{"id":"wa-local:yilgarn-shire-of-shire-of-yilgarn-bush-fire-brigade-local-law-2025","name":"Shire of Yilgarn - Bush Fire Brigade Local Law 2025","slug":"shire-of-yilgarn-bush-fire-brigade-local-law-2025","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439103,"registerId":"wa-local:yilgarn-shire-of-shire-of-yilgarn-bush-fire-brigade-local-law-2025-pdf-1775955242850","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"May 2025 GOVERNMENT GAZETTE, WA 547","content":"1 May 2025 GOVERNMENT GAZETTE, WA 547\nPUBLIC PLACES, LOCAL GOVERNMENT PROPERTY AND TRADING LOCAL LAW 2025\nCONTENTS\nPART 1—PRELIMINARY .............................................................................................................. 551\n1.1 Title .............................................................................................................................................. 551\n1.2 Commencement............................................................................................................................ 551\n1.3 Terms used in this local law ........................................................................................................ 551\n1.4 Meaning of “public place” ............................................................................................................ 553\n1.5 Meaning of “food” ......................................................................................................................... 553\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY .. 554","content":"PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY .. 554\n2.1 Determinations as to use of local government property ............................................................ 554\n2.2 Procedure for making a determination ....................................................................................... 554\n2.3 Discretion to erect sign ................................................................................................................ 554\n2.4 Determination to be complied with ............................................................................................. 554\n2.5 Register of determinations .......................................................................................................... 554\n2.6 Amendment or revocation of a determination ............................................................................ 554\n2.7 Activities which may be pursued on specified local government property ................................ 555\n2.8 Activities which may be prohibited on specified local government property ............................ 555\n2.9 Sign under repealed local law taken to be determination ......................................................... 556\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING","content":"PART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING\nA PERMIT ........................................................................................................................................ 556\n3.1 Activities requiring a permit ....................................................................................................... 556\n3.2 Permit required to camp outside a facility ................................................................................. 556\n3.3 Permit required for possession and consumption of liquor ........................................................ 556\nPART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY .............................. 557\n4.1 Behaviour which interferes with others ..................................................................................... 557\n4.2 Behaviour detrimental to property ............................................................................................. 557\n4.3 Taking or injuring any fauna ...................................................................................................... 557\n4.4 Intoxicated persons not to enter local government property ..................................................... 557\n4.5 No prohibited drugs ..................................................................................................................... 557\n4.6 Signs ............................................................................................................................................. 557\n4.7 Authorised person to be obeyed................................................................................................... 557\n4.8 Persons may be directed to leave local government property .................................................... 557\n4.9 Disposal of lost property .............................................................................................................. 557\n4.10 Liability for damage to local government property .................................................................. 557\n","sortOrder":2},{"sectionNumber":"Part 5","sectionType":"part","heading":"MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT","content":"PART 5—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT\nPROPERTY ...................................................................................................................................... 558\n5.1 No entry to fenced or closed local government property ............................................................ 558\n5.2 Only specified gender to use entry of toilet block or change room ............................................ 558\n5.3 No unauthorized entry to function .............................................................................................. 558\nPART 6—ACTIVITIES IN STREETS........................................................................................... 558\n6.1 General prohibitions .................................................................................................................... 558\n6.2 Activities allowed with a permit ................................................................................................. 558\n6.3 Temporary crossings .................................................................................................................... 559\n6.4 Removal of redundant crossing ................................................................................................... 559\n6.5 Permissible verge treatments...................................................................................................... 559\n6.6 Only permissible verge treatments to be installed .................................................................... 559\n6.7 Obligations of owner or occupier ................................................................................................. 560\n6.8 Notice to owner or occupier ......................................................................................................... 560\n6.9 Transitional provision ................................................................................................................. 560\n6.10 Power to carry out public works on verge ................................................................................. 560\n6.11 Assignment of numbers ............................................................................................................. 560\n\n","sortOrder":3},{"sectionNumber":"548","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"548 GOVERNMENT GAZETTE, WA 1 May 2025\n6.12 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act ....................................................... 560\n6.13 Signs ........................................................................................................................................... 560\n6.14 Transitional ................................................................................................................................ 560\n6.15 No driving on closed street ........................................................................................................ 560\n6.16 Notice to redirect or repair sprinkler ........................................................................................ 561\n6.17 Hazardous plants ....................................................................................................................... 561\n6.18 Notice to repair damage to street .............................................................................................. 561\n6.19 Notice to remove thing unlawfully placed on street ................................................................. 561\nPART 7—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS................ 561\n7.1 Leaving animal or vehicle in public place ................................................................................... 561\n7.2 Prohibitions relating to animals .................................................................................................. 561\n7.3 Shopping trolley to be marked..................................................................................................... 561\n7.4 Person not to leave trolley in public place .................................................................................. 561\n7.5 Retailer to remove abandoned trolley ......................................................................................... 561\n7.6 Retailer taken to own trolley ....................................................................................................... 562\nPART 8—TRADING IN THOROUGHFARES AND PUBLIC PLACES .................................. 562\n8.1 Interpretation ............................................................................................................................... 562\n8.2 Stallholder’s permit...................................................................................................................... 562\n8.3 Trader’s permit............................................................................................................................. 563\n8.4 No permit required to sell newspaper ......................................................................................... 563\n8.5 Relevant considerations in determining application for permit ................................................ 563\n8.6 Conditions of permit .................................................................................................................... 563\n8.7 Exemptions from requirement to pay fee or to obtain a permit................................................. 564\n8.8 Conduct of stallholders and traders ............................................................................................ 564\n8.9 Interpretation ............................................................................................................................... 564\n8.10 Permit required to perform........................................................................................................ 565\n8.11 Variation of permitted area and permitted time ...................................................................... 565\n8.12 Duration of permit ..................................................................................................................... 565\n8.13 Cancellation of permit................................................................................................................ 565\n8.14 Obligations of permit holder ...................................................................................................... 565\n8.15 Interpretation ............................................................................................................................. 565\n8.16 Permit required to conduct Facility .......................................................................................... 565\n8.17 Matters to be considered in determining application ............................................................... 565\n8.18 Obligations of permit holder ...................................................................................................... 566\n8.19 Removal of Facility unlawfully conducted ................................................................................ 566\n8.20 Use of Facility by public............................................................................................................. 566\n8.21 Temporary removal of Facility may be requested .................................................................... 566\nPART 9—PERMITS ........................................................................................................................ 566\n9.1 Application for permit .................................................................................................................. 566\n9.2 Decision on application for permit .............................................................................................. 566\n9.3 Conditions which may be imposed on a permit .......................................................................... 567\n9.4 Imposing conditions under a policy ............................................................................................. 567\n9.5 Compliance with and variation of conditions ............................................................................. 567\n9.6 Duration of permit ....................................................................................................................... 567\n9.7 Renewal of permit ........................................................................................................................ 567\n9.8 Transfer of permit ........................................................................................................................ 567\n9.9 Production of permit .................................................................................................................... 568\n9.10 Cancellation of permit................................................................................................................ 568\nPART 10—OBJECTIONS AND APPEALS.................................................................................. 568\n10.1 Application of Part 9 Division 1 of Act ...................................................................................... 