{"id":"wa-local:northam-shire-of-shire-of-northam-parking-local-law-2019","name":"Shire of Northam Parking Local Law 2019","slug":"shire-of-northam-parking-local-law-2019","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438699,"registerId":"wa-local:northam-shire-of-shire-of-northam-parking-local-law-2019-pdf-1775955014533","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"29","sectionType":"section","heading":"October 2019 GOVERNMENT GAZETTE, WA 3807","content":"29 October 2019 GOVERNMENT GAZETTE, WA 3807\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"NUMBER OF CATS THAT MAY BE KEPT","content":"PART 2—NUMBER OF CATS THAT MAY BE KEPT\n2.1 Interpretation\n2.2 Standard number of cats\n2.3 Cats to which an approval is required\n2.4 Application for approval\n2.5 Determining an application\n2.6 Conditions\n2.7 Renewal of an application\n2.8 Transfer of an approval\n2.9 Variation or cancellation of an approval\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"CONTROL OF CATS","content":"PART 3—CONTROL OF CATS\n3.1 Cat nuisance\n3.2 Cats in other places\n3.3 Cleanliness\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"DESIGNATED CAT MANAGEMENT FACILITIES","content":"PART 4—DESIGNATED CAT MANAGEMENT FACILITIES\n4.1 Operating a Cat Management Facility without a licence\n4.2 Application for a licence to be designated as a Cat Management Facility\n4.3 Determination of an application\n4.4 Where applications cannot be approved\n4.5 Conditions of approval\n4.6 Compliance with conditions of approval\n4.7 Fees\n4.8 Exemption from requirement to pay fees\n4.9 Form of licence\n4.10 Period of licence\n4.11 Variation or cancellation of licence\n4.12 Transfer\n4.13 Notification\n4.14 Inspection of Cat Management Facility\n4.15 Record Keeping\n","sortOrder":3},{"sectionNumber":"Part 5","sectionType":"part","heading":"MISCELLANEOUS","content":"PART 5—MISCELLANEOUS\n","sortOrder":4},{"sectionNumber":"Div 1","sectionType":"division","heading":"General","content":"Division 1—General\n5.1 Pound\n5.2 Pound Fees\n5.3 Fees and Charges\n5.4 False or Misleading Statement\n5.5 Serving of Infringement Notices\n5.6 Offence to fail to comply with notice\n5.7 Local government may undertake requirements of notice\n\n3808 GOVERNMENT GAZETTE, WA 29 October 2019\nDivision 2—Right of Appeal and Review\n5.8 Appeal and review rights\nPART 6—ENFORCEMENT\n6.1 Offences and Penalties\n6.2 Modified Penalties and Offence Description\n6.3 Form of notices\nSCHEDULE 1—APPLICATION FOR A LICENCE FOR A DESIGNATED\nSCHEDULE 2—MINIMUM CONDITIONS OF A DESIGNATED\nSCHEDULE 3—OFFENCES AND MODIFIED PENALTIES\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3809\nUnder the powers conferred by the Cat Act 2011 and Local Government Act 1995 and under all other\npowers enabling it, the Council of the Shire of Northam resolved on 16 October 2019 to make the\nfollowing local law.\nThis local law may be cited as the Shire of Northam Cat Local Law 2019.\nThis local law comes into operation 14 days after the date of publication in the Government Gazette.\n(1) The Shire of Northam Keeping and Control of Cats Local Law 2008 published in the Government\nGazette on 16 September 2008 and all amendments thereto are hereby repealed on the day this local\nlaw comes into operation.\n(2) Where a policy was made or adopted by the local government under or in relation to a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement day.\n(3) The local government may resolve that notwithstanding subclause (2), specified policies continue,\nor are to be taken to have continued, to have effect on and from the commencement day.\nThis local law applies throughout the District.\n(1) In this local law, unless the context otherwise requires—\nAct means the Cat Act 2011;\nanimal establishment has the meaning given to the term in the Local Planning Scheme;\napplicant means the owner or occupier of the premises who makes an application for a permit\nunder this local law;\napplication means an application for approval granted under this local law;\napproved person means the person to whom an approval is granted under this local law;\napproved cattery means any premises which are the subject of a valid planning approval under\na Scheme or which is a non-conforming use that may continue under a Scheme;\nLocal Government Act 1995 to perform any of the functions of an Authorised Person\nunder this local law;\ncat means an animal of the species felis catus or a hybrid of that species;\nCat Management Facility means running/operating a business for boarding cats for monetary\ngain as per the Act.\ncattery means any premises where more than 4 cats are boarded, housed or trained temporarily,\nusually for profit, or the personal use of numerous cats,\nCEO means the Chief Executive Officer of the Shire of Northam;\nCouncil means the Council of the Shire of Northam;\ninfringement notice means the notice referred to in clause 6.3;\ninfringement withdrawal notice means the notice referred to in clause 6.3;\n\n","sortOrder":5},{"sectionNumber":"3810","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3810 GOVERNMENT GAZETTE, WA 29 October 2019\nkeeper in relation to a cat means each of the following—\n(a) the owner of the cat as defined in the Act;\n(b) a person who has or appears to have immediate custody or control of the cat;\n(c) a person who keeps the cat, or has the cat in her or his possession for the time being;\n(d) a person who occupies any premises in which a cat is ordinarily kept or permitted to\nlive and who has care and control of the cat;\n(e) A permit holder of a permit which relates to the cat; or\n(f) the holder of an exemption issued in relation to the cat.\nlicence means a Cat Management Facility licence issued under this local law;\nlicensee means the holder of a licence issued under this local law;\nLG Act means the Local Government Act 1995;\nlocal planning scheme means a local planning scheme of the local government under the\nPlanning and Development Act 2005, or a local planning scheme which was made under the\nPlanning and Development (Local Planning Schemes) Regulations 2015;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and gives rise to legal liability in\nthe tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of their\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land\naffected by the interference.\npremises, in addition to the meaning given to it in section 3 of the Act, means the premises\ndescribed in the application to be licensed as a Cat Management Facility;\nperson means any person, company, public body, association or body of persons corporate or\nunincorporated and includes an owner, occupier, licensee and permit holder, but does not\ninclude the local government;\nRegulations means the Cat Regulations 2012;\nRSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western\nAustralia;\nSchedule means a Schedule to this local law;\ntransferee means a person who applies for the transfer of a licence to him or her under\nclause 4.12;\nvermin means rats, mice, flies, fleas, mites, cockroaches and any other animal, whether\nvertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage\nto human food, habitation or possessions; and\nwritten law has the same meaning given to it by section 5 of the Interpretation Act 1984 and\nincludes this local law.\n(2) A term that is used in this local law and is not defined in subclause (1) has the same meaning\ngiven to it in the Act or, if not defined in the Act, the same meaning given to it in the Cat\nRegulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or the Local Government\nAct 1995.\nPART 2—NUMBER OF CATS THAT MAY BE KEPT\n2.1 Interpretation\nFor the purposes of applying this Part, a cat does not include a cat less than 6 months old.\n2.2 Standard number of cats\nSubject to clause 2.3 and the Cat (Uniform Local Provisions) Regulations 2013, no more than two cats\nmay be kept on premises at which a member of a cat organisation is not ordinarily resident.\n2.3 Cats to which an approval is required\n(1) Subject to subclause (2) and the Cat (Uniform Local Provisions) Regulations 2013 a person is\nrequired to have an approval—\n(a) to keep more than two cats on any premises; or\n(b) to use any premises as a cattery.\n(2) An approval is not required under subclause (1) if the premises concerned are—\n(a) a refuge of the RSPCA;\n(b) a cat management facility which has been approved by the local government;\n(c) a veterinary surgery.\n2.4 Application for approval\n(1) An application for approval to keep an additional number of cats at prescribed premises is dealt\nwith in regulation 8 of the Cat (Uniform Local Provisions) Regulations 2013; and\n(2) An application for approval must be accompanied by the application fee determined by the local\ngovernment from time to time.\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3811\n2.5 Determining an application\n(1) For the purposes of determining whether to grant approval for an application to keep an\nadditional number of cats at prescribed premises, the local government must have regard to—\n(a) the suitability of the zoning of the premises under the local planning scheme which applies to\nthe premises for the use;\n(b) the physical suitability of the premises for the proposed use;\n(c) the environmental sensitivity and general nature of the location surrounding the premises for\nthe proposed use;\n(d) the structural suitability of any enclosure in which any cat is to be kept;\n(e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to an occupier of\nadjoining land;\n(f) the likely effect on the amenity of the surrounding area of the proposed use;\n(g) the likely effect on the local environment including any pollution or other environmental\ndamage, which may be caused by the proposed use;\n(h) any other factors which the local government considers to be relevant in the circumstances of\nthe application; and\n(i) any submissions received under subclause (2) within the time specified in subclause (2).\n(2) The local government may—\n(a) consult with adjoining landowners; and\n(b) advise the adjoining landowners that they may make submissions to the local government on\nthe application for the approval within 14 days of receiving that advice, before determining\nthe application for the permit.\n(3) The local government may—\n(a) approve an application for a permit in which case it shall approve it subject to the conditions\nin clause 2.6 and may approve it subject to any other conditions it considers fit; or\n(b) refuse to approve the application for an approval.\n(4) If the local government approves an application under subclause (3), then it shall issue to the\napplicant an approval in the form determined by the CEO.\n(5) If the local government refuses to approve an application under subclause (3), then it is to advise\nthe applicant accordingly in writing.\n2.6 Conditions\n(1) For the purpose of ensuring that the premises to which an application relates are suitable for the\nadditional number of cats, the local government may impose any condition that it considers to be\nreasonably necessary for that purpose, including—\n(a) that each cat on the premises to which the approval relates shall be registered under the Act;\n(b) that the premises shall be maintained in good order and in a clean and sanitary condition;\n(c) that the premises must have adequate enclosures;\n(d) that there must be adequate space for the exercise of the cats;\n(e) that, in the case of multiple dwellings where there is no suitable dividing fence, each current\noccupier of the adjoining multiple dwellings must give their written consent to the approval;\nand\n(f) that, without the consent of the local government, the approved person must not substitute or\nreplace any cat that dies or is permanently removed from the premises.\n(2) A person who does not comply with a condition of the approval, commits an offence.\n2.7 Renewal of an application\n(1) An application is to be renewed if—\n(a) the approved person has not breached the conditions of the approval;\n(b) the approval would have been granted if a fresh application for an approval had been made;\nand\n(c) the renewal fee is paid in full, imposed and determined by the local government under\nsections 6.16 to 6.19 of the Local Government Act 1995.\n(2) On the renewal of an approval, the conditions of the approval that applied immediately before the\nrenewal continue to have effect.\n2.8 Transfer of an approval\n(1) An approval relates only to the premises specified in the approval, and only to the approved person\nspecified in the approval, and is transferrable only in accordance with clause 4.12.\n(2) An application for the transfer of an approval from the approved person to another person must\nbe—\n(a) made in the form determined by the CEO;\n(b) made by the proposed transferee;\n(c) made with the consent of the approved person; and\n\n","sortOrder":6},{"sectionNumber":"3812","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3812 GOVERNMENT GAZETTE, WA 29 October 2019\n(d) lodged with the local government together with the fee for the application for the transfer of\nan approval that is imposed and determined by the local government under sections 6.16 to\n6.19 of the Local Government Act 1995.\n2.9 Variation or cancellation of an approval\n(1) The local government may, at any time, vary the conditions of an approval by giving written notice\nto the approved person and specifying the date on which the changes will become effective.\n(2) The local government may cancel an approval—\n(a) on the request of the approved person;\n(b) if the approved person breaches the Act, the Regulations, the Cat (Uniform Local Provisions)\nRegulations 2013 or this local law; or\n(c) if the approved person is not a fit and proper person to provide for the health and welfare of\nthe cats.\n(3) If an approval is cancelled, the fee paid for the approval is not refundable for the term of the\napproval that has not yet expired.\nPART 3—CONTROL OF CATS\n3.1 Cat nuisance\nThe owner or occupier of premises on which a cat is ordinarily kept must take reasonable measures to\nprevent the cat from creating a nuisance on other premises, to another person or exposing another\nperson to health and/or safety risk.\n3.2 Cats in other places\n(1) A cat shall not be in a public place unless the cat is, in the opinion of an Authorised Person, under\neffective control.\n(2) If a cat is at any time in contravention of clause 3.2(1)—\n(a) the keeper of the cat commits an offence; and\n(b) an Authorised Person may seize and impound the cat and deal with the cat pursuant to the\nAct.\n(3) A cat shall not be in a place that is not a public place unless—\n(a) consent to its being there has been given by the occupier, or a person apparently authorised\nto consent on behalf of the occupier; and\n(b) it is under effective control.\n(4) If a cat is at any time, in a place in contravention of the Shire of Northam Cat Local Law 2019—\n(a) The keeper of the cat commits an offence; and\n(b) In any premises lawfully entered by an Authorised Person, they may seize and impound the\ncat and deal with the cat pursuant to the Act.\n3.3 Cleanliness\nThe owner or occupier of premises where a cat or cats are kept must take reasonable measures to—\n(a) keep the premises free from excrement, filth, food waste and all other matter that is likely to\nbecome offensive or injurious to health or to attract vermin;\n(b) when so directed by an Authorised Person, clean and disinfect the premises; and\n(c) keep the premises, so far as possible, free of flies and when directed by an Authorised Person,\nspray the premises with a residual insecticide or use any other effective means to kill and\nrepel flies.\nPART 4—DESIGNATED CAT MANAGEMENT FACILITIES\n4.1 Operating a Cat Management Facility without a licence\nUnless exempt as an organisation listed in the Regulations, a person who operates a premises as a\nCat Management Facility within the District without a licence commits an offence.\n4.2 Application for a licence to be designated as a Cat Management Facility\nAn application for a licence must be made in the form of that in Schedule 1, and must be lodged with\nthe local government together with—\n(a) plans and specifications of the premises, including a site plan;\n(b) proposed details of how the facility will be kept secure;\n(c) written evidence that either the applicant or another person who will have the charge of the\ncats, will reside on the premises or, in the opinion of the local government, sufficiently close to\nthe premises so as to control the cats and ensure their health and welfare;\n(d) a written acknowledgement that the applicant has read and agrees to comply with any code\nof practise relating to the keeping of cats which may be nominated from time to time by the\nlocal government; and\n(e) the fee for the application for a licence referred to in clause 4.7(1).\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3813\n4.3 Determination of an application\nIn determining an application to be designated as a Cat Management Facility, the local government is\nto have regard to—\n(a) the matters referred to in clause 4.4;\n(b) any written submissions received on the proposed use of the premises;\n(c) the effect which the Cat Management Facility may have on the environment or amenity of\nthe neighbourhood;\n(d) whether the Cat Management Facility will create a nuisance for the owners and occupiers of\nadjoining premises; and\n(e) whether or not the imposition of and compliance with appropriate conditions of a licence will\nmitigate any adverse effects of the Cat Management Facility identified in the preceding\nparagraphs.\n4.4 Where applications cannot be approved\nThe local government cannot approve an application for a licence where—\n(a) the facility is proposed to be located in an area where an animal establishment is not a\npermitted use under the Local Planning Scheme; or\n(b) an applicant or another person who will have the charge of the cats will not reside on the\npremises, or, in the opinion of the local government, sufficiently close to the premises so as to\ncontrol the cats and so as to ensure their health and welfare.\n4.5 Conditions of approval\n(1) The local government may approve an application for a licence subject to the conditions contained\nin Schedule 2 and to such other conditions as the local government considers appropriate.\n(2) In respect of a particular application for a licence, the local government may vary any of the\nconditions contained in Schedule 2.\n(3) Operators of a Cat Management Facility must comply with their obligations as specified in\n","sortOrder":7},{"sectionNumber":"Div 3","sectionType":"division","heading":"of Part 3 of the Act.","content":"Division 3 of Part 3 of the Act.\n4.6 Compliance with conditions of approval\nA licensee who does not comply with the conditions of a licence commits an offence.\n4.7 Fees\n(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.\n(2) On renewal of a licence, the licensee is to pay a fee to the local government.\n(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the\nlocal government.\n(4) The fees referred to in subclause (1) to (3) are to be imposed and determined by the local\ngovernment under sections 6.16 to 6.19 of the Local Government Act 1995.\n4.8 Exemption from requirement to pay fees\n(1) In this clause—\ncharitable organisation means—\nAn institution, association, club, society or body whether incorporated or not—\n(i) where its objectives are charitable, benevolent, educational, or other like nature\nconcerned with the welfare of cats; and\n(ii) from which any members does not receive any pecuniary profit.\n(2) The local government may waive any fee required to be paid by the applicant for a licence, or the\nfee for the renewal of a licence by a charitable organisation.