FAQs
- Activities on roads, footpaths and verges.
- Signage in public places (temporary signage, A Frames, etc).
- Obstructions, excavations, trenching and works affecting thoroughfares.
- Verge treatments (verge gardens).
- Consumption and possession of liquor on thoroughfares.
- Street trading, hawking, busking and other commercial activities conducted in public places.
- Temporary crossings and access arrangements associated with building works.
- Permitted and prohibited activities on local government land.
- The City's ability to designate particular areas for specific uses or prohibit certain activities.
- Trading and commercial activities on local government land.
- Use of parks, reserves, beaches, jetties and public facilities.
Aircraft
Animal
Aperture
Article
Attendant
Beach
Change room
Charitable organisation
Children’s playground
Drone
eBikes
eRideables
Firework(s)
Fishing
Local public notice
Nuisance
Prohibited drug
Promotional activity
Privacy Protected Area
Sandboard
Schedule
Smoke and Smoking
Tree
Utility
Valid
1(c) erect any sign, except in accordance with Part 9
1(q) deposit or store any thing
(a) take reasonable steps to maintain law and order by all in attendance at any function for which the local government property has been hired
(c) prevent overcrowding
(e) comply with a direction from the CEO or an authorised person to take the action specified in the direction for the purpose of maintaining public safety
Amendment to wording to clarify which types of advertising signage require a permit, vs which don’t if they comply with specific requirements (home open, garage sale, A-Frames, and election signage).
Expanded general prohibitions on advertising signs that apply to all types, and added additional provisions that apply to portable, election, and garage/home open signs.
Home open and garage sale signage not to be displayed for more than 24 hours before or after the home open or garage sale being manned.
Election signage display timeframe expanded to match WAEC guideline.
Ability to display portable signs on a footpath if 1.8m remains unimpeded (wheelchair access)
Reduced allowable distance from kerb from 3m to 1.5m.
Not to be displayed on a roundabout, carriageway, dividing strip, or traffic island (previously “placed in a location where it will cause an obstruction”).
Must be of stable design and not readily moved by the wind.
Portable and temporary signage cannot contain illumination, animation, movement, reflection, retroreflective or fluorescent material, as to not cause a nuisance or hinder a person’s vision.
Clarity on the City’s ability to impound signage (also able through 15.8).
requests the local government to collect and deliver the shopping trolley to the retailer; andpays any fee for that collection and delivery (imposed and determined under and in accordance with sections 6.16 to 6.19 of the Act) within the period specified by the local government.increased penalties for damaging or removing fauna, flora, or trees, from $125 to $500; and
not collecting a trolley after being notified, from $125 to $350.
- Now allowed to be on a footpath, if at least 1.8m of the footpath remains unimpeded, such as to allow wheelchair access or otherwise approved by an authorised person. The current local law does not allow for placement on a footpath, although the City currently makes some allowances as this local law is outdated.
- Cannot be on or within 1.5m of a kerb.
- Cannot be on a roundabout, carriageway, dividing strip, or traffic island. Previously this provision was dealt with under a “cannot obstruct sight lines or cause danger” clause. This addition provides clearer requirements.
- Cannot be on a local government owned or managed structure (eg street pole), traffic direction sign or parking sign.
- Cannot cover a local government sign or marking.
- Must be of stable condition.
- Cannot be unsightly, offensive, or not maintained in good condition.
- Cannot be injurious to the amenity or natural beauty of the area.
- Cannot obstruct or impede the reasonable use of a thoroughfare, vehicle cross over, or access to a place by any person.
- Cannot obstruct the sight distance of any other sign or traffic control device.
- Cannot be resemble or be mistaken by road users as a traffic control device.
- Permits are not required for portable direction signs, provided general provisions are met.
- Cannot be over any footpath where the resulting vertical clearance between the sign and the footpath is less than 2.5m.
- Cannot be on a carriageway.
- Cannot be on any natural feature, including a rock or tree, on any bridge or structural approaches to a bridge.
