Local Government (Uniform Local Provisions) Amendment Regulations 2013 (WA)

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WESTERN	417
AUSTRALIAN GOVERNMENT

ISSN 1448-949X PRINT POST APPROVED PP665002/00041

PERTH, FRIDAY, 1 FEBRUARY 2013 No. 16 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 11.30 AM

© STATE OF WESTERN AUSTRALIA

Local Government Act 1995

Local Government (Uniform Local Provisions) Amendment Regulations 2013

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Local Government (Uniform Local
Provisions) Amendment Regulations 2013.

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day on which the Building Regulations 2012 Part 9 expires.

3.             Regulations amended

These regulations amend the Local Government (Uniform Local
Provisions) Regulations 1996.

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4.             Regulation 4 replaced

Delete regulation 4 and insert:

4.             Terms used

In these regulations, unless the contrary intention
appears —

goods has the meaning that it has in section 3.38 of the
Act;

Government road means —

(a)	a road declared by Order in Council under the Public Works Act 1902 section 86(2) to be a Government road; or
(b)	a highway or main road as those terms are defined in the Main Roads Act 1930 section 6;

lawful authority, in relation to the doing of a thing,

means —

(a)	the authority under a provision of a written law to do the thing; or
(b)	an authorisation, approval, licence, permit or other right, granted by the local government or any other person, under another written law, to do the thing; or
(c)	if neither paragraph (a) nor (b) applies, the written permission of the local government to do the thing;

local government in relation to land, a public
thoroughfare, a public place or local government
property, means the local government in whose district
the land, thoroughfare, place or property is located;

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specified, in relation to an application for a local government’s permission, means specified in the application.

5A.	Notes not part of regulations
Notes in these regulations are provided to assist understanding and do not form part of the regulations.

5.             Regulations 5 and 6 replaced

Delete regulations 5 and 6 and insert:

5.             Interfering with, or taking from, local government land

(1) A person must not, without lawful authority —

(a)	interfere with the soil of, or anything on, land that is local government property; or
(b)	take anything from land that is local government property.

Penalty: a fine of $5 000 and a daily penalty of $500

for each day during which the offence continues.

(2) A local government may, by written notice served on a
person who is carrying out plastering, painting or
decorating operations (the work) over or near a
footpath on land that is local government property,
require the person to cover the footpath during the
period specified in the notice so as to —

(a)	prevent damage to the footpath; or
(b)	prevent inconvenience to the public or danger from falling materials.

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(3)	A person given a notice under subregulation (2) must not continue to do the work in respect of which the notice was given unless the person complies with the notice.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.

6.             Obstruction of public thoroughfare by things placed and left — Sch. 9.1 cl. 3(1)(a)

(1)	A person must not, without lawful authority, place on a public thoroughfare anything that obstructs it.
Penalty: a fine of $5 000 and a daily penalty of $500

for each day during which the obstruction

continues.

(2)	A person may apply to the local government for permission to place on a specified part of public thoroughfare one or more specified things that may
obstruct the public thoroughfare.
(3)	Permission granted by the local government under this regulation —

(a)	must be in writing; and
(b)	must specify the period for which it is granted; and
(c)	must specify each condition imposed under subregulation (4); and
(d)	may be renewed from time to time; and
(e)	may be cancelled by giving written notice to the person to whom the permission was granted.

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(4) The local government may impose such conditions as it
thinks fit on granting permission under this regulation
including, but not limited to, any of the following —

(a)	conditions relating to the erection of hoardings, fences, walkways or other structures for the protection of the public thoroughfare or public safety (protective structures);
(b)	conditions about the placement of things in the public thoroughfare including conditions about the depositing of building materials or waste, or storage or other facilities in the public

thoroughfare;

(c)	a condition imposing a charge for any damage to the public thoroughfare resulting from the placement of a thing on the public thoroughfare;
(d)	a condition requiring the applicant to deposit with the local government a sum sufficient in the opinion of the CEO of the local government
to cover the cost of repairing damage to the public thoroughfare resulting from the placement of a thing or a protective structure, on the basis that the local government may retain from that sum the amount required for the cost of repairs by the local government if the damage is not made good by the applicant.

