Activities in Thoroughfares and Public Places and Trading Local Law 2016

22 March 2017 GOVERNMENT GAZETTE, WA 1677 ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND TRADING LOCAL LAW 2016 1.3 Definitions

PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES 2.1 General prohibitions 2.2 Activities allowed with a permit—general 2.3 No possession and consumption of liquor on thoroughfare Division 2—Vehicle crossing Subdivision 1—Temporary crossings 2.4 Permit required Subdivision 2—Redundant vehicle crossings 2.5 Removal of redundant crossing Division 3—Verge treatments 2.6 Interpretation 2.7 Application

Subdivision 2—Permissible verge treatments 2.8 Permissible verge treatments 2.9 Only permissible verge treatments to be installed 2.10 Obligations of owner or occupier 2.11 Notice to owner or occupier Subdivision 3—Existing verge treatments 2.12 Transitional provision Subdivision 4—Public works 2.13 Power to carry out public works on verge Division 4—Property numbers 2.14 Interpretation Subdivision 2—Assignment and marking of numbers 2.15 Assignment of numbers

1678 GOVERNMENT GAZETTE, WA 22 March 2017 Division 5—Fencing 2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act Division 6—Signs erected by the local government 2.17 Signs 2.18 Transitional Division 7—Driving on a closed thoroughfare 2.19 No driving on closed thoroughfare PART 3—ADVERTISING SIGNS ON THOROUGHFARES 3.1 Interpretation Division 2—Permit 3.2 Advertising signs and portable direction signs 3.3 Matters to be considered in determining application for permit

Division 3—Conditions on permit 3.4 Conditions on portable sign 3.5 Conditions on election sign

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 4.2 Prohibitions relating to animals

Division 2—Shopping trolleys 4.3 Interpretation 4.4 Shopping trolley to be marked 4.5 Person not to leave trolley in public place 4.6 Retailer to remove abandoned trolley 4.7 Retailer taken to own trolley

PART 5—ROADSIDE CONSERVATION 5.2 Application Division 2—Flora roads 5.3 Declaration of flora road 5.4 Construction works on flora roads 5.5 Signposting of flora roads 5.6 Driving only on carriageway of flora roads Division 3—Special environmental areas 5.7 Designation of special environmental areas 5.8 Marking of special environmental areas

Division 4—Planting in thoroughfares 5.9 Permit to plant 5.10 Relevant considerations in determining application

Division 5—Clearance of vegetation 5.11 Permit to clear 5.12 Application for permit

Division 6—Fire management 5.13 Permit to burn thoroughfare 5.14 Application for permit 5.15 When application for permit can be approved 5.16 Prohibitions on burning

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Division 7—Firebreaks 5.17 Permit for firebreaks on thoroughfares 5.18 When application for permit cannot be approved

Division 8—Commercial wildflower harvesting on thoroughfares 5.19 General prohibition on commercial wildflower harvesting 5.20 Permit for revegetation projects

PART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES Division 1—Stallholders and traders 6.1 Interpretation 6.2 Stallholder’s permit 6.3 Trader’s permit 6.4 No permit required to sell newspaper 6.5 Relevant considerations in determining application for permit 6.6 Conditions of permit 6.7 Exemptions from requirement to pay fee or to obtain a permit

Subdivision 3—Conduct of stallholders and traders 6.8 Conduct of stallholders and traders Division 2—Street entertainers 6.9 Interpretation 6.10 Permit required to perform 6.11 Variation of permitted area and permitted time 6.12 Duration of permit 6.13 Cancellation of permit 6.14 Obligations of permit holder Division 3—Outdoor eating facilities on public places 6.15 Interpretation 6.16 Permit required to conduct facility 6.17 Matters to be considered in determining application 6.18 Obligations of permit holder 6.19 Removal of facility unlawfully conducted 6.20 Use of facility by public 6.21 Temporary removal of facility may be requested

PART 7—PERMITS Division 1—Applying for a permit 7.1 Application for permit 7.2 Decision on application for permit Division 2—Conditions 7.3 Conditions which may be imposed on a permit 7.4 Imposing conditions under a policy 7.5 Compliance with and variation of conditions Division 3—General 7.6 Duration of permit 7.7 Renewal of permit 7.8 Transfer of permit 7.9 Production of permit 7.10 Cancellation of permit

PART 8—OBJECTIONS AND APPEALS 8.1 Application of Part 9 Division 1 of Act

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PART 9—MISCELLANEOUS NOTICES 9.1 Notice to redirect or repair sprinkler 9.2 Hazardous plants 9.3 Notice to repair damage to thoroughfare 9.4 Notice to remove thing unlawfully placed on thoroughfare

PART 10—ENFORCEMENT Division 1—Notices given under this local law 10.1 Offence to fail to comply with notice 10.2 Local government may undertake requirements of notice Division 2—Offences and penalties Subdivision 1—General 10.3 Offences Subdivision 2—Infringement notices and modified penalties 10.4 Prescribed offences 10.5 Forms

Schedule 1—Prescribed Offences

22 March 2017 GOVERNMENT GAZETTE, WA 1681 ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND TRADING LOCAL LAW 2016 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Moora resolved on 7 December 2016 to make the following local law. This local law may be cited as the Shire of Moora Activities in Thoroughfares and Public Places and Trading Local Law 2016. 1.3 Definitions In this local law unless the context otherwise requires— 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 Road Traffic Code 2000; 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 Road Traffic Code 2000; 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) a private thoroughfare serving private land; footpath has the meaning given to it in the Road Traffic Code 2000; 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 Road Traffic Code 2000; 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 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;

1682 GOVERNMENT GAZETTE, WA 22 March 2017 local planning scheme means a local planning scheme of the local government made under the Planning and Development Act 2005; lot has the meaning given to it in the Planning and Development Act 2005; 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; (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; (d) a pram, a stroller or a similar device; and (e) a shopping trolley verge means that part of a thoroughfare between the carriageway and the land which abuts the thoroughfare, but does not include any footpath. (1) The following local laws are repealed— The Shire of Moora By-laws Relating to Stalls and Hawkers published in the Government Gazette on 19 March 1982 are repealed. (2) Where a policy was made or adopted by the local government under or in relation to a local law repealed by this local law, then the policy is to be taken to no longer have any effect on and from the commencement day. (3) The Council may resolve that notwithstanding subclause (2) specified policies continue, or are to be taken to have continued, to have effect on and from the commencement day. PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES 2.1 General prohibitions A person shall not— (a) plant any plant (except grasses or a similar plants) within 6m 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 2m of a carriageway;

22 March 2017 GOVERNMENT GAZETTE, WA 1683 (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; (e) unless at the direction of the local government, damage, remove or interfere with any signpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a thoroughfare by the local government or a person acting under the authority of a written law; (f) play or participate in any game or sport so as to cause danger to any person or thing or impede the movement of vehicles or persons on a thoroughfare; or (g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, skateboard, rollerblades or similar device. 2.2 Activities allowed with a permit—general (1) A person shall not, without a permit— (a) dig or otherwise create a trench through or under a kerb or footpath; (b) subject to Division 3 of this Part, throw, place or deposit anything on a verge except for removal by the local government under a bulk rubbish collection, and then only in accordance with the terms and conditions and during the period of time advertised in connection with that collection by the local government; (c) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare; (d) cause any obstruction to a water channel or a water course in a thoroughfare; (e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare; (f) damage a thoroughfare; (g) light any fire or burn anything on a thoroughfare other than in a stove or fireplace provided for that purpose or under a permit issued under clause 5.13; (h) fell any tree onto a thoroughfare; (i) unless installing, or in order to maintain, a permissible verge treatment— (i) lay pipes under or provide taps on any verge; or (ii) place or install anything on any part of a thoroughfare, and without limiting the generality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust; (j) provide, erect, install or use in or on any building, structure or land abutting on a thoroughfare any hoist or other thing for use over the thoroughfare; (k) on a public place use anything or do anything so as to create a nuisance; (l) place or cause to be placed on a thoroughfare a bulk rubbish container; or (m) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare. (2) The local government may exempt a person from compliance with subclause (1) on the application of that person. 2.3 No possession and consumption of liquor on thoroughfare (1) A person shall not consume any liquor or have in her or his possession or under her or his control any liquor on a thoroughfare unless— (a) that is permitted under the Liquor Control Act 1988 or under another written law; or (b) the person is doing so in accordance with a permit. (2) Subclause (1) does not apply where the liquor is in a sealed container. Division 2—Vehicle crossing

Subdivision 1—Temporary crossings 2.4 Permit required (1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the lot, the person responsible for the works shall obtain a permit for the construction of a temporary crossing to protect the existing carriageway, kerb, drains and footpath, where— (a) a crossing does not exist; or (b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely to cause damage to the crossing. (2) The person responsible for the works in subclause (1) is to be taken to be— (a) The person named on the building permit issued under the Building Act 2011, if one has been issued in relation to the works; or (b) the registered proprietor of the lot, if no building permit has been issued under the Building Act 2011 in relation to the works. (3) If the local government approves an application for a permit for the purpose of subclause (1), the permit is taken to be issued on the condition that until such time as the temporary crossing is removed, the permit holder shall keep the temporary crossing in good repair and in such a condition so as not to create any danger or obstruction to persons using the thoroughfare.

