Section 1 - Activities in Thoroughfares and Public places and Trading Local Law 2017 - Activities in Thoroughfares and Public places and Trading Local Law 2017 | Zoe
CITY OF KARRATHA
———————————
ACTIVITIES IN
THOROUGHFARES AND
PUBLIC PLACES AND
TRADING LOCAL LAW 2017
REPEAL LOCAL LAW 2017
27 September 2017 GOVERNMENT GAZETTE, WA 4959
LOCAL GOVERNMENT ACT 1995
CITY OF KARRATHA
ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND
TRADING LOCAL LAW 2017
CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Application
1.4 Repeal
1.5 Interpretation
1.6 Assistance animals
PART 2—ACTIVITIES ON THOROUGHFARES AND PUBLIC PLACES
Division 1—General
2.1 General prohibitions
2.2 Activities allowed with a permit—general
2.3 No possession and consumption of liquor on thoroughfare
Division 2—Vehicle crossing
Subdivision 1—Temporary crossings
2.4 Permit required
Subdivision 2—Temporary crossings
2.5 Removal of redundant crossing
Division 3—Verge treatments
Subdivision 1—Preliminary
2.6 Interpretation
2.7 Application
Subdivision 2—Permissible verge treatments
2.8 Permissible verge treatments
2.9 Only permissible verge treatments to be installed
2.10 Obligations of owner or occupier
2.11 Notice to owner or occupier
Subdivision 3—Existing verge treatments
2.12 Transitional provision
Subdivision 4—Public works
2.13 Power to carry out public works on a verge
Division 4—Property numbers
Subdivision 1—Preliminary
2.14 Interpretation
Subdivision 2—Assignment and marking of numbers
2.15 Assignment of numbers
Division 5—Fencing
2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of the Act
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Division 6—Signs to be erected by the local government
2.17 Signs
2.18 Transitional
Division 7—Driving on a closed thoroughfare
2.19 No driving on a closed thoroughfare
PART 3—ADVERTISING SIGNS ON THOROUGHFARES
Division 1—Preliminary
3.1 Interpretation
Division 2—Permit
3.2 General prohibitions
3.3 Impounding of advertising sign
PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS
Division 1—Animals and vehicles
4.1 Leaving animal or vehicle in public place or on local government property
4.2 Prohibitions relating to animals
Division 2—Shopping trolleys
4.3 Interpretation
4.4 Shopping trolley to be marked
4.5 Person not to have possession of or leave trolley in public place
4.6 Abandoned trolley
4.7 Retailer to remove abandoned trolley
4.8 Impounding of abandoned trolley
4.9 Retailer to be notified
PART 5—TRADING IN THOROUGHFARES AND PUBLIC PLACES
Division 1—Stallholders and traders
Subdivision 1—Preliminary
5.1 Interpretation
Subdivision 2—Permits
5.2 Stallholder’s permit
5.3 Trader’s permit
5.4 No permit required to sell newspaper
5.5 Relevant conditions in determining application for permit
5.6 Conditions of permit
5.7 Exemptions from requirement to pay fee or to obtain a permit
Subdivision 3—Conduct of stallholders and traders
5.8 Conduct of stallholders and traders
Division 2—Outdoor eating facilities on public places
5.9 Interpretation
5.10 Permit required to conduct facility
5.11 Matters to be considered in determining application
5.12 Obligations of permit holder
5.13 Removal of facility unlawfully conducted
5.14 Use of facility by public
5.15 Temporary removal of facility may be requested
PART 6—PERMITS
Division 1—Applying for a permit
6.1 Application for permit
6.2 Decision on application for permit
Division 2—Conditions
6.3 Conditions which may be imposed on a permit
6.4 Imposing conditions under a policy
6.5 Compliance with and variation of conditions
Division 3—General
6.6 Duration of permit
6.7 Permits for outdoor facilities
6.8 Renewal of permit
27 September 2017 GOVERNMENT GAZETTE, WA 4961
6.9 Transfer of permit
6.10 Production of permit
6.11 Cancellation of permit
PART 7—OBJECTIONS AND APPEALS
7.1 Application of Part 9 Division 1 of Act
PART 8—MISCELLANEOUS NOTICES
8.1 Notice to redirect or repair sprinkler
8.2 Hazardous plants
8.3 Notice to repair damage to thoroughfare
8.4 Notice to remove thing unlawfully placed on thoroughfare
PART 9—ENFORCEMENT
Division 1—Notices given under this local law
9.1 Offence to fail to comply with notice
9.2 Local government may undertake requirements of notice
Division 2—Offences and penalties
Subdivision 1—General
9.3 Offences
Subdivision 2—Infringement notices and modified penalties
9.4 Prescribed offences
9.5 Forms
SCHEDULE 1—PRESCRIBED OFFENCES
SCHEDULE 2—ACCEPTABLE MATERIAL
27 September 2017 GOVERNMENT GAZETTE, WA 4963
LOCAL GOVERNMENT ACT 1995
CITY OF KARRATHA
ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND
TRADING LOCAL LAW 2017
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling
it, the Council of the City of Karratha resolved on 17 July 2017 to make the following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the City of Karratha Activities in Thoroughfares and Public Places and
Trading Local Law 2017.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
1.3 Application
This local law applies throughout the district.
1.4 Repeal
The Shire of Roebourne Activities In Thoroughfares and Public Places And Trading Local Law as
published in the Government Gazette on 16 June 2003 is repealed.
