3786GOVERNMENT GAZETTE, WA 20 November 2023

3786 GOVERNMENT GAZETTE, WA 20 November 2023 verge means that part of a thoroughfare between the carriageway and the land which abuts the thoroughfare, but does not include any footpath; and waste includes matter— (a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is discharged into the environment; or (b) prescribed by regulations under the Waste Avoidance and Resource Recovery Act 2007 to be waste. Interpretation In this local law, a reference to local government property includes a reference to any part of local government property. Assistance animals This local law is subject to any written law and any law of the Commonwealth about assistance animals as defined in section 9(2) of the Disability Discrimination Act 1992 (Commonwealth). Overriding power to hire and agree Despite anything to the contrary in this local law, an authorised person, on behalf of the local government, may— (a) hire local government property to any person; or (b) enter into an agreement with any person regarding the use of any local government property. DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY 2.1 Determinations as to use of local government property The Council 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. Procedure for making a determination (1) The local government is to give local public notice of the intention to make a determination. (2) The local public notice referred to in subclause (1) is to state that— (a) the Council 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 in accordance with subclause (2)(c), the Council is to decide to— (a) give local public notice that the proposed determination has effect as a determination on and from the date of publication; (b) amend the proposed determination, in which case subclause (5) is to apply; or (c) not continue with the proposed determination. (4) If submissions are received in accordance with subclause (2)(c), the Council is to— (a) consider those submissions; and (b) decide— (i) whether or not to amend the proposed determination; or (ii) whether or not to continue with the proposed determination. (5) If the Council decides to amend the proposed determination, local public notice is to be given— (a) of the effect of the amendments; and (b) that the proposed determination has effect as a determination on and from the date of publication. (6) If the Council decides not to amend the proposed determination, local public notice is to be given that the proposed determination has effect as a determination on and from the date of publication. (7) A proposed determination is to have effect as a determination on and from the date of publication of the local public notice referred to in subclauses (3), (5) and (6). (8) A decision under subclause (3) or (4) is not to be delegated by the Council. Discretion to erect sign The local government may erect a sign on local government property to give notice of the effect of a determination which applies to that property. Determination to be complied with