Public Places and Local Government Property Local Law 2022

16 February 2022 GOVERNMENT GAZETTE, WA 335 PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2022 CONTENTS PRELIMINARY 1.4 Repeal 1.5 Transitional provisions 1.6 Definitions 1.7 Interpretation 1.8 Assistance animals 1.9 Overriding power to hire and agree DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY 2.1 Determinations as to use of local government property 2.2 Procedure for making a determination 2.3 Discretion to erect sign 2.4 Determination to be complied with 2.5 Register of determinations 2.6 Amendment or revocation of a determination 2.7 Activities which may be pursued on specified local government property 2.8 Activities which may be prohibited on specified local government property 2.9 Sign under repealed local law taken to be determination ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A LICENCE 3.1 Activities requiring a licence 3.2 Licence to erect structures or camp 3.3 Licence required for possession and consumption of liquor BEHAVIOUR ON LOCAL GOVERNMENT PROPERTY 4.1 Application 4.2 Restricted local government property 4.3 Behaviour which interferes with others 4.4 Behaviour detrimental to property 4.5 No unauthorised entry to function 4.6 Taking or injuring fauna 4.7 Flora 4.8 Animals 4.9 Waste 4.10 Vehicles on local government property 4.11 UAVs 4.12 Archery, pistol or rifle shooting 4.13 Playing or practising golf 4.14 Prohibition relating to bicycles, skateboards etc. on local government property MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY 5.1 No entry to fenced, closed or restricted local government property 5.2 Only specified gender to use entry of toilet block or change room 5.3 Use of shower or bath facilities

336 GOVERNMENT GAZETTE, WA 16 February 2022 ACTIVITIES IN THOROUGHFARES 6.1 General prohibitions 6.2 Activities allowed with a licence 6.3 Assignment of numbers 6.4 No driving on closed thoroughfare 6.5 Fencing of public place—Item 4(1) of Division 1, Schedule 3.1 of Act

Division 2—Permitted verge treatments 6.6 Application 6.7 Permitted verge treatments 6.8 Obligations of owner or occupier 6.9 Transitional provision 6.10 Power to carry out public works on verge

Division 3—Vehicle crossovers 6.11 Temporary crossovers 6.12 Removal of redundant crossover 6.13 Crossovers in unsafe locations ACTIVITIES IN PUBLIC PLACES 7.1 Leaving animal or vehicle in public place 7.2 Prohibitions relating to animals TEMPORARY SIGNS 8.1 Definitions 8.2 Application 8.3 Temporary signs 8.4 Matters to be considered in determining application for licence 8.5 Conditions for temporary signs 8.6 Prohibition on placement of temporary signs 8.7 Additional conditions for advertising signs 8.8 Additional conditions for event signs 8.9 Additional conditions for election signs 8.10 Removal of temporary signs SIGNS AND POWERS TO GIVE DIRECTIONS 9.1 Signs installed by the local government 9.2 Transitional provision 9.3 Authorised person to be obeyed 9.4 Refusal of entry and removal 9.5 Disposal of lost property LICENCES 10.1 Application for licence 10.2 Decision on application for licence 10.3 General restrictions on grant of licence 10.4 Amendment of licence 10.5 False or misleading statement Division 2—Conditions of licences 10.6 Examples of conditions 10.7 Imposing conditions under a policy 10.8 Compliance with conditions Division 3—Duration of licences 10.9 Duration of licence 10.10 Renewal of licence 10.11 Transfer of licence 10.12 Suspension of licence 10.13 Proposed suspension

16 February 2022 GOVERNMENT GAZETTE, WA 337 10.14 Revocation of suspension 10.15 Period of suspension 10.16 Cancellation of licence 10.17 Surrender of licence

Division 4—Responsibilities of licence holders and others 10.18 Production of licence 10.19 Production of licence document for amendment 10.20 Return of licence document if licence no longer in effect 10.21 Other responsibilities of licence holder 10.22 Advertising NOTICES 11.1 Notice to remedy non-compliance 11.2 Notice regarding damage 11.3 Notice requirements 11.4 Offence to fail to comply with notice 11.5 Local government may undertake requirements of notice OBJECTIONS AND REVIEW 12.1 Objection and review rights OFFENCES AND PENALTIES 13.1 Offences and general penalty 13.2 Prescribed offences 13.3 Form of notices 13.4 Evidence of a determination

SCHEDULE 1—PRESCRIBED OFFENCES

338 GOVERNMENT GAZETTE, WA 16 February 2022 PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2022 Under the powers conferred by the Local Government Act 1995 and under all other relevant powers, the Council of the Shire of Menzies resolved on 27 January 2022 to adopt the following local law. PRELIMINARY This local law may be cited as the Shire of Menzies Public Places and Local Government Property Local Law 2022. The local law comes into operation 14 days after the date of its publication in the Government Gazette. This local law applies throughout the district. 1.4 Repeal The Shire of Menzies Activities in Thoroughfares and Public Places Local Law 2007 is repealed. 1.5 Transitional provisions (1) An application for, or 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. (2) 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 licence under this local law and may be dealt with accordingly. 1.6 Definitions (1) In this local law— Act means the Local Government Act 1995; applicant means a person who applies for a licence; application means an application for a licence; authorised person means a person appointed by the local government under section 9.10 of the Act to perform any of the functions of an authorised person under this local law; building means any building or structure which is local government property and includes any— (a) hall or room; and (b) corridor, stairway or annexe of any hall or room; and (c) the immediate environs of the building if the context requires, but does not include an open space, a carpark or a similar. building permit means a permit granted under section 20 of the Building Act 2011; 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 in the Road Traffic Code 2000; CEO means the Chief Executive Officer of the local government; children’s playground means an area set aside for use by children and noted by the presence of any of the following— (a) dedicated children’s playground equipment; (b) the presence of either sand or other form of soft fall surface; or (c) a sign indicating the area is a children’s playground; closed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the Act; commencement day means the day on which this local law comes into operation; costs means all expenses directly associated with reinstatement or replacement, and includes administrative expenses associated with reinstatement or replacement; Council means the council of the local government;

16 February 2022 GOVERNMENT GAZETTE, WA 339 crossover 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; entertainment means— (a) the action of providing or being provided with amusement or enjoyment; or (b) an event, performance, or activity designed to entertain others; firearm has the same meaning as in section 4 of the Firearms Act 1973; footpath has the meaning given to it in the Road Traffic Code 2000; 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 thoroughfare 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 thoroughfare 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; licence means a licence, permit or approval issued under this local law; licence document means a licence document issued under this local law; licensed premises has the same meaning as is given to it in section 3 of the Liquor Control Act; licence holder means a person who holds a licence; liquor has the meaning given to it in section 3 of the Liquor Control Act; Liquor Control Act means the Liquor Control Act 1988; local government means the Shire of Menzies; local government property means anything except a thoroughfare— (a) which belongs to or is 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; local public notice has the meaning given to it in section 1.7 of 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; missile has the same meaning as in section 4 of the Firearms Act 1973; 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; permitted verge treatment means any one of the treatments described in clause 6.7(3), and includes any reticulation pipes and sprinklers; person does not include the local government; public place means— (a) a thoroughfare; (b) any local government property; or (c) a place to which the public have access; repealed local law means a local law repealed under clause 1.4; restricted local government property means local government property which by its nature or by sign erected by the local government property does not have public access, and includes— (a) a building used as a residence and the whole of the land on which it is situated; (b) a non-residential building occupied under an agreement with the local government and the whole of the land on which it is situated;

340 GOVERNMENT GAZETTE, WA 16 February 2022 (c) land occupied under an agreement with the local government; and (d) buildings or land restricted by the local government for municipal purposes to ensure public safety, or for community interest or benefit; 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; set fee refers to fees and charges imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act; 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 tree means any tree planted or self sown in a thoroughfare, of an appropriate species and in an appropriate location, for the purposes of contributing to the appearance of the thoroughfare; thoroughfare has the meaning given to it by the Act; townsite means the townsites of Menzies and Kookynie, which are— (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in clause 37 of Schedule 9.3 of the Act; trading means selling or hiring goods or services and includes the setting up of a stall and conducting business at a stall; UAV means unmanned aircraft, other than a balloon or kite; vehicle includes— (a) every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise; and (b) where the context permits, an animal being ridden or driven, but excludes— (c) a wheelchair or any device designed for use by a physically impaired person on a footpath; and (d) a pram, stroller or similar device; verge means that part of a thoroughfare between the carriageway and the land which abuts the thoroughfare, 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. 1.7 Interpretation In this local law, a reference to local government property includes a reference to any part of local government property. 1.8 Assistance animals This local law is subject to any written law and any law of the Commonwealth about assistance animals as defined in section 9(2) of the Disability Discrimination Act 1992 (Commonwealth). 1.9 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.

16 February 2022 GOVERNMENT GAZETTE, WA 341 DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY 2.1 Determinations as to use of local government property The Council 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 (d) as to any matter ancillary or necessary to give effect to a determination. 2.2 Procedure for making a determination (1) The local government is to give local public notice of the intention to make a determination. (2) The local public notice referred to in subclause (1) is to state that— (a) the Council 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 is to decide to— (a) give local public notice that the proposed determination has effect as a determination on and from the date of publication; (b) amend the proposed determination, in which case subclause (5) is to apply; or (c) not continue with the proposed determination. (4) If submissions are received in accordance with subclause (2)(c), the Council is to— (a) consider those submissions; and (b) 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, local public notice is to be given— (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, local public notice is to be given 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 made under (3) or (4) is not to be delegated by 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 shall 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 Council 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 Council revokes a determination local public notice is to be given 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) use a UAV;

342 GOVERNMENT GAZETTE, WA 16 February 2022 (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) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or not in specified areas of that local government property; (e) 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; and (f) ride a bicycle, a skateboard, 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, rollerblades, a sandboard or a similar device; (b) taking, riding or driving a vehicle on the property or a particular class of vehicle; (c) riding or driving a vehicle of a particular class or any vehicle above a specified speed; (d) 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; (e) the playing or practice of any ball game which may cause detriment to the property or any fauna on the property; and (f) 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 a 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). ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A LICENCE 3.1 Activities requiring a licence (1) A person shall not without a licence— (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;

16 February 2022 GOVERNMENT GAZETTE, WA 343 (d) teach, coach or train, for profit, any person in any facility which is local government property; (e) plant any plant or sow any seeds on local government property; (f) carry on any trading on local government property unless the trading is conducted— (i) with the consent of a person who holds a licence to conduct a function, and where the trading is carried on under and in accordance with the licence; or (ii) by a person who has a licence or permit to carry on trading on local government property (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 or entertainment event 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, which is local government property, for the purpose of supplying any water, power, sewer, communication, television or similar service to a person; (p) depasture any horse, sheep, cattle, goat, camel, ass or mule on local government property; (q) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly; (r) erect, install, operate or use any broadcasting, public address system, loudspeaker or other device for the amplification of sound on local government property; (s) conduct an entertainment event 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 Licence to erect structures or camp 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 caravan park or camping ground operated by the local government. (3) A person shall not without a licence— (a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local government property; (b) erect any tent, camp, hut or similar structure on local government property other than a shade or windbreak erected for use during the hours of daylight and which is dismantled during those hours on the same day; or (c) park a vehicle on local government property, thoroughfare or public place for the purpose of sleeping in the vehicle. (4) The maximum period for which the local government may approve an application for a licence in respect of paragraph (a) or (b) of subclause (2) is that provided in regulation 11(2)(a) of the Caravan Parks and Camping Grounds Regulations 1997. 3.3 Licence required for possession and consumption of liquor (1) A person shall not offer for sale, consume, have in her or his possession or under her or his control on local government property, any liquor unless— (a) permitted under the Liquor Control Act; and (b) a licence has been obtained for that purpose from the local government. (2) Subclause (1) does not apply where the liquor is in a sealed container.

