City of Albany Jetties, Bridges, Boat Pens and Swimming Structures Local Law 2020

6 October 2020 GOVERNMENT GAZETTE, WA 3559 JETTIES, BRIDGES, BOAT PENS AND SWIMMING STRUCTURES LOCAL LAW 2020 ARRANGEMENT 1.5 Definitions 1.6 Overriding power to hire and agree not limited

PART 2—USE OF JETTIES, BRIDGES AND LAND 2.1 Use of jetty, bridge or land 2.2 Mooring of Vessels 2.3 Mooring Lines 2.4 Authorised person may order removal of vessel 2.5 Restrictions on launching 2.6 Material not to be removed 2.7 Cargo on jetty 2.8 Removal of cargo 2.9 Handling of bulk cargo 2.10 Vehicles on jetty 2.11 No fishing from jetties or designated structures 2.12 Damage to bridge, jetty or swimming enclosure 2.13 Limitations on fishing 2.1 Cleaning fish on jetties 2.15 Explosives prohibited 2.16 Fires on jetty or bridge 2.17 Loitering on jetty or bridge 2.18 Obstruction of jetty or bridge 2.19 Polluting surrounding area 2.20 Liquor on jetties and bridges 2.21 Nuisance on jetties and bridges 2.22 Application for consent

PART 3—PENS AND PEN SYSTEMS 3.1 Licence requirement 3.2 Application for licence and application fee 3.3 Multiple ownership of vessels 3.4 Mooring of vessel 3.5 Licensee’s obligations 3.6 General prohibitions 3.7 Right of entry and execution of repairs 3.8 Removal of vessel 3.9 Termination of licence

3560 GOVERNMENT GAZETTE, WA 6 October 2020

PART 4—GENERAL PROVISIONS 4.1 Fees and charges 4.2 Recovery of debt due 4.3 Offences and Penalties 4.4 Costs of repair 4.5 Appointment of an authorised person 4.6 Designated areas 4.7 Breach/Termination Notice 4.8 When an authorised person can act 4.9 Objection and appeal rights

PART 5—DETERMINATIONS IN RESPECT OF SWIMMING STRUCTURES 5.1 Determinations as to use local government property 5.2 Procedure for making a determination 5.3 Discretion to erect sign 5.4 Determination to be complied with 5.5 Register of determinations 5.6 Amendment or revocation of a determination

SCHEDULE 1—DETERMINATIONS IN RESPECT OF JETTIES AND SWIMMING STRUCTURES

6 October 2020 GOVERNMENT GAZETTE, WA 3561 JETTIES, BRIDGES, BOAT PENS AND SWIMMING STRUCTURES LOCAL LAW 2020 Local Government Act 1995 and under all other powers enabling it, the Council of the City of Albany resolved on 11 August 2020 to make the following local law. This Local Law may be cited as the City of Albany Jetties, Bridges, Boat Pens, and Swimming Structures Local Law 2020. This Local Law will come into operation on the fourteenth day after the day on which it is published in the Government Gazette. (1) This local law applies to the jetties, bridges, boat pens and swimming structures under the control of the City of Albany and as published in the Government Gazette of 28 July 2020, in accordance with section 3.6 of the Local Government Act 1995, the Governor approved the local law to the extent that it will apply outside the district of the City of Albany. (2) This local law applies to the following areas located outside the district— (a) Lot 350, 7031 Swarbrick Street, Emu Point WA; (b) The area bounded by the low water mark of the Indian Ocean and extending for a distance 200 metres seaward from the coastal boundary of the district; and (c) The region bounded by— (i) the swimming enclosure; (ii) the coastal boundary of Lot 1474, Flinders Parade, Middleton Beach WA; and (iii) the coastal boundary of Lot 651, 2 Flinders Parade, Middleton Beach WA; on the date this local law came into operation. (3) This local law does not apply to the administration of Department of Transport assets, which includes the— (a) conditions of use of moorings and pens; and (b) imposition and collection of fees and charges. This Local Law repeals the City of Albany Jetties, Bridges and Boat Pens Local Law 2004 published in the Government Gazette on 31 January 2005 and as amended and published in the Government Gazette on 17 February 2006. 1.5 Definitions In this local law unless the context otherwise requires— authorised person means the CEO or a person appointed by the local government under section 9.10 of the Act to perform any of the functions of an authorised person under this local law; bait means food, or some substance, used as a lure in fishing; berth means— (a) to lie alongside jetties; or (b) to be connected or tied to a vessel lying alongside jetties; bridge means a structure spanning a body of water, road, railway line, chasm or the like and affording passage to vehicles or natural persons;

3562 GOVERNMENT GAZETTE, WA 6 October 2020 bulk cargo means bulk, unpacked produce or other materials such as grain, coal, oil, mineral ore, timber, sand or gravel; cargo means any goods, merchandise or freight which is to be loaded onto, or which has been unloaded from, a vessel, but does not include bulk cargo; CEO means the chief executive officer of the local government; designated area means an area set aside and appropriately identified by an authorised person to be used for particular purposes pursuant to clause 4.6 of this Local Law; Emu Point Boat Harbour Marina means the pen system located at Plantagenet Location 7031; explosive means a substance or article as defined in Dangerous Goods Safety Act 2004, Part 1, regulation 8 of the Dangerous Goods Safety (Explosives) Regulations 2007 (excluding emergency device) and includes fireworks; emergency device means an article, containing one or more explosives with or without other substances, that is designed to be used in distress or an emergency for signalling, warning or rescue purposes appropriately identified Dangerous Goods Safety Act 2004, Part 1, regulation 8 of the Dangerous Goods Safety (Explosives) Regulations 2007. fish has the meaning given to it by section 4 of the Fish Resources Management Act 1994; fishing has the meaning given to it by section 4 of the Fish Resources Management Act 1994; gidgee means an underwater tool used in spearfishing, consisting of a pole, a spear tip, and a rubber loop; jetty means— (a) any jetty, pier, wharf, quay, grid, slip, landing place, boat launching ramps, stage, platform (other than a platform that is a vessel for the purposes of the Western Australian Marine Act 1982) or similar structure, whether fixed or floating, erected or placed, wholly or in part, in, on or over any waters; and (b) any ramp and supporting structure for vessel access to a ramp which is or which may be used for the purpose of launching or landing a vessel; which is under the care, control or management of the local government; key means a device or object that provides security access, also known as a security access device, security access token or security access card, code or password. land backed facility means that part of a jetty which is not located over water and which is located over a foreshore area; liquor means a substance as defined in section 3 of the Liquor Licensing Act 1988; local government means the City of Albany; moor means to fasten or secure or connect a vessel to a mooring; mooring means something to which a vessel may be moored or fastened and includes an anchor, stake, ring bolts, fastenings, or mooring pile; mooring line means any line, rope, cable, chain or similar device used or capable of being used to fasten or secure a vessel to a mooring; mooring pile means any pile used or capable of being used to secure a vessel; owner means the person who is the lawful owner or the person legally entitled to the possession of any vessel, vehicle, cargo, property or chattel; pen means a specific area within a pen system for a vessel and does not include any adjacent jetty and walkway; pen system means a complex of interconnecting pens, and includes all jetties and walkways, which are under the care, control or management of the local government; person or any word or expression descriptive of a person includes a natural person, a public body, company or association or body of persons corporate or incorporate, but does not include the local government; petroleum has the meaning given to it by section 5 of the Petroleum and Geothermal Energy Resources Act 1967; pollution means pollution as defined in the Environmental Protection Act 1986; pollutant means any noxious, pollutant or offensive material whether solid or liquid, including but not limited to non-biodegradable chemicals or cleaning agents, rubbish, dirt, black water, sewage, oil, oily bilge water, sullage, fuel or the content of brine tanks, offal or litter (but excluding fish products or bait); prohibited drug has the meaning given to it by section 3 of the Misuse of Drugs Act 1981; Regulations mean the Local Government (Functions and General) Regulations 1996; seaworthy means that a vessel is fit for voyage traversing the sea; sign includes a notice, flag, mark, structure or device, including an electronic device, on which may be shown words, numbers, expressions, symbols or pictures; Swimming Structure means a structure designated for swimming and includes swimming enclosures also known as Shark Barriers, meaning a seabed-to-surface protective barrier that is placed around a beach to protect people from shark attacks. tout means to solicit custom;

6 October 2020 GOVERNMENT GAZETTE, WA 3563 utility services means municipal or public services and include the supply of water, electrical power, petroleum and waste and sewerage disposal services; vehicle means a vehicle described in the First Schedule to the Road Traffic Act 1974; and vehicle includes— (a) every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise (and includes a bicycle, a skateboard and a vessel that is outside the water and carried by a trailer); (b) plant or equipment such as cranes and lifting devices; and (c) an animal being ridden or driven, but excludes— (i) a wheel-chair or any device designed for use by a physically impaired person on a footpath; (ii) a pram, baby carriage, stroller or a similar device; (iii) a trolley; and (iv) a vessel; vessel means any kind of vessel, whether licensed or unlicensed, used or being capable of being used in navigation by water, however being propelled or moved, and without limiting the generality of the foregoing, includes— (a) a barge, lighter, floating restaurant, dinghy, vessel, tender vessel or other floating structure; (b) a jet-ski; and (c) an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water, but does not include structures used only for the purpose of walkways or storage; written law has the same meaning given to it by section 5 of the Interpretation Act 1984 and includes this local law. 1.6 Overriding power to hire and agree not limited Despite anything to the contrary in this local law the local government may— (a) hire the jetties or the land or any portion of the jetties or the land to a person; or (b) enter into an agreement with a person regarding the use or management of the jetties or the land or any portion of the jetties or the land. PART 2—USE OF JETTIES, BRIDGES AND LAND 2.1 Use of jetty, bridge or land (1) A person shall not land at, use, approach or enter upon a jetty or bridge except in accordance with this local law or any other written law. (2) A person shall not land at, use, approach or enter upon a jetty or bridge which is (a) under construction or repair; or (b) closed under section 6 of the Jetties Act 1926; unless that person is engaged in the construction or repair of that jetty or bridge in accordance with the written consent of the local government. 2.2 Mooring of Vessels (1) A person shall not moor to or berth a vessel at the jetties, or moor or berth a vessel on the Land— (a) unless the mooring or berthing of the vessel is authorised or permitted by the local government either by way of a sign affixed by the local government to the jetties or by written consent of the local government; and (b) other than in accordance with any conditions imposed by the local government under clause 3.5(1)(m). (2) Subclause (1) does not apply to— (a) a person who needs to moor to or berth a vessel at a jetty, or on the Land in an emergency; (b) a vessel in distress such as that repairs are required and then only to effect the minimum repairs necessary to enable the vessel to be moved elsewhere; (c) a person who uses the jetties under and in accordance with a written agreement with the local government; and (d) a person who has been exempted from subclause (1) by the local government. (3) A person shall not— (a) moor a vessel to a bridge, (b) moor a vessel to the jetties or any part of the jetties except to such moorings or mooring piles as are provided; or (c) permit a vessel to remain alongside the jetties unless the vessel is so moored or fastened.

3564 GOVERNMENT GAZETTE, WA 6 October 2020 2.3 Mooring Lines (1) The owner of a vessel must— (a) provide, use and adequately maintain mooring lines sufficient to ensure the safe mooring or berthing of the vessel; and (b) annually inspect the mooring lines and replace any mooring lines which are unfit for their intended purpose, so as to ensure that the mooring lines comply with any requirement under a written law or any condition imposed under clause 3.5. (2) Where the local government considers the mooring line of a vessel to be noncompliant with a requirement under a written law or a condition imposed under clause 3.2(2)(a), or to be faulty or unfit for the purpose for which it is used or to be used, the local government may issue a written direction to the owner of a vessel requiring within a specific timeframe— (a) the replacement of any mooring line; (b) the testing and certification of any mooring line as suitable for its purpose by a marine engineer or equivalent and the provision of such certification to the local government; or (c) the removal of the vessel from the Land. 2.4 Authorised person may order removal of vessel Notwithstanding anything to the contrary in this Local Law, a person shall immediately remove a vessel moored or fastened to or standing alongside a jetty or bridge, upon being directed to do so by an authorised person or a member of the police force. 2.5 Restrictions on launching A person shall not launch a vessel from or over any jetty, land (other than a boat ramp) or bridge unless she or he has first obtained the written consent of the local government. 2.6 Material not to be removed A person shall not remove or cause to be removed from a jetty or bridge, or from its approaches, any gravel, stone, timber, trees, shrubs, grasses or other material without the prior written consent of the 2.7 Cargo on jetty (1) A person shall— (a) not store or place cargo on a jetty unless it is to be loaded onto a vessel and that vessel is moored or fastened to or alongside the jetty; and (b) load cargo on to a vessel as soon as practicable after the vessel is moored or fastened to or alongside the jetty. (2) Any person unloading cargo from a vessel on to a jetty shall remove it from the jetty as soon as practicable, on the day on which the cargo was unloaded. (3) Boarding ramps and gangways shall— (a) be removed from a jetty after any passengers have embarked or disembarked and cargo has been loaded or unloaded, as the case may be; and (b) be placed in the appropriate designated area as defined by an authorised person. 2.8 Removal of cargo (1) An authorised person may direct an owner or a person who, in the opinion of the authorised person, is in charge of cargo, which remains on a jetty, land or bridge contrary to any provision of this Local Law, to remove it from the jetty or bridge. (2) Cargo which remains on a jetty, land or bridge contrary to this Local Law may be removed and impounded by an authorised person in accordance with Part 3, Division 3, Subdivision 4 of the Act, irrespective of whether a direction to remove the cargo has been given pursuant to subclause (1). 2.9 Handling of bulk cargo Except with the prior written consent of the local government, a person shall not place or deposit— (a) bulk cargo from a vehicle, vessel or container on to a jetty or bridge; or (b) a container containing bulk cargo on to a jetty or bridge. 2.10 Vehicles on jetty (1) A person shall not take onto or drive or ride a vehicle on the jetties or allow a vehicle to remain on the jetties without the written consent of the local government. (2) Subclause (1) does not apply when— (a) the vehicle is driven by a local government employee, authorised person or contractor engaged by the local government who is engaged in providing a service, maintaining or making a delivery in connection with the jetties; or (b) the person is driving an emergency vehicle in the course of his or her duties; or (c) boat launching ramps. (3) A person must not drive a vehicle or allow a vehicle to be driven on the jetties at a speed exceeding 10km per hour or in such a manner to cause danger to a person.

