LOCAL LAWS RELATING TO THE CARNARVON PUBLIC CEMETERY

PART 1: INTERPRETATIONS AND STANDING ORDERS 1.1 Proceedings Conducted According to Standing Orders 1.2 All Meetings Governed by Standing Orders 1.3 Interpretations

PART 2: MEETINGS—NOTICE OF BUSINESS 2.1 Notice of Meetings—Members to Receive Notice 2.2 Notices of Motion—Ordinary and Extraordinary Business 2.3 Motion to Lapse 2.4 Objectional Business 2.5 Business to be Specified on Notice Paper

PART 3: MEETINGS—QUORUM 3.1 Quorum at Meetings 3.2 Count-out/Adjournment 3.3 Absence of Quorum—Record in Minute Book

PART 4: MEETINGS—MINUTES 4.1 Recording and Confirmation of Minutes

PART 5: ORDINARY MEETING—WHEN HELD AND ORDER OF BUSINESS 5.1 Ordinary Meetings—When Held 5.2 Ordinary Meetings—Order of Business 5.3 Late Items 5.4 Deputations PART 6: MEETINGS—PUBLIC CONDUCT 6.1 Admission and Removal of the Public PART 7: ROLE OF PRESIDENT PART 8: CONDUCT OF MEMBERS 8.1 Members to Rise When Speaking 8.2 Official Titles to be Used 8.3 Debate—Maintenance of Order—Imputations—Offensive Expressions 8.4 Demand for Withdrawal 8.5 Members to Occupy Own Seats

PART 9: CONDUCT OF MEMBERS DURING DEBATE 9.1 Relevance 9.2 Limitation of Number of Speeches 9.3 Limitation of Duration of Speeches 9.4 Members Not to Interrupt 9.5 Members Not to Speak after Conclusionof Debate 9.6 Re-Opening Discussion on Decisions

PART 10: PROCEDURES FOR DEBATE OF MOTIONS 10.1 Unopposed Business 10.2 To be Seconded 10.3 Only One Substantive Motion Considered 10.4 Order of Call in Debate 10.5 Limit of Debate

PART 11: PROCEDURAL MOTIONS 11.1 Permissable Procedural Motions 11.2 Reason for Closure to be Stated 11.3 Procedural Motions Not Required in Writing 11.4 Procedural Motions—Recording in Minutes 11.5 Procedural Motions—Majority Required 11.6 Procedural Motions—Closing Debate—Who May Move 11.7 Procedural Motions—Right of Reply on Substantive Motion

GOVERNMENT GAZETTE, WA [26 February 1998970

PART 12: EFFECT OF PROCEDURAL MOTIONS 12.1 The Council Proceed to the Next Business 12.2 The Debate be Adjourned 12.3 The Meeting Adjourn 12.4 The Motion be Now Put 12.5 The Motion Lie on the Table 12.6 The Council Meet Behind Closed Doors 12.7 That the Question be Referred to a Committee of the Council 12.8 That the Member (Councillor) No Longer be Heard 12.9 The Meeting be Now Closed

PART 13: DECISION MAKING PROCEDURES 13.1 Voting and Decisions—Majority to Determine 13.2 Breaking Down of Complex Questions 13.3 Order of Amendments 13.4 Nature of Amendments 13.5 Substantive Motion 13.6 Consent of Seconder Required to Accept Alteration of Wording 13.7 Withdrawal of Motion and Amendments 13.8 Limitation of Withdrawal 13.9 Authority for Withdrawal 13.10 Right of Reply 13.11 Right of Reply Provisions 13.12 Amendments Must Not Negate Original Motion 13.13 Mover of Motion Not to Speak on Amendment 13.14 Question—When Put 13.15 Method of Taking Vote

PART 14: POINTS OF ORDER 14.1 Points of Order—When to Raise—Procedure 14.2 Points of Order—Definitions 14.3 Points of Order—Ruling 14.4 Points of Order—Ruling Conclusive, Unless Dissent Motion is Moved 14.5 Points of Order—Motion Against Ruling Procedure 14.6 Points of Order Take Precedence

PART 15: ADJOURNMENT OF MEETING 15.1 Meeting May be Adjourned 15.2 Notice of Adjourned Meeting 15.3 Business at Adjourned Meeting 15.4 Unopposed Business—Motion for Adjournment of Council 15.5 Withdrawal of Motion for Adjournment of Council

PART 16: PERSONAL EXPLANATION 16.1 Personal Explanation 16.2 Personal Explanation—When Heard 16.3 Ruling on Questions of Personal Explanation

PART 17: COMMITTEES OF COUNCIL 17.1 Appointment of Committees 17.2 Election of Committee Presiding Member and Deputy Presiding Member 17.3 Absence from Committee Meetings 17.4 Items to be Numbered 17.5 Reports of Committees to be Taken as Read 17.6 Procedure of Report of Committees 17.7 Withdrawal, Correction and Amendments of Committees 17.8 Permissable Motions on Recommendations from a Committee 17.9 Reports of Committees—Questions 17.10 Procedure on Amendments on Reports of the Committees 17.11 Non Related Motions on Reports of Committees 17.12 Recommendations of Committees—Inspection of Plans 17.13 Committee Procedure 17.14 Rights and Responsibilities of Councillors who are not Committee Members 17.15 Standing Orders to Apply to Committees

PART 18: DISCLOSURE OF FINANCIAL INTERESTS 18.1 Members’ Interests to be Disclosed 18.2 Separation of Committee Recommendations 18.3 Member with an Interest to Leave 18.4 Member with an Interest May Ask to be Present 18.5 Member with an Interest May Ask Permission to Participate 18.6 Invitation to Return to Provide Information 18.7 Declaration of Due Consideration 18.8 Disclosures by Employees

GOVERNMENT GAZETTE, WA 97126 February 1998]

PART 19: REVOKING OR CHANGING DECISIONS 19.1 Revoking Decisions—When this Can Occur 19.2 Implementation of a Decision 19.3 Motion to Change Having Effect of Revocation

PART 20: ADMINISTRATIVE MATTERS 20.1 Suspension of Standing Orders 20.2 Cases Not Provided for in Standing Orders 20.3 Penalty for Breach of Standing Orders 20.4 Duty of Chief Executive Officer 20.5 Confidentiality 20.6 Meetings of Electors

GOVERNMENT GAZETTE, WA [26 February 1998972 enabling it, the Council of the Shire of Carnarvon hereby records having resolved on the 28th day of January 1998, to revoke the By-Laws of the Shire of Carnarvon referred to as the ‘Standing Orders’ published in the Government Gazette on 2 May 1986, as amended in the Government Gazette on 31 December 1987, 29 April 1994 and 28 October 1994, and to make the following local laws.

1. INTERPRETATIONS AND STANDING ORDERS 1.1 Proceedings Conducted According to Standing Orders The proceedings and business of the Council shall be conducted in accordance with the Act, regulations, and any other law, and where not specifically prescribed, according to these local laws, the clauses of which shall be referred to as “the Standing Orders”. 1.2 All Meetings Governed by Standing Orders The proceedings of all Council Meetings, Committee Meetings and other meetings of the Council shall be governed by these standing orders unless otherwise provided in the Act, regulations, or any other law. 1.3 Interpretations The Interpretations should be used in these standing orders, unless the context otherwise requires— “Act” means the “Local Government Act, 1995 and all its amendments and successors”; “Clause” means a clause of these standing orders; “Committee” means any Committee appointed in accordance with the provisions of the Act; “President” includes the Deputy President, in the absence of the President, and any Councillor chosen to preside at any meeting of the Council in the manner prescribed in the Act; “Presiding Member” includes the Deputy Presiding Member, in the absence of the Presiding Member, and any member chosen to preside at any meeting of a Committee in the manner prescribed in the Act; “Meeting” includes any Ordinary or Special Meeting of the Council or any other meeting held in accordance with the Act and properly convened as the Act requires; “Member” means the President, or a Councillor of the Council, or in the case of Committees, a member of the Committee appointed in accordance with the Act; “Officer” is an employed member of the staff of the Council; “Chief Executive Officer” means the Chief non-elected officer of the Shire or the officer who, for the time being, is acting in that capacity; “Simple majority” is more than 50% of the members present and voting; “Substantive motion” means any motion other than an amendment or a procedural motion;
2. MEETINGS—NOTICE OF BUSINESS 2.1 Notice of Meetings—Members to Receive Notice Notice of meetings shall be given by the Chief Executive Officer in accordance with the Act. 2.2 Notices of Motion—Ordinary and Extraordinary Business Members may bring forward business in the form of a written motion, of which notice shall be given in writing to the Chief Executive Officer, either at the meeting previous to the meeting at which it is intended to move the motion, or at any time thereafter up to 24 hours before the close of the business Agenda Paper. The CEO may, on his own initiative, make such amendments to the form but not the substance thereof as will bring the notice of motion into due form. 2.3 Motion to Lapse A motion shall lapse unless the member who gave notice is present, unless another member is willing to move the motion when it is called. 2.4 Objectionable Business If the President is of the opinion that any motion or business proposed is of an objectionable nature, the President may, either before or after the matter is brought forward at any meeting, declare that it shall not be considered. Any member may move dissent from such a declaration made from the Chair. On the motion being seconded, the motion to dissent shall be put without debate, and in the event of the motion being carried by a majority of the members present, the business referred to shall then be considered immediately, but if the motion is lost, the ruling of the President shall stand.

GOVERNMENT GAZETTE, WA 97326 February 1998] 2.5 Business to be Specified on Notice Paper No business shall be transacted at any meeting other than that specified in the notice without the approval of the President or the approval of the majority of members present determined by vote. 3. MEETINGS—QUORUM 3.1 Quorum at Meetings In accordance with the Act, the quorum at all meetings of the Council shall be at least 50% of the total number of offices (whether vacant or not) of members of the Council. 3.2 Count-out/Adjournment At any time during any meeting of the Council any Councillor or the Chief Executive Officer may call the attention of the President to the fact that a quorum is not present. The President shall immediately suspend the proceedings of the meeting for a period of five minutes. If a quorum is not present at the end of this period, the meeting shall be deemed to have been counted out, and the President shall adjourn it to a later hour of the same day or to any other time, not more than seven days from the date of adjourn- ment. 3.3 Absence of Quorum—Record in Minute Book At all meetings of the Council when the Council is counted out, and an absence of quorum noted, the circumstances, together with the names of the members present, shall be recorded in the minutes. 4. MEETINGS—MINUTES 4.1 Recording and Confirmation of Minutes Minutes are to be kept of each meeting’s proceedings, confirmed or amended at the next Ordinary Meet- ing of the Council and signed and certified by the person presiding. 5. ORDINARY MEETING—WHEN HELD AND ORDER OF BUSINESS 5.1 Ordinary Meetings—When Held The Council shall resolve at the first meeting held after each ordinary elections day, the days and times each month when Ordinary Meetings of the Council shall be held. 5.2 Ordinary Meeting—Order of Business Unless otherwise decided by the Council, the order of business at any Ordinary Meeting of the Council is to be as follows— (a) Oath; (b) Apologies and Leave of Absence; (c) Public Question Time; (d) Questions of Which Due Notice Has Been Given Without Discussion; (e) Urgency Questions without Discussion; (f) Confirmation of Minutes; (g) Business Arising from Minutes Which Does Not Appear Subsequently in the Agenda; (h) Disclosure of Members’ Financial Interests; (i) Petitions & Memorials; (j) Announcements by the President Without Discussion; (k) Matters for Which Meeting May be Closed; (l) Reports of Committees; (m) CEO’s Report; (n) Motions of Which Previous Notice Has Been Given; (o) Notice of Motion for Consideration at the Following Meeting without Discussion.; (p) Urgent Business Approved by the Presiding Member or By Decision of Council; (q) Matters Behind Closed Doors; (r) Date of Next Meeting; (s) Closure; 5.3 Late Items In cases of extreme urgency or other special circumstances, late items may, with the consent of the President, or at the request of a majority of Councillors present, be read and dealt with. 5.4 Deputations (1) A deputation wishing to be received by the Council or a Committee is to apply in writing to the CEO who is to forward the written request to the President or Presiding Member as the case may be. (2) If the President is of the opinion that the request for a deputation is one which should be brought before the Council and if the Council makes a decision to that effect, the deputation is to be invited to attend. (3) If the Presiding Member of a Committee is of the opinion that the request for a deputation is one which should be brought before the Committee and a simple majority of members is in agreement, the deputation is to be invited to attend. (4) A deputation invited to attend a Council or Committee meeting— (a) is not to exceed five members, only two of whom may address the Council or Committee, al- though others may respond to specific questions from the members; and

