PART 1 PRELIMINARY
1.3 Definitions
1.4 Application
1.5 Transitional provisions
PART 2—LICENSING REQUIREMENTS FOR AN EXTRACTIVE INDUSTRY
2.1 Extractive industries prohibited without licence
2.2 Applicant to advertise proposal
2.3 Application for licence
PART 3—DETERMINATION OF APPLICATION
3.1 Determination of application
3.2 Payment of annual licence fee
PART 4—TRANSFER, CANCELLATION AND RENEWAL OF LICENCE
4.1 Transfer of licence
4.2 Cancellation of licence
4.3 Renewal of licence
4.4 Notice of outcome
PART 5—SECURED SUM AND APPLICATION THEREOF
5.1 Security for restoration and reinstatement
5.2 Use by the local government of secured sum
PART 6—LIMITATIONS, OBLIGATIONS OF THE LICENSEE AND PROHIBITIONS
6.1 Limits on excavations near boundary
6.2 Obligations of the licensee
6.3 Prohibitions
6.4 Blasting
PART 7—MISCELLANEOUS PROVISIONS
7.1 Public liability
7.2 Mines Safety and Inspection Act and Environmental Protection Act
7.3 Notice of cessation of operations
7.4 Works to be carried out on cessation of operations
PART 8—OBJECTIONS AND REVIEW
8.1 Objection and review rights
PART 9—OFFENCES, PENALTIES AND FORMS
9.1 Offences
9.2 General penalty
9.3 Modified penalty
9.4 Forms
SCHEDULE 1—PRESCRIBED OFFENCES
30 November 2022 GOVERNMENT GAZETTE, WA 5573
EXTRACTIVE INDUSTRIES LOCAL LAW 2022
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it,
the Council of the Shire of Dardanup resolved on 23 November 2022 to make the following local law.
This local law may be cited as the Shire of Dardanup Extractive Industries Local Law 2022.
This local law comes into operation 14 days after the date of its publication in the Government Gazette.
1.3 Definitions
Act means the Local Government Act 1995;
AS means an Australian Standard published by Standards Australia, as amended from time to
time, and available for viewing free of charge at the Shire of Dardanup Administration office;
carry on an extractive industry means quarrying and excavating for stone, gravel, sand, and
other material;
CEO means the Chief Executive Officer of the local government;
district means the district of the local government;
excavation includes quarry;
land unless the context otherwise requires, means the land on which the applicant proposes
carrying on the extractive industry to which the licence application relates;
licence means a licence issued under this local law;
licensee means the person named in the licence as the licensee;
local government means the Shire of Dardanup;
occupier has the meaning given to it in the Act;
owner has the meaning given to it in the Act;
person does not include the local government;
planning approval means an approval for a development and/or a land use that is issued under
a local planning scheme administered by the local government;
secured sum means the sum required to be paid or the amount of a bond, guarantee or other
security under clause 5.1;
Schedule means a schedule to this local law; and
site means the land specified by the local government in a licence.
1.4 Application
(1) The provisions of this local law—
(a) subject to paragraphs (b), (c), (d) and (e)—
(i) apply and have force and effect throughout the whole of the district; and
(ii) apply to every excavation whether commenced prior to or following the coming into
operation of this local law;
(b) do not apply to the extraction of minerals under the Mining Act 1978;
(c) do not apply to the carrying on of an extractive industry on Crown land;
(d) do not apply to the carrying on of an extractive industry on land by the owner or occupier of
that land for use on that land; and
(e) do not affect the validity of any licence issued under the local law repealed by clause 1.6 of this
local law if that licence is currently in force at the date of gazettal of this local law.
(2) In subclause (1)(d), land includes adjoining lots or locations in the same occupation or ownership of
the owner or occupier referred to in subclause (1)(d).
1.5 Transitional provisions
(1) Within 90 days of commencement of this local law or within 90 days of the date of the annual licence
fee of a previous licence becoming due and payable (under clause 3.2), the local government may in
respect of the licence—
(a) vary or delete a condition; or
30 November 2022 GOVERNMENT GAZETTE, WA 5574
(b) impose one or more other conditions, as specified in clause 3.1(5).
(2) A condition that is varied, deleted or imposed under subclause (1) does not become effective until
90 days (or longer period that is specified by the local government) after written notice of the condition
is given by the local government to the licensee.
This local law repeals the Shire of Dardanup Extractive Industries Local Law as published in the
Government Gazette on 15 October 1996.
PART 2—LICENSING REQUIREMENTS FOR AN EXTRACTIVE INDUSTRY
2.1 Extractive industries prohibited without licence
A person must not carry on an extractive industry—
(a) unless the person is the holder of a valid and current licence; and
(b) otherwise than in accordance with any terms and conditions set out in, or applying in respect
of, the licence.
2.2 Applicant to advertise proposal
(1) Unless the local government first approves otherwise, a person seeking the issue of a licence shall,
before applying to the local government for a licence—
(a) forward by registered mail a notice in the form determined by the local government from time
to time to—
(i) the owners and occupiers of all land adjoining the land upon which it is proposed to
excavate, or within an area determined by the local government as likely to be affected
by the granting of a licence, advising of the application and specifying that they may,
within 21 days from the date of service of the letter, object to or make representations in
writing in respect of the issue of a licence by the local government;
(ii) every authority or person having control or jurisdiction over any of the things referred to
in clause 2.3(1)(a)(vii) and (viii) within 500 metres from the boundaries of the land, or
within an area determined by the local government as likely to be affected by the
granting of a licence; and
(b) as soon as practicable after complying with the requirements of paragraph (a)—
(i) forward a copy of the notice to the CEO; and
(ii) publish the notice in a newspaper circulating in the area in which the proposed
excavation is located.
(2) The local government may, within 14 days after receiving a copy of a notice referred to in subclause
(1), cause to be displayed, or require the proposed applicant to display, in a prominent position on the
land one or more notices—
(a) in the form determined by the local government from time to time;
(b) the content, size and construction of which have been approved by the CEO;
(c) specifying particulars of the proposed excavation; and
(d) inviting objections or comments within 21 days from the placement of the notice.
2.3 Application for licence
(1) Subject to subclause (3), a person seeking the issue of a licence in respect of any land shall apply in
the form determined by the local government from time to time and must forward the application duly
completed and signed by each of the applicants, the owner of the land and any occupier of the land to
the CEO together with—
(a) three (3) copies of a plan of the excavation site to a scale of between 1:500 and 1:2000 showing—
(i) the existing and proposed land contours based on the Australian Height Datum and
plotted at 1 metre contour intervals;
(ii) the land on which the excavation site is to be located;
(iii) the external surface dimensions of the land;
(iv) the location and depth of the existing and proposed excavation of the land;
(v) the location of existing and proposed thoroughfares or other means of vehicle access to
and egress from the land and to public thoroughfares in the vicinity of the land;
(vi) the location of buildings, treatment plant, tanks and other improvements and
developments existing on, approved for or proposed in respect of the land;
(vii) the location of existing power lines, telephone cables and any associated poles or pylons,
sewers, pipelines, reserves, bridges, railway lines and registered grants of easement or
other encumbrances over, on, under or adjacent to or in the vicinity of the land;
(viii) the location of all existing dams, watercourses, drains or sumps on or adjacent to the
land;
(ix) the location and description of existing and proposed fences, gates and warning signs
around the land; and
(x) the location of the areas proposed to be used for stockpiling excavated material, treated
material, overburden and soil storage on the land and elsewhere;
30 November 2022 GOVERNMENT GAZETTE, WA 5575
(b) Three (3) copies of a works and excavation programme containing—
(i) the nature and estimated duration of the proposed excavation for which the licence is
applied;
(ii) the stages and the timing of the stages in which it is proposed to carry out the excavation;
(iii) details of the methods to be employed in the proposed excavation and a description of
any on-site processing works;
(iv) details of the depth and extent of the existing and proposed excavation of the site;
(v) an estimate of the depth of and description of the nature and quantity of the overburden
to be removed;
(vi) a description of the methods by which existing vegetation is to be cleared and topsoil and
overburden removed or stockpiled;
(vii) a description of the means of access to the excavation site and the types of thoroughfares
to be constructed;
(viii) details of the proposed number and size of trucks entering and leaving the site each day
and the route or routes to be taken by those vehicles;
(ix) a description of any proposed buildings, water supply, treatment plant, tanks and other
improvements;
(x) details of drainage conditions applicable to the land and methods by which the excavation
site is to be kept drained;
(xi) a description of the measures to be taken to minimise sand drift, dust nuisance, erosion,
watercourse siltation and dangers to the general public;
(xii) a description of the measures to be taken to comply with the Environmental Protection
(Noise) Regulations 1997;
(xiii) a description of the existing site environment and a report on the anticipated effect that
the proposed excavation will have on the environment in the vicinity of the land;
(xiv) details of the nature of existing vegetation, shrubs and trees and a description of
measures to be taken to minimise the destruction of existing vegetation; and
(xv) a description of the measures to be taken in screening the excavation site, or otherwise
minimising adverse visual impacts, from nearby thoroughfares or other areas;
(c) Three (3) copies of a rehabilitation and decommissioning programme indicating—
(i) the objectives of the programme, having due regard to the nature of the surrounding area
and the proposed end-use of the excavation site;
(ii) whether restoration and reinstatement of the excavation site is to be undertaken
progressively or upon completion of excavation operations;
(iii) how any face is to be made safe and batters sloped;
(iv) the method by which topsoil is to be replaced and revegetated;
(v) the numbers and types of trees and shrubs to be planted and other landscaping features
to be developed;
(vi) how rehabilitated areas are to be maintained; and
(vii) the programme for the removal of buildings, plant, waste and final site clean-up;
(d) evidence that a datum peg has been established on the land related to a point approved by the
local government on the surface of a constructed public thoroughfare or such other land in the
vicinity;
(e) certificate from a licensed surveyor certifying the correctness of—
(i) the plan referred to in paragraph (a); and
(ii) the datum peg and related point referred to in paragraph (d);
(f) where the applicant is required to display a notice, evidence that the requirements of clause
2.2 (2) have been carried out;
(g) copies of all land use planning approvals required under any planning legislation;
(h) copies of any environmental approval required under any environmental legislation;
(i) copies of any geotechnical information relating to the excavation site;
(j) the consent in writing to the application from the owner of the excavation site;
(k) the licence application fee specified by the local government from time to time; and
(l) any other information that the local government may reasonably require.
