Local Government (Uniform Local Provisions) Regulations 1996
Reprinted under the Reprints Act 1984 as
at 24 May 2013
Western Australia
Local Government (Uniform Local Provisions) Regulations 1996
Contents
Citation 1
Commencement 1
These regulations operate as local laws 1
Terms used 1
5A. Notes not part of regulations 2
Interfering with, or taking from, local government land 2
Obstruction of public thoroughfare by things placed and left — Sch. 9.1 cl. 3(1)(a) 3
7A. Obstruction of public thoroughfare by fallen things — Sch. 9.1 cl. 3(1)(b) 6
Encroaching on public thoroughfare — Sch. 9.1 cl. 3(2) 6
Separating land from public thoroughfare — Sch. 9.1 cl. 4 7
Permission to have gate across public thoroughfare — Sch. 9.1 cl. 5(1) 7
Gate across thoroughfare not to be left open — Sch. 9.1 cl. 5(2) 9
Dangerous excavation in or near public thoroughfare — Sch. 9.1 cl. 6 9
Crossing from public thoroughfare to private land or private thoroughfare — Sch. 9.1 cl. 7(2) 12
Requirement to construct or repair crossing — Sch. 9.1 cl. 7(3) 13
Role of Commissioner of Main Roads in some cases — Sch. 9.1 cl. 7(2) 13
Contribution to cost of crossing — Sch. 9.1 cl. 7(4) 14
Private works on, over, or under public places — Sch. 9.1 cl. 8 15
Protection of watercourses, drains, tunnels and bridges — Sch. 9.1 cl. 9 18
Protection of thoroughfares from water damage — Sch. 9.1 cl. 10 18
Works required for supply of gas or water — Sch. 9.1 cl. 11 19
Wind erosion and sand drifts — Sch. 9.1 cl. 12 20
Persons with lawful authority under other written laws to notify local government of proposed action 20
Objections and review 21
Section 1 - Local Government (Uniform Local Provisions) Regulations 1996 - Local Government (Uniform Local Provisions) Regulations 1996 | Zoe
Infringement notice offences 22
Transitional and savings provisions 22
Schedule 1 — Infringement notice offences and modified penalties
Notes
Compilation table 27
Defined terms
Crest Reprinted under the Reprints Act 1984 as
at 24 May 2013
Western Australia
Local Government Act 1995
Local Government (Uniform Local Provisions) Regulations 1996
1. Citation
These regulations may be cited as the Local Government (Uniform Local Provisions) Regulations 1996 1.
2. Commencement
These regulations come into operation on 1 July 1996.
3. These regulations operate as local laws
Under section 9.60 of the Act, these regulations apply as if they were local laws made by each local government.
4. Terms used
In these regulations, unless the contrary intention appears —
goods has the meaning that it has in section 3.38 of the Act;
Government road means —
(a) a road declared by Order in Council under the Public Works Act 1902 section 86(2) to be a Government road; or
(b) a highway or main road as those terms are defined in the Main Roads Act 1930 section 6;
lawful authority, in relation to the doing of a thing, means —
(a) the authority under a provision of a written law to do the thing; or
(b) an authorisation, approval, licence, permit or other right, granted by the local government or any other person, under another written law, to do the thing; or
(c) if neither paragraph (a) nor (b) applies, the written permission of the local government to do the thing;
local government in relation to land, a public thoroughfare, a public place or local government property, means the local government in whose district the land, thoroughfare, place or property is located;
specified, in relation to an application for a local government’s permission, means specified in the application.
[Regulation 4 inserted: Gazette 1 Feb 2013 p. 418-19.]
5A. Notes not part of regulations
Notes in these regulations are provided to assist understanding and do not form part of the regulations.
[Regulation 5A inserted: Gazette 1 Feb 2013 p. 419.]
5. Interfering with, or taking from, local government land
(1) A person must not, without lawful authority —
(a) interfere with the soil of, or anything on, land that is local government property; or
(b) take anything from land that is local government property.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.
