Parking Local Law 2021

15 July 2021 GOVERNMENT GAZETTE, WA 3061 CAT ACT 2011 CATS LOCAL LAW 2021 Under the powers conferred by the Cat Act 2011, the Local Government Act 1995 and all other powers enabling it, the Council of the Shire of Carnarvon resolved on 25 May 2021 to make the following local law.

PART 1—PRELIMINARY 1.1 Title This is the Shire of Carnarvon Cats Local Law 2021. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Repeal The Shire of Carnarvon Local Law Cat Control 1997 published in the Government Gazette on 17 June 1997 and amended in the Government Gazette on 17 March 1998 is repealed. 1.4 Terms used (1) In this local law, unless the context otherwise requires— Act means the Cat Act 2011; applicant means a person who applies for an approval; application means an application for an approval; approval means approval under regulation 9 of the Cat (Uniform Local Provisions) Regulations 2013 and Part 2 of this local law; approved person means the person to whom an approval is granted; authorised person means a person appointed by the local government to perform the functions conferred on an authorised person under this local law; cat has the meaning given to it in the Act; cat management facility has the meaning given to it in the Act; local planning scheme means a local planning scheme made by the local government under the Planning and Development Act 2005; nuisance means— (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; owner has the meaning given to it in the Act; premises has the meaning given to it in the Act; and veterinarian has the meaning given to it in the Act. (2) A term that is used in this local law and is not defined in subclause (1) has the same meaning given to it in the Act or, if not defined in the Act, the same meaning given to it in the Cat Regulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or the Local Government Act 1995.

3062 GOVERNMENT GAZETTE, WA 15 July 2021 1.5 Application This local law applies throughout the district.

PART 2—NUMBER OF CATS THAT MAY BE KEPT 2.1 Interpretation For the purposes of applying this Part, a cat does not include a cat less than 6 months old. 2.2 Prescribed premises For the purposes of the definition of prescribed premises in regulation 4(1) of the Cat (Uniform Local Provisions) Regulations 2013, this local law limits the number of cats that may be kept at any premises within the district except— (a) a cat management facility operated by a body prescribed as a cat management facility operator under the Cat Regulations 2012; (b) a cat management facility operated by the local government; or (c) a veterinary clinic or veterinary hospital as defined under section 2 of the Veterinary Surgeons Act 1960, but only in relation to cats kept on those premises for treatment. 2.3 Standard number of cats For the purposes of the definition of standard number of cats in regulation 4(1) of the Cat (Uniform Local Provisions) Regulations 2013, no more than 3 cats may be kept on premises within the residential zone of the local planning scheme or used for residential purposes at which a member of a cat organisation is not ordinarily resident. 2.4 Application for approval (1) An application for approval to keep an additional number of cats at prescribed premises is dealt with in regulation 8 of the Cat (Uniform Local Provisions) Regulations 2013. (2) An application for approval must be accompanied by the application fee determined by the local government in accordance with the Act. 2.5 Determining an application (1) For the purpose of determining whether to grant approval for an application to keep an additional number of cats at prescribed premises, the local government must have regard to— (a) the zoning of the land under the local planning scheme; (b) the physical suitability of the premises for the proposed use; (c) the environmental sensitivity and general nature of the location surrounding the premises for the proposed use; (d) the structural suitability of any enclosure in which any cat is to be kept; (e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to an occupier of adjoining land; (f) the likely effect on the amenity of the surrounding area of the proposed use; (g) the likely effect on the local environment including any pollution or other environmental damage, which may be caused by the proposed use; and (h) any other factors which the local government considers to be relevant in the circumstances of the application. (2) An approval is to be in the form determined by the local government and is to be issued to the approved person. 2.6 Conditions (1) For the purpose of ensuring that the premises to which an application relates are suitable for the additional number of cats, the local government may impose any condition that it considers to be reasonably necessary for that purpose, including— (a) that the premises must be adequately fenced (and premises will be taken not to be adequately fenced if there is more than one escape of a cat from the premises); (b) that there must be adequate space for the exercise of the cats; (c) that, in the case of multiple dwellings where there is no suitable dividing fence, each current occupier of the adjoining multiple dwellings must give their written consent to the approval; and (d) that, without the consent of the local government, the approved person must not substitute or replace any cat that dies or is permanently removed from the premises. (2) An approved person who does not comply with a condition of the approval, commits an offence. Penalty: a fine of not less than $1,000 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. 2.7 Renewal of an application (1) An application is to be renewed if— (a) the approved person has not breached the conditions of the approval;

15 July 2021 GOVERNMENT GAZETTE, WA 3063 (b) the approval would have been granted if a fresh application for approval had been made; and (c) the renewal fee, imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995, is paid to the local government before the expiry of the approval. (2) On the renewal of an approval, the conditions of the approval that applied immediately before the renewal continue to have effect. 2.8 Transfer of an approval (1) An approval relates only to the premises specified in the approval, and only to the approved person specified in the approval, and is transferrable only in accordance with this clause . (2) An application for the transfer of an approval from the approved person to another person must be— (a) made in the form determined by the local government; (b) made by the proposed transferee; (c) made with the consent of the approved person; and (d) lodged with the local government together with the fee for the application for the transfer of an approval that is imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. (3) The local government is not to determine an application for the transfer of an approval until the proposed transferee has complied with subclause (2). (4) The local government may grant, or refuse to grant, an application for the transfer of an approval, and this approval will be subject to such conditions as the local government may impose under Regulation 9(3) of the Cat (Uniform Local Provisions) Regulations 2013. (5) Where the local government grants an application for the transfer of an approval— (a) it is to issue to the transferee an approval in the form determined by the CEO; and (b) on the date of approval, unless otherwise specified in the approval, the transferee becomes the approved person for the purposes of this local law. 2.9 Variation or cancellation of an approval (1) The local government may, at any time, vary the conditions of an approval by giving written notice to the permit holder and specifying the date on which the changes will become effective. (2) The local government may cancel an approval— (a) on the request of the approved person; (b) if the approved person breaches the Act, the Cat Regulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or this local law; or (c) if the approved person is not a fit and proper person to provide for the health and welfare of the cats. (3) If an approval is cancelled, the fee paid for the approval is not refundable for the term of the approval that has not yet expired. 2.10 Objection and review rights A decision of the local government made under clauses 2.7, 2.8 or 2.9 is a decision to which Division 1,

Part 9 of the Local Government Act 1995 applies.

