STANDING ORDERS LOCAL
LAW 2016
———————————
WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
LOCAL GOVERNMENT ACT 1995
WASTE LOCAL LAW 2016
1 December 2016 GOVERNMENT GAZETTE, WA 5351
LOCAL GOVERNMENT ACT 1995
CITY OF GOSNELLS
STANDING ORDERS LOCAL LAW 2016
CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Interpretation
1.4 Repeal
PART 2—CALLING AND CONVENING MEETINGS
2.1 Ordinary Council meetings
2.2 Special meetings of Council
2.3 Convening Council meetings
PART 3—QUORUM
3 Procedure where quorum not present during a meeting
PART 4—BUSINESS OF A MEETING
4.1 Business to be specified
4.2 Order of business
4.3 Announcements by Presiding Member
4.4 Reports of delegates
4.5 Question time for the public
4.6 Public statements
4.7 Confirmation of minutes
4.8 Petitions
4.9 Presentations
4.10 Leave of absence
4.11 Questions on notice
4.12 Items brought forward for the convenience of those in the public gallery
4.13 Motions of which previous notice has been given
4.14 Urgent business
4.15 Confidential matters—meetings not open to the public
4.16 Confidentiality of information withheld
4.17 Order of business at special meetings
PART 5—PUBLIC PARTICIPATION
5.1 Distinguished visitors
5.2 Recording of proceedings
5.3 Prevention of disturbance
PART 6—QUESTIONS BY MEMBERS
6.1 Questions during debate
6.2 Restrictions on questions and answers
5352 GOVERNMENT GAZETTE, WA 1 December 2016
PART 7—CONDUCT OF MEMBERS
7.1 Members to be in their proper places
7.2 Advice of entry or departure
7.3 Titles to be used
7.4 Crossing Council chambers
7.5 No conversing with the public during meetings
7.6 Members to indicate their intention to speak
7.7 Members to address Presiding Member
7.8 Members and employees to rise
7.9 Priority of speaking
7.10 Presiding Member may take part in debate
7.11 Relevance
7.12 Speaking twice
7.13 Duration of speeches
7.14 No speaking after conclusion of debate
7.15 No interruption
7.16 Personal explanations
7.17 No reopening of discussion
7.18 Adverse reflection
7.19 Withdrawal of offensive language
7.20 Consumption of alcohol during meetings
7.21 Smoking prohibited
PART 8—PRESERVING ORDER
8.1 Presiding Member to preserve order
8.2 Point of order
8.3 Procedures on a point of order
8.4 Ruling by the Presiding Member
8.5 Continued breach of order
8.6 Right of Presiding Member to adjourn
PART 9—DEBATE OF SUBSTANTIVE MOTIONS
9.1 Motions to be stated and in writing
9.2 Motions to be supported
9.3 Unopposed business
9.4 Only one substantive motion at a time
9.5 Order of call in debate
9.6 Limit of debate
9.7 Member may require motion to be read
9.8 Amendments to motions
9.9 Order of amendments
9.10 Who can move amendment to a motion
9.11 Form of an amendment
9.12 Amendment must not negate original motion
9.13 Mover of motion may speak on amendment
9.14 Effect of an amendment
9.15 Withdrawal of a motion or amendment
9.16 Right of reply
9.17 Foreshadowing alternative motions
9.18 Motions supported become decisions
PART 10—PROCEDURAL MOTIONS
10.1 Permissible procedural motions
10.2 No debate on a procedural motion
10.3 Who may move
10.4 Procedural motions—right of reply on substantive motion
10.5 The motion be deferred—effect of motion
10.6 The meeting now adjourn—effect of motion
10.7 The debate be adjourned—effect of motion
10.8 The motion now be put—effect of motion
10.9 Ruling by the Presiding Member be disagreed with—effect of motion
10.10 Member be no longer heard—effect of motion
1 December 2016 GOVERNMENT GAZETTE, WA 5353
PART 11—VOTING
11.1 Motion—When put
11.2 Dividing motions for voting
11.3 Method of taking vote
11.4 Recording of votes
PART 12—ADJOURNMENT OF MEETING
12 Meeting may be adjourned
PART 13—REVOKING OR CHANGING DECISIONS
13.1 Revoking or changing decisions at the same meeting
13.2 Implementing a decision
13.3 Method of submitting motions to revoke or change
13.4 Limitations on revocations and impact statement
13.5 Absence of mover or seconder
13.6 Repeated revocations by the same Member prohibited
PART 14—SUSPENSION OF LOCAL LAW
14.1 Suspension of provision of local law
14.2 Where local law does not apply
PART 15—COMMITTEES OF THE COUNCIL
15.1 Establishment, type and membership of Committees
15.2 Calling committee members
15.3 Order of business
15.4 Participation at committee meetings
15.5 Local law applies to committees
PART 16—MEETINGS OF ELECTORS
16.1 Procedure for electors meetings
16.2 Participation of non-electors
PART 17—ENFORCEMENT
17 Penalty for breach
PART 18—COMMON SEAL
18.1 Custody of the common seal
18.2 Register
18.3 Use of common seal
1 December 2016 GOVERNMENT GAZETTE, WA 5355
LOCAL GOVERNMENT ACT 1995
CITY OF GOSNELLS
STANDING ORDERS LOCAL LAW 2016
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling
it, the Council of the City of Gosnells resolved on 8 November 2016 to make the following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the City of Gosnells Standing Orders Local Law 2016.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
1.3 Interpretation
(1) In this local law unless the context otherwise requires—
absolute majority has the meaning given to it in the Act;
Act means the Local Government Act 1995;
adjourned meeting means a meeting to deal with matters which were not completed when
discussions or decision making at a prior meeting were postponed until another time;
clause means a clause of this local law;
CEO means the Chief Executive Officer of the local government;
committee means a committee of the Council established under the Act;
committee meeting means a meeting of a committee;
Council means the Council of the local government;
election day has the meaning given to it in the Act;
employee means a person employed by the local government;
local government means the City of Gosnells;
meeting means a meeting of the Council or a committee, as the context requires;
Member has the meaning given to it in the Act;
Presiding Member means—
(a) in respect of the Council, the person presiding under section 5.6 of the Act; and
(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the
Act;
Regulations means the Local Government (Administration) Regulations 1996;
resolution means a decision of Council made by the appropriate majority;
simple majority means more than 50% of the members present and voting; and,
substantive motion means an original motion or an original motion as amended, but does not
include an amendment or a procedural motion.
(2) Unless otherwise defined, the terms and expressions used in this local law have the meaning given
to them in the Act and Regulations.
1.4 Repeal
The City of Gosnells Standing Orders Local Law 2012, published in the Government Gazette on
20 July 2012 is hereby repealed.
5356 GOVERNMENT GAZETTE, WA 1 December 2016
PART 2—CALLING AND CONVENING MEETINGS
2.1 Ordinary Council meetings
An ordinary meeting of the Council, held as determined by the Council, is for the purpose of
considering and dealing with the ordinary business of the Council.
2.2 Special meetings of Council
Special meetings of Council are those for considering and dealing with Council business that is
urgent, complex in nature, for a particular purpose or confidential, the purpose of which is to be
detailed in the notice convening the meeting.
2.3 Convening Council meetings
(1) Subject to subclause (2), the CEO is to give at least 72 hours notice, for the purposes of section 5.5
of the Act, in convening a special meeting of the Council.
(2) Where, in the opinion of the Mayor or at least one-third of the Members, there is a need to meet
urgently, the CEO may give a lesser period of notice of a special meeting.
PART 3—QUORUM
3. Procedure where quorum not present during a meeting
(1) If at any time during a meeting a quorum is not present, the Presiding Member upon becoming
aware of the fact is to immediately suspend the proceedings of the meeting for a period of up to
15 minutes.
(2) If a quorum is not present at the expiration of the period in subclause (1), the Presiding Member
may either suspend the proceedings of the meeting for a further period of up to 15 minutes or adjourn
the meeting to a later time on the same day or to another date.
