{"id":"wa-local:carnarvon-shire-of-waste-local-law-2021","name":"Waste Local Law 2021","slug":"waste-local-law-2021","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437431,"registerId":"wa-local:carnarvon-shire-of-waste-local-law-2021-pdf-1775954254102","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Waste Local Law 2021","content":"5061\nISSN 2204-4264 (online)\nPERTH, WEDNESDAY, 10 NOVEMBER 2021 No. 190 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nSHIRE OF CARNARVON\nLOCAL GOVERNMENT ACT 1995\nBUSH FIRES ACT 1954\nBUSH FIRE BRIGADES\nLOCAL LAW 2021\n————\nCEMETERIES ACT 1986\nLOCAL GOVERNMENT ACT 1995\nCEMETERIES AMENDMENT\nLOCAL LAW 2021\n————\nLOCAL GOVERNMENT ACT 1995\nMEETING PROCEDURES\nLOCAL LAW 2021\n————\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nWASTE LOCAL LAW 2021\n———————————\n\n\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5063\nLOCAL GOVERNMENT ACT 1995\nBUSH FIRES ACT 1954\nShire of Carnarvon\nBush Fire Brigades Local Law 2021\nUnder the powers conferred by the Local Government Act 1995, Bush Fires Act 1954 and under all other\npowers enabling it, the Council of the Shire of Carnarvon resolved on 22 June 2021 to make the\nfollowing local law.\n1 Citation\nThis local law may be cited as the Shire of Carnarvon Bush Fire Brigades Local Law 2021.\n2 Definitions\n(1) In this local law unless the context otherwise requires—\nAct means the Bush Fires Act 1954;\nbrigade area is defined in clause 5(1)(b);\nbush fire brigade is defined in section 7 of the Act;\nCEO means the Chief Executive Officer of the local government;\ndistrict means the district of the local government;\nlocal government means the Shire of Carnarvon;\nnormal brigade activities is defined by section 35A of the Act; and\nRegulations means Regulations made under the Act.\n(2) In this local law, unless the context otherwise requires, a reference to—\n(a) a Captain;\n(b) a First Lieutenant;\n(c) a Second Lieutenant; and\n(d) any additional Lieutenants;\nmeans a person holding that position in a bush fire brigade.\n3 Application\nThis local law applies throughout the district.\n4 Establishment of a bush fire brigade\n(1) The local government may establish a bush fire brigade for the purpose of carrying out normal\nbrigade activities.\n(2) A bush fire brigade is established on the date of the local government’s decision under subclause (1).\n(3) A bush fire brigade established under subclause (1) is to hold a meeting at least once every financial\nyear to appoint persons to the positions in clause 5(5), and where applicable clause 5(7).\n5 Name and officers of bush fire brigade\n(1) On establishing a bush fire brigade under clause 4(1) the local government is to—\n(a) Give a name to the bush fire brigade;\n(b) Specify the brigade area in which the bush fire brigade is primarily responsible for carrying\nout the normal brigade activities; and\n(c) Appoint—\n(i) a Captain;\n(ii) a First Lieutenant;\n(iii) a Second Lieutenant; and\n(iv) additional Lieutenants if the local government considers it necessary.;\n(2) A person appointed to a position pursuant to subclause (1)(c) is to be taken to be a brigade member.\n(3) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general\nmeeting of the bush fire brigade.\n(4) An election is to be held at the first annual general meeting by the members of the brigade for\nappointments to the positions referred to in subclause 1(c) or established under subclause (7) and every\nsubsequent annual general meeting.\n(5) If a position referred to in subclause (1)(c) or established under subclause (7) becomes vacant prior\nto the completion of the first annual general meeting or at any time, then the Brigade members are to\nvote for a replacement member to fill the position.\n(6) The Brigade members may elect, set the term of office, describe the duties of, and dismiss, any\nperson to any other position including secretary, treasurer, equipment officer, training officer or other\npositions, and may combine those positions; and\n\n5064 GOVERNMENT GAZETTE, WA 10 November 2021\n(7) The Brigade members may establish types of brigade membership including fire fighting members,\nauxiliary members, cadet members, and honorary life members.\n6 Duties of Captain and bush fire brigade officers\n(1) The duties of the Captain are to—\n(a) provide leadership to bush fire brigades;\n(b) monitor bush fire brigades’ resourcing, equipment and training levels;\n(c) liaise with the local government concerning—\n(i) fire prevention or fire suppression matters generally;\n(ii) directions to be issued by the local government to bush fire control officers, including\nthose who issue permits to burn; and\n(iii) bush fire brigade officers;\n(d) ensure that a list of bush fire brigade members is maintained;\n(e) report annually to the local government the office bearers of the bush fire brigade in accordance\nwith the Regulations;\n(f) report to the local government not later than 31 March each year, for consideration and\nappropriate provision being made in the next local government budget, the status of a bush fire\nbrigade’s—\n(i) training and readiness;\n(ii) protective clothing;\n(iii) equipment; and\n(iv) vehicles and appliances.\n(g) nominate persons to the CEO for appointment as bush fire control officers by the local\ngovernment;\n(h) arrange for normal brigade activities as authorised by the Act or by the local government; and\n(i) where a vacancy occurs in a position appointed under clause 6(1)(c), to—\n(i) advise the CEO of the vacancy as soon as practicable; and\n(ii) make alternate suitable arrangements for that position until an appointment is made.\n(2) The duties of other bush fire brigade officers are to support the Captain in his/her role.\n7 Appointment, employment, payment, dismissal and duties of bush fire control officers\nThe appointment, employment, payment, dismissal and duties of bush fire control officers is dealt with\nby the Act.\n8 Maintenance and equipment with appliances and apparatus of bush fire brigades\nThe local government may provide funds for the maintenance and equipment with appliances and\napparatus of bush fire brigades in accordance with Part 6 of the Local Government Act 1995.\nThe Common Seal of the Carnarvon was affixed by authority of a resolution of the Council in the\npresence of—\nBURKE MASLEN, Deputy Shire President.\nANDREA SELVEY, Chief Executive Officer.\nDated: 29 October 2021.\n———————————\nCEMETERIES ACT 1986\nLOCAL GOVERNMENT ACT 1995\nShire of Carnarvon\nCemeteries Amendment Local Law 2021\nUnder the powers conferred by the Cemeteries Act 1986, the Local Government Act 1995, and all other\npowers enabling it, the Council of the Shire of Carnarvon resolved on 22 June 2021 to make the\nfollowing local law—\n1. Citation\nThis local law is cited as the Shire of Carnarvon Cemeteries Amendment Local Law 2021.\n2. Commencement\nThis local law comes into operation 14 days after its publication in the Government Gazette.\n3. Principal Local Law\nThis local law amends the Shire of Carnarvon Local Laws relating to the Carnarvon Public\nCemetery as published in the Government Gazette on 26 February 1998.\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5065\n4. Clause 2 amended\nThe following is added to clause 2 in alphabetical order—\n‘local government’ means the Shire of Carnarvon;\n5. ‘Council’ replaced with ‘local government’\n‘Council’ is replaced with ‘local government’ wherever it appears in—\n(a) The definitions of “authorised person” and “single funeral permit” in clause 2; and\n(b) Clauses 6, 7, 8, 11, 12, 13, 15, 16, 17, 19, 21, 22, 31, 34, 54, 55, and 58.\n6. Clause 50 amended\nClause 50 is deleted and replaced with—\n50. Clause 49 shall not apply to an ‘assistance animal’ as defined in section 9(2) of the\nDisability Discrimination Act 1992 (Cth) or with the approval of the CEO or an authorised\nofficer.\nThe Common Seal of the Shire of Carnarvon was affixed by authority of a resolution of the Council in\nthe presence of—\nBURKE MASLEN, Deputy Shire President.\nANDREA SELVEY, Chief Executive Officer.\nDated: 29 October 2021.\n———————————\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF CARNARVON\nMeeting Procedures Local Law 2021\nUnder the powers conferred by the Local Government Act 1995 and under all other relevant powers,\nthe Council of the Shire of Carnarvon resolved 22 June 2021 to make the following local law.\nPart 1—Preliminary\n1.1 Citation\nThis local law may be cited as the Shire of Carnarvon Meeting Procedures Local Law 2021.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\n1.3 Application and intent\n(1) These Local Laws provide rules and guidelines which apply to the conduct of meetings of the Council\nand its committees and to meetings of electors.\n(2) All meetings are to be conducted in accordance with the Act, the Regulations and these Local Laws.\n(3) These Local Laws are intended to result in—\n(a) better decision-making by the Council and committees;\n(b) the orderly conduct of meetings dealing with Council business;\n(c) better understanding of the process of conducting meetings; and\n(d) the more efficient and effective use of time at meetings.