ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND TRADING LOCAL LAW 2022

17 March 2022 GOVERNMENT GAZETTE, WA 2215 ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND TRADING LOCAL LAW 2022 1.2 Interpretations 1.5 Commencement

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

Subdivision 2—Permissible verge treatments 2.8 Permissible verge treatments 2.9 Only permissible verge treatments to be installed 2.10 Obligations of owner or occupier 2.11 Notice to owner or occupier Subdivision 3—Existing verge treatments 2.12 Transitional provision Subdivision 4—Public works 2.13 Power to carry out public works on verge Division 4—Property numbers 2.14 Interpretation Subdivision 2—Assignment and marking of numbers 2.15 Assignment of numbers Division 5—Fencing 2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act Division 6—Signs erected by the local government 2.17 Signs 2.18 Transitional

Division 7—Driving on a closed thoroughfare 2.19 No driving on closed thoroughfare

PART 3—ADVERTISING SIGNS ON THOROUGHFARES 3.1 Interpretation

2216 GOVERNMENT GAZETTE, WA 17 March 2022

Division 2—Permit 3.2 Advertising signs and portable direction signs 3.3 Matters to be considered in determining application for permit

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

PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS

Division 1—Animals and vehicles 4.1 Leaving animal or vehicle in public place or on local government property 4.2 Prohibitions relating to animals Division 2—Shopping trolleys 4.3 Interpretation 4.4 Shopping trolley to be marked 4.5 Person not to leave trolley in public place 4.6 Retailer to remove abandoned trolley

PART 5—ROADSIDE CONSERVATION 5.1 Interpretation 5.2 Application Division 2—Flora roads 5.3 Declaration of flora road 5.4 Construction works on flora roads 5.5 Signposting of flora roads 5.6 Driving only on carriageway of flora roads Division 3—Special environmental areas 5.7 Designation of special environmental areas 5.8 Marking of special environmental areas

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

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

Division 6—Fire management 5.13 Permit to burn thoroughfare 5.14 Application for permit 5.15 When application for permit can be approved 5.16 Prohibitions on burning Division 7—Firebreaks 5.17 Permit for firebreaks on thoroughfares 5.18 When application for permit cannot be approved

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

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

17 March 2022 GOVERNMENT GAZETTE, WA 2217 Subdivision 3—Conduct of stallholders and traders 6.8 Conduct of stallholders and traders Division 2—Street entertainers 6.9 Interpretation 6.10 Permit required to perform 6.11 Variation of permitted area and permitted time 6.12 Duration of permit 6.13 Cancellation of permit 6.14 Obligations of permit holder Division 3—Outdoor eating facilities on public places 6.15 Interpretation 6.16 Permit required to conduct Facility 6.17 Matters to be considered in determining application 6.18 Obligations of permit holder 6.19 Removal of Facility unlawfully conducted 6.20 Use of Facility by public 6.21 Temporary removal of Facility may be requested

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

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

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

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

2218 GOVERNMENT GAZETTE, WA 17 March 2022 ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND TRADING LOCAL LAW 2022 Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Dowerin resolved on 15 February 2022 to make the following local law. Shire of Dowerin Activities in Thoroughfares and Public Places and Trading Local Law 2022. 1.2 Interpretations In this local law unless the context otherwise requires— applicant means a person who applies for a permit; authorised person means a person authorised by the local government under section 9.10 of the Act to perform any of the functions of an authorised person under this local law; built-up area has the meaning given to it in the bulk rubbish container means a bin or container designed or used for holding a substantial quantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does not include a bin or container used in connection with the local government’s regular domestic rubbish collection service; carriageway has the meaning given to it in the CEO means the chief executive officer of the local government; commencement day means the day on which this local law comes into operation; Council means the council of the local government; crossing means a crossing giving access from a public thoroughfare to— (a) private land; or (b) a private thoroughfare serving private land; footpath has the meaning given to it in the garden means any part of a thoroughfare planted, developed or treated, otherwise than as a lawn, with one or more plants; intersection has the meaning given to it in the kerb includes the edge of a carriageway; lawn means any part of a thoroughfare which is planted only with grass, or with a similar plant, but will include any other plant provided that it has been planted by the local government; liquor has the meaning given to it in section 3 of the Liquor Control Act 1988; local government means the Shire of Dowerin ; local government property means anything except a thoroughfare— (a) which belongs to the local government; (b) of which the local government is the management body under the Land Administration Act 1997; or (c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act; local planning scheme means a local planning scheme of the local government made under the lot has the meaning given to it in the owner or occupier in relation to land does not include the local government; permissible verge treatment means any one of the 4 treatments described in clause 2.8(2), and includes any reticulation pipes and sprinklers; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; person does not include the local government; premises for the purpose of the definition of public place in both this clause and clause 6.1, means a building or similar structure, but does not include a carpark or a similar place;

17 March 2022 GOVERNMENT GAZETTE, WA 2219 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; townsite means all the townsites within the district which are— (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in clause 37 of Schedule 9.3 of the Act; vehicle includes— (a) every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise; and (b) an animal being ridden or driven, but excludes— (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. This local law applies throughout the district.
2. This local law is subject to any written and law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Commonwealth) section 9(2).
3. The Shire of Dowerin Activities on Thoroughfares and Trading in Thoroughfares and Public Places as published in the Government Gazette on 8 January 2002 is repealed.
4. 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.
5. 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. 1.5 Commencement This local law comes into operation 14 days after the date of its commencement in the Government Gazette. PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES 2.1 General prohibitions A person shall not— (a) plant any plant (except grasses or a similar plant) within 10 metres of an intersection; (b) damage a lawn or a garden or remove any plant or part of a plant from a lawn or a garden unless— (i) the person is the owner or the occupier of the lot abutting that portion of the thoroughfare and the lawn or the garden or the particular plant has not been installed or planted by the local government; or (ii) the person is acting under the authority of a written law; (c) plant any plant (except grass or a similar plant) on a thoroughfare so that it is within 2m of a carriageway; (d) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or otherwise, but not water) which may create a hazard for any person using the footpath; (e) unless at the direction of the local government, damage, remove or interfere with any signpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a thoroughfare by the local government or a person acting under the authority of a written law; (f) play or participate in any game or sport so as to cause danger to any person or thing or impede the movement of vehicles or persons on a thoroughfare; or (g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, skateboard, rollerblades or similar device.

2220 GOVERNMENT GAZETTE, WA 17 March 2022 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 any thing 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 any thing on a thoroughfare other than in a stove or fireplace provided for that purpose or under a permit issued under clause 5.13; (h) fell any tree onto a thoroughfare; (i) unless installing, or in order to maintain, a permissible verge treatment— (i) lay pipes under or provide taps on any verge; or (ii) place or install any thing on any part of a thoroughfare, and without limiting the generality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust; (j) provide, erect, install or use in or on any building, structure or land abutting on a thoroughfare any hoist or other thing for use over the thoroughfare; (k) on a public place use anything or do anything so as to create a nuisance; (l) place or cause to be placed on a thoroughfare a bulk rubbish container; or (m) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare. (2) The local government may exempt a person from compliance with subclause (1) on the application of that person. 2.3 No possession and consumption of liquor on thoroughfare (1) A person shall not consume any liquor or have in her or his possession or under her or his control any liquor on a thoroughfare unless— (a) that is permitted under the Liquor Control Act 1988 or under another written law; or (b) the person is doing so in accordance with a permit. (2) Subclause (1) does not apply where the liquor is in a sealed container. Division 2—Vehicle crossing

Subdivision 1—Temporary crossings 2.4 Permit required (1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the lot, the person responsible for the works shall obtain a permit for the construction of a temporary crossing to protect the existing carriageway, kerb, drains and footpath, where— (a) a crossing does not exist; or (b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely to cause damage to the crossing. (2) The person responsible for the works in subclause (1) is to be taken to be— (a) The person named on the building permit issued under the Building Act 2011, if one has been issued in relation to the works; or (b) the registered proprietor of the lot, if no building permit has been issued under the Building Act 2011 in relation to the works. (3) If the local government approves an application for a permit for the purpose of subclause (1), the permit is taken to be issued on the condition that until such time as the temporary crossing is removed, the permit holder shall keep the temporary crossing in good repair and in such a condition so as not to create any danger or obstruction to persons using the thoroughfare. Subdivision 2—Redundant vehicle crossings 2.5 Removal of redundant crossing (1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be removed and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the removal are to be reinstated to the satisfaction of the local government. (2) The local government may give written notice to the owner or occupier of a lot requiring her or him to— (a) remove any part of or all of a crossing which does not give access to the lot; and

17 March 2022 GOVERNMENT GAZETTE, WA 2221 (b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may be affected by the removal, within the period of time stated in the notice, and the owner or occupier of the lot shall comply with that notice. Division 3—Verge treatments 2.6 Interpretation acceptable material means any material which will create a hard surface or approved by the local government. 2.7 Application This Division only applies to a townsite. Subdivision 2—Permissible verge treatments 2.8 Permissible verge treatments (1) An owner or occupier of land which abuts on a verge may on that part of the verge directly in front of her or his land install a permissible verge treatment. (2) The permissible verge treatments are— (a) the planting and maintenance of a lawn; (b) the planting and maintenance of a garden provided that— (i) clear sight visibility is maintained at all times for a person using the abutting thoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a driveway on land adjacent to the thoroughfare for access to or from the thoroughfare; and (ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of 2m along that part of the verge immediately adjacent to the kerb; (c) the installation of an acceptable material; or (d) the installation over no more than one third of the area of the verge (excluding any vehicle crossing) of an acceptable material in accordance with paragraph (c), and the planting and maintenance of either a lawn or a garden on the balance of the verge in accordance with paragraph (a) or (b). 2.9 Only permissible verge treatments to be installed (1) A person shall not install or maintain a verge treatment which is not a permissible verge treatment. (2) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each to be taken to have installed and maintained that verge treatment for the purposes of this clause and clause 2.10. 2.10 Obligations of owner or occupier An owner or occupier who installs or maintains a permissible verge treatment shall— (a) keep the permissible verge treatment in a good and tidy condition and ensure, where the verge treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining the verge is not obstructed by the verge treatment; (b) not place any obstruction on or around the verge treatment; and (c) not disturb a footpath on the verge. 2.11 Notice to owner or occupier The local government may give a notice in writing to the owner or the occupier of a lot abutting on a verge to make good, within the time specified in the notice, any breach of a provision of this Division.

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

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Subdivision 4—Public works 2.13 Power to carry out public works on verge Where the local government or an authority empowered to do so under a written law disturbs a verge, the local government or the authority— (a) is not liable to compensate any person for that disturbance; (b) may backfill with sand, if necessary, any garden or lawn; and (c) is not liable to replace or restore any— (i) verge treatment and, in particular, any plant or any acceptable material or other hard surface; or (ii) sprinklers, pipes or other reticulation equipment. Division 4—Property numbers 2.14 Interpretation In this Division, unless the context requires otherwise— Number means a number of a lot with or without an alphabetical suffix indicating the address of the lot by reference to a thoroughfare. Subdivision 2—Assignment and marking of numbers 2.15 Assignment of numbers The local government may assign a number to a lot in the district and may assign another Number to the lot instead of that previously assigned. Division 5—Fencing 2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act The following places are specified as a public place for the purpose of item 4(1) of Division 1 of Schedule 3.1 of the Act— (a) a public place, as that term is defined in clause 1.2; and (b) local government property. Division 6—Signs erected by the local government 2.17 Signs (1) A local government may erect a sign on a public place specifying any conditions of use which apply to that place. (2) A person shall comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving notice of the effect of a provision of this local law. 2.18 Transitional Where a sign erected on a public place has been erected under a local law of the local government repealed by this local law, then on and from the commencement day, it is to be taken to be a sign erected under clause 2.17 if— (a) the sign specifies a condition of use relating to the public place which gives notice of the effect of a provision of this local law; and (b) the condition of use specified is not inconsistent with any provision of this local law. Division 7—Driving on a closed thoroughfare 2.19 No driving on closed thoroughfare (1) A person shall not drive or take a vehicle on a closed thoroughfare unless— (a) that is in accordance with any limits or exceptions specified in the order made under section 3.50 of the Act; or (b) the person has first obtained a permit. (2) In this clause— closed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the Act.