6 October 2020 GOVERNMENT GAZETTE, WA 3565 2.11 No fishing from jetties or designated structures (1) A person shall not— (a) fish from a designated swimming structure; (b) fish within a swimming enclosure; or (c) hang or spread fishing net on, over, under or from a designated swimming structure or enclosure. (2) Subclause (1) does not apply to the Ellen Cove Jetty. 2.12 Damage to bridge, jetty or swimming enclosure (a) A person shall not, by using a vessel or vehicle or otherwise, cause damage to a bridge, jetty or designated swimming structure owned by the local government. (b) Where damage is caused to a jetty or bridge, whether by a vessel or vehicle or otherwise, the local government may repair the damage and the costs of the repair shall be a debt due to the (c) The debt referred to in clause 2.12 (b) is payable— (i) where the damage is caused by the use of a vessel or vehicle, by the person in control of the vessel or vehicle at the time the damage occurs; (ii) where the damage is not caused by a vessel or vehicle, by the person or persons who caused the damage; or (iii) where the damage is caused by an agent or employee of the owner of the vessel or vehicle, and without prejudice to the liability of other persons, if any, by the owner of a vessel or vehicle. 2.13 Limitations on fishing (a) fish from a jetty or a bridge so as to— (i) obstruct or interfere with the free movement of a vessel approaching or leaving the jetty or the bridge; or (ii) interfere with the use of the jetty or the bridge by any other person or vehicle; or (b) hang or spread a fishing net on or over any part of a jetty or a bridge. 2.14 Cleaning fish on jetties A person shall not shell, gut, scale or clean fish, or deposit or discard bait or waste from a fish— (a) on a Boat Pen; (b) on a designated swimming structure; (c) on a Jetty, except in a place designated by way of a sign affixed by the local government or receptacle set aside by the local government, and subject to any conditions that may be specified on the receptacle or a sign. 2.15 Explosives prohibited Without the prior written consent of the local government, no person shall land, place or handle explosives (as defined) on a jetty or bridge. 2.16 Fires on jetty or bridge No person shall light, place or keep a fire upon a jetty or bridge. 2.17 Loitering on jetty or bridge No person shall loiter, lounge, camp or sleep or erect a tent, camp or fly on a jetty or bridge. 2.18 Obstruction of jetty or bridge (a) Without the written consent of the local government, cause any obstruction on a jetty or bridge or impede the free passage of other persons to, from or on a jetty or bridge. (b) Obstruct or hinder— (i) any authorised person, or worker engaged in the construction or repair of any jetty or bridge; or (ii) any authorised person acting in the course of his or her duties. (c) Without the prior written consent of the local government, place any advertising signage or fixture of any nature on a jetty or bridge or access to a jetty or bridge. 2.19 Polluting surrounding area (a) throw or cause to be thrown any glass, stone or other object, or any filth, dirt, rubbish, or other matter of a similar nature from a jetty or bridge; (b) tip or deposit anything on to a jetty or bridge so as to cause pollution; (c) deposit any offensive rubbish or offal into any rubbish bin located on the jetty or bridge; or (d) bring, deposit or release or permit to be bought, deposited or released black water, raw sewerage, oil, bilge water, sullage, fuel (except in a container designed for carrying fuel type)

3566 GOVERNMENT GAZETTE, WA 6 October 2020 or the content of brine tanks, fish products including fish carcasses (but excluding bait), shells and offal, whether solid or liquid, and regardless of whether or not it is dangerous, polluting or noxious in nature, onto a jetty or bridge or into the waters surrounding a jetty or bridge. 2.20 Liquor on jetties and bridges (1) A person shall not consume any liquor on a jetty or bridge. (2) A person shall not sell liquor on a jetty or bridge or from a vessel while moored to, or alongside a jetty or bridge. 2.21 Nuisance on jetties and bridges (a) without the written consent of the local government display any sign or advertisement or use any loud speaking device on a jetty or bridge; (b) tout while on, or within 200 metres of, a jetty or bridge; (c) dive from a jetty or bridge; or (d) interfere with any other person using a jetty or bridge. 2.22 Application for consent (1) Where a person is required to obtain the written consent of the local government under this Local Law, the person is to apply for that consent in the manner required by the local government. (2) The local government may, in accordance with sections 6.16 to 6.19 of the Act, determine and impose a fee for receipt of an application for consent made under clause 2.21(1). (3) If an application for consent is not made in the manner required by the local government or the fee, if any, which is charged to accompany that application is not paid, the local government may refuse to consider the application for consent. (4) The local government shall give its decision on an application for consent, in writing to the person who applied for that consent. PART 3—PENS AND PEN SYSTEMS 3.1 Licence requirement (1) No person shall, without first obtaining a licence from the local government, moor or anchor or cause any vessel to be moored or anchored, within a pen or pen system. (2) A person shall be permitted to live on board a vessel moored or anchored within a pen or pen system for no more than two consecutive days, providing that the occupation complies with the requirements of the relevant legislation. 3.2 Application for licence and application fee (1) Where a person is required to obtain a licence under this Part, that person is required to apply for the licence in the manner required by the local government. (2) The local government may, in accordance with sections 6.16 to 6.19 of the Act, determine and impose an application fee for a licence under clause 3.2(1). (a) The application for a licence must be made by the owner of the vessel; or (b) the owner’s agent who has the written authority to sign the application on behalf of the owner of the vessel. (3) The licence will be issued in the name of the owner of the vessel. (4) If an application for a licence is not made in the manner required by the local government or the fee, if any, which is charged to accompany that application is not paid, the local government may refuse to consider the application for a licence. 3.3 Multiple ownership of vessels Where ownership of vessels is shared between more than one person, the following will apply— (a) At the time of application, one designated pen holder will be nominated in writing. This Pen Holder will be responsible for— (i) All correspondence with the City of Albany, the City of Albany will not correspond with any other partners. (ii) Ensuring the vessel and its use is in compliance with the local law. (iii) Any local law infringements in relation to the use of this vessel or pen will be issued to, and the sole responsibility of this person. (iv) Payment of all fees and any penalty for non-payment. (v) Ensuring the vessels third party insurance coverage extends to use by any silent partners. (vi) Paying bond to the City and forwarding key to silent partners. (vii) Making application to the City for addition or removal of silent partners. (b) There can be up to 3 additional partners to whom the following conditions and responsibilities apply— (i) be required to sign and adhere with the local law while utilising the pen system.

6 October 2020 GOVERNMENT GAZETTE, WA 3567 (ii) the vessel s third party coverage must extend to use by these partners. (iii) The City of Albany will not undertake any correspondence with these partners—all correspondence will be the responsibility of the designated pen holder. (iv) The silent partners will be issued with a key, through the designated pen holder, who will be responsible for any applicable key bonds or communication in relation to key. (c) Transfer of designated pen holder—for the purpose of pen allocation and waitlisting (i) Once allocated, the designated penholder status cannot be transferred to any other person. (ii) In the event the designated pen holder sells, relinquishes or bequeaths their share in the vessel, the pen lease will be cancelled and silent partners shall have no claim in respect to lease of that pen. Silent partners may apply for lease of the given, or any other pen, in accordance with waitlist and other application process and procedure administered by the Manager of the Pen system. 3.4 Mooring of vessel (1) The licensee shall during the term of the licence— (a) provide, use and maintain mooring lines sufficient to ensure the safe mooring of the vessel within the pen or pen system, which shall not be less than the sizes listed below— Length of vessel Mooring Lines Diameter Up to 5m Not less than 12mm 5m to 8m Not less than 16mm 8m to 12m Not less than 20mm 12m to 15m Not less than 24mm (b) annually inspect the mooring lines and replace any mooring lines which are unfit for their intended purpose. (2) An authorised person may— (a) issue a written direction to a licensee, or, where applicable, to the person in charge of the vessel at the relevant time, requiring any mooring lines for a vessel to be refitted within a specified period where, in the opinion of that authorised person, the mooring lines are faulty or sub-standard; (b) notwithstanding clause 3.4(2)(a), refit any faulty or sub-standard mooring lines where it is the opinion of the authorised person that an emergency has arisen requiring such action to be taken; and (c) where a licensee fails to comply with a written direction issued under clause 3.4(2)(a) within the period specified in the written direction, refit or cause to be refitted the mooring lines. (3) Where mooring lines are refitted under clause 3.4(2)(c), the costs of the refit shall be a debt due to the local government, payable by the licensee. 3.5 Licensee’s obligations (1) During the term of the licence, the licensee shall— (a) keep and maintain the vessel in a state of good and substantial repair and in a clean, tidy, orderly and seaworthy condition; (b) keep and maintain the pen in which the licensee’s vessel is moored and any adjacent jetty or walkway in a clean, tidy and orderly condition; (c) ensure that, except during entry into and exit from the pen, no portion of the vessel moored in the pen shall extend beyond the boundaries of the pen; (d) ensure that the vessel shall not at any time interfere with, obstruct or impede the movement of any other vessels within the pen system; (e) ensure that the vessel shall not at any time interfere with, obstruct or impede the movement of any materials, goods or equipment along or over any jetty or walkway forming part of the pen system; (f) ensure that any vessel under the control of the licensee, his agent or employee, when approaching, using or leaving the pen is controlled in a cautious and seamanlike manner and does not cause a nuisance or damage to any other vessel, property or persons; (g) provide adequate fenders between the vessel and the dock, and when the vessel leaves the pen, mooring lines are coiled safely as to not create a tripping hazard; (h) ensure that hose pipes or electricity leads shall not be allowed to obstruct or create a hazard to persons walking within the pen system; (i) not leave any material, device or goods on any walkway or jetty; (j) pay all service fees and other fees (including water, electricity and fuel wharfage); (k) ensure the vessel is licensed with the relevant authorities; (l) upon expiry of license a copy of a boat renewal licence receipt is to be provided to the local government; (m) hold a third party insurance policy for the vessel housed in the pen or pen system;

3568 GOVERNMENT GAZETTE, WA 6 October 2020 (n) provide a copy of the third party insurance policy upon request; and (o) comply with all conditions attaching to the licence. (2) During the term of the licence, the licensee shall not— (a) permit any vessel other than the one described in the licence to use or to occupy the pen without the prior written, consent of the local government; (b) bring, deposit or release or permit to be bought, deposited or released any black water, raw sewerage, oil or fuel, fish products including fish carcases (but excluding bait), shells and offal, whether solid or liquid, and regardless of whether or not it is dangerous, polluting or noxious in nature, into or within the pen or the waters surrounding the pen. This does not prohibit a person from— (i) washing down their vessel, the pen, or the adjacent jetty or walkway, provided no non- biodegradable chemicals or cleaning agents are used; and (ii) cleaning fish on board their vessel or at any designated area for cleaning fish within the pen system; (iii) bringing fuel in approved containers onto or within the pen system for the purposes of refuelling. (c) store or keep, or permit to be stored or kept, on or in any vessel in the pen, or the pen system, any inflammable substance except that which is contained in tanks or lines which either form a permanent part of a vessel or which comply with the Uniform Shipping Laws Code 1981 (Cth) and the relevant regulations created under the Western Australian Marine Act 1982 (WA); (d) do or leave undone, or cause or permit to be done or left undone, in or upon the pen any act or thing which may— (i) cause damage; or (ii) become a nuisance, annoyance or inconvenience, to other users of the pen-system; (e) cause the entrance gate to the pen system to be held open by any manner whatsoever; (f) permit any animals to stray in or on any part of the pen system; (g) without the prior written consent of the local government, make any alteration or addition to the pen or any part thereof; (h) without the prior written consent of the local government, affix or exhibit, or cause or permit to be affixed or exhibited, on any part of the pen or vessel any poster, sign or advertisement other than a vessel’s registration numbers and name; (i) without the prior written consent of the local government, carry out or permit to be carried out any major structural work to the vessel in the pen or pen system; (j) operate or permit to be operated any noisy, noxious or objectionable engines, radios or other apparatus or machinery within the pen, so as to cause any nuisance or annoyance to another user of the pen system; (k) provide any person with the key (or any copy, duplicate or replica of the key) giving access to the pen system; (l) leave the vessel unattended in such a manner as to prevent the movement of another vessel in or out of its pen, or obstruct the movement of vessels in the pen system; (m) engage a vessel’s propulsion system while secured to a pen or pen system except when alighting (leaving/arriving) from the pen or carrying out mechanical repairs or testing; or (n) without the prior written consent of the local government, sub-lease the pen to a third party (this does not include names that appear as silent partners). 3.6 General prohibitions (1) A person shall not swim in the pen system without having first obtained written consent from the (2) A person shall not perform underwater repairs or hull cleaning in the pen system; (3) A person shall use power points and water taps provided within the pen system only with the appropriate connections and for the purpose of minor maintenance, and ensure all power cords are tagged and tested and in good order and repair, and not placed in the water. (4) A person shall not without obtaining the prior written consent of the local government, use a— (a) power point for longer than 3 hours; or (b) water tap for longer than 30 minutes, in a 24 hour period commencing at midnight. (3) A person shall not use a gidgee or spear gun in a pen system. 3.7 Right of entry and execution of repairs (a) An authorised person may, at any reasonable time during the term of the licence, enter upon and view the condition of the pen, the vessel and any mooring dolphins, buoys and lines or any part thereof. (b) An authorised person may give to the licensee a notice in writing requiring the licensee to execute any repairs and works within a stipulated time period that, in the reasonable opinion of the authorised person, are necessary to any of the things referred to in clause 3.7(a).

