16 September 2020 GOVERNMENT GAZETTE, WA 2945
LOCAL GOVERNMENT ACT 1995
CEMETERIES ACT 1986
SHIRE OF EAST PILBARA
CEMETERIES AMENDMENT LOCAL LAW 2020
Under the powers conferred by the Local Government Act 1995, the Cemeteries Act 1986 and all other
powers enabling it, the Council of the Shire of East Pilbara resolved on 28 August 2020 to make the
following local law.
Citation
This local law is cited as the Shire of East Pilbara Cemeteries Amendment Local Law 2020.
Commencement
This local law comes into operation 14 days after its publication in the Government Gazette.
Principal Local Law
This local law amends the Shire of East Pilbara Cemeteries Local Law 2010 as published in the
Government Gazette on 17 January 2011.
Clause 2.4 replaced
Clause 2.4 is deleted and replaced with—
2.4 Issuing grants
The local government may, upon the written application of a person and upon payment of a set
fee, issue that person with a grant for a term of 25 years.
Clause 2.7 amended
Clause 2.7(2) is deleted and replaced with—
(2) Notwithstanding subclause (1), the local government may, prior to issuing a replacement
grant, require the holder to make a statutory declaration.
Clause 2.8 amended
Clause 2.8(1)(a) is deleted and replaced with—
(a) Make an application to the local government; and
Clause 3.1 amended
Clause 3.1(1) is deleted and replaced with—
(1) A person may apply for approval to bury a dead body in the cemetery.
Clause 3.3 replaced
Clause 3.3 is deleted and replaced with—
3.3 Certificate of identification
(1) After a dead body is placed in a coffin and prior to the dead body being removed to a cemetery,
a person who personally knew the deceased shall identify the dead body and shall complete a
certificate of identification, unless—
(a) in the opinion of a funeral director, the dead body is not in a fit state to be viewed; or
(b) after reasonable effort, the funeral director is unable to arrange for a person to identify
the dead body.
(2) Where—
(a) in the opinion of a funeral director, a dead body is not in a fit state to be viewed or;
(b) after reasonable effort, the funeral director is unable to arrange for a person to identify
the dead body,
then the funeral director shall complete a certificate to that effect.
Section 1 - Shire of East Pilbara Cemeteries Amendment Local Law 2020 - Shire of East Pilbara Cemeteries Amendment Local Law 2020 | Zoe
2946 GOVERNMENT GAZETTE, WA 16 September 2020
9. Clause 4.2 replaced
Clause 4.2 is deleted and replaced with—
4.2 Funeral director’s licence
(1) The local government may, upon the receipt of an application in writing and upon payment of
a set fee, issue to an applicant a funeral director’s licence authorising a holder to direct funerals
within a cemetery at such times and on such days and subject to such conditions as the local
government shall specify and in compliance with the provisions of this local law.
(2) If the application referred to in subclause (1) is approved by the local government, the local
government shall issue to the applicant a licence.
(3) A person who is the holder of a current funeral director’s licence may apply for a new licence
for the following year by lodging with the local government an application form and upon
payment of the set fee.
10. Clause 4.6 amended
Clause 4.6(1) is deleted and replaced with—
(1) The local government may, upon receipt of an application in writing by a person and upon
payment of a set fee, issue to an applicant a single funeral permit authorising a holder to direct a
funeral of the person named in a permit within a cemetery at such time and subject to such
conditions as the local government shall specify upon the issue of that permit or in this local law.
11. Clause 5.6 amended
(1) Clause 5.6(1) is deleted and replaced with—
(1) A personal representative of a deceased person whose body has been cremated may apply, in
an application under clause 3.1 for permission to dispose of the ashes in a cemetery and upon
payment of a set fee, the local government may grant permission for the ashes to be disposed of by
one of the following methods—
(a) niche wall;
(b) family grave;
(c) bush memorial; or
(d) other memorials approved by the local government.
(2) In clause 5.6 (2), the words ‘in the form prescribed in Schedule 14’ are deleted.
