Part 6

PART 6—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY Division 1—Functions and closed property 6.1 No unauthorised entry to function (1) A person must not enter local government property on such days or during such times as the property is set aside for a function for which a charge for admission is authorised, except— (a) through the proper entrance for that purpose; and (b) on payment of the fee chargeable for admission at the time. (2) The CEO or an authorised person may exempt a person from compliance with subclause (1)(b).

32 GOVERNMENT GAZETTE, WA 5 January 2021 6.2 No entry to fenced or closed local government property A person must not enter local government property which has been fenced off or closed to the public by a sign or otherwise, unless that person is authorised to do so by the CEO or an authorised person. Division 2—Golf courses 6.3 Interpretation In this Division— controller means an authorised person who has been appointed to control and manage a golf course; golf course means that portion of a local government property which is laid out as a golf course and includes— (a) all tees, fairways, greens, practice tees, practice fairways, practice greens and any driving range; and (b) all buildings, structures, fittings, fixtures and equipment on that property. 6.4 Observance of special conditions of play While on a golf course, a player must— (a) observe and comply with a direction of the controller in respect of any special conditions of play; (b) observe and comply with a requirement of any notice erected to direct or control play; and (c) not be accompanied by a non playing person without the permission of the controller or an authorised person. 6.5 Children under the age of 10 years A person under the age of 10 years must not enter, play or practise on a golf course unless accompanied by a person of 18 years or older. Division 3—Beaches 6.6 Powers of authorised persons or surf life saving club members (1) An authorised person employed by the local government may perform all or any of the following functions in relation to a beach— (a) patrol any beach; (b) carry out any activity on any beach; (c) erect signs designating bathing areas and signs regulating, prohibiting or restricting specified activities on the whole or any part of a beach or in or on the water adjacent to the beach and to direct persons on the beach or in or on the water to comply with such signs; (d) temporarily enclose any area with rope, hessian, wire or any other means for the conduct of surf life saving club activities; and (e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a shark is suspected of being in the vicinity of a beach. (2) Subject to subclause (3), the local government may authorise, under section 9.10 of the Act, one or more members of a surf life saving club to perform all or any of the functions listed in subclause (1). (3) Members authorised by the local government under subclause (2) must have been recommended by the surf life saving club as competent to perform the functions referred to in that subclause in respect of which they are authorised. (4) Under subclause (2), the local government may authorise members generally, or in relation to particular times, days or months. 6.7 Authority of local government employee to prevail If the local government has authorised a person under clause 6.6(1) and a member of a surf life saving club under clause 6.6(2) in relation to the same beach, where they could perform a function referred to in clause 6.6(1) contemporaneously, the authority of an authorised person employed by the local government under clause 6.6(1) is to prevail. 6.8 Persons to comply with signs and directions A person must— (a) not act in contravention of a sign erected on a beach under clause 6.6(1)(c); (b) not enter an area which has been temporarily closed with rope, hessian, wire or any other means for the conduct of surf life saving club activities, unless he or she is a member of the club or has obtained permission to enter from the club; (c) comply with any direction given under clause 6.6(1)(c) or 6.6(1)(e); and (d) not interfere with, obscure, obstruct, or hang any item of clothing or towel on a flag, sign, notice or item of life saving equipment.

5 January 2021 GOVERNMENT GAZETTE, WA 33 Division 4—Airports 6.9 Application This Part applies to each airport which is local government property within the district. 6.10 Use by aircraft (1) The owner of every aircraft, upon payment of the set fee and compliance with this local law and other written law, shall be entitled to use the airport for the landing, servicing and departure of their aircraft and the embarkment and disembarkment of passengers and freight. (2) The local government may close the airport to aircraft movements if it considers the surface of the airport to be unsafe. 6.11 Right of entry to airport (1) Except as herein provided, a person other than— (a) a person lawfully employed upon duties in or about the supervision and control of the airport, or acting under a permit or other agreement of or with the local government, in or about the arrival, departure and servicing of or other attention to aircraft lawfully using the airport; or (b) a passenger or intending passenger of an aircraft lawfully using the airport; or (c) a person greeting or seeing off a passenger or intending passenger of an aircraft lawfully using the airport; shall not enter or remain upon the airport or any part thereof without the approval of the local government first had and obtained. (2) The local government may from time to time designate or set apart any specified part or parts of the Airport— (a) to which only persons from time to time designated by the local government shall be admitted; (b) to which persons other than those mentioned in subclause (1) shall not be admitted; (c) to which the general public, or any limited classes of the general public, may be admitted, either at all times or at specified times, or for limited periods and generally upon such terms and conditions as the local government may resolve; (d) to which no vehicle may be admitted or to which a limited class of vehicles may be admitted or to which vehicles may be admitted only on such terms and conditions as the local government may resolve; (e) to which no aircraft may be admitted or to which a limited class of aircraft may be admitted or to which aircraft may be admitted only on such terms and conditions as the local government resolves. (3) Signs, markings or notices may be placed by the local government at the airport indicating the limits of any part of the airport set apart for any special or limited use under subclause (2). (4) Notwithstanding the provisions of this clause the local government may on special occasions, for instance, an aerial pageant or other event of public interest, make such arrangements for the control of the airport as it may by resolution impose. 6.12 Access of animals restricted (1) A person shall not bring an animal on to an airport unless— (a) the person is a person referred to in section 8 of the Dog Act 1976 acting in accordance with that provision; (b) the animal is being air freighted from the airport; (c) the animal has been air freighted to the airport; or (d) the person is authorized to do so by the local government. (2) A person in charge of an animal shall keep the animal under control and shall not allow it to wander at large on the airport. (3) If an animal is at any time on an airport in contravention of subclause (2), in addition to the person specified in that subclause, the owner of the animal at that time commits an offence against subclause (2). (4) This clause does not apply to a person with a disability where the animal is a guide dog or assistance animal as defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2). Division 5—Jetties 6.13 Interpretation (1) This Division only applies to jetties which are local government property. (2) In this Division— jetty means any jetty, pier, wharf or landing place which is local government property; and bulk cargo means bulk produce, such as grain, coal, oil or mineral ore, which is not packaged. 6.14 Application for consent and application fee (1) Where a person is required to obtain the consent of the local government under this Part, the person is to apply for that consent in the manner required by the local government.

