LOCAL GOVERNMENT ACT 1995
CAT ACT 2011
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CAT LOCAL LAW 2022
LOCAL GOVERNMENT ACT 1995
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PARKING LOCAL LAW 2022
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31 October 2022 GOVERNMENT GAZETTE, WA 5031
LOCAL GOVERNMENT ACT 1995
CAT ACT 2011
SHIRE OF KOJONUP
CAT LOCAL LAW 2022
TABLE OF CONTENTS
CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Application
1.4 Definitions
PART 2—IMPOUNDING OF CATS
2.1 Impounded cats
PART 3—KEEPING OF CATS
3.1 Keeping of cats in non-residential zones
3.2 Limitation on the number of cats
3.3 Cats for which a permit is required
3.4 Permits not required
3.5 Application for permit
3.6 Decision on application
3.7 Factors relevant to determination of application
3.8 Cats creating a nuisance
3.9 Abandonment of cats
PART 4—PERMITS FOR KEEPING OF CATS
4.1 Conditions applicable to all permits
4.2 Additional conditions for other than cat management facility
4.3 Additional conditions for cat management facility
4.4 Additional conditions for approved cat breeders
4.5 Duration of permit
4.6 Permit not transferable
4.7 Renewal of permit
4.8 Revocation of permits
PART 5—CATS IN PUBLIC PLACES
5.1 Places where cats are prohibited absolutely
PART 6—MISCELLANEOUS
6.1 Fees and charges
6.2 Giving of a notice
6.3 Objection and appeal rights
PART 7—ENFORCEMENT
7.1 Offences
7.2 General penalty
7.3 Modified penalties
7.4 Issue of infringement notice
7.5 Withdrawal of infringement notice
5032 GOVERNMENT GAZETTE, WA 31 October 2022
Schedule 1—Application for a licence for cat management facility or cat breeder
Schedule 2—Conditions of a permit for an approved cat management facility
Schedule 3—Modified penalties
Schedule 4—Cat prohibited areas
31 October 2022 GOVERNMENT GAZETTE, WA 5033
LOCAL GOVERNMENT ACT 1995
CAT ACT 2011
SHIRE OF KOJONUP
CAT LOCAL LAW 2022
Under the powers conferred by the Local Government Act 1995 and the Cat Act 2011 and under all
other powers enabling it, the Council of the Shire of Kojonup resolved on the 21st day of June 2022 to
make the following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Shire of Kojonup Cat Local Law 2022.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government Gazette.
1.3 Application
This local law applies throughout the district.
1.4 Definitions
In this local law unless the context otherwise requires—
Act means the Cat Act 2011;
Applicant means the occupier of premises who makes application for a permit under this local
law;
Approved cat breeder has the meaning given to it by section 3(1) of the Act;
Cat has the meaning given to it by section 3(1) of the Act; but does not include the young of a cat
normally kept on the premises less than 6 months old;
Cat management facility has the meaning given to it by section 3(1) of the Act, and includes a
cattery;
Cattery means any premises where more than two cats are boarded, housed or trained temporarily,
usually for profit, and where the occupier of the premises is not the ordinary keeper of the cats;
Commercial lot means a lot zoned under a local planning scheme as—
(a) central business; or
(b) service commercial,
CEO means the Chief Executive Officer of the local government;
Council means the Council of the local government;
District means the district of the local government;
Effective control in relation to a cat means any of the following methods—
(a) held by a person who is capable of controlling the cat;
(b) securely tethered;
(c) secured in a cage; or
(d) any other means of preventing escape.
Enclosed public space means a public place which is enclosed by walls, whether solid materials
or glass, and includes attached or adjoining areas not permitted to the public, unless airflow
between the areas is prevented, but does not include a cat management facility or veterinary
clinic or hospital; industrial lot means a lot zoned under a local planning scheme as industry;
Keeper in relation to a cat means any of the following persons—
(a) the owner of the cat as defined in the Act;
(b) a person by whom the cat is ordinarily kept;
(c) a person who has or appears to have immediate custody or control of the cat;
(d) a person who keeps the cat, or has the cat in her or his possession for the time being;
(e) a person who occupies any premises in which a cat is ordinarily kept or ordinarily
permitted to live;
(f) a permit holder of a permit which relates to the cat;
(g) the holder of an exemption issued in relation to the cat;
Local Government means the Shire of Kojonup;
Local planning scheme means a planning scheme of the local government made under the
Planning and Development Act 2005;
Local public notice has the meaning given to it by section 1.7 of the Local Government Act 1995;
5034 GOVERNMENT GAZETTE, WA 31 October 2022
Permit means a permit issued by the local government under clause 3.5 of this local law;
Permit holder means a person who holds a valid permit granted under this local law;
Premises includes the following—
(a) land, whether or not vacant;
(b) the whole or part of a building or structure whether of a permanent or temporary nature;
and
(c) a vehicle.
Public place has the meaning given to it by section 3(1) of the Act;
RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western
Australia;
Schedule means a schedule to this local law;
Set fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of
the Local Government Act 1995.
PART 2—IMPOUNDING OF CATS
2.1 Impounded cats
(1) The local government may determine from time to time—
(a) the times when a cat management facility will be open for the reception and release of cats;
(b) times for the sale of cats from the cat management facility; and—
(2) The local government is to keep a proper record of impounded cats.
(3) The record is to contain the following information about each impounded cat—
(a) if known the breed and sex of the cat;
(b) the colour, distinguishing markings and features of the cat;
(c) if known, the name and address of the owner;
(d) the date and time of seizure and impounding;
(e) the name and address of the authorised person who impounded the cat and, if applicable, the
person who delivered a cat for impounding;
(f) the reason for the impounding;
(g) a note of any order made by an authorised person relating to the cat; and
(h) the date of the sale, release or destruction of the cat.
(4) The record is to be available for inspection by the public.
(5) A person shall not—
(a) unless the person is the owner of the cat management facility, or an authorised person, release
or attempt to release a cat from a cat management facility;
(b) destroy, break into, damage or in any other way interfere with or render not cat proof a cat
management facility; or
(c) destroy, break into, damage, or in any other way interfere with any container used for the
purpose of catching, holding or conveying cats which have been seized.
(6) A cat must not be release to a person until the person obtains the necessary permit or the cat is
registered where—
(a) a person wishes to reclaim a cat within the period stated in a notice of impounding; and
(b) a permit is required for the keeping of the cat, but the person does not have the necessary
permit and/or the cat is not registered.
PART 3—KEEPING OF CATS
3.1 Keeping of cats in non-residential zones
The keeping of cats is not permitted on a commercial or industrial lot unless—
(a) associated with an occupied attached residence or caretaker’s residence; or
(b) is an approved cat management facility.
3.2 Limitation on the number of cats
(1) This clause does not apply to premises which have been—
(a) Licensed under Part 4 of this local law as an approved cat breeder or cat management facility;
or
(b) granted an exemption under regulation 7 of the Cat (Uniform Local Provisions)
Regulations 2013.
(2) The standard number of cats which may be kept on any premises is, for the purpose of regulation 6
of the Cat (Uniform Local Provisions) Regulations 2013—
(a) two cats over the age of six months and the young of those cats under that age if the premises
are zoned other than for the purposes of general agriculture under a local planning scheme; or
31 October 2022 GOVERNMENT GAZETTE, WA 5035
(b) four cats over the age of six months and the young of those cats under that age if the premises
are zoned for the purposes of general agriculture under a local planning scheme.
3.3 Cats for which a permit is required
Subject to clause 3.4 an occupier is required to have a permit to—
(a) keep more than two cats over the age of six months and the young of those cats under that age
if the premises are zoned other than for the purposes of general agriculture under a local
planning scheme;
(b) keep more than four cats over the age of six months and the young of those cats under that age
if the premises are zoned for the purposes of general agriculture under a local planning scheme.
(c) use any premises as a cat management facility; or
(d) be an approved cat breeder.
3.4 Permits not required
A permit is not required under clause 3.3 if the premises concerned are—
(a) a refuge of the RSPCA or of any other animal welfare organisation;
(b) a veterinary surgery;
(c) a pet shop;
(d) premises with two or less cats; or
(e) the subject of an exemption granted by the local government.
3.5 Application for permit
An application for a permit under clause 3.3 shall be—
(a) made by an occupier of the premises where the cats are to be kept;
(b) if for a cat management facility, in the form of Schedule 1 and accompanied by the plans of the
premises to which the application relates to the satisfaction of the local government;
(c) if for a cat breeder, in the form of Schedule 1;
(d) accompanied by the consent in writing of the owner of the premises, where the occupier is not
the premises to which the application relates; and
(e) accompanied by the set fee.
