5328GOVERNMENT GAZETTE, WA 10 November 2022

5328 GOVERNMENT GAZETTE, WA 10 November 2022 (b) a crossover does exist, but the nature of the vehicles and their loads is such that they are likely to cause damage to the crossover. (2) The person responsible for the works in subclause (1) is to be taken to be— (a) the builder named on the building permit issued under the Building Act 2011, if one has been issued in relation to the works; or (b) the owner of the lot, if no building permit has been issued under the Building Act 2011 in relation to the works. (3) If the CEO or an authorised person approves an application for a licence for the purpose of subclause (1), the licence is taken to be issued on the condition that until such time as the temporary crossover is removed, the licence holder shall keep the temporary crossover in good repair and in such a condition so as not to create any danger or obstruction to persons using the thoroughfare. Removal of redundant crossover (1) Where works on a lot will result in a crossover no longer giving access to a lot, the crossover is to be removed and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the removal are to be reinstated to the satisfaction of an authorised person. (2) The CEO or an authorised person may give written notice to the owner or occupier of a lot requiring her or him within the period of time stated in the notice to— (a) remove any part of or all of a crossover which does not give access to the lot; and (b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may be affected by the removal. Crossovers in unsafe locations (1) Where a crossover is in an unsafe location, the local government may give notice to the owner or occupier to— (a) remove the crossover; or (b) make the crossover safe. (2) In determining whether the crossover is in an unsafe location, the local government shall have regard to— (a) any guidelines or advice Main Roads Western Australia sought or published from time to time; (b) the usage of the thoroughfare; and (c) alternative treatments available to make the crossover safe. (3) Any notice issued under subclause (1) is to give a minimum period of 28 days to remove or make the crossover safe, provided immediate measures are taken to advise users of the thoroughfare of the circumstances deemed unsafe. ACTIVITIES IN PUBLIC PLACES Leaving animal or vehicle in public place (1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place so that it obstructs the use of any part of that public place, unless that person has first obtained a licence or is authorised to do so under a written law. (2) A person does not contravene subclause (1) where the animal is secured or tethered for a period not exceeding 1 hour. (3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours. Prohibitions relating to animals (1) In this clause, owner in relation to an animal includes— (a) an owner of it; (b) a person in possession of it; (c) a person who has control of it; and (d) a person who ordinarily occupies the premises where the animal is permitted to stay. (2) An owner of an animal shall not— (a) allow the animal to enter or remain for any time on any public place except for the use of the public place as a thoroughfare and unless it is led, ridden or driven; (b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a public place; or (c) train or race the animal in a public place. (3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare, unless that person does so under a licence or under the authority of a written law.

10 November 2022 GOVERNMENT GAZETTE, WA 5329 TEMPORARY SIGNS Definitions In this Part, unless the context otherwise requires— advertising sign means a temporary sign or poster which advertises a business, products or services for commercial gain; election sign means a temporary sign or poster which advertises any aspect of a forthcoming Federal, State or local government election; event sign means a temporary sign or poster which advertises an event, function or activity; temporary sign means a sign used for the purpose of advertisement or notification, whether free standing or requiring to be affixed to a structure of any type, and includes— (a) a bill, poster and the like; (b) a banner or flag; (c) an advertising sign; (d) an event sign; (e) an election or political sign; and (f) a direction sign to a place or event. Any sign that is to be a permanent structure or fixture is to comply with— (a) the Building Code as defined in section 3 of the Building Regulations 2012; (b) any local planning scheme of the local government made under the Planning and Development Act 2005; and (c) any other written law regulating of signs within the district. Temporary signs (1) On local government property or in a thoroughfare, a person shall not, without a licence— (a) place a temporary sign; or (b) post any bill or paint, place or affix any advertisement. (2) Notwithstanding subclause (1), a licence is not required for a temporary sign that is— (a) otherwise compliant with clauses 8.5, 8.6, 8.7, 8.8 and 8.9; (b) placed flat against a wall or constructed fence for the full length and height of the sign; (c) for the purposes of a sporting, charitable or not for profit organisation; and (d) does not exceed a number of signs considered reasonable at the discretion of the CEO. Matters to be considered in determining application for licence In determining an application for a licence for the purpose of clause 8.3(1), matters the local government is to have regard to include— (a) any other written law regulating the construction or placement of signs within the district; (b) the dimensions of the sign; (c) whether or not the sign may create a hazard to persons using a thoroughfare; (d) other signs already approved or erected in the vicinity of the proposed location of the sign; (e) any other condition that may be imposed; and (f) the amount of the public liability insurance cover, if any, to be obtained by the applicant. Conditions for temporary signs Unless otherwise approved by the local government, temporary signs shall— (a) be portable and free-standing or temporarily affixed so as there is no resulting damage to any thing; (b) be secured in position in accordance with any requirements of the local government; (c) be placed so as not to impede or obstruct either vehicle or pedestrian traffic, or access to a place by any person; (d) be placed so as not to obstruct lines of sight for vehicle traffic; (e) not be unduly distracting, in the opinion of an authorised person, if illuminated or incorporating reflective or fluorescent materials; (f) not contain any offensive wording, symbols or images in the opinion of an authorised person; (g) not display only part of a message which is to be read with other separate signs in order to obtain the whole message; (h) be maintained in good condition; (i) be in compliance with any limitation of the number of signs notified in writing by the local government; and (j) unless flat against a wall or fence not exceed— (i) 0.75 square metres in area; and (ii) not exceed 750mm horizontally.