504 GOVERNMENT GAZETTE, WA 13 March 2023
(i) with the consent of a person who holds a permit to conduct a function, and where the
trading is carried on under and in accordance with the permit; or
(ii) by a person who has a permit or permit to carry on trading on local government property
under any written law;
(g) conduct or set up a market on local government property or public place;
(h) unless an employee of the local government in the course of her or his duties or on an area set
aside for that purpose—
(i) drive or ride or take any vehicle on to local government property; or
(ii) park or stop any vehicle on local government property;
(i) conduct a function on local government property;
(j) charge any person for entry to local government property, unless the charge is for entry to land
or a building hired by a voluntary non-profit organisation;
(k) light a fire on local government property except in a facility provided for that purpose;
(l) parachute, hang glide, abseil or base jump from or on to local government property;
(m) erect a building or a refuelling site on local government property;
(n) make any excavation on or erect or remove any fence on local government property;
(o) erect or install any structure above or below ground of local government property, for the
purpose of supplying any water, power, sewer, communication, television or similar service to
a person;
(p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly on local
government property;
(q) erect, install, operate or use any broadcasting, public address system, loudspeaker or other
device for the amplification of sound on local government property;
(r) conduct an entertainment event on local government property;
(s) fly or land a drone, balloon, unmanned aircraft or similar device from or on local government
(t) film or make a recording as part of or for commercial gain on local government property.
(2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the
application of that person.
(3) The CEO or an authorised person may exempt specified local government property or a class of local
government property from the application of subclause (1)(a).
3.2 Erecting structures or camping
camp unless the context requires otherwise has the same meaning as given to it in section 5 of the
Caravan Parks and Camping Grounds Act 1995;
caravan has the same meaning as given to it in section 5 of the Caravan Parks and Camping
Grounds Act 1995;
facility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping
Grounds Act 1995.
park home has the same meaning as given to it in section 5 of the Caravan Parks and Camping
Grounds Act 1995; and
structure includes a caravan, park home, or camp.
(2) This clause does not apply to a facility operated by the local government.
(3) A person must not without a permit—
(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local
government property;
(b) erect, on local government property, any tent, camp, hut or similar structure; or
(c) erect, on local government property that is not enclosed, an umbrella or temporary shade
structure unless—
(i) it is erected for protection from the sun or other elements;
(ii) it has an area of no more than 18 square metres;
(iii) it has a height of no less than 2.5 metres;
(iv) it is removed by that person—
(I) immediately on leaving that local government property; and
(II) during daylight on the same day on which it was erected; and
(v) it is for a private use.
(4) The maximum period for which the CEO or an authorised person may approve an application for a
permit in respect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the
Caravan Parks and Camping Grounds Regulations 1997.
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3.3 Licence required for possession and consumption of liquor
(1) A person, on local government property, must not consume any liquor or have in her or his possession
or under her or his control any liquor, unless—
(a) that is permitted under the Liquor Control Act; and
(b) a licence has been obtained for that purpose.
(2) Subclause (1) does not apply where the liquor is in a sealed container.
PART 4—ADVERTISING SIGNS ON THOROUGHFARES
4.1 Interpretation
In this Part, unless the context otherwise requires—
advertising sign means a sign used for the purpose of advertisement;
direction sign means a sign which indicates the direction of another place, activity or event, but
does not include any such sign erected or affixed by the local government or the Commissioner
of Main Roads;
portable direction sign means a portable free standing direction sign; and portable sign means
a portable free standing advertising sign.
4.2 Advertising signs and portable direction signs
(1) A person shall not, without a permit—
(a) erect or place an advertising sign on a thoroughfare; or
(b) post any bill or paint, place or affix any advertisement on a thoroughfare.
(2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign which
neither exceeds 500 millimetres in height nor 0.5 square metres in area, provided that the sign is placed
or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a place,
activity or event during the hours of that activity or event.
(3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign—
(a) on a footpath;
(b) over any footpath where the resulting vertical clearance between the sign and the footpath is
less than 2.5 metres;
(c) on or within 3 metres of a carriageway;
(d) in any other location where, in the opinion of the local government, the sign is likely to obstruct
lines of sight along a thoroughfare or cause danger to any person using the thoroughfare; or
(e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the
structural approaches to a bridge.
4.3 Matters to be considered in determining application for permit
In determining an application for a permit for the purpose of clause 4.2(1), the local government is to
have regard to—
(a) any other written law regulating the erection or placement of signs within the district;
(b) the dimensions of the sign;
(c) other advertising signs already approved or erected in the vicinity of the proposed location of
the sign;
(d) whether or not the sign will create a hazard to persons using a thoroughfare; and
(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant.
4.4 Conditions on portable sign
(1) If the local government approves an application for a permit for a portable sign, the application is
to be taken to be approved subject to the following conditions—
(a) the portable sign shall—
(i) not exceed 1 metre in height;
(ii) not exceed an area of 1 square metre on any side;
(iii) relate only to the business activity described on the permit;
(iv) contain letters not less than 200 millimetres in height;
(v) not be erected in any position other than immediately adjacent to the building or the
business to which the sign relates;
(vi) be removed each day at the close of the business to which it relates and not be erected
again until the business next opens for trading;
(vii) be secured in position in accordance with any requirements of the local government;
(viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access
to a place by any person; and
(ix) be maintained in good condition.
(2) No more than one portable sign shall be erected in relation to the one building or business.
(3) A person must not place or erect a sign in contravention of a condition of a permit issued under this
clause.
506 GOVERNMENT GAZETTE, WA 13 March 2023
PART 5—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY
Division 1—Prohibited behaviour
5.1 Behaviour which interferes with others
A person must not, in or on any local government property, behave in a manner which—
(a) is likely to interfere with the enjoyment of a person who might use the property or who might
otherwise lawfully be on the property; or
(b) interferes with the enjoyment of a person using, or otherwise lawfully on, the property.
5.2 Behaviour detrimental to property
(1) A person must not behave in or on local government property in a way which is or might be
detrimental to the property.
(2) In subclause (1)—
detrimental to the property includes—
(a) removing any thing from the local government property including a rock, a plant or a
seat provided for the use of any person; and
(b) destroying, defacing or damaging any thing on the local government property, including
a plant, a seat provided for the use of any person or a building.
5.3 Taking or injuring fauna
(1) A person must not take, injure or kill, or attempt to take, injure or kill, any fauna which is on or
above any local government property, unless that person is authorised under a written law to do so.
(2) In this clause and in clause 5.5—
animal means any living thing that is not a human being, fly or plant; and
fauna means any animal indigenous to or which periodically migrates to any State or Territory of
the Commonwealth or the territorial waters of the Commonwealth and includes in relation to
any such animal—
(a) any class of animal or individual member;
(b) the eggs or larvae; or
(c) the carcass, skin, plumage or fur unless it has been shed or discarded by the animal in a
normal or natural manner.
5.4 Flora
(1) Unless authorised to do so under a written law or with the written approval of the CEO or an
authorised person, a person must not—
(a) remove, damage or interfere with any flora that is on or above any local government property;
or
(b) cultivate, plant or deposit any flora on local government property.
(2) In this clause—
flora means all vascular plants, seeds and other flora, whether living or dead.
5.5 Intoxicated persons not to be on local government property
(1) Unless attending a function or event where a permit has been obtained under clause 3.3(1), a person
must not enter or remain on local government property while under the influence of liquor; or
(2) A person must not enter or remain on local government property while under the influence of a
prohibited drug.
5.6 Only specified gender to use entry of toilet block or change room
(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or
change room is to be used by—
(a) females—then a person of the male gender must not use that entry of the toilet block or change
room;
(b) males—then a person of the female gender must not use that entry of the toilet block or change
room; or
(c) families—then, where the toilet block or change room is being used by a family, only an
immediate member of that family may use that entry of the toilet block or change room.
(2) Paragraphs (a) and (b) of subclause (1) do not apply to a child, when accompanied by a parent,
guardian or caregiver, where the child is—
(a) under the age of 8 years; or
(a) otherwise permitted by an authorised person to use the relevant entry.