17 September 1993, are hereby revoked.
These Local Laws may be cited as the Shire of Carnarvon Local Government Act Local Laws.
INTERPRETATION AND DEFINITION
In these Local Laws unless the context otherwise requires—
“Act” means the Local Government Act 1995 (as amended)
“Animal” means any animal other than a dog;
“Appointed Place” means a yard or other piece of land set aside as a place to which obstructing
vehicles may be removed, pursuant to these Local Laws;
“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;
“Cycle” means any one wheeled, two wheeled or three wheeled vehicle that is designed to be pro-
pelled solely by human power;
“Cycle Traffic Control Device” includes any sign, signal or pavement marking which is placed or
erected for the purpose of regulating, warning or guiding dual use path users;
“Building Line” shall have the meaning as given in the Act;
“Carriageway” means a portion of a thoroughfare that is improved, designed or ordinarily used for
vehicular traffic, and includes the shoulders and areas, including embankments at the side or
centre of the carriageway, used for the standing or parking of vehicles; and where a thorough-
fare has two or more of those portions divided by a median strip, the expression means of those
portions, separately;
“CEO” means the Chief Executive Officer or Acting Chief Executive Officer for the time being of the
Shire of Carnarvon;
“Community Association” means an institution, association, club, society or body, whether incorpo-
rated or not, the objects of which are of charitable, benevolent, religious,, cultural, educational,
recreational, sporting or other like nature and the members of which are not entitled or permit-
ted to receive any pecuniary profit from the transactions thereof;
“Commercial Area” means an area which is within a Commercial Zone under the provisions of a
Shire of Carnarvon Town Planning Scheme;
“District” means the District of the Shire of Carnarvon;
“Dual Use Path” means a footway or other pathway for shared use by both cyclists and pedestrians;
“Fence” means a fence, wall or screen wall including a dividing fence as defined by the Dividing
Fence Act, 1961-1969 (as amended) erected along the perimeter or any part thereof of the set-
back area or erected within the setback area;
“Footway” includes every footpath, lane or other place—
intended for use of pedestrians only or, in the case of a dual use path, for the use of pedes-
trians and bicyclists only; or
habitually used by pedestrians and not by vehicle or, in the case of a dual use path, by
pedestrians and bicyclists and not by vehicles other than bicycles;
“Form” means a form in the Schedules to these Local Laws;
“Frontage” means the boundary line between a lot and the thoroughfare upon which that lot abuts;
“Hawker” means a hawker, pedlar or other person who, with or without any horse of other beast
bearing or drawing burden, travels and trades and goes from town to town or to other men’s
houses soliciting orders for or carrying to sell or exposing for sale any goods, wares or merchan-
dise, but does not include—
(a) commercial travellers or other persons selling or seeking orders for goods, wares or mer-
chandise to or from persons who are dealers therein, or selling or seeking orders for books
or newspapers;
GOVERNMENT GAZETTE, WA 100126 February 1998]
(b) sellers of vegetables, fish, fruit, newspapers, brooms, matches, game, poultry, butter,
eggs,milk, or any victuals;
(c) persons selling or exposing for sale goods, wares or merchandise in any public market or
fair lawfully established, or upon any racecourse, agricultural show ground, or public rec-
reation ground;
(d) sellers of goods of their own manufacture;
(e) persons representing a manufacturer whose goods are sold direct to consumers only and
not through the medium of a shop;
“Industrial Area” means an area which is within an Industrial Zone under the provisions of a Shire
of Carnarvon Town Planning Scheme;
“Intensive Horticulture Area” means an area which is within an intensive horticulture zoned under
the provisions of a Carnarvon Town Planning Scheme. Such area shall be treated as a Rural
Area;
“Intersection” includes the area comprised within imaginary straight lines joining in succession the
points of transection of the property lines of two or more thoroughfares that meet each other;
except that where the property lines are curbed at any corner, the point of transection of the
property lines shall be regarded as the point on the curve nearest to the point at which those
property lines, if extended in straight lines from each end of the curve would meet;
“Junction” includes that part of a thoroughfare lying between imaginary straight lines at right
angles to the thoroughfare commencing from the points of transection formed by its own prop-
erty lines with the property lines of a thoroughfare which abuts thereon; except that where the
property lines are curved at any corner, the point of transection formed by the property lines
shall be determined in the same manner as is provided in the definition of “intersection”;
“Licence” means a licence issued pursuant to these Local Laws;
“Licensee” means a person to whom a licence is granted under these Local Laws;
“Manager” in relation to the Swimming Pool means the contractor or other suitably qualified person
employed by the contractor to undertake the day to day management of the Swimming Pool;
“Member of the Police Force” means a member of the Police Force of Western Australia;
“Obstruct” means impede or hinder in passing;
“Property Line” means the boundary between the land comprising a thoroughfare and the land that
abuts thereon;
“Public Place” includes a thoroughfare or place which the public are allowed to use, whether the
thoroughfare or place is or is not on private property;
“Reserve” includes park lands, squares, reserves, beaches and other lands, included in the Shire of
Carnarvon, and set apart for the use and enjoyment of the inhabitants of the district and in-
cludes parks and other lands acquired for public purposes, and vested in or under the care,
control, or management of the Shire of Carnarvon.
“Residential Area” means an area of the district that is zoned Residential or which is zoned princi-
pally for a residential purpose by a Town Planning Scheme or Local Law for the time being in
force;
“Right of Way” means a right of way described in Part VIII Section 167A of the Transfer of Land Act,
1893-1972;
“Road Traffic Act” means the Road Traffic Act 1974, as amended;
“Road Traffic Code” means the Road Traffic Code 1975;
“Rubbish” means all house, commercial and industrial refuse, garbage and all wastes (except sewer-
age and liquid waste) produced or accumulated in or about any premises or land within the
Shire and includes stones, bricks, limes, timber, iron, tiles, bags,. plastics, and any broken, used
or discarded matter whatsoever whether of the same kind or type or otherwise;
“Rural Area” means an area of the district that is classified or zoned as a Rural Zone or which is
zoned principally for rural purposes by a Town Planning Scheme or Local Law for the time being
in force and includes any land within the Shire used solely or predominantly for rural purposes;
“Schedule” means a schedule to these Local Laws;
“Season” in relation to the swimming pool means the period of consecutive months in which the
swimming pool is open to the public and as agreed upon from time to time by Council;
“Shopping Trolley” means a vehicle used or designed for use by customers of shops for the purpose of
transporting goods and merchandise;
“Special use Zone” shall be as defined in a Shire of Carnarvon Town Planning Scheme. The principal
use of the area shall be determined as one of Residential, Commercial, Industrial or Rural for
the purpose of these Local Laws;
“Stall” means a movable or temporarily fixed structure, stand or table in, on or from which goods,
wares, merchandise or services are sold or offered for sale;
“Stallholder” means a person in charge of a stall;
“Thoroughfare” means a road or other thoroughfare and includes structures or other things appur-
tenant to the thoroughfare that are within its limits, and nothing is prevented from being a
thoroughfare only because it is not open at each end:
“Thoroughfare Alignment” means the boundary between the land comprising the thoroughfare and
a lot that abuts thereon, but where a new thoroughfare alignment if prescribed means the new
thoroughfare alignment so prescribed;
GOVERNMENT GAZETTE, WA [26 February 19981002
“Thoroughfare Verge” means that portion of a thoroughfare which lies between the edge of the por-
tion of a thoroughfare that is improved, paved, designed, or ordinarily used for vehicular traffic
and the nearest property line and includes any park or reserve or any other land proclaimed by
the Council for any purpose whatsoever and which lies adjacent to the boundaries of any car-
riageway;
“Town Planning Scheme” means a Shire of Carnarvon Town Planning Scheme or Interim Develop-
ment Orders for the time being in force under the provisions of the Town Planning and Develop-
ment Act 1928, (as amended) and relating to all or part of the municipality of the Shire of
Carnarvon;
“Trading” means selling goods, wares, merchandise or services, or offering goods, wares, merchan-
dise or services for sale, in a thoroughfare or other public place and includes displaying goods,
wares or merchandise for the purpose of offering them for sale, inviting offers for sale, soliciting
orders or carrying out any other transaction therein, but does not include the setting up of a
stall, or the conducting of business at a stall, under the authority of a licence issued under these
Local Laws;
“Vehicle” includes—
(a) every conveyance, not being a train, vessel or aircraft, and every object capable of being
propelled or drawn, on wheels or tracks, by any means;
(b) where the context permits, an animal being drawn or ridden, and;
(c) in relation to the vehicle wrecking Local Laws, an old, second hand or disused motor vehi-
cle or any old, second hand or disused machinery, whether part of a motor vehicle or not;
(d) a shopping trolley as defined in these Local Laws;
“Verandah” for the purpose of these Local Laws includes cantilever awnings, cantilever verandahs
and balconies whether over public thoroughfares and ways or over private land;
“Wreck” includes the dismantling, breaking up, storage and disposal of vehicles and inflexions and
derivatives of the verb have a corresponding meaning;
BLOWING OF MATERIALS
1.1 No person shall permit paper, sand or other materials used during the progress of works or during
the loading or unloading of goods to be blown upon any thoroughfare or public place.
EXPECTORATION
2.1 No person shall expectorate on any portion of a thoroughfare or public place.
UNREASONABLE DISTURBANCE
3.1 No person shall—
3.1.1 sound or make any noise by use of a gramophone, amplifier, wireless appliance, bell or other
instrument or appliance in or upon any thoroughfare or public place which unreasonably disturbs or
causes annoyance to, occupiers or properties in the vicinity;
3.1.2 play any musical instrument or sing in any thoroughfare or public place so as to unreasonably
disturb or cause annoyance to occupiers of property in the vicinity;
DAMAGE TO COUNCIL SIGNS AND STRUCTURES
4.1 No person shall damage, deface, remove or otherwise interfere with any signpost, direction plate,
guidepost,notice, shelter, shed, fence or any structure erected by the Council in or over any thoroughfare
or public place.
