Parking Local Law 2020

5 January 2021 GOVERNMENT GAZETTE, WA 3

PART 1—DEFINITIONS AND OPERATION 1.3 Repeal 1.4 Terms used 1.5 Application of particular terms 1.6 Application 1.7 Pre-existing signs 1.8 Classes of vehicles 1.9 Part of thoroughfare to which sign applies 1.10 Powers of the Council

PART 2—PARKING STALLS, PARKING STATIONS AND PARKING AREAS 2.1 Determination of parking stalls, parking stations and parking areas 2.2 Vehicles to be within parking stall on thoroughfare 2.3 Parking prohibitions and restrictions

PART 3—PARKING GENERALLY 3.1 Restrictions on parking in particular areas 3.2 Parking vehicle on a carriageway 3.3 When parallel and right-angled parking apply 3.4 When angle parking applies 3.5 General prohibitions on parking 3.6 Authorised person may order vehicle on thoroughfare to be moved 3.7 Authorised person may mark tyres 3.8 No movement of vehicles to avoid time limitation 3.9 No parking of vehicles exposed for sale and in other circumstances 3.10 Parking on private land 3.11 Parking on reserves 3.12 Suspension of parking limitations for urgent, essential or official duties

PART 4—PARKING AND STOPPING GENERALLY 4.1 No stopping and no parking signs, and yellow edge lines

PART 5—STOPPING IN ZONES FOR PARTICULAR VEHICLES 5.1 Stopping in a loading zone 5.2 Stopping in a taxi zone or a bus zone 5.3 Stopping in a mail zone 5.4 Other limitations in zones

PART 6—OTHER PLACES WHERE STOPPING IS RESTRICTED 6.1 Stopping in a shared zone 6.2 Double parking 6.3 Stopping near an obstruction

4 GOVERNMENT GAZETTE, WA 5 January 2021 6.4 Stopping on a bridge or in a tunnel, etc. 6.5 Stopping on crests, curves, etc. 6.6 Stopping near a fire hydrant etc 6.7 Stopping at or near a bus stop 6.8 Stopping on a path, median strip, or traffic island 6.9 Stopping on verge 6.10 Obstructing access to and from a path, driveway, etc. 6.11 Stopping near a letter box 6.12 Stopping on a carriageway—heavy and long vehicles 6.13 Stopping on a carriageway with a bicycle parking sign 6.14 Stopping on a carriageway with motor cycle parking sign

PART 7—MISCELLANEOUS 7.1 Removal of notices on vehicle 7.2 Unauthorised signs and defacing of signs 7.3 Signs must be complied with 7.4 General provisions about signs 7.5 Special purpose and emergency vehicles 7.6 Vehicles not to obstruct a public place

PART 8—ENFORCEMENT 8.1 Legal proceedings 8.2 Offences and penalties SCHEDULE 1—PARKING REGION SCHEDULE 2—PRESCRIBED OFFENCES

5 January 2021 GOVERNMENT GAZETTE, WA 5 Under the powers conferred by the Local Government Act 1995 and under all powers enabling it, the Council of the City of Busselton resolved on 25 November 2020 to make the following local law. PART 1—Preliminary This is the City of Busselton Parking Local Law 2020. This local law comes into operation 14 days after it is published in the Government Gazette. 1.3 Repeal The Shire of Busselton Parking Local Law 2011, published in the Government Gazette on

30 November 2011, is repealed. 1.4 Terms used In this local law, unless the contrary intention appears— Act means the Local Government Act 1995; authorised person means a person appointed by the Council or the CEO, under section 9.10 of the Act, to perform any of the functions of an authorised person under this local law; authorised vehicle means a vehicle authorised by the CEO or an authorised person, or under any written law, to be parked on a thoroughfare or parking facility; bicycle has the meaning given in the Code; bicycle path has the meaning given in the Code; bus has the meaning given in the Code; bus embayment has the meaning given in the Code; bus stop has the meaning given in the Code; bus zone has the meaning given in the Code; caravan has the meaning given in the Caravans Parks and Camping Grounds Act 1995; carriageway means— (a) a portion of thoroughfare that is improved, designed or ordinarily used for vehicular traffic and includes the shoulders, and areas, including embayments, at the side or centre of the carriageway, used for the stopping or parking of vehicles; and (b) where a thoroughfare has 2 or more of those portions divided by a median strip, the expression means each of those portions, separately; centre in relation to a carriageway, means a line or a series of lines, marks or other indications— (a) for a 2-way carriageway—placed so as to delineate vehicular traffic travelling in different directions; or (b) in the absence of any such lines, marks or other indications—the middle of the main, travelled portion of the carriageway; children’s crossing has the meaning given in the Code; CEO means the Chief Executive Officer of the local government; City means the City of Busselton; Code means the Road Traffic Code 2000; commercial vehicle— (a) means a motor vehicle constructed for the conveyance of goods or merchandise, or for the conveyance of materials used in any trade, business, industry or work whatsoever, other than a motor vehicle for the conveyance of passengers; and

6 GOVERNMENT GAZETTE, WA 5 January 2021 (b) includes any motor vehicle that is designed primarily for the carriage of persons, but which has been fitted or adapted for the conveyance of the goods, merchandise or materials referred to, and is in fact used for that purpose; Council means the Council of the local government; disability parking permit has the meaning given in the Local Government (Parking for People with Disabilities) Regulations 2014; district means the district of the local government; driver means any person driving or in control of a vehicle; edge line for a carriageway means a line marked along the carriageway at or near the far left or the far right of the carriageway; emergency vehicle has the meaning given in the Code; footpath has the meaning given in the Code; GVM (which stands for ‘gross vehicle mass’), in relation to a vehicle, has the meaning given in the Road Traffic (Vehicles) Act 2012; loading zone means a parking stall which is set aside for use by commercial vehicles if there is a sign referable to that stall marked ‘loading zone’; local government means the City of Busselton; mail zone has the meaning given in the Code; median strip has the meaning given in the Code; motor cycle has the meaning given in the Code; motor vehicle means a self-propelled vehicle that is not operated on rails; and the expression includes a trailer, semi-trailer or caravan while attached to a motor vehicle, but does not include a power assisted pedal cycle; no parking area has the meaning given in the Code; no parking sign means a sign with— (a) the words ‘no parking’ in red letters on a white background; or (b) the letter ‘P’ within a red annulus and a red diagonal line across it on a white background; no stopping area has the meaning given in the Code; no stopping sign means a sign with— (a) the words ‘no stopping’ or ‘no standing’ in red letters on a white background; or (b) the letter ‘S’ within a red annulus and a red diagonal line across it on a white background; occupier has the meaning given in the Act; owner— (a) where used in relation to a vehicle licensed under the Road Traffic (Vehicles) Act 2012, means the person in whose name the vehicle has been registered under that Act; (b) where used in relation to any other vehicle, means the person who owns, or is entitled to possession of, that vehicle; and (c) where used in relation to land, has the meaning given to it by the Act; park has the meaning given in the Code; parking area has the meaning given in the Code; parking facilities— (a) means land, buildings, shelters, parking stations, parking stalls and other facilities open to the public generally for the parking of vehicles with or without charge; and (b) includes signs, notices and facilities used in connection with the parking of vehicles; parking region means the area described in Schedule 1; parking stall means a section or part of a thoroughfare or parking station which is marked or defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the purpose of indicating where a vehicle may be parked; parking station means any land or structure provided for the purpose of accommodating vehicles with or without charge; pedestrian crossing has the meaning given in the Code; public place means any place to which the public has access whether or not that place is on private property; reserve means any land— (a) which belongs to the local government; (c) which is an ‘otherwise unvested facility’ within the meaning of section 3.53 of the Act; Road Traffic Act means the Road Traffic Act 1974; Schedule means a Schedule to this local law;

5 January 2021 GOVERNMENT GAZETTE, WA 7 shared zone has the meaning given in the Code; sign includes a traffic sign, inscription, road marking, mark, structure or device, on which may be shown words, numbers, expressions or symbols, that is— (a) approved by the CEO or an authorised person; and (b) placed on or near a thoroughfare or within a parking station or reserve for the purpose of prohibiting, regulating, guiding, directing or restricting the parking and stopping of vehicles; special purpose vehicle has the meaning given in the Code; stop, in relation to a vehicle, has the meaning given in the Code; symbol includes any symbol specified by Australian Standard 1742.11-1999 and any symbol specified from time to time by Standards Australia for use in the regulation of parking and any reference to the wording of any sign in this local law is taken to include a reference to the corresponding symbol; taxi has the meaning given in the Code; taxi zone has the meaning given in the Code; thoroughfare has the meaning given in the Act; traffic island has the meaning given in the Code; trailer has the meaning given in the Code; vehicle has the meaning given in the Road Traffic (Administration) Act 2008; and verge means the portion of a thoroughfare which lies between the boundary of a carriageway and the adjacent property line, but does not include a footpath. 1.5 Application of particular terms (1) For the purposes of the application of the terms ‘no parking area’ and ‘parking area’, an arrow inscribed on a traffic sign erected at an angle to the boundary of the carriageway is taken to be pointing in the direction in which it would point, if the signs were turned at an angle of less than 90 degrees until parallel with the boundary. (2) Unless the context otherwise requires, where a term is used, but not defined, in this local law, and that term is defined in the Road Traffic Act, the Road Traffic (Administration) Act 2008, the Road Traffic (Vehicles) Act 2012 or in the Code, then the term is to have the meaning given in one of those Acts or the Code. 1.6 Application (1) Subject to subclause (2), this local law applies to the parking region. (2) This local law does not apply to a parking facility or a parking station that is not occupied by the local government, unless the local government and the owner or occupier of that facility or station have agreed in writing that this local law will apply to that facility or station. (3) The agreement referred to in subclause (2) may be made on such terms and conditions as the parties may agree. 1.7 Pre-existing signs (1) A sign that— (a) was erected by the local government or the Commissioner of Main Roads before the commencement of this local law; and (b) relates to the parking of vehicles within the parking region, is taken to have been erected by the local government under this local law. (2) An inscription, word, number, expression or symbol on a sign referred to in subclause (1) operates and has effect according to its tenor. (3) Where an inscription, word, number, expression or symbol relates to the stopping of vehicles, it is taken to operate and have effect as if it related to the parking of vehicles. (4) Parts 2, 3, 4 and 5 of this local law do not apply to a bicycle parked at a bicycle rail or bicycle rack. 1.8 Classes of vehicles For the purposes of this local law, vehicles are divided into classes as follows— (a) buses; (b) commercial vehicles; (c) motorcycles and bicycles; (d) taxis; and (e) all other vehicles. 1.9 Part of thoroughfare to which sign applies Where under this local law the parking of vehicles in a thoroughfare is controlled by a sign, the sign is to be read as applying to that part of the thoroughfare which— (a) lies beyond the sign; (b) lies between the sign and the next sign beyond that sign; and (c) is on that side of the thoroughfare nearest to the sign.

8 GOVERNMENT GAZETTE, WA 5 January 2021 1.10 Powers of the Council The Council may prohibit or regulate, by signs or otherwise, the stopping or parking of any vehicle or any class of vehicles in any part of the parking region but must do so consistently with this local law. PART 2—PARKING STALLS, PARKING STATIONS AND PARKING AREAS 2.1 Determination of parking stalls, parking stations and parking areas (1) The Council may by resolution constitute, determine or vary— (a) parking stalls; (b) parking stations; (c) parking areas; (d) no parking areas; (e) no stopping areas; (f) permitted time and conditions of parking in parking stalls, parking stations and parking areas which may vary with the locality; (g) permitted classes of vehicles which may park in parking stalls, parking areas and parking stations; (h) permitted classes of persons who may park in specified parking stalls, parking stations and parking areas; and (i) the manner of parking in parking stalls, parking stations and parking areas. (2) Where the Council makes a determination under subclause (1), the CEO must give local public notice of, and erect signs to give effect to, the determination. 2.2 Vehicles to be within parking stall (1) Subject to subclauses (2), (3) and (4), a person must not park a vehicle in a parking stall otherwise than— (a) parallel to and as close to the kerb as is practicable; (b) wholly within the stall; and (c) if in a thoroughfare, headed in the direction of the movement of traffic on the side of the thoroughfare in which the stall is situated. (2) Subject to subclause (3), where a parking stall is set out otherwise than parallel to the kerb, then a person must park a vehicle in that stall wholly within it. (3) If a vehicle is too long or too wide to fit completely within a single parking stall then the person parking the vehicle must do so within the minimum number of parking stalls needed to park that vehicle. (4) A person must not park a vehicle partly within and partly outside a parking area. 2.3 Parking prohibitions and restrictions (a) park a vehicle so as to obstruct an entrance to or an exit from a parking station, or an access way within a parking station; (b) except with the permission of the CEO or an authorised person, park a vehicle on any part of a parking station contrary to a sign referable to that part; (c) permit a vehicle to park on any part of a parking station, if an authorised person directs the driver of such vehicle to move the vehicle; or (d) park or attempt to park a vehicle in a parking stall in which another vehicle is parked, but this paragraph does not prevent the parking of a motorcycle and a bicycle together in a stall marked ‘M/C’, if the bicycle is parked in accordance with subclause (2). (2) Despite subclause (1)(b), a driver may park a vehicle in a permissive parking stall or station (except in a parking area for people with disabilities) for twice the length of time allowed, provided that— (a) the driver’s vehicle displays a current disability parking permit; and (b) a disabled person to which that disability parking permit relates is either the driver of the vehicle or a passenger in the vehicle. PART 3—PARKING GENERALLY 3.1 Restrictions on parking in particular areas (1) Subject to subclause (3), a person must not park a vehicle in a thoroughfare or part of a thoroughfare, or part of a parking station— (a) if by a sign it is set apart for the parking of vehicles of a different class; (b) if by a sign it is set apart for the parking of vehicles by persons of a different class; or (c) during any period when the parking of vehicles is prohibited by a sign.

