Shire of Bruce Rock Activities on Thoroughfares and Public Places and Trading Amendment Local Law 2019

!2019177GG! 4211 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, WEDNESDAY, 11 DECEMBER 2019 No. 177 SPECIAL PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT SHIRE OF BRUCE ROCK ——————————— CEMETERIES ACT 1986 LOCAL GOVERNMENT ACT 1995 CEMETERIES AMENDMENT LOCAL LAW 2019

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DOG ACT 1976 LOCAL GOVERNMENT ACT 1995 DOGS AMENDMENT LOCAL LAW 2019

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LOCAL GOVERNMENT ACT 1995 ACTIVITIES ON THOROUGHFARES AND PUBLIC PLACES AND TRADING AMENDMENT LOCAL LAW 2019

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FENCING AMENDMENT LOCAL LAW 2019

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LOCAL GOVERNMENT PROPERTY AMENDMENT LOCAL LAW 2019

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REPEAL LOCAL LAW 2019

11 December 2019 GOVERNMENT GAZETTE, WA 4213 CEMETERIES ACT 1986 LOCAL GOVERNMENT ACT 1995 SHIRE OF BRUCE ROCK CEMETERIES AMENDMENT LOCAL LAW 2019 Under the powers conferred by the Local Government Act 1995, and all other powers enabling it, the Council of the Shire of Bruce Rock resolved on 21 November 2019 to make the following local law.

1. Citation This local law is cited as the Shire of Bruce Rock Cemeteries Amendment Local Law 2019.
2. Commencement This local law comes into operation 14 days after its publication in the Government Gazette.
3. Principal Local Law This local law amends the Shire of Bruce Rock Local Law Relating to the Management and Control of the Bruce Rock Cemetery as published in the Government Gazette on 2 June 2005.
4. Clause 1.3 amended In clause 1.3 insert the following definition in alphabetical order— “local government” means the Shire of Bruce Rock.
5. Clause 3.4 amended The words ‘twenty four hours’ are replaced with ‘two working days’.
6. Clause 5.4 and 5.5 replaced Clauses 5.4 and 5.5 are deleted and replaced with— 5.4 Vehicle Access and Speed Limitations (1) A person shall drive a vehicle on a vehicular access way or the constructed roadway or other areas designated for the use of vehicles within the cemetery, unless otherwise authorised by the CEO. (2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 25 km per hour, and shall comply with the signs and directions in the cemetery. 5.5 Offenders may be Expelled (1) A person committing an offence under clause 5.4 may be ordered to leave the cemetery by the CEO or an authorised officer. (2) A person who has been ordered to leave the cemetery by the CEO or an authorised officer is to leave immediately in a peaceful manner and not cause a disruption or be a nuisance to the funeral congregation or ceremony or procession.
7. Clause 7.8 amended Clause 7.8(3) is deleted.
8. Clauses 8.1 and 8.2 replaced (a) Clauses 8.1 and 8.2 are deleted and replaced with— 8.1 Animals A person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other than an ‘assistance animal’ as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth) or with the approval of the CEO or an authorised officer; (b) Clauses 8.3-8.6 are renumbered 8.2-8.5 respectively.
9. First Schedule amended In the second column replace 8.5, 8.6 and 8.7 with 8.4, 8.5 and 8.6.

4214 GOVERNMENT GAZETTE, WA 11 December 2019 10. Fourth Schedule deleted The Fourth Schedule is deleted. ———— The Common Seal of the Shire of Bruce Rock was affixed by authority of a resolution of the Council in the presence of— Cr STEPHEN STRANGE, President. DARREN MOLLENOYUX, Chief Executive Officer. ———————————

11 December 2019 GOVERNMENT GAZETTE, WA 4215 DOG ACT 1976 LOCAL GOVERNMENT ACT 1995 SHIRE OF BRUCE ROCK DOGS AMENDMENT LOCAL LAW 2019 Under the powers conferred by the Local Government Act 1995, the Dog Act 1976 and all other powers enabling it, the Council of the Shire of Bruce Rock resolved on 21 November 2019 to make the following local law.

