Esperance amends thoroughfares and trading local law

The Shire of Esperance has adopted an amendment to its local law governing activities in thoroughfares and public places and street trading, updating a key competition definition and correcting references to prescribed offences. The Shire of Esperance Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2026 was published in the Western Australian Government Gazette No. 115 of 8 September 2026 (reference LG401), under the Local Government Act 1995.

The Council of the Shire of Esperance resolved on 25 August 2026 to make the local law, which amends the principal Shire of Esperance Activities in Thoroughfares and Public Places and Trading Local Law 2025 published in the Government Gazette on 5 January 2026. Under clause 1.2, the amendment comes into operation 14 days after the day of its publication in the Government Gazette.

Definitional update

The amendment revises clause 6.1 of the principal local law by deleting the existing definition of the Competition Principles Agreement and replacing it with a new one. The updated definition refers to the agreement executed by the Treasurers of each State and Territory of the Commonwealth of Australia on 29 November 2024.

This change aligns the shire’s trading and public-place regulation with the current national competition framework, which underpins how the local law is applied to street trading and other commercial activity in public places.

Corrected offence references

Schedule 1 of the principal local law, which lists prescribed offences, is amended to correct three references:

• The reference to clause 5.9(a) is deleted and replaced with 5.9.
• The reference to clause 6.20(1) is deleted and replaced with 6.21(1).
• The reference to clause 6.20(2) is deleted and replaced with 6.21(2).

The corrections ensure that the prescribed-offence schedule points to the correct provisions of the principal local law, avoiding ambiguity in enforcement.

Adoption and effect

The local law is dated 1 September 2026. The Common Seal of the Shire of Esperance was affixed by authority of a resolution of the Council in the presence of RONALD CHAMBERS, Shire President, and SHANE BURGE, Chief Executive Officer.

For traders and members of the public operating in thoroughfares and public places across the shire, the amendment brings the local law into line with the current national competition agreement and clarifies the offence provisions that apply. The changes take effect from 22 September 2026, 14 days after publication.

Source: Western Australian Government Gazette, No. 115, 8 September 2026, Local Government section, p. 1877 (official reference: LG401).