Section 1 - Activities on Thoroughfares and Public Places and Trading Local Law 2016 - Activities on Thoroughfares and Public Places and Trading Local Law 2016 | Zoe
SHIRE OF ESPERANCE
———————————
ACTIVITIES IN
THOROUGHFARES AND
PUBLIC PLACES AND
TRADING LOCAL LAW 2016
9 February 2017 GOVERNMENT GAZETTE, WA 1219
LOCAL GOVERNMENT ACT 1995
SHIRE OF ESPERANCE
ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND
TRADING LOCAL LAW 2016
TABLE OF CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Definitions
1.3 Application
1.4 Repeal
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
2.4 Permit required
2.5 Removal of redundant crossing
2.6 Interpretation
2.7 Application
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
2.12 Transitional provision
2.13 Power to carry out public works on verge
2.14 Interpretation
2.15 Assignment of numbers
2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act
2.17 Signs
2.18 Transitional
2.19 No driving on closed thoroughfare
PART 3—ADVERTISING SIGNS ON THOROUGHFARES
3.1 Interpretation
3.2 Advertising signs and portable direction signs
3.3 Matters to be considered in determining application for permit
3.4 Exemption
3.5 Impounding of advertising signs
PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS
4.1 Leaving animal or vehicle in public place or on local government property
4.2 Prohibitions relating to animals
4.3 Impounding of vehicle or animal
4.4 Interpretation
4.5 Shopping trolley to be marked
4.6 Person not to leave trolley in public place
4.7 Retailer to remove abandoned trolley
4.8 Retailer taken to own trolley
4.9 Impounding of abandoned trolley
PART 5—ROADSIDE CONSERVATION
5.1 Interpretation
5.2 Application
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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
5.7 Designation of special environmental areas
5.8 Marking of special environmental areas
5.9 Permit to plant
5.10 Relevant considerations in determining application
5.11 Permit to clear
5.12 Application for permit
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
5.17 Permit for firebreaks on thoroughfares
5.18 When application for permit cannot be approved
5.19 General prohibition on commercial wildflower harvesting
5.20 Permit for revegetation projects
PART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES
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
6.8 Conduct of stallholders and traders
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
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
7.1 Application for permit
7.2 Decision on application for permit
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
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
10.1 Offence to fail to comply with notice
10.2 Local government may undertake requirements of notice
10.3 Offences
10.4 Prescribed offences
10.5 Forms
9 February 2017 GOVERNMENT GAZETTE, WA 1221
LOCAL GOVERNMENT ACT 1995
SHIRE OF ESPERANCE
ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND
TRADING LOCAL LAW 2016
In pursuance of the powers conferred upon it by the Local Government Act 1995 and under all other
powers enabling it, the Council of the Shire of Esperance resolved on 24 January 2017, to make the
following Local Law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Shire of Esperance Activities in Thoroughfares and Public Places
and Trading Local Law 2016.