\n4.9 Form of licence\nThe licence is to be in the form determined by the local government and is to be issued to the licensee.\n4.10 Period of licence\n(1) The period of effect of a licence is 12 months from the date of issue.\n(2) A licence is to be renewed if the fee referred to in clause 4.7(2) is paid to the local government prior\nto the expiry of the licence.\n(3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have\neffect.\n4.11 Variation or cancellation of licence\n(1) The local government may vary the conditions of a licence and that variation will come into effect\nseven (7) days after the notice date.\n(2) The local government may cancel a licence—\n(a) on the request of the licensee;\n(b) following a breach of the Act, the Regulations or this local law; or\n(c) if, in the local government’s opinion, the licensee is not a fit and proper person to hold a\nlicence.\n\n","sortOrder":8},{"sectionNumber":"3814","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3814 GOVERNMENT GAZETTE, WA 29 October 2019\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 by an Authorised Person.\n(4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence\nthat has not yet expired.\n4.12 Transfer\n(1) An application for the transfer of a valid licence from the licensee to another person must be—\n(a) made in the form determined by the local government;\n(b) made by the transferee;\n(c) made with the written consent of the licensee; and\n(d) lodged with the local government together with—\n(i) written evidence that a person to whom the licence is proposed to be transferred will\nreside at or within reasonably close to the proximity to the premises subject to the\nlicence; and\n(ii) the fee for the application for the transfer of a licence referred to in clause 4.7(3).\n(2) The local government is not to determine an application for the transfer of a valid licence until the\ntransferee has complied with subclause (1).\n(3) The local government may approve, whether or not subject to such conditions as it considers\nappropriate, or refuse to approve an application for the transfer of a valid licence.\n(4) Where the local government approves an application for the transfer of a valid licence, then on the\ndate of the approval, unless otherwise specified in the notice issued under subclause 4.13(b), the\ntransferee becomes 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).\n4.14 Inspection of Cat Management Facility\nSubject to the provisions of the power to enter premises within the Act, an authorised person may\ninspect an approved Cat Management Facility.\n4.15 Record Keeping\nAll designated Cat Management Facilities are required to keep and maintain a register of all cats\nentering and leaving the facility, and where entry to the premises has been made under clause 4.14,\nan Authorised Person may inspect the register.\nPART 5—MISCELLANEOUS\nDivision 1—General\n5.1 Pound\nThe local government may establish and maintain a pound or pounds for the impounding of a cat\nseized pursuant to the provisions of the Act or this local law.\n5.2 Pound Fees\nThe fees and charges in relation to the seizure, impounding and maintenance of a cat and the\nmaintenance thereof in a pound payable under the Act, are those approved by the local government\nfrom time to time.\n5.3 Fees and Charges\nAll fees and charges applicable under this local law must be as determined by the local government\nfrom time to time in accordance with sections 6.16 to 6.19 of the Act.\n5.4 False or Misleading Statement\nA person must not make a false or misleading statement in connection with any application,\nrequirement or demand under this local law.\n5.5 Serving of Infringement Notices\nAn infringement notice served under section 62 of the Act or this local law may be given to a person—\n(a) personally;\n(b) by registered mail addressed to the person; or\n(c) by leaving it for the person at his or her address.\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3815\n5.6 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do anything,\nif a person fails to comply with the notice, that person commits an offence.\n5.7 Local government may undertake requirements of notice\n(1) Where a person fails to comply with a notice referred to in clause 5.5, the local government may do\nthe thing specified in the notice and recover from the person to whom the notice was given, as a debt,\nthe costs incurred in so doing.\n(2) Notwithstanding subclause (1) any entry into private property is subject to the Act.\n","sortOrder":9},{"sectionNumber":"Div 2","sectionType":"division","heading":"Right of Appeal and Review","content":"Division 2—Right of Appeal and Review\n5.8 Appeal and review rights\nWhen the local government makes a decision as to whether it will—\n(a) grant a person a permit, or licence under this local law; or\n(b) renew, vary, transfer or cancel a permit or licence that a person has under this local law, the\nprovisions of Division 1 of Part 9 of the Act and regulations 33 of the Local Government\n(Functions and General) Regulations 1996 apply to that decision; or\n(c) give a person a notice,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Local Government (Functions\nand General) Regulations 1996 apply to that decision.\n","sortOrder":10},{"sectionNumber":"Part 6","sectionType":"part","heading":"ENFORCEMENT","content":"PART 6—ENFORCEMENT\n6.1 Offences and Penalties\n(1) Any person who fails to do anything required or directed to be done under this local law, or who\ndoes anything which under this local law that person is prohibited from doing, commits an offence.\n(2) Any person who commits an offence under this local law is to be liable, upon conviction, to a\npenalty not less than $1000 and not exceeding $5,000, and if the offence is of a continuing nature, to\nan additional penalty not exceeding $500 for each day or part of a day during which the offence has\ncontinued.\n6.2 Modified Penalties and Offence Description\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of\nsection 62 of the Act.\n(2) The amount of the modified penalty for a prescribed offence is the amount specified in the fourth\ncolumn of Schedule 4.\n6.3 Form of notices\n(a) the form of the infringement notice referred to in section 9.13 of the Act is to be in the form of\nForm 1 of Schedule 1 of the Local Government (Functions and General) Regulations 1996;\n(b) the form of the notice referred to in section 9.17 of the Act is to be in the form of Form 2 in\n","sortOrder":11},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"of the Local Government (Functions and General) Regulations 1996;","content":"Schedule 1 of the Local Government (Functions and General) Regulations 1996;\n(c) the form of the infringement withdrawal notice referred to in section 9.20 of the Act is to be in\nthe form of Form 3 in Schedule 1 of the Local Government (Functions and General)\nRegulations 1996;\n(d) the issue of infringement notices, their withdrawal and the payment of modified penalties are\ndealt with in Division 4 of Part 4 of the Act;\n(e) an infringement notice given under the Act is to be in the form of Form 6 of Schedule 1 of the\nRegulations; and\n(f) a notice sent under the Act withdrawing an infringement notice is to be in the form of Form 7\nof Schedule 1 of the Regulations.\n\n","sortOrder":12},{"sectionNumber":"3816","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3816 GOVERNMENT GAZETTE, WA 29 October 2019\nSCHEDULE 1—APPLICATION FOR A LICENCE FOR A DESIGNATED\n[clause 4.2]\nAPPLICANT/S DETAILS\nName of Applicant/s (in full).........................................................................................................................\nResidential Address ......................................................................................................................................\n................................................................................................ (Suburb) Post Code……......…………………\nPostal Address (if different from above)\n.......................................................................................................................................................................\nTelephone (Home)……………………… (Work)……..………………… (Mobile) ............................................\nEmail ...............................................................................\nFax ...................................................................................\nCAT MANAGEMENT FACILITY DETAILS\nI/ We apply for a licence for a designated cat management facility at:\nAddress of premises\n.......................................................................................................................................................................\n................................................................................................ (Suburb) Post Code……......…………………\nFor number of cats ………………………………\nPerson will reside (tick appropriate box) *evidence to be provided —\n  at the premises \n  sufficiently close to the premises so as to control the cats and so as to ensure their health and\nwelfare \nName of person (if not applicant/s)\nAddress of residence (if not residing at the premises)\n.......................................................................................................................................................................\n.......................................................................................................................................................................\nPrior to approval the following must be attached—\n(a) a site plan of the premises showing the location of the cages and runs and all other building\nand structures and fences;\n(b) plans and specifications of the Cat Management Facility;\n(c) proposed details of how the facility will be kept secure;\n(d) evidence that a person will reside—\n(i) at the premises; or\n(ii) sufficiently close to the premises so as to control the cats and so as to ensure their\nhealth and welfare; and\n(iii) if the person in item (d) is not the applicant, evidence that the person is a person in\ncharge of the cats.\nSignature of applicant………………………………………………….…\nDate……………………………………………\nNote: A licence, if issued, will have effect for a period of 12 months, effective from the date of issue\nunless and until it is revoked or it is determined by the local government non-compliance with the\nconditions of the Shire of Northam Cat Local Law 2019 justifies this.\n————\nAPPLICATION FEE\nCat Management Facility Establishment Fee $200.00\nOFFICE USE ONLY\nApplication No. ...................................................... Date…………/…………/…………\nReceipt No. ............................................................\nAmount Paid...........................................................\nCashier ...................................................................\n","sortOrder":13},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"MINIMUM CONDITIONS OF A DESIGNATED","content":"SCHEDULE 2—MINIMUM CONDITIONS OF A DESIGNATED\n[clause 4.5(1)]\nAn application for a licence within the District may be approved subject to the following conditions—\n1. Cat Management Facility Building, Fixtures, Equipment and Appliances\n1.1 All building enclosures must be structurally sound, have impervious flooring, be well lit and\nventilated and otherwise comply with all legislative requirements;\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3817\n1.2 The Cat Management Facility must have a feed room, wash area, isolation cages and\nmaternity section;\n1.3 Materials used in structures are to be approved by the local government. The internal\nsurfaces of walls are, where possible, to be smooth, free from cracks, crevices and other defects;\n1.4 All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to\ncorrosion and constructed to prevent the harbourage of vermin;\n1.5 A wash hand basin with the minimum of piped cold water is to be provided in the building;\n1.6 A Cat Management Facility must have a secure area where cats are housed and can exercise\nand must be at a distance of not less than 10 metres from the front boundary of the premises and\n5 metres from any other boundary of the premises;\n1.7 A Cat Management Facility must have adequate measures in place to minimise the risk of\nunauthorised entry into the facility;\n1.8 Where floor washing is required, washings must pass through the drains and must be piped to\nan approved apparatus for the treatment of sewage (as specified by the Health (Treatment of\nSewage and Disposal of Effluent and Liquid Waste) Regulations 1974) and in accordance with the\nhealth requirements of the local government;\n1.9 All external surfaces of each Cat Management Facility must be impervious and kept in good\ncondition;\n1.10 A Cat Management Facility must have sufficient ventilation to keep animal housing areas\nfree of dampness, noxious odours and draughts, and prevent accumulation or concentrations of\ngases;\n1.11 A Cat Management Facility should supply fresh air, or if the animals are housed in a totally\nenclosed area where forced ventilation is the only form of air movement, there should be adequate\nair exchange rate;\n1.12 The Cat Management Facility is to be located away from sources of excessive noise or\npollution, and draughts that could cause injury or stress to animals;\n1.13 Natural lighting or lighting that duplicates the characteristics of natural light including a\nsimulated day/ night period;\n1.14 All cages and outdoor enclosures are to have adequate shelter in the form of a roof\nconstructed of impervious material;\n1.15 Must have a mix of cages to provide for individual housing where required and cages or\nmodules constructed of impervious, washable materials;\n1.16 All cages, outdoor enclosures and drinking vessels must be maintained in a clean condition\nand must be cleaned and disinfected. If in the opinion of an Authorised Person, the cage or vessel\nrequires cleaning, an order may be given by the Authorised Person.\n2. Cat Management Facility Operations and Maintenance\n2.1 Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to\nminimise disease;\n2.2 All refuse, faeces and food waste must be disposed of daily to the satisfaction of an Authorised\nPerson;\n2.3 Noise, odours, vermin, fleas, flies and other vectors of disease must be effectively controlled.\n2.4 Suitable water both for cleaning and drinking must be available at the Cat Management\nFacility;\n2.5 The maximum number of cats to be kept on the premises stated on the licence is not to be\nexceeded;\n2.6 An entry book is to be kept recording in respect of each cat the—\n(a) date of admission;\n(b) date of departure;\n(c) breed, age, colour and sex; and\n(d the name and residential address of the keeper;\n2.7 The entry book is to be made available for inspection on the request of an Authorised Person;\nand\n2.8 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(a) at the premises; or\n(b) in the opinion of the local government, sufficiently close to the premises so as to control\nthe cats, and to ensure their health and welfare.\n3. Cat Management Facility Additional conditions\n3.1 Any other matter which in the opinion of the local government is deemed necessary for the\nhealth and well-being of any cat, or person, or adjoining premises or the amenity of the area (or\nany part thereof).\n\n","sortOrder":14},{"sectionNumber":"3818","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3818 GOVERNMENT GAZETTE, WA 29 October 2019\n","sortOrder":15},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"OFFENCES AND MODIFIED PENALTIES","content":"SCHEDULE 3—OFFENCES AND MODIFIED PENALTIES\n[Clause 6.2]\nItem\nNo.\nNo.\n$\n1. 2.3(1)(a) Keeping more than 2 cats over the age of 6 months on a\npremises without an approval\n2. 2.3(1)(b) Using a premises as a cattery without an approval 200\n3. 2.6 Failing to comply with conditions of an application for\nadditional cats\n4. 3.1 Failing to take all reasonable measures to prevent a cat\ncreating a nuisance\n5. 3.2(2) If a cat is at any time in a place in contravention of clause 3.2(1) 200\n3.2(3)(a) (b) A cat shall not be in a place that is not a public place unless—\n(a) consent to its being there has been given by the\noccupier, or a person apparently authorised to consent\non behalf of the occupier; and\n(b) it is under effective control.\n3.2(4) If a cat is at any time in a place in contravention of any of the\nShire of Northam Cat Local law 2019\n6. 3.3(a) Failing to keep premises free of excrement, filth, food waste and\nother matter likely to be offensive or injurious to health or\nattract vermin.\n7. 3.3(b) Failing to clean and disinfect premises when directed by an\nAuthorised Person\n8. 3.3(c) Failing to keep premises free of flies or when directed by an\nAuthorised Person spray premises with residual insecticide or\nother means to kill or repel flies\n9. 4.1 Operating a Cat Management Facility without a licence 500\n10. 4.6 Failing to comply with conditions imposed by the local\ngovernment\n11. 5.5 Failing to comply with a notice issued under this local law 500\n12. 6.1 All other offences not specified 200\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3819\n1.6 Relationship with other laws\n1.7 Permit fees and charges\nPART 2—SUFFICIENT FENCES\n2.1 Sufficient fences\nPART 3—GENERAL\n3.1 Fences within front setback areas\n3.2 Maximum height of fences\n3.3 Fences on a rural lot\n3.4 Maintenance of fences\n3.5 Fences in relation to fill\n3.6 Gates in fences\n3.7 Fences across rights-of-way, public access ways or thoroughfares\n3.8 General discretion of the Local Government\n3.9 Estate Fences\n3.10 Tennis Court Fences\nPART 4—FENCING MATERIALS\n4.1 Fencing materials\n4.2 Pre-used fencing materials\n4.3 Barbed wire and broken glass fences\n4.4 Fences Screening and Colours\nPART 5—ELECTRIFIED AND RAZOR WIRE FENCES\n5.1 Requirements for a permit\n5.2 Application for a permit\n5.3 Determining an application\n5.4 Transfer of a permit\n5.5 Cancellation of a permit\n5.6 Right of appeal and review\nPART 6—NOTICES OF BREACH\n6.1 Notices of breach\n","sortOrder":16},{"sectionNumber":"Part 7","sectionType":"part","heading":"ENFORCEMENT","content":"PART 7—ENFORCEMENT\n7.1 Offences and penalties\n7.2 Modified penalties\n7.3 Form of notices\n\n","sortOrder":17},{"sectionNumber":"3820","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3820 GOVERNMENT GAZETTE, WA 29 October 2019\nFIRST SCHEDULE\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT\nSECOND SCHEDULE\nPERMIT FOR AN ELECTRIFIED FENCE\nTHIRD SCHEDULE\nPERMIT FOR A RAZOR WIRE FENCE\nFOURTH SCHEDULE\nOFFENCES AND MODIFIED PENALTIES\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3821\nUnder the powers conferred by the Local Government Act 1995 and by all other powers enabling it,\nthe Council of the Shire of Northam resolved on 16 October 2019 to make the following local law.\nThis local law may be cited as the Shire of Northam Fencing Local Law 2019.\nThis local law comes into operation on the 14th day after the day on which it is published in the\nGovernment Gazette.\nThe Shire of Northam Fencing Local Law 2008 published in the Government Gazette on 16 September\n2008 and all amendments thereto are hereby repealed on the day this local law comes into operation.\nThis local law applies throughout the district.