Published on Thursday, 29 May 2025 at 3:35:26 PM
Local Laws are enforceable rules made by local governments to apply within their district. They help to establish and maintain the quality of life in line with the expectations of the local community and provide a standard under which businesses, residents and ratepayers must conduct their activities.
At the May Ordinary Council Meeting, Council endorsed the first phase of the proposed Parking & Parking Facilities Local Law.
The purpose of the Local Law is to:
- Provide for the management and regulation of parking within the district.
The effect of this Local Law is to:
- Manage parking throughout the district to ensure safe, fair and equitable use and access of parking facilities under the care and management of the local government.
Local Laws support higher legislation (Acts of Parliament) to control and manage the more basic matters that affect the community. They can be helpful in the resolution of disputes, as well as in achieving effective government.
Section 3.16(1) of the Local Government Act 1995 requires that all local laws of local government must be reviewed within an 8-year period after their commencement or from their last review date.
The existing local law, gazetted in 2002, is outdated and requires the creation of a new local law for the effective management and regulation of parking within the district.
Consideration of the Western Australian Local Government Association (WALGA) model local law and its application to the district was made in creating a new local law. Known or anticipated parking issues or matters, identified through consultation or from the Esperance Town Centre Revitalisation Plan 2015 and the Esperance Town Centre Parking, Traffic, and Pedestrian Strategy 2016, were considered when assessing the suitability of each provision of the model local law. Deviations from the model local law were made where the model local law did not sufficiently address a specific parking matter relevant to the district or where a provision was deemed to be unsuitable through consultation.
Several additions and minor formatting changes have been made in response to internal consultation and feedback. Of these additions, the most notable are:
- Part 1, Clause 1.10;
- Part 2, Clause 2.2(3);
- Part 3, Clause 3.1(3)(d);
- Part 7, Clause 7.7, and
- Changes to modified penalty amounts in Schedule 2. The Table of Changes (Attachment A) in the May Agenda outlines these changes in detail.
Modified penalties are an enforcement tool that function to deter non-compliance, and the modified penalties were assessed in this context, ensuring that they are in proportion to the type of parking offence. The modified penalties of other similarly sized and structured local governments were considered when reviewing the modified penalty amounts.
The provisions of the local law and reviewed modified penalty amounts ensure that the proposed Parking & Parking Facilities Local Law 2025 is contemporary and fit-for-purpose for the Esperance District.
The Parking & Parking Facilities Local Law is now open for public submissions. Visit https://www.esperance.wa.gov.au/council/publications-documents/local-laws.aspx to read the proposed local law and provide feedback by 4pm Saturday 26 July 2025.
Following the closing of submissions, a report will be prepared for Council to consider the community’s feedback.
Community Direction
Council Plan 2022-2032
Place - Outcome 10. Safe, affordable, accessible and sustainable transport systems.
Objective 10.3. Improve access to parking.
Esperance Town Centre Revitalisation Plan 2015 - 2035
Esperance Town Centre Parking, Traffic, and Pedestrian Strategy 2016
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