\n1.4 Interpretation\n(1) In these Local Laws unless the context otherwise requires—\nabsolute majority has the meaning given to it in the Act;\nAct means the Local Government Act 1995;\nCEO means the Chief Executive Officer of the local government;\ncommittee means a committee of the Council established under section 5.8 of the Act;\ncommittee meeting means a meeting of a committee;\nCouncil means the Council of the Shire of Carnarvon;\nlocal government means the Shire of Carnarvon;\nPresident means the President of the Local Government or other Presiding Member at a Council\nmeeting under section 5.6 of the Act;\nmeeting means a meeting of the Council or a committee, as the context requires;\nmember has the meaning given to it in the Act;\n\n5066 GOVERNMENT GAZETTE, WA 10 November 2021\nPresiding Member means—\n(a) in respect of the Council, the person presiding under section 5.6 of the Act; and\n(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the\nAct;\nRegulations means the Local Government (Administration) Regulations 1996;\nsimple majority means more than 50% of the members present and voting; and,\nsubstantive motion means an original motion or an original motion as amended, but does not\ninclude an amendment or a procedural motion.\n(2) Unless otherwise defined in these Local Laws, the terms and expressions used in these Local Laws\nare to have the meaning given to them in the Act and Regulations.\n1.5 Repeal\nThe Shire of Carnarvon Local Laws Relating to Standing Orders 1998 published in the Government\nGazette on 26 February 1998 is repealed.\nPart 2—Establishment and membership of committees\n2.1 Establishment of committees\n(1) The establishment of committees is dealt with in the Act.\n(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—\n(a) the terms of reference of the committee;\n(b) the number of council members, officers and other persons to be appointed to the committee;\n(c) the names or titles of the council members and officers to be appointed to the committee;\n(d) the names of other persons to be appointed to the committee or an explanation of the procedure\nto be followed to determine the appointments; and\n(e) details of the delegation of any powers or duties to the committee under section 5.16 of the Act.\n(3) These Local Laws are to apply to the conduct of committee meetings.\n2.2 Types of committees\nThe types of committees are dealt with in the Act.\n2.3 Delegation of some powers and duties to certain committees\nThe delegation of some powers and duties to certain committees is dealt with in the Act.\n2.4 Limits on delegation of powers and duties to certain committees\nThe limits on the delegation of powers and duties to certain committees are dealt with in the Act.\n2.5 Appointment of committee members\nThe appointment of committee members is dealt with in the Act.\n2.6 Tenure of committee membership\nTenure of committee membership is dealt with in the Act.\n2.7 Resignation of committee members\nThe resignation of committee members is dealt with in the Regulations.\n2.8 Register of delegations to committees\nThe register of delegations to committees is dealt with in the Act.\n2.9 Committees to report\nA committee—\n(a) is answerable to the Council; and\n(b) is to report on its activities when, and to the extent, required by the Council.\nPart 3—Calling and convening meetings\n3.1 Ordinary and special Council meetings\n(1) Ordinary and special Council meetings are dealt with in the Act.\n(2) An ordinary meeting of the Council, held on a monthly basis or otherwise as determined by the\nCouncil, is for the purpose of considering and dealing with the ordinary business of the Council.\n(3) A special meeting of the Council is held for the purpose of considering and dealing with Council\nbusiness that is urgent, complex in nature, for a particular purpose or confidential.\n3.2 Calling Council meetings\nThe calling of Council meetings is dealt with in the Act.\n3.3 Convening Council meetings\n(1) The convening of a Council meeting is dealt with in the Act.\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5067\n(2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the purposes of section 5.5\nof the Act, in convening a special meeting of the Council.\n(3) Where, in the opinion of the President or at least one-third of the Members, there is a need to meet\nurgently, the CEO may give a lesser period of notice of a special Council meeting.\n3.4 Calling committee meetings\nThe CEO is to call a meeting of any committee when requested by the President, the Presiding Member\nof a committee or any two members of that committee.\n3.5 Public notice of meetings\nPublic notice of meetings is dealt with in the Regulations.\nPart 4—Presiding Member and quorum\nDivision 1: Who presides\n4.1 Who presides\nWho presides at a Council meeting is dealt with in the Act.\n4.2 When the Deputy President can act\nWhen the Deputy President can act is dealt with in the Act.\n4.3 Who acts if no President\nWho acts if there is no President is dealt with in the Act.\n4.4 Election of Presiding Members of committees\nThe election of Presiding Members of committees and their deputies is dealt with in the Act.\n4.5 Election of Deputy Presiding Members of committees\nThe election of Deputy Presiding Members of committees is dealt with in the Act.\n4.6 Functions of Deputy Presiding Members\nThe functions of Deputy Presiding Members are dealt with in the Act.\n4.7 Who acts if no Presiding Member\nWho acts if no Presiding Member is dealt with in the Act.\nDivision 2—Quorum\n4.8 Quorum for meetings\nThe quorum for meetings is dealt with in the Act.\n4.9 Reduction of quorum for Council meetings\nThe power of the Minister to reduce the number for a quorum and certain majorities is dealt with in\nthe Act.\n4.10 Reduction of quorum for committee meetings\nThe reduction of a quorum for committee meetings is dealt with in the Act.\n4.11 Procedure where no quorum to begin a meeting\nThe procedure where there is no quorum to begin a meeting is dealt with in the Regulations.\n4.12 Procedure where quorum not present during a meeting\nIf at any time during a meeting a quorum is not present, the Presiding Member is—\n(a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and\n(b) if a quorum is not present at the expiry of that period, the Presiding Member is to adjourn the\nmeeting to some future time or date.\n4.13 Names to be recorded\nAt any meeting—\n(a) at which there is not a quorum present; or\n(b) which is adjourned for want of a quorum,\nthe names of the Members then present are to be recorded in the minutes.\nPart 5—Business of a meeting\n5.1 Business to be specified\n(1) No business is to be transacted at any ordinary meeting of the Council other than that specified in\nthe agenda, without the approval of the Presiding Member or the Council.\n(2) No business is to be transacted at a special meeting of the Council other than that given in the notice\nas the purpose of the meeting.\n(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council other\nthan that—\n\n5068 GOVERNMENT GAZETTE, WA 10 November 2021\n(a) specified in the notice of the meeting which had been adjourned; and\n(b) which remains unresolved.\n(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council\nresolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before\nconsidering Reports (Item 8) at that ordinary meeting.\n5.2 Order of business\n(1) Unless otherwise decided by the Council the order of business at any ordinary meeting of the Council\nis to be as follows—\n1. Declaration of Opening/Announcement of Visitors\n2. Attendance\n2.1 Apologies\n2.2 Approved leave of absence\n3. Declarations of interest\n3.1 Declarations of Financial Interests\n3.2 Declarations of Proximity Interests\n3.3 Declarations of Impartiality Interests\n4. Public Question Time\n4.1 Response to previous public questions taken on notice\n4.2 Public question time\n5. Confirmation of minutes of previous meetings\n6. Announcements from the Presiding Member without discussion\n7. Presentations\n7.1 Petitions\n7.2 Presentations\n7.3 Deputations\n7.4 Delegates’ reports\n8. Reports\n8.1 Reports of Committees\n8.2 Reports of Officers\n9. Applications for leave of absence\n10. Motions of which previous notice has been given\n11. Questions from Members without notice\n12. New business of an urgent nature introduced by decision of the meeting\n13. Meeting closed to public\n13.1 Matters for which the meeting may be closed\n13.2 Public reading of resolutions that may be made public\n14. Closure\n(2) Unless otherwise decided by the Council, the order of business at any special meeting of the Council\nis to be the order in which that business stands in the agenda of the meeting.\n(3) In determining the order of business for any meeting of the Council, the provisions of the Act and\nRegulations relating to the time at which public question time is to be held are to be observed.\n5.3 Motions of which previous notice has been given\n(1) Unless the Act, Regulations or these Local Laws otherwise provide, a Member may raise at a\nmeeting such business as he or she considers appropriate, in the form of a motion, of which notice has\nbeen given in writing to the CEO and which has been included on the agenda.\n(2) A notice of motion under subclause (1) is to be given at least 8 clear working days before the meeting\nat which the motion is moved.\n(3) A notice of motion is to relate to the good governance of the district.\n(4) The CEO—\n(a) with the concurrence of the President, may exclude from the notice paper any notice of motion\ndeemed to be, or likely to involve, a breach of any of these Local Laws or any other written law;\n(b) will inform Members on each occasion that a notice has been excluded and the reasons for that\nexclusion;\n(c) may, after consultation with the Member where this is practicable, make such amendments to\nthe form but not the substance as will bring the notice of motion into due form; and\n(d) may provide to the Council relevant and material facts and circumstances pertaining to the\nnotice of motion on such matters as policy, budget and law.