1.5 Interpretation
In this local law unless the context otherwise requires—
Act means the Local Government Act 1995;
applicant means a person who applies for a permit;
authorised person means a person authorised 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;
built-up area has the meaning given to it in the Road Traffic Code 2000;
building permit means a permit granted under section 20 of the Building Act 2011;
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;
carriageway means the paved or made portion of a thoroughfare used or intended for use by
vehicles;
CEO means the chief executive officer of the local government;
charitable organisation means a charitable institution or public benevolent institution
endorsed by the Commonwealth Commissioner of taxation under the Commonwealth Income
Tax Assessment Act 1997 as a deductible gift recipient or as exempt from income tax;
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;
district means the district of the local government;
footpath has the meaning given to it in the Road Traffic Code 2000;
garden means any part of a thoroughfare planted, developed or treated, otherwise than as a
lawn, with one or more plants;
4964 GOVERNMENT GAZETTE, WA 27 September 2017
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 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 government;
liquor has the meaning given to it in section 3 of the Liquor Licensing Act 1988;
local government means the City of Karratha;
local government property means anything except a thoroughfare—
(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 meaning given to it by section 1.7 of the Local Government Act 1995;
lot has the meaning given to it in the Planning and Development Act 2005;
nature strip has the meaning given to it in the Road Traffic Code 2000;
nuisance means—
(a) an activity or condition which is harmful or annoying and which gives rise to legal
liability in the tort of public or private nuisance at law;
(b) an unreasonable interference with the use and enjoyment of a person of his or her
ownership or occupation of land; or
(c) interference which causes material damage to land or other property on the land affected
by the interference;
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 2.8(3), and
includes any reticulation pipes and sprinklers;
permit means a permit issued under this local law;
permit holder means a person who holds a valid permit;
person does not include the local government;
premises for the purpose of the definition of “public place” in both this clause and clause 5.1,
means a building or similar structure, but does not include a carpark or a similar place;
property line means the lateral boundary of a thoroughfare;
public place includes any thoroughfare or place, which the public are allowed to use, whether or
not the thoroughfare or place is on private property, but does not include—
(a) premises on private property from which trading is lawfully conducted under a written
law; and
(b) local government property;
Regulations means the Local Government (Functions and General) Regulations 1996;
Schedule means a Schedule to this local law;
sign includes a notice, flag, mark, structure or device on which may be shown words, numbers,
expressions or symbols;
thoroughfare has the meaning given to in in the Act, but does not include a private
thoroughfare which is not under the management control of the local government;
town planning scheme means a town-planning scheme of the local government made under the
Planning and Development Act 2005;
townsite means the townsite of Cossack, Dampier, Karratha, Point Samson, Roebourne and
Wickham, which is—
(a) constituted under section 26(2) of the Land Administration Act 1997; or
(b) referred to in clause 37 of Schedule 9.3 of the Act;
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, a stroller, a shopping trolley or a similar device; and
verge means that part of a thoroughfare between the carriageway and the property line of land
which abuts the thoroughfare, but does not include any footpath.
1.6 Assistance animals
This local law is subject to any written law and any law of the Commonwealth about assistance
animals as defined in the Disability Discrimination Act 1992 (Cth) section 9(2).
27 September 2017 GOVERNMENT GAZETTE, WA 4965
PART 2—ACTIVITIES ON THOROUGHFARES AND PUBLIC PLACES
Division 1—General
2.1 General prohibitions
A person shall not—
(a) plant any plant (except grasses or a similar plant) within 10 metres of an intersection;
(b) damage a lawn or a garden or remove any plant or part of a plant from a lawn or a garden
unless—
i. the person is the owner or the occupier of the lot abutting that portion of the
thoroughfare and the lawn or the garden or the particular plant has not been installed
or planted by the local government; or
ii. the person is acting under the authority of a written law;
(c) plant any plant (except grass or a similar plant) on a thoroughfare so that it is within 2 metre
of a carriageway;
(d) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or
otherwise, but not water) which may create a hazard for any person using the footpath;
(e) unless at the direction of the local government, damage, remove or interfere with any
signpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a
thoroughfare by the local government or a person acting under the authority of a written law;
(f) play or participate in any game or sport so as to cause danger to any person or thing or
impede the movement of vehicles or persons on a thoroughfare; or
(g) within a mall, arcade or verandah of a shopping centre, ride any skateboard, rollerblades or
similar device;
(h) drive or park a vehicle on a verge unless—
i. the person is the owner or the occupier of the lot abutting that portion of the
thoroughfare; or
ii. the person is acting under the authority of a written law or has the permission of the
owner or occupier of the property abutting the verge; or
(i) place, or allow to be placed or remain, on a thoroughfare or verge anything that results in a
hazard for any person using the thoroughfare or verge including the obstruction of visibility
at intersections.
2.2 Activities allowed with a permit—general
(1) A person shall not, without a permit—
(a) dig or otherwise create a trench through or under a kerb or footpath;
(b) subject to Division 3 of this Part, throw, place or deposit anything on a verge except—
i. for removal by the local government under a bulk rubbish collection, and then only
during the period of time advertised in connection with that collection by the local
government;
ii. a bulk rubbish container, and then only for the period of time required to fill the
container, but in any event, for a period not exceeding 1 week;
iii. a bulk container for household and personal effects, and then only for the period of time
required to load or unload the container, but in any event, for a period not exceeding
1 week; and
iv. when permitted to do so under a current building permit issue under the Building
Act 2011;
(c) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare;
(d) cause any obstruction to a water channel or a water course in a thoroughfare;
(e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare;
(f) damage a thoroughfare;
(g) light any fire or burn anything on a thoroughfare other than in a stove or fireplace provided
for that purpose;
(h) fell any tree onto a thoroughfare;
(i) unless installing a permissible verge treatment—
i. lay pipes under or provide taps on any verge; or
ii. place or install anything on any part of a thoroughfare, and without limiting the
generality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks,
bricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust;
(j) provide, erect, install or use in or on any building, structure or land abutting on a
thoroughfare any hoist or other thing for use over the thoroughfare;
(k) on a public place use anything or do anything so as to create a nuisance;
(l) place or cause to be placed on a thoroughfare a charity bin or similar receptacle; or
(m) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare.