(2) A local government may, by written notice served on a person who is carrying out plastering, painting or decorating operations (the work) over or near a footpath on land that is local government property, require the person to cover the footpath during the period specified in the notice so as to —
(a) prevent damage to the footpath; or
(b) prevent inconvenience to the public or danger from falling materials.
(3) A person given a notice under subregulation (2) must not continue to do the work in respect of which the notice was given unless the person complies with the notice.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.
[Regulation 5 inserted: Gazette 1 Feb 2013 p. 419-20.]
6. Obstruction of public thoroughfare by things placed and left — Sch. 9.1 cl. 3(1)(a)
(1) A person must not, without lawful authority, place on a public thoroughfare anything that obstructs it.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the obstruction continues.
(2) A person may apply to the local government for permission to place on a specified part of public thoroughfare one or more specified things that may obstruct the public thoroughfare.
(3) Permission granted by the local government under this regulation —
(a) must be in writing; and
(b) must specify the period for which it is granted; and
(c) must specify each condition imposed under subregulation (4); and
(d) may be renewed from time to time; and
(e) may be cancelled by giving written notice to the person to whom the permission was granted.
(4) The local government may impose such conditions as it thinks fit on granting permission under this regulation including, but not limited to, any of the following —
(a) conditions relating to the erection of hoardings, fences, walkways or other structures for the protection of the public thoroughfare or public safety (protective structures);
(b) conditions about the placement of things in the public thoroughfare including conditions about the depositing of building materials or waste, or storage or other facilities in the public thoroughfare;
(c) a condition imposing a charge for any damage to the public thoroughfare resulting from the placement of a thing on the public thoroughfare;
(d) a condition requiring the applicant to deposit with the local government a sum sufficient in the opinion of the CEO of the local government to cover the cost of repairing damage to the public thoroughfare resulting from the placement of a thing or a protective structure, on the basis that the local government may retain from that sum the amount required for the cost of repairs by the local government if the damage is not made good by the applicant.
(5) It is a condition of the permission granted under this regulation that —
(a) placed things and protective structures are sufficiently illuminated every night from sunset to sunrise to prevent mishaps; and
(b) protective structures are kept and maintained in good condition, to the satisfaction of the CEO of the local government, during such time as the CEO thinks necessary for the public safety and convenience; and
(c) placed things or protective structures are removed within a reasonable time after the person granted the permission is required in writing to do so by the local government; and
(d) damage to the public thoroughfare resulting from the placement of a thing or a protective structure is repaired to the satisfaction of the CEO of the local government within a reasonable time after the person granted the permission is required in writing to do so by the local government.
(6) The local government may, when renewing permission granted under this regulation or at any other time, vary any condition imposed by it under subregulation (4) and the variation takes effect when written notice of it is given to the person to whom the permission was granted.
(7) A person granted permission under this regulation must comply with each condition of the permission.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.
(8) The local government may charge a person granted permission under this regulation a fee of not more than $1.00 for each month or part of a month for each m2 of public thoroughfare that is enclosed by a hoarding or fence in accordance with the permission.
(9) For the purposes of section 3.37 of the Act, a contravention of subregulation (1) or (7) is a contravention that can lead to impounding of goods comprising a placed and left thing or structure.
Note for this regulation:
This regulation is of a kind prescribed in the Local Government Act 1995 Schedule 3.1 Division 2 item 1. This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.
[Regulation 6 inserted: Gazette 1 Feb 2013 p. 420-3.]
7A. Obstruction of public thoroughfare by fallen things — Sch. 9.1 cl. 3(1)(b)
A person who is the owner or occupier of land must, when requested by the local government to do so, remove any thing that —
(a) has fallen from the land, or from anything on the land; and
(b) is obstructing a public thoroughfare.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.
Note for this regulation:
This regulation is of a kind prescribed in the Local Government Act 1995 Schedule 3.1 Division 2 item 1. This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.
[Regulation 7A inserted: Gazette 1 Feb 2013 p. 423.]
