SHIRE OF CARNARVON
———————————
PUBLIC PLACES AND LOCAL
GOVERNMENT PROPERTY
LOCAL LAW 2021
15 December 2021 GOVERNMENT GAZETTE, WA 5505
LOCAL GOVERNMENT ACT 1995
SHIRE OF CARNARVON
PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL
LAW 2021
Under the powers conferred on it by the Local Government Act 1995 and under all other enabling
powers, the Council of the Shire of Carnarvon resolved on 23 November 2021 to make this local law.
PART 1—PRELIMINARY
1.1 Title
This is the Shire of Carnarvon Public Places and Local Government Property 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 Application
This local law applies throughout the district.
1.4 Repeal and transitional provisions
(1) The following local laws are repealed—
(a) The Shire of Carnarvon Local laws Relating to Local Government Act Local Laws 1998
published in the Government Gazette on 26 February 1998; and
(b) The Municipality of the Shire of Carnarvon Carnarvon Airport By-laws published in the
Government Gazette on 22 January 1993.
(2) An application for, or an application for the renewal of, a licence, permit or other authorisation made
under a repealed local law that has not been finally determined before the commencement day is to be
dealt with and determined as if it were an application under this local law.
(3) A licence, permit or other authorisation under a repealed local law that is in force before the
commencement day is to be regarded on and after that day as a permit under this local law and may be
dealt with accordingly.
1.5 Definitions
In this local law—
Act means the Local Government Act 1995;
applicant means a person who applies for a permit;
application means an application for a permit;
application fee means the fee payable on the lodgement of an application for a permit and which
relates to the lodgement, assessment and determination of the application but does not include
the permit fee;
authorised person means a person appointed by the CEO under section 9.10 of the Act to perform
any of the functions of an authorised person under this local law;
boat means any ship, vessel or structure capable of being used in navigation by water, however
propelled or moved, and includes a jet ski;
building means any building which is local government property and includes any—
(a) hall or room;
(b) corridor, stairway or annexe of any hall or room; and
(c) jetty;
bulk rubbish container means a bin or container designed or used for holding a substantial
quantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does
not include a bin or container used in connection with the local government’s regular domestic
rubbish collection service;
carriageway has the meaning given to it by the Road Traffic Code 2000;
CEO means the chief executive officer of the local government;
commencement day means the day on which this local law comes into operation;
Council means the council of the local government;
Section 1 - Public Places and Local Government Property Local Law 2021 - Public Places and Local Government Property Local Law 2021 | Zoe
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crossing means a crossing giving access from a public thoroughfare to—
(a) private land; or
(b) a private thoroughfare serving private land;
determination means a determination made under clause 2.1;
district means the district of the local government and any area outside the district of the local
government in respect of which the Governor’s approval under section 3.6(1) of the Act has been
obtained;
entertainment means the action of providing or being provided with amusement or enjoyment, an
event, performance, or activity designed to entertain others.
function means an event or activity characterised by all or any of the following—
(a) formal organisation and preparation;
(b) its occurrence is generally advertised or notified in writing to particular persons;
(c) organisation by or on behalf of a club;
(d) payment of a fee to attend it; and
(e) systematic recurrence in relation to the day, time and place;
garden means any part of a street planted, developed or treated, otherwise than as a lawn, with
one or more plants;
hire includes offer to hire and expose for hire;
intersection has the meaning given to it in the Road Traffic Code 2000;
kerb includes the edge of a carriageway;
lawn means any part of a street which is planted only with grass, or with a similar plant, but will
include any other plant provided that it has been planted by the local government;
liquor has the meaning given to it in section 3 of the Liquor Control Act ;
Liquor Control Act means the Liquor Control Act 1988 and all regulations made under that Act;
local government means the Shire of Carnarvon;
local government property means anything—
(a) which belongs to or leased by 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;
except a street.
local public notice has the meaning given to it by the Act;
lot has the meaning given to it in the Planning and Development Act 2005;
market means a collection of stalls, stands or displays erected for the purpose of selling or hiring
goods or services or carrying out any other transaction;
nuisance means any activity, thing, condition, circumstance or state of affairs caused or
contributed to by a person which—
(a) is injurious or dangerous to the health or safety of another person of normal susceptibility;
or
(b) which has a disturbing effect on the state of reasonable physical, mental or social well being
of another person;
owner or occupier, in relation to land, does not include the local government;
permit means a permit under this local law;
permit fee means the fee payable on the issue of a permit;
permit document means a permit document issued under this local law;
permit holder means a person who holds a permit;
permissible verge treatment means any one of the treatments described in clause 8.4(2), and
includes any associated reticulation pipes and sprinklers;
person does not include the local government;
private property means any land that—
(a) has a separate certificate of title; and
(b) is in private ownership or is the subject of a lease or agreement with a person enabling its
use for private purposes,
and includes any building or structure on the land;
prohibited drug has the meaning given to it by the Misuse of Drugs Act 1981;
public place means—
(a) a street;
(b) any local government property; or
(c) a place to which the public have access;
Regulations means the Local Government (Functions and General) Regulations 1996;
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repealed local law means a local law repealed under clause 1.4;
retailer means a the owner or occupier of a shop in respect of which shopping trolleys are provided
for the use of customers of the shop;
Schedule means a schedule to this local law;
sell includes—
(a) offer or attempt to sell;
(b) display for sale;
(c) send, forward or deliver for sale or on sale;
(d) barter or exchange;
(e) dispose, by lot or chance or by auction;
(f) supply, or offer, agree or attempt to supply—
(i) in circumstances which the supplier derives or would be likely to derive a direct or
indirect pecuniary benefit; or
(ii) gratuitously, but with a view to gaining or maintaining custom or other commercial
advantage; or
(g) authorise, direct, cause or permit to be done any act referred to in this definition;
shopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person
to transport goods;
sign includes a notice, flag, mark, structure or device approved by the local government on which
may be shown words, numbers, expressions or symbols;
stall means a movable or temporarily fixed structure, stand or table in, on or from which goods or
services are sold and includes a vehicle;
street means any highway, thoroughfare or land used for vehicular or pedestrian traffic, and
includes all the land lying between property lines, including the verge and footpath;
street tree means any tree planted or self sown in the street, of an appropriate species and in an
appropriate location, for the purposes of contributing to the streetscape;
thoroughfare has the meaning given to it by the Act;
trading means selling or hiring goods or services and includes the setting up of a stall and
conducting business at a stall;
vehicle includes—
(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks
or otherwise; and
(b) an animal being ridden or driven,
but excludes—
(c) a wheel-chair or any device designed for use, by a physically impaired person on a footpath;
and
(d) a pram, stroller or similar device, or a shopping trolley;
verge means that part of a street between the carriageway and the land which abuts the street,
but does not include any footpath; and
waste includes matter—
(a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is
discharged into the environment; or
(b) prescribed by regulations under the Waste Avoidance and Resource Recovery Act 2007 to
be waste.
1.6 Interpretation
In this local law, a reference to local government property includes a reference to any part of local
government property.
1.7 Overriding power to hire and agree
Despite anything to the contrary in this local law, the CEO or an authorised person, on behalf of the
local government, may—
(a) hire local government property to any person; or
(b) enter into an agreement with any person regarding the use of any local government property.
PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY
2.1 Determinations as to use of local government property
(1) The local government may make a determination in accordance with clause 2.2—
(a) setting aside specified local government property for the pursuit of all or any of the activities
referred to in clause 2.7;
(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on
specified local government property;
(c) as to the matters in clauses 2.7(2) and 2.8(2); and
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(d) as to any matter ancillary or necessary to give effect to a determination.
(2) The determinations in Schedule 1—
(a) are to be taken to have been made in accordance with clause 2.2;
(b) may be amended or revoked in accordance with clause 2.6; and
(c) have effect on the commencement day.
2.2 Procedure for making a determination
(1) The CEO or an authorised person is to give local public notice of the local government’s intention to
make a determination.
(2) The local public notice referred to in subclause (1) is to state that—
(a) the local government intends to make a determination, the purpose and effect of which is
summarised in the notice;
(b) a copy of the proposed determination may be inspected and obtained from the offices of the local
government; and
(c) submissions in writing about the proposed determination may be lodged with the local
government within 21 days after the date of publication.
(3) If no submissions are received in accordance with subclause (2)(c), the Council may decide—
(a) to give local public notice that the proposed determination has effect as a determination on and
from the date of publication;
(b) to amend the proposed determination, in which case subclause (5) is to apply; or
(c) not to continue with the proposed determination.
(4) If submissions are received in accordance with subclause (2)(c), the Council—
(a) is to consider those submissions; and
(b) may decide—
(i) whether or not to amend the proposed determination; or;
(ii) whether or not to continue with the proposed determination.
(5) If the Council decides to amend the proposed determination, it is to give local public notice—
(a) of the effect of the amendments; and
(b) that the proposed determination has effect as a determination on and from the date of
publication.
(6) If the Council decides not to amend the proposed determination, it is to give local public notice that
the proposed determination has effect as a determination on and from the date of publication.