1. Citation This local law is cited as the Shire of Bruce Rock Dogs Amendment Local Law 2019.
2. Commencement This local law comes into operation 14 days after its publication in the Government Gazette.
3. Dogs Local Law amended The Shire of Bruce Rock Dogs Local Law published in the Government Gazette on 2 December 2005 is amended as follows— (a) In clause 1.3 the following definitions are deleted— “pound keeper” “Regulations” “town planning scheme” (b) In clause 1.3 the following definitions are inserted in alphabetic order— “local planning scheme” means a local planning scheme made by the local government under the Planning and Development Act 2005; “Regulations” means the Dog Regulations 2013; (c) Part 2 is deleted. (d) In clause 3.1 after subclause (2) insert the following— (3) Notwithstanding subclauses (1) and (2), the confinement of dangerous dogs is dealt with in the Act and Regulations. (e) The following is deleted from clause 3.1— Penalty: Where the dog kept is a dangerous dog, $2,000; otherwise $1,000. (f) In clauses 4.4 and 4.7(a), all instances of ‘town planning scheme’ are replaced with ‘local planning scheme’. (g) Clause 4.9 is deleted and replaced with— 4.9 Compliance with conditions of approval Penalties applicable where a licensee does not comply with the conditions of a licence are contained in the Dog Act and Regulations. (h) Part 5 is deleted. (i) In clause 6.1(2) the words ‘Penalty: $200’ are deleted. (j) Clause 7.2A is added as follows— 7.2A 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.

4216 GOVERNMENT GAZETTE, WA 11 December 2019 (k) Schedule 3 is deleted and replaced with the following— Schedule 3 (clause 7.2) OFFENCES IN RESPECT OF WHICH A MODIFIED PENALTY APPLIES Offence Nature of offence Modified penalty $ 3.1 Failing to provide means for effectively confining a dog 100 6.1(2) Dog excreting in prohibited place 100 ———— The Common Seal of the Shire of Bruce Rock was affixed by authority of a resolution of the Council in the presence of— Cr STEPHEN STRANGE, President. DARREN MOLLENOYUX, Chief Executive Officer. ———————————

11 December 2019 GOVERNMENT GAZETTE, WA 4217 LOCAL GOVERNMENT ACT 1995 SHIRE OF BRUCE ROCK ACTIVITIES ON THOROUGHFARES AND PUBLIC PLACES AND TRADING AMENDMENT LOCAL LAW 2019 Under the powers conferred by the Local Government Act 1995, and all other powers enabling it, the Council of the Shire of Bruce Rock resolved on 21 November 2019 to make the following local law.

1. Citation This local law is cited as the Shire of Bruce Rock Activities on Thoroughfares and Public Places and Trading Amendment Local Law 2019.
2. Commencement This local law comes into operation 14 days after its publication in the Government Gazette.
3. Principal Local Law This local law amends the Shire of Bruce Rock Activities on Thoroughfares and Public Places and Trading Local Law 2004 as published in the Government Gazette on 27 July 2005 and as amended in the Government Gazette on 29 August 2006.
4. Change ‘authorized’ to ‘authorised’ Wherever they appear in the principal local law, ‘authorized’ is replaced with ‘authorised’ and ‘authorize’ is replaced with ‘authorise’.
5. Clause 1.2 amended Clause 1.2 is amended as follows— (a) Replace the definition of ‘liquor’ with— “liquor” has the meaning given to it in section 3 of the Liquor Control Act 1988; (b) Add the following definitions in alphabetical order— “food business” has the meaning given to it in section 10 of the Food Act 2008; “local planning scheme” means a local planning scheme made by the local government under the Planning and Development Act 2005; (c) Delete the definition of “lot” and replace it with— “lot” has the meaning given to it in the Planning and Development Act 2005; (d) Delete the definition of “town planning scheme”.
6. Clause 2.1 amended Clause 2.1(a) is deleted and replaced with— (a) plant any plant (except grasses or a similar plant) on a thoroughfare within 10 metres of an intersection;
7. Clause 2.3 amended In clause 2.3(1)(a) replace ‘Liquor Licensing Act 1988’ with ‘Liquor Control Act 1988’.
8. Clause 2.4 amended In clause 2.4(2) replace both instances of ‘Local Government (Miscellaneous Provisions) Act 1960’ with ‘Building Control Act 2011’.
9. Part 4 amended In Part 4— (a) The heading of is amended so that it reads “PART 4—OBSTRUCTING ANIMALS AND VEHICLES”; and (b) Division 2—Shopping Trolleys is deleted.
10. Clause 5.1 amended Replace the definition of ‘Roadside Conservation Committee’ with— “Roadside Conservation Committee” means the Roadside Conservation Committee appointed by the responsible Minister; and

