Shire of Narembeen Cemeteries Local Law 2020

16 June 2020 GOVERNMENT GAZETTE, WA 1635 CONTENTS

PART 2—ADMINISTRATION 2.1 Powers and functions of CEO 2.2 Plans 2.3 Grant of right of burial 2.4 Pre-need certificate 2.5 Board may enter into an agreement for maintenance

PART 3—APPLICATION FOR INTERMENT 3.1 Application for interment permit 3.2 Applications to be accompanied by certificates etc. 3.3 Certificate of identification 3.4 Minimum notice required 3.5 Refusal of application

PART 4—FUNERALS AND MEMORIAL SERVICES 4.1 Fixing times for interments 4.2 Memorial services or processions 4.3 Processions 4.4 Conduct of interments by the Board

PART 5—INTERMENTS 5.1 Requirements for burials 5.2 Requirements for preparation of graves 5.3 Requirements for dimensions of graves 5.4 Requirements for disposal of ashes 5.5 Requirements for re-opening a grave 5.6 Requirements for exhumation 5.7 Requirements for opening of coffin or removal of shroud 5.8 Ashes not to be held by the Board

PART 6—APPLICATIONS FOR MEMORIALS 6.1 Application to place memorial 6.2 Australian War Graves

1636 GOVERNMENT GAZETTE, WA 16 June 2020

PART 7—MEMORIALS PERMITTED 7.1 Limitation on dimensions of memorials 7.2 Specification for monument 7.3 Specification for headstone 7.4 Specification for memorial plaque base 7.5 Specification for memorial plaque 7.6 Specification for gravesite fencing 7.7 Display of trade names on memorials not allowed 7.8 Use of wood

PART 8—MEMORIALS AND OTHER WORK 8.1 Carrying out memorial work 8.2 Removal of sand, soil or loam 8.3 Removal of rubbish 8.4 Plants and trees 8.6 Placing of grave ornaments 8.7 Hours of work 8.8 Unfinished work

PART 9—GENERAL 9.1 Vehicle access and speed limitation 9.2 Animals 9.3 Utility services 9.4 Damaging and removing of objects 9.5 Withered flowers 9.6 Littering and vandalism 9.7 Advertising 9.8 Signs and directions of the Board 9.9 Removal from a cemetery 9.10 Board may close cemetery 9.11 Offensive matters 9.12 Liability for damage or works required to comply 9.13 Offence to fail to comply with notice 9.14 Board may undertake requirements of notice

PART 10—OFFENCES AND MODIFIED PENALTIES 10.1 General penalties 10.2 Modified penalties SCHEDULE 1—MODIFIED PENALTIES SCHEDULE 2—INFRINGEMENT NOTICE SCHEDULE 3—WITHDRAWAL OF INFRINGEMENT NOTICE

16 June 2020 GOVERNMENT GAZETTE, WA 1637 Under the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Narembeen resolved on 20th May 2020 to make the following local law. This local law may be cited as the Shire of Narembeen Cemeteries Local Law 2020. This local law applies to the Emu Hill Public Cemetery (Reserve 17062) located in the district. This local law repeals the Shire of Narembeen Public Cemetery By-Law as published in the Government Gazette on 16 March 1928 and as amended in the Government Gazette on 25 September 1981, 4 January 1985 and 11 January 1991. In this local law, unless the context otherwise requires— Act means the Cemeteries Act 1986; ashes means so much of the remains of a dead body after the due processes of cremation as may be contained in a standard sized cremation urn; authorised person means a person— (a) appointed by the Board for the purposes of performing any function or exercising any power, other than the giving of infringement notices, conferred upon an authorised person by this local law; or (b) authorised under section 64 of the Act to give infringement notices; Board means the local government; Burial means placement of a coffin containing a dead body into a grave, and includes a natural burial; business day means any week day other than a public holiday in Western Australia; cemetery means a cemetery under the care and control of the Board; CEO means the Chief Executive Officer, for the time being, of the Board; coffin means a coffin or other receptacle used for the transportation of a dead body to the grave site, or the receptacle used for the burial of a dead body in a grave; Commissioner of Police means the Commissioner of Police for the time being appointed under the Police Act 1892 and includes any person for the time being acting in that capacity; funeral has the meaning given in the Act; funeral director means a person holding a current funeral director‟s licence; grant of right of burial means a right granted under clause 2.3 for immediate burial of a dead body, and for the purposes of this local law, includes placement of ashes in a grave, niche wall, memorial garden or under a memorial plaque, or scattering of ashes within a cemetery; headstone means a memorial designed for placement at the head of a grave, commemorating a grave or the placement of ashes;

1638 GOVERNMENT GAZETTE, WA 16 June 2020 interment includes, as the case may be— (a) burial of a dead body; (b) placement of ashes in a grave, niche wall, memorial garden or under a commemorative plaque; or (c) scattering of ashes; interment permit means a single funeral permit issued by the Board under section 20 or 21 of the Act which entitles the holder to conduct the interment of a person named in the permit, and includes placement or scattering of ashes in a cemetery; memorial has the meaning set out in the Act; memorial plaque means a panel, plate or tablet designed or used for purposes of bearing a commemorative inscription; memorial work means to install, repair, renovate or remove a memorial; monument means a sculpture, statue, cover of a grave or other form of memorial approved by the Board commemorating a grave or the placement of ashes, other than a headstone or memorial plaque; natural burial means burial in the ground— (a) without preparation of the dead body using chemical preservatives; and (b) by containment of the dead body only in a shroud or biodegradable coffin; niche wall means a structure for the placement of a container of ashes in a compartment secured with a covering memorial plaque; personal representative means— (a) the administrator or executor of an estate of a deceased person; (b) the person who, by law of practice, has the right to apply for administration of the estate of the deceased person; or (c) a person having the lawful custody of a dead body; pre-need certificate means the purchase of a certificate made under clause 2.4 setting aside for use of the person who wishes to secure the use of the grave, niche wall compartment or memorial position, prior to any grant of right of burial made under clause 2.3; Schedule means a Schedule to this local law; set fee refers to fees and charges set by a resolution of the Board and published in the Government Gazette, under section 53 of the Act; shroud means, as the context requires— (a) a cloth or cloths used to securely wrap a dead body for burial; or (b) a dead body contained within a cloth or cloths; standard grave means a grave which does not exceed any of the following dimensions: 2000 millimetres long, 1200 millimetres wide and 2100 millimetres deep; utility services means municipal or public services and includes the supply of water, electrical power, and, gas and also includes refuse, building waste and sewerage disposal services; vault means a below ground lined grave with one or more sealed compartments constructed to specifications approved from time to time by the Board; and vehicle includes every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise, other than a wheelchair or baby stroller, and includes a bicycle and a skateboard. PART 2—ADMINISTRATION 2.1 Powers and functions of CEO Subject to the direction of the Board, the CEO shall exercise all the powers and functions of the Board in respect of a cemetery in the district. 2.2 Plans (1) The Board shall establish and maintain a plan of each cemetery showing— (a) the location of areas set aside for burials, niche walls, memorial gardens, and placement of ashes in a garden; (b) the location of an area to be used only for burials of persons of a particular religious denomination; (c) the location of different areas of the cemetery to which different requirements for memorials apply; (d) the location of areas set aside for the works and other uses as specified in sections 24(2)(a) and (b) of the Act; and (e) any restricted areas. (2) The plans referred to in subclause (1) shall be open for inspection by members of the public during normal office hours of the Board.

16 June 2020 GOVERNMENT GAZETTE, WA 1639 2.3 Grant of right of burial (1) Upon payment of the set fee, a grave or niche compartment location shall be granted right of burial for a period in accordance with section 25(1) of the Act. (2) Upon payment of the set fee, a grant of right of burial shall be extended for a further period in accordance with section 25(2) or (4) of the Act. (3) A grant of right of burial made and recorded at the commencement of this local law, shall remain valid for the periods specified by the Act. (4) If the Board refuses an application under subclause (1) or (2), written notice of the refusal is to be given to the applicant. 2.4 Pre-need certificate (1) Prior to issue of a grant of right of burial, and upon payment of the set fee, purchase of a pre-need certificate for a specific position of gravesite, niche compartment or memorial location may be approved for a period not exceeding to five years (2) Upon payment of the set fee, a pre-need certificate may be renewed for a further period not exceeding five years (3) Cancellation of a pre-need certificate may be made by the person holding the pre-need certificate or authorised representative at any time. (4) For avoidance of doubt, a pre-need certificate is not a grant of right of burial. (5) If the Board refuses to grant an application under subclause (1) or (2), written notice of the refusal is to be given to the applicant. 2.5 Board may enter into an agreement for maintenance The Board may enter into an agreement with the holder of a grant of right of burial under clause 2.3 or holder of a pre-need certificate under clause 2.4 for the maintenance of an area of a cemetery at the expense of the holder. PART 3—APPLICATION FOR INTERMENT 3.1 Application for interment permit (1) A funeral director may apply for approval for an interment of a dead body in a cemetery. (2) A funeral director, the personal representative of a deceased person whose body has been cremated, or other person approved by an authorised person may apply for approval for interment of ashes in a cemetery. (3) An application for an interment permit under subclause (1) or (2) of— (a) a dead body shall include details of— (i) proposed burial method for the dead body in accordance with clause 5.1; and (ii) the vehicle transporting the dead body to the gravesite; or (b) ashes shall include details of the proposed interment arrangements for the ashes in accordance with clause 5.4(2). (4) An application under subclauses (1) or (2) shall be accompanied by the set fee. 3.2 Applications to be accompanied by certificates etc. An application under clause 3.1(1) shall be accompanied by— (a) a certificate issued under clause 3.3; and (b) either a medical certificate of death or a Coroner‟s order of burial. 3.3 Certificate of identification (1) Prior to the dead body being removed to a cemetery, a person who personally knew the deceased shall identify the dead body and shall provide a certificate of identification, unless— (a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or (b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead body. (2) A funeral director shall provide a certificate, where— (a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or (b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead body. 3.4 Minimum notice required An application for interment shall be made to the Board at least four business days prior to the day proposed for interment, otherwise an extra fee may be charged. 3.5 Refusal of application (1) The Board may refuse an application for the interment permit under clause 3.1(1). (2) The Board may refuse an application for a pre-need certificate. (3) If the Board refuses to approve an application under subclause (1), written notice of the refusal is to be given to the applicant.

1640 GOVERNMENT GAZETTE, WA 16 June 2020 PART 4—FUNERALS AND MEMORIAL SERVICES 4.1 Fixing times for interments (1) On receipt of a completed application form and the satisfaction of all other requirements of the Act and this local law, the Board may— (a) approve a time for the interment; and (b) dig or re-open any grave that is required. (2) The time approved for an interment is at the discretion of the Board but will be as near as possible to the time requested by the applicant. (3) Except with the permission of the Board and subject to such conditions as may be applied, a person shall not carry out a burial— (a) on a Saturday, a Sunday or a public holiday; (b) commencing at any time other than between the hours 9:00 am to 2:00 pm; or (c) to conclude later than 3:00 pm. 4.2 Memorial services or processions A person shall not conduct a memorial service or procession within a cemetery unless that person has the permission of the Board. 4.3 Processions The time fixed by the Board for interment shall be the time at which the procession is to arrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to hold the interment under clause 3.1 shall if required, pay the set fee for being late. 4.4 Conduct of interments by the Board When conducting an interment, or for the purposes of deciding whether to conduct an interment, under section 22 of the Act the Board may— (a) require a written request to be made for the Board to conduct an interment; (b) in its absolute discretion, charge any person requesting it to conduct an interment the set fee for the conduct of that funeral; (c) where no fee is applicable or a reduced fee has been charged by it for the conduct of the interment, determine the manner in which the interment shall be conducted; (d) specify an area in a cemetery for the interment; (e) conduct the funeral notwithstanding the failure of a person to make any application or to obtain any consent required under this local law; and (f) do or require anything which is considered necessary or convenient for the conduct of the funeral by the Board. PART 5—INTERMENTS 5.1 Requirements for burials A person shall not bring a dead body into a cemetery unless— (a) the Board has approved an application for the burial of that dead body made under clause 3.1(1); (b) it is enclosed in a coffin or shroud which bears the name of the deceased person indelibly inscribed in legible characters on a plate attached in a clearly visible position; and (c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the surname of the deceased person stamped in legible characters, each character being not less than 10 millimetres in height. 5.2 Requirements for preparation of graves (1) A person shall not dig or prepare a grave or fill a grave, unless that person has the permission of the Board. (2) Regardless of prior grant of right of burial under clause 2.3 or gravesite approved upon application made under clause 3.1, the Board may direct the digging or preparation of a grave in an alternate position, where— (a) evidence of a prior interment is found, or known to have occurred; (b) access to the position is constrained; (c) the digging or preparation of the grave is unreasonably difficult; or (d) utility services may be interfered with. (3) Where an alternative position for the grave is directed under subclause (2), the Board is to advise the funeral director immediately. 5.3 Requirements for dimensions of graves (1) A person shall not bury a dead body in a cemetery other than in a standard grave, unless that person has the permission of the Board. (2) Every grave prepared by the Board shall be dug at least 1800 millimetres deep and shall not exceed 2300 millimetres in depth, unless otherwise determined by the Board.