PART 4—BUSINESS OF A MEETING
4.1 Business to be specified
(1) With the exception of that provided for in clause 4.14, no business is to be transacted at any
ordinary meeting of the Council other than that specified in the agenda.
(2) No business is to be transacted at a special meeting of the Council other than that specified in the
agenda, which reflects the purpose of the meeting as specified in the notice.
(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council
other than that—
(a) specified in the notice of the meeting which had been adjourned; and
(b) which remains unresolved.
(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council
resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before
considering Item 11 of the Order of Business on the Agenda at that ordinary meeting.
4.2 Order of business
Unless otherwise decided by the Council the order of business at any ordinary meeting of the Council
is to be as follows—
Declaration of Opening/Announcement of Visitors/ Disclaimer
Attendance
2.1 Apologies
2.2 Approved leave of absence
Disclosure of interests
Announcements by the Presiding Member (without discussion)
Reports of delegates (without discussion)
Question time for the public and the receiving of public statements
6.1 Question time
6.2 Public statements
Confirmation of minutes
Receiving of petitions and presentations
8.1 Petitions
8.2 Presentations
Applications for leave of absence
Questions by Members of which due notice has been given (without discussion)
Items brought forward for the convenience of those in the public gallery
Reports of Committee Meetings
Reports
Motions of which previous notice has been given
Urgent business
Confidential matters
Closure
1 December 2016 GOVERNMENT GAZETTE, WA 5357
4.3 Announcements by Presiding Member
At any meeting of the Council the Presiding Member may announce or direct attention to any matter
of relevance to the business of the Council, however no discussion on the matter shall take place.
4.4 Reports of delegates
At any meeting of Council—
(1) a Member appointed by the Council to a committee or external organisation may provide a
brief verbal report on the progress of that committee or organisation; and
(2) a Member that has attended a function on behalf of the City may provide a brief verbal report
on that function;
however no discussion on the report shall take place.
4.5 Question time for the public
(1) In this clause—
(a) a question includes part of a question (so that a question in 3 parts is to be treated as
3 questions);
(b) in relation to a question, “vexatious” means a question asked to harass, annoy or cause
detriment to any other person.
(2) A member of the public who wishes to ask a question at a meeting must—
(a) before the commencement of the meeting, submit their question in writing, on the form
provided by the local government, to the CEO or his or her representative; and
(b) be present at the meeting when the question is asked, however the person may seek approval
from the Presiding Member for their nominated representative to ask the question on their
behalf.
(3) A completed question time form must include—
(a) the name and residential or contact address of the person who wishes to ask the question;
and
(b) the question in a succinct and legible form.
(4) In cases of disability or other extenuating circumstances—
(a) an officer of the local government, if requested to do so, may assist the person to complete a
question time form;
(b) in the absence of that assistance, the Presiding Member may permit a person to ask a
question that was not included on a question time form.
(5) (a) If more than 2 questions are submitted in writing by any one person, the Presiding Member
shall allow that person, in the first instance, to ask a maximum of 2 questions.
(b) If after all other members of the public have asked their questions, and where time permits,
the Presiding Member will allow members of the public who wish to ask more than
2 questions to sequentially ask one further question. This process will continue until the
allotted time has expired.
(c) Where only one person wishes to ask more questions and where time permits, the Presiding
Member will invite that person to ask their additional questions.
(6) The Presiding Member may decide that a question is out of order, and is not to be recorded or
responded to—
(a) if it is not in the form of a question, having regard to its content and length, is essentially a
statement of expression of opinion rather than a question, provided that the Presiding
Member has taken reasonable steps to assist the member of the public to phrase the
statement as a question; or
(b) if the question uses an offensive or objectionable expression or is defamatory or vexatious.
(7) The Presiding Member or Council cannot determine that a question is vexatious if the question
relates to a matter affecting the local government or to whether there has been a breach of legislation
by the local government, a Councillor or a local government employee.
(8) The Presiding Member may determine that any question requiring research or investigation be
answered in writing as soon as practicable.
(9) Where the necessary information is available at the time the question is posed, a response will be
provided by either the CEO, relevant Member or employee nominated by the Presiding Member.
(10) If the 15 minute period set aside for question time for the public is reached, Council, by
resolution, may resolve question time be extended for an additional 15 minutes to allow further
questions to be asked.
(11) No more than 2, 15 minute extensions to question time for the public will be permitted.
4.6 Public statements
(1) Members of the public may, during the public statements segment of the order of business, with
the consent of the Presiding Member make a public statement on any matter that appears on the
agenda for that meeting provided that—
(a) The member of the public submits to the CEO prior to the commencement of the meeting, a
public statement in the form determined by the CEO which shall include the name and
residential or contact address of the member of the public;
5358 GOVERNMENT GAZETTE, WA 1 December 2016
(b) The public statement precedes discussion of any matter which requires a decision to be made
at the meeting but otherwise at item (6.2) of order of business at clause 4.2;
(c) The public statement is limited to a maximum period of 3 minutes, unless otherwise
determined by the Presiding Member; and
(d) No discussion or questions relating to the statement are permitted, unless otherwise
determined by the Presiding Member.
(2) Fifteen minutes is to be allocated for the public statement time.
(3) Once all statements have been made, nothing prevents the unused part of the statement time
period from being used for other matters.
(4) If the 15 minute period set aside for public statement time is reached, Council, by resolution, may
resolve statement time be extended for an additional 15 minutes to allow statements to be made.
(5) No more than 2, 15 minute extensions to public statement time will be permitted.
(6) Procedures for public statement time shall be in accordance with policy adopted from time to time
by the Council and, where the policy is silent on the matter, the procedures for that matter are to be
determined by the Presiding Member.
4.7 Confirmation of minutes
(1) When minutes of meetings are distributed for consideration prior to their confirmation at the next
meeting, if a Member is dissatisfied with the accuracy of the minutes, the Member is to provide the
CEO with a written copy of the alternative wording to amend those minutes prior to the
commencement of the meeting.
(2) At the meeting where the Minutes are to be confirmed, the Member who provided the alternative
wording shall, at the time for confirmation of minutes—
(a) state the item or items with which he or she is dissatisfied; and
(b) propose a motion clearly outlining the alternative wording to amend the minutes.
(3) Members at the meeting must not discuss items of business contained in the unconfirmed minutes,
other than discussion as to their accuracy as a record of the proceedings.
4.8 Petitions
(1) A petition is to—
(a) be addressed to the Mayor;
(b) be made by electors of the district;
(c) state the request on each page of the petition;
(d) contain the name, address and signature of each elector making the request;
(e) contain a summary of the reasons for the request;
(f) state the name of the person to whom, and an address at which, notice to the petitioners can
be given; and
(g) be respectful and temperate in its language and not contain language disrespectful to
Council.
(2) The presentation of the petition shall be confined to the reading of the petition.
(3) In response to a petition presented to it, the Council may resolve—
(a) that the petition be received;
(b) that the petition be rejected;
(c) that the petition be received and report prepared for Council; or
(d) that the petition be received and referred to the CEO for action.
(4) Discussion is not permitted on any motion referred to in subclause (3).
(5) At the same meeting that a matter is presented to Council in a petition, Council is not to vote on
the matter in the petition unless the matter is the subject of a report included in the agenda; detailing
the issues raised in the petition.
4.9 Presentations
(1) In this clause, a presentation means the acceptance of a gift, grant or an award by the Council on
behalf of the local government or the community.
(2) A presentation may be made to the Council at a meeting only with the prior approval of the
Presiding Member.
4.10 Leave of absence
(1) A Member seeking the Council’s approval to take leave of absence shall give written notice to the
CEO prior to the commencement of the meeting.
(2) The notice referred to in subclause (1) shall include the period of leave of absence required and the
reasons for seeking the leave.
4.11 Questions on notice
(1) A Member who wishes to ask a question at a meeting of the Council on a matter that is not
included in the agenda for that meeting is to give written notice of the specific question to the CEO at
least 3 clear working days before the meeting of the Council.