(5) It is a condition of the permission granted under this
regulation that —

(a)	placed things and protective structures are sufficiently illuminated every night from sunset to sunrise to prevent mishaps; and
(b)	protective structures are kept and maintained in good condition, to the satisfaction of the CEO of the local government, during such time as

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the CEO thinks necessary for the public safety

and convenience; and

(c)	placed things or protective structures are removed within a reasonable time after the person granted the permission is required in writing to do so by the local government; and
(d)	damage to the public thoroughfare resulting from the placement of a thing or a protective structure is repaired to the satisfaction of the CEO of the local government within a
reasonable time after the person granted the permission is required in writing to do so by the local government.

(6)	The local government may, when renewing permission granted under this regulation or at any other time, vary any condition imposed by it under subregulation (4)
and the variation takes effect when written notice of it is given to the person to whom the permission was granted.
(7)	A person granted permission under this regulation must comply with each condition of the permission.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.
(8)	The local government may charge a person granted permission under this regulation a fee of not more than $1.00 for each month or part of a month for each m2 of public thoroughfare that is enclosed by a hoarding or fence in accordance with the permission.
(9)	For the purposes of section 3.37 of the Act, a contravention of subregulation (1) or (7) is a contravention that can lead to impounding of goods
comprising a placed and left thing or structure.

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The note to inserted regulation 6 is to read:

Note: This regulation is of a kind prescribed in the Local Government

Act 1995 Schedule 3.1 Division 2 item 1. This means that an offender
might be given a notice under section 3.25(1)(b) of the Act and if the
notice is not complied with the local government may, under
section 3.26, itself do what the notice required and recover the cost
from the offender.

6.             Regulation 7 replaced

Delete regulation 7 and insert:

7A.	Obstruction of public thoroughfare by fallen things — Sch. 9.1 cl. 3(1)(b)
A person who is the owner or occupier of land must, when requested by the local government to do so, remove any thing that —

(a)	has fallen from the land, or from anything on the land; and
(b)	is obstructing a public thoroughfare.

Penalty: a fine of $5 000 and a daily penalty of $500

for each day during which the offence continues.

Note: This regulation is of a kind prescribed in the Local

Government Act 1995 Schedule 3.1 Division 2 item 1. This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.

7.             Encroaching on public thoroughfare — Sch. 9.1 cl. 3(2)

A person who is the owner or occupier of land on
which a structure is erected or a tree or other plant is
growing must, when requested by the local government
to do so, remove any part of the structure, tree or plant

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that is encroaching, without lawful authority, on a

public thoroughfare.

Penalty: a fine of $5 000 and a daily penalty of $500

for each day during which the offence continues.

The note to inserted regulation 7 is to read:

Note: This regulation is of a kind prescribed in the Local Government

Act 1995 Schedule 3.1 Division 2 item 1. This means that an offender
might be given a notice under section 3.25(1)(b) of the Act and if the
notice is not complied with the local government may, under
section 3.26, itself do what the notice required and recover the cost
from the offender.

See also Schedule 3.1 Division 1 items 7, 8, and 9 which may allow a similar notice relating to vegetation to be given even when no offence has been committed.

Schedule 3.2, item 7, could also be relevant.

7.             Regulation 8 replaced

Delete regulation 8 and insert:

8.             Separating land from public thoroughfare — Sch. 9.1 cl. 4

A person who is the owner or occupier of land must
keep in good repair any fence or gate that separates the
land from a public thoroughfare.

Penalty: a fine of $5 000.

The note to inserted regulation 8 is to read:

Note: See also the Local Government Act 1995 Schedule 3.1 Division 1

item 4, which, for related reasons, allows a person to be given a notice
under section 3.25(1)(a) of the Act and if the notice is not complied
with the local government may, under section 3.26, itself do what the
notice required and recover the cost from the person.

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8.             Regulation 9 amended

Delete regulation 9(3) to (8) and insert:

(3) Permission granted by the local government under this
regulation —

(a)	must be in writing; and
(b)	must specify the period for which it is granted; and
(c)	must specify each condition imposed under subregulation (4); and
(d)	may be renewed from time to time; and
(e)	may be cancelled by giving written notice to the person to whom the permission was granted.

(4)	The local government may impose such conditions as it thinks fit on granting permission under this regulation including, but not limited to, conditions on the construction, placement and maintenance of the gate or other device across the public thoroughfare.
(5)	The local government may, when renewing permission granted under this regulation or at any other time, vary any condition imposed by it under subregulation (4)
and the variation takes effect when written notice of it is given to the person to whom the permission was granted.
(6)	The local government may at any time, by written notice given to the person to whom permission was granted under this regulation, cancel the permission and request the person responsible for the gate or other device to remove it within a time specified in the request.