(2) The local government may exempt a person from compliance with subclause (1) on the application
of that person.
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2.3 No possession and consumption of liquor on thoroughfare
(1) A person shall not consume any liquor or have in her or his possession or under her or his control
any liquor on a thoroughfare unless—
(a) that is permitted under the Liquor Licensing Act 1988 or under another written law; or
(b) the person is doing so in accordance with a permit.
(2) Subclause (1) does not apply where the liquor is in a sealed container.
Division 2—Vehicle crossing
Subdivision 1—Temporary crossings
2.4 Permit required
(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the
lot, the person responsible for the works shall obtain a permit for the construction of a temporary
crossing to protect the existing carriageway, kerb, drains and footpath, where—
(a) a crossing does not exist; or
(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely
to cause damage to the crossing.
(2) The “person responsible for the works” in subclause (1) is to be taken to be—
(a) the builder named on the building permit issued under the Building Act 2011, if one has been
issued in relation to the works; or
(b) the registered proprietor of the lot, if no building permit has been issued under the Building
Act 2011 in relation to the works.
(3) If the local government approves an application for a permit for the purpose of subclause (1), the
permit is taken to be issued on the condition that until such time as the temporary crossing is
removed, the permit holder shall keep the temporary crossing in good repair and in such a condition
so as not to create any danger or obstruction to persons using the thoroughfare.
Subdivision 2—Redundant vehicle crossings
2.5 Removal of redundant crossing
(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be
removed and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the
removal are to be reinstated to the satisfaction of the local government.
(2) The local government may give written notice to the owner or occupier of a lot requiring her or him
to—
(a) remove any part of or all of a crossing which does not give access to the lot; and
(b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may
be affected by the removal,
within the period of time stated in the notice, and the owner or occupier of the lot shall comply with
that notice.
Division 3—Verge treatments
Subdivision 1—Preliminary
2.6 Interpretation
In this Division, unless the context otherwise requires—
acceptable material means any material which will create a hard surface, and which appears
in a Schedule 2.
2.7 Application
This Division only applies to a townsite.
Subdivision 2—Permissible verge treatments
2.8 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 person shall not install a permissible verge treatment so that it extends beyond the prolongation
of the side boundaries between the subject lot and the abutting lots.
(3) The permissible verge treatments are—
(a) the planting and maintenance of a lawn or synthetic turf;
(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
thoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a
driveway on land adjacent to the thoroughfare for access to or from the thoroughfare;
and
27 September 2017 GOVERNMENT GAZETTE, WA 4967
ii. where there is no footpath, a pedestrian has safe and clear access of a minimum width
of 2 metres 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;
(c) the installation of an acceptable material; or
(d) a combination of any of the above.
2.9 Only permissible verge treatments to be installed
(1) A person shall not install or maintain a verge treatment, which is not a permissible verge
treatment.
(2) 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 2.10.
2.10 Obligations of owner or occupier
An owner or occupier who installs or maintains a permissible verge treatment shall—
(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 is not obstructed by the verge treatment;
(b) not place any sightline obstruction on or around the verge treatment;
(c) ensure that the verge treatment does not damage or obstruct a drain, manhole, gully,
inspection pit, channel, kerb, or tree planted by the local government;
(d) ensure that any sprinklers or pipes installed to irrigate a verge treatment—
i. are not used at such times so as to cause unreasonable inconvenience to pedestrians or
other persons; and
ii. do not otherwise present a hazard to pedestrians or other persons;
(e) not place any obstruction on or around the verge treatment; and
(f) not disturb a footpath on the verge.
2.11 Notice to owner or occupier
The local government 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 Division.
Subdivision 3—Existing verge treatments
2.12 Transitional provision
(1) In this clause—
former provisions means the local law of the local government which permitted certain types of
verge treatments, whether with or without the consent of the local government, and which
was repealed by this local law.
(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.
Subdivision 4—Public works
2.13 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 acceptable material or other hard
surface; or
ii. sprinklers, pipes or other reticulation equipment.
Division 4—Property numbers
Subdivision 1—Preliminary
2.14 Interpretation
In this Division, unless the context requires otherwise—
Number means a number of a lot with or without an alphabetical suffix indicating the address of
the lot by reference to a thoroughfare.
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Subdivision 2—Assignment and marking of numbers
2.15 Assignment of numbers
The local government may assign a Number to a lot in the district and may assign another Number to
the lot instead of that previously assigned.
Division 5—Fencing
2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act
The following places are specified as a public place for the purpose of item 4(1) of Division 1 of
Schedule 3.1 of the Act—
(a) a public place, as that term is defined in clause 1.5; and
(b) local government property.
Division 6—Signs erected by the local government
2.17 Signs
(1) A local government may erect a sign on a public place specifying any conditions of use which apply
to that place.
(2) A person shall comply with a sign erected under subclause (1).
(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving
notice of the effect of a provision of this local law.
2.18 Transitional
Where a sign erected on a public place has been erected under a local law of the local government
repealed by this local law, then on and from the commencement day, it is to be taken to be a sign
erected under clause 2.17 if—
(a) the sign specifies a condition of use relating to the public place which gives notice of the effect
of a provision of this local law; and
(b) the condition of use specified is not inconsistent with any provision of this local law.
Division 7—Driving on a closed thoroughfare
2.19 No driving on closed thoroughfare
(1) A person shall not drive or take a vehicle on a closed thoroughfare unless—
(a) that is in accordance with any limits or exceptions specified in the order made under section
3.50 of the Act; or
(b) the person has first obtained a permit.
(2) In this clause—
closed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or
3.50A of the Act.