1 December 2016 GOVERNMENT GAZETTE, WA 5359
(2) If the question referred to in subclause (1) relates to a matter affecting the local government, is
respectful and temperate in its language, it is to be tabled at the meeting, at item 10 of the order of
business at clause 4.2 and the answer is, as far as practicable, to be provided at that meeting of the
Council.
(3) Every question and answer is to be submitted as briefly and concisely as possible, and no
discussion on the question or answer is permitted.
4.12 Items brought forward for the convenience of those in the public gallery
The Presiding Member may determine that any items on the agenda which are either the subject of a
question or statement by members of the public, or requested by others in attendance be brought
forward to Item 11 in the Order of Business and dealt with in the order in which they appear on the
agenda.
4.13 Motions of which previous notice has been given
(1) Unless the Act, Regulations or this local law otherwise provide, a Member may raise at a meeting
such business as he or she considers appropriate, in the form of a motion, of which notice has been
given in writing to the CEO and which has been included on the agenda.
(2) A notice of motion under subclause (1) is to be given at least 7 days before the meeting at which
the motion is moved.
(3) A notice of motion is to be accompanied by supporting reasons and relate to the good governance of
the district.
(4) The CEO—
(a) may, with the concurrence of the Mayor, exclude from the agenda any notice of motion
deemed to be, or likely to involve, a breach of this local law or any other written law;
(b) will inform Members on each occasion that a notice has been excluded and the reasons for
that exclusion;
(c) may, after consultation with the Member where this is practicable, make such amendments
to the form but not the substance as will bring the notice of motion into due form; and
(d) may provide to the Council relevant and material facts and circumstances pertaining to the
notice of motion on such matters as policy, budget and law.
(5) A motion of which notice has been given is to lapse unless—
(a) (i) the Member who gave notice of it, or some other Member authorised by the originating
Member in writing, moves the motion when called on; and
(ii) the motion is seconded; or
(b) the Council on a motion agrees to defer consideration of the motion to a later date.
(6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms
or to the same effect is not to be given again for at least 3 months from the date of such lapse.
4.14 Urgent business
A Member may move a motion to consider an item of urgent business that is not included in the
agenda for that meeting provided that—
(a) The Presiding Member has first consented to the business raised;
(b) The Presiding Member considers that either—
(i) the urgency of the business is such that the business cannot await inclusion in the
agenda for the next meeting of the Council; or
(ii) the delay in referring the business to the next meeting of the Council could have
adverse legal or financial implications for the local government.
(c) Other than a motion to revoke referred to in clause 13.1, the item of urgent business is
presented in the form of a detailed staff report outlining the social, environmental, financial
and statutory implications of the proposal, a copy of which is to be provided to Members prior
to the commencement of the meeting.
4.15 Confidential matters—meetings not open to the public
(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members
of the public.
(2) The Council in one or more of the circumstances dealt with in the Act, may at any time, by
resolution, decide to close a meeting or part of a meeting.
(3) If a resolution under subclause (2) is carried—
(a) the Presiding Member is to direct everyone to leave the meeting except—
(i) the Members;
(ii) the CEO; and
(iii) any employee specified by the Presiding Member; and
(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the
closure of the meeting to the public, the Council, by resolution, decides otherwise.
(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the Presiding
Member, be removed from the meeting.
(5) A resolution under this clause may be made without notice.
5360 GOVERNMENT GAZETTE, WA 1 December 2016
(6) Once the meeting is reopened to members of the public, the Presiding Member is to ensure that, if
anyone returns to the meeting, any resolution of the Council made while the meeting was closed is to
be read aloud including the details of any voting recorded.
4.16 Confidentiality of information withheld
(1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to
be—
(a) identified in the agenda of a Council meeting under the item “Confidential matters”;
(b) marked “Confidential” in the agenda; and
(c) kept confidential by employees and Members until in the opinion of the CEO, the reason for
confidentiality ceases to exist.
(2) A Member or an employee in receipt of confidential information under subclause (1) or information
that is provided or disclosed during a meeting or part of a meeting that is closed to the public is not to
disclose any of that information to any person other than another Member or an employee to the
extent necessary for the purpose of carrying out his or her duties.
(3) Subclause (2) does not apply where a Member or employee discloses the information to a legal
practitioner or government officer for the purpose of seeking advice in order to lawfully fulfil his or
her role and responsibilities, or where disclosure is required or permitted by law.
4.17 Order of business at special meetings
Unless otherwise decided by the Council the order of business at a Special Meeting is to be as
follows—
Declaration of Opening/Announcement of Visitors/Disclaimer
Attendance
2.1 Apologies
2.2 Approved leave of absence
Disclosure of interests
Question time for the public and receiving of public statements
4.1 Question time
4.2 Public statements
Receiving of petitions and presentations
5.1 Petitions
5.2 Presentations
Reports
Closure
PART 5—PUBLIC PARTICIPATION
5.1 Distinguished visitors
If a distinguished visitor is present at a meeting of the Council, the Presiding Member may
acknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and
the presence of that visitor shall be recorded in the minutes.
5.2 Recording of proceedings
(1) A person is not to use any electronic, visual or audio recording device or instrument to record the
proceedings of the Council without the permission of the Presiding Member.
(2) If the Presiding Member gives permission under subclause (1), the Presiding Member is to advise
the meeting immediately before the recording is commenced, that such permission has been given and
the nature and extent of that permission.
5.3 Prevention of disturbance
(1) A reference in this clause to a person is to a person other than a Member.
(2) A person addressing the Council shall be courteous and respectful to the Council and the processes
under which it operates and shall comply with any direction by the Presiding Member.
(3) A person observing a meeting shall not create a disturbance at a meeting, by interrupting or
interfering with the proceedings, whether by expressing approval or dissent, by conversing or by any
other means.
(4) A person shall ensure that his or her mobile telephone, pager or other audible device is not
switched on or used during any meeting of the Council.
(5) A person who fails to comply with the provisions of this clause when so directed by the Presiding
Member shall immediately leave the Council chamber or meeting room.
(6) A person directed to leave the Council chamber or meeting room and failing to do so may, by order
of the Presiding Member, be removed from the Council chamber or meeting room.
(7) The direction of the Presiding Member is final and may not be challenged by moving dissent with
the ruling.
1 December 2016 GOVERNMENT GAZETTE, WA 5361
PART 6—QUESTIONS BY MEMBERS
6.1 Questions during debate
(1) At any time during the debate on a motion prior to the mover of the motion commencing the right
of reply, a Member may ask a question and, with the consent of the Presiding Member, may ask one
or more further questions.
(2) Where possible, the CEO, or the CEO’s nominee, is to answer each question to the best of his or
her knowledge and ability but, if the information is unavailable or requires research or investigation,
the CEO or the CEO’s nominee may ask that—
(a) the question be placed on notice for the next meeting of Council; or
(b) the answer to the question be given within 7 days to all Members.
6.2 Restrictions on questions and answers
(1) Questions asked by a Member, and responses given by the CEO or the CEO’s nominee—
(a) are to be brief and concise; and
(b) are not to be accompanied by argument, expression of opinion or statements, except to the
extent necessary to explain the question or answer.
(2) In answering any question, the CEO or the CEO’s nominee may qualify his or her answer and may
at a later time in the meeting or at a later meeting alter, correct, add to or otherwise amend his or her
original answer.
PART 7—CONDUCT OF MEMBERS
7.1 Members to be in their proper places
(1) At the first meeting held after each election day, the CEO is to allot a position at the Council table
which reflects the alphabetical order of the surname of each Member, commencing from the right
hand side of the Presiding Member.
(2) The allotted positions remain unless and until the Council unanimously resolves otherwise.
(3) Each Member is to occupy his or her allotted position at each Council meeting.
7.2 Advice of entry or departure
After the business of a Council Meeting has commenced, a Member is not to enter or leave the
meeting without first informing the Presiding Member, in order to facilitate the recording in the
minutes of the time of entry and departure.
