Activities in Thoroughfares and Public Places and Trading Local Law 2021

22 April 2021 GOVERNMENT GAZETTE, WA 1477 ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND TRADING LOCAL LAW 2021 This local law may be cited as the Shire of Peppermint Grove Activities in Thoroughfares and Public Places and Trading Local Law 2021. 1.4 Definitions applicant means a person who applies for a permit; 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; 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, 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—

1478 GOVERNMENT GAZETTE, WA 22 April 2021 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 2.6(2), and includes any reticulation pipes and sprinklers; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; person does not include the local government; premises for the purpose of the definition of public place in both this clause and clause 6.1, means a building or similar structure, but does not include a carpark or a similar place; public place includes any thoroughfare or place which the public are allowed to use, whether or not the thoroughfare or place is on private property, but does not include— (a) premises on private property from which trading is lawfully conducted under a written law; and (b) local government property; Regulations means the Local Government (Functions and General) Regulations 1996; sign includes a notice, flag, mark, structure or device on which may be shown words, numbers, expressions or symbols; thoroughfare has the meaning given to it in the Act, but does not include a private thoroughfare which is not under the management control of the local government; town planning scheme means a town planning scheme of the local government made under the Planning and Development Act 2005; 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— (a) a wheel-chair or any device designed for use by a physically impaired person on a footpath; and (b) a pram, a stroller or a similar device; and verge means that part of a thoroughfare between the carriageway and the land which abuts the thoroughfare, but does not include any footpath. 1.5 Repeal (1) The Shire of Peppermint Grove Activities on Thoroughfares and Trading in Thoroughfares and Public Place Local Law published in the Government Gazette on 18 September 2001 is 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. 1.6 Assistance animals This local law is subject to any written law and any law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Cth) section 9(2).

PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES

Division 1—General 2.1 General prohibitions (a) plant any plant on a verge not permitted under clause 2.6; (b) plant any tree on a verge; (c) damage a lawn unless— (i) the person is the owner or the occupier of the lot abutting that portion of the thoroughfare and the lawn has not been installed or planted by the local government; or (ii) the person is acting under the authority of a written law; (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;

22 April 2021 GOVERNMENT GAZETTE, WA 1479 (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) Clause 2.1(1) does not apply to an activity being undertaken by a person who— (a) is an employee or contractor of the local government and is authorised or engaged to undertake that activity; or (b) is otherwise lawfully authorised to undertake that activity. 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; (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 2.4 Temporary crossings (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.

1480 GOVERNMENT GAZETTE, WA 22 April 2021 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—Permissible Verge treatments 2.6 Permissible verge treatments (1) An owner or occupier of land which abuts a verge may on the verge install a permissible verge treatment. (2) A permissible verge treatment is the planting and maintenance of a couch, buffalo, dichondra or lippia grass. 2.7 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 2.9. 2.8 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 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. 2.9 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. 2.10 Transitional provision former provisions means the provisions of the repealed local law which permitted certain types of verge treatments, whether with or without the consent of the local government. (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. 2.11 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 2.12 Assignment of numbers (1) 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. (2) In this clause, number means a number of a lot with or without an alphabetical suffix indicating the address of the lot by reference to a thoroughfare.

22 April 2021 GOVERNMENT GAZETTE, WA 1481

Division 5—Fencing 2.13 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act A public place, as that term is defined in clause 1.4, is specified as a public place for the purpose of item 4(1) of Division 1 of Schedule 3.1 of the Act.

Division 6—Signs erected by the local government 2.14 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. 2.15 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 2.14(1) 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.

Division 7—Driving on a closed thoroughfare 2.16 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. 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 Division 1—Preliminary 3.1 Interpretation In this Part, unless the context otherwise requires— advertising sign means a sign used for the purpose of advertisement and includes an election sign; direction sign means a sign which indicates the direction of another place, activity or event, but does not include any such sign erected or affixed by the local government or the Commissioner of Main Roads; election sign means a sign or poster which advertises any aspect of a forthcoming Federal, State or Local Government election; portable direction sign means a portable free standing direction sign; and portable sign means a portable free standing advertising sign. Division 2—Permit 3.2 Advertising signs and portable direction signs (1) A person shall not, without a permit— (a) erect or place an advertising sign on a thoroughfare; or (b) post any bill or paint, place or affix any advertisement on a thoroughfare. (2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign which neither exceeds 500mm in height nor 0.5m2 in area, provided that the sign is placed or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or event during the hours of that activity or event. (3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign— (a) 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.

1482 GOVERNMENT GAZETTE, WA 22 April 2021 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; (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.

22 April 2021 GOVERNMENT GAZETTE, WA 1483 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. (4) This clause does not apply to a person with a disability where the animal is a guide dog or assistance animal as defined in the Disability Discrimination Act 1992 (Cth) section 9(2). Division 2—Shopping trolleys 4.3 Interpretation In this Division— retailer means a proprietor of a shop in respect of which shopping trolleys are provided for the use of customers of the shop; and shopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person to transport goods. 4.4 Shopping trolley to be marked A retailer shall clearly mark its name or its trading name on any shopping trolley made available for the use of customers. 4.5 Person not to leave trolley in public place A person shall not leave a shopping trolley in a public place other than in an area set aside for the storage of shopping trolleys. 4.6 Retailer to remove abandoned trolley (1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of shopping trolleys, the local government may advise (verbally or in writing) a retailer whose name is marked on the trolley of the location of the shopping trolley. (2) A retailer shall remove a shopping trolley within 24 hours of being so advised under subclause (1), unless the retailer— (a) requests the local government to collect and deliver the shopping trolley to the retailer; and (b) pays any fee for that collection and delivery (imposed and determined under and in accordance with sections 6.16 to 6.19 of the Act) within the period specified by the local 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—TRADING IN THOROUGHFARES AND PUBLIC PLACES Division 1—Stallholders and traders 5.1 Interpretation In this Part, unless the context otherwise requires— assistant means a person who carries out trading on behalf of the permit holder in accordance with the permit issued to the permit holder; 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;

1484 GOVERNMENT GAZETTE, WA 22 April 2021 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 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; (e) the setting up of a stall or the conducting of a business at a stall under the authority of a stallholder’s permit; (f) 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; (g) 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 (h) 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. 5.2 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. 5.3 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.

22 April 2021 GOVERNMENT GAZETTE, WA 1485 (3) The conditions subject to which the local government may approve an application for a trader’s permit include that the permit holder is permitted to remain at a particular location for as long as there is a customer making a purchase, but if there is no customer making a purchase the permit holder must move on from that location within a reasonable time of the last purchase having been made. 5.4 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. 5.5 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; or (b) that— (i) the applicant is an undischarged bankrupt or is in liquidation; (ii) the applicant has entered into any composition or arrangement with creditors; or (iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager has been appointed in relation to any part of the applicant’s undertakings or property. 5.6 Conditions of permit (1) If the local government approves an application for a permit under this Division subject to conditions, those conditions may include— (a) the place, the part of the district, or the thoroughfare to which the permit applies; (b) the days and hours during which a permit holder may conduct a stall or trade; (c) the number, type, form and construction, as the case may be, of any stand, table, structure or vehicle which may be used in conducting a stall or in trading; (d) the goods or services in respect of which a permit holder may conduct a stall or trade; (e) the number of persons and the names of persons permitted to conduct a stall or trade; (f) the requirement for personal attendance at the stall or the place of trading by the permit holder and the nomination of assistants, nominees or substitutes for the permit holder; (g) whether and under what terms the permit is transferable; (h) any prohibitions or restrictions concerning the— (i) causing or making of any noise or disturbance which is likely to be a nuisance to persons in the vicinity of the permit holder; (ii) the use of amplifiers, sound equipment and sound instruments; (iii) the use of signs; and (iv) the use of any lighting apparatus or device; (i) the manner in which the permit holder’s name and other details of a valid permit are to be displayed; (j) the care, maintenance and cleansing of the stall or any structure used for trading and the place of the stall or any structure; (k) the vacating of the place of a stall or trading when the stall is not being conducted or trading is not being carried on; (l) the acquisition by the stallholder or trader of public risk insurance; (m) the period for which the permit is valid; and (n) the designation of any place or places where trading is wholly or from time to time prohibited by the local government. (2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply with this local law, the local government may at the request of that permit holder authorise another person to be a nominee of the permit holder for a specified period, and this local law and the conditions of the permit shall apply to the nominee as if he or she was the permit holder. 5.7 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,

1486 GOVERNMENT GAZETTE, WA 22 April 2021 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. 5.8 Conduct of stallholders and traders (1) A stallholder while conducting a stall or a trader while trading shall— (a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary structure or if there is no stall, vehicle or temporary structure, carry the permit with her or him while conducting a stall or trading; (b) not display a permit unless it is a valid permit; and (c) when selling goods by weight, carry and use for that purpose, scales tested and certified in accordance with the provisions of the National Measurement Act 1960 (Cth). (2) A stallholder or trader shall not— (a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to obstruct the movement of pedestrians or vehicles; (b) act in an offensive manner; (c) use or cause to be used any apparatus or device including any flap or shelf, whereby the dimensions of a stall, vehicle or structure are increased beyond those specified in the permit. Division 2—Street entertainers 5.9 Interpretation In this Division, unless the context otherwise requires— perform includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic display or entertain, but does not include public speaking; permit means a permit issued for the purpose of clause 5.10; 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. 5.10 Permit required to perform A person shall not perform in a public place without a permit. 5.11 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. 5.12 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. 5.13 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. 5.14 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

22 April 2021 GOVERNMENT GAZETTE, WA 1487 (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 5.15 Interpretation In this Division— Facility means an outdoor eating facility or establishment on any part of a public place in which furniture is provided for the purpose of the supply of food or drink to the public or the consumption of food or drink by the public, but does not include such a facility or establishment on private land; Food Act means the Food Act 2008; food business has the meaning given to it in section 10 of the Food Act 2008; furniture means chairs, tables, waiters’ stations, planter boxes, umbrellas, screens, barriers, awnings and any other similar structure or equipment; licensed premises has the meaning given to it in section 3(1) of the Liquor Control Act 1988; and permit holder means the person to whom a permit has been issued for the purpose of clause 5.16. 5.16 Permit required to conduct Facility A person shall not establish or conduct a Facility without a permit. 5.17 Matters to be considered in determining application In determining an application for a permit for the purpose of clause 5.16, 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 and whether the use of the business is permitted under the town planning scheme; (c) the Facility will comply with any other local law made by the local government under the Act; (d) users of the Facility will have access to proper and sufficient sanitary and ablutionary conveniences as per the Building Code of Australia; (e) the Facility would— (i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any person; or (ii) impede pedestrian access; and (f) the tables, chairs and other equipment to be used may obstruct or impede the use of the public place for the purpose for which it was designed. 5.18 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; and (c) maintain the chairs, tables and other structures in the eating area in a good, clean and serviceable condition at all times. (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. 5.19 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. 5.20 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. 5.21 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.