1684 GOVERNMENT GAZETTE, WA 22 March 2017 Subdivision 2—Redundant vehicle crossings 2.5 Removal of redundant crossing (1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be removed and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the removal are to be reinstated to the satisfaction of the local government. (2) The local government may give written notice to the owner or occupier of a lot requiring her or him to— (a) remove any part of or all of a crossing which does not give access to the lot; and (b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may be affected by the removal, within the period of time stated in the notice, and the owner or occupier of the lot shall comply with that notice. Division 3—Verge treatments 2.6 Interpretation acceptable material means any of the following materials; (a) brick, concrete, stone other hard preformed paving materials; (b) bitumen; (c) cement-based materials, including concrete and poured limestone, and (d) synthetic turf. 2.7 Application This Division only applies to a townsite. Subdivision 2—Permissible verge treatments 2.8 Permissible verge treatments (1) An owner or occupier of land which abuts on a verge may on that part of the verge directly in front of her or his land install a permissible verge treatment. (2) The permissible verge treatments are— (a) the planting and maintenance of a lawn; (b) the planting and maintenance of a garden provided that— (i) clear sight visibility is maintained at all times for a person using the abutting thoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a driveway on land adjacent to the thoroughfare for access to or from the thoroughfare; and (ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of 2m along that part of the verge immediately adjacent to the kerb; (c) the installation of an acceptable material; or (d) the installation over no more than one third of the area of the verge (excluding any vehicle crossing) of an acceptable material in accordance with paragraph (c), and the planting and maintenance of either a lawn or a garden on the balance of the verge in accordance with paragraph (a) or (b). 2.9 Only permissible verge treatments to be installed (1) A person shall not install or maintain a verge treatment which is not a permissible verge treatment. (2) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each to be taken to have installed and maintained that verge treatment for the purposes of this clause and clause 2.10. 2.10 Obligations of owner or occupier An owner or occupier who installs or maintains a permissible verge treatment shall— (a) keep the permissible verge treatment in a good and tidy condition and ensure, where the verge treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining the verge is not obstructed by the verge treatment; (b) not place any obstruction on or around the verge treatment; and (c) not disturb a footpath on the verge. 2.11 Notice to owner or occupier The local government may give a notice in writing to the owner or the occupier of a lot abutting on a verge to make good, within the time specified in the notice, any breach of a provision of this Division.

22 March 2017 GOVERNMENT GAZETTE, WA 1685 Subdivision 3—Existing verge treatments 2.12 Transitional provision former provisions mean the local law of the local government which permitted certain types of verge treatments, whether with or without the consent of the local government, and which was repealed by this local law. (2) A verge treatment which— (a) was installed prior to the commencement day; and (b) on the commencement day is a type of verge treatment which was permitted under and complied with the former provisions, is to be taken to be a permissible verge treatment for so long as the verge treatment remains of the same type and continues to comply with the former provisions.

Subdivision 4—Public works 2.13 Power to carry out public works on verge Where the local government or an authority empowered to do so under a written law disturbs a verge, the local government or the authority— (a) is not liable to compensate any person for that disturbance; (b) may backfill with sand, if necessary, any garden or lawn; and (c) is not liable to replace or restore any— (i) verge treatment and, in particular, any plant or any acceptable material or other hard surface; or (ii) sprinklers, pipes or other reticulation equipment. Division 4—Property numbers 2.14 Interpretation In this Division, unless the context requires otherwise— number means a number of a lot with or without an alphabetical suffix indicating the address of the lot by reference to a thoroughfare. Subdivision 2—Assignment and marking of numbers 2.15 Assignment of numbers The local government may assign a number to a lot in the district and may assign another number to the lot instead of that previously assigned. Division 5—Fencing 2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act The following places are specified as a public place for the purpose of item 4(1) of Division 1 of

Schedule 3.1 of the Act— (a) a public place, as that term is defined in clause 1.2; and (b) local government property. Division 6—Signs erected by the local government 2.17 Signs (1) A local government may erect a sign on a public place specifying any conditions of use which apply to that place. (2) A person shall comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving notice of the effect of a provision of this local law. 2.18 Transitional Where a sign erected on a public place has been erected under a local law of the local government repealed by this local law, then on and from the commencement day, it is to be taken to be a sign erected under clause 2.17 if— (a) the sign specifies a condition of use relating to the public place which gives notice of the effect of a provision of this local law; and (b) the condition of use specified is not inconsistent with any provision of this local law.

1686 GOVERNMENT GAZETTE, WA 22 March 2017 Division 7—Driving on a closed thoroughfare 2.19 No driving on closed thoroughfare (1) A person shall not drive or take a vehicle on a closed thoroughfare unless— (a) that is in accordance with any limits or exceptions specified in the order made under section 3.50 of the Act; or (b) the person has first obtained a permit. (2) In this clause— closed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the Act.

PART 3—ADVERTISING SIGNS ON THOROUGHFARES 3.1 Interpretation 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) on a footpath; (b) over any footpath where the resulting vertical clearance between the sign and the footpath is less than 2.5m; (c) on or within 3m of a carriageway; (d) 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 (e) 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; and (e) the amount of the public liability insurance cover, if any, to be obtained by the applicant. 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 1m in height; (ii) not exceed an area of 1m2 on any side; (iii) relate only to the business activity described on the permit; (iv) contain letters not less than 200mm in height;

22 March 2017 GOVERNMENT GAZETTE, WA 1687 (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. 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.

1688 GOVERNMENT GAZETTE, WA 22 March 2017 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 4.7 Retailer taken to own trolley In the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer whose name is marked on the trolley. PART 5—ROADSIDE CONSERVATION In this Part— MRWA means Main Roads Western Australia; protected flora has the meaning given to it in section 6(1) of the Wildlife Conservation Act 1950; rare flora has the meaning given to it in section 23F of the Wildlife Conservation Act 1950; Roadside Conservation Committee means the Roadside Conservation Committee appointed by the Minister for Environment; special environmental area means an area designated as such under clause 5.7. 5.2 Application This Part does not apply to a 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’ prepared by the Roadside Conservation Committee. 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 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 protected flora or rare flora; or (b) in the opinion of the local government, has environmental, aesthetic or cultural significance.

22 March 2017 GOVERNMENT GAZETTE, WA 1689 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.

1690 GOVERNMENT GAZETTE, WA 22 March 2017 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 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; 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; and (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, but does not include— (d) the delivery of pre-ordered goods of services to the purchaser of those goods or services or to the person nominated by the purchaser of those goods or services whether or not payment for those goods or services is accepted on delivery; or (e) the taking of further orders for goods or services from the purchaser of those pre- ordered goods or services or from the person nominated by the purchaser of those pre- ordered goods or services when those orders are taken at the same time as a previous order is being delivered, whether or not payment is made for those goods or services at the time of taking the order; (f) the setting up of a stall or the conducting of a business at a stall under the authority of a stallholder’s permit; (g) 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;

22 March 2017 GOVERNMENT GAZETTE, WA 1691 (h) 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 (i) 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 has committed a breach of any provision of this local law or of any written law relevant to the activity in respect of which the permit is sought; (b) that the applicant is not a desirable or suitable person to hold a permit; or (c) that— (i) the applicant is an un-discharged 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.

1692 GOVERNMENT GAZETTE, WA 22 March 2017 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 authorize 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 Measurements Act 1960 (Commonwealth). (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;

22 March 2017 GOVERNMENT GAZETTE, WA 1693 (b) act in an offensive manner; (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; or (d) in the case of a trader, carry on trading from a public place, unless there is adequate parking for customers’ vehicles reasonably close to the place of trading. Division 2—Street entertainers 6.9 Interpretation perform includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic display or entertain, 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 of 3 months after the date on which it is issued 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.

1694 GOVERNMENT GAZETTE, WA 22 March 2017 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 a food business which abut on the facility, and whether the applicant is the person conducting such food business; (b) any abutting food business is registered in accordance with the Food Act 2008 and whether the use of the business is permitted under the local planning scheme; (c) users of the facility will have access to proper and sufficient sanitary and ablutionary conveniences; (d) 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 (e) 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; (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 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).

22 March 2017 GOVERNMENT GAZETTE, WA 1695 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.

1696 GOVERNMENT GAZETTE, WA 22 March 2017 (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 the 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 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) 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.

22 March 2017 GOVERNMENT GAZETTE, WA 1697 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. Division 2—Offences and penalties Subdivision 1—General 10.3 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 10.4 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. 10.5 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 and modified penalties $ 2.1(a) Planting a plant within 6 metres of an intersection 125 2.1(b) Damaging lawn or garden 125 2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 125 2.1(d) Placing hazardous substance on footpath 125 2.1(e) Damaging or interfering with signpost or structure on thoroughfare 350 2.1(f) Playing games so as to impede vehicles or persons on thoroughfare 125 2.1(g) Riding of skateboard or similar device on mall or verandah of shopping centre 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 125 2.2(1)(b) Throwing or placing anything on a verge without a permit 125 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a permit 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a permit

1698 GOVERNMENT GAZETTE, WA 22 March 2017 $ 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a permit 250 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350 2.2(1)(h) Felling tree onto thoroughfare without a permit 125 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 125 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over a thoroughfare without a permit 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 125 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a permit 125 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 125 2.3(1) Consumption or possession of liquor on thoroughfare 125 2.4(1) Failure to obtain permit for temporary crossing 250 2.5(2) Failure to comply with notice to remove crossing and reinstate kerb 350 2.9(1) Installation of verge treatment other than permissible verge treatment 2.10 Failure to maintain permissible verge treatment or placement of obstruction on verge 2.11 Failure to comply with notice to rectify verge treatment 125 2.17(2) Failure to comply with sign on public place 125 2.19(1) Driving or taking a vehicle on a closed thoroughfare 350 3.2(1) Placing advertising sign or affixing any advertisement on a thoroughfare without a permit 3.2(3) Erecting or placing of advertising sign in a prohibited area 125 4.1(1) Animal or vehicle obstructing a public place or local government property 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125 4.2(2)(b) Animal on public place with infectious disease 125 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 125 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 125 4.5 Person leaving shopping trolley in public place other than trolley bay 125 4.6(2) Failure to remove shopping trolley upon being advised of location 125 5.6(1) Driving a vehicle on other than the carriageway of a flora road 250 5.9 Planting in thoroughfare without a permit 250 5.11 Failure to obtain permit to clear a thoroughfare 500 5.13 Burning of thoroughfare without a permit 500 5.17 Construction of firebreak on thoroughfare without a permit 500 5.19 Commercial harvesting of native flora on thoroughfare 500 5.20(1) Collecting seed from native flora on thoroughfare without a permit 350 6.2(1) Conducting of stall in public place without a permit 350 6.3(1) Trading without a permit 350 6.8(1)(a) Failure of stallholder or trader to display or carry permit 125 6.8(1)(b) Stallholder or trader not displaying valid permit 125 6.8(1)(c) Stallholder or trader not carrying certified scales when selling goods by weight 6.8(2) Stallholder or trader engaged in prohibited conduct 125 6.10 Performing in a public place without a permit 125 6.11(2) Failure of performer to move onto another area when directed 125 6.14 Failure of performer to comply with obligations 125 6.16 Establishment or conduct of outdoor eating facility without a permit 350 6.18 Failure of permit holder of outdoor eating facility to comply with obligations

