Div 9General Provisions

Division 9—General Provisions 7.17 General provisions (1) A person on local government property must obey any lawful direction of an authorised person and must not in any way obstruct or hinder an authorised person in the execution of their duties. (2) If the local government or an authorised person considers that a person has behaved in a manner contrary to this local law or where the local government or an authorised person reasonably suspects that a person has contravened a provision of any written local law, the local government or an authorised person may— (a) refuse to allow that person to enter local government property or any part thereof; and (b) if the person is on local government property, direct that person to leave the local government property or any part thereof. (3) A person who has been refused entry or who has been directed to leave under subclause (1) must immediately leave the local government property, or, if the direction applies to a part of the local government property, that part of the local government property quickly and peaceably.

1 August 2017 GOVERNMENT GAZETTE, WA 4221 (4) If a person fails to comply with subclause (2), the local government or an authorised person may remove that person, or arrange for that person to be removed, from the land. (5) A person shall not charge admission or seek payment for entering or using the jetties without having first obtained the written consent of the local government or an authorised person. (6) A person shall not enter upon or use the jetties without first having paid— (a) the fees and charges which may apply to such entry or use, as determined by the local government from time to time; or (b) admission charged by a person who obtained written consent pursuant to subclause (2). 8.1 Application of Division 1, Part 9 of the Act When the local government makes a decision as to whether it will— (a) grant a person a permit or consent under this local law; or (b) renew, vary, or cancel a permit or consent that a person has under this local law, the provisions of Division 1 of Part 9 of the Act and regulations 32A and 33 of the Regulations apply to that decision. PART 9—MISCELLANEOUS 9.1 Authorised person to be obeyed A person on local government property shall obey any lawful direction of an authorised person and shall not in any way obstruct or hinder an authorised person in the execution of her or his duties. 9.2 Persons may be directed to leave local government property An authorised person may direct a person to leave local government property where she or he reasonably suspects that the person has contravened a provisionof any written law. 9.3 Disposal of lost property An article left on any local government property, and not claimed within a period of 3 months, may be disposed of by the local government in any manner it thinks fit. 9.4 Liability for damage to local government property (1) Where a person unlawfully damages local government property, the local government may by notice in writing to that person require that person within the time required in the notice to, at the option of the local government, pay the costs of— (a) reinstating the property to the state it was in prior to the occurrence of the damage; or (b) replacing that property. (2) On a failure to comply with a notice issued under subclause (1), the local government may recover the costs referred to in the notice as a debt due to it. Whenever the local government gives a notice under this local law requiring a person to do any thing, if a person fails to comply with the notice, that person commits an offence. Where a person fails to comply with a notice referred to in clause 10.1, the local government 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. 10.3 Offences and general penalty