PART 3—ADVERTISING SIGNS ON THOROUGHFARES
3.1 Interpretation
In this Part, unless the context otherwise requires—
advertising sign means a sign used for the purpose of advertisement and includes an “election
sign”;
direction sign means a sign which indicates the direction of another place, activity or event, but
does not include any such sign erected or affixed by the local government or the
Commissioner of Main Roads;
election sign means a sign or poster which advertises any aspect of a forthcoming Federal, State
or Local Government election;
portable direction sign means a portable free standing direction sign; and
portable sign means a portable free standing advertising sign.
Division 2—Permit
3.2 Advertising signs and portable direction signs
(1) A person shall not, without a permit—
(a) erect or place an advertising sign on a thoroughfare; or
(b) post any bill or paint, place or affix any advertisement on a thoroughfare.
(2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign
which neither exceeds 500mm in height nor 0.5m2 in area, provided that the sign is placed or erected
on a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or
event during the hours of that activity or event.
(3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign—
(a) over any footpath where the resulting vertical clearance between the sign and the footpath is
less than 2.5m;
(b) in any other location where, in the opinion of the local government, the sign is likely to
obstruct lines of sight along a thoroughfare or cause danger to any person using the
thoroughfare; or
(c) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the
structural approaches to a bridge.
3.3 Matters to be considered in determining application for permit
In determining an application for a permit for the purpose of clause 3.2(1), the local government is to
have regard to—
(a) any other written law regulating the erection or placement of signs within the district;
(b) the dimensions of the sign;
(c) other advertising signs already approved or erected in the vicinity of the proposed location of
the sign;
(d) whether or not the sign will create a hazard to persons using a thoroughfare;
(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant; and
(f) any other matters it considers relevant.
Division 3—Conditions on permit
3.4 Conditions on portable sign
If the local government approves an application for a permit for a portable sign, the application is to
be taken to be approved subject to the following conditions—
(a) the portable sign shall—
(i) not exceed 0.8m in height;
(ii) not exceed 0.6m in width;
(iii) relate only to the business activity described on the permit;
(iv) contain letters not less than 200mm in height;
(v) not be erected in any position other than immediately adjacent to the building or the
business to which the sign relates;
(vi) be removed each day at the close of the business to which it relates and not be erected
again until the business next opens for trading;
(vii) be secured in position in accordance with any requirements of the local government;
(viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access
to a place by any person; and
(ix) be maintained in good condition; and
(b) no more than one portable sign shall be erected in relation to the one building or business.
3.5 Conditions on election sign
If the local government approves an application for a permit for the erection or placement of an
election sign on a thoroughfare, the application is to be taken to be approved subject to the sign—
(a) being erected at least 30m from any intersection;
(b) being free standing and not being affixed to any existing sign, post, power or light pole, or
similar structure;
(c) being placed so as not to obstruct or impede the reasonable use of a thoroughfare, or access to
a place by any person;
(d) being placed so as not to obstruct or impede the vision of a driver of a vehicle entering or
leaving a thoroughfare or crossing;
(e) being maintained in good condition;
(f) not being erected until the election to which it relates has been officially announced;
(g) being removed within 24 hours of the close of polls on voting day;
(h) not being placed within 100m of any works on the thoroughfare;
(i) being securely installed;
(j) not being an illuminated sign;
(k) not incorporating reflective or fluorescent materials; and
(l) not displaying only part of a message which is to be read with other separate signs in order to
obtain the whole message.
3.6 Exemption
(1) The local government may exempt the holder of a valid stallholders permit, traders permit, facility
permit or other event authorisation issued by the local government, from all or part of the
prohibitions in clause 3.2 in relation to an advertisement that directly relates to the goods and
services which are the subject of the permit or authorisation.
(2) Signs erected by the local government or an authority empowered to do so under a written law are
exempted from the requirement to obtain a permit.
3.7 Impounding advertising signs
Any sign which contravenes clause 3.2 may be removed, impounded or disposed of in accordance with
Subdivision 4 of Division 3 of Part 3 of the Act and regulation 29 of the Regulations.
PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS
Division 1—Animals and vehicles
4.1 Leaving animal or vehicle in public place or on local government property
(1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on
local government property so that it obstructs the use of any part of that public place or local
government property, unless that person has first obtained a permit or is authorised to do so under a
written law.