(7) A proposed determination is to have effect as a determination on and from the date of publication of
the local public notice referred to in subclauses (3), (5) and (6).
(8) A decision under subclause (3) or (4) is not to be delegated by the Council.
2.3 Discretion to erect sign
The local government may erect a sign on local government property to give notice of the effect of a
determination which applies to that property.
2.4 Determination to be complied with
A person must comply with a determination.
2.5 Register of determinations
(1) The local government is to keep a register of determinations made under clause 2.1, and of any
amendments to or revocations of determinations made under clause 2.6.
(2) Sections 5.94 and 5.95 of the Act apply to the register referred to in subclause (1) and for that
purpose the register is to be taken to be information within section 5.94(u)(i) of the Act.
2.6 Amendment or revocation of a determination
(1) The local government may amend or revoke a determination.
(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment
were a proposed determination.
(3) If the local government revokes a determination it is to give local public notice of the revocation and
the determination is to cease to have effect on the date of publication.
2.7 Activities which may be pursued on specified local government property
(1) A determination may provide that specified local government property is set aside as an area on
which a person may—
(a) take, ride or drive a vehicle, or a particular class of vehicle;
(b) fly or use a motorised model aeroplane;
(c) use a children’s playground provided that the person is under an age specified in the
determination, but the determination is not to apply to a person having the charge of a person
under the specified age;
(d) launch, beach or leave a boat;
(e) take or use a boat, or a particular class of boat;
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(f) play or practise—
(i) golf or archery;
(ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms
Act 1973; or
(iii) a similar activity, specified in the determination, involving the use of a projectile which,
in the opinion of the local government may cause injury or damage to a person or
property; or
(g) ride a bicycle, a skateboard, roller skates, rollerblades, a sandboard or a similar device.
(2) A determination may specify the extent to which and the manner in which an activity referred to in
subclause (1) may be pursued and in particular—
(a) the days and times during which the activity may be pursued;
(b) that an activity may be pursued on a class of local government property, specified local
government property or all local government property;
(c) that an activity is to be taken to be prohibited on all local government property other than that
specified in the determination;
(d) may limit the activity to a class of vehicles, equipment or things, or may extend it to all vehicles,
equipment or things;
(e) may specify that the activity can be pursued by a class of persons or all persons; and
(f) may distinguish between different classes of the activity.
2.8 Activities which may be prohibited on specified local government property
(1) A determination may provide that a person is prohibited from pursuing all or any of the following
activities on specified local government property—
(a) riding a bicycle, a skateboard, roller skates, rollerblades, a sandboard or a similar device;
(b) taking, riding or driving a vehicle or a particular class of vehicle;
(c) riding or driving above a specified speed a vehicle or a particular class of vehicle;
(d) taking or using a boat, or a particular class of boat;
(e) the playing or practice of—
(i) golf, archery, pistol shooting or rifle shooting; or
(ii) a similar activity, specified in the determination, involving the use of a projectile which,
in the opinion of the local government may cause injury or damage to a person or
property;
(f) the playing or practice of any ball game which may cause detriment to the property or any
fauna on the property; and
(g) the traversing of land which in the opinion of the local government has environmental value
warranting such protection, either absolutely or except by paths provided for that purpose.
(2) A determination may specify the extent to which and the manner in which a person is prohibited
from pursuing an activity referred to in subclause (1) and, in particular—
(a) the days and times during which the activity is prohibited;
(b) that an activity is prohibited on a class of local government property, specified local government
property or all local government property;
(c) that an activity is prohibited in respect of a class of vehicles, equipment or things, or all
vehicles, equipment or things;
(d) that an activity is prohibited in respect of a class of persons or all persons; and
(e) may distinguish between different classes of the activity.
2.9 Sign under repealed local law taken to be determination
(1) Where an approved sign erected on local government property has been erected under a repealed
local law, then it is to be taken to be and have effect as a determination on and from the commencement
day, except to the extent that the sign is inconsistent with any provision of this local law or any
determination made under clause 2.1.
(2) Clause 2.5 does not apply to a sign referred to in subclause (1).
PART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A PERMIT
3.1 Activities requiring a permit
(1) A person must not without a permit—
(a) subject to subclause (3) hire local government property;
(b) advertise anything by any means on local government property;
(c) erect, on local government property a structure for public amusement or for any performance,
whether for gain or otherwise;
(d) teach, coach or train, for profit, a person or animal on local government property;
(e) plant any plant or sow any seeds on local government property;
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(f) carry on any trading on local government property or public place unless the trading is
conducted—
(i) with the consent of a person who holds a permit to conduct a function, and where the
trading is carried on under and in accordance with the permit; or
(ii) by a person who has a permit or permit to carry on trading on local government property
under any written law;
(g) conduct or set up a market on local government property or public place;
(h) unless an employee of the local government in the course of her or his duties or on an area set
aside for that purpose—
(i) drive or ride or take any vehicle on to local government property; or
(ii) park or stop any vehicle on local government property;
(i) conduct a function on local government property ;
(j) charge any person for entry to local government property, unless the charge is for entry to land
or a building hired by a voluntary non-profit organisation;
(k) light a fire on local government property except in a facility provided for that purpose;
(l) parachute, hang glide, abseil or base jump from or on to local government property;
(m) erect a building or a refuelling site on local government property;
(n) make any excavation on or erect or remove any fence on local government property;
(o) erect or install any structure above or below ground of local government property, for the
purpose of supplying any water, power, sewer, communication, television or similar service to
a person;
(p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly on local
government property;
(q) erect, install, operate or use any broadcasting, public address system, loudspeaker or other
device for the amplification of sound on local government property;
(r) conduct an entertainment event on local government property;
(s) fly or land a drone, balloon, unmanned aircraft or similar device from or on local government
property; or
(t) film or make a recording as part of or for commercial gain on local government property.
(2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the
application of that person.
(3) The CEO or an authorised person may exempt specified local government property or a class of local
government property from the application of subclause (1)(a).
3.2 Erecting structures or camping
(1) In this clause—
camp unless the context requires otherwise has the same meaning as given to it in section 5 of the
Caravan Parks and Camping Grounds Act 1995;
caravan has the same meaning as given to it in section 5 of the Caravan Parks and Camping
Grounds Act 1995;
facility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping
Grounds Act 1995.
park home has the same meaning as given to it in section 5 of the Caravan Parks and Camping
Grounds Act 1995; and
structure includes a caravan, park home, or camp.
(2) This clause does not apply to a facility operated by the local government.
(3) A person must not without a permit—
(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local
government property;
(b) erect, on local government property, any tent, camp, hut or similar structure; or
(c) erect, on local government property that is not enclosed, an umbrella or temporary shade
structure unless—
(i) it is erected for protection from the sun or other elements;
(ii) it has an area of no more than 18 square metres;
(iii) it has a height of no less than 2.5 metres;
(iv) it is removed by that person—
(I) immediately on leaving that local government property; and
(II) during daylight on the same day on which it was erected; and
(v) it is for a private use.
(4) The maximum period for which the CEO or an authorised person may approve an application for a
permit in respect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the
Caravan Parks and Camping Grounds Regulations 1997.
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3.3 Licence required for possession and consumption of liquor
(1) A person, on local government property, must not consume any liquor or have in her or his possession
or under her or his control any liquor, unless—
(a) that is permitted under the Liquor Control Act; and
(b) a licence has been obtained for that purpose.
(2) Subclause (1) does not apply where the liquor is in a sealed container.
PART 4—ADVERTISING SIGNS ON THOROUGHFARES
4.1 Interpretation
In this Part, unless the context otherwise requires—
advertising sign means a sign used for the purpose of advertisement;
direction sign means a sign which indicates the direction of another place, activity or event, but
does not include any such sign erected or affixed by the local government or the Commissioner
of Main Roads;
portable direction sign means a portable free standing direction sign; and portable sign means
a portable free standing advertising sign.
4.2 Advertising signs and portable direction signs
(1) A person shall not, without a permit—
(a) erect or place an advertising sign on a thoroughfare; or
(b) post any bill or paint, place or affix any advertisement on a thoroughfare.
(2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign which
neither exceeds 500 millimetres in height nor 0.5 square metres in area, provided that the sign is placed
or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a place,
activity or event during the hours of that activity or event.
(3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign—
(a) on a footpath;
(b) over any footpath where the resulting vertical clearance between the sign and the footpath is
less than 2.5 metres;
(c) on or within 3 metres of a carriageway;
(d) in any other location where, in the opinion of the local government, the sign is likely to obstruct
lines of sight along a thoroughfare or cause danger to any person using the thoroughfare; or
(e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the
structural approaches to a bridge.
4.3 Matters to be considered in determining application for permit
In determining an application for a permit for the purpose of clause 4.2(1), the local government is to
have regard to—
(a) any other written law regulating the erection or placement of signs within the district;
(b) the dimensions of the sign;
(c) other advertising signs already approved or erected in the vicinity of the proposed location of
the sign;
(d) whether or not the sign will create a hazard to persons using a thoroughfare; and
(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant.
