CITY OF BUNBURY
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PARKING LOCAL LAW 2023
19 June 2023 GOVERNMENT GAZETTE, WA 1843
LOCAL GOVERNMENT ACT 1995
CITY OF BUNBURY
PARKING LOCAL LAW 2023
Under the powers conferred by the Local Government Act 1995 and by all other powers enabling it, the
Council of the City of Bunbury resolved on 23 May 2023 to make the following local law.
PART 1—PRELIMINARY
1.1 Repeal
The City of Bunbury Parking and Parking Facilities Local Law 2018 published in the Government
Gazette on 15 January 2019 is repealed.
1.2 Citation
This local law may be cited as the City of Bunbury Parking Local Law 2023.
1.3 Commencement
This local law comes into operation 14 days after the date of its publication in the Government Gazette.
1.4 Definitions
In this local law unless the context otherwise requires—
Act means the Local Government Act 1995;
AS means an Australian Standard as published by Standards Australia and amended from time to
time;
authorised person means a person authorised 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 and where the
context requires, any member of the Western Australian Police Service;
authorised vehicle means a vehicle authorised by the local government, CEO or authorised
person, or by any written law, to stop or park in a parking facility;
bicycle crossing means any portion of a carriageway near each end of which may be erected, on
each side of the carriageway, bicycle crossing signs or lights;
bicycle crossing lights means a device designed to show, at different times, a green, yellow or red
bicycle crossing light;
bus has the same meaning given to it in the Road Traffic Code 2000;
bus embayment has the same meaning given to it in the Road Traffic Code 2000;
caravan means a vehicle that is fitted or designed to allow human habitation;
carriageway has the meaning given to it in the Road Traffic Code 2000;
centre has the same meaning given to it in the Road Traffic Code 2000;
CEO means the Chief Executive Officer of the City of Bunbury;
charter bus means any bus which is used, hired or chartered for any purpose but does not include
a public bus;
charter bus zone means a parking bay designated for use by a charter bus;
City means the City of Bunbury;
clause means a clause of this local law;
commercial vehicle means a vehicle specifically designed, constructed and used primarily for the
conveyance therein or thereon of goods (not being a trailer or a vehicle to which a trailer is
attached);
Council means the council of the local government;
delivery vehicle means a motor vehicle on which a business name as defined in the Business
Names Act 1962 or a trade mark as defined in the Trade Marks Act 1995 is permanently affixed
and readily legible which is being used for the conveyance of goods therein or thereon;
disability parking permit has the meaning given to it in the Local Government (Parking for
People with Disabilities) Regulations 2014;
disabled parking bay means a part of a parking facility which is identified or marked by painted
lines, symbols, inscriptions or signs as a bay for the parking of vehicles driven by or carrying a
person with a disability;
district means the district of the local government;
driver means any person driving or in control of or in charge of a vehicle or any person driving,
leading or in control of or in charge of any animal;
edge line for a carriageway, means any line marked along the carriageway at or near the far left
or far right side of the carriageway;
emergency vehicle has the meaning given to it in the Road Traffic Code 2000;
1844 GOVERNMENT GAZETTE, WA 19 June 2023
footpath includes every footpath, lane or other place—
(a) intended for the use of pedestrians only or, in the case of a dual use path, for the use of
pedestrians and bicyclists only; or
(b) ordinarily used by pedestrians and not by vehicles or, in the case of a dual use path, by
pedestrians and bicyclists and not by vehicles other than bicycles;
Keep Clear Area means a portion of a carriageway that lies—
(a) between 2 consecutive signs inscribed with the words "KEEP CLEAR" and each with an
arrow pointing generally towards the other; or
(b) between a sign inscribed with the words "KEEP CLEAR" and whichever of the following
that lies in the general direction indicated by an arrow inscribed on the sign—
(i) the end of the carriageway; or
(ii) an area in which stopping is prohibited; or
(iii) the furthest point of "KEEP CLEAR" markings;
kerb means any structure, mark, marking or device to delineate or indicate the edge of a
carriageway;
loading zone means a parking bay or length of carriageway to which a loading zone sign applies
and is designated for the use by commercial vehicles or delivery vehicles or an authorised
vehicle for the purpose of delivering or collecting goods;
local government means the City of Bunbury;
marked foot crossing has the meaning given to it in the Road Traffic Code 2000;
median strip has the meaning given to it in the Road Traffic Code 2000;
metered space means a section or part of a metered zone that is controlled by a parking meter and
that is marked or defined in any way to indicate where a vehicle may be parked on payment of
a fee or charge;
metered zone means any road or reserve, or part of any road or reserve, in which parking meters
regulate the stopping or parking of vehicles;
motor cycle means a motor vehicle designed to travel on two wheels but shall not include a motor
vehicle to which a sidecar is attached;
motor vehicle means a self-propelled vehicle that is not operated on rails, and the expression
includes a trailer, semi-trailer or caravan while attached to a motor vehicle, but does not
include a power assisted pedal cycle or motor scooter;
no parking area means a portion of carriageway that lies—
(a) between two consecutive signs inscribed with the words or symbol denoting "No Parking"
and each with an arrow pointing generally towards the other of them; or
(b) between a sign, inscribed with the words or symbol denoting "No Parking" and a dead
end or an area in which standing is prohibited and that lies in the general direction
indicated by an arrow inscribed on the sign;
no stopping area means a portion of a carriageway that lies—
(a) between 2 consecutive signs inscribed with the symbol denoting "No Stopping" and each
with an arrow pointing generally towards the other; or
(b) between a sign inscribed with the symbol denoting "No Stopping" and whichever of the
following that lies in the general direction indicated by an arrow inscribed on the sign—
(i) the end of the carriageway; or
(ii) an area in which stopping is prohibited; or
(c) adjacent to a continuous yellow edge line;
obstruct means to interfere with, impede or hinder the passage of any vehicle or person;
occupier has the meaning given to it in the Act;
owner—
(a) where used in relation to a vehicle licensed under the Road Traffic Act, means the person
in whose name the vehicle has been registered under that Road Traffic Act;
(b) where used in relation to any other vehicle, means the person who owns the vehicle or
who is in possession of the vehicle or is entitled to possession of the vehicle; and
(c) where used in relation to land, has the meaning give to it by the Act;
park has the meaning given to it in the Road Traffic Code 2000;
parking area means a portion of a carriageway—
(a) between two consecutive signs, inscribed with the words "Parking", each with an arrow
pointing generally towards the other of them;
(b) extending, from a sign inscribed with the word, "Parking" in the general direction
indicated by an arrow inscribed on the sign, to any other sign inscribed with the words
"No Parking" or "No Standing or to a dead end or an area in which the parking or
standing of vehicles is prohibited and is in that half of the carriageway nearest to the
sign;
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parking bay means a section or part of a parking facility, road, reserve or parking station that is
marked or defined by painted lines or similar devices for the purpose of indicating where a
vehicle may stop or park with or without payment of a fee;
parking facility—
(a) includes land, buildings, shelters, signs, notices and other facilities open to the public
generally for the parking of vehicles with or without charge; and
(b) includes a road, reserve, parking area, metered zone, ticket machine zone, truck zone,
work zone, taxi zone, bus zone, charter bus zone, public bus zone, bicycle zone, parking
bay, parking station, attended parking station and any other facility available to the
public generally or a specified class of persons or a specified class of vehicle for the
parking of a vehicle, whether or not a fee is charged;
parking policy means a policy adopted by the Council under Part 9;
parking region means the whole of the district of the local government of the City of Bunbury
excluding the following portions of the district—
(a) any road proclaimed to be a main road under provisions of the Main Roads Act 1930;
(b) the approach and departure prohibition areas of all traffic signal installations; and
(c) prohibition areas applicable to all bridges and subways;
parking session means the period in which a user is parked at a parking location and is measured
from when a User starts parking in a parking location and stops parking in a parking location,
or the time paid for by a user expires.
