206GOVERNMENT GAZETTE, WA 14 January 2021

206 GOVERNMENT GAZETTE, WA 14 January 2021 (2) A person may with the permission of the local government install an acceptable hard surface material over the entire verge where— (a) the width of the verge is less than 1 metre not including the width of the footpath; or (b) there are isolated remnant portions of verge less than 4 square metres in area on which it is not practicable to maintain natural lawn and garden. 7.6 Only permissible verge treatments to be installed (1) A person must not install or maintain a verge treatment which is not a permissible verge treatment. (2) The owner and the occupier of the lot abutting a verge treatment referred to in subclause (1) is each to be taken to have installed and maintained that verge treatment for the purposes of this clause and clause 7.7. 7.7 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, tidy and safe condition; and (b) ensure that the verge treatment does not obstruct or encroach upon a footpath or a carriageway adjoining the verge; and (c) ensure that the verge treatment does not otherwise cause a nuisance to any pedestrian or other person. 7.8 Transitional provision former provisions means the local law of the local government which permitted certain types of verge treatments, whether with or without the consent of the local government, and which was repealed by this local law. (2) A verge treatment which— (a) was installed prior to the commencement date; and (b) on the commencement date is a type of permissible 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. 7.9 Power to carry out public works on verge Where the local government disturbs a verge, the local government— (a) is not liable to compensate any person for that disturbance; and (b) may backfill with sand, if necessary, any garden or lawn on the verge; and (c) is not liable to replace or restore any— (i) verge treatment and, in particular, any plant or any acceptable hard surface material or other hard surface; or (ii) sprinkler, pipe or other reticulation equipment. 8.1 Terms used advertising sign means any sign, notice, structure, banner or other similar device used for the purpose of advertising or promoting any goods, services, person, body or other thing, or for displaying information about the same; home business has the same meaning as in the local planning scheme; home occupation has the meaning given to it in the local planning scheme; portable sign means a portable free standing sandwich board or “A” frame advertising sign or other device or thing, designed, intended or used for advertising, and not permanently attached to the ground or to a structure, wall, fence or building; real estate directional sign means a small temporary sign erected within the boundaries of a road reserve for the purpose of directing people to a specific address for a specified time to view real estate for sale, auction, lease or open for display or inspection. 8.2 Signs erected by the local government (1) The local government may erect a sign in a public place or on local government property specifying any conditions of use which apply to that place or property. (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.