17 March 2022 GOVERNMENT GAZETTE, WA 2223 PART 3—ADVERTISING SIGNS ON THOROUGHFARES 3.1 Interpretation In this Part, unless the context otherwise requires— advertising sign means a sign used for the purpose of advertisement and includes an “election sign”; direction sign means a sign which indicates the direction of another place, activity or event, but does not include any such sign erected or affixed by the local government or the Commissioner of Main Roads; election sign means a sign or poster which advertises any aspect of a forthcoming Federal, State or Local Government election; portable direction sign means a portable free standing direction sign; and portable sign means a portable free standing advertising sign. Division 2—Permit 3.2 Advertising signs and portable direction signs (1) A person shall not, without a permit— (a) erect or place an advertising sign on a thoroughfare; or (b) post any bill or paint, place or affix any advertisement on a thoroughfare. (2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign which neither exceeds 500mm in height nor 0.5m2 in area, provided that the sign is placed or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or event during the hours of that activity or event. (3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign— (a) on a footpath; (b) over any footpath where the resulting vertical clearance between the sign and the footpath is less than 2.5m; (c) on or within 3m of a carriageway; (d) in any other location where, in the opinion of the local government, the sign is likely to obstruct lines of sight along a thoroughfare or cause danger to any person using the thoroughfare; or (e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the structural approaches to a bridge. 3.3 Matters to be considered in determining application for permit In determining an application for a permit for the purpose of clause 3.2(1), the local government is to have regard to— (a) any other written law regulating the erection or placement of signs within the district; (b) the dimensions of the sign; (c) other advertising signs already approved or erected in the vicinity of the proposed location of the sign; (d) whether or not the sign will create a hazard to persons using a thoroughfare; and (e) the amount of the public liability insurance cover, if any, to be obtained by the applicant. Division 3—Conditions on permit 3.4 Conditions on portable sign If the local government approves an application for a permit for a portable sign, the application is to be taken to be approved subject to the following conditions— (a) the portable sign shall— (i) not exceed 1m in height; (ii) not exceed an area of 1m2 on any side; (iii) relate only to the business activity described on the permit; (iv) contain letters not less than 200mm in height; (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.

2224 GOVERNMENT GAZETTE, WA 17 March 2022 3.5 Conditions on election sign If the local government approves an application for a permit for the erection or placement of an election sign on a thoroughfare, the application is to be taken to be approved subject to the sign— (a) being erected at least 30m from any intersection; (b) being free standing and not being affixed to any existing sign, post, power or light pole, or similar structure; (c) being placed so as not to obstruct or impede the reasonable use of a thoroughfare, or access to a place by any person; (d) being placed so as not to obstruct or impede the vision of a driver of a vehicle entering or leaving a thoroughfare or crossing; (e) being maintained in good condition; (f) not being erected until the election to which it relates has been officially announced; (g) being removed within 24 hours of the close of polls on voting day; (h) not being placed within 100m of any works on the thoroughfare; (i) being securely installed; (j) not being an illuminated sign; (k) not incorporating reflective or fluorescent materials; and (l) not displaying only part of a message which is to be read with other separate signs in order to obtain the whole message. PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS Division 1—Animals and vehicles 4.1 Leaving animal or vehicle in public place or on local government property (1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on local government property so that it obstructs the use of any part of that public place or local government property, unless that person has first obtained a permit or is authorised to do so under a written law. (2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not exceeding 1 hour. (3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours. 4.2 Prohibitions relating to animals (1) In subclause (2), owner in relation to an animal includes— (a) an owner of it; (b) a person in possession of it; (c) a person who has control of it; and (d) a person who ordinarily occupies the premises where the animal is permitted to stay. (2) An owner of an animal shall not— (a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the thoroughfare as a thoroughfare and unless it is led, ridden or driven; (b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a public place; or (c) train or race the animal on a thoroughfare. (3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare in a built-up area, unless that person does so under a permit or under the authority of a written law. Division 2—Shopping trolleys 4.3 Interpretation In this Division— retailer means a proprietor of a shop in respect of which shopping trolleys are provided for the use of customers of the shop; and shopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person to transport goods. 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.

17 March 2022 GOVERNMENT GAZETTE, WA 2225 4.6 Retailer to remove abandoned trolley (1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of shopping trolleys, the local government may advise (verbally or in writing) a retailer whose name is marked on the trolley of the location of the shopping trolley. (2) A retailer shall remove a shopping trolley within 24 hours of being so advised under subclause (1), unless the retailer— (a) requests the local government to collect and deliver the shopping trolley to the retailer; and (b) pays any fee for that collection and delivery (imposed and determined under and in accordance with sections 6.16 to 6.19 of the Act) within the period specified by the local government. PART 5—ROADSIDE CONSERVATION 5.1 Interpretation In this Part— MRWA means Main Roads Western Australia; roadside conservation committee means the Roadside Conservation Committee reporting to the Minister for Environment; special environmental area means an area designated as such under clause 5.7; specially protected flora has the meaning given to it in section 5 of the Biodiversity Conversation Act 2016; and threatened flora has the meaning given to it in section 5 of the Biodiversity Conservation Act 2016. 5.2 Application This Part does not apply to the townsite. Division 2—Flora roads 5.3 Declaration of flora road The local government may declare a thoroughfare which has, in the opinion of the local government, high quality roadside vegetation to be a flora road. 5.4 Construction works on flora roads Construction and maintenance work carried out by the local government on a flora road is to be in accordance with the Handbook of Environmental Practice for Road Construction and Road Maintenance Works. 5.5 Signposting of flora roads The local government may signpost flora roads with the standard MRWA flora road sign. 5.6 Driving only on carriageway of flora roads (1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the carriageway. (2) Subclause (1) does not apply where— (a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the carriageway; (b) there is no carriageway; or (c) an exemption from the application of subclause (1) has been obtained from the local government. Division 3—Special environmental areas 5.7 Designation of special environmental areas The local government may designate a thoroughfare, or any part of a thoroughfare, as a special environmental area which— (a) has specially protected flora or threatened flora; or (b) in the opinion of the local government, has environmental, aesthetic or cultural significance. 5.8 Marking of special environmental areas The local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare, designated as a special environmental area. Division 4—Planting in thoroughfares 5.9 Permit to plant A person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a permit.

2226 GOVERNMENT GAZETTE, WA 17 March 2022 5.10 Relevant considerations in determining application In determining an application for a permit for the purpose of clause 5.9, the local government is to have regard to— (a) existing vegetation within that part of the thoroughfare in which the planting is to take place; and (b) the diversity of species and the prevalence of the species which are to be planted or sown. Division 5—Clearance of vegetation 5.11 Permit to clear A person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1m of that person’s land without first obtaining a permit and any other approvals which may be required under any written law. 5.12 Application for permit In addition to the requirements of clause 7.1(2), a person making an application for a permit for the purpose of clause 5.11 shall submit a sketch plan clearly showing the boundary of the person’s land and the portions of the thoroughfare joining that person’s land which are to be cleared. Division 6—Fire management 5.13 Permit to burn thoroughfare A person shall not burn part of a thoroughfare without first obtaining a permit or unless acting under the authority of any other written law. 5.14 Application for permit In addition to the requirements of clause 7.1(2), an application for a permit for the purposes of clause 5.13 shall— (a) include a sketch plan showing the portions of a thoroughfare which are proposed to be burned; and (b) advise of the estimated fire intensity and the measures to be taken to protect upper storey vegetation from the burn. 5.15 When application for permit can be approved The local government may approve an application for a permit for the purpose of clause 5.13 only if the burning of the particular part of the thoroughfare will— (a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the use of herbicides, are considered by the local government to be not feasible or more detrimental to native flora and fauna than burning; or (b) in the opinion of the local government, be beneficial for the preservation and conservation of native flora and fauna. 5.16 Prohibitions on burning Notwithstanding anything to the contrary in this local law, an application for a permit for the purpose of clause 5.13 is not to be approved by the local government— (a) for burning between 31 August and 1 May of the following year where the intensity of the burn could damage native flora and fauna; or (b) in any year to any person for any part of a thoroughfare which is on the opposite side of the carriageway to that portion of the thoroughfare for which a permit to burn has been approved in the same year. Division 7—Firebreaks 5.17 Permit for firebreaks on thoroughfares A person shall not construct a firebreak on a thoroughfare without first obtaining a permit. 5.18 When application for permit cannot be approved (1) The local government is not to approve an application for a permit for the purpose of clause 5.17 where the thoroughfare is less than 20m wide. (2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government, desirable for the protection of roadside vegetation. Division 8—Commercial wildflower harvesting on thoroughfares 5.19 General prohibition on commercial wildflower harvesting Subject to clause 5.20, a person shall not commercially harvest native flora on a thoroughfare. 5.20 Permit for revegetation projects (1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a permit.

17 March 2022 GOVERNMENT GAZETTE, WA 2227 (2) The local government may approve an application for a permit under subclause (1) only where— (a) the seed is required for a revegetation project in any part of the district; and (b) the thoroughfare, or the relevant part of it, is not a special environmental area. (3) Unless the local government specifically provides to the contrary on a permit, if the local government approves an application for a permit for the purpose of subclause (1) it is to be taken to be approved subject to the following conditions— (a) the collection of the seed is to be carried out so as not to endanger the long time survival of the native flora on the thoroughfare; and (b) any licence or approval which may be required under any other written law is to be obtained by the applicant. PART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES Division 1—Stallholders and traders 6.1 Interpretation Competition Principles Agreement means the Competition Principles Agreement executed by each State and Territory of the Commonwealth and the Commonwealth of Australia on 11 April 1995; public place includes— (a) any thoroughfare or place which the public are allowed to use whether or not the thoroughfare or place is on private property; and (b) local government property, but does not include premises on private property from which trading is lawfully conducted under a written law. stall means a movable or temporarily fixed structure, stand or table in, on or from which goods or services are sold, hired or offered for sale or hire; stallholder means a person in charge of a stall; stallholder’s permit means a permit issued to a stallholder; trader means a person who carries on trading; trader’s permit means a permit issued to a trader; and trading includes— (a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods or services in a public place; (b) displaying goods in any public place for the purpose of— (i) offering them for sale or hire; (ii) inviting offers for their sale or hire; (iii) soliciting orders for them; or (iv) carrying out any other transaction in relation to them; (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— (iii) 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 (iv) 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; (v) the setting up of a stall or the conducting of a business at a stall under the authority of a stallholder’s permit; (vi) 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; (vii) 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

2228 GOVERNMENT GAZETTE, WA 17 March 2022 (viii) the selling or hiring or the offering for sale or hire of— (i) goods by a person who represents a manufacturer of the goods; or (ii) services by a person who represents a provider of the services, which are only sold directly to consumers and not through a shop. 6.2 Stallholder’s permit (1) A person shall not conduct a stall on a public place unless that person is— (a) the holder of a valid stallholder’s permit; or (b) an assistant specified in a valid stallholder’s permit. (2) Every application for a stallholder’s permit shall— (a) state the full name and address of the applicant; (b) specify the proposed number of assistants to be engaged by the applicant in conducting the stall, as well as their names and addresses if already engaged; (c) specify the proposed location of the stall; (d) specify the period of time for which the permit is sought, together with the proposed days and hours of operation; (e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the stall; and (f) be accompanied by an accurate plan and description of the proposed stall. 6.3 Trader’s permit (1) A person shall not carry on trading unless that person is— (a) the holder of a valid trader’s permit; or (b) an assistant specified in a valid trader’s permit. (2) Every application for a trader’s permit shall— (a) state the full name and address of the applicant; (b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading, as well as their names and addresses if already engaged; (c) specify the location or locations in which the applicant proposes to trade; (d) specify the period of time for which the permit is sought, together with the proposed days and hours of trading; (e) specify the proposed goods or services which will be traded; and (f) be accompanied by an accurate plan and description of any proposed structure or vehicle which may be used by the applicant in trading. 6.4 No permit required to sell newspaper Notwithstanding any other provision of this local law, a person who sells, or offers for sale, a newspaper only is not required to obtain a permit. 6.5 Relevant considerations in determining application for permit (1) In determining an application for a permit for the purposes of this Division, the local government is to have regard to— (a) any relevant policies of the local government; (b) the desirability of the proposed activity; (c) the location of the proposed activity; (d) the principles set out in the Competition Principles Agreement; and (e) such other matters as the local government may consider to be relevant in the circumstances of the case. (2) The local government may refuse to approve an application for a permit under this Division on any one or more of the following grounds— (a) that the applicant has committed a breach of any provision of this local law or of any written law relevant to the activity in respect of which the permit is sought; 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.