16 June 2020 GOVERNMENT GAZETTE, WA 1641 (3) Unless otherwise permitted by the Board, a person shall not bury a dead body within a cemetery so that the distance from the top of the coffin or shroud to the original surface of the ground is— (a) subject to paragraph (b), less than 1600 millimetres, unless that person has the permission of an authorised person; or (b) in any circumstances less than 750 millimetres. (4) The permission of the Board in subclause (3) shall not be granted unless in the opinion of the authorised person exceptional circumstances require granting of that permission. 5.4 Requirements for disposal of ashes (1) Except in accordance with an approved application under clause 3.1(2), a person shall not bring or dispose of the ashes of a deceased person into a cemetery. (2) The person approved under subclause (1) may dispose of the ashes of that deceased person in a cemetery by one of the following methods, if that method is available— (a) placed within the perimeter of an authorised gravesite‟s at a depth of at least 600 millimetres; (b) placed in a vault or mausoleum; (c) placed in a niche wall; (d) scattered in an area approved by the Board; or (e) placed in a memorial garden. (3) The Board may require a person making an application under clause 3.1(2) to provide additional information reasonably related to the application before determining the application. (4) The Board may— (a) approve an application under clause 3.1(2) unconditionally or subject to any conditions; or (b) refuse to approve an application under clause 3.1(2). (5) Where an application under clause 3.1(2) has been approved subject to conditions, the applicant must comply with each of those conditions, as amended. (6) If the Board refuses to approve an application under clause 3.1(2), written notice of the refusal is to be given to the applicant. 5.5 Requirements for re-opening a grave (1) A person shall not reopen a grave without the approval of the Board. (2) If for the purpose of re-opening a grave in a cemetery, the Board finds it necessary to remove plants, grass, shrubs or other like matter from the grave, then the person ordering the re-opening of that grave shall bear the cost of the removal and any necessary reinstatement 5.6 Requirements for exhumation (1) Subject to subclause (2), a person shall not exhume a dead body in a cemetery for the purposes of reburial within 12 months after the date of its interment. (2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to the Act. (3) Subject to subclause (1) and (2) prior to any other exhumation, the holder of a grant of right of burial must have applied in writing to the Board requesting the exhumation and an authorised person has authorised the exhumation. 5.7 Requirements for opening of coffin or removal of shroud A person shall not open a coffin or remove a shroud in a cemetery unless— (a) the coffin is opened or shroud removed for the purposes of the exhumation of a dead body; or (b) that person has produced to the Board an order signed or authorised pursuant to the Act and an authorised person has approved the opening of that coffin or removal of the shroud. 5.8 Ashes not to be held by the Board The Board shall not accept custody of ashes of a deceased person. PART 6—APPLICATIONS FOR MEMORIALS 6.1 Application to place memorial (1) Upon payment of the set fee, the Board may approve an application to place a memorial with or without conditions, including restricting use of materials such as wood, dimensions of a memorial etc, so as not to detract from the amenity of a cemetery. (2) The Board may require the written consent of the holder of the grant of right of burial of the grave, the personal representative of a deceased person, or other person to the satisfaction of an authorised person to accompany an application for a memorial made under section 30 of the Act. (3) Where written consent is not able to be produced, the Board may approve with or without conditions or decline an application in its absolute discretion. (4) If the Board refuses to approve an application under subclause (2), written notice of that refusal is to be provided to the applicant.

1642 GOVERNMENT GAZETTE, WA 16 June 2020 6.2 Australian War Graves Notwithstanding anything in this local law to the contrary, the Office of Australian War Graves— (a) may place a complying memorial on a military grave; and (b) is not required to pay the set fee for any memorial that is placed upon a military grave. PART 7—MEMORIALS PERMITTED 7.1 Limitation on dimensions of memorials (1) No part of a memorial, including any grave cover, kerbing, boundary marker or enclosure is to extend beyond the dimensions of a standard grave. (2) No part of a monument above its base shall extend horizontally beyond its base. (3) Notwithstanding subclause (1), on request of the personal representative, the Board may approve a memorial over adjoining multiple gravesites— (a) where the persons interred are of the same family; or (b) for another acceptable reason. 7.2 Specification for monument A monument is to be constructed in a manner approved by the Board. 7.3 Specification for headstone A headstone is to be constructed in a manner approved by the Board. 7.4 Specification for memorial plaque base A memorial plaque base is to be constructed in a manner approved by the Board. 7.5 Specification for memorial plaque A memorial plaque is to be made in a manner approved by the Board. 7.6 Specification for gravesite fencing Gravesite fencing is to be constructed in a manner approved by the Board. 7.7 Display of trade names on memorials not allowed A person shall not display any trade names or marks on a memorial. 7.8 Use of wood No wooden fence, railing or construction other than a cross, shall be allowed on or around a grave, other than as a temporary marker or with the permission of the Board. PART 8—MEMORIALS AND OTHER WORK 8.1 Carrying out memorial work (1) A person shall not carry out memorial work within a cemetery unless that person is authorised by the Board to do so under clause 6.1 (2) All material required in the erection and completion of any memorial work shall, be prepared before being taken to a cemetery. (3) The Board may place restrictions on the hours of work, access to a cemetery or other matters considered appropriate. (4) Memorial works shall be suspended during the conduct of any funeral within a cemetery. (5) Work is not permitted to be left unattended in an untidy or unsafe state. 8.2 Removal of sand, soil or loam No sand, earth or other material shall be taken from any part of a cemetery for use in the construction of any memorial or other work, or cause any material to be removed from a cemetery except with the written approval of the Board. 8.3 Removal of rubbish All refuse, rubbish or surplus material remaining after approved memorial works are completed shall be immediately removed from a cemetery by the person carrying out the same. 8.4 Plants and trees No trees or shrubs shall be planted on any grave or within a cemetery except such as shall be approved by the Board. 8.5 Supervision All workers, whether employed by the Board or by any other person, shall at all times while within the boundaries of a cemetery be subject to the supervision of the Board and shall obey any directions of the Board.

16 June 2020 GOVERNMENT GAZETTE, WA 1643 8.6 Placing of grave ornaments A person shall not place vases or other grave ornaments— (a) outside the perimeter of a grave in a cemetery as defined in the plans kept and maintained under section 40(2) of the Act; or (b) outside of an area set aside by the Board as a memorial plaque section. 8.7 Hours of work Except in accordance with the permission of an authorised person, a person shall not carry out memorial or other work within a cemetery— (a) during a funeral; or (b) other than between the hours of 8:00 am and 5:00 pm on a business day. 8.8 Unfinished work A person who does not complete any work before 5:00 pm on a business day shall leave the work in a neat and safe condition to the satisfaction of the Board. PART 9—GENERAL 9.1 Vehicle access and speed limitation (1) A person must only drive a vehicle on a vehicular access way or the constructed roadway or other areas designated for the use of vehicles within a cemetery, unless otherwise authorised by the Board. (2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 20 kilometres per hour, and shall comply with the signs and directions in the cemetery. 9.2 Animals A person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other than an assistance animal as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth) or with the approval of the CEO or an authorised officer. 9.3 Utility services (1) Other than with the approval of the Board, a person shall not— (a) connect any device or equipment to any utility services supplied on or at a cemetery; or (b) alter or interfere with utility services infrastructure located in a cemetery. (2) The Board may recover from a person the reasonable costs incurred by the Board for the supply to and use of any utility services by that person at a cemetery. 9.4 Damaging and removing of objects Subject to clause 9.5, a person shall not damage, remove or pick any tree, plant, shrub or flower in a cemetery or any other object or thing on any grave or memorial or which is the property of the Board without the permission of the Board. 9.5 Withered flowers A person may remove withered flowers from a grave or memorial and these are to be disposed of in an appropriate manner. 9.6 Littering and vandalism A person shall not— (a) damage, deface or interfere with any monument or gravesite in any manner whatsoever; (b) break or cause to be broken any glass, ceramic or other material in or upon a cemetery; or (c) discard, deposit, leave or cause to be discarded, deposited or leave any refuse or litter in a cemetery other than in a receptacle provided for that purpose. 9.7 Advertising (1) A person shall not advertise or carry on any trade, business or profession in a cemetery without the approval of the Board. (2) Upon payment of the set fee, the Board may consider and give approval subject to such conditions as the Board thinks fit. 9.8 Signs and directions of the Board (1) The Board may display, mark, place or erect a sign within a cemetery specifying conditions relating to the use of that cemetery. (2) A person shall obey all signs displayed, marked, placed or erected by the Board within a cemetery and any other lawful direction by the Board. 9.9 Removal from a cemetery (1) Any person failing to comply with any provisions of this local law or behaving in a manner that in the opinion of the Board is inappropriate in a cemetery may in addition to any penalty provided by this local law be ordered to leave the cemetery. (2) A person to whom an order under subclause (1) is given must comply with that order.

1644 GOVERNMENT GAZETTE, WA 16 June 2020 9.10 Board may close cemetery The Board may— (a) temporarily close a cemetery or any part of it; (b) exclude from a cemetery the public and all persons or so many of the public or so many persons as the Board consider to be necessary; (c) regulate, prohibit or restrict access to a cemetery or any part of it; or (d) direct persons to leave a cemetery or any part of it, for purposes of— (i) a funeral or public convenience; (ii) maintenance, redevelopment or extension of a cemetery; (iii) public safety; or (iv) other operational reasons. 9.11 Offensive matters (1) A person shall not allow or cause to be displayed and offensive materials, wording, symbols or images of any kind, whether as a sign, on a memorial or otherwise visible. (2) Where, in the opinion of the Board, a person does not comply with subclause (1), the Board may issue a notice under clause 9.13(1). 9.12 Liability for damage or works required to comply (1) Where a person— (a) causes damage to any grave, memorial, structure, building, furniture, plant or any other item or thing in a cemetery; (b) does a thing not authorised by this local law; or (c) does not do a thing required by this local law; the Board may by notice in writing to that person require that person within the time required in the notice to, at the option of the Board— (d) pay the costs of reinstating the property to the state it was in prior to the occurrence of the damage; (e) pay the costs of replacing that property; (f) pay the costs of works required to comply with this local law; or (g) carry out works required to comply with this local law. (2) On a failure to comply with a notice issued under subclause (1), the Board may recover the costs referred to in the notice as a debt due to it. 9.13 Offence to fail to comply with notice Whenever the Board gives a notice under this local law requiring a person to do anything, if a person fails to comply with the notice, that person commits an offence. 9.14 Board may undertake requirements of notice Where a person fails to comply with a notice referred to in clause 9.13, the Board may do the thing specified in the notice and recover from the person to whom the notice was given, as a debt, the costs incurred in so doing. PART 10—OFFENCES AND MODIFIED PENALTIES 10.1 General penalties A person who commits a breach of any provisions of this local law commits an offence and shall on conviction be liable to a penalty not exceeding $500, and if the offence is a continuing one to a further penalty not exceeding $20 for every day or part of a day during which the offence has continued. 10.2 Modified penalties (1) The offences specified in Schedule 1 are offences which may be dealt with under Section 63 of the Act. (2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the fourth column of Schedule 1. (3) The infringement notice referred to in Section 63(1) of the Act shall be in the form set out in the Schedule 2. (4) The notice withdrawing an infringement notice referred to in Section 63(3) of the Act shall be in the form set out in Schedule 3. ————

16 June 2020 GOVERNMENT GAZETTE, WA 1645 MODIFIED PENALTIES [cl. 10.2(1)] Item Clause Nature of offence Modified Penalty $ 1 4.2 Conducting a memorial service or procession without permission 50 2 5.1 Failure to obtain approval to bring a dead body into a cemetery 50 3 5.2(1) Unauthorised digging, preparation or filling of grave 50 4 5.3(1) Unauthorised burial of dead body 50 5 5.4(1) Unauthorised disposal of ashes 50 6 5.5(1) Unauthorised reopening of a grave 50 7 5.6(1) Unauthorised exhumation of a coffin or shroud 50 8 5.7 Unauthorised opening of a coffin or shroud 50 9 7.7 Use of trade name or mark on a memorial 50 10 7.8 Unauthorised use of wood on a gravesite 50 11 8.1 Unauthorised construction of a memorial 50 12 8.2 Unauthorised use of materials taken from within a cemetery 50 13 8.3 Failure to remove rubbish and surplus materials 50 14 8.4 Unauthorised planting of tree or shrub 50 15 8.5 Failure to comply with direction of authorised person 50 16 8.6 Unauthorised placing of grave ornaments 50 17 8.7 Works carried out during unauthorised times 50 18 8.8 Failure to leave uncompleted works in a tidy and safe condition 50 19 9.1(1) Driving vehicle other than on vehicular access way or constructed roadways or within designated areas 50 20 9.1(2) Exceeding speed limit 50 21 9.3 Interference with utility services 50 22 9.4 Damaging or removing object 50 23 9.5 Failure to dispose of withered flowers appropriately 50 24 9.6 Littering or vandalism within a cemetery 50 25 9.7 Unauthorised advertising and/or trading 50 26 9.8(2) Failure to obey sign or lawful direction within cemetery 50 27 9.9(2) Failure to comply with order to leave cemetery 50 28 9.11(1) Display of offensive materials, wording, symbols or images 50 29 9.13 Failure to comply with notice within specified period 50 ———— INFRINGEMENT NOTICE [cl. 10.2(3)] INFRINGEMENT NUMBER— To— Address— It is alleged that— Cemetery address— At— Time On— Date You committed the following offence— Contrary to— Shire of Narembeen Cemeteries Local Law 2020

