{"id":"wa-local:south-perth-city-of-waste-local-law-2017","name":"Waste Local Law 2017","slug":"south-perth-city-of-waste-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441726,"registerId":"wa-local:south-perth-city-of-waste-local-law-2017-1775956957302","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5","sectionType":"section","heading":"May 2017 GOVERNMENT GAZETTE, WA 2381","content":"5 May 2017 GOVERNMENT GAZETTE, WA 2381\nUnder the powers conferred on it by the Local Government Act 1995 and under all other enabling\npowers, the Council of the City of South Perth resolved on 28 March 2017 to make this local law.\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1.1 Title\nThis is the City of South Perth Parking Local Law 2017.\n1.2 Commencement\nThis local law will come into operation 14 days after the day on which it is published in the\nGovernment Gazette.\n1.3 Repeal\nThe City of South Perth Parking Local Law 2011 published in the Government Gazette on 18 October\n2011 is repealed.\n1.4 Application\n(1) Except as set out in this clause, this local law applies to the whole of the district.\n(2) This local law does not apply to—\n(a) the approach and departure prohibition areas of all existing and future traffic control signal\ninstallations as determined by the Commissioner of Main Roads;\n(b) the prohibition areas that apply to all existing and future bridges and subways as determined\nby the Commissioner of Main Roads; and\n(c) any road which comes under the control of the Commissioner of Main Roads unless the\ncontrol of parking and parking facilities on that road is carried out subject to the control and\ndirection of the Commissioner of Main Roads or has been delegated by the Commissioner to\nthe local government.\n(3) This local law does not apply to a parking facility or a parking station that is not occupied by the\nlocal government, unless the local government and the owner or occupier of that facility or station\nhave agreed in writing that this local law will apply to that facility or station.\n(4) The agreement referred to in subclause (3) may be made on such terms and conditions as the\nparties may agree.\n1.5 Terms used\nIn this local law—\nAct means the Local Government Act 1995;\nauthorised person means a person appointed by the local government under section 9.10 of the\nAct, to perform any of the functions of an authorised person under this local law;\nauthorised vehicle means a vehicle authorised by the local government, the CEO or an\nauthorised person, or by any written law, to park on a thoroughfare or parking facility;\nbay includes ‘stall’ and ‘space’;\nbicycle has the meaning given to it in the Code;\nbicycle lane has the meaning given to it in the Code;\nbus has the meaning given to it in the Code;\nbus embayment has the meaning given to it in the Code;\nbus stop has the meaning given to it in the Code;\nbus zone has the meaning given to it in the Code;\ncaravan has the meaning given in the Caravan Parks and Camping Grounds Act 1995;\n\n","sortOrder":1},{"sectionNumber":"2382","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2382 GOVERNMENT GAZETTE, WA 5 May 2017\ncarriageway means—\n(a) a portion of thoroughfare that is improved, designed or ordinarily used for vehicular\ntraffic and includes the shoulders, and areas, including embayments, at the side or centre\nof the carriageway, used for the stopping or parking of vehicles; and\n(b) where a thoroughfare has two or more of those portions divided by a median strip, the\nexpression means each of those portions, separately;\ncentre, in relation to a carriageway, means a line or a series of lines, marks or other\nindications—\n(a) for a two-way carriageway—placed so as to delineate vehicular traffic travelling in\ndifferent directions; or\n(b) in the absence of any such lines, marks or other indications—the middle of the main,\ntravelled portion of the carriageway;\nchildren’s crossing has the meaning given to it in the Code;\nCEO means the Chief Executive Officer of the local government;\nCode means the Road Traffic Code 2000;\ncommercial vehicle—\n(a) means a motor vehicle constructed for the conveyance of goods or merchandise, or for the\nconveyance of materials used in any trade, business, industry or work whatsoever, other\nthan a motor vehicle for the conveyance of passengers; and\n(b) includes any motor vehicle that is designed primarily for the carriage of persons, but\nwhich has been fitted or adapted for the conveyance of the goods, merchandise or\nmaterials referred to, and is in fact used for that purpose;\ndisability parking permit has the meaning given to it in the Local Government (Parking for\nPeople with Disabilities) Regulations 2014;\ndistrict means the district of the local government;\ndriver means any person driving or in control of a vehicle;\nedge line for a carriageway means a line marked along the carriageway at or near the far left or\nthe far right of the carriageway;\nemergency vehicle has the meaning given to it in the Code;\nfootpath has the meaning given to it in the Code;\nGVM (which stands for ‘gross vehicle mass’) has the meaning given to it in the Code;\nloading zone means a parking bay which is set aside for use by commercial vehicles if there is a\nsign referable to that bay marked ‘loading zone’;\nlocal government means the City of South Perth;\nmail zone has the meaning given to it in the Code;\nmedian strip has the meaning given to it in the Code;\nmetered bay means a section or part of a metered zone that is adjacent to a ticket issuing\nmachine and that is marked or defined by painted lines or by metallic studs or similar devices\nfor the purpose of indicating where a vehicle may be parked on payment of a fee or charge;\nmetered zone means any thoroughfare or reserve, or part of any thoroughfare or reserve, in\nwhich ticket issuing machines regulate the parking of vehicles;\nmotor cycle has the meaning given to it in the Code;\nmotor vehicle—\n(a) means a self-propelled vehicle that is not operated on rails; and\n(b) includes a trailer, semi-trailer or caravan while attached to a motor vehicle, but does not\ninclude a power assisted pedal cycle;\nnature strip has the meaning given to it in the Code;\nno parking area has the meaning given to it in the Code;\nno parking sign means a sign with—\n(a) the words ‘no parking’ in red letters on a white background; or\n(b) the letter ‘P’ within a red annulus and a red diagonal line across it on a white\nbackground;\nno stopping area has the meaning given to it in the Code and includes a clearway as set out in\nthe Code;\nno stopping sign means a sign with—\n(a) the words ‘no stopping’ or ‘no standing’ in red letters on a white background; or\n(b) the letter ‘S’ within a red annulus and a red diagonal line across it on a white\nbackground;\noccupier has the meaning given to it in the Act;\nowner—\n(a) where used in relation to a vehicle licensed under the Road Traffic Act 1974, means the\nperson in whose name the vehicle has been registered under that Act;\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2383\n(b) where used in relation to any other vehicle, means the person who owns, or is entitled to\npossession of that vehicle; and\n(c) where used in relation to land, has the meaning given to it by the Act;\npark has the meaning given to it in the Code;\nparking area has the meaning given to it in the Code;\nparking facilities includes—\n(a) land, buildings, shelters, parking stations, metered zones, metered bays, parking bays\nand other facilities open to the public generally for the parking of vehicles with or without\ncharge; and\n(b) signs, notices and facilities used in connection with the parking of vehicles;\nparking region means the area to which this local law applies, as described in clause 1.4;\nparking bay means a section or part of a thoroughfare or of a parking station which is marked or\ndefined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the\npurpose of indicating where a vehicle may be parked, but does not include a metered bay;\nparking station means any land, or structure provided for the purpose of accommodating\nvehicles with or without charge, but does not include a metered zone or metered bay;\npath has the meaning given to it in the Code;\npedestrian crossing has the meaning given to it in the Code;\npenalty unit means the amount prescribed by the local government as a standard penalty unit\nin the City of South Perth Penalty Units Local Law;\npeople with disabilities parking sign has the meaning given to it in the Code;\npublic bus has the meaning given to it in the Code;\npublic place means any place to which the public has access whether or not that place is on\nprivate property;\nreserve means any land—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997; or\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act;\nright of way means a portion of land that is—\n(a) shown and marked ‘Right of Way’ or ‘R.O.W’, or coloured or marked in any other way to\nsignify that the portion of land is a right of way, on any plan or diagram deposited with\nthe Registrar of Titles that is subject to the provisions of section 167A of the Transfer of\nLand Act 1893;\n(b) shown on a diagram or plan of survey relating to a subdivision that is created as a right\nof way and vested in the Crown under section 152 of the Planning and Development\nAct 2005; or\n(c) shown and marked as a right of way on a map or plan deposited with the Registrar of\nTitles and transferred to the Crown under the Transfer of Land Act 1893, but does not\ninclude—\n(i) a private driveway; or\n(ii) a right of way created by easement between two parties;\nRoad Traffic Act means the Road Traffic Act 1974;\nSchedule means a Schedule to this local law;\nshared zone has the meaning given to it in the Code;\nsign includes a traffic sign, inscription, road marking, mark, structure or device on which may be\nshown words, numbers, expressions or symbols, that is—\n(a) approved by the local government; and\n(b) placed on or near a thoroughfare or within a parking station or reserve for the purpose of\nprohibiting, regulating, guiding, directing or restricting the parking of vehicles;\nspecial purpose vehicle has the meaning given to it in the Code;\nstop has the meaning given to it in the Code;\nsymbol includes any symbol specified by Australian Standard 1742.11-1999 Manual of uniform\ntraffic control devices—Parking controls and any symbol specified from time to time by\nStandards Australia for use in the regulation of parking, and any reference to the wording of\nany sign in this local law includes a reference to the corresponding symbol;\ntaxi means a taxi within the meaning of the Taxi Act 1994 or a taxi-car in section 47Z of the\nTransport Co-ordination Act 1966;\ntaxi zone has the meaning given to it in the Code;\nthoroughfare has the meaning given to it by the Act;\nticket issuing machine means a ticket issuing machine which issues, as a result of money being\ninserted in the machine or such other form of payment as may be permitted to be made, a\nticket showing the period during which it is to be lawful to remain parked in a metered bay to\nwhich the machine is referable;\n\n","sortOrder":2},{"sectionNumber":"2384","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2384 GOVERNMENT GAZETTE, WA 5 May 2017\ntraffic island has the meaning given to it in the Code;\ntrailer has the meaning given to it in the Code;\nunattended, in relation to a vehicle, means that the driver has left the vehicle and is more than\n3 metres from the closest point of the vehicle;\nvehicle has the meaning given to it in the Road Traffic Act; and\nverge has the same meaning as nature strip.\n1.6 Application of particular terms\n(1) In applying the definitions of no parking area and parking area, an arrow inscribed on a sign\nerected at an angle to the boundary of the carriageway is taken to be pointing in the direction in\nwhich it would point if the sign was turned at an angle of less than 90 degrees until parallel with the\nboundary.\n(2) Unless the context otherwise requires, where a term is used, but not defined, in this local law, and\nthat term is defined in the Road Traffic Act or in the Code, then the term is to have the meaning\ngiven to it in that Act or the Code.\n1.7 Pre-existing signs\n(1) A sign that—\n(a) was erected by the local government or the Commissioner of Main Roads before the\ncommencement of this local law; and\n(b) relates to the parking of vehicles within the parking region,\nis taken to have been erected by the local government under this local law.\n(2) An inscription, word, number, expression or symbol on a sign referred to in subclause (1) operates\nand has effect according to its tenor.\n(3) Where an inscription, word, number, expression or symbol on a sign referred to in subclause (1)\nrelates to the stopping of vehicles, it is taken for the purposes of this local law to operate and have\neffect as if it related to the parking of vehicles.