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(7)	A person to whom a request is made under subregulation (6) must comply with the request.
Penalty: a fine of $5 000.
(8)	A local government must keep a register of gates and other devices constructed in accordance with a permission granted under this regulation.

The note to amended regulation 9 is to read:

Note: This regulation is of a kind prescribed in the Local Government

Act 1995 Schedule 3.1 Division 2 item 1A. This means that an offender
might be given a notice under section 3.25(1)(b) of the Act and if the
notice is not complied with the local government may, under
section 3.26, itself do what the notice required and recover the cost
from the offender.

9.             Regulation 10 replaced

Delete regulation 10 and insert:

10.           Gate across thoroughfare not to be left open — Sch. 9.1 cl. 5(2)

A person who is responsible for a gate registered under
regulation 9(8) must ensure that the gate is not left
open.

Penalty: a fine of $1 000.

10.           Regulation 11 amended

Delete regulation 11(2) and (3) and insert:

(2) A person to whom a request is made under
subregulation (1)(b) must comply with the request.

Penalty: a fine of $5 000.

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(3)	A person must not, without lawful authority, make or make and leave an excavation in a public thoroughfare or land adjoining a public thoroughfare.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.
(4)	A person may apply to the local government for permission to make or make and leave an excavation of specified dimensions and in a specified way in a specified part of a public thoroughfare or on a specified part of land adjoining a public thoroughfare.
(5)	Permission granted by the local government under this regulation —

(a)	must be in writing; and
(b)	must specify the period for which it is granted; and
(c)	must specify each condition imposed under subregulation (6); and
(d)	may be renewed from time to time; and
(e)	may be cancelled by giving written notice to the person to whom the permission was granted.

(6) The local government may impose such conditions as it
thinks fit on granting permission under this regulation
including, but not limited to, any of the following —

(a)	conditions relating to the erection of hoardings, fences, walkways or other structures for the protection of the public thoroughfare, adjoining land or public safety (protective structures);
(b)	a condition imposing a charge for any damage to the public thoroughfare or adjoining land resulting from the excavation;

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(c)	a condition requiring the applicant to deposit with the local government a sum sufficient in the opinion of the CEO of the local government
to cover the cost of repairing damage to the public thoroughfare or adjoining land resulting from the excavation or a protective structure, on the basis that the local government may retain from that sum the amount required for the cost of repairs by the local government if the damage is not made good by the applicant.

(7) It is a condition of the permission granted under this
regulation that —

(a)	the excavation is securely fenced off from the public thoroughfare or adjoining land; and
(b)	protective structures are sufficiently illuminated every night from sunset to sunrise to prevent mishaps; and
(c)	protective structures are kept and maintained in good condition, to the satisfaction of the CEO of the local government, during such time as the CEO thinks necessary for the public safety and convenience; and
(d)	the excavation is filled in or protective structures are removed within a reasonable time after the person granted the permission is required in writing to do so by the local government; and
(e)	damage to the public thoroughfare or adjoining land resulting from the excavation or a protective structure is repaired to the satisfaction of the CEO of the local government within a reasonable time after the person granted the permission is required in writing to do so by the local government.

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(8)	The local government may, when renewing permission granted under this regulation or at any other time, vary any condition imposed by it under subregulation (6)
and the variation takes effect when written notice of it is given to the person to whom the permission was granted.
(9)	A person granted permission under this regulation must comply with each condition of the permission.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.

(10)	The local government may charge a person granted permission under this regulation a fee of not more than $1.00 for each month or part of a month for each m2 of public thoroughfare that is enclosed by a hoarding or fence in accordance with the permission.
(11)	For the purposes of section 3.37 of the Act, a contravention of subregulation (3) or (9) is a contravention that can lead to impounding of goods
comprising a protective structure or other thing placed in or near the excavation.

The note to amended regulation 11 is to read:

Note: This regulation is of a kind prescribed in the Local Government

Act 1995 Schedule 3.1 Division 2 item 2. This means that an offender
might be given a notice under section 3.25(1)(b) of the Act and if the
notice is not complied with the local government may, under
section 3.26, itself do what the notice required and recover the cost
from the offender.

11.           Regulation 12 amended

(1)	In regulation 12(1) after “may,” insert:
in writing and

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(2) In regulation 12(2):

(a)	delete “as defined in section 5(1) of the Road Traffic Act 1974”;
(b)	delete the penalty and insert:

Penalty: a fine of $5 000.