1488 GOVERNMENT GAZETTE, WA 22 April 2021 (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 6—PERMITS Division 1—Applying for a permit 6.1 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— (b) be signed by the applicant; 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 permit. (5) The local government may refuse to consider an application for a permit which is not in accordance with subclause (2). 6.2 Decision on application for permit (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 (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 6.3 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. 6.4 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 6.2(1)(a). (2) Under clause 6.2(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 6.2(2).

22 April 2021 GOVERNMENT GAZETTE, WA 1489 (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. 6.5 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 by written notice and the variation will be effective from the point the written notice is issued to the permit holder, and the permit holder shall comply with those conditions as varied. Division 3—General 6.6 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 6.11. 6.7 Permits for outdoor facilities Notwithstanding clause 6.6, a facility permit issued for the purposes of clause 5.16 will be valid from the date of issue until 30 June. 6.8 Renewal of permit (1) A permit holder may apply to the local government in writing prior to expiry of a permit for the renewal of the permit. (2) The provisions of— (a) this Part; and (b) any other provision of this local law relevant to the permit which is to be renewed, shall apply to an application for the renewal of a permit with all the necessary changes as required. 6.9 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 (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. 6.10 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. 6.11 Cancellation of permit (1) Subject to clause 7.1, 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 7—OBJECTIONS AND APPEALS 7.1 Application of Part 9 Division 1 of Act When the local government makes a decision— (a) under clause 6.2(1); or

1490 GOVERNMENT GAZETTE, WA 22 April 2021 (b) as to whether it will renew, transfer, 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 8—MISCELLANEOUS NOTICES 8.1 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. 8.2 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. 8.3 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. 8.4 Notice to remove thing unlawfully placed on thoroughfare Where anything is placed on a thoroughfare in contravention of this local law, the local government may by notice in writing to the owner or the occupier of the property which abuts on that portion of the thoroughfare where the thing has been placed, or such other person who may be responsible for the thing being so placed, require the relevant person to remove the thing.

PART 9—ENFORCEMENT Division 1—Notices given under this local law 9.1 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. 9.2 Local government may undertake requirements of notice Where a person fails to comply with a notice referred to in clause 9.1, 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 9.3 Offences 9.4 Prescribed offences (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of (2) The number of modified penalty units for the prescribed offence is the number specified adjacent to the clause in Schedule 1. 9.5 Form of notices 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.

22 April 2021 GOVERNMENT GAZETTE, WA 1491 SCHEDULE 1—PRESCRIBED OFFENCES (clause 9.4) Item No. Clause Nature of Offence (Unit) 1 2.1(1)(a) Plant any non-permitted plant on a verge 15 2 2.1(1)(b) Plant any tree on a verge 15 3 2.1(1)(c) Damaging a lawn 15 4 2.1(1)(d) Placing hazardous substance on footpath 15 5 2.1(1)(e) Damaging or interfering with signpost or structure on thoroughfare 6 2.1(1)(f) Playing games so as to impede vehicles or persons on thoroughfare 7 2.1(1)(g) Riding of skateboard or similar device on mall or verandah of shopping centre 8 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 15 9 2.2(1)(b) Throwing or placing anything on a verge without a permit 15 10 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a permit 11 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a 12 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a 13 2.2(1)(f) Damage a thoroughfare 30 14 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 35 15 2.2(1)(h) Felling tree onto thoroughfare without a permit 15 16 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 15 17 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over a thoroughfare without a permit 18 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 15 19 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a 20 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 15 21 2.3(1) Consumption or possession of liquor on thoroughfare 15 22 2.4(1) Failure to obtain permit for temporary crossing 25 23 2.5(2) Failure to comply with notice to remove crossing and reinstate kerb 24 2.7(1) Installation of verge treatment other than permissible verge treatment 25 2.8 Failure to maintain permissible verge treatment or placement of obstruction on verge 26 2.9 Failure to comply with notice to rectify a verge treatment 15 27 2.14(2) Failure to comply with sign on public place 15 28 2.16(1) Driving or taking a vehicle on a closed thoroughfare 35 29 3.2(1) Placing advertising sign or affixing any advertisement on a thoroughfare without a permit 30 3.2(3) Erecting or placing of advertising sign in a prohibited area 15 31 4.1(1) Animal or vehicle obstructing a public place or local government property 32 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 15 33 4.2(2)(b) Animal on public place with infectious disease 15 34 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 15 35 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 15 36 4.5 Person leaving shopping trolley in public place other than trolley bay 37 4.6(2) Failure to remove shopping trolley upon being advised of location 15 38 5.2(1) Conducting of stall in public place without a permit 35 39 5.3(1) Trading without a permit 35 40 5.8(1)(a) Failure of stallholder or trader to display or carry permit 15 41 5.8(1)(b) Stallholder or trader not displaying valid permit 15

1492 GOVERNMENT GAZETTE, WA 22 April 2021 Item No. Clause Nature of Offence (Unit) 42 5.8(1)(c) Stallholder or trader not carrying certified scales when selling goods by weight 43 5.8(2) Stallholder or trader engaged in prohibited conduct 15 44 5.10 Performing in a public place without a permit 15 45 5.11(2) Failure of performer to move onto another area when directed 15 46 5.14 Failure of performer to comply with obligations 15 47 5.16 Establishment or conduct of outdoor eating facility without a 48 5.18 Failure of permit holder of outdoor eating facility to comply with obligations 49 5.20(1) Use of equipment of outdoor eating facility without purchase of food or drink from facility 50 5.20(2) Failure to leave outdoor eating facility when requested to do so by permit holder 51 6.5 Failure to comply with a condition of a permit 15 52 6.10 Failure to produce permit on request of authorised person 15 53 9.1 Failure to comply with notice given under local law 15 ————

22 April 2021 GOVERNMENT GAZETTE, WA 1493 CAT ACT 2011 CATS LOCAL LAW 2021 Under the powers conferred by the Cat Act 2011, the Local Government Act 1995 and by all other powers enabling it, the Council of the Shire of Peppermint Grove resolved on 23 February 2021 to make the following local law. This local law may be cited as the Shire of Peppermint Grove Cats Local Law 2021. 1.4 Definitions Act means the Cat Act 2011; applicant means the occupier of the premises who makes an application for a permit under this local law; authorised person means a person authorised by the local government to perform the functions conferred on an authorised person under this local law; cat has the meaning given to it in the Act; cat management facility has the meaning given to it in the Act; cattery means any premises where more than 3 cats are kept, bred, boarded, housed or trained temporarily, whether for profit or otherwise, and where the occupier of the premises is not the ordinary owner of the cats; effective control in relation to a cat means any of the following methods– (a) held by a person who is capable of controlling the cat; (b) securely tethered; (c) secured in a cage; or (d) any other means of preventing escape; grouped dwelling (commonly referred to as a duplex, villa or townhouse) means a dwelling that is one of a group of two or more dwellings on the same lot such that no dwelling is placed wholly or partly vertically above the other, except where special conditions of landscape or topography dictate otherwise, and includes a dwelling on a survey strata with common multiple dwelling (often called flats, apartments or units) means a dwelling in a group of more than one dwelling on a lot where any part of a dwelling is vertically above part of any other but— (a) does not include a grouped dwelling; and (b) includes any dwellings above the ground floor in a mixed use development; nuisance means— (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law;

1494 GOVERNMENT GAZETTE, WA 22 April 2021 (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; owner has the meaning given to it in the Act; penalty unit has the meaning given in the Shire of Peppermint Grove Penalty Units Local Law 2021; permit means a permit issued by the local government under Part 3; permit holder means a person who holds a valid permit under Part 3; premises has the meaning given to it in the Act; RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western Australia; Schedule means a schedule to this local law; Scheme means a planning scheme of the local government made by it under the Planning and Development Act 2005; and Veterinarian has the meaning given to it in the Act. PART 2—CAT CONTROL 2.1 Cat not to be a nuisance (1) An owner shall not allow a cat to be or create a nuisance. (2) Where in the opinion of an authorised person, or where the local government receives signed complaints in the form of Schedule 2 from two or more persons each of whom occupy different premises that a cat is creating a nuisance, the local government may give written notice to the owner of the cat requiring that person to abate the nuisance. (3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in force for the period specified by the local government in the notice which period shall not exceed 28 days. (4) A person given a notice to abate the nuisance shall comply with the notice within the period specified in the notice. PART 3—PERMITS FOR KEEPING CATS 3.1 Interpretation In this Part, and for the purposes of applying the definition of ‘cattery’, cat does not include a cat less than 6 months old. 3.2 Cats for which a permit is required (1) Subject to subclause (2) a person is required to have a permit to— (a) keep more than 3 cats on any premises; or (b) use any premises as a cattery or cat management facility. (2) A permit is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA or any other body prescribed in regulation 4 of the Cat Regulations 2012; (b) a cat management facility which has been approved by the local government; (c) a veterinary surgery; or (d) a pet shop. 3.3 Application for permit An application for a permit under clause 3.2 shall be— (a) made in writing by an occupier of the premises in relation to those premises; (b) in a form approved by the local government, describing and specifying the number of cats to be kept on the premises; (c) accompanied by a brief reason and justification for the request; (d) accompanied by the plans of the premises to which the application relates in the form determined by the local government from time to time; (e) accompanied by the consent in writing of the owner of the premises where the occupier is not the owner of the premises to which the application relates; and (f) accompanied by the application fee for the permit determined by the local government from time to time. 3.4 Refusal to determine application The local government may refuse to determine an application for a permit if it is not made in accordance with clause 3.3.