5 January 2021 GOVERNMENT GAZETTE, WA 9 (2) Subclause (3) applies to a driver if— (a) the driver’s vehicle displays a current disability parking permit; and (b) a person with a disability to which the disability parking permit relates is either the driver of the vehicle or a passenger in the vehicle. (3) The driver may park a vehicle in a thoroughfare, part of a thoroughfare or part of a parking station, except in a thoroughfare or a part of a thoroughfare or part of a parking station to which a disabled parking sign relates, for twice the period indicated on the sign. (4) A person must not park a vehicle— (a) in a no parking area; (b) in a parking area, except in accordance with both the signs associated with the parking area and with this local law; or (c) in a stall marked ‘M/C’ unless it is a motorcycle without a sidecar or a trailer, or it is a bicycle. (5) A person must not, without the permission of the CEO or an authorised person, park a vehicle in an area designated by a sign stating ‘authorised vehicles only’. 3.2 Parking vehicle on a carriageway (1) A person parking a vehicle on a carriageway other than in a parking stall must park it— (a) in the case of 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 parked; (b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with either 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 parked; (c) so that at least 3 metres of the width of the carriageway lies between the vehicle and the farther boundary of the carriageway, or any continuous line or median strip, or between the vehicle and a vehicle parked on the farther side of the carriageway; (d) so that the front and the rear of the vehicle respectively is not less than 1 metre from any other vehicle, except a bicycle, or a motorcycle without a trailer, parked in accordance with this local law; and (e) so that it does not obstruct any vehicle on the carriageway, unless otherwise indicated on a sign or by marks on the carriageway. (2) In this clause, ‘continuous dividing line’ means— (a) a single continuous dividing line only; (b) a single continuous dividing line to the left or right of a broken dividing line; or (c) 2 parallel continuous dividing lines. 3.3 When parallel and right-angled parking apply Where a traffic sign associated with a parking area is not inscribed with the words ‘angle parking’ (or with an equivalent symbol depicting this purpose), then unless a sign associated with the parking area indicates, or marks on the carriageway indicate, that vehicles have to park in a different position, where the parking area is— (a) adjacent to the boundary of a carriageway, a person parking a vehicle in the parking area must park it as near as practicable to and parallel with that boundary; and (b) at or near the centre of the carriageway, a person parking a vehicle in that parking area must park it at approximately right angles to the centre of the carriageway. 3.4 When angle parking applies (1) This clause does not apply to— (a) a passenger vehicle or a commercial vehicle with a mass including any load, of over 3 tonnes; or (b) a person parking either a motor cycle without a trailer, or a bicycle. (2) Where a sign associated with a parking area is inscribed with the words ‘angle parking’ (or with an equivalent symbol depicting this purpose), a person parking a vehicle in the area must park the vehicle at an angle of approximately 45 degrees to the centre of the carriageway unless otherwise indicated by the inscription on the parking sign or by marks on the carriageway. 3.5 General prohibitions on parking (1) This clause does not apply to a vehicle that is permitted to be parked in a parking stall or to a bicycle in a bicycle rack. (2) Subclauses (3)(c), (e) and (g) do not apply to a vehicle that is permitted to be parked in a bus embayment. (3) Subject to any law relating to intersections with traffic control signals, a person must not park a vehicle so that any portion of the vehicle is— (a) between any other stationary vehicles and the centre of the carriageway; (b) on or adjacent to a median strip;

10 GOVERNMENT GAZETTE, WA 5 January 2021 (c) obstructing a right of way, private drive or carriageway or so close as to deny a vehicle reasonable access to or egress from the right of way, private drive or carriageway; (d) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the carriageway, if the vehicle would obstruct traffic; (e) on or within 10 metres of any portion of a carriageway bounded by a traffic island; (f) on any footpath or pedestrian crossing; (g) between the boundaries of a carriageway and any double longitudinal line consisting of 2 continuous lines or between a double longitudinal line consisting of a continuous line and a broken or dotted line and the boundary of a carriageway nearer to the continuous line, unless there is a distance of at least 3 metres clear between the vehicle and the double longitudinal line; (h) on an intersection, except adjacent to a carriageway boundary that is not broken by an intersecting carriageway; (i) within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug; (j) within 3 metres of a public letter pillar box, unless the vehicle is being used for the purposes of collecting postal articles from the pillar box; or (k) within 10 metres of the nearer property line of any thoroughfare intersecting the thoroughfare on the side on which the vehicle is parked, unless a sign or markings on the carriageway indicate otherwise. (4) A person must not park a vehicle so that any portion of the vehicle is within 10 metres of the departure side of— (a) a sign inscribed with the words ‘Bus Stop’ or ‘Hail Bus Here’ (or with equivalent symbols depicting these purposes) unless the vehicle is a bus stopped to take up or set down (5) A person must not park a vehicle so that any portion of the vehicle is within 20 metres of the approach side of— (a) a sign inscribed with the words ‘Bus Stop’ or ‘Hail Bus Here’ (or with equivalent symbols depicting these purposes) unless the vehicle is a bus stopped to take up or set down passengers; (6) A person must not park a vehicle so that any portion of the vehicle is within 20 metres of either the approach side or the departure side of the nearest rail of a railway level crossing. 3.6 Authorised person may order vehicle on thoroughfare to be moved The driver of a vehicle must not park, or continue to park, that vehicle on any part of a thoroughfare in contravention of this local law after an authorised person has directed the driver to move it. 3.7 Authorised person may mark tyres (1) An authorised person may mark the tyres of a vehicle parked in a parking facility with chalk or any other non-indelible substance for a purpose connected with or arising out of his or her duties or powers. (2) A person must not remove a mark made by an authorised person so that the purpose of the affixing of the mark is defeated or likely to be defeated. 3.8 No movement of vehicles to avoid time limitation (1) Where the parking of vehicles in a parking facility is permitted for a limited time, a person must not move a vehicle within the parking facility so that the total time of parking exceeds the maximum time allowed for parking in the parking facility. (2) Where the parking of vehicles in a thoroughfare is permitted for a limited time, a person must not move a vehicle along that thoroughfare so that the total time of parking exceeds the maximum time permitted, unless the vehicle has first been removed from the thoroughfare for at least 2 hours. 3.9 No parking of vehicles exposed for sale and in other circumstances A person must not park a vehicle on any portion of a thoroughfare— (a) for the purpose of exposing it for sale; (b) if that vehicle is a motor vehicle which is not licensed under the Road Traffic (Vehicles) Act 2012; (c) if that vehicle is a trailer or a caravan unattached to a motor vehicle; or (d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable the vehicle to be moved to a place other than a thoroughfare. 3.10 Parking on private land (1) In this clause a reference to ‘land’ does not include land— (a) which belongs to the local government; Act 1997;

5 January 2021 GOVERNMENT GAZETTE, WA 11 (c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act; or (d) which is the subject of an agreement referred to in clause 1.6(2). (2) A person must not park a vehicle on land without the consent of the owner or occupier of the land on which the vehicle is parked. (3) Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to the parking of vehicles of a specified class or classes on the land for a limited period, a person must not park a vehicle on the land otherwise than in accordance with the consent. 3.11 Parking on reserves A person, other than an employee of the local government in the course of his or her duties or a person authorised by the local government, must not drive or park a vehicle on or over any portion of a reserve other than on an area specifically set aside for that purpose. 3.12 Suspension of parking limitations for urgent, essential or official duties (1) Where by a sign the parking of vehicles is permitted for a limited time on a portion of a thoroughfare or parking facility, the CEO or an authorised person may, subject to the Code, permit a person to park a vehicle in that portion of the thoroughfare or parking facility for longer than the permitted time to enable the person to carry out urgent, essential or official duties. (2) Where permission is granted under subclause (1) the CEO or an authorised person may, for the duration of that permission, prohibit the use by any other vehicle of that portion of the thoroughfare or parking facility to which the permission relates. PART 4—STOPPING GENERALLY 4.1 No stopping and no parking signs, and yellow edge lines (1) In this clause, ‘unattended’, in relation to a vehicle, means that the driver of the vehicle has left the vehicle and the driver is more than 3 metres from the closest point to the vehicle. (2) A driver must not stop on a length of carriageway, or in an area, to which a ‘no stopping’ sign applies. (3) A driver must not stop on a length of carriageway, or in an area, to which a ‘no parking’ sign applies, unless the driver is— (a) dropping off, or picking up, passengers or goods; (b) does not leave the vehicle unattended; and (c) completes the dropping off, or picking up, of the passengers or goods within 2 minutes of stopping and drives on. (4) A driver must not stop at the side of a carriageway marked with a continuous yellow edge line. PART 5—STOPPING IN ZONES FOR PARTICULAR VEHICLES 5.1 Stopping in a loading zone A person must not stop a vehicle in a loading zone unless it is— (a) a motor vehicle used for commercial or trade purposes engaged in the picking up or setting down of goods; or (b) a motor vehicle taking up or setting down passengers, but, in any event, must not remain in that loading zone— (c) for longer than a time indicated on the ‘loading zone’ sign; or (d) longer than 30 minutes (if no time is indicated on the sign). 5.2 Stopping in a taxi zone or a bus zone (1) A driver must not stop in a taxi zone, unless the driver is driving a taxi. (2) A driver must not stop in a bus zone unless the driver is driving a public bus, or a bus of a type that is permitted to stop at the bus zone by information on or with the ‘bus zone’ sign applying to the bus zone. 5.3 Stopping in a mail zone A person must not stop a vehicle in a mail zone. 5.4 Other limitations in zones A person must not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would be contrary to the sign, including any limitation on the sign in respect of classes of persons or vehicles, or specific activities allowed. PART 6—OTHER PLACES WHERE STOPPING IS RESTRICTED 6.1 Stopping in a shared zone A driver must not stop in a shared zone unless— (a) the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law;

12 GOVERNMENT GAZETTE, WA 5 January 2021 (b) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under this local law; (c) the driver is dropping off, or picking up, passengers or goods; or (d) the driver is engaged in door-to-door delivery or collection of goods, or in the collection of waste or garbage. 6.2 Double parking (1) A driver must not stop a vehicle so that any portion of the vehicle is between any other stopped vehicle and the centre of the carriageway. (2) This clause does not apply to— (a) a driver stopped in traffic; or (b) a driver angle parking on the side of the carriageway or in a median strip parking area, in accordance with this local law. 6.3 Stopping near an obstruction A driver must not stop on a carriageway near an obstruction on the carriageway in a position that further obstructs traffic on the carriageway. 6.4 Stopping on a bridge or in a tunnel, etc. (1) A driver must not stop a vehicle on a bridge, causeway, ramp or similar structure unless— (a) the carriageway is at least as wide on the structure as it is on each of the approaches and a traffic sign does not prohibit stopping or parking; or (2) A driver must not stop a vehicle in a tunnel or underpass unless— (a) the carriageway is at least as wide in the tunnel or underpass as it is on each of the approaches and a traffic sign does not prohibit stopping or parking; or (b) the driver of a motor vehicle stops at a bus stop, or in a bus zone or parking area marked on the carriageway, for the purpose of setting down or taking up passengers. 6.5 Stopping on crests, curves, etc. (1) Subject to subclause (2), a driver must not stop a vehicle on, or partly on, a carriageway, in any position where it is not visible to the driver of an overtaking vehicle, from a distance of 50 metres within a built-up area, and from a distance of 150 metres outside a built-up area. (2) A driver may stop on a crest or curve on a carriageway that is not in a built-up area if the driver stops at a place on the carriageway, or in an area, to which a sign applies and the driver is permitted to stop at that place under this local law. 6.6 Stopping near a fire hydrant etc (1) A driver must not stop a vehicle so that any portion of the vehicle is within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug, (a) the driver is driving a public bus, and the driver stops in a bus zone or at a bus stop and does not leave the bus unattended; or (b) the driver is driving a taxi, and the driver stops in a taxi zone and does not leave the taxi unattended. (2) In this clause a driver leaves the vehicle ‘unattended’ if the driver leaves the vehicle so the driver is over 3 metres from the closest point of the vehicle. 6.7 Stopping at or near a bus stop (1) A driver must not stop a vehicle so that any portion of the vehicle is within 20 metres of the approach side of a bus stop, or within 10 metres of the departure side of a bus stop, unless— (a) the vehicle is a public bus stopped to take up or set down passengers; or (a) distances are measured in the direction in which the driver is driving; and (b) a trailer attached to a public bus is taken to be a part of the public bus. 6.8 Stopping on a path, median strip, or traffic island The driver of a vehicle (other than a bicycle or an animal) must not stop so that any portion of the vehicle is on a path, traffic island or median strip, unless the driver— (a) stops in an area to which a sign applies; and (b) the driver is permitted to stop at that place under this local law. 6.9 Stopping on verge (a) stop a vehicle (other than a bicycle); (b) stop a commercial vehicle or bus, or a trailer or caravan unattached to a motor vehicle; or

5 January 2021 GOVERNMENT GAZETTE, WA 13 (c) stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a sign adjacent and referable to that verge, so that any portion of it is on a verge. (2) Subclause (1)(a) does not apply to the person if he or she is the owner or occupier of the premises adjacent to that verge, or is a person authorised by the occupier of those premises to stop the vehicle so that any portion of it is on the verge. (3) Subclause (1)(b) does not apply to a commercial vehicle when it is being loaded or unloaded with reasonable expedition with goods, merchandise or materials collected from or delivered to the premises adjacent to the portion of the verge on which the commercial vehicle is parked, provided no obstruction is caused to the passage of any vehicle or person using a carriageway or a path. 6.10 Obstructing access to and from a path, driveway, etc. (1) A driver must not stop a vehicle so that any portion of the vehicle is in front of a path, in a position that obstructs access by vehicles or pedestrians to or from that path, unless— (a) the driver is dropping off, or picking up, passengers; or (b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall under this local law. (2) A driver must not stop a vehicle on or across a driveway or other way of access for vehicles travelling to or from adjacent land, unless— (a) the driver is dropping off, or picking up, passengers; or (b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall under this local law. 6.11 Stopping near a letter box A driver must not stop a vehicle so that any portion of the vehicle is within 3 metres of a public letter box, unless the driver— (a) is dropping off, or picking up, passengers or mail; or (b) stops at a place on a length of carriageway, or in an area, to which a sign applies and the driver is permitted to stop at that place under this local law. 6.12 Stopping on a carriageway—heavy and long vehicles (1) A person must not park a vehicle or any combination of vehicles, that, together with any projection on, or load carried by, the vehicle or combination of vehicles, is 7.5 metres or more in length or exceeds a GVM of 4.5 tonnes— (a) on a carriageway in a built-up area, for any period exceeding one hour, unless engaged in the picking up or setting down of goods; or (b) on a carriageway outside a built-up area, except on the shoulder of the carriageway, or in a truck bay or other area set aside for the parking of goods vehicles. (2) Nothing in this clause affects the limitations or condition imposed by any other clause or by any local law or sign relating to the parking or stopping of vehicles. 6.13 Stopping on a carriageway with a bicycle parking sign The driver of a vehicle (other than a bicycle) must not stop on a length of carriageway to which a ‘bicycle parking’ sign applies, unless the driver is dropping off, or picking up, passengers. 6.14 Stopping on a carriageway with motor cycle parking sign The driver of a vehicle must not stop on a length of carriageway, or in an area, to which a ‘motor cycle parking’ sign applies, or an area marked ‘M/C’ unless— (a) the vehicle is a motor cycle; or (b) the driver is dropping off, or picking up, passengers. PART 7—MISCELLANEOUS 7.1 Removal of notices on vehicle A person, other than the driver of the vehicle or a person acting under the direction of the driver of the vehicle, must not remove from the vehicle any notice put on the vehicle by an authorised person. 7.2 Unauthorised signs and defacing of signs A person must not without the authority of the CEO or an authorised person— (a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or exhibited by the local government under this local law; (b) remove, deface or misuse a sign or property, set up or exhibited by the local government under this local law or attempt to do any such act; or (c) affix a board, sign, placard, notice or other thing to or paint or write on any part of a sign set up or exhibited by the local government under this local law. 7.3 Signs must be complied with An inscription or symbol on a sign operates and has effect according to its tenor and a person contravening the direction on a sign commits an offence under this local law.

