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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.