwithin a shorter period that the local government in a particular case permits; and\n(e) be accompanied by any set fee.\n(3) The provisions of this Part that apply to an application for a licence also apply to an application for\nthe renewal of a licence as though it were an application for a licence.\nTransfer of licence\n(1) An application for the transfer of a valid licence is—\n(a) to be made in writing;\n(b) to be signed by the licence holder and the proposed transferee of the licence;\n(c) to include such information as the CEO or an authorised person may require to enable the\napplication to be determined; and\n(d) to be forwarded to the local government together with any set fee.\n(2) The CEO or an authorised person may—\n(a) approve an application for the transfer of a licence;\n(b) approve the application subject to any conditions; or\n(c) refuse to approve the application.\n(3) Where the CEO or an authorised person approves an application for the transfer of a licence, the\ntransfer may be effected by an endorsement on the licence signed by the CEO or the authorised person.\n(4) Where an authorised person approves the transfer of a licence, the local government is not required\nto refund any part of any set fee paid by the former licence holder.\nSuspension of licence\n(1) The CEO or an authorised person may, subject to clause 10.13, by written notice given to the licence\nholder, suspend a licence if there are reasonable grounds for believing that—\n(a) the licence holder has contravened a term or condition of a licence;\n(b) the licence holder has contravened a provision of this local law; or\n(c) the continued provision of the activity authorised by the licence constitutes or will constitute\nan unacceptable risk to the safety, health or welfare of the public.\n(2) The suspension notice shall—\n(a) state the day, or the day and time, on or at which the suspension takes effect;\n(b) state the reasons for the authorised person’s decision to suspend the licence;\n(c) where appropriate, indicate what steps need to be taken to ensure that there is compliance\nwith the relevant provision, term or condition or that there is no longer a risk as described in\nsubclause (1)(c); and\n(d) inform the licence holder that the licence holder has a right to apply under the Act for a review\nof the decision to suspend the licence.\nProposed suspension\n(1) If the CEO or an authorised person proposes to suspend a licence under clause 10.12(1)(a), the\nauthorised person shall give written notice to the licence holder of the proposed suspension.\n(2) The notice shall—\n(a) state that the authorised person proposes to suspend the licence;\n(b) state the reasons for the proposed suspension; and\n(c) inform the licence holder that the licence holder is entitled to make representation to the\nauthorised person in respect of the proposed suspension within 7 days after the day on which\nthe licence holder is given the notice.\n(3) In considering whether to suspend the licence, the authorised person shall have regard to any\nrepresentations made by the licence holder within the period referred to in subclause (2)(c).\nRevocation of suspension\n(1) The CEO or an authorised person shall by written notice given to the licence holder, revoke the\nsuspension of a licence if the authorised person is satisfied that the steps specified in the suspension\nnotice have been taken.\n(2) The CEO or an authorised person may, by written notice given to the licence holder, revoke the\nsuspension of the licence if it is appropriate to do so in the circumstances of a particular case.\n\n","sortOrder":35},{"sectionNumber":"5334","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5334 GOVERNMENT GAZETTE, WA 10 November 2022\nPeriod of suspension\nThe suspension of a licence has effect on the day, or the day and time, specified in the suspension notice\nuntil one of the following happens—\n(a) the suspension is revoked under clause 10.14;\n(b) the licence is cancelled under clause 10.16 or expires; or\n(c) the licence is surrendered in accordance with the provisions of this local law.\nCancellation of licence\nA licence may be cancelled by the CEO or an authorised person if—\n(a) the licence was obtained improperly;\n(b) the licence holder has persistently or frequently contravened a term or condition of the licence,\nor a provision of this local law, whether or not the licence is or has been suspended on the\ngrounds of a contravention; or\n(c) there are reasonable grounds for believing that the continued provision of the activity\nconstitutes or would constitute an unacceptable risk to the safety of the public, whether or not\nthe licence has been suspended on the grounds of that risk.\nSurrender of licence\nA licence holder may, at any time by notice in writing to the local government, surrender the licence.