Local Government Model By-laws (Vehicle Wrecking) No. 17 (WA)

Western Australia

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960

Local Government Model By-laws (Vehicle Wrecking) No. 17

Superseded by Local Laws made under the Local Government Act 1995.

Western Australia

Local Government Model By-laws (Vehicle Wrecking) No. 17 Contents

Western Australia

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960

Local Government Model By‑laws (Vehicle Wrecking) No. 17

Local Government Department,

Perth, 20th September, 1965.

L.G. 254/64.

HIS Excellency the Governor in Executive Council, acting pursuant to the powers conferred by the Local Government Act 1960, has been pleased to cause the draft model by‑laws set out in the schedule hereto to be prepared and published.

R.C. PAUST,

Secretary for Local Government.

1.Citation

These by‑laws may be cited as the Local Government Model By‑laws (Vehicle Wrecking) No. 17.

2.Interpretation

In these by‑laws, unless the context requires otherwise — 

“vehicle” means an old or disused motor vehicle or any old machinery, whether part of a motor vehicle or not;

“wreck” includes the dismantling, breaking up, storage and disposal of vehicles and inflexions and derivatives of the verb have a corresponding meaning.

3.Wrecking vehicles prohibited except in certain zones

Subject to the provisions of by­law 4 of these by‑laws, a person shall not wreck vehicles on any land, other than such as is zoned for industrial purposes, for an appropriate special industrial purpose or for noxious trade purposes, under a Town Planning Scheme or under a zoning by‑law made pursuant to the Local Government Act 1960.

4.Transitional

• (1)

  Where, prior to the adoption of these by‑laws, a person was wrecking vehicles on land other than such as is mentioned in by‑law 3 of these by‑laws, he may, subject to his compliance with the succeeding provisions of these by‑laws continue to do so, unless he, at any time thereafter, desists from that activity for a period exceeding three months.

• (2)

  A person wrecking vehicles under the provisions of this by‑law shall not, unless he obtain the consent in writing of every occupier of adjoining land to do so, engage in that activity on a Sunday or between the hours of 8 p.m. on one day and 7 a.m. on the following day.

5.Nuisance; storage of vehicles; tree screen

Every person wrecking vehicles shall — 

• (a)

  comply with all by‑laws relating to nuisance;

• (b)

  maintain those vehicles that are not immediately required to be dismantled or broken up or that have been dismantled and broken up and are not immediately disposed of, in neat rows not exceeding 2.4 metres in height; and

• (c)

  provide, or make provision for, a screen of trees or shrubs between the building line and the street alignment to the satisfaction of the Council, but not so as to restrict visibility at an intersection.

[Regulation 5 amended by Gazette 21 June 1974 p.2091.]

6.Storage of vehicles

A person wrecking vehicles shall not — 

• (a)

  store any vehicles — 

  • (i)

    over any area of land exceeding 8 100 square metres;

  • (ii)

    in any number exceeding 600 per 4 000 square metres, where the vehicles have been reduced, by pressure or other process, to a mass of 1.7 cubic metres or less, or exceeding 200 per 4 000 square metres, where they have not been so reduced; or

  • (iii)

    except within a building, between a building line and a street alignment, within nine metres of a street alignment or within three metres of land not in the same occupancy;

or

• (b)

  destroy any portion of a vehicle by fire, so that annoyance is occasioned to occupiers of adjoining land by smoke or odour.

[Regulation 6 amended in Gazette 21 June 1974 p.2091.]

7.Penalty for breach of by-laws

Every person contravening the provisions of these by‑laws is liable to a penalty of fifty pounds.

Notes

1         This is a compilation of the Local Government Model By‑laws (Vehicle Wrecking) No. 17. and includes the amendments referred to in the following Table.

Compilation table

Citation	Gazettal	Commencement
Local Government Model by‑laws (Vehicle Wrecking) No. 17.	12 Oct 1965 p. 3537	12 Oct 1965
21 Jun 1974 p. 2091
Superseded by Local Laws made under the Local Government Act 1995