Part 11NOTICES

PART 11—NOTICES Division 1—Notices 11.1 Notice to redirect or repair sprinkler Where a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a manner which causes or may cause an inconvenience or obstruction to any person using a thoroughfare, the local government may give a notice to the owner or the occupier of the land abutting on the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of the sprinkler or other watering equipment. 11.2 Plants encroaching over a footpath, thoroughfare or local government property (1) Where a tree, plant, shrub or other vegetation on private property overhangs or grows over or onto a footpath, thoroughfare or local government property in such a manner so as to cause a nuisance, hazard, obstruction or impede the movement of a person or vehicle, the local government may give a notice to the owner or the occupier of the land which contains the tree, plant, shrub or other vegetation, to remove, cut, move or otherwise deal with that tree, plant, shrub or other vegetation, so as to abate the nuisance, hazard or obstruction. (2) Subclause (1) does not apply where the plant was planted by the local government. 11.3 Notice to repair damage to thoroughfare Where any portion of a thoroughfare, verge or footpath has been damaged, or is in the opinion of an Authorised Person, dangerous to the public, the local government may by notice to the person who caused the damage or dangerous condition, order the person to repair or replace that portion of the thoroughfare, verge or footpath to the satisfaction of the local government. 11.4 Notice to remove thing unlawfully placed on thoroughfare Where any thing is placed on a thoroughfare in contravention of this local law, the local government may by notice in writing to the owner or the occupier of the property which abuts on that portion of the thoroughfare where the thing has been placed, or such other person who may be responsible for the thing being so placed, require the relevant person to remove the thing. 11.5 Failing to comply with a notice A person who fails to comply with a notice issued pursuant to clauses 11.1, 11.2(1), 11.3 or 11.4, commits an offence. Division 2—Right of Appeal and Review 11.6 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 33 of the Regulations apply to that decision.

12 January 2018 GOVERNMENT GAZETTE, WA 173 PART 12—MISCELLANEOUS 12.1 Persons may be directed to leave local government property or building An Authorised Person may direct a person to leave local government property or a local government building where the Authorised Person reasonably suspects that the person has contravened a provision of any written law. 12.2 Disposal of lost property (1) 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. (2) Neither the local government nor any local government employee or any Authorised Person may in any way be responsible for any articles or money lost, stolen, damaged, destroyed whilst on or in any local government property or building. 12.3 Impounding of goods and recovery of expenses The local government may— (a) impound goods in accordance with regulation 29 of the Local Government (Functions and General) Regulations 1996, and (b) withhold impounded or confiscated goods until costs are paid, dispose of impounded, confiscated or uncollected goods and recover impounding fees, in accordance with sections 3.46, 3.47 and 3.48 of the Act. 12.4 Liability for damage to local government property or building (1) Where a person unlawfully causes physical damage or detrimentally affects the appearance or nature of any 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) 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; or (b) the damage occurred under a permit or approval, the person is the permit or approval holder in relation to that permit. (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. 12.5 Public liability insurance and indemnity (1) Where, as a condition of a permit or approval, the permit or approval holder or the property owner is required to provide a public liability insurance policy, indemnifying the local government against all actions, suits, claims, damages, losses and expenses made against or incurred by the local government arising from any activity, action or thing performed or erected in accordance with the permit and keep that insurance policy current for the duration of the permit or at all times, the permit or approval holder or the property owner must— (a) enter into an agreement with the local government to provide and maintain the required public liability insurance protection; (b) take out a public liability insurance policy in the name of the permit or approval holder for a minimum value of 10 million dollars or such other amount as the local government considers appropriate to the risk and liability involved; (c) include a clause in the policy which prevents the policy from being cancelled without the written consent of the local government; (d) include a clause in the policy which requires the insurance company to advise the local government if the policy lapses, is cancelled or is no longer in operation; and (e) on the request of an Authorised Person, provide for inspection, a certificate of currency for the required insurance policy. (2) A permit or approval holder or a property owner who refuses to or cannot provide a current certificate of insurance 14 days prior to the commencement of any activity, action or thing performed or erected in accordance with the permit, as required in accordance with subclause (1), commits an offence.