344 GOVERNMENT GAZETTE, WA 16 February 2022 BEHAVIOUR ON LOCAL GOVERNMENT PROPERTY 4.1 Application In this Part— local government property includes any structure, facility or item constructed or owned by the local government which may be situated on land not under the local government’s management. 4.2 Restricted local government property Nothing in this local law is to be construed as— (a) permitting access to or activities by the public on restricted local government property without the express approval— (i) in the case of a building used as a residence and the whole of the land on which it is situated, by the occupier or authorised representative of the occupier; (ii) in the case of a non-residential building occupied under an agreement with the local government, the building and the whole of the land on which it is situated, by the person occupying the building; (iii) in the case of land occupied under an agreement with the local government, by the person occupying the land; and (iv) in the case of a building or land restricted by the local government for municipal purposes to ensure public safety, or for community interest or benefit, by the CEO or an authorised person; (b) limiting— (i) the right of the occupier of restricted local government property to full use of that property for their private enjoyment as permitted by law or by agreement with the local government; or (ii) access by emergency personnel in the course of her or his duties. 4.3 Behaviour which interferes with others In or on any local government property, a person shall not behave in a manner which— (a) is likely to interfere with the enjoyment of a person who might use or who might be on the property; or (b) interferes with the enjoyment of a person using the property. 4.4 Behaviour detrimental to property A person shall not behave in or on local government property in a way which is or might be detrimental to the property, including but not limited to— (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 rock, a plant, or a seat provided for the use of any person or a building. 4.5 No unauthorised entry to function (1) A person shall not enter local government property on such days or during such times as the property is set aside for a function, except— (a) through the proper entrance for that purpose; and (b) on payment of any fee chargeable for admission as determined by the hirer at the time. (2) The CEO or an authorised person may exempt a person from compliance with subclause (1)(b). 4.6 Taking or injuring fauna animal means any living thing that is not a human being or plant; 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 fauna in a normal or natural manner. (2) A person shall not take, injure or kill or attempt to take, injure or kill any fauna which is on or above any local government property, unless that person is authorised under a written law to do so. 4.7 Flora flora means all vascular plants, seeds and other flora, whether living or dead.

16 February 2022 GOVERNMENT GAZETTE, WA 345 (2) On or above any local government property unless authorised to do so under a written law or with the written approval of the CEO or an authorised person, a person shall not— (a) remove, damage or interfere with any flora; or (b) plant or deposit any flora. 4.8 Animals Unless otherwise approved by the CEO, an authorised person or authorised by other written law, a person shall not on any local government property— (a) tether any animal other than a dog, to an object or tree; or (b) permit any animal other than a dog, to enter unless authorised by a licence. 4.9 Waste A person shall not deposit or discard waste on local government property except— (a) in a place or receptacle set aside by an authorised person for that purpose; and (b) in accordance with any conditions that may be specified on the receptacle or a sign. 4.10 Vehicles on local government property (1) Unless authorised by a licence or determination, a person shall 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 her or his duties; (d) the vehicle is— (i) used in accordance with the conditions set down by the local government or an authorised person; and (ii) of a type allowed to be taken onto the local government property by the local government or an authorised person; or (e) the vehicle is a motorised wheelchair or similar, and the driver of that vehicle is a person with a disability. (2) A person shall not drive a vehicle or allow a vehicle to be driven on local government property at a speed exceeding 20 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 subclause (1)(b), (c), (d) or (e), a person shall not drive a vehicle on local government property or part of it that is being used for a function for which a licence has been obtained unless permitted to do so by the licence holder or an authorised person. 4.11 UAVs A person shall not use a UAV on or from local government property except where a licence or determination specifies a particular local government property. 4.12 Archery, pistol or rifle shooting A person shall not play or practise archery, pistol or rifle shooting on local government property except on land which is reserved by the local government for that purpose, or as otherwise provided by a determination or licence. 4.13 Playing or practising golf A person shall not play or practise golf on local government property except where a licence or determination specifies a particular local government property. 4.14 Prohibition relating to bicycles, skateboards etc. on local government property Unless the local government property is clearly identified for the purpose, a person shall not use or ride a bicycle or wheeled recreational device, skateboard or roller-blades, or sand board or similar devices on any local government property— (a) inside, or on the curtilage to, a building; or (b) in or on a lakebed or waterway. MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY 5.1 No entry to fenced, closed or restricted local government property (1) Unless that person is authorised to do so by the CEO or an authorised person, a person shall not enter onto— (a) local government property which has been fenced off or closed to the public by a sign or otherwise, or (b) restricted local government property except in accordance with clause 4.2.

346 GOVERNMENT GAZETTE, WA 16 February 2022 (2) Nothing in this local law is to be construed as preventing the access necessary by persons empowered to do so under a written law. 5.2 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 shall not use that entry of the toilet block or change room; (b) males—then a person of the female gender shall 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) Subclause (1)(a) and (b) does 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. 5.3 Use of shower or bath facilities A person may use a shower or bath facility in change rooms only on conditions that— (a) the facilities shall be used by the person only for the purpose of cleansing, bathing and washing themselves; and (b) the facilities shall not be used for the purpose of laundering of clothing or washing of other articles. ACTIVITIES IN THOROUGHFARES 6.1 General prohibitions A person shall not— (a) plant, or allow to remain, in a thoroughfare a plant that is or may become an obstruction to a reasonable sight line for a driver of any vehicle negotiating or using the thoroughfare; (b) damage a lawn or a garden, or remove any plant or part of a plant from a lawn or a garden, in a thoroughfare unless— (i) the person is the owner or the occupier of the lot abutting that portion of the thoroughfare 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; (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 thoroughfare or by the local government, unless— (i) the damage to, or removal of, the street tree is authorised by an authorised person in writing; or (ii) the person is acting under authority of written law; (d) except as permitted by this local law place, or allow to be planted, placed or remain, on a thoroughfare any thing (except water) that— (i) obstructs the thoroughfare; or (ii) results in a hazard for any person using the thoroughfare; (e) unless at the direction of an authorised person, damage, remove or interfere with any part of a thoroughfare, or any structure erected on a thoroughfare, 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 unreasonably impede the movement of vehicles or persons on a thoroughfare. 6.2 Activities allowed with a licence (1) A person shall not without a licence— (a) dig or otherwise create a trench through or under a kerb or footpath; (b) throw, place or deposit any thing on a verge 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 thoroughfare; (d) cause any obstruction to a water channel or a water course in a thoroughfare; (e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare; (f) damage a thoroughfare; (g) fell or damage any street tree; (h) fell any tree onto a thoroughfare;

16 February 2022 GOVERNMENT GAZETTE, WA 347 (i) light any fire or burn any thing on a thoroughfare other than in a stove or fireplace provided for that purpose; (j) unless installing, or in order to maintain, a permitted verge treatment— (i) lay pipes under or provide taps on any verge; or (ii) place or install, on any part of a thoroughfare, 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 thoroughfare any hoist or other thing for use over the thoroughfare; (l) on a thoroughfare use anything or do anything so as to create a nuisance; (m) place or cause to be placed on a thoroughfare a bulk rubbish container; (n) interfere with the soil of, or anything in, a thoroughfare or take anything from a thoroughfare; (o) conduct or carry on any trading on a thoroughfare; (p) conduct, carry on or set up a market on a thoroughfare; or (q) conduct or carry on an entertainment event on a thoroughfare. (2) An authorised person may exempt a person from compliance with subclause (1) on the application of that person. 6.3 Assignment of numbers number means a number with or without an alphabetical suffix indicating the street address of land as assigned by the local government from time to time, in accordance with this local law. (2) 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. 6.4 No driving on closed thoroughfare A person shall not drive or take a vehicle on a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the Act 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 licence. 6.5 Fencing of public place—Item 4(1) of Division 1, Schedule 3.1 of Act A public place, as that term is defined in clause 1.6, is specified as a public place for the purpose of item 4(1) of Division 1 of Schedule 3.1 of the Act. Division 2—Permitted verge treatments 6.6 Application This Division only applies to the townsites of Menzies and Kookynie. 6.7 Permitted verge treatments (1) A person shall not install or maintain a verge treatment which is not a permitted verge treatment. (2) An owner or occupier of land which abuts a verge may install a permitted verge treatment, on that part of the verge directly in front of her or his land. (3) A permitted 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 thoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a driveway on land adjacent to the thoroughfare for access to or from the thoroughfare; (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 (iv) is not of a thorny, poisonous or hazardous nature; and (c) subject to subclause (4), the installation of material which does not detract from the amenity of the area, including but not limited to— (i) bituminous surface or in-situ concrete, subject to reduction of area shedding of storm water or flooding; (ii) use of paving bricks or concrete slabs; and (iii) all forms of loose aggregate materials such as pebbles, stones and gravel, not larger than 50mm and contained within the verge area at all times; and (d) other treatment approved by the local government.

348 GOVERNMENT GAZETTE, WA 16 February 2022 (4) Where installation of material which would create a hard surface has been installed or is intended, an authorised person may by written notice, require— (a) a reduction of area covered or to be covered, if shedding of storm water or flooding is likely to cause a nuisance to neighbours or users of a thoroughfare; and (b) an area of open space to a maximum of 1m from the edge of a street tree. (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 6.8. 6.8 Obligations of owner or occupier An owner or occupier who installs or maintains a permitted verge treatment shall— (a) keep the permitted verge treatment in a good and tidy condition and, where the verge treatment is a garden or lawn, ensure that a footpath on the verge and a carriageway adjoining the verge is 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 carriageway, 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. 6.9 Transitional provision 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 is to be taken to be a permitted verge treatment for so long as the verge treatment remains of the same type and continues to comply with the former provisions 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. 6.10 Power to carry out public works on verge Where the local government or an authority is 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 material or other hard surface; or (ii) sprinklers, pipes or other reticulation equipment. Division 3—Vehicle crossovers 6.11 Temporary crossovers (1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the lot, the person responsible for the works shall obtain a licence for the construction of a temporary crossover to protect the existing carriageway, kerb, drains, footpath, existing materials and street trees, where— (a) a crossover does not exist; or (b) a crossover does exist, but the nature of the vehicles and their loads is such that they are likely to cause damage to the crossover. (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 CEO or an authorised person approves an application for a licence for the purpose of subclause (1), the licence is taken to be issued on the condition that until such time as the temporary crossover is removed, the licence holder shall keep the temporary crossover in good repair and in such a condition so as not to create any danger or obstruction to persons using the thoroughfare.

