Notice of Proposed Local Law: Activities in Thoroughfares and Public Places

24 March 2026 2:59 PM

The Council of the City of Kalamunda resolved on 24 March 2026 to give local public notice of the proposed Activities in Thoroughfares and Public Places Local Law.

Local Government Act 1995 [s. 3.12(3)]

Local Government (Administration) Regulations 1996 [r. 3A]

Purpose

The purpose of the proposed local law is to provide for the regulation, management and control of activities on thoroughfares and public places throughout the district.

Effect

The effect of this local law is that any person being on or in a thoroughfare or a public place in the district must comply with the requirements of the local law.

Have your say

A copy of the proposed local law may be inspected at the City of Kalamunda Administration Centre at 2 Railway Road, Kalamunda and City Libraries during normal opening hours. Electronic copies of the proposed local law can also be viewed online.

Email: enquiries@kalamunda.wa.gov.au
Post: PO Box 42 Kalamunda WA 6926
In person: Drop-off at 2 Railway Road, Kalamunda, Monday-Friday, 8:30am to 5:00pm

Submissions close 5pm Friday 15 May 2026

FAQs

What is a local law?

A local law is legislation made by local governments to deal with things a local government is required to regulate.

Is the City allowed to make a local law?

Yes, the Local Government Act 1995 and other acts of Parliament give any local government the power to make a local law.

Can the City make whatever local law it likes?

No. Local law making by local governments is subject to the authority of State Parliament and a dedicated Parliamentary committee that reviews all local laws made by local governments. If a local law made by a local government is beyond lawful power or does not have an Act of Parliament to enable it, the Parliamentary committee can recommend to Parliament it be struck out.

Why did the City give public notice for the proposed local law?

It is a requirement of the Local Government Act 1995 to do so.

Why do we need the proposed Activities in Thoroughfares and Public Places Local Law?

Unless controlled by Main Roads WA, all roads and streets in the City of Kalamunda are the City's responsibility. The City's existing local laws and 'by-laws' for dealing with activities in thoroughfares and associated public places are outdated, in some cases dating as far back as 1963, containing fines specified in shillings. They do not meet the needs of a local government in 2026 and must be replaced.

What things will this proposed local law deal with?

The proposed local law will deal with such things as unauthorised works on verges and on roads, hazardous or obstructing items on roads and public places, abandoned shopping trolleys, signs in thoroughfares, food trucks and market stalls in thoroughfares and public places, and enforcement powers for things that will be prohibited by the local law.

Can I be fined if I breach the local law?

Not all breaches of the proposed local law will be offences. It will depend on the nature of the offence.

What is a thoroughfare, and what is a public place?

A thoroughfare is the street or road. A public place for the purposes of this local law is a broad term to capture things the public are allowed to access adjacent to roads like verges and footpaths. It also includes things that aren't necessarily gazetted roads - think of a pedestrian laneway, an emergency accessway or a mall.

Are parks and public places the same?

For the purposes of the proposed local law, no. This is because parks and reserves exist on their own title of land, much like your own property. This means from a legal perspective, the City must deal with them differently.

How does this affect me?

In reality most people won't be affected. Many of the things prohibited or regulated by the proposed local law have been regulated in one way or another for many years.

Can I have a say on the proposed local law?

Yes you can. Public comment is open until 15 May 2026.

What happens after the public comment period?

The Council will need to consider any public submissions, and then decide whether to make the local law. If the Council decides to make the local law, it will then be published in the Government Gazette and comes into force 14 days after the day it is published.

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