Western Australian Consolidated Acts Western Australian Consolidated Acts Local laws may be made
under the Local Government Act 1995 —
(1) for regulating the
plans and levels of sites for buildings;
(2) for requiring that
buildings generally or a building of any specified class shall not be built
nearer to —
(a) a
street alignment; or
(b) any
boundary of the land on which the building is to be built,
than is prescribed in
a local law or local laws;
(3) for limiting,
either generally throughout the district or in any particular part thereto,
the number of buildings that may be built on a prescribed area of land and the
extent to which that area may be built on and local laws may be made under
this paragraph so as to apply to buildings generally or to any class thereof
and may discriminate according to the size of buildings or class of buildings;
(4) for prescribing
the minimum area and the minimum depth and the width and frontage of land upon
which buildings of a specified class may be erected;
(5) for requiring that
a building of a specified class erected after the coming into operation of
this Act has attached to it for the exclusive use of the occupiers of the
building a prescribed area of open land and for prescribing the area;
(6) for prescribing
building lines in relation to any public place or public reserve;
(7) for prohibiting
the erection in the district or a specified part of the district of buildings
other than buildings of a specified class, whether classified according to
size, design, materials used in construction, or classified otherwise;
(8) for requiring the
provision of passenger lifts in buildings used or intended for use for a
specified class or specified classes of purpose and having more than 2 floors
above the ground floor;
(9) for requiring that
a building of a specified class erected after the coming into operation of the
Local Government Act Amendment Act 1964 2 , has on the land on
which the building is built or on land adjacent thereto, such number of
parking spaces, as is prescribed in the local law or as is in such proportion
to the number of persons likely to reside or work in the building as so
prescribed;
(10) for prohibiting
the use of buildings or structures for any purpose specified in the local law
or otherwise than for purposes specified in the local law, but any such local
law shall not prevent —
(a) the
use of a building or structure existing at the commencement of the local law
for any purpose for which it was lawfully used before the commencement of the
local law; or
(b) the
alteration of or addition to any such existing building or structure for any
such purpose;
(11) for providing
that the local government may with the approval of the Minister, declare any
portion of the area to be a fire zone;
(12) for providing
that a register of fire zones be kept by the local government and made
accessible for public inspection;
(13) for prescribing
any requirements with which any building or building work within a fire zone
must conform;
(14) providing for the
classification of buildings and the manner in which a dispute as to the
classification may be resolved;
(15) providing for the
issue of certificates of classification;
(16) for prescribing
the circumstances in which a number of buildings may or shall be treated, for
the purposes of this Part, as constituting a single united building;
(17) for prescribing
that where a building or structure erected or constructed before the
commencement of this local law is demolished, destroyed, or taken down to a
prescribed extent it must be rebuilt or reconstructed in complete accordance
with the provisions of this Act;
(18) for prescribing
and providing for the payment and recovery of fees and expenses, in connection
with any matter arising under this Part;
(19) for regulating,
restricting or prohibiting the use of specified materials for the purpose of
building work, and for investing a prescribed person or authority with
discretionary power to regulate, restrict or prohibit the use of any materials
for the purpose of building work;
(20) for prescribing
and providing for the making of tests of, or relating to, buildings,
structures, building work or materials to be used for the purposes of building
work;
(21) for regulating,
restricting or prohibiting the performance of building work or the erection or
construction of a building or structure within a prescribed distance from a
street or other public place and investing the local government with
discretion to dispense with compliance with any such local law and otherwise
for regulating the position of any building or structure;
(22) for prescribing
precautions to be taken during the construction or demolition of a building or
the performance of any other building work;
(23) for prescribing
the height to which a building may be erected, which height may vary according
to the position of the building, the width of any road upon which it abuts, or
any other matter;
(24) for regulating,
restricting or prohibiting the erection or construction of buildings or
structures, or the performance of building work on, over or under a public
place and prescribing standards to which any such building, structure or
building work must conform;
(25) for making any
provision, restriction or prohibition that may reduce the likelihood of fire
in, or the spread of fire from, any building or structure or conduce to the
safety of the building or structure or its occupants in the event of fire;
(25a) for making any
provision, restriction or prohibition that may reduce the likelihood of damage
being caused, or abate any damage that may be caused, to any building or
structure by earthquake activity or conduce to the safety of the building or
structure or its occupants in the event of earthquake activity;
(26) for prescribing
the maximum loadings, stresses, load factors and deformations permissible in
respect of any building or structure or any class of building or structure and
investing the building surveyor of the local government with discretionary
power to prohibit the erection or construction of buildings or structures that
may be or become unsafe by reason of excessive loading, stress or deformation;
(27) for making any
provision, restriction or prohibition relating to the construction of
foundations, footings, piling, caissons, walls, masonry, floors, roofs and
ceilings, and for regulating structural concreting and steelwork, timber
construction, veneer-on-timber construction and any other kind of
construction;
(28) for requiring,
and prescribing, the method of storm water drainage from a building or any
building site;
(29) for prescribing
standards of weather-proofing or damp-proofing with which any building work
must conform;
(30) for prescribing
measures to be taken for the prevention of damage to buildings or structures
by termites, rodents or other pests;
(31) for prescribing
the minimum number, and types, of rooms which are required to be provided in a
building used for residential purposes;
(32) for prescribing
the minimum height or dimensions of rooms or any class of rooms and minimum
standards of lighting and ventilation to which they must conform;
(33) for prescribing
standards of soundproofing in relation to buildings or building work;
(34) for making such
provision as may be necessary or expedient to ensure that the construction of
a building will meet prescribed standards of health and amenity;
(35) for regulating,
restricting or prohibiting the installation of lifts, escalators, fire
extinguishing sprinklers or other apparatus in any building or structure or
class of building or structure;
(36) for restricting
or prohibiting the use or occupation of a building or structure before all
building work contemplated by the plan, drawings and specifications approved
in relation thereto has been completed or before the satisfaction of such
other conditions as may be prescribed;
(37) for regulating,
restricting or prohibiting the affixture or construction of awnings or other
attachments to buildings;
(38) for making any
special provision, restriction or prohibition in relation to a prescribed
building or structure or prescribed class of building or structure;
(39) for limiting the
times within which buildings must be erected and completed;
(40) for providing
that the local government may approve of the plans and specifications of any
building work, which would or does not comply with the local laws, if the
local government is satisfied that —
(a) at
some time prior to the submission of the plans and specifications the plans
and specifications complied with the local laws then in force in its district;
and
(b) no
undue delay has been occasioned in the submission of those plans and
specifications to the local government.
[Section 433 inserted by No. 74 of 1973
s. 8; amended by No. 24 of 1981 s. 2; No. 74 of 1995
s. 9.70; No. 14 of 1996 s. 4; No. 11 of 2007 s. 12.]