4.4 Conditions on portable sign
(1) If the local government approves an application for a permit for a portable sign, the application is
to be taken to be approved subject to the following conditions—
(a) the portable sign shall—
(i) not exceed 1 metre in height;
(ii) not exceed an area of 1 square metre on any side;
(iii) relate only to the business activity described on the permit;
(iv) contain letters not less than 200 millimetres in height;
(v) not be erected in any position other than immediately adjacent to the building or the
business to which the sign relates;
(vi) be removed each day at the close of the business to which it relates and not be erected
again until the business next opens for trading;
(vii) be secured in position in accordance with any requirements of the local government;
(viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access
to a place by any person; and
(ix) be maintained in good condition.
(2) No more than one portable sign shall be erected in relation to the one building or business.
(3) A person must not place or erect a sign in contravention of a condition of a permit issued under this
clause.
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PART 5—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY
Division 1—Prohibited behaviour
5.1 Behaviour which interferes with others
A person must not, in or on any local government property, behave in a manner which—
(a) is likely to interfere with the enjoyment of a person who might use the property or who might
otherwise lawfully be on the property; or
(b) interferes with the enjoyment of a person using, or otherwise lawfully on, the property.
5.2 Behaviour detrimental to property
(1) A person must not behave in or on local government property in a way which is or might be
detrimental to the property.
(2) In subclause (1)—
detrimental to the property includes—
(a) removing any thing from the local government property including a rock, a plant or a seat
provided for the use of any person; and
(b) destroying, defacing or damaging any thing on the local government property, including a
plant, a seat provided for the use of any person or a building.
5.3 Taking or injuring fauna
(1) A person must 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.
(2) In this clause and in clause 5.5—
animal means any living thing that is not a human being, fly 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 unless it has been shed or discarded by the animal in a normal
or natural manner.
5.4 Flora
(1) Unless authorised to do so under a written law or with the written approval of the CEO or an
authorised person, a person must not—
(a) remove, damage or interfere with any flora that is on or above any local government property;
or
(b) cultivate, plant or deposit any flora on local government property.
(2) In this clause—
flora means all vascular plants, seeds and other flora, whether living or dead.
5.5 Animals
(1) A person must not—
(a) tether any animal to a tree, shrub, tree guard, wall or fence; or
(b) permit any animal to enter upon or into any local government property,
unless authorised by a permit or under this local law.
(2) A person may exercise a horse in the area described in Schedule 2.
(3) In this clause, ‘animal’ does not include a dog.
5.6 Intoxicated persons not to be on local government property
A person must not enter or remain on local government property while under the influence of liquor or
a prohibited drug.
5.7 Only specified gender to use entry of toilet block or change room
(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or
change room is to be used by—
(a) females—then a person of the male gender must not use that entry of the toilet block or change
room;
(b) males—then a person of the female gender must not use that entry of the toilet block or change
room; or
(c) families—then, where the toilet block or change room is being used by a family, only an
immediate member of that family may use that entry of the toilet block or change room.
(2) Paragraphs (a) and (b) of subclause (1) do not apply to a child, when accompanied by a parent,
guardian or caregiver, where the child is—
(a) under the age of 8 years; or
(b) otherwise permitted by an authorised person to use the relevant entry.
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Division 2—Signs and powers to give directions
5.8 Signs
(1) The CEO or an authorised person may erect a sign on local government property—
(a) specifying any conditions of use which apply to that property; and
(b) for any other purpose relevant to this local law, including giving notice of a breach of clause 5.4
and substituting a sign for flora that has been removed, damaged or interfered with contrary
to clause 5.4.
(2) A person must 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.
5.9 Authorised person to be obeyed
A person on local government property must obey any lawful direction of the CEO or an authorised
person and must not in any way obstruct or hinder the CEO or an authorised person in the execution
of her or his duties.
5.10 Refusal of entry and removal
(1) If the CEO or an authorised person reasonably suspects that a person is breaching, or has just
breached, a provision of this local law or any other written law, the CEO or authorised person may—
(a) refuse to allow that person to enter local government property;
(b) if the person is on local government property, direct the person to leave the local government
property; and
(c) specify a period of up to 30 calendar days within which the person is not to re-enter the local
government property.
(2) A person who has been refused entry or who has been directed to leave under subclause (1) must
immediately leave the local government property quickly and peaceably.
(3) If a person fails to comply with subclause (2), the CEO or an authorised person may remove the
person, or arrange for the person to be removed, from the local government property.
(4) The CEO or an authorised person may reduce the period specified in subclause (1)(c) on application
of the person who has been directed not to re-enter local government property.
5.11 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 CEO or an authorised person—
(a) if the value of the property is reasonably believed to exceed the amount prescribed by regulation
30(3) of the Local Government (Functions and General) Regulations 1996, using the process
under section 3.58 of the Act for the sale of the article as if it was property referred to in that
section;
(b) if the article is reasonably believed to be of a negligible or little value or likely to be of no
interest to a not for profit body, in any manner he or she thinks fit; or
(c) in any other case, by donation to a not for profit body incorporated under the Associations
Incorporations Act 2015.
PART 6—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY
Division 1—Functions and closed property
6.1 No unauthorised entry to function
(1) A person must not enter local government property on such days or during such times as the
property is set aside for a function for which a charge for admission is authorised, except—
(a) through the proper entrance for that purpose; and
(b) on payment of the fee chargeable for admission at the time.
(2) The CEO or an authorised person may exempt a person from compliance with subclause (1)(b).
6.2 No entry to fenced or closed local government property
A person must not enter local government property which has been fenced off or closed to the public by
a sign or otherwise, unless that person is authorised to do so by the CEO or an authorised person.
Division 2—Golf courses
6.3 Interpretation
In this Division—
controller means an authorised person who has been appointed to control and manage a golf
course;
golf course means that portion of a local government property which is laid out as a golf course
and includes—
5514 GOVERNMENT GAZETTE, WA 15 December 2021
(a) all tees, fairways, greens, practice tees, practice fairways, practice greens and any driving
range; and
(b) all buildings, structures, fittings, fixtures and equipment on that property.
6.4 Observance of special conditions of play
While on a golf course, a player must—
(a) observe and comply with a direction of the controller in respect of any special conditions of play;
(b) observe and comply with a requirement of any notice erected to direct or control play; and
(c) not be accompanied by a non playing person without the permission of the controller or an
authorised person.
6.5 Children under the age of 10 years
A person under the age of 10 years must not enter, play or practise on a golf course unless accompanied
by a person of 18 years or older.
Division 3—Beaches
6.6 Powers of authorised persons or surf life saving club members
(1) An authorised person employed by the local government may perform all or any of the following
functions in relation to a beach—
(a) patrol any beach;
(b) carry out any activity on any beach;
(c) erect signs designating bathing areas and signs regulating, prohibiting or restricting specified
activities on the whole or any part of a beach or in or on the water adjacent to the beach and to
direct persons on the beach or in or on the water to comply with such signs;
(d) temporarily enclose any area with rope, hessian, wire or any other means for the conduct of
surf life saving club activities; and
(e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a shark
is suspected of being in the vicinity of a beach.
(2) Subject to subclause (3), the local government may authorise, under section 9.10 of the Act, one or
more members of a surf life saving club to perform all or any of the functions listed in subclause (1).
(3) Members authorised by the local government under subclause (2) must have been recommended by
the surf life saving club as competent to perform the functions referred to in that subclause in respect
of which they are authorised.
(4) Under subclause (2), the local government may authorise members generally, or in relation to
particular times, days or months.
6.7 Authority of local government employee to prevail
If the local government has authorised a person under clause 6.6(1) and a member of a surf life saving
club under clause 6.6(2) in relation to the same beach, where they could perform a function referred to
in clause 6.6(1) contemporaneously, the authority of an authorised person employed by the local
government under clause 6.6(1) is to prevail.
6.8 Persons to comply with signs and directions
A person must—
(a) not act in contravention of a sign erected on a beach under clause 6.6(1)(c);
(b) not enter an area which has been temporarily closed with rope, hessian, wire or any other
means for the conduct of surf life saving club activities, unless he or she is a member of the club
or has obtained permission to enter from the club;
(c) comply with any direction given under clause 6.6(1)(c) or 6.6(1)(e); and
(d) not interfere with, obscure, obstruct, or hang any item of clothing or towel on a flag, sign, notice
or item of life saving equipment.
Division 4—Airports
6.9 Application
This Part applies to each airport which is local government property within the district.
6.10 Use by aircraft
(1) The owner of every aircraft, upon payment of the set fee and compliance with this local law and
other written law, shall be entitled to use the airport for the landing, servicing and departure of their
aircraft and the embarkment and disembarkment of passengers and freight.
(2) The local government may close the airport to aircraft movements if it considers the surface of the
airport to be unsafe.
6.11 Right of entry to airport
(1) Except as provided, a person other than—
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(a) a person lawfully employed upon duties in or about the supervision and control of the airport,
or acting under a permit or other agreement of or with the local government, in or about the
arrival, departure and servicing of or other attention to aircraft lawfully using the airport; or
(b) a passenger or intending passenger of an aircraft lawfully using the airport; or
(c) a person greeting or seeing off a passenger or intending passenger of an aircraft lawfully using
the airport;
shall not enter or remain upon the airport or any part thereof without the approval of the local
government.