12. Clause 7.1 amended
Clause 7.1(1)(a) is deleted and replaced with—
(a) the written application of a person; and
13. Clause 7.18 replaced
Clause 7.18 is deleted and replaced with—
7.18 Application for single monumental work permit
(1) The local government may, upon receipt of an application in writing by a person and upon
payment of a set fee, issue to an applicant a single monumental work permit authorising a holder
to place a monument within a cemetery subject to such conditions as the local government shall
specify upon the issue of that permit or in this local law.
(2) Every application for a single monumental work permit under subclause (1) shall include an
application for monumental work.
14. Clauses 8.1 and 8.2 deleted and replaced
Clause 8.1 and 8.2 are deleted and replaced with—
8.1 Animals
A person shall not bring an animal into or permit an animal to enter or remain in the cemetery,
other than an ‘assistance animal’ as defined in section 9(2) of the Disability Discrimination
Act 1992 (Cth) or with the approval of the CEO.
15. Schedules deleted
Schedules 4 to 17 inclusive are deleted.
————
Dated 28 August 2020.
The Common Seal of the Shire of East Pilbara was affixed by authority of a resolution of the Council
in the presence of—
Cr LYNNE CRAIGIE OAM, President.
JEREMY EDWARDS, Chief Executive Officer.
———————————
16 September 2020 GOVERNMENT GAZETTE, WA 2947
DOG ACT 1976
SHIRE OF EAST PILBARA
DOGS LOCAL LAW 2020
Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other
powers enabling it, the Council of the Shire of East Pilbara resolved on 28 August 2020 to make the
following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Shire of East Pilbara Dogs Local Law 2020.
1.2 Repeal
The Shire of East Pilbara Dogs Local Law 2011 published in the Government Gazette on 26 March
2012 is repealed.
1.3 Definitions
In this local law unless the context otherwise requires—
Act means the Dog Act 1976;
authorised person means a person authorised by the local government to perform all or any of
the functions conferred on an authorised person under this local law;
CEO means the Chief Executive Officer of the local government;
district means the district of the local government;
local government means the Shire of East Pilbara;
local planning scheme means a local planning scheme made by the local government under the
Planning and Development Act 2005;
Regulations means the Dog Regulations 2013;
Schedule means a schedule in this local law; and
thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995.
1.4 Application
This local law applies throughout the district.
PART 2—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS
2.1 Dogs to be confined
(1) An occupier of premises on which a dog is kept must—
(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of
confining the dog;
(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height
and construction which having regard to the breed, age, size and physical condition of the dog
is capable of preventing the dog at all times from passing over, under or through it;
(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the
premises (unless the gate is opened in a temporary manner that ensures the dog remains
confined) and is fitted with a proper latch or other means of fastening it;
(d) maintain the fence and all gates and doors in the fence in good order and condition;
(e) ensure the fence is erected and maintained in accordance with the provisions of the Shire of
East Pilbara Fencing Local Law; and
(f) where no part of the premises consists of open space, yard or garden or there is no open s:pace
or garden or yard of which the occupier has exclusive use or occupation, ensure that other
means exist on the premises (other than the tethering of the dog) for effectively confining the
dog within the premises.
(2) Where an occupier fails to comply with subclause (1), he or she commits an offence.
2948 GOVERNMENT GAZETTE, WA 16 September 2020
(3) Notwithstanding subclauses (1) and (2), the confinement of dangerous dogs is dealt with in the Act
and Regulations.
2.2 Limitation on the number of dogs
(1) This clause does not apply to premises which have been—
(a) licensed under Part 3 as an approved kennel establishment;
(b) granted an exemption under section 26(3) of the Act; or
(c) established as a veterinary hospital or a veterinary clinic.
(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of
section 26(4) of the Act is—
(a) 2 dogs over the age of 3 months and the young of those dogs under that age if the premises
are situated within a townsite; or
(b) 4 dogs over the age of 3 months and the young of those dogs under that age if the premises
are situated outside a townsite.