PART 3—ENFORCEMENT 3.1 Infringement notices (1) An offence against clause 2.6(2) is a prescribed offence for the purposes of section 62(1) of the Act and the modified penalty for the offence is a fine of $200. (2) The form of an infringement notice is Form 6 in the Cat Regulations 2012, Schedule 1. (3) The form of withdrawal of the infringement notice is Form 7 in the Cat Regulations 2012, Schedule 1. ————

15 July 2021 GOVERNMENT GAZETTE, WA 3065 DOG ACT 1976 Under the powers conferred by the Local Government Act 1995, the Dog Act 1976 and under all other powers enabling it, the Council of the Shire of Carnarvon resolved on 25 May 2021 to make the following local law. PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the Shire of Carnarvon Dogs Local Law 2021. 1.2 Repeal The Shire of Carnarvon Dogs By-Law 1990 published in the Government Gazette on 12 October 1990 and amended in the Government Gazette on 20 March 1992, 30 June 1992, and 9 July 1993 is repealed. 1.3 Definitions In this local law unless the context otherwise requires— Act means the Dog Act 1976; authorised person means a person authorised by the local government to perform all or any of the functions conferred on an authorised person under this local law; local planning scheme means a local planning scheme made by the local government under the Planning and Development Act 2005; Regulations means the Dog Regulations 2013; Schedule means a schedule in this local law; and thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995. 1.4 Application This local law applies throughout the district. 1.5 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. PART 2—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 2.1 Dogs to be confined (1) An occupier of premises on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; (c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; (d) maintain the fence and all gates and doors in the fence in good order and condition; (e) ensure the fence is erected and maintained in accordance with the provisions of the Shire of Carnarvon Fencing Local Law or a policy made under a local planning scheme; and

3066 GOVERNMENT GAZETTE, WA 15 July 2021 (f) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) Where an occupier fails to comply with subclause (1), he or she commits an offence. (3) Notwithstanding subclauses (1) and (2), the confinement of dangerous dogs is dealt with in the Act and Regulations. 2.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 3 as an approved kennel establishment; (b) granted an exemption under section 26(3) of the Act; or (c) established as a veterinary hospital or a veterinary clinic. The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act is two (2) dogs over the age of 3 months and the young of those dogs under that age. PART 3—APPROVED KENNEL ESTABLISHMENTS 3.1 Interpretation In this Part and in Schedule 2— licence means a licence to keep an approved kennel establishment on premises; licensee means the holder of a licence; premises, in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence; and transferee means a person who applies for the transfer of a licence to her or him under clause 3.14. 3.2 Application for licence for approved kennel establishment An application for a licence must be made in the form of that in Schedule 1, and must be lodged with the local government together with— (a) evidence of any approvals required under the local planning scheme— (b) plans and specifications of the kennel establishment, including a site plan; (c) copies of the notices to be given under clause 3.3; (d) written evidence that either the applicant or another person who will have the charge of the dogs, will reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; (e) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; and (f) the fee for the application for a licence referred to in clause 3.10. 3.3 Notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining the premises. (2) The notices in subclause (1) must specify that— (a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days of the date the notice is given; and (b) the application and plans and specifications may be inspected at the offices of the local government. (3) Where— (a) the notices given under subclause (1) do not clearly identify the premises; or (b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises, then the local government may refuse to determine the application for a licence until the notices or notice, as the case may be, is given in accordance with its directions. 3.4 Exemption from notice requirements (1) Where an application for a licence is made in respect of premises on which an approved kennel establishment is either a— (a) permitted use; or (b) use which the local government may approve subject to compliance with specified notice requirements, under a local planning scheme, then the requirements of clauses 3.2(c), 3.3 and 3.5(c) do not apply in respect of the application for a licence. (2) The local government may require advertising of an application as part of the planning process.

15 July 2021 GOVERNMENT GAZETTE, WA 3067 3.5 When application can be determined An application for a licence is not to be determined by the local government until— (a) any approvals required under the local planning scheme have been obtained by the applicant; (b) the applicant has complied with clause 3.2; (c) the applicant submits proof that the notices referred to in clause 3.3(1) have been given in accordance with that clause; and (d) the local government has considered any written submissions received within the time specified in clause 3.3(2)(a) on the proposed use of the premises. 3.6 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 3.7; (b) any written submissions received within the time specified in clause 3.3(2)(a) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the approved kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs. 3.7 Where application cannot be approved The local government cannot approve an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme unless prior valid planning approval has been issued by the local government and the application for a licence is consistent with that approval; or (b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare. 3.8 Conditions of approval (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate. (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2. 3.9 Compliance with conditions of approval Penalties applicable where a licensee does not comply with the conditions of a licence are contained in the Act and Regulations. 3.10 Fees (1) On lodging an application for a licence, the applicant is to pay a fee to the local government. (2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government. (3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the local government. (4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government under sections 6.15 to 6.19 of the Local Government Act 1995. 3.11 Form of licence The licence is to be in the form determined by the local government and is to be issued to the licensee. 3.12 Period of licence (1) The period of effect of a licence is set out in section 27(5) of the Act. (2) A licence is to be renewed if the fee referred to in clause 3.10(2) is paid to the local government prior to the expiry of the licence. (3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect. 3.13 Variation or cancellation of licence (1) The local government may vary the conditions of a licence. (2) The local government may cancel a licence— (a) on the request of the licensee; (b) following a breach of the Act, the Regulations or this local law; or (c) if the licensee is not a fit and proper person.

3068 GOVERNMENT GAZETTE, WA 15 July 2021 (3) The date a licence is cancelled is to be, in the case of— (a) paragraph (a) of subclause (2), the date requested by the licensee; or (b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act. 3.14 Transfer (1) An application for the transfer of a valid licence from the licensee to another person must be— (a) made in the form determined by the local government; (b) made by the transferee; (c) made with the written consent of the licensee; and (d) lodged with the local government together with— (i) written evidence that a person will reside at or within reasonably close proximity to the premises the subject of the licence; and (ii) the fee for the application for the transfer of a licence referred to in clause 3.10(3). (2) The local government is not to determine an application for the transfer of a valid licence until the transferee has complied with subclause (1). (3) The local government may approve, whether or not subject to such conditions as it considers appropriate, or refuse to approve an application for the transfer of a valid licence. (4) Where the local government approves an application for the transfer of a valid licence, then on the date of approval, unless otherwise specified in the notice issued under clause 3.15(b), the transferee becomes the licensee of the licence for the purposes of this local law. 3.15 Notification The local government is to give written notice to— (a) an applicant for a licence of the local government’s decision on her or his application; (b) a transferee of the local government’s decision on her or his application for the transfer of a valid licence; (c) a licensee of any variation made under clause 3.13(1); (d) a licensee when her or his licence is due for renewal and the manner in which it may be renewed; (e) a licensee when her or his licence is renewed; (f) a licensee of the cancellation of a licence under clause 3.13(2)(a); and (g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 3.13(2), which notice is to be given in accordance with section 27(6) of the Act. 3.16 Inspection of kennel With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time.

PART 4—MISCELLANEOUS 4.1 Offence to excrete (1) A dog must not excrete on— (a) any thoroughfare, any dog exercise area or other public place; or (b) any land which is not a public place without the consent of the occupier. (2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence. (3) The person liable for the control of the dog does not commit an offence against subclause (2) if any excreta is removed immediately by that person.

