Part 6ACTIVITIES IN STREETS

PART 6—ACTIVITIES IN STREETS 6.1 General prohibitions A person must not— (a) plant any plant which is not maintained at or below 0.50m in height in a street so that the plant does not create a sightline hazard; (b) damage a lawn or a garden or remove any plant or part of a plant from a lawn or a garden unless— (i) the person is the owner or the occupier of the lot abutting that portion of the street and the lawn or the garden or the particular plant has not been installed or planted by the local government; or (ii) the person is acting under the authority of a written law; (c) damage a street tree or remove a street tree or part of a street tree irrespective of whether the street tree was planted by the owner or occupier of the lot abutting the street or by the local government, unless— (i) the removal of the street tree is authorised by the local government in writing; or (ii) the person is acting under authority of written law; (d) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or otherwise, but not water) which may create a hazard for any person using the footpath; (e) unless at the direction of the local government, damage, remove or interfere with any signpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a street by the local government or a person acting under the authority of a written law; (f) play or participate in any game or sport so as to cause danger to any person or thing or impede the movement of vehicles or persons on a street; or (g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, skateboard, roller- blades or similar device. 6.2 Activities allowed with a permit (1) A person must not, without a permit— (a) dig or otherwise create a trench through or under a kerb or footpath; (b) throw, place or deposit any thing on a verge except for removal by the local government under a bulk rubbish collection, and then only in accordance with the terms and conditions and during the period of time advertised in connection with that collection by the local government; (c) cause any obstruction to a vehicle or a person using a street as a street; (d) cause any obstruction to a water channel or a water course in a street; (e) throw, place or drain offensive, noxious or dangerous fluid onto a street; (f) damage a street; (g) fell or damage any street tree; (h) fell any tree onto a street; (i) unless installing, or in order to maintain, a permissible verge treatment— (i) lay pipes under or provide taps on any verge; or

1 May 2025 GOVERNMENT GAZETTE, WA 559 (ii) place or install any thing on any part of a thoroughfare, and without limiting the generality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust; (j) provide, erect, install or use in or on any building, structure or land abutting on a street any hoist or other thing for use over the street; (k) on a street use anything or do anything so as to create a nuisance; (l) place or cause to be placed on a street a bulk rubbish container; or (m) interfere with the soil of, or anything in a thoroughfare or take anything from a street. (2) The CEO may exempt a person from compliance with subclause (1) on the application of that person. 6.3 Temporary crossings (1) Where it is likely that works on a lot will involve vehicles leaving a street and entering the lot, the person responsible for the works must obtain a permit for the construction of a temporary crossing to protect the existing carriageway, kerb, drains, footpath, existing materials and street trees, where— (a) a crossing does not exist; or (b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely to cause damage to the crossing. (2) The “person responsible for the works” in subclause (1) is to be taken to be— (a) the builder named on the building licence issued under the Local Government (Miscellaneous Provisions) Act 1960, if one has been issued in relation to the works; or (b) the registered proprietor of the lot, if no building licence has been issued under the Local Government (Miscellaneous Provisions) Act 1960 in relation to the works. (3) If the CEO approves an application for a permit for the purpose of subclause (1), the permit is taken to be issued on the condition that until such time as the temporary crossing is removed, the licensee must keep the temporary crossing in good repair and in such a condition so as not to create any danger or obstruction to persons using the street. 6.4 Removal of redundant crossing (1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be removed and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the removal are to be reinstated to the satisfaction of the CEO. (2) The CEO may give written notice to the owner or occupier of a lot requiring her or him to— (a) remove any part of or all of a crossing which does not give access to the lot; and (b) reinstate the kerb, drain, footpath, verge and any other part of the street, which may be affected by the removal, within the period of time stated in the notice, and the owner or occupier of the lot must comply with that notice. 6.5 Permissible verge treatments (1) An owner or occupier of land which abuts on a verge may on that part of the verge directly in front of her or his land may install a permissible verge treatment. (2) The permissible verge treatments are— (a) the planting and maintenance of a lawn; (b) the planting and maintenance of a garden provided that— (i) clear sight visibility is maintained at all times for a person using the abutting street in the vicinity of an intersection or bend in the street or using a driveway on land adjacent to the street for access to or from the street; and (ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of 2m along that part of the verge immediately adjacent to the kerb; (c) the installation of an acceptable material; or (d) the installation over no more than 30 per cent of the area of the verge (excluding any approved footpath and/or vehicle crossing) of an acceptable material in accordance with paragraph (c), and the planting and maintenance of either a lawn or a garden on the balance of the verge in accordance with paragraph (a) or (b). (3) In this clause “acceptable material” means any material specified as acceptable for the purpose of this clause in a policy which has effect under Part 13. 6.6 Only permissible verge treatments to be installed (1) A person must not install or maintain a verge treatment which is not a permissible verge treatment. (2) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each to be taken to have installed and maintained that verge treatment for the purposes of this clause and clause 6.7.