16 February 2022 GOVERNMENT GAZETTE, WA 349 6.12 Removal of redundant crossover (1) Where works on a lot will result in a crossover no longer giving access to a lot, the crossover is to be removed and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the removal are to be reinstated to the satisfaction of an authorised person. (2) The CEO or an authorised person may give written notice to the owner or occupier of a lot requiring her or him within the period of time stated in the notice to— (a) remove any part of or all of a crossover which does not give access to the lot; and (b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may be affected by the removal. 6.13 Crossovers in unsafe locations (1) Where a crossover is in an unsafe location, the local government may give notice to the owner or occupier to— (a) remove the crossover; or (b) make the crossover safe. (2) In determining whether the crossover is in an unsafe location, the local government shall have regard to— (a) any guidelines or advice Main Roads Western Australia sought or published from time to time; (b) the usage of the thoroughfare; and (c) alternative treatments available to make the crossover safe. (3) Any notice issued under subclause (1) is to give a minimum period of 28 days to remove or make the crossover safe, provided immediate measures are taken to advise users of the thoroughfare of the circumstances deemed unsafe. ACTIVITIES IN PUBLIC PLACES 7.1 Leaving animal or vehicle in public place (1) A person shall 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 licence 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. 7.2 Prohibitions relating to animals (1) In this clause, 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 shall 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 an animal which 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 shall not lead, ride or drive a horse on a thoroughfare, unless that person does so under a licence or under the authority of a written law. TEMPORARY SIGNS 8.1 Definitions advertising sign means a temporary sign or poster which advertises a business, products or services for commercial gain; election sign means a temporary sign or poster which advertises any aspect of a forthcoming Federal, State or local government election; event sign means a temporary sign or poster which advertises an event, function or activity; temporary sign means a sign used for the purpose of advertisement or notification, whether free standing or requiring to be affixed to a structure of any type, and includes— (a) a bill, poster and the like; (b) a banner or flag; (c) an advertising sign; (d) an event sign;

350 GOVERNMENT GAZETTE, WA 16 February 2022 (e) an election or political sign; and (f) a direction sign to a place or event. 8.2 Application Any sign that is to be a permanent structure or fixture is to comply with— (a) the Building Code as defined in section 3 of the Building Regulations 2012; (b) any local planning scheme of the local government made under the Planning and Development Act 2005; and (c) any other written law regulating of signs within the district. 8.3 Temporary signs (1) On local government property or in a thoroughfare, a person shall not without a licence— (a) place a temporary sign; or (b) post any bill or paint, place or affix any advertisement. (2) Notwithstanding subclause (1), a licence is not required for a temporary sign that is— (a) otherwise compliant with clauses 8.5, 8.6, 8.7, 8.8 and 8.9; (b) placed flat against a wall or constructed fence for the full length and height of the sign; (c) for the purposes of a sporting, charitable or not for profit organisation; and (d) does not exceed a number of signs considered reasonable at the discretion of the CEO. 8.4 Matters to be considered in determining application for licence In determining an application for a licence for the purpose of clause 8.3(1), matters the local government is to have regard to include— (a) any other written law regulating the construction or placement of signs within the district; (b) the dimensions of the sign; (c) whether or not the sign may create a hazard to persons using a thoroughfare; (d) other signs already approved or erected in the vicinity of the proposed location of the sign; (e) any other condition that may be imposed; and (f) the amount of the public liability insurance cover, if any, to be obtained by the applicant. 8.5 Conditions for temporary signs Unless otherwise approved by the local government, temporary signs shall— (a) be portable and free-standing or temporarily affixed so as there is no resulting damage to any thing; (b) be secured in position in accordance with any requirements of the local government; (c) be placed so as not to impede or obstruct either vehicle or pedestrian traffic, or access to a place by any person; (d) be placed so as not to obstruct lines of sight for vehicle traffic; (e) not be unduly distracting, in the opinion of an authorised person, if illuminated or incorporating reflective or fluorescent materials; (f) not contain any offensive wording, symbols or images in the opinion of an authorised person; (g) not display only part of a message which is to be read with other separate signs in order to obtain the whole message; (h) be maintained in good condition; (i) be in compliance with any limitation of the number of signs notified in writing by the local government; and (j) unless flat against a wall or fence not exceed— (i) 0.75 square metres in area; and (ii) not exceed 750mm horizontally. 8.6 Prohibition on placement of temporary signs Unless otherwise approved by the local government a temporary sign shall not be placed— (a) on any natural feature, including a rock or tree, on local government property or a thoroughfare; (b) on any bridge or the structural approaches to a bridge. 8.7 Additional conditions for advertising signs Unless otherwise approved by the local government an advertising sign shall— (a) relate only to the business activity, or be placed with the consent of the owner or occupier of the adjoining premises; and (b) be in place only during the hours of the business activity or the event being advertised.

16 February 2022 GOVERNMENT GAZETTE, WA 351 8.8 Additional conditions for event signs Unless otherwise approved by the local government an event sign shall— (a) relate only to the event, function or activity advertised; and (b) not be placed more than 28 days prior to the event, function or activity being advertised. 8.9 Additional conditions for election signs An election sign shall not be erected until the election to which it relates has been officially announced. 8.10 Removal of temporary signs (1) Unless otherwise specified a temporary sign is to be removed within 10 working days of the event or activity. (2) The local government may remove non-complying signs without notice and recover costs from the person placing the sign or named as beneficiary on the sign. SIGNS AND POWERS TO GIVE DIRECTIONS 9.1 Signs installed by the local government (1) The local government may install a sign in public places specifying any conditions of use which apply to that public place, local government property or thoroughfare. (2) A person shall comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving notice of the effect of a provision of this local law. 9.2 Transitional provision Where a sign in a public place, on local government property or on a thoroughfare or 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 9.1 if— (a) the sign specifies a condition of use relating to the thoroughfare 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. 9.3 Authorised person to be obeyed (1) A person on or in local government property that is given a lawful direction by the CEO or an authorised person shall comply with that direction. (2) A person shall not obstruct or hinder an authorised person in the performance of that person’s duties. 9.4 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) shall 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. 9.5 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 she or he thinks fit; or (c) in any other case, by donation to a not for profit body incorporated under the Associations Incorporations Act 2015.

352 GOVERNMENT GAZETTE, WA 16 February 2022 LICENCES 10.1 Application for licence (1) Where a person is required to obtain a licence under this local law, that person shall apply for the licence in accordance with subclause (2). (2) An application for a licence under this local law shall— (a) be in the form determined by the CEO or an authorised person; (b) be signed by the applicant; (c) provide the information required by the form; and (d) be forwarded to the local government together with any set fee. (3) The CEO or an authorised person may require an applicant to provide additional information reasonably related to an application before determining an application for a licence. (4) The CEO or an authorised person may require an applicant to give local public notice of the application for a licence. (5) The CEO or an authorised person may refuse to consider an application for a licence 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 for licence (1) The CEO or an authorised person may— (a) approve an application for a licence unconditionally or subject to any conditions; or (b) refuse to approve an application for a licence. (2) If the CEO or an authorised person approves an application for a licence, written notice of approval is to be issued to the applicant. (3) If an authorised person refuses to approve an application for a licence, written notice of that refusal is to be given 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 licence holder. 10.3 General restrictions on grant of licence (1) The CEO or an authorised person shall not grant a licence 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 shall not grant a licence unless 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 licence; (b) the public place at which the activity is to be provided is suitable for that purpose; (c) a licence 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 licence (1) The CEO or an authorised person may, by written notice given to the licence holder, amend a licence— (a) imposing any new condition; or (b) changing or removing any existing condition. (2) An amendment may be made on application made by the licence holder or on the initiative of the CEO or an authorised person. (3) An amendment will come into effect on the day that written notice is given to the licence holder, or some other date as specified in the notice. 10.5 False or misleading statement A person shall not make a false or misleading statement in connection with an application in respect of a licence under this local law. Division 2—Conditions of licences 10.6 Examples of conditions (1) Examples of the conditions that an authorised person may impose on a licence under clause 10.2(1)(a) or 10.4(1)(a) are conditions relating to— (a) the payment of a set fee; (b) compliance with a standard or a policy adopted by the local government; (c) the duration and commencement of the licence; (d) the commencement of the licence being contingent on the happening of an event; (e) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application;

16 February 2022 GOVERNMENT GAZETTE, WA 353 (f) the approval of another application for a licence which may be required by the local government (g) the area of the district to which the licence applies; (h) where a licence 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 an authorised person. (2) Examples of the type and content of the conditions on which a licence to hire local government property may be issued include— (a) when set 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; (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 an authorised person to cancel a booking during the course of an annual or seasonal booking, if 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. 10.7 Imposing conditions under a policy policy means a local government policy adopted by the Council under section 2.7(2)(b) of the Act containing conditions subject to which an application for a licence may be approved under clause 10.2(1)(a). (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 shall give to the licence 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 licence, with the written notice of approval referred to in clause 10.2(2). (4) An application for a licence 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 licence 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. 10.8 Compliance with conditions Where an application for a licence has been approved subject to conditions, the licence holder shall comply with each of those conditions, as amended. Division 3—Duration of licences 10.9 Duration of licence A licence 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 licence; or (b) suspended or cancelled under this Division. 10.10 Renewal of licence (1) A licence holder may apply to the local government for the renewal of a licence. (2) An application for renewal shall— (b) be signed by the licence holder; (d) be forwarded to the local government no later than 28 days before the expiry of the licence, or within a shorter period that the local government in a particular case permits; and (e) be accompanied by any set fee. (3) The provisions of this Part that apply to an application for a licence also apply to an application for the renewal of a licence as though it were an application for a licence.

354 GOVERNMENT GAZETTE, WA 16 February 2022 10.11 Transfer of licence (1) An application for the transfer of a valid licence is— (a) to be made in writing; (b) to be signed by the licence holder and the proposed transferee of the licence; (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 local government together with any set fee. (2) The CEO or an authorised person may— (a) approve an application for the transfer of a licence; (b) approve the application subject to any conditions; or (c) refuse to approve the application. (3) Where the CEO or an authorised person approves an application for the transfer of a licence, the transfer may be effected by an endorsement on the licence signed by the CEO or the authorised person. (4) Where an authorised person approves the transfer of a licence, the local government is not required to refund any part of any set fee paid by the former licence holder. 10.12 Suspension of licence (1) The CEO or an authorised person may, subject to clause 10.13, by written notice given to the licence holder, suspend a licence if there are reasonable grounds for believing that— (a) the licence holder has contravened a term or condition of a licence; (b) the licence holder has contravened a provision of this local law; or (c) the continued provision of the activity authorised by the licence constitutes or will constitute an unacceptable risk to the safety, health or welfare of the public. (2) The suspension notice shall— (a) state the day, or the day and time, on or at which the suspension takes effect; (b) state the reasons for the CEO or authorised person’s decision to suspend the licence; 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 licence holder that the licence holder has a right to apply under the Act for a review of the decision to suspend the licence. 10.13 Proposed suspension (1) If the CEO or an authorised person proposes to suspend a licence under clause 10.12(1)(a), the CEO or authorised person shall give written notice to the licence holder of the proposed suspension. (a) state that the CEO or authorised person proposes to suspend the licence; (b) state the reasons for the proposed suspension; and (c) inform the licence holder that the licence holder is entitled to make representation to the CEO or authorised person in respect of the proposed suspension within 7 days after the day on which the licence holder is given the notice. (3) In considering whether to suspend the licence, the CEO or authorised person shall have regard to any representations made by the licence holder within the period referred to in subclause (2)(c). 10.14 Revocation of suspension (1) The CEO or an authorised person shall, by written notice given to the licence holder revoke the suspension of a licence if the CEO or authorised person is satisfied that the steps specified in the suspension notice have been taken. (2) The CEO or an authorised person may, by written notice given to the licence holder, revoke the suspension of the licence if it is appropriate to do so in the circumstances of a particular case. 10.15 Period of suspension The suspension of a licence 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 10.14; (b) the licence is cancelled under clause 10.16 or expires; or (c) the licence is surrendered in accordance with the provisions of this local law. 10.16 Cancellation of licence A licence may be cancelled by the CEO or an authorised person if— (a) the licence was obtained improperly; (b) the licence holder has persistently or frequently contravened a term or condition of the licence, or a provision of this local law, whether or not the licence is or has been suspended on the grounds of a contravention; or