\n(5) A motion of which notice has been given is to lapse unless—\n(a) the Member who gave notice of it, or some other Member authorised by the originating Member\nin writing, moves the motion when called on; or\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5069\n(b) the Council on a motion agrees to defer consideration of the motion to a later stage or date.\n(6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms or\nto the same effect is not to be given again for at least 3 months from the date of such lapse.\n5.4 New business of an urgent nature\n(1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the\nPresiding Member that is carried by the meeting, be raised without notice and decided by the meeting.\n(2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters that have\narisen after the preparation of the agenda that are considered by the Presiding Member to be of such\nimportance and urgency that they are unable to be dealt with administratively by the Local\nGovernment and must be considered and dealt with by the Council before the next meeting.\nPart 6—Public participation\n6.1 Meetings generally open to the public\nMeetings being generally open to the public is dealt with in the Act.\n6.2 Meetings not open to the public\n(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members of\nthe public.\n(2) The Council or a committee, in one or more of the circumstances dealt with in the Act, may at any\ntime, by resolution, decide to close a meeting or part of a meeting.\n(3) If a resolution under subclause (2) is carried—\n(a) the Presiding Member is to direct everyone to leave the meeting except—\n(i) the Members;\n(ii) the CEO; and\n(iii) any Officer specified by the Presiding Member; and\n(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the\nclosure of the meeting to the public, the Council or the committee, by resolution, decides\notherwise.\n(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the Presiding\nMember, be removed from the meeting.\n(5) While the resolution under subclause (2) remains in force, the operation of clause 8.9 is to be\nsuspended until the Council or the committee, by resolution, decides otherwise.\n(6) A resolution under this clause may be made without notice.\n(7) Unless the Council resolves otherwise, once the meeting is reopened to members of the public, the\nPresiding Member is to ensure that any resolution of the Council made while the meeting was closed is\nto be read out including a vote of a Member to be included in the minutes.\n6.3 Question time for the public\nQuestion time for the public is dealt with in the Act.\n6.4 Question time for the public at certain meetings\nQuestion time for the public at certain meetings is dealt with in the Regulations.\n6.5 Minimum question time for the public\nMinimum question time for the public is dealt with in the Regulations.\n6.6 Procedures for question time for the public\nProcedures for question time for the public are dealt with in the Regulations.\n6.7 Other procedures for question time for the public\n(1) A member of the public who raises a question during question time, is to state his or her name and\naddress.\n(2) A question may be taken on notice by the Council for later response.\n(3) When a question is taken on notice the CEO is to ensure that—\n(a) a response is given to the member of the public in writing; and\n(b) a summary of the response is included in the agenda of the next meeting of the Council.\n(4) Where a question relating to a matter in which a relevant person has an interest is directed to the\nrelevant person, the relevant person is to—\n(a) declare that he or she has an interest in the matter; and\n(b) allow another person to respond to the question.\n(5) Each member of the public with a question is entitled to ask up to 2 questions before other members\nof the public will be invited to ask their questions.\n(6) Where a member of the public provides written questions then the Presiding Member may elect for\nthe questions to be responded to as normal business correspondence.\n(7) The Presiding Member may decide that a public question shall not be responded to where—\n\n5070 GOVERNMENT GAZETTE, WA 10 November 2021\n(a) the same or similar question was asked at a previous meeting, a response was provided and\nthe member of the public is directed to the minutes of the meeting at which the response was\nprovided;\n(b) the member of the public uses public question time to make a statement, provided that the\nPresiding Member has taken all reasonable steps to assist the member of the public to phrase\nthe statement as a question; or\n(c) the member of the public asks a question that is offensive or defamatory in nature, provided\nthat the Presiding Member has taken all reasonable steps to assist the member of the public to\nphrase the question in a manner that is not offensive or defamatory.\n(8) A member of the public shall have two minutes to submit a question.\n(9) The Council, by resolution, may agree to extend public question time.\n(10) Where an answer to a question is given at a meeting, a summary of the question and the answer\nis to be included in the minutes.\n6.8 Distinguished visitors\nIf a distinguished visitor is present at a meeting of the Council, the Presiding Member may acknowledge\nthe presence of the distinguished visitor at an appropriate time during the meeting, and the presence\nof that visitor shall be recorded in the minutes.\n6.9 Deputations\n(1) Any person or group wishing to be received as a deputation by the Council is to either—\n(a) apply, before the meeting, to the CEO for approval; or\n(b) with the approval of the Presiding Member, at the meeting, address the Council.\n(2) The CEO may either—\n(a) approve the request and invite the deputation to attend a meeting of the Council; or\n(b) refer the request to the Council to decide by simple majority whether or not to receive the\ndeputation.\n(3) Unless the council resolves otherwise, a deputation invited to attend a Council meeting—\n(a) is not to exceed 5 persons, only 2 of whom may address the Council, although others may\nrespond to specific questions from Members;\n(b) is not to address the Council for a period exceeding 10 minutes without the agreement of the\nCouncil; and,\n(c) additional members of the deputation may be allowed to speak with the leave of the Presiding\nMember.\n(4) Any matter which is the subject of a deputation to the Council is not to be decided by the Council\nuntil the deputation has completed its presentation.\n6.10 Petitions\n(1) A petition is to—\n(a) be addressed to the President;\n(b) be made by electors of the district;\n(c) state the request on each page of the petition;\n(d) contain the name, address and signature of each elector making the request, and the date each\nelector signed;\n(e) contain a summary of the reasons for the request; and\n(f) state the name of the person to whom, and an address at which, notice to the petitioners can\nbe given.\n(2) Upon receiving a petition, the Local Government is to submit the petition to the relevant officer to\nbe included in his or her deliberations and report on the matter that is the subject of the petition.\n(3) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented\nto that meeting, unless—\n(a) the matter is the subject of a report included in the agenda; and\n(b) the Council has considered the issues raised in the petition.\n6.11 Presentations\n(1) In this clause, a “presentation” means the acceptance of a gift or an award by the Council on behalf\nof the Local Government or the community.\n(2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO.\n6.12 Participation at committee meetings\n(1) In this clause a reference to a person is to a person who—\n(a) is entitled to attend a committee meeting;\n(b) attends a committee meeting; and\n(c) is not a member of that committee.\n(2) Without the consent of the Presiding Member, no person is to address a committee meeting.\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5071\n(3) The Presiding Member of a committee may allow a person to make an oral submission to the\ncommittee for up to 3 minutes.\n(4) A person addressing the committee with the consent of the Presiding Member is to cease that\naddress immediately after being directed to do so by the Presiding Member.\n(5) A person who fails to comply with a direction of the Presiding Member under subclause (4) may, by\norder of the Presiding Member, be removed from the committee room.\n(6) The Council may make a policy dealing with the circumstances in which a person may be given\nconsent to address a committee meeting.\n6.13 Council may meet to hear public submissions\n(1) Where an item on the agenda at a Council meeting is contentious and is likely be the subject of a\nnumber of deputations, the Council may resolve to meet at another time to provide a greater\nopportunity to be heard.\n(2) The CEO and the President shall set the time and date of the meeting to provide the opportunity to\nbe heard.\n(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the\nPresiding Member shall—\n(a) instruct the CEO to provide local public notice of the time and date when the Council will meet\nto provide an opportunity to be heard;\n(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to all\nmembers of the public who have applied under clause 6.9 to make a deputation on the issue;\nand\n(c) cause minutes to be kept of the meeting to provide the opportunity to be heard.