\n(1) In this local law, unless the context requires otherwise—\nAct means the Local Government Act 1995;\nAS/NZS means an Australian Standard published by the Standards Association of Australia and\nas amended from time to time;\nLocal Government Act 1995 to carry out functions with respect to this local law;\nboundary fence means a fence, other than a dividing fence, that separates the lands of different\nowners whether the fence is on the common boundary of adjoining lands or on a line other\nthan a common boundary;\nbuilding permit means a building permit issued pursuant to the Building Act 2011;\nCEO means the Chief Executive Officer of the Shire of Northam;\ncommercial lot means a lot where a commercial use—\n(a) is or may be permitted under the town planning scheme; and\ndangerous in relation to any fence means—\n(a) an electrified fence other than a fence in respect of which a permit under Part 5 of this\nlocal law has been issued and is current;\n(b) a fence containing barbed wire other than a fence erected and maintained in\naccordance with this local law;\n(c) a fence containing exposed broken glass, asbestos fibre, razor wire or any other\npotentially harmful projection or material; or\n(d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall,\nfrom any cause;\ndividing fence means a fence that separates the lands of different owners whether the fence is\non the common boundary of adjoining lands or on a line other than the common boundary;\nelectrified fence means a fence carrying or designed to carry an electric charge;\nelectrified fence permit means a permit, in the form of the Second Schedule, to have and use an\nelectrified fence on the lot to which the permit applies;\n\n","sortOrder":18},{"sectionNumber":"3822","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3822 GOVERNMENT GAZETTE, WA 29 October 2019\nestate boundary fence means a fence around the external boundary of a subdivision to indicate\nthe extent of that subdivision and includes any special works or construction that indicates\nthe entrance to that land;\nestate entry statement means a fence or wall that identifies the entrance of an estate, and\nincludes any sign (indicating the estate name and locality) sculpture, flagpole or flag;\nestate fence means an estate entry statement or an estate boundary fence;\nfence means any structure, that is used or functioning as a barrier, irrespective of where it is\nlocated and includes a gate that separates the road reserve and a lot adjacent to the road\nreserve;\nfront boundary means the boundary that separates a thoroughfare and the front of the lot;\nfront setback means the horizontal distance between the front boundary and a wall of the\nbuilding measured at right angle to the front boundary;\nheight in relation to a fence means the vertical distance between—\n(a) the top of the fence at any point; and\n(b) the ground level or, where the ground levels on each side of the fence are not the same,\nthe higher ground level, immediately below that point;\nindustrial lot means a lot where an industrial use—\n(a) is or may be permitted under the town planning scheme; and\nland includes a house, building, work, or structure, in or on the land;\nlot means a defined portion of land for which a separate certificate of title has been issued and\nincludes a strata lot;\nnatural ground level, in relation to a development, means—\n(a) the level approved, for the purposes of the development, by the local government, under\na local planning scheme; or\n(b) in any other case, the level which existed immediately before the commencement of the\ndevelopment, (including any site works);\nnon-sacrificial graffiti protection means a coating applied to a fence or wall which is not\nremoved in the process of removing graffiti;\nnotice of breach means a notice referred to in clause 6.1(1);\noccupier has the meaning given to it in the Local Government Act 1995;\nowner for the purposes of the definition of ‘dividing fence’, has the meaning given to it in the Act;\nowner for all other purposes, has the meaning given to it in the Local Government Act 1995;\npermit means an electrified fence permit or a razor wire fence permit under Part 5;\nperson has the meaning given to it in the Interpretation Act 1984;\npublic place means a place to which the public has access;\nreserve means land (including parkland or foreshore) in or adjoining the district that is—\n(a) set apart for the use and enjoyment of the public; or\n(b) Acquired for public purposes and vested in or under the care control and management\nof the local government;\nrazor wire fence permit means a permit, in the form of the Third Schedule, to construct a fence\nwholly or partly of razor wire on the lot to which the permit applies;\nresidential lot means a lot where a residential use—\n(a) is or may be permitted under a local planning scheme; and\nretaining wall means any structure which prevents the movement of soil in order to allow\nground levels of different elevations to exist adjacent to one another;\nright of way means a portion of land that is—\n(a) shown and marked ‘Right of Way’ or ‘R.O.W’, or coloured or marked in any other way to\nsignify that the portion of land is a right of way, on any plan or diagram deposited with\nthe Registrar of Titles that is subject to the provisions of section 167A of the Transfer of\nLand Act 1893;\n(b) shown on a diagram or plan of survey relating to a subdivision that is created as a right\nof way and vested in the Crown under section 152 of the Planning and Development\nAct 2005; or\n(c) shown and marked as a right of way on a map or plan deposited with the Registrar of\nTitles and transferred to the Crown under the Transfer of Land Act 1893, but does not\ninclude—\n(i) private driveway; or\n(ii) right of way created by easement between two parties;\nrural lot means a lot where a rural use—\n(a) is or may be permitted under a local planning scheme; and\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3823\nrural residential lot means a lot where a rural residential use—\n(a) is or may be permitted under the local planning scheme; or\n(b) is or will be the predominant use of the lot; and\n(c) is generally ranging from 1 to 4 hectares;\nrural smallholdings lot means a lot where a rural smallholdings use—\n(a) is or may be permitted under the local planning scheme; or\n(b) is or will be the predominant use of the lot; and\n(c) is generally ranging in size from 4 to 40 hectares;\nschedule means a schedule to this local law;\nsetback area has the meaning given to it for the purposes of a local planning scheme;\nsufficient fence means a fence described in clause 2.1; and includes a fence of the description\nand quality agreed upon by the owners of adjoining lots which does not fail to satisfy\nclause 2.1\nthoroughfare has the meaning given to it in the Local Government Act 1995;\nplanning scheme means a local planning scheme of the local government made under the\nPlanning and Development Act 2005;\nunsightly has the meaning given to it in and for the purposes of the Local Government Act 1995;\nwritten law has the same meaning given to it by section 5 of the Interpretation Act 1984 and\nincludes this local law.\n(2) Any other expression used in this local law and not defined herein must have the meaning given to\nit in the—\n(a) Local Government Act 1995;\n(b) Dividing fences Act 1961\n(c) Building Act 2011; or\n(d) Planning and Development Act 2005;\nunless the context requires otherwise.\n(3) A reference to an Australian Standard is to that Australian Standard as it is amended from time\nto time.\n1.6 Relationship with other laws\n(1) In the event of any inconsistency between the provisions of a local planning scheme and the\nprovisions of this local law, the provisions of the local planning scheme are to prevail.\n(2) Nothing in this local law affects a provision in any other written law in respect of a building\npermit for a fence.\n1.7 Permit fees and charges\nAll permit fees and charges applicable under this local law shall be as determined by the local\ngovernment from time to time in accordance with section 6.16 to 6.19 of the Local Government\nAct 1995.\nPART 2—SUFFICIENT FENCES\n2.1 Sufficient fences\n(1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient fence.\n(2) Subject to subclauses (3) and (4), a sufficient fence—\n(a) on a residential lot is a dividing fence or a boundary fence constructed and maintained in\naccordance with the specifications and requirements of the First Schedule.\n(b) on a commercial lot and on an industrial lot is a dividing fence or a boundary fence\nconstructed and maintained in accordance with the specifications and requirements of the\nFirst Schedule;\n(c) on a rural lot, rural residential lot or rural small holding lot is a dividing fence or a boundary\nfence constructed and maintained in accordance with the specifications and requirements of\nthe First Schedule.\n(3) Where a fence is erected on or near the boundary between—\n(a) a residential lot and an industrial lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of the First Schedule;\n(b) a residential lot and a commercial lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of the First Schedule;\n(c) a residential lot and a rural lot, rural residential or rural small holding a sufficient fence is a\ndividing fence constructed and maintained in accordance with the specifications and\nrequirements of the First Schedule.\n(4) Unless the local government specifies otherwise, a sufficient fence on a boundary between lots\nother than those specified in subclause (3) is a dividing fence constructed in accordance with the\nspecifications and requirements of the First Schedule.\n\n","sortOrder":19},{"sectionNumber":"3824","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3824 GOVERNMENT GAZETTE, WA 29 October 2019\n(5) Notwithstanding any other provisions in this local law, a fence constructed of stone or concrete\nshall be a sufficient fence only if it is designed by a structural engineer where—\n(a) it is greater than 1800mm in height; or\n(b) the local government so requires.\nPART 3—GENERAL\n3.1 Fences within front setback areas\n(1) A person shall not, without the written consent of the local government, erect a free-standing fence\ngreater than 1200mm in height, within the front set-back area of a residential lot within the district.\n(2) The local government may approve the erection of a fence of a height greater than 1200mm in the\nfront setback area of a residential lot only if the fence on each side of the driveway into the Lot across\nthe front boundary is to be angled into the Lot for a instance of not less than 1500mm along the\nfrontage to a distance of not less than 1500mm from the frontage in order to provide appropriate\nsplayed lines of vision for a motorist using the driveway for access to a thoroughfare.\n(3) The provision of subclause (2) shall not apply to a fence—\n(a) of open construction that does not obscure the lines of vision of a motorist using the driveway\nfor access to a thoroughfare; or\n(b) that does not adjoin a footpath.\n(4) Secondary street fences shall be visibly permeable above 1200mm from natural ground level for\n50% of the length of the street boundary, right of way or access leg and shall allow surveillance from\nan outdoor living area and/or major opening such as a window to a habitable room.\n3.2 Maximum height of fences\nA person shall not erect a fence that is greater in height than—\n(a) 1800mm on a residential or rural lot, or\n(b) 2400mm on a commercial or industrial lot.\n3.3 Fences on a rural lot\nA person shall not without the written consent of the local government, erect a fence on a rural lot,\nwithin 7.5m of a thoroughfare of a height exceeding 1500mm.\n3.4 Maintenance of fences\n(1) An owner or occupier of a lot on which a fence is erected shall maintain the fence in good condition\nand so as to prevent it from becoming dangerous, dilapidated, unsightly or prejudicial to the amenity\nof the locality.\n(2) Where in the opinion of an Authorised Person, a fence is in a state of disrepair or is dangerous or\nis otherwise in breach of a provision of this local law, an Authorised Person may give notice in writing\nto the owner or occupier (as the case requires) of the land on which the fence is erected, requiring the\nowner or occupier to modify, repair, paint, or maintain the fence within the time and in the manner\nspecified in the notice.\n(3) A notice issued pursuant to subclause (2) may contain a condition requiring that the fence be\ntreated with a non-sacrificial graffiti protection treatment, which protection treatment must be\napplied in accordance with the manufacturer’s specifications.\n3.5 Fences in relation to fill\n(1) A free standing fence constructed of corrugated fibre reinforced pressed cement must not have\nmore than 150mm difference in soil levels on each side.\n(2) Where land has been filled or retained to a height of more than 500mm above natural ground level\nat or within 1m of a boundary, a person must only erect a dividing fence that is a sufficient fence on\nthe said fill or retaining wall if the applicant produces to the local government written agreement\nfrom all and any adjoining land owners.\n3.6 Gates in fences\nA person shall not erect a fence which does not—\n(a) open into a lot, if the gate is providing access to a thoroughfare; or\n(b) open by sliding parallel and on the inside of the fence, which it forms part of, when closed.\n3.7 Fences across rights-of-way, public access ways or thoroughfares\nA person shall not, without the approval of the local government, erect or maintain a fence or\nobstruction of a temporary or permanent nature across any rights-of-way, public access way or\nthoroughfare so as to impede or prevent use of those facilities in the manner for which they are\nintended and constructed.\n3.8 General discretion of the local government\n(1) Notwithstanding clauses 2.1 and 3.2, the local government may consent to the erection or repair of\na fence which does not comply with the requirements of this local law.\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3825\n(2) In determining whether to grant its consent to the erection or repair of any fence, the local\ngovernment may consider, in addition to any other matter that it is authorised to consider, whether\nthe erection or retention of the fence would have an adverse effect on—\n(a) the safe or convenient use of any land;\n(b) the safety or convenience of any person; or\n(c) the visual amenity of the locality.\n3.9 Estate Fences\n(1) A person must not construct an estate fence without a permit.\n(2) Where an estate fence is constructed and contains an estate name, the estate fence must also\ndepict the suburb name in equal prominence.\n(3) An owner or occupier of a lot adjacent to an estate boundary must, where that estate boundary\nfence is damaged, dilapidated or in need of repair, ensure that—\n(a) it is repaired or replaced with the same or similar materials with which it was first\nconstructed; and\n(b) so far as is practicable the repaired or replaced section is the same as the original fence.\n3.10 Tennis Court Fences\n(1) This clause does not apply to a rural lot.\n(2) A person shall not erect a fence around or partly around a tennis court on a lot unless—\n(a) the fence is less than 3.6m in height;\n(b) the whole of the fence is at least 900mm from the boundary between the lot on which the\ntennis court is located and the adjoining lot or if it is less than 900mm, the owner of the\nadjoining lot has been given the opportunity to make submissions to the local government on\nthe location of the fence; and\n(c) the fence is constructed of chain link fabric mesh and is 50mm x 2.5mm poly vinyl chloride\ncoated or galvanised, and is erected in accordance with the manufacturers specifications.\nPART 4—FENCING MATERIALS\n4.1 Fencing materials\n(1) A person shall construct any fence on a residential lot, rural residential lot, small holding lot,\ncommercial lot or an industrial lot from only those materials specified for a sufficient fence in respect\nof such lot in the First Schedule or some other material approved by the local government.\n(2) No person shall erect a fence of impervious material in any place, position or location where it will,\nor is likely to, act as a barrier to or restrict the flow of stormwater or a watercourse.\n4.2 Pre-used fencing materials\n(1) A person must not construct a dividing fence on a residential lot, rural residential lot, small\nholding lot, commercial lot or an industrial lot from pre-used materials without the written consent of\nthe local government or an Authorised Person.\n(2) Where the local government or an Authorised Person approves, under this Part, the use of pre-\nused materials in the construction of a fence that approval must be conditional on the applicant\npainting or treating the pre-used material as directed by the local government or an Authorised\nPerson.\n4.3 Barbed wire and broken glass fences\n(1) This clause does not apply to a fence constructed wholly or partly of razor wire.\n(2) An owner or occupier of a residential lot or a commercial lot shall not erect or affix to any fence on\nsuch a lot any barbed wire or other material with spiked or jagged projections, unless the prior\nwritten approval of the local government has been obtained.\n(3) An owner or occupier of an industrial lot shall not erect or affix on any fence bounding that lot any\nbarbed wire or other materials with spiked or jagged projections unless the wire or materials are not\nnearer than 2000mm from the ground level.\n(4) If the posts which carry the barbed wire or other materials referred to in subclause (3) are angled\ntowards the outside of the lot bounded by the fence the face of the fence must be set back from the lot\nboundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not\nencroach on adjoining land.\n(5) An owner or occupier of a lot shall not affix or allow to remain as part of any fence or wall, whether\ninternal or external, on that lot any broken glass.\n(6) An owner or occupier of a rural lot shall not place or affix barbed wire upon a fence on that lot\nwhere the fence is adjacent to a thoroughfare or other public place unless the barbed wire is fixed to\nthe side of the fence posts furthest from the thoroughfare or other public place.\n4.4 Fence Screening and Colours\n(1) On a residential lot, commercial lot, or industrial lot, any screening affixed to a fence shall be\ndesigned to integrate with the colours, materials and specification of that sufficient fence, to the\nsatisfaction of the local government.\n(2) On a rural residential lot, rural smallholdings lot or rural lot, no person shall affix any screening\nto a fence.\n\n","sortOrder":20},{"sectionNumber":"3826","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3826 GOVERNMENT GAZETTE, WA 29 October 2019\n(3) Screening affixed to a fence shall be installed and maintained in accordance with the\nmanufacturers specifications and shall not undermine the structural integrity of the fence.\nPART 5—ELECTRIFIED AND RAZOR WIRE FENCES\n5.1 Requirements for a Permit\n(1) An owner or occupier of a lot, other than a rural lot, shall not—\n(a) have and use an electrified fence on that lot without first obtaining a permit under\nsubclause (2); or\n(b) construct a fence wholly or partly of razor wire on that lot without first obtaining a permit\nunder subclause (3).\n(2) A permit to have and use an electrified fence shall not be issued—\n(a) in respect of a lot which is or which abuts a residential lot;\n(b) unless the fence is of a design which will comply with AS/NZS 3016:2002 Electrical\ninstallations—Electricity security fences; and\n(c) unless provision is made so as to enable the fence to be rendered inoperable during the hours\nof business operations, if any, on the lot where it is erected.\n(3) A permit to have a fence constructed wholly or partly of razor wire shall not be issued—\n(a) if the fence is within 3m of the boundary of the lot;\n(b) where any razor wire used in the construction of the fence is less than 2000mm or more than\n2400mm above the ground level.\n(4) An application for a permit referred to in subclauses (2) or (3) shall be made by the owner of the lot\non which the fence is or is to be erected, or by the occupier of the lot with the written consent of the\nowner.