22 March 2017 GOVERNMENT GAZETTE, WA 1699 $ 6.20(1) Use of equipment of outdoor eating facility without purchase of food or drink from facility 6.20(2) Failure to leave outdoor eating facility when requested to do so by permit holder 7.5 Failure to comply with a condition of a permit 125 7.9 Failure to produce permit on request of authorised person 125 10.1 Failure to comply with notice given under local law 125 ————

22 March 2017 GOVERNMENT GAZETTE, WA 1701 DOG ACT 1976 1.4 Definitions 1.5 Application PART 2—IMPOUNDING OF DOGS 2.1 Charges and costs 2.2 Attendance of pound keeper at pound 2.3 Release of impounded dog PART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 3.1 Dogs to be confined 3.2 Limitation on the number of dogs PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Interpretation 4.2 Application for licence for approved kennel establishment 4.3 Notice of proposed use 4.4 Exemption from notice requirements 4.5 When application can be determined 4.6 Determination of application 4.7 Where application cannot be approved 4.8 Conditions of approval 4.9 Fees 4.10 Form of licence 4.11 Period of licence 4.12 Variation or cancellation of licence 4.13 Transfer 4.14 Notification 4.15 Inspection of kennel 5.2 Modified penalties 5.3 Issue of infringement notice 5.4 Failure to pay modified penalty 5.5 Payment of modified penalty 5.6 Withdrawal of infringement notice 5.7 Service Schedule 1—Application for a licence for an approved kennel establishment Schedule 2—Conditions of a licence for an approved kennel establishment Schedule 3—Offences in respect of which modified penalty applies

22 March 2017 GOVERNMENT GAZETTE, WA 1703 DOG ACT 1976 Under the powers conferred by the Local Government Act 1995, the Dog Act 1976 and under all other powers enabling it, the Council of the Shire of Moora resolved on 7 December 2016 to make the following local law. This local law may be cited as the Shire of Moora Dogs Local Law 2016. The Shire of Moora Dogs Local Law published in the Government Gazette on 29 November 1999 is repealed. 1.4 Definitions In this local law unless the context otherwise requires— Act means the Dog Act 1976; authorised person means a person authorised by the local government to perform all or any of the functions conferred on an authorised person under this local law; CEO means the Chief Executive Officer of the local government; dangerous dog is given its meaning in the Act; pound means any facility, or any replacement facility, established as a pound by the local government under section 11(1) of the Act; pound keeper means a person authorised by the local government to perform all or any of the functions conferred on a “pound keeper” under this local law; Regulations means the Dog Regulations 2013; Schedule means a Schedule to this local law; (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 Local Government Act 1995; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and local planning scheme means a local planning scheme made by the local government under the Planning and Development Act 2005. 1.5 Application PART 2—IMPOUNDING OF DOGS 2.1 Charges and costs The following are to be imposed and determined by the local government under sections 6.16—6.19 of the Local Government Act 1995— (a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding of a dog;

1704 GOVERNMENT GAZETTE, WA 22 March 2017 (b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or on a day other than those determined under clause 2.2; and (c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act. 2.2 Attendance of pound keeper at pound The pound keeper is to be in attendance at the pound for the release of dogs at the times and on the days of the week as are determined by the CEO. 2.3 Release of impounded dog (1) A claim for the release of a dog seized and impounded is to be made to the pound keeper or in the absence of the pound keeper, to the CEO. (2) The pound keeper is not to release a dog seized and impounded to any person unless that person has produced, to the satisfaction of the pound keeper, satisfactory evidence— (a) of her or his ownership of the dog or of her or his authority to take delivery of it; or (b) that he or she is the person identified as the owner on a microchip implanted in the dog. PART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 3.1 Dogs to be confined (1) An occupier of premises on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; (c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; (d) maintain the fence and all gates and doors in the fence in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) Where an occupier fails to comply with subclause (1), he or she commits an offence. Penalty: Where the dog kept is a dangerous dog, $2,000; otherwise $1,000. 3.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 4 of the local law as an approved kennel establishment; or (b) granted an exemption under section 26(3) of the Act. (2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act— (a) 2 dogs over the age of 3 months and the young of those dogs under that age if the premises are situated within a townsite; or (b) 4 dogs over the age of 3 months and the young of those dogs under that age if the premises are situated outside a townsite. PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Interpretation In this Part and in Schedule 2— licence means a licence to keep an approved kennel establishment on premises; licensee means the holder of a licence; premises, in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence; and transferee means a person who applies for the transfer of a licence to her or him under clause 4.14. 4.2 Application for licence for approved kennel establishment An application for a licence must be made in the form of that in Schedule 1, and must be lodged with the local government together with— (a) plans and specifications of the kennel establishment, including a site plan; (b) copies of the notices to be given under clause 4.3; (c) written evidence that either the applicant or another person who will have the charge of the dogs, will reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare;

22 March 2017 GOVERNMENT GAZETTE, WA 1705 (d) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; and (e) the fee for the application for a licence referred to in clause 4.10(1). 4.3 Notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining the premises. (2) The notices in subclause (1) must specify that— (a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days of the date the notice is given; and (b) the application and plans and specifications may be inspected at the offices of the local (3) Where— (a) the notices given under subclause (1) do not clearly identify the premises; or (b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises, then the local government may refuse to determine the application for a licence until the notices or notice, as the case may be, is given in accordance with its directions. 4.4 Exemption from notice requirements Where an application for a licence is made in respect of premises on which an approved kennel establishment is either a— (a) permitted use; or (b) use which the local government may approve subject to compliance with specified notice requirements, under a local planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply in respect of the application for a licence. 4.5 When application can be determined An application for a licence is not to be determined by the local government until— (a) the applicant has complied with clause 4.2; (b) the applicant submits proof that the notices referred to in clause 4.3(1) have been given in accordance with that clause; and (c) the local government has considered any written submissions received within the time specified in clause 4.3(2)(a) on the proposed use of the premises. 4.6 Determination of application In determining an application for a licence, the local government is to have regard to; (a) the matters referred to in clause 4.7; (b) any written submissions received within the time specified in clause 4.3(2)(a) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs. 4.7 Where application cannot be approved The local government cannot approve an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme; or (b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare. 4.8 Conditions of approval (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate. (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2.

1706 GOVERNMENT GAZETTE, WA 22 March 2017 4.9 Fees (1) On lodging an application for a licence, the applicant is to pay a fee to the local government. (2) If a licensee wishes to renew a licence, the licensee is to pay a fee to the local government. (3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the (4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government under sections 6.16-6.19 of the Local Government Act 1995. 4.10 Form of licence The licence is to be in the form determined by the local government and is to be issued to the licensee. 4.11 Period of licence (1) The period of effect of a licence is set out in section 27(5) of the Act. (2) A licence is to be renewed if the fee referred to in clause 4.10(2) is paid to the local government prior to the expiry of the licence. (3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect. 4.12 Variation or cancellation of licence (1) The local government may vary the conditions of a licence. (2) The local government may cancel a licence— (a) on the request of the licensee; or, (b) following a breach of the Act, the Regulations or this local law. (3) The date a licence is cancelled is to be, in the case of— (a) paragraph (a) of subclause (2), the date requested by the licensee; or (b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act. (4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence that has not yet expired. 4.13 Transfer (1) An application for the transfer of a valid licence from the licensee to another person must be— (a) made in the form determined by the local government; (b) made by the transferee; (c) made with the written consent of the licensee; and (d) lodged with the local government together with— (i) written evidence that a person will reside at or within reasonably close proximity to the premises the subject of the licence; and (ii) the fee for the application for the transfer of a licence referred to in clause 4.10(3). (2) The local government is not to determine an application for the transfer of a valid licence until the transferee has complied with subclause (1). (3) The local government may approve, whether or not subject to such conditions as it considers appropriate, or refuse to approve an application for the transfer of a valid licence. (4) Where the local government approves an application for the transfer of a valid licence, then on the date of approval, unless otherwise specified in the notice issued under clause 4.15(b), the transferee becomes the licensee of the licence for the purposes of this local law. 4.14 Notification The local government is to give written notice to— (a) an applicant for a licence of the local government’s decision on her or his application; (b) a transferee of the local government’s decision on her or his application for the transfer of a valid licence; (c) a licensee of any variation made under clause 4.13(1); (d) a licensee when her or his licence is due for renewal and the manner in which it may be renewed; (e) a licensee when her or his licence is renewed; (f) a licensee of the cancellation of a licence under clause 4.13(2)(a); and (g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.13(2), which notice is to be given in accordance with section 27(6) of the Act. 4.15 Inspection of kennel With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time.

