Western Australia legislation

Public Places and Local Government Property Local Law 2023

In ForceWA

Jurisdiction

Western Australia

Collection

local law

Plain English Summary

6/10 complexity

This local law sets rules for use of public places and local government property across the Shire of Ashburton: it creates permit requirements, allows the Council to make determinations about permitted or prohibited activities, and sets conduct, signage and enforcement standards (see cl.1.3, 2.1, 3.1, 11.7). It affects anyone using streets, parks, beaches, jetties, airports or other council land — users pay permit fees or bonds, must follow permit conditions and signs, and face notices or fines; primary decision and discretionary power rests with the CEO, authorised persons and Council (see cl.1.7, 2.2, 9.2, 11.5).

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April 2023 GOVERNMENT GAZETTE, WA 877

28 April 2023 GOVERNMENT GAZETTE, WA 877 PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2023 CONTENTS PART 1—PRELIMINARY .............................................................................................................. 881 1.1 Title .............................................................................................................................................. 881 1.2 Commencement............................................................................................................................ 881 1.3 Application ................................................................................................................................... 881 1.4 Repeal and transitional provisions ............................................................................................. 881 1.5 Definitions .................................................................................................................................... 881 1.6 Interpretation............................................................................................................................... 883 1.7 Overriding power to hire and agree ............................................................................................ 883

Part 2

DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY .. 883

PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY .. 883 2.1 Determinations as to use of local government property ............................................................ 883 2.2 Procedure for making a determination ....................................................................................... 884 2.3 Discretion to erect sign ................................................................................................................ 884 2.4 Determination to be complied with ............................................................................................. 884 2.5 Register of determinations .......................................................................................................... 884 2.6 Amendment or revocation of a determination ............................................................................ 884 2.7 Activities which may be pursued on specified local government property ................................ 884 2.8 Activities which may be prohibited on specified local government property ............................ 885 2.9 Sign under repealed local law taken to be determination ......................................................... 885

Part 3

ACTIVITIES ON LOCAL GOVERNMENT PROPERTY

PART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A PERMIT ................................................................................................................ 885 3.1 Activities requiring a permit ....................................................................................................... 885 3.2 Erecting structures or camping ................................................................................................... 886 3.3 Licence required for possession and consumption of liquor ....................................................... 886 PART 4—ADVERTISING SIGNS ON THOROUGHFARES .................................................... 887 4.1 Interpretation............................................................................................................................... 887 4.2 Advertising signs and portable direction signs .......................................................................... 887 4.3 Matters to be considered in determining application for permit ............................................... 887 4.4 Conditions on portable sign ......................................................................................................... 887 PART 5—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY .............................. 888 Division 1—Prohibited behaviour ..................................................................................................... 888 5.1 Behaviour which interferes with others ..................................................................................... 888 5.2 Behaviour detrimental to property ............................................................................................. 888 5.3 Taking or injuring fauna ............................................................................................................. 888 5.4 Flora ............................................................................................................................................. 888 5.5 Animal .......................................................................................................................................... 888 5.6 Intoxicated persons not to be on local government property ..................................................... 888 5.7 Only specified gender to use entry of toilet block or change room ............................................ 888 Division 2—Signs and powers to give directions .............................................................................. 888 5.8 Signs ............................................................................................................................................. 888 5.9 Authorised person to be obeyed................................................................................................... 889 5.10 Refusal of entry and removal .................................................................................................... 889 5.11 Disposal of lost property ............................................................................................................ 889

Part 6

MATTERS RELATING TO PARTICULAR LOCAL

PART 6—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY ........................................................................................................ 889 Division 1—Functions and closed property....................................................................................... 889 6.1 No unauthorised entry to function .............................................................................................. 889 6.2 No entry to fenced or closed local government property ............................................................ 889 Division 2—Golf courses .................................................................................................................... 889 6.3 Interpretation............................................................................................................................... 889

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GOVERNMENT GAZETTE, WA 28 April 2023

878 GOVERNMENT GAZETTE, WA 28 April 2023 6.4 Observance of special conditions of play ..................................................................................... 889 6.5 Children under the age of 10 years ............................................................................................. 890 Division 3—Beaches ........................................................................................................................... 890 6.6 Powers of authorised persons or surf life saving club members ................................................ 890 6.7 Authority of local government employee to prevail .................................................................... 890 6.8 Persons to comply with signs and directions .............................................................................. 890 Division 4—Airports........................................................................................................................... 890 6.9 Application ................................................................................................................................... 890 6.10 Use by aircraft ............................................................................................................................ 890 6.11 Right of entry to airport ............................................................................................................. 890 6.12 Access of animals restricted ...................................................................................................... 891 Division 5—Jetties ............................................................................................................................. 891 6.13 Interpretation ............................................................................................................................. 891 6.14 Application for consent and application fee .............................................................................. 891 6.15 When use of jetty is prohibited .................................................................................................. 891 6.16 Method of berthing boat............................................................................................................. 891 6.17 When boat may remain berthed ................................................................................................ 891 6.18 Authorised person may order removal of boat .......................................................................... 892 6.19 Restrictions on launching .......................................................................................................... 892 6.20 Loading and discharging............................................................................................................ 892 6.21 Outgoing cargo not to be stored on jetty ................................................................................... 892 6.22 Removal of incoming cargo from jetty ....................................................................................... 892 6.23 Authorised person may direct removal ..................................................................................... 892 6.24 Handling of bulk cargo ............................................................................................................... 892 6.25 Polluting surrounding area ....................................................................................................... 892 6.26 Limitations on fishing ................................................................................................................ 892 PART 7—ACTIVITIES IN STREETS ........................................................................................... 892 Division 1—General ........................................................................................................................... 892 7.1 General prohibitions .................................................................................................................... 892 7.2 Activities allowed with a permit.................................................................................................. 893 7.3 Notice to owner or occupier.......................................................................................................... 893 Division 2—Permissible verge treatments ......................................................................................... 893 7.4 Permissible verge treatments ...................................................................................................... 893 7.5 Obligations of owner or occupier ................................................................................................. 894 7.6 Transitional provision .................................................................................................................. 894 7.7 Power to carry out public works on verge ................................................................................... 894 Division 3—Vehicle crossings ............................................................................................................ 894 7.8 Temporary crossings .................................................................................................................... 894 7.9 Removal of redundant crossing ................................................................................................... 894 Division 4—Property numbers ........................................................................................................... 895 7.10 Assignment of numbers ............................................................................................................. 895 Division 5—Fencing ........................................................................................................................... 895 7.11 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act ....................................................... 895 Division 6—Signs erected by the local government ........................................................................... 895 7.12 Signs ........................................................................................................................................... 895 7.13 Transitional ................................................................................................................................ 895 Division 7—Driving on a closed street ............................................................................................... 895 7.14 No driving on closed street ........................................................................................................ 895 Division 8—Notices ............................................................................................................................ 895 7.15 Notice to redirect or repair sprinkler ........................................................................................ 895 7.16 Notice to remove hazardous plants ........................................................................................... 895 7.17 Notice to remove any thing unlawfully placed on street .......................................................... 895 PART 8—ACTIVITIES IN PUBLIC PLACES ............................................................................. 896 Division 1—General provisions ......................................................................................................... 896 8.1 Leaving animal or vehicle in public place ................................................................................... 896 8.2 Prohibitions relating to animals .................................................................................................. 896 8.3 Shopping trolley to be marked..................................................................................................... 896 8.4 Person not to leave trolley in public place .................................................................................. 896

28 April 2023 GOVERNMENT GAZETTE, WA 879 8.5 Retailer to remove abandoned trolley ......................................................................................... 896 8.6 Retailer taken to own trolley ....................................................................................................... 896 PART 9—PERMITS ........................................................................................................................ 896 Division 1—Applying for a permit..................................................................................................... 896 9.1 Application for permit.................................................................................................................. 896 9.2 Decision on application ................................................................................................................ 897 9.3 General restrictions on grant of permit ...................................................................................... 897 9.4 Amendment of permit .................................................................................................................. 897 Division 2—Conditions ...................................................................................................................... 897 9.5 Examples of conditions ................................................................................................................ 897 9.6 Imposing conditions under a policy ............................................................................................. 898 9.7 Compliance with conditions ........................................................................................................ 898 Division 3—Duration of permits ....................................................................................................... 898 9.8 Duration of permit ....................................................................................................................... 898 9.9 Renewal of permit ........................................................................................................................ 898 9.10 Transfer of permit ...................................................................................................................... 898 9.11 Suspension of permit ................................................................................................................. 898 9.12 Proposed suspension .................................................................................................................. 899 9.13 Revocation of suspension ........................................................................................................... 899 9.14 Period of suspension .................................................................................................................. 899 9.15 Cancellation of permit ............................................................................................................... 899 9.16 Surrender of permit ................................................................................................................... 899 Division 4—Responsibilities of permit holders and others ............................................................... 899 9.17 Production of permit .................................................................................................................. 899 9.18 Other responsibilities of permit holder ..................................................................................... 899 9.19 Production of permit document for amendment ....................................................................... 899 9.20 Return of permit document if permit no longer in effect ......................................................... 900 9.21 Advertising ................................................................................................................................. 900 9.22 False or misleading statement .................................................................................................. 900 PART 10—OBJECTIONS AND REVIEW .................................................................................... 900 10.1 Objection and review rights ...................................................................................................... 900 PART 11—ENFORCEMENT ......................................................................................................... 900 Division 1—Notices ............................................................................................................................ 900 11.1 Definition.................................................................................................................................... 900 11.2 Damage to local government property ...................................................................................... 900 11.3 Breach of a permit ..................................................................................................................... 900 11.4 Notice requirements .................................................................................................................. 900 11.5 Local government may undertake requirements of notice ...................................................... 900 11.6 Offence to fail to comply with notice ......................................................................................... 900 Division 2—Offences and penalties ................................................................................................... 900 11.7 Offences and general penalty .................................................................................................... 900 11.8 Prescribed offences..................................................................................................................... 901 11.9 Form of notices ........................................................................................................................... 901 11.10 Evidence of a determination .................................................................................................... 901 SCHEDULE 1—DETERMINATIONS .......................................................................................... 901 SCHEDULE 2—PRESCRIBED OFFENCES .............................................................................. 902 ————

28 April 2023 GOVERNMENT GAZETTE, WA 881 PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2023 Under the powers conferred on it by the Local Government Act 1995 and under all other enabling powers, the Council of the Shire of Ashburton resolved on 4 April 2023 to make this local law.