(2) All survey data supplied by an applicant for the purpose of subclause (1) shall comply with the
Australian Height Datum and the Map Grid of Australia.
(3) Where in relation to a proposed excavation—
(a) the surface area is not to exceed 5000 square metres; and
(b) the extracted material is not to exceed 5000 cubic metres;
the local government may exempt a person making application for a licence under subclause (1) from
supplying any of the data specified in paragraphs (b), (d), (e) and (i) of subclause (1).
30 November 2022 GOVERNMENT GAZETTE, WA 5576
PART 3—DETERMINATION OF APPLICATION
3.1 Determination of application
(1) The local government may refuse to consider an application for a licence that does not comply with
the requirements of clause 2.3, and in any event shall refuse an application for a licence where planning
approval for an extractive industry use of the land has not first been obtained.
(2) The local government may, in respect of an application for a licence—
(b) approve the application—
(i) over the whole or part of the land in respect of which the application is made; and
(ii) such terms and conditions, if any, as it sees fit.
(3) Where the local government approves an application for a licence, it shall—
(a) determine the licence period, not exceeding 5 years from the date of issue; and
(b) approve the issue of a licence in the form determined by the local government from time to
time.
(4) Where the local government approves the issue of a licence, the CEO upon receipt by the local
government of—
(a) payment of the annual licence fee, or the relevant proportion of the annual licence fee to
30 June, determined by the local government under and in accordance with sections 6.16 to
6.19 of the Local Government Act 1995;
(b) payment of the secured sum if any, imposed under clause 5.1;
(c) the documents, if any, executed to the satisfaction of the CEO, under clause 5.1; and
(d) a copy of the public liability insurance policy required under clause 7.1(1) shall issue the licence
to the applicant.
(5) Without limiting subclause (2), the local government may impose conditions in respect of the
following matters—
(a) the orientation of the excavation to reduce visibility from other land;
(b) the appropriate siting of access thoroughfares, buildings and plant;
(c) the stockpiling of material;
(d) the hours during which any excavation work may be carried out;
(e) the hours during which any processing plant associated with, or located on, the site may be
operated;
(f) requiring all crushing and treatment plant to be enclosed within suitable buildings to minimise
the emission of noise, dust, vapour and general nuisance to the satisfaction of the local
(g) the depths below which a person shall not excavate;
(h) distances from adjoining land or thoroughfares within which a person must not excavate;
(i) the safety of persons employed at or visiting the excavation site;
(j) the control of dust and wind-blown material;
(k) the planting, care and maintenance of trees, shrubs and other landscaping features during the
time in which the extractive industry is carried out in order to effectively screen the area to be
excavated and to provide for progressive rehabilitation;
(l) the prevention of the spread of dieback or other disease;
(m) the drainage of the excavation site and the disposal of water;
(n) the restoration and reinstatement of the excavation site, the staging of such works, and the
minimising of the destruction of vegetation;
(o) the provision of retaining walls to prevent subsidence of any portion of the excavation or of land
abutting the excavation;
(p) requiring the licensee to furnish to the local government a surveyor’s certificate each year, prior
to the renewal fee being payable, to certify the quantity of material extracted and that material
has not been excavated below the final contour levels outlined within the approved excavation
programme;
(q) requiring the licensee to enter into an agreement with the local government by which it agrees
to pay any extraordinary expenses incurred by the local government in repairing damage
caused to thoroughfares in the district by heavy or extraordinary traffic conducted by or on
behalf of the licensee under the licence;
(r) requiring the licensee to enter into an agreement with the local government in respect of any
condition or conditions imposed under this local law; and
(s) any other matter for properly regulating the carrying on of an extractive industry.
3.2 Payment of annual licence fee
On or before 30 June in each year, a licensee shall pay to the local government the annual licence fee
determined by the local government from time to time under and in accordance with sections 6.16 to
6.19 of the Act.
30 November 2022 GOVERNMENT GAZETTE, WA 5577
PART 4—TRANSFER, CANCELLATION AND RENEWAL OF LICENCE
4.1 Transfer of licence
(1) An application for the transfer of a licence shall—
(a) be made in writing;
(b) be signed by the licensee and the proposed transferee of the licence;
(c) be accompanied by the current licence;
(d) be accompanied by the consent in writing to the transfer from the owner of the excavation site;
(e) include any information that the local government may reasonably require; and
(f) be forwarded to the CEO together with the fee determined by the local government from time
to time.
(2) Upon receipt of any application for the transfer of a licence, the local government may—
(b) approve the application on such terms and conditions, if any, as it sees fit.
(3) Where the local government approves an application for the transfer of a licence, the local
government shall transfer the licence by an endorsement on the licence in the form determined by the
local government from time to time, signed by the CEO.
(4) Where the local government approves the transfer of a licence it shall not be required to refund any
part of the fees paid by the former licensee in respect of the transferred licence.
4.2 Cancellation of licence
(1) The local government may cancel a licence where the licensee has—
(a) been convicted of an offence against—
(i) this local law; or
(ii) any other law relating to carrying on an extractive industry;
(b) transferred or assigned or attempted to transfer or assign the licence without the consent of
the local government;
(c) permitted another person to carry on an extractive industry otherwise than in accordance with
the terms and conditions of the licence and of the provisions of this local law;
(d) failed to pay the annual licence fee under clause 3.2; or
(e) failed to have a current public liability insurance policy under clause 7.1(1) or failed to provide
a copy of the policy or evidence of its renewal as the case may be, under clause 7.1(2).
(2) Where the local government cancels a licence under this clause—
(a) the local government shall advise the licensee in writing of the cancellation;
(b) the cancellation takes effect on and from the day on which the licensee is served with the
cancellation advice; and
(c) the local government shall not be required to refund any part of the fees paid by the licensee in
respect of the cancelled licence.
4.3 Renewal of licence
(1) A licensee who wishes to renew a licence must apply in writing to the local government at least
90 days before the date of expiry of the licence and shall submit with the application for renewal—
(a) the fee determined by the local government from time to time;
(b) a copy of the current licence;
(c) a plan showing the contours of the excavation carried out to the date of that application;
(d) details of the works, excavation and rehabilitation stages reached and of any changes or
proposed changes with respect to any of the things referred to in clauses 2.3(1)(b) and (c); and
(e) any other things referred to in clauses 2.3 and 3.1.
(2) The local government may waive any of the requirements specified in clause 4.3 (1) (d) or (e).
(3) If—
(a) an application to renew a licence is in relation to land in respect of which the current licence
was issued less than 12 months prior to the date from which the new licence if granted would
apply; and
(b) the methods to be employed in the proposed land excavation are identical to those being
employed at the date of the application, then the applicant shall not be obliged, unless
otherwise required by the local government to submit details of any of the things referred to in
clauses 2.3 and 3.1.