7. Encroaching on public thoroughfare — Sch. 9.1 cl. 3(2)
A person who is the owner or occupier of land on which a structure is erected or a tree or other plant is growing must, when requested by the local government to do so, remove any part of the structure, tree or plant that is encroaching, without lawful authority, on a public thoroughfare.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.
Note for this regulation:
This regulation is of a kind prescribed in the Local Government Act 1995 Schedule 3.1 Division 2 item 1. This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.
See also Schedule 3.1 Division 1 items 7, 8, and 9 which may allow a similar notice relating to vegetation to be given even when no offence has been committed.
Schedule 3.2, item 7, could also be relevant.
[Regulation 7 inserted: Gazette 1 Feb 2013 p. 423-4.]
8. Separating land from public thoroughfare — Sch. 9.1 cl. 4
A person who is the owner or occupier of land must keep in good repair any fence or gate that separates the land from a public thoroughfare.
Penalty: a fine of $5 000.
Note for this regulation:
See also the Local Government Act 1995 Schedule 3.1 Division 1 item 4, which, for related reasons, allows a person to be given a notice under section 3.25(1)(a) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the person.
[Regulation 8 inserted: Gazette 1 Feb 2013 p. 424.]
9. Permission to have gate across public thoroughfare — Sch. 9.1 cl. 5(1)
(1) A person may apply to the local government for permission to have across a public thoroughfare under the control or management of the local government a gate or other device that enables motor traffic to pass across the public thoroughfare and prevents livestock from straying.
(2) The local government may, before dealing with the application, require the applicant to publish notice of the application in such manner as the local government thinks fit.
(3) Permission granted by the local government under this regulation —
(a) must be in writing; and
(b) must specify the period for which it is granted; and
(c) must specify each condition imposed under subregulation (4); and
(d) may be renewed from time to time; and
(e) may be cancelled by giving written notice to the person to whom the permission was granted.
(4) The local government may impose such conditions as it thinks fit on granting permission under this regulation including, but not limited to, conditions on the construction, placement and maintenance of the gate or other device across the public thoroughfare.
(5) The local government may, when renewing permission granted under this regulation or at any other time, vary any condition imposed by it under subregulation (4) and the variation takes effect when written notice of it is given to the person to whom the permission was granted.
(6) The local government may at any time, by written notice given to the person to whom permission was granted under this regulation, cancel the permission and request the person responsible for the gate or other device to remove it within a time specified in the request.
(7) A person to whom a request is made under subregulation (6) must comply with the request.
Penalty: a fine of $5 000.
(8) A local government must keep a register of gates and other devices constructed in accordance with a permission granted under this regulation.
Note for this regulation:
This regulation is of a kind prescribed in the Local Government Act 1995 Schedule 3.1 Division 2 item 1A. This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.
[Regulation 9 amended: Gazette 1 Feb 2013 p. 425-6.]
10. Gate across thoroughfare not to be left open — Sch. 9.1 cl. 5(2)
A person who is responsible for a gate registered under regulation 9(8) must ensure that the gate is not left open.
Penalty: a fine of $1 000.
[Regulation 10 inserted: Gazette 1 Feb 2013 p. 426.]
11. Dangerous excavation in or near public thoroughfare — Sch. 9.1 cl. 6
(1) If there is, in a public thoroughfare or land adjoining a public thoroughfare, an excavation that the local government considers to be dangerous, the local government may —
(a) fill in or fence the excavation; or
(b) in writing request the owner or occupier of the land to fill in or securely fence the excavation.
(2) A person to whom a request is made under subregulation (1)(b) must comply with the request.
Penalty: a fine of $5 000.
(3) A person must not, without lawful authority, make or make and leave an excavation in a public thoroughfare or land adjoining a public thoroughfare.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.
(4) A person may apply to the local government for permission to make or make and leave an excavation of specified dimensions and in a specified way in a specified part of a public thoroughfare or on a specified part of land adjoining a public thoroughfare.
(5) Permission granted by the local government under this regulation —
(a) must be in writing; and
(b) must specify the period for which it is granted; and
(c) must specify each condition imposed under subregulation (6); and
(d) may be renewed from time to time; and
(e) may be cancelled by giving written notice to the person to whom the permission was granted.