22 March 2017 GOVERNMENT GAZETTE, WA 1707 In this Part— infringement notice means the notice referred to in clause 5.3; and notice of withdrawal means the notice referred to in clause 5.6(1). 5.2 Modified penalties (1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the third column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if— (a) the dog is not a dangerous dog; or (b) the dog is a dangerous dog, but an amount does not appear in the fourth column directly opposite that offence. (3) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is a dangerous dog. 5.3 Issue of infringement notice Where an authorised person has reason to believe that a person has committed an offence in respect of which a modified penalty may be imposed, he or she may issue to that person a notice in the form determined by the local government from time to time. 5.4 Failure to pay modified penalty Where a person who has received an infringement notice fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty. 5.5 Payment of modified penalty A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case be allowed by the CEO, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgment. 5.6 Withdrawal of infringement notice (1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice by sending a notice in the form determined by the local government from time to time. (2) A person authorised to issue an infringement notice under clause 7.3 cannot sign or send a notice of withdrawal in relation to an infringement issued by him or her. 5.7 Service An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it at or posting it to her or his address as ascertained from her or him, or as recorded by the local government under the Act, or as ascertained from inquiries made by the local government. ———— (clause 4.2) Local Laws Relating to dogs Application for a licence for an approved kennel establishment I/we (full name) ............................................................................................................................................. of (postal address) ......................................................................................................................................... ........................................................................................................................................................................ (telephone number) ................................................................... (facsimile number) .................................................................... (E-mail address) .......................................................................................................... Apply for a licence for an approved kennel establishment at (address of premises) ................................. ........................................................................................................................................................................ For (number and breed of dogs) ...................................................................................................................

• (insert name of person) .............................................................................................................................. will be residing at the premises on and from (insert date) .........................................................................
• (insert name of person) .............................................................................................................................. will be residing (sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare) at ................................................................................................................................... ....................................................................................................................... (insert address of residence) on and from ........................................................................................... (insert date).

1708 GOVERNMENT GAZETTE, WA 22 March 2017 Attached are— (a) a site plan of the premises showing the location of the kennels and yards and all other buildings and structures and fences; (b) plans and specifications of the kennel establishment; (c) copy of notice of proposed use to appear in newspaper; (d) copy of notice of proposed use to be given to adjoining premises; (e) written evidence that a person will reside— (i) at the premises; or (ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; and (f) if the person in item (e) is not the applicant, written evidence that the person is a person in charge of the dogs. I confirm that I have read and agree to comply with the Code of Practice known as .............................. , .................................................................. in the keeping of dogs at the proposed kennel establishment. Signature of applicant ................................................................................................. Date ................................................................................

• delete where inapplicable. Note: a licence if issued will have effect for a period of 12 months—section 27(5) of the Dog Act 1976. OFFICE USE ONLY Application fee paid on [insert date] ……………........……............……… (clause 4.8(1)) Conditions of a licence for an approved kennel establishment An application for a licence for an approved kennel establishment may be approved subject to the following conditions— (a) each kennel, unless it is fully enclosed, must have a yard attached to it; (b) each kennel and each yard must be at a distance of not less than— (i) 25m from the front boundary of the premises and 5m from any other boundary of the premises; (ii) 10m from any dwelling; and (iii) 25m from any church, school room, hall, factory, dairy or premises where food is manufactured, prepared, packed or stored for human consumption; (c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or netting or other materials approved by the local government; (d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel and the length of the dog is to be determined by measuring from the base of the tail to the front of its shoulder; (e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the floor area of the kennel or group of kennels to which it is attached; (f) the upper surface of the kennel floor must be— (i) at least 100mm above the surface of the surrounding ground; (ii) smooth so as to facilitate cleaning; (iii) rigid; (iv) durable; (v) slip resistant; (vi) resistant to corrosion; (vii) non-toxic; (viii) impervious; (ix) free from cracks, crevices and other defects; and (x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn must lead to a suitably sized diameter sewerage pipe which must be properly laid, ventilated and trapped in accordance with the health requirements of the local (g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to approved apparatus for the treatment of sewage in accordance with the health requirements of the local government; (h) the kennel floor must have a durable up-stand rising 75mm above the floor level from the junction of the floor and external and internal walls, or internal walls must be so constructed as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;

22 March 2017 GOVERNMENT GAZETTE, WA 1709 (i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of any kennel; (j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of— (i) 2m; or (ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured from the floor to the uppermost tip of its shoulders while in a stationary upright position; (k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted internally and externally with good quality new zincalume or new pre-finished colour coated steel sheeting or new fibrous cement sheeting or other durable material approved by the local (l) all external surfaces of each kennel must be kept in good condition; (m) the roof of each kennel must be constructed of impervious material; (n) all kennels and yards and drinking vessels must be maintained in a clean condition and must be cleaned and disinfected when so ordered by an authorised person; (o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the treatment of sewage; (p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled; (q) suitable water must be available at the kennel via a properly supported standpipe and tap; and (r) the licensee or the person nominated in the application for a licence, must, in accordance with the application for the licence, continue to reside— (i) at the premises; or (ii) in the opinion of the local government, sufficiently close to the premises so as to control the dogs, and to ensure their health and welfare. (clause 7.2) Offences in respect of which modified penalties apply Offence Nature of offence Modified $ Dangerous dog modified $ 3.1 Failing to provide means for effectively confining a dog 50 200 4.9 Failing to comply with the conditions of a licence 100 200 5.1(2) Dog in place from which prohibited absolutely 200 400 ————

22 March 2017 GOVERNMENT GAZETTE, WA 1711 DIVIDING FENCES ACT 1961 1.5 Interpretation 1.6 Fees and charges PART 2—FENCES Division 1—Sufficient fences 2.1 Sufficient fences Division 2—General 2.2 Fences within front or rear setback areas 2.3 Gates in fences 2.4 Depositing fencing material on public place 2.5 Alteration of ground levels 2.6 Maintenance of fences 2.7 Fences and sight lines 2.8 Fences across rights-of-way, public access ways or thoroughfares 2.9 General discretion of the local government Division 3—Fencing materials 2.10 Pre-used fencing materials 2.11 Barbed wire fences and spiked or jagged materials 2.12 Electrified and razor wire fences 2.13 Prohibited fencing materials Division 4—Tennis court fencing 2.14 Tennis court fencing Division 5—Estate fencing 2.15 Estate fencing PART 3—APPROVALS 3.1 Application for approval 3.2 Decision on application for approval 3.3 Compliance with approval 3.4 Duration of approval PART 4—MISCELLANEOUS 4.1 False or misleading statement

1712 GOVERNMENT GAZETTE, WA 22 March 2017 PART 5—NOTICES OF BREACH 5.1 Notices of breach PART 6—OFFENCES 6.1 Offences and penalties 6.2 Modified penalties 6.3 Form of notices PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review Schedule 1—Prescribed offences Schedule 2—Residential lot Schedule 3—Town centre lot Schedule 3a—Industrial and light industrial lot Schedule 4—General agriculture lot Schedule 4a—Rural residential rural smallholding special mix residential or rural townsite lot Schedule 5—Electrified fence licence Schedule 6—Razor wire fence licence

22 March 2017 GOVERNMENT GAZETTE, WA 1713 DIVIDING FENCES ACT 1961 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Moora resolved on 7 December 2016 to make the following local law. This local law may be cited as the Shire of Moora Fencing Local Law 2016. The Municipality of the Shire of Moora By-laws—Fencing, published in the Government Gazette

12 October 1967 are repealed. 1.5 Interpretation In this local law, unless the context requires otherwise— applicant means a person who makes an application for approval under this local law; AS2870-1996 Residential slabs and footings—Construction means the standard of that title published by Standards Australia, as amended from time to time; AS/NZS3016:2002 Electrical installations—Electric security fences means the standard of that title published by Standards Australia, as amended from time to time; authorised person means a person appointed 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; boundary fence means a fence constructed on the boundary of a lot which abuts a thoroughfare; Building Surveyor means a Building Surveyor of the local government; CEO means the Chief Executive Officer of the local government; Council means the Council of the local government; dangerous in relation to any fence means— (a) an electrified fence other than a fence approved by the local government under this local law; (b) a fence containing barbed wire other than a fence erected and maintained in accordance with this local law; (c) a fence containing exposed broken glass, asbestos fibre, razor wire or any other potentially harmful projection or material; or (d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause; dividing fence has the meaning given in the Dividing Fences Act 1961; electrified fence means a fence carrying or designed to carry an electric charge; estate entry statement means a fence, or wall constructed of masonry or other materials to identify the entrance of an estate and may include but not be limited to a sign indicating the estate name and locality, sculptures, flagpoles and flags;

1714 GOVERNMENT GAZETTE, WA 22 March 2017 estate boundary fence means the fence erected around the external boundary of a subdivision of land to indicate the extent of that subdivision and includes any special works or construction that identifies the entrance to that land; fence means any structure used or functioning as a barrier, irrespective of where it is located and includes any gate; front boundary means the boundary line between a lot and the thoroughfare upon which that lot abuts, or in the case of a lot abutting on more than one thoroughfare the boundary line between the lot and the primary thoroughfare; front fence means a fence erected on the front boundary of a lot or on a line adjacent to the front boundary; front setback area means the area between the building line of a lot and the front boundary of that lot; general agriculture lot means a lot where a rural use— height in relation to a fence means the vertical distance between— (a) the top of the fence at any point; and (b) the ground level or, where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point; industrial lot means a lot where an industrial use is or may be permitted under the local planning scheme and is or will be the predominant use of the lot; licence means an electrified fence licence or a razor wire fence licence; light industrial has the same meaning as industrial lot; local government property means anything— (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” under section 3.53 of the Act; local planning scheme means a current local planning scheme of the local government made under the Planning and Development Act 2005; lot has the meaning given to it in and for the purposes of the Planning and Development Act 2005; notice of breach means a notice referred to in clause 5.1; occupier has the meaning given to it in the Act; owner has the meaning given to it in the Act; rear setback area means the area between the building line of a lot and the rear boundary of that lot; residential lot means a lot where a residential use— retaining wall means any structure which prevents the movement of soil or retains soil or structures in order to allow ground levels of different elevations to exist adjacent to one another; rural residential lot means a lot where a rural residential use— rural smallholding lot means a lot where a rural smallholding use— rural townsite lot means a lot where a rural townsite use— Schedule means a Schedule to this local law; special mix residential means a lot where a special mix residential use— sufficient fence means a fence that satisfies clause 2.1 and includes a fence of the description and quality agreed upon by the owners of adjoining lots; thoroughfare has the meaning given to it in the Act; and

