26 April 2017 GOVERNMENT GAZETTE, WA 2211
LOCAL GOVERNMENT ACT 1995
SHIRE OF MERREDIN
ACTIVITIES ON THOROUGHFARES AND PUBLIC PLACES AND
TRADING AMENDMENT LOCAL LAW 2017
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling
it, the Council of the Shire of Merredin resolved on the 21 March 2017 to make the following local law.
Citation
This local law may be cited as the Shire of Merredin Activities on Thoroughfares and Public Places
and Trading Amendment Local Law 2017.
Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
Principal local law
In this local law the Shire of Merredin Activities in Thoroughfares and Public Places and Trading
Local Law as published in the Government Gazette on 7 October 2002 is the principal local law. The
principal local law is amended.
Preliminary
The principal local law is amended as follows—
(1) delete “authorized” wherever it appears in the local law and insert—
authorised
(2) delete “Liquor Licensing Act 1988” wherever it appears in the local law and insert—
Liquor Control Act 1988
(3) delete “Town Planning and Development Act 1928” wherever it appears in the local law and
insert—
Planning and Development Act 2005
(4) delete “Local Government (Miscellaneous Provisions) Act 1960” wherever it appears in the
local law and insert—
Building Act 2011
Clause 1.2 amended
In clause 1.2—
(a) Insert in alphabetical order—
nuisance means—
(a) an activity or condition which is harmful or annoying and which gives rise to legal
liability in the tort of public or private nuisance at law;
(b) an unreasonable interference with the use and enjoyment of a person of his or her
ownership or occupation of land; or
(c) interference which causes material damage to land or other property on the land
affected by the interference;
(b) Amend the definition “authorised person” by deleting “authorised by the local government”
and insert—
appointed by the local government
Clause 2.1 amended
Delete clause 2.1(a) and insert—
(a) plant any plant (except grasses or a similar plant) within 6 metres of an intersection;
Clause 2.6 amended
In clause 2.6 delete all the words after “surface,” and insert—
and which appears in Schedule 2.
Section 1 - Cemeteries Amendment Local Law 2017 - Cemeteries Amendment Local Law 2017 | Zoe
2212 GOVERNMENT GAZETTE, WA 26 April 2017
8. Clause 2.7 amended
In clause 2.7 delete “the townsite” and insert—
a townsite
9. Clause 2.8 amended
Delete clause 2.8(2)(d) and insert—
(d) a combination of any of the above.
10. Clause 3.2 amended
(1) In clause 3.2(2) delete the words “infrequent or”.
(2) In clause 3.2(3)(c) delete the words “or within 3 metres of”.
11. Clause 4.1 amended
In clause 4.1(2) after “hour” insert—
and provided with an ample and accessible supply of water for the time it is tethered
12. Clause 4.7 deleted
Delete clause 4.7.
13. Clause 5.1 amended
In clause 5.1—
(a) delete the Interpretation “protected flora” and insert—
specially protected flora has the meaning given to it in section 5 of the Biodiversity
Conservation Act 2016;
(b) delete the Interpretation “rare flora” and insert—
threatened flora has the meaning given to it in section 5 of the Biodiversity Conservation
Act 2016;
(c) delete all the words after “Roadside Conservation Committee” and insert—
means the Roadside Conservation Committee appointed by the Minister for the Environment.
14. Clause 5.4 amended
In clause 5.4 delete the words ‘Code of Practice for Roadside Conservation and Road Maintenance”
and insert—
‘Handbook of Environmental Practice for Road Construction and Road Maintenance Works’ (April
2005)’
15. Clause 5.7 amended
In clause 5.7(a) delete “protected flora and rare flora” and insert—
specially protected flora and threatened flora
16. Clause 5.11 deleted
Delete clause 5.11.
17. Clause 5.12 deleted
Delete clause 5.12.
18. Clause 5.16 replaced
Delete clause 5.16 delete and insert—
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 for burning between
31 August and 1 May of the following year where the intensity of the burn could damage native
flora and fauna.
19. Clause 6.2 amended
(1) In clause 6.2(1)(b) delete all the words after “assistant” and insert—
authorised by the holder of a valid stallholder’s permit.
(2) Delete clause 6.2(2)(b);
(3) In clause 6.2(2)(e) delete “; and” and insert a full stop;
(4) Delete clause 6.2(2)(f).
20. Clause 6.5 amended
(1) In clause 6.5(2)(c) after the semi colon insert—
or
(2) Delete clause 6.5(2)(d).
26 April 2017 GOVERNMENT GAZETTE, WA 2213
21. Clause 6.6 amended
In clause 6.6 (1)(l) after “insurance” insert—
, including public liability insurance, vehicle third party insurance under the provisions of the
Motor Vehicle (Third Party Insurance) Act 1943 and where employees are engaged workers
compensation insurance under the provisions of the Workers Compensation and Injury
Management Act 1981
22. Clause 6.8 amended
(1) In clause 6.8 (1)(c) delete “Weights and Measures Act 1915” and insert—
National Measurement Act 1960 (Cth)
(2) Delete subclause 2(a).
23. Clause 6.17 amended
(1) In clause 6.17 (b) delete “Health Act 1911” and insert—
“Food Act 2008”
(2) Delete clause 6.17(c).
24. Clause 6.18 amended
(1) Delete clause 6.18(1)(a).
(2) In clause 6.18(1)(d) delete “and” after “Facility;”.
(3) In clause 6.18(1)—
(a) in paragraph (e) delete the full stop and insert—
; and
(b) after paragraph (e) insert—
(f) provide a certificate of currency of public liability insurance to an amount of
$10,000,000.
25. Clause 7.7 amended
In clause 7.7(2) delete “mutatis mutandis” and insert—
with the necessary modifications
26. Clause 8.1 amended
In clause 8.1 delete “regulations 33 and 34” and insert—
regulation 33
27. Schedule 1 amended
Delete Schedule 1 and insert—
Schedule 1—Prescribed Offences
[Clause 10.4]
Item Clause Description Modified
Penalty $
1 2.1(a) Plant any plant within 6 metres of the intersection 150
2 2.1(b) Damaging lawn or garden 150
3 2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 150
4 2.1(d) Placing hazardous substance on footpath 150
5 2.1(e) Damaging or interfering with signpost or structure on
thoroughfare
450
6 2.1(f) Playing games so as to impede vehicles or persons on
thoroughfare
150
7 2.1(g) Riding of skateboard or similar device on mall or verandah of
shopping centre
150
8 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 150
9 2.2(1)(b) Throwing or placing anything on a verge without a permit 150
10 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without
a permit
150
11 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a
permit
300
12 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a
permit
300
13 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 450
14 2.2(1)(h) Felling tree onto thoroughfare without a permit 150
15 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 150
16 2.2(1)(j) Installing a hoist or other thing on a structure or land for use
over a thoroughfare without a permit
450
2214 GOVERNMENT GAZETTE, WA 26 April 2017
Item Clause Description Modified
Penalty $
17 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 150
18 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a
permit
150
19 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 150
20 2.3(1) Consumption or possession of liquor on thoroughfare 150
21 2.4(1) Failure to obtain permit for temporary crossing 300
22 2.5(2) Failure to comply with notice to remove crossing and reinstate
kerb
450
23 2.9(1) Installation of verge treatment other than permissible verge
treatment
300
24 2.10 Failure to maintain permissible verge treatment or placement of
obstruction on verge
150
25 2.11 Failure to comply with notice to rectify default 150
26 2.17(2) Failure to comply with sign on public place 150
27 2.19(1) Driving or taking a vehicle on a closed thoroughfare 450
28 3.2(1) Placing advertising sign or affixing any advertisement on a
thoroughfare without a permit
150
29 3.2(3) Erecting or placing of advertising sign in a prohibited area 150
30 4.1(1) Animal or vehicle obstructing a public place or local government
property
150
31 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 150
32 4.2(2)(b) Animal on public place with infectious disease 150
33 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 150
34 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 150
35 4.5 Person leaving shopping trolley in public place other than trolley
bay
150
36 4.6(2) Failure to remove shopping trolley upon being advised of location 150
37 5.6(1) Driving a vehicle on other than the carriageway of a flora road 300
38 5.9 Planting in thoroughfare without a permit 300
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
450
43 6.2(1) Conducting of stall in public place without a permit 450
44 6.3(1) Trading without a permit 450
45 6.8(1)(a) Failure of stallholder or trader to display or carry permit 150
46 6.8(1)(b) Stallholder or trader not displaying valid permit 150
47 6.8(1)(c) Stallholder or trader not carrying certified scales when selling
goods by weight
150
48 6.8(2) Stallholder or trader engaged in prohibited conduct 150
49 6.10 Performing in a public place without a permit 150
50 6.11(2) Failure of performer to move onto another area when directed 150
51 6.14 Failure of performer to comply with obligations 150
52 6.16 Establishment or conduct of outdoor eating facility without a
permit
450
53 6.18 Failure of permit holder of outdoor eating facility to comply with
obligations
150
54 6.20(1) Use of equipment of outdoor eating facility without purchase of
food or drink from facility
150
55 6.20(2) Failure to leave outdoor eating facility when requested to do so by
permit holder
150
56 7.5 Failure to comply with a condition of a permit 150
57 7.9 Failure to produce permit on request of authorised person 150
58 10.1 Failure to comply with notice given under local law 150
26 April 2017 GOVERNMENT GAZETTE, WA 2215
28. Schedule 2 inserted
After Schedule 1 insert—
Schedule 2—Acceptable Materials
[Clause 2.6]
General
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 10mm in diameter.
The material must be contained within the verge area at all times.