(6) The local government may impose such conditions as it thinks fit on granting permission under this regulation including, but not limited to, any of the following —
(a) conditions relating to the erection of hoardings, fences, walkways or other structures for the protection of the public thoroughfare, adjoining land or public safety (protective structures);
(b) a condition imposing a charge for any damage to the public thoroughfare or adjoining land resulting from the excavation;
(c) a condition requiring the applicant to deposit with the local government a sum sufficient in the opinion of the CEO of the local government to cover the cost of repairing damage to the public thoroughfare or adjoining land resulting from the excavation or a protective structure, on the basis that the local government may retain from that sum the amount required for the cost of repairs by the local government if the damage is not made good by the applicant.
(7) It is a condition of the permission granted under this regulation that —
(a) the excavation is securely fenced off from the public thoroughfare or adjoining land; and
(b) protective structures are sufficiently illuminated every night from sunset to sunrise to prevent mishaps; and
(c) protective structures are kept and maintained in good condition, to the satisfaction of the CEO of the local government, during such time as the CEO thinks necessary for the public safety and convenience; and
(d) the excavation is filled in or protective structures are removed within a reasonable time after the person granted the permission is required in writing to do so by the local government; and
(e) damage to the public thoroughfare or adjoining land resulting from the excavation or a protective structure is repaired to the satisfaction of the CEO of the local government within a reasonable time after the person granted the permission is required in writing to do so by the local government.
(8) The local government may, when renewing permission granted under this regulation or at any other time, vary any condition imposed by it under subregulation (6) and the variation takes effect when written notice of it is given to the person to whom the permission was granted.
(9) A person granted permission under this regulation must comply with each condition of the permission.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.
(10) The local government may charge a person granted permission under this regulation a fee of not more than $1.00 for each month or part of a month for each m2 of public thoroughfare that is enclosed by a hoarding or fence in accordance with the permission.
(11) For the purposes of section 3.37 of the Act, a contravention of subregulation (3) or (9) is a contravention that can lead to impounding of goods comprising a protective structure or other thing placed in or near the excavation.
Note for this regulation:
This regulation is of a kind prescribed in the Local Government Act 1995 Schedule 3.1 Division 2 item 2. This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.
[Regulation 11 amended: Gazette 1 Feb 2013 p. 426-9.]
12. Crossing from public thoroughfare to private land or private thoroughfare — Sch. 9.1 cl. 7(2)
(1) Upon the application of the sole owner, or a majority of the owners, of private land the local government may, in writing and subject to regulation 14(2) —
(a) approve the construction, under the supervision of, and to the satisfaction of, the local government, of a crossing giving access from a public thoroughfare to —
(i) the land; or
(ii) a private thoroughfare serving the land;
or
(b) agree to construct for the applicant a crossing giving access from a public thoroughfare to —
(i) the land; or
(ii) a private thoroughfare serving the land.
(2) A person is not to construct a crossing for vehicles from a public thoroughfare that is a Government road to —
(a) land on which premises have been or are about to be constructed; or
(b) a private thoroughfare serving the land,
unless the construction of the crossing has been approved by the local government under subregulation (1) and the crossing is constructed in accordance with the approval.
Penalty: a fine of $5 000.
Note for this regulation:
This regulation is of a kind prescribed in the Local Government Act 1995 Schedule 3.1 Division 2 item 2A(a). This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.
[Regulation 12 amended: Gazette 1 Feb 2013 p. 429-30.]
13. Requirement to construct or repair crossing — Sch. 9.1 cl. 7(3)
(1) A local government may, subject to regulation 14(2), give a person who is the owner or occupier of private land a notice in writing requiring the person to construct or repair a crossing from a public thoroughfare to the land or a private thoroughfare serving the land.
(2) If the person fails to comply with the notice, the local government may construct or repair the crossing as the notice required and recover 50% of the cost of doing so as a debt due from the person.
(3) A person given a notice under subregulation (1) must comply with the notice.
Penalty: a fine of $5 000.