7.3 Titles to be used
A speaker, when referring to the Mayor, Deputy Mayor or Presiding Member, or a Member or
employee, is to use the title of that person’s office.
7.4 Crossing Council chambers
(1) When the Presiding Member is putting any motion or amendment to the vote, a Member shall not
leave or cross the Council chamber.
(2) Whilst another Member is speaking, a Member shall not pass between the speaker and the
Presiding Member.
7.5 No conversing with the public during meetings
A Member shall not converse with any member of the public in the public gallery during a Council
meeting.
7.6 Members to indicate their intention to speak
A Member of the Council who wishes to speak is to indicate his or her intention to speak by raising
his or her hand or by another method agreed by the Council.
7.7 Members to address Presiding Member
A Member moving a motion or amendment or taking any part in any discussion shall address the
Presiding Member.
7.8 Members and employees to rise
At a Council meeting—
(a) Any Member, other than the Presiding Member, asking a question or taking part in
discussion or a debate; or
(b) Any employee, other than the CEO, answering a question
shall stand, except when prevented from doing so by sickness or infirmity.
7.9 Priority of speaking
(1) Where two or more Members indicate, at the same time, their intention to speak, the Presiding
Member is to decide which Member is entitled to be heard first.
(2) A decision of the Presiding Member under subclause (1) is not open to discussion, dissent or point
of order.
5362 GOVERNMENT GAZETTE, WA 1 December 2016
7.10 Presiding Member may take part in debates
(1) The Presiding Member may, without vacating the chair, take part in debate upon any matter
before the Council, subject to compliance with this local law.
(2) The Presiding Member may only speak once and this is to be done before the right of reply.
7.11 Relevance
(1) A Member is to restrict his or her remarks to the motion or amendment under discussion, or to a
personal explanation or point of order.
(2) The Presiding Member, at any time, may—
(a) call the attention of the meeting to—
(i) any irrelevant, repetitious, offensive or insulting language by a Member; or
(ii) any breach of order or decorum by a Member; and
(b) direct that Member to discontinue.
(3) A Member is to comply with the direction of the Presiding Member under subclause (2).
7.12 Speaking twice
(1) A Member is not to address the Council more than once on any motion or amendment except—
(a) as the mover of a substantive motion, to exercise a right of reply;
(b) to raise a point of order; or
(c) to make a personal explanation.
(2) A Member who asks a question, makes a request or responds to a request under clause 9.7 has not
addressed the meeting for the purpose of this clause.
7.13 Duration of speeches
(1) A Member is not to speak on any matter for more than 5 minutes without the consent of the
Council which, if given, is to be given without debate.
(2) An extension under this clause cannot be given to allow a Member’s total speaking time to exceed
10 minutes.
7.14 No speaking after conclusion of debate
A Member is not to speak on any motion or amendment—
(a) after the mover has replied; or
(b) after the motion or amendment has been put to the vote.
7.15 No interruption
A Member must—
(a) not make any noise or disturbance or converse in a loud manner whilst another Member is
speaking;
(b) not cause any interruption or speak out of turn during a meeting, other than to raise a point
of order, call attention to the absence of a quorum, make a personal explanation under clause
7.16 or move a procedural motion; and
(c) ensure that his or her mobile telephone, pager or other audible device is switched off or
maintained in the silent mode and not used during any meeting of the Council.
7.16 Personal explanations
(1) A Member who wishes to make a personal explanation relating to a matter referred to by another
Member who is then speaking is to indicate to the Presiding Member his or her intention to make a
personal explanation.
(2) The Presiding Member is to determine whether the personal explanation is to be heard
immediately or at the conclusion of the speech by the other Member.
(3) A Member making a personal explanation is to confine his or her observations to a succinct
statement relating to a specific part of the speech at which he or she may have been misunderstood
and is not to seek to strengthen his or her former argument by new matter or by replying to other
Members.
7.17 No reopening of discussion
A Member is not to reopen discussion on any Council decision, except to move that the decision be
revoked or changed.
7.18 Adverse reflection
(1) A Member is not to reflect adversely on a decision of the Council except on a motion that the
decision be revoked or changed.
(2) A Member is not—
(a) to reflect adversely on the character or actions of another Member or employee; or
(b) to impute any motive to a Member or employee,
unless the meeting resolves, without debate, that the question then before the meeting cannot
otherwise be adequately considered.
1 December 2016 GOVERNMENT GAZETTE, WA 5363
(3) A Member is not to use offensive or objectionable expressions in reference to any Member,
employee or other person.
(4) A Member shall at all times be factual when dealing with matters before Council and not
knowingly make false or misleading statements.
7.19 Withdrawal of offensive language
(1) A Member who, in the opinion of the Presiding Member, uses an expression which—
(a) in the absence of a resolution under clause 7.18—
(i) reflects adversely on the character or actions of another Member or employee; or
(ii) imputes any motive to a Member or employee; or
(b) is offensive or insulting, must, when directed by the Presiding Member, withdraw the
expression and make a satisfactory apology.
(2) If a Member fails to comply with a direction of the Presiding Member under subclause (1), the
Presiding Member may refuse to hear the Member further on the matter then under discussion and
call on the next speaker.
7.20 Consumption of alcohol during meetings
The consumption of alcoholic beverages in any Council meeting is prohibited.
7.21 Smoking prohibited
Smoking in any meeting is prohibited.
PART 8—PRESERVING ORDER
8.1 Presiding Member to preserve order
(1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call
any Member to order.
(2) When the Presiding Member speaks during a debate, any Member then speaking is immediately
to sit down and every Member present is to preserve strict silence so that the Presiding Member may
be heard without interruption.
(3) Subclause (2) is not to be used by the Presiding Member to exercise the right provided in clause
7.10, but to preserve order.
8.2 Point of order
(1) Any Member, by way of point of order, may direct the attention of the Presiding Member to any
breach of this local law.
(2) A Member raising a point of order shall specify the grounds of the breach of order before speaking
further on the matter.
(3) A Member rising to express a difference of opinion or to contradict a speaker shall not be
recognised as raising a point of order.
(4) Despite anything in this local law to the contrary, a point of order—
(a) takes precedence over any discussion; and
(b) until determined, suspends the consideration or discussion on any other matter.
8.3 Procedures on a point of order
(1) A person who is addressing the Presiding Member or Council is not to be interrupted except on a
point of order.
(2) A person interrupted on a point of order is to resume his or her seat until—
(a) the Member raising the point of order has been heard; and
(b) the Presiding Member has ruled on the point of order,
and, if permitted, the person who has been interrupted may then proceed.
8.4 Ruling by the Presiding Member
(1) The Presiding Member is to rule on any point of order which is raised by either upholding or
rejecting the point of order.
(2) A ruling by the Presiding Member on a point of order is to be final unless the majority of Members
then present and voting on a motion moved immediately after the ruling, dissent from the ruling.
(3) In the event a motion of dissent under subclause (2) fails, if the Presiding Member rules that—
(a) any motion, amendment or other matter before the meeting is out of order, it is not to be
considered further; and
(b) a statement made or act done by a person is out of order, the Presiding Member may require
the person to make an explanation, retraction or apology.
8.5 Continued breach of order
If a person—
(a) persists in any conduct that the Presiding Member had ruled is out of order; or
(b) refuses to make an explanation, retraction or apology required by the Presiding Member
under clause 8.4(3)(b),
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in the case of a Member, the Presiding Member may direct the Member to refrain from taking any
further part in the debate of the item before the meeting, other than by voting, and the Member is to
comply with that direction, and in the case of any other person, the Presiding Member may direct that
person to leave the Chamber.
8.6 Right of Presiding Member to adjourn
(1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting
for a period of up to 15 minutes.
(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.
(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the
purpose of preserving or regaining order, the second or subsequent adjournment may be to a time
determined by the Presiding Member on the same day or to another day.