Paving
The verge may be fully paved subject to a street tree being planted in the verge if one does not
already exist. Where street trees are present there must be an area of open space a minimum of
one metre in diameter from the edge of the tree to the edge of the paving.
Paving is to consist of porous pavers or similar material is to be installed in a manner that can
easily be removed to access underground services.
In situations where it is found by the local government that 100% paving of the verge is causing
flooding the Shire may require the area of paving to be reduced.
————
Dated 5 April 2017.
The Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in
the presence of—
Cr KEN HOOPER, President.
GREG POWELL, Chief Executive Officer.
———————————
26 April 2017 GOVERNMENT GAZETTE, WA 2217
BUSH FIRES ACT 1954
LOCAL GOVERNMENT ACT 1995
SHIRE OF MERREDIN
BUSH FIRE BRIGADES AMENDMENT LOCAL LAW 2017
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 Merredin resolved on 21 March 2017 to make the
following local law.
Citation
This local law may be cited as the Shire of Merredin Bush Fire Brigades Amendment Local Law 2017.
Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
Principal local law
In this local law the Shire of Merredin Bush Fire Brigades Local Law as published in the Government
Gazette on 7 October 2002 is referred to as the principal local law. The principal local law is amended.
Clause 1.2 amended
In clause 1.2—
(a) delete the definition “Authority”;
(b) insert in alphabetical order the following definitions—
“Department” has the meaning given by section 3 of the Fire and Emergency Services
Act 1998;
“district” means the district of the local government;
“Schedule” means a Schedule to this local law;
(c) in definition “Rules” delete all the words after “Schedule”.
Clause 2.3 replaced
Delete clause 2.3 and insert—
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 bush fire 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.
(2) In the absence of the Captain, the bush fire control officer, in the order of seniority
determined, is to exercise all the powers and duties of the Captain.
(3) Where a bush fire 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 bush fire 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 firefighters.
Clause 2.4 amended
In clause 2.4(1) after “brigade” insert—
as set out in the First Schedule
Clause 2.5 deleted
Delete clause 2.5.
Clause 4.4 amended
In clause 4.4(f) delete “Authority’s” and insert—
Department’s
2218 GOVERNMENT GAZETTE, WA 26 April 2017
9. Clause 6.2 amended
In clause 6.2 delete “31 May” and insert—
28 February
10. Clause 6.3 amended
In clause 6.3 delete “31 March” and insert—
31 December
11. First Schedule clause 2.4 amended
Delete clause 2.4 of the First Schedule and insert—
2.4 Applications for membership
An application for membership is to be submitted to the Secretary, in writing, in the form as
determined by the local government from time to time.
12. First Schedule clause 2.6 amended
In clause 2.6 of the First Schedule—
(a) in the title delete “FESA” and insert—
Department
(b) delete all instances of the word “Authority” and insert—
Department
13. First Schedule clause 3.3 amended
In clause 3.3(1)(e) of the First Schedule delete all instances of the word “Authority” and insert—
Department
14. First Schedule clause 5.1 amended
In clause 5.1(1) of the First Schedule after “Chief” insert—
Bush
15. First Schedule clause 5.4 amended
In clause 5.4(1) of the First Schedule—
(a) delete “offices” and insert—
officers
(b) delete “of member” and insert—
or members
16. First Schedule clause 7.1 amended
In clause 7.1(2) of the First Schedule delete “1 May” and insert—
31 May
17. First Schedule clause 7.4 amended
Delete clause 7.4 of the First Schedule and insert—
7.4 Banking
(1) The funds of the bush fire brigade are to be placed in a bank account and payments are to
be approved on the joint authorisation of any 2 of the Captain, Secretary or Treasurer.
Authorisation can be by whatever means is considered by the bush fire brigade to be the
most convenient including the use of electronic fund transfers.
(2) If the Secretary/Treasurer is a combined position, the Captain and Secretary/Treasurer
are to jointly authorise payments referred to in subclause (1).
18. First Schedule clause 8.1 amended
In clause 8.1 of the First Schedule—
(a) in subclause (1) after “post” insert—
or by electronic communication
(b) in subclause (4)(c)—
(i) in subparagraph (ii) after the semi colon delete “or”;
(ii) in subparagraph (iii) after the semi colon insert—
or
(iii) after subparagraph (iii) insert—
(iv) an electronic communication;
(c) in subclause (4)(d)—
(i) in subparagraph (ii) after the semi colon delete “or”;
(ii) in subparagraph (iii) delete the full stop and insert a semi colon followed by—
or
(iii) after subparagraph (iii) insert—
(iv) at the time when the electronic communication becomes capable of being
retrieved by the addressee.
26 April 2017 GOVERNMENT GAZETTE, WA 2219
19. First Schedule clause 8.2 amended
In clause 8.2 of the First Schedule—
(a) in subclause (1) after “form” delete “of that appearing in this clause” and insert—
as determined by the local government
(b) in subclause (7) after “form” delete “set out below-” and insert—
as determined by the local government.
(c) delete the form headed “Proxy” that follows subclause (7).
————
Dated 5 April 2017.
The Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in
the presence of—
Cr KEN HOOPER, President.
GREG POWELL, Chief Executive Officer.
———————————
26 April 2017 GOVERNMENT GAZETTE, WA 2221
LOCAL GOVERNMENT ACT 1995
CEMETERIES ACT 1986
SHIRE OF MERREDIN
CEMETERIES AMENDMENT LOCAL LAW 2017
Under the powers conferred by the Cemeteries Act 1986, the Local Government Act 1995 and under all
other powers enabling it, the Council of the Shire of Merredin resolved on 21 March 2017 to make the
following local law.
Citation
This local law may be cited as the Shire of Merredin Cemeteries Amendment Local Law 2017.
Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
Principal local law
In this local law the Shire of Merredin Cemeteries Local Law as published in the Government Gazette
on 7 October 2002 is referred to as the principal local law. The principal local law is amended.
Clause 1.2 amended
In clause 1.2—
(a) delete the definitions “mausoleum” and “vault”;
(b) insert the following definitions in alphabetical order—
Act means the Cemeteries Act 1986;
animal means any animal but does not include an assistance animal;
assistance animal has the meaning given under section 9(2) of the Disability
Discrimination Act 1992 (Cth);
burial has the same meaning as given in the Act;
cemetery means the Shire of Merredin cemeteries, which the Governor, by order, has placed
under the care, control and management of the Board;
dead body has the same meaning given to it in the Act;
funeral includes the burial of a dead body and all associated processions and ceremonials but
does not include so much of the ceremonial that is solely a religious rite;
grant means a grant issued by the Board, of an exclusive right of burial in a grave;
grave means a specified area of the cemetery for burial;
memorial means a memorial plaque or memorial as described in this local law or as
otherwise approved by the Board;
Clause 3.2 deleted
Delete clause 3.2.
Clause 3.5 amended
In clause 3.5 delete “at least twenty four hours” and insert—
not less than 2 working days
Clause 4.1 amended
In clause 4.1 delete “the 30th day of” and insert—
30
Clause 5.1 amended
In clause 5.1(a) delete “or cremation”.
Clause 5.2 amended
In clause 5.2 delete “or cremation” and “or clause 3.2”.
2222 GOVERNMENT GAZETTE, WA 26 April 2017
10. Clause 5.3 amended
In clause 5.3—
(a) in the heading delete “Entry Restricted” and insert—
access and speed limitations
(b) delete clause 5.3(2) and insert—
(2) This clause shall not apply to vehicles or other motorised devices necessary to assist
persons with limited mobility, or to any other vehicle approved by the CEO.
(3) Vehicles shall proceed within the cemetery by the constructed roadway or other areas
designated for the use of vehicles and shall not exceed the speed indicated by signs.
11. Clause 5.4 deleted
Delete clause 5.4.
12. Clause 5.5 deleted
Delete clause 5.5.
13. Clause 5.6 amended
Delete clause 5.6(d) and insert—
(d) bury a dead body only when a permit to bury has been obtained for that body;
14. Part 5 Division 2 deleted
Delete Part 5 Division 2.
15. Clause 5.13 deleted
Delete clause 5.13.
16. Clause 5.14 deleted
Delete clause 5.14.
17. Clause 6.1 replaced
Delete clause 6.1 and insert—
6.1 Depth of graves
(1) A person shall not bury a coffin within the cemetery so that the distance from the top of
the coffin to the original surface of the ground is less than 750 mm.
(2) A person, with the permission of the CEO or authorised officer, may bury a coffin so that
the distance from the top of the coffin to the original surface of the ground is not less than
600 mm.
(3) The permission of the authorised officer in subclause (2) will only be granted where in the
opinion of the authorised officer exceptional circumstances require granting of that
permission.
18. Clause 6.2 replaced
Delete clause 6.2 and insert—
6.2 Re-opening a grave
(1) Subject to subclause (2), if for the purpose of re-opening a grave in the cemetery, the
Board finds it necessary to remove plants, grass, shrubs or other like matter from the
grave, then the person ordering the reopening of that grave shall bear the cost of the
removal and any necessary reinstatement.
(2) If the Minister orders the exhumation of a body in accordance with section 58 of the Act,
then the Minister may further order how and by whom the cost referred to in
subclause (1) should be met.
(3) In this clause, the word Minister has the same meaning as is given to that expression in
the Act.
19. Clauses 6.3 and 6.4 inserted
After clause 6.2 insert—
6.3 Exhumation of a coffin
(1) Subject to subclause (2), a person shall not exhume a coffin in the cemetery for the
purposes of re-burial within 12 months after the date of its interment.
(2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to
the Act.
(3) Subject to subclause (1) and (2), prior to any other exhumation, the holder of a grant
must have applied in writing to the Board requesting the exhumation and the Board
must have authorised the exhumation.
