Why has the City of Fremantle proposed to make this Local Law?

    The development of a Waste Local Law is identified as a future action in the City’s, 2025–2030 Waste Management Action Plan. The Local Law will support the City in implementing the State Government’s Waste Strategy and assist in achieving established waste targets.

    The purpose of the proposed Waste Local Law are as follows: 

    1Regulate the Provision and use of Local Law Government Waste Services  

    • Establishes the City’s authority to provide, manage, and regulate waste services within the municipality 

    • Sets clear rules for the supply, use, placement, and care of waste receptacles (general waste, recycling and FOGO) 

    • Ensures waste services operate in a consistent, safe and efficient manner 

    2. Support Waste Avoidance, Recycling, and Resource Recovery 

    • Gives effect to the WARR Act at a local government level 

    • Mandates waste separation at the source, including recycling and FOGO diversion 

    • Reduces contamination by clearly defining what waste may and may not be placed in each receptacle 

    • Supports higher order waste hierarchy outcomes  

    3. Protect Public health, Safety and Amenity  

    • Ensure reasonable steps are taken to prevent practices that may cause; 

    • Nuisance 

    • Offensive odours 

    • Pest and vermin attraction  

    • Obstruction to streets and public places 

    • Regulates 

    • Receptacle placement and storage  

    • Verge collections 

    • Waste handling at premises (FRC and CFC) and public places 

    • Controls inappropriate and unsafe behavior at waste facilities e.g. Fremantle Recycling Centre. 

    4. Provides Clear duties and Responsibilities 

    • Cleary assigns duties to owners and occupiers or premises regarding 

    • Waste containment  

    • Receptacle care and hygiene  

    • Compliance with collection and placement requirements 

    • Defines the powers of the City and authorised persons to: 

    • Issue directions 

    • Grant exemptions 

    • Enforce Compliance  

    5. Enable Effective Operations and Protection of Waste Facilities  

    • Regulate control, access and conduct at City operated facilities (FRC & CFC) 

    • Controls 

    • What waste may be deposited 

    • Where and how it is deposited  

    • Prohibited activities (e.g. removal of waste, hazardous materials, abusive behaviour) 

    • Enables the City to impose fees and charges  

    • These regulatory controls will complement our FRC license and associated conditions imposed by the Department of Water and Environmental Regulation (DWER). 

    6. Establish a Clear and Enforceable Compliance Framework  

    • The City will always aim to educate residents; however, the Waste Local Law creates offences for non-compliance. 

    • This provides for: 

    • Prescribed offences and modified penalties  

    • Infringement notices  

    • Infringements would be issued by the Community Safety and or Waste Services team in accordance with their delegated powers 

    • Ensures decisions under the local law are subject to objection and appeal rights under the LG Act.  

    The proposed Waste Local Law will complement Local Planning Policy 2.24 - Waste Management Plans enabling effective planning outcomes, operational efficiency and compliance as urban development and density increase across the City. 

    The Waste Local Law was developed using the template and content supplied by the Western Australian Local Government Association (WALGA). This template is used by many local government's across the metropolitan area.

    Will the City repeal the Health Local Law?

    Currently the City of Fremantle Health Local Laws 1997 contains overlapping related Waste Laws which will be repealed when the Waste Local Law 2026 is adopted and gazetted.

    What will the Waste Local Law do?

    The Waste Local Law sets out the rules for how waste services operate within the City of Fremantle.
    This includes requirements for:

    • Use and placement of waste, recycling and organic bins
    • Waste collection schedules and verge collections
    • Storage and presentation of bins
    • Responsibilities of owners and occupiers to manage waste properly
    • Operation of waste facilities
    • Fees and charges for waste services
    • Enforcement of waste-related offences such as illegal dumping or misuse of bins

    These rules help ensure waste services are safe, fair and consistent for everyone in the community.

    Will this change my current waste collection service?

    For most residents, waste services will stay the same.
    The Local Law mainly formalises existing practices so the City can clearly manage waste services and respond to issues when they arise.

    The law does not introduce new waste services. Any future changes to collection services would normally be consulted on separately.

    Will i be fined if i place items in the wrong bin?

    The City's first response will be education. Fines may be used as a last resort.

    What is the local law process?

    New Local Laws:

    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 —

    1. give local public notice stating that —
    1. the local government proposes to make a local law the purpose and effect of which is summarised in the notice; and
    2. a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and
    3. 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 (3 weeks if it is a model local law); and
    1. as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to —
    1. the Departmental CEO; and
    2. 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
    1. provide a copy of the proposed local law, in accordance with the notice, to any person requesting it. 

    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 —

    1. publish the local law in the Gazette; and
    2. give a copy of the local law to —
    1. the Departmental CEO; and
    2. 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. 

    After the local law has been published in the Gazette the local government is to give notice in the required way —

    1. stating the title of the local law; and
    2. summarising the purpose and effect of the local law (specifying the day on which it comes into operation); and
    3. 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.

    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.