10 November 2021 GOVERNMENT GAZETTE, WA 5063
LOCAL GOVERNMENT ACT 1995
BUSH FIRES ACT 1954
Shire of Carnarvon
Bush Fire Brigades Local Law 2021
Under the powers conferred by the Local Government Act 1995, Bush Fires Act 1954 and under all other
powers enabling it, the Council of the Shire of Carnarvon resolved on 22 June 2021 to make the
following local law.
1 Citation
This local law may be cited as the Shire of Carnarvon Bush Fire Brigades Local Law 2021.
2 Definitions
(1) In this local law unless the context otherwise requires—
Act means the Bush Fires Act 1954;
brigade area is defined in clause 5(1)(b);
bush fire brigade is defined in section 7 of the Act;
CEO means the Chief Executive Officer of the local government;
district means the district of the local government;
local government means the Shire of Carnarvon;
normal brigade activities is defined by section 35A of the Act; and
Regulations means Regulations made under the Act.
(2) In this local law, unless the context otherwise requires, a reference to—
(a) a Captain;
(b) a First Lieutenant;
(c) a Second Lieutenant; and
(d) any additional Lieutenants;
means a person holding that position in a bush fire brigade.
3 Application
This local law applies throughout the district.
4 Establishment of a bush fire brigade
(1) The local government may establish a bush fire brigade for the purpose of carrying out normal
brigade activities.
(2) A bush fire brigade is established on the date of the local government’s decision under subclause (1).
(3) A bush fire brigade established under subclause (1) is to hold a meeting at least once every financial
year to appoint persons to the positions in clause 5(5), and where applicable clause 5(7).
5 Name and officers of bush fire brigade
(1) On establishing a bush fire brigade under clause 4(1) the local government is to—
(a) Give a name to the bush fire brigade;
(b) Specify the brigade area in which the bush fire brigade is primarily responsible for carrying
out the normal brigade activities; and
(c) Appoint—
(i) a Captain;
(ii) a First Lieutenant;
(iii) a Second Lieutenant; and
(iv) additional Lieutenants if the local government considers it necessary.;
(2) A person appointed to a position pursuant to subclause (1)(c) is to be taken to be a brigade member.
(3) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general
meeting of the bush fire brigade.
(4) An election is to be held at the first annual general meeting by the members of the brigade for
appointments to the positions referred to in subclause 1(c) or established under subclause (7) and every
subsequent annual general meeting.
(5) If a position referred to in subclause (1)(c) or established under subclause (7) becomes vacant prior
to the completion of the first annual general meeting or at any time, then the Brigade members are to
vote for a replacement member to fill the position.
(6) The Brigade members may elect, set the term of office, describe the duties of, and dismiss, any
person to any other position including secretary, treasurer, equipment officer, training officer or other
positions, and may combine those positions; and
Section 1 - Waste Local Law 2021 - Waste Local Law 2021 | Zoe
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(7) The Brigade members may establish types of brigade membership including fire fighting members,
auxiliary members, cadet members, and honorary life members.
6 Duties of Captain and bush fire brigade officers
(1) The duties of the Captain are to—
(a) provide leadership to bush fire brigades;
(b) monitor bush fire brigades’ resourcing, equipment and training levels;
(c) liaise with the local government concerning—
(i) fire prevention or fire suppression matters generally;
(ii) directions to be issued by the local government to bush fire control officers, including
those who issue permits to burn; and
(iii) bush fire brigade officers;
(d) ensure that a list of bush fire brigade members is maintained;
(e) report annually to the local government the office bearers of the bush fire brigade in accordance
with the Regulations;
(f) report to the local government not later than 31 March each year, for consideration and
appropriate provision being made in the next local government budget, the status of a bush fire
brigade’s—
(i) training and readiness;
(ii) protective clothing;
(iii) equipment; and
(iv) vehicles and appliances.
(g) nominate persons to the CEO for appointment as bush fire control officers by the local
government;
(h) arrange for normal brigade activities as authorised by the Act or by the local government; and
(i) where a vacancy occurs in a position appointed under clause 6(1)(c), to—
(i) advise the CEO of the vacancy as soon as practicable; and
(ii) make alternate suitable arrangements for that position until an appointment is made.
(2) The duties of other bush fire brigade officers are to support the Captain in his/her role.
7 Appointment, employment, payment, dismissal and duties of bush fire control officers
The appointment, employment, payment, dismissal and duties of bush fire control officers is dealt with
by the Act.
8 Maintenance and equipment with appliances and apparatus of bush fire brigades
The local government may provide funds for the maintenance and equipment with appliances and
apparatus of bush fire brigades in accordance with Part 6 of the Local Government Act 1995.
The Common Seal of the Carnarvon was affixed by authority of a resolution of the Council in the
presence of—
BURKE MASLEN, Deputy Shire President.
ANDREA SELVEY, Chief Executive Officer.
Dated: 29 October 2021.
———————————
CEMETERIES ACT 1986
LOCAL GOVERNMENT ACT 1995
Shire of Carnarvon
Cemeteries Amendment Local Law 2021
Under the powers conferred by the Cemeteries Act 1986, the Local Government Act 1995, and all other
powers enabling it, the Council of the Shire of Carnarvon resolved on 22 June 2021 to make the
following local law—
Citation
This local law is cited as the Shire of Carnarvon Cemeteries Amendment Local Law 2021.
Commencement
This local law comes into operation 14 days after its publication in the Government Gazette.
Principal Local Law
This local law amends the Shire of Carnarvon Local Laws relating to the Carnarvon Public
Cemetery as published in the Government Gazette on 26 February 1998.
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4. Clause 2 amended
The following is added to clause 2 in alphabetical order—
‘local government’ means the Shire of Carnarvon;
5. ‘Council’ replaced with ‘local government’
‘Council’ is replaced with ‘local government’ wherever it appears in—
(a) The definitions of “authorised person” and “single funeral permit” in clause 2; and
(b) Clauses 6, 7, 8, 11, 12, 13, 15, 16, 17, 19, 21, 22, 31, 34, 54, 55, and 58.
6. Clause 50 amended
Clause 50 is deleted and replaced with—
50. Clause 49 shall not apply to an ‘assistance animal’ as defined in section 9(2) of the
Disability Discrimination Act 1992 (Cth) or with the approval of the CEO or an authorised
officer.
The Common Seal of the Shire of Carnarvon was affixed by authority of a resolution of the Council in
the presence of—
BURKE MASLEN, Deputy Shire President.
ANDREA SELVEY, Chief Executive Officer.
Dated: 29 October 2021.
———————————
LOCAL GOVERNMENT ACT 1995
SHIRE OF CARNARVON
Meeting Procedures Local Law 2021
Under the powers conferred by the Local Government Act 1995 and under all other relevant powers,
the Council of the Shire of Carnarvon resolved 22 June 2021 to make the following local law.
Part 1—Preliminary
1.1 Citation
This local law may be cited as the Shire of Carnarvon Meeting Procedures Local Law 2021.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government Gazette.
1.3 Application and intent
(1) These Local Laws provide rules and guidelines which apply to the conduct of meetings of the Council
and its committees and to meetings of electors.
(2) All meetings are to be conducted in accordance with the Act, the Regulations and these Local Laws.
(3) These Local Laws are intended to result in—
(a) better decision-making by the Council and committees;
(b) the orderly conduct of meetings dealing with Council business;
(c) better understanding of the process of conducting meetings; and
(d) the more efficient and effective use of time at meetings.
1.4 Interpretation
(1) In these Local Laws unless the context otherwise requires—
absolute majority has the meaning given to it in the Act;
Act means the Local Government Act 1995;
CEO means the Chief Executive Officer of the local government;
committee means a committee of the Council established under section 5.8 of the Act;
committee meeting means a meeting of a committee;
Council means the Council of the Shire of Carnarvon;
local government means the Shire of Carnarvon;
President means the President of the Local Government or other Presiding Member at a Council
meeting under section 5.6 of the Act;
meeting means a meeting of the Council or a committee, as the context requires;
member has the meaning given to it in the Act;
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Presiding Member means—
(a) in respect of the Council, the person presiding under section 5.6 of the Act; and
(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the
Act;
Regulations means the Local Government (Administration) Regulations 1996;
simple majority means more than 50% of the members present and voting; and,
substantive motion means an original motion or an original motion as amended, but does not
include an amendment or a procedural motion.