[Regulation 13 amended: Gazette 1 Feb 2013 p. 430.]
14. Role of Commissioner of Main Roads in some cases — Sch. 9.1 cl. 7(2)
(1) This regulation applies to a crossing for vehicles from a public thoroughfare that is a Government road to —
(a) land on which premises have been or are about to be constructed; or
(b) a private thoroughfare serving the land.
(2) A local government cannot —
(a) under regulation 12 construct or approve the construction of; or
(b) under regulation 13(1) require the construction of,
a crossing to which this regulation applies unless the local government has consulted with the Commissioner and the Commissioner has approved in writing the construction of the crossing.
(3) If a person —
(a) constructs a crossing to which this regulation applies other than in accordance with approval given by the Commissioner under this regulation; or
(b) modifies a crossing to which this regulation applies in such a way that it is not in accordance with approval given by the Commissioner under this regulation,
the Commissioner may, by notice in writing, require the person to bring the crossing into accordance with the approval, if approval was given, or remove the crossing and restore the place where the crossing was to its former condition.
(4) If the person fails to comply with the notice, the Commissioner may do anything required by the notice to be done and recover the cost of doing it as a debt due from the person.
(5) A person given a notice under subregulation (3) must comply with the notice.
Penalty: a fine of $5 000.
[(6) deleted]
(7) In this regulation —
Commissioner means the Commissioner of Main Roads.
Note for this regulation:
This regulation is of a kind prescribed in the Local Government Act 1995 Schedule 3.1 Division 2 item 2A(b). This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.
[Regulation 14 amended: Gazette 1 Feb 2013 p. 430-1.]
15. Contribution to cost of crossing — Sch. 9.1 cl. 7(4)
(1) Where —
(a) a local government —
(i) under regulation 12 constructs or approves the construction of; or
(ii) under regulation 13(1) requires the construction of,
a crossing giving access from a public thoroughfare to private land or a private thoroughfare serving the land; and
(b) the crossing is the first crossing in respect of the land; and
(c) the crossing is a standard crossing or is of a type that is superior to a standard crossing,
the local government is obliged to bear 50% of the cost, as estimated by the local government, of a standard crossing, but otherwise the local government is not obliged to bear, nor prevented from bearing, any of the cost.
(2) In subregulation (1) —
first crossing, in respect of land, means the first crossing to the land or a private thoroughfare serving the land constructed under regulation 12 or section 358 2 of the Local Government Act 1960 3 as in force at any time before 1 July 1996;
standard crossing means, subject to any local law as to what is or is not a standard crossing, a crossing of a kind that the local government, by resolution, decides is a standard crossing.
[16. Deleted: Gazette 1 Feb 2013 p. 431.]
17. Private works on, over, or under public places — Sch. 9.1 cl. 8
(1) A person must not, without lawful authority, construct anything on, over, or under a public thoroughfare or other public place that is local government property.
Penalty: a fine of $5 000.
(2) Subregulation (1) does not apply to the construction of things by or on behalf of the Crown.
(3) A person may apply to the local government for permission to construct a specified thing on, over, or under a specified public thoroughfare or public place that is local government property.
(4) Permission granted by the local government under this regulation —
(a) must be in writing; and
(b) must specify the period for which it is granted; and
(c) must specify each condition imposed under subregulation (5); and
(d) may be renewed from time to time; and
(e) may be cancelled by giving written notice to the person to whom the permission was granted.
(5) The local government may impose such conditions as it thinks fit on granting permission under this regulation including, but not limited to, any of the following —
(a) a condition imposing a charge for any damage to the public thoroughfare or public place resulting from the construction;
(b) a condition requiring the applicant to deposit with the local government a sum sufficient in the opinion of the CEO of the local government to cover the cost of repairing damage to the public thoroughfare or public place resulting from the construction, on the basis that the local government may retain from that sum the amount required for the cost of repairs by the local government if the damage is not made good by the applicant.