(4) Upon receipt of an application for the renewal of a licence, the local government may—
(b) approve the application on such terms and conditions, if any, as it sees fit.
4.4 Notice of outcome
The local government will provide written notice to an applicant whenever it makes a decision
regarding the issue, renewal, transfer or cancellation of a licence.
30 November 2022 GOVERNMENT GAZETTE, WA 5578
PART 5—SECURED SUM AND APPLICATION THEREOF
5.1 Security for restoration and reinstatement
(1) For the purpose of ensuring that an excavation site is properly restored or reinstated, the local
government may require that—
(a) as a condition of a licence; or
(b) before the issue of a licence, the licensee shall give to the local government a bond, bank
guarantee or other security, of a kind and in a form acceptable to the local government, in or
for a sum determined by the local government from time to time.
(2) A bond required under subclause (1) is to be paid into a fund established by the local government
for the purposes of this clause.
(3) Subject to clause 5.2, any interest accrued in respect of the bond paid into the fund under subclause
(2) is to be returned to the licensee at the completion of the restoration and reinstatement works
required by the licence conditions or otherwise under this local law.
5.2 Use by the local government of secured sum
(1) If a licensee fails to carry out or complete the restoration and reinstatement works required by the
licence conditions either—
(a) within the time specified in those conditions; or
(b) where no such time has been specified, within 60 days of the completion of the excavation or
portion of the excavation specified in the licence conditions, then, subject to the local
government giving the licensee 14 days’ notice of its intention to do so—
(c) the local government may carry out or cause to be carried out the required restoration and
reinstatement work or so much of that work as remains undone; and
(d) the licensee shall pay to the local government on demand all costs incurred by the local
government or which the local government may be required to pay under this clause.
(2) The local government may apply the proceeds of any bond, bank guarantee or other security provided
by the licensee under clause 5.1 towards its costs under this clause.
(3) The liability of a licensee to pay the local government’s costs under this clause is not limited to the
amount, if any, secured under clause 5.1.
PART 6—LIMITATIONS, OBLIGATIONS OF THE LICENSEE AND PROHIBITIONS
6.1 Limits on excavations near boundary
Subject to any licence conditions imposed by the local government, a person shall not, without the
written approval of the local government, excavate within—
(a) 20 metres of the boundary of any land on which the excavation site is located;
(b) 20 metres of any land affected by a registered grant of easement;
(c) 40 metres of any thoroughfare; or
(d) 40 metres of any watercourse.
6.2 Obligations of the licensee
A licensee shall—
(a) where the local government so requires, securely fence the excavation to a standard determined
by the local government and keep the gateways locked when not actually in use in order to
prevent unauthorised entry;
(b) erect and maintain warning signs along each of the boundaries of the area excavated under the
licence so that each sign—
(i) is not more than 200 metres apart;
(ii) is not less than 1.8 metres high and not less than 1 metre wide; and
(iii) bears the words ‘DANGER EXCAVATIONS KEEP OUT’;
(c) except where the local government approves otherwise, drain and keep drained to the local
government’s satisfaction any excavation to which the licence applies so as to prevent the
accumulation of water;
(d) restore and reinstate the excavation site in accordance with the terms and conditions of the
licence, the site plans and the works and excavation programme approved by the local
(e) take all reasonable steps to prevent the emission of dust, noise, vibration and other forms of
nuisance from the excavation site; and
(f) otherwise comply with the conditions imposed by the local government in accordance with
clause 3.1.
30 November 2022 GOVERNMENT GAZETTE, WA 5579
6.3 Prohibitions
A licensee shall not—
(a) remove any trees or shrubs within 40 metres (or such lesser distance as may be allowed, in
writing, by the local government) of the boundary of any thoroughfare on land in respect of
which a licence has been granted, except for the purpose of constructing access thoroughfares,
erecting buildings or installing plant for use in connection with the excavation and then only
with the express approval of the local government and subject to any conditions which the local
government may impose in accordance with clause 3.1;
(b) store, or permit to be stored, any explosives or explosive devices on the site to which the licence
applies other than with the approval of the local government and the Department of Mines,
Industry Regulation and Safety; or
(c) fill or excavate, other than in accordance with the terms and conditions of the licence, the site
plans and the works and excavation programme approved by the local government.
6.4 Blasting
(1) A person shall not carry out or permit to be carried out any blasting in the course of excavating
unless—
(a) the local government has otherwise given approval in respect of blasting generally or in the
case of each blast;
(b) subject to subclause (2), the blasting takes place only between the hours of 8.00am and 5.00pm,
or as determined by the local government, on Mondays to Fridays inclusive;
(c) the blasting is carried out in strict accordance with the AS2187.2-2006 Explosives—Storage
and Use—Use of Explosives as amended from time to time, the Mines Safety and Inspection
Act 1994, the Environmental Protection Act 1986, and all relevant local laws of the local
government; and
(d) in compliance with any other conditions imposed by the local government concerning—
(i) the time and duration of blasting;
(ii) the purposes for which the blasting may be used; and
(iii) such other matters as the local government may reasonably require in the interests of
the safety and protection of members of the public and of property within the district.
(2) A person shall not carry out or permit to be carried out any blasting on a Saturday, Sunday or public
holiday except with the prior approval of the local government.
PART 7—MISCELLANEOUS PROVISIONS
7.1 Public liability
(1) A licensee shall have at all times a current public liability insurance policy taken out in the joint
names of the licensee and the local government indemnifying the licensee and the local government for
a sum of not less than $20,000,000 in respect of any one claim relating to any of the excavation
operations.
(2) The licensee shall provide to the local government a copy of the policy taken out under subclause
(1), within 14 days after the issue of that policy and shall provide to the local government evidence of
renewal within 14 days of each renewal date.
7.2 Mines Safety and Inspection Act and Environmental Protection Act
(1) In any case where the Mines Safety and Inspection Act 1994 or the Environmental Protection
Act 1986 applies to any excavation carried on or proposed to be carried on at a site, the licensee in
respect of that site shall provide to the local government within 14 days full particulars of any
inspection or report made under that Act or those Acts.
(2) In this clause, the Mines Safety and Inspection Act 1994 and the Environmental Protection Act 1986
include all subsidiary legislation made under those Acts.
7.3 Notice of cessation of operations
(1) Where a licensee intends to cease carrying on an extractive industry—
(a) temporarily for a period in excess of 12 months; or
(b) permanently,
the licensee shall, as well as complying with clause 7.4, give the local government written notice of the
cessation not later than 1 week after those operations have ceased.
(2) Where a licensee has given written notice to the local government of the intention to permanently
cease carrying on an extractive industry on the site to which the licence applies the licence is deemed
to have expired on the date such cessation is so notified.
(3) The temporary or permanent cessation of the carrying on of an extractive industry on a site or the
deemed expiration or cancellation of a licence does not entitle the licensee to any refund of any licence
fee.
30 November 2022 GOVERNMENT GAZETTE, WA 5580
7.4 Works to be carried out on cessation of operations
Where the carrying on of an extractive industry on the site permanently ceases or on the expiration or
cancellation of the licence applicable to the site, whichever first occurs, the licensee shall, as well as
complying with the provisions of clause 7.3—
(a) restore and reinstate the excavated site in accordance with the proposals approved by the local
government or in such other manner as the local government may subsequently agree in
writing with the licensee;
(b) ensure that any face permitted to remain upon the excavation site is left safe with all loose
materials removed and where the excavation site is—
(i) sand, the sides are sloped to a batter of not more than 1:3 (vertical:horizontal); and
(ii) limestone or material other than sand, the sides are sloped to a batter which, in the
opinion of the local government, would enable the site to be left in a stable condition;
(c) ensure that the agreed floor level of the excavation is graded to an even surface or is otherwise
in accordance with the rehabilitation and decommissioning programme approved by the local
(d) ensure that all stockpiles or dumps of stone, sand or other materials are left so that no portion
of that material can escape onto land not owned or occupied by the licensee nor into any stream,
watercourse or drain that is not wholly situated within the land owned or occupied by the
licensee;
(e) erect retaining walls where necessary to prevent subsidence of land in the vicinity of any
excavation;
(f) remove from the site all buildings, plant and equipment erected, installed or used for or in
relation to the carrying on of an extractive industry on the site and fill all holes remaining after
such removal to the level of the surrounding ground and compact such filled holes sufficiently
to prevent settling; and
(g) break up, scarify, cover with topsoil and plant with grass, trees and shrubs all parts of the site
where buildings, plant and equipment were erected or installed and all areas which were used
for stockpiling unless otherwise specified under this local law.