GOVERNMENT GAZETTE, WA [26 February 1998974 (b) is not to address the Council or Committee for a period exceeding 15 minutes without the agreement of the Council or the Committee as the case requires; (5) Any matter which is the subject of a deputation to the Council or a Committee is not to be further considered by the Council or that Committee until the deputation has withdrawn. 6. MEETINGS—PUBLIC CONDUCT 6.1 Admission and Removal of the Public (1) The public is admitted to Council Meetings on the basis that no expression of dissent or approval, conversation or interruption to the proceedings of the Council shall take place. In the event of any such interruption, the President may use discretion and without a vote of the Council, require those inter- rupting to withdraw. The person or persons concerned shall immediately withdraw from the meeting. (2) Any person, not being a member of the Council, who interrupts the orderly conduct of the Council who does not withdraw immediately upon being called by the President to withdraw from the meeting, may, by order of the President, be removed from the meeting. 7. ROLE OF PRESIDENT 7.1 (1) At any meeting of the Council the President shall have the right to direct attention to any matter of interest or relevance to the business of the meeting or propose a change to the order of business (2) Any member may move that a change in order of business proposed by the President not be ac- cepted and if carried by a majority of members present, the proposed change in order will not take place. 7.2 The President to Take Part in Debates Subject to the provisions of these standing orders, the President may take part in a discussion upon any question before the Council, provided that like other Councillors in accordance with these standing orders, the President may only speak once and provided that this is done before the right of reply is exercised. 7.3 Precedence of President When the President rises during the progress of a debate, any member then speaking, or offering to speak, shall immediately cease and every member present shall preserve strict silence so that the Presi- dent may be heard without interruption. This clause should not be used by the President to exercise the right provided in Clause 7.2, but should be used to preserve order. 7.4 Dissent With the President’s Ruling A member may move a procedural motion to disagree with a ruling given by the President. The Presi- dent must immediately call for a seconder and put the motion without debate. 8. CONDUCT OF MEMBERS 8.1 Member to Rise When Speaking Every member of the Council desiring to speak shall rise in his place and address the President provided that any member of the Council unable to conveniently stand by reason of sickness or infirmity, shall under such circumstances, be permitted to sit while speaking. It shall not be a requirement for the President to rise to address the Council. 8.2 Official Titles to be Used Members shall speak of each other in the Council during the transaction of business by their respective titles of President or Councillor. Members, in speaking of or addressing officers, shall designate them by their respective official titles. 8.3 Debate—Maintenance of Order—Imputations—Offensive Expressions No member may impute motives or use offensive or objectionable expressions in reference to any mem- ber, officer of the Council, or any other person. 8.4 Demand for Withdrawal If a member commits a breach of clause 8.3, the President, or the Council by resolution, may require that member to withdraw unreservedly any offending comment and to make a satisfactory apology; and if the member declines or neglects to do so, the President may direct such member to cease speaking, and may call on the next speaker. 8.5 Members to Occupy Own Seats (1) At the first Ordinary Meeting attended by a Councillor after election, the Chief Executive Officer shall allot by random draw, a position at the Council table to each Councillor and the Councillor shall, until such time as there is a call by a majority of Councillors for a re-allotment of positions, occupy that position when present at meetings of the Council, except that the Deputy President shall be seated at top left of the table as viewed from the President’s Chair. (2) No Councillor shall be deemed to be present unless occupying that member’s allotted place within the Council Chambers. 9. CONDUCT OF MEMBERS DURING DEBATE 9.1 Relevance All members shall restrict remarks to the motion or amendment under discussion, or to an explanation or point of order. 9.2 Limitation of Number of Speeches No member shall address the Council more than once on any motion or amendment before the Council except the mover of a substantive motion, in reply, or to a point of order, or in explanation.

GOVERNMENT GAZETTE, WA 97526 February 1998] 9.3 Limitation of Duration of Speeches All addresses shall be limited to a maximum of five minutes. Extension of time is permissible only with the agreement of the majority of members present. 9.4 Members Not to Interrupt No member shall interrupt another member whilst speaking unless— (a) to raise a point of order; (b) to call attention to the absence of a quorum. 9.5 Members Not to Speak After Conclusion of Debate No member of the Council or a Committee is to speak to any question after it has been put by the person presiding. 9.6 Re-Opening Discussion on Decisions No member of the Council or a Committee is to re-open discussion on any decision of the Council or Committee, except for the purpose of moving that the decision be revoked or changed. 10. PROCEDURES FOR DEBATE OF MOTIONS 10.1 Unopposed Business Upon a motion being moved, the President may ask the meeting if any member opposes it. If no one signifies opposition to the motion or opposition to the motion being treated as unopposed business, the President may declare the motion carried without debate and without taking a vote thereon. Any motion declared carried under this Clause shall, for all purposes be deemed a resolution of the If any member signifies opposition to a motion or to a motion being treated as unopposed business, the motion shall be dealt with according to the following clauses. 10.2 To be Seconded Except as provided by Clause 10.1, no motion or amendment to a substantive motion shall be in order, or be open to debate until it has been seconded. 10.3 Only One Substantive Motion Considered When a substantive motion is under debate at any meeting, no further substantive motion shall be accepted. 10.4 Order of Call in Debate The President will call speakers to a substantive motion in the following order (a) the mover to state the motion; (b) a seconder to the motion; (c) the mover to speak to the motion; (d) a speaker against the motion; (e) a speaker for the motion; (f) other speakers against and for the motion, alternating in view, if any— (g) mover takes right of reply which closes debate. 10.5 Limit of Debate The President may offer the right of reply and put the motion to the vote if the President believes sufficient discussion has taken place even though all members may not have spoken. 11. PROCEDURAL MOTIONS 11.1 Permissable Procedural Motions Subject to Clause 17.8, in addition to proposing a properly worded amendment to a substantive motion, it is permissible for a member to move the following procedural motions— (a) that the Council proceed to the next business; (b) that the debate be adjourned; (c) that the meeting adjourn; (d) that the motion be now put; (e) that the motion lie on the table; (f) that the Council meet behind closed doors; (g) that the question be referred to a Committee of the Council for consideration and report; (h) that the member (Councillor)be no longer heard; (i) the meeting be now closed; 11.2 Reason for Closure to be Stated A member who moves a procedural motion under Clause 11.1(f) shall state the reason for moving the motion and this must relate to a matter contained in Section 5.23(2) of the Act. 11.3 Procedural Motions Not Required in Writing Procedural motions are not required to be presented in writing. 11.4 Procedural Motions—Recording in Minutes The mover, seconder and result of all procedural motions shall be recorded in the minutes of the meeting.

GOVERNMENT GAZETTE, WA [26 February 1998976 11.5 Procedural Motions—Majority Required Any procedural motion shall be carried upon the majority of members present voting in the affirmative. 11.6 Procedural Motions—Closing Debate—Who May Move No person who has moved, seconded, or spoken for or against the substantive motion, may move any procedural motion which, once moved, would deny others the right to speak or, if carried, would close the debate on the substantive motion or amendment. 11.7 Procedural Motions—Right of Reply on Substantive Motion The carrying of a procedural motion which closes debate on the substantive motion or amendment and forces a decision on the substantive motion or amendment will not deny the right of reply to the mover of the substantive motion. 12. EFFECT OF PROCEDURAL MOTIONS 12.1 The Council Proceed to the Next Business (1) A member may, at the conclusion of the speech of any other member move, without notice, that the meeting proceed to the next business. (2) On a motion that the meeting proceed to the next business, the mover may speak for not more than five minutes, the seconder shall not speak other than formally to second, and no other debate shall be allowed. (3) During the course of the same motion, a second motion that the meeting do proceed with the next business shall not be made within one hour after a similar motion has been negatived. (4) When a motion is carried that the meeting proceed to the next business, the motion under discus- sion shall be considered as lapsed, but if that motion was an amendment to a substantive motion, the substantive motion shall then become the next item of business. 12.2 The Debate be Adjourned (1) A member may, at the conclusion of the speech of another member move without previous notice that the debate be adjourned to a later hour of the same meeting or to a subsequent meeting. The member will be limited to speaking for five minutes. (2) No discussion shall be allowed upon a motion for the adjournment of a debate. (3) At the same meeting, a member shall not move or second more than one motion for adjourning of the same debate. (4) On a motion for the adjournment of a debate being carried, a record shall be taken of all those who have spoken on the subject under debate and they shall not be permitted to speak on any resumption of the debate on that subject, but this Local Law shall not deprive a mover of the original motion of the right of reply. (5) On resuming an adjourned debate, the member who moved its adjournment shall be entitled to speak first. 12.3 The Meeting Adjourn (1) A member may, at the conclusion of the speech of any other member or on the conclusion of any business, move without notice that the meeting do now adjourn and that motion shall state the time and date to which the meeting is to adjourn. (2) On a motion to adjourn the mover may speak for not more than five minutes, the seconder shall not speak other than formally to second and the mover of the motion (if any) which was then under debate may speak for not more than five minutes, but no other debate shall be allowed. (3) At the same meeting a member may not move or second more than one motion for the adjournment of a meeting. (4) Upon a motion for the adjournment of a meeting being carried, a record shall be taken of all those who have spoken on the motion then under consideration and they shall not be permitted to speak on any subsequent consideration of the same motion, but this Local Law shall not deprive a mover of the original motion of the right of reply. (5) Upon a motion to adjourn a meeting being carried, the Chairperson shall adjourn the meeting to such time and date as the motion specifies, or where no time and date is specified, to such time and date as the Chairperson shall then declare. (6) If on any motion for adjournment of a meeting being put and negatived, the motion then under consideration, or the next on the notice paper, or any other that may be allowed precedence, shall be considered and put to the vote before any subsequent motion for adjournment shall be entertained. (7) On a motion for the adjournment of the Meeting being carried, the debate on the motion (if any) under debate when the motion was moved shall be continued immediately upon the meeting resuming. 12.4 The Motion be Now Put (1) A member may, at the conclusion of the speech of any other member move without comment, that the motion under consideration be now put. (2) No discussion shall be allowed on a motion that the motion be now put. (3) At the same meeting a member may not move or second more than one motion that the motion be now put in relation to the same motion. (4) When it is resolved by the Meeting that the motion under consideration be put, the mover of the motion under consideration may speak in reply for not more than five minutes provided that at least one member has spoken in opposition thereto.