PART 3—APPROVED KENNEL ESTABLISHMENTS
3.1 Interpretation
In this Part and in Schedule 2—
“licence” means a licence to keep an approved kennel establishment on premises;
“licensee” means the holder of a licence;
“premises”, in addition to the meaning given to it in section 3 of the Act, means the premises
described in the application for a licence; and
“transferee” means a person who applies for the transfer of a licence to her or him under
clause 3.14.
3.2 Application for licence for approved kennel establishment
An application for a licence must be made in the form of that in Schedule 1, and must be lodged with
the local government together with—
(a) evidence of planning approval obtained from the local government—
(b) plans and specifications of the kennel establishment, including a site plan;
(c) copies of the notices to be given under clause 3.3;
(d) written evidence that either the applicant or another person who will have the charge of the
dogs, will reside on the premises or, in the opinion of the local government, sufficiently close
to the premises so as to control the dogs and so as to ensure their health and welfare;
(e) a written acknowledgement that the applicant has read and agrees to comply with any code
of practice relating to the keeping of dogs nominated by the local government; and
(f) the fee for the application for a licence referred to in clause 3.10.
3.3 Notice of proposed use
(1) An applicant for a licence must give notice of the proposed use of the premises as an approved
kennel establishment after the application for a licence has been lodged—
(a) once in a newspaper circulating in the district; and
(b) to the owners and occupiers of any premises adjoining the premises.
(2) The notices in subclause (1) must specify that—
(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days
of the date the notice is given; and
(b) the application and plans and specifications may be inspected at the offices of the local
government.
(3) Where—
(a) the notices given under subclause (1) do not clearly identify the premises; or
(b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in
the opinion of the local government, would fail to serve the purpose of notifying persons of the
proposed use of the premises,
then the local government may refuse to determine the application for a licence until the notices or
notice, as the case may be, is given in accordance with its directions.
3.4 Exemption from notice requirements
Where an application for a licence is made in respect of premises on which an approved kennel
establishment is either a—
(a) permitted use; or
(b) use which the local government may approve subject to compliance with specified notice
requirements,
under a local planning scheme, then the requirements of clauses 3.2(c), 3.3 and 3.5(c) do not apply in
respect of the application for a licence.
The local government may require advertising of an application as part of the planning process.
16 September 2020 GOVERNMENT GAZETTE, WA 2949
3.5 When application can be determined
An application for a licence is not to be determined by the local government until—
(a) planning approval has been given by the local government;
(b) the applicant has complied with clause 3.2;
(c) the applicant submits proof that the notices referred to in clause 3.3(1) have been given in
accordance with that clause; and
(d) the local government has considered any written submissions received within the time
specified in clause 3.3(2)(a) on the proposed use of the premises.
3.6 Determination of application
In determining an application for a licence, the local government is to have regard to—
(a) the matters referred to in clause 3.7;
(b) any written submissions received within the time specified in clause 3.3(2)(a) on the proposed
use of the premises;
(c) any economic or social benefits which may be derived by any person in the district if the
application for a licence is approved;
(d) the effect which the approved kennel establishment may have on the environment or amenity
of the neighbourhood;
(e) whether the approved kennel establishment will create a nuisance for the owners and
occupiers of adjoining premises; and
(f) whether or not the imposition of and compliance with appropriate conditions of a licence will
mitigate any adverse effects of the approved kennel establishment identified in the preceding
paragraphs.
3.7 Where application cannot be approved
The local government cannot approve an application for a licence where—
(a) an approved kennel establishment cannot be permitted by the local government on the
premises under a local planning scheme unless prior valid planning approval has been issued
by the local government and the application for a licence is consistent with that approval; or
(b) an applicant for a licence or another person who will have the charge of the dogs will not
reside on the premises, or, in the opinion of the local government, sufficiently close to the
premises so as to control the dogs and so as to ensure their health and welfare.
3.8 Conditions of approval
(1) The local government may approve an application for a licence subject to the conditions contained
in Schedule 2 and to such other conditions as the local government considers appropriate.
(2) In respect of a particular application for a licence, the local government may vary any of the
conditions contained in Schedule 2.