6 October 2020 GOVERNMENT GAZETTE, WA 3569 (c) The licensee shall execute all repairs and works required to be done within a reasonable time period by written notice given by an authorised person. (d) If the licensee does not, within the time specified in any notice issued under this clause, complete the repairs and works required in the notice, an authorised person may enter the mooring pen and complete the repairs and works required in the notice. (e) The cost of any repairs and works undertaken by the local government under clause 3.7(d) shall be a debt due to the local government payable by the licensee. (f) An authorised person may, at any reasonable time enter a pen for the purpose of making surveys or carrying out any works the local government may deem to be necessary without paying to the licensee any compensation, although any work shall be carried out with, the least inconvenience possible to the licensee. (g) An authorised person may enter a pen or a vessel, at any time when, in the reasonable discretion of the authorised person, an emergency exists. 3.8 Removal of vessel (1) An authorised person may, in any of the circumstances mentioned in Clause 4.8, move or cause to be moved any vessel located within a pen. (2) The costs of moving a vessel under this clause shall be a debt due to the local government, payable by the licensee. 3.9 Termination of licence (1) The local government may, on twenty-one (21) days written notice to the licensee, terminate a licence granted under clause 3.1 in the event of— (a) the annual service fee or any part thereof, payable by a licensee being in arrears for one calendar month after becoming due and payable; or (b) any default by a licensee in the due observance and performance of any of the requirements contained in this Local Law or any condition of the licence. (2) Termination of a licence pursuant to this clause will not prejudice the local government’s rights, powers and remedies in relation to any fee or other monies owed as a debt due to the local government under this Local Law or in relation to penalties for breach of this Local Law. (3) Upon the expiration or earlier termination of a licence granted under clause 3.1(1), the licensee shall remove the vessel from the pen within 7 days. If the licensee fails to remove the vessel within 7 days, the local government may remove and store the vessel and the costs of removing and storing the vessel shall be a debt due to the local government payable by the licensee. (4) Where a licence is terminated in accordance with clause 3.9 reapplication by the person holding the licence, either as a licence holder or silent partner, shall not be considered for a period of 12 months from effect of the licence termination (5) In the event of a licensee discontinuing the use of the pen he or she shall not be entitled to a refund of that part of any fee paid by the licensee in respect of a licence, the service fee or any other fees that may apply from time to time. (6) In the event of a breach by the licensee of any of the provisions of this Local Law, the licensee’s vessel may be removed, impounded and disposed of in accordance with Part 3, Division 3,

Subdivision 4 of the Act. PART 4—GENERAL PROVISIONS 4.1 Fees and charges Fees and charges may be imposed by the local government for the purposes of this Local Law in accordance with the requirements of sections 6.16 to 6.19. 4.2 Recovery of debt due Wherever this Local Law refers to a debt due to the local government, that amount may be recovered by the local government in a court of competent jurisdiction. 4.3 Offences and Penalties (1) Any person who fails to do anything required or directed to be done under this Local Law, or who does anything which under this Local Law that a person is prohibited from doing, commits an offence. (2) Any person who commits an offence under this Local Law is liable, upon conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. (3) An offence against any provision of this Local Law is a prescribed offence for the purpose of section 9.16(1) of the Act. (4) The modified penalty for an offence against any provision of this Local Law is $150. 4.4 Costs of repair Any person who causes damage to a jetty, bridge or pen under the care, control and management of the local government, whether or not they are committing an offence under this Local Law, shall pay the costs of repairing any damage caused to the local government.

3570 GOVERNMENT GAZETTE, WA 6 October 2020 4.5 Appointment of an authorised person The local government may appoint authorised persons under section 9.10 of the Act to perform any of the functions of an authorised person under this Local Law. 4.6 Designated areas (1) An authorised person may designate, and appropriately identify, a particular area on or within a bridge, jetty, swimming structure, or pen system, to be used for a particular purpose. (2) Subject to conditions that may be imposed by relevant Acts and associated Regulations (for example: a use or activity not allowed under Part 2 of the local law, may be approved with appropriate controls and a defined area). 4.7 Breach/Termination Notice Under a breach of the licensee’s obligations prescribed in part 3, that results in a termination notice a person will have 28 days to remove the vessel and all fixtures and fittings from the pen. 4.8 When an authorised person can act Notwithstanding the powers and functions of the authorised officer prescribed in parts 1, 2 and 3, no action shall be taken by an authorised officer unless such action is related to— (a) an inspection that serves to either verify compliance or remedy non-compliance with the conditions of the Local Law; (b) the rectification of a situation that could reasonably be expected to lead to either damage to private or public property or threaten personal safety; or (c) The overall efficient and effective management of the facility. 4.9 Objection and appeal rights When the local government makes a decision as to whether it will— (a) grant a person a licence under this local law; or (b) renew, vary, or cancel a licence that a person has under this local law, the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations shall apply to that decision. PART 5—DETERMINATIONS IN RESPECT OF JETTIES AND SWIMMING STRUCTURES 5.1 Determinations as to use local government property (1) The local government may make a determination in accordance with clause 5.2— (a) setting aside specified local government property for the pursuit of approved activities, such as swimming and/or fishing; (b) prohibiting a person from pursuing an activity on specified local government property; and (c) as to any matter ancillary or necessary to give effect to a determination. (2) The determinations in Schedule 1— (a) are to be taken to have been made in accordance with clause 5.2; (b) may be amended or revoked in accordance with clause 5.6; and (c) have effect on the commencement day. 5.2 Procedure for making a determination (1) The local government is to give local public notice of its intention to make a determination. (2) The local public notice referred to in subclause (1) is to state that— (a) the local government intends to make a determination, the purpose and effect of which is summarised in the notice; (b) a copy of the proposed determination may be inspected and obtained from the offices of the local government; and (c) submissions in writing about the proposed determination may be lodged with the local government within 21 days after the date of publication. (3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to— (a) give local public notice that the proposed determination has effect as a determination on and from the date of publication; (b) amend the proposed determination, in which case subclause (5) will apply; or (c) not continue with the proposed determination. (4) If submissions are received in accordance with subclause (2)(c) the Council is to— (a) consider those submissions; and (b) decide— (i) whether or not to amend the proposed determination; or (ii) not to continue with the proposed determination. (5) If the Council decides to amend the proposed determination, it is to give local public notice— (a) of the effect of the amendments; and (b) that the proposed determination has effect as a determination on and from the date of publication.

6 October 2020 GOVERNMENT GAZETTE, WA 3571 (6) If the Council decides not to amend the proposed determination, it is to give local public notice that the proposed determination has effect as a determination on and from the date of publication. (7) A proposed determination is to have effect as a determination on and from the date of publication of the local public notice referred to in subclauses (3), (5) and (6). (8) A decision under subclause (3) or (4) is not to be delegated by the Council. 5.3 Discretion to erect sign The local government may erect a sign on local government property to give notice of the effect of a determination which applies to that property. 5.4 Determination to be complied with A person shall comply with a determination. 5.5 Register of determinations (1) The local government is to keep a register of determinations made under clause 5.1, and of any amendments to or revocations of determinations made under clause 5.6. (2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for that purpose the register is to be taken to be information within section 5.94(u)(i) of the Act. 5.6 Amendment or revocation of a determination (1) The Council may amend or revoke a determination. (2) The provisions of clause 5.2 are to apply to an amendment of a determination as if the amendment were a proposed determination. (3) If the Council revokes a determination it is to give local public notice of the revocation and the determination is to cease to have effect on the date of publication. ———— Schedule 1 DETERMINATIONS IN RESPECT OF JETTIES AND SWIMMING STRUCTURES Location Description Determination of Use Emu Point Boat Pens—Lot 350, 7031 Swarbrick Street, Emu Point WA. No swimming from structures within the security controlled boat pen area. Emu Point Swimming Structure—Lot 1461, Roe Parade, Emu Point WA. No fishing on the swimming structure. Ellen Cove Swimming Enclosure and Swimming Platform—The coastal boundary of Lot 1474, Flinders Parade, Middleton Beach WA. No fishing permitted from the beach, in the area bounded by the Ellen Cove Swimming Enclosure. Ellen Cove Jetty—The coastal boundary of Lot 651, 2 Flinders Parade, Middleton Beach WA. Swimming permitted from the Jetty. Fishing permitted from the Jetty. ———— Dated this 14th day of September, 2020. The Common Seal of the City of Albany was affixed by the authority of the resolution of Council in the presence of— DENNIS WELLINGTON, Mayor. ANDREW SHARPE, Chief Executive Officer

PERTH, WEDNESDAY, 7 OCTOBER 2020 No. 170 SPECIAL MEETINGS PROCEDURE LOCAL LAW 2020

7 October 2020 GOVERNMENT GAZETTE, WA 3575 MEETINGS PROCEDURE LOCAL LAW 2020 TABLE OF CONTENTS 1.3 Application and intent 1.4 Interpretation 1.5 Repeal PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES 2.1 Establishment of committees 2.2 Types of committees 2.3 Delegation of some powers and duties to certain committees 2.4 Limits on delegation of powers and duties to certain committees 2.5 Appointment of committee members 2.6 Tenure of committee membership 2.7 Resignation of committee members 2.8 Register of delegations to committees 2.9 Committees to report PART 3—CALLING AND CONVENING MEETINGS 3.1 Ordinary and special Council meetings 3.2 Calling Council meetings 3.3 Convening Council meetings 3.4 Calling committee meetings 3.5 Public notice of meetings PART 4—PRESIDING MEMBER AND QUORUM

Division 1—Who presides 4.1 Who presides 4.2 When the Deputy President can act 4.3 Who acts if no President 4.4 Election of Presiding Members of committees 4.5 Election of Deputy Presiding Members of committees 4.6 Functions of Deputy Presiding Members 4.7 Who acts if no Presiding Member

Division 2—Quorum 4.8 Quorum for meetings 4.9 Reduction of quorum for Council meetings 4.10 Reduction of quorum for committee meetings 4.11 Procedure where no quorum to begin a meeting 4.12 Procedure where quorum not present during a meeting 4.13 Names to be recorded PART 5—BUSINESS OF A MEETING 5.1 Business to be specified 5.2 Order of business 5.3 Motions of which previous notice has been given 5.4 New business of an urgent nature 5.5 Adoption by exception resolution

3576 GOVERNMENT GAZETTE, WA 7 October 2020

PART 6—PUBLIC PARTICIPATION 6.1 Meetings generally open to the public 6.2 Meetings not open to the public 6.3 Question time for the public 6.4 Question time for the public at certain meetings 6.5 Minimum question time for the public 6.6 Procedures for question time for the public 6.7 Other procedures for question time for the public 6.8 Distinguished visitors 6.9 Deputations 6.10 Petitions 6.11 Presentations 6.12 Participation at committee meetings 6.13 Council may meet to hear public submissions 6.14 Public inspection of agenda materials 6.15 Confidentiality of information withheld 6.16 Recording of proceedings 6.17 Prevention of disturbance

PART 7—CONDUCT OF MEMBERS 7.1 Members to be in their proper places 7.2 Respect to the Presiding Member 7.3 Titles to be used 7.4 Advice of entry or departure 7.5 Members to indicate their intention to speak 7.6 Priority of speaking 7.7 Presiding Member may take part in debates 7.8 Relevance 7.9 Speaking twice 7.10 Duration of speeches 7.11 No speaking after conclusion of debate 7.12 No interruption 7.13 Personal explanations 7.14 No reopening of discussion 7.15 Adverse reflection 7.16 Withdrawal of offensive language

PART 8—PRESERVING ORDER 8.1 Presiding Member to preserve order 8.2 Point of order 8.3 Procedures on a point of order 8.4 Calling attention to breach 8.5 Ruling by the Presiding Member 8.6 Continued breach of order 8.7 Right of Presiding Member to adjourn

PART 9—DEBATE OF SUBSTANTIVE MOTIONS 9.1 Motions to be stated 9.2 Motions to be supported 9.3 Unopposed business 9.4 Only one substantive motion at a time 9.5 Order of call in debate 9.6 Limit of debate 9.7 Member may require motion to be read 9.8 Consent of seconder required for alteration 9.9 Order of amendments 9.10 Form of an amendment 9.11 Amendment must not negate original motion 9.12 Relevance of amendments 9.13 Mover of motion may speak on amendment 9.14 Effect of an amendment 9.15 Withdrawal of motion or amendment 9.16 Right of reply

PART 10—PROCEDURAL MOTIONS 10.1 Permissible procedural motions 10.2 No debate 10.3 Who may move 10.4 Procedural motions—right of reply on substantive motion 10.5 Debate to be adjourned 10.6 Meeting now adjourn 10.7 Motion to be put 10.8 Member to be no longer heard 10.9 Ruling of the Presiding Member to be disagreed with

7 October 2020 GOVERNMENT GAZETTE, WA 3577 PART 11—DISCLOSURE OF INTERESTS 11.1 Disclosure of interests PART 12—VOTING 12.1 Motion—when put 12.2 Voting 12.3 Majorities required for decisions 12.4 Method of taking vote

PART 13—MINUTES OF MEETINGS 13.1 Keeping of minutes 13.2 Content of minutes 13.3 Public inspection of unconfirmed minutes 13.4 Confirmation of minutes

PART 14—ADJOURNMENT OF MEETING 14.1 Meeting may be adjourned 14.2 Effect of adjournment

PART 15—REVOKING OR CHANGING DECISIONS 15.1 Requirements to revoke or change decisions 15.2 Limitations on powers to revoke or change decisions 15.3 Implementing a decision

PART 16—SUSPENSION OF LOCAL LAWS 16.1 Suspension of local laws 16.2 Where local laws do not apply

PART 17—MEETINGS OF ELECTORS 17.1 Electors’ general meetings 17.2 Matters for discussion at electors’ general meetings 17.3 Electors’ special meetings 17.4 Requests for electors’ special meetings 17.5 Convening electors’ meetings 17.6 Who presides at electors’ meetings 17.7 Procedure for electors’ meetings 17.8 Participation of non-electors 17.9 Voting at electors’ meetings 17.10 Minutes of electors’ meetings 17.11 Decisions made at electors’ meetings

PART 18—ENFORCEMENT 18.1 Penalty for breach 18.2 Who can prosecute

7 October 2020 GOVERNMENT GAZETTE, WA 3579 MEETINGS PROCEDURE LOCAL LAW 2020 Local Government Act 1995 and under all other relevant powers, the Shire of Broome resolved on 23 September 2020 to make the following local law. This local law may be cited as the Shire of Broome Meetings Procedures Local Law 2020. This local law comes into operation 14 days after the date of their publication in the Government Gazette. 1.3 Application and intent (1) This local law provides rules and guidelines which apply to the conduct of meetings of the Council and its committees and to meetings of electors. (2) All meetings are to be conducted in accordance with the Act, the Regulations and this local law. (3) This local law is intended to result in— (a) better decision-making by the Council and committees; (b) the orderly conduct of meetings dealing with Council business; (c) better understanding of the process of conducting meetings; and (d) the more efficient and effective use of time at meetings. 1.4 Interpretation (1) In this local law unless the context otherwise requires— absolute majority has the meaning given to it in the Act; CEO means the Chief Executive Officer of the local government; committee means a committee of the Council established under section 5.8 of the Act; committee meeting means a meeting of a committee; Council means the Council of the Shire of Broome; District means the district of the local government; Local Government means the Shire of Broome; meeting means a meeting of the Council or a committee, as the context requires; Member has the meaning given to it in the Act; President means the President of the local government or other Presiding Member at a Council meeting under section 5.6 of the Act; Presiding Member means— (a) in respect of the Council, the person presiding under section 5.6 of the Act; and (b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the Act; Regulations means the Local Government (Administration) Regulations 1996; simple majority means more than 50% of the members present and voting; and, substantive motion means an original motion or an original motion as amended but does not include an amendment or a procedural motion. (2) Unless otherwise defined in this local law, the terms and expressions used in this local law are to have the meaning given to them in the Act and Regulations.