(2) Unless otherwise defined in these Local Laws, the terms and expressions used in these Local Laws
are to have the meaning given to them in the Act and Regulations.
1.5 Repeal
The Shire of Carnarvon Local Laws Relating to Standing Orders 1998 published in the Government
Gazette on 26 February 1998 is repealed.
Part 2—Establishment and membership of committees
2.1 Establishment of committees
(1) The establishment of committees is dealt with in the Act.
(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—
(a) the terms of reference of the committee;
(b) the number of council members, officers and other persons to be appointed to the committee;
(c) the names or titles of the council members and officers to be appointed to the committee;
(d) the names of other persons to be appointed to the committee or an explanation of the procedure
to be followed to determine the appointments; and
(e) details of the delegation of any powers or duties to the committee under section 5.16 of the Act.
(3) These Local Laws are to apply to the conduct of committee meetings.
2.2 Types of committees
The types of committees are dealt with in the Act.
2.3 Delegation of some powers and duties to certain committees
The delegation of some powers and duties to certain committees is dealt with in the Act.
2.4 Limits on delegation of powers and duties to certain committees
The limits on the delegation of powers and duties to certain committees are dealt with in the Act.
2.5 Appointment of committee members
The appointment of committee members is dealt with in the Act.
2.6 Tenure of committee membership
Tenure of committee membership is dealt with in the Act.
2.7 Resignation of committee members
The resignation of committee members is dealt with in the Regulations.
2.8 Register of delegations to committees
The register of delegations to committees is dealt with in the Act.
2.9 Committees to report
A committee—
(a) is answerable to the Council; and
(b) is to report on its activities when, and to the extent, required by the Council.
Part 3—Calling and convening meetings
3.1 Ordinary and special Council meetings
(1) Ordinary and special Council meetings are dealt with in the Act.
(2) An ordinary meeting of the Council, held on a monthly basis or otherwise as determined by the
Council, is for the purpose of considering and dealing with the ordinary business of the Council.
(3) A special meeting of the Council is held for the purpose of considering and dealing with Council
business that is urgent, complex in nature, for a particular purpose or confidential.
3.2 Calling Council meetings
The calling of Council meetings is dealt with in the Act.
3.3 Convening Council meetings
(1) The convening of a Council meeting is dealt with in the Act.
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(2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the purposes of section 5.5
of the Act, in convening a special meeting of the Council.
(3) Where, in the opinion of the President or at least one-third of the Members, there is a need to meet
urgently, the CEO may give a lesser period of notice of a special Council meeting.
3.4 Calling committee meetings
The CEO is to call a meeting of any committee when requested by the President, the Presiding Member
of a committee or any two members of that committee.
3.5 Public notice of meetings
Public notice of meetings is dealt with in the Regulations.
Part 4—Presiding Member and quorum
Division 1: Who presides
4.1 Who presides
Who presides at a Council meeting is dealt with in the Act.
4.2 When the Deputy President can act
When the Deputy President can act is dealt with in the Act.
4.3 Who acts if no President
Who acts if there is no President is dealt with in the Act.
4.4 Election of Presiding Members of committees
The election of Presiding Members of committees and their deputies is dealt with in the Act.
4.5 Election of Deputy Presiding Members of committees
The election of Deputy Presiding Members of committees is dealt with in the Act.
4.6 Functions of Deputy Presiding Members
The functions of Deputy Presiding Members are dealt with in the Act.
4.7 Who acts if no Presiding Member
Who acts if no Presiding Member is dealt with in the Act.
Division 2—Quorum
4.8 Quorum for meetings
The quorum for meetings is dealt with in the Act.
4.9 Reduction of quorum for Council meetings
The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in
the Act.
4.10 Reduction of quorum for committee meetings
The reduction of a quorum for committee meetings is dealt with in the Act.
4.11 Procedure where no quorum to begin a meeting
The procedure where there is no quorum to begin a meeting is dealt with in the Regulations.
4.12 Procedure where quorum not present during a meeting
If at any time during a meeting a quorum is not present, the Presiding Member is—
(a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and
(b) if a quorum is not present at the expiry of that period, the Presiding Member is to adjourn the
meeting to some future time or date.
4.13 Names to be recorded
At any meeting—
(a) at which there is not a quorum present; or
(b) which is adjourned for want of a quorum,
the names of the Members then present are to be recorded in the minutes.
Part 5—Business of a meeting
5.1 Business to be specified
(1) No business is to be transacted at any ordinary meeting of the Council other than that specified in
the agenda, without the approval of the Presiding Member or the Council.
(2) No business is to be transacted at a special meeting of the Council other than that given in the notice
as the purpose of the meeting.
(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council other
than that—
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(a) specified in the notice of the meeting which had been adjourned; and
(b) which remains unresolved.
(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council
resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before
considering Reports (Item 8) at that ordinary meeting.
5.2 Order of business
(1) Unless otherwise decided by the Council the order of business at any ordinary meeting of the Council
is to be as follows—
Declaration of Opening/Announcement of Visitors
Attendance
2.1 Apologies
2.2 Approved leave of absence
Declarations of interest
3.1 Declarations of Financial Interests
3.2 Declarations of Proximity Interests
3.3 Declarations of Impartiality Interests
Public Question Time
4.1 Response to previous public questions taken on notice
4.2 Public question time
Confirmation of minutes of previous meetings
Announcements from the Presiding Member without discussion
Reports
8.1 Reports of Committees
8.2 Reports of Officers
Applications for leave of absence
Motions of which previous notice has been given
Questions from Members without notice
New business of an urgent nature introduced by decision of the meeting
Meeting closed to public
13.1 Matters for which the meeting may be closed
13.2 Public reading of resolutions that may be made public
Closure
(2) Unless otherwise decided by the Council, the order of business at any special meeting of the Council
is to be the order in which that business stands in the agenda of the meeting.
(3) In determining the order of business for any meeting of the Council, the provisions of the Act and
Regulations relating to the time at which public question time is to be held are to be observed.
5.3 Motions of which previous notice has been given
(1) Unless the Act, Regulations or these Local Laws otherwise provide, a Member may raise at a
meeting such business as he or she considers appropriate, in the form of a motion, of which notice has
been given in writing to the CEO and which has been included on the agenda.
(2) A notice of motion under subclause (1) is to be given at least 8 clear working days before the meeting
at which the motion is moved.
(3) A notice of motion is to relate to the good governance of the district.
(4) The CEO—
(a) with the concurrence of the President, may exclude from the notice paper any notice of motion
deemed to be, or likely to involve, a breach of any of these Local Laws or any other written law;
(b) will inform Members on each occasion that a notice has been excluded and the reasons for that
exclusion;
(c) may, after consultation with the Member where this is practicable, make such amendments to
the form but not the substance as will bring the notice of motion into due form; and
(d) may provide to the Council relevant and material facts and circumstances pertaining to the
notice of motion on such matters as policy, budget and law.
(5) A motion of which notice has been given is to lapse unless—
(a) the Member who gave notice of it, or some other Member authorised by the originating Member
in writing, moves the motion when called on; or
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(b) the Council on a motion agrees to defer consideration of the motion to a later stage or date.
(6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms or
to the same effect is not to be given again for at least 3 months from the date of such lapse.
5.4 New business of an urgent nature
(1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the
Presiding Member that is carried by the meeting, be raised without notice and decided by the meeting.
(2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters that have
arisen after the preparation of the agenda that are considered by the Presiding Member to be of such
importance and urgency that they are unable to be dealt with administratively by the Local
Government and must be considered and dealt with by the Council before the next meeting.
Part 6—Public participation
6.1 Meetings generally open to the public
Meetings being generally open to the public is dealt with in the Act.
6.2 Meetings not open to the public
(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members of
the public.
(2) The Council or a committee, in one or more of the circumstances dealt with in the Act, may at any
time, by resolution, decide to close a meeting or part of a meeting.
(3) If a resolution under subclause (2) is carried—
(a) the Presiding Member is to direct everyone to leave the meeting except—
(i) the Members;
(ii) the CEO; and
(iii) any Officer specified by the Presiding Member; and
(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the
closure of the meeting to the public, the Council or the committee, by resolution, decides
otherwise.
(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the Presiding
Member, be removed from the meeting.
