Part 5BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY

PART 5—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY Division 1—Prohibited behaviour 5.1 Behaviour which interferes with others A person must not, in or on any local government property, behave in a manner which— (a) is likely to interfere with the enjoyment of a person who might use the property or who might otherwise lawfully be on the property; or (b) interferes with the enjoyment of a person using, or otherwise lawfully on, the property. 5.2 Behaviour detrimental to property (1) A person must not behave in or on local government property in a way which is or might be detrimental to the property. (2) In subclause (1)— detrimental to the property includes— (a) removing any thing from the local government property including a rock, a plant or a seat provided for the use of any person; and (b) destroying, defacing or damaging any thing on the local government property, including a plant, a seat provided for the use of any person or a building. 5.3 Taking or injuring fauna (1) A person must not take, injure or kill, or attempt to take, injure or kill, any fauna which is on or above any local government property, unless that person is authorised under a written law to do so. (2) In this clause and in clause 5.5— animal means any living thing that is not a human being, fly or plant; and fauna means any animal indigenous to or which periodically migrates to any State or Territory of the Commonwealth or the territorial waters of the Commonwealth and includes in relation to any such animal— (a) any class of animal or individual member; (b) the eggs or larvae; or (c) the carcass, skin, plumage or fur unless it has been shed or discarded by the animal in a normal or natural manner. 5.4 Flora (1) Unless authorised to do so under a written law or with the written approval of the CEO or an authorised person, a person must not— (a) remove, damage or interfere with any flora that is on or above any local government property; or (b) cultivate, plant or deposit any flora on local government property. (2) In this clause— flora means all vascular plants, seeds and other flora, whether living or dead. 5.5 Animals (1) A person must not— (a) tether any animal to a tree, shrub, tree guard, wall or fence; or (b) permit any animal to enter upon or into any local government property, unless authorised by a permit or under this local law. (2) In this clause, ‘animal’ does not include a dog. 5.6 Intoxicated persons not to be on local government property A person must not enter or remain on local government property while under the influence of liquor or a prohibited drug.

5 January 2021 GOVERNMENT GAZETTE, WA 31 5.7 Only specified gender to use entry of toilet block or change room (1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or change room is to be used by— (a) females—then a person of the male gender must not use that entry of the toilet block or change room; (b) males—then a person of the female gender must not use that entry of the toilet block or change room; or (c) families—then, where the toilet block or change room is being used by a family, only an immediate member of that family may use that entry of the toilet block or change room. (2) Paragraphs (a) and (b) of subclause (1) do not apply to a child, when accompanied by a parent, guardian or caregiver, where the child is— (a) under the age of 8 years; or (b) otherwise permitted by an authorised person to use the relevant entry. Division 2—Signs and powers to give directions 5.8 Signs (1) The CEO or an authorised person may erect a sign on local government property— (a) specifying any conditions of use which apply to that property; and (b) for any other purpose relevant to this local law, including giving notice of a breach of clause 5.4 and substituting a sign for flora that has been removed, damaged or interfered with contrary to clause 5.4. (2) A person must comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) is— (a) not to be inconsistent with any provision of this local law or any determination; and (b) to be for the purpose of giving notice of the effect of a provision of this local law. 5.9 Authorised person to be obeyed A person on local government property must obey any lawful direction of the CEO or an authorised person and must not in any way obstruct or hinder the CEO or an authorised person in the execution of her or his duties. 5.10 Refusal of entry and removal (1) If the CEO or an authorised person reasonably suspects that a person is breaching, or has just breached, a provision of this local law or any other written law, the CEO or authorised person may— (a) refuse to allow that person to enter local government property; (b) if the person is on local government property, direct the person to leave the local government property; and (c) specify a period of up to 30 calendar days within which the person is not to re-enter the local government property. (2) A person who has been refused entry or who has been directed to leave under subclause (1) must immediately leave the local government property quickly and peaceably. (3) If a person fails to comply with subclause (2), the CEO or an authorised person may remove the person, or arrange for the person to be removed, from the local government property. (4) The CEO or an authorised person may reduce the period specified in subclause (1)(c) on application of the person who has been directed not to re-enter local government property. 5.11 Disposal of lost property An article left on any local government property, and not claimed within a period of 3 months, may be disposed of by the CEO or an authorised person— (a) if the value of the property is reasonably believed to exceed the amount prescribed by regulation 30(3) of the Local Government (Functions and General) Regulations 1996, using the process under section 3.58 of the Act for the sale of the article as if it was property referred to in that section; (b) if the article is reasonably believed to be of a negligible or little value or likely to be of no interest to a not for profit body, in any manner he or she thinks fit; or (c) in any other case, by donation to a not for profit body incorporated under the Associations Incorporations Act 2015.