3.6 Decision on application
(1) The local government may, upon payment of the set fee—
(a) approve an application for a permit subject to the conditions outlined in clauses 4.1, 4.2, 4.3 or
4.4; or
(b) refuse to approve an application for a permit.
(2) If the local government approves an application under subclause (1), then it shall issue to the
applicant approval in writing.
(3) If the local government refuses to approve an application under subclause (1), then it is to advise
the applicant accordingly in writing.
3.7 Factors relevant to determination of application
(1) In determining an application for a permit the local government may have regard to—
(a) the physical suitability of the premises for the proposed use;
(b) the suitability of the local planning scheme zoning of the premises for the proposed use;
(c) the environmental sensitivity and general nature of the location surrounding the premises for
the proposed use;
(d) the structural suitability of any enclosure in which any cat is to be kept;
(e) the likelihood of a cat causing nuisance, inconvenience, or annoyance to the occupiers of
adjoining land;
(f) the likely effect on the amenity of the surrounding area of the proposed use;
(g) the likely effect on the local environment including any pollution or other environmental
damage which may be caused by the proposed use;
(h) any submissions received under subclause (2) within the time specified; and
(i) such other factors which the local government may consider to be relevant in the
circumstances of the particular case.
(2) The local government may require an applicant to—
(a) consult with adjoining landowners;
(b) advise the adjoining landowners that they may make submissions to the local government on
the application for the permit within 14 days of receiving that advice, before determining the
application for the permit; and
(c) give local public notice of the proposal.
3.8 Cats creating a nuisance
(1) The keeper of a cat shall not allow a cat to create a nuisance.
5036 GOVERNMENT GAZETTE, WA 31 October 2022
(2) Where, in the opinion of an authorised officer, a cat is creating a nuisance, the local government
may give written notice to the keeper of the cat requiring that person to abate the nuisance.
(3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in
force for the period specified by the local government on the notice or until the notice is withdrawn by
the local government.
(4) A person given a notice to abate the nuisance shall comply with the notice within the period specified
in the notice.
3.9 Abandonment of cats
The keeper of a cat shall not in any instance—
(a) abandon a cat; or
(b) leave a cat on premises while the premises are temporarily vacant, without daily arrangements
for the care and welfare of the cats.
PART 4—PERMITS FOR KEEPING OF CATS
4.1 Conditions applicable to all permits
(1) Every permit is issued subject to the following conditions—
(a) each cat kept on the premises to which the permit relates shall be registered under the Act;
(b) each cat shall be contained on the premises unless under the effective control of a person;
(c) the permit holder will provide adequate space for the exercise of the cats;
(d) the premises shall be maintained in good order and in a clean and sanitary condition; and
(e) such other conditions, as the local government considers appropriate.
(2) In addition to the conditions subject to which a permit is to be issued under subclause (1), a permit
may be issued subject to other conditions, as the local government considers appropriate.
4.2 Additional conditions for other than cat management facility
Where an application to keep more than two cats is approved under clause 3.6 for other than a cat
management facility, the following conditions apply—
(a) compliance with clause 4.1;
(b) In the case of a multiple dwelling, where there is no suitable dividing fence, the written consent
to the application for a permit of the occupier of the adjoining multiple dwellings has been
obtained; and
(c) Without the consent of the local government, the permit holder will not substitute or replace
any cat once that cat—
(i) dies; or
(ii) is permanently removed from the premises.
4.3 Additional conditions for cat management facility
(1) The local government may approve an application under clause 3.6 for a cat management facility
the following conditions apply—
(a) compliance with clause 4.1; and
(b) compliance with Schedule 2.
(2) In respect of a particular application for a permit, the local government may vary any of the
conditions contained in Schedule 2.
(3) A cat management facility may be inspected by an authorised officer to ensure compliance with the
conditions of the permit.
4.4 Additional conditions for approved cat breeders
(1) Where a permit is approved under clause 3.6 as an approved cat breeder the following conditions
apply—
(a) compliance with clause 4.1;
(b) compliance with clause 4.2;
(c) compliance with Schedule 2(4)(c) to (g) both inclusive;
(2) The fee for an approved cat breeder is as specified in Schedule 3 to the Cat Regulations 2012.
4.5 Duration of permit
Unless otherwise specified in a condition on a permit, a permit for a cat management facility or as an
approved cat breeder granted under clause 3.2(b) or (c), commences on the date of issue and is valid for
a period of 12 months from the date of issue unless and until—
(a) it is revoked; or
(b) the permit holder ceases to reside at the premises to which the permit relates.
4.6 Permit not transferable
A permit is not transferable either in relation to the permit holder or the premises.
31 October 2022 GOVERNMENT GAZETTE, WA 5037
4.7 Renewal of permit
(1) The local government may renew approval for a cat management facility or as an approved cat
breeder granted under clause 3.2(b) or (c) upon—
(a) payment of the set fee; and
(b) certification by the occupier that the circumstances of the original application are unchanged.
(2) Where circumstances of the original application have changed, the application for renewal is to be
considered an initial application.
4.8 Revocation of permits
(1) A permit may be revoked by the local government if there is a breach of any condition of that permit
or if the permit holder is convicted of a breach of any provision of this local law.
(2) On revocation of a permit the permit holder is to be taken to have forfeited any set fees paid in
respect of the permit.
PART 5—CATS IN PUBLIC PLACES
5.1 Cat prohibited areas
(1) A cat shall not be in the places specified in Schedule 4 at any time, whether or not under effective
control.
(2) If a cat is in a Cat Prohibited Area in contravention of subclause (1), then the owner of the cat
commits an offence unless the owner of the cat has first obtained written authorisation from the local
government.
PART 6—MISCELLANEOUS
6.1 Fees and charges
Set fees and charges are to be imposed and determined by the local government under sections 6.16 to
6.19 of the Local Government Act 1995.
6.2 Giving of a notice
A notice given under this local law may be given to a person—
(a) personally;
(b) by registered mail addressed to the person; or
(c) by leaving it for the person at her or his address.
6.3 Objection and appeal rights
Any person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a
permit, or by the refusal of the local government to grant a permit may object to or appeal against the
decision under Division 1 of Part 9 of the Local Government Act 1995.
PART 7—ENFORCEMENT
7.1 Offences
Any 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.
7.2 General penalty
Any person who commits an offence shall be liable, upon conviction, to a penalty 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.
7.3 Modified penalties
(1) An offence against a clause specified in Schedule 3 is a prescribed offence for the purposes of section
84 of the Act.
(2) The amount of the modified penalty for a prescribed offence is set out in the fourth column adjacent
to the clause in Schedule 3.
7.4 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 substantially in
the form of Form 6 of the Schedule 1 of the Cat Regulations 2012.
7.5 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 substantially in the form of Form 7 of the Schedule 1 of the Cat
Regulations 2012.
(2) A person authorised to issue an infringement notice under clause 7.4 cannot sign a notice of
withdrawal.
————
5038 GOVERNMENT GAZETTE, WA 31 October 2022
Schedule 1—Application for a licence for cat management facility or cat breeder
[cl. 3.5]
Shire of Kojonup
I/We (full name/s)—
Postal Address—
Telephone Number—
Mobile Number—
Fax Number—
Email address—
APPLY FOR A
LICENCE
Under clause 3.3(c) for cat management facility
Under clause 3.3(d) as cat breeder
Address of proposed
premises –
CAT MANAGEMENT FACILITY
For number of cats –
Attached are –
a site plan of the premises showing the location of the cat
management facility and all other buildings and structures
and fences;
plans and specifications of the proposed cat management
facility.
CAT BREEDER
For number of cats—
Breed of cats –
Attached are –
(a) copy of notice of proposed use to appear in newspaper; (if
required)
(b) copy of notice of proposed use to be given to adjoining
premises; (if required)
Signature of
applicant/s
Date –
NOTE—a licence will have effect for a period of 12 months if issued
OFFICE USE ONLY Application fee paid on—
Receipt No –
————
Schedule 2—Conditions of a permit for an approved cat management facility
[cl. 4.3]
Shire of Kojonup
An application for a permit for an approved cat management facility may be approved subject to the
following conditions—
(1) Compliance with the conditions of clause 4.1.
(2) Buildings and structures—
(a) All building enclosures must be structurally sound, have impervious flooring, be well lit and
ventilated and otherwise comply with all legislative requirements.
(b) There is to be a feed room, wash area, isolation cages and maternity section.
(c) Materials used in structures are to be approved by the local government.
(d) The internal surfaces of walls are to be smooth, free from cracks, crevices and other defects,
where possible.
(e) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to
corrosion and constructed to prevent the harbourage of vermin.