(5) While the resolution under subclause (2) remains in force, the operation of clause 8.9 is to be
suspended until the Council or the committee, by resolution, decides otherwise.
(6) A resolution under this clause may be made without notice.
(7) Unless the Council resolves otherwise, once the meeting is reopened to members of the public, the
Presiding Member is to ensure that any resolution of the Council made while the meeting was closed is
to be read out including a vote of a Member to be included in the minutes.
6.3 Question time for the public
Question time for the public is dealt with in the Act.
6.4 Question time for the public at certain meetings
Question time for the public at certain meetings is dealt with in the Regulations.
6.5 Minimum question time for the public
Minimum question time for the public is dealt with in the Regulations.
6.6 Procedures for question time for the public
Procedures for question time for the public are dealt with in the Regulations.
6.7 Other procedures for question time for the public
(1) A member of the public who raises a question during question time, is to state his or her name and
address.
(2) A question may be taken on notice by the Council for later response.
(3) When a question is taken on notice the CEO is to ensure that—
(a) a response is given to the member of the public in writing; and
(b) a summary of the response is included in the agenda of the next meeting of the Council.
(4) Where a question relating to a matter in which a relevant person has an interest is directed to the
relevant person, the relevant person is to—
(a) declare that he or she has an interest in the matter; and
(b) allow another person to respond to the question.
(5) Each member of the public with a question is entitled to ask up to 2 questions before other members
of the public will be invited to ask their questions.
(6) Where a member of the public provides written questions then the Presiding Member may elect for
the questions to be responded to as normal business correspondence.
(7) The Presiding Member may decide that a public question shall not be responded to where—
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(a) the same or similar question was asked at a previous meeting, a response was provided and
the member of the public is directed to the minutes of the meeting at which the response was
provided;
(b) the member of the public uses public question time to make a statement, provided that the
Presiding Member has taken all reasonable steps to assist the member of the public to phrase
the statement as a question; or
(c) the member of the public asks a question that is offensive or defamatory in nature, provided
that the Presiding Member has taken all reasonable steps to assist the member of the public to
phrase the question in a manner that is not offensive or defamatory.
(8) A member of the public shall have two minutes to submit a question.
(9) The Council, by resolution, may agree to extend public question time.
(10) Where an answer to a question is given at a meeting, a summary of the question and the answer
is to be included in the minutes.
6.8 Distinguished visitors
If a distinguished visitor is present at a meeting of the Council, the Presiding Member may acknowledge
the presence of the distinguished visitor at an appropriate time during the meeting, and the presence
of that visitor shall be recorded in the minutes.
6.9 Deputations
(1) Any person or group wishing to be received as a deputation by the Council is to either—
(a) apply, before the meeting, to the CEO for approval; or
(b) with the approval of the Presiding Member, at the meeting, address the Council.
(2) The CEO may either—
(a) approve the request and invite the deputation to attend a meeting of the Council; or
(b) refer the request to the Council to decide by simple majority whether or not to receive the
deputation.
(3) Unless the council resolves otherwise, a deputation invited to attend a Council meeting—
(a) is not to exceed 5 persons, only 2 of whom may address the Council, although others may
respond to specific questions from Members;
(b) is not to address the Council for a period exceeding 10 minutes without the agreement of the
Council; and,
(c) additional members of the deputation may be allowed to speak with the leave of the Presiding
Member.
(4) Any matter which is the subject of a deputation to the Council is not to be decided by the Council
until the deputation has completed its presentation.
6.10 Petitions
(1) A petition is to—
(a) be addressed to the President;
(b) be made by electors of the district;
(c) state the request on each page of the petition;
(d) contain the name, address and signature of each elector making the request, and the date each
elector signed;
(e) contain a summary of the reasons for the request; and
(f) state the name of the person to whom, and an address at which, notice to the petitioners can
be given.
(2) Upon receiving a petition, the Local Government is to submit the petition to the relevant officer to
be included in his or her deliberations and report on the matter that is the subject of the petition.
(3) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented
to that meeting, unless—
(a) the matter is the subject of a report included in the agenda; and
(b) the Council has considered the issues raised in the petition.
6.11 Presentations
(1) In this clause, a “presentation” means the acceptance of a gift or an award by the Council on behalf
of the Local Government or the community.
(2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO.
6.12 Participation at committee meetings
(1) In this clause a reference to a person is to a person who—
(a) is entitled to attend a committee meeting;
(b) attends a committee meeting; and
(c) is not a member of that committee.
(2) Without the consent of the Presiding Member, no person is to address a committee meeting.
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(3) The Presiding Member of a committee may allow a person to make an oral submission to the
committee for up to 3 minutes.
(4) A person addressing the committee with the consent of the Presiding Member is to cease that
address immediately after being directed to do so by the Presiding Member.
(5) A person who fails to comply with a direction of the Presiding Member under subclause (4) may, by
order of the Presiding Member, be removed from the committee room.
(6) The Council may make a policy dealing with the circumstances in which a person may be given
consent to address a committee meeting.
6.13 Council may meet to hear public submissions
(1) Where an item on the agenda at a Council meeting is contentious and is likely be the subject of a
number of deputations, the Council may resolve to meet at another time to provide a greater
opportunity to be heard.
(2) The CEO and the President shall set the time and date of the meeting to provide the opportunity to
be heard.
(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the
Presiding Member shall—
(a) instruct the CEO to provide local public notice of the time and date when the Council will meet
to provide an opportunity to be heard;
(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to all
members of the public who have applied under clause 6.9 to make a deputation on the issue;
and
(c) cause minutes to be kept of the meeting to provide the opportunity to be heard.
(4) A meeting held under subclause (1) shall be conducted only to hear submissions. The council shall
not make resolutions at a meeting to provide the opportunity to be heard.
(5) At a meeting held under subclause (1), each person making a submission shall be provided with the
opportunity to fully state his or her case.
(6) A member of the public shall be limited to 10 minutes in making an oral submission, but this period
may be extended at the discretion of the Presiding Member.
(7) Once every member of the public has had the opportunity to make a submission the Presiding
Member is to close the meeting.
(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting
summarising each submission made at the meeting.
(9) The Council must not resolve on the matter that is the subject of a meeting to provide the
opportunity to be heard until it has received the CEO’s report under subclause (8).
6.14 Public Inspection of agenda materials
The right of the public to inspect the documents referred to, and in accordance with, regulation 14 of
the Regulations may be exercised during normal business hours at the local governments offices and
on the local government’s website.
6.15 Confidentiality of information withheld
(1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to
be—
(a) identified in the agenda of a Council meeting under the item “Matters for which meeting may
be closed”;
(b) marked “Confidential” in the agenda; and
(c) kept confidential by Officers and Members until the Council resolves otherwise.
(2) A member or an officer in receipt of confidential information under subclause (1) or information that
is provided or disclosed during a meeting or part of a meeting that is closed to the public is not to
disclose any of that information to any person other than another member or an officer to the extent
necessary for the purpose of carrying out his or her duties.
(3) Subclause (2) does not apply where a member or officer discloses the information to his or her lawyer
or government officer for the purpose of seeking advice in order to lawfully fulfil his or her role and
responsibilities.
6.16 Recording of proceedings
A person is not to use any electronic, visual or audio recording device or instrument to record the
proceedings of the Council without the permission of the Presiding Member.
6.17 Prevention of disturbance
(1) A reference in this clause to a person is to a person other than a member.
(2) A person addressing the Council shall extend due courtesy and respect to the Council and the
processes under which it operates and shall comply with any direction by the Presiding Member.
(3) A person observing a meeting shall not create a disturbance at a meeting, by interrupting or
interfering with the proceedings, whether by expressing approval or dissent, by conversing or by any
other means.
(4) A person shall ensure that his or her mobile telephone or audible pager is not switched on or used
during any meeting of the Council.
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(5) A person shall not behave in a manner that is contrary to section 75 of the Criminal Code.
Part 7—Questions by Members
7.1 Questions by Members
(1) Members may ask questions relating to an item on the notice paper or on matters related to the
good government of persons in the district.
(2) A Member requesting general information from an Officer at a Council meeting may ask a question
without notice and with the consent of the Presiding Member, may ask one or more further questions
of that Officer or another Officer present at the meeting.
