City of Fremantle Local Government Property Local Law 2002
PRINT POST APPROVED PP665002/00041 5447 PERTH, MONDAY, 11 NOVEMBER 2002 No. 200 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT LOCAL GOVERNMENT ACT 1995
CITY OF FREMANTLE LOCAL GOVERNMENT PROPERTY LOCAL LAW
5448 GOVERNMENT GAZETTE, WA 11 November 2002
11 November 2002 GOVERNMENT GAZETTE, WA 5449 LOCAL GOVERNMENT ACT 1995 CITY OF FREMANTLE LOCAL GOVERNMENT PROPERTY LOCAL LAW Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Fremantle resolved on 21 October 2002 to make the following local law. PART 1óPRELIMINARY Citation 1.1 This local law may be cited as the City of Fremantle Local Government Property Local Law. Definitions 1.2 In this local law unless the context otherwise requiresó ìActî means the Local Government Act 1995; ìapplicantî means a person who applies for a permit under clause 3.2; ìauthorised personî 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; ìboatî means any ship, vessel or structure capable of being used in navigation by water, however propelled or moved, and includes a jet ski; ìbuildingî means any building which is local government property and includes aó (a) hall or room; (b) corridor, stairway or annexe of any hall or room; and (c) jetty; ìCEOî means the chief executive officer of the local government; ìcommencement dayî means the day on which this local law comes into operation; ìCouncilî means the council of the local government; ìdate of publicationî means, where local public notice is required to be given of a matter under this local law, the date on which notice of the matter is published in a newspaper circulating generally throughout the district; ìdeterminationî means a determination made under clause 2.1; ìdistrictî means the district of the local government; ìfunctionî means an event or activity characterised by all or any of the followingó (a) formal organisation and preparation; (b) its occurrence is generally advertised or notified in writing to particular persons; (c) organisation by or on behalf of a club; (d) payment of a fee to attend it; and (e) systematic recurrence in relation to the day, time and place; ìliquorî has the same meaning as is given to it in section 3 of the Liquor Licensing Act 1988; ìlocal governmentî means the City of Fremantle; ìlocal government propertyî means anything except a thoroughfareó (a) which belongs to the local government; (b) of which the local government is the management body under the Land Administration Act 1997; or (c) which is an ìotherwise unvested facilityî within section 3.53 of the Act; ìManagerî means the person for the time being employed by the local government to control and manage a pool area or other facility which is local government property and includes the personís assistant or deputy; ìpermitî means a permit issued under this local law; ìpermit holderî means a person who holds a valid permit; ìpersonî does not include the local government; ìpool areaî means any swimming and wading pools and spas and all buildings, structures, fittings, fixtures, machinery, chattels, furniture and equipment forming part of or used in connection with such swimming and wading pools and spas which are local government property;
5450 GOVERNMENT GAZETTE, WA 11 November 2002 ìRegulationsî means the Local Government (Functions and General) Regulations 1996; ìsignî includes a notice, flag, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols; ìtradingî means the selling or hiring, or the offering for sale or hire of goods or services, and includes displaying goods for the purpose ofó (a) offering them for sale or hire; (b) inviting offers for their sale or hire; (c) soliciting orders for them; or (d) carrying out any other transaction in relation to them; and ìvehicleî includesó (a) every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise; and (b) an animal being ridden or driven, but excludesó (c) a wheel-chair or any device designed for use, by a physically impaired person on a footpath; (d) a pram, a stroller or a similar device; and (e) a boat. Interpretation 1.3 In this local law unless the context otherwise requires a reference to local government property includes a reference to any part of that local government property. Application 1.4 (1) This local law applies throughout the district and in the sea adjoining the district for a distance of 200 metres seawards from the high water mark of the Indian Ocean. (2) Notwithstanding anything to the contrary in this local law, the local government mayó (a) hire local government property to any person; or (b) enter into an agreement with any person regarding the use of any local government property. Repeal 1.5 (1) The following local laws are repealedó (a) Parks, Recreation Grounds & Public Reserves Local Law gazetted on 6 December 1985 and amended 25 September 1998. (b) Swimming Pools Local Law gazetted on 13 January 1971 (2) Where a policy was made or adopted by the local government under or in relation to a local law repealed by this local law, then the policy is to be taken to no longer have any effect on and from the commencement day. (3) The Council may resolve that notwithstanding subclause (2), specified policies continue, or are to be taken to have continued, to have effect on and from the commencement day. PART 2óDETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY Division 1óDeterminations Determinations as to use of local government property 2.1 (1) The local government may make a determination in accordance with clause 2.2ó (a) setting aside specified local government property for the pursuit of all or any of the activities referred to in clause 2.7; (b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on specified local government property; (c) as to the matters in clauses 2.7(2) and 2.8(2); and (d) as to any matter ancillary or necessary to give effect to a determination. (2) The determinations in Schedule 2ó (a) are to be taken to have been made in accordance with clause 2.2; (b) may be amended or revoked in accordance with clause 2.6; and (c) have effect on the commencement day. Procedure for making a determination 2.2 (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 tható (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.