RUBBISH
5.1 No person shall—
5.1.1 deposit any rubbish, bottles, glass or litter in any thoroughfare or public place except in a
receptacle provided for that purpose by the Council;
5.1.2 throw, place or leave or cause to be thrown, placed or left, fruit or fruit skins or peel or other
vegetable substances in any thoroughfare or public place except in a receptacle provided for that
purpose by Council;
5.1.3 light a fire or burn rubbish or other materials in a thoroughfare or public place;
TRAINING AND RACING OF ANIMALS
6.1 No person shall train or race an animal in any thoroughfare.
HOIST ETC. OVER THOROUGHFARE
7.1 No person shall, without the written authority of Council—
7.1.1 provide, erect, install or use in or on any building, structure, or land abutting on any thorough-
fare or other public place any hoist or other things for use above the level of such thoroughfare or
other public place;
7.1.2 permit goods or merchandise, including firewood, soil, fertilisers and building material from
remaining in a thoroughfare or other public place for longer period than is necessary for delivering
the goods, merchandise or wares into the place of delivery;
7.1.3 fell a tree on or across a thoroughfare so as to prevent vehicles or persons having the free or
unhindered use of the thoroughfare.
GOVERNMENT GAZETTE, WA 100326 February 1998]
8. VACANT
9. VACANT
10. VACANT
11. POUNDS
11.1 In accordance with Section 449 of the Local Government (Miscellaneous Provisions) Act, 1960,
whereby Council may establish and maintain a pound, Reserve No. 18999 being the Council Depot,
Robinson Street, Carnarvon is nominated as the public pound.
11.2 Fees and charges for the period of which cattle are impounded shall be in accordance with the
Fifteenth Schedule to the Local Government (Miscellaneous Provisions) Act, 1960.
12. RESERVES
12.1 Revocation
The Reserves By-Laws published in the Government Gazettes on 23 August 1972 and 17 May 6 1991 are
hereby revoked.
12.2 No person—
12.2.1 except with the prior written permission of the Council shall light any fire within a reserve
other than a fire for a barbecue or other similar purpose which is lit in a fire proof construction;
12.2.2 except an employee of the Council in the course of that person’s duties shall ride or drive any
vehicle within a reserve except at or upon such place or places as the Council provides for that
purpose and then only at a speed not exceeding 15 kilometres per hour. Notwithstanding that, this
clause shall not apply to persons using wheelchairs or motorised wheelchairs;
12.2.3 except with the prior written permission of the Council, shall take onto and consume any
liquor on a reserve. For the purpose of this clause, any person having in his possession on a reserve,
any receptacle containing liquor which has been opened for consumption, shall be deemed to have
consumed liquor on the reserve, and shall—
(a) surrender the receptacle and contents to an Authorised Person on demand; and
(b) be guilty of an offence.
12.2.4 except with the prior written permission of the Council shall camp, lodge or tarry overnight
on a reserve or frequent a reserve for the purpose of camping, lodging or tarrying overnight thereon.
13. DANGEROUS OR OFFENSIVE THINGS
13.1 No person shall except under authority of a licence issued by the Council and upon such conditions
as the Council shall see fit to impose keep within the district any animal or bird or any other thing
whether animate or inanimate which, in the opinion of the Council, is offensive or dangerous.
13.2 No person shall carry out any activity, conduct any business or engage in any undertaking on any
land or premises in such a manner as to permit the escape therefrom of noise, smoke, dust, sawdust,
fumes or waste in such a quantity or to such an extent or in such a manner as to create a nuisance to any
other person.
14. OLD REFRIGERATORS AND CABINETS
14.1 No person shall place in, or about any rubbish depot, tip or dump, sanitary depot, public reserve,
public place or unfenced vacant land, any refrigerator, ice chest, ice box, furniture, trunk or other thing,
whether of the same kind as, or of a different kind from, those in this clause, specified, that has in it a
compartment of a capacity of 0.04 cubic metres or more, unless before so placing it, there has been
removed from the compartment every door, lid, lock and hinge therefore or otherwise has rendered every
such door or lid incapable of being fastened.
15. HORSES
15.1 Excepting where otherwise permitted no person shall ride, tether or otherwise permit a horse to be
on any portion of the sea shore as prescribed in the First Schedule to these Local Laws.
16. KEEPING OF GOATS
16.1 No person shall, except in a Special Residential Zone, a Rural Zone, an Intensive Horticultural
Zone or a Special Rural Zone as defined in the Shire of Carnarvon Town Planning Scheme keep goats
unless that person is authorised by and is the holder of a Certificate of Registration issued pursuant to
16.2 Any person who desires to keep goats unless within a Special Residential Zone, a rural Zone, an
Intensive Horticultural Zone or a Special Rural Zone shall make application in writing to the Council.
16.3 The Council, subject to the area of land being not less than 2,000 square metres, may grant a
Certificate of Registration to the applicant in respect to the keeping of goats and may determine the
number of goats that may be kept.
16.4 An application for registration to keep goats shall be made in the form of Form 1 of the Second
Schedule and in addition shall include—
16.4.1 in respect to all areas, details of the purpose for which it is intended to keep the goats;
16.4.2 in respect to areas zoned for residential development, a medical certificate stating that, due
to medical reasons, goats milk is required for a resident of the premises where it is intended to keep
goats; and
16.4.3 plans and specifications of any structures, yards, pens and enclosures for housing of the goats
complying with the terms of these Local Laws and showing the site of the proposed structure, yards,
pens and enclosures.
GOVERNMENT GAZETTE, WA [26 February 19981004
16.5 A certificate of registration—
16.5.1 shall be issued by the Council substantially in the form of Form 2 of the Second Schedule,
setting out a copy of the particulars therein furnished;
16.5.2 is not transferable without the written consent of the Council.
16.6 The person to whom a Certificate of Registration has been issued shall—
16.6.1 prevent the goats from being at large in any yard, pen, enclosure or place unless provision is
made to prevent such animals from approaching within 18 metres of any house, shop, or place where
food is manufactured, stored or exposed for sale;
16.6.2 where such goats are kept in other than a Rural, Special Rural or Intensive Horticultural
Zone, provide at the place where the goats are kept a structure for the housing of the goats and such
structure shall comply with the following—
16.6.2.1 it shall not be at any less distance than 18 metres from any house, shop, or place where
food is manufactured, stored or exposed for sale;
16.6.2.2 it shall have walls constructed of concrete, masonry, stone, timber, galvanised iron or
other approved material;
16.6.2.3 it shall have a roof constructed of approved impervious material;
16.6.2.4 there shall be on all sides of the structure between the wall and the roof a continuous
clear space of at least 150mm in height;
16.6.2.5 the surface of the floor shall be raised at least 75mm above the surface of the surround-
ing ground, and shall be constructed of some impervious material and the floor shall have a fall
of one in one hundred to a drain, and;
16.6.3 where such goats are kept in a Rural, Special Rural or Intensive Horticultural Zone, provide
at the place where goats are kept a structure for the housing of goats as determined by the Council;
16.6.4 provide an approved flyproof receptacle for manure;
16.6.5 collect and place all manure produced on the premises in the receptacle for manure at least
once daily;
16.6.6 empty the receptacle for manure at least once weekly and dispose of the manure in a manner
and at such place as approved by the local government;
16.6.7 maintain all structures for housing of the goats and all yards, pens and enclosures appurte-
nant thereto in a clean condition and such structures, yards, pens and enclosures shall be cleansed
and disinfected when so ordered by an Environmental Health Officer and;
16.6.8 keep the goats in a manner so as not to create a nuisance.
16.7 A person shall not keep any goat at a place other than that specified in the Certificate of Registra-
tion.
16.8 A certificate of Registration issued pursuant to these Local Laws, shall, unless sooner cancelled,
remain in force from the date specified on the Certificate of Registration until the thirty first day of
December of that year.
16.9 Every such person who has been granted Certificate of Registration for the keeping of goats shall
annually, and in the first week of January make application for the renewal of registration of such goats,
and with such application shall pay a fee as determined by the Council from time to time.
16.10
16.11 The Council may cancel a Certificate of Registration issued pursuant to these Local Laws where a
person commits an offence against these Local Laws.
16.12 Where a person keeps goats in a manner contrary to the requirements of these Local Laws an
authorised person—
16.12.1
16.12.2 may seize goats found at large in any thoroughfare and other public place;
16.12.3 may impound goats found wandering at large in any thoroughfare and other public places,
at the place prescribed in and as per the requirements of clause 11 to these Local Laws.
16.12.4 shall, when the goat is impounded, deal with it as though that animal had been impounded
in accordance with the requirements of clause 17 to these Local Laws;
17. REMOVAL AND DISPOSAL OF OBSTRUCTING ANIMALS AND VEHICLES
17.1 For the purpose of these Local Laws—
17.1.1 an animal that is secured in any portion of a public place wherein animals may lawfully be
secured is not obstructing unless it is so secured for a period exceeding eight hours without the
consent, in writing, of the CEO;
17.1.2 a vehicle that is parked or otherwise left in any portion of a public place wherein vehicles may
lawfully be parked is not obstructing, unless—
17.1.2.1 the vehicle is so parked for any period exceeding twenty four hours, without the consent
in writing of the CEO;
17.1.2.2 the vehicle is so parked or otherwise left during any prohibited or restricted periods, if
by any sign, the parking of vehicles is prohibited or restricted;
17.1.3 a vehicle which is parked in or otherwise left in or an animal which is secured in or otherwise
left in any portion of a public place wherein vehicles may not lawfully be parked is deemed to be
causing an obstruction.
GOVERNMENT GAZETTE, WA 100526 February 1998]
17.1.4 a shopping trolley left in a public place is not obstructing for the purposes of these Local
Laws, unless it is so left for any period exceeding three hours without the consent in writing of the
CEO of the Council.