(2) The local government may from time to time designate or set apart any specified part or parts of the
Airport:-
(a) to which only persons from time to time designated by the local government shall be admitted;
(b) to which persons other than those mentioned in subclause (1) shall not be admitted;
(c) to which the general public, or any limited classes of the general public, may be admitted, either
at all times or at specified times, or for limited periods and generally upon such terms and
conditions as the local government may resolve;
(d) to which no vehicle may be admitted or to which a limited class of vehicles may be admitted or
to which vehicles may be admitted only on such terms and conditions as the local government
may resolve;
(e) to which no aircraft may be admitted or to which a limited class of aircraft may be admitted or
to which aircraft may be admitted only on such terms and conditions as the local government
resolves.
(3) Signs, markings or notices may be placed by the local government at the airport indicating the limits
of any part of the airport set apart for any special or limited use under subclause (2).
(4) Notwithstanding the provisions of this clause the local government may on special occasions, for
instance, an aerial pageant or other event of public interest, make such arrangements for the control of
the airport as it may by resolution impose.
6.12 Access of animals restricted
(1) A person shall not bring an animal on to an airport unless—
(a) the person is a person referred to in section 8 of the Dog Act 1976 acting in accordance with
that provision;
(b) the animal is being air freighted from the airport;
(c) the animal has been air freighted to the airport; or
(d) the person is authorized to do so by the local government.
(2) A person in charge of an animal shall keep the animal under control and shall not allow it to wander
at large on the airport.
(3) If an animal is at any time on an airport in contravention of subclause (2), in addition to the person
specified in that subclause, the owner of the animal at that time commits an offence against subclause
(2).
(4) This clause is subject to any written law and law of the Commonwealth about assistance animals as
defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2).
Division 5—Jetties
6.13 Interpretation
(1) This Division only applies to jetties which are local government property.
(2) In this Division—
jetty means any jetty, pier, wharf or landing place which is local government property; and
bulk cargo means bulk produce, such as grain, coal, oil or mineral ore, which is not packaged.
6.14 Application for consent and application fee
(1) Where a person is required to obtain the consent of the local government under this Part, the person
is to apply for that consent in the manner required by the local government.
(2) The local government may require an application for consent made under subclause (1) to be
accompanied by a fee.
(3) If an application for consent is not made in the manner required by the local government or the fee
which is to accompany that application is not paid, the local government may refuse to consider the
application for consent.
(4) The local government shall give its decision on an application for consent, in writing to the person
who applied for that consent.
(5) Where a fee is referred to in this Part, the fee must be imposed and determined by the local
government under and in accordance with sections 6.16 to 6.19 of the Act inclusive.
6.15 When use of jetty is prohibited
A person shall not land at, use or go on any part of a jetty which is—
(a) under construction or repair; or
(b) closed,
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unless that person has first obtained the consent of the local government.
6.16 Method of berthing boat
A person in control of a boat shall not berth or make fast the boat to a jetty, or to any part of the jetty,
except to such berthing piles, ring bolts or other fastenings as are provided.
6.17 When boat may remain berthed
A person in control of a boat shall not berth or make fast the boat to a jetty unless—
(a) the boat is in distress and then only to effect the minimum repairs necessary to enable the boat
to be moved elsewhere;
(b) the embarking or disembarking of passengers is in progress, and then not for a consecutive
period exceeding 2 hours without the prior consent of the local government;
(c) the loading or discharging of cargo or other goods is in progress in accordance with this
Division;
(d) where the boat is used at that time for commercial purposes, the person has first paid the fee
(if any) for such berthing or making fast to the local government; or
(e) to facilitate sea trials for newly launched vessels for a period as specified and approved by an
authorised person.
6.18 Authorised person may order removal of boat
Notwithstanding anything to the contrary in this Part, a person in control of a boat berthed or fastened
to or alongside a jetty shall remove it immediately upon being directed to do so by an authorised person.
6.19 Restrictions on launching
A person shall not launch a boat from or over any jetty (other than a boat ramp) unless she or he has
first obtained the consent of the local government.
6.20 Loading and discharging
A person in control of a boat shall not allow the boat to come alongside or be berthed or made fast to a
jetty for the purpose of loading or discharging cargo or other goods—
(a) until the cargo or other goods are ready to be loaded or discharged; or
(b) without the consent of the local government—
(i) between the hours of 6.00pm to 6.00am on the next day; or
(ii) for longer than 2 consecutive hours.
6.21 Outgoing cargo not to be stored on jetty
A person in control of cargo or other goods intended for loading on to a boat shall—
(a) not allow them to be stored or placed on a jetty unless and until the boat is berthed or fastened
to or alongside the jetty; and
(b) load them on to the boat as soon as practicable after the boat is berthed or fastened to or
alongside the jetty.
6.22 Removal of incoming cargo from jetty
Any person unloading cargo or other goods from a boat on to a jetty shall remove them, or cause them
to be removed from the jetty as soon as practicable, but not later than 6.00pm on the day on which they
were placed there.
6.23 Authorised person may direct removal
An authorised person may direct a person who, in the opinion of the authorised person, is in charge of
cargo or other goods which remain on a jetty contrary to any provision of this Division to remove them
from the jetty.
6.24 Handling of bulk cargo
Except with the prior consent of the local government, a person shall not place or deposit bulk cargo
from a vehicle, boat or container on to a jetty.
6.25 Polluting surrounding area
A person shall not tip or deposit anything on to a jetty so as to pollute the surrounding area.
6.26 Limitations on fishing
A person shall not—
(a) fish from a jetty so as to obstruct or interfere with the free movement of a boat approaching or
leaving the jetty or so as to unreasonably interfere with the use of the jetty by any other person;
or
(b) hang or spread a fishing net from, on or over any part of a jetty.
15 December 2021 GOVERNMENT GAZETTE, WA 5517
PART 7—ROADSIDE CONSERVATION
7.1 Interpretation
In this Part—
“MRWA” means Main Roads Western Australia;
“protected flora” has the meaning given to it in Part 10, Division 2 of the Biodiversity
Conservation Act 2016;
“rare flora” has the meaning given to it in Regulation 168 of the Biodiversity Conservation
Regulations 2018;
“Roadside Conservation Committee” means the Roadside Conservation Committee appointed
by the Minister for the Environment; and
“special environmental area” means an area designated as such under clause 7.7.
7.2 Application
This Part does not apply to a townsite.
7.3 Declaration of flora road
The local government may declare a thoroughfare which has, in the opinion of the local government,
high quality roadside vegetation to be a flora road.
7.4 Construction works on flora roads
Construction and maintenance work carried out by the local government on a flora road is to be in
accordance with the “Handbook of Environmental Practice for Road Construction and Road
Maintenance Works” prepared by the Roadside Conservation Committee.
7.5 Signposting of flora roads
The local government may signpost flora roads with the standard MRWA “flora road” sign.
7.6 Driving only on carriageway of flora roads
(1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the
carriageway.
(2) Subclause (1) does not apply where—
(a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the
carriageway;
(b) there is no carriageway; or
(c) an exemption from the application of subclause (1) has been obtained from the local
government.
7.7 Designation of special environmental areas
The local government may designate a thoroughfare, or any part of a thoroughfare, as a special
environmental area which—
(a) has protected flora or rare flora; or
(b) in the opinion of the local government, has environmental, aesthetic or cultural significance.
7.8 Marking of special environmental areas
The local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare,
designated as a special environmental area.
7.9 Permit to plant
A person shall not plant any plant or sow any seeds in a flora road without first obtaining a permit.
7.10 Relevant considerations in determining application
In determining an application for a permit for the purpose of clause 7.9, the local government is to have
regard to—
(a) existing vegetation within that part of the thoroughfare in which the planting is to take place;
and
(b) the diversity of species and the prevalence of the species which are to be planted or sown.
7.11 Permit to clear
A person shall not clear and maintain in a cleared state, the surface of a flora road within 1m of that
person’s land without first obtaining a permit and any other approvals which may be required under
any written law.
7.12 Application for permit
A person making an application for a permit for the purpose of clause 7.11 shall submit a sketch plan
clearly showing the boundary of the person’s land and the portions of the thoroughfare joining that
person’s land which are to be cleared.
7.13 Permit to burn flora road
A person shall not burn part of a flora road without first obtaining a permit or unless acting under the
authority of any other written law.
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7.14 Application for permit
An application for a permit for the purposes of clause 7.13 shall—
(a) include a sketch plan showing the portions of a thoroughfare which are proposed to be burned;
and
(b) advise of the estimated fire intensity and the measures to be taken to protect upper storey
vegetation from the burn.
7.15 When application for permit can be approved
The local government may approve an application for a permit for the purpose of clause 7.13 only if the
burning of the particular part of the thoroughfare will—
(a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the use
of herbicides, are considered by the local government to be not feasible or more detrimental to
native flora and fauna than burning; or
(b) in the opinion of the local government, be beneficial for the preservation and conservation of
native flora and fauna.
