344GOVERNMENT GAZETTE, WA 16 February 2022

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.