PART 8—OBJECTIONS AND REVIEW
8.1 Objection and review rights
(1) The provisions of Division 1 of Part 9 of the Act and regulation 33 of the Local Government
(Functions and General) Regulations 1996 shall apply when the local government makes a decision as
to whether it will—
(a) grant a person a licence under this local law; or
(b) renew, vary, transfer, or cancel a licence that a person has under this local law.
(2) 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 power of entry exercised by the local government under this
local law is subject to Part 3, Division 3 of the Local Government Act 1995.
PART 9—OFFENCES, PENALTIES AND FORMS
9.1 Offences
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.
9.2 General penalty
A person who commits an offence under this local law is liable, on conviction, to a penalty 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 the day during which the offence has occurred.
9.3 Modified penalty
(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section
9.16 (1) of the Act.
(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause
in Schedule 1.
9.4 Forms
For the purposes of this local law—
(a) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in
Schedule 1 of the Local Government (Functions and General) Regulations 1996; and
(b) the form of the notice sent under section 9.20 of the Act withdrawing an infringement notice is
that of Form 3 in Schedule 1 of the Local Government (Functions and General)
Regulations 1996.
————
30 November 2022 GOVERNMENT GAZETTE, WA 5581
SCHEDULE 1—PRESCRIBED OFFENCES
Extractive Industries Local Law 2022
(clause 9.3)
Item Clause Description Modified
Penalty $
1 2.1 Carry on extractive industry without licence or in breach of
terms and conditions
2 6.1 Excavate near boundary 500
3 6.2(a) Gateways not kept locked where required 500
4 6.2(b) Warning signs not erected or maintained as required 500
5 6.2(c) Excavation not drained as required 500
6 6.2(e) Failure to prevent the emission of dust, noise or other forms of
nuisance
7 6.3(a) Remove trees or shrubs near boundary without approval 500
8 6.3(b) Store without required approval explosives or explosive devices 500
9 6.3(c) Fill or excavate in breach of licence 500
10 6.4(1)(a) Blasting without approval of the local government 500
11 6.4(1)(b) Blasting outside times authorised 500
12 6.4(1)(d) Blasting in breach of conditions imposed by the local
government
13 6.4(2) Blasting without approval on Saturday, Sunday or public
holiday
————
30 November 2022 GOVERNMENT GAZETTE, WA 5583
1.3 Repeal
1.5 Application of particular definitions
1.6 Application
1.7 Pre-existing signs
1.8 Classes of vehicles
1.9 Part of thoroughfare to which sign applies
1.10 Powers of the local government
PART 2—PARKING STALLS AND PARKING FACILITIES
2.1 Determination of parking stalls and parking facilities
2.2 Vehicles to be within parking stall on a thoroughfare
2.3 Payment of fee to park in a parking facility
2.4 Suspension of parking facility restrictions
2.5 Vehicle not to be removed until fee paid
2.6 Entitlement to receipt
2.7 Parking prohibitions and restrictions
PART 3—PARKING GENERALLY
3.1 Restrictions on parking in particular areas
3.2 Parking vehicle on a carriageway
3.3 When parallel and right-angled parking apply
3.4 When angle parking applies
3.5 General prohibitions on parking
3.6 Authorised person may order vehicle on thoroughfare to be moved
3.7 Authorised person may mark the tyres of a vehicle
3.8 No movement of vehicles to avoid time limitation
3.9 No parking of vehicles exposed for sale and in other circumstances
3.10 Parking on private land
3.11 Parking on local government property
3.12 Suspension of parking limitations for urgent, essential or official duties
PART 4—PARKING AND STOPPING GENERALLY
4.1 No stopping and no parking signs, and yellow edge lines
PART 5—STOPPING IN ZONES FOR PARTICULAR VEHICLES
5.1 Stopping in a loading zone
5.2 Stopping in a taxi zone or a bus zone
5.3 Stopping in a mail zone
5.4 Other limitations in zones
PART 6—OTHER PLACES WHERE STOPPING IS RESTRICTED
6.1 Stopping in a shared zone
6.2 Double parking
6.3 Stopping near an obstruction
6.4 Stopping on a bridge or in a tunnel, etc.
6.5 Stopping on crests, curves, etc.
6.6 Stopping near a fire hydrant etc.
6.7 Stopping at or near a bus stop
6.8 Stopping on a path, median strip, or traffic island
30 November 2022 GOVERNMENT GAZETTE, WA 5584
6.9 Stopping on verge
6.10 Obstructing access to and from a footpath, driveway, etc.
6.11 Stopping near a letter box
6.12 Stopping on a carriageway—heavy and long vehicles
6.13 Stopping on a carriageway with a bicycle parking sign
6.14 Stopping on a carriageway with motor cycle parking sign
PART 7—MISCELLANEOUS
7.1 Removal of notices on vehicle
7.2 Unauthorised signs and defacing of signs
7.3 Signs must be complied with
7.4 General provisions about signs
7.5 Special purpose and emergency vehicles
7.6 Vehicles not to obstruct a public place
7.7 Hindrance of an authorised person
PART 8—PENALTIES
8.1 Offences and penalties
8.2 Form of notices
SCHEDULE 1—PARKING REGION
SCHEDULE 2—PRESCRIBED OFFENCES
OFFENCES AND MODIFIED PENALTIES
30 November 2022 GOVERNMENT GAZETTE, WA 5585
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it,
the Council of the Shire of Dardanup resolved on 23 November 2022 to make the following local law.
This local law is cited as the Shire of Dardanup Parking Local Law 2023.
This local law comes into operation 14 days after it is published in the Government Gazette.
1.3 Repeal
The Shire of Dardanup Parking and Parking Facilities Local Law 2009 published in the Government
Gazette on 23 November 2009, is repealed.
Act means the Local Government Act 1995;
authorised person means a person appointed by the Council or the CEO under section 9.10 of the
Act, to perform any of the functions of an authorised person under this local law;
authorised vehicle means a vehicle authorised by the local government, CEO, authorised person
or under any written law to park on a thoroughfare or parking facility;
bicycle has the meaning given to it by the Code;
bicycle path has the meaning given to it by the Code;
built-up area has the meaning given to it by the Code;
bus has the meaning given to it by the Code;
bus embayment has the meaning given to it by the Code;
bus stop has the meaning given to it by the Code;
bus zone has the meaning given to it by the Code;
caravan has the same meaning given to it by the Caravan Parks and Camping Grounds Act 1995;
carriageway has the meaning given to it by the Code;
centre, in relation to a carriageway, has the meaning given to it by the Code;
children’s crossing has the meaning given to it by the Code;
CEO means the Chief Executive Officer of the local government;
Code means the Road Traffic Code 2000;
commercial vehicle means a motor vehicle constructed for the conveyance of goods or
merchandise, or for the conveyance of materials used in any trade, business, industry or work
whatsoever, other than a motor vehicle for the conveyance of passengers, and includes any
motor vehicle that is designed primarily for the carriage of persons but which has been fitted
or adapted for the conveyance of the goods, merchandise or materials referred to, and is in fact
used for that purpose;
Council means the Council of the Shire of Dardanup;
disability parking permit has the meaning given to it by the Code;
district means the district of the local government;
driver means any person driving or in control of a vehicle;
edge line, for a carriageway, has the meaning given to it by the Code;
emergency vehicle has the meaning given to it by the Code;
footpath has the meaning given to it by the Code;
GVM (which stands for gross vehicle mass) has the meaning given to it in the Road Traffic
(Vehicles) Act 2012;
loading zone has the meaning given to it by the Code;
local government means the Shire of Dardanup;
local government property means anything—
(a) which belongs to, is owned by or is under the care, control and management of the local
30 November 2022 GOVERNMENT GAZETTE, WA 5586
(b) which is an ‘otherwise unvested facility’ within section 3.53 of the Act; or
(c) of which the local government is a management body under the Land Administration
Act 1997;
mail zone has the meaning given to it by the Code;
median strip has the meaning given to it by the Code;
motorcycle has the meaning given to it by the Code;
motor vehicle has the meaning given to it by the Road Traffic (Administration) Act 2008;
motorised scooter has the meaning given to it by the Code;
nature strip has the meaning given to it by the Code;
no parking area has the meaning given to it by the Code;
no parking sign means a sign with the words ‘no parking’ in red letters on a white background,
or the letter P within a red annulus and a red diagonal line across it on a white background;
no stopping area has the meaning given to it by the Code;
no stopping sign means a sign with the words ‘no stopping’ or ‘no standing’ in red letters on a
white background or the letter S within a red annulus and a red diagonal line across it on a
white background;
obstructing means causing or allowing a motor vehicle, trailer, or other object to stand on a road
in such a way that it is likely to impede other road users;
occupier has the meaning given to it by the Act;
owner—
(a) where used in relation to a vehicle licensed under the Road Traffic Act, means the person
in whose name the vehicle has been registered under the Road Traffic Act;
(b) where used in relation to any other vehicle, means the person who owns, or is entitled to
