168GOVERNMENT GAZETTE, WA 12 January 2018

168 GOVERNMENT GAZETTE, WA 12 January 2018 PART 7—OBSTRUCTING VEHICLES AND SHOPPING TROLLEYS 7.1 Interpretation In this Part— retailer means a proprietor of a shop which provides shopping trolleys for the use of customers of the shop; shopping trolley means a container or receptacle on wheels provided by a retailer for the transport of goods. 7.2 Leaving vehicle in public place or on local government property (1) A person must not leave a vehicle, or any part of a vehicle, in a public place or on local government property so that it obstructs the use of any part of that public place or local government property, unless that person has first obtained a permit or is authorised to do so under a written law. (2) A person contravenes subclause (1) where the vehicle is left for a period exceeding 24 hours. 7.3 Name of owner of shopping trolley A retailer must clearly mark its name or trading name on any shopping trolley made available for the use of customers. 7.4 Shopping trolleys in public places A person must not leave a shopping trolley in a public place, other than in an area set aside for the storage of shopping trolleys. 7.5 Shopping trolley to be removed by owner Where a shopping trolley is found abandoned in a public place and the owner has been advised verbally or in writing of its location by the local government, the owner must remove the shopping trolley from the public place within 24 hours of being advised. 7.6 Impounding of shopping trolley (1) Where an Authorised Person or a member of the Western Australia Police finds a shopping trolley abandoned in a public place, the Authorised Person or a member of the Police Service may impound the shopping trolley and place it in an appointed place. (2) Where a shopping trolley has been impounded and placed in an appointed place, the apparent owner must be advised verbally or in writing of its location by the local government and, the owner must recover the impounded shopping trolley from the appointed place as set out in the Act. PART 8—SECURE SUM 8.1 Security for restoration and reinstatement (1) The local government may require an applicant to pay a bond or secure sum to a value determined by the local government as a condition of an approval or permit, before the issue of an approval or permit; or where a land owner proposes to develop, amalgamate or sub-divide land for the purpose of ensuring that— (a) a hired local government building or local government property, including fixtures and fittings can be cleaned, replaced or repaired; (b) a footpath or local government property damaged, removed or destroyed during the construction of any building on an adjacent lot, can be repaired or reinstated; (c) a footpath or local government property damaged, removed or destroyed during the amalgamation or sub-division of adjacent land, can be repaired or reinstated; or (d) conditions of an approval or permit insofar as they relate to local government or public property, are complied with. (2) A bond or secure sum required under subclause (1) is to be paid into an account established by the local government for the purposes of this clause. 8.2 Use by local government of secure sum (1) If an applicant, permit or approval holder or adjacent owner or occupier fails to carry out or complete the reinstatement works required by the permit or approval conditions, or by a notice served by the local government, either— (a) within the time specified in those conditions; or (b) where no such time has been specified, a reasonable time from the expiration of the permit or approval; or (c) within 14 days or such time as specified in the notice given by the local government, then, the local government may carry out or cause to be carried out, the required restoration and reinstatement works or as much work as remains undone. (2) The permit or approval holder, owner or occupier must pay to the local government on demand all administrative, legal, contractor and other costs including, but not limited to loss of income, estimated or incurred by the local government to restore and reinstate the site or which the local government may be required to pay under this clause. (3) The local government may apply the proceeds of any bond or secure sum obtained under clause 8.1 to meet any costs incurred under this clause.