PART 9—DEBATE OF SUBSTANTIVE MOTIONS
9.1 Motions to be stated and in writing
Any Member who wishes to propose a motion other than a recommendation contained within the
agenda, or an amendment to a motion, but not a procedural motion, shall unless ruled otherwise by
the Presiding Member submit it in writing, accompanied by comment outlining the reason for the
motion or amendment, to the Presiding Member prior to a vote being taken.
9.2 Motions to be supported
(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has
been seconded.
(2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless
the motion has the support required under regulation 10 of the Regulations.
9.3 Unopposed business
(1) Immediately after a substantive motion has been moved and seconded, the Presiding Member
shall ask the meeting if any Member opposes it, wishes to speak or wishes to ask a question.
(2) If no Member opposes the motion, or wishes to speak or ask a question, the Presiding Member may
put the motion to the vote without debate.
(3) If a Member signifies opposition to the motion or wishes to speak, it is to be dealt with in
accordance with clause 9.5.
(4) If a Member wishes to ask a question, the question is to be asked and answered.
9.4 Only one substantive motion at a time
(1) When a substantive motion is under debate at a meeting of the Council, no further substantive
motion is to be accepted.
(2) The Council is not to consider more than one substantive motion at any time.
9.5 Order of call in debate
If there is opposition to a motion or a Member wishes to speak, the Presiding Member is to call
speakers to a motion in the following order—
(a) the mover to speak to the motion;
(b) the seconder to speak to the motion;
(c) a speaker against the motion, if any;
(d) a speaker for the motion;
(e) other speakers, if any against and for the motion, alternating where possible; and
(f) the mover exercises the right of reply, which closes debate.
9.6 Limit of debate
The Presiding Member may offer the right of reply and put a substantive motion to the vote if he or
she believes that sufficient discussion has taken place even though all Members may not have spoken.
9.7 Member may require motion to be read
A Member may require the motion or matter under discussion to be read at any time during a debate,
but not so as to interrupt any other Member who is speaking.
9.8 Amendments to motions
An amendment to a motion can be proposed once the substantive motion has been moved and
seconded and the mover has had the opportunity to speak to the motion.
9.9 Order of amendments
Any number of amendments may be proposed to a substantive motion, but when an amendment is
moved to a substantive motion, no second or subsequent amendment is to be moved or considered
until the first amendment has been withdrawn, carried or lost.
9.10 Who can move amendment to a motion
Anyone, except the mover and seconder of the substantive motion and a Member who has spoken on
the substantive motion, may propose an amendment to the motion.
1 December 2016 GOVERNMENT GAZETTE, WA 5365
9.11 Form of an amendment
Every amendment is to be—
(a) relevant to the motion to which it is moved; and
(b) worded to indicate precisely which words need to be deleted, added or altered.
9.12 Amendment must not negate original motion
An amendment to a substantive motion cannot have the effect of negating the original motion.
9.13 Mover of motion may speak on amendment
Any Member, including the mover of a substantive motion, may speak during debate on an
amendment.
9.14 Effect of an amendment
If an amendment to a substantive motion is carried, the motion as amended then becomes the
substantive motion.
9.15 Withdrawal of a motion or amendment
(1) The Council may, without debate, grant leave for a motion or amendment to be withdrawn or
altered by the mover, with the consent of the seconder, provided there is no objection by any Member.
(2) If a Member objects, discussion on either the motion or amendment shall continue and no
alteration shall occur.
9.16 Right of reply
(1) The mover of a substantive motion has the right of reply.
(2) The mover of any amendment to a substantive motion has a right of reply in relation to that
amendment.
(3) The right of the reply may only be exercised—
(a) where no amendment is moved to the substantive motion, at the conclusion of the discussion
on the motion;
(b) on an amendment, at the conclusion of discussion on that amendment; or
(c) where one or more amendments have been moved to the substantive motion, at the
conclusion of the discussion on the substantive motion and any amendments.
(4) After the mover of an amendment or the substantive motion has commenced the reply, no other
Member is to speak on the amendment or motion, ask a question or propose a further amendment.
(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no
new matter is to be introduced.
(6) At the conclusion of the right of reply, the amendment, substantive motion, or the substantive
motion as amended, is immediately to be put to the vote.
9.17 Foreshadowing alternative motions
(1) Should a Member wish to negate a substantive motion and have Council consider a new
substantive motion on the matter with different intent, the Member must foreshadow the new
substantive motion prior to the right of reply.
(2) Should a substantive motion be lost, the Presiding Member will call upon the Member who
foreshadowed the new substantive motion to move the proposed motion.
(3) Once moved and seconded, the foreshadowed motion becomes the substantive motion and the
same procedures and rules of debate apply to this motion as any other motion.
(4) If more than one foreshadowed motion is proposed for any item before the Council, the Presiding
Member shall deal with them in the order in which they were presented.
9.18 Motions supported become decisions
Where the Council adopts a motion either with or without amendment, the motion so adopted is
deemed to be the decision of Council.
PART 10—PROCEDURAL MOTIONS
10.1 Permissible procedural motions
In addition to the right to move an amendment to a substantive motion (under Part 9), a Member
may move any of the following procedural motions—
(a) that the motion be deferred;
(b) that the meeting now adjourn;
(c) that the debate on the motion be adjourned;
(d) that the motion be now put;
(e) that the Member be no longer heard; or
(f) that the ruling of the Presiding Member be disagreed with.
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10.2 No debate on procedural motions
(1) The mover of a motion specified in paragraph (a), (b), (c), or (f) of clause 10.1 may speak to the
motion for not more than 5 minutes, the seconder is not to speak other than to formally second the
motion, and there is to be no debate on the motion.
(2) The mover of a motion specified in paragraph (d) or (e) of clause 10.1 may not speak to the motion,
the seconder is not to speak other than to formally second the motion, and there is to be no debate on
the motion.
10.3 Who may move
(1) No Member who has moved, seconded, or spoken for or against the substantive motion, or any
amendment to the substantive motion, may move any procedural motion which, if carried, would close
the debate on the substantive motion or amendment.
(2) A Member is not to move or second more than one motion of adjournment during the same
meeting of the Council.
10.4 Procedural motions—right of reply on substantive motion
The carrying of a procedural motion which closes debate on the substantive motion or amendment
and forces a decision on the substantive motion or amendment does not deny the right of reply to the
mover of the substantive motion or the amendment.
10.5 The motion be deferred—effect of motion
(1) If a motion “that the motion be deferred”, is carried, then all debate on the primary motion and
any amendment is to cease and the motion or amendment is to be resubmitted for consideration at a
time and date determined by the CEO.
(2) A motion “that the motion be deferred” must not be moved in respect of the election of the Mayor
or Deputy Mayor.
(3) A member must not, at the same meeting, move or second more than one motion “that the motion
be deferred” in respect of the same item.
10.6 The meeting now adjourn—effect of motion
(1) If a motion “that the meeting now adjourn” is carried, then the meeting is to be adjourned to a
time and date specified in the motion, or where no time and date is specified, to such time and date as
the Presiding Member declares, or to the next ordinary meeting.
(2) Where debate on a motion is interrupted by an adjournment under subclause (1)—
(a) the debate is to be resumed at the date and time specified as required in subclause (1) and at
the point where it was so interrupted; and
(b) the names of members who have spoken on the matter prior to the adjournment are to be
recorded in the minutes; and
(c) the provisions of clause 7.12 apply when the debate is resumed.
(3) If a motion “that the meeting now adjourn” is lost, no similar motion is to be moved until after the
conclusion of the business under discussion at the time the motion was moved.
(4) A member must not, at the same meeting, move or second more than one motion for the
adjournment of the meeting.
10.7 The debate be adjourned—effect of motion
(1) If a motion “that the debate be adjourned”, is carried—
(a) all debate on the primary motion or amendment is to cease and is to continue at a time and
date specified in the motion;
(b) the names of members who have spoken on the matter are to be recorded in the minutes; and
(c) the provisions of clause 7.12 apply when the debate is resumed.
