Extractive Industries Local Law 2020

5 March 2021 GOVERNMENT GAZETTE, WA 865 ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND TRADING LOCAL LAW 2020 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 not 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

866 GOVERNMENT GAZETTE, WA 5 March 2021 Division 5—Fencing 2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act Division 6—Signs erected by the local government 2.17 Signs 2.18 Transitional Division 7—Driving on a closed thoroughfare 2.19 No driving on closed thoroughfare PART 3—ADVERTISING SIGNS ON THOROUGHFARES 3.1 Interpretation Division 2—Permit 3.2 Advertising signs and portable direction signs 3.3 Matters to be considered in determining application for permit

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

PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS

Division 1—Animals and vehicles 4.1 Leaving animal or vehicle in public place or on local government property 4.2 Prohibitions relating to animals

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

PART 5—ROADSIDE CONSERVATION 5.1 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

5 March 2021 GOVERNMENT GAZETTE, WA 867

Division 7—Firebreaks 5.17 Permit for firebreaks on thoroughfares 5.18 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 Subdivision 2—Permits 6.2 Stallholder’s permit 6.3 Trader’s permit 6.4 Relevant considerations in determining application for permit 6.5 Conditions of permit 6.6 Exemptions from requirement to pay fee or to obtain a permit

Subdivision 3—Conduct of stallholders and traders 6.7 Conduct of stallholders and traders Division 2—Outdoor eating facilities on public places 6.8 Interpretation 6.9 Permit required to conduct Facility 6.10 Matters to be considered in determining application 6.11 Obligations of permit holder 6.12 Removal of Facility unlawfully conducted 6.13 Use of Facility by public 6.14 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 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

868 GOVERNMENT GAZETTE, WA 5 March 2021 10.3 Offences 10.4 Prescribed offences 10.5 Forms

SCHEDULE 1

5 March 2021 GOVERNMENT GAZETTE, WA 869 ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND TRADING LOCAL LAW 2020 it, the Council of the Shire of Broomehill-Tambellup resolved on 11 February 2021 to make the following local law. This local law may be cited as the Shire of Broomehill-Tambellup Activities in Thoroughfares and Public Places and Trading Local Law 2020. 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; commencement day means the day on which this local law comes into operation; crossing means a crossing giving access from a public thoroughfare to— (a) private land; or (b) a private thoroughfare serving private land; food business has the meaning given by the Food Act 2008; footpath has the meaning given to it in the Road Traffic Code 2000; garden means any part of a thoroughfare planted, developed or treated, otherwise than as a lawn, with one or more plants; intersection has the meaning given to it in the Road Traffic Code 2000; kerb includes the edge of a carriageway; lawn means any part of a thoroughfare which is planted only with grass, or with a similar plant, but will include any other plant provided that it has been planted by the local government; liquor has the meaning given to it in section 3 of the Liquor Control Act 1988; (c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act;

870 GOVERNMENT GAZETTE, WA 5 March 2021 lot has the meaning given to it in the Planning and Development Act 2005; owner or occupier in relation to land does not include the local government; permissible verge treatment means any one of the 4 treatments described in clause 2.8(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; 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 the 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; town planning scheme means a town planning scheme of the local government made under the Planning and Development Act 2005; townsite means the townsites of Broomehill and Tambellup 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 footpath; and (d) a pram, a stroller or a similar device; and (e) shopping trolleys verge means that part of a thoroughfare between the carriageway and the land which abuts the thoroughfare, but does not include any footpath; water channel means an artificial or constructed waterway designed to convey water; water course means a river, creek or other natural watercourse (whether modified or not) in which water is contained or flows (whether permanently or from time to time); and includes— (a) a dam or reservoir that collects water flowing in a watercourse; (b) a lake or wetland through which water flows; (c) a channel into which the water of a watercourse has been diverted; (d) part of a watercourse; and (e) an estuary through which water flows. (1) This local law repeals the Shire of Broomehill-Tambellup Activities in Thoroughfares and Public Places and Trading Local Law 2008 as published in the Government Gazette on 23 December 2008. (2) Where a policy was made or adopted by the local government under or in relation to a local law repealed by this local law, then the policy is to be taken to no longer have any effect on and from the commencement day. (3) The Council may resolve that notwithstanding subclause (2) specified policies continue, or are to be taken to have continued, to have effect on and from the commencement day. 1.5 Commencement

5 March 2021 GOVERNMENT GAZETTE, WA 871 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. 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 not 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 not be required to 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.

872 GOVERNMENT GAZETTE, WA 5 March 2021 (2) The person responsible for the works in subclause (1) is to be taken to be the registered proprietor of the lot. (3) The registered proprietor of the lot 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 until such time that the temporary crossing is removed. Subdivision 2—Redundant vehicle crossings 2.5 Removal of redundant crossing (1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be removed and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the removal are to be reinstated to the satisfaction of the local government. (2) The local government may give written notice to the owner or occupier of a lot requiring her or him to— (a) remove any part of or all of a crossing which does not give access to the lot; and (b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may be affected by the removal, within the period of time stated in the notice, and the owner or occupier of the lot shall comply with that notice. Division 3—Verge treatments 2.6 Interpretation acceptable material means any material which will create a hard service or is approved by the 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; 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 being all forms of loose aggregate materials such as pebbles, stones, crushed brick and gravel are acceptable. The materials shall be no larger than 50mm and no smaller than 20mm in diameter. The material must be contained within the verge area at all times; 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.

5 March 2021 GOVERNMENT GAZETTE, WA 873 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.

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.

874 GOVERNMENT GAZETTE, WA 5 March 2021 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. closed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the Act.

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

5 March 2021 GOVERNMENT GAZETTE, WA 875 (iv) contain letters not less than 200mm in height; (v) not be erected in any position other than immediately adjacent to the building or the business to which the sign relates; (vi) be removed each day at the close of the business to which it relates and not be erected again until the business next opens for trading; (vii) be secured in position in accordance with any requirements of the local government; (viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access to a place by any person; and (ix) be maintained in good condition; and (b) no more than one portable sign shall be erected in relation to the one building or business. 3.5 Conditions on election sign If the local government approves an application for a permit for the erection or placement of an election sign on a thoroughfare, the application is to be taken to be approved subject to the sign— (a) being erected at least 30m from any intersection; (b) being free standing and not being affixed to any existing sign, post, power or light pole, or similar structure; (c) being placed so as not to obstruct or impede the reasonable use of a thoroughfare, or access to a place by any person; (d) being placed so as not to obstruct or impede the vision of a driver of a vehicle entering or leaving a thoroughfare or crossing; (e) being maintained in good condition; (f) not being erected until the election to which it relates has been officially announced; (g) being removed within 24 hours of the close of polls on voting day; (h) not being placed within 100m of any works on the thoroughfare; (i) being securely installed; (j) not being an illuminated sign; (k) not incorporating reflective or fluorescent materials; and (l) not displaying only part of a message which is to be read with other separate signs in order to obtain the whole message. PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS Division 1—Animals and vehicles 4.1 Leaving animal or vehicle in public place or on local government property (1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on local government property so that it obstructs the use of any part of that public place or local government property, unless that person has first obtained a permit or is authorised to do so under a written law. (2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not exceeding 1 hour. (3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours. 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.