17 March 2022 GOVERNMENT GAZETTE, WA 2229 6.6 Conditions of permit (1) If the local government approves an application for a permit under this Division subject to conditions, those conditions may include— (a) the place, the part of the district, or the thoroughfare to which the permit applies; (b) the days and hours during which a permit holder may conduct a stall or trade; (c) the number, type, form and construction, as the case may be, of any stand, table, structure or vehicle which may be used in conducting a stall or in trading; (d) the goods or services in respect of which a permit holder may conduct a stall or trade; (e) the number of persons and the names of persons permitted to conduct a stall or trade; (f) the requirement for personal attendance at the stall or the place of trading by the permit holder and the nomination of assistants, nominees or substitutes for the permit holder; (g) whether and under what terms the permit is transferable; (h) any prohibitions or restrictions concerning the— (i) causing or making of any noise or disturbance which is likely to be a nuisance to persons in the vicinity of the permit holder; (ii) the use of amplifiers, sound equipment and sound instruments; (iii) the use of signs; and (iv) the use of any lighting apparatus or device; (i) the manner in which the permit holder’s name and other details of a valid permit are to be displayed; (j) the care, maintenance and cleansing of the stall or any structure used for trading and the place of the stall or any structure; (k) the vacating of the place of a stall or trading when the stall is not being conducted or trading is not being carried on; (l) the acquisition by the stallholder or trader of public risk insurance; (m) the period for which the permit is valid; and (n) the designation of any place or places where trading is wholly or from time to time prohibited by the local government. (2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply with this local law, the local government may at the request of that permit holder authorise another person to be a nominee of the permit holder for a specified period, and this local law and the conditions of the permit shall apply to the nominee as if he or she was the permit holder. 6.7 Exemptions from requirement to pay fee or to obtain a permit charitable organisation means an institution, association, club, society or body whether incorporated or not, the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature and from which any member does not receive any pecuniary profit except where the member is an employee or the profit is an honorarium; and commercial participant means any person who is involved in operating a stall or in conducting any trading activity for personal gain or profit. (2) The local government may waive any fee required to be paid by an applicant for a stallholder’s permit or a trader’s permit on making an application for or on the issue of a permit, or may return any such fee which has been paid, if the stall is conducted or the trading is carried on— (a) on a portion of a public place adjoining the normal place of business of the applicant; or (b) by a charitable organisation that does not sublet space to, or involve commercial participants in the conduct of a stall or trading, and any assistants that may be specified in the permit are members of that charitable organisation. (3) The local government may exempt a person or a class of persons, whether or not in relation to a specified public place, from the requirements of this Division. Subdivision 3—Conduct of stallholders and traders 6.8 Conduct of stallholders and traders (1) A stallholder while conducting a stall or a trader while trading shall– (a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary structure or if there is no stall, vehicle or temporary structure, carry the permit with her or him while conducting a stall or trading; (b) not display a permit unless it is a valid permit; and (c) when selling goods by weight, carry and use for that purpose, scales tested and certified in accordance with the provisions of the National Measurement Act 1960 (Commonwealth). (2) A stallholder or trader shall not— (a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to obstruct the movement of pedestrians or vehicles;

2230 GOVERNMENT GAZETTE, WA 17 March 2022 (b) act in an offensive manner; (c) use or cause to be used any apparatus or device including any flap or shelf, whereby the dimensions of a stall, vehicle or structure are increased beyond those specified in the permit; or (d) in the case of a trader, carry on trading from a public place, unless there is adequate parking for customers’ vehicles. Division 2—Street entertainers 6.9 Interpretation perform includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic display or entertain, but does not include public speaking; permit means a permit issued for the purpose of clause 6.10; permitted area means the area or areas, specified in a permit, in which the permit holder may perform; and permitted time means the time or times, specified in a permit, during which the permit holder may perform. 6.10 Permit required to perform A person shall not perform in a public place without a permit. 6.11 Variation of permitted area and permitted time (1) The local government may by notice in writing to a permit holder vary— (a) the permitted area; (b) the permitted time; or (c) both the permitted area and the permitted time, shown on a permit. (2) The local government may direct a permit holder to move from one permitted area to another permitted area, if more than one area is specified in a permit. 6.12 Duration of permit A permit is valid for a period of 3 months after the date on which it is issued unless it is sooner cancelled under this local law. 6.13 Cancellation of permit The CEO may cancel a permit if in her or his opinion the volume of sound caused by the permit holder in connection with the performance adversely affects the enjoyment, convenience or comfort of other persons in a public place, or if, in her or his opinion, or in the opinion of an authorised person, the performance otherwise constitutes a nuisance. 6.14 Obligations of permit holder A permit holder shall not in a public place— (a) perform wearing dirty, torn or ragged clothing; (b) act in an offensive manner; or (c) place, install, erect, play or use any musical instrument or any device which emits music, including a loud speaker or an amplifier— (i) other than in the permitted area; and (ii) unless the musical instrument or device is specified in the permit. Division 3—Outdoor eating facilities on public places 6.15 Interpretation In this Division— Facility means an outdoor eating facility or establishment on any part of a public place, but does not include such a facility or establishment on private land; permit holder means the person to whom a permit has been issued for the purpose of clause 6.16; and public place has the meaning given to it in clause 6.1. 6.16 Permit required to conduct Facility A person shall not establish or conduct a Facility without a permit.

17 March 2022 GOVERNMENT GAZETTE, WA 2231 6.17 Matters to be considered in determining application In determining an application for a permit for the purpose of clause 6.16, the local government may consider in addition to any other matter it considers relevant, whether or not— (a) the Facility is conducted in conjunction with and as an extension of a food business which abut on the Facility, and whether the applicant is the person conducting such food business; (b) any abutting food business is registered in accordance with the Food Act 2008 and whether the use of the business is permitted under the town planning scheme; (c) users of the Facility will have access to proper and sufficient sanitary and ablutionary conveniences; (d) the Facility would— (i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any person; or (ii) impede pedestrian access; and (e) the tables, chairs and other equipment to be used may obstruct or impede the use of the public place for the purpose for which it was designed. 6.18 Obligations of permit holder (1) The permit holder for a Facility shall— (a) ensure that the Facility is conducted at all times in accordance with the provisions of this local law; (b) ensure that the eating area is kept in a clean and tidy condition at all times; 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. 6.19 Removal of Facility unlawfully conducted Where a Facility is conducted without a permit, or in contravention of a condition of a permit, any tables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded in accordance with the Act. 6.20 Use of Facility by public (1) A person shall not occupy a chair or otherwise use the equipment in a Facility the subject of a permit unless the person uses them for the purpose of consuming food or drinks provided by the Facility. (2) A person shall leave a Facility when requested to do so by the permit holder. 6.21 Temporary removal of Facility may be requested (1) The permit holder for a Facility is to temporarily remove the Facility when requested to do so on reasonable grounds by an authorised person or a member of the Police Service or an emergency service. (2) The permit holder may replace the Facility removed under subclause (1) as soon as the person who directed her or him to remove it allows it to be replaced. PART 7—PERMITS Division 1—Applying for a permit 7.1 Application for permit (1) Where a person is required to obtain a permit under this local law, that person shall apply for the permit in accordance with subclause (2). (2) An application for a permit under this local law shall— (a) be in the form determined by the local government; (b) be signed by the applicant; (c) provide the information required by the form; and government under and in accordance with sections 6.16 to 6.19 of the Act. (3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for a permit. (4) The local government may require an applicant to give local public notice of the application for a permit. (5) The local government may refuse to consider an application for a permit which is not in accordance with subclause (2).

2232 GOVERNMENT GAZETTE, WA 17 March 2022 7.2 Decision on application for permit (1) The local government may— (a) approve an application for a permit unconditionally or subject to any conditions; or (b) refuse to approve an application for a permit. (2) If the local government approves an application for a permit, it is to issue to the applicant a permit in the form determined by the local government. (3) If the local government refuses to approve an application for a permit, it is to give written notice of that refusal to the applicant. (4) Where a clause of this local law refers to conditions which may be imposed on a permit or which are to be taken to be imposed on a permit, the clause does not limit the power of the local government to impose other conditions on the permit under subclause (1)(a). (5) Where a clause of this local law refers to the grounds on which an application for a permit may be or is to be refused, the clause does not limit the power of the local government to refuse the application for a permit on other grounds under subclause (1)(b). Division 2—Conditions 7.3 Conditions which may be imposed on a permit The local government may approve an application for a permit subject to conditions relating to— (a) the payment of a fee; (b) the duration and commencement of the permit; (c) the commencement of the permit being contingent on the happening of an event; (d) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (e) the approval of another application for a permit which may be required by the local government under any written law; (f) the area of the district to which the permit applies; (g) where a permit is issued for an activity which will or may cause damage to a public place, the payment of a deposit or bond against such damage; (h) the obtaining of public risk insurance in an amount and on terms reasonably required by the local government; and (i) the provision of an indemnity from the permit holder indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the use of the public place by the permit holder. 7.4 Imposing conditions under a policy policy means a policy of the local government adopted by the Council containing conditions subject to which an application for a permit may be approved under clause 7.2(1)(a). (2) Under clause 7.2(1)(a) the local government may approve an application subject to conditions by reference to a policy. (3) The local government is to give a copy of the policy, or the part of the policy which is relevant to the application for a permit, with the form of permit referred to in clause 7.2(2). (4) An application for a permit is to be taken not to have been approved subject to the conditions contained in a policy until the local government gives the permit holder a copy of the policy or the part of the policy which is relevant to the application. (5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken to be information within section 5.94(u)(i) of the Act. 7.5 Compliance with and variation of conditions (1) Where an application for a permit has been approved subject to conditions, or where a permit is to be taken to be subject to conditions under this local law, the permit holder shall comply with each of those conditions. (2) The local government may vary the conditions of a permit, and the permit holder shall comply with those conditions as varied. Division 3—General 7.6 Duration of permit A permit is valid for one year from the date on which it is issued, unless it is— (a) otherwise stated in this local law or in the permit; or (b) cancelled under clause 7.10. 7.7 Renewal of permit (1) A permit holder may apply to the local government in writing prior to expiry of a permit for the renewal of the permit.