- Cannot cause a line of sight obstruction or cause danger to any person using a thoroughfare.
- Now allowed to be on a footpath, if at least 1.8m of the footpath remains unimpeded, such as to allow wheelchair access or otherwise approved by an authorised person. The current local law does not allow for placement on a footpath, although the City currently makes some allowances as this local law is outdated.
- Cannot be on or within 1.5m of a kerb.
- Cannot be on a roundabout, carriageway, dividing strip, or traffic island. Previously this provision was dealt with under a “cannot obstruct sight lines or cause danger” clause. This addition provides clearer requirements.
- Cannot be erected or displayed within 1.5 metres of an intersection or crossover.
- Cannot be on a local government owned or managed structure (eg street pole), traffic direction sign or parking sign.
- Cannot cover a local government sign or marking.
- Cannot be unsightly or offensive.
- Cannot be injurious to the amenity or natural beauty of the area.
- Cannot obstruct the sight distance of any other sign or traffic control device.
- Cannot be resemble or be mistaken by road users as a traffic control device.
- Cannot contain more than 2 sign faces.
- Cannot contain illumination, animation, movement, reflective, retroreflective or fluorescent materials.
- Must be removed and relocated at the request of a person authorised for the purpose of a special event, parade, road or footpath works, or other event.
- Removed the requirement to contain letters not less than 200mm in height.
- Permits are not required for portable direction signs, provided general provisions are met.
- Cannot be over any footpath where the resulting vertical clearance between the sign and the footpath is less than 2.5m.
- Cannot be on a carriageway.
- Cannot be on any natural feature, including a rock or tree, on any bridge or structural approaches to a bridge.
- Cannot cause a line of sight obstruction or cause danger to any person using a thoroughfare.
- Must be of stable condition / securely installed.
- Must be maintained in a good condition.
- Cannot obstruct or impede the reasonable use of a thoroughfare, vehicle cross over, or access to a place by any person.
- Cannot not exceed 1m in height above the finished ground or pavement level or exceed an area of 1 square metre on any sign face;
- In the case of a portable advertising sign relating to a business – (i) can only be erected or displayed in a location immediately adjacent to the business premises to which the sign relates; (ii) must be removed at the close of trading each day and not displayed again until the business opens for trading the next day.
- the local government proposes to review the local law; and
- a copy of the local law may be inspected or obtained at any place specified in the notice; and
- submissions about the local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given.
- give local public notice stating that —
- the local government proposes to make a local law the purpose and effect of which is summarised in the notice; and
- a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and
- submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given; and
- as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to —
- the Departmental CEO; and
- if a department of the Public Service other than the Department assists in the administration of an Act under which the local law is proposed to be made — the chief executive officer of that other department; and
- provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.
- publish the local law in the Gazette; and
- give a copy of the local law to —
- the Departmental CEO; and
- if a department of the Public Service other than the Department assists in the administration of an Act under which the local law is made — the chief executive officer of that other department.
- stating the title of the local law; and
- summarising the purpose and effect of the local law (specifying the day on which it comes into operation); and
- advising that the local law is published on the local government’s official website and that copies of the local law may be inspected at or obtained from the local government’s office.
What is the Local Government Property and Public Places Local Law?
The City of Fremantle currently have two separate local laws which govern local government property and public places. The Council have approved to combine the two, pending community consultation, to make one singular local law.
Currently, the two local laws regulate different types of public spaces and activities within the City of Fremantle. These two local laws also have overlapping provisions like tree protection, advertising signs, and obstructing or damaging public places.
Activities in Thoroughfares and Public Places and Trading Local Law 2005
This local law governs the use of public thoroughfares and public places, particularly roads, footpaths, verges and areas where trading occurs. It establishes rules about what people can and cannot do in those spaces and when a permit is required.
Key matters regulated include:
Local Government Property Local Law 2002
This local law governs the use and management of local government property owned, managed or controlled by the City of Fremantle, including parks, reserves, buildings, jetties, recreation areas, foreshore areas and certain waters adjacent to the district.