(f) Washing basins and running hot and cold water are to be available.
(g) The walls shall be rigid, impervious and structurally sound;
(h) The roof shall be constructed of approved impervious materials;
31 October 2022 GOVERNMENT GAZETTE, WA 5039
(i) All untreated external surfaces of cattery shall be well maintained and aesthetically suitable
as not to detract from the local environment and amenity.
(j) Each module and every part thereof shall not be at any less distance than nine metres from
the boundaries of the land in the occupation of the owner of the cat management facility;
(k) Each module and each yard and every part thereof shall be behind the house line.
(l) Any other matter which in the opinion of the local government is deemed necessary for
wellbeing of any person, or adjoining premises or the amenity of the area (or any part thereof).
(3) Walk-in modules and enclosures—
(a) Cats shall be housed in walk-in modules that include a sleeping compartment and an exercise
area or in colony pens.
(b) Walk-in modules must have a minimum floor area of 1.5 square metres and contain at least
two levels including raised sleeping quarters.
(i) This size is for one cat only and an additional one square metre floor space is required
for a second cat.
(ii) No more than two cats may be housed together in this type of accommodation.
(c) Cats may be multiple housed in colony pens.
(i) Each cat shall have a floor area of two square metres plus an individual sleeping area.
(ii) Only desexed compatible cats should be housed in this type of accommodation;
(d) The lowest internal height shall be at least 1.65 metres from the floor;
(e) Each yard shall be securely fenced and kept securely fenced with a fence not less than 1.65
metres in height constructed of galvanised iron, wood, galvanised link mesh or netting;
(f) All doors shall be provided with proper catches or means of fastening;
(g) The upper surface of the floor shall be set at least 75mm above the surface of the surrounding
ground and shall be constructed of granolithic cement finished to a smooth surface, it shall
have a fall of not less than 1 in 100.
(h) All modules and yards shall be surrounded by a drain which shall be properly laid, ventilated
and trapped, and all floor washings shall be disposed of in accordance with the Health
requirements of the local government; and
(i) The floor of any yard shall be established and maintained to ensure a safe and hygienic
environment.
(4) Management—
(a) Cats must be housed singly except in the case of compatible cats from the same household with
the written agreement of the keeper.
(b) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to
minimise disease.
(c) No sick or ailing cat is to be kept on the premises.
(d) The maximum number of cats to be kept on the premises stated on the permit is not to be
exceeded.
(e) An register is to be kept recording in respect of each cat or kitten, the—
(i) date of admission or birth if a kitten;
(ii) date of departure, sale or transfer;
(iii) breed, age, colour and sex;
(iv) the cat or kitten’s microchip number; and
(v) the name and residential address of the keeper;
(f) The register is to be made available for inspection on the request of an authorised person.
(g) Any other matter which in the opinion of the local government is deemed necessary for the
health and wellbeing of any cat, or person, or adjoining premises or the amenity of the area.
————
Schedule 3—Modified penalties
[cl.7.3]
Item Clause Nature of offence Modified
penalty
1 2.1(5)(a) Unauthorised release or attempted release of a cat 500
2 2.1(5)(b) Interference with a pound 500
3 2.1(5)(c) Interference with cage or container for seized cats 500
4 3.1 Keeping a cat in a non-residential zone 200
5 3.3(a) Keeping more than two cats without a permit 200
6 3.3(c) Failure to hold permit as a cat management facility 500
5040 GOVERNMENT GAZETTE, WA 31 October 2022
Item Clause Nature of offence Modified
penalty
7 3.3(d) Failure to hold permit as approved cat breeder 500
8 3.9(1) Cat creating a nuisance 200
9 3.9(4) Failure to comply with notice to abate a nuisance 200
10 2.1(5)(a) Unauthorised release or attempted release of a cat 500
11 2.1(5)(b) Interference with a pound 500
12 2.1(5)(c) Interference with cage or container for seized cats 500
13 3.1 Keeping a cat in a non-residential zone 200
14 3.3(a) Keeping more than two cats without a permit 200
15 3.3(b) Failure to hold permit as a cat management facility 500
16 3.3(c) Failure to hold permit as approved cat breeder 500
17 3.8(1) Cat creating a nuisance 200
18 3.8(4) Failure to comply with notice to abate a nuisance 200
19 3.9(a) Abandonment of a cat 500
20 3.9(b) Failure to make adequate arrangement while temporarily
absent 200
21 4.1 Failure to comply with conditions for all permits 200
22 4.2 Failure to comply with conditions of permit for other than a cat
management facility 200
23 4.3 Failure to comply with conditions of permit for cat
management facility 500
24 4.4 Failure to comply with conditions of permit for approved cat
breeder 500
25 5.2 Cat in a place where prohibited 200
26 7.1 All other offences not specified 200
————
Schedule 4—Cat prohibited areas
[Clause 5.1]
Places where cats are prohibited:
Common Name Physical Boundaries Description
Myrtle Benn Flora and Fauna
Sanctuary
Tunney Road—Solider Road All bushland within physical
boundaries
Farrar Nature Reserve Boyup Brook—Kojonup Road
Kojonup—Frankland Road
All bushland within physical
boundaries
————
Dated 21st of June 2022.
The common Seal of the Shire of Kojonup was affixed by authority of a resolution of the Council in the
presence of—
NED RADFORD, Shire President.
GRANT THOMPSON, Chief Executive Officer.
———————————
31 October 2022 GOVERNMENT GAZETTE, WA 5041
LOCAL GOVERNMENT ACT 1995
SHIRE OF KOJONUP
PARKING LOCAL LAW 2022
TABLE OF CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Application
1.4 Repeal
1.5 Definitions
PART 2—ADMINISTRATION
2.1 Powers of the local government
2.2 Thoroughfares under control of Commissioner of Main Roads
2.3 Parking not under the control of the local government
2.4 Classes of motor vehicles
PART 3—PARKING THROUGHOUT THE DISTRICT
DIVISION 1—DISTRICT GENERALLY
3.1 Application of Part 3
3.2 Parking for people with disabilities
3.3 Parking motor vehicle on a carriageway
3.4 Parking near a railway level crossing
3.5 Parking on reserves
3.6 General prohibitions on parking
3.7 Restrictions on parking in particular areas
3.8 Motor vehicles not to obstruct a thoroughfare or public place
3.9 Authorised person may order motor vehicle on thoroughfare to be moved
3.10 Suspension of parking limitations for urgent, essential or official duties
DIVISION 2—NO PARKING AND NO STOPPING
3.11 No parking
3.12 No stopping
3.13 Application of particular definitions
DIVISION 3—STOPPING IN PARTICULAR CIRCUMSTANCES
3.14 Stopping near an obstruction
3.15 Stopping on a bridge, etc.
3.16 Stopping on crests, curves, etc.
3.17 Stopping near a fire hydrant etc
3.18 Obstructing access to and from a path, driveway, etc.
DIVISION 4—SIGNS
3.19 Part of thoroughfare to which sign applies
3.20 Pre-existing signs
3.21 Signs must be complied with
3.22 Unauthorised signs and defacing of signs
3.23 General provisions about signs
DIVISION 5—ZONES FOR PARTICULAR MOTOR VEHICLES
3.24 Stopping in a loading zone
3.25 Stopping in a taxi zone or a bus zone
3.26 Stopping in a shared zone
3.27 Other limitations in zones
5042 GOVERNMENT GAZETTE, WA 31 October 2022
PART 4—PARKING IN BUILT-UP AREAS
DIVISION 1—BUILT-UP AREAS GENERALLY
4.1 Application of Part 4
4.2 No parking of motor vehicles exposed for sale and other circumstances
4.3 Parking on a carriageway with heavy and long motor vehicles
4.4 Double parking
4.5 Event Parking
DIVISION 2—PARKING BAYS, PARKING LANES, AND PARKING FACILITIES
4.6 Motor vehicles to be within parking bays or parking lanes on thoroughfare
4.7 Parking prohibitions and restrictions
4.8 Angle parking
DIVISION 3—STOPPING IN PARTICULAR CIRCUMSTANCES
4.9 Stopping at or near a bus stop
4.10 Stopping on a path, median strip, or traffic island
4.11 Stopping on verge
4.12 Stopping on a carriageway with motor cycle parking sign
4.13 Stopping on a carriageway with a bicycle sign
PART 5—PARKING IN TIMED ZONES
5.1 Application of Part 5
5.2 Timed parking
5.3 Authorised person may mark tyres
5.4 No movement of motor vehicles to avoid time limitation
PART 6—MISCELLANEOUS
6.1 Removal of notices on motor vehicle
6.2 Emergency and special purpose motor vehicles
6.3 Removal and impounding of motor vehicles
6.4 Notice to owner of motor vehicle involved in offence
PART 7—ENFORCEMENT
7.1 Legal proceedings
7.2 Offences
7.3 General penalty
7.4 Modified penalties
7.5 Issue of infringement notice
7.6 Withdrawal of infringement notice
Schedule 1—Notification of an impounded Motor Vehicle
Schedule 2—Infringement notice and notice requiring owner of motor vehicle to identify
motor vehicle
Schedule 3—Prescribed offences
31 October 2022 GOVERNMENT GAZETTE, WA 5043
LOCAL GOVERNMENT ACT 1995
SHIRE OF KOJONUP
PARKING LOCAL LAW 2022
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it,
the Council of the Shire of Kojonup resolved on the 21st day of June 2022 to make the following local
law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Shire of Kojonup Parking Local Law 2022.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government Gazette.