(3) Where possible the Officer shall endeavour to answer the question to the best of his or her knowledge
and ability, however, if the information is unavailable or the answer requires research or investigation,
the Officer may ask that—
(i) the question be placed on notice for the next meeting of Council; and
(ii) the answer to the question be given to the Member who asked it within 14 days.
(4) Every question and answer—
(i) is to be brief and concise; and
(ii) is not to be accompanied by argument, expression of opinion or statement of facts, except to the
extent necessary to explain the question or answer.
(5) In answering any question, an Officer may qualify his or her answer and may at a later time in the
meeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer.
Part 8—Conduct of Members
8.1 Members to be in their proper places
(1) At the first meeting held after each election day, the CEO is to allot by ballot a position at the
Council table to each Member.
(2) Each Member is to occupy his or her allotted position at each Council meeting.
8.2 Respect to the Presiding Member
After the business of a Council has been commenced, a Member is not to enter or leave the meeting
without first paying due respect to the Presiding Member.
8.3 Titles to be used
A speaker, when referring to the President, Deputy President or Presiding Member, or a Member or
Officer, is to use the title of that person’s office.
8.4 Advice of entry or departure
During the course of a meeting of the Council, a Member is not to enter or leave the meeting without
first advising the Presiding Member, in order to facilitate the recording in the minutes of the time or
entry or departure.
8.5 Members to indicate their intention to speak
(1) A member who wishes to speak at a Council meeting—
(i) Must indicate his or her intention to speak by raising his or her hand, or by any other method
determined by the Council; and
(ii) When invited by the Presiding Member to speak, and unless otherwise determined by the
Council, must stand and address the meeting through the Presiding Member.
(2) A member who is unable to stand conveniently because of sickness or disability may sit while
speaking.
8.6 Priority of speaking
(1) Where two or more Members indicate, at the same time, their intention to speak, the Presiding
Member is to decide which Member is entitled to be heard first.
(2) A decision of the Presiding Member under subclause (1) is not open to discussion or dissent.
(3) A Member is to cease speaking immediately after being asked to do so by the Presiding Member.
8.7 Presiding Member may take part in debates
The Presiding Member may take part in a discussion of any matter before the Council, subject to
compliance with these Local Laws.
8.8 Relevance
(1) A Member is to restrict his or her remarks to the motion or amendment under discussion, or to a
personal explanation or point of order.
(2) The Presiding Member, at any time, may—
(a) call the attention of the meeting to—
(i) any irrelevant, repetitious, offensive or insulting language by a Member; or
(ii) any breach of order by a Member; and
(b) direct that Member, if speaking, to discontinue his or her speech.
10 November 2021 GOVERNMENT GAZETTE, WA 5073
(3) A Member is to comply with the direction of the Presiding Member under subclause (2) by
immediately ceasing to speak.
8.9 Speaking twice
A Member is not to address the Council more than once on any motion or amendment except—
(a) as the mover of a substantive motion, to exercise a right of reply;
(b) to raise a point of order; or
(c) to make a personal explanation.
8.10 Duration of speeches
(1) A Member is not to speak on any matter for more than 5 minutes without the consent of the Council
which, if given, is to be given without debate.
(2) An extension under this clause cannot be given to allow a Member’s total speaking time to exceed
10 minutes.
8.11 No speaking after conclusion of debate
A Member is not to speak on any motion or amendment—
(a) after the mover has replied; or
(b) after the question has been put.
8.12 No interruption
A Member is not to interrupt another Member who is speaking unless—
(a) to raise a point of order;
(b) to call attention to the absence of a quorum;
(c) to make a personal explanation under clause 8.13; or
(d) to move a procedural motion that the Member be no longer heard (see clause 11.1(e)) .
8.13 Personal explanations
(1) A Member who wishes to make a personal explanation relating to a matter referred to by another
Member who is then speaking is to indicate to the Presiding Member his or her intention to make a
personal explanation.
(2) The Presiding Member is to determine whether the personal explanation is to be heard immediately
or at the conclusion of the speech by the other Member.
(3) A Member making a personal explanation is to confine his or her observations to a succinct
statement relating to a specific part of the speech at which he or she may have been misunderstood.
8.14 No reopening of discussion
A Member is not to reopen discussion on any Council decision, except to move that the decision be
revoked or changed (see Part 16).
8.15 Adverse reflection
(1) A Member is not to reflect adversely on a decision of the Council except on a motion that the decision
be revoked or changed (see Part 16), unless the meeting resolves without debate that the matter before
the meeting cannot otherwise be adequately considered.
(2) A Member is not—
(a) to reflect adversely on the character or actions of another Member or Officer; or
(b) to impute any motive to a Member or Officer,
unless the meeting resolves, without debate, that the question then before the meeting cannot
otherwise be adequately considered.
(3) A Member is not to use offensive or objectionable expressions in reference to any Member, Officer
or other person.
(4) If a Member specifically requests, immediately after their use, that any particular words used by a
Member be recorded in the minutes—
(a) the Presiding Member is to cause the words used to be taken down and read to the meeting for
verification; and
(b) the Council may, by resolution, decide to record those words in the minutes.
8.16 Withdrawal of offensive language
(1) A Member who, in the opinion of the Presiding Member, uses an expression which—
(a) in the absence of a resolution under clause 8.15—
(i) reflects adversely on the character or actions of another Member or Officer; or
(ii) imputes any motive to a Member or Officer; or
(b) is offensive or insulting,
must, when directed by the Presiding Member, withdraw the expression and make a satisfactory
apology.
(2) If a Member fails to comply with a direction of the Presiding Member under subclause (1), the
Presiding Member may refuse to hear the Member further on the matter then under discussion and
call on the next speaker.
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Part 9—Preserving order
9.1 Presiding Member to preserve order
(1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call
any Member to order.
(2) When the Presiding Member speaks during a debate, any Member then speaking, or indicating that
he or she wishes to speak, is immediately to sit down and every Member present is to preserve strict
silence so that the Presiding Member may be heard without interruption.
(3) Subclause (2) is not to be used by the Presiding Member to exercise the right provided in clause 8.7,
but to preserve order.
9.2 Point of order
(1) A Member may object, by way of a point of order, only to a breach of—
(a) any of these Local Laws; or
(b) any other written law.
(2) Despite anything in these Local Laws to the contrary, a point of order—
(a) takes precedence over any discussion; and
(b) until determined, suspends the consideration or discussion of any other matter.
9.3 Procedures on a point of order
(1) A Member who is addressing the Presiding Member is not to be interrupted except on a point of
order.
(2) A Member interrupted on a point of order is to resume his or her seat until—
(a) the Member raising the point of order has been heard; and
(b) the Presiding Member has ruled on the point of order,
and, if permitted, the Member who has been interrupted may then proceed.
9.4 Calling attention to breach
A Member may, at any time, draw the attention of the Presiding Member to any breach of these local
laws.
9.5 Ruling by the Presiding Member
(1) The Presiding Member is to rule on any point of order which is raised by either upholding or rejecting
the point of order.
(2) A ruling by the Presiding Member on a point of order is to be final unless the majority of Members
then present and voting, on a motion moved immediately after the ruling, dissent from the ruling.
(3) Subject to a motion of dissent being carried under subclause (2), if the Presiding Member rules
that—
(a) any motion, amendment or other matter before the meeting is out of order, it is not to be
considered further; and
(b) a statement made or act done by a Member is out of order, the Presiding Member may require
the Member to make an explanation, retraction or apology.
9.6 Continued breach of order
If a Member—
(a) persists in any conduct that the Presiding Member had ruled is out of order; or
(b) refuses to make an explanation, retraction or apology required by the Presiding Member under
clause 9.5(3),
the Presiding Member may direct the Member to refrain from taking any further part in the matter
under discussion, other than by voting, and the Member is to comply with that direction.
9.7 Right of Presiding Member to adjourn
(1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting
for a period of up to 15 minutes.
(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.
(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the purpose
of preserving or regaining order, the second or subsequent adjournment may be to a later time on the
same day or to another day.
Part 10—Debate of substantive motions
10.1 Motions to be stated and in writing
Any Member who wishes to move a substantive motion or an amendment to a substantive motion—
(a) is to state the substance of the motion before speaking to it; and
(b) if required by the Presiding Member, is to put the motion or amendment in writing.
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10.2 Motions to be supported
(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has
been seconded.