22 April 2021 GOVERNMENT GAZETTE, WA 1495 3.5 Factors relevant to the determination of application (1) In determining an application for a permit the local government may have regard to— (a) the reasons and justification provided for the request; (b) the physical suitability of the premises for the proposed use; (c) the suitability of the zoning of the premises under any Scheme which applies to the premises for the proposed use; (d) the environmental sensitivity and general nature of the location surrounding the premises for the proposed use; (e) the structural suitability of any enclosure in which any cat is to be kept; (f) the likelihood of a cat causing nuisance, inconvenience, or annoyance to the occupiers of adjoining land; (g) the likely effect on the amenity of the surrounding area of the proposed use; (h) the likely effect on the local environment including any pollution or other environmental damage, which may be caused by the use; (i) any submissions received under subclause (2) within the time specified in subclause (2); and (j) such other factors which the local government may consider to be relevant in the circumstances of the particular case. (2) The local government may require an applicant to— (a) consult with nearby landowners; or (b) advise nearby landowners that they may make submissions to the local government on the application for a permit within 14 days of receiving that advice, before determining the application for the permit. (3) The local government may specify the extent of consultation with nearby residents, as specified in subclause 3.5(2)(a) and may specify which properties should be consulted. 3.6 Decision on application (a) approve an application for a permit as it was submitted, in which case it shall approve it subject to the conditions in clause 3.7 and may approve it subject to any other conditions it sees fit; (b) approve an application but specify an alternative number of cats permitted to be housed at the address; or (c) refuse to approve an application for a permit. (2) If the local government approves an application under subclause (1), then it shall issue a permit to the applicant in the form determined by the CEO. (3) If the local government refuses to approve an application under subclause (1) then it shall advise the applicant accordingly in writing. 3.7 Conditions (1) Every permit is issued subject to the following conditions— (a) each cat kept on the premises to which the permit relates shall comply with the requirements of the Act; (b) each cat shall be contained on the premises unless under the effective control of a person; (c) the permit holder will provide adequate space for the exercise of the cats; (d) the premises shall be maintained in good order and in a clean and sanitary condition; and (e) those conditions contained in Schedule 1. (2) In addition to the conditions in subclause (1) of this clause, a permit may be issued subject to other conditions, as the local government considers appropriate. 3.8 Compliance with conditions of permit A permit holder shall comply with each condition of a permit. 3.9 Duration of a permit Unless otherwise specified in a condition on a permit, a permit commences on the date of issue and expires— (a) if it is revoked; or (b) if the permit holder ceases to reside at the premises to which the permit relates. 3.10 Revocation The local government may revoke a permit if the permit holder fails to observe any provision of this local law or a condition of a permit. 3.11 Permit not transferable A permit is not transferrable either in relation to the permit holder or the premises.

1496 GOVERNMENT GAZETTE, WA 22 April 2021 3.12 Permit to be kept at premises and available for view (1) A permit issued by the local government shall be kept at the premises to which it applies and shall be provided to an authorised person on demand. (2) In the case of a registered cattery or cat management facility, the permit shall be displayed in a prominent place within the premises. PART 4—MISCELLANEOUS 4.1 Giving of an infringement notice A notice given under this local law may be given to a person— (a) personally; (b) by postal mail addressed to the person; or (c) by leaving it for the person at her or his address. PART 5—OBJECTIONS AND APPEALS 5.1 Objections and appeal rights Any person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a permit, or by the refusal of the local government to grant a permit may object or appeal against the decision under Division 1 of Part 9 of the Local Government Act 1995. PART 6—OFFENCES AND PENALTIES 6.1 Offences (2) Unless otherwise specified, any person who commits an offence under this local law is liable on conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued. 6.2 Prescribed offences (1) An offence against any provision of this local law is a prescribed offence for the purposes of section 62(1) of the Act. (2) The amount of the modified penalty for a prescribed offence shall be 20 penalty units. 6.3 Forms (1) The issue of infringement notices, their withdrawal and the payment of modified penalties are dealt with in Division 4 of Part 4 of the Act. (2) An infringement notice in respect of an offence against this local law may be given under section 62 of the Act and is to be in the form of Form 6 in Schedule 1 of the Cat Regulations 2012. (3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of Form 7 in Schedule 1 of the Cat Regulations 2012. ———— SCHEDULE 1—ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS [Clause 3.7] A. Permit to keep more than 3 cats Additional conditions— (1) In the case of a grouped dwelling where there is no suitable dividing fence or multiple dwellings on the same level, the written consent to the application for a permit of the occupier of the adjoining dwellings has been obtained. (2) Without the consent of the local government, the permit holder will not substitute or replace any cat that is the subject of a permit once that cat— (a) dies; or (b) is permanently removed from the premises. B. Permit to use premises as a Cattery or Cat Management Facility Additional conditions— (1) All building enclosures must be structurally sound, have impervious flooring, be well lit and ventilated and otherwise comply with all legislative requirements. (2) There is to be a feed room, wash area, isolation cages and maternity section. (3) Materials used in structures are to be approved by the local government.

22 April 2021 GOVERNMENT GAZETTE, WA 1497 (4) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices and other defects. (5) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to corrosion and constructed to prevent the harbourage of vermin. (6) Washing basins with a minimum of running cold water are to be available to the satisfaction of the local government. (7) The maximum number of cats to be kept on the premises stated on the permit is not to be exceeded. (8) A register is to be kept recording in respect of each cat the— (a) date of admission; (b) date of departure; (c) breed, age, colour and sex; and (d) name and residential address of the owner. (9) The register is to be made available for inspection on the request of an authorised person. (10) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to minimise the risk of disease. (11) Any sick or ailing cat is to be removed from the premises or transferred to an isolation cage separated from other cats kept on the premises. (12) Any other matter which in the opinion of the local government is deemed necessary for the health and wellbeing of any cat, or person, or adjoining premises or the amenity of the area (or any part thereof). ————

SCHEDULE 2 [Clause 2.1] Shire of Peppermint Grove Cats Local Law 2021 Nuisance Form TAKE NOTICE THAT a cat, believed to be a (1) has created a nuisance by (2) the cat is believed to belong to (3) and is kept at (4) and I (5) of request the Shire of Peppermint Grove to institute proceedings, if the nuisance does not stop, and undertake— (a) to give full information to the Shire of Peppermint Grove as to this matter; and (b) to appear in Court and give evidence as a witness to the truth of this complaint. Dated this _____________________ day of ____________________ 20 ____ …………………………………………………. (to be signed by complainant) (1) Insert breed or kind of cat and, where possible, its sex and identifying marks. (2) Describe details of the alleged nuisance, including the kind of nuisance and, where possible, the dates and time on or between which the nuisance occurred, and where the cat was at the time of the nuisance. (3) State name and address of the person believed to be the owner. (4) State, if known, where the cat is usually kept. (5) Insert name and address of complainant. ———— Shire in the presence of—

22 April 2021 GOVERNMENT GAZETTE, WA 1499 DOG ACT 1976 DOGS LOCAL LAW 2021 Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Peppermint Grove resolved on 23 February 2021 to make the following local law. This local law may be cited as the Shire of Peppermint Grove Dogs Local Law 2021. 1.4 Repeal The Shire of Peppermint Grove Dogs Local Law published in the Government Gazette on 18 September 2001 is repealed. 1.5 Interpretation Act means the Dog Act 1976; assistance animal means an animal referred to in section 9 (Disability discrimination—guide dogs, hearing assistance dogs and trained animals) of the Disability Discrimination Act 1992 (Cth); authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under this local law; dangerous dog has the meaning given to it in the Act; dog has the meaning given to it in 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; public place has the meaning given to it in the Act; Regulations means the Dog Regulations 2013; Schedule means a schedule in this local law; and thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995. PART 2—IMPOUNDING OF DOGS 2.1 Charges and costs (1) The following are to be imposed and determined by the local government under sections 6.16 to 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; (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.

1500 GOVERNMENT GAZETTE, WA 22 April 2021 (2) The payment of fees in respect to the seizure, care, detention or destruction of a dog shall not relieve the owner of liability to a penalty under the Act, Regulations or this local law. 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 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 or authorised person. PART 3—KEEPING OF DOGS 3.1 Dogs to be confined (1) In this Part— fence means any boundary structure, wall, door, gate, window, or physical barrier used to confine the dog within the premises where the dog is being kept, and may also include an electronic boundary fence and collar system that is— (a) installed as per the manufacturers recommendations; (b) the dog is trained in wearing the collar as per the manufacturers recommendations; (c) the fence and wire is properly maintained; and (d) the collar and unit is operating and working correctly. (2) 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 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 the dog remains confined) and is fitted with a proper latch or other means of fastening it; (c) ensure the dog cannot be removed or released from the premises without the permission of the occupier of the property; (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. (3) Notwithstanding subclauses (1) and (2), the confinement of dangerous dogs is dealt with in the Act and Regulations. 3.2 Limitation on the number of dogs (1) The owner or occupier of any premises within the district shall not keep, permit or suffer to remain thereon more than two dogs over the age of three months. (2) A person wishing to keep more than two dogs but not more than six dogs on any premises may seek, upon application to Council, exemption for those provisions under section 26(3) of the Act. 3.3 Offence to excrete (1) A dog must not excrete on— (a) any thoroughfare or other public place; or (b) any land which is not a public place without the consent of the occupier. (2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence. (3) The person liable for the control of the dog does not commit an offence against subclause (2) if any excreta is removed immediately by that person. PART 4—ENFORCEMENT 4.1 Interpretation In this Part— infringement notice means the notice referred to in clause 4.4; notice of withdrawal means the notice referred to in clause 4.7(1); and Law 2021. 4.2 Offences and general penalty (2) Unless otherwise specified, any person who commits an offence under this local law is liable on conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued.

