5188GOVERNMENT GAZETTE, WA 3 November 2022

5188 GOVERNMENT GAZETTE, WA 3 November 2022 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. 1.6 Transitional Any permit, licence, consent or authorisation issued in accordance with a local law listed in clause 1.4— (a) is taken to be a permit granted under this local law; (b) is to be valid for the period specified on the permit, licence, consent or authorisation; and (c) may be earlier cancelled or suspended in accordance with this local law. 1.7 Application as to assistance animals This local law is subject to any written law and any law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Cth). PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY Division 1—Determinations 2.1 Determinations as to use of local government property The local government may make a determination in accordance with clause 2.2— (a) setting aside specified local government property for the pursuit of all or any of the activities referred to in clause 2.7; (b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on specified local government property; (c) as to the matters in clauses 2.7(2) and 2.8(2); and (d) as to any matter ancillary or necessary to give effect to a determination. 2.2 Procedure for making a determination (1) The local government is to give local public notice of its intention to make a determination. (2) The local public notice must state that— (a) the local government intends to make a determination, the purpose and effect of which is summarised in the notice; (b) a copy of the proposed determination may be inspected and obtained from the offices of the local government; and (c) submissions in writing about the proposed determination may be lodged with the local government within 21 days after the date of publication. (3) If no submissions are received under clause 2.2(2)(c), the local government is to decide— (a) to give local public notice that the proposed determination has effect as a determination on and from the date of publication; (b) to amend the proposed determination, in which case clause 2.2(5) will apply; or (c) not to continue with the proposed determination. (4) If submissions are received under clause 2.2(2)(c), the local government— (a) is to consider those submissions; and (b) is to decide— (i) whether to amend the proposed determination; or (ii) not to continue with the proposed determination. (5) If the local government decides to amend the proposed determination, it is to give local public notice— (a) of the effects of the amendments; and (b) that the proposed determination has effect as a determination on and from the date of publication. (6) If the local government decides not to amend the proposed determination, it is to give local public notice that the proposed determination has effect as a determination on and from the date of publication.

3 November 2022 GOVERNMENT GAZETTE, WA 5189 (7) A proposed amendment is to have effect as a determination on and from the date of publication of the local public notice referred to in clauses 2.2(3), 2.2(5) and 2.2(6). (8) A decision under clauses 2.2(3) or 2.2(4) is not to be delegated by Council. 2.3 Discretion to erect a sign The local government may erect a sign on local government property to give notice of the effect of a determination. 2.4 Determination to be complied with A person must comply with a determination. 2.5 Register of determinations (1) The local government is to keep a register of determinations made under clause 2.1, and of any amendments to or revocations of determinations made under clause 2.6. (2) Sections 5.94 and 5.95 of the Act apply to the register referred to in clause 2.5(1) and for that purpose, the register is taken to be information within section 5.94(u)(i) of the Act. 2.6 Amendment or revocation of a determination (1) The local government may amend or revoke a determination. (2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment were a proposed determination. (3) If the local government revokes a determination, it must give local public notice of the revocation and the determination will cease to have effect on and from the date of publication. Division 2—Activities which may be pursued or prohibited on specified local government property as a result of a determination 2.7 Activities which may be pursued on specified local government property (1) A determination may provide that specified local government property is set aside as an area on which a person may— (a) bring, ride or drive an animal; (b) take, ride or drive a vehicle, or a particular class of vehicle; (c) fly or use a motorised model aircraft, car, ship, glider or rocket; (d) use a children’s playground provided that the person is under an age specified in the determination, but the determination is not to apply to a person having the charge of a person under the specified age; (e) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or not in specified areas of that local government property; (f) play or practice— (i) golf or archery; (ii) pistol or rifle shooting, but subject to compliance of that person with the Firearms Act; or (iii) a similar activity, specified in the determination, involving the use of a projectile which, in the opinion of the local government, may cause injury and damage to a person or property; or (g) ride a bicycle, a wheeled recreational device, or similar device; or (h) wear no clothing. (2) A determination may specify the extent to which and the manner in which an activity referred to in clause 2.7(1) may be pursued and in particular— (a) the days and times during which the activity may be pursued; (b) that any activity may be pursued on a class of local government property, specified local government property or all local government property; (c) that an activity is taken to be prohibited on all local government property other than that specified in the determination; (d) may limit the activity to a class of vehicles, equipment or things, or may extend it to all vehicles, equipment or things; (e) may specify that the activity can be pursued by a class of persons or all persons; and (f) may distinguish between different classes of the activity. 2.8 Activities which may be prohibited on specified local government property (1) A determination may provide that a person is prohibited from pursuing all or any of the following activities on specified local government property— (a) smoking in premises; (b) riding a bicycle, a wheeled recreational device, or a similar device; (c) taking, riding or driving a vehicle on the property or a particular class of vehicle; (d) riding or driving a vehicle of a particular class or any vehicle above a specified speed; (e) the playing or practice of— (i) golf, archery, pistol or rifle shooting; or