2114 GOVERNMENT GAZETTE, WA 12 April 2017
3.5 Imposing conditions under a policy
policy means a policy of the local government adopted by the Council containing conditions
subject to which an application for a permit may be approved under clause 3.3(1)(a).
(2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by
reference to a policy.
(3) The local government shall give a copy of the policy, or the part of the policy which is relevant to
the application for a permit, with the form of permit referred to in clause 3.3(2).
(4) An application for a permit shall be deemed not to have been approved subject to the conditions
contained in a policy until the local government gives the permit holder a copy of the policy or the
part of the policy which is relevant to the application.
(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy shall be
deemed to be information within section 5.94(u)(i) of the Act.
3.6 Compliance with and variation of conditions
(1) Where an application for a permit has been approved subject to conditions, the permit holder shall
comply with each of those conditions.
(2) The local government may vary the conditions of a permit, and the permit holder shall comply
with those conditions as varied.
Division 4—General
3.7 Duration of permit
A permit is valid for one year from the date on which it is issued, unless it is—
(a) otherwise stated in this local law or in the permit; or
(b) cancelled under clause 3.11.
3.8 Renewal of permit
(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the
renewal of the permit.
(2) The provisions of this Part shall apply to an application for the renewal of a permit as though it
were an application for a permit.
3.9 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 an endorsement on the permit signed by the CEO.
(4) Where the local government approves the transfer of a permit, it is not required to refund any part
of any fee paid by the former permit holder.
3.10 Production of permit
A permit holder is to produce to an authorised person her or his permit immediately upon being
required to do so by that authorised person.
3.11 Cancellation of permit
(1) Subject to clause 9.1, a permit may be cancelled by the local government if the permit holder has
not complied with a—
(a) condition of the permit; or
(b) determination or a provision of any written law which may relate to the activity regulated by
the permit.
(2) On the cancellation of a permit the permit holder—
(a) shall return the permit as soon as practicable to the CEO; and
(b) is to be taken to have forfeited any fees paid in respect of the permit.
Division 5—When a permit is required
3.12 Activities needing a permit
(1) A person shall not without a permit—
(a) subject to subclause (3), hire local government property;
(b) advertise anything by any means on local government property;
Section 2114 - Cemeteries Local Law 2017 - GOVERNMENT GAZETTE, WA 12 April 2017 | Zoe
12 April 2017 GOVERNMENT GAZETTE, WA 2115
(c) erect a structure for public amusement or for any performance, whether for gain or otherwise,
on local government property;
(d) teach, coach or train, for profit, any person in a pool area or an indoor recreation facility
which is local government property;
(e) plant any plant or sow any seeds on local government property;
(f) carry on any trading on local government property unless the trading is conducted—
(i) with the consent of a person who holds a permit to conduct a function, and where the
trading is carried on under and in accordance with the permit; or
(ii) by a person who has a licence or permit to carry on trading on local government
property under any written law;
(g) unless an employee of the local government in the course of her or his duties or on an area set
aside for that purpose—
(i) drive or ride or take any vehicle on to local government property; or
(ii) park or stop any vehicle on local government property;
(h) conduct a function on local government property;
(i) charge any person for entry to local government property, unless the charge is for entry to
land or a building hired by a voluntary non-profit organisation;
(j) light a fire on local government property except in a facility provided for that purpose;
(k) parachute, hang glide, abseil or base jump from or on to local government property;
(l) erect a building or a refuelling site on local government property;
(m) make any excavation on or erect or remove any fence on local government property;
(n) erect or install any structure above or below ground, which is local government property, for
the purpose of supplying any water, power, sewer, communication, television or similar
service to a person;
(o) depasture any horse, sheep, cattle, goat, camel, ass or mule on local government property; or
(p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly.
(2) The local government may exempt a person from compliance with subclause (1) on the application
of that person.
(3) The local government may exempt specified local government property or a class of local
government property from the application of subclause (1)(a).
3.13 Permit required to camp outside a facility
facility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping
Grounds Act 1995.
(2) This clause does not apply to a facility operated by the local government.
(3) A person shall not without a permit—
(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local
government property; or
(b) erect any tent, camp, hut or similar structure on local government property other than a
beach shade or windbreak erected for use during the hours of daylight and which is
dismantled during those hours on the same day.
(4) The maximum period for which the local government may approve an application for a permit in
respect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan
Parks and Camping Grounds Regulations 1997.
3.14 Permit required for possession and consumption of liquor
(1) A person, on local government property, shall not consume any liquor or have in her or his
possession or under her or his control any liquor, unless—
(a) that is permitted under the Liquor Control Act 1988; and
(b) a permit has been obtained for that purpose.
(2) Subclause (1) does not apply where the liquor is in a sealed container.
Division 6—Responsibilities of permit holder
3.15 Responsibilities of permit holder
A holder of a permit shall in respect of local government property to which the permit relates
(a) ensure that an authorised person has unobstructed access to the local government property
for the purpose of inspecting the property or enforcing any provision of this local law;
(b) leave the local government property in a clean and tidy condition after its use;
(c) report any damage or defacement of the local government property to the local government;
and
(d) prevent the consumption of any liquor on the local government property unless the permit
allows it and a licence has been obtained under the Liquor Control Act 1988 for that purpose.