876 GOVERNMENT GAZETTE, WA 5 March 2021 4.4 Shopping trolley to be marked A retailer shall clearly mark its name or its trading name on any shopping trolley made available for the use of customers. 4.5 Person not to leave trolley in public place A person shall not leave a shopping trolley in a public place other than in an area set aside for the storage of shopping trolleys. 4.6 Retailer to remove abandoned trolley (1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of shopping trolleys, the local government may advise (verbally or in writing) a retailer whose name is marked on the trolley of the location of the shopping trolley. (2) A retailer shall remove a shopping trolley within 24 hours of being so advised under subclause (1), unless the retailer— (a) requests the local government to collect and deliver the shopping trolley to the retailer; and (b) pays any fee for that collection and delivery (imposed and determined under and in accordance with sections 6.16 to 6.19 of the Act) within the period specified by the local 4.7 Retailer taken to own trolley In the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer whose name is marked on the trolley. PART 5—ROADSIDE CONSERVATION 5.1 Interpretation In this Part— MRWA means Main Roads Western Australia; specially protected flora has the meaning given to it in section 5 of the Biodiversity Conservation Act 2016. threatened flora has the meaning given to it in section 5 of the Biodiversity Conservation Act 2016. Roadside Conservation Committee means the Roadside Conservation Committee appointed by the responsible Minister; and special environmental area means an area designated as such under clause 5.7. 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 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 March 2021 GOVERNMENT GAZETTE, WA 877 5.8 Marking of special environmental areas The local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare, designated as a special environmental area. Division 4—Planting in thoroughfares 5.9 Permit to plant A person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a 5.10 Relevant considerations in determining application In determining an application for a permit for the purpose of clause 5.9, the local government is to have regard to— (a) existing vegetation within that part of the thoroughfare in which the planting is to take place; and (b) the diversity of species and the prevalence of the species which are to be planted or sown. Division 5—Clearance of vegetation 5.11 Permit to clear A person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1m of that person’s land without first obtaining a permit and any other approvals which may be required under any written law. 5.12 Application for permit In addition to the requirements of clause 7.1(2), a person making an application for a permit for the purpose of clause 5.11 shall submit a sketch plan clearly showing the boundary of the person’s land and the portions of the thoroughfare joining that person’s land which are to be cleared. Division 6—Fire management 5.13 Permit to burn thoroughfare A person shall not burn part of a thoroughfare without first obtaining a permit or unless acting under the authority of any other written law. 5.14 Application for permit In addition to the requirements of clause 7.1(2), an application for a permit for the purposes of clause 5.13 shall— (a) include a sketch plan showing the portions of a thoroughfare which are proposed to be burned; and (b) advise of the estimated fire intensity and the measures to be taken to protect upper storey vegetation from the burn. 5.15 When application for permit can be approved The local government may approve an application for a permit for the purpose of clause 5.13 only if the burning of the particular part of the thoroughfare will— (a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the use of herbicides, are considered by the local government to be not feasible or more detrimental to native flora and fauna than burning; or (b) in the opinion of the local government, be beneficial for the preservation and conservation of native flora and fauna. 5.16 Prohibitions on burning Notwithstanding anything to the contrary in this local law, an application for a permit for the purpose of clause 5.13 is not to be approved by the local government— (a) for burning between 31 August and 1 May of the following year where the intensity of the burn could damage native flora and fauna; or (b) in any year to any person for any part of a thoroughfare which is on the opposite side of the carriageway to that portion of the thoroughfare for which a permit to burn has been approved in the same year— (i) Where an immediate fire hazard exists in a thoroughfare, an application for a permit may be approved by the local government to facilitate the removal of that hazard. 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.

878 GOVERNMENT GAZETTE, WA 5 March 2021 Division 8—Commercial wildflower harvesting on thoroughfares 5.19 General prohibition on commercial wildflower harvesting Subject to clause 5.20, a person shall not commercially harvest native flora on a thoroughfare. 5.20 Permit for revegetation projects (1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a (2) The local government may approve an application for a permit under subclause (1) only where— (a) the seed is required for a revegetation project in any part of the district; and (b) the thoroughfare, or the relevant part of it, is not a special environmental area. (3) Unless the local government specifically provides to the contrary on a permit, if the local government approves an application for a permit for the purpose of subclause (1) it is to be taken to be approved subject to the following conditions— (a) the collection of the seed is to be carried out so as not to endanger the long time survival of the native flora on the thoroughfare; and (b) any licence or approval which may be required under any other written law is to be obtained by the applicant.

PART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES Division 1—Stallholders and traders Competition Principles Agreement means the Competition Principles Agreement executed by each State and Territory of the Commonwealth and the Commonwealth of Australia on 11 April 1995; public place includes— (a) any thoroughfare or place which the public are allowed to use whether or not the thoroughfare or place is on private property; and (b) local government property, but does not include premises on private property from which trading is lawfully conducted under a written law. stall means a movable or temporarily fixed structure, stand or table in, on or from which goods or services are sold, hired or offered for sale or hire; stallholder means a person in charge of a stall; stallholder’s permit means a permit issued to a stallholder; trader means a person who carries on trading; trader’s permit means a permit issued to a trader; and trading includes— (a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods or services in a public place; (b) displaying goods in any public place for the purpose of— (i) offering them for sale or hire; (ii) inviting offers for their sale or hire; (iii) soliciting orders for them; or (iv) carrying out any other transaction in relation to them; and (c) the going from place to place, whether or not public places, and— (i) offering goods or services for sale or hire; or (ii) inviting offers or soliciting orders for the sale or the hire of goods or services, but does not include— (d) the delivery of pre-ordered goods of services to the purchaser of those goods or services or to the person nominated by the purchaser of those goods or services whether or not payment for those goods or services is accepted on delivery; or the taking of further orders for goods or services from the purchaser of those pre- ordered goods or services or from the person nominated by the purchaser of those pre- ordered goods or services when those orders are taken at the same time as a previous order is being delivered, whether or not payment is made for those goods or services at the time of taking the order; (e) the setting up of a stall or the conducting of a business at a stall under the authority of a stallholder’s permit; (f) the selling or the offering for sale of goods and services to, or the soliciting of orders for goods and services from a person who sells those goods or services;

5 March 2021 GOVERNMENT GAZETTE, WA 879 (g) the selling or the offering for sale or hire by a person of goods of her or his own manufacture or services which he or she provides; and (h) the selling or hiring or the offering for sale or hire of— (i) goods by a person who represents a manufacturer of the goods; or (ii) services by a person who represents a provider of the services, which are only sold directly to consumers and not through a shop. 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. 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 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. 6.5 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;

880 GOVERNMENT GAZETTE, WA 5 March 2021 (c) the number, type, form and construction, as the case may be, of any stand, table, structure or vehicle which may be used in conducting a stall or in trading; (d) the goods or services in respect of which a permit holder may conduct a stall or trade; (e) the number of persons and the names of persons permitted to conduct a stall or trade; (f) the requirement for personal attendance at the stall or the place of trading by the permit holder and the nomination of assistants, nominees or substitutes for the permit holder; (g) whether and under what terms the permit is transferable; (h) any prohibitions or restrictions concerning the— (i) causing or making of any noise or disturbance which is likely to be a nuisance to persons in the vicinity of the permit holder; (ii) the use of amplifiers, sound equipment and sound instruments; (iii) the use of signs; and (iv) the use of any lighting apparatus or device; (i) the manner in which the permit holder’s name and other details of a valid permit are to be displayed; (j) the care, maintenance and cleansing of the stall or any structure used for trading and the place of the stall or any structure; (k) the vacating of the place of a stall or trading when the stall is not being conducted or trading is not being carried on; (l) the acquisition by the stallholder or trader of public risk insurance; (m) the period for which the permit is valid; and (n) the designation of any place or places where trading is wholly or from time to time prohibited by the local government. (2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply with this local law, the local government may at the request of that permit holder authorize another person to be a nominee of the permit holder for a specified period, and this local law and the conditions of the permit shall apply to the nominee as if he or she was the permit holder. 6.6 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 6.7 Conduct of stallholders and traders (1) A stallholder while conducting a stall or a trader while trading shall— (a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary structure or if there is no stall, vehicle or temporary structure, carry the permit with her or him while conducting a stall or trading; (b) not display a permit unless it is a valid permit; and (c) when selling goods by weight, carry and use for that purpose, scales tested and certified in accordance with the provisions of the National Measurement Act 1960 (Cth). (2) A stallholder or trader shall not— (a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to obstruct the movement of pedestrians or vehicles; (b) act in an offensive manner; (c) use or cause to be used any apparatus or device including any flap or shelf, whereby the dimensions of a stall, vehicle or structure are increased beyond those specified in the permit; or

5 March 2021 GOVERNMENT GAZETTE, WA 881 Division 2—Outdoor eating facilities on public places 6.8 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. 6.9 Permit required to conduct Facility A person shall not establish or conduct a Facility without a permit. 6.10 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. 6.11 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 (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 (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. 6.12 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. 6.13 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. 6.14 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— (b) be signed by the applicant;

882 GOVERNMENT GAZETTE, WA 5 March 2021 related to an application before determining an application for a permit. (4) The local government may require an applicant to give local public notice of the application for a (5) The local government may refuse to consider an application for a permit which is not in accordance with subclause (2). 7.2 Decision on application for permit (a) approve an application for a permit unconditionally or subject to any conditions; or (b) refuse to approve an application for a permit. (2) If the local government approves an application for a permit, it is to issue to the applicant a permit in the form determined by the local government. (3) If the local government refuses to approve an application for a permit, it is to give written notice of (4) Where a clause of this local law refers to conditions which may be imposed on a permit or which are to be taken to be imposed on a permit, the clause does not limit the power of the local government to impose other conditions on the permit under subclause (1)(a). (5) Where a clause of this local law refers to the grounds on which an application for a permit may be or is to be refused, the clause does not limit the power of the local government to refuse the application for a permit on other grounds under subclause (1)(b). Division 2—Conditions 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.