The note to amended regulation 12 is to read:

Note: This regulation is of a kind prescribed in the Local Government

Act 1995 Schedule 3.1 Division 2 item 2A(a). This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.

12.           Regulation 13 amended

Delete regulation 13(3) and (4) and insert:

(3) A person given a notice under subregulation (1) must
comply with the notice.

Penalty: a fine of $5 000.

13.           Regulation 14 amended

(1)	In regulation 14(1) delete “as defined in section 5(1) of the Road Traffic Act 1974”.
(2)	In regulation 14(2) after “approved” insert:
in writing

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(3)	Delete regulation 14(5) and (6) and insert:
(5) A person given a notice under subregulation (3) must comply with the notice.

Penalty: a fine of $5 000.

The note to amended regulation 14 is to read:

Note: This regulation is of a kind prescribed in the Local Government

Act 1995 Schedule 3.1 Division 2 item 2A(b). This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.

14.           Regulation 16 deleted

Delete regulation 16.

15.           Regulation 17 replaced

Delete regulation 17 and insert:

17.           Private works on, over, or under public places — Sch. 9.1 cl. 8

(1)	A person must not, without lawful authority, construct anything on, over, or under a public thoroughfare or other public place that is local government property.
Penalty: a fine of $5 000.
(2)	Subregulation (1) does not apply to the construction of things by or on behalf of the Crown.
(3)	A person may apply to the local government for permission to construct a specified thing on, over, or under a specified public thoroughfare or public place that is local government property.

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(4) Permission granted by the local government under this
regulation —

(a)	must be in writing; and
(b)	must specify the period for which it is granted; and
(c)	must specify each condition imposed under subregulation (5); and
(d)	may be renewed from time to time; and
(e)	may be cancelled by giving written notice to the person to whom the permission was granted.

(5) The local government may impose such conditions as it
thinks fit on granting permission under this regulation
including, but not limited to, any of the following —

(a)	a condition imposing a charge for any damage to the public thoroughfare or public place resulting from the construction;
(b)	a condition requiring the applicant to deposit with the local government a sum sufficient in the opinion of the CEO of the local government
to cover the cost of repairing damage to the public thoroughfare or public place resulting from the construction, on the basis that the local government may retain from that sum the amount required for the cost of repairs by the local government if the damage is not made good by the applicant.

(6) It is a condition of the permission granted under this
regulation that —

(a) the ordinary and reasonable use of the public thoroughfare or public place for the purpose to which it is dedicated is not to be permanently or unreasonably obstructed; and

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(b) the person carrying out the construction work ensures that a footpath of a public thoroughfare or other public place that is local government property is covered during the period specified in writing by the local government so as to —

(i)      prevent damage to the footpath; or

(ii)      prevent inconvenience to the public or danger from falling materials;

and

(c) damage to the public thoroughfare or public place resulting from the construction is repaired to the satisfaction of the CEO of the local government.

(7)	A person granted permission under this regulation must comply with each condition of the permission.
Penalty: a fine of $5 000 and a daily penalty of $500 for each day during which the offence continues.
(8)	A person who constructs anything in accordance with permission granted under this regulation must —

(a) maintain it; and

(b)	obtain from an insurance company approved by the local government an insurance policy, in the joint names of the local government and the
person, indemnifying the local government against any claim for damages which may arise in, or out of, its construction, maintenance or use.

Penalty: a fine of $5 000.

(9)	For the purposes of section 3.37 of the Act, a contravention of subregulation (1) or (7) is a contravention that can lead to impounding of goods
comprising a thing constructed on, over, or under a

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public thoroughfare or other public place that is local

government property.

The note to inserted regulation 17 is to read:

Note: This regulation is of the kind prescribed in the Local Government

Act 1995 Schedule 3.1 Division 2 item 3. This means that an offender
might be given a notice under section 3.25(1)(b) of the Act and if the
notice is not complied with the local government may, under
section 3.26, itself do what the notice required and recover the cost
from the offender. Schedule 9.1 item 8(4) is relevant.

See also Schedule 3.1 Division 1 item 3 which allows a similar notice
to be given even when no offence has been committed.

16.           Regulation 18 replaced

Delete regulation 18 and insert:

18.           Protection of watercourses, drains, tunnels and bridges — Sch. 9.1 cl. 9

(1)	A person must not, without lawful authority, alter, obstruct, or interfere with, any watercourse, drain, tunnel, or bridge that is local government property.
Penalty: a fine of $5 000.
(2)	A person must not, wilfully or negligently, cause or permit leaves, timber, logs or brushwood that is, or has been, growing on land occupied by that person, to fall into a watercourse that is local government property.
Penalty: a fine of $5 000.