22 April 2021 GOVERNMENT GAZETTE, WA 1501 4.3 Modified penalties (1) An offence against a clause specified in Schedule 1 is an offence in relation to which a modified penalty may be imposed. (2) The amount appearing in the third column of Schedule 1 directly opposite an offence is the modified penalty payable in respect of that offence. the modified penalty is the number of dollars obtained by multiplying the value of the penalty units. 4.4 Issue of infringement notice (1) 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, the authorised person may serve on the alleged offender a notice in the form of Form 8 in Schedule 1 of the Regulations informing the alleged offender that, if he or she does not wish to be prosecuted in court for the alleged offence, he or she may pay to the local government within the time specified in the notice, the amount prescribed as the modified penalty. (2) An infringement notice may be served on an alleged offender personally, or by leaving it at or posting it to her or his address as ascertained from the alleged offender, at the time of or immediately following the occurrence giving rise to the allegation of the offence, or as recorded by the local government under the Act. 4.5 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. 4.6 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. 4.7 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 of Form 9 of Schedule 1 of the Regulations. (2) A person authorised to issue an infringement notice under clause 4.4 cannot sign or send a notice of withdrawal. 4.8 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. ———— SCHEDULE 1—OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES (clause 4.3) Offence Nature of offence penalty units 3.1 Failing to provide means for effectively confining a dog 20 3.3(2) Failing to remove dog excreta from a public place 20 ———— Council in the presence of:

22 April 2021 GOVERNMENT GAZETTE, WA 1503 FENCING LOCAL LAW 2021 it, the Shire of Peppermint Grove resolved on 23 February 2021 to make the following local law. This local law may be cited as the Shire of Peppermint Grove Fencing Local Law 2021. 1.4 Repeal The Shire of Peppermint Grove Local Laws Relating to Fencing published in the Government Gazette on 18 September 2001 is repealed. 1.5 Definitions In this local law— Act means the Dividing Fences Act 1961; applicant means a person who makes an application for approval under this local law; AS or AS/NZS means an Australian or Australian/New Zealand Standard as published by Standards Australia and as amended from time to time; Local Government Act 1995 to carry out functions with respect to this local law; barbed wire means a wire or strand of wires having small pieces of sharply pointed wire twisted around it at short intervals; Building Code has the meaning given in regulation 3 of the Building Regulations 2012; Building Surveyor means a Building Surveyor acting on behalf of the local government; Commercial Lot means a lot where a commercial use— (a) is or may be permitted under the local planning scheme; and (b) is or will be the predominant use of the lot; 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; or (e) any fence or associated fixture which in the opinion of the Chief Executive Officer may injure or damage person, animal or property which may come into contact with the fence. dividing fence has the meaning given to it by the Act; electrified fence means a fence carrying or designed to carry an electric charge;

1504 GOVERNMENT GAZETTE, WA 22 April 2021 fence means any structure, not including a retaining wall, 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 street boundary of that lot; 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; local government property means land or buildings— (c) which is an “otherwise unvested facility” under section 3.53 of the Local Government Act 1995; local planning scheme means a current local planning scheme made under the Planning and Development Act 2005; lot has the meaning given to it in 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 Local Government Act 1995; owner has the meaning given to it in the Local Government Act 1995; razor wire fence means a coiled strong wire with pieces of sharp cutting edges set across it at close intervals; Residential Lot means a lot where a residential use— (a) is or may be permitted under the local planning scheme; and (b) is or will be the predominant use of the lot; retaining wall means any structure which is engineered and constructed to prevent the movement of soil or retains soil or structures in order to allow a change in ground levels (i.e. different elevations) to exist adjacent to one another; Schedule means a Schedule to this local law; sufficient fence means a fence described in clause 2.1; and thoroughfare has the meaning given to it by the Local Government Act 1995, but does not include a private thoroughfare which is not under the management or control of the local 1.6 Licence fees and charges All fees and charges applicable under this local law shall be determined by the local government from time to time in accordance with sections 6.16 to 6.19 of the Local Government Act 1995. PART 2—FENCES 2.1 Sufficient fences (1) It shall be an offence for a person to erect a dividing fence or a boundary fence that is not a sufficient fence. (2) Subject to subclauses (3) and (4), a sufficient fence— (a) on a Residential Lot is a dividing or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 1; and (b) on a Commercial Lot is a dividing or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 2. (3) Where a fence is erected on or adjacent to the boundary between a Residential Lot and a Commercial Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 2. (4) An application must be made to the local government for the grant of consent to any variation to the specifications in Schedule 2. (5) Unless an authorised person determines otherwise, a sufficient fence on a boundary between lots other than those specified in subclause (3) is a dividing fence constructed in accordance with the specifications and requirements of Schedule 1.

22 April 2021 GOVERNMENT GAZETTE, WA 1505 (6) Where a dividing fence is constructed of masonry, stone or concrete, or is combined with a retaining wall structure, or exceeds 1800 mm in height, it shall not be considered for approval unless it has been assessed and certified to comply with Australian Standards and Building Code of Australia for structural stability—such certification shall be provided by a suitably qualified engineer to the satisfaction of the CEO. (7) Notwithstanding any other provision in this local law, a boundary fence abutting local government property and proposed to exceed 1800 mm in height shall not be constructed before the approval of the local government has been obtained for such a fence. 2.2 Street Frontages (1) A person shall not, without the written consent of the Chief Executive Officer, erect a fence along the front boundary or within the front set-back area of a Residential Lot unless the fence has— (a) open aspect construction (minimum of 80% ratio of openings to overall panel area); and (b) columns which shall not exceed 2.1 m in height above boundary height level, or natural ground level in the case of front setback; and (c) exceed 600 mm in depth and 600 mm in width; and (d) be less than 1.8 m clear of any adjoining column, pier or post. (2) Any infill panels forming part of a front boundary fence may be solid material to a height of 900 mm above natural ground level, and where taller than 900 mm shall be open timber, wrought iron, steel or aluminium palings spaced to ensure the width between each paling is at least equal to the width of the paling with a minimum space of 50 mm and a minimum open aspect of 50 % of the infill panel. (3) Blade fencing, where the depth of the infill picket, proportionally more than the profile section facing the street, there shall be sufficient width so that views to the house are not obscured. This can be achieved where the gap between blades is a minimum of twice the depth. For instance, 25 mm deep blades shall be spaced 50 mm apart. (4) Proposals for a fence of a height greater than 1200 mm in the front setback area of a Residential Lot may only be considered for approval by the Council if the fence on each side of the driveway into the lot across the front boundary is to be angled into the lot for a distance of not less than 1500 mm along the frontage to a distance of not less than 1500 mm from the frontage in order to provide appropriate splayed lines of vision for a motorist using the driveway for access to a thoroughfare. (5) The provision of subclause (4) shall not apply to a fence— (a) of open construction that does not obscure the lines of vision of a motorist using the driveway for access to a thoroughfare; or (b) that does not adjoin a footpath. 2.3 Gates in fences All gates within a fence must either— (a) open entirely into the lot; or (b) slide parallel along the inside of the fence, to complete the fence alignment, 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. 2.5 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. 2.6 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. 2.7 Fences upon a right-of-way, public reserves, accessways or thoroughfares The Council will not permit a fence or similar structure to be erected on public reserves managed by the local government on a permanent basis. Where a fence of similar structure has been erected to isolate or secure a portion of a public reserve the local government may issue a Notice to the owner of the adjacent land to remove such structures and to restore the ground to its adjacent level at no cost to the local government. 2.8 General discretion of the local government (1) The local government will not intervene beyond the jurisdiction of the Act on matters concerning boundary fences which divide abutting private properties and in such cases only insofar as to advise respective owners of their remedy through mediation or civil action. (2) Notwithstanding subclause (1) in those cases where the fence structure is determined by a certified engineer to be unsound and dangerous, the local government may at its discretion, instruct the removal, modification or repair to a dividing fence (which is not a sufficient fence) and that instruction is issued to all of the owners of the lots to be separated by the dividing fence for that purpose.