7.16 Prohibitions on burning
(1) Notwithstanding anything to the contrary in this local law, an application for a permit for the
purpose of clause 7.13 is not to be approved by the local government—
(a) for burning between 1 October and 1 May of the following year where the intensity of the burn
could damage native flora and fauna; or
(b) in any year to any person for any part of a thoroughfare which is on the opposite side of the
carriageway to that portion of the thoroughfare for which a permit to burn has been approved
in the same year.
(2) Nothing in this clause prevents the local government approving a permit to burn part of a
thoroughfare to remove an imminent fire risk.
7.17 Permit for firebreaks on thoroughfares
A person shall not construct a firebreak on a thoroughfare without first obtaining a permit.
7.18 When application for permit cannot be approved
(1) The local government is not to approve an application for a permit for the purpose of clause 7.17
where the thoroughfare is less than 20m wide.
(2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government, desirable
for the protection of roadside vegetation.
7.19 General prohibition on commercial wildflower harvesting
Subject to clause 7.20, a person shall not commercially harvest native flora on a thoroughfare.
7.20 Permit for revegetation projects
(1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a permit.
(2) The local government may approve an application for a permit under subclause (1) only where—
(a) the seed is required for a revegetation project in any part of the district; and
(b) the thoroughfare, or the relevant part of it, is not a special environmental area.
(3) Unless the local government specifically provides to the contrary on a permit, if the local government
approves an application for a permit for the purpose of subclause (1) it is to be taken to be approved
subject to the following conditions—
(a) the collection of the seed is to be carried out so as not to endanger the long time survival of the
native flora on the thoroughfare; and
(b) any licence or approval which may be required under any other written law is to be obtained
by the applicant.
PART 8—ACTIVITIES IN STREETS
Division 1—General
8.1 General prohibitions
A person must not—
(a) plant, or allow to remain, in a street a plant that is or may become an obstruction to a
reasonable sight line hazard for a driver of any vehicle negotiating or using the street;
(b) damage a lawn or a garden, or remove any plant or part of a plant from a lawn or a garden, in
a street unless—
(i) the person is the owner or the occupier of the lot abutting that portion of the street and
the lawn or the garden or the particular plant has not been installed or planted by the
local government ; or
(ii) the person is acting under the authority of a written law;
15 December 2021 GOVERNMENT GAZETTE, WA 5519
(c) damage, or remove a street tree, or part of a street tree, irrespective of whether it was planted
by the owner or occupier of the lot abutting the street or by the local government , unless—
(i) the damage to, or removal of, the street tree is authorised by the CEO or an authorised
person in writing; or
(ii) the person is acting under authority of written law;
(d) place, or allow to be placed or remain, on a street any thing (except water) that—
(i) obstructs the street; or
(ii) results in a hazard for any person using the street;
(e) unless at the direction of the CEO or an authorised person, damage, remove or interfere with
any part of a street, or any structure erected on a street, by the local government or a person
acting under the authority of a written law; or
(f) play or participate in any game or sport so as to cause danger to any person or thing or impede
the movement of vehicles or persons on a street.
8.2 Activities allowed with a permit
(1) A person must not, without a permit—
(a) dig or otherwise create a trench through or under a kerb or footpath;
(b) throw, place or deposit any thing on a verge or street except for removal by the local government
under a bulk rubbish collection, and then only in accordance with the terms and conditions and
during the period of time advertised in connection with that collection by the local government;
(c) cause any obstruction to a vehicle or a person using a street as a street;
(d) cause any obstruction to a water channel or a water course in a street;
(e) throw, place or drain offensive, noxious or dangerous fluid onto a street;
(f) damage a street;
(g) fell or damage any street tree;
(h) fell any tree onto a street;
(i) light any fire or burn any thing on a street other than in a stove or fireplace provided for that
purpose;
(j) unless installing, or in order to maintain, a permissible verge treatment—
(i) lay pipes under or provide taps on any verge; or
(ii) place or install, on any part of a street, any thing such as gravel, stone, flagstone, cement,
concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips, bark or
sawdust;
(k) provide, erect, install or use in or on any building, structure or land abutting on a street any
hoist or other thing for use over the street;
(l) on a street use anything or do anything so as to create a nuisance;
(m) place or cause to be placed on a street a bulk rubbish container;
(n) interfere with the soil of, or anything in, a street or take anything from a street;
(o) conduct or carry on any trading on a street or public place;
(p) conduct, carry on or set up a market or stall on a street or public place;
(q) conduct or carry on an entertainment event on a street or public place; or
(r) film or make a recording as part of or for commercial gain on a street or public place.
(2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the
application of that person.
8.3 Notice to owner or occupier
The CEO or an authorised person may give a notice in writing to the owner or the occupier of a lot
abutting on a verge to make good, within the time specified in the notice, any breach of a provision of
this Part.
Division 2—Permissible verge treatments
8.4 Permissible verge treatments
(1) An owner or occupier of land which abuts on a verge may, on that part of the verge directly in front
of her or his land, install a permissible verge treatment.
(2) A permissible verge treatment is–
(a) the planting and maintenance of a lawn;
(b) the planting and maintenance of a garden provided that—
(i) clear sight visibility is maintained at all times for a person using the abutting street in
the vicinity of an intersection or bend in the street or using a driveway on land adjacent
to the street for access to or from the street;
(ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of
2m along that part of the verge immediately adjacent to the kerb;
(iii) it does not include a wall or built structure; and
5520 GOVERNMENT GAZETTE, WA 15 December 2021
(iv) it is not of a thorny, poisonous or hazardous nature; and
(c) the installation of an acceptable material.
(3) In this clause acceptable material means any material which would create a hard surface, and
which has been approved by the local government.
(4) A person must not install or maintain a verge treatment which is not a permissible verge treatment.
(5) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each
to be taken to have installed and maintained that verge treatment for the purposes of this clause and
clause 8.5.
8.5 Obligations of owner or occupier
An owner or occupier who installs or maintains a permissible verge treatment must—
(a) keep the permissible verge treatment in a good and tidy condition and ensure, where the verge
treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining the
verge are not obstructed by the verge treatment;
(b) ensure that clear sight visibility is maintained at all times for a person using the abutting
thoroughfare in the vicinity of an intersection or bend in a thoroughfare, or using a driveway
on land adjacent to the thoroughfare for access to or from the thoroughfare;
(c) not place any obstruction on or around the verge treatment;
(d) not disturb a footpath on the verge;
(e) ensure that the verge treatment does not damage or obstruct a drain, manhole, galley,
inspection pit, channel, kerb or tree planted by the local government; and
(f) ensure that any sprinklers or pipes installed to irrigate a verge treatment—
(i) do not protrude above the level of the lawn or verge treatment when not in use;
(ii) are not used at such times so as to cause unreasonable inconvenience to pedestrians or
other persons; and
(iii) do not otherwise present a hazard to pedestrians or other persons.
8.6 Transitional provision
(1) In this clause—
former provisions means the provisions of the repealed local laws which permitted certain types
of verge treatments, whether with or without the consent of the local government.
(2) A verge treatment which—
(a) was installed prior to the commencement day; and
(b) on the commencement day is a type of verge treatment which was permitted under and
complied with the former provisions,
is to be taken to be a permissible verge treatment for so long as the verge treatment remains of the
same type and continues to comply with the former provisions.
8.7 Power to carry out public works on verge
Where the local government or an authority empowered to do so under a written law disturbs a verge,
the local government or the authority—
(a) is not liable to compensate any person for that disturbance;
(b) may backfill with sand, if necessary, any garden or lawn; and
(c) is not liable to replace or restore any—
(i) verge treatment and, in particular, any plant or any acceptable material or other hard
surface; or
(ii) sprinklers, pipes or other reticulation equipment.
Division 3—Vehicle crossings
8.8 Temporary crossings
(1) Where it is likely that works on a lot will involve vehicles leaving a street and entering the lot, the
person responsible for the works must obtain a permit for the construction of a temporary crossing to
protect the existing carriageway, kerb, drains, footpath, existing materials and street trees, where—
(a) a crossing does not exist; or
(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely
to cause damage to the crossing.
(2) The person responsible for the works in subclause (1) is to be taken to be—
(a) the builder named on the building permit issued under the Building Act 2011, if one has been
issued in relation to the works; or
(b) the owner of the lot, if no building permit has been issued under the Building Act 2011 in
relation to the works.
(3) If the permit authority for the purpose of subclause (1) is the local government, the permit is taken
to be issued on the condition that until such time as the temporary crossing is removed, the person to
whom the permit is given must keep the temporary crossing in good repair and in such a condition so
as not to create any danger or obstruction to persons using the street.
15 December 2021 GOVERNMENT GAZETTE, WA 5521
8.9 Removal of redundant crossing
(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be
removed and the kerb, drain, footpath, verge and any other part of the street affected by the removal
are to be reinstated to the satisfaction of the CEO.
(2) The CEO may give written notice to the owner or occupier of a lot requiring her or him to—
(a) remove any part of or all of a crossing which does not give access to the lot; and
(b) reinstate the kerb, drain, footpath, verge and any other part of the street, which may be affected
by the removal,
within the period of time stated in the notice, and the owner or occupier of the lot must comply with
that notice.