1.2 Definitions
In this local law unless the context otherwise requires—
“Act” means the Local Government Act 1995;
“applicant” means a person who applies for a permit;
“authorised person” means a person authorised by the local government under section 9.10 of
the Act to perform any of the functions of an authorised person under this local law;
“built-up area” has the meaning given to it in the Road Traffic Code 2000;
“bulk rubbish container” means a bin or container designed or used for holding a substantial
quantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does
not include a bin or container used in connection with the local government’s regular
domestic rubbish collection service;
“carriageway” has the meaning given to it in the Road Traffic Code 2000;
“CEO” means the Chief Executive Officer of the local government;
“commencement day” means the day on which this local law comes into operation;
“Council” means the council of the local government;
“crossing” means a crossing giving access from a public thoroughfare to—
(a) private land; or
(b) a private thoroughfare serving private land;
“district” means the district of the local government;
“garden” means any part of a thoroughfare planted, developed or treated, otherwise than as a
lawn, with one or more plants;
“intersection” has the meaning given to it in the Road Traffic Code 2000;
“kerb” includes the edge of a carriageway;
“lawn” means any part of a thoroughfare which is planted only with grass, or with a similar
plant, but will include any other plant provided that it has been planted by the local
government;
“liquor” has the meaning given to it in section 3 of the Liquor Control Act 1988;
“local government” means the Shire of Esperance;
“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 town planning scheme of the local government made under
the Planning and Development Act 2005;
“local public notice” has the meaning given to it in the Local Government Act 1995;
1222 GOVERNMENT GAZETTE, WA 9 February 2017
“lot” has the meaning given to it in the Planning and Development Act 2005;
“owner” or “occupier” in relation to land does not include the local government;
“path” has the meaning given to it in the Road Traffic Code 2000;
“permissible verge treatment” means any one of the 4 treatments described in clause 2.8(2),
and includes any reticulation pipes and sprinklers;
“permit” means a permit issued under this local law;
“permit holder” means a person who holds a valid permit;
“person” does not include the local government;
“premises” for the purpose of the definition of “public place” in both this clause and clause 6.1,
means a building or similar structure, but does not include a carpark or a similar place;
“public place” includes any thoroughfare or place which the public are allowed to use, whether
or not the thoroughfare or place is on private property, but does not include—
(a) premises on private property from which trading is lawfully conducted under a written
law; and
(b) local government property;
“Regulations” means the Local Government (Functions and General) Regulations 1996;
“Schedule” means a schedule to this Local Law;
“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 the townsite of Esperance, Cascade, Condingup, Gibson, Grass Patch,
Scaddan and Salmon Gums 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—
(c) a wheel-chair or any device designed for use by a physically impaired person on a path;
and
(d) a pram, a stroller or a similar device;
(e) a shopping trolley;
“verge” means that part of a thoroughfare between the carriageway and the land which abuts
the thoroughfare, but does not include any path; and
“written law” has the same meaning given to it by section 5 of the Interpretation Act 1984 and
includes this local law.
1.3 Application
This local law applies throughout the district.
1.4 Repeal
(1) The following local laws are repealed—
(a) The Shire of Esperance Activities on Thoroughfares and Trading in Thoroughfares and Public
Places Local Law 2001 published in the Government Gazette on 9 November 2001; and
(b) The Shire of Esperance Activities on Thoroughfares and Trading in Thoroughfares and Public
Places Amendment Local Law 2009 published in the Government Gazette on 2 October 2009.
(2) Where a policy was made or adopted by the local government under or in relation to a local law
repealed by this local law, then the policy is to be taken to no longer have any effect on and from the
commencement day.
(3) The Council may resolve that notwithstanding subclause (2) specified policies continue, or are to
be taken to have continued, to have effect on and from the commencement day.
PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES
Division 1—General
2.1 General prohibitions
A person shall not—
(a) plant any plant which exceeds or which may exceed 0.75m in height on a thoroughfare so that
the plant is within 6m of an intersection;
9 February 2017 GOVERNMENT GAZETTE, WA 1223
(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 path 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 path;
(e) unless at the direction of the local government, damage, remove or interfere with any
signpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a
thoroughfare by the local government or a person acting under the authority of a written law;
(f) play or participate in any game or sport so as to cause danger to any person or thing or
impede the movement of vehicles or persons on a thoroughfare; or
(g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, skateboard,
rollerblades or similar device.