1506 GOVERNMENT GAZETTE, WA 22 April 2021 2.9 Prohibited fencing materials (1) A person shall not affix or use materials which may injure or otherwise cause detriment to persons or the environment. (2) Prohibited materials include jagged or broken glass, razor or barbed wire, sharpened metal spikes or serrated edges, electric current, or other materials or finishes considered in the opinion of the local government to constitute a hazard likely to cause injury or detriment to persons or impact the environment with a moderate to high exposure to that hazard. 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— (b) be signed by the applicant and the owner of the lot; government under and in accordance with sections 6.16 to 6.19 of the Local Government Act 1995. 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 (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 (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 or 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— (a) runs with the lot to which it relates; (b) may be relied upon by any subsequent occupier or owner of the lot; and (c) may be enforced by the local government against a subsequent occupier or owner of the lot; and (d) may be transferred by request of the local government or the Western Australian Planning Commission to apply to any new lots created by virtue of amalgamation or subdivision. 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 in writing to the owner of that lot. (2) A notice of breach shall— (a) specify the provision 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) 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

22 April 2021 GOVERNMENT GAZETTE, WA 1507 breach, and may recover the expenses of so doing from the owner of the lot in a court of competent jurisdiction. (4) This local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the Local Government Act 1995 and any power of entry exercised by the local government under this local law is subject to Part 3, Division 3, Subdivision 3 of that Act. PART 6—OBJECTIONS AND REVIEW 6.1 Objections and review When the local government makes a decision under clause 3.2, the provisions of Division 1 Part 9 of the Local Government Act 1995, and regulation 33 of the Local Government (Functions and General) Regulations 1996, apply to that decision. PART 7—OFFENCES 7.1 Offences and penalties 7.2 Prescribed offence (1) An offence against any provision of this local law is a prescribed offence for the purposes of section 9.16(1) of the Local Government Act 1995. (2) The amount of the modified penalty for a prescribed offence shall be 25 penalty units. (4) If this local law expresses a modified penalty as a number of penalty units, the monetary value of 7.3 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 Local Government Act 1995 is to be in the form of Form 2 of 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 Local Government Act 1995 is to be in the form of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. ———— SCHEDULE 1—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT [clause 2.1(2)(a)] Each of the identified categories in this Schedule is a sufficient fence on a Residential Lot and the fence design being certified by a practicing structural engineer as being suitable for wind loadings found in Region D Category 2 areas in accordance with the current edition of AS/NZS 1170.0:2002 Structural design actions—General principles. Timber fence (a) corner posts to be 125mm x 125mm x 2400mm and intermediate posts to be 125mm x 75mm x 2400mm spaced at 2400mm centres; (b) corner posts to be strutted two ways with 100mm x 50mm x 450mm sole plates and 75mm x 50mm struts; (c) intermediate posts to be doubled yankee strutted with 150mm x 25mm x 450mm struts; (d) all posts to have tops with a 60mm weather cut and to be sunk at least 600mm into the ground; (e) rails to be 75mm x 50mm with each rail spanning 2 bays of fencing double railed or bolted to each post with joints staggered; (f) the fence to be covered with 75mm x 20mm sawn pickets, 1800mm in height placed 75mm apart and affixed securely to each rail; and (g) the height of the fence to be 1800mm except with respect to the front set back area for which

1508 GOVERNMENT GAZETTE, WA 22 April 2021 Corrugated fence A fence constructed of corrugated fibre reinforced pressed cement or steel sheeting constructed to manufacturer’s specifications or which satisfies the following specifications— (a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any case shall have a minimum in-ground depth of 600mm; (b) the total height and depth of the fence to consist of a single continuous fibre reinforced cement or steel sheet; (c) the sheets to be lapped and capped with extruded “snap-fit” type capping in accordance with the manufacturers written instructions; and (d) the height of the fence to be 1800mm except with respect to the front set back area for which Brick, stone or concrete fence A fence constructed of brick, stone or concrete, which satisfies the following requirements and specifications— (a) a site classification is to be provided by a professional engineer in accordance with AS 2870-

2011 Residential slabs and footings (as amended); (b) the footing is to be designed in accordance with AS 2870-2011 Residential slabs and footings as amended; (c) footings of minimum 225mm x 150mm concrete 15MPa or 300mm x 175mm brick laid in cement mortar; (d) fences to be offset a minimum of 200mm at maximum 3000mm centres or 225mm x 100mm engaged piers to be provided at maximum 3000mm centres; (e) expansion joints in accordance with the manufacturer’s written instructions; and (f) the height of the fence to be 1800mm except with respect to the front set back area for which Composite fence A composite fence which satisfies the following specifications for the brick construction— (1) (a) brick piers of minimum 345mm x 345mm at 1800mm centres bonded to a minimum height base wall of 514mm; (b) each pier shall be reinforced with one R10 galvanised starting rod 1500mm high with a 250mm horizontal leg bedded into a 500mm x 200mm concrete footing and set 65mm above the base of the footing. The top of the footing shall be 1 course (85mm) below ground level; (c) the minimum ultimate strength of brickwork shall by 20MPa. Mortar shall be a mix of 1 part cement, 1 part lime and 6 parts sand; (d) the ground under the footings is to be compacted to 6 blows per 300mm and checked with a standard falling weight penetrometer; and (e) control joints in brickwork shall be provided with double piers at a maximum of 6-metre centres; or (2) (a) brick piers of a minimum 345mm x 345mm x 2700mm centres bonded to the base wall; and (b) each pier shall be reinforced with two R10 galvanised starting rods as previously specified. ———— SCHEDULE 2—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT [clause 2.1(2)(b)] Each of the identified categories in this Schedule, with minimum and maximum specifications where stated, is a sufficient fence on a Commercial Lot and the fence design being certified by a practicing structural engineer as being suitable for wind loadings found in Region D Category 2 areas in accordance with the current edition of AS/NZS 1170.0:2002 Structural design actions—General principles. 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 50mm nominal bore x 3.5mm and with footings of a 225mm diameter x 900mm; (b) intermediate posts to be minimum 37mm nominal bore x 3.15mm at maximum 3.5m centres and with footings of a 225mm diameter x 600mm; (c) struts to be minimum 30mm nominal bore x 3.15mm fitted at each gate and 2 at each corner post and with footings 225mm x 600mm; (d) cables to be affixed to the top, centre and bottom of all posts and to consist of 2 or more 3.15mm wires twisted together or single 4mm wire; (e) non-rail link, chain or steel mesh is to be to a height of 2000mm on top of which are to be 3 strands of barbed wire carrying the fence to a height of 2400mm in accordance with the requirements and standards of the local planning schemes; and

22 April 2021 GOVERNMENT GAZETTE, WA 1509 (f) galvanised link mesh wire to be 2000mm in height and constructed of 50mm mesh 2.5mm galvanised iron wire and to be strained, neatly secured and laced to the posts and affixed to cables. Vehicle entry gates shall provide an opening of not less than 3.6m and shall be constructed of 25mm tubular framework with 1 horizontal and 1 vertical stay constructed of 20mm piping and shall be covered with 50mm x 2.5mm galvanised link mesh strained to framework. Gates shall be fixed with a drop bolt and locking attachment. Other fences (a) a fence of cement sheet or steel sheeting constructed to the minimum specifications referred to in Schedule 1; (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 1800mm but no greater than 2400mm; or (c) a fence of timber, brick, stone or concrete constructed to the minimum specifications referred to in Schedule 1. ———— Shire in the presence of—

22 April 2021 GOVERNMENT GAZETTE, WA 1511 LOCAL GOVERNMENT PROPERTY LOCAL LAW 2021 This local law may be cited as the Shire of Peppermint Grove Local Government Property Local Law 2021. 1.2 Definitions applicant means a person who applies for a permit under clause 3.2; Act to perform any of the functions of an authorised person under this local law; boat means any ship, vessel or structure capable of being used in navigation by water, however propelled or moved, and includes a jet ski; building means any building which is local government property and includes a— (a) hall or room; (b) corridor, stairway or annexe of any hall or room; and (c) a building on a local government depot site; CEO means the chief executive officer of the local government; commencement day means the day on which this local law comes into operation; date of publication means, where local public notice is required to be given of a matter under this local law, the date on which notice of the matter is published in a newspaper circulating generally throughout the district; determination means a determination made under clause 2.1; function means an event or activity characterised by all or any of the following— (a) formal organisation and preparation; (b) its occurrence is generally advertised or notified in writing to particular persons; (c) organisation by or on behalf of a club; (d) payment of a fee to attend it; and (e) systematic recurrence in relation to the day, time and place; liquor has the same meaning as is given to it in section 3 of the Liquor Control Act 1988; local government property means anything except a thoroughfare— permit means a permit issued under this local law;

1512 GOVERNMENT GAZETTE, WA 22 April 2021 permit holder means a person who holds a valid permit; person does not include the local government; prohibited drug has the meaning given to it by the Misuse of Drugs Act 1981; Regulations means the Local Government (Functions and General) Regulations 1996; sign includes a notice, flag, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols; trading means the selling or hiring, or the offering for sale or hire of goods or services, and includes displaying goods for the purpose of— (a) offering them for sale or hire; (b) inviting offers for their sale or hire; (c) soliciting orders for them; or (d) carrying out any other transaction in relation to them; and 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 boat. 1.3 Interpretation In this local law unless the context otherwise requires a reference to local government property includes a reference to any part of that local government property. 1.4 Application (1) This local law applies throughout the district. (2) This local law is subject to any written law and law of the Commonwealth about assistance animals as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth). (3) Notwithstanding anything to the contrary in this local law, the local government may— (a) hire local government property to any person; or (b) enter into an agreement with any person regarding the use of any local government property. 1.5 Repeal (1) The Shire of Peppermint Grove Local Government Property Local Law published in the Government Gazette on 18 September 2001 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. 1.6 Commencement PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY 2.1 Determinations as to use of local government property The local government may make a determination in accordance with clause 2.2— (a) setting aside specified local government property for the pursuit of all or any of the activities referred to in clause 2.7; (b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on specified local government property; (c) as to the matters in clauses 2.7(2) and 2.8(2); and (d) as to any matter ancillary or necessary to give effect to a determination. 2.2 Procedure for making a determination (1) The local government is to give local public notice of its intention to make a determination. (2) The local public notice referred to in subclause (1) is to state that— (a) the local government intends to make a determination, the purpose and effect of which is summarised in the notice; (b) a copy of the proposed determination may be inspected and obtained from the offices of the local government; and (c) submissions in writing about the proposed determination may be lodged with the local government within 21 days after the date of publication.