22 March 2017 GOVERNMENT GAZETTE, WA 1715 town centre lot means a lot where a town centre use— (a) is or may be permitted under the local planning scheme; and 1.6 Fees and charges All fees and charges applicable under this local law shall be determined by the local government from time to time under and in accordance with sections 6.16 to 6.19 of the Act. PART 2—FENCES Division 1—Sufficient fences 2.1 Sufficient Fences (1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient fence. (2) Pursuant to section 24 of the Dividing Fences Act 1961 and subject to subclauses (3), (4) and (5) of this local law, a sufficient fence— (a) on a residential lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 2; (b) on a town centre lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 3; (c) on an industrial lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 3A; (d) on a light industrial lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 3A; (e) on a general agriculture lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 4; (f) on a rural smallholding lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 4A; (g) on a special mix residential lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 4A; (h) on a rural townsite lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 4A; and (i) on a rural residential lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 4A. (3) Where a fence is erected on or near the boundary between a residential lot and a town centre lot, industrial lot, general agriculture lot or a rural residential lot a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 2. (4) Unless an authorised person determines otherwise, a sufficient fence on a boundary between lots other than those specified in subclauses (2) and (3) is a dividing fence constructed in accordance with the specifications and requirements of Schedule 2. (5) Notwithstanding any other provisions in this local law, a dividing fence or boundary fence constructed of masonry, stone or concrete shall be a sufficient fence only if it is designed by a suitably qualified structural engineer and constructed in accordance with that design where— (a) it is greater than 1800 millimetres in height; or (b) the Building Surveyor so requires. (6) Notwithstanding any other provision in this local law, a dividing fence or boundary fence shall not exceed 1800 millimetres in height unless the approval of the local government has been obtained to such a fence. Division 2—General 2.2 Fences within front or rear setback areas (1) Notwithstanding the provisions of clause 2.1, a person shall not erect a fence within the front or rear setback areas, including along the side boundaries, unless the fence complies with the provisions of the local planning scheme or the Residential Design Codes. (2) Where there is inconsistency between the Standards and requirements of the local planning scheme and those specified in the Residential Design Codes, the Standards and requirements of the local planning scheme shall prevail to the extent of the inconsistency. 2.3 Gates in fences A person shall not erect a gate in a fence, which does not— (a) open into the lot; or (b) open by sliding parallel and on the inside of the fence, which it forms part of, when closed. 2.4 Depositing fencing material on public place A person shall not deposit or permit the deposit of any materials whatsoever used in the construction or maintenance of any fence, on any thoroughfare, public place or local government property unless the approval of the local government has been obtained.

1716 GOVERNMENT GAZETTE, WA 22 March 2017 2.5 Alteration of ground levels (1) A fence constructed of corrugated fibre-reinforced pressed cement shall not have more than 150 millimetres difference in the ground levels on each side of the fence. (2) Where land has been filled or retained to a height of more than 500 millimetres above natural ground level at or within 1000 millimetres of a boundary of a lot, a person shall only erect a dividing fence that is a sufficient fence on the said filled land or retaining wall if the person produces to the local government the written agreement of the owners of the adjoining lot. (3) A person shall not alter the natural ground level of land on or within 1000 millimetres of the boundary of a lot, whether by removing soil or bringing onto the land any fill of any kind, by more than 500 millimetres without the approval of the local government. 2.6 Maintenance of fences An owner of a lot on which a fence is erected shall maintain the fence in good condition so as to prevent it from becoming dangerous, dilapidated or unsightly to the amenity of the locality. 2.7 Fences and sight lines (1) Where a front fence or a boundary fence is adjacent to a vehicle access point or a thoroughfare, the front fence or boundary fence is to have a sight line truncation or a reduction in height shall be provided at the property line to ensure adequate visibility, as follows— (a) at an intersection of a driveway with a road or right-of-way a minimum sight line truncation of 1.5 metres x 1.5 metres, where achievable, or as a minimum a sight line truncation of 1 metre x 1 metre for low and medium peak vehicle movements, and a sight line truncation of 3 metres x 3 metres where achievable, for high peak vehicle movements; (b) at an intersection of two roads a minimum sight line truncation of 3 metres x 3 metres. A sight line truncation is not required on the entry side of a driveway where it is clearly defined as “ENTRY ONLY” or where a driveway is not less than 6 metres wide, and where appropriate signage and line marking is provided. (2) Subclause (1) does not apply to a fence of open construction that does not obscure the lines of vision of a motorist using a vehicle access point or thoroughfare. (3) A person shall not erect or maintain a fence without the sight line or height reduction required under subclause (1). 2.8 Fences across rights-of-way, public access ways or thoroughfares A person must not, without the approval of the local government, erect or maintain a fence or obstruction of a temporary or permanent nature across any right-of-way, public access way or thoroughfare so as to impede or prevent use of those facilities in the manner for which they are intended and constructed. 2.9 General discretion of the local government (1) Notwithstanding the provisions of clause 2.1, the local government may approve the erection or repair of a dividing fence, which is not a sufficient fence where all of the owners of the lots to be separated by the dividing fence make an application for approval for that purpose. (2) In determining whether to grant its approval under subclause (1), the local government may consider whether the erection or repair of the fence would have an adverse effect on— (a) he safe or convenient use of any land; (b) the safety or convenience of any person; or (c) the visual amenity of the locality. Division 3—Fencing materials 2.10 Pre-used fencing materials (1) Notwithstanding clause 2.1, a person shall not construct a fence on a residential lot, a town centre lot or an industrial lot from pre-used materials without the approval of the local government. (2) Where the local government approves the use of pre-used materials in the construction of a fence under subclause (1) that approval shall be conditional on the applicant painting or treating the pre- used material as stated in or attached to the form of approval issued by the local government under clause 3.2. 2.11 Barbed wire fences and spiked or jagged materials (1) An owner or occupier of a residential lot, a town centre lot or an industrial lot shall not erect, affix to or allow to remain on any fence on such a lot any barbed wire or other material with spiked or jagged projections, unless the approval of the local government has been obtained. (2) Where an approval has been obtained in accordance with subclause (1), the owner or occupier shall not erect, affix or allow to remain on any fence bounding that lot any barbed wire or other materials with spiked or jagged projections unless such wire or materials are carried on posts set at an angle of 45 degrees into the lot, and unless the bottom row of wire or other materials is setback 150 millimetres from the face of the fence, is at least 2000 millimetres above ground level and the total height shall not exceed 2400 millimetres.

22 March 2017 GOVERNMENT GAZETTE, WA 1717 2.12 Electrified and razor wire fences (1) An owner or occupier of a lot, shall not— (a) except on a rural lot, construct or use an electrified fence on that lot without obtaining the approval of the local government; or (b) construct a fence wholly or partly of razor wire on that lot without obtaining the approval of the local government; and (c) construct an electrified fence unless the fence complies with “AS/NZS 3016:2002 Electrical installations—Electric security fences”; and (2) The local government shall not approve an application for the purpose of subclause (1)(a)— (a) in respect of a lot which is or which abuts a residential lot; (b) unless provision is made so as to enable the fence to be rendered inoperable during the hours of business operations, if any, on the lot where it is erected. (3) The local government shall not approve an application for the purpose of subclause (1)(b)— (a) if the fence is within 3 000 millimetres of the boundary of the lot; or (b) where any razor wire used in the construction of the fence is less than 2 000 millimetres or more than 2 400 millimetres above the ground level. (4) An application for approval for the purpose of subclauses (1) shall be made by the owner of the lot on which the fence is or is to be erected, or by the occupier of the lot with the written consent of the owner. (5) Where the local government approves an application made under this clause, it shall provide a licence to the applicant in the form of— (a) Schedule 5, where an application is made under subclause (1)(a); or (b) Schedule 6, where an application is made under subclause (2)(b). 2.13 Prohibited fencing materials A person shall not affix or use broken glass in the construction of any fence. Division 4—Tennis court fencing 2.14 Tennis court fencing (1) A person shall not erect a fence around or partly around a tennis court on a lot unless— (a) the fence is not more than 3600 millimetres in height; (b) the whole of the fence is at least 900 millimetres from the boundary between the lot on which the tennis court is located and the adjoining lot; and (c) the fence is fabricated from 2.5 millimetre poly-vinyl chloride coated or galvanised wire 50 millimetre link mesh, erected in accordance with the manufacturer’s specifications. (2) Subclause (1) does not apply to a fence erected with the approval of the local government. (3) In determining any application for approval for the purpose of subclause (2), where the fence will be less than 900 millimetres from the boundary between the lot on which the tennis court is located and the adjoining lot, the local government shall invite the owner of the adjoining lot to make submissions on the proposal, and the local government shall have regard to any such submissions in making its decision under clause 3.2. Division 5—Estate fencing 2.15 Estate fencing (1) A person shall not construct or erect an estate entry statement or estate boundary fence without the approval of the local government. (2) Where an estate entry statement or estate boundary fence is constructed and contains an estate name, the entry statement or estate boundary fence shall also depict the locality name in at least equal prominence. (3) An owner or occupier of a lot adjacent to an estate boundary fence shall, where that fence is damaged, dilapidated or in need of repair, cause it to be repaired or replaced with the same or similar materials with which it was first constructed, so as far as practicable the repaired or replaced section shall be the same as the original fence. PART 3—APPROVALS 3.1 Application for approval (1) Where a person is required to obtain the approval of the local government under this local law, that person shall apply for approval in accordance with subclause (2). (2) An application for approval under this local law shall— (a) be in the form determined by the local government; (b) be signed by the applicant and the owner of the lot; (c) provide the information required by the form; and government under sections 6.16 to 6.19 of the Act.

