{"id":"wa-local:plantagenet-shire-of-shire-of-plantagenet-cemeteries-local-law-2020","name":"Shire of Plantagenet Cemeteries Local Law 2020","slug":"shire-of-plantagenet-cemeteries-local-law-2020","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438786,"registerId":"wa-local:plantagenet-shire-of-shire-of-plantagenet-cemeteries-local-law-2020-pdf-1775955070505","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"22","sectionType":"section","heading":"April 2020 GOVERNMENT GAZETTE, WA 987","content":"22 April 2020 GOVERNMENT GAZETTE, WA 987\n1.2 Application\n1.3 Commencement\n1.5 Interpretations\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"ADMINISTRATION","content":"PART 2—ADMINISTRATION\n2.1 Powers and functions of CEO\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"APPLICATION FOR FUNERALS","content":"PART 3—APPLICATION FOR FUNERALS\n3.1 Application for burial\n3.2 Applications to be accompanied by certificates etc\n3.3 Certificates of identification\n3.4 Minimum notice required\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"FUNERAL DIRECTORS","content":"PART 4—FUNERAL DIRECTORS\n4.1 Funeral Director‘s licence expiry\n4.2 Single funeral permits\n4.3 Application refusal\n","sortOrder":3},{"sectionNumber":"Part 5","sectionType":"part","heading":"FUNERALS","content":"PART 5—FUNERALS\n5.1 Requirements for funerals and coffins\n5.2 Funeral processions\n5.3 Vehicle entry restricted\n5.4 Vehicle access and speed limitations\n5.5 Offenders may be ordered to leave\n5.6 Conduct of funeral by Board\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Placement of ashes","content":"Division 2—Placement of ashes\n5.7 Disposal of ashes\n","sortOrder":5},{"sectionNumber":"Part 6","sectionType":"part","heading":"BURIALS","content":"PART 6—BURIALS\n6.1 Depth of graves\n6.2 Mausoleum etc\n","sortOrder":6},{"sectionNumber":"Part 7","sectionType":"part","heading":"MEMORIALS AND OTHER WORK","content":"PART 7—MEMORIALS AND OTHER WORK\n7.1 Application for monumental work\n7.2 Placement of monumental work\n7.3 Removal of rubbish\n7.4 Operation of work\n7.5 Removal of sand, soil or loam\n7.6 Hours of work\n\n","sortOrder":7},{"sectionNumber":"988","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"988 GOVERNMENT GAZETTE, WA 22 April 2020\n7.7 Unfinished work\n7.8 Use of wood\n7.9 Plants and trees\n7.10 Supervision\n7.11 Australian War Graves\n7.12 Placing of glass domes and vases\nDivision 2—Lawn section\n7.13 Specifications of monuments\n7.14 Headstones\n","sortOrder":8},{"sectionNumber":"Div 3","sectionType":"division","heading":"Memorial plaque section","content":"Division 3—Memorial plaque section\n7.15 Requirements of a memorial plaque\n","sortOrder":9},{"sectionNumber":"Div 4","sectionType":"division","heading":"Licensing of Monumental Masons","content":"Division 4—Licensing of Monumental Masons\n7.16 Monumental mason‘s licence\n7.17 Expiry date, non-transferability\n7.18 Carrying out monumental work\n7.19 Responsibility of holder of a monumental mason‘s licence\n7.20 Cancellation of a monumental mason‘s licence\n","sortOrder":10},{"sectionNumber":"Part 8","sectionType":"part","heading":"GENERAL","content":"PART 8—GENERAL\n8.1 Animals\n8.2 Damaging and removing objects\n8.3 Withered flowers\n8.4 Littering and vandalism\n8.5 Advertising\n8.6 Obeying signs and directions\n8.7 Removal from cemetery\n","sortOrder":11},{"sectionNumber":"Part 9","sectionType":"part","heading":"OFFENCES AND MODIFIED PENALTIES","content":"PART 9—OFFENCES AND MODIFIED PENALTIES\n9.1 General\n9.2 Modified penalties\nSCHEDULE 1—MODIFIED PENALTIES\nSCHEDULE 2—INFRINGEMENT NOTICE\nSCHEDULE 3—INFRINGEMENT WITHDRAWAL NOTICE\n\n22 April 2020 GOVERNMENT GAZETTE, WA 989\nUnder the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and\nunder all other powers enabling it, the Council of the Shire of Plantagenet resolved on 28 January\n2020 to adopt the following local law.\nThis local law may be cited as the Shire of Plantagenet Cemeteries Local Law 2020.\n1.2 Application\nThis local law applies to the Mt Barker (West), Mt Barker (East), Kendenup and Rocky Gully\nCemeteries.\n1.3 Commencement\nThis local law repeals the Shire of Plantagenet Cemeteries Local Law 2008 as published in the\nGovernment Gazette on 11 April 2008 and as amended in the Government Gazette on 8 October 2010,\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"July 2011 and 6 January 2015.","content":"8 July 2011 and 6 January 2015.\n1.5 Interpretations\nIn this local law, unless the context otherwise requires—\nAct means the Cemeteries Act 1986;\nashes means so much of the remains of a dead body after the due processes of cremation as may\nbe contained in a standard sized cremation urn;\nauthorised officer means an employee of the Board authorised by the Board for the purposes of\nperforming any function or exercising any power conferred upon an authorised officer by this\nlocal law;\nBoard means the local government;\nCEO means the chief executive officer, for the time being, of the Board;\ncoffin means a coffin or other receptacle used for the transportation of a dead body to the grave\nsite, or the receptacle used for the burial of a dead body in a grave;\ncrypt has the same meaning as vault;\nfuneral director means a person holding a current funeral director‘s licence;\nmausoleum means a building or construction wholly above or partially above and below ground\nlevel, so constructed as to allow the deposition of dead bodies into a compartment in the wall\nor floor and being sealed from view;\nmemorial includes headstone, plaque, tombstone, monumental work, inscription, kerbing,\nenclosure and any other fixture or thing commemorating a grave or placement of ashes;\nmonument means a sculpture, statue, headstone, plaque, grave boundary marker, fence or cover,\napproved by the Board, commemorating a grave or placement of ashes;\nmonumental mason means a person holding a current monumental mason‘s licence;\nmonumental mason’s licence means a licence issued under clause 7.16;\nmonumental work when the term is used as an abstract noun shall include the erection,\nalteration or removal of or other working upon a monument on a grave;\n\n","sortOrder":13},{"sectionNumber":"990","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"990 GOVERNMENT GAZETTE, WA 22 April 2020\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\npersonal representative means—\n(a) The administrator or executor of an estate of a deceased person;\n(b) The person who, by law of practice, has the right to apply for administration of the estate\nof the deceased person; or\n(c) A person having lawful custody of a dead body;\nset fee refers to fees and charges set by a resolution of the Board and published in the\nGovernment Gazette, under section 53 of the Act;\nsingle funeral permit means a permit issued by the Board under section 20 or 21 of the\nAct which entitles the holder to conduct at the cemetery a funeral of a person named in the\npermit;\nvault means a below ground lined grave with one or more sealed compartments constructed to\nspecifications approved from time to time by the Board; and\nvehicle has the same meaning as is given to that word in the Road Traffic (Administration)\nAct 2008 (as amended from time to time), and includes trail bikes, beach buggies and other\nrecreational vehicles licensed or unlicensed, but excludes a wheelchair being used by a\nphysically impaired person.\nPART 2—ADMINISTRATION\n2.1 Powers and functions of CEO\nSubject to any directions given by the Board, the CEO shall exercise all the powers and functions of\nthe Board in respect of the Shire of Plantagenet cemeteries.\nPART 3—APPLICATION FOR FUNERALS\n3.1 Application for burial\n(1) A person may apply for approval to bury a dead body in the cemetery in the form determined by\nthe Board from time to time.\n(2) An application under subclause (1) is to be accompanied by the set fee.\n3.2 Applications to be accompanied by certificates etc\nAll applications referred to in clause 3.1 shall be accompanied by either a medical certificate of death\nor a Coroner‘s order of burial, and a certificate issued under clause 3.3, in respect of the body.\n3.3 Certificates of identification\n(1) After a dead body is placed in a coffin and prior to a dead body being removed to the cemetery, a\nperson who personally knew the deceased shall identify the dead body and shall complete a certificate\nof identification in the form determined by the Board from time to time, unless—\n(a) in the opinion of a funeral director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the\ndead body.\n(2) A funeral director shall complete a certificate in the form determined by the Board from time to\ntime, where—\n(a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the\ndead body.\n3.4 Minimum notice required\nAll bookings to hold a funeral shall be made with the Board at least 48 hours prior to the time\nproposed for burial on the application, otherwise an extra charge may be made.\nPART 4—FUNERAL DIRECTORS\n4.1 Funeral Director‘s licence expiry\nA funeral director‘s licence shall expire on 30 June of each year.\n4.2 Single funeral permits\nEvery application for a single funeral permit made under section 20 or 21 of the Act shall include\ncoffin specifications and details of the vehicle transporting the dead body to the gravesite.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 991\n4.3 Application refusal\nThe Board may refuse an application for a single funeral permit if, in the opinion of the Board, either\nthe coffin specifications or the details of the vehicle transporting the dead body to the gravesite are\nnot structurally sound or are otherwise inadequate or inappropriate, or on any other grounds.\nPART 5—FUNERALS\n5.1 Requirements for funerals and coffins\nA person shall not bring a dead body into the cemetery unless—\n(a) the Board has approved an application for the burial of that dead body in accordance with\nPart 3 of this local law;\n(b) it is enclosed in a coffin which in the opinion of the Board is structurally sound and bears the\nname of the deceased person indelibly inscribed in legible characters on a plate on the coffin‘s\nlid; and\n(c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the\nsurname of the deceased person stamped in legible characters, each character being not less\nthan 10 mm in height.\n5.2 Funeral processions\nThe time fixed by the Board for any burial shall be the time at which the funeral procession is to\narrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to hold\nthe funeral under clause 3.1 shall pay the set fee for being late.\n5.3 Vehicle entry restricted\n(1) Subject to clause 5.3(2), every funeral procession shall enter by the principal entrance, and no\nvehicle except the hearse, and official mourning coaches, shall be permitted to enter the cemetery\nunless prior approval is granted by the CEO or an authorised officer.\n(2) This clause shall not apply to persons using wheelchairs or motorised wheelchairs.\n5.4 Vehicle access and speed limitations\n(1) A person shall drive a vehicle on a vehicular access way or the constructed roadway or other areas\ndesignated for the use of vehicles within the cemetery, unless otherwise authorised by the CEO.\n(2) A person driving a vehicle within a cemetery, shall not exceed the speed limit of 25 km per hour,\nand shall comply with the signs and directions in the cemetery.\n5.5 Offenders may be ordered to leave\n(1) A person committing an offence under clause 5.4 may be ordered to leave the cemetery by the CEO\nor an authorised officer.\n(2) A person who has been ordered to leave the cemetery by the CEO or an authorised officer is to\nleave immediately in a peaceful manner and not cause a disruption or be a nuisance to the funeral\ncongregation or ceremony or procession.\n5.6 Conduct of funeral by Board\nWhen conducting a funeral under section 22 of the Act the Board may—\n(a) require a written request for it to conduct a funeral to be lodged with it;\n(b) in its absolute discretion, charge any person requesting it to conduct a funeral the set fee for\nthe conduct of that funeral by it;\n(c) where no fee or a reduced fee has been charged by it for the conduct of the funeral, determine\nthe manner in which the funeral shall be conducted;\n(d) specify an area in the cemetery where the dead body is to be buried, or the ashes placed;\n(e) conduct the funeral notwithstanding the failure of a person to make any application or to\nobtain any consent required under this local law;\n(f) do or require anything which it considers is necessary or convenient for the conduct of a\nfuneral by it.\nDivision 2—Placement of ashes\n5.7 Disposal of ashes\n(1) The personal representative of a deceased person whose body has been cremated may apply, in an\napplication under clause 3.1 or otherwise, for permission to dispose of the ashes in the cemetery and\nupon payment of the set fee, the Board may grant permission for the ashes to be disposed of in a\nmanner approved by the Board.\n(2) Subject to subclauses (3) and (4), a person shall not place the ashes of a deceased person in the\ncemetery.\n(3) An authorised officer may place the ashes of a deceased person in a cemetery in accordance with\nthe Board approval provided—\n(a) the person requesting the placement of the ashes has the permission of the Board; and\n(b) the ashes are placed within an area set aside for that purpose by the Board.\n\n","sortOrder":14},{"sectionNumber":"992","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"992 GOVERNMENT GAZETTE, WA 22 April 2020\n(4) An authorised officer may place the ashes of a deceased person within a grave in accordance with\nthe Board approval, provided the person requesting the placement of the ashes has the written\npermission of the Board and the approval of the holder of the right of burial of the grave.\nPART 6—BURIALS\n6.1 Depth of graves\n(1) A person shall not bury a coffin within the cemetery so that the distance between the top of the\ncoffin and the original surface of the ground is—\n(a) Subject to paragraph (b), less than 750 mm, unless that person has the permission of an\nauthorised officer; or\n(b) in any circumstances less than 600 mm.\n(2) The permission of the authorised officer will only be granted where, in the opinion of the\nauthorised officer, exceptional circumstances require granting of that permission.\n6.2 Mausoleum etc\n(1) A person other than the board shall not construct a brick grave, crypt, vault or mausoleum within\nthe cemetery.\n(2) A person may request the Board to construct a vault or mausoleum within the cemetery which\nvault or mausoleum shall at all times remain the property of the Board.\n(3) An application under subclause (2) shall be in writing and shall be accompanied by the payment of\nthe set fee.\n(4) A person shall not place a dead body in a mausoleum except—\n(a) in a closed coffin; and\n(b) in a soundly constructed chamber; and\n(c) in accordance with subclause (5).\n(5) The number of burials in a chamber must not exceed the number for which the chamber was\ndesigned.\nPART 7—MEMORIALS AND OTHER WORK\n7.1 Application for monumental work\nA Board may require the written consent of the holder of the right of burial of the grave to accompany\nan application under section 30 of the Act.\n7.2 Placement of monumental work\nEvery memorial shall be placed on proper and substantial foundations.\n7.3 Removal of rubbish\nAll refuse, rubbish or surplus material remaining after memorial works are completed under a permit\nissued under section 30 of the Act shall be immediately removed from the cemetery by the person\ncarrying out the memorial works.\n7.4 Operation of work\nAll material required in the erection and completion of any work shall, as far as possible, be prepared\nbefore being taken to the cemetery, and all materials required by tradesmen shall be admitted at such\nentrance as the CEO or an authorised officer shall direct.\n7.5 Removal of sand, soil or loam\nNo sand, earth or other material shall be taken from any part of the cemetery for use in the erection\nof any memorial or work except with the written approval of the Board.\n7.6 Hours of work\nPersons shall not be permitted to carry out memorial or other work on graves within the cemetery\nother than during the hours of 8.00am and 6.00pm on weekdays, and 8.00am and noon on Saturdays,\nwithout the written permission of the Board.\n7.7 Unfinished work\nShould any work by masons or others be not completed before 6 p.m. on weekdays and noon on\nSaturdays, they shall be required to leave the work in a neat and safe condition to the satisfaction of\nthe CEO or an authorised officer.\n7.8 Use of wood\nNo wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave,\nother than as a temporary marker and with the prior approval of the Board.\n7.9 Plants and trees\nNo trees or shrubs shall be planted on any grave or within the cemetery except such as shall be\napproved by the CEO.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 993\n7.10 Supervision\nAll workers, whether employed by the Board or by any other person, shall at all times whilst within\nthe boundaries of the cemetery be subject to the supervision of the CEO or an authorised officer and\nshall obey such directions as the CEO or an authorised officer may give.\n7.11 Australian War Graves\nNotwithstanding anything in this local law to the contrary, the Office of Australian War Graves—\n(a) may place a memorial on a military grave; and\n(b) is not required to pay the set fee for any memorial that is placed upon a military grave.\n7.12 Placing of glass domes and vases\nA person shall not place glass domes, vases or other grave ornaments—\n(a) outside the perimeter of a grave in the cemetery as defined in the plans kept and maintained\nunder section 40(2) of the Act; or\n(b) in the Mt Barker (West) cemetery, except on a headstone plinth, where one has been\ninstalled; or\n(c) in an area set aside by the Board as a memorial plaque, lawn or natural earth burials section.\nDivision 2—Lawn section\n7.13 Specifications of monuments\nAll monuments in the lawn section of a cemetery shall be supplied by the Board.\n7.14 Headstones\nIn the lawn section of the cemetery, that part of a headstone above its base shall not extend\nhorizontally beyond that base.\nDivision 3—Memorial plaque section\n7.15 Requirements of a memorial plaque\nAll memorial plaques placed in a memorial plaque section of the cemetery shall be supplied by the\nBoard.\nDivision 4—Licensing of Monumental Masons\n7.16 Monumental mason‘s licence\n(1) The Board may upon receipt of an application in writing by any person and upon payment of the\nset fee issue to the applicant a monumental mason‘s licence.\n(2) A licence issued under subclause (1) authorises the holder to carry out monumental works within\nthe cemetery subject to the provisions of this local law and such conditions as the Board shall specify\nupon the issue of that licence.\n7.17 Expiry date, non-transferability\nA monumental mason‘s licence—\n(a) shall be valid from the date specified on the licence until 30 June; and\n(b) is not transferable.\n7.18 Carrying out monumental work\nA person shall not carry out monumental work within the cemetery unless that person—\n(a) is the holder of a current monumental mason‘s licence issued pursuant to clause 7.16; or\n(b) is an employee of a person who holds such a licence; or\n(c) is authorised by the Board to do so.\n7.19 Responsibility of holder of a monumental mason‘s licence\nThe holder of a monumental mason‘s licence shall be responsible for the compliance by every person\npurporting to be authorised to carry out monumental works within the cemetery pursuant to that\nlicence with all the requirements and conditions of the licence, this local law, the Act and any other\nwritten law which may affect the carrying out of monumental works.\n7.20 Cancellation of a monumental mason‘s licence\n(1) The Board may by notice in writing to the holder of a monumental mason‘s licence terminate the\nlicence on the grounds that the holder of the licence has committed a breach of the requirements and\nconditions of the licence, this local law, the Act or any other written law which may affect the carrying\nout of monumental works.\n(2) Upon the termination of a monumental mason‘s licence under this clause no part of any fee paid\nfor the issue of that licence is refundable by the Board.\nPART 8—GENERAL\n8.1 Animals\nA person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other\nthan an assistance animal as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth)\nor with the approval of the CEO or an authorised officer.\n\n","sortOrder":15},{"sectionNumber":"994","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"994 GOVERNMENT GAZETTE, WA 22 April 2020\n8.2 Damaging and removing objects\nSubject to clause 8.3, a person shall not damage, remove or pick any tree, plant, shrub or flower in the\ncemetery or any other object or thing on any grave or memorial or which is the property of the Board\nwithout the permission of the Board.\n8.3 Withered flowers\nA person may remove withered flowers from a grave or memorial and these are to be placed in a\nreceptacle provided by the Board for that purpose.\n8.4 Littering and vandalism\nA person shall not—\n(a) break or cause to be broken any glass, ceramic or other material in or upon the cemetery; or\n(b) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in or upon\nthe cemetery other than in a receptacle provided for that purpose.\n8.5 Advertising\n(1) A person shall not advertise or carry on any trade, business or profession within the cemetery\nwithout the prior written approval of the Board.\n(2) The Board may consider and grant approval subject to such conditions as the Board thinks fit.\n8.6 Obeying signs and directions\nA person shall obey all signs displayed, marked, placed or erected by the Board within the cemetery\nand any other lawful direction by the CEO or an authorised officer.\n8.7 Removal from cemetery\nAny person failing to comply with any provisions of this local law or behaving in a manner that in the\nopinion of the Board, the CEO or an authorised officer is inappropriate in the cemetery may in\naddition to any penalty provided by this local law be given a direction to leave the cemetery by the\nBoard, the CEO or an authorised officer. Failure to comply will be an offence under clause 8.6 above.\nPART 9—OFFENCES AND MODIFIED PENALTIES\n9.1 General\nA person who commits a breach of any provisions of this local law commits an offence and shall on\nconviction be liable to a penalty not exceeding $500.00 and if the offence is a continuing one to a\nfurther penalty not exceeding $20.00 for every day or part of a day during which the offence has\ncontinued.\n9.2 Modified penalties\n(1) The offences specified in Schedule 1 are offences which may be dealt with under section 63 of the\nAct.\n(2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the\nfourth column of Schedule 1\n(3) The prescribed form of the infringement notice referred to in section 63(1) of the Act is set out in\nSchedule 2.\n(4) The prescribed form of the notice withdrawing an infringement notice referred to in section 63 (3)\nof the Act is set out in Schedule 3.\n————\n","sortOrder":16},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"MODIFIED PENALTIES","content":"SCHEDULE 1—MODIFIED PENALTIES\n[clause 9.2(1)]\nOFFENCES AND MODIFIED PENALTIES\nItem\nNo. Clause Nature of offence Modified\npenalty\n1 5.4(1) Not driving vehicle on vehicular access way or constructed roadways or\nwithin designated areas\n$50\n2 5.4(2) Exceeding speed limit $50\n3 7.3 Not removing rubbish and surplus materials $50\n4 7.5 Unauthorised use of sand, earth or other material taken from another\npart of the cemetery\n$50\n5 7.6 Works carried out during unauthorised time $50\n6 7.7 Leaving uncompleted works in an untidy or unsafe condition $50\n7 8.1 Unauthorised bringing in of animal into cemetery or permitting animal\nto remain in cemetery\n$50\n8 8.2 Damaging and removing of objects $50\n9 8.4 Littering and vandalism $50\n10 8.5 Unauthorised advertising and/or trading $50\n11 8.6 Disobeying sign or lawful direction $50\n\n22 April 2020 GOVERNMENT GAZETTE, WA 995\n","sortOrder":17},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"INFRINGEMENT NOTICE","content":"SCHEDULE 2—INFRINGEMENT NOTICE\n[clause 9.2(3)]\nINFRINGEMENT NOTICE\nINFRINGEMENT NUMBER—\nTo—\nAddress—\nIt is alleged that—\nCemetery address—\nAt— Time\nOn— Date\nYou committed the following offence—\nContrary to— Shire of Plantagenet Cemeteries Local Law 2020\nSchedule 1 reference— Item No.