possession of that vehicle; and
(c) where used in relation to land, has the meaning given to it by the Act;
painted island has the meaning given to it by the Code;
park has the meaning given to it by the Code;
parking area has the meaning given to it by the Code;
parking facilities—
(a) means land, buildings, shelters, parking stalls and other facilities open to the public
generally for the parking of vehicles with or without charge; and
(b) includes signs, notices and facilities used in connection with the parking of vehicles;
parking region means the area described in Schedule 1;
parking stall means a section or part of a thoroughfare or of a parking facility which is marked
or defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the
purpose of indicating where a vehicle may be parked;
parking station means any land, or structure provided for the purpose of accommodating vehicles
with or without charge;
path has the same meaning given to it by the Code;
pedestrian crossing has the meaning given to it by the Code;
public bus has the same meaning given to it by the Code;
public place means any place to which the public has access whether or not that place is on private
property;
reserve means any land—
(a) which belongs to the local government;
(b) of which the local government is the management body under the Land Administration
Act 1997; or
(c) which is an otherwise unvested facility within section 3.53 of the Act;
road has the meaning given to it by the Road Traffic (Administration) Act 2008;
Road Traffic Act means the Road Traffic Act 1974;
Schedule means a Schedule to this local law;
shared zone has the meaning given to it by the Code;
sign includes a traffic sign, inscription, road marking, mark, structure or device, on which may be
shown words, numbers, expressions or symbols, that is—
(a) approved by the CEO or an authorised person; and
(b) placed on or near a thoroughfare or within a parking station or reserve for the purpose
of prohibiting, regulating, guiding, directing or restricting the parking and stopping of
vehicles;
special purpose vehicle has the meaning given to it by the Code;
30 November 2022 GOVERNMENT GAZETTE, WA 5587
stop in relation to a vehicle means to stop a vehicle and permit it to remain stationary, except for
the purposes of avoiding conflict with other traffic or of complying with the provisions of any
law;
symbol includes any symbol specified by Australian Standard 1742.11-2016 and any symbol
specified from time to time by Standards Australia for use in the regulation of parking and any
reference to the wording of any sign in this local law shall be also deemed to include a reference
to the corresponding symbol;
taxi has the meaning given to it by the Code;
taxi zone has the meaning given to it by the Code;
thoroughfare has the meaning given to it by the Act;
traffic island has the meaning given to it by the Code;
trailer has the meaning given to it by the Code;
vehicle has the meaning given to it by the Code;
verge means the portion of a thoroughfare which lies between the boundary of a carriageway and
the adjacent property line and includes any part of the verge designed for or intended for use
by vehicles but does not include a footpath;
1.5 Application of particular definitions
(1) For the purposes of the application of the definitions ‘no parking area’ and ‘parking area’, an
arrow inscribed on a traffic sign erected at an angle to the boundary of the carriageway is deemed to be
pointing in the direction in which it would point, if the signs were turned at an angle of less than
90 degrees until parallel with the boundary.
(2) Unless the context otherwise requires, where a term is used, but not defined, in this local law, and
that term is defined in the Road Traffic Act or in the Code, then the term has the meaning given to it
in that Act or the Code.
1.6 Application
(1) Subject to subclause (2), this local law applies to the parking region.
(2) This local law does not apply to a parking facility that is not occupied by the local government,
unless the local government and the owner or occupier of that facility have agreed in writing that this
local law will apply to that facility.
(3) The agreement referred to in subclause (2) may be made on such terms and conditions as the parties
may agree.
(4) The provisions of Parts 2, 3, and 4 do not apply to a bicycle parked at a bicycle rail or bicycle rack.
1.7 Pre-existing signs
(1) A sign that—
(a) was erected by the local government or the Commissioner of Main Roads prior to the coming
into operation of this local law; and
(b) relates to the parking of vehicles within the parking region,
is deemed for the purposes of this local law to have been erected by the local government under the
authority of this local law.
(2) An inscription or symbol on a sign referred to in subclause (1) operates and has effect according to
its tenor, and where the inscription or symbol relates to the stopping of vehicles, it is deemed for the
purposes of this local law to operate and have effect as if it related to the parking of vehicles.
1.8 Classes of vehicles
For the purpose of this local law, vehicles are divided into classes as follows—
(a) buses;
(b) commercial vehicles;
(c) motorcycles and bicycles;
(d) taxis; and
(e) all other vehicles.
1.9 Part of thoroughfare to which sign applies
Where under this local law the parking of vehicles in a thoroughfare is controlled by a sign, the sign
must be read as applying to that part of the thoroughfare which—
(a) lies beyond the sign;
(b) lies between the sign and the next sign beyond that sign; and
(c) is on that side of the thoroughfare nearest to the sign.
1.10 Powers of the local government
The Council may prohibit or regulate by signs or otherwise, the stopping or parking of any vehicle or
any class of vehicles in any part of the parking region but must do so consistently with this local law.
30 November 2022 GOVERNMENT GAZETTE, WA 5588
PART 2—PARKING STALLS AND PARKING FACILITIES
2.1 Determination of parking stalls and parking facilities
(1) The Council may by resolution constitute, determine and vary—
(a) parking stalls;
(b) parking facilities;
(c) permitted time and conditions of parking in parking stalls and parking facilities which may
vary with the locality;
(d) permitted classes of vehicles which may park in parking stalls and parking facilities;
(e) permitted classes of persons who may park in specified parking stalls or parking facilities; and
(f) the manner of parking in parking stalls and parking facilities.
(2) Where the Council makes a resolution under subclause (1) it will erect signs to give effect to the
determination.
2.2 Vehicles to be within parking stall on a thoroughfare
(1) Subject to subclauses (2), (3) and (4), a person must not park a vehicle in a parking stall in a
thoroughfare otherwise than—
(a) parallel to and as close to the kerb as is practicable;
(b) wholly within the stall; and
(c) headed in the direction of the movement of traffic on the side of the thoroughfare in which the
stall is situated.
(2) Subject to subclause (3), where a parking stall in a thoroughfare is set out otherwise than parallel
to the kerb, then a person must park a vehicle in that stall wholly within it.
(3) If a vehicle is too long or too wide to fit completely within a single parking stall then the person
parking the vehicle must do so within the minimum number of parking stalls needed to park that
vehicle.
(4) A person must not park a vehicle partly within and partly outside a parking area.
2.3 Payment of fee to park in a parking facility
A person must not park a vehicle or permit a vehicle to remain parked in any parking facility during
any period for which a fee is payable unless—
(a) in the case of a parking facility having an authorised person on duty, the appropriate fee is
paid when demanded; or
(b) in the case of a parking facility equipped with parking meters, the appropriate fee is inserted
in the meter or the required payment is made in such other form as may be permitted.
2.4 Suspension of parking facility restrictions
The Council may by resolution declare that the provisions of clause 3.3 do not apply during periods on
particular days in relation to particular parking facilities as specified in such resolution.
2.5 Vehicle not to be removed until fee paid
A person must not remove a vehicle which has been parked in a parking facility until the appropriate
fee has been paid for the period for which the vehicle has been parked.
2.6 Entitlement to receipt
A person paying a fee at a parking facility is entitled to receive a receipt on demand showing the period
of parking covered by such payment.
2.7 Parking prohibitions and restrictions
(1) A person must not—
(a) park a vehicle so as to obstruct an entrance to, or an exit from a parking facility, or an access
way within a parking facility;
(b) except with the permission of the local government or an authorised person, park a vehicle on
any part of a parking facility contrary to a sign referable to that part;
(c) permit a vehicle to park on any part of a parking facility, if an authorised person directs the
driver of such vehicle to move the vehicle; or
(d) park or attempt to park a vehicle in a parking stall in which another vehicle is parked, but this
paragraph does not prevent the parking of a motorcycle and a bicycle together in a stall marked
‘M/C’, if the bicycle is parked in accordance with subclause (2).
(2) A person must not park any bicycle—
(a) in a parking stall other than in a stall marked ‘M/C’; and
(b) in such stall, other than against the kerb.