\n","sortOrder":36},{"sectionNumber":"Div 4","sectionType":"division","heading":"Responsibilities of licence holders and others","content":"Division 4—Responsibilities of licence holders and others\nProduction of licence\nA licence holder shall produce to an authorised person her or his licence immediately after being\nrequired to do so by that authorised person.\nProduction of licence document for amendment\nIf the CEO or an authorised person amends or renews a licence, the licence holder shall, if required by\nan authorised person, produce the licence document to the CEO or authorised person for amendment\nwithin the period specified by the CEO or authorised person.\nReturn of licence document if licence no longer in effect\n(1) The person who was the licence holder shall as soon as practicable return the licence document to\nthe local government if a licence—\n(a) has expired or has not been renewed;\n(b) has been suspended or cancelled; or\n(c) has been surrendered.\n(2) On the cancellation of a licence under clause 10.16 the licence holder is to be taken to have forfeited\nany fees paid in respect of the licence.\nOther responsibilities of licence holder\nA licence holder shall in respect of local government property to which the licence relates—\n(a) ensure that an authorised person has unobstructed access to the local government property for\nthe purpose of inspecting the property or enforcing any provision of this local law;\n(b) comply with an instruction from the CEO or an authorised person to take the action specified\nin the instruction for the purpose of maintaining public safety;\n(c) leave the local government property in a clean and tidy condition after its use;\n(d) report any damage or defacement of the local government property to an authorised person;\nand\n(e) take all reasonable action to prevent the consumption of any liquor on the local government\nproperty unless the licence allows it and a licence has been obtained under the Liquor Control\nAct for that purpose.\nAdvertising\nA person shall not advertise, or otherwise hold out in any way, that the person conducts a commercial\nactivity in any public place unless that person holds a licence authorising that commercial activity.\nNOTICES\nNotice to remedy non-compliance\nWhere any thing is required to be done or not permitted to be done by this local law, the CEO or an\nauthorised person may give a notice in writing—\n(a) to the owner or the occupier of the property which abuts that portion of the thoroughfare where\nthe thing has been done or not done; or\n(b) to any other person who may be responsible for the thing done or not done, requiring the person\nto comply with the requirements of this local law.\nNotice regarding damage\nA person who unlawfully removes, damages or interferes with local government property or portion of\na thoroughfare commits an offence and may be given a notice in accordance with clause 11.3.\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5335\nNotice requirements\n(1) A notice given under this Part shall—\n(a) be in writing;\n(b) given to the person referred to in clause 11.1 or 11.2 as the case may be;\n(c) specify the reason for giving the notice;\n(d) the action that is required to be undertaken; and\n(e) the time within which the work or action is to be undertaken.\n(2) At the local government’s discretion, the action that may be required to be undertaken is—\n(a) to take or cease such action as may be required for compliance with this local law;\n(b) do the reinstate the property to the state it was in before the removal, damage or interference;\n(c) replace that property; or\n(d) pay for the costs of reinstatement or replacement.\nOffence to fail to comply with notice\nA person who fails to comply with a notice given to him or her under this local law commits an offence.\nLocal government may undertake requirements of notice\nIf a person fails to comply with a notice referred to in clauses 11.1 or 11.2, the local government may—\n(a) do the thing specified in the notice, including replace the property, or reinstate the property to\nthe state it was in before the removal, damage or interference;\n(b) take whatever remedial action it considers appropriate to put the local government in the\nposition it would have been in if the breach or failure had not occurred; and\n(c) recover all costs from the person, as a debt.\nOBJECTIONS AND REVIEW\nObjection and review rights\nDivision 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal,\ntransfer, amendment, suspension or cancellation of a licence or consent.\nOFFENCES AND PENALTIES\nOffences 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\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\nPrescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section\n9.16(1) of the Act.