5186GOVERNMENT GAZETTE, WA 3 November 2022

5186 GOVERNMENT GAZETTE, WA 3 November 2022 Competition Principles Agreement means the Competition Principles Agreement executed by each State and Territory of the Commonwealth and the Commonwealth of Australia on 11 April 1995; Council means the council of the local government; crossing means a crossing giving access from a public thoroughfare to— (a) private land; or (b) a private thoroughfare serving private land; determination means a determination made under clause 2.1; 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; manager means the person for the time being employed, contracted or appointed by the local government to manage any swimming pool or recreation facility, and includes any assistant or deputy; 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);