Fisheries (Abrolhos Islands) By-laws 1995 (WA)

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WESTERN 969
AUSTRALIAN
PERTH, WEDNESDAX 15 MARCH 1995 No. 36 SPECIAL
PUBLISHED BY AUTHORITY G. L. DUFFIELD, GOVERNMENT PRINTER AT 4.00 PM

FISHERIES ACT 1905

FISHERIES

(ABROLHOS ISLANDS) BY-LAWS 1995
15 March 19951 GOVERNMENT GAZETTE, WA 971

1

WESTERN AUSTRALIA

FISHERIES (ABROLHOS ISLANDS) BY- LAWS 1995

ARRANGEMENT

PART 1 - PRELIMINARY

1.            Citation

2.              Commencement

3.             Interpretation

4.
Application PART 2 - JETTIES

5.             Siting of jetties

6.             Unauthorized use of jetties

PART 3 - BUILDINGS AND FACILITIES

7.              Director ma waive requirements

8.
Transfer of acilities r

9.              Cam may become unauthorized structure

10.
~ u i l 8 n ~ s - general
11.
Buildings - minor changes
12.
Buildings - major changes and new buildings
972 GOVERNMENT GAZETTE, WA [ l5 March 1995
PART 4 - POWER AND MAINTENANCE

13.            Electrical power and wiring

14.            Gas

15.           Water tank maintenance

16.            Generators

17.            Machinery noise

PART 5 - UNAUTHORIZED STRUCTURES AND TERMINATION

OF TENANCY

18.           Interpretation

19.           Notice by Director

20.            Service of notice

21.            Non-compliance with notice

22.          Site of unauthorized structure to be cleared completely

PART 6 - SHARE ARRANGEMENTS AND DISPUTE PROCEDURE

Documentation of share arran ement

facilities, etc. Dispute over use of shared bui dlngs, 7 -
Duties of independent arbitrator
Determination to be referred to Minister
PART '7 - DISPOSAL OF WASTE

General prohibition of waste disposal
Food waste

Paper, plastic, cardboard, bait ba S, etc.

Non-hazardous and non-combusti le waste 6

Hazardous waste including oil, fuel, filters, batteries etc.
Campsite waste
Sewage

Incinerators

PART 8 - MISCELLANEOUS

Control of noise
Vehicles
No domestic pets allowed
Introduction of flora and fauna not allowed
Control of noxious or introduced plants, pests, vermin, etc.
Behaviour of persons when in the reserve

15 March l9951 GOVERNMENT GAZETTE, WA 973
FISHERIES ACT 1905
FISHERIES (AEIROLHOS ISLANDS) B Y - U W S 1995

Made by the Minister for F'isheries under section 31A

PART 1 - PRELIMINARY

Citation

1.      These by-laws may be cited as the Fisheries (Abrolhos Islands) By-laws

1995.  

Commencement

2.      These by-laws come into operation on 15 March 1995.

Interpretation

3.      In these by-laws, unless the contrary intention appears -

"approved" means approved by the Director;

"associated camp* means a camp including any associated jetty in the reserve which is allocate4 to an operator by virtue of ha t

licence;

"camp" includes all structures on or adjoining any island in the reserve which are associated with a licence;

"jetty" means a jetty which is attached to and leads onto land within the reserve;
'licence* means a licence, issued under section 32 of the Act, to take

rock lobster from Zone A of the West Coast Rock Lobster Limited

Entry Fishery;

'licensed boatn means a boat operated under a licence;
"operato?' means the person in charge of a licensed boat;

"share arrangement* means a valid written agreement to share facilities under by-law 23;

"the reserve" means Reserve No, 20253 classified as of Class "A".

Application

4.      These by-laws apply to all land, down to the low water mark, within the

reserve.

974 GOVERNMENT GAZETTE. WA [15 March 1995
PART 2 - JETTIES

Siting of jetties

S. (1) A person who wishes to construct a jetty must first; appIy to the

Director in the approved form.

(2) If the Director ves his approval following an application under sub-
bylaw (l), that approva may be subject to such conditions as the Director ?
considers are necessary in the part~cular case.