16 February 2022 GOVERNMENT GAZETTE, WA 355 (c) there are reasonable grounds for believing that the continued provision of the activity constitutes or would constitute an unacceptable risk to the safety of the public, whether or not the licence has been suspended on the grounds of that risk. 10.17 Surrender of licence A licence holder may, at any time by notice in writing to the local government, surrender the licence. Division 4—Responsibilities of licence holders and others 10.18 Production of licence A licence holder shall produce to an authorised person her or his licence immediately after being required to do so by that authorised person. 10.19 Production of licence document for amendment If the CEO or an authorised person amends or renews a licence, the licence holder shall, if required by the CEO or an authorised person, produce the licence document to the CEO or authorised person for amendment within the period specified by the CEO or authorised person. 10.20 Return of licence document if licence no longer in effect (1) The person who was the licence holder shall, as soon as practicable return the licence document to the local government if a licence— (a) has expired or has not been renewed; (b) has been suspended or cancelled; or (c) has been surrendered. (2) On the cancellation of a licence under clause 10.16 the licence holder is to be taken to have forfeited any fees paid in respect of the licence. 10.21 Other responsibilities of licence holder A licence holder shall, in respect of local government property to which the licence relates— (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 an instruction from the CEO or an authorised person to take the action specified in the instruction 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 all reasonable action to prevent the consumption of any liquor on the local government property unless the licence allows it and a licence has been obtained under the Liquor Control Act for that purpose. 10.22 Advertising A person shall 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 licence authorising that commercial activity. NOTICES 11.1 Notice to remedy non-compliance Where any thing is required to be done or not permitted to be done by this local law, the CEO or an authorised person may give a notice in writing— (a) to the owner or the occupier of the property which abuts that portion of the thoroughfare where the thing has been done or not done; or (b) to any other person who may be responsible for the thing done or not done, requiring the person to comply with the requirements of this local law. 11.2 Notice regarding damage A person who unlawfully removes, damages or interferes with local government property or portion of a thoroughfare commits an offence and may be given a notice in accordance with clause 11.3. 11.3 Notice requirements (1) A notice given under this Part shall— (a) be in writing; (b) be given to the person referred to in clause 11.1 or 11.2 as the case may be; (c) specify the reason for giving the notice; (d) specify the action that is required to be undertaken; and (e) specify the time within which the work or action is to be undertaken. (2) At the local government’s discretion, the action that may be required to be undertaken is— (a) to take or cease such action as may be required for compliance with this local law; (b) to reinstate the property to the state it was in before the removal, damage or interference;

356 GOVERNMENT GAZETTE, WA 16 February 2022 (c) replace that property; or (d) pay for the costs of reinstatement or replacement. 11.4 Offence to fail to comply with notice A person who fails to comply with a notice given to her or him under this local law commits an offence. 11.5 Local government may undertake requirements of notice If a person fails to comply with a notice referred to in clauses 11.1 or 11.2, the local government may— (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; (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 all costs from the person, as a debt. OBJECTIONS AND REVIEW 12.1 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 licence or consent. OFFENCES AND PENALTIES 13.1 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 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. 13.2 Prescribed offences (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of a modified penalty for a prescribed offence is the number specified adjacent to the clause in Schedule 1. 13.3 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 Local Government (Functions and General) Regulations 1996; (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 Local Government (Functions and General) Regulations 1996; 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 Local Government (Functions and General) Regulations 1996. (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. 13.4 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) Unless the contrary is proved, it is to be presumed 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—PRESCRIBED OFFENCES [clause.13.2] $

Part 2—Determination in respect of local government property 1 2.4 Failure to comply with a determination 100

Part 3—Activities on local government property 2 3.1 Undertaking activity on local government property without a licence 100

16 February 2022 GOVERNMENT GAZETTE, WA 357 $ 3 3.2(3) Camping on local government property or erecting an unauthorised structure 100 4 3.3(1) Failure to obtain licence to possess, consume or sell liquor 100

Part 4—Behaviour on local government property and thoroughfares 5 4.3 Behaviour interfering with others 100 6 4.4 Behaviour detrimental to property 200 7 4.5 Unauthorised entry to function 100 8 4.6(2) Taking or injuring fauna without authorisation 200 9 4.7(2) Removing, damaging or depositing flora without authorisation 200 10 4.8 Animal on local government property without a licence 100 11 4.9 Improper disposal of waste on local government property 100 12 4.10(1) Unauthorised vehicle on local government property 100 13 4.10(2) Unauthorised driving of a vehicle at more than 20km/hr on local government property 100 14 4.10(3) Unauthorised driving of a vehicle on local government property during a function 100 15 4.11 Unauthorised use of a UAV 50 16 4.12 Unauthorised archery, pistol or rifle shooting on local government property 200 17 4.13 Unauthorised playing or practising golf on local government property 100 18 4.14 Unauthorised use of bicycle, skateboard etc. on local government property 50

Part 5—Matter relating to particular local government property 19 5.1 Unauthorised entry to fenced, closed or restricted local government property 100 20 5.2(1) Unauthorised entry to gender specific toilet block or change room 100 21 5.3 Unauthorised use of toilet block or change room 100

Part 6—Activities in thoroughfares 22 6.1(a) Planting or allowing plant or verge treatment in thoroughfare to become a sightline hazard 100 23 6.1(b) Damaging a lawn or garden in a thoroughfare 100 24 6.1(c) Damaging or removing whole or part of a street tree without authorisation 200 25 6.1(d) Obstruction of or permitting a hazard in a thoroughfare 100 26 6.1(e) Damaging, removing or interfering with thoroughfare, part of thoroughfare, sign or structure in a thoroughfare without authorisation 100 27 6.1(f) Playing games in thoroughfare so as to impede vehicles or persons 100 28 6.2(1) (a), (d), (e), (f), (g), (j) Unauthorised activity in a thoroughfare causing damage 29 6.2(1) (b), (c), (h), (i), (k), (l), (m), (n), (o), (p), (q) Unauthorised activity in a thoroughfare causing inconvenience 30 6.4 Driving on a closed thoroughfare 100 31 6.7(1) Unauthorised verge treatment 100 32 6.8 (a), (b), (d), (e) Failure to keep permitted verge treatment in good and tidy condition, obstruct a thoroughfare, footpath, drain, or driveway 33 6.8(c) Placing an obstruction on or around a verge treatment 50 34 6.8(f) Failure to ensure sprinklers or reticulation pipes do not protrude, do not cause inconvenience to pedestrians, or present a hazard 100

358 GOVERNMENT GAZETTE, WA 16 February 2022 $ 35 6.11(1) Failure to obtain licence for a temporary crossover 200 36 6.12 Failure to remove redundant crossover or reinstate kerb, drain, footpath, verge or thoroughfare 200 37 6.13 Failure to remove crossover in unsafe location 500

Part 7—Activities in public places 38 7.1(1) Animal or vehicle obstructing public place without authorisation 100 39 7.2(2) Animal in public place when not led, ridden or driven 100 40 7.2(3) Horse being led, ridden or driven in a thoroughfare without authorisation 100

Part 8—Temporary signs 41 8.3(1) Placement of non-compliant temporary sign, or posting a bill or painting, or placing an advertisement without authorisation 100

Part 9—Signs and powers to give directions 42 9.1(2) Failure to comply with condition of use indicated by a sign 100 43 9.3(1) Failure to comply with direction of authorised person 100 44 9.3(2) Obstruction or hindrance of an authorised person 100 45 9.4(1)(c) Failure to comply with period of refusal or suspension 200 46 9.4(2) Failure to leave a venue when instructed by an authorised person 200

Part 10—Licencing 47 10.5 False or misleading statement in application for a licence 200 48 10.8 Failure to comply with licence condition 100 49 10.18 Failure to produce licence for inspection when required 100 50 10.19 Failure to produce licence for amendment when required 100 51 10.20 Failure to return licence when no longer in effect 100 52 10.21 Failure to comply with other responsibilities of licence holder 100 53 10.22 Advertising of commercial activity in a public space without holding a licence 200

Part 11—Notices 54 11.4 Failure to comply with notice 100

Part 13—Offences and penalties 55 13.1 Offence not elsewhere specified 100 ————

360 GOVERNMENT GAZETTE, WA 16 February 2022 CONTENTS PART 1—PRELIMINARY 1.4 Terms used PART 2—SANITATION Division 1—Sanitary conveniences 2.1 Interpretation 2.2 Dwelling house 2.3 Premises other than a dwelling house 2.4 Events 2.5 Toilets 2.6 Temporary sanitary conveniences at temporary work sites 2.7 Maintenance of sanitary conveniences and fittings 2.8 Ventilation of toilets 2.9 Public sanitary conveniences 2.10 Lighting 2.11 Installation Division 2—Bathrooms, laundries and kitchens 2.12 Bathrooms 2.13 Laundries 2.14 Washing or keeping of clothes in kitchens 2.15 Kitchens PART 3—HOUSING AND GENERAL Division 1—Maintenance of dwelling houses 3.1 Dwelling house maintenance Division 2—Ventilation of dwelling houses 3.2 Exemption for short term hostels and recreational campsites 3.3 Overcrowding 3.4 Calculated sufficient space 3.5 Ventilation 3.6 Sub–floor ventilation Division 3—Water supply 3.7 Water supply 3.8 Rain water tanks 3.9 Bores and wells 3.10 Pollution Division 4—Second-hand furniture, bedding and clothing 3.11 Prohibition on sale 3.12 Prohibition of possession PART 4—LIQUID REFUSE AND LQUID WASTE 4.1 Interpretation 4.2 Deposit of liquid refuse 4.3 Disposal of liquid waste

16 February 2022 GOVERNMENT GAZETTE, WA 361 PART 5—NUISANCES AND GENERAL Division 1—Nuisances 5.1 Interpretation 5.2 Transportation, use and storage of offal, blood or other offensive material 5.3 Use or storage of fertiliser 5.4 Storage and dispatch of artificial fertiliser 5.5 Storage of fertiliser and compost 5.6 Movement of commercial vehicles 5.7 Footpaths etc, to be kept clean 5.8 Disposing of disused refrigerators or similar containers 5.9 Storage of vehicles, vessels and machinery Division 2—Slaughter and disposal of dead animals 5.10 Slaughter of animals 5.11 Disposal of dead animals PART 6—ENVIRONMENT Division 1—Dust, smoke, fumes and odours 6.1 Interpretation 6.2 Dust management 6.3 Burning of cleared vegetation on building or development site prohibited 6.4 Burning of rubbish, refuse or other material 6.5 Escape of dust, smoke, fumes or odours Division 2—Stormwater management 6.6 Containment and disposal of stormwater Division 3—Light 6.7 Use of exterior lights 6.8 Emission or reflection of light PART 7—ANIMALS AND BIRDS Division 1—Keeping of animals and birds 7.1 Cleanliness 7.2 Nuisance caused by animals or birds 7.3 Animal and bird enclosures 7.4 Keeping of fauna Division 2—Keeping of animals 7.5 Interpretation 7.6 Cats 7.7 Requirements for keeping approved animals 7.8 Limitation on numbers of other animals Division 3—Keeping of birds 7.9 Interpretation 7.10 Commercial poultry establishments 7.11 Limitation on numbers of pigeons, poultry and miscellaneous birds 7.12 Requirements for keeping poultry 7.13 Roosters, geese, turkeys, peafowl, emu and ostrich PART 8—PEST CONTROL 8.1 Interpretation 8.2 Measures to be taken for control of flies 8.3 Measures to be taken to prevent breeding of mosquitoes 8.4 Measures to be taken to eradicate rodents 8.5 Measures to be taken to eradicate cockroaches 8.6 Measures to be taken to keep premises free from Argentine ants 8.7 Measures to be taken to keep premises free from European wasp nests 8.8 Measures to be taken to keep premises free from arthropod vectors of disease