5 March 2021 GOVERNMENT GAZETTE, WA 883 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 with all the necessary changes as required. 7.8 Transfer of permit (1) An application for the transfer of a valid permit is to— (b) be signed by the permit holder and the proposed transferee of the permit; (c) provide such information as the local government may require to enable the application to be determined; and (2) The local government may approve an application for the transfer of a permit, refuse to approve it or approve it subject to any conditions. (3) Where the local government approves an application for the transfer of a permit, the transfer may be effected by— (a) an endorsement on the permit signed by the CEO; or (b) issuing to the transferee a permit in the form determined by the local government. (4) Where the local government approves an application for the transfer of a permit, it is not required to refund any part of any fee paid by the former permit holder. 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. 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.

884 GOVERNMENT GAZETTE, WA 5 March 2021 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 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 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. 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. 10.4 Prescribed offences (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of 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 ———— (Clause 10.4) $ 1 2.1(a) Plant any plant (except grasses or similar plant) within 10m of intersection 125 2 2.1(b) Damaging lawn or garden 125 3 2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 125 4 2.1(d) Placing hazardous substance on footpath 125 5 2.1(e) Damaging or interfering with signpost or structure on thoroughfare 350 6 2.1(f) Playing games so as to impede vehicles or persons on thoroughfare 125

5 March 2021 GOVERNMENT GAZETTE, WA 885 $ 7 2.1(g) Riding of skateboard or similar device on mall or verandah of shopping centre 125 8 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 125 9 2.2(1)(b) Throwing or placing anything on a verge without a permit 125 10 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a permit 125 11 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a permit 250 12 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a permit 250 13 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350 14 2.2(1)(h) Felling tree onto thoroughfare without a permit 125 15 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 125 16 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over a thoroughfare without a permit 350 17 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 125 18 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a permit 125 19 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 125 20 2.3(1) Consumption or possession of liquor on thoroughfare 125 21 2.5(2) Failure to comply with notice to remove crossing and reinstate kerb 350 22 2.9(1) Installation of verge treatment other than permissible verge treatment 250 23 2.10 Failure to maintain permissible verge treatment or placement of obstruction on verge 125 24 2.11 Failure to comply with notice to rectify a verge treatment 125 25 2.17(2) Failure to comply with sign on public place 125 26 2.19(1) Driving or taking a vehicle on a closed thoroughfare 350 27 3.2(1) Placing advertising sign or affixing any advertisement on a thoroughfare without a permit 125 28 3.2(3) Erecting or placing of advertising sign in a prohibited area 125 29 4.1(1) Animal or vehicle obstructing a public place or local government property 125 30 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125 31 4.2(2)(b) Animal on public place with infectious disease 125 32 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 125 33 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 125 34 4.5 Person leaving shopping trolley in public place other than trolley bay 125 35 4.6(2) Failure to remove shopping trolley upon being advised of location 125 36 5.6(1) Driving a vehicle on other than the carriageway of a flora road 250 37 5.9 Planting in thoroughfare without a permit 250 38 5.11 Failure to obtain permit to clear a thoroughfare 500 39 5.13 Burning of thoroughfare without a permit 500 40 5.17 Construction of firebreak on thoroughfare without a permit 500 41 5.19 Commercial harvesting of native flora on thoroughfare 500 42 5.20(1) Collecting seed from native flora on thoroughfare without a permit 350 43 6.2(1) Conducting of stall in public place without a permit 350 44 6.3(1) Trading without a permit 350 45 6.7(1)(a) Failure of stallholder or trader to display or carry permit 125 46 6.7(1)(b) Stallholder or trader not displaying valid permit 125 47 6.7(1)(c) Stallholder or trader not carrying certified scales when selling goods by weight 125 48 6.7(2) Stallholder or trader engaged in prohibited conduct 125

886 GOVERNMENT GAZETTE, WA 5 March 2021 $ 49 6.9 Establishment or conduct of outdoor eating facility without a permit 350 50 6.11 Failure of permit holder of outdoor eating facility to comply with obligations 125 51 6.13(1) Use of equipment of outdoor eating facility without purchase of food or drink from facility 60 52 6.13(2) Failure to leave outdoor eating facility when requested to do so by permit holder 60 53 7.5 Failure to comply with a condition of a permit 125 54 7.9 Failure to produce permit on request of authorised person 125 55 10.1 Failure to comply with notice given under local law 125 ———— Dated 11th day of February 2021.

5 March 2021 GOVERNMENT GAZETTE, WA 887 BUSH FIRES ACT 1954 1.2. Definitions 1.3. Commencement 1.4. Application PART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES Division 1—Establishment of a bush fire brigade 2.1. Establishment of a bush fire brigade 2.2. Name and officers of bush fire brigade Division 2—Command at a fire 2.3. Ranks within the bush fire brigade Division 3—Application of Rules to a bush fire brigade 2.4. Rules Division 4—Transitional 2.5. Existing Bush Fire Brigades Division 5—Dissolution of bush fire brigade 2.6. Dissolution of bush fire brigade 2.7. New arrangement after dissolution PART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES Division 1—Local government responsibility 3.1. Local government responsible for structure 3.2. Officers to be supplied with Act Division 2—Chief Bush Fire Control Officer 3.3 Managerial role of Chief Bush Fire Control Officer 3.4 Chief Bush Fire Control Officer may attend meetings 3.5 Duties of Chief Bush Fire Control Officer Division 3—Annual general meetings of bush fire brigades 3.6 Holding of annual general meeting 3.7 Nomination of bush fire control officers to Bush Fire Advisory Committee 3.8 Nomination of bush fire control officer to the local government 3.9 Minutes to be tabled before the Bush Fire Advisory Committee

888 GOVERNMENT GAZETTE, WA 5 March 2021 Division 4—Bush Fire Advisory Committee 3.10 Functions of Advisory Committee 3.11 Advisory Committee to nominate bush fire control officers 3.12 Local government to have regard to nominees 3.13 Advisory Committee to consider bush fire brigade motions PART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP 4.1. Types of membership of bush fire brigade 4.2 Fire fighting members 4.3 Associate members 4.4 Cadet members 4.5 Honorary life member 4.6 Notification of membership PART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS 5.1 Rules to govern PART 6—EQUIPMENT OF BUSH FIRES BRIGADES 6.1 Policies of local government 6.2 Equipment in brigade area 6.3 Funding from local government budget 6.4 Consideration in the local government budget SCHEDULE 1—RULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES 1.1 Interpretation PART 2—OBJECTS AND MEMBERSHIP OF BUSH FIRE BRIGADE 2.1 Objects of bush fire brigade 2.2 Committee to determine applications 2.3 Conditions of membership 2.4 Applications for membership 2.5 Decision on application for membership 2.6 DFES to be notified of registrations 2.7 Termination of membership 2.8 Suspension of membership 2.9 Existing liabilities to continue 2.10 Member has right of defence 2.11 Objection Rights PART 3—FUNCTIONS OF BRIGADE OFFICERS 3.1 Chain of command during fire fighting activities 3.2 Duties Of Captain 3.3 Secretary 3.4 Treasurer 3.5 Equipment Officer 3.6 Storage of equipment 3.7 Equipment Officer to report PART 4—COMMITTEE 4.1 Management of bush fire brigade 4.2 Constitution of Committee PART 5—MEETINGS OF BUSH FIRE BRIGADE 5.1 Ordinary meetings 5.2 Special meetings 5.3 Annual general meeting 5.4 Quorum 5.5 Voting 5.6 Auditor

5 March 2021 GOVERNMENT GAZETTE, WA 889 PART 6—MEETINGS OF COMMITTEE 6.1 Meetings of Committee 6.2 Quorum 6.3 Voting PART 7—GENERAL ADMINISTRATION MATTERS 7.1 Fees 7.2 Funds 7.3 Financial year 7.4 Banking 7.5 Disclosure of interests 7.6 Disagreements