(2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless the
motion has the support required under regulation 10 of the Regulations.
10.3 Unopposed business
(1) Immediately after a substantive motion has been moved and seconded, the Presiding Member may
ask the meeting if any Member opposes it.
(2) If no Member opposes the motion, the Presiding Member may declare it carried without debate and
without taking a vote.
(3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous decision
of the Council.
(4) If a Member opposes a motion, the motion is to be dealt with under this Part.
(5) This clause does not apply to a motion to revoke or change a decision which has been made at a
Council meeting (see Part 16).
10.4 Only one substantive motion at a time
When a substantive motion is under debate at a meeting of the Council, no further substantive motion
is to be accepted. The Council is not to consider more than one substantive motion at any time.
10.5 Order of call in debate
The Presiding Member is to call speakers to a substantive motion in the following order—
(a) the mover to state the motion;
(b) a seconder to the motion;
(c) the mover to speak to the motion;
(d) the seconder to speak to the motion;
(e) a speaker against the motion;
(f) a speaker for the motion;
(g) other speakers against and for the motion, alternating where possible; and
(h) mover takes right of reply which closes debate.
10.6 Limit of debate
The Presiding Member may offer the right of reply and put a substantive motion to the vote if he or she
believes that sufficient discussion has taken place even though all Members may not have spoken.
10.7 Member may require question to be read
A Member may require the question or matter under discussion to be read at any time during a debate,
but not so as to interrupt any other Member who is speaking.
10.8 Consent of seconder required for alteration
The mover of a substantive motion may not alter the wording of the motion without the consent of the
seconder.
10.9 Order of amendments
Any number of amendments may be proposed to a substantive motion, but when an amendment is
moved to a substantive motion, no second or subsequent amendment is to be moved or considered until
the first amendment has been withdrawn, carried or lost.
10.10 Form of an amendment
An amendment must add, delete, or substitute words to the substantive motion.
10.11 Amendment must not negate original motion
An amendment to a substantive motion cannot negate the original motion or the intent of the original
motion.
10.12 Relevance of amendments
Each amendment is to be relevant to the motion in respect of which it is moved.
10.13 Mover of motion may speak on amendment
Any Member may speak during debate on an amendment.
10.14 Effect of an amendment
If an amendment to a substantive motion is carried, the motion as amended then becomes the
substantive motion, on which any Member may speak and any further amendment may be moved.
10.15 Withdrawal of motion or amendment
(1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a motion or
amendment on the request of the mover of the motion or amendment and with the approval of the
seconder.
5076 GOVERNMENT GAZETTE, WA 10 November 2021
(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to
be withdrawn, except by consent of the majority of Members present, until the amendment proposed
has been withdrawn or lost.
10.16 Right of reply
(1) The mover of a substantive motion has the right of reply.
(2) The mover of any amendment to a substantive motion has a right of reply.
(3) The right of the reply may only be exercised—
(a) where no amendment is moved to the substantive motion—at the conclusion of the discussion
on the motion; or
(b) where one or more amendments have been moved to the substantive motion—at the conclusion
of the discussion on the substantive motion and any amendments.
(4) After the mover of the substantive motion has commenced the reply—
(a) no other Member is to speak on the question;
(b) there is to be no further discussion on, or any further amendment to, the motion.
(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no
new matter is to be introduced.
(6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as amended,
is immediately to be put to the vote.
Part 11—Procedural motions
11.1 Permissible procedural motions
In addition to the right to move an amendment to a substantive motion (under Part 10), a Member may
move the following procedural motions—
(a) that the meeting proceed to the next item of business;
(b) that the debate be adjourned;
(c) that the meeting now adjourn;
(d) that the question be now put;
(e) that the Member be no longer heard;
(f) that the ruling of the Presiding Member be disagreed with;
(g) that the meeting be closed to the public (see clause 6.2).
11.2 No debate
(1) The mover of a motion specified in paragraph (a), (b), (c), (f) or (g) of clause 11.1 may speak to the
motion for not more than five minutes, the seconder is not to speak other than to formally second the
motion, and there is to be no debate on the motion.
(2) The mover of a motion specified in paragraph (d) or (e) of clause 11.1 may not speak to the motion,
the seconder is not to speak other than to formally second the motion, and there is to be no debate on
the motion.
11.3 Who may move
No person who has moved, seconded, or spoken for or against the substantive motion, or any
amendment to the substantive motion, may move any procedural motion which, if carried, would close
the debate on the substantive motion or amendment.
11.4 Procedural motions—right of reply on substantive motion
The carrying of a procedural motion which closes debate on the substantive motion or amendment and
forces a decision on the substantive motion or amendment does not deny the right of reply to the mover
of the substantive motion.
11.5 Meeting to proceed to the next business
The motion “that the meeting proceed to the next business”, if carried, has the effect that—
(a) the debate on the substantive motion or amendment ceases immediately;
(b) no decision is made on the substantive motion;
(c) the Council moves to the next item of business; and
(d) there is no requirement for the matter to be raised again for consideration.
11.6 Debate to be adjourned
A motion “that the debate be adjourned”—
(a) is to state the time to which the debate is to be adjourned; and
(b) if carried, has the effect that all debate on the substantive motion or amendment ceases
immediately, but continues at the time stated in the motion.
11.7 Meeting now adjourned
(1) A Member is not to move or second more than one motion of adjournment during the same sitting
of the Council.
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(2) Before putting the motion for the adjournment of the Council, the Presiding Member may seek leave
of the Council to deal first with matters that may be the subject of an adoption by exception resolution.
(3) A motion “that the meeting now adjourn”—
(a) is to state the time and date to which the meeting is to be adjourned; and
(b) if carried, has the effect that the meeting is adjourned to the time and date specified in the
motion.
(4) A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned,
unless the Presiding Member or the Council determines otherwise.
11.8 Question to be put
(1) If the motion “that the question be now put”, is carried during debate on a substantive motion
without amendment, the Presiding Member is to offer the right of reply and then put the motion to the
vote without further debate.
(2) If the motion “that the question be now put” is carried during discussion of an amendment, the
Presiding Member is to put the amendment to the vote without further debate.
(3) This motion, if lost, causes debate to continue.
11.9 Member to be no longer heard
If the motion “that the member be no longer heard”, is carried, the speaker against whom the motion
has been moved cannot speak further on the current substantive motion, or any amendment relating
to it, except to exercise the right of reply if he or she is the mover of the substantive motion.
11.10 Ruling of the Presiding Member to be disagreed with
If the motion “that the ruling of the Presiding Member be disagreed with”, is carried, that ruling is to
have no effect and the meeting is to proceed accordingly.
Part 12—Disclosure of interests
12.1 Disclosure of interests
Disclosure of interests is dealt with in the Act.
Part 13—Voting
13.1 Question—when put
(1) Immediately after the debate on any question is concluded and the right of reply has been exercised,
the Presiding Member—
(a) is to put the question to the Council; and
(b) if requested by any Member, is to again state the terms of the question.
(2) A Member is not to leave the meeting when the Presiding Member is putting any question.
13.2 Voting
Voting is dealt with in the Act and the Regulations.
13.3 Majorities required for decisions
The majorities required for decisions of the Council and committees are dealt with in the Act.
13.4 Method of taking vote
(1) In taking the vote on any motion or amendment the Presiding Member—
(a) is to put the question, first in the affirmative, and then in the negative;
(b) may put the question in this way as often as may be necessary to enable him or her to determine
whether the affirmative or the negative has the majority of votes;
(c) may accept a vote on the voices or may require a show of hands; and,
(d) is, subject to this clause, to declare the result.
(2) If a Member calls for a show of hands, the result of the vote is to be determined on the count of raised
hands.
(3) If a member of council or a committee specifically requests that there be recorded—
(a) his or her vote; or,
(b) the vote of all members present,
on a matter voted on at a meeting of the council or committee, the person presiding is to cause the vote
or votes, as the case may be, to be recorded in the minutes.
(4) If a Member calls for a division—
(a) those voting in the affirmative are to pass to the right of the Chair; and
(b) those voting in the negative are to pass to the left of the Chair.
(5) For every division, the CEO is to record—
(a) the name of each member who voted; and
(b) whether he or she voted in the affirmative or negative.