PART 5—ENFORCEMENT 5.1 Interpretation In this Part— infringement notice means the notice referred to in clause 5.4; and notice of withdrawal means the notice referred to in clause 5.7(1). 5.2 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. 5.3 Modified penalties The offences contained in Schedule 3 are offences in relation to which a modified penalty may be imposed.

15 July 2021 GOVERNMENT GAZETTE, WA 3069 5.4 Issue of infringement notice Where an authorised person has reason to believe that a person has committed an offence in respect of which a modified penalty may be imposed, he or she may issue to that person a notice in the form of Form 8 of the First Schedule of the Regulations. 5.5 Failure to pay modified penalty Where a person who has received an infringement notice fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty. 5.6 Payment of modified penalty A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case be allowed by the CEO, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgment. 5.7 Withdrawal of infringement notice (1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice by sending a notice in the form of Form 9 of the First Schedule of the Regulations. (2) A person authorised to issue an infringement notice under clause 5.4 cannot sign or send a notice of withdrawal. ————

Schedule 1 APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT (clause 3.2) I/we (full name) .............................................................................................................................................. of (postal address) .......................................................................................................................................... (telephone number) ........................................................................................................................................ (facsimile number) ......................................................................................................................................... (E-mail address) ............................................................................................................................................. Apply for a licence for an approved kennel establishment at (address of premises) .................................. ........................................................................................................................................................................ For (number and breed of dogs) ....................................................................................................................

• (insert name of person) ....................................................................................... will be residing at the premises on and from (insert date) ...........................................
• (insert name of person) ............................................................................. will be residing (sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare) at ................................................................................................................... (insert address of residence) on and from ................................... (insert date). Attached are— (a) a site plan of the premises showing the location of the kennels and yards and all other buildings and structures and fences; (b) plans and specifications of the kennel establishment; (c) copy of notice of proposed use to appear in newspaper; (d) copy of notice of proposed use to be given to adjoining premises; (e) written evidence that a person will reside— (i) at the premises; or (ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; and (f) if the person in item (e) is not the applicant, written evidence that the person is a person in charge of the dogs. I confirm that I have read and agree to comply with the Code of Practice known as .............................., in the keeping of dogs at the proposed kennel establishment. Signature of applicant ................................................. Date ..............................................................................
• delete where inapplicable. Note: a licence if issued will have effect for a period of 12 months—section 27.5 of the Dog Act. OFFICE USE ONLY Application fee paid on [insert date].

3070 GOVERNMENT GAZETTE, WA 15 July 2021 CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT (clause 3.8(1)) An application for a licence for an approved kennel establishment may be approved subject to the following conditions— (a) each kennel, unless it is fully enclosed, must have a yard attached to it; (b) each kennel and each yard must be at a distance of not less than— (i) 25m from the front boundary of the premises and 5m from any other boundary of the premises; (ii) 10m from any dwelling; and (iii) 25m from any church, school room, hall, factory, dairy or premises where food is manufactured, prepared, packed or stored for human consumption; (c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or netting or other materials approved by the local government; (d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel and the length of the dog is to be determined by measuring from the base of the tail to the front of its shoulder; (e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the floor area of the kennel or group of kennels to which it is attached; (f) the upper surface of the kennel floor must be— (i) at least 100mm above the surface of the surrounding ground; (ii) smooth so as to facilitate cleaning; (iii) rigid; (iv) durable; (v) slip resistant; (vi) resistant to corrosion; (vii) non-toxic; (viii) impervious; (ix) free from cracks, crevices and other defects; and (x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn must lead to a suitably sized diameter sewerage pipe which must be properly laid, ventilated and trapped in accordance with the health requirements of the local government; (g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to approved apparatus for the treatment of sewage in accordance with the health requirements of the local government; (h) the kennel floor must have a durable upstand rising 75mm above the floor level from the junction of the floor and external and internal walls, or internal walls must be so constructed as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor; (i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of any kennel; (j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of— (i) 2m; or (ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured from the floor to the uppermost tip of its shoulders while in a stationary upright position; (k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted internally and externally with good quality new zincalume or new pre-finished colour coated steel sheeting or new fibrous cement sheeting or other durable material approved by the local government; (l) all external surfaces of each kennel must be kept in good condition; (m) the roof of each kennel must be constructed of impervious material; (n) all kennels and yards and drinking vessels must be maintained in a clean condition and must be cleaned and disinfected when so ordered by an authorised person; (o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the treatment of sewage; (p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled; (q) suitable water must be available at the kennel via a properly supported standpipe and tap; and (r) the licensee or the person nominated in the application for a licence, must, in accordance with the application for the licence, continue to reside— (i) at the premises; or (ii) in the opinion of the local government, sufficiently close to the premises so as to control the dogs, and to ensure their health and welfare.

15 July 2021 GOVERNMENT GAZETTE, WA 3071

Schedule 3 OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES (clause 5.3) Offence Nature of offence Modified penalty $ 2.1 Failing to provide means for effectively confining a dog 100 4.1(2) Dog excreting in prohibited place 100 ————

15 July 2021 GOVERNMENT GAZETTE, WA 3073 SHIRE OF CARNARVON HEALTH AMENDMENT LOCAL LAW 2021 Under the powers conferred by the Local Government Act 1995, and all other powers enabling it, the Council of the Shire of Carnarvon resolved on 25 May 2021 to make the following local law.

1. Citation This local law is cited as the Shire of Carnarvon Health Amendment Local Law 2021.
2. Commencement This local law comes into operation 14 days after its publication in the Government Gazette.
3. Principal local law This local law amends the Shire of Carnarvon Heath Local Laws 1997 as published in the Government Gazette on 23 July 1997.
4. Clause 70(3) amended In clause 70(3), the word ‘not’ is inserted after ‘This Section shall’.
5. Clause 73(b) amended In clause 73(b) the words ‘except where registered homing pigeons are freed for exercise,’ are deleted.
6. Clause 73A added After Clause 73 add the following— Persons not to release pigeons unless an owner or occupier in the district 73A. A person shall not release a pigeon or pigeons anywhere in the district unless that person is also an owner or occupier of property in the district. ————

15 July 2021 GOVERNMENT GAZETTE, WA 3075 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Carnarvon resolved on 25 May 2021 to make the following local law. PART 1—DEFINITIONS AND OPERATION 1.1 Citation This local law may be cited as the Shire of Carnarvon Parking Local Law 2021. 1.2 Application (1) Subject to subclause (2), this local law applies throughout the district. (2) This local law does not apply to a parking facility or a parking station that is not occupied by the Shire, unless the Shire 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. 1.3 Commencement This local law will come into operation on the fourteenth day after the day on which it is published in the Government Gazette. 1.4 Repeal

