3516GOVERNMENT GAZETTE, WA 29 June 2017

3516 GOVERNMENT GAZETTE, WA 29 June 2017 “determination” means a determination made under clause 2.1; “district” means the district of the local government. “eating house” means premises which are registered as an eating house under the Health Act or which are the subject of a hotel licence, a special facility licence or a restaurant licence under the Liquor Act; “entertain” means conduct any form of theatrical, artistic, musical, audio or visual performance and includes busk; “entertainment licence” means a licence of the kind referred to in clause 1.6(c); “food” has the meaning given by clause 1.5; “food sales licence” means a licence of the kind referred to in clause 1.6(d); “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 thoroughfare planted, developed or treated, otherwise than as a lawn, with one or more plants; “Health Act” means the Public Health Act 2016; “hire” includes offer to hire and expose for hire; “intersection” has the meaning give to it in the Road Traffic Code 2000; “kerb” includes the edge of a carriageway; “lawn” means any part of a thoroughfare 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 “licence” means a licence under this local law; “licence fee” means the fee payable upon the issue of a licence; “licence document” means a licence document issued under this local law; “licensee” means a person who holds a licence; “liquor” has the same meaning as is given to it in section 3 of the Liquor Control Act 1988; “Liquor Act” means the Liquor Control Act 1988 and includes any regulations made under that Act; “local government” means the “Shire of Halls Creek”; “local government property” means anything except a street— (a) which belongs to 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; “local public notice” has the same meaning as in section 1.7 of the Act; “lot” has the meaning given to it in the Planning and Development Act 2005; “Manager” means the person for the time being employed by the local government to control and manage a facility which is local government property and includes the person’s assistant or deputy; “market” means a collection of stalls, stands or displays erected for the purpose of selling or hiring goods, wares, merchandise or services or carrying out any other transaction; “market licence” means a licence of the kind referred to in clause 1.6(b); “nuisance” means— (a) any activity, thing, condition, circumstance or state of affairs caused or contributed to by a person which is injurious or dangerous to the health of another person of normal susceptibility, or which has a disturbing effect on the state of reasonable physical, mental or social wellbeing of another person; (b) anything a person does or permits or causes to be done which interferes with or is likely to interfere with the enjoyment or safe use by another person or any public place; or (c) anything a person does in or on a public place which unreasonably detracts from or interferes with the enjoyment or value of nearby land owned by another person, provided that anything done in accordance with the law or a legal right or which is consistent with the standard of behaviour in the relevant locality shall not be unreasonable for the purpose “owner or occupier” in relation to land does not include the local government; “permissible verge treatment” means any one of the 4 treatments described in clause 6.5 (2), and includes any reticulation pipes and sprinklers; “person” does not include the local government;