Town approves Delegated Authority to Remove Graffiti from Private Property

The Town of East Fremantle recently endorsed a recommendation to approve delegate authority to enter private property to remove graffiti, even if it has been applied with the consent of the property owner.

The Graffiti Vandalism Act 2016 (Act) came into effect on 7 October 2016. The Act consolidates powers assigned to Police, Transit Officers and local governments that were previously contained in a number of pieces of legislation into a single Act to deal with graffiti offences.

For local governments the Act provides additional powers to enter on to private property to remove graffiti that has been applied with the consent of the property owner but is visible from a public place and is considered unsightly or offensive.

Prior to exercising these powers, a local government is required to give notice to the owner or occupier of a property requiring the graffiti to be removed. Where the person to whom a notice has been issued fails to comply with the notice they commit an offence. A local government can then give effect to the notice and recover its cost of doing so from the person to whom the notice was issued.

It is important to note that a person to whom a notice is issued is able to object to the notice being issued by lodging an objection with the Chief Executive Officer or alternatively, may seek a review of the Town’s decision to issue a notice by the State Administrative Tribunal.

When issuing a notice under the Act the Town must advise the person to whom it is issued of their right to object to the notice.

For a copy of the form click here

When the owner or occupier of a property objects to the Town entering the property to remove graffiti, the Town may obtain a warrant to enter the property and undertake this work. 

For further information please do not hesitate to contact the Town of East Fremantle via telephone (08) 9339 9339 or email admin@eastfremantle.wa.gov.au