17.2 A person shall not secure or otherwise leave any animal or park or otherwise leave any vehicle in a
public place so as to obstruct any portion of that place.
17.3 A person who leaves an animal or vehicle in a public place, contrary to the provisions of clause 17.1
of these Local Laws commits an offence.
17.4 The Council may—
17.4.1 appoint a person as an authorised person for the purposes of these Local Laws;
17.4.2 in accordance with clause 11 to these Local Laws appoint a yard or other piece of land as a
place to which animals or vehicles may be removed pursuant to these Local Laws and shall give
notice in the Gazette and in a newspaper circulating within its district of the situation of any ap-
pointed place.
17.5 Where an authorised person or a member of the Police Force finds an animal or vehicle left in a
public place, contrary to the provisions of these Local Laws, he may remove the animal or vehicle therefrom
and shall, thereupon—
17.5.1 in the case of an animal, place it in the public pound as prescribed in clause 11 of these Local
Laws;
17.5.2 in the case of a vehicle, place it in an appointed place.
17.6 Where an authorised person places an animal in a public pound, pursuant to these Local Laws, the
animal shall thereafter be dealt with according to law.
17.7 Where an authorised person places an animal or vehicle in an appointed place or public pound,
pursuant to these Local Laws, he shall enter in a register to be provided by the Council for that purpose,
details of the time and date, a description of the vehicle, and of the place from which it was removed, and
shall notify the CEO of the Council.
17.8 The CEO shall exhibit on the Notice Board of the Council a notification that an animal or vehicle
therein described has been placed in the appointed place or public pound and shall, unless the vehicle is
sooner recovered, keep that notification exhibited for a period of not less than seven days.
17.9 The procedural provisions of Part 3, Division 23, Subdivision 4 of the Act shall apply generally
when an animal or vehicle is impounded.
17.10 For the purpose of determining whether a person claiming possession of a seized animal or vehicle
is the owner of such animal or vehicle the CEO may demand reasonable proof.
17.11 Every person who removes an animal or vehicle from an appointed place or public pound without
the authority of the CEO commits an offence.
18. VEHICLE WRECKING AND STORAGE
18.1 No person shall—
18.1.1 store a disused motor vehicle, an old motor vehicle body or any old machinery;
18.1.2 dismantle or break up a disused motor vehicle, an old motor vehicle or any old machinery;
on any land, other than such as is zoned for industrial purposes,or an appropriate special industrial
purpose or for noxious trade purposes, under a town planning scheme made pursuant to the Town Plan-
ning and Development Act 1928, or under a Zoning Local Law.
18.2 Where any person has stored or caused to be stored or permitted to be stored any old or disused
vehicle or machinery or part thereof and in the opinion of the Council, it is causing an unsightly condi-
tion that person shall be given written notice requiring the abatement of the unsightly condition.
18.3 A person wrecking vehicles under the provisions of this clause shall not—
18.3.1 engage in the activity on a Sunday without the written authority of Council;
18.3.2 engage in the activity on any other day between the hours of 7.00pm on one day and 7.00am
on the following day.
18.3.3 do so unless—
18.3.3.1 inside a building; or
18.3.3.2 within an area enclosed by a fence or wall not less than two metres in height and of
such nature as to screen the vehicles being wrecked from the thoroughfare and from the adjoin-
ing properties. Such fence shall comply with the requirements of the Shire of Carnarvon Fenc-
ing Local Laws in all other respects.
18.4 Every person wrecking or storing a vehicle shall—
18.4.1 comply with all Local Laws relating to nuisances;
18.4.2 maintain those vehicles that are not immediately required to be dismantled or broken up or
that have been dismantled and broken up and are not immediately disposed of or are otherwise to be
stored on the land, in neat rows not exceeding 2 metres in height; and
18.4.3 provide a screen of trees or shrubs of a fence between the building line and the thoroughfare
alignment to the satisfaction of the Council, but not as to restrict visibility at an intersection.
18.5 A person wrecking or storing vehicles shall not—
18.5.1 store any vehicles—
18.5.1.1 over any area of land exceeding one hectare;
GOVERNMENT GAZETTE, WA [26 February 19981006
18.5.1.2 in any number exceeding 1000 per hectare, where the vehicles have been reduced by
pressure or other process, to a max of 1.75 cubic metres or less, or exceeding 250 per hectare
where they have not been so reduced; or
18.5.1.3 except within a building, between a building line and a thoroughfare alignment within
9 metres of a thoroughfare alignment or within 3 metres of land not in the same occupancy.
18.5.2 destroy any portion of a vehicle by fire, so that annoyance is occasioned to occupiers of adjoin-
ing land by smoke or odour.
19. TREES
19.1 It shall be lawful for the Council to—
19.1.1 plant, or cause to be planted, such trees, shrubs or plants as shall be considered necessary
and desirable at any place in any thoroughfare, reserve or other land or place within the boundaries
and under the control or management of the Council;
19.1.2 erect or cause to be erected, such fences, guards, or protections as shall be considered neces-
sary or desirable for the maintenance and protection of such trees, shrubs and plants.
20. PLANTING OF LAWNS AND GARDENS
20.1 A person—
20.1.1 shall not plant a garden in a thoroughfare, except pursuant to approval issued by the Council
and then only in conformity with these Local Laws;
20.1.2 shall, where being the owner of occupier of the land which abuts on that portion of a thorough-
fare apply to Council and Council shall not issue approval for planting of a garden in that portion of
a thoroughfare to any other person;
20.1.3 shall, where requiring approval to plant a garden in a thoroughfare, submit to Council a
sketch plan setting out details of the proposed garden and proposed garden beds, in relation to the
frontage of their property and the carriageway;
20.1.4 shall not plant a lawn or garden, in a thoroughfare—
20.1.4.1 so that it extends beyond the frontage in respect to which the permit is issued;
20.1.4.2 so that it encroaches on the pavement of a carriageway, or on a made footpath;
20.1.4.3 that is not graded evenly from the frontage of the land abutting on the portion of the
thoroughfare to the kerb of the carriageway;
20.1.5 shall not water a thoroughfare lawn, or garden in such a manner as will, or may, occasion
inconvenience to persons using the adjoining carriageway or footpath;
20.1.6 shall not plant any tree or shrub that is grown, or is of a variety likely to grow so as to cause
an obstruction or interference with vision of persons driving vehicles approaching, entering or pass-
ing through an intersection of two thoroughfares.
20.2 Notwithstanding the requirements of clause 20.1 to these Local Laws—
20.2.1 where a lawn or garden has been planted in a thoroughfare before the coming into operation
of these Local Laws, the Council may require that lawn or garden be brought into conformity with
20.2.2 the Council may at any time, by notice in writing to the owner or occupier of land that abuts
upon that part of a thoroughfare wherein a lawn or garden is planted, require that owner or occupier
to remove any tree, shrub or water piping or fitting and may, where the owner or occupier does not
comply with the notice, remove the tree, shrub, piping or fitting at the expense of the owner of
occupier, and any expense incurred by the Council pursuant to this clause may be recovered in a
court of competent jurisdiction.
21. MAINTENANCE OF LAWN AND GARDEN
21.1 A person planting a lawn or garden in a thoroughfare shall—
21.1.1 do all things reasonably necessary to maintain that lawn or garden;
21.1.2 keep the lawn mowed to a reasonable height; and
21.1.3 make good any damage occasioned in the thoroughfare during, or due to, the undertaking of
such maintenance or mowing of lawns.
21.2 Where, as part of the planting of a lawn or garden a person installs or lays water pipes or any other
form of reticulation requiring the crossing of a footpath, or thoroughfare they shall—
21.2.1 be installed or laid beneath the surface of the thoroughfare at a depth of not more than 300
millimetres, not less than 150 millimetres and so that any fixture or fitting connected to them does
not project above the surface of the lawn or garden bed or otherwise constitute a hazard to the
public;
21.2.2 if connected to a public water supply, be installed or laid so that to comply with the require-
ments of the body constituted for, and having the control of, that supply under the Act, or any other
Act, Regulations or Local Laws.
21.2.3 if connected to a private supply, where passing under road pavement, made footpaths or
crossings, be of approved materials; and
21.2.4 have approved valves, located within the property where they are to be connected to the
supply and fitted so as to give complete control of the flow of water from the supply.
GOVERNMENT GAZETTE, WA 100726 February 1998]
21.3 Where a person, in the course of installing or laying pipes pursuant to this clause, causes damage
to any road pavement, footpath, or crossing or to any water, gas or sewerage pipes, or to any power or
telephone cables or to a fire hydrant, that damage may be made good, by the authority having the
control of the thing damaged at the expense of that person or of the person on which behalf the pipes
were installed or laid, and the amount of that expense may be recovered in any court o competent
jurisdiction.
22. REQUIREMENTS OF COUNCIL OR AUTHORISED PERSONS IN RELATION
TO THOROUGHFARE LAWNS AND GARDENS
22.1 The Council or its authorised person or any person empowered or authorised to dig up a thorough-
fare may—
22.1.1 without being liable to compensate any person therefore, dig up all or part of a lawn or garden
in a thoroughfare for the purpose of carrying out any authorised works;
22.1.2 where it is of the opinion, that the carrying out of authorised works may impede the existence
of piping, or any fixtures of fittings under a lawn or garden in a thoroughfare, may give notice to the
owner or occupier of the land abutting on the lawn or garden to remove the piping, fixtures or
fittings until the completion of the works, and may, where the owner or occupier does not comply
with the notice, remove the piping, fixtures or fittings at the expense of the owner or occupier, and
any expense incurred by the Council, its authorised person or authority pursuant to this clause may
be recovered in a court of competent jurisdiction.
22.2 A person employed by the Council or other authority acting pursuant to sub clause 22.1.2.
22.2.1 shall not disturb a lawn or garden or damage any pipes laid under it or them to any greater
extent than is reasonably necessary for the purpose of carrying out any authorised works and shall,
upon the completion of the works, reinstate the lawn or garden, as far as is reasonably practicable.