\n1.8 Classes of vehicles\nFor the purposes of this local law, vehicles are divided into classes as follows—\n(a) buses;\n(b) commercial vehicles;\n(c) motor cycles and bicycles;\n(d) taxis; and\n(e) all other vehicles.\n1.9 Part of thoroughfare to which sign applies\nWhere under this local law the parking of vehicles in a thoroughfare is controlled by a sign, the sign is\nto be read as applying to that part of the thoroughfare which—\n(a) is beyond the sign;\n(b) is between that sign and the next sign; and\n(c) is on that side of the thoroughfare nearest to the sign.\n1.10 Powers of the local government\nThe local government may prohibit or regulate by signs, the stopping or parking of any vehicle or any\nclass of vehicles in any part of the parking region but must do so consistently with the provisions of\n1.11 Alternative methods of payment for parking\n(1) The local government may authorise a person to park, or to pay for parking, in advance or in\narrears by issuing (electronically or otherwise) a permit, invoice, ticket or pass (referred to in this\nclause as an Alternative Method of Payment).\n(2) A person who has been authorised by the local government to make an Alternative Method of\nPayment for parking is exempt from paying fees at the relevant parking facility providing that he or\nshe complies with the terms of the Alternative Method of Payment.\n(3) An Alternative Method of Payment may not be used by any person other than the person who\nreceived authorisation by the local government.\n","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"METERED ZONES","content":"PART 2—METERED ZONES\n2.1 Determination of metered zones\n(1) The local government may constitute, determine and indicate by signs, metered bays and metered\nzones.\n(2) In respect of metered bays and metered zones the local government may determine, and may\nindicate by signs—\n(a) permitted times and conditions of parking depending on and varying with the locality;\n(b) classes of vehicles which are permitted to park;\n(c) the amount payable for parking; and\n(d) the manner of parking.\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2385\n(3) Where the local government makes a determination under subclauses (1) and (2) it shall erect\nsigns to give effect to the determination.\n2.2 Parking fee to be paid\nSubject to clause 2.5, a person must not park a vehicle in a metered bay unless the appropriate fee as\nindicated by a sign on the ticket issuing machine referable to the bay is inserted into the ticket\nissuing machine or is otherwise paid under clause 1.11.\n2.3 Limitation on parking in metered bay\nThe payment of the fee under clause 2.2 entitles a person to park the vehicle in a metered bay for the\nperiod shown on the ticket issuing machine, except where, at any time during that period, parking in\nthat bay is prohibited under this local law (such as by a sign that applies to that bay).\n2.4 No parking when meter is expired\nSubject to clause 2.5, a person must not, during the hours when a fee is payable to park the vehicle in\na metered bay—\n(a) leave the vehicle in the metered bay; or\n(b) permit the vehicle to remain parked in the metered bay,\nwhen the ticket issuing machine referable to that metered bay exhibits the sign ‘Expired’ or a\nnegative time.\n2.5 Suspension of requirement to pay fee\nThe local government may from time to time declare that clauses 2.2 and 2.4 are not to apply during\nthe period specified in the resolution.\n2.6 Vehicles to be within metered bay\n(1) Subject to subclause (2), a person must not park a vehicle in a metered bay in a thoroughfare\notherwise than—\n(a) wholly within the metered bay; and\n(b) where the metered bay is set out parallel to the kerb—parallel to and as close to the kerb as\npracticable.\n(2) If a vehicle is too long or too wide to fit completely within a single metered bay then the person\nparking the vehicle must do so within the minimum number of metered bays needed to park that\nvehicle.\n(3) A person must not park a vehicle partly within and partly outside a metered zone.\n2.7 Permitted insertions in ticket issuing machines\n(1) A person must not insert into a ticket issuing machine anything other than the designations of\ncoins or banknotes or such other permitted form of payment indicated by a sign on the ticket issuing\nmachine.\n(2) The insertion of a coin or banknote into any ticket issuing machine, or the making of payment in\nsuch other form as may be permitted, must be effected only in accordance with the instructions\nprinted on that particular meter.\n2.8 Parking ticket to be clearly visible\n(1) This clause does not apply to a person who parks a vehicle in a metered zone in accordance with\nthe terms of an Alternative Method of Payment under clause 1.11.\n(2) A driver of a vehicle left parked in a metered zone which is regulated by a ticket issuing machine\nmust, on purchasing a ticket from the ticket issuing machine for a period of parking—\n(a) place the ticket inside the vehicle in a position where—\n(i) the ticket is clearly visible to; and\n(ii) the expiry time on the ticket is able to be read by,\nan authorised person examining the ticket from outside the vehicle; and\n(b) ensure that, for the purpose of the ticket being displayed in the vehicle, or otherwise being\nused for the purposes of this local law, the ticket is not damaged, defaced or altered.\n2.9 One vehicle per metered bay\nA person must not park or attempt to park a vehicle in a metered bay in which another vehicle is\nparking or has parked.\n2.10 No parking when hood on meter\nDespite any other provision of this local law and despite any other sign or notice, a person must not\npark a vehicle in a metered bay if the ticket issuing machine referable to the metered bay has a hood\nmarked ‘No Parking’, ‘Reserved Parking’ or ‘Temporary Bus Stand’ or an equivalent symbol depicting\none or more of these purposes, except with the permission of the local government or an authorised\nperson.\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"PARKING BAYS AND PARKING STATIONS","content":"PART 3—PARKING BAYS AND PARKING STATIONS\n3.1 Determination of parking bays and parking stations\n(1) The local government may constitute, determine and indicate by signs—\n(a) parking bays;\n\n","sortOrder":5},{"sectionNumber":"2386","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2386 GOVERNMENT GAZETTE, WA 5 May 2017\n(b) parking stations;\n(c) permitted time and conditions of parking in parking bays and parking stations which may\nvary with the locality;\n(d) permitted classes of vehicles which may park in parking bays and parking stations;\n(e) permitted classes of persons who may park in specified parking bays or parking stations; and\n(f) the manner of parking in parking bays and parking stations.\n(2) Where the local government makes a determination under subclause (1) it shall erect signs to give\neffect to the determination.\n3.2 Vehicles to be within parking bay on thoroughfare\n(1) Subject to subclause (2), a person must not park a vehicle in a parking bay in a thoroughfare\notherwise than—\n(a) where the parking bay is set out parallel to the kerb—parallel to and as close to the kerb as is\npracticable;\n(b) wholly within the bay; and\n(c) headed in the direction of the movement of traffic on the side of the thoroughfare in which the\nbay is situated.\n(2) If a vehicle is too long or too wide to fit completely within a single parking bay then the person\nparking the vehicle must do so within the minimum number of parking bays needed to park that\nvehicle.\n(3) A person must not park a vehicle partly within and partly outside a parking area.\n3.3 Parking in a parking station\n(1) This clause does not apply to a person who parks a vehicle, or who permits a vehicle to remain\nparked, in a parking station in accordance with the terms of an Alternative Method of Payment under\nclause 1.11.\n(2) If a parking station has an authorised person on duty, a person must not park a vehicle, or permit\na vehicle to remain parked, in the parking station during any period for which a fee is payable unless\nthe appropriate fee is paid when demanded by the authorised person.\n(3) If a parking station is equipped with a ticket issuing machine, a person must not park a vehicle, or\npermit a vehicle to remain parked, in the parking station during any period for which a fee is payable\nunless—\n(a) the appropriate fee is inserted in the ticket issuing machine or the required payment is made\nin such other form as may be permitted;\n(b) the ticket issued from the ticket issuing machine is placed inside the vehicle in a position\nwhere—\n(i) it is clearly visible to; and\n(ii) the expiry time on the ticket is able to be read by,\nan authorised person examining the ticket from outside the vehicle; and\n(c) the ticket is not an expired ticket.\n(4) For the purposes of clause 3.3(3)(c), a ticket is an expired ticket if the expiry time printed on the\nticket has passed, or if the period printed on the ticket during which the ticket remains valid has\nended.\n3.4 Suspension of parking station restrictions\nThe local government may determine that clause 3.3 is not to apply during the period, in relation to a\nparticular parking station, specified in the resolution.\n3.5 Vehicle not to be removed until fee paid\nA person must not remove a vehicle which has been parked in a parking station until the appropriate\nfee has been paid for the period during which the vehicle has been parked.\n3.6 Entitlement to receipt\nA person paying a fee at a parking station is entitled to receive a receipt on demand showing the\nperiod of parking covered by the payment.\n3.7 Parking prohibitions and restrictions\n(1) A person must not—\n(a) park a vehicle so as to obstruct an entrance to, or an exit from a parking station, or an access\nway within a parking station;\n(b) except with the permission of the local government or an authorised person park a vehicle on\nany part of a parking station contrary to a sign referable to that part;\n(c) permit a vehicle to park on any part of a parking station, if an authorised person directs the\ndriver of the vehicle to move the vehicle; or\n(d) park or attempt to park a vehicle in a parking bay in which another vehicle is parked but this\nparagraph does not prevent the parking of a motor cycle and a bicycle together in a bay\nmarked ‘M/C’, if the bicycle is parked in accordance with subclause (3).\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2387\n(2) Despite subclause (1)(b), a driver may park a vehicle in a bay that is in a parking area (except\nwhere it is in a parking area for people with a disability) for twice the length of time allowed if—\n(a) the driver’s vehicle displays a disability parking permit; and\n(b) a person with a disability to whom that disability parking permit relates is either the driver\nof, or a passenger in, the vehicle.\n(3) A person must not park a bicycle—\n(a) in a parking bay other than in a bay marked ‘M/C’; and\n(b) in such bay other than against the kerb.\n","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"PARKING GENERALLY","content":"PART 4—PARKING GENERALLY\n4.1 Restrictions on parking in particular areas\n(1) Subject to subclause (3), a person must not park a vehicle in a thoroughfare or part of a\nthoroughfare, or part of a parking station—\n(a) if by a sign it is set apart for the parking of vehicles of a different class;\n(b) if by a sign it is set apart for the parking of vehicles by persons of a different class; or\n(c) during any period when the parking of vehicles is prohibited by a sign.\n(2) Subclause (3) applies to a driver if—\n(a) the driver’s vehicle displays a disability parking permit; and\n(b) a person with a disability to whom the disability parking permit relates is either the driver of\nthe vehicle or a passenger in the vehicle.\n(3) A driver may park a vehicle in a thoroughfare or a part of a thoroughfare or part of a parking\nstation, except in a thoroughfare or a part of a thoroughfare or part of a parking station to which a\npeople with disabilities parking sign relates, for twice the period indicated on the sign.\n(4) A person must not park a vehicle—\n(a) in a no parking area;\n(b) in a parking area, except in accordance both with the signs relating to the parking area and\nwith this local law;\n(c) in a bay marked ‘M/C’, unless the vehicle is a bicycle or a motor cycle without a sidecar or a\ntrailer;\n(d) at any time in a right of way; or\n(e) unless clause 4.12 applies, for more than the maximum time specified by a sign.\n(5) A person must not, without the prior permission of the local government, the CEO, or an\nauthorised person, park a vehicle in an area designated by a sign stating ‘Authorized Vehicles Only’\nor ‘Authorised Vehicles Only’.