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.

 

Health

(1) Health (Food) Local Laws 2009 published in the Government Gazette on 23 October 2009. Notes:

(a) The City of Albany Health (Eating-Houses and Itinerant Food Vendors) Local Law 2001 was repealed with effect 23 October 2009.

(b) Certificates and Registration are now administered through the Food Act 2008.

(2) Health Local Laws 2001 published in the Government Gazette on 17 April 2002.

(3) Sand Drift Prevention and Abatement Local Law 2009 published in the Government Gazette on 12 February 2010.

Building and Planning

(1) Activities on Thoroughfares and Public Places and Trading Local Law 2011 published in the Government Gazette on 9 March 2012.

(2) Extractive Industries Local Law 2009 published in the Government Gazette 12 February 2010.

(3) Fencing Local Law 2010 published in the Government Gazette 24 September 2010.

(4) Signs Amendment Local Law 2008 Local Law published in the Government Gazette on 23 February 2007 and amendment published 26 September 2008.

Animals

(1) Animals Local Law 2020 published in the Government Gazette on 7 September 2020. (Dog Control is now administered under the Dog Act 1976).

(2) Dog Local Law 2017 published in the Government Gazette on 5 December 2017.

(3) Keeping and Welfare of Cats Repeal Local Law 2014 published in the Government Gazette on 11 March 2014. (Cat Control is now administered under the Animals Local Law 2020 and Cat Act 2011)

Parking & matters relating to local government property

(1) Parking & Parking Facilities Local Law 2009 (As amended): Notes:

(a) This local law was published in the Government Gazette on 12 February 2010.

(b) This local law was amended on publication of the Parking and Parking Facilities Local Law 2012.

(c) Parking and Parking Facilities - Determination - Airport Parking adopted by Council on 13 December 2016.

(2) Local Government Property Local Law 2011 published in the Government Gazette on 9 March 2012.

(3) Jetties, Bridges, Boat Pens & Swimming Structures Local Law 2020. 

(4) Local Law Relating to the Former Perth 2001 published in the Government Gazette 29 October 2001.

Administration

(1) Bush Fire Brigades Local Law 2020, published in the Government Gazette on 7 September 2020. 

(2) Standing Orders Local Law 2014 (As amended): Notes:

(a) This local law was published in the Government Gazette on 17 March 2014.

(b) This local law was amended on the publication of the Standing Orders Amendment Local Law 2014.

(2) City of Albany Creation Order published in the Government 7 May 1998.

Waste Management

(1) Waste Local Law 2017 - This local law was published in the Government Gazette on 10 April 2018.

(2) Waste Amendment Local Law 2019 - The principal local law was amended on the gazettal of the amendment local law published in the Government Gazette on 21 June 2019. 

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. 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.