Schedule 1 reference— Item No.— Clause— Offence— Brief description—

1646 GOVERNMENT GAZETTE, WA 16 June 2020 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 at the Shire of Narembeen within a period of 28 days after the giving of this notice. Name of authorised person— Position— Signature— Date— Payments may be made— (a) EFT to the Shire of Narembeen specifying the infringement number (b) In person at—Shire of Narembeen, 1 Longhurst Street, Narembeen during business hours (c) By mail to—Shire of Narembeen 1 Longhurst Street, Narembeen 6369 Please make cheques payable to Shire of Narembeen. If the penalty is not paid within the time specified, then a complaint of the alleged offence may be made and heard and determined by a court. ———— WITHDRAWAL OF INFRINGEMENT NOTICE [cl. 10.2(4)] No. .................... Date ............ / ............. / ............. To: [1] ............................................................................................................................................................. Infringement Notice No dated ............ / ............ / ............ for the alleged offence of [2] ............................. Penalty [3] $............................. is withdrawn. (Delete whichever does not apply)

• No further action will be taken.
• It is proposed to institute court proceedings for the alleged offence. .................................................................. (Authorised Person) [1] Insert name and address of alleged offender. [2] Insert short particulars of offence alleged. [3] Insert amount of penalty prescribed. ————

16 June 2020 GOVERNMENT GAZETTE, WA 1647 ARRANGEMENT PART 2—IMPOUNDING OF DOGS 2.1 Fees and charges 2.2 Attendance of authorised person at dog management facility 2.3 Release of impounded dog 2.4 Unauthorised release PART 3—KEEPING OF DOGS 3.1 Dogs to be confined 3.2 Limitation on the number of dogs 3.3 Application to keep additional dog or dogs 3.4 Determination of application 3.5 Where application cannot be approved 3.6 Conditions of approval 3.7 Revocation of licence to keep additional dogs PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Application for licence for approved kennel establishment 4.2 Notice of proposed use 4.3 Exemption from notice requirements 4.4 When application can be determined 4.5 Determination of application 4.6 Where application cannot be approved 4.7 Conditions of approval 4.8 Fees 4.9 Form of licence 4.10 Period of licence 4.11 Variation or cancellation of licence 4.12 Transfer 4.13 Notification 4.14 Objections and appeals 4.15 Inspection of kennel PART 5—DOGS IN PUBLIC PLACES 5.1 Places where dogs are prohibited absolutely 5.2 Places which are dog exercise areas

1648 GOVERNMENT GAZETTE, WA 16 June 2020 PART 6— MISCELLANEOUS 6.1 Fees and charges 6.2 Offence to excrete PART 7— ENFORCEMENT 7.1 Offences 7.2 General penalty 7.3 Modified penalties 7.4 Issue of infringement notice 7.5 Failure to pay modified penalty 7.6 Payment of modified penalty 7.7 Withdrawal of infringement notice 7.8 Service of notices SCHEDULE 1 SCHEDULE 2 SCHEDULE 3

16 June 2020 GOVERNMENT GAZETTE, WA 1649 Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Narembeen resolved on 20th May 2020 to make the following local law. This local law may be cited as the Shire of Narembeen Dogs Local Law 2020 This local law applies throughout the district This local law repeals the Shire of Narembeen By-Laws Relating to Dogs as published in the Government Gazette on 14 October 1983, and as amended in the Government Gazette on 4 November 1988. In this local law unless the context otherwise requires— Act means the Dog Act 1976; adjoining includes land or premises which have a portion of a common boundary with a lot or is separated from that lot by a public reserve, road, right-of-way, pedestrian access way, access leg of a battle-axe lot or the equivalent not more than 6 metres in width; authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under this local law; CEO means the chief executive officer of the local government; dangerous dog has the meaning given to it by section 3(1) of the Act; district means the district of the Shire of Narembeen; dog management facility has the meaning given to it in section 3(1) of the Act; infringement notice means the notice referred to in clause 7.4; kennel establishment means any premises where more than the number of dogs under clause 3.2(2) over the age of three months are kept, boarded, trained or bred temporarily, usually for profit and where the occupier of the premises is not the ordinary keeper of the dogs; licence means a licence to keep an approved kennel establishment on premises granted under clause 4.7; licensee means the holder of a licence granted under clause 4.7; local planning scheme means a planning scheme of the local government made under the Planning and Development Act 2005; notice of withdrawal means the notice referred to in clause 7.7(1); owner, in relation to a dog, has the same meaning as in section 3(1) and (2) of the Act; person liable for the control of the dog has the same meaning as in section 3(1) of the Act; premises in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence made under clause 4.1; public place has the meaning given to it by section 3(1) of the Act;

1650 GOVERNMENT GAZETTE, WA 16 June 2020 Regulations means the Dog Regulations 2013; Schedule means a schedule to this local law; set fee means a fee or charge made by the local government in accordance with clause 2.1 or clause 4.8; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and transferee means a person who applies for the transfer of a licence to her or him under clause 4.12. PART 2—IMPOUNDING OF DOGS 2.1 Fees and charges The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995— (a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding of a dog; (b) the additional set fee payable under section 29(4) of the Act where a dog is released at a time or on a day other than those determined under clause 2.2; and (c) application for additional costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act. 2.2 Attendance of authorised person at dog management facility An authorised person is to be in attendance at the dog management facility for the release of dogs at the times and on the days of the week as determined by the CEO. 2.3 Release of impounded dog (1) A claim for the release of a dog seized and impounded is to be made to an authorised person. (2) An authorised person is not to release a dog seized and impounded to any person unless that person has produced, to the satisfaction of an authorised person, evidence— (a) of her or his ownership of the dog or of her or his authority to take delivery of it; or (b) that he or she is the person identified as the owner on a microchip implanted in the dog. 2.4 Unauthorised release Unauthorised release of dogs is dealt with by section 43 of the Act. PART 3—KEEPING OF DOGS 3.1 Dogs to be confined (1) An occupier of premises on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; (c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; (d) maintain the fence and all gates and doors in the fence in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) Where an occupier fails to comply with subclause (1), he or she commits an offence. (3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act and the Regulations. 3.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 4 of this local law as an approved kennel establishment; or (b) granted an exemption under section 26(3) of the Act. (2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act— (a) two dogs over the age of three months and the young of those dogs under that age if the premises are zoned other than as rural, rural residential or urban under a local planning scheme; or (b) four dogs over the age of three months and the young of those dogs under that age if the premises are zoned as rural, rural residential or urban under a local planning scheme.

16 June 2020 GOVERNMENT GAZETTE, WA 1651 3.3 Application to keep additional dog or dogs (1) Subject to clause 3.5, the local government may consider an application to keep an additional dog or dogs where— (a) the property is deemed suitable by an authorised person— (i) having sufficient space capable of confining all dogs; (ii) noise, odours, fleas, flies and other vectors of disease will be effectively controlled; and (iii) the care and welfare of the dogs is considered adequate. (b) the details of every dog proposed to be kept on the premises are provided including name, age, colour/description, breed, registration number and microchip details; and (c) sufficient reason has been provided, including— (i) to replace an elderly or sick dog not expected to live; (ii) a family emergency resulting in the dog being inherited; (iii) merging of two households; (iv) where the applicants have had approval to keep an additional dog or dogs in another local authority; or (v) on premises zoned as rural or rural residential under a local planning scheme, the dog or dogs are required for stock management or to be on the premises temporarily for the purposes of training for stock management. (2) An application to keep two additional dogs on premises that are zoned other than as rural or rural residential under a local planning scheme shall— (a) provide sufficient detail regarding the reason for keeping more than two dogs; (b) provide written consent from owners and occupiers of any premises adjoining the premises; and (c) in the case of a tenanted property, provide written consent from either the landowner or their appointed property manager. (3) An application to keep more than four dogs on premises zoned as rural or rural residential under a local planning scheme shall— (a) provide sufficient detail regarding the reason for keeping more than four dogs; and (b) in the case of a tenanted property, provide written consent from either the landowner or their appointed property manager. 3.4 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 3.5; (b) the effect which approval of the proposed may have on the environment or amenity of the neighbourhood; and (c) whether approval of the application will create a nuisance for the owners and occupiers of adjoining premises. 3.5 Where application cannot be approved The local government will not approve an application to keep an additional dog or dogs where— (a) more than four dogs are proposed to be kept on premises zoned other than as rural or rural residential under a local planning scheme; (b) more than six dogs are proposed to be kept on premises zoned as rural or rural residential under a local planning scheme; or (c) where any dog already kept on the premises is a dangerous dog. 3.6 Conditions of approval (1) The local government may approve an application to keep an additional dog or dogs subject to any conditions as considered appropriate. (2) Approval of an application is not transferable to successive owners or occupiers of the premises. (3) A person who fails to comply with a condition imposed under sub-clause (1) commits an offence. 3.7 Revocation of licence to keep additional dogs Where a person does not comply with the conditions of approval to keep an additional dog or dogs under clause 3.6 the local government may revoke the approval to keep an additional dog or dogs. PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Application for licence for approved kennel establishment An application for a licence must contain the information listed in Schedule 1, and must be lodged with the local government together with— (a) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; (b) any other information reasonably required by the local government; and (c) the set fee for the application for a licence referred to in clause 4.8(1).

1652 GOVERNMENT GAZETTE, WA 16 June 2020 4.2 Notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining the premises. (2) The notices in subclause (1) must specify that— (a) any written submissions as to the proposed use are to be lodged with the local government within 14 days of the date the notice is given; and (b) the application, plans and specifications may be inspected at the offices of the local government. (3) The local government may refuse to determine the application for a licence until the notice or notices, as the case may be, is given in accordance with its directions where— (a) a notice given under subclause (1) does not clearly identify the premises; or (b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises. 4.3 Exemption from notice requirements The requirements of clauses 4.2 and 4.4(a) and Schedule 1 clause 5(c) do not apply in respect of the application for a licence where under a local planning scheme an application for a licence is made in respect of premises on which an approved kennel establishment is either a— (a) permitted use; or (b) use which the local government may approve subject to compliance with specified notice requirements. 4.4 When application can be determined An application for a licence is not to be determined by the local government until— (a) the applicant has complied with clause 4.2; (b) the applicant submits proof that the notices referred to in clause 4.2(1) have been given in accordance with that clause; and (c) the local government has considered any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises. 4.5 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 4.6; (b) any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs. 4.6 Where application cannot be approved The local government cannot approve an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme; or (b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare. 4.7 Conditions of approval (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate. (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2. (3) A person who fails to comply with a condition imposed under sub-clause (1) commits an offence. 4.8 Fees (1) On lodging an application for a licence, the applicant is to pay a set fee to the local government. (2) On the issue or renewal of a licence, the licensee is to pay a set fee to the local government. (3) On lodging an application for the transfer of a valid licence, the transferee is to pay a set fee to the local government.

16 June 2020 GOVERNMENT GAZETTE, WA 1653 (4) The set fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 4.9 Form of licence The licence is to be in the form determined by the local government from time to time and is to be issued to the licensee. 4.10 Period of licence (1) The period of effect of a licence is set out in section 27(5) of the Act. (2) A licence is to be renewed if the set fee referred to in clause 4.8(2) is paid to the local government prior to the expiry of the licence. (3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect. 4.11 Variation or cancellation of licence (1) The local government may vary the conditions of a licence. (2) The local government may cancel a licence— (a) on the request of the licensee; (b) following a breach of the Act, the Regulations or this local law; or (c) if the licensee is not a fit and proper person. (3) The date a licence is cancelled is to be, in the case of— (a) subclause (2)(a), the date requested by the licensee; or (b) subclause (2)(b) or (c), the date determined under section 27(6) of the Act. 4.12 Transfer (1) A written application for the transfer of a valid licence from the licensee to another person must be— (a) made by the transferee; (b) made with the written consent of the licensee; and (c) lodged with the local government together with— (i) written evidence that a person will reside at or within reasonably close proximity to the premises the subject of the licence; (ii) the set fee for the application for the transfer of a licence referred to in clause 4.8(3); and (iii) any other relevant information required. (2) The local government is not to determine an application for the transfer of a valid licence until the transferee has complied with subclause (1). (3) The local government may approve, whether or not subject to such conditions as it considers appropriate, or refuse to approve an application for the transfer of a valid licence. (4) Where the local government approves an application for the transfer of a valid licence, then on the date of approval, unless otherwise specified in the notice issued under clause 4.13(b), the transferee becomes the licensee of the licence for the purposes of this local law. 4.13 Notification The local government is to give written notice to— (a) an applicant for a licence of the local government‟s decision on her or his application; (b) a transferee of the local government‟s decision on her or his application for the transfer of a valid licence; (c) a licensee of any variation made under clause 4.11(1); (d) a licensee when her or his licence is due for renewal and the manner in which it may be renewed; (e) a licensee when her or his licence is renewed; (f) a licensee of the cancellation of a licence under clause 4.11(2)(a); and (g) a licensee of the cancellation of a licence under clause 4.11(2)(b) or (c), which notice is to be given in accordance with section 27(6) of the Act. 4.14 Objections and appeals (1) The provisions of Division 1 of Part 9 of the Local Government Act 1995 and regulation 33 of the Local Government (Functions and General) Regulations 1996 apply to a decision where the local government makes a decision as to whether it will— (a) grant an application for a licence; (b) vary or cancel a licence; (c) impose or amend a condition to which a licence is subject; or (d) transfer of a licence. (2) Under these provisions, an affected person may have the right to object to, or to appeal against, a decision of the local government.