3.9 Compliance with conditions of approval
Penalties applicable where a licensee does not comply with the conditions of a licence are contained in
the Dog Act and Regulations.
3.10 Fees
(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.
(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.
(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the
local government.
(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local
government under sections 6.16 to 6.19 of the Local Government Act 1995.
3.11 Form of licence
The licence is to be in the form determined by the local government and is to be issued to the licensee.
3.12 Period of licence
(1) The period of effect of a licence is set out in section 27(5) of the Act.
(2) A licence is to be renewed if the fee referred to in clause 3.10(2) is paid to the local government
prior to the expiry of the licence.
(3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have
effect.
3.13 Variation or cancellation of licence
(1) The local government may vary the conditions of a licence.
(2) The local government may cancel a licence—
(a) on the request of the licensee;
(b) following a breach of the Act, the Regulations or this local law; or
(c) if in the opinion of the local government the licensee is not a fit and proper person.
(3) The date a licence is cancelled is to be, in the case of—
(a) paragraph (a) of subclause (2), the date requested by the licensee; or
2950 GOVERNMENT GAZETTE, WA 16 September 2020
(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act.
(4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence
that has not yet expired.
3.14 Transfer
(1) An application for the transfer of a valid licence from the licensee to another person must be—
(a) made in the form determined by the local government;
(b) made by the transferee;
(c) made with the written consent of the licensee; and
(d) lodged with the local government together with—
(i) written evidence that a person will reside at or within reasonably close proximity to the
premises the subject of the licence; and
(ii) the fee for the application for the transfer of a licence referred to in clause 3.10(3).
(2) The local government is not to determine an application for the transfer of a valid licence until the
transferee has complied with subclause (1).
(3) The local government may approve, whether or not subject to such conditions as it considers
appropriate, or refuse to approve an application for the transfer of a valid licence.
(4) Where the local government approves an application for the transfer of a valid licence, then on the
date of approval, unless otherwise specified in the notice issued under clause 3.15(b), the transferee
becomes the licensee of the licence for the purposes of this local law.
3.15 Notification
The local government is to give written notice to—
(a) an applicant for a licence of the local government’s decision on her or his application;
(b) a transferee of the local government’s decision on her or his application for the transfer of a
valid licence;
(c) a licensee of any variation made under clause 3.13(1);
(d) a licensee when her or his licence is due for renewal and the manner in which it may be
renewed;
(e) a licensee when her or his licence is renewed;
(f) a licensee of the cancellation of a licence under clause 3.13(2)(a); and
(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 3.13(2), which
notice is to be given in accordance with section 27(6) of the Act.
3.16 Inspection of kennel
With the consent of the occupier, an authorised person may inspect an approved kennel
establishment at any time.
PART 4—MISCELLANEOUS
4.1 Offence to excrete
(1) A dog must not excrete on—
(a) any thoroughfare, any dog exercise area or other public place; or
(b) any land which is not a public place without the consent of the occupier.
(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the
control of the dog at that time commits an offence.
(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any
excreta is removed immediately by that person.
PART 5—ENFORCEMENT
5.1 Interpretation
In this Part—
infringement notice means the notice referred to in clause 5.4;
notice of withdrawal means the notice referred to in clause 5.7(1); and.
5.2 Offences and general penalty
(1) 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.
(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not less
than $500 and 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.
5.3 Modified penalties
The offences contained in Schedule 3 are offences in relation to which a modified penalty may be
imposed.
16 September 2020 GOVERNMENT GAZETTE, WA 2951
5.4 Issue of infringement notice
Where an authorised person has reason to believe that a person has committed an offence in respect
of which a modified penalty may be imposed, he or she may issue to that person a notice in the form of
Form 8 of the First Schedule of the Regulations.
5.5 Failure to pay modified penalty
Where a person who has received an infringement notice fails to pay the modified penalty within the
time specified in the notice, or within such further time as may in any particular case be allowed by
the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified
penalty.