11 November 2002 GOVERNMENT GAZETTE, WA 5451 (3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide toó (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 toó (a) consider those submissions; and (b) decideó (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 noticeó (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) 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. Discretion to erect sign 2.3 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. Determination to be complied with 2.4 A person shall comply with a determination. Register of determinations 2.5 (1) The local government is to keep a register of determinations made under clause 2.1, and of any amendments to or revocations of determinations made under clause 2.6. (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. Amendment or revocation of a determination 2.6 (1) The Council may amend or revoke a determination. (2) The provisions of clause 2.2 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. Division 2óActivities which may be pursued or prohibited under a determination Activities which may be pursued on specified local government property 2.7 (1) A determination may provide that specified local government property is set aside as an area on which a person mayó (a) bring, ride or drive an animal; (b) take, ride or drive a vehicle, or a particular class of vehicle; (c) fly or use a motorised model aeroplane; (d) use a childrenís playground provided that the person is under an age specified in the determination, but the determination is not to apply to a person having the charge of a person under the specified age; (e) launch, beach or leave a boat; (f) take or use a boat, or a particular class of boat; (g) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or not in specified areas of that local government property; (h) play or practiceó (i) golf or archery; (ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms Act 1973; or (iii) a similar activity, specified in the determination, involving the use of a projectile which, in the opinion of the local government may cause injury or damage to a person or property; (i) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; and (j) wear no clothing. (2) A determination may specify the extent to which and the manner in which an activity referred to in subclause (1) may be pursued and in particularó (a) the days and times during which the activity may be pursued;
5452 GOVERNMENT GAZETTE, WA 11 November 2002 (b) that an activity may be pursued on a class of local government property, specified local government property or all local government property; (c) that an activity is to be taken to be prohibited on all local government property other than that specified in the determination; (d) may limit the activity to a class of vehicles, boats, equipment or things, or may extend it to all vehicles, boats, equipment or things; (e) may specify that the activity can be pursued by a class of persons or all persons; and (f) may distinguish between different classes of the activity. Activities which may be prohibited on specified local government property 2.8 (1) A determination may provide that a person is prohibited from pursuing all or any of the following activities on specified local government propertyó (a) smoking on premises; (b) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device; (c) taking, riding or driving a vehicle on the property or a particular class of vehicle; (d) riding or driving a vehicle of a particular class or any vehicle above a specified speed; (e) taking or using a boat, or a particular class of boat; (f) the playing or practice ofó (i) golf, archery, pistol shooting or rifle shooting; or (ii) a similar activity, specified in the determination, involving the use of a projectile which, in the opinion of the local government may cause injury or damage to a person or property; (g) the playing or practice of any ball game which may cause detriment to the property or any fauna on the property; and (h) the traversing of sand dunes or land which in the opinion of the local government has environmental value warranting such protection, either absolutely or except by paths provided for that purpose. (2) A determination may specify the extent to which and the manner in which a person is prohibited from pursuing an activity referred to in subclause (1) and, in particularó (a) the days and times during which the activity is prohibited; (b) that an activity is prohibited on a class of local government property, specified local government property or all local government property; (c) that an activity is prohibited in respect of a class of vehicles, boats, equipment or things, or all vehicles, boats, equipment or things; (d) that an activity is prohibited in respect of a class of persons or all persons; and (e) may distinguish between different classes of the activity. (3) In this clauseó ìpremisesî means a building, stadium or similar structure which is local government property, but not an open space such as a park or a playing field. Division 3óTransitional Signs taken to be determinations 2.9 (1) Where a sign erected on local government property has been erected under a local law of the local government repealed by this local law, then it is to be taken to be and have effect as a determination on and from the commencement day, except to the extent that the sign is inconsistent with any provision of this local law or any determination made under clause 2.1. (2) Clause 2.5 does not apply to a sign referred to in subclause (1). PART 3óPERMITS Division 1óPreliminary Application of Part 3.1 This Part does not apply to a person who uses or occupies local government property under a written agreement with the local government to do so. Division 2óApplying for a permit Application for permit 3.2 (1) Where a person is required to obtain a permit under this local law, that person shall apply for the permit in accordance with subclause (2). (2) An application for a permit under this local law shalló (a) be in the form determined by the local government; (b) be signed by the applicant; (c) provide the information required by the form; and (d) be forwarded to the CEO together with any fee imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act.
