Shire of Dumbleyung Fencing Local Law 2022
5188GOVERNMENT GAZETTE, WA 3 November 2022
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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.