PART 3—ADVERTISING SIGNS ON THOROUGHFARES
Division 1—Preliminary
3.1 Interpretation
In this Part, unless the context otherwise requires—
advertising sign means a sign used for the purpose of advertisement and includes an “election
sign”;
direction sign means a sign which indicates the direction of another place, activity or event, but
does not include any such sign erected or affixed by the local government or the
Commissioner of Main Roads;
election sign means a sign or poster which advertises any aspect of a forthcoming Federal, State
or Local Government election;
portable direction sign means a portable free standing direction sign; and
portable sign means a portable free standing advertising sign.
Division 2—Permit
3.2 General prohibitions
A person shall not, without a permit——
(a) erect or place an advertising sign on a thoroughfare or verge; or
(b) post any bill or paint, place or affix any advertisement on a thoroughfare or verge, or local
government property on the thoroughfare or verge.
3.3 Impounding of advertising signs
An authorised person may remove or impound an advertising sign or portable direction sign that is in
a thoroughfare or verge in contravention of this local law.
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PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS
Division 1—Animals and vehicles
4.1 Leaving animal or vehicle in public place or on local government property
(1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on
local government property so that it obstructs the use of any part of that public place or local
government property, unless that person has first obtained a permit or is authorised to do so under a
written law.
(2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not
exceeding 1 hour and is provided access to water at all times it is tethered.
(3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding
24 hours.
4.2 Prohibitions relating to animals
(1) In subclause (2), “owner” in relation to an animal includes—
(a) an owner of it;
(b) a person in possession of it;
(c) a person who has control of it; and
(d) a person who ordinarily occupies the premises where the animal is permitted to stay.
(2) An owner of an animal shall not—
(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the
thoroughfare as a thoroughfare and unless it is led, ridden or driven;
(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a
public place; or
(c) train or race the animal on a thoroughfare.
(3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare in a built-up area,
unless that person does so under a permit or under the authority of a written law.
Division 2—Shopping trolleys
4.3 Interpretation
In this Division—
retailer means a proprietor of a shop in respect of which shopping trolleys are provided for the
use of customers of the shop; and
shopping trolley means a wheeled container or receptacle supplied by a retailer to enable a
person to transport goods.
4.4 Shopping trolley to be marked
A retailer shall clearly mark its name or its trading name on any shopping trolley made available for
the use of customers.
4.5 Person not to have possession of or leave trolley in public place
(1) A person shall not, in a public place other than the retail premises car park, have in their
possession a trolley unless they have been authorised to do so by the retailer.
(2) A person shall not leave a shopping trolley in a public place other than in an area set aside for the
storage of shopping trolleys.
4.6 Abandoned trolley
If a shopping trolley is found discarded in a public place, other than in an area set aside for the
storage of shopping trolley, the local government may assume that the trolley has been abandoned.
4.7 Retailer to remove abandoned trolley
(1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of
shopping trolleys, the local government may advise (verbally or in writing) a retailer whose name is
marked on the trolley of the location of the shopping trolley.
(2) A retailer shall remove a shopping trolley within 24 hours of being so advised under subclause (1),
unless the retailer—
(a) requests the local government to collect and deliver the shopping trolley to the retailer; and
(b) pays any fee for that collection and delivery (imposed and determined under and in
accordance with sections 6.16 to 6.19 of the Act) within the period specified by the local
government.
4.8 Impounding of abandoned trolley
An authorised person may impound a shopping trolley where the retailer has failed to remove the
abandoned trolley as directed by the local government.
4.9 Retailer to be notified
The retailer shall be notified in writing prior to the disposal of the trolley.
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PART 5—TRADING IN THOROUGHFARES AND PUBLIC PLACES
Division 1—Stallholders and traders
Subdivision 1—Preliminary
5.1 Interpretation
In this Division, unless the context otherwise requires—
assistant means a person who carried out trading on behalf of the permit holder in accordance
with the permit issued to the permit holder;
Competition Principles Agreement means the Competition Principles Agreement executed by
each State and Territory of the Commonwealth and the Commonwealth of Australia on
11 April 1995;
public place includes—
(a) any thoroughfare or place which the public are allowed to use whether or not the
thoroughfare or place is on private property; and
(b) local government property,
but does not include premises on private property from which trading is lawfully conducted
under a written law;
stall means a movable or temporarily fixed structure, stand or table in, on or from which goods or
services are sold, hired or offered for sale or hire;
stallholder means a person in charge of a stall;
stallholder’s permit means a permit issued to a stallholder;
trader means a person who carries on trading;
trader’s permit means a permit issued to a trader; and
trading includes—
(a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods
or services in a public place;
(b) displaying goods in any public place for the purpose of—
i. offering them for sale or hire;
ii. inviting offers for their sale or hire;
iii. soliciting orders for them; or
iv. carrying out any other transaction in relation to them; and
(c) the going from place to place, whether or not public places, and—
i. offering goods or services for sale or hire;
ii. inviting offers or soliciting orders for the sale or the hire of goods or services,
iii. carrying out other transactions in relation to goods or services
but does not include—
(d) the delivery of pre-ordered goods or services to the purchaser of those goods or services or
to the person nominated by the purchaser of those goods or services whether or not
payment for those goods or services is accepted on delivery;
(e) the taking of further orders for goods or services from the purchaser of those pre-ordered
goods or services or from the person nominated by the purchaser of those pre-ordered
goods or services when those orders are taken at the same time as a previous order is
being delivered, whether or not payment is made for those goods or services at the time of
taking the order;
(f) the setting up of a stall or the conducting of a business at a stall under the authority of a
stallholder’s permit;
(g) the selling or the offering for sale of goods and services to, or the soliciting of orders for
goods and services from a person who sells those goods or services;
(h) the selling or the offering for sale or hire by a person of goods of her or his own
manufacture or services which he or she provides; and
(i) the selling or hiring or the offering for sale or hire of—
i. goods by a person who represents a manufacturer of the goods; or
ii. services by a person who represents a provider of the services,
which are only sold directly to consumers and not through a shop.