3580 GOVERNMENT GAZETTE, WA 7 October 2020 1.5 Repeal This local law repeals the Shire of Broome Standing Orders Local Law 2003 as published in the Government Gazette on 28 November 2003 and as amended in the Government Gazette on 30 July 2004 and 31 July 2012. PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES 2.1 Establishment of committees (1) The establishment of committees is dealt with in the Act. (2) A Council resolution to establish a committee under section 5.8 of the Act is to include— (a) the terms of reference of the committee; (b) the number of council members, officers and other persons to be appointed to the committee; (c) the names or titles of the council members and officers to be appointed to the committee; (d) the names of other persons to be appointed to the committee or an explanation of the procedure to be followed to determine the appointments; and (e) details of the delegation of any powers or duties to the committee under section 5.16 of the Act. (3) This local law is to apply to the conduct of committee meetings. 2.2 Types of committees The types of committees are dealt with in the Act. 2.3 Delegation of some powers and duties to certain committees The delegation of some powers and duties to certain committees is dealt with in the Act. 2.4 Limits on delegation of powers and duties to certain committees The limits on the delegation of powers and duties to certain committees are dealt with in the Act. 2.5 Appointment of committee members The appointment of committee members is dealt with in the Act. 2.6 Tenure of committee membership Tenure of committee membership is dealt with in the Act. 2.7 Resignation of committee members The resignation of committee members is dealt with in the Regulations. 2.8 Register of delegations to committees The register of delegations to committees is dealt with in the Act. 2.9 Committees to report A committee— (a) is answerable to the Council; and (b) is to report on its activities when, and to the extent, required by the Council. PART 3—CALLING AND CONVENING MEETINGS 3.1 Ordinary and special Council meetings (1) Ordinary and special Council meetings are dealt with in the Act. (2) An ordinary meeting of the Council, held on a monthly basis or otherwise as determined by the Council, is for the purpose of considering and dealing with the ordinary business of the Council. (3) A special meeting of the Council is held for the purpose of considering and dealing with Council business that is urgent, complex in nature, for a particular purpose or confidential. 3.2 Calling Council meetings The calling of Council meetings is dealt with in the Act. 3.3 Convening Council meetings (1) The convening of a Council meeting is dealt with in the Act. (2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the purposes of section 5.5 of the Act, in convening a special meeting of the Council. (3) Where, in the opinion of the President or at least one-third of the Members, there is a need to meet urgently, the CEO may give a lesser period of notice of a special Council meeting. 3.4 Calling committee meetings The CEO is to call a meeting of any committee when requested by the President, the Presiding Member of a committee or any two members of that committee. 3.5 Public notice of meetings Public notice of meetings is dealt with in the Regulations.

7 October 2020 GOVERNMENT GAZETTE, WA 3581 PART 4—PRESIDING MEMBER AND QUORUM Division 1—Who presides 4.1 Who presides Who presides at a Council meeting is dealt with in the Act. 4.2 When the Deputy President can act When the Deputy President can act is dealt with in the Act. 4.3 Who acts if no President Who acts if there is no President is dealt with in the Act. 4.4 Election of Presiding Members of committees The election of Presiding Members of committees and their deputies is dealt with in the Act. 4.5 Election of Deputy Presiding Members of committees The election of Deputy Presiding Members of committees is dealt with in the Act. 4.6 Functions of Deputy Presiding Members The functions of Deputy Presiding Members are dealt with in the Act. 4.7 Who acts if no Presiding Member Who acts if no Presiding Member is dealt with in the Act. Division 2—Quorum 4.8 Quorum for meetings The quorum for meetings is dealt with in the Act. 4.9 Reduction of quorum for Council meetings The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in the Act. 4.10 Reduction of quorum for committee meetings The reduction of a quorum for committee meetings is dealt with in the Act. 4.11 Procedure where no quorum to begin a meeting The procedure where there is no quorum to begin a meeting is dealt with in the Regulations. 4.12 Procedure where quorum not present during a meeting If at any time during a meeting a quorum is not present, the Presiding Member is— (a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and (b) if a quorum is not present at the expiry of that period, the Presiding Member is to adjourn the meeting to some future time or date. 4.13 Names to be recorded At any meeting— (a) at which there is not a quorum present; or (b) which is adjourned for want of a quorum, the names of the Members then present are to be recorded in the minutes. PART 5—BUSINESS OF A MEETING 5.1 Business to be specified (1) No business is to be transacted at any ordinary meeting of the Council other than that specified in the agenda, without the approval of the Presiding Member or the Council. (2) No business is to be transacted at a special meeting of the Council other than that given in the notice as the purpose of the meeting. (3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council other than that— (a) specified in the notice of the meeting which had been adjourned; and (b) which remains unresolved. (4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before considering Reports (Item 10) at that ordinary meeting. 5.2 Order of business (1) Unless otherwise decided by the Council the order of business at any ordinary meeting of the Council is to be as follows—

1. Declaration of Opening/Announcement of Visitors
2. Announcements from the Presiding Member

3582 GOVERNMENT GAZETTE, WA 7 October 2020 3. Attendance 3.1 Apologies 3.2 Approved leave of absence 4. Declaration of interest 5. Public Question Time 5.1 Response to previous public questions taken on notice 5.2 Public question time 6. Applications for leave of absence 7. Confirmation of minutes 8. Presentations 8.1 Petitions 8.2 Presentations 8.3 Deputations 8.4 Delegates’ reports 9. Method of dealing with agenda business 10. Reports 11. Motions of which previous notice has been given 12. Questions from Members without notice 13. New business of an urgent nature introduced by decision of the meeting 14. Meeting closed to public 14.1 Matters for which the meeting may be closed 14.2 Public reading of resolutions that may be made public 15. Closure (2) Unless otherwise decided by the Council, the order of business at any special meeting of the Council is to be the order in which that business stands in the agenda of the meeting. (3) In determining the order of business for any meeting of the Council, the provisions of the Act and Regulations relating to the time at which public question time is to be held are to be observed. [See section 5.24 of the Act; and regulations 6 and 7 of the Regulations] 5.3 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 on 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 relate to the good governance of the district. (4) The CEO— (a) may, with the concurrence of the President, exclude from the notice paper any notice of motion deemed to be, or likely to involve, a breach of any of this local law or any other written law; (b) will inform Members on each occasion that a notice has been excluded and the reasons for that exclusion; (c) may, after consultation with the Member where this is practicable, make such amendments to the form but not the substance as will bring the notice of motion into due form; and (d) may provide to the Council relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law. (5) A motion of which notice has been given is to lapse unless— (a) the Member who gave notice of it, or some other Member authorised by the originating Member in writing, moves the motion when called on; or (b) the Council on a motion agrees to defer consideration of the motion to a later stage or date. (6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms or to the same effect is not to be given again for at least 3 months from the date of such lapse. 5.4 New business of an urgent nature (1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the Presiding Member that is carried by the meeting, be raised without notice and decided by the meeting. (2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters that have arisen after the preparation of the agenda that are considered by the Presiding Member to be of such importance and urgency that they are unable to be dealt with administratively by the local government and must be considered and dealt with by the Council before the next meeting. 5.5 Adoption by exception resolution (1) In this clause ‘adoption by exception resolution’ means a resolution of the Council that has the effect of adopting, for a number of specifically identified reports, the officer recommendation as the Council resolution. (2) Subject to subclause (3), the local government may pass an adoption by exception resolution. (3) An adoption by exception resolution may not be used for a matter— (a) that requires an absolute majority;

7 October 2020 GOVERNMENT GAZETTE, WA 3583 (b) in which a financial, proximity or indirect financial interest has been disclosed; (c) that has been the subject of a petition or deputation; (d) that is a matter on which a Member wishes to make a statement; or (e) that is a matter on which a Member wishes to move a motion that is different to the recommendation. PART 6—PUBLIC PARTICIPATION 6.1 Meetings generally open to the public Meetings being generally open to the public is dealt with in the Act. 6.2 Meetings not open to the public (1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members of the public. (2) The Council or a committee, in one or more of the circumstances dealt with in the Act, may at any time, by resolution, decide to close a meeting or part of a meeting. (3) If a resolution under subclause (2) is carried— (a) the Presiding Member is to direct everyone to leave the meeting except— (i) the Members; (ii) the CEO; and (iii) any Officer specified by the Presiding Member; and (b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the closure of the meeting to the public, the Council or the committee, by resolution, decides otherwise. (4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the Presiding Member, be removed from the meeting. (5) While the resolution under subclause (2) remains in force, the operation of clause 7.9 is to be suspended until the Council or the committee, by resolution, decides otherwise. (6) A resolution under this clause may be made without notice. (7) Unless the Council resolves otherwise, once the meeting is reopened to members of the public, the Presiding Member is to ensure that any resolution of the Council made while the meeting was closed is to be read out including a vote of a Member to be included in the minutes. 6.3 Question time for the public Question time for the public is dealt with in the Act. 6.4 Question time for the public at certain meetings Question time for the public at certain meetings is dealt with in the Regulations. 6.5 Minimum question time for the public Minimum question time for the public is dealt with in the Regulations. 6.6 Procedures for question time for the public Procedures for question time for the public are dealt with in the Regulations. 6.7 Other procedures for question time for the public (1) A member of the public who raises a question during question time, is to state his or her name and address. (2) A question may be taken on notice by the Council for later response. (3) When a question is taken on notice the CEO is to ensure that— (a) a response is given to the member of the public in writing; and (b) a summary of the response is included in the agenda of the next meeting of the Council. (4) Where a question relating to a matter in which a relevant person has an interest is directed to the relevant person, the relevant person is to— (a) declare that he or she has an interest in the matter; and (b) allow another person to respond to the question. (5) Each member of the public with a question is entitled to ask up to 2 questions before other members of the public will be invited to ask their questions. (6) Where a member of the public provides written questions then the Presiding Member may elect for the questions to be responded to as normal business correspondence. (7) The Presiding Member may decide that a public question shall not be responded to where— (a) the same or similar question was asked at a previous meeting, a response was provided and the member of the public is directed to the minutes of the meeting at which the response was provided; (b) the member of the public uses public question time to make a statement, provided that the Presiding Member has taken all reasonable steps to assist the member of the public to phrase the statement as a question; or

3584 GOVERNMENT GAZETTE, WA 7 October 2020 (c) the member of the public asks a question that is offensive or defamatory in nature, provided that the Presiding Member has taken all reasonable steps to assist the member of the public to phrase the question in a manner that is not offensive or defamatory. (8) A member of the public shall have two minutes to submit a question. (9) The Council, by resolution, may agree to extend public question time. (10) Where an answer to a question is given at a meeting, a summary of the question and the answer is to be included in the minutes. 6.8 Distinguished visitors If a distinguished visitor is present at a meeting of the Council, the Presiding Member may acknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and the presence of that visitor shall be recorded in the minutes. 6.9 Deputations (1) Any person or group wishing to be received as a deputation by the Council is to either— (a) apply, before the meeting, to the CEO for approval; or (b) with the approval of the Presiding Member, at the meeting, address the Council. (2) The CEO may either— (a) approve the request and invite the deputation to attend a meeting of the Council; or (b) refer the request to the Council to decide by simple majority whether or not to receive the deputation. (3) Unless the council resolves otherwise, a deputation invited to attend a Council meeting— (a) is not to exceed 5 persons, only 2 of whom may address the Council, although others may respond to specific questions from Members; (b) is not to address the Council for a period exceeding 10 minutes without the agreement of the Council; and, (c) additional members of the deputation may be allowed to speak with the leave of the Presiding Member. (4) Any matter which is the subject of a deputation to the Council is not to be decided by the Council until the deputation has completed its presentation. 6.10 Petitions (1) A petition 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 name, address and signature of each elector making the request, and the date each elector signed; (e) contain a summary of the reasons for the request; and (f) state the name of the person to whom, and an address at which, notice to the petitioners can be given. (2) Upon receiving a petition, the local government is to submit the petition to the relevant officer to be included in his or her deliberations and report on the matter that is the subject of the petition. (3) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented to that meeting, unless— (a) the matter is the subject of a report included in the agenda; and (b) the Council has considered the issues raised in the petition. 6.11 Presentations (1) In this clause, a “presentation” means the acceptance of a gift or an award by the Council on behalf of the local government or the community. (2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO. 6.12 Participation at committee meetings (1) In this clause a reference to a person is to a person who— (a) is entitled to attend a committee meeting; (b) attends a committee meeting; and (c) is not a member of that committee. (2) Without the consent of the Presiding Member, no person is to address a committee meeting. (3) The Presiding Member of a committee may allow a person to make an oral submission to the committee for up to 3 minutes. (4) A person addressing the committee with the consent of the Presiding Member is to cease that address immediately after being directed to do so by the Presiding Member. (5) A person who fails to comply with a direction of the Presiding Member under subclause (4) may, by order of the Presiding Member, be removed from the committee room.

