4138GOVERNMENT GAZETTE, WA 1 August 2017

4138 GOVERNMENT GAZETTE, WA 1 August 2017 owner or occupier in relation to land does not include the local government; permissible verge treatment means any one of the 4 treatments described in clause 2.7(2), and includes any reticulation pipes and sprinklers; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; premises for the purpose of the definition of public place in both this clause and clause 6.1, means a building or similar structure, but does not include a carpark or a similar place; public place includes any thoroughfare or place which the public are allowed to use, whether or not the thoroughfare or place is on private property, but does not include— (a) premises on private property from which trading is lawfully conducted under a written law; and (b) local government property; Regulations means the Local Government (Functions and General) Regulations 1996; rural means a sub-set of rural living, generally located on the outskirts of an existing town. Rural settlement may also be used to describe proposals for rural living as this land use results in people settling in rural areas; rural residential means a sub-set of rural living and a land use zone with land parcels from 1 to 4 hectares in size and generally provided with scheme water and power supply; sign includes a notice, flag, mark, structure or device on which may be shown words, numbers, expressions or symbols; thoroughfare has the meaning given to it in the Act, but does not include a private thoroughfare which is not under the management control of the local government; town planning scheme means a town planning scheme of the local government made under the Planning and Development Act 2005; townsite means the townsites of Northampton, Kalbarri, Horrocks, Gregory, Binnu, Isseka and Ajana which are— (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in clause 37 of Schedule 9.3 of the Act; tracks or otherwise; and (b) an animal being ridden or driven, (a) a wheel-chair or any device designed for use by a physically impaired person on a footpath; and (b) a pram, a stroller, a shopping trolley or a similar device; and verge means that part of a thoroughfare between the carriageway and the land which abuts the thoroughfare, but does not include any footpath. 1.4 Application 1.5 Repeal (1) This local law repeals The Municipality of the Shire of Northampton By-law Relating to Trading in Public Places as published in the Government Gazette 20 March 1987. (2) Where a policy was made or adopted by the local government under or in relation to a local law repealed by this local law, then the policy is to be taken to no longer have any effect on and from the commencement day. (3) The Council may resolve that notwithstanding subclause (2) specified policies continue, or are to be taken to have continued, to have effect on and from the commencement day. PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES 2.1 General prohibitions A person shall not— (a) plant any plant (except grasses or a similar plant) within 10 metres of an intersection; (b) damage a lawn or a garden or remove any plant or part of a plant from a lawn or a garden unless— (i) the person is the owner or the occupier of the lot abutting that portion of the thoroughfare and the lawn or the garden or the particular plant has not been installed or planted by the local government; or (ii) the person is acting under the authority of a written law;