3570GOVERNMENT GAZETTE, WA 6 October 2020

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