— Clause—\nOffence—\nBrief description—\nThe modified penalty for the\noffence is—\n$\nIf you do not wish to have a complaint of the alleged offence\nheard and determined by a court, the amount of the modified\npenalty may be paid at the Shire of Plantagenet within a period\nof 28 days after the giving of this notice.\nName of authorised person—\nPosition—\nSignature—\nDate—\nPayments may be made— (a) EFT to the Shire of Plantagenet specifying the infringement\nnumber.\n(b) In person at—Shire of Plantagenet, 22-24 Lowood Street, Mt\nBarker during business hours.\n(c) By mail to—Shire of Plantagenet, PO Box 48, Mt Barker 6324.\nPlease make cheques payable to Shire of Plantagenet.\nIf the penalty is not paid within the time specified, then a complaint of the alleged offence may be\nmade and heard and determined by a court.\n————\n","sortOrder":18},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"INFRINGEMENT WITHDRAWAL NOTICE","content":"SCHEDULE 3—INFRINGEMENT WITHDRAWAL NOTICE\n[clause 9.2(4)]\nNo. .................... Date ............ / ............. / .............\nTo: [1]\nInfringement Notice No dated ____/_____/_____ for the alleged offence of [2]\nPenalty [3] $__________ is withdrawn.\n(Delete whichever does not apply)\n* No further action will be taken.\n* It is proposed to institute court proceedings for the alleged offence.\n(Authorised Person)\n[1] Insert name and address of alleged offender.\n[2] Insert short particulars of offence alleged.\n[3] Insert amount of penalty prescribed.\n————\n\n22 April 2020 GOVERNMENT GAZETTE, WA 997\n1.3 Definitions and interpretations\n1.5 Application\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\n","sortOrder":19},{"sectionNumber":"Div 1","sectionType":"division","heading":"Establishment of Bush Fire Brigades","content":"Division 1—Establishment of Bush Fire Brigades\n2.1 Establishment of a Bush Fire Brigade\n2.2 Brigade name and appointment of officers of Bush Fire Brigade\nDivision 2—Command at a Fire\n2.3 Ranks within the Bush Fire Brigade\nDivision 3—Transitional\n2.4 Existing Bush Fire Brigades\nDivision 4—Dissolution of Bush Fire Brigade\n2.5 Dissolution of Bush Fire Brigade\n2.6 New arrangement after dissolution\nPART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—Local Government Responsibility\n3.1 Local Government responsible for structure, Rules and operating procedures\nDivision 2—Rules Operating Procedures and Policies\n3.2 Application of the Rules, procedures, policies and local law\n3.3 Variation of procedures, policies and constitution\n3.4 Brigades and officers to be supplied with Act, Rules, procedures and policies\nDivision 3—Chief Bush Fire Control Officer\n3.5 Managerial role of Chief Bush Fire Control Officer\n3.6 Chief Bush Fire Control Officer may attend meetings\n3.7 Duties of Bush Fire Control Officer\nPART 4—ADMINISTRATION OF BUSH FIRE BRIGADES\nDivision 1—Bush Fire Brigade Membership\n4.1 Types of membership of Bush Fire Brigade\n4.2 Brigade membership\n4.3 Notification of membership\n4.4 Grievance\n\n","sortOrder":20},{"sectionNumber":"998","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"998 GOVERNMENT GAZETTE, WA 22 April 2020\nDivision 2—Meetings of Bush Fire Brigades\n4.5 Conduct of brigade meetings\n4.6 Nomination of bush fire control officers to local government\n4.7 Minutes to be tabled before Bush Fire Advisory Committee\nDivision 3—Bush Fire Advisory Committee\n4.8 Functions of Advisory Committee\n4.9 Advisory Committee to consider bush fire brigade motions\nPART 5—EQUIPMENT OF BUSH FIRE BRIGADES\n5.1 Policies and Bush Fire Operating Procedures of local government\nPART 6—FUNDING OF BUSH FIRE BRIGADES\n6.1 Funding under the Local Government Grant Scheme or equivalent\n6.2 Funding from local government budget\n6.3 Management and expenditure of bush fire brigade\nSCHEDULE 1—RULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES\n\n22 April 2020 GOVERNMENT GAZETTE, WA 999\nUnder the powers conferred by the Bush Fires Act 1954 the Local Government Act 1995 and under all\nother powers enabling it, the Council of the Shire of Plantagenet resolved on 28 January 2020 to\nmake the following local law.\nThis local law may be cited as the Shire of Plantagenet Bush Fire Brigade Local Law 2020.\n1.3 Definitions and interpretations\n(1) In this local law unless the context otherwise requires—\nAct means the Bush Fires Act 1954;\nActive Member has the meaning given in clause 4.12 of the Rules;\nAuxiliary Member has the meaning given in clause 4.3 of the Rules;\nbrigade area is defined in clause 2.2(1)(b);\nbrigade member means a volunteer fire fighter of a bush fire brigade;\nbrigade administration officer means a person holding a position referred to in clause\n2.2(1)(c), whether or not he or she was appointed by the local government or elected at an\nannual general meeting of a bush fire brigade or otherwise appointed to the position;\nbush fire brigade is defined in section 7 of the Act;\nbush fire control officer means a person appointed to that office by the local government in\naccordance with section 38 of the Act;\nBush Fire Operating Procedures means the Bush Fire Operating Procedures adopted by the\nlocal government as amended from time to time;\ncadet means any adolescent member of the Brigade who has attained the age of 11 years but not\nthe age of 16 years;\nChief Bush Fire Control Officer means the Chief Bush Fire Control Officer appointed by the\nlocal government in accordance with section 38 of the Act;\nCEO means the Chief Executive Officer of the Shire of Plantagenet;\nCouncil means the Council of the local government;\nDepartment means the Department of Fire and Emergency Services Western Australia,\nestablished by section 3 of the Fire and Emergency Services Act 1998;\nfire fighting member is defined in clause 4.2 of the Rules;\ngrievance has the meaning given in Schedule 1 clause 4.16 (2);\nnormal brigade activities means all normal brigade activities relating to a live bush fire which\nis active in the district, and includes burning off, creating fire breaks and other methods for\nthe control of bush fires;\nRegulations means Regulations made under the Act;\nRules means the rules governing the operation of Bush Fire Brigades as set out in Schedule 1;\nand\nvolunteer fire brigade has the meaning given in the Fire Brigades Act 1942.\n\n","sortOrder":21},{"sectionNumber":"1000","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1000 GOVERNMENT GAZETTE, WA 22 April 2020\n(2) In this local law unless the context otherwise requires, a reference to—\n(a) a Captain;\n(b) a Brigade Training Officer;\n(c) a Fire Control Officer;\n(d) a First Lieutenant;\n(e) a Second Lieutenant;\n(f) any additional Lieutenants;\n(g) an Equipment Officer;\n(h) a Secretary;\n(i) a Treasurer;\nmeans a person holding that position in a bush fire brigade.\nThis local law repeals the Shire of Plantagenet Bush Fire Brigades Local Law 2004 as published in\nthe Government Gazette on 7 April 2004, and as amended in the Government Gazette on 17 March\n2006 and 11 April 2008.\n1.5 Application\nThis local law applies throughout the district.\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\nDivision 1—Establishment of bush fire brigades\n2.1 Establishment of a bush fire brigade\n(1) The local government may establish a bush fire brigade for the purpose of carrying out normal\nbrigade activities.\n(2) A bush fire brigade is established on the date of the local government‘s decision under\nsubclause (1).\n2.2 Brigade name and confirmed appointment of officers of bush fire brigade\n(1) On establishing a bush fire brigade under clause 2.1(1) the local government is to—\n(a) give a name to the bush fire brigade;\n(b) specify the area in which the bush fire brigade is primarily responsible for carrying out the\nnormal brigade activities; and\n(c) appoint—\n(i) a Captain;\n(ii) a Fire Control Officer;\n(iii) a First Lieutenant;\n(iv) a Second Lieutenant;\n(v) additional Lieutenants if the local government considers it necessary;\n(vi) an Equipment Officer;\n(vii) a Secretary;\n(viii) a Treasurer.\n(2) When considering the appointment of persons to the positions in subclause (1)(c), the local\ngovernment is to have regard to the qualifications and experience which may be required to fill each\nposition which are defined in the Rules.\n(3) A person appointed to a position in subclause (1)(c) is to be a registered brigade member.\n(4) The appointments referred to in subclause (1)(c) expire at the completion of the first annual\ngeneral meeting of the bush fire brigade.\n(5) If a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first\nannual general meeting, then the local government is to appoint a person to fill the vacancy in\naccordance with subclause (2).\nDivision 2—Command at a fire\n2.3 Ranks within the bush fire brigade\n(1) Where under the Act and Bush Fire Operating Procedures members of the bush fire brigade have\ncommand of a fire, unless a bush fire control officer is in attendance at the fire, the Captain has full\ncontrol over other persons fighting the fire, and is to issue instructions as to the methods to be\nadopted by the fire fighters. In the absence of the Captain, the Fire Control Officer, in the order of\nseniority determined, is to exercise all the powers and duties of the Captain.\n(2) Where a bush fire control officer is in attendance at a fire which the members of the bush fire\nbrigade have command of under the Act and the Bush Fire Operating Procedures, the most senior\nbush fire control officer has full control over other persons fighting the fire and is to issue instructions\nas to the methods to be adopted by the fire fighters.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1001\nDivision 3—Transitional\n2.4 Existing Bush Fire Brigades\n(1) Where a local government has established a bush fire brigade prior to the commencement date,\nthen on and from the commencement day—\n(a) the bush fire brigade is to be taken to be a bush fire brigade established under and in\naccordance with this local law;\n(b) the provisions of this local law apply to the bush fire brigade save for clause 2.2; and\n(c) any rules governing the operation of the bush fire brigade are to be taken to have been\nrepealed and substituted with the Rules.\n(2) In this clause—\ncommencement day means the day on which this local law comes into operation.\nDivision 4—Dissolution of bush fire brigade\n2.5 Dissolution of bush fire brigade\nIn accordance with section 41(3) of the Act, the local government may cancel the registration of a bush\nfire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local\nlaw, the Bush Fire Operating Procedures, the Rules, or is not achieving the objectives of the Bush\nFire Operating Procedures.\n2.6 New arrangement after dissolution\nIf a local government cancels the registration of a bush fire brigade, alternative fire control\narrangements are to be made in respect of the brigade area.\nPART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—Local government responsibility\n3.1 Local government responsible for structure, Rules and operating procedures\n(1) The local government is to ensure that there is an appropriate structure through which the\norganisation of bush fire brigades is maintained.\n(2) The local government is to prepare and adopt a Bush Fire Operating Procedures.\n(3) The local government may make other applicable rules, policies and procedures as determined\nnecessary by the local government.\nDivision 2—Rules operating procedures and policies\n3.2 Application of the Rules, procedures, policies and local law\n(1) The Rules and Bush Fire Operating Procedures govern the operation of a bush fire brigade.\n(2) A bush fire brigade and each brigade member is to comply with the Rules and the provisions of\nthis Local Law.\n3.3 Variation of procedures, policies and constitution\n(1) The local government may vary the Bush Fire Operating Procedures and policies at any time.\n(2) The local government is to notify a bush fire brigade of any variation to the Bush Fire Operating\nProcedures and Policies as soon as practicable after making a decision under subclause (1).\n3.4 Brigades and officers to be supplied with Act, Rules, procedures and policies\nThe local government is to supply each bush fire brigade and brigade officer with a copy of the Act,\nthe Regulations, this local law, the Bush Fire Operating Procedures, policies and any other written\nlaws which may be relevant to the performance of the brigades or brigade officers‘ functions, and any\namendments which are made thereto from time to time.\nDivision 3—Chief Bush Fire Control Officer\n3.5 Managerial role of Chief Bush Fire Control Officer\nSubject to any directions by the local government the Chief Bush Fire Control Officer has primary\nmanagerial responsibility for the organisation and administration of bush fire brigades.\n3.6 Chief Bush Fire Control Officer may attend meetings\nThe Chief Bush Fire Control Officer or her or his nominee (who is to be a bush fire control officer)\nmay attend as a non-voting representative of the local government at any meeting of a bush fire\nbrigade.\n3.7 Duties of Chief Bush Fire Control Officer\nThe duties of the Chief Bush Fire Control Officer are to—\n(a) provide leadership to volunteer fire brigades;\n(b) monitor bush fire brigades‘ resourcing, equipment (including protective clothing) and training\nlevels and report thereon with recommendations at least once a year to the local government;\nand\n\n","sortOrder":22},{"sectionNumber":"1002","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1002 GOVERNMENT GAZETTE, WA 22 April 2020\n(c) liaise with the local government concerning fire prevention or fire suppression matters\ngenerally and directions to be issued by the local government to bush fire control officers\n(including those who issue permits to burn), bush fire brigades or brigade officers.\nPART 4—ADMINISTRATION OF BUSH FIRE BRIGADES\nDivision 1—Bush fire brigade membership\n4.1 Types of membership of bush fire brigade\nThe types of membership of a bush fire brigade shall be accordance with the definitions contained in\nthe Rules.\n4.2 Brigade membership\n(1) The appointment, determination, dismissal and management of bush fire brigade membership are\ngoverned by the Rules and the Bush Fire Operating Procedures.\n(2) Application for membership, including registration of bush fire brigade members, is to be in\naccordance with the Rules and Bush Fire Operating Procedures.\n(3) Membership of the bush fire brigade terminates in accordance with the Rules.\n(4) The local government may terminate the membership of a brigade member in accordance with the\nRules and Bush Fire Operating Procedures.\n(5) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the\nExecutive Committee, circumstances warrant suspending the member. The period of suspension shall\nbe at the discretion of the Executive Committee.\n(6) Upon the expiry of the period of suspension the Executive Committee may—\n(a) extend the period of suspension;\n(b) terminate the membership; or\n(c) reinstate the membership.\n(7) The resignation or termination of a member under clause 4.17 of Schedule 1 or clause 4.2(3) of this\nlocal law, does not affect any liability of the brigade member arising prior to the date of resignation or\ntermination.\n4.3 Notification of membership\nNo later than 31 May in each year, the bush fire brigade is to report to the local government, the\nname, contact details and type of membership of each brigade member.\n4.4 Grievance\n(1) Grievances shall be managed in accordance with the Rules, Bush Fire Operating Procedures and\nPolicies.\n(2) In respect to grievance complaints or submissions, where the complaint relates to or is made\nagainst the Chief Bushfire Control Officer, Deputy Chief Bushfire Control Officer or a Brigade\nCaptain, the matter may be referred to an independent investigator as determined by the local\ngovernment.\n(3) The CEO of the local government shall be the final ‗decision making authority‘ in regards to the\nadministration of a grievance.\nDivision 2—Meetings of bush fire brigades\n4.5 Conduct of brigade meetings\n(1) All bush fire brigade meetings are to be conducted in accordance with the Rules and the Bush Fire\nOperating Procedures.\n(2) In this clause, a reference to a bush fire brigade meeting means an—\n(a) Annual general meeting of a bush fire brigade to be held in May of each year;\n(b) Ordinary meeting of a bush fire brigade; or\n(c) Special meeting of a bush fire brigade.\n4.6 Nomination of bush fire control officers to local government\nAt the annual general meeting of a bush fire brigade, the brigade may nominate preferred candidates\nfor the position of bush fire control officer to the Chief Bush Fire Control Officer and to the local\ngovernment for consideration and recommendation to the Council.\n4.7 Minutes to be tabled before the Bush Fire Advisory Committee\n(1) The Secretary is to forward a copy of the minutes of the annual general meeting of a bush fire\nbrigade to the local government within one month after the meeting.\n(2) The Brigade is to table the minutes of a bush fire brigade‘s annual general meeting at the next\nmeeting of the—\n(a) Bush Fire Advisory Committee; or\n(b) The Council, if there is no Bush Fire Advisory Committee.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1003\nDivision 3—Bush Fire Advisory Committee\n4.8 Functions of Advisory Committee\nThe Bush Fire Advisory Committee is to have the functions set out in section 67 of the Act and is to\ninclude such number of nominees of the bush fire brigades as is determined by the local government.\n4.9 Advisory Committee to consider bush fire brigade motions\nThe Bush Fire Advisory Committee may make recommendations to the local government on all\nmotions received by the Bush Fire Advisory Committee from bush fire brigades.\nPART 5—EQUIPMENT OF BUSH FIRE BRIGADES\n5.1 Policies and bush fire operating procedures of local government\nThe local government may make policies and bush fire operating procedures under which it—\n(a) provides funding to bush fire brigades for the purchase of protective clothing, equipment and\nappliances; and\n(b) keeps bush fire brigades informed of opportunities for funding from other bodies.\nPART 6—FUNDING OF BUSH FIRE BRIGADES\n6.1 Funding under the Local Government Grant Scheme or equivalent\n(a) Requests by the local government for funding under the Local Government Grant Scheme or its\nequivalent shall be in accordance with the Local Government Grant Scheme Manual and the Bush\nFire Operating Procedures.\n(b) Expenditure of funds under the Local Government Grant Scheme or its equivalent shall be\nmanaged by the local government in accordance with the Local Government Grant Scheme Manual\nand the Bush Fire Operating Procedures.\n6.2 Funding from local government budget\n(a) Where an item is not eligible or is not otherwise able to be funded through the Local Government\nGrant Scheme or its equivalent a bush fire brigade may submit a request to the local government for\nfunding from the local government budget.\n(b) A request for funding under clause (a) must be received in writing no later than 31 March for\nconsideration in the forthcoming local government budget for the following financial year.\n(c) The local government may approve or refuse an application for funding made under clause (a)\ndepending upon the assessment of budget priorities for the year in question.\n6.3 Management and expenditure of bush fire brigade\nThe management and expenditure of bush fire brigade funds shall be in accordance with the Rules\nand the Bush Fire Operating Procedures.\n————\nSCHEDULE 1\nRULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES\n","sortOrder":23},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1. Interpretation\nIn these Rules, unless the context otherwise requires—\nabsolute majority means more than half of the total votes of those eligible to vote (including\nthose absent and those present but not voting);\nactive member is defined under the requirements of clause 4.12 of the Rules;\nAGM means Annual General Meeting;\nBFAC means the Shire of Plantagenet Bush Fire Advisory Committee;\nbrigade means a Volunteer Bush Fire Brigade including any Incident Support Brigade currently\nregistered with the local government;\nCBFCO means the Chief Bush Fire Control Officer appointed by the local government according\nto the Act;\ncommittee consists of Office Bearers of the brigade as provided for under clause 6 of the Rules;\nExecutive Committee (if appointed) consists of Office Bearers of the Brigade as provided for\nunder clause 6 of the Rules;\nDFES means the Department of Fire and Emergency Services;\nFCO means a Fire Control Officer;\nfinancial year means the period commencing on 1 July each year and ending on 30 June in the\nfollowing year;\nfire fighter means a male or female member of a Brigade with the competency and currency to\ncarry out operational fire fighting duties and be a minimum of sixteen (16) years of age. The\nmember will be entitled to one (1) vote at their Brigade meetings;\n\n","sortOrder":24},{"sectionNumber":"1004","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1004 GOVERNMENT GAZETTE, WA 22 April 2020\nfire season means the period of the Restrictive and Prohibited burning periods or as extended or\nshortened by the CBFCO and endorsed by the local government;\nlocal laws means the Shire of Plantagenet Bush Fire Brigades Local Law 2020;\nmanagement support means a male or female member of the Incident Support Brigade with the\ncompetency and currency to carry out operational support duties and be a minimum of\nsixteen (16) years of age;\nnon-fire season means the period not already defined as the fire season for that year;\nnormal brigade activities as defined in section 35A of the Act;\noffice bearers means those appointed in accordance with clause 3 of the Rules;\nproxy vote means the written authority given to a member present to cast a vote for another\nmember who is absent from the meeting.\nPart 2—Objectives and Values\n2.1 Objectives\n(1) The Brigade shall undertake the following objectives—\n(a) provide timely, efficient and effective emergency services;\n(b) minimise the impact of emergencies on the community;\n(c) work with the community to increase bush fire awareness and fire prevention;\n(d) ensure that active Members‘ training requirements are maintained and documented to meet\nDFES standards;\n(e) ensure all operational equipment is serviceable and available for normal brigade activities;\n(f) provide an environment where every individual is treated with respect, and which is free\nfrom discrimination or harassment; and\n(g) service the needs of the community and work cohesively with other agencies.\n(2) Members are to adopt the Brigade values at all times when representing the Brigade.\n(3) The Brigade values include—\n(a) Put the community first;\n(b) Act with integrity and honesty;\n(c) Work together as a committed team;\n(d) Strive to keep ourselves and others safe;\n(e) Respect and value the contribution of others;\n(f) Have open and honest two way communication; and\n(g) Continuously develop our skills to improve our service to the community.\nPart 3—Duties and Responsibilities of Brigade Office Bearers\n3.1 General\n(1) The Office Bearers of the brigade should be able to demonstrate current competencies for the\nposition of office they are nominated for, or give an undertaking to complete any training\nrequirements prior to accepting the nomination or undertaking the duties and responsibilities of the\nsaid position.\n(2) Nominations are subject to the approval of the CBFCO. Such approval may be conditional on the\nnominee undertaking further training or other necessary arrangements to satisfy the competency\nrequirements.\n(3) An Office Bearer is entitled to hold a maximum of one (1) additional administrative position\nwithin the brigade, however, the Captain cannot also be a Lieutenant and vice versa.\n3.2 Captain\n(1) The Captain of the brigade shall be responsible for the leadership and management of brigade\noperations.