30 November 2022 GOVERNMENT GAZETTE, WA 5589
PART 3—PARKING GENERALLY
3.1 Restrictions on parking in particular areas
(1) A person must not park a vehicle in a thoroughfare or part of a thoroughfare, or part of a parking
facility—
(a) if by a sign it is set apart for the parking of vehicles of a different class;
(b) if by a sign it is set apart for the parking of vehicles by persons of a different class; or
(c) during any period when the parking of vehicles is prohibited by a sign.
(2) A person must not park a vehicle—
(a) in a no parking area;
(b) in a parking area, except in accordance with both the signs associated with the parking area
and with this local law;
(c) in a stall marked ‘M/C’ unless it is a motorcycle without a sidecar or a trailer, or it is a bicycle.
(3) A person must not park a motorcycle without a sidecar or a trailer, or a bicycle in a parking stall not
marked ‘M/C’, except where there are no stalls marked ‘M/C’ within 500 metres of the parking stall.
(4) A person must not, without the prior permission of the local government, the CEO, or an authorised
person, park a vehicle in an area designated by a sign stating ‘Authorised Vehicles Only’.
3.2 Parking vehicle on a carriageway
(1) A person parking a vehicle on a carriageway other than in a parking stall must park it—
(a) in the case of a two-way carriageway, so that it is as near as practicable to, and parallel with,
the left boundary of the carriageway and headed in the direction of the movement of traffic on
the side of the thoroughfare on which the vehicle is parked;
(b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with
either boundary of the carriageway and headed in the direction of the movement of traffic on
the side of the thoroughfare on which the vehicle is parked;
(c) so that at least 3 metres of the width of the carriageway lies between the vehicle and the farther
boundary of the carriageway, or any continuous line or median strip, or between the vehicle
and a vehicle parked on the farther side of the carriageway;
(d) so that the front and the rear of the vehicle respectively is not less than 1 metre from any other
vehicle, except a motorcycle without a trailer or a bicycle parked in accordance with this local
law; and
(e) so that it does not obstruct any vehicle on the carriageway,
unless otherwise indicated on a parking regulation sign or markings on the carriageway.
(2) In this clause continuous dividing line means—
(a) a single continuous dividing line only;
(b) a single continuous dividing line to the left or right of a broken dividing line; or
(c) 2 parallel continuous dividing lines.
3.3 When parallel and right-angled parking apply
Where a traffic sign associated with a parking area is not inscribed with the words ‘angle parking’, or
with an equivalent symbol depicting this purpose, then unless a sign associated with the parking area
or marks on the carriageway indicate that vehicles have to park in a different position, then—
(a) where the parking area is adjacent to the boundary of a carriageway, a person parking a vehicle
in the parking area must park it as near as practicable to and parallel with that boundary; and
(b) where the parking area is at or near the centre of the carriageway, a person parking a vehicle
in that parking area must park it at approximately right angles to the centre of the
carriageway.
3.4 When angle parking applies
(1) This clause does not apply to—
(a) a passenger vehicle or a commercial vehicle with a mass, including any load, of over 3 tonnes;
or
(b) a person parking either a motor cycle without a trailer or a bicycle.
(2) Where a sign associated with a parking area is inscribed with the words ‘angle parking’ or with an
equivalent symbol depicting this purpose, a person parking a vehicle in the area must park the vehicle
at an angle of approximately 45 degrees to the centre of the carriageway unless otherwise indicated by
the inscription on the parking sign or by marks on the carriageway.
3.5 General prohibitions on parking
(1) This clause does not apply to a vehicle parked in a parking stall or to a bicycle in a bicycle rack.
(2) Subclauses (3)(c), (e) and (g) do not apply to a vehicle which parks in a bus embayment.
(3) Subject to any law relating to intersections with traffic control signals, a person must not park a
vehicle so that any portion of the vehicle is—
(a) between any other stationary vehicles and the centre of the carriageway;
(b) on or adjacent to a median strip;
30 November 2022 GOVERNMENT GAZETTE, WA 5590
(c) obstructing a right of way, private driveway or carriageway or so close as to deny a vehicle
reasonable access to or egress from the right of way, private driveway or carriageway;
(d) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the
carriageway, if the vehicle would obstruct traffic;
(e) on or within 10 metres of any portion of a carriageway bounded by a traffic island;
(f) on any footpath or pedestrian crossing;
(g) between the boundaries of a carriageway and any double longitudinal line consisting of 2
continuous lines or between a double longitudinal line consisting of a continuous line and a
broken or dotted line and the boundary of a carriageway nearer to the continuous line, unless
there is a distance of at least 3 metres clear between the vehicle and the double longitudinal
line;
(h) on an intersection, except adjacent to a carriageway boundary that is not broken by an
intersecting carriageway;
(i) within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of
a fire hydrant or fire plug;
(j) within 3 metres of a public letter pillar box located on a thoroughfare, unless the vehicle is
being used for the purposes of collecting postal articles from the pillar box; or
(k) within 10 metres of the nearer property line of any thoroughfare intersecting the thoroughfare
on the side on which the vehicle is parked, unless a sign or markings on the carriageway
indicate otherwise.
(4) A person must not park a vehicle so that any portion of the vehicle is within 10 metres of the
departure side of—
(a) a sign inscribed with the words ‘Bus Stop’ or ‘Hail Bus Here’, or with equivalent symbols
depicting these purposes, unless the vehicle is a bus stopped to take up or set down passengers;
or
(b) a children’s crossing or pedestrian crossing.
(5) A person must not park a vehicle so that any portion of the vehicle is within 20 metres of the
approach side of—
(a) a sign inscribed with the words ‘Bus Stop’ or ‘Hail Bus Here’, or with equivalent symbols
depicting these purposes, unless the vehicle is a bus stopped to take up or set down passengers;
or
(b) a children’s crossing or pedestrian crossing.
(6) A person must not park a vehicle so that any portion of the vehicle is within 20 metres of either the
approach side or the departure side of the nearest rail of a railway level crossing.
(7) A person shall not park on a verge unless that portion of the verge has been approved in writing by
the local government as a parking area.
(8) Subclause (7) does not apply to a verge adjacent to a premises zoned industry, light and service
industry or residential under the local planning scheme if the person is the owner or occupier of the
premises adjacent to that portion of the verge, or is a person authorised by the occupier to park on that
portion of the verge.
3.6 Authorised person may order vehicle on thoroughfare to be moved
The driver of a vehicle must not park that vehicle on any part of a thoroughfare in contravention of this
local law after an authorised person has directed the driver to move it.
3.7 Authorised person may mark the tyres of a vehicle
(1) An authorised person may mark the tyres of a vehicle parked in a parking stall or parking facility
with chalk or any other non-indelible substance for a purpose connected with or arising out of his or
her duties or powers.
(2) A person must not remove a mark made by an authorised person so that the purpose of the affixing
of such a mark is defeated or likely to be defeated.
3.8 No movement of vehicles to avoid time limitation
(1) Where the parking of vehicles in a parking facility is permitted for a limited time, a person must not
move a vehicle within the parking facility so that the total time of parking exceeds the maximum time
allowed for parking in the parking facility.
(2) Where the parking of vehicles in a thoroughfare is permitted for a limited time, a person must not
move a vehicle along that thoroughfare so that the total time of parking exceeds the maximum time
permitted, unless the vehicle has first been removed from the thoroughfare for at least 2 hours.
3.9 No parking of vehicles exposed for sale and in other circumstances
A person must not park a vehicle on any portion of a thoroughfare—
(a) for the purpose of exposing it for sale;
(b) if that vehicle is not licensed under the Road Traffic Act;
(c) if that vehicle is a trailer or a caravan unattached to a motor vehicle; or
(d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable
the vehicle to be moved to a place other than a thoroughfare.
30 November 2022 GOVERNMENT GAZETTE, WA 5591
3.10 Parking on private land
(1) In this clause a reference to ‘land’ does not include land—
(a) which is local government property;
(b) which is the subject of an agreement referred to in subclause 1.6(2); or
(c) which is identified in a Schedule.
(2) A person must not park a vehicle on land without the consent of the owner or occupier of the land
on which the vehicle is parked.
(3) Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to
the parking of vehicles of a specified class or classes on the land for a limited period, a person must not
park a vehicle on the land otherwise than in accordance with the consent.
3.11 Parking on local government property
No person other than an employee of the local government in the course of his or her duties or a person
authorised by the local government shall drive or park a vehicle upon or over any portion of a local
government property other than upon an area specifically set aside for that purpose.
3.12 Suspension of parking limitations for urgent, essential or official duties
(1) Where, by a sign, the parking of vehicles is permitted for a limited time on a portion of a thoroughfare
or parking facility, the local government, the CEO or an authorised person may permit a person to park
a vehicle in that portion of the thoroughfare or parking facility for longer than the permitted time in
order that the person may carry out urgent, essential or official duties.