(2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not
exceeding 1 hour.
(3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding
24 hours.
4.2 Prohibitions relating to animals
(1) In subclause (2), “owner” in relation to an animal includes—
(a) an owner of it;
(b) a person in possession of it;
(c) a person who has control of it; and
(d) a person who ordinarily occupies the premises where the animal is permitted to stay.
(2) An owner of an animal shall not—
(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the
thoroughfare as a thoroughfare and unless it is led, ridden or driven;
(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a
public place; or
(c) train or race the animal on a thoroughfare.
(3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare in a built-up area,
unless that person does so under a permit or under the authority of a written law.
Division 2—Shopping trolleys
4.3 Interpretation
In this Division—
retailer means a proprietor of a shop in respect of which shopping trolleys are provided for the use
of customers of the shop; and
shopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person
to transport goods.
4.4 Shopping trolley to be marked
A retailer shall clearly mark its name or its trading name on any shopping trolley made available for
the use of customers.
4.5 Person not to leave trolley in public place
A person shall not leave a shopping trolley in a public place other than in an area set aside for the
storage of shopping trolleys.
4.6 Retailer to remove abandoned trolley
(1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of
shopping trolleys, the local government may advise (verbally or in writing) a retailer whose name is
marked on the trolley of the location of the shopping trolley.
(2) A retailer shall remove a shopping trolley within 24 hours of being so advised under subclause (1),
unless the retailer—
(a) requests the local government to collect and deliver the shopping trolley to the retailer; and
(b) pays any fee for that collection and delivery (imposed and determined under and in
accordance with sections 6.16 to 6.19 of the Act) within the period specified by the local
government.
PART 5—ROADSIDE CONSERVATION
5.1 Interpretation
In this Part—
MRWA means Main Roads Western Australia;
specially protected flora has the meaning given to it in section 5(1) of the
Biodiversity
Conservation Act 2016;
threatened flora has the meaning given to it in section 5(1) of the
Biodiversity Conservation
Act 2016; and
special environmental area means an area designated as such under clause 5.7.
5.2 Application
This Part does not apply to the townsite.
Division 2—Flora roads
5.3 Declaration of flora road
The local government may declare a thoroughfare which has, in the opinion of the local government,
high quality roadside vegetation to be a flora road.
5.4 Construction works on flora roads
Construction and maintenance work carried out by the local government on a flora road is to be in
accordance with the “Handbook of Environmental Practice for Road Construction and Road
Maintenance Works”.
5.5 Signposting of flora roads
The local government may signpost flora roads with the standard MRWA “flora road” sign.
5.6 Driving only on carriageway of flora roads
(1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the
carriageway.
(2) Subclause (1) does not apply where—
(a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the
carriageway;
(b) there is no carriageway; or
(c) an exemption from the application of subclause (1) has been obtained from the local
government.
Division 3—Special environmental areas
5.7 Designation of special environmental areas
The local government may designate a thoroughfare, or any part of a thoroughfare, as a special
environmental area which—
(a) has specially protected flora or threatened flora; or
(b) in the opinion of the local government, has environmental, aesthetic or cultural significance.
5.8 Marking of special environmental areas
The local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare,
designated as a special environmental area.
Division 4—Planting in thoroughfares
5.9 Permit to plant
A person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a
5.10 Relevant considerations in determining application
In determining an application for a permit for the purpose of clause 5.9, the local government is to
have regard to—
(a) existing vegetation within that part of the thoroughfare in which the planting is to take place;
and
(b) the diversity of species and the prevalence of the species which are to be planted or sown.
Division 5—Clearance of vegetation
5.11 Permit to clear
A person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1m of
that person’s land without first obtaining a permit and any other approvals which may be required
under any written law.
5.12 Application for permit
In addition to the requirements of clause 7.1(2), a person making an application for a permit for the
purpose of clause 5.11 shall submit a sketch plan clearly showing the boundary of the person’s land
and the portions of the thoroughfare joining that person’s land which are to be cleared.
Division 6—Fire management
5.13 Permit to burn thoroughfare
A person shall not burn part of a thoroughfare without first obtaining a permit or unless acting under
the authority of any other written law.
5.14 Application for permit
In addition to the requirements of clause 7.1(2), an application for a permit for the purposes of clause
5.13 shall—
(a) include a sketch plan showing the portions of a thoroughfare which are proposed to be
burned; and
(b) advise of the estimated fire intensity and the measures to be taken to protect upper storey
vegetation from the burn.