2.2 Activities allowed with a permit—general
(1) A person shall not, without a permit—
(a) dig or otherwise create a trench through or under a kerb or path;
(b) subject to Division 3 of this Part, throw, place or deposit anything on a verge except for
removal by the local government under a bulk rubbish collection, and then only in accordance
with the terms and conditions and during the period of time advertised in connection with
that collection by the local government;
(c) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare;
(d) cause any obstruction to a water channel or a water course in a thoroughfare;
(e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare;
(f) damage a thoroughfare;
(g) deposit or discharge any material including dust, sand, wastewater, waste, mud, concrete,
paint, oil or chemicals (but excluding water) in or on a thoroughfare whether by hand, vehicle
or otherwise;
(h) light any fire or burn anything on a thoroughfare other than in a stove or fireplace provided
for that purpose or under a permit issued under clause 5.13;
(i) fell any tree onto a thoroughfare;
(j) unless installing, or in order to maintain, a permissible verge treatment—
(i) lay pipes under or provide taps on any verge; or
(ii) place or install anything on any part of a thoroughfare, and without limiting the
generality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks,
bricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust;
(k) 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;
(l) on a public place use anything or do anything so as to create a nuisance;
(m) place or cause to be placed on a thoroughfare a bulk rubbish container; or
(n) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare.
(2) Clause 2.2(1) does not apply to an activity being undertaken by a person who—
(a) is an employee or contractor of the local government and is authorised or engaged to
undertake that activity; or
(b) is otherwise lawfully authorised to undertake that activity.
(c) 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 path, where—
(a) a crossing does not exist; or
1224 GOVERNMENT GAZETTE, WA 9 February 2017
(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, path, verge and any other part of the thoroughfare affected by the
removal are to be reinstated to the satisfaction of the local government.
(2) The local government may give written notice to the owner or occupier of a lot requiring her or him
to—
(a) remove any part of or all of a crossing which does not give access to the lot; and
(b) reinstate the kerb, drain, path, 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
Subdivision 1—Preliminary
2.6 Interpretation
In this Division, unless the context otherwise requires—
“acceptable material” means any material approved by the local government.
2.7 Application
This Division only applies to the 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;
(ii) where there is no path, a pedestrian has safe and clear access of a minimum width of
2m along that part of the verge immediately adjacent to the kerb;
(iii) it does not include a wall or built structure;
(iv) it is not thorny, poisonous or hazardous nature; and
(v) no plant (except grasses or a similar plant) is within 6m of an intersection or within 2m
of a carriageway;
(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.
9 February 2017 GOVERNMENT GAZETTE, WA 1225
2.10 Obligations of owner or occupier
An owner or occupier who installs or maintains a permissible verge treatment, or who installs or
maintains verge treatment under the authority of a permit, 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 path on the verge and a carriageway adjoining
the verge is not obstructed by the verge treatment;
(b) ensure that the verge treatment does not cause a sight distance obstruction to any person
using a path on the verge or a carriageway or crossing adjoining the verge or in proximity to
it;
(c) not place any obstruction on or around the verge treatment; and
(d) not disturb a path on the verge;
(e) ensure that the verge treatment does not damage or obstruct a drain, manhole, gully, pit,
pipe, channel, kerb, public utility service or tree planted by the local government;
(f) ensure that any sprinklers or pipes installed to irrigate a verge treatment—
(i) are not used at such times so as to cause unreasonable inconvenience to pedestrians or
other persons; and
(ii) do not otherwise present a hazard to pedestrians or other persons.
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
(1) In this clause—
“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.
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
Subdivision 1—Preliminary
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.
1226 GOVERNMENT GAZETTE, WA 9 February 2017
Division 6—Signs erected by the local government
2.17 Signs
(1) The 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.
PART 3—ADVERTISING SIGNS ON THOROUGHFARES
Division 1—Preliminary
3.1 Interpretation
In this Part, unless the context otherwise requires—
“advertising sign” means a sign used for the purpose of advertisement or to draw attention to a
product, business, person or event and includes a home open sign and a garage sale sign;
“home open sign” means a portable free standing sign used to direct persons to a home for sale
that is open for inspection by the public;
“garage sale sign” means a portable free standing sign used to direct persons to a garage sale at
a residential premises.