(2) Where permission is granted under subclause (1), the local government, the CEO or an authorised
person may prohibit the use by any other vehicle of that portion of the thoroughfare or parking facility
to which the permission relates, for the duration of that permission.
PART 4—PARKING AND STOPPING GENERALLY
4.1 No stopping and no parking signs, and yellow edge lines
(1) A driver shall not stop on a length of carriageway, or in an area, to which a no stopping sign applies.
(2) A driver must not stop on a length of carriageway or in an area to which a no parking sign applies,
unless the driver—
(a) is dropping off, or picking up, passengers or goods;
(b) does not leave the vehicle unattended; and
(c) completes the dropping off, or picking up, of the passengers or goods within 2 minutes of
stopping and drives on.
(3) A driver must not stop at the side of a carriageway marked with a continuous yellow edge line.
(4) In this clause a driver leaves the vehicle unattended if the driver leaves the vehicle so the driver is
over 3 metres from the closest point of the vehicle.
PART 5—STOPPING IN ZONES FOR PARTICULAR VEHICLES
5.1 Stopping in a loading zone
A person must not stop a vehicle in a loading zone unless it is—
(a) a motor vehicle used for commercial or trade purposes engaged in the picking up or setting
down of goods; or
(b) a motor vehicle taking up or setting down passengers, but, in any event, must not remain in
that loading zone—
(c) for longer than a time indicated on the sign designating the loading zone; or
(d) longer than 30 minutes if no time is indicated on the sign.
5.2 Stopping in a taxi zone or a bus zone
(1) A driver must not stop in a taxi zone, unless the driver is driving a taxi.
(2) A driver must not stop in a bus zone, unless the driver is driving a public bus, or a bus of a type that
is permitted to stop at the bus zone by information on or with the ‘bus zone’ sign applying to the bus
zone.
5.3 Stopping in a mail zone
A person must not stop a vehicle in a mail zone.
5.4 Other limitations in zones
A person must not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would
be contrary to any limitation in respect to classes of persons or vehicles, or specific activities allowed,
as indicated by additional words on a traffic sign that applies to the zone.
30 November 2022 GOVERNMENT GAZETTE, WA 5592
PART 6—OTHER PLACES WHERE STOPPING IS RESTRICTED
6.1 Stopping in a shared zone
A driver must not stop in a shared zone unless—
(a) the driver stops at a place on a length of carriageway, or in an area, to which a parking control
sign applies and the driver is permitted to stop at that place under this local law;
this local law;
(c) the driver is dropping off, or picking up, passengers or goods; or
(d) the driver is engaged in door-to-door delivery or collection of goods, or in the collection of waste
or garbage.
6.2 Double parking
(1) A driver must not stop a vehicle so that any portion of the vehicle is between any other stopped
vehicle and the centre of the carriageway.
(2) This clause does not apply to—
(a) a driver stopped in traffic; or
(b) a driver angle parking on the side of the carriageway or in a median strip parking area, in
accordance with this local law.
6.3 Stopping near an obstruction
A driver must not stop on a carriageway near an obstruction on the carriageway in a position that
further obstructs traffic on the carriageway.
6.4 Stopping on a bridge or in a tunnel, etc.
(1) A driver must not stop a vehicle on a bridge, causeway, ramp or similar structure unless—
(a) the carriageway is at least as wide on the structure as it is on each of the approaches and a
traffic sign does not prohibit stopping or parking; or
(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking control
sign applies and the driver is permitted to stop at that place under this local law.
(2) A driver must not stop a vehicle in a tunnel or underpass unless—
(a) the carriageway is at least as wide in the tunnel or underpass as it is on each of the approaches
and a traffic sign does not prohibit stopping or parking; or
(b) the driver of a motor vehicle stops at a bus stop, or in a bus zone or parking area marked on
the carriageway, for the purpose of setting down or taking up passengers.
6.5 Stopping on crests, curves, etc.
(1) Subject to subclause (2), a driver must not stop a vehicle on, or partly on, a carriageway in any
position where it is not visible to the driver of an overtaking vehicle from a distance of 50 metres within
a built-up area and from a distance of 150 metres outside a built-up area.
(2) A driver may stop on a crest or curve on a carriageway that is not in a built-up area if the driver
stops at a place on the carriageway, or in an area, to which a parking control sign applies and the driver
is permitted to stop at that place under this local law.
6.6 Stopping near a fire hydrant etc.
(1) A driver must not stop a vehicle so that any portion of the vehicle is within 1 metre of a fire hydrant
or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug, unless—
(a) the driver is driving a public bus, and the driver stops in a bus zone or at a bus stop and does
not leave the bus unattended; or
(b) the driver is driving a taxi, and the driver stops in a taxi zone and does not leave the taxi
unattended.
(2) In this clause a driver leaves the vehicle unattended if the driver leaves the vehicle so the driver is
over 3 metres from the closest point of the vehicle.
6.7 Stopping at or near a bus stop
(1) A driver must not stop a vehicle so that any portion of the vehicle is within 20 metres of the approach
side of a bus stop, or within 10 metres of the departure side of a bus stop, unless—
(a) the vehicle is a public bus stopped to take up or set down passengers; or
(b) the driver stops at a place on a length of carriageway or in an area to which a parking control
sign applies and the driver is permitted to stop at that place under this local law.
(2) In this clause—
(a) distances are measured in the direction in which the driver is driving; and
(b) a trailer attached to a public bus is deemed to be a part of the public bus.
6.8 Stopping on a path, median strip, or traffic island
The driver of a vehicle (other than a bicycle or an animal) must not stop so that any portion of the
vehicle is on a footpath, traffic island or median strip, unless the driver stops in an area to which a
parking control sign applies and the driver is permitted to stop at that place under this local law.
30 November 2022 GOVERNMENT GAZETTE, WA 5593
6.9 Stopping on verge
(1) A person must not—
(a) stop a vehicle other than a bicycle;
(b) stop a commercial vehicle or bus, or a trailer or caravan unattached to a motor vehicle; or
(c) stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a
sign adjacent and referable to that verge, so that any portion of it is on a verge.
(2) Subclause (1)(a) does not apply to the person if he or she is the owner or occupier of the premises
adjacent to that verge, or is a person authorised by the occupier of those premises to stop the vehicle so
that any portion of it is on the verge.
(3) Subclause (1)(b) does not apply to a commercial vehicle when it is being loaded or unloaded with
reasonable expedition with goods, merchandise or materials collected from or delivered to the premises
adjacent to the portion of the verge on which the commercial vehicle is parked, provided no obstruction
is caused to the passage of any vehicle or person using a carriageway or a footpath.
6.10 Obstructing access to and from a footpath, driveway, etc.
(1) A driver must not stop a vehicle so that any portion of the vehicle is in front of a footpath or in a
position that obstructs access by vehicles or pedestrians to or from that footpath, unless—
(a) the driver is dropping off, or picking up, passengers; or
this local law.
(2) A driver must not stop a vehicle on or across a driveway or other way of access for vehicles travelling
to or from adjacent land, unless—
(a) the driver is dropping off, or picking up, passengers; or
this local law.
6.11 Stopping near a letter box
A driver must not stop a vehicle so that any portion of the vehicle is within 3 metres of a public letter
pillar box, unless the driver—
(a) is dropping off, or picking up, passengers or mail; or
(b) stops at a place on a length of carriageway or in an area to which a parking control sign applies
and the driver is permitted to stop at that place under this local law.
6.12 Stopping on a carriageway—heavy and long vehicles
(1) A person must not park a vehicle or any combination of vehicles that, together with any projection
on, or load carried by, the vehicle or combination of vehicles, is 7.5 metres or more in length or exceeds
a GVM of 4.5 tonnes—
(a) on a carriageway in a built-up area for any period exceeding 1 hour, unless engaged in the
picking up or setting down of goods; or
(b) on a carriageway outside a built-up area, except on the shoulder of the carriageway or in a
truck bay or other area set aside for the parking of goods vehicles.
(2) Nothing in this clause affects or overrides the limitations or conditions imposed by any other clause
in this local law, or by any other local law or traffic sign relating to the parking or stopping of vehicles.
6.13 Stopping on a carriageway with a bicycle parking sign
The driver of a vehicle, other than a bicycle, must not stop on a length of carriageway to which a ‘bicycle
parking’ sign applies, unless the driver is dropping off or picking up passengers.
6.14 Stopping on a carriageway with motor cycle parking sign
The driver of a vehicle must not stop on a length of carriageway or in an area to which a ‘motor cycle
parking’ sign applies, or an area marked ‘M/C’ unless—
(a) the vehicle is a motor cycle; or
(b) the driver is dropping off, or picking up, passengers.