parking station means any land, building or other structure providing for the purpose of
accommodating vehicles with or without charge, but does not include a metered zone or metered
stall or private garage;
parking meter means a machine/application which is designed to accept payment and/or register
a parking session.;
parking permit means a card, permit or voucher which is purchased from the local government
and which authorises the parking of a vehicle in a parking stall, parking station or part of a
parking station;
pedestrian has the same meaning as in the Road Traffic Code 2000;
pedestrian crossing has the same meaning as in the Road Traffic Code 2000;
penalty unit has the meaning given in the City of Bunbury Penalty Units Local Law 2018;
person includes a propriety limited company or association;
properly displayed means displayed inside a vehicle on the dashboard and clearly visible to and
able to be read from outside the vehicle through the windscreen or either front window by an
authorised person at all times while the vehicle remains parked;
property line means the lateral boundary of a road;
public bus means any bus available to the general public in the course of general transport services
but does not include a charter bus;
public bus zone means a parking bay designated for use by a public bus;
reserve includes any land—
(a) owned by the local government;
(b) of which the local government is the management body under the Land Administration
Act 1997; or
(c) which is an "otherwise unvested facility" in terms of section 3.53 of the Act;
road includes a highway, road, lane, thoroughfare, carriageway or similar place, or part thereof,
which is within the parking region of the local government, which the public are allowed to use
and includes every part of the highway, lane, thoroughfare or similar place and other things
including bridges and culverts appurtenant thereto and includes all of the land lying between
the property lines including the road verge and footpath;
road verge means a portion of a road which lies between the boundary of a carriageway and the
property line adjacent thereto, and includes any park or reserve or any other land proclaimed
by the local government for any purpose whatsoever and also includes the term "nature strip"
and also includes any crossover, but does not include the footpath;
Schedule means a Schedule to this local law;
shared zone means the network of roads in an area with—
(a) "shared zone" signage on each road into the area; and
(b) an "end shared zone" sign on each road out of the area;
sign includes a traffic sign, permissive parking sign, inscription, mark, painted line, structure or
device approved by the local government on which may be shown words, numbers, expressions
or symbols, and which is placed or erected on or near a road, reserve or parking station for the
purpose of prohibiting, regulating, guiding, directing or regulating the stopping or parking of
vehicles and any sign bearing a reasonable likeness of any representation of a traffic sign or
permissive parking sign contained within the Road Traffic Code 2000;
stop has the meaning given to it in the Road Traffic Code 2000;
street has the same meaning as road;
1846 GOVERNMENT GAZETTE, WA 19 June 2023
symbol includes any symbol specified by the Road Traffic Code 2000;
taxi has the meaning given to it in the Road Traffic Code 2000;
thoroughfare has the meaning given to it in the Act;
T-Intersection means an intersection where the end of a road intersects with the continuous side
of a continuing road;
traffic island means any physical provision, other than lines marked on a carriageway, to guide
vehicular traffic;
trailer means any vehicle without motor power of its own, designed for attachment to a motor
vehicle for the purpose of being towed, but does not include the rear portion of an articulated
vehicle or a side car;
truck has the meaning given to it in the Road Traffic Code 2000;
truck bay means a parking bay designated for use by trucks only;
unattended means the driver has left the vehicle so that the driver is more than 3 metres from
the closest point of the vehicle;
valve stem reading means a method of recording the position of the tyre valves in relation to the
kerb or road surface; and
vehicle includes—
(a) every conveyance, not being a train, vessel or aircraft, and every object capable of being
propelled or drawn on wheels or tracks, by any means; and
(b) where the context permits, an animal being driven or ridden.
PART 2—ADMINISTRATION
2.1 Application of particular definitions
(1) For the purposes of the application of the definitions of no parking area, no stopping area, and
parking area, an arrow inscribed on a traffic sign erected at an angle to the boundary of the
carriageway is taken to be pointing in the general direction in which it would point if the signs were
viewed from the centre of the road, perpendicular to the sign post.
(2) A reference to a word or expression inscribed on a sign includes a reference to a symbol depicting
that word or expression.
(3) A reference to a parking station or metered zone includes a reference to part of the parking station
or part of the metered zone.
2.2 Undefined terms
Where a term is used but is not defined in the Act or in this local law and that term is defined in the
Road Traffic Act 1974 or the Road Traffic Code 2000 then, unless the context otherwise requires, the
term is to have the meaning given to it in the Road Traffic Act 1974 or the Road Traffic Code 2000.
2.3 Delegation
(1) In this local law a reference to the local government having the power to do something in its
discretion, and whether or not subject to any condition it thinks fit, shall be deemed to include a
reference to the CEO and a committee to which the local government has delegated the power of
doing the thing or exercising the discretion.
(2) In this local law a reference to the local government having power to do something in its discretion,
shall be deemed to include a reference to any employee of the local government to whom the CEO
has delegated to exercise any of the CEO's powers or the discharge of any of the CEO's duties in
relation to this local law.
2.4 Determination of fees and charges
In this local law any fees and charges shall be determined from time to time by resolution of the local
government in accordance with the provisions of the Act.
2.5 Application of local law
(1) This local law applies to the parking region and all parking stations and parking facilities in the
parking region and include a parking facility or parking station that—
(a) is owned, controlled or occupied by the local government; or
(b) is owned by the local government but is leased to another person, persons or company; or
(c) is owned or occupied by another person, persons or company whom have a current agreement
with the local government to enforce these local laws.
2.6 Sign erected by the Commissioner of Main Roads
(1) Any sign that—
(a) was erected by the Commissioner of Main Roads prior to the coming into operation of this local
law; and
(b) relates to the restriction, parking or standing of vehicles,
shall be deemed, for the purposes of this local law, to have been erected by the local government
under the authority of this local law.
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2.7 Application of signs
(1) This local law applies to the stopping or parking of vehicles within the district which is controlled
by a sign. Such sign shall be read as applying to that part of the road or road verge which—
(a) lies beyond the sign; or
(b) lies between the sign and the next sign beyond that sign; and
(c) is that half or side of the carriageway of the road or road verge nearest to the sign.
(2) For the purposes of this local law a sign may, by the use of any symbol or other traffic control device
specified in accordance with AS 1742.11-2016—
(a) prohibit or regulate parking and stopping; or
(b) specify maximum times; or
(c) specify permitted classes of vehicles.
2.8 Class of vehicles
(1) For the purpose of this local law vehicles are divided into classes as follows—
(a) buses;
(b) commercial vehicles;
(c) motor cycles;
(d) bicycles;
(e) taxis; and
(f) all other vehicles not otherwise classified, which includes motor cycles with sidecars attached.
PART 3—STOPPING AND PARKING GENERALLY
3.1 Power to prohibit and regulate
(1) The local government may by resolution prohibit or regulate by signs or otherwise the stopping and
parking of any vehicle or class of person and vehicle, or both, but is to do so consistently with the
provisions of this local law.
(2) The local government may by resolution establish, determine, vary and indicate by signs—
(a) parking facilities; or
(b) permitted times and conditions of stopping and parking which may vary with the locality; or
(c) permitted persons who may stop or park their vehicles; or
(d) permitted classes of vehicles which may stop or park; and
(e) the manner of stopping or parking.
(3) Where the local government makes a determination under this clause it shall erect signs to give
effect to the determination.
(4) Notwithstanding clause 2.3, a decision under this clause will not be delegated by the Council.