PART 8—NOTICES AND PROXIES 8.1 Notices 8.2 Proxies

5 March 2021 GOVERNMENT GAZETTE, WA 891 BUSH FIRES ACT 1954 Under the powers conferred by the Bush Fires Act 1954, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Broomehill-Tambellup resolved on 11 February 2021 to make the following local law. This local law may be cited as the Shire of Broomehill-Tambellup Bush Fire Brigades Local Law 2020. 1.2. Definitions (1) In this local law unless the context otherwise requires— Act means the Bush Fires Act 1954; brigade area is defined in clause 2.2(1)(b); brigade member means a fire fighting member, associate member or a cadet member of a bush fire brigade; brigade officer means a person holding a position referred to in clause 2.2 (1)(c), whether or not he or she was appointed by the local government or elected at an annual general meeting of a bush fire brigade or otherwise appointed to the position; bush fire brigade is defined in section 7 of the Act; Bush Fire Operating Procedures means the Bush Fire Operating Procedures adopted by the local government as amended from time to time; CEO means the Chief Executive Officer of the Shire of Broomehill-Tambellup; Council means the Council of the local government; Department means the Department of Fire and Emergency Services of Western Australia; District means the district of the local government fire fighting member is defined in clause 4.2; Regulations means Regulations made under the Act; and Rules means the Rules Governing the Operation of Bush Fire Brigades set out in the Schedule 1. (2) In this local law, unless the context otherwise requires, a reference to— (a) a Captain; (b) a First Lieutenant; (c) a Second Lieutenant; (d) any additional Lieutenants; (e) an Equipment Officer; (f) a Secretary; (g) a Treasurer; or (h) a Secretary / Treasurer combined, means a person holding that position in a bush fire brigade. 1.3. Commencement 1.4. Application

892 GOVERNMENT GAZETTE, WA 5 March 2021 PART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES Division 1—Establishment of a bush fire brigade 2.1. Establishment of a bush fire brigade (1) The local government may establish a bush fire brigade for the purpose of carrying out normal brigade activities. (2) A bush fire brigade is established on the date of the local government’s decision under 2.2. Name and officers of bush fire brigade (1) On establishing a bush fire brigade under clause 2.1(1) the local government is to— (a) give a name to the bush fire brigade; (b) specify the area in which the bush fire brigade is primarily responsible for carrying out the normal brigade activities (the “brigade area”); and (c) appoint— (i) a Captain; (ii) a First Lieutenant; (iii) a Second Lieutenant; (iv) additional Lieutenants if the local government considers it necessary; (v) an Equipment Officer; (vi) a Secretary; and (vii) a Treasurer; or (viii) a Secretary/Treasurer combined. (2) When considering the appointment of persons to the positions in subclause (1)(c), the local government is to have regard to the qualifications and experience which may be required to fill each position. (3) A person appointed to a position in subclause (1)(c) is to be taken to be a brigade member. (4) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general meeting of the bush fire brigade. (5) If a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first annual general meeting, then the local government is to appoint a person to fill the vacancy in accordance with subclause (2). Division 2—Command at a fire 2.3. Ranks within the bush fire brigade (1) Where under the Act and Bush Fire Operating Procedures members of the bush fire brigade have command of a fire, unless a bushfire control officer is in attendance at the fire, the Captain has full control over other persons fighting the fire, and is to issue instructions as to the methods to be adopted by the firefighters. In the absence of the Captain, the first Lieutenant, and in the absence of the first, the second Lieutenant and so on, in the order of seniority determined, is to exercise all the powers and duties of the Captain. (2) Where a bushfire control officer is in attendance at a fire which the members of the bush fire brigade have command of under the Act and the Bush Fire Operating Procedures, the most senior bushfire control officer has full control over other persons fighting the fire and is to issue instructions as to the methods to be adopted by the fire fighters. Division 3—Application of Rules to a bush fire brigade 2.4. Rules (1) The Rules govern the operation of a bush fire brigade. (2) A bush fire brigade and each brigade member is to comply with the Rules. Division 4—Transitional 2.5. Existing Bush Fire Brigades (1) Where a local government has established a bush fire brigade prior to the commencement date, then on and from the commencement day— (a) the bush fire brigade is to be taken to be a bush fire brigade established under and in accordance with this local law; (b) the provisions of this local law apply to the bush fire brigade save for clause 2.2; and (c) any rules governing the operation of the bush fire brigade are to be taken to have been repealed and substituted with the Rules. commencement day means the day on which this local law comes into operation.

5 March 2021 GOVERNMENT GAZETTE, WA 893 Division 5—Dissolution of bush fire brigade 2.6. Dissolution of bush fire brigade In accordance with section 41(3) of the Act, the local government may cancel the registration of a bush fire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local law, the Bush Fire Operating Procedures or the Rules, or is not achieving the objectives for which it was established. 2.7. New arrangement after dissolution If a local government cancels the registration of a bush fire brigade, alternative fire control arrangements are to be made in respect of the brigade area. PART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES Division 1—Local government responsibility 3.1. Local government responsible for structure The Council is to ensure that there is an appropriate structure through which the organisation of bush fire brigades is maintained. 3.2. Officers to be supplied with Act The local government is to supply each brigade officer with a copy of the Act, the Regulations, the Bush Fire Operating Procedures, this local law and any other written laws which may be relevant to the performance of the brigade officers’ functions, and any amendments which are made thereto from time to time. Division 2—Chief Bush Fire Control Officer 3.3 Managerial role of Chief Bush Fire Control Officer Subject to any directions by the local government the Chief Bush Fire Control Officer has primary managerial responsibility for the organisation and maintenance of bush fire brigades. 3.4 Chief Bush Fire Control Officer may attend meetings The Chief Bush Fire Control Officer or her or his nominee (who is to be a bush fire control officer) may attend as a non-voting representative of the local government at any meeting of a bush fire brigade. 3.5 Duties of Chief Bush Fire Control Officer The duties of the Chief Bush Fire Control Officer include— (a) provide leadership to volunteer bush fire brigades; (b) monitor bush fire brigades’ resourcing, equipment (including protective clothing) and training levels and report thereon with recommendations at least once a year to the local government; (c) liaise with the local government concerning fire prevention / suppression matters generally and directions to be issued by the local government to bush fire control officers (including those who issue permits to burn) bush fire brigades or brigade officers; and (d) ensure that bush fire brigades are registered with the local government and that lists of brigade members are maintained. Division 3—Annual general meetings of bush fire brigades 3.6 Holding of annual general meeting A bush fire brigade is to hold its annual general meeting during the month of March each year. 3.7 Nomination of bush fire control officers to Bush Fire Advisory Committee At the annual general meeting of a bush fire brigade, one brigade member is to be nominated to the Bush Fire Advisory Committee to serve as the bush fire control officer for the brigade area until the next general meeting. 3.8 Nomination of bush fire control officer to the local government If the local government has not established a Bush Fire Advisory Committee, then at the annual general meeting of a bush fire brigade, the bush fire brigade is to nominate one brigade member to the local government to serve as the bush fire control officer for the brigade area until the next annual general meeting. 3.9 Minutes to be tabled before the Bush Fire Advisory Committee (1) The Secretary is to forward a copy of the minutes of the annual general meeting of a bush fire brigade to the Chief Bush Fire Control Officer within one month after the meeting. (2) The Chief Bush Fire Control Officer is to table the minutes of a bush fire brigade’s annual general meeting at the next meeting of the— (a) Bush Fire Advisory Committee; or (b) Council, if there is no Bush Fire Advisory Committee, following their receipt under subclause (1).