23. STOPPING OF VEHICLES OR ANIMALS ON LAWNS OR GARDENS
23.1 A person, not being the occupier of the land abutting on that lawn or garden, shall not, without the
consent of that occupier, drive or stop a vehicle or animal upon a lawn or garden planted in a street
pursuant to these Local Laws.
23.2 Where a complaint brought under this clauuse is in respect of the driving of a vehicle upon a lawn
or garden, if the pavement of the carriageway adjoining the law or garden does not exceed 5 metres in
width, it is a sufficient defence to the complaint to show that—
23.2.1 the wheels of one side only of the vehicle passed over the lawn or garden; and
23.2.2 it was necessary to drive upon the lawn or garden, in order to pass another vehicle then being
driven or stopping on the pavement of the carriageway.
24. LIABILITIES FOR DAMAGE TO THOROUGHFARE LAWNS AND GARDENS
24.1 The Council or other authorised person shall not be liable for damage to any fixture or fitting under
a lawn or garden in a thoroughfare occasioned either in the course of the removal of the piping under the
provisions of sub clause 22.1.2 of the Local Laws or of carrying out authorised works.
24.2 The Council is not liable for any damage or injury sustained by a person by reason of, or arising out
of, the planting, or existence of a lawn or garden in a thoroughfare.
25. WILFUL DAMAGE TO A LAWN OR GARDEN
25.1 Notwithstanding the above, except as provided by these Local Laws, every person who wilfully
damages a lawn or garden in a thoroughfare or who removes from any such garden any flower, plant or
shrub commits an offence.
26. PREVENTION OF DAMAGE TO FOOTPATHS
26.1 Excepting in the instance of a person using a wheel chair no person shall—
26.1.1 drive any vehicle over or across a footpath except at a specially constructed crossing place,
unless with the permission of the Council or its authorised person and in accordance with these
Local Laws;
26.1.2 drive a vehicle or permit a vehicle to be driven across a footpath if such vehicle is so heavy or
is of such a nature that it causes or is likely to cause damage to the paving of the footpath unless
with the permission of the Council, and in accordance with these Local Laws;
26.1.3 ride a cycle on any footpath other than where such footpath is constructed and designated (by
way of traffic control devices) for use as a dual use path and where so used cyclists shall keep to the
left hand side of the footpath, travel at a speed not exceeding 15 kilometres per hour and at all times
give right of way to pedestrian traffic;
26.1.4 engage in building operations on any land or contract or arrange with any person to carry out
any works or to deliver materials on to any land if by so doing a vehicle will cross a footpath even at
a specifically constructed crossing place and it is likely that damage to the footpath will be caused
thereby unless written permission is given by an authorised person and in accordance with these
Local Laws.
26.1.5 trench through or under a footpath without first obtaining the written consent of the author-
ised person or otherwise than in accordance with the terms of the written consent of the authorised
person.
27. APPLICATIONS AND CONDITIONS
27.1 Excepting in the instance of a person using a wheel chair any person who—
27.1.1 desires to cross a thoroughfare verge with a vehicle at a place not a specifically constructed
crossing place; or
GOVERNMENT GAZETTE, WA [26 February 19981008
27.1.2 proposes to carry out building or other operations or work necessitating the crossing of a
footpath, or thoroughfare verge with vehicles whether at a specifically constructed crossover or not;
shall make application in writing to the Council for its permission so to do specifying the place or
places at which such crossing is to be made and on application pay to the Council a deposit commen-
surate with the potential damage as estimated by Council or its authorised person.
27.2 Prior to issue of written permission to proceed the Council shall cause an inspection of the site to be
carried out by its authorised person and any existing damage is to be recorded.
27.3 Upon completion of all works appropriate to the application the applicant shall notify the Council
who shall cause an inspection for damage to be carried out by its authorised persons prior to the return
of any deposit.
27.4 A person who carries out any building or other operations or work necessitating the crossing of a
footpath with vehicles which cause or are likely to cause damage to the footpath shall comply with the
following conditions—
27.4.1 if the paved portion of the footpath shall be constructed of concrete slabs—
27.4.1.1 carefully remove them from the footpath for a width as determined by the authorised per-
son;
27.4.1.2 place in the position from which the slabs have been removed a temporary crossing in
accordance with the requirements of the authorised person. The said temporary crossing shall be
firmly bedded and laid true to the line and level of the original footpath;
27.4.1.3 when the necessity no longer exists for such temporary crossing or when called on to do so
by notice in writing from the Council or its authorised person, shall remove the temporary crossover,
replace the slabs in a proper workmanlike manner to the original line and level, and shall replace
with new slabs of equal quality and size any slabs which have been lost, damaged or broken;
27.4.2 in the case of a footpath constructed in total or in part of bitumen surfaced gravel, concrete,
gravel, limestone or crushed metal or materials other than concrete slabs—
27.4.2.1 shall, unless directed to do otherwise by an authorised person position where the cross-
ing is to be made a temporary crossing in accordance with the requirements of the authorised
person and the said temporary crossing shall be firmly bedded and laid true to a line and level
as determined by the authorised person;
27.4.2.2 when the necessity no longer exists for such a temporary crossing, or when called upon
to do so by notice in writing from the Council or its authorised person, shall remove the tempo-
rary crossing and clean off the footpath;
27.4.2.3 shall, until it shall have been removed keep the temporary crossing in good repair and
in such a condition as not to create any danger or obstruction to pedestrians.
27.5 Any person who desires to trench through or under a constructed footpath or thoroughfare or kerb
shall apply in writing to the Council and lodge with the Council a deposit commensurate with the
potential damage as estimated by an authorised person.
27.6 In accordance with clauses 27.1, 27.4 and 27.5 hereof—
27.6.1 a person shall upon completion of any works or other operations make good all damage caused
to the footpath and the thoroughfare kerbing, guttering and paved thoroughfare during the whole of
the time the works are in progress;
27.6.2 if any damage shall have occurred and shall not have been made good the Council is author-
ised to make good such damage and deduct the cost from the money paid to the Council in accord-
ance with this Local Law.
27.6.3 if the cost exceeds the amount paid the applicant or other persons aforesaid shall pay to the
Council on demand the amount by which the costs exceed that amount paid and the Council may
recover such amount by action in a court of competent jurisdiction.
27.6.4 if no damage has been caused or if the damage has been made good the Council shall repay
the amount paid or the portion remaining after the costs incurred by the Council have been paid.
28. PARKING
Division 1—Preliminary
28.1 Revocation
The Parking By-Laws published in the Government Gazette on 7 August 1992 are hereby revoked.
28.2 Definitions—
28.2.1 In these Local Laws unless the context otherwise requires—
“carriageway” means every part of a thoroughfare used or intended for use by vehicles and
includes footpath or kerb;
“driver” means any person driving or in control of a vehicle;
“footpath” means a path used by, or set aside or intended for use by both pedestrians and cy-
clists, but not vehicles of any other kind;
“kerb” means and includes the kerb or edge of the portion of a thoroughfare paved for the use of
vehicular traffic where any kerb exists at the edge of the paved thoroughfare whether any
footpath has been constructed or not;
“no parking area” means a portion of a carriageway that lies-
(a) between two consecutive signs inscribed with the words “No Parking”, or a symbol or
symbols to that effect, and each with an arrow point generally towards the other of
them; or
GOVERNMENT GAZETTE, WA 100926 February 1998]
(b) between a sign inscribed by the words “No Parking”, or a symbol or symbols to that
effect, and a dead end or an area in which standing is prohibited and that lies in the
general direction indicated by an arrow inscribed on the sign;
“no stopping area” means a portion of a carriageway—
(a) between two consecutive signs inscribed with the words “No Stopping”, or a symbol or
symbols to that effect, and each with an arrow pointing generally towards the other of
them; or
(b) between a sign inscribed with the words “No Stopping”, or a symbol or symbols to that
effect, and a dead end or an area in which stoppng is prohibited and that lies in the
general direction indicated by an arrow inscribed on the sign;
“omnibus” has the same meaning as that expression in the Road Traffic Act 1974;
“park” means to permit a vehicle whether attended to or not, to remain stationary, except for the
purpose of avoiding conflict with other traffic and complying with provisions of any law or of
immediately taking up or setting down persons or goods; and “parking” has a correlative
meaning;
“parking area” means a portion of a carriageway—
(a) between two consecutive signs inscribed with the word “Parking”, or a symbol or sym-
bols to that effect, each with an arrow pointing generally towards the other of them; or
(b) extending from a sign inscribed with the word “Parking” or a symbol or symbols to that
effect in the general direction indicated by an arrow inscribed on the sign, to any other
sign inscribed with the words “No Parking” or “No Stopping” or symbols to the same
effect, or to a dead end or an area in which the parking or stopping of vehicles is prohib-
ited and is that half of the carriageway of the thoroughfare nearest to the sign;
“parking region” means thoroughfares and any private land in respect of which the owner or
occupier from time to time requests the Council to control parking under these Local Laws
within the Scheme Area of the Shire of Carnarvon Town Planning Scheme as shown in the
Seventh Schedule with the exception of—
(a) any thoroughfare which comes under the control of the Commissioner of Main Roads;
(b) prohibition areas associated with traffic control signals, based upon an approved plan.