Division 4—Property numbers
8.10 Assignment of numbers
(1) The CEO or an authorised person may assign a number to a lot in the district and may assign
another number to the lot instead of that previously assigned.
(2) In this clause, number means a number of a lot with or without an alphabetical suffix indicating
the address of a lot by reference to a thoroughfare.
Division 5—Fencing
8.11 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act
A public place, as that term is defined in clause 1.5, is specified as a public place for the purpose of item
4(1) of Division 1 of Schedule 3.1 of the Act.
Division 6—Signs erected by the local government
8.12 Signs
(1) The local government may erect a sign in a street specifying any conditions of use which apply to
that street.
(2) A person must comply with a sign erected under subclause (1).
(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving
notice of the effect of a provision of this local law.
8.13 Transitional
Where a sign erected in a street has been erected under a repealed local law then, on and from the
commencement day, it is to be taken to be a sign erected under clause 8.12 if—
(a) the sign specifies a condition of use relating to the street which gives notice of the effect of a
provision of this local law; and
(b) the condition of use specified is not inconsistent with any provision of this local law.
Division 7—Driving on a closed street
8.14 No driving on closed street
(1) A person must not drive or take a vehicle on a closed street unless—
(a) it is in accordance with any limit or exception specified in the order made under section 3.50 of
the Act; or
(b) the person has first obtained a permit.
(2) In this clause—
closed street means a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the
Act.
Division 8—Notices
8.15 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 street, the
CEO or an authorised person may give a written notice to the owner or the occupier of the land abutting
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.
8.16 Notice to remove hazardous plants
(1) Where a plant in a garden creates or may create a hazard for any person using a street, the CEO or
an authorised person may give a written notice to the owner or the occupier of the land abutting on the
garden to remove, cut, move or otherwise deal with that plant so as to remove the hazard.
(2) Subclause (1) does not apply where the plant was planted by the local government.
5522 GOVERNMENT GAZETTE, WA 15 December 2021
8.17 Notice to remove any thing unlawfully placed on street
Where any thing is placed on a street in contravention of this local law, the CEO or an authorised
person may give a written notice—
(a) to the owner or the occupier of the property which abuts that portion of the street where the
thing has been placed; or
(b) to any other person who may be responsible for the thing being so placed,
requiring the person to remove the thing.
PART 9—ACTIVITIES IN PUBLIC PLACES
Division 1—General provisions
9.1 Leaving animal or vehicle in public place
(1) A person must not leave an animal or 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, unless that person has first obtained a permit or is
authorised to do so under a written law.
(2) A person does not contravene subclause (1) where the animal is secured or tethered for a period not
exceeding 1 hour.
(3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24
hours.
9.2 Prohibitions relating to animals
(1) In subclause (2), owner in relation to an animal includes—
(a) an owner of it;
(b) a person in possession of it;
(c) a person who has control of it; and
(d) a person who ordinarily occupies the premises where the animal is permitted to stay.
(2) An owner of an animal must not—
(a) allow the animal to enter or remain for any time on any public place except for the use of the
public place as a thoroughfare and unless it is led, ridden or driven;
(b) allow the animal, if it has a contagious or infectious disease. to be led, ridden or driven in a
public place; or
(c) train or race the animal in a public place.
(3) An owner of a horse must not lead, ride or drive the horse on a street, unless that person does so
under a permit or under the authority of a written law.
(4) This clause is subject to any written law and law of the Commonwealth about assistance animals as
defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2).
9.3 Shopping trolley to be marked
A retailer must clearly mark its name or its trading name on any shopping trolley made available for
the use of customers.
9.4 Person not to leave trolley in public place
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.
9.5 Retailer to remove abandoned trolley
(1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of
shopping trolleys, the CEO or an authorised officer may advise (verbally or in writing) a retailer whose
name is marked on the trolley of the location of the shopping trolley.
(2) A retailer must remove a shopping trolley within 24 hours of being so advised under subclause (1).
9.6 Retailer taken to own trolley
In the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer whose
name is marked on the trolley.
PART 10—PERMITS
Division 1—Applying for a permit
10.1 Application for permit
(1) Where a person is required to obtain a permit under this local law, that person must apply for the
permit in accordance with subclause (2).
(2) An application for a permit under this local law must—
(a) be in the form determined by the CEO;
(b) be signed by the applicant;
(c) provide the information required by the form; and
15 December 2021 GOVERNMENT GAZETTE, WA 5523
(d) be forwarded to the CEO together with any fee imposed by the Council under sections 6.16 to
6.19 of the Act.
(3) The CEO or an authorised person may require an applicant to provide additional information
reasonably related to the application before determining the application.
(4) The CEO or an authorised person may require an applicant to give local public notice of the
application.
(5) The CEO or an authorised person may refuse to consider an application which is not in accordance
with subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied.
10.2 Decision on application
(1) The CEO or an authorised person may—
(a) approve an application unconditionally or subject to any conditions; or
(b) refuse to approve an application.
(2) If the CEO or an authorised person approves an application, he or she is to issue to the applicant a
permit in the form determined by the CEO.
(3) If the CEO or an authorised person refuses to approve an application, he or she is to give written
notice of that refusal to the applicant.
(4) The CEO or an authorised person may, at any time, amend a condition of approval and the amended
condition takes effect when written notice of it is given to the permit holder.
10.3 General restrictions on grant of permit
(1) The CEO or an authorised person must not grant a permit if there are reasonable grounds for
believing that the carrying on of the activity to which the application relates would constitute an
unacceptable risk to the safety of the public.
(2) The CEO or an authorised person must not grant a permit unless the CEO or an authorised person
is satisfied that—
(a) the applicant is capable of carrying on the activity in accordance with this local law and the
terms and conditions of the permit;
(b) the public place at which the activity is to be carried on is suitable for that purpose;
(c) a permit or similar authority granted or issued to the applicant has not been cancelled in the
period of 5 years before the application is made; and
(d) the applicant is a fit and proper person to carry on the activity.
10.4 Amendment of permit
(1) In this clause—
amend includes—
(a) to impose any new condition; and
(b) to change or remove any existing condition.
(2) The CEO or an authorised person may, by written notice given to the permit holder, amend a permit.
(3) An amendment may be made on application made by the permit holder or on the CEO or authorised
person’s initiative.
Division 2—Conditions
10.5 Examples of conditions
(1) Examples of the conditions that the CEO or an authorised person may impose on a permit under
clause 10.2(1)(a) or 10.4(2) are conditions relating to—
(a) the payment of a fee;
(b) compliance with a standard or a policy adopted by the local government;
(c) the duration and commencement of the permit;
(d) the commencement of the permit being contingent on the happening of an event;
(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to
the application;
(f) the approval of another application for a permit which may be required by the local government
under any written law;
(g) the area of the district to which the permit applies;
(h) where a permit is issued for an activity which will or may cause damage to local government
property, the payment of a deposit or bond against such damage; and
(i) the obtaining of public risk insurance in an amount and on terms reasonably required by the
CEO or an authorised person.
(2) Examples of the type and content of the conditions on which a permit to hire local government
property may be issued include—
(a) when fees and charges are to be paid;
(b) payment of a bond against possible damage or cleaning expenses or both;
(c) restrictions on the erection of material or external decorations;
5524 GOVERNMENT GAZETTE, WA 15 December 2021
(d) rules about the use of furniture, plant and effects;
(e) limitations on the number of persons who may attend any function in or on local government
property;
(f) the duration of the hire;
(g) the right of the CEO or an authorised person to cancel a booking during the course of an annual
or seasonal booking, if the CEO or an authorised person sees fit;
(h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first obtained
for that purpose under the Liquor Control Act;
(i) whether or not the hire is for the exclusive use of the local government property;
(j) the obtaining of a policy of insurance in the names of both the local government and the hirer,
indemnifying the local government in respect of any injury to any person or any damage to any
property which may occur in connection with the hire of the local government property by the
hirer; and
(k) the provision of an indemnity from the hirer, indemnifying the local government in respect of
any injury to any person or any damage to any property which may occur in connection with
the hire of the local government property by the hirer.
10.6 Imposing conditions under a policy
(1) In this clause—
policy means a local government policy adopted by the Council under section 2.7 of the
Act containing conditions subject to which an application for a permit may be approved under
clause 10.2.
(2) Under clause 10.2(1)(a) the CEO or an authorised person may approve an application subject to
conditions by reference to a policy.
(3) The CEO or an authorised person must give to the permit holder a copy of the policy or, at the
discretion of the CEO or the authorised person, the part of the policy which is relevant to the application
for a permit, with the form of permit referred to in clause 10.2(2).
(4) An application for a permit is not to be taken to have been approved subject to the conditions
contained in a policy until the CEO or an authorised person gives the permit holder a copy of the policy
or the part of the policy which is relevant to the application.
(5) Sections 5.94 and 5.95 of the Act apply to a policy and, for that purpose, a policy is deemed to be
information within section 5.94(u)(i) of the Act.
10.7 Compliance with conditions
Where an application for a permit has been approved subject to conditions, the permit holder must
comply with each of those conditions, as amended.