5.6 Payment of modified penalty
A person who has received an infringement notice may, within the time specified in that notice or
within such further time as may in any particular case be allowed by the CEO, send or deliver to the
local government the amount of the penalty, with or without a reply as to the circumstances giving
rise to the offence, and the local government may appropriate that amount in satisfaction of the
penalty and issue an acknowledgment.
5.7 Withdrawal of infringement notice
(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an
infringement notice by sending a notice in the form of Form 9 of the First Schedule of the Regulations.
(2) A person authorised to issue an infringement notice under clause 5.4 cannot sign or send a notice
of withdrawal.
————
SCHEDULE 1—APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL
ESTABLISHMENT
(clause 3.2)
DOGS LOCAL LAW 2020
I/we (full name) ..............................................................................................................................................
of (postal address) ..........................................................................................................................................
(telephone number) ........................................................................................................................................
(facsimile number) .........................................................................................................................................
(E-mail address) .............................................................................................................................................
Apply for a licence for an approved kennel establishment at (address of premises) ..................................
........................................................................................................................................................................
For (number and breed of dogs) ....................................................................................................................
(insert name of person) .................................................................. will be residing at the premises on
and from (insert date) ...........................................
(insert name of person) ......................................................... will be residing (sufficiently close to the
premises so as to control the dogs and so as to ensure their health and welfare) at ...........................
.................................................................................................................... (insert address of residence)
on and from ................................................... (insert date).
Attached are—
(a) a site plan of the premises showing the location of the kennels and yards and all other
buildings and structures and fences;
(b) plans and specifications of the kennel establishment;
(c) copy of notice of proposed use to appear in newspaper;
(d) copy of notice of proposed use to be given to adjoining premises;
(e) written evidence that a person will reside—
(i) at the premises; or
(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their
health and welfare; and
(f) if the person in item (e) is not the applicant, written evidence that the person is a person in
charge of the dogs.
I confirm that I have read and agree to comply with the Code of Practice known as ................................
............................................................................................, in the keeping of dogs at the proposed kennel
establishment.
Signature of applicant ..........................................................................
Date .......................................................................................................
delete where inapplicable.
Note: a licence if issued will have effect for a period of 12 months—section 27(5) of the Dog Act.
OFFICE USE ONLY
Application fee paid on [insert date].
2952 GOVERNMENT GAZETTE, WA 16 September 2020
SCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL
ESTABLISHMENT
(clause 3.8(1))
An application for a licence for an approved kennel establishment may be approved subject to the
following conditions—
(a) each kennel, unless it is fully enclosed, must have a yard attached to it;
(b) each kennel and each yard must be at a distance of not less than—
(i) 25m from the front boundary of the premises and 5m from any other boundary of the
premises;
(ii) 10m from any dwelling; and
(iii) 25m from any church, school room, hall, factory, dairy or premises where food is
manufactured, prepared, packed or stored for human consumption;
(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or
netting or other materials approved by the local government;
(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the
breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the
kennel and the length of the dog is to be determined by measuring from the base of the tail to
the front of its shoulder;
(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice
the floor area of the kennel or group of kennels to which it is attached;
(f) the upper surface of the kennel floor must be—
(i) at least 100mm above the surface of the surrounding ground;
(ii) smooth so as to facilitate cleaning;
(iii) rigid;
(iv) durable;
(v) slip resistant;
(vi) resistant to corrosion;
(vii) non-toxic;
(viii) impervious;
(ix) free from cracks, crevices and other defects; and
(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in
turn must lead to a suitably sized diameter sewerage pipe which must be properly laid,
ventilated and trapped in accordance with the health requirements of the local
government;
(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to
approved apparatus for the treatment of sewage in accordance with the health requirements
of the local government;
(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the
junction of the floor and external and internal walls, or internal walls must be so constructed
as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;
(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of
any kennel;
(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—
(i) 2m; or
(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured
from the floor to the uppermost tip of its shoulders while in a stationary upright
position;
(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted
internally and externally with good quality new zincalume or new pre-finished colour coated
steel sheeting or new fibrous cement sheeting or other durable material approved by the local
government;
(l) all external surfaces of each kennel must be kept in good condition;
(m) the roof of each kennel must be constructed of impervious material;
(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must
be cleaned and disinfected when so ordered by an authorised person;
(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for
the treatment of sewage;
(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;
(q) suitable water must be available at the kennel via a properly supported standpipe and tap;
and
(r) the licensee or the person nominated in the application for a licence, must, in accordance with
the application for the licence, continue to reside—
(i) at the premises; or
(ii) in the opinion of the local government, sufficiently close to the premises so as to control
the dogs, and to ensure their health and welfare.
