Part 11ALFRESCO DINING ON OR IN LOCAL GOVERNMENT PROPERTY OR PUBLIC

PART 11—ALFRESCO DINING ON OR IN LOCAL GOVERNMENT PROPERTY OR PUBLIC PLACES 11.1 Permit required for alfresco dining area 11.2 Matters to be considered in determining an application 11.3 Obligations of a permit holder for an alfresco dining area 11.4 Conditions on an alfresco dining area 11.5 No smoking areas 11.6 Removal of an unlawfully conducted alfresco dining area 11.7 Temporary removal of an alfresco dining area 11.8 Change of ownership of an alfresco dining area 11.9 Terms and validity of an alfresco dining permit

2664 GOVERNMENT GAZETTE, WA 26 May 2017 PART 12—PERMITS Division 1—Applying for a permit 12.1 Application for a permit 12.2 Decision on application for permit 12.3 Relevant considerations in determining application for granting a permit Division 2—Conditions on a permit 12.4 Examples of conditions 12.5 Compliance with and variations to terms and conditions Division 3—General 12.6 Duration of permit 12.7 Renewal of permit 12.8 Transfer of permit 12.9 Production of permit 12.10 Cancellation or suspension of permit 12.11 Nominee of permit holder PART 13—OBJECTIONS AND APPEALS 13.1 Objection and appeal rights PART 14—MISCELLANEOUS Division 1—Authorised person 14.1 Authorised person to be obeyed 14.2 Persons may be directed to leave local government property or a public place Division 2—Notices 14.3 Liability for damage to local government property or a public place 14.4 Notice to redirect or repair sprinklers 14.5 Notice to remove thing unlawfully placed on thoroughfare 14.6 Notice to repair damage to thoroughfare 14.7 Hazardous plants Division 3—Lost property 14.8 Lost property and unclaimed property in a locker PART 15—ENFORCEMENT Division 1—Notices given under this local law 15.1 Offence to fail to comply with a notice 15.2 Local government may undertake requirements of a notice Division 2—Offences and penalties 15.3 Offences and general penalty 15.4 Prescribed offences 15.5 Form of notices Division 3—Person to give name and address on demand 15.6 Requirement to give name and address on demand

26 May 2017 GOVERNMENT GAZETTE, WA 2665 LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES LOCAL LAW 2016 Under the power conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Mandurah resolved on 9 May 2017 to make the following local law. PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the City of Mandurah Local Government Property and Public Places Local Law 2016. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Application (1) This local law applies throughout the district. (2) Part 5, Division 2 of this local law applies to— (a) rivers, water courses, tidal and non-tidal waters, in or outside but adjoining the district; and (b) without limiting the generality of clause 1.3(2)(a), in the sea adjoining the district for a distance of 200 metres seaward from the low water mark at ordinary spring tides. 1.4 Repeal The following local laws are repealed— (a) Divisions 1, 2, 3 and 4 of Part III, Part IV, Division 1 of Part V, Part XIII, Part XV and Part XIX of the City of Mandurah Consolidated Local Laws published in the Government Gazette of 13 February 1998; and (b) Part XII and Part XIV of the City of Mandurah Consolidated Local Laws published in the Government Gazette of 6 December 2000. 1.5 Definitions In this local law, unless the context otherwise requires— Act means the Local Government Act 1995 (WA); advertising sign means a sign or advertisement used for the purposes of advertising or drawing attention to a product, business, person or event and includes election advertising and portable signs; alfresco dining area means an area in which tables, chairs and other temporary structures are provided for the purpose of the supply of food or beverages or both by the public or the consumption of food or beverages or both by the public; animal means any animal other than a dog; AS or AS/NZS means an Australian or New Zealand Standard as published by Standards Australia and amended from time to time; authorised person means a person appointed 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; attendant means an employee of the local government with responsibility for the control and management of persons in a public swimming pool or recreation facility which is local bathing appliance means a float of any material, including surf skis, surf boards, sea kayaks, kickboards, Malibu boards, paddle boards, body boards, boats or any other device whether motorised or not, used or capable of being used for bathing or surf riding but does not include a boat or personal watercraft;