5.15 When application for permit can be approved
The local government may approve an application for a permit for the purpose of clause 5.13 only if
the burning of the particular part of the thoroughfare will—
(a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the
use of herbicides, are considered by the local government to be not feasible or more
detrimental to native flora and fauna than burning; or
(b) in the opinion of the local government, be beneficial for the preservation and conservation of
native flora and fauna.
5.16 Prohibitions on burning
Notwithstanding anything to the contrary in this local law, an application for a permit for the purpose
of clause 5.13 is not to be approved by the local government—
(a) for burning between 31 August and 1 May of the following year where the intensity of the
burn could damage native flora and fauna; or
(b) in any year to any person for any part of a thoroughfare which is on the opposite side of the
carriageway to that portion of the thoroughfare for which a permit to burn has been approved
in the same year.
Division 7—Firebreaks
5.17 Permit for firebreaks on thoroughfares
A person shall not construct a firebreak on a thoroughfare without first obtaining a permit.
5.18 When application for permit cannot be approved
(1) The local government is not to approve an application for a permit for the purpose of clause 5.17
where the thoroughfare is less than 20m wide.
(2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government,
desirable for the protection of roadside vegetation.
Division 8—Commercial wildflower harvesting on thoroughfares
5.19 General prohibition on commercial wildflower harvesting
Subject to clause 5.20, a person shall not commercially harvest native flora on a thoroughfare.
5.20 Permit for revegetation projects
(1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a
(2) The local government may approve an application for a permit under subclause (1) only where—
(a) the seed is required for a revegetation project in any part of the district; and
(b) the thoroughfare, or the relevant part of it, is not a special environmental area.
(3) Unless the local government specifically provides to the contrary on a permit, if the local
government approves an application for a permit for the purpose of subclause (1) it is to be taken to be
approved subject to the following conditions—
(a) the collection of the seed is to be carried out so as not to endanger the long time survival of
the native flora on the thoroughfare; and
(b) any licence or approval which may be required under any other written law is to be obtained
by the applicant.
PART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES
Division 1—Stallholders and traders
6.1 Interpretation
In this Division, unless the context otherwise requires—
Competition Principles Agreement means the Competition Principles Agreement executed by
each State and Territory of the Commonwealth and the Commonwealth of Australia on
11 April 1995;
public place includes—
(a) any thoroughfare or place which the public are allowed to use whether or not the
thoroughfare or place is on private property; and
(b) local government property,
but does not include premises on private property from which trading is lawfully conducted
under a written law.
stall means a movable or temporarily fixed structure, stand or table in, on or from which goods or
services are sold, hired or offered for sale or hire, funds are solicited, or information displayed
or provided;
stallholder means a person in charge of a stall;
stallholder’s permit means a permit issued to a stallholder;
trader means a person who carries on trading;
trader’s permit means a permit issued to a trader; and
trading includes—
(a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods
or services in a public place;
(b) displaying goods in any public place for the purpose of—
(i) offering them for sale or hire;
(ii) inviting offers for their sale or hire;
(iii) soliciting orders for them; or
(iv) carrying out any other transaction in relation to them;
(c) the going from place to place, whether or not public places, and—
(i) offering goods or services for sale or hire; or
(ii) inviting offers or soliciting orders for the sale or the hire of goods or services;
(d) the setting up of a stall or the conducting of a business at a stall under the authority of
a stallholder’s permit;
(e) the selling or the offering for sale of goods and services to, or the soliciting of orders for
goods and services from a person who sells those goods or services;
(f) the selling or the offering for sale or hire by a person of goods of her or his own
manufacture or services which he or she provides; and
(g) the selling or hiring or the offering for sale or hire of—
(i) goods by a person who represents a manufacturer of the goods; or
(ii) services by a person who represents a provider of the services,
which are only sold directly to consumers and not through a shop.
6.2 Stallholder’s permit
(1) A person shall not conduct a stall on a public place unless that person is—
(a) the holder of a valid stallholder’s permit; or
(b) an assistant specified in a valid stallholder’s permit.