22 April 2021 GOVERNMENT GAZETTE, WA 1513 (3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to— (a) give local public notice that the proposed determination has effect as a determination on and from the date of publication; (b) amend the proposed determination, in which case subclause (5) will apply; or (c) not continue with the proposed determination. (4) If submissions are received in accordance with subclause (2)(c) the Council is to— (a) consider those submissions; and (b) decide— (i) whether or not to amend the proposed determination; or (ii) not to continue with the proposed determination. (5) If the Council decides to amend the proposed determination, it is to give local public notice— (a) of the effect of the amendments; and (b) that the proposed determination has effect as a determination on and from the date of publication. (6) If the Council decides not to amend the proposed determination, it is to give local public notice that the proposed determination has effect as a determination on and from the date of publication. (7) A proposed determination is to have effect as a determination on and from the date of publication of the local public notice referred to in subclauses (3), (5) and (6). (8) A decision under subclause (3) or (4) is not to be delegated by the Council. 2.3 Discretion to erect sign The local government may erect a sign on local government property to give notice of the effect of a determination which applies to that property. 2.4 Determination to be complied with A person shall comply with a determination. 2.5 Register of determinations (1) The local government is to keep a register of determinations made under clause 2.1, and of any amendments to or revocations of determinations made under clause 2.6. (2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for that purpose the register is to be taken to be information within section 5.94(u)(i) of the Act. 2.6 Amendment or revocation of a determination (1) The Council may amend or revoke a determination. (2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment were a proposed determination. (3) If the Council revokes a determination it is to give local public notice of the revocation and the determination is to cease to have effect on the date of publication. 2.7 Activities which may be pursued on specified local government property (1) A determination may provide that specified local government property is set aside as an area on which a person may— (a) smoking on premises; (b) bring, ride or drive an animal; (c) take, ride or drive a vehicle, or a particular class of vehicle; (d) fly or use a motorised model aircraft or unmanned aerial vehicle (drone); (e) use a children’s playground provided that the person is under an age specified in the determination, but the determination is not to apply to a person having the charge of a person under the specified age; (f) launch, beach or leave a boat; (g) take or use a boat, or a particular class of boat; (h) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or not in specified areas of that local government property; (i) play or practice— (i) golf or archery; (ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms Act 1973; or (iii) a similar activity, specified in the determination, involving the use of a projectile which, in the opinion of the local government may cause injury or damage to a person or (j) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; and (k) wear no clothing. (2) A determination may specify the extent to which and the manner in which an activity referred to in subclause (1) may be pursued and in particular— (a) the days and times during which the activity may be pursued;

1514 GOVERNMENT GAZETTE, WA 22 April 2021 (b) that an activity may be pursued on a class of local government property, specified local government property or all local government property; (c) that an activity is to be taken to be prohibited on all local government property other than that specified in the determination; (d) may limit the activity to a class of vehicles, boats, equipment or things, or may extend it to all vehicles, boats, equipment or things; (e) may specify that the activity can be pursued by a class of persons or all persons; and (f) may distinguish between different classes of the activity. 2.8 Activities which may be prohibited on specified local government property (1) A determination may provide that a person is prohibited from pursuing all or any of the following activities on specified local government property— (a) smoking on premises; (b) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device; (c) taking, riding or driving a vehicle or a particular class of vehicle on the property; (d) riding or driving a vehicle of a particular class or any vehicle above a specified speed; (e) taking or using a boat, or a particular class of boat; (f) the playing or practice of— (i) golf, archery, pistol shooting or rifle shooting; or (ii) a similar activity, specified in the determination, involving the use of a projectile which, in the opinion of the local government may cause injury or damage to a person or (g) the playing or practice of any ball game which may cause detriment to the property or any fauna on the property; (h) the traversing of sand dunes or land which in the opinion of the local government has environmental value warranting such protection, either absolutely or except by paths provided for that purpose; and (i) flying of unmanned aerial vehicle. (2) A determination may specify the extent to which and the manner in which a person is prohibited from pursuing an activity referred to in subclause (1) and, in particular— (a) the days and times during which the activity is prohibited; (b) that an activity is prohibited on a class of local government property, specified local government property or all local government property; (c) that an activity is prohibited in respect of a class of vehicles, boats, equipment or things, or all vehicles, boats, equipment or things; (d) that an activity is prohibited in respect of a class of persons or all persons; and (e) may distinguish between different classes of the activity. (3) In this clause— premises means a building, stadium or similar structure which is local government property, but not an open space such as a park or a playing field. 2.9 Signs taken to be determinations (1) Where a sign erected on local government property has been erected under a local law of the local government repealed by this local law, then it is to be taken to be and have effect as a determination on and from the commencement day, except to the extent that the sign is inconsistent with any provision of this local law or any determination made under clause 2.1. (2) Clause 2.5 does not apply to a sign referred to in subclause (1). PART 3—PERMITS 3.1 Application of Part This Part does not apply to a person who uses or occupies local government property under a written agreement with the local government to do so. 3.2 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— (b) be signed by the applicant; related to an application before determining an application for a permit.

22 April 2021 GOVERNMENT GAZETTE, WA 1515 (4) The local government may require an applicant to give local public notice of the application for a permit. (5) The local government may refuse to consider an application for a permit which is not in accordance with subclause (2). 3.3 Decision on application for permit (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 3.4 Conditions which may be imposed on a permit (1) Without limiting the generality of clause 3.3(1)(a), the local government may approve an application for a permit subject to conditions relating to— (a) the payment of a fee; (b) compliance with a standard or a policy of the local government adopted by the local government; (c) the duration and commencement of the permit; (d) the commencement of the permit being contingent on the happening of an event; (e) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (f) the approval of another application for a permit which may be required by the local government under any written law; (g) the area of the district to which the permit applies; (h) where a permit is issued for an activity which will or may cause damage to local government property, the payment of a deposit or bond against such damage; and (i) the obtaining of public risk insurance in an amount and on terms reasonably required by the local government. (2) Without limiting clause 3.3(1)(a) and subclause (1), the following paragraphs indicate the type and content of the conditions on which a permit to hire local government property may be issued— (a) when fees and charges are to be paid; (b) payment of a bond against possible damage or cleaning expenses or both; (c) restrictions on the erection of material or external decorations; (d) rules about the use of furniture, plant and effects; (e) limitations on the number of persons who may attend any function in or on local government (f) the duration of the hire; (g) the right of the local government to cancel a booking during the course of an annual or seasonal booking, if the local government sees fit; (h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first obtained for that purpose under the Liquor Control Act 1988; (i) whether or not the hire is for the exclusive use of the local government property; (j) the obtaining of a policy of insurance in the names of both the local government and the hirer, 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 hire of the local government property by the hirer; and (k) the provision of an indemnity from the hirer, 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 hire of the local government property by the hirer. 3.5 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 3.3(1)(a). (2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by reference to a policy. (3) The local government shall 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 3.3(2). (4) An application for a permit shall be deemed 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 shall be deemed to be information within section 5.94(u)(i) of the Act.

1516 GOVERNMENT GAZETTE, WA 22 April 2021 3.6 Compliance with and variation of conditions (1) Where an application for a permit has been approved subject to conditions, 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. 3.7 Agreement for building Where a person applies for a permit to erect a building on local government property the local government may enter into an agreement with the permit holder in respect of the ownership of the materials in the building. 3.8 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 3.12. 3.9 Renewal of permit (1) A permit holder may apply to the local government in writing prior to expiry of a permit for the renewal of the permit. (2) The provisions of this Part shall apply to an application for the renewal of a permit as though it were an application for a permit. 3.10 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 (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 an endorsement on the permit signed by the CEO. (4) Where the local government approves the transfer of a permit, it is not required to refund any part of any fee paid by the former permit holder. 3.11 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. 3.12 Cancellation of permit (1) Subject to clause 5.1, 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) determination or a 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 CEO; and (b) is to be taken to have forfeited any fees paid in respect of the permit. 3.13 Activities needing a permit (1) A person shall not without a permit— (a) subject to subclause (3), hire local government property; (b) advertise anything by any means on local government property; (c) erect a structure for public amusement or for any performance, whether for gain or otherwise, on local government property; (d) plant any plant or sow any seeds on local government property; (e) carry on any trading on local government property unless the trading is conducted— (i) with the consent of a person who holds a permit to conduct a function, and where the trading is carried on under and in accordance with the permit; or (ii) by a person who has a licence or permit to carry on trading on local government property under any written law; (f) unless an employee of the local government in the course of her or his duties or on an area set aside for that purpose— (i) drive or ride or take any vehicle on to local government property; or (ii) park or stop any vehicle on local government property;

22 April 2021 GOVERNMENT GAZETTE, WA 1517 (g) conduct a function on local government property; (h) charge any person for entry to local government property, unless the charge is for entry to land or a building hired by a voluntary non-profit organisation; (i) light a fire on local government property except in a facility provided for that purpose; (j) parachute, hang glide, abseil or base jump from or on to local government property; (k) erect a building or a refuelling site on local government property; (l) make any excavation on or erect or remove any fence on local government property; (m) erect or install any structure above or below ground, which is local government property, for the purpose of supplying any water, power, sewer, communication, television or similar service to a person; or (n) store, secure or place a boat on the River Foreshore Reserve within the district. (2) The local government may exempt a person from compliance with subclause (1) on the application of that person. (3) The local government may exempt specified local government property or a class of local government property from the application of subclause (1)(a). 3.14 Permit required to camp outside a facility facility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping Grounds Act 1995. (2) This clause does not apply to a facility operated by the local government. (3) A person shall not without a permit— (a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local government property; or (b) erect any tent, camp, hut or similar structure on local government property other than a beach shade or windbreak erected for use during the hours of daylight and which is dismantled during those hours on the same day. (4) The maximum period for which the local government may approve an application for a permit in respect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan Parks and Camping Grounds Regulations 1997. 3.15 Permit required for possession and consumption of liquor (1) A person, on local government property, shall not consume any liquor or have in her or his possession or under her or his control any liquor, unless— (a) that is permitted under the Liquor Control Act 1988; and (b) a permit has been obtained for that purpose. (2) Subclause (1) does not apply where the liquor is in a sealed container. 3.16 Responsibilities of permit holder A holder of a permit shall in respect of local government property to which the permit relates— (a) ensure that an authorised person has unobstructed access to the local government property for the purpose of inspecting the property or enforcing any provision of this local law; (b) leave the local government property in a clean and tidy condition after its use; (c) report any damage or defacement of the local government property to the local government; and (d) prevent the consumption of any liquor on the local government property unless the permit allows it and a licence has been obtained under the Liquor Control Act 1988 for that purpose. PART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY 4.1 Behaviour which interferes with others A person shall not in or on any local government property behave in a manner which— (a) is likely to interfere with the enjoyment of a person who might use the property; or (b) interferes with the enjoyment of a person using the property. 4.2 Behaviour detrimental to property (1) A person shall not behave in or on local government property in a way which is or might be detrimental to the property. (2) In subclause (1)— detrimental to the property includes— (a) removing any thing from the local government property such as a rock, a plant or a seat provided for the use of any person; and (b) destroying, defacing or damaging any thing on the local government property, such as a plant, a seat provided for the use of any person or a building.