568\nPART 11—POLICIES ..................................................................................................................... 568\n11.1 Making policies........................................................................................................................... 568\n11.2 Due regard to be had to policy ................................................................................................... 568\n11.3 Notice .......................................................................................................................................... 568\n11.4 Adoption ..................................................................................................................................... 568\n11.5 Amendment ................................................................................................................................ 568\n11.6 Revocation .................................................................................................................................. 569\n\n1 May 2025 GOVERNMENT GAZETTE, WA 549\nPART 12—ENFORCEMENT ......................................................................................................... 569\n12.1 Offence to fail to comply with notice ......................................................................................... 569\n12.2 Local government may undertake requirements of notice ...................................................... 569\n12.3 Offences ...................................................................................................................................... 569\n12.4 Prescribed offences..................................................................................................................... 569\nPART 13—REPEAL AND TRANSITIONAL PROVISIONS ..................................................... 569\n13.1 Repeal ......................................................................................................................................... 569\n13.2 Application for permit or renewal of permit ............................................................................. 569\n13.3 Licences ...................................................................................................................................... 569\nSCHEDULE 1 ................................................................................................................................... 570\nPRESCRIBED OFFENCES .............................................................................................................. 570\n\n1 May 2025 GOVERNMENT GAZETTE, WA 551\nPUBLIC PLACES, LOCAL GOVERNMENT PROPERTY AND TRADING LOCAL LAW 2025\n1.1 Title\nThis is the Shire of Yilgarn Public Places, Local Government Property and Trading Local Law 2025.\n1.2 Commencement\n1.3 Terms used in this local law\nIn this local law, unless the contrary intention appears—\n“Act” means the Local Government Act 1995;\n“animal” means any living thing that is not a human being or plant, but excludes a cat;\n“applicant” means a person who applies for a permit;\n“application” means an application for a permit;\n“application fee” means the fee payable upon lodgement of an application for a permit and which\nrelates to the lodgement, assessment and determination of the application but does not include\nthe permit fee;\n“authorised person” means a person authorised by the local government under section 9.10 of\nthe Act;\n“boat” means any ship, vessel or structure capable of being used in navigation by water, however\npropelled or moved, and includes a jet ski;\n“building” means any building which is local government property and includes a—\n(a) hall or room;\n(b) corridor, stairway or annexe of any hall or room; and\n(c) jetty;\n“built-up area” has the meaning given to it in the Road Traffic Code 2000;\n“bulk rubbish container” means a bin or container designed or used for holding a substantial\nquantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does\nnot include a bin or container used in connection with the local government’s regular domestic\nrubbish collection service;\n“carriageway” has the meaning given to it in the Road Traffic Code 2000;\n“CEO” means the chief executive officer of the local government;\n“charitable organisation” means an institution, association, club, society or body whether\nincorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,\neducational, recreational, sporting or other like nature and from which any member does not\nreceive any pecuniary profit except where the member is an employee or the profit is an\nhonorarium;\n“commencement day” means the day on which this local law comes into operation;\n“Council” means the council of the local government;\n“crossing” means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\n“determination” means a determination made under clause 2.1;\n“district” means the district of the local government and includes any area placed under the\njurisdiction of the local government pursuant to section 22 of the Health Act;\n“eating house” means premises which are registered as an eating house under the Health Act or\nwhich are the subject of a hotel licence, a special facility licence or a restaurant licence under\nthe Liquor Act;\n“entertain” means conduct any form of theatrical, artistic, musical, audio or visual performance\nand includes busk;\n“food” has the meaning given by clause 1.5;\n“footpath” has the meaning given to it in the Road Traffic Code 2000;\n\n","sortOrder":4},{"sectionNumber":"552","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"552 GOVERNMENT GAZETTE, WA 1 May 2025\n“function” means an event or activity characterised by all or any of the following—\n(a) formal organisation and preparation;\n(b) its occurrence is generally advertised or notified in writing to particular persons;\n(c) organisation by or on behalf of a club;\n(d) payment of a fee to attend it; and\n(e) systematic recurrence in relation to the day, time and place;\n“garden” means any part of a thoroughfare planted, developed or treated, otherwise than as a\nlawn, with one or more plants;\n“Health Act” means the Health (Miscellaneous Provisions) Act 1911;\n“hire” includes offer to hire and expose for hire;\n“intersection” has the meaning give to it in the Road Traffic Code 2000;\n“kerb” includes the edge of a carriageway;\n“lawn” means any part of a thoroughfare which is planted only with grass, or with a similar plant,\nbut will include any other plant provided that it has been planted by the local government;\n“liquor” has the same meaning as is given to it in section 3 of the Liquor Licensing Act 1988;\n“Liquor Act” means the Liquor Control Act 1988 and includes any regulations made under that\nAct;\n“local government” means Shire of Yilgarn;\n“local government property” means anything except a street—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997; or\n(c) which is an “otherwise unvested facility” within section 3.53 of the Act;\n“lot” has the meaning given to it in the Planning and Development Act 2005;\n“Manager” means the person for the time being employed by the local government to control and\nmanage a facility which is local government property and includes the person’s assistant or\ndeputy;\n“nuisance” means—\n(a) any activity, thing, condition, circumstance or state of affairs caused or contributed to by\na person which is injurious or dangerous to the health of another person of normal\nsusceptibility, or which has a disturbing effect on the state of reasonable physical, mental\nor social well being of another person;\n(b) any thing a person does or permits or causes to be done which interferes with or is likely\nto interfere with the enjoyment or safe use by another persons or any public place; or\n(c) any thing a person does in or on a public place which unreasonably detracts from or\ninterferes with the enjoyment or value of nearby land owned by another person, provided\nthat any thing done in accordance with the law or a legal right or which is consistent\nwith the standard of behaviour in the relevant locality shall not be unreasonable for the\npurpose.\n“owner or occupier” in relation to land does not include the local government;\n“permissible verge treatment” means any one of the 4 treatments described in clause 6.5 (2),\nand includes any reticulation pipes and sprinklers;\n“permit” means a permit under this local law;\n“permit fee” means the fee payable upon the issue of a permit;\n“permit document” means a permit document issued under this local law;\n“permit holder” means a person who holds a permit;\n“person” does not include the local government;\n“place” means anywhere at all, and includes anywhere in or on something that is moving or can\nmove;\n“premises” means a building or similar structure, but does not include a carpark or a similar\nplace;\n“private property” means any real property, parcel of land or lot that has a separate certificate\nof title, which is in private ownership or subject of a lease or agreement with a company or\nperson enabling its use for private purposes and includes any building or structure thereon;\n“proprietor”—\n(a) includes the owner, the occupier and any person having the management or control of\nany eating house; or\n(b) the holder of a licence granted under the Liquor Act where the premises in question is\nthe subject of a hotel licence, a limited hotel licence, special facility licence or a restaurant\nlicence granted under that Act;\n“public place” has the meaning given by clause 1.4;\n“repealed local law” means the local law repealed under clause 15.1;\n\n1 May 2025 GOVERNMENT GAZETTE, WA 553\n“retailer” means a proprietor of a shop in respect of which shopping trolleys are provided for the\nuse of customers of the shop; and\n“sell” includes—\n(a) offer or attempt to sell;\n(b) display for sale;\n(c) send, forward or deliver for sale or on sale;\n(d) barter or exchange;\n(e) dispose, by lot or chance or by auction;\n(f) supply, or offer, agree or attempt to supply—\n(i) in circumstances which the supplier derives or would be likely to derive a direct or\nindirect pecuniary benefit; or\n(ii) gratuitously, but with a view to gaining or maintaining custom or other commercial\nadvantage; or\n(g) authorise, direct, cause or permit to be done any act referred to in this definition;\n“shopping trolley” means a wheeled container or receptacle supplied by a retailer to enable a\nperson to transport goods.\n“sign” includes a notice, flag, mark, structure or device approved by the local government on which\nmay be shown words, numbers, expressions or symbols;\n“stall” means a movable or temporarily fixed structure, stand or table in, on or from which goods,\nwares, merchandise, produce or services are sold and includes a vehicle;\n“street” means any highway, thoroughfare or land used for vehicular or pedestrian traffic, and\nincludes all the land lying between property lines, including the verge and footpath;\n“street tree” any tree planted or self sown in the street, of an appropriate species and in an\nappropriate location, for the purposes of contributing to the streetscape;\n“thoroughfare” has the meaning given to it in the Act, but does not include a private thoroughfare\nwhich is not under the management control of the local government;\n“town planning scheme” means a town planning scheme of the local government made under\nthe Planning and Development Act 2005;\n“trading” means selling or hiring goods, wares, merchandise or services and includes the setting\nup of a stall and conducting business at a stall;\n“vehicle” includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise; and\n(b) an animal being ridden or driven,\nbut excludes—\n(c) a wheel-chair or any device designed for use, by a physically impaired person on a\nfootpath;\n“verge” means that part of a street between the carriageway and the land which abuts the street,\nbut does not include any footpath.\n1.4 Meaning of “public place”\nFor the purpose of this local law a public place is—\n(a) any street;\n(b) any local government property; or\n(c) any place to which the public have access.\n1.5 Meaning of “food”\n(1) In this local law, “food” includes—\n(a) any substance or thing of kind used, or represented as being used, for human consumption\n(whether it is live, raw, prepared or partly prepared);\n(b) any substance or thing of a kind used, or represented as being for use, as an ingredient or\nadditive in a substance or thing referred to in paragraph (a);\n(c) any substance used in preparing a substance or thing referred to in paragraph (a) (other than\na substance used in preparing a living thing) if it comes into direct contact with the substance\nor thing referred to in that paragraph, such as processing aid;\n(d) chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing\nchewing gum; and\n(e) any substance or thing declared to be a food under a declaration in force under the\nCommonwealth Food Standards Australia New Zealand Act 1991 section 6,\nwhether or not the substance, thing or chewing gum is in a condition fit for human consumption.\n(2) To avoid doubt, “food” may include live plants and animals.\n\n","sortOrder":5},{"sectionNumber":"554","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"554 GOVERNMENT GAZETTE, WA 1 May 2025\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\n2.1 Determinations as to use of local government property\n(1) The local government may make a determination in accordance with clause 2.2—\n(a) setting aside specified local government property for the pursuit of all or any of the activities\nreferred to in clause 2.7;\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on\nspecified local government property;\n(c) as to the matters in clauses 2.7(2) and 2.8(2); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\n2.2 Procedure for making a determination\n(1) The local government is to give local public notice of its intention to make a determination.