(2) Every application for a stallholder’s permit shall—
(a) state the full name and address of the applicant;
(b) specify the proposed number of assistants to be engaged by the applicant in conducting the
stall, as well as their names and addresses if already engaged;
(c) specify the proposed location of the stall;
(d) specify the period of time for which the permit is sought, together with the proposed days and
hours of operation;
(e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the
stall; and
(f) be accompanied by an accurate plan and description of the proposed stall.
6.3 Trader’s permit
(1) A person shall not carry on trading unless that person is—
(a) the holder of a valid trader’s permit; or
(b) an assistant specified in a valid trader’s permit.
(2) Every application for a trader’s permit shall—
(a) state the full name and address of the applicant;
(b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading,
as well as their names and addresses if already engaged;
(c) specify the location or locations in which the applicant proposes to trade;
(d) specify the period of time for which the permit is sought, together with the proposed days and
hours of trading;
(e) specify the proposed goods or services which will be traded; and
(f) be accompanied by an accurate plan and description of any proposed structure or vehicle
which may be used by the applicant in trading.
6.4 No permit required to sell newspaper
Notwithstanding any other provision of this local law, a person who sells, or offers for sale, a
newspaper only is not required to obtain a permit.
6.5 Relevant considerations in determining application for permit
(1) In determining an application for a permit for the purposes of this Division, the local government
is to have regard to—
(a) any relevant policies of the local government;
(b) the desirability of the proposed activity;
(c) the location of the proposed activity;
(d) the principles set out in the Competition Principles Agreement; and
(e) such other matters as the local government may consider to be relevant in the circumstances
of the case.
(2) The local government may refuse to approve an application for a permit under this Division on any
one or more of the following grounds—
(a) that the applicant is not a desirable or suitable person to hold a permit;
(b) that—
(i) the applicant is an undischarged bankrupt or is in liquidation;
(ii) the applicant has entered into any composition or arrangement with creditors; or
(iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager has been
appointed in relation to any part of the applicant’s undertakings or property; or
(c) such other grounds as the local government may consider to be relevant in the circumstances
of the case.
6.6 Conditions of permit
(1) If the local government approves an application for a permit under this Division subject to
conditions, those conditions may include—
(a) the place, the part of the district, or the thoroughfare to which the permit applies;
(b) the days and hours during which a permit holder may conduct a stall or trade;
(c) the number, type, form and construction, as the case may be, of any stand, table, structure or
vehicle which may be used in conducting a stall or in trading;
(d) the goods or services in respect of which a permit holder may conduct a stall or trade;
(e) the number of persons and the names of persons permitted to conduct a stall or trade;
(f) the requirement for personal attendance at the stall or the place of trading by the permit
holder and the nomination of assistants, nominees or substitutes for the permit holder;
(g) whether and under what terms the permit is transferable;
(h) any prohibitions or restrictions concerning the—
(i) causing or making of any noise or disturbance which is likely to be a nuisance to
persons in the vicinity of the permit holder;
(ii) the use of amplifiers, sound equipment and sound instruments;
(iii) the use of signs; and
(iv) the use of any lighting apparatus or device;
(i) the manner in which the permit holder’s name and other details of a valid permit are to be
displayed;
(j) the care, maintenance and cleansing of the stall or any structure used for trading and the
place of the stall or any structure;
(k) the vacating of the place of a stall or trading when the stall is not being conducted or trading
is not being carried on;
(l) the acquisition by the stallholder or trader of public risk insurance;
(m) the period for which the permit is valid; and
(n) the designation of any place or places where trading is wholly or from time to time prohibited
by the local government.
(2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply
with this local law, the local government may at the request of that permit holder authorise another
person to be a nominee of the permit holder for a specified period, and this local law and the
conditions of the permit shall apply to the nominee as if he or she was the permit holder.
6.7 Exemptions from requirement to pay fee or to obtain a permit
charitable organisation means an institution, association, club, society or body whether
incorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,
educational, recreational, sporting or other like nature and from which any member does not
receive any pecuniary profit except where the member is an employee or the profit is an
honorarium; and
commercial participant means any person who is involved in operating a stall or in conducting
any trading activity for personal gain or profit.
(2) The local government may waive any fee required to be paid by an applicant for a stallholder’s
permit or a trader’s permit on making an application for or on the issue of a permit, or may return
any such fee which has been paid, if the stall is conducted or the trading is carried on—
(a) on a portion of a public place adjoining the normal place of business of the applicant; or
(b) by a charitable organisation that does not sublet space to, or involve commercial participants
in the conduct of a stall or trading, and any assistants that may be specified in the permit are
members of that charitable organisation.