17 March 2022 GOVERNMENT GAZETTE, WA 2233 (2) The provisions of— (a) this Part; and (b) any other provision of this local law relevant to the permit which is to be renewed, shall apply to an application for the renewal of a permit with all the necessary changes as required. 7.8 Transfer of permit (1) An application for the transfer of a valid permit is to— (a) be made in writing; (b) be signed by the permit holder and the proposed transferee of the permit; (c) provide such information as the local government may require to enable the application to be determined; and government under and in accordance with sections 6.16 to 6.19 of the Act. (2) The local government may approve an application for the transfer of a permit, refuse to approve it or approve it subject to any conditions. (3) Where the local government approves an application for the transfer of a permit, the transfer may be effected by— (a) an endorsement on the permit signed by the CEO; or (b) issuing to the transferee a permit in the form determined by the local government. (4) Where the local government approves an application for the transfer of a permit, it is not required to refund any part of any fee paid by the former permit holder. 7.9 Production of permit A permit holder is to produce to an authorised person her or his permit immediately upon being required to do so by that authorised person. 7.10 Cancellation of permit (1) Subject to clause 8.1, a permit may be cancelled by the local government if the permit holder has not complied with a— (i) condition of the permit; or (ii) provision of any written law which may relate to the activity regulated by the permit. (2) On the cancellation of a permit the permit holder— (a) shall return the permit as soon as practicable to the local government; and (b) is to be taken to have forfeited any fees paid in respect of the permit. PART 8—OBJECTIONS AND APPEALS 8.1 Application of Part 9 Division 1 of Act When the local government makes a decision— (a) under clause 7.2(1); or (b) as to whether it will renew, vary, or cancel a permit, the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that decision. PART 9—MISCELLANEOUS NOTICES 9.1 Notice to redirect or repair sprinkler Where a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a manner which causes or may cause an inconvenience or obstruction to any person using a thoroughfare, the local government may give a notice to the owner or the occupier of the land abutting on the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of the sprinkler or other watering equipment. 9.2 Hazardous plants (1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the local government may give a notice to the owner or the occupier of the land abutting on the garden to remove, cut, move or otherwise deal with that plant so as to remove the hazard. (2) Subclause (1) does not apply where the plant was planted by the local government. 9.3 Notice to repair damage to thoroughfare Where any portion of a thoroughfare has been damaged, the local government may by notice to the person who caused the damage order the person to repair or replace that portion of the thoroughfare to the satisfaction of the local government.

2234 GOVERNMENT GAZETTE, WA 17 March 2022 9.4 Notice to remove thing unlawfully placed on thoroughfare Where any thing is placed on a thoroughfare in contravention of this local law, the local government may by notice in writing to the owner or the occupier of the property which abuts on that portion of the thoroughfare where the thing has been placed, or such other person who may be responsible for the thing being so placed, require the relevant person to remove the thing. PART 10—ENFORCEMENT Division 1—Notices given under this local law 10.1 Offence to fail to comply with notice Whenever the local government gives a notice under this local law requiring a person to do any thing, if the person fails to comply with the notice, the person commits an offence. 10.2 Local government may undertake requirements of notice Where a person fails to comply with a notice referred to in clause 10.1, the local government may do the thing specified in the notice and recover from that person, as a debt, the costs incurred in so doing. Division 2—Offences and penalties Subdivision 1—General 10.3 Offences (1) Any person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. Subdivision 2—Infringement notices and modified penalties 10.4 Prescribed offences (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 1. 10.5 Forms Unless otherwise specified, for the purposes of this local law— (a) where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations; (b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in

Schedule 1 of the Regulations; and (c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Regulations. PRESCRIBED OFFENCES (Clause 10.4) 2.1(a) Plant of 0.75m in height on thoroughfare within 10m of intersection 125 2.1(b) Damaging lawn or garden 125 2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 125 2.1(d) Placing hazardous substance on footpath 125 2.1(e) Damaging or interfering with signpost or structure on thoroughfare 350 2.1(f) Playing games so as to impede vehicles or persons on thoroughfare 125 2.1(g) Riding of skateboard or similar device on mall or verandah of shopping centre 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 125 2.2(1)(b) Throwing or placing anything on a verge without a permit 125 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a permit

17 March 2022 GOVERNMENT GAZETTE, WA 2235 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a permit 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a permit 250 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350 2.2(1)(h) Felling tree onto thoroughfare without a permit 125 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 125 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over a thoroughfare without a permit 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 125 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a permit 125 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 125 2.3(1) Consumption or possession of liquor on thoroughfare 125 2.4(1) Failure to obtain permit for temporary crossing 250 2.5(2) Failure to comply with notice to remove crossing and reinstate kerb 350 2.9(1) Installation of verge treatment other than permissible verge treatment 2.10 Failure to maintain permissible verge treatment or placement of obstruction on verge 2.11 Failure to comply with notice to rectify a verge treatment 125 2.17(2) Failure to comply with sign on public place 125 2.19(1) Driving or taking a vehicle on a closed thoroughfare 350 3.2(1) Placing advertising sign or affixing any advertisement on a thoroughfare without a permit 3.2(3) Erecting or placing of advertising sign in a prohibited area 125 4.1(1) Animal or vehicle obstructing a public place or local government property 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125 4.2(2)(b) Animal on public place with infectious disease 125 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 125 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 125 4.5 Person leaving shopping trolley in public place other than trolley bay 125 4.6(2) Failure to remove shopping trolley upon being advised of location 125 5.6(1) Driving a vehicle on other than the carriageway of a flora road 250 5.9 Planting in thoroughfare without a permit 250 5.11 Failure to obtain permit to clear a thoroughfare 500 5.13 Burning of thoroughfare without a permit 500 5.17(1) Construction of firebreak on thoroughfare without a permit 500 5.19 Commercial harvesting of native flora on thoroughfare 500 5.20(1) Collecting seed from native flora on thoroughfare without a permit 350 6.2(1) Conducting of stall in public place without a permit 350 6.3(1) Trading without a permit 350 6.8(1)(a) Failure of stallholder or trader to display or carry permit 125 6.8(1)(b) Stallholder or trader not displaying valid permit 125 6.8(1)(c) Stallholder or trader not carrying certified scales when selling goods by weight 6.8(2) Stallholder or trader engaged in prohibited conduct 125 6.10 Performing in a public place without a permit 125 6.11(2) Failure of performer to move onto another area when directed 125 6.14 Failure of performer to comply with obligations 125 6.16 Establishment or conduct of outdoor eating facility without a permit 350 6.18 Failure of permit holder of outdoor eating facility to comply with obligations 6.20(1) Use of equipment of outdoor eating facility without purchase of food or drink from facility 6.20(2) Failure to leave outdoor eating facility when requested to do so by permit holder

2236 GOVERNMENT GAZETTE, WA 17 March 2022 7.5 Failure to comply with a condition of a permit 125 7.9 Failure to produce permit on request of authorised person 125 10.1 Failure to comply with notice given under local law 125 ———— Dated 15th of February 2022.

2238 GOVERNMENT GAZETTE, WA 17 March 2022 CEMETERIES ACT 1986 1.2 Application 1.3 Commencement 1.5 Interpretation PART 2—ADMINISTRATION 2.1 Powers and functions of CEO PART 3—APPLICATION FOR FUNERALS 3.1 Application for burial 3.2 Applications to be accompanied by certificates etc 3.3 Certificate of identification 3.4 Minimum notice required PART 4—FUNERAL DIRECTORS 4.1 Funeral director’s licence expiry 4.2 Single funeral permits 4.3 Application refusal PART 5—FUNERALS 5.1 Requirements for funerals and coffins 5.2 Funeral processions 5.3 Vehicle entry restricted 5.4 Vehicle access and speed limitations 5.5 Offenders may be ordered to leave 5.6 Conduct of funeral by Board Division 2—Placement of ashes 5.7 Disposal of ashes PART 6—BURIALS 6.1 Depth of graves 6.2 Mausoleum, etc PART 7—MEMORIALS AND OTHER WORK 7.1 Application for monumental work 7.2 Placement of monumental work 7.3 Removal of rubbish 7.4 Operation of work 7.5 Removal of sand, soil or loam 7.6 Hours of work 7.7 Unfinished work 7.8 Use of wood 7.9 Plants and trees 7.10 Supervision

17 March 2022 GOVERNMENT GAZETTE, WA 2239 7.11 Australian War Graves 7.12 Placing of glass domes and vases Division 2—Memorial plaque section 7.13 Requirements of a memorial plaque Division 3—Licensing of monumental masons 7.14 Monumental mason’s licence 7.15 Expiry date, non-transferability 7.16 Carrying out monumental work 7.17 Responsibilities of the holder of a monumental mason’s licence 7.18 Cancellation of a monumental mason’s licence PART 8—GENERAL 8.1 Animals 8.2 Damaging and removing of objects 8.3 Withered flowers 8.4 Littering and vandalism 8.5 Advertising 8.6 Obeying signs and directions 8.7 Removal from the cemetery PART 9—OFFENCES AND MODIFIED PENALTY 9.1 General 9.2 Modified penalties SCHEDULE 1—MODIFIED PENALTIES SCHEDULE 2—INFRINGEMENT NOTICE SCHEDULE 3—INFRINGEMENT WITHDRAWAL NOTICE

2240 GOVERNMENT GAZETTE, WA 17 March 2022 CEMETERIES ACT 1986 Cemeteries Act 1986 and the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Dowerin resolved on 15 February 2022 to make the following local law. Shire of Dowerin Cemeteries Local Law 2022. 1.2 Application This local law applies to the Dowerin and Minnivale Cemeteries (Reserves 16736 and 14985) located in the district. 1.3 Commencement The Shire of Dowerin and Minnivale Cemeteries (Reserves 16736 and 14985) By-laws published in the Government Gazette on 9 February 1970 is repealed. 1.5 Interpretation In this local law, unless the context otherwise requires— Cemeteries Act 1986; authorised officer means an employee of the Board authorised by the Board for the purposes of performing any function or exercising any power conferred upon an authorised officer by this local law; Board means the local government; CEO means the chief executive officer, for the time being, of the Board; coffin means a coffin or other receptacle used for the transportation of a dead body to the grave site, or the receptacle used for the burial of a dead body in a grave; crypt has the same meaning as vault; funeral director means a person holding a current funeral director’s licence; mausoleum means a building or construction wholly above or partially above and below ground level, so constructed as to allow the deposition of dead bodies into a compartment in the wall or floor and being sealed from view; memorial includes headstone, plaque, tombstone, monumental work, inscription, kerbing, enclosure and any other fixture or thing commemorating a grave or placement of ashes; monument means a sculpture, statue, plaque, grave boundary marker, fence or cover, approved by the Board, commemorating a grave or placement of ashes; monumental mason’s licence means a licence issued under clause 7.14; monumental work when the term is used as an abstract noun shall include the erection, alteration or removal of or other working upon a monument on a grave; 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; (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; personal representative means— (a) The administrator or executor of an estate of a deceased person; (b) The person who, by law of practice, has the right to apply for administration of the estate of the deceased person; or (c) A person having lawful custody of a dead body;

17 March 2022 GOVERNMENT GAZETTE, WA 2241 set fee refers to fees and charges set by a resolution of the Board and published in the Government Gazette, under section 53 of the Act; single funeral permit means a permit issued by the Board under section 20 or 21 of the Act which entitles the holder to conduct at the cemetery a funeral of a person named in the permit; vault means a below ground lined grave with one or more sealed compartments constructed to specifications approved from time to time by the Board; and vehicle has the same meaning as is given to that word in the Road Traffic (Administration) Act 2008 (as amended from time to time), and includes trail bikes, beach buggies and other recreational vehicles licenced or unlicensed, but excludes a wheelchair being used by a physically impaired person. PART 2—ADMINISTRATION 2.1 Powers and functions of CEO Subject to any directions given by the Board, the CEO shall exercise all the powers and functions of the Board in respect of the cemeteries. PART 3—APPLICATION FOR FUNERALS 3.1 Application for burial (1) A person may apply for approval to bury a dead body in the cemetery in the form determined by the Board from time to time. (2) An application under subclause (1) is to be accompanied by the set fee. 3.2 Applications to be accompanied by certificates etc All applications referred to in clause 3.1 shall be accompanied by either a medical certificate of death or a Coroner’s order of burial, and a certificate issued under clause 3.3, in respect of the body. 3.3 Certificate of identification (1) After a dead body is placed in a coffin and prior to a dead body being removed to the cemetery a person who personally knew the deceased shall identify the dead body and shall complete a certificate of identification in the form determined by the Board from time to time, unless— (a) in the opinion of a funeral director, the dead body is not in a fit state to be viewed; or (b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead body. (2) A funeral director shall complete a certificate in the form determined by the Board from time to time, where— (a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or (b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead body. 3.4 Minimum notice required All bookings to hold a funeral shall be made with the Board at least 72 hours prior to the time proposed for burial on the application, otherwise an extra charge may be made. PART 4—FUNERAL DIRECTORS 4.1 Funeral director’s licence expiry A funeral director’s licence shall expire on 30 June of each year. 4.2 Single funeral permits Every application for a single funeral permit made under section 20 or 21 of the Act shall include coffin specifications and details of the vehicle transporting the dead body to the gravesite. 4.3 Application refusal The Board may refuse an application for a single funeral permit if, in the opinion of the Board, either the coffin specifications or the details of the vehicle transporting the dead body to the gravesite are not structurally sound or are otherwise inadequate or inappropriate, or on any other grounds. PART 5—FUNERALS 5.1 Requirements for funerals and coffins A person shall not bring a dead body into the cemetery unless— (a) the Board has approved an application for the burial of that dead body in accordance with Part 3 of this local law;

