Part 7ACTIVITIES 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.