(3) A person referred to in sub-bylaw (1) shall not commence construction of a jetty unless the written approval of the Director 'has been

obtained. Penalty: not less than $100 or more than $1 000.

Unauthorized use of jetties
6. (1) A person, other than -
(a) the owner of;
(b) jetty; or

a person who is a party to a share arrangement in relation to the

(C) the person responsible for,
a jetty, shall not use that jetty without the written permission, in the approved manner, of a person set out in paragraph (a), (b) or (c).

Penalty: not less than $40 or more than $400.

bylaw (1) - (2) Where written permission has been obtained in accordance with sub-
(a) a copy of the written permission must be filed with the Geraldton
or Dongara ofice of the Department before the jetty is used by the person obtaining that permission; and
(b) appropriate boat and presented to an Inspector upon demand.
a copy of the written permission must be retained on board the
other than a licensed boat or an approved boat, to tie up to a jetty overnight. (3) Subject to sub-bylaw (1) and (2) a person shall not cause a boat,

Penalty: not less than $40 or more than $400.

(4) This by-law does not apply to -
(a) an emergency situation; or
(b) a jetty which is an approved public use jetty.
15 March l9951 GOVERNMENT GAZETTE, WA 975
PART 3 - BUILDINGS AND F'ACILI'I'ES

Director may waive requirements

7. (1) The Director may waive or vary any of the requirements in this Part, on a case-by-case basis if the circumstances are considered to be

exceptional, or of sufficient pubiic or heritage interest to do so.

whom or what i t applies, and under what circumstances. (2) Any waiver or variation must be in writing, and must specify to

Transfer of facilities

8. (1) The holder of a licence who applies to -
(a) transfer a licence;
(b) redistribute a total pot entitlement on a licence; or
(C) acquire a further licence and amalgamate that licence with another licence,

shall, a t the same time, apply in the approved manner to either transfer or

remove the associated camp (as the case requires).

application, made under sub-bylaw 8, to transfer or remove an assoc~ated (2) If the Director considers it a ropriate, the Director may approye an
must be endorsed on the approval. camp, and the Director may make that approval subject to conditions wh~ch
approval to transfer or remove an associated camp commits an offence. (3) A person who does not comply with the conditions endorsed on an

Penalty: not less than $100 or more than $1 000.

(4) A licence holder may apply in the approved manner, to relocate from
a former camp to another associated camp.
(5) If the Director considers i t appropriate the Director rna approve an
ap lication, made under sub-bylaw (41, to relocate, and the 6 ireceor may
m e that approval subject to conditions which must be endorsed on the approval. &
approval to relocate commits an offence. (6) A person who does not comply with the conditions endorsed on an

Penalty: not less than $100 or more than $1 000.

time during any single rock lobster season, but the crew may live aboard the 17) An operator must not operate from more than one camp at any one
boat during any per~od away from the camp.

Penalty: not less than $100 or more than $1 000.

976 GOVERNMENT GAZETTE, WA 115 March 1995

Camp may become unauthorized structure

9.   (1) Where a person -

does not comply with the conditions endorsed on an approval

(a) under by-law 8; or
(b) purports to transfer a camp without the approval of the Director,

the camp is an unauthorized structure for the purposes of Part 5.

paid by the owner of the camp pnor to an application for - (2) An amount determined by the Director from time to time shall be
(a) a transfer, a redistribution of ot entitlement or a further
acquisition referred to in by-law 8 h); or
(b) a relocation referred to in by-law 8 (41,

being approved and that amount shall -

(C) be returned to the owner (at the time of the application) of the cam U on compliance with the con&tions of any approval issued
by t i 8 e irector; or
(d) be used to defray the actual costs, including the administrative
costs, involved in removin part or all of a camp that becomes an
unauthorized structure un % er sub-bylaw (l).
Buildings - general
10. (1) The owner of a building which is to be constructed in the reserve

must ensure that all work to be undertaken on that building complies with

the written laws of the State relating to the control of building works.