3.2 Stopping or parking in accordance with signs
(1) A person must not stop or park a vehicle in a parking facility—
(a) if by a sign it is set apart for the stopping or parking of vehicles of a different class; or
(b) if by a sign it is set apart for the stopping or parking of vehicles by persons of a different class;
or
(c) during any period when the stopping or parking of vehicles is prohibited by a sign—
(i) other than wholly within a parking bay or metered space; or
(ii) if a vehicle is too wide or long to fit completely within a single parking bay, the person
stopping the vehicle shall park with the vehicle within the minimum number of parking
bays needed to park that vehicle; or
(d) otherwise than in accordance with a sign applying to the place where the vehicle is stopping or
parked.
(e) for more than the maximum time specified by a sign unless—
(i) the vehicle displays a disability parking permit, and the person with the disability is
either the driver or the passenger, in which case the vehicle may be parked (except in a
parking area for people with disabilities) in accordance with regulation 174(2) of the
Code;
(ii) The vehicle displays a current permit issued by the City.
(f) that is designated by a sign as a loading dock—unless, in respect of the vehicle, a person is
actively engaged in loading or unloading goods or materials used in any trade, business,
industry or other work.
(2) A person must not stop or park a vehicle—
(a) in a no stopping area; or
(b) partly within and partly outside a parking area; or
(c) in a bay marked 'M/C' unless it is a motorcycle without a sidecar; or
(d) in a bus lane; or
1848 GOVERNMENT GAZETTE, WA 19 June 2023
(e) in a transit lane; or
(f) in a truck lane; or
(g) in a bicycle lane,
unless the person is driving a public bus or taxi and is immediately dropping off or picking up
passengers.
(3) A person must not park a vehicle in a no parking area.
(4) A person must not stop a vehicle at the side of a carriageway marked with a continuous yellow
edged line.
(5) A person must not stop or park a vehicle on or in an area of a carriageway signed or marked as a
keep clear area.
(6) If there is no sign referable to a parking bay or metered space marked 'M/C' a person must not stop
or park a vehicle longer than the maximum period shown on the parking sign applicable to that
parking bay or metered space.
(7) Unless authorised by the local government, a person must not stop or park a vehicle in an area
designated by a sign inscribed "Authorised Vehicles Only".
(8) Unless authorised by the local government, a person must not stop or park a vehicle in a parking
area for longer than the time period indicated by a sign, unless—
(a) clause 3.16 applies; or
(b) if the vehicle displays a disability parking permit, the vehicle may park continuously for twice
the period indicated on a sign, except in a parking area set aside for people with disabilities.
(9) A person must not park a vehicle in a parking facility, carriageway or verge within an area
designated as road closed without the permission of an authorised person.
3.3 Parking without consent
(1) A person must not stop or park a vehicle on land without the consent of the owner or occupier of
the land on which the vehicle is stopped or parked.
(2) Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to
the stopping or parking of vehicles on the land, a person must not stop or park on the land other
than in accordance with the consent given.
3.4 Parking positions
(1) Where the signs referable to a parking area are not inscribed with the words "angle parking" then
unless a sign referable to the parking area indicates, or marks on the carriageway indicate, that
vehicles have to park in a different position—
(a) where the parking area is adjacent to the boundary of a carriageway, a person stopping or
parking a vehicle in the parking area must stop or park it as near as practicable to and parallel
with that boundary; and
(b) where the parking area is at or near the centre of the carriageway, a person stopping or parking
a vehicle in that parking area must stop or park it at approximately right angles to the centre
of the carriageway.
(2) A person must park or stop a vehicle wholly within the painted lines on the road surface where
lines are marked.
3.5 Angle parking
(1) Where a sign referable to a parking area is inscribed with the words "angle parking" a person
stopping or parking a vehicle in the area must stop or park the vehicle at an angle of approximately
45 degrees to the centre of the carriageway unless otherwise indicated by the inscription on the
sign or by marks on the carriageway.
(2) Where a sign referable to a parking area is inscribed with the words "angle parking" a person
stopping or parking a vehicle in the area must stop or park the vehicle in such a manner that the
front of the vehicle is closest to the kerb or side of the road, in the same direction as the adjacent
traffic lane, unless otherwise instructed on adjacent signage.
3.6 Loading zone
(1) A person must not stop or park a vehicle in a loading zone unless—
(a) the vehicle is a commercial vehicle or delivery vehicle or a vehicle authorised by permit that is
current and prominently displayed; and
(b) a person is continuously engaged in loading or unloading goods to or from that vehicle.
(2) A person must not stop or park a commercial vehicle or a delivery vehicle or an authorised vehicle
in a loading zone for longer than shown on adjacent signage, and if no time is shown on adjacent
signage, a limit of 30 minutes shall apply.
3.7 Parking or stopping on reserves
(1) A person, other than an employee of the local government in the course of his or her duties or a
person authorised by the local government, must not drive, stop or park a vehicle on or over any
portion of a reserve other than an area specifically set aside for that purpose.
(2) Unless authorised by the local government, a person—
(a) must not, for the purposes of conducting a business, stop or park a vehicle on any part of a
reserve; or
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(b) must not stop or park a vehicle or part of a vehicle on or over any footpath constructed across
a reserve.
3.8 Occupied parking bays
A person must not stop or park or attempt to stop or park a vehicle in a parking bay or metered space
in which another vehicle is stopping or parked.
3.9 Operation of parking meters
A person must not operate a parking meter except in accordance with the operating instructions
appearing on the parking meter.
3.10 Alternative methods of payment for parking
(1) The local government may allow a person to pay for parking in advance or in arrears by issuing,
for example, a permit, card, invoice, ticket or pass or any other system of payment that may be
determined by the local government from time to time and referred to in this clause as "alternative
methods of payment".
(2) A person who has been permitted by the local government to make alternative methods of payment
for parking is exempt from paying fees at the parking station providing that he or she complies
with the terms of the alternative method of payment including displaying the current approved
permit (where applicable) so that the extent of the permit is fully visible from the outside of the
vehicle.
(3) An alternative method of payment may not be used by any person other than the person who
received authorisation from the local government or from an agent or representative authorised by
the local government.
3.11 Set aside parking facilities
(1) Where a parking facility has been set aside under clauses 3.1(2)(c) or (d) the local government—
(a) may issue a written permit to the relevant person or vehicles of the class; and
(b) may vary or revoke a permit at any time.
(2) Except with the permission of an authorised person, a person must not stop or park a vehicle in a
parking facility set aside under subclause (1) unless—
(a) the permit is properly displayed;
(b) the permit bears a valid date; and
(c) the person or the class of vehicle as specified in the permit is specified on the sign which sign
sets aside a part or all the parking facility.
3.12 Miscellaneous areas
A person must not stop in a parking bay or metered space that has been established for a purpose other
than the parking of vehicle.
3.13 Urgent, essential or official duties
(1) Where by a sign the stopping or parking of vehicles is prohibited or permitted for a limited time in
a parking facility, the local government may permit a person to stop or park a vehicle, belonging to
an authorised service authority and/or their approved agent, in a parking facility although not
otherwise permitted or for longer than the permitted time so that the person may carry out urgent,
essential or official duties.
(2) Where authorisation is given under subclause (1) the local government may prohibit, for the
duration of that authorisation, the use by any other vehicle of that portion of the parking facility to
which the authorisation relates.
(3) A permit issued under subclause (1) may—
(a) authorise the stopping or parking of the vehicle continuously for a specified period or periods
or between specified times or from time to time during a specified period; and
(b) be revoked or suspended at any time by the local government before the expiration of any time
or period specified in the permit without resulting in a refund of any applicable fees.