4218 GOVERNMENT GAZETTE, WA 11 December 2019 11. Clause 6.5 amended Clause 6.5(2)(d) is deleted. 12. Clauses 6.8 amended (a) In clause 6.8(1)(c), replace Weights and Measures Act 1915 with National Measurement Act 1960 (Cth); and (b) Clause 6.8(2)(a) is deleted. 13. Clause 6.12 deleted Clause 6.12 is deleted. 14. Clause 6.17 amended (a) In clause 6.17 delete subclauses (a) and (b) and replace with— (a) the facility is conducted in conjunction with and as an extension of a food business which abut on the facility, and whether the applicant is the person conducting such food business; (b) any abutting food business is registered in accordance with the Food Act 2008 and whether the use of the premises is permitted under the local planning scheme. (b) Delete clause (c) and renumber the clause accordingly. 15. Clause 7.6 amended Clause 7.6 is replaced with— 7.6 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) cancelled under clause 7.10. 16. Clause 7.7 amended In clause 7.7(2) delete mutatis mutandis. 17. Clause 8.1 replaced Clause 8.1 is deleted and replaced with— 8.1 Application of Part 9 Division 1 of Act When the local government makes a decision— (a) under clause 7.2(1); or (b) as to whether it will renew, vary, or cancel a permit, the provisions of Division 1 of Part 9 of the Act and regulation 33 the Regulations apply to that decision. 18. Schedule 1 replaced Schedule 1 is replaced with— Schedule 1 (Clause 10.4) PRESCRIBED OFFENCES No. Clause Description Modified Penalty $ 1 2.1(a) Plant any plant (except grasses or a similar plant) within 10 metres of an intersection 125 2 2.1(b) Damaging lawn or garden 125 3 2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 125 4 2.1(d) Placing hazardous substance on footpath 125 5 2.1(e) Damaging or interfering with signpost or structure on thoroughfare 400 6 2.1(f) Playing games so as to impede vehicles or persons on thoroughfare 125 7 2.1(g) Riding of skateboard or similar device on mall or verandah of shopping centre 125 8 2.2(a) Digging a trench through a kerb or footpath without a permit 125 9 2.2(b) Throwing or placing anything on a verge without a permit 125 10 2.2(c) Causing obstruction to vehicle or person on thoroughfare without a permit 125 11 2.2(d) Causing obstruction to water channel on thoroughfare without a permit 250 12 2.2(e) Placing or draining offensive fluid on thoroughfare without a permit 250 13 2.2(g) Lighting a fire on a thoroughfare without a permit 400 14 2.2(h) Felling tree onto thoroughfare without a permit 125 15 2.2(i) Installing pipes or stone on thoroughfare without a permit 125

11 December 2019 GOVERNMENT GAZETTE, WA 4219 No. Clause Description Modified Penalty $ 16 2.2(j) Installing a hoist or other thing on a structure or land for use over a thoroughfare without a permit 400 17 2.2(k) Creating a nuisance on a thoroughfare without a permit 125 18 2.2(l) Placing a bulk rubbish container on a thoroughfare without a permit 125 19 2.2(m) Interfering with anything on a thoroughfare without a permit 125 20 2.3(1) Consumption or possession of liquor on thoroughfare 125 21 2.4(1) Failure to obtain permit for temporary crossing 250 22 2.5(2) Failure to comply with notice to remove crossing and reinstate kerb 400 23 2.9(1) Installation of verge treatment other than permissible verge treatment 250 24 2.10 Failure to maintain permissible verge treatment or placement of obstruction on verge 125 25 2.11 Failure to comply with notice to rectify default 125 26 2.17(2) Failure to comply with sign on public place 125 27 2.19(1) Driving or taking a vehicle on a closed thoroughfare 400 28 3.2(1) Placing advertising sign or affixing any advertisement on a thoroughfare without a permit 125 29 3.2(3) Erecting or placing of advertising sign in a prohibited area 125 30 4.1(1) Animal or vehicle obstructing a public place or local government property 125 31 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125 32 4.2(2)(b) Animal on public place with infectious disease 125 33 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 125 34 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 125 35 5.6(1) Driving a vehicle on other than the carriageway of a flora road 250 36 5.9 Planting in thoroughfare without a permit 250 37 5.11 Failure to obtain permit to clear a thoroughfare 500 38 5.13 Burning of thoroughfare without a permit 500 39 5.17 Construction of firebreak on thoroughfare without a permit 500 40 5.19 Commercial harvesting of native flora on thoroughfare 500 41 5.20(1) Collecting seed from native flora on thoroughfare without a permit 400 42 6.2(1) Conducting of stall in public place without a permit 400 43 6.3(1) Trading without a permit 400 44 6.8(1)(a) Failure of stallholder or trader to display or carry permit 125 45 6.8(1)(b) Stallholder or trader not displaying valid permit 125 46 6.8(1)(c) Stallholder or trader not carrying certified scales when selling goods by weight 125 47 6.8(2) Stallholder or trader engaged in prohibited conduct 125 48 6.10 Performing in a public place without a permit 125 49 6.11(2) Failure of performer to move onto another area when directed 125 50 6.14 Failure of performer to comply with obligations 125 51 6.16 Establishment or conduct of outdoor eating facility without a permit 400 52 6.18 Failure of permit holder of outdoor eating facility to comply with obligations 125 53 6.20(1) Use of equipment of outdoor eating facility without purchase of food or drink from facility 75 54 6.20(2) Failure to leave outdoor eating facility when requested to do so by permit holder 75 55 7.5 Failure to comply with a condition of a permit 125 56 7.9 Failure to produce permit on request of authorized person 125 57 10.1 Failure to comply with notice given under local law 125 ———— The Common Seal of the Shire of Bruce Rock was affixed by authority of a resolution of the Council in the presence of— Cr STEPHEN STRANGE, President. DARREN MOLLENOYUX, Chief Executive Officer.