16 September 2020 GOVERNMENT GAZETTE, WA 2953
SCHEDULE 3—OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES
(clause 5.3)
Offence Nature of offence
Modified penalty
$
2.1 Failing to provide means for effectively confining a dog 100
4.1(2) Dog excreting in prohibited place 100
————
Dated: 28 August 2020.
The Common Seal of the Shire of East Pilbara was affixed by authority of a resolution of the Council
in the presence of—
Cr LYNNE CRAIGIE OAM, President.
JEREMY EDWARDS, Chief Executive Officer.
———————————
16 September 2020 GOVERNMENT GAZETTE, WA 2955
LOCAL GOVERNMENT ACT 1995
DIVIDING FENCES ACT 1961
SHIRE OF EAST PILBARA
FENCING AMENDMENT LOCAL LAW 2020
Under the powers conferred by the Local Government Act 1995, and all other powers enabling it, the
Council of the Shire of East Pilbara resolved on 28 August 2020 to make the following local law.
Citation
This local law is cited as the Shire of East Pilbara Fencing Amendment Local Law 2020.
Commencement
This local law comes into operation 14 days after its publication in the Government Gazette.
Principal Local Law
This local law amends the Shire of East Pilbara Fencing Local Law 2011 as published in the
Government Gazette on 26 March 2012.
Clause 1.6 amended
In clause 1.6—
(1) The definition of ‘authorised person’ is replaced with—
authorised person means a person appointed by the local government under section 96 of
the Building Act 2011 to perform any of the functions of an authorised person under this
local law;
(2) The definition of ‘Building Surveyor’ is deleted.
‘Building Surveyor’ replaced with ‘authorised person’
‘the Building Surveyor’ is replaced with ‘an authorised person’ wherever it appears in the local law.
————
Dated 28 August 2020.
The Common Seal of the Shire of East Pilbara was affixed by authority of a resolution of the Council
in the presence of—
Cr LYNNE CRAIGIE OAM, President.
JEREMY EDWARDS, Chief Executive Officer.
———————————
16 September 2020 GOVERNMENT GAZETTE, WA 2957
LOCAL GOVERNMENT ACT 1995
SHIRE OF EAST PILBARA
PARKING AMENDMENT LOCAL LAW 2020
Under the powers conferred by the Local Government Act 1995, and all other powers enabling it, the
Council of the Shire of East Pilbara resolved on 28 August 2020 to make the following local law.
Citation
This local law is cited as the Shire of East Pilbara Parking Amendment Local Law 2020.
Commencement
This local law comes into operation 14 days after its publication in the Government Gazette.
Principal Local Law
This local law amends the Shire of East Pilbara Parking and Parking Facilities Local Law 2011
published in the Government Gazette on 9 October 2012.
Title amended
The name of the local law is amended to the Shire of East Pilbara Parking Local law 2011 where it
appears in the title to the local law and in clause 1.1.
Clause 1.6 amended
In clause 1.6—
(a) The definition of ACROD is deleted; and
(b) The following definition is added in the appropriate place in alphabetical order—
disability parking permit has the meaning given to it in the Local Government (Parking
for People with Disabilities) Regulations 2014;
Clause 3.3 amended
Subclauses 3.3(3)(a) and (b) are deleted and replaced with—
(a) the driver’s vehicle displays a valid disability parking permit;
(b) a person with disabilities to which that permit relates is either the driver of or a passenger in
the vehicle; and
(c) the disability permit is clearly visible to, and able to be read by, an authorised person
examining the permit from outside the vehicle.