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The note to inserted regulation 18 is to read:

Note: This regulation is of a kind prescribed in the Local Government

Act 1995 Schedule 3.1 Division 2 item 4. This means that an offender
might be given a notice under section 3.25(1)(b) of the Act and if the
notice is not complied with the local government may, under
section 3.26, itself do what the notice required and recover the cost
from the offender.

17.           Regulation 19 replaced

Delete regulation 19 and insert:

19.           Protection of thoroughfares from water damage — Sch. 9.1 cl. 10

A person must not, without lawful authority, alter,
obstruct, or interfere with the natural flow of surface
water across any thoroughfare or other land in such a
way as is likely to damage any thoroughfare that is
local government property.

Penalty: a fine of $5 000.

The note to inserted regulation 19 is to read:

Note: This regulation is of a kind prescribed in the Local Government

Act 1995 Schedule 3.1 Division 2 item 5. This means that an offender
might be given a notice under section 3.25(1)(b) of the Act and if the
notice is not complied with the local government may, under
section 3.26, itself do what the notice required and recover the cost
from the offender.

18.           Regulation 20 amended

In regulation 20(2) and (3) delete “is required to” and insert:

must

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19.           Regulation 21 amended

(1)	In regulation 21(2) delete “consent” and insert:
permission
(2)	Delete regulation 21(4) and (5) and insert:
(4) A person given a notice under subregulation (1) must comply with the notice.

Penalty: a fine of $5 000.

The note to amended regulation 21 is to read:

Note: This regulation is of a kind prescribed in the Local Government

Act 1995 Schedule 3.1 Division 2 item 6. This means that an offender
might be given a notice under section 3.25(1)(b) of the Act and if the
notice is not complied with the local government may, under
section 3.26, itself do what the notice required and recover the cost
from the offender.

See also Schedule 3.1 Division 1 item 6 which allows a similar notice
to be given even when no offence has been committed.

20.           Regulations 22 to 25 inserted

After regulation 21 insert:

22.           Persons with lawful authority under other written laws to notify local government of proposed action

(1)	In this regulation —
do a thing means do any of the following things —

(a) interfere with the soil of, or anything on, land that is local government property;

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(b)	take anything from land that is local government property;
(c)	place on a public thoroughfare anything that obstructs it;
(d)	make or make and leave an excavation in a public thoroughfare or land adjoining a public thoroughfare;
(e)	construct anything on, over, or under a public thoroughfare or other public place that is local government property;
(f)	alter, obstruct, or interfere with, any watercourse, drain, tunnel, or bridge that is local government property;
(g)	alter, obstruct, or interfere with the natural flow of surface water across any thoroughfare or other land in such a way as is likely to damage any thoroughfare that is local government property;

lawful authority under another written law, in relation

to doing a thing, means —

(a)	the authority under a provision of another written law to do the thing; or
(b)	an authorisation, approval, licence, permit or other right, granted under another written law by a person other than the local government, to

do the thing.

(2)	A person who has lawful authority under another written law to do a thing must ensure that at least 7 days before doing the thing, the local government is
given written notice of the lawful authority and the intention to do the thing.
Penalty: a fine of $5 000.

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23.           Objections and review

Part 9 Division 1 of the Act applies to —

(a)	the decision of a local government to give a notice under regulation 5(2); or
(b)	a decision of a local government made upon an application under regulation 12 or a decision by the Commissioner of Main Roads under

regulation 14(2) relating to the application; or

(c)	the decision of a local government to give a notice under regulation 13(1); or
(d)	the decision of the Commissioner of Main Roads to give a notice under regulation 14(3); or
(e)	the decision of a local government to give a notice under regulation 21(1),

and the applicant or person to whom the notice was
given, as the case requires, is an affected person for the
purposes of applying that Division.

Note: The Local Government Act 1995 section 9.1(1) provides that Part 9 Division 1 applies when a local government makes a decision under the Act as to whether it will grant, renew,

vary, or cancel an authorisation, as defined in section 9.2,
under a regulation that operates as if it were a local law.

24.           Infringement notice offences

(1)	An offence described in Schedule 1 column 1 is prescribed for the purposes of section 9.16(1) of the Act.
(2)	The amount specified in Schedule 1 column 2 for the offence is the modified penalty that is to be specified in an infringement notice given for that offence.