362 GOVERNMENT GAZETTE, WA 16 February 2022 PART 9—INFECTIOUS DISEASES 9.1 Requirements for an owner or occupier to clean, disinfect and disinfest 9.2 Authorised person may disinfect or disinfest premises 9.3 Insanitary dwelling houses, premises and things 9.4 Persons in contact with an infectious disease sufferer 9.5 Declaration of infected dwelling house or premises 9.6 Destruction of infected animals 9.7 Disposal of a body 9.8 Disposal of used condoms 9.9 Disposal of used needles PART 10—LODGING HOUSES Division 1—Registration 10.1 Interpretation 10.2 Accommodation not to be kept unless registered 10.3 Application for registration 10.4 Determination of application 10.5 Suspension or revocation of registration of a lodging house Division 2—Construction and use requirements 10.6 General construction requirements 10.7 Insect screening 10.8 Sanitary conveniences 10.9 Laundry unit 10.10 Kitchen 10.11 Cooking facilities 10.12 Dining room 10.13 Lounge room 10.14 Fire prevention and control 10.15 Obstruction of passages and stairways 10.16 Fitting of locks 10.17 Restriction on use of rooms for sleeping 10.18 Sleeping accommodation, short term hostels and recreational campsites 10.19 Furnishing etc. of sleeping apartments 10.20 Ventilation 10.21 Room identification Division 3—Management and care 10.22 Duties of keeper 10.23 Register of lodgers 10.24 Keeper report 10.25 Certificate in respect of sleeping accommodation 10.26 Duplicate keys and inspection 10.27 Room occupancy 10.28 Maintenance of a room by a lodger or resident 10.29 Cleaning and maintenance requirements 10.30 Responsibilities of lodgers and residents 10.31 Approval for storage and consumption of food 10.32 Infectious disease PART 11—OFFENSIVE TRADES 11.1 Interpretation 11.2 Application to establish an offensive trade 11.3 Notice of application 11.4 Registration of premises 11.5 Certificate of registration of premises for offensive trade 11.6 Transfer of business premises 11.7 Alterations to premises

16 February 2022 GOVERNMENT GAZETTE, WA 363 Division 2—General duties of an occupier 11.8 Interpretation 11.9 Cleanliness of premises etc. 11.10 Sanitary conveniences and hand wash basins 11.11 Painting of walls etc. 11.12 Effluvia, odours, gases or dust 11.13 Receptacles for disposal of offensive material 11.14 Storage of materials 11.15 Sleeping on premises 11.16 Written notice Division 3—Fat rendering establishments 11.17 Interpretation 11.18 Ventilation 11.19 Covering of apparatus 11.20 Walls to be impervious Division 4—Fish premises 11.21 Interpretation 11.22 Fish preparation room 11.23 Bench 11.24 Disposal of waste 11.25 Fish containers 11.26 Cooking of fish 11.27 Use of an approved portable box 11.28 Fish transport vehicle

Division 5—Laundries, dry cleaning establishments and dye works 11.29 Interpretation 11.30 Receiving depot 11.31 Reception room 11.32 Walls and floors 11.33 Laundry floor 11.34 Escape of dust 11.35 Precautions against combustion 11.36 Trolleys

Division 6—Abattoirs 11.37 Construction of abattoirs

PART 12—LICENCING 12.1 Application for licence 12.2 Decision on application for licence 12.3 General restrictions on grant of licence 12.4 Examples of conditions 12.5 Imposing conditions under a policy 12.6 Compliance with conditions 12.7 Variation of licence Division 2—Duration of licences 12.8 Duration of licence 12.9 Renewal of licence 12.10 Transfer of licence 12.11 Surrender of licence Division 3—Responsibilities of licensees and others 12.12 Production of licence 12.13 Production of licence document for amendment 12.14 False or misleading statement

364 GOVERNMENT GAZETTE, WA 16 February 2022 PART 13—GIVING OF NOTICE 13.1 Notice to remedy non-compliance 13.2 Notice of proposed suspension of licence 13.3 Notice of suspension of licence 13.4 Notice of cancellation of suspension of licence 13.5 Notice of proposed revocation of licence 13.6 Notice of revocation of licence 13.7 Local government may undertake requirements of notice

PART 14—OBJECTIONS AND APPEALS 14.1 Objections and appeals

PART 15—ENFORCEMENT 15.1 Offences 15.2 General penalty 15.3 Modified penalties 15.4 Form of infringement notices SCHEDULE—MODIFIED PENALTIES

16 February 2022 GOVERNMENT GAZETTE, WA 365 Under the powers conferred by the Local Government Act 1995, the Cat Act 2011 and under all other powers enabling it, the Shire of Menzies resolved on 27 January 2022 to make the following local law.

PART 1—PRELIMINARY This local law may be cited as the Shire of Menzies Health Local Law 2022. This local law comes into operation 14 days after the date of its publication in the Government Gazette. This local law applies throughout the district of the local government. 1.4 Terms used (1) In this local law, unless the context otherwise requires— Act means the Health (Miscellaneous Provisions) Act 1911; adequate means satisfactory or fit for purpose or, if there is any doubt, at the discretion of an authorised person; adequate supply of water means a flow of water of not less than five litres per minute; apparatus for the treatment of sewage has the same meaning as in section 3 of the Act; AS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by Standards Australia, as amended from time to time, and available for viewing free of charge at the Shire of Menzies Administration Centre; AS 1530.2:1993 means Australian Standard for Methods for fire tests on building materials, components and structures—Test for flammability of materials; AS 1530.3:1999 means Australian Standard for Methods for fire tests on building materials, components and structures—Simultaneous determination of ignitability, flame propagation, heat release and smoke release; AS 1668.2: 2012 means Australian Standard for the use of ventilation and air conditioning in buildings—Mechanical ventilation in building; AS 2001.5.4:2005 means Australian Standard for Methods of test for textiles—Dimensional change—Domestic washing and drying procedures for textile testing (ISO 6330:2000, MOD); AS 2293.1:2018 means Australian Standard for Emergency escape lighting and exit signs for buildings—System design, installation and operation; AS 3786:2014 means Australian Standard for Smoke alarms using scattered light, transmitted light or ionization; AS/NZS ISO 717.1:2013 means Australian Standard for Acoustics—Rating of sound insulation in buildings and of building elements—Airborne sound insulation; authorised person means a person appointed under— (a) the provisions of the Public Health Act 2016 as an authorised person; or (b) the Local Government Act 1995; and (c) includes a person appointed by the local government as an Environmental Health Officer; bed means a piece of furniture on which to sleep; bedding includes beds, mattresses, pillows and bed heads as well as bed linen; bed linen includes sheets, blankets, pillow cases, quilts and doona covers, and mattress covers; builder means the holder of a building permit issued in respect of building works on a building site or a person in control of a building site; building permit means a permit granted under section 20 of the Building Act 2011; building site means any lot for which a building permit is current; Chief Health Officer means a person appointed to this position under the provisions of the Public Health Act 2016; Council means the Council of the local government; district means the district of the local government and includes any area placed under the jurisdiction of the local government pursuant to section 22 of the Act;

366 GOVERNMENT GAZETTE, WA 16 February 2022 drinking water means drinking water as defined in the Australian Drinking Water Guidelines developed by the National Health and Medical Research Council; dwelling house means a place of residence, whether temporary or permanent, containing at least one sleeping room and includes a room or outbuilding separate from, but ancillary to, the building in which the sleeping room is located; habitable room means a room used for normal domestic activities; and (a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, play-room, family room and sun-room; but (b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby, photographic dark room, clothes-drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods; hot water means water at a temperature of at least 65 degrees Celsius; infectious disease has the meaning given to it by— (a) section 3(1) of the Act; and (b) includes a notifiable infectious disease; land has the meaning given to it by the Planning and Development Act 2005; licence means a licence, permit, registration or approval issued by the local government under this local law; local government means the Shire of Menzies; local planning scheme has the meaning given to it by the Planning and Development Act 2005; lot has the meaning given to it by the Planning and Development Act 2005; morgue means a place for the temporary reception and keeping of the bodies of the dead awaiting burial or cremation; NCC means the latest edition of the National Construction Code published from time to time by, or on behalf of, the Australian Building Codes Board, as amended from time to time, but not including explanatory information published with that Code; nuisance includes the meaning given to it in section 182 of the Act; noise has the meaning given to it by section 3 of the Environmental Protection Act 1986; occupier has the meaning given to it in section 3 of the Act and includes a builder or contractor on land where the context permits; owner has the meaning given to it in section 3 of the Act; public place includes every place to which the public ordinarily have access, whether by payment of a fee or not; refuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron, timber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and waste food, and includes any broken, used, derelict or discarded matter; sanitary convenience includes urinals, toilets, sinks, baths, wash troughs, apparatus for the treatment of sewage, or other receptacle for the deposit of faecal matter, or refuse, and all similar conveniences; Schedule means a Schedule to this local law; set fee means a fee— (a) as prescribed by legislation; or (b) in any other instance, as fixed by the local government from time to time under sections 6.16 to 6.19 of the Local Government Act 1995; sewage means any kind of sewage, faecal matter or urine, and any waste composed wholly or in part of liquid; sewer includes sewers and drains of every description, except drains to which the word “drain” as defined in the Act applies, also water channels constructed of stone, brick, concrete, or any other material, including the property of the local government; stormwater means any naturally occurring water that results from rainfall on or around a site, or water flowing onto the site; street includes any highway, and any public bridge, and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; thoroughfare has the meaning given to it by section 1.4 of the Local Government Act 1995; toilet means a toilet bowl, or urinal and includes a room or cubicle in which one or more of these are located; townsite means the townsites of Menzies and Kookynie, which are— (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in section 37 of Schedule 9.3 of the Local Government Act 1995; urinal may be— (a) an individual stall or wall hung urinal; (b) each 600 millimetres length of a continuous urinal trough; or (c) a toilet bowl used in place of a urinal;

16 February 2022 GOVERNMENT GAZETTE, WA 367 vectors of disease means those pests as defined in clause 8.1; vermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether vertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage to human food, habitation or possessions; window includes a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door, or other device which transmits natural light directly from outside a building to the room concerned when in the closed position; and written notice means a notice issued in accordance with Part 14. PART 2—SANITATION Division 1—Sanitary conveniences 2.1 Interpretation event includes a fair, function or festival; organiser means a person— (a) to whom approval has been granted by an authorised person to conduct the event; or (b) responsible for the conduct of the event; public sanitary convenience means a sanitary convenience to which the public ordinarily have access; receptacle for drainage has the same meaning as in the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974 and includes the irrigation effluent disposal area of an aerobic treatment system; and temporary sanitary convenience means a sanitary convenience, temporarily placed for use by— (a) patrons in conjunction with an event; or (b) employees at construction sites or the like. 2.2 Dwelling house (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has at least one toilet. (2) A room in which a toilet is located shall have adequate lighting and ventilation. 2.3 Premises other than a dwelling house (1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or occupied, premises other than a dwelling house unless— (a) the premises have sanitary conveniences in accordance with the NCC and this Part; (b) the toilets required by this local law are situated within 90 metres and are easily accessible to the persons for whom they are provided; and (c) the premises have hand wash basins— (i) in accordance with the NCC; (ii) for the use of persons employed or engaged on the premises; (iii) provided with an adequate supply of water supplied by taps located over each hand wash basin; (iv) separate from any trough, sink or basin used in connection with any process carried out on the premises; and (v) situated within a reasonable distance of the sanitary conveniences and easily accessible to the person for whom they are provided. (2) The occupier of premises other than a dwelling house shall ensure that— (a) clean toilet paper is available at all times in each cubicle; (b) a sanitary napkin disposal facility is provided in each toilet provided for the use of females; and (c) each hand wash basin is provided with— (i) an adequate supply of soap or other hand cleaning substances; and (ii) hand drying facilities, situated adjacent to and visible from the hand wash basin. 2.4 Events The organiser of an outdoor event shall provide sanitary conveniences in accordance with the recommendations contained within the Department of Health’s ‘Guidelines for concerts, events and organised gatherings’. 2.5 Toilets (1) Toilets on premises shall be maintained in accordance with the following requirements— (a) the door to a toilet, other than an internal door, shall be properly screened to a continuous height of 1.8 metres from the floor; (b) a toilet or its entrance, which is visible from overlooking windows, shall be properly screened;

