The Local Government Act 1995 requires local governments to review their local laws every eight years to make sure they are still current and fit for purpose. The Town of Bassendean is proposing to review the Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2010.
Following this initial consultation phase and consideration of feedback received, a draft amended Local Law will be considered at a future Council meeting, prior to release to the public for a second consultation phase.
Please see the Discussion Paper below for further information on the Local Law and review process.
A copy of the Local Law is available on the Town’s website. A paper copy can be inspected or obtained from the Customer Service Centre and Bassendean Memorial Library during normal opening hours.
Submissions about the Local Law may be made to the Chief Executive Officer, Town of Bassendean, PO Box 87, Bassendean WA 6934 or [email protected] by Monday 27 January 2025.
Discussion Paper
Introduction
The Local Government Act 1995 requires local governments to review their Local Laws every eight years to make sure they are still current and fit for purpose.
The Town of Bassendean is proposing to review the Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2010.
Following this initial consultation phase and consideration of feedback received, a draft amended Local Law will be considered at a future Council meeting, prior to release for a second consultation phase.
Based on the Act, two phases of consultation are required, with the overall process as follows:
- Phase 1 Consultation (CURRENT STAGE). The first phase of engagement is open 4 December 2024- 25 January 2025.
- Review feedback received.
- Report to Council with draft amended Local Law: expected February/ March 2025 Ordinary Council Meeting.
- Phase 2 Consultation: Minimum 6 weeks.
- Review feedback received.
- Report to Council with final amended/ new Local Law
- Approval by Joint Steering Committee
- Gazettal of Local Law
The process to review local laws under the Act
The process to review Local Laws under the Act Section 3.16 of the Act provides the process for reviewing Local Laws. In 2006, the Department of Local Government published Local Government Operational Guidelines on Local Laws (Guidelines) discussing the requirements of a Local Law review conducted in accordance with section 3.16 of the Act. The Guidelines assist with the process to be followed to conduct eight-yearly reviews of current Local Laws to decide if they are to stay unchanged, be amended or repealed. After a Local Law is reviewed, there is a separate process under section 3.12 of the Act for amending an existing Local Law, making a new one or repealing one that is no longer fit for purpose.
Amend - make minor changes to the Local Law in order to make it fairer or more accurate, or to reflect changing circumstances. If the recommendation to Council is to amend, the draft Local Law will be presented to Council for permission to advertise for further consultation.
Repeal - to revoke or withdraw the Local Law formally if it is determined that it’s no longer fit for purpose. If the recommendation to Council is to repeal, the existing Local Law will be presented to Council for permission to advertise for further consultation.
Remain the same – No change means no further consultation required.
Summary: Town of Bassendean Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2010
Adopted: 23 November 2010
Gazetted: 7 June 2011
The Town of Bassendean Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2010 provides the purpose for regulation, control and management of activities in public places and thoroughfares (road reserves) within the Town. The effect of this Local Law is to regulate activities on thoroughfares and public places (including verge treatments, fencing, property numbers and vehicle crossings), advertising signs, obstructing animals, vehicles or shopping trolleys and trading. Some activities are permitted only under a permit e.g. stallholder’s and trader’s permits, and some activities are restricted or prohibited entirely. The Local Law provides for offences for inappropriate behaviour and activities in or on local government property.
New proforma model Local Laws have been introduced by WALGA since the gazettal of this Local Law and it is likely the review will guide amendments to this Local Law to align with the model provisions.
What are the objectives of the review?
The following is considered as part of the review of Local Laws:
- to consider if there are provisions that can be removed to address unnecessary regulation that imposes a burden on the community to comply where circumstances may not require it;
- to make sure provisions are easy to interpret and understand;
- to check they are consistent with other regulatory requirements, relevant Australian Standards and Council policies; and
- streamline administrative processes to make a Local Law easier to implement.
The key areas of improvement that have been identified include:
- Expand permissible verge treatments, to ensure consistency with the Town’s Verge Guidelines;
- Increase activities allowed with a permit;
- Clarification and simplification regarding advertising signs and trading; and
- Increase in modified penalties for offences (infringement value).
What feedback does the Town require at this stage?
The Town is seeking feedback on the proposal to review the Town of Bassendean Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2010 and any comments that may inform development of a draft amended Local Law.
Following close of consultation and consideration of comments, a draft amended Local Law will be presented to Council (expected in February/ March 2025) prior to the second phase of community consultation.