Key matters regulated include:
Local Government Property and Public Places Local Law 2026 (draft)
The proposed local law will combine the two above local laws, with some changes to protect trees, requirements to display an advertising sign, and the ability for the City of Fremantle to determine smoke free areas.
Why does the City of Fremantle need to regulate these matters?
The City of Fremantle, along with majority of local governments in Western Australia, have adopted a WALGA model local law to govern local government property and public places. These local laws ensure a consistent approach to the use of publicly accessed places, limit obstructive and nuisance behaviour, and protect the property of the local government (including trees, buildings, beaches, and more).
What changes are proposed in the Local Government Property and Public Places Local Law 2026 that aren’t in the current local laws?
Highlighted changes are included in a copy of the draft local law in key documents.
Completely new provisions within the Draft City of Fremantle Local Government Property and Public Places Local Law 2026 influenced by the the WALGA template, other local governments, and improvements proposed by officers include:
Table 1
New Provision | Subject | Comment |
1.5 | Definitions | New definitions to assist with the application of the local law include: |
1.8 | Transitional | Inclusion of this clause allows permits/licences issued under the repealed local laws to remain valid. |
2.7 | Determination ability for launching or landing a drone | New subclause (k) provides ability for the local government to make a determination which allows launching or landing a drone on local government property.
Drones are advancing in capability and size. The inclusion of this subclause allows the City to deal with this matter effectively if required. |
| 2.8 | Determination ability for designating privacy protection areas | New subclause (l) provides ability for the local government to make a determination which restricts photographing, filming, audio recording, video recording or live streaming of another person within a privacy-protected area. In recent years, advances in technology have resulted in the increased availability and use of devices capable of discreetly capturing photographs, audio and video recordings, including smart glasses and other wearable technologies. These developments have generated public discussion and privacy concerns, particularly in facilities such as change rooms, parent rooms, childcare facilities and other locations where individuals may reasonably expect a greater level of privacy. Similar issues are currently being considered by a number of local governments across Australia, including the City of Vincent, which is investigating privacy safeguards for smart glasses and similar wearable recording devices at City facilities. |
3.2 | Activities needing a permit (on local government property) | New subclauses for activities prohibited on local government property without a permit: |
3.5 | Responsibilities of a permit holder | New subclauses which require a holder of a permit, in respect to local government property, to: |
5.1 | Powers of authorised persons or surf life saving club members | New subclause (5) which prescribes that the authority of an authorised person prevails over the authority over a surf life saving club member authorised by the City on the beach. The City has not currently authorised the Surf Life Saving Club any powers, however this additions ensures clarity of directions given by authorised persons if ever used. |
5.8–5.11 | Smoke free areas | New provisions to allow the local government to determine smoke-free areas in the District. Smoking is currently only prohibited through signage, which relies on a person's proximity to the sign. This change will enable the City to implement smoke free areas across the City via a Council determination process. Appropriate definitions have also been proposed to include e-cigarettes. |
8.1 | Activities in thoroughfares and public places – General prohibitions | New subclause (c) which prohibits the damage or removal of a tree or part of a tree on a thoroughfare, irrespective of who planted the tree. Currently "tree" isn't defined and separated from a "plant"/"flora" and the person that plants a "plant"/"fora" is able to remove it (on a thoroughfare only, not local government property). |
8.7 | Permissible verge treatments | New clause (3) which ensures consistency across the local law for allowable garden height and distance from a carriageway. |
8.9 | Obligation of owner or occupier (verge treatment) | Addition of subclauses (b) and (e) which require an owner or occupier who installs or maintains a permissible verge treatment to ensure it doesn’t cause an obstruction or damage to users, drains, kerbs, trees, etc. This is a clarifying provision. |
9.1 - 9.11 | Advertising signs | The City applied a practical approach for both the owner of the signage and the authorised person enforcing the local law, while considering users of footpaths, roads, thoroughfares, etc. Notable additions and amendments include: |
13.4 | Conditions which may be imposed on a permit | Addition of subclause (1)(b) which allows the condition of compliance with a policy adopted by the local government. |
