Section 1 - Shire of Bruce Rock Activities on Thoroughfares and Public Places and Trading Amendment Local Law 2019 - Shire of Bruce Rock Activities on Thoroughfares and Public Places and Trading Amendment Local Law 2019 | Zoe
Shire of Bruce Rock Activities on Thoroughfares and Public Places and Trading Amendment Local Law 2019
1Shire of Bruce Rock Activities on Thoroughfares and Public Places and Trading Amendment Local Law 2019
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DOG ACT 1976
LOCAL GOVERNMENT ACT 1995
DOGS AMENDMENT LOCAL LAW 2019
LOCAL GOVERNMENT ACT 1995
ACTIVITIES ON THOROUGHFARES AND PUBLIC
PLACES AND TRADING AMENDMENT
LOCAL LAW 2019
FENCING AMENDMENT LOCAL LAW 2019
LOCAL GOVERNMENT PROPERTY AMENDMENT
LOCAL LAW 2019
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.
Citation
This local law is cited as the Shire of Bruce Rock Cemeteries Amendment Local Law 2019.
Commencement
This local law comes into operation 14 days after its publication in the Government Gazette.
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.
Clause 1.3 amended
In clause 1.3 insert the following definition in alphabetical order—
“local government” means the Shire of Bruce Rock.
Clause 3.4 amended
The words ‘twenty four hours’ are replaced with ‘two working days’.
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.
Clause 7.8 amended
Clause 7.8(3) is deleted.
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.
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.
Citation
This local law is cited as the Shire of Bruce Rock Dogs Amendment Local Law 2019.
Commencement
This local law comes into operation 14 days after its publication in the Government Gazette.
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.
Citation
This local law is cited as the Shire of Bruce Rock Activities on Thoroughfares and Public Places and
Trading Amendment Local Law 2019.
Commencement
This local law comes into operation 14 days after its publication in the Government Gazette.
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.
Change ‘authorized’ to ‘authorised’
Wherever they appear in the principal local law, ‘authorized’ is replaced with ‘authorised’ and
‘authorize’ is replaced with ‘authorise’.
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”.
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;
Clause 2.3 amended
In clause 2.3(1)(a) replace ‘Liquor Licensing Act 1988’ with ‘Liquor Control Act 1988’.
Clause 2.4 amended
In clause 2.4(2) replace both instances of ‘Local Government (Miscellaneous Provisions) Act 1960’ with
‘Building Control Act 2011’.
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.
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.
Citation
This local law is cited as the Shire of Bruce Rock Fencing Local Law 2019.
Commencement
This local law comes into operation 14 days after its publication in the Government Gazette.
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.
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.
Clause 5 amended
Replace ‘section 6.16’ with ‘sections 6.16 to 6.19’.
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.
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.
Clause 13 amended
In clause 13(1) change ‘complies’ to ‘will comply’
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.
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.
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.
Citation
This local law is cited as the Shire of Bruce Rock Local Government Property Amendment Local
Law 2019.
Commencement
This local law comes into operation 14 days after its publication in the Government Gazette.
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.
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.
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;
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’.
Clause 2.7 amended
In subclause (1)(c) replace ‘aeroplane’ with ‘aircraft’.
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;
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.
Clause 3.9 amended
In subclause (2), replace ‘mutatis mutandis’ with ‘as though it were an application for a permit’.
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.
Citation
This local law is cited as the Shire of Bruce Rock Repeal Local Law 2019.
Commencement
This local law comes into operation 14 days after its publication in the Government Gazette.
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.
———————————