(4) A person must not stop or park a vehicle in respect of which a permit has been issued under
subclause (1)—
(a) except at the times or during the period specified in the permit;
(b) for any purpose other than the purpose specified in the permit; or
(c) at any time after the cancellation, revocation or suspension of the permit.
3.14 Direction to move vehicle
A person must not stop or park a vehicle after being directed by an authorised person or a police officer
to move the vehicle.
3.15 Selling or hiring in a parking facility
A person must not sell, bail, hire or give away any goods or thing or erect an advertisement in a parking
facility or parking bay without the written authorisation of the local government.
1850 GOVERNMENT GAZETTE, WA 19 June 2023
3.16 Obstruction of a parking facility
A person must not stop or park a vehicle in a parking facility so as to obstruct any entrance, exit,
carriageway, passage or thoroughfare of the parking facility without the written authorisation of the
local government or the approval of the facility owner.
3.17 Behaviour in a parking facility
(1) A person must not remain in a parking facility after having been directed to leave by an authorised
person or a police officer.
(2) A person must not loiter in a parking facility.
3.18 Damage to parking facilities
(1) A person must not remove, damage, deface, misuse or interfere with any part of a parking facility.
(2) A person shall not remove, damage, deface, misuse or interfere with any parking meter, ticket
issuing machine, or pay station, or cause, attempt, suffer, permit or allow any such act.
3.19 Removal and impounding of vehicles
The powers of the local government to remove and impound goods including vehicles are set out in Part
3 Division 3 Subdivision 4 of the Act.
PART 4—STOPPING AND PARKING ON ROADS AND OTHER AREAS
4.1 Stopping and parking on a carriageway
(1) Subject to clause 3.2, a person stopping or parking a vehicle on a carriageway must stop or park
the vehicle—
(a) in the case of a two-way carriageway, so that it is as near as practicable to and
parallel with, the left boundary of the carriageway and headed in the direction of the movement
of traffic on the side of the road on which the vehicle is stopping or parked; or
(b) in the case of a one-way carriageway, so that it is as near as practicable to and
parallel with either boundary of the carriageway and headed in the direction of the movement
of traffic on the side of the road on which the vehicle is stopping or parked; or
(c) so that at least 3 metres of the width of the carriageway lies between the vehicle and the
opposite boundary of the carriageway, or between the vehicle and a vehicle stopping or parked
on the opposite side of the carriageway; or
(d) so that it is more than 1.2 metres from any other vehicle, except a motorcycle without a trailer
stopping or parked in accordance with this local law; and
(e) headed in the direction of the movement of traffic on the side of the road on which the vehicle
is stopping or parked.
4.2 Median strips and traffic islands
(1) A person must not stop or park a vehicle on any part of a road so that any portion of the vehicle
is—
(a) on a median strip; or
(b) adjacent to a median strip other than in a parking bay or metered space.
(c) On or within 10 metres of any portion of a carriageway bounded by a traffic island
4.3 Prohibited parking of vehicles
(1) A person must not park a vehicle on any portion of a road—
(a) if that vehicle is not licensed under the Road Traffic Act or any corresponding law of another
State or Territory or of the Commonwealth; or
(b) if that vehicle is a trailer or caravan unattached to a motor vehicle; or
(c) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable
the vehicle to be moved to a place other than a road.
(2) A person may advertise a vehicle for sale on a road only when—
(a) the vehicle is located on the verge of the vehicle owner's residence and does not obstruct any
vehicles or pedestrians passing the vehicle for sale; or
(b) the vehicle is within a parking facility for a period not exceeding 12 continuous hours; and
(c) the vehicle is parked in accordance with all parking signs and local laws of that location; and
(d) the advertisement does not exceed one (1) A4 size piece of paper (297mm x 210mm) per side of
the vehicle; and
(e) the advertisement is not displayed on the front windscreen.
4.4 Traffic obstructions
(1) This clause does not apply to—
(a) a vehicle stopping or parked in a parking bay or metered space established by the local
government; or
(b) a bicycle in a bicycle rack established by the local government.
(2) Subclauses (3)(b) and (3)(d) do not apply to a vehicle stopping or parked in a bus embayment.
19 June 2023 GOVERNMENT GAZETTE, WA 1851
(3) A person must not stop or park a vehicle so that any portion of the vehicle is—
(a) on any road so as to cause an obstruction on the road unless it is a public bus stopping next to
a sign inscribed with the words "Bus Zone"; or
(b) obstructing a thoroughfare or so close as to deny vehicles reasonable access to or egress from—
(i) a driveway to a private residential or business property; or
(ii) an access road to a private or public carpark; or
(iii) any gate or access point to parks and reserves; or
(c) on an intersection except adjacent to a carriageway boundary that is not broken by an
intersecting carriageway; or
(d) on a carriageway within 20 metres from the nearest point of an intersecting carriageway at an
intersection with traffic-control signals, unless the vehicle stops or parks at a place on a length
of carriageway, or in an area, to which a parking control sign applies and the vehicle is
permitted to stop or park at that place in accordance with this local law; or
(e) on a carriageway so that any portion of the vehicle is within 10 metres of the prolongation of
the nearer edge of any intersecting carriageway (without traffic-control signals) intersecting
that carriageway on the side on which the vehicle is stopped or parked unless the vehicle stops
or parks—
(i) at a place on a carriageway, or in an area, to which a parking control sign applies and
the vehicle is permitted to stop or park at that place under this local law; or
(ii) if the intersection is a T-intersection along the continuous side of the continuing road at
the intersection; or
(iii) within 10 metres of the nearer property line of any thoroughfare intersecting the
thoroughfare on the side on which the vehicle is parked;
(f) alongside or opposite any excavation, work, hoarding, scaffolding or obstruction on the
carriageway, if the vehicle would obstruct traffic; or
(g) on or over a footpath, pedestrian crossing, children's crossing or a place for pedestrians; or
(h) on a bridge or other elevated structure or within a tunnel or underpass; or
(i) between the boundaries of a carriageway and any double longitudinal line consisting of 2
continuous lines or between a double longitudinal line consisting of a continuous line and a
broken or dotted line and the boundary of a carriageway nearer to the continuous line, unless
there is a distance of at least 3 metres clear between the vehicle and the double longitudinal
line.
(j) Within the head of a cul-de-sac
4.5 Double parking
(1) A person shall not stop a vehicle so that any portion of the vehicle is between any other stopped
vehicle and the centre of the carriageway.
(2) Subclause (1) does not apply to—
(a) a person stopped in traffic; or
(b) a person angle parked on the side of the carriageway or in a median strip parking area, in
accordance with this local law.
4.6 Verge parking
(1) A person must not—
(a) stop or park a bus or trailer or caravan unattached to a motor vehicle, so that any portion of it
is on a road verge; or
(b) stop or park a vehicle so that any portion of the vehicle is on a road verge during any period
when the stopping or parking vehicles on the road verge is prohibited by a sign adjacent and
referable to that road verge; or
(c) stop or park a vehicle on a road verge in a manner that obstructs pedestrians; or
(d) stop or park a vehicle on a verge for a period of time or in a manner that causes damage to that
verge.
(2) Subject to subclause (1) a person must not stop or park a vehicle if any portion of the vehicle is on
the verge unless he or she—
(a) is the owner or occupier of the premises adjacent to that verge; or
(b) is a person authorised by the occupier of those premises to do so.