7 October 2020 GOVERNMENT GAZETTE, WA 3585 (6) The Council may make a policy dealing with the circumstances in which a person may be given consent to address a committee meeting. 6.13 Council may meet to hear public submissions (1) Where an item on the agenda at a Council meeting is contentious and is likely to be the subject of a number of deputations, the Council may resolve to meet at another time to provide a greater opportunity to be heard. (2) The CEO and the President shall set the time and date of the meeting to provide the opportunity to be heard. (3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the Presiding Member shall— (a) instruct the CEO to provide local public notice of the time and date when the Council will meet to provide an opportunity to be heard; (b) provide a written invitation to attend the meeting to provide the opportunity to be heard to all members of the public who have applied under clause 6.9 to make a deputation on the issue; and (c) cause minutes to be kept of the meeting to provide the opportunity to be heard. (4) A meeting held under subclause (1) shall be conducted only to hear submissions. The council shall not make resolutions at a meeting to provide the opportunity to be heard. (5) At a meeting held under subclause (1), each person making a submission shall be provided with the opportunity to fully state his or her case. (6) A member of the public shall be limited to 10 minutes in making an oral submission, but this period may be extended at the discretion of the Presiding Member. (7) Once every member of the public has had the opportunity to make a submission the Presiding Member is to close the meeting. (8) The CEO is to ensure that a report is included on the agenda of the next Council meeting summarising each submission made at the meeting. (9) The Council must not resolve on the matter that is the subject of a meeting to provide the opportunity to be heard until it has received the CEO’s report under subclause (8). 6.14 Public inspection of agenda materials The right of the public to inspect the documents referred to, and in accordance with, regulation 14 of the Regulations may be exercised at the Shire of Broome Administration Building and on the local government’s website. 6.15 Confidentiality of information withheld (1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to be— (a) identified in the agenda of a Council meeting under the item “Matters for which meeting may be closed”; (b) marked “Confidential” in the agenda; and (c) kept confidential by Officers and Members until the Council resolves otherwise. (2) A member or an officer in receipt of confidential information under subclause (1) or information that is provided or disclosed during a meeting or part of a meeting that is closed to the public is not to disclose any of that information to any person other than another member or an officer to the extent necessary for the purpose of carrying out his or her duties. (3) Subclause (2) does not apply where a member or officer discloses the information to his or her lawyer or government officer for the purpose of seeking advice in order to lawfully fulfil his or her role and responsibilities. 6.16 Recording of proceedings (1) A person is not to use any electronic, visual or audio recording device or instrument to record the proceedings of the Council without the permission of the Presiding Member. (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. 6.17 Prevention of disturbance (1) A reference in this clause to a person is to a person other than a member. (2) A person addressing the Council shall extend due courtesy and respect to the Council and the processes under which it operates and shall comply with any direction by the Presiding Member. (3) A person observing a meeting shall not 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. (4) A person shall ensure that his or her mobile telephone or audible pager is not switched on or used during any meeting of the Council. (5) A person shall not behave in a manner that is contrary to section 75 of the Criminal Code.

3586 GOVERNMENT GAZETTE, WA 7 October 2020 PART 7—CONDUCT OF MEMBERS 7.1 Members to be in their proper places (1) At the first meeting held after each election day, the CEO is to allot, alphabetically by ward, a position at the Council table to each Member. (2) Each Member is to occupy his or her allotted position at each Council meeting. 7.2 Respect to the Presiding Member After the business of a Council has been commenced, a Member is not to enter or leave the meeting without first paying due respect to the Presiding Member. 7.3 Titles to be used A speaker, when referring to the President, Deputy President or Presiding Member, or a Member or Officer, is to use the title of that person’s office. 7.4 Advice of entry or departure During the course of a meeting of the Council, a Member is not to enter or leave the meeting without first advising the Presiding Member, in order to facilitate the recording in the minutes of the time or entry or departure. 7.5 Members to indicate their intention to speak A Member of the Council who wishes to speak is to indicate his or her intention to speak by raising his or her hand or by another method agreed by the Council. 7.6 Priority of speaking (1) Where two or more Members indicate, at the same time, their intention to speak, the Presiding Member is to decide which Member is entitled to be heard first. (2) A decision of the Presiding Member under subclause (1) is not open to discussion or dissent. (3) A Member is to cease speaking immediately after being asked to do so by the Presiding Member. 7.7 Presiding Member may take part in debates The Presiding Member may take part in a discussion of any matter before the Council, subject to compliance with this local law. 7.8 Relevance (1) A Member is to restrict his or her remarks to the motion or amendment under discussion, or to a personal explanation or point of order. (2) The Presiding Member, at any time, may— (a) call the attention of the meeting to— (i) any irrelevant, repetitious, offensive or insulting language by a Member; or (ii) any breach of order by a Member; and (b) direct that Member, if speaking, to discontinue his or her speech. (3) A Member is to comply with the direction of the Presiding Member under subclause (2) by immediately ceasing to speak. 7.9 Speaking twice A Member is not to address the Council more than once on any motion or amendment except— (a) as the mover of a substantive motion, to exercise a right of reply; (b) to raise a point of order; or (c) to make a personal explanation. 7.10 Duration of speeches (1) A Member is not to speak on any matter for more than 5 minutes without the consent of the Council which, if given, is to be given without debate. (2) An extension under this clause cannot be given to allow a Member’s total speaking time to exceed 10 minutes. 7.11 No speaking after conclusion of debate A Member is not to speak on any motion or amendment— (a) after the mover has replied; or (b) after the motion has been put. 7.12 No interruption A Member is not to interrupt another Member who is 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 7.13; or (d) to move a procedural motion that the Member be no longer heard (see clause 10.1(d).

7 October 2020 GOVERNMENT GAZETTE, WA 3587 7.13 Personal explanations (1) A Member who wishes to make a personal explanation relating to a matter referred to by another Member who is then speaking is to indicate to the Presiding Member his or her intention to make a personal explanation. (2) The Presiding Member is to determine whether the personal explanation is to be heard immediately or at the conclusion of the speech by the other Member. (3) A Member making a personal explanation is to confine his or her observations to a succinct statement relating to a specific part of the speech at which he or she may have been misunderstood. 7.14 No reopening of discussion A Member is not to reopen discussion on any Council decision, except to move that the decision be revoked or changed (see Part 15). 7.15 Adverse reflection (1) A Member is not to reflect adversely on a decision of the Council except on a motion that the decision be revoked or changed unless the meeting, resolves, without debate, that the matter before the meeting cannot otherwise be adequately considered (see Part 15). (2) A Member is not— (a) to reflect adversely on the character or actions of another Member or Officer; or (b) to impute any motive to a Member or Officer, unless the meeting resolves, without debate, that the motion then before the meeting cannot otherwise be adequately considered. (3) A Member is not to use offensive or objectionable expressions in reference to any Member, Officer or other person. (4) If a Member specifically requests, immediately after their use, that any particular words used by a Member be recorded in the minutes— (a) the Presiding Member is to cause the words used to be taken down and read to the meeting for verification; and (b) the Council may, by resolution, decide to record those words in the minutes. 7.16 Withdrawal of offensive language (1) A Member who, in the opinion of the Presiding Member, uses an expression which— (a) in the absence of a resolution under clause 7.15— (i) reflects adversely on the character or actions of another Member or Officer; or (ii) imputes any motive to a Member or Officer; or (b) is offensive or insulting, must, when directed by the Presiding Member, withdraw the expression and make a satisfactory apology. (2) If a Member fails to comply with a direction of the Presiding Member under subclause (1), the Presiding Member may refuse to hear the Member further on the matter then under discussion and call on the next speaker. PART 8—PRESERVING ORDER 8.1 Presiding Member to preserve order (1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call any Member to order. (2) When the Presiding Member speaks during a debate, any Member then speaking, or indicating that he or she wishes to speak, is immediately to sit down and every Member present is to preserve strict silence so that the Presiding Member may be heard without interruption. (3) Subclause (2) is not to be used by the Presiding Member to exercise the right provided in clause 7.7, but to preserve order. 8.2 Point of order (1) A Member may object, by way of a point of order, only to a breach of— (a) any of this local law; or (b) any other written law. (2) Despite anything in this local law to the contrary, a point of order— (a) takes precedence over any discussion; and (b) until determined, suspends the consideration or discussion of any other matter. 8.3 Procedures on a point of order (1) A Member who is addressing the Presiding Member is not to be interrupted except on a point of order. (2) A Member interrupted on a point of order is to resume his or her seat until— (a) the Member raising the point of order has been heard; and (b) the Presiding Member has ruled on the point of order, and, if permitted, the Member who has been interrupted may then proceed.

3588 GOVERNMENT GAZETTE, WA 7 October 2020 8.4 Calling attention to breach A Member may, at any time, draw the attention of the Presiding Member to any breach of this local law. 8.5 Ruling by the Presiding Member (1) The Presiding Member is to rule on any point of order which is raised by either upholding or rejecting the point of order. (2) A ruling by the Presiding Member on a point of order— (a) is not to be the subject of debate or comment; and (b) is to be final unless the majority of Members then present and voting, on a motion moved immediately after the ruling, dissent from the ruling. (3) Subject to a motion of dissent being carried under subclause (2), if the Presiding Member rules that— (a) any motion, amendment or other matter before the meeting is out of order, it is not to be considered further; and (b) a statement made or act done by a Member is out of order, the Presiding Member may require the Member to make an explanation, retraction or apology. 8.6 Continued breach of order If a Member— (a) persists in any conduct that the Presiding Member had ruled is out of order; or (b) refuses to make an explanation, retraction or apology required by the Presiding Member under clause 8.5(3), the Presiding Member may direct the Member to refrain from taking any further part in the debate of that item, other than by voting, and the Member is to comply with that direction. 8.7 Right of Presiding Member to adjourn (1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting for a period of up to 15 minutes. (2) On resumption, the debate is to continue at the point at which the meeting was adjourned. (3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the purpose of preserving or regaining order, the second or subsequent adjournment may be to a later time on the same day or to another day. PART 9—DEBATE OF SUBSTANTIVE MOTIONS 9.1 Motions to be stated Any Member who wishes to move a substantive motion or an amendment to a substantive motion— (a) is to state the substance of the motion before speaking to it; and (b) if required by the Presiding Member, is to put the motion or amendment in writing. 9.2 Motions to be supported (1) A substantive motion or an amendment to a substantive motion is not open to debate until it has been seconded. (2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless the motion has the support required under regulation 10 of the Regulations. 9.3 Unopposed business (1) Immediately after a substantive motion has been moved and seconded, the Presiding Member may ask the meeting if any Member opposes it. (2) If no Member opposes the motion, the Presiding Member may declare it carried without debate and without taking a vote. (3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous decision of the Council. (4) If a Member opposes a motion, the motion is to be dealt with under this Part. (5) This clause does not apply to a motion to revoke or change a decision which has been made at a Council meeting (see Part 15). 9.4 Only one substantive motion at a time When a substantive motion is under debate at a meeting of the Council, no further substantive motion is to be accepted. The Council is not to consider more than one substantive motion at any time. 9.5 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;

7 October 2020 GOVERNMENT GAZETTE, WA 3589 (e) a speaker against the motion; (f) a speaker for the motion; (g) other speakers against and for the motion, alternating where possible; and (h) mover takes right of reply which closes debate. 9.6 Limit of debate The Presiding Member may offer the right of reply and put a substantive motion to the vote if he or she believes that sufficient discussion has taken place even though all Members may not have spoken, provided no Member has previously indicated an intention to speak against the motion. 9.7 Member may require motion to be read A Member may require the Motion or matter under discussion to be read at any time during a debate, but not so as to interrupt any other Member who is speaking. 9.8 Consent of seconder required for alteration The mover of a substantive motion may not alter the wording of the motion without the consent of the seconder. 9.9 Order of amendments Any number of amendments may be proposed to a substantive 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, carried or lost. 9.10 Form of an amendment An amendment must add, delete, or substitute words to the substantive motion. 9.11 Amendment must not negate original motion An amendment to a substantive motion cannot negate the original motion or the intent of the original motion. 9.12 Relevance of amendments Each amendment is to be relevant to the motion in respect of which it is moved. 9.13 Mover of motion may speak on amendment Any Member may speak during debate on an amendment. 9.14 Effect of an amendment 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. 9.15 Withdrawal of motion or amendment (1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a motion or amendment on the request of the mover of the motion or amendment and with the approval of the seconder. (2) 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. 9.16 Right of reply (1) The mover of a substantive motion has the right of reply. (2) The mover of any amendment to a substantive motion has a right of reply. (3) The right of the reply may only be exercised— (a) where no amendment is moved to the substantive motion—at the conclusion of the discussion on the motion; or (b) where one or more amendments have been moved to the substantive motion—at the conclusion of the discussion on the substantive motion and any amendments. (4) After the mover of the substantive motion has commenced the reply— (a) no other Member is to speak on the motion; (b) there is to be no further discussion on, or any further amendment to, the motion. (5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no new matter is to be introduced. (6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as amended, is immediately to be put to the vote. PART 10—PROCEDURAL MOTIONS 10.1 Permissible procedural motions In addition to the right to move an amendment to a substantive motion (under Part 9), a Member may move the following procedural motions— (a) that the debate be adjourned; (b) that the meeting now adjourn;

3590 GOVERNMENT GAZETTE, WA 7 October 2020 (c) that the motion be now put; (d) that the Member be no longer heard; (e) that the ruling of the Presiding Member be disagreed with; (f) that the meeting be closed to the public (see clause 6.2). 10.2 No debate (1) The mover of a motion specified in paragraph (a), (b), (c) or (f) of clause 10.1 may speak to the motion for not more than five 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 specified in paragraph (c) or (d) of clause 10.1 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. 10.3 Who may move No person who has moved, seconded, or spoken for or against the substantive motion, or any amendment to the substantive motion, may move any procedural motion which, if carried, would close the debate on the substantive motion or amendment. 10.4 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. 10.5 Debate to be adjourned A motion “that the debate be adjourned”— (a) is to state the time to which the debate is to be adjourned; and (b) if carried, has the effect that all debate on the substantive motion or amendment ceases immediately, but continues at the time stated in the motion. 10.6 Meeting now adjourn (1) A Member is not to move or second more than one motion of adjournment during the same sitting of the Council. (2) Before putting the motion for the adjournment of the Council, the Presiding Member may seek leave of the Council to deal first with matters that may be the subject of an adoption by exception resolution (see clause 5.5). (3) A motion “that the meeting now adjourn”— (a) is to state the time and date to which the meeting is to be adjourned; and (b) if carried, has the effect that the meeting is adjourned to the time and date specified in the motion. (4) A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned, unless the Presiding Member or the Council determines otherwise. 10.7 Motion to be put (1) If the motion “that the motion be now put”, is carried during debate on a substantive motion without amendment, the Presiding Member is to offer the right of reply and then put the motion to the vote without further debate. (2) If the motion “that the motion be now put” is carried during discussion of an amendment, the Presiding Member is to put the amendment to the vote without further debate. (3) This motion, if lost, causes debate to continue. 10.8 Member to be no longer heard If the motion “that the member be no longer heard”, is carried, the speaker against whom the motion has been moved cannot speak further on the current substantive motion, or any amendment relating to it, except to exercise the right of reply if he or she is the mover of the substantive motion. 10.9 Ruling of the Presiding Member to be disagreed with If the motion “that the ruling of the Presiding Member be disagreed with”, is carried, that ruling is to have no effect and the meeting is to proceed accordingly.