1654 GOVERNMENT GAZETTE, WA 16 June 2020 4.15 Inspection of kennel With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time. PART 5—DOGS IN PUBLIC PLACES 5.1 Places where dogs are prohibited absolutely Designation of places where dogs are prohibited absolutely is dealt with in the Act. 5.2 Places which are dog exercise areas Designation of places which are dog exercise areas is dealt with in the Act. 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 Offence to excrete (1) A dog must not excrete on— (a) any thoroughfare or other public place; or (b) any land which is not a public place without the consent of the occupier. (2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence. (3) The person liable for the control of the dog does not commit an offence against subclause (2) if any excreta is removed immediately by that person. (4) Notwithstanding clause 7.2, the maximum penalty for an offence under subclause (1) is $1000. PART 7— ENFORCEMENT 7.1 Offences A 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 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 $100 for each day or part of the day during which the offence has continued. 7.3 Modified penalties (1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is not a dangerous dog. (3) The amount appearing in the fifth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is a dangerous dog. 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 in the form of Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996. 7.5 Failure to pay modified penalty Where a person who has received an infringement notice fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by an authorised person, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty. 7.6 Payment of modified penalty A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case be allowed by an authorised person, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgment. 7.7 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 in the form of Form 3 of Schedule 1 of the Local Government (Functions and General) Regulations 1996. (2) A person authorised to issue an infringement notice under clause 7.4 cannot sign or send a notice of withdrawal.

16 June 2020 GOVERNMENT GAZETTE, WA 1655 7.8 Service of notices An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it at or posting it to her or his address as ascertained from her or him, or as recorded by the local government under the Act, or as ascertained from inquiries made by the local government. ———— INFORMATION REQUIRED FOR APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT [cl. 4.1]

1. Details of applicants— (a) Full name/s of applicant/s; (b) Postal address; (c) Telephone number; (d) Mobile number; (e) Fax number; and (f) E-mail address.
2. Address of proposed premises.
3. Dogs to be kept— (a) Number; and (b) Breed.
4. Either— (a) Person residing on the premises— (i) Name; (ii) As from; and (iii) Mobile phone number, or (b) Person sufficiently close to the premises so as to control the dogs and ensure their health and welfare— (i) Name; (ii) Address; (iii) As from; and (iv) Mobile phone number.
5. To be included— (a) a site plan of the premises showing the location of the kennels and yards and all other buildings and structures and fences; (b) plans and specifications of the proposed kennel establishment; (c) copy of notice of proposed use to appear in newspaper and to be given to adjoining premises under clause 4.2; (d) written evidence that a person will reside— (i) at the premises; or (ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; and (e) if the person in item (d) is not the applicant, written evidence that the person is a person in charge of the dogs.
6. Signature of applicant/s.
7. Date. ———— CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT [cl. 4.7] An application for a licence for an approved kennel establishment may be approved subject to the following conditions— (a) each kennel, unless it is fully enclosed, must have a yard attached to it; (b) each kennel and each yard must be at a distance of not less than— (i) 25 metres from the front boundary of the premises and 5 metres from any other boundary of the premises; (ii) 10 metres from any dwelling; and (iii) 25 metres from any church, school room, hall, factory, dairy or premises where food is manufactured, prepared, packed or stored for human consumption;

1656 GOVERNMENT GAZETTE, WA 16 June 2020 (c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or netting or other materials approved by the local government; (d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel and the length of the dog is to be determined by measuring from the base of the tail to the front of its shoulder; (e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the floor area of the kennel or group of kennels to which it is attached; (f) the upper surface of the kennel floor must be— (i) at least 100 millimetres above the surface of the surrounding ground; (ii) smooth so as to facilitate cleaning; (iii) rigid; (iv) durable; (v) slip resistant; (vi) resistant to corrosion; (vii) non-toxic; (viii) impervious; (ix) free from cracks, crevices and other defects; and (x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn must lead to a suitably sized diameter sewerage pipe which must be properly laid, ventilated and trapped in accordance with the health requirements of the local government; (g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to approved apparatus for the treatment of sewage in accordance with the health requirements of the local government; (h) the kennel floor must have a durable up-stand rising 75 millimetres above the floor level from the junction of the floor and external and internal walls, or internal walls must be so constructed as to have a minimum clearance of 50 millimetres from the underside of the bottom plate to the floor; (i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of any kennel; (j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of— (i) 2000 millimetres; or (ii) four times the height of the breed of dog in the kennel, when it is fully grown, measured from the floor to the uppermost tip of its shoulders while in a stationary upright position; (k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted internally and externally with good quality new zincalume or new pre-finished colour coated steel sheeting or new fibrous cement sheeting or other durable material approved by the local government; (l) all external surfaces of each kennel must be kept in good condition; (m) the roof of each kennel must be constructed of impervious material; (n) all kennels and yards and drinking vessels must be maintained in a clean condition and must be cleaned and disinfected when so ordered by an authorised person; (o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the treatment of sewage; (p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled; (q) suitable water must be available at the kennel via a properly supported standpipe and tap; and (r) the licensee or the person nominated in the application for a licence, must, in accordance with the application for the licence, continue to reside— (i) at the premises; or (ii) in the opinion of the local government, sufficiently close to the premises so as to control the dogs, and to ensure their health and welfare. ————

16 June 2020 GOVERNMENT GAZETTE, WA 1657 PRESCRIBED OFFENCES [cl. 7.3 Item Clause Nature of offence Modified penalty $ Dangerous Dog Modified Penalty $ 1 3.1 Failing to provide means for effectively confining a dog 200 As per Regulations 2 3.6 Failure to comply with conditions of approval to keep additional dog or dogs 200 500 3 4.7 Failure to comply with the conditions of a licence 200 200 4 6.2 Dog excreting in prohibited place 100 100 ————

16 June 2020 GOVERNMENT GAZETTE, WA 1659 CONTENTS 1.6 Requirements of local planning scheme 1.7 Requirements of Building Act 2011 PART 2—SUFFICIENT FENCES 2.1 Sufficient fences—requirement 2.2 Sufficient fences—generally 2.3 Sufficient fences—between lots having different requirements 2.4 General discretion of the local government 2.5 Transitional provision PART 3—FENCING GENERALLY 3.1 Fences within front and secondary setback areas 3.2 Alteration of ground levels 3.3 Obstruction of watercourse 3.4 Gates or doors in fences 3.5 Retaining walls 3.6 Estate fencing 3.7 Maintenance of fences 3.8 Fences across rights-of-way, public access ways or thoroughfares PART 4—FENCING MATERIALS, SCREENING AND MAINTENANCE 4.1 Prohibited materials 4.2 Pre-used fencing materials 4.3 Approved materials 4.4 Screening PART 5—RESTRICTED FENCING 5.1 Barbed wire fencing 5.2 Electrified fencing 5.3 Razor wire fencing PART 6—APPROVALS 6.1 Application for approval 6.2 Decision on application for approval 6.3 Compliance with approval 6.4 Cancellation of an approval 6.5 Duration of approval

1660 GOVERNMENT GAZETTE, WA 16 June 2020 PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review PART 8—ENFORCEMENT 8.1 Notices of breach 8.2 Offences and penalties 8.3 Modified penalties 8.4 Form of notices SCHEDULE 1—SUFFICIENT FENCE—RESIDENTIAL AND TOWNSITE LOTS SCHEDULE 2—SUFFICIENT FENCE—COMMERCIAL, INDUSTRIAL AND SPECIAL USE LOTS SCHEDULE 3—SUFFICIENT FENCE—RURAL AND RURAL RESIDENTIAL LOTS SCHEDULE 4—PRESCRIBED OFFENCES

16 June 2020 GOVERNMENT GAZETTE, WA 1661 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Narembeen resolved on 20th May 2020 to make the following local law. This local law may be cited as the Shire of Narembeen Fencing Local Law 2020. This local law applies throughout the district. This local law repeals The Municipality of the Shire of Narembeen. By-law No. 15—Relating to Fencing as published in the Government Gazette on 10 June 1965. In this local law unless the context otherwise requires— applicant means a person who makes an application for approval under this local law; approval means a favourable decision in respect of an application which is in writing, may be subject to conditions and which allows a proposal to proceed; AS or AS/NZS means an Australian or Australian/New Zealand Standard published by Standards Australia, and available for viewing free of charge at the Shire of Morawa Administration Centre; authorised person means a person appointed by the local government to perform any of the functions under this local law; boundary fence means a fence constructed on the boundary of a lot which abuts a thoroughfare, and results in the application of section 16(1) of the Dividing Fences Act 1961; Building Code has the meaning given in section 3 of the Building Regulations 2012; commercial lot means a lot zoned as commercial under the local planning scheme; CEO means the Chief Executive Officer of the local government; dangerous in relation to any fence means— (a) an electrified fence which does not comply with clause 5.2 of this local law; (b) a fence containing barbed wire other than a fence constructed and maintained in accordance with this local law; (c) a fence containing exposed broken glass, asbestos fibre, razor wire, metal spikes or any other potentially harmful projection or material; or (d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause; dividing fence has the meaning given in section 5 of the Dividing Fences Act 1961; electrified fence means a fence carrying or designed to carry an electric charge; estate boundary fence means the fence constructed around the external boundary of a subdivision of land to indicate the extent of that subdivision and includes any special works or construction that identifies the entrance to that land; estate entry statement means a fence, or wall constructed of masonry or other materials to identify the entrance of an estate and may include but not be limited to a sign indicating the estate name and locality, sculptures, flagpoles and flags;

1662 GOVERNMENT GAZETTE, WA 16 June 2020 fence means any structure used or functioning as a barrier, irrespective of where it is located and includes any affixed gate or screening front boundary means the boundary line between a lot and the thoroughfare upon which that lot abuts, or in the case of a lot abutting on more than one thoroughfare the boundary line between the lot and the primary thoroughfare; front setback area means the area between the building line of a lot and the front boundary of that lot; height in relation to a fence means the vertical distance between the top of the fence at any point and— (a) the ground level; or (b) where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point; or (c) where the fence is constructed on a retaining wall approved by the local government, from the top of the retaining wall; industrial lot means a lot zoned as industrial under the local planning scheme; 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; lot has the meaning given to it in and for the purposes of the Planning and Development Act 2005; notice of breach means a notice referred to in clause 8.1; occupier has the meaning given to it in section 1.4 of the Local Government Act 1995; owner has the meaning given to it in section 5 of the Dividing Fences Act 1961; repair has the meaning given to it under section 5 of the Dividing Fences Act 1961; residential lot means a lot zoned as residential under the local planning scheme; retaining wall means any structure prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another; rural lot means a lot zoned as rural under the local planning scheme; rural residential lot means a lot zoned as rural residential under the local planning scheme; Schedule means a Schedule to this local law; screening means any perforated panels or trellises composed of solid or obscured translucent panels; 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; special use lot means a lot zoned as special use under the local planning scheme; sufficient fence means a fence described in clause 2.2 or 2.3 and includes a fence of the description and quality agreed upon by the owners of adjoining lots which does not fail to satisfy clause 2.2 or 2.3; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and townsite lot means a lot zoned as townsite under the local planning scheme. 1.6 Requirements of local planning scheme In the event of any inconsistency between the provisions of a local planning scheme and the provisions of this local law, the provisions of the local planning scheme are to prevail. 1.7 Requirements of Building Act 2011 Nothing in this local law affects a provision in any written law in respect of a building permit for a fence. PART 2—SUFFICIENT FENCES 2.1 Sufficient fences—requirement A person shall not construct a dividing fence or a boundary fence that is not a sufficient fence. 2.2 Sufficient fences—generally Subject to clause 2.3 a sufficient fence— (a) on a residential lot or townsite lot is a dividing fence or a boundary fence constructed in accordance with Schedule 1; (b) on a commercial lot, industrial lot or special use lot is a dividing fence or a boundary fence constructed in accordance with Schedule 2; and (c) on a rural lot or rural residential lot is a dividing fence or a boundary fence constructed in accordance with Schedule 3.

16 June 2020 GOVERNMENT GAZETTE, WA 1663 2.3 Sufficient fences—between lots having different requirements Where a fence is constructed on or near the boundary between— (a) a residential lot or townsite lot and a lot zoned for any other purpose, a sufficient fence is a fence constructed in accordance with Schedule 1; and (b) a commercial lot or industrial lot and a rural lot or rural residential lot, a sufficient fence is a fence constructed in accordance with Schedule 3. 2.4 General discretion of the local government (1) Notwithstanding the provisions of clause 2.1, an authorised person may give written consent for the construction or repair of a fence which is not a sufficient fence where all of the owners of the lots adjoin the fence make an application for approval for that purpose. (2) In determining whether to grant its approval under subclause (1), the local government may consider whether the construction or repair of the fence would have an adverse effect on— (a) the safe or convenient use of any land; (b) the safety or convenience of any person; (c) the visual amenity of the locality; and (d) any other matter considered relevant. 2.5 Transitional provision A dividing fence or fence lawfully constructed prior to this local law coming into operation constitutes a sufficient fence. PART 3—FENCING GENERALLY 3.1 Fences within front and secondary setback areas (1) A person shall not, without the written consent of an authorised person, construct a free-standing fence greater than 1200mm in height, within the front setback area of a residential lot or townsite lot. (2) An authorised person may approve the construction of a fence of a height greater than 1200mm in the front setback area of a residential lot or townsite lot, if provision is made for lines of vision for a motorist using the driveway to access a thoroughfare where the fence on each side of the driveway into the lot across the front boundary is angled— (a) into the lot for a distance of not less than 1500mm along the frontage, and (b) to a distance of not less than 1500mm from the frontage. (3) The provision of subclause (2) shall not apply to a fence of open construction that does not obscure the lines of vision of a motorist using the driveway for access to a thoroughfare. (4) The provision of subclause (2) shall apply to a secondary setback area where a driveway in the secondary setback area is used as the primary driveway access. 3.2 Alteration of ground levels (1) A person shall not alter the natural ground level of land on or within 1000mm of the boundary of a lot, whether by removing soil or bringing onto the land any fill of any kind, by more than 500mm without the approval of an authorised person. (2) A fence constructed of corrugated fibre-reinforced pressed cement shall not have more than 150mm difference in the ground levels on each side of the fence. (3) Where land has been filled or retained to a height of more than 500mm above natural ground level at or within 1000mm of a boundary of a lot, a person shall only construct a dividing fence that is a sufficient fence on the said filled land or retaining wall if the person produces to an authorised person the written agreement of the owners of the adjoining lot. 3.3 Obstruction of watercourse No person shall construct a fence of impervious material in any place, position or location where it will, or is likely to, act as a barrier to or restrict the flow of a natural watercourse. 3.4 Gates or doors in fences A person shall not construct a gate or door in a fence which encroaches into or over any other property. 3.5 Retaining walls A person must not commence to construct a retaining wall which is on the boundary line unless— (a) an application has been lodged with the local government including— (i) two copies of a plan and specifications of the proposed retaining wall; and (ii) in the case of a retaining wall exceeding 500mm in height and when required by an authorised person, engineering calculations in respect of the proposed retaining wall; and (b) an authorised person has approved the application. 3.6 Estate fencing (1) A person shall not construct an estate entry statement or estate boundary fence without the approval of an authorised person.