Part 28 of the Shire of Carnarvon Local Laws Relating to Local Government Act Local Laws 1998 published in the Government Gazette on 26 February 1998 is deleted. 1.5 Interpretation In this local law unless the context otherwise requires— Act means the Local Government Act 1995; authorised person means a person authorised 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; authorised vehicle means a vehicle authorised by the local government, Chief Executive Officer, authorised person or by any written law to park on a thoroughfare or parking facility; bicycle has the meaning given to it by the Code; bicycle lane has the meaning given to it by the Code bicycle path has the meaning given to it by the Code; bus has the meaning given to it by the Code; bus embayment has the meaning given to it by the Code; bus stop has the meaning given to it by the Code; bus zone has the meaning given to it by the Code; caravan has the meaning given to it by the Caravans Parks and Camping Grounds Act 1995; carriageway has the same meaning given to it in the Code; centre in relation to a carriageway, means a line or a series of lines, marks or other indications— (a) for a two-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; childrens crossing has the meaning given to it by the Code; Code means the Road Traffic Code 2000;

3076 GOVERNMENT GAZETTE, WA 15 July 2021 commercial vehicle 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 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 being used for that purpose; disability parking permit has the meaning given to it in the Local Government (Parking for People with Disabilities) Regulations 2014; 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 to it by the Code; footpath has the meaning given to it by the Code; GVM (which stands for gross vehicle mass) has the meaning given to it by the Code; 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; mail zone has the meaning given to it by the Code; median strip has the meaning given to it by the Code; metered space means a section or part of a metered zone that is adjacent to a parking meter and that is marked or defined by painted lines or by metallic studs or similar devices for the purpose of indicating where a vehicle may be parked on payment of a fee or charge; metered zone means any thoroughfare or reserve, or part of any thoroughfare or reserve, in which parking meters regulate the parking of vehicles; motorcycle has the meaning given to it by 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; nature strip has the meaning given to it by the Code; no parking area has the meaning given to it by the Code; no parking sign means a sign with the words no parking in red letters on a white background, or 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 to it by the Code; no stopping sign means a sign with the words no stopping or no standing in red letters on a white background or the letter S within a red annulus and a red diagonal line across it on a white background; obstructing means causing or allowing a motor vehicle, trailer, or other object to stand on a road in such a way that it is likely to impede other road users; occupier has the meaning given to it by the Act; owner— (a) where used in relation to a vehicle licensed under the Road Traffic Act 1974, 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; painted island has the meaning given to it by the Code; park has the meaning given to it by the Code; parking area has the meaning given to it by the Code; parking control sign has the same meaning given it by the Code; parking facility includes land, buildings, shelters, metered zones, metered spaces, parking stalls and other facilities open to the public generally for the parking of vehicles with or without charge and signs, notices and facilities used in connection with the parking of vehicles; parking meter includes the stand on which the meter is erected and a ticket issuing machine; parking region means the whole of the district except— (a) the approach and departure prohibition areas of all existing and future traffic control signal installations as determined by the Commissioner of Main Roads; (b) prohibition areas applicable to all existing and future bridges and subways as determined by the Commissioner of Main Roads; and (c) 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 Shire;

15 July 2021 GOVERNMENT GAZETTE, WA 3077 parking stall means a section or part of a thoroughfare or of a 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, but does not include a metered space; parking station means any land, or structure provided for the purpose of accommodating vehicles with or without charge, but does not include a metered zone or metered space; path has the same meaning given to it by the Code; pedestrian crossing has the meaning given to it by the Code; public bus has the same meaning given to it by 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; (b) of which the local government is the management body under the Land Administration Act 1997; or (c) which is an otherwise unvested facility within section 3.53 of the Act; road means a highway, road, street, lane, thoroughfare, way or similar place within the parking region which the public is allowed to use and includes the road verge and any footway within it; Road Traffic Act means the Road Traffic Act 1974; Schedule means a Schedule to this local law; shared zone has the meaning given to it by the Code; sign includes a traffic sign, inscription, road marking, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols, and which is 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 of vehicles; special purpose vehicle has the meaning given to it by the Code; stop in relation to a vehicle means to stop a vehicle and permit it to remain stationary, except for the purposes of avoiding conflict with other traffic or of complying with the provisions of any law; symbol includes any symbol specified by Australian Standard 1742.11-1989 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 shall be also deemed to include a reference to the corresponding symbol; taxi means a taxi within the meaning of the Road Traffic Code 2000; taxi zone has the meaning given to it by the Code; thoroughfare has the meaning given to it by the Act; ticket issuing machine means a parking meter which issues, as a result of money being inserted in the machine or such other form of payment as may be permitted to be made, a ticket showing the period during which it shall be lawful to remain parked in a metered space to which the machine is referable; traffic island has the meaning given to it by the Code; trailer has the meaning given to it by the Code— vehicle has the meaning given to it by the Code; and verge has the same meaning as nature strip. 1.6 Application of particular definitions (1) For the purposes of the application of the definitions ‘no parking area’ and ‘parking area’ an arrow inscribed on a traffic sign erected at an angle to the boundary of the carriageway is deemed 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 1974 or in the Code, then the term shall have the meaning given to it in that Act or the Code. 1.7 Application and pre-existing signs (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. (4) A sign that— (i) was erected by the local government or the Commissioner of Main Roads prior to the coming into operation of this local law; and

3078 GOVERNMENT GAZETTE, WA 15 July 2021 (ii) relates to the parking of vehicles within the parking region, shall be deemed for the purposes of this local law to have been erected by the local government under the authority of this local law. (5) An inscription or symbol on a sign referred to in subclause (5) operates and has effect according to its tenor, and where the inscription or symbol relates to the stopping of vehicles, it shall be deemed for the purposes of this local law to operate and have effect as if it related to the parking of vehicles. (6) The provisions of Parts 2, 3, 4 and 5 do not apply to a bicycle parked at a bicycle rail or bicycle rack. 1.8 Classes of vehicles For the purpose 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 shall 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. 1.10 Powers of the local government The local government may, by resolution, 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 the provisions of this local law. PART 2—METERED ZONES 2.1 Determination of metered zones (1) The local government may by resolution, constitute, determine and vary and also indicate by signs, metered spaces and metered zones. (2) In respect of metered spaces and metered zones the local government may determine, and may indicate by signs— (a) permitted times and conditions of parking depending on and varying with the locality; (b) classes of vehicles which are permitted to park; (c) the amount payable for parking; and (d) the manner of parking. (3) Where the local government makes a determination under subsections (1) or (2) it shall erect signs to give effect to the determination. 2.2 Parking fee to be paid Subject to clause 2.5, a person shall not park a vehicle in a metered space unless the appropriate fee as indicated by a sign on the parking meter referable to the space is inserted into the parking meter. 2.3 Limitation on parking in metered space The payment of a fee under clause 2.2 shall entitle a person to park the vehicle in a metered space for the period shown on the parking meter, but does not authorise the parking of the vehicle during any time when parking in that space may be prohibited in accordance with this local law. 2.4 No parking when meter is expired Subject to clause 2.5, a person shall not leave or permit a vehicle to remain parked in a metered space during the hours when a fee is payable to park the vehicle in the space when the parking meter referable to that space exhibits the sign ‘Expired’ or a negative time. 2.5 Suspension of requirement to pay fee (1) The local government may, by resolution, declare that the provisions of clauses 2.2 and 2.4 shall not apply during the periods and days specified. effect to the determination. 2.6 Vehicles to be within metered space Subject to subclause (b)— (a) A person shall not park a vehicle in a metered space in a thoroughfare otherwise than parallel to and as close to the kerb as practicable and wholly within the space, provided that where a metered space is set out otherwise than parallel to the kerb the vehicle need only park wholly within the space.