\n(2) The local public notice referred to in subclause (1) is to state that—\n(a) the local government intends to make a determination, the purpose and effect of which is\nsummarised in the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the local\ngovernment; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to—\n(a) give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) amend the proposed determination, in which case subclause (5) is to apply; or\n(c) not continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c) the Council is to\n(a) consider those submissions; and\n(b) decide—\n(i) whether or not to amend the proposed determination; or;\n(ii) not to continue with the proposed determination.\n(5) If the Council decides to amend the proposed determination, it is to give local public notice—\n(a) of the effect of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the Council decides not to amend the proposed determination, it is to give local public notice that\nthe proposed determination has effect as a determination on and from the date of publication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication\nof the local public notice referred to in subclauses (3), (5) and (6).\n(8) A decision under subclause (3) or (4) is not to be delegated by the Council.\n2.3 Discretion to erect sign\nThe local government may erect a sign on local government property to give notice of the effect of a\ndetermination which applies to that property.\n2.4 Determination to be complied with\nA person shall comply with a determination.\n2.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for that\npurpose the register is to be taken to be information within section 5.94(u)(i) of the Act.\n2.6 Amendment or revocation of a determination\n(1) The Council may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the Council revokes a determination it is to give local public notice of the revocation and the\ndetermination is to cease to have effect on the date of publication.\n\n1 May 2025 GOVERNMENT GAZETTE, WA 555\n2.7 Activities which may be pursued on specified local government property\n(1) A determination may provide that specified local government property is set aside as an area on\nwhich a person may—\n(a) bring, ride or drive an animal;\n(b) take, ride or drive a vehicle, or a particular class of vehicle;\n(c) fly or use a motorised model aeroplane;\n(d) use a children’s playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age;\n(e) launch, beach or leave a boat;\n(f) take or use a boat, or a particular class of boat;\n(g) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or not\nin specified areas of that local government property;\n(h) play or practice—\n(i) golf or archery;\n(ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms\nAct 1973; or\n(iii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\nproperty;\n(i) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; and\n(j) wear no clothing.\n(2) A determination may specify the extent to which and the manner in which an activity referred to\nin subclause (1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued;\n(b) that an activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is to be taken to be prohibited on all local government property other than that\nspecified in the determination;\n(d) may limit the activity to a class of vehicles, equipment or things, or may extend it to all vehicles,\nequipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\n2.8 Activities which may be prohibited on specified local government property\n(1) A determination may provide that a person is prohibited from pursuing all or any of the following\nactivities on specified local government property—\n(a) smoking on premises;\n(b) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device;\n(c) taking, riding or driving a vehicle on the property or a particular class of vehicle;\n(d) riding or driving a vehicle of a particular class or any vehicle above a specified speed;\n(e) taking or using a boat, or a particular class of boat;\n(f) the playing or practice of—\n(i) golf, archery, pistol shooting or rifle shooting; or\n(ii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\nproperty;\n(g) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; and\n(h) the traversing of land which in the opinion of the local government has environmental value\nwarranting such protection, either absolutely or except by paths provided for that purpose.\n(2) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in subclause (1) and, in particular—\n(a) the days and times during which the activity is prohibited;\n(b) that an activity is prohibited on a class of local government property, specified local government\nproperty or all local government property;\n(c) that an activity is prohibited in respect of a class of vehicles, equipment or things, or all\nvehicles, equipment or things;\n(d) that an activity is prohibited in respect of a class of persons or all persons; and\n(e) may distinguish between different classes of the activity.\n(3) In this clause—\n“premises” means a building, stadium or similar structure which is local government property,\nbut not an open space such as a park or a playing field.\n\n","sortOrder":6},{"sectionNumber":"556","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"556 GOVERNMENT GAZETTE, WA 1 May 2025\n2.9 Sign under repealed local law taken to be determination\n(1) Where a sign erected on local government property has been erected under a repealed local law,\nthen it is to be taken to be and have effect as a determination on and from the commencement day,\nexcept to the extent that the sign is inconsistent with any provision of this local law or any\ndetermination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in subclause (1).\nPART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A PERMIT\n3.1 Activities requiring a permit\n(1) A person must not without a permit—\n(a) subject to subclause (3) hire local government property;\n(b) advertise anything by any means on local government property;\n(c) erect a structure for public amusement or for any performance, whether for gain or otherwise,\non local government property;\n(d) teach, coach or train, for profit, any person in any facility which is local government property;\n(e) plant any plant or sow any seeds on local government property;\n(f) carry on any trading on local government property unless the trading is conducted—\n(i) with a permit obtained under Part 8 of this Local Law; or\n(ii) by a person who has a licence or permit to carry on trading on local government property\nunder any written law;\n(g) unless an employee of the local government in the course of her or his duties or on an area set\naside for that purpose—\n(i) drive or ride or take any vehicle on to local government property; or\n(ii) park or stop any vehicle on local government property;\n(h) conduct a function on local government property;\n(i) charge any person for entry to local government property, unless the charge is for entry to land\nor a building hired by a voluntary non-profit organisation;\n(j) light a fire on local government property except in a facility provided for that purpose;\n(k) parachute, hang glide, abseil or base jump from or on to local government property;\n(l) erect a building or a refuelling site on local government property;\n(m) make any excavation on or erect or remove any fence on local government property;\n(n) erect or install any structure above or below ground, which is local government property, for\nthe purpose of supplying any water, power, sewer, communication, television or similar service\nto a person;\n(o) depasture any horse, sheep, cattle, goat, camel, ass or mule on local government property; or\n(p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly.\n(2) The CEO may exempt a person from compliance with subclause (1) on the application of that\nperson.\n(3) The CEO may exempt specified local government property or a class of local government property\nfrom the application of subclause (1)(a).\n3.2 Permit required to camp outside a facility\n“facility” has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping\nGrounds Act 1995.\n(2) This clause does not apply to a facility operated by the local government.\n(3) A person must not without a permit—\n(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local\ngovernment property; or\n(b) erect any tent, camp, hut or similar structure on local government property other than a beach\nshade or windbreak erected for use during the hours of daylight and which is dismantled during\nthose hours on the same day.\n(4) The maximum period for which the CEO may approve an application for a permit in respect of\nparagraph (a) or (b) of subclause (3) is that provided in regulation 11 of the Caravan Parks and\nCamping Grounds Regulations 1997.\n3.3 Permit required for possession and consumption of liquor\n(1) A person, on local government property, must not consume any liquor or have in her or his\npossession or under her or his control any liquor, unless—\n(a) that is permitted under the Liquor Control Act 1988; and\n(b) a permit has been obtained for that purpose.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\n\n1 May 2025 GOVERNMENT GAZETTE, WA 557\n","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY","content":"PART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\n4.1 Behaviour which interferes with others\nA person must not in or on any local government property behave in a manner which—\n(a) is likely to interfere with the enjoyment of a person who might use the property; or\n(b) interferes with the enjoyment of a person using the property.\n4.2 Behaviour detrimental to property\n(1) A person must not behave in or on local government property in a way which is or might be\ndetrimental to the property.\n(2) In subclause (1)—\n“detrimental to the property” includes—\n(a) removing any thing from the local government property including a rock, a plant or a\nseat provided for the use of any person; and\n(b) destroying, defacing or damaging any thing on the local government property, including\na plant, a seat provided for the use of any person or a building.\n4.3 Taking or injuring any fauna\n(1) A person must not take, injure or kill or attempt to take, injure or kill any fauna which is on or\nabove any local government property, unless that person is authorized under a written law to do\nso.\n“fauna” means any animal indigenous to or which periodically migrates to any State or Territory\nof the Commonwealth or the territorial waters of the Commonwealth and includes in relation\nto any such animal—\n(a) any class of animal or individual member;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur.\n4.4 Intoxicated persons not to enter local government property\nA person must not enter or remain on local government property while under the influence of liquor or\na prohibited drug.\n4.5 No prohibited drugs\nA person must not take a prohibited drug on to, or consume or use a prohibited drug on, local\ngovernment property.\n4.6 Signs\n(1) A local government may erect a sign on local government property specifying any conditions of use\nwhich apply to that property.\n(2) A person must comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is—\n(a) not to be inconsistent with any provision of this local law or any determination; and\n(b) to be for the purpose of giving notice of the effect of a provision of this local law.\n4.7 Authorised person to be obeyed\nA person on local government property must obey any lawful direction of an authorized person and\nmust not in any way obstruct or hinder an authorized person in the execution of her or his duties.\n4.8 Persons may be directed to leave local government property\nAn authorized person may direct a person to leave local government property where she or he\nreasonably suspects that the person has contravened a provision of any written law.\n4.9 Disposal of lost property\nAn article left on any local government property, and not claimed within a period of 3 months, may be\ndisposed of by the local government in any manner it thinks fit.\n4.10 Liability for damage to local government property\n(1) Where a person unlawfully damages local government property, the local government may by notice\nin writing to that person require that person within the time required in the notice to, at the option\nof the local government, pay the costs of—\n(a) reinstating the property to the state it was in prior to the occurrence of the damage; or\n(b) replacing that property.\n(2) Unless there is proof to the contrary, a person is to be taken to have damaged local government\nproperty within subclause (1) where—\n(a) a vehicle or a boat caused the damage, the person was the person responsible, at the time the\ndamage occurred, for the control of the vehicle or a boat; or\n\n","sortOrder":8},{"sectionNumber":"558","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"558 GOVERNMENT GAZETTE, WA 1 May 2025\n(b) the damage occurred under a permit, the person is the permit holder in relation to that permit.\n(3) On a failure to comply with a notice issued under subclause (1), the local government may recover\nthe costs referred to in the notice as a debt due to it.\nPART 5—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\n5.1 No entry to fenced or closed local government property\nA person must not enter local government property which has been fenced off or closed to the public by\na sign or otherwise, unless that person is authorized to do so by the local government.\n5.2 Only specified gender to use entry of toilet block or change room\nWhere a sign on a toilet block or change room specifies that a particular entry of the toilet block or\nchange room is to be used by—\n(a) females, then a person of the male gender must not use that entry of the toilet block or change\nroom; or\n(b) males, then a person of the female gender must not use that entry of the toilet block or change\nroom.\n5.3 No unauthorized entry to function\n(1) A person must not enter local government property on such days or during such times as the\nproperty may be set aside for a function for which a charge for admission is authorized, except—\n(a) through the proper entrance for that purpose; and\n(b) on payment of the fee chargeable for admission at the time.\n(2) The local government may exempt a person from compliance with subclause (1)(b).