Where, in the opinion of an inspector the owner of a building in the reserve fails to ade uately maintain that budding to an acceptable standard

(2)

(other than a stan c? ard relating to structural soundness), an inspector ma

order the owner to undertake, or cause to be undertaken, remedial worz
which -

is sufficient to bring the building up to an acceptable standard;

(a) and
(b) shall be completed within the time period set out in the order.
(3) Where an inspector suspects that a buildin in the reserve does not
meet the ap ropriate standard relating to structura soundness, an ins ector f
may order t e owner to obtain, and produce to an inspector, a report R R om a

r e ~ s t e r e d builder stating whether or no! that building complies with the wntten laws of the State relating to the minimum structural requirements for

that type of building.

15 March 19951 GOVERNMENT GAZETTE, WA 977

not meet the minimum structural requirements for that type of building an (4) If a report obtained under sub-bylaw (3) states that a building does inspector rna order the owner to undertake, or cause to be undertaken,

remedial wor which - l
(a) is sufficient in the opinion of a re 'stered builder to bring the
building up to the minimum standar ? S; and
(b) must be completed within the time period set out in the order.
( 5 ) A person who does not comply with an order under sub-bylaw (3, (3)

or (4) commits an offence.

Penalty: not less than $100 or more than $1 000.

Buildings - minor changes
11. (l) The owner of a buildin in the reserve who wishes to make any minor structural change to the buil 2 ing -

shall, if required by an inspector, obtain and produce a written

(a) report of a re 'stered builder stating that the changes will be safe
and structura ly sound; 7'
(b) under paragraph (a), with the Department; and shall file plans of the change, together with the report obtained
(C) shall not allow work to commence until the Director has given his
approval.

Penalty: not less than $25 or more than $250.

(2) For the purposes of this b -law, a minor structural change is a
modification or alteration to the bui r' ding which does not increase or modify the floor space or height of the building (including the addition of shade-cloth,
pergolas, verandahs and similar weather protection), but does not include -
(a) re-roofing that involves re-pitching that roof;
(b) internal work that involves the installation of split-level living
areas or the like; nor
(C) re-cladding of walls that increases the external dimensions or
floorspace of the building.
Buildings - major changes a n d new buildings

12.   (1) The owner of an existing building or the person proposing to

construct a new bui!din in the reserve shall, prior t o commencing an major
ehan e to an existmg %uilding or commencing the construction o a new ?
buil 8 ng, as the case requires -
(a) builder;

obtain and provide full structural plans approved by a registered

978 GOVERNMENT GAZETTE. WA [l5 March 1995
('b) endeavour to obtain the o inions of a majorit of the operators
building for the consi eration of the Director prior to the Director with associated cam s aSjacent to the bui ding or proposed 7
giving or withholding approval; and
(C) obtain the written approval of the Director.
Director considers are necessary In the particular case. (2) Approval under sub-bylaw (1) is subject to such conditions that the
(3)

For the purposes of sub-bylaw (l), the requisite opinions must be informed of (as a minimum) the pro osed common access areas, pathways,

obtained after each relevant operator, referred to in sub-bylaw (1) (b), is

drains, power plants and other like in rastructure. P
alteration to a buil%ng which increases or modifies &e floor space or height (4) For the pu oses of this by-law a major chan e is any modification or
of that building.
facilities under by-law 8 made up of more than - (5) A new camp or a camp being set up through the transfer of camp
(a) 3 living dwellings;
Cb) 1 store shed;
(C) 1 ablution block;
(d) the approved number of generator sheds for that camp; or
(e) the approved number of jetties for that camp,

(not including on-jetty storage facilities) will not be approved.

A building which is, or is being, constructed without complying with Director exempts the buildin , in writing, from compliance with the specific
building provisions with whic f! it does not comply.
this by-law is an unauthorized structure for the purposes of Part 5, unless the (6)
15 March l9951 GOVERNMENT GAZETTE. WA
PART 4 - POWER AND MAIN'JXNANCE
El-icaI power and wiring
13. (1) This by-law does not apply to 12 volt wiring.
An operator shall ensure that any power facilities in the operator's associated camp conform to the Standards Association of Austraha (SAN wiring rules for 240 volts.