11 November 2002 GOVERNMENT GAZETTE, WA 5453 (3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for a permit. (4) The local government may require an applicant to give local public notice of the application for a permit. (5) The local government may refuse to consider an application for a permit which is not in accordance with subclause (2). Decision on application for permit 3.3 (1) The local government mayó (a) approve an application for a permit unconditionally or subject to any conditions; or (b) refuse to approve an application for a permit. (2) If the local government approves an application for a permit, it is to issue to the applicant, a permit in the form determined by the local government. (3) If the local government refuses to approve an application for a permit, it is to give written notice of that refusal to the applicant. Division 3óConditions Conditions which may be imposed on a permit 3.4 (1) Without limiting the generality of clause 3.3(1)(a), the local government may approve an application for a permit subject to conditions relating toó (a) the payment of a fee; (b) compliance with a standard or a policy of the local government adopted by the local government; (c) the duration and commencement of the permit; (d) the commencement of the permit being contingent on the happening of an event; (e) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (f) the approval of another application for a permit which may be required by the local government under any written law; (g) the area of the district to which the permit applies; (h) where a permit is issued for an activity which will or may cause damage to local government property, the payment of a deposit or bond against such damage; and (i) the obtaining of public risk insurance in an amount and on terms reasonably required by the local government. (2) Without limiting clause 3.3(1)(a) and subclause (1), the following paragraphs indicate the type and content of the conditions on which a permit to hire local government property may be issuedó (a) when fees and charges are to be paid; (b) payment of a bond against possible damage or cleaning expenses or both; (c) restrictions on the erection of material or external decorations; (d) rules about the use of furniture, plant and effects; (e) limitations on the number of persons who may attend any function in or on local government property; (f) the duration of the hire; (g) the right of the local government to cancel a booking during the course of an annual or seasonal booking, if the local government sees fit; (h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first obtained for that purpose under the Liquor Licensing Act 1988; (i) whether or not the hire is for the exclusive use of the local government property; (j) the obtaining of a policy of insurance in the names of both the local government and the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer; and (k) the provision of an indemnity from the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer. Imposing conditions under a policy 3.5 (1) In this clauseó ìpolicyî means a policy of the local government adopted by the Council containing conditions subject to which an application for a permit may be approved under clause 3.3(1)(a). (2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by reference to a policy. (3) The local government shall give a copy of the policy, or the part of the policy which is relevant to the application for a permit, with the form of permit referred to in clause 3.3(2).