Division 2—Permit
3.2 Advertising signs and portable direction signs
(1) A person shall not, without a permit, erect, place or maintain an advertising sign—
(a) on or above a thoroughfare;
(b) on a path;
(c) over any path where the resulting vertical clearance between the sign and the path is less
than 2.75m;
(d) on or within 1.5m of a carriageway;
(e) in any other location where the sign is likely to obstruct lines of sight along a thoroughfare or
cause danger to any person using the thoroughfare; or
(f) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the
structural approaches to a bridge.
(2) Notwithstanding subclause (1), a permit is not required in respect of a home open sign or a garage
sale sign, provided that—
(a) the signs neither exceeds 500mm in height nor 0.5m 2 in area;
(b) the sign is placed or erected on a thoroughfare no more than half an hour prior to the garage
sale or home open and is removed within half an hour of the close of the garage sale or home
open; and
(c) there is no more than one home open sign or garage sale sign at any road intersection and no
more than six separate signs which delineate no more than 2 alternative routes to the home
open or garage sale.
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;
9 February 2017 GOVERNMENT GAZETTE, WA 1227
(c) other advertising signs already approved or erected in the vicinity of the proposed location of
the sign;
(d) whether or not the sign will create a hazard to persons using a thoroughfare;
(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant; and
(f) any other matter it considers relevant.
3.4 Exemption
(1) The local government may exempt the holder of a valid stallholder’s permit, trader’s permit,
facility permit, or other event authorisation issued by the local government, from all or part of the
prohibitions in clause 3.2 in relation to an advertisement that directly relates to the goods or services
which are the subject of the permit or authorisation.
(2) Signs erected by the local government or an authority empowered to do so under a written law are
exempted from the requirement to obtain a permit.
3.5 Impounding of advertising signs
Any sign which contravenes clause 3.2 may be removed, impounded or disposed of in accordance with
Subdivision 4 of Division 3 of Part 3 of the Act and regulation 29 of the Regulations.
PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS
Division 1—Animals and vehicles
4.1 Leaving animals or vehicles in a 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.
4.3 Impounding of vehicle or animal
Any animal or vehicle left in contravention of clause 4.1 may be removed, impounded or disposed of in
accordance with Subdivision 4 of Division 3 of Part 3 of the Act and regulation 29 of the Regulations.
Division 2—Shopping trolleys
4.4 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.
4.5 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.
4.6 Person not to leave trolley in public place
A person shall not leave a shopping trolley in a public place other than in an area set aside for the
storage of shopping trolleys.
4.7 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.
1228 GOVERNMENT GAZETTE, WA 9 February 2017
(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.
4.8 Retailer taken to own trolley
In the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer
whose name is marked on the trolley.
4.9 Impounding of abandoned trolley
Any shopping trolley that is—
(a) left on a thoroughfare or public place that is not marked in accordance with clause 4.5; or
(b) not removed by a retailer after having been so advised under clause 4.7(1), may be removed,
impounded or disposed of in accordance with Subdivision 4 of Division 3 of Part 3 of the Act
and regulation 29 of the Regulations.
PART 5—ROADSIDE CONSERVATION
Division 1—Preliminary
5.1 Interpretation
In this Part—
“MRWA” means Main Roads Western Australia;
“protected flora” has the meaning given to it in section 6(1) of the Wildlife Conservation
Act 1950;
“rare flora” has the meaning given to it in section 23F of the Wildlife Conservation Act 1950;
“Roadside Conservation Committee” is comprised of members representing relevant agencies
and the community. The Committee reports to the Minister for Environment (who appoints
its members), and is chaired by a nominee from Parks and Wildlife;
“special environmental area” means an area designated as such under clause 5.7.
5.2 Application
This Part does not apply to the town-site.
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 Practise for Road Construction and Road
Maintenance Works’ prepared by the Roadside Conservation Committee.
5.5 Signposting of flora roads
The local government may signpost flora roads with the standard MRWA ‘flora road’ sign.
5.6 Driving only on carriageway of flora roads
(1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the
carriageway.