\n","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"ACTIVITIES IN STREETS","content":"PART 6—ACTIVITIES IN STREETS\n6.1 General prohibitions\nA person must not—\n(a) plant any plant which is not maintained at or below 0.50m in height in a street so that the\nplant does not create a sightline hazard;\n(b) damage a lawn or a garden or remove any plant or part of a plant from a lawn or a garden\nunless—\n(i) the person is the owner or the occupier of the lot abutting that portion of the street and\nthe lawn or the garden or the particular plant has not been installed or planted by the\nlocal government; or\n(ii) the person is acting under the authority of a written law;\n(c) damage a street tree or remove a street tree or part of a street tree irrespective of whether the\nstreet tree was planted by the owner or occupier of the lot abutting the street or by the local\ngovernment, unless—\n(i) the removal of the street tree is authorised by the local government in writing; or\n(ii) the person is acting under authority of written law;\n(d) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or\notherwise, but not water) which may create a hazard for any person using the footpath;\n(e) unless at the direction of the local government, damage, remove or interfere with any signpost,\ndirection plate, guidepost, notice, shelter, shed, fence or any structure erected on a street by\nthe local government or a person acting under the authority of a written law;\n(f) play or participate in any game or sport so as to cause danger to any person or thing or impede\nthe movement of vehicles or persons on a street; or\n(g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, skateboard, roller-\nblades or similar device.\n6.2 Activities allowed with a permit\n(1) A person must not, without a permit—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) throw, place or deposit any thing on a verge except for removal by the local government under\na bulk rubbish collection, and then only in accordance with the terms and conditions and during\nthe period of time advertised in connection with that collection by the local government;\n(c) cause any obstruction to a vehicle or a person using a street as a street;\n(d) cause any obstruction to a water channel or a water course in a street;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a street;\n(f) damage a street;\n(g) fell or damage any street tree;\n(h) fell any tree onto a street;\n(i) unless installing, or in order to maintain, a permissible verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n\n1 May 2025 GOVERNMENT GAZETTE, WA 559\n(ii) place or install any thing on any part of a thoroughfare, and without limiting the\ngenerality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks,\nbricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust;\n(j) provide, erect, install or use in or on any building, structure or land abutting on a street any\nhoist or other thing for use over the street;\n(k) on a street use anything or do anything so as to create a nuisance;\n(l) place or cause to be placed on a street a bulk rubbish container; or\n(m) interfere with the soil of, or anything in a thoroughfare or take anything from a street.\n(2) The CEO may exempt a person from compliance with subclause (1) on the application of that\nperson.\n6.3 Temporary crossings\n(1) Where it is likely that works on a lot will involve vehicles leaving a street and entering the lot, the\nperson responsible for the works must obtain a permit for the construction of a temporary crossing\nto protect the existing carriageway, kerb, drains, footpath, existing materials and street trees,\nwhere—\n(a) a crossing does not exist; or\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) The “person responsible for the works” in subclause (1) is to be taken to be—\n(a) the builder named on the building licence issued under the Local Government (Miscellaneous\nProvisions) Act 1960, if one has been issued in relation to the works; or\n(b) the registered proprietor of the lot, if no building licence has been issued under the Local\nGovernment (Miscellaneous Provisions) Act 1960 in relation to the works.\n(3) If the CEO approves an application for a permit for the purpose of subclause (1), the permit is taken\nto be issued on the condition that until such time as the temporary crossing is removed, the licensee\nmust keep the temporary crossing in good repair and in such a condition so as not to create any\ndanger or obstruction to persons using the street.\n6.4 Removal of redundant crossing\n(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be\nremoved and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the\nremoval are to be reinstated to the satisfaction of the CEO.\n(2) The CEO may give written notice to the owner or occupier of a lot requiring her or him to—\n(a) remove any part of or all of a crossing which does not give access to the lot; and\n(b) reinstate the kerb, drain, footpath, verge and any other part of the street, which may be affected\nby the removal, within the period of time stated in the notice, and the owner or occupier of the\nlot must comply with that notice.\n6.5 Permissible verge treatments\n(1) An owner or occupier of land which abuts on a verge may on that part of the verge directly in front\nof her or his land may install a permissible verge treatment.\n(2) The permissible verge treatments are—\n(a) the planting and maintenance of a lawn;\n(b) the planting and maintenance of a garden provided that—\n(i) clear sight visibility is maintained at all times for a person using the abutting street in\nthe vicinity of an intersection or bend in the street or using a driveway on land adjacent\nto the street for access to or from the street; and\n(ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of\n2m along that part of the verge immediately adjacent to the kerb;\n(c) the installation of an acceptable material; or\n(d) the installation over no more than 30 per cent of the area of the verge (excluding any approved\nfootpath and/or vehicle crossing) of an acceptable material in accordance with paragraph (c),\nand the planting and maintenance of either a lawn or a garden on the balance of the verge in\naccordance with paragraph (a) or (b).\n(3) In this clause “acceptable material” means any material specified as acceptable for the purpose of\nthis clause in a policy which has effect under Part 13.\n6.6 Only permissible verge treatments to be installed\n(1) A person must not install or maintain a verge treatment which is not a permissible verge treatment.\n(2) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each\nto be taken to have installed and maintained that verge treatment for the purposes of this clause\nand clause 6.7.\n\n","sortOrder":10},{"sectionNumber":"560","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"560 GOVERNMENT GAZETTE, WA 1 May 2025\n6.7 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permissible verge treatment must—\n(a) keep the permissible verge treatment in a good and tidy condition and ensure, where the verge\ntreatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining the\nverge is not obstructed by the verge treatment;\n(b) not place any obstruction on or around the verge treatment; and\n(c) not disturb a footpath on the verge.\n6.8 Notice to owner or occupier\nThe CEO may give a notice in writing to the owner or the occupier of a lot abutting on a verge to make\ngood, within the time specified in the notice, any breach of a provision of this Part.\n6.9 Transitional provision\n“former provisions” means the local law of the local government which permitted certain types\nof verge treatments, whether with or without the consent of the local government, and which\nwas repealed by this local law.\n(2) A verge treatment which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the former provisions,\nis to be taken to be a permissible verge treatment for so long as the verge treatment remains\nof the same type and continues to comply with the former provisions.\n6.10 Power to carry out public works on verge\nWhere the local government or an authority empowered to do so under a written law disturbs a verge,\nthe local government or the authority—\n(a) is not liable to compensate any person for that disturbance;\n(b) may backfill with sand, if necessary, any garden or lawn; and\n(c) is not liable to replace or restore any—\n(i) verge treatment and, in particular, any plant or any acceptable material or other hard\nsurface; or\n(ii) sprinklers, pipes or other reticulation equipment.\n6.11 Assignment of numbers\nThe local government may assign a number to a lot in the district and may assign another number to\nthe lot instead of that previously assigned.\n6.12 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nThe following places are specified as a public place for the purpose of item 4(1) of Division 1 of Schedule\n3.1 of the Act—\na public place, as that term is defined in clause 1.4.\n6.13 Signs\n(1) A local government may erect a sign in a street specifying any conditions of use which apply to that\nstreet.\n(2) A person must comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving\nnotice of the effect of a provision of this local law.\n6.14 Transitional\nWhere a sign erected in a street has been erected under a local law of the local government repealed by\nthis local law, then on and from the commencement day, it is to be taken to be a sign erected under\nclause 6.13 if—\n(a) the sign specifies a condition of use relating to the street which gives notice of the effect of a\nprovision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\n6.15 No driving on closed street\n(1) A person must not drive or take a vehicle on a closed street unless—\n(a) it is in accordance with any limits or exceptions specified in the order made under section 3.50\nof the Act; or\n(b) the person has first obtained a permit.\n“closed street” means a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the\nAct.\n\n1 May 2025 GOVERNMENT GAZETTE, WA 561\n6.16 Notice to redirect or repair sprinkler\nWhere a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a\nmanner which causes or may cause an inconvenience or obstruction to any person using a street, the\nCEO may give a notice to the owner or the occupier of the land abutting on the lawn or the garden,\nrequiring the owner or the occupier or both to move or alter the direction of the sprinkler or other\nwatering equipment.\n6.17 Hazardous plants\n(1) Where a plant in a garden creates or may create a hazard for any person using a street, the CEO\nmay give a notice to the owner or the occupier of the land abutting on the garden to remove, cut,\nmove or otherwise deal with that plant so as to remove the hazard.\n(2) Subclause (1) does not apply where the plant was planted by the local government.\n6.18 Notice to repair damage to street\nWhere any portion of a street has been damaged, the CEO may by notice to the person who caused the\ndamage order the person to repair or replace that portion of the street to the satisfaction of the local\ngovernment.\n6.19 Notice to remove thing unlawfully placed on street\nWhere any thing is placed on a street in contravention of this local law, the CEO may by notice in\nwriting to the owner or the occupier of the property which abuts on that portion of the street where the\nthing has been placed, or any other person who may be responsible for the thing being so placed, require\nthe relevant person to remove the thing.\n","sortOrder":11},{"sectionNumber":"Part 7","sectionType":"part","heading":"OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS","content":"PART 7—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\n7.1 Leaving animal or vehicle in public place\n(1) A person must not leave an animal or a vehicle, or any part of a vehicle, in a public place so that it\nobstructs the use of any part of that public place, unless that person has first obtained a permit or\nis authorized to do so under a written law.\n(2) A person does not contravene subclause (1) where the animal is secured or tethered for a period not\nexceeding 1 hour.\n(3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24\nhours.\n7.2 Prohibitions relating to animals\n(1) In subclause (2), “owner” in relation to an animal includes—\n(a) an owner of it;\n(b) a person in possession of it;\n(c) a person who has control of it; and\n(d) a person who ordinarily occupies the premises where the animal is permitted to stay.\n(2) An owner of an animal must not—\n(a) allow the animal to enter or remain for any time on any public place except for the use of the\npublic place as a thoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a\npublic place; or\n(c) train or race the animal in a public place.\n(3) An owner of a horse must not lead, ride or drive a horse on a street, unless that person does so\nunder a permit or under the authority of a written law.\n7.3 Shopping trolley to be marked\nA retailer must clearly mark its name or its trading name on any shopping trolley made available for\nthe use of customers.\n7.4 Person not to leave trolley in public place\nA person must not leave a shopping trolley in a public place other than in an area set aside for the\nstorage of shopping trolleys.\n7.5 Retailer to remove abandoned trolley\n(1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of\nshopping trolleys, the local government may advise (verbally or in writing) a retailer whose name\nis marked on the trolley of the location of the shopping trolley.\n(2) A retailer must remove a shopping trolley within 24 hours of being so advised under subclause (1),\nunless the retailer—\n(a) requests the local government to collect and deliver the shopping trolley to the retailer; and\n(b) pays any fee for that collection and delivery (imposed and determined under and in accordance\nwith sections 6.16 to 6.19 of the Act) within the period specified by the local government.\n\n","sortOrder":12},{"sectionNumber":"562","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"562 GOVERNMENT GAZETTE, WA 1 May 2025\n7.6 Retailer taken to own trolley\nIn the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer whose\nname is marked on the trolley.