\n5.2 Application for a Permit\n(1) An owner or occupier of land may apply to the local government for an electrified fence permit or a\nrazor wire fence licence permit.\n(2) An application for a permit must—\n(a) be in the form determined by the local government;\n(b) include—\n(i) a written consent signed by the owner of the land on which the proposed fence is to be\nlocated—unless the applicant is the owner of that land; and\n(ii) any further information may be required by the local government; and\n(c) be accompanied by any fee imposed by the Council under sections 6.16 to 6.19 of the Local\nGovernment Act 1995.\n5.3 Determining an application\n(1) The local government may refuse to consider an application that does not comply with clause 5.2.\n(2) The local government may—\n(a) approve an application, subject to any conditions that it considers to be appropriate; or\n(b) refuse to approve an application.\n(3) If the local government approves an application, it is to issue a permit in the form set out in the\nSecond Schedule or the Third Schedule (as the case may be).\n(4) The local government may vary a condition to which a permit is subject by giving written notice to\nthe permit holder and the varied condition takes effect 7 days after that notice is given.\n5.4 Transfer of a permit\n(1) A permit referred to in clause 5.1 shall transfer with the land to any new occupier or owner of the\nlot, to which the permit applies.\n(2) On an application by a new owner or occupier, the local government is to transfer the relevant\npermit to that new owner or occupier (as the case may be) by a written endorsement on the permit.\n5.5 Cancellation of a Permit\nSubject to Division 1 Part 9 of the Local Government Act 1995, the local government may cancel a\npermit issued under this Part if—\n(a) the permit holder requests the local government to do so;\n(b) the fence to which the permit applies is being demolished and not being rebuilt for at least 6\nmonths;\n(c) the fence no longer satisfies the requirements specified in clause 5.1(2) or 5.1(3) as the case\nmay be;\n(d) the permit holder breaches any condition upon which the permit has been issued; or\n(e) the permit holder fails to comply with a notice issued under clause 6.1.\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3827\n5.6 Right of appeal and review\nWhen the local government makes a decision as to whether it will—\n(a) grant a person a permit under this local law;\n(b) renew, vary, or cancel a permit, that a person has under this local law, or\n(c) give a person a notice,\nthe provisions of Division 1 of Part 9 of the Local Government Act 1995 and regulation 33 of the Local\nGovernment (Functions and General) Regulations 1996 apply to that decision.\nPART 6—NOTICES OF BREACH\n6.1 Notices of breach\n(1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, the\nlocal government may give a notice in writing to the owner of that lot (‘notice of breach’).\n(2) A notice of breach shall—\n(a) specify the provision of this local law which has been breached;\n(b) specify the particulars of the breach; and\n(c) state that the owner or occupier of the lot is required to remedy the breach within 28 days\nfrom the giving of the notice.\nPART 7—ENFORCEMENT\n7.1 Offences and penalties\n(1) A person who fails to comply with a notice of breach commits an offence and is liable upon\nconviction to a penalty of not less than $500 and not exceeding $5000 and, if the offence is a\ncontinuing offence, to a maximum daily penalty of $500.\n(2) A person who fails to comply with or who contravenes any provision of this local law commits an\noffence and is liable to maximum penalty of $5000 and, if the offence is a continuing offence, to a\nmaximum daily penalty of $500.\n7.2 Modified penalties\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of\nsection 9.16 of the Local Government Act 1995.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin the Fourth Schedule.\n(3) Before giving an infringement notice to a person in respect of the commission of a prescribed\noffence, an Authorised Person should be satisfied that—\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the\nprescribed offence was committed, and the facts in issue are readily ascertainable.\n7.3 Form of notices\n(a) the form of the infringement notice referred to in section 9.17 of the Local Government\nAct 1995 is to be in the form of Form 2 of Schedule 1 of the Local Government (Functions and\nGeneral) Regulations 1996; and\n(b) the form of the withdrawal of infringement notice referred to in section 9.20 of the Local\nGovernment Act 1995 is to be in the form of Form 3 in Schedule 1 of the Local Government\n(Functions and General) Regulations 1996.\n\n","sortOrder":21},{"sectionNumber":"3828","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3828 GOVERNMENT GAZETTE, WA 29 October 2019\nFIRST SCHEDULE\nSPECIFICATIONS FOR A SUFFICIENT FENCE\n[clause 2.1]\nEach of the following is a “sufficient fence” on the specified lot type:\nA. RESIDENTIAL LOT\n(1) Timber fence\n(a) corner posts to be 125mm x 125mm x 2,400mm and intermediate posts to be 125mm x\n75mm x 2,400mm spaced at 2,400mm centres;\n(b) corner posts to be strutted two ways with 100mm x 50mm x 450mm sole plates and 75mm x\n50mm struts;\n(c) intermediate posts to be doubled yankee strutted with 150mm x 25mm x 450mm struts;\n(d) all posts to have tops with a 60mm weather cut and to be sunk at least 600mm into the\nground;\n(e) rails to be 75mm x 50mm with each rail spanning 2 bays of fencing double railed or bolted to\neach post with joints staggered;\n(f) the fence to be covered with 75mm x 20mm sawn pickets, 1,800mm in height placed 75mm\napart and affixed securely to each rail;\n(g) the height of the fence to be 1,800mm except with respect to the front set back area for which\nthere is no minimum height but which is subject to clause 2.1(2).\n(2) Corrugated fence\nA fence constructed of corrugated fibre reinforced pressed cement or steel sheeting constructed to\nmanufacturer’s specifications or which satisfies the following specifications—\n(a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any case\nwith a minimum in-ground depth of 600mm;\n(b) the total height and depth of the fence to consist of a single continuous fibre reinforced\ncement or steel sheet;\n(c) the sheets to be lapped and capped with extruded “snap-fit” type capping in accordance with\nthe manufacturer’s written instructions;\n(d) the height of the fence to be 1.8 metres except with respect to the front set back area for\nwhich there is no minimum height but which is subject to clause 2.1(2).\n(3) Brick, stone or concrete fence\nA fence constructed of brick, stone or concrete, which satisfies the following requirements and\n(a) footings of minimum 225mm x 150mm concrete 15MPA or 300mm x 175mm brick laid in\ncement mortar or 400mm x 400mm concrete 20MPA with minimum 1 layer 4-L11TM;\n(b) pier specifications—\n(i) continuous fence with engaged piers or infill panels between piers maximum 2.1 metres\nhigh with No. 2 R6 galvanised rod continuous in last mortar bed joint;\n(ii) engaged or attached piers 290mm x 290mm (for 90mm wide masonry unit) and 350mm\nx 350mm (for 110 wide masonry unit) with No. 1 Y12 galvanised reinforcing rod tied\ninto footing and located centrally in pier;\n(iii) pier core to be filled with 15MPA concrete. Piers at maximum 2.1 metre centres.\n(c) expansion joints in accordance with the manufacturer’s written instructions;\n(d) a minimum height of 1.8 metres up to 2.1 metres (including screening), except within the\nstreet setback area which is subject to requirements outlined in clause 3.1; and\n(e) certified by a Structural Engineer as being appropriate for the particular site and wind\nterrain category.\n(4) Composite fence\nA composite fence which satisfies the following specifications for the brick construction—\n(1) (a) brick piers of minimum 345mm x 345mm at 1,800mm centres bonded to a minimum\nheight base wall of 514mm;\n(b) each pier shall be reinforced with one R10 galvanised starting rod 1,500mm high with a\n250mm horizontal leg bedded into a 500mm x 200mm concrete footing and set 65mm\nabove the base of the footing. The top of the footing shall be 1 course (85mm) below\nground level;\n(c) the minimum ultimate strength of brickwork shall be 20MPA. Mortar shall be a mix of\n1 part cement, 1 part lime and 6 parts sand;\n(d) the ground under the footings is to be compacted to 6 blows per 300mm and checked with\na standard falling weight penetrometer;\n(e) control joints in brickwork shall be provided with double piers at a maximum of 6-metre\ncentres;\nor\n(2) (a) brick piers of a minimum 345mm x 345mm x 2,700mm centres bonded to the base wall;\nand\n(b) each pier shall be reinforced with two R10 galvanised starting rods as previously\nspecified.\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3829\nB. RURAL RESIDENTIAL LOT, RURAL SMALLHOLDINGS LOT OR RURAL LOT\n(1) Post and wire construction\nIn the case of a non-electrified fence of post and wire construction—\n(a) wire shall be high tensile wire and not less than 2.5mm. A minimum of 5 wires shall be used,\ngenerally with the lower wires spaced closer together than the higher wires so as to prevent\nsmaller stock passing through, and connected to posts in all cases;\n(b) posts shall be of indigenous timber or other suitable material including—\n(i) timber impregnated with a termite and fungicidal preservative;\n(ii) standard iron star pickets; or\n(iii) concrete;\n(c) if timber posts are used, posts are to be cut not less than 1,800mm long x 50mm diameter at\nsmall end if round or 125mm x 60mm if split or sawn. Posts to be placed at no more than 10\nmetre intervals, set minimum 600mm in the ground and 1,200mm above ground;\n(d) strainer posts, if timber, shall not be less than 2,250mm long and 150mm diameter at the\nsmall end (tubular steel to be 50mm in diameter) and shall be cut from indigenous timber or\nother suitable material. These shall be placed a minimum of 1,000mm in the ground and set\nat all corners, gateways and fence line angles but not exceeding 200 metres apart.\n(2) Electrified fence\nAn electrified fence having 4 wires is a sufficient fence if constructed generally in accordance with a\nnon-electrified fence.\nC. COMMERCIAL LOT OR INDUSTRIAL LOT\n(1) PVC coated rail-less link mesh, chain mesh or steel mesh which satisfies the following\n(a) corner posts to be minimum 50mm normal bore x 3.5mm and with footings of a 225mm\ndiameter x 900mm;\n(b) intermediate posts to be minimum 37mm nominal bore x 3.15mm at maximum 3.5 centres\nand with footings of a 225mm diameter x 600mm;\n(c) struts to be minimum 30mm nominal bore x 3.15mm fitted at each gate and two at each\ncorner post and with footings 225mm x 600mm;\n(d) cables to be affixed to the top, centre and bottom of all posts and to consist of two or more\n3.15mm wires twisted together or single 4mm wire;\n(e) rail-less link, chain or steel mesh is to be to a height of 2 metres on top of which are to be\n3 strands of barbed wire carrying the fence to a height of 2.4 metres in accordance with\nclause 4.3 of this local law; and\n(f) galvanised link mesh wire to be 2 metres in height and constructed of 50mm mesh 2.5mm\ngalvanised iron wire and to be strained, neatly secured and laced to the posts and affixed to\ncables. Vehicle entry gates shall provide an opening of not less than 3.6 metres and shall be\nconstructed of 25mm tubular framework with 1 horizontal and 1 vertical stay constructed of\n20mm piping and shall be covered with 50mm x 2.5mm galvanised link mesh strained to\nframework. Gates shall be fixed with a drop bolt and locking attachment.\n(2) Corrugated fence\nA fence constructed of corrugated fibre reinforced pressed cement or steel sheeting constructed to\nmanufacturer’s specifications or which satisfies the following specifications—\n(a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any case\nwith a minimum in-ground depth of 600mm;\n(b) the total height and depth of the fence to consist of a single continuous fibre reinforced\ncement or steel sheet;\n(c) the sheets to be lapped and capped with extruded “snap-fit” type capping in accordance with\nthe manufacturer’s written instructions;\n(d) the height of the fence to be 1.8 metres except with respect to the front set back area for\nwhich there is no minimum height but which is subject to clause 2.1(2).\n(3) Brick, stone or concrete fence\nA fence constructed of brick, stone or concrete, which satisfies the following requirements and\n(a) footings of minimum 225mm x 150mm concrete 15MPA or 300mm x 175mm brick laid in\ncement mortar or 400mm x 400mm concrete 20MPA with minimum 1 layer 4-L11TM;\n(b) pier specifications—\n(i) continuous fence with engaged piers or infill panels between piers maximum 2.1 metres\nhigh with No. 2 R6 galvanised rod continuous in last mortar bed joint;\n(ii) engaged or attached piers 290mm x 290mm (for 90mm wide masonry unit) and 350mm\nx 350mm (for 110 wide masonry unit) with No. 1 Y12 galvanised reinforcing rod tied\ninto footing and located centrally in pier;\n(iii) pier core to be filled with 15MPA concrete. Piers at maximum 2.1 metre centres;\n(c) expansion joints in accordance with the manufacturer’s written instructions;\n\n","sortOrder":22},{"sectionNumber":"3830","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3830 GOVERNMENT GAZETTE, WA 29 October 2019\n(d) a minimum height of 1.8 metres up to 2.1 metres (including screening), except within the\nstreet setback area which is subject to requirements outlined in clause 3.1; and\n(e) certified by a Structural Engineer as being appropriate for the particular site and wind\nterrain category.\nSECOND SCHEDULE\nPERMIT FOR AN ELECTRIFIED FENCE\n[clause 5.3]\nThis is to certify that.....................................................................................................................................\nof ....................................................................................................................................................................\nis the permit holder, subject to the conditions set out below, to have and use an electrified fence on\n.......................................................................................................................................................................\n.......................................................................................................................................................................\n(address)\nfrom ........................................................... 20............... and until this permit is transferred or cancelled.\nDated this ….....….. day of ………..……....…….. 20...........\nConditions of Permit\nThe holder of the permit must—\n(a) display the permit in a prominent position on the land or premises on which the electrified\nfence has been constructed;\n(b) upon the request of the local government or an Authorised Person produce to him or her this\npermit;\n(c) within 14 days of a change in the ownership or occupation of the land or premises in respect\nof which the permit has been granted, notify the local government in writing of the details of\nthat change or those changes;\n(d) obtain the written consent of the local government prior to the commencement of any\nalteration, addition or other work relating to or affecting the electrified fence;\n(e) comply with AS/NZS 3016:2002; and\n(f) following construction of the fence, lodge with Western Power a certificate of installation from\na qualified electrician and comply with any requirements of Western Power regarding the\nconstruction of the fence.\nTransfer by endorsement\nThis permit is transferred to ........................................................................................................................\n.......................................................................................................................................................................\nof ....................................................................................................................................................................\n.......................................................................................................................................................................\nfrom and including the date of this endorsement.\nDated this ….....….. day of ……..………....…….. 20...........\nTHIRD SCHEDULE\nPERMIT FOR A RAZOR WIRE FENCE\n[clause 5.3]\nThis is to certify that.....................................................................................................................................\nof ....................................................................................................................................................................\nis the permit holder, subject to the conditions set out below, to have a fence constructed wholly or\npartially of razor wire on ..............................................................................................................................\n....................................... ……………………………………………………………………………………………...\n(address)\nfrom ............................................................ 20............... and until this permit is transferred or cancelled.\nDated this ….....….. day of ……………......…….. 20...........\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3831\nConditions of permit\nThe holder of the permit must—\n(a) display this permit in a prominent position on the land or premises on which the fence has\nbeen constructed;\n(b) on the request of the local government or an Authorised Person, produce to him or her this\npermit;\n(c) within 14 days of a change in the ownership or occupation of the land or premises in respect\nof which the permit has been granted, notify the local government in writing of the details of\nthat change or those changes; and\n(d) obtain the written consent of the local government prior to the commencement of any\nalteration, addition or other work relating to or affecting the fence.\nTransfer by endorsement\nThis permit is transferred to .........................................................................................................................\n........................................................................................................................................................................\nof .....................................................................................................................................................................\n........................................................................................................................................................................\nfrom and including the date of this endorsement.\nDated this ….....….. day of ……..………....…….. 20...........\nFOURTH SCHEDULE\nOFFENCES AND MODIFIED PENALTIES\n[clause 7.2]\nItem\nNo.\nNo.\n$\n1. 2.1(1) Erect a fence which is not a sufficient fence 250\n2. 3.1(1) Erect or modify a fence within the street setback area without\nwritten consent of the local government\n3. 3.2 Erect a fence which is higher than the permitted height 250\n4. 3.3 Erect a fence on a rural lot which is higher than the permitted height 250\n5. 3.4(1) Failing to maintain a fence in good condition or preventing a fence\nfrom becoming dangerous, dilapidated or unsightly\n6. 3.5(1) Erect or permit a fence of corrugated fibre reinforced pressed cement\nhaving soil higher than 150mm on a side of the fence\n7. 3.6(a) Erect a fence which contains a gate which does not open into the lot 250\n8 3.6(b) Erect a fence which contains a sliding gate which is not located on\nthe inside of the fence on the lot\n9. 