\n(2) The amount of a modified penalty for a prescribed offence is the number specified adjacent to the\nclause in Schedule 1.\nForm of notices\n(1) For the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the\nLocal Government (Functions\nand General) Regulations 1996;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the\nLocal Government (Functions and General) Regulations 1996; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe\nLocal Government (Functions and General) Regulations 1996.\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\nEvidence of a determination\n(1) In any legal proceedings, evidence of a determination may be given by tendering the register referred\nto in clause 2.5 or a certified copy of an extract from the register.\n(2) Unless the contrary is proved, it is to be presumed that the determination was properly made and\nthat every requirement for it to be made and have effect has been satisfied.\n(3) Subclause (2) does not make valid a determination that has not been properly made.\n————\n\n","sortOrder":37},{"sectionNumber":"5336","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 10 November 2022","content":"5336 GOVERNMENT GAZETTE, WA 10 November 2022\nSchedule 1—Prescribed Offences\n[clause.13.2]\npenalty\n$\nPart 2—Determination in respect of local government property\n1 2.4 Failure to comply with a determination 100\nPart 3—Activities on local government property\n2 3.1 Undertaking activity on local government property without a\nlicence 100\n3 3.2(3) Camping on local government property or erecting an\nunauthorised structure 100\n4 3.3(1) Failure to obtain licence to possess, consume or sell liquor 100\nPart 4—Behaviour on local government property and thoroughfares\n5 4.3 Behaviour interfering with others 100\n6 4.4 Behaviour detrimental to property 200\n7 4.5 Unauthorised entry to function 100\n8 4.6(2) Taking or injuring fauna without authorisation 200\n9 4.7(2) Removing, damaging or depositing flora without authorisation 200\n10 4.8 Animal on local government property without a licence 100\n11 4.9 Improper disposal of waste on local government property 100\n12 4.10(1) Unauthorised vehicle on local government property 100\n13 4.10(2) Unauthorised driving of a vehicle at more than 20km/hr on local\n14 4.10(3) Unauthorised driving of a vehicle on local government property\nduring a function 100\n15 4.11 Unauthorised use of a UAV 50\n16 4.12 Unauthorised archery, pistol or rifle shooting on local\n17 4.13 Unauthorised playing or practising golf on local government\nproperty 100\n18 4.14 Unauthorised use of bicycle, skateboard etc. on local government\nproperty 50\nPart 5—Matters relating to particular local government property\n19 5.1 Unauthorised entry to fenced, closed or restricted local\n20 5.2(1) Unauthorised entry to gender specific toilet block or change room 100\n21 5.3 Unauthorised use of toilet block or change room 100\nPart 6—Activities in thoroughfares\n22 6.1(a) Planting or allowing plant or verge treatment in thoroughfare to\nbecome a sightline hazard 100\n23 6.1(b) Damaging a lawn or garden in a thoroughfare 100\n24 6.1(c) Damaging or removing whole or part of a street tree without\nauthorisation 200\n25 6.1(d) Obstruction of or permitting a hazard in a thoroughfare 100\n26 6.1(e) Damaging, removing or interfering with thoroughfare, part of\nthoroughfare, sign or structure in a thoroughfare without\nauthorisation 100\n27 6.1(f) Playing games in thoroughfare so as to impede vehicles or\npersons 100\n28 6.2(1)\n(a), (d),\n(e), (f),\n(g), (j)\nUnauthorised activity in a thoroughfare causing damage\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5337\n29 6.2(1)\n(b), (c),\n(h), (i),\n(k), (l),\n(m), (n),\n(o), (p),\n(q)\nUnauthorised activity in a thoroughfare causing inconvenience\n30 6.4 Driving on a closed thoroughfare 100\n31 6.7(1) Unauthorised verge treatment 100\n32 6.8\n(a), (b),\n(d), (e)\nFailure to keep permitted verge treatment in good and tidy\ncondition, obstruct a thoroughfare, footpath, drain, or driveway\n33 6.8(c) Placing an obstruction on or around a verge treatment 50\n34 5.8(f) Failure to ensure sprinklers or reticulation pipes do not protrude,\ndo not cause inconvenience to pedestrians, or present a hazard 100\n35 6.11(1) Failure to obtain licence for a temporary crossover 200\n36 6.12 Failure to remove redundant crossover or reinstate kerb, drain,\nfootpath, verge or thoroughfare 200\n37 6.13 Failure to remove crossover in unsafe location 500\nPart 7—Activities in public places\n38 7.1(1) Animal or vehicle obstructing public place without authorisation 100\n39 7.2(2) Animal in public place when not led, ridden or driven 100\n40 7.2(3) Horse being