894 GOVERNMENT GAZETTE, WA 5 March 2021 Division 4—Bush Fire Advisory Committee 3.10 Functions of Advisory Committee The Bush Fire Advisory Committee is to have the functions set out in section 67 of the Act and is to include such number of nominees of the bush fire brigades as is determined by the local government. 3.11 Advisory Committee to nominate bush fire control officers As soon as practicable after the annual general meeting of each bush fire brigade in the district, the Bush Fire Advisory Committee is to nominate to the local government from the persons nominated by each bush fire brigade a person for the position of a bush fire control officer for the brigade area. 3.12 Local government to have regard to nominees When considering persons for the position of a bush fire control officer, the local government is to have regard to those persons nominated by the Bush Fire Advisory Committee, but is not bound to appoint the persons nominated. 3.13 Advisory Committee to consider bush fire brigade motions The Bush Fire Advisory Committee is to make recommendations to the local government on all motions received by the Bush Fire Advisory Committee from bush fire brigades. PART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP 4.1. Types of membership of bush fire brigade The membership of a bush fire brigade consists of the following— (a) fire fighting members; (b) associate members; (c) cadet members; and (d) honorary life members. 4.2 Fire fighting members Fire fighting members are those persons being at least 16 years of age who undertake all normal bush fire brigade activities. 4.3 Associate members Associate members are those persons who are willing to supply free vehicular transport for fire fighting members or fire fighting equipment, or who are prepared to render other assistance required by the bush fire brigade. 4.4 Cadet members Cadet members are— (a) to be aged 11 to 15 years; (b) to be admitted to membership only with the consent of their parent or guardian; (c) admitted for the purpose of training and are not to attend or be in attendance at an uncontrolled fire or other emergency incident; (d) to be supervised by a fire fighting member when undertaking normal brigade activities as defined by paragraphs (c), (d), (e), (f) and (g) of section 35A of the Act; (e) ineligible to vote at bush fire brigade meetings; and (f) not to be assigned ranks under the Department’s rank structure. 4.5 Honorary life member (1) The bush fire brigade may by a simple majority resolution appoint a person as an honorary life member in recognition of services by that person to the bush fire brigade. (2) No membership fees are to be payable by an honorary life member. 4.6 Notification of membership No later than 31 May in each year, the bush fire brigade is to report to the Chief Fire Control Officer the name, contact details and type of membership of each brigade member. PART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS 5.1 Rules to govern The appointment, dismissal and management of brigade members by the bush fire brigade are governed by the Rules. PART 6—EQUIPMENT OF BUSH FIRES BRIGADES 6.1 Policies of local government The local government may make policies under which it— (a) provides funding to bush fire brigades for the purchase of protective clothing, equipment and appliances; and (b) keeps bush fire brigades informed of opportunities for funding from other bodies.

5 March 2021 GOVERNMENT GAZETTE, WA 895 6.2 Equipment in brigade area Not later than 31 May in each year, the bush fire brigade is to report to the local government the nature, quantity and quality of all protective clothing, equipment and appliances of the bush fire brigade which are generally available within the brigade area (or at a station of the bush fire brigade). 6.3 Funding from local government budget A request to the local government from the bush fire brigade for funding of protective clothing, equipment or appliance needs is to be received by the local government by 31 March in order to be considered in the next following local government budget, and is to be accompanied by the last audited financial statement and a current statement of assets and liabilities of the bush fire brigade. 6.4 Consideration in the local government budget The local government may approve or refuse an application for funding depending upon the assessment of budget priorities for the year in question. ———— RULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES [Clause 1.2] 1.1 Interpretation (1) In these Rules, unless the context otherwise requires, where a term is used in these Rules and is defined in the local law, the Act or the Regulations, then the term is to be taken to have the meaning assigned to it in the local law, the Act or the Regulations, as the case may be. (2) In these Rules, unless the context otherwise requires— absolute majority means a majority of more than 50% of the number of— (a) brigade members of the bush fire brigade, whether in attendance at the meeting or not, if the majority is required at a meeting of the bush fire brigade; or (b) brigade officers of the bush fire brigade, whether in attendance at the meeting or not, if the majority is required at a meeting of the Committee. Committee means the Committee of the bush fire brigade referred to in clause 4.1 of the Rules; local law means the Shire of Broomehill-Tambellup Bush Fire Brigades Local Law 2020; and normal brigade activities is defined by section 35A of the Act. (3) Subject to these Rules, where a decision is to be made by the bush fire brigade, then the decision may be made by a resolution passed by a simple majority of the brigade members who are present in person or by proxy at the meeting. (4) Subject to these Rules, where a decision is to be made by the Committee, then the decision may be made by a resolution passed by a simple majority of the brigade officers who are present in person or by proxy at the meeting. PART 2—OBJECTS AND MEMBERSHIP OF BUSH FIRE BRIGADE 2.1 Objects of bush fire brigade The objects of the bush fire brigade are to carry out— (a) the normal brigade activities; and (b) the functions of the bush fire brigade which are specified in the Act, the Regulations and the local law. 2.2 Committee to determine applications Applications for membership are to be determined by the Committee. 2.3 Conditions of membership In relation to any type of membership, as described in Part 4 of the local law, the bush fire brigade may establish policies pertaining to— (a) the qualifications required; (b) fees payable, if any; (c) a requirement to serve a probationary period; and (d) procedures to be employed by the Committee prior to approval of an application for membership, and the Committee is to act within the parameters of any such policy in determining applications for membership. 2.4 Applications for membership An application for membership is to be in writing and is to be submitted to the Secretary.

896 GOVERNMENT GAZETTE, WA 5 March 2021 2.5 Decision on application for membership (1) The Committee may— (a) approve an application for membership unconditionally or subject to any conditions; or (b) refuse to approve an application for membership. (2) If the Committee refuses to approve an application for membership, it is to give written reasons for the refusal, as soon as practicable after the decision is made, to the applicant and the advice that the applicant has the right to object to the local government. 2.6 DFES to be notified of registrations If any application for membership is approved, the Secretary of the bush fire brigade is to supply registration details to the Department of Fire and Emergency Services within 14 days of a person being admitted to membership in the form required by the Department from time to time. 2.7 Termination of membership (1) Membership of the bush fire brigade terminates if the member— (a) dies; (b) gives written notice of resignation to the Secretary; (c) is, in the opinion of the Committee, permanently incapacitated by mental or physical ill- health; (d) is dismissed by the Committee; or (e) ceases to be a member or is taken to have resigned under subclause (2). (2) A brigade member whose membership fees are more than one year in arrears is to be taken to have resigned from the bush fire brigade. 2.8 Suspension of membership (1) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the Committee, circumstances warrant suspending the member. (2) The period of suspension shall be at the discretion of the Committee. (3) Upon the expiry of the period of suspension the Committee may— (a) extend the period of suspension; (b) terminate the membership; or (c) reinstate the membership. 2.9 Existing liabilities to continue The resignation, or dismissal of a member under clause 2.7 does not affect any liability of the brigade member arising prior to the date of resignation or dismissal. 2.10 Member has right of defence A brigade member is not to be dismissed under clause 2.7(1)(d) without being given the opportunity to meet with the Committee and answer any charges which might give grounds for dismissal. 2.11 Objection Rights

1. A person whose— (a) application for membership is refused under clause 2.5(1)(b); (b) membership is terminated under clause 2.7(1)(c), clause 2.7(1)(d) or clause 2.8(3)(b); or (c) membership is suspended under clause 2.8(1) or clause 2.8(3)(a), has the right of objection to the local government.
2. The local government may dispose of the objection by— (a) dismissing the objection; (b) varying the decision objected to; or (c) revoking the decision objected to, with or without— (i) substituting for it another decision; or (ii) referring the matter, with or without directions, for another decision by the Committee. PART 3—FUNCTIONS OF BRIGADE OFFICERS 3.1 Chain of command during fire fighting activities Subject to the Act and the local law, the command procedures to apply during fire fighting activities are as detailed in the local government’s Bush Fire Operating Procedures. 3.2 Duties of Captain (1) Subject to subclause (2) below, the Captain is to preside at all meetings. (2) In the absence of the Captain, the meeting may elect another person to preside at the meeting. 3.3 Secretary (1) The Secretary is to— (a) be in attendance at all meetings and keep a correct minute and account of the proceedings of the bush fire brigade in a book which shall be open for inspection by brigade members at any reasonable time;