(2) A motion “that the debate be adjourned” must not be moved in respect of the election of the Mayor
or Deputy Mayor.
(3) A member must not, at the same meeting, move or second more than one motion “that the debate
be adjourned” in respect of the same item.
10.8 The motion be now put—effect of motion
(1) If a motion “that the motion be now put”, is carried during discussion of a primary motion, the
Presiding Member is to offer the right of reply and then immediately put the motion to the vote
without further debate.
(2) If the motion “that the motion be now put” is carried during debate of an amendment, the
Presiding Member is to put the amendment to the vote without further debate.
(3) If the motion “that the motion be now put” is lost, debate is to continue.
10.9 Ruling by the Presiding Member be disagreed with—effect of motion
(1) If a motion “that the ruling of the Presiding Member be disagreed with” is carried, that ruling is to
have no effect and the meeting is to proceed accordingly.
(2) Where the Presiding Member has adjourned the meeting in accordance with clause 8.6, the
motion, that the Presiding Member be disagreed with, may not be moved.
1 December 2016 GOVERNMENT GAZETTE, WA 5367
10.10 Member be no longer heard—effect of motion
If a motion “that the member be no longer heard” is carried, the speaker against whom the motion
has been moved must not speak further on the current primary motion, or any amendment relating to
it, except to exercise the right of reply if he or she is the mover of the primary motion.
PART 11—VOTING
11.1 Motion—when put
Immediately after the debate on any motion is concluded and the right of reply has been exercised,
the Presiding Member—
(a) is to put the motion to the Council; and
(b) if requested by any Member, is to again state the terms of the motion.
11.2 Dividing motions for voting
Where a report to Council contains more than one motion, the Presiding Member may put the
motions individually, in groups or as one.
11.3 Method of taking vote
The Presiding Member, in taking the vote on any motion or amendment—
(a) may put the motion or amendment as often as may be necessary to enable him or her to
determine whether the affirmative or negative has the majority of votes;
(b) is to count and determine the votes of members in any way (such as electronically or by a
show of hands) that enables a record to be taken of each Member’s vote; and
(c) subject to this clause, is to declare the result.
11.4 Recording of votes
The names of all Members voting for or against a motion shall be recorded, adjacent to the respective
motion, in the minutes.
PART 12—ADJOURNMENT OF MEETING
12. Meeting may be adjourned
(1) On a motion for the adjournment of a meeting being carried, a record shall be taken of those who
have spoken on the subject under consideration at the time of adjournment.
(2) All business not dealt with on the agenda of a meeting adjourned under clause 10.6 is to be
resumed at the meeting determined under that clause at the point at which it was adjourned,
immediately following Item 10 in the Order of business as listed in clause 4.2, or as determined by an
absolute majority resolution of Council.
(3) Those Members to which subclause (1) applies shall not be permitted to speak on any subsequent
consideration of the same subject at the reconvened meeting in accordance with clause 7.12.
(4) Subclause (3) does not deprive the mover of the motion of the right of reply.
PART 13—REVOKING OR CHANGING DECISIONS
13.1 Revoking or changing decisions at the same meeting
(1) The Council may at the same meeting at which it is passed, revoke or change a decision if all
Members who were present in the Council chamber at the time the decision was passed are also
present in the Council chamber at the time the revoking or changing is proposed.
(2) The revocation or change referred to in sub-clause (1) shall be considered under Item 15 “Urgent
Business” in the order of business on the Agenda and no notice of motion is required for it to be
considered by Council.
13.2 Implementing a decision
(1) A resolution shall not be implemented by the CEO or any employee of the local government until
noon on the first working day following the Council meeting at which that resolution was passed.
(2) Where a notice of motion to revoke or change a resolution in accordance with clause 13.3 is
received after the meeting at which the resolution was passed, but before noon on the first working
day following that meeting, a resolution shall not be acted upon until the motion to revoke or change
is—
(a) moved and voted upon by the Council; or
(b) withdrawn by the proponents of the motion to revoke or change a resolution.
(3) Where a resolution as referred to in subclause (2) is defeated or withdrawn by the proponent, the
CEO shall implement the original resolution of Council after noon on the first working day following
the decision.
13.3 Method of submitting motions to revoke or change
A notice of motion to revoke or change a decision shall—
(a) be submitted in writing to the CEO at least 7 working days prior to the scheduled meeting at
which it is proposed to be moved;
5368 GOVERNMENT GAZETTE, WA 1 December 2016
(b) be signed by at least one third of the number of offices of Members of the Council;
(c) clearly identify the resolution to be revoked or changed; and
(d) clearly state the reason or reasons for seeking the revocation or change.
13.4 Limitations on revocations and impact statement
The Council shall not consider a motion to revoke or change a decision of the Council if at the time the
motion is moved or notice is given—
(a) action has been taken to implement the decision; or
(b) where the decision concerns the issue of an approval or the authorisation of a licence, permit
or certificate, and where the approval or authorisation of a licence, permit or certificate has
been put into effect by the local government in writing to the applicant or the applicant’s
agent by an employee of the local government authorised to do so,
without having considered a statement of impact prepared by or at the direction of the CEO of legal
and financial consequences of the proposed revocation or change.
13.5 Absence of mover or seconder
(1) A motion to revoke or change a prior decision of the Council must be moved and seconded by the
required number of offices of Members of the Council, as required by the Regulations before it can be
debated.
(2) If a motion to revoke or change a decision is not supported in accordance with sub-clause (1) it—
(a) lapses and can not be dealt with later on that agenda; and
(b) is considered to have failed.
13.6 Repeated revocations by the same Member prohibited
If the Council, on a motion moved by any Member, resolved not to revoke or change a resolution, then
the Council shall not entertain a motion by the same Member to revoke or change the same resolution
at a subsequent meeting unless the notice of motion referred to in clause 13.3 is signed by an absolute
majority of the Council.
PART 14—SUSPENSION OF LOCAL LAW
14.1 Suspension of provision of local law
(1) A Member may at any time move that the operation of clause 7.12 of the provisions of this local
law be suspended.
(2) A Member moving a motion under subclause (1) is to state the reason for the motion but no other
discussion is to take place.
(3) A motion under subclause (1) which is—
(a) seconded; and
(b) carried by an absolute majority,
is to suspend the operation of that clause for the duration of the specific agenda item identified by the
mover.
(4) The mover of a substantive motion debated following the suspension of clause 7.12 does not close
debate on the item when speaking more than once.
14.2 Where local law does not apply
(1) In situations where—
(a) clause 7.12 of this local law has been suspended; or
(b) a matter is not regulated by the Act, the Regulations or this local law,
the Presiding Member is to decide questions relating to the conduct of the meeting.
(2) The decision of the Presiding Member under subclause (1) is final, except where a motion is moved
and carried under clause 10.9.
PART 15—COMMITTEES OF THE COUNCIL
15.1 Establishment, type and membership of Committees
A Council resolution to establish a committee under section 5.8 of the Act is to include—
(a) the terms of reference of the committee;
(b) the number of Council Members, employees and other persons to be appointed to the
committee;
(c) the names or titles of the Council Members and employees to be appointed to the committee;
(d) the names of other persons to be appointed to the committee or an explanation of the
procedure to be followed to determine the appointments;
(e) details of the delegation of any powers or duties to the committee under section 5.16 of the
Act.
1 December 2016 GOVERNMENT GAZETTE, WA 5369
15.2 Calling committee meetings
The CEO is to call a meeting of any committee when requested by the Presiding Member of a
committee or any 2 members of that committee.
15.3 Order of business
(1) Unless otherwise decided by the committee, the order of business at any meeting of a committee is
to be as follows—
Declaration of Opening
Attendance
2.1 Apologies
2.2 Approved leave of absence
Disclosure of interest
Question time for the public
Confirmation of minutes
Reports
Confidential matters
Closure
(2) Notwithstanding subclause (1), there is to be no public question time in meetings of committees
other than a committee to which the Council has delegated a power or duty under section 5.17 of the
Act.