Subdivision 2—Permits
5.2 Stallholder’s permit
(1) A person shall not conduct a stall on a public place unless that person is—
(a) the holder of a valid stallholder’s permit; or
(b) an assistant specified in a valid stallholder’s permit.
(2) Every application for a stallholder’s permit shall—
(a) state the full name and address of the applicant;
27 September 2017 GOVERNMENT GAZETTE, WA 4971
(b) specify the proposed number of assistants to be engaged by the applicant in conducting the
stall, as well as their names and addresses if already engaged;
(c) specify the proposed location of the stall;
(d) specify the period of time for which the permit is sought, together with the proposed days and
hours of operation;
(e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the
stall; and
(f) be accompanied by an accurate plan and description of the proposed stall.
5.3 Trader’s permit
(1) A person shall not carry on trading unless that person is—
(a) the holder of a valid trader’s permit; or
(b) an assistant specified in a valid trader’s permit.
(2) Every application for a trader’s permit shall—
(a) state the full name and address of the applicant;
(b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading,
as well as their names and addresses if already engaged;
(c) specify the location or locations in which the applicant proposes to trade;
(d) specify the period of time for which the permit is sought, together with the proposed days and
hours of trading;
(e) specify the proposed goods or services which will be traded; and
(f) be accompanied by an accurate plan and description of any proposed structure or vehicle
which may be used by the applicant in trading.
5.4 No permit required to sell newspaper
Notwithstanding any other provision of this local law, a person who sells, or offers for sale, a
newspaper is not required to obtain a permit.
5.5 Relevant considerations in determining application for permit
(1) In determining an application for a permit for the purposes of this Division, the local government
is to have regard to—
(a) any relevant policies of the local government;
(b) the desirability of the proposed activity;
(c) the location of the proposed activity;
(d) the principles set out in the Competition Principles Agreement; and
(e) such other matters as the local government may consider to be relevant in the circumstances
of the case.
(2) The local government may refuse to approve an application for a permit under this Division on any
one or more of the following grounds—
(a) that the applicant has committed a breach of any provision of this local law or of any written
law relevant to the activity in respect of which the permit is sought;
(b) that the applicant is not a desirable or suitable person to hold a permit;
(c) that—
i. the applicant is an undischarged bankrupt or is in liquidation;
ii. the applicant has entered into any composition or arrangement with creditors; or
iii. a manager, an administrator, a trustee, a receiver, or a receiver and manager has been
appointed in relation to any part of the applicant’s undertakings or property;
(d) such other grounds as the local government may consider to be relevant in the circumstances
of the case.
5.6 Conditions of permit
(1) If the local government approves an application for a permit under this Division subject to
conditions, those conditions may include—
(a) the place, the part of the district, or the thoroughfare to which the permit applies;
(b) the days and hours during which a permit holder may conduct a stall or trade;
(c) the number, type, form and construction, as the case may be, of any stand, table, structure or
vehicle which may be used in conducting a stall or in trading;
(d) the goods or services in respect of which a permit holder may conduct a stall or trade;
(e) the number of persons and the names of persons permitted to conduct a stall or trade;
(f) the requirement for personal attendance at the stall or the place of trading by the permit
holder and the nomination of assistants, nominees or substitutes for the permit holder;
(g) whether and under what terms the permit is transferable;
(h) any prohibitions or restrictions concerning the—
i. causing or making of any noise or disturbance which is likely to be a nuisance to
persons in the vicinity of the permit holder;
4972 GOVERNMENT GAZETTE, WA 27 September 2017
ii. the use of amplifiers, sound equipment and sound instruments;
iii. the use of signs; and
iv. the use of any lighting apparatus or device;
(i) the manner in which the permit holder’s name and other details of a valid permit are to be
displayed;
(j) the care, maintenance and cleansing of the stall or any structure used for trading and the
place of the stall or any structure;
(k) the vacating of the place of a stall or trading when the stall is not being conducted or trading
is not being carried on;
(l) the acquisition by the stallholder or trader of public risk insurance;
(m) the period for which the permit is valid; and
(n) the designation of any place or places where trading is wholly or from time to time prohibited
by the local government.
(2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply
with this local law, the local government may at the request of that permit holder authorise another
person to be a nominee of the permit holder for a specified period, and this local law and the
conditions of the permit shall apply to the nominee as if he or she was the permit holder.
5.7 Exemptions from requirement to pay fee or to obtain a permit
(1) In this clause—
charitable organisation means an institution, association, club, society or body whether
incorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,
educational, recreational, sporting or other like nature and from which any member does not
receive any pecuniary profit except where the member is an employee or the profit is an
honorarium; and
commercial participant means any person who is involved in operating a stall or in conducting
any trading activity for personal gain or profit.
(2) The local government may waive any fee required to be paid by an applicant for a stallholder’s
permit or a trader’s permit on making an application for or on the issue of a permit, or may return
any such fee which has been paid, if the stall is conducted or the trading is carried on—
(a) on a portion of a public place adjoining the normal place of business of the applicant; or
(b) by a charitable organisation that does not sublet space to, or involve commercial participants
in the conduct of a stall or trading, and any assistants that may be specified in the permit are
members of that charitable organisation.
(3) The local government may exempt a person or a class of persons, whether or not in relation to a
specified public place, from the requirements of this Division.
Subdivision 3—Conduct of stallholders and traders
5.8 Conduct of stallholders and traders
(1) A stallholder while conducting a stall or a trader while trading shall—
(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary
structure or if there is no stall, vehicle or temporary structure, carry the permit with her or
him while conducting a stall or trading;
(b) not display a permit unless it is a valid permit; and
(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in
accordance with the provisions of the National Measurement Act 1960 (Cth).
