2320GOVERNMENT GAZETTE, WA 2 May 2017

2320 GOVERNMENT GAZETTE, WA 2 May 2017 (2) The permissible verge treatments are— (a) the planting and maintenance of a lawn; (b) the planting and maintenance of a garden provided that— (i) clear sight visibility is maintained at all times for a person using the abutting thoroughfare in the vicinity of an intersection or bend in the thoroughfare; and (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; (c) the installation of an acceptable material; or (d) the installation over no more than one third of the area of the verge (excluding any vehicle crossing) of an acceptable material in accordance with paragraph (c), and the planting and maintenance of either a lawn or a garden on the balance of the verge in accordance with paragraph (a) or (b). 2.7 Only permissible verge treatments to be installed (1) A person shall not install or maintain a verge treatment which is not a permissible verge treatment. (2) 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 2.8. 2.8 Obligations of owner or occupier An owner or occupier who installs or maintains a permissible verge treatment shall— (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) not place any obstruction on or around the verge treatment; (c) not disturb a footpath on the verge; (d) ensure the verge treatment does not cause an obstruction to the sight of any person using a footpath on the verge or a carriageway or crossing adjoining the verge or in proximity to it; (e) ensure that the verge treatment does not damage or obstruct a drain, manhole, gully, 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) are not used at such times so as to cause unreasonable inconvenience to pedestrians or other persons, and (ii) do not otherwise present a hazard to pedestrians or other persons. 2.9 Notice to owner or occupier The local government 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 Division.