\nPART 8—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\nSubdivision 1—Preliminary\n8.1 Interpretation\nIn this Division, unless the context otherwise requires—\n“Competition Principles Agreement” means the Competition Principles Agreement executed\nby each State and Territory of the Commonwealth and the Commonwealth of Australia on\n11 April 1995;\n“public place” includes—\n(a) any thoroughfare or place which the public are allowed to use whether or not the\nthoroughfare or place is on private property; and\n(b) local government property,\nbut does not include premises on private property from which trading is lawfully\nconducted under a written law.\n“stall” means a movable or temporarily fixed structure, stand or table in, on or from which goods\nor services are sold, hired or offered for sale or hire;\n“stallholder” means a person in charge of a stall;\n“stallholder’s permit” means a permit issued to a stallholder;\n“trader” means a person who carries on trading;\n“trader’s permit” means a permit issued to a trader; and\n“trading” includes—\n(a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods\nor services in a public place;\n(b) displaying goods in any public place for the purpose of—\n(i) offering them for sale or hire;\n(ii) inviting offers for their sale or hire;\n(iii) soliciting orders for them; or\n(iv) carrying out any other transaction in relation to them; and\n(c) the going from place to place, whether or not public places, and—\n(i) offering goods or services for sale or hire; or\n(ii) inviting offers or soliciting orders for the sale or the hire of goods or services,\nbut does not include—\n(d) the delivery of pre-ordered goods of services to the purchaser of those goods or services\nor to the person nominated by the purchaser of those goods or services whether or not\npayment for those goods or services is accepted on delivery; or\nthe taking of further orders for goods or services from the purchaser of those pre-ordered\ngoods or services or from the person nominated by the purchaser of those pre-ordered\ngoods or services when those orders are taken at the same time as a previous order is\nbeing delivered, whether or not payment is made for those goods or services at the time\nof taking the order;\n(e) the setting up of a stall or the conducting of a business at a stall under the authority of\na stallholder’s permit;\n(f) the selling or the offering for sale of goods and services to, or the soliciting of orders for\ngoods and services from a person who sells those goods or services;\n(g) the selling or the offering for sale or hire by a person of goods of her or his own\nmanufacture or services which he or she provides; and\n(h) the selling or hiring or the offering for sale or hire of—\n(i) goods by a person who represents a manufacturer of the goods; or\n(ii) services by a person who represents a provider of the services,\nwhich are only sold directly to consumers and not through a shop.\n","sortOrder":13},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Permits","content":"Subdivision 2—Permits\n8.2 Stallholder’s permit\n(1) A person shall not conduct a stall on a public place unless that person is—\n(a) the holder of a valid stallholder’s permit; or\n(b) an assistant specified in a valid stallholder’s permit.\n\n1 May 2025 GOVERNMENT GAZETTE, WA 563\n(2) Every application for a stallholder’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants to be engaged by the applicant in conducting the\nstall, as well as their names and addresses if already engaged;\n(c) specify the proposed location of the stall;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of operation;\n(e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the\nstall; and\n(f) be accompanied by an accurate plan and description of the proposed stall.\n8.3 Trader’s permit\n(1) A person shall not carry on trading unless that person is—\n(a) the holder of a valid trader’s permit; or\n(b) an assistant specified in a valid trader’s permit.\n(2) Every application for a trader’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading, as\nwell as their names and addresses if already engaged;\n(c) specify the location or locations in which the applicant proposes to trade;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of trading;\n(e) specify the proposed goods or services which will be traded; and\n(f) be accompanied by an accurate plan and description of any proposed structure or vehicle which\nmay be used by the applicant in trading.\n(3) The conditions subject to which the local government may approve an application for a trader’s\npermit include that the permit holder is permitted to remain at a particular location for as long as\nthere is a customer making a purchase, but if there is no customer making a purchase the permit\nholder must move on from that location within a reasonable time of the last purchase having been\nmade.\n8.4 No permit required to sell newspaper\nNotwithstanding any other provision of this local law, a person who sells, or offers for sale, a newspaper\nonly is not required to obtain a permit.\n8.5 Relevant considerations in determining application for permit\n(1) In determining an application for a permit for the purposes of this Division, the local government\nis to have regard to—\n(a) any relevant policies of the local government;\n(b) the desirability of the proposed activity;\n(c) the location of the proposed activity;\n(d) the principles set out in the Competition Principles Agreement; and\n(e) such other matters as the local government may consider to be relevant in the circumstances\nof the case.\n(2) The local government may refuse to approve an application for a permit under this Division on any\none or more of the following grounds—\n(a) that the applicant has committed a breach of any provision of this local law or of any written\nlaw relevant to the activity in respect of which the permit is sought; or\n(b) that—\n(i) the applicant is an undischarged bankrupt or is in liquidation;\n(ii) the applicant has entered into any composition or arrangement with creditors; or\n(iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager has been\nappointed in relation to any part of the applicant’s undertakings or property.\n8.6 Conditions of permit\n(1) If the local government approves an application for a permit under this Division subject to\nconditions, those conditions may include—\n(a) the place, the part of the district, or the thoroughfare to which the permit applies;\n(b) the days and hours during which a permit holder may conduct a stall or trade;\n(c) the number, type, form and construction, as the case may be, of any stand, table, structure or\nvehicle which may be used in conducting a stall or in trading;\n(d) the goods or services in respect of which a permit holder may conduct a stall or trade;\n(e) the number of persons and the names of persons permitted to conduct a stall or trade;\n(f) the requirement for personal attendance at the stall or the place of trading by the permit holder\nand the nomination of assistants, nominees or substitutes for the permit holder;\n\n","sortOrder":14},{"sectionNumber":"564","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"564 GOVERNMENT GAZETTE, WA 1 May 2025\n(g) whether and under what terms the permit is transferable;\n(h) any prohibitions or restrictions concerning the—\n(i) causing or making of any noise or disturbance which is likely to be a nuisance to persons\nin the vicinity of the permit holder;\n(ii) the use of amplifiers, sound equipment and sound instruments;\n(iii) the use of signs; and\n(iv) the use of any lighting apparatus or device;\n(i) the manner in which the permit holder’s name and other details of a valid permit are to be\ndisplayed;\n(j) the care, maintenance and cleansing of the stall or any structure used for trading and the place\nof the stall or any structure;\n(k) the vacating of the place of a stall or trading when the stall is not being conducted or trading\nis not being carried on;\n(l) the acquisition by the stallholder or trader of public risk insurance;\n(m) the period for which the permit is valid; and\n(n) the designation of any place or places where trading is wholly or from time to time prohibited\nby the local government.\n(2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply\nwith this local law, the local government may at the request of that permit holder authorize another\nperson to be a nominee of the permit holder for a specified period, and this local law and the\nconditions of the permit shall apply to the nominee as if he or she was the permit holder.\n8.7 Exemptions from requirement to pay fee or to obtain a permit\n“charitable organisation” means an institution, association, club, society or body whether\nincorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,\neducational, recreational, sporting or other like nature and from which any member does not\nreceive any pecuniary profit except where the member is an employee or the profit is an\nhonorarium; and\n“commercial participant” means any person who is involved in operating a stall or in conducting\nany trading activity for personal gain or profit.\n(2) The local government may waive any fee required to be paid by an applicant for a stallholder’s\npermit or a trader’s permit on making an application for or on the issue of a permit, or may return\nany such fee which has been paid, if the stall is conducted or the trading is carried on—\n(a) on a portion of a public place adjoining the normal place of business of the applicant; or\n(b) by a charitable organisation that does not sublet space to, or involve commercial participants\nin the conduct of a stall or trading, and any assistants that may be specified in the permit are\nmembers of that charitable organisation.\n(3) The local government may exempt a person or a class of persons, whether or not in relation to a\nspecified public place, from the requirements of this Division.\n","sortOrder":15},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Conduct of stallholders and traders","content":"Subdivision 3—Conduct of stallholders and traders\n8.8 Conduct of stallholders and traders\n(1) A stallholder while conducting a stall or a trader while trading shall—\n(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary\nstructure or if there is no stall, vehicle or temporary structure, carry the permit with her or\nhim while conducting a stall or trading;\n(b) not display a permit unless it is a valid permit; and\n(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in\naccordance with the provisions of the National Measurement Act 1960 (Cth).\n(2) A stallholder or trader shall not—\n(a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to\nobstruct the movement of pedestrians or vehicles;\n(b) act in an offensive manner;\n(c) use or cause to be used any apparatus or device including any flap or shelf, whereby the\ndimensions of a stall, vehicle or structure are increased beyond those specified in the permit;\nor\n(d) in the case of a trader, carry on trading from a public place, unless there is adequate parking\nfor customers’ vehicles reasonably close to the place of trading.\n","sortOrder":16},{"sectionNumber":"Div 2","sectionType":"division","heading":"Street entertainers","content":"Division 2—Street entertainers\n","sortOrder":17},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Preliminary","content":"Subdivision 1—Preliminary\n8.9 Interpretation\nIn this Division, unless the context otherwise requires—\n“perform” includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic\ndisplay or entertain, but does not include public speaking;\n\n1 May 2025 GOVERNMENT GAZETTE, WA 565\n“permit” means a permit issued for the purpose of clause 6.10;\n“permitted area” means the area or areas, specified in a permit, in which the permit holder may\nperform; and\n“permitted time” means the time or times, specified in a permit, during which the permit holder\nmay perform.\nSubdivision 2—Permits\n8.10 Permit required to perform\nA person shall not perform in a public place without a permit.\n8.11 Variation of permitted area and permitted time\n(1) The local government may by notice in writing to a permit holder vary—\n(a) the permitted area;\n(b) the permitted time; or\n(c) both the permitted area and the permitted time,\nshown on a permit.\n(2) The local government may direct a permit holder to move from one permitted area to another\npermitted area, if more than one area is specified in a permit.\n8.12 Duration of permit\nA permit is valid for a period of 3 months after the date on which it is issued unless it is sooner cancelled\nunder this local law.\n8.13 Cancellation of permit\nThe CEO may cancel a permit if in her or his opinion the volume of sound caused by the permit holder\nin connection with the performance adversely affects the enjoyment, convenience or comfort of other\npersons in a public place, or if, in her or his opinion, or in the opinion of an authorized person, the\nperformance otherwise constitutes a nuisance.\n8.14 Obligations of permit holder\nA permit holder shall not in a public place—\n(a) perform wearing dirty, torn or ragged clothing;\n(b) act in an offensive manner; or\n(c) place, install, erect, play or use any musical instrument or any device which emits music,\nincluding a loud speaker or an amplifier—\n(i) other than in the permitted area; and\n(ii) unless the musical instrument or device is specified in the permit.\n","sortOrder":18},{"sectionNumber":"Div 3","sectionType":"division","heading":"Outdoor eating facilities on public places","content":"Division 3—Outdoor eating facilities on public places\n8.15 Interpretation\nIn this Division—\n“Facility” means an outdoor eating facility or establishment on any part of a public place, but does\nnot include such a facility or establishment on private land;\n“permit holder” means the person to whom a permit has been issued for the purpose of clause\n8.16; and\n“public place” has the meaning given to it in clause 1.4.\n8.16 Permit required to conduct Facility\nA person shall not establish or conduct a Facility without a permit.