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Local Laws

Local laws ensure that activities throughout the City are regulated, controlled and efficiently managed.

Under the Local Government Act 1995, the City of Albany Council is able to make local laws considered necessary for the good government of the district. A local law is invalid to the extent that it is inconsistent with any state or federal legislation. Local laws that are being advertised for public comment can be viewed on the community engagement page.

Documents for Local Laws
TitleDocument Date
Activities on Thoroughfares and Public Places and Trading Local Law 2011June 14, 2019
Animals Local Law 2020October 1, 2020
Bush Fire Brigades Local Law 2020October 1, 2020
City of Albany Creation OrderJune 14, 2019
Dog Local Law 2017June 14, 2019
Extractive Industries Local Law 2009June 14, 2019
Fencing Local Law 2010October 27, 2020
Health Local Laws 2001June 14, 2019
Jetties, Bridges, Boat Pens and Swimming Structures Local Law 2020October 27, 2020
Keeping and Welfare of Cats Repeal Local Law 2014June 14, 2019
Local Government Property Local Law 2011 - Determination - Stidwell Bridle Trail - Designated Horse and Authorised Vehicle Use OnlyFebruary 2, 2024
Local Government Property Local Law 2011 - Determination - Vehicles on BeachesFebruary 2, 2024
Local Government Property Local Law 2011 (As amended)March 14, 2024
Local Law Relating to the Former Perth 2001June 14, 2019
Parking & Parking Facilities Local Law 2009 (As amended)October 27, 2020
Parking and Parking Facilities Local Law - Determination - Airport ParkingJune 14, 2019
Parking and Parking Facilities Local Law - Determination - Designate Parking Spaces for Electric Vehicle Charging Use OnlyOctober 18, 2022
Sand Drift Prevention and Abatement Local Law 2009June 14, 2019
Signs Local Law 2006 (As Amended)October 27, 2020
Standing Orders Local Law 2014June 14, 2019
Waste Local Law 2017 - Determinations 1 (Verge Collection for Commercial Purpose) and Determination 2 (Kerbside Bin Lid Colour Coding)March 20, 2024
Waste Local Law 2017 (As amended)October 20, 2022


Dangerous Trees on Private Property

Dangerous trees may fall under one or more of four criteria being dead, dying, diseased and/or structurally unsound with the potential to cause significant damage to an adjoining property or members of the public should it fall or drop limbs or branches.

A tree that drops leaf litter or fruit is not considered a dangerous tree.

A dangerous tree is one that has been determined by a suitably qualified and experienced person, such as an arboriculturalist, to be dangerous. There is therefore, a level of subjectivity in making the decision.

Encroaching Branches and/or Roots

If a branch or root from a neighbouring property encroaches on your land, you are entitled to cut and remove the offending branch or root at any point up to the boundary of your property.

 It is courteous to discuss this matter with your neighbour; however, the law does not require that you do so. You should ask your neighbour if they want to keep the pruned branches and if they don’t you may dispose of them. Care must be taken when pruning or returning the pruned branches as you may be liable for any damage you cause.

Dangerous Trees

If you consider a tree in a neighbouring property is dangerous, you should first discuss this with your neighbour. The best way to resolve a problem with a dangerous tree is to talk it over with your neighbour and decide together what to do about it.

You will be required to demonstrate reasonable negotiation has taken place with your neighbour, and that no agreement can be reached before the City of Albany will become involved.

If you cannot reach a suitable resolution with your neighbour you may request in writing, that the City becomes involved under Section 3.25 of the Local Government Act 1995. The tree will be inspected by a Council Officer and where there is no obvious evidence of the tree being dangerous, you will be required to include a report from a suitably qualified and experienced person, such as an arboriculturalist, declaring that the tree is dangerous.

Legal Advice

Many disputes regarding neighbouring trees are issues of trespass or common law nuisance. In these instances, if negotiation with your neighbour does not resolve the problem, you may choose to seek legal advice or phone the Citizens Advice Bureau of WA on 9274 3000.