GOVERNMENT GAZETTE, WA 97726 February 1998] (5) A motion that the motion be now put shall relate only to the motion or amendment then before the Meeting, and if carried in respect of an amendment shall not affect the debate on the substantive mo- tion. (6) When it is decided by the Meeting in regard to a motion that the motion be now put, the motion to be so put includes the motion as well as any amendment thereto already carried by the Meeting. (7) The Chairperson may refuse to accept a motion that the motion be now put where it would have the effect of unfairly limiting debate before the principal arguments for and against the motion have been presented. 12.5 The Motion Lie on the Table (1) A member may, at the conclusion of the speech of any other member, move, without notice, that the motion lie on the table. (2) On a motion that the motion lie on the table, the mover may speak for not more than five minutes, the seconder shall not speak other than formally to second, and no other debate shall be allowed. (3) A member shall not, at the same meeting, move or second more than one motion for the laying of the motion on the table. (4) If a motion that the motion lie on the table is carried debate on that motion shall not be resumed until a motion has been passed to take the motion from the table. (5) On a motion for the laying of the motion on the table being carried, a record shall be taken of all those who have spoken on the motion under debate and they shall not be permitted to speak on any resumption of the debate on that motion, but this does not deprive the mover of the motion of the right of reply. (6) Any motion that was subject to a resolution that the motion lie on the table and not dealt with subsequently at the same meeting, shall be included in the agenda for the next ordinary meeting. (7) A member moving the taking of the motion from the table shall be entitled to speak first upon the resumption of the debate thereon. (8) A motion that the motion lie on the table shall not be moved in respect of the election the President or Deputy President. 12.6 The Council Meet Behind Closed Doors (1) A member may move at any time, notwithstanding that another member may be speaking to a question then under debate, that the meeting sit behind closed doors. The reason for sitting behind closed doors must be recorded in the minutes. (2) On a motion that the meeting sit behind closed doors, the mover may speak for not more than five minutes, the seconder shall not speak other than formally to second, and no other debate shall be al- lowed. (3) A member shall not, in respect of the same item of business, move or second more than one motion that the meeting sit behind closed doors. (4) Upon the carrying of a resolution to close a meeting to the public, the Chairperson shall direct all persons, other than members and such employees as the meeting may resolve to permit to remain, to leave the Council Chambers, and every such person shall forthwith comply with such direction. (5) After the carrying of a resolution to close a meeting to the public, the business at that meeting shall proceed behind closed doors until the Council by resolution decides to proceed with open doors. (6) Any person who fails to comply with a direction made to leave the Council Chambers commits an offence and may by order of the Chairperson be removed from the Council Chambers. (7) Upon resuming with open doors the Chairperson shall read out the resolutions passed by the Council whilst it was proceeding behind closed doors, and details of any voting recorded. 12.7 That the Question be Referred to a Committee of the Council (1) This motion having been carried will cause the debate to cease immediately and for the substan- tive motion with any amendment to be referred to the next meeting of the nominated Committee. The meeting will proceed to the next order of business. (2) The motion being lost will allow debate to continue. (3) On a motion that the question be referred to a Committee, the mover may speak for not more than 5 minutes, the seconder shall not speak other than formally to second, and the mover of the motion (if any) which was then under debate may speak for no more than 5 minutes, but no other debate shall be allowed. 12.8 That the Member (Councillor) No Longer be Heard This motion, having been carried, will cause the person presiding to not allow the speaker against whom the motion has been moved, to speak to the current substantive motion or any amendment relating to it except to exercise the right of reply if the person is the mover of the substantive motion. No discussion will be allowed on the motion that the member no longer is heard. 12.9 The Meeting be Now Closed (1) A member may, after the debate and voting on any motion has been concluded move, without notice, that the meeting be now closed. (2) The mover, seconder, and any other member wishing to speak on a motion that the meeting be now closed, may so speak for not more than five minutes. (3) On a motion that the meeting be now closed being carried, the Chairperson shall forthwith close the meeting, and no further business may be transacted. Any business outstanding on the notice paper for that meeting shall be carried forward to the notice paper for the next ordinary meeting of the

GOVERNMENT GAZETTE, WA [26 February 1998978 13. DECISION MAKING PROCEDURES 13.1 Voting and Decisions—Majority to Determine All acts of the Council, and all questions coming before the Council, may be decided by a simple majority of the members present and voting at a properly constituted meeting, unless otherwise provided in the Act, Regulations, or the Standing Orders. 13.2 Breaking Down of Complex Questions The President may order a complex question to be broken down and put in the form of several motions, which shall be put in sequence. Amendments may be proposed to a motion, but whenever any amend- ment is made upon a substantive motion, no second or subsequent amendment shall be moved or consid- ered until the first amendment has been disposed of. 13.3 Order of Amendments Any number of amendments may be proposed to a motion, but whenever any amendment is made upon a substantive motion, no second or subsequent amendment shall be moved or considered until the first amendment has been disposed of. 13.4 Nature of Amendments An amendment to a substantive motion shall take one or more of the following forms— (a) that certain words be omitted therefrom; (b) that certain words be omitted and others substituted; (c) that words be added. 13.5 Substantive Motion If an amendment to a substantive motion is carried, the motion as amended shall then be submitted as the substantive motion, and shall become the question before the meeting upon which any member may speak and any further amendment may be moved. 13.6 Consent of Seconder Required to Accept Alteration of Wording The mover of a substantive motion may not alter the wording of the motion without the consent of the seconder. 13.7 Withdrawal of Motion and Amendments Council may, without debate, grant leave to withdraw a motion or amendment upon request of the mover of the motion or amendment, and with the approval of the seconder, provided that there is no voice expressed to the contrary view by any member, in which case discussion on the motion or amend- ment shall not continue. 13.8 Limitation of Withdrawal Where an amendment has been proposed to a substantive motion, the substantive motion shall not be withdrawn, except by consent of the majority of members present, until the amendment proposed has been withdrawn or lost. 13.9 Authority for Withdrawal A motion or amendment to a motion shall not be withdrawn in the absence of any member who proposed it, except with that member’s written authority. 13.10 Right of Reply (1) The mover of a substantive motion shall have the right of reply. After the mover of the substantive motion has commenced the reply, no other member shall speak on the question. (2) The right of reply must be confined to rebutting arguments raised by previous speakers and no new matter may be introduced. 13.11 Right of Reply Provisions The right of reply shall be governed by the following provisions— (a) If there is no amendment to the substantive motion, the mover may reply at the conclusion of the discussion on the motion.; (b) If there is an amendment, the mover of the substantive motion shall take the right of reply at the conclusion of the vote on any amendments; (c) The mover of the amendment does not have a right of reply; (d) Once the right of reply has been taken, there can be no further discussion, nor any other amend- ment and the substantive motion as amended is immediately put to the vote; 13.12 Amendments Must Not Negate Original Motion No amendment to a motion can be moved which negates the original motion or the intent of the original motion. 13.13 Mover of Motion Not to Speak on Amendment On an amendment being moved, any member may speak to the amendment, except the person who moved the substantive motion who is only entitled to a right of reply on the substantive motion except, that if the person who moved the substantive motion does choose to speak to the amendment, that person’s right of reply is forfeited. 13.14 Question—When Put When the debate upon any question is concluded and the right of reply has been exercised, the President shall immediately put the question and, if so desired by any member, shall again state it.

GOVERNMENT GAZETTE, WA 97926 February 1998] 13.15 Method of Taking Vote (1) In putting the question to the Council, the President shall ask whether there is any objection to the motion, and if not the motion is carried unanimously. (2) If objection is raised to the motion, the President shall put the question as often as necessary to determine the decision from a show of hands before declaring the decision. (3) If any motion for the approval of any matter is decided in the negative, then the matter is deemed to have been refused. A separate motion may then be moved giving reason for refusal. (4) If any motion for the refusal of any matter is decided in the negative, then a separate motion for approval is needed to authorise any action to be taken. 14. POINTS OF ORDER 14.1 Points of Order—When to Raise—Procedure Upon a matter of order arising during the progress of a debate, any member may raise a point of order including interrupting the speaker. Any member who is speaking when a point of order is raised, shall immediately cease while the President listens to the point of order. 14.2 Points of Order—Definitions A difference of opinion or a contradiction of a speaker shall not be recognised as a point of order, but the following shall be recognised as valid points of order— (a) That the discussion is of a question not before the meeting; (b) That offensive or insulting language is being used; (c) Drawing attention to the violation of any Local Law or Standing Order of the Council, provid- ing that the member raising the point of order shall state the Local Law or Standing Order believed to be breached; 14.3 Points of Order—Ruling The President shall give a decision on any point of order after the point has been raised by either uphold- ing or rejecting the point of order. 14.4 Points of Order—Ruling Conclusive, Unless Dissent Motion is Moved The ruling of the President upon any question of order shall be final, unless a majority of the members support a motion of dissent with the ruling. 14.5 Points of Order—Motion Against Ruling Procedure An objection having been taken to the ruling of the President, the member so objecting may immediately move dissent with the ruling. Should the motion be seconded it shall be put to the vote immediately and the result of the vote, whether in support of the ruling or otherwise, shall determine the action to be taken. 14.6 Points of Order Take Precedence Notwithstanding anything contained in these Standing Orders to the contrary, all points of order take precedence over any other discussion and until decided, suspend the consideration and decision of every other question. 15. ADJOURNMENT OF MEETING 15.1 Meeting May be Adjourned The Council may, upon a motion moved and seconded, adjourn any meeting to a later hour of the same day, or to any other time not more than seven days from the date of adjournment. 15.2 Notice of Adjourned Meeting When a meeting is adjourned, if time permits, notice of the adjourned meeting shall be forwarded to each member in accordance with the Act. 15.3 Business at Adjourned Meeting At an adjourned meeting, no additional business shall be discussed except that which was on the origi- nal notice paper for that meeting. 15.4 Unopposed Business—Motion for Adjournment of Council On a motion for the adjournment of the Council, the President, before putting the motion, may seek leave of the Council to proceed to the transaction of unopposed business. 15.5 Withdrawal of Motion for Adjournment of Council A motion or an amendment relating to the adjournment of the Council may be withdrawn by the mover, with the consent of the seconder, except that if any member objects to the withdrawal the motion must continue to be debated. 16. PERSONAL EXPLANATION 16.1 Personal Explanation No member shall speak, except upon the question before the meeting, unless it is to make a personal explanation. Any member who is permitted to speak under these circumstances must confine the obser- vations to a succinct statement of what is to be explained in relation to a specific part of the former speech which may have been misunderstood and to the explanation itself. When a member gives an explanation, that member shall make no reference to matters not strictly necessary for that purpose, nor endeavour to strengthen the former position by introducing new argument or matter, nor reply to other members of the Council.