4.7 Parking near fire hydrant or post box
(1) A person must not stop or park a vehicle on a road so that any portion of the vehicle is—
(a) within 1 metre of a fire hydrant, fire plug, or any sign or mark indicating the existence of a fire
hydrant or fire plug unless—
(i) the driver is driving a public bus, and the driver stops in a bus zone or a at a bus stop
and does not leave the bus unattended; or
(ii) the driver is driving a taxi, and the driver stops in a taxi zone and does not leave the taxi
unattended; or
1852 GOVERNMENT GAZETTE, WA 19 June 2023
(b) within 3 metres of a public post box, unless the vehicle—
(i) is being used for the purpose of dropping off or picking up passengers or collecting postal
articles from the post box; or
(ii) stops at a place on a length of carriageway, or in an area, to which a parking control sign
applies and the vehicle is permitted to stop or park at that place under this local law.
4.8 Bus stops, pedestrian, children and train crossings
(1) Subject to subclause (4), a person must not stop or park a vehicle on a level crossing or on a
carriageway so that any portion of the vehicle is within 20 metres of the approach side or within 20
metres of the departure side of the nearest rail of a railway level crossing.
(2) Subject to subclause (4), a person must not stop or park a vehicle so that any portion of the vehicle
is within 20 metres of the approach side or within 10 metres of the departure side, of—
(a) a bus embayment or a sign inscribed with the words "Bus Zone" unless the vehicle is a bus
stopped to take up or set down passengers; or
(b) a pedestrian crossing; or
(c) a children's crossing.
(3) Subject to subclause (4), a person must not stop a vehicle so that any portion of the vehicle is within
10 metres of the approach side or within 3 metres of the departure side of—
(a) a marked foot crossing, that is not at an intersection; or
(b) a bicycle crossing equipped with bicycle crossing lights, that is not at an intersection.
(4) Subclauses (1), (2) or (3) do not apply if—
(a) the vehicle is stopping or parked in a marked bay to which a parking sign applies; or
(b) the driver of the vehicle is prevented from proceeding by circumstances beyond his or her
control; or
(c) it is necessary for the driver of the vehicle to stop to avoid an accident.
4.9 No parking within 1 hour
(1) Where stopping or parking on a road is permitted for a limited time, a person must not move a
vehicle within that section of road so that the total time of parking exceeds the maximum time
permitted, unless—
(a) the vehicle has first been removed from that road for at least 1 hour; or
(b) there is between the place where the vehicle had been parked and the place where the vehicle
is subsequently parked, another road that meets or intersects that road.
(2) A person who removes a vehicle from a parking stall must not stop or park that vehicle within 50
metres of that parking stall for at least 1 hour after the removal.
4.10 Public bus bays
A person must not stop or park a vehicle other than a public bus in a parking bay set aside for use by a
public bus.
4.11 Charter bus bays
A person must not stop or park a vehicle other than a charter bus in a parking bay set aside for use by
a charter bus.
4.12 Bus parking
(1) Unless otherwise stated on a sign—
(a) a public bus must not stop or park in a bus embayment unless actively engaged in picking up
or setting down passengers; and
(b) a charter bus must not stop or park in a bus embayment, other than a layover bay, except to
pick up or set down passengers and, in any event, for no more than 20 minutes.
4.13 Construction site vehicle parking
(1) In this clause unless the context otherwise requires—
builder has the meaning given to it in the Building Regulations 1989;
construction site means any land subject to development;
construction site vehicle means a commercial vehicle or a heavy goods vehicle;
daily fee means the daily fee set by local government from time to time in accordance with the
provisions of the Act determined by Council;
development means the demolition, erection, construction, alteration of or addition to any building
or structure on land or the carrying out on land of any excavation or other works;
eligible person means an owner or occupier of a construction site or any builder carrying out work
on a construction site;
establishment fee means those fees set by local government from time to time in accordance with
the provisions of the Act;
heavy goods vehicle means a vehicle which is defined in the First Schedule of the Road Traffic
Act 1974 as a tractor (prime mover type) or a tractor (other than prime mover type) and includes
any other vehicle constructed primarily for the conveyance of goods which is attached to a heavy
goods vehicle;
19 June 2023 GOVERNMENT GAZETTE, WA 1853
work zone means any road or part of a road, whether or not marked as a metered space, parking
bay or ticket machine zone, which is set aside by the local government by the use of a sign, for
a period specified on the sign, for the stopping or parking of construction site vehicles.
(2) An eligible person seeking to establish a work zone adjacent to a construction site may apply in
writing to the local government, which may approve or refuse the application.
(3) Where the local government approves an application, it is to give the applicant written notice
specifying—
(a) the number and location of work zones the applicant may use;
(b) the period during which the stopping or parking of construction site vehicles is permitted in
the work zone; and
(c) the amount of the establishment fee.
(4) The local government is to set aside a work zone in accordance with the notice referred to in
subclause (3) within 14 days from the date of payment of the establishment fee.
(5) An eligible person must, in addition to the establishment fee, pay to the local government a daily
fee for each day that a work zone is set aside.
(6) The daily fee is payable monthly in advance.
(7) If the daily fee is at any time in arrears (whether or not any formal or legal demand is made), the
local government may remove any signs used to set aside the work zone.
(8) A person must not stop or park a vehicle in a work zone unless—
(a) the vehicle is a construction site vehicle; or
(b) the vehicle is stopping or parked during a period in which the stopping or parking of a
construction site vehicle in that zone is permitted by a sign; and
(c) a person is continuously engaged in loading or unloading goods—
(i) to or from the construction site vehicle; or
(ii) to or from the construction site.
(9) A person must not stop or park a vehicle in a shared zone unless the vehicle—
(a) stops at a place on a length of carriageway, or in an area, to which a parking control sign applies
and the vehicle is permitted to stop at that place under this local law; or
(b) stops in a parking bay and the vehicle is permitted to stop in the parking bay under this local
law; or
(c) the vehicle is dropping off, or picking up, passengers or goods; or
(d) the vehicle is engaged in the door-to-door delivery or collection of goods, or in the collection of
waste or garbage.
4.14 Stopping on a carriageway—heavy and long vehicles
(1) A person shall not park a vehicle or any combination of vehicles that, together with any projection
on, or load carried by, the vehicle or combination of vehicles, is more than 7.5 metres in length or
exceeds a GVM of 4.5 tonnes—
(a) on a carriageway in a built-up area, for any period exceeding one hour, unless engaged in the
picking up or setting down of goods; or
(b) on a carriageway outside a built-up area, except on the shoulder of the carriageway, or in a
truck bay or other area set aside for the parking of goods vehicles.
(2) Nothing in this clause mitigates the limitations or conditions imposed by any other regulation or
traffic sign relating to the parking or stopping of vehicles.
PART 5—OBSTRUCTIONS AND ABANDONED VEHICLES
5.1 Vehicles not to Obstruct a Public Place
(1) A person must not park or leave a vehicle, or any part of a vehicle, in a public place so that it
obstructs the use of any part of that public place without the permission of the local government or
unless authorised under any written law.
(2) A vehicle which is parked in any portion of a public place where vehicles may be lawfully parked,
is deemed to cause an obstruction and may be impounded where—
(a) the vehicle is parked for any period exceeding 24 hours;
(b) the vehicle is so parked during any period in which the parking of vehicles is prohibited or
restricted by a sign; or
(c) the vehicle is abandoned, unregistered or disused.
PART 6—PARKING STATIONS
6.1 Fees in paid parking areas
(1) A person must not leave a vehicle unattended in a paid parking station unless—
(a) the vehicle is an authorised local government vehicle; or
(b) the driver is a police officer/parking officer and is in the course of his or her duties; or
1854 GOVERNMENT GAZETTE, WA 19 June 2023
(c) the designated fee has been paid using either the provided parking meter or associated
payment application; or
(d) a valid permit is clearly displayed; or
(e) the parking session is not in excess of the time permitted by a sign
(2) A person must not remain parked in a paid parking station in excess of—
(a) the parking session that has been paid for; or
(b) the time permitted by a sign.