\n4.2 Parking with a permit\n(1) A sign may indicate that all or part of a parking station or road is set aside, during the period\nindicated on the sign, for the parking of vehicles with a permit.\n(2) The local government may issue to a person a permit in respect of all or part of a parking station\nor a road referred to in subclause (1).\n(3) A person must not park or stop a vehicle, or permit a vehicle to remain parked, in a parking\nstation or road that is set aside under subclause (1) unless the permit issued under subclause (2) is\ndisplayed inside the vehicle so that it is clearly visible to an authorised person examining the permit\nfrom outside the vehicle.\n(4) The local government may, at any time, revoke a permit issued under subclause (2).\n4.3 Event parking\n(1) A sign may indicate that all or part of a parking station, road or public place is set aside, during\nthe period indicated on the sign, for the parking of vehicles by persons attending a particular event.\n(2) The local government may issue to a person a permit in respect of all or part of a parking station,\nroad or public place for an event referred to in subclause (1).\n(3) A person must not park or stop a vehicle, or permit a vehicle to remain parked, in any area that is\nset aside under subclause (1) unless the permit issued under subclause (2) for the relevant event is\ndisplayed inside the vehicle so that it is clearly visible to an authorised person examining the ticket\nfrom outside the vehicle.\n4.4 General no parking zone\n(a) general no parking zone means the area bounded by and including South Terrace to the\nsouth, Canning Highway to the east and the Swan River foreshore to the west and north; and\n(b) the general no parking zone applies from 6.00am on 26 January to 6.00pm on 27 January\neach year.\n(2) Where a general no parking zone applies, the local government must erect a sign at entry points to\nthe general no parking zone indicating—\n(a) the area that is a general no parking zone; and\n\n","sortOrder":7},{"sectionNumber":"2388","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2388 GOVERNMENT GAZETTE, WA 5 May 2017\n(b) the dates and times during which the area is a general no parking zone.\n(3) A driver must not park a vehicle on the road or a nature strip in a general no parking zone.\n4.5 Parking vehicle on a carriageway\n(1) Unless otherwise permitted by a sign, a person parking a vehicle on a carriageway must park it—\n(a) in the case of a two-way carriageway, so that it is as near as practicable to and parallel with,\nthe left boundary of the carriageway and headed in the direction of the movement of traffic on\nthe side of the thoroughfare on which the vehicle is parked; and\n(b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with\neither boundary of the carriageway and headed in the direction of the movement of traffic on\nthe side of the thoroughfare on which the vehicle is parked.\n(2) Unless otherwise permitted by a sign, a person parking a vehicle on a carriageway other than in a\nparking bay must park it—\n(a) so that at least 3 metres of the width of the carriageway lies between—\n(i) the vehicle and the farther boundary of the carriageway, or any continuous dividing\nline or median strip; or\n(ii) between the vehicle and any part of a vehicle parked on the farther side of the\ncarriageway;\n(b) so that the front and the rear of the vehicle respectively is not less than 1 metre from any\nother vehicle, except a motor cycle without a trailer, or a bicycle parked in accordance with\nthis local law; and\n(c) so that it does not obstruct any vehicle on the carriageway.\n(3) In this clause, continuous dividing line means—\n(a) a single continuous dividing line only;\n(b) a single continuous dividing line to the left or right of a broken dividing line; or\n(c) 2 parallel continuous dividing lines.\n4.6 When parallel and right-angled parking apply\nWhere a sign relating to a parking area is not inscribed with the words ‘angle parking’ (or with an\nequivalent symbol depicting this purpose), then unless a sign relating to the parking area indicates,\nthat vehicles have to park in a different position, where the parking area is—\n(a) adjacent to the boundary of a carriageway—a person parking a vehicle in the parking area\nmust park it as near as practicable to and parallel with that boundary; and\n(b) at or near the centre of the carriageway—a person parking a vehicle in that parking area\nmust park it at approximately right angles to the centre of the carriageway.\n4.7 When angle parking applies\n(1) This clause does not apply to—\n(a) a passenger vehicle of over 3 tonnes;\n(b) a commercial vehicle with a mass including any load, of over 3 tonnes; or\n(c) a person parking either a motor cycle without a trailer or a bicycle.\n(2) Where a sign relating to a parking area is inscribed with the words ‘angle parking’ (or with an\nequivalent symbol depicting this purpose), a person parking a vehicle in the area must park the\nvehicle at an angle of approximately 45 degrees to the centre of the carriageway, unless otherwise\nindicated by the sign or by marks on the carriageway.\n4.8 General prohibitions on parking\n(1) This clause does not apply to a vehicle parked in a parking bay or to a bicycle in a bicycle rack.\n(2) Subclauses (3)(c), (e) and (g) do not apply to a vehicle parked in a bus embayment.\n(3) Subject to any law relating to intersections with traffic control signals and unless a mark or other\nsign on the carriageway indicates otherwise, a person must not park a vehicle so that any portion of\nthe vehicle is—\n(a) between any other stationary vehicle and the centre of the carriageway;\n(b) on or adjacent to a median strip;\n(c) obstructing a right of way, private drive or carriageway or so close as to deny a vehicle\nreasonable access to or egress from the right of way, private drive or carriageway;\n(d) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the\nthoroughfare, if the vehicle would obstruct traffic;\n(e) on or within 10 metres of any portion of a carriageway bounded by a traffic island;\n(f) on any footpath or pedestrian crossing;\n(g) between the boundaries of a carriageway and any double longitudinal line consisting of two\ncontinuous lines;\n(h) between a double longitudinal line consisting of a continuous line and a broken or dotted line\nand the boundary of a carriageway nearer to the continuous line, unless there is a distance of\nat least 3 metres clear between the vehicle and the double longitudinal line;\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2389\n(i) on an intersection, except adjacent to a carriageway boundary that is not broken by an\nintersecting carriageway;\n(j) within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of\na fire hydrant or fire plug;\n(k) within 3 metres of a public letter pillar box, unless the vehicle is being used for the purposes\nof collecting postal articles from the public letter pillar box;\n(l) within 10 metres of the prolongation of the nearer edge of any intersecting thoroughfare\n(without traffic-control signals) intersecting that carriageway on the side on which the vehicle\nis parked; or\n(m) on a carriageway within 20 metres from the nearest point of an intersecting carriageway at\nan intersection with traffic-control signals.\n(4) A person must not park a vehicle so that any portion of the vehicle is within 20 metres of the\napproach site, or within 10 metres of the departure side, of—\n(a) a sign inscribed with the words ‘Bus Stop’ or ‘Hail Bus Here’ (or with equivalent symbols\ndepicting these purposes) unless the vehicle is a bus stopped to take up or set down\npassengers; or\n(b) a children’s crossing or pedestrian crossing.\n(5) A person must not park a vehicle so that any portion of the vehicle is within 20 metres of either\nthe approach side, or the departure side, of the nearest rail of a railway level crossing.\n4.9 Authorised person may order vehicle to be moved\nThe driver of a vehicle must not park that vehicle on any part of a thoroughfare in contravention of\nthis local law after an authorised person has directed the driver to move it.\n4.10 Authorised person may mark tyres\n(1) An authorised person may mark the tyres of a vehicle parked in a parking facility with chalk or\nany other non-indelible substance for a purpose connected with or arising out of his or her functions.\n(2) A person must not remove a mark made by an authorised person so that the purpose of making\nthe mark is defeated or likely to be defeated.\n4.11 Restrictions on avoiding time limitations\n(1) Where the parking of vehicles in a parking facility is permitted for a limited time, a person must\nnot move a vehicle within the parking facility so that the total time of parking exceeds the maximum\ntime allowed for parking in the parking facility.\n(2) Where the parking of vehicles in a thoroughfare is permitted for a limited time, a person must not\nmove a vehicle along that thoroughfare so that the total time of parking exceeds the maximum time\npermitted, unless the vehicle has first been removed from the thoroughfare for at least 2 hours.\n(3) Where, in a parking facility or thoroughfare—\n(a) the parking of a vehicle is prohibited unless a ticket from a ticket issuing machine is\ndisplayed from inside the vehicle; and\n(b) a period of free parking is permitted before a fee for parking applies,\na person must not, at any time within the same day, obtain or use more than one ticket for the same\nvehicle in that parking facility.\n4.12 No parking of vehicles exposed for sale and in other circumstances\nA person must not park a vehicle on any portion of a thoroughfare or local government property—\n(a) for the purpose of exposing it for sale;\n(b) if, where the vehicle is required to be licensed under the Road Traffic Act—\n(i) the vehicle is not licensed under the Road Traffic Act; or\n(ii) each number plate issued for the vehicle is not fixed to the vehicle and displayed in\naccordance with regulation 119 of the Road Traffic (Vehicles) Regulations 2014;\n(c) if that vehicle is a trailer or a caravan unattached to a motor vehicle; or\n(d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable\nthe vehicle to be moved to a place other than the thoroughfare.\n4.13 Parking on private land\n(1) In this clause a reference to land does not include land—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997;\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act; or\n(d) which is the subject of an agreement referred to in clause 1.4(3).\n(2) A person must not park a vehicle on land without the consent of the owner or occupier of the land\non which the vehicle is parked.\n(3) Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to\nthe parking of vehicles of a specified class or classes on the land for a limited period, a person must\nnot park a vehicle on the land otherwise than in accordance with the consent.\n\n","sortOrder":8},{"sectionNumber":"2390","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2390 GOVERNMENT GAZETTE, WA 5 May 2017\n4.14 Parking on reserves\nOther than an employee of the local government in the course of his or her functions or a person\nauthorised by the local government, a person must not drive or park a vehicle on or over any portion\nof a reserve other than upon an area specifically set aside for that purpose.\n4.15 Suspension of parking limitations\n(1) Where by a sign the parking of vehicles is permitted for a limited time on a portion of a\nthoroughfare or parking facility, the local government, the CEO or an authorised person may, subject\nto the Code, permit a person to park a vehicle in that portion of the thoroughfare or parking facility\nfor longer than the permitted time in order for the person to carry out urgent, essential or official\nfunctions.\n(2) Where permission is granted under subclause (1), the local government, the CEO or an authorised\nperson may prohibit the use by any other vehicle of that portion of the thoroughfare or parking\nfacility to which the permission relates, for the duration of that permission.\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"STOPPING GENERALLY","content":"PART 5—STOPPING GENERALLY\n5.1 No stopping\n(1) A driver must not stop on a length of carriageway, or in an area, to which a no stopping sign\napplies.\n(2) A driver must not stop at the side of a carriageway marked with a continuous yellow edge line.\n(3) A driver must not stop in a bicycle lane unless the driver is driving a public bus or taxi, and is\ndropping off, or picking up, passengers.\n5.2 No parking\nA driver must not stop on a length of carriageway or in an area to which a no parking sign applies,\nunless the driver—\n(a) is dropping off, or picking up, passengers or goods;\n(b) does not leave the vehicle unattended; and\n(c) completes the dropping off, or picking up, of the passengers or goods within 2 minutes of\nstopping and drives on.