\n(2) As a role model and mentor for members, the Captain should always act with integrity and\nconsider each member equally. All decisions should be in the interest of the Brigade and its members.\n(3) The position reports to the CBFCO on brigade related matters.\n(4) Duties and responsibilities of the Captain include—\n(a) Demonstrate positive leadership and mentor members;\n(b) If the Captain is the senior officer at an incident—\n(i) command, control and confidently manage activities at emergency incidents;\n(ii) ensure incident control systems and management principles are implemented and\nmaintained during all emergency incidents if required;\n(iii) maintain some form of personal incident diary with a record of events and decisions\nthat occur at an incident;\n(iv) conduct Brigade briefings and post incident analysis of any incident involving fire\nfighting, incident support or management issues;\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1005\n(v) endeavour to ensure members deployed for operational duties have the competencies to\ncomplete the task or duty assigned and hold currency in training to carry out the\nfunctions required, in accordance with training recommendations;\n(vi) undertake responsibility for the proper management and maintenance of Brigade\nproperty and equipment to the best of their ability; and\n(vii) report any injuries of personnel or damage to fire fighting vehicles or equipment\nimmediately to the CBFCO.\n(5) In the absence of the Captain, the next senior officer of the brigade has authority to exercise the\npowers of the Act delegated to the Captain (Part IV Section 44(1)).\n(6) Qualifications—\nFire fighting and or support experience Minimum 3 years Competent\nStructural Fire fighting theory and/or practical Competent\nAIIMS Awareness Competent\n3.3 Fire Control Officer\n(1) A FCO is a delegated representative of the local government responsible for the administration of\nprovisions within the Act. The position is required to perform active operational duties in relation to\nboth fire defence and fire prevention strategies within the local community.\n(2) A member of the Brigade may be nominated for this position at the Brigade AGM.\n(3) Fire Control Officers are nominated by the brigade to the Bush Fire Advisory Committee. The\nnomination is considered by BFAC and the CBFCO and if appropriate it is forwarded to the local\ngovernment for its consideration and ratification.\n(4) Duties and responsibilities of the FCO include—\n(a) authorise permits for hazard reduction burns within the local government in accordance with\nthe Act;\n(b) identify and conduct risk assessments of fire hazards within the local government;\n(c) perform duties prescribed by the Act and authorised by the local government;\n(d) may take overall control of fire suppression activities or operational incidents where the local\ngovernment is the Controlling Agency;\n(e) maintain a personal incident diary to include a record of events and decisions during an\nincident;\n(f) conduct brigade briefings and post incident analysis of any incident involving fire fighting or\nmanagement issues.\n(5) Qualifications—\nFire fighting and or support experience Minimum 4 years Competent\nStructural Fire fighting Competent\nAIIMS Awareness Competent\nFire Control Officer Competent\n3.4 Lieutenant\n(1) The Lieutenant of a brigade is responsible for the operational management of members during\nbrigade activities. The position is required to provide operational support to the Captain in managing\nthe brigade. The position reports to the Captain on all matters relevant to the functioning of the\nBrigade and/or personnel they are supervising.\n(2) The Brigade should appoint a minimum of two (2) Lieutenants. Additional Lieutenants may be\nappointed according to the needs of the Brigade. If operational circumstances require the number of\nLieutenants for a brigade to be more than four (4), as decided by the Committee, a request is to be\nsubmitted in writing to the CBFCO for endorsement.\n(3) The brigade must rank all Lieutenants numerically according to seniority including length of\nservice and relevant skills.\n(4) Duties and Responsibilities of a Lieutenant include—\n(a) provide support to the Captain and assist with the operational management of the brigade;\n(b) in the absence of the Captain administer all powers and responsibilities of the Act (Part IV\nSection 44(1));\n(c) command and manage members during normal brigade activities and other brigade related\nincidents and activities;\n\n","sortOrder":25},{"sectionNumber":"1006","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1006 GOVERNMENT GAZETTE, WA 22 April 2020\n(d) maintain a personal incident diary with a record of events that occur during all incidents if\nassuming the role of the most Senior Officer;\n(e) in the absence of a more Senior Officer, conduct brigade briefings and post incident analysis\nof any incident involving fire fighting or management issues;\n(f) encourage positive interaction and teamwork between members;\n(g) ensure DFES standing operating procedures are adhered to at brigade activities;\n(h) endeavour to ensure active members engaged in brigade activities are allocated tasks\nrelevant to their competencies;\n(i) work cohesively with the Brigade Training Officer to conduct training activities for active\nmembers; and\n(j) ensure the behaviour of members is in accordance with the Code of Conduct Policy.\n(5) Qualifications—\nFire fighting and or support experience Minimum 3 years Competent\nStructural Fire fighting theory and/or practical Competent\n3.5 President\n(1) The President presides over all brigade meetings. The position is not required to perform active\noperational duties and may be inclusive to an additional position held within the brigade.\n(2) The position reports to the Captain on administrative matters pertinent to the brigade. In the\nabsence of the President, the Captain or next most Senior Officer may preside over a meeting.\n(3) The President shall perform the following functions—\n(a) preside over all brigade meetings;\n(b) ensure meeting procedure and protocol is maintained;\n(c) promote the aims and objectives of the brigade where possible;\n(d) advise the brigade on administrative matters;\n(e) report brigade matters to the Captain;\n(f) promote open fair discussion during debate in relation to brigade matters; and\n(g) ensure minutes of meetings are signed and dated by the President.\n(4) Qualifications must include—\n(a) Understanding of meeting procedures; and\n(b) Demonstrated ability to conduct and manage meetings.\n3.6 Secretary\n(1) The Secretary is to record and manage administrational matters of the brigade. The position is not\nrequired to perform active operational duties and may be inclusive to an additional position held\nwithin the brigade.\n(2) The position reports to the President on administration matters relevant to the brigade. This\nposition may be held in conjunction with the Treasurer position.\n(3) The Secretary shall perform the following functions—\n(a) Ensure members receive notification of brigade meetings in accordance with Part 5—\nMeetings of the brigades;\n(b) Where deemed appropriate, prepare an agenda for brigade meetings and distribute to\nmembers prior to meetings;\n(c) Ensure minutes of brigade meetings are recorded and where ever possible, distributed to all\nmembers prior to next meeting;\n(d) Document and record all brigade correspondence;\n(e) Ensure brigade information is disseminated to all listed members;\n(f) Make available circulars and other information to members; and\n(g) Work cohesively with local government management and administration staff on matters\nrelevant to brigade administration.\n(4) Qualifications must include—\n(a) Demonstrated ability to take minutes;\n(b) Demonstrated record keeping and filing skills;\n(c) An understanding of meeting procedures; and\n(d) Developing computer skills.\n3.7 Treasurer\n(1) The role of the Treasurer is to manage and report on all financial matters relevant to the brigade.\nThe position is not required to perform active operational duties and may be inclusive to an\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1007\noperational position held within the brigade. The position reports to the President on financial\nmatters relevant to the brigade. This position may be held in conjunction with the Secretary position.\n(2) The Treasurer shall perform the following functions—\n(a) Manage financial affairs including budgets of the brigade;\n(b) Maintain brigade financial records and provide detailed reports of income and expenditure at\nmeetings; and\n(c) Work cohesively with the local government management and administration staff on matters\npertinent to brigade financial matters, including providing copies of financial statements if\nrequired.\n(3) Qualifications must include—\n(a) Knowledge and understanding of accounting principles; and\n(b) Developing computer skills.\n3.8 Brigade Training Officer\n(1) The Brigade Training Officer is responsible for the management and co-ordination of brigade\ntraining in conjunction with the Local Government Training Coordinator, including the\ndocumentation of these activities. The position is not required to perform active operational duties\nand may be inclusive to an operational position held within the brigade.\n(2) Duties and Responsibilities of the Brigade Training Officer may include—\n(a) Endeavour to ensure brigade members maintain necessary skill levels equivalent to the\ncompetency standards required by the local government and as recommended by DFES;\n(b) Endeavour to ensure regular training sessions are conducted within the brigade to maintain\ncurrency of qualifications and skills;\n(c) Maintain accurate records of training undertaken by members and ensure that qualification\nand training updates are forwarded to the Local Government Training Coordinator as\nrequired;\n(d) Provide mentoring for members who express an interest in training to encourage future\nfacilitators; and\n(e) Represent the brigade at Plantagenet Fire Services training committee meetings.\n3.9 Assistant Training Officer (Optional)\n(1) The brigade may nominate an Assistant Training Officer to provide support to the substantive\nposition. In the absence of the Brigade Training Officer the Assistant Training Officer assumes the\nresponsibilities of that position and shall have a Proxy Vote at the training committee meetings.\n(2) Duties and Responsibilities of the Assistant Training Officer are the same as those for the Brigade\nTraining Officer.\n3.10 Brigade Equipment Officer\n(1) The role of the Brigade Equipment Officer is to manage brigade property, fleet vehicles, general\nequipment and stock levels of personal protective equipment. The position is not required to perform\nactive operational duties but may be able to demonstrate a degree of knowledge of brigade equipment.\nThe position may be inclusive to an operational position held within the brigade.\n(2) The equipment officer shall perform the following functions—\n(a) Manage brigade equipment and maintain a register of all assets;\n(b) Coordinate and record maintenance of brigade equipment;\n(c) Report all damage of brigade equipment or property to the Captain immediately;\n(d) Manage brigade requests for replacement items and equipment; and\n(e) Compile documentation of replacement items and submit to the CBFCO.\n3.11 Assistant Equipment Officer (Optional)\n(1) The brigade may nominate an Assistant Equipment Officer to provide support to the substantive\nposition. In the absence of the Brigade Equipment Officer the Assistant Equipment Officer assumes\nthe responsibilities of that position and shall have a Proxy Vote at equipment committee meetings.\n(2) Duties and Responsibilities of the Assistant Equipment Officer are the same as those for the\nBrigade Equipment Officer.\nPart 4—Membership\n4.1 Types of membership of bush fire brigade\nThe membership of a bush fire brigade consists of the following—\n(a) fire fighting members;\n(b) auxiliary members;\n(c) cadet members; and\n(d) honorary life members.\n4.2 Fire fighting members\n(1) Fire fighting members are those persons being at least 16 years of age who undertake all normal\nbrigade activities.\n\n","sortOrder":26},{"sectionNumber":"1008","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1008 GOVERNMENT GAZETTE, WA 22 April 2020\n(2) Notwithstanding subclause (1), a fire fighting member between the age of 16 and 18 must not\nattend a fire or other normal brigade activities incident unless the member has the consent of their\nparent or guardian and is accompanied by an appropriately trained fire fighting member over the age\nof 18.\n4.3 Auxiliary members\nAuxiliary members are those persons who are willing to supply free vehicular transport for fire\nfighting members or fire fighting equipment, or who are prepared to render other assistance required\nby the bush fire brigade.\n4.4 Cadet members\nCadet members are—\n(a) to be aged 11 but not yet 16 years;\n(b) to be admitted to membership only with the consent of their parent or guardian;\n(c) admitted for the purpose of training and are not to attend or be in attendance at an\nuncontrolled fire or other emergency incident;\n(d) to be supervised by a fire fighting member when undertaking normal brigade activities as\ndefined by paragraphs (c), (d), (e), (f) and (g) of section 35A of the Act;\n(e) ineligible to vote at bush fire brigade meetings; and\n(f) not to be assigned ranks under the Department‘s rank structure.\n4.5 Honorary life members\n(1) The bush fire brigade may by a simple majority resolution appoint a person as an honorary life\nmember in recognition of services by that person to the bush fire brigade.\n(2) No membership fees are to be payable by an honorary life member.\n4.6 New Membership Application\n(1) A new member is to complete a DFES volunteer nomination form and accept the conditions for\nmembership.\n(2) A minimum of two (2) Committee members, including the Captain, should decide whether to\nrecommend the application to the CBFCO.\n(3) The CBFCO must endorse the application.\n4.7 Dual Membership\n(1) A member may be a member of another local government brigade.\n(2) A member may not be a member of another brigade within the local government unless they have\nthe written permission of the CBFCO. This permission may be conditional.\n4.8 Conditions of Membership\n(1) The conditions of membership shall refer to—\n(a) Fire Fighters;\n(b) Management Support;\n(c) Auxiliary Members; and\n(d) Cadets.\n(2) A new member is required to complete the necessary Fire Fighter Training Courses as required by\nthe local government prior to commencing active and unsupervised Fire Fighter duties.\n(3) Competency in these Training Courses shall be the minimum acceptable standard required for a\nFire Fighter to perform active and unsupervised fire fighting duties. Currently this includes\nInduction, Introduction to Fire Fighting and Bush Fire Fighting training Courses—\n(a) Members must comply with the legislative requirements of the—\n(i) Bush Fires Act 1954 (WA);\n(ii) Fire and Emergency Services Act 1998 (WA); and\n(iii) Equal Opportunity Act 1984 (WA).\n(b) Members must act within the—\n(i) Local guidelines and policies of individual brigade;\n(ii) Brigade‘s local policies;\n(iii) Competency and commitment requirements for an active volunteer Fire Fighter or\nOperation and Management Support roles as required by the CBFCO; and\n(iv) State Hazard Plan—Fire (Interim).\n(c) Members must maintain currency of the appropriate licences to be able to operate brigade\nvehicles. Any traffic offence that results in a suspension or loss of licence must be reported to\nthe CBFCO and the member must comply with the terms of their suspension.\n4.9 Decision on Application for Membership\n(1) At the meeting of the Committee, the brigade Office Bearers may—\n(a) Accept the application;\n(b) Defer the application for further consideration; or\n(c) Refer the application to the CBFCO for consideration.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1009\n(2) The President must contact the applicant in writing within fourteen (14) days of a final decision by\nthe brigade or the CBFCO.\n(3) The applicant has the right to appeal the decision of the Committee. The appeal should be in\nwriting addressed to the CBFCO.\n4.10 Notification of Membership\nNo later than 31 May in each year, the bush fire brigade is to report to the Chief Bush Fire Control\nOfficer the name, contact details and type of membership of each brigade member.\n4.11 Induction\nAll new members shall be—\n(a) introduced to brigade members and shown all brigade facilities during induction;\n(b) instructed about any safety requirements;\n(c) made aware of brigade duties and responsibilities;\n(d) provided with a mentor/s until such time as they are familiar with Normal Brigade Activities;\nand\n(e) made aware of local brigade guidelines and policies if any exist within that brigade.\n4.12 Membership Requirements (Brigade Commitments)\n(1) Members are required to maintain currency in brigade activities and training to be deemed as an\nActive Member and or be granted special considerations due to extenuating circumstances.\n(2) Brigade Activities—\n(a) During the Fire Season members are required to attend a minimum of one (1) brigade\nordinary meeting or other brigade activity or incident.\n(b) During the Non-Fire Season members are required to attend a minimum of one (1) brigade\nordinary meeting or other brigade activity or incident.\n(3) Brigade Training—\n(a) During the Fire Season members are required to attend and participate at a minimum of\none (1) brigade training activity or incident.\n(b) During the Non-Fire Season members are required to attend and participate at a minimum of\none (1) brigade training activity or incident.\n(4) If extenuating circumstances apply that a member is unable to meet brigade commitments, it shall\nbe the responsibility of the member to notify the Committee, in writing to advise of the circumstance,\nand the Committee will acknowledge in writing any special considerations to the member.\n(5) The Training Officer should endeavour to make alternative arrangements for the member to meet\nthe requirements wherever possible.\n4.13 Failure to Comply with Commitments\n(1) Should an active member of a brigade fail to comply with clause 4.12 of the Rules, correspondence\nwill be forwarded to the member requesting contact be made with the brigade to indicate the\nintentions of the member‘s status.\n(2) The Brigade Member may—\n(a) respond to the correspondence providing a reasonable explanation and request for alternative\narrangements to be made for training or meeting obligations;\n(b) request in writing for Leave of Absence from brigade commitments due to personal\ncircumstances; or\n(c) terminate their membership.\n(3) If a member fails to respond to the correspondence within fourteen (14) days a subsequent letter\nwill be forwarded from the Committee putting the member on final notice. Should a member fail to\nacknowledge the final notice within fourteen (14) days, the membership shall be terminated, to take\neffect from the date of the final notice.\n4.14 Change of Members Details\nThe local government and DFES are to be notified of any change of personal details of a member. The\nbrigade will complete a DFES volunteer application form and forward it to the CBFCO within\nfourteen (14) days of the change.\n4.15 Leave of Absence\n(1) A member may at any time request a Leave of Absence from all brigade commitments for a period\nnot to exceed twelve (12) consecutive months.\n(2) The application should be made in writing and addressed to the Captain.\n(3) On completion of the Leave of Absence period the member must complete a Membership Update\nForm if deemed necessary providing any change of details and forward to the Captain and CBFCO.\n(4) On completion of the Leave of Absence period the member must undertake any refresher training\nrequired before resuming active fire fighting duties. If the request for Leave of Absence is for a\nmedical condition the member must provide confirmation of fitness to the satisfaction of the CBFCO\nto be able to resume active duties.\n4.16 Grievance Process/Disciplinary Action\n(1) The brigade is committed to providing an environment in which all persons can expect to be\ntreated equally and with respect.\n\n","sortOrder":27},{"sectionNumber":"1010","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1010 GOVERNMENT GAZETTE, WA 22 April 2020\n(2) All members are to have an understanding of the Shire of Plantagenet Policy and Procedures\nGrievance Staff and Volunteers and any other brigade policies as applicable. These hard copy\ndocuments are to be made available at each fire station or can be obtained from the local government.\n(3) A grievance is any serious allegation, dispute or claim, arising during any training or activity\ninvolving the brigade, in relation to an act committed by a member. Examples that may be considered\na grievance include acts that—\n(a) constitute a breach of the Rules;\n(b) bring the brigade and or the Plantagenet Fire Service into disrepute;\n(c) contravene any reasonable direction given by the Captain or the delegated authority;\n(d) disregard brigade regulations and policies or procedures;\n(e) jeopardise the safety of the member or others; and/or\n(f) result in the member being convicted of, an offence for which an offender may be imprisoned.\n(4) Where a grievance arises, an investigation must be conducted by the Committee (and the CBFCO\nif necessary) in accordance with the Grievance Process.\n(5) During the investigation it may be determined that the member should be suspended from all or\npart of brigade activities, subject to the CBFCO‘s approval. If a member is to be suspended during the\ninvestigation the CBFCO should notify the member in writing of the terms of the suspension,\nincluding the reason for the suspension and the time period. The time period for suspension during an\ninvestigation, should not exceed three (3) consecutive months.\nWhen an investigation is complete a report will be provided by the investigating officer to the CBFCO\noutlining the process of the investigation, the conclusions drawn and any recommended action.\n(6) Disciplinary action in relation to the member may include—\n(a) suspension of membership;\n(b) termination of membership; or\n(c) any other reasonable disciplinary action as determined by the Committee in consultation\nwith the CBFCO.\n(7) If a disciplinary suspension is imposed, the CBFCO must notify the member in writing that they\nare suspended, including the suspension period and reason for suspension. Suspension may be from\ncomplete or specific brigade duties and activities.\n(8) The period of disciplinary suspension shall be determined by the CBFCO in consultation with the\nPresident.\n(9) On completion of the suspension period the member may be required to undertake refresher\ntraining before resuming active fire fighting duties which will be supervised and or acknowledged by\nthe Captain.\n(10) If a membership is to be terminated, the President with the approval of the CBFCO will notify\nthe member in writing, and provide a reason for termination.\n(11) Where a membership is terminated, all property owned by the local government should be\nreturned to the local government within fourteen (14) days of giving notice. Failure to meet these\nconditions may require the local government to seek reimbursement of costs against the member.\n4.17 Termination by the Member\n(1) A member can decide to resign from brigade activities and terminate their membership by\nproviding written notification to the Committee.\n(2) Where a member resigns, all property owned by the local government should be returned to the\nlocal government within fourteen (14) days of giving notice. Failure to meet these conditions may\nrequire the local government to seek reimbursement of costs against the member.\n4.18 Rights of a Volunteer Member\n(1) A member shall not be suspended or dismissed from any brigade duty without an opportunity to\ndefend the allegation.\n(2) Any member may lodge a written objection to the CBFCO should they consider they have been\nunfairly dealt with by the Committee.