6.2 Stopping or parking in a parking station
(1) A person must not stop or park a vehicle in—
(a) a paid parking station, unless the appropriate fee as indicated by a sign is paid; or
(b) A parking station with a posted time restriction. for any period exceeding the time allowable
on the sign, unless;
(i) The vehicle has left the parking station for at least one hour; or
(ii) the parking station allows additional time beyond the time restriction posted when a fee
is payable for additional time and the fee has been paid.
6.3 Removal of vehicles
A person must not remove a vehicle which has been stopping or parked in a parking station until that
person or another person has paid the appropriate fee for the period for which the vehicle has been
stopping or parked.
6.4 Maximum parking period in parking stations
Where the stopping or parking of vehicles in a parking station is permitted for a limited time, a person
must not stop or park a vehicle for a period exceeding the maximum time permitted, unless the vehicle
has first been removed from that parking station for at least 1 hour.
6.5 Parking station closure
At the expiration of the hours of operation the local government whether or not any vehicle remains
parked in a parking station may lock the parking station or otherwise prevent the movement of any
vehicle within, to or from the parking station.
6.6 Elected Member parking permit
(1) The local government may issue to any member of the Council an Elected Member parking permit
and may vary or revoke a permit at any time.
(2) The holder of an Elected Member parking permit is exempt from those clauses of this local law
specified in the permit.
(3) The exemptions conferred by subclause (2) apply only—
(a) if the Elected member parking permit is displayed in the vehicle or affixed to the
windscreen of the vehicle so as to be properly displayed; and
(b) if the Elected Member parking permit is valid; and
(c) if the holder of the Elected member parking permit is carrying out his or her duties or
performing his or her functions as a member of the Council.
(4) An Elected Member parking permit ceases to be valid—
(a) when the holder of the permit ceases to be a member of the Council; or
(b) after the expiry date specified in the permit; or
(c) when revoked by the local government.
PART 7—RESIDENTIAL AND VISITOR PARKING PERMITS
7.1 Interpretation
In this part unless the context otherwise requires—
dwelling unit means a building or part of a building used for self-contained living quarters;
eligible person means a single house occupier, a single house owner, a unit occupier or a unit
owner;
parking permit means a residential parking permit and a visitor parking permit issued by the
Council pursuant to clause 7.3;
residential unit means a dwelling unit in a building which is adjacent to a part of a road whereon
the standing of vehicles is prohibited for more than a period specified by a sign referable thereto
which is adjacent to a metered space and which contains—
(a) two or more dwelling units; or
(b) in addition to the dwelling unit, one or more non-residential uses;
single house means a dwelling unit constructed on its own lot and used for self-contained living
quarters and which is adjacent to a part of a road whereon the standing of vehicles is prohibited
for more than a period specified by a sign referable thereto or which is adjacent to a metered
space;
19 June 2023 GOVERNMENT GAZETTE, WA 1855
unit occupier means a person who is an occupier of a residential unit but does not include a unit
owner; and
unit owner means a person who is an owner and occupier of a residential unit.
7.2 Conditions of exemption for residential parking permits and visitors parking permits
(1) Where the stopping or parking of a vehicle on any part of a road within the district, whether such
part be marked as a parking bay or not is prohibited for more than a specified time, the holder of a
Residential Parking Permit is exempted from such prohibition, and the driver of a vehicle who is
visiting a dwelling the occupant of which is the holder of a Visitor's Parking Permit is exempted
from such prohibition, provided that such exemption shall apply only—
(a) to the road, roads or parking station specified in the permit, but excluding areas of road
adjacent to retail premises or other public facilities, where parking of all classes of vehicles are
subject to time restrictions;
(b) if such Residential Parking Permit or Visitor's Parking Permit is properly displayed;
(c) if the period in respect of which the permit was issued has not expired; and
(d) if the holder of the permit at the time of stopping or parking such vehicle still resides in the
premises in respect of which the permit was granted.
(2) The exemption conferred by subclause (1) shall not apply during any period in which the standing
of vehicles is prohibited in the road or the part of a road specified in the residential parking permit.
7.3 Issue of permits
(1) The local government may upon the written application of an eligible person and upon payment of
the fee referred to in clause 7.10 issue a parking permit.
(2) Subject to clause 7.4—
(a) The local government shall not issue more than two residential parking permits or two visitor
parking permits to any single house occupier where the single house is situated on land having
no provision for parking;
(b) The local government shall not issue more than one residential parking permit or one visitor
parking permit to any single house occupier where the single house is situated on land which
has provision of parking of one vehicle only; and
(c) The local government shall not issue a residential parking permit or a visitor parking permit
to any single house occupier where the single house is situated on land having provision for
parking of two or more vehicles.
7.4 Restrictions on issue of permits to unit owners
(1) Where no parking is available to a unit owner on the land upon which the residential unit is
situated the local government shall not issue more than two residential parking permits or two
visitor parking permits to the unit owner.
(2) Where parking for one vehicle only is available to a unit owner on the land upon which the
residential unit is situated the local government shall not issue more than one residential parking
permit or one visitor parking permit to the unit owner.
(3) Where parking for two or more vehicles is available to a unit owner on the land upon which the
residential unit is situated the local government shall not issue a residential parking permit or a
visitor parking permit to the unit owner.
7.5 Restrictions on issue of permits to unit occupiers
(1) Where no parking is available to a unit occupier on the land upon which the residential unit is
situated the local government shall not issue more than two residential parking permits or two
visitor parking permits to the unit occupier.
(2) Where parking for one vehicle only is available to a unit occupier on the land upon which the
residential unit is situated the local government shall not issue more than one residential parking
permit or one visitor parking permit to the unit occupier.
(3) Where parking for two or more vehicles is available to a unit occupier on the land upon which the
residential unit is situated the local government shall not issue a residential parking permit or a
visitor parking permit to the unit occupier.
7.6 Restrictions on number of permits
The local government shall not issue more than two residential parking permits or two visitor parking
permits in respect of any single house or residential unit.
7.7 Validity of permits
(1) A residential parking permit or visitor parking permit shall cease to be valid—
(a) upon the expiry of a period of 12 months from and including the date on which it is issued; or
(b) upon the holder of such permit ceasing to be an eligible person; or
(c) where the permit is revoked in accordance with clause 7.8.
(2) The holder of a residential parking permit or visitor parking permit shall forthwith upon such
permit ceasing to be valid remove such permit from the vehicle in which it is properly displayed
where—
(a) no fee has been paid; or
(b) dates shown on supplied permit are no longer current; or
1856 GOVERNMENT GAZETTE, WA 19 June 2023
(c) as directed in writing from the City.
7.8 Revocation of parking permits
(1) Where the local government is satisfied that a parking permit is not being used in accordance with
Part 8 of this local law, the local government may revoke a permit.
(2) The local government may give a person to whom a permit has been issued in accordance with
clause 7.3 of this local law a notice—
(a) indicating that the permit may be revoked;
(b) explaining the reason why the permit may be revoked; and
(c) requiring the person to notify the local government within 14 days of any reason why the permit
should not be revoked.
(3) After the expiry of 14 days from the date of service of the notice referred to in subclause (2) on the
person to whom the permit has been issued, whether or not a response has been received, the local
government may revoke the permit.
(4) Where the local government revokes a permit, it is to notify the person that the permit has been
revoked.
(5) A holder of a permit which is revoked by the local government shall forthwith remove such permit
from the vehicle to which it is affixed and shall forthwith return such permit to the local
government.