GOVERNMENT GAZETTE, WA [26 February 1998980 16.2 Personal Explanation—When Heard A member wishing to make a personal explanation of matters referred to by any member then speaking shall be entitled to be heard forthwith, if the member then speaking consents at the time, but if the member who is speaking declines to give way, the explanation must be offered at the conclusion of that speech. 16.3 Ruling on Questions of Personal Explanation The ruling of the President on the admissibility of a personal explanation shall be final unless a motion of dissent with the ruling is moved before any other business proceeds. 17. COMMITTEES OF COUNCIL 17.1 Appointment of Committees A Committee shall not be appointed except on a motion setting out (a) the powers and duties proposed to be entrusted to such Committee, and (b) the names of the Council members, employees and other persons to constitute the Committee or; (c) the number of members intended to constitute the Committee and a provision that they be appointed by a separate motion. 17.2 Election of Committee Presiding Member and Deputy Presiding Member At the first meeting of a Committee, a Presiding Member and a Deputy Presiding Member shall be elected. 17.3 Absence from Committee Meetings If any member of a Committee, other than the President, is absent from three consecutive meetings without having obtained leave of absence from the Council or the Committee, that member’s seat on the Committee shall become vacant. 17.4 Items to be Numbered The minutes of every Committee shall be divided into items which shall be numbered consecutively. 17.5 Reports of Committees to be Taken as Read (1) The reports and recommendations of every Committee shall, when presented to the Council, be taken as read. (2) The adoption of recommendations of the Committee shall be moved by— (a) the Presiding Member of each Committee; (b) or if absent, another member of the Committee; (c) or if no member of the Committee is present, a member of the Council; 17.6 Procedure of Report of Committees (1) Upon the consideration by the Council of any report or recommendations of a Committee, the President shall, without further motion, put the paragraphs of the report or recommendations, in their numerical order, unless the Council shall otherwise determine. (2) Each item adopted by the Council shall become a resolution of the Council and shall be recorded in the minutes. 17.7 Withdrawal, Correction and Amendments of Committees (1) In moving the adoption of a recommendation of any Committee, the mover may not propose an amendment to any recommendation, except for the correction of a verbal or clerical error. (2) The Presiding Member of a Committee, may be excused from moving the adoption if the Presiding Member wishes to move an amendment to it. In that case, another member of the Committee or in the absence of a member of the Committee, another member of the Council may move the adoption of the recommendation. (3) The Presiding Member or other member of a Committee bringing up a recommendation may, with the consent of the Council, withdraw the recommendation. 17.8 Permissable Motions on Recommendations from a Committee (1) A recommendation made by or contained in a report of a Committee may be— (a) adopted by the Council without amendment or modification; (b) rejected by the Council in its entirety; (c) subject to Sub Section 13.12 and 17.11, amended or modified and adopted with such amend- ments or modifications; (d) referred back to the Committee for further consideration in accordance with paragraph (2) hereof; (2) A Member may at the conclusion of the speech of any other Member move without notice that the question or part thereof be referred back to the Committee. (3) On a motion referred to in paragraph (2)— (a) the mover may speak for not more than five minutes; (b) the seconder is not to speak other than to formally second the motion; (c) no other debate is to be allowed; (4) Where part of the recommendation is referred back to the Committee, the balance of the recom- mendation is to be dealt with otherwise in accordance with this sub section.

GOVERNMENT GAZETTE, WA 98126 February 1998] (5) Where any matter is still under consideration by a Committee, that Committee may report to the Council for information purposes only and not for decision by the Council. 17.9 Reports of Committees—Questions When a recommendation of any Committee of the Council is submitted for adoption, any member of the Council may direct questions directly relating to the recommendation through the President, to the Presiding Member or any member of the Committee bringing up the recommendation. 17.10 Procedure on Amendments on Reports of the Committees When an amendment is proposed with reference to the adoption or otherwise of any recommendation of any Committee, the amendment shall be disposed of before the other proceedings of the Committee are considered. 17.11 Non-Related Motions on Reports of Committees A member of the Council may not move any motion on any report or recommendation of any Committee which does not relate to the recommendations presented by the Committee. 17.12 Recommendations of Committees—Inspection of Plans All plans referred to in the recommendation of the Committee, and that may require the consideration of the Council, shall lay on the table of the Council Chamber for the inspection of members of the Council at the meeting at which the matter is being considered. 17.13 Committee Procedure Each Committee shall, subject to the Act, Regulations, these Standing Orders and any policy made by the Council, regulate its own procedure. 17.14 Rights and Responsibilities of Councillors who are not Committee Members Councillors who are not members of a Committee may participate in the meeting only at the Invitation of the Presiding Member but they are not entitled to vote. 17.15 Standing Orders to Apply to Committees (1) These Standing Orders shall apply generally to the proceedings of Committees of the Council, except that the following Clauses shall not apply to meetings of Committees—Clauses 2.1, 7.2, 8.1, 8.6, 9.2, 13.13, 15.2, 17.1 and 17.5 to 17.11 inclusive. (2) In the case of Clauses not excluded by subClause (1) above, a reference to a Council meeting shall be read as a reference to a Committee meeting, a reference to the Council shall be read as a reference to a Committee, and a reference to President shall be read as a reference to Presiding Member. 18. DISCLOSURE OF FINANCIAL INTERESTS 18.1 Members’ Interests to be Disclosed A member who has an interest in any matter to be discussed at a Council or Committee meeting that will be attended by the member must disclose the nature of the interest— (a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed. 18.2 Separation of Committee Recommendations Where a member has disclosed an interest in a matter, at a Committee meeting, and the matter is contained in the recommendations of the Committee to an ordinary meeting of Council or to another Committee of the Council, the recommendation concerned is to be separated on the agenda of that ordinary meeting or other Committee meeting, from other recommendations of the Committee, to enable the member concerned to declare the interest and leave the room prior to consideration of that matter only. 18.3 Member with an Interest to Leave Subject to 18.4 and 18.5, a member who has disclosed the nature of an interest in a matter is to leave the room when the matter arises for consideration or when invited to do so. 18.4 Member with an Interest May Ask to be Present (1) Where a member has disclosed the nature of his or her interest in a matter, immediately before the matter is considered by the meeting, he or she may, without disclosing the extent of the interest, request that he or she be allowed to be present during any discussion or decision making procedure related to the matter. (2) If such a request is made, the member must leave the room while the request is considered. If the request is allowed by the members, the member may return to the meeting and be present during the discussion or decision making procedure related to that matter, but is not permitted to participate in any way. 18.5 Member with an Interest may ask Permission to Participate (1) A member who discloses both the nature and extent of an interest, may request permission and take part in the consideration or discussion of the matter, or to vote on the matter. (2) If such a request is made, the member must leave the room while the request is considered. If it is decided at a meeting that a member who has disclosed both the nature and extent of an interest in a matter, be permitted to participate in the consideration and discussion of the matter or to vote on the matter, or both, then the member may return to participate to the extent permitted. 18.6 Invitation to Return to Provide Information Where a member has disclosed an interest in a matter and has left the room in accordance with the Act, the meeting may resolve to invite the member to return to provide information in respect of the matter or in respect of the member’s interest in the matter and in such case the member is to withdraw after providing the information.

GOVERNMENT GAZETTE, WA [26 February 1998982 18.7 Declaration of Due Consideration Any member who is not familiar with the substance of any report or minutes or other information provided for consideration at a meeting is to declare that fact before the meeting considers the matter and in the event that any member makes such a declaration the relevant matter is to be stood down for later consideration at the meeting so as to allow an opportunity for any member making a declaration to become familiar with the relevant report or minutes or other information. If the delay in consideration of the matter has not allowed sufficient time for the member to give due consideration to the matter, the member should leave the room before any question concerning the matter is put to the vote. 18.8 Disclosures by Employees (1) If an employee within the meaning of Section 5.70 of the Act, presents a written report to a meet- ing, on a matter in which the employee has an interest, the nature of the interest is to be disclosed at the commencement of the report. (2) If such an employee makes a verbal report to a meeting on a matter in which the employee has an interest, the employee is to preface his or her advice to the meeting by verbally disclosing the nature of the interest. 19. REVOKING OR CHANGING DECISIONS 19.1 Revoking Decisions—When this Can Occur A decision may be revoked or changed at the same meeting at which it was made if— (1) (a) at least one third of the number of offices (whether vacant or not) of members of the Council or Committee support the motion to revoke or change the decision; (b) the member who proposes the revocation or change of the decision— (i) clearly identifies the decision to be revoked or changed and; (ii) clearly states the reason for seeking the revocation or change; (c) the motion to revoke or change the decision is carried— (i) in the case where the decision to be revoked or changed was required to be carried by an absolute majority or by a special majority, by that kind of majority; or (ii) in any other case by an absolute majority; (2) A decision may be revoked or changed at a meeting other than the one at which it was originally made if— (a) The motion to revoke or change the decision is supported— (i) in the case where an attempt to revoke or change the decision has been made within the previous 3 months but had failed, by an absolute majority; or (ii) in any other case, by at least one third of the number of offices (whether vacant or not) of members of the Council or Committee; (b) the member who proposes the revocation or change of the decision— (i) clearly identifies the decision to be revoked or changed; and (ii) clearly states the reason for seeking the revocation or change; (c) the motion to revoke or change the decision is carried— (i) in the case where the decision to be revoked or changed was required to be carried by an absolute majority or by a special majority, by that kind of majority; or (ii) in any other case, by an absolute majority; 19.2 Implementation of a Decision (1) If a notice of motion to revoke or change a decision of the Council or a Committee is received by the CEO before any action has been taken to implement that decision, then no steps are to be taken to implement or give effect to that decision until such time as the motion of revocation has been dealt with. (2) The Council or a Committee shall not entertain a motion for revocation or change of a decision of the Council or the Committee whether the motion of revocation or change is moved with or without notice, if at the time the motion is moved or notice is given— (a) action has been taken to implement the decision; or (b) where the decision concerns the issue of an approval or the authorisation of a licence, permit or certificate, and where that approval or authorisation of a licence, permit or certificate has been put into effect by the Council in writing to the applicant or the applicant’s agent by an employee of the Council authorised to do so; unless there is a statement of impact of the legal and financial consequences of accepting and carrying a motion of revocation or change. 19.3 Motion to Change Having Effect of Revocation This Clause does not apply to the change of a decision unless the effect of the change would be that the decision would be revoked or would become substantially different. 20. Administrative Matters 20.1 Suspension of Standing Orders (a) The mover of a motion to suspend any Standing Order or Orders shall state the Standing Order or Orders to be suspended. (b) A motion to suspend, temporarily, any one or more of the Standing Orders regulating the pro- ceedings and business of the Council or a Committee must be seconded, but the motion need not be presented in writing.