Clause 4.1 amended
(1) Subclause 4.1(3) is deleted and replaced with—
(3) In subclause (2), driver means a driver where—
(a) the driver’s vehicle displays a disability parking permit; and
(b) a disabled person to which the disability parking permit relates is either the driver of the
vehicle or a passenger in the vehicle.
(2) Subclause 4.1(6) is deleted and replaced with—
(6) A person shall not, park a vehicle in an area designated by a sign stating “Authorised Vehicles
Only”—
(a) without the prior permission of the local government or an authorised person; and
(b) without displaying a permit issued by the local government or an authorised person.
Clause 7.1 amended
Subclause 7.1(4) is deleted and replaced with—
(4) Subclause (3) does not apply to an offence to which the Local Government (Parking for People
with Disabilities) Regulations 2014 applies.
2958 GOVERNMENT GAZETTE, WA 16 September 2020
9. Clause 7.2 replaced
Clause 7.2 is deleted and replaced with—
7.2 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 that of Form 1 in Schedule 3;
(b) the form of the infringement notice referred to in section 9.17 of the Act is that of Form 2
in Schedule 3; and
(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 3.
10. Schedule 2 amended
Schedule 2 is deleted and replaced with—
SCHEDULE 2—PRESCRIBED OFFENCES
[clause 7.1(4)]
Item
No.
Clause
No. Nature of Offence
Modified
Penalty
$
1 2.1 Failure to comply with signs 100
2 2.2(a) Unauthorised display, marking, setting up, exhibiting of a
sign
100
3 2.2(b) Unauthorised removal, defacing or misuse of a sign 100
4 2.2(c) Unauthorised affixing anything to a sign 100
5 3.2(1)(a) Failure to park parallel to and as close to the kerb as
practicable in a parking stall
100
6 3.2(1)(b) Failure to park wholly within parking stall 100
7 3.2(1)(c) Failure to park in the direction of the movement of traffic
in a parking stall
100
8 3.2(4) Failure to park wholly within parking area 100
9 3.3(1)(a) Causing obstruction in parking station 100
10 3.3(1)(b) Parking contrary to sign in parking station 100
11 3.3(1)(c) Parking contrary to directions of authorised person 100
12 3.3(1)(d) Parking or attempting to park a vehicle in a parking stall
occupied by another vehicle
100
13 4.1(1)(a) Parking by vehicles of a different class 100
14 4.1(1)(b) Parking by persons of a different class 100
15 4.1(1)(c) Parking during prohibited period 100
16 4.1(4)(a) Parking in no parking area 100
17 4.1(4)(b) Parking contrary to signs or limitations 100
18 4.1(4)(c) Parking vehicle in motor cycle only area 100
19 4.1(5) Parking motor cycle in stall not marked “M/C” 100
20 4.1(6)(a) Parking without permission in an area designated for
“Authorised Vehicles Only”
100
21 4.1(6)(b) Parking without displaying permit in an area designated
for “Authorised vehicles only”
100
22 4.2(1)(a) Failure to park on the left of two-way carriageway 100
23 4.2(1)(b) Failure to park on boundary of one-way carriageway 100
24 4.2(1)(a) or
4.2(1)(b)
Parking against the flow of traffic 100
25 4.2(1)(c) Parking when distance from farther boundary less than
3 metres
100
26 4.2(1)(d) Parking closer than 1 metre from another vehicle 100
27 4.2(1)(e) Causing obstruction 100
28 4.4(b) Failure to park approximate right angle 100
29 4.5(2) Failure to park at an appropriate angle 100
30 4.6(3)(a) Double parking 100
31 4.6(3)(b) Parking on or adjacent to a median strip 100
32 4.6(3)(c) Denying access to private drive or right of way 100
33 4.6(3)(d) Parking beside excavation or obstruction so as to obstruct
traffic
100
34 4.6(3)(e) Parking within 10 metres of traffic island 100
35 4.6(3)(f) Parking on footpath/pedestrian crossing 100
16 September 2020 GOVERNMENT GAZETTE, WA 2959
Item
No.