3.7 Erect a fence across a right of way, public access way or thoroughfare\nwithout the approval of the local government\n10. 4.1(1) Construct a fence on a residential lot, rural residential lot, small\nholding lot, commercial lot or an industrial lot from materials not\napproved by the local government\n11. 4.2(1) Construct a dividing fence on a residential lot, rural residential lot,\nsmall holding lot, commercial lot or an industrial lot from pre-used\nmaterials without the approval of the local government\n12. 4.3(2) Erect a fence using barbed wire or other material with spiked or\njagged projections in fence construction without written approval of\nthe local government\n13. 4.3(3) Erect a fence using barbed wire or other material with spiked or\njagged projections in a fence at a level lower than 2000mm from the\nground\n14. 5.1(1) Have or use razor wire in a fence or electrify a fence without having\na permit\n15. 6.1(1) Failing to comply with the requirements of a notice 500\n16. 7.1(2) All other penalties not specified 250\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3833\n1.4 Interpretation\n1.5 Application of particular definitions\n1.6 Application and pre-existing signs\n1.7 Classes of vehicles\n1.8 Part of thoroughfare to which sign applies\n1.9 Powers of Local Government\nPART 2—PARKING BAYS, PARKING STATIONS AND PARKING AREAS\n2.1 Determination of parking bays, parking stations and parking areas\n2.2 Vehicles to be within a parking bay\n2.3 Parking where fees are payable\n2.4 Parking restrictions in fee paying zones\n2.5 Parking in a ticket parking zone or ticket parking area\n2.6 Methods of payment\n2.7 Reserved fee paying zones\n2.8 Use of counterfeit or altered parking tickets\nPART 3—PARKING GENERALLY\n3.1 Restrictions on parking in particular areas\n3.2 Parking and stopping on a carriageway\n3.3 When parallel and right-angled parking apply\n3.4 When angle parking applies\n3.5 Parking of heavy and long vehicles\n3.6 Authorised Person may order vehicle on thoroughfare to be moved\n3.7 Authorised Person\n3.8 No movement of vehicles to avoid time limitation\n3.9 No parking of vehicles exposed for sale and in other circumstances\n3.10 Parking on private land\n3.11 Parking on reserves\n3.12 Right of ways\n3.13 Suspension of parking limitations for urgent, essential or official duties\nPART 4—PARKING AND STOPPING IN ZONES FOR\nPARTICULAR VEHICLES\n4.1 Stopping at intersections\n4.2 Stopping in a loading zone\n4.3 Stopping in a taxi zone or a bus zone\n4.4 Stopping in a mail zone\n4.5 Construction site vehicle parking\n4.6 Other limitations in zones\nPART 5—OTHER PLACES WHERE STOPPING IS RESTRICTED\n5.1 Stopping in a shared zone\n5.2 Double parking\n5.3 Stopping near an obstruction\n5.4 Stopping in a bus lane, transit lane or truck lane\n\n","sortOrder":23},{"sectionNumber":"3834","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3834 GOVERNMENT GAZETTE, WA 29 October 2019\n5.5 Stopping on a bridge, causeway, ramp or in a tunnel\n5.6 Stopping on crests and curves\n5.7 Stopping near a fire hydrant\n5.8 Stopping near a bus stop\n5.9 Stopping on a traffic island\n5.10 Stopping on a verge\n5.11 Obstructing access to a footpath, path or crossover\n5.12 Stopping near a public letter box\n5.13 Stopping on a carriageway with a bicycle parking sign\n5.14 Stopping on a carriageway with motorcycle parking sign\n5.15 Stopping on a median strip\n5.16 Eating Areas in parking bays\nPART 6—PARKING PERMITS\n6.1 Interpretation\n6.2 Issue of a parking permit\n6.3 Validity of a parking permit\n6.4 Revoking a parking permit\n6.5 Where a parking permit applies\n6.6 Return of a parking permit to the local government\n6.7 Counterfeit or altered parking permit\n6.8 Replacement of a parking permit\n6.9 Discretionary Authority\n6.10 Fees payable\nPART 7—MISCELLANEOUS\n7.1 Impersonating an Authorised Person\n7.2 Removal of notices from a vehicle\n7.3 Unauthorised signs and defacing signs\n7.4 Contravention of signs\n7.5 General provisions about signs\n7.6 Damage to parking areas and associated infrastructure\n7.7 Special purpose and emergency vehicles\n7.8 Vehicles not to obstruct a public place\n","sortOrder":24},{"sectionNumber":"Part 8","sectionType":"part","heading":"ENFORCEMENT","content":"PART 8—ENFORCEMENT\n8.1 Offences and penalties\n8.2 Form of notices\nSCHEDULE 1—PARKING REGION\nSCHEDULE 2—PRESCRIBED OFFENCES\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3835\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the Shire of Northam resolved on 16 October 2019 to make the following local law.\nThis local law may be cited as the Shire of Northam Parking Local Law 2019.\nThis local law comes into operation 14 days after the date of publication in the Government Gazette.\nThe Shire of Northam Parking and Parking Facilities Local Law 2008 published in the Government\nGazette on 16 September 2008 and all amendments thereto are hereby repealed on the day this local\nlaw comes into operation.\n1.4 Interpretation\nIn this local law unless the context otherwise requires—\nAct means the Local Government Act 1995;\nAct, to perform any of the functions of an authorised person under the Act and this local law;\nauthorised vehicle means a vehicle authorised by the local government, CEO, Authorised\nPerson or by any written law to park on a thoroughfare or parking facility;\nbicycle has the meaning given to it by the Code;\nbicycle lane has the meaning given to it by the Code;\nbus has the meaning given to it by the Code;\nbus embayment has the meaning given to it by the Code;\nbus stop has the meaning given to it by the Code;\nbus zone has the meaning given to it by the Code;\ncaravan has the meaning given to it in the Caravan Parks and Camping Grounds Act 1995;\ncarriageway has the meaning given to it by the Code;\ncentre has the meaning given to it by the Code;\nchildren’s crossing has the meaning given to it by the Code;\nCEO means the Chief Executive Officer of the local government\nclearway means a length of carriageway which carries a high traffic volume that has ‘clearway’\nor ‘no stopping’ signs erected appurtenant to it, to facilitate the unhindered flow of traffic;\nCode means the Road Traffic Code 2000;\ncoin means any coin which is legal tender pursuant to the Currency Act 1965 (Commonwealth);\ncommercial vehicle means—\n(a) a motor vehicle constructed for the conveyance of goods or merchandise, or for the\nconveyance of materials used in any trade, business, industry or work whatsoever,\nother than a motor vehicle for the conveyance of passengers; and\n(b) includes any motor vehicle that is designed primarily for the carriage of persons, but\nwhich has been fitted or adapted for the conveyance of the goods, merchandise or\nmaterials referred to, and is in fact used for that purpose.\ncontinuous dividing line means—\n(a) a single continuous dividing line only;\n(b) a single continuous dividing line to the left or right of a broken dividing line; or\n(c) parallel continuous dividing lines;\n\n","sortOrder":25},{"sectionNumber":"3836","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3836 GOVERNMENT GAZETTE, WA 29 October 2019\ncrossover means an area of the verge, constructed and used for the purpose of enabling a vehicle\nto access the adjacent property;\ndisability parking permit has the meaning given in the Local Government (Parking for People\nwith Disabilities) Regulations 2014;\ndriver has the meaning given to it in the Road Traffic (Administration) Act 2008;\neating area means an area in which tables, chairs and other structures are provided for the\npurpose of the supply of food and beverages to a member of the public or the consumption of\nfood and beverages by a member of the public;\nedge line has the meaning given to it by the Code;\nemergency vehicle has the meaning given to it by the Code;\nfire hydrant has the meaning given to it by the Code;\nfee means the prescribed amount of legal tender that the local government may impose and\ndetermine from time to time for the stopping or parking of a vehicle under and in accordance\nwith sections 6.16 to 6.19 of the Act;\nfootpath has the meaning given to it by the Code;\nGVM (which stands for ‘gross vehicle mass’) has the meaning given to it by the Road Traffic\n(Administration) Act 2008;\nheavy vehicle has the meaning given to it by the Code;\nintersection has the meaning given to it by the Code;\nkeep clear marking has the meaning given to it by the Code;\nkerb means any structure, mark, marking or device to delineate or indicate the edge of a\ncarriageway;\nlength of carriageway means the same side of the road between intersections on that side of\nthe road;\nloading zone has the meaning given to it by the Code;\nlong vehicle means a vehicle or any combination of vehicles that, together with any projection or\ncombination of vehicles is 7.5 metres or more in length;\nmail zone has the meaning given to it by the Code;\nmedian strip has the meaning given to it by the Code;\nmetered space means a section or part of a metered zone that is adjacent to a parking meter and\nthat is marked or defined by painted lines or by metallic studs or similar devices for the\npurpose of indicating where a vehicle may be parked on payment of a fee or charge;\nmetered zone means any thoroughfare or reserve, or part of any thoroughfare or reserve, in\nwhich parking meters regulate the parking of vehicles;\nmotorcycle has the meaning given to it by the Code;\nmotor vehicle has the meaning given to it by the Road Traffic (Administration) Act 2008;\nnature strip has the meaning given to it by the Code;\nno parking area has the meaning given to it by the Code;\nno parking sign means a sign with the words ‘no parking’ in red letters on a white background,\nor the letter ‘P’ within a red annulus and a red diagonal line across it on a white background;\nno stopping area has the meaning given to it by the Code;\nno stopping sign means a sign with the words ‘no stopping’ or ‘no standing’ in red letters on a\nwhite background or the letter ‘S’ within a red annulus and a red diagonal line across it on a\nwhite background;\nobstruct means to prevent, hinder, or impede the normal passage of any vehicle, wheelchair,\nperambulator or pedestrian and ‘obstruction’ has a corresponding meaning;\noccupier has the meaning given to it by the Act;\nowner means—\n(a) where used in relation to a vehicle licensed under the Road Traffic Act 1974, means the\nperson in whose name the vehicle has been registered under that Road Traffic\nAct 1974;\n(b) where used in relation to any other vehicle, means the person who owns, or is entitled\nto possession of that vehicle; and\n(c) where used in relation to land, has the meaning given to it by the Act;\npainted island has the meaning given to it by the Code;\npark has the meaning given to it by the Code;\nparking area has the meaning given to it by the Code;\nparking bay means a section or part of a carriageway or parking station which is marked or\ndefined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the\npurpose of indicating where a vehicle may be parked;\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3837\nparking control sign has the meaning given to it by the Code;\nparking facilities includes land, buildings, shelters, metered zones, metered spaces, parking\nstalls and other facilities open to the public generally for the parking of vehicles with or\nwithout charge and signs, notices and facilities used in connection with the parking of\nvehicles;\nparking fee payment equipment means a parking meter, parking ticket machine or other;\ncredit/debit card terminal or other device approved by the local government for payment of\nthe applicable parking fee;\nparking meter includes the stand on which the meter is erected and a ticket issuing machine;\nparking permit means a permit issued by the local government under this local law;\nparking ticket means a ticket which is issued from a ticket issuing machine and which\nauthorises the parking of a vehicle and includes the date and time of which the authorisation\nexpires, whether or not the payment of a fee is required;\nparking region means the area described in Schedule 1;\nparking scheme means the mapped record of the local government, which details the location of\nparking facilities, parking bay layout and any parking time restrictions, parking prohibitions\nand special uses like bus or taxi zones, that are applied to those parking facilities;\nparking stall means a section or part of a thoroughfare or of a parking station which is marked\nor defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the\npurpose of indicating where a vehicle may be parked, but does not include a metered space;\nparking station means any land, or structure provided for the purpose of parking of multiple\nvehicles;\npath has the meaning given to it by the Code;\npay station means a machine or device within or near a parking station, which accepts payment\nof the fee for the period a vehicle has been parked and issues a token, ticket or other media to\nactivate a barrier to allow the vehicle to exit from the parking station;\npedestrian has the meaning given to it by the Code;\npedestrian crossing has the meaning given to it by the Code;\npostal vehicle has the meaning given to it in the Code;\nPrivate Property Parking Enforcement Agreement means a written agreement between the\nlocal government and a property owner or occupier that allows for the enforcement of this\nlocal law, or part thereof, upon that property;\nproperty line means the boundary between the land comprising a road and the land that abuts\nthat road;\npublic place means any place to which the public has access whether or not that place is on\nprivate property;\nreserve means any land—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997; or\n(c) which is an ‘otherwise unvested facility’ within the meaning of section 3.53 of the Act;\nright of way means a portion of land that is—\n(a) shown and marked ‘Right of Way’ or ‘R.O.W’, or coloured or marked in any other way to\nsignify that the portion of land is a right of way, on any plan or diagram deposited with\nthe Registrar of Titles that is subject to the provisions of section 167A of the Transfer of\nLand Act 1893;\n(b) shown on a diagram or plan of survey relating to a subdivision that is created as a right\nof way and vested in the Crown under section 152 of the Planning and Development\nAct 2005; or\n(c) shown and marked as a right of way on a map or plan deposited with the Registrar of\nTitles and transferred to the Crown under the Transfer of Land Act 1893, but does not\ninclude—\n(i) a private driveway; or\n(ii) a right of way created by easement between two parties;\nroad means a highway, lane, thoroughfare or similar place which the public are allowed to use\nand includes all of the land including the nature strip and paths appurtenant thereto lying\nbetween the property lines abutting the road;\nRoad Traffic Act means the Road Traffic Act 1974;\nRoad Traffic (Administration) Act means the Road Traffic (Administration) Act 2008;\nSchedule means a Schedule to this local law;\nshared zone has the meaning given to it by the Code;\nsign includes a traffic sign, inscription, road marking, mark, structure or device appoved by the\nlocal government on which may be shown words, numbers, expressions or symbols, and which\nis placed on or near a thoroughfare or within a parking station or reserve for the purpose of\nprohibiting, regulating, guiding, directing or restricting the parking of vehicles;\n\n","sortOrder":26},{"sectionNumber":"3838","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3838 GOVERNMENT GAZETTE, WA 29 October 2019\nspecial purpose vehicle has the meaning given to it by the Code;\nstop has the meaning given to it by the Code;\nsymbol includes any symbol specified by the Code;\ntaxi has the meaning given to it by the Code;\ntaxi zone has the meaning given to it by the Code;\nthoroughfare has the meaning given to it by the Act;\nticket machine means a machine or device which issues, as a result of money or other permitted\nform of payment being inserted into the machine, a ticket showing the period during which it\nis lawful to remain parked in the area to which the machine relates;\nticket issuing machine means a parking meter which issues, as a result of money being\ninserted in the machine or such other form of payment as may be permitted to be made, a\nticket showing the period during which it shall be lawful to remain parked in a metered space\nto which the machine is referable;\nticket parking area means a parking area or facility where a sign applies which indicates a\nparking fee applies by purchase of a ticket;\ntour coach means a vehicle licensed as a Tour Coach and displaying “TC” registration plates,\nwhich is hired or chartered to carry passengers for the specific purpose of sight- seeing and/or\ntourism;\ntraffic includes the passage of both vehicles and pedestrians;\ntraffic-control signal has the meaning given to it by the Code;\ntraffic island has the meaning given to it by the Code;\ntraffic sign has the meaning given to it by the Code;\ntrailer has the meaning given to it by the Code;\ntruck has the meaning given to it by the Code;\nunattended means the driver has left the vehicle so that the driver is more than 3 metres from\nthe closest point of the vehicle;\nunexpired parking ticket means a parking ticket on which a date and a time is printed and the\nprinted time has not expired;\nvehicle has the meaning given to it by the Road Traffic (Administration) Act 2008;\nverge means the portion of a thoroughfare which lies between the boundary of a carriageway and\nthe adjacent property line but does not include a footpath.\n1.5 Application of particular definitions\n(1) For the purposes of the application of the definitions ‘no parking area’ and ‘parking area’ an arrow\ninscribed on a traffic sign erected at an angle to the boundary of the carriageway is deemed to be\npointing in the direction in which it would point, if the signs were turned at an angle of less than 90\ndegrees until parallel with the boundary.\n(2) A reference to a parking station or ticket parking area includes a reference to a part of the parking\nstation or ticket parking area.\n(3) Unless the context otherwise requires, where a term is used, but not defined, in this local law, and\nthat term is defined in the Road Traffic Act 1974, Road Traffic (Administration) Act 2008, Road\nTraffic Code 2000 or in the Local Government Act 1995, then the term shall have the meaning given\nto it in those Acts or the Code.\n1.6 Application and pre-existing signs\n(1) Subject to subclause (2), this local law applies to the parking region.\n(2) This local law does not apply to a parking facility or a parking station that is not occupied by the\nlocal government, unless the local government and the owner or occupier of that facility or station\nhave agreed in writing that this local law will apply to that facility or station.\n(3) The agreement referred to in subclause (2) may be made on such terms and conditions as the\nparties may agree.\n(4) Where a parking facility or a parking station is identified in Schedule 3, then the facility or station\nshall be deemed to be a parking station to which this local law applies and it shall not be necessary to\nprove that it is the subject of an agreement referred to in subclause (2).\n(5) A sign that—\n(a) was erected by the local government or the Commissioner of Main Roads prior to the coming\ninto operation of this local law; and\n(b) relates to the parking of vehicles within the parking region, shall be deemed for the purposes\nof this local law to have been erected by the local government under the authority of this local\nlaw.\n(6) An inscription or symbol on a sign referred to in subclause (5) operates and has effect according to\nits tenor, and where the inscription or symbol relates to the stopping of vehicles, it shall be deemed\nfor the purposes of this local law to operate and have effect as if it related to the parking of vehicles.