5078 GOVERNMENT GAZETTE, WA 10 November 2021
Part 14—Minutes of meetings
14.1 Keeping of minutes
The keeping and confirmation of minutes are dealt with in the Act.
14.2 Content of minutes
(1) The content of minutes is dealt with in the Regulations.
(2) In addition to the matters required by regulation 11, the minutes of a Council meeting is to include,
where an application for approval is refused or the authorisation of a licence, permit or certificate is
withheld or cancelled, the reasons for the decision.
14.3 Public inspection of unconfirmed minutes
The public inspection of unconfirmed minutes is dealt with in the Regulations.
14.4 Confirmation of minutes
(1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to their
confirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes, the
Member may provide the Local Government with a written copy of the alternative wording to amend
the minutes no later than 7 clear working days before the next ordinary meeting of the Council.
(2) At the next ordinary meeting of the Council, the Member who provided the alternative wording
shall, at the time for confirmation of minutes—
(a) state the item or items with which he or she is dissatisfied; and
(b) propose a motion clearly outlining the alternative wording to amend the minutes.
(3) Members must not discuss items of business contained in the minutes, other than discussion as to
their accuracy as a record of the proceedings.
Part 15—Adjournment of meeting
15.1 Meeting may be adjourned
The Council may adjourn any meeting—
(a) to a later time on the same day; or
(b) to any other time on any other day, including a time which coincides with the conclusion of
another meeting or event.
15.2 Effect of adjournment
Where any matter, motion, debate or meeting is adjourned under these Local Laws—
(a) the names of Members who have spoken on the matter prior to the adjournment are to be
recorded in the minutes;
(b) debate is to be resumed at the next meeting at the point where it was interrupted; and
(c) the provisions of clause 8.9 [speaking twice] apply when the debate is resumed.
Part 16—Revoking or changing decisions
16.1 Requirements to revoke or change decisions
The requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of
the Regulations.
16.2 Limitations on powers to revoke or change decisions
(1) Subject to subclause (2), the Council or a committee is not to consider a motion to revoke or change
a decision—
(a) where, at the time the motion is moved or notice is given, any action has been taken under
clause 16.3 to implement the decision; or
(b) where the decision is procedural in its form or effect.
(2) The Council or a committee may consider a motion to revoke or change a decision of the kind
described in subclause (1)(a) if the motion is accompanied by a written statement of the legal and
financial consequences of carrying the motion.
16.3 Implementing a decision
(1) In this clause—
(a) “authorisation” means a licence, permit, approval or other means of authorising a person to do
anything;
(b) “implement”, in relation to a decision, includes—
(i) communicate notice of the decision to a person affected by, or with an interest in, the
decision; and
(ii) take any other action to give effect to the decision; and
(c) “valid notice of revocation motion” means a notice of motion to revoke or change a decision that
complies with the requirements of the Act, Regulations and the local laws and may be
considered, but has not yet been considered, by the Council or a committee as the case may be.
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(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a
meeting is not to be implemented by the CEO or any other person until the afternoon of the first
business day after the commencement of the meeting at which the decision was made.
(3) The Council or a committee may, by resolution carried at the same meeting at which a decision was
made, direct the CEO or another person to take immediate action to implement the decision.
(4) A decision made at a meeting is not to be implemented by the CEO or any other person—
(a) if, before commencing any implementation action, the CEO or that person is given a valid notice
of revocation motion; and
(b) unless and until the valid notice of revocation motion has been determined by the Council or
the committee as the case may be.
(5) The CEO is to ensure that members of the public attending the meeting are informed by an
appropriate notice that a decision to grant an authorisation—
(a) is to take effect only in accordance with this clause; and
(b) cannot be acted upon by the person who has been granted the authorisation unless and until
the decision has been implemented in accordance with this clause.
Part 17—Suspension of Local Laws
17.1 Suspension of Local Laws
(1) A Member may at any time move that the operation of one or more of the provisions of these Local
Laws be suspended.
(2) A Member moving a motion under subclause (1) is to state the reasons for the motion but no other
discussion is to take place.
(3) A motion under subclause (1) which is—
(a) seconded; and
(b) carried by an absolute majority,
is to suspend the operation of the clause or clauses to which the motion relates for the duration of the
meeting, unless the meeting earlier resolves otherwise.
17.2 Where local laws do not apply
(1) In situations where—
(a) one or more provisions of these local laws have been suspended; or
(b) a matter is not regulated by the Act, the Regulations or these Meeting Procedures,
the Presiding Member is to decide questions relating to the conduct of the meeting.
(2) The decision of the Presiding Member under subclause (1) is final, except where a motion is moved
and carried under clause 11.10.
17.3 Cases not provided for in local laws
The Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where
these local laws, the Act or the Regulations are silent. The decision of the Presiding Member in these
cases is final, except where a motion is moved and carried under clause 11.10.
Part 18—Meetings of electors
18.1 Electors’ general meetings
Electors’ general meetings are dealt with in the Act.
18.2 Matters for discussion at electors’ general meetings
The matters to be discussed at electors’ general meetings are dealt with in the Regulations.
18.3 Electors’ special meetings
Electors’ special meetings are dealt with in the Act.
18.4 Requests for electors’ special meetings
Requests for electors’ special meetings are dealt with in the Regulations.
18.5 Convening electors’ meetings
Convening electors’ meetings is dealt with in the Act.
18.6 Who presides at electors’ meetings
Who presides at electors’ meetings is dealt with in the Act.
18.7 Procedure for electors’ meetings
(1) The procedure for electors’ meetings is dealt with in the Act and the Regulations.
(2) In exercising his or her discretion to determine the procedure to be followed at an electors’ meeting,
the Presiding Member is to have regard to these local laws.
18.8 Participation of non-electors
A person who is not an elector of the Local Government shall not take part in any discussion at an
electors’ meeting unless the meeting, by resolution, permits the person do so.
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18.9 Voting at electors’ meetings
Voting at electors’ meetings is dealt with in the Regulations.
18.10 Minutes of electors’ meetings
Minutes of electors’ meetings are dealt with in the Act.
18.11 Decisions made at electors’ meetings
Decisions made at electors’ meetings are dealt with in the Act.
Part 19—Enforcement
19.1 Penalty for breach
A person who breaches a provision of these Local Laws commits an offence.
Penalty: $1,000.00 and a daily penalty of $100.00.
19.2 Who can prosecute
Who can prosecute is dealt with in the Act.
The Common Seal of the Shire of Carnarvon was affixed by authority of a resolution of the Council in
the presence of—
BURKE MASLEN, Deputy Shire President.
ANDREA SELVEY, Chief Executive Officer.
Dated: 29 October 2021.
———————————
Waste Avoidance and Resource Recovery Act 2007
Local Government Act 1995
Shire of Carnarvon
Waste Local Law 2021
Under the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007 and the Local
Government Act 1995 and under all other enabling powers, the Council of the Shire of Carnarvon
resolved on 22 June 2021 to make the following local law.
Part 1—Preliminary
1.1 Short title
This is the Shire of Carnarvon Waste Local Law 2021.
1.2 Commencement
This local law commences 14 days after the day on which it is published in the Government Gazette.
1.3 Application
This local law applies throughout the district.
1.4 Repeal
This Waste Local Law repeals Division 2 of Part 4 of the Shire of Carnarvon Health Local Laws 1997,
with the exception of clause 48, as published in the Government Gazette on 23 July 1997 (which include
amendments to Part 4 Division 2 of the Shire of Carnarvon Health Local Laws 1997 made by the Shire
of Carnarvon Health Amendment Local Law 2002).