368 GOVERNMENT GAZETTE, WA 16 February 2022 (c) unless otherwise approved by an authorised person, a toilet shall not be directly accessible from a kitchen or a room where food is stored, prepared, served or consumed; (d) the floor of any internal toilet shall be— (i) of concrete or of other approved impervious material of an approved thickness; and (ii) unless otherwise approved graded to a floor waste outlet and proper discharge pipe with flap valve fitted and, where necessary, protected by an approved sump; and (e) the floor of any external toilet shall be— (i) of concrete or of other approved impervious material of an approved thickness; and (ii) graded to the door or alternatively an approved outlet. (2) Toilets on premises other than a dwelling house shall be maintained in accordance with the following additional requirements— (a) toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of females unless the toilets are separated by a wall extending from floor to ceiling and of sufficient density to have a sound transmission class of not less than 50 as required by AS/NZS ISO 717.1:2013; and (b) where more than one toilet is provided on the premises, the entrance to each toilet shall bear a suitable sign indicating for which sex its use is intended. 2.6 Temporary sanitary conveniences at temporary work sites A person who undertakes temporary work at any place shall ensure that every temporary sanitary convenience is— (a) installed and maintained in accordance with the requirements of the Health (Temporary Sanitary Conveniences) Regulations 1997; and (b) removed within 48 hours of completion of works. 2.7 Maintenance of sanitary conveniences and fittings (1) The occupier of premises shall— (a) keep clean, in good condition and repair; and (b) whenever required by an authorised person, effectively disinfect and clean; all sanitary conveniences and sanitary fittings in or on the premises. (2) The owner of premises shall— (a) keep or cause to be kept in good repair; and (b) maintain an adequate supply of water to all sanitary conveniences including sanitary fittings in or on the premises. 2.8 Ventilation of toilets (1) A toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation and Construction) Regulations 1971 and the NCC. (2) A mechanical ventilation system provided under subclause (1) shall be maintained in good working order and condition. 2.9 Public sanitary conveniences (1) A person shall not— (a) foul; (b) damage or vandalise; or (c) write on or otherwise deface a public sanitary convenience or sanitary fittings on the premises in which the public sanitary convenience is located. (2) A person shall not live or sleep in the premises in which a public sanitary convenience is located or use it for a purpose other than that for which it was intended. 2.10 Lighting The owner and occupier of premises in which a sanitary convenience or a public sanitary convenience is located shall provide and maintain adequate lighting for persons using the convenience. 2.11 Installation Every sanitary convenience shall— (a) be installed in accordance with the requirements of— (i) the Country Areas Water Supply Act 1947; and (ii) the Health (Treatment of Sewage and Disposal of Effluent and Liquid Wastes) Regulations 1974; and (iii) the Water Services Act 2012; and (b) have an adequate supply of water.

16 February 2022 GOVERNMENT GAZETTE, WA 369 Division 2—Bathrooms, laundries and kitchens 2.12 Bathrooms (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a bathroom that— (a) is adequately lined with an impervious material and has a ceiling complying with the NCC; (b) complies with the Health Act (Laundries and Bathrooms) Regulations and the NCC: and (c) is equipped with— (i) a hand wash basin; and (ii) either a shower in a shower recess or a bath. (2) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate supply of hot and cold water. (3) The floor of the bathroom shall be properly surfaced with an even fall to a floor waste unless otherwise approved, suitably trapped and discharging to— (a) the sewer of a licensed water service operator; or (b) an apparatus for the treatment of sewage approved by an authorised person. 2.13 Laundries (1) A laundry shall comply with the requirements of the Health Act (Laundries and Bathrooms) Regulations and the NCC. (2) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored, prepared, served or consumed, the laundry shall be separated from the kitchen by a wall extending from the floor to the roof or ceiling unless otherwise approved. (3) Where there is an opening between a laundry and a kitchen or other room where food is stored, prepared, served or consumed, the opening shall— (a) not be more than 1220 millimetres wide; and (b) have a door, which when closed shall completely fill the opening. (4) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a laundry (a) is properly enclosed and roofed; (b) is adequately lined with an impervious material; (c) has a floor of concrete or other approved impervious material of an approved thickness; (d) is properly surfaced, with an even fall to a floor waste unless otherwise approved, suitably trapped and discharging to— (i) the sewer of a licensed water service operator; or (ii) an on-site waste water disposal system of a type approved by an authorised person; and (e) is provided with adequate ventilation. (5) In the case of a single occupancy dwelling house, the laundry referred to in subclause (1) shall have— (a) either— (i) two wash troughs; or (ii) a washing machine and either a wash trough or a sink; and (b) a clothes drying facility comprising either— (i) a mechanical clothes dryer; or (ii) not less than 20 metres of clothes line erected externally. (6) All wash troughs, sinks and washing machines shall be— (a) in a laundry and connected to an adequate supply of hot and cold water; and (b) installed to manufacturer’s specifications, and all wash troughs shall have a capacity of at least 36 litres. (7) Sole or multiple occupancy units, each being a separate dwelling house, shall have— (a) laundry facilities for the exclusive use of the occupants of each unit; or (b) a separate laundry, with communal laundry facilities for up to four sole occupancy units that do not have their own laundry facilities. 2.14 Washing or keeping of clothes in kitchens A person shall not in any kitchen or other place where food is kept— (a) wash or permit to be washed any clothing or bedding; or (b) keep or permit to be kept any soiled clothing or bedding. 2.15 Kitchens cooking facility includes a stove, oven, facility or appliance used for or in connection with the cooking of food.

370 GOVERNMENT GAZETTE, WA 16 February 2022 (2) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a kitchen which complies with the requirements of the NCC and which is equipped with— (a) a cooking facility which is adequate in the opinion of an authorised person; and (b) a sink which is adequate in the opinion of an authorised person and which has an adequate supply of hot and cold water. (3) The occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in good order and repair and fit for use. (4) A cooking facility shall— (a) be installed in accordance with the requirements of— (i) the Department of Mines, Industry Regulation and Safety; and (ii) the manufacturer’s specifications; and (b) not be installed or used in any room other than a kitchen. (5) Mechanical ventilation that is installed in a kitchen, shall be— (a) carried to the outside air as directly as practicable unless adequately filtered for recirculation; and (b) boxed throughout. (6) Mechanical ventilation shall be maintained in good working order and condition. PART 3—HOUSING AND GENERAL Division 1—Maintenance of dwelling houses 3.1 Dwelling house maintenance The owner or occupier of a dwelling house shall maintain the dwelling house and any appurtenant buildings, in sound condition and fit for use and, in particular, shall— (a) maintain all roofs, guttering and downpipes in a good state of repair, clean and free from obstructions; (b) maintain any footings, foundations and walls, either external or internal, in a sound condition; (c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material in any verandah, roof, walls, steps, handrails, floors or their supports with material of sound quality; (d) comply with any direction in writing given by an authorised person to treat the premises for the purpose of destroying any termites; (e) maintain any brick, stone, mortar or cement work in a sound condition; (f) maintain, repair or replace any flashings, damp proof course or ant caps, which are missing or defective; (g) maintain all ventilators in good order and repair; (h) maintain all floors even and level in surface and free from cracks and gaps; (i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and fittings complete and with smooth unbroken surfaces; (j) maintain all doors and windows in good working order and weatherproof condition; (k) retain all natural lighting free from any obstruction which would reduce the natural lighting, below the ratio of 10% of the floor area; (l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so that they comply in all respects with— (i) the provisions of the Water Services Act 2012; (ii) the NCC with regards to plumbing and relevant associated standards; and (iii) any other legal requirements to which they are subject; and (m) maintain all electric wiring, gas services and fittings to comply in all respects with the requirements of all relevant public authorities. Division 2—Ventilation of dwelling houses 3.2 Exemption for short term hostels and recreational campsites This Division shall not apply to short term hostels and recreational campsites referred to in Division 2 of Part 10. 3.3 Overcrowding The owner or occupier of a dwelling house shall not permit— (a) a room in the dwelling house that is not a habitable room to be used for sleeping purposes; (b) a habitable room in the dwelling house to be used for sleeping purposes unless— (i) for every person over the age of 10 years using the room there is at least 14 cubic metres of air space per person; and (ii) for every person between the ages of one and ten years there is at least eight cubic metres of air space per person; or

16 February 2022 GOVERNMENT GAZETTE, WA 371 (c) any structure classified as Class 10(a) under the NCC, including but not limited to a garage, shed or area under a verandah or patio to be used for sleeping purposes. 3.4 Calculated sufficient space For the purpose of clause 3.5, in calculating the space required for each person— (a) each room shall be considered separately and sufficient space shall be allowed in each room for the number of persons present in the room at any one time; (b) a deduction shall be made for the space occupied by furniture, fittings and projections of the walls into a room; and (c) the space required includes ceilings measured up to a height of 2700 millimetres. 3.5 Ventilation (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless the dwelling house is properly ventilated. (2) For the purpose of subclause (1) a dwelling house shall be deemed to be properly ventilated if it complies with the NCC, including the provision of— (a) natural ventilation; or (b) a mechanical ventilation or air–conditioning system. (3) The owner of a dwelling house provided with a mechanical ventilation or air-conditioning system as its only or prime means of ventilation shall ensure that the system is— (a) maintained in good working order and condition; and (b) in use at all times the building is occupied. (4) If a dwelling house is not properly ventilated, the owner of the dwelling house may be required by written notice given by an authorised person to undertake remedial actions including but not limited to— (a) providing a different, or additional method of ventilation; or (b) ceasing to use the dwelling house until it is properly ventilated. 3.6 Sub–floor ventilation The owner or occupier of a dwelling house shall make provision for any sub–floor ventilation by ensuring that air bricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like. Division 3—Water supply 3.7 Water supply (1) The owner of every dwelling house shall provide a continuous supply of drinking water, reticulated for use and obtained from— (a) a licensed water service operator; (b) an underground bore; (c) a rainwater storage system; or (d) an alternative supply approved by the Chief Health Officer. (2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the house. (3) The water supply to toilets or for garden use may be from an alternative source that is not necessarily drinking water but shall comply with the requirements of relevant legislation, codes of practice or guidelines where applicable. 3.8 Rain water tanks (1) The owner or occupier of a dwelling house for which part of the drinking water supply is drawn from a rain water tank shall— (a) ensure that it is managed and maintained so as to meet the relevant standards in the Australian Drinking Water Guidelines developed by the National Health and Medical Research Council; (b) maintain in a clean condition— (i) the roof forming the catchment for the tank; and (ii) the guttering and downpipes appurtenant to the roof; and (c) ensure that each rain water tank is fitted with a tight fitting mosquito proof cover which shall not be removed at any time except for the purpose of cleaning, repairing or maintaining the tank. (2) The owner or occupier of a dwelling house for which its entire water supply is drawn from a rain water tank or tanks shall ensure that the storage capacity of the tank or tanks is not less than 120,000 litres. 3.9 Bores and wells The owner or occupier of any premises shall not use or permit for human consumption the use of the water of any bore or well unless the bore or well is— (a) at least 30 metres from any soak well or other possible source of pollution unless otherwise approved by the Chief Health Officer; and