1718 GOVERNMENT GAZETTE, WA 22 March 2017 (3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for approval. (4) The local government may refuse to consider an application for approval which is not in accordance with subclauses (2) and (3). 3.2 Decision on application for approval (1) The local government may— (a) approve an application for approval unconditionally or subject to any conditions; or (b) refuse to approve an application for approval. (2) If the local government approves an application for approval, it is to issue to the applicant an approval in the form determined by the local government. (3) If the local government refuses to approve an application for approval, 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 an approval, or which are to be taken to be imposed on an approval, the clause does not limit the power of the local government to impose other conditions on the approval under subclause (1)(a). 3.3 Compliance with approval Where an application for approval has been approved, the applicant and the owner and occupier of the lot to which the approval relates, shall comply with the terms and any conditions of that approval. 3.4 Duration of approval Unless otherwise stated in the form of approval, an approval granted under this local law runs with the lot to which it relates and may be relied upon by any subsequent occupier or owner of the lot and may be enforced against them, by the local government. PART 4—MISCELLANEOUS 4.1 False or misleading statement A person shall not make a false or misleading statement in connection with any application, requirement or request under this local law. PART 5—NOTICES OF BREACH 5.1 Notices of breach (1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, the local government may give a notice of breach in writing to the owner of that lot. (2) A notice of breach shall— (a) specify the provision(s) of this local law which has been breached; (b) specify the particulars of the breach; and (c) state that the owner is required to remedy the breach within the time specified in the notice. (3) An owner given a notice of breach shall comply with the terms of the notice and remedy the breach within the time specified in the notice. (4) Should an owner fail to comply with a notice of breach, the local government may by its employees, agents or contractors enter upon the lot to which the notice relates and remedy the breach, and may recover the expenses of so doing from the owner or occupier of the lot, as the case may be, in a court of competent jurisdiction. (5) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of the Act and any entry on to land will be in accordance with Part 3, Division 3 of the Act. PART 6—OFFENCES 6.1 Offences and penalties (1) A person who fails to comply with a notice of breach commits an offence and is liable upon conviction to a penalty of not less than $250 and not exceeding $5,000 and, if the offence is a continuing offence, to a maximum daily penalty of $500. (2) A person who fails to comply with or who contravenes any provision of this local law commits an offence and is liable on conviction to a penalty of not less than $250 and not exceeding $5,000 and, if the offence is a continuing offence, to a maximum daily penalty of $500. 6.2 Modified penalties (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 appearing in the final column of Schedule 1 directly opposite a prescribed offence in that Schedule is the modified penalty for that prescribed offence. (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.

22 March 2017 GOVERNMENT GAZETTE, WA 1719 6.3 Form of notices For the purposes of this local law— (a) the form of the infringement notice referred to in sections 9.16 and 9.17 of the Act is to be in or substantially in the form of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (b) the form of the withdrawal of infringement notice referred to in section 9.20 of the Act is to be in or substantially in the form of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review When the local government makes a decision under clause 3.2, the provision of Part 9 Division 1 of the Act and Regulation 33 of the Local Government (Functions and General) Regulations 1996 apply to that decision. ———— Prescribed offences [clause 6.2(1)] Offences and modified penalties Item No. No. Nature of offence Modified penalties $ 1 2.1(1) Erect a fence which is not a sufficient fence 250 2 2.2 (1) Erect a fence within the front or rear setback areas which does not comply with the local planning scheme 3 2.3(a) Erect a gate in a fence not opening into the lot 200 4 2.3(b) Erect a gate in a fence not sliding parallel and inside of fence 200 5 2.6(1) Failure to maintain a fence in good condition to prevent fence becoming dangerous, dilapidated or unsightly 6 2.7(3) Erect a fence without the required sight line truncation or height reduction 7 2.8 Erect or maintain a fence or obstruction of temporary or permanent nature across a right-of way, public access way or thoroughfare without written approval 8 2.10(1) Construct a dividing fence on a residential, town centre or industrial lot from pre-used materials without written approval 9 2.11(1) Erect a fence using barbed wire or material with spiked or jagged projections in fence construction without written approval 10 2.11(2) Erect a fence using barbed wire or material with spiked or jagged projections in fence construction other than in accordance with this local law 11 2.12(1) Construct, erect or use razor wire in a fence or electrify a fence without written approval 12 2.13 Affix, or use, any broken glass in a fence 250 13 2.14(1)(a) Erect a tennis court fence higher than 3600 millimetres without written approval 14 2.14(1)(b) Erect tennis court fence less than 900 millimetres from boundary of adjoining lot without written approval 15 2.14(1)(c) Erect a link mesh fence higher than 3600 millimetres or not in accordance with manufacturer’s specification without written approval 16 2.15 (1) Construct or erect an estate entry statement or estate boundary fence without the written approval of the local government 17 2.15(2) Construction of an estate entry statement or estate boundary fence without depicting the locality name in at least equal prominence as the estate name. 18 2.15(3) Repair or replacement by an owner or occupier of a lot adjacent to an estate boundary fence without same or similar materials to which it was first constructed 19 3.3 Failure to comply with terms or conditions of approval 250 20 5.1(3) Failure to comply with notice of breach 250

1720 GOVERNMENT GAZETTE, WA 22 March 2017 Residential lot [clause 2.1(2)(a)] Specifications for a sufficient fence on a residential lot where stated, is a sufficient fence on a residential lot. Height: 1800 millimetres except with respect to the front or rear setbacks; Minimum height: subject to requirements and standards of local planning scheme; (A) Timber fence A fully enclosed timber fence is to be built to manufacturer’s specifications or in accordance with established construction techniques. (B) Corrugated fence A fence constructed of corrugated fibre-reinforced pressed cement or steel-sheeting constructed to manufacturer’s specifications or which otherwise satisfies the following (a) length: minimum in-ground length of 25 percent of the total length of the sheet; depth: minimum in-ground depth of 600 millimetres; (b) total height and depth of fence to consist of a single continuous fibre-reinforced cement of steel sheet; (c) corrugated sheets to be lapped and capped with extruded “snap-fit” type capping in accordance with the manufacturer’s written instructions; and (d) height: 1800millimetres except with respect to the front setback; minimum height: subject to requirements and standards of local planning schemes. (C) Brick, stone or concrete fence A fence constructed of brick, stone or concrete which satisfies the following requirements and (a) a site classification is to be provided by a professional engineer in accordance with AS2870-1996 Residential slabs and footings—Construction; (b) the footing is to be designed in accordance with AS2870-1996 Residential slabs and footings—Construction; (c) fences to be offset at a minimum of 200 millimetres and at maximum 3000 millimetres centres; or 225 millimetres x 100 millimetres engaged piers to be provided at: maximum 3000 millimetres centres; (d) expansion joints in accordance with the manufacturer’s written instructions; and (e) height of the fence to be 1800 millimetres, except with respect to front, side and rear setback areas for which there is no minimum height but subject to requirements and standards of local planning scheme. (D) Composite fence A composite fence, which satisfies the following specifications for the brick construction— (a) a site classification is to be provided by a professional engineer in accordance with AS2870-1996 Residential slabs and footings—Construction; (b) the footing is to be designed in accordance with AS2870-1996 Residential slabs and footings—Construction; (c) height: maximum overall height of 1800 millimetres, except with respect to front, side and rear setback areas for which there is no minimum height but subject to requirements and standards of local planning scheme; (d) brick fence of height not exceeding 1200 millimetres shall have brick piers of minimum of 230 millimetres x 230 millimetres x 1800 millimetres centres; bonded to a maximum height base wall of 514 millimetres; or, brick fence of height exceeding 1200 millimetres shall have brick piers of minimum of 230 millimetres x 230 millimetres x 1800 millimetres centres; bonded to a maximum height base wall of 514 millimetres; (e) each pier shall be reinforced with, one R10 galvanised starting rod for 230 millimetres x 230 millimetres piers; and, two R10 galvanised starting rods for 345 millimetres x 345 millimetres x 345 millimetres piers, each rod being 1 500 millimetres high with a 250 millimetres horizontal leg bedded into the concrete footing; set 65 millimetres above the base of the footing and the top of the footing shall be one course (85 millimetres) below ground level; (f) cavity to brick piers to be filled with 20 MPa concrete; (g) minimum ultimate strength of brickwork shall be 20 MPa, mortar shall be a mix of 1 part cement, 1 part lime and 6 parts sand; (h) the ground under the footings is to be compacted to 7 blows per 300 millimetres and checked with a standard falling weight penetrometer; and (i) control joints in brick work shall be provided at piers at a maximum of 6-metre centres.

22 March 2017 GOVERNMENT GAZETTE, WA 1721 (E) Brick fence with base wall A brick fence which satisfies the following specifications for the brick construction— (a) height not exceeding 1200 millimetres having brick piers of—minimum of 230 millimetres x 230 millimetres x 2700 millimetres centres bonded to the base wall; and each pier shall be reinforced with one R10 galvanised starting rod as previously specified; or (b) height exceeding 1200 millimetres having brick piers of— minimum 345 millimetres x 345 millimetres x 2700 millimetres centres bonded to base wall; and each pier shall be reinforced with two R10 galvanised starting rods as previously specified. (F) Brick fence with no base wall A brick fence, which satisfies the following specifications for the brick construction— (a) height not exceeding 1200 millimetres having brick piers minimum 230 millimetres x 230 millimetres x 2700 millimetres centres with no brick base wall; and, each pier shall be reinforced with one R10 galvanised starting rod as previously specified; or (b) height exceeding 1200 millimetres having brick piers minimum 345 millimetres x 345 millimetres x 2700 millimetres centres with no brick base wall; and, each pier shall be reinforced with two R10 galvanised starting rods as previously specified. Town centre lot [clause 2.1(2)(b)] Specifications for a sufficient fence on a town centre lot