2242 GOVERNMENT GAZETTE, WA 17 March 2022 (b) it is enclosed in a coffin which in the opinion of the Board is structurally sound and bears the name of the deceased person indelibly inscribed in legible characters on a plate on the coffin’s lid; and (c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the surname of the deceased person stamped in legible characters, each character being not less than 10 mm in height. 5.2 Funeral processions The time fixed by the Board for any burial shall be the time at which the funeral procession is to arrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to hold the funeral under clause 3.1 shall pay the set fee for being late. 5.3 Vehicle entry restricted (1) Subject to clause 5.3(2), every funeral procession shall enter by the principal entrance, and no vehicle except the hearse, and official mourning coaches, shall be permitted to enter the cemetery, unless prior approval is granted by the CEO or an authorised officer. (2) This clause shall not apply to persons using wheelchairs or motorised wheelchairs. 5.4 Vehicle access and speed limitation (1) A person shall drive a vehicle on a vehicular access way or the constructed roadway or other areas designated for the use of vehicles within the cemetery, unless otherwise authorised by the CEO. (2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 25 km per hour, and shall comply with the signs and directions in the cemetery. 5.5 Offenders may be ordered to leave (1) A person committing an offence under clause 5.4 may be ordered to leave the cemetery by the CEO or an authorised officer. (2) A person who has been ordered to leave the cemetery by the CEO or an authorised officer is to leave immediately in a peaceful manner and not cause a disruption or be a nuisance to the funeral congregation or ceremony or procession. 5.6 Conduct of funeral by Board When conducting a funeral under section 22 of the Act the Board may— (a) require a written request for it to conduct a funeral to be lodged with it; (b) in its absolute discretion, charge any person requesting it to conduct a funeral the set fee for the conduct of that funeral by it; (c) where no fee or a reduced fee has been charged by it for the conduct of the funeral, determine the manner in which the funeral shall be conducted; (d) specify an area in the cemetery where the dead body is to be buried; (e) conduct the funeral notwithstanding the failure of a person to make any application or to obtain any consent required under this local law; (f) do or require anything which it considers is necessary or convenient for the conduct of a funeral by it. Division 2—Placement of ashes 5.7 Disposal of ashes (1) The personal representative of a deceased person whose body has been cremated may apply, in an application under clause 3.1 or otherwise, for permission to dispose of the ashes in the cemetery and upon payment of the set fee, the Board may grant permission for the ashes to be disposed of by one of the following methods— (a) Niche wall (b) Memorial wall (c) Garden of remembrance (d) Ground niche (e) Memorial rose, tree or shrub (f) Family shrub (g) Memorial desk (h) Granite seat (i) Family grave (j) Book of remembrance (k) Scattering to the winds (l) Memorial gardens (m) Other memorials approved by the Board. (2) Subject to subclauses (3) and (4), a person shall not place the ashes of a deceased person in the cemetery.

17 March 2022 GOVERNMENT GAZETTE, WA 2243 (3) An authorised officer may place the ashes of a deceased person in a cemetery in accordance with the Board approval provided— (a) the person requesting the placement of the ashes has the permission of the Board; and (b) the ashes are placed within an area set aside for that purpose by the Board. (4) An authorised officer may place the ashes of a deceased person within a grave in accordance with the Board approval, provided the person requesting the placement of the ashes has the written permission of the Board and the approval of the holder of the right of burial of the grave. PART 6—BURIALS 6.1 Depth of graves (1) A person shall bury a coffin within the cemetery so that the distance between the top of the coffin and the original surface of the ground is not less than 750 mm unless permission to vary the distance or depth of grave is granted by an authorised officer. (2) The permission of the authorised officer will only be granted where, in the opinion of the authorised officer, exceptional circumstances require granting of that permission. 6.2 Mausoleum, etc (1) A person other than the Board shall not construct a brick grave, crypt, vault or mausoleum within the cemetery. (2) A person may request the Board to construct a vault or mausoleum within the cemetery which vault or mausoleum shall at all times remain the property of the Board. (3) An application under subclause (2) shall be in writing and shall be accompanied by payment of the set fee. (4) A person shall not place a dead body in a mausoleum except— (a) in a closed coffin; and (b) in a soundly constructed chamber; and (c) in accordance with subclause (5). (5) The number of burials in a chamber must not exceed the number for which the chamber was designed. PART 7—MEMORIALS AND OTHER WORK 7.1 Application for monumental work A Board may require the written consent of the holder of the right of burial of the grave to accompany an application under section 30 of the Act. 7.2 Placement of monumental work Every memorial shall be placed on proper and substantial foundations. 7.3 Removal of rubbish All refuse, rubbish or surplus material remaining after memorial works are completed under a permit issued under section 30 of the Act shall be immediately removed from the cemetery by the person carrying out the same. 7.4 Operation of work All material required in the erection and completion of any work shall, as far as possible, be prepared before being taken to the cemetery, and all materials required by tradesmen shall be admitted at such entrance as the CEO or an authorised officer shall direct. 7.5 Removal of sand, soil or loam No sand, earth or other material shall be taken from any part of the cemetery for use in the erection of any memorial or work except with the written approval of the Board. 7.6 Hours of work Persons shall not be permitted to carry out memorial or other work on graves within the cemetery other than during the hours of 8.00am and 6.00pm on weekdays, and 8.00am and noon on Saturdays, without the written permission of the Board. 7.7 Unfinished work Should any work by masons or others be not completed before 6.00pm on weekdays and noon on Saturdays, they shall be required to leave the work in a neat and safe condition to the satisfaction of the CEO or an authorised officer. 7.8 Use of wood No wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave, other than as a temporary marker and with the prior approval of the Board.

2244 GOVERNMENT GAZETTE, WA 17 March 2022 7.9 Plants and Trees No trees or shrubs shall be planted on any grave or within the cemetery except such as shall be approved by the CEO. 7.10 Supervision All workers, whether employed by the Board or by any other person, shall at all times whilst within the boundaries of the cemetery be subject to the supervision of the CEO or an authorised officer and shall obey such directions as the CEO or an authorised officer may give. 7.11 Australian War Graves (1) Notwithstanding anything in this local law to the contrary, the Office of Australian War Graves— (a) may place a memorial on a military grave; and (b) is not required to pay the set fee for any memorial that is placed upon a military grave. 7.12 Placing of glass domes and vases (1) A person shall not place glass domes, vases or other grave ornaments— (a) outside the perimeter of a grave in the cemetery as defined in the plans kept and maintained under section 40(2) of the Act; or (b) in an area set aside by the Board as a memorial plaque, or natural earth burials section. Division 2—Memorial plaque section 7.13 Requirements of a memorial plaque (1) All memorial plaques placed in a memorial plaque section of the cemetery shall— (a) be made of admiralty bronze or any other material approved by the Board; and (b) not be less than the dimensions Single—140 mm x 60mm or Double—280mm x 120mm. (2) All memorial plaques made of admiralty bronze shall— (a) not exceed 20 mm in thickness; and (b) be placed upon a base mounting approved by the Board. (3) All memorial plaques made of stone shall— (a) not exceed 50 mm in thickness placed upon a base mounting approved by the Board; or (b) not be less than 100 mm in thickness if it is not to be placed upon a base mounting. Division 3—Licensing of Monumental Masons 7.14 Monumental mason’s licence (1) The Board may upon receipt of an application in writing by any person and upon payment of the set fee issue to the applicant a monumental mason’s licence. (2) A licence issued under subclause (1) authorises the holder to carry out monumental works within the cemetery subject to the provisions of this local law and such conditions as the Board shall specify upon the issue of that licence. 7.15 Expiry date, non-transferability (1) A monumental mason’s licence— (a) shall be valid from the date specified therein until 30 June next following; and (b) is not transferable. 7.16 Carrying out monumental work (1) A person shall not carry out monumental work within the cemetery unless that person— (a) is the holder of a current monumental mason’s licence issued pursuant to clause 7.14; or (b) is an employee of a person who holds such a licence; or (c) is authorised by the Board to do so. 7.17 Responsibilities of the holder of a monumental mason’s licence The holder of a monumental mason’s licence shall be responsible for the compliance by every person purporting to be authorised to carry out monumental works within the cemetery pursuant to that licence with all the requirements and conditions of the licence, this local law, the Act and any other written law which may affect the carrying out of monumental works. 7.18 Cancellation of a monumental mason’s licence (1) The Board may by notice in writing to the holder of a monumental mason’s licence terminate the licence on the grounds that the holder of the licence has committed a breach of the requirements and conditions of the licence, this local law, the Act or any other written law which may affect the carrying out of monumental works. (2) Upon the termination of a monumental mason’s license under this clause no part of any fee paid for the issue of that license is refundable by the Board.

17 March 2022 GOVERNMENT GAZETTE, WA 2245 PART 8—GENERAL 8.1 Animals A person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other than an assistance animal as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth) or with the approval of the CEO or an authorised officer. 8.2 Damaging and removing of objects Subject to clause 8.3, a person shall not damage, remove or pick any tree, plant, shrub or flower in the cemetery or any other object or thing on any grave or memorial or which is the property of the Board without the permission of the Board. 8.3 Withered flowers A person may remove withered flowers from a grave or memorial and these are to be placed in a receptacle provided by the Board for that purpose. 8.4 Littering and vandalism A person shall not— (a) break or cause to be broken any glass, ceramic or other material in or upon the cemetery; (b) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in or upon the cemetery other than in a receptacle provided for that purpose. 8.5 Advertising (1) A person shall not advertise or carry on any trade, business or profession within the cemetery without the prior written approval of the Board. (2) The Board may consider and grant approval subject to such conditions as the Board thinks fit. 8.6 Obeying signs and directions A person shall obey all signs displayed, marked, placed or erected by the Board within the cemetery and any other lawful direction by the CEO or an authorised officer. 8.7 Removal from the cemetery Any person failing to comply with any provisions of this local law or behaving in a manner that in the opinion of the Board, the CEO or an authorised officer is inappropriate in the cemetery may in addition to any penalty provided by this local law be ordered to leave the cemetery by the Board, the CEO or an authorised officer. PART 9—OFFENCES AND MODIFIED PENALTIES 9.1 General A person who commits a breach of any provisions of this local law commits an offence and shall on conviction be liable to a penalty not exceeding $500.00 and if the offence is a continuing one to a further penalty not exceeding $20.00 for every day or part of a day during which the offence has continued. 9.2 Modified penalties (1) The offences specified in Schedule 1 are offences which may be dealt with under Section 63 of the Act. (2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the fourth column of Schedule 1. (3) The prescribed form of the infringement notice referred to in Section 63(1) of the Act is set out in the Schedule 2. (4) The prescribed form of the notice withdrawing an infringement notice referred to in Section 63(3) of the Act is set out in Schedule 3. SCHEDULE 1—MODIFIED PENALTIES [cl. 9.2] Offences and Modified Penalties Item No. Clause Nature of offence Modified penalty 1 5.4(1) Not driving vehicle on vehicular access way or constructed roadways or within designated areas 2 5.4(2) Exceeding speed limit $50.00 3 7.3 Not removing rubbish and surplus materials $50.00 4 7.5 Unauthorised use of sand, earth or other material taken from another part of the cemetery 5 7.7 Leaving uncompleted works in an untidy or unsafe condition $50.00 6 8.1 Unauthorised bringing in of animal into cemetery or permitting animal to remain in cemetery

2246 GOVERNMENT GAZETTE, WA 17 March 2022 Item No. Clause Nature of offence Modified penalty 7 8.2 Damaging and removing of objects $50.00 8 8.4 Littering and vandalism $50.00 9 8.5 Unauthorised advertising and/or trading $50.00 10 8.6 Disobeying sign or lawful direction $50.00 ————

SCHEDULE 2—INFRINGEMENT NOTICE [cl. 9.2(3)] Infringement Notice To:________________________________________________________________________ (Name) (Address) It is alleged that at :hours on________day of____________________20___ at _______________________________________________________________________ you committed the offence indicated below by an (x) in breach of clause ............ of the Cemeteries Local Law 2022.