6.4 Opening of coffin
(1) A person shall not open a coffin in the cemetery unless—
(a) the coffin is opened for the purposes of the exhumation of a dead body; or
(b) that person has produced to the Board an order signed by the Commissioner of Police
and the Board has approved the opening of that coffin.
26 April 2017 GOVERNMENT GAZETTE, WA 2223
(2) In this clause Commissioner of Police means a Commissioner of Police for the time
being appointed under the Police Act 1892 and includes a person for the time being acting
in that capacity in the absence of the Commissioner of Police.
20. Clause 7.7 amended
In clause 7.7 delete “6pm” and insert—
6.00pm
21. Clause 7.8 amended
In clause 7.8 delete “, other than as a temporary marker and with” and insert—
without
22. Clause 7.17 amended
In clause 7.17 delete “the 30th day of” and insert—
30
23. Clause 8.1 amended
Delete clause 8.1 and insert—
8.1 Animals
A person shall not bring an animal into or permit an animal to remain in a cemetery, other than
an assistance animal, or with the approval of the CEO or an authorised person.
24. Clause 8.2 deleted
Delete clause 8.2.
25. Clause 8.3 amended
In clause 8.3 delete “8.4” and insert—
8.4(3)
26. Clause 8.4 replaced
Delete clause 8.4 and insert—
8.4 Flowers
(1) All flowers must be placed in vases or receptacles.
(2) No person shall plant trees, shrubs or plants in the cemetery without the prior approval
of the Board.
(3) 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.
27. Clause 8.9 inserted
After clause 8.8 insert—
8.9 Fireworks or firearms
(1) A person shall not bring or discharge any fireworks within the cemetery.
(2) A person shall not bring or discharge any firearms within the cemetery except members
of the police service and in the case of a military funeral, when firearms may be brought
into the cemetery and discharged by members of the Australian Defence Force.
28. Clause 9.2 amended
Delete clause 9.2 and insert—
9.2 Modified penalties
(1) Any offence against this local law may be dealt with under section 63 of the Act.
(2) The modified penalty payable in respect of an offence against this local law is set at $50.
(3) The prescribed form of the infringement notice referred to in section 63(1) of the Act is
the form as determined by the Board from time to time.
(4) The prescribed form of the notice withdrawing an infringement notice referred to in
section 63(3) of the Act is the form as determined by the Board from time to time.
29. First Schedule deleted
Delete the First Schedule.
30. Second Schedule deleted
Delete the Second Schedule.
31. Third Schedule deleted
Delete the Third Schedule.
————
Dated 5 April 2017.
The Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in
the presence of—
Cr KEN HOOPER, President.
GREG POWELL, Chief Executive Officer.
26 April 2017 GOVERNMENT GAZETTE, WA 2225
LOCAL GOVERNMENT ACT 1995
SHIRE OF MERREDIN
FENCING AMENDMENT LOCAL LAW 2017
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling
it, the Council of the Shire of Merredin resolved on the 21 March 2017 to make the following local law.
Citation
This local law may be cited as the Shire of Merredin Fencing Amendment Local Law 2017.
Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
Principal local law
In this local law the Shire of Merredin Local Laws Relating to Fencing as published in the
Government Gazette on 7 October 2002, is referred to as the principal local law. The principal local
law is amended.
Clause 4 amended
In clause 4—
(a) in alphabetical order insert—
(i) occupier has the meaning given to it in the Local Government Act 1995;
(ii) owner has the meaning given in the Act;
(b) delete the definition AS and insert—
AS/NZS means an Australian Standard or an Australian/New Zealand Standard published
by the Standards Australia;
(c) in the definition of lot delete “Town Planning and Development Act 1928” and insert—
Planning and Development Act 2005
(d) in the definition of town planning scheme delete “Town Planning and Development
Act 1928” and insert—
Planning and Development Act 2005
Clause 5 amended
In clause 5—
(a) in the heading delete “Licence”;
(b) delete “licence” where it appears;
(c) after “6.16” insert—
to 6.19
Clause 6 amended
In clause 6—
(a) delete subclause (1) and insert—
(1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient
fence, unless all owners of lands which adjoin the relevant boundary agree to erect a
fence which, though different does not fail to comply with the requirements of a
sufficient fence.
(b) delete all reference to “the First Schedule” and insert—
Schedule 1
(c) delete all reference to “the Second Schedule” and insert—
Schedule 2
(d) delete all reference to “the Third Schedule” and insert—
Schedule 3
2226 GOVERNMENT GAZETTE, WA 26 April 2017
7. Clause 7 amended
Delete clause 7(2) and clause 7(3) and insert—
(2) The Building Surveyor may approve the erection of a fence greater than 1200mm but not
exceeding 1500mm in the front setback area of a Residential Lot.
8. Clause 10 replaced
Delete clause 10 and insert—
10. General Discretion of the Local Government
(1) Notwithstanding the provisions of clause 6, the local government may approve the
erection or repair of a dividing fence which is not a sufficient fence where all of the
owners of the lots to be separated by the dividing fence make an application for approval
for that purpose.
(2) In determining whether to grant its approval under subclause (1), the local government
may consider whether the erection or retention of the fence would have an adverse effect
on—
(a) the safe or convenient use of any land;
(b) the safety or convenience of any person; or
(c) the visual amenity of the locality.
9. Clause 13 amended
In clause 13—
(a) delete subclause (2)(b) and insert—
(b) unless the fence, when constructed will comply with AS/NZS 3016:2002 Electrical
Installations—Electric Security Fences (as amended from time to time); and
(b) delete subclause (4) and insert—
(4) An application for a licence under this clause must—
(a) be in the form determined by the local government;
(b) be accompanied by any fee imposed by the local government under sections 6.16
to 6.19 of the Local Government Act 1995; and
(c) include—
(i) a written consent signed by the owner of the land on which the fence is
located or proposed to be located, unless the applicant is the owner of that
land; and
(ii) any further information which may be required by the local government.
(c) after subclause (5) insert—
(6) Where the local government approves an application for a licence under this clause, it
shall issue a licence to the applicant in the form determined by the local government.
10. Clause 14 amended
In clause 14 after the word “lot” insert—
, except where the licence has been cancelled under clause 15
11. Clause 16 amended
After clause 16(3) insert—
(4) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of
Schedule 3.1 of the Local Government Act 1995 and any power of entry exercised by the local
government under these local laws is subject to Part 3, Division 3 of the Local Government
Act 1995.
12. Clause 18 amended
In subclause (2) delete “$100” and insert—
$200
13. Clause 19 amended
In clause 19—
(a) in paragraph (a) delete “or substantially in the form of” and insert—
the form set out in
(b) in paragraph(b) delete “or substantially in the form of” and insert—
the form set out in
14. First Schedule amended
In the First Schedule delete “First Schedule” and insert—
Schedule 1
15. Second Schedule amended
In the title of the Second Schedule, delete “Second Schedule” and insert—
Schedule 2
26 April 2017 GOVERNMENT GAZETTE, WA 2227
16. Third Schedule amended
In the title of the Third Schedule, delete “Third Schedule” and insert—
Schedule 3
————
Dated 5 April 2017.
The Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in
the presence of—
Cr KEN HOOPER, President.
GREG POWELL, Chief Executive Officer.
———————————
26 April 2017 GOVERNMENT GAZETTE, WA 2229
LOCAL GOVERNMENT ACT 1995
SHIRE OF MERREDIN
LOCAL GOVERNMENT PROPERTY AMENDMENT
LOCAL LAW 2017
Under the powers conferred the Local Government Act 1995 and under all other powers enabling it,
the Council of the Shire of Merredin resolved on the 21 March 2017 to make the following local law.
Citation
This local law may be cited as the Shire of Merredin Local Government Property Amendment Local
Law 2017.
Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
Principal local law
In this local law the Shire of Merredin Local Government Property Local Law as published in the
Government Gazette on 7 October 2002 is referred to as the principal local law. The principal local law
is amended.
Preliminary
The principal local law is amended as follows—
(a) delete “Liquor Licensing Act 1988” wherever it appears in the local law and insert—
Liquor Control Act 1988
Clause 1.2 amended
In clause 1.2 insert the following definitions in alphabetical order—
aircraft means an aeroplane, helicopter, or other machine capable of flight;
Code means the Code of Practice for the Design, Operation, Management and Maintenance of
Aquatic Facilities, as published by the Executive Director Public Health, from time to time, in
accordance with the provisions of section 344A(2) of the Health Act 1911;
prohibited drug has the same meaning as given in section 3 of the Misuse of Drugs Act 1981;
Schedule means a Schedule to this local law;
Clause 2.7 amended
In clause 2.7(1)(c) delete “aeroplane” and insert—
aircraft
Clause 2.8 amended
Delete clause 2.8(1)(c) and insert—
(c) taking, riding or driving a vehicle or a particular class of vehicle on the property;
Clause 3.7 deleted
Delete clause 3.7.
Clause 3.9 amended
In clause 3.9(2) delete “mutatis mutandis” and insert—
as though it were an application for a permit
Clause 5.1 amended
Delete clause 5.1 and insert—
When entry may be refused
(1) A Manager or an authorized person shall refuse admission to, may direct to leave or shall
remove or cause to be removed from a pool area any person who—
(a) in her or his opinion is—
(i) under the minimum age of that specified in the Code and who is unaccompanied
by a responsible person over the age of that specified in the Code;
2230 GOVERNMENT GAZETTE, WA 26 April 2017
(ii) under the minimum age that specified in the Code and who is accompanied by a
responsible person over the age of that specified in the Code where the
responsible person is incapable of, or care, for that person;
(iii) suffering from any contagious, infectious or cutaneous disease or complaint, or is
in an unclean condition; or
(iv) under the influence of liquor or a prohibited drug;
(b) is to be refused admission under and in accordance with a decision of the local
government for breaching any clause of this local law.
