3844GOVERNMENT GAZETTE, WA 29 October 2019

3844 GOVERNMENT GAZETTE, WA 29 October 2019 4.5 Construction site vehicle parking (1) In this clause unless the context otherwise requires— builder has the meaning given to it in the Building Act 2011; construction site means any land subject to development; construction site vehicle means a commercial vehicle, truck heavy or long vehicle; daily fee means the applicable daily fee as determined in accordance with section 6.16 of the Act; development means the demolition, erection, construction, alteration of or addition to any building or structure on land or the carrying out on land of any excavation or other works; eligible person means an owner or occupier of a construction site or any builder carrying out work on a construction site; establishment fee means the applicable establishment fee as determined in accordance with section 6.16 of the Act; work zone means any carriageway or part of a carriageway, whether or not marked as a metered space, parking bay or ticket machine zone, which is set aside by the local government by a sign, for a period specified on the sign, for the stopping or parking of construction site vehicles. (2) An eligible person seeking to establish a work zone adjacent to a construction site may apply in writing to the local government, which may approve or refuse the application. (3) Where the local government approves an application, it is to give the applicant written notice specifying— (a) the number and location of work zones the applicant may use; (b) the times during which the stopping or parking of construction site vehicles is permitted in the work zone; (c) the period for which the approval is valid; (d) any conditions to which the approval of the local government is subject; and (e) the amount of the establishment fee and daily fee applicable. (4) The local government is to set aside a work zone in accordance with the notice referred to in subclause (3) within 14 days from the date of payment of the establishment fee. (5) An eligible person must, in addition to the establishment fee, pay to the local government a daily fee for each day that a work zone is set aside. (6) The daily fee is payable monthly in advance. (7) Where the local government has approved an application to establish a work zone adjacent to a construction site, the local government may cancel its approval by written notice to the applicant in the event that, the applicant or any person authorised by the applicant to use the work zone stops or parks a vehicle other than in accordance with— (a) any condition stipulated in the notice issued to the applicant pursuant to subclause (3); (b) any sign applicable to the work zone; (c) the applicant fails to pay the daily fee as required pursuant to subclause (5); or (d) if the local government or a person authorised by the local government requires access to or near the place where the work zone is situated, for the purposes of carrying out works in or near the vicinity of that place. (8) A person must not stop or park a vehicle in a work zone unless the person is driving a vehicle that is— (a) engaged in construction work in or near the zone; or (b) permitted to stop in the works zone in accordance with this local law. 4.6 Other limitations in zones A person must not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would be contrary to any limitation in respect to classes of persons or vehicles, or specific activities allowed, as indicated by additional words on a traffic sign that applies to the zone. PART 5—OTHER PLACES WHERE STOPPING IS RESTRICTED 5.1 Stopping in a shared zone A person must not stop a vehicle in a shared zone unless— (a) the person stops a vehicle at a place on a length of carriageway, or in an area, to which a parking control sign applies and the person is permitted to stop at that place under this local law; (b) the person stops a vehicle in a parking bay and the person is permitted to stop in the parking bay under this local law; or (c) the person is engaged in door-to-door delivery or collection of goods, or in the collection of waste or garbage. 5.2 Double parking (1) A person must not stop a vehicle so that any portion of the vehicle is between any other stopped vehicle and the centre of the carriageway.