(Authorised Person) Offence  Not driving vehicle on vehicular access way or designated areas  Exceeding speed limit  Not removing rubbish and surplus materials  Unauthorised use of materials taken from another part of the cemetery  Leaving uncompleted works in an untidy or unsafe condition  Unauthorised animal in cemetery  Damaging and removing of objects  Littering and vandalism  Unauthorised advertising and/or trading  Disobeying sign or lawful direction  Other Offence: ___________________________________$ You may dispose of this matter by payment of the penalty as shown within 21 days of the date of this notice (or the date of the giving of this notice if that is a different date) to the Chief Executive Officer of the Shire of Dowerin at 13 Cottrell Street, Dowerin WA 6461 during business hours. Please make cheques payable to Shire of Dowerin. Payments by mail should be addressed to— The Chief Executive Officer Shire of Dowerin, 13 Cottrell Street DOWERIN WA 6461 If the penalty is not paid within the time specified, then a complaint of the alleged offence may be made and heard and determined by a court. ————

17 March 2022 GOVERNMENT GAZETTE, WA 2247

SCHEDULE 3—INFRINGEMENT WITHDRAWAL NOTICE [cl. 9.2(4)] Withdrawal of Infringement Notice No.________ Date_____//_ To: [1]______________________________________________________________________ Infringement Notice No__________dated____//for the alleged offence of [2] Penalty [3] $__ is withdrawn. (Delete whichever does not apply)

• No further action will be taken.
• It is proposed to institute court proceedings for the alleged offence.

(Authorised Person) [1] Insert name and address of alleged offender. [2] Insert short particulars of offence alleged. [3] Insert amount of penalty prescribed. ———— Dated: 15 February 2022 presence of—

17 March 2022 GOVERNMENT GAZETTE, WA 2249 1.5 Interpretations 1.6 Licence fees and charges PART 2—FENCES Division 1—Sufficient fences 2.1 Sufficient fences Division 2—General 2.2 Fences within front setback areas 2.3 Gates in fences 2.4 Depositing fencing material on public place 2.5 Fences on a Rural Lot 2.6 Maintenance of fences 2.7 Fences across rights-of-way, public access ways or thoroughfares 2.8 General discretion of the local government Division 3—Fencing materials 2.10 Pre-used fencing materials 2.11 Barbed wire fences and spiked or jagged materials 2.12 Electrified and razor wire fences 2.13 Prohibited fencing materials PART 3—APPROVALS 3.1 Application for approval 3.2 Decision on application for approval 3.3 Compliance with approval 3.4 Duration of approval PART 4—MISCELLANEOUS 4.1 False or misleading statement PART 5—NOTICES OF BREACH 5.1 Notices of breach PART 6—OFFENCES 6.1 Offences and penalties 6.2 Modified penalties 6.3 Form of notices PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review OFFENCES AND MODIFIED PENALTIES

2250 GOVERNMENT GAZETTE, WA 17 March 2022 SCHEDULE 2 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT SCHEDULE 3 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT OR AN INDUSTRIAL LOT SCHEDULE 4 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT OR SPECIAL RURAL LOT SCHEDULE 5 LICENCE FOR APPROVED ELECTRIFIED FENCE SCHEDULE 6 LICENCE FOR APPROVED RAZOR WIRE FENCE

17 March 2022 GOVERNMENT GAZETTE, WA 2251 Local Government Act 1995 and all other powers enabling it, the Shire of Dowerin resolved on 15 February 2022 to make the following local law. This local law is the Shire of Dowerin Fencing Local Law 2022. This local law applies throughout the district. The Shire of Dowerin Fencing Local Law 2008 published in the Government Gazette on 30 September 2008 is repealed. 1.5 Interpretations In this local law— 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. authorised person means a person appointed by the local government to perform any of the functions under this local law; barbed wire fence means a wire or strand of wires having small pieces of sharply pointed wire twisted around it at short intervals; boundary fence has the meaning given to it by the Act; Building Code has the meaning given in section 3 of the Building Regulations 2012; Building Surveyor means a Building Surveyor of the local government; CEO means the Chief Executive Officer of the local government; Commercial Lot means a lot zoned as commercial under the local planning scheme; dangerous in relation to any fence means— (a) an electrified fence other than a fence approved by the local government under this local law; (b) a fence containing barbed wire other than a fence erected and maintained in accordance with this local law; (c) a fence containing exposed broken glass, asbestos fibre, razor wire or any other potentially harmful projection or material; or (d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause; dividing fence has the meaning given to it by the Act; electrified fence means a fence carrying or designed to carry an electric charge; 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 front 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;

2252 GOVERNMENT GAZETTE, WA 17 March 2022 Industrial Lot means a lot where an industrial use— licence means an electrified fence licence or a razor wire fence licence; local government property means anything except a thoroughfare— (a) which belongs to the local government; (b) of which the local government is the management body under the Land Administration Act 1997; or (c) which is an “otherwise unvested facility” under section 3.53 of the Act 1995; local planning scheme means a local planning scheme and includes any structure plan adopted or approved by the local government made under the lot has the meaning given to it in the notice of breach means a notice referred to in clause 5.1; occupier has the meaning given to it in the owner has the meaning given to it in the 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— retaining wall means any structure which prevents the movement of soil or retains soil or structures in order to allow ground levels of different elevations to exist adjacent to one another; Rural Lot means a lot where a rural use— Schedule means a Schedule to this local law; Special Rural Lot means a lot where a special rural use— 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 government. 1.6 Licence fees and charges All licence fees and charges applicable under this local law shall be determined by the local government from time to time in accordance with section 6.16 to 6.19 of the Local Government Act 1995. PART 2—FENCES Division 1—Sufficient fences 2.1 Sufficient fences (1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient fence. (2) Subject to subclauses (3) and (4), a sufficient fence— (a) on a Residential Lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 2; (b) on a Commercial Lot or an Industrial Lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 3; and (c) on a Rural Lot or a Special Rural Lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 4. (3) Where a fence is erected on or near the boundary between— (a) a Residential Lot and an Industrial Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 2; (b) 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 3; (c) a Residential Lot and a Rural Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 4; (d) a Residential Lot and a Special Rural Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 4; and (e) a Special Rural Lot and a Rural Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 4.

17 March 2022 GOVERNMENT GAZETTE, WA 2253 (4) An application must be made to the local government for grant of consent to any variation to the specifications in Schedules 2, 3 and 4. (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 2. (6) Notwithstanding any other provision in this local law, a dividing fence or boundary fence constructed of masonry, stone or concrete shall be a sufficient fence only if it is designed by a suitably qualified structural engineer and constructed in accordance with that design where— (a) it is greater than 1800 millimetres in height; or (b) the Building Surveyor requires. (7) Notwithstanding any other provision in this local law, a dividing fence or boundary fence shall not exceed 1800 millimetres in height unless the approval of the local government has been obtained for such a fence. Division 2—General 2.2 Fences within front setback areas (1) A person shall not, without the written consent of the Building Surveyor, erect a free-standing fence greater than 1200 millimetres in height, within the front set-back area of a Residential Lot within the district. (2) The Building Surveyor may approve the erection of a fence of a height greater than 1200 millimetres in the front setback area of a Residential Lot only 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 millimetres along the frontage to a distance of not less than 1500 millimetres from the frontage in order to provide appropriate splayed lines of vision for a motorist using the driveway for access to a thoroughfare. (3) The provision of subclause (2) 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 A person shall not erect a gate in a fence which does not— (a) open into the lot; or (b) open by sliding parallel and on the inside of the fence, which it forms part of, when closed. 2.4 Depositing fencing material on public place A person shall not deposit or permit the deposit of any materials whatsoever used in the construction or maintenance of any fence, on any thoroughfare, public place or local government property unless the approval of the local government has been obtained. 2.5 Fences on a Rural Lot A person shall not, without the written consent of the Building Surveyor, erect a fence on a Rural Lot of a height exceeding 1500 millimetres. 2.6 Maintenance of fences An owner of a lot on which a fence is erected shall maintain the fence in good condition so as to prevent it from becoming dangerous, dilapidated, or unsightly to the amenity of the locality. 2.7 Fences 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. 2.8 General discretion of the local government (1) Notwithstanding the provisions of clause 2.1, the local government may approve the erection or repair of a dividing fence which is not a sufficient fence where all of the owners of the lots to be separated by the dividing fence make an application for approval for that purpose. (2) In determining whether to grant its approval under subclause (1), the local government may consider whether the erection or retention of the fence would have an adverse effect on— (a) the safe or convenient use of any land; (b) the safety or convenience of any person; or (c) the visual amenity of the locality. Division 3—Fencing materials 2.9 Fencing design certification Where required by the Building Surveyor, fencing designs are to be 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.

2254 GOVERNMENT GAZETTE, WA 17 March 2022 2.10 Pre-used fencing materials (1) Notwithstanding clause 2.1, a person shall not construct a fence on a Residential Lot, a Commercial Lot or an Industrial Lot from pre-used materials without the approval of the local government. (2) Where the local government approves the use of pre-used materials in the construction of a fence under subclause (1), that approval shall be conditional on the applicant painting or treating the pre- used material as directed by the Building Surveyor. 2.11 Barbed wire fences and spiked or jagged materials (1) This clause does not apply to a fence constructed wholly or partly of razor wire. (2) An owner or occupier of a Residential Lot or a Commercial Lot shall not erect, affix or allow to remain on any fence on such a lot any barbed wire or other material with spiked or jagged projections, unless the prior written approval of the local government has been obtained. (3) An owner or occupier of an Industrial Lot shall not erect, affix or allow to remain on any fence bounding that lot any barbed wire or other materials with spiked or jagged projections unless the wire or other materials are carried on posts at an angle of 45 degrees, and unless the bottom row of wire or other materials is setback 150mm from the face of the fence and is not nearer than 2000mm from the ground level. (4) If the posts which carry the barbed wire or other materials referred to in subclause (3) are angled towards the outside of the lot bounded by the fence, the face of the fence must be set back from the lot boundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not encroach on adjoining land. (5) An owner or occupier of a lot shall not erect, affix or allow to remain as part of any fence or wall, whether internal or external on that lot, any broken glass. (6) An owner or occupier of a Rural Lot shall not erect, affix or allow to remain any barbed wire upon a fence on that lot where the fence is adjacent to a thoroughfare or other public place unless the barbed wire is fixed to the top or to the side of the fence posts furthest from the thoroughfare or other public place. 2.12 Electrified and razor wire fences (1) An owner or occupier of a lot shall not— (a) construct or use an electrified fence on that lot without obtaining the approval of the local government in the form prescribed in Schedule 5; or (b) construct a fence wholly or partly of razor wire on that lot without obtaining the approval of the local government in the form prescribed in Schedule 6. (2) The local government shall not approve an application for the purpose of subclause (1)(a)— (a) in respect of a lot which is or which abuts a Residential Lot; (b) unless the prohibited fence complies with AS/NZS 3016:2002 Electrical installations—Electric security fences; and (c) unless provision is made so as to enable the fence to be rendered inoperable during the hours of business operations, if any, on the lot where it is erected. (3) The local government shall not approve an application for the purpose of subclause (1)(b)— (a) if the fence is within 3000 millimetres of the boundary of the lot; or (b) where any razor wire used in the construction of the fence is less than 2000 millimetres or more than 2400 millimetres above the ground level. (4) An application for approval for the purpose of subclauses (1)(a) or (1)(b) shall be made by the owner of the lot on which the fence is or is to be erected, or by the occupier of the lot with the written consent of the owner. 2.13 Prohibited fencing materials A person shall not affix or use broken glass in the construction of any fence. PART 3—APPROVALS 3.1 Application for approval (1) Where a person is required to obtain the approval of the local government under this local law, that person shall apply for approval in accordance with subclause (2). (2) An application for approval under this local law shall— (a) be in the form determined by the local government; (b) be signed by the applicant and the owner of the lot; (c) provide the information required by the form; and government under and in accordance with sections 6.16 to 6.19 of the Act 1995. (3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for approval. (4) The local government may refuse to consider an application for approval which is not in accordance with subclauses (2) and (3).