\n","sortOrder":10},{"sectionNumber":"Part 6","sectionType":"part","heading":"STOPPING IN ZONES FOR PARTICULAR VEHICLES","content":"PART 6—STOPPING IN ZONES FOR PARTICULAR VEHICLES\n6.1 Stopping in a loading zone\nA person must not stop a vehicle in a loading zone unless it is—\n(a) a commercial vehicle engaged in the picking up or setting down of goods; or\n(b) a motor vehicle taking up or setting down passengers,\nand, in any event, the vehicle must not remain in that loading zone—\n(c) for longer than a time indicated on the ‘loading zone’ sign; or\n(d) for longer than 30 minutes (if no time is indicated on the ‘loading zone’ sign).\n6.2 Stopping in a taxi zone or a bus zone\n(1) A driver must not stop in a taxi zone, unless the driver is driving a taxi.\n(2) A driver must not stop in a bus zone unless the driver is driving a public bus, or a bus of a type\nthat is permitted to stop at the bus zone by information on or with the ‘bus zone’ sign applying to the\nbus zone.\n6.3 Stopping in a mail zone\nA person must not stop a vehicle in a mail zone.\n6.4 Other limitations in zones\nA person must not stop a vehicle in a zone to which a sign applies if stopping the vehicle would be\ncontrary to any limitation with respect to the class of persons or vehicles, or the specific activity\nallowed, as indicated by additional words on the sign.\n","sortOrder":11},{"sectionNumber":"Part 7","sectionType":"part","heading":"OTHER PLACES WHERE STOPPING IS RESTRICTED","content":"PART 7—OTHER PLACES WHERE STOPPING IS RESTRICTED\n7.1 Stopping in a shared zone\nA driver must not stop in a shared zone unless—\n(a) the driver stops at a place on a length of carriageway, or in an area, to which a sign applies\nand the driver is permitted to stop at that place under this local law;\nthis local law;\n(c) the driver is dropping off, or picking up, passengers or goods; or\n(d) the driver is engaged in door-to-door delivery or collection of goods, or in the collection of\nwaste or garbage.\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2391\n7.2 Double parking\n(1) A driver must not stop a vehicle so that any portion of the vehicle is between any other stopped\nvehicle and the centre of the carriageway.\n(2) This clause does not apply to—\n(a) a driver stopped in traffic; or\n(b) a driver angle parking on the side of the carriageway or in a median strip parking area, in\naccordance with this local law.\n7.3 Stopping near an obstruction\nA driver must not stop on a carriageway near an obstruction on the carriageway in a position that\nfurther obstructs traffic on the carriageway.\n7.4 Stopping on a bridge or in a tunnel, etc.\n(1) A driver must not stop a vehicle on a bridge, causeway, ramp or similar structure unless—\n(a) the carriageway is at least as wide on the structure as it is on each of the approaches and a\nsign does not prohibit stopping; or\n(b) the driver stops at a place on a length of carriageway, or in an area, to which a sign applies\nand the driver is permitted to stop at that place under this local law.\n(2) A driver must not stop a vehicle in a tunnel or underpass unless—\n(a) the carriageway is at least as wide in the tunnel or underpass as it is on each of the\napproaches and a sign does not prohibit stopping; or\n(b) the driver of a motor vehicle stops at a bus stop, or in a bus zone or parking area marked on\nthe carriageway, for the purpose of setting down or taking up passengers.\n7.5 Stopping on crests, curves, etc.\nA driver must not stop a vehicle on, or partly on, a carriageway, in any position where it is not visible\nto the driver of an overtaking vehicle from a distance of 50 metres.\n7.6 Stopping near a fire hydrant etc.\nA driver must not stop a vehicle so that any portion of the vehicle is within one metre of a fire\nhydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug,\nunless—\n(a) the driver is driving a public bus, and the driver stops in a bus zone or at a bus stop and does\nnot leave the bus unattended; or\n(b) the driver is driving a taxi, and the driver stops in a taxi zone and does not leave the taxi\nunattended.\n7.7 Stopping at or near a bus stop\n(1) A driver must not stop a vehicle so that any portion of the vehicle is within 20 metres of the\napproach side of a bus stop, or within 10 metres of the departure side of a bus stop, unless—\n(a) the vehicle is a public bus stopped to take up or set down passengers; or\n(b) the driver stops at a place on a length of carriageway, or in an area, where the driver is\npermitted to stop at that place under this local law, whether by a sign or otherwise.\n(2) In this clause, distances are measured in the direction in which the driver is driving.\n7.8 Stopping on a path, median strip or traffic island\nThe driver of a vehicle (other than a bicycle or an animal) must not stop so that any portion of the\nvehicle is on a path, traffic island or median strip, unless the driver stops in a place where the driver\nis permitted to stop at that place under this local law, whether by a sign or otherwise.\n7.9 Stopping on a verge\n(1) A person must not—\n(a) stop a vehicle (other than a bicycle);\n(b) stop a commercial vehicle or bus, or a trailer or caravan unattached to a motor vehicle; or\n(c) stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a\nsign adjacent and referable to that verge,\nso that any portion of it is on a verge.\n(2) Subclause (1)(a) does not apply to the person if he or she is—\n(a) the owner or occupier of the premises immediately adjacent to that verge; or\n(b) is authorised by the occupier of those premises to stop the vehicle so that any portion of it is\non that verge.\n(3) Subclause (1)(b) does not apply to a commercial vehicle if—\n(a) it is being loaded or unloaded with reasonable expedition with goods or merchandise collected\nfrom or delivered to the premises adjacent to the portion of the verge on which the\ncommercial vehicle is parked; and\n(b) no obstruction is caused to the passage of any vehicle or person using a carriageway or a\npath.\n\n","sortOrder":12},{"sectionNumber":"2392","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2392 GOVERNMENT GAZETTE, WA 5 May 2017\n7.10 Obstructing access to and from a path, driveway, etc.\n(1) A driver must not stop a vehicle so that any portion of the vehicle is in front of a path, in a position\nthat obstructs access by vehicles or pedestrians to or from that path, unless—\n(a) the driver is dropping off, or picking up, passengers; or\n(2) A driver must not stop a vehicle on or across a driveway or other way of access for vehicles\ntravelling to or from adjacent land, unless—\n(a) the driver is dropping off, or picking up, passengers; or\n7.11 Stopping near a letter box\nA driver must not stop a vehicle so that any portion of the vehicle is within 3 metres of a public letter\nbox, unless the driver—\n(a) is dropping off, or picking up, passengers or mail; or\n(b) stops at a place on a length of carriageway, or in an area, to which a sign applies and the\ndriver is permitted to stop at that place under this local law.\n7.12 Stopping on a carriageway or verge—heavy and long vehicles\n(1) Unless engaged in the picking up or setting down of goods, a person must not park, on a\ncarriageway or verge, for any period exceeding one hour, a vehicle or any combination of vehicles that,\ntogether with any projection on, or load carried by, the vehicle or combination of vehicles, is\n7.5 metres or more in length or exceeds a GVM of 3 tonnes.\n(2) Nothing in this clause affects the operation of any other clause in this local law, or any other\nwritten law relating to the parking or stopping of vehicles.\n7.13 Stopping on a carriageway with a bicycle parking sign\nThe driver of a vehicle (other than a bicycle) must not stop on a length of carriageway to which a\n‘bicycle parking’ sign applies, unless the driver is dropping off, or picking up, passengers.\n7.14 Stopping on a carriageway with motor cycle parking sign\nThe driver of a vehicle must not stop on a length of carriageway, or in an area to which a ‘motor cycle\nparking’ sign applies, or in an area marked ‘M/C’ unless—\n(a) the vehicle is a motor cycle; or\n(b) the driver is dropping off, or picking up, passengers.\n","sortOrder":13},{"sectionNumber":"Part 8","sectionType":"part","heading":"MISCELLANEOUS","content":"PART 8—MISCELLANEOUS\n8.1 Removal of notices on vehicle\nA person, other than the driver of the vehicle or a person acting under the direction of the driver of\nthe vehicle, must not remove from the vehicle any notice put on the vehicle by an authorised person.\n8.2 Unauthorised signs and defacing of signs\nA person must not without the authority of the local government—\n(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or\nexhibited by the local government under this local law;\n(b) remove, deface or misuse a sign or property, set up or exhibited by the local government\nunder this local law or attempt to do any such act; or\n(c) affix a board, sign, placard, notice or other thing to, or paint or write on, any part of a sign set\nup or exhibited by the local government under this local law.\n8.3 Signs must be complied with\nAn inscription or symbol on a sign operates and has effect according to its tenor and a person\ncontravening the direction on a sign commits an offence under this local law.\n8.4 General provisions about signs\n(1) A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the\nabsence of evidence to the contrary, presumed to be a sign marked, erected, set up, established or\ndisplayed under the authority of this local law.\n(2) The first 3 letters of any day of the week when used on a sign indicate that day of the week.\n8.5 Special purpose, emergency and vehicles driven by authorised persons\nDespite anything to the contrary in this local law—\n(a) the driver of a special purpose vehicle may, only in the course of his or her functions and\nwhen it is expedient and safe to do so, stop or park the vehicle in any place and at any time;\n(b) the driver of an emergency vehicle may, in the course of his or her functions and when it is\nexpedient and safe to do so or where he or she reasonably believes that it is expedient and\nsafe to do so, stop or park the vehicle at any place and at any time; and\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2393\n(c) an authorised person engaged in the course of his or her functions and when it is expedient\nand safe to do so or where he or she reasonably believes that it is expedient and safe to do so,\nmay stop or park a vehicle at any place and at any time.\n8.6 Vehicles not to obstruct a public place\n(1) Without the permission of the local government or unless authorised under any written law a\nperson must not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the use\nof any part of that public place.\n(2) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding\n24 hours, providing it does not pose a danger to any person, or unreasonably interfere with the use of\nthe public place.\n8.7 Permits\nWhere, under this local law, the local government has power to issue a permit, the permit may be—\n(a) issued subject to reasonable conditions; and\n(b) varied or revoked at any time, but the variation or revocation is not to take effect until notice\nof the variation or revocation has been given to the permit holder.\n","sortOrder":14},{"sectionNumber":"Part 9","sectionType":"part","heading":"ENFORCEMENT","content":"PART 9—ENFORCEMENT\n9.1 Legal proceedings\nEvidentiary provisions relating to offences involving vehicles are contained in Division 2 of Part 9 of\nthe Act.\n9.2 Offences and penalties\n(1) A person who breaches a provision of this local law commits an offence.\n(2) An offence against any provision of this local law is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(3) A person who commits an offence under this local law is to be liable, on conviction, to a penalty not\nless than $250 and not exceeding $5,000, and if the offence is of a continuing nature, to an additional\npenalty not exceeding $500 for each day or part of a day during which the offence has continued.\n(4) The amount appearing in the final column of Schedule 1 directly opposite a clause specified in that\nSchedule is the modified penalty for an offence against that clause.\n(5) If this local law expresses a modified penalty as a number of penalty units, the monetary value of\nthe modified penalty is the number of dollars obtained by multiplying the value of the penalty unit by\nthe number of penalty units.\n9.3 Form of notices\nFor the purposes of this local law—\n(a) the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 2;\n(b) the form of the infringement notice referred to in section 9.17 of the Act is that of Form 2 in\nSchedule 2;\n(c) the form of the infringement notice referred to in section 9.17 of the Act which incorporates\nthe notice referred to in section 9.13 of the Act, is that of Form 3 in Schedule 2; and\n(d) the form of the notice referred to in section 9.20 of the Act is that of Form 4 in Schedule 2.