1. Each of the identified categories in this Schedule or Schedule 2, with minimum and maximum specifications where stated, is a sufficient fence on a town centre lot. (A) Galvanised or PVC fence and gate A fence constructed of galvanised or PVC coated non-rail link mesh, chain mesh or steel mesh, which satisfies the following specifications— (a) corner posts to be minimum 50 millimetres nominal bore x 3.5 millimetres, footings of a 225 millimetres diameter x 900 millimetres; (b) intermediate posts to be minimum 37 millimetres nominal bore x 3.15 millimetres; maximum 3500 millimetres centres; and footings of 225 millimetres diameter x 600 millimetres; (c) struts to be minimum 30 millimetres nominal bore x 3.15 millimetres fitted at each gate; 2 at each corner post; and footings 225 millimetres x 600 millimetres; (d) cables to be affixed to the top centre and bottom of all posts; and consists of 2 or more 3.15 millimetres wires twisted together; or single 4 millimetres wire; (e) non-rail link, chain or steel mesh is to be a height of 2000 millimetres on top; and 3 strands of barbed wire carrying the fence to a height of 2400 millimetres in accordance with requirements and standards of local planning scheme; (f) galvanised link mesh wire to be 2000 millimetres in height; constructed of 50 millimetres mesh, 2.5 millimetres galvanised iron wire; and to be strained, neatly secured and laced to the posts and affixed to cables; (g) vehicle entry gates shall provide an opening not less than 3600 millimetres constructed of 25 millimetres tubular framework; one horizontal and one vertical stay constructed of 20 millimetres piping; and shall be covered with 50 millimetres x 2.5 millimetres galvanised link mesh strained to framework. (B) Gates shall be fixed with a drop bolt and locking attachment— (a) a fence of cement sheet or steel-sheeting construction to the minimum specifications referred to in Schedule 2 and no greater than 2000 millimetres in height; or (b) a fence constructed of aluminium sheeting when supported on posts and rails provided that it is used behind a building line and no greater than 2000 millimetres in height; or (c) a fence of timber, brick, stone or concrete constructed to the minimum specifications referred to in Schedule 2 and no greater than 2000 millimetres in height.

Schedule 3A Industrial and light industrial lot [clause 2.1(2)(c) and 2.1(2)(d)] Specifications for a sufficient fence on an industrial or light industrial lot where stated, is a sufficient fence on an industrial lot.

1722 GOVERNMENT GAZETTE, WA 22 March 2017 (A) Galvanised or PVC fence and gate A fence constructed of galvanised or PVC coated non-rail link mesh, chain mesh or steel mesh, which satisfies the following specifications— (a) maximum height 2400 millimetres; (b) corner posts to be minimum 50 millimetres nominal bore x 3.5 millimetres footings of a 225 millimetres diameter x 900 millimetres; (c) intermediate posts to be minimum 37 millimetres nominal bore x 3.15 millimetres; maximum 3 500 millimetres centres; and footings of 225 millimetres diameter x 600 millimetres; (d) struts to be minimum 30 millimetres nominal bore x 3.15 millimetres fitted at each gate; 2 at each corner post; and footings 225 millimetres x 600 millimetres; (e) cables to be affixed to the top centre and bottom of all posts; and consists of two or more 3.15 millimetre wires twisted together; or single 4 millimetre wire; (f) non-rail link, chain or steel mesh is to be a height of 2000 millimetres on top; and 3 strands of barbed wire carrying the fence to a height of 2400 millimetres in accordance with requirements and standards of local planning scheme; (g) galvanised link mesh wire to be 2000 millimetres in height; constructed of 50 millimetre mesh 2.5 millimetre galvanised iron wire; and to be strained, neatly secured and laced to the posts and affixed to cables; (h) vehicle entry gates shall provide an opening not less than 3600 millimetres constructed of 25 millimetre tubular framework; (i) one horizontal and one vertical stay constructed of 20 millimetre piping; and shall be covered with 50 millimetres x 2.5 millimetres galvanised link mesh strained to framework. (B) Gates shall be fixed with a drop bolt and locking attachment— (a) a fence of cement sheet or steel-sheeting construction to the minimum specifications referred in Schedule 2, of a minimum height of 1800 millimetres but no greater than 2400 millimetres; (b) a fence constructed of aluminium sheeting when supported on posts and rails provided that it is used behind a building line and is of a minimum height of 1800 millimetres but no greater than 2 400 millimetres; or (c) a fence of timber, brick, stone or concrete constructed to the minimum specifications referred to in Schedule 2 of a minimum height of 1800 millimetres but no greater than 2400 millimetres.

Schedule 4 General agriculture lot [Clause 2.1(2)(e)] Specifications for a sufficient fence on a rural lot where stated is a sufficient fence on a general agriculture lot. (A) Non-electrified fence A fence that is a fence of posts and wire construction and satisfies the following (a) wire is to be high-tensile wire and not less than 2.5 millimetres; (b) minimum of 5 wires are to be used, generally with the lower wires spaced closer together than the higher wires so as to prevent smaller stock passing through, and connected to posts in all cases; or (c) minimum 5 line ring lock type fencing fixed to the manufacturer’s specifications; (d) posts are to be of indigenous timber or other suitable material including— (i) timber impregnated with a termite and fungicidal preservative; (ii) standard iron star pickets; or (iii) concrete; (e) posts are to be placed at not more than 5000 millimetre intervals, set minimum 600 millimetres in the ground and 1200 millimetres above the ground; (f) if timber posts are used, posts are to be cut not less than 1800 millimetres long x 50 millimetres diameter at small end if round, or 125 millimetres x 60 millimetres if split or sawn;

22 March 2017 GOVERNMENT GAZETTE, WA 1723 (g) if strainer posts are used, posts are not to be less than 2250 millimetres long and 150 millimetres diameter at the small end (tubular steel to be 50 millimetres in diameter) these strainer posts shall be placed a minimum of 1000 millimetres in the ground and set at all corners, gateways and fence line angles but not exceeding 200 metres apart; and (h) barbed wire may be used to replace a maximum of 2 wires. Where a fence adjoins a thoroughfare barbed wire is to be affixed to the inside of the fence. (B) Electrified fence An electrified fence having 4 wires is a sufficient fence that is constructed generally in accordance with a non-electrified fence.

Schedule 4A Rural residential rural smallholding special mix residential or rural townsite lot [Clauses 2.1(2)(f), 2.1(2)(g) and 2.1(2)(h) 2.1(2)(i)] Specifications for a sufficient fence on a rural residential lot, rural smallholding lot special mix residential lot or rural townsite lot As provided in Schedule 4, except an electric fence is not permitted unless approved by the local

Schedule 5 Electrified fence licence [clause 2.12(1)(a)] Licence for approved electrified fence This is to certify that .................................................................................................................................... of .................................................................................................................................................................... is licensed, subject to the conditions set out below, to have and use an electrified fence on .................... ....................................................................................................................................................................... (address) from .................................. 20................ and until this licence is transferred or cancelled. Conditions of licence The holder of the licence must— (a) display the licence in a prominent position on the land or premises on which the electrified fence has been constructed; (b) upon the request of an authorised person produce to him or her this licence; (c) within 14 days of a change in the ownership or occupation of the land or premises in respect of which the licence has been granted, notify the Chief Executive Officer in writing of the details of that change or those changes; (d) obtain the written consent of the local government prior to the commencement of any alteration, addition or other work relating to or affecting the electrified fence; (e) comply with AS/NZS 3016:2002 Electrical installations—Electric security fences; and (f) following construction of the fence, lodge a certificate of installation from a qualified electrician and comply with any requirements of the Department of Commerce regarding the construction of the fence. Transfer by endorsement This licence is transferred to ........................................................................................................................ of .................................................................................................................................................................... from and including the date of this endorsement.

Schedule 6 Razor wire fence licence [clause 2.12(1)(b] Licence for approved razor wire fence This is to certify that ............................................................................................................................... of ........................................................................................................................................................................

1724 GOVERNMENT GAZETTE, WA 22 March 2017 is licensed, subject to the conditions set out below, to have a fence constructed wholly or partially of razor wire on ................................................................................................................................................. ....................................................................................................................................................................... (address) from .................................. 20................ and until this licence is transferred or cancelled. Conditions of licence The holder of the licence must— (a) display this licence in a prominent position on the land or premises on which the fence has been constructed; (b) on the request of the local government, produce to him or her this licence; (c) within 14 days of a change in the ownership or occupation of the land or premises in respect of which the licence has been granted, notify the Chief Executive Officer in writing of the details of that change or those changes; and (d) obtain the written consent of the local government prior to the commencement of any alteration, addition or other work relating to or affecting the fence. Transfer by endorsement This licence is transferred to ........................................................................................................................ of ................................................................................................................................................................... from and including the date of this endorsement. ————

22 March 2017 GOVERNMENT GAZETTE, WA 1725 GENERAL AMENDMENT LOCAL LAW 2016 Under the powers conferred by the Local Government Act 1995, the Cemeteries Act 1986, and all other powers enabling it, the Council of the Shire of Moora resolved on 7 December 2016 to make the following local law.