PART 11—DISCLOSURE OF INTERESTS 11.1 Disclosure of interests Disclosure of interests is dealt with in the Act.

PART 12—VOTING 12.1 Motion—when put (1) Immediately after the debate on any Motion is concluded and the right of reply has been exercised, the Presiding Member— (a) is to put the Motion to the Council; and (b) if requested by any Member, is to again state the terms of the Motion. (2) A Member is not to leave the meeting when the Presiding Member is putting any Motion.

7 October 2020 GOVERNMENT GAZETTE, WA 3591 12.2 Voting Voting is dealt with in the Act and the Regulations. 12.3 Majorities required for decisions The majorities required for decisions of the Council and committees are dealt with in the Act. 12.4 Method of taking vote (1) In taking the vote on any motion or amendment the Presiding Member— (a) is to put the motion, first in the affirmative, and then in the negative; (b) may put the motion in this way as often as may be necessary to enable him or her to determine whether the affirmative or the negative has the majority of votes; (c) may accept a vote on the voices or may require a show of hands; and, (d) is, subject to this clause, to declare the result. (2) If a Member calls for a show of hands, the result of the vote is to be determined on the count of raised hands. (3) If a member of council or a committee specifically requests that there be recorded— (a) his or her vote; or, (b) the vote of all members present, on a matter voted on at a meeting of the council or committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes. (4) If a Member calls for a division— (a) those voting in the affirmative are to pass to the right of the Chair; and (b) those voting in the negative are to pass to the left of the Chair. (5) For every division, the CEO is to record— (a) the name of each member who voted; and (b) whether he or she voted in the affirmative or negative. PART 13—MINUTES OF MEETINGS 13.1 Keeping of minutes The keeping and confirmation of minutes are dealt with in the Act. 13.2 Content of minutes (1) The content of minutes is dealt with in the Regulations. (2) In addition to the matters required by regulation 11 of the Regulations, the minutes of a Council meeting is to include, where an application for approval is refused or the authorisation of a licence, permit or certificate is withheld or cancelled, the reasons for the decision. 13.3 Public inspection of unconfirmed minutes The public inspection of unconfirmed minutes is dealt with in the Regulations. 13.4 Confirmation of minutes (1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to their confirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes, the Member may provide the local government with a written copy of the alternative wording to amend the minutes no later than 7 clear working days before the next ordinary meeting of the Council. (2) At the next ordinary meeting of the Council, the Member who provided the alternative wording shall, at the time for confirmation of minutes— (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. (3) Members must not discuss items of business contained in the minutes, other than discussion as to their accuracy as a record of the proceedings. PART 14—ADJOURNMENT OF MEETING 14.1 Meeting may be adjourned The Council may adjourn any meeting— (a) to a later time on the same day; or (b) to any other time on any other day, including a time which coincides with the conclusion of another meeting or event. 14.2 Effect of adjournment Where any matter, motion, debate or meeting is adjourned under this local law— (a) the names of Members who have spoken on the matter prior to the adjournment are to be recorded in the minutes; (b) debate is to be resumed at the next meeting at the point where it was interrupted; and (c) the provisions of clause 7.9 [speaking twice] apply when the debate is resumed.

3592 GOVERNMENT GAZETTE, WA 7 October 2020 PART 15—REVOKING OR CHANGING DECISIONS 15.1 Requirements to revoke or change decisions The requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of the Regulations. 15.2 Limitations on powers to revoke or change decisions (1) Subject to subclause (2), the Council or a committee is not to consider a motion to revoke or change a decision— (a) where, at the time the motion is moved or notice is given, any action has been taken under clause 15.3 to implement the decision; or (b) where the decision is procedural in its form or effect. (2) The Council or a committee may consider a motion to revoke or change a decision of the kind described in subclause (1)(a) if the motion is accompanied by a written statement of the legal and financial consequences of carrying the motion. 15.3 Implementing a decision (1) In this clause— (a) “authorisation” means a licence, permit, approval or other means of authorising a person to do anything; (b) “implement”, in relation to a decision, includes— (i) communicate notice of the decision to a person affected by, or with an interest in, the decision; and (ii) take any other action to give effect to the decision; and (c) “valid notice of revocation motion” means a notice of motion to revoke or change a decision that complies with the requirements of the Act, Regulations and the local laws and may be considered, but has not yet been considered, by the Council or a committee as the case may be. (2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a meeting is not to be implemented by the CEO or any other person until the afternoon of the first business day after the commencement of the meeting at which the decision was made. (3) The Council or a committee may, by resolution carried at the same meeting at which a decision was made, direct the CEO or another person to take immediate action to implement the decision. (4) A decision made at a meeting is not to be implemented by the CEO or any other person— (a) if, before commencing any implementation action, the CEO or that person is given a valid notice of revocation motion; and (b) unless and until the valid notice of revocation motion has been determined by the Council or the committee as the case may be. (5) The CEO is to ensure that members of the public attending the meeting are informed by an appropriate notice that a decision to grant an authorisation— (a) is to take effect only in accordance with this clause; and (b) cannot be acted upon by the person who has been granted the authorisation unless and until the decision has been implemented in accordance with this clause. PART 16—SUSPENSION OF LOCAL LAWS 16.1 Suspension of local laws (1) A Member may at any time move that the operation of one or more of the provisions of this local law be suspended. (2) A Member moving a motion under subclause (1) is to state the reasons for the motion but no other discussion is to take place. (3) A motion under subclause (1) which is— (a) seconded; and (b) carried by an absolute majority, is to suspend the operation of the clause or clauses to which the motion relates for the duration of the meeting, unless the meeting earlier resolves otherwise. 16.2 Where local laws do not apply (1) In situations where— (a) one or more provisions of this local law have been suspended; or (b) a matter is not regulated by the Act, the Regulations or this local law, the Presiding Member is to decide questions relating to the conduct of the meeting. (2) The decision of the Presiding Member under subclause (1) is final, except where a motion is moved and carried under clause 10.9.

7 October 2020 GOVERNMENT GAZETTE, WA 3593 PART 17—MEETINGS OF ELECTORS 17.1 Electors’ general meetings Electors’ general meetings are dealt with in the Act. 17.2 Matters for discussion at electors’ general meetings The matters to be discussed at electors’ general meetings are dealt with in the Regulations. 17.3 Electors’ special meetings Electors’ special meetings are dealt with in the Act. 17.4 Requests for electors’ special meetings Requests for electors’ special meetings are dealt with in the Regulations. 17.5 Convening electors’ meetings Convening electors’ meetings is dealt with in the Act. 17.6 Who presides at electors’ meetings Who presides at electors’ meetings is dealt with in the Act. 17.7 Procedure for electors’ meetings (1) The procedure for electors’ meetings is dealt with in the Act and the Regulations. (2) In exercising his or her discretion to determine the procedure to be followed at an electors’ meeting, the Presiding Member is to have regard to this local law. 17.8 Participation of non-electors A person who is not an elector of the local government shall not take part in any discussion at an electors’ meeting unless the meeting, by resolution, permits the person do so. 17.9 Voting at electors’ meetings Voting at electors’ meetings is dealt with in the Regulations. 17.10 Minutes of electors’ meetings Minutes of electors’ meetings are dealt with in the Act. 17.11 Decisions made at electors’ meetings Decisions made at electors’ meetings are dealt with in the Act. PART 18—ENFORCEMENT 18.1 Penalty for breach A person who breaches a provision of this local law commits an offence. Penalty: $1,000.00 and a daily penalty of $100.00. 18.2 Who can prosecute Who can prosecute is dealt with in the Act. ———— Dated: 23 September 2020. The Common Seal of the Shire of Broome was affixed by the authority of a resolution of Council in the presence of— Cr H. N. TRACEY, President. S. C. MASTROLEMBO, Chief Executive Officer.

PERTH, THURSDAY, 8 OCTOBER 2020 No. 171 SPECIAL

8 October 2020 GOVERNMENT GAZETTE, WA 3597 TABLE OF CONTENTS 1.1. Title 1.2. Commencement 1.3. Application 1.4. Repeal 1.5. Interpretation PART 2—SANITATION Division 1—Sanitary Conveniences 2.1 Interpretation 2.2 Dwelling house 2.3 Premises other than a dwelling house 2.4 Events 2.5 Toilets 2.6 Temporary works 2.7 Maintenance of sanitary conveniences and fittings 2.8 Ventilation of toilets 2.9 Public sanitary conveniences 2.10 Lighting 2.11 Installation Division 2—Bathrooms, Laundries and Kitchens 2.12 Bathrooms 2.13 Laundries 2.14 Washing or keeping of clothes in kitchens 2.15 Kitchens PART 3—HOUSING AND GENERAL Division 1—Maintenance of Houses 3.1 Dwelling house maintenance 3.2 Guttering and downpipes 3.3 Disposal of rainwater Division 2—Ventilation of Houses 3.4 Exemption for short term hostels and recreational campsites 3.5 Overcrowding 3.6 Calculated sufficient space 3.7 Ventilation 3.8 Sub-floor ventilation

Division 3—Water Supply 3.9 Water supply 3.10 Rainwater tanks 3.11 Bores and wells 3.12 Pollution

3598 GOVERNMENT GAZETTE, WA 8 October 2020

Division 4—Second-hand Furniture, Bedding and Clothing 3.13 Prohibition on sale 3.14 Prohibition on possession Division 5—Morgues 3.15 Licensing of morgues PART 4—LIQUID REFUSE, LIQUID WASTE, BUTCHERS’ WASTE, RUBBISH AND REFUSE Division 1—Liquid Refuse and Liquid Waste 4.1 Interpretation 4.2 Deposit of liquid refuse 4.3 Disposal of liquid waste Division 2—Transport of Butchers’ Waste 4.4 Interpretation 4.5 Restriction of vehicles 4.6 Transport of butchers’ waste Division 3—Rubbish and Refuse 4.7 Interpretation 4.8 Deposit of refuse 4.9 Burning of rubbish and refuse 4.10 Suitable enclosures 4.11 Provision of refuse receptacles 4.12 Control of refuse 4.13 Unauthorised storage of materials 4.14 Removal of refuse and disused materials 4.15 Removal of unsightly overgrowth of vegetation 4.16 Storage of vehicles, vessels and machinery 4.17 Disposing of disused refrigerators or similar containers PART 5—NUISANCES AND GENERAL Division 1—Nuisances 5.1 Interpretation 5.2 Escape of smoke etc. 5.3 Public vehicles to be kept clean 5.4 Prohibition against spitting 5.5 Dust management 5.6 Emission or reflection of light 5.7 Car Parks 5.8 Transportation, use and storage of offal or blood 5.9 Use or storage and fertiliser 5.10 Storage and dispatch of artificial fertiliser 5.11 Storage of fertiliser and compost 5.12 Commercial Vehicles Division 2—Keeping of Animals 5.13 Cleanliness 5.14 Animal enclosures 5.15 Slaughter of animals 5.16 Disposal of dead animals Division 3—Keeping of Approved Animals 5.17 Interpretation 5.18 Keeping of approved animals and provision of stables 5.19 Proximity of approved animals to a dwelling house 5.20 Manure receptacles Division 4—Keeping of Poultry and Pigeons 5.21 Interpretation 5.22 Limitation on number of poultry, pigeons and miscellaneous birds 5.23 Conditions of keeping poultry

8 October 2020 GOVERNMENT GAZETTE, WA 3599 5.24 Roosters, geese, turkeys, peafowl and gamebirds 5.25 Conditions of keeping pigeons 5.26 Removal of non-conforming structures or enclosures 5.27 Restrictions on pigeon nesting or perching 5.28 Restrictions on feeding wild birds

Division 5—Feedlots 5.29 Interpretation 5.30 Premises to be approved 5.31 Management of beef cattle feedlots 5.32 Site conditions 5.33 Compliance with direction or notice of an Authorised Officer PART 6—PEST CONTROL Division 1—Flies 6.1 Interpretation 6.2 Control of flies Division 2—Mosquitoes 6.3 Interpretation 6.4 Measures to be taken to prevent mosquito breeding 6.5 Measures to be taken by occupier 6.6 Removal of undergrowth or vegetation 6.7 Filling in excavations etc. 6.8 Drains, channels and septic tanks 6.9 Drainage of land Division 3—Rodents 6.10 Interpretation 6.11 Measures to be taken to eradicate rodents Division 4—Cockroaches 6.12 Interpretation 6.13 Measures to be taken to eradicate cockroaches Division 5—Argentine Ants 6.14 Interpretation 6.15 Measures to be taken to keep premises free from argentine ants Division 6–European Wasps 6.16 Interpretation 6.17 Measures to be taken to keep premises free from European wasp nests

Division 7—Bee Keeping 6.18 Interpretation 6.19 Limitation on number of hives 6.20 Restrictions on keeping of bees in hives 6.21 Bees which cause a nuisance not to be kept

Division 8—Arthropod Vectors of Disease 6.22 Interpretation 6.23 Responsibilities of the owner or occupier 6.24 Local government may execute PART 7—INFECTIOUS DISEASES Division 1—General Provisions 7.1 Purpose of exercise of powers 7.2 Authorised Officer may visit, inspect and report 7.3 Requirements on owner or occupier to clean, disinfect and disinfest 7.4 Authorised Officer may disinfect or disinfest premises 7.5 Insanitary houses, premises and things 7.6 Medical officer may authorise disinfecting

3600 GOVERNMENT GAZETTE, WA 8 October 2020 7.7 Persons in contact with an infectious disease sufferer 7.8 Declaration of infected houses or premises 7.9 Destruction of infected animals 7.10 Disposal of a body 7.11 Local Government may carry out work and recover costs Division 2—Disposal of Used Condoms and Needles 7.12 Disposal of used condoms 7.13 Disposal of used needles PART 8—LODGING HOUSES Division 1—Registration 8.1 Interpretation 8.2 Accommodation not to be kept unless registered 8.3 Application for registration 8.4 Certificate of Registration of accommodation 8.5 Renewal of registration 8.6 Notification upon sale or transfer 8.7 Revocation of registration Division 2—Construction and Use Requirements 8.8 General construction requirements 8.9 Insect screening 8.10 Sanitary conveniences 8.11 Laundry unit 8.12 Kitchen 8.13 Cooking facilities 8.14 Dining room 8.15 Lounge room 8.16 Fire prevention and control 8.17 Obstruction of passages and stairways 8.18 Fitting of locks 8.19 Restriction on use of rooms for sleeping 8.20 Sleeping accommodation short term hostels and recreation campsites 8.21 Furnishing etc. of sleeping apartments 8.22 Ventilation 8.23 Numbers to be placed on doors Division 3—Management and Care 8.24 Keeper or manager to reside in the lodging house 8.25 Register of lodgers 8.26 Keeper report 8.27 Certificate of Sleeping Accommodation 8.28 Duplicate keys and inspection 8.29 Room occupancy 8.30 Infectious disease 8.31 Maintenance of a room by a lodger or a resident 8.32 Cleaning and maintenance requirements 8.33 Responsibilities of lodgers and residents 8.34 Approval for the storage of food PART 9—OFFENSIVE TRADES Division 1—General 9.1 Interpretation 9.2 Consent to establish an offensive trade 9.3 Notice of application 9.4 Registration of premises 9.5 Certificate of Registration of Premises for Offensive Trade 9.6 Change of occupier 9.7 Alterations to premises Division 2—General Duties of an Occupier 9.8 Interpretation 9.9 Cleanliness