\n————\n","sortOrder":15},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"PRESCRIBED OFFENCES","content":"SCHEDULE 1—PRESCRIBED OFFENCES\n[Clause 9.2]\nItem\nNo.\nNo.\nUnit\n1. 2.2 Failure to pay fee for metered bay 8\n2. 2.3 Parking in excess of period shown on metered bay 8\n3. 2.4 Parking when meter has expired 8\n4. 2.6(1)(a) Failure to park wholly within metered bay 8\n5. 2.6(3) Parking outside metered zone 8\n6. 2.7 Non-permitted insertion in ticket issuing machine 8\n7. 2.8(2)(a) Failure to display valid ticket clearly in metered zone 8\n8. 2.8(2)(b) Displaying a ticket that is damaged, defaced or altered 8\n9. 2.9 Parking or attempting to park a vehicle in a metered bay\noccupied by another vehicle\n10. 2.10 Parking contrary to a meter hood 8\n11. 3.2(1) Failure to park wholly within parking bay 8\n12. 3.2(3) Failure to park wholly within parking area 8\n13. 3.3(3)(a) Failure to pay parking station fee 8\n\n","sortOrder":16},{"sectionNumber":"2394","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2394 GOVERNMENT GAZETTE, WA 5 May 2017\nItem\nNo.\nNo.\nUnit\n14. 3.3(3)(b) Failure to display valid ticket clearly in parking station 8\n15. 3.3(3)(c) Parking where ticket has expired 8\n16. 3.5 Leaving without paying parking station fee 8\n17. 3.7(1)(a) Causing obstruction in parking station 10\n18. 3.7(1)(b) Parking contrary to sign in parking station 8\n19. 3.7(1)(c) Parking contrary to directions of authorised person 15\n20. 3.7(1)(d) Parking or attempting to park a vehicle in a parking bay\noccupied by another vehicle\n21. 4.1(1)(a) Parking wrong class of vehicle 8\n22. 4.1(1)(b) Parking by persons of a different class 8\n23. 4.1(1)(c) Parking during prohibited period 10\n24. 4.1(4)(a) Parking in no parking area 10\n25. 4.1(4)(b) Parking contrary to signs or limitations 8\n26. 4.1(4)(c) Parking vehicle in motor cycle only area 8\n27. 4.1(4)(d) Parking vehicle in a right of way 10\n28. 4.1(4)(e) Parking vehicle in excess of maximum time 8\n29. 4.1(5) Parking without permission in an area designated for\n‘Authorised Vehicles Only’\n30. 4.2(3) Failure to display parking permit 8\n31. 4.3(3) Failure to display event parking permit 8\n32. 4.4(3) Parking unlawfully in a general no parking zone 10\n33. 4.5(1)(a) Failure to park on the left of two-way carriageway 8\n34. 4.5(1)(b) Failure to park on boundary of one-way carriageway 8\n35. 4.5(1)(a) or\n4.5(1)(b)\nParking against the flow of traffic 8\n36. 4.5(2)(a) Parking when distance from farther boundary less than\n3 metres\n37. 4.5(2)(b) Parking closer than 1 metre from another vehicle 8\n38. 4.5(2)(c) Causing obstruction to a vehicle on a carriageway 10\n39. 4.6(a) or\n4.6(b)\nFailure to park at approximate right angle or parallel to\ncarriageway\n40. 4.7(2) Failure to park at an appropriate angle 8\n41. 4.8(3)(a)\nand 7.2\nDouble parking 10\n42. 4.8(3)(b) Parking on or adjacent to a median strip 10\n43. 4.8(3)(c) Denying access to private drive or right of way 15\n44. 4.8(3)(d) Parking beside excavation or obstruction so as to obstruct\ntraffic\n45. 4.8(3)(e) Parking within 10 metres of traffic island 10\n46. 4.8(3)(f) Parking on footpath or pedestrian crossing 15\n47. 4.8(3)(g)\nand (h)\nParking contrary to continuous line markings 8\n48. 4.8(3)(i) Parking on intersection 10\n49. 4.8(3)(j) Parking within 1 metre of fire hydrant or fire plug 10\n50. 4.8(3)(k) Parking within 3 metres of public pillar letter box 8\n51. 4.8(3)(l) Parking within 10 metres of intersection 10\n52. 4.8(3)(m) Parking within 20 metres of a traffic-control signal intersection 10\n53. 4.8(4)(a) or\n(b)\nParking within 10 metres of departure side of bus stop,\nchildren’s crossing or pedestrian crossing\n54. 4.8(4)(a) or\n(b)\nParking within 20 metres of approach side of bus stop,\nchildren’s crossing or pedestrian crossing\n55. 4.8(5) Parking vehicle within 20 metres of approach side or departure\nside of railway level crossing\n56. 4.9 Parking contrary to direction of authorised person 15\n57. 4.10(2) Removing mark of authorised person 10\n58. 4.11(1) or (2) Moving vehicle to avoid time limitation 8\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2395\nItem\nNo.\nNo.\nUnit\n59. 4.11(3) Obtaining more than one free parking ticket 8\n60. 4.12(a) Parking in thoroughfare for purpose of sale 10\n61. 4.12(b) Parking unlicensed vehicle in thoroughfare 10\n62. 4.12(c) Parking a trailer or a caravan on a thoroughfare 10\n63. 4.12(d) Parking in thoroughfare for purpose of repairs 10\n64. 4.13(2) Parking on land that is not a parking facility without consent 10\n65. 4.13(3) Parking on land not in accordance with consent 10\n66. 4.14 Driving or parking on reserve 10\n67. 5.1(1) Stopping contrary to a no stopping sign 15\n68. 5.1(2) Stopping within continuous yellow edge lines 10\n69. 5.1(3) Stopping in a bicycle lane 15\n70. 5.2 Parking contrary to a no parking sign 10\n71. 6.1 Stopping unlawfully in a loading zone 8\n72. 6.2 Stopping unlawfully in a taxi zone or bus zone 8\n73. 6.3 Stopping unlawfully in a mail zone 8\n74. 6.4 Stopping in a zone contrary to a sign 8\n75. 7.1 Stopping in a shared zone 8\n76. 7.3 Stopping near an obstruction 8\n77. 7.4 Stopping on a bridge or in a tunnel, etc 10\n78. 7.5 Stopping on crests, curves, etc 10\n79. 7.6 Stopping near fire hydrant, etc 10\n80. 7.7 Stopping near bus stop 10\n81. 7.8 Stopping on path, median strip or traffic island 10\n82. 7.9 Stopping on verge 10\n83. 7.10 Obstructing a path, driveway, etc 10\n84. 7.11 Stopping near letter box 8\n85. 7.12 Stopping heavy or long vehicles on carriageway or verge 10\n86. 7.13 Stopping in bicycle parking area 10\n87. 7.14 Stopping in motor cycle parking area 10\n88. 8.6 Leaving vehicle so as to obstruct a public place 10\n89. 9.2 All other offences not specified 10\n————\n","sortOrder":17},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"INFRINGEMENTS NOTICE FORMS","content":"SCHEDULE 2—INFRINGEMENTS NOTICE FORMS\n[Clause 9.3]\nFORM 1\nNOTICE TO OWNER OF VEHICLE INVOLVED IN OFFENCE\nTo: (1) .............................................................................................................................................................\nof: (2) .............................................................................................................................................................\nIt is alleged that on .......... / .......... / .......... at (3) ........................................................................................\nat (4) ...................................................................................................................... your vehicle—\nmake: .......................................................... ;\nmodel: ......................................................... ;\nregistration: ................................................ ,\nwas involved in the commission of the following offence—..........................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\ncontrary to clause ................... of the Parking Local Law 2017.\nYou are required under section 9.13 of the Local Government Act 1995 to identify the person who was\nthe driver or person in charge of the vehicle at the time when the offence is alleged to have been\ncommitted.\n\n","sortOrder":18},{"sectionNumber":"2396","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2396 GOVERNMENT GAZETTE, WA 5 May 2017\nIf you do not prove otherwise, you will be deemed to have committed the offence unless—\n(a) within 28 days after being served with this notice;\n(i) you inform the Chief Executive Officer or another authorised officer of the local\ngovernment as to the identity and address of the person who was the driver or person\nin charge of the vehicle at the time the offence is alleged to have been committed; and\n(ii) you satisfy the Chief Executive Officer that the vehicle had been stolen, or was being\nunlawfully used, at the time the offence is alleged to have been committed;\nor\n(b) you were given an infringement notice for the alleged offence and the modified penalty\nspecified in it is paid within 28 days after the notice was given or such further time as is\nallowed.\n(5) ..........................................................................\n(6) ..................................................................................................................................................................\n(1) Name of owner or ‘the owner’\n(2) Address of owner (not required if owner not named)\n(5) Signature of authorised person\n(6) Name and title of authorised person giving notice\n————\nFORM 2\nINFRINGEMENT NOTICE\nSerial No. .............................\nTo: (1) ............................................................................................................................................................\nof: (2) .............................................................................................................................................................\nIt is alleged that on .......... / .......... / .......... at (3) ........................................................................................\nat (4) ..............................................................................................................................................................\nmake: ......................................................... ;\nmodel: ........................................................ ;\nregistration: ............................................... ,\nyou committed the following offence—\n.......................................................................................................................................................................\n.......................................................................................................................................................................\n.......................................................................................................................................................................\ncontrary to clause ............... of the Parking Local Law 2017.\nThe modified penalty for the offence is $ ....................\nIf you do not wish to have a complaint of the alleged offence heard and determined by a court, the\namount of the modified penalty may be paid to an authorised person at (5) .............................. within a\nperiod of 28 days after the giving of this notice.\nIf you take no action this infringement notice may be registered with the Fines Enforcement Registry\nafter which your driver’s licence or any vehicle licence held by you may be suspended. If the matter is\nregistered with the Registry additional costs will also be payable.\nIf the above address is not your current address, or if you change your address, it is important that\nyou advise us immediately. Failure to do so may result in your driver’s licence or any vehicle licence\nyou hold being suspended without your knowledge.\n(6) ..............................................................\n(7) ..................................................................................................................................................................\n(1) Name of alleged offender or ‘the owner’\n(2) Address of alleged offender\n(5) Place where modified penalty may be paid\n(6) Signature of authorised person\n(7) Name and title of authorised person giving notice\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2397\nFORM 3\nINFRINGEMENT NOTICE\nSerial No. ......................................\nTo: (1) .............................................................................................................................................................\nof: (2) ..............................................................................................................................................................\nIt is alleged that on .......... / .......... / .......... at (3) ........................................................................................\nat (4) ..............................................................................................................................................................\nmake: ....................................................... ;\nmodel: ...................................................... ;\nregistration: ............................................. ,\nyou committed the following offence—\n........................................................................................................................................................................\n........................................................................................................................................................................