\n(3) The CBFCO shall consider the objection and deal with it in consultation with the Committee. This\nmay include either—\n(a) dismissing the objection;\n(b) variation to the decision; or\n(c) revoking the original decision; and\n(i) imposing an independent decision; or\n(ii) referring the matter back to the Committee to reconsider the decision.\nPart 5—Meetings of the Brigade\n5.1 Ordinary meetings\n(1) Ordinary meetings may be called at any time by the Secretary by giving notice to all brigade\nmembers and to the Chief Bush Fire Control Officer, for the purpose of—\n(a) organising and checking equipment;\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1011\n(b) requisitioning new or replacement equipment;\n(c) organising field excursions, training sessions, hazard reduction programs, and the\npreparation of fire-breaks;\n(d) establishing new procedures in respect of any of the normal brigade activities; and\n(e) dealing with any general business.\n(2) In a notice given under subclause (1), the Secretary is to specify the business which is to be\nconducted at the meeting.\n(3) Business may be conducted at an ordinary meeting of the bush fire brigade notwithstanding that\nit was not specified in a notice given under subclause (1) in relation to that meeting.\n(4) The brigade shall hold a minimum of one (1) Ordinary Meeting between 1 July and 30 June each\nyear.\n5.2 Annual General Meeting (AGM)\n(1) The brigade shall hold an AGM in the month of May each calendar year.\n(2) A report may be presented to the membership by each Committee Member.\n(3) At this meeting all Committee and Brigade Officer positions will be declared vacant.\n(4) All equipment and documentation relevant to each position is to be made available for auditing at\nthe AGM.\n(5) The CBFCO or proxy will act as returning officer during the election of the new Committee and\nbrigade officer positions.\n(6) The incoming Committee will assume the positions at the close of the AGM.\n(7) Any outgoing Committee Member is to conduct a handover to the new incumbent.\n(8) All minutes of the AGM including financial statements are to be lodged with the CBFCO for\nsubmission to the local government within a period no later than twenty-one (21) days of the AGM.\n5.3 Special Meeting\n(1) The President may at any time convene a special meeting of the brigade.\n(2) The Secretary of the brigade must convene a special meeting when a written request is made by\nnot less than ten (10) or fifty (50) percent (whichever is least) active members of the brigade.\n(3) The names of the members requesting the special meeting are to be recorded in the minutes of the\nmeeting.\n5.4 Notice of a Meeting\n(1) Notice of any special meeting of the brigade, must be given to all members of the brigade eligible\nto vote at least seventy two (72) hours before the commencement of the meeting.\n(2) Notice of the AGM of the brigade must be given to all members of the brigade eligible to vote, as\nwell as the CBFCO, at least thirty (30) days before the commencement of the meeting.\n(3) Notice of any Ordinary Meeting of the brigade must be given to all members of the brigade eligible\nto vote, as well as the CBFCO, at least seven (7) days before the commencement of the meeting.\n(4) Notice of a special meeting or AGM—\n(a) must be given by the Secretary;\n(b) be given by written notice to each member—\n(i) Personally, by post or electronic email; or\n(ii) By a notice published in a newspaper circulating in the area of the brigade;\n(c) must set out the date, time, and venue of the meeting;\n(d) must be signed by the Secretary or, in the case of a special meeting, by the person convening\nthe meeting; and\n(e) must set out an agenda for the meeting.\n5.5 Quorum\nA quorum for all brigade meetings—\n(a) shall consist of not less than six (6) Active Members who are eligible to vote or thirty (30)\npercent of Active members whichever is least. This shall include a minimum of two (2)\nCommittee members.\n(b) No formal business is to be transacted at a meeting of the brigade unless a quorum of\nmembers is present.\n(c) A member is not deemed to be active and cannot be considered as a quorum number, unless\nspecial considerations due to extenuating circumstances as mentioned under clause 4.12 (4) of\nthe Rules or Leave of Absence have been granted.\n5.6 Voting\n(1) Each Active Member shall be entitled to one (1) vote.\n(2) In the event of an equality of votes, the President may exercise the deciding vote.\n(3) Votes may be counted by either—\n(a) secret ballot; or\n(b) show of hands.\n\n","sortOrder":28},{"sectionNumber":"1012","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1012 GOVERNMENT GAZETTE, WA 22 April 2020\n(4) A member is not deemed to be active and is unable to cast a vote at any meeting of the brigade,\nunless all requirements in regards to brigade training and activities as set out under clause 4.12 of\nthe Rules have been satisfied.\n(5) Each Auxiliary Member shall be entitled to one (1) vote at all brigade meetings.\n5.7 Procedure at Meetings\nMeeting procedures and protocols are to be in accordance with the brigade‘s meeting procedures and\nprotocol guidelines.\nPart 6—Committee\n6.1 Meetings\n(1) Each brigade shall have a Committee.\n(2) The Committee shall convene a meeting of all members each calendar month or as required.\n(3) Any functions of the brigade may be delegated to the Committee provided that a motion approving\nof the delegation has been carried at either an Ordinary Meeting or AGM.\n(4) The Committee shall consist of the following Office Bearers—\n(a) President\n(b) Secretary\n(c) Treasurer\n(d) Captain\n(e) Additional members at the decision of the Committee.\n(5) The Committee will be responsible for the management and administration of the brigade.\n(6) The brigade officers are responsible for all operational requirements of the brigade.\n(7) A motion carried by the vote of a majority of those present at a Committee meeting shall be\naccepted as the decision of the Committee.\n(8) Each registered Committee Member present at a meeting of the Committee shall be entitled to\none (1) vote. In the event of an equality of votes the President will be entitled to a second or casting\nvote.\n(9) The Secretary must keep accurate minutes of the meeting.\n(10) Minutes of these meetings shall be made available to members of the brigade.\n(11) All elected positions are for a term of twelve (12) consecutive months.\nPart 7—Brigade Elections\n7.1 Nomination of Candidates for Brigade Elections\n(1) Any person accepting a nomination for a Committee position must be competent and qualified to\nperform the duties and responsibilities of that position.\n(2) The Secretary shall advise the President of the brigade at the general meeting prior to the AGM\nthat nominations are required to be presented at the AGM.\n(3) A person can only be nominated by an Active Member.\n(4) A nomination must be endorsed by a second Active Member filling out a Nomination Form in the\nform of Schedule 2.\n(5) Each member is only entitled to nominate one (1) person per position.\n(6) A nomination may be made—\n(a) in writing to be received by the Committee before the official close of nominations; or\n(b) verbally at a general meeting prior to the AGM.\n(7) Nominees must sign or indicate acceptance of nomination.\n(8) Nominees for operational Brigade Officer positions must meet the minimum requirements for\ntraining as set out under Part 3 of the Rules.\n(9) Nominees for Brigade Officer positions must accept all requirements imposed by the brigade or\nlegislation.\n(10) The Committee will assist and mentor new Brigade Officers in their new roles.\n(11) The CBFCO or a proxy may act in the position as returning officer during the election of office\nbearers at the AGM if requested by the brigade.\n7.2 Conduct of Elections\n(1) Positions should be determined by vote in the ascending order of preference—\nOrder Officer Term\n1 President 1 year\n2 Secretary 1 year\n3 Treasurer 1 year\n4 Brigade Captain 1 year\n5 Lieutenants 1 year\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1013\nOrder Officer Term\n6 Training Officer 1 year\n7 Equipment Officer 1 year\n8 FCO Nominations Only 2 year\n9 Other 1 year\n(2) Any additional positions to the Committee or the Brigade Officers must be authorised by the\nCBFCO prior to the appointment of the position.\n(3) All positions are to be elected in accordance with clause 7.1 of the Rules.\n(4) The BFAC will consider all nominations for the position of the Fire Control Officers based on the\ndelegates nominated by the brigades and refer those nominations to the local government for\napproval.\n7.3 Supplementary Elections\nWhere a supplementary election must be held due to a vacancy in a position as a result of an early\nresignation or other reason, the Committee, by majority vote, will appoint a temporary office to an\nagreeable consenting Active Member for the remaining term of the vacant position.\nPart 8—General Accounting Matters\n8.1 Accounts at Financial Institutions\n(1) The brigade must disclose where brigade account(s) are to be held for the ensuing Financial Year\nat each AGM and record this information within the minutes of the AGM.\n(2) The brigade must have three (3) Committee Members to act as signatories for the brigade accounts\neach Financial Year.\n(3) A minimum of two (2) signatures is required on any brigade account cheque or bank transaction\nform.\n(4) All brigade purchases are to be approved by the Committee.\n(5) All accounts raised, works undertaken or goods to be purchased by the brigade must be authorised\nin advance by the President or, if the President is not available, then the next senior committee\nperson.\n(6) All accounts raised, works undertaken or goods to be purchased need to be ratified by the brigade\nat the next Ordinary Meeting.\n(7) All funds raised by the brigade are to be used for the purpose of improving the profile and\noperation of the brigade and its members.\n(8) All cheques issued must be accompanied by the appropriate documentation (invoice or monthly\naccount).\n(9) All money received by the brigade or by a member on behalf of the brigade must be recorded in the\nbrigade financial records.\n8.2 Financial Reports\n(1) The brigade must, at each AGM, present an independently audited financial report for the\nprevious 12-month period or since the last AGM.\n(2) The financial report must include—\n(a) a Statement of Receipts and Payments;\n(b) a Bank Reconciliation Statement;\n(c) notes detailing any outstanding receipts or payments; and\n(d) a Balance Sheet and Inventory of Assets held by the brigade.\n(3) The brigade, in conjunction with the local government will appoint an auditor not being a brigade\nmember for the ensuing financial year.\n(4) If an auditor resigns during the financial year, the brigade in conjunction with the local\ngovernment must appoint a replacement at its next Ordinary Meeting.\n(5) The Treasurer must present the auditor‘s report to the AGM.\n(6) The audited report will be forwarded to the CBFCO for the information of the local government.\n————\nSCHEDULE 2\nNOMINATION FORM\n(Clause 7.1(4) of Schedule 1)\nShire of Plantagenet ..................................................................................... Volunteer Bush Fire Brigade\n(Name of Brigade)\nI .............................................................................................................................. as an active member of\n.........................................................Volunteer Bush Fire Brigade hereby nominate for the position of—\nCaptain Lieutenant\nFire Control Officer President\n\n","sortOrder":29},{"sectionNumber":"1014","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1014 GOVERNMENT GAZETTE, WA 22 April 2020\nSecretary Treasurer\nTraining Officer Equipment/Comms Officer\nFirst Aid Officer Station/Callout Attendant\n(If nominating for more than one position, separate forms are required)\nI ................................................................................................................................ as an active member of\n........................................................ Volunteer Bush Fire Brigade hereby endorse the above nomination.\nFull name of Nominee: ...................................................................................................................................\nAddress: ..........................................................................................................................................................\nContact Details—\nHome: ..............................................................\nMobile: .............................................................\nE-mail: .............................................................\nDFES Identification Number: .........................\nI certify that I have read and understand the duties and responsibilities for the position I have been\nnominated as specified under the Volunteer Bush Fire Brigade Rules and that I have currency in all\nthe competencies required. I understand that if I do not have currency in all the competencies\nrequired I can still be nominated subject to the approval of the CBFCO. Such approval may be\nconditional on further training or other arrangements as deemed necessary.\n....................................................................................... ....................................................\nReceived by Secretary/Returning Officer—\n....................................................................................... ....................................................\nReceived by Secretary/Returning Officer—\n....................................................................................... ....................................................\n————\nThe Common Seal of the Shire of Plantagenet was affixed on by authority of a resolution of the\nCouncil in the presence of—\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1015\n1.3 Definitions\n1.5 Transition\n1.6 Repeal\nPART 2—LICENSING REQUIREMENTS FOR AN EXTRACTIVE INDUSTRY\n2.1 Extractive industries prohibited without licence\n2.2 Applicant to advertise proposal\n2.3 Application for licence\nPART 3—DETERMINATION OF APPLICATION\n3.1 Determination of application\n3.2 Payment of annual licence fee\nPART 4—TRANSFER, CANCELLATION AND RENEWAL OF LICENCE\n4.1 Transfer of licence\n4.2 Cancellation of licence\n4.3 Renewal of licence\n4.4 Notice of outcome\nPART 5—SECURED SUM AND APPLICATION THEREOF\n5.1 Security for restoration and reinstatement\n5.2 Use by local government of secured sum\nPART 6—LIMITATIONS, OBLIGATIONS OF THE LICENSEE AND PROHIBITIONS\n6.1 Limits on excavation near boundary\n6.2 Obligations of the licensee\n6.3 Prohibitions\n6.4 Blasting\nPART 7—MISCELLANEOUS PROVISIONS\n7.1 Public liability\n7.2 Mines Safety and Inspection Act and Environment Protection Act\n7.3 Notice of cessation of operations\n7.4 Works to be carried out on cessation of operations\nPART 8—OBJECTIONS AND APPEALS\n8.1 Objection and review rights\nPART 9—OFFENCES, PENALTIES AND FORMS\n9.1 Offences\n9.2 General penalty\n9.3 Modified penalty\n9.4 Forms\nSCHEDULE 1—PRESCRIBED OFFENCES\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1017\nUnder the powers conferred by the Local Government Act 1995 and by all other powers, the local\ngovernment of the Shire of Plantagenet resolved on 28 January 2020 to make the following local law.\nThis local law maybe cited as the Shire of Plantagenet Extractive Industries Local Law 2020.\n1.3 Definitions\nIn this local law, unless the context otherwise requires—\nAct means the Local Government Act 1995;\nAS means an Australian Standard published by Standards Australia and available for viewing\nfree of charge at the Shire of Plantagenet Administration offices;\nCarry on an extractive industry means quarrying and excavating for stone, gravel, sand, and\nother material;\nCEO means the Chief Executive Officer of the local government;\nexcavation includes quarry;\nland unless the context otherwise requires, means the land on which the applicant proposes\ncarrying on the extractive industry to which the licence application relates;\nlicence means a licence issued under this local law;\nlicensee means the person named in the licence as the licensee;\noccupier has the meaning given to it in the Act;\nowner has the meaning given to it in the Act;\nperson does not include the local government;\nplanning approval means an approval for a development and/or a land use that is issued under\na local planning scheme administered by the local government;\nsecured sum means the sum required to be paid or the amount of a bond, guarantee or other\nsecurity under clause 5.1;\nSchedule means a schedule to this local law; and\nsite means the land specified by the local government in a licence.\n(1) The provisions of this local law—\n(a) Subject to paragraphs (b), (c), (d) and (e)—\n(i) apply and have force and effect throughout the whole of the district; and\n(ii) apply to every excavation whether commenced prior to or following the coming into\noperation of this local law;\n(b) do not apply to the extraction of minerals under the Mining Act 1978;\n(c) do not apply to the carrying on of an extractive industry on Crown land;\n(d) do not apply to the carrying on of an extractive industry on land by the owner or occupier of\nthat land for use on that land; and\n\n","sortOrder":30},{"sectionNumber":"1018","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1018 GOVERNMENT GAZETTE, WA 22 April 2020\n(e) do not affect the validity of any licence issued under the local law repealed by clause 1.6 of\nthis local law if that licence is currently in force at the date of gazettal of this local law.\n(2) In subclause (1)(d), land includes adjoining lots or locations in the same occupation or ownership of\nthe owner or occupier referred to in subclause (1)(d).\n1.5 Transitional provisions\n(1) Within 90 days of commencement of this local law or within 90 days of the date of the annual\nlicence fee of a previous licence becoming due and payable (under clause 3.2), the local government\nmay in respect of the licence—\n(a) vary or delete a condition; or\n(b) impose one or more other conditions, as specified in clause 3.1(5).\n(2) A condition that is varied, deleted or imposed under subclause (1) does not become effective until\n90 days (or longer period that is specified by the local government) after written notice of the\ncondition is given by the local government to the licensee.\n1.6 Repeal\nThis local law repeals the Shire of Plantagenet Extractive Industries Local Law 2008 as published in\nthe Government Gazette on 11 April 2008.\nPART 2—LICENSING REQUIREMENTS FOR AN EXTRACTIVE INDUSTRY\n2.1 Extractive industries prohibited without licence\nA person must not carry on an extractive industry—\n(a) unless the person is the holder of a valid and current licence; and\n(b) otherwise than in accordance with any terms and conditions set out in, or applying in respect\nof, the licence.\n2.2 Applicant to advertise proposal\n(1) Unless the local government first approves otherwise, a person seeking the issue of a licence shall,\nbefore applying to the local government for a licence—\n(a) forward by registered mail a notice in the form determined by the local government from time\nto time to—\n(i) the owners and occupiers of all land adjoining the land upon which it is proposed to\nexcavate, or within an area determined by the local government as likely to be affected\nby the granting of a licence, advising of the application and specifying that they may,\nwithin 21 days from the date of service of the letter, object to or make representations\nin writing in respect of the issue of a licence by the local government;\n(ii) every authority or person having control or jurisdiction over any of the things referred\nto in clause 2.3(1)(a)(vii) and (viii) within 500 metres from the boundaries of the land,\nor within an area determined by the local government as likely to be affected by the\ngranting of a licence; and\n(b) as soon as practicable after complying with the requirements of paragraph (a)—\n(i) forward a copy of the notice to the CEO; and\n(ii) publish the notice in a newspaper circulating in the area in which the proposed\nexcavation is located.\n(2) The local government may, within 14 days after receiving a copy of a notice referred to in\nsubclause (1), cause to be displayed, or require the proposed applicant to display, in a prominent\nposition on the land one or more notices—\n(a) in the form determined by the local government from time to time;\n(b) the content, size and construction of which have been approved by the CEO;\n(c) specifying particulars of the proposed excavation; and\n(d) inviting objections or comments within 21 days from the placement of the notice.\n2.3 Application for licence\n(1) Subject to subclause (3), a person seeking the issue of a licence in respect of any land shall apply in\nthe form determined by the local government from time to time and must forward the application\nduly completed and signed by each of the applicant, the owner of the land and any occupier of the\nland to the CEO together with—\n(a) Three (3) copies of a plan of the excavation site to a scale of between 1:500 and 1:2000\nshowing—\n(i) the existing and proposed land contours based on the Australian Height Datum and\nplotted at 1 metre contour intervals;\n(ii) the land on which the excavation site is to be located;\n(iii) the external surface dimensions of the land;\n(iv) the location and depth of the existing and proposed excavation of the land;\n(v) the location of existing and proposed thoroughfares or other means of vehicle access to\nand egress from the land and to public thoroughfares in the vicinity of the land;\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1019\n(vi) the location of buildings, treatment plant, tanks and other improvements and\ndevelopments existing on, approved for or proposed in respect of the land;\n(vii) the location of existing power lines, telephone cables and any associated poles or\npylons, sewers, pipelines, reserves, bridges, railway lines and registered grants of\neasement or other encumbrances over, on, under or adjacent to or in the vicinity of the\nland;\n(viii) the location of all existing dams, watercourses, drains or sumps on or adjacent to the\nland;\n(ix) the location and description of existing and proposed fences, gates and warning signs\naround the land; and\n(x) the location of the areas proposed to be used for stockpiling excavated material, treated\nmaterial, overburden and soil storage on the land and elsewhere;\n(b) Three (3) copies of a works and excavation programme containing—\n(i) the nature and estimated duration of the proposed excavation for which the licence is\napplied;\n(ii) the stages and the timing of the stages in which it is proposed to carry out the\nexcavation;\n(iii) details of the methods to be employed in the proposed excavation and a description of\nany on-site processing works;\n(iv) details of the depth and extent of the existing and proposed excavation of the site;\n(v) an estimate of the depth of and description of the nature and quantity of the\noverburden to be removed;\n(vi) a description of the methods by which existing vegetation is to be cleared and topsoil\nand overburden removed or stockpiled;\n(vii) a description of the means of access to the excavation site and the types of\nthoroughfares to be constructed;\n(viii) details of the proposed number and size of trucks entering and leaving the site each day\nand the route or routes to be taken by those vehicles;\n(ix) a description of any proposed buildings, water supply, treatment plant, tanks and other\nimprovements;\n(x) details of drainage conditions applicable to the land and methods by which the\nexcavation site is to be kept drained;\n(xi) a description of the measures to be taken to minimise sand drift, dust nuisance,\nerosion, watercourse siltation and dangers to the general public;\n(xii) a description of the measures to be taken to comply with the Environmental Protection\n(Noise) Regulations 1997;\n(xiii) a description of the existing site environment and a report on the anticipated effect that\nthe proposed excavation will have on the environment in the vicinity of the land;\n(xiv) details of the nature of existing vegetation, shrubs and trees and a description of\nmeasures to be taken to minimise the destruction of existing vegetation; and\n(xv) a description of the measures to be taken in screening the excavation site, or otherwise\nminimising adverse visual impacts, from nearby thoroughfares or other areas;\n(c) Three (3) copies of a rehabilitation and decommissioning programme indicating—\n(i) the objectives of the programme, having due regard to the nature of the surrounding\narea and the proposed end-use of the excavation site;\n(ii) whether restoration and reinstatement of the excavation site is to be undertaken\nprogressively or upon completion of excavation operations;\n(iii) how any face is to be made safe and batters sloped;\n(iv) the method by which topsoil is to be replaced and revegetated;\n(v) the numbers and types of trees and shrubs to be planted and other landscaping\nfeatures to be developed;\n(vi) how rehabilitated areas are to be maintained; and\n(vii) the programme for the removal of buildings, plant, waste and final site clean-up;\n(d) evidence that a datum peg has been established on the land related to a point approved by\nthe local government on the surface of a constructed public thoroughfare or such other land in\nthe vicinity;\n(e) certificate from a licensed surveyor certifying the correctness of—\n(i) the plan referred to in paragraph (a); and\n(ii) the datum peg and related point referred to in paragraph (d);\n(f) where the applicant is required to display a notice, evidence that the requirements of\nclause 2.2 (2) have been carried out;\n(g) copies of all land use planning approvals required under any planning legislation;\n(h) copies of any environmental approval required under any environmental legislation;\n(i) copies of any geotechnical information relating to the excavation site;\n\n","sortOrder":31},{"sectionNumber":"1020","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1020 GOVERNMENT GAZETTE, WA 22 April 2020\n(j) the consent in writing to the application from the owner of the excavation site;\n(k) the licence application fee specified by the local government from time to time; and\n(l) any other information that the local government may reasonably require.