5454 GOVERNMENT GAZETTE, WA 11 November 2002 (4) An application for a permit shall be deemed not to have been approved subject to the conditions contained in a policy until the local government gives the permit holder a copy of the policy or the part of the policy which is relevant to the application. (5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy shall be deemed to be information within section 5.94(u)(i) of the Act. Compliance with and variation of conditions 3.6 (1) Where an application for a permit has been approved subject to conditions, the permit holder shall comply with each of those conditions. (2) The local government may vary the conditions of a permit, and the permit holder shall comply with those conditions as varied. Division 4óGeneral Agreement for building 3.7 Where a person applies for a permit to erect a building on local government property the local government may enter into an agreement with the permit holder in respect of the ownership of the materials in the building. Duration of permit 3.8 A permit is valid for one year from the date on which it is issued, unless it isó (a) otherwise stated in this local law or in the permit; or (b) cancelled under clause 3.12. Renewal of permit 3.9 (1) A permit holder may apply to the local government in writing prior to expiry of a permit for the renewal of the permit. (2) The provisions of this Part shall apply to an application for the renewal of a permit mutatis mutandis. Transfer of permit 3.10 (1) An application for the transfer of a valid permit is toó (a) be made in writing; (b) be signed by the permit holder and the proposed transferee of the permit; (c) provide such information as the local government may require to enable the application to be determined; and (d) be forwarded to the CEO together with any fee imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act. (2) The local government may approve an application for the transfer of a permit, refuse to approve it or approve it subject to any conditions. (3) Where the local government approves an application for the transfer of a permit, the transfer may be effected by an endorsement on the permit signed by the CEO. (4) Where the local government approves the transfer of a permit, it is not required to refund any part of any fee paid by the former permit holder. Production of permit 3.11 A permit holder is to produce to an authorised person her or his permit immediately upon being required to do so by that authorised person. Cancellation of permit 3.12 (1) Subject to clause 8.1, a permit may be cancelled by the local government if the permit holder has not complied with aó (a) condition of the permit; or (b) determination or a provision of any written law which may relate to the activity regulated by the permit. (2) On the cancellation of a permit the permit holderó (a) shall return the permit as soon as practicable to the CEO; and (b) is to be taken to have forfeited any fees paid in respect of the permit. Division 5óWhen a permit is required Activities needing a permit 3.13 (1) A person shall not without a permitó (a) subject to subclause 3, hire local government property; (b) advertise anything by any means on local government property; (c) erect a structure for public amusement or for any performance, whether for gain or otherwise, on local government property; (d) teach, coach or train, for profit, any person in a pool area or an indoor recreation facility which is local government property;
11 November 2002 GOVERNMENT GAZETTE, WA 5455 (e) plant any plant or sow any seeds on local government property; (f) carry on any trading on local government property unless the trading is conductedó (i) with the consent of a person who holds a permit to conduct a function, and where the trading is carried on under and in accordance with the permit; or (ii) by a person who has a licence or permit to carry on trading on local government property under any written law; (g) unless an employee of the local government in the course of her or his duties or on an area set aside for that purposeó (i) drive or ride or take any vehicle on to local government property; or (ii) park or stop any vehicle on local government property; (h) conduct a function on local government property ; (i) charge any person for entry to local government property, unless the charge is for entry to land or a building hired by a voluntary non-profit organisation; (j) light a fire on local government property except in a facility provided for that purpose; (k) parachute, hang glide, abseil or base jump from or on to local government property; (l) erect a building or a refuelling site on local government property; (m) make any excavation on or erect or remove any fence on local government property; (n) erect or install any structure above or below ground, which is local government property, for the purpose of supplying any water, power, sewer, communication, television or similar service to a person; (o) depasture any horse, sheep, cattle, goat, camel, ass or mule on local government property; or (p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly. (2) The local government may exempt a person from compliance with subclause (1) on the application of that person. (3) The local government may exempt specified local government property or a class of local government property from the application of subclause (1)(a). Permit required to camp outside a facility 3.14 (1) In this clauseó ìfacilityî has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping Grounds Act 1995. (2) This clause does not apply to a facility operated by the local government. (3) A person shall not without a permitó (a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local government property; or (b) erect any tent, camp, hut or similar structure on local government property other than a beach shade or windbreak erected for use during the hours of daylight and which is dismantled during those hours on the same day. (4) The maximum period for which the local government may approve an application for a permit in respect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan Parks and Camping Grounds Regulations 1997. Permit required for possession and consumption of liquor 3.15 (1) A person, on local government property, shall not consume any liquor or have in her or his possession or under her or his control any liquor, unlessó (a) that is permitted under the Liquor Licensing Act 1988; and (b) a permit has been obtained for that purpose. (2) Subclause (1) does not apply where the liquor is in a sealed container. Division 6óResponsibilities of permit holder Responsibilities of permit holder 3.16 A holder of a permit shall in respect of local government property to which the permit relatesó (a) ensure that an authorised person has unobstructed access to the local government property for the purpose of inspecting the property or enforcing any provision of this local law; (b) leave the local government property in a clean and tidy condition after its use; (c) report any damage or defacement of the local government property to the local government; and (d) prevent the consumption of any liquor on the local government property unless the permit allows it and a licence has been obtained under the Liquor Licensing Act 1988 for that purpose. PART 4óBEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY Division 1óBehaviour on and interference with local government property Behaviour which interferes with others 4.1 A person shall not in or on any local government property behave in a manner whichó (a) is likely to interfere with the enjoyment of a person who might use the property; or (b) interferes with the enjoyment of a person using the property.