14 GOVERNMENT GAZETTE, WA 5 January 2021 7.4 General provisions about signs (1) A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the absence of evidence to the contrary, presumed to be a sign marked, erected, set up, established or displayed under the authority of this local law. (2) The first 3 letters of any day of the week when used on a sign indicate that day of the week. 7.5 Special purpose and emergency vehicles Despite anything to the contrary in this local law— (a) the driver of a special purpose vehicle may, only in the course of his or her duties and when it is expedient and safe to do so, stop or park the vehicle in any place at any time; and (b) the driver of an emergency vehicle may, in the course of his or her duties and when it is expedient and safe to do so or where he or she honestly and reasonably believes that it is expedient and safe to do so, stop or park the vehicle at any place at any time. 7.6 Vehicles not to obstruct a public place (1) A person must not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the use of any part of that public place without the permission of the CEO or an authorised person, or unless authorised under any written law. (2) A person does not contravene subclause (1) if the vehicle is left for a period not exceeding 24 hours. PART 8—ENFORCEMENT 8.1 Legal proceedings Evidentiary provisions relating to offences involving vehicles are contained in Division 2 of Part 9 of the Act. 8.2 Offences and penalties (1) A person who breaches a provision of this local law commits an offence. (2) An offence against any provision of this local law is a prescribed offence for the purposes of section 9.16(1) of the Act. (3) A person who commits an offence under this local law is to be liable, on conviction, to a penalty not exceeding $5,000 and, if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. (4) The amount appearing in the final column of Schedule 2 directly opposite a clause specified in that Schedule is the modified penalty for an offence against that clause. ———— PARKING REGION [Clause 1.6] The parking region is the whole of the district, but excludes the following portions of the district—

1. the approach and departure prohibition areas of all existing and future traffic control signal installations as determined by the Commissioner of Main Roads;
2. prohibition areas applicable to all existing and future bridges and subways as determined by the Commissioner of Main Roads; and
3. any road which comes under the control of the Commissioner of Main Roads unless the control of parking and parking facilities on that road is carried out subject to the control and direction of the Commissioner of Main Roads or has been delegated by the Commissioner to the local government. ———— PARKING LOCAL LAW [Clause 8.2] Item 1 2.2 Failure to park wholly within parking stall 60 2 2.2(4) Failure to park wholly within parking area 60 3 2.3(1)(a) Causing obstruction in parking station 60 4 2.3(1)(b) Parking contrary to sign in parking station 60 5 2.3(1)(c) Parking contrary to directions of authorised person 60

5 January 2021 GOVERNMENT GAZETTE, WA 15 Item 6 2.3(1)(d) Parking or attempting to park a vehicle in a parking stall occupied by another vehicle 60 7 3.1(1)(a) Parking wrong class of vehicle 60 8 3.1(1)(b) Parking by persons of a different class 60 9 3.1(1)(c) Parking during prohibited period 60 10 3.1(4)(a) Parking in no parking area 60 11 3.1(4)(b) Parking contrary to signs or limitations 60 12 3.1(4)(c) Parking vehicle in motor cycle only area 60 13 3.1(5) Parking without permission in an area designated for ‘Authorised Vehicles Only’ 60 14 3.2(1)(a) Failure to park on the left of two-way carriageway 100 15 3.2(1)(b) Failure to park on boundary of one-way carriageway 60 16 3.2(1)(a) or 3.2(1)(b) Parking against the flow of traffic 17 3.2(1)(c) Parking when distance from farther boundary less than 3 metres 60 18 3.2(1)(d) Parking closer than 1 metre from another vehicle 60 19 3.2(1)(e) Causing obstruction 100 20 3.3(b) Failure to park at approximate right angle 60 21 3.4(2) Failure to park at an appropriate angle 60 22 3.5(3)(a) and 6.2 Double parking 23 3.5(3)(b) Parking on or adjacent to a median strip 60 24 3.5(3)(c) Denying access to private drive or right of way 100 25 3.5(3)(d) Parking beside excavation or obstruction so as to obstruct traffic 100 26 3.5(3)(e) Parking within 10 metres of traffic island 60 27 3.5(3)(f) Parking on footpath/pedestrian crossing 100 28 3.5(3)(g) Parking contrary to continuous line markings 60 29 3.5(3)(h) Parking on intersection 100 30 3.5(3)(i) Parking within 1 metre of fire hydrant or fire plug 100 31 3.5(3)(j) Parking within 3 metres of public letter box 60 32 3.5(3)(k) Parking within 10 metres of intersection 100 33 3.5(4)(a) or (b) Parking vehicle within 10 metres of departure side of bus stop, children’s crossing or pedestrian crossing 100 34 3.5(5)(a) or (b) Parking vehicle within 20 metres of approach side of bus stop, children’s crossing or pedestrian crossing 100 35 3.5(6) Parking vehicle within 20 metres of approach side or departure side of railway level crossing 100 36 3.6 Parking contrary to direction of authorised person 100 37 3.7(2) Removing mark of authorised person 100 38 3.8 Moving vehicle to avoid time limitation 60 39 3.9(a) Parking in thoroughfare for purpose of sale 60 40 3.9(b) Parking unlicensed vehicle in thoroughfare 100 41 3.9(c) Parking a trailer/caravan on a thoroughfare 60 42 3.9(d) Parking in thoroughfare for purpose of repairs 100 43 3.10 (2) Parking on land that is not a parking facility without consent 100 44 3.10(3) Parking on land not in accordance with consent 100 45 3.11 Driving or parking on reserve 100 46 4.1(2) Stopping contrary to a ‘no stopping’ sign 60 47 4.1(3) Parking contrary to a ‘no parking’ sign 60 48 4.1(4) Stopping within continuous yellow lines 60 49 5.1 Stopping unlawfully in a loading zone 100 50 5.2 Stopping unlawfully in a taxi zone or bus zone 100 51 5.3 Stopping unlawfully in a mail zone 60 52 5.4 Stopping in a zone contrary to a sign 60

16 GOVERNMENT GAZETTE, WA 5 January 2021 Item 53 6.1 Stopping in a shared zone 100 54 6.3 Stopping near an obstruction 100 55 6.4 Stopping on a bridge or tunnel 100 56 6.5 Stopping on crests/curves etc 100 57 6.6 Stopping near fire hydrant 100 58 6.7 Stopping near bus stop 100 59 6.8 Stopping on path, median strip or traffic island 100 60 6.9 Stopping on verge 60 61 6.10 Obstructing path, a driveway etc 100 62 6.11 Stopping near letter box 60 63 6.12 Stopping heavy or long vehicles on carriageway 100 64 6.13 Stopping in bicycle parking area 60 65 6.14 Stopping in motorcycle parking area 60 66 7.6 Leaving vehicle so as to obstruct a public place 100 67 8.2(1) All other offences not specified 60 Dated 27 November, 2020. The Common Seal of the City of Busselton was affixed by authority of a resolution of the Council in the presence of— GRANT DOUGLAS HENLEY, Mayor. MICHAEL STEPHEN LEE ARCHER, Chief Executive Officer.

PERTH, TUESDAY, 5 JANUARY 2021 No. 2 SPECIAL PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY

5 January 2021 GOVERNMENT GAZETTE, WA 19 PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY 1.4 Repeal and transitional provisions 1.5 Definitions 1.6 Interpretation 1.7 Overriding power to hire and agree PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY 2.1 Determinations as to use of local government property 2.2 Procedure for making a determination 2.3 Discretion to erect sign 2.4 Determination to be complied with 2.5 Register of determinations 2.6 Amendment or revocation of a determination 2.7 Activities which may be pursued on specified local government property 2.8 Activities which may be prohibited on specified local government property 2.9 Sign under repealed local law taken to be determination PART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A PERMIT 3.1 Activities requiring a permit 3.2 Erecting structures or camping 3.3 Licence required for possession and consumption of liquor PART 4—ADVERTISING SIGNS ON THOROUGHFARES 4.1 Interpretation 4.2 Advertising signs and portable direction signs 4.3 Matters to be considered in determining application for permit 4.4 Conditions on portable sign PART 5—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY

Division 1—Prohibited behaviour 5.1 Behaviour which interferes with others 5.2 Behaviour detrimental to property 5.3 Taking or injuring fauna 5.4 Flora 5.5 Animals 5.6 Intoxicated persons not to be on local government property 5.7 Only specified gender to use entry of toilet block or change room

20 GOVERNMENT GAZETTE, WA 5 January 2021

Division 2—Signs and powers to give directions 5.8 Signs 5.9 Authorised person to be obeyed 5.10 Refusal of entry and removal 5.11 Disposal of lost property PART 6—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY Division 1—Functions and closed property 6.1 No unauthorised entry to function 6.2 No entry to fenced or closed local government property Division 2—Golf courses 6.3 Interpretation 6.4 Observance of special conditions of play 6.5 Children under the age of 10 years 6.6 Powers of authorised persons or surf life saving club members 6.7 Authority of local government employee to prevail 6.8 Persons to comply with signs and directions

Division 4—Airports 6.9 Application 6.10 Use by aircraft 6.11 Right of entry to airport 6.12 Access of animals restricted

Division 5—Jetties 6.13 Interpretation 6.14 Application for consent and application fee 6.15 When use of jetty is prohibited 6.16 Method of berthing boat 6.17 When boat may remain berthed 6.18 Authorised person may order removal of boat 6.19 Restrictions on launching 6.20 Loading and discharging 6.21 Outgoing cargo not to be stored on jetty 6.22 Removal of incoming cargo from jetty 6.23 Authorised person may direct removal 6.24 Handling of bulk cargo 6.25 Polluting surrounding area 6.26 Limitations on fishing PART 7—ROADSIDE CONSERVATION 7.1 Interpretation 7.2 Application 7.3 Declaration of flora road 7.4 Construction works on flora roads 7.5 Signposting of flora roads 7.6 Driving only on carriageway of flora roads 7.7 Designation of special environmental areas 7.8 Marking of special environmental areas 7.9 Permit to plant 7.10 Relevant considerations in determining application 7.11 Permit to clear 7.12 Application for permit 7.13 Permit to burn thoroughfare 7.14 Application for permit 7.15 When application for permit can be approved 7.16 Prohibitions on burning 7.17 Permit for firebreaks on thoroughfares 7.18 When application for permit cannot be approved 7.19 General prohibition on commercial wildflower harvesting 7.20 Permit for revegetation projects

5 January 2021 GOVERNMENT GAZETTE, WA 21 PART 8—ACTIVITIES IN STREETS Division 1—General 8.1 General prohibitions 8.2 Activities allowed with a permit 8.3 Notice to owner or occupier Division 2—Permissible verge treatments 8.4 Permissible verge treatments 8.5 Obligations of owner or occupier 8.6 Transitional provision 8.7 Power to carry out public works on verge

Division 3—Vehicle crossings 8.8 Temporary crossings 8.9 Removal of redundant crossing Division 4—Property numbers 8.10 Assignment of numbers Division 5—Fencing 8.11 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act Division 6—Signs erected by the local government 8.12 Signs 8.13 Transitional

Division 7—Driving on a closed street 8.14 No driving on closed street

Division 8—Notices 8.15 Notice to redirect or repair sprinkler 8.16 Notice to remove hazardous plants 8.17 Notice to remove any thing unlawfully placed on street

PART 9—ACTIVITIES IN PUBLIC PLACES Division 1—General provisions 9.1 Leaving animal or vehicle in public place 9.2 Prohibitions relating to animals 9.3 Shopping trolley to be marked 9.4 Person not to leave trolley in public place 9.5 Retailer to remove abandoned trolley 9.6 Retailer taken to own trolley Division 1—Applying for a permit 10.2 Decision on application 10.3 General restrictions on grant of permit 10.4 Amendment of permit Division 2—Conditions 10.5 Examples of conditions 10.6 Imposing conditions under a policy 10.7 Compliance with conditions Division 3—Duration of permits 10.8 Duration of permit 10.9 Renewal of permit 10.10 Transfer of permit 10.11 Suspension of permit 10.12 Proposed suspension 10.13 Revocation of suspension

