Western Australian Current Acts

LOCAL GOVERNMENT ACT 1995 - SECT 3.50

3.50 .         Closing certain thoroughfares to vehicles

        (1)         A local government may close any thoroughfare that it manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks.

        (1a)         A local government may, by local public notice, order that a thoroughfare that it manages is wholly or partially closed to the passage of vehicles for a period exceeding 4 weeks.

        (2)         The order may limit the closure to vehicles of any class, to particular times, or to such other case or class of case as may be specified in the order and may contain exceptions.

        [(3)         deleted]

        (4)         Before it makes an order wholly or partially closing a thoroughfare to the passage of vehicles for a period exceeding 4 weeks or continuing the closure of a thoroughfare, the local government is to —

            (a)         give local public notice of the proposed order giving details of the proposal, including the location of the thoroughfare and where, when, and why it would be closed, and inviting submissions from any person who wishes to make a submission; and

            (b)         give written notice to each person who —

                  (i)         is prescribed for the purposes of this section; or

                  (ii)         owns land that is prescribed for the purposes of this section;

                and

            (c)         allow a reasonable time for submissions to be made and consider any submissions made.

        (5)         The local government is to send to the Commissioner of Main Roads appointed under the Main Roads Act 1930 a copy of the contents of the notice required by subsection (4)(a).

        (6)         An order under this section has effect according to its terms, but may be revoked by the local government, or by the Minister, by order of which local public notice is given.

        [(7)         deleted]

        (8)         If, under subsection (1), a thoroughfare is closed without giving local public notice, the local government is to give local public notice of the closure as soon as practicable after the thoroughfare is closed.

        (9)         The requirement in subsection (8) ceases to apply if the thoroughfare is reopened.

        [Section 3.50 amended: No. 1 of 1998 s. 11; No. 64 of 1998 s. 15; No. 49 of 2004 s. 26.]