1.3 Application
This local law applies throughout the district.
1.4 Repeal
Nil.
1.5 Definitions
(1) In this local law unless the context otherwise requires—
Act means the Local Government Act 1995;
Authorised person means a person authorised by the local government to perform any of the
functions of an authorised person under this local law;
Authorised motor vehicle means a motor vehicle authorised by the local government, CEO,
authorised person or by any written law to stop or park on a thoroughfare or on a parking
facility;
Bicycle has the meaning given to it by the Code;
Bicycle path has the meaning given to it by the Code;
Built-up area means the areas under a local planning scheme, including both sides of
thoroughfares immediately adjoining, zoned as—
(a) central business;
(b) service commercial;
(c) residential; and
(d) rural townsite.
Bus stop has the meaning given to it by the Code;
Bus zone has the meaning given to it by the Code;
Caravan has the meaning given to it by section 5 of the Caravan Parks and Camping Grounds
Act 1995;
Carriageway has the meaning given to it by the Code;
Centre in relation to a carriageway, has the meaning given to it by the Code;
CEO means the Chief Executive Officer of the local government;
Children’s crossing has the meaning given to it by the Code;
Code means the Road Traffic Code 2000;
Commercial motor vehicle—
(a) means a motor vehicle constructed for the conveyance of goods or merchandise, or for the
conveyance of materials used in any trade, business, industry or work whatsoever, other
than a motor vehicle for the conveyance of passengers; and
(b) includes any motor vehicle that is designed primarily for the carriage of persons, but
which has been fitted or adapted for the conveyance of the goods, merchandise or
materials referred to, and is in fact used for that purpose;
Continuous dividing line has the meaning given to it in the Code;
Disability parking permit has the meaning given to it by the Local Government (Parking for
People with Disabilities) Regulations 2014;
Disabled parking bay means a part of a parking facility or carriageway which is identified or
marked by painted lines, symbols, inscriptions or signs as a bay for the parking of motor
vehicles driven by or carrying a disabled person;
District means the district of the local government;
Driver means any person driving or in control of a motor vehicle;
5044 GOVERNMENT GAZETTE, WA 31 October 2022
Edge line has the meaning given to it by the Code—
Emergency motor vehicle has the meaning given to it by the Code;
Footpath has the meaning given to it by the Code;
GVM or “gross motor vehicle mass” has the meaning given to it by the Road Traffic (Motor vehicles)
Act 2012;
Heavy motor vehicle has the meaning given to it by the Code;
Infringement notice means the notice referred to in clause 7.5;
Keep clear area means a portion of a carriageway that lies—
(a) between 2 consecutive signs inscribed with the words “KEEP CLEAR” and each with an
arrow pointing generally towards the other; or
(b) between a sign inscribed with the words “KEEP CLEAR” and whichever of the following
that lies in the general direction indicated by an arrow inscribed on the sign—
(i) the end of the carriageway; or
(ii) an area in which stopping is prohibited; or
(iii) the furthest point of “KEEP CLEAR” markings.
Keep clear marking has the meaning given to it by the Code;
Kerb means the constructed border or edge of the portion of a road paved for the use of vehicular
traffic where any constructed border exists at the edge of the paved road and whether any
footpath has been constructed or not;
level crossing has the meaning given to it by the Code;
loading zone has the meaning given to it by the Code;
local government means the Shire of Kojonup;
local planning scheme means a local planning scheme and includes any structure plan adopted
or approved by the local government made under the Planning and Development Act 2005;
Median strip has the meaning given to it by the Code;
Motor cycle has the meaning given to it by the Code;
Motor vehicle has the meaning given to it in the Road Traffic (Administration) Act 2012, but does
not include a motorised scooter; and
Motorised scooter has the meaning given to it by the Code, and includes a motorised wheelchair
that is designed so as to be not capable of a speed exceeding 10 km/h;
Nature strip has the meaning given to it in the Code
No parking area has the meaning given to it in the Code;
No parking sign means—
(a) a sign with the words “no parking” in red letters on a white background, or
(b) the letter “P” within a red annulus and a red diagonal line across it on a white
background;
No stopping area has the meaning given to it in the Code;
No stopping sign means a sign with—
(a) the words “no stopping” or “no standing” in red letters on a white background;
(b) the words “no stopping” or “no standing” in white letters on a red background; or
(c) the letter “S” within a red annulus and a red diagonal line across it on a white
background;
Notice of withdrawal means the notice referred to in clause 7.6(1).
Occupier has the meaning given to it in section 1.4 of the Act;
Owner where used in relation to—
(a) a motor vehicle licensed under the Road Traffic (Motor vehicles) Act 2012, means the
person in whose name the motor vehicle has been registered under the Road Traffic
(Motor vehicles) Act 2012;
(b) any other motor vehicle, means the person who owns, or is entitled to possession of that
motor vehicle; and
(c) land, has the meaning given to it in section 1.4 of the Act;
Park has the meaning given to it by the Code;
Parking area has the meaning given to it by the Code;
Parking bay and Parking lane means a section or part of a thoroughfare or of a parking station
which is marked or defined by painted lines, metallic studs, coloured bricks or pavers or similar
devices for the purpose of indicating where a motor vehicle may be parked;
Parking control sign has the meaning given to it by the Code;
Parking facilities includes—
(a) land, buildings, shelters, places, parking bays, parking lanes and other facilities open to
the public generally for the parking of motor vehicles with or without charge; and
(b) signs, notices and facilities used in connection with the parking of motor vehicles;
31 October 2022 GOVERNMENT GAZETTE, WA 5045
Path has the meaning given to it in the Code;
Pedestrian crossing has the meaning given to it by the Code;
Public bus has the meaning given to it by the Code, and includes a school bus in the performance
of its duties;
Public place means any place to which the public has access whether or not that place is on private
property;
Reserve means any land—
(a) which belongs to the local government;
(b) of which the local government is the management body under the Land Administration
Act 1997; or
(c) which is an otherwise unvested facility within section 3.53 of the Land Administration
Act 1997;
Right of way means a thoroughfare separating two portions of land by a public reserve, road,
laneway, pedestrian access way, and includes the access leg of a battle-axe lot or the equivalent
not more than 6m in width;
Road includes a highway, road, lane, thoroughfare, carriageway or similar place, or part thereof,
which is within the parking region of the local government, which the public are allowed to use
and includes every part of the highway, lane, thoroughfare or similar place and other things
including bridges and culverts appurtenant there to and includes all of the land lying between
the property lines including the road verge and footpath;
Schedule means a Schedule to this local law;
School bus means a motor vehicle that is used solely or principally for the carriage of children to
and from school, and is equipped to seat 8 or more persons, including the driver;
Shared zone has the meaning given to it by the Code;
Sign includes a parking control sign or other sign, inscription, road marking, painted line, mark,
structure or other device or method approved by the local government on which may be shown
words, numbers, expressions or symbols, and which is placed on or near a thoroughfare or
within a parking facilities or reserve for the purpose of prohibiting, regulating, guiding,
directing or restricting the stopping and parking of motor vehicles;
Special purpose motor vehicle has the meaning given to it by the Code;
Stop in relation to a motor vehicle, has the meaning given to it by the Code;
Symbol includes any symbol specified from time to time by Standards Australia for use in the
regulation of parking and any reference to the wording of any sign in this local law shall be
also deemed to include a reference to the corresponding symbol;
Taxi has the meaning given to it by the Code;
Taxi zone has the meaning given to it by the Code;
Thoroughfare has the meaning given to it in section 1.4 of the Act;
Traffic island has the meaning given to it by the Code;
Trailer has the meaning given to it by the Code;
Verge” has the same meaning as nature strip.