22 GOVERNMENT GAZETTE, WA 5 January 2021 10.14 Period of suspension 10.15 Cancellation of permit 10.16 Surrender of permit Division 4—Responsibilities of permit holders and others 10.17 Production of permit 10.18 Other responsibilities of permit holder 10.19 Production of permit document for amendment 10.20 Return of permit document if permit no longer in effect 10.21 Advertising 10.22 False or misleading statement PART 11—OBJECTIONS AND REVIEW 11.1 Objection and review rights PART 12—ENFORCEMENT Division 1—Notices 12.1 Definition 12.2 Damage to local government property 12.3 Breach of a permit 12.4 Notice requirements 12.5 Local government may undertake requirements of notice 12.6 Offence to fail to comply with notice Division 2—Offences and penalties 12.7 Offences and general penalty 12.8 Prescribed offences 12.9 Form of notices 12.10 Evidence of a determination SCHEDULE 1—DETERMINATIONS SCHEDULE 2—PRESCRIBED OFFENCES

5 January 2021 GOVERNMENT GAZETTE, WA 23 PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY Under the powers conferred on it by the Local Government Act 1995 and under all other enabling powers, the Council of the City of Greater Geraldton resolved on 24 November 2020 to make this local law. This is the City of Greater Geraldton Public Places and Local Government Property Local Law 2020. This local law comes into operation 14 days after the date of its publication in the Government Gazette. This local law applies throughout the district. 1.4 Repeal and transitional provisions (1) The following local laws are repealed— (a) The Municipality of the Shire of Greenough By-laws Relating to Geraldton Airport published in the Government Gazette on 13 September 1985 and amended in the Government Gazette on 17 May 1991; (b) The City of Greater Geraldton Activities In Thoroughfares and Public Places and Trading Local Law 2011, as published in the Government Gazette on 13 July 2012; and (c) The City of Greater Geraldton Local Government and Public Property Local Law 2014, as published in the Government Gazette on 13 May 2014. (2) An application for, or an application for the renewal of, a licence, permit or other authorisation made under a repealed local law that has not been finally determined before the commencement day is to be dealt with and determined as if it were an application under this local law. (3) A licence, permit or other authorisation under a repealed local law that is in force before the commencement day is to be regarded on and after that day as a permit under this local law and may be dealt with accordingly. 1.5 Definitions In this local law— Act means the Local Government Act 1995; applicant means a person who applies for a permit; application means an application for a permit; application fee means the fee payable on the lodgement of an application for a permit and which relates to the lodgement, assessment and determination of the application but does not include the permit fee; authorised person means a person appointed by the local government under section 9.10 of the Act to perform any of the functions of an authorised person under this local law; boat means any ship, vessel or structure capable of being used in navigation by water, however propelled or moved, and includes a jet ski; building means any building which is local government property and includes any— (a) hall or room; (b) corridor, stairway or annexe of any hall or room; and (c) jetty; bulk rubbish container means a bin or container designed or used for holding a substantial quantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does not include a bin or container used in connection with the local government’s regular domestic rubbish collection service;

24 GOVERNMENT GAZETTE, WA 5 January 2021 carriageway has the meaning given to it by the Road Traffic Code 2000; CEO means the chief executive officer of the local government; commencement day means the day on which this local law comes into operation; Council means the council of the local government; crossing means a crossing giving access from a public thoroughfare to— (a) private land; or (b) a private thoroughfare serving private land; determination means a determination made under clause 2.1; district means the district of the local government and any area outside the district of the local government in respect of which the Governor’s approval under section 3.6(1) of the Act has been obtained; entertainment means the action of providing or being provided with amusement or enjoyment, an event, performance, or activity designed to entertain others. function means an event or activity characterised by all or any of the following— (a) formal organisation and preparation; (b) its occurrence is generally advertised or notified in writing to particular persons; (c) organisation by or on behalf of a club; (d) payment of a fee to attend it; and (e) systematic recurrence in relation to the day, time and place; garden means any part of a street planted, developed or treated, otherwise than as a lawn, with one or more plants; hire includes offer to hire and expose for hire; intersection has the meaning given to it in the Road Traffic Code 2000; kerb includes the edge of a carriageway; lawn means any part of a street which is planted only with grass, or with a similar plant, but will include any other plant provided that it has been planted by the local government; liquor has the meaning given to it in section 3 of the Liquor Control Act ; Liquor Control Act means the Liquor Control Act 1988 and all regulations made under that Act; local government means the City of Greater Geraldton; local government property means anything— (a) which belongs to or leased by the local government; (c) which is an otherwise unvested facility within section 3.53 of the Act; except a street. local public notice has the meaning given to it by the Act; lot has the meaning given to it in the Planning and Development Act 2005; market means a collection of stalls, stands or displays erected for the purpose of selling or hiring goods or services or carrying out any other transaction; nuisance means any activity, thing, condition, circumstance or state of affairs caused or contributed to by a person which— (a) is injurious or dangerous to the health or safety of another person of normal susceptibility; or (b) which has a disturbing effect on the state of reasonable physical, mental or social well being of another person; owner or occupier, in relation to land, does not include the local government; permit means a permit under this local law; permit fee means the fee payable on the issue of a permit; permit document means a permit document issued under this local law; permit holder means a person who holds a permit; permissible verge treatment means any one of the treatments described in clause 8.4(2), and includes any associated reticulation pipes and sprinklers; person does not include the local government; private property means any land that— (a) has a separate certificate of title; and (b) is in private ownership or is the subject of a lease or agreement with a person enabling its use for private purposes, and includes any building or structure on the land; prohibited drug has the meaning given to it by the Misuse of Drugs Act 1981;

5 January 2021 GOVERNMENT GAZETTE, WA 25 public place means— (a) a street; (b) any local government property; or (c) a place to which the public have access; Regulations means the Local Government (Functions and General) Regulations 1996; repealed local law means a local law repealed under clause 1.4; retailer means a the owner or occupier of a shop in respect of which shopping trolleys are provided for the use of customers of the shop; Schedule means a schedule to this local law; sell includes— (a) offer or attempt to sell; (b) display for sale; (c) send, forward or deliver for sale or on sale; (d) barter or exchange; (e) dispose, by lot or chance or by auction; (f) supply, or offer, agree or attempt to supply— (i) in circumstances which the supplier derives or would be likely to derive a direct or indirect pecuniary benefit; or (ii) gratuitously, but with a view to gaining or maintaining custom or other commercial advantage; or (g) authorise, direct, cause or permit to be done any act referred to in this definition; shopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person to transport goods; sign includes a notice, flag, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols; stall means a movable or temporarily fixed structure, stand or table in, on or from which goods or services are sold and includes a vehicle; street means any highway, thoroughfare or land used for vehicular or pedestrian traffic, and includes all the land lying between property lines, including the verge and footpath; street tree means any tree planted or self sown in the street, of an appropriate species and in an appropriate location, for the purposes of contributing to the streetscape; thoroughfare has the meaning given to it by the Act; trading means selling or hiring goods or services and includes the setting up of a stall and conducting business at a stall; vehicle includes— (a) every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise; and (b) an animal being ridden or driven, but excludes— (c) a wheel-chair or any device designed for use, by a physically impaired person on a footpath; and (d) a pram, stroller or similar device, or a shopping trolley; verge means that part of a street between the carriageway and the land which abuts the street, but does not include any footpath; and 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. 1.6 Interpretation In this local law, a reference to local government property includes a reference to any part of local 1.7 Overriding power to hire and agree Despite anything to the contrary in this local law, the CEO or 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.

26 GOVERNMENT GAZETTE, WA 5 January 2021 PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY 2.1 Determinations as to use of local government property (1) 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) The determinations in Schedule 1— (a) are to be taken to have been made in accordance with clause 2.2; (b) may be amended or revoked in accordance with clause 2.6; and (c) have effect on the commencement day. 2.2 Procedure for making a determination (1) The CEO or an authorised person is to give local public notice of the local government’s 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 Council may decide— (a) to give local public notice that the proposed determination has effect as a determination on and from the date of publication; (b) to amend the proposed determination, in which case subclause (5) is to apply; or (c) not to continue with the proposed determination. (4) If submissions are received in accordance with subclause (2)(c), the Council— (a) is to consider those submissions; and (b) may decide— (i) whether or not to amend the proposed determination; or; (ii) whether or not to continue with the proposed determination. (5) If the Council decides to amend the proposed determination, it is to give local public notice— (a) of the effect of the amendments; and (b) that the proposed determination has effect as a determination on and from the date of publication. (6) If the Council decides not to amend the proposed determination, it is to give local public notice that the proposed determination has effect as a determination on and from the date of publication. (7) A proposed determination is to have effect as a determination on and from the date of publication of the local public notice referred to in subclauses (3), (5) and (6). (8) A decision under subclause (3) or (4) is not to be delegated by the Council. 2.3 Discretion to erect sign The local government may erect a sign on local government property to give notice of the effect of a determination which applies to that property. 2.4 Determination to be complied with A person must comply with a determination. 2.5 Register of determinations (1) The local government is to keep a register of determinations made under clause 2.1, and of any amendments to or revocations of determinations made under clause 2.6. (2) Sections 5.94 and 5.95 of the Act apply to the register referred to in subclause (1) and for that purpose the register is to be taken to be information within section 5.94(u)(i) of the Act. 2.6 Amendment or revocation of a determination (1) The local government may amend or revoke a determination. (2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment were a proposed determination. (3) If the local government revokes a determination it is to give local public notice of the revocation and the determination is to cease to have effect on the date of publication.

5 January 2021 GOVERNMENT GAZETTE, WA 27 2.7 Activities which may be pursued on specified local government property (1) A determination may provide that specified local government property is set aside as an area on which a person may— (a) take, ride or drive a vehicle, or a particular class of vehicle; (b) fly or use a motorised model aeroplane; (c) use a children’s playground provided that the person is under an age specified in the determination, but the determination is not to apply to a person having the charge of a person under the specified age; (d) launch, beach or leave a boat; (e) take or use a boat, or a particular class of boat; (f) play or practise— (i) golf or archery; (ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms Act 1973; or (iii) a similar activity, specified in the determination, involving the use of a projectile which, (g) ride a bicycle, a skateboard, roller skates, rollerblades, a sandboard or a similar device. (2)A determination may specify the extent to which and the manner in which an activity referred to in subclause (1) may be pursued and in particular— (a) the days and times during which the activity may be pursued; (b) that an activity may be pursued on a class of local government property, specified local government property or all local government property; (c) that an activity is to be taken to be prohibited on all local government property other than that specified in the determination; (d) may limit the activity to a class of vehicles, equipment or things, or may extend it to all vehicles, equipment or things; (e) may specify that the activity can be pursued by a class of persons or all persons; and (f) may distinguish between different classes of the activity. 2.8 Activities which may be prohibited on specified local government property (1) A determination may provide that a person is prohibited from pursuing all or any of the following activities on specified local government property— (a) riding a bicycle, a skateboard, roller skates, rollerblades, a sandboard or a similar device; (b) taking, riding or driving a vehicle or a particular class of vehicle; (c) riding or driving above a specified speed a vehicle or a particular class of vehicle; (d) taking or using a boat, or a particular class of boat; (e) the playing or practice of— (i) golf, archery, pistol shooting or rifle shooting; or (ii) a similar activity, specified in the determination, involving the use of a projectile which, (f) the playing or practice of any ball game which may cause detriment to the property or any fauna on the property; and (g) the traversing of land which in the opinion of the local government has environmental value warranting such protection, either absolutely or except by paths provided for that purpose. (2) A determination may specify the extent to which and the manner in which a person is prohibited from pursuing an activity referred to in subclause (1) and, in particular— (a) the days and times during which the activity is prohibited; (b) that an activity is prohibited on a class of local government property, specified local government property or all local government property; (c) that an activity is prohibited in respect of a class of vehicles, equipment or things, or all vehicles, equipment or things; (d) that an activity is prohibited in respect of a class of persons or all persons; and (e) may distinguish between different classes of the activity. 2.9 Sign under repealed local law taken to be determination (1) Where an approved sign erected on local government property has been erected under a repealed local law, then it is to be taken to be and have effect as a determination on and from the commencement day, except to the extent that the sign is inconsistent with any provision of this local law or any determination made under clause 2.1. (2) Clause 2.5 does not apply to a sign referred to in subclause (1).