5 March 2021 GOVERNMENT GAZETTE, WA 897 (b) answer all correspondence or direct it appropriately, and keep a record of the same; (c) prepare and send out all necessary notices of meetings; (d) receive membership fees, donations and other monies on behalf of the bush fire brigade, and remit them to the Treasurer upon receipt; (e) complete and forward an incident report form in the form required by the Department to the Chief Bush Fire Control Officer and the Department within 14 days after attendance by the bush fire brigade at an incident. (f) maintain a register of all current brigade members which includes each brigade member’s contact details and type of membership; and (g) provide no later than 31 May in each year, a report to the Chief Bush Fire Control Officer detailing the name, contact details and type of membership of each brigade member. (2) Where a bush fire brigade attends an incident on more than one day, the incident report form is to be completed and forwarded under subclause (1)(e) within 14 days after the last day of attendance. 3.4 Treasurer The Treasurer is to— (a) receive donations and deposits from the Secretary, and deposit all monies to the credit of the bush fire brigade’s bank account; (b) pay accounts as authorised by the Committee; (c) keep a record of all monies received and payments made, maintain the accounts and prepare the balance sheet for each financial year; (d) be the custodian of all monies of the bush fire brigade; (e) regularly inform the Secretary of the names of those brigade members who have paid their membership fees; and (f) report on the financial position at meetings of the bush fire brigade or Committee. 3.5 Equipment Officer The Equipment Officer is responsible for the custody and maintenance in good order and condition of all protective clothing, equipment and appliances provided by the local government to the bush fire brigade (or of the bush fire brigade). 3.6 Storage of equipment (1) The Equipment Officer may store all of the equipment of the bush fire brigade at a place approved by the Captain (the “station”). (2) If there is to be more than one station in the brigade area, the Equipment Officer is to appoint in respect of each station a person who is responsible for the custody and maintenance in good order and condition of all equipment and appliances at the station, subject to any direction of the Equipment Officer. 3.7 Equipment Officer to report The Equipment Officer is to provide, no later than 31 May of each year, a report to the local government and bush fire brigade captain describing the nature, quantity and quality of all protective clothing, equipment and appliances of the bush fire brigade which are generally available within the bush fire brigade area (or at a station of the bush fire brigade). PART 4—COMMITTEE 4.1 Management of bush fire brigade (1) Subject to the provisions of these Rules, the administration and management of the affairs of the bush fire brigade are vested in the Committee. (2) Without limiting the generality of subclause (1), the Committee is to have the following functions— (a) to recommend to the local government amendments to these Rules; (b) to draft the annual budget for the bush fire brigade and present it at the annual general meeting of the bush fire brigade; (c) to propose a motion for consideration at any meeting of the bush fire brigade; (d) to recommend to the local government equipment which needs to be supplied by the local government to the bush fire brigade; (e) to invest or place on deposit any of the funds of the bush fire brigade not immediately required to perform the normal brigade activities; (f) to delegate to a person, as from time to time thought fit, any functions (being less than the total functions of the Committee) on any conditions it thinks fit; (g) to do all things necessary or convenient in order to perform any of its functions and to secure the performance of the normal brigade activities by the bush fire brigade; and (h) deal with membership applications, grievances, disputes and disciplinary matters.

898 GOVERNMENT GAZETTE, WA 5 March 2021 4.2 Constitution of Committee (1) The Committee of the bush fire brigade is to consist of the brigade officers being the Captain, Secretary, Treasurer, Equipment Officer and the Lieutenants of the bush fire brigade. (2) The brigade officers are to— (a) be elected at the annual general meeting of the bush fire brigade; (b) hold office until the next annual general meeting; and (c) be eligible for re-election at the next annual general meeting. (3) Any brigade officer may be removed from office by an absolute majority decision of the brigade members present in person or by proxy at a special meeting called for such a purpose. (4) The Committee may appoint a brigade member to fill a vacancy in any office arising from a resolution under subclause (3) or which has arisen for any other reason. PART 5—MEETINGS OF BUSH FIRE BRIGADE 5.1 Ordinary meetings (1) Ordinary meetings may be called at any time by the Secretary by giving at least 7 days’ notice to all brigade members and to the Chief Fire Control Officer, for the purpose of— (a) organising and checking equipment; (b) requisitioning new or replacement equipment; (c) organising field excursions, training sessions, hazard reduction programs, and the preparation of fire-breaks; (d) establishing new procedures in respect of any of the normal brigade activities; and (e) dealing with any general business. (2) In a notice given under subclause (1), the Secretary is to specify the business which is to be (3) Business may be conducted at an ordinary meeting of the bush fire brigade notwithstanding that it was not specified in a notice given under subclause (1) in relation to that meeting. 5.2 Special meetings (1) The Secretary is to call a special meeting when 5 or more brigade members request one in writing. (2) At least 2 days’ notice of a special meeting is to be given by the Secretary, to all brigade members and to the Chief Bush Fire Control Officer. (3) In a notice given under subclause (2) the Secretary is to specify the business which is to be (4) No business is to be conducted at a special meeting beyond that specified in a notice given under subclause (2) in relation to that meeting. 5.3 Annual general meeting (1) At least 7 days’ notice of the annual general meeting is to be given by the Secretary to all brigade members and to the Chief Bush Fire Control Officer. (2) At the annual general meeting the bush fire brigade is to— (a) elect the brigade officers from among the brigade members; (b) consider the Captain’s report on the year’s activities; (c) adopt the annual financial statements; (d) appoint an Auditor for the ensuing financial year in accordance with clause 5.6; and (e) deal with any general business. (3) In a notice given under subclause (1), the Secretary is to specify the business which is to be (4) Business may be conducted at an annual general meeting notwithstanding that it was not specified in a notice given under subclause (1) in relation to that meeting. 5.4 Quorum (1) The quorum for a meeting of the bush fire brigade is at least 50% of the number of offices (whether vacant or not) of member of the bush fire brigade. (2) No business is to be transacted at a meeting of the bush fire brigade unless a quorum of brigade members is present in person or by proxy. 5.5 Voting Each brigade member is to have one vote, however in the event of an equality of votes, the Captain (or person presiding) may exercise a casting vote. 5.6 Auditor (1) At the annual general meeting a person, not being a brigade member, is to be appointed as the Auditor of the bush fire brigade for the ensuing financial year. (2) The Auditor is to audit the accounts of the bush fire brigade not less than 7 days before the annual general meeting and is to certify to their correctness or otherwise and present a report at the annual general meeting.

5 March 2021 GOVERNMENT GAZETTE, WA 899 PART 6—MEETINGS OF COMMITTEE 6.1 Meetings of Committee (1) The Committee is to meet for the despatch of business, adjourn and otherwise regulate its meeting as it thinks fit. (2) The Captain or Secretary may convene a meeting of the Committee at any time. 6.2 Quorum No business is to be transacted at a meeting of the Committee unless a quorum of 3 brigade officers are present in person. 6.3 Voting Each brigade officer is to have one vote, however in the case of an equality of votes, the Captain (or person presiding) may exercise a casting vote. PART 7—GENERAL ADMINISTRATION MATTERS 7.1 Fees (1) The membership fees, if any, for each type of member for the ensuing 12 months are to be determined by the bush fire brigade at the annual general meeting. (2) Subject to subclause (3), a member is to pay the membership fees for her or his type of membership on or before 1 May. (3) The bush fire brigade may exempt a brigade member, or a class of membership, from the payment of membership fees, for such period and on such conditions as the bush fire brigade may determine. 7.2 Funds The funds of the bush fire brigade are to be used solely for the purpose of promoting the objects of the bush fire brigade. 7.3 Financial year The financial year of the bush fire brigade is to commence on 1 July and is to end on 30 June of the following year. 7.4 Banking (1) The funds of the bush fire brigade are to be placed in a bank account and are to be drawn on only by cheques signed jointly by any 2 of the Captain, Secretary or Treasurer. (2) If the Secretary/Treasurer is a combined position, the Captain and Secretary/Treasurer are to sign the cheques referred to in subclause (1). 7.5 Disclosure of interests (1) A brigade member shall disclose to the bush fire brigade or Committee any financial interest (whether direct or indirect) he or she may have in any matter being considered by the bush fire brigade or Committee, as appropriate. (2) If a financial interest has been disclosed under subclause (1), then the bush fire brigade or Committee, as appropriate, is to decide, in the absence of the brigade member who disclosed that interest, whether or not the brigade member is to be permitted to vote on that matter. (3) Where the bush fire brigade or Committee, as appropriate, decides under subclause (2), that a brigade member is not to be permitted to vote on a matter, and the brigade member votes on the matter, then her or his vote is to be taken to have no effect and is not to be counted. 7.6 Disagreements (1) Any disagreement between brigade members may be referred to either the Captain or to the Committee. (2) Where a disagreement in subclause (1) is considered by the Captain or the Committee to be of importance to the interests of the bush fire brigade, then the Captain or the Committee, as the case may be, is to refer the disagreement to the annual general meeting, an ordinary meeting or a special meeting of the bush fire brigade. (3) The local government is the final authority on matters affecting the bush fire brigade, and may resolve any disagreement which is not resolved under subclause (1) or (2). PART 8—NOTICES AND PROXIES 8.1 Notices (1) Notices of meetings of the bush fire brigade are to be in writing and sent by ordinary post to the registered address of each brigade member. (2) Notices of meetings of the Committee may be given in writing in accordance with subclause (1) or by such other means as the Committee may decide (by an absolute majority) at a meeting of the Committee. (3) Any accidental omission to give notice of a meeting to, or non-receipt by a person entitled to receive such notice, is not to invalidate the meeting the subject of the notice or any resolutions passed at the meeting.