\n(2) All survey data supplied by an applicant for the purpose of subclause (1) shall comply with\nAustralian Height Datum and Australian Map Grid standards.\n(3) Where in relation to a proposed excavation—\n(a) the surface area is not to exceed 5000 square metres; and\n(b) the extracted material is not to exceed 5000 cubic metres;\nthe local government may exempt a person making application for a licence under subclause (1) from\nsupplying any of the data specified in paragraphs (b), (d), (e) and (i) of subclause (1).\nPART 3—DETERMINATION OF APPLICATION\n3.1 Determination of application\n(1) The local government may refuse to consider an application for a licence that does not comply with\nthe requirements of clause 2.3, and in any event shall refuse an application for a licence where\nplanning approval for an extractive industry use of the land has not first been obtained.\n(2) The local government may, in respect of an application for a licence—\n(b) approve the application—\n(i) over the whole or part of the land in respect of which the application is made; and\n(ii) on such terms and conditions, if any, as it sees fit.\n(3) Where the local government approves an application for a licence, it shall—\n(a) determine the licence period, not exceeding 5 years from the date of issue; and\n(b) approve the issue of a licence in the form determined by the local government from time to\ntime.\n(4) Where the local government approves the issue of a licence, the CEO upon receipt by the local\ngovernment of—\n(a) payment of the annual licence fee, or the relevant proportion of the annual licence fee to\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"June, determined by the local government under and in accordance with sections 6.16 to","content":"30 June, determined by the local government under and in accordance with sections 6.16 to\n6.19 of the Local Government Act 1995;\n(b) payment of the secured sum if any, imposed under clause 5.1;\n(c) the documents, if any, executed to the satisfaction of the CEO, under clause 5.1; and\n(d) a copy of the public liability insurance policy required under clause 7.1(1),\nshall issue the licence to the applicant.\n(5) Without limiting subclause (2), the local government may impose conditions in respect of the\nfollowing matters—\n(a) the orientation of the excavation to reduce visibility from other land;\n(b) the appropriate siting of access thoroughfares, buildings and plant;\n(c) the stockpiling of material;\n(d) the hours during which any excavation work may be carried out;\n(e) the hours during which any processing plant associated with, or located on, the site may be\noperated;\n(f) requiring all crushing and treatment plant to be enclosed within suitable buildings to\nminimise the emission of noise, dust, vapour and general nuisance to the satisfaction of the\nlocal government;\n(g) the depths below which a person shall not excavate;\n(h) distances from adjoining land or thoroughfares within which a person must not excavate;\n(i) the safety of persons employed at or visiting the excavation site;\n(j) the control of dust and wind-blown material;\n(k) the planting, care and maintenance of trees, shrubs and other landscaping features during\nthe time in which the extractive industry is carried out in order to effectively screen the area\nto be excavated and to provide for progressive rehabilitation;\n(l) the prevention of the spread of dieback or other disease;\n(m) the drainage of the excavation site and the disposal of water;\n(n) the restoration and reinstatement of the excavation site, the staging of such works, and the\nminimising of the destruction of vegetation;\n(o) the provision of retaining walls to prevent subsidence of any portion of the excavation or of\nland abutting the excavation;\n(p) requiring the licensee to furnish to the local government a surveyor‘s certificate each year,\nprior to the renewal fee being payable, to certify the quantity of material extracted and that\nmaterial has not been excavated below the final contour levels outlined within the approved\nexcavation programme;\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1021\n(q) requiring the licensee to enter into an agreement with the local government by which it\nagrees to pay any extraordinary expenses incurred by the local government in repairing\ndamage caused to thoroughfares in the district by heavy or extraordinary traffic conducted by\nor on behalf of the licensee under the licence;\n(r) requiring the licensee to enter into an agreement with the local government in respect of any\ncondition or conditions imposed under this local law; and\n(s) any other matter for properly regulating the carrying on of an extractive industry.\n3.2 Payment of annual licence fee\nOn or before 30 June in each year, a licensee shall pay to the local government the annual licence fee\ndetermined by the local government under and in accordance with sections 6.16 to 6.19 of the Act.\nPART 4—TRANSFER, CANCELLATION AND RENEWAL OF LICENCE\n4.1 Transfer of licence\n(1) An application for the transfer of a licence shall—\n(a) be made in writing;\n(b) be signed by the licensee and the proposed transferee of the licence;\n(c) be accompanied by the current licence;\n(d) be accompanied by the consent in writing to the transfer from the owner of the excavation\nsite;\n(e) include any information that the local government may reasonably require; and\n(f) be forwarded to the CEO together with the fee determined by the local government from time\nto time.\n(2) Upon receipt of any application for the transfer of a licence, the local government may—\n(b) approve the application on such terms and conditions, if any, as it sees fit.\n(3) Where the local government approves an application for the transfer of a licence, the local\ngovernment shall transfer the licence by an endorsement on the licence in the form determined by the\nlocal government from time to time, signed by the CEO.\n(4) Where the local government approves the transfer of a licence it shall not be required to refund\nany part of the fees paid by the former licensee in respect of the transferred licence.\n4.2 Cancellation of licence\n(1) The local government may cancel a licence where the licensee has—\n(a) been convicted of an offence against—\n(i) this local law; or\n(ii) any other law relating to carrying on an extractive industry;\n(b) transferred or assigned or attempted to transfer or assign the licence without the consent of\nthe local government;\n(c) permitted another person to carry on an extractive industry otherwise than in accordance\nwith the terms and conditions of the licence and of the provisions of this local law;\n(d) failed to pay the annual licence fee under clause 3.2; or\n(e) failed to have a current public liability insurance policy under clause 7.1 (1) or failed to\nprovide a copy of the policy or evidence of its renewal as the case may be, under clause 7.1 (2).\n(2) Where the local government cancels a licence under this clause—\n(a) the local government shall advise the licensee in writing of the cancellation;\n(b) the cancellation takes effect on and from the day on which the licensee is served with the\ncancellation advice; and\n(c) the local government shall not be required to refund any part of the fees paid by the licensee\nin respect of the cancelled licence.\n4.3 Renewal of licence\n(1) A licensee who wishes to renew a licence must apply in writing to the local government at least 45\ndays before the date of expiry of the licence and shall submit with the application for renewal—\n(a) the fee determined by the local government from time to time;\n(b) a copy of the current licence;\n(c) a plan showing the contours of the excavation carried out to the date of that application;\n(d) details of the works, excavation and rehabilitation stages reached and of any changes or\nproposed changes with respect to any of the things referred to in clauses 2.3 (1) (b) and (c);\nand\n(e) any other things referred to in clauses 2.3 and 3.1.\n(2) The local government may waive any of the requirements specified in clause 4.3 (1) (d) or (e).\n(3) If—\n(a) an application to renew a licence is in relation to land in respect of which the current licence\nwas issued less than 12 months prior to the date from which the new licence if granted would\napply; and\n\n","sortOrder":33},{"sectionNumber":"1022","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1022 GOVERNMENT GAZETTE, WA 22 April 2020\n(b) the methods to be employed in the proposed land excavation are identical to those being\nemployed at the date of the application,\nthen the applicant shall not be obliged, unless otherwise required by the local government to submit\ndetails of any of the things referred to in clauses 2.3 and 3.1.\n(4) Upon receipt of an application for the renewal of a licence, the local government may—\n(b) approve the application on such terms and conditions, if any, as it sees fit.\n4.4 Notice of outcome\nThe local government will provide written notice to an applicant whenever it makes a decision\nregarding the issue, renewal, transfer or cancellation of a licence.\nPART 5—SECURED SUM AND APPLICATION THEREOF\n5.1 Security for restoration and reinstatement\n(1) For the purpose of ensuring that an excavation site is properly restored or reinstated, the local\ngovernment may require that—\n(a) as a condition of a licence; or\n(b) before the issue of a licence, the licensee shall give to the local government a bond, bank\nguarantee or other security, of a kind and in a form acceptable to the local government, in or\nfor a sum determined by the local government from time to time.\n(2) A bond required under subclause (1) is to be paid into a fund established by the local government\nfor the purposes of this clause.\n(3) Subject to clause 5.2, any interest accrued in respect of the bond paid into the fund under\nsubclause (2) is to be returned to the licensee at the completion of the restoration and reinstatement\nworks required by the licence conditions or otherwise under this local law.\n5.2 Use by the local government of secured sum\n(1) If a licensee fails to carry out or complete the restoration and reinstatement works required by the\nlicence conditions either—\n(a) within the time specified in those conditions; or\n(b) where no such time has been specified, within 60 days of the completion of the excavation or\nportion of the excavation specified in the licence conditions,\nthen, subject to the local government giving the licensee 14 days notice of its intention to do so—\n(c) the local government may carry out or cause to be carried out the required restoration and\nreinstatement work or so much of that work as remains undone; and\n(d) the licensee shall pay to the local government on demand all costs incurred by the local\ngovernment or which the local government may be required to pay under this clause.\n(2) The local government may apply the proceeds of any bond, bank guarantee or other security\nprovided by the licensee under clause 5.1 towards its costs under this clause.\n(3) The liability of a licensee to pay the local government‘s costs under this clause is not limited to the\namount, if any, secured under clause 5.1.\nPART 6—LIMITATIONS, OBLIGATIONS OF THE LICENSEE AND PROHIBITIONS\n6.1 Limits on excavations near boundary\nSubject to any licence conditions imposed by the local government, a person shall not, without the\nwritten approval of the local government, excavate within—\n(a) 20 metres of the boundary of any land on which the excavation site is located;\n(b) 20 metres of any land affected by a registered grant of easement;\n(c) 40 metres of any thoroughfare; or\n(d) 40 metres of any watercourse.\n6.2 Obligations of the licensee\nA licensee shall—\n(a) where the local government so requires, securely fence the excavation to a standard\ndetermined by the local government and keep the gateways locked when not actually in use\nin order to prevent unauthorised entry;\n(b) erect and maintain warning signs along each of the boundaries of the area excavated under\nthe licence so that each sign—\n(i) is not more than 200 metres apart;\n(ii) is not less than 1.8 metres high and not less than 1 metre wide; and\n(iii) bears the words ‗DANGER EXCAVATIONS KEEP OUT‘;\n(c) except where the local government approves otherwise, drain and keep drained to the local\ngovernment‘s satisfaction any excavation to which the licence applies so as to prevent the\naccumulation of water;\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1023\n(d) restore and reinstate the excavation site in accordance with the terms and conditions of the\nlicence, the site plans and the works and excavation programme approved by the local\ngovernment;\n(e) take all reasonable steps to prevent the emission of dust, noise, vibration and other forms of\nnuisance from the excavation site; and\n(f) otherwise comply with the conditions imposed by the local government in accordance with\nclause 3.1.\n6.3 Prohibitions\nA licensee shall not—\n(a) remove any trees or shrubs within 40 metres (or such lesser distance as may be allowed, in\nwriting, by the local government) of the boundary of any thoroughfare on land in respect of\nwhich a licence has been granted, except for the purpose of constructing access thoroughfares,\nerecting buildings or installing plant for use in connection with the excavation and then only\nwith the express approval of the local government and subject to any conditions which the\nlocal government may impose in accordance with clause 3.1;\n(b) store, or permit to be stored, any explosives or explosive devices on the site to which the\nlicence applies other than with the approval of the local government and the Department of\nMines, Industry Regulation and Safety; or\n(c) fill or excavate, other than in accordance with the terms and conditions of the licence, the site\nplans and the works and excavation programme approved by the local government.\n6.4 Blasting\n(1) A person shall not carry out or permit to be carried out any blasting in the course of excavating\nunless—\n(a) the local government has otherwise given approval in respect of blasting generally or in the\ncase of each blast;\n(b) subject to subclause (2), the blasting takes place only between the hours of 8.00am and\n5.00pm, or as determined by the local government, on Mondays to Fridays inclusive;\n(c) the blasting is carried out in strict accordance with the AS2187 SAA Explosives Code as\namended from time to time, the Mines Safety and Inspection Act 1994, the Environmental\nProtection Act 1986, and all relevant local laws of the local government; and\n(d) in compliance with any other conditions imposed by the local government concerning—\n(i) the time and duration of blasting;\n(ii) the purposes for which the blasting may be used; and\n(iii) such other matters as the local government may reasonably require in the interests of\nthe safety and protection of members of the public and of property within the district.\n(2) A person shall not carry out or permit to be carried out any blasting on a Saturday, Sunday or\npublic holiday except with the prior approval of the local government.\nPART 7—MISCELLANEOUS PROVISIONS\n7.1 Public liability\n(1) A licensee shall have at all times a current public liability insurance policy taken out in the joint\nnames of the licensee and the local government indemnifying the licensee and the local government\nfor a sum of not less than $20,000,000 in respect of any one claim relating to any of the excavation\noperations.\n(2) The licensee shall provide to the local government a copy of the policy taken out under\nsubclause (1), within 14 days after the issue of that policy and shall provide to the local government\nevidence of renewal within 14 days of each renewal date.\n7.2 Mines Safety and Inspection Act and Environmental Protection Act\n(1) In any case where the Mines Safety and Inspection Act 1994 or the Environmental Protection\nAct 1986 applies to any excavation carried on or proposed to be carried on at a site, the licensee in\nrespect of that site shall provide to the local government within 14 days full particulars of any\ninspection or report made under that Act or those Acts.\n(2) In this clause, the Mines Safety and Inspection Act 1994 and the Environmental Protection\nAct 1986 include all subsidiary legislation made under those Acts.\n7.3 Notice of cessation of operations\n(1) Where a licensee intends to cease carrying on an extractive industry—\n(a) temporarily for a period in excess of 12 months; or\n(b) permanently,\nthe licensee shall, as well as complying with clause 7.4, give the local government written notice of\nthe cessation not later than 1 week after those operations have ceased.\n(2) Where a licensee has given written notice to the local government of the intention to permanently\ncease carrying on an extractive industry on the site to which the licence applies the licence is deemed\nto have expired on the date such cessation is so notified.\n\n","sortOrder":34},{"sectionNumber":"1024","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1024 GOVERNMENT GAZETTE, WA 22 April 2020\n(3) The temporary or permanent cessation of the carrying on of an extractive industry on a site or the\ndeemed expiration or cancellation of a licence does not entitle the licensee to any refund of any licence\nfee.\n7.4 Works to be carried out on cessation of operations\nWhere the carrying on of an extractive industry on the site permanently ceases or on the expiration or\ncancellation of the licence applicable to the site, whichever first occurs, the licensee shall, as well as\ncomplying with the provisions of clause 7.3—\n(a) restore and reinstate the excavated site in accordance with the proposals approved by the\nlocal government or in such other manner as the local government may subsequently agree in\nwriting with the licensee;\n(b) ensure that any face permitted to remain upon the excavation site is left safe with all loose\nmaterials removed and where the excavation site is—\n(i) sand, the sides are sloped to a batter of not more than 1:3 (vertical:horizontal); and\n(ii) limestone or material other than sand, the sides are sloped to a batter which, in the\nopinion of the local government, would enable the site to be left in a stable condition;\n(c) ensure that the agreed floor level of the excavation is graded to an even surface or is\notherwise in accordance with the rehabilitation and decommissioning programme approved\nby the local government;\n(d) ensure that all stockpiles or dumps of stone, sand or other materials are left so that no\nportion of that material can escape onto land not owned or occupied by the licensee nor into\nany stream, watercourse or drain that is not wholly situated within the land owned or\noccupied by the licensee;\n(e) erect retaining walls where necessary to prevent subsidence of land in the vicinity of any\nexcavation;\n(f) remove from the site all buildings, plant and equipment erected, installed or used for or in\nrelation to the carrying on of an extractive industry on the site and fill all holes remaining\nafter such removal to the level of the surrounding ground and compact such filled holes\nsufficiently to prevent settling; and\n(g) break up, scarify, cover with topsoil and plant with grass, trees and shrubs all parts of the\nsite where buildings, plant and equipment were erected or installed and all areas which were\nused for stockpiling unless otherwise specified under this local law.\nPART 8—OBJECTIONS AND REVIEW\n8.1 Objection and review rights\n(1) The provisions of Division 1 of Part 9 of the Act and regulation 33 of the Local Government\n(Functions and General) Regulations 1996 shall apply when the local government makes a decision as\nto whether it will—\n(a) grant a person a licence under this local law; or\n(b) renew, vary, or cancel a licence that a person has under this local law.\n(2) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of\nthe Local Government Act 1995 and any power of entry exercised by the local government under this\nlocal law is subject to Part 3, Division 3 of the Local Government Act 1995.\nPART 9—OFFENCES, PENALTIES AND FORMS\n9.1 Offences\nA person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n9.2 General penalty\nA person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000 and if the offence is of a continuing nature to an additional penalty no exceeding\n$500 for each day or part of the day during which the offence has occurred.\n9.3 Modified penalty\n(1) An offence against a clause specified in the Schedule is a prescribed offence for the purposes of\nsection 9.16 (1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n9.4 Forms\nFor the purposes of this local law—\n(a) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Local Government (Functions and General) Regulations 1996; and\n(b) the form of the notice sent under section 9.20 of the Act withdrawing an infringement notice\nis that of Form 3 in Schedule 1 of the Local Government (Functions and General)\nRegulations 1996.