(2) Unless the context otherwise requires, where a term is used, but not defined, in this local law, and
that term is defined in the Road Traffic Act 1974, the Road Traffic (Administration) Act 2013, the Road
Traffic (Motor vehicles) Act 2012 or in the Code, then the term shall have the meaning given to it in
that Act or the Code.
PART 2—ADMINISTRATION
2.1 Powers of the local government
(1) The local government may, by resolution, prohibit or regulate by signs or otherwise, including but
not limited to—
(a) the stopping or parking of any motor vehicle or any class of motor vehicles;
(b) parking bays;
(c) parking facilities;
(d) permitted time and conditions of parking in parking bays and parking facilities which may
vary with the locality;
(e) permitted classes of motor vehicles which may park in parking bays and parking facilities;
(f) permitted classes of persons who may park in specified parking bays or parking facilities; and
(g) the manner of parking in parking bays and parking facilities.
(2) Where the local government makes a resolution under this clause, it shall erect signs to give effect
to the determination or resolution
2.2 Thoroughfares under control of Commissioner of Main Roads
(1) Subject to subclause 2, this local law does not apply to—
(a) the approach and departure prohibition areas of all existing and future traffic control signal
installations as determined by the Commissioner of Main Roads;
5046 GOVERNMENT GAZETTE, WA 31 October 2022
(b) prohibition areas applicable to all existing and future bridges and subways as determined by
the Commissioner of Main Roads; and
(c) any road which comes under the control of the Commissioner of Main Roads.
(2) Upon request of the local government, the control of parking and parking facilities on a thoroughfare
under the control of the Commissioner of Main Roads may be delegated by the Commissioner of Main
Roads to the local government
2.3 Parking not under the control of the local government
(1) This local law does not apply to a parking bay, parking lane or parking facility that is not occupied,
managed or controlled by the local government, unless the local government and the owner or occupier
of that land or facility have agreed in writing that this local law will apply to that land or facility.
(2) The agreement referred to in subclause (1) may be made on such terms and conditions as the parties
may agree.
2.4 Classes of motor vehicles
For the purpose of this local law, motor vehicles are divided into the following classes—
(a) public buses and school buses;
(b) commercial motor vehicles;
(c) motorcycles and bicycles;
(d) taxis; and
(e) all other motor vehicles.
PART 3—PARKING THROUGHOUT THE DISTRICT
DIVISION 1—DISTRICT GENERALLY
3.1 Application of Part 3
(1) This Part applies to the whole of the district.
(2) This Part is subject to the provisions of Part 4 which may override those of this Part.
(3) This Part is further subject to the provisions of Part 5 which may override those of Part 4 or this
Part.
3.2 Parking for people with disabilities
For avoidance of doubt, and notwithstanding clause 2.3(1), the provisions of the Local Government
(Parking for People with Disabilities) Regulations 2014, apply throughout the district to all parking
bays, parking lanes or parking facilities, whether under the control of the local government or not,
which are a public place.
3.3 Parking motor vehicle on a carriageway
(1) A person parking a motor vehicle on a carriageway other than in a parking bay shall park it—
(a) in the case of a two-way carriageway, so that it is as near as practicable to and parallel with,
the left boundary of the carriageway and headed in the direction of the movement of traffic on
the side of the thoroughfare on which the motor vehicle is parked;
(b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with
either boundary of the carriageway and headed in the direction of the movement of traffic on
the side of the thoroughfare on which the motor vehicle is parked;
(c) so that at least 3 metres of the width of the carriageway lies between—
(i) the motor vehicle and the farther boundary of the carriageway, any continuous dividing
line or median strip, or
(ii) between the motor vehicle and a motor vehicle parked on the farther side of the
carriageway;
(d) so that the front and the rear of the motor vehicle respectively is not less than 1 metre from
any other motor vehicle, except a motorcycle without a trailer, or a bicycle parked in accordance
with this local law; and
(e) so that it does not obstruct any motor vehicle on the carriageway.
3.4 Parking near a railway level crossing
A person shall not park a motor vehicle so that any portion of the motor vehicle is within 20 metres of
either the approach side or the departure side of the nearest rail of a railway level crossing.
3.5 Parking on reserves
No person other than an employee of the local government in the course of his or her duties or a person
authorised by the local government shall drive or park a motor vehicle upon or over any portion of a
reserve other than upon an area specifically set aside for that purpose.
3.6 General prohibitions on parking
(1) This clause does not apply to a motor vehicle parked in a parking bay nor to a bicycle in a bicycle
rack.
(2) Subclauses (3)(c), (e) and (g) do not apply to a public bus which parks in a bus zone.
31 October 2022 GOVERNMENT GAZETTE, WA 5047
(3) Subject to any law relating to intersections with traffic control signals a person shall not park a
motor vehicle so that any portion of the motor vehicle is—
(a) between any other stationary motor vehicles and the centre of the carriageway;
(b) on or adjacent to a median strip;
(c) obstructing a right of way, private drive or carriageway or so close as to deny a motor vehicle
reasonable access to or egress from the right of way, private drive or carriageway;
(d) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the
carriageway, if the motor vehicle would obstruct traffic;
(e) on or within 10 metres of any portion of a carriageway bounded by a traffic island;
(f) on any footpath, children’s crossing or pedestrian crossing;
(g) between the boundaries of a carriageway and any double longitudinal line consisting of two
continuous dividing lines or between a double longitudinal line consisting of a continuous
dividing line and a broken or dotted line and the boundary of a carriageway nearer to the
continuous dividing line, unless there is a distance of at least 3 metres clear between the motor
vehicle and the double longitudinal line;
(h) on an intersection, except adjacent to a carriageway boundary that is not broken by an
intersecting carriageway;
(i) within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of
a fire hydrant or fire plug;
(j) within 10 metres of the nearer property line of any thoroughfare intersecting the thoroughfare
on the side on which the motor vehicle is parked, unless a sign or markings on the carriageway
indicate otherwise.
(4) A person shall not park a motor vehicle so that any portion of the motor vehicle is within 20 metres
of the approach side or within 10 metres of the departure side of—
(a) a sign inscribed with the words “Bus Stop” or “Hail Bus Here” (or with equivalent symbols
depicting these purposes) unless the motor vehicle is a public bus stopped to take up or set
down passengers;
or
(b) a children’s crossing or pedestrian crossing.
3.7 Restrictions on parking in particular areas
(1) Subject to subclause (2), a person shall not park a motor vehicle in a thoroughfare, part of a
thoroughfare, or part of a parking facility—
(a) if by a sign it is set apart for the parking of motor vehicles of a different class;
(b) if by a sign it is set apart for the parking of motor vehicles by persons of a different class; or
(c) during any period when the parking of motor vehicles is prohibited by a sign.
(2) The driver may park a motor vehicle in a thoroughfare or a part of a thoroughfare or part of a
parking facility, except in a thoroughfare or a part of a thoroughfare or part of a parking facility to
which a disabled parking sign relates for twice the period indicated on the sign, if—
(a) the driver’s motor vehicle displays a valid disability parking permit sticker; and
(b) a disabled person to which the valid disability parking permit relates is either the driver of
motor vehicle
(3) A person shall not park a motor vehicle in a bay marked “M/C” unless it is a motorcycle without a
sidecar or a trailer, or it is a bicycle.
(4) A person shall not, without the prior permission of the local government, the CEO, or an authorised
person, park a motor vehicle in an area designated by a sign stating “Authorised Motor vehicles Only”.
3.8 Motor vehicles not to obstruct a thoroughfare or public place
A person shall not leave a motor vehicle, or any part of a motor vehicle, in a thoroughfare or public
place including a right of way, so that it obstructs the use of any part of that thoroughfare or public
place without the permission of the local government or unless authorised under any written law.
3.9 Authorised person may order motor vehicle on thoroughfare to be moved
The driver of a motor vehicle shall not park that motor vehicle on any part of a thoroughfare in
contravention of this local law after an authorised person has directed the driver to move it.
3.10 Suspension of parking limitations for urgent, essential or official duties
(1) Where by a sign the parking of motor vehicles is permitted for a limited time on a portion of a
thoroughfare or parking facility, the local government, the CEO or an authorised person may, subject
to the Code, permit a person to park a motor vehicle in that portion of the thoroughfare or parking
facility for longer than the permitted time in order that the person may carry out urgent, essential or
official duties.
(2) Where permission is granted under subclause (1), the local government, the CEO or an authorised
person may prohibit the use by any other motor vehicle of that portion of the thoroughfare or parking
facility to which the permission relates, for the duration of that permission.
5048 GOVERNMENT GAZETTE, WA 31 October 2022
DIVISION 2—NO PARKING AND NO STOPPING
3.11 No parking
A driver shall not stop on a length of carriageway or in an area to which a “no parking” sign applies,
unless the driver is—
(a) is dropping off, or picking up, passengers or goods;
(b) remains within three metres of the motor vehicle at all times; and
(c) completes the dropping off, or picking up, of the passengers or goods within two minutes of
stopping and drives on.