Part 1

PRELIMINARY

PART 1—PRELIMINARY 1.1 Title This is the Shire of Ashburton Public Places and Local Government Property Local Law 2023. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Repeal and transitional provisions (1) The following local laws are repealed– (a) The Shire of Ashburton Activities on Thoroughfares and Public Places and Trading Amendment Local Law 2013 published in the Government Gazette on 5 April 2013 and amended in the Government Gazette on 15 November 2013; (b) The Shire of Ashburton Local Government Property Local Law 2013 published in the Government Gazette on 5 April 2013 and amended in the Government Gazette on 15 November 2013; and (c) The Shire of Ashburton Swimming Pools, Public Management and Control Local Law 2000 published in the Government Gazette on 3 November 2000. (2) An application for, or an application for the renewal of, a licence, permit or other authorisation made under a repealed local law that has not been finally determined before the commencement day is to be dealt with and determined as if it were an application under this local law. (3) A licence, permit or other authorisation under a repealed local law that is in force before the commencement day is to be regarded on and after that day as a permit under this local law and may be dealt with accordingly. 1.5 Definitions In this local law— Act means the Local Government Act 1995; applicant means a person who applies for a permit; application means an application for a permit; application fee means the fee payable on the lodgement of an application for a permit and which relates to the lodgement, assessment and determination of the application but does not include the permit fee; authorised person means a person appointed by the CEO under section 9.10 of the Act to perform any of the functions of an authorised person under this local law; boat means any ship, vessel or structure capable of being used in navigation by water, however propelled or moved, and includes a jet ski; building means any building which is local government property and includes any– (a) hall or room; (b) corridor, stairway or annexe of any hall or room; and (c) jetty; bulk rubbish container means a bin or container designed or used for holding a substantial quantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does not include a bin or container used in connection with the local government's regular domestic rubbish collection service; carriageway has the meaning given to it by the Road Traffic Code 2000; CEO means the chief executive officer of the local government; commencement day means the day on which this local law comes into operation; Council means the council of the local government; crossing means a crossing giving access from a public thoroughfare to– (a) private land; or (b) a private thoroughfare serving private land; determination means a determination made under clause 2.1;

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882 GOVERNMENT GAZETTE, WA 28 April 2023 district means the district of the local government and any area outside the district of the local government in respect of which the Governor's approval under section 3.6(1) of the Act has been obtained; entertainment means the action of providing or being provided with amusement or enjoyment, an event, performance, or activity designed to entertain others; function means an event or activity characterised by all or any of the following— (a) formal organisation and preparation; (b) its occurrence is generally advertised or notified in writing to particular persons; (c) organisation by or on behalf of a club; (d) payment of a fee to attend it; and (e) systematic recurrence in relation to the day, time and place; garden means any part of a street planted, developed or treated, otherwise than as a lawn, with one or more plants; hire includes offer to hire and expose for hire; intersection has the meaning given to it in the Road Traffic Code 2000; kerb includes the edge of a carriageway; lawn means any part of a street which is planted only with grass, or with a similar plant, but will include any other plant provided that it has been planted by the local government; liquor has the meaning given to it in section 3 of the Liquor Control Act; Liquor Control Act means the Liquor Control Act 1988 and all regulations made under that Act; local government means the Shire of Ashburton; local government property means anything– (a) which belongs to or leased by the local government; (b) of which the local government is the management body under the Land Administration Act 1997; or (c) which is an otherwise unvested facility within section 3.53 of the Act; except a street; local public notice has the meaning given to it by the Act; lot has the meaning given to it in the Planning and Development Act 2005; market means a collection of stalls, stands or displays erected for the purpose of selling or hiring goods or services or carrying out any other transaction; nuisance means any activity, thing, condition, circumstance or state of affairs caused or contributed to by a person which– (a) is injurious or dangerous to the health or safety of another person of normal susceptibility; or (b) which has a disturbing effect on the state of reasonable physical, mental or social well being of another person; owner or occupier, in relation to land, does not include the local government; permit means a permit under this local law; permit fee means the fee payable on the issue of a permit; permit document means a permit document issued under this local law; permit holder means a person who holds a permit; permissible verge treatment means any one of the treatments described in clause 8.4(2), and includes any associated reticulation pipes and sprinklers; person does not include the local government; private property means any land that– (a) has a separate certificate of title; and (b) is in private ownership or is the subject of a lease or agreement with a person enabling its use for private purposes, and includes any building or structure on the land; prohibited drug has the meaning given to it by the Misuse of Drugs Act 1981; public place means– (a) a street; (b) any local government property; or (c) a place to which the public have access; Regulations means the Local Government (Functions and General) Regulations 1996; repealed local law means a local law repealed under clause 1.4; retailer means the owner or occupier of a shop in respect of which shopping trolleys are provided for the use of customers of the shop; Schedule means a schedule to this local law;

28 April 2023 GOVERNMENT GAZETTE, WA 883 sell includes– (a) offer or attempt to sell; (b) display for sale; (c) send, forward or deliver for sale or on sale; (d) barter or exchange; (e) dispose, by lot or chance or by auction; (f) supply, or offer, agree or attempt to supply– (i) in circumstances which the supplier derives or would be likely to derive a direct or indirect pecuniary benefit; or (ii) gratuitously, but with a view to gaining or maintaining custom or other commercial advantage; or (g) authorise, direct, cause or permit to be done any act referred to in this definition; shopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person to transport goods; sign includes a notice, flag, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols; stall means a movable or temporarily fixed structure, stand or table in, on or from which goods or services are sold and includes a vehicle; street means any highway, thoroughfare or land used for vehicular or pedestrian traffic, and includes all the land lying between property lines, including the verge and footpath; street tree means any tree planted or self sown in the street, of an appropriate species and in an appropriate location, for the purposes of contributing to the streetscape; thoroughfare has the meaning given to it by the Act; trading means selling or hiring goods or services and includes the setting up of a stall and conducting business at a stall; vehicle includes– (a) every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise; and (b) an animal being ridden or driven, but excludes– (c) a wheel-chair or any device designed for use, by a physically impaired person on a footpath; and (d) a pram, stroller or similar device, or a shopping trolley; verge means that part of a street between the carriageway and the land which abuts the street, but does not include any footpath; and waste includes matter– (a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is discharged into the environment; or (b) prescribed by regulations under the Waste Avoidance and Resource Recovery Act 2007 to be waste. 1.6 Interpretation In this local law, a reference to local government property includes a reference to any part of local 1.7 Overriding power to hire and agree Despite anything to the contrary in this local law, the CEO or an authorised person, on behalf of the local government, may– (a) hire local government property to any person; or (b) enter into an agreement with any person regarding the use of any local government property. PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY 2.1 Determinations as to use of local government property (1) The local government may make a determination in accordance with clause 2.2– (a) setting aside specified local government property for the pursuit of all or any of the activities referred to in clause 2.7; (b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on specified local government property; (c) as to the matters in clauses 2.7(2) and 2.8(2); and (d) as to any matter ancillary or necessary to give effect to a determination. (2) The determinations in Schedule 1– (a) are to be taken to have been made in accordance with clause 2.2; (b) may be amended or revoked in accordance with clause 2.6; and

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884 GOVERNMENT GAZETTE, WA 28 April 2023 (c) have effect on the commencement day. 2.2 Procedure for making a determination (1) The CEO or an authorised person is to give local public notice of the local government's intention to make a determination. (2) The local public notice referred to in subclause (1) is to state that– (a) the local government intends to make a determination, the purpose and effect of which is summarised in the notice; (b) a copy of the proposed determination may be inspected and obtained from the offices of the local government; and (c) submissions in writing about the proposed determination may be lodged with the local government within 21 days after the date of publication. (3) If no submissions are received in accordance with subclause (2)(c), the Council may decide– (a) to give local public notice that the proposed determination has effect as a determination on and from the date of publication; (b) Part 37 to amend the proposed determination, in which case subclause (5) is to apply; or (c) not to continue with the proposed determination. (4) If submissions are received in accordance with subclause (2)(c), the Council– (a) is to consider those submissions; and (b) may decide– (i) whether or not to amend the proposed determination; or; (ii) whether or not to continue with the proposed determination. (5) If the Council decides to amend the proposed determination, it is to give local public notice– (a) of the effect of the amendments; and (b) that the proposed determination has effect as a determination on and from the date of publication. (6) If the Council decides not to amend the proposed determination, it is to give local public notice that the proposed determination has effect as a determination on and from the date of publication. (7) A proposed determination is to have effect as a determination on and from the date of publication of the local public notice referred to in subclauses (3), (5) and (6). (8) A decision under subclause (3) or (4) is not to be delegated by the Council. 2.3 Discretion to erect sign The local government may erect a sign on local government property to give notice of the effect of a determination which applies to that property. 2.4 Determination to be complied with A person must comply with a determination. 2.5 Register of determinations (1) The local government is to keep a register of determinations made under clause 2.1, and of any amendments to or revocations of determinations made under clause 2.6. (2) Sections 5.94 and 5.95 of the Act apply to the register referred to in subclause (1) and for that purpose the register is to be taken to be information within section 5.94(u)(i) of the Act. 2.6 Amendment or revocation of a determination (1) The local government may amend or revoke a determination. (2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment were a proposed determination. (3) If the local government revokes a determination it is to give local public notice of the revocation and the determination is to cease to have effect on the date of publication. 2.7 Activities which may be pursued on specified local government property (1) A determination may provide that specified local government property is set aside as an area on which a person may– (a) take, ride or drive a vehicle, or a particular class of vehicle; (b) fly or use a motorised model aeroplane; (c) use a children's playground provided that the person is under an age specified in the determination, but the determination is not to apply to a person having the charge of a person under the specified age; (d) launch, beach or leave a boat; (e) take or use a boat, or a particular class of boat; (f) play or practise– (i) golf or archery; (ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms Act 1973; or