\n(4) A meeting held under subclause (1) shall be conducted only to hear submissions. The council shall\nnot make resolutions at a meeting to provide the opportunity to be heard.\n(5) At a meeting held under subclause (1), each person making a submission shall be provided with the\nopportunity to fully state his or her case.\n(6) A member of the public shall be limited to 10 minutes in making an oral submission, but this period\nmay be extended at the discretion of the Presiding Member.\n(7) Once every member of the public has had the opportunity to make a submission the Presiding\nMember is to close the meeting.\n(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting\nsummarising each submission made at the meeting.\n(9) The Council must not resolve on the matter that is the subject of a meeting to provide the\nopportunity to be heard until it has received the CEO’s report under subclause (8).\n6.14 Public Inspection of agenda materials\nThe right of the public to inspect the documents referred to, and in accordance with, regulation 14 of\nthe Regulations may be exercised during normal business hours at the local governments offices and\non the local government’s website.\n6.15 Confidentiality of information withheld\n(1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to\nbe—\n(a) identified in the agenda of a Council meeting under the item “Matters for which meeting may\nbe closed”;\n(b) marked “Confidential” in the agenda; and\n(c) kept confidential by Officers and Members until the Council resolves otherwise.\n(2) A member or an officer in receipt of confidential information under subclause (1) or information that\nis provided or disclosed during a meeting or part of a meeting that is closed to the public is not to\ndisclose any of that information to any person other than another member or an officer to the extent\nnecessary for the purpose of carrying out his or her duties.\n(3) Subclause (2) does not apply where a member or officer discloses the information to his or her lawyer\nor government officer for the purpose of seeking advice in order to lawfully fulfil his or her role and\nresponsibilities.\n6.16 Recording of proceedings\nA person is not to use any electronic, visual or audio recording device or instrument to record the\nproceedings of the Council without the permission of the Presiding Member.\n6.17 Prevention of disturbance\n(1) A reference in this clause to a person is to a person other than a member.\n(2) A person addressing the Council shall extend due courtesy and respect to the Council and the\nprocesses under which it operates and shall comply with any direction by the Presiding Member.\n(3) A person observing a meeting shall not create a disturbance at a meeting, by interrupting or\ninterfering with the proceedings, whether by expressing approval or dissent, by conversing or by any\nother means.\n(4) A person shall ensure that his or her mobile telephone or audible pager is not switched on or used\nduring any meeting of the Council.\n\n5072 GOVERNMENT GAZETTE, WA 10 November 2021\n(5) A person shall not behave in a manner that is contrary to section 75 of the Criminal Code.\nPart 7—Questions by Members\n7.1 Questions by Members\n(1) Members may ask questions relating to an item on the notice paper or on matters related to the\ngood government of persons in the district.\n(2) A Member requesting general information from an Officer at a Council meeting may ask a question\nwithout notice and with the consent of the Presiding Member, may ask one or more further questions\nof that Officer or another Officer present at the meeting.\n(3) Where possible the Officer shall endeavour to answer the question to the best of his or her knowledge\nand ability, however, if the information is unavailable or the answer requires research or investigation,\nthe Officer may ask that—\n(i) the question be placed on notice for the next meeting of Council; and\n(ii) the answer to the question be given to the Member who asked it within 14 days.\n(4) Every question and answer—\n(i) is to be brief and concise; and\n(ii) is not to be accompanied by argument, expression of opinion or statement of facts, except to the\nextent necessary to explain the question or answer.\n(5) In answering any question, an Officer may qualify his or her answer and may at a later time in the\nmeeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer.\nPart 8—Conduct of Members\n8.1 Members to be in their proper places\n(1) At the first meeting held after each election day, the CEO is to allot by ballot a position at the\nCouncil table to each Member.\n(2) Each Member is to occupy his or her allotted position at each Council meeting.\n8.2 Respect to the Presiding Member\nAfter the business of a Council has been commenced, a Member is not to enter or leave the meeting\nwithout first paying due respect to the Presiding Member.\n8.3 Titles to be used\nA speaker, when referring to the President, Deputy President or Presiding Member, or a Member or\nOfficer, is to use the title of that person’s office.\n8.4 Advice of entry or departure\nDuring the course of a meeting of the Council, a Member is not to enter or leave the meeting without\nfirst advising the Presiding Member, in order to facilitate the recording in the minutes of the time or\nentry or departure.\n8.5 Members to indicate their intention to speak\n(1) A member who wishes to speak at a Council meeting—\n(i) Must indicate his or her intention to speak by raising his or her hand, or by any other method\ndetermined by the Council; and\n(ii) When invited by the Presiding Member to speak, and unless otherwise determined by the\nCouncil, must stand and address the meeting through the Presiding Member.\n(2) A member who is unable to stand conveniently because of sickness or disability may sit while\nspeaking.\n8.6 Priority of speaking\n(1) Where two or more Members indicate, at the same time, their intention to speak, the Presiding\nMember is to decide which Member is entitled to be heard first.\n(2) A decision of the Presiding Member under subclause (1) is not open to discussion or dissent.\n(3) A Member is to cease speaking immediately after being asked to do so by the Presiding Member.\n8.7 Presiding Member may take part in debates\nThe Presiding Member may take part in a discussion of any matter before the Council, subject to\ncompliance with these Local Laws.\n8.8 Relevance\n(1) A Member is to restrict his or her remarks to the motion or amendment under discussion, or to a\npersonal explanation or point of order.\n(2) The Presiding Member, at any time, may—\n(a) call the attention of the meeting to—\n(i) any irrelevant, repetitious, offensive or insulting language by a Member; or\n(ii) any breach of order by a Member; and\n(b) direct that Member, if speaking, to discontinue his or her speech.\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5073\n(3) A Member is to comply with the direction of the Presiding Member under subclause (2) by\nimmediately ceasing to speak.\n8.9 Speaking twice\nA Member is not to address the Council more than once on any motion or amendment except—\n(a) as the mover of a substantive motion, to exercise a right of reply;\n(b) to raise a point of order; or\n(c) to make a personal explanation.\n8.10 Duration of speeches\n(1) A Member is not to speak on any matter for more than 5 minutes without the consent of the Council\nwhich, if given, is to be given without debate.\n(2) An extension under this clause cannot be given to allow a Member’s total speaking time to exceed\n10 minutes.\n8.11 No speaking after conclusion of debate\nA Member is not to speak on any motion or amendment—\n(a) after the mover has replied; or\n(b) after the question has been put.\n8.12 No interruption\nA Member is not to interrupt another Member who is speaking unless—\n(a) to raise a point of order;\n(b) to call attention to the absence of a quorum;\n(c) to make a personal explanation under clause 8.13; or\n(d) to move a procedural motion that the Member be no longer heard (see clause 11.1(e)) .\n8.13 Personal explanations\n(1) A Member who wishes to make a personal explanation relating to a matter referred to by another\nMember who is then speaking is to indicate to the Presiding Member his or her intention to make a\npersonal explanation.\n(2) The Presiding Member is to determine whether the personal explanation is to be heard immediately\nor at the conclusion of the speech by the other Member.\n(3) A Member making a personal explanation is to confine his or her observations to a succinct\nstatement relating to a specific part of the speech at which he or she may have been misunderstood.\n8.14 No reopening of discussion\nA Member is not to reopen discussion on any Council decision, except to move that the decision be\nrevoked or changed (see Part 16).\n8.15 Adverse reflection\n(1) A Member is not to reflect adversely on a decision of the Council except on a motion that the decision\nbe revoked or changed (see Part 16), unless the meeting resolves without debate that the matter before\nthe meeting cannot otherwise be adequately considered.\n(2) A Member is not—\n(a) to reflect adversely on the character or actions of another Member or Officer; or\n(b) to impute any motive to a Member or Officer,\nunless the meeting resolves, without debate, that the question then before the meeting cannot\notherwise be adequately considered.\n(3) A Member is not to use offensive or objectionable expressions in reference to any Member, Officer\nor other person.