15.4 Participation at committee meetings
(1) A Member may attend any meeting of a committee established by the Council as an observer, even
if the Member is not appointed to that committee.
(2) A deputy to a Member of a committee established by the Council may attend a meeting of that
committee as an observer, even if the deputy is not acting in the capacity of a Member.
(3) The Member in the case of subclause (1), or deputy to a Member attending a committee meeting as
an observer in the case of subclause (2)—
(a) may, with the consent of the Presiding Member, make an oral submission to the committee
for up to 3 minutes, but cannot vote, on any motion before the committee; and
(b) must sit in the area set aside for observers separated from the committee members.
15.5 Local law applies to committees
Unless otherwise specifically provided, the provisions of this local law apply generally to the
proceedings of committees, except for—
(a) clause 7.1;
(b) clause 7.8; and
(c) clause 7.12.
PART 16—MEETINGS OF ELECTORS
16.1 Procedure for electors’ meetings
In exercising his or her discretion to determine the procedure to be followed at an electors’ meeting,
the Presiding Member is to have regard to the Act, Regulations and this local law.
16.2 Participation of non-electors
A person who is not an elector of the local government shall not take part in any discussion at an
electors’ meeting unless the meeting, by resolution, permits the person do so.
PART 17—ENFORCEMENT
Penalty for breach
A person who breaches a provision of this local law commits an offence.
Penalty: $1,000.00 and a daily penalty of $100.00.
PART 18—COMMON SEAL
18.1 Custody of the common seal
The CEO is to have charge of the common seal of the local government and is responsible for its safe
custody and proper use.
18.2 Register
The CEO is to maintain a register that is to record, in respect of each occasion when the common seal
is affixed to a document—
(a) the date that the common seal was affixed;
(b) the nature of the document; and
(c) the parties described in the document.
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18.3 Use of common seal
(1) The common seal of the local government may only be used on the authority of the Council given
either generally or specifically and every document to which the seal is affixed must be signed by the
Mayor and either the CEO or a senior employee authorised by the Chief Executive Officer.
(2) Any person who uses the common seal of the local government or a replica without the Council’s
authority commits an offence.
————
Dated: 28 November 2016.
The Common Seal of the City of Gosnells was affixed by the authority of a resolution of the Council in
the presence of—
OLWEN SEARLE, JP, Mayor.
IAN COWIE, PSM, Chief Executive Officer.
———————————
1 December 2016 GOVERNMENT GAZETTE, WA 5371
WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
LOCAL GOVERNMENT ACT 1995
CITY OF GOSNELLS
WASTE LOCAL LAW 2016
CONTENTS
PART 1—PRELIMINARY
1.1 Short title
1.2 Commencement
1.3 Application
1.4 Meaning of terms used in this local law
1.5 Local public notice of determinations
PART 2—LOCAL GOVERNMENT WASTE
2.1 Supply of receptacles
2.2 Deposit of waste in receptacles
2.3 General waste receptacles
2.4 Recycling waste receptacles
2.5 Direction to place or remove a receptacle
2.6 Duties of owner or occupier
2.7 Exemption
2.8 Damaging or removing receptacles
2.9 Verge collections
PART 3—GENERAL DUTIES
3.1 Duties of an owner or occupier
3.2 Removal of waste from premises
PART 4—ENFORCEMENT
4.1 Offences and general penalty
4.2 Other costs and expenses
4.3 Prescribed offences
4.4 Form of notices
SCHEDULE 1—Meaning of ‘non-collectable waste’
SCHEDULE 2—Prescribed offences
1 December 2016 GOVERNMENT GAZETTE, WA 5373
WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
LOCAL GOVERNMENT ACT 1995
CITY OF GOSNELLS
WASTE LOCAL LAW 2016
Under the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007 and the
Local Government Act 1995 and under all other enabling powers, the Council of the City of Gosnells
resolved on 22 November 2016 to make the following local law.
PART 1—PRELIMINARY
1.1 Short title
This is the City of Gosnells Waste Local Law 2016.
1.2 Commencement
This local law commences 14 days after the day on which it is published in the Government Gazette.
1.3 Application
This local law applies throughout the district.
1.4 Meaning of terms used in this local law
(1) In this local law—
authorised person means a person appointed by the local government under section 9.10 of the
LG Act to perform any of the functions of an authorised person under this local law;
collectable waste means local government waste that is not—
(a) liquid refuse;
(b) liquid waste; or
(c) non-collectable waste;
collectable waste receptacle means a receptacle for the deposit and collection of collectable
waste that is—
(a) a recycling waste receptacle; or
(b) a general waste receptacle;
collection when used in relation to a receptacle, means the collection and removal of collectable
waste from the receptacle by the local government or its contractor;
collection day means the day determined by the local government for the collection of collectable
waste in the district or a part of the district;
collection time means the time on the collection day determined by the local government for the
collection of collectable waste in the district or a part of the district;
commencement date means the date on which this local law commences operation under
clause 1.2;
costs of the local government include administrative costs;
Council means the council of the local government;
district means the district of the local government;
general waste receptacle means a receptacle for the deposit and collection of collectable waste
that is not recycling waste;
LG Act means the Local Government Act 1995;
LG Regulations means the Local Government (Functions and General) Regulations 1996;
local government means City of Gosnells;
local government waste has the same meaning as in the WARR Act;
non-collectable waste has the meaning set out in Schedule 1;
5374 GOVERNMENT GAZETTE, WA 1 December 2016
nuisance means—
(a) an activity or condition which is harmful or annoying and which gives rise to legal
liability in the tort of public or private nuisance at law;
(b) an unreasonable interference with the use and enjoyment of a person of his or her
ownership or occupation of land; or
(c) interference which causes material damage to land or other property on the land
affected by the interference.
occupier in relation to premises, means any or all of the following—
(a) a person by whom or on whose behalf the premises are actually occupied; or
(b) a person having the management or control of the premises;
owner has the same meaning as in the LG Act;
public place includes a place to which the public ordinarily have access, whether or not by
payment of a fee;
receptacle means a receptacle—
(a) that has been supplied for the use of the premises by the local government or its
contractor, or which has otherwise been approved by the local government; and
(b) the waste from which is collected and removed from the premises by the local
government or its contractor;
recycling waste receptacle means a receptacle for the deposit and collection of recycling waste;
recycling waste means—
(a) paper and cardboard;
(b) plastic containers comprised of polyethylene terephthalate or high density
polyethylene;
(c) glass containers;
(d) steel containers;
(e) aluminium containers;
(f) liquid paper board; and
(g) any other waste determined by the local government to be recycling waste;
specified means specified by the local government or an authorised person, as the case may be;
street alignment means the boundary between the land comprising a street and the land that
abuts the street;
WARR Act means the Waste Avoidance and Resource Recovery Act 2007;
waste has the same meaning as in the WARR Act; and
waste service has the same meaning as in the WARR Act.
(2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and
occupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or
occupiers.
1.5 Local public notice of determinations
Where, under this local law, the local government has a power to determine a matter—
(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;
(b) the determination becomes effective only after local public notice has been given;
(c) the determination remains in force for the period of 1 year after the date that local public
notice has been given under paragraph (a);
(d) after the period referred to in paragraph (c), the determination continues in force only if, and
for so long as, it is the subject of local public notice, given annually, under section 1.7 of the
LG Act; and
(e) the determination must be recorded in a publicly accessible register of determinations that
must be maintained by the local government.
PART 2—LOCAL GOVERNMENT WASTE
2.1 Supply of receptacles
The local government is to supply, for the use of each premises that is, or is capable of being, occupied
or used for residential purposes, 1 or more receptacles for the collection and removal, from that
premises, of collectable waste.
2.2 Deposit of waste in receptacles
(1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any
non-collectable waste.
(2) A person must not deposit waste in a receptacle that has been provided for the use of other
premises without the consent of the owner or occupier of those premises.
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2.3 General waste receptacles
(1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste
receptacle—
(a) where the receptacle has a capacity of 240 litres—more than 50 kilograms of collectable
waste; or
(b) where the receptacle has any other capacity—more than the weight determined by the local
government.