\n........................................................................................................................................................................\ncontrary to clause ............... of the Parking Local Law 2017.\nThe modified penalty for the offence is $ ...............\nIf you do not wish to have a complaint of the alleged offence heard and determined by a court, the\namount of the modified penalty may be paid to an authorised person at (5) .............................. within a\nperiod of 28 days after the giving of this notice.\nUnless within 28 days after being served with this notice—\n(a) you pay the modified penalty; or\n(b) you—\n(i) inform the Chief Executive Officer or another authorised officer of the local government\nas to the identity and address of the person who was the driver or person in charge of\nthe above vehicle at the time the offence is alleged to have been committed; or\n(ii) satisfy the Chief Executive Officer that the above vehicle had been stolen or was being\nunlawfully used at the time the offence is alleged to have been committed,\nyou will, in the absence of proof to the contrary, be deemed to have committed the above\noffence and court proceedings may be instituted against you.\nIf you take no action this infringement notice may be registered with the Fines Enforcement Registry\nafter which your driver’s licence or any vehicle licence held by you may be suspended. If the matter is\nregistered with the Registry additional costs will also be payable.\nIf the above address is not your current address, or if you change your address, it is important that\nyou advise us immediately. Failure to do so may result in your driver’s licence or any vehicle licence\nyou hold being suspended without your knowledge.\n(6) .............................................................\n(7) ...................................................................................................................................................................\n(1) Name of owner or ‘the owner’\n(2) Address of owner (not required if owner not named)\n(5) Place where modified penalty may be paid\n(6) Signature of authorised person\n(7) Name and title of authorised person giving notice\n————\nFORM 4\nWITHDRAWAL OF INFRINGEMENT NOTICE\nSerial No. ...............................\nTo: (1) .............................................................................................................................................................\nof: (2) ..............................................................................................................................................................\nInfringement Notice No. ................................................................................ dated .......... / .......... / ..........\nmake: ....................................................................... ;\nmodel: ...................................................................... ;\nregistration: .............................................................. ,\n\n","sortOrder":19},{"sectionNumber":"2398","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2398 GOVERNMENT GAZETTE, WA 5 May 2017\nfor the alleged offence of —...........................................................................................................................\n.......................................................................................................................................................................\n.......................................................................................................................................................................\n.......................................................................................................................................................................\nhas been withdrawn.\nThe modified penalty of $ ......................................\nhas been paid and a refund is enclosed.\nhas not been paid and should not be paid.\ndelete as appropriate.\n(3) ..........................................................................\n(4) ..................................................................................................................................................................\n(1) Name of alleged offender to whom infringement notice was given or ‘the owner’.\n(2) Address of alleged offender.\n(3) Signature of authorised person\n(4) Name and title of authorised person giving notice\n————\nDated: 4 April 2017.\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2399\nSTANDING ORDERS AMENDMENT LOCAL LAW 2017\nUnder the powers conferred by the Local Government Act 1995 and all other powers enabling it, the\nCouncil of the City of South Perth resolved on 28 March 2017 to make the following local law.\n1. Short title\nThis is the City of South Perth Standing Orders Amendment Local Law 2017.\n2. Commencement\nThis local law comes into operation 14 days after its publication in the Government Gazette.\n3. Local law amended\nThe City of South Perth Standing Orders Local Law 2007 as published in the Government Gazette on\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"May 2007 and as published and amended in the Government Gazette on 9 July 2010 and on","content":"17 May 2007 and as published and amended in the Government Gazette on 9 July 2010 and on\n5 October 2012 is referred to as the Principal Local Law. The Principle Local Law is amended.\n4. Clause 6.7 amended\nClause 6.7 is deleted and replaced as follows—\n‘6.7 Other procedures for question time for the public\n(a) a “person” means a member of the public; and\n(b) a question includes a part of a question (so that a question in 3 parts is to be treated as\nbeing 3 questions).\n(2) Unless the Presiding Member determines otherwise, a person may ask up to 3 questions at a\nmeeting.\n(3) a maximum of 3 minutes is allotted for each person to ask up to 3 questions, including any\ncontextual or opening statement.\n(4) A person who wishes to ask a question at a meeting must—\n(a) before the commencement of the meeting, complete a question form provided by the City\nand place the completed question form in the question tray provided by the City; and\n(b) be present at the meeting when the question is asked.\n(5) A completed question form must include—\n(a) The name and residential or contact address of the person who wishes to ask the\nquestion; and\n(b) the terms of no more than 3 questions that the person wishes to ask.\nNote—a question form that does not include the residential or contact address of the person is to\nbe treated as correspondence—see clause 6.7(7) below.\n(6) In cases of disability or other extenuating circumstances—\n(a) the City, if requested to do so, is to assist a person to complete a question form; and\n(b) in the absence of that assistance, the Presiding Member may permit a person to ask a\nquestion that was not included on a question form.\n(7) The Presiding Member may decide that a question is out of order, and is not to be recorded or\nresponded to—\n(a) if the same or similar question was asked at a previous meeting, a response was provided\nand the person is directed to the minutes of the meeting at which the response was\nprovided;\n(b) if it is not in the form of a question, or, having regard to its content and length, is\nessentially a statement or expression of opinion rather than a question;\n(c) if, in respect of a Council meeting, the question does not relate to a matter affecting the\nCity;\n\n","sortOrder":21},{"sectionNumber":"2400","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2400 GOVERNMENT GAZETTE, WA 5 May 2017\n(d) if, in respect of a special meeting of the Council, the question does not relate to the\npurpose of the meeting;\n(e) if, in respect of a committee meeting, the question does not relate to a function of the\ncommittee;\n(f) if the question uses an offensive or objectionable expression or is defamatory;\n(g) if the question, including any opening statement exceeds the time allotted by\nsubclause 6.7(3).\n(8) If, in the opinion of the Presiding Member, a question requires further research or a response\ncannot be given at the meeting, or if a question form does not contain the name and residential or\ncontact address of the person who wishes to ask the question—\n(a) the Presiding Member may determine that the question is to be treated as\n‘correspondence’ or is to be taken on notice;\n(b) the CEO, unless of the opinion that a response would divert a substantial and\nunreasonable portion of the City’s resources away from its other functions, is to ensure\nthat a written response is given as soon as practicable after the meeting to the person\nwho asked the question; and\n(c) if a question is treated as correspondence, the question, but not the response, is to be\nrecorded in the minutes of the meeting.\n(9) Unless subclause (7) or (8) applies—\n(a) the Presiding Member is either to read out each question or to ensure that each question\nis displayed electronically in a form (which may be summarised by the CEO) that may be\nviewed by members of the public attending the meeting;\n(b) the Presiding Member is to respond personally or is to ask another Member or an\nemployee to respond to the question; and\n(c) a summary of the question and response is to be recorded in the minutes of the meeting.\n(10) A response to a question is not to be the subject of any discussion, except that if, in the\nopinion of a Member, false information or any adverse reflection is contained in any question\nasked or comments made by any member of the public, then, through the Presiding Member the\nMember may correct or clarify the matter.\n(11) The Presiding Member may extend question time for up to 15 minutes after the end of the\nminimum time for questions if there are members of the public present who wish to ask questions\nand have not been given an opportunity to do so.’\n5 Clause 6.12(3)(b) amended\nClause 6.12(3)(b) be deleted and replaced with—\n‘(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to\nall members of the public who have applied to make a deputation on the issue; and’\n","sortOrder":22},{"sectionNumber":"6","sectionType":"section","heading":"Clause 10.1A added","content":"6 Clause 10.1A added\nBefore clause 10.1, insert—\n10.1A Alternative motions\n(1) Members are to submit alternative motions to recommendations on Council agendas to the\nChief Executive Officer by 12 noon on the day before each Council meeting, so they can be\ndistributed to other elected members to give them an opportunity to reflect on the proposed\nchanges.\n(2) Material amendments and alternative resolutions submitted under subclause (1) must not\nconflict with the stated purpose of a Special Council Meeting.\n————\nDated 6 April 2017.\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2401\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nWASTE LOCAL LAW 2017\nUnder the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007 and the\nLocal Government Act 1995 and under all other enabling powers, the Council of the City of South\nPerth resolved on 28 March 2017 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis is the City of South Perth Waste Local Law 2017.\n1.2 Commencement\nThis local law commences 14 days after the day on which it is published in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nPart 4 of the City of South Perth Health Local Law 2002, published in the Government Gazette on\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"November 2002 is deleted.","content":"22 November 2002 is deleted.