11 December 2019 GOVERNMENT GAZETTE, WA 4221 LOCAL GOVERNMENT ACT 1995 SHIRE OF BRUCE ROCK FENCING AMENDMENT LOCAL LAW 2019 Under the powers conferred by the Local Government Act 1995, and all other powers enabling it, the Council of the Shire of Bruce Rock resolved on 21 November 2019 to make the following local law.

1. Citation This local law is cited as the Shire of Bruce Rock Fencing Local Law 2019.
2. Commencement This local law comes into operation 14 days after its publication in the Government Gazette.
3. Principal Local Law This local law amends the Shire of Bruce Rock Local Laws Relating to Fencing 2004 as published in the Government Gazette on 2 June 2005 and amended on 19 May 2006.
4. Clause 4 amended (1) Add the following definitions in alphabetic order— “AS/NZS” means an Australian Standard published by the Standards Association of Australia and as amended from time to time; “authorised person” means a person so designated by the local government under section 96 of the Building Act 2011 to perform all or any of the functions conferred on an authorised person under this local law; “local planning scheme” means a local planning scheme made by the local government under the Planning and Development Act 2005; (2) Delete the definitions of “town planning scheme” and “Building Surveyor”; and (3) Replace ‘town planning scheme’ with ‘local planning scheme’ wherever it occurs.
5. Clause 5 amended Replace ‘section 6.16’ with ‘sections 6.16 to 6.19’.
6. Clauses 6, 7, 8, 11 and 12 amended Replace ‘Building Surveyor’ with ‘authorised person’ in subclauses 6(3), 6(4)(b), 7(1), 7(2), 8, 11(1), 11(2) and 12(2)4.
7. Clause 10 amended Delete clause 10(1) and replace it with— (1) Notwithstanding the provisions of clause 6, the local government may approve the erection or repair of a dividing fence which is not a sufficient fence where all of the owners of the lots to be separated by the dividing fence make an application for approval for that purpose.
8. Clause 13 amended In clause 13(1) change ‘complies’ to ‘will comply’
9. Clause 14 amended Delete clause 14 and replace it with— Unless cancelled under clause 15, a licence referred to in clause 13 shall transfer with the land to any new occupier or owner of the lot.
10. Clause 16 amended Add— (3) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of the Local Government Act 1995 and any entry on to land will be in accordance with Part 3, Division 3 of that Act.
11. Clause 19 amended In clause 19 in paragraphs (a) and (b) ‘or substantially’ is deleted.

4222 GOVERNMENT GAZETTE, WA 11 December 2019 12. Third Schedule amended In Schedule 3 in clause 1(b) the bullet points are changed to Roman numerals (i), (ii) and (iii) respectively. 13. Delete Forms 1 and 2. Forms 1 and 2 are deleted. ———— The Common Seal of the Shire of Bruce Rock was affixed by authority of a resolution of the Council in the presence of— Cr STEPHEN STRANGE, President. DARREN MOLLENOYUX, Chief Executive Officer. ———————————

11 December 2019 GOVERNMENT GAZETTE, WA 4223 LOCAL GOVERNMENT ACT 1995 SHIRE OF BRUCE ROCK LOCAL GOVERNMENT PROPERTY AMENDMENT LOCAL LAW 2019 Under the powers conferred by the Local Government Act 1995, and all other powers enabling it, the Council of the Shire of Bruce Rock resolved on 21 November 2019 to make the following local law.