(2) An owner or occupier of premises must not deposit or permit to be deposited in a general waste
receptacle any recycling waste.
2.4 Recycling waste receptacles
An owner or occupier of premises must not deposit or permit to be deposited in a recycling waste
receptacle—
(a) anything other than the particular type of recycling waste for which that receptacle was
provided by the local government for those premises;
(b) where the receptacle has a capacity of 240 litres—more than 50 kilograms of recycling waste;
or
(c) where the receptacle has any other capacity—more than the weight determined by the local
government.
2.5 Direction to place or remove a receptacle
(1) The local government or an authorised person may give a written direction to an owner or occupier
of specified premises—
(a) to place a receptacle in respect of those premises for collection; or
(b) to remove a receptacle in respect of those premises after collection.
(2) The direction under subclause (1) may specify when the placement or removal is to occur, or where
the receptacle is to be placed, or both.
(3) An owner or occupier of premises must comply with a direction given under this clause.
2.6 Duties of owner or occupier
An owner or occupier of premises must—
(a) except for a reasonable period before and after collection time, keep each receptacle in a
storage space or area that is behind the street alignment;
(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the
premises, or other area as determined by the local government, ensure that, within a
reasonable period before collection time, each receptacle is—
(i) within 1 metre of the carriageway;
(ii) so that it does not unduly obstruct any footpath, cycle way, right-of-way or carriageway;
and
(iii) facing squarely to the edge of and opening towards the carriageway,
or in such other position as is approved in writing by the local government or an authorised
person;
(c) take reasonable steps to ensure that the premises are provided with a sufficient number of
receptacles; and
(d) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as
practicable, after the event.
2.7 Exemption
(1) An owner or occupier of premises may apply in writing to the local government for an exemption
from compliance with the requirements of clause 2.6(a) or (b).
(2) The local government or an authorised person may grant, with or without conditions, or refuse an
application for exemption from compliance under this clause.
(3) An exemption granted under this clause must state—
(a) the premises to which the exemption applies;
(b) the period during which the exemption applies; and
(c) any conditions imposed by the local government or the authorised person.
(4) An exemption granted under this clause ceases to apply—
(a) if the local government decides, on reasonable grounds, that there has been a failure to
comply with a condition of the exemption; and
(b) from the date that the local government informs the owner or occupier of its decision under
clause 2.7(4)(a).
2.8 Damaging or removing receptacles
A person, other than the local government or its contractor, must not—
(a) damage, destroy or interfere with a receptacle; or
(b) except as permitted by this local law or as authorised by the local government or an
authorised person, remove a receptacle from any premises to which it was delivered by the
local government or its contractor.
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2.9 Verge collections
(1) Where the local government has advertised a verge waste collection (such as a green waste, or a
bulk waste, verge collection) a person, unless with and in accordance with the approval of the local
government or an authorised person—
(a) must deposit waste only during the period of time, and in accordance with other terms and
conditions, as advertised by the local government in relation to that verge waste collection;
and
(b) must otherwise comply with those terms and conditions.
(2) A person must not disassemble or tamper with any waste deposited on a verge for a verge waste
collection so as to increase the risk of harm to any person.
PART 3—GENERAL DUTIES
3.1 Duties of an owner or occupier
An owner or occupier of premises must—
(a) ensure that each receptacle is kept in good condition and repair;
(b) take all reasonable steps to—
(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches,
rodents and other vectors of disease;
(ii) prevent the emission of offensive or noxious odours from each receptacle; and
(iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining
premises; and
(c) whenever directed to do so by the local government or an authorised person, thoroughly
clean, disinfect, deodorise and apply a residual insecticide to each receptacle .
3.2 Removal of waste from premises
(1) A person must not remove any waste from premises unless that person is—
(a) the owner or occupier of the premises;
(b) authorised to do so by the owner or occupier of the premises; or
(c) authorised in writing to do so by the local government or an authorised person.
(2) A person must not remove any waste from a receptacle without the approval of—
(a) the local government or an authorised person; or
(b) the owner or occupier of the premises at which the receptacle is ordinarily kept.
PART 4—ENFORCEMENT
4.1 Offences and general penalty
(1) A 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 a person is prohibited from doing, commits an offence.
(2) A 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 a further penalty not exceeding $500
in respect of each day or part of a day during which the offence has continued.
4.2 Other costs and expenses
(1) A person who is convicted of an offence under this local law is to be liable, in addition to any
penalty imposed under clause 4.1, to pay to the local government the costs and expenses incurred by
the local government in taking remedial action such as—
(a) removing and lawfully disposing of toxic, hazardous or poisonous waste.
(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to
the local government, in a court of competent civil jurisdiction.
4.3 Prescribed offences
(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of
section 9.16(1) of the LG Act.
(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause
in Schedule 2.
4.4 Form of notices
(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in
section 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations.
(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in
Schedule 1 of the LG Regulations.
(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of
Form 3 in Schedule 1 of the LG Regulations.
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Schedule 1
MEANING OF ‘NON-COLLECTABLE WASTE’
[Clause 1.4(1)]
non-collectable waste means—
(a) hot or burning material;
(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,
pesticides, oils, gas cylinders, batteries, chemicals and heavy metals;
(c) any other hazardous material, such as radioactive waste;
(d) any explosive material, such as flares or ammunition;
(e) electrical and electronic equipment;
(f) hospital, medical, veterinary, laboratory or pathological substances;
(g) construction or demolition waste;
(h) sewage;
(i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste)
Regulations 2004;
(j) any object that is greater in length, width, or breadth than the corresponding
dimension of the receptacle or that will not allow the lid of the receptacle to be tightly
closed;
(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or
noxious odour, or to attract flies or cause fly breeding unless it is first wrapped in non-
absorbent or impervious material or placed in a sealed impervious and leak-proof
container; and
(l) any other waste determined by the local government under clause 1.5 to be non-
collectable waste.
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Schedule 2
PRESCRIBED OFFENCES
[Clause 4.3]
Item
No. Clause No. Description Modified
Penalty
1 2.2(1) Depositing non-collectable waste in a receptacle $200
2 2.2(2) Depositing waste in another receptacle without consent $200
3 2.3(1) Exceeding weight capacity of a general waste receptacle $200
4 2.3(2) Depositing recycling waste in a general waste receptacle $200
5 2.4(a) Depositing unauthorised waste in a recycling waste
receptacle $200
6 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle $200
7 2.5(3) Failing to comply with a direction concerning placement
or removal of a receptacle $200
8 2.6(a) Failing to keep a receptacle in the required location $200
9 2.6(b) Failing to place a receptacle for collection in a lawful
position $200
10 2.6(c) Failing to provide a sufficient number of receptacles $200
11 2.8(a) Damaging, destroying or interfering with a receptacle $250
12 2.8(b) Removing a receptacle from premises without permission $200
13 2.9(1) Failing to comply with a term or condition of verge waste
collection $200
14 2.9(2) Increase risk of harm to a person by disassembling or
tampering with waste deposited for collection $250
15 3.1(a) Failing to keep a receptacle in a good condition and repair $200
16 3.1(b)(i) Failing to prevent fly breeding and vectors of disease in a
receptacle $250
17 3.1(b)(ii) Failing to prevent the emission of offensive or noxious
odours from a receptacle $250
18 3.1(b)(iii) Allowing a receptacle to cause a nuisance $250
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Item
No. Clause No. Description Modified
Penalty
19 3.1(c) Failing to comply with a direction to clean, disinfect or
deodorise receptacle $250
20 3.2(1) Unauthorised removal of waste from premises $200
21 3.2(2) Removing waste from a receptacle without approval $200
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Dated: 28 November 2016.
The Common Seal of the City of GOSNELLS was affixed by authority of a resolution of the Council in
the presence of—
OLWEN SEARLE, JP, Mayor.
IAN COWIE, PSM, Chief Executive Officer.
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