2116 GOVERNMENT GAZETTE, WA 12 April 2017
PART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY
Division 1—Behaviour on and interference with local government property
4.1 Behaviour which interferes with others
A person shall not in or on any local government property behave in a manner which—
(a) is likely to interfere with the enjoyment of a person who might use the property; or
(b) interferes with the enjoyment of a person using the property.
4.2 Behaviour detrimental to property
(1) A person shall not behave in or on local government property in a way which is or might be
detrimental to the property.
(2) In subclause (1)—
detrimental to the property includes—
(a) removing any thing from the local government property such as a rock, a plant or a seat
provided for the use of any person; and
(b) destroying, defacing or damaging any thing on the local government property, such as a
plant, a seat provided for the use of any person or a building.
4.3 Taking or injuring any fauna
(1) A person shall not take, injure or kill or attempt to take, injure or kill any fauna which is on or
above any local government property, unless that person is authorised under a written law to do so.
animal means any living thing that is not a human being or plant; and
fauna means any animal indigenous to or which periodically migrates to any State or Territory
of the Commonwealth or the territorial waters of the Commonwealth and includes in relation
to any such animal—
(a) any class of animal or individual member;
(b) the eggs or larvae; or
(c) the carcass, skin, plumage or fur.
4.4 Intoxicated persons not to enter local government property
A person shall not enter or remain on local government property while under the influence of liquor or
a prohibited drug.
4.5 No prohibited drugs
A person shall not take a prohibited drug on to, or consume or use a prohibited drug on, local
government property.
Division 2—Signs
4.6 Signs
(1) A local government may erect a sign on local government property specifying any conditions of use
which apply to that property.
(2) A person shall comply with a sign erected under subclause (1).
(3) A condition of use specified on a sign erected under subclause (1) is—
(a) not to be inconsistent with any provision of this local law or any determination; and
(b) to be for the purpose of giving notice of the effect of a provision of this local law.
PART 5—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY
Division 1—Swimming pool areas
5.1 When entry must be refused
A Manager or an authorised 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) is—
(i) under the age of 10 years and who is unaccompanied by a responsible person over the
age of 16 years;
(ii) suffering from any gastrointestinal disease, skin infection or other disease that is
communicable in an aquatic environment; or
(iii) in an unclean condition; or
(iv) wearing unclean clothes; or
(v) under the apparent influence of alcohol, drugs or alcohol and drugs.
(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.
5.2 Consumption of food or drink may be prohibited
A person shall not consume any food or drink in an area where consumption is prohibited by a sign.
12 April 2017 GOVERNMENT GAZETTE, WA 2117
Division 2—Beaches
5.3 Powers of surf lifesaving club members
(1) Subject to subclause (2), the local government may authorise under section 9.10 of the Act the
members of a surf lifesaving club to perform all or any of the following functions in relation to a
beach—
(a) patrol any beach;
(b) carry out any activity on any beach;
(c) erect signs designating bathing areas and signs regulating, prohibiting or restricting specified
activities on the whole or any part of a beach or in or on the water adjacent to the beach and
to direct persons on the beach or in or on the water to comply with such signs;
(d) temporarily enclose any area with rope, hessian, wire or any other means for the conduct of
surf lifesaving club activities; and
(e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a
shark is suspected of being in the vicinity of a beach.
(2) Under subclause (1), the local government shall authorise only those members who have been
recommended by the surf lifesaving club as competent to perform the functions referred to in that
subclause in respect of which they are authorised.
(3) Under subclause (1), the local government may authorise members generally, or in relation to
particular times, days or months.
5.4 Authorising other persons
(1) A local government may authorise, under section 9.10 of the Act, a person to perform all or any of
the functions referred to in clause 5.3(1) in relation to a beach.
(2) Under subclause (1), the local government shall authorise only those persons who, in the
reasonable opinion of the local government, are competent to perform the functions referred to in
clause 5.3(1) in respect of which they are authorised.
(3) Under subclause (1), the local government may authorise a person generally, or in relation to
particular times, days or months.
(4) Where the local government has authorised members of a surf lifesaving club under clause 5.3(1)
and a person under subclause (1) in relation to the same beach, so that they can perform all or any of
the functions referred to in clause 5.3(1) contemporaneously, the local government is to specify which
authorisation is rendered ineffective when both are exercised.
5.5 Persons to comply with signs and directions
A person shall—
(a) not act in contravention of any sign erected on a beach under clause 5.3(1)(c);
(b) not enter an area which has been temporarily closed with rope, hessian, wire or any other
means for the conduct of surf lifesaving club activities, unless he or she is a member of the
club or has obtained permission to enter from the club; and
(c) comply with any direction given under clause 5.3(1)(c) or 5.3(1)(e),
notwithstanding that the sign or the direction was erected or given, as the case may be, by a person
referred to in clause 5.4(1).
Division 3—Fenced or closed property
5.6 No entry to fenced or closed local government property
A person must not enter local government property which has been fenced off or closed to the public
by a sign or otherwise, unless that person is authorised to do so by the local government.
Division 4—Toilet blocks and change rooms
5.7 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; or
(b) males, then a person of the female gender shall not 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.