(2) If a person referred to in paragraph (a) or (b) of subclause (1) is in a pool area, a Manager or
an authorized person must—
(a) direct the person to leave;
(b) if the person refuses or fails to leave, remove the person or arrange for the person to be
removed, from the pool area.
11. Clause 5.3 amended
Delete clause 5.3 and insert—
Only specified gender to use entry of toilet block or change room
(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet
block or change room is to be used by—
(a) females—then a person of the male gender shall not use that entry of the toilet block or
change room;
(b) males—then a person of the female gender shall not use that entry of the toilet block or
change room; or
(c) families—then, where the toilet block or change room is being used by a family, only an
immediate member of that family may use that entry of the toilet block or change room.
(2) Paragraphs (a) and (b) of subclause (1) do not apply to a child, when accompanied by a
parent, guardian or caregiver, where the child is—
(a) under the age of 8 years; or
(b) otherwise permitted by an authorised person to use the relevant entry.
12. Part 5 Division 4 deleted
Delete Part 5 Division 4.
13. Part 7 deleted
Delete Part 7.
14. Clause 8.1 amended
Delete “regulations 33 and 34” and insert—
regulation 33
15. Clause 10.4 amended
Delete clause 10.4(1) and clause 10.4(2) and insert—
Prescribed offences
(1) An offence against a clause of this local law is a prescribed offence for the purposes of
section 9.16(1) of the Act.
(2) The amount of the modified penalty for a prescribed offence is $150.
16. Schedule 1 deleted
Delete Schedule 1.
————
Dated 5 April 2017.
The Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in
the presence of—
Cr KEN HOOPER, President.
GREG POWELL, Chief Executive Officer.
———————————
26 April 2017 GOVERNMENT GAZETTE, WA 2231
LOCAL GOVERNMENT ACT 1995
SHIRE OF MERREDIN
STANDING ORDERS LOCAL LAW 2017
CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Application
1.4 Repeal
1.5 Interpretation
PART 2—CALLING MEETINGS
2.1 Ordinary and special Council meetings
2.2 Calling Council meetings
2.3 Convening Council meetings
2.4 Calling Committee meetings
2.5 Public notice of meeting
2.6 Production of documents
2.7 Conference of Committees
PART 3—BUSINESS OF THE MEETING
3.1 Business to be specified in the agenda
3.2 Order of business
3.3 Public question time
3.4 Petitions
3.5 Confirmation of minutes
3.6 Announcements by the Presiding Member
3.7 Matters for which meeting may be closed to members of the public
3.8 Motions of which previous notice has been given
3.9 Questions by members of which due notice has been given
3.10 Urgent business approved by the Presiding Member or by decision
3.11 Deputations
3.12 Attending Committee meetings as an observer
PART 4—PUBLIC ACCESS TO AGENDA MATERIAL
4.1 Inspection entitlement
4.2 Confidentiality of information withheld
4.3 Media attendance
4.4 Distinguished visitors
PART 5—DISCLOSURE OF INTERESTS
5.1 Disclosure of interests
PART 6—QUORUM
6.1 Quorum for meetings
6.2 Loss of quorum during a meeting
PART 7—KEEPING OF MINUTES
7.1 Content of minutes
7.2 Preservation of minutes
2232 GOVERNMENT GAZETTE, WA 26 April 2017
PART 8—CONDUCT OF PERSONS AT COUNCIL AND COMMITTEE MEETINGS
8.1 Official titles to be used
8.2 Members to occupy own seats
8.3 Leaving meetings
8.4 Adverse reflection
8.5 Recording of proceedings
8.6 Prevention of disturbance
8.7 Protection of employees
PART 9—CONDUCT OF MEMBERS DURING DEBATE
9.1 Members to rise
9.2 Priority
9.3 The Presiding Member to take part in debates
9.4 Relevance
9.5 Limitation on number of speeches
9.6 Duration of speeches
9.7 Members not to speak after conclusion of debate
9.8 Members not to interrupt
9.9 Re-opening discussion on decisions
PART 10—PROCEDURES FOR DEBATE OF MOTIONS
10.1 Permissible motions on report recommendations
10.2 Motions to be stated
10.3 Motions to be supported
10.4 Unopposed business
10.5 Only one substantive motion considered
10.6 Breaking down of complex questions
10.7 Order of call in debate
10.8 Limit of debate
10.9 Member may require questions to be read
10.10 Consent of seconder required to accept alteration of wording
10.11 Order of amendments
10.12 Amendments must not negate original motion
10.13 Mover of motion may speak on amendment
10.14 Substantive motion
10.15 Withdrawal of motion or amendments
10.16 Limitation of withdrawal
10.17 Personal explanation
10.18 Personal explanation—when heard
10.19 Ruling on questions of personal explanation
10.20 Right of reply
10.21 Right of reply provisions
PART 11—PROCEDURAL MOTIONS
11.1 Permissible procedural motions
11.2 No debate on procedural motions
11.3 Procedural motions—closing debate—who may move
11.4 Procedural motions—right of reply on substantive motion
PART 12—EFFECT OF PROCEDURAL MOTIONS
12.1 Council or Committee to proceed to the next business—effect of motion
12.2 Question to be adjourned—effect of motion
12.3 Council or Committee to now adjourn—effect of motion
12.4 Question to be put—effect of motion
12.5 Member to be no longer heard—effect of motion
12.6 Ruling of the Presiding Member disagreed with—effect of motion
12.7 Council or Committee to meet behind closed doors—effect of motion
PART 13—MAKING DECISIONS
13.1 Question—when put
13.2 Question—method of putting
PART 14—IMPLEMENTING DECISIONS
14.1 Implementation of a decision
PART 15—PRESERVING ORDER
15.1 The Presiding Member to preserve order
15.2 Demand for withdrawal
26 April 2017 GOVERNMENT GAZETTE, WA 2233
15.3 Points of order—when to raise—procedure
15.4 Points of order—when valid
15.5 Points of order—ruling
15.6 Points of order—ruling conclusive, unless dissent motion is moved
15.7 Points of order take precedence
15.8 Precedence of Presiding Member
15.9 Right of the Presiding Member to adjourn without explanation to regain order
PART 16—ADJOURNMENT OF MEETING
16.1 Meeting may be adjourned
16.2 Limit to moving adjournment
16.3 Unopposed business—motion for adjournment
16.4 Withdrawal of motion for adjournment
16.5 Time to which adjourned
PART 17—COMMITTEES OF THE COUNCIL
17.1 Establishment and appointment of Committees
17.2 Appointment of deputy Committee members
17.3 Presentation of Committee reports
17.4 Reports of Committees—questions
17.5 This local law applies to Committees
PART 18—ADMINISTRATIVE MATTERS
18.1 Suspension of this local law
18.2 Cases not provided for in this local law
PART 19—COMMON SEAL
19.1 Common seal
PART 20—ENFORCEMENT
20.1 Penalty for breach
20.2 Who can prosecute
26 April 2017 GOVERNMENT GAZETTE, WA 2235
LOCAL GOVERNMENT ACT 1995
SHIRE OF MERREDIN
STANDING ORDERS LOCAL LAW 2017
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling
it, the Council of the Shire of Merredin resolved on 21 March 2017 to make the following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law is the Shire of Merredin Standing Orders Local Law 2017.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
1.3 Application
All meetings of the Council, Committees and electors are to be conducted in accordance with the Act,
the Regulations and this local law.
1.4 Repeal
The Shire of Merredin Standing Orders Local Law as published in the Government Gazette on
7 October 2002 is repealed.
1.5 Interpretation
(1) In this local law, unless the contrary intention appears—
Act means the Local Government Act 1995;
absolute majority has the same meaning as given to it in the Act;
CEO means the Chief Executive Officer of the local government;
Committee means a Committee of the Council established under the Act;
Council means the Council of the local government;
Councillor has the same meaning as is given to it in the Act;
deputation means a verbal submission at a Council or Committee meeting on an agenda item
made by a person who has a direct interest in the agenda item;
employee means an employee of the local government;
implement in relation to a decision, includes—
(a) communicating notice of the decision to a person affected by, or with an interest in, the
decision; and
(b) taking other action to give effect to the decision;
local government means the Shire of Merredin;
member—
(a) in relation to the Council, means the President or a Councillor; and
(b) in relation to a Committee, means a member of the Committee;
Minister means the Minister responsible for administering the Act;
motion means a proposition presented to the Council for its deliberation;
officer means an officer of the local government;
original motion means the motion that first introduces a proposal to be considered at a meeting;
President means the President of the local government;
Presiding Member means—
(a) in respect of the Council, the Presiding Member in accordance with the Act; and
(b) in respect of a Committee, the Presiding Member in accordance with the Act;
procedural motion means a motion employed to control the conduct of a meeting;
2236 GOVERNMENT GAZETTE, WA 26 April 2017
Regulations means the Local Government (Administration) Regulations 1996;
simple majority means more than 50% of members present and voting;
substantive motion means an original motion or an original motion as amended, but does not
include an amendment or a procedural motion; and
urgent business means business dealt with in accordance with clause 3.10.
(2) Unless otherwise defined, the terms used in this local law have the meaning given to them in the
Act and the Regulations.
PART 2—CALLING MEETINGS
2.1 Ordinary and special Council meetings
(1) Ordinary and special Council meetings are dealt with in the Act.