1. Citation The local law may be cited as the Shire of Moora General Amendment Local Law 2016. PART 2—LOCAL LAW AMENDED
2. Shire of Moora Cemeteries Local Law Local Law amended The Shire of Moora Cemeteries Local Law as published in the Government Gazette of 29 November 1999 is amended as follows— 2.1 In Clause 1.1 Citation delete “[insert “Local Law” or “By-law” as applicable]” and insert “local law”; 2.2 In Clause 1.1 Citation delete “[insert name of Local Law or By-law] [insert year]” and insert “Cemeteries Local Law” 2.3 In Clause 1.2 Interpretation in the definition of “authorized officer” delete “authorized” and insert “authorised” and delete “[insert name of Local Government or Board]” and insert “Shire of Moora”; 2.4 In Clause 1.2 Interpretation in the definition of “Board” delete “[insert “Local Law” or “By- law” as applicable]” and insert “local law”; 2.5 In Clause 5.1(a) delete “[insert “Local Law” or “By-law” as applicable]” and insert “local law”; 2.6 In Clause 5.6(f) delete “[insert “Local Law” or “By-law” as applicable]” and insert “local law”; 2.7 In Clause 7.11 delete “[insert “Local Law” or “By-law” as applicable]” and insert “local law”; 2.8 In Clause 7.16(2) delete “[insert “Local Law” or “By-law” as applicable]” and insert “local law”; 2.9 In Clause 7.19 delete “[insert “Local Law” or “By-law” as applicable]” and insert “local law”; 2.10 In Clause 7.20(1)(a) delete “[insert “Local Law” or “By-law” as applicable]” and insert “local law”; 2.11 In Clause 8.8 delete “[insert “Local Law” or “By-law” as applicable]” in both places where it appears and insert “local law”; 2.12 In Clause 9.1 delete “[insert “Local Law” or “By-law” as applicable]” and insert “local law”; 2.13 In the First Schedule delete “[insert name of Local Government or Board]” and “[insert name of Local Law or By-law]” and insert “Shire of Moora” and “Cemeteries Local Law 1999” respectively; 2.14 In the Second Schedule delete “[insert name of Local Government or Board]” in all four (4) places where it appears and insert “Shire of Moora”; 2.15 In the Second Schedule delete “[insert name of Local Law or By-law]” in both places where it appears and insert “Cemeteries Local Law”; 2.16 In the Second Schedule delete [insert address of Local Government or Board] in both places where it appears and insert “34 Padbury St, Moora”; 2.17 In the Third Schedule delete “[insert name of Local Government or Board]” and “[insert name of Local Law or By-law]” and insert “Shire of Moora” and “Cemeteries Local Law” respectively;

1726 GOVERNMENT GAZETTE, WA 22 March 2017 PART 3—LOCAL LAWS REPEALED 3. Local Laws Repealed The following local laws are repealed— (a) Moora Road Board—Parking By-laws as published in the Government Gazette of 14 October 1949; (b) Adoption of Draft Model By-laws Relating to Removal and Disposal of Obstructing Animals or Vehicles as published in the Government Gazette of 16 December 1963; (c) The Municipality of the Shire of Moora Adoption of Draft Model By-law Relating to Prevention of Damage to Streets as published in the Government Gazette of 19 August 1965; and (d) Shire of Moora Local Government Property Local Law as published in the Government Gazette of 29 November 1999. ————

22 March 2017 GOVERNMENT GAZETTE, WA 1727 HEALTH ACT 1911 PART 2—SANITATION Division 1—Sanitary conveniences 2.1.1 Interpretation 2.1.2 Dwelling house 2.1.3 Premises other than a dwelling house 2.1.4 Outdoor festivals 2.1.5 Toilets 2.1.6 Temporary works 2.1.7 Maintenance of sanitary conveniences and fittings 2.1.8 Ventilation of toilet 2.1.9 Public sanitary conveniences 2.1.10 Lighting 2.1.11 Installation Division 2—Bathrooms, laundries and kitchens 2.2.1 Bathrooms 2.2.2 Laundries 2.2.3 Washing or keeping of clothes in kitchens 2.2.4 Kitchens PART 3—HOUSING AND GENERAL Division 1—Maintenance of dwelling houses 3.1.1 Dwelling house maintenance 3.1.2 Maintenance of guttering and downpipes and disposal of rainwater Division 2—Ventilation of houses 3.2.1 Exemption for short term hostels and recreational campsites 3.2.2 Overcrowding 3.2.3 Calculated sufficient space 3.2.4 Ventilation 3.2.5 Sub-floor ventilation Division 3—Water supply 3.3.1 Water supply 3.3.2 Rain water tanks 3.3.3 Wells 3.3.4 Pollution Division 4—Second-hand furniture, bedding and clothing 3.4.1 Prohibition of sale 3.4.2 Prohibition of possession

1728 GOVERNMENT GAZETTE, WA 22 March 2017 PART 4—WASTE FOOD AND REFUSE Division 1—Liquid refuse 4.1.1 Interpretation 4.1.2 Deposit of liquid refuse 4.1.3 Disposal of liquid waste 4.1.4 Approval for septic tank pump-outs and removal of liquid waste Division 2—Transport of butchers’ waste 4.2.1 Interpretation 4.2.3 Transport of butchers’ waste PART 5—NUISANCES AND GENERAL Division 1—Nuisances 5.1.1 Interpretation 5.1.2 Escape of smoke etc. 5.1.3 Public vehicles to be kept clean 5.1.4 Prohibition against spitting 5.1.5 Transportation, use and storage of offal, blood or other offensive material 5.1.6 Use or storage of fertiliser 5.1.7 Storage and dispatch of artificial fertiliser 5.1.8 Storage of fertiliser in a house 5.1.9 Vehicles used for transporting of animals and birds 5.1.10 Sewage build up in yard Division 2—Keeping of animals and birds 5.2.1 Interpretation 5.2.2 Cleanliness 5.2.3 Animal enclosures 5.2.4 Cats 5.2.5 Slaughter of animals 5.2.6 Disposal of dead animals Division 3—Keeping of large animals 5.3.1 Interpretation 5.3.2 Conditions for keeping of an animal 5.3.3 Stables 5.3.4 Manure receptacles Division 4—Keeping of poultry and pigeons 5.4.1 Interpretation 5.4.2 Limitation on numbers of poultry and pigeons 5.4.3 Conditions for keeping poultry in limited numbers 5.4.4 Roosters, geese, turkeys, peafowls and game birds 5.4.5 Pigeons or doves 5.4.6 Removal of non-conforming structure or enclosure 5.4.7 Restrictions on pigeons nesting or perching Division 5—Feedlots 5.5.1 Interpretation 5.5.2 Premises to be approved 5.5.3 Site conditions PART 6—PEST CONTROL Division 1—Flies 6.1.1 Interpretation 6.1.2 Fly breeding matter not to be left on premises unless covered or treated 6.1.3 Measures to be taken by an occupier 6.1.4 EHO may give notice directing measures to be taken 6.1.5 The local government may execute work and recover costs Division 2—Mosquitoes 6.2.1 Interpretation 6.2.2 Measures to be taken to prevent mosquitoes breeding 6.2.3 The local government may execute work and recover costs Division 3—Rodents 6.3.1 Interpretation 6.3.2 Measures to be taken to eradicate rodents 6.3.3 Food and wastes to be kept in rodent proof receptacles 6.3.4 Restrictions on the keeping of rodents

22 March 2017 GOVERNMENT GAZETTE, WA 1729 Division 4—Cockroaches 6.4.1 Interpretation 6.4.2 Measures to be taken to eradicate cockroaches Division 5—Argentine ants 6.5.1 Interpretation 6.5.2 Measures to be taken to keep premises free from argentine ants Division 6—European wasps 6.6.1 Interpretation 6.6.2 Measures to be taken to keep premises free from European wasp nests Division 7—Bee keeping 6.7.1 Interpretation 6.7.2 Restrictions on keeping of bees in hives Division 8—Arthropod vectors of disease 6.8.1 Interpretation 6.8.2 Responsibility of the owner or occupier PART 7—INFECTIOUS DISEASES Division 1—General provisions 7.1.1 Requirements for an owner or occupier to clean, disinfect and disinfest 7.1.2 EHO may disinfect or disinfest premises 7.1.3 Insanitary houses, premises and things 7.1.4 Persons in contact with an infectious disease sufferer 7.1.5 Declaration of infected house or premises 7.1.6 Destruction of infected animals 7.1.7 Disposal of a body 7.1.8 The local government may carry out work and recover costs Division 2—Disposal of used condoms and needles 7.2.1 Disposal of used condoms 7.2.2 Disposal of used needles PART 8—LODGING HOUSES Division 1—Registration 8.1.1 Interpretation 8.1.2 Lodging House not to be kept unless registered 8.1.3 Application for registration 8.1.4 Approval of application 8.1.5 Renewal of registration 8.1.6 Notification upon sale or transfer 8.1.7 Revocation of registration Division 2—Construction and use requirements 8.2.1 General construction requirements 8.2.2 Kitchen 8.2.3 Dining Room 8.2.4 Lounge Room 8.2.5 Sanitary conveniences 8.2.6 Laundry 8.2.7 Fire prevention and control 8.2.8 Obstruction of passages and stairways 8.2.9 Fitting of locks 8.2.10 Restriction on use of rooms for sleeping 8.2.11 Sleeping accommodation, short term hostels and recreational campsites 8.2.12 Furnishing etc. of sleeping apartments 8.2.13 Ventilation 8.2.14 Numbers to be placed on doors Division 3—Management and care 8.3.1 Duties of keeper 8.3.2 Register of lodgers 8.3.3 Keeper report 8.3.4 Certificate in respect of sleeping accommodation 8.3.5 Duplicate keys and inspection

1730 GOVERNMENT GAZETTE, WA 22 March 2017 8.3.6 Room occupancy 8.3.7 Maintenance of a room by a lodger or resident 8.3.8 Cleaning and maintenance requirements 8.3.9 Responsibilities of lodgers and residents 8.3.10 Approval for storage of food PART 9—OFFENSIVE TRADES 9.1.1 Interpretation 9.1.2 Consent to establish an offensive trade 9.1.3 False statement 9.1.4 Registration of premises 9.1.5 Certificate of registration 9.1.6 Change of occupier Division 2—General duties of an occupier 9.2.1 Interpretation 9.2.2 Cleanliness 9.2.3 Rats and other vectors of disease 9.2.4 Sanitary conveniences and hand wash basins 9.2.5 Painting of walls etc. 9.2.6 Effluvia, vapours, gases or dust 9.2.7 Offensive material 9.2.8 Storage of materials 9.2.9 Directions 9.2.10 Other duties of occupier Division 3—Fish premises 9.3.1 Interpretation 9.3.2 Duties of an occupier 9.3.3 Disposal of waste 9.3.4 Fish containers Division 4—Laundries, dry cleaning establishments and dye works 9.4.1 Interpretation 9.4.2 Receiving depot 9.4.3 Reception room 9.4.4 Walls and floors 9.4.5 Laundry floor 9.4.6 Escape of dust 9.4.7 Precautions against combustion 9.4.8 Trolleys 9.4.9 Sleeping on premises PART 10—OFFENCES AND PENALTIES 10.1.1 Penalties