17 May 1991;
(b) The City of Greater Geraldton Activities In Thoroughfares and Public Places and Trading
Local Law 2011, as published in the Government Gazette on 13 July 2012; and
(c) The City of Greater Geraldton Local Government and Public Property Local Law 2014, as
published in the Government Gazette on 13 May 2014.
(2) An application for, or an application for the renewal of, a licence, permit or other authorisation
made under a repealed local law that has not been finally determined before the commencement day
is to be dealt with and determined as if it were an application under this local law.
(3) A licence, permit or other authorisation under a repealed local law that is in force before the
commencement day is to be regarded on and after that day as a permit under this local law and may
be dealt with accordingly.
1.5 Definitions
In this local law—
Act means the Local Government Act 1995;
applicant means a person who applies for a permit;
application means an application for a permit;
application fee means the fee payable on the lodgement of an application for a permit and which
relates to the lodgement, assessment and determination of the application but does not
include the permit fee;
authorised person means a person appointed by the local government under section 9.10 of the
Act to perform any of the functions of an authorised person under this local law;
boat means any ship, vessel or structure capable of being used in navigation by water, however
propelled or moved, and includes a jet ski;
building means any building which is local government property and includes any—
(a) hall or room;
(b) corridor, stairway or annexe of any hall or room; and
(c) jetty;
bulk rubbish container means a bin or container designed or used for holding a substantial
quantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does
not include a bin or container used in connection with the local government’s regular
domestic rubbish collection service;
24 GOVERNMENT GAZETTE, WA 5 January 2021
carriageway has the meaning given to it by the Road Traffic Code 2000;
CEO means the chief executive officer of the local government;
commencement day means the day on which this local law comes into operation;
Council means the council of the local government;
crossing means a crossing giving access from a public thoroughfare to—
(a) private land; or
(b) a private thoroughfare serving private land;
determination means a determination made under clause 2.1;
district means the district of the local government and any area outside the district of the local
government in respect of which the Governor’s approval under section 3.6(1) of the Act has
been obtained;
entertainment means the action of providing or being provided with amusement or enjoyment,
an event, performance, or activity designed to entertain others.
function means an event or activity characterised by all or any of the following—
(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;
garden means any part of a street planted, developed or treated, otherwise than as a lawn, with
one or more plants;
hire includes offer to hire and expose for hire;
intersection has the meaning given to it in the Road Traffic Code 2000;
kerb includes the edge of a carriageway;
lawn means any part of a street which is planted only with grass, or with a similar plant, but
will include any other plant provided that it has been planted by the local government;
liquor has the meaning given to it in section 3 of the Liquor Control Act ;
Liquor Control Act means the Liquor Control Act 1988 and all regulations made under that
Act;
local government means the City of Greater Geraldton;
local government property means anything—
(a) which belongs to or leased by the local government;
(b) of which the local government is the management body under the Land Administration
Act 1997; or
(c) which is an otherwise unvested facility within section 3.53 of the Act;
except a street.
local public notice has the meaning given to it by the Act;
lot has the meaning given to it in the Planning and Development Act 2005;
market means a collection of stalls, stands or displays erected for the purpose of selling or hiring
goods or services or carrying out any other transaction;
nuisance means any activity, thing, condition, circumstance or state of affairs caused or
contributed to by a person which—
(a) is injurious or dangerous to the health or safety of another person of normal
susceptibility; or
(b) which has a disturbing effect on the state of reasonable physical, mental or social well
being of another person;
owner or occupier, in relation to land, does not include the local government;
permit means a permit under this local law;
permit fee means the fee payable on the issue of a permit;
permit document means a permit document issued under this local law;
permit holder means a person who holds a permit;
permissible verge treatment means any one of the treatments described in clause 8.4(2), and
includes any associated reticulation pipes and sprinklers;
person does not include the local government;
private property means any land that—
(a) has a separate certificate of title; and
(b) is in private ownership or is the subject of a lease or agreement with a person enabling
its use for private purposes,
and includes any building or structure on the land;
prohibited drug has the meaning given to it by the Misuse of Drugs Act 1981;
Section 17 - Public Places and Local Government Property Local Law 2020 - May 1991; | Zoe
5 January 2021 GOVERNMENT GAZETTE, WA 25
public place means—
(a) a street;
(b) any local government property; or
(c) a place to which the public have access;
Regulations means the Local Government (Functions and General) Regulations 1996;
repealed local law means a local law repealed under clause 1.4;
retailer means a the owner or occupier of a shop in respect of which shopping trolleys are
provided for the use of customers of the shop;
Schedule means a schedule to this local law;
sell includes—
(a) offer or attempt to sell;
(b) display for sale;
(c) send, forward or deliver for sale or on sale;
(d) barter or exchange;
(e) dispose, by lot or chance or by auction;
(f) supply, or offer, agree or attempt to supply—
(i) in circumstances which the supplier derives or would be likely to derive a direct
