1518GOVERNMENT GAZETTE, WA 22 April 2021

1518 GOVERNMENT GAZETTE, WA 22 April 2021 4.3 Taking or injuring any fauna (1) A person shall not, take, injure or kill or attempt to take, injure or kill any fauna which is on or above any local government property, unless that person is authorised under a written law to do so. animal means any living thing that is not a human being or plant; and fauna means any animal indigenous to or which periodically migrates to any State or Territory of the Commonwealth or the territorial waters of the Commonwealth and includes in relation to any such animal— (a) any class of animal or individual member; (b) the eggs or larvae; or (c) the carcass, skin, plumage or fur. 4.4 Intoxicated persons not to enter local government property A person shall not enter or remain on local government property while under the influence of liquor or a prohibited drug. 4.5 No prohibited drugs A person shall not take a prohibited drug on to, or consume or use a prohibited drug on, local government property. 4.6 No smoking A person must not smoke within a 5 metre radius of any entrance, exit or aperture of premises on local government property. 4.7 Signs (1) A local government may erect a sign on local government property specifying any conditions of use which apply to that property. (2) A person shall comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) is— (a) not to be inconsistent with any provision of this local law or any determination; and (b) to be for the purpose of giving notice of the effect of a provision of this local law. PART 5—OBJECTIONS AND APPEALS 5.1 Application of Division 1, Part 9 of the Act When the local government makes a decision as to whether it will— (a) grant a person a permit or consent under this local law; or (b) renew, vary, or cancel a permit or consent that a person has under this local law, the provisions of Division 1 of Part 9 of the Act and regulations 32A and 33 of the Regulations apply to that decision. PART 6—MISCELLANEOUS 6.1 Authorised person to be obeyed A person on local government property shall obey any lawful direction of an authorised person and shall not in any way obstruct or hinder an authorised person in the execution of her or his duties. 6.2 Persons may be directed to leave local government property An authorised person may direct a person to leave local government property where she or he reasonably suspects that the person has contravened a provision of any written law. 6.3 Disposal of lost property An article left on any local government property, and not claimed within a period of 3 months, may be disposed of by the local government in any manner it thinks fit. 6.4 Liability for damage to local government property (1) Where a person unlawfully damages local government property, the local government may by notice in writing to that person require that person within the time required in the notice to, at the option of the local government, pay the costs of— (a) reinstating the property to the state it was in prior to the occurrence of the damage; or (b) replacing that property. (2) Unless there is proof to the contrary, a person is to be taken to have damaged local government property within subclause (1) where a vehicle or a boat caused the damage, the person was the person responsible, at the time the damage occurred, for the control of the vehicle or the boat. (3) On a failure to comply with a notice issued under subclause (1), the local government may recover the costs referred to in the notice as a debt due to it.