15 July 2021 GOVERNMENT GAZETTE, WA 3079 (b) If a vehicle is too long or too wide to fit completely within a single metered space then the person parking the vehicle shall do so within the minimum number of metered spaces needed to park that vehicle. (c) A person shall not park a vehicle partly within and partly outside a metered zone. 2.7 Permitted insertions in parking meters (1) A person shall not insert into a parking meter anything other than the designations of coin or banknote or such other permitted form of payment indicated by a sign on the parking meter. (2) The insertion of a coin or banknote into any parking meter or the making of payment in such other form as may be permitted shall be effected only in accordance with the instructions printed on that particular meter. 2.8 Parking ticket to be clearly visible A driver of a vehicle left parked in a metered zone which is regulated by a ticket issuing machine shall on purchasing a ticket from the machine for a period of parking, place the ticket inside the vehicle in such a position that the ticket is clearly visible to and the expiry time or time for which the ticket remains valid is able to be read by an authorised person examining the ticket from outside the vehicle. 2.9 One vehicle per metered space A person shall not park or attempt to park a vehicle in a metered space in which another vehicle is parked. 2.10 No parking when hood on meter Notwithstanding any other provision of this local law and notwithstanding any other sign or notice, a person shall not park a vehicle in a metered space if the parking meter referable to such metered space has a hood marked ‘No Parking’, ‘Reserved Parking’ or ‘Temporary Bus Stand’ or equivalent symbols depicting these purposes except with the permission of the local government or an authorised person. PART 3—PARKING STALLS AND PARKING STATIONS 3.1 Determination of parking stalls and parking stations (1) The local government may, by resolution, constitute, determine and vary— (a) parking stalls; (b) parking stations; (c) permitted time and conditions of parking in parking stalls and parking stations which may vary with the locality; (d) permitted classes of vehicles which may park in parking stalls and parking stations; (e) permitted classes of persons who may park in specified parking stalls or parking stations; and (f) the manner of parking in parking stalls and parking stations. effect to the determination 3.2 Vehicles to be within parking stall on thoroughfare (1) Subject to subclause (2), (3) and (4), a person shall not park a vehicle in a parking stall in a thoroughfare otherwise than— (a) parallel to and as close to the kerb as is practicable; (b) wholly within the stall; and (c) 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 in a thoroughfare 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 shall do so within the minimum number of parking stalls needed to park that vehicle. (4) A person shall not park a vehicle partly within and partly outside a parking area. 3.3 Payment of fee to park in parking station A person shall not park a vehicle or permit a vehicle to remain parked in any parking station during any period for which a fee is payable unless— (a) in the case of a parking station having an authorised person on duty, the appropriate fee is paid when demanded; or (b) in the case of a parking station equipped with parking meters, the appropriate fee is inserted in the meter or the required payment is made in such other form as may be permitted. 3.4 Suspension of parking station restrictions (1) The local government may, by resolution, declare that the provisions of clause 3.3 do not apply during periods on particular days in relation to particular parking stations as specified. effect to the determination.

3080 GOVERNMENT GAZETTE, WA 15 July 2021 3.5 Vehicle not to be removed until fee paid A person shall not remove a vehicle which has been parked in a parking station until the fee associated with parking that vehicle in the parking station has been paid in full. 3.6 Entitlement to receipt A person paying a fee at a parking station is to be entitled to receive a receipt on demand showing the period of parking covered by such payment and the amount of the fee paid. 3.7 Parking ticket to be clearly visible A driver of a vehicle in a parking station which is equipped with a ticket issuing machine shall on purchasing a ticket from the machine for a period of parking, place the ticket inside the vehicle in such a position that the ticket is clearly visible to and the expiry time or time for which the ticket remains valid is able to be read by an authorised person examining the ticket from outside the vehicle. 3.8 Parking prohibitions and restrictions (1) A person shall not— (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 local government 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) No person shall park any bicycle— (a) in a parking stall other than in a stall located against a kerb and marked ‘M/C’; and (b) in such stall other than parked against the kerb. (3) Notwithstanding the provisions of 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 valid disability parking permit ; (b) a person with disabilities to which that permit relates is either the driver of or a passenger in the vehicle; and (c) any disability permit displayed must be clearly displayed from inside the vehicle in such a position that the permit is clearly visible to, and is able to be read by an authorised person examining the permit from outside the vehicle. PART 4—PARKING GENERALLY 4.1 Restrictions on parking in particular areas (1) Subject to subclause (2), a person shall 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. (2) (a) This subclause applies to a driver if— (i) the driver’s vehicle displays a Disability Parking Permit; and (ii) a disabled person to which the Disability Parking Permit relates is either the driver of the vehicle or a passenger in the vehicle. (b) The driver may park a vehicle in a thoroughfare or a 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 disability parking permit sign relates for twice the period indicated on the sign. (3) A person shall not park a vehicle— (a) in a no parking area; or (b) in a parking area, except in accordance with signs associated with the parking area and with (5) A person shall not, without the prior permission of the local government, the CEO, or an authorised person, park a vehicle in an area designated by a sign stating ‘Authorised Vehicles Only’. 4.2 Parking vehicle on a carriageway (1) A person parking a vehicle on a carriageway other than in a parking stall shall 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;

15 July 2021 GOVERNMENT GAZETTE, WA 3081 (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 motorcycle without a trailer, or a bicycle 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 parking regulation sign or markings on the roadway. (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. 4.3 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 shall 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 shall park it at approximately right angles to the centre of the carriageway in a manner that does not obstruct the carriageway. 4.4 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 three 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 shall 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. 4.5 General prohibitions on parking (1) (a) This clause does not apply to a vehicle parked in a parking stall nor to a bicycle in a bicycle rack. (b) Subclauses (2)(c), (e) and (g) do not apply to a vehicle which parks in a bus embayment. (2) Subject to any law relating to intersections with traffic control signals, a person shall not park a vehicle so that any portion of the vehicle is— (a) on or adjacent to a median strip or painted island; (b) 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; (c) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the carriageway, if the vehicle would obstruct traffic; (d) on or within 10 metres of any portion of a carriageway bounded by a traffic island; (e) on any portion of a footpath or pedestrian crossing; (f) between the boundaries of a carriageway and any double longitudinal line consisting of two 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; (g) on an intersection, except adjacent to a carriageway boundary that is not broken by an intersecting carriageway; (h) 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; (i) within 3 metres of a public letter box, unless the vehicle is being used for the purposes of collecting postal articles from the pillar box; or (j) 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.