(2)

(3) A erson who installs or replaces any electrical wirin other than

under sub- 8 ylaw (1) shall comply w t h such safe workin stan ards as are %
prescribed for electrical wiring work under the Electricity R ct 1945.
A person shall, before installin wiring for a new camp site, present a circuit L a g a m (single line dia am? to the Electricit Corporation and

(4)

obtain the C~rporations approval P or the wiring in that 8 iagram, and shall

file a copy of the diagram and the approval with the Department.

person is authorized to carry out that type of work under the Electricity A d (5) A person shall not undertake any electrical wiring work unless that

1945.

Penalty: $500.

Gas

14. (1) An operator shall ensure that all gas cylinders, tanks regulators

and fittings in that operator's associated cam comply with tAe relevant

provisions of the Gas Standards Regulations 198j.

In addition to complyin with sub-bylaw (l), an operator shall ensure that any gas cylinders are insta led on flat and level ground, or on flat, level 7

(2)

concrete or concrete slabs, and secured in an approved manner.

(3) A person shall not undertake gas fitting work unless -
(a) for class C and class D work in gas &ting under the Gas
the person holds a certificate of competenc or a permit endorsed
Standards Regulations 1983; and
(b) Standards Regulations 1983.

the work is done in accordance with the requirements of the Gas

Penalty: $500.

Water tank maintenance

16. Where the water supply to any premises which is intended for human

consumption is drawn, or partly drawn, from a water tank, the occupier of the
premises must -

(a) maintain the roof forming the catchment for the tank, to ether
with the S outing and downpipes appurtenant to the m$ in a clean and unctional state; P
980 GOVERNMENT GAZETTE, WA C15 March 1995
(b) a t least once a year, during the months of April and May thoroughly check any water tank, the water from which is used for human consumption for any sludge or detritus buildup, and, where necessary, clean the tank;
(C) for human consumption is fitted with a tight fitting, light-proof,

ensure that every water tank on the premises containing water

water-proof and secure cover; and

(d)

when ordered to do so by an inspector, empty, cleanse and disinfect any water tank on the premises.

Penalty: $250.

Generators

16. (1) A person shall, before installing a generator -
(a) be affected by the noise emitted by that enerator for the obtain the opinion in writing of the majority of operators likely to
consideration of the Director prior to the %irector giving or
withholding approval; and
(c) obtain the written approval of the Director.

Penalty: $500.

that the enerator is soundproofed and silenced to ensure that noise (2) Subject to by-law 17, a person who installs a generator shall ensure
emissions % o not exceed those set out in by-law 35.

Penalty: $500.

Machinery noise

17. (1) Where undue noise is being emitted by any machinery, an

inspector may, in writing, order the owner of, or person in charge of, the machinery to undertake work to ensure that the machine noise level is

reduced so that noise emissions do not exceed those set out inxy-law 35.
with that order within the time specified in that order. (2) A person to whom an order is given under sub-bylaw (1) shall comply

Penalty: $500.

15 March l9951 GOVERNMENT GAZETTE, WA 98 1
PART 5 - UNAUTHORIZED STRUCTURES AND TERMINATION

OF TENANCY

Interpretation

18.      In this Part -

'structure" means any building, jetty, power plant, or any other like facility;
"unauthorized structure" means -

(a)

a structure that has been erected without approval, abandoned, or is unsafe or is not secure, or does not conform with these by-laws, or becomes an unauthorized

and structure as a result of the operation of by-law 9 or 12 (6);
(b) has not been claimed by the Crown for its use or for specific community purpose use.

Notice by Director

19. (1) The Director may, by written notice served in accordance with by-
law 20 and identifying the unauthorized structure to wh~ch it relates, direct. a

person in occupat~on or control of an unauthorized structure to remove ~ t ,

together with its contents.

