Kalamunda council enacts new property local law covering markets, alcohol and vaping

The City of Kalamunda has made a new local law governing what people may do on council-owned land, covering permits, markets, street trading, alcohol and vaping devices. The Council of the City of Kalamunda resolved on 22 September 2026 to make the City of Kalamunda Local Government Property Local Law 2026, published in the Government Gazette of Western Australia No. 126 of Friday 2 October 2026, a special edition. The law repeals the Shire of Kalamunda Local Government Property Local Law published in Government Gazette No. 191 of 19 September 2001 and comes into operation 14 days after publication.

The local law is made under the Local Government Act 1995 and applies throughout the district, with the stated purpose of regulating and managing activities on local government property; any person on that property must comply with it. The Common Seal of the City of Kalamunda was affixed by authority of a Council resolution on 30 September 2026 in the presence of Margaret Thomas JP, Mayor, and Anthony Vuleta, Chief Executive Officer. Permits, licences, consents, authorisations, notices and infringements issued under the repealed 2001 law remain valid for the period specified on them and may be cancelled or suspended under the new law.

Permits, markets and street trading

A permit is required on any local government property to hire the property, erect a sign or advertise, erect a structure for public amusement or performance, teach or coach for profit, plant or sow, harvest wildflowers commercially, carry on trading, conduct or set up a market, conduct a function, charge entry, light a fire, parachute or abseil, erect a building or refuelling site, excavate, erect or remove a fence, install utility structures, gamble publicly, film commercially, erect large umbrellas or shade structures, use amplification equipment, or conduct an entertainment event.

Trading conditions may set the days and hours of trading, the number and construction of stands, tables or vehicles, the goods or services permitted, the persons allowed to trade, and the place of trading. A permit is valid for one year from issue unless otherwise stated, and renewal applications must be lodged no later than 28 days before expiry.

Alcohol, vaping and behaviour

The law prohibits smoking or using a vaping device within 10 metres of any door, window, air intake or ventilation aperture of a building on local government property, inside such a building, or where smoking is restricted. Liquor may not be consumed or possessed on local government property unless permitted under the Liquor Control Act 1988 and licensed for that purpose, although sealed containers are exempt. Camping, lodging or erecting a tent or similar structure without a permit is also prohibited, and a person directed to leave may be refused entry for up to 12 months.

Determinations, penalties and appeals

Schedule 2 determinations take effect on the commencement day, barring golf or archery, firearms, vehicles, animals and electric rideable devices on all local government property unless the area is expressly set aside, signposted or authorised by law. Determinations require local public notice with 21 days for written submissions.

• Maximum penalty on conviction: $10,000, plus up to $1,000 for each day a continuing offence continues.
• Schedule 1 lists 46 prescribed offences with modified penalties ranging from $150 to $1,000.
• Examples: $1,000 for lighting a fire, excavation, fences or cutting a tree; $500 for trading, markets, functions, liquor or damaging property; $250 for smoking or vaping breaches, camping or failing to obey an authorised person.
• Objection and appeal rights apply under Division 1 of Part 9 of the Act and regulation 33 of the Local Government (Functions and General) Regulations 1996.

The change matters to residents, traders and event organisers across the district: markets, stalls, functions and commercial filming on council land now run under a single permit regime with published penalties, while the vaping and liquor rules extend to parks, halls and facilities. Unclaimed articles left on local government property may be disposed of after three months.

Source: Government Gazette of Western Australia, No. 126, 2 October 2026, Special edition, p. 2243 (official reference: Government Gazette of Western Australia No. 126 of 2 October 2026).