\n(7) The provisions of Parts 2, 3, 4 and 5 do not apply to a bicycle parked at a bicycle rail or bicycle\nrack.\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3839\n1.7 Classes of vehicles\nFor the purpose of this local law, vehicles are divided into classes as follows—\n(a) buses;\n(b) commercial vehicles;\n(c) motorcycles and bicycles;\n(d) emergency vehicles;\n(e) special purpose vehicles;\n(f) taxis; and\n(g) all other vehicles.\n1.8 Part of thoroughfare to which sign applies\nWhere under this local law the parking of vehicles in a thoroughfare is controlled by a sign, the sign\nshall be read as applying to that part of the thoroughfare which—\n(a) lies beyond the sign;\n(b) lies between the sign and the next sign beyond that sign; and\n(c) is on that side of the thoroughfare nearest to the sign.\n1.9 Powers of Local Government\nThe local government may, by resolution, prohibit or regulate by signs or otherwise, the stopping or\nparking of any vehicle or any class of vehicles in any part of the parking region but must do so\nconsistently with the provisions of this local law.\nPART 2—PARKING BAYS, PARKING STATIONS AND PARKING AREAS\n2.1 Determination of parking bays, parking stations and parking areas\n(1) The local government may by Council resolution constitute, determine and vary—\n(a) parking bays;\n(b) parking stations;\n(c) parking areas;\n(d) general no parking or restricted parking zones;\n(e) permitted time and conditions of parking in parking bays, parking stations and parking areas\nwhich may vary with the locality;\n(f) permitted classes of vehicles which may park in parking bays, parking stations and parking\nareas;\n(g) permitted classes of persons who may park in specified parking bays, parking stations and\nparking areas; and\n(h) the manner of parking in parking bays, parking stations and parking areas.\n(2) Where the local government makes a determination under subclause (1) it must erect signs to give\neffect to the determination.\n(3) Where the local government makes a determination or a resolution under subclause (1)(d) it may\nerect signs at entry points to the general no parking zone indicating the dates and/or days and times\nduring which the area is a general no parking or restricted parking zone.\n2.2 Vehicles to be within a parking bay\n(1) Subject to subclauses (2) and (3) a person must not park a vehicle in a parking bay in a parking\narea or parking station otherwise than—\n(a) if the parking area is within a carriageway, parallel to and as close to the kerb as is\npracticable;\n(b) wholly within the parking bay; and\n(c) if the parking area is within a carriageway, headed in the direction of the movement of traffic\non the side of the carriageway in which the bay is situated.\n(2) If a vehicle is too long or too wide to fit completely within a single parking bay then the person\nparking the vehicle must do so within the minimum number of parking bays needed to park that\nvehicle.\n(3) A person must not park a vehicle partly within and partly outside a parking area.\n2.3 Parking where fees are payable\nA person must not park a vehicle, or permit a vehicle to remain parked, in a parking station or\nparking area where a permissive parking sign indicates that a fee is payable, unless—\n(a) the vehicle is parked in compliance with any instructions on or with the sign, or parking fee\npayment equipment; and\n(b) the appropriate fee is paid for each parking bay that the vehicle occupies.\n2.4 Parking restrictions in fee paying zones\nA person must not park a vehicle in a fee paying zone except in accordance with signs referable to the\nzone.\n\n","sortOrder":27},{"sectionNumber":"3840","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3840 GOVERNMENT GAZETTE, WA 29 October 2019\n2.5 Parking in a ticket parking zone or ticket parking area\nA person must not park a vehicle, except a motorcycle in a motorcycle bay, in a parking zone, parking\narea or parking station which is equipped with a parking ticket machine without—\n(a) purchasing or obtaining a ticket, from the ticket machine for that area, which remains valid\nfor the period the vehicle is parked; and\n(b) displaying the ticket inside the vehicle in a prominent position, in such a manner as to be\nclearly visible from the front of the vehicle at all times while that vehicle remains parked in\nthat ticket parking zone, ticket parking area or parking station.\n(c) If a parking ticket machine allows for number plate recognition, a person must purchase a\nticket for a motorcycle.\n2.6 Methods of payment\n(1) The local government may introduce and apply methods of payment for parking fees which may\ninclude but not be limited to payment by—\n(a) Australian currency including coins and or bank notes;\n(b) credit or debit card;\n(c) payment by telephone; or\n(d) any other approved method of payment.\n(2) The local government may introduce various paid parking processes which may include but not be\nlimited to the following—\n(a) ticket parking;\n(b) pay by vehicle registration number; or\n(c) pay by parking bay.\n2.7 Reserved fee paying zones\nUnless authorised by the local government a person must not leave or permit a vehicle to remain\nstopped or parked in a fee paying space or zone if the parking meter or ticket issuing machine is\nhooded with a cover bearing the words No Parking, Reserved Parking, Temporary Bus Stop, No\nStopping, Tow Away Zone or with an equivalent symbol, depicting one of these purposes or any other\nwords or symbols that indicate parking is not permitted within the space or zone including temporary\nsignage.\n2.8 Use of counterfeit or altered parking tickets\nA person must not—\n(a) park a vehicle in a parking facility which requires a parking ticket, if there is displayed in\nthat vehicle so as to be visible from outside the vehicle, a parking ticket which has been\ncounterfeited, altered, obliterated or interfered with; or\n(b) produce to an Authorised Person who accepts payment for parking, a parking ticket which\nhas been counterfeited, altered, obliterated or interfered with.\nPART 3—PARKING GENERALLY\n3.1 Restrictions on parking in particular areas\n(1) A person must not park a vehicle in a parking station or part of a parking station or parking\narea—\n(a) if by a sign it is set apart for the parking of vehicles of a different class;\n(b) if by a sign it is set apart for the parking of vehicles by persons displaying a valid parking\npermit; or\n(c) during any period when the parking of vehicles is prohibited by a sign, but does not include a\nclearway.\n(2) Unless a sign or road markings indicate otherwise a person must not park any portion of a vehicle\nin a parking station or parking area—\n(a) for more than the maximum time specified;\n(b) in a bay marked ‘M/C’ unless it is a motorcycle without a sidecar or a trailer;\n(c) so as to obstruct an entrance to or an exit from a parking station, or an access way within a\nparking station; or\n(d) park or attempt to park a vehicle in a parking bay in which another vehicle is parked.\n(3) Notwithstanding the provisions of subclause (2)(a), a person may park a vehicle in a permissive\nparking bay or station (except in a parking area for people with disabilities) for twice the length of\ntime allowed, provided that—\n(a) the person’s vehicle displays a current disability parking permit sticker; and\n(b) a disabled person to whom that disability parking permit sticker relates, is either the driver\nor a passenger in the vehicle.\n(4) A person must not park a vehicle or permit a vehicle to remain parked in a parking facility\ncontrolled by a sign stating ‘Authorised Vehicles Only’, without—\n(a) a valid permit displayed inside the vehicle that must be displayed in a prominent position, in\nsuch a manner as to be clearly visible from the front of the vehicle; or\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3841\n(b) prior written permission of the local government or an Authorised Person to park within the\narea has been obtained and the written permission is displayed in a prominent position, in\nsuch a manner as to be clearly visible from the front of the vehicle to indicate it has\nauthorisation to park.\n3.2 Parking and stopping on a carriageway\n(1) Subclauses (4)(b), (d), (h) and (i) do not apply to a bus which stops in a bus embayment.\n(2) A person parking a vehicle on a carriageway other than in a parking bay must park it—\n(a) in the case of a two-way carriageway, so that it is as near as practicable to and parallel with,\nthe left boundary of the carriageway and headed in the direction of the movement of traffic on\nthe side of the carriageway on which the vehicle is parked;\n(b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with\neither boundary of the carriageway and headed in the direction of the movement of traffic;\n(c) so that at least 3 metres of the width of the carriageway lies between the vehicle and the\nfarther boundary of the carriageway, or median strip, or between the vehicle and a vehicle\nparked on the farther side of the carriageway;\n(d) so that the front and the rear of the vehicle respectively is not less than 1 metre from any\nother vehicle, except a motorcycle without a trailer, or a bicycle parked in accordance with\nthis local law;\n(e) so that it does not obstruct any vehicle on the carriageway, or\n(f) so that the vehicle is not faced against the normal flow of traffic on that side of the\ncarriageway;\nunless otherwise indicated on a parking control sign or markings on the carriageway.\n(3) A person must not stop a vehicle on a carriageway or any part of a carriageway—\n(a) if the parking of a vehicle is prohibited at all times by a sign; or\n(b) during a period in which the parking of vehicles on that part is prohibited by a sign.\n(4) A person must not stop a vehicle on a carriageway so that any portion of the vehicle—\n(a) is on or adjacent to a median strip;\n(b) obstructs a private drive or carriageway or so close as to deny a vehicle reasonable access to\nor egress from the right of way, private drive or carriageway;\n(c) is alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the\ncarriageway if the vehicle would obstruct traffic;\n(d) is on or within 10 metres of any portion of a carriageway bounded by a traffic island;\n(e) is on any pedestrian crossing;\n(f) is within 10 metres of the departure side or within 20 metres of the approach side of a\nchildren’s crossing or pedestrian crossing;\n(g) is within 20 metres of either the approach side or the departure side of the nearest rail of a\nrailway level crossing;\n(h) is between the boundaries of a carriageway and any double longitudinal line consisting of two\ncontinuous dividing lines or a continuous dividing line and a broken or dotted line, unless\nthere is a distance of at least 3 metres clear between the vehicle and the nearer continuous\ndividing line; or\n(i) is contrary to a clearway sign referable to that part,\nunless the person stops the vehicle at a place on a length of carriageway, or in an area, to which a\nparking control sign applies and the person is permitted to stop at that place under this local law.\n(5) A person must not stop a vehicle on a carriageway—\n(a) if the parking of a vehicle is prohibited at all times by a sign; or\n(b) during a period in which the parking of vehicles on that part is prohibited by a sign;\n(c) or in an area to which a ‘no stopping’ sign applies;\n(d) marked with a continuous yellow edge line;\n(e) if by a sign it is set apart for the parking of vehicles of a different class; or\n(f) if by a sign it is set apart for the parking of vehicles by persons of a different class,\nunless the person stops the vehicle at a place on a length of carriageway, or in an area, to which a\nparking control sign applies and the person is permitted to stop at that place under this local law.\n(6) A person must not park a vehicle on a length of carriageway or in an area to which a ‘no parking’\nsign applies, unless the driver—\n(a) is dropping off, or picking up, passengers or goods;\n(b) does not leave the vehicle unattended; and\n(c) completes the dropping off, or picking up, of the passengers or goods within 2 minutes of\nstopping and drives on.\n3.3 When parallel and right-angled parking apply\n(1) Where a traffic sign associated with a parking area is not inscribed with the words ‘angle parking’\n(or with an equivalent symbol depicting this purpose), then unless a sign associated with the parking\n\n","sortOrder":28},{"sectionNumber":"3842","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3842 GOVERNMENT GAZETTE, WA 29 October 2019\narea indicates, or marks on the carriageway indicate, that vehicles have to park in a different\nposition, where the parking area is—\n(a) adjacent to the boundary of a carriageway, a person parking a vehicle in the parking area\nmust park it as near as practicable to and parallel with that boundary; or\n(b) at or near the centre of the carriageway, a person parking a vehicle in that parking area must\npark it at approximately right angles to the center of the carriageway.\n(2) Clause 3.3(1)(a) does not apply to the rider of a motorcycle if the rider positions the motorcycle so\nat least one wheel is as near as practicable to the far left or far right side of the carriageway.\n3.4 When angle parking applies\n(1) This clause does not apply to—\n(a) a passenger vehicle or a commercial vehicle with a mass including any load, of over three\ntonnes; or\n(b) a person parking a motorcycle without a trailer.\n(2) Where a sign associated with a parking area is inscribed with the words ‘angle parking’ (or with\nan equivalent symbol depicting this purpose), a person parking a vehicle in the area must park the\nvehicle at an angle of approximately 45 degrees to the centre of the carriageway unless otherwise\nindicated by the inscription on the parking sign or marks on the carriageway that indicate the\nrequired angle of parking.\n(3) Where a sign associated with an angle parking area is inscribed with the words ‘reverse in’ a\nperson parking a vehicle in the area must reverse the vehicle into the parking bay so that the vehicle\nis driven forward when it is leaving the parking bay.\n3.5 Parking of heavy and long vehicles\n(1) A person must not park a heavy or long vehicle—\n(a) on a carriageway for any period exceeding one hour, unless actively engaged in the loading or\nunloading of goods; or\n(b) on a carriageway except on the shoulder of the carriageway, or in a truck bay or other area\nset aside for the parking of heavy or long vehicles.\n(2) Nothing in this clause mitigates the limitations or condition imposed by any other clause in this\nlocal law, any other written law or traffic sign relating to the parking or stopping of vehicles.\n3.6 Authorised Person may order vehicle on thoroughfare to be moved\nA person must not park a vehicle on any part of a thoroughfare in contravention of this local law after\nan Authorised Person has directed that person to move the vehicle.\n3.7 Authorised Person\n(1) An Authorised Person may—\n(a) mark the tyres of a vehicle parked in a parking facility with chalk or any other non-indelible\nsubstance for a purpose connected with or arising out of his or her duties or powers;\n(b) take a valve stem reading of the vehicle;\n(c) record vehicle registration numbers; and\n(d) place a notice or parking fact sheet upon a vehicle.\n(2) A person must not remove a mark made by an Authorised Person so that the purpose of the\naffixing of such a mark is defeated or likely to be defeated.\n(3) An Authorised Person may in the course of performing his/her duties, park contrary to the\nprovisions of a parking control sign for the minimum amount of time required to complete those\nduties.\n3.8 No movement of vehicles to avoid time limitation\n(1) Where the parking of vehicles in a parking facility is permitted for a limited time, a person must\nnot move a vehicle within the parking facility so that the total time of parking exceeds the maximum\ntime allowed for parking in the parking facility, unless the vehicle has first been removed from the\nparking facility for at least one hour.\n(2) Where the parking of vehicles in a thoroughfare is permitted for a limited time, a person must not\nmove a vehicle along a section of thoroughfare so that the total time of parking exceeds the maximum\ntime permitted, unless the vehicle has first been removed from that section of thoroughfare for at\nleast one hour.\n(3) For the purposes of this local law a section of thoroughfare ends and another begins whenever an\nintersecting carriageway occurs.\n3.9 No parking of vehicles exposed for sale and in other circumstances\nA person must not park a vehicle on any portion of a thoroughfare—\n(a) for the purpose of exposing it for sale or hire;\n(b) if that vehicle is not licensed under the Road Traffic Act 1974;\n(c) if that vehicle is a trailer or a caravan unattached to a motor vehicle;\n(d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable\nthe vehicle to be moved to a place other than a thoroughfare.\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3843\n3.10 Parking on private land\n(1) In this clause, a reference to ‘land’ does not include land—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997; or\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act.\n(2) A person must not park a vehicle on private land without the consent of the owner or occupier of\nthe land on which the vehicle is parked.\n(3) Where the owner or occupier of private land, by a sign referable to that land or otherwise, consents\nto the parking of vehicles of a specified class or classes on the land for a limited period, a person must\nnot park a vehicle on the land otherwise than in accordance with the consent.\n(4) The owner or occupier of private land must not permit a private property parking enforcement\nagreement sign to remain erected and visible to the public if the owner or occupier no longer has a\ncurrent private property parking enforcement agreement with the local government.\n3.11 Parking on reserves\nNo person other than an employee of the local government in the course of his or her duties or a\nperson authorised by the local government may drive or park a vehicle upon or over any portion of a\nreserve other than upon an area specifically set aside for that purpose.\n3.12 Right of ways\nA person must not stop or park a vehicle at any time in a right of way so as to cause an obstruction or\nso as to prevent a vehicle reasonable access to or egress from the right of way.\n3.13 Suspension of parking limitations for urgent, essential or official duties\n(1) Where by a sign the parking of vehicles is permitted for a limited time on a portion of a\nthoroughfare or parking facility, the local government or an Authorised Person, may, subject to the\nCode, permit a person to park a vehicle in that portion of the thoroughfare or parking facility for\nlonger than the permitted time in order that the person may carry out urgent, essential or official\nduties.\n(2) Where permission is granted under subclause (1), the local government or an Authorised Person\nmay prohibit the use by any other vehicle of that portion of the thoroughfare or parking facility to\nwhich the permission relates, for the duration of that permission.\n(3) An Authorised Person may, in the course of performing his or her duties, park a vehicle contrary\nto a sign or other restriction in this local law for the minimum amount of time required to complete\nthose duties.