(2) A stallholder or trader shall not—
(a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to
obstruct the movement of pedestrians or vehicles;
(b) act in an offensive manner;
(c) use or cause to be used any apparatus or device including any flap or shelf, whereby the
dimensions of a stall, vehicle or structure are increased beyond those specified in the permit;
or
(d) in the case of a trader, carry on trading from a public place, unless there is adequate parking
for customers’ vehicles within 100 metres of the place of trading.
Division 2—Outdoor eating facilities on public places
5.9 Interpretation
In this Division—
facility means an outdoor eating facility or establishment on any part of a public place, but does
not include such a facility or establishment on private land;
food business has the meaning given to it in section 10 of the Food Act 2008;
permit holder means the person to whom a permit has been issued for the purpose of clause
5.10; and
public place has the meaning given to it in clause 5.1.
27 September 2017 GOVERNMENT GAZETTE, WA 4973
5.10 Permit required to conduct facility
A Person shall not establish or conduct a facility without a permit.
5.11 Matters to be considered in determining application
In determining an application for a permit for the purpose of clause 5.10, the local government may
consider in addition to any other matter it considers relevant, whether or not—
(a) the facility is conducted in conjunction with and as an extension of food business which abut
on the facility, and whether the applicant is the person conducting such food business;
(b) any abutting food business are registered in accordance with the Food Act 2008 and whether
the use of the premises is permitted under the town planning scheme;
(c) the facility will comply with any local law made under the Act;
(d) users of the facility will have access to proper and sufficient sanitary and ablutionary
conveniences;
(e) the facility would—
i. obstruct the visibility or clear sight lines at an intersection of thoroughfares of any
person; or
ii. impede pedestrian access; and
(f) the tables, chairs and other equipment to be used may obstruct or impede the use of the
public place for the purpose for which it was designed.
5.12 Obligations of permit holder
(1) The permit holder for a facility shall—
(a) comply with the terms and conditions of the permit to establish and conduct the facility;
(b) ensure that the facility is conducted at all times in accordance with the provisions of this local
law and any local law made under the Act and the provisions of the Food Act 2008 and the
Food Regulations 2009;
(c) ensure that the eating area is kept in a clean and tidy condition at all times;
(d) maintain the chairs, tables and other structures in the eating area in a good, clean and
serviceable condition at all times; and
(e) on the expiration or cancellation of a permit to establish or conduct a facility, the permit
holder shall at her or his cost, reinstate or restore the public place on which the facility is
established or conducted, to a condition consistent with the condition prior to the
commencement or the facility and which is to the reasonable satisfaction of the local
government.
(2) Whenever, in the opinion of the local government, any work is required to be carried out to a
facility, the local government may give a notice to the permit holder for the facility to carry out that
work within the time limited by the notice.
(3) In subclause (2), “work” includes the removal, alteration, repair, reinstatement or reconstruction
of any part of a public place arising from or in connection with the setting up or conduct of a facility.
5.13 Removal of facility unlawfully conducted
Where a facility is conducted without a permit, or in contravention of a condition of a permit, any
tables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded
in accordance with the Act.
5.14 Use of facility by public
(1) A person shall not occupy a chair or otherwise use the equipment in a facility the subject of a
permit unless the person uses them for the purpose of consuming food or drinks provided by the
facility.
(2) A person shall leave a facility when requested to do so by the permit holder.
5.15 Temporary removal of facility may be requested
(1) The permit holder for a facility is to temporarily remove the facility when requested to do so on
reasonable grounds by an authorised person or a member of the Police Service or an emergency
service in the event of an emergency.
(2) The permit holder may replace the facility removed under subclause (1) as soon as the person who
directed her or him to remove it allows it to be replaced.
PART 6—PERMITS
Division 1—Applying for a permit
6.1 Application for permit
(1) Where a person is required to obtain a permit under this local law, that person shall apply for the
permit in accordance with subclause (2).
(2) An application for a permit under this local law shall—
(a) be in the form determined by the local government;
(b) be signed by the applicant;
(c) provide the information required by the form; and
(d) be forwarded to the CEO together with any fee imposed and detained by the local government
under and in accordance with sections 6.16 to 6.19 of the Act.
4974 GOVERNMENT GAZETTE, WA 27 September 2017
(3) The local government may require an applicant to provide additional information reasonably
related to an application before determining an application for a permit.
(4) The local government may require an applicant to give local public notice of the application for a
permit.
(5) The local government may refuse to consider an application for a permit which is not in accordance
with subclause (2).
6.2 Decision on application for permit
(1) The local government may—
(a) approve an application for a permit unconditionally or subject to any conditions; or
(b) refuse to approve an application for a permit.
(2) If the local government approves an application for a permit, it is to issue to the applicant a permit
in the form determined by the local government.
(3) If the local government refuses to approve an application for a permit, it is to give written notice of
that refusal to the applicant.
(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which
are to be taken to be imposed on a permit, the clause does not limit the power of the local government
to impose other conditions on the permit under subclause (1)(a).
(5) Where a clause of this local law refers to the grounds on which an application for a permit may be
or is to be refused, the clause does not limit the power of the local government to refuse the
application for a permit on other grounds under subclause (1)(b).
Division 2—Conditions
6.3 Conditions which may be imposed on a permit
The local government may approve an application for a permit subject to conditions relating to—
(a) the payment of a fee;
(b) the duration and commencement of the permit;
(c) the commencement of the permit being contingent on the happening of an event;
(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to
the application;
(e) the approval of another application for a permit which may be required by the local
government under any written law;
(f) the area of the district to which the permit applies;
(g) where a permit is issued for an activity which will or may cause damage to a public place, the
payment of a deposit or bond against such damage;
(h) the obtaining of public risk insurance in an amount and on terms reasonably required by the
local government; and
(i) the provision of an indemnity from the permit holder indemnifying the local government in
respect of any injury to any person or any damage to any property which may occur in
connection with the use of the public place by the permit holder.