“parking stall” means a section or part of a thoroughfare which is marked or defined by painted
lines or by metallic studs or similar devices for the purpose of indicating where the vehicle
may stop or be parked, whether on payment of a fee or charge or otherwise;
“sign” means a traffic sign, mark, marking, symbol, structure or device on or over any thorough-
fare for the purpose of regulating, guiding or directing traffic;
“symbol” means a letter, figure, or other character or mark, or a combination of letters or the
like used to represent something, and without limiting the generality of the foregoing in-
cludes any symbol issued or specified by Australian Standard 1742.11—1989 for use in the
regulation of parking and any reference to the wording of any sign in these Local Laws shall
be also deemed to include a reference to the corresponding symbol;
“stop” in relation to a vehicle, means to stop the vehicle and permit it to remain stationary,
except for the purpose of avoiding conflict with other traffic or of complying with the provi-
sions of any law, and “stopping” has a correlative meaning;
“taxi car” means a vehicle, not being an omnibus within the meaning of the Road Traffic Act
1974, which is—
(a) equipped to carry not more than seven passengers; and
(b) is used for the purpose of stopping or plying for hire, or otherwise for the carrying of
passengers for reward;
“taxi stall” means a position or group of positions set apart by the Council by means of a sign on
or near a thoroughfare for the stopping of disengaged taxi cars and may be in the form of a
designated parking station or parking stalls.
28.3 Application—
28.3.1 The provisions of these Local Laws apply to the parking region;
28.3.2 In these Local Laws a reference to a word or words in a sign shall be taken to include a
reference to a symbol or symbols to the same effect and a reference to a symbol shall be taken to
include a reference to a word or words to the same effect.
Division 2—Stopping and Parking Generally
28.4 Erection of Signs to Regulate Parking
A discretionary authority is conferred on the Council by resolution to constitute, determine and vary,
and also indicate by signs, from time to time—
(a) prohibitions;
(b) regulations and restrictions of parking and stopping of vehicles of a specified class or of speci-
fied classes in all thoroughfares or specified thoroughfares or in specified parts of thorough-
fares or reserves at all times or specified times, but that discretionary authority shall not be
exercised in a manner inconsistent with the provisions of these Local Laws.
GOVERNMENT GAZETTE, WA [26 February 19981010
28.5 Parking Conduct—
28.5.1 A person shall not stop or park a vehicle in a thoroughfare or part of a thoroughfare—
(i) which is by sign thereon or adjacent or referable thereto set apart for the stopping or park-
ing of vehicles of a different class; or
(ii) if by such a sign the stopping or parking of vehicles is prohibited or restricted during a
period or periods, during that period or periods, or
(iii) if by such a sign the stopping of vehicles is permitted for a specified time, for longer than
that time.
28.5.2 A person shall not stop a vehicle—
(i) in a no stopping area;
(ii) in a parking area, except in a manner indicated by the inscription on the sign or signs
associated with the parking area and parking stalls except as provided in these Local Laws
with reference to the parking stalls;
(iii) in a parking area contrary to any limitation in respect of days, periods of the day, classes of
persons or classes of vehicles indicated by the inscription on the sign or signs associated
with the area.
28.5.3 A person shall not park a vehicle in a no parking area.
28.6 Subject to the provisions of clause 28.7 a person shall not stop or park a vehicle or permit a vehicle
to stop or park on a carriageway otherwise than—
(i) on a two way carriageway, so that it is as near as practicable to and parallel with the left
boundary of the carriageway and headed in the direction of the movement of traffic on the side
of the thoroughfare on which the vehicle is stopping.
(ii) so that it is entirely within the confines of any parking stall marked on the carriageway.
28.7 A person shall not stop or park a vehicle partly within and partly outside a parking area.
Division 3—Bus and Taxi Stalls
28.8 Bus Parking Stalls—
28.8.1 Excepting for the purpose of taking up or setting down passengers, a person shall not stop or
park a vehicle other than an omnibus in a parking stall set aside for use by omnibuses.
28.9 Taxi Stalls—
28.9.1 No person, including the owner or operator of a taxi car as defined under the Taxi Act 1994
and Taxi Regulations 1995, shall park or stop a taxi car, for the purpose of plying for hire or other-
wise soliciting for the carrying of passengers for reward from a parking stall or parking station other
than a taxi stall as prescribed from time to time by Council.
28.9.2 No person shall park or stop a vehicle, other than a taxi car then available for hire, at or upon
a taxi stall or park or stop any vehicle so as to obstruct a taxi stall.
28.9.3 Notwithstanding the requirements of clause 28.12 a person being the owner or operator of a
taxi car may use a parking stall other than a taxi stall, or a tourist bus stall for the purpose of the
setting down of passengers.
Division 4—Miscellaneous
28.10 An infringement notice may be given in accordance with the provisions of clause 41.7 for an of-
fence under these Local Laws in respect of which the use, driving, parking, stopping or leaving of a
vehicle is an element.
28.11 A person, other than the driver of the vehicle, shall not remove from the vehicle any notice affixed
thereto or left therein or thereon by an Authorised Person or a member of the police force.
28.12 An inscription on a sign operates and has effect according to its tenor and a person contravening
the direction of a sign commits an offence under these Local Laws.
Further Provisions in Relation to Signs.
28.13 A sign marked, erected, established or displayed on or near a thoroughfare or purporting to be a
parking control sign is, in the absence of evidence to the contrary presumed to be a sign marked, erected,
established or displayed under the authority of these Local Laws.
28.14 The first three letters of any day of the week when used on a sign indicate that day of the week.
28.15 A sign associated with a no parking area, no stopping area or parking area or a sign of a kind
referred to in these Local Laws is limited in its operation and effect in respect of days, periods of the day,
classes of persons, classes of vehicle, or circumstances to the extent, if any, shown on the sign.
29. HAWKERS, TRADERS AND STALL HOLDERS
29.1 These Local Laws shall not apply to the selling or offering for sale newspapers or magazines unless
they are sold or offered for sale from a stall.
29.2 No person shall hawk any goods, works, merchandise or wares or carry on trading or set up a stall
in any thoroughfare or public place unless that person—
29.2.1 is acting in compliance with the requirements, terms and conditions of a current licence
issued under these Local Laws and for which all fees and charges have been paid; and
29.2.2 is the holder of, or assistance specified in a valid licence.
GOVERNMENT GAZETTE, WA 101126 February 1998]
29.3 An application or renewal of an application for a licence shall be in the form of the Fourth Schedule
of these Local Laws; and
29.3.1 in the instance of a hawker, shall—
29.3.1.1 specify the kind of goods, wares or merchandise which the applicant requires to hawk;
29.3.1.2 specify where a vehicle is used, the type of vehicle, conveyance or means of carriage to
be employed in hawking;
29.3.1.3 specify the period for which the licence is required;
29.3.1.4 specify where the licence is required to be limited to a part of the District, the part of the
District to which it is so to be limited;
29.3.1.5 specify where it is proposed to hawk in any public place or public building the location
and name of the public place or building together with the name and address of the owner of
that public place or building;
29.3.1.6 specify the full name and address of the applicant together with those of any assistants
to be engaged by the applicant for hawking of his goods, works, wares or merchandise; and
29.3.1.7 be accompanied by a certificate signed by two Justices of the Peace certifying that the
applicant is of good character and reputation and is a fit person to exercise the trade of a hawker.
29.3.2 in the instance of a trader or stall holder shall—
29.3.2.1 include the full name and address of the applicant;
29.3.2.2 specify the proposed number and the names and addresses of assistants to be engaged
by the applicant in trading pursuant to the licence;
29.3.2.3 specify the location for which the licence is sought and detail the area required;
29.3.2.4 be accompanied by an accurate plan and description of any proposed stand, table, struc-
ture or vehicle which may be used for trading;
29.3.2.5 specify the proposed days and hours of trading; and
29.3.2.6 specify the proposed goods, wares, merchandise or services in respect of which trading
will be carried on;
29.3.3 be accompanied by the application fee as determined by the Council from time to time.
29.3.4 where a proposed stall is to be conducted on private property, include—
29.3.4.1 a written authority from the owners of the property for the applicant to conduct the
stall, and
29.3.4.2 any other information as may be requested by or on behalf of Council.
29.4 In considering an application for a licence or renewal of a licence the Council shall have regard to—
29.4.1 any relevant policy statements;
29.4.2 the desirability of the proposed activity;
29.4.3 the location of the proposed activity; and
29.4.4 the circumstances in the case;
29.5 The Council may grant the licence or renewal, or may refuse to grant the licence or renewal and it
may so refuse on any of the following grounds—
29.5.1 the applicant has committed a breach of any of these Local Laws;
29.5.2 the applicant is not a desirable or suitable person to hold a licence;
29.5.3 the needs of the District of the Council or the portion thereof for which the licence is sought
are adequately catered for by established shops or by persons to whom licences have been previously
issued;
29.5.4 the proposed activity or place of trading is in the opinion of Council undesirable;
29.5.5 the proposed shed, table or structure or vehicle is in the opinion of Council unsuitable in
respect to the location for which the licence is sought; or
29.5.6 such other grounds as may be relevant in the circumstances.
29.6 The Council may issue a licence specifying such requirements, terms and conditions as in the
opinion of the Council are appropriate including—
29.6.1 the place to which the licence applies, which in the event of a trader may include a pre
determined approved route or area and whether or not the trader may remain stationery in any
thoroughfare or public place where using a vehicle for any period longer than shall be necessary for
the purpose of serving or trading with any customer or intended customer then offering to buy or
treat;
29.6.2 the days and hours when trading or hawking may be carried on;
29.6.3 the number, type, form and construction, as the case may be, of any stand, table, structure or
vehicle which may be used by a stallholder or for trading or hawking;
29.6.4 the particulars of the goods or services or transactions in respect of which a stall may be
conducted or trading or hawking may be carried on;
29.6.5 the number of persons and the names of persons permitted to act as a stallholder or carry on
trading or hawking and any requirements concerning personal attendance at the place a stall is to
be established or of trading or hawking and the nomination of assistants, nominees or substitutes;
29.6.6 whether and under what terms the licence is transferable;
GOVERNMENT GAZETTE, WA [26 February 19981012
29.6.7 any prohibitions or restrictions concerning the cause of any nuisance, the use of advertising
devices, the making of noise and the use of amplifiers, sound equipment, sound instruments and
lighting apparatus, or distance of operation from a permanent place of building that has for sale any
goods, works, merchandise or wares of the kind being hawked or traded;
29.6.8 any requirements concerning the display of the licence holder’s name and other details of the
licence;
29.6.9 the care, maintenance and cleaning of the place of trading and any associated vehicles;
29.6.10 the vacating of the place of trading when trading is not taking place;
29.6.11 any requirements regarding the acquisition by the licence holder of public risk insurance;
29.6.12 the period not exceeding 12 months during which the licence is valid; and
29.6.13 designation of any place or places where establishment of a stall is or wherein trading or
hawking is totally or from time to time prohibited by Council.