GOVERNMENT GAZETTE, WA 98326 February 1998] 20.2 Cases Not Provided for in Standing Orders The President shall decide all questions of order, procedure, debate or otherwise in respect of which no provisions of insufficient provision is made in these Local Laws. The decisions of the President in all such cases shall be final in each particular case unless a majority of the members then present shall on motion made forthwith without discussion dissent therefrom. 20.3 Penalty for Breach of Standing Orders Any person guilty of any breach of these Standing Orders or any of the provisions hereof, shall be liable to a penalty not exceeding $1,000.00. 20.4 Duty of Chief Executive Officer It is the duty of the Chief Executive Officer to draw the attention of the Council to any breach or likely breach of these Standing Orders even if it requires interrupting any person speaking, including the President. 20.5 Confidentiality (1) Every matter dealt with by, or brought before a meeting sitting behind closed doors, shall be treated as strictly confidential, and shall not without the authority of the Council be disclosed to any person other than the President, members or the officers or employees of the Shire (and in the case of officers and employees only so far as may be necessary for the performance of their duties) prior to the discus- sion of that matter at a meeting of the Council held with open doors. Nothing herein shall prevent the CEO from recording the business conducted at the meeting in the Minute Book. (2) All documents of the Local Government, whether brought before the Council or a Committee of the Council or not, that are marked ‘CONFIDENTIAL’ or ‘NOT FOR PUBLICATION’ at the head therefore, are confidential to the Council, and shall not be published, copied or reproduced, in whole or in part, in any manner whatsoever without the express permission of the Council or the CEO. (3) A person who contravenes the provisions of the preceding Clause commits an offence. 20.6 Meetings of Electors These Standing Orders Local Laws shall so far as is practicable, apply to all meetings of Electors held pursuant to the Act. A person who is not an elector may not take any part in any discussion at that meeting, unless the meeting, by a motion so permits, but that person is not entitled to vote. The Common Seal of the SHIRE OF CARNARVON was hereunto affixed by a a resolution of the Council in the presence of—

GOVERNMENT GAZETTE, WA [26 February 1998984 LOCAL LAWS RELATING TO ADVERTISING DEVICES Under the powers conferred upon it by the Local Government Act 1995 and by all other powers, the Council of the Shire of Carnarvon hereby records having resolved to make the following Local Laws on the 26th day of November 1997. PART 1—PRELIMINARY 1.0 Revocation The following Local Laws are revoked— The By-Laws relating to Advertising Devices published in the Government Gazette of 18 March 1994 and as amended in the Government Gazette on 31 December 1996. 1.1 Citation These Local Laws may be cited as the Shire of Carnarvon Local Laws Relating to Advertising Devices. 1.2 Interpretation In these Local Laws, unless the context otherwise requires— “Act” means the Local Government Act 1995 (as amended) “Advertising Device” means any object on which words, motifs or numerals are written, placed, affixed or painted for the purpose of advertising any business, function, operation, event or undertaking or any product or thing whatsoever, and includes any vehicle or trailer or other similar stationary object placed or located so as to serve the purpose of advertising any busi- ness, function, event, product, or undertaking and includes any sign, hoarding, bills, placards and other devices, structures or things as prescribed in the Act or these Local Laws. “Animated Sign” means any sign which moves or is capable thereof or contains moving parts or which changes or alters its messages, flashes on and off, chases, scintillates or has a moving flashing or scintillating border or emblem and includes an advertisement light display but does not include a flashing beacon sign. “Authorised Person” means in respect of a particular function to be performed under these Local Laws an employee of the Shire of Carnarvon authorised by the Council to perform that function. “Bill Posting” means the sticking or posting of any bill, or painting, stencilling, placing, or affixing of any advertisement on any building, structure, fence, wall, hoarding, signpost, pole, blind, or awning or on any rock or other like place or thing so as to be visible to any person in a thorough- fare, public place, reserve or other land, and bill post has a like meaning. “Council” means the Council of the Shire of Carnarvon. “Development Sign” means a sign or signs erected on an area of land which has been approved for subdivision into a number of smaller lots, advertising the lots for sale but upon which no build- ing development has taken place at the time of approval of the sign(s). “Direction Sign” means a sign erected in a street or public place to indicate the direction to another place but does not include any such sign erected or affixed by the Council or the Commissioner of Main Roads or a road direction sign erected or affixed by a duly incorporated association or union of motorists authorised in that regard by the Minister for the time being administering the Traffic Act. “Display Home Sign” means a sign erected on a lot on which a display home is erected. “Election Sign” means a sign erected in a thoroughfare, public place or on private property for a limited period and for the sole purpose of an election of candidates in Commonwealth, State or Local Government elections. “Fly Posting” without limiting the generality of the provisions in these Local Laws relating to bill posting means advertising by means of more than one poster placed on fences, walls, trees, rocks, and any like places, or things without authority and fly post has a like meaning. “Hoarding” means a detached or detachable structure other than a pylon sign that is erected for the sole purpose of displaying a sign or signs and does not include a hoarding within the meaning of Section 377 of the Local Government (Miscellaneous Provisions) Act, but shall include a poster panel, wall panel or an illuminated panel. “Horizontal Sign” means an Advertising Device fixed parallel to the wall of a building to which it is attached with its largest dimension horizontal. “Illuminated Panel” means a posted or painted advertisement externally illuminated by an artifi- cial source of light. “Illuminated Sign” means an Advertising Device that is so arranged as to be capable of being lighted either from within or without the Advertising Device by artificial light provided, or mainly provided for that purpose.

GOVERNMENT GAZETTE, WA 98526 February 1998] “Information Panel” means a panel used for displaying Government and Local Government notices, functional and dated announcements of a religions, educational, cultural, recreational or simi- lar character, general information for the benefit of the public and travellers and general com- mercial advertising. “Institutional Sign” means a sign erected or placed on any land or building used for or in connection with a surgery, clinic, hospital, rest home, home for the aged, or other institution or place of a similar nature. “Licence” means a licence issued by the Local Government in accordance with the requirements of “Other Sign” means any other type of advertisement not specifically defined in these Local Laws. “Portable Sign” is an Advertising Device and means an unfixed free standing sign. “Projection Sign” means a sign that is made by the projection of light on a wall or similar structure. “Pylon Sign” means an Advertising Device supported by one or more piers and not attached to a building and includes a detached sign framework supported on one or more piers to which sign infills may be added. “Roof Sign” means an Advertising Device erected on the roof of a building. “Rural Producer’s Sign” means a sign erected on land zoned for horticultural purposes and which advertises goods or products produced, grown or lawfully manufactured upon the land within the boundaries of which the sign is located and includes the property owners name. “Sale Sign” means a sign indicating that the premises whereon it is affixed are for sale, for letting or to be auctioned. “Sandwich Board Sign” means a free standing double sided sign forming an “A” frame shape being of a portable type. “Semaphore Sign” means an Advertising Device affixed and supported at, or by one of its ends only. “Sign” includes a signboard, portable sign, horizontal sign, illuminated sign, institutional sign, py- lon sign, roof sign, sale sign or any other sign or Advertising Device as prescribed in these Local “Sign Infill” means a panel which can be fitted into a pylon sign framework. “Tower Sign” means an Advertising Device affixed to or placed on a chimney stack or an open struc- tural mast or tower. “Verandah” for the purpose of these Local Laws, includes cantilever awnings, cantilever verandahs and balconies whether over public thoroughfares or over private land. “Verandah Sign” means an Advertising Device above, on or under verandahs. “Vertical Sign” means an Advertising Device attached to a building in which the vertical dimension exceeds the horizontal dimension exclusive of the back projection. “Wall Panel” means a panel used for displaying a posted or painted advertisement; it is affixed to or adjoining the wall of business premises or erected on the forecourt of such business premises. “Wall Sign” is an Advertising Device and means a sign painted on or directly affixed to the fabric of a wall. 1.3 Application of these Local Laws (1) These Local Laws apply to the whole of the district of the Shire of Carnarvon. (2) All Advertising Devices, unless otherwise exempt under clause 1.4 of these Local Laws, are to be constructed, erected and maintained in accordance with the provisions of these Local Laws. 1.4 Exempt Advertising Devices These Local Laws do not apply in the case of the following Advertising Devices— (a) an Advertising Device erected or maintained pursuant to any Act having operation within the State; (b) a ‘for sale’ sign not exceeding 1sq.m. in area for sale of that property upon which the sign is erected; (c) a plate not exceeding 1sq.m. in area erected or affixed on or between the street alignment and the building line to indicate the name and occupation or profession of the occupier of the premises; (d) Advertising Devices for use solely for the direction and/or control of people, animals and/or vehicles or to indicate the name and/or street number of a premises, providing the area of any such sign does not exceed 1sq.m. in area; (e) advertisements affixed to or painted on a shop window by the occupier thereof and relating to the business carried on therein; (f) Advertising Devices within a building unless such signs are deemed to be objectional by Council; (g) Advertising Devices not larger than 1sq.m. in area on advertising pillars or panels approved by or with the consent of Council for the purpose of displaying public notices for information; (h) building name signs on residential flats or home units not exceeding 1sq.m. in area; (i) for businesses selling newspapers, Advertising Devices of the newspaper headline type, provided such Advertising Devices are secured flat against the wall of the premises.

GOVERNMENT GAZETTE, WA [26 February 1998986 PART 2—LICENSING

Division 1—Advertising Devices to be Licensed 2.1 Licence—When Required and Format (1) Except in the case of an Advertising Device which is exempt under Clause 1.4, no person shall erect, make or maintain an Advertising Device and the owner or occupier of premises shall not suffer or permit an Advertising Device to be erected, or made or remain on those premises so as to be visible from a thoroughfare reserve or other public place, unless the Advertising Device is licensed under these Local (2) A licence issued by the Council for an Advertising Device is to be in the form of the Third Schedule. 2.2 Special Licences—When Allowed and Format (1) Notwithstanding Clause 2.1, the Council may, by special licence allow the display of Advertising Devices at churches, theatres and other places of public entertainment, election signs or advertisements of meetings or other matters of public interest upon such terms and for such period as Council may in each case decide. (2) A special licence is to be in the form of the Fourth Schedule. 2.3 Licence to be produced A licensee shall, on demand by an Authorised Person, produce any licence issued under these Local Laws for inspection.

Division 2—Term and Renewal of a Licence 2.4 Licences Expire 30th September (1) A licence issued under these Local Laws shall be in force until the 30th day of September of the year next following the first approval. (2) All licenses for Advertising Devices other than those having been first approved shall be renewed annually on or before the 1st day of October of any one year and shall be in force until the 30th day of September of the year next following that date upon payment of the fees as determined by the Council from time to time. 2.5 Licence—Early Cancellation (1) Notwithstanding Clause 2.4, where a person proposes to alter, amend, relocate, or otherwise modify any Advertising Device in respect of which a licence has been issued such person shall make application for a new licence in accordance with the requirements of these Local Laws. (2) In the event that a person proposes to take down and remove an Advertising Device such person shall notify the Council no later than seven (7) days after the removal of such device in order that the licence may be cancelled.