1664 GOVERNMENT GAZETTE, WA 16 June 2020 (2) Where an estate entry statement or estate boundary fence is constructed and contains an estate name, the entry statement or estate boundary fence shall also depict the locality name in at least equal prominence. (3) An owner or occupier of a lot adjacent to an estate boundary fence shall, where that fence is damaged, dilapidated or in need of repair, cause it to be repaired or replaced with the same or similar materials with which it was first constructed, so as far as practicable the repaired or replaced section shall be the same as the original fence. 3.7 Maintenance of fences An owner or occupier of a lot on which a fence is constructed shall maintain the fence in good condition and suitably enclosed so as to prevent it from becoming damaged, dangerous, dilapidated, unfit for purpose or unsightly. 3.8 Fences across rights-of-way, public access ways or thoroughfares A person must not construct or maintain a fence or obstruction of a temporary or permanent nature across any right-of-way, public access way or thoroughfare so as to impede or prevent use of those facilities in the manner for which they are intended and constructed without the approval of an authorised person. PART 4—FENCING MATERIALS, SCREENING AND MAINTENANCE 4.1 Prohibited materials A person must not construct a fence which is comprised, in whole or in part of spikes, broken glass, jagged materials, barbed wire, razor wire, asbestos or any other dangerous material except to the extent provided for in Part 5. 4.2 Pre-used fencing materials (1) A person shall not construct a boundary fence, dividing fence or estate fence from pre-used materials without the approval of an authorised person (2) Where an authorised person approves the use of pre-used materials, the materials shall be structurally fit for the purpose, and comply with any conditions imposed by an authorised person. (3) Conditions for use of pre-used fencing materials may include but are not limited to— (a) painting; (b) treated; (c) specific use or placement; and (d) upgrading. 4.3 Approved materials Subject to clause 4.2, a person shall only construct a dividing fence or boundary fence from materials specified in the Schedules of this local law, unless otherwise approved or required by an authorised person. 4.4 Screening (1) Screening may be fixed to a sufficient fence that is compliant with Schedule 1 which is consistent with the colours, materials and specification of that sufficient fence. (2) Screening is not to be affixed to a fence so that the maximum height exceeds 2.1m. (3) Screening affixed to a fence shall be installed and maintained in accordance with the manufacturer‟s specifications and not compromise the structural integrity of a fence. PART 5—RESTRICTED FENCING 5.1 Barbed wire fencing (1) An owner or occupier of a residential lot shall not affix or allow to remain any barbed wire on any fence bounding that lot. (2) An owner or occupier of a townsite lot, rural lot or rural residential lot shall not place or affix barbed wire upon a fence on that lot where the fence is adjacent to a thoroughfare or other public place unless the barbed wire is fixed to the top or the side of the fence posts furthest from the thoroughfare or other public place. (3) An owner or occupier of a commercial lot, industrial lot or special use lot shall not construct or affix to any fence bounding that lot any barbed wire unless— (a) the wire or material are attached on posts vertically or at an angle of 45 degrees; and (b) the bottom row of wire or other materials is not less than 2000mm above the ground level. (4) If the posts which carry the barbed wire or other materials referred to in subclause (3) are angled towards the outside of the lot bounded by the fence, the face of the fence must be set back from the lot boundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not encroach onto or over adjoining land. 5.2 Electrified fencing (1) An owner or occupier of a lot shall not construct or use an electrified fence on that lot without first obtaining approval of an authorised person

16 June 2020 GOVERNMENT GAZETTE, WA 1665 (2) Notwithstanding subclause (1), approval is not required for an electrified fence if— (a) constructed on a rural lot or rural residential lot; (b) for the purpose of animal control; (c) installed in accordance with the manufacturer‟s specifications; and (d) which is not the dividing fence with a residential lot, townsite lot or special use lot. (3) An electrified fence for the purpose of security must not be present on a lot unless it complies with AS/NZS 3016-2002 Electrical installations—Electric security fences, as amended from time to time, and which is available for viewing free of charge at the Shire of Narembeen Administration Centre. (4) Approval to have and use an electrified fence for the purpose of security shall not be issued— (a) in respect of a lot which is or which abuts a residential lot or townsite lot; and (b) unless provision is made so as to enable the fence to be rendered inoperable during the hours of business operations, if any, on the lot where it is constructed. 5.3 Razor wire fencing (1) An owner or occupier of a lot shall not construct a fence wholly or partly of razor wire on that lot without first obtaining approval under subclause (2). (2) Approval to have a fence constructed wholly or partly of razor wire shall not be issued— (a) in respect of a lot which is or which abuts a residential lot or townsite lot; (b) if the fence is within 3m of the boundary of the lot; or (c) where any razor wire used in the construction of the fence is less than 2000mm or more than 2400mm above the ground level. PART 6—APPROVALS 6.1 Application for approval (1) An owner of a lot may apply to the local government for approval of any discretionary matter contained within this local law. (2) An application for approval under this local law shall— (a) provide all necessary documentation and information required for a decision; (b) provide two copies of a plan and specifications of the proposed; (c) engineering certification of structural or electrical engineering specifications, if required; (d) be signed by the owner of the lot; (e) be forwarded to the CEO together with any set fee; and (f) be in the form determined by the local government from time to time. (3) An authorised person may require an applicant to provide additional information reasonably related to an application before determining an application for approval. (4) An authorised person may refuse to consider an application for approval which is not in accordance with subclauses (2) and (3). 6.2 Decision on application for approval (1) An application submitted to the local government under this local law may be— (a) approved by an authorised person; (b) approved by an authorised person subject to conditions as the authorised person sees fit; or (c) rejected by an authorised person. (2) In determining whether to grant its consent to the construction or installation, an authorised person may consider, in addition to any other matter that it is authorised to consider, whether the construction or retention of the fence would have an adverse impact on— (a) the safe or convenient use of any land; (b) the safety or convenience of any person; or (c) the visual amenity of the streetscape or neighbouring properties. (3) An authorised person may by written notice amend a condition imposed under subclause (1)(b) at any time. (4) An amendment under subclause (3) is effective from the date specified in the notice (5) If an authorised person approves an application for approval, it is to give written notice of the approval and any conditions applied, to the applicant. (6) If an authorised person refuses to approve an application for approval, it is to give written notice of that refusal and the reasons for the decision to the applicant. 6.3 Compliance with approval Where an application for approval has been approved under clause 6.2, the applicant and the owner or occupier of the lot to which the approval relates, shall comply with the terms and any conditions of that approval.

1666 GOVERNMENT GAZETTE, WA 16 June 2020 6.4 Cancellation of an approval An authorised person may cancel an approval if— (a) the owner or occupier requests an authorised person to do so; (b) the fence to which the approval applies has been demolished and is not rebuilt for a period of 6 months; (c) the circumstances have changed in such a way that an approval for the fence could no longer be granted under the local law; (d) the owner or occupier fails to comply with a condition of the permit or breaches a provision of this local law in respect of the fence; or (e) the owner or occupier fails to comply with a notice of breach issued under clause 8.1. 6.5 Duration of approval (1) Unless otherwise stated in the form of approval, an approval granted under this local law transfers with the lot to which it relates and is deemed to transfer to each successive owner or occupier of the lot to which the approval applies. (2) Where an approval is transferred under subclause (1), the successive owner or occupier may apply to an authorised person for written confirmation of this transfer. (3) For the avoidance of doubt, approval granted under this local law may be relied upon by any subsequent owner or occupier of the lot, and may be enforced against them by the local government. PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review Where an authorised person exercises a discretion pursuant to this local law, an affected person has a right of objection and appeal under Division 1 of Part 9 of the Local Government Act 1995. PART 8—ENFORCEMENT 8.1 Notices of breach (1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, an authorised person may give a notice of breach in writing to the owner or occupier of that lot. (2) A notice of breach shall— (a) specify the provision of this local law which has been breached; (b) specify the particulars of the breach; and (c) state that the owner or occupier is required to remedy the breach within the time specified in the notice. (3) An owner or occupier given a notice of breach shall comply with the terms of the notice and remedy the breach within the time specified in the notice. (4) Should an owner or occupier fail to comply with a notice, an authorised person may enter upon the lot to which the notice relates and remedy the breach, and may recover the expenses of doing so from the owner or occupier of the lot, as the case may be, in a court of competent jurisdiction. (5) This local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the Local Government Act 1995 and any power of entry exercised by the local government under this local law is subject to Part 3, Division 3, Subdivision 3 of the Act. 8.2 Offences and penalties (1) A 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. (2) Any person who commits an offence under this local law is 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. 8.3 Modified penalties The amount appearing in the final column of Schedule 4 directly opposite a prescribed offence in that Schedule is the modified penalty for that prescribed offence. 8.4 Form of notices For the purposes of this local law— (a) the form of the infringement notice referred to in section 9.17 of the Local Government Act 1995 is to be in the form of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (b) the form of the withdrawal of infringement notice referred to in section 9.20 of the Local Government Act 1995 is to be in the form of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. ————

16 June 2020 GOVERNMENT GAZETTE, WA 1667 SUFFICIENT FENCE—RESIDENTIAL AND TOWNSITE LOTS [Clause 2.2(a)] Each of the following is a sufficient fence on residential and townsite lots— (a) except with respect to the front setback area for which there is no minimum height but which is subject to clause 3.1; and (b) where constructed to an average height of 1800mm.

1. Timber fence (1) Any type of professionally manufactured timber fence, constructed in accordance with the manufacturer‟s specifications. (2) A dense brushwood constructed in accordance with the manufacturer‟s specifications (3) A timber fence constructed as follows— (a) corner posts to be 125mm x 125mm x 2 400mm and intermediate posts to be 125mm x 75mm x 2400mm spaced at 2400mm centres; (b) corner posts to be strutted two ways with 100mm x 50mm x 450mm sole plates and 75mm x 50mm struts; (c) intermediate posts to be doubled yankee strutted with 150mm x 25mm x 450mm struts; (d) all posts to have tops with a 60mm weather cut and to be sunk at least 600mm into the ground; (e) rails to be 75mm x 50mm with each rail spanning 2 bays of fencing double railed or bolted to each post with joints staggered; and (f) the fence to be covered with 75mm x 20mm sawn pickets, 1800mm in height placed 75mm apart and affixed securely to each rail.
2. Corrugated fence (1) Any fence constructed of corrugated fibre reinforced pressed cement sheet fence or steel sheeting fence in accordance with the manufacturer‟s specifications. (2) A fence constructed of corrugated fibre reinforced pressed cement or steel sheeting constructed to manufacturer‟s specifications or which satisfies the following specifications— (a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any case shall have a minimum in-ground depth of 600mm; (b) the total height and depth of the fence to consist of a single continuous fibre reinforced cement or steel sheet; and (c) the sheets to be lapped and capped with extruded snap-fit type capping in accordance with the manufacturer‟s specifications.
3. Brick, stone or concrete fence Any type of brick stone or concrete fence that— (a) is constructed in accordance with the Building Code, finished plumb, true and level and appropriately jointed, cleaned and of good general appearance. (b) has footings having a minimum of 225mm x 150mm concrete 15MPa or 300mm x 175mm brick laid in cement mortar; (c) fences to be offset a minimum of 200mm at maximum 3000mm centres or 225mm x 100mm engaged piers to be provided at maximum 3000mm centres; and (d) expansion joints in accordance with the manufacturer‟s specifications.
4. Composite fence (1) A composite fence which satisfies the following specifications for the brick construction— (a) ) brick piers shall have a minimum of 345mm x 345mm at 1800mm centres bonded to a minimum height base wall of 514mm; (b) each brick pier shall be reinforced with one R10 galvanised starting rod 1 500mm high with a 250mm horizontal leg bedded into a 500mm x 200mm concrete footing and set 65mm above the base of the footing. The top of the footing shall be 1 course (85mm) below ground level; (c) the minimum ultimate strength of brickwork shall be 20MPa. Mortar shall be a mix of 1 part cement, 1 part lime and 6 parts sand; (d) the ground under the footings is to be compacted to 6 blows per 300mm and checked with a standard falling weight penetrometer; and (e) control joints in brickwork shall be provided with double piers at a maximum of 6 metre centres; (2) Notwithstanding paragraphs (1)(a) and (b), a composite fence may be constructed so that— (a) brick piers of a minimum 345mm x 345mm x 2700mm centres bonded to the base wall; (b) each pier shall be reinforced with two R10 galvanised starting rods as previously specified, and (c) all other requirements are as previously specified. ————