3082 GOVERNMENT GAZETTE, WA 15 July 2021 (3) A person shall 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 passengers; or (b) a children’s crossing or pedestrian crossing. (4) A person shall 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; (b) a children’s crossing or pedestrian crossing. (5) A person shall 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. 4.6 Authorised person may order vehicle on thoroughfare to be moved The driver of a vehicle shall not 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. 4.7 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 shall not remove a mark made by an authorised person so that the purpose of the affixing of such a mark is defeated or likely to be defeated. 4.8 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 shall 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 shall 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 two hours. 4.9 No parking of vehicles exposed for sale and in other circumstances A person shall not park a vehicle on any portion of a thoroughfare— (a) for the purpose of exposing it for sale; (b) if that vehicle is not licensed under the Road Traffic Act; (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. 4.10 Parking on private land (1) In this clause a reference to ‘land’ does not include land— (a) which belongs to the local government; (b) of which the local government is the management body under the Land Administration Act 1997; (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 1.7(2). (2) A person shall 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 shall not park a vehicle on the land otherwise than in accordance with the consent. 4.11 Parking on reserves No 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 shall drive or park a vehicle upon or over any portion of a reserve other than upon an area specifically set aside for that purpose. 4.12 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 local government, 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 in order that the person may carry out urgent, essential or official duties. (2) Where permission is granted under subclause (1), the local government, the CEO or an authorised person may prohibit the use by any other vehicle of that portion of the thoroughfare or parking facility to which the permission relates, for the duration of that permission.

15 July 2021 GOVERNMENT GAZETTE, WA 3083 PART 5—PARKING AND STOPPING GENERALLY 5.1 No stopping and no parking signs, and yellow edge lines (1) A driver shall not stop on a length of carriageway, or in an area, to which a ‘no stopping’ sign applies. (2) A driver shall not stop on a length of carriageway or in an area to which a ‘no parking’ sign applies, unless the driver— (a) is dropping off, or picking up, passengers or goods; (b) does not leave the vehicle unattended so that the driver is more than 3 metres from the closest point of the vehicle; (c) completes the dropping off, or picking up, of the passengers or goods within 2 minutes of stopping and drives on. (3) A driver shall not stop at the side of a carriageway marked with a continuous yellow edge line.

PART 6—STOPPING IN ZONES FOR PARTICULAR VEHICLES 6.1 Stopping in a loading zone A person shall 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, shall 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). 6.2 Stopping in a taxi zone or a bus zone (1) A driver shall not stop in a taxi zone, unless the driver is driving a taxi. (2) A driver shall 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. 6.3 Stopping in a mail zone A person shall not stop a vehicle in a mail zone. 6.4 Other limitations in zones A person shall not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would be contrary to any limitation in respect to classes of persons or vehicles, or specific activities allowed, as indicated by additional words on a traffic sign that applies to the zone.

PART 7—OTHER PLACES WHERE STOPPING IS RESTRICTED 7.1 Stopping in a shared zone A driver shall 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; (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. 7.2 Double parking (1) A driver shall 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. 7.3 Stopping near an obstruction A driver shall not stop on a carriageway near an obstruction on the carriageway in a position that further obstructs traffic on the carriageway. 7.4 Stopping on a bridge or in a tunnel, etc. (1) A driver shall 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 (b) 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.

3084 GOVERNMENT GAZETTE, WA 15 July 2021 (2) A driver shall 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. 7.5 Stopping on crests, curves, etc. (1) Subject to subclause (2), a driver shall 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 80 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 parking control sign applies and the driver is permitted to stop at that place under this local law. 7.6 Stopping near a fire hydrant etc. (1) A driver shall not stop a vehicle so that any portion of the vehicle is within one metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug, unless— (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. 7.7 Stopping at or near a bus stop (1) A driver shall 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 10m 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 (b) 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. (2) In this clause— (a) distances are measured in the direction in which the driver is driving; and (b) a trailer attached to a public bus is deemed to be a part of the public bus. 7.8 Stopping on a path, median strip, or traffic island or painted island The driver of a vehicle (other than a bicycle or an animal) shall not stop so that any portion of the vehicle is on a path, traffic island, painted island, or median strip, unless the driver stops in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law. 7.9 Stopping on verge (1) A person shall not— (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 (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 or in contravention of clause 9.6, so that any portion of it is on a verge. (2) Subject to clause 9.6, 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) Subject to clause 9.6, 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. 7.10 Obstructing access to and from a path, driveway, etc. (1) A driver shall 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 (2) A driver shall 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

15 July 2021 GOVERNMENT GAZETTE, WA 3085 7.11 Stopping near a public letter box A driver shall 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 parking control sign applies and the driver is permitted to stop at that place under this local law. 7.12 Stopping on a carriageway—heavy and long vehicles (1) A person shall 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 mitigates the limitations or condition imposed by any other clause or by any local law or traffic sign relating to the parking or stopping of vehicles. 7.13 Stopping on a carriageway with a bicycle parking sign The driver of a vehicle (other than a bicycle) shall not stop on a length of carriageway to which a ‘bicycle parking’ sign applies, unless the driver is dropping off, or picking up, passengers. 7.14 Stopping on a carriageway with motor cycle parking sign The driver of a vehicle shall 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 8—RESIDENTIAL PARKING PERMITS 8.1 Residential parking permit (1) A person may apply for a permit to park a vehicle on a thoroughfare if the person is— (a) an occupier of a lot fronting the thoroughfare; (b) the holder of the requisite vehicle licence under the Road Traffic Act for the vehicle; and (c) subject to subclause (2), described on the vehicle licence as residing at the lot. (2) An applicant for a permit who is not described in accordance with subclause (1)(c), may apply for a temporary permit by stating (by way of statutory declaration) on an application for such that he or she resides at that lot. (3) An application for a permit shall be made in the form determined by the local government. (4) The local government may in respect of an application for a permit for the purpose of subclause (1) or (2)— (a) approve it; (b) approve it subject to such conditions as the local government considers appropriate; or (c) refuse to approve it. (5) Where the local government makes a decision under subclauses (4)(a) or (b), it shall issue a permit in the form determined by it to the person who applied for the permit. (6) A temporary permit issued for the purpose of subclause (2)— (a) will expire 3 months after it is issued; and (b) is not renewable. (7) A permit issued for the purpose of subclause (1) may be either— (a) an annual permit, issued for a period not exceeding one year and expiring on 31 December in the year of issue; or (b) a temporary permit, issued for a period not exceeding 6 months from the date of issue. (8) Every permit issued for the purpose of subclause (1) is to specify— (a) a permit number; (b) the registration number of the vehicle; (c) the name of the thoroughfare to which the exemption granted by clause 8.2 applies; and (d) the date on which it expires. 8.2 Conditions of exemption for residential parking permits Where parking of a vehicle on any part of a thoroughfare within the district is prohibited for more than a specified time, or without an unexpired parking ticket being displayed within the vehicle, the holder of a permit issued under clause 8.1 is exempted from such prohibitions if— (a) the vehicle is parked on a thoroughfare specified in the permit, but not adjacent to retail premises where the parking of all vehicles is subject to a time restriction;