\n8.17 Matters to be considered in determining application\nIn determining an application for a permit for the purpose of clause 8.16, the local government may\nconsider in addition to any other matter it considers relevant, whether or not—\n(a) the Facility is conducted in conjunction with and as an extension of a food business which abut\non the Facility, and whether the applicant is the person conducting such food business;\n(b) any abutting food business is registered in accordance with the Food Act 2008 and whether the\nuse of the business is permitted under the town planning scheme;\n(c) users of the Facility will have access to proper and sufficient sanitary and ablutionary\nconveniences;\n(d) the Facility would—\n(i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any\nperson; or\n(ii) impede pedestrian access; and\n(e) the tables, chairs and other equipment to be used may obstruct or impede the use of the public\nplace for the purpose for which it was designed.\n\n","sortOrder":19},{"sectionNumber":"566","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"566 GOVERNMENT GAZETTE, WA 1 May 2025\n8.18 Obligations of permit holder\n(1) The permit holder for a Facility shall—\n(a) ensure that the Facility is conducted at all times in accordance with the provisions of this local\nlaw;\n(b) ensure that the eating area is kept in a clean and tidy condition at all times;\n(c) maintain the chairs, tables and other structures in the eating area in a good, clean and\nserviceable condition at all times; and\n(d) be solely responsible for all and any costs associated with the removal, alteration, repair,\nreinstatement or reconstruction of any part of the public place arising from the conduct of the\nFacility.\n(2) Whenever, in the opinion of the local government, any work is required to be carried out to a\nFacility, the local government may give a notice to the permit holder for the Facility to carry out\nthat work within the time limited by the notice.\n(3) In subclause (2), “work” includes the removal, alteration, repair, reinstatement or reconstruction\nof any part of a public place arising from or in connection with the setting up or conduct of a Facility.\n8.19 Removal of Facility unlawfully conducted\nWhere a Facility is conducted without a permit, or in contravention of a condition of a permit, any\ntables, chairs, umbrellas or other equipment may be removed by an authorized person and impounded\nin accordance with the Act.\n8.20 Use of Facility by public\n(1) A person shall not occupy a chair or otherwise use the equipment in a Facility the subject of a\npermit unless the person uses them for the purpose of consuming food or drinks provided by the\nFacility.\n(2) A person shall leave a Facility when requested to do so by the permit holder.\n8.21 Temporary removal of Facility may be requested\n(1) The permit holder for a Facility is to temporarily remove the Facility when requested to do so on\nreasonable grounds by an authorized person or a member of the Police Service or an emergency\nservice.\n(2) The permit holder may replace the Facility removed under subclause (1) as soon as the person who\ndirected her or him to remove it allows it to be replaced.\n","sortOrder":20},{"sectionNumber":"Part 9","sectionType":"part","heading":"PERMITS","content":"PART 9—PERMITS\n","sortOrder":21},{"sectionNumber":"Div 1","sectionType":"division","heading":"Applying for a permit","content":"Division 1—Applying for a permit\n9.1 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(a) be in the form determined by the local government;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\n(d) be forwarded to the CEO together with any fee imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\n(3) The local government may require an applicant to provide additional information reasonably\nrelated to an application before determining an application for a permit.\n(4) The local government may require an applicant to give local public notice of the application for a\npermit.\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n9.2 Decision on application for permit\n(1) The local government may—\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant a permit\nin the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice\nof that refusal to the applicant.\n(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which\nare to be taken to be imposed on a permit, the clause does not limit the power of the local\ngovernment to impose other conditions on the permit under subclause (1)(a).\n(5) Where a clause of this local law refers to the grounds on which an application for a permit may be\nor is to be refused, the clause does not limit the power of the local government to refuse the\napplication for a permit on other grounds under subclause (1)(b).\n\n1 May 2025 GOVERNMENT GAZETTE, WA 567\nDivision 2—Conditions\n9.3 Conditions which may be imposed on a permit\nThe local government may approve an application for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit;\n(c) the commencement of the permit being contingent on the happening of an event;\n(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(e) the approval of another application for a permit which may be required by the local government\nunder any written law;\n(f) the area of the district to which the permit applies;\n(g) where a permit is issued for an activity which will or may cause damage to a public place, the\npayment of a deposit or bond against such damage;\n(h) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government; and\n(i) the provision of an indemnity from the permit holder indemnifying the local government in\nrespect of any injury to any person or any damage to any property which may occur in\nconnection with the use of the public place by the permit holder.\n9.4 Imposing conditions under a policy\n“policy” means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 9.2(1)(a).\n(2) Under clause 9.2(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government is to give a copy of the policy, or the part of the policy which is relevant to the\napplication for a permit, with the form of permit referred to in clause 9.2(2).\n(4) An application for a permit is to be taken not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken\nto be information within section 5.94(u)(i) of the Act.\n9.5 Compliance with and variation of conditions\n(1) Where an application for a permit has been approved subject to conditions, or where a permit is to\nbe taken to be subject to conditions under this local law, the permit holder shall comply with each\nof those conditions.\n(2) The local government may vary the conditions of a permit, and the permit holder shall comply with\nthose conditions as varied.\nDivision 3—General\n9.6 Duration of permit\nA permit is valid for one year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the permit; or\n(b) cancelled under clause 9.10.\n9.7 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of—\n(a) this Part; and\n(b) any other provision of this local law relevant to the permit which is to be renewed,\nshall apply to an application for the renewal of a permit with all the necessary changes as required.\n9.8 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(d) be forwarded to the CEO together with any fee imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\n(2) The local government may approve an application for the transfer of a permit, refuse to approve it\nor approve it subject to any conditions.\n\n","sortOrder":22},{"sectionNumber":"568","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"568 GOVERNMENT GAZETTE, WA 1 May 2025\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by—\n(a) an endorsement on the permit signed by the CEO; or\n(b) issuing to the transferee a permit in the form determined by the local government.\n(4) Where the local government approves an application for the transfer of a permit, it is not required\nto refund any part of any fee paid by the former permit holder.\n9.9 Production of permit\nA permit holder is to produce to an authorized person her or his permit immediately upon being\nrequired to do so by that authorized person.\n9.10 Cancellation of permit\n(1) Subject to clause 10.1, a permit may be cancelled by the local government if the permit holder has\nnot complied with a—\n(i) condition of the permit; or\n(ii) provision of any written law which may relate to the activity regulated by the permit.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the local government; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\n","sortOrder":23},{"sectionNumber":"Part 10","sectionType":"part","heading":"OBJECTIONS AND APPEALS","content":"PART 10—OBJECTIONS AND APPEALS\n10.1 Application of Part 9 Division 1 of Act\nWhen the local government makes a decision—\n(a) under clause 9.2(1); or\n(b) as to whether it will renew, vary, or cancel a permit,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that\ndecision.\n","sortOrder":24},{"sectionNumber":"Part 11","sectionType":"part","heading":"POLICIES","content":"PART 11—POLICIES\n11.1 Making policies\nThe CEO may prepare a policy in respect of any matter related to this local law and so as to apply—\n(a) generally or for a particular class or classes of matters; and\n(b) throughout the district or in one or more parts of the district,\nand may amend or add to or rescind the policy.\n11.2 Due regard to be had to policy\nA policy does not bind the CEO in respect of any application for a permit, but the CEO is to have due\nregard to the provisions of the policy and the objectives which the policy is designed to achieve before\nmaking its determination.\n11.3 Notice\n(1) If CEO resolves to prepare a policy, the CEO—\n(a) is to publish a notice of the proposed policy once a week for 2 consecutive weeks in a newspaper\ncirculating in the district, giving details of—\n(i) where the draft policy may be inspected;\n(ii) the subject and nature of the draft policy; and\n(iii) in what form and during what period (being not less than 21 days from the day the notice\nis published) submissions may be made; and\n(b) may publish a notice of the proposed policy in any manner and carry out any other consultation\nthat the CEO considers appropriate.\n(2) After the expiry of the period within which submissions may be made, the CEO is to—\n(a) review the proposed policy in the light of any submissions made; and\n(b) resolve to adopt the policy with or without modification, or not to proceed with the policy.\n11.4 Adoption\n(1) If the CEO decides to adopt the policy the CEO is to publish notice of the policy once in a newspaper\ncirculating in the district.\n(2) A policy has effect on publication of a notice under subclause (1).\n(3) A copy of each policy, as amended from time to time, is to be kept and made available for public\ninspection during business hours at the offices of the local government.\n11.5 Amendment\nClauses 11.1 to 11.4 with any necessary changes, apply to the amendment of a policy.\n\n1 May 2025 GOVERNMENT GAZETTE, WA 569\n11.6 Revocation\nA policy may be revoked by—\n(a) the adoption by CEO of a new policy made under clauses 11.1 to 11.4 that is expressed to\nsupersede the existing policy; or\n(b) publication of a notice of revocation by the CEO once a week for 2 consecutive weeks in a\nnewspaper circulating in the district.\n","sortOrder":25},{"sectionNumber":"Part 12","sectionType":"part","heading":"ENFORCEMENT","content":"PART 12—ENFORCEMENT\nDivision 1—Notices given under this local law\n12.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do anything, if\nthe person fails to comply with the notice, the person commits an offence.\n12.2 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 12.1, the local government may do\nthe thing specified in the notice and recover from that person, as a debt, the costs incurred in so doing.\nDivision 2—Offences and penalties\nSubdivision 1—General\n12.3 Offences\n(1) Any person who fails to do anything required or directed to be done under this local law, or who\ndoes anything which under this local law that person is prohibited from doing, commits an offence.\n(2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\nSubdivision 2—Infringement notices and modified penalties\n12.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section\n9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n","sortOrder":26},{"sectionNumber":"Part 13","sectionType":"part","heading":"REPEAL AND TRANSITIONAL PROVISIONS","content":"PART 13—REPEAL AND TRANSITIONAL PROVISIONS\n13.1 Repeal\nThis local law repeals the Shire of Yilgarn By-Laws relating to Trading in Public Places.\n13.2 Application for permit or renewal of permit\nAn application for a permit or the renewal of a permit made under the repealed local law that has not\nbeen finally determined immediately before the commencement day is to be dealt with and determined\nas if it were an application for a permit or a renewal of permit under this local law.\n13.3 Licences\nA licence under the repealed local law that is in force immediately before the commencement day is to\nbe regarded on and after that day as a permit under this local law and may be dealt with accordingly.