or indirect pecuniary benefit; or
(ii) gratuitously, but with a view to gaining or maintaining custom or other
commercial advantage; or
(g) authorise, direct, cause or permit to be done any act referred to in this definition;
shopping trolley means a wheeled container or receptacle supplied by a retailer to enable a
person to transport goods;
sign includes a notice, flag, mark, structure or device approved by the local government on which
may be shown words, numbers, expressions or symbols;
stall means a movable or temporarily fixed structure, stand or table in, on or from which goods or
services are sold and includes a vehicle;
street means any highway, thoroughfare or land used for vehicular or pedestrian traffic, and
includes all the land lying between property lines, including the verge and footpath;
street tree means any tree planted or self sown in the street, of an appropriate species and in an
appropriate location, for the purposes of contributing to the streetscape;
thoroughfare has the meaning given to it by the Act;
trading means selling or hiring goods or services and includes the setting up of a stall and
conducting business at a stall;
vehicle includes—
(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 excludes—
(c) a wheel-chair or any device designed for use, by a physically impaired person on a
footpath; and
(d) a pram, stroller or similar device, or a shopping trolley;
verge means that part of a street between the carriageway and the land which abuts the street,
but does not include any footpath; and
waste includes matter—
(a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is
discharged into the environment; or
(b) prescribed by regulations under the Waste Avoidance and Resource Recovery Act 2007
to be waste.
1.6 Interpretation
In this local law, a reference to local government property includes a reference to any part of local
government property.
1.7 Overriding power to hire and agree
Despite anything to the contrary in this local law, the CEO or an authorised person, on behalf of the
local government, may—
(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.
26 GOVERNMENT GAZETTE, WA 5 January 2021
PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY
2.1 Determinations as to use of local government property
(1) The local government may make a determination in accordance with clause 2.2—
(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 1—
(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.
2.2 Procedure for making a determination
(1) The CEO or an authorised person is to give local public notice of the local government’s intention
to make a determination.
(2) The local public notice referred to in subclause (1) is to state that—
(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.
(3) If no submissions are received in accordance with subclause (2)(c), the Council may decide—
(a) to give local public notice that the proposed determination has effect as a determination on
and from the date of publication;
(b) to amend the proposed determination, in which case subclause (5) is to apply; or
(c) not to continue with the proposed determination.
(4) If submissions are received in accordance with subclause (2)(c), the Council—
(a) is to consider those submissions; and
(b) may decide—
(i) whether or not to amend the proposed determination; or;
(ii) whether or not to continue with the proposed determination.
(5) If the Council decides to amend the proposed determination, it is to give local public notice—
(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.
2.3 Discretion to erect sign
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.
2.4 Determination to be complied with
A person must comply with a determination.
2.5 Register of determinations
(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 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.
2.6 Amendment or revocation of a determination
(1) The local government 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 local government 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.
5 January 2021 GOVERNMENT GAZETTE, WA 27
2.7 Activities which may be pursued on specified local government property
(1) A determination may provide that specified local government property is set aside as an area on
which a person may—
(a) take, ride or drive a vehicle, or a particular class of vehicle;
(b) fly or use a motorised model aeroplane;
(c) use a children’s 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;
(d) launch, beach or leave a boat;
(e) take or use a boat, or a particular class of boat;
(f) play or practise—
(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; or
(g) ride a bicycle, a skateboard, roller skates, rollerblades, a sandboard or a similar device.
(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 particular—
(a) the days and times during which the activity may be pursued;
(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, equipment or things, or may extend it to all
vehicles, 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.
2.8 Activities which may be prohibited on specified local government property
(1) A determination may provide that a person is prohibited from pursuing all or any of the following
activities on specified local government property—
(a) riding a bicycle, a skateboard, roller skates, rollerblades, a sandboard or a similar device;
(b) taking, riding or driving a vehicle or a particular class of vehicle;
(c) riding or driving above a specified speed a vehicle or a particular class of vehicle;
(d) taking or using a boat, or a particular class of boat;
(e) the playing or practice of—
(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;
(f) the playing or practice of any ball game which may cause detriment to the property or any
fauna on the property; and
(g) the traversing of 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 particular—
(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, equipment or things, or all
vehicles, 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.
2.9 Sign under repealed local law taken to be determination
(1) Where an approved sign erected on local government property has been erected under a repealed
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).