29.7 A licence shall be in the form of the Fifth Schedule hereto and shall specify—
29.7.1 the full name and address of the licensee;
29.7.2 terms, conditions and requirements in accordance with clause 29.6 to these Local Laws; and
29.7.3 the dates of issue and expiration of the licence;
29.8 Charges and fees shall be calculated and payable as determined by the Council from time to time
and notwithstanding Council’s approval of the issue of a licence such licence shall not be valid until the
appropriate charges and fees have been paid.
29.9 No licensee or assistant specified in a licence shall—
29.9.1 engage in or permit any trading in any goods, wares, merchandise or services other than
those specified in the licence;
29.9.2 cause or permit or suffer any nuisance to exist, arise or continue on or from the permitted
place specified in the licence;
29.9.3 deposit, place or store any goods, wares or merchandise on any thoroughfare or other public
place other than on the place to which the licence applies;
29.9.4 create any noise or disturbance to the annoyance of nearby occupants or passers-by; or
29.9.5 obstruct the free passage of pedestrians on any footpath or thoroughfare;
29.10 A licensee shall not—
29.10.1 in trading use or employ or permit to be used or employed at any one time more than the
maximum number of assistants specified in the licence;
29.10.2 transfer, assign or otherwise dispose of his licence without the authority of Council;
29.10.3 use any weighing machines, weights, scales or measures which are defective, or falsely
indicate the weight or measurement of the goods, wares or merchandise offered for sale.
29.11 A licensee shall—
29.11.1 personally attend at the place specified in his licence at all times when trading is conducted
on or from that place;
29.11.2 keep the place and any stand, table, structure or vehicle specified in his licence in a clean
and safe condition and in good repair;
29.11.3 keep the place and any stand, table, structure or vehicle specified in his licence free from
trade refuse and other refuse and rubbish;
29.11.4 legibly and conspicuously display his name on his stall;
29.11.5 when offering for sale any goods, ware or merchandise by weight use for that purpose scales
tested and certified in accordance with the Weights and Measures Act 1915;
29.11.6 on demand produce his licence to any authorised person of the Council or any police officer;
and
29.11.7 unless with the written approval of the Council to the contrary, remove his stand, table,
structure or vehicle and all of his goods, wares, merchandise and signs from the place to which the
licence applies and leave that place clean and vacant in all respects—
29.11.7.1 at the conclusion of the permitted hours of operation specified in his licence; or
29.11.7.2 whenever not trading or hawking on the place to which the licence applies;
29.12 Council may revoke any licence issued by it on the grounds—
29.12.1 that the licensee has committed a breach of the terms and conditions of the licence;
29.12.2 that the licensee is not conducting his business in a respectable or sober manner;
29.12.3 that the licensee has assigned his licence or does not himself carry on the business;
29.12.4 that the licensee is not regularly carrying on the business for which the licence was granted;
or
29.12.5 that the licensee or his assistants have breached any of the provisions of these Local Laws.
29.13 Where a licence is revoked the Council shall refund the charge having first deducted the charge
applicable to the period from the issuing of the licence to its revocation.
29.14 Where a stall is set up or trading is undertaken for or on behalf of a community association and
the business is conducted for the purpose of that community association—
29.14.1 fees or charges shall not be payable in respect of that stall or trading or the licence under
which it is set up; and
GOVERNMENT GAZETTE, WA 101326 February 1998]
29.14.2 the operations of the stall or stalls or trading for which such exemption applies shall be
bound in all other respects to these Local Laws.
29.15 A licence issued for hawking, trading or to a stallholder is not transferable without the written
consent of the Council.
30. CARNARVON SWIMMING POOL
30.1 These Local Laws shall apply specifically to the Carnarvon Swimming Pool, Lots 103 and 104
Babbage Island Road, Carnarvon.
31. ADMISSION
31.1 The pool premises shall be open for admission to the public during the hours and days the Council
from time to time determines and such hours and such days shall be clearly indicated upon a notice
board at the entrance to the pool.
31.2 Admission charges to the pool shall be clearly indicated upon a notice board at the entrance to the
pool, such admission charges shall be reviewed annually by Council and shall stipulate cost of entry for
adults, children, pensioners and family groups (consisting of two adults and two children) and may
stipulate such charges to apply for daily entry, seasonal entry or portion of a season entry.
31.3 With regard to season or portion of season entry tickets or tokens—
31.3.1 the Council shall prepare such tickets or tokens prior to the commencement of the stipulated
season and make them available to the public at the pool during those determined hours and upon
those determined days that admission to the pool is provided;
31.3.2 the Manager shall, upon sale of such a ticket or token record in a bound book the name of the
person or persons to whom the ticket or token is sold together with the date of sale;
31.3.3 a person or persons being the holder or holders of such tickets or tokens shall offer such
tickets or tokens to the Manager prior to obtaining entry to the pool;
31.3.4 such tickets or tokens are not transferable nor shall the Council be required to make a refund
on any unused portion of the period for which a ticket or token has been issued;
31.3.5 such tickets or tokens may only be used by the person or persons to whom they have been
issued and the Manager shall refuse admission to any person seeking entry to the pool by the use of
such a ticket or token if it is reasonably believed that the person seeking the permission is not the
person or one of the persons to whom such ticket or token was issued;
31.3.6 where any such ticket or token is lost, stolen or otherwise mislaid it shall be the responsibility
of the person being the holder of such ticket or token to report to the Manager or CEO within 7 days
of becoming aware of such an occurrence.
32. STANDARDS OF BEHAVIOUR OF USERS
32.1 No person shall—
32.1.1 enter the pool without first using the cleansing shower-baths provided on the premises, in
which shower-baths the use of soap is permitted; or
32.1.2 in any way interfere with any other person in or upon the pool premises or with any other
person’s use thereof, throw or push, or attempt to throw stones, rocks, or any other matter or thing
to the annoyance of any person using the pool premises; or
32.1.3 play any ball games or take any action whatsoever which shall in any way limit the enjoy-
ment of the users of the pool premises, provided that nothing therein contained shall apply to the
playing of any games or aquatic sports organised and conducted on the pool centre premises by any
club, organisation or association or other person at such time and in such manner as shall be ap-
proved by the Manager; or
32.1.4 permit an animal or dog of which he is liable for the control to enter or remain in or about the
pool premises with the exception of a registered guide dog; or
32.1.5 enter the pool premises without having first paid to the Manager the proper charge for admis-
sion unless that person is an invitee, officer or employee of the Council in the course of his duties or
person otherwise exempted from the payment of fees by Council; or
32.1.6 obstruct the Manager or any other authorised person in the course of his/her duties; or
32.1.7 enter or exit from any part of the pool premises except by means of the entrances or exits set
apart for that purpose; or
32.1.8 undress or remove any part of their bathing costume except in a dressing room enclosure
provided for that purpose;
32.1.9 appear in public unless properly attired in a costume of such nature as to preserve public
decency and to cover the body as to prevent indecent exposure of the person; or
32.1.10 enter or be in the pool premises while in the intoxicated condition induced by alcohol or
drugs; or
32.1.11 take into the pool premises or have in their possession therein, any intoxicating liquor with-
out the prior approval of the CEO; or
32.1.12 take into the pool premises, or have in their possession therein any prohibited drugs; or
32.1.13 use any soap or shampoo in any part of the pool premises other than in the dressing room or
shower recess or;
32.1.14 climb up or upon any roof, fence, wall partition or structure other than a diving board on the
pool premises; or
GOVERNMENT GAZETTE, WA [26 February 19981014
32.1.15 in any part of the pool premises behave in an unseemly, improper, disorderly, or riotous
manner or use indecent obscene, offensive or abusive language or gamble illegally or misconduct
themselves; or
32.1.16 deposit in any part of the pool premises any filth or rubbish except in receptacles set aside
for that purpose; or
32.1.17 smoke, consume foodstuffs, or drinks in other than those areas specifically set aside for the
purpose ; or
32.1.18 wastefully use the water or leave any taps flowing in the dressing rooms or elsewhere in the
pool premises; or
32.1.19 expectorate in the pool or on any part of the pool premises or in any way commit any nui-
sance on or in any part of such premises; or
32.1.20 use any substance or preparation whereby the water of the swimming pool becomes discol-
oured or rendered turbid or otherwise unfit for the proper use of bathers; or
32.1.21 foul or pollute water in any shower, or in the swimming pools or soil, damage, injure, de-
stroy, use improperly, disfigure or write in or upon any dressing room, cubicle or compartment or any
part of the pool premises or any furniture or other article or equipment therein; or
32.1.22 damage, break, injure, improperly use, interfere with or destroy any fitting, appliance, equip-
ment or any other property of the Council in or about the pool premises; or
32.1.23 whilst suffering from a contagious, infectious or cutaneous disease or whilst in an unclean
condition enter or use or attempt to enter or use the swimming pool or pool premises; or
32.1.24 soil, defile or damage any towel or bathing costume belonging to another person;
33. SUSPENSION, REMOVAL AND REFUSAL OF ENTRY
33.1 The Manager may, and when instructed to do so by Council, or its authorised person shall, tempo-
rarily suspend admission to, or remove from the pool premises or any part thereof, any person or per-
sons, if in the Manager’s, Council’s or its authorised person’s opinion such action is necessary or desir-
able;
33.2 The Manager is hereby so empowered by Council to refuse admission to or remove, or cause to be
removed from the pool any person who, in the opinion of the Manager—
33.2.1 is committing a breach of any of the provisions of these Local Laws; or
33.2.2 is by his past or present conduct within or about the pool premises undesirable; or
33.2.3 is under, or apparently under the influence of intoxicating liquor or drugs; or
33.2.4 is apparently suffering from a contagious, infectious or cutaneous disease or skin complaint,
or
33.2.5 is a child under the age of eight (8) years and unaccompanied by a responsible person over the
age of eighteen (18) years.