372 GOVERNMENT GAZETTE, WA 16 February 2022 (b) covered with a tight–fitting cover without openings of any sort other than those essential for the insertion of a pump; and (c) compliant with the requirements of the Health Act (Underground Water Supply) Regulations 1959. 3.10 Pollution A person shall not deposit on or under any land, any sewage, offensive matter or any other thing which may pollute or render unfit for human consumption, water from a well or other underground source. Division 4—Second-hand furniture, bedding and clothing 3.11 Prohibition on sale A person shall not offer for sale or sell any second-hand furniture, bedding or clothing, which is filthy or infested with vectors of disease. 3.12 Prohibition of possession A dealer in second-hand furniture, bedding or clothing shall not have on any premises used for the operation of the business any second-hand furniture, bedding or clothing which is filthy or infested with vectors of disease. PART 4—LIQUID REFUSE AND LIQUID WASTE 4.1 Interpretation liquid refuse includes all washings from the commercial cleaning of vehicles, overflow, bleed off, condensate and drainage from air conditioning equipment including cooling towers and evaporative coolers and other liquid used for cooling purposes and swimming pool discharges; liquid waste means— (a) wastewater or any other waste in liquid form from domestic, industrial or commercial activities, other than effluent; (b) includes bathroom, kitchen, scullery and laundry wastes, all washings from animal and poultry pens and any other domestic or trade wastes that are discharged by means of a drain to a receptacle for drainage; and (c) includes waste from any process or activity, whether useful or useless, that is in liquid form and includes paint, fuel, grease, fat, oil, degreaser, solvent, detergent, chemical, animal waste, food waste, effluent and all discharges of liquid to land, air or water that are not otherwise authorised by a written law but does not include uncontaminated stormwater; and receptacle for drainage has the same meaning as in the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974. 4.2 Deposit of liquid refuse (1) A person shall not deposit or cause or permit to be deposited liquid refuse— (a) on a street; (b) in a stormwater disposal system; or (c) on any land or place other than a place or depot duly authorised for that purpose. (2) Notwithstanding subclause (1), in the case of swimming pool back wash water, discharge is permitted— (a) into soak wells of adequate capacity; or (b) onto a road verge for the purpose of watering gardens or vegetation, without discharge onto a road or into a stormwater drain. (3) The owner or occupier of land on which a swimming pool is constructed shall ensure that backwash water is not permitted to discharge onto or run-off onto adjacent land or so as to cause a nuisance, or cause damage to any structures situated on adjacent land. 4.3 Disposal of liquid waste (1) The owner or occupier of premises shall— (a) provide, by one of the methods prescribed in this clause, for the disposal of all liquid waste produced on the premises; and (b) at all times maintain in good working order and condition any apparatus used for the disposal of liquid waste. (2) Liquid waste shall be disposed of by one of the following methods— (a) discharging it into the sewerage system of a licensed water service operator in a manner approved by the licensed water service operator; (b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and liquid waste approved by the Chief Health Officer or an authorised person; or (c) collection and disposal at an approved liquid waste disposal site in a manner approved by the Chief Health Officer.

16 February 2022 GOVERNMENT GAZETTE, WA 373 PART 5—NUISANCES AND GENERAL Division 1—Nuisances 5.1 Interpretation car park means premises, or any part of premises, set aside for parking of 3 or more motor vehicles; dust means any visible granular or particulate material which has or has the potential to become airborne and includes organic and non-organic matter and sand, but does not include smoke; fertiliser includes manure; and liquid waste has the same meaning as in clause 4.1. 5.2 Transportation, use and storage of offal, blood or other offensive material A person shall not transport or store offal or blood, for the purpose of being used as manure, unless it has been sterilised by— (a) steam, and properly dried; or (b) some other effective method approved by an authorised person. 5.3 Use or storage of fertiliser An owner or occupier of premises shall not use or keep for the purpose of use, as fertiliser any— (a) pig manure; (b) human faeces; or (c) urine. 5.4 Storage and dispatch of artificial fertiliser An owner or occupier of premises where artificial fertiliser is stored in bulk for sale shall— (a) keep all artificial fertiliser in a building— (i) of which all internal surfaces are constructed of durable and non–absorbent materials; finished internally with a smooth surface; (ii) that protects it from the absorption of moisture; and (iii) that is adequately ventilated; (b) take adequate measures to prevent the emission of dust or offensive effluvia from the building; and (c) ensure that all artificial fertiliser dispatched from the premises is handled and loaded in such a manner as to prevent any nuisance arising during transit. 5.5 Storage of fertiliser and compost (1) Subject to subclause (2) fertiliser and compost is not to be stored inside a dwelling house in a habitable room, kitchen, laundry, bathroom, living area, passage way or bedroom. (2) Fertiliser and compost may be stored— (a) in a non-habitable building such as a shed, garage or storage room which is fully enclosed, well ventilated and separated from the habitable areas of the dwelling house; or (b) in an outside area. (3) The owner or occupier of premises where fertiliser or compost is stored or used shall— (a) take reasonable steps to prevent the escape of odours, dust or particles of fertiliser or compost; (b) treat the fertiliser or compost in such a manner as to effectively prevent it attracting or being a breeding place for vermin; and (c) store only such amounts of fertiliser or compost— (i) as can be readily used within a reasonable period; or (ii) as may be directed by written notice given by an authorised person. 5.6 Movement of commercial vehicles light commercial vehicle— (a) means a vehicle with a gross vehicle mass not greater than 4500 kg, constructed for the conveyance of goods or merchandise, or for the conveyance of materials used in any trade, business, industry or work whatsoever, other than a vehicle for the conveyance of passengers; and (b) includes any vehicle that is designed primarily for the carriage of persons, but which has been fitted or adapted for the conveyance of the goods, merchandise or materials referred to, and is in fact used for that purpose; and commercial vehicle means a vehicle, whether licenced or not, that has a gross vehicle mass of greater than 4500 kg including— (a) a utility, van, truck, tractor, bus or earthmoving equipment; and (b) a vehicle that is, or is designed to be an attachment to a vehicle referred to in paragraph (a).

374 GOVERNMENT GAZETTE, WA 16 February 2022 (2) A person shall not park a light commercial vehicle or commercial vehicle containing animals in a townsite for a period in excess of one hour, unless— (a) on land zoned as farming, rural residential, rural, special rural, industrial, light industry or general industry; and (b) the vehicle is parked on that land more than 100 metres from any dwelling house. (3) A person shall not park a light commercial vehicle or commercial vehicle so as to create or be a nuisance to any person, by reason of the odour emanating from the vehicle where that vehicle contains or has been used for— (a) the carriage of animals; (b) the transport of chemicals; or (c) collection or disposal of any waste. (4) If a person parks a light commercial vehicle or commercial vehicle containing animals in a townsite in accordance with subclause (2) or with the approval of an authorised person, then the person does not contravene subclause (3). (5) A person shall not start or drive a commercial vehicle on land zoned, approved or used for residential purposes between the hours of 10.30 pm and 6.30 am on the following day without first obtaining the written consent of an authorised person. 5.7 Footpaths etc, to be kept clean An owner or occupier of premises shall take reasonable steps to ensure that any footpath, pavement, area or right of way immediately adjacent to the premises is clear of any rubbish, matter or things coming from or belonging to the premises. 5.8 Disposing of disused refrigerators or similar containers A person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or other similar article having a compartment with a capacity of 0.04 cubic metres or more, on any land unless— (a) every door and lid and every lock, catch and hinge attached to a door or lid has been removed; (b) rendering every door and lid incapable of being fastened; and (c) refrigerant gas has been removed by a qualified person. 5.9 Storage of vehicles, vessels and machinery machinery includes disused equipment; vehicle means any motor vehicle, or part of a motor vehicle in a state of disrepair or in the process of being wrecked whether licensed or not; vessel means any kind of vessel intended for navigation by water, or part of a vessel in a state of disrepair or in the process of being wrecked whether licensed or not; and wreck includes the dismantling, breaking up, storage and disposal of vehicles. (2) The owner or occupier of land in a townsite shall not— (a) store, or allow to remain, in public view on any lot more than one vehicle, vessel or machinery (whether licensed or not) in a state of disrepair; (b) store, or allow to remain, in public view on any lot any vehicle, vessel or machinery in a state of disrepair for a period in excess of one month; (c) store, or allow to remain, in public view on any lot any vehicle, vessel or machinery parts (including tyres); (d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or machinery except where performed— (i) inside a building; or (ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of such a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery from the street and from adjoining properties; or (e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance. (3) Subclause (2)(a) to (d) does not apply— (a) where the approval of an authorised person has been obtained; or (b) on land that is zoned appropriately. Division 2—Slaughter and disposal of dead animals 5.10 Slaughter of animals (1) Subject to subclause (2) a person, shall not slaughter any animal within the district. (2) Subclause (1) does not apply to— (a) euthanasia of animals by veterinarians or other duly authorised persons; (b) persons who slaughter stock for their own consumption and who are exempted under Regulation 20 (2) of the Food Regulations 2009; (c) slaughter of animals for the purposes of pet meat and game meat operations in accordance with Part 5 of the Food Regulations 2009; and

16 February 2022 GOVERNMENT GAZETTE, WA 375 (d) slaughter of animals for human consumption in abattoirs, operating in accordance with clause 11.37. 5.11 Disposal of dead animals (1) An owner or operator of a veterinary practice where dead animals are kept for more than 12 hours, shall refrigerate the carcass prior to its removal and disposal, at an approved disposal site. (2) An owner or occupier of premises, other than a veterinary practice, on which there is a dead animal shall without delay remove the carcass for its disposal at an approved disposal site. (3) An owner, or a person having the care, of any animal that dies or is killed in a public or private place shall without delay remove the carcass and arrange for its disposal at an approved disposal site. (4) The requirements of subclauses (1), (2) and (3) shall not limit the practice by farmers, pastoralists and the like of disposing of carcasses on rural land in a manner that is not likely to pollute or be dangerous or injurious to health. PART 6—ENVIRONMENT Division 1—Dust, smoke, fumes and odours 6.1 Interpretation dust means any visible granular or particulate material which has or has the potential to become airborne and includes organic and non-organic matter and sand, but does not include smoke; and liquid waste means— (a) wastewater or any other liquid waste from domestic, industrial or commercial activities, other than effluent; (b) includes bathroom, kitchen, scullery and laundry wastes, all washings from animal and poultry pens and any other domestic or trade wastes that are discharged by means of a drain to a receptacle for drainage; and (c) includes waste from any process or activity, whether useful or useless, that is in liquid form and includes paint, fuel, grease, fat, oil, degreaser, solvent, detergent, chemical, animal waste, food waste, effluent and all discharges of liquid to land, air or water that are not otherwise authorised by a written law but does not include uncontaminated stormwater. 6.2 Dust management (1) An authorised person may require an owner or occupier of land undertaking or intending to undertake any work involving the clearing of land, from which any sand or dust is likely to be released whether by means of wind, water or any other cause, to— (a) submit to an authorised person a Dust Management Plan in accordance with “A guideline for managing the impacts of dust and associated contaminants from land development sites, remediation and other related activities (2011)” as produced by the Department of Water and Environmental Regulation, and amended from time to time; and (b) obtain written approval of the Dust Management Plan from an authorised person before commencement of any work. (2) An owner or occupier of land may be required by written notice to take effective measures including but not limited to— (a) stabilise dust on the land; (b) contain all liquid waste on the land; (c) ensure no dust or liquid waste is released or escapes from the land whether by means of wind, water or any other cause; and (d) notify the owners or occupiers of adjoining land in writing at least 48 hours prior to the commencement of any activity that has the potential to cause the release or escape from the land of dust or liquid waste giving details of— (i) the nature of the activity; (ii) the proposed commencement time, frequency, duration time and location of the activity; and (iii) the name of the person responsible for carrying out the activity and how and where that person may be contacted. (3) Where an authorised person is of the opinion that dust or liquid waste may be released or escape as a result of an activity which is likely to be carried on from any land, the authorised person may give to the owner or occupier written notice that the activity may only be carried on subject to conditions specified in the notice. 6.3 Burning of cleared vegetation on building or development site prohibited An owner or occupier of any building site or development site within a townsite shall ensure that no vegetation or other material cleared from the site is burnt on the site unless authorisation in writing is given by an authorised person.