\n1.5 Meaning of terms used in this local law\n(1) In this local law—\nauthorised person means a person appointed by the local government under section 9.10 of the\nLG Act to perform any of the functions of an authorised person under this local law;\ncollectable waste means local government waste that is not—\n(a) liquid refuse;\n(b) liquid waste; or\n(c) non-collectable waste;\ncollectable waste receptacle means a receptacle for the deposit and collection of collectable\nwaste that is—\n(a) a recycling waste receptacle;\n(b) a general waste receptacle; or\n(c) an organic waste receptacle;\ncollection when used in relation to a receptacle, means the collection and removal of collectable\nwaste from the receptacle by the local government or its contractor;\ncollection day means the day determined by the local government for the collection of collectable\nwaste in the district or a part of the district;\ncollection time means the time on the collection day determined by the local government for the\ncollection of collectable waste in the district or a part of the district;\ncosts of the local government include administrative costs;\nCouncil means the council of the local government;\ndistrict means the district of the local government;\ngeneral waste receptacle means a receptacle for the deposit and collection of collectable waste\nthat is not recycling waste;\nLG Act means the Local Government Act 1995;\nLG Regulations means the Local Government (Functions and General) Regulations 1996;\nlocal government means the City of South Perth;\nlocal government waste has the same meaning as in the WARR Act;\n\n","sortOrder":24},{"sectionNumber":"2402","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2402 GOVERNMENT GAZETTE, WA 5 May 2017\nnon-collectable waste has the meaning set out in Schedule 1;\noccupier in relation to premises, means any or all of the following—\n(a) a person by whom or on whose behalf the premises are actually occupied; or\n(b) a person having the management or control of the premises;\norganic waste means waste that decomposes readily, such as garden waste or food waste;\norganic waste receptacle means a receptacle for the deposit and collection of organic waste;\nowner has the same meaning as in the LG Act;\npenalty unit means the amount prescribed by the local government as a standard penalty unit\nin the City of South Perth Penalty Units Local Law;\npublic place includes a place to which the public ordinarily have access, whether or not by\npayment of a fee;\nreceptacle means a receptacle—\n(a) that has been supplied for the use of the premises by the local government or its\ncontractor, or which has otherwise been approved by the local government; and\n(b) the waste from which is collected and removed from the premises by the local government\nor its contractor;\nrecycling waste receptacle means a receptacle for the deposit and collection of recycling waste;\nrecycling waste means—\n(a) paper and cardboard;\n(b) plastic containers comprised of polyethylene terephthalate or high density polyethylene;\n(c) glass containers;\n(d) steel containers;\n(e) aluminium containers;\n(f) liquid paper board; and\n(g) any other waste determined by the local government to be recycling waste;\nspecified means specified by the local government or an authorised person, as the case may be;\nstreet alignment means the boundary between the land comprising a street and the land that\nabuts the street;\nWARR Act means the Waste Avoidance and Resource Recovery Act 2007;\nwaste has the same meaning as in the WARR Act;\nwaste facility means a waste facility, as defined in the WARR Act, that is operated by the local\ngovernment; and\nwaste service has the same meaning as in the WARR Act.\n(2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and\noccupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or\noccupiers.\n1.6 Local public notice of determinations\nWhere, under this local law, the local government has a power to determine a matter—\n(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;\n(b) the determination becomes effective only after local public notice has been given;\n(c) the determination remains in force for the period of one year after the date that local public\nnotice has been given under paragraph (a);\n(d) after the period referred to in paragraph (c), the determination continues in force only if, and\nfor so long as, it is the subject of local public notice, given annually, under section 1.7 of the\nLG Act; and\n(e) the determination must be recorded in a publicly accessible register of determinations that\nmust be maintained by the local government.\n1.7 Rates, fees and charges\nThe local government’s powers to impose rates, fees and charges in relation to waste services are set\nout in sections 66 to 68 of the WARR Act and section 6.16 and 6.17 of the LG Act.\n1.8 Power to provide waste services\nThe local government’s power to provide, or enter into a contract for the provision of, waste services is\ndealt with in section 50 of the WARR Act.\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Supply of receptacles\n(1) The local government is to supply, for the use of each premises that are, or are capable of being,\noccupied or used for residential purposes, one or more receptacles for the collection and removal, from\nthose premises, of collectable waste.\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2403\n(2) The owner of premises to which subclause (1) applies must take all reasonable steps to—\n(a) ensure that the fee or charge (if any) imposed by the local government in relation to each\nreceptacle is paid to the local government; and\n(b) ensure that each receptacle is used, in respect of those premises, in accordance with this local\nlaw.\n2.2 Deposit of waste in receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any\nnon-collectable waste.\n(2) A person must not deposit waste in a receptacle that has been provided for the use of other\npremises without the consent of the owner or occupier of those premises.\n2.3 General waste receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste\n(a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable\nwaste; or\n(b) where the receptacle has any other capacity—more than the weight determined by the local\n(2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any recycling waste.\n(3) Where the local government supplies organic waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any organic waste.\n2.4 Recycling waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in a recycling waste\n(a) anything other than the particular type of recycling waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of recycling waste;\nor\n(c) where the receptacle has any other capacity—more than the weight determined by the local\n2.5 Organic waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in an organic waste\n(a) anything other than the particular type of organic waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or\n(c) where the receptacle has any other capacity—more than the weight determined by the local\n2.6 Direction to place or remove a receptacle\n(1) The local government or an authorised person may give a written direction to an owner or occupier\nof specified premises—\n(a) to place a receptacle in respect of those premises for collection; or\n(b) to remove a receptacle in respect of those premises after collection.\n(2) The direction under subclause (1) may specify when the placement or removal is to occur, or where\nthe receptacle is to be placed, or both.\n(3) An owner or occupier of premises must comply with a direction given under this clause.\n2.7 Duties of owner or occupier\nAn owner or occupier of premises must—\n(a) except for a reasonable period before and after collection time, keep each receptacle in a\nstorage space or area that is behind the street alignment;\n(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the\npremises, or other area as determined by the local government, to ensure that, within a\nreasonable period before collection time, each receptacle is—\n(i) within 1 metre of the carriageway;\n(ii) so that it does not unduly obstruct any footpath, cycle way, right-of-way or carriageway;\nand\n(iii) facing squarely to the edge of and opening towards the carriageway,\nor in such other position as is approved in writing by the local government or an authorised\nperson;\n(c) take reasonable steps to ensure that the premises are provided with an adequate number of\nreceptacles; and\n(d) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as\npracticable, after the event.\n\n","sortOrder":25},{"sectionNumber":"2404","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2404 GOVERNMENT GAZETTE, WA 5 May 2017\n2.8 Exemption\n(1) An owner or occupier of premises may apply in writing to the local government for an exemption\nfrom compliance with the requirements of clause 2.7(a) or (b).\n(2) The local government or an authorised person may grant, with or without conditions, or refuse an\napplication for exemption from compliance under this clause.\n(3) An exemption granted under this clause must state—\n(a) the premises to which the exemption applies;\n(b) the period during which the exemption applies; and\n(c) any conditions imposed by the local government or the authorised person.\n(4) An exemption granted under this clause ceases to apply—\n(a) if the local government decides, on reasonable grounds, that there has been a failure to\ncomply with a condition of the exemption; and\n(b) from the date that the local government informs the owner or occupier of its decision under\nclause 2.8(4)(a).\n2.9 Damaging or removing receptacles\nA person, other than the local government or its contractor, must not—\n(a) damage, destroy or interfere with a receptacle; or\n(b) except as permitted by this local law or as authorised by the local government or an\nauthorised person, remove a receptacle from any premises to which it was delivered by the\nlocal government or its contractor.\n2.10 Verge collections\n(1) Where the local government has advertised a verge waste collection (such as a green waste, or a\nbulk waste, verge collection) a person, unless with and in accordance with the approval of the local\ngovernment or an authorised person—\n(a) must deposit waste only during the period of time, and in accordance with other terms and\nconditions, as advertised by the local government in relation to that verge waste collection;\nand\n(b) must otherwise comply with those terms and conditions.\n(2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove\nany of that waste for a commercial purpose but may remove it for any other purpose.\n(3) Except where waste is lawfully removed from a verge under this clause, a person must not\ndisassemble or tamper with any waste deposited on a verge for a verge waste collection so as to\nincrease the risk of harm to any person.\n(4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the\nlocal government in relation to the verge waste collection.\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier\nAn owner or occupier of premises must—\n(a) take all reasonable steps to ensure that an adequate number of receptacles are provided to\ncontain all waste which accumulates or may accumulate in or from the premises;\n(b) take all reasonable steps ensure that each receptacle is kept in good condition and repair;\n(c) take all reasonable steps to—\n(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches,\nrodents and other vectors of disease;\n(ii) prevent the emission of offensive or noxious odours from each receptacle; and\n(iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining\npremises.\n(d) whenever directed to do so by the local government or an authorised person, thoroughly\nclean, disinfect, deodorise and apply a residual insecticide to each receptacle; and\n(e) if directed by an authorised person, remove any waste from a receptacle that has not been\nproperly deposited in that receptacle in accordance with this local law or a permit.\n3.2 Removal of waste from premises\n(1) A person must not remove any waste from premises unless that person is—\n(a) the owner or occupier of the premises;\n(b) authorised to do so by the owner or occupier of the premises; or\n(c) authorised in writing to do so by the local government or an authorised person.\n(2) A person must not remove any waste from a receptacle without the approval of—\n(a) the local government or an authorised person; or\n(b) the owner or occupier of the premises at which the receptacle is ordinarily kept.\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2405\n3.3 Receptacles and containers for public use\nA person must not, without the approval of the local government or an authorised person—\n(a) deposit household, commercial or other waste from any premises on or into; or\n(b) remove any waste from,\na receptacle provided for the use of the general public in a public place.\n3.4 Waste control on building sites\nbuilding work means—\n(a) building work for which a building permit is required under the Building Act 2011; and\n(b) demolition work for which a demolition permit is required under the Building Act 2011;\nbuilding work waste means all waste from building work that is capable of being windblown;\nand\nreceptacle means a receptacle the waste from which is collected and removed otherwise than by\nthe local government or its contractor.\n(2) A person must not allow, commence or continue any building work on premises unless, at all times\nwhile the building work is being undertaken—\n(a) there is located on the premises, as close as practicable to the building work a receptacle with\na capacity of not less than 4 cubic metres, or as otherwise approved by the local government,\nsuitable for the collection and disposal of building work waste;\n(b) building work waste is deposited and kept in the receptacle; and\n(c) the lid of the receptacle is kept closed except when waste is being deposited in the receptacle.\nPART 4—OPERATION OF WASTE FACILITIES\n4.1 Operation of this Part\nThis Part applies to a person who enters a waste facility.\n4.2 Hours of operation\nThe local government may from time to time determine the hours of operation of a waste facility.