1. Citation This local law is cited as the Shire of Bruce Rock Local Government Property Amendment Local Law 2019.
2. Commencement This local law comes into operation 14 days after its publication in the Government Gazette.
3. Principal Local Law This local law amends the Shire of Bruce Rock Local Government Property Local Law as published in the Government Gazette on 2 June 2005.
4. Title of local law amended The title of the local law is amended to the Shire of Bruce Rock Local Government Property 2005 on the title page and in clause 1.1.
5. Clause 1.2 amended Clause 1.2 is amended as follows— (1) Add in alphabetic order— “aircraft” has the meaning given to it in the Civil Aviation Act 1988 (Cth) (2) Replace the definition of ‘liquor’ with— “liquor” has the meaning given to it in section 3 of the Liquor Control Act 1988;
6. Replace Liquor Licensing Control Act 1988 with Liquor Control Act 1988 In clauses 3.4(2)(h), 3.15(1)(a) and 3.16(d), replace ‘Liquor Licensing Act 1988’ with ‘Liquor Control Act 1988’.
7. Clause 2.7 amended In subclause (1)(c) replace ‘aeroplane’ with ‘aircraft’.
8. Clause 2.8 amended Subclause (1)(c) is deleted and replaced with— (c) taking, riding or driving a vehicle or a particular class of vehicle on the property or a particular class of vehicle;
9. Clause 3.6 amended Subclause (2) is deleted and replaced with— (2) The local government may vary permit conditions by giving written notice to the permit holder and the varied condition takes effect 7 days after that notice is given.
10. Clause 3.9 amended In subclause (2), replace ‘mutatis mutandis’ with ‘as though it were an application for a permit’.
11. Clause 5.3 replaced Clause 5.3 is deleted and replaced with— 5.3 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 shall not use that entry of the toilet block or change room; or (b) males, then a person of the female gender shall not use that entry of the toilet block or change room.

4224 GOVERNMENT GAZETTE, WA 11 December 2019 (2) Subclause (1) does 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. 12. Clause 7.1 amended In clause 7.1, ‘regulations 33 and 34 of the Regulations apply to that decision’ is replaced with ‘regulation 33 of the Regulations applies to that decision’. 13. Schedule 1 amended Schedule 1 is replaced with— Schedule 1 PRESCRIBED OFFENCES Item Clause Description Modified Penalty $ 1 2.4 Failure to comply with determination 150 2 3.6 Failure to comply with conditions of permit 150 3 3.13(1) Failure to obtain a permit 150 4 3.14(3) Failure to obtain permit to camp outside a facility 150 5 3.15(1) Failure to obtain permit for liquor 150 6 3.16 Failure of permit holder to comply with responsibilities 150 7 4.2(1) Behaviour detrimental to property 150 8 4.4 Under influence of liquor or prohibited drug 150 9 4.6(2) Failure to comply with sign on local government property 150 10 5.2 Unauthorized entry to fenced or closed local government property 150 11 5.3 Gender not specified using entry of toilet block or change room 150 12 5.4(1) Unauthorized presence of animal on aerodrome 300 13 5.4(2) Animal wandering at large on aerodrome—person in charge 300 14 5.4(3) Animal wandering at large on aerodrome—owner 300 16 6.1(1) Unauthorized entry to function on local government property 150 16 9.1 Failure to comply with notice 200 14. Forms deleted Forms 1, 2, 3 and 4 are deleted. ———— The Common Seal of the Shire of Bruce Rock was affixed by authority of a resolution of the Council in the presence of— Cr STEPHEN STRANGE, President. DARREN MOLLENOYUX, Chief Executive Officer. ———————————

11 December 2019 GOVERNMENT GAZETTE, WA 4225 LOCAL GOVERNMENT ACT 1995 SHIRE OF BRUCE ROCK REPEAL LOCAL LAW 2019 Under the powers conferred by the Local Government Act 1995, and all other powers enabling it, the Council of the Shire of Bruce Rock resolved on 21 November 2019 to make the following local law.

1. Citation This local law is cited as the Shire of Bruce Rock Repeal Local Law 2019.
2. Commencement This local law comes into operation 14 days after its publication in the Government Gazette.
3. Local Law Repealed The Municipality of the Shire of Bruce Rock Local Government Model By-laws (Removal and Disposal of Obstructing Animals or Vehicles) No. 7 as published in the Government Gazette on 29 August 1980 are repealed. ———— The Common Seal of the Shire of Bruce Rock was affixed by authority of a resolution of the Council in the presence of— Cr STEPHEN STRANGE, President. DARREN MOLLENOYUX, Chief Executive Officer. ———————————