Division 3—Application for a Licence 2.10 Licence Application (1) An application for a licence under these Local Laws shall— (a) be made in duplicate in the form of the Second Schedule hereto; (b) be accompanied by the fee as determined by the Council from time to time; (c) where being made for the first issue of a licence, be accompanied by a plan and structural details of the Advertising Device drawn to a scale of not less than 1 to 50 showing the size, position, design and inscription to appear thereon, and a block plan of a scale 1:500 showing the location on the property where the Advertising Device is to be erected, the method of construc- tion and fixing of the Advertising Device for which the licence is sought; (d) Where being made for the first issue of a licence in respect to a hoarding, pylon sign, roof sign, semaphore, vertical sign or where otherwise required by the Council be accompanied by a cer- tificate from an architect or structural engineer certifying that the building or structure upon which it is proposed to erect the Advertising Device is in all respects of sufficient strength to support the Advertising Device under all conditions, and that the Advertising Device is itself of structurally sound design; and (e) where being made for the first issue in respect of an illuminated Advertising Device shall be accompanied by a letter of consent to the erection of the Advertising Device, signed by or on behalf of the person or body having for the time being the management of traffic control lights within the district of the Shire of Carnarvon. (2) An applicant for a licence shall furnish in writing such further particulars as may be required by the Council.

Division 4—Grounds for Refusal or Revocation of a Licence 2.11 Licence Refusal A licence for an Advertising Device may be refused by the Council if— (a) the Advertising Device does not or would not comply with a provision of these Local Laws; or (b) the Advertising Device would, in the opinion of the Council, increase the number or variety of signs so as to become too numerous or various to be acceptable in an area or be injurious to the amenity or natural beauty or safety of an area; or (c) the Advertising Device advertises goods or services which are not displayed of offered for sale or otherwise available to the public upon or from the land near where the Advertising Device is located.

GOVERNMENT GAZETTE, WA 98726 February 1998] 2.12 Licence Revocation The Council may revoke a licence by notice in writing, without affecting the liability of the licensee to a penalty under these Local Laws, if— (a) the conditions of the licence or a provision of these Local Laws are not complied with; or (b) the licensee is convicted of an offence against the Local Laws. PART 3—RESTRICTIONS ATTACHING TO ALL ADVERTISING DEVICES 3.1 An Advertising Device shall not be erected or maintained— (a) so as to obstruct the view, from a thoroughfare or public place, of traffic, in anythoroughfare or public place; (b) where it would detract from the aesthetic environment of a public park or pleasure ground; (c) on any thoroughfare reserve for other purposes than a direction sign, except as otherwise ap- proved pursuant to these Local Laws; (d) on any natural feature, including a rock or tree, or any bridge or the structural approaches to a bridge or viaduct; (e) in the instance of an internally illuminated Advertising Device, where the manner of its dis- play would cause glare, or dazzle or otherwise distract the driver of any vehicle, or affect the amenity of the area; (f) in the instance of an externally illuminated Advertising Device, where the light would not be directed solely onto the device and its structural surround, and the light source was not so shielded that glare would not occur or extend beyond the Advertising Device and cause the driver of any vehicle to be distracted, or affect the amenity of the area; (g) where it would be likely to interfere with, or cause risk or danger to, thoroughfare traffic by virtue of the fact that it: (i) may be mistaken or confused with or obstruct or obscure or otherwise reduce the clar- ity or effectiveness of any traffic control device; (ii) would invite traffic to turn and would be sited so close to the turning point that there would not be reasonable time for a person to signal and turn safely; (iii) would invite traffic to move contrary to any traffic control device or turn where there is fast moving traffic; and (iv) may obscure the vision of a person driving a vehicle. (h) in the case of an illuminated Advertising Device where it— (i) may be confused with or mistaken for the stop or tail lights of a vehicle or vehicles; (ii) includes animation which incorporates more than four changes per minute, or, in the case of chasing globes, more than one globe in four would chase; (iii) includes rotation and the rotation would exceed four equal changes per minute for a two-faced, three equal changes per minute for a three faced, two equal changes per minute for a four faced Advertising Device; (iv) would operate at a time when it might cause a traffic hazard. (i) on any building or structure of which the stability is, in the opinion of the Council likely to be affected by the Advertising Device; (j) on a light, power of thoroughfare pole without the approval of the relevant authority responsi- ble for the erection of that pole; (k) in any position where it obstructs or obscures or may obstruct or obscure a person’ s view from a dwelling of a river, the sea or any other natural feature of beauty. (l) or displayed or exhibited on a vehicle left standing or parked on a thoroughfare reserve prima- rily for the purpose of displaying or exhibiting such advertisements or for the soliciting of busi- ness or sale of goods to which such advertisements refer. (m) as a movable or portable sign in a thoroughfare or public place, unaffixed to a building except as otherwise approved by Council pursuant to these Local Laws. PART 4—CONDITIONS ATTACHING TO ALL ADVERTISING DEVICES 4.1 Fixing of Advertising Devices Every Advertising Device shall be securely fixed to the structure by which it is supported, to the satisfac- tion of the Council and shall be safely maintained. 4.2 Headroom Every Advertising Device shall be so fixed as to provide a clear headway thereunder of, not less than 2.4m unless otherwise approved by the Council. 4.3 Obstruction to Door, etc. An Advertising Device shall not be erected so as to obstruct access to or from any door, fire escape or window, other than a widow designed for the display of goods. 4.4 Materials Glass or readily combustible materials or other materials, likely to be a risk to public safety shall not be used in the construction of Advertising Devices licensed pursuant to these Local Laws.

GOVERNMENT GAZETTE, WA [26 February 1998988 4.5 Advertising Devices to be Kept Clean Every Advertising Device shall be kept clean and free from unsightly matter and shall be maintained by the licensee or owner in good order free of dilapidation. 4.6 Inscription on Advertising Devices Except in the case of a hoarding, sandwich board or direction sign, Advertising Devices generally shall only display the following— (a) the name of one or more of the occupiers of the premises; and/or (b) details of the business carried on in the premises; and/or (c) details of the goods sold in the premises to which it is affixed; and/or (d) any other matter approved by Council. PART 5—PROVISIONS RELATING TO ADVERTISING DEVICES 5.1 First Schedule Applies An Advertising Device shall comply with the specifications set out in the First Schedule. 5.2 Animated Signs (1) An animated sign shall comply with the specifications relating to the particular sign of which it is part thereof or comprises in full. (2) It shall be located in such position that there is no conflict with any person or vehicle and may not be incorporated in a portable type system on any site. (3) An animated sign with moving parts shall be secured in situations where high wind speeds are anticipated to occur, in accordance with Clause 4.1 and not have any part thereof nearer any part of another Advertising Device erected on the same lot/site than as stated in column 10 of the First Sched- ule. 5.3 Bill Posting (1) Subject to Sub-Clause 2 a person shall not post any bill, or paint, stencil, place or affix any adver- tisement on any thoroughfare or on any building, structure, fence, wall, hoarding, sign, post, blind or awning within the Shire of Carnarvon. (2) This Local Law does not apply to advertisements affixed to, or painted on, a shop window by the occupier thereof and relating to the business carried on therein in compliance with the requirements of the First Schedule. 5.4 Development Signs A development sign shall; (a) only be erected where more than 4 subdivisional lots are to be produced in the development or the stage of development being advertised; (b) only be erected in the ratio of 1 square metre of area per hectare up to a maximum of 50 square metres with no individual sign exceeding 20 square metres; (c) not have any part thereof nearer any part of another Advertising Device erected on the same lot/site than as stated in column 10 of the First Schedule; and (d) be removed from the site within two years or when 80% of the lots in the subdivision have been sold, whichever is the sooner. 5.5 Direction Signs on Thoroughfare Poles A direction sign attached to a pole in a thoroughfare shall comply with the specifications in the First Schedule. 5.6 Election Signs (1) Signs erected on private properties such as residential lots shall be setback from the boundary of the property as set out in the columns 8 and 9 of the First Schedule. (2) Signs erected within thoroughfare reserves shall be— (a) a minimum distance from any intersection, including traffic island turnaround accessways as set out in column 10 of the First Schedule; (b) free standing and not affixed to any existing sign post, power or light pole, or similar structure; (c) placed so as not to interfere with pedestrian, cycling or automotive access within the thorough- fare reserve; (d) placed in such other position that an adjacent landowner who may not be of an individual political following is not compromised by such election signage. (3) All signs and posters erected shall be maintained in good order and repair. (4) Any signs or posters erected for electioneering purposes shall be removed within 24 hours of the close of polls on voting day. 5.7 Fence Signs Signs may, with approval be painted or affixed on the side or rear fence of lots, which are used for business purposes, but any such sign shall not be nearer to the thoroughfare than a distance equal to its own height above the ground. 5.8 Fly Posting No person shall advertise by means of fly posting at any place or location within the district of the Shire of Carnarvon except on the inside of shop windows with the owner’s approval and in compliance with poster specifications in the First Schedule.

GOVERNMENT GAZETTE, WA 98926 February 1998] 5.9 Hoardings Hoardings shall not— (a) be erected in a residential area; (b) except with the approval of Council, be erected within such distance of any thoroughfare or other public place as stated in column 8 and 9 of the First Schedule, and in any case not closer than its own height to a thoroughfare or public place; (c) be of greater area than as stated in column 4 of the First Schedule; (d) not have any part thereof nearer any part of another Advertising Device erected on the same lot/site than as stated in column 10 of the First Schedule. 5.10 Horizontal Signs A horizontal sign shall— (a) be fixed parallel to the wall of the building to which it is attached; (b) not project from the wall to which it is attached for a greater distance than stated in column 7 of the First Schedule. 5.11 Illuminated Signs Every illuminated sign shall— (a) satisfy the provisions of Clause 3.1; (b) have its electrical installation constructed and maintained to the satisfaction of Western Power; (c) comply with the specifications in the First Schedule; and (d) not have any part thereof nearer any part of another Advertising Device erected on the same lot/site than as stated in column 10 of the First Schedule. 5.12 Information Panels The Council may provide information panels or bays of varying sizes and charge fees for the inclusion of advertisements in such panels or bays. 5.13 Institutional Signs Institutional signs shall comply with the specifications in the First Schedule, except with the approval of the Council, but in any case shall not exceed in area that stated in column 4 of the First Schedule. 5.14 Portable Signs (1) Portable signs shall— (a) be located wholly within the boundaries of land or approved prolongation thereof owned or occupied by a person who erected or who has maintained the sign; (b) only advertise a product or service available within the boundaries of the land to which the sign relates; (c) not exceed a height stipulated in column 2 of the First Schedule as measured above the level of the ground immediately below it; (d) not exceed an area as stated in column 4 of the First Schedule; (e) be placed so as not to cause interference or hazard to vehicular traffic, or cause any interference or hazard to or impede pedestrians; (f) be of a design which prevents any movement of the sign by the wind; and (g) only be erected or maintained whilst the premises which the sign is referring to is open for business. (2) Where a portable sign is proposed to be located in a thoroughfare or public place, the owner of the business to which the sign relates, through his insurance company, shall provide Council with written evidence of indemnity arrangements made for public liability insurance in the joint names of the owner and the Council in respect to the portable sign. (3) Where indemnity is so provided as required in Sub Clause (2) such indemnity shall be to a limit of not less than five million dollars, and is to be acceptable in all other respects to the insurance company at the time acting for and on behalf of Council. (4) The indemnity shall be in the first instance provided to Council at the time of application and in all subsequent instances at the time of renewing of the licence for the portable sign and shall be continu- ously maintained for the duration of approval and use of the sign. 5.15 Projection Signs (1) No person shall install or operate a projection sign which can be seen from any thoroughfare, or other public place, onto a building, screen or structure without a licence issued by the Council nor without the consent of the owner of the building or structure. (2) No licence shall be issued; (a) unless the building, screen or structure onto which it is proposed to project such projection sign(s) is specified in the application for such licence; and (b) in respect of any such projection sign which when projected onto a building, screen or structure exceeds the specifications stated in columns 2, 3, 4 and 6 of the First Schedule. (c) Where it is proposed to project such projection signs onto a building, screen or structure in a series, one licence may be issued in respect of all the projection signs in that series provided that no projection sign other than that or those in respect of which a licence has been issued shall be projected.