28 April 2023 GOVERNMENT GAZETTE, WA 885 (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 (g) ride a bicycle, a skateboard, roller skates, rollerblades, a sandboard or a similar device. (2) A determination may specify the extent to which and the manner in which an activity referred to in subclause (1) may be pursued and in particular– (a) the days and times during which the activity may be pursued; (b) that an activity may be pursued on a class of local government property, specified local government property or all local government property; (c) that an activity is to be taken to be prohibited on all local government property other than that specified in the determination; (d) may limit the activity to a class of vehicles, equipment or things, or may extend it to all vehicles, equipment or things; (e) may specify that the activity can be pursued by a class of persons or all persons; and (f) may distinguish between different classes of the activity. 2.8 Activities which may be prohibited on specified local government property (1) A determination may provide that a person is prohibited from pursuing all or any of the following activities on specified local government property– (a) riding a bicycle, a skateboard, roller skates, rollerblades, a sandboard or a similar device; (b) taking, riding or driving a vehicle or a particular class of vehicle; (c) riding or driving above a specified speed a vehicle or a particular class of vehicle; (d) taking or using a boat, or a particular class of boat; (e) the playing or practice of— (i) golf, archery, pistol shooting or rifle shooting; or (ii) a similar activity, specified in the determination, involving the use of a projectile which, in the opinion of the local government may cause injury or damage to a person or property; (f) the playing or practice of any ball game which may cause detriment to the property or any fauna on the property; and (g) the traversing of land which in the opinion of the local government has environmental value warranting such protection, either absolutely or except by paths provided for that purpose. (2) A determination may specify the extent to which and the manner in which a person is prohibited from pursuing an activity referred to in subclause (1) and, in particular– (a) the days and times during which the activity is prohibited; (b) that an activity is prohibited on a class of local government property, specified local government property or all local government property; (c) that an activity is prohibited in respect of a class of vehicles, equipment or things, or all vehicles, equipment or things; (d) that an activity is prohibited in respect of a class of persons or all persons; and (e) may distinguish between different classes of the activity. 2.9 Sign under repealed local law taken to be determination (1) Where an approved sign erected on local government property has been erected under a repealed local law, then it is to be taken to be and have effect as a determination on and from the commencement day, except to the extent that the sign is inconsistent with any provision of this local law or any determination made under clause 2.1. (2) Clause 2.5 does not apply to a sign referred to in subclause (1). PART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A PERMIT 3.1 Activities requiring a permit (1) A person must not without a permit– (a) subject to subclause (3) hire local government property; (b) advertise anything by any means on local government property; (c) erect, on local government property a structure for public amusement or for any performance, whether for gain or otherwise; (d) teach, coach or train, for profit, a person or animal on local government property; (e) plant any plant or sow any seeds on local government property; (f) carry on any trading on local government property or public place unless the trading is conducted– (i) with the consent of a person who holds a permit to conduct a function, and where the trading is carried on under and in accordance with the permit; or (ii) by a person who has a permit or permit to carry on trading on local government property under any written law;

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886 GOVERNMENT GAZETTE, WA 28 April 2023 (g) conduct or set up a market on local government property or public place; (h) unless an employee of the local government in the course of her or his duties or on an area set aside for that purpose– (i) drive or ride or take any vehicle on to local government property; or (ii) park or stop any vehicle on local government property; (i) conduct a function on local government property; (j) charge any person for entry to local government property, unless the charge is for entry to land or a building hired by a voluntary non-profit organisation; (k) light a fire on local government property except in a facility provided for that purpose; (l) parachute, hang glide, abseil or base jump from or on to local government property; (m) erect a building or a refuelling site on local government property; (n) make any excavation on or erect or remove any fence on local government property; (o) erect or install any structure above or below ground of local government property, for the purpose of supplying any water, power, sewer, communication, television or similar service to a person; (p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly on local government property; (q) erect, install, operate or use any broadcasting, public address system, loudspeaker or other device for the amplification of sound on local government property; (r) conduct an entertainment event on local government property; (s) fly or land a drone, balloon, unmanned aircraft or similar device from or on local government (t) film or make a recording as part of or for commercial gain on local government property. (2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the application of that person. (3) The CEO or an authorised person may exempt specified local government property or a class of local government property from the application of subclause (1)(a). 3.2 Erecting structures or camping camp unless the context requires otherwise has the same meaning as given to it in section 5 of the Caravan Parks and Camping Grounds Act 1995; caravan has the same meaning as given to it in section 5 of the Caravan Parks and Camping Grounds Act 1995; facility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping Grounds Act 1995. park home has the same meaning as given to it in section 5 of the Caravan Parks and Camping Grounds Act 1995; and structure includes a caravan, park home, or camp. (2) This clause does not apply to a facility operated by the local government. (3) A person must not without a permit– (a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local government property; (b) erect, on local government property, any tent, camp, hut or similar structure; or (c) erect, on local government property that is not enclosed, an umbrella or temporary shade structure unless– (i) it is erected for protection from the sun or other elements; (ii) it has an area of no more than 18 square metres; (iii) it has a height of no less than 2.5 metres; (iv) it is removed by that person– (I) immediately on leaving that local government property; and (II) during daylight on the same day on which it was erected; and (v) it is for a private use. (4) The maximum period for which the CEO or an authorised person may approve an application for a permit in respect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan Parks and Camping Grounds Regulations 1997. 3.3 Licence required for possession and consumption of liquor (1) A person, on local government property, must not consume any liquor or have in her or his possession or under her or his control any liquor, unless– (a) that is permitted under the Liquor Control Act; and (b) a licence has been obtained for that purpose. (2) Subclause (1) does not apply where the liquor is in a sealed container.

28 April 2023 GOVERNMENT GAZETTE, WA 887

Part 4

ADVERTISING SIGNS ON THOROUGHFARES

PART 4—ADVERTISING SIGNS ON THOROUGHFARES 4.1 Interpretation In this Part, unless the context otherwise requires— advertising sign means a sign used for the purpose of advertisement; direction sign means a sign which indicates the direction of another place, activity or event, but does not include any such sign erected or affixed by the local government or the Commissioner of Main Roads; portable direction sign means a portable free standing direction sign; and portable sign means a portable free standing advertising sign. 4.2 Advertising signs and portable direction signs (1) A person shall not, without a permit— (a) erect or place an advertising sign on a thoroughfare; or (b) post any bill or paint, place or affix any advertisement on a thoroughfare. (2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign which neither exceeds 500 millimetres in height nor 0.5 square metres in area, provided that the sign is placed or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or event during the hours of that activity or event. (3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign— (a) on a footpath; (b) over any footpath where the resulting vertical clearance between the sign and the footpath is less than 2.5 metres; (c) on or within 3 metres of a carriageway; (d) in any other location where, in the opinion of the local government, the sign is likely to obstruct lines of sight along a thoroughfare or cause danger to any person using the thoroughfare; or (e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the structural approaches to a bridge. 4.3 Matters to be considered in determining application for permit In determining an application for a permit for the purpose of clause 4.2(1), the local government is to have regard to— (a) any other written law regulating the erection or placement of signs within the district; (b) the dimensions of the sign; (c) other advertising signs already approved or erected in the vicinity of the proposed location of the sign; (d) whether or not the sign will create a hazard to persons using a thoroughfare; and (e) the amount of the public liability insurance cover, if any, to be obtained by the applicant. 4.4 Conditions on portable sign (1) If the local government approves an application for a permit for a portable sign, the application is to be taken to be approved subject to the following conditions— (a) the portable sign shall— (i) not exceed 1 metre in height; (ii) not exceed an area of 1 square metre on any side; (iii) relate only to the business activity described on the permit; (iv) contain letters not less than 200 millimetres in height; (v) not be erected in any position other than immediately adjacent to the building or the business to which the sign relates; (vi) be removed each day at the close of the business to which it relates and not be erected again until the business next opens for trading; (vii) be secured in position in accordance with any requirements of the local government; (viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access to a place by any person; and (ix) be maintained in good condition. (2) No more than one portable sign shall be erected in relation to the one building or business. (3) A person must not place or erect a sign in contravention of a condition of a permit issued under this clause.