(3) The local government may exempt a person or a class of persons, whether or not in relation to a
specified public place, from the requirements of this Division.
Subdivision 3—Conduct of stallholders and traders
6.8 Conduct of stallholders and traders
(1) A stallholder while conducting a stall or a trader while trading shall—
(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary
structure or if there is no stall, vehicle or temporary structure, carry the permit with her or
him while conducting a stall or trading;
(b) not display a permit unless it is a valid permit; and
(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in
accordance with the provisions of the
National Measurement Act 1960 (Cth).
(2) A stallholder or trader shall not—
(a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to
obstruct the movement of pedestrians or vehicles;
(b) act in an offensive manner; or
(c) use or cause to be used any apparatus or device including any flap or shelf, whereby the
dimensions of a stall, vehicle or structure are increased beyond those specified in the permit.
Division 2—Street entertainers
6.9 Interpretation
In this Division, unless the context otherwise requires—
perform includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic
display or entertain, draw, paint or perform an art, but does not include public speaking;
permit means a permit issued for the purpose of clause 6.10;
permitted area means the area or areas, specified in a permit, in which the permit holder may
perform; and
permitted time means the time or times, specified in a permit, during which the permit holder
may perform.
6.10 Permit required to perform
A person shall not perform in a public place without a permit.
6.11 Variation of permitted area and permitted time
(1) The local government may by notice in writing to a permit holder vary—
(a) the permitted area;
(b) the permitted time; or
(c) both the permitted area and the permitted time, shown on a permit.
(2) The local government may direct a permit holder to move from one permitted area to another
permitted area, if more than one area is specified in a permit.
6.12 Duration of permit
A permit is valid for a period determined by the local government unless it is sooner cancelled under
this local law.
6.13 Cancellation of permit
The CEO may cancel a permit if in her or his opinion the volume of sound caused by the permit holder
in connection with the performance adversely affects the enjoyment, convenience or comfort of other
persons in a public place, or if, in her or his opinion, or in the opinion of an authorised person, the
performance otherwise constitutes a nuisance.
6.14 Obligations of permit holder
A permit holder shall not in a public place—
(a) perform wearing dirty, torn or ragged clothing;
(b) act in an offensive manner; or
(c) place, install, erect, play or use any musical instrument or any device which emits music,
including a loud speaker or an amplifier—
(i) other than in the permitted area; and
(ii) unless the musical instrument or device is specified in the permit.
Division 3—Outdoor eating facilities on public places
6.15 Interpretation
In this Division—
Facility means an outdoor eating facility or establishment on any part of a public place, but does
not include such a facility or establishment on private land;
permit holder means the person to whom a permit has been issued for the purpose of clause 6.16;
and
public place has the meaning given to it in clause 6.1.
6.16 Permit required to conduct Facility
A person shall not establish or conduct a Facility without a permit.
6.17 Matters to be considered in determining application
In determining an application for a permit for the purpose of clause 6.16, the local government may
consider in addition to any other matter it considers relevant, whether or not—
(a) the Facility is conducted in conjunction with and as an extension of food premises which abut
on the Facility, and whether the applicant is the person conducting such food premises;
(b) any abutting food premises are registered in accordance with the
Food Act 2008 and whether
the use of the premises is permitted under the local planning scheme;
(c) the Facility will comply with any other local law made by the local government;
(d) users of the Facility will have access to proper and sufficient sanitary and ablutionary
conveniences;
(e) the Facility would—
(i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any
person; or
(ii) impede pedestrian access; and
(f) the tables, chairs and other equipment to be used may obstruct or impede the use of the
public place for the purpose for which it was designed.
6.18 Obligations of permit holder
(1) The permit holder for a Facility shall—
(a) ensure that the Facility is conducted at all times in accordance with the provisions of this
local law and any local law made by the local government;
(b) ensure that the eating area is kept in a clean and tidy condition at all times;
(c) maintain the chairs, tables and other structures in the eating area in a good, clean and
serviceable condition at all times; and
(d) be solely responsible for all and any costs associated with the removal, alteration, repair,
reinstatement or reconstruction of any part of the public place arising from the conduct of the
Facility.