5456 GOVERNMENT GAZETTE, WA 11 November 2002 Behavior detrimental to property 4.2 (1) A person shall not behave in or on local government property in a way which is or might be detrimental to the property. (2) In subclause (1)ó ìdetrimental to the propertyî includesó (a) removing any thing from the local government property such as a rock, a plant or a seat provided for the use of any person; and (b) destroying, defacing or damaging any thing on the local government property, such as a plant, a seat provided for the use of any person or a building. Taking or injuring any fauna 4.3 (1) A person shall not, take, injure or kill or attempt to take, injure or kill any fauna which is on or above any local government property, unless that person is authorised under a written law to do so. (2) In this clauseó ìanimalî means any living thing that is not a human being or plant; and ìfaunaî means any animal indigenous to or which periodically migrates to any State or Territory of the Commonwealth or the territorial waters of the Commonwealth and includes in relation to any such animaló (a) any class of animal or individual member; (b) the eggs or larvae; or (c) the carcass, skin, plumage or fur. Intoxicated persons not to enter local government property 4.4 A person shall not enter or remain on local government property while under the influence of liquor or a prohibited drug. No prohibited drugs 4.5 A person shall not take a prohibited drug on to, or consume or use a prohibited drug on, local government property. Division 2óSigns Signs 4.6 (1) A local government may erect a sign on local government property specifying any conditions of use which apply to that property. (2) A person shall comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) isó (a) not to be inconsistent with any provision of this local law or any determination; and (b) to be for the purpose of giving notice of the effect of a provision of this local law. PART 5óMATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY Division 1óSwimming pool areas When entry must be refused 5.1 A Manager or an authorised person shall refuse admission to, may direct to leave or shall remove or cause to be removed from a pool area any person whoó (a) in her or his opinion isó (i) under the age of 6 years and who is unaccompanied by a responsible person over the age of 14 years; (ii) suffering from any contagious, infectious or cutaneous disease or complaint, or is in an unclean condition; or (iii) under the influence of liquor or a prohibited drug; or (b) is to be refused admission under and in accordance with a decision of the local government for breaching any clause of this local law. Consumption of food or drink may be prohibited 5.2 A person shall not consume any food or drink in an area where consumption is prohibited by a sign. Division 2óBeaches Powers of surf life saving club members 5.3 (1) Subject to subclause (2), the local government may authorise under section 9.10 of the Act the members of a surf life saving club to perform all or any of the following functions in relation to a beachó (a) patrol any beach; (b) carry out any activity on any beach;
11 November 2002 GOVERNMENT GAZETTE, WA 5457 (c) erect signs designating bathing areas and signs regulating, prohibiting or restricting specified activities on the whole or any part of a beach or in or on the water adjacent to the beach and to direct persons on the beach or in or on the water to comply with such signs; (d) temporarily enclose any area with rope, hessian, wire or any other means for the conduct of surf life saving club activities; and (e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a shark is suspected of being in the vicinity of a beach. (2) Under subclause (1), the local government shall authorise only those members who have been recommended by the surf life saving club as competent to perform the functions referred to in that subclause in respect of which they are authorised. (3) Under subclause (1), the local government may authorise members generally, or in relation to particular times, days or months. Authorizing other persons 5.4 (1) A local government may authorise, under section 9.10 of the Act, a person to perform all or any of the functions referred to in clause 5.3(1) in relation to a beach. (2) Under subclause (1), the local government shall authorise only those persons who, in the reasonable opinion of the local government, are competent to perform the functions referred to in clause 5.3(1) in respect of which they are authorised. (3) Under subclause (1), the local government may authorise a person generally, or in relation to particular times, days or months. (4) Where the local government has authorised members of a surf life saving club under clause 5.3(1) and a person under subclause (1) in relation to the same beach, so that they can perform all or any of the functions referred to in clause 5.3(1) contemporaneously, the local government is to specify which authorisation is rendered ineffective when both are exercised. Persons to comply with signs and directions 5.5 A person shalló (a) not act in contravention of any sign erected on a beach under clause 5.3(1)(c); (b) not enter an