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4500 GOVERNMENT GAZETTE, WA 13 November 2018 (ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of 2000 millimetres along that part of the verge immediately adjacent to the kerb; (iii) it does not include a wall or built structure; and (iv) is not of a thorny, poisonous or hazardous nature; (c) subject to subclause (4), the installation of material which does not detract from the amenity of the area, including but not limited to— (i) bituminous surface or in-situ concrete, subject to reduction of area shedding of storm water or flooding; (ii) use of paving bricks or concrete slabs; and (iii) all forms of loose aggregate materials such as pebbles, stones and gravel, not larger than 50 millimetres and contained within the verge area at all times; and (d) any other treatment approved by the local government. (4) Where installation of material which would create a hard surface has been installed or is intended, an authorised person may by written notice, require— (i) a reduction of area covered or to be covered, if shedding of storm water or flooding is likely to cause a nuisance to neighbours or users of a thoroughfare; and (ii) an area of open space to a maximum of 1000 millimetres from the edge of a street trees. (5) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each to be taken to have installed and maintained that verge treatment for the purposes of this clause and clause 6.9. 6.8 Obligations of owner or occupier An owner or occupier who installs or maintains a permitted verge treatment must— (a) keep the permitted verge treatment in a good and tidy condition and, where the verge treatment is a garden or lawn, ensure that a footpath on the verge and a carriageway adjoining the verge is not obstructed by the verge treatment; (b) ensure that clear sight visibility is maintained at all times for a person using the abutting thoroughfare in the vicinity of an intersection or bend in a carriageway, or using a driveway on land adjacent to the thoroughfare for access to or from the thoroughfare; (c) not place any obstruction on or around the verge treatment; (d) not disturb a footpath on the verge; (e) ensure that the verge treatment does not damage or obstruct a drain, manhole, gulley, inspection pit, channel, kerb or tree planted by the local government; and (f) ensure that any sprinklers or pipes installed to irrigate a verge treatment— (i) do not protrude above the level of the lawn or verge treatment when not in use; (ii) are not used at such times so as to cause unreasonable inconvenience to pedestrians or other persons; and (iii) do not otherwise present a hazard to pedestrians or other persons. 6.9 Transitional provision former provisions means the provisions of the repealed local laws which permitted certain types of verge treatments, whether with or without the consent of the local government. (2) A verge treatment is to be taken to be a permitted verge treatment for so long as the verge treatment remains of the same type and continues to comply with the former provisions which— (a) was installed prior to the commencement day; and (b) on the commencement day is a type of verge treatment which was permitted under and complied with the former provisions. 6.10 Power to carry out public works on verge Where the local government or an authority empowered to do so under a written law disturbs a verge, the local government or the authority— (a) is not liable to compensate any person for that disturbance; (b) may backfill with sand, if necessary, any garden or lawn; and (c) is not liable to replace or restore any— (i) verge treatment and, in particular, any plant or any material or other hard surface; or (ii) sprinklers, pipes or other reticulation equipment. Division 3—Vehicle crossovers 6.11 Temporary crossovers (1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the lot, the person responsible for the works must obtain a licence for the construction of a temporary crossover to protect the existing carriageway, kerb, drains, footpath, existing materials and street trees, where— (a) a crossover does not exist; or

13 November 2018 GOVERNMENT GAZETTE, WA 4501 (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 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 licensee must 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. 6.12 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) An authorised person may give written notice to the owner or occupier of a lot requiring her or him 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, within the period of time stated in the notice, and the owner or occupier of the lot must comply with that notice. 6.13 Crossovers in unsafe locations (1) Where a crossover is in an unsafe location, Council 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, Council shall have regard to— (a) any guidelines or advice of 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 PLACESPART 7— 7.1 Leaving animal or vehicle in public place (1) A person must 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 one hour. (3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours. 7.2 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 and who has care and control of the animal. (2) An owner of an animal must 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. TEMPORARY SIGNS AND TRADE DISPLAYSPART 8— 8.1 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;