Background

At its 22 June 2021 Meeting, Council approved (Item 12.2) advertising the proposed Local Government Property Local Law 2021. After the advertising period closed, Council approved the making of the Local Government Property Local Law 2021, at its 16 November 2021 Meeting (Item 9.6).

The Local Government Property Local Law 2021 was provided to the Joint Standing Committee on Delegated Legislation on 10 December 2021 for their review of the local law. The JSCDL is a joint committee of the Parliament of Western Australia. The committee has been delegated, by Parliament, the task of scrutinising subsidiary legislation.

On 24 February 2022, the JSCDL considered the local law and advised Mayor Emma Cole to action certain undertakings. In fulfilling the requested undertakings, the City is required to make the Local Government Property Amendment Local Law 2022 within six months, by 24 August 2022. This would be made in accordance with all mandatory procedural steps contained in section 3.12 of the Local Government Act 1995.

At its 17 May 2022 Meeting, Council approved (Item 12.2) advertising the proposed Local Government Property Amendment Local Law 2022.

The City is now inviting your feedback on the draft Local Government Property Amendment Local Law 2022. The proposed Amendment Local Law is available to view in full from the document library.

Click the survey below to have your say.

What is the purpose of the proposed Amendment Local Law?

The purpose of the City of Vincent Local Government Property Amendment Local Law 2022 is to:

1. amend clause 1.6 by inserting additional definitions for ‘election day’, ‘election period’, and ‘election sign’;
2. amend clause 5.3(l) to delete the restriction on mobile phone use in a change room at a community facility, and to insert the restriction on any person taking images or recording of another person without their prior consent in a change room at a community facility;
3. amend clause 5.14 to specify the responsibility of property owners to maintain awnings, balconies, and verandahs applies to those which are erected over a thoroughfare;
4. amend clause 5.16(c) and (d) to specify that smoke free areas do not include vehicles within thoroughfares;
5. amend clause 6.1(e) to change term from a ‘minor nature development’ to a ‘minor sign’ and provide further clarity to the definition;
6. amend clause 6.8 to align with the City’s Election Signs Policy provisions for erection of signs on local government property without requiring a permit and to specify conditions for the City in determining an application for a permit for an election sign;
7. delete clause 13.2(f) to remove the provision for an approved manager to refuse entry, suspend admission, or direct a person to leave a local government facility due to a person being deemed undesirable by reason of their past conduct; and
8. amend typographical errors in and further clarify clauses 1.6, 4.4(2), 5.13, 6.2(2)(a), 6.3(1), 6.3(2)(a), 9.3(2), 9.7(1)(f), and 9.11(1).

What effects will the proposed Amendment Local Law have?

The effect of the City of Vincent Local Government Property Amendment Local Law 2022 is to:

1. note and clarify new definitions used throughout additions to clause 6.8 regarding election signs;
2. clarify that no images or recording shall be taken of another person in a change room at a community facility without their prior consent;
3. clarify that owners with properties which have awnings, balconies, and verandahs over thoroughfares have a public safety duty to maintain them;
4. clarify that persons smoking within their own private property (being a vehicle) situated on a thoroughfare in a smoke free area is not prohibited by the local law;
5. remove any confusion due to terminology used for signs in local planning policies and the City of Vincent’s Local Planning Scheme No. 2;
6. clarify the conditions under which erection of an election sign on local government property does not require a permit and to provide guidance for the City in determining an application for a permit for an election sign;
7. remove grounds for discrimination in this manner against any person on local government property or in a community facility by an authorised person or approved manager; and
8. provide clarity in clauses 1.6, 4.4(2), 5.13, 6.2(2)(a), 6.3(1), 6.3(2)(a), 9.3(2), 9.7(1)(f), and 9.11(1).

Have your say

To share your thoughts on the proposed Local Law, complete the survey below or email us at mail@vincent.wa.gov.au

Submit your thoughts by 5pm Sunday 3 July 2022.