3086 GOVERNMENT GAZETTE, WA 15 July 2021 (b) the permit is affixed to the windscreen of the vehicle in a prominent position; (c) the period in respect of which the permit was issued has not expired; and (d) if the holder of the permit at the time of parking the vehicle still resides at the lot in respect of which the permit was issued. 8.3 Removal and cancellation of residential parking permit The holder of a permit issued under clause 8.1 who changes residence shall remove the permit from the vehicle to which it is affixed, and the permit shall be deemed to be cancelled on and from the date the holder changes residence. PART 9—MISCELLANEOUS 9.1 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, shall not remove from the vehicle any notice put on the vehicle by an authorised person. 9.2 Unauthorised signs and defacing of signs A person shall not without the authority of the local government— (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 upon any part of a sign set up or exhibited by the local government under this local law. 9.3 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. 9.4 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 three letters of any day of the week when used on a sign indicate that day of the week. 9.5 Special purpose and emergency vehicles Notwithstanding anything to the contrary in this local law, the driver of— (1) 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 (2) 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. 9.6 Vehicles not to obstruct a public place (1) A person shall 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 local government or unless authorised under any written law. (2) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours.

PART 10—PENALTIES 10.1 Offences and penalties (1) Any 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) 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) Any person who commits an offence under this local law shall be liable, upon conviction, to a penalty not less than $1,000 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. (4) The amount appearing in the final column of Schedule 1 directly opposite a clause specified in that Schedule is the modified penalty for an offence against that clause. 10.2 Form of notices For the purposes of this local law— (a) the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 2; (b) the form of the infringement notice referred to in section 9.17 of the Act is that of Form 2 in Schedule 2;

15 July 2021 GOVERNMENT GAZETTE, WA 3087 (c) the form of the infringement notice referred to in section 9.17 of the Act which incorporates the notice referred to in section 9.13 of the Act, is that of Form 3 in Schedule 2; and (d) the form of the notice referred to in section 9.20 of the Act is that of Form 4 in Schedule 2. ———— Schedule 1 PRESCRIBED OFFENCES (Clause 10.1(4)) Item No. Clause No. Nature of Offence Modified Penalty $ 1 2.2 Failure to pay fee for metered space 100 2 2.3 Parking in excess of period shown on metered space 100 3 2.4 Parking when meter has expired 100 4 2.6(a) Failure to park wholly within metered space 100 5 2.6(c) Parking outside metered zone 100 6 2.7 Non-permitted insertion in parking meter 100 7 2.8 Failure to display ticket clearly in metered zone 100 8 2.9 Parking or attempting to park a vehicle in a metered space occupied by another vehicle 100 9 2.10 Parking contrary to a meter hood 100 10 3.2 Failure to park wholly within parking stall 100 11 3.2(4) Failure to park wholly within parking area 100 12 3.3 Failure to pay parking station fee 100 13 3.5 Leaving without paying parking station fee 100 14 3.7 Failure to display ticket clearly in parking station 100 15 3.8(1)(a) Causing obstruction in parking station 100 16 3.8(1)(b) Parking contrary to sign in parking station 100 17 3.8(1)(c) Parking contrary to directions of authorised person 100 18 3.8(1)(d) Parking or attempting to park a vehicle in a parking stall occupied by another vehicle 100 19 4.1(1)(a) Parking wrong class of vehicle 100 20 4.1(1)(b) Parking by persons of a different class 100 21 4.1(1)(c) Parking during prohibited period 100 22 4.1(3)(a) Parking in no parking area 100 23 4.1(3)(b) Parking contrary to signs or limitations 100 24 4.1(3)(c) Parking vehicle in motor cycle only area 100 25 4.1(4) Parking motor cycle in stall not marked ‘M/C’ 100 26 4.1(5) Parking without permission in an area designated for ‘Authorised Vehicles Only’ 100 27 4.2(1)(a) Failure to park on the left of two-way carriageway and against the flow of traffic 100 28 4.2(1)(b) Failure to park on boundary of one-way carriageway and against the flow of traffic 100 29 4.2(1)(c) Parking when distance from farther boundary less than 3 metres 100 30 4.2(1)(d) Parking closer than 1 metre from another vehicle 100 31 4.2(1)(e) Causing obstruction 100 32 4.3(b) Failure to park at approximate right angle of 90 degrees 100 33 4.4(2) Failure to park at an appropriate angle of 45 degrees 100 34 4.5(2)(a) Parking on or adjacent to a median strip or painted island 100 35 4.5(2)(b) Denying access to private drive or right of way 100 36 4.5(2)(c) Parking beside excavation or obstruction so as to obstruct traffic 100 37 4.5(2)(d) Parking within 10 metres of traffic island 100 38 4.5(2)(e) Parking on footpath/pedestrian crossing 100 39 4.5(2)(f) Parking contrary to continuous line markings 100