376 GOVERNMENT GAZETTE, WA 16 February 2022 6.4 Burning of rubbish, refuse or other material (1) A person shall not on any land having an area of 4000 square metres or less within a townsite, set fire to rubbish, refuse or other materials unless— (a) the material does not include any plastic, rubber, food scraps, green garden materials or other material likely to cause the generation of smoke or odour in such quantity as to cause a nuisance to other persons; (b) a haze alert has not been issued by the Bureau of Meteorology for the period during which burning is to take place; and (c) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice issued by an authorised person under that Act and any conditions of approval as determined by an authorised person. (2) Subclause (1) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel. (3) Subclause (1) is subject to any fire danger rating as determined by the Bureau of Meteorology. 6.5 Escape of dust, smoke, fumes or odours An owner or occupier of land or premises shall not cause or permit the escape of dust, smoke, fumes or odours from the land so as to cause or to be a nuisance to any person. Division 2—Stormwater management 6.6 Containment and disposal of stormwater (1) The owner or occupier of a lot shall ensure that all stormwater received by any building, house, or other structure or any paved or sealed or other surfaced areas including any vehicle access ways on the lot is contained within the lot and is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on adjacent land. (2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government approved stormwater drain or road. (3) The owner or occupier of a lot shall ensure that all stormwater drainage systems on the lot are maintained in a good state of repair and free from obstruction. Division 3—Light 6.7 Use of exterior lights An owner and or occupier of land on which floodlights, lighting installations or other exterior lights are erected or used shall not allow the floodlights or other exterior lights to shine directly onto an adjoining lot. 6.8 Emission or reflection of light An owner or occupier of land shall ensure that— (a) artificial light is not emitted or reflected from anything on the land so as to illuminate premises outside the land at a level that interferes unreasonably with normal daily activities; and (b) natural light is not reflected from anything on the land so as to create or cause a nuisance to— (i) the owner or occupier of any other premises; or (ii) person lawfully using a street or thoroughfare. PART 7—ANIMALS AND BIRDS Division 1—Keeping of animals and birds 7.1 Cleanliness An owner or occupier of premises in or on which a dog, cat or other animal or bird is kept shall— (a) maintain the premises free from excrement, filth, food waste and all other matters which is or is likely to become offensive or injurious to health or to attract rats or other vermin; (b) when so directed by written notice given by an authorised person, clean and disinfect the premises; and (c) keep the premises, so far as possible, free from flies or other vermin by spraying with a residual insecticide or other effective means. 7.2 Nuisance caused by animals or birds An owner or occupier of land shall not keep any animal or bird which— (a) is or creates a nuisance; or (b) emits an unreasonable or constant noise. 7.3 Animal and bird enclosures (1) A person shall not keep or cause or permit to be kept any animals or birds on premises which are not effectively drained or of which the drainage flows to the walls or foundations of any building. (2) An authorised person may give written notice to the owner or occupier of premises where animals or birds are kept to pave, grade and drain floors of all structures and the surface of the ground of all enclosures used for the keeping of animals or birds.

16 February 2022 GOVERNMENT GAZETTE, WA 377 7.4 Keeping of fauna 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 fauna in a normal or natural manner. (2) Notwithstanding the provisions of Division 2 and Division 3 of this Part, a person may keep fauna for the period and under such conditions as may be authorised by the department of the Public Service principally assisting in the administration of the Conservation and Land Management Act 1984. Division 2—Keeping of animals 7.5 Interpretation approved animal means a farm animal the subject of an approval by an authorised person; cow includes an ox, calf or bull; farm animal includes a horse, cow, pig, sheep, camel, alpaca, llama, deer, goat or other large animal; and horse includes an ass, mule, donkey or pony. 7.6 Cats (1) A person shall not, without an exemption in writing from the local government, keep more than 3 cats over the age of 6 months on premises on any land within the district. (2) Upon payment of the set fee, an owner or occupier of premises may apply in writing to the local government for exemption from the requirements of subclause (1). (3) The local government shall not grant an exemption under subclause (2) unless it is satisfied that the number of cats to be kept will not be a nuisance or injurious or dangerous to health. (4) An exemption granted under this clause shall specify— (a) the owner or occupier to whom the exemption applies; (b) the premises to which the exemption applies; and (c) the maximum number of cats which may be kept on the premises. (5) A person who is granted an exemption under subclause (3) may be required by an authorised person to— (a) provide for each cat kept at or on the premises, a properly constructed shelter with an enclosure complying with the following— (i) each shelter must have a floor area of not less than .5 square metres for each cat over the age of 3 months kept or to be kept therein; and (ii) the area of the enclosure appurtenant to each shelter shall be not less than 3 times the area of the shelter; (b) ensure every shelter and enclosure is situated at a distance of not less than— (i) 2 metres from the boundary of any lot not owned or occupied by the person by whom the cats are kept; and (ii) 10 metres from any dwelling, church, school room, hall or premises in which food is manufactured, packed or prepared for human consumption; and (c) keep all shelters, enclosures, yards and grounds in which cats are kept in a clean condition and free from vectors of disease at all times and clean, disinfect or otherwise as directed by an authorised person from time to time. (6) Notwithstanding subclause (1), a person may keep more than 3 cats over the age of 6 months on premises used for veterinary purposes or as a pet shop. 7.7 Requirements for keeping approved animals (1) An owner or occupier of premises within a townsite shall not keep a farm animal without approval of an authorised person. (2) An owner or occupier of premises who has an approved animal shall ensure the premises has an area of not less than 2000 square metres for the exclusive use of the approved animal. (3) A person who keeps an approved animal or permits an approved animal to be kept shall ensure (a) all approved animals are to be kept in a properly constructed and securely fastened structure or enclosure; and (b) no approved animal is able to encroach within 15 metres of a dwelling house, public building, or premises where people are employed or premises where food is stored, prepared, manufactured or sold.

378 GOVERNMENT GAZETTE, WA 16 February 2022 (4) Subclauses (1) and (2) do not apply to premises used— 7.8 Limitation on numbers of other animals (1) The number of cats or dogs permitted to be kept are as determined by— (a) clause 7.6; and (b) Shire of Menzies Dogs Local Law 2021 as amended from time to time. (2) Without the approval of an authorised person, an owner or occupier of land in a townsite shall not keep more than 20 animals, including dogs and cats. (3) Notwithstanding subclause (2) an authorised person may require a reduction of the approved number of animals on premises within a townsite, or alternatively prohibit the keeping of animals on particular premises, if unreasonable noise or a nuisance is being caused. (4) Subclauses (2) and (3) do not apply to premises used— Division 3—Keeping of birds 7.9 Interpretation poultry includes fowls, peafowls, guinea fowls, turkeys, geese, ducks, chickens, bantams and other domestic fowls; pigeons are birds that are classified within the family Columbidae and includes doves; and miscellaneous birds means birds other than poultry and pigeons. 7.10 Commercial poultry establishments Commercial poultry establishments are to manage operations in accordance with the Environmental Code of Practice for Poultry Farms in Western Australia 2004 produced by the Western Australian Broilers Growers Association and Poultry Farmers Association of Western Australia. 7.11 Limitation on numbers of pigeons, poultry and miscellaneous birds (1) Without the approval of an authorised person, an owner or occupier of land in a townsite shall not keep a combined total of more than 20 poultry, pigeons and miscellaneous birds. (2) Notwithstanding subclause (1) an authorised person may require a reduction of the approved number of poultry, pigeons, or miscellaneous birds on premises within the district, or alternatively prohibit the keeping of poultry, pigeons, or miscellaneous birds on particular premises, if unreasonable noise or a nuisance is being caused. (3) Subclauses (1) and (2) do not apply to premises used— 7.12 Requirements for keeping poultry (1) A person who keeps poultry or permits poultry to be kept on land within a townsite shall ensure (a) all poultry is kept in a properly constructed and securely fastened structure or enclosure; (b) the structure or enclosure is in a yard having an otherwise unobstructed area of at least 15 square metres; and (c) no poultry is able to approach within 15 metres of a street other than a right of way unless, in the case of land at the junction of two or more streets, an authorised person has approved a lesser distance. (2) A person who keeps poultry or permits poultry to be kept shall ensure no poultry is able to encroach— (i) within 5 metres of any dwelling house on the land; or (ii) within 15 metres of a neighbouring dwelling house, public building, or premises where people are employed or premises where food is stored, prepared, manufactured or sold. 7.13 Roosters, geese, turkeys, peafowl, emu and ostrich Without the approval of an authorised person, an owner or occupier of premises in a townsite shall not keep on those premises— (a) a rooster; (b) a goose or gander; (c) a turkey; (d) a peacock or peahen;

16 February 2022 GOVERNMENT GAZETTE, WA 379 (e) guinea fowl; (f) an emu; or (g) an ostrich. PART 8—PEST CONTROL 8.1 Interpretation Argentine ant means an ant belonging to the species Limepithema humile (formerly Iridomyrmex humilis); arthropod vectors of disease includes— (a) fleas (Siphonaptera); (b) bedbugs (Cimex lectularius); (c) crab lice (Phthirus pubis); (d) body lice (Pediculus humanus var. corporis); and (e) head lice (Pediculus humanus var. capitis); cockroach means any of the various orthopterous insects commonly known as cockroaches; European wasp means a wasp Vespula germanica; flies means any of the two-winged insects constituting the order Diptera commonly known as flies; mosquitoes means any of the two-winged insects constituting the family Diptera Culicidae commonly known as mosquitoes; and rodents means those animals belonging to the order Rodentia and includes rats and mice but does not include native rodents, laboratory bred rats and mice or animals (other than rats) kept as pets in an enclosure designed for the purpose of keeping as pets animals of that kind. 8.2 Measures to be taken for control of flies Owners and occupiers of any land within the district that is breeding flies, or that is likely to breed flies, are to comply with the requirements of the Fly Eradication Regulations. 8.3 Measures to be taken to prevent breeding of mosquitoes (1) An owner or occupier of premises shall take effective measures to ensure that the premises are kept free from possible mosquito breeding sites and shall— (a) take all reasonable steps to— (i) control the prevalence of mosquitoes; (ii) eradicate mosquitos; and (iii) effectively prevent the breeding of mosquitoes; and (b) assist an authorised person to locate any possible mosquito breeding sites that may be present in or about the premises. (2) An owner or occupier of premises shall— (a) where water is kept in a horse trough, poultry drinking container or other receptacle— (i) frequently change the water; and (ii) keep the water clean and free from vegetable matter and slime; (b) where a septic tank is installed shall ensure the fixture is in sound condition at all times, and mesh having openings not larger than 1.2 millimetres covers any vent to the tank; (c) cause all drains and channels in or on the land to be kept in good order and free from obstruction; and (d) where any activity is undertaken on any land which creates an excavation likely to hold water and cause mosquito breeding shall as soon as practicable following the completion of the activity, and taking into consideration the purpose of the excavation, ensure that— (i) the excavation is filled in with clean material and made level with the surrounding surface; or (ii) alternatively treated with an approved pesticide to control mosquito breeding. (3) Where it appears to an authorised person that there is, on any premises, undergrowth or vegetation likely to harbour mosquitoes, the owner or occupier of the premises may be required by direction in writing given by an authorised person to cut down and remove within a specified time the undergrowth or vegetation. 8.4 Measures to be taken to eradicate rodents (1) An owner or occupier of premises shall at all times take effective measures to eradicate any rodents in or on the premises. (2) An owner or occupier of premises who keeps rodents shall— (a) at all times ensure that all live rodents are kept in the effective control of a person or in locked cages; and (b) if a rodent escapes, ensure that all reasonable steps are taken to destroy or recapture the rodent.