3.12 No stopping
(1) A driver shall not stop on a length of carriageway, or in an area, to which a “no stopping” sign applies
or in a “keep clear area”.
(2) A driver must not stop at the side of a carriageway marked with a continuous yellow edge line.
3.13 Application of particular definitions
For the purposes of the application of clause 3.11 and clause 3.12 an arrow inscribed on a sign erected
at an angle to the carriageway is deemed to be pointing in the direction in which it would point, if the
signs were turned at an angle of less than 90 degrees until parallel with the carriageway.
DIVISION 3—STOPPING IN PARTICULAR CIRCUMSTANCES
3.14 Stopping near an obstruction
A driver shall not stop on a carriageway near an obstruction on the carriageway in a position that
further obstructs traffic on the carriageway.
3.15 Stopping on a bridge, etc.
A driver shall not stop a motor vehicle on a bridge, causeway, ramp or similar structure unless—
(a) the carriageway is at least as wide on the structure as it is on each of the approaches and a
parking control sign does not prohibit stopping or parking; or
(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking control
sign applies and the driver is permitted to stop at that place under this local law.
3.16 Stopping on crests, curves, etc.
A driver shall not stop a motor vehicle on, or partly on, a carriageway, in any position where it is not
visible to the driver of an overtaking motor vehicle, from a distance of 50 metres within a built-up area,
and from a distance of 150 metres outside a built-up area.
3.17 Stopping near a fire hydrant etc
A driver shall not stop a motor vehicle so that any portion of the motor vehicle is within one metre of a
fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug,
unless—
(a) the driver is driving a public bus, and the driver stops in a bus zone or at a bus stop and remains
within three metres of the motor vehicle at all times; or
(b) the driver is driving a taxi, and the driver stops in a taxi zone and remains within three metres
of the motor vehicle at all times.
3.18 Obstructing access to and from a path, driveway, etc.
A driver shall not stop a motor vehicle so that any portion of the motor vehicle is in front—
(a) of a path, in a position that obstructs access by motor vehicles or pedestrians to or from that
path;
(b) on or across a driveway or other way of access for motor vehicles travelling to or from adjacent
land; unless—
(c) the driver is dropping off, or picking up, passengers; or
(d) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under
this local law.
DIVISION 4—SIGNS
3.19 Part of thoroughfare to which sign applies
Where under this local law the parking of motor vehicles in a thoroughfare is controlled by a sign, the
sign shall be read as applying to that part of the thoroughfare which—
(a) lies beyond the sign;
(b) lies between the sign and the next sign beyond that sign; and
(c) is on that side of the thoroughfare nearest to the sign.
3.20 Pre-existing signs
(1) A sign is deemed for the purposes of this local law to have been erected by the local government
under the authority of this local law that where that sign—
(a) was erected by the local government or the Commissioner of Main Roads prior to the coming
into operation of this local law; and
(b) relates to the parking of motor vehicles within the district,
31 October 2022 GOVERNMENT GAZETTE, WA 5049
(2) An inscription, word, number, expression or symbol on a sign referred to in subclause (1) operates
and has effect according to its tenor, and where the inscription, word, number, expression or symbol
relates to the stopping of motor vehicles, it is to be deemed for the purposes of this local law to operate
and have effect as if it related to the parking of motor vehicles.
3.21 Signs must be complied with
An inscription or symbol on a sign operates and has effect according to its tenor and a person
contravening the direction on a sign commits an offence under this local law.
3.22 Unauthorised signs and defacing of signs
A person shall not without the authority of the local government—
(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or exhibited
by the local government under this local law;
(b) remove, deface or misuse a sign or property, set up or exhibited by the local government under
this local law or attempt to do any such act; or
(c) affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign set
up or exhibited by the local government under this local law.
3.23 General provisions about signs
(1) A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the absence
of evidence to the contrary presumed to be a sign marked, erected, set up, established or displayed
under the authority of this local law.
(2) The first three letters of any day of the week when used on a sign indicate that day of the week.
DIVISION 5—ZONES FOR PARTICULAR MOTOR VEHICLES
3.24 Stopping in a loading zone
A person shall not stop a motor vehicle in a loading zone unless it is—
(a) a motor vehicle used for commercial or trade purposes engaged in the picking up or setting
down of goods; or
(b) a motor vehicle that completes the dropping off or picking up of passengers within two minutes
of stopping and then drives on,
however, in any event, shall not remain in that loading zone—
(c) for longer than a time indicated on the “loading zone” sign; or
(d) longer than 30 minutes, if no time is indicated on the sign.
3.25 Stopping in a taxi zone or a bus zone
(1) A driver shall not stop in a taxi zone, unless the driver is driving a taxi.
(2) A driver shall not stop in a bus zone unless the driver is driving a public bus or a school bus.
3.26 Stopping in a shared zone
A driver shall not stop in a shared zone unless—
(1) the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign
applies and the driver is permitted to stop at that place under this local law;
(2) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under this
local law;
(3) the driver is dropping off, or picking up, passengers or goods; or
(4) the driver is engaged in door-to-door delivery or collection of goods, or in the collection of waste or
garbage.
3.27 Other limitations in zones
A person shall not stop a motor vehicle in a zone to which a sign applies if stopping the motor vehicle
would be contrary to any limitation in respect to classes of persons or motor vehicles, or specific
activities allowed, as indicated by additional words on a parking control sign that applies to the zone.
PART 4—PARKING IN BUILT-UP AREAS
DIVISION 1—BUILT-UP AREAS GENERALLY
4.1 Application of Part 4
(1) This Part applies to the built up areas of a built-up area.
(2) This Part overrides any inconsistent provisions of Part 3.
(3) This Part is subject to the provisions of Part 5 which may override those of this Part.
4.2 No parking of motor vehicles exposed for sale and other circumstances
A person shall not park a motor vehicle on any portion of a thoroughfare—
(a) for the purpose of exposing it for sale;
(b) if that motor vehicle is not licensed under the Road Traffic (Motor vehicles) Act 2012;
(c) if that motor vehicle is a trailer or a caravan unattached to a motor vehicle; or
5050 GOVERNMENT GAZETTE, WA 31 October 2022
(d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable
the motor vehicle to be moved to a place other than a thoroughfare.
4.3 Parking on a carriageway with heavy and long motor vehicles
(1) Unless engaged in the picking up or setting down of goods, a person shall not park on any part of a
carriageway for any period exceeding one hour, a motor vehicle or any combination of motor vehicles,
that together with any projection on, or load carried by, the motor vehicle or combination of motor
vehicles, is 7.5 metres or more in length or exceeds a GVM of 4.5 tonnes.
(2) Nothing in this clause affects the operation of any other clause in this local law or any other written
law relating to the parking or stopping of motor vehicles.
4.4 Double parking
(1) A driver shall not stop a motor vehicle so that any portion of the motor vehicle is between any other
stopped motor vehicle and the centre of the carriageway.
(2) This clause does not apply to—
(a) a driver stopped in traffic; or
(b) a driver angle parking on the side of the carriageway or in a median strip parking area, in
accordance with this local law.
4.5 Event Parking
(1) Subject to clause 2.1, a temporary sign may indicate that all or part of a parking facility,
thoroughfare or public place is set aside, during the period indicated in the sign, for the parking of
motor vehicles by persons attending a particular event.
(2) The local government may issue to a person a permit in respect of all or part of a parking facility,
thoroughfare or public place for an event referred to in subclause (1).
(3) A person must not park or stop a motor vehicle, or permit a motor vehicle to remain parked, in any
area that is set aside under subclause (1) unless the permit issued under subclause (2) for the relevant
event is displayed inside the motor vehicle so that it is clearly visible to an authorised person examining
the ticket from outside the motor vehicle.
DIVISION 2—PARKING BAYS, PARKING LANES, AND PARKING FACILITIES
4.6 Motor vehicles to be within parking bays or parking lanes on thoroughfare
(1) Subject to subclause (2) and (3), a person shall not park a motor vehicle in a parking bay in a
thoroughfare otherwise than—
(a) parallel to and as close to the kerb as is practicable;
(b) wholly within the parking bay or parking lane; and
(2) headed in the direction of the movement of traffic on the side of the thoroughfare in which the bay
is situated.
(3) If a motor vehicle is too long or too wide to fit completely within a single parking bay then the person
parking the motor vehicle shall do so within the minimum number of parking bays needed to park that
motor vehicle.