33.3 A person temporarily suspended or otherwise requested to withdraw or refused entry to the pool
premises shall leave these premises quietly, peaceably and immediately.
33.4 Where a person has been suspended, removed from or refused admission to the pool premises, or
directed to leave the pool premises and feels aggrieved by the action of the Manager or Council or its
authorised person such person may object, in writing, to the Council by letter addressed to the CEO.
33.5 The Council shall consider any objection placed before it in accordance with clause 30.4 and give
such direction and take such action in the matter as it thinks fit.
33.6 The Council may refuse to admit to the pool premises any person who shall have been convicted of
wilfully disobeying or infringing or breaching any of the provisions of these Local Laws until such time
as the Council may decide that such person shall be admitted.
33.7 The Council may issue a written direction to the Manager that any person named in such direction
shall not be admitted to the pool or pool premises and whilst such direction remains in force the man-
ager shall not admit such person to the pool premises or suffer him or her to be therein and such person
shall not with knowledge that such direction is in force enter or attempt to enter the pool.
33.8 The right of objection given by this Local Law shall not imply any right of action for damages or
other remedy against the Council, Pool Manager or its authorised person arising out of refusal or admis-
sion or direction to leave the pool premises.
34. ORGANISED GROUPS
34.1 A person, club, organisation or association shall not conduct controlled swimming or diving events,
carnivals or competitions without the prior consent of the Council.
34.2 The Council may grant its consent in accordance with the requirements of clause 34.1 subject to
any conditions it thinks fits and may, at any time withdraw that consent.
34.3 In addition to the above, the Manager may, at his or her discretion and upon endorsement of the
CEO, set aside the pool premises or any part thereof the for the use of certain persons or clubs, associa-
tions or organisations at the exclusion of others subject to the conditions of clause 34.2, and provided
that the use is outside normal hours of admission.
34.4 Every person,, club, organisation or association to whom the pool is let on hire for the purpose of
holding a swimming carnival or other organised swimming event shall, at least two weeks before the
proposed date of such carnival or other swimming event, forward to the CEO a copy of such program of
events as it is desired shall be completed for thereat and of any games or sports or other activities
proposed to be then conducted. Any item on such program of which the Council does not approve shall be
struck out or altered in such manner as the Council may its absolute discretion see fit.
GOVERNMENT GAZETTE, WA 101526 February 1998]
34.5 Every club, person, association or organisation conducting any carnival shall pay to the Council in
respect to such carnival a sum equal to a fee or charge determined by the Council from time to time.
34.6 Every club, person, association or organisation wishing to conduct any function apart from that
mentioned in clause 31.1 shall submit written application to the Council and the Council may either
approve or reject the application and may set conditions for the use.
34.7 A person, club, organisation or association conducting a carnival or event at the pool premises shall
be responsible for the conduct of the competitors and spectators during the carnival or event and shall
prevent overcrowding and ensure that no damage is one to the buildings or fencing or any other portion
of the pool premises and that these Local Laws are observed by all competitors, officials and spectators
or other persons attending the carnival or event.
35. INDECENT ATTIRE
35.1 If a person shall appear in public and in the opinion of the Manager, be indecently or insufficiently
clad, the Manager shall direct that person forthwith to resume adequate bathing attire and such person
shall forthwith comply with that direction.
36. LOST OR LEFT PROPERTY
36.1 Every person finding in the pool any article which may have been left or lost therein shall immedi-
ately deliver the same to the Manager or the person for the time being in charge of the pool premises,
who shall thereupon register a description of such article and all particulars relating thereto in a book
which shall be kept for that purpose, and any persons claiming any such article and who satisfies the
Manager or such other person that he or she is the lawful owner of the same shall have such article
returned to them upon signing for the same in the book abovementioned.
36.2 The Manager or other person for the time being in charge of the pool premises shall report to the
CEO (at least once every week) regarding lost property and produce the said book for inspection by the
CEO.
36.3 The Council shall not under any circumstances incur any liability in respect of articles lost or left in
the pool premises or stolen from any person whilst on the pool premises.
36.4 All articles left at the pool and not claimed within a period of fourteen (14) days shall be disposed of
in accordance with the law relating to found or abandoned property.
37. COACHING OR TRAINING
37.1 No person shall for reward or profit teach, coach or train any person in the pool premises except
with the consent in writing of the Council first being obtained.
37.2 The Council may grant such permission subject to such conditions as it thinks fit and may at any
time, in accordance with the Act, withdraw such permission without being liable to pay compensation.
38. RISKS
38.1 Every person using the pool premises does so at their own risk.
38.2 Neither the Council nor the Manager or authorised person, Contractor or employee of the Council
shall in any way be responsible for any articles or money lost by or stolen from any person whilst in the
pool premises or for any articles damaged or destroyed whilst in or about the pool premises.
39. SERVICE OF NOTICE
39.1 Where the Council or an employee or contractor of the Council is authorised by these Local Laws to
give any person any notice, demand, direction or order—
39.1.1 the notice, demand, direction or order shall where issued in writing be signed by the CEO of
the Council or the authorised person;
39.1.2 service of the notice, demand, direction or order may be effected in accordance with the provi-
sions of the Act,; and
39.1.3 the Council or its authorised person may effect such work as is necessary to comply with the
requirements of the notice, demand, direction or order, and recover any costs incurred from the
person upon whom such notice, demand, direction or order has been served;
40. OBJECTIONS AND APPEALS
40.1 When the Council makes a decision under these Local Laws as to whether it will—
(a) grant a person an authorisation; or
(b) renew, vary, or cancel an authorisation that a person has under these Local Laws;
the provisions of Part 9 Division 1 of the Act shall apply.
41. ENFORCEMENT OF LOCAL LAWS
Division 1—Authorised Persons
41.1 The Council may appoint a person as an Authorised Person for the purposes of performing particu-
lar functions under these Local Laws and a person shall not hinder or interfere with an Authorised
Person in the course of that persons duties.
41.2 An Authorised Person shall on demand show an identification of that person as such.
Division 2—Impounding
41.3 Where an Authorised Person places a vehicle or animal in a municipal depot, public pound or other
place set aside for that purpose, details of the time and date, a description of the vehicle or animal, and
of the place from which it was removed, shall be entered in a register provided by the Council for that
purpose, and the CEO shall be notified.
GOVERNMENT GAZETTE, WA [26 February 19981016
41.4 The procedural provisions of Part 3, Division 3, Subdivision 4 of the Act shall apply generally when
a vehicle or animal is impounded.
41.5 The CEO shall exhibit on the notice board of the Council notification that a vehicle or animal
therein described has been taken into custody and shall, unless the vehicle or animal is sooner recov-
ered, keep that notification exhibited for a period of not less than 7 days.
41.6 Every person who removes a vehicle or animal from an appointed place without the authority of the
CEO commits an offence.
Division 3—Infringement Notices
41.7 An infringement notice in respect of an offence prescribed in these Local Laws—
41.7.1 may be given under section 9.13 of the Act and shall be in or to the effect of Form 1 of
Schedule 3.
41.7.2 may be given under section 9.16 of the Act, and shall be in or to the effect of Form 2 of
Schedule 3.
41.8 A notice sent under section 9.20 withdrawing an infringement notice shall be in or to the effect of
Form 3 of Schedule 3.
Division 4—General Offence and Penalty Provisions
41.9 Any person failing to do any act directed to be done, or doing any act forbidden to be done by these
Local Laws, or any notice or order under these Local Laws commits an offence.
41.10 The maximum penalty for a parking or stopping offence under the Parking provisions of these
Local Laws shall be $500.00.
41.11 Subject to clause 41.10, any person who commits an offence against these Local Laws shall be
liable to a penalty not exceeding a fine of $5,000.00 and if the offence is of a continuing nature, to a daily
penalty not exceeding a fine of $500.00 in respect of each day or part of a day during which the offence
has continued.
41.12 The offences and modified penalties prescribed, with respect to offences against these Local Laws,
shall be as specified in the Sixth Schedule.
Municipal Local Laws
FIRST SCHEDULE
PRESCRIBED SEA SHORE AREAS (Clause 15)
Commencing from the south western corner of Lot 1048, Reserve 28553 thence from that corner north
westerly on a bearing of 327 degrees 56 minutes 225.3 metres along the boundary of lot 1048 thence
northerly on a bearing 354 degrees 47 minutes along the boundary of 372 metres thence due west to low
water mark of the Indian Ocean thence generally southerly, easterly and northerly at low water mark
along the beach area returning to a point on the boundary of lot 1048 Reserve 28553, thence north
westerly 15 metres to the commencement.
Notwithstanding the above a person may permit a horse between the hours of 6am to 8am, to be on
that portion of the foreshore, commencing from a point due west of the south western corner of lot 1048
to low water mark of the Indian Ocean, thence generally northerly 570 metres along the beach area.
GOVERNMENT GAZETTE, WA 101726 February 1998]
SECOND SCHEDULE
FORM 1
APPLICATION FOR CERTIFICATE OF REGISTRATION TO
KEEP GOATS (Clause 16)
I ........................................................................................................................................ being the occupier
of .....................................................................................................................................................................
hereby make application to keep ............ goat/s (specify number) at Lot ............ No. ............ a property at
which I am resident and which is located within ............................ zone under the Shire of Carnarvon
Town Planning Scheme. Owner (where other than occupier)
I/We ................................................................................................................................................................
of .....................................................................................................................................................................
being the owner/s of Lot ....................... hereby approve .............................................................. (occupier)
of .....................................................................................................................................................................
to keep goat/s (specify number).
