Shire of Kondinin Public Places and Local Government Property Local Law 2022
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Shire of Kondinin Public Places and Local Government Property Local Law 2022
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5330 GOVERNMENT GAZETTE, WA 10 November 2022 Prohibition on placement of temporary signs Unless otherwise approved by the local government a temporary sign shall not be placed— (a) on any natural feature, including a rock or tree, on local government property or a thoroughfare; and (b) on any bridge or the structural approaches to a bridge. Additional conditions for advertising signs Unless otherwise approved by the local government an advertising sign shall— (a) relate only to the business activity, or placed with the consent of the owner or occupier of the adjoining premises; and (b) be in place only during the hours of the business activity or the event being advertised. Additional conditions for event signs Unless otherwise approved by the local government an event sign shall— (a) relate only to the event, function or activity advertised; and (b) not be placed more than 42 days prior to the event, function or activity being advertised. Additional conditions for election signs An election sign shall not be erected until the election to which it relates has been officially announced. Removal of temporary signs (1) Unless otherwise specified a temporary sign is to be removed within 10 working days of the event or activity. (2) The local government may remove non-complying signs without notice and recover costs from the person placing the sign or named as beneficiary on the sign. SIGNS AND POWERS TO GIVE DIRECTIONS Signs installed by the local government (1) The local government may install a sign in public places specifying any conditions of use which apply to that public place, local government property or thoroughfare. (2) A person shall comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving notice of the effect of a provision of this local law. (4) Clause 2.5 does not apply to a sign referred to in subclause (1); Transitional provision Where a sign in a public place, on local government property or on a thoroughfare or has been erected under a repealed local law then, on and from the commencement day, it is to be taken to be a sign erected under clause 9.1 if— (a) the sign specifies a condition of use relating to the thoroughfare which gives notice of the effect of a provision of this local law; and (b) the condition of use specified is not inconsistent with any provision of this local law. Authorised person to be obeyed (1) A person on or in local government property that is given a lawful direction by the CEO or an authorised person shall comply with that direction. (2) A person shall not obstruct or hinder an authorised person in the performance of that person’s duties. Refusal of entry and removal (1) If the CEO or an authorised person reasonably suspects that a person is breaching, or has just breached, a provision of this local law or any other written law, the CEO or authorised person may— (a) refuse to allow that person to enter local government property; (b) if the person is on local government property, direct the person to leave the local government property; and (c) specify a period of up to 30 calendar days within which the person is not to re-enter the local government property. (2) A person who has been refused entry or who has been directed to leave under subclause (1) shall immediately leave the local government property quickly and peaceably. (3) If a person fails to comply with subclause (2), the CEO or an authorised person may remove the person, or arrange for the person to be removed, from the local government property. (4) The CEO or an authorised person may reduce the period specified in subclause (1)(c) on application of the person who has been directed not to re-enter local government property.
10 November 2022 GOVERNMENT GAZETTE, WA 5331 Disposal of lost property An article left on any local government property, and not claimed within a period of 3 months, may be disposed of by the CEO or an authorised person— (a) if the value of the property is reasonably believed to exceed the amount prescribed by regulation 30(3) of the Local Government (Functions and General) Regulations 1996, using the process under section 3.58 of the Act for the sale of the article as if it was property referred to in that section; (b) if the article is reasonably believed to be of a negligible or little value or likely to be of no interest to a not for profit body, in any manner he or she thinks fit; or (c) in any other case, by donation to a not for profit body incorporated under the Associations Incorporations Act 2015. LICENCES Division 1—Applying for a licence Application for licence (1) Where a person is required to obtain a licence under this local law, that person shall apply for the licence in accordance with subclause (2). (2) An application for a licence under this local law shall— (a) be in the form determined by the CEO or an authorised person; (b) be signed by the applicant; (c) provide the information required by the form; and (d) be forwarded to the local government together with any set fee. (3) The CEO or an authorised person may require an applicant to provide additional information reasonably related to an application before determining an application for a licence. (4) The CEO or an authorised person may require an applicant to give local public notice of the application for a licence. (5) The CEO or an authorised person may refuse to consider an application for a licence which is not in accordance with subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied. Decision on application for licence (1) The CEO or an authorised person may— (a) approve an application for a licence unconditionally or subject to any conditions; or (b) refuse to approve an application for a licence. (2) If the CEO or an authorised person approves an application for a licence, written notice of approval is to be issued to the applicant. (3) If an authorised person refuses to approve an application for a licence, written notice of that refusal is to be given to the applicant. (4) The CEO or an authorised person may, at any time, amend a condition of approval and the amended condition takes effect when written notice of it is given to the licence holder. General restrictions on grant of licence (1) The CEO or an authorised person shall not grant a licence if there are reasonable grounds for believing that the carrying on of the activity to which the application relates would constitute an unacceptable risk to the safety of the public. (2) The CEO or an authorised person shall not grant a licence unless satisfied that— (a) the applicant is capable of carrying on the activity in accordance with this local law and the terms and conditions of the licence; (b) the public place at which the activity is to be provided is suitable for that purpose; (c) a licence or similar authority granted or issued to the applicant has not been cancelled in the period of 5 years before the application is made; and (d) the applicant is a fit and proper person to carry on the activity. Amendment of licence (1) The CEO or an authorised person may, by written notice given to the licence holder, amend a licence— (a) imposing any new condition; or (b) change or remove any existing condition. (2) An amendment may be made on application made by the licence holder or on the initiative of the CEO or an authorised person. (3) An amendment will come into effect on the day that written notice is given to the licence holder, or some other date as specified in the notice. False or misleading statement A person shall not make a false or misleading statement in connection with an application in respect of a licence under this local law.