900 GOVERNMENT GAZETTE, WA 5 March 2021 (4) Where any notice other than a notice of meeting is to be given under these Rules, the notice is to be— (a) in writing; (b) unless otherwise specified, given to or by the Secretary; (c) given by— (i) personal delivery; (ii) post; or (iii) facsimile transmission; and (d) taken to have been received, as the case may be— (i) at the time of personal delivery; (ii) 2 business days after posting; or (iii) on the printing of the sender’s transmission report. 8.2 Proxies (1) Where under these Rules a brigade member may vote by proxy, in order for the proxy to so vote, the brigade member or the proxy shall give a notice in the form of that appearing in this clause, to the Secretary or the person presiding at the meeting before the start of the meeting at which the proxy is to be used. (2) A proxy is to be valid for the meeting for which it is given and for any adjournments of that meeting. (3) A proxy shall be valid for the number of votes to which the brigade member is entitled. (4) If the donor of the proxy does not give any indication of the manner in which the proxy is to vote, the proxy shall be entitled to vote or not vote as he or she thinks fit. (5) A proxy shall be entitled to speak on behalf of the donor of the proxy. (6) All forms appointing proxies deposited under subclause (1) are to be retained by the Secretary for not less than 28 days after the conclusion of the meeting to which they relate but if there is any objection to the validity of any vote at the meeting, they are to be retained until the determination of that objection. (7) The form appointing a proxy shall be in writing and signed by the brigade member appointing the proxy. ————

5 March 2021 GOVERNMENT GAZETTE, WA 901 CEMETERIES ACT 1986 ARRANGEMENT 1.2 Application 1.3 Commencement 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 limitation 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

902 GOVERNMENT GAZETTE, WA 5 March 2021 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 7.11 Australian War Graves 7.12 Placing of glass domes and vases Division 2—Licensing of Monumental Masons 7.13 Monumental mason’s licence 7.14 Expiry date, non-transferability 7.15 Carrying out monumental work 7.16 Responsibilities of the holder of a monumental mason’s licence 7.17 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 8.8 Exhumation of a body PART 9—OFFENCES AND MODIFIED PENALTIES 9.1 General 9.2 Modified penalties SCHEDULE 1—MODIFIED PENALTIES SCHEDULE 2—INFRINGEMENT NOTICE SCHEDULE 3—INFRINGEMENT WITHDRAWAL NOTICE

5 March 2021 GOVERNMENT GAZETTE, WA 903 CEMETERIES ACT 1986 Under the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Broomehill-Tambellup resolved on

11 February 2021 to adopt the following local law. This local law may be cited as the Shire of Broomehill-Tambellup Cemeteries Local Law 2020. 1.2 Application This local law applies to the Broomehill, Tambellup, and Pindellup public cemeteries located in the 1.3 Commencement This local law repeals the Shire of Broomehill-Tambellup Cemeteries Local Law 2008 as published in the Government Gazette on 23 December 2008. In this local law, unless the context otherwise requires— Act means the Cemeteries Act 1986; ashes means so much of the remains of a dead body after the due processes of cremation as may be contained in a standard sized cremation urn; 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 Board means the Shire of Broomehill-Tambellup; CEO means the Chief Executive Officer, for the time being, of the Board; funeral has the meaning given in the Act; funeral director means a person holding a current funeral director’s licence; local government means Shire of Broomehill-Tambellup; 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; monumental mason means a person holding a current monumental mason’s licence; personal representative means the administrator or executor of an estate of a deceased person; Schedule means the Schedule to this local law; 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; and vault means a below ground lined grave with one or more sealed compartments constructed to specifications approved from time to time by the Board.

904 GOVERNMENT GAZETTE, WA 5 March 2021 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 cemetery. 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 clauses 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 48 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 (1) 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; (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 March 2021 GOVERNMENT GAZETTE, WA 905 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. (2) This clause shall not apply to persons using wheelchairs or motorised wheelchairs. 5.4 Vehicle access and speed limitation (1) A person shall only 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 (1) 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) bury that dead body; (e) specify an area in the cemetery where the dead body is to be buried or the ashes placed; (f) conduct the funeral notwithstanding the failure of a person to make any application or to obtain any consent required under this local law; (g) 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. (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.

906 GOVERNMENT GAZETTE, WA 5 March 2021 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— (a) 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; (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 work. 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 6.00p.m. 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. 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.

5 March 2021 GOVERNMENT GAZETTE, WA 907 7.11 Australian War Graves 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 A person shall not place glass domes, vases or other grave ornaments outside the perimeter of a grave in the cemetery as defined in the plans kept and maintained under section 40(2) of the Act. Division 2—Licensing of Monumental Masons 7.13 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. 7.14 Expiry date, non-transferability A monumental mason’s licence— (a) shall be valid from the date specified therein until 30 June next following; and (b) is not transferable. 7.15 Carrying out monumental work 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 7.13(1); or (b) is an employee of a person who holds such a licence; or (c) is authorised by the Board to do so. 7.16 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. 7.17 Cancellation of a monumental mason’s licence (1) The Board may by notice in writing to the holder of a monumental mason’s license terminate the license on any of the following grounds— (a) that the holder of the license has committed a breach of the requirements and conditions of the license, this local law, the Act or any other written law which may affect the carrying out of monumental works; (b) that, in the opinion of the Board, the conduct of the holder of the license or any person in the employ of that holder in carrying out or attempting to carry out any works within the cemetery, is inappropriate or unbecoming; or (c) that the holder of the license has purported to transfer the license issued to that holder. (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. 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.

908 GOVERNMENT GAZETTE, WA 5 March 2021 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 directed 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 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. ———— OFFENCES AND MODIFIED PENALTIES [cl. 9.2] 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 $50.00 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 $50.00 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 $50.00 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 ————

5 March 2021 GOVERNMENT GAZETTE, WA 909 INFRINGEMENT NOTICE [cl. 9.2(3)] 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 Shire of Broomehill-Tambellup Cemeteries Local Law 2020. (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 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 Broomehill-Tambellup at 46-48 Norrish Street, Tambellup between the hours of 9 a.m. to 4.30 p.m., Monday to Friday. Please make cheques payable to Shire of Broomehill-Tambellup. Payments by mail should be addressed to— The Chief Executive Officer 46-48 Norrish Street TAMBELLUP WA 6320 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. ———— INFRINGEMENT WITHDRAWAL NOTICE [cl. 9.2(4)] 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. ————

5 March 2021 GOVERNMENT GAZETTE, WA 911 DOG ACT 1976 1.5 interpretation PART 2—IMPOUNDING OF DOGS 2.1 Charges and costs 2.2 Attendance of pound keeper at pound 2.3 Release of impounded dog PART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 3.1 Dogs to be confined 3.2 Limitation on the number of dogs PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Interpretation 4.2 Application for licence for approved kennel establishment 4.3 Notice of proposed use 4.4 Exemption from notice requirements 4.5 When application can be determined 4.6 Determination of application 4.7 Where application cannot be approved 4.8 Conditions of approval 4.9 Compliance with conditions of approval 4.10 Fees 4.11 Form of licence 4.12 Period of licence 4.13 Variation or cancellation of licence 4.14 Transfer 4.15 Notification 4.16 Inspection of kennel PART 5—MISCELLANEOUS 5.1 Offence to excrete PART 6—ENFORCEMENT 6.3 Issue of infringement notice 6.4 Failure to pay modified penalty 6.5 Payment of modified penalty

912 GOVERNMENT GAZETTE, WA 5 March 2021 6.6 Withdrawal of infringement notice 6.7 Service SCHEDULE 1 APPLICATION FOR A LICENCE OF AN APPROVED KENNEL ESTABLISHMENT SCHEDULE 2 CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT SCHEDULE 3 OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES

