2190GOVERNMENT GAZETTE, WA 16 March 2022

2190 GOVERNMENT GAZETTE, WA 16 March 2022 7.3 Notice to owner or occupier The CEO or an authorised person may give a notice in writing to the owner or the occupier of a lot abutting on a verge to make good, within the time specified in the notice, any breach of a provision of this Part. Division 2—Permissible verge treatments 7.4 Permissible verge treatments (1) An owner or occupier of land which abuts on a verge may, on that part of the verge directly in front of her or his land, install a permissible verge treatment. (2) A permissible verge treatment is– (a) the planting and maintenance of a lawn; (b) the planting and maintenance of a garden provided that— (i) clear sight visibility is maintained at all times for a person using the abutting street in the vicinity of an intersection or bend in the street or using a driveway on land adjacent to the street for access to or from the street; (ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of 2m along that part of the verge immediately adjacent to the kerb; (iii) it does not include a wall or built structure; and (iv) it is not of a thorny, poisonous or hazardous nature; and (c) the installation of an acceptable material. (3) In this clause acceptable material means any material which would create a hard surface, and which has been approved by the local government. (4) A person must not install or maintain a verge treatment which is not a permissible verge treatment. (5) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each to be taken to have installed and maintained that verge treatment for the purposes of this clause and clause 7.5. 7.5 Obligations of owner or occupier An owner or occupier who installs or maintains a permissible verge treatment must— (a) keep the permissible verge treatment in a good and tidy condition and ensure, where the verge treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining the verge are not obstructed by the verge treatment; (b) ensure that clear sight visibility is maintained at all times for a person using the abutting thoroughfare in the vicinity of an intersection or bend in a thoroughfare, or using a driveway on land adjacent to the thoroughfare for access to or from the thoroughfare; (c) not place any obstruction on or around the verge treatment; (d) not disturb a footpath on the verge; (e) ensure that the verge treatment does not damage or obstruct a drain, manhole, galley, inspection pit, channel, kerb or tree planted by the local government; and (f) ensure that any sprinklers or pipes installed to irrigate a verge treatment— (i) do not protrude above the level of the lawn or verge treatment when not in use; (ii) are not used at such times so as to cause unreasonable inconvenience to pedestrians or other persons; and (iii) do not otherwise present a hazard to pedestrians or other persons. 7.6 Transitional provision former provisions means the provisions of the repealed local laws which permitted certain types of verge treatments, whether with or without the consent of the local government. (2) A verge treatment which— (a) was installed prior to the commencement day; and (b) on the commencement day is a type of verge treatment which was permitted under and complied with the former provisions, is to be taken to be a permissible verge treatment for so long as the verge treatment remains of the same type and continues to comply with the former provisions. 7.7 Power to carry out public works on verge Where the local government or an authority empowered to do so under a written law disturbs a verge, the local government or the authority— (a) is not liable to compensate any person for that disturbance; (b) may backfill with sand, if necessary, any garden or lawn; and (c) is not liable to replace or restore any— (i) verge treatment and, in particular, any plant or any acceptable material or other hard surface; or