28 GOVERNMENT GAZETTE, WA 5 January 2021 PART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A PERMIT 3.1 Activities requiring a permit (1) A person must not without a permit— (a) subject to subclause (3) hire local government property; (b) advertise anything by any means on local government property; (c) erect, on local government property a structure for public amusement or for any performance, whether for gain or otherwise; (d) teach, coach or train, for profit, a person or animal on local government property; (e) plant any plant or sow any seeds on local government property; (f) carry on any trading on local government property or public place unless the trading is conducted— (i) with the consent of a person who holds a permit to conduct a function, and where the trading is carried on under and in accordance with the permit; or (ii) by a person who has a permit or permit to carry on trading on local government property under any written law; (g) conduct or set up a market on local government property or public place; (h) unless an employee of the local government in the course of her or his duties or on an area set aside for that purpose— (i) drive or ride or take any vehicle on to local government property; or (ii) park or stop any vehicle on local government property; (i) conduct a function on local government property; (j) charge any person for entry to local government property, unless the charge is for entry to land or a building hired by a voluntary non-profit organisation; (k) light a fire on local government property except in a facility provided for that purpose; (l) parachute, hang glide, abseil or base jump from or on to local government property; (m) erect a building or a refuelling site on local government property; (n) make any excavation on or erect or remove any fence on local government property; (o) erect or install any structure above or below ground of local government property, for the purpose of supplying any water, power, sewer, communication, television or similar service to a person; (p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly on local government property; (q) erect, install, operate or use any broadcasting, public address system, loudspeaker or other device for the amplification of sound on local government property; (r) conduct an entertainment event on local government property; (s) fly or land a drone, balloon, unmanned aircraft or similar device from or on local government (t) film or make a recording as part of or for commercial gain on local government property. (2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the application of that person. (3) The CEO or an authorised person may exempt specified local government property or a class of local government property from the application of subclause (1)(a). 3.2 Erecting structures or camping camp unless the context requires otherwise has the same meaning as given to it in section 5 of the Caravan Parks and Camping Grounds Act 1995; caravan has the same meaning as given to it in section 5 of the Caravan Parks and Camping Grounds Act 1995; facility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping Grounds Act 1995; park home has the same meaning as given to it in section 5 of the Caravan Parks and Camping Grounds Act 1995; and structure includes a caravan, park home, or camp. (2) This clause does not apply to a facility operated by the local government. (3) A person must not without a permit— (a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local government property; (b) erect, on local government property, any tent, camp, hut or similar structure; or (c) erect, on local government property that is not enclosed, an umbrella or temporary shade structure unless— (i) it is erected for protection from the sun or other elements; (ii) it has an area of no more than 6 square metres;

5 January 2021 GOVERNMENT GAZETTE, WA 29 (iii) it has a height of no less than 2.5 metres; (iv) it is removed by that person— (I) immediately on leaving that local government property; and (II) during daylight on the same day on which it was erected; and (v) it is for a private use. (4) The maximum period for which the CEO or an authorised person may approve an application for a permit in respect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan Parks and Camping Grounds Regulations 1997. 3.3 Licence required for possession and consumption of liquor (1) A person, on local government property, must not consume any liquor or have in her or his possession or under her or his control any liquor, unless— (a) that is permitted under the Liquor Control Act; and (b) a licence has been obtained for that purpose. (2) Subclause (1) does not apply where the liquor is in a sealed container. PART 4—ADVERTISING SIGNS ON THOROUGHFARES 4.1 Interpretation advertising sign means a sign used for the purpose of advertisement; direction sign means a sign which indicates the direction of another place, activity or event, but does not include any such sign erected or affixed by the local government or the Commissioner of Main Roads; portable direction sign means a portable free standing direction sign; and portable sign means a portable free standing advertising sign. 4.2 Advertising signs and portable direction signs (1) A person shall not, without a permit— (a) erect or place an advertising sign on a thoroughfare; or (b) post any bill or paint, place or affix any advertisement on a thoroughfare. (2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign which neither exceeds 500 millimetres in height nor 0.5 square metres in area, provided that the sign is placed or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or event during the hours of that activity or event. (3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign— (a) on a footpath; (b) over any footpath where the resulting vertical clearance between the sign and the footpath is less than 2.5 metres; (c) on or within 3 metres of a carriageway; (d) in any other location where, in the opinion of the local government, the sign is likely to obstruct lines of sight along a thoroughfare or cause danger to any person using the thoroughfare; or (e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the structural approaches to a bridge. 4.3 Matters to be considered in determining application for permit In determining an application for a permit for the purpose of clause 4.2(1), the local government is to have regard to— (a) any other written law regulating the erection or placement of signs within the district; (b) the dimensions of the sign; (c) other advertising signs already approved or erected in the vicinity of the proposed location of the sign; (d) whether or not the sign will create a hazard to persons using a thoroughfare; and (e) the amount of the public liability insurance cover, if any, to be obtained by the applicant. 4.4 Conditions on portable sign (1) If the local government approves an application for a permit for a portable sign, the application is to be taken to be approved subject to the following conditions— (a) the portable sign shall— (i) not exceed 1 metre in height; (ii) not exceed an area of 1 square metre on any side; (iii) relate only to the business activity described on the permit; (iv) contain letters not less than 200 millimetres in height;

30 GOVERNMENT GAZETTE, WA 5 January 2021 (v) not be erected in any position other than immediately adjacent to the building or the business to which the sign relates; (vi) be removed each day at the close of the business to which it relates and not be erected again until the business next opens for trading; (vii) be secured in position in accordance with any requirements of the local government; (viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access to a place by any person; and (ix) be maintained in good condition. (2) No more than one portable sign shall be erected in relation to the one building or business. (3) A person must not place or erect a sign in contravention of a condition of a permit issued under this clause. PART 5—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY Division 1—Prohibited behaviour 5.1 Behaviour which interferes with others A person must not, in or on any local government property, behave in a manner which— (a) is likely to interfere with the enjoyment of a person who might use the property or who might otherwise lawfully be on the property; or (b) interferes with the enjoyment of a person using, or otherwise lawfully on, the property. 5.2 Behaviour detrimental to property (1) A person must not behave in or on local government property in a way which is or might be detrimental to the property. (2) In subclause (1)— detrimental to the property includes— (a) removing any thing from the local government property including a rock, a plant or a seat provided for the use of any person; and (b) destroying, defacing or damaging any thing on the local government property, including a plant, a seat provided for the use of any person or a building. 5.3 Taking or injuring fauna (1) A person must not take, injure or kill, or attempt to take, injure or kill, any fauna which is on or above any local government property, unless that person is authorised under a written law to do so. (2) In this clause and in clause 5.5— animal means any living thing that is not a human being, fly or plant; and fauna means any animal indigenous to or which periodically migrates to any State or Territory of the Commonwealth or the territorial waters of the Commonwealth and includes in relation to any such animal— (a) any class of animal or individual member; (b) the eggs or larvae; or (c) the carcass, skin, plumage or fur unless it has been shed or discarded by the animal in a normal or natural manner. 5.4 Flora (1) Unless authorised to do so under a written law or with the written approval of the CEO or an authorised person, a person must not— (a) remove, damage or interfere with any flora that is on or above any local government property; or (b) cultivate, plant or deposit any flora on local government property. flora means all vascular plants, seeds and other flora, whether living or dead. 5.5 Animals (a) tether any animal to a tree, shrub, tree guard, wall or fence; or (b) permit any animal to enter upon or into any local government property, unless authorised by a permit or under this local law. (2) In this clause, ‘animal’ does not include a dog. 5.6 Intoxicated persons not to be on local government property A person must not enter or remain on local government property while under the influence of liquor or a prohibited drug.

5 January 2021 GOVERNMENT GAZETTE, WA 31 5.7 Only specified gender to use entry of toilet block or change room (1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or change room is to be used by— (a) females—then a person of the male gender must not use that entry of the toilet block or change room; (b) males—then a person of the female gender must not use that entry of the toilet block or change room; or (c) families—then, where the toilet block or change room is being used by a family, only an immediate member of that family may use that entry of the toilet block or change room. (2) Paragraphs (a) and (b) of subclause (1) do not apply to a child, when accompanied by a parent, guardian or caregiver, where the child is— (a) under the age of 8 years; or (b) otherwise permitted by an authorised person to use the relevant entry. Division 2—Signs and powers to give directions 5.8 Signs (1) The CEO or an authorised person may erect a sign on local government property— (a) specifying any conditions of use which apply to that property; and (b) for any other purpose relevant to this local law, including giving notice of a breach of clause 5.4 and substituting a sign for flora that has been removed, damaged or interfered with contrary to clause 5.4. (3) A condition of use specified on a sign erected under subclause (1) is— (a) not to be inconsistent with any provision of this local law or any determination; and (b) to be for the purpose of giving notice of the effect of a provision of this local law. 5.9 Authorised person to be obeyed A person on local government property must obey any lawful direction of the CEO or an authorised person and must not in any way obstruct or hinder the CEO or an authorised person in the execution of her or his duties. 5.10 Refusal of entry and removal (1) If the CEO or an authorised person reasonably suspects that a person is breaching, or has just breached, a provision of this local law or any other written law, the CEO or authorised person may— (a) refuse to allow that person to enter local government property; (b) if the person is on local government property, direct the person to leave the local government property; and (c) specify a period of up to 30 calendar days within which the person is not to re-enter the local (2) A person who has been refused entry or who has been directed to leave under subclause (1) must immediately leave the local government property quickly and peaceably. (3) If a person fails to comply with subclause (2), the CEO or an authorised person may remove the person, or arrange for the person to be removed, from the local government property. (4) The CEO or an authorised person may reduce the period specified in subclause (1)(c) on application of the person who has been directed not to re-enter local government property. 5.11 Disposal of lost property An article left on any local government property, and not claimed within a period of 3 months, may be disposed of by the CEO or an authorised person— (a) if the value of the property is reasonably believed to exceed the amount prescribed by regulation 30(3) of the Local Government (Functions and General) Regulations 1996, using the process under section 3.58 of the Act for the sale of the article as if it was property referred to in that section; (b) if the article is reasonably believed to be of a negligible or little value or likely to be of no interest to a not for profit body, in any manner he or she thinks fit; or (c) in any other case, by donation to a not for profit body incorporated under the Associations Incorporations Act 2015. PART 6—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY Division 1—Functions and closed property 6.1 No unauthorised entry to function (1) A person must not enter local government property on such days or during such times as the property is set aside for a function for which a charge for admission is authorised, except— (a) through the proper entrance for that purpose; and (b) on payment of the fee chargeable for admission at the time. (2) The CEO or an authorised person may exempt a person from compliance with subclause (1)(b).

32 GOVERNMENT GAZETTE, WA 5 January 2021 6.2 No entry to fenced or closed local government property A person must not enter local government property which has been fenced off or closed to the public by a sign or otherwise, unless that person is authorised to do so by the CEO or an authorised person. Division 2—Golf courses 6.3 Interpretation In this Division— controller means an authorised person who has been appointed to control and manage a golf course; golf course means that portion of a local government property which is laid out as a golf course and includes— (a) all tees, fairways, greens, practice tees, practice fairways, practice greens and any driving range; and (b) all buildings, structures, fittings, fixtures and equipment on that property. 6.4 Observance of special conditions of play While on a golf course, a player must— (a) observe and comply with a direction of the controller in respect of any special conditions of play; (b) observe and comply with a requirement of any notice erected to direct or control play; and (c) not be accompanied by a non playing person without the permission of the controller or an 6.5 Children under the age of 10 years A person under the age of 10 years must not enter, play or practise on a golf course unless accompanied by a person of 18 years or older. Division 3—Beaches 6.6 Powers of authorised persons or surf life saving club members (1) An authorised person employed by the local government may perform all or any of the following functions in relation to a beach— (a) patrol any beach; (b) carry out any activity on any beach; (c) erect signs designating bathing areas and signs regulating, prohibiting or restricting specified activities on the whole or any part of a beach or in or on the water adjacent to the beach and to direct persons on the beach or in or on the water to comply with such signs; (d) temporarily enclose any area with rope, hessian, wire or any other means for the conduct of surf life saving club activities; and (e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a shark is suspected of being in the vicinity of a beach. (2) Subject to subclause (3), the local government may authorise, under section 9.10 of the Act, one or more members of a surf life saving club to perform all or any of the functions listed in subclause (1). (3) Members authorised by the local government under subclause (2) must have been recommended by the surf life saving club as competent to perform the functions referred to in that subclause in respect of which they are authorised. (4) Under subclause (2), the local government may authorise members generally, or in relation to particular times, days or months. 6.7 Authority of local government employee to prevail If the local government has authorised a person under clause 6.6(1) and a member of a surf life saving club under clause 6.6(2) in relation to the same beach, where they could perform a function referred to in clause 6.6(1) contemporaneously, the authority of an authorised person employed by the local government under clause 6.6(1) is to prevail. 6.8 Persons to comply with signs and directions A person must— (a) not act in contravention of a sign erected on a beach under clause 6.6(1)(c); (b) not enter an area which has been temporarily closed with rope, hessian, wire or any other means for the conduct of surf life saving club activities, unless he or she is a member of the club or has obtained permission to enter from the club; (c) comply with any direction given under clause 6.6(1)(c) or 6.6(1)(e); and (d) not interfere with, obscure, obstruct, or hang any item of clothing or towel on a flag, sign, notice or item of life saving equipment.

5 January 2021 GOVERNMENT GAZETTE, WA 33 Division 4—Airports 6.9 Application This Part applies to each airport which is local government property within the district. 6.10 Use by aircraft (1) The owner of every aircraft, upon payment of the set fee and compliance with this local law and other written law, shall be entitled to use the airport for the landing, servicing and departure of their aircraft and the embarkment and disembarkment of passengers and freight. (2) The local government may close the airport to aircraft movements if it considers the surface of the airport to be unsafe. 6.11 Right of entry to airport (1) Except as herein provided, a person other than— (a) a person lawfully employed upon duties in or about the supervision and control of the airport, or acting under a permit or other agreement of or with the local government, in or about the arrival, departure and servicing of or other attention to aircraft lawfully using the airport; or (b) a passenger or intending passenger of an aircraft lawfully using the airport; or (c) a person greeting or seeing off a passenger or intending passenger of an aircraft lawfully using the airport; shall not enter or remain upon the airport or any part thereof without the approval of the local government first had and obtained. (2) The local government may from time to time designate or set apart any specified part or parts of the Airport— (a) to which only persons from time to time designated by the local government shall be admitted; (b) to which persons other than those mentioned in subclause (1) shall not be admitted; (c) to which the general public, or any limited classes of the general public, may be admitted, either at all times or at specified times, or for limited periods and generally upon such terms and conditions as the local government may resolve; (d) to which no vehicle may be admitted or to which a limited class of vehicles may be admitted or to which vehicles may be admitted only on such terms and conditions as the local government may resolve; (e) to which no aircraft may be admitted or to which a limited class of aircraft may be admitted or to which aircraft may be admitted only on such terms and conditions as the local government resolves. (3) Signs, markings or notices may be placed by the local government at the airport indicating the limits of any part of the airport set apart for any special or limited use under subclause (2). (4) Notwithstanding the provisions of this clause the local government may on special occasions, for instance, an aerial pageant or other event of public interest, make such arrangements for the control of the airport as it may by resolution impose. 6.12 Access of animals restricted (1) A person shall not bring an animal on to an airport unless— (a) the person is a person referred to in section 8 of the Dog Act 1976 acting in accordance with that provision; (b) the animal is being air freighted from the airport; (c) the animal has been air freighted to the airport; or (d) the person is authorized to do so by the local government. (2) A person in charge of an animal shall keep the animal under control and shall not allow it to wander at large on the airport. (3) If an animal is at any time on an airport in contravention of subclause (2), in addition to the person specified in that subclause, the owner of the animal at that time commits an offence against subclause (2). (4) This clause does not apply to a person with a disability where the animal is a guide dog or assistance animal as defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2). Division 5—Jetties 6.13 Interpretation (1) This Division only applies to jetties which are local government property. (2) In this Division— jetty means any jetty, pier, wharf or landing place which is local government property; and bulk cargo means bulk produce, such as grain, coal, oil or mineral ore, which is not packaged. 6.14 Application for consent and application fee (1) Where a person is required to obtain the consent of the local government under this Part, the person is to apply for that consent in the manner required by the local government.