8 October 2020 GOVERNMENT GAZETTE, WA 3601 9.10 Rats and other vectors of disease 9.11 Sanitary conveniences and hand wash basins 9.12 Painting of walls etc. 9.13 Effluvia, vapours or gases 9.14 Offensive materials 9.15 Storage of materials 9.16 Directions Division 3—Fat Rendering Establishments 9.17 Interpretation 9.18 Ventilation 9.19 Covering of apparatus 9.20 Rendering of walls Division 4—Fish Premises 9.21 Interpretation 9.22 Fish preparation room 9.23 Bench 9.24 Disposal of waste 9.25 Fish containers 9.26 Cooking of fish 9.27 Use of approved portable box 9.28 Fish transport vehicle Division 5—Laundry, Dry Cleaning Establishments and Dye Works 9.29 Interpretation 9.30 Receiving depot 9.31 Reception room 9.32 Walls and floors 9.33 Laundry floor 9.34 Escape of dust 9.35 Precautions against combustion 9.36 Trolleys 9.37 Sleeping on premises

Division 6—Abattoirs 9.38 Construction Division 7—Piggeries 9.39 Interpretation 9.40 Limitations to registration 9.41 Conditions of registration 9.42 Sties, enclosures or sheds 9.43 Slaughtering 9.44 Feed 9.45 Fencing 9.46 Water supply 9.47 Feeding troughs PART 10—OFFENCES AND PENALTIES 10.1 Offences and penalties 10.2 Form of infringement notices 10.3 Other enforcement actions 10.4 Power of Entry into private property PART 11—OBJECTION AND APPEAL 11.1 Objection and appeal rights SCHEDULE 1—OFFENSIVE TRADES SCHEDULE 2—PRESCRIBED OFFENCES

8 October 2020 GOVERNMENT GAZETTE, WA 3603 Local Government Act 1995 and under all powers enabling it, the Council of the Shire of Manjimup resolved on 24 September 2020 to make the following local law. 1.1 Title This local law may be cited as the Shire of Manjimup Health Local Law 2020. This local law commences 14 days after the day on which it is published in the Government Gazette. This local law applies throughout the entire district. The Shire of Manjimup Health Local Laws 1998 published in the Government Gazette on 3 March 1999 is repealed. 1.5 Interpretation (1) In this local law, unless the context otherwise requires— Health (Miscellaneous Provisions) Act 1911; adequate means satisfactory or fit for purpose or, if there is any doubt, at the discretion of an Authorised Officer; adequate supply of water means a flow of water of not less than 5 litres per minute; approved means approved by the local government; AS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by Standards Australia, as amended from time to time; AS 3786 means Australian Standard for Smoke alarms using scattered light, transmitted light or ionization; AS 2293.1 means Australian Standard for Emergency escape lighting and exit signs for buildings—System design, installation and operation; AS 1530.2 means Australian Standard for Methods for fire tests on building materials, components and structures—Test for flammability of materials; AS 1530.3 means Australian Standard for Methods for fire tests on building materials, components and structures—Simultaneous determination of ignitability, flame propagation, heat release and smoke release; AS 2001.5.4 means Australian Standard for Methods of test for textiles— Dimensional change—Domestic washing and drying procedures for textile testing (ISO 6330:2000, MOD); AS/NZS ISO 717.1 means Australian Standard for Acoustics—Rating of sound insulation in buildings and of building elements—Airborne sound insulation; AS 3666.2 means Australian Standard for Air-handling and water systems of buildings— Microbial control—Design, installation and commissioning; AS 1668.2 means Australian Standard for The use of ventilation and air conditioning in buildings—Mechanical ventilation in building; AS 4282 means Australian Standard for Control of obtrusive effects of outdoor lighting; Authorised Officer means a person appointed under- (a) the provisions of the Public Health Act 2016; or (b) the Local Government Act 1995; and (c) includes officers employed by the local government as an Environmental Health Officer, Acting Environmental Health Officer, Assistant Environmental Health Officer, Manager Environmental Health and Principal Environmental Health Officer;

3604 GOVERNMENT GAZETTE, WA 8 October 2020 bed means a piece of furniture on which to sleep; bedding includes beds, mattresses, pillows and bed heads as well as bed linen; bed linen includes sheets, blankets, pillow cases, quilt and doona covers and mattress covers; Building Code means the latest edition of the Building Code of Australia published from time to time by or on behalf of the Australian Building Codes Board, as amended from time to time, but not including explanatory information published with that Code; Chief Executive Officer means the Chief Executive Officer of the local government and includes an Acting Chief Executive Officer; Chief Health Officer means a person appointed to this position under the provisions of the Public Health Act 2016; Council means the Council of the local government; district means— (a) the district of the local government under the (b) any area placed under the jurisdiction of the local government under section 22 of the Act; and (c) any river, or other water deemed to be within the district of the local government under section 25 of the Act; drinking water means drinking water as defined in the Australian Drinking Water Guidelines developed by the National Health and Medical Research Council; dwelling house means a place of residence containing at least one sleeping room and includes a room or outbuilding separate from, but ancillary to, the building in which the sleeping room is located; habitable room means a room used for normal domestic activities, and— (a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, play-room, family room and sun-room or the like; but (b) excludes a bathroom, laundry, toilet, pantry, walk-in wardrobe, corridor, lobby, photographic dark room, clothes-drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods; hot water means water at a temperature of at least 65 degrees Celsius; local government means the Shire of Manjimup; Medical Officer means the Medical Officer appointed by the local government under the Act and includes an Acting Medical Officer so appointed; morgue means a place for the temporary reception and keeping of the bodies of the dead awaiting burial or cremation; nuisance has the meaning given to it in section 182 of the Act; public place includes every place to which the public ordinarily have access, whether by payment of a fee or not; sanitary convenience includes urinals, toilets, sinks, baths, wash troughs, apparatus for the treatment of sewage, or other receptacle for the deposit of faecal matter, or refuse, and all similar conveniences; Schedule means a Schedule to this local law; sewage means any kind of sewage, faecal matter or urine, and any waste composed wholly or in part of liquid; sewer includes sewers and drains of every description, except drains to which the word “drain” as defined in the Act applies, also water channels constructed of stone, brick, concrete, or any other material, including the property of the local government; street includes any highway, and any public bridge, and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; toilet means a toilet bowl, or urinal and includes a room or cubicle in which one or more of these are located; townsite means the townsites within the district which are constituted under section 26(2) of the Land Administration Act 1997 or referred to in clause 37 of the Schedule 9.3 of the Local Government Act 1995; and urinal may be— (a) an individual stall or wall-hung urinal; (b) each 600 millimetres length of a continuous urinal trough; or (c) a toilet bowl used in place of a urinal. (2) Where in this local law, a duty or liability is imposed on an “owner or occupier” the duty or liability shall be deemed to be imposed jointly and severally on each of the owner or occupier. (3) Where under this local law an act is required to be done or forbidden to be done in relation to any premises, the owner or occupier of those premises has, unless the contrary intention appears, the duty of causing to be done the act so required to be done, or of preventing from being done the act so forbidden to be done, as the case may be.

8 October 2020 GOVERNMENT GAZETTE, WA 3605 PART 2—SANITATION Division 1—Sanitary Conveniences 2.1 Interpretation In this Part, unless the context otherwise requires— apparatus for the treatment of sewage has the same meaning as in section 3 of the Act; event includes a fair, function or festival; low lying land means land that has a height no more than 2 metres above Australian height datum; organiser means a person— (a) to whom approval has been granted by the local government to conduct the event; or (b) responsible for the conduct of the event; public sanitary convenience means a sanitary convenience to which the public ordinarily have access; receptacle for drainage has the same meaning as in the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974 and includes the irrigation effluent disposal area of an aerobic treatment system; and temporary sanitary convenience means a sanitary convenience, temporarily placed for use by— (a) patrons in conjunction with an event; or (b) employees at construction sites or the like. 2.2 Dwelling house (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has at least one toilet. (2) A room in which a toilet is located shall have adequate electrical lighting. (3) A person shall not erect or place a dwelling house, or adapt any building for use as a dwelling house, on low lying land, unless the dwelling house— (a) is provided with secure, efficient and proper drainage of the building to a sewer or an approved apparatus for the treatment of sewage; and (b) is approved by the local government. (4) An owner or occupier of a dwelling house erected on low lying land, may be required by an authorised officer to— (a) assist an authorised officer with determining the separation distance from groundwater level to the base of the receptacle for drainage for the dwelling house; and (b) provide an annual report to the local government containing accurate details of— (i) the address or location of the property; (ii) the name, telephone number and email address of the property owner; (iii) the type of apparatus for the treatment of sewage connected to the dwelling house; (iv) the date of last service of the apparatus for the treatment of sewage; and (v) the depth from the base of the receptacle for drainage to the maximum groundwater level measured in the month of October. (5) If, in the opinion of an Authorised Officer, the depth from the base of a receptacle for drainage is less than 600 millimetres to the maximum groundwater level, the Authorised Officer may by notice require the owner of the dwelling house to— (a) raise the receptacle for drainage such that its base is no less than 600 millimetres to the maximum groundwater level; or (b) cease using the dwelling house until such time as the depth from the base of the receptacle for drainage to the maximum groundwater level is no less than 600 millimetres. 2.3 Premises other than a dwelling house (1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or occupied, premises other than a dwelling house unless— (a) the premises have sanitary conveniences in accordance with the Building Code and this Part; (b) the toilets required by this clause are situated within a reasonable distance and are easily accessible to the persons for whom they are provided; and (c) the premises have hand wash basins— (i) in accordance with the Building Code; (ii) for the use of persons employed or engaged on the premises; (iii) provided with an adequate supply of water supplied by taps located over each hand wash basin; (iv) separate from any trough, sink or hand wash basin used in connection with any process carried out on the premises; and (v) situated within a reasonable distance of the sanitary conveniences and easily accessible to the person for whom they are provided. (2) The occupier of the premises other than a dwelling house shall ensure that—

3606 GOVERNMENT GAZETTE, WA 8 October 2020 (a) clean toilet paper is available at all times in each cubicle; (b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females; and (c) each hand wash basin is provided with— (i) an adequate supply of soap or other hand cleaning substances; and (ii) hand drying facilities, situated adjacent to and visible from the hand wash basin. 2.4 Events The organiser of an outdoor event must provide sanitary conveniences in accordance with the recommendations contained within the Department of Health’s “Guidelines for concerts, events and organised gatherings”. 2.5 Toilets (1) Toilets on premises shall be maintained in accordance with the following requirements— (a) the door to a toilet, other than an internal toilet, shall be properly screened to a continuous height of 1.8 metres from the floor; (b) a toilet or its entrance which is visible from overlooking windows shall be properly screened; (c) the floor of any internal toilet shall be— (i) of concrete or of other approved impervious material of an approved thickness; and (ii) unless otherwise approved graded to a floor waste outlet and proper discharge pipe with flap valve fitted and, where necessary, protected by an approved sump; and (d) the floor of any external toilet shall be— (i) of concrete or of other approved impervious material of an approved thickness; and (ii) graded to the door or alternatively an approved outlet. (2) Toilets on premises other than a dwelling house shall be maintained in accordance with the following additional requirements— (a) a toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of females unless the toilets are separated by a wall extending from floor to ceiling and of sufficient density to have a sound transmission class of not less than 50 as required by AS/NZS ISO 717.1; and (b) where more than one toilet is provided on the premises, the entrance to each toilet shall bear a suitable sign indicating for which sex its use is intended. 2.6 Temporary works A person who undertakes temporary work at any place shall ensure every temporary sanitary convenience is installed and maintained in accordance with the requirements of the (Temporary Sanitary Conveniences) Regulations 1997. 2.7 Maintenance of sanitary conveniences and fittings (1) The occupier of premises shall— (a) keep clean, in good condition and repair; and (b) whenever required by an Authorised Officer, effectively disinfect and clean; all sanitary conveniences including sanitary fittings in or on the premises. (2) The owner of premises shall— (a) keep or cause to be kept in good repair; and (b) maintain an adequate supply of water to; all sanitary conveniences including sanitary fittings in or on the premises. 2.8 Ventilation of toilets (1) A toilet in any premises shall be ventilated in accordance with the Sewerage ( Lighting, Ventilation and Construction) Regulations 1971 and the Building Code. (2) A mechanical ventilation system provided under subclause (1) shall be maintained in good working order and condition. 2.9 Public sanitary conveniences (1) A person shall not— (a) foul; (b) damage or vandalise; or (c) write on or otherwise deface; (d) a public sanitary convenience or sanitary fixtures or fittings or the premises in or on which the sanitary convenience is located. (2) A person shall not live or sleep in or on the premises in which a public sanitary convenience is located or use it for a purpose other than that for which it was intended. 2.10 Lighting The owner and occupier of premises in which a sanitary convenience or a public sanitary convenience is located shall provide and maintain adequate electric lighting for persons using the convenience. 2.11 Installation