17 March 2022 GOVERNMENT GAZETTE, WA 2255 3.2 Decision on application for approval (1) The local government may— (a) approve an application for approval unconditionally or subject to any conditions; or (b) refuse to approve an application for approval. (2) If the local government approves an application for approval, it is to issue to the applicant an approval in the form determined by the local government. (3) If the local government refuses to approve an application for approval, it is to give written notice of that refusal to the applicant. (4) Where a clause of this local law refers to conditions which may be imposed on an approval or which are to be taken to be imposed on an approval, the clause does not limit the power of the local government to impose other conditions on the approval under subclause (1)(a). 3.3 Compliance with approval Where an application for approval has been approved, the applicant and the owner 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. 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 breach, and may recover the expenses of so doing from the owner of the lot in a court of competent jurisdiction. (4) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of the Local Government Act 1995 and any entry on to land will be in accordance with Part 3, Division 3 of that Act. PART 6—OFFENCES 6.1 Offences and penalties (1) A person who fails to comply with a notice of breach commits an offence and is liable upon conviction to a penalty of not less than $250 and not exceeding $5000 and, if the offence is a continuing offence, to a maximum daily penalty of $500. (2) A person who fails to comply with or who contravenes any provision of this local law commits an offence and is liable on conviction to a penalty of not less than $250 and not exceeding $5000 and, if the offence is a continuing offence, to a maximum daily penalty of $500. 6.2 Modified penalties (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 appearing in the final column of Schedule 1, directly opposite a prescribed offence in that Schedule, is the modified penalty for that prescribed offence. (3) Before giving an infringement notice to a person in respect of the commission of a prescribed offence, an authorised person should be satisfied that— (a) commission of the prescribed offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable.

2256 GOVERNMENT GAZETTE, WA 17 March 2022 6.3 Form of notices For the purposes of this local law— (a) the form of the infringement notice referred to in sections 9.16 and 9.17 of the Local Government Act 1995 is to be in the form of Form 2 of Schedule 1 of the (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 (Functions and General) Regulations 1996. PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review When the local government makes a decision under clause 3.2, the provisions of Part 9 Division 1 of the Local Government Act 1995, and regulation 33 of the Local Government (Functions and General) Regulations 1996, apply to that decision. OFFENCES AND MODIFIED PENALTIES [clause 6.2(2)] Item No Clause No. Nature of offence Modified penalties $ 1 2.1(1) Erect a fence which is not a sufficient fence 250 2 2.2 Erect a fence greater than 1 200mm in height within a front setback area of a residential lot without the written consent of the Building Surveyor 3 2.3(a) Erect a gate in a fence not opening into the lot 200 4 2.3(b) Erect a gate in a fence not sliding parallel and inside a fence 5 2.6 Failure to maintain a fence in good condition to prevent the fence becoming dangerous, dilapidated or unsightly 6 2.7 Erect or maintain a fence or obstruction of temporary or permanent nature across a right- of way, public access way or thoroughfare without approval 7 2.10(1) Construct a fence on a Residential, Commercial or Industrial Lot from pre-used materials without written approval 8 2.11(2) Erect a fence using barbed wire or material with spiked or jagged projections in the fence construction without approval 9 2.12(1) Construct, erect or use razor wire in a fence or electrify a fence without approval 10 2.13 Affix, or use, any broken glass in a fence 250 11 3.3 Failure to comply with terms or conditions of approval 12 6.1 Failure to comply with notice of breach 250 ———— SCHEDULE 2 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;

17 March 2022 GOVERNMENT GAZETTE, WA 2257 (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 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. ————

2258 GOVERNMENT GAZETTE, WA 17 March 2022 SCHEDULE 3 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT OR AN INDUSTRIAL 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 or an Industrial 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 (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 2; (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 2. ————

SCHEDULE 4 SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT OR SPECIAL RURAL LOT [clause 2.1(2)(c)] Each of the identified categories in this Schedule, with minimum and maximum specifications where stated is a sufficient fence on a Rural Lot or a Special Rural 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. Non-electrified fence (a) wire shall be high tensile wire and not less than 2.5mm. A minimum of 5 wires shall be used, generally with the lower wires spaced closer together than the higher wires so as to prevent smaller stock passing through, and connected to posts in all cases. (b) posts shall be of indigenous timber or other suitable material including— (i) timber impregnated with a termite and fungicidal preservative; (ii) standard iron star pickets; or (iii) concrete; (c) posts shall be cut not less than 1800mm long x 50mm diameter at small end if round or 125mm x 60mm if split or sawn timber. (d) posts to be set minimum 600mm in the ground and 1 200mm above the ground; and (e) strainer posts shall be not less than 2250mm long and 150mm diameter at the small end (tubular steel to be 50mm in diameter) and shall be cut from indigenous timber or other suitable material. These shall be placed a minimum of 1000mm in the ground.

17 March 2022 GOVERNMENT GAZETTE, WA 2259 Electrified fence An electrified fence having 4 wires is a sufficient fence if constructed generally in accordance with a non-electrified fence. ————

SCHEDULE 5 LICENCE FOR APPROVED ELECTRIFIED FENCE [clause 2.11(1)(a)] This is to certify that (1)_______________________________________________________________________________ of (2) is licensed , subject to the conditions set out below, to have and use an electrified fence on (address) from __________________20 _________ and until this licence is transferred or cancelled. Conditions of Licence— The holder of the licence must— (a) display the licence in a prominent position on the land or premises on which the electrified fence has been erected; (b) upon the request of a Building Surveyor produce to him or her the licence; (c) within 14 days of a change in the ownership or occupation of the land or premises in respect of which the licence has been granted, notify the Chief Executive Officer in writing of the details of that change or those changes; (d) obtain the written consent of the local government prior to the commencement of any alteration, addition or other work relating to or affecting the electrified fence; and (e) comply with AS/NZS 3016:2002 Electrical installations—Electric security fences. Transfer by Endorsement This licence is transferred to (3)

of (4) from and including the date of this endorsement.

(1) Name (2) Address (3) Name (4) Address ————

2260 GOVERNMENT GAZETTE, WA 17 March 2022

SCHEDULE 6 LICENCE FOR APPROVED RAZOR WIRE FENCE [clause 2.11(1)(b)] This is to certify that (1)

of (2) is licensed , subject to the conditions set out below, to have a fence constructed wholly or partially of razor wire at (address) From_______________ 20__ and until this licence is transferred or cancelled. [insert name of local government] Conditions of licence— (a) display the licence in a prominent position on the land or premises on which the fence has been erected; (b) upon the request of a Building Surveyor produce to him or her the licence; (c) within 14 days of a change in the ownership or occupation of the land or premises in respect of which the licence has been granted, notify the Chief Executive Officer in writing of the details of that change or those changes; and (d) obtain the written consent of the local government prior to the commencement of any alteration, addition or other work relating to or affecting the fence. Transfer by Endorsement This licence is transferred to (3) ______________________________________________________________ of (4) __________________________________________________________________________________ from and including the date of this endorsement.

(1) Name (2) Address (3) Name (4) Address ———— Dated 15th of February 2022.

2262 GOVERNMENT GAZETTE, WA 17 March 2022 1.4 Interpretation 1.5 Repeal PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES 2.1 Establishment of committees 2.2 Types of committees 2.3 Delegation of some powers and duties to certain committees 2.4 Limits on delegation of powers and duties to certain committees 2.5 Appointment of committee members 2.6 Tenure of committee membership 2.7 Resignation of committee members 2.8 Register of delegations to committees 2.9 Committees to report PART 3—CALLING AND CONVENING MEETINGS 3.1 Ordinary and special council meetings 3.2 Calling council meetings 3.3 Convening council meetings 3.4 Calling committee meetings 3.5 Public notice of meetings PART 4—PRESIDING MEMBER AND QUORUM 4.1 Who presides 4.2 When the deputy president can act 4.3 Who acts if no president 4.4 Election of presiding member of a committee 4.5 Election of deputy presiding member of a committee 4.6 Functions of deputy presiding member 4.7 Who acts if no presiding member 4.8 Quorum for meetings 4.9 Reduction of quorum for council meetings 4.10 Reduction of quorum for committee meetings 4.11 Procedure where no quorum to begin a meeting 4.12 Procedure where quorum not present during a meeting 4.13 Names to be recorded PART 5—BUSINESS OF A MEETING 5.1 Business to be specified 5.2 Order of business 5.3 Motions of which previous notice has been given 5.4 New business of an urgent nature 5.5 Adoption by exception resolution

17 March 2022 GOVERNMENT GAZETTE, WA 2263 PART 6—PUBLIC PARTICIPATION 6.1 Meetings generally open to the public 6.2 Meetings not open to the public 6.3 Question time for the public 6.4 Question time for the public at certain meetings 6.5 Minimum question time for the public 6.6 Procedures for question time for the public 6.7 Other procedures for question time for the public 6.8 Distinguished visitors 6.9 Deputations 6.10 Petitions 6.11 Presentations 6.12 Participation at committee meetings 6.13 Council may meet to hear public submissions 6.14 Public inspection of agenda materials 6.15 Confidentiality of information withheld 6.16 Recording of proceedings 6.17 Prevention of disturbance PART 7— QUESTIONS BY MEMBERS 7.1 With due notice 7.2 Without due notice PART 8—CONDUCT OF MEMBERS 8.1 Members to be in their proper places 8.2 Respect to the presiding member 8.3 Titles to be used 8.4 Advice of entry or departure 8.5 Members to indicate their intention to speak 8.6 Priority of speaking 8.7 Presiding member may take part in debates 8.8 Relevance 8.9 Speaking twice 8.10 Duration of speeches 8.11 No speaking after conclusion of debate 8.12 No interruption 8.13 Personal explanations 8.14 No reopening of discussion 8.15 Adverse reflection 8.16 Withdrawal of offensive language PART 9—PRESERVING ORDER 9.1 Presiding member to preserve order 9.2 Point of order 9.3 Procedures on a point of order 9.4 Calling attention to breach 9.5 Ruling by the presiding member 9.6 Continued breach of order 9.7 Right of presiding member to adjourn PART 10—DEBATE OF SUBSTANTIVE MOTIONS 10.1 Motions to be stated 10.2 Motions to be supported 10.3 Unopposed business 10.4 Only one substantive motion at a time 10.5 Order of call in debate 10.6 Member may require motion to be read 10.7 Consent of seconder required for alteration