1.5 Meaning of terms used in this local law
(1) In this local law—
authorised person means a person appointed by the local government under section 9.10 of the
LG Act to perform any of the functions of an authorised person under this local law;
collectable waste means local government waste that is not—
(a) liquid refuse;
(b) liquid waste; or
(c) non-collectable waste;
collectable waste receptacle means a receptacle for the deposit and collection of collectable waste
that is—
(a) a recycling waste receptacle;
(b) a general waste receptacle; or
(c) an organic waste receptacle;
10 November 2021 GOVERNMENT GAZETTE, WA 5081
collection when used in relation to a receptacle, means the collection and removal of collectable
waste from the receptacle by the local government or its contractor;
collection day means the day determined by the local government for the collection of collectable
waste in the district or a part of the district;
collection time means the time on the collection day determined by the local government for the
collection of collectable waste in the district or a part of the district;
costs of the local government include administrative costs;
Council means the council of the local government;
district means the district of the local government;
general waste receptacle means a receptacle for the deposit and collection of collectable waste
that is not recycling waste;
LG Act means the Local Government Act 1995;
LG Regulations means the Local Government (Functions and General) Regulations 1996;
local government means the Shire of Carnarvon;
local government waste has the same meaning as in the WARR Act;
non-collectable waste has the meaning set out in Schedule 1;
occupier in relation to premises, means any or all of the following—
(a) a person by whom or on whose behalf the premises are actually occupied; or
(b) a person having the management or control of the premises;
organic waste means waste that decomposes readily, such as garden waste or food waste;
organic waste receptacle means a receptacle for the deposit and collection of organic waste;
owner has the same meaning as in the LG Act;
public place includes a place to which the public ordinarily have access, whether or not by
payment of a fee;
receptacle means a receptacle—
(a) that has been supplied for the use of the premises by the local government or its contractor,
or which has otherwise been approved by the local government; and
(b) the waste from which is collected and removed from the premises by the local government
or its contractor;
recycling waste receptacle means a receptacle for the deposit and collection of recycling waste;
recycling waste means—
(a) paper and cardboard;
(b) plastic containers comprised of polyethylene terephthalate or high density polyethylene;
(c) glass containers;
(d) steel containers;
(e) aluminium containers;
(f) liquid paper board; and
(g) any other waste determined by the local government to be recycling waste;
specified means specified by the local government or an authorised person, as the case may be;
street alignment means the boundary between the land comprising a street and the land that
abuts the street;
WARR Act means the Waste Avoidance and Resource Recovery Act 2007;
waste has the same meaning as in the WARR Act;
waste facility means a waste facility, as defined in the WARR Act, that is operated by the local
government; and
waste service has the same meaning as in the WARR Act.
(2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and
occupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or
occupiers.
1.6 Local public notice of determinations
Where, under this local law, the local government has a power to determine a matter—
(a) Local public notice, under section 1.7 of the LG Act, must be given of the matter determined;
(b) The determination becomes effective only after local public notice has been given;
(c) The determination remains in force for the period of one year after the date that local public
notice has been given under subclause (a);
(d) After the period referred to in subclause (c), the determination continues in force only if, and
for so long as, it is the subject of local public notice, given annually, under section 1.7 of the LG
Act; and
(e) The determination must be recorded in a publicly accessible register of determinations that
must be maintained by the local government.
5082 GOVERNMENT GAZETTE, WA 10 November 2021
1.7 Rates, fees and charges
The local government’s powers to impose rates, fees and charges in relation to waste services are set
out in sections 66 to 68 of the WARR Act and section 6.16 and 6.17 of the LG Act.
1.8 Power to provide waste services
The local government’s power to provide, or enter into a contract for the provision of, waste services is
dealt with in section 50 of the WARR Act.
Part 2—Local government waste
2.1 Supply of receptacles
(1) The local government is to supply, for the use of each premises that are, or are capable of being,
occupied or used for residential purposes, one or more receptacles for the collection and removal, from
those premises, of collectable waste.
(2) The owner of premises to which subclause (1) applies must—
(a) ensure that the fee or charge (if any) imposed by the local government in relation to each
receptacle is paid to the local government; and
(b) ensure that each receptacle is used, in respect of those premises, in accordance with this local
law.
2.2 Deposit of waste in receptacles
(1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any non-
collectable waste.
(2) A person must not deposit waste in a receptacle that has been provided for the use of other premises
without the consent of the owner or occupier of those premises.
2.3 General waste receptacles
(1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste
receptacle—
(a) where the receptacle has a capacity of 140 litres—more than 70 kilograms of collectable waste;
or
(b) where the receptacle has any other capacity—more than the weight determined by the local
government.
(2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises
must not deposit or permit to be deposited in a general waste receptacle any recycling waste.
(3) Where the local government supplies organic waste receptacles, an owner or occupier of premises
must not deposit or permit to be deposited in a general waste receptacle any organic waste.
2.4 Recycling waste receptacles
An owner or occupier of premises must not deposit or permit to be deposited in a recycling waste
receptacle—
(a) anything other than the particular type of recycling waste for which that receptacle was
provided by the local government for those premises;
(b) where the receptacle has a capacity of 360 litres— more than 70 kilograms of recycling waste;
or
(c) where the receptacle has any other capacity—more than the weight determined by the local
government.
2.5 Organic waste receptacles
An owner or occupier of premises must not deposit or permit to be deposited in an organic waste
receptacle—
(a) anything other than the particular type of organic waste for which that receptacle was provided
by the local government for those premises;
(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or
(c) where the receptacle has any other capacity—more than the weight determined by the local
government.
2.6 Direction to place or remove a receptacle
(1) The local government or an authorised person may give a written direction to an owner or occupier
of specified premises—
(a) to place a receptacle in respect of those premises for collection; or
(b) to remove a receptacle in respect of those premises after collection.
(2) The direction under subclause (1) may specify when the placement or removal is to occur, or where
the receptacle is to be placed, or both.
(3) An owner or occupier of premises must comply with a direction given under this clause.
2.7 Duties of owner or occupier
An owner or occupier of premises must—
10 November 2021 GOVERNMENT GAZETTE, WA 5083
(a) except for a reasonable period before and after collection time, keep each receptacle in a storage
space or area that is behind the street alignment;
(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the premises,
or other area as determined by the local government, to ensure that, within a reasonable period
before collection time, each receptacle is—
(i) within 1 metre of the carriageway;
(ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way or
carriageway; and
(iii) facing squarely to the edge of and opening towards the carriageway,
or in such other position as is approved in writing by the local government or an authorised
person; and
(c) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as
practicable, after the event.
2.8 Exemption
(1) An owner or occupier of premises may apply in writing to the local government for an exemption
from compliance with the requirements of clause 2.7(a) or (b).
(2) The local government or an authorised person may grant, with or without conditions, or refuse an
application for exemption from compliance under this clause.
(3) An exemption granted under this clause must state—
(a) the premises to which the exemption applies;
(b) the period during which the exemption applies; and
(c) any conditions imposed by the local government or the authorised person.
(4) An exemption granted under this clause ceases to apply—
(a) if the local government decides, on reasonable grounds, that there has been a failure to comply
with a condition of the exemption; and
(b) from the date that the local government informs the owner or occupier of its decision under
clause 2.8(4)(a).
2.9 Damaging or removing receptacles
A person, other than the local government or its contractor, must not—
(a) damage, destroy or interfere with a receptacle; or
(b) except as permitted by this local law or as authorised by the local government or an authorised
person, remove a receptacle from any premises to which it was delivered by the local
government or its contractor.
2.10 Verge collections
(1) Where the local government has advertised a verge waste collection (such as a green waste, or a
bulk waste, verge collection) a person, unless with and in accordance with the approval of the local
government or an authorised person—
(a) must deposit waste only during the period of time, and in accordance with other terms and
conditions, as advertised by the local government in relation to that verge waste collection; and
(b) must otherwise comply with those terms and conditions.
(2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove
any of that waste for a commercial purpose but may remove it for any other purpose.
(3) Except where waste is lawfully removed from a verge under this clause, a person must not
disassemble or tamper with any waste deposited on a verge for a verge waste collection so as to increase
the risk of harm to any person.
(4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the local
government in relation to the verge waste collection.
Part 3—General duties
3.1 Duties of an owner or occupier
An owner or occupier of premises must—
(a) take reasonable steps to ensure that an adequate number of receptacles are provided to contain
all waste which accumulates or may accumulate in or from the premises;
(b) ensure that each receptacle is kept in good condition and repair;
(c) take all reasonable steps to—
(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches, rodents
and other vectors of disease;
(ii) prevent the emission of offensive or noxious odours from each receptacle; and
(iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining
premises.
(d) whenever directed to do so by the local government or an authorised person, thoroughly clean,
disinfect, deodorise and apply a residual insecticide to each receptacle.
5084 GOVERNMENT GAZETTE, WA 10 November 2021
3.2 Removal of waste from premises
(1) A person must not remove any waste from premises unless that person is—
(a) the owner or occupier of the premises;
(b) authorised to do so by the owner or occupier of the premises; or
(c) authorised in writing to do so by the local government or an authorised person.
