42All material required in the erection and completion of any work shall,as far as possible, be prepared

42 All material required in the erection and completion of any work shall,as far as possible, be prepared before being taken to the cemetery,and all materials required by tradesmen shall be admitted at such entrance as the CEO or an authorised person shall direct. 43. No sand, earth or other material shall be taken from any part of the cemetery for use in the erection of any memorial or work except with the written approval of the Council 44. Persons shall not be permitted to carry out memorial or other work on graves within the cemetery other than during the hours of 8.00am and 6.00pm on weekdays, and 8.00am and noon on Saturdays, without the written permission of the CEO. 45. No wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave. 46. No trees or shrubs shall be planted on any grave except such as shall be approved by the CEO. 47. All workers, whether employed by the Council or by any other person, shall at all times whilst within the boundaries of the cemetery be subject to the supervision of the CEO or an authorised person and shall obey such directions as the CEO or an authorised person may give. 48. Notwithstanding anything in these Local Laws to the contrary, the Office of Australian War Graves: (a) may place a memorial on a military grave; and (b) is not required to pay the set fee for any memorial that is placed upon a military grave. PART XI—GENERAL Animals 49. Subject to Clause 50, a person shall not bring an animal into or permit an animal to enter or remain in the cemetery. 50. Clause 49 shall not apply to a hearing impaired person or a person who is blind or partially blind and is accompanied by a hearing or guide dog. Damaging and Removing of Objects 51. Subject to Clause 52, a person shall not damage, remove or pick any tree, plant, shrub or flower in the cemetery or any other object or thing on any grave or memorial or which is the property of the Council without the permission of the Council. 52. A person may remove withered flowers from a grave or memorial and these are to be placed in a receptacle provided by the Council for that purpose. Littering and Damage 53. A person shall not— (a) break or cause to be broken any glass, ceramic or other material in or upon the cemetery; (b) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in or upon the cemetery other than in a receptacle provided for that purpose.

GOVERNMENT GAZETTE, WA 102726 February 1998] Advertising 54. A person shall not carry on or advertise any trade, business or profession within the cemetery with- out the prior written approval of the Council which consent may be granted subject to such conditions as the Council thinks fit. Removal from the Cemetery 55. Any person failing to comply with any provisions of these Local Laws or behaving in a manner that in the opinion of the Council, the CEO or an authorised person is inappropriate in the Cemetery may in addition to any penalty provided by these Local Laws be ordered to leave the cemetery by the Council, the CEO or an authorised person. 56. Any person failing to comply with an order to leave the Cemetery made pursuant to Clause 55 may be expelled from the Cemetery and shall not re- enter the Cemetery for a period of twenty-four (24) hours. PART XII—OFFENCES AND MODIFIED PENALTY Offence 57. A person who commits a breach of any provisions of these Local Laws commits an offence and shall on conviction be liable to a penalty not exceeding $500.00 and if the offence is a continuing one to a further penalty not exceeding $20.00 for every day or part of a day during which the offence is continuing. Modified Penalties. 58. (1) A person who— (a) receives an infringement notice pursuant to sub-section (1) or (1)(a) of Section 63 of the Act; and (b) does not contest an allegation that an offence was committed against these Local Laws, may within the time specified in the notice, pay to the Council the modified penalty payable with respect to that offence. (2) The offences and modified penalties prescribed, with respect to offences against these Local Laws shall be as specified in the First Schedule. (3) The prescribed form of the notice referred to in Section 63 of the Act is set out in the Second Schedule. (4) The production of an acknowledgment from the Council of the payment of a modified penalty is a defence to a charge of the offence in respect of which that penalty was paid. (5) If it appears to the Council that an alleged offence cannot be adequately punished by the payment of the modified penalty then the Council may refrain from accepting the modified penalty and may in lieu take proceedings against the alleged offender in a Court of Petty Sessions. (6) A notice sent under section 63(3) of the Act withdrawing an infringement notice served under section 63(1) in respect of an offence alleged to have been committed against one of the provisions of these Local Laws shall be in or to the effect of the Third Schedule. First Schedule Local Laws relating to the Carnarvon Cemetery Item Clause Nature of Offence Modified No. Penalty 1 28 Excessive speed .......................................................................... $50.00 2 28 Unauthorised use—driving of vehicles ..................................... $50.00 3 30 Riding of bicycle ......................................................................... $20.00 4 40 Placing and removal of rubbish and surplus materials ........... $50.00 5 41 Leaving uncompleted works in an untidy or unsafe condition $50.00 6 49 Animal at large .......................................................................... $50.00 7 51 Unauthorised damage and removal of property ....................... $50.00 8 53 Dumping of Rubbish .................................................................. $50.00 9 54 Unauthorised advertising, and/or trading ................................ $50.00