(2) An ordinary meeting of the Council held on a monthly basis, or otherwise as determined by the
Council, is for the purpose of considering and dealing with the ordinary business of the Council.
(3) A special meeting of the Council is held for the purpose of considering and dealing with Council
business that is urgent, complex in nature, for a particular purpose or confidential.
2.2 Calling Council meetings
The calling of Council meetings is dealt with in the Act.
2.3 Convening Council meetings
The convening of Council meetings is dealt with in the Act.
2.4 Calling Committee meetings
The CEO is to call a meeting of any Committee when requested to do so verbally or in writing by—
(a) the President or the Presiding Member of a Committee; or
(b) any 2 members of the Committee; or
(c) if so decided by the Council.
2.5 Public notice of meeting
Public notice of meetings is dealt with in the Regulations.
2.6 Production of documents
(1) In this clause the term document means a deed, book, report, paper or any other written material
whatsoever or any other recorded or stored information.
(2) Upon the request of a member, made at least 8 hours before a meeting, the CEO is to make
available by the commencement of the meeting, any document of the local government that relates to
an item on the agenda for the meeting.
(3) Any document requested may be made available in the Council Chamber or in a place to which
members have reasonable access within the Council’s administration building.
(4) Notwithstanding subclause (1), (2) and (3), if the CEO considers that any document requested is
confidential, the CEO may make it available in any circumstances necessary to protect the integrity
of that document.
2.7 Conference of Committees
Any 2 or more Committees may confer together by mutual agreement on any matter of joint interest.
PART 3—BUSINESS OF THE MEETING
3.1 Business to be specified in the agenda
(1) No business is to be transacted at any ordinary meeting of the Council other than that specified in
the agenda, without the approval of the Presiding Member or a decision of the Council or Committee.
(2) No business is to be transacted at a special meeting of the Council other than that given in the
notice as the purpose of the meeting.
(3) No business is to be transacted at a Committee meeting other than that specified in the agenda of
the meeting, without the approval of the Presiding Member or a decision of the Committee.
(4) No business is to be transacted at an adjourned meeting of the Council or a Committee other than
that—
(a) specified in the agenda of the meeting which had been adjourned; and
(b) which remains unresolved,
except in the case of an adjournment to the next ordinary meeting of the Council or the Committee,
when the business unresolved at the adjourned meeting is to have precedence at that ordinary
meeting.
3.2 Order of business
(1) Unless otherwise decided by the Council the order of business at any ordinary meeting of the
Council is to be as follows—
Official opening
Record of attendance/apologies/leave of absence (previously approved)
26 April 2017 GOVERNMENT GAZETTE, WA 2237
3. Public question time
4. Disclosure of interest
5. Applications for leave of absence
6. Petitions and presentations
7. Confirmation of minutes of previous meeting
8. Announcement by the person presiding without discussion
9. Matters for which the meeting may be closed to the public
10. Receipt of minutes of committee meetings
11. Recommendations from committee meetings for Council consideration
12. Officer’s Reports—Development Services
13. Officer’s Reports—Engineering Services
14. Officer’s Reports—Corporate and Community Services
15. Officer’s Reports—Administration
16. Motions of which previous notice has been given
17. Questions by members of which due notice has been given
18. Urgent business approved by the person presiding or by decision
19. Matters behind closed doors
20. Closure.
(2) Unless otherwise decided by the members present, the order of business at any special meeting of
the Council or at a Committee meeting is to be the order in which that business stands in the agenda
of the meeting.
(3) Notwithstanding subclauses (1) and (2) in the order of business for any meeting of the Council or a
Committee, the provisions of the Act and Regulations relating to the time at which public question
time is to be held are to be observed.
(4) Notwithstanding subclause (1), the CEO may include on the agenda of a Council or Committee
meeting in an appropriate place within the order of business any matter which must be decided, or
which he or she considers is appropriately decided, by that meeting.
3.3 Public question time
(1) Procedures for public question time are dealt with in the Act and Regulations.
(2) A member of the public who raises a question during question time is to state his or her name and
address.
(3) Questions asked by members of the public are not to be accompanied by any statement reflecting
adversely upon any member or employee.
3.4 Petitions
(1) A petition, in order to be effective, is to—
(a) be addressed to the President;
(b) be made by electors of the district;
(c) state the request on each page of the petition;
(d) contain the names, addresses and signatures of the electors making the request, and the date
each elector signed;
(e) contain a summary of the reasons for the request;
(f) state the name of the person upon whom, and an address at which, notice to the petitioners
can be given;
(g) be in the form prescribed by the Act and Local Government (Constitution) Regulations 1998 if
it is—
(i) a proposal to change the method of filling the office of President; or
(ii) a submission about changes to wards, the name of a district or ward, or the number of
Councillors for a district or ward.
(2) Following the presentation of a petition a member may move that the Council receive the petition,
and refer it to an appropriate Committee for consideration.
3.5 Confirmation of minutes
(1) When minutes of a meeting are submitted to an ordinary meeting of the Council or Committee for
confirmation, if a member is dissatisfied with the accuracy of the minutes, then he or she is to—
(a) state the item or items with which he or she is dissatisfied; and
(b) propose a motion clearly outlining the alternative wording to amend the minutes.
(2) Discussion of any minutes, other than discussion as to their accuracy as a record of the
proceedings, is not permitted.
3.6 Announcements by the Presiding Member
(1) At any meeting of the Council or a Committee the Presiding Member may announce or raise any
matter of interest or relevance to the business of the Council or Committee, or propose a change to the
order of business.
2238 GOVERNMENT GAZETTE, WA 26 April 2017
(2) Any member may move that a change in order of business proposed by the Presiding Member not
be accepted and if carried by a majority of members present, the proposed change in order is not to
take place.
3.7 Matters for which meeting may be closed to members of the public
For the convenience of members of the public, the Council or Committee, may identify by decision any
matter on the agenda of the meeting requiring confidential consideration and that matter is to be
deferred for consideration as the last item of the meeting.
3.8 Motions of which previous notice has been given
(1) Unless the Act, Regulations or this local law otherwise provide, a member may raise at a meeting
such business as he or she considers appropriate, in the form of a motion, of which notice has been
given in writing to the CEO and which has been included in the agenda.
(2) A notice of motion under subclause (1) is to be given at least 7 clear working days before the
meeting at which the motion is moved.
(3) A notice of motion is to be accompanied by supporting reasons and relate to the good governance of
the local government.
(4) The CEO—
(a) with the concurrence of the President, may exclude from the agenda any notice of motion
deemed to be out of order or likely to involve a breach of this local law or any other written
law; or
(b) may after consultation with the member who gave notice of the motion make such
amendments to the form but not the substance thereof as will bring the notice of motion into
due form; and
(c) may under his or her name provide relevant and material facts and circumstances pertaining
to the notice of motion on such matters as policy, budget and law.
(5) A motion of which notice has been given is to lapse unless—
(a) the member who gave notice thereof, or some other member authorised by him or her in
writing, moves the motion when called on; or
(b) the Council on a motion agrees to defer consideration of the motion to a later stage or date.
(6) If a notice of motion is given and lapses in the circumstances referred to in subclause (5)(a), notice
of motion in the same terms or the same effect is not to be given again for at least 3 months from the
date of such lapse.
3.9 Questions by members of which due notice has been given
(1) A question on notice is to be given by a member in writing to the CEO at least 4 clear working
days before the meeting at which it is raised.
(2) If the question referred to in subclause (1) is in order, the answer is, so far as is practicable, to be
included in written form in the agenda of the meeting, or otherwise tabled at that meeting.
(3) Every question and answer is to be submitted as briefly and concisely as possible and no
discussion is to be allowed thereon, unless with the consent of the Presiding Member.
3.10 Urgent business approved by the Presiding Member or by decision
(1) Subject to subclauses (2) and (3), in cases of extreme urgency or other special circumstance,
matters may, with the consent of the Presiding Member, or by decision of the members present, be
raised without notice and decided by the meeting.
(2) Before a matter may be raised under subclause (1) the Presiding Member or a member otherwise
seeking to raise the matter is to state why the matter is considered to be of extreme urgency or other
special circumstance.
(3) If a member of the Council or Committee, as the case requires, objects to a matter being raised
without notice, any decision of the Council or Committee in regard to that matter does not have effect
unless it has been made by an absolute majority.
3.11 Deputations
(1) A deputation wishing to be received by the Council or a Committee is to apply in writing to the
CEO who is to forward the written request to the President or the Presiding Member, as the case may
be.
(2) The President, if the request is to attend a Council meeting, or the Presiding Member of the
Committee, if the request is to attend a meeting of a Committee, may either approve the request, in
which event the CEO is to invite the deputation to attend a meeting of the Council or Committee as
the case may be, or may instruct the CEO to refer the request to the Council or Committee to decide
by simple majority whether or not to receive the deputation.
(3) A deputation invited to attend a Council or Committee meeting—
(a) is not to exceed 3 persons, all of whom may address or respond to specific questions from the
members of the Council or Committee; and
(b) is not to address the Council or Committee for a period exceeding 15 minutes without the
agreement of the Council or the Committee as the case requires.
(4) Any matter which is the subject of a deputation to the Council or a Committee is not to be decided
by the Council or that Committee until the deputation has completed its presentation.
26 April 2017 GOVERNMENT GAZETTE, WA 2239
3.12 Attending Committee meetings as an observer
(1) The President or a Councillor may attend any meeting of a Committee as an observer, even if the
President or Councillor is not a member of that Committee.
(2) A deputy to a member of a Committee appointed under clause 17.2 may attend a meeting of that
Committee as an observer, even if the deputy is not acting in the capacity of the member.