area which has been temporarily closed with rope, hessian, wire or any other means for the conduct of surf life saving club activities, unless he or she is a member of the club or has obtained permission to enter from the club; and (c) comply with any direction given under clause 5.3(1)(c) or 5.3(1)(e), notwithstanding that the sign or the direction was erected or given, as the case may be, by a person referred to in clause 5.4(1). Division 3óFenced or closed property No entry to fenced or closed local government property 5.6 A person must not enter local government property which has been fenced off or closed to the public by a sign or otherwise, unless that person is authorised to do so by the local government. Division 4óToilet blocks and change rooms Only specified gender to use entry of toilet block or change room 5.7 Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or change room is to be used byó (a) females, then a person of the male gender shall not use that entry of the toilet block or change room; or (b) males, then a person of the female gender shall not use that entry of the toilet block or change room. Division 5óGolf course Interpretation 5.8 In this Divisionó ìcontrollerî means the person appointed by the local government to direct, control and manage a golf course; ìgolf courseî means that portion of a golf course reserve which is laid out as a golf course and includes all tees, fairways, greens, practice tees, practice fairways, practice greens and any driving range; and ìgolf course reserveî means the local government property described in Schedule 3 and includes all buildings, structures, fittings, fixtures and equipment on that land. Observance of special conditions of play 5.9 While on a golf course, every player shall observe and comply with aó (a) direction of a controller in respect of any special conditions of play; and (b) requirement of any notice erected to direct or control play.
5458 GOVERNMENT GAZETTE, WA 11 November 2002 PART 6óFEES FOR ENTRY ON TO LOCAL GOVERNMENT PROPERTY No unauthorised entry to function 6.1 (1) A person shall not enter local government property on such days or during such times as the property may be set aside for a function for which a charge for admission is authorised, exceptó (a) through the proper entrance for that purpose; and (b) on payment of the fee chargeable for admission at the time. (2) The local government may exempt a person from compliance with subclause (1)(b). PART 7óJETTIES AND BRIDGES Division 1óPreliminary Interpretation 7.1 (1) This Part only applies to bridges and jetties which are local government property. (2) In this Partó ìjettyî means any jetty, pier, wharf or landing place which is local government property; and ìbulk cargoî means bulk produce, such as grain, coal, oil or mineral ore, which is not packaged. Division 2óConsents and fees Application for consent and application fee 7.2 (1) Where a person is required to obtain the consent of the local government under this Part, the person is to apply for that consent in the manner required by the local government. (2) The local government may require an application for consent made under subclause (1) to be accompanied by a fee. (3) If an application for consent is not made in the manner required by the local government or the fee which is 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. (5) Where a fee is referred to in this Part, the fee must be imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act. Division 3óProhibitions on use of jetty When use of jetty is prohibited 7.3 A person shall not land at, use or go on any part of a jetty which isó (a) under construction or repair; or (b) closed, unless that person has first obtained the consent of the local government. Division 4óMooring boats to jetties Method of mooring boat 7.4 A person in control of a boat shall not moor or make fast the boat to a jetty, or to any part of the jetty, except to such mooring piles, ring bolts or other fastenings as are provided. Division 5óWhen boats may remain at jetty When boat may remain moored 7.5 A person in control of a boat shall not moor or make fast the boat to a jetty unlessó (a) the boat is in distress and then only to effect the minimum repairs necessary to enable the boat to be moved elsewhere; (b) the embarking or disembarking of passengers is in progress, and then not for a consecutive period exceeding 2 hours without the prior consent of the local government; (c) the loading or discharging of cargo or other goods is in progress in accordance with Division 7; or (d) where the boat is used at that time for commercial purposes, the person has first paid the fee (if any) for such mooring or making fast to the local government. Authorised person may order removal of boat 7.6 Notwithstanding anything to the contrary in this Part, a person in control of a boat moored or fastened to or alongside a jetty shall remove it immediately upon being directed to do so by an authorised person. Division 6óLaunching of boats Restrictions on launching 7.7 A person shall not launch a boat from or over any jetty (other than a boat ramp) unless she or he has first obtained the consent of the local government.