Division 3—Duration of permits
10.8 Duration of permit
A permit is valid for one year from the date on which it is issued, unless it is—
(a) otherwise stated in this local law or in the permit; or
(b) suspended or cancelled under this Division.
10.9 Renewal of permit
(1) A permit holder may apply to the CEO for the renewal of a permit.
(2) An application for renewal must—
(a) be in the form determined by the CEO;
(b) be signed by the permit holder;
(c) provide the information required by the form;
(d) be forwarded to the CEO no later than 28 days before the expiry of the permit, or within a
shorter period that the CEO in a particular case permits; and
(e) be accompanied by any fee imposed by the Council under section 6.16 to 6.19 of the Act.
(3) The provisions of this Part that apply to an application for a permit also apply to an application for
the renewal of a permit as though it were an application for a permit.
10.10 Transfer of permit
(1) An application for the transfer of a valid permit is—
(a) to be made in writing;
(b) to be signed by the permit holder and the proposed transferee of the permit;
(c) to include such information as the CEO or an authorised person may require to enable the
application to be determined; and
(d) to be forwarded to the CEO together with any fee imposed by the Council under sections 6.16
to 6.19 of the Act.
(2) The CEO or an authorised person may approve an application for the transfer of a permit, refuse to
approve it or approve it subject to any conditions.
15 December 2021 GOVERNMENT GAZETTE, WA 5525
(3) Where the CEO or an authorised person approves an application for the transfer of a permit, the
transfer may be effected by an endorsement on the permit signed by the CEO or the authorised person.
(4) Where the CEO or an authorised person approves the transfer of a permit, the local government is
not required to refund any part of any fee paid by the former permit holder.
10.11 Suspension of permit
(1) The CEO may, subject to clause 10.12, by written notice given to the permit holder, suspend a permit
if there are reasonable grounds for believing that—
(a) the permit holder has contravened a term or condition of a permit;
(b) the permit holder has contravened a provision of this local law; or
(c) the continued carrying on of the activity authorised by the permit constitutes or will constitute
an unacceptable risk to the safety of the public.
(2) The suspension notice must—
(a) state the day, or the day and time, on or at which the suspension takes effect;
(b) state the reasons for the CEO’s decision to suspend the permit; and
(c) where appropriate, indicate what steps need to be taken to ensure that there is compliance
with the relevant provision, term or condition or that there is no longer a risk as described in
subclause (1)(c); and
(d) inform the permit holder that he/she has a right to apply under the Act for a review of the
CEO’s decision to suspend the permit.
10.12 Proposed suspension
(1) If the CEO proposes to suspend a permit for the reason mentioned in clause 10.11(1)(a), the CEO
must give written notice to the permit holder of the proposed suspension.
(2) The notice must—
(a) state that the CEO proposes to suspend the permit;
(b) state the reasons for the proposed suspension; and
(c) inform the permit holder that the permit holder is entitled to make representations to the CEO
in respect of the proposed suspension within 7 days after the day on which the permit holder is
given the notice.
(3) In considering whether to suspend the permit, the CEO must have regard to any representations
made by the permit holder within the period referred to in subclause (2)(c).
10.13 Revocation of suspension
(1) The CEO must, by written notice given to the permit holder, revoke the suspension of a permit if
the CEO is satisfied that the steps specified in the suspension notice have been taken.
(2) The CEO may, by written notice given to the permit holder, revoke the suspension of the permit if
the CEO considers that it is appropriate to do so in the circumstances of a particular case.
10.14 Period of suspension
The suspension of a permit has effect on the day, or the day and time, specified in the suspension notice
until one of the following happens—
(a) the suspension is revoked under clause 10.13;
(b) the permit is cancelled under clause 10.15 or expires; or
(c) the permit is surrendered in accordance with the provisions of this local law.
10.15 Cancellation of permit
A permit may be cancelled by the CEO if—
(a) the permit was obtained improperly by including false or misleading information;
(b) the permit holder has persistently or frequently contravened a term or condition of the permit,
or a provision of this local law, whether or not the permit is or has been suspended on the
grounds of a contravention; or
(c) there are reasonable grounds for believing that the continued carrying on of the activity
constitutes or would constitute an unacceptable risk to the safety of the public, whether or not
the permit has been suspended on the grounds of that risk.
10.16 Surrender of permit
A permit holder may, at any time by notice in writing to the CEO, surrender the permit.
Division 4—Responsibilities of permit holders and others
10.17 Production of permit
A permit holder must produce to an authorised person her or his permit immediately after being
required to do so by that authorised person.
10.18 Other responsibilities of permit holder
A permit holder must, in respect of local government property to which the permit relates—
5526 GOVERNMENT GAZETTE, WA 15 December 2021
(a) ensure that an authorised person has unobstructed access to the local government property for
the purpose of inspecting the property or enforcing any provision of this local law;
(b) comply with a direction from the CEO or an authorised person to take the action specified in
the direction for the purpose of maintaining public safety;
(c) leave the local government property in a clean and tidy condition after its use;
(d) report any damage or defacement of the local government property to the CEO or an authorised
person; and
(e) take reasonable action to prevent the consumption of any liquor on the local government
property unless the permit allows it and a licence has been obtained under the Liquor Control
Act for that purpose.
10.19 Production of permit document for amendment
If the CEO or an authorised person amends or renews a permit, the permit holder must, if required by
the CEO or authorised person, produce the permit document to the CEO or authorised person for
amendment within the period specified by the CEO or authorised person.
10.20 Return of permit document if permit no longer in effect
If a permit—
(a) has expired or has not been renewed;
(b) has been suspended or cancelled; or
(c) has been surrendered,
the person who was the permit holder must, as soon as practicable after the expiry, suspension,
cancellation or surrender, return the permit document to the CEO.
10.21 Advertising
A person must not advertise, or otherwise hold out in any way, that the person conducts a commercial
activity in any public place unless that person holds a permit authorising that commercial activity.
10.22 False or misleading statement
A person must not make a false or misleading statement in connection with an application in respect
of a permit under this local law.
PART 11—OBJECTIONS AND REVIEW
11.1 Objection and review rights
Division 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal,
transfer, amendment, suspension or cancellation of a permit.
PART 12—ENFORCEMENT
Division 1—Notices
12.1 Definition
In this Division—
costs of the local government include its administrative costs.
12.2 Damage to local government property
If a person unlawfully removes, damages or interferes with local government property or portion of a
street, the CEO or an authorised person may give the person a notice requiring that person, within the
time specified in the notice, to do any one or more of the following (at the local government’s option)—
(a) reinstate the property to the state it was in before the removal, damage or interference;
(b) replace that property; or
(c) pay for the costs of reinstatement or replacement.
12.3 Breach of a permit
If a permit holder breaches a condition of the permit, or fails to comply with a direction under this local
law, the CEO or an authorised person may give the person a notice.
12.4 Notice requirements
A notice under this Division must—
(a) be in writing;
(b) specify the reason for giving the notice, the work or action that is required to be undertaken
and the time within which it is to be undertaken; and
(c) be given to the person referred to in clause 12.2 or 12.3, as the case may be.
12.5 Local government may undertake requirements of notice
(1) If a person fails to comply with a notice referred to in clause 12.2, the local government may—
15 December 2021 GOVERNMENT GAZETTE, WA 5527
(a) do the thing specified in the notice, including replace the property, or reinstate the property to
the state it was in before the removal, damage or interference; and
(b) recover from the person, as a debt, the costs of doing so.
(2) If a person fails to comply with a notice referred to in clause 12.3, the local government may—
(a) take whatever remedial action it considers appropriate to put the local government in the
position it would have been in if the breach or failure had not occurred; and
(b) recover from the person, as a debt, the costs of doing so.
12.6 Offence to fail to comply with notice
A person who fails to comply with a notice given to him or her under this local law commits an offence.
Division 2—Offences and penalties
12.7 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.
12.8 Prescribed offences
(1) An offence against a clause specified in Schedule 3 is a prescribed offence for the purposes of section
9.16(1) of the Act.
(2) The modified penalty for a prescribed offence is the amount specified adjacent to the clause in
Schedule 3.
(3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the
commission of a prescribed offence, the local government should be satisfied that—
(a) commission of the prescribed offence is a relatively minor matter; and
(b) only straightforward issues of law and fact are involved in determining whether the prescribed
offence was committed, and the facts in issue are readily ascertainable.
12.9 Form of notices
(1) For the purposes of this local law—
(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to
in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;
(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in
Schedule 1 of the Regulations; and
(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of
the Regulations.
(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence
against clause 2.4, the notice is to contain a description of the alleged offence.
12.10 Evidence of a determination
(1) In any legal proceedings, evidence of a determination may be given by tendering the register referred
to in clause 2.5 or a certified copy of an extract from the register.
(2) It is to be presumed, unless the contrary is proved, that the determination was properly made and
that every requirement for it to be made and have effect has been satisfied.
(3) Subclause (2) does not make valid a determination that has not been properly made.
SCHEDULE 1—DETERMINATIONS
[Clause 2.1]
The following determinations are to be taken to have been made by the local government under clause
2.1.