(6) It is a condition of the permission granted under this regulation that —
(a) the ordinary and reasonable use of the public thoroughfare or public place for the purpose to which it is dedicated is not to be permanently or unreasonably obstructed; and
(b) the person carrying out the construction work ensures that a footpath of a public thoroughfare or other public place that is local government property is covered during the period specified in writing by the local government so as to —
(i) prevent damage to the footpath; or
(ii) prevent inconvenience to the public or danger from falling materials;
and
(c) damage to the public thoroughfare or public place resulting from the construction is repaired to the satisfaction of the CEO of the local government.
(7) A person granted permission under this regulation must comply with each condition of the permission.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.
(8) A person who constructs anything in accordance with permission granted under this regulation must —
(a) maintain it; and
(b) obtain from an insurance company approved by the local government an insurance policy, in the joint names of the local government and the person, indemnifying the local government against any claim for damages which may arise in, or out of, its construction, maintenance or use.
Penalty: a fine of $5 000.
(9) For the purposes of section 3.37 of the Act, a contravention of subregulation (1) or (7) is a contravention that can lead to impounding of goods comprising a thing constructed on, over, or under a public thoroughfare or other public place that is local government property.
Note for this regulation:
This regulation is of the kind prescribed in the Local Government Act 1995 Schedule 3.1 Division 2 item 3. This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender. Schedule 9.1 item 8(4) is relevant.
See also Schedule 3.1 Division 1 item 3 which allows a similar notice to be given even when no offence has been committed.
[Regulation 17 inserted: Gazette 1 Feb 2013 p. 431-4.]
18. Protection of watercourses, drains, tunnels and bridges — Sch. 9.1 cl. 9
(1) A person must not, without lawful authority, alter, obstruct, or interfere with, any watercourse, drain, tunnel, or bridge that is local government property.
Penalty: a fine of $5 000.
(2) A person must not, wilfully or negligently, cause or permit leaves, timber, logs or brushwood that is, or has been, growing on land occupied by that person, to fall into a watercourse that is local government property.
Penalty: a fine of $5 000.
Note for this regulation:
This regulation is of a kind prescribed in the Local Government Act 1995 Schedule 3.1 Division 2 item 4. This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.
[Regulation 18 inserted: Gazette 1 Feb 2013 p. 434-5.]
19. Protection of thoroughfares from water damage — Sch. 9.1 cl. 10
A person must not, without lawful authority, alter, obstruct, or interfere with the natural flow of surface water across any thoroughfare or other land in such a way as is likely to damage any thoroughfare that is local government property.
Penalty: a fine of $5 000.
Note for this regulation:
This regulation is of a kind prescribed in the Local Government Act 1995 Schedule 3.1 Division 2 item 5. This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.
[Regulation 19 inserted: Gazette 1 Feb 2013 p. 435.]
20. Works required for supply of gas or water — Sch. 9.1 cl. 11
(1) A local government that is responsible for supplying water or gas may carry out any works that are necessary for the purpose of providing, maintaining, or modifying the supply system.
(2) Before a local government carries out works under this regulation in a public thoroughfare or other public place that is not local government property, it must give at least 3 days’ notice of its intention to carry out the works to the local government or other person having the management or control of the place.
(3) Notice is not required to be given under subregulation (2) if it is not practicable to give it because of exceptional circumstances and in that case notice of the works must be given as soon as is practicable after deciding to carry them out, but the works may be commenced before the notice is given.
(4) This regulation —
(a) does not authorise a local government to interfere with a supply system that is not local government property without the consent of a person who has authority to consent; and
(b) does not authorise a local government to carry out works in a public thoroughfare or other public place that is not local government property unless the person having the management or control of the place, or a representative of that person, is present while the work is being carried out.
[Regulation 20 amended: Gazette 1 Feb 2013 p. 435.]
(1) A local government may give a notice under this regulation to a person who is the owner or occupier of land (in this regulation called the person’s land) if the local government considers that clearing the person’s land might cause land having a common boundary with it that is local government property to be adversely affected by wind erosion or sand drift.
(2) The notice may forbid the person, to the extent specified in the notice, to clear the person’s land of vegetation without the permission of the local government.