(2) Subclause (1) does not apply where—
(a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the
carriageway;
(b) there is no carriageway; or
(c) an exemption from the application of subclause (1) has been obtained from the local
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 protected flora or rare 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.
9 February 2017 GOVERNMENT GAZETTE, WA 1229
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.
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.
1230 GOVERNMENT GAZETTE, WA 9 February 2017
5.20 Permit for revegetation projects
(1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a
permit.
(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 license 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
Subdivision 1—Preliminary
6.1 Interpretation
In this Division, unless the context otherwise requires—
“Competition Principles Agreement” means the Competition Principles Agreement executed
by each State and Territory of the Commonwealth and the Commonwealth of Australia on 11
April 1995;
“public place” includes—
(a) any thoroughfare or place which the public are allowed to use whether or not the
thoroughfare or place is on private property; and
(b) local government property,
but does not include premises on private property from which trading is lawfully conducted
under a written law;
“stall” means a movable or temporarily fixed structure, stand or table in, on or from which goods
or services are sold, hired or offered for sale or hire;
“stallholder” means a person in charge of a stall;
“stallholder’s permit” means a permit issued to a stallholder;
“trader” means a person who carries on trading;
“trader’s permit” means a permit issued to a trader; and
“trading” includes—
(a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods
or services in a public place;
(b) displaying goods in any public place for the purpose of—
(i) offering them for sale or hire;
(ii) inviting offers for their sale or hire;
(iii) soliciting orders for them; or
(iv) carrying out any other transaction in relation to them; and
(c) the going from place to place, whether or not public places, and—
(i) offering goods or services for sale or hire; or
(ii) inviting offers or soliciting orders for the sale or the hire of goods or services.
Subdivision 2—Permits
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.
9 February 2017 GOVERNMENT GAZETTE, WA 1231
6.3 Trader’s permit
(1) A person shall not carry on trading unless that person is—
(a) the holder of a valid trader’s permit; or
(b) an assistant specified in a valid trader’s permit.
(2) Every application for a trader’s permit shall—
(a) state the full name and address of the applicant;
(b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading,
as well as their names and addresses if already engaged;
(c) specify the location or locations in which the applicant proposes to trade;
(d) specify the period of time for which the permit is sought, together with the proposed days and
hours of trading;
(e) specify the proposed goods or services which will be traded; and
(f) be accompanied by an accurate plan and description of any proposed structure or vehicle
which may be used by the applicant in trading.
6.4 No permit required to sell newspaper
Notwithstanding any other provision of this local law, a person who sells, or offers for sale, a
newspaper only is not required to obtain a permit.
6.5 Relevant considerations in determining application for permit
(1) In determining an application for a permit for the purposes of this Division, the local government
is to have regard to—
(a) any relevant policies of the local government;
(b) the desirability of the proposed activity;
(c) the location of the proposed activity;
(d) the principles set out in the Competition Principles Agreement; and
(e) such other matters as the local government may consider to be relevant in the circumstances
of the case.
(2) The local government may refuse to approve an application for a permit under this Division on any
one or more of the following grounds—
(a) that the applicant has committed a breach of any provision of this local law or of any written
law relevant to the activity in respect of which the permit is sought;
(b) that the applicant is not a desirable or suitable person to hold a permit; or
(c) that—
(i) the applicant is an 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.
(d) Such other grounds as the local government may consider relevant in the circumstances.
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;
1232 GOVERNMENT GAZETTE, WA 9 February 2017
(l) the acquisition by the stallholder or trader of public risk insurance;
(m) the period for which the permit is valid;
(n) the designation of any place or places where trading is wholly or from time to time prohibited
by the local government; and
(o) any other conditions as the local government may apply.
(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
(1) In this clause—
“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.
(4) Notwithstanding any other provisions of this local law, a requirement to obtain a permit under
this local law does not apply to-
(a) a special event or trading authorised by the local government under written law or
agreement; or
(b) a person trading in a street market authorised by the local government.