7.9 Removal of residential or visitor parking permit from vehicle
A holder of a residential parking permit or visitor parking permit who changes their place of residence
or changes their vehicle, which is subject to a residential parking permit or visitor parking permit, shall
forthwith remove such permit from the vehicle to which it is affixed and shall forthwith return such
permit to the local government.
7.10 Fees for residential parking permit and visitor's parking permits
Fees payable for residential parking permits and visitor's parking permits shall be set by Council from
time to time in accordance with the Act.
PART 8—MISCELLANEOUS
8.1 Authorised person—certificate of appointment
An authorised person shall be issued a certificate of his or her appointment in the form determined by
the local government.
8.2 Authorised persons
No offence under this local law is committed by an authorised person while carrying out his or her
duties.
8.3 Necessary power
An authorised person has all necessary power for the purpose of performing all duties vested in or
imposed on him or her by the Act and this local law.
8.4 Impersonating an authorised person
A person who is not an authorised person must not impersonate an authorised person.
8.5 Obstructing of an authorised person
A person must not obstruct or hinder an authorised person in the execution of his or her duties.
8.6 Removal of notices
A person, other than the driver of the vehicle or a person authorised by the driver of the vehicle, must
not remove from the vehicle any notice put on the vehicle by an authorised person.
8.7 Display of signs
(1) A person must not without the authorisation of the Council—
(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or exhibited
by the local government under this local law; or
(b) remove, deface or misuse a sign or property set up by the local government under this local law;
or
(c) affix a board, sign, placard, notice, cover or other thing to or paint or write on any part of a
sign, parking meter, ticket issuing machine or fee collecting machine.
8.8 Marking vehicles
(1) An authorised person may in a parking area, parking bay or parking facility—
(a) mark the face of tyres of a vehicle with chalk or any other non-indelible substance; or
(b) record the position of a vehicle; or
(c) take a valve stem reading of a vehicle; or
(d) record vehicle details and vehicle registration numbers; for a purpose connected with his or her
duties or powers.
19 June 2023 GOVERNMENT GAZETTE, WA 1857
(2) A person must not remove a mark made by an authorised person so that the purpose of affixing
the mark is defeated or likely to be defeated.
8.9 Exemption when complying with directions
A person who complies with a direction given by a police officer or an authorised person does not commit
an offence against this local law while complying with that direction.
8.10 Sign presumed to have been established by the local government
A sign marked, erected, set up, established or displayed on or near a road is, in the absence of evidence
to the contrary, presumed to be a sign marked, set up, erected, established or displayed under the
authority of this local law.
8.11 Power of an authorised person
(1) An authorised person is hereby authorised by the local government to—
(a) carry into effect the provisions of this local law;
(b) report to the local government on the working effectiveness and functioning of this local law;
(c) make inquiries and investigations concerning any alleged, purported of actual offences against
any of the provisions of this local law, with power to interview, question and obtain particulars
from person(s) wheresoever living in respect of offences and suspected offences within the
parking region;
(d) recommend to the local government the institution of prosecutions; and
(e) institute and conduct prosecutions as directed by the local government or the CEO, from time
to time.
8.12 Special purpose and emergency vehicles
Notwithstanding anything to the contrary in this local law, the driver of a special purpose vehicle or an
emergency vehicle may, only in the course of his or her duties and when it is reasonable to do so, stop
or park the vehicle in any place at any time.
PART 9—PARKING POLICY
9.1 Policy
(1) The Council may make a policy in accordance with clause 9.2 in specifying—
(a) any matter which may be the subject of a Council resolution under this local law; and
(b) any matter ancillary or necessary to give effect to a policy.
9.2 Procedure for making a policy
(1) The local government is to give local public notice of its intention to make a parking policy.
(2) The local public notice referred to in subclause (1) is to state that—
(a) the local government intends to make a parking policy, the purpose and effect of which is
summarised in the notice; and
(b) a copy of the proposed parking policy may be inspected and obtained from the offices of the local
government; and
(c) submissions in writing about the proposed parking policy may be lodged with the local
government within 14 days after the day 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 parking policy has effect as a policy on and from the
date of publication; or
(b) mend the proposed parking policy, in which case subclause (5) will apply; or
(c) not continue with the proposed parking policy.
(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 parking policy; or
(ii) not to continue with the proposed parking policy.
(5) If the Council decides to amend the proposed parking policy, it is to give local public notice—
(a) of the effect of the amendments; and
(b) that the proposed policy has effect as a policy on and from the date of publication.
(6) If the Council decides not to amend the proposed parking policy, it is to give local public notice that
the proposed parking policy has effect as a policy on and from the date of publication.
(7) A proposed policy is to have effect as a policy on and from the date of publication of the local public
notice referred to in subclauses (3), (5) and (6).
(8) A decision under subclauses (3) or (4) is not to be delegated by the Council.
9.3 Register of the parking policy
(1) The local government is to keep a register of the parking policy made under clause 9.1 and of any
amendments to or revocations of the parking policy made under clause 9.4.
1858 GOVERNMENT GAZETTE, WA 19 June 2023
(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.
9.4 Amendment or revocation of the parking policy
(1) The Council may amend or revoke the parking policy.
(2) The provisions of clause 9.2 are to apply to an amendment of the parking policy as if the amendment
were a proposed parking policy.
(3) If the Council revokes the parking policy it is to give local public notice of the revocation and the
parking policy is to cease to have effect on the date of publication.
PART 10—OFFENCES AND PENALTIES
10.1 Offences
(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 person is prohibited from doing, commits an offence.
(2) Any person who commits an offence under this local law is liable, on 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 purposes of section
9.16(1) of the Act.
10.2 Infringement and infringement withdrawal notices
(1) For the purposes of this local law—
(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to
in section 9.13 of the Act is that of Form 1 in the First Schedule of the Local Government
(Functions and General) Regulations 1996; and
(b) the form of the infringement notice referred to in section 9.17 of the Act is form 2 in the First
Schedule of the Local Government (Functions and General) Regulations 1996; and
(c) the form of the infringement withdrawal notice referred to in section 9.20 of the Act is form 3
in the First Schedule of the Local Government (Functions and General) Regulations 1996.
10.3 Modified penalty
(1) Subject to subclause (3), a person who does not contest an allegation that he or she has committed
an offence against this local law may, within the time specified in the notice, pay the modified
penalty payable for the particular offence.
(2) The amount appearing in the final column of the table in Schedule 1 directly opposite an offence
described in the Schedule is prescribed for the purposes of section 9.17 of the Act as the modified
penalty for that offence.
(3) If this local law expresses a modified penalty as a number of penalty units, the monetary value of
the modified penalty is the number of dollars obtained by multiplying the value of the penalty unit,
as specified in the City of Bunbury Penalty Units Local Law 2018, by the number of penalty units
specified in this local law.
(4) Where the time period within which a person may stop or park a vehicle on a road is controlled by
a sign and a person commits an offence under this local law by stopping or parking a vehicle for a
time period which exceeds that shown on the sign—
(a) the amount of the modified penalty shall be the amount referred to in subclause (2) where the
time period during which the vehicle was stopped or parked in excess of the time period shown
on the sign was not greater than that shown on the sign; and
(b) the amount of the modified penalty shall again be payable in respect of each successive time
period during which the vehicle continues to be parked or stopped in excess of the time period
shown on the sign, to a maximum of $500.00 on the amount of modified penalties payable for
each offence.
10.4 Court proceedings
A penalty for an offence against this local law (not being a modified penalty) may be recovered by the
local government by taking proceedings against the alleged offender in a Court of appropriate
jurisdiction.
10.5 Records
The local government must keep adequate records of all infringement notices served and modified
penalties received.
10.6 Transitional provisions
Schedule 2 to this local law, which contains transitional provisions, has effect.