(3) The notice cannot forbid the clearing of land that is more than 60 metres from the common boundary of the person’s land with the land that is local government property.
(4) A person given a notice under subregulation (1) must comply with the notice.
Penalty: a fine of $5 000.
Note for this regulation:
This regulation is of a kind prescribed in the Local Government Act 1995 Schedule 3.1 Division 2 item 6. This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.
See also Schedule 3.1 Division 1 item 6 which allows a similar notice to be given even when no offence has been committed.
[Regulation 21 amended: Gazette 1 Feb 2013 p. 436.]
22. Persons with lawful authority under other written laws to notify local government of proposed action
(1) In this regulation —
do a thing means do any of the following things —
(a) interfere with the soil of, or anything on, land that is local government property;
(b) take anything from land that is local government property;
(c) place on a public thoroughfare anything that obstructs it;
(d) make or make and leave an excavation in a public thoroughfare or land adjoining a public thoroughfare;
(e) construct anything on, over, or under a public thoroughfare or other public place that is local government property;
(f) alter, obstruct, or interfere with, any watercourse, drain, tunnel, or bridge that is local government property;
(g) alter, obstruct, or interfere with the natural flow of surface water across any thoroughfare or other land in such a way as is likely to damage any thoroughfare that is local government property;
lawful authority under another written law, in relation to doing a thing, means —
(a) the authority under a provision of another written law to do the thing; or
(b) an authorisation, approval, licence, permit or other right, granted under another written law by a person other than the local government, to do the thing.
(2) A person who has lawful authority under another written law to do a thing must ensure that at least 7 days before doing the thing, the local government is given written notice of the lawful authority and the intention to do the thing.
Penalty: a fine of $5 000.
[Regulation 22 inserted: Gazette 1 Feb 2013 p. 436-7.]
23. Objections and review
Part 9 Division 1 of the Act applies to —
(a) the decision of a local government to give a notice under regulation 5(2); or
(b) a decision of a local government made upon an application under regulation 12 or a decision by the Commissioner of Main Roads under regulation 14(2) relating to the application; or
(c) the decision of a local government to give a notice under regulation 13(1); or
(d) the decision of the Commissioner of Main Roads to give a notice under regulation 14(3); or
(e) the decision of a local government to give a notice under regulation 21(1),
and the applicant or person to whom the notice was given, as the case requires, is an affected person for the purposes of applying that Division.
Note for this regulation:
The Local Government Act 1995 section 9.1(1) provides that Part 9 Division 1 applies when a local government makes a decision under the Act as to whether it will grant, renew, vary, or cancel an authorisation, as defined in section 9.2, under a regulation that operates as if it were a local law.
[Regulation 23 inserted: Gazette 1 Feb 2013 p. 438.]
24. Infringement notice offences
(1) An offence described in Schedule 1 column 1 is prescribed for the purposes of section 9.16(1) of the Act.
(2) The amount specified in Schedule 1 column 2 for the offence is the modified penalty that is to be specified in an infringement notice given for that offence.
[Regulation 24 inserted: Gazette 1 Feb 2013 p. 438.]
25. Transitional and savings provisions
(1) In this regulation —
expiry day means the day on which the Building Regulations 2012 Part 9 expires 4;
expired Part 9 means the Building Regulations 2012 Part 9 as in force immediately before it expired.
(2) A licence that was —
(a) granted under the expired Part 9 regulation 64; and
(b) in effect immediately before expiry day; and
(c) for the purpose of authorising a person to deposit materials on a street, way or other public place,
is, on and from expiry day, to be taken to be permission granted by the local government under regulation 6 of these regulations and subject to the conditions applying to the licence immediately before expiry day.
(3) An application for a licence mentioned in subregulation (2) that had been made, but not decided, by a local government, before expiry day is, on and from expiry day, to be taken to be an application under regulation 6(2) of these regulations for which the application fee, if any, has been paid.
