170GOVERNMENT GAZETTE, WA 12 January 2018

170 GOVERNMENT GAZETTE, WA 12 January 2018 (f) not water or maintain a verge treatment in such a manner as to cause a nuisance or hazard to any person using the adjacent footpath, accessway or thoroughfare; (g) not extend the verge treatment beyond the verge immediately adjacent to the property owned or occupied, without the written approval of the owner of the adjoining property, immediately adjacent to the verge to be treated; and (h) ensure that any sprinklers or pipes installed to irrigate a verge treatment— (i) do not protrude above the level of the lawn when not in use; (ii) are not used at such times as to cause unreasonable inconvenience to pedestrians or other persons; or (iii) do not otherwise present a hazard to pedestrians or other persons. 9.5 Enforcement The local government may give notice in writing requiring the adjacent owner or occupier of any land to make good, or to remove all or any part of a verge treatment that does not comply with the local government’s permissible verge treatment specifications, within the time period specified in the notice. 9.6 Power to carry out public works on a verge Where the local government or an authority empowered to do so under a written law disturbs, digs up or carries out any works in a verge which has a permissible verge treatment, then the local government or the authority must use its best endeavours to— (a) replace and restore any reticulation, pipes or sprinklers; and (b) back fill with sand any garden or lawn, but otherwise is not be liable to replace or restore any— (i) verge treatment and, in particular, any plant, or any other acceptable material or other hard surface; or (ii) sprinklers, pipes or other reticulation. Division 3—Existing verge treatments 9.7 Transitional provision 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permitted certain types of verge treatments, whether with or without the consent of the local government, and which was repealed by this local law.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. Division 4—Vehicle Crossings 9.8 Vehicle crossing treatment The owner or occupier of land adjacent to a thoroughfare may only install or have installed a vehicle crossing in front of such land which is a permissible vehicle crossing treatment. 9.9 Vehicle crossings The owner or occupier of land adjacent to a thoroughfare may install a vehicle crossing in accordance with the local government’s vehicle crossing specifications, as varied from time to time. 9.10 Contribution towards construction of a vehicle crossing For the purpose of determining the local government’s contribution towards the construction of a vehicle crossing as stipulated in Local Government (Uniform Local Provisions) Regulations 1996, the minimum requirements for a vehicle crossing for a residential area must be used to determine the contribution for construction of a vehicle crossing. 9.11 Temporary vehicle crossings (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 must 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 or Local Government (Miscellaneous Provisions) Act 1960, if one has been issued in relation to the works; or