{"id":"wa-local:narrogin-shire-of-extractive-industries-local-law-2017","name":"Extractive Industries Local Law 2017","slug":"extractive-industries-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438626,"registerId":"wa-local:narrogin-shire-of-extractive-industries-local-law-2017-pdf-1775954970608","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extractive Industries Local Law 2017","content":"!2017176GG!\n4711\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, FRIDAY, 8 SEPTEMBER 2017 No. 176 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nSHIRE OF NARROGIN\n_________\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nBUSH FIRE BRIGADES\nLOCAL LAW 2017\n———————————\nLOCAL GOVERNMENT ACT 1995\nEXTRACTIVE INDUSTRIES\nLOCAL LAW 2017\n\n\n\n8 September 2017 GOVERNMENT GAZETTE, WA 4713\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF NARROGIN\nBUSH FIRE BRIGADES LOCAL LAW 2017\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Definitions\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\n2.1 Establishment of a bush fire brigade\n2.2 Name and area of bush fire brigade\n2.3 Objects of bush fire brigades\n2.4 Chain of command during normal brigade activities\n2.5 Existing bush fire brigades\n2.6 Dissolution of bush fire brigade\n2.7 New arrangement after dissolution\nPART 3—ORGANISATION OF BUSH FIRE BRIGADES\n3.1 Local government responsible for structure\n3.2 Appointment of bush fire control officers\n3.3 Appointment of bush fire brigade officers\n3.4 Managerial role of CBFCO\n3.5 Duties of Captain and bush fire brigade officers\n3.6 Training of bush fire control officers\nPART 4—MEMBERSHIP\n4.1 Types of membership of bush fire brigades\n4.2 Membership applications\n4.3 Membership—review, refusal, suspension or termination\n4.4 Member has right to review\n4.5 Existing liabilities to continue\n4.6 Disagreements\nPART 5—GENERAL\n5.1 Administration\n5.2 Finances\n5.3 Equipment\n5.4 Consideration in the local government budget\n\n\n\n8 September 2017 GOVERNMENT GAZETTE, WA 4715\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF NARROGIN\nBUSH FIRE BRIGADES LOCAL LAW 2017\nUnder the powers conferred by the Bush Fires Act 1954, the Local Government Act 1995 and under all\nother powers enabling it, the Council of the Shire of Narrogin resolved on 23 August 2017 to make the\nfollowing local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Narrogin Bush Fire Brigades Local Law 2017.\n1.2 Commencement\nThis local law will come into operation 14 days after its publication in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Bush Fires Act 1954;\nbush fire brigade has the meaning given to it in section 7 of the Act;\nbush fire brigade area has the meaning given to it in clause 2.2(b);\nbush fire brigade member means a volunteer fire fighter having current membership of a bush\nfire brigade;\nbush fire brigade officer means a person holding a position referred to in clause 3.3(1);\nbush fire control officer means a person appointed by the local government to exercise the\npowers of a bush fire control officer or bush fire officer in accordance with the Act and this\nlocal law;\nBush Fire Operating Procedures means the Bush Fire Operating Procedures as may be\nadopted by the local government and amended from time to time;\nCaptain means the person holding or acting in that position in a bush fire brigade;\nCBFCO means the Chief Bush Fire Control Officer;\nCEO means the Chief Executive Officer of the local government;\nCouncil means the Council of the local government;\ndistrict means the district of the local government;\nLieutenant means the person holding that position in a bush fire brigade;\nlocal government means the Shire of Narrogin;\nnormal brigade activities has the meaning given to it in section 35A of the Act;\nPresident means President of the Council;\nRegulations means Regulations made under the Act; and\nvolunteer fire fighter has the meaning given to it in section 35A of the Act.\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\n2.1 Establishment of a bush fire brigade\n(1) The local government may establish a bush fire brigade for the purpose of carrying out normal\nbrigade activities.\n(2) A bush fire brigade is established on the date of the local government’s decision under\nsubclause (1).\n\n4716 GOVERNMENT GAZETTE, WA 8 September 2017\n2.2 Name and area of bush fire brigade\nOn establishing a bush fire brigade under clause 2.1(1) the local government is to—\n(a) give a name to the bush fire brigade; and\n(b) specify the area in which the bush fire brigade is primarily responsible for carrying out the\nnormal brigade activities.\n2.3 Objects of bush fire brigades\nThe objects of the bush fire brigade are to carry out—\n(a) the normal brigade activities; and\n(b) the functions of the bush fire brigade which are specified in the Act, the Regulations and this\nlocal law.\n2.4 Chain of command during normal brigade activities\n(1) Subject to the Act, the chain of command to apply during normal brigade activities is—\n(a) bush fire control officers in order of seniority;\n(b) bush fire brigade officers in order of seniority; and\n(c) all other volunteer fire fighters.\n(2) The person in command has full control over other persons fighting the fire, and is to issue\ninstructions as to the methods to be adopted by the fire fighters, and may exercise all the powers and\nduties provided for by the Act.\n2.5 Existing bush fire brigades\nA bush fire brigade established prior to the day on which this local law comes into operation—\n(a) is to be taken to be a bush fire brigade established under and in accordance with this local\nlaw;\n(b) the provisions of this local law apply to the bush fire brigade save for clause 2.1; and\n(c) any rules governing the operation of the bush fire brigade are repealed and substituted with\nthe provisions of this local law.\n2.6 Dissolution of bush fire brigade\nIn accordance with section 41(3) of the Act, the local government may cancel the registration of a bush\nfire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local\nlaw, or is not achieving the objectives for which it was established.\n2.7 New arrangement after dissolution\nIf a local government cancels the registration of a bush fire brigade, alternative fire control\narrangements are to be made in respect of the brigade area.\nPART 3—ORGANISATION OF BUSH FIRE BRIGADES\n3.1 Local government responsible for structure\nThe local government is to ensure that there is an appropriate structure through which the\norganisation of bush fire brigades is maintained.\n3.2 Appointment of bush fire control officers\n(1) The local government may appoint bush fire control officers in their absolute discretion, and apply\nconditions as considered appropriate.\n(2) Where only one person is appointed as a bush fire control officer, that person is the CBFCO for the\npurposes of this local law.\n(3) Where more than one person is appointed as a bush fire control officer, the local government shall\ndetermine seniority as CBFCO, Deputy CBFCO, and further seniority as is considered appropriate.\n(4) When considering the appointment of a person as a bush fire control officer, the local government\nis to have regard to the qualifications, training and experience which may be advisable to fill the\nposition.\n3.3 Appointment of bush fire brigade officers\n(1) The local government shall appoint the following bush fire brigade officers in their absolute\ndiscretion—\n(a) a bush fire control officer from the bush fire brigade area to be Captain;\n(b) where there is more than one bush fire control officer in a bush fire brigade area, a bush fire\ncontrol officer from the bush fire brigade area as first lieutenant;\n(c) where there is not more than one bush fire control officer in a bush fire brigade area, an\nappropriate person from the bush fire brigade area as first lieutenant; and\n(d) if considered necessary, any additional officers as necessary for the effective management of\nnormal brigade activities.\n(2) The local government may remove any appointed person from