PART 7—MISCELLANEOUS
7.1 Removal of notices on vehicle
A person, other than the driver of the vehicle or a person acting under the direction of the driver of the
vehicle, must not remove from the vehicle any notice put on the vehicle by an authorised person.
7.2 Unauthorised signs and defacing of signs
A person must not, without the authority of the local government—
(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or exhibited
by the local government under this local law;
(b) remove, deface or misuse a sign or property, set up or exhibited by the local government under
this local law, or attempt to do any such act; or
(c) affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign set
up or exhibited by the local government under this local law.
30 November 2022 GOVERNMENT GAZETTE, WA 5594
7.3 Signs must be complied with
An inscription or symbol on a sign operates and has effect according to its tenor and a person
contravening the direction on a sign commits an offence under this local law.
7.4 General provisions about signs
(1) A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the absence
of evidence to the contrary, presumed to be a sign marked, erected, set up, established or displayed
under the authority of this local law.
(2) The first 3 letters of any day of the week when used on a sign indicate that day of the week.
7.5 Special purpose and emergency vehicles
Notwithstanding anything to the contrary in this local law, the driver of—
(a) a special purpose vehicle may, only in the course of his or her duties and when it is expedient
and safe to do so, stop or park the vehicle in any place, at any time; and
(b) an emergency vehicle may, in the course of his or her duties and when it is expedient and safe
to do so or where he or she honestly and reasonably believes that it is expedient and safe to do
so, stop or park the vehicle at any place, at any time.
7.6 Vehicles not to obstruct a public place
(1) A person must not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the
use of any part of that public place without the permission of the local government or unless authorised
under any written law.
(2) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24
hours.
7.7 Hindrance of an authorised person
A person shall not in any way obstruct or hinder an authorised person in the execution of his or her
duties.
PART 8—PENALTIES
8.1 Offences and penalties
(1) A person who breaches a provision of this local law commits an offence.
(2) An offence against any provision of this local law is a prescribed offence for the purposes of section
9.16(1) of the Act.
(3) Any person who commits an offence under this local law will be liable, upon conviction, to a penalty
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.
(4) The amount appearing in the final column of Schedule 2 directly opposite a clause specified in that
Schedule is the modified penalty for an offence against that clause.
8.2 Form of notices
For the purposes of this local law—
(a) the form of the notice referred to in section 9.13 of the Act is Form 1 in Schedule 1 of the Local
Government (Functions and General) Regulations 1996;
(b) the form of the infringement notice referred to in section 9.17 of the Act is Form 2 in Schedule
1 of the Local Government (Functions and General) Regulations 1996; and
(c) the form of the infringement withdrawal notice referred to in section 9.20 of the Act is Form 3
in Schedule 1 of the Local Government (Functions and General) Regulations 1996.
————
SCHEDULE 1—PARKING REGION
[cl 1.6(1)]
The parking region is the whole of the district, but excludes the following portions of the district—
(1) the approach and departure prohibition areas of all existing and future traffic control signal
installations as determined by the Commissioner of Main Roads;
(2) prohibition areas applicable to all existing and future bridges and subways as determined by the
Commissioner of Main Roads; and
(3) any road which comes under the control of the Commissioner of Main Roads, unless the control of
parking and parking facilities on that road is carried out subject to the control and direction of the
Commissioner of Main Roads, or has been delegated by the Commissioner to the local government.
————
30 November 2022 GOVERNMENT GAZETTE, WA 5595
SCHEDULE 2—PRESCRIBED OFFENCES
[cl 8.1(4)]
OFFENCES AND MODIFIED PENALTIES
ITEM
NO.
CLAUSE
NO. NATURE OF OFFENCE
MODIFIED
PENALTY
$
1 2.2(1) Failure to park wholly within parking stall 60
2 2.2(4) Failure to park wholly within parking area 60
3 2.7(1)(a) Causing obstruction in a parking facility 60
4 2.7(1)(b) Parking contrary to sign in a parking facility 60
5 2.7(1)(c) Parking contrary to directions of authorised person 100
6 2.7(1)(d) Parking or attempting to park a vehicle in a parking stall
occupied by another vehicle 60
7 3.1(1)(a) Parking wrong class of vehicle 60
8 3.1(1)(b) Parking by persons of a different class 60
9 3.1(1)(c) Parking during prohibited period 60
10 3.1(2)(a) Parking in no parking area 60
11 3.1(2)(b) Parking contrary to signs or limitations 60
12 3.1(2)(c) Parking vehicle in motor cycle only area 60
13 3.1(3) Parking motor cycle in stall not marked ‘M/C’ 60
14 3.1(4) Parking without permission in an area designated with a sign
‘Authorised Vehicles Only’ 60
15 3.2(1)(a) Failure to park on the left of two-way carriageway 60
16 3.2(1)(a) Parking against the flow of traffic 100
17 3.2(1)(b) Failure to park on boundary of one-way carriageway 60
18 3.2(1)(c) Parking when distance from farther boundary less than 3
metres 60
19 3.2(1)(d) Parking closer than 1 metre from another vehicle 60
20 3.2(1)(e) Causing obstruction 100
21 3.3(b) Failure to park at approximate right angle 60
22 3.4(2) Failure to park at an appropriate angle 60
23 3.5(3)(a)
and 6.2 Double parking 100
24 3.5(3)(b) Parking on or adjacent to a median strip 100
25 3.5(3)(c) Denying access to private drive or right of way 100
26 3.5(3)(d) Parking beside excavation or obstruction so as to obstruct
traffic 100
27 3.5(3)(e) Parking within 10 metres of traffic island 60
28 3.5(3)(f) Parking on footpath/pedestrian crossing 100
29 3.5(3)(g) Parking contrary to continuous line markings 100
30 3.5(3)(h) Parking on intersection 100
31 3.5(3)(i) Parking within 1 metre of fire hydrant or fire plug 100
32 3.5(3)(j) Parking within 3 metres of public letter box 60
33 3.5(3)(k) Parking within 10 metres of intersection 100
34 3.5(4) Parking vehicle within 10 metres of departure side of bus
stop, children’s crossing or pedestrian crossing 100
35 3.5(5) Parking vehicle within 20 metres of approach side of bus stop,
children’s crossing or pedestrian crossing 60
36 3.5(6) Parking vehicle within 20 metres of approach side or
departure side of railway level crossing 100
37 3.5(7) Parking on a verge that is not an approved parking area 60
38 3.6 Parking contrary to direction of authorised person 100
39 3.7(2) Removing mark of authorised person 100
40 3.8 Moving vehicle to avoid time limitation 100
41 3.9(a) Parking in thoroughfare for purpose of sale 60
42 3.9(b) Parking unlicensed vehicle in thoroughfare 60
43 3.9(c) Parking a trailer/caravan on a thoroughfare 60
30 November 2022 GOVERNMENT GAZETTE, WA 5596
ITEM
NO.
CLAUSE
NO. NATURE OF OFFENCE
MODIFIED
PENALTY
$
44 3.9(d) Parking in thoroughfare for purpose of repairs 60
45 3.10(2) Parking on land that is not a parking facility without consent 100
46 3.10(3) Parking on land not in accordance with consent 100
47 3.11 Driving or parking on local government property 100
48 4.1(1) Stopping contrary to a no stopping sign 100
49 4.1(2) Parking contrary to a no parking sign 100
50 4.1(3) Stopping within continuous yellow lines 60
51 5.1 Stopping unlawfully in a loading zone 60
52 5.2 Stopping unlawfully in a taxi zone or bus zone 100
53 5.3 Stopping unlawfully in a mail zone 100
54 5.4 Stopping in a zone contrary to a sign 100
55 6.1 Stopping in a shared zone 60
56 6.3 Stopping near an obstruction 60
57 6.4 Stopping on a bridge or tunnel 100
58 6.5 Stopping on crests/curves etc 100
59 6.6 Stopping near fire hydrant 100
60 6.7 Stopping near bus stop 60
61 6.8 Stopping on path, median strip or traffic island 100
62 6.9 Stopping on verge 100
63 6.10 Obstructing path, a driveway etc 100
64 6.11 Stopping near letter box 100
65 6.12 Stopping heavy or long vehicles on carriageway 60
66 6.13 Stopping in bicycle parking area 60
67 6.14 Stopping in motorcycle parking area 60
68 7.6 Leaving vehicle so as to obstruct a public place 100
69 7.7 Hindrance to an authorised officer 200
70 8.1(1) All other offences not specified 100
————