5 March 2021 GOVERNMENT GAZETTE, WA 913 DOG ACT 1976 Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Broomehill-Tambellup resolved on 11 February 2021 to make the following local law. This local law may be cited as the Shire of Broomehill-Tambellup Dogs Local Law 2020. The Shire of Broomehill-Tambellup Dogs Local Law 2008 published in the Government Gazette on

23 December 2008 is repealed. Act means the Dog Act 1976; authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under this local law; dangerous dog means a dog which is the subject of a declaration under section 33E of the Act declaring it to be a dangerous dog; pound means any dog management facility, or any replacement facility established as a pound by the local government under section 11(1) of the Act; pound keeper means a person authorised by the local government to perform all or any of the functions conferred on a “pound keeper” under this local law; premises has the meaning given to it in the Act; Regulations means the Dog Regulations 2013; Schedule means a schedule in this local law; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and town planning scheme means a town planning scheme made by the local government under the Planning and Development Act 2005 which applies throughout the whole or a part of the PART 2—IMPOUNDING OF DOGS 2.1 Charges and costs The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995— (a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding of a dog;

914 GOVERNMENT GAZETTE, WA 5 March 2021 (b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or on a day other than those determined under clause 2.2; and (c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act. 2.2 Attendance of pound keeper at pound The pound keeper is to be in attendance at the pound for the release of dogs at the times and on the days of the week as are determined by the CEO. 2.3 Release of impounded dog (1) A claim for the release of a dog seized and impounded is to be made to the pound keeper or in the absence of the pound keeper, to the CEO. (2) The pound keeper is not to release a dog seized and impounded to any person unless that person has produced, to the satisfaction of the pound keeper, satisfactory evidence— (a) of her or his ownership of the dog or of her or his authority to take delivery of it; or (b) that he or she is the person identified as the owner on a microchip implanted in the dog. PART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 3.1 Dogs to be confined (1) An occupier of premises on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; (c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; (d) maintain the fence and all gates and doors in the fence in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) Where an occupier fails to comply with subclause (1), he or she commits an offence. (3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act and Regulations. Penalty: $2,000. 3.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 4 as an approved kennel establishment; or (b) granted an exemption under section 26(3) of the Act. (2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act— (a) 2 dogs over the age of 3 months and the young of those dogs under that age if the premises are situated within a townsite; or (b) 4 dogs over the age of 3 months and the young of those dogs under that age if the premises are situated outside a townsite. PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Interpretation In this Part and in Schedule 2— licence means a licence to keep an approved kennel establishment on premises; licensee means the holder of a licence; premises, in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence; and transferee means a person who applies for the transfer of a licence to her or him under clause 4.14. 4.2 Application for licence for approved kennel establishment An application for a licence must be made in the form of that in Schedule 1, and must be lodged with the local government together with— (a) plans and specifications of the kennel establishment, including a site plan; (b) copies of the notices to be given under clause 4.3; (c) written evidence that either the applicant or another person who will have the charge of the dogs, will reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare;

5 March 2021 GOVERNMENT GAZETTE, WA 915 (d) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; and (e) the fee for the application for a licence referred to in clause 4.10(1). 4.3 Notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining the premises. (2) The notices in subclause (1) must specify that— (a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days of the date the notice is given; and (b) the application and plans and specifications may be inspected at the offices of the local (3) Where— (a) the notices given under subclause (1) do not clearly identify the premises; or (b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises, then the local government may refuse to determine the application for a licence until the notices or notice, as the case may be, is given in accordance with its directions. 4.4 Exemption from notice requirements Where an application for a licence is made in respect of premises on which an approved kennel establishment is either a— (a) permitted use; or (b) use which the local government may approve subject to compliance with specified notice requirements, under a town planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply in respect of the application for a licence. 4.5 When application can be determined An application for a licence is not to be determined by the local government until— (a) the applicant has complied with clause 4.2; (b) the applicant submits proof that the notices referred to in clause 4.3(1) have been given in accordance with that clause; and (c) the local government has considered any written submissions received within the time specified in clause 4.3(2)(a) on the proposed use of the premises. 4.6 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 4.7; (b) any written submissions received within the time specified in clause 4.3(2)(a) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs. 4.7 Where application cannot be approved The local government cannot approve an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a town planning scheme; or (b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare. 4.8 Conditions of approval (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate. (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2.

916 GOVERNMENT GAZETTE, WA 5 March 2021 4.9 Compliance with conditions of approval A licensee who does not comply with the conditions of a licence commits an offence. Penalty: Where a dog involved in the contravention is a dangerous dog, $4,000 and a daily penalty of $400; otherwise $2,000 and a daily penalty of $200. 4.10 Fees (1) On lodging an application for a licence, the applicant is to pay a fee to the local government. (2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government. (3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the (4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 4.11 Form of licence The licence is to be in the form determined by the local government and is to be issued to the licensee. 4.12 Period of licence (1) The period of effect of a licence is set out in section 27(5) of the Act. (2) A licence is to be renewed if the fee referred to in clause 4.10(2) is paid to the local government prior to the expiry of the licence. (3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect. 4.13 Variation or cancellation of licence (1) The local government may vary the conditions of a licence. (2) The local government may cancel a licence— (a) on the request of the licensee; (b) following a breach of the Act, the Regulations or this local law; or (c) if the licensee is not a fit and proper person. (3) The date a licence is cancelled is to be, in the case of— (a) paragraph (a) of subclause (2), the date requested by the licensee; or (b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act. (4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence that has not yet expired. 4.14 Transfer (1) An application for the transfer of a valid licence from the licensee to another person must be— (a) made in the form determined by the local government; (b) made by the transferee; (c) made with the written consent of the licensee; and (d) lodged with the local government together with— (i) written evidence that a person will reside at or within reasonably close proximity to the premises the subject of the licence; and (ii) the fee for the application for the transfer of a licence referred to in clause 4.10(3). (2) The local government is not to determine an application for the transfer of a valid licence until the transferee has complied with subclause (1). (3) The local government may approve, whether or not subject to such conditions as it considers appropriate, or refuse to approve an application for the transfer of a valid licence. (4) Where the local government approves an application for the transfer of a valid licence, then on the date of approval, unless otherwise specified in the notice issued under clause 4.15(b), the transferee becomes the licensee of the licence for the purposes of this local law. 4.15 Notification The local government is to give written notice to— (a) an applicant for a licence of the local government’s decision on her or his application; (b) a transferee of the local government’s decision on her or his application for the transfer of a valid licence; (c) a licensee of any variation made under clause 4.13(1); (d) a licensee when her or his licence is due for renewal and the manner in which it may be renewed; (e) a licensee when her or his licence is renewed; (f) a licensee of the cancellation of a licence under clause 4.13(2)(a); and (g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.13(2), which notice is to be given in accordance with section 27(6) of the Act.

5 March 2021 GOVERNMENT GAZETTE, WA 917 4.16 Inspection of kennel With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time. PART 5—MISCELLANEOUS 5.1 Offence to excrete (1) A dog must not excrete on— (a) any thoroughfare or other public place; or (b) any land which is not a public place without the consent of the occupier. (2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence. Penalty: $100 (3) The person liable for the control of the dog does not commit an offence against subclause (2) if any excreta is removed immediately by that person. PART 6—ENFORCEMENT In this Part— infringement notice means the notice referred to in clause 6.3; and notice of withdrawal means the notice referred to in clause 6.6(1). (1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the third column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if— (a) the dog is not a dangerous dog; or (b) the dog is a dangerous dog, but an amount does not appear in the fourth column directly opposite that offence. (3) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is a dangerous dog. 6.3 Issue of infringement notice Where an authorised person has reason to believe that a person has committed an offence in respect of which a modified penalty may be imposed, he or she may issue to that person a notice in the form of Form 8 of the First Schedule of the Regulations. 6.4 Failure to pay modified penalty Where a person who has received an infringement notice fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty. 6.5 Payment of modified penalty A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case be allowed by the CEO, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgment. 6.6 Withdrawal of infringement notice (1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice by sending a notice in the form of Form 9 of the First Schedule of the Regulations. (2) A person authorised to issue an infringement notice under clause 6.3 cannot sign or send a notice of withdrawal. 6.7 Service An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it at or posting it to her or his address as ascertained from her or him, or as recorded by the local government under the Act, or as ascertained from inquiries made by the local government. ————