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1025\nSCHEDULE 1\nPRESCRIBED OFFENCES\n(clause 9.3)\nItem Clause Description Modified\nPenalty $\n1 2.1 Carry on extractive industry without licence or in breach of terms\nand conditions\n2 6.1 Excavate near boundary 500\n3 6.2(a) Gateways not kept locked where required 500\n4 6.2(b) Warning signs not erected or maintained as required 500\n5 6.2(c) Excavation not drained as required 500\n6 6.3(a) Remove trees or shrubs near boundary without approval 500\n7 6.3(b) Store without required approval explosives or explosive devices 500\n8 6.3(c) Fill or excavate in breach of licence 500\n9 6.4(1)(a) Blasting without approval of the local government 500\n10 6.4(1)(b) Blasting outside times authorised 500\n11 6.4(1)(d) Blasting in breach of conditions imposed by the local government 500\n12 6.4(2) Blasting without approval on Saturday, Sunday or public holiday 500\n————\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1027\nARRANGEMENT\n1.3 Purpose and intent\n1.5 Repeal\n1.6 Interpretation\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n2.2 Types of committees\n2.3 Delegation of some powers and duties to certain committees\n2.4 Limits on delegation of powers and duties to certain committees\n2.5 Appointment of committee members\n2.6 Tenure of committee membership\n2.7 Resignation of committee members\n2.8 Register of delegations to committees\n2.9 Committees to report\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and special Council meetings\n3.2 Calling Council meetings\n3.3 Convening Council meetings\n3.4 Calling committee meetings\n3.5 Convening committee meetings\n3.6 Public notice of meetings\nPART 4—PRESIDING MEMBER AND QUORUM\nDivision 1—Who presides\n4.1 Who presides\n4.2 When the Deputy President can act\n4.3 Who acts if no President\n4.4 Election of presiding members of committees\n4.5 Election of deputy presiding members of committees\n4.6 Functions of deputy presiding members\n4.7 Who acts if no presiding member\nDivision 2—Quorum\n4.8 Quorum for meetings\n4.9 Reduction of quorum for Council meetings\n4.10 Reduction of quorum for committee meetings\n4.11 Procedure where no quorum to begin a meeting\n4.12 Procedure where quorum not present during a meeting\n4.13 Names to be recorded\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n5.2 Order of business\n\n","sortOrder":35},{"sectionNumber":"1028","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1028 GOVERNMENT GAZETTE, WA 22 April 2020\n5.3 Motions of which previous notice has been given\n5.4 New business of an urgent nature\n5.5 Motions without notice\n5.6 Adoption by exception resolution\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\n6.2 Meetings not open to the public\n6.3 Question time for the public\n6.4 Question time for the public at certain meetings\n6.5 Minimum question time for the public\n6.6 Procedures for question time for the public\n6.7 Other procedures for question time for the public\n6.8 Distinguished visitors\n6.9 Deputations\n6.10 Petitions\n6.11 Presentations\n6.12 Participation at committee meetings\n6.13 Council may meet to hear public submissions\n6.14 Public Inspection of agenda materials\n6.15 Confidentiality of information withheld\n6.16 Recording of proceedings\n6.17 Standard of conduct\n6.18 Right of reply\nPART 7—QUESTIONS BY MEMBERS\n7.1 With due notice\n7.2 Without due notice\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to be in their proper places\n8.2 Respect to the presiding member\n8.3 Titles to be used\n8.4 Advice of entry or departure\n8.5 Members to indicate their intention to speak\n8.6 Priority of speaking\n8.7 Presiding member may take part in debates\n8.8 Relevance\n8.9 Speaking twice\n8.10 Duration of speeches\n8.11 No speaking after conclusion of debate\n8.12 No interruption\n8.13 Personal explanations\n8.14 No reopening of discussion\n8.15 Adverse reflection\n8.16 Withdrawal of offensive language\nPART 9—PRESERVING ORDER\n9.1 Presiding member to preserve order\n9.2 Point of order\n9.3 Procedures on a point of order\n9.4 Calling attention to breach\n9.5 Ruling by the presiding member\n9.6 Continued breach of order\n9.7 Right of presiding member to adjourn\n","sortOrder":36},{"sectionNumber":"Part 10","sectionType":"part","heading":"DEBATE OF MEMBERS","content":"PART 10—DEBATE OF MEMBERS\n10.1 Recommendations in reports\n10.2 Alternative motion\n10.3 Motions to be stated and in writing\n10.4 Motions to be supported\n10.5 Unopposed business\n10.6 Only one substantive motion at a time\n10.7 Order of call in debate\n10.8 Limit of debate\n10.9 Member may require question to be read\n10.10 Consent of seconder required for alteration\n10.11 Order of amendments\n10.12 Form of an amendment\n10.13 Amendment must not negate original motion\n10.14 Relevance of amendments\n10.15 Mover of motion may speak on amendment\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1029\n10.16 Effect of an amendment\n10.17 Withdrawal of motion or amendment\n10.18 Right of reply\n10.19 Foreshadowing alternative motions\n","sortOrder":37},{"sectionNumber":"Part 11","sectionType":"part","heading":"PROCEDURAL MOTION","content":"PART 11—PROCEDURAL MOTION\n11.1 Permissible procedural motions\n11.2 No debate\n11.3 Who may move\n11.4 Procedural motions—right of reply on substantive motion\n11.5 Meeting to proceed to the next business\n11.6 Debate to be adjourned\n11.7 Meeting now adjourn\n11.8 Question to be put\n11.9 Member to be no longer heard\n11.10 Ruling of the presiding member to be disagreed with\n","sortOrder":38},{"sectionNumber":"Part 12","sectionType":"part","heading":"DISCLOSURE OF INTERESTS","content":"PART 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\n","sortOrder":39},{"sectionNumber":"Part 13","sectionType":"part","heading":"VOTING","content":"PART 13—VOTING\n13.1 Question—when put\n13.2 Voting\n13.3 Majorities required for decisions\n13.4 Method of taking vote\n","sortOrder":40},{"sectionNumber":"Part 14","sectionType":"part","heading":"MINUTES OF MEETINGS","content":"PART 14—MINUTES OF MEETINGS\n14.1 Keeping of minutes\n14.2 Content of minutes\n14.3 Public inspection of unconfirmed minutes\n14.4 Confirmation of minutes\n","sortOrder":41},{"sectionNumber":"Part 15","sectionType":"part","heading":"ADJOURNMENT OF MEETING","content":"PART 15—ADJOURNMENT OF MEETING\n15.1 Meeting may be adjourned\n15.2 Effect of adjournment\n","sortOrder":42},{"sectionNumber":"Part 16","sectionType":"part","heading":"REVOKING OR CHANGING DECISIONS","content":"PART 16—REVOKING OR CHANGING DECISIONS\n16.1 Requirements to revoke or change decisions\n16.2 Limitations on powers to revoke or change decisions\n16.3 Implementing a decision\n","sortOrder":43},{"sectionNumber":"Part 17","sectionType":"part","heading":"SUSPENSION OF LOCAL LAW","content":"PART 17—SUSPENSION OF LOCAL LAW\n17.1 Suspension of local law\n17.2 Where local law does not apply\n","sortOrder":44},{"sectionNumber":"Part 18","sectionType":"part","heading":"MEETINGS OF ELECTORS","content":"PART 18—MEETINGS OF ELECTORS\n18.1 Electors‘ general meetings\n18.2 Matters for discussion at electors‘ general meetings\n18.3 Electors‘ special meetings\n18.4 Requests for electors‘ special meetings\n18.5 Convening electors‘ meetings\n18.6 Who presides at electors‘ meetings\n18.7 Procedure for electors‘ meetings\n18.8 Participation of non-electors\n18.9 Voting at electors‘ meetings\n18.10 Minutes of electors‘ meetings\n18.11 Decisions made at electors‘ meetings\n","sortOrder":45},{"sectionNumber":"Part 19","sectionType":"part","heading":"ENFORCEMENT","content":"PART 19—ENFORCEMENT\n19.1 Penalty for breach\n19.2 Who can prosecute\nSCHEDULE 1—PETITION OF ELECTORS OF THE SHIRE OF PLANTAGENET\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1031\nUnder the powers conferred by the Local Government Act 1955 and under all other powers enabling\nit, the Council of the Shire of Plantagenet resolved on 28 January 2020 to make the following local\nlaw.\nThis local law may be cited as the Shire of Plantagenet Standing Orders Local Law 2020.\n1.3 Purpose and intent\n(1) The purpose of the local law is to provide for the conduct of meetings of the Council, Committees\nand electors.\n(2) This local law is intended to result in—\n(a) better decision-making at meetings;\n(b) the orderly and efficient conduct of meetings;\n(c) greater community participation and understanding of the business of the Council; and\n(d) more open and accountable local government.\nAll meetings of the Council, committees and the electors are to be conducted in accordance with the\nAct, the Regulations and this local law.\n1.5 Repeal\nThis local law repeals the Shire of Plantagenet Local Law Relating to Standing Orders as published in\nthe Government Gazette on 11 September 2000 and as amended in the Government Gazette on\n1.6 Interpretation\nIn this local law, unless the contrary intention appears—\nabsolute majority has the meaning given to it in the Act;\nAct means the Local Government Act 1995;\nCEO means the Chief Executive Officer of the Shire;\ncommittee means a committee of the council (established under section 5.8 of the Act);\nCouncil means the Council of the Shire;\nCouncillor has the same meaning as is given to it in the Act;\nDeputy President means the deputy president of the Shire;\nemployee has the same meaning as is given to it in the Act;\nLocal Government means the Shire;\nmeeting means a meeting of the Council or of a committee, or an electors‘ meeting, as the context\nrequires;\nmember has the same meaning as given to it in the Act;\nMinister means the Minister responsible for administering the Act;\nminor amendment in relation to a motion, means an amendment which does not alter the basic\nintent of the motion to which the amendment applies;\n\n","sortOrder":46},{"sectionNumber":"1032","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1032 GOVERNMENT GAZETTE, WA 22 April 2020\nPresident means the president of the Shire;\npresiding person means the person presiding at a meeting;\nRegulations means the Local Government (Administration) Regulations 1996;\nRules of Conduct Regulations means the Local Government (Rules of Conduct)\nRegulations 2007;\nShire means the Shire of Plantagenet;\nsimple majority means more than 50% of the members present and voting;\nsubstantive motion means an original motion, or an original motion as amended, but does not\ninclude an amendment motion or a procedural motion.\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n(1) The establishment of committees is dealt with in the Act.\n(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—\n(a) the terms of reference of the committee;\n(b) the number of Council members, employees and other persons to be appointed to the\ncommittee;\n(c) the names or titles of the Council members and employees to be appointed to the committee;\n(d) the names of other persons to be appointed to the committee or an explanation of the\nprocedure to be followed to determine the appointments; and\n(e) details of the delegation of any powers or duties to the committee under section 5.16 of the\nAct.\n(3) This local law is to apply to the conduct of committee meetings.\n2.2 Types of committees\nThe types of committees are dealt with in the Act.\n2.3 Delegation of some powers and duties to certain committees\nThe delegation of some powers and duties to certain committees is dealt with in the Act.\n2.4 Limits on delegation of powers and duties to certain committees\nThe limits on the delegation of powers and duties to certain committees are dealt with in the Act.\n2.5 Appointment of committee members\nThe appointment of committee members is dealt with in the Act.\n2.6 Tenure of committee membership\nTenure of committee membership is dealt with in the Act.\n2.7 Resignation of committee members\nThe resignation of committee members is dealt with in the Regulations.\n2.8 Register of delegations to committees\nThe register of delegations to committees is dealt with in the Act.\n2.9 Committees to report\nA committee—\n(a) is answerable to the Council; and\n(b) is to report on its activities when, and to the extent, required by the Council.\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and special Council meetings\n(1) Ordinary and special Council meetings are dealt with in the Act.\n(2) An ordinary meeting of the Council, held on a monthly basis or otherwise as determined by the\nCouncil, is for the purpose of considering and dealing with the ordinary business of the Council.\n(3) A special meeting of the Council is held for the purpose of considering and dealing with Council\nbusiness that is urgent, complex in nature, for a particular purpose or confidential.\n3.2 Calling Council meetings\nThe calling of Council meetings is dealt with in the Act.\n3.3 Convening Council meetings\n(1) The convening of a Council meeting is dealt with in the Act.\n(2) Subject to subclause (3), the CEO is to give at least 72 hours‘ notice, for the purposes of section 5.5\nof the Act, in convening a special meeting of the Council.\n(3) Where, in the opinion of the President or at least one-third of the members, there is a need to meet\nurgently, the CEO may give a lesser period of notice of a special Council meeting.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1033\n3.4 Calling committee meetings\nA meeting of a committee is to be held—\n(1) If called for in a verbal or written request to the CEO by the President or the presiding\nmember of the committee, advising the date and purpose of the proposed meeting;\n(2) If called for by at least one-third of the members of the committee in a notice to the CEO,\nsetting out the date and purpose of the proposed meeting; or\n(3) In accordance with a decision of the Council or the committee.\n3.5 Convening committee meetings\n(1) The CEO is to convene a committee meeting by giving each member of the committee notice of the\ndate, time and place of the meeting and an agenda for the meeting.\n(2) Subject to subclause (3), the CEO is to give at least 72 hours‘ notice, for the purposes of\nsubclause (1), in convening a meeting of a committee.\n(3) Where, in the opinion of the President, the presiding member of the committee or at least\none-third of the members of the committee, there is a need to meet urgently, the CEO may give a\nlesser period of notice of a committee meeting.\n3.6 Public notice of meetings\nPublic notice of meetings is dealt with in the Regulations.\nPART 4—PRESIDING MEMBER AND QUORUM\nDivision 1—Who presides\n4.1 Who presides\nWho presides at a Council meeting is dealt with in the Act.\n4.2 When the Deputy President can act\nWhen the Deputy President can act is dealt with in the Act.\n4.3 Who acts if no President\nWho acts if there is no President is dealt with in the Act.\n4.4 Election of presiding members of committees\nThe election of presiding members of committees and their deputies is dealt with in the Act.\n4.5 Election of deputy presiding members of committees\nThe election of deputy presiding members of committees is dealt with in the Act.\n4.6 Functions of deputy presiding members\nThe functions of deputy presiding members are dealt with in the Act.\n4.7 Who acts if no presiding member\nWho acts if no presiding member is dealt with in the Act.\nDivision 2—Quorum\n4.8 Quorum for meetings\nThe quorum for meetings is dealt with in the Act.\n4.9 Reduction of quorum for Council meetings\nThe power of the Minister to reduce the number for a quorum and certain majorities is dealt with in\nthe Act.\n4.10 Reduction of quorum for committee meetings\nThe reduction of a quorum for committee meetings is dealt with in the Act.\n4.11 Procedure where no quorum to begin a meeting\nThe procedure where there is no quorum to begin a meeting is dealt with in the Regulations.\n4.12 Procedure where quorum not present during a meeting\nIf at any time during a meeting a quorum is not present, the presiding member is—\n(a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and\n(b) if a quorum is not present at the expiry of that period, the presiding member is to adjourn the\nmeeting to some future time or date.\n4.13 Names to be recorded\nAt any meeting—\n(a) at which there is not a quorum present; or\n(b) which is adjourned for want of a quorum,\nthe names of the members then present are to be recorded in the minutes.\n\n","sortOrder":47},{"sectionNumber":"1034","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1034 GOVERNMENT GAZETTE, WA 22 April 2020\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n(1) No business is to be transacted at any ordinary meeting of the Council other than that specified in\nthe agenda, without the approval of the presiding member or the Council.\n(2) No business is to be transacted at a special meeting of the Council other than that given in the\nnotice as the purpose of the meeting.\n(3) No business is to be transacted at a committee meeting other than that specified in the agenda or\nin the notice of the meeting as the purpose of the meeting, without the approval of the presiding\nmember or the committee.\n(4) Where a Council meeting is adjourned to the next ordinary meeting of the Council, the business\nunresolved at the meeting that is adjourned is to be dealt with as soon as practicable after the\nconfirmation of the minutes of the previous meeting.\n(5) Where a committee meeting is adjourned to the next ordinary committee meeting, the business\nunresolved at the meeting that is adjourned is to be dealt with as soon as practicable after the\nconfirmation of the minutes of the previous meeting.\n(6) Where a Council or committee meeting is adjourned to a meeting not described in subclauses (4)\nor (5), no business is to be transacted at that later meeting other than that—\n(a) is specified in the notice of the meeting that is adjourned; and\n(b) which remains unresolved.\n5.2 Order of business\n(1) The order of business of an ordinary meeting of the Council or a committee must be determined by\nthe Council from time to time.\n(2) Unless otherwise decided by the Council, the order of business at any special meeting of the\nCouncil is to be the order in which that business stands in the agenda of the meeting.\n(3) In determining the order of business for any meeting of the Council or a committee, the provisions\nof the Act and Regulations relating to the time at which public question time is to be held are to be\nobserved.\n5.3 Motions of which previous notice has been given\n(1) Unless the Act, Regulations or this local law otherwise provide, a member may raise at a meeting\nsuch business as he or she considers appropriate, in the form of a motion, of which notice has been\ngiven in writing to the CEO and which has been included on the agenda.\n(2) A notice of motion under subclause (1) is to be given at least 5 clear working days before the\nmeeting at which the motion is moved.\n(3) A notice of motion is to relate to the good governance of the district.\n(4) The CEO—\n(a) with the concurrence of the President, may exclude from the notice paper any notice of motion\ndeemed to be, or likely to involve, a breach of any of this local law or any other written law;\n(b) must inform members on each occasion that a notice has been excluded and the reasons for\nthat exclusion;\n(c) may, after consultation with the member where this is practicable, make such amendments to\nthe form but not the substance as will bring the notice of motion into due form; and\n(d) may provide to the meeting relevant and material facts and circumstances pertaining to the\nnotice of motion on such matters as policy, budget and law.\n(5) A motion of which notice has been given is to lapse unless—\n(a) the member who gave notice of it, or some other member authorised by the originating\nmember in writing, moves the motion when called on; or\n(b) the meeting on a motion agrees to defer consideration of the motion to a later stage or date.\n(6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms\nor to the same effect is not to be given again for at least 3 months from the date of such lapse.\n5.4 New business of an urgent nature\n(1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the\npresiding member that is carried by the meeting, be raised without notice and decided by the\nmeeting.\n(2) In subclause (1), ‗cases of extreme urgency or other special circumstances‘ means matters—\n(a) that have arisen after the preparation of the agenda that are considered by the presiding\nmember to be of such importance and urgency that they are unable to be dealt with\nadministratively by the Local Government and must be considered and dealt with by the\nCouncil or committee before the next meeting; and\n(b) that, if not dealt with at the meeting, are likely to—\n(i) have a significant adverse effect (financially or otherwise) on the Local Government; or\n(ii) result in a contravention of a written law.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1035\n(3) Before debate begins on a matter under this clause that is not the subject of a written employee\nreport to the meeting—\n(a) the presiding member is to ask the CEO to give; and\n(b) the CEO, or the CEO‘s nominee, is to give,\na verbal report to the meeting.\n(4) The minutes of the meeting are to include—\n(a) a summary of the verbal report and any recommendations of the CEO or the CEO‘s nominee;\nand\n(b) the reasons for any decision made at the meeting that is significantly different from any\nadvice or recommendations of the CEO or the CEO‘s nominee.\n5.5 Motions without notice\nA motion moved without notice, must be worded so as to refer to a particular matter for investigation\nand report to a committee for consideration of the Council at a later date, or directly to Council.\n5.6 Adoption by exception resolution\n(1) In this clause ‗adoption by exception resolution‘ means a resolution of the Council that has the\neffect of adopting, recommendations from any committee or, for a number of specifically identified\nreports, the employee recommendation as the Council resolution.\n(2) Subject to subclause (3), the Council may pass an adoption by exception resolution.\n(3) An adoption by exception resolution may not be used for a matter—\n(a) that requires an absolute majority;\n(b) in which an interest has been disclosed;\n(c) that has been the subject of a petition or deputation;\n(d) that is a matter on which a member wishes to make a statement; or\n(e) that is a matter on which a member wishes to move a motion that is different to the\nrecommendation.\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\nMeetings being generally open to the public is dealt with in the Act.\n6.2 Meetings not open to the public\n(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members\nof the public.\n(2) The Council or a committee, in one or more of the circumstances dealt with in the Act, may at any\ntime, by resolution, decide to close a meeting or part of a meeting.\n(3) If a resolution under subclause (2) is carried—\n(a) the presiding member is to direct everyone to leave the meeting except—\n(i) the members;\n(ii) the CEO;\n(iii) any employee specified by the presiding member; and\n(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the\nclosure of the meeting to the public, the Council or the committee, by resolution, decides\notherwise.\n(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the presiding\nmember, be removed from the meeting.\n(5) While the resolution under subclause (2) remains in force, the operation of clause 8.9 is to be\nsuspended until the Council or the committee, by resolution, decides otherwise.\n(6) A resolution under this clause may be made without notice.\n(7) Unless the Council resolves otherwise, once the meeting is reopened to members of the public, the\npresiding member is to ensure that any resolution of the Council made while the meeting was closed\nis to be read out including the vote of a member or members that is required under clause 13.4(3) to\nbe included in the minutes.\n6.3 Question time for the public\nQuestion time for the public is dealt with in the Act.\n6.4 Question time for the public at certain meetings\nQuestion time for the public at certain meetings is dealt with in the Regulations.\n6.5 Minimum question time for the public\nMinimum question time for the public is dealt with in the Regulations.\n6.6 Procedures for question time for the public\nProcedures for question time for the public are dealt with in the Regulations.\n\n","sortOrder":48},{"sectionNumber":"1036","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1036 GOVERNMENT GAZETTE, WA 22 April 2020\n6.7 Other procedures for question time for the public\n(1) A member of the public who raises a question during question time, is to state his or her name and\naddress.\n(2) A question may be taken on notice by the Council or a committee for later response.\n(3) When a question is taken on notice the CEO is to ensure that—\n(a) a response is given to the member of the public in writing; and\n(b) a summary of the response is included in the agenda of the next meeting of the Council or the\ncommittee.\n(4) Where a question relating to a matter in which a relevant person has an interest is directed to the\nrelevant person, the relevant person is to—\n(a) declare that he or she has an interest in the matter; and\n(b) allow another person to respond to the question.\n(5) Where a member of the public provides written questions then the presiding member may elect for\nthe questions to be responded to as normal business correspondence.