(where practicable) to the unauthorized structure, and shall be published - (2) A copy of the notice referred to in sub-bylaw (1) shall be afflxed
(a) in the Gazette; and
W Mid-West area.

in one or more daily newspapers circulating in Geraldton and the

Service of notice

20. (1) A notice under by-law 19 (1) may be served on the owner of, the
them, a s the case may be) - occupier of or the person in control of, an unauthorized structure (or all of
(a) in person; or
(b) by post,

in accordance with sections 75 and 76 of the Interpretation Act 2984.

in control of an unauthorized structure is unknown, or known to be absent (2) Notwithstanding sub-bylaw (l), where the owner occupier or person

from the State, the notice may be served by using the procedure in by-law notice may be addressed to "the person in or control of" the unauthotlzed 19 (21, and, when the person to whom it is to be addressed is unHnown,.the

description. structure (identifying it) to which the notice refers, without further name or
982 GOVERNMENT GAZETTE, WA 115 March 1995

unauthorized structure, i t is sufficient t . serve the notrce on one of them and (3) If more than one person is in apparent occupation or control of an

address it to that one with the addition of the words "and others" or ^and

another" as the case requires.

Non-service on the person in a parent control of the unauthorized occupation of the unauthorized structure, and non-service on the person in structure does not affect the validity o service on the person in apparent P
a parent occu ation of the unauthorized structure does not affect the validity
o service on t e person in apparent control of the unauthorized structure. F R
Non-compliance wi th notice

21. Where a person fails to comply with a notice served on him or her

under by-laws 1 9 or 20 within a period of 2 months from the time of service,
and the Director is satisfied -

(4)

(a) that the structure is an unauthorized structure;
(b) that the notice has been properly served; and
(C) that the person has not complied with the notice within the

period,

the Director may, in writing -

authorize an inspector to arrange for the removal of the
unauthorized structure and its contents;

authorize the destruction or sale of the unauthorized structure, or part of that structure, or its contents, or both the stmcture and its contents;

authorize the sale of the unauthorized structure or its contents or

both on condition that i t or they are removed upon sale;

authorize the recovery of costs, incurred in the removal, destruction or sale of the unauthorized structure, from the owner,
occupier or person in control of that structure; or
where the unauthorized structure or its contents are offered for
sale under paragraph (e) or (fl and -
(i) have not been sold; or
(ii) do not raise a sufficient amount a t sale to defray the cost of

removal, destruction or sale of that unauthorized structure

or its contents,

authorize the recovery of costs, or of the unsatisfied balance of the costs, from the person, or occupier, In control of the unauthorized structure or the owner, ar both.

15 March 19951 GOVERNMENT GAZETTE, WA 983

Site of unauthorized structure to be cleared completely

22. A person who is directed to remove an unauthorized structure under by-law 19 (1) shall clear the site of res~dual materials and rubbish.

Penalty: $400.

984 GOVERNMENT GAZETTE. WA 115 March 1995
PART 6 - SHARE ARRANGEMENTS AND DISPUTE PROCEDURE

Documentation of share arrangement

23. (1) Where it is agreed between 2 or more parties to share camp facilities, jetties, power outlets or lighting plants, the arties to that agreement must slgn a written agreement in the ap rove$form together
w t h illustrative diagrams relating to that agreement h?apprapriatej.
of the signed, written agreement is filed with the Department. (2) A written agreement under sub-bylaw (1) is not valid unless a copy
approval of the Director. (3) A written agreement cannot be amended without the written
Dis ute over use of shared buildings,
faci ities, etc. S
24. (1) If a dispute arises which relates to the use of a building, structure
following procedure may be used to resolve the dispute - or facility in the reserve, and which is the subject of a share arrangement, the

a party to the dispute may write to the Minister advising of the

(a) existence of the d~spute and may seek invocation of the dispute

procedure set out in this Part;

(b)
dis ute procedure and appoint an independent arbitrator to deal the Minister may, if he or she feels it is justified, invoke this
wit 'the dispute. R

(2) The Director may appoint an independent arbitrator to deal with disputes that have been running for longer than 6 months without signs of resolution.