2264 GOVERNMENT GAZETTE, WA 17 March 2022 10.8 Order of amendments 10.9 Form of an amendment 10.10 Amendment must not negate original motion 10.11 Relevance of amendments 10.12 Mover of motion may speak on amendment 10.13 Effect of an amendment 10.14 Withdrawal of motion or amendment 10.15 Right of reply

PART 11—PROCEDURAL MOTIONS AND MOTIONS CONCERNING BEHAVIOUR UNDER THE CODE OF CONDUCT 11.1 Permissible procedural motions 11.2 No debate 11.3 Who may move 11.4 Procedural motions—right of reply on substantive motion 11.5 Meeting to proceed to the next business 11.6 Debate to be adjourned 11.7 Meeting now adjourn 11.8 Motion to be put 11.9 Member to be no longer heard 11.10 Ruling of the presiding member to be disagreed with

PART 12—DISCLOSURE OF INTERESTS 12.1 Disclosure of interests

PART 13—VOTING 13.1 Motion—when put 13.2 Voting 13.3 Majorities required for decisions 13.4 Method of taking vote

PART 14—MINUTES OF MEETINGS 14.1 Keeping of minutes 14.2 Content of minutes 14.3 Public inspection of unconfirmed minutes 14.4 Confirmation of minutes

PART 15—ADJOURNMENT OF MEETING 15.1 Meeting may be adjourned 15.2 Effect of adjournment

PART 16—REVOKING OR CHANGING DECISIONS 16.1 Requirements to revoke or change decisions 16.2 Limitations on powers to revoke or change decisions 16.3 Implementing a decision

PART 17—SUSPENSION OF LOCAL LAW 17.1 Suspension of local law 17.2 Where local laws do not apply 17.3 Cases not provided for in local laws

PART 18—MEETINGS OF ELECTORS 18.1 Electors’ general meetings 18.2 Matters for discussion at electors’ general meetings 18.3 Electors’ special meetings 18.4 Requests for electors’ special meetings 18.5 Convening electors’ meetings 18.6 Who presides at electors’ meetings

17 March 2022 GOVERNMENT GAZETTE, WA 2265 18.7 Procedure for electors’ meetings 18.8 Participation of non-electors 18.9 Voting at electors’ meetings 18.10 Minutes of electors’ meetings 18.11 Decisions made at electors’ meetings

PART 19—ENFORCEMENT 19.1 Penalty for breach 19.2 Who can prosecute

PART 20—COMMON SEAL 20.1 Local government common seal

2266 GOVERNMENT GAZETTE, WA 17 March 2022 Local Government Act 1995 and under all other relevant powers, the Council of the Shire of Dowerin resolved on 15 February 2022 to make the following local law. Shire of Dowerin Meetings Procedures Local Law 2022. All meetings are to be conducted in accordance with the Act, the Regulations and this local law. 1.4 Interpretation (1) In this local law unless the context otherwise requires— absolute majority has the meaning given to it in the Act; CEO means the chief executive officer of the local government; committee means a committee of the council established under section 5.8 of the Act; committee meeting means a meeting of a committee; council means the council of the local government; district means the district of the local government ; meeting means a meeting of the council or a committee, as the context requires; member has the meaning given to it in the Act; president means the president of the local government or other presiding member at a council meeting under section 5.6 of the Act; presiding member means— (a) in respect of the council, the person presiding under section 5.6 of the Act; and (b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the Act; Regulations means the Local Government (Administration) Regulations 1996; simple majority means more than 50% of the members present and voting; and substantive motion means an original motion or an original motion as amended, but does not include an amendment or a procedural motion. (2) Unless otherwise defined in this local law, the terms and expressions used in this local law is to have the meaning given to them in the Act and Regulations. 1.5 Repeal The Shire of Dowerin Standing Orders Local Law 2001 published in the Government Gazette on

8 January 2002 is repealed. PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES 2.1 Establishment of committees (1) The establishment of committees is dealt with in the Act. (2) A council resolution to establish a committee under section 5.8 of the Act is to include— (a) the terms of reference of the committee; (b) the number of council members, employees and other persons to be appointed to the committee; (c) the names or titles of the council members and employees to be appointed to the committee; (d) the names of other persons to be appointed to the committee or an explanation of the procedure to be followed to determine the appointments; and (e) details of the delegation of any powers or duties to the committee under section 5.16 of the Act. (3) This local law is to apply to the conduct of committee meetings.

17 March 2022 GOVERNMENT GAZETTE, WA 2267 2.2 Types of committees The types of committees are dealt with in the Act. 2.3 Delegation of some powers and duties to certain committees The delegation of some powers and duties to certain committees is dealt with in the Act. 2.4 Limits on delegation of powers and duties to certain committees The limits on the delegation of powers and duties to certain committees are dealt with in the Act. 2.5 Appointment of committee members The appointment of committee members is dealt with in the Act. 2.6 Tenure of committee membership Tenure of committee membership is dealt with in the Act. 2.7 Resignation of committee members The resignation of committee members is dealt with in the Regulations. 2.8 Register of delegations to committees The register of delegations to committees is dealt with in the Act. 2.9 Committees to report A committee— (a) is answerable to the council; and (b) is to report on its activities when, and to the extent, required by the council. PART 3—CALLING AND CONVENING MEETINGS 3.1 Ordinary and special council meetings (1) Ordinary and special council meetings are dealt with in the Act. (2) An ordinary meeting of the council, held on a monthly basis or otherwise as determined by the council, is for the purpose of considering and dealing with the ordinary business of the council. (3) A special meeting of the council is held for the purpose of considering and dealing with council business that is urgent, complex in nature, for a particular purpose or confidential. 3.2 Calling council meetings The calling of council meetings is dealt with in the Act. 3.3 Convening council meetings (1) The convening of a council meeting is dealt with in the Act. (2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the purposes of section 5.5, in convening a special meeting of the council. (3) Where, in the opinion of the president or at least one-third of the members, there is a need to meet urgently, the CEO may give a lesser period of notice of a special council meeting. 3.4 Calling committee meetings The CEO is to call a meeting of any committee when requested by the president, the presiding member of a committee or any two members of that committee. 3.5 Public notice of meetings Public notice of meetings is dealt with in the Regulations. PART 4—PRESIDING MEMBER AND QUORUM 4.1 Who presides Who presides at a council meeting is dealt with in the Act. 4.2 When the deputy president can act When the deputy president can act is dealt with in the Act. 4.3 Who acts if no president Who acts if there is no president is dealt with in the Act. 4.4 Election of presiding member of a committee The election of a presiding member of a committee is dealt with in the Act. 4.5 Election of deputy presiding member of a committee The election of deputy presiding member of a committee is dealt with in the Act. 4.6 Functions of deputy presiding member The functions of deputy presiding member are dealt with in the Act.

2268 GOVERNMENT GAZETTE, WA 17 March 2022 4.7 Who acts if no presiding member Who acts if no presiding member is dealt with in the Act. 4.8 Quorum for meetings The quorum for meetings is dealt with in the Act. 4.9 Reduction of quorum for council meetings The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in the Act. 4.10 Reduction of quorum for committee meetings The reduction of a quorum for committee meetings is dealt with in the Act. 4.11 Procedure where no quorum to begin a meeting The procedure where there is no quorum to begin a meeting is dealt with in the Regulations. 4.12 Procedure where quorum not present during a meeting If at any time during a meeting a quorum is not present, the presiding member is— (a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and (b) if a quorum is not present at the expiry of that period, the presiding member is to adjourn the meeting to some future time or date. 4.13 Names to be recorded At any meeting— (a) at which there is not a quorum present; or (b) which is adjourned for want of a quorum, the names of the members then present are to be recorded in the minutes. PART 5—BUSINESS OF A MEETING 5.1 Business to be specified (1) No business is to be transacted at any ordinary meeting of the council other than that specified in the agenda, without the approval of the presiding member or the council. (2) No business is to be transacted at a special meeting of the council other than that given in the notice as the purpose of the meeting. (3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the council other than that— (a) specified in the notice of the meeting which had been adjourned; and (b) which remains unresolved. (4) Where a meeting is adjourned to the next ordinary meeting of the council then, unless the council resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before considering employee reports (Clause 5.2(1), Item 10) at that ordinary meeting. 5.2 Order of business (1) Unless otherwise decided by the council the order of business at any ordinary meeting of the council is to be as follows—

1. Official Opening/Obituaries
2. Record of Attendance/Apologies/Leave of Absence
3. Public Question Time
4. Disclosure of Interest
5. Applications for Leave of Absence
6. Petitions and Presentations
7. Confirmation of Minutes of the Previous Meetings
8. Minutes of Committee Meetings to be Received
9. Recommendations from Committee Meetings for Council Consideration
10. Announcements without Discussion
11. Reports—Corporate and Community Services
12. Reports—Governance and Compliance
13. Reports—Works and Assets
14. Urgent Business Approved by the Person Presiding or by Decision
15. Elected Members’ Motions
16. Matters Behind Closed Doors
17. Closure (2) Unless otherwise decided by the council, the order of business at any special meeting of the council is to be the order in which that business stands in the agenda of the meeting.

17 March 2022 GOVERNMENT GAZETTE, WA 2269 (3) In determining the order of business for any meeting of the council, the provisions of the Act and Regulations relating to the time at which public question time is to be held are to be observed. 5.3 Motions of which previous notice has been given (1) Unless the Act, Regulations or this local laws otherwise provides, a member may raise at a meeting such business as he or she considers appropriate, in the form of a motion, of which notice has been given in writing to the CEO and which has been included on the agenda. (2) A notice of motion under subclause (1) is to be given at least 7 working days before the meeting at which the motion is moved. (3) A notice of motion is to relate to the good governance of the district. (4) The CEO— (a) with the concurrence of the president or presiding member, may exclude from the notice paper any notice of motion deemed to be, or likely to involve, a breach of these meeting procedures or any other written law; (b) will inform members on each occasion that a notice has been excluded and the reasons for that exclusion; (c) may, after consultation with the member where this is practicable, make such amendments to the form but not the substance as will bring the notice of motion into due form; and (d) may provide to the council relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law. (5) A motion of which notice has been given is to lapse unless— (a) the member who gave notice of it, or some other member authorised by the originating member in writing, moves the motion when called on; or (b) the council on a motion agrees to defer consideration of the motion to a later stage or date. (6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms or to the same effect is not to be given again for at least 3 months from the date of such lapse. 5.4 New business of an urgent nature (1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the presiding member that is carried by the meeting, be raised without notice and decided by the meeting. (2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters that have arisen after the preparation of the agenda that are considered by the presiding member to be of such importance and urgency that they are unable to be dealt with administratively by the local government and must be considered and dealt with by the council before the next meeting. 5.5 Adoption by exception resolution (1) In this clause ‘adoption by exception resolution’ means a resolution of the council that has the effect of adopting, for a number of specifically identified reports, the employee recommendation as the council resolution. (2) Subject to subclause (3), the local government may pass an adoption by exception resolution. (3) An adoption by exception resolution may not be used for a matter— (a) that requires an absolute majority; (b) in which an interest has been disclosed; (c) that has been the subject of a petition or deputation; (d) that is a matter on which a member wishes to make a statement; or (e) that is a matter on which a member wishes to move a motion that is different to the recommendation. PART 6—PUBLIC PARTICIPATION 6.1 Meetings generally open to the public Meetings being generally open to the public is dealt with in the Act. 6.2 Meetings not open to the public (1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members of the public. (2) The council or a committee, in one or more of the circumstances dealt with in the Act, may at any time, by resolution, decide to close a meeting or part of a meeting. (3) If a resolution under subclause (2) is carried— (a) the presiding member is to direct everyone to leave the meeting except— (i) the members; (ii) the CEO; and (iii) any employee or person specified by the presiding member; and (b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the closure of the meeting to the public, the council or the committee, by resolution, decides otherwise.