\nPART 4—PARKING AND STOPPING IN ZONES FOR PARTICULAR VEHICLES\n4.1 Stopping at intersections\n(1) A person must not stop any portion of a vehicle on a thoroughfare within 20 metres from the\nnearest point of an intersecting carriageway at an intersection with traffic-control signals, unless the\nperson stops at a place on a length of thoroughfare, or in an area, to which a parking control sign\napplies and the person is permitted to stop at the place under this local law.\n(2) A person must not stop any portion of a vehicle on a thoroughfare so that any portion of the vehicle\nis within 10 metres of the prolongation of the nearer edge of any intersecting carriageway (without\ntraffic-control signals) intersecting that carriageway on the side on which the vehicle is stopped,\nunless the person stops—\n(a) at a place on the thoroughfare, or in an area, to which a parking control sign applies and the\nperson is permitted to stop at that place under this local law; or\n(b) if the intersection is a T-intersection—along the continuous side of the continuing\ncarriageway at the intersection.\n4.2 Stopping in a loading zone\nA person must not stop a vehicle in a loading zone—\n(a) unless it is a commercial vehicle continuously engaged in the picking up or setting down of\ngoods;\n(b) (if no time is indicated on the sign) for longer than a time indicated on the loading zone sign;\nor\n(c) for longer than 30 minutes.\n4.3 Stopping in a taxi zone or a bus zone\n(1) A person must not stop a vehicle in a taxi zone, unless that person is driving a taxi.\n(2) A person must not stop a vehicle in a bus zone unless that vehicle is a bus that is permitted to stop\nat the bus zone by information on or with the ‘bus zone’ sign applying to the bus zone.\n4.4 Stopping in a mail zone\nA person must not stop a vehicle in a mail zone unless authorised under a written law.\n\n","sortOrder":29},{"sectionNumber":"3844","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3844 GOVERNMENT GAZETTE, WA 29 October 2019\n4.5 Construction site vehicle parking\n(1) In this clause unless the context otherwise requires—\nbuilder has the meaning given to it in the Building Act 2011;\nconstruction site means any land subject to development;\nconstruction site vehicle means a commercial vehicle, truck heavy or long vehicle;\ndaily fee means the applicable daily fee as determined in accordance with section 6.16 of the Act;\ndevelopment means the demolition, erection, construction, alteration of or addition to any\nbuilding or structure on land or the carrying out on land of any excavation or other works;\neligible person means an owner or occupier of a construction site or any builder carrying out\nwork on a construction site;\nestablishment fee means the applicable establishment fee as determined in accordance with\nsection 6.16 of the Act;\nwork zone means any carriageway or part of a carriageway, whether or not marked as a metered\nspace, parking bay or ticket machine zone, which is set aside by the local government by a\nsign, for a period specified on the sign, for the stopping or parking of construction site\nvehicles.\n(2) An eligible person seeking to establish a work zone adjacent to a construction site may apply in\nwriting to the local government, which may approve or refuse the application.\n(3) Where the local government approves an application, it is to give the applicant written notice\nspecifying—\n(a) the number and location of work zones the applicant may use;\n(b) the times during which the stopping or parking of construction site vehicles is permitted in\nthe work zone;\n(c) the period for which the approval is valid;\n(d) any conditions to which the approval of the local government is subject; and\n(e) the amount of the establishment fee and daily fee applicable.\n(4) The local government is to set aside a work zone in accordance with the notice referred to in\nsubclause (3) within 14 days from the date of payment of the establishment fee.\n(5) An eligible person must, in addition to the establishment fee, pay to the local government a daily\nfee for each day that a work zone is set aside.\n(6) The daily fee is payable monthly in advance.\n(7) Where the local government has approved an application to establish a work zone adjacent to a\nconstruction site, the local government may cancel its approval by written notice to the applicant in\nthe event that, the applicant or any person authorised by the applicant to use the work zone stops or\nparks a vehicle other than in accordance with—\n(a) any condition stipulated in the notice issued to the applicant pursuant to subclause (3);\n(b) any sign applicable to the work zone;\n(c) the applicant fails to pay the daily fee as required pursuant to subclause (5); or\n(d) if the local government or a person authorised by the local government requires access to or\nnear the place where the work zone is situated, for the purposes of carrying out works in or\nnear the vicinity of that place.\n(8) A person must not stop or park a vehicle in a work zone unless the person is driving a vehicle that\nis—\n(a) engaged in construction work in or near the zone; or\n(b) permitted to stop in the works zone in accordance with this local law.\n4.6 Other limitations in zones\nA person must not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would\nbe contrary to any limitation in respect to classes of persons or vehicles, or specific activities allowed,\nas indicated by additional words on a traffic sign that applies to the zone.\nPART 5—OTHER PLACES WHERE STOPPING IS RESTRICTED\n5.1 Stopping in a shared zone\nA person must not stop a vehicle in a shared zone unless—\n(a) the person stops a vehicle at a place on a length of carriageway, or in an area, to which a\nparking control sign applies and the person is permitted to stop at that place under this local\nlaw;\n(b) the person stops a vehicle in a parking bay and the person is permitted to stop in the parking\nbay under this local law; or\n(c) the person is engaged in door-to-door delivery or collection of goods, or in the collection of\nwaste or garbage.\n5.2 Double parking\n(1) A person must not stop a vehicle so that any portion of the vehicle is between any other stopped\nvehicle and the centre of the carriageway.\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3845\n(2) This clause does not apply to—\n(a) a vehicle stopped in traffic; or\n(b) a vehicle angle parking on the side of the carriageway or in a median strip parking area, in\naccordance with this local law.\n5.3 Stopping near an obstruction\nA person must not stop a vehicle on a carriageway near an obstruction on the carriageway in a\nposition that further obstructs traffic on the carriageway.\n5.4 Stopping in a bus lane, transit lane or truck lane\nA driver must not stop in—\n(a) a bus lane;\n(b) a transit lane;\n(c) a truck lane; or\n(d) a bicycle lane,\nunless the driver is driving a public bus or taxi, and is dropping off, or picking up, passengers.\n5.5 Stopping on a bridge, causeway, ramp or in a tunnel\n(1) A person must not stop a vehicle on a bridge, causeway, ramp or similar structure unless—\n(a) the carriageway is at least as wide on the structure as it is on each of the approaches and a\nsign does not prohibit stopping or parking; or\n(b) the person stops a vehicle at a place on a length of carriageway, or in an area to which a\nparking control sign applies and the person is permitted to stop at that place under this local\nlaw.\n(2) A person must not stop a vehicle in a tunnel or underpass unless—\n(c) the carriageway is at least as wide in the tunnel or underpass as it is on each of the\napproaches and a sign does not prohibit stopping or parking; or\n(d) the vehicle is a bus stopped at a bus stop, or in a bus zone or parking area marked on the\ncarriageway, for the purpose of setting down or taking up passengers.\n5.6 Stopping on crests and curves\n(1) Subject to subclause (2), a person must not stop a vehicle on, or partly on, a carriageway within\nthe parking region, in any position where it is not visible to the driver of an overtaking vehicle, from a\ndistance of 50 metres.\n(2) A person may stop a vehicle on a crest or curve on a carriageway within the parking region if the\nvehicle stops at a place on the carriageway, or in an area, to which a parking control sign applies and\nthe vehicle is permitted to stop at that place under this local law.\n5.7 Stopping near a fire hydrant\nA person must not stop a vehicle so that any portion of the vehicle is within 1 metre of a fire hydrant\nor fire plug or of any sign or mark indicating the existence of a fire hydrant or fire plug, unless—\n(a) the person is driving a public bus, and stops in a bus zone or at a bus stop and does not leave\nthe bus unattended; or\n(b) the person is driving a taxi and stops in a taxi zone and does not leave the taxi unattended.\n5.8 Stopping near a bus stop\n(1) A person must not stop a vehicle so that any portion of the vehicle is within 20 metres of the\napproach side of a bus stop or within 10 metres of the departure side of a bus stop, unless—\n(a) the vehicle is a public bus stopped to take up or set down passengers; or\n(b) the person stops at a place on a length of carriageway, or in an area, to which a parking\ncontrol sign applies and the person is permitted to stop at that place under this local law.\n(2) In this clause a trailer attached to a public bus is deemed to be a part of the public bus.\n5.9 Stopping on a traffic island\nA person must not stop a vehicle (other than a bicycle) so that any portion of the vehicle is on a traffic\nisland, unless the vehicle stops in an area to which a parking control sign applies and the vehicle is\npermitted to stop at that place under this local law.\n5.10 Stopping on a verge\n(1) A person must not stop—\n(a) a vehicle (other than a bicycle);\n(b) a commercial vehicle, a bus, a trailer, a boat, a caravan, a truck or any other vehicle with a\nGVM in excess of 2.5 tonnes or 7.5 metres in length; or\n(c) a vehicle during any period when stopping of vehicles on that verge is prohibited by a sign\nadjacent and referable to that verge,\nso that any portion of it is on a verge.\n(2) Subclause (1)(a) does not apply to the driver if he or she is the owner or occupier of a premises that\nabuts the verge or is a person authorised by the owner or occupier of those premises to park the\nvehicle so that any portion of it is on the verge.\n\n","sortOrder":30},{"sectionNumber":"3846","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3846 GOVERNMENT GAZETTE, WA 29 October 2019\n(3) Subclause (1)(b) does not apply to a commercial vehicle when it is being loaded or unloaded with\nreasonable expedition with goods or materials collected from or delivered to the premises that abuts\nthe verge on which the commercial vehicle is parked, (but in any event not for any period exceeding 3\nconsecutive hours between the hours of 7am and 6pm Western Australian Standard Time and not at\nany other time), provided no obstruction is caused to the passage of any other vehicle or person using\na carriageway or path.\n(4) Notwithstanding subclause (2) and (3), clause 4.1 applies.\n5.11 Obstructing access to a footpath, path or crossover\n(1) A person must not stop a vehicle so that any portion of the vehicle is on or across a footpath, path\nor in a position that it obstructs access or egress by pedestrians using that footpath or path or other\nvehicles to that path, unless—\n(a) the driver is dropping off or picking up passengers and must not remain for longer than 2\nminutes; or\n(b) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under\nthis local law.\n(2) A person must not stop a vehicle on or across a crossover or other way of access for vehicles\ntravelling to or from adjacent land, unless—\n(a) the vehicle is dropping off, or picking up, passengers and must not remain for longer than\n2 minutes;\n(b) the vehicle stops in a parking bay and the vehicle is permitted to stop in the parking bay\nunder this local law; or\n(c) the driver is the owner or occupier of the premises that abuts the crossover or is a person\npermitted by the owner or occupier of the premises.\n(3) A person must not park a vehicle on a crossover if any portion of the vehicle obstructs a footpath or\nprolongation thereof.\n5.12 Stopping near a public letter box\nA person must not stop a vehicle other than a postal vehicle, so that any portion of the vehicle is\nwithin 3 metres of a public letter box, unless the vehicle stops at a place on a length of carriageway, or\nin an area, to which a parking control sign applies and the vehicle is permitted to stop at that place\nunder this local law.\n5.13 Stopping on a carriageway with a bicycle parking sign\nA person must not stop a vehicle (other than a bicycle) on a length of carriageway to which a ‘bicycle\nparking’ sign applies, unless the vehicle is dropping off or picking up passengers.\n5.14 Stopping on a carriageway with motorcycle parking sign\nA person must not stop a vehicle on a length of carriageway, or in a parking bay to which a\n‘motorcycle parking’ sign applies, or an area marked ‘M/C’, unless the vehicle is a motor cycle.\n5.15 Stopping on a median strip\nA person must not stop a vehicle (other than a bicycle) so that any portion of the vehicle is on a\nmedian strip, unless the vehicle stops in an area to which a parking control sign applies and the\nvehicle is permitted to stop at that place under this local law.\n5.16 Eating Areas in parking bays\nA person must not stop a vehicle in a parking bay which has been authorised in writing by the local\ngovernment, to be set up or conducted as an eating area and which is designated by signs as such at\nthat time.\nPART 6—PARKING PERMITS\n6.1 Interpretation\nIn this part of this Local Law, unless the context requires otherwise—\nCommercial Parking Permit means a permit issued by the local government pursuant to\nclause 6.2(3).\ndwelling unit means premises lawfully used for self-contained living quarters.\neligible person means the owner of a vehicle registered under the Road Traffic Act at the\naddress shown on the application for the parking permit, where used—\n(a) in relation to an application for a residential parking permit means a single house\noccupier, a unit occupier, a unit owner;\n(b) in relation to an application for a visitor’s parking permit means—\n(i) a single house occupier;\n(ii) a strata company; or\n(iii) a unit owner of a residential unit which is not a strata lot;\n(c) in relation to an application for a commercial parking permit means the proprietor of a\ncommercial business.\nResidential Parking Permit means a permit issued by the local government pursuant\nto Clause 6.2(1).\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3847\nResidential Unit means a dwelling unit which is part of a building adjacent to a part of a road\non which road the stopping or parking of vehicles is prohibited for more than a specified\nperiod and which building contains—\n(a) 2 or more dwelling units with or without any non-residential units; or\n(b) 1 dwelling unit with one or more non-residential units.\nsingle house means a dwelling unit constructed on its own lot and used for self-contained living\nquarters and which is adjacent to a part of a road on which the stopping or parking of vehicles\nin prohibited for more than a specified period.\nsingle house occupier means an occupier of a single house.\nstrata company means a body corporate constituted under section 32 of the Strata Titles\nAct 1985.\nunit occupier means an occupier of a residential unit but does not include a unit owner.\nunit owner means a person who is the owner of a residential unit.\nVisitors Parking Permit means a permit issued by the local government pursuant to\nClause 6.2(2).\n6.2 Issue of a parking permit\n(1) The local government may upon a written application of an eligible person issue a residential\nparking permit in the prescribed form approved by the local government and for the prescribed fee.\n(2) The local government may upon a written application of an eligible person issue a visitor’s parking\npermit in the prescribed form approved by the local government and for the prescribed fee.\n(3) The local government may upon a written application of an eligible person issue a commercial\nparking permit in the prescribed form approved by the local government and for the prescribed fee.\n(4) The local government’s power to issue, replace and revoke permits under this Part may be\nexercised by an Authorised Person.\n6.3 Validity of a parking permit\nEvery parking permit as the case may be, must cease to be valid upon—\n(a) on 31 December of the year of expiry of a period of either 1 or 3 years (depending upon the\npermit issued) from and including the date on which it is issued;\n(b) the holder of the permit ceasing to be an eligible person;\n(c) the revocation of the permit by the local government pursuant to clause 6.4; or\n(d) the replacement of any permit by a new permit issued by the local government pursuant to\nclause 6.2.\n6.4 Revoking a parking permit\n(1) The local government may revoke a parking permit if the permit holder breaches any of the\nconditions for its use or the prerequisites for the issue of the permit no longer apply.\n(2) The local government may at any time give an eligible person to whom a permit was issued\npursuant to the provisions of this local law a notice of intention in the prescribed form approved by\nthe local government requiring that person to notify the local government of any reason why that\npermit should not be revoked.\n(3) The local government must give notice referred to in subclause (2) by serving a notice of intention\non the eligible person to whom the permit was issued.\n(4) If within 7 days after the date of receipt of the notice of intention referred to in subclause (2) the\neligible person to whom the permit was issued—\n(a) fails to give the local government notice in writing of any reason why the permit should not\nbe revoked;\n(b) gives the local government notice in writing of any reasons why the permit should not be\nrevoked,\nthen the local government may in its absolute discretion revoke that permit.\n(5) For the purpose of subclause (2) the date of receipt of the notice must be the date the notice was\nserved.\n(6) The local government must give notice in the prescribed form of the revocation by serving a notice\nof revocation on the eligible person to whom the permit was issued.\n6.5 Where a parking permit applies\n(1) Where the parking of a vehicle on any part of a carriageway within the parking region is\nprohibited for more than a specified time, or in a ticket parking zone without an unexpired parking\nticket being displayed within the vehicle, or in a parking fee zone requiring the fee to be paid, the\nholder of a permit issued under this clause is exempt from such prohibition, provided that such\nexemption must only apply—\n(a) to the part of the carriageway specified in the permit;\n(b) if the permit is displayed inside the vehicle in a prominent position, in such a manner as to be\nclearly visible from the front of the vehicle;\n(c) if the permit was validly issued and has not expired; and\n(d) if the permit holder occupies the premises in respect of which the permit is issued.\n\n","sortOrder":31},{"sectionNumber":"3848","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3848 GOVERNMENT GAZETTE, WA 29 October 2019\n(2) A person must not stop or park a vehicle in an area set aside for persons or vehicles of a particular\nclass during any permitted period unless a permit is displayed inside the vehicle in a prominent\nposition, in such a manner as to be clearly visible from the front of the vehicle and able to be read by\nan Authorised Person at all times while the vehicle remains stopped or parked in the zone.\n6.6 Return of a parking permit to the local government\nA parking permit holder who ceases to occupy the premises or own a vehicle for which a parking\npermit was issued, must remove any permit displayed in or affixed to the windscreen of any vehicle\nand return the permit(s) to the local government.