Part 1PRELIMINARY

PART 1— PRELIMINARY This local law may be cited as the Shire of Augusta Margaret River Activities in Thoroughfares and Public Places and Trading Local Law 2020. This local law comes into operation 14 days after the date of its commencement in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Repeal This local law repeals the Shire of Augusta Margaret River Activities in Thoroughfares and Public Places and Trading Local Law 2010 as published in the Government Gazette on 5 March 2010 and as amended in the Government Gazette on 6 September 2011 and 23 December 2013. 1.5 Definitions In this local law unless the context otherwise requires— Act means the Local Government Act 1995; applicant means a person who applies for a permit; authorised person means a person authorised by the local government under section 9.10 of the Act to perform any of the functions of an authorised person under this local law; built-up area has the meaning given to it in the bulk rubbish container means a bin or container designed or used for holding a substantial quantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does not include a bin or container used in connection with the local government’s regular domestic rubbish collection service; carriageway has the meaning given to it in the CEO means the chief executive officer of the local government; commencement day means the day on which this local law comes into operation; Council means the council of the local government; crossing means a crossing giving access from a public thoroughfare to— (a) private land; or (b) private thoroughfare serving private land; district means the district of the local government; footpath has the meaning given to it in the garden means any part of a thoroughfare planted, developed or treated, otherwise than as a lawn, with one or more plants; intersection has the meaning given to it in the kerb includes the edge of a carriageway; lawn means any part of a thoroughfare which is planted only with grass, or with a similar plant, but will include any other plant provided that it has been planted by the local government;

liquor has the meaning given to it in section 3 of the Liquor Control Act 1988; local government means the Shire of Augusta Margaret River ; local government property means anything except a thoroughfare— (a) which belongs to the local government; (b) of which the local government is the management body under the Land Administration Act 1997; or (c) which is an “otherwise unvested facility” within section 3.53 of the Act; local planning scheme means a local planning scheme of the local government made under the lot has the meaning given to it in the owner or occupier in relation to land does not include the local government; permissible verge treatment means any one of the 4 treatments described in clause 2.8(2), and includes any reticulation pipes and sprinklers; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; person does not include the local government; premises for the purpose of the definition of “public place” in both this clause and clause 6.1, means a building or similar structure, but does not include a carpark or a similar place; public place includes any thoroughfare or place which the public are allowed to use, whether or not the thoroughfare or place is on private property, but does not include— (a) premises on private property from which trading is lawfully conducted under a written law; and (b) local government property; Regulations means the Local Government (Functions and General) Regulations 1996; sign includes a notice, flag, mark, structure or device on which may be shown words, numbers, expressions or symbols; thoroughfare has the meaning given to it in the Act, but does not include a private thoroughfare which is not under the management control of the local government; town planning scheme means a town planning scheme of the local government made under the townsite means the townsites within the Shire of Augusta Margaret River district which are— (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in clause 37 of Schedule 9.3 of the Act; vehicle includes— (a) every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise; and (b) an animal being ridden or driven, but excludes— (c) a wheel-chair or any device designed for use by a physically impaired person on a footpath; and (d) a pram, a stroller or a similar device. verge means that part of a thoroughfare between the carriageway and the land which abuts the thoroughfare, but does not include any footpath. written law has the same meaning given to it by section 5 of Interpretation Act 1984 and includes this local law. PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES Division 1—General 2.1 General prohibitions (1) A person shall not— (a) plant any plant (except grasses or a similar plant) within 6 meters of an intersection; (b) damage a lawn or a garden or remove any plant or part of a plant from a lawn or a garden unless— (i) the person is the owner or the occupier of the lot abutting that portion of the thoroughfare and the lawn or the garden or the particular plant has not been installed or planted by the local government; or (ii) the person is acting under the authority of a written law; (c) plant any plant (except grass or a similar plant) on a thoroughfare so that it is within 1m of a carriageway; (d) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or otherwise, but not water) which may create a hazard for any person using the footpath;