11 November 2002 GOVERNMENT GAZETTE, WA 5459 Division 7óCargo or other goods Loading and discharging 7.8 A person in control of a boat shall not allow the boat to come alongside or be moored or made fast to a jetty for the purpose of loading or discharging cargo or other goodsó (a) until the cargo or other goods are ready to be loaded or discharged; or (b) without the consent of the local governmentó (i) between the hours of 6.00pm to 6.00am on the next day; or (ii) for longer than 2 consecutive hours. Outgoing cargo not to be stored on jetty 7.9 A person in control of cargo or other goods intended for loading on to a boat shalló (a) not allow them to be stored or placed on a jetty unless and until the boat is moored or fastened to or alongside the jetty; and (b) load them on to the boat as soon as practicable after the boat is moored or fastened to or alongside the jetty. Removal of incoming cargo from jetty 7.10 Any person unloading cargo or other goods from a boat on to a jetty shall remove them, or cause them to be removed from the jetty as soon as practicable, but not later than 6.00pm on the day on which they were placed there. Authorised person may direct removal 7.11 An authorised person may direct a person who, in the opinion of the authorised person, is in charge of cargo or other goods which remain on a jetty contrary to any provision of this Part to remove them from the jetty. Handling of bulk cargo 7.12 Except with the prior consent of the local government, a person shall not place or deposit bulk cargo from a vehicle, boat or container on to a jetty. Division 8óPolluting surrounding area Polluting surrounding area 7.13 A person shall not tip or deposit anything on to a jetty so as to pollute the surrounding area. Division 9óFishing from jetties and bridges Limitations on fishing 7.14 A person shall notó (a) fish from a jetty or a bridge so as to obstruct or interfere with the free movement of a boat approaching or leaving the jetty or the bridge or so as to unreasonably interfere with the use of the jetty or the bridge by any other person; or (b) hang or spread a fishing net from, on or over any part of a jetty or a bridge. PART 8óOBJECTIONS AND APPEALS Application of Division 1, Part 9 of the Act 8.1 When the local government makes a decision as to whether it willó (a) grant a person a permit or consent under this local law; or (b) renew, vary, or cancel a permit or consent that a person has under this local law, the provisions of Division 1 of Part 9 of the Act and regulations 33 and 34 of the Regulations apply to that decision. PART 9óMISCELLANEOUS Authorised person to be obeyed 9.1 A person on local government property shall obey any lawful direction of an authorised person and shall not in any way obstruct or hinder an authorised person in the execution of her or his duties. Persons may be directed to leave local government property 9.2 An authorised person may direct a person to leave local government property where she or he reasonably suspects that the person has contravened a provision of any written law. Disposal of lost property 9.3 An article left on any local government property, and not claimed within a period of 3 months, may be disposed of by the local government in any manner it thinks fit. Liability for damage to local government property 9.4 (1) Where a person unlawfully damages local government property, the local government may by notice in writing to that person require that person within the time required in the notice to, at the option of the local government, pay the costs ofó (a) reinstating the property to the state it was in prior to the occurrence of the damage; or (b) replacing that property.