34 GOVERNMENT GAZETTE, WA 5 January 2021 (2) The local government may require an application for consent made under subclause (1) to be accompanied by a fee. (3) If an application for consent is not made in the manner required by the local government or the fee which is to accompany that application is not paid, the local government may refuse to consider the application for consent. (4) The local government shall give its decision on an application for consent, in writing to the person who applied for that consent. (5) Where a fee is referred to in this Part, the fee must be imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act inclusive. 6.15 When use of jetty is prohibited A person shall not land at, use or go on any part of a jetty which is— (a) under construction or repair; or (b) closed, unless that person has first obtained the consent of the local government. 6.16 Method of berthing boat A person in control of a boat shall not berth or make fast the boat to a jetty, or to any part of the jetty, except to such berthing piles, ring bolts or other fastenings as are provided. 6.17 When boat may remain berthed A person in control of a boat shall not berth or make fast the boat to a jetty unless— (a) the boat is in distress and then only to effect the minimum repairs necessary to enable the boat to be moved elsewhere; (b) the embarking or disembarking of passengers is in progress, and then not for a consecutive period exceeding 2 hours without the prior consent of the local government; (c) the loading or discharging of cargo or other goods is in progress in accordance with this Division; (d) where the boat is used at that time for commercial purposes, the person has first paid the fee (if any) for such berthing or making fast to the local government; or (e) to facilitate sea trials for newly launched vessels for a period as specified and approved by an authorised person. 6.18 Authorised person may order removal of boat Notwithstanding anything to the contrary in this Part, a person in control of a boat berthed or fastened to or alongside a jetty shall remove it immediately upon being directed to do so by an authorised person. 6.19 Restrictions on launching A person shall not launch a boat from or over any jetty (other than a boat ramp) unless she or he has first obtained the consent of the local government. 6.20 Loading and discharging A person in control of a boat shall not allow the boat to come alongside or be berthed or made fast to a jetty for the purpose of loading or discharging cargo or other goods— (a) until the cargo or other goods are ready to be loaded or discharged; or (b) without the consent of the local government— (i) between the hours of 6.00pm to 6.00am on the next day; or (ii) for longer than 2 consecutive hours. 6.21 Outgoing cargo not to be stored on jetty A person in control of cargo or other goods intended for loading on to a boat shall— (a) not allow them to be stored or placed on a jetty unless and until the boat is berthed or fastened to or alongside the jetty; and (b) load them on to the boat as soon as practicable after the boat is berthed or fastened to or alongside the jetty. 6.22 Removal of incoming cargo from jetty Any person unloading cargo or other goods from a boat on to a jetty shall remove them, or cause them to be removed from the jetty as soon as practicable, but not later than 6.00pm on the day on which they were placed there. 6.23 Authorised person may direct removal An authorised person may direct a person who, in the opinion of the authorised person, is in charge of cargo or other goods which remain on a jetty contrary to any provision of this Division to remove them from the jetty. 6.24 Handling of bulk cargo Except with the prior consent of the local government, a person shall not place or deposit bulk cargo from a vehicle, boat or container on to a jetty.

5 January 2021 GOVERNMENT GAZETTE, WA 35 6.25 Polluting surrounding area A person shall not tip or deposit anything on to a jetty so as to pollute the surrounding area. 6.26 Limitations on fishing A person shall not— (a) fish from a jetty so as to obstruct or interfere with the free movement of a boat approaching or leaving the jetty or so as to unreasonably interfere with the use of the jetty by any other person; or (b) hang or spread a fishing net from, on or over any part of a jetty.