888 GOVERNMENT GAZETTE, WA 28 April 2023 PART 5—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY Division 1—Prohibited behaviour 5.1 Behaviour which interferes with others A person must not, in or on any local government property, behave in a manner which– (a) is likely to interfere with the enjoyment of a person who might use the property or who might otherwise lawfully be on the property; or (b) interferes with the enjoyment of a person using, or otherwise lawfully on, the property. 5.2 Behaviour detrimental to property (1) A person must not behave in or on local government property in a way which is or might be detrimental to the property. (2) In subclause (1)– detrimental to the property includes– (a) removing any thing from the local government property including a rock, a plant or a seat provided for the use of any person; and (b) destroying, defacing or damaging any thing on the local government property, including a plant, a seat provided for the use of any person or a building. 5.3 Taking or injuring fauna (1) A person must not take, injure or kill, or attempt to take, injure or kill, any fauna which is on or above any local government property, unless that person is authorised under a written law to do so. (2) In this clause and in clause 5.5– animal means any living thing that is not a human being, fly or plant; and fauna has the meaning given to it under s5 of the Biodiversity Conservation Act 2016. 5.4 Flora (1) Unless authorised to do so under a written law or with the written approval of the CEO or an authorised person, a person must not— (a) remove, damage or interfere with any flora that is on or above any local government property; or (b) cultivate, plant or deposit any flora on local government property. (2) In this clause– flora means all vascular plants, seeds and other flora, whether living or dead. 5.5 Animals (1) Unless authorised by a written law, permit or under this local law, a person must not— (a) tether any animal to a tree, shrub, tree guard, wall or fence on local government property; or (b) permit any animal to enter upon or into any local government property. (2) In subclause (1), 'animal' does not include a dog or an 'assistance animal' as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth). 5.6 Intoxicated persons not to be on local government property A person must not enter or remain on local government property while under the influence of liquor or a prohibited drug. 5.7 Only specified gender to use entry of toilet block or change room (1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or change room is to be used by– (a) females—then a person of the male gender must not use that entry of the toilet block or change room; (b) males—then a person of the female gender must not use that entry of the toilet block or change room; or (c) families—then, where the toilet block or change room is being used by a family, only an immediate member of that family may use that entry of the toilet block or change room. (2) Paragraphs (a) and (b) of subclause (1) do not apply to a child, when accompanied by a parent, guardian or caregiver, where the child is– (a) under the age of 8 years; or (b) otherwise permitted by an authorised person to use the relevant entry.

Div 2

Signs and powers to give directions

Division 2—Signs and powers to give directions 5.8 Signs (1) The CEO or an authorised person may erect a sign on local government property— (a) specifying any conditions of use which apply to that property; and (b) for any other purpose relevant to this local law, including giving notice of a breach of clause 5.4 and substituting a sign for flora that has been removed, damaged or interfered with contrary to clause 5.4.

28 April 2023 GOVERNMENT GAZETTE, WA 889 (2) A person must comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) is– (a) not to be inconsistent with any provision of this local law or any determination; and (b) to be for the purpose of giving notice of the effect of a provision of this local law. 5.9 Authorised person to be obeyed A person on local government property must obey any lawful direction of the CEO or an authorised person and must not in any way obstruct or hinder the CEO or an authorised person in the execution of her or his duties. 5.10 Refusal of entry and removal (1) If the CEO or an authorised person reasonably suspects that a person is breaching, or has just breached, a provision of this local law or any other written law, the CEO or authorised person may— (a) refuse to allow that person to enter local government property; (b) if the person is on local government property, direct the person to leave the local government property; and (c) specify a period of up to 30 calendar days within which the person is not to re-enter the local (2) A person who has been refused entry or who has been directed to leave under subclause (1) must immediately leave the local government property quickly and peaceably. (3) If a person fails to comply with subclause (2), the CEO or an authorised person may remove the person, or arrange for the person to be removed, from the local government property. (4) The CEO or an authorised person may reduce the period specified in subclause (1)(c) on application of the person who has been directed not to re-enter local government property. 5.11 Disposal of lost property An article left on any local government property, and not claimed within a period of 3 months, may be disposed of by the CEO or an authorised person– (a) if the value of the property is reasonably believed to exceed the amount prescribed by regulation 30(3) of the Local Government (Functions and General) Regulations 1996, using the process under section 3.58 of the Act for the sale of the article as if it was property referred to in that section; (b) if the article is reasonably believed to be of a negligible or little value or likely to be of no interest to a not for profit body, in any manner he or she thinks fit; or (c) in any other case, by donation to a not for profit body incorporated under the Associations Incorporations Act 2015. PART 6—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY

Div 1

Functions and closed property

Division 1—Functions and closed property 6.1 No unauthorised entry to function (1) A person must not enter local government property on such days or during such times as the property is set aside for a function for which a charge for admission is authorised, except– (a) through the proper entrance for that purpose; and (b) on payment of the fee chargeable for admission at the time. (2) The CEO or an authorised person may exempt a person from compliance with subclause (1)(b). 6.2 No entry to fenced or closed local government property A person must not enter local government property which has been fenced off or closed to the public by a sign or otherwise, unless that person is authorised to do so by the CEO or an authorised person. Division 2—Golf courses 6.3 Interpretation In this Division– controller means an authorised person who has been appointed to control and manage a golf course; golf course means that portion of a local government property which is laid out as a golf course and includes– (a) all tees, fairways, greens, practice tees, practice fairways, practice greens and any driving range; and (b) all buildings, structures, fittings, fixtures and equipment on that property. 6.4 Observance of special conditions of play While on a golf course, a player must– (a) observe and comply with a direction of the controller in respect of any special conditions of play; (b) observe and comply with a requirement of any notice erected to direct or control play; and (c) not be accompanied by a non playing person without the permission of the controller or an authorised person.

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890 GOVERNMENT GAZETTE, WA 28 April 2023 6.5 Children under the age of 10 years A person under the age of 10 years must not enter, play or practise on a golf course unless accompanied by a person of 18 years or older.

Div 3

Beaches

Division 3—Beaches 6.6 Powers of authorised persons or surf life saving club members (1) An authorised person employed by the local government may perform all or any of the following functions in relation to a beach– (a) patrol any beach; (b) carry out any activity on any beach; (c) erect signs designating bathing areas and signs regulating, prohibiting or restricting specified activities on the whole or any part of a beach or in or on the water adjacent to the beach and to direct persons on the beach or in or on the water to comply with such signs; (d) temporarily enclose any area with rope, hessian, wire or any other means for the conduct of surf life saving club activities; and (e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a shark is suspected of being in the vicinity of a beach. (2) Subject to subclause (3), the local government may authorise, under section 9.10 of the Act, one or more members of a surf life saving club to perform all or any of the functions listed in subclause (1). (3) Members authorised by the local government under subclause (2) must have been recommended by the surf life saving club as competent to perform the functions referred to in that subclause in respect of which they are authorised. (4) Under subclause (2), the local government may authorise members generally, or in relation to particular times, days or months. 6.7 Authority of local government employee to prevail If the local government has authorised a person under clause 6.6(1) and a member of a surf life saving club under clause 6.6(2) in relation to the same beach, where they could perform a function referred to in clause 6.6(1) contemporaneously, the authority of an authorised person employed by the local government under clause 6.6(1) is to prevail. 6.8 Persons to comply with signs and directions A person must– (a) not act in contravention of a sign erected on a beach under clause 6.6(1)(c); (b) not enter an area which has been temporarily closed with rope, hessian, wire or any other means for the conduct of surf life saving club activities, unless he or she is a member of the club or has obtained permission to enter from the club; (c) comply with any direction given under clause 6.6(1)(c) or 6.6(1)(e); and (d) not interfere with, obscure, obstruct, or hang any item of clothing or towel on a flag, sign, notice or item of life saving equipment.

Div 4

Airports

Division 4—Airports 6.9 Application This Part applies to each airport which is local government property within the district. 6.10 Use by aircraft (1) The owner of every aircraft, upon payment of the set fee and compliance with this local law and other written law, shall be entitled to use the airport for the landing, servicing and departure of their aircraft and the embarkment and disembarkment of passengers and freight. (2) The local government may close the airport to aircraft movements if it considers the surface of the airport to be unsafe. 6.11 Right of entry to airport (1) Except as provided, a person other than— (a) a person lawfully employed upon duties in or about the supervision and control of the airport, or acting under a permit or other agreement of or with the local government, in or about the arrival, departure and servicing of or other attention to aircraft lawfully using the airport; or (b) a passenger or intending passenger of an aircraft lawfully using the airport; or (c) a person greeting or seeing off a passenger or intending passenger of an aircraft lawfully using the airport; shall not enter or remain upon the airport or any part thereof without the approval of the local government. (2) The local government may from time to time designate or set apart any specified part or parts of the Airport— (a) to which only persons from time to time designated by the local government shall be admitted; (b) to which persons other than those mentioned in subclause (1) shall not be admitted;

28 April 2023 GOVERNMENT GAZETTE, WA 891 (c) to which the general public, or any limited classes of the general public, may be admitted, either at all times or at specified times, or for limited periods and generally upon such terms and conditions as the local government may resolve; (d) to which no vehicle may be admitted or to which a limited class of vehicles may be admitted or to which vehicles may be admitted only on such terms and conditions as the local government may resolve; (e) to which no aircraft may be admitted or to which a limited class of aircraft may be admitted or to which aircraft may be admitted only on such terms and conditions as the local government resolves. (3) Signs, markings or notices may be placed by the local government at the airport indicating the limits of any part of the airport set apart for any special or limited use under subclause (2). (4) Notwithstanding the provisions of this clause the local government may on special occasions, for instance, an aerial pageant or other event of public interest, make such arrangements for the control of the airport as it may by resolution impose. 6.12 Access of animals restricted (1) A person shall not bring an animal on to an airport unless– (a) the person is a person referred to in section 8 of the Dog Act 1976 acting in accordance with that provision; (b) the animal is being air freighted from the airport; (c) the animal has been air freighted to the airport; or (d) the person is authorised to do so by the local government. (2) A person in charge of an animal shall keep the animal under control and shall not allow it to wander at large on the airport. (3) If an animal is at any time on an airport in contravention of subclause (2), in addition to the person specified in that subclause, the owner of the animal at that time commits an offence against subclause (2). (4) This clause is subject to any written law and law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2).