8 October 2020 GOVERNMENT GAZETTE, WA 3607 Every sanitary convenience shall be installed in accordance with the requirements of Country Areas Water Supply Act 1947, the Health (Treatment of Sewage and Disposal of Effluent and Liquid Wastes) Regulations 1974 and the Water Services Act 2012 and shall have an adequate supply of water. Division 2—Bathrooms, Laundries and Kitchens 2.12 Bathrooms (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a bathroom that— (a) is adequately lined with an impervious material and has a ceiling that complies with the Building Code; (b) complies with the Health Act (Laundries and Bathrooms) Regulations and the Building Code; and (c) is equipped with— (i) a hand wash basin; and (ii) either a shower in a shower recess or a bath. (2) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate supply of hot and cold water. (3) The floor of the bathroom must be properly surfaced, with an even fall to a floor waste unless otherwise approved, suitably trapped and discharging to— (a) the sewer of a licensed water service operator; or (b) an apparatus for the treatment of sewage approved by the local government. 2.13 Laundries (1) A laundry must comply with the requirements of the Health Act (Laundries and Bathrooms) Regulations and the Building Code. (2) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored or consumed, the laundry shall be separated from the kitchen by a wall extending from the floor to the roof or ceiling, unless otherwise approved. (3) Where there is an opening between a laundry and a kitchen or other room where food is stored or consumed, the opening shall— (a) not be more than 1,220 millimetres wide; and (b) have a door which when closed shall completely fill the opening. (4) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a laundry that— (a) is properly enclosed and roofed; (b) is adequately lined with an impervious material; (c) has a floor of concrete or other approved impervious material of an approved thickness; (d) is properly surfaced, with an even fall to a floor waste unless otherwise approved, suitably trapped and discharging to— (i) the sewer of a licensed water service operator; or (ii) an on-site waste water disposal system of a type approved as approved by the local government; and (e) is provided with adequate ventilation. (5) The laundry referred to in subclause (1) must conform to the provisions of the Building Code and the Health Act (Laundries and Bathrooms) Regulations. (6) In the case of a single occupancy dwelling, the laundry referred to in subclause (1) shall have— (a) either— (i) two wash troughs; (ii) a washing machine and either a wash trough or a sink; and (b) a clothes drying facility comprising either a mechanical clothes dryer or not less than 20 metres of clothes line erected externally. (7) All wash troughs, sinks and washing machines shall be— (a) in a laundry and connected to an adequate supply of hot and cold water; and (b) installed to manufacturer’s specifications, and; (c) all wash troughs shall have a capacity of at least 36 litres. (8) Sole or multiple occupancy units, each being a separate dwelling, shall have— (a) laundry facilities, in accordance with the Building Code, for the exclusive use of the occupants of each unit; or (b) a separate laundry, with communal laundry facilities in accordance with the Building Code, for up to 4 sole occupancy units that do not have their own laundry facilities.

3608 GOVERNMENT GAZETTE, WA 8 October 2020 2.14 Washing or keeping of clothes in kitchens A person shall not in any kitchen or other place where food is kept— (a) wash or permit to be washed any clothing or bed linen; or (b) keep or permit to be kept any soiled clothing or bed linen. 2.15 Kitchens (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a kitchen which complies with the requirements of the Building Code and which is equipped with— (a) a cooking facility which is adequate in the opinion of an Authorised Officer; and (b) a sink which is adequate in the opinion of an Authorised Officer and which has an adequate supply of hot and cold water. (2) The occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in good order and repair and fit for use. (3) A cooking facility shall— (a) be installed in accordance with the requirements of the Department of Mines, Industry Regulation and Safety, and the manufacturer’s specifications; and (b) not be installed or used in any room other than a kitchen. (4) Mechanical extraction shall be provided in a kitchen and the exhaust air shall be— (a) carried to the outside air as directly as practicable; and (b) boxed throughout. (5) In this clause, a— cooking facility includes a stove, oven, facility or appliance used for or in connection with the cooking of food. PART 3—HOUSING AND GENERAL Division 1—Maintenance of Dwelling Houses 3.1 Dwelling house maintenance The owner or occupier of a dwelling house and any appurtenant buildings shall maintain the dwelling house and appurtenant buildings in sound condition and fit for use and, in particular, shall— (a) maintain all roofs in sound weatherproof condition; (b) maintain any footings, foundations and walls, either external or internal, in a sound condition; (c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material in any veranda, roof, walls, steps, handrails, floors or their supports with material of sound quality; (d) comply with the directions of an Authorised Officer to treat the premises for the purpose of destroying any termites; (e) maintain any brick, stone, mortar or cement work in a sound condition; (f) maintain, repair or replace any flashings or ant caps which are missing or defective; (g) maintain all floors even in surface and free from cracks; (h) maintain all ceilings, internal wall finishes, skirting boards, architraves and other fixtures and fittings complete and with smooth unbroken surfaces; (i) maintain all doors and windows in good working order and weatherproof condition; (j) retain all natural lighting free from any obstruction which would reduce the natural lighting, below the ratio of 10% of the floor area; (k) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so that they comply in all respects with the provisions of the Water Services Act 2012, the Plumbing Code of Australia and relevant associated standards, and any other legal requirements to which they are subject; (l) maintain all electric wiring, gas services and fittings to comply with the requirements of all relevant public authorities; and (m) maintain all ventilators in good order and repair. 3.2 Guttering and downpipes The owner or occupier of a dwelling house which has guttering and downpipes shall— (a) maintain all guttering, downpipes and drains on the premises in a good state of repair, clean and free from obstruction; and (b) not permit any rainwater from the premises to discharge from the guttering onto or over a footpath, street or other property. 3.3 Disposal of rainwater (1) The owner or occupier of a dwelling house shall not use or occupy or permit to be used or occupied, a dwelling house unless all rainwater is effectively disposed of or collected in an approved manner that will not be a nuisance or injurious or dangerous to health of any person.

8 October 2020 GOVERNMENT GAZETTE, WA 3609 (2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government approved stormwater drain or road. Division 2—Ventilation of Houses 3.4 Exemption for short term hostels and recreational campsites This division shall not apply to short term hostels and recreational campsites referred to in Division 2 of Part 8. 3.5 Overcrowding The owner or occupier of a house shall not permit— (a) a room in the house that is not a habitable room to be used for sleeping purposes; (b) a habitable room in the house to be used for sleeping purposes unless— (i) for every person over the age of 10 years using the room there is at least 14 cubic metres of air space per person; and (ii) for every person between the ages of 1 and 10 years there is at least 8 cubic metres of air space per person; or (c) any garage, shed or area under a veranda or patio to be used for sleeping purposes. 3.6 Calculated sufficient space For the purpose of clause 3.5, in calculating the space required for each person— (a) each room shall be considered separately and sufficient space shall be allowed in each room for the number of persons present in the room at any one time; and (b) deduction shall be made for the space occupied by furniture, beds, equipment, fittings and projections of the walls into a room. 3.7 Ventilation (1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is properly ventilated. (2) For the purpose of subclause (1) a house shall be deemed to be properly ventilated if it complies with the Building Code, including the provision of— (a) natural ventilation; or (b) a mechanical ventilation or air-conditioning system complying with AS 1668.2. (3) The owner of a house provided with a mechanical ventilation or air-conditioning system as its only or prime means of ventilation shall ensure that the system is— (a) maintained in good working condition and in accordance with AS 3666.2; and (b) in use at all times the building is occupied. (4) If, in the opinion of an Authorised Officer, a house is not properly ventilated, the Authorised Officer may by notice require the owner of the house to— (a) provide a different, or additional method of ventilation; or (b) cease using the house until it is properly ventilated. 3.8 Sub-floor ventilation The owner or occupier of a house shall make provision for sub-floor ventilation by ensuring that air bricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like. Division 3—Water Supply 3.9 Water supply (1) The owner of every house shall provide a continuous supply of drinking water, reticulated for use and obtained from— (a) a licensed water service operator; (b) an underground bore; or (c) a rainwater storage system with a minimum capacity of 120,000 litres. (2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the house. (3) The water supply to toilets or for garden use may be from an alternative source that is not necessarily drinking water but must comply with the requirements of relevant legislation, codes of practice or guidelines where applicable. 3.10 Rainwater tanks The owner or occupier of a house for which the water supply is drawn from a rainwater tank shall ensure that it is managed and maintained so as to meet the relevant standards in the Australian Drinking Water Guidelines developed by the National Health and Medical Research Council and in particular— (a) maintain in a clean condition— (i) the roof forming the catchment for the tank; and (ii) the guttering and downpipes appurtenant to the roof;

3610 GOVERNMENT GAZETTE, WA 8 October 2020 (b) ensure that each rainwater tank is fitted with a tight-fitting mosquito proof cover which shall not be removed at any time except for the purpose of inspecting, cleaning, repairing or maintaining the tank; (c) if the tank water is breeding mosquitoes, eliminate the point of entry and treat with a small quantity of liquid paraffin at a rate of not more than 5 millilitres per square meter of surface area so as to form a thin even film over the whole surface or otherwise as advised by an Authorised Officer; (d) inspect the rainwater tank and associated components at least every 6 months including gutters, catchment roof, tank inlet, debris traps, mosquito cowls, inside of the tank, tank roof and connecting pipework and remove any accumulated debris, leaf material or other contaminants evident and repair any damaged components; (e) at least once every two years, inspect the bottom and walls of the tank for accumulated sediments, sludge and slime and where necessary thoroughly clean any tank which contains water used for human consumption; (f) when directed by an Authorised Officer, empty, clean and disinfect any tank upon the premises which contains water used for human consumption; and (g) dispose of any organic material and water from cleaning and desludging operations around the garden or yard ensuring that it is retained on site and does not cause a health nuisance. 3.11 Bores and wells The owner or occupier of any premises shall not use or permit for human consumption the use of water from any bore or well unless the bore or well is— (a) at least 30 metres from any soak well, leach drain or irrigation area where effluent has been discharged from any wastewater treatment system or any other possible source of pollution unless otherwise approved by the Chief Health Officer; (b) covered with a tight fitting cover without openings of any sort other than those essential for the insertion of a pump; and (c) compliant with the requirements of the Health Act (Underground Water Supply) Regulations 1959. 3.12 Pollution A person shall not deposit on or under any land, any sewage, offensive matter or any other thing which may pollute or render unfit for human consumption, water from a well or other underground source. Division 4—Second-hand Furniture, Bedding and Clothing 3.13 Prohibition on sale A person shall not offer for sale or sell any second-hand furniture, bedding or clothing which is filthy or infested with vermin or vectors of disease. 3.14 Prohibition on possession A dealer in second-hand furniture, bedding or clothing shall not have on any premises used for the operation of the business any second-hand furniture, bedding or clothing which is filthy or infested with vermin or vectors of disease. Division 5—Morgues 3.15 Licensing of morgues (1) All non-government morgues shall be licensed pursuant to the provisions of this clause. (2) An application for licence of a morgue shall be in a form as determined by the local government from time to time and shall be— (a) made by the applicant; (b) forwarded to the Chief Executive Officer with the fee as fixed by the local government from time to time under Sections 6.16 to 6.19 of the Local Government Act 1995. (3) A Certificate of Licence of a Morgue shall— (a) be in a form as determined by the local government from time to time; and (b) expire on 30 June next after the date of its issue. (4) A Certificate of Licence of a Morgue shall not be granted in respect of any premises unless— (a) provision has been made for the keeping of the bodies of the dead at a temperature not exceeding zero degrees Celsius; (b) the walls are constructed of stone or brickwork or other approved material; (c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to be non-absorbent and washable; (d) all floors are constructed of some impervious material, having a fall to an outlet discharging over a trapped gully; and (e) the premises are adequately ventilated by direct communication with the outside air.

8 October 2020 GOVERNMENT GAZETTE, WA 3611 PART 4 –LIQUID REFUSE, LIQUID WASTE, BUTCHERS’ WASTE, RUBBISH AND REFUSE Division 1—Liquid Refuse and Liquid Waste 4.1 Interpretation apparatus for the treatment of sewage has the same meaning as in section 3 of the (Miscellaneous Provisions) Act 1911; liquid refuse includes all washing from the commercial cleaning of vehicles, overflow, bleed off, condensate and drainage from air conditioning equipment including cooling towers and evaporative coolers and other liquid used for cooling purposes and swimming pool discharges; liquid waste means wastewater or any other liquid waste from domestic, industrial or commercial activities, other than effluent; and includes bathroom, kitchen, scullery and laundry wastes, all washings from animal and poultry pens and any other domestic or trade wastes that are discharged by means of a drain to a receptacle for drainage; receptacle for drainage has the same meaning as in the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974. 4.2 Deposit of liquid refuse (1) A person shall not deposit or cause or permit to be deposited liquid refuse— (a) on a street; (b) in a storm water disposal system; or (c) on any land or place other than a place or depot duly authorised for that purpose. (2) The owner or occupier of land on which a swimming pool is constructed shall ensure that all backwash is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on adjacent land. (3) Subclause (2) shall not prevent the discharge of swimming pool backwash from a lot into a local government approved stormwater drain or road by a method approved by an authorised officer. 4.3 Disposal of liquid waste (1) The owner or occupier of premises shall provide, by one of the methods prescribed in this clause, for the disposal of all liquid waste produced on the premises; and at all times maintain in good working order and condition any apparatus used for the disposal of liquid waste. (2) Liquid waste shall be disposed of by one of the following methods— (a) discharging it into the sewage system of a licensed water service operator in a manner approved by the licensed water service operator; (b) discharging it into an apparatus for the treatment of sewage approved by the Chief Health Officer or the local government; or (c) collection and disposal at an approved liquid waste disposal site in a manner approved by the Chief Health Officer. Division 2—Transport of Butchers’ Waste 4.4 Interpretation butchers’ waste includes animal skeleton and rib cages, from a boning room and the inedible products of an abattoir or a butcher’s shop. 4.5 Restriction of vehicles (1) A person shall not use, for the transport of butchers’ waste a vehicle used for the transport of food or anything intended to be used for the packing or handling of food for human consumption. (2) A vehicle used for the transport of butchers’ waste shall not be used to transport any other item, substance or material which is not ‘butchers’ waste in the same compartment. 4.6 Transport of butchers’ waste (1) A person shall not transport butchers’ waste otherwise than in a compartment complying with the following specifications— (a) the floor and walls to be made of an approved impervious material; (b) all joints to be made water-tight; (c) the loading doors, if any, to be water-tight and kept closed at all times except when loading or unloading; (d) the top and sides are to be covered by a tarpaulin or other impervious material approved by an Authorised Officer so as to keep the load out of sight of the public; or (e) in a container which is water-tight, durable and impervious and which is fitted with a lid which can be tightly closed. (2) A person shall not transport any butchers’ waste in a vehicle unless the vehicle and its fittings, including the compartment or container referred to in this clause are— (a) maintained in good order and condition; and (b) thoroughly cleaned at the conclusion of each day’s work.