\n(4) If a Member specifically requests, immediately after their use, that any particular words used by a\nMember be recorded in the minutes—\n(a) the Presiding Member is to cause the words used to be taken down and read to the meeting for\nverification; and\n(b) the Council may, by resolution, decide to record those words in the minutes.\n8.16 Withdrawal of offensive language\n(1) A Member who, in the opinion of the Presiding Member, uses an expression which—\n(a) in the absence of a resolution under clause 8.15—\n(i) reflects adversely on the character or actions of another Member or Officer; or\n(ii) imputes any motive to a Member or Officer; or\n(b) is offensive or insulting,\nmust, when directed by the Presiding Member, withdraw the expression and make a satisfactory\napology.\n(2) If a Member fails to comply with a direction of the Presiding Member under subclause (1), the\nPresiding Member may refuse to hear the Member further on the matter then under discussion and\ncall on the next speaker.\n\n5074 GOVERNMENT GAZETTE, WA 10 November 2021\nPart 9—Preserving order\n9.1 Presiding Member to preserve order\n(1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call\nany Member to order.\n(2) When the Presiding Member speaks during a debate, any Member then speaking, or indicating that\nhe or she wishes to speak, is immediately to sit down and every Member present is to preserve strict\nsilence so that the Presiding Member may be heard without interruption.\n(3) Subclause (2) is not to be used by the Presiding Member to exercise the right provided in clause 8.7,\nbut to preserve order.\n9.2 Point of order\n(1) A Member may object, by way of a point of order, only to a breach of—\n(a) any of these Local Laws; or\n(b) any other written law.\n(2) Despite anything in these Local Laws to the contrary, a point of order—\n(a) takes precedence over any discussion; and\n(b) until determined, suspends the consideration or discussion of any other matter.\n9.3 Procedures on a point of order\n(1) A Member who is addressing the Presiding Member is not to be interrupted except on a point of\norder.\n(2) A Member interrupted on a point of order is to resume his or her seat until—\n(a) the Member raising the point of order has been heard; and\n(b) the Presiding Member has ruled on the point of order,\nand, if permitted, the Member who has been interrupted may then proceed.\n9.4 Calling attention to breach\nA Member may, at any time, draw the attention of the Presiding Member to any breach of these local\nlaws.\n9.5 Ruling by the Presiding Member\n(1) The Presiding Member is to rule on any point of order which is raised by either upholding or rejecting\nthe point of order.\n(2) A ruling by the Presiding Member on a point of order is to be final unless the majority of Members\nthen present and voting, on a motion moved immediately after the ruling, dissent from the ruling.\n(3) Subject to a motion of dissent being carried under subclause (2), if the Presiding Member rules\nthat—\n(a) any motion, amendment or other matter before the meeting is out of order, it is not to be\nconsidered further; and\n(b) a statement made or act done by a Member is out of order, the Presiding Member may require\nthe Member to make an explanation, retraction or apology.\n9.6 Continued breach of order\nIf a Member—\n(a) persists in any conduct that the Presiding Member had ruled is out of order; or\n(b) refuses to make an explanation, retraction or apology required by the Presiding Member under\nclause 9.5(3),\nthe Presiding Member may direct the Member to refrain from taking any further part in the matter\nunder discussion, other than by voting, and the Member is to comply with that direction.\n9.7 Right of Presiding Member to adjourn\n(1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting\nfor a period of up to 15 minutes.\n(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.\n(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the purpose\nof preserving or regaining order, the second or subsequent adjournment may be to a later time on the\nsame day or to another day.\nPart 10—Debate of substantive motions\n10.1 Motions to be stated and in writing\nAny Member who wishes to move a substantive motion or an amendment to a substantive motion—\n(a) is to state the substance of the motion before speaking to it; and\n(b) if required by the Presiding Member, is to put the motion or amendment in writing.\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5075\n10.2 Motions to be supported\n(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has\nbeen seconded.\n(2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless the\nmotion has the support required under regulation 10 of the Regulations.\n10.3 Unopposed business\n(1) Immediately after a substantive motion has been moved and seconded, the Presiding Member may\nask the meeting if any Member opposes it.\n(2) If no Member opposes the motion, the Presiding Member may declare it carried without debate and\nwithout taking a vote.\n(3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous decision\nof the Council.\n(4) If a Member opposes a motion, the motion is to be dealt with under this Part.\n(5) This clause does not apply to a motion to revoke or change a decision which has been made at a\nCouncil meeting (see Part 16).\n10.4 Only one substantive motion at a time\nWhen a substantive motion is under debate at a meeting of the Council, no further substantive motion\nis to be accepted. The Council is not to consider more than one substantive motion at any time.\n10.5 Order of call in debate\nThe Presiding Member is to call speakers to a substantive motion in the following order—\n(a) the mover to state the motion;\n(b) a seconder to the motion;\n(c) the mover to speak to the motion;\n(d) the seconder to speak to the motion;\n(e) a speaker against the motion;\n(f) a speaker for the motion;\n(g) other speakers against and for the motion, alternating where possible; and\n(h) mover takes right of reply which closes debate.\n10.6 Limit of debate\nThe Presiding Member may offer the right of reply and put a substantive motion to the vote if he or she\nbelieves that sufficient discussion has taken place even though all Members may not have spoken.\n10.7 Member may require question to be read\nA Member may require the question or matter under discussion to be read at any time during a debate,\nbut not so as to interrupt any other Member who is speaking.\n10.8 Consent of seconder required for alteration\nThe mover of a substantive motion may not alter the wording of the motion without the consent of the\nseconder.\n10.9 Order of amendments\nAny number of amendments may be proposed to a substantive motion, but when an amendment is\nmoved to a substantive motion, no second or subsequent amendment is to be moved or considered until\nthe first amendment has been withdrawn, carried or lost.\n10.10 Form of an amendment\nAn amendment must add, delete, or substitute words to the substantive motion.\n10.11 Amendment must not negate original motion\nAn amendment to a substantive motion cannot negate the original motion or the intent of the original\nmotion.\n10.12 Relevance of amendments\nEach amendment is to be relevant to the motion in respect of which it is moved.\n10.13 Mover of motion may speak on amendment\nAny Member may speak during debate on an amendment.\n10.14 Effect of an amendment\nIf an amendment to a substantive motion is carried, the motion as amended then becomes the\nsubstantive motion, on which any Member may speak and any further amendment may be moved.\n10.15 Withdrawal of motion or amendment\n(1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a motion or\namendment on the request of the mover of the motion or amendment and with the approval of the\nseconder.\n\n5076 GOVERNMENT GAZETTE, WA 10 November 2021\n(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to\nbe withdrawn, except by consent of the majority of Members present, until the amendment proposed\nhas been withdrawn or lost.\n10.16 Right of reply\n(1) The mover of a substantive motion has the right of reply.\n(2) The mover of any amendment to a substantive motion has a right of reply.\n(3) The right of the reply may only be exercised—\n(a) where no amendment is moved to the substantive motion—at the conclusion of the discussion\non the motion; or\n(b) where one or more amendments have been moved to the substantive motion—at the conclusion\nof the discussion on the substantive motion and any amendments.\n(4) After the mover of the substantive motion has commenced the reply—\n(a) no other Member is to speak on the question;\n(b) there is to be no further discussion on, or any further amendment to, the motion.\n(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no\nnew matter is to be introduced.\n(6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as amended,\nis immediately to be put to the vote.\nPart 11—Procedural motions\n11.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion (under Part 10), a Member may\nmove the following procedural motions—\n(a) that the meeting proceed to the next item of business;\n(b) that the debate be adjourned;\n(c) that the meeting now adjourn;\n(d) that the question be now put;\n(e) that the Member be no longer heard;\n(f) that the ruling of the Presiding Member be disagreed with;\n(g) that the meeting be closed to the public (see clause 6.2).