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25.           Transitional and savings provisions

(1)	In this regulation —
expiry day means the day on which the Building Regulations 2012 Part 9 expires;
expired Part 9 means the Building Regulations 2012 Part 9 as in force immediately before it expired.
(2)	A licence that was —

(a)	granted under the expired Part 9 regulation 64; and
(b)	in effect immediately before expiry day; and
(c)	for the purpose of authorising a person to deposit materials on a street, way or other public place,

is, on and from expiry day, to be taken to be permission
granted by the local government under regulation 6 of
these regulations and subject to the conditions applying

to the licence immediately before expiry day.

(3)	An application for a licence mentioned in subregulation (2) that had been made, but not decided, by a local government, before expiry day is, on and from expiry day, to be taken to be an application under regulation 6(2) of these regulations for which the application fee, if any, has been paid.
(4)	A review under the expired Part 9 regulation 64(7) —

(a)	of the refusal to grant a licence under the expired Part 9 regulation 64 for the purpose of authorising a person to deposit materials on a street, way or other public place; or
(b)	of the conditions imposed on a licence mentioned in subregulation (2),

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that was started, but not finalised, before expiry day
must be dealt with as if the expired Part 9 had not
expired, and a licence that is granted or varied as a
result of such a review is to be taken to be permission
granted by the local government under regulation 6 of
these regulations subject to the conditions applying to

the licence on its grant or variation.

(5) A licence that was —

(a)	granted under the expired Part 9 regulation 64; and
(b)	in effect immediately before expiry day; and
(c)	for the purpose of authorising a person to make an excavation on land abutting or adjoining a street, way or other public place,

is, on and from expiry day, to be taken to be permission granted by the local government under regulation 11 of these regulations and subject to the conditions applying to the licence immediately before expiry day.

(6)	An application for a licence mentioned in subregulation (5) that had been made, but not decided, by a local government, before expiry day is, on and from expiry day, to be taken to be an application under regulation 11(4) of these regulations for which the application fee, if any, has been paid.
(7)	A review under the expired Part 9 regulation 64(7) —

(a)	of the refusal to grant a licence under the expired Part 9 regulation 64 for the purpose of authorising a person to make an excavation on land abutting or adjoining a street, way or other public place; or
(b)	of the conditions imposed on a licence mentioned in subregulation (5),

1 February 2013 GOVERNMENT GAZETTE, WA 441

Local Government (Uniform Local Provisions) Amendment Regulations 2013

r. 20

that was started, but not finalised, before expiry day
must be dealt with as if the expired Part 9 had not
expired, and a licence that is granted or varied as a
result of such a review is to be taken to be permission
granted by the local government under regulation 11 of
these regulations subject to the conditions applying to

the licence on its grant or variation.

(8) Subregulations (2) to (7) do not prejudice or affect the
application of the Interpretation Act 1984 to and in
relation to the expiry of the Building Regulations 2012
Part 9 concerning —

(a)	the enforcement of any notice under the expired Part 9 regulation 65(h) or 66(2)(b); or
(b)	the institution, continuation or enforcement of any legal proceeding for an offence under the expired Part 9 regulation 63, 64 or 67; or
(c)

the institution, continuation or enforcement of regulation 67(3).

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Local Government (Uniform Local Provisions) Amendment Regulations 2013

r. 21

21.           Schedule 1 inserted

At the end of the regulations insert:

Schedule 1 — Infringement notice offences and

modified penalties

[r. 24]

Column 1 Column 2

Description of offence $

Interfering with, or taking	500
anything from, land that is local government property without lawful authority (in contravention of r. 5(1))
Placing on a public thoroughfare	500
anything that obstructs it without lawful authority (in contravention of r. 6(1))
Leaving open a gate registered	100
under regulation 9(8) (in contravention of r. 10)
Making an excavation in a	500
public thoroughfare or land adjoining a public thoroughfare without lawful authority (in contravention of r. 11(3))

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Local Government (Uniform Local Provisions) Amendment Regulations 2013

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Column 1 Column 2

Constructing anything on, over,	500
or under a public thoroughfare or other public place that is local government property without lawful authority (in contravention of r. 17(1))
Not giving a local government at	500
least 7 days’ written notice of lawful authority under another written law to do a thing and the
intention to do the thing (in contravention of r. 22(2))

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.

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