Local Government Property Local Law 2021

Published on Friday, 30 July 2021 at 12:58:12 PM

Background

At its 28 July 2020 Meeting, Council resolved (Item 12.7) to provide public notice of its proposal to repeal the City of Vincent Local Government Property Local Law 2008 and replace it with the proposed Local Government Property Local Law 2020.

The proposed 2020 Local Law was put on hold due to requiring a number of changes.

At its 20 October 2020 Meeting, Council approved (Item 9.4) the adoption of the Public Health Plan 2020-2025 (PHP).

A key objective within the PHP is to achieve ‘Smoke-free Town Centres by 2025’, to reduce community exposure to environmental tobacco smoke.

In response to the PHP, Administration made substantive amendments to Part 1 (Preliminary) and Part 5 (Matters relating to particular local government property) of the 2020 Local Law to reflect the smoke-free town centres objective of the PHP.

These changes triggered the requirement to recommence the making of the Local Law.

At its 22 June 2021 Meeting, Council approved (Item 12.2) the recommencement of the process of repealing the Local Government Property Local Law 2008 and adopting the Local Government Property Local Law 2021.

The City is now inviting your feedback on the draft Local Government Property Local Law 2021. The proposed Local Law is available to view in full from the document library here.

Click the survey below to have your say.

What is the purpose of the proposed Local Law?

The purpose of repealing the City of Vincent Local Government Property Local Law 2008 and replacing it with the City of Vincent Local Government Property Local Law 2021 is to:

1. increase the efficiency in the management of signs located on local government property;
2. provide the City with a discretion to require a permit for the erection or display of an election sign on local government property;
3. remove provisions regarding animals;
4. assist with the management and regulation of security deposits and bank guarantees provided by developers constructing on private land;
5. increase the deterrent for:
(a) causing damage to local government property;
(b) increasing the risk of public harm or harming fauna on local government property; and
(c) using local government property for a commercial activity without a permit;
6. increase the deterrent for offensive and indecent behaviour on local government property;
7. increase the efficiency in the management (beautification) of verges;
8. deter damage or removal of trees on verges, thoroughfares or local government property;
9. prohibit and effectively deter the use of recording devices within change rooms;
10. amend the local law in accordance with prior advice received from the Department of Local Government, Sport and Cultural Industries;
11. make administrative modifications so that the local law aligns with common practice and the City’s current objectives and processes; and
12. provide the City with discretion to make a determination prescribing a local government property or thoroughfare as a smoke free area.

What effects will the proposed Local Law have?

The effect of the repeal and replacement of the City of Vincent Local Government Property Local Law 2008 with the City of Vincent Local Government Property Local Law 2021 is that:

1. conditions relating to when a sign permit will be required are now provided;
2. election signs placed on local government property will now be governed by the proposed City of Vincent Election Signs Policy;
3. provisions relating to animals will be incorporated into the proposed City of Vincent Animals Local Law;
4. when and how the City may use security deposits or bank guarantees to rectify damage to local government property is regulated;
5. increased penalties will apply for:
(a) causing damage to local government property;
(b) using local government property for a commercial activity without a permit;
(c) taking, injuring or killing (or attempting to) any fauna on local government property; and
(d) placing/draining offensive fluid or lighting a fire on a thoroughfare without a permit;
6. increased penalties will apply for:
(a) offensive behaviour in a toilet block or changeroom on local government property;
(b) being indecently clothed on local government property; and
(c) spitting on or within community facilities;
7. the conditions relating to management (beautification) of verges, prescribed in the City’s relevant policy, are incorporated in the local law;
8. increased penalties will apply for damage or removal of trees on verges, thoroughfares or local government property;
9. the use of recording devices within change rooms is prohibited and an appropriate penalty is applicable;
10. amendments are incorporated in the local law in line with the Department of Local Government, Sport and Cultural Industries recommendations;
11. administrative modifications are made to ensure the local law aligns with common practice and the City’s current objectives and processes; and
12. the procedure for making a smoke free area determination is specified and a penalty for smoking in a smoke free area is applicable.

Smoke-free Amendments

Amendments to Part 1 (Preliminary) and Part 5 (Matters relating to particular local government property) of the previously advertised 2020 Local Law were made to reflect the smoke-free town centres objective of the PHP.

The proposed amendments and additions to the 2021 Local Law which relate to smoke-free areas are as follows:

1. clause 1.6 includes definitions of e-cigarette, smoke/smoking and tobacco product,
2. new clause 5.16 – defines smoke free area;
3. new clause 5.17 (Prohibition on smoking) – provides that:
(a) a person must not smoke in a smoke free area; and
(b) that an authorised person may direct a person contravening this clause to extinguish the tobacco product or e-cigarette;
4. new clause 5.18 (Determination in regard to smoke free area) – provides that the City may make a determination prescribing a local government property or thoroughfare (or part thereof) as a smoke free area;
5. new clause 5.19 (Procedure for making smoke free area determination):
(a) requires the City to provide local public notice of the proposed determination;
(b) specifies the requirements of the local public notice;
(c) sets out the process for making, amending or not proceeding with the determination (as the case may be); and
(d) provides that Council cannot delegate a decision to make, amend or not proceed with a determination;
new clause 5.20 (Considerations in making a determination) – sets out the factors (such as submissions from the community and benefits versus detriments to the community) the City must consider in effecting a proposed determination;
new clause 5.21 (Signage) - allows the City to erect a sign identifying an area as smoke free;
new clause 5.22 (Application of clauses 2.5 and 2.6) – states that clause 2.5 (requiring all determinations be placed on a register) and clause 2.6 (relating to the amendment or revocation of a determination) apply to determinations made under this Division; and
new penalties added to Schedule 1:
(a) a person must not smoke in a smoke free area - $100; and
(b) failure to extinguish the tobacco product or e-cigarette upon direction of an authorised person - $200.
To read more about the City's Smoke-free Town Centres proposal and to have your say, click here. The community consultation for the City's Smoke-free Town Centres closes on 31 August 2021.

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

Imagine Vincent | Local Government Property Law 2021

Comment period closes: 5pm Friday 24 September 2021

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