(4) A review under the expired Part 9 regulation 64(7) —
(a) of the refusal to grant a licence under the expired Part 9 regulation 64 for the purpose of authorising a person to deposit materials on a street, way or other public place; or
(b) of the conditions imposed on a licence mentioned in subregulation (2),
that was started, but not finalised, before expiry day must be dealt with as if the expired Part 9 had not expired, and a licence that is granted or varied as a result of such a review is to be taken to be permission granted by the local government under regulation 6 of these regulations subject to the conditions applying to the licence on its grant or variation.
(5) A licence that was —
(a) granted under the expired Part 9 regulation 64; and
(b) in effect immediately before expiry day; and
(c) for the purpose of authorising a person to make an excavation on land abutting or adjoining a street, way or other public place,
is, on and from expiry day, to be taken to be permission granted by the local government under regulation 11 of these regulations and subject to the conditions applying to the licence immediately before expiry day.
(6) An application for a licence mentioned in subregulation (5) that had been made, but not decided, by a local government, before expiry day is, on and from expiry day, to be taken to be an application under regulation 11(4) of these regulations for which the application fee, if any, has been paid.
(7) A review under the expired Part 9 regulation 64(7) —
(a) of the refusal to grant a licence under the expired Part 9 regulation 64 for the purpose of authorising a person to make an excavation on land abutting or adjoining a street, way or other public place; or
(b) of the conditions imposed on a licence mentioned in subregulation (5),
that was started, but not finalised, before expiry day must be dealt with as if the expired Part 9 had not expired, and a licence that is granted or varied as a result of such a review is to be taken to be permission granted by the local government under regulation 11 of these regulations subject to the conditions applying to the licence on its grant or variation.
(8) Subregulations (2) to (7) do not prejudice or affect the application of the Interpretation Act 1984 to and in relation to the expiry of the Building Regulations 2012 Part 9 concerning —
(a) the enforcement of any notice under the expired Part 9 regulation 65(h) or 66(2)(b); or
(b) the institution, continuation or enforcement of any legal proceeding for an offence under the expired Part 9 regulation 63, 64 or 67; or
(c) the institution, continuation or enforcement of any review under the expired Part 9 regulation 67(3).
[Regulation 25 inserted: Gazette 1 Feb 2013 p. 439-41.]
Schedule 1 — Infringement notice offences and modified penalties
[r. 24]
[Heading inserted: Gazette 1 Feb 2013 p. 442.]
Column 1
Column 2
Description of offence
$
Interfering with, or taking anything from, land that is local government property without lawful authority (in contravention of r. 5(1))
500
Placing on a public thoroughfare anything that obstructs it without lawful authority (in contravention of r. 6(1))
500
Leaving open a gate registered under regulation 9(8) (in contravention of r. 10)
100
Making an excavation in a public thoroughfare or land adjoining a public thoroughfare without lawful authority (in contravention of r. 11(3))
500
Constructing anything on, over, or under a public thoroughfare or other public place that is local government property without lawful authority (in contravention of r. 17(1))
500
Not giving a local government at least 7 days’ written notice of lawful authority under another written law to do a thing and the intention to do the thing (in contravention of r. 22(2))
500
[Schedule 1 inserted: Gazette 1 Feb 2013 p. 442-3.]
dline
Notes
1 This reprint is a compilation as at 24 May 2013 of the Local Government (Uniform Local Provisions) Regulations 1996 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Compilation table
Citation
Gazettal
Commencement
Local Government (Uniform Local Provisions) Regulations 1996
24 Jun 1996 p. 2833‑46
1 Jul 1996 (see r. 2)
Reprint 1: The Local Government (Uniform Local Provisions) Regulations 1996 as at 7 May 2004
Local Government (Uniform Local Provisions) Amendment Regulations 2013
1 Feb 2013 p. 417‑43
r. 1 and 2: 1 Feb 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Apr 2013 (see r. 2(b))
Reprint 2: The Local Government (Uniform Local Provisions) Regulations 1996 as at 24 May 2013 (includes amendments listed above)
2 Repealed by the Local Government Act 1995.
3 Now called the Local Government (Miscellaneous Provisions) Act 1960.
4 Expiry day was 2 April 2013.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]