13.11 | Cancellation or suspension of permit | Addition of clauses (3), (4), and (5) to assist with cancelling or suspending a permit if the City needs to access the location. For example, to complete infrastructure works. |
13.12 | Nominee of permit holder | New provision allowing nominees where a permit holder cannot act. |
15.3 | Disposal of lost property | New disposal of lost property procedure replacing the earlier simple provision, based on past Joint Standing Committee on Delegated Legislation undertaking on similar local laws. Property estimated to be worth $200 or more (1% of $20,000) needs to be handed to the Police rather than thrown out or donated by the City. |
Provisions within the Draft City of Fremantle Local Government Property and Public Places Local Law 2026 carried across from the current City of Fremantle Local Laws which have notable amendments include:
Table 2
Amended Provision | Subject | Comment |
4.4 | Removing or damaging any flora or tree | The provision has been strengthened to add the definition for and wording "tree" in addition to "flora". |
9.1-9.11 | Advertising signs | The City applied a practical approach for both the owner of the signage and the authorised person enforcing the local law, while considering users of footpaths, roads, thoroughfares, etc. Please see table 1 for a list of notable changes. |
10.6 | Retailer to remove abandoned trolley | Officers propose putting the responsibility of collection on the owner of the trolley and propose to remove the following text and include a new clause (3), as follows: (2) A retailer shall remove a shopping trolley within 24 hours of being so advised under subclause (1). (3) An authorised person may impound an abandoned trolley in a public place or on local government property, if the retailer fails to collect the trolley within a minimum of 24 hours of being advised under subclause (2). To deter retailers, the penalty for abandoned trolleys is proposed to be increased from $125 to $350, as shown in schedule 1. In addition to this, the City has a fee in the fees and charges for the recovery of trolleys that have been impounded. |
Schedule 1 | Increased some modified penalties | Notable changes, to penalties include: Penalties are intended to deter offences from occurring, and the above increases are recommended to assist with matters that may require stronger enforcement. |
What are the specific changes to the advertising sign requirements?
The changes to the local law, in relation to advertising signage, have been made to improve the use of thoroughfares for all users and provide clarity and consistency for requirements of such signage. Majority of additions are in relation to the safety of thoroughfare users, particularly road users. If a permit is required, the City will work with the applicant and consider the individual circumstances in conjunction with the local law.
Changes to non-portable advertising signage provisions (requires a permit):
The following hasn’t changed:
Changes to portable advertising signage provisions (does not require a permit, if prohibitions are met):
The following hasn’t changed:
What is the local law process?
Review Process:
Within a period of 15 years after the day on which a local law commenced or a determination in respect of the local law was last made under section 3.16 subsection (4), as the case requires, a local government must carry out a review of the local law to determine whether it considers that the local law should be repealed, be amended or remain unchanged.
The local government is to give local public notice stating that —
After the last day for submissions, the local government is to consider any submissions made and cause a report of the review to be prepared and submitted to its council.
After the report has been submitted to its council, the local government must determine whether it considers that the local law should be repealed, be amended or remain unchanged.
No changes to existing Local Laws:
The minutes of the meeting at which the local government determine that the local law remain unchanged are published on the City's website.
The local government is not required to advertise the decision further.
New and Amendment Local Laws (not a model local law):
At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.
The local government is to —
After the last day for submissions under subsection, the local government is to consider any submissions made and may make the local law as proposed or make a local law that is not significantly different from what was proposed.
After making a local law, the local government must —
After the local law has been published in the Gazette the local government is to give notice in the required way —
If during the procedure for making a proposed local law the local government decides to make a local law that would be significantly different from what it first proposed, the local government is to recommence the procedure.
Unless it is made under section 3.17, a local law comes into operation on the 14th day after the day on which it is published in the Gazette or on such later day as may be specified in the local law.
Repeal of Local Law:
The process for making local laws applies.