Div 5

Jetties

Division 5—Jetties 6.13 Interpretation (1) This Division only applies to jetties which are local government property. (2) In this Division– jetty means any jetty, pier, wharf or landing place which is local government property; and bulk cargo means bulk produce, such as grain, coal, oil or mineral ore, which is not packaged. 6.14 Application for consent and application fee (1) Where a person is required to obtain the consent of the local government under this Part, the person is to apply for that consent in the manner required by the local government. (2) The local government may require an application for consent made under subclause (1) to be accompanied by a fee. (3) If an application for consent is not made in the manner required by the local government or the fee which is to accompany that application is not paid, the local government may refuse to consider the application for consent. (4) The local government shall give its decision on an application for consent, in writing to the person who applied for that consent. (5) Where a fee is referred to in this Part, the fee must be imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act inclusive. 6.15 When use of jetty is prohibited A person shall not land at, use or go on any part of a jetty which is– (a) under construction or repair; or (b) closed, unless that person has first obtained the consent of the local government. 6.16 Method of berthing boat A person in control of a boat shall not berth or make fast the boat to a jetty, or to any part of the jetty, except to such berthing piles, ring bolts or other fastenings as are provided. 6.17 When boat may remain berthed A person in control of a boat shall not berth or make fast the boat to a jetty unless– (a) the boat is in distress and then only to effect the minimum repairs necessary to enable the boat to be moved elsewhere; (b) the embarking or disembarking of passengers is in progress, and then not for a consecutive period exceeding 2 hours without the prior consent of the local government; (c) the loading or discharging of cargo or other goods is in progress in accordance with this Division;

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GOVERNMENT GAZETTE, WA 28 April 2023

892 GOVERNMENT GAZETTE, WA 28 April 2023 (d) where the boat is used at that time for commercial purposes, the person has first paid the fee (if any) for such berthing or making fast to the local government; or (e) to facilitate sea trials for newly launched vessels for a period as specified and approved by an authorised person. 6.18 Authorised person may order removal of boat Notwithstanding anything to the contrary in this Part, a person in control of a boat berthed or fastened to or alongside a jetty shall remove it immediately upon being directed to do so by an authorised person. 6.19 Restrictions on launching A person shall not launch a boat from or over any jetty (other than a boat ramp) unless she or he has first obtained the consent of the local government. 6.20 Loading and discharging A person in control of a boat shall not allow the boat to come alongside or be berthed or made fast to a jetty for the purpose of loading or discharging cargo or other goods– (a) until the cargo or other goods are ready to be loaded or discharged; or (b) without the consent of the local government— (i) between the hours of 6.00pm to 6.00am on the next day; or (ii) for longer than 2 consecutive hours. 6.21 Outgoing cargo not to be stored on jetty A person in control of cargo or other goods intended for loading on to a boat shall– (a) not allow them to be stored or placed on a jetty unless and until the boat is berthed or fastened to or alongside the jetty; and (b) load them on to the boat as soon as practicable after the boat is berthed or fastened to or alongside the jetty. 6.22 Removal of incoming cargo from jetty Any person unloading cargo or other goods from a boat on to a jetty shall remove them, or cause them to be removed from the jetty as soon as practicable, but not later than 6.00pm on the day on which they were placed there. 6.23 Authorised person may direct removal An authorised person may direct a person who, in the opinion of the authorised person, is in charge of cargo or other goods which remain on a jetty contrary to any provision of this Division to remove them from the jetty. 6.24 Handling of bulk cargo Except with the prior consent of the local government, a person shall not place or deposit bulk cargo from a vehicle, boat or container on to a jetty. 6.25 Limitations on fishing A person shall not– (a) fish from a jetty so as to obstruct or interfere with the free movement of a boat approaching or leaving the jetty or so as to unreasonably interfere with the use of the jetty by any other person; or (b) hang or spread a fishing net from, on or over any part of a jetty.

Part 7

ACTIVITIES IN STREETS

PART 7—ACTIVITIES IN STREETS Division 1—General 7.1 General prohibitions A person must not– (a) plant, or allow to remain, in a street a plant that is or may become an obstruction to a reasonable sight line hazard for a driver of any vehicle negotiating or using the street; (b) damage a lawn or a garden, or remove any plant or part of a plant from a lawn or a garden, in a street unless– (i) the person is the owner or the occupier of the lot abutting that portion of the street and the lawn or the garden or the particular plant has not been installed or planted by the local government; or (ii) the person is acting under the authority of a written law; (c) damage, or remove a street tree, or part of a street tree, irrespective of whether it was planted by the owner or occupier of the lot abutting the street or by the local government, unless– (i) the damage to, or removal of, the street tree is authorised by the CEO or an authorised person in writing; or (ii) the person is acting under authority of written law; (d) place, or allow to be placed or remain, on a street any thing (except water) that– (i) obstructs the street; or

28 April 2023 GOVERNMENT GAZETTE, WA 893 (ii) results in a hazard for any person using the street; (e) unless at the direction of the CEO or an authorised person, damage, remove or interfere with any part of a street, or any structure erected on a street, by the local government or a person acting under the authority of a written law; or (f) play or participate in any game or sport so as to cause danger to any person or thing or impede the movement of vehicles or persons on a street. 7.2 Activities allowed with a permit (1) A person must not, without a permit– (a) dig or otherwise create a trench through or under a kerb or footpath; (b) throw, place or deposit any thing on a verge or street except for removal by the local government under a bulk rubbish collection, and then only in accordance with the terms and conditions and during the period of time advertised in connection with that collection by the local government; (c) cause any obstruction to a vehicle or a person using a street as a street; (d) cause any obstruction to a water channel or a water course in a street; (e) throw, place or drain offensive, noxious or dangerous fluid onto a street; (f) damage a street; (g) fell or damage any street tree; (h) fell any tree onto a street; (i) light any fire or burn any thing on a street other than in a stove or fireplace provided for that purpose; (j) unless installing, or in order to maintain, a permissible verge treatment– (i) lay pipes under or provide taps on any verge; or (ii) place or install, on any part of a street, any thing such as gravel, stone, flagstone, cement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust; (k) provide, erect, install or use in or on any building, structure or land abutting on a street any hoist or other thing for use over the street; (l) on a street use anything or do anything so as to create a nuisance; (m) place or cause to be placed on a street a bulk rubbish container; (n) interfere with the soil of, or anything in, a street or take anything from a street; (o) conduct or carry on any trading on a street or public place; (p) conduct, carry on or set up a market or stall on a street or public place; (q) conduct or carry on an entertainment event on a street or public place; or (r) film or make a recording as part of or for commercial gain on a street or public place. (2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the application of that person. 7.3 Notice to owner or occupier The CEO or an authorised person may give a notice in writing to the owner or the occupier of a lot abutting on a verge to make good, within the time specified in the notice, any breach of a provision of this Part. Division 2—Permissible verge treatments 7.4 Permissible verge treatments (1) An owner or occupier of land which abuts on a verge may, on that part of the verge directly in front of her or his land, install a permissible verge treatment. (2) A permissible verge treatment is– (a) the planting and maintenance of a lawn; (b) the planting and maintenance of a garden provided that– (i) clear sight visibility is maintained at all times for a person using the abutting street in the vicinity of an intersection or bend in the street or using a driveway on land adjacent to the street for access to or from the street; (ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of 2m along that part of the verge immediately adjacent to the kerb; (iii) it does not include a wall or built structure; and (iv) it is not of a thorny, poisonous or hazardous nature; and (c) the installation of an acceptable material. (3) In this clause acceptable material means any material which would create a hard surface, and which has been approved by the local government. (4) A person must not install or maintain a verge treatment which is not a permissible verge treatment. (5) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each to be taken to have installed and maintained that verge treatment for the purposes of this clause and clause 8.5.

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894 GOVERNMENT GAZETTE, WA 28 April 2023 7.5 Obligations of owner or occupier An owner or occupier who installs or maintains a permissible verge treatment must– (a) keep the permissible verge treatment in a good and tidy condition and ensure, where the verge treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining the verge are not obstructed by the verge treatment; (b) ensure that clear sight visibility is maintained at all times for a person using the abutting thoroughfare in the vicinity of an intersection or bend in a thoroughfare, or using a driveway on land adjacent to the thoroughfare for access to or from the thoroughfare; (c) not place any obstruction on or around the verge treatment; (d) not disturb a footpath on the verge; (e) ensure that the verge treatment does not damage or obstruct a drain, manhole, galley, inspection pit, channel, kerb or tree planted by the local government; and (f) ensure that any sprinklers or pipes installed to irrigate a verge treatment– (i) do not protrude above the level of the lawn or verge treatment when not in use; (ii) are not used at such times so as to cause unreasonable inconvenience to pedestrians or other persons; and (iii) do not otherwise present a hazard to pedestrians or other persons. 7.6 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 which– (a) was installed prior to the commencement day; and (b) on the commencement day is a type of verge treatment which was permitted under and complied with the former provisions, is to be taken to be a permissible verge treatment for so long as the verge treatment remains of the same type and continues to comply with the former provisions. 7.7 Power to carry out public works on verge Where the local government or an authority empowered to do so under a written law disturbs a verge, the local government or the authority– (a) is not liable to compensate any person for that disturbance; (b) may backfill with sand, if necessary, any garden or lawn; and (c) is not liable to replace or restore any– (i) verge treatment and, in particular, any plant or any acceptable material or other hard surface; or (ii) sprinklers, pipes or other reticulation equipment. Division 3—Vehicle crossings 7.8 Temporary crossings (1) Where it is likely that works on a lot will involve vehicles leaving a street and entering the lot, the person responsible for the works must obtain a permit for the construction of a temporary crossing to protect the existing carriageway, kerb, drains, footpath, existing materials and street trees, where– (a) a crossing does not exist; or (b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely to cause damage to the crossing. (2) The person responsible for the works in subclause (1) is to be taken to be– (a) the builder named on the building permit issued under the Building Act 2011, if one has been issued in relation to the works; or (b) the owner of the lot, if no building permit has been issued under the Building Act 2011 in relation to the works. (3) If the permit authority for the purpose of subclause (1) is the local government, the permit is taken to be issued on the condition that until such time as the temporary crossing is removed, the person to whom the permit is given must keep the temporary crossing in good repair and in such a condition so as not to create any danger or obstruction to persons using the street. 7.9 Removal of redundant crossing (1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be removed and the kerb, drain, footpath, verge and any other part of the street affected by the removal are to be reinstated to the satisfaction of the CEO. (2) The CEO may give written notice to the owner or occupier of a lot requiring her or him to– (a) remove any part of or all of a crossing which does not give access to the lot; and