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19 June 2023 GOVERNMENT GAZETTE, WA 1859
SCHEDULE 1—MODIFIED PENALTIES
[Clause 10.3]
Item
No. Clause Nature of Offence
Modified
Penalty
Units
1 3.2(1) Stop or park vehicle contrary to signs 6
2 3.2(2)(a) Stop or park vehicle in no stopping area 6
3 3.2(2)(b) Stop or park a vehicle not wholly within a parking area 6
4 3.2(2)(c) Stop or park vehicle in motorcycle stall 6
5 3.2(2)(d) Stop or park vehicle in a bus lane 6
6 3.2(2)(h) Stop or park vehicle in a bicycle lane 6
7 3.2(3) Park vehicle in no parking area 6
8 3.2(4) Stop vehicle contrary to yellow edge line 6
9 3.2(7) Stop or Park in Authorised Vehicle Only Bay 6
10 3.2(8) Stop or park longer than permitted 6
11 3.2(9) Park vehicle within road closed area 10
12 3.3(1) Stop or park on private property 6
13 3.3(2) Park vehicle on private property contrary to signs 6
14 3.4(2) Failure to Park wholly within a parking bay 6
15 3.5(2) Parking contrary to traffic flow in signed angle bay 6
16 3.6(1) Stop or park a non-commercial vehicle in loading zone 5
17 3.6(2) Stop or park a vehicle for over 30 minutes in loading
zone 5
18 3.7(1) Stop or park a vehicle on a reserve 15
19 3.8 Stop or Park a vehicle in a Bay occupied by another
vehicle 6
20 3.12 Stop or park vehicle in area bay not intended for
vehicles 6
21 3.14 Fail to move vehicle when directed by authorised
person 6
22 3.15 Unauthorised sale/hire of goods within parking facility 6
23 3.16 Obstruct Vehicle in parking facility 6
24 3.17(1) Remaining in Parking Facility when directed to leave
by authorised person 6
25 3.17(2) Loitering in parking facility 6
26 3.18 Damage to Parking Facility or Parking equipment 6
27 4.1(1)(a) Failure to park on the left of two-way carriageway 6
28 4.1(1)(b) Failure to park on boundary of one-way carriageway 6
29 4.1(1)(c) Stop or Park a vehicle within 3m of centre of road 6
30 4.1(1)(e) Stop or park a vehicle facing wrong direction 6
31 4.2(1)(a) Stop or Park a vehicle on a median strip 6
32 4.2(1)(b) Stop or Park a Vehicle Adjacent to a median strip 6
33 4.2(1)(c) Stop or Park Vehicle within 10m of a Traffic Island 6
34 4.3(1)(a) Stop or park unlicenced vehicle 6
35 4.3(1)(b) Stop or Park unattached trailer or caravan 6
36 4.3(1)(c) Stop or Park vehicle to effect repairs 6
37 4.3(2) Display Vehicle for Sale in Street 6
38 4.4(3)(a) Obstruction—Street or Roadway 6
39 4.4(3)(b) Obstruction—Right of Way/ Private Drive 6
40 4.4(3)(d) Stop or park a vehicle within 20m of Traffic Lights 6
41 4.4(3)(e) Stop or park a vehicle within 10m of an intersection 6
42 4.4(3)(f) Stop or Park opposite excavation, work, scaffolding
that would cause obstruction 6
43 4.4(3)(g) Stop or Park a vehicle on a footpath or pedestrian
crossing 6
44 4.4(3)(h) Stop or Park on Bridge or Tunnel 6
45 4.4(3)(j) Stop or Park Vehicle within the head of a cul-de-sac 6
1860 GOVERNMENT GAZETTE, WA 19 June 2023
Item
No. Clause Nature of Offence
Modified
Penalty
Units
46 4.5(1) Double parked 6
47 4.6(1) Stop or park unattached trailer or caravan on verge 6
48 4.6(2) Stop or Park vehicle on Verge without consent 6
49 4.7(1)(a) Stop or park vehicle within 1 metre of fire hydrant 6
50 4.7(1)(b) Stop or Park vehicle within 3 metres of public post box 6
51 4.8(2)(a) Stop or Park within 20m of bus bay 6
52 4.8(2)(b) Stop or Park within 20m of pedestrian crossing 6
53 4.8(2)(c) Stop or Park with 20m of children's crossing 6
54 4.9 Park same vehicle in same zone within 1 hour 6
55 4.10 Stop or park vehicle in Bus Bay 6
56 4.13(8) Stop or Park unauthorised vehicle in work zone 6
57 4.14(1)(a) Park long/heavy vehicle in built up area for more than
1 hour 6
58 5.1 Vehicle causing an obstruction in a public place 6
59 6.1 Unattended vehicle in parking station 6
60 6.2(1)(a) Failure to pay appropriate fee 6
61 6.2(1)(b) Parking session expired 6
62 6.4 Park in same area within 1 hour of previous expired
session 6
63 7.7(1) Display invalid parking permit 6
64 7.8(5) Display a revoked parking permit 6
65 8.5 Obstruction of authorised person 6
66 8.6 Unauthorised removal of notice on vehicle 6
67 8.7(1)(a) Erect or display unauthorised sign 6
68 8.7(1)(b) Unauthorised removal of sign 6
69 8.7(1)(c) Unauthorised covering of sign 6
70 8.8(2) Unauthorised removal of Chalk/mark from tyre 6
71 All other offences not specified 6
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SCHEDULE 2—TRANSITIONAL PROVISIONS
[Clause 10.6]
In this Schedule, unless the context otherwise requires—
local law refers to the local law relating to City of Bunbury Parking and Parking Facilities Local
Law to which this Schedule is attached;
permit includes a permit granted by the City of Bunbury under the repealed local law;
infringement includes an infringement issued by the City of Bunbury under the repealed local
law;
approval means any Approval, Licence, Consent Order or other permission issued by the City of
Bunbury permitting any activity, conduct or recreation upon any land or area within the
District of the City of Bunbury;
prohibition includes any ban, barring order, prohibition or regulation of any activity, conduct or
recreation upon any land or part thereof located within the District of the City of Bunbury; and
the repealed local laws means the repealed City of Bunbury local laws stated in clause 1.1 of this
local law.
This Schedule does not limit the operation of the Interpretation Act 1984.
Any reference, whether express or implied or having effect as such a reference, in any written Law
or document to any provision of the repealed local laws shall be construed as a reference to this
local law or, as the case may be, to the specific corresponding provisions of this local law.
Any notice given or thing done, or having affect as being made, given or done under a provision of
the repealed local laws which corresponds to a provision of this local law shall have effect as if it
had been made, given or done under the corresponding provision of this local law.
Any licence, permit approval or consent given by the local government under the repealed local
laws corresponding to a type of consent approval or permission under this local law, shall if in force
immediately before the date of gazettal of this local law be deemed converted into an approval
consent or permission under this local law by operation of this Schedule.
19 June 2023 GOVERNMENT GAZETTE, WA 1861
6. Any infringement issued under the repealed local laws shall be dealt with in the same manner as
if it were an infringement issued under the corresponding provisions of this local law.
7. A conviction imposed by any competent Court under the repealed local laws shall for the purposes
of this local law—
(a) be treated as though it had been imposed, made or ordered under this local law where a
provision of this local law corresponds with a provision of the repealed local laws concerned;
and
(b) be taken into account for the purposes of assessing appropriate penalty.
————
Dated 23 May 2023.
The Common Seal of the City of Bunbury was affixed by authority of a resolution of the City in the
presence of—
JAYSEN MIGUEL, Mayor.
MAL OSBORNE, Chief Executive Officer.
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