In accordance with the Local Laws I attach hereto—
Details of the purpose for which it is intended to keep the goats—
b. A medical certificate stating that, due to medical reasons, goats milk is required for a resident
of the premises;
c. Plans and specifications of a structure, yards, pens and enclosures as required by the Local
Signed .....................................................................
Dated this the ............................................... day of ..................................................................... 19...........
SECOND SCHEDULE
FORM 2
CERTIFICATE OF REGISTRATION FOR THE KEEPING OF GOATS (Clause 16)
This is to certify that .....................................................................................................................................
of .....................................................................................................................................................................
is authorised to keep ................ goat/s for the purpose of ........................................................as specified
under these Local Laws at Lot .................................... (specify location).
Signed .................................................
CEO
NOTES—
This registration is invalid unless it is accompanied by a receipt bearing the imprint of the cash
register of the Shire of Carnarvon.
This registration is not transferable without the written consent of the Council.
GOVERNMENT GAZETTE, WA [26 February 19981018
THIRD SCHEDULE
FORM 1
NOTICE TO OWNER OF VEHICLE INVOLVED IN OFFENCE
Date ........../........../.........
To: (1) ..............................................................................................................................................................
of (2) ................................................................................................................................................................
It is alleged that on ........../........../......... at (3) ..............................................................................................
at (4) ............................. your vehicle (5) .......................................................................................................
was involved in the commission of the following offence—
........................................................................................................................................................................
........................................................................................................................................................................
contrary to Clause ................ of the (6) .........................................................................................................
You are required under section 9.13 of the Local Government Act 1995 to identify the person who was the
driver or person in charge of the vehicle at the time when the offence is alleged to have been committed.
If you do not prove otherwise, you will be deemed to have committed the offence unless—
(a) within 28 days after being served with this notice
(i) you inform the Chief Executive Officer, or another authorised officer, of the local govern-
ment as to the identity and address of the person who was the driver or person in charge of
the vehicle at the time the offence is alleged to have been committed; or
(ii) you satisfy the Chief Executive Officer that the vehicle had been stolen, or was being un-
lawfully used, at the time the offence is alleged to have been committed;or
(b) you were given an infringement notice for the alleged offence and the modified penalty speci-
fied in it is paid within 28 days after the notice was given or such further time as is allowed.
Name and title of authorised person giving the notice ...............................................................................
........................................................................................................................................................................
Signature .............................................................
(1) Name of owner or “owner of (vehicle identification)”
(2) Address of owner (not required if owner not named)
(3) Time at which offence allegedly committed
(4) Place at which offence allegedly committed
(5) Vehicle identification
(6) Name of the Local Laws
GOVERNMENT GAZETTE, WA 101926 February 1998]
THIRD SCHEDULE
FORM 2
INFRINGEMENT NOTICE
Serial No. .....................
Date ........../........../........
To: (1) ..............................................................................................................................................................
of: (2) ...............................................................................................................................................................
It is alleged that on Date ........../........../........ at (3) ......................................................................................
at (4) ...............................................................................................................................................................
You committed the following offence—
........................................................................................................................................................................
........................................................................................................................................................................
........................................................................................................................................................................
contrary to Clause ................ of the (5) .........................................................................................................
The modified penalty for the offence is $ ..................
If you do not wish to have a complaint of the alleged offence heard and determined by a court, the
amount of the modified penalty must be paid to an authorised person at
(6) ............................................ within a period of 28 days after the giving of this notice.
Signature .............................................................
(1) Name of alleged offender [“owner of (vehicle identification)” suffices if notice given with a notice
under section 9.13 of the Act]
(2) Address of alleged offender (not required if notice given with a notice under section 9.13 of the
Act)
(3) Time at which offence allegedly committed
(4) Place at which offence allegedly committed
(5) Name of the Local Laws
(6) Place where modified penalty may be paid
FORM 3
NOTICE OF WITHDRAWAL OF INFRINGEMENT NOTICE
Serial No .............Serial No. .....................
Date ........../........../........
To: (1) ..............................................................................................................................................................
of: (2) ...............................................................................................................................................................
Infringement Notice No .......................................................... dated .........../.........../........... for the alleged
offence of .........................................................................................................................................................
.................................................................................................................................... has been withdrawn.
The modified penalty of $ .................................
has been paid and a refund is enclosed.
• has not been paid and should not be paid.
delete as appropriate
Name and title of authorised person giving this notice
........................................................................................................................................................................
Signature .......................................
(1) Name of alleged offender to whom infringement notice was given
(2) Address of alleged offender
GOVERNMENT GAZETTE, WA [26 February 19981020
FOURTH SCHEDULE
APPLICATION FOR HAWKERS, TRADERS, STALLHOLDERS LICENCE (Clause 29)
(*Delete which does not apply)
To—The CEO
PO Box 459
CARNARVON WA 6701
I .......................................................................................................................................................................
of .....................................................................................................................................................................
apply for permission to hawk/carry on trading/conduct a stall
at .....................................................................................................................................................................
in the district of the Shire of Carnarvon. Description of stand , structure or vehicle to be used by licencee
(eg. trestle) .....................................................................................................................................................
Types of goods, wares, merchandise or services to be sold/traded
(where space is insufficent please attach list)
........................................................................................................................................................................
........................................................................................................................................................................
........................................................................................................................................................................
........................................................................................................................................................................
Dates and times hawking/trading/stall is to be conducted .........................................................................
Place/s and details or areas to which licence is to apply .............................................................................
Full names and address of assistants who may be engaged at any one time in trading—
........................................................................................................................................................................
........................................................................................................................................................................
........................................................................................................................................................................
If stall is to be conducted on behalf of a Community Association.
Name, address and contact person of association—
........................................................................................................................................................................
........................................................................................................................................................................
........................................................................................................................................................................
Signed ................................................................................. Date ...................................
FOR OFFICE USE ONLY—
Fee Paid $ .............................
Date ......................................
Receipt No. ...........................
GOVERNMENT GAZETTE, WA 102126 February 1998]
FIFTH SCHEDULE
*HAWKERS/TRADING/STALL HOLDERS LICENCE (Clause 29)
Full name and address of licencee ............................................................................................................
........................................................................................................................................................................
Date of issue of licence ..............................................................................................................................
Date of expiration of licence ......................................................................................................................
Requirements, Terms and Conditions—
(a) Place to which licence applies..............................................................
(b) Description of stand structure or vehicle to be used by the licencee ...........................................
.........................................................................................................................................................
(c) Particulars of the goods, wares, merchandise or service in respect of which trading may be
carried on .........................................................................................................................................
.........................................................................................................................................................
(d) Full name and address of assistants who may be engaged at any one time in trading .............
.........................................................................................................................................................
(e) The permitted days and hours when trading may be carried on .................................................
(f) Other requirements, terms or conditiions applicable to this licence ...........................................
.........................................................................................................................................................
.........................................................................................................................................................
...............................................
CEO
*Delete Which Does Not Apply
NOTES
This licence is issued subject to the Local Laws of the Shire of Carnarvon.
This licence is invalid unless accompanies by a receipt bearing the imprint of the cash register
of the Shire of Carnarvon.
This licence is not transferable without the written consent of the Council.
GOVERNMENT GAZETTE, WA [26 February 19981022
SIXTH SCHEDULE
Item Clause Offence Modified
Penalty
$
5.1.1 Depositing rubbish, bottles, glass or litter ........................................... 50.00
5.1.3 Lighting a fire, burning ......................................................................... 50.00
12.2.1 Lighting a fire in a reserve ................................................................... 100.00
12.2.2 Unauthorised driving or speeding on a reserve ................................... 100.00
12.2.3 Consuming liquor on a reserve ............................................................. 50.00
17..2 Obstructing a public place .................................................................... 75.00
23.1 Stopping a vehicle or animal on alawn or garden without the consent
of the owner. ........................................................................................... 50.00
23.1 Driving a vehicle or animal on or across a lawn or garden without
the consent of the owner. ....................................................................... 50.00
25.1 Removal of any flower, plant or shrub from a garden. ........................ 40.00
25.1 Wilful damage of a lawn or garden ....................................................... 100.00
26.1.3 Riding a bicycle on other than a dual use footpath. ............................ 25.00
26.1.3 Riding a bicycle on other than a left hand side of a footpath. ............. 25.00
26.1.3 Riding bicycle on a footpath at a speed in excess of 15 km/h .............. 25.00
28.5.1 (i) Parking in an area reserved for vehicles of a different class .......... 50.00
28.5.1 (ii) Restricted parking ........................................................................... 50.00
28.5.1 (iii) Parked longer than permitted ........................................................ 50.00
28.5.2 (i) No stopping area ............................................................................... 50.00
28.5.3 No parking area ..................................................................................... 50.00
28.6 (i) Not close and parallel facing wrong way two-way carriageway ..... 50.00
29.2.1 Hawking, trading or setting up a stall without or contrary to licence 100.00
32.1.2 Interfering with another person ........................................................... 50.00
32.1.15 Bahaving in an unseemly, improper, disorderly manner .................... 20.00
32.1.16 Depositing filth or rubbish .................................................................... 20.00
All other offences not specified ............................................................. 50.00
GOVERNMENT GAZETTE, WA 102326 February 1998]
SEVENTH SCHEDULE
PARKING REGION
DEFINED PARKING AREAS
The Common Seal of the Shire of Carnarvon was hereby affixed by authority of a resolution of the
Parking Region
’
North
GOVERNMENT GAZETTE, WA [26 February 19981024
LOCAL LAWS RELATING TO THE
CARNARVON PUBLIC CEMETERY
In pursuance of the powers conferred upon it by abovementioned Act and of all other powers 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.
PART I—PRELIMINARY
Revocation
The following Local Laws are hereby revoked—
The By-laws Relating to the Carnarvon Public Cemetery, published in the Government Gazette on