led, ridden or driven in a thoroughfare without\nauthorisation 100\nPart 8—Temporary signs\n41 8.3(1) Placement of non-compliant temporary sign, or posting a bill or\npainting, or placing an advertisement without authorisation 100\nPart 9—Signs and powers to give directions\n42 9.1(2) Failure to comply with condition of use indicated by a sign 100\n43 9.3(1) Failure to comply with direction of authorised person 100\n44 9.3(2) Obstruction or hindrance of an authorised person 100\n45 9.4(1)(c) Failure to comply with period of refusal or suspension 200\n46 9.4(2) Failure to leave a venue when instructed by an authorised\nperson 200\nPart 10—Licencing\n47 10.1 Failure to obtain a licence when required 100\n48 10.5 False or misleading statement in application for a licence 200\n49 10.8 Failure to comply with licence condition 100\n50 10.18 Failure to produce licence for inspection when required 100\n51 10.19 Failure to produce licence for amendment when required 100\n52 10.20 Failure to return licence when no longer in effect 100\n53 10.21 Failure to comply with other responsibilities of licence holder 100\n54 10.22 Advertising of commercial activity in a public space without\nholding a licence 200\nPart 11—Notices\n55 11.4 Failure to comply with notice 100\n","sortOrder":38},{"sectionNumber":"Part 13","sectionType":"part","heading":"Offences and penalties","content":"Part 13—Offences and penalties\n56 13.2 Offence not elsewhere specified 100\n————\n\n10 November 2022 GOVERNMENT GAZETTE, WA 5339\nBIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007\nREPEAL LOCAL LAW 2022\nLocal Government Act 1995, the\nBiosecurity and Agriculture\nManagement Act 2007 and under all other powers enabling it, the Council of the Shire of Kondinin\nresolved on 21 September 2022 to make the following local law.\n1. Citation\nShire of Kondinin Repeal Local Law 2022.\n2. Commencement\nThis local law will come into operation 14 days after publication in the\n3. Repeal\nThe following local laws are repealed—\n(a)\nKondinin Road Board—Pound By-laws, published in the\nGovernment Gazette on 16 March\n1928;\n(b)\nBy-laws of the Kondinin Road Board, published in the\nGovernment Gazette on 21 August 1936;\n(c)\nKondinin Road Board By-law re Appointment of Employees, published in the\nGovernment\nGazette on 1 May 1942;\n(d)\nKondinin Road Board By-law for the Supply and Distribution of Water, published in the\nGovernment Gazette on 29 December 1944;\n(e)\nBy-laws Governing Long Service Leave to be Granted to Employees of the Kondinin Road\nBoard, published in the\nGovernment Gazette on 4 February 1955;\n(f) Order in Council published in the\nGovernment Gazette on 4 August 1961 for the application of\nthe\nUniform Building Bylaws published in the\nGovernment Gazette on 23 June 1961;\n(g)\nMunicipality of the Shire of Kondinin By-laws Relating to Clearing of Land and Removal of\nRefuse, Rubbish and Disused Material, published in the\nGovernment Gazette on 4 June 1970;\n(h)\nShire of Kondinin By-laws relating to Brick Areas, published in the\nGovernment Gazette on\n","sortOrder":39},{"sectionNumber":"14","sectionType":"section","heading":"July 1978; and","content":"14 July 1978; and\n(i)\nMunicipality of the Shire of Kondinin By-laws Relating to Pest Plants, published in the\nGovernment Gazette on 20 August 1982.\nDated this 19 October 2022.","sortOrder":40}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Each instrument replaces older by‑laws and consolidates modern administrative, licensing and penalty frameworks. Cemeteries repeal 1925 bylaws and introduces detailed, technical requirements and CEO discretion (Cemeteries cl.1.4, 2.1, 5.1–5.3). Dogs replaces 1995 by‑laws and establishes a formal kennel‑licence regime, numerical limits and enforcement processes (Dogs cl.1.4, 3.2–3.3, 4.1–4.8). Bush Fire Brigades formalises brigade establishment and officer duties under the Bush Fires Act (Bush Fire Brigades cl.5–7). These changes expand administrative detail and compliance obligations compared with prior instruments."},"complexity_factors":["Cross-reference to multiple State Acts and delegated powers: each local law operates under a primary Act (Bush Fires Act 1954; Cemeteries Act 1986; Dog Act 1976) and delegates significant functions to the local government and CEO (Bush Fire Brigades cl.1–4; Cemeteries cl.1.5, 2.1; Dogs cl.1.5, 4.13).","Administrative discretion concentrated in CEO/Board: CEO/Board may approve, refuse, vary licences or direct actions (Cemeteries cl.2.1, 4.1, 6.1; Dogs cl.4.5, 10.2), increasing decision-making variance and compliance uncertainty.","Detailed licensing and procedural regimes: multiple application, notice and renewal requirements create compliance steps and lead times (Cemeteries cl.3.1–3.4; Dogs cl.4.1–4.4, 