28 April 2023 GOVERNMENT GAZETTE, WA 895 (b) reinstate the kerb, drain, footpath, verge and any other part of the street, which may be affected by the removal, within the period of time stated in the notice, and the owner or occupier of the lot must comply with that notice. Division 4—Property numbers 7.10 Assignment of numbers (1) The CEO or an authorised person may assign a number to a lot in the district and may assign another number to the lot instead of that previously assigned. (2) In this clause, number means a number of a lot with or without an alphabetical suffix indicating the address of a lot by reference to a thoroughfare. Division 5—Fencing 7.11 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act A public place, as that term is defined in clause 1.5, is specified as a public place for the purpose of item 4(1) of Division 1 of Schedule 3.1 of the Act.

Div 6

Signs erected by the local government

Division 6—Signs erected by the local government 7.12 Signs (1) The local government may erect a sign in a street specifying any conditions of use which apply to that street. (2) A person must comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving notice of the effect of a provision of this local law. 7.13 Transitional Where a sign erected in a street has been erected under a repealed local law then, on and from the commencement day, it is to be taken to be a sign erected under clause 7.12 if– (a) the sign specifies a condition of use relating to the street which gives notice of the effect of a provision of this local law; and (b) the condition of use specified is not inconsistent with any provision of this local law.

Div 7

Driving on a closed street

Division 7—Driving on a closed street 7.14 No driving on closed street (1) A person must not drive or take a vehicle on a closed street unless– (a) it is in accordance with any limit or exception specified in the order made under section 3.50 of the Act; or (b) the person has first obtained a permit. (2) In this clause– closed street means a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the Act.

Div 8

Notices

Division 8—Notices 7.15 Notice to redirect or repair sprinkler Where a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a manner which causes or may cause an inconvenience or obstruction to any person using a street, the CEO or an authorised person may give a written notice to the owner or the occupier of the land abutting the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of the sprinkler or other watering equipment. 7.16 Notice to remove hazardous plants (1) Where a plant in a garden creates or may create a hazard for any person using a street, the CEO or an authorised person may give a written notice to the owner or the occupier of the land abutting on the garden to remove, cut, move or otherwise deal with that plant so as to remove the hazard. (2) Subclause (1) does not apply where the plant was planted by the local government. 7.17 Notice to remove any thing unlawfully placed on street Where any thing is placed on a street in contravention of this local law, the CEO or an authorised person may give a written notice– (a) to the owner or the occupier of the property which abuts that portion of the street where the thing has been placed; or (b) to any other person who may be responsible for the thing being so placed, requiring the person to remove the thing.

896 GOVERNMENT GAZETTE, WA 28 April 2023 PART 8—ACTIVITIES IN PUBLIC PLACES Division 1—General provisions 8.1 Leaving animal or vehicle in public place (1) A person must not leave an animal or a vehicle, or any part of a vehicle, in a public place so that it obstructs the use of any part of that public place, unless that person has first obtained a permit or is authorised to do so under a written law. (2) A person does not contravene subclause (1) where the animal is secured or tethered for a period not exceeding 1 hour. (3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours. 8.2 Prohibitions relating to animals (1) In subclause (2), owner in relation to an animal includes– (a) an owner of it; (b) a person in possession of it; (c) a person who has control of it; and (d) a person who ordinarily occupies the premises where the animal is permitted to stay. (2) An owner of an animal must not– (a) allow the animal to enter or remain for any time on any public place except for the use of the public place as a thoroughfare and unless it is led, ridden or driven; (b) allow the animal, if it has a contagious or infectious disease. to be led, ridden or driven in a public place; or (c) train or race the animal in a public place. (3) An owner of a horse must not lead, ride or drive the horse on a street, unless that person does so under a permit or under the authority of a written law. (4) This clause is subject to any written law and law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2). 8.3 Shopping trolley to be marked A retailer must clearly mark its name or its trading name on any shopping trolley made available for the use of customers. 8.4 Person not to leave trolley in public place A person must not leave a shopping trolley in a public place other than in an area set aside for the storage of shopping trolleys. 8.5 Retailer to remove abandoned trolley (1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of shopping trolleys, the CEO or an authorised officer may advise (verbally or in writing) a retailer whose name is marked on the trolley of the location of the shopping trolley. (2) A retailer must remove a shopping trolley within 24 hours of being so advised under subclause (1). 8.6 Retailer taken to own trolley In the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer whose name is marked on the trolley.

Part 9

PERMITS

PART 9—PERMITS Division 1—Applying for a permit 9.1 Application for permit (1) Where a person is required to obtain a permit under this local law, that person must apply for the permit in accordance with subclause (2). (2) An application for a permit under this local law must– (a) be in the form determined by the CEO; (b) be signed by the applicant; (c) provide the information required by the form; and (d) be forwarded to the CEO together with any fee imposed by the Council under sections 6.16 to 6.19 of the Act. (3) The CEO or an authorised person may require an applicant to provide additional information reasonably related to the application before determining the application. (4) The CEO or an authorised person may require an applicant to give local public notice of the application. (5) The CEO or an authorised person may refuse to consider an application which is not in accordance with subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied.

28 April 2023 GOVERNMENT GAZETTE, WA 897 9.2 Decision on application (1) The CEO or an authorised person may– (a) approve an application unconditionally or subject to any conditions; or (b) refuse to approve an application. (2) If the CEO or an authorised person approves an application, he or she is to issue to the applicant a permit in the form determined by the CEO. (3) If the CEO or an authorised person refuses to approve an application, he or she is to give written notice of that refusal to the applicant. (4) The CEO or an authorised person may, at any time, amend a condition of approval and the amended condition takes effect when written notice of it is given to the permit holder. 9.3 General restrictions on grant of permit (1) The CEO or an authorised person must not grant a permit if there are reasonable grounds for believing that the carrying on of the activity to which the application relates would constitute an unacceptable risk to the safety of the public. (2) The CEO or an authorised person must not grant a permit unless the CEO or an authorised person is satisfied that– (a) the applicant is capable of carrying on the activity in accordance with this local law and the terms and conditions of the permit; (b) the public place at which the activity is to be carried on is suitable for that purpose; (c) a permit or similar authority granted or issued to the applicant has not been cancelled in the period of 5 years before the application is made; and (d) the applicant is a fit and proper person to carry on the activity. 9.4 Amendment of permit amend includes– (a) to impose any new condition; and (b) to change or remove any existing condition. (2) The CEO or an authorised person may, by written notice given to the permit holder, amend a permit. (3) An amendment may be made on application made by the permit holder or on the CEO or authorised person's initiative. Division 2—Conditions 9.5 Examples of conditions (1) Examples of the conditions that the CEO or an authorised person may impose on a permit under clause 9.2(1)(a) or 9.4(2) are conditions relating to– (a) the payment of a fee; (b) compliance with a standard or a policy adopted by the local government; (c) the duration and commencement of the permit; (d) the commencement of the permit being contingent on the happening of an event; (e) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (f) the approval of another application for a permit which may be required by the local government under any written law; (g) the area of the district to which the permit applies; (h) where a permit is issued for an activity which will or may cause damage to local government property, the payment of a deposit or bond against such damage; and (i) the obtaining of public risk insurance in an amount and on terms reasonably required by the CEO or an authorised person. (2) Examples of the type and content of the conditions on which a permit to hire local government property may be issued include– (a) when fees and charges are to be paid; (b) payment of a bond against possible damage or cleaning expenses or both; (c) restrictions on the erection of material or external decorations; (d) rules about the use of furniture, plant and effects; (e) limitations on the number of persons who may attend any function in or on local government property; (f) the duration of the hire; (g) the right of the CEO or an authorised person to cancel a booking during the course of an annual or seasonal booking, if the CEO or an authorised person sees fit; (h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first obtained for that purpose under the Liquor Control Act; (i) whether or not the hire is for the exclusive use of the local government property;

