894GOVERNMENT GAZETTE, WA 28 April 2023

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a hazard to pedestrians or other persons. 7.6 Transitional provision former provisions means the provisions of the repealed local laws which permitted certain types of verge treatments, whether with or without the consent of the local government.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