(2) Whenever, in the opinion of the local government, any work is required to be carried out to a
Facility, the local government may give a notice to the permit holder for the Facility to carry out that
work within the time limited by the notice.
(3) In subclause (2), “work” includes the removal, alteration, repair, reinstatement or reconstruction
of any part of a public place arising from or in connection with the setting up or conduct of a Facility.
6.19 Removal of Facility unlawfully conducted
Where a Facility is conducted without a permit, or in contravention of a condition of a permit, any
tables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded
in accordance with the Act.
6.20 Use of Facility by public
(1) A person shall not occupy a chair or otherwise use the equipment in a Facility the subject of a
permit unless the person uses them for the purpose of consuming food or drinks provided by the
Facility.
(2) A person shall leave a Facility when requested to do so by the permit holder.
6.21 Temporary removal of Facility may be requested
(1) The permit holder for a Facility is to temporarily remove the Facility when requested to do so on
reasonable grounds by an authorised person or a member of the Police Service or an emergency
service.
(2) The permit holder may replace the Facility removed under subclause (1) as soon as the person who
directed her or him to remove it allows it to be replaced.
PART 7—PERMITS
Division 1—Applying for a permit
7.1 Application for permit
(1) Where a person is required to obtain a permit under this local law, that person shall apply for the
permit in accordance with subclause (2).
(2) An application for a permit under this local law shall—
(a) be in the form determined by the local government;
(b) be signed by the applicant;
(c) provide the information required by the form; and
(d) be forwarded to the CEO together with any fee imposed and determined by the local
government under and in accordance with sections 6.16 to 6.19 of the Act.
(3) The local government may require an applicant to provide additional information reasonably
related to an application before determining an application for a permit.
(4) The local government may require an applicant to give local public notice of the application for a
(5) The local government may refuse to consider an application for a permit which is not in accordance
with subclause (2).
7.2 Decision on application for permit
(1) The local government may—
(a) approve an application for a permit unconditionally or subject to any conditions; or
(b) refuse to approve an application for a permit.
(2) If the local government approves an application for a permit, it is to issue to the applicant a permit
in the form determined by the local government.
(3) If the local government refuses to approve an application for a permit, it is to give written notice of
that refusal to the applicant.
(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which
are to be taken to be imposed on a permit, the clause does not limit the power of the local government
to impose other conditions on the permit under subclause (1)(a).
(5) Where a clause of this local law refers to the grounds on which an application for a permit may be
or is to be refused, the clause does not limit the power of the local government to refuse the
application for a permit on other grounds under subclause (1)(b).
Division 2—Conditions
7.3 Conditions which may be imposed on a permit
The local government may approve an application for a permit subject to conditions relating to—
(a) the payment of a fee;
(b) the duration and commencement of the permit;
(c) the commencement of the permit being contingent on the happening of an event;
(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to
the application;
(e) the approval of another application for a permit which may be required by the local
government under any written law;
(f) the area of the district to which the permit applies;
(g) where a permit is issued for an activity which will or may cause damage to a public place, the
payment of a deposit or bond against such damage;
(h) the obtaining of public risk insurance in an amount and on terms reasonably required by the
local government; and
(i) the provision of an indemnity from the permit holder indemnifying the local government in
respect of any injury to any person or any damage to any property which may occur in
connection with the use of the public place by the permit holder.
7.4 Imposing conditions under a policy
policy means a policy of the local government adopted by the Council containing conditions
subject to which an application for a permit may be approved under clause 7.2(1)(a).
(2) Under clause 7.2(1)(a) the local government may approve an application subject to conditions by
reference to a policy.
(3) The local government is to give a copy of the policy, or the part of the policy which is relevant to
the application for a permit, with the form of permit referred to in clause 7.2(2).
(4) An application for a permit is to be taken not to have been approved subject to the conditions
contained in a policy until the local government gives the permit holder a copy of the policy or the
part of the policy which is relevant to the application.
(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken
to be information within section 5.94(u)(i) of the Act.
7.5 Compliance with and variation of conditions
(1) Where an application for a permit has been approved subject to conditions, or where a permit is to
be taken to be subject to conditions under this local law, the permit holder shall comply with each of
those conditions.
(2) The local government may vary the conditions of a permit, and the permit holder shall comply
with those conditions as varied.