Subdivision 3—Conduct of stallholders and traders
6.8 Conduct of stallholders and traders
(1) A stallholder while conducting a stall or a trader while trading shall—
(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary
structure or if there is no stall, vehicle or temporary structure, carry the permit with her or
him while conducting a stall or trading;
(b) not display a permit unless it is a valid permit; and
(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in
accordance with the provisions of the National Measurements Act 1960 (Cth).
(2) A stallholder or trader shall not—
(a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to
obstruct the movement of pedestrians or vehicles;
(b) act in an offensive manner;
(c) use or cause to be used any apparatus or device including any flap or shelf, whereby the
dimensions of a stall, vehicle or structure are increased beyond those specified in the permit;
or
(d) in the case of a trader, carry on trading from a public place, unless there is adequate parking
for customers’ vehicles reasonably close to the place of trading.
Division 2—Street entertainers
Subdivision 1—Preliminary
6.9 Interpretation
In this Division, unless the context otherwise requires—
“perform” includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic
display or entertain, 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;
“permitted time” means the time or times, specified in a permit, during which the permit holder
may perform.
9 February 2017 GOVERNMENT GAZETTE, WA 1233
Subdivision 2—Permits
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
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.
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 food business is a use permitted under the local planning scheme;
(c) users of the Facility will have access to proper and sufficient sanitary and ablutionary
conveniences;
(d) the Facility would—
(i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any
person; or
(ii) impede pedestrian access; and
(e) the tables, chairs and other equipment to be used may obstruct or impede the use of the
public place for the purpose for which it was designed.
6.18 Obligations of permit holder
(1) The permit holder for a Facility shall—
(a) ensure that the Facility is conducted at all times in accordance with the provisions of this
local law;
(b) ensure that the eating area is kept in a clean and tidy condition at all times;
(c) maintain the chairs, tables and other structures in the eating area in a good, clean and
serviceable condition at all times; and
1234 GOVERNMENT GAZETTE, WA 9 February 2017
(d) be solely responsible for all and any costs associated with the removal, alteration, repair,
reinstatement or reconstruction of any part of the public place arising from the conduct of the
Facility.
(2) Whenever, in the opinion of the local government, any work is required to be carried out to a
Facility, the local government may give a notice to the permit holder for the Facility to carry out that
work within the time limited by the notice.
(3) In subclause (2), “work” includes the removal, alteration, repair, reinstatement or reconstruction
of any part of a public place arising from or in connection with the setting up or conduct of a Facility.
6.19 Removal of Facility unlawfully conducted
Where a Facility is conducted without a permit, or in contravention of a condition of a permit, any
tables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded
in accordance with the Act.
6.20 Use of Facility by public
(1) A person shall not occupy a chair or otherwise use the equipment in a Facility the subject of a
permit unless the person uses them for the purpose of consuming food or drinks provided by the
Facility.
(2) A person shall leave a Facility when requested to do so by the permit holder.
6.21 Temporary removal of Facility may be requested
(1) The permit holder for a Facility is to temporarily remove the Facility when requested to do so on
reasonable grounds by an authorised person or a member of the Police Service or an emergency
service.
(2) The permit holder may replace the Facility removed under subclause (1) as soon as the person who
directed her or him to remove it allows it to be replaced.
PART 7—PERMITS
Division 1—Applying for a permit
7.1 Application for permit
(1) Where a person is required to obtain a permit under this local law, that person shall apply for the
permit in accordance with subclause (2).
(2) An application for a permit under this local law shall—
(a) be in the form determined by the local government;
(b) be signed by the applicant;
(c) provide the information required by the form; and
(d) be forwarded to the CEO together with any fee imposed and determined by the local
government under and in accordance with sections 6.16 to 6.19 of the Act.
(3) The local government may require an applicant to provide additional information reasonably
related to an application before determining an application for a permit.
(4) The local government may require an applicant to give local public notice of the application for a
permit.