(2) A person must not remove any waste from a receptacle without the approval of—
(a) the local government or an authorised person; or
(b) the owner or occupier of the premises at which the receptacle is ordinarily kept.
3.3 Receptacles and containers for public use
A person must not, without the approval of the local government or an authorised person—
(a) deposit household, commercial or other waste from any premises on or into; or
(b) remove any waste from,
a receptacle provided for the use of the general public in a public place.
Part 4—Operation of waste facilities
4.1 Operation of this Part
This Part applies to a person who enters a waste facility.
4.2 Hours of operation
The local government may from time to time determine the hours of operation of a waste facility.
4.3 Signs and directions
(1) The local government or an authorised person may regulate the use of a waste facility—
(a) by means of a sign; or
(b) by giving a direction to a person within a waste facility.
(2) A person within a waste facility must comply with a sign or direction under subclause (1).
(3) The local government or an authorised person may direct a person who commits, or is reasonably
suspected by the local government or the authorised person of having committed, an offence under this
clause to leave the waste facility immediately.
(4) A person must comply with a direction under subclause (3).
4.4 Fees and charges
(1) Unless subclause (3) applies, a person must, on or before entering a waste facility or on demand by
the local government or an authorised person, pay the fee or charge as assessed by an authorised
person.
(2) An authorised person may assess the fee or charge in respect of a particular load of waste at a rate
that applies to any part of that load, even if that rate is higher than the rate that would apply to any
other part of the load.
(3) Subclause (1) does not apply—
(a) to a person who disposes of waste in accordance with the terms of—
(i) a credit arrangement with the local government; or
(ii) any other arrangement with the local government to pay the fee or charge at a different
time or in a different manner; and
(b) to the deposit of waste owned by the local government, or in the possession of an employee on
behalf of the local government.
4.5 Depositing waste
(1) A person must not deposit waste at a waste facility other than—
(a) at a location determined by a sign and in accordance with the sign; and
(b) in accordance with the direction of an authorised person.
(2) The local government may determine the classification of any waste that may be deposited at a
waste facility.
4.6 Prohibited activities
(1) Unless authorised by the local government, a person must not—
(a) remove any waste or any other thing from a waste facility;
(b) deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or hazardous,
or the depositing of which is regulated or prohibited by any written law;
(c) light a fire in a waste facility;
(d) remove, damage or otherwise interfere with any flora in a waste facility;
(e) remove, injure or otherwise interfere with any fauna in a waste facility; or
(f) damage, deface or destroy any building, equipment, plant or property within a waste facility.
(2) A person must not act in an abusive or threatening manner towards any person using, or engaged
in the management or operation of, a waste facility.
10 November 2021 GOVERNMENT GAZETTE, WA 5085
Part 5—Enforcement
5.1 Objection and appeal rights
Division 1 of Part 9 of the Local Government Act 1995 applies to a decision under this local law to grant,
renew, vary or cancel—
(a) An approval under clause 2.7(b);
(b) An exemption under clause 2.8(2);
(c) An approval under clause 2.9(b);
(d) An approval under clause 2.10(1);
(e) An authorisation under clause 3.2(1)(c);
(f) An approval granted under clause 3.2(2); and
(g) An approval under clause 3.3.
5.2 Offences and general penalty
(1) A person who fails to do anything required or directed to be done under this local law, or who does
anything which under this local law a person is prohibited from doing, commits an offence.
(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not
exceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding $500
in respect of each day or part of a day during which the offence has continued.
5.3 Other costs and expenses
(1) A person who is convicted of an offence under this local law is to be liable, in addition to any penalty
imposed under clause 5.2, to pay to the local government the costs and expenses incurred by the local
government in taking remedial action such as—
(a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or
(b) making good any damage caused to a waste facility.
(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to the
local government, in a court of competent civil jurisdiction.
5.4 Prescribed offences
(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section
9.16(1) of the LG Act.
(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause
in Schedule 2.
5.5 Form of notices
(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in
section 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations.
(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in
Schedule 1 of the LG Regulations.
(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of
Form 3 in Schedule 1 of the LG Regulations.
Schedule 1—Meaning of ‘non-collectable waste’
non-collectable waste means—
(a) hot or burning material;
(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,
pesticides, oils, gas cylinders, batteries, chemicals and heavy metals;
(c) any other hazardous material, such as radioactive waste;
(d) any explosive material, such as flares or ammunition;
(e) electrical or electronic equipment;
(f) hospital, medical, veterinary, laboratory or pathological substances;
(g) construction or demolition waste;
(h) sewage;
(i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste)
Regulations 2004;
(j) any object that is greater in length, width, or breadth than the corresponding dimension of the
receptacle or that will not allow the lid of the receptacle to be tightly closed;
(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious
odour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or
impervious material or placed in a sealed impervious and leak-proof container; and
(l) any other waste determined by the local government to be non-collectable waste.
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Schedule 2—Prescribed offences
Item
No.
Clause No. Description Modified
Penalty ($)
1 2.1(2)(a) Failing to pay fee or charge 100
2 2.1(2)(b) Failing to ensure lawful use of receptacle 100
3 2.2(1) Depositing non-collectable waste in a receptacle 100
4 2.2(2) Depositing waste in another receptacle without consent 100
5 2.3(1) Exceeding weight capacity of a general waste receptacle 100
6 2.3(2) and (3) Depositing unauthorised waste in a general waste
receptacle
100
7 2.4(a) Depositing unauthorised waste in a recycling waste
receptacle
100
8 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle 100
9 2.5(a) Depositing unauthorised waste in an organic waste
receptacle
100
10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle 100
11 2.6(3) Failing to comply with a direction concerning placement or
removal of a receptacle
100
12 2.7(a) Failing to keep a receptacle in the required location 100
13 2.7(b) Failing to place a receptacle for collection in a lawful
position
100
14 2.7(c) Failing to notify of a lost, stolen, damaged or defective
receptacle
100
15 2.9(a) Damaging, destroying or interfering with a receptacle 150
16 2.9(b) Removing a receptacle from premises without permission
or authorisation
100
17 2.10(1) Failing to comply with a term or condition of verge waste
collection
100
18 2.10(2) Removing waste from a verge waste collection for
commercial purposes
150
19 2.10(3) Disassembling or tampering with waste deposited for
collection
150
20 3.1(a) Failing to provide a adequate number of receptacles 100
21 3.1(b) Failing to keep a receptacle in a good condition and repair 100
22 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a
receptacle
150
23 3.1(c)(ii) Failing to prevent the emission of offensive or noxious
odours from a receptacle
150
24 3.1(c)(iii) Allowing a receptacle to cause a nuisance 150
25 3.1(d) Failing to comply with a direction to clean, disinfect or
deodorise receptacle
150
26 3.2(1) Unauthorised removal of waste from premises 100
27 3.2(2) Removing waste from a receptacle without approval 100
28 3.3 Depositing household, commercial or other waste into, or
removing waste from, a receptacle provided for the use of
the general public in a public place without approval
100
29 4.3(2) Failing to comply with a sign or direction 100
30 4.3(4) Failing to comply with a direction to leave 100
31 4.4(1) Disposing waste without payment of fee or charge 100
32 4.5(1) Depositing waste contrary to sign or direction 100
33 4.6(1)(a) Removing waste without authority in a waste facility 250
34 4.6(1)(b) Depositing toxic, poisonous or hazardous waste at a waste
facility
500
35 4.6(1)(c) Lighting a fire in a waste facility 300
36 4.6(1)(d) Removing or interfering with any flora in a waste facility 300
37 4.6(1)(e) Removing or interfering with any fauna without approval
in a waste facility
300
38 4.6(1)(f) Damaging, defacing or destroying any building,
equipment, plant or property within a waste facility
500
39 4.6(2) Acting in an abusive or threatening manner 300
10 November 2021 GOVERNMENT GAZETTE, WA 5087
Consented to—
MIKE ROWE, Chief Executive Officer,
Department of Water and Environmental Regulation.
Dated this 2nd of March 2021.
The Common Seal of the Shire of Carnarvon was affixed by authority of a resolution of the Council in
the presence of—
BURKE MASLEN, Deputy Shire President.
ANDREA SELVEY, Chief Executive Officer.
Dated: 29 October 2021.
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