Duties of independent arbitrator

25. (1) The independent arbitrator shall, following his or her

appointment -

(a) write to the arties known to be involved in the dispute seeking,
from each o them, a written statement of the grounds of the P
dispute; and

upon receipt of the grounds requested in paragraph (a), or after a

(b) reasonable time if elther or both do not reply, inform each party

of the known grounds of dispute.

relevant person? and allowing sufficient time to enable each party to put their (2) Afbr obtaining advice, if required, from the Director or other

side of the dispute, and following due consideraticn, the independent
arbitrator shall make a determination.

15 March 19951 GOVERNMENT GAZETTE, WA 985

Determination to be referred to Minister

26.   (1) A determination under by-law 25 (2) shall be referred by the

determination, and who shall inform the parties of the decision. independent arbitrator to the Minister who may decide to accept or reject the
(2) The decision of the Minister is binding upon the parties.
986 GOVEFWMENT GAZETTE, WA 115 March 1995
PART 7 - DISPOSAL OF WASTE

General prohibition of waste disposal

27. A person shall not dump or dispose of any waste on any island in the reserve, other than in accordance with these by-laws.

Penalty: $400.

Food waste

28. (1) A person may dispose of food waste -
(a) by dumping that waste a t sea; or
(b) by incinerating the waste in an incinerator.

(2) Where any unburnt residue remains after incineration of waste under sub-bylaw (l),

the

erson incinerating the waste shall ensure that the

residue is returned to t e mainland for disposal, or disposed of a t an ?l
approved dumping site.

Penalty: $400.

Paper, plastic, cardboard, bait bags, etc.

29. (1) A person shall not dispose of pa er, plastic, cardboard, bait bags,

or other combustible materials by dumping t g em a t sea.

Penalty: $400.

other combustible items of a like nature - (2) A person may dispose of paper, plastic, cardboard, bait bags and
(a) by returning these items to the mainland for disposal; or
(b) by incinerating these items in an incinerator.
bylaw (21, the person incinerating the items shall ensure that the residue i s (3) Where any unburnt residue remains after incineration under sub- disposed of by bagging or otherwise containing it, and dumping it at an
approved refuse dumping site.

Penalty: $400.

Non-hazardous a n d non-combustible waste

30. (1) A person may dispose of non-hazardous and non-combustible

materials, including cray-pots, water tanks, household and building
materials -

(a) by returning those materials to the mainland for disposal; or
(b) by dumping those materials a t an approved refuse dumping site.
15 March 19951 GOVERNMENT GAZETTE, WA 98 7

erson who disposes of the material referred to in sub-bylaw (1) by area other than the mainland or an approved refuse an offence.

Penalty: $1 000.

Hazardous waste including oil, fuel, filters, batteries etc.

31.      A person shall not dispose of any oil, fuel, engine filter or battery other

than by returning it to the mainland.

Penalty:  $1 000.

Campsite waste

32. (1) The operator shall provide an associated cam with fly-proof and
receptacles which may be used or the disposal of P
(2) An operator who establishes, or is in control of an associated camp is
responsible for kee in that camp, and any associated jetty or beach areas,
free from waste an g % ru bish.
rubbish from any part of a camp or adjacent beach areas. (3) An inspector may order the operator of a camp to remove waste or
(4) An operator who does not comply with an order under sub-bylaw (3)
commits an offence and in addition to an enalty to which that operator is
liable will be liable for any costs incurre d i P removal of the waste or rubbish

is undertaken by another person a t the request of the Director.

Penalty: $500, and a daily penalty of $20.

Sewage

33.      A person shall not dispose of sewage in any manner other than -

(a) where practicable, b use of a saltwater flushing outfall pipe
feeding directly into t e sea; K
(b) through a septic tank disposal system; or
(c) by use of an approved sewage disposal system a t an approved

s1h.

Penalty: $500.

Incinerators

34.   (1) An incinerator for the disposal of waste -

shall be constructed in a manner which allows combustion to

(a) occur in an efficient manner;
988 GOVERNMENT GAZETTE, WA [l5 March 1995
(b) if constructed wholly or partly of mesh, shaIl be made using a

mesh of not more than 50 millimetres; and

(C) shall be sited -
(i) in an area approved in writing by an inspector; and

(ii)

so that correct use does not cause smoke to become a nuisance.