(5) The local government may refuse to consider an application for a permit which is not in accordance
with subclause (2).
7.2 Decision on application for permit
(1) The local government may—
(a) approve an application for a permit unconditionally or subject to any conditions; or
(b) refuse to approve an application for a permit.
(2) If the local government approves an application for a permit, it is to issue to the applicant a permit
in the form determined by the local government.
(3) If the local government refuses to approve an application for a permit, it is to give written notice of
that refusal to the applicant.
(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which
are to be taken to be imposed on a permit, the clause does not limit the power of the local government
to impose other conditions on the permit under subclause (1)(a).
(5) Where a clause of this local law refers to the grounds on which an application for a permit may be
or is to be refused, the clause does not limit the power of the local government to refuse the
application for a permit on other grounds under subclause (1)(b).
Division 2—Conditions
7.3 Conditions which may be imposed on a permit
The local government may approve an application for a permit subject to conditions relating to—
(a) the payment of a fee;
(b) the duration and commencement of the permit;
(c) the commencement of the permit being contingent on the happening of an event;
9 February 2017 GOVERNMENT GAZETTE, WA 1235
(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;
(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; and
(j) any other matter it considers relevant.
7.4 Imposing conditions under a policy
(1) In this clause—
“policy” means a policy of the local government adopted by the Council containing conditions
subject to which an application for a permit may be approved under clause 7.2(1)(a).
(2) Under clause 7.2(1)(a) the local government may approve an application subject to conditions by
reference to a policy.
(3) The local government is to give a copy of the policy, or the part of the policy which is relevant to
the application for a permit, with the form of permit referred to in clause 7.2(2).
(4) An application for a permit is to be taken not to have been approved subject to the conditions
contained in a policy until the local government gives the permit holder a copy of the policy or the
part of the policy which is relevant to the application.
(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken
to be information within section 5.94(u)(i) of the Act.
7.5 Compliance with and variation of conditions
(1) Where an application for a permit has been approved subject to conditions, or where a permit is to
be taken to be subject to conditions under this local law, the permit holder shall comply with each of
those conditions.
(2) The local government may vary the conditions of a permit, and the permit holder shall comply
with those conditions as varied.
Division 3—General
7.6 Duration of permit
A permit is valid for one year from the date on which it is issued, unless it is—
(a) otherwise stated in this local law or in the permit; or
(b) cancelled under clause 7.10.
7.7 Renewal of permit
(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the
renewal of the permit.
(2) The provisions of—
(a) this Part; and
(b) any other provision of this local law relevant to the permit which is to be renewed,
shall apply to an application for the renewal of a permit.
7.8 Transfer of permit
(1) An application for the transfer of a valid permit is to—
(a) be made in writing;
(b) be signed by the permit holder and the proposed transferee of the permit;
(c) provide such information as the local government may require to enable the application to be
determined; and
(d) be forwarded to the CEO together with any fee imposed and determined by the local
government under and in accordance with sections 6.16 to 6.19 of the Act.
(2) The local government may approve an application for the transfer of a permit, refuse to approve it
or approve it subject to any conditions.
(3) Where the local government approves an application for the transfer of a permit, the transfer may
be effected by—
(a) an endorsement on the permit signed by the CEO; or
(b) issuing to the transferee a permit in the form determined by the local government.
(4) Where the local government approves an application for the transfer of a permit, it is not required
to refund any part of any fee paid by the former permit holder.
1236 GOVERNMENT GAZETTE, WA 9 February 2017
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.
9.4 Notice to remove thing unlawfully placed on thoroughfare
Where anything is placed on a thoroughfare in contravention of this local law, the local government
may by notice in writing to the owner or the occupier of the property which abuts on that portion of
the thoroughfare where the thing has been placed, or such other person who may be responsible for
the thing being so placed, require the relevant person to remove the thing.
