1520GOVERNMENT GAZETTE, WA 6 June 2023

1520 GOVERNMENT GAZETTE, WA 6 June 2023 detrimental to the property includes— (a) removing anything from the local government property such as a rock, plant, fixture, fitting, chattel, equipment or furniture provided for the use, enjoyment or safety of any person; (b) destroying, defacing or damaging a building or anything on the local government property, such as a plant, fixture, chattel, equipment or furniture provided for the use, enjoyment or safety of any person; and (c) causing environmental harm or nuisance on the local government property; development approval means an approval issued under the local government's planning scheme; drunk has the meaning provided in the Liquor Control Act 1988; election advertising means any sign or advertisement which encourages persons to vote for a candidate, political party or referenda or matter relating to any federal, state or local government election; election date means the date on which a federal, state or local government election is held; fauna means any animal indigenous to or which periodically migrates to any State or Territory of the Commonwealth or the territorial waters of the Commonwealth and includes, in relation to any such animal— (a) any class of animal or individual members; (b) the eggs or larvae; or (c) the carcass, skin, plumage or fur; Firearms Act means the Firearms Act 1973 (WA); flora means all vascular plants other than plants recognised as weeds; Food Act means the Food Act 2008 (WA); food business has the same meaning as given in the Food Act; footpath has the meaning given in the Road Traffic Code 2000 and includes a shared and dual use path; gaming means has the same meaning as in the Gaming and Wagering Commission Act 1987; intersection has the meaning given to it by the Road Traffic Code 2000; liquor has the meaning given to it by the Liquor Act; Liquor Act means the Liquor Control Act 1988 (WA); local government policy means a policy or standard adopted by the local government; local government property means anything except a thoroughfare which— (a) is owned by the local government; (b) is vested in the local government; (c) is otherwise under the care, control or management of the local government, including under the Land Administration Act 1997 (WA); or (d) is an 'otherwise unvested facility' within the meaning of section 3.53 of the Act; local public notice means notice given in accordance with the procedure set out in section 1.7 of the Act; nuisance means— (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at common law; (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; occupier has the meaning given to it by the Act, but does not include the local government; off-road vehicle has the meaning given to that term by the Control of Vehicles (Off-road Areas) Act 1978 (WA); other portable sign means a portable sign other than a home open sign, display home sign or garage sale sign; owner has the meaning given to it by the Act; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; permitted area means the area or areas, specified in a permit for the purpose of street entertaining, in which the permit holder may perform; permitted time means the time or times, specified in a permit for the purpose of street entertaining, during which the permit holder may perform; planning scheme has the same meaning as "local planning scheme" in the Planning and Development Act 2005;

6 June 2023 GOVERNMENT GAZETTE, WA 1521 portable sign means a free standing portable advertising sign not permanently attached to a structure or fixed to the ground or pavement, and includes a 'A' frame sign; premises for the purposes of clauses 2.8(1)(a) and 4.6 means a building, stadium or similar structure which is local government property, but not an open space such as a park or a playing field; prohibited drug has the meaning given to it in the Misuse of Drugs Act 1981 (WA); promotional activity means the advertising of, promotion of, or raising of funds for, a particular group, product or service; public interest sign means an advertising sign for an event that is open to the public to attend at no cost and is of significant interest to persons within, and visitors to, the district, and which is being held on local government property or in a public place, but does not include election advertising; public place includes a thoroughfare or place which the public are allowed to use, whether or not the thoroughfare or place is on private property, but does not include— (a) premises on private property from which trading is lawfully conducted under a written law; or (b) local government property; Regulations means the Local Government (Functions and General) Regulations 1996 (WA); smoke has the meaning given to it in the Tobacco Products Control Act 2006 (WA); street market means a collection of stalls, stands and displays on local government property or a public place for the purposes of selling goods, wares, merchandise, produce or services, or carrying out any other transaction; lot numbering means a number or numbers with or without an alphabetical suffix assigned to identify the street address of a property; street tree means any tree or tall plant that has a wooden trunk and branches that grow from its upper part, planted or self-sown in the street, of an appropriate species and in an appropriate location for the purpose of contributing to the streetscape; thoroughfare has the meaning given to it by the Act, but does not include a private thoroughfare which is not under the management or control of the local government; tobacco product has the meaning given to it in the Tobacco Products Control Act 2006 (WA); trader means a person who carries on trading; trading means— (a) the selling or hiring of, the offering for sale or hire of, or the soliciting of orders for, goods or services in a public place or on local government property; (b) displaying goods in a public place or local government property for the purpose of— (i) offering them for sale or hire; (ii) inviting offers for their sale or hire; (iii) soliciting orders for them; or (iv) carrying out any other transaction in relation to them, and includes the setting up of a stall, or the conducting of a business at a stall; vehicle includes— (a) every conveyance and every object capable of being propelled or towed on wheels, tracks or otherwise, including an off-road vehicle; and (b) an animal being ridden or driven; but excludes— (c) a wheelchair or any device designed for use by physically impaired person on a footpath; (d) a pram, a stroller or a similar device; (e) a bicycle or wheeled recreational device; and (f) a shopping trolley; Western Power means the body corporate known as the Electricity Networks Corporation established under section 4 of the Electricity Corporations Act 2005 (WA) or such other entity established or constituted in its place or by which its functions have become exercisable; wheeled recreational device means a wheeled device built to transport a person which is propelled by human power or gravity and ordinarily used for recreation or play, including— (a) in-line skaters, rollerskates, a skateboard or similar wheeled device; (b) a scooter being used by a person 12 years of age or older; and (c) a unicycle, but excludes a goffer, golf buggy, pram, stroller or trolley, or a bicycle, wheelchair or wheeled toy.