(2) An operator who uses an incinerator shall ensure -
(a) that the incinerator is cleaned after use to avoid leaving unburnt

residues to remain or smoulder; and

(b) that he or she does not use the incinerator before noon, or such

other time as is determined by an inspector.

Penalty: $250.

15 March 19951 GOVERNMENT GAZETTE, WA 989

PART 8 - MISCELLANEOUS

Control of noise

35.    (1) A resident or visitor shall ensure that the noise emissions from

$0 not exceed the following levels - remises or motors in the reserve (other than boats), under his or her controI,
(a) 5OdB(A), between the hours of 6.00 a.m. and 7.00 p.m., on any day; or
(b) 40dB(A), between the hours of 7.00 p.m. on any day and 6.00 a m .
on the following day,

and shall ensure that tonal noise or impulses of noise which are unreasonably
loud are not emitted.

responsible for noise in excess of the levels set out in sub-bylaw (l), an (2) If an inspector receives a complaint alleging that a person is inspector ma investigate that complaint and, if ap ro riate, request the

person to un d' ertake reasonable measures to lower the eve of noise to comply P S with sub-bylaw (l).

(3) A erson shall not, without a lawful excuse, refuse to carry out a

request un f er sub-bylaw (2).

Penalty: $500.

decibels on a sound 'P eve1 meter or other sound level measuring e uipment (4) For the pu oses of this by-law, "dE3(A)" means the reading in using the A-weighting network specified for sound level meters m B art I or

Part 11, whichever is a plicable to the measuring equipment in question, of

Australian Standard d 1 2 5 9 of 1976.
Vehicles
has been issued by the Director stating the conditions that are to be complied
36. (1) A person shall not bring a vehicle into the reserve unless a permit
with when the vehicle is in the reserve.
Penalty: $1 000.
restrictions on - (2) Conditions under sub-bylaw (1) may include, but are not limited to,
(a) the time of day that the specified vehicle may be used;
(b) the person or persons that are allowed to use that vehicle;
(C) the period for which the permit is valid; and
(d) the purposes for which that vehicle can be used.
permit. (3) A person shall not use a vehicle in the reserve in contravention of a

Penalty: $500.

990 GOVERNMENT GAZETTE, WA [l5 March 1995

No domestic pets allowed

37.     A person shall not -

(a) keep a domestic pet in the reserve;
(b) to or come alongside any jetty in the reserve; or allow or cause a boat with a domestic animal on board to secure
(C) allow or cause any domestic animal to be landed onto any island
in the reserve.
Penalty:  $1 000.

Introduction of flora a n d fauna not allowed

38. A erson shall not introduce an species of flora or fauna to the reserve,
and the Department of Conservation and Land Management. unless t R a t person has first obtaine B the written permission of the Director
Penalty:  $1 000.

Control of noxious o r introduced plants, pests, vermin, etc.

39. (1) When carrying out measures for noxious or introduced plant

control, a resident of the reserve shall only use approved preventive and
control methods.

Penalty: $250.

an area that has not been approved by an inspector. (2) A resident shall not carry out noxious or introduced plant control in

Penalty: $250.

mosquitos or flies, a resident of the reserve shall only use approved (3) When carrying out measures to control rodents, cockroaches preventive and control methods.

Penalty: $250.
A resident shall not carry out any rodent or pest baiting pro amme in the reserve unless the resident has first obtained the approva of the B
Director.

(4)

Penalty: $250.

Behaviour of persons when i n t he reserve

40. (1) A person, while in the reserve shall not engage in behaviour which falls short of normal community standards and an ~nspector may dlrect a person to leave the reserve if, in the opinion of both an inspector and a majonty of residents in the area, that standard of behaviour is not mamtained by that person.

15 March 19951 GOVERNMENT GAZETTE, WA 991
(2) A person shall comply with a direction under sub-bylaw (1) within 24
hours of that direct~on being given.

Penalty: $500.

Dated this 14th day of February 1995.

MONTY HOUSE, Minister for Fisheries

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