\n11.2 No debate\n(1) The mover of a motion specified in paragraph (a), (b), (c), (f) or (g) of clause 11.1 may speak to the\nmotion for not more than five minutes, the seconder is not to speak other than to formally second the\nmotion, and there is to be no debate on the motion.\n(2) The mover of a motion specified in paragraph (d) or (e) of clause 11.1 may not speak to the motion,\nthe seconder is not to speak other than to formally second the motion, and there is to be no debate on\nthe motion.\n11.3 Who may move\nNo person who has moved, seconded, or spoken for or against the substantive motion, or any\namendment to the substantive motion, may move any procedural motion which, if carried, would close\nthe debate on the substantive motion or amendment.\n11.4 Procedural motions—right of reply on substantive motion\nThe carrying of a procedural motion which closes debate on the substantive motion or amendment and\nforces a decision on the substantive motion or amendment does not deny the right of reply to the mover\nof the substantive motion.\n11.5 Meeting to proceed to the next business\nThe motion “that the meeting proceed to the next business”, if carried, has the effect that—\n(a) the debate on the substantive motion or amendment ceases immediately;\n(b) no decision is made on the substantive motion;\n(c) the Council moves to the next item of business; and\n(d) there is no requirement for the matter to be raised again for consideration.\n11.6 Debate to be adjourned\nA motion “that the debate be adjourned”—\n(a) is to state the time to which the debate is to be adjourned; and\n(b) if carried, has the effect that all debate on the substantive motion or amendment ceases\nimmediately, but continues at the time stated in the motion.\n11.7 Meeting now adjourned\n(1) A Member is not to move or second more than one motion of adjournment during the same sitting\nof the Council.\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5077\n(2) Before putting the motion for the adjournment of the Council, the Presiding Member may seek leave\nof the Council to deal first with matters that may be the subject of an adoption by exception resolution.\n(3) A motion “that the meeting now adjourn”—\n(a) is to state the time and date to which the meeting is to be adjourned; and\n(b) if carried, has the effect that the meeting is adjourned to the time and date specified in the\nmotion.\n(4) A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned,\nunless the Presiding Member or the Council determines otherwise.\n11.8 Question to be put\n(1) If the motion “that the question be now put”, is carried during debate on a substantive motion\nwithout amendment, the Presiding Member is to offer the right of reply and then put the motion to the\nvote without further debate.\n(2) If the motion “that the question be now put” is carried during discussion of an amendment, the\nPresiding Member is to put the amendment to the vote without further debate.\n(3) This motion, if lost, causes debate to continue.\n11.9 Member to be no longer heard\nIf the motion “that the member be no longer heard”, is carried, the speaker against whom the motion\nhas been moved cannot speak further on the current substantive motion, or any amendment relating\nto it, except to exercise the right of reply if he or she is the mover of the substantive motion.\n11.10 Ruling of the Presiding Member to be disagreed with\nIf the motion “that the ruling of the Presiding Member be disagreed with”, is carried, that ruling is to\nhave no effect and the meeting is to proceed accordingly.\nPart 12—Disclosure of interests\n12.1 Disclosure of interests\nDisclosure of interests is dealt with in the Act.\nPart 13—Voting\n13.1 Question—when put\n(1) Immediately after the debate on any question is concluded and the right of reply has been exercised,\nthe Presiding Member—\n(a) is to put the question to the Council; and\n(b) if requested by any Member, is to again state the terms of the question.\n(2) A Member is not to leave the meeting when the Presiding Member is putting any question.\n13.2 Voting\nVoting is dealt with in the Act and the Regulations.\n13.3 Majorities required for decisions\nThe majorities required for decisions of the Council and committees are dealt with in the Act.\n13.4 Method of taking vote\n(1) In taking the vote on any motion or amendment the Presiding Member—\n(a) is to put the question, first in the affirmative, and then in the negative;\n(b) may put the question in this way as often as may be necessary to enable him or her to determine\nwhether the affirmative or the negative has the majority of votes;\n(c) may accept a vote on the voices or may require a show of hands; and,\n(d) is, subject to this clause, to declare the result.\n(2) If a Member calls for a show of hands, the result of the vote is to be determined on the count of raised\nhands.\n(3) If a member of council or a committee specifically requests that there be recorded—\n(a) his or her vote; or,\n(b) the vote of all members present,\non a matter voted on at a meeting of the council or committee, the person presiding is to cause the vote\nor votes, as the case may be, to be recorded in the minutes.\n(4) If a Member calls for a division—\n(a) those voting in the affirmative are to pass to the right of the Chair; and\n(b) those voting in the negative are to pass to the left of the Chair.\n(5) For every division, the CEO is to record—\n(a) the name of each member who voted; and\n(b) whether he or she voted in the affirmative or negative.\n\n5078 GOVERNMENT GAZETTE, WA 10 November 2021\nPart 14—Minutes of meetings\n14.1 Keeping of minutes\nThe keeping and confirmation of minutes are dealt with in the Act.\n14.2 Content of minutes\n(1) The content of minutes is dealt with in the Regulations.\n(2) In addition to the matters required by regulation 11, the minutes of a Council meeting is to include,\nwhere an application for approval is refused or the authorisation of a licence, permit or certificate is\nwithheld or cancelled, the reasons for the decision.\n14.3 Public inspection of unconfirmed minutes\nThe public inspection of unconfirmed minutes is dealt with in the Regulations.\n14.4 Confirmation of minutes\n(1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to their\nconfirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes, the\nMember may provide the Local Government with a written copy of the alternative wording to amend\nthe minutes no later than 7 clear working days before the next ordinary meeting of the Council.\n(2) At the next ordinary meeting of the Council, the Member who provided the alternative wording\nshall, at the time for confirmation of minutes—\n(a) state the item or items with which he or she is dissatisfied; and\n(b) propose a motion clearly outlining the alternative wording to amend the minutes.\n(3) Members must not discuss items of business contained in the minutes, other than discussion as to\ntheir accuracy as a record of the proceedings.\nPart 15—Adjournment of meeting\n15.1 Meeting may be adjourned\nThe Council may adjourn any meeting—\n(a) to a later time on the same day; or\n(b) to any other time on any other day, including a time which coincides with the conclusion of\nanother meeting or event.\n15.2 Effect of adjournment\nWhere any matter, motion, debate or meeting is adjourned under these Local Laws—\n(a) the names of Members who have spoken on the matter prior to the adjournment are to be\nrecorded in the minutes;\n(b) debate is to be resumed at the next meeting at the point where it was interrupted; and\n(c) the provisions of clause 8.9 [speaking twice] apply when the debate is resumed.\nPart 16—Revoking or changing decisions\n16.1 Requirements to revoke or change decisions\nThe requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of\nthe Regulations.\n16.2 Limitations on powers to revoke or change decisions\n(1) Subject to subclause (2), the Council or a committee is not to consider a motion to revoke or change\na decision—\n(a) where, at the time the motion is moved or notice is given, any action has been taken under\nclause 16.3 to implement the decision; or\n(b) where the decision is procedural in its form or effect.\n(2) The Council or a committee may consider a motion to revoke or change a decision of the kind\ndescribed in subclause (1)(a) if the motion is accompanied by a written statement of the legal and\nfinancial consequences of carrying the motion.\n16.3 Implementing a decision\n(1) In this clause—\n(a) “authorisation” means a licence, permit, approval or other means of authorising a person to do\nanything;\n(b) “implement”, in relation to a decision, includes—\n(i) communicate notice of the decision to a person affected by, or with an interest in, the\ndecision; and\n(ii) take any other action to give effect to the decision; and\n(c) “valid notice of revocation motion” means a notice of motion to revoke or change a decision that\ncomplies with the requirements of the Act, Regulations and the local laws and may be\nconsidered, but has not yet been considered, by the Council or a committee as the case may be.\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5079\n(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a\nmeeting is not to be implemented by the CEO or any other person until the afternoon of the first\nbusiness day after the commencement of the meeting at which the decision was made.\n(3) The Council or a committee may, by resolution carried at the same meeting at which a decision was\nmade, direct the CEO or another person to take immediate action to implement the decision.