Division 3—General
7.6 Duration of permit
A permit is valid for one year from the date on which it is issued, unless it is—
(a) otherwise stated in this local law or in the permit; or
(b) cancelled under clause 7.10.
7.7 Renewal of permit
(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the
renewal of the permit.
(2) The provisions of—
(a) this Part; and
(b) any other provision of this local law relevant to the permit which is to be renewed, shall apply
to an application for the renewal of a permit with all necessary changes as required.
7.8 Transfer of permit
(1) An application for the transfer of a valid permit is to—
(a) be made in writing;
(b) be signed by the permit holder and the proposed transferee of the permit;
(c) provide such information as the local government may require to enable the application to be
determined; and
(d) be forwarded to the CEO together with any fee imposed and determined by the local
government under and in accordance with sections 6.16 to 6.19 of the Act.
(2) The local government may approve an application for the transfer of a permit, refuse to approve it
or approve it subject to any conditions.
(3) Where the local government approves an application for the transfer of a permit, the transfer may
be effected by—
(a) an endorsement on the permit signed by the CEO; or
(b) issuing to the transferee a permit in the form determined by the local government.
(4) Where the local government approves an application for the transfer of a permit, it is not required
to refund any part of any fee paid by the former permit holder.
7.9 Production of permit
A permit holder is to produce to an authorised person her or his permit immediately upon being
required to do so by that authorised person.
7.10 Cancellation of permit
(1) Subject to clause 8.1, a permit may be cancelled by the local government if the permit holder has
not complied with a—
(a) condition of the permit; or
(b) provision of any written law which may relate to the activity regulated by the permit.
(2) On the cancellation of a permit the permit holder—
(a) shall return the permit as soon as practicable to the local government; and
(b) is to be taken to have forfeited any fees paid in respect of the permit.
PART 8—OBJECTIONS AND APPEALS
8.1 Application of Part 9 Division 1 of Act
When the local government makes a decision—
(a) under clause 7.2(1); or
(b) under clause 7.8; or
(c) as to whether it will renew, vary, or cancel a permit,
the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that
decision.
PART 9—MISCELLANEOUS NOTICES
9.1 Notice to redirect or repair sprinkler
Where a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a
manner which causes or may cause an inconvenience or obstruction to any person using a
thoroughfare, the local government may give a notice to the owner or the occupier of the land abutting
on the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of
the sprinkler or other watering equipment.
9.2 Hazardous plants
(1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the
local government may give a notice to the owner or the occupier of the land abutting on the garden to
remove, cut, move or otherwise deal with that plant so as to remove the hazard.
(2) Subclause (1) does not apply where the plant was planted by the local government.
9.3 Notice to repair damage to thoroughfare
Where any portion of a thoroughfare has been damaged, the local government may by notice to the
person who caused the damage order the person to repair or replace that portion of the thoroughfare
to the satisfaction of the local government.
9.4 Notice to remove thing unlawfully placed on thoroughfare
Where anything is placed on a thoroughfare in contravention of this local law, the local government
may by notice in writing to the owner or the occupier of the property which abuts on that portion of
the thoroughfare where the thing has been placed, or such other person who may be responsible for
the thing being so placed, require the relevant person to remove the thing.
PART 10—ENFORCEMENT
Division 1—Notices given under this local law
10.1 Offence to fail to comply with notice
Whenever the local government gives a notice under this local law requiring a person to do anything,
if the person fails to comply with the notice, the person commits an offence.
10.2 Local government may undertake requirements of notice
Where a person fails to comply with a notice referred to in clause 10.1, the local government may do
the thing specified in the notice and recover from that person, as a debt, the costs incurred in so
doing.
10.3 Power of entry into private property
This local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the
Local Government
Act 1995 and any power of entry exercised by the local government under this local law is subject to
Part 3, Division 3, Subdivision 3 of the Act.
Division 2—Offences and penalties
Subdivision 1—General
10.4 Offences
(1) Any person who fails to do anything required or directed to be done under this local law, or who
does anything which under this local law that person is prohibited from doing, commits an offence.
(2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not
exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding
$500 for each day or part of a day during which the offence has continued.
Subdivision 2—Infringement notices and modified penalties
10.5 Prescribed offences
(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of
section 9.16(1) of the Act.
(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause
in Schedule 1.