Clause
No. Nature of Offence
Modified
Penalty
$
36 4.6(3)(h) Parking closer than 3 metres to double longitudinal lines 100
37 4.6(3)(i) Parking on intersection 100
38 4.6(3)(j) Parking within 1 metre of fire hydrant or fire plug 100
39 4.6(3)(k) Parking within 3 metres of public letter box 100
40 4.6(3)(l) Parking within 10 metres of intersection 100
41 4.6(4)(a) or (b) Parking vehicle within 10 metres of departure side of bus
stop, children’s crossing or pedestrian crossing
100
42 4.6(5)(a) or (b) Parking vehicle within 20 metres of approach side of bus
stop, children’s crossing or pedestrian crossing
100
43 4.6(6) Parking vehicle within 20 metres of approach side or
departure side of railway level crossing
100
44 4.7 Parking on a verge 100
45 4.8 Parking contrary to direction of authorised person 100
46 4.9(1), (2) or
(3)
Moving vehicle to avoid time limitation 100
47 4.10(a) Parking in thoroughfare for purpose of sale 100
48 4.10(b) Parking unlicensed vehicle in thoroughfare 100
49 4.10(c) Parking a trailer/caravan on a thoroughfare 100
50 4.10(d) Parking in thoroughfare for purpose of repairs 100
51 4.11(2) Parking on land that is not a parking facility without
consent
100
52 4.11(3) Parking on land not in accordance with consent 100
53 4.12 Driving or parking on a reserve 100
54 5.1(1) Stopping contrary to a “no stopping” sign 100
55 5.1(2) Parking contrary to a “no parking” sign 100
56 5.1(3) Stopping within continuous yellow lines 100
57 5.2 Stopping unlawfully in a loading zone 100
58 5.3 Stopping unlawfully in a taxi zone or bus zone 100
59 5.4 Stopping unlawfully in a mail zone 100
60 5.5 Stopping in a zone contrary to a sign 100
61 5.6 Stopping in a shared zone 100
62 5.7(1) Double parking 100
63 5.8 Stopping near an obstruction 100
64 5.9 Stopping on a bridge or tunnel 100
65 5.10 Stopping on crests/curves etc 100
66 5.11 Stopping near fire hydrant 100
67 5.12 Stopping on path, median strip or traffic island 100
68 5.13(1) Stopping on verge 100
69 5.14 Obstructing path, a driveway etc 100
70 5.15 Stopping near letter box 100
71 5.16 Stopping heavy or long vehicles on carriageway 100
72 5.17 Stopping in bicycle parking area 100
73 5.18 Stopping in motorcycle parking area 100
74 5.19 Stopping or parking in a stall set up as an eating area 100
75 5.20(3) Stopping or parking contrary to requirements of a permit 100
76 5.21 Stopping or parking a vehicle (other than a bicycle or
motor cycle) in a parking stall approved for motor cycles
100
77 6.3 Failure to comply with a lawful direction of an authorised
person
100
78 6.4 Failure to leave local government property when lawfully
directed to do so by an authorised person
100
79 6.5(2) Removing or interfering with a lawful mark on a tyre 100
80 6.6 Removing a notice on a vehicle 100
81 6.8(1) Leaving a vehicle in a public place or thoroughfare so as to
cause an obstruction
100
82 All other offences not specified 100
2960 GOVERNMENT GAZETTE, WA 16 September 2020
11. Schedules 3 to 5 amended
In Schedules 3 to 5—
(i) The title of Schedule 3 is amended to ‘Schedule 3—Forms’;
(ii) The words ‘Schedule 4’ and ‘Schedule 5’ are deleted wherever they appear; and
(iii) In Forms 2 and 3, the following is inserted after ‘Registration ____________________’—
Colour: ___________________________
————
Dated 28 August 2020.
The Common Seal of the Shire of East Pilbara was affixed by authority of a resolution of the Council
in the presence of—
Cr LYNNE CRAIGIE OAM, President.
JEREMY EDWARDS, Chief Executive Officer.
———————————