(3) The President or Councillor in the case of subclause (1), or deputy to a member attending a
Committee meeting as an observer in the case of subclause (2), may, with the consent of the Presiding
Member, speak, but cannot vote on any motion before the Committee.
PART 4—PUBLIC ACCESS TO AGENDA MATERIAL
4.1 Inspection entitlement
Members of the public have access to agenda material in the terms set out in the Regulations.
4.2 Confidentiality of information withheld
(1) Information withheld by the CEO from members of the public under the Regulations, is to be—
(a) identified in the agenda of a Council or Committee meeting under the item “Matters for
which meeting may be closed to members of the public”; and
(b) marked “confidential” in the agenda; and
(c) kept confidential by members and employees until the Council or Committee resolves
otherwise.
(2) A member or an employee who has—
(a) confidential information under subclause (1); or
(b) information that is provided or disclosed for the purposes of or during a meeting, or part of a
meeting, that is closed to the public,
is not to disclose such information to any person other than a member or an employee to the extent
necessary for the purpose of carrying out his or her duties.
(3) Subclause (2) does not prevent a member or employee from disclosing information—
(a) at a closed meeting;
(b) to the extent specified by the Council and subject to such other conditions as the Council
determines;
(c) that is already in the public domain;
(d) to an officer of the Department;
(e) to the Minister;
(f) to a legal practitioner for the purpose of obtaining legal advice; or
(g) if the disclosure is required or permitted by law.
Penalty: $1,000
4.3 Media attendance
Media persons are to be permitted to attend meetings of the Council or Committees that are open to
the public, in such part of the Council Chamber or meeting room as may be set aside for their
accommodation, but must withdraw during any period when the meeting is closed to the public.
4.4 Distinguished visitors
If a distinguished visitor is present at a meeting of the Council or a Committee, the Presiding Member
may—
(a) invite the person to sit beside the Presiding Member or at the meeting table;
(b) acknowledge the presence of the distinguished visitor at an appropriate time during the
meeting; and
(c) direct that the presence of the distinguished visitor be recorded in the minutes.
PART 5—DISCLOSURE OF INTERESTS
5.1 Disclosure of interests
Disclosure of interests is dealt with in the Act.
PART 6—QUORUM
6.1 Quorum for meetings
The quorum for meetings is dealt with in the Act.
6.2 Loss of quorum during a meeting
(1) If at any time during the course of a meeting of the Council or a Committee a quorum is not
present—
(a) in relation to a particular matter because of a member or members leaving the meeting after
disclosing a financial interest, the matter is adjourned until either—
(i) a quorum is present to decide the matter; or
2240 GOVERNMENT GAZETTE, WA 26 April 2017
(ii) the Minister allows a disclosing member or members to preside at the meeting or to
participate in discussions or the decision making procedures relating to the matter
under the Act; or
(b) because of a member or members leaving the meeting for reasons other than disclosure of a
financial interest, the Presiding Member is to suspend the proceedings of the meeting for a
period of ten minutes, and if a quorum is not present at the end of that time, the meeting is
deemed to have been adjourned and the Presiding Member is to reschedule it to some future
time or date having regard to the period of notice which needs to be given under the Act,
Regulations, or this local law when calling a meeting of that type.
(2) Where debate on a motion is interrupted by an adjournment under subclause (1)(b)—
(a) the debate is to be resumed at the next meeting at the point where it was so interrupted; and
(b) in the case of a Council meeting—
(i) the names of members who have spoken on the matter prior to the adjournment are to
be recorded in the minutes; and
(ii) the provisions of clause 9.5 of this local law apply when the debate is resumed.
PART 7—KEEPING OF MINUTES
7.1 Content of minutes
The content of minutes is dealt with in the Regulations.
7.2 Preservation of minutes
Minutes including the agenda of each Council and Committee meeting are to be kept as a permanent
record of the activities of the local government and are to be transferred to the State Records Office
within the Department of Culture and the Arts, in accordance with the retention and disposal policy
determined by that office from time to time.
PART 8—CONDUCT OF PERSONS AT COUNCIL AND COMMITTEE MEETINGS
8.1 Official titles to be used
Members of the Council are to speak of each other in the Council or Committee by their respective
titles of President or Councillor. Members of the Council, in speaking of or addressing employees, are
to designate them by their respective official titles.
8.2 Members to occupy own seats
(1) At the first meeting held after each election day, the Council shall allot a position at the Council
table to each member.
(2) Each member is to occupy his or her allotted position at each Council meeting.
8.3 Leaving meetings
During the course of a meeting of the Council or a Committee no member is to enter or leave the
meeting without first advising the Presiding Member, in order to facilitate the recording in the
minutes of the time of entry or departure.
8.4 Adverse reflection
No member of the Council or a Committee is to use offensive or objectionable expressions in reference
to any member, employee of the Council, or any other person.
Penalty: $1,000
8.5 Recording of proceedings
(1) No person is to use any electronic, visual or audio recording device or instrument to record the
proceedings of the Council or a Committee without the written permission of the Council.
(2) If the Council gives permission under subclause (1), the Presiding Member is to advise the
meeting, immediately before the recording is commenced, that such permission has been given and
the nature and extent of that permission.
(3) If a member of the Council or Committee specifically requests, immediately after their use, that
any particular words used by a member be recorded in the minutes, the Presiding Member is to cause
the words used to be taken down and read to the meeting for verification and to then be recorded in
the minutes.
8.6 Prevention of disturbance
(1) Any member of the public addressing the Council or a Committee is to extend due courtesy and
respect to the Council or Committee and the processes under which they operate and must take
direction from the Presiding Member whenever called upon to do so.
Penalty: $1,000
(2) No person observing a meeting, is to create a disturbance at a meeting, by interrupting or
interfering with the proceedings, whether by expressing approval or dissent, by conversing or by any
other means.
Penalty: $1,000
26 April 2017 GOVERNMENT GAZETTE, WA 2241
8.7 Protection of employees
(1) For the purpose of this clause, complaint means any expression of censure or dissatisfaction
raised with the object, whether expressed or implied, of having remedial or disciplinary action taken
against the employee concerned.
(2) If at a meeting of the Council or a Committee, a complaint is received from a member of the
Council or any other person about the ability, character or integrity of any employee or of any act or
omission of an employee, and the person making the complaint has provided or is prepared to provide
details of the complaint in writing and sign the complaint, the Council or Committee may—
(a) if the complaint is about the CEO, direct the signed written complaint to the President who is
to refer the complaint to the Committee deemed most appropriate by the President to
investigate and report upon the matter; or
(b) if the complaint is about any other employee, refer the signed written complaint to the CEO,
who is to investigate the matter and report any action taken by him or her to the Council or
Committee.
(3) Where a complaint is received by the Council or a Committee and becomes the subject of an
investigation and report under subclause (2), the employee about whom the complaint is made, is to
be given the opportunity to answer the complaint in writing.
PART 9—CONDUCT OF MEMBERS DURING DEBATE
9.1 Members to rise
Every member of the Council wishing to speak is to indicate by show of hands or other method agreed
upon by the Council. When invited by the Presiding Member to speak, members may rise and address
the Council through the Presiding Member.
9.2 Priority
In the event of 2 or more members of the Council or a Committee wishing to speak at the same time,
the Presiding Member is to decide which member is entitled to be heard first. The decision is not open
to discussion or dissent.
9.3 The Presiding Member to take part in debates
Unless otherwise prohibited by the Act, and subject to compliance with procedures for the debate of
motions contained in this local law, the Presiding Member may take part in a discussion of any
matter before the Council or Committee as the case may be.
9.4 Relevance
Every member of the Council or a Committee is to restrict his or her remarks to the motion or
amendment under discussion, or to a personal explanation or point of order.
9.5 Limitation on number of speeches
No member of the Council is to address the Council more than once, on any motion or amendment
before the Council, unless they are the mover of a substantive motion in reply, raising a point of order
or making a personal explanation.
9.6 Duration of speeches
All addresses are to be limited to a maximum of 5 minutes. Extension of time is permissible only with
the agreement of a simple majority of members present, which is to be given without debate.
9.7 Members not to speak after conclusion of debate
No member of the Council or a Committee is to speak to any question after it has been put by the
Presiding Member.
9.8 Members not to interrupt
No member of the Council or a Committee is to interrupt another member of the Council or
Committee whilst speaking unless—
(a) to raise a point of order;
(b) to call attention to the absence of a quorum;
(c) to make a personal explanation under clause 10.17; or
(d) to move a motion under clause 11.1(e).
9.9 Re-opening discussion on decisions
No member of the Council or a Committee is to re-open discussion on any decision of the Council or
Committee, except for the purpose of moving that the decision be revoked or changed.
PART 10—PROCEDURES FOR DEBATE OF MOTIONS
10.1 Permissible motions on report recommendations
A recommendation contained in a report to Council may be adopted without amendment or
modification, failing which, it may be—
(a) rejected by the Council and replaced by an alternative decision; or
(b) amended or modified, and adopted with such amendment or modification; or
(c) referred back to a Committee or Council for further consideration.
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10.2 Motions to be stated
Any member of the Council or a Committee who moves a substantive motion or amendment to a
substantive motion is to state the substance of the motion before speaking to it.
10.3 Motions to be supported
No motion or amendment to a substantive motion is open to debate until it has been seconded, or, in
the case of a motion to revoke or change the decision made at a Council or a Committee meeting,
unless the motion has the support required under the Regulations.
10.4 Unopposed business
(1) Upon a motion being moved and seconded, the Presiding Member may ask the meeting if any
member opposes it.
(2) If no member signifies opposition to the motion the Presiding Member may declare the motion in
subclause (1) carried without debate and without taking a vote on it.