10.1–10.4).","Technical and operational standards create compliance costs: specifications for coffins, grave dimensions, memorial materials and kennel construction impose measurable obligations (Cemeteries cl.5.1, 5.3, 7.1; Dogs Schedule 2).","Enforcement architecture with modified penalties and offence schedules: standardised infringement notices and schedules set fixed penalties and court options (Cemeteries cl.11.2 and Schedule 1; Dogs cl.7.3–7.6 and Schedule 3).","Interaction with third parties and private rights: applications often require consent or notification to neighbouring owners or representatives (Cemeteries cl.6.1(2); Dogs cl.3.3(1)(b), 4.2), creating potential coordination costs and contested decisions.","Transfers, suspensions and appeals pathways: licences can be transferred, suspended or cancelled and are subject to review under the Local Government Act (Dogs cl.4.12, 4.11, 3.3; Cemeteries cl.10.1), adding procedural layers.","Repeal and transitional clarity: older bylaws are expressly repealed and transitional provisions preserve existing rights but require administrative updating (Cemeteries cl.1.4; Dogs cl.1.4; Repeal Local Law cl.3).","Operational resourcing implications: maintenance, provision of equipment and funding obligations sit with the local government (Bush Fire Brigades cl.9; Cemeteries cl.2.4), indicating potential budget and staffing effects."],"plain_english_summary":"Three Shire of Kondinin local laws set practical rules for (1) bush fire brigades — allowing the Shire to establish brigades, name and appoint officers and set duties (Bush Fire Brigades Local Law); (2) cemeteries — governing burials, ashes, memorials, grave dimensions, permits, fees and penalties (Cemeteries Local Law); and (3) dogs — regulating confinement, dog number limits, impounding, kennel licences and penalties (Dogs Local Law). These laws affect residents, landowners, funeral directors, dog owners and licence-holders by setting permissions, fees, inspections and sanctions."},"kimi_summary":{"_metrics":{"completionTokens":985},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent — to consolidate and modernise local laws for the Shire of Kondinin. The Public Places and Local Government Property Local Law 2022 is substantially broader than the individual repealed by-laws it replaces, but this reflects a deliberate consolidation of multiple separate instruments into a single comprehensive code rather than scope creep. The repeal of nine historical local laws through the Repeal Local Law 2022 is a straightforward housekeeping measure."},"complexity_factors":["Multiple distinct local laws consolidated in one instrument (5 separate regulatory schemes)","Extensive cross-referencing to State legislation (Local Government Act 1995, Bush Fires Act 1954, Dog Act 1976, Cemeteries Act 1986, etc.)","Detailed technical specifications (coffin plate dimensions, grave depths, kennel construction standards, verge treatment requirements)","Numerous defined terms across each Part (over 60 definitions total)","Conditional licensing schemes with multiple stages (application, notice, objection, determination, conditions, renewal, transfer, suspension, cancellation)","Nested exceptions and exemptions throughout (e.g. assistance animals, emergency vehicles, employees acting in course of duties)","Transitional provisions preserving existing approvals under repealed laws","Modified penalty schedules with specific dollar amounts for each offence","Detailed procedural requirements for determinations (public notice, 21-day submission periods, register maintenance)"],"plain_english_summary":"The Shire of Kondinin’s five 2022 local laws update rules on volunteer bush fire brigades, management of three local cemeteries, dog ownership and kennels, use and conduct on Council land and public places, and repeal nine obsolete by‑laws. \n\nThey affect residents, businesses, dog owners, funeral directors, event organisers and anyone using Council land, setting safety, amenity and permit rules (and penalties) for community order, public health and protection of local services and spaces."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-kondinin-public-places-and-local-government-property-local-law-2022","history":"/api/acts/shire-of-kondinin-public-places-and-local-government-property-local-law-2022/history","analysis":"/api/acts/shire-of-kondinin-public-places-and-local-government-property-local-law-2022/analysis","conflicts":"/api/acts/shire-of-kondinin-public-places-and-local-government-property-local-law-2022/conflicts","importantCases":"/api/acts/shire-of-kondinin-public-places-and-local-government-property-local-law-2022/important-cases","documents":"/api/acts/shire-of-kondinin-public-places-and-local-government-property-local-law-2022/documents"}}