\n(4) A decision made at a meeting is not to be implemented by the CEO or any other person—\n(a) if, before commencing any implementation action, the CEO or that person is given a valid notice\nof revocation motion; and\n(b) unless and until the valid notice of revocation motion has been determined by the Council or\nthe committee as the case may be.\n(5) The CEO is to ensure that members of the public attending the meeting are informed by an\nappropriate notice that a decision to grant an authorisation—\n(a) is to take effect only in accordance with this clause; and\n(b) cannot be acted upon by the person who has been granted the authorisation unless and until\nthe decision has been implemented in accordance with this clause.\nPart 17—Suspension of Local Laws\n17.1 Suspension of Local Laws\n(1) A Member may at any time move that the operation of one or more of the provisions of these Local\nLaws be suspended.\n(2) A Member moving a motion under subclause (1) is to state the reasons for the motion but no other\ndiscussion is to take place.\n(3) A motion under subclause (1) which is—\n(a) seconded; and\n(b) carried by an absolute majority,\nis to suspend the operation of the clause or clauses to which the motion relates for the duration of the\nmeeting, unless the meeting earlier resolves otherwise.\n17.2 Where local laws do not apply\n(1) In situations where—\n(a) one or more provisions of these local laws have been suspended; or\n(b) a matter is not regulated by the Act, the Regulations or these Meeting Procedures,\nthe Presiding Member is to decide questions relating to the conduct of the meeting.\n(2) The decision of the Presiding Member under subclause (1) is final, except where a motion is moved\nand carried under clause 11.10.\n17.3 Cases not provided for in local laws\nThe Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where\nthese local laws, the Act or the Regulations are silent. The decision of the Presiding Member in these\ncases is final, except where a motion is moved and carried under clause 11.10.\nPart 18—Meetings of electors\n18.1 Electors’ general meetings\nElectors’ general meetings are dealt with in the Act.\n18.2 Matters for discussion at electors’ general meetings\nThe matters to be discussed at electors’ general meetings are dealt with in the Regulations.\n18.3 Electors’ special meetings\nElectors’ special meetings are dealt with in the Act.\n18.4 Requests for electors’ special meetings\nRequests for electors’ special meetings are dealt with in the Regulations.\n18.5 Convening electors’ meetings\nConvening electors’ meetings is dealt with in the Act.\n18.6 Who presides at electors’ meetings\nWho presides at electors’ meetings is dealt with in the Act.\n18.7 Procedure for electors’ meetings\n(1) The procedure for electors’ meetings is dealt with in the Act and the Regulations.\n(2) In exercising his or her discretion to determine the procedure to be followed at an electors’ meeting,\nthe Presiding Member is to have regard to these local laws.\n18.8 Participation of non-electors\nA person who is not an elector of the Local Government shall not take part in any discussion at an\nelectors’ meeting unless the meeting, by resolution, permits the person do so.\n\n5080 GOVERNMENT GAZETTE, WA 10 November 2021\n18.9 Voting at electors’ meetings\nVoting at electors’ meetings is dealt with in the Regulations.\n18.10 Minutes of electors’ meetings\nMinutes of electors’ meetings are dealt with in the Act.\n18.11 Decisions made at electors’ meetings\nDecisions made at electors’ meetings are dealt with in the Act.\nPart 19—Enforcement\n19.1 Penalty for breach\nA person who breaches a provision of these Local Laws commits an offence.\nPenalty: $1,000.00 and a daily penalty of $100.00.\n19.2 Who can prosecute\nWho can prosecute is dealt with in the Act.\nThe Common Seal of the Shire of Carnarvon was affixed by authority of a resolution of the Council in\nthe presence of—\nBURKE MASLEN, Deputy Shire President.\nANDREA SELVEY, Chief Executive Officer.\nDated: 29 October 2021.\n———————————\nWaste Avoidance and Resource Recovery Act 2007\nLocal Government Act 1995\nShire of Carnarvon\nWaste Local Law 2021\nUnder the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007 and the Local\nGovernment Act 1995 and under all other enabling powers, the Council of the Shire of Carnarvon\nresolved on 22 June 2021 to make the following local law.\nPart 1—Preliminary\n1.1 Short title\nThis is the Shire of Carnarvon Waste Local Law 2021.\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\nThis Waste Local Law repeals Division 2 of Part 4 of the Shire of Carnarvon Health Local Laws 1997,\nwith the exception of clause 48, as published in the Government Gazette on 23 July 1997 (which include\namendments to Part 4 Division 2 of the Shire of Carnarvon Health Local Laws 1997 made by the Shire\nof Carnarvon Health Amendment Local Law 2002).\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 waste\nthat is—\n(a) a recycling waste receptacle;\n(b) a general waste receptacle; or\n(c) an organic waste receptacle;\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5081\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 Shire of Carnarvon;\nlocal government waste has the same meaning as in the WARR Act;\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;\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 contractor,\nor 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 subclause (a);\n(d) After the period referred to in subclause (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 LG\nAct; and\n(e) The determination must be recorded in a publicly accessible register of determinations that\nmust be maintained by the local government.\n\n5082 GOVERNMENT GAZETTE, WA 10 November 2021\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(2) The owner of premises to which subclause (1) applies must—\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 non-\ncollectable waste.\n(2) A person must not deposit waste in a receptacle that has been provided for the use of other premises\nwithout 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\nreceptacle—\n(a) where the receptacle has a capacity of 140 litres—more than 70 kilograms of collectable waste;\nor\n(b) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\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\nreceptacle—\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 360 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\ngovernment.\n2.5 Organic waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in an organic waste\nreceptacle—\n(a) anything other than the particular type of organic waste for which that receptacle was provided\nby 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\ngovernment.\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\n10 November 2021 GOVERNMENT GAZETTE, WA 5083\n(a) except for a reasonable period before and after collection time, keep each receptacle in a storage\nspace or area that is behind the street alignment;\n(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the premises,\nor other area as determined by the local government, to ensure that, within a reasonable period\nbefore collection time, each receptacle is—\n(i) within 1 metre of the carriageway;\n(ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way or\ncarriageway; and\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; and\n(c) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as\npracticable, after the event.\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 comply\nwith 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 authorised\nperson, remove a receptacle from any premises to which it was delivered by the local\ngovernment 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; and\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 increase\nthe 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 local\ngovernment 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 reasonable steps to ensure that an adequate number of receptacles are provided to contain\nall waste which accumulates or may accumulate in or from the premises;\n(b) 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, rodents\nand 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 clean,\ndisinfect, deodorise and apply a residual insecticide to each receptacle.\n\n5084 GOVERNMENT GAZETTE, WA 10 November 2021\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.\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.\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 this\nclause 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.\n4.6 Prohibited activities\n(1) Unless authorised by the local government, a person must not—\n(a) remove any waste or any other thing from a waste facility;\n(b) deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or hazardous,\nor the depositing of which is regulated or prohibited by any written law;\n(c) light a fire in a waste facility;\n(d) remove, damage or otherwise interfere with any flora in a waste facility;\n(e) remove, injure or otherwise interfere with any fauna in a waste facility; or\n(f) damage, deface or destroy any building, equipment, plant or property within a waste facility.\n(2) A person must not act in an abusive or threatening manner towards any person using, or engaged\nin the management or operation of, a waste facility.\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5085\nPart 5—Enforcement\n5.1 Objection and appeal rights\nDivision 1 of Part 9 of the Local Government Act 1995 applies to a decision under this local law to grant,\nrenew, vary or cancel—\n(a) An approval under clause 2.7(b);\n(b) An exemption under clause 2.8(2);\n(c) An approval under clause 2.9(b);\n(d) An approval under clause 2.10(1);\n(e) An authorisation under clause 3.2(1)(c);\n(f) An approval granted under clause 3.2(2); and\n(g) An approval under clause 3.3.