(3) A motion carried under subclause (2) is to be recorded in the minutes as a unanimous decision of
the Council or Committee.
(4) If a member signifies opposition to a motion, the motion is to be dealt with according to this Part.
(5) This clause does not apply to any motion or decision to revoke or change a decision which has been
made at a Council or Committee meeting.
10.5 Only one substantive motion considered
When a substantive motion is under debate at any meeting of the Council or a Committee, no further
substantive motion is to be accepted.
10.6 Breaking down of complex questions
The Presiding Member may order a complex question to be broken down and put in the form of
several motions, which are to be put in sequence.
10.7 Order of call in debate
The Presiding Member is to call speakers to a substantive motion in the following order—
(a) the mover to state the motion;
(b) a seconder to the motion;
(c) the mover to speak to the motion;
(d) the seconder to speak to the motion;
(e) a speaker against the motion;
(f) a speaker for the motion;
(g) other speakers against and for the motion, alternating in view, if any; and
(h) mover takes right of reply, which closes debate.
10.8 Limit of debate
The Presiding Member may offer the right of reply and put the motion to the vote if he or she believes
sufficient discussion has taken place, even though all members may not have spoken.
10.9 Member may require questions to be read
Any member may require the question or matter under discussion to be read at any time during a
debate, but not so as to interrupt any other member whilst speaking.
10.10 Consent of seconder required to accept alteration of wording
The mover of a substantive motion may not alter the wording of the motion without the consent of the
seconder.
10.11 Order of amendments
Any number of amendments may be proposed to a motion, but when an amendment is moved to a
substantive motion, no second or subsequent amendment is to be moved or considered until the first
amendment has been withdrawn or lost.
10.12 Amendments must not negate original motion
No amendment to a motion can be moved which negates the original motion or the intent of the
original motion.
10.13 Mover of motion may speak on amendment
Any member may speak during debate on an amendment.
10.14 Substantive motion
If an amendment to a substantive motion is carried, the motion as amended then becomes the
substantive motion, on which any member may speak and any further amendment may be moved,
subject to clause 10.12.
10.15 Withdrawal of motion or amendments
Council or a Committee may, without debate, grant leave to withdraw a motion or amendment upon
request of the mover of the motion or amendment, and with the approval of the seconder, provided
that there is no voice expressed to the contrary view by any member, in which case discussion on the
motion or amendment is to continue.
26 April 2017 GOVERNMENT GAZETTE, WA 2243
10.16 Limitation of withdrawal
Where an amendment has been proposed to a substantive motion, the substantive motion is not to be
withdrawn, except by consent of the majority of members present, until the amendment proposed has
been withdrawn or lost.
10.17 Personal explanation
No member is to speak at any meeting of the Council or a Committee, except upon the matter before
the Council or Committee, unless it is to make a personal explanation. Any member of the Council or
Committee who is permitted to speak under these circumstances is to confine the observations to a
succinct statement relating to a specific part of the former speech which may have been
misunderstood. When a member of the Council or Committee rises to explain, no reference is to be
made to matters unnecessary for that purpose.
10.18 Personal explanation—when heard
A member of the Council or a Committee wishing to make a personal explanation of matters referred
to by any member of the Council or Committee then speaking, is entitled to be heard immediately, if
the member of the Council or Committee then speaking consents at the time, but if the member of the
Council or Committee who is speaking declines to give way, the explanation is to be offered at the
conclusion of that speech.
10.19 Ruling on questions of personal explanation
The ruling of the Presiding Member on the admissibility of a personal explanation is final unless a
motion of dissent with the ruling is moved before any other business proceeds.
10.20 Right of reply
(1) The mover of a substantive motion has the right of reply. After the mover of the substantive
motion has commenced the reply, no other member is to speak on the question.
(2) The right of reply is to be confined to rebutting arguments raised by previous speakers and no new
matter is to be introduced.
10.21 Right of reply provisions
The right of reply is governed by the following provisions—
(a) if no amendment is moved to the substantive motion, the mover may reply at the conclusion
of the discussion on the motion;
(b) if an amendment is moved to the substantive motion, the mover of the substantive motion is
to take the right of reply, subject to clause 10.12, at the conclusion of the vote on any
amendments;
(c) the mover of any amendment does not have a right of reply; and
(d) once the right of reply has been taken, there can be no further discussion, nor any other
amendment, and the original motion or the original motion as amended is immediately put to
the vote.
PART 11—PROCEDURAL MOTIONS
11.1 Permissible procedural motions
In addition to proposing a properly worded amendment to a substantive motion, it is permissible for a
member to move the following procedural motions—
(a) that the Council or Committee proceed to the next business;
(b) that the question be adjourned;
(c) that the Council or Committee now adjourn;
(d) that the question be now put;
(e) that the member be no longer heard;
(f) that the ruling of the Presiding Member be disagreed with; and
(g) that the Council or Committee meet behind closed doors, if the meeting or part of the meeting
to which the motion relates is a matter in respect of which the meeting may be closed to
members of the public under the Act.
11.2 No debate on procedural motions
(1) The mover of a motion stated in each of subclauses (a), (b), (c), (f) and (g) of clause 11.1 may speak
to the motion for not more than 5 minutes, the seconder is not to speak other than to formally second
the motion, and there is to be no debate on the motion.
(2) The mover of a motion stated in each of subclauses (d) and (e) of clause 11.1 may not speak to the
motion, the seconder is not to speak other than to formally second the motion, and there is to be no
debate on the motion.
11.3 Procedural motions—closing debate—who may move
No person who has moved, seconded, or spoken for or against the substantive motion, or any
amendment, may move any procedural motion which, if carried, would close the debate on the
substantive motion or amendment.
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11.4 Procedural motions—right of reply on substantive motion
The carrying of a procedural motion which closes debate on the substantive motion or amendment,
and forces a decision on the substantive motion or amendment, does not deny the right of reply to the
mover of the substantive motion.
PART 12—EFFECT OF PROCEDURAL MOTIONS
12.1 Council or Committee to proceed to the next business—effect of motion
The motion in clause 11.1(a), if carried, causes the debate to cease immediately and for the Council or
Committee to move to the next business of the meeting. No decision will be made on the substantive
motion being discussed, nor is there any requirement for the matter to be again raised for
consideration.
12.2 Question to be adjourned—effect of motion
(1) The motion in clause 11.1(b), if carried, causes all debate on the substantive motion or amendment
to cease but to continue at a time stated in the motion.
(2) If the motion is carried at a meeting of the Council—
(a) the names of members who have spoken on the matter are to be recorded in the minutes; and
(b) the provisions of clause 9.5 apply when the debate is resumed.
12.3 Council or Committee to now adjourn—effect of motion
(1) The motion in clause 11.1(c), if carried, causes the meeting to stand adjourned until it is re-opened,
at which time the meeting continues from the point at which it was adjourned, unless the Presiding
Member or a simple majority of members upon vote determine otherwise.
(2) Where debate on a motion is interrupted by an adjournment under subclause (1)—
(a) the debate is to be resumed at the next meeting at the point where it was so interrupted; and
(b) in the case of a Council meeting—
(i) the names of members who have spoken on the matter prior to the adjournment are to
be recorded in the minutes; and
(ii) the provisions of clause 9.5 apply when the debate is resumed.
12.4 Question to be put—effect of motion
(1) The motion in clause 11.1(d), if carried during discussion of a substantive motion without
amendment, causes the Presiding Member to offer the right of reply and then immediately put the
matter under consideration without further debate.
(2) The motion in clause 11.1(d), if carried during discussion of an amendment, causes the Presiding
Member to put the amendment to the vote without further debate.
(3) The motion in clause 11.1(d), if lost, causes debate to continue.
12.5 Member to be no longer heard—effect of motion
The motion in clause 11.1(e), if carried, causes the Presiding Member to not allow the speaker against
whom the motion has been moved to speak to the current substantive motion or any amendment
relating to it, except to exercise the right of reply if the person is the mover of the substantive motion.
12.6 Ruling of the Presiding Member disagreed with—effect of motion
The motion in clause 11.1(f), if carried, causes the ruling of the Presiding Member about which this
motion was moved, to have no effect and for the meeting to proceed accordingly.
12.7 Council or Committee to meet behind closed doors—effect of motion
(1) Subject to any deferral under clause 3.7 or other decision of the Council or Committee, this motion,
if carried, causes the general public and any officer or employee the Council or Committee
determines, to leave the room.
(2) While a decision made under this clause is in force the operation of clause 9.5, limiting the number
of speeches a member of the Council may make, is suspended unless the Council decides otherwise.
(3) Upon the public again being admitted to the meeting, the Presiding Member, unless the Council or
Committee decides otherwise, is to cause the motions passed by the Council or Committee whilst it
was proceeding behind closed doors to be read out including the vote of a member or members to be
recorded in the minutes in accordance with the Act.
(4) A person who is a Council member, a Committee member, or an employee is not to publish, or
make public any of the discussion taking place on a matter discussed behind closed doors, but this
prohibition does not extend to the actual decision made as a result of such discussion and other
information properly recorded in the minutes.
Penalty: $1,000
PART 13—MAKING DECISIONS
13.1 Question—when put
When the debate upon any question is concluded and the right of reply has been exercised the
Presiding Member shall immediately put the question to the Council or the Committee, and, if so
desired by any member of the Council or Committee, shall again state it.
26 April 2017 GOVERNMENT GAZETTE, WA 2245
13.2 Question—method of putting
If a decision of the Council or a Committee is unclear or in doubt, the Presiding Member shall put the
motion or amendment as often as necessary to determine the decision from a show of hands or other
method agreed upon so that no voter’s vote is secret, before declaring the decision.