1668 GOVERNMENT GAZETTE, WA 16 June 2020 SUFFICIENT FENCE—COMMERCIAL, INDUSTRIAL AND SPECIAL USE LOTS [Clause 2.2(b)] Each of the following is a sufficient fence on commercial and industrial lots—

1. A fence constructed of galvanized or PVC coated— (a) rail-less link; (b) chain; or (c) steel mesh.
2. A fence constructed in accordance with clause (1) shall be constructed in accordance with the following specifications— (a) to a height of 2000mm; (b) corner posts to be a minimum of 50mm nominal bore x 3.5mm and with footings of a 225mm diameter x 900mm; (c) intermediate posts to be minimum 37mm nominal bore x 3.15mm at maximum 4 metre centres and with footings of a 225mm diameter x 600mm; (d) struts to be minimum 30mm nominal bore x 3.15mm fitted at each gate and two at each corner post and with footings 225mm x 600mm; (e) cables to be affixed to the top, centre and bottom of all posts and to consist of two or more 3.15mm wires twisted together or single 4mm wire; (f) galvanised link mesh wire to be 2000mm in height and constructed of 50mm mesh 2.5mm galvanised iron wire and to be strained, neatly secured and laced to the posts and affixed to cables; (g) vehicle entry gates shall provide an opening of not less than 3.6 metres and shall be constructed of 25mm tubular framework with one horizontal and one vertical stay constructed of 20mm piping and shall be covered with 50mm x 2.5mm galvanised link mesh strained to framework; and (h) gates shall be fixed with a drop bolt and locking attachment.
3. A fence constructed in accordance with paragraph (2) may have up to 3 strands of plain or barbed wire, none being less than 1800mm above ground level, not more than 2400mm above ground level
4. Fences constructed in accordance with Schedule 1 ———— SUFFICIENT FENCE—RURAL AND RURAL RESIDENTIAL LOTS [Clause 2.2(c)] Each of the following is a sufficient fence on rural and rural residential lots— (1) In the case of a non-electrified fence, a fence of posts and wire construction, the minimum specifications for which are— (a) wire shall be— (i) high tensile wire and not less than 2.5mm; and (ii) a minimum of seven wires shall be used, generally with the lower wires spaced closer together than the higher wires so as to prevent smaller stock passing through, and connected to posts in all cases; (b) posts shall be of indigenous timber or other suitable material including— (i) timber impregnated with a termite and fungicidal preservative, and not less than 1650mm long x 50mm diameter at small end if round or 125mm x 60mm if split or sawn; (ii) standard iron star pickets; or (iii) concrete; (c) posts to be set minimum 400mm in the ground and 1200mm above the ground; and (d) strainer posts shall be— (i) not less than 2250mm long and 50mm diameter at the small end (tubular steel to be 50mm in diameter); (ii) cut from indigenous timber or other suitable material; and (iii) placed a minimum of 1000mm in the ground. (2) An electrified fence having five wires only is a sufficient fence if constructed generally in accordance with clause (1). ————

16 June 2020 GOVERNMENT GAZETTE, WA 1669

Schedule 4 PRESCRIBED OFFENCES [Clause 8.3] Item Clause Nature of offence Modified penalty $ 1 2.1 Construction of a dividing fence or boundary fence on a lot that is not a sufficient fence without approval 200 2 3.1 Construction of a non-compliant fence within setback area without approval 200 3 3.2(1) Alteration of ground levels without approval 500 4 3.3 Obstruction of a watercourse 200 5 3.4 Construction of a gate or fence encroaching over other property 200 6 3.5 Construction of retaining wall without approval 500 7 3.6(1) Construction of estate fencing without approval 500 8 3.7 Failure to maintain fence in good condition 200 9 3.8 Construction of a fence across right-of-way etc. without approval 500 10 4.1 Use of prohibited materials in a fence 500 11 4.2(1) Use of pre-used fencing materials without approval 200 12 4.4(2) Construction of screen exceeding 2.1m in height 200 13 5.1(1) Using or allowing to remain barbed wire on a residential lot 200 14 5.1(2) Non-compliant use of barbed wire on a townsite, rural or rural residential lot 200 15 5.1(3) Non-compliant use of barbed wire on a commercial, industrial or special use lots 500 16 5.2 Construction of an electric fence without approval 500 17 5.3 Construction of a razor wire fence without approval 500 18 6.3 Failure to comply with conditions of approval for fence 500 19 8.1(3) Failure to comply with notice of breach in relation to Part 5— Restricted Fencing 500 20 8.1(3) Failure to comply with notice of breach in relation to all matters other than Part 5—Restricted Fencing 200 21 8.2(1) Other offences not specified 200 ————

16 June 2020 GOVERNMENT GAZETTE, WA 1671 STANDING ORDERS LOCAL LAW 2020 ARRANGEMENT 1.3 Purpose and intent 1.4 Application 1.5 Repeal 1.6 Interpretation PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES 2.1 Establishment of committees 2.2 Types of committees 2.3 Delegation of some powers and duties to certain committees 2.4 Limits on delegation of powers and duties to certain committees 2.5 Appointment of committee members 2.6 Tenure of committee membership 2.7 Resignation of committee members 2.8 Register of delegations to committees 2.9 Committees to report PART 3—CALLING AND CONVENING MEETINGS 3.1 Ordinary and special Council meetings 3.2 Calling Council meetings 3.3 Convening Council meetings 3.4 Calling committee meetings 3.5 Convening committee meetings 3.6 Public notice of meetings PART 4—PRESIDING MEMBER AND QUORUM 4.1 Who presides 4.2 When the Deputy President can act 4.3 Who acts if no President 4.4 Election of presiding members of committees 4.5 Election of deputy presiding members of committees 4.6 Functions of deputy presiding members 4.7 Who acts if no presiding member 4.8 Quorum for meetings 4.9 Reduction of quorum for Council meetings 4.10 Reduction of quorum for committee meetings 4.11 Procedure where no quorum to begin a meeting 4.12 Procedure where quorum not present during a meeting 4.13 Names to be recorded PART 5—BUSINESS OF A MEETING 5.1 Business to be specified 5.2 Order of business

1672 GOVERNMENT GAZETTE, WA 16 June 2020 5.3 Motions of which previous notice has been given 5.4 New business of an urgent nature 5.5 Motions without notice 5.6 Adoption by exception resolution PART 6—PUBLIC PARTICIPATION 6.1 Meetings generally open to the public 6.2 Meetings not open to the public 6.3 Question time for the public 6.4 Question time for the public at certain meetings 6.5 Minimum question time for the public 6.6 Procedures for question time for the public 6.7 Other procedures for question time for the public 6.8 Distinguished visitors 6.9 Deputations 6.10 Petitions 6.11 Presentations 6.12 Participation at committee meetings 6.13 Council may meet to hear public submissions 6.14 Public Inspection of agenda materials 6.15 Confidentiality of information withheld 6.16 Recording of proceedings 6.17 Standard of conduct 6.18 Right of reply PART 7—QUESTIONS BY MEMBERS 7.1 With due notice 7.2 Without due notice PART 8—CONDUCT OF MEMBERS 8.1 Members to be in their proper places 8.2 Respect to the presiding member 8.3 Titles to be used 8.4 Advice of entry or departure 8.5 Members to indicate their intention to speak 8.6 Priority of speaking 8.7 Presiding member may take part in debates 8.8 Relevance 8.9 Speaking twice 8.10 Duration of speeches 8.11 No speaking after conclusion of debate 8.12 No interruption 8.13 Personal explanations 8.14 No reopening of discussion 8.15 Adverse reflection 8.16 Withdrawal of offensive language PART 9—PRESERVING ORDER 9.1 Presiding member to preserve order 9.2 Point of order 9.3 Procedures on a point of order 9.4 Calling attention to breach 9.5 Ruling by the presiding member 9.6 Continued breach of order 9.7 Right of presiding member to adjourn PART 10—DEBATE OF MEMBERS 10.1 Recommendations in reports 10.2 Alternative motion 10.3 Motions to be stated and in writing 10.4 Motions to be supported 10.5 Unopposed business 10.6 Only one substantive motion at a time 10.7 Order of call in debate

16 June 2020 GOVERNMENT GAZETTE, WA 1673 10.8 Limit of debate 10.9 Member may require question to be read 10.10 Consent of seconder required for alteration 10.11 Order of amendments 10.12 Form of an amendment 10.13 Amendment must not negate original motion 10.14 Relevance of amendments 10.15 Mover of motion may speak on amendment 10.16 Effect of an amendment 10.17 Withdrawal of motion or amendment 10.18 Right of reply 10.19 Foreshadowing alternative motions

PART 11—PROCEDURAL MOTION 11.1 Permissible procedural motions 11.2 No debate 11.3 Who may move 11.4 Procedural motions—right of reply on substantive motion 11.5 Meeting to proceed to the next business 11.6 Debate to be adjourned 11.7 Meeting now adjourn 11.8 Question to be put 11.9 Member to be no longer heard 11.10 Ruling of the presiding member to be disagreed with

PART 12—DISCLOSURE OF INTEREST 12.1 Disclosure of interests

PART 13—VOTING 13.1 Question—when put 13.2 Voting 13.3 Majorities required for decisions 13.4 Method of taking vote

PART 14—MINUTES OF MEETINGS 14.1 Keeping of minutes 14.2 Content of minutes 14.3 Public inspection of unconfirmed minutes 14.4 Confirmation of minutes

PART 15—ADJOURNMENT OF MEETING 15.1 Meeting may be adjourned 15.2 Effect of adjournment

PART 16—REVOKING OR CHANGING DECISIONS 16.1 Requirements to revoke or change decisions 16.2 Limitations on powers to revoke or change decisions 16.3 Implementing a decision

PART 17—SUSPENSION OF LOCAL LAW 17.1 Suspension of local law 17.2 Where local law does not apply

PART 18—MEETINGS OF ELECTORS 18.1 Electors‟ general meetings 18.2 Matters for discussion at electors‟ general meetings 18.3 Electors‟ special meetings 18.4 Requests for electors‟ special meetings 18.5 Convening electors‟ meetings 18.6 Who presides at electors‟ meetings 18.7 Procedure for electors‟ meetings 18.8 Participation of non-electors

1674 GOVERNMENT GAZETTE, WA 16 June 2020 18.9 Voting at electors‟ meetings 18.10 Minutes of electors‟ meetings 18.11 Decisions made at electors‟ meetings

PART 19—ENFORCEMENT 19.1 Penalty for breach 19.2 Who can prosecute SCHEDULE 1—PETITION OF ELECTORS OF THE SHIRE OF NAREMBEEN

16 June 2020 GOVERNMENT GAZETTE, WA 1675 STANDING ORDERS LOCAL LAW 2020 Under the powers conferred by the Local Government Act 1955 and under all other powers enabling it, the Council of the Shire of Narembeen resolved on 20th May 2020 to make the following local law. This local law may be cited as the Shire of Narembeen Standing Orders Local Law 2020. This local law comes into operation 14 days after the date of its publication in the Government Gazette 1.3 Purpose and intent (1) The purpose of the local law is to provide for the conduct of meetings of the Council, Committees and electors. (2) This local law is intended to result in— (a) better decision-making at meetings; (b) the orderly and efficient conduct of meetings; (c) greater community participation and understanding of the business of the Council; and (d) more open and accountable local government. 1.4 Application All meetings of the Council, committees and the electors are to be conducted in accordance with the Act, the Regulations and this local law. 1.5 Repeal This local law repeals the Municipality of the Shire of Narembeen Adoption of Draft Model By-law relating to Standing Orders No. 4 as published in the Government Gazette on 7 December 1979. 1.6 Interpretation In this local law, unless the contrary intention appears— absolute majority has the meaning given to it in the Act; Act means the Local Government Act 1995; CEO means the Chief Executive Officer of the Shire; committee means a committee of the council (established under section 5.8 of the Act); Council means the Council of the Shire; Councillor has the same meaning as is given to it in the Act; Deputy President means the deputy president of the Shire; employee has the same meaning as is given to it in the Act; Local Government means the Shire; meeting means a meeting of the Council or of a committee, or an electors‟ meeting, as the context requires; member has the same meaning as given to it in the Act; Minister means the Minister responsible for administering the Act; minor amendment in relation to a motion, means an amendment which does not alter the basic intent of the motion to which the amendment applies; President means the president of the Shire; presiding person means the person presiding at a meeting; Regulations means the Local Government (Administration) Regulations 1996;

1676 GOVERNMENT GAZETTE, WA 16 June 2020 Rules of Conduct Regulations means the Local Government (Rules of Conduct) Regulations 2007, Shire means the Shire of Narembeen; simple majority means more than 50% of the members present and voting; substantive motion means an original motion, or an original motion as amended, but does not include an amendment motion or a procedural motion. PART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES 2.1 Establishment of committees (1) The establishment of committees is dealt with in the Act. (2) A Council resolution to establish a committee under section 5.8 of the Act is to include— (a) the terms of reference of the committee; (b) the number of Council members, employees and other persons to be appointed to the committee; (c) the names or titles of the Council members and employees to be appointed to the committee; (d) the names of other persons to be appointed to the committee or an explanation of the procedure to be followed to determine the appointments; and (e) details of the delegation of any powers or duties to the committee under section 5.16 of the Act. (3) This local law is to apply to the conduct of committee meetings. 2.2 Types of committees The types of committees are dealt with in the Act. 2.3 Delegation of some powers and duties to certain committees The delegation of some powers and duties to certain committees is dealt with in the Act. 2.4 Limits on delegation of powers and duties to certain committees The limits on the delegation of powers and duties to certain committees are dealt with in the Act. 2.5 Appointment of committee members The appointment of committee members is dealt with in the Act. 2.6 Tenure of committee membership Tenure of committee membership is dealt with in the Act. 2.7 Resignation of committee members The resignation of committee members is dealt with in the Regulations. 2.8 Register of delegations to committees The register of delegations to committees is dealt with in the Act. 2.9 Committees to report A committee— (a) is answerable to the Council; and (b) is to report on its activities when, and to the extent, required by the Council. PART 3—CALLING AND CONVENING MEETINGS 3.1 Ordinary and special Council meetings (1) Ordinary and special Council meetings are dealt with in the Act. (2) An ordinary meeting of the Council, held on a monthly basis or otherwise as determined by the Council, is for the purpose of considering and dealing with the ordinary business of the Council. (3) A special meeting of the Council is held for the purpose of considering and dealing with Council business that is urgent, complex in nature, for a particular purpose or confidential. 3.2 Calling Council meetings The calling of Council meetings is dealt with in the Act. 3.3 Convening Council meetings (1) The convening of a Council meeting is dealt with in the Act. (2) Subject to subclause (3), the CEO is to give at least 72 hours‟ notice, for the purposes of section 5.5 of the Act, in convening a special meeting of the Council. (3) Where, in the opinion of the President or at least one-third of the members, there is a need to meet urgently, the CEO may give a lesser period of notice of a special Council meeting.