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898 GOVERNMENT GAZETTE, WA 28 April 2023 (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. 9.6 Imposing conditions under a policy policy means a local government policy adopted by the Council under section 2.7 of the Act containing conditions subject to which an application for a permit may be approved under clause 9.2. (2) Under clause 9.2(1)(a) the CEO or an authorised person may approve an application subject to conditions by reference to a policy. (3) The CEO or an authorised person must give to the permit holder a copy of the policy or, at the discretion of the CEO or the authorised person, the part of the policy which is relevant to the application for a permit, with the form of permit referred to in clause 9.2(2). (4) An application for a permit is not to be taken to have been approved subject to the conditions contained in a policy until the CEO or an authorised person gives the permit holder a copy of the policy or the part of the policy which is relevant to the application. (5) Sections 5.94 and 5.95 of the Act apply to a policy and, for that purpose, a policy is deemed to be information within section 5.94(u)(i) of the Act. 9.7 Compliance with conditions Where an application for a permit has been approved subject to conditions, the permit holder must comply with each of those conditions, as amended. Division 3—Duration of permits 9.8 Duration of permit A permit is valid for one year from the date on which it is issued, unless it is– (a) otherwise stated in this local law or in the permit; or (b) suspended or cancelled under this Division. 9.9 Renewal of permit (1) A permit holder may apply to the CEO for the renewal of a permit. (2) An application for renewal must– (a) be in the form determined by the CEO; (b) be signed by the permit holder; (c) provide the information required by the form; (d) be forwarded to the CEO no later than 28 days before the expiry of the permit, or within a shorter period that the CEO in a particular case permits; and (e) be accompanied by any fee imposed by the Council under section 6.16 to 6.19 of the Act. (3) The provisions of this Part that apply to an application for a permit also apply to an application for the renewal of a permit as though it were an application for a permit. 9.10 Transfer of permit (1) An application for the transfer of a valid permit is– (a) to be made in writing; (b) to be signed by the permit holder and the proposed transferee of the permit; (c) to include such information as the CEO or an authorised person may require to enable the application to be determined; and (d) to be forwarded to the CEO together with any fee imposed by the Council under sections 6.16 to 6.19 of the Act. (2) The CEO or an authorised person may approve an application for the transfer of a permit, refuse to approve it or approve it subject to any conditions. (3) Where the CEO or an authorised person approves an application for the transfer of a permit, the transfer may be effected by an endorsement on the permit signed by the CEO or the authorised person. (4) Where the CEO or an authorised person approves the transfer of a permit, the local government is not required to refund any part of any fee paid by the former permit holder. 9.11 Suspension of permit (1) The CEO may, subject to clause 9.12, by written notice given to the permit holder, suspend a permit if there are reasonable grounds for believing that– (a) the permit holder has contravened a term or condition of a permit; (b) the permit holder has contravened a provision of this local law; or (c) the continued carrying on of the activity authorised by the permit constitutes or will constitute an unacceptable risk to the safety of the public.

28 April 2023 GOVERNMENT GAZETTE, WA 899 (2) The suspension notice must– (a) state the day, or the day and time, on or at which the suspension takes effect; (b) state the reasons for the CEO's decision to suspend the permit; and (c) where appropriate, indicate what steps need to be taken to ensure that there is compliance with the relevant provision, term or condition or that there is no longer a risk as described in subclause (1)(c); and (d) inform the permit holder that he/she has a right to apply under the Act for a review of the CEO's decision to suspend the permit. 9.12 Proposed suspension (1) If the CEO proposes to suspend a permit for the reason mentioned in clause 9.11(1)(a), the CEO must give written notice to the permit holder of the proposed suspension. (2) The notice must– (a) state that the CEO proposes to suspend the permit; (b) state the reasons for the proposed suspension; and (c) inform the permit holder that the permit holder is entitled to make representations to the CEO in respect of the proposed suspension within 7 days after the day on which the permit holder is given the notice. (3) In considering whether to suspend the permit, the CEO must have regard to any representations made by the permit holder within the period referred to in subclause (2)(c). 9.13 Revocation of suspension (1) The CEO must, by written notice given to the permit holder, revoke the suspension of a permit if the CEO is satisfied that the steps specified in the suspension notice have been taken. (2) The CEO may, by written notice given to the permit holder, revoke the suspension of the permit if the CEO considers that it is appropriate to do so in the circumstances of a particular case. 9.14 Period of suspension The suspension of a permit has effect on the day, or the day and time, specified in the suspension notice until one of the following happens– (a) the suspension is revoked under clause 9.13; (b) the permit is cancelled under clause 9.15 or expires; or (c) the permit is surrendered in accordance with the provisions of this local law. 9.15 Cancellation of permit A permit may be cancelled by the CEO if– (a) the permit was obtained improperly by including false or misleading information; (b) the permit holder has persistently or frequently contravened a term or condition of the permit, or a provision of this local law, whether or not the permit is or has been suspended on the grounds of a contravention; or (c) there are reasonable grounds for believing that the continued carrying on of the activity constitutes or would constitute an unacceptable risk to the safety of the public, whether or not the permit has been suspended on the grounds of that risk. 9.16 Surrender of permit A permit holder may, at any time by notice in writing to the CEO, surrender the permit. Division 4—Responsibilities of permit holders and others 9.17 Production of permit A permit holder must produce to an authorised person her or his permit immediately after being required to do so by that authorised person. 9.18 Other responsibilities of permit holder A permit holder must, in respect of local government property to which the permit 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 a direction from the CEO or an authorised person to take the action specified in the direction for the purpose of maintaining public safety; (c) leave the local government property in a clean and tidy condition after its use; (d) report any damage or defacement of the local government property to the CEO or an authorised person; and (e) take reasonable action to prevent the consumption of any liquor on the local government property unless the permit allows it and a licence has been obtained under the Liquor Control Act for that purpose. 9.19 Production of permit document for amendment If the CEO or an authorised person amends or renews a permit, the permit holder must, if required by the CEO or authorised person, produce the permit document to the CEO or authorised person for amendment within the period specified by the CEO or authorised person.

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GOVERNMENT GAZETTE, WA 28 April 2023

900 GOVERNMENT GAZETTE, WA 28 April 2023 9.20 Return of permit document if permit no longer in effect If a permit– (a) has expired or has not been renewed; (b) has been suspended or cancelled; or (c) has been surrendered, the person who was the permit holder must, as soon as practicable after the expiry, suspension, cancellation or surrender, return the permit document to the CEO. 9.21 Advertising A person must not advertise, or otherwise hold out in any way, that the person conducts a commercial activity in any public place unless that person holds a permit authorising that commercial activity. 9.22 False or misleading statement A person must not make a false or misleading statement in connection with an application in respect of a permit under this local law. PART 10—OBJECTIONS AND REVIEW 10.1 Objection and review rights Division 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal, transfer, amendment, suspension or cancellation of a permit. PART 11—ENFORCEMENT Division 1—Notices 11.1 Definition In this Division– costs of the local government include its administrative costs. 11.2 Damage to local government property If a person unlawfully removes, damages or interferes with local government property or portion of a street, the CEO or an authorised person may give the person a notice requiring that person, within the time specified in the notice, to do any one or more of the following (at the local government's option)– (a) reinstate the property to the state it was in before the removal, damage or interference; (b) replace that property; or (c) pay for the costs of reinstatement or replacement. 11.3 Breach of a permit If a permit holder breaches a condition of the permit, or fails to comply with a direction under this local law, the CEO or an authorised person may give the person a notice. 11.4 Notice requirements A notice under this Division must– (a) be in writing; (b) specify the reason for giving the notice, the work or action that is required to be undertaken and the time within which it is to be undertaken; and (c) be given to the person referred to in clause 11.2 or 11.3, as the case may be. 11.5 Local government may undertake requirements of notice (1) If a person fails to comply with a notice referred to in clause 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; and (b) recover from the person, as a debt, the costs of doing so. (2) If a person fails to comply with a notice referred to in clause 11.3, the local government may– (a) take whatever remedial action it considers appropriate to put the local government in the position it would have been in if the breach or failure had not occurred; and (b) recover from the person, as a debt, the costs of doing so. 11.6 Offence to fail to comply with notice A person who fails to comply with a notice given to him or her under this local law commits an offence. Division 2—Offences and penalties 11.7 Offences and general penalty (1) A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) A person who commits an offence under this local law is liable, on conviction, to a penalty not less than $500 and not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued.

28 April 2023 GOVERNMENT GAZETTE, WA 901 11.8 Prescribed offences (1) An offence against a clause specified in Schedule 3 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The modified penalty for a prescribed offence is the amount specified adjacent to the clause in Schedule 3. (3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the commission of a prescribed offence, the local government should be satisfied that– (a) commission of the prescribed offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable. 11.9 Form of notices (1) For the purposes of this local law– (a) where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations; (b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in

Sch 1

of the Regulations; and

Schedule 1 of the Regulations; and (c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Regulations. (2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence against clause 2.4, the notice is to contain a description of the alleged offence. 11.10 Evidence of a determination (1) In any legal proceedings, evidence of a determination may be given by tendering the register referred to in clause 2.5 or a certified copy of an extract from the register. (2) It is to be presumed, unless the contrary is proved, that the determination was properly made and that every requirement for it to be made and have effect has been satisfied. (3) Subclause (2) does not make valid a determination that has not been properly made. ———— SCHEDULE 1—DETERMINATIONS [Clause 2.1] The following determinations are to be taken to have been made by the local government under clause 2.1. PART 1—PRELIMINARY 1.1 Definition In these determinations– local law means the Public Places and Local Government Property Local Law 2022 made by the local government. 1.2 Interpretation Where a term is used but not defined in a determination and that term is defined in this local law then the term is to have the meaning given to it in this local law. PART 2—APPLICATION 2.1 Vehicles on local government property (1) Unless authorised by a permit or determination, a person must not take or cause a vehicle to be taken onto or driven on local government property unless– (a) subject to subclause (3), the local government property is clearly designated as a road, access way or car park; (b) the vehicle is driven by a local government employee, authorised person or contractor engaged by the local government, who is engaged in– (i) providing a service or making a delivery in connection with the local government (ii) maintaining the local government property; (c) the person is driving an emergency vehicle in the course of his or her duties; (d) the vehicle is– (i) driven on local government property that has been designated as a golf course; (ii) used in accordance with the conditions set down by the local government, the controller or an authorised person; and (iii) of a type allowed to be taken onto the golf course by the local government, the controller or an authorised person; or

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GOVERNMENT GAZETTE, WA 28 April 2023