\n(6) The presiding member may decide that a public question must not be responded to where—\n(a) the same or similar question was asked at a previous meeting, a response was provided and\nthe member of the public is directed to the minutes of the meeting at which the response was\nprovided;\n(b) the member of the public uses public question time to make a statement, provided that the\npresiding member has taken reasonable steps to assist the member of the public to phrase the\nstatement as a question; or\n(c) the member of the public asks a question that is offensive or defamatory in nature, provided\nthat the presiding member has taken reasonable steps to assist the member of the public to\nphrase the question in a manner that is not offensive or defamatory.\n(7) The presiding member may agree to extend public question time.\n(8) Where an answer to a question is given at a meeting, a summary of the question and the answer is\nto be included in the minutes.\n(9) In this clause: ―relevant person‖ has the same meaning as in section 5.59 of the Act.\n6.8 Distinguished visitors\nIf a distinguished visitor is present at a meeting of the Council, the presiding member may\nacknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and\nthe presence of that visitor must be recorded in the minutes.\n6.9 Deputations\n(1) Any person or group wishing to be received as a deputation by the Council or a committee, is to\neither—\n(a) apply, before the meeting, to the President for approval; or\n(b) with the approval of the presiding member, at the meeting, address the Council or a\ncommittee.\n(2) Any application for a deputation is to include details of the topic on which the deputation is to be\nmade and a brief outline of the contents of the proposed submission which will be made during the\ndeputation.\n(3) The President may either—\n(a) approve the request and invite the deputation to attend a meeting of the Council or\ncommittee; or\n(b) refer the request to the Council or the committee to decide by simple majority whether or not\nto receive the deputation.\n(4) Unless the Council or committee resolves otherwise, a deputation invited to attend a Council or\ncommittee meeting—\n(a) is not to exceed 5 persons, only 2 of whom may address the Council or a committee, although\nothers may respond to specific questions from members;\n(b) is not to address the Council or a committee for a period exceeding 10 minutes without the\nagreement of the Council; and\n(c) an extension of time and the increase in number of speaking members of the deputation may\nbe allowed with the leave of the presiding member.\n(5) Unless decided otherwise by the President or presiding member of a committee, the number of\ndeputations approved for any meeting must not exceed four.\n(6) Any matter which is the subject of a deputation to the Council or a committee is not to be decided\nby the Council or the committee until the deputation has completed its presentation.\n6.10 Petitions\n(1) Where a member or the CEO receives a petition conforming to the requirements of clause 6.10 (2),\nthat petition is to be presented to the next Council meeting.\n(2) Except where required by the Act, the Regulations or any other written law, any petition to the\nCouncil—\n(a) must be addressed to the Council;\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1037\n(b) state the name and address of the person to whom correspondence in respect of the petition\nmay be served; and\n(c) be in the form detailed in Schedule 1 of this local law.\n(3) Once a petition is presented to the Council, a motion may be moved to receive the petition and\nrefer it to the CEO for action.\n6.11 Presentations\n(1) In this clause, a presentation means the acceptance of a gift or an award by the Council on behalf\nof the Local Government or the community.\n(2) A presentation may be made to the Council at a meeting only with the prior approval of the\nPresident.\n6.12 Participation at committee meetings\n(1) In this clause a reference to a person is to a person who—\n(a) is entitled to attend a committee meeting;\n(b) attends a committee meeting; and\n(c) is not a member of that committee.\n(2) Without the consent of the presiding member, no person is to address a committee meeting.\n(3) The presiding member of a committee may allow a person to make an oral submission to the\ncommittee for up to 3 minutes on a recommendation contained in a report to the committee, with a\nmaximum of 3 speakers for the recommendation and 3 speakers against the recommendation.\n(4) A person addressing the committee with the consent of the presiding member is to cease that\naddress immediately after being directed to do so by the presiding member.\n(5) A person who fails to comply with a direction of the presiding member under subclause (4) may, by\norder of the presiding member, be removed from the committee room.\n(6) The Council may make a policy dealing with the circumstances in which a person may be given\nconsent to address a committee meeting.\n6.13 Council may meet to hear public submissions\n(1) Where an item on the agenda at a Council meeting is contentious and is likely be the subject of a\nnumber of deputations, the Council may resolve to meet at another time to provide a greater\nopportunity to be heard.\n(2) The CEO and the President must set the time and date of the meeting to provide the opportunity\nto be heard.\n(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the\npresiding member must—\n(a) instruct the CEO to provide local public notice of the time and date when the Council will\nmeet to provide an opportunity to be heard;\n(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to\nall members of the public who have applied under clause 6.9 to make a deputation on the\nissue; and\n(c) cause minutes to be kept of the meeting to provide the opportunity to be heard.\n(4) A meeting held under subclause (1) must be conducted only to hear submissions but a member\nmay, at any time with leave of the presiding member, ask a question to seek to clarify any aspect of a\nsubmission. The Council must not make resolutions at a meeting held under subclause (1).\n(5) At a meeting held under subclause (1), each person making a submission must be provided with\nthe opportunity to fully state his or her case.\n(6) A member of the public must be limited to 10 minutes in making an oral submission, but this\nperiod may be extended at the discretion of the presiding member.\n(7) Once every member of the public has had the opportunity to make a submission the presiding\nmember is to close the meeting.\n(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting\nsummarising each submission made at the meeting.\n(9) The Council must not resolve on the matter that is the subject of a meeting to provide the\nopportunity to be heard until it has received the CEO‘s report under subclause (8).\n6.14 Public Inspection of agenda materials\nThe right of the public to inspect the documents referred to, and in accordance with, regulation 14 of\nthe Regulations may be exercised at the Shire‘s administration office, any Shire library or on the\nLocal Government‘s website.\n6.15 Confidentiality of information withheld\n(1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to\nbe—\n(a) identified in the agenda of a Council meeting under the item‖Matters for which meeting may\nbe closed‖; and\n(b) marked ―Confidential‖ in the agenda.\n\n","sortOrder":49},{"sectionNumber":"1038","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1038 GOVERNMENT GAZETTE, WA 22 April 2020\n(2) A member or an employee who has—\n(a) confidential information under subclause (1); or\n(b) information that is provided or disclosed during a meeting or part of a meeting that is closed\nto the public,\nis not to disclose any of that information to any person other than a member or employee to the extent\nnecessary for the purpose of carrying out his or her functions.\n(3) Subclause (2) does not prevent a member or employee from disclosing the information—\n(a) at a closed meeting;\n(b) to the extent specified by the Council and subject to such other conditions as the Council\ndetermines;\n(c) that is already in the public domain;\n(d) to an officer of the Department;\n(e) to the Minister;\n(f) to a legal practitioner for the purpose of obtaining legal advice; or\n(g) if the disclosure is required or permitted by law.\n(4) The Council may by resolution declare that any information withheld under clause 6.15 (1) must\nremain confidential for a specified period or indefinitely.\n6.16 Recording of proceedings\n(1) A person is not to use any electronic, visual or audio recording device or instrument to record the\nproceedings of the Council, any committee or electors meeting without the permission of the presiding\nmember.\n(2) If the presiding member gives permission under subclause (1), the presiding member is to advise\nthe meeting, immediately before the recording is commenced, that such permission has been given\nand the nature and extent of that permission.\n6.17 Standard of conduct\n(1) A reference in this clause to a person is to a person other than a member.\n(2) A person at a meeting—\n(a) addressing the Council or a committee must, when invited to speak, extend due courtesy and\nrespect to the person presiding and others at the meeting;\n(b) must not reflect adversely on the character or actions of any member or employee;\n(c) must not impute any motive to a member or employee;\n(d) must not use offensive or objectionable expressions;\n(e) must not create a disturbance, by interrupting or interfering with the orderly conduct of the\nproceedings, whether expressing approval or dissent, by conversing or by any other means;\n(f) must ensure that his or her mobile telephone or audible pager is not switched on or used; and\n(g) must not behave in a manner that is contrary to section 75 of the Criminal Code.\n(3) The presiding person may warn a person who fails to comply with this clause.\n(4) If a person–\n(a) after being warned, acts contrary to this clause, or to this local law; or\n(b) refuses or fails to comply with a direction by the presiding member,\nthe presiding member may expel the person from the meeting by ordering him or her to leave the\nmeeting room.\n(5) A person who is ordered to leave the meeting room and fails to do so may, by order of the presiding\nperson, be removed from the meeting room and, if the presiding person orders, from the premises.\n6.18 Right of reply\n(1) A member who is aggrieved by a statement made (including a question asked) by a member of the\npublic at a meeting may, with the leave of the presiding member, reply to that statement.\n(2) A reply under this clause is to be confined to a succinct response to the specific part of the\nstatement in respect of which the member is aggrieved.\nPART 7—QUESTIONS BY MEMBERS\n7.1 With due notice\n(1) A question on notice is to be given by a member in writing to the CEO at least four (4) clear\nbusiness days before the meeting at which it is raised.\n(2) If the question referred to in subclause (1) is in order, the answer is, so far as practicable, to be\nincluded in written form in the agenda of the meeting, or otherwise tabled at that meeting.\n(3) Every question and answer is to be submitted as briefly and concisely as possible and no\ndiscussion is to be allowed thereon, unless with the consent of the presiding member.\n7.2 Without due notice\n(1) Members may ask questions relating to an item on the notice paper or on matters related to the\ngood government of persons in the district.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1039\n(2) A member requesting general information from an employee at a Council or committee meeting\nmay ask a question without notice and with the consent of the presiding member, may ask one or\nmore further questions of that employee or another employee present at the meeting.\n(3) Where possible the employee must endeavour to answer the question to the best of his or her\nknowledge and ability, however, if the information is unavailable or the answer requires research or\ninvestigation, the employee may ask that—\n(a) the question be placed on notice for the next meeting of Council or committee; and\n(b) the answer to the question be given to the member who asked it within 14 days.\n(4) Every question and answer—\n(a) is to be brief and concise; and\n(b) is not to be accompanied by argument, expression of opinion or statement of facts, except to\nthe extent necessary to explain the question or answer.\n(5) In answering any question, an employee may qualify his or her answer and may at a later time in\nthe meeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer.\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to be in their proper places\n(1) At the first meeting held after each election day, or at any other time considered necessary, each\nmember is to be allocated a seat at the Council table by the Council.\n(2) Each member is to occupy his or her allotted position at each Council or committee meeting.\n8.2 Respect to the presiding member\nAfter the business of a Council or a committee has been commenced, a member is not to enter or leave\nthe meeting without first paying due respect to the presiding member.\n8.3 Titles to be used\nA speaker, when referring to the President, Deputy President or presiding member, or a member or\nemployee, is to use the title of that person‘s office.\n8.4 Advice of entry or departure\nA member is not to enter or leave the meeting without first advising the presiding member, in order\nto facilitate the recording in the minutes of the time or entry or departure.\n8.5 Members to indicate their intention to speak\nA member of the Council who wishes to speak is to indicate his or her intention to speak by raising\nhis or her hand or by another method agreed by the Council.\n8.6 Priority of speaking\n(1) Where two or more members indicate, at the same time, their intention to speak, the presiding\nmember is to decide which member is entitled to be heard first.\n(2) A decision of the presiding member under subclause (1) is not open to discussion or dissent.\n(3) A member is to cease speaking immediately after being asked to do so by the presiding member.\n8.7 Presiding member may take part in debates\nThe presiding member may take part in a discussion of any matter before the Council or a committee,\nsubject to compliance with this local law.\n8.8 Relevance\nA member is to restrict his or her remarks to the motion or amendment under discussion, or to a\npersonal explanation or point of order.\n8.9 Speaking twice\nA member is not to address the Council or a committee more than once on any motion or amendment\nexcept—\n(a) as the mover of a substantive motion, to exercise a right of reply;\n(b) to raise a point of order; or\n(c) to make a personal explanation.\n8.10 Duration of speeches\n(1) A member is not to speak on any matter for more than 5 minutes without the consent of the\nCouncil or a committee which, if given, is to be given without debate.\n(2) An extension under this clause cannot be given to allow a member‘s total speaking time to exceed\n10 minutes.\n8.11 No speaking after conclusion of debate\nA member is not to speak on any motion or amendment—\n(a) after the mover has replied; or\n(b) after the question has been put.\n\n","sortOrder":50},{"sectionNumber":"1040","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1040 GOVERNMENT GAZETTE, WA 22 April 2020\n8.12 No interruption\nA member is not to interrupt another member who is speaking unless—\n(a) to raise a point of order;\n(b) to call attention to the absence of a quorum;\n(c) to make a personal explanation under clause 8.13; or\n(d) to move a procedural motion that the member be no longer heard (see clause 11(1)(e)).\n8.13 Personal explanations\n(1) A member who wishes to make a personal explanation relating to a matter referred to by another\nmember who is then speaking is to indicate to the presiding member his or her intention to make a\npersonal explanation.\n(2) The presiding member is to determine whether the personal explanation is to be heard\nimmediately or at the conclusion of the speech by the other member.\n(3) A member making a personal explanation is to confine his or her observations to a succinct\nstatement relating to a specific part of the speech at which he or she may have been misunderstood.\n8.14 No reopening of discussion\nA member is not to reopen discussion on any Council or committee decision, except to move that the\ndecision be revoked or changed.\n8.15 Adverse reflection\n(1) A member is not to reflect adversely on a decision of the Council or committee except—\n(a) on a motion that the decision be revoked or changed; or\n(b) where the meeting resolves, without debate, that the question then before the meeting cannot\notherwise be adequately considered.\n(2) A member is not—\n(a) to reflect adversely on the character or actions of another member or employee; or\n(b) to impute any motive to a member or employee, unless the meeting resolves, without debate,\nthat the question then before the meeting cannot otherwise be adequately considered.\n(3) A member is not to use offensive expressions in reference to any member, employee or other\nperson.\n(4) If a member specifically requests, immediately after their use, that any particular words used by a\nmember be recorded in the minutes—\n(a) the presiding member is to cause the words used to be taken down and read to the meeting\nfor verification; and\n(b) the Council or committee may, by resolution, decide to record those words in the minutes.\n8.16 Withdrawal of offensive language\n(1) A member who, in the opinion of the presiding member, uses an expression which—\n(a) in the absence of a resolution under clause 8.15(4)—\n(i) reflects adversely on the character or actions of another member or employee; or\n(ii) imputes any motive to a member or employee; or\n(b) is offensive or insulting,\nmust, when directed by the presiding member, withdraw the expression and make a satisfactory\napology.\n(2) If a member fails to comply with a direction of the presiding member under subclause (1), the\npresiding member may direct the member to refrain from taking any further part in the debate of\nthat item, other than by voting, and the member must comply with that direction.\nPART 9—PRESERVING ORDER\n9.1 Presiding member to preserve order\n(1) The presiding member is to preserve order, and, whenever he or she considers necessary, may call\nany member to order.\n(2) When the presiding member speaks during a debate, any member then speaking, or indicating\nthat he or she wishes to speak, is to preserve strict silence so that the presiding member may be\nheard without interruption.\n(3) Subclause (2) is not to be used by the presiding member to exercise the right provided in\nclause 8.7, but to preserve order.\n9.2 Point of order\n(1) A member may object, by way of a point of order, only to a breach of—\n(a) any of this local law; or\n(b) any other written law.\n(2) Despite anything in this local law to the contrary, a point of order—\n(a) takes precedence over any discussion; and\n(b) until determined, suspends the consideration or discussion of any other matter.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1041\n9.3 Procedures on a point of order\n(1) A member who is addressing the presiding member is not to be interrupted except on a point of\norder.\n(2) A member interrupted on a point of order is to resume his or her seat until—\n(a) the member raising the point of order has been heard; and\n(b) the presiding member has ruled on the point of order,\nand, if permitted, the member who has been interrupted may then proceed.\n9.4 Calling attention to breach\nA member may, at any time, draw the attention of the Presiding Member to any breach of this local\nlaw.\n9.5 Ruling by the presiding member\n(1) The presiding member is to rule on any point of order which is raised by either upholding or\nrejecting the point of order.\n(2) A ruling by the presiding member on a point of order is to be final unless the majority of members\nthen present and voting, on a motion moved immediately after the ruling, dissent from the ruling.\n(3) Subject to a motion of dissent being carried under subclause (2), if the presiding member rules\nthat—\n(a) any motion, amendment or other matter before the meeting is out of order, it is not to be\nconsidered further; and\n(b) a statement made or act done by a member is out of order, the presiding member may require\nthe member to make an explanation, retraction or apology.\n9.6 Continued breach of order\nIf a member—\n(a) persists in any conduct that the presiding member had ruled is out of order; or\n(b) refuses to make an explanation, retraction or apology required by the presiding member\nunder clause 9.5(3),\nthe presiding member may direct the member to refrain from taking any further part in the debate of\nthat item, other than by voting, and the member is to comply with that direction.\n9.7 Right of presiding member to adjourn\n(1) For the purpose of preserving or regaining order, the presiding member may adjourn the meeting\nfor a period of up to 15 minutes.\n(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.\n(3) If, at any one meeting, the presiding member adjourns the meeting more than once for the purpose\nof preserving or regaining order, the second or subsequent adjournment may be to a later time on the\nsame day or to another day.\nPART 10—DEBATE OF MEMBERS\n10.1 Recommendations in reports\n(1) Recommendations contained in a committee or employee‘s report are to be given first priority\nconsideration for adoption by the Council.\n(2) Any proposed amendment to a recommendation in a committee or employees‘ report that is\nsignificantly different to the recommendation, is not to be accepted unless a notice of motion in\naccordance with clause 5.3 has been given by the mover of the proposed amendment.\n(3) The Council may by majority decision dispense with requirements of clause 5.1 (2) where the\nCouncil is satisfied that the reason for the proposed amendment meets the criteria of “extreme\nurgency or other special circumstances” in clause 5.4 (2).\n(4) The requirements for recording of written reasons in the minutes of a meeting for each decision\nmade at the meeting that is significantly different from the relevant written recommendation of a\ncommittee or an employee are dealt with in the regulations.\n10.2 Alternative motion\n(1) A member may submit an alternative motion for consideration by the Council that differs from a\ncommittee or employee‘s recommendation contained in the meeting agenda.\n(2) A member may submit an alternative motion for consideration by a committee that differs from an\nemployee‘s recommendation contained in a meeting agenda.\n(3) A request for an alternative motion must be received by the CEO or their delegate no later than\n9.00am on the day of the meeting.\n(4) The meeting may by absolute majority dispense with the requirement of clause 10.2 (3) where the\nmeeting is satisfied that that the alternative motion does not—\n(a) reflect a significant departure from the intent of the recommendation; or\n(b) involve a determination of a matter or the exercise of a discretion under the Local Planning\nScheme.\n\n","sortOrder":51},{"sectionNumber":"1042","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1042 GOVERNMENT GAZETTE, WA 22 April 2020\n10.3 Motions to be stated and in writing\nAny member who wishes to move a substantive motion or an amendment to a substantive motion—\n(a) is to state the substance of the motion before speaking to it;\n(b) if required by the presiding member, is to put the motion or amendment in writing; and\n(c) is to put any complex amendments in writing.\n10.4 Motions to be supported\n(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has\nbeen seconded.\n(2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless\nthe motion has the support required under regulation 10 of the Regulations.\n10.5 Unopposed business\n(1) Immediately after a substantive motion has been moved and seconded, the presiding member may\nask the meeting—\n(a) if any member opposes it; or\n(b) if any member wishes the mover to speak to the motion before deciding whether to oppose it.