\n————\n\n","sortOrder":27},{"sectionNumber":"570","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"570 GOVERNMENT GAZETTE, WA 1 May 2025\n","sortOrder":28},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":null,"content":"SCHEDULE 1\nPRESCRIBED OFFENCES\nCLAUSE NATURE OF OFFENCE MODIFIED\nPENALTY $\n2.4 Failure to comply with a determination 100\n3.1 Undertaking activity on local government property without a permit 150\n3.2 Camping on local government property or erecting an unauthorised\nstructure\n3.3 Failure to obtain permit for liquor 100\n4.1 Behaviour interfering with others 150\n4.2 Behaviour detrimental to local government property 200\n4.3 Taking or injuring fauna without authorisation 100\n4.4 Under influence of liquor or prohibited drug on local government\nproperty\n4.5 Take onto or consume prohibited drugs on local government property 100\n4.6\n6.13(2)\nFailure to comply with sign 100\n4.7 Failure to comply with direction of authorised person 100\n5.1 Unauthorised entry to closed or fenced local government property 100\n5.3 Unauthorised entry to function on local government property 100\n6.1(a) Planting or allowing plant or verge treatment in street to become a\nsightline hazard\n6.1(b) Damaging a street lawn or garden 100\n6.1(c) Damaging or removing whole or part of a street tree without\nauthorisation\n6.1(d) Create hazard on street 100\n6.1(e) Damaging, removing or interfering with street, part of street, sign or\nstructure in a street without authorisation\n6.1(f) Playing games in street so as to impede vehicles or persons 100\n6.1(g) Riding of skateboard or similar device on mall, arcade or veranda of\nshopping centre\n6.2 Carry on or undertake prohibited activity in street or damage local\ngovernment property in a street without a permit\n6.6 Install verge treatment that is not a permissible treatment 100\n6.7 Failure to keep permissible verge treatment in good and tidy condition,\nobstruct a street, footpath, drain, or driveway\n6.15 Driving on closed street 100\n6.16 Failure to ensure sprinklers or reticulation pipes do not protrude above\nlevel of verge treatment when not in use, not used at such times as to\ncause inconvenience to pedestrians, or otherwise present a hazard\n7.1(1) Animal or vehicle obstructing public place without authorisation 100\n7.2(2) Animal in public place when not led, ridden or driven 100\n7.3 Failure to clearly mark name or trading name on shopping trolley 100\n7.4 Person leaving a shopping trolley in a public place other than trolley\nbay\n7.5 Failure to remove shopping trolley after being advised of location 100\n8.2(1) Conducting of stall in public place without a permit 250\n8.3(1) Trading without a permit 250\n8.8(1)(a) Failure of stallholder or trader to display or carry permit 100\n8.8(1)(b) Stallholder or trader not displaying valid permit 100\n8.8(1)(c) Stallholder or trader not carrying certified scales when selling goods by\nweight\n8.8(2) Stallholder or trader engaged in prohibited conduct 100\n8.10 Performing in a public place without a permit 150\n8.11(2) Failure of performer to move onto another area when directed 100\n8.14 Failure of performer to comply with obligations 100\n8.16 Establishment or conduct of outdoor eating facility without a permit 250\n\n1 May 2025 GOVERNMENT GAZETTE, WA 571\nCLAUSE NATURE OF OFFENCE MODIFIED\nPENALTY $\n8.18 Failure of permit holder of outdoor eating facility to comply with\nobligations\n8.20(1) Use of equipment of outdoor eating facility without purchase of food or\ndrink from facility\n8.20(2) Failure to leave outdoor eating facility when requested to do so by\npermit holder\n9.5 Failure to comply with a condition of a permit 100\n9.9 Failure to produce permit on request of authorized person 100\n12.1 Failure to comply with notice given under local law 250\n\n1 May 2025 GOVERNMENT GAZETTE, WA 573\nREMOVAL OF REFUSE, RUBBISH AND DISUSED MATERIALS LOCAL LAW 2025\nUnder the powers conferred by the Local Government Act 1995 and all other powers enabling it, the\nShire of Yilgarn resolved on 20th February 2025 to make the following local law.\n1. Citation\nThis local law may be cited as the Shire of Yilgarn Removal of Refuse, Rubbish and Disused Materials\nLocal Law 2025.\n2. Commencement\n3. Interpretation\n(1) In this local law, unless the context otherwise requires—\nAct means the Local Government Act 1995;\ndistrict means the district of the Shire of Yilgarn;\nlocal government means the Shire of Yilgarn;\nrefuse, rubbish or disused material includes—\n(a) any material which is abandoned or unwanted by its owner or the person in possession\nof it;\n(b) any material which is not being used for its original intended purpose and which has\nbeen deposited or stored upon any property for no current purpose other than the deposit\nstorage;\n(c) any motor vehicle, motor vehicle part or machinery which has been deposited or stored\nupon any property for the purpose of dismantling or breaking up;\n(d) any wood, timber, lumber; or cuttings, logs or remnants of trees; or chopped, split or\nchipped wood, deposited, stored, located or placed on property;\nand any material may be refuse, rubbish or disused material notwithstanding that it may have\na commercial value to its owner or the person in possession of it or the owner or occupier of any\nproperty upon which it is deposited or stored;\nserved has the same meaning as defined in section 75 and 76 of the Interpretation Act 1984;\nvacant property means property on which no building exists or on which a building exists but any\nsuch building is no longer utilized for any business, commercial or residential purposes.\n(2) Where in this local law a duty of liability is imposed on an owner or occupier of land, the duty or\nliability is imposed jointly and severally on each of the owners or occupiers.\nPART 2—NOTICE FOR REMOVAL OF REFUSE, RUBBISH AND DISUSED MATERIALS\n4. Clearing of refuse, rubbish or disused material\n(1) Where there is—\n(a) on any vacant property within the district, any refuse, rubbish or disused material or any\novergrown vegetation, trees, scrub or undergrowth; or\n(b) on any property within the district other than vacant property any refuse, rubbish or disused\nmaterial or any overgrown vegetation, trees, scrub or undergrowth which, in the opinion of the\nlocal government—\n(i) is likely to adversely affect the health, comfort or convenience of the inhabitants of that\nproperty or any adjoining property; or\n(ii) results in that property having an appearance which does not conform with the general\nappearance of other property in the locality,\nthe local government may cause a notice under the hand of the Chief Executive Officer to be served\non the owner or occupier of that property requiring that owner or occupier as the case may be to\nclear the property of the overgrown vegetation, trees, scrub or undergrowth or refuse, rubbish or\ndisused material specified in the notice within the time specified in the notice.\n\n","sortOrder":29},{"sectionNumber":"574","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"574 GOVERNMENT GAZETTE, WA 1 May 2025\nPART 3—OFFENCES\n5. Offences and Penalties\nAny owner or occupier who is served with a notice under clause 4 of this local law and who fails to\ncomply with the terms of the notice commits an offence.\nPenalty—\n(a) five thousand dollars ($5,000); and\n(b) a daily penalty of five hundred dollars ($500).\n6. Modified Penalties\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of section\n9.16(1) of the Local Government Act 1995.\n(2) The amount appearing in the final column of Schedule 1, directly adjacent to a prescribed offence\nin that Schedule, is the modified penalty for that prescribed offence.\nPART 4—RIGHT OF ENTRY\n7. Entry into private property\n(1) Where an owner or occupier who is served with a notice under clause 4 of this local law fails to\ncomply with the terms of the notice, the local government is authorised—\n(a) to clear or remove from the property the overgrown vegetation, trees, scrub or undergrowth or\nrefuse, rubbish or disused material specified in the Notice, and dispose of the same, without\npayment of any compensation; and\n(b) to recover in a court of competent jurisdiction the amount of the local government’s expenses\nin doing so from the owner or occupier who was served the notice.\n(2) Power of entry into private property\nThis local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the Local Government\nAct 1995 and any power of entry exercised by the local government under this local law is subject to\nPart 3, Division 3, Subdivision 3 of the Act.\n————\nSchedule 1\nOFFENCES AND MODIFIED PENALTIES\nItem No. Clause No Nature of Offence Modified Penalty\n$\n1 5 Failure to comply with notice of breach 250\n————\n\n1 May 2025 GOVERNMENT GAZETTE, WA 575\nTABLE OF CONTENTS\n1.1 CITATION\n1.2 COMMENCEMENT\n1.3 DEFINITIONS\n1.4 REPEAL\n1.5 APPLICATION\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\nDIVISION 1—ESTABLISHMENT OF A BUSH FIRE BRIGADE\n2.1 ESTABLISHMENT OF A BUSH FIRE BRIGADE\n2.2 NAME AND OFFICERS OF BUSH FIRE BRIGADE\n2.3 DUTIES OF CAPTAIN AND LIEUTENANTS\nDIVISION 2—COMMAND AT A FIRE\n2.4 RANKS WITHIN THE BUSH FIRE BRIGADE\nDIVISION 3—APPLICATION OF RULES TO A BUSH FIRE BRIGADE\n2.5 RULES\n2.6 VARIATION OF RULES\n","sortOrder":30},{"sectionNumber":"Div 4","sectionType":"division","heading":"TRANSITIONAL","content":"DIVISION 4—TRANSITIONAL\n2.7 EXISTING BUSH FIRE BRIGADES\n","sortOrder":31},{"sectionNumber":"Div 5","sectionType":"division","heading":"DISSOLUTION OF BUSH FIRE BRIGADE","content":"DIVISION 5—DISSOLUTION OF BUSH FIRE BRIGADE\n2.8 DISSOLUTION OF BUSH FIRE BRIGADE\n2.9 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\n3.2 BRIGADES TO BE SUPPLIED WITH ACT\nDIVISION 2—CHIEF BUSH FIRE CONTROL OFFICER\n3.3 MANAGERIAL ROLE OF CHIEF BUSH FIRE CONTROL OFFICER\n3.4 CHIEF BUSH FIRE CONTROL OFFICER MAY ATTEND MEETING\n3.5 DUTIES OF CHIEF BUSH FIRE CONTROL OFFICER\nDIVISION 3—ANNUAL GENERAL MEETINGS OF BUSH FIRE BRIGADES\n3.6 HOLDING OF ANNUAL GENERAL MEETING\n3.7 NOMINATION OF BUSH FIRE CONTROL OFFICERS TO BUSH FIRE ADVISORY\nCOMMITTEE\n3.8 NOMINATION OF BUSH FIRE CONTROL OFFICER TO THE LOCAL GOVERNMENT\n3.9 MINUTES TO BE TABLED BEFORE THE BUSH FIRE ADVISORY COMMITTEE\nDIVISION 4—BUSH FIRE ADVISORY COMMITTEE\n3.10 FUNCTIONS OF ADVISORY COMMITTEE\n3.11 ADVISORY COMMITTEE TO NOMINATE BUSH FIRE CONTROL OFFICERS\n3.12 LOCAL GOVERNMENT TO HAVE REGARD TO NOMINEES\n3.13 ADVISORY COMMITTEE TO CONSIDER BUSH FIRE BRIGADE MOTIONS\nPART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP\n4.1 TYPES OF MEMBERSHIP OF BUSH FIRE BRIGADE\n4.2 FIRE FIGHTING MEMBERS\n4.3 ASSOCIATE MEMBERS\n4.4 CADET MEMBERS\n4.5 HONORARY LIFE MEMBER\n4.6 NOTIFICATION OF MEMBERSHIP\n\n576 GOVERNMENT GAZETTE, WA 1 May 2025\nPART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS\n5.1 RULES TO GOVERN\nPART 6—EQUIPMENT OF BUSH FIRES BRIGADES\n6.1 POLICIES OF LOCAL GOVERNMENT\n6.2 EQUIPMENT IN BRIGADE AREA\n6.3 FUNDING FROM LOCAL GOVERNMENT BUDGET\n6.4 CONSIDERATION IN THE LOCAL GOVERNMENT BUDGET\n\n1 May 2025 GOVERNMENT GAZETTE, WA 577\nUnder the powers conferred by the Bush Fires Act 1954 and under all other powers enabling it, the\nCouncil of the Shire of Yilgarn resolved on 20 February 2025 to make the following local law.\n1.1 Citation\nThis local law may be cited as the Shire of Yilgarn Bush Fire Brigades Local Law 2025.\n1.2 Commencement\n1.3 Definitions\n(1) In this local law unless the context otherwise requires—\n“Act” means the Bush Fires Act 1954;\n“Authority” means the Department of Fire and Emergency Services;\n“brigade area” is defined in clause 2.2(1)(b);\n“brigade member” means a fire fighting member, associate member or a cadet member of a bush\nfire brigade;\n“brigade officer” means a person holding a position referred to in clause 2.2 (1)(c), whether or not\nhe or she was appointed by the local government or elected at an annual general meeting of a\nbush fire brigade or otherwise appointed to the position;\n“bush fire brigade” is defined in section 7 of the Act;\n“Bush Fire Operating Procedures” means the Bush Fire Operating Procedures adopted by the\nlocal government as amended from time to time;\n“CEO” means the chief executive officer of the Shire of Yilgarn;\n“Council” means the Council of the Shire of Yilgarn;\n“fire fighting member” is defined in clause 4.2;\n“local government” means the Shire of Yilgarn;\n“normal brigade activities” is defined under Section 35A of the Bush Fires Act 1954\n“Regulations” means Regulations made under the Act; and\n“Rules” means the Rules Governing the Operation of Bush Fire Brigades as adopted by Council\nand varied from time to time under clause 2.5.\n(2) In this local law, unless the context otherwise requires, a reference to—\n(a) a Captain;\n(b) a First Lieutenant;\n(c) a Second Lieutenant;\n(d) any additional Lieutenants;\n(e) an Equipment Officer;\n(f) a Secretary.\n(g) a Treasurer; or\n(h) a Secretary / Treasurer combined\n(i) a Training Officer,\nmeans a person holding that position in a bush fire brigade.\n1.4 Repeal\nThe By-law’s of the Yilgarn Road Board relating to the Establishment, Maintenance and Equipment of\nBush Fire Brigades for the Road District of Yilgarn, as published in the Government Gazette on\n","sortOrder":32},{"sectionNumber":"3","sectionType":"section","heading":"December 1943 are repealed.","content":"3 December 1943 are repealed.\n1.5 Application\nThis local law applies throughout the district.\n\n578 GOVERNMENT GAZETTE, WA 1 May 2025\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a bush fire brigade\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 subclause\n(1).\n2.2 Name and 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 (the “brigade area”); and\n(c) appoint—\n(i) a Captain;\n(ii) a First Lieutenant;\n(iii) a Second Lieutenant;\n(iv) additional Lieutenants if the local government considers it necessary;\n(v) a Secretary; and\n(vi) a Treasurer; or\n(vii) a Secretary/Treasurer combined\n(viii) any other position/s deemed necessary for the effective management of brigade activities.\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\neach position.\n(3) A person appointed to a position in subclause (1)(c) is to be taken to be a brigade member.\n(4) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general\nmeeting 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 annual\ngeneral meeting, then the local government is to appoint a person to fill the vacancy in accordance\nwith subclause (2).\n2.3 Duties of Captain and Lieutenants\nCaptain\n(1) The Captain is the most senior operational brigade member of the brigade.\n(2) Subject to subclause (3) below, the Captain is to preside at all meetings.\n(3) In the absence of the Captain, the meeting is to be presided by the next senior operational person.\n(4) The Captain is responsible for the efficient administration of the brigade.\nLieutenant\n(1) A Lieutenants role is to—\n(a) provide support to the Captain and assist with the management of the brigade;\n(b) effectively guide, manage and mentor fire fighting members during direct fire fighting incident\nresponse activities and normal brigade activities;\n(c) maintain a personal incident diary with a record of events that occur during all incidents\nattended;\n(d) in the absence of the Captain or to support the Captain, assist with or conduct brigade briefings\nand post incident analysis of any incident involving direct fire fighting response activities; and\n(e) actively support other appointed Lieutenants.