3088 GOVERNMENT GAZETTE, WA 15 July 2021 Item No. Clause No. Nature of Offence Modified Penalty $ 40 4.5(2)(g) Parking on intersection 100 41 4.5(2)(h) Parking within 1 metre of fire hydrant or fire plug 100 42 4.5(2)(i) Parking within 3 metres of public letter box 100 43 4.5(2)(j) Parking within 10 metres of intersection 100 44 4.5(3)(a) Parking vehicle within 10 metres of departure side of bus stop 100 45 4.5(3)(b) Parking vehicle within 10 metres of departure side of children’s crossing or pedestrian crossing 100 46 4.5(4)(a) Parking vehicle within 20 metres of approach side of bus stop 100 47 4.5(4)(b) Parking vehicle within 20 metres of approach side of a children’s or pedestrian crossing 100 48 4.5(5) Parking vehicle within 20 metres of approach side or departure side of railway level crossing 100 49 4.6 Parking contrary to direction of authorised person 100 50 4.7(2) Removing mark of authorised person 100 51 4.8 Moving vehicle to avoid time limitation 100 52 4.9(a) Parking in thoroughfare for purpose of sale 100 53 4.9(b) Parking unlicensed vehicle in thoroughfare 100 54 4.9(c) Parking a trailer/caravan on a thoroughfare 100 55 4.9(d) Parking in thoroughfare for purpose of repairs 100 56 4.10(1) or (2) Parking on land that is not a parking facility without consent 100 57 4.10(3) Parking on land not in accordance with consent 100 58 4.11 Driving or parking on reserve 100 59 5.1(1) Stopping contrary to a ‘no stopping’ sign 100 60 5.1(2) Parking contrary to a ‘no parking’ sign 100 61 5.1(3) Stopping within continuous yellow lines 100 62 6.1 Stopping unlawfully in a loading zone 100 63 6.2 Stopping unlawfully in a taxi zone or bus zone 100 64 6.3 Stopping unlawfully in a mail zone 100 65 6.4 Stopping in a zone contrary to a sign 100 66 7.1 Stopping in a shared zone 100 67 7.2 Double parking on carriageway 100 68 7.3 Stopping near an obstruction 100 69 7.4 Stopping on a bridge or tunnel 100 70 7.5 Stopping on crests/curves 100 71 7.6 Stopping near fire hydrant 100 72 7.7 Stopping near bus stop 100 73 7.8 Stopping on path, median strip or traffic island 100 74 7.9 Stopping on verge 100 75 7.10 Obstructing path, a driveway 100 76 7.11 Stopping near public letter box 100 77 7.12 Stopping heavy or long vehicles on carriageway 100 78 7.13 Stopping in bicycle parking area 100 79 7.14 Stopping in motorcycle parking area 100 80 8.3 Failure to remove permit when residence changed 100 81 9.6 Leaving vehicle so as to obstruct a public place 100

82 All other offences not specified 100 ————

15 July 2021 GOVERNMENT GAZETTE, WA 3089 FORM 1 NOTICE TO OWNER OF VEHICLE INVOLVED IN OFFENCE To: (1) .............................................................................................................................................................. of: (2) ................................................................................................................................................................ It is alleged that on .......... / .......... / .......... at (3) ........................................................................................... at (4) ....................................................................................................................................... your vehicle— make: .................................................................. ; type: ................................................................... ; registration: ....................................................... , was involved in the commission of the following offence—.......................................................................... ........................................................................................................................................................................ ........................................................................................................................................................................ ........................................................................................................................................................................ You are required under section 9.13 of the Local Government Act 1995 to identify the person who was the driver or person in charge of the vehicle at the time when the offence is alleged to have been committed. If you do not prove otherwise, you will be deemed to have committed the offence unless— (a) within 28 days after being served with this notice— (i) you inform the Chief Executive Officer or another authorised officer of the local government as to the identity and address of the person who was the driver or person in charge of the vehicle at the time the offence is alleged to have been committed; and (ii) you satisfy the Chief Executive Officer that the vehicle had been stolen, or was being unlawfully used, at the time the offence is alleged to have been committed; or (b) you were given an infringement notice for the alleged offence and the modified penalty specified in it is paid within 28 days after the notice was given or such further time as is allowed. (5) .................................................................................................................................................................... (6) .................................................................................................................................................................... (1) Name of owner or ‘the owner’ (2) Address of owner (not required if owner not named) (5) Signature of authorised person (6) Name and title of authorised person giving notice ———— FORM 2 INFRINGEMENT NOTICE To: (1) .............................................................................................................................................................. of: (2) ................................................................................................................................................................ It is alleged that on .......... / .......... / .......... at (3) ........................................................................................... at (4) ................................................................................................................................................................

3090 GOVERNMENT GAZETTE, WA 15 July 2021 registration: ................................................ , you committed the following offence— ......................................................................................................... ....................................................................................................................................................................... ....................................................................................................................................................................... ....................................................................................................................................................................... The modified penalty for the offence is $ ............... If you do not wish to have a complaint of the alleged offence heard and determined by a court, the amount of the modified penalty may be paid to an authorised person at (5) ............................. within a period of 28 days after the giving of this notice. If you do not pay the modified penalty within 28 days after the date of this notice, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following actions may be taken— Your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. If the above address is not your current address, or if you change your address, it is important that you advise us immediately. Failure to do so may result in your driver’s licence or any vehicle licence you hold being suspended without your knowledge. (6) ................................................................................................................................................................... (7) ................................................................................................................................................................... (1) Name of alleged offender or ‘the owner’ (2) Address of alleged offender (5) Place where modified penalty may be paid (6) Signature of authorised person (7) Name and title of authorised person giving notice ———— FORM 3 INFRINGEMENT NOTICE To: (1) ............................................................................................................................................................. of: (2)................................................................................................................................................................ It is alleged that on .......... / .......... / .......... at (3) .......................................................................................... at (4) ............................................................................................................................................................... registration: ................................................ , you committed the following offence— ......................................................................................................... ....................................................................................................................................................................... ....................................................................................................................................................................... ....................................................................................................................................................................... The modified penalty for the offence is $ ...............

15 July 2021 GOVERNMENT GAZETTE, WA 3091 If you do not wish to have a complaint of the alleged offence heard and determined by a court, the amount of the modified penalty may be paid to an authorised person at (5) ........................... within a period of 28 days after the giving of this notice. Unless within 28 days after being served with this notice— (a) you pay the modified penalty; or (b) you— (i) inform the Chief Executive Officer or another authorised officer of the local government as to the identity and address of the person who was the driver or person in charge of the above vehicle at the time the offence is alleged to have been committed; or (ii) satisfy the Chief Executive Officer that the above vehicle had been stolen or was being unlawfully used at the time the offence is alleged to have been committed, you will, in the absence of proof to the contrary, be deemed to have committed the above offence and court proceedings may be instituted against you. If you do not pay the modified penalty within 28 days after the date of this notice, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following actions may be taken— Your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. If the above address is not your current address, or if you change your address, it is important that you advise us immediately. Failure to do so may result in your driver’s licence or any vehicle licence you hold being suspended without your knowledge. (6) .................................................................................................................................................................... (7) .................................................................................................................................................................... (1) Name of owner or ‘the owner’ (2) Address of owner (not required if owner not named) (5) Place where modified penalty may be paid (6) Signature of authorised person (7) Name and title of authorised person giving notice ———— FORM 4 WITHDRAWAL OF INFRINGEMENT NOTICE To: (1) .............................................................................................................................................................. of: (2) ................................................................................................................................................................ Infringement Notice No. .................................................................................... dated ........../........../.......... registration: ................................................. , for the alleged offence of— ............................................................................................................................ ........................................................................................................................................................................ ........................................................................................................................................................................ ........................................................................................................................................................................ has been withdrawn.

3092 GOVERNMENT GAZETTE, WA 15 July 2021 The modified penalty of $ ...................................... (a) has been paid and a refund is enclosed. (b) has not been paid and should not be paid. (delete as appropriate). (3) ................................................................................................................................................................... (4) ................................................................................................................................................................... (1) Name of alleged offender to whom infringement notice was given or ‘the owner’. (2) Address of alleged offender. (3) Signature of authorised person (4) Name and title of authorised person giving notice ————