34 GOVERNMENT GAZETTE, WA 5 January 2021 (2) The local government may require an application for consent made under subclause (1) to be accompanied by a fee. (3) If an application for consent is not made in the manner required by the local government or the fee which is to accompany that application is not paid, the local government may refuse to consider the application for consent. (4) The local government shall give its decision on an application for consent, in writing to the person who applied for that consent. (5) Where a fee is referred to in this Part, the fee must be imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act inclusive. 6.15 When use of jetty is prohibited A person shall not land at, use or go on any part of a jetty which is— (a) under construction or repair; or (b) closed, unless that person has first obtained the consent of the local government. 6.16 Method of berthing boat A person in control of a boat shall not berth or make fast the boat to a jetty, or to any part of the jetty, except to such berthing piles, ring bolts or other fastenings as are provided. 6.17 When boat may remain berthed A person in control of a boat shall not berth or make fast the boat to a jetty unless— (a) the boat is in distress and then only to effect the minimum repairs necessary to enable the boat to be moved elsewhere; (b) the embarking or disembarking of passengers is in progress, and then not for a consecutive period exceeding 2 hours without the prior consent of the local government; (c) the loading or discharging of cargo or other goods is in progress in accordance with this Division; (d) where the boat is used at that time for commercial purposes, the person has first paid the fee (if any) for such berthing or making fast to the local government; or (e) to facilitate sea trials for newly launched vessels for a period as specified and approved by an 6.18 Authorised person may order removal of boat Notwithstanding anything to the contrary in this Part, a person in control of a boat berthed or fastened to or alongside a jetty shall remove it immediately upon being directed to do so by an 6.19 Restrictions on launching A person shall not launch a boat from or over any jetty (other than a boat ramp) unless she or he has first obtained the consent of the local government. 6.20 Loading and discharging A person in control of a boat shall not allow the boat to come alongside or be berthed or made fast to a jetty for the purpose of loading or discharging cargo or other goods— (a) until the cargo or other goods are ready to be loaded or discharged; or (b) without the consent of the local government— (i) between the hours of 6.00pm to 6.00am on the next day; or (ii) for longer than 2 consecutive hours. 6.21 Outgoing cargo not to be stored on jetty A person in control of cargo or other goods intended for loading on to a boat shall— (a) not allow them to be stored or placed on a jetty unless and until the boat is berthed or fastened to or alongside the jetty; and (b) load them on to the boat as soon as practicable after the boat is berthed or fastened to or alongside the jetty. 6.22 Removal of incoming cargo from jetty Any person unloading cargo or other goods from a boat on to a jetty shall remove them, or cause them to be removed from the jetty as soon as practicable, but not later than 6.00pm on the day on which they were placed there. 6.23 Authorised person may direct removal An authorised person may direct a person who, in the opinion of the authorised person, is in charge of cargo or other goods which remain on a jetty contrary to any provision of this Division to remove them from the jetty. 6.24 Handling of bulk cargo Except with the prior consent of the local government, a person shall not place or deposit bulk cargo from a vehicle, boat or container on to a jetty.

5 January 2021 GOVERNMENT GAZETTE, WA 35 6.25 Polluting surrounding area A person shall not tip or deposit anything on to a jetty so as to pollute the surrounding area. 6.26 Limitations on fishing A person shall not— (a) fish from a jetty so as to obstruct or interfere with the free movement of a boat approaching or leaving the jetty or so as to unreasonably interfere with the use of the jetty by any other person; or (b) hang or spread a fishing net from, on or over any part of a jetty. PART 7—ROADSIDE CONSERVATION 7.1 Interpretation In this Part— “MRWA” means Main Roads Western Australia; “protected flora” has the meaning given to it in Part 10, Division 2 of the Biosecurity Conservation Act 2016; “rare flora” has the meaning given to it in Regulation168 of the Biosecurity Conservation Regulations 2017 section 23F; “Roadside Conservation Committee” means the Roadside Conservation Committee appointed by the Minister for the Environment; and “special environmental area” means an area designated as such under clause 7.7. 7.2 Application This Part does not apply to a townsite. 7.3 Declaration of flora road The local government may declare a thoroughfare which has, in the opinion of the local government, high quality roadside vegetation to be a flora road. 7.4 Construction works on flora roads Construction and maintenance work carried out by the local government on a flora road is to be in accordance with the “Handbook of Environmental Practice for Road Construction and Road Maintenance Works” prepared by the Roadside Conservation Committee. 7.5 Signposting of flora roads The local government may signpost flora roads with the standard MRWA “flora road” sign. 7.6 Driving only on carriageway of flora roads (1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the carriageway. (2) Subclause (1) does not apply where— (a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the carriageway; (b) there is no carriageway; or (c) an exemption from the application of subclause (1) has been obtained from the local government. 7.7 Designation of special environmental areas The local government may designate a thoroughfare, or any part of a thoroughfare, as a special environmental area which— (a) has protected flora or rare flora; or (b) in the opinion of the local government, has environmental, aesthetic or cultural significance. 7.8 Marking of special environmental areas The local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare, designated as a special environmental area. 7.9 Permit to plant A person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a 7.10 Relevant considerations in determining application In determining an application for a permit for the purpose of clause 7.9, the local government is to have regard to— (a) existing vegetation within that part of the thoroughfare in which the planting is to take place; and (b) the diversity of species and the prevalence of the species which are to be planted or sown.

36 GOVERNMENT GAZETTE, WA 5 January 2021 7.11 Permit to clear A person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1m of that person’s land without first obtaining a permit and any other approvals which may be required under any written law. 7.12 Application for permit A person making an application for a permit for the purpose of clause 7.11 shall submit a sketch plan clearly showing the boundary of the person’s land and the portions of the thoroughfare joining that person’s land which are to be cleared. 7.13 Permit to burn thoroughfare A person shall not burn part of a thoroughfare without first obtaining a permit or unless acting under the authority of any other written law. 7.14 Application for permit An application for a permit for the purposes of clause 7.13 shall— (a) include a sketch plan showing the portions of a thoroughfare which are proposed to be burned; and (b) advise of the estimated fire intensity and the measures to be taken to protect upper storey vegetation from the burn. 7.15 When application for permit can be approved The local government may approve an application for a permit for the purpose of clause 7.13 only if the burning of the particular part of the thoroughfare will— (a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the use of herbicides, are considered by the local government to be not feasible or more detrimental to native flora and fauna than burning; or (b) in the opinion of the local government, be beneficial for the preservation and conservation of native flora and fauna. 7.16 Prohibitions on burning (1) Notwithstanding anything to the contrary in this local law, an application for a permit for the purpose of clause 7.13 is not to be approved by the local government— (a) for burning between 31 August and 1 May of the following year where the intensity of the burn could damage native flora and fauna; or (b) in any year to any person for any part of a thoroughfare which is on the opposite side of the carriageway to that portion of the thoroughfare for which a permit to burn has been approved in the same year. (2) Nothing in this clause prevents the local government approving a permit to burn part of a thoroughfare to remove an imminent fire risk. 7.17 Permit for firebreaks on thoroughfares A person shall not construct a firebreak on a thoroughfare without first obtaining a permit. 7.18 When application for permit cannot be approved (1) The local government is not to approve an application for a permit for the purpose of clause 7.17 where the thoroughfare is less than 20m wide. (2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government, desirable for the protection of roadside vegetation. 7.19 General prohibition on commercial wildflower harvesting Subject to clause 7.20, a person shall not commercially harvest native flora on a thoroughfare. 7.20 Permit for revegetation projects (1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a (2) The local government may approve an application for a permit under subclause (1) only where— (a) the seed is required for a revegetation project in any part of the district; and (b) the thoroughfare, or the relevant part of it, is not a special environmental area. (3) Unless the local government specifically provides to the contrary on a permit, if the local government approves an application for a permit for the purpose of subclause (1) it is to be taken to be approved subject to the following conditions— (a) the collection of the seed is to be carried out so as not to endanger the long time survival of the native flora on the thoroughfare; and (b) any licence or approval which may be required under any other written law is to be obtained by the applicant.

5 January 2021 GOVERNMENT GAZETTE, WA 37 PART 8—ACTIVITIES IN STREETS Division 1—General 8.1 General prohibitions (a) plant, or allow to remain, in a street a plant that is or may become an obstruction to a reasonable sight line hazard for a driver of any vehicle negotiating or using the street; (b) damage a lawn or a garden, or remove any plant or part of a plant from a lawn or a garden, in a street unless— (i) the person is the owner or the occupier of the lot abutting that portion of the street 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; (c) damage, or remove a street tree, or part of a street tree, irrespective of whether it was planted by the owner or occupier of the lot abutting the street or by the local government, (i) the damage to, or removal of, the street tree is authorised by the CEO or an authorised person in writing; or (ii) the person is acting under authority of written law; (d) place, or allow to be placed or remain, on a street any thing (except water) that— (i) obstructs the street; or (ii) results in a hazard for any person using the street; (e) unless at the direction of the CEO or an authorised person, damage, remove or interfere with any part of a street, or any structure erected on a street, by the local government or a person acting under the authority of a written law; (f) play or participate in any game or sport so as to cause danger to any person or thing or impede the movement of vehicles or persons on a street; or (g) within a mall, arcade or veranda of a shopping centre, ride any bicycle, skateboard, roller- blades or similar device. 8.2 Activities allowed with a permit (1) A person must not, without a permit— (a) dig or otherwise create a trench through or under a kerb or footpath; (b) throw, place or deposit any thing on a verge or street except for removal by the local government under a bulk rubbish collection, and then only in accordance with the terms and conditions and during the period of time advertised in connection with that collection by the local government; (c) cause any obstruction to a vehicle or a person using a street as a street; (d) cause any obstruction to a water channel or a water course in a street; (e) throw, place or drain offensive, noxious or dangerous fluid onto a street; (f) damage a street; (g) fell or damage any street tree; (h) fell any tree onto a street; (i) light any fire or burn any thing on a street other than in a stove or fireplace provided for that purpose; (j) unless installing, or in order to maintain, a permissible verge treatment— (i) lay pipes under or provide taps on any verge; or (ii) place or install, on any part of a street, any thing such as gravel, stone, flagstone, cement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust; (k) provide, erect, install or use in or on any building, structure or land abutting on a street any hoist or other thing for use over the street; (l) on a street use anything or do anything so as to create a nuisance; (m) place or cause to be placed on a street a bulk rubbish container; (n) interfere with the soil of, or anything in, a street or take anything from a street; (o) conduct or carry on any trading on a street or public place; (p) conduct, carry on or set up a market or stall on a street or public place; (q) conduct or carry on an entertainment event on a street or public place; or (r) film or make a recording as part of or for commercial gain on a street or public place. (2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the application of that person.

38 GOVERNMENT GAZETTE, WA 5 January 2021 8.3 Notice to owner or occupier The CEO or an authorised person may give a notice in writing to the owner or the occupier of a lot abutting on a verge to make good, within the time specified in the notice, any breach of a provision of this Part. Division 2—Permissible verge treatments 8.4 Permissible verge treatments (1) An owner or occupier of land which abuts on a verge may, on that part of the verge directly in front of her or his land, install a permissible verge treatment. (2) A permissible verge treatment is– (a) the planting and maintenance of a lawn; (b) the planting and maintenance of a garden provided that— (i) clear sight visibility is maintained at all times for a person using the abutting street in the vicinity of an intersection or bend in the street or using a driveway on land adjacent to the street for access to or from the street; (ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of 2m along that part of the verge immediately adjacent to the kerb; (iii) it does not include a wall or built structure; and (iv) it is not of a thorny, poisonous or hazardous nature; and (c) the installation of an acceptable material. (3) In this clause acceptable material means any material which would create a hard surface, and which has been approved by the local government. (4) A person must not install or maintain a verge treatment which is not a permissible verge treatment. (5) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each to be taken to have installed and maintained that verge treatment for the purposes of this clause and clause 8.5. 8.5 Obligations of owner or occupier An owner or occupier who installs or maintains a permissible verge treatment must— (a) keep the permissible verge treatment in a good and tidy condition and ensure, where the verge treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining the verge are not obstructed by the verge treatment; (b) ensure that clear sight visibility is maintained at all times for a person using the abutting thoroughfare in the vicinity of an intersection or bend in a thoroughfare, or using a driveway on land adjacent to the thoroughfare for access to or from the thoroughfare; (c)not place any obstruction on or around the verge treatment; (d) not disturb a footpath on the verge; (e) ensure that the verge treatment does not damage or obstruct a drain, manhole, galley, inspection pit, channel, kerb or tree planted by the local government; and (f) ensure that any sprinklers or pipes installed to irrigate a verge treatment— (i) do not protrude above the level of the lawn or verge treatment when not in use; (ii) are not used at such times so as to cause unreasonable inconvenience to pedestrians or other persons; and (iii) do not otherwise present a hazard to pedestrians or other persons. 8.6 Transitional provision former provisions means the provisions of the repealed local laws which permitted certain types of verge treatments, whether with or without the consent of the local government. (2) A verge treatment which— (a) was installed prior to the commencement day; and (b) on the commencement day is a type of verge treatment which was permitted under and complied with the former provisions, is to be taken to be a permissible verge treatment for so long as the verge treatment remains of the same type and continues to comply with the former provisions. 8.7 Power to carry out public works on verge Where the local government or an authority empowered to do so under a written law disturbs a verge, the local government or the authority— (a) is not liable to compensate any person for that disturbance; (b) may backfill with sand, if necessary, any garden or lawn; and (c) is not liable to replace or restore any— (i) verge treatment and, in particular, any plant or any acceptable material or other hard surface; or (ii) sprinklers, pipes or other reticulation equipment.