16 June 2020 GOVERNMENT GAZETTE, WA 1677 3.4 Calling committee meetings A meeting of a committee is to be held— (a) If called for in a verbal or written request to the CEO by the President or the presiding member of the committee, advising the date and purpose of the proposed meeting; (b) If called for by at least one-third of the members of the committee in a notice to the CEO, setting out the date and purpose of the proposed meeting; or (c) In accordance with a decision of the Council or the committee. 3.5 Convening committee meetings (1) The CEO is to convene a committee meeting by giving each member of the committee notice of the date, time and place of the meeting and an agenda for the meeting (2) Subject to subclause (3), the CEO is to give at least 72 hours‟ notice, for the purposes of subclause (1), in convening a meeting of a committee. (3) Where, in the opinion of the President, the presiding member of the committee or at least one- third of the members of the committee, there is a need to meet urgently, the CEO may give a lesser period of notice of a committee meeting. 3.6 Public notice of meetings Public notice of meetings is dealt with in the Regulations. PART 4—PRESIDING MEMBER AND QUORUM

Division 1: Who presides 4.1 Who presides Who presides at a Council meeting is dealt with in the Act. 4.2 When the Deputy President can act When the Deputy President can act is dealt with in the Act. 4.3 Who acts if no President Who acts if there is no President is dealt with in the Act. 4.4 Election of presiding members of committees The election of presiding members of committees and their deputies is dealt with in the Act. 4.5 Election of deputy presiding members of committees The election of deputy presiding members of committees is dealt with in the Act. 4.6 Functions of deputy presiding members The functions of deputy presiding members are dealt with in the Act. 4.7 Who acts if no presiding member Who acts if no presiding member is dealt with in the Act.

Division 2: Quorum 4.8 Quorum for meetings The quorum for meetings is dealt with in the Act. 4.9 Reduction of quorum for Council meetings The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in the Act. 4.10 Reduction of quorum for committee meetings The reduction of a quorum for committee meetings is dealt with in the Act. 4.11 Procedure where no quorum to begin a meeting The procedure where there is no quorum to begin a meeting is dealt with in the Regulations. 4.12 Procedure where quorum not present during a meeting If at any time during a meeting a quorum is not present, the presiding member is— (a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and (b) if a quorum is not present at the expiry of that period, the presiding member is to adjourn the meeting to some future time or date. 4.13 Names to be recorded At any meeting— (a) at which there is not a quorum present; or which is adjourned for want of a quorum, (b) the names of the members then present are to be recorded in the minutes.

1678 GOVERNMENT GAZETTE, WA 16 June 2020 PART 5—BUSINESS OF A MEETING 5.1 Business to be specified (1) No business is to be transacted at any ordinary meeting of the Council other than that specified in the agenda, without the approval of the presiding member or the Council. (2) No business is to be transacted at a special meeting of the Council other than that given in the notice as the purpose of the meeting. (3) No business is to be transacted at a committee meeting other than that specified in the agenda or in the notice of the meeting as the purpose of the meeting, without the approval of the presiding member or the committee. (4) Where a Council meeting is adjourned to the next ordinary meeting of the Council, the business unresolved at the meeting that is adjourned is to be dealt with as soon as practicable after the confirmation of the minutes of the previous meeting. (5) Where a committee meeting is adjourned to the next ordinary committee meeting, the business unresolved at the meeting that is adjourned is to be dealt with as soon as practicable after the confirmation of the minutes of the previous meeting. (6) Where a Council or committee meeting is adjourned to a meeting not described in subclauses (4) or (5), no business is to be transacted at that later meeting other than that— (a) is specified in the notice of the meeting that is adjourned; and (b) which remains unresolved. 5.2 Order of business (1) The order of business of an ordinary meeting of the Council or a committee must be determined by the Council from time to time. (2) Unless otherwise decided by the Council, the order of business at any special meeting of the Council is to be the order in which that business stands in the agenda of the meeting. (3) In determining the order of business for any meeting of the Council or a committee, the provisions of the Act and Regulations relating to the time at which public question time is to be held are to be observed. 5.3 Motions of which previous notice has been given (1) Unless the Act, Regulations or this local law otherwise provide, a member may raise at a meeting such business as he or she considers appropriate, in the form of a motion, of which notice has been given in writing to the CEO and which has been included on the agenda. (2) A notice of motion under subclause (1) is to be given at least 5 clear working days before the meeting at which the motion is moved. (3) A notice of motion is to relate to the good governance of the district. (4) The CEO— (a) with the concurrence of the President, may exclude from the notice paper any notice of motion deemed to be, or likely to involve, a breach of any of this local law or any other written law; (b) must inform members on each occasion that a notice has been excluded and the reasons for that exclusion; (c) may, after consultation with the member where this is practicable, make such amendments to the form but not the substance as will bring the notice of motion into due form; and (d) may provide to the meeting relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law. (5) A motion of which notice has been given is to lapse unless— (a) the member who gave notice of it, or some other member authorised by the originating member in writing, moves the motion when called on; or (b) the meeting on a motion agrees to defer consideration of the motion to a later stage or date. (6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms or to the same effect is not to be given again for at least 3 months from the date of such lapse. 5.4 New business of an urgent nature (1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the presiding member that is carried by the meeting, be raised without notice and decided by the meeting. (2) In subclause (1), „cases of extreme urgency or other special circumstances‟ means matters— (a) that have arisen after the preparation of the agenda that are considered by the presiding member to be of such importance and urgency that they are unable to be dealt with administratively by the Local Government and must be considered and dealt with by the Council or committee before the next meeting; and (b) that, if not dealt with at the meeting, are likely to— (i) have a significant adverse effect (financially or otherwise) on the Local Government; or (ii) result in a contravention of a written law.

16 June 2020 GOVERNMENT GAZETTE, WA 1679 (3) Before debate begins on a matter under this clause that is not the subject of a written employee report to the meeting— (a) the presiding member is to ask the CEO to give; and (b) the CEO, or the CEO‟s nominee, is to give, a verbal report to the meeting. (4) The minutes of the meeting are to include— (a) a summary of the verbal report and any recommendations of the CEO or the CEO‟s nominee; and (b) the reasons for any decision made at the meeting that is significantly different from any advice or recommendations of the CEO or the CEO‟s nominee. 5.5 Motions without notice A motion moved without notice, must be worded so as to refer to a particular matter for investigation and report to a committee for consideration of the Council at a later date, or directly to Council. 5.6 Adoption by exception resolution (1) In this clause „adoption by exception resolution‟ means a resolution of the Council that has the effect of adopting, recommendations from any committee or, for a number of specifically identified reports, the employee recommendation as the Council resolution. (2) Subject to subclause (3), the Council may pass an adoption by exception resolution. (3) An adoption by exception resolution may not be used for a matter— (a) that requires an absolute majority; (b) in which an interest has been disclosed; (c) that has been the subject of a petition or deputation; (d) that is a matter on which a member wishes to make a statement; or (e) that is a matter on which a member wishes to move a motion that is different to the recommendation. PART 6—PUBLIC PARTICIPATION 6.1 Meetings generally open to the public Meetings being generally open to the public is dealt with in the Act. 6.2 Meetings not open to the public (1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members of the public. (2) The Council or a committee, in one or more of the circumstances dealt with in the Act, may at any time, by resolution, decide to close a meeting or part of a meeting. (3) If a resolution under subclause (2) is carried— (a) the presiding member is to direct everyone to leave the meeting except— (i) the members; (ii) the CEO; (iii) any employee specified by the presiding member; and (b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the closure of the meeting to the public, the Council or the committee, by resolution, decides otherwise. (4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the presiding member, be removed from the meeting. (5) While the resolution under subclause (2) remains in force, the operation of clause 8.9 is to be suspended until the Council or the committee, by resolution, decides otherwise. (6) A resolution under this clause may be made without notice. (7) Unless the Council resolves otherwise, once the meeting is reopened to members of the public, the presiding member is to ensure that any resolution of the Council made while the meeting was closed is to be read out including the vote of a member or members that is required under clause 13.4(3) to be included in the minutes. 6.3 Question time for the public Question time for the public is dealt with in the Act. 6.4 Question time for the public at certain meetings Question time for the public at certain meetings is dealt with in the Regulations. 6.5 Minimum question time for the public Minimum question time for the public is dealt with in the Regulations. 6.6 Procedures for question time for the public Procedures for question time for the public are dealt with in the Regulations.

1680 GOVERNMENT GAZETTE, WA 16 June 2020 6.7 Other procedures for question time for the public (1) A member of the public who raises a question during question time, is to state his or her name and address. (2) A question may be taken on notice by the Council or a committee for later response. (3) When a question is taken on notice the CEO is to ensure that— (a) a response is given to the member of the public in writing; and (b) a summary of the response is included in the agenda of the next meeting of the Council or the committee. (4) Where a question relating to a matter in which a relevant person has an interest is directed to the relevant person, the relevant person is to— (a) declare that he or she has an interest in the matter; and (b) allow another person to respond to the question. (5) Where a member of the public provides written questions then the presiding member may elect for the questions to be responded to as normal business correspondence. (6) The presiding member may decide that a public question must not be responded to where— (a) the same or similar question was asked at a previous meeting, a response was provided and the member of the public is directed to the minutes of the meeting at which the response was provided; (b) the member of the public uses public question time to make a statement, provided that the presiding member has taken reasonable steps to assist the member of the public to phrase the statement as a question; or (c) the member of the public asks a question that is offensive or defamatory in nature, provided that the presiding member has taken reasonable steps to assist the member of the public to phrase the question in a manner that is not offensive or defamatory. (7) The presiding member may agree to extend public question time. (8) Where an answer to a question is given at a meeting, a summary of the question and the answer is to be included in the minutes. (9) In this clause: “relevant person” has the same meaning as in section 5.59 of the Act. 6.8 Distinguished visitors If a distinguished visitor is present at a meeting of the Council, the presiding member may acknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and the presence of that visitor must be recorded in the minutes. 6.9 Deputations (1) Any person or group wishing to be received as a deputation by the Council or a committee, is to either— (a) apply, before the meeting, to the President for approval; or (b) with the approval of the presiding member, at the meeting, address the Council or a committee. (2) Any application for a deputation is to include details of the topic on which the deputation is to be made and a brief outline of the contents of the proposed submission which will be made during the deputation. (3) The President may either— (a) approve the request and invite the deputation to attend a meeting of the Council or committee; or (b) refer the request to the Council or the committee to decide by simple majority whether or not to receive the deputation. (4) Unless the Council or committee resolves otherwise, a deputation invited to attend a Council or committee meeting— (a) is not to exceed 5 persons, only 2 of whom may address the Council or a committee, although others may respond to specific questions from members; (b) is not to address the Council or a committee for a period exceeding 10 minutes without the agreement of the Council; and (c) an extension of time and the increase in number of speaking members of the deputation may be allowed with the leave of the presiding member. (5) Unless decided otherwise by the President or presiding member of a committee, the number of deputations approved for any meeting must not exceed four. (6) Any matter which is the subject of a deputation to the Council or a committee is not to be decided by the Council or the committee until the deputation has completed its presentation. 6.10 Petitions (1) Where a member or the CEO receives a petition conforming to the requirements of clause 6.10 (2), that petition is to be presented to the next Council meeting.

