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Local Law: Public Places and Local Government Property

Community engagement has now closed. Comments were submitted from 10/07/2015 to 30/08/2015.

 

Information

Information

The City is in the process of updating its local laws. Many were made in 1999, and were contemporary in their day, but require updating.

It is proposed to make a Public Places and City Property Local Law to replace the:

  • Trading in Public Places Local Law 1999;

  • Part 4 of the Signs Local Law 1999 (whichrelates to community  information and special event signs in roads); and

  • Local Government and Public Property Local Law1999

The proposed new local law essentially regulates a wide number of activities on property under the City’s care, control and management, other than issues dealt with by an Act or Regulation.

This includes parks and reserves, beach areas, golf courses, verges and roads, libraries and community centres, swimming pools and the like.

The salient features of the proposed new local law are summarised below:

Part 1– contains definitions of terms used throughout the local law. Note too that it is proposed to apply the local law outside the district for a short distance of 200m outside the district boundary into the Indian Ocean to allow controls over swimming activities by the City (orsurf lifesaving clubs authorised by the City), and which requires the State Governor’s approval under s3.6 of the Local Government Act before the local lawis made.

Part 2 – introduces the power for Council to make‘Determinations’ with respect to particular types of local government propertyand their use. This area is intended to apply where the full process to amend a local law is inappropriate, but where some formalised means of regulating use is needed.

Note that the subjects about which Determinations can be made is limited to those listed in clauses 2.7 and 2.8, and that the procedure to make or amend determinations is in clause 2.2 and 2.6. The scope of subjects has been limited by the views taken by the WA Parliamentary Joint Standing Committee on Delegated Legislation, which reviews local laws on behalf of Parliament, and which has the power to recommend disallowance of a local law.

An initial suggested list of determinations is shown in Schedule 1 of the proposed new local law.

Part 3 relates to activities on City property that require a licence (note that licence, approvals and permits are the same thing). Under this Part, ‘City property’ is in essence all the property under the City’s care, control and management except streets, which are dealt with inPart 6.

Clause 3.1 contains a list of those activities where a licence is needed.

Part 4 deals with behaviour on City property. In particular, clauses 4.1 and 4.2 deal with behaviour that interferes with the enjoyment of others using City property, or damage to property.

Part 5 deals with those properties under the City’s control that need specific rules, in particular premises such as where afunction may be being held, fenced areas, golf courses, beaches, and the use of toilet and shower facilities by those of male and female gender.

Part 6 deals with activities in streets (note though that vehicles are dealt with under the City’s Parking Local Law). Clause 6.1lists general prohibitions in relation to streets and verges and relates to sight distance hazards, damage to streets and obstructions.

Clause 6.2 list those things that can be done only with a licence (permit).

Clause 6.3 deals with verge treatments, and removes the current requirement that the City has with respect to requiring anything otherthan a grass verge to be subject to a permit, and replacing it with a requirement to obtain a permit only where the proposed treatment differs fromthe local law or where materials proposed to be used are not on the list of acceptable materials maintained by the City under clause 6.4(3).

Clause 6.8 relates to the removal of redundant crossovers,6.10 allows the City to assign property numbers and clauses 6.15 and 6.16 give the City power to require adjoining property owners to redirect water sprinklers,remove dangerous plants or remove something that may have been placed unlawfully on a street.

Part 7 regulates particular activities in public places. Clause 7.1 deals with animals and vehicles in public places.

Clauses 7.3 to 7.6 deal with the problem of dumped shopping trolleys, which (amongst other things) must be marked with the retailers details. If left in a public place the City can ask the retailer to collect and can impound the trolley and/or fine the retailer if not collected.

Clause 7.4 also makes it an offence for a person to leave a shopping trolley in a public placeother than an area set aside for the storage of shopping trolleys.

Part 8 deals with all types of licences regulated by the local law such as hire of property, alfresco dining, entertainment,markets, goods on footpaths, and so on. Clauses 8.2 to 8.4 deal with licences generally, and clauses 8.5 and 8.6 contain a list of typical conditions that might apply to a licence.

Clauses 8.8 to 8.16 deal with the duration, renewals, transfer,suspension, cancellation of licences, and 8.17 to 8.22 miscellaneous issues.

Note that licence fees are set using the City’s annual budget not under the local law.

Part 9 deals with objections and reviews as required by Part 9 of the Local Government Act, which provides that a person may appeala decision made in relation to the granting, renewal, transfer, amendment,suspension or cancellation of a licence.

Part 10 gives the City a wide range of options with respect to enforcement of the local law if necessary. Specifically, this can beissuing notices to reinstate damage to City property, rectify a licence breach,prosecution or the application of a modified penalty. Note that under clause 10.4 the City can undertake work required by a notice if its requirements are not complied with and recover the cost of doing so from the responsible person.

Finally, Schedule 1 contains a list of suggested initial Determinations made under Part 2 of the proposed local law, and Schedule 2 a list of modified penalties, linked to the City’s proposed Penalty Units Local Law, under which one penalty unit will be $10.00.

Comments

Comments can be emailed to enquiries@wanneroo.wa.gov.au, mailed to the Chief Executive Officer, City of Wanneroo, Locked Bag, WANNEROO WA 6946, or made in person at the City of Wanneroo, Administrative Centre, 23 Dundebar Road, Wanneroo.

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