PART 1—PRELIMINARY
1.1 Definition
In these determinations—
local law means the Public Places and Local Government Property Local Law 2021 made by the
local government.
1.2 Interpretation
Where a term is used but not defined in a determination and that term is defined in this local law then
the term is to have the meaning given to it in this local law.
5528 GOVERNMENT GAZETTE, WA 15 December 2021
PART 2—APPLICATION
2.1 Vehicles on local government property
(1) Unless authorised by a permit or determination, a person must not take or cause a vehicle to be
taken onto or driven on local government property unless—
(a) subject to subclause (3), the local government property is clearly designated as a road, access
way or car park;
(b) the vehicle is driven by a local government employee, authorised person or contractor engaged
by the local government, who is engaged in—
(i) providing a service or making a delivery in connection with the local government
property; or
(ii) maintaining the local government property;
(c) the person is driving an emergency vehicle in the course of his or her duties;
(d) the vehicle is—
(i) driven on local government property that has been designated as a golf course;
(ii) used in accordance with the conditions set down by the local government, the controller
or an authorised person; and
(iii) of a type allowed to be taken onto the golf course by the local government, the controller
or an authorised person; or
(e) the vehicle is a motorised wheelchair, and the driver of that vehicle is a disabled person.
(2) A person must not drive a vehicle or allow a vehicle to be driven on local government property at a
speed exceeding 10 kilometres per hour or as otherwise indicated by a sign, or in such a manner as to
cause danger to any person.
(3) Other than in accordance with paragraphs (b), (c), (d) or (e) of subclause (1), a person must not drive
a vehicle on local government property that is being used for a function for which a permit has been
obtained unless permitted to do so by the permit holder or an authorised person.
2.2 Motorised model aeroplanes, toys or ships
A person must not use, launch or fly a drone, motorised model aeroplane, toy, ship, glider or rocket that
is propelled by mechanical, hydraulic, combustion or pyrotechnic means on or from local government
property except in accordance with a permit or determination that specifies that particular local
government property.
2.3 Children’s playgrounds
(1) The local government may set aside a public reserve or any portion of a public reserve as a children’s
playground.
(2) The local government may limit the ages of persons who are permitted to use a children’s playground
and may erect a sign under clause 2.3 of this local law to that effect on or in the immediate vicinity of
the playground.
(3) A person over the age specified on that sign, other than a person having the charge of a child or
children in the playground, must not use a playground or interfere with the use by children of the
playground.
2.4 Launching and retrieval of boats
A person must not take a boat onto, launch a boat from, or retrieve a boat on, local government property
except in accordance with permit or a determination that specifies that particular local government
property unless—
(a) the person is
(i) a local government employee or authorised person; or
(ii) a contractor engaged by the local government and who is engaged in providing a service,
maintaining or making a delivery in connection with, the local government property.
(b) the person is in charge of a boat engaged in rescue services or dealing with an emergency; or
(c) the local government property is a boat ramp that is delineated by a sign to that effect.
2.5 Activities prohibited on local government property
(1) A person must not play or practise archery or pistol or rifle shooting on local government property
except on land which is reserved by the local government for that purpose, or as otherwise permitted
by a determination or permit.
(2) A person must not play or practise golf on local government property except on a reserve set aside
by the local government as a golf course.
(3) A person must not, on any local government property, use or ride a bicycle or wheeled recreational
device, skateboard, or sand board—
(a) inside, or on the curtilage to, a building;
(b) on a golf course except to the extent permitted under clause 2.1(1)(d) of these Determinations;
or
(c) in or on a lakebed or waterway.
15 December 2021 GOVERNMENT GAZETTE, WA 5529
(4) A person must not use on, or take on to, any local government property, a spear gun, hand spear,
gidgie or similar device unless permitted by a determination or permit.
(5) A person shall not traverse sand dunes except along pathways designated by signs or fences for the
purpose.
SCHEDULE 2—AREAS WHERE HORSES MAY BE EXERCISED
[Clause 5.5]
Horse may be exercised at Pelican Point, Carnarvon as shown on the map below and indicted on site
by signs, between the hours of 5.00am to 9.00am, from the high tide mark into the Indian Ocean.
SCHEDULE 3—PRESCRIBED OFFENCES
[Clause 12.8]
Item
number
Clause Description Modified
Penalty
($)
1 2.4 Failure to comply with a determination 100
2 3.1 Undertaking activity on local government property
without a permit
100
3 3.2 Camping on local government property or erecting an
unauthorised structure
100
4 3.3 Failure to obtain licence for liquor 100
5 4.2 Failure to obtain permit for sign 100
6 4.4(3) Failure to comply with sign permit condition 100
7 5.1 Behaviour interfering with others 100
8 5.2 Behaviour detrimental to local government property 100
9 5.3 Taking or injuring fauna without authorisation 100
10 5.4 Removing, damaging or depositing flora without
authorisation
100
11 5.5 Animal on local government property without a permit 100
12 5.6 Under influence of liquor or prohibited drug on local
government property
100
13 5.8 Failure to comply with sign 100
14 5.9 Failure to comply with direction of authorised person 100
15 6.1, 6.2 Unauthorised entry to event, closed or fenced local
government property
100
16 6.4 Failure to observe conditions of play or direction of course
controller on golf course
100
17 6.8 Failure to comply with sign or direction on beach 100
18 6.11 Unauthorised entry to airport premises 100
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Item
number
Clause Description Modified
Penalty
($)
19 6.12 Animal on airport premises without approval 100
20 6.15 Unauthorised use of any part of jetty which is closed or
under repair or construction
100
21 6.16 Berthing of boats in unauthorised manner 100
22 6.17 Unauthorised berthing of a boat to jetty 100
23 6.18 Failure to remove berthed boat on direction of authorised
person
100
24 6.19 Launching of boat from jetty without consent 100
25 6.20 Berthing when not ready to load or discharge cargo, at
times not permitted or for longer than permitted
100
26 6.21 Unlawful storing of goods on jetty 100
27 6.22 Removing goods from jetty during other than permitted
hours
100
28 6.23 Failure to remove cargo on jetty on direction of authorised
person
100
29 6.24 Unauthorised deposit of bulk cargo on jetty 100
30 6.25 Polluting area surrounding jetty 100
31 6.26 Fishing from jetty so as to obstruct a boat or another
person
100
32 7.6(1) Driving or riding vehicle on area of a flora road that is not
a carriageway
100
33 7.9 Planting in flora road without a permit 100
34 7.11 Clearing a flora road without a permit 100
35 7.13 Burning a flora road without a permit 100
36 7.17 Constructing firebreak without a permit 100
37 7.19 Commercially harvesting flora without a permit 100
38 7.20(1) Collecting native flora seeds without a permit 100
39 8.1(a),
8.4(2)(b)
Planting or allowing plant or verge treatment in street to
become a sightline hazard
100
40 8.1(b) Damaging a street lawn or garden 100
41 8.1(c) Damaging or removing whole or part of a street tree
without authorisation
300
42 8.1(d) Obstruction of street 100
43 8.1(e) Damaging, removing or interfering with street, part of
street, sign or structure in a street without authorisation
100
44 8.1(f) Playing games in street so as to impede vehicles or
persons
100
45 8.2 Carry on or undertake prohibited activity in street or
damage local government property in a street without
authorisation
300
46 8.4(4) Install verge treatment that is not a permissible
treatment
100
47 8.5(a),
8.5(d)
8.5(e)
Failure to keep permissible verge treatment in good and
tidy condition, obstruct a street, footpath, drain, or
driveway
100
48 8.5(c) Placing an obstruction on or around a verge treatment 100
49 8.5(f) Failure to ensure sprinklers or reticulation pipes do not
protrude above level of verge treatment when not in use,
not used at such times as to cause inconvenience to
pedestrians, or otherwise present a hazard
100
50 8.8 Failure to obtain permit for a temporary crossing 100
51 8.9 Failure to remove redundant crossing or reinstate kerb,
drain, footpath, verge or street
100
52 8.12 Failure to comply with condition of use of a street
indicated by a sign
100
53 9.1(1) Animal or vehicle obstructing public place without
authorisation
100
54 9.2(2) Animal in public place when not led, ridden or driven 100
15 December 2021 GOVERNMENT GAZETTE, WA 5531
Item
number
Clause Description Modified
Penalty
($)
55 9.3 Failure to clearly mark name or trading name on
shopping trolley
100
56 9.4 Person leaving a shopping trolley in a public place other
than trolley bay
100
57 9.5 Failure to remove shopping trolley after being advised of
location
100
58 10.7 Failure to comply with permit condition 100
59 10.18 Failure to comply with permit condition in relation to
local government property
100
60 10.17,
10.19,
10.20
Failure to produce permit for inspection, amendment or
to return permit when no longer in effect
100
61 12.6 Failure to comply with notice 300
62 12.7 All other offences not specified 100
Dated 10 December 2021.
The Common Seal of the Shire of Carnarvon was affixed in the presence of—
EDDIE SMITH, President.
ANDREA SELVEY, Chief Executive Officer.
———————————