\nDivision 2—Command at a fire\n2.4 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 bushfire 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 firefighters. In the absence of the Captain, the first Lieutenant, and in the absence\nof the first, the second Lieutenant and so on, in the order of seniority determined, is to exercise all\nthe powers and duties of the Captain.\n(2) Where a bushfire control officer is in attendance at a fire which the members of the bush fire brigade\nhave command of under the Act and the Bush Fire Operating Procedures, the most senior bushfire\ncontrol officer has full control over other persons fighting the fire and is to issue instructions as to\nthe methods to be adopted by the fire fighters.\n\n1 May 2025 GOVERNMENT GAZETTE, WA 579\nDivision 3—Application of Rules to a bush fire brigade\n2.5 Rules\n(1) The Rules govern the operation of a bush fire brigade.\n(2) A bush fire brigade and each brigade member is to comply with the Rules.\n2.6 Variation of Rules\n(1) The local government may vary the Rules in their application to all bush fire brigades or in respect\nof a particular bush fire brigade.\n(2) The Rules, as varied, have effect on and from the date of a decision under subclause (1).\n(3) The local government is to notify a bush fire brigade of any variation to the Rules as soon as\npracticable after making a decision under subclause (1).\nDivision 4—Transitional\n2.7 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 repealed\nand substituted with the Rules.\n“commencement day” means the day on which this local law comes into operation.\nDivision 5—Dissolution of bush fire brigade\n2.8 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 law,\nany written polices relevant to Bush Fire Brigades or is not achieving the objectives for which it was\nestablished.\n2.9 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\nThe Council is to ensure that there is an appropriate structure through which the organisation of bush\nfire brigades is maintained.\n3.2 Officers to be supplied with Act\nThe local government is to supply each brigade with a copy of the Act, the Regulations, the Bush Fire\nOperating Procedures, this local law and any other written laws which may be relevant to the\nperformance of the brigade officers’ functions, and any amendments which are made thereto from time\nto time.\nDivision 2—Chief Bush Fire Control Officer\n3.3 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 maintenance of bush fire brigades.\n3.4 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) may\nattend as a non-voting representative of the local government at any meeting of a bush fire brigade.\n3.5 Duties of Chief Bush Fire Control Officer\nThe duties of the Chief Bush Fire Control Officer include—\n(a) provide leadership to volunteer bush 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;\n(c) liaise with the local government concerning fire prevention / suppression matters generally and\ndirections to be issued by the local government to bush fire control officers (including those who\nissue permits to burn) bush fire brigades or brigade officers;\n(d) ensure that bush fire brigades are registered with the local government and that lists of brigade\nmembers are maintained.\n\n","sortOrder":33},{"sectionNumber":"580","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 May 2025","content":"580 GOVERNMENT GAZETTE, WA 1 May 2025\nDivision 3—Annual general meetings of bush fire brigades\n3.6 Holding of annual general meeting\nA bush fire brigade is to hold its annual general meeting during the month of March/April each year.\n3.7 Nomination of bush fire control officers to Bush Fire Advisory Committee\nAt the annual general meeting of a bush fire brigade, one brigade member is to be nominated to the\nBush Fire Advisory Committee to serve as the bush fire control officer for the brigade area until the\nnext general meeting.\n3.8 Nomination of bush fire control officer to the local government\nIf the local government has not established a Bush Fire Advisory Committee, then at the annual general\nmeeting of a bush fire brigade, the bush fire brigade is to nominate one brigade member to the local\ngovernment to serve as the bush fire control officer for the brigade area until the next annual general\nmeeting.\n3.9 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 Chief Bush Fire Control Officer within one month after the meeting.\n(2) The Chief Bush Fire Control Officer is to table the minutes of a bush fire brigade’s annual general\nmeeting at the next meeting of the—\n(a) Bush Fire Advisory Committee; or\n(b) Council, if there is no Bush Fire Advisory Committee,\nfollowing their receipt under subclause (1).\nDivision 4—Bush Fire Advisory Committee\n3.10 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.\n3.11 Advisory Committee to nominate bush fire control officers\nAs soon as practicable after the annual general meeting of each bush fire brigade in the district, the\nBush Fire Advisory Committee is to nominate to the local government from the persons nominated by\neach bush fire brigade a person or persons for the position of a bush fire control officer for the brigade\narea.\n3.12 Local government to have regard to nominees\nWhen considering persons for the position of a bush fire control officer, the local government is to have\nregard to those persons nominated by the Bush Fire Advisory Committee, but is not bound to appoint\nthe persons nominated.\n3.13 Advisory Committee to consider bush fire brigade motions\nThe Bush Fire Advisory Committee is to make recommendations to the local government on all motions\nreceived by the Bush Fire Advisory Committee from bush fire brigades.\nPART 4—TYPES OF BUSH FIRE BRIGADE 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) associate members;\n(c) cadet members; and\n(d) honorary life members.\n4.2 Fire fighting members\nFire fighting members are those persons—\n(a) being at least 16 years of age; and\n(b) are eligible to join; and\n(c) have met the relevant criteria contained within the Fire Brigades Regulations 1943; and\n(d) who undertake all normal bush fire brigade activities.\n4.3 Associate members\nAssociate members are those persons who are willing to supply free vehicular transport for fire fighting\nmembers or fire fighting equipment, or who are prepared to render other assistance required by the\nbush fire brigade.\n\n1 May 2025 GOVERNMENT GAZETTE, WA 581\n4.4 Cadet members\nCadet members are—\n(a) to be aged 11 to 15 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 uncontrolled\nfire 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;\n(f) not to be assigned ranks under the Authority’s rank structure.\n4.5 Honorary life member\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 Notification of membership\nNo later than 31 May in each year, the bush fire brigade is to report to the Chief Fire Control Officer\nthe name, contact details and type of membership of each brigade member.\nPART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS\n5.1 Rules to govern\nThe appointment, dismissal and management of brigade members by the bush fire brigade are governed\nby the Rules.\nPART 6—EQUIPMENT OF BUSH FIRES BRIGADES\n6.1 Policies of local government\nThe local government may make policies 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.\n6.2 Equipment in brigade area\nNot later than 31 May in each year, the bush fire brigade is to report to the local government the nature,\nquantity and quality of all protective clothing, equipment and appliances of the bush fire brigade which\nare generally available within the brigade area (or at a station of the bush fire brigade).\n6.3 Funding from local government budget\nA request to the local government from the bush fire brigade for funding of protective clothing,\nequipment or appliance needs is to be received by the local government by 31 March in order to be\nconsidered in the next following local government budget, and is to be accompanied by the last audited\nfinancial statement and a current statement of assets and liabilities of the bush fire brigade.\n6.4 Consideration in the local government budget\nThe local government may approve or refuse an application for funding depending upon the assessment\nof budget priorities for the year in question.","sortOrder":34}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1133},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. The Public Places law consolidates and updates previous trading by-laws. The Bush Fire Brigades law replaces 1943 by-laws with modernised provisions. The Removal of Refuse law is a standard local government housekeeping power. No significant scope creep is evident — each law addresses its stated purpose without expanding into unrelated areas."},"complexity_factors":["Three distinct local laws with different subject matters, purposes, and enabling legislation combined in one gazettal document","Extensive defined terms section with 47+ defined terms spanning multiple pages, including nested definitions and cross-references to other Acts","Multiple permit schemes with overlapping but distinct application procedures, conditions, and enforcement mechanisms","Detailed conditional logic for verge treatments with percentage calculations (30% hard surface maximum) and sight-line requirements","Complex hierarchical command structures for bush fire brigades with multiple officer ranks and substitution rules","Numerous cross-references to external legislation including Local Government Act 1995, Bush Fires Act 1954, Road Traffic Code 2000, and Commonwealth statutes","Transitional provisions preserving rights under repealed laws while converting them to new permit systems","Policy-making powers that delegate substantive rule-making authority to CEO with public consultation requirements"],"plain_english_summary":"These are three Shire of Yilgarn local laws (effective 14 days after Gazette) that together regulate use of council land and public spaces, require permits for many activities, set behaviour and verge rules, control trading and abandoned shopping trolleys, and provide enforcement powers.\n\nThey also let the council order removal of rubbish from private land and recover costs, and establish governance, membership and command for volunteer bush fire brigades. Affects residents, traders, property owners and volunteer firefighters — improving safety, cleanliness and fire preparedness."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instruments repeal earlier local by-laws but mainly preserve and reframe existing local powers and authorisations rather than expanding territorial scope. Transitional provisions convert pre-existing licences, signs and brigade arrangements into the new framework (Public Places: clauses 2.9, Part 13; Removal law: clauses 4, 7; Bush Fire Brigades: clause 2.7). No clause expressly expands the Shire’s jurisdiction beyond the district or creates new categories of regulated subjects beyond continuity with prior local functions."},"complexity_factors":["Extensive permit regime across multiple activities (public property hire/camping/liquor, trading, street performers, outdoor eating) with application, conditions, renewal, transfer and cancellation processes (Public Places: Parts 3, 8, 9; clauses 3.1, 3.2, 3.3, 8.2–8.4, 9.1–9.10).","Significant delegated discretion to the CEO and Council (exemptions, policy-making, condition-setting, variations and determinations) increasing administrative discretion and uneven compliance outcomes (CEO exemption powers: clauses 3.1(2),(3); 6.2(2); permit condition/policy mechanics: clauses 9.3–9.5; policy procedures: Part 11).","Multiple enforcement and compliance pathways: on-the-spot modified penalties (Schedule 1), court-based penalties up to $5,000 plus daily fines for continuing offences (clause 12.3), notices with recovery as debt (clauses 12.1–12.2), and right-to-remove/impound powers (e.g. clause 8.19).","Interlocking references to State legislation and instruments that affect interpretation and operation (Local Government Act 1995, Bush Fires Act 1954, Liquor Control Act 1988, Health Act) and to local policies and the Bush Fire Operating Procedures (definitions and cross-references: Public Places clause 1.3; Bush Fire Brigades clauses 1.3, 3.2).","Transitional and continuity provisions that preserve prior authorisations but require administrative mapping (signs under repealed laws treated as determinations: Public Places clause 2.9; transitional clauses across the three instruments: Public Places Part 13; Removal law clause 7; Bush Fire Brigades clause 2.7).","Detailed definitions and many cross-references (Part 1 of Public Places contains extensive defined terms, affecting scope and interpretation of obligations across multiple Parts).","Organisational governance layers for brigades and advisory bodies with reporting, nomination and budget timing obligations that create calendar-driven compliance (Bush Fire Brigades: clauses 2.2, 3.6–3.13, 4.6, 6.2–6.4).","Uneven cost allocation: permit fees, potential bonds or insurance requirements, and cost recovery for remedial works or removal (permit conditions and bonds: clause 9.3(g)–(i); damage recovery: Public Places clause 4.10; Removal law clauses 4 and 7)."],"plain_english_summary":"These three local laws set the Shire of Yilgarn’s practical rules for (1) use and trading in public places and on local government property, (2) removal of refuse and overgrown vegetation, and (3) the establishment, membership and equipment of bush fire brigades. They create permit systems, compliance duties, notice-and-enforcement powers and penalties. The laws affect residents, landowners, traders, volunteers and permit applicants; who pays (fees, remedial costs), who decides (Council, CEO, authorised persons) and what behaviour is allowed or prohibited are defined in the clauses."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-yilgarn-bush-fire-brigade-local-law-2025","history":"/api/acts/shire-of-yilgarn-bush-fire-brigade-local-law-2025/history","analysis":"/api/acts/shire-of-yilgarn-bush-fire-brigade-local-law-2025/analysis","conflicts":"/api/acts/shire-of-yilgarn-bush-fire-brigade-local-law-2025/conflicts","importantCases":"/api/acts/shire-of-yilgarn-bush-fire-brigade-local-law-2025/important-cases","documents":"/api/acts/shire-of-yilgarn-bush-fire-brigade-local-law-2025/documents"}}