1518 GOVERNMENT GAZETTE, WA 22 April 2021 4.3 Taking or injuring any fauna (1) A person shall not, take, injure or kill or attempt to take, injure or kill any fauna which is on or above any local government property, unless that person is authorised under a written law to do so. animal means any living thing that is not a human being or plant; and fauna means any animal indigenous to or which periodically migrates to any State or Territory of the Commonwealth or the territorial waters of the Commonwealth and includes in relation to any such animal— (a) any class of animal or individual member; (b) the eggs or larvae; or (c) the carcass, skin, plumage or fur. 4.4 Intoxicated persons not to enter local government property A person shall not enter or remain on local government property while under the influence of liquor or a prohibited drug. 4.5 No prohibited drugs A person shall not take a prohibited drug on to, or consume or use a prohibited drug on, local government property. 4.6 No smoking A person must not smoke within a 5 metre radius of any entrance, exit or aperture of premises on local government property. 4.7 Signs (1) A local government may erect a sign on local government property specifying any conditions of use which apply to that property. (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— (a) not to be inconsistent with any provision of this local law or any determination; and (b) to be for the purpose of giving notice of the effect of a provision of this local law. PART 5—OBJECTIONS AND APPEALS 5.1 Application of Division 1, Part 9 of the Act When the local government makes a decision as to whether it will— (a) grant a person a permit or consent under this local law; or (b) renew, vary, or cancel a permit or consent that a person has under this local law, the provisions of Division 1 of Part 9 of the Act and regulations 32A and 33 of the Regulations apply to that decision. PART 6—MISCELLANEOUS 6.1 Authorised person to be obeyed A person on local government property shall obey any lawful direction of an authorised person and shall not in any way obstruct or hinder an authorised person in the execution of her or his duties. 6.2 Persons may be directed to leave local government property An authorised person may direct a person to leave local government property where she or he reasonably suspects that the person has contravened a provision of any written law. 6.3 Disposal of lost property An article left on any local government property, and not claimed within a period of 3 months, may be disposed of by the local government in any manner it thinks fit. 6.4 Liability for damage to local government property (1) Where a person unlawfully damages local government property, the local government may by notice in writing to that person require that person within the time required in the notice to, at the option of the local government, pay the costs of— (a) reinstating the property to the state it was in prior to the occurrence of the damage; or (b) replacing that property. (2) Unless there is proof to the contrary, a person is to be taken to have damaged local government property within subclause (1) where a vehicle or a boat caused the damage, the person was the person responsible, at the time the damage occurred, for the control of the vehicle or the boat. (3) On a failure to comply with a notice issued under subclause (1), the local government may recover the costs referred to in the notice as a debt due to it.

22 April 2021 GOVERNMENT GAZETTE, WA 1519 PART 7—ENFORCEMENT 7.1 Offence to fail to comply with notice Whenever the local government gives a notice under this local law requiring a person to do any thing, if a person fails to comply with the notice, that person commits an offence. 7.2 Local government may undertake requirements of notice Where a person fails to comply with a notice referred to in clause 7.1, the local government may do the thing specified in the notice and recover from the person to whom the notice was given, as a debt, the costs incurred in so doing. 7.3 Offences and general penalty 7.4 Prescribed offences (1) An offence against any provision of this local law is a prescribed offence for the purposes of (2) The amount of the modified penalty for a prescribed offence shall be 15 penalty units. (4) If this local law expresses a modified penalty as a number of penalty units, the monetary value of 7.5 Form of notices (1) 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. (2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence against clause 2.4, the notice is to contain a description of the alleged offence. 7.6 Evidence of a determination (1) In any legal proceedings, evidence of a determination may be given by tendering the register referred to in clause 2.5 or a certified copy of an extract from the register. (2) It is to be presumed, unless the contrary is proved, that the determination was properly made and that every requirement for it to be made and have effect has been satisfied. (3) Subclause (2) does not make valid a determination that has not been properly made. ————

22 April 2021 GOVERNMENT GAZETTE, WA 1521 PARKING AND PARKING FACILITIES LOCAL LAW 2021 This local law may be cited as the Shire of Peppermint Grove Parking and Parking Facilities Local Law 2021. This local law comes into operation 14 days after the date of publication in the Government Gazette. 1.3 Repeal The Shire of Peppermint Grove Parking and Parking Facilities Local Law published in the Government Gazette on 28 September 2001 is repealed. 1.4 Interpretation ACROD sticker has the meaning given to it by the Code; 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; authorised vehicle means a vehicle authorised by the local government, CEO, authorised person or by any written law to park on a thoroughfare or parking facility; bicycle has the meaning given to it by the Code; bicycle path has the meaning given to it by the Code; bus has the meaning given to it by the Code; bus embayment has the meaning given to it by the Code; bus stop has the meaning given to it by the Code; bus zone has the meaning given to it by the Code; caravan means a vehicle that is fitted or designed to allow human habitation and which is drawn by another vehicle, or which is capable of self-propulsion; carriageway has the meaning given to it by the Code; centre in relation to a carriageway, means a line or a series of lines, marks or other indications— (a) for a two-way carriageway—placed so as to delineate vehicular traffic travelling in different directions; or (b) in the absence of any such lines, marks or other indications—the middle of the main, travelled portion of the carriageway; children’s crossing has the meaning given to it by the Code; Code means the Road Traffic Code 2000; commercial vehicle— (a) means a motor vehicle constructed for the conveyance of goods or merchandise, or for the conveyance of materials used in any trade, business, industry or work whatsoever, other than a motor vehicle for the conveyance of passengers; and (b) includes any motor vehicle that is designed primarily for the carriage of persons, but which has been fitted or adapted for the conveyance of the goods, merchandise or materials referred to, and is in fact used for that purpose;

1522 GOVERNMENT GAZETTE, WA 22 April 2021 disability parking permit has the meaning given to it by the Local Government (Parking for People with Disabilities) Regulations 2014 regulation 4; driver means any person driving or in control of a vehicle; edge line for a carriageway means a line marked along the carriageway at or near the far left or the far right of the carriageway; emergency vehicle has the meaning given to it by the Code; footpath has the meaning given to it by the Code; GVM (which stands for gross vehicle mass) has the meaning given to it by the Code; loading zone means a parking stall which is set aside for use by commercial vehicles if there is a sign referable to that stall marked ‘loading zone’; mail zone has the meaning given to it by the Code; median strip has the meaning given to it by the Code; motorcycle has the meaning given to it by the Code; motor vehicle means a self-propelled vehicle that is not operated on rails; and the expression includes a trailer, semi-trailer or caravan while attached to a motor vehicle, but does not include a power assisted pedal cycle; no parking area has the meaning given to it by the Code; no parking sign means a sign with the words ‘no parking’ in red letters on a white background, or the letter ‘P’ within a red annulus and a red diagonal line across it on a white background; no stopping area has the meaning given to it by the Code; no stopping sign means a sign with the words ‘no stopping’ or ‘no standing’ in red letters on a white background or the letter ‘S’ within a red annulus and a red diagonal line across it on a white background; occupier has the meaning given to it by the Act; owner— (a) where used in relation to a vehicle licensed under the Road Traffic Act, means the person in whose name the vehicle has been registered under that Road Traffic Act; (b) where used in relation to any other vehicle, means the person who owns, or is entitled to possession of that vehicle; and (c) where used in relation to land, has the meaning given to it by the Act; park has the meaning given to it in the Code; parking area has the meaning given to it by the Code; parking facilities includes land, buildings, shelters, parking stalls and other facilities open to the public generally for the parking of vehicles and signs, notices and facilities used in connection with the parking of vehicles; parking region means the area described in Schedule 1; parking stall means a section or part of a thoroughfare or of a parking station which is marked or defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the purpose of indicating where a vehicle may be parked; parking station means any land, or structure provided for the purpose of accommodating vehicles; pedestrian crossing has the meaning given to it by the Code; public place means any place to which the public has access whether or not that place is on private property; reserve means any land— Road Traffic Act means the Road Traffic Act 1974; Schedule means a Schedule to this local law; shared zone has the meaning given to it by the Code; sign includes a traffic sign, inscription, road marking, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols, and which is placed on or near a thoroughfare or within a parking station or reserve for the purpose of prohibiting, regulating, guiding, directing or restricting the parking of vehicles; special purpose vehicle has the meaning given to it by the Code; stop in relation to a vehicle means to stop a vehicle and permit it to remain stationary, except for the purposes of avoiding conflict with other traffic or of complying with the provisions of any law;