5460 GOVERNMENT GAZETTE, WA 11 November 2002 (2) Unless there is proof to the contrary, a person is to be taken to have damaged local government property within subclause (1) whereó (a) a vehicle or a boat caused the damage, the person was the person responsible, at the time the damage occurred, for the control of the vehicle or the boat; or (b) the damage occurred under a permit, the person is the permit holder in relation to that permit. (3) On a failure to comply with a notice issued under subclause (1), the local government may recover the costs referred to in the notice as a debt due to it. PART 10óENFORCEMENT Division 1óNotices given under this local law Offence to fail to comply with notice 10.1 Whenever the local government gives a notice under this local law requiring a person to do any thing, if a person fails to comply with the notice, that person commits an offence. Local government may undertake requirements of notice 10.2 Where a person fails to comply with a notice referred to in clause 10.1, the local government may do the thing specified in the notice and recover from the person to whom the notice was given, as a debt, the costs incurred in so doing. Division 2óOffences and penalties Subdivision 1óGeneral Offences and general penalty 10.3 (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, 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. Subdivision 2óInfringement notices and modified penalties Prescribed offences 10.4 (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 1. (3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the commission of a prescribed offence, an authorised person should be satisfied tható (a) commission of the prescribed offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable. Form of notices 10.5 (1) For the purposes of this local lawó (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 Schedule 1 of the Regulations; (b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Regulations; and (c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Regulations. (2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence against clause 2.4, the notice is to contain a description of the alleged offence. Division 3óEvidence in legal proceedings Evidence of a determination 10.6 (1) In any legal proceedings, evidence of a determination may be given by tendering the register referred to in clause 2.5 or a certified copy of an extract from the register. (2) It is to be presumed, unless the contrary is proved, that the determination was properly made and that every requirement for it to be made and have effect has been satisfied. (3) Subclause (2) does not make valid a determination that has not been properly made.
11 November 2002 GOVERNMENT GAZETTE, WA 5461 Schedule 1 PRESCRIBED OFFENCES Clause Description Modified Penalty $ 2.4 Failure to comply with determination .................................................................. 100 3.6 Failure to comply with conditions of permit......................................................... 100 3.13(1) Failure to obtain a permit ..................................................................................... 100 3.14(3) Failure to obtain permit to camp outside a facility .............................................. 100 3.15(1) Failure to obtain permit for liquor ........................................................................ 100 3.16 Failure of permit holder to comply with responsibilities .................................... 100 4.2(1) Behaviour detrimental to property ....................................................................... 100 4.4 Under influence of liquor or prohibited drug........................................................ 100 4.6(2) Failure to comply with sign on local government property.................................. 100 5.2 Consuming food or drink in prohibited area ........................................................ 100 5.5 Failure to comply with sign or direction on beach ............................................... 100 5.6 Unauthorised entry to fenced or closed local government property .................... 100 5.7 Gender not specified using entry of toilet block or change room ......................... 100 5.9 Failure to comply with direction of controller or notice on golf course................ 100 6.1(1) Unauthorised entry to function on local government property ........................... 100 7.3 Unauthorised use of any part of jetty which is closed or under repair or construction............................................................................................................ 100 7.4 Mooring of boats in unauthorised manner ........................................................... 100 7.5 Unauthorised mooring of a boat to jetty ............................................................... 100 7.6 Failure to remove moored boat on direction of authorised person ...................... 100 7.7 Launching of boat from jetty without consent...................................................... 100 7.8 Mooring when not ready to load or discharge cargo, at times not permitted or for longer than permitted ...................................................................................... 100 7.9 Unlawful storing of goods on jetty ........................................................................ 100 7.10 Removing goods from jetty during other than permitted hours .......................... 100 7.11 Failure to remove cargo on jetty on direction of authorised person .................... 100 7.12 Unauthorised deposit of bulk cargo on jetty......................................................... 100 7.14 Fishing from jetty or bridge so as to obstruct a boat or another person ............. 100 10.1 Failure to comply with notice ................................................................................ 200 Schedule 2 DETERMINATIONS The following determinations are to be taken to have been made by the local government under clause 2.1. PART 1óPRELIMINARY Definitions 1.1 In these determinations unless the context otherwise requiresó ìlocal lawî means the Local Government Property Local Law made by the local government; Interpretation 1.2 Unless the context otherwise requires, where a term is used but not defined in a determination and that term is defined in the local law then the term shall have the meaning given to it in the local law. Schedule 3 GOLF COURSE RESERVE The golf course reserve referred to in Part 5 Division 5 of this local law is described below: ìThat portion of Reserve Number 6638, bordered by Montreal Street to the west, High Street to the north, Royal Fremantle Golf Club to the east, and Booyembara Park to the south, and commonly known as the Fremantle Public Golf Course.î Dated 31st day of October 2002 The Common Seal of the City of Fremantle was affixed by authority of a resolution of the Council in the presence of: RAY GLICKMAN, Chief Executive Officer. PETER TAGLIAFERRI, Mayor.
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