6.4 Imposing conditions under a policy
(1) In this clause—
policy means a policy of the local government adopted by the Council containing conditions
subject to which an application for a permit may be approved under clause 6.2(1)(a).
(2) Under clause 6.2(1)(a) the local government may approve an application subject to conditions by
reference to a policy.
(3) The local government is to give a copy of the policy, or the part of the policy which is relevant to
the application for a permit, with the form of permit referred to in clause 6.2(2).
(4) An application for a permit is to be taken not to have been approved subject to the conditions
contained in a policy until the local government gives the permit holder a copy of the policy or the
part of the policy which is relevant to the application.
(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken
to be information within section 5.94(u)(i) of the Act.
6.5 Compliance with and variation of conditions
(1) Where an application for a permit has been approved subject to conditions, or where a permit is to
be taken to be subject to conditions under this local law, the permit holder shall comply with each of
those conditions.
(2) The local government may vary the conditions of a permit, and variation will be effective from the
point the written notice is issued to the permit holder.
Division 3—General
6.6 Duration of permit
A permit is valid for one year from the date on which it is issued, unless it is—
(a) otherwise stated in this local law or in the permit; or
(b) cancelled under clause 6.11.
27 September 2017 GOVERNMENT GAZETTE, WA 4975
6.7 Permits for outdoor facilities
Notwithstanding clause 6.6, a facility permit issued for the purposes of clause 5.10 will be valid from
the date of issue until 30 June.
6.8 Renewal of permit
(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the
renewal of the permit.
(2) The provisions of—
(a) this Part; and
(b) any other provision of this local law relevant to the permit which is to be renewed,
shall apply to an application for the renewal of a permit with all necessary changes as the context
requires.
6.9 Transfer of permit
(1) An application for the transfer of a valid permit is to—
(a) be made in writing;
(b) be signed by the permit holder and the proposed transferee of the permit;
(c) provide such information as the local government may require to enable the application to be
determined; and
(d) be forwarded to the CEO together with any fee imposed and determined by the local
government under and in accordance with sections 6.16 to 6.19 of the Act.
(2) The local government may approve an application for the transfer of a permit, refuse to approve it
or approve it subject to any conditions.
(3) Where the local government approves an application for the transfer of a permit, the transfer may
be effected by—
(a) an endorsement on the permit signed by an authorised person; or
(b) issuing to the transferee a permit in the form determined by the local government.
(4) Where the local government approves an application for the transfer of a permit, it is not required
to refund any part of any fee paid by the former permit holder.
6.10 Production of permit
A permit holder is to produce to an authorised person her or his permit immediately upon being
required to do so by that authorised person.
6.11 Cancellation of permit
(1) Subject to clause 7.1, a permit may be cancelled by the local government on any one or more of the
following grounds—
(a) the permit holder has not complied with a—
i. condition of the permit; or
ii. provision of any written law which may relate to the activity regulated by the permit;
or
(b) if it is relevant to the activity regulated by the permit—
i. the permit holder has become bankrupt, or gone into liquidation;
ii. the permit holder has entered into any composition or arrangement with creditors; or
iii. a manager, an administrator, a trustee, a receiver, or a receiver and manager is
appointed in relation to any part of the permit holder’s undertakings or property.
(2) On the cancellation of a permit the permit holder—
(a) shall return the permit as soon as practicable to the local government; and
(b) is to be taken to have forfeited any fees paid in respect of the permit.
PART 7—OBJECTIONS AND APPEALS
7.1 Application of Part 9 Division 1 of Act
When the local government makes a decision—
(a) under clause 6.2(1); or
(b) as to whether it will renew, vary, or cancel a permit,
the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that
decision.
PART 8—MISCELLANEOUS NOTICES
8.1 Notice to redirect or repair sprinkler
Where a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a
manner which causes or may cause an inconvenience or obstruction to any person using a
thoroughfare, the local government may give a notice to the owner or the occupier of the land abutting
on the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of
the sprinkler or other watering equipment.
4976 GOVERNMENT GAZETTE, WA 27 September 2017
8.2 Hazardous plants
(1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the
local government may give a notice to the owner or the occupier of the land abutting on the garden to
remove, cut, move or otherwise deal with that plant so as to remove the hazard.
(2) Subclause (1) does not apply where the plant was planted by the local government.
8.3 Notice to repair damage to thoroughfare
Where any portion of a thoroughfare has been damaged, the local government may by notice to the
person who caused the damage order the person to repair or replace that portion of the thoroughfare
to the satisfaction of the local government.
8.4 Notice to remove thing unlawfully placed on thoroughfare
Where anything is placed on a thoroughfare in contravention of this local law, the local government
may by notice in writing to the owner or the occupier of the property which abuts on that portion of
the thoroughfare where the thing has been placed, or such other person who may be responsible for
the thing being so placed, require the relevant person to remove the thing.
PART 9—ENFORCEMENT
Division 1—Notices given under this local law
9.1 Offence to fail to comply with notice
Whenever the local government gives a notice under this local law requiring a person to do anything,
if the person fails to comply with the notice, the person commits an offence.
9.2 Local government may undertake requirements of notice
Where a person fails to comply with a notice referred to in clause 9.1, the local government may do
the thing specified in the notice and recover from that person, as a debt, the costs incurred in so
doing.
Division 2—Offences and penalties
Subdivision 1—General
9.3 Offences
(1) Any person who fails to do anything required or directed to be done under this local law, or who
does anything which under this local law that person is prohibited from doing, commits an offence.
(2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not
exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding
$500 for each day or part of a day during which the offence has continued.