5 January 2021 GOVERNMENT GAZETTE, WA 39 Division 3—Vehicle crossings 8.8 Temporary crossings (1) Where it is likely that works on a lot will involve vehicles leaving a street and entering the lot, the person responsible for the works must obtain a permit for the construction of a temporary crossing to protect the existing carriageway, kerb, drains, footpath, existing materials and street trees, where— (a) a crossing does not exist; or (b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely to cause damage to the crossing. (2) The person responsible for the works in subclause (1) is to be taken to be— (a) the builder named on the building permit issued under the Building Act 2011, if one has been issued in relation to the works; or (b) the owner of the lot, if no building permit has been issued under the Building Act 2011 in relation to the works. (3) If the permit authority for the purpose of subclause (1) is the local government, the permit is taken to be issued on the condition that until such time as the temporary crossing is removed, the person to whom the permit is given must keep the temporary crossing in good repair and in such a condition so as not to create any danger or obstruction to persons using the street. 8.9 Removal of redundant crossing (1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be removed and the kerb, drain, footpath, verge and any other part of the street affected by the removal are to be reinstated to the satisfaction of the CEO. (2) The CEO may give written notice to the owner or occupier of a lot requiring her or him to— (a) remove any part of or all of a crossing which does not give access to the lot; and (b) reinstate the kerb, drain, footpath, verge and any other part of the street, which may be affected by the removal, within the period of time stated in the notice, and the owner or occupier of the lot must comply with that notice. Division 4—Property numbers 8.10 Assignment of numbers (1) The CEO or an authorised person may assign a number to a lot in the district and may assign another number to the lot instead of that previously assigned. (2) In this clause, number means a number of a lot with or without an alphabetical suffix indicating the address of a lot by reference to a thoroughfare. Division 5—Fencing 8.11 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act A public place, as that term is defined in clause 1.5, is specified as a public place for the purpose of item 4(1) of Division 1 of Schedule 3.1 of the Act.

Division 6—Signs erected by the local government 8.12 Signs (1) The local government may erect a sign in a street specifying any conditions of use which apply to that street. (3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving notice of the effect of a provision of this local law. 8.13 Transitional Where a sign erected in a street has been erected under a repealed local law then, on and from the commencement day, it is to be taken to be a sign erected under clause 8.12 if— (a) the sign specifies a condition of use relating to the street which gives notice of the effect of a provision of this local law; and (b) the condition of use specified is not inconsistent with any provision of this local law. Division 7—Driving on a closed street 8.14 No driving on closed street (1) A person must not drive or take a vehicle on a closed street unless— (a) it is in accordance with any limit or exception specified in the order made under section 3.50 of the Act; or (b) the person has first obtained a permit.

40 GOVERNMENT GAZETTE, WA 5 January 2021 closed street means a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the Act. Division 8—Notices 8.15 Notice to redirect or repair sprinkler Where a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a manner which causes or may cause an inconvenience or obstruction to any person using a street, the CEO or an authorised person may give a written notice to the owner or the occupier of the land abutting the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of the sprinkler or other watering equipment. 8.16 Notice to remove hazardous plants (1) Where a plant in a garden creates or may create a hazard for any person using a street, the CEO or an authorised person may give a written notice to the owner or the occupier of the land abutting on the garden to remove, cut, move or otherwise deal with that plant so as to remove the hazard. (2) Subclause (1) does not apply where the plant was planted by the local government. 8.17 Notice to remove any thing unlawfully placed on street Where any thing is placed on a street in contravention of this local law, the CEO or an authorised person may give a written notice— (a) to the owner or the occupier of the property which abuts that portion of the street where the thing has been placed; or (b) to any other person who may be responsible for the thing being so placed, requiring the person to remove the thing. PART 9—Activities in public places Division 1—General provisions 9.1 Leaving animal or vehicle in public place (1) A person must not leave an animal or a vehicle, or any part of a vehicle, in a public place so that it obstructs the use of any part of that public place, unless that person has first obtained a permit or is authorised to do so under a written law. (2) A person does not contravene subclause (1) where the animal is secured or tethered for a period not exceeding 1 hour. (3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours. 9.2 Prohibitions relating to animals (1) In subclause (2), owner in relation to an animal includes— (a) an owner of it; (b) a person in possession of it; (c) a person who has control of it; and (d) a person who ordinarily occupies the premises where the animal is permitted to stay. (2) An owner of an animal must not— (a) allow the animal to enter or remain for any time on any public place except for the use of the public place as a thoroughfare and unless it is led, ridden or driven; (b) allow the animal, if it has a contagious or infectious disease. to be led, ridden or driven in a public place; or (c) train or race the animal in a public place. (3) An owner of a horse must not lead, ride or drive the horse on a street, unless that person does so under a permit or under the authority of a written law. (4) This clause does not apply to a person with a disability where the animal is a guide dog or assistance animal as defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2). 9.3 Shopping trolley to be marked A retailer must clearly mark its name or its trading name on any shopping trolley made available for the use of customers. 9.4 Person not to leave trolley in public place A person must not leave a shopping trolley in a public place other than in an area set aside for the storage of shopping trolleys. 9.5 Retailer to remove abandoned trolley (1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of shopping trolleys, the CEO or an authorised officer may advise (verbally or in writing) a retailer whose name is marked on the trolley of the location of the shopping trolley. (2) A retailer must remove a shopping trolley within 24 hours of being so advised under subclause (1).

5 January 2021 GOVERNMENT GAZETTE, WA 41 9.6 Retailer taken to own trolley In the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer whose name is marked on the trolley. Division 1—Applying for a permit (1) Where a person is required to obtain a permit under this local law, that person must apply for the permit in accordance with subclause (2). (2) An application for a permit under this local law must— (a) be in the form determined by the CEO; (b) be signed by the applicant; (c) provide the information required by the form; and (d) be forwarded to the CEO together with any fee imposed by the Council under sections 6.16 to 6.19 of the Act. (3) The CEO or an authorised person may require an applicant to provide additional information reasonably related to the application before determining the application. (4) The CEO or an authorised person may require an applicant to give local public notice of the application. (5) The CEO or an authorised person may refuse to consider an application which is not in accordance with subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied. 10.2 Decision on application (1) The CEO or an authorised person may— (a) approve an application unconditionally or subject to any conditions; or (b) refuse to approve an application. (2) If the CEO or an authorised person approves an application, he or she is to issue to the applicant a permit in the form determined by the CEO. (3) If the CEO or an authorised person refuses to approve an application, he or she is to give written notice of that refusal to the applicant. (4) The CEO or an authorised person may, at any time, amend a condition of approval and the amended condition takes effect when written notice of it is given to the permit holder. 10.3 General restrictions on grant of permit (1) The CEO or an authorised person must not grant a permit if there are reasonable grounds for believing that the carrying on of the activity to which the application relates would constitute an unacceptable risk to the safety of the public. (2) The CEO or an authorised person must not grant a permit unless the CEO or an authorised person is satisfied that— (a) the applicant is capable of carrying on the activity in accordance with this local law and the terms and conditions of the permit; (b) the public place at which the activity is to be carried on is suitable for that purpose; (c) a permit or similar authority granted or issued to the applicant has not been cancelled in the period of 5 years before the application is made; and (d) the applicant is a fit and proper person to carry on the activity. 10.4 Amendment of permit amend includes— (a) to impose any new condition; and (b) to change or remove any existing condition. (2) The CEO or an authorised person may, by written notice given to the permit holder, amend a (3) An amendment may be made on application made by the permit holder or on the CEO or authorised person’s initiative. Division 2—Conditions 10.5 Examples of conditions (1) Examples of the conditions that the CEO or an authorised person may impose on a permit under clause 10.2(1)(a) or 10.4(2) are conditions relating to— (a) the payment of a fee; (b) compliance with a standard or a policy adopted by the local government; (c) the duration and commencement of the permit;

42 GOVERNMENT GAZETTE, WA 5 January 2021 (d) the commencement of the permit being contingent on the happening of an event; (e) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (f) the approval of another application for a permit which may be required by the local government under any written law; (g) the area of the district to which the permit applies; (h) where a permit is issued for an activity which will or may cause damage to local government property, the payment of a deposit or bond against such damage; and (i) the obtaining of public risk insurance in an amount and on terms reasonably required by the CEO or an authorised person. (2) Examples of the type and content of the conditions on which a permit to hire local government property may be issued include— (a) when fees and charges are to be paid; (b) payment of a bond against possible damage or cleaning expenses or both; (c) restrictions on the erection of material or external decorations; (d) rules about the use of furniture, plant and effects; (e) limitations on the number of persons who may attend any function in or on local government (f) the duration of the hire; (g) the right of the CEO or an authorised person to cancel a booking during the course of an annual or seasonal booking, if the CEO or an authorised person sees fit; (h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first obtained for that purpose under the Liquor Control Act; (i) whether or not the hire is for the exclusive use of the local government property; (j) the obtaining of a policy of insurance in the names of both the local government and the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer; and (k) the provision of an indemnity from the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer. 10.6 Imposing conditions under a policy policy means a local government policy adopted by the Council under section 2.7 of the Act containing conditions subject to which an application for a permit may be approved under clause 10.2. (2) Under clause 10.2(1)(a) the CEO or an authorised person may approve an application subject to conditions by reference to a policy. (3) The CEO or an authorised person must give to the permit holder a copy of the policy or, at the discretion of the CEO or the authorised person, the part of the policy which is relevant to the application for a permit, with the form of permit referred to in clause 10.2(2). (4) An application for a permit is not to be taken to have been approved subject to the conditions contained in a policy until the CEO or an authorised person gives the permit holder a copy of the policy or the part of the policy which is relevant to the application. (5) Sections 5.94 and 5.95 of the Act apply to a policy and, for that purpose, a policy is deemed to be information within section 5.94(u)(i) of the Act. 10.7 Compliance with conditions Where an application for a permit has been approved subject to conditions, the permit holder must comply with each of those conditions, as amended. Division 3—Duration of permits 10.8 Duration of permit A permit is valid for one year from the date on which it is issued, unless it is— (a) otherwise stated in this local law or in the permit; or (b) suspended or cancelled under this Division. 10.9 Renewal of permit (1) A permit holder may apply to the CEO for the renewal of a permit. (2) An application for renewal must— (a) be in the form determined by the CEO; (b) be signed by the permit holder; (c) provide the information required by the form;

5 January 2021 GOVERNMENT GAZETTE, WA 43 (d) be forwarded to the CEO no later than 28 days before the expiry of the permit, or within a shorter period that the CEO in a particular case permits; and (e) be accompanied by any fee imposed by the Council under section 6.16 to 6.19 of the Act. (3) The provisions of this Part that apply to an application for a permit also apply to an application for the renewal of a permit as though it were an application for a permit. 10.10 Transfer of permit (1) An application for the transfer of a valid permit is— (a) to be made in writing; (b) to be signed by the permit holder and the proposed transferee of the permit; (c) to include such information as the CEO or an authorised person may require to enable the application to be determined; and (d) to be forwarded to the CEO together with any fee imposed by the Council under sections 6.16 to 6.19 of the Act. (2) The CEO or an authorised person may approve an application for the transfer of a permit, refuse to approve it or approve it subject to any conditions. (3) Where the CEO or an authorised person approves an application for the transfer of a permit, the transfer may be effected by an endorsement on the permit signed by the CEO or the authorised person. (4) Where the CEO or an authorised person approves the transfer of a permit, the local government is not required to refund any part of any fee paid by the former permit holder. 10.11 Suspension of permit (1) The CEO may, subject to clause 10.12, by written notice given to the permit holder, suspend a permit if there are reasonable grounds for believing that— (a) the permit holder has contravened a term or condition of a permit; (b) the permit holder has contravened a provision of this local law; or (c) the continued carrying on of the activity authorised by the permit constitutes or will constitute an unacceptable risk to the safety of the public. (2) The suspension notice must— (a) state the day, or the day and time, on or at which the suspension takes effect; (b) state the reasons for the CEO’s decision to suspend the permit; and (c) where appropriate, indicate what steps need to be taken to ensure that there is compliance with the relevant provision, term or condition or that there is no longer a risk as described in subclause (1)(c); and (d) inform the permit holder that he/she has a right to apply under the Act for a review of the CEO’s decision to suspend the permit. 10.12 Proposed suspension (1) If the CEO proposes to suspend a permit for the reason mentioned in clause 10.11(1)(a), the CEO must give written notice to the permit holder of the proposed suspension. (2) The notice must— (a) state that the CEO proposes to suspend the permit; (b) state the reasons for the proposed suspension; and (c) inform the permit holder that the permit holder is entitled to make representations to the CEO in respect of the proposed suspension within 7 days after the day on which the permit holder is given the notice. (3) In considering whether to suspend the permit, the CEO must have regard to any representations made by the permit holder within the period referred to in subclause (2)(c). 10.13 Revocation of suspension (1) The CEO must, by written notice given to the permit holder, revoke the suspension of a permit if the CEO is satisfied that the steps specified in the suspension notice have been taken. (2) The CEO may, by written notice given to the permit holder, revoke the suspension of the permit if the CEO considers that it is appropriate to do so in the circumstances of a particular case. 10.14 Period of suspension The suspension of a permit has effect on the day, or the day and time, specified in the suspension notice until one of the following happens— (a) the suspension is revoked under clause 10.13; (b) the permit is cancelled under clause 10.15 or expires; or (c) the permit is surrendered in accordance with the provisions of this local law. 10.15 Cancellation of permit A permit may be cancelled by the CEO if— (a) the permit was obtained improperly by including false or misleading information;