PART 10—ENFORCEMENT
Division 1—Notices given under this local law
10.1 Offence to fail to comply with notice
Whenever the local government gives a notice under this local law requiring a person to do anything,
if the person fails to comply with the notice, the person commits an offence.
10.2 Local government may undertake requirements of notice
Where a person fails to comply with a notice referred to in clause 10.1, the local government may do
the thing specified in the notice and recover from that person, as a debt, the costs incurred in so
doing.
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.
9 February 2017 GOVERNMENT GAZETTE, WA 1237
Subdivision 2—Infringement notices and modified penalties
10.4 Prescribed offences
(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of
section 9.16(1) of the Act.
(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause
in Schedule 1.
(3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the
commission of a prescribed offence, an authorised person should be satisfied that—
(a) commission of the prescribed offence is a relatively minor matter; and
(b) only straightforward issues of law and fact are involved in determining whether the
prescribed offence was committed, and the facts in issue are readily ascertainable.
10.5 Forms
Unless otherwise specified, for the purposes of this local law—
(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to
in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;
(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in
Schedule 1 of the Regulations; and
(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of
the Regulations.
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SCHEDULE 1
PRESCRIBED OFFENCES
(Clause 10.4)
Clause Description
Modified
Penalty
$
2.1(a) Plant of 0.75m in height on thoroughfare within 6m 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 path 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
125
2.2(1)(a) Digging a trench through a kerb or path 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 125
2.2(1)(d) Causing obstruction to water channel on thoroughfare without a permit 250
2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a permit 250
2.2(1)(f) Damage a thoroughfare 125
2.2(1)(g) Allow material to be blown, conveyed, deposited in or on a thoroughfares 125
2.2(1)(h) Lighting a fire on a thoroughfare without a permit 350
2.2(1)(i) Felling tree onto thoroughfare without a permit 125
2.2(1)(j) Installing pipes or stone on thoroughfare without a permit 125
2.2(1)(k) Installing a hoist or other thing on a structure or land for use over a
thoroughfare without a permit
350
2.2(1)(l) Creating a nuisance on a thoroughfare without a permit 125
2.2(1)(m) Placing a bulk rubbish container on a thoroughfare without a permit 125
2.2(1)(n) 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 250
2.10 Failure to maintain permissible verge treatment or placement of obstruction
on verge
125
2.11 Failure to comply with notice to rectify default 125
2.17(2) Failure to comply with sign on public place 125
1238 GOVERNMENT GAZETTE, WA 9 February 2017
Clause Description
Modified
Penalty
$
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
125
4.1(1) Animal or vehicle obstructing a public place or local government property 125
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
4.6 Person leaving shopping trolley in public place other than trolley bay 125
4.7(2) Failure to remove shopping trolley upon being advised of location 125
5.6(1) Driving a vehicle on other than the carriageway of a flora road 250
5.9 Planting in thoroughfare without a permit 250
5.11 Failure to obtain permit to clear a thoroughfare 500
5.13 Burning of thoroughfare without a permit 500
5.17 Construction of firebreak on thoroughfare without a permit 500
5.19 Commercial harvesting of native flora on thoroughfare 500
5.20(1) Collecting seed from native flora on thoroughfare without a permit 350
6.2(1) Conducting of stall in public place without a permit 350
6.3(1) Trading without a permit 350
6.8(1)(a) Failure of stallholder or trader to display or carry permit 125
6.8(1)(b) Stallholder or trader not displaying valid permit 125
6.8(1)(c) Stallholder or trader not carrying certified scales when selling goods by
weight
125
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 125
6.20(1) Use of equipment of outdoor eating facility without purchase of food or drink
from facility
60
6.20(2) Failure to leave outdoor eating facility when requested to do so by permit
holder
60
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: 30 January 2017.
The Common Seal of the Shire of Esperance was hereunto affixed by the authority of a resolution of
the Council in the presence of—
V. BROWN, Shire President.
W. M. SCOTT, Chief Executive Officer.
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