Public Places and Local Government Property Local Law 2016
5536GOVERNMENT GAZETTE, WA 6 December 2016
Start here
Get a plain-English read of 5536
Turn the raw legal text into a practical explanation grounded in Public Places and Local Government Property Local Law 2016.
5536 GOVERNMENT GAZETTE, WA 6 December 2016 waste includes matter— (a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is discharged into the environment; or (b) prescribed by regulations under the Waste Avoidance and Resource Recovery Act 2007 to be waste. 1.7 Interpretation In this local law, a reference to local government property includes a reference to any part of local government property. 1.8 Types of licences For the purposes of this local law— (a) a licence which authorises trading on any thoroughfare or local government property is to be referred to as a trading licence; (b) a licence which authorises the conduct or setting up of a market on any thoroughfare or local government property is to be referred to as a market licence; (c) a licence which authorises entertainment on any thoroughfare or local government property is to be referred to as an entertainment licence; and (d) a licence which authorises the sale of food on any thoroughfare or local government property is to be referred to as a food sales licence. 1.9 Assistance animals This local law is subject to any written law and any law of the Commonwealth about assistance animals as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth). 1.10 Overriding power to hire and agree Despite anything to the contrary in this local law, an authorised person, on behalf of the local government, may— (a) hire local government property to any person; or (b) enter into an agreement with any person regarding the use of any local government property. DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTYPART 2— 2.1 Determinations as to use of local government property The local government may make a determination in accordance with clause 2.2— (a) setting aside specified local government property for the pursuit of all or any of the activities referred to in clause 2.7; (b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on specified local government property; (c) as to the matters in clauses 2.7(2) and 2.8(2); and (d) as to any matter ancillary or necessary to give effect to a determination. 2.2 Procedure for making a determination (1) The local government is to give local public notice of the local government intention to make a determination. (2) The local public notice referred to in subclause (1) is to state that— (a) the local government intends to make a determination, the purpose and effect of which is summarised in the notice; (b) a copy of the proposed determination may be inspected and obtained from the offices of the local government; and (c) submissions in writing about the proposed determination may be lodged with the local government within 21 days after the date of publication. (3) If no submissions are received in accordance with subclause (2)(c), the local government is to decide to— (a) give local public notice that the proposed determination has effect as a determination on and from the date of publication; (b) amend the proposed determination, in which case subclause (5) is to apply; or (c) not continue with the proposed determination. (4) If submissions are received in accordance with subclause (2)(c), the local government is to— (a) consider those submissions; and (b) decide— (i) whether or not to amend the proposed determination; or (ii) whether or not to continue with the proposed determination. (5) If the local government decides to amend the proposed determination, it is to give local public notice— (a) of the effect of the amendments; and