Sch 1DETERMINATIONS IN RESPECT OF JETTIES AND SWIMMING STRUCTURES

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;