GOVERNMENT GAZETTE, WA [26 February 1998990 (d) Where a licence has been issued pursuant to this Local Law the projection sign in respect of which it has been issued shall not be projected onto any building, screen or structure not speci- fied in such licence. (e) The owner or occupier of any building, screen or structure shall not permit any projection sign to be projected onto the same unless a licence has been issued pursuant to this Local Law. 5.16 Pylon Signs (1) A pylon sign shall— (a) not have any part thereof above the level of the ground immediately below it less than that stated in column 5 of the First Schedule; (b) except with the approval of Council not exceed the area as stated in column 4 of the First Schedule; (c) not project in or over any thoroughfare a greater distance than as stated in column 7 of the First Schedule; (d) where required by the Council be certified by a practising structural engineer in respect to the structural adequacy of the Advertising Device and supporting structures; (e) subject to Sub Clause 2, not be nearer the side boundaries of the lot on which it is erected than as stated in column 9 of the First Schedule; and (f) not have any part thereof nearer any part of another Advertising Device erected on the same lot than as stated in column 10 of the First Schedule. (2) Where a lot on which a pylon sign is to be erected abuts on an intersecting thoroughfare, the Council may authorise the erection of the Advertising Device at a lesser distance from the side bounda- ries than that prescribed by paragraph (e) of Sub Clause 1 but not less than 50% of required setbacks. 5.17 Roof Signs A roof sign shall— (a) not extend beyond the external walls of the building; (b) not exceed in height above the point of the roof to which it is fixed a greater distance than as stated in column 2 of the First Schedule; and (c) be certified by a practising structural engineer in respect to structural adequacy of the Adver- tising Device and supporting structures. 5.18 Rural Producer Signs A rural producer sign shall— (a) not indicate or display any matter other than advertising the sale of produce grown on the land on which the sign is erected; (b) be erected within the boundaries of the rural holding on which the produce offered for sale was grown; (c) not exceed the area as stated in column 4 of the First Schedule; and (d) not be of a height above the natural ground level than as stated in column 6 of the First Sched- ule. 5.19 Sale Signs (1) A person may erect a sale sign not exceeding the area as stated in column 4 of the First Schedule as follows— (a) in respect of an auction sale providing it is erected not more than 28 days before the date on which the auction sale is to be held and that it is removed not later than 7 days after the sale; (b) in respect of the sale of subdivisional land such sign is not permitted to remain for a period exceeding 6 months; and (c) advertising that flats and dwelling units in a building erected, or to be erected, on the land on which the sale sign is situated, are or will be available for letting or for purchase, providing that sale sign is not erected, or allowed to remain upon the land before the date of issue of the building licence in respect of such building, or after 3 months following the completion of the building. (2) No sale sign or Advertising Device shall be allowed to remain on any premises or property longer than 7 days after the purpose or event it advertised has occurred. 5.20 Sandwich Board Signs (1) Where a sandwich board sign is proposed to be located in a thoroughfare or public place the owner of the business to which the sign relates, through his insurance company, shall provide Council with written evidence of indemnity arrangements made for public liability insurance in the joint names of the owner and the Council in respect to the sandwich board sign. (2) Where indemnity is so provided as required in Sub Clause (1) such indemnity shall be to a limit of not less than five million dollars, and is to be acceptable in all other respects to the insurance company at the time acting for and on behalf of Council. (3) The indemnity shall be in the first instance provided to Council at the time of application and in all subsequent instances at the time of renewing of the licence for the sandwich board sign and shall be continuously maintained for the duration of approval and use of the sign. (4) A sandwich board sign shall— (a) not exceed the height as stated in column 2 of the First Schedule; (b) not exceed the area on each side as stated in column 4 of the First Schedule;

GOVERNMENT GAZETTE, WA 99126 February 1998] (c) relate only to the business activity of the advertiser; and (d) contain the word “open”. (5) A person shall not erect a sandwich board sign in any position other than immediately adjacent to the building or business to which the sign relates. (6) A person shall not erect more than one sandwich board sign in relation to the one building or business. (7) A person who erects a sandwich board sign shall remove it at the close of business each day and shall not erect it again until the commencement of business on the following or subsequent day. (8) A sandwich board sign shall be secured in position in accordance with requirements issued by the (9) A sandwich board sign shall be so located so as not to be or form a hazard to, or, obstruct the thoroughfare or access to any person using or wishing to use a footpath, thoroughfare or any other public place or wishing to cross a thoroughfare. 5.21 Semaphore Sign (1) A semaphore sign shall— (a) be fixed at right angles to the wall to which it is attached; (b) not project a greater distance than as stated in column 7 of the First Schedule from any point of attachment nor be of a greater height at any point than as stated in column 2 of the First Schedule; and (c) be fixed over or adjacent to the entrance to a building. (2) Not more than one semaphore sign shall be fixed over, or adjacent to any one entrance to a building or business. 5.22 Sign Infills (1) Notwithstanding the provisions of Clause 5.16, Council may permit the construction of a pylon sign infill at a lesser height than as stated in column 5 of the First Schedule where the pylon sign is located wholly within the lot boundaries and within a landscaped area. (2) Where pylon signs are to be erected on a lot on which unit factories or small shops are erected or are to be erected Council may require all the pylon signs to be incorporated into one pylon sign complying with the following— (a) initial approval is to be given to the pylon sign framework together with one or more sign infills; (b) an application is to be submitted and approval given for each additional infill; (c) all infills to be of an equal size and space is to be provided for not more than one infill for each shop or unit on the lot; and (d) where Council requires pylon signs to be combined, the total area of the infill signs specified may be increased to a maximum of 50% over that stated in column 4 of the First Schedule. 5.23 Tower Signs A tower sign shall not, unless otherwise approved— (a) exceed in height, one fifth of the height of the mast, tower or chimney stack on which it is placed; (b) extend laterally beyond any part of the mast, tower or chimney stack on which it is placed. 5.24 Verandah Signs (1) Signs Above Verandahs:—A sign above a verandah may be erected above the fascia of a verandah, if it does not exceed the height as stated in columns 2 and 6 of the First Schedule. (2) Signs on Verandah Fascias:—A sign fixed to the outer or return fascia of a verandah: (a) shall not exceed the height stated in column 2 of the First Schedule; and (b) shall not project beyond the outer metal frame or surround of the fascia. (3) Signs under Verandahs:—A sign under a verandah shall: (a) not exceed the length or height as stated in columns 2 and 3 of the First Schedule; (b) be fixed at right angles to the front wall of the building to which it is to be affixed except on a corner of a building at a thoroughfare intersection where the sign may be placed at an angle with the wall so as to be visible from both thoroughfares; (c) not be within 2 metres of another Advertising Device under the verandah. 5.25 Vertical Sign A vertical sign shall— (a) not project out from a wall a greater distance than as stated in column 7 of the First Schedule; (b) not project a greater distance than as stated in column 7 of the First Schedule above the top of the wall to which it is attached, nor a greater distance stated in column 10 of the First Schedule back from the face of the wall; (c) not be located nearer another Advertising Device on the same building than as stated in col- umn 11 of the First Schedule; (d) where placed on a corner of a building at a thoroughfare intersection it may be placed at an angle with the walls, so as to be visible from both thoroughfares; and (e) where required by the Council, be certified by a practising structural engineer in respect to the structural adequacy of the sign and supporting structures.

GOVERNMENT GAZETTE, WA [26 February 1998992 5.26 Wall Panels (Notice Boards) (1) Wall panels shall comprise a framework surround with a lockable transparent cover behind which separate notices may be pinned or affixed or painted with the approval of the property owner. (2) Such wall panels shall comply with the specifications as set out in columns 2, 3, 4, 6 and 7 of the First Schedule. (3) An individual notice pinned, affixed or painted on the panel shall not be displayed for periods in excess of 30 days duration without renewal. 5.27 Wall Sign (1) A wall sign painted or affixed to a wall of a structure shall comply with the specifications as set out in columns 2, 3, 4, 5, 6 and 7 of the First Schedule.

PART 6—OBJECTIONS AND APPEALS 6.1 The Right to Object and Appeal When the Council makes a decision under these Local Laws which an affected person could consider to be unfavourable, by— (a) refusing to grant a licence or other approval; or (b) cancelling, varying, or refusing to renew a licence or other approval; the affected person is to be given written reasons for the decision and advised of the person’s rights to object and appeal against the decision under Part 9, Division 1 of the Act. 6.2 Lodging a Valid Objection An objection— (a) may only be made if the person has not lodged an appeal; (b) is to be made to and is to be decided by the Council; (c) is to be in the form of the Fifth Schedule; and (d) is to be lodged with the Council within such time as is stated in the written notice given under Clause 6.1, being not less than 28 days after the decision was made. 6.3 Council Determines an Objection The Council is to consider any submissions made in support of an objection and may uphold or dismiss the objection, or vary its previous decision, and is to advise the person who made the objection of its decision and the reasons therefore. 6.4 Appeal—When Authorised An appeal may be made by an affected person if— (a) an objection to the decision has not been lodged, or an objection having been lodged, a written notice has not been received from the Council of how the objection was decided at the expiration of 35 days; or (b) an objection to the decision was lodged, and notice in writing has been received of how the objection was decided, and this is considered unfavourable by the person. 6.5 Making a Valid Appeal (1) An appeal is to be— (a) made to the Minister for Local Government unless it is against a decision that adversely affects the business or livelihood of the appellant, in which case it is to be made to the Local Court; (b) in the form of the Sixth Schedule; (c) given to the Minister or Local Court within 42 days after the original decision in the case of an appeal under Clause 6.4 (a) or within 42 days after the objection was decided in the case of an appeal under Clause 6.4 (b). (2) The appellant is to give a copy of the appeal to the Council as soon as practicable after the appeal is lodged. 6.6 Decision on Appeal (1) The Minister or the Clerk of the Court, as the case requires, is to advise the appellant in writing of the decision on the appeal and the reasons therefore. (2) The decision on an appeal is final and effect is to be given to the decision.