\n5.2 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(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding $500\nin respect of each day or part of a day during which the offence has continued.\n5.3 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 penalty\nimposed under clause 5.2, to pay to the local government the costs and expenses incurred by the local\ngovernment 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 the\nlocal government, in a court of competent civil jurisdiction.\n5.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section\n9.16(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.\n5.5 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.\nSchedule 1—Meaning of ‘non-collectable waste’\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 or 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 the\nreceptacle 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 to be non-collectable waste.\n\n5086 GOVERNMENT GAZETTE, WA 10 November 2021\nSchedule 2—Prescribed offences\nItem\nNo.\nClause No. Description Modified\nPenalty ($)\n1 2.1(2)(a) Failing to pay fee or charge 100\n2 2.1(2)(b) Failing to ensure lawful use of receptacle 100\n3 2.2(1) Depositing non-collectable waste in a receptacle 100\n4 2.2(2) Depositing waste in another receptacle without consent 100\n5 2.3(1) Exceeding weight capacity of a general waste receptacle 100\n6 2.3(2) and (3) Depositing unauthorised waste in a general waste\nreceptacle\n100\n7 2.4(a) Depositing unauthorised waste in a recycling waste\nreceptacle\n100\n8 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle 100\n9 2.5(a) Depositing unauthorised waste in an organic waste\nreceptacle\n100\n10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle 100\n11 2.6(3) Failing to comply with a direction concerning placement or\nremoval of a receptacle\n100\n12 2.7(a) Failing to keep a receptacle in the required location 100\n13 2.7(b) Failing to place a receptacle for collection in a lawful\nposition\n100\n14 2.7(c) Failing to notify of a lost, stolen, damaged or defective\nreceptacle\n100\n15 2.9(a) Damaging, destroying or interfering with a receptacle 150\n16 2.9(b) Removing a receptacle from premises without permission\nor authorisation\n100\n17 2.10(1) Failing to comply with a term or condition of verge waste\ncollection\n100\n18 2.10(2) Removing waste from a verge waste collection for\ncommercial purposes\n150\n19 2.10(3) Disassembling or tampering with waste deposited for\ncollection\n150\n20 3.1(a) Failing to provide a adequate number of receptacles 100\n21 3.1(b) Failing to keep a receptacle in a good condition and repair 100\n22 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a\nreceptacle\n150\n23 3.1(c)(ii) Failing to prevent the emission of offensive or noxious\nodours from a receptacle\n150\n24 3.1(c)(iii) Allowing a receptacle to cause a nuisance 150\n25 3.1(d) Failing to comply with a direction to clean, disinfect or\ndeodorise receptacle\n150\n26 3.2(1) Unauthorised removal of waste from premises 100\n27 3.2(2) Removing waste from a receptacle without approval 100\n28 3.3 Depositing household, commercial or other waste into, or\nremoving waste from, a receptacle provided for the use of\nthe general public in a public place without approval\n100\n29 4.3(2) Failing to comply with a sign or direction 100\n30 4.3(4) Failing to comply with a direction to leave 100\n31 4.4(1) Disposing waste without payment of fee or charge 100\n32 4.5(1) Depositing waste contrary to sign or direction 100\n33 4.6(1)(a) Removing waste without authority in a waste facility 250\n34 4.6(1)(b) Depositing toxic, poisonous or hazardous waste at a waste\nfacility\n500\n35 4.6(1)(c) Lighting a fire in a waste facility 300\n36 4.6(1)(d) Removing or interfering with any flora in a waste facility 300\n37 4.6(1)(e) Removing or interfering with any fauna without approval\nin a waste facility\n300\n38 4.6(1)(f) Damaging, defacing or destroying any building,\nequipment, plant or property within a waste facility\n500\n39 4.6(2) Acting in an abusive or threatening manner 300\n\n10 November 2021 GOVERNMENT GAZETTE, WA 5087\nConsented to—\nMIKE ROWE, Chief Executive Officer,\nDepartment of Water and Environmental Regulation.\nDated this 2nd of March 2021.\nThe Common Seal of the Shire of Carnarvon was affixed by authority of a resolution of the Council in\nthe presence of—\nBURKE MASLEN, Deputy Shire President.\nANDREA SELVEY, Chief Executive Officer.\nDated: 29 October 2021.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Waste Local Law expressly repeals Division 2 of Part 4 of the Shire of Carnarvon Health Local Laws 1997 (except clause 48) (cl.1.4), thereby replacing prior local provisions on the subject. A fuller assessment of any additional scope changes or gaps compared with earlier drafts or instruments requires the complete Waste Local Law text and any amending documents."},"complexity_factors":["Extensive defined terms and cross-references to state statutes (WARR Act; LG Act) and internal clauses (see cl.1.5)","Local determinations that require annual local public notice and a public register (cl.1.6) — increases administrative and transparency requirements","Mixture of prescriptive operational rules (supply/use/placement of receptacles: Part 2, cl.2.1–2.7) and discretionary powers (authorised persons, exemptions and approvals: cl.2.8, cl.3.2, cl.3.3)","Fees, charges and contractual interactions with contractors and waste facilities (cl.1.7; cl.4.4; cl.4.1) — interfaces with budgetary and commercial arrangements","Detailed enforcement regime with criminal penalties, continuing penalties, cost-recovery, prescribed offences and modified penalties (Part 5; Schedule 2) — multiple enforcement pathways","Operational detail for waste facilities (Part 4: signs, classifications, prohibited activities) plus schedules defining non-collectable waste (Schedule 1) — practical compliance complexity"],"plain_english_summary":"Please provide the complete text of the Shire of Carnarvon Waste Local Law 2021 (all clauses, schedules, and any amendments). The Gazette extract you supplied contains the law heading and portions, but I need the full instrument or confirmation that the pasted pages are complete before I can produce a grounded analysis of who pays, compliance burdens, delegated discretions and enforcement mechanisms."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to be operating within its original intended scope. The four local laws each address discrete, traditional local government functions: emergency services management (bush fire brigades), cemetery administration, meeting governance, and waste management. There is no evidence of significant scope creep beyond these core local government responsibilities. The Cemeteries Amendment is explicitly limited to updating terminology and accommodating disability discrimination law, while the Waste Local Law repeals and replaces specific provisions of earlier health laws without expanding into new regulatory areas."},"complexity_factors":["Four distinct local laws bundled in one gazettal notice, each with separate subject matter and operational frameworks","Meeting Procedures Local Law contains extensive procedural detail: 19 Parts, 80+ clauses, nested exceptions (e.g., clause 16.3 on implementing decisions with 5 subclauses and defined terms like 'valid notice of revocation motion')","Waste Local Law includes 25 defined terms in clause 1.5, cross-references to the Waste Avoidance and Resource Recovery Act 2007 and Local Government Act 1995, and a detailed Schedule of 39 prescribed offences with specific modified penalties","Multiple conditional triggers: 'unless the context otherwise requires', 'subject to', 'where applicable', 'if...then' structures throughout, particularly in clauses 2.8 (exemptions), 3.1 (duties), and 4.4 (fees)","Complex hierarchy of motions and amendments in Meeting Procedures (Parts 10-11) with specific sequencing rules, rights of reply, and procedural motion limitations","Temporal conditions: 14-day commencement delays, 72-hour notice periods, 8 working days for notices of motion, 3-month lapse periods, 15-minute suspension limits","Joint and several liability clauses (clause 1.5(2) of Waste Local Law) creating overlapping duties on owners and occupiers"],"plain_english_summary":"The Shire of Carnarvon’s four 2021 local laws update how the district runs volunteer bush fire brigades, manages cemeteries, conducts council meetings, and regulates waste services. They set governance and duties for brigade members, modernise cemetery rules to allow assistance animals, prescribe meeting procedure and conduct (including public participation and penalties), and tighten household and tip controls with bin rules and enforcement.\n\nTogether these laws affect volunteers, residents, businesses, councillors and visitors by clarifying rights, responsibilities and penalties across safety, access, governance and waste management."}},"importantCases":[],"_links":{"self":"/api/acts/waste-local-law-2021","history":"/api/acts/waste-local-law-2021/history","analysis":"/api/acts/waste-local-law-2021/analysis","conflicts":"/api/acts/waste-local-law-2021/conflicts","importantCases":"/api/acts/waste-local-law-2021/important-cases","documents":"/api/acts/waste-local-law-2021/documents"}}