\n4.3 Signs and directions\n(1) The local government or an authorised person may regulate the use of a waste facility—\n(a) by means of a sign; or\n(b) by giving a direction to a person within a waste facility.\n(2) A person within a waste facility must comply with a sign or direction under subclause (1).\n(3) The local government or an authorised person may direct a person who commits, or is reasonably\nsuspected by the local government or the authorised person of having committed, an offence under\nthis clause to leave the waste facility immediately.\n(4) A person must comply with a direction under subclause (3).\n4.4 Fees and charges\n(1) Unless subclause (3) applies, a person must, on or before entering a waste facility or on demand by\nthe local government or an authorised person, pay the fee or charge as assessed by an authorised\nperson.\n(2) An authorised person may assess the fee or charge in respect of a particular load of waste at a rate\nthat applies to any part of that load, even if that rate is higher than the rate that would apply to any\nother part of the load.\n(3) Subclause (1) does not apply—\n(a) to a person who disposes of waste in accordance with the terms of—\n(i) a credit arrangement with the local government; or\n(ii) any other arrangement with the local government to pay the fee or charge at a different\ntime or in a different manner; and\n(b) to the deposit of waste owned by the local government, or in the possession of an employee on\nbehalf of the local government.\n4.5 Depositing waste\n(1) A person must not deposit waste at a waste facility other than—\n(a) at a location determined by a sign and in accordance with the sign; and\n(b) in accordance with the direction of an authorised person.\n(2) The local government may determine the classification of any waste that may be deposited at a\nwaste facility.\nPART 5—ENFORCEMENT\n5.1 Offences and general penalty\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law a person is prohibited from doing, commits an offence.\n\n","sortOrder":26},{"sectionNumber":"2406","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 5 May 2017","content":"2406 GOVERNMENT GAZETTE, WA 5 May 2017\n(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not less\nthan $500 and not exceeding $5,000, and if the offence is of a continuing nature, to a further penalty\nnot exceeding $500 in respect of each day or part of a day during which the offence has continued.\n5.2 Other costs and expenses\n(1) A person who is convicted of an offence under this local law is to be liable, in addition to any\npenalty imposed under clause 5.1, to pay to the local government the costs and expenses incurred by\nthe local government in taking remedial action such as—\n(a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or\n(b) making good any damage caused to a waste facility.\n(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to\nthe local government, in a court of competent civil jurisdiction.\n5.3 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of\nsection 9.16(1) of the LG Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 2.\n(3) If this local law expresses a modified penalty as a number of penalty units, the monetary value of\nthe modified penalty is the number of dollars obtained by multiplying the value of the penalty unit by\nthe number of penalty units.\n5.4 Form of notices\n(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations.\n(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in\nSchedule 1 of the LG Regulations.\n(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of\nForm 3 in Schedule 1 of the LG Regulations.\n————\nSCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’\n(Clause 1.6)\nnon-collectable waste means—\n(a) hot or burning material;\n(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,\npesticides, oils, gas cylinders, batteries, chemicals and heavy metals;\n(c) any other hazardous material, such as radioactive waste;\n(d) any explosive material, such as flares or ammunition;\n(e) electrical and electronic equipment;\n(f) hospital, medical, veterinary, laboratory or pathological substances;\n(g) construction or demolition waste;\n(h) sewage;\n(i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste)\nRegulations 2004;\n(j) any object that is greater in length, width, or breadth than the corresponding dimension of\nthe receptacle or that will not allow the lid of the receptacle to be tightly closed;\n(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious\nodour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or\nimpervious material or placed in a sealed impervious and leak-proof container; and\n(l) any other waste determined by the local government under clause 1.6 to be non-collectable\nwaste.\n————\nSCHEDULE 2—PRESCRIBED OFFENCES\n(Clause 5.3)\nItem\nNo.\nNo.\nDescription Penalty\nUnit\n1 2.1(2)(a) Failing to pay fee or charge 10\n2 2.1(2)(b) Failing to ensure lawful use of receptacle 10\n3 2.2(1) Depositing non-collectable waste in a receptacle 10\n4 2.2(2) Depositing waste in another receptacle without consent 10\n5 2.3(1) Exceeding weight capacity of a general waste receptacle 10\n6 2.3(2) and (3) Depositing unauthorised waste in a general waste receptacle 10\n\n5 May 2017 GOVERNMENT GAZETTE, WA 2407\nItem\nNo.\nNo.\nDescription Penalty\nUnit\n7 2.4(a) Depositing unauthorised waste in a recycling waste receptacle 10\n8 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle 10\n9 2.5(a) Depositing unauthorised waste in an organic waste receptacle 15\n10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle 10\n11 2.6(3) Failing to comply with a direction concerning placement or\nremoval of a receptacle\n12 2.7(a) Failing to keep a receptacle in the required location 10\n13 2.7(b) Failing to place a receptacle for collection in a lawful position 10\n14 2.7(c) Failing to provide a adequate number of receptacles 15\n15 2.7(d) Failing to notify of a lost, stolen, damaged or defective\nreceptacle\n16 2.9(a) Damaging, destroying or interfering with a receptacle 15\n17 2.9(b) Removing a receptacle from premises without permission or\nauthorisation\n18 2.10(1) Failing to comply with a term or condition of verge waste\ncollection\n19 2.10(2) Removing waste from a verge waste collection for commercial\npurposes\n20 2.10(3) Disassembling or tampering with waste deposited for collection 15\n21 3.1(a) Failing to provide a adequate number of receptacles 10\n22 3.1(b) Failing to keep a receptacle in a good condition and repair 10\n23 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a\nreceptacle\n24 3.1(c)(ii) Failing to prevent the emission of offensive or noxious odours\nfrom a receptacle\n25 3.1(c)(iii) Allowing a receptacle to cause a nuisance 15\n26 3.1(d) Failing to comply with a direction to clean, disinfect or\ndeodorise receptacle\n27 3.1(e) Failure to comply with direction of an authorised person to\nremove waste from a receptacle not properly deposited in that\nreceptacle in accordance with this local law or a permit\n28 3.2(1) Unauthorised removal of waste from premises 10\n29 3.2(2) Removing waste from a receptacle without approval 10\n30 3.3 Depositing household, commercial or other waste into, or\nremoving waste from, a receptacle provided for the use of the\ngeneral public in a public place without approval\n31 3.4(2)(a) Failing to have a suitable receptacle for building work waste 25\n32 3.4(2)(b) Failing to keep building work waste in a receptacle 15\n33 4.3(2) Failing to comply with a sign or direction 10\n34 4.3(4) Failing to comply with a direction to leave 10\n35 4.4(1) Disposing waste without payment of fee or charge 10\n36 4.5(1) Depositing waste contrary to sign or direction 10\n————\nConsented to—\nJASON BANKS, Director General,\nDepartment of Environment Regulation.\n————\nDated: 4 April 2017.","sortOrder":27}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to be within its original scope. The Parking Local Law replaces a 2011 version with updated provisions. The Waste Local Law replaces Part 4 of a 2002 Health Local Law. The Standing Orders Amendment makes specific procedural changes to council meeting rules. None of the three laws show significant scope creep beyond their original purposes of regulating parking, waste management, and council meeting procedures."},"complexity_factors":["Three distinct local laws combined in one document (Parking, Standing Orders Amendment, and Waste)","Extensive cross-referencing to external legislation including the Local Government Act 1995, Road Traffic Code 2000, Waste Avoidance and Resource Recovery Act 2007, and various regulations","47+ defined terms in the Parking Local Law alone, many of which reference definitions in other laws","Numerous exceptions and exemptions throughout (e.g., disability parking permits, emergency vehicles, authorised persons)","Nested conditional logic in parking restrictions (e.g., 'unless engaged in picking up or setting down goods' in clause 7.12)","Detailed schedules of offences with specific penalty units for each clause","Multiple forms and procedural requirements for enforcement (Forms 1-4 in Parking Local Law)","Specific measurement requirements (e.g., 3 metres from carriageway, 10 metres from intersections, 70kg weight limits)","Temporal restrictions (e.g., Australia Day no-parking zone from 6am 26 January to 6pm 27 January)","Dual application provisions (joint and several liability for owners and occupiers in Waste Local Law)"],"plain_english_summary":"Three South Perth local laws from 2017: one governs parking (metering, bays, stopping rules, exemptions and enforcement), another amends council meeting procedure for public questions and submission of alternative motions, and a third regulates household and building-site waste collection, bin use, verge collections and waste facility rules. They affect residents, businesses, drivers, visitors and council operations and matter because they set everyday conduct and enforcement with penalties for non‑compliance."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This local law repeals the 2011 Parking Local Law (cl.1.3) and re‑enacts a district‑wide parking regulatory framework (cl.1.4). Compared with the prior instrument it explicitly authorises alternative payment methods (cl.1.11), codifies metered bays and ticketing rules (Part 2), defines a fixed annual general no‑parking zone period (cl.4.4), and sets out an updated penalty and infringement schedule (Part 9, Schedule 1). Geographic exclusions (roads under the Commissioner of Main Roads) remain (cl.1.4)."},"complexity_factors":["Extensive definitions and cross-references to external laws (Road Traffic Code 2000, Road Traffic Act 1974, Local Government Act 1995) (cl.1.5–1.6).","Wide delegated discretion: local government, CEO and authorised persons may make determinations, issue permits, grant exemptions and give directions (cls 1.10, 1.11, 2.1, 2.5, 2.6, 3.1, 4.15).","Detailed, prescriptive operational rules across many Parts (metered bays, parking bays, stopping zones, special zones) with precise distances and positioning requirements (Parts 2–7).","Layered enforcement regime with both court penalties and an extensive schedule of modified penalties/infringement notices (Part 9, Schedule 1).","Multiple exceptions and conditional rules (disability permits, authorised vehicles, event permits, temporary suspensions) increasing interpretation points (cls 1.4, 2.5, 3.3, 4.2–4.4).","Administrative obligations on owners/occupiers (receptacle of permits, display, payment, removal on demand) create compliance burdens and recordkeeping needs (eg. cls 1.11, 3.2, 4.2–4.3).","Interaction with operational signage and on‑street infrastructure (meter hoods, ticket machines, signs) means legal effect depends on correct installation and public notice (cls 1.7, 2.1, 2.8, 1.6)."],"plain_english_summary":"This instrument governs parking across the City of South Perth. It lets the council mark metered bays and parking stations, set fees and time limits, require tickets or permits (including alternative electronic payments), and restrict parking by vehicle class or location. Drivers and owners pay fees, must display tickets/permits and follow signs, and face fines for breaches. The local government, CEO and authorised officers decide signs, exemptions and enforcement, using ticketing, directions and prescribed penalties to manage turnover and compliance."}},"importantCases":[],"_links":{"self":"/api/acts/south-perth-city-of-waste-local-law-2017","history":"/api/acts/south-perth-city-of-waste-local-law-2017/history","analysis":"/api/acts/south-perth-city-of-waste-local-law-2017/analysis","conflicts":"/api/acts/south-perth-city-of-waste-local-law-2017/conflicts","importantCases":"/api/acts/south-perth-city-of-waste-local-law-2017/important-cases","documents":"/api/acts/south-perth-city-of-waste-local-law-2017/documents"}}