22 April 2021 GOVERNMENT GAZETTE, WA 1523 symbol includes any symbol specified by Australian Standard 1742.11-1999 and any symbol specified from time to time by Standards Australia for use in the regulation of parking and any reference to the wording of any sign in this local law shall be also deemed to include a reference to the corresponding symbol; taxi has the meaning given to it by the Code; taxi zone has the meaning given to it by the Code; thoroughfare has the meaning given to it by the Act; traffic island has the meaning given to it by the Code; trailer means any vehicle without motive power of its own, designed for attachment to a motor vehicle for the purpose of being towed, including a boat trailer, but does not include the rear portion of an articulated vehicle, or a side car; vehicle has the meaning given to it by the Code; and verge means the portion of a thoroughfare which lies between the boundary of a carriageway and the adjacent property line but does not include a footpath. 1.5 Application of Particular Definitions (1) For the purposes of the application of the definitions ‘no parking area’ and ‘parking area’ an arrow inscribed on a traffic sign erected at an angle to the boundary of the carriageway is deemed to be pointing in the direction in which it would point, if the signs were turned at an angle of less than 90 degrees until parallel with the boundary. (2) Unless the context otherwise requires, where a term is used, but not defined, in this local law, and that term is defined in the Road Traffic Act or in the Code, then the term shall have the meaning given to it in that Act or the Code. 1.6 Application and pre-existing signs (1) Subject to subclause (2), this local law applies to the parking region. (2) This local law does not apply to a parking facility or a parking station that is not occupied by the local government, unless the local government and the owner or occupier of that facility or station have agreed in writing that this local law will apply to that facility or station. (3) The agreement referred to in subclause (2) may be made on such terms and conditions as the parties may agree. (4) A sign that— (a) was erected by the local government or the Commissioner of Main Roads prior to the coming into operation of this local law; and (b) relates to the parking of vehicles within the parking region, shall be deemed for the purposes of this local law to have been erected by the local government under the authority of this local law. (5) An inscription or symbol on a sign referred to in subclause (5) operates and has effect according to its tenor, and where the inscription or symbol relates to the stopping of vehicles, it shall be deemed for the purposes of this local law to operate and have effect as if it related to the parking of vehicles. (6) The provisions of Parts 2, 3, and 4 do not apply to a bicycle parked at a bicycle rail or bicycle rack. 1.7 Classes of vehicles For the purpose of this local law, vehicles are divided into classes as follows— (a) buses; (b) commercial vehicles; (c) motorcycles and bicycles; (d) taxis; and (e) all other vehicles. 1.8 Part of thoroughfare to which sign applies Where under this local law the parking of vehicles in a thoroughfare is controlled by a sign, the sign shall be read as applying to that part of the thoroughfare which— (a) lies beyond the sign; (b) lies between the sign and the next sign beyond that sign; and (c) is on that side of the thoroughfare nearest to the sign. 1.9 Powers of the local government The local government may, by resolution, prohibit or regulate by signs or otherwise, the stopping or parking of any vehicle or any class of vehicles in any part of the parking region but must do so consistently with the provisions of this local law. PART 2—PARKING STALLS AND PARKING STATIONS 2.1 Determination of parking stalls and parking stations (1) The local government may by resolution constitute, determine and vary— (a) parking stalls; (b) parking stations;

1524 GOVERNMENT GAZETTE, WA 22 April 2021 (c) permitted time and conditions of parking in parking stalls and parking stations which may vary with the locality; (d) permitted classes of vehicles which may park in parking stalls and parking stations; (e) permitted classes of persons who may park in specified parking stalls or parking stations; and (f) the manner of parking in parking stalls and parking stations. (2) Where the local government makes a determination under subsection (1) it shall erect signs to give effect to the determination. 2.2 Vehicles to be within parking stall on thoroughfare (1) Subject to subclause (2), (3) and (4), a person shall not park a vehicle in a parking stall in a thoroughfare otherwise than— (a) parallel to and as close to the kerb as is practicable; (b) wholly within the stall; and (c) headed in the direction of the movement of traffic on the side of the thoroughfare in which the stall is situated. (2) Subject to subclause (3) where a parking stall in a thoroughfare is set out otherwise than parallel to the kerb, then a person must park a vehicle in that stall wholly within it. (3) If a vehicle is too long or too wide to fit completely within a single parking stall then the person parking the vehicle shall do so within the minimum number of parking stalls needed to park that vehicle. (4) A person shall not park a vehicle partly within and partly outside a parking area. 2.3 Parking prohibitions and restrictions (a) park a vehicle so as to obstruct an entrance to, or an exit from a parking station, or an access way within a parking station; (b) except with the permission of the local government or an authorised person park a vehicle on any part of a parking station contrary to a sign referable to that part; (c) permit a vehicle to park on any part of a parking station, if an authorised person directs the driver of such vehicle to move the vehicle; or (d) park or attempt to park a vehicle in a parking stall in which another vehicle is parked but this paragraph does not prevent the parking of a motorcycle and a bicycle together in a stall marked ‘M/C’, if the bicycle is parked in accordance with subclause (2). (2) No person shall park any bicycle— (a) in a parking stall other than in a stall marked ‘M/C’; and (b) in such stall other than against the kerb. (3) Despite subclause (1)(b), a driver may park a vehicle in a parking stall or station (except in a parking area for persons with a disability) for twice the length of time allowed, provided that— (a) the driver’s vehicle displays an ACROD sticker; and (b) a person with a disability to which that ACROD sticker relates is either the driver of, or a passenger in, the vehicle. PART 3—PARKING GENERALLY 3.1 Restrictions on parking in particular areas (1) Subject to subclause (2), a person shall not park a vehicle in a thoroughfare or part of a thoroughfare, or part of a parking station— (a) if by a sign it is set apart for the parking of vehicles of a different class; (b) if by a sign it is set apart for the parking of vehicles by persons of a different class; or (c) during any period when the parking of vehicles is prohibited by a sign. (2) (a) This subclause applies to a driver if— (i) the driver’s vehicle displays an ACROD sticker; and (ii) a person with a disability to which the ACROD sticker relates is either the driver of the vehicle or a passenger in the vehicle. (b) The driver may park a vehicle in a thoroughfare or a part of a thoroughfare or part of a parking station, except in a thoroughfare or a part of a thoroughfare or part of a parking station to which a disabled parking sign relates for twice the period indicated on the sign. (3) A person shall not park a vehicle— (a) in a no parking area; (b) in a parking area, except in accordance with both the signs associated with the parking area and with this local law; or (c) in a stall marked ‘M/C’ unless it is a motorcycle without a sidecar or a trailer, or it is a bicycle. (4) A person shall not park a motorcycle without a sidecar or a trailer, or a bicycle in a parking stall unless the stall is marked ‘M/C’.

22 April 2021 GOVERNMENT GAZETTE, WA 1525 (5) A person shall not, without the prior permission of the local government, the CEO, or an authorised person, park a vehicle in an area designated by a sign stating ‘Authorised Vehicles Only’. 3.2 Parking vehicle on a carriageway (1) A person parking a vehicle on a carriageway other than in a parking stall shall park it— (a) in the case of a two-way carriageway, so that it is as near as practicable to and parallel with, the left boundary of the carriageway and headed in the direction of the movement of traffic on the side of the thoroughfare on which the vehicle is parked; (b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with either boundary of the carriageway and headed in the direction of the movement of traffic on the side of the thoroughfare on which the vehicle is parked; (c) so that at least 3 metres of the width of the carriageway lies between the vehicle and the farther boundary of the carriageway, or any continuous line or median strip, or between the vehicle and a vehicle parked on the farther side of the carriageway; (d) so that the front and the rear of the vehicle respectively is not less than 1 metre from any other vehicle, except a motorcycle without a trailer, or a bicycle parked in accordance with this local law; and (e) so that it does not obstruct any vehicle on the carriageway, unless otherwise indicated on a parking regulation sign or markings on the roadway. (2) In this clause, ‘continuous dividing line’ means— (a) a single continuous dividing line only; (b) a single continuous dividing line to the left or right of a broken dividing line; or (c) 2 parallel continuous dividing lines. 3.3 When parallel and right-angled parking apply Where a traffic sign associated with a parking area is not inscribed with the words ‘angle parking’ (or with an equivalent symbol depicting this purpose), then unless a sign associated with the parking area indicates, or marks on the carriageway indicate, that vehicles have to park in a different position, where the parking area is– (a) adjacent to the boundary of a carriageway, a person parking a vehicle in the parking area shall park it as near as practicable to and parallel with that boundary; and (b) at or near the centre of the carriageway, a person parking a vehicle in that parking area shall park it at approximately right angles to the centre of the carriageway. 3.4 When angle parking applies (1) This clause does not apply to– (a) a passenger vehicle or a commercial vehicle with a mass including any load, of over 3 tonnes; or (b) a person parking either a motor cycle without a trailer or a bicycle. (2) Where a sign associated with a parking area is inscribed with the words ‘angle parking’ (or with an equivalent symbol depicting this purpose), a person parking a vehicle in the area shall park the vehicle at an angle of approximately 45 degrees to the centre of the carriageway unless otherwise indicated by the inscription on the parking sign or by marks on the carriageway. 3.5 General prohibitions on parking (1) (a) This clause does not apply to a vehicle parked in a parking stall nor to a bicycle in a bicycle rack. (b) Subclauses (2)(c), (e) and (g) do not apply to a vehicle which parks in a bus embayment. (2) Subject to any law relating to intersections with traffic control signals a person shall not park a vehicle so that any portion of the vehicle is— (a) between any other stationary vehicles and the centre of the carriageway; (b) on or adjacent to a median strip; (c) obstructing a right of way, private drive or carriageway or so close as to deny a vehicle reasonable access to or egress from the right of way, private drive or carriageway; (d) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the carriageway, if the vehicle would obstruct traffic; (e) on or within 10 metres of any portion of a carriageway bounded by a traffic island; (f) on any footpath or pedestrian crossing; (g) between the boundaries of a carriageway and any double longitudinal line consisting of two continuous lines or between a double longitudinal line consisting of a continuous line and a broken or dotted line and the boundary of a carriageway nearer to the continuous line, unless there is a distance of at least 3 metres clear between the vehicle and the double longitudinal line; (h) on an intersection, except adjacent to a carriageway boundary that is not broken by an intersecting carriageway; (i) within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug;