552GOVERNMENT GAZETTE, WA 1 May 2025

552 GOVERNMENT GAZETTE, WA 1 May 2025 “function” means an event or activity characterised by all or any of the following— (a) formal organisation and preparation; (b) its occurrence is generally advertised or notified in writing to particular persons; (c) organisation by or on behalf of a club; (d) payment of a fee to attend it; and (e) systematic recurrence in relation to the day, time and place; “garden” means any part of a thoroughfare planted, developed or treated, otherwise than as a lawn, with one or more plants; “Health Act” means the Health (Miscellaneous Provisions) Act 1911; “hire” includes offer to hire and expose for hire; “intersection” has the meaning give to it in the Road Traffic Code 2000; “kerb” includes the edge of a carriageway; “lawn” means any part of a thoroughfare which is planted only with grass, or with a similar plant, but will include any other plant provided that it has been planted by the local government; “liquor” has the same meaning as is given to it in section 3 of the Liquor Licensing Act 1988; “Liquor Act” means the Liquor Control Act 1988 and includes any regulations made under that Act; “local government” means Shire of Yilgarn; “local government property” means anything except a street— (a) which belongs to the local government; (b) of which the local government is the management body under the Land Administration Act 1997; or (c) which is an “otherwise unvested facility” within section 3.53 of the Act; “lot” has the meaning given to it in the Planning and Development Act 2005; “Manager” means the person for the time being employed by the local government to control and manage a facility which is local government property and includes the person’s assistant or deputy; “nuisance” means— (a) any activity, thing, condition, circumstance or state of affairs caused or contributed to by a person which is injurious or dangerous to the health of another person of normal susceptibility, or which has a disturbing effect on the state of reasonable physical, mental or social well being of another person; (b) any thing a person does or permits or causes to be done which interferes with or is likely to interfere with the enjoyment or safe use by another persons or any public place; or (c) any thing a person does in or on a public place which unreasonably detracts from or interferes with the enjoyment or value of nearby land owned by another person, provided that any thing done in accordance with the law or a legal right or which is consistent with the standard of behaviour in the relevant locality shall not be unreasonable for the purpose. “owner or occupier” in relation to land does not include the local government; “permissible verge treatment” means any one of the 4 treatments described in clause 6.5 (2), and includes any reticulation pipes and sprinklers; “permit” means a permit under this local law; “permit fee” means the fee payable upon the issue of a permit; “permit document” means a permit document issued under this local law; “permit holder” means a person who holds a permit; “person” does not include the local government; “place” means anywhere at all, and includes anywhere in or on something that is moving or can move; “premises” means a building or similar structure, but does not include a carpark or a similar place; “private property” means any real property, parcel of land or lot that has a separate certificate of title, which is in private ownership or subject of a lease or agreement with a company or person enabling its use for private purposes and includes any building or structure thereon; “proprietor”— (a) includes the owner, the occupier and any person having the management or control of any eating house; or (b) the holder of a licence granted under the Liquor Act where the premises in question is the subject of a hotel licence, a limited hotel licence, special facility licence or a restaurant licence granted under that Act; “public place” has the meaning given by clause 1.4; “repealed local law” means the local law repealed under clause 15.1;