(4) A person shall not park a motor vehicle partly within and partly outside a parking area.
4.7 Parking prohibitions and restrictions
(1) A person shall not—
(a) park a motor vehicle so as to obstruct an entrance to, or an exit from parking facilities, or an
access way within parking facilities;
(b) except with the permission of the local government or an authorised person, park a motor
vehicle on any part of a parking facility contrary to a sign referring to that part;
(c) permit a motor vehicle to park in any part of parking facilities, if an authorised person directs
the driver of such motor vehicle to move the motor vehicle; or
(d) park or attempt to park a motor vehicle in a parking bay in which another motor vehicle is
parked, unless—
(i) parking of a motorcycle and a bicycle together in a bay marked “M/C”, and
(ii) the bicycle is parked in accordance with subclause (2).
(2) A person must not park a bicycle—
(a) in a parking bay other than in a bay marked for motorcycles only; and
(b) other than against the kerb.
(3) Notwithstanding the provisions of subclause (1)(b) a driver may park a motor vehicle in a bay or
facility (except in a parking area for people with disabilities) for twice the length of time allowed,
provided that—
(a) the driver’s motor vehicle displays a current disability parking permit; and
(b) a person with disabilities to which that disability parking permit relates is either the driver of
or a passenger in the motor vehicle.
4.8 Angle parking
(1) This clause does not apply to—
(a) a motor vehicle with a mass including any load, of over 4.5 tonnes; or
31 October 2022 GOVERNMENT GAZETTE, WA 5051
(b) a person parking either a motor cycle without a trailer or a bicycle.
(2) Where a sign associated with a parking area is inscribed with the words “angle parking”, or with an
equivalent symbol depicting this purpose, a person stopping or parking a motor vehicle stop or shall
park the motor vehicle at an angle and in the position indicated by the inscription on the parking sign
or by marks on the carriageway.
DIVISION 3—STOPPING IN PARTICULAR CIRCUMSTANCES
4.9 Stopping at or near a bus stop
A driver shall not stop a motor vehicle so that any portion of the motor vehicle is within 20 metres of
the approach side of a bus stop, or within 10m of the departure side of a bus stop, measured in the
direction of traffic movement on that portion of the thoroughfare, unless—
(a) the motor vehicle is a public bus stopped to take up or set down passengers; or
(b) the driver stops at a place on a length of carriageway, or in an area permitted by a parking
control sign.
4.10 Stopping on a path, median strip, or traffic island
The driver of a motor vehicle (other than a bicycle or an animal) shall not stop so that any portion of
the motor vehicle is on a path, traffic island or median strip, unless permitted by a parking control sign.
4.11 Stopping on verge
(1) A person shall not stop so that any portion of the following is on or projects over a verge—
(a) stop a motor vehicle (other than a bicycle);
(b) stop a commercial motor vehicle or any combination of motor vehicles that exceeds 4.5 tonnes
GVM, a public bus, a trailer or caravan unattached to a motor vehicle; or
(c) stop any motor vehicle (other than a bicycle) during any period when the stopping of motor
vehicles on that verge is prohibited by a sign adjacent and referable to that verge.
(2) Subclause (1)(a) does not apply to the person if he or she is the owner or occupier of the land adjacent
to that verge, or is a person authorised by the occupier of that land to stop the motor vehicle so that
any portion of it is on the verge.
(3) Subclause (1)(b) does not apply to a commercial motor vehicle or any motor vehicle with a GVM that
exceeds 4.5 tonnes when it is being loaded or unloaded with reasonable expedition with goods,
merchandise or materials collected from or delivered to the land adjacent to the portion of the verge on
which the motor vehicle is parked, provided no obstruction is caused to the passage of any motor vehicle
or person using a carriageway or a path.
4.12 Stopping on a carriageway with motor cycle parking sign
The driver of a motor vehicle shall not stop on a length of carriageway, or in an area, to which a
“motorcycle parking” sign applies, or an area marked “M/C” unless—
(a) the motor vehicle is a motor cycle; or
(b) the driver is dropping off, or picking up, passengers.
4.13 Stopping on a carriageway with a bicycle sign
Unless dropping off or picking up passengers, the driver of a motor vehicle (other than a bicycle) must
not stop on a length of carriageway to which any of the following apply—
(a) a “bicycle path” sign;
(b) a “bicycle parking” sign; or
(c) a “dual use path” or other sign indicating bicycles are permitted to use the path.
PART 5—PARKING IN TIMED ZONES
5.1 Application of Part 5
(1) This Part applies to timed parking zones.
(2) This Part overrides any inconsistent provisions of Part 3.
5.2 Timed Parking
(1) The local government, by resolution, may constitute any land, structure, section or part of a
thoroughfare or public reserve as a timed parking zone.
(2) In respect of timed parking zones the local government under subclause (1), may determine—
(a) the location of parking spaces within a parking zone;
(b) the permitted times and conditions of parking or stopping of a vehicle;
(c) the classes of vehicles permitted to park or stop;
(d) the classes of persons permitted to park or stop a vehicle; and
(e) the manner of parking or stopping a vehicle.
(3) A parking zone constituted under subclause (1) may be varied as to the land, structure, section or
part of a thoroughfare or public reserve which it comprises by the local government.
(4) Where the local government makes a determination under this clause, it shall erect signs to give
effect to this determination
5052 GOVERNMENT GAZETTE, WA 31 October 2022
5.3 Authorised person may mark tyres
(1) An authorised person may mark the tyres of a vehicle parked in a parking facility with chalk or any
other non-indelible substance for a purpose connected with or arising out of his or her duties or powers.
(2) A person shall not remove a mark made by an authorised person so that the purpose of the affixing
of such a mark is defeated or likely to be defeated.
5.4 No movement of motor vehicles to avoid time limitation
Where the parking of vehicles in a parking facility is permitted for a limited time, a person shall not
move a vehicle within the parking facility so that the total time of parking exceeds the maximum time
permitted, unless the vehicle has first been removed for at least 1 hour.
PART 6—MISCELLANEOUS
6.1 Removal of notices on motor vehicle
A person, other than the driver of the motor vehicle or a person acting under the direction of the driver
of the motor vehicle, shall not remove from the motor vehicle any notice put on the motor vehicle by an
authorised person.
6.2 Emergency and special purpose motor vehicles
Notwithstanding anything to the contrary in this local law, the driver of—
(a) an emergency motor vehicle may, in the course of their duties and when it is expedient and
safe to do so or where they believes that it is expedient and safe to do so, stop, or park the motor
vehicle at any place, at any time; and
(b) a special purpose motor vehicle may, only in the course of his or her duties and when it is
necessary and safe to do so, stop, or park the motor vehicle in any place, at any time.
6.3 Removal and impounding of motor vehicles
(1) The impounding of motor vehicles and other goods shall be carried out in accordance with Part
3 Division 3 Subdivision 4 of the Act and regulation 29 of the Local Government (Functions and
General) Regulations 1996.
(2) An employee authorised specifically for the purposes of section 3.39 of the Act and this clause may
remove and impound any motor vehicle that is involved in a contravention that can lead to impounding.
(3) A person authorised to impound a motor vehicle in accordance with subclause (2) may use reasonable
force to exercise the power given by that clause.
(4) The form of the notice referred to in section 3.42 of the Act is set out in Schedule 1.
6.4 Notice to owner of motor vehicle involved in offence
The owner of a motor vehicle may be required to identify the driver or person in charge of a motor
vehicle at the time when an offence is alleged to have been committed by sending a notice substantially
in the form of Form 1 of Schedule 1 of the Local Government (Functions and General) Regulations 1996.
PART 7—ENFORCEMENT
7.1 Legal proceedings
Evidentiary provisions relating to offences involving motor vehicles are contained in Division 3 of Part
9 of the Act.
7.2 Offences
A person who breaches a provision of this local law commits an offence.
7.3 General penalty
A person who commits an offence under this local law is liable, on conviction, to a penalty 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 the day during which the offence has continued.
7.4 Modified penalties
(1) The offences contained in the Schedule 3 are offences in relation to which a modified penalty may
be imposed.
(2) The amount appearing in the final column of Schedule 3 directly opposite a clause specified in that
Schedule is the modified penalty for an offence against that clause.
7.5 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 substantially in
the form of either—
(a) Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996; or
(b) Schedule 2 of this local law, in accordance with section 9.18 of the Act.
31 October 2022 GOVERNMENT GAZETTE, WA 5053
7.6 Withdrawal of infringement notice
(a) Whether or not the modified penalty has been paid, an authorised person may withdraw an
infringement notice by sending a notice substantially in the form of Form 3 of Schedule 1 of the
Local Government (Functions and General) Regulations 1996.