44 GOVERNMENT GAZETTE, WA 5 January 2021 (b) the permit holder has persistently or frequently contravened a term or condition of the permit, or a provision of this local law, whether or not the permit is or has been suspended on the grounds of a contravention; or (c) there are reasonable grounds for believing that the continued carrying on of the activity constitutes or would constitute an unacceptable risk to the safety of the public, whether or not the permit has been suspended on the grounds of that risk. 10.16 Surrender of permit A permit holder may, at any time by notice in writing to the CEO, surrender the permit. Division 4—Responsibilities of permit holders and others 10.17 Production of permit A permit holder must produce to an authorised person her or his permit immediately after being required to do so by that authorised person. 10.18 Other responsibilities of permit holder A permit holder must, in respect of local government property to which the permit relates— (a) ensure that an authorised person has unobstructed access to the local government property for the purpose of inspecting the property or enforcing any provision of this local law; (b) comply with a direction from the CEO or an authorised person to take the action specified in the direction for the purpose of maintaining public safety; (c) leave the local government property in a clean and tidy condition after its use; (d) report any damage or defacement of the local government property to the CEO or an authorised person; and (e) prevent the consumption of any liquor on the local government property unless the permit allows it and a licence has been obtained under the Liquor Control Act for that purpose. 10.19 Production of permit document for amendment If the CEO or an authorised person amends or renews a permit, the permit holder must, if required by the CEO or authorised person, produce the permit document to the CEO or authorised person for amendment within the period specified by the CEO or authorised person. 10.20 Return of permit document if permit no longer in effect If a permit— (a) has expired or has not been renewed; (b) has been suspended or cancelled; or (c) has been surrendered, the person who was the permit holder must, as soon as practicable after the expiry, suspension, cancellation or surrender, return the permit document to the CEO. 10.21 Advertising A person must not advertise, or otherwise hold out in any way, that the person conducts a commercial activity in any public place unless that person holds a permit authorising that commercial activity. 10.22 False or misleading statement A person must not make a false or misleading statement in connection with an application in respect of a permit under this local law. PART 11—OBJECTIONS AND REVIEW 11.1 Objection and review rights Division 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal, transfer, amendment, suspension or cancellation of a permit. PART 12—ENFORCEMENT Division 1—Notices 12.1 Definition In this Division— costs of the local government include its administrative costs. 12.2 Damage to local government property If a person unlawfully removes, damages or interferes with local government property or portion of a street, the CEO or an authorised person may give the person a notice requiring that person, within the time specified in the notice, to do any one or more of the following (at the local government’s option)— (a) reinstate the property to the state it was in before the removal, damage or interference; (b) replace that property; or (c) pay for the costs of reinstatement or replacement.

5 January 2021 GOVERNMENT GAZETTE, WA 45 12.3 Breach of a permit If a permit holder breaches a condition of the permit, or fails to comply with a direction under this local law, the CEO or an authorised person may give the person a notice. 12.4 Notice requirements A notice under this Division must— (a) be in writing; (b) specify the reason for giving the notice, the work or action that is required to be undertaken and the time within which it is to be undertaken; and (c) be given to the person referred to in clause 12.2 or 12.3, as the case may be. 12.5 Local government may undertake requirements of notice (1) If a person fails to comply with a notice referred to in clause 12.2, the local government may— (a) do the thing specified in the notice, including replace the property, or reinstate the property to the state it was in before the removal, damage or interference; and (b) recover from the person, as a debt, the costs of doing so. (2) If a person fails to comply with a notice referred to in clause 12.3, the local government may— (a) take whatever remedial action it considers appropriate to put the local government in the position it would have been in if the breach or failure had not occurred; and (b) recover from the person, as a debt, the costs of doing so. 12.6 Offence to fail to comply with notice A person who fails to comply with a notice given to him or her under this local law commits an offence. Division 2—Offences and penalties 12.7 Offences and general penalty (1) A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) A person who commits an offence under this local law is liable, on conviction, to a penalty not less than $500 and not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. 12.8 Prescribed offences (1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The modified penalty for a prescribed offence is the amount specified adjacent to the clause in Schedule 2. (3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the commission of a prescribed offence, the local government should be satisfied that— (a) commission of the prescribed offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable. 12.9 Form of notices (1) For the purposes of this local law— (a) where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations; (b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in

Schedule 1 of the Regulations; and (c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Regulations. (2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence against clause 2.4, the notice is to contain a description of the alleged offence. 12.10 Evidence of a determination (1) In any legal proceedings, evidence of a determination may be given by tendering the register referred to in clause 2.5 or a certified copy of an extract from the register. (2) It is to be presumed, unless the contrary is proved, that the determination was properly made and that every requirement for it to be made and have effect has been satisfied. (3) Subclause (2) does not make valid a determination that has not been properly made. ————

46 GOVERNMENT GAZETTE, WA 5 January 2021 DETERMINATIONS [Clause 2.1] The following determinations are to be taken to have been made by the local government under clause 2.1. 1.1 Definition In these determinations— local law means the Public Places and Local Government Property Local Law 2020 made by the local government. 1.2 Interpretation Where a term is used but not defined in a determination and that term is defined in this local law then the term is to have the meaning given to it in this local law. PART 2—APPLICATION 2.1 Vehicles on local government property (1) Unless authorised by a permit or determination, a person must not take or cause a vehicle to be taken onto or driven on local government property unless— (a) subject to subclause (3), the local government property is clearly designated as a road, access way or car park; (b) the vehicle is driven by a local government employee, authorised person or contractor engaged by the local government, who is engaged in— (i) providing a service or making a delivery in connection with the local government (ii) maintaining the local government property; (c) the person is driving an emergency vehicle in the course of his or her duties; (d) the vehicle is— (i) driven on local government property that has been designated as a golf course; (ii) used in accordance with the conditions set down by the local government, the controller or an authorised person; and (iii) of a type allowed to be taken onto the golf course by the local government, the controller or an authorised person; or (e) the vehicle is a motorised wheelchair, and the driver of that vehicle is a disabled person. (2) A person must not drive a vehicle or allow a vehicle to be driven on local government property at a speed exceeding 10 kilometres per hour or as otherwise indicated by a sign, or in such a manner as to cause danger to any person. (3) Other than in accordance with paragraphs (b), (c), (d) or (e) of subclause (1), a person must not drive a vehicle on local government property that is being used for a function for which a permit has been obtained unless permitted to do so by the permit holder or an authorised person. 2.2 Motorised model aeroplanes, toys or ships A person must not use, launch or fly a drone, motorised model aeroplane, toy, ship, glider or rocket that is propelled by mechanical, hydraulic, combustion or pyrotechnic means on or from local government property except in accordance with a permit or determination that specifies that particular local government property. 2.3 Children’s playgrounds (1) The local government may set aside a public reserve or any portion of a public reserve as a children’s playground. (2) The local government may limit the ages of persons who are permitted to use a children’s playground and may erect a sign under clause 2.3 of this local law to that effect on or in the immediate vicinity of the playground. (3) A person over the age specified on that sign, other than a person having the charge of a child or children in the playground, must not use a playground or interfere with the use by children of the playground. 2.4 Launching and retrieval of boats A person must not take a boat onto, launch a boat from, or retrieve a boat on, local government property except in accordance with permit or a determination that specifies that particular local government property unless— (a) the person is— (i) a local government employee or authorised person; or (ii) a contractor engaged by the local government and who is engaged in providing a service, maintaining or making a delivery in connection with, the local government property.

5 January 2021 GOVERNMENT GAZETTE, WA 47 (b) the person is in charge of a boat engaged in rescue services or dealing with an emergency; or (c) the local government property is a boat ramp that is delineated by a sign to that effect. 2.5 Activities prohibited on local government property (1) A person must not play or practise archery or pistol or rifle shooting on local government property except on land which is reserved by the local government for that purpose, or as otherwise permitted by a determination or permit. (2) A person must not play or practise golf on local government property except on a reserve set aside by the local government as a golf course. (3) A person must not, on any local government property, use or ride a bicycle or wheeled recreational device, skateboard, or sandboard— (a) inside, or on the curtilage to, a building; (b) on a golf course except to the extent permitted under clause 2.1(1)(d) of these Determinations; or (c) in or on a lakebed or waterway. (4) A person must not use on, or take on to, any local government property, a spear gun, hand spear, gidgie or similar device unless permitted by a determination or permit. (5) A person shall not traverse sand dunes except along pathways designated by signs or fences for the purpose. ———— [Clause 12.8] Item 1 2.4 Failure to comply with a determination 100 2 3.1 Undertaking activity on local government property without a permit 100 3 3.2 Camping on local government property or erecting an unauthorised structure 100 4 3.3 Failure to obtain licence for liquor 100 5 4.2 Failure to obtain permit for sign 100 6 4.4(3) Failure to comply with sign permit condition 100 7 5.1 Behaviour interfering with others 100 8 5.2 Behaviour detrimental to local government property 100 9 5.3 Taking or injuring fauna without authorisation 100 10 5.4 Removing, damaging or depositing flora without authorisation 100 11 5.5 Animal on local government property without a permit 100 12 5.6 Under influence of liquor or prohibited drug on local 13 5.7 Failure to comply with sign 100 14 5.8 Failure to comply with direction of authorised person 100 15 6.1, 6.2 Unauthorised entry to event, closed or fenced local 16 6.4 Failure to observe conditions of play or direction of course controller on golf course 100 17 6.8 Failure to comply with sign or direction on beach 100 18 6.11 Unauthorised entry to airport premises 100 19 6.12 Animal on airport premises without approval 100 20 6.15 Unauthorised use of any part of jetty which is closed or under repair or construction 100 21 6.16 Berthing of boats in unauthorised manner 100 22 6.17 Unauthorised berthing of a boat to jetty 100 23 6.18 Failure to remove berthed boat on direction of authorised person 100 24 6.19 Launching of boat from jetty without consent 100 25 6.20 Berthing when not ready to load or discharge cargo, at times not permitted or for longer than permitted 100

48 GOVERNMENT GAZETTE, WA 5 January 2021 Item 26 6.21 Unlawful storing of goods on jetty 100 27 6.22 Removing goods from jetty during other than permitted hours 100 28 6.23 Failure to remove cargo on jetty on direction of authorised person 100 29 6.24 Unauthorised deposit of bulk cargo on jetty 100 30 6.25 Polluting area surrounding jetty 100 31 6.26 Fishing from jetty so as to obstruct a boat or another person 100 32 7.6(1) Driving or riding vehicle on area of a flora road that is not a carriageway 100 33 7.9 Planting in flora road without a permit 100 34 7.11 Clearing a flora road without a permit 100 35 7.13 Burning a flora road without a permit 100 36 7.17 Constructing firebreak without a permit 100 37 7.19 Commercially harvesting flora without a permit 100 38 7.20(1) Collecting native flora seeds without a permit 100 39 8.1(a), 8.4(2)(b) Planting or allowing plant or verge treatment in street to become a sightline hazard 100 40 8.1(b) Damaging a street lawn or garden 100 41 8.1(c) Damaging or removing whole or part of a street tree without authorisation 300 42 8.1(d) Obstruction of street 100 43 8.1(e) Damaging, removing or interfering with street, part of street, sign or structure in a street without authorisation 100 44 8.1(f) Playing games in street so as to impede vehicles or persons 100 45 8.1(g) Riding of skateboard or similar device on mall, arcade or veranda of shopping centre 100 46 8.2 Carry on or undertake prohibited activity in street or damage local government property in a street without authorisation 300 47 8.4(4) Install verge treatment that is not a permissible treatment 100 48 8.5(a), 8.5(d) 8.5(e) Failure to keep permissible verge treatment in good and tidy condition, obstruct a street, footpath, drain, or driveway 100 49 8.5(c) Placing an obstruction on or around a verge treatment 100 50 8.5(f) Failure to ensure sprinklers or reticulation pipes do not protrude above level of verge treatment when not in use, not used at such times as to cause inconvenience to pedestrians, or otherwise present a hazard 100 51 8.8 Failure to obtain permit for a temporary crossing 100 52 8.9 Failure to remove redundant crossing or reinstate kerb, drain, footpath, verge or street 100 53 8.12 Failure to comply with condition of use of a street indicated by a sign 100 54 9.1(1) Animal or vehicle obstructing public place without authorisation 100 55 9.2(2) Animal in public place when not led, ridden or driven 100 56 9.3 Failure to clearly mark name or trading name on shopping trolley 100 57 9.4 Person leaving a shopping trolley in a public place other than trolley bay 100 58 9.5 Failure to remove shopping trolley after being advised of location 100 59 10.7 Failure to comply with permit condition 100 60 10.18 Failure to comply with permit condition in relation to local 61 10.17, 10.19, 10.20 Failure to produce permit for inspection, amendment or to return permit when no longer in effect 100

5 January 2021 GOVERNMENT GAZETTE, WA 49 Item 62 12.6 Failure to comply with notice 300 63 12.7 All other offences not specified 100 ———— Dated 26 November 2020. The Common Seal of the City of Greater Geraldton was affixed by authority of a resolution of the council in the presence of— SHANE VAN STYN, Mayor. ROSS McKIM, Chief Executive Officer.

PERTH, THURSDAY, 14 JANUARY 2021 No. 11 SPECIAL CONSOLIDATED LOCAL LAW

14 January 2021 GOVERNMENT GAZETTE, WA 183 CONSOLIDATED LOCAL LAW 2020 1.1 Short title 1.4 Read as a whole 1.5 Repeal 1.6 Fees 1.7 Delegation PART 2—GENERAL INTERPRETATION 2.1 Terms used 2.2 Interpretation 3.1 Terms used 3.2 Activities requiring permission 3.3 Notice to remove anything unlawfully placed on local government property 3.4 Liability for damage to local government property 3.5 Intoxicated persons not to enter local government property 3.6 No possession or consumption of liquor or prohibited drug 3.7 Permission required to camp outside a facility 3.8 When entry must be refused into swimming pool facility 3.9 Prohibitions on use of jetty 3.10 Only specified gender to use entry of toilet block or change room 3.11 No unauthorised entry to function 3.12 Permission required for vehicle crossing 3.13 Removal of redundant crossing 3.14 Assignment of property numbers 3.15 No smoking Division 1: General 4.1 Leaving animal on local government property 4.2 Prohibitions relating to animals 4.3 Taking or injuring any animal 4.4 Restrictions on feeding wildlife 4.5 Damaging or interfering with local government property used for seizing animal Division 2: Cats 4.6 Terms used 4.7 Limitation on the number of cats 4.8 Nuisance cat