\n(2) If any member wishes the mover to speak to the motion, the presiding member may—\n(a) call on the mover to speak to the motion; and\n(b) after the mover has spoken to the motion, again ask the meeting if any member opposes it.\n(3) If no member opposes the motion, the presiding member may declare it carried without debate and\nwithout taking a vote.\n(4) A motion declared carried under this clause is to be recorded in the minutes as a ―carried without\ndissent‖ decision of the Council.\n(5) If a member opposes a motion, the motion is to be dealt with under this Part.\n(6) This clause does not apply to a motion to revoke or change a decision which has been made at a\nCouncil meeting.\n10.6 Only one substantive motion at a time\nWhen a substantive motion is under debate at a meeting of the Council, no further substantive\nmotion is to be accepted. The Council is not to consider more than one substantive motion at any time.\n10.7 Order of call in debate\nThe presiding member is to call speakers to a substantive motion in the following order—\n(a) the mover to state the motion;\n(b) a seconder to the motion;\n(c) the mover to speak to the motion;\n(d) the seconder to speak to the motion;\n(e) a speaker against the motion;\n(f) a speaker for the motion;\n(g) other speakers against and for the motion, alternating where possible; and\n(h) mover takes right of reply which closes debate.\n10.8 Limit of debate\nThe presiding member may offer the right of reply and put a substantive motion to the vote if he or\nshe believes that sufficient discussion has taken place even though all members may not have spoken.\n10.9 Member may require question to be read\nA member may require the question or matter under discussion to be read at any time during a\ndebate, but not so as to interrupt any other member who is speaking.\n10.10 Consent of seconder required for alteration\nThe mover of a substantive motion may not alter the wording of the motion without the consent of the\nseconder.\n10.11 Order of amendments\nAny number of amendments may be proposed to a substantive motion, but when an amendment is\nmoved to a substantive motion, no second or subsequent amendment is to be moved or considered\nuntil the first amendment has been withdrawn, carried or lost.\n10.12 Form of an amendment\nAn amendment must add, delete, or substitute words to the substantive motion.\n10.13 Amendment must not negate original motion\nAn amendment to a substantive motion cannot negate the original motion or the intent of the original\nmotion.\n10.14 Relevance of amendments\nEach amendment is to be relevant to the motion in respect of which it is moved.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1043\n10.15 Mover of motion may speak on amendment\nAny member may speak during debate on an amendment in reference to the order set out in\nclause 10.7.\n10.16 Effect of an amendment\nIf an amendment to a substantive motion is carried, the motion as amended then becomes the\nsubstantive motion, on which any member may speak and any further amendment may be moved.\n10.17 Withdrawal of motion or amendment\n(1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a motion or\namendment on the request of the mover of the motion or amendment and with the approval of the\nseconder.\n(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to\nbe withdrawn, except by consent of the majority of members present, until the amendment proposed\nhas been withdrawn or lost.\n10.18 Right of reply\n(1) The mover of a substantive motion has the right of reply.\n(2) The mover of any amendment to a substantive motion has a right of reply.\n(3) The right of the reply may only be exercised—\n(a) where no amendment is moved to the substantive motion—at the conclusion of the discussion\non the motion; or\n(b) where one or more amendments have been moved to the substantive motion—at the\nconclusion of the discussion on the substantive motion and any amendments.\n(4) After the mover of the substantive motion has commenced the reply—\n(a) no other member is to speak on the question; and\n(b) there is to be no further discussion on, or any further amendment to, the motion.\n(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no\nnew matter is to be introduced.\n(6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as\namended, is immediately to be put to the vote.\n10.19 Foreshadowing alternative motions\n(1) Should a member wish to negate a substantive motion and have a meeting consider a new\nsubstantive motion on the matter with different intent, the member is to foreshadow the new\nsubstantive motion prior to the right of reply.\n(2) Should a substantive motion be lost, the presiding member is to call upon the member who\nforeshadowed the new substantive motion to move the proposed motion.\n(3) Once moved and seconded, the foreshadowed motion becomes the substantive motion and the\nsame procedures and rules of debate apply to this motion as any other motion.\n(4) If more than one foreshadowed motion is proposed for any item before a meeting, the presiding\nmember is to deal with them in the order in which they were presented.\nPART 11—PROCEDURAL MOTION\n11.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion, a member may move the\nfollowing procedural motions—\n(a) that the meeting proceed to the next item of business;\n(b) that the debate be adjourned;\n(c) that the meeting now adjourn;\n(d) that the question be now put;\n(e) that the member be no longer heard;\n(f) that the ruling of the presiding member be disagreed with; and\n(g) that the meeting be closed to the public.\n11.2 No debate\n(1) The mover of a motion specified in paragraph (a), (b), (c), (f) or (g) of clause 11.1 may speak to the\nmotion for not more than five minutes, the seconder is not to speak other than to formally second the\nmotion, and there is to be no debate on the motion.\n(2) The mover of a motion specified in paragraph (d) or (e) of clause 11.1 may not speak to the motion,\nthe seconder is not to speak other than to formally second the motion, and there is to be no debate on\nthe motion.\n11.3 Who may move\nNo person who has moved, seconded, or spoken for or against the substantive motion, or any\namendment to the substantive motion, may move any procedural motion which, if carried, would close\nthe debate on the substantive motion or amendment.\n\n","sortOrder":52},{"sectionNumber":"1044","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1044 GOVERNMENT GAZETTE, WA 22 April 2020\n11.4 Procedural motions—right of reply on substantive motion\nThe carrying of a procedural motion which closes debate on the substantive motion or amendment\nand forces a decision on the substantive motion or amendment does not deny the right of reply to the\nmover of the substantive motion.\n11.5 Meeting to proceed to the next business\nThe motion ―that the meeting proceed to the next business‖, if carried, has the effect that—\n(a) the debate on the substantive motion or amendment ceases immediately;\n(b) no decision is made on the substantive motion;\n(c) the Council moves to the next item of business; and\n(d) there is no requirement for the matter to be raised again for consideration.\n11.6 Debate to be adjourned\nA motion ―that the debate be adjourned‖—\n(a) is to state the time to which the debate is to be adjourned; and\n(b) if carried, has the effect that all debate on the substantive motion or amendment ceases\nimmediately, but continues at the time stated in the motion.\n11.7 Meeting now adjourn\n(1) A member is not to move or second more than one motion of adjournment during the same sitting\nof the Council.\n(2) Before putting the motion for the adjournment of the Council, the presiding member may seek\nleave of the Council to deal first with matters that may be the subject of an adoption by exception\nresolution (see clause 5.6).\n(3) A motion ―that the meeting now adjourn‖—\n(a) is to state the time and date to which the meeting is to be adjourned; and\n(b) if carried, has the effect that the meeting is adjourned to the time and date specified in the\nmotion.\n(4) A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned,\nunless the presiding member or the Council determines otherwise.\n11.8 Question to be put\n(1) If the motion ―that the question be now put‖, is carried during debate on a substantive motion\nwithout amendment, the presiding member is to offer the right of reply and then put the motion to\nthe vote without further debate.\n(2) If the motion ―that the question be now put‖ is carried during discussion of an amendment, the\npresiding member is to put the amendment to the vote without further debate.\n(3) This motion, if lost, causes debate to continue.\n11.9 Member to be no longer heard\nIf the motion ―that the member be no longer heard‖, is carried, the speaker against whom the motion\nhas been moved cannot speak further on the current substantive motion, or any amendment relating\nto it, except to exercise the right of reply if he or she is the mover of the substantive motion.\n11.10 Ruling of the presiding member to be disagreed with\nIf the motion ―that the ruling of the presiding member be disagreed with‖, is carried, that ruling is to\nhave no effect and the meeting is to proceed accordingly.\nPART 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\nDisclosure of interests is dealt with in the Act.\nPART 13—VOTING\n13.1 Question—when put\n(1) Immediately after the debate on any question is concluded and the right of reply has been\nexercised, the presiding member—\n(a) is to put the question to the Council; and\n(b) if requested by any member, is to again state the terms of the question.\n(2) A member is not to leave the meeting when the presiding member is putting any question.\n13.2 Voting\nVoting is dealt with in the Act and the Regulations.\n13.3 Majorities required for decisions\nThe majorities required for decisions of the Council and committees are dealt with in the Act.\n13.4 Method of taking vote\n(1) In taking the vote on any motion or amendment the presiding member—\n(a) is to put the question, first in the affirmative, and then in the negative;\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1045\n(b) may put the question in this way as often as may be necessary to enable him or her to\ndetermine whether the affirmative or the negative has the majority of votes;\n(c) may accept a vote on the voices or may require a show of hands; and\n(d) is, subject to this clause, to declare the result.\n(2) If a member calls for a show of hands, the result of the vote is to be determined on the count of\nraised hands.\n(3) Unless decided otherwise by a decision of Council or a committee the details of the members vote\nor votes for or against, a matter, as the case may be, is to be recorded in the minutes.\nPART 14—MINUTES OF MEETINGS\n14.1 Keeping of minutes\nThe keeping and confirmation of minutes are dealt with in the Act.\n14.2 Content of minutes\n(1) The content of minutes is dealt with in the Regulations.\n(2) In addition to the matters required by regulation 11 of the Regulations, the minutes of a Council\nmeeting is to include, where an application for approval is refused or the authorisation of a licence,\npermit or certificate is withheld or cancelled, the reasons for the decision.\n14.3 Public inspection of unconfirmed minutes\nThe public inspection of unconfirmed minutes is dealt with in Regulations.\n14.4 Confirmation of minutes\n(1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to\ntheir confirmation at the next meeting, if a member is dissatisfied with the accuracy of the minutes,\nthe member may provide the Local Government with a written copy of the alternative wording to\namend the minutes no later than 7 clear working days before the next ordinary meeting of the\nCouncil.\n(2) At the next ordinary meeting of the Council, the member who provided the alternative wording\nmust, at the time for confirmation of minutes—\n(a) state the item or items with which he or she is dissatisfied; and\n(b) propose a motion clearly outlining the alternative wording to amend the minutes.\n(3) Members must not discuss items of business contained in the minutes, other than discussion as to\ntheir accuracy as a record of the proceedings.\nPART 15—ADJOURNMENT OF MEETING\n15.1 Meeting may be adjourned\nThe Council or a committee may adjourn any meeting—\n(a) to a later time on the same day; or\n(b) to any other time on any other day, including a time which coincides with the conclusion of\nanother meeting or event.\n15.2 Effect of adjournment\nWhere any matter, motion, debate or meeting is adjourned under this local law—\n(a) the names of members who have spoken on the matter prior to the adjournment are to be\nrecorded in the minutes;\n(b) debate is to be resumed at the next meeting at the point where it was interrupted; and\n(c) the provisions of clause 8.9 apply when the debate is resumed.\nPART 16—REVOKING OR CHANGING DECISIONS\n16.1 Requirements to revoke or change decisions\nThe requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of\nthe Regulations.\n16.2 Limitations on powers to revoke or change decisions\n(1) Subject to subclause (2), the Council or a committee is not to consider a motion to revoke or change\na decision—\n(a) where, at the time the motion is moved or notice is given, any action has been taken under\nclause 16.3 to implement the decision; or\n(b) where the decision is procedural in its form or effect.\n(2) The Council or a committee may consider a motion to revoke or change a decision of the kind\ndescribed in subclause (1)(a) if the motion is accompanied by a written statement of the legal and\nfinancial consequences of carrying the motion.\n\n","sortOrder":53},{"sectionNumber":"1046","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 April 2020","content":"1046 GOVERNMENT GAZETTE, WA 22 April 2020\n16.3 Implementing a decision\n(1) In this clause—\n(a) authorisation means a licence, permit, approval or other means of authorising a person to\ndo anything;\n(b) implement, in relation to a decision, includes—\n(i) communicate notice of the decision to a person affected by, or with an interest in, the\ndecision; and\n(ii) take any other action to give effect to the decision; and\n(c) valid notice of revocation motion means a notice of motion to revoke or change a decision\nthat complies with the requirements of the Act, Regulations and the local laws and may be\nconsidered, but has not yet been considered, by the Council or a committee as the case may\nbe.\n(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a\nmeeting is not to be implemented by the CEO or any other person until the afternoon of the first\nbusiness day after the commencement of the meeting at which the decision was made.\n(3) The Council or a committee may, by resolution carried at the same meeting at which a decision\nwas made, direct the CEO or another person to take immediate action to implement the decision.\n(4) A decision made at a meeting is not to be implemented by the CEO or any other person—\n(a) if, before commencing any implementation action, the CEO or that person is given a valid\nnotice of revocation motion; and\n(b) unless and until the valid notice of revocation motion has been determined by the Council or\nthe committee as the case may be.\n(5) The CEO is to ensure that members of the public attending the meeting are informed by an\nappropriate notice that a decision to grant an authorisation—\n(a) is to take effect only in accordance with this clause; and\n(b) cannot be acted upon by the person who has been granted the authorisation unless and until\nthe decision has been implemented in accordance with this clause.\nPART 17—SUSPENSION OF LOCAL LAW\n17.1 Suspension of local law\n(1) A member may at any time move that the operation of one or more of the provisions of this local\nlaw be suspended.\n(2) A member moving a motion under subclause (1) is to state the reasons for the motion but no other\ndiscussion is to take place.\n(3) A motion under subclause (1) which is—\n(a) seconded; and\n(b) carried by an absolute majority,\nis to suspend the operation of the clause or clauses to which the motion relates for the duration of the\nmeeting, unless the meeting earlier resolves otherwise.\n17.2 Where local law does not apply\n(1) In situations where—\n(a) one or more provisions of this local law have been suspended; or\n(b) a matter is not regulated by the Act, the Regulations or this local law,\nthe presiding member is to decide questions relating to the conduct of the meeting.\n(2) The decision of the presiding member under subclause (1) is final, except where a motion is moved\nand carried under clause 11.10.\nPART 18—MEETINGS OF ELECTORS\n18.1 Electors’ general meetings\nElectors‘ general meetings are dealt with in the Act.\n18.2 Matters for discussion at electors’ general meetings\nThe matters to be discussed at electors‘ general meetings are dealt with in the Regulations.\n18.3 Electors’ special meetings\nElectors‘ special meetings are dealt with in the Act.\n18.4 Requests for electors’ special meetings\nRequests for electors‘ special meetings are dealt with in the Regulations.\n18.5 Convening electors’ meetings\nConvening electors‘ meetings is dealt with in the Act.\n18.6 Who presides at electors’ meetings\nWho presides at electors‘ meetings is dealt with in the Act.\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1047\n18.7 Procedure for electors’ meetings\n(1) The procedure for electors‘ meetings is dealt with in the Act and the Regulations.\n(2) In exercising his or her discretion to determine the procedure to be followed at an electors‘\nmeeting, the presiding member is to have regard to this local law.\n18.8 Participation of non-electors\nA person who is not an elector of the Local Government must not take part in any discussion at an\nelectors‘ meeting unless the meeting, by resolution, permits the person do so.\n18.9 Voting at electors’ meetings\nVoting at electors‘ meetings is dealt with in the Regulations.\n18.10 Minutes of electors’ meetings\nMinutes of electors‘ meetings are dealt with in the Act.\n18.11 Decisions made at electors’ meetings\nDecisions made at electors‘ meetings are dealt with in the Act.\nPART 19—ENFORCEMENT\n19.1 Penalty for breach\nA person who breaches a provision of this local law commits an offence.\nPenalty: $1,000.00 and a daily penalty of $500.00.\n19.2 Who can prosecute\nWho can prosecute is dealt with in the Act.\n————\nSCHEDULE 1—PETITION OF ELECTORS OF THE SHIRE OF PLANTAGENET\nTo the Shire President and Councillors of the Shire of Plantagenet\nWe, the undersigned, all being electors of the Shire of Plantagenet do respectfully request that the\nCouncil—\n[Here set out a concise statement of facts and the action sought]\nCorrespondence in respect of this petition should be addressed to—\n[Here set out relevant name(s) and address(es) for correspondence]\nThe names and addresses of your petitioners are as follows—\nDate Full Name Address Signature Agree/Disagree/\nNo Opinion\n————\n\n22 April 2020 GOVERNMENT GAZETTE, WA 1049\nREPEAL LOCAL LAW 2020\nUnder the powers conferred by the Local Government Act 1995 and all other powers enabling it, the\nCouncil of the Shire of Plantagenet resolved on 28 January 2020 to make the following local law.\n1. Citation\nThis local law is cited as the Shire of Plantagenet Repeal Local Law 2020.\n2. Commencement\n3. Repeal\nThis local law repeals the Shire of Plantagenet Pest Plants By-laws 1987, published in the\nGovernment Gazette on 7 August 1987.\n————\nThe Common Seal of the Shire of Plantagenet was affixed in the presence of—","sortOrder":54}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Each instrument expressly repeals an earlier local law and replaces it with more detailed regulatory schemes (Cemeteries cl.1.4; Bush Fire cl.1.4; Extractive Industries cl.1.6; Standing Orders cl.1.5; Repeal Local Law). The new rules broaden and formalise licensing, technical and procedural requirements (for example, extractive site plans, secured bonds and mandatory $20,000,000 public liability; see Extractive Industries cl.2.3, cl.5.1, cl.7.1) and set out expanded governance, membership, grievance and meeting procedures for brigades and Council (Bush Fire Schedule 1; Standing Orders Parts 4–11)."},"complexity_factors":["Multiple separate local laws bundled together (cemeteries, bush fire brigades, extractive industries, standing orders, repeal), increasing cross‑document complexity","Extensive licensing and technical requirements (extractive site plans, rehabilitation programmes, public liability insurance) with precise standards and staged approvals (see Extractive Industries cl.2.3, cl.5.1, cl.7.1)","Detailed governance and procedural rules for volunteer brigades and council meetings, including elections, grievance and disciplinary processes (Bush Fire Rules Schedule 1; Standing Orders Parts 3–11)","Numerous delegated discretionary powers to the Board, CEO and authorised officers (e.g. Cemeteries cl.2.1; Standing Orders cl.3.3; Bush Fire cl.3.5)","Cross‑references to State Acts, regulations and technical standards (Cemeteries Act 1986; Bush Fires Act 1954; Local Government Act 1995; Mines Safety and Environmental Protection Acts; AS standards)","Prescribed offences, modified penalties and enforcement pathways across instruments, requiring administrative systems for infringement notices and prosecutions (see Schedules and Parts 9)","Transitional and repeal provisions replacing prior local laws, requiring alignment of existing licences and practices (see each local law‘s repeal clause)"],"plain_english_summary":"These instruments replace earlier Shire rules and set detailed local regulations for cemeteries, volunteer bush‑fire brigades, extractive industries, and Council meeting procedure, and repeal an old pest‑plants by‑law. They create application, licensing and operational rules; assign decision‑making powers to the Board/CEO/local government; and fix fees, bonds and penalties. \n\nThey affect funeral directors, monumental masons, cemetery visitors, brigade volunteers and officers, extractive‑industry operators, landowners, councillors and the public by imposing permit/licence costs, compliance duties, supervision powers and review or penalty processes."},"kimi_summary":{"_metrics":{"completionTokens":1263},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope. Each local law replaces earlier versions (2004-2008) with updated 2020 versions covering the same subject matters. The Standing Orders and Extractive Industries laws are modernised replacements. The Repeal Local Law simply removes one outdated by-law. No significant scope expansion beyond original purposes is evident."},"complexity_factors":["Multiple distinct local laws combined in one gazettal (5 separate instruments)","Extensive cross-referencing to parent Acts (Cemeteries Act 1986, Bush Fires Act 1954, Local Government Act 1995)","Detailed procedural rules with nested conditions and exceptions (especially Standing Orders)","Numerous defined terms across each law (e.g., 15+ definitions in Cemeteries law, 20+ in Bush Fire Brigades)","Extensive schedules with forms, penalties, and detailed operational rules (Schedule 1 to Bush Fire Brigades runs 14+ pages)","Conditional logic and layered requirements (e.g., membership types, meeting procedures, licensing conditions)","Transitional provisions preserving existing licences and brigades while introducing new regimes"],"plain_english_summary":"Five local laws adopted by the Shire of Plantagenet in 2020 set rules for cemeteries, volunteer bushfire brigades, extractive industries (quarries), council meeting procedures, and repeal old pest-plant bylaws. They formalise operational, safety, licensing and governance requirements that affect residents, funeral and memorial service providers, quarry operators, volunteer firefighters, and meeting participants. These laws clarify obligations, permit processes, enforcement and site/meeting conduct across the Shire."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-plantagenet-cemeteries-local-law-2020","history":"/api/acts/shire-of-plantagenet-cemeteries-local-law-2020/history","analysis":"/api/acts/shire-of-plantagenet-cemeteries-local-law-2020/analysis","conflicts":"/api/acts/shire-of-plantagenet-cemeteries-local-law-2020/conflicts","importantCases":"/api/acts/shire-of-plantagenet-cemeteries-local-law-2020/important-cases","documents":"/api/acts/shire-of-plantagenet-cemeteries-local-law-2020/documents"}}