902 GOVERNMENT GAZETTE, WA 28 April 2023 (e) the vehicle is a motorised wheelchair, and the driver of that vehicle is a disabled person. (2) A person must not drive a vehicle or allow a vehicle to be driven on local government property at a speed exceeding 10 kilometres per hour or as otherwise indicated by a sign, or in such a manner as to cause danger to any person. (3) Other than in accordance with paragraphs (b), (c), (d) or (e) of subclause (1), a person must not drive a vehicle on local government property that is being used for a function for which a permit has been obtained unless permitted to do so by the permit holder or an authorised person. 2.2 Motorised model aeroplanes, toys or ships A person must not use, launch or fly a drone, motorised model aeroplane, toy, ship, glider or rocket that is propelled by mechanical, hydraulic, combustion or pyrotechnic means on or from local government property except in accordance with a permit or determination that specifies that particular local 2.3 Children's playgrounds (1) The local government may set aside a public reserve or any portion of a public reserve as a children's playground. (2) The local government may limit the ages of persons who are permitted to use a children's playground and may erect a sign under clause 2.3 of this local law to that effect on or in the immediate vicinity of the playground. (3) A person over the age specified on that sign, other than a person having the charge of a child or children in the playground, must not use a playground or interfere with the use by children of the playground. 2.4 Launching and retrieval of boats A person must not take a boat onto, launch a boat from, or retrieve a boat on, local government property except in accordance with permit or a determination that specifies that particular local government property unless– (a) the person is– (i) a local government employee or authorised person; or (ii) a contractor engaged by the local government and who is engaged in providing a service, maintaining or making a delivery in connection with, the local government property. (b) the person is in charge of a boat engaged in rescue services or dealing with an emergency; or (c) the local government property is a boat ramp that is delineated by a sign to that effect. 2.5 Activities prohibited on local government property (1) A person must not play or practise archery or pistol or rifle shooting on local government property except on land which is reserved by the local government for that purpose, or as otherwise permitted by a determination or permit. (2) A person must not play or practise golf on local government property except on a reserve set aside by the local government as a golf course. (3) A person must not, on any local government property, use or ride a bicycle or wheeled recreational device, skateboard, or sand board– (a) inside, or on the curtilage to, a building; (b) on a golf course except to the extent permitted under clause 2.1(1)(d) of these Determinations; or (c) in or on a lakebed or waterway. (4) A person must not use on, or take on to, any local government property, a spear gun, hand spear, gidgie or similar device unless permitted by a determination or permit. (5) A person shall not traverse sand dunes except along pathways designated by signs or fences for the purpose. ————

Sch 2

PRESCRIBED OFFENCES

SCHEDULE 2—PRESCRIBED OFFENCES [Clause 12.8] Item 1 2.4 Failure to comply with a determination 100 2 3.1 Undertaking activity on local government property without a permit 3 3.2 Camping on local government property or erecting an unauthorised structure 4 3.3 Failure to obtain licence for liquor 100 5 4.2 Failure to obtain permit for sign 100 6 4.4(3) Failure to comply with sign permit condition 100

28 April 2023 GOVERNMENT GAZETTE, WA 903 Item 7 5.1 Behaviour interfering with others 100 8 5.2 Behaviour detrimental to local government property 100 9 5.3 Taking or injuring fauna without authorisation 100 10 5.4 Removing, damaging or depositing flora without 11 5.5 Animal on local government property without a permit 100 12 5.6 Under influence of liquor or prohibited drug on local government property 13 5.8 Failure to comply with sign 100 14 5.9 Failure to comply with direction of authorised person 100 15 6.1, 6.2 Unauthorised entry to event, closed or fenced local government property 16 6.4 Failure to observe conditions of play or direction of course controller on golf course 17 6.8 Failure to comply with sign or direction on beach 100 18 6.11 Unauthorised entry to airport premises 100 19 6.12 Animal on airport premises without approval 100 20 6.15 Unauthorised use of any part of jetty which is closed or under repair or construction 21 6.16 Berthing of boats in unauthorised manner 100 22 6.17 Unauthorised berthing of a boat to jetty 100 23 6.18 Failure to remove berthed boat on direction of authorised person 24 6.19 Launching of boat from jetty without consent 100 25 6.20 Berthing when not ready to load or discharge cargo, at times not permitted or for longer than permitted 100 26 6.21 Unlawful storing of goods on jetty 100 27 6.22 Removing goods from jetty during other than permitted hours 100 28 6.23 Failure to remove cargo on jetty on direction of authorised person 100 29 6.24 Unauthorised deposit of bulk cargo on jetty 100 30 6.25 Fishing from jetty so as to obstruct a boat or another person 100 31 7.1(a), 7.4(2)(b) Planting or allowing plant or verge treatment in street to become a sightline hazard 100 32 7.1(b) Damaging a street lawn or garden 100 33 7.1(c) Damaging or removing whole or part of a street tree without authorisation 300 34 7.1(d) Obstruction of street 100 35 7.1(e) Damaging, removing or interfering with street, part of street, sign or structure in a street without 36 7.1(f) Playing games in street so as to impede vehicles or persons 100 37 7.2 Carry on or undertake prohibited activity in street or damage local government property in a street without 38 7.4(4) Install verge treatment that is not a permissible treatment 100 7.5(a), 7.5(d) 7.5(e) Failure to keep permissible verge treatment in good and tidy condition, obstruct a street, footpath, drain, or driveway 40 7.5(c) Placing an obstruction on or around a verge treatment 100 41 7.5(f) Failure to ensure sprinklers or reticulation pipes do not protrude above level of verge treatment when not in use, not used at such times as to cause inconvenience to pedestrians, or otherwise present a hazard 42 7.8 Failure to obtain permit for a temporary crossing 100

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904 GOVERNMENT GAZETTE, WA 28 April 2023 Item 43 7.9 Failure to remove redundant crossing or reinstate kerb, drain, footpath, verge or street 100 44 7.12 Failure to comply with condition of use of a street indicated by a sign 100 45 8.1(1) Animal or vehicle obstructing public place without authorisation 100 46 8.2(2) Animal in public place when not led, ridden or driven 100 47 8.3 Failure to clearly mark name or trading name on shopping trolley 100 48 8.4 Person leaving a shopping trolley in a public place other than trolley bay 100 49 8.5 Failure to remove shopping trolley after being advised of location 100 50 9.7 Failure to comply with permit condition 100 51 9.18 Failure to comply with permit condition in relation to local government property 100 52 9.17, 9.19, 9.20 Failure to produce permit for inspection, amendment or to return permit when no longer in effect 100 53 11.6 Failure to comply with notice 300 54 11.7 All other offences not specified 100 ———— Dated 21 April 2023. The Common Seal of the Shire of Ashburton was affixed by authority of a resolution of the Council in the presence of– K WHITE, Shire President. K DONOHOE, Chief Executive Officer. ———————————

Source text: opening excerpt

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

875 ISSN 2204-4264 (online) PERTH, FRIDAY, 28 APRIL 2023 No. 49 SPECIAL PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA LOCAL GOVERNMENT ACT 1995

SHIRE OF ASHBURTON ——————————— PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2023

28 April 2023 GOVERNMENT GAZETTE, WA 877 LOCAL GOVERNMENT ACT 1995 SHIRE OF ASHBURTON PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2023 CONTENTS PART 1—PRELIMINARY .............................................................................................................. 881 1.1 Title .............................................................................................................................................. 881 1.2 Commencement............................................................................................................................ 881 1.3 Application ................................................................................................................................... 881 1.4 Repeal and transitional provisions ............................................................................................. 881 1.5 Definitions .................................................................................................................................... 881 1.6 Interpretation............................................................................................................................... 883 1.7 Overriding power to hire and agree ............................................................................................ 883 PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY .. 883 2.1 Determinations as to use of local government property ............................................................ 883 2.2 Procedure for making a determination ....................................................................................... 884 2.3 Discretion to erect sign ................................................................................................................ 884 2.4 Determination to be complied with ............................................................................................. 884 2.5 Register of determinations .......................................................................................................... 884 2.6 Amendment or revocation of a determination ............................................................................ 884 2.7 Activities which may be pursued on specified local government property ................................ 884 2.8 Activities which may be prohibited on specified local government property ............................ 885 2.9 Sign under repealed local law taken to be determination ......................................................... 885 PART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A PERMIT ................................................................................................................ 885 3.1 Activities requiring a permit ....................................................................................................... 885 3.2 Erecting structures or camping ................................................................................................... 886 3.3 Licence required for possession and consumption of liquor ....................................................... 886 PART 4—ADVERTISING SIGNS ON THOROUGHFARES .................................................... 887 4.1 Interpretation............................................................................................................................... 887 4.2 Advertising signs and portable direction signs .......................................................................... 887 4.3 Matters to be considered in determining application for permit ............................................... 887 4.4 Conditions on portable sign ......................................................................................................... 887 PART 5—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY .............................. 888 Division 1—Prohibited behaviour ..................................................................................................... 888 5.1 Behaviour which interferes with others ..................................................................................... 888 5.2 Behaviour detrimental to property ............................................................................................. 888 5.3 Taking or injuring fauna ............................................................................................................. 888 5.4 Flora ............................................................................................................................................. 888 5.5 Animal .......................................................................................................................................... 888 5.6 Intoxicated persons not to be on local government property ..................................................... 888 5.7 Only specified gender to use entry of toilet block or change room ............................................ 888 Division 2—Signs and powers to give directions .............................................................................. 888 5.8 Signs ............................................................................................................................................. 888 5.9 Authorised person to be obeyed................................................................................................... 889 5.10 Refusal of entry and removal .................................................................................................... 889 5.11 Disposal of lost property ............................................................................................................ 889 PART 6—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY ........................................................................................................ 889 Division 1—Functions and closed property....................................................................................... 889 6.1 No unauthorised entry to function .............................................................................................. 889 6.2 No entry to fenced or closed local government property ............................................................ 889 Division 2—Golf courses .................................................................................................................... 889 6.3 Interpretation............................................................................................................................... 889