PART 7—ENFORCEMENT Division 1—Authorised Persons (1) The Council may appoint a person as an Authorised Person for the purposes of performing particu- lar functions under the Local Laws and a person shall not hinder or interfere with an Authorised Person in the course of that person’s duties. (2) An Authorised Person shall on demand show an identification of that person as such. Division 2—Impounding and Reinstatement The Council may take down and remove any Advertising Device, placed or erected on any thoroughfare, or other public place which is erected or maintained contrary to the requirements of these Local Laws, and may dispose of any Advertising Device or structures appurtenant thereto in accordance with the

GOVERNMENT GAZETTE, WA 99326 February 1998] impounding provisions of Part3 Division 3, subdivision 4 of the Act, and reinstate the thoroughfare, or public place or any other structure to which the Advertising Device was attached or upon which it was placed at the expense of the person or persons responsible for the depositing or erecting of the Advertis- ing Device thereon or injury thereto and recover any costs incurred in a Court of competent jurisdiction. Division 3—Offences (1) Every person who erects or permits the erection of an Advertising Device which does not comply with, or erects or permits to be erected an Advertising Device in a manner contrary to the provisions of these Local Laws commits an offence. (2) Every person who maintains an Advertising Device without a licence, or in respect to which a licence has expired, or has been cancelled, commits an offence. Division 4—Penalties Any person who is guilty of an offence against these Local Laws is liable to— (a) a penalty not exceeding $500.00, and (b) a daily penalty, during the breach, not exceeding $50.00.

GOVERNMENT GAZETTE, WA [26 February 1998994 Local Laws Relating to Advertising Device FIRST SCHEDULE SPECIFICATIONS To be read in conjunction with Part 5 to these Local Laws Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10 Column 11 Advertising Max Height Max Max Area Min Max Projection Setbacks Setbacks Other Location Device Type of Device Length/Width sq.m. Headroom m Height Above Max Front Side m mm of Device mm Ground m mm mm mm Animated Signs 1500 1000 3 2.4 6.0 nil 2000 1000 6 - Bill Posting 1000 3000 3 - 3.0 nil - - - Within Shops Building Name 1200 5000 2 3.0 6.0 100 nil 1000 - On Facade Development Sign 4000 5000 20 1.0 5.0 nil 15000 10000 15 Development Sites Direction Sign 200 3500 1 2.4 3.0 200 - 1000 - On Thoroughfare Pole Election Sign 1200 2000 2 - 3.0 600 3000 5000 30 - Fence Sign 1000 20000 - - - nil 2 x height - - - Fly Posting 1500 1200 0.5 - 2.5 nil - - - Within Shops only Hoarding 10000 15000 90 1.0 10.0 nil 10,000 5000 15 Non Residential Sites Horizontal Signs 1200 8000 8 1.0 5.0 200 nil 1000 - Fixed on Wall Illuminated Signs 5000 3000 5 2.4 6.0 900 2000 1000 36 - Information Panel 1200 2000 1.5 2.4 5.0 100 1000 1000 - - Institutional Sign 1200 2000 2 2.4 6.0 nil 3000 1500 - - Other Sign 6000 8000 30 - 6.0 nil 6000 3000 6 As Approved Portable Sign 1200 1000 1 - 1.2 nil 1000 1000 - Own Property Projection Sign 12000 12000 90 - 12.0 nil - - - - Pylon Sign 5000 3000 5 2.4 7.5 900 1000 2000 6 Min 6m clear of another sign Roof Sign 3000 5000 6 - 15.0 nil 1000 1000 - On Roof Rural Producers Sign 2000 3000 4 2.4 3.0 900 over 1000 1000 - - thoroughfare Sale Sign 3000 4000 5 - - - - - - - Sandwich Board Sign 1200 1000 1 - 1.2 nil 1000 1000 - Own Property Semaphore Sign 1000 3000 2 2.4 3.6 1500 - 1000 - - Sign Infill 3000 2000 4 2.4 7.5 nil 1000 1000 6 Between Pylons Tower Sign 20% of mast, width mast, tower - 2.4 - - - - - - tower or chimney or chimney at Verandah Sign Above Fascia 800 4000 3 - 5 nil - - - - On Fascia 900 6000 4 - - nil - - - - Below Fascia 900 4000 3 2.4 - nil - - - - Vertical Sign 3000 3000 5 - 15.0 900 - - 900 Min. 6m clear of another sign Wall Panel 1500 1500 3 - 3.0 100 - - - - Wall Sign 3000 8000 12 1.0 5.0 100 - - - -

GOVERNMENT GAZETTE, WA 99526 February 1998] SECOND SCHEDULE (CLAUSE 2.10) APPLICATION FOR LICENCE Application No........... I hereby apply for a licence for an Advertising Device to be erected subject to the Local Laws of the Shire of Carnarvon. Applicant Name: ............................................................................................................................................ Address: ................................................................................................... Telephone No: ............................. Location of Advertising Device: Lot No: ............................................ Thoroughfare No: ............................ Thoroughfare Name: ...................................................................................................................................... Describe Position of Advertising Device on Property: ................................................................................. ........................................................................................................................................................................ Advertising Devices Types Animated Signs Bill Posting Building Name Development Sign Direction Sign Election Sign Fence Sign Fly Posting Hoarding Horizontal Signs Illuminated Signs Information Panel Institutional Sign Other Sign Portable Sign Projection Sign Pylon Sign Roof Sign Rural Producers Sign Sale Sign Sandwich Board Sign Semaphore Sign Sign Infill Tower Sign Vertical Sign Wall Panel Wall Sign Verandah Sign— Above Fascia On Fascia Below Fascia Dimensions of Advertising Device ........................ mm width ........................ mm height ......................... mm depth ........................ area sq.m Materials and Construction of Sign & supports .......................................................................................... ........................................................................................................................................................................ ........................................................................................................................................................................ Inscription on Advertising Device (wording, motifs). ........................................................................................................................................................................ ........................................................................................................................................................................ .................................................................................................... ....................................................... Signature of Applicant Date Application form in duplicate to be attached to two (2) copies of— (i) Block plan with all site details (ii) Plans and elevations of Advertising Device proposed including all dimensions and structural information.

GOVERNMENT GAZETTE, WA [26 February 1998996 THIRD SCHEDULE (CLAUSE 2.1(2)) LICENCE FOR ADVERTISING DEVICE Licence No.: This licence is granted to:— (Name—Person/Company) ........................................................................................................................................................................ of (address) ..................................................................................................................................................... in respect of (type of device) .......................................................................................................................... on premises known as: Lot No: ...................... Thoroughfare No: ...................... Thoroughfare: ...................... in accordance with application number: ...................... and subject to the Local Laws of the Shire of Carnarvon Issued on the ......................................... day of ............................................................................ 199.......... Signed ................................................................................... Designation ..........................................................................

1. This licence shall be renewed annually and remain valid unless any alteration is made to the Adver- tising Device, then in such event, a new licence is required.
2. This licence is not valid unless accompanied by a receipt issued by the Shire of Carnarvon and current for that year.
3. This licence is to be displayed on the premises to which the Advertising Device relates at all times. FOURTH SCHEDULE (CLAUSE 2.1(2)) SPECIAL LICENCE FOR ADVERTISING DEVICE Licence No.: This licence is granted to:— (Name—Person/Company) ........................................................................................................................................................................ of (address) ..................................................................................................................................................... in respect of (type of device) .......................................................................................................................... on premises known as: .................................................................................................................................. address: .......................................................................................................................................................... for the period of .............................................................................................................................................. subject to the following terms and conditions— ........................................................................................................................................................................ ........................................................................................................................................................................ ........................................................................................................................................................................ ........................................................................................................................................................................ Signed ................................................................................... Designation .......................................................................... Date ...............................................

GOVERNMENT GAZETTE, WA 99726 February 1998] FORM 4 LOCAL GOVERNMENT (FUNCTIONS AND GENERAL) REGULATIONS 1996 [REG.33(1)] FIFTH SCHEDULE (CLAUSE 6.2) OBJECTION UNDER SECTION 9.5 OF THE ACT To the (1) . ...................................................................................................................................................... I, (2) ................................................................................................................................................................ of (3) ................................................................................................................................................................ hereby object to the (4) .................................................................................................................................. ........................................................................................................................................................................ to (5) ............................................................................................................................................................... ........................................................................................................................................................................ ........................................................................................................................................................................ The grounds of my objection are as follows: (6) .................................................................................................................................................................... ........................................................................................................................................................................ ........................................................................................................................................................................ In support of my objection I attach the following: (7) .................................................................................................................................................................... ........................................................................................................................................................................ ........................................................................................................................................................................ (8) ............................................... (9) ............................................... Person objecting (1) Insert name of local government. (2) Insert full name of person objecting. (3) Insert postal address of person objecting. (4) Identify decision to which objection is made. (5) Give details of decision. (6) Give details of objection. (7) Plans, specifications, letters, notices, or other appropriate documents. (8) Insert date. (9) Insert signature of person objecting.

GOVERNMENT GAZETTE, WA [26 February 1998998 FORM 5 LOCAL GOVERNMENT (FUNCTIONS AND GENERAL) REGULATIONS 1996 [REG.34(1)] SIXTH SCHEDULE (CLAUSE 6.5) APPEAL UNDER SECTION 9.7 OF THE ACT To the (1) ............................................................................................................................................. I, (2) .................................................................................................................................................... of (3) ................................................................................................................................................... hereby appeal against the (4) ................................................................................................................ ............................................................................................................................................................ to (5) ................................................................................................................................................... ............................................................................................................................................................ ............................................................................................................................................................ The grounds of my appeal are as follows: (6) ....................................................................................................................................................... ............................................................................................................................................................ ............................................................................................................................................................ In support of my appeal I attach the following: (7) ....................................................................................................................................................... ............................................................................................................................................................ ............................................................................................................................................................ (8) ................................. (9) ................................. Appellant (1) Insert (a) Minister for Local Government (b) Clerk of the Court (2) Insert full name of appellant. (3) Insert postal address of appellant. (4) Identify decision against which appeal is made. (5) Give details of decision. (6) Give details of grounds for appeal. (7) Plans, specifications, letters, notices, or other appropriate documents. (8) Insert date. (9) Insert signature of appellant.

GOVERNMENT GAZETTE, WA 99926 February 1998] LOCAL LAWS REVOCATION enabling it, the Council of the Shire of Carnarvon hereby records having resolved on the 26th day of November 1997, to make the following Local Laws. Revocation The following Local Laws are hereby revoked— By-Laws Relating to Stalls and Stallholders as published in the Government Gazette on 13 November 1987. Council in the presence of —

GOVERNMENT GAZETTE, WA [26 February 19981000 LOCAL GOVERNMENT ACT LOCAL LAWS enabling it, the Council of the Shire of Carnarvon hereby records having resolved on the 26th day of November 1997 to make the following local laws. REVOCATION The Municipal By-laws, made by the Shire of Carnarvon and published in the Government Gazette on