16 June 2020 GOVERNMENT GAZETTE, WA 1681 (2) Except where required by the Act, the Regulations or any other written law, any petition to the Council— (a) must be addressed to the Council; (b) state the name and address of the person to whom correspondence in respect of the petition may be served; and (c) be in the form detailed in Schedule 1 of this local law. (3) Once a petition is presented to the Council, a motion may be moved to receive the petition and refer it to the CEO for action. 6.11 Presentations (1) In this clause, a presentation means the acceptance of a gift or an award by the Council on behalf of the Local Government or the community. (2) A presentation may be made to the Council at a meeting only with the prior approval of the President. 6.12 Participation at committee meetings (1) In this clause a reference to a person is to a person who— (a) is entitled to attend a committee meeting; (b) attends a committee meeting; and (c) is not a member of that committee. (2) Without the consent of the presiding member, no person is to address a committee meeting. (3) The presiding member of a committee may allow a person to make an oral submission to the committee for up to 3 minutes on a recommendation contained in a report to the committee, with a maximum of 3 speakers for the recommendation and 3 speakers against the recommendation. (4) A person addressing the committee with the consent of the presiding member is to cease that address immediately after being directed to do so by the presiding member. (5) A person who fails to comply with a direction of the presiding member under subclause (4) may, by order of the presiding member, be removed from the committee room. (6) The Council may make a policy dealing with the circumstances in which a person may be given consent to address a committee meeting. 6.13 Council may meet to hear public submissions (1) Where an item on the agenda at a Council meeting is contentious and is likely be the subject of a number of deputations, the Council may resolve to meet at another time to provide a greater opportunity to be heard. (2) The CEO and the President must set the time and date of the meeting to provide the opportunity to be heard. (3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the presiding member must— (a) instruct the CEO to provide local public notice of the time and date when the Council will meet to provide an opportunity to be heard; (b) provide a written invitation to attend the meeting to provide the opportunity to be heard to all members of the public who have applied under clause 6.9 to make a deputation on the issue; and (c) cause minutes to be kept of the meeting to provide the opportunity to be heard. (4) A meeting held under subclause (1) must be conducted only to hear submissions but a member may, at any time with leave of the presiding member, ask a question to seek to clarify any aspect of a submission. The Council must not make resolutions at a meeting held under subclause (1). (5) At a meeting held under subclause (1), each person making a submission must be provided with the opportunity to fully state his or her case. (6) A member of the public must be limited to 10 minutes in making an oral submission, but this period may be extended at the discretion of the presiding member. (7) Once every member of the public has had the opportunity to make a submission the presiding member is to close the meeting. (8) The CEO is to ensure that a report is included on the agenda of the next Council meeting summarising each submission made at the meeting. (9) The Council must not resolve on the matter that is the subject of a meeting to provide the opportunity to be heard until it has received the CEO‟s report under subclause (8). 6.14 Public Inspection of agenda materials The right of the public to inspect the documents referred to, and in accordance with, regulation 14 of the Regulations may be exercised at the Shire‟s administration office, any Shire library or on the Local Government‟s website.

1682 GOVERNMENT GAZETTE, WA 16 June 2020 6.15 Confidentiality of information withheld (1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to be— (a) identified in the agenda of a Council meeting under the item”Matters for which meeting may be closed”; and (b) marked “Confidential” in the agenda. (2) A member or an employee who has— (a) confidential information under subclause (1); or (b) information that is provided or disclosed during a meeting or part of a meeting that is closed to the public, is not to disclose any of that information to any person other than member employee to the extent necessary for the purpose of carrying out his or her functions. (3) Subclause (2) does not prevent a member or employee from disclosing the information— (a) at a closed meeting; (b) to the extent specified by Council and subject to such other conditions as the Council determines; (c) that is already in the public domain; (d) to an officer of the Department; (e) to the Minister; (f) to a legal practitioner for the purpose of obtaining legal advice; or (g) if the disclosure is required or permitted by law. (4) The Council may by resolution declare that any information withheld under clause 6.15 (1) must remain confidential for a specified period or indefinitely. 6.16 Recording of proceedings (1) A person is not to use any electronic, visual or audio recording device or instrument to record the proceedings of the Council, any committee or electors meeting without the permission of the presiding member. (2) If the presiding member gives permission under subclause (1), the presiding member is to advise the meeting, immediately before the recording is commenced, that such permission has been given and the nature and extent of that permission. 6.17 Standard of conduct (1) A reference in this clause to a person is to a person other than a member. (2) A person at a meeting— (a) addressing the Council or a committee must, when invited to speak, extend due courtesy and respect to the person presiding and others at the meeting; (b) must not reflect adversely on the character or actions of any member or employee; (c) must not impute any motive to a member or employee; (d) must not use offensive or objectionable expressions; (e) must not create a disturbance, by interrupting or interfering with the orderly conduct of the proceedings, whether expressing approval or dissent, by conversing or by any other means; (f) must ensure that his or her mobile telephone or audible pager is not switched on or used; and (g) must not behave in a manner that is contrary to section 75 of the Criminal Code. (3) The presiding person may warn a person who fails to comply with this clause. (4) If a person— (a) after being warned, acts contrary to this clause, or to this local law; or (b) refuses or fails to comply with a direction by the presiding member, the presiding member may expel the person from the meeting by ordering him or her to leave the meeting room. (5) A person who is ordered to leave the meeting room and fails to do so may, by order of the presiding person, be removed from the meeting room and, if the presiding person orders, from the premises. 6.18 Right of reply (1) A member who is aggrieved by a statement made (including a question asked) by a member of the public at a meeting may, with the leave of the presiding member, reply to that statement. (2) A reply under this clause is to be confined to a succinct response to the specific part of the statement in respect of which the member is aggrieved. PART 7—QUESTIONS BY MEMBERS 7.1 With due notice (1) A question on notice is to be given by a member in writing to the CEO at least four (4) clear business days before the meeting at which it is raised.

16 June 2020 GOVERNMENT GAZETTE, WA 1683 (2) If the question referred to in subclause (1) is in order, the answer is, so far as practicable, to be included in written form in the agenda of the meeting, or otherwise tabled at that meeting. (3) Every question and answer is to be submitted as briefly and concisely as possible and no discussion is to be allowed thereon, unless with the consent of the presiding member. 7.2 Without due notice (1) Members may ask questions relating to an item on the notice paper or on matters related to the good government of persons in the district. (2) A member requesting general information from an employee at a Council or committee meeting may ask a question without notice and with the consent of the presiding member, may ask one or more further questions of that employee or another employee present at the meeting. (3) Where possible the employee must endeavour to answer the question to the best of his or her knowledge and ability, however, if the information is unavailable or the answer requires research or investigation, the employee may ask that— (a) the question be placed on notice for the next meeting of Council; or committee and (b) the answer to the question be given to the member who asked it within 14 days (4) Every question and answer— (a) is to be brief and concise; and (b) is not to be accompanied by argument, expression of opinion or statement of facts, except to the extent necessary to explain the question or answer (5) In answering any question, an employee may qualify his or her answer and may at a later time in the meeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer PART 8—CONDUCT OF MEMBERS 8.1 Members to be in their proper places (1) At the first meeting held after each election day, or at any other time considered necessary, each member is to be allocated a seat at the Council table by the Council. (2) Each member is to occupy his or her position allotted position at each Council or committee meeting. 8.2 Respect to the presiding member After the business of a Council or a committee has been commenced, a member is not to enter or leave the meeting without first paying due respect to the presiding member. 8.3 Titles to be used A speaker, when referring to the President, Deputy President or presiding member, or a member or employee, is to use the title of that person‟s office. 8.4 Advice of entry or departure A member is not to enter or leave the meeting without first advising the presiding member, in order to facilitate the recording in the minutes of the time or entry or departure. 8.5 Members to indicate their intention to speak A member of the Council who wishes to speak is to indicate his or her intention to speak by raising his or her hand or by another method agreed by the Council. 8.6 Priority of speaking (1) Where two or more members indicate, at the same time, their intention to speak, the presiding member is to decide which member is entitled to be heard first. (2) A decision of the presiding member under subclause (1) is not open to discussion or dissent. (3) A member is to cease speaking immediately after being asked to do so by the presiding member. 8.7 Presiding member may take part in debates The presiding member may take part in a discussion of any matter before the Council or a committee, subject to compliance with this local law. 8.8 Relevance A member is to restrict his or her remarks to the motion or amendment under discussion, or to a personal explanation or point of order. 8.9 Speaking twice A member is not to address the Council or a committee more than once on any motion or amendment except— (a) as the mover of a substantive motion, to exercise a right of reply; (b) to raise a point of order; or (c) to make a personal explanation.

1684 GOVERNMENT GAZETTE, WA 16 June 2020 8.10 Duration of speeches (1) A member is not to speak on any matter for more than 5 minutes without the consent of the Council or a committee which, if given, is to be given without debate. (2) An extension under this clause cannot be given to allow a member‟s total speaking time to exceed 10 minutes. 8.11 No speaking after conclusion of debate A member is not to speak on any motion or amendment— (a) after the mover has replied; or (b) after the question has been put. 8.12 No interruption A member is not to interrupt another member who is speaking unless— (a) to raise a point of order; (b) to call attention to the absence of a quorum; (c) to make a personal explanation under clause 8.13; or (d) to move a procedural motion that the member be no longer heard (see clause 11.1(e)). 8.13 Personal explanations (1) A member who wishes to make a personal explanation relating to a matter referred to by another member who is then speaking is to indicate to the presiding member his or her intention to make a personal explanation. (2) The presiding member is to determine whether the personal explanation is to be heard immediately or at the conclusion of the speech by the other member. (3) A member making a personal explanation is to confine his or her observations to a succinct statement relating to a specific part of the speech at which he or she may have been misunderstood. 8.14 No reopening of discussion A member is not to reopen discussion on any Council or committee decision, except to move that the decision be revoked or changed. 8.15 Adverse reflection (1) A member is not to reflect adversely on a decision of the Council or committee except— (a) on a motion that the decision be revoked or changed; or (b) where the meeting resolves, without debate, that the question then before the meeting cannot otherwise be adequately considered. (2) A member is not— (a) to reflect adversely on the character or actions of another member or employee; or (b) to impute any motive to a member or employee, unless the meeting resolves, without debate, that the question then before the meeting cannot otherwise be adequately considered. (3) A member is not to use offensive expressions in reference to any member, employee or other person. (4) If a member specifically requests, immediately after their use, that any particular words used by a member be recorded in the minutes— (a) the presiding member is to cause the words used to be taken down and read to the meeting for verification; and (b) the Council or committee may, by resolution, decide to record those words in the minutes. 8.16 Withdrawal of offensive language (1) A member who, in the opinion of the presiding member, uses an expression which— (a) in the absence of a resolution under clause 8.15(2)— (i) reflects adversely on the character or actions of another member or employee; or (ii) imputes any motive to a member or employee; or (b) is offensive or insulting, must, when directed by the presiding member, withdraw the expression and make a satisfactory apology. (2) If a member fails to comply with a direction of the presiding member under subclause (1), the presiding member may direct the member to refrain from taking any further part in the debate of that item, other than by voting, and the member must comply with that direction. PART 9—PRESERVING ORDER 9.1 Presiding member to preserve order (1) The presiding member is to preserve order, and, whenever he or she considers necessary, may call any member to order.

16 June 2020 GOVERNMENT GAZETTE, WA 1685 (2) When the presiding member speaks during a debate, any member then speaking, or indicating that he or she wishes to speak, is to preserve strict silence so that the presiding member may be heard without interruption. (3) Subclause (2) is not to be used by the presiding member to exercise the right provided in clause 8.7, but to preserve order. 9.2 Point of order (1) A member may object, by way of a point of order, only to a breach of— (a) any of this local law; or (b) any other written law. (2) Despite anything in this local law to the contrary, a point of order— (a) takes precedence over any discussion; and (b) until determined, suspends the consideration or discussion of any other matter. 9.3 Procedures on a point of order (1) A member who is addressing the presiding member is not to be interrupted except on a point of order. (2) A member interrupted on a point of order is to resume his or her seat until— (a) the member raising the point of order has been heard; and (b) the presiding member has ruled on the point of order, and, if permitted, the member who has been interrupted may then proceed. 9.4 Calling attention to breach A member may, at any time, draw the attention of the Presiding Member to any breach of this local law. 9.5 Ruling by the presiding member (1) The presiding member is to rule on any point of order which is raised by either upholding or rejecting the point of order. (2) A ruling by the presiding member on a point of order is to be final unless the majority of members then present and voting, on a motion moved immediately after the ruling, dissent from the ruling. (3) Subject to a motion of dissent being carried under subclause (2), if the presiding member rules that— (a) any motion, amendment or other matter before the meeting is out of order, it is not to be considered further; and (b) a statement made or act done by a member is out of order, the presiding member may require the member to make an explanation, retraction or apology. 9.6 Continued breach of order If a member— (a) persists in any conduct that the presiding member had ruled is out of order; or (b) refuses to make an explanation, retraction or apology required by the presiding member under clause 9.5(3), the presiding member may direct the member to refrain from taking any further part in the debate of that item, other than by voting, and the member is to comply with that direction. 9.7 Right of presiding member to adjourn (1) For the purpose of preserving or regaining order, the presiding member may adjourn the meeting for a period of up to 15 minutes. (2) On resumption, the debate is to continue at the point at which the meeting was adjourned. (3) If, at any one meeting, the presiding member adjourns the meeting more than once for the purpose of preserving or regaining order, the second or subsequent adjournment may be to a later time on the same day or to another day. PART 10—DEBATE OF MEMBERS 10.1 Recommendations in reports (1) Recommendations contained in a committee or employee‟s report are to be given first priority consideration for adoption by the Council. (2) Any proposed amendment to a recommendation in a committee or employees‟ report that is significantly different to the recommendation, is not to be accepted unless a notice of motion in accordance with clause 5.3 has been given by the mover of the proposed amendment. (3) The Council may by majority decision dispense with requirements of clause 5.1 (2) where the Council is satisfied that the reason for the proposed amendment meets the criteria of “extreme urgency or other special circumstances” in clause 5.4 (2). (4) The requirements for recording of written reasons in the minutes of a meeting for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee are dealt with in the regulations.