(b) A person authorised to issue an infringement notice under clause 7.5 cannot sign or send a
notice of withdrawal
————
Schedule 1—Notification of Impoundment of Motor vehicle
[cl. 6.3]
Shire of Kojonup
To (full name/s) –
Of (address) –
Department of Transport records indicate that you are the registered
owner of the motor vehicle detailed below and notice is hereby given that
the motor vehicle has been impounded in accordance with the provisions
of the Local Government Act 1995.
Make –
Model –
Registration –
Impounded from –
Positioned at/near –
Date impounded –
Time impounded –
The motor vehicle has been taken to a secure facility.
Facility address –
IT IS A REQUIREMENT THAT ALL PAYMENTS ARE RECEIVED
PRIOR TO THE RELEASE OF THE MOTOR VEHICLE.
Documentation required
–
The following must be produced before payment can be accepted and
release of the motor vehicle is permitted—
• Current Motor vehicle Registration Document.
• Drivers licence or other legal form of identification.
• Payment receipt (required for motor vehicle release at secure
facility).
Payment in person only
–
Chief Executive Officer
Shire of Kojonup, 93 Albany Highway KOJONUP Between—8.30am and
4.30pm Monday to Friday (except public holidays) Payments by cash,
cheque or EFTPOS.
The motor vehicle will then be available for release, by contacting the
Shire to make the necessary arrangements
Motor vehicle impound fee –
Additional days storage fee or part thereof
(1) Subject to clause 2 below, if your motor vehicle is not collected within 2 months after the date of
this notice the Shire may either—
(a) under section 3.46 of the Local Government Act 1995 refuse to allow the motor vehicle to be
collected until the Shire’s costs of removing and keeping the motor vehicle have been paid to
the Shire; or
(b) under section 3.47 of the Local Government Act 1995 sell or otherwise dispose of the motor
vehicle and credit the money received from that sale or disposal to the Shire’s Trust Fund
except to the extent required to meet the cost and expenses incurred by the Shire in
removing, impounding and selling of the motor vehicle.
(2) If the Local Government has made a declaration that in accordance with 3.40A(4) of the Local
Government Act 1995 the motor vehicle is an abandoned wreck then the motor vehicle may be
disposed of within 7 days of that declaration being made.
If you are convicted of an offence against this Local Law, section 3.48 of the Local Government
Act 1995 allows the Shire to recover from you its outstanding expenses incurred in the removing,
impounding and selling of the motor vehicle.
Take note – Unless all fees are paid for and the motor vehicle collected within 2
months from the date of impounding, the Shire may sell the subject
motor vehicle.
5054 GOVERNMENT GAZETTE, WA 31 October 2022
Authorised person—
Name
Signature
Title
Date issued –
————
31 October 2022 GOVERNMENT GAZETTE, WA 5055
Schedule 2—Infringement notice and notice requiring owner of motor vehicle to identify
motor vehicle
[cl. 7.5(b)]
Shire of Kojonup
INFRINGEMENT NUMBER
To (full name/s) –
Of (address) –
It is alleged that –
On (day) –
At (time) –
Your motor vehicle –
Make –
Model –
Registration –
As from
Was involved in the commission of the following offence –
Details of offence –
Contrary to –
Local Government (Parking for People with Disabilities)
Regulations 2014 –
Shire of Kojonup Parking Local Law 2022, clause –
The modified penalty item number is –
The modified penalty for the offence is – $
If you do not wish to have a complaint of the alleged offence heard and determined by a court, the
amount of the modified penalty may be paid within a period of 28 days after the giving of this notice
Unless within 28 days after being served with this notice—
(a) you pay the modified penalty; or
(b) you—
(i) inform the Chief Executive Officer or another authorised person at the Shire of
Kojonup as to the identity and address of the person who was the driver or person in
charge of the above motor vehicle at the time the offence is alleged to have been
committed; or
(ii) satisfy the Chief Executive Officer that the above motor vehicle had been stolen or was
being unlawfully used at the time the offence is alleged to have been committed, you
will, in the absence of proof to the contrary, be deemed to have committed the above
offence and court proceedings may be instituted against you.
IMPORTANT—if you do not pay the Modified penalty within 28 days, you may be prosecuted in a
court or enforcement action may be taken under the Fines, Penalties and Infringements Notices
Enforcement Act 1994. Under this Act, some or all of the following actions may be taken—your
driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be
disqualified from holding or obtaining a drivers licence or vehicle licence, your vehicle may be
immobilized or have its number plates removed, your details may be published on a website, your
earnings or your bank accounts may be garnished; and your property may be seized and sold. If the
matter is registered with the Registry, additional costs will also be payable. If you change your
address it is important that you advise us immediately. Failure to do so may result in your driver’s
licence or any vehicle licence you hold being suspended without your knowledge. If you need more
time to pay the modified penalty, you can apply for an extension of time by writing to the authorised
person at the below address:
In person or by mail to – Chief Executive Officer
Shire of Kojonup, 93 Albany Highway KOJONUP Between—8.30am and
4.30pm Monday to Friday (except public holidays) Payments by cash,
cheque or EFTPOS.
Electronic payment or
correspondence –
Refer website at www.Kojonup.wa.gov.au Quoting infringement number
enquiries@Kojonup.wa.gov.au
Authorised person—
Name
Signature
Title
Date issued –
————
5056 GOVERNMENT GAZETTE, WA 31 October 2022
Schedule 3—Prescribed offences
[cl. 7.4]
Item Clause Nature of offence
Modified
penalty
$
1 3.2 Unauthorised parking in a disabled parking space or
unauthorised display of a disability parking permit are dealt
with by the Local Government (Parking for People with
Disabilities) Regulations 2014
As per the
Regulations
2 3.3 Failure to park correctly on a carriageway without markings 50
3 3.4 Parking too close to a railway level crossing 100
4 3.5 Unauthorised parking on a reserve 50
5 3.6 Failure to comply with general prohibitions on parking 50
6 3.7 Failure to comply with restrictions on parking in particular
areas
50
7 3.8 Motor vehicle obstructing a thoroughfare or pubic place 100
8 3.9 Failure to comply with instruction of authorised person 100
9 3.10(1) Failure to obtain permission to park a motor vehicle other than
as provided by this local law 50
10 3.10(2) Failure to comply with conditions of suspension of parking
requirements 100
11 3.11 Failure to comply with “no parking” sign 50
12 3.12 Failure to comply with “no stopping” sign 50
13 3.14 Stopping near an obstruction 50
14 3.15 Stopping on a bridge etc 100
15 3.16 Stopping on crests/curves 100
16 3.17 Stopping near fire hydrant 50
17 3.18 Obstructing path, a driveway etc 50
18 3.21 Failure to comply with sign 50
19 3.22 Unauthorised placement, misuse or obstruction of a sign 100
20 3.24 Stopping unlawfully in a loading zone 50
21 3.25 Stopping unlawfully in a taxi or bus zone 50
22 3.26 Stopping in a shared zone 50
23 3.27 Stopping in a zone contrary to a sign 50
24 4.2 Parking of a motor vehicle on a verge for sale or repair, of if
unlicensed motor vehicle, unattached trailer or caravan. 50
25 4.3 Failure to comply with limitations on heavy and long motor
vehicles
100
26 4.4 Double parking 50
27 4.5(1) Failure to comply with event parking sign 50
28 4.5(3) Failure to display required event permit information 50
29 4.6 Failure to park with marked bay or lane 50
30 4.7(1) Creating an obstruction or incorrectly parked in a parking
facility
50
31 4.7(2) Incorrect parking of a bicycle in a parking facility 50
32 4.7(3) Unauthorised extended parking in a facility 50
33 4.8 Failure to comply with angle parking 50
34 4.9 Stopping at or near bus stop 50
35 4.10 Stopping on path, median strip or traffic island 50
36 4.11 Stopping on verge 50
37 4.12 Stopping in a motorcycle parking area 50
38 4.13 Stopping in a bicycle area 50
39 5.2 Failure to comply with timed parking sign 50
40 5.3(2) Unauthorised making or removal of mark 100
41 5.4 Moving motor vehicle to avoid time limitations 50
31 October 2022 GOVERNMENT GAZETTE, WA 5057
Item Clause Nature of offence
Modified
penalty
$
42 6.1 Removing notice from motor vehicle 100
43 6.2(b) Unauthorised parking of special purpose motor vehicle 50
44 All other offences not specified 50
————
Dated 21st of June 2022.
The common Seal of the Shire of Kojonup was affixed by authority of a resolution of the Council in the
presence of—
NED RADFORD, Shire President.
GRANT THOMPSON, Chief Executive Officer.
———————————