PART 14—IMPLEMENTING DECISIONS
14.1 Implementation of a decision
(1) If a notice of motion to revoke or change a decision of the Council or a Committee is received before
any action has been taken to implement that decision, then no steps are to be taken to implement or
give effect to that decision until such time as the motion of revocation or change has been dealt with,
except that—
(a) if a notice of motion to revoke or change a decision of the Council or a Committee is given
during the same meeting at which the decision was made, the notice of motion is of no effect
unless the number of members required to support the motion under the Regulations indicate
their support for the notice of motion at that meeting; and
(b) if a notice of motion to revoke or change a decision of the Council or a Committee is received
after the closure of the meeting at which the decision was made, implementation of the
decision is not to be withheld unless the notice of motion has the support in writing, of the
number of members required to support, the motion under the Regulations.
(2) Implementation of a decision is only to be withheld under subclause (1) if the effect of the change
proposed in a notice of motion would be that the decision would be revoked or would become
substantially different.
(3) The Council or a Committee shall not vote on a motion to revoke or change a decision of the
Council or Committee, whether the motion of revocation or change is moved with or without notice, if
at the time the motion is moved or notice is given—
(a) action has been taken to implement the decision; or
(b) where the decision concerns the issue of an approval or the authorisation of a licence, permit
or certificate, and where that approval or authorisation of a licence, permit or certificate has
been put into effect by the Council in writing to the applicant or the applicant’s agent by an
employee of the Council authorised to do so;
without having considered a statement of impact prepared by or at the direction of the CEO of the
legal and financial consequences of the proposed revocation or change.
PART 15—PRESERVING ORDER
15.1 The Presiding Member to preserve order
The Presiding Member is to preserve order, and may call any member or other person in attendance
to order, whenever, in his or her opinion, there is cause for so doing.
15.2 Demand for withdrawal
A member at a meeting of the Council or a Committee may be required by the Presiding Member, or
by a decision of the Council or Committee, to apologise and unreservedly withdraw any expression
which is considered to reflect offensively on another member or an employee, and if the member
declines or neglects to do so, the Presiding Member may refuse to hear the member further upon the
matter then under discussion and call upon the next speaker.
15.3 Points of order—when to raise—procedure
(1) Upon a matter of order arising during the progress of a debate, any member may raise a point of
order including interrupting the speaker.
(2) Any member, who is speaking when a point of order is raised, is to immediately stop speaking and
be seated while the Presiding Member listens to the point of order.
(3) A member raising a point of order is to specify one of the grounds of the breach of order before
speaking further on the matter.
(4) A member who is expressing a difference of opinion or contradicting a speaker is not to be taken as
raising a point of order.
15.4 Points of order—when valid
The following are to be recognised as valid points of order—
(a) that the discussion is of a matter not before the Council or Committee;
(b) that offensive or insulting language is being used; and
(c) drawing attention to the violation of any written law, or policy of the local government,
provided that the member making the point of order states the written law or policy believed
to be breached.
15.5 Points of order—ruling
(1) The Presiding Member is to give a decision on any point of order which is raised by either
upholding or rejecting the point of order.
2246 GOVERNMENT GAZETTE, WA 26 April 2017
(2) If a member persists in any conduct that the Presiding Member had ruled out of order under this
clause, the Presiding Member may direct the member to refrain from taking part in the debate of that
item, other than by voting, and the member must comply with that direction.
Penalty: $1,000
15.6 Points of order—ruling conclusive, unless dissent motion is moved
The ruling of the Presiding Member upon any question of order is final, unless a majority of the
members support a motion of dissent with the ruling.
15.7 Points of order take precedence
Notwithstanding anything contained in this local law to the contrary, all points of order take
precedence over any other discussion and until decided, suspend the consideration and decision of
every other matter.
15.8 Precedence of Presiding Member
(1) When the Presiding Member rises during the progress of a debate, any member of the Council or
Committee then speaking, or offering to speak, is to immediately sit down and every member of the
Council or Committee present shall preserve strict silence so that the Presiding Member may be
heard without interruption.
Penalty: $500
(2) Subclause (1) is not to be used by the Presiding Member to exercise the right provided in
clause 9.3, but to preserve order.
15.9 Right of the Presiding Member to adjourn without explanation to regain order
(1) If a meeting ceases to operate in an orderly manner, the Presiding Member may use discretion to
adjourn the meeting for a period of up to 15 minutes without explanation, for the purpose of regaining
order;
(2) Upon resumption, debate is to continue at the point at which the meeting was adjourned;
(3) If, at any one meeting, the Presiding Member has cause to further adjourn the meeting, such
adjournment may be to a later time on the same day or to any other day; and
(4) Where debate of a motion is interrupted by an adjournment under subclause (1), in the case of a
Council meeting—
(i) the names of members who have spoken in the matter prior to the adjournment are to be
recorded; and
(ii) the provisions of clause 9.5 apply when the debate is resumed.
PART 16—ADJOURNMENT OF MEETING
16.1 Meeting may be adjourned
The Council or a Committee may decide to adjourn any meeting to a later time on the same day, or to
any other day.
16.2 Limit to moving adjournment
No member is to move or second more than one motion of adjournment during the same sitting of the
Council or a Committee.
16.3 Unopposed business—motion for adjournment
On a motion for the adjournment of the Council or Committee, the Presiding Member, before putting
the motion, may seek leave of the Council or Committee to proceed to the transaction of unopposed
business.
16.4 Withdrawal of motion for adjournment
A motion or an amendment relating to the adjournment of the Council or a Committee may be
withdrawn by the mover, with the consent of the seconder, except that if any member objects to the
withdrawal, debate of the motion is to continue.
16.5 Time to which adjourned
The time to which a meeting is adjourned for want of a quorum, by the Presiding Member to regain
order, or by decision of the Council, may be to a specified hour on a particular day or to a time which
coincides with the conclusion of another meeting or event on a particular day.
PART 17—COMMITTEES OF THE COUNCIL
17.1 Establishment and appointment of Committees
A Committee is not to be established except on a motion setting out the proposed functions of the
Committee and either—
(a) the names of the Council members, employees and other persons to be appointed to the
Committee; or
(b) the number of Council members, employees and other persons to be appointed to the
Committee and a provision that they be appointed by a separate motion.
26 April 2017 GOVERNMENT GAZETTE, WA 2247
17.2 Appointment of deputy Committee members
(1) The Council may appoint one or more persons to be the deputy or deputies, as the case may be, to
act on behalf of a member of a Committee whenever that member is unable to be present at a meeting
thereof, and where 2 or more deputies are so appointed they are to have seniority in the order
determined by the Council.
(2) Where a member of a Committee does not attend a meeting thereof, a deputy of that member,
selected according to seniority, is entitled to attend that meeting in place of the member and act for
the member, and while so acting has all the powers of that member.
17.3 Presentation of Committee reports
When the report or recommendations of a Committee are placed before the Council, the adoption of
recommendations of the Committee is to be moved by—
(a) the Presiding Member of the Committee, if the Presiding Member is a Council Member and is
in attendance; or
(b) a Council member who is a member of the Committee, if the Presiding Member of the
Committee is not a Council member, or is absent; or
(c) otherwise, by a Council member who is not a member of the Committee.
17.4 Reports of Committees—questions
Subject to clause 10.1, when a recommendation of any Committee is submitted for adoption by the
Council, any member of the Council may direct questions directly relating to the recommendations
through the Presiding Member to the Presiding Member or to any member of the Committee in
attendance.
17.5 This local law applies to Committees
Where not otherwise specifically provided, this local law applies generally to the proceedings of
Committees, except that the following do not apply to the meeting of a Committee—
(a) clause 8.2, in regard to seating;
(b) clause 9.1, in respect of the requirement to rise; and
(c) clause 9.5, limitation on the number of speeches.
PART 18—ADMINISTRATIVE MATTERS
18.1 Suspension of this local law
(1) The Council or a Committee may decide, by simple majority vote, to suspend temporarily one or
more clauses of this local law.
(2) The mover of a motion to suspend temporarily any one or more clauses of this local law is to state
the clause or clauses to be suspended, and the purpose of the suspension.
18.2 Cases not provided for in this local law
The Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where
this local law and the Act and Regulations are silent. The decision of the Presiding Member in these
cases is final, except where a motion is moved and carried under clause 11.1(f).
PART 19—COMMON SEAL
19.1 Common seal
(1) The CEO is to have charge of the common seal of the local government, and is responsible for the
safe custody and proper use of it.
(2) The common seal of the local government may only be used on the authority of the Council given
either generally or specifically and every document to which the seal is affixed must be signed by—
(a) the President and the CEO or an appropriate officer authorised;
(b) the Deputy President and the CEO or an appropriate officer authorised; or
(c) the CEO and an appropriate officer authorised.
(3) The common seal of the local government is to be affixed to any local law which is made by the
local government.
(4) The CEO is to record in a register each date on which the common seal of the local government
was affixed to a document, the nature of the document, and the parties to any agreement to which the
common seal was affixed.
(5) Any person who uses the common seal of the local government or a replica thereof without
authority commits an offence.
PART 20—ENFORCEMENT
20.1 Penalty for breach
A person who breaches a provision of this local law commits an offence.
Penalty: $1,000 and a daily penalty of $100
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20.2 Who can prosecute
Who can prosecute is dealt with in the Act.
————
Dated 5 April 2017.
The Common Seal of the Shire of Merredin was affixed by authority of a resolution of the Council in
the presence of—
Cr KEN HOOPER, President.
GREG POWELL, Chief Executive Officer.
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