Subdivision 2—Infringement notices and modified penalties
9.4 Prescribed offences
(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of
section 9.16(1) of the Act.
(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause
in Schedule 1.
9.5 Forms
Unless otherwise specified, for the purposes of this local law—
(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to
in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;
(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in
Schedule 1 of the Regulations; and
(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of
the Regulations.
————
SCHEDULE 1—PRESCRIBED OFFENCES
(Clause 9.4(2))
Item Clause Description Modified
Penalty $
1 2.1 (a) Plant (except grass or similar plant) on thoroughfare within 10m
of intersection
150
2 2.1 (b) Damaging lawn or garden 150
3 2.1 (c) Plant (except grass) on thoroughfare within 2m of carriageway 150
4 2.1 (d) Placing hazardous substance on footpath 150
27 September 2017 GOVERNMENT GAZETTE, WA 4977
Item Clause Description Modified
Penalty $
5 2.1 (e) Damaging or interfering with signpost or structure on
thoroughfare
350
6 2.1 (f) Playing games so as to impede vehicles or persons on thoroughfare 150
7 2.1 (g) Riding of skateboard or similar device on mall or verandah of
shopping centre
150
8 2.1 (h) Driving on a verge without permission 150
9 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 150
10 2.2(1)(b) Throwing or placing anything on a verge without a permit 200
11 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a
permit
150
12 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a
permit
300
13 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a
permit
300
14 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350
15 2.2(1)(h) Felling tree onto thoroughfare without a permit 200
16 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 200
17 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over
a thoroughfare without a permit
350
18 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 200
19 2.2(1)(1) Placing a bulk rubbish container on a thoroughfare without a
permit
200
20 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 200
21 2.3(1) Consumption or possession of liquor on thoroughfare 125
22 2.4(1) Failure to obtain permit for temporary crossing 250
23 2.5(2) Failure to comply with notice to remove crossing and reinstate
kerb
350
24 2.9(1) Installation of verge treatment other than permissible verge
treatment
250
25 2.10 Failure to maintain permissible verge treatment or placement of
obstruction on verge
200
26 2.11 Failure to comply with notice to rectify default 200
27 2.17(2) Failure to comply with sign on public place 150
28 2.19(1) Driving or taking a vehicle on a closed thoroughfare 350
29 3.2(a) Placing advertising sign or erecting any advertisement on a
thoroughfare or verge without a permit
150
30 3.2(b) Posting a bill or paint, place, or affix any advertisement to a
thoroughfare, verge, or local government property on a verge
without a permit
150
31 4.1(1) Animal or vehicle obstructing a public place or local government
property
150
32 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 150
33 4.2(2)(b) Animal on public place with infectious disease 150
34 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 150
35 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 150
36 4.5 Person leaving shopping trolley in public place other than trolley
bay
150
37 5.2(1) Conducting of stall in public place without a permit 350
38 5.3(1) Trading without a permit 350
39 5.8(1)(a) Failure of stallholder or trader to display or carry permit 150
40 5.8(1)(b) Stallholder or trader not displaying valid permit 150
41 5.8(1)(c) Stallholder or trader not carrying certified scales when selling
goods by weight
150
42 5.8(2) Stallholder or trader engaged in prohibited conduct 150
43 5.10 Establishment or conduct of outdoor eating facility without a
permit
350
44 5.12 Failure of permit holder of outdoor eating facility to comply with
obligations
150
4978 GOVERNMENT GAZETTE, WA 27 September 2017
Item Clause Description Modified
Penalty $
45 5.14(1) Use of equipment of outdoor eating facility without purchase of
food or drink from facility
60
46 5.14(2) Failure to leave outdoor eating facility when requested to do so by
permit holder
60
47 6.5 Failure to comply with a condition of a permit 150
48 6.10 Failure to produce permit on request of authorised person 150
49 9.1 Failure to comply with notice given under local law 150
————
SCHEDULE 2—ACCEPTABLE MATERIAL
(Clause 2.6)
General
(1) All forms of loose aggregate materials such as pebbles, stones, crushed brick and gravel are
acceptable.
(2) The materials shall be no larger than 50mm and no smaller than 20mm in diameter. The material
must be contained within the verge area at all times.
Paving
(1) Paving is to consist of porous pavers or similar material is to be installed in a manner that can
easily be removed to access underground services or install a street tree.
(2) Up to 100% of the verge may be paved.
(3) In situations where it is found by the City that 100% paving of the verge is causing flooding the
City shall require the area of paving to be reduced.
————
Dated this 6th day of September 2017.
The Common Seal of the City of Karratha was affixed by authority of a resolution of the Council in
the presence of—
P. LONG, Mayor.
C. ADAMS, Chief Executive Officer.
———————————
27 September 2017 GOVERNMENT GAZETTE, WA 4979
LOCAL GOVERNMENT ACT 1995
CITY OF KARRATHA
REPEAL LOCAL LAW 2017
Under the powers conferred by the Local Government Act 1995 and all other powers enabling it, the
Council of the City of Karratha has resolved on 17 July 2017 to make the following local law.
Citation
This local law is the City of Karratha Repeal Local Law 2017.
Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
Repeal
The following local laws are repealed—
(a) Shire of Roebourne Bee Keeping Local Law, as published in the Government Gazette on
16 June 2003;
(b) Shire of Roebourne Signs, Hoarding and Bill Posting By-Law, as published in the
Government Gazette on 6 September 1991, and as amended in the Government Gazette on
28 October 1994; and
(c) Shire of Roebourne Tidepole Island Local Law, as published in the Government Gazette on
4 December 2007.
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Dated this 6th day of September 2017.
The Common Seal of the City of Karratha was affixed by authority of a resolution of the Council in
the presence of—
P. LONG, Mayor.
C. ADAMS, Chief Executive Officer.
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