(3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the
commission of a prescribed offence, an authorised person should be satisfied that—
(a) commission of the prescribed offence is a relatively minor matter; and
(b) only straightforward issues of law and fact are involved in determining whether the
prescribed offence was committed, and the facts in issue are readily ascertainable.
10.6 Forms
Unless otherwise specified, for the purposes of this local law—
(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to
in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;
(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in
Schedule 1 of the Regulations; and
(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of
the Regulations.
————
Schedule 1
PRESCRIBED OFFENCES
(Clause 10.5)
Item
$
1 2.1(a) Plant of 0.75m in height on thoroughfare within 10m of
intersection
2 2.1(b) Damaging lawn or garden 125
3 2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 125
4 2.1(d) Placing hazardous substance on footpath 250
5 2.1(e) Damaging or interfering with signpost or structure on
thoroughfare
6 2.1(f) Playing games so as to impede vehicles or persons on
thoroughfare
7 2.1(g) Riding of skateboard or similar device on mall or verandah of
shopping centre
8 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 125
9 2.2(1)(b) Throwing or placing anything on a verge without a permit 125
10 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without
a permit
11 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a
12 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a
13 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350
14 2.2(1)(h) Felling tree onto thoroughfare without a permit 300
15 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 300
Item
$
16 2.2(1)(j) Installing a hoist or other thing on a structure or land for use
over a thoroughfare without a permit
17 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 250
18 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a
19 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 125
20 2.3(1) Consumption or possession of liquor on thoroughfare 125
21 2.4(1) Failure to obtain permit for temporary crossing 250
22 2.5(2) Failure to comply with notice to remove crossing and reinstate
kerb
23 2.9(1) Installation of verge treatment other than permissible verge
treatment
24 2.10 Failure to maintain permissible verge treatment or placement of
obstruction on verge
25 2.11 Failure to comply with notice to rectify default 125
26 2.17(2) Failure to comply with sign on public place 125
27 2.19(1) Driving or taking a vehicle on a closed thoroughfare 350
28 3.2(1) Placing advertising sign or affixing any advertisement on a
thoroughfare without a permit
29 3.2(3) Erecting or placing of advertising sign in a prohibited area 125
30 4.1(1) Animal or vehicle obstructing a public place or local government
property
31 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125
32 4.2(2)(b) Animal on public place with infectious disease 125
33 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 125
34 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 125
35 4.5 Person leaving shopping trolley in public place other than trolley
bay
36 4.6(2) Failure to remove shopping trolley upon being advised of location 125
37 5.6(1) Driving a vehicle on other than the carriageway of a flora road 250
38 5.9 Planting in thoroughfare without a permit 250
39 5.11 Failure to obtain permit to clear a thoroughfare 500
40 5.13 Burning of thoroughfare without a permit 500
41 5.17 Construction of firebreak on thoroughfare without a permit 500
42 5.19 Commercial harvesting of native flora on thoroughfare 500
43 5.20(1) Collecting seed from native flora on thoroughfare without a
44 6.2(1) Conducting of stall in public place without a permit 350
45 6.3(1) Trading without a permit 350
46 6.8(1)(a) Failure of stallholder or trader to display or carry permit 125
47 6.8(1)(b) Stallholder or trader not displaying valid permit 125
48 6.8(1)(c) Stallholder or trader not carrying certified scales when selling
goods by weight
49 6.8(2) Stallholder or trader engaged in prohibited conduct 125
50 6.10 Performing in a public place without a permit 125
51 6.11(2) Failure of performer to move onto another area when directed 125
52 6.14 Failure of performer to comply with obligations 125
53 6.16 Establishment or conduct of outdoor eating facility without a
54 6.18 Failure of permit holder of outdoor eating facility to comply with
obligations
55 6.20(1) Use of equipment of outdoor eating facility without purchase of
food or drink from facility
Item
$
56 6.20(2) Failure to leave outdoor eating facility when requested to do so
by permit holder
57 7.5 Failure to comply with a condition of a permit 125
58 7.9 Failure to produce permit on request of authorised person 125
59 10.1 Failure to comply with notice given under local law 500
————
Dated: 26 February, 2020.
The Common Seal of the Shire of Augusta Margaret River was affixed under the authority of a
resolution of the Council in the presence of—
Cr IAN EARL, Shire President.
STEPHANIE ADDISON-BROWN, Chief Executive Officer.
!2020039GG!
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