\n6.7 Counterfeit or altered parking permit\nA person must not use or display in a vehicle, a parking permit that has in any way been\ncounterfeited, altered, obliterated or interfered with.\n6.8 Replacement of a parking permit\nThe local government may issue a replacement residential, visitors or commercial parking permit\nwhen a written application is made and the appropriate fee is paid.\n6.9 Discretionary Authority\nNotwithstanding any other provisions in this local law or a policy adopted by the local government\nwhich restricts the number of parking permits that may be issued, the local government may approve\nthe issue of additional parking permits to any eligible person on such terms and conditions as the\nlocal government sees fit.\n6.10 Fees payable\nFees payable for the issue of a permit must be determined in accordance with section 6.16 to 6.19 of\nthe Act.\nPART 7—MISCELLANEOUS\n7.1 Impersonating an Authorised Person\nA person who is not an Authorised Person of the local government must not impersonate or assume\nthe duties of an Authorised Person.\n7.2 Removal of notices from a vehicle\nA person, other than the owner or driver of the vehicle or a person acting under the direction of the\nowner or driver of the vehicle, must not remove from the vehicle any notice put on the vehicle by an\nAuthorised Person.\n7.3 Unauthorised signs and defacing signs\nA person must not without the authority of the local government—\n(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or\nexhibited by the local government under this local law;\n(b) remove, deface or misuse a sign or property, set up or exhibited by the local government\nunder this local law or attempt to do any such act; or\n(c) affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign\nset up or exhibited by the local government under this local law.\n7.4 Contravention of signs\nAn inscription or symbol on a sign operates and has effect according to its tenor and a person\ncontravening the direction on a sign commits an offence under this local law.\n7.5 General provisions about signs\nA sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the absence of\nevidence to the contrary presumed to be a sign marked, erected, set up, established or displayed\nunder the authority of this local law.\n7.6 Damage to parking areas and associated infrastructure\n(1) A person must not, nor attempt to, remove, damage, deface, misuse or interfere with any part of a\nparking station, parking facility, parking area or any infrastructure appurtenant to those areas.\n(2) A person must not operate or attempt to operate a ticket issuing machine or pay station except in\naccordance with the operating instructions appearing on those devices.\n7.7 Special purpose and emergency vehicles\nNotwithstanding anything to the contrary in this local law, the driver of—\n(a) a special purpose vehicle may, only in the course of performing his or her duties and when it\nis expedient and safe to do so, stop or park the vehicle in any place, at any time; and\n(b) an emergency vehicle may, in the course of performing his or her duties and when it is\nexpedient and safe to do so or where he or she honestly and reasonably believes that it is\nexpedient and safe to do so, stop or park the vehicle at any place, at any time.\n7.8 Vehicles not to obstruct a public place\n(1) A person must not park or leave 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 without the permission of the local government or\nunless authorised under any written law.\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3849\n(2) A vehicle which is parked in any portion of a public place where vehicles may be lawfully parked,\nis deemed to cause an obstruction and may be impounded where—\n(a) the vehicle is parked for any period exceeding 24 hours;\n(b) the vehicle is so parked during any period in which the parking of vehicles is prohibited or\nrestricted by a sign; or\n(c) the vehicle is abandoned, unregistered or disused.\n(3) The powers of the local government to remove and impound vehicles are set out in Part 3\nDivision 3 Subdivision 4 of the Act.\nPART 8—ENFORCEMENT\n8.1 Offences and penalties\n(1) Any person who fails to do anything required or directed to be done under this local law, or who\ndoes anything, which under this local law that person is prohibited from doing, commits an offence.\n(2) An offence against any provision of this local law is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(3) Any person who commits an offence under this local law is to be liable, upon conviction, to a\npenalty not less than $1000 and not exceeding $5,000 and if the offence is of a continuing nature, to\nan additional penalty not exceeding $500 for each day or part of a day during which the offence has\ncontinued.\n(4) The amount appearing in the final column of Schedule 2 directly opposite a clause specified in that\nSchedule is the modified penalty for an offence against that clause.\n8.2 Form of notices\n(a) the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of\nthe Local Government (Functions and General) Regulations 1996;\n(b) the form of the infringement notice referred to in section 9.17 of the Act is that of Form 2 in\nSchedule 1 of the Local Government (Functions and General) Regulations 1996; and\n(c) the form of the infringement withdrawal notice referred to in section 9.20 of the Act is that of\nForm 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996.\n\n","sortOrder":32},{"sectionNumber":"3850","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3850 GOVERNMENT GAZETTE, WA 29 October 2019\nSCHEDULE 1—PARKING REGION\n[Clause 1.7(1)]\nThe parking region is the whole of the district, but excludes the following portions of the district—\n(1) the approach and departure prohibition areas of all existing and future traffic control signal\ninstallations as determined by the Commissioner of Main Roads;\n(2) prohibition areas applicable to all existing and future bridges and subways as determined by\nthe Commissioner of Main Roads; and\n(3) any road which comes under the control of the Commissioner of Main Roads unless the\ncontrol of parking and parking facilities on that road is carried out subject to the control and\ndirection of the Commissioner of Main Roads or has been delegated by the Commissioner to\nthe local government.\nSCHEDULE 2—PRESCRIBED OFFENCES\n[Clause 8.1(4)]\nItem\nNo.\nNo.\n$\n1. 2.2(1)(b) Failure to park wholly within a parking bay 80\n2. 2.2(1)(c) Parking against the flow of traffic 80\n3. 2.2(3) Failure to park wholly within a parking area 80\n4. 2.3(a) Parking in fee paying area contrary to instructions 80\n5. 2.3(b) Failure to pay the required fees 80\n6. 2.4 Parking contrary to signage where fees are payable 80\n7. 2.5(a) Parking with an expired parking ticket 80\n8. 2.5(b) Failing to clearly display parking ticket 80\n9. 2.7 Stopping a vehicle when stopping is not permitted within a fee\npaying zone\n10. 2.8 Use counterfeit or altered parking ticket 250\n11. 3.1(1)(a) Parking wrong class of vehicle 80\n12. 3.1(1)(b) Parking by persons of a different class 80\n13. 3.1(1)(c) Parking during prohibited period, excluding clearways 80\n14. 3.1(2)(a) Parking in excess of maximum time 80\n15. 3.1(2)(b) Parking vehicle in a motorcycle only area 80\n16. 3.1(2)(c) Causing obstruction in a parking station 80\n17. 3.1(2)(d) Parking or attempting to park a vehicle in a parking bay\noccupied by another vehicle\n18. 3.1(4) Parking without permission in an area designated for\n‘Authorised Vehicles Only’\n19. 3.2(2)(a) Failure to park as near as practicable to the left side of the\ncarriageway\n20. 3.2(2)(b) Failure to park as near as practicable to the side of the\ncarriageway along a one way carriageway\n21. 3.2(2)(c) Parking within 3 metres of the farther carriageway boundary,\nmedian strip or a vehicle parked on the farther carriageway\nboundary\n22. 3.2(2)(d) Parking closer than 1 metre from another vehicle 80\n23. 3.2(2)(e) Causing obstruction to another vehicle on a carriageway 100\n24. 3.2(2)(f) Parking a vehicle against the normal flow of traffic whilst on a\ncarriageway\n25. 3.2(3)(a) Parking on a carriageway when prohibited at all times by a sign 80\n26. 3.2(3)(b) Parking on a carriageway when prohibited during a period by a\nsign\n27. 3.2(4)(a) Parking on or adjacent to a median strip 80\n28. 3.2(4)(b) Obstructs a private drive or carriageway or denies reasonable\naccess to a private drive or right of way or carriageway\n29. 3.2(4)(c) Stopping beside excavation or obstruction so as to obstruct\ntraffic\n30. 3.2(4)(d) Stopping within 10 metres of traffic island 80\n31. 3.2(4)(e) Stopping on pedestrian crossing 100\n32. 3.2(4)(f) Stopping a vehicle within 10 metres of departure side or\n20 metres approach side of a children’s or pedestrian crossing\n\n29 October 2019 GOVERNMENT GAZETTE, WA 3851\nItem\nNo.\nNo.\n$\n33. 3.2(4)(g) Stopping a vehicle within 20 metres of approach side or\ndeparture side of railway level crossing\n34. 3.2(4)(h) Stopping within 3 metres of continuous dividing line markings 80\n35. 3.2(4)(i) Stopping in a clearway 150\n36. 3.2(5)(a) Stopping on a carriageway when prohibited by a sign 80\n37. 3.2(5)(b) Stopping on a carriageway when prohibited during a period by a\nsign\n38. 3.2(5)(c) Stopping contrary to a ‘no stopping’ sign 100\n39. 3.2(5)(d) Stopping within continuous yellow line 100\n40. 3.2(5)(e) Stopping in an area set aside for vehicles of a different class 100\n41. 3.2(5)(f) Stopping in an area set aside for persons of a different class 100\n42. 3.2(6) Parked in a ‘no parking’ area 100\n43. 3.3(1)(a) Failure to park as near as practicable or parallel with the\nboundary\n44. 3.3(1)(b) Failure to park at approximate right angle 80\n45. 3.4(2) Failure to park at an appropriate angle 80\n46. 3.4(3) Vehicle not reversed in to a parking bay in accordance with\nsignage\n47. 3.5(1)(a) Parking a heavy or long vehicle on a carriageway in excess of\n1 hour when not actively engaged in loading or unloading\n48. 3.5(1)(b) Parking a heavy or long vehicle not on the shoulder of a\ncarriageway or other specified area\n49. 3.6 Parking contrary to directions of an Authorised Person 250\n50. 3.7(2) Removing a mark made by an Authorised Person 250\n51. 3.9(a) Parking in thoroughfare for purpose of sale 80\n52. 3.9(b) Parking unlicensed vehicle in thoroughfare 80\n53. 3.9(c) Parking a trailer or caravan on a thoroughfare unattached to a\nmotor vehicle\n54. 3.9(d) Parking in thoroughfare in order to effect repairs 80\n55. 3.10(2) Parking on private land without consent 100\n56. 3.10(3) Parking on land not in accordance with consent 100\n57. 3.10(4) Displaying a Private Property Parking Enforcement Agreement\nsign without a current Private Property Parking Enforcement\nAgreement\n58. 3.11 Driving or parking on a reserve 150\n59. 3.12 Vehicle stopped or parked in a right of way causing an\nobstruction\n60. 3.13(2) Parking without authorisation 100\n61. 4.1(1) Parking on thoroughfare within 20 metres of a signaled\nintersection\n62. 4.1(2) Parking on thoroughfare within 10 metres of an intersection 100\n63. 4.2(a) Not engaged in loading or unloading whilst stopped in a loading\nzone\n64. 4.2(b),(c) Stopping in a loading zone in excess of maximum time allowed 80\n65. 4.3 Stopping unlawfully in a taxi zone or bus zone 80\n66. 4.4 Stopping unlawfully in a mail zone 80\n67. 4.5(8) Unauthorised stopping in a construction site work zone 100\n68. 5.1 Stopping unlawfully in a shared zone 80\n69. 5.2(1) Double parking 100\n70. 5.3 Stopping near an obstruction 80\n71. 5.4(a) Stopping in a bus lane 80\n72. 5.4(b) Stopping in a transit lane 80\n73. 5.4(c) Stopping in a truck lane 80\n74. 5.4(d) Stopping in a bicycle lane 80\n75. 5.5(1) Stopping on a bridge, causeway or ramp 100\n76. 5.5(2) Stopping in a tunnel or underpass 100\n\n","sortOrder":33},{"sectionNumber":"3852","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 October 2019","content":"3852 GOVERNMENT GAZETTE, WA 29 October 2019\nItem\nNo.\nNo.\n$\n77. 5.6(1) Stopping on a crest or curve 100\n78 5.7 Stopping within 1 metre of a fire hydrant or fire plug 100\n79. 5.8(1) Stopping near a bus stop 100\n80. 5.9 Stopping on a traffic island 100\n81. 5.10(1)(a) Stopping on a verge without consent of adjacent owner or\noccupier\n82. 5.10(1)(b) Stopping a commercial vehicle, bus, trailer, boat, caravan or\ntruck on a verge\n83. 5.10(1)(c) Stopping on a verge contrary to a sign 100\n84. 5.11 Driving a vehicle across a footpath or verge adjacent to a length\nof carriageway\n85. 5.12(1) Causing an obstruction to a footpath or path 100\n86. 5.12(2) Stopped on or across a crossover to deny access to the adjacent\npremises or land\n87. 5.12(3) Stopped on or across a crossover obstructing a footpath 150\n88. 5.13 Stopping within 3 metres of a public letter box 80\n89. 5.14 Stopping in a bicycle parking area 80\n90. 5.15 Stopping in a motorcycle parking area 80\n91. 5.16 Stopping on a median strip 100\n92. 5.17 Stopping in an eating area 100\n93. 6.5(2) Failure to display a valid Permit 80\n94. 6.7 Use of a counterfeit or altered parking permit 250\n95. 7.1 Impersonating an Authorised Person 250\n96. 7.2 Removing a notice from a vehicle without authority 100\n97. 7.3(a) Unauthorised exhibition of a parking control sign 100\n98. 7.3(b) Misuse or deface a sign exhibited by the local government 100\n99. 7.3(c) Affix anything to a sign exhibited by the local government 100\n100. 7.6(1) Cause or attempting to cause damage to a parking area or\nassociated infrastructure\n101. 7.6(2) Operating a ticket machine or pay station not in accordance\nwith instructions\n102. 7.8(1) Leaving a vehicle so as to obstruct a public place 150\n103. — All other offences not specified 100","sortOrder":34}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3708},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This legislation replaces the Shire of Northam Parking and Parking Facilities Local Law 2008 and maintains the standard scope of a local government parking regulation. It does not expand into unrelated areas such as traffic speed limits, vehicle registration, or road construction standards. The provisions remain focused on parking management, permit systems, and enforcement within the district."},"complexity_factors":["Over 50 defined terms in the interpretation clause (clause 1.4), with many terms (such as 'carriageway', 'intersection', 'stop', 'park') incorporated by reference from the Road Traffic Code 2000 and other Western Australian statutes rather than defined within the local law itself.","Extensive cross-referencing to external legislation including the Local Government Act 1995, Road Traffic Act 1974, Road Traffic (Administration) Act 2008, and Road Traffic Code 2000.","Two detailed schedules: Schedule 1 geographically defines the 'parking region' by exclusion (listing roads under Main Roads control that are excluded), and Schedule 2 contains a 103-item table of prescribed offences with specific modified penalties.","Nested conditional logic with multiple layers of exceptions, particularly in clauses 3.2 and 5.10 where general prohibitions are followed by numerous sub-clauses listing specific exceptions (e.g., for buses, emergency vehicles, or loading/unloading activities).","Technical specifications requiring precise measurements (e.g., parking within 3 metres of the kerb, stopping within 10 metres of a bus stop, 20 metres from traffic lights, 45-degree angle parking) and specific vehicle classifications (GVM limits, length limits of 7.5 metres)."],"plain_english_summary":"This local law for the Shire of Northam sets comprehensive rules for where, when and how vehicles may park or stop on public roads, car parks and verges, including basic parking standards, restricted and prohibited zones, a permit system for residents/visitors/businesses, paid parking rules, and enforcement powers (including tyre marking, on‑the‑spot fines and moving vehicles; penalties up to $500).\n\nIt affects anyone who drives or parks in the Shire and matters because it keeps traffic and emergency access clear, manages scarce parking, protects footpaths/driveways, and funds parking infrastructure."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Each instrument expressly repeals the Shire's 2008 equivalent local law (Cat 1.3; Fencing 1.3; Parking 1.3) and replaces it with updated, more prescriptive provisions. The new Cat local law adds a formal Cat Management Facility licensing and operational regime (Part 4) and retains a two‑cat default with approval pathways (Part 2). The Fencing local law sets detailed material and construction specifications and introduces stricter permit controls for electrified and razor‑wire fences (Parts 4–5 and First Schedule). The Parking local law establishes a district‑wide parking regime, expanded permit types, fee/payment methods and a comprehensive prescribed‑offence schedule, while excluding roads controlled by the Commissioner of Main Roads (Parking Schedule 1). These changes replace prior provisions and broaden administrative, technical and enforcement requirements (see cited clauses)."},"complexity_factors":["Three distinct regulatory regimes combined (cats, fencing, parking) each with separate permit/licence systems and offence schedules (see Cat Part 2–5; Fencing Parts 4–5; Parking Parts 2–6).","Many cross‑references to other statutes and instruments (Cat Act 2011, Cat Regulations, Local Government Act 1995, Road Traffic Code and Planning Scheme) requiring cross‑checking for application (see Cat 1.1–1.5; Fencing 1.5–1.6; Parking 1.4–1.6).","Technical and site‑specific standards (detailed First Schedule fencing specifications; Schedule 2/3 offences and modified penalties) create implementation and compliance complexity.","Multiple discretionary powers for the local government and Authorised Persons (approvals, variations, cancellations, inspections, notices) that require administrative decision‑making (see Cat 2.5–2.9; Fencing 3.8; Parking 1.9; numerous licence/permit clauses).","Fee, renewal, transfer and exemption regimes across the three instruments increase transactional burden (Cat 2.4, 2.7; Cat 4.7–4.12; Fencing 1.7; Parking 6.10).","Detailed enforcement architecture with prescribed offences, modified penalties and infringement processes across different statutory frameworks (see Cat Part 6 and Schedule 3; Fencing Part 7 and Fourth Schedule; Parking Part 8 and Schedule 2).","Interplay between planning/zoning and operation permissions (e.g. fencing and cat facilities must align with local planning scheme) requires coordination between regulatory regimes (Cat 2.5(a); Fencing 1.6(1))."],"plain_english_summary":"These Shire of Northam local laws replace earlier 2008 rules and set district‑wide controls for cats, fences and parking. Mechanically they limit household cats (standard two), create approval and licence regimes for additional cats and Cat Management Facilities, prescribe detailed fencing specifications and permits (including electrified and razor‑wire fences), and establish parking bays, permit types, fee/payment methods and enforcement processes. \n\nThey affect residents, property owners, builders, animal‑boarding operators and drivers by imposing permit, construction and cleanliness requirements, fees, record‑keeping and penalties (including impoundment) for non‑compliance."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-northam-parking-local-law-2019","history":"/api/acts/shire-of-northam-parking-local-law-2019/history","analysis":"/api/acts/shire-of-northam-parking-local-law-2019/analysis","conflicts":"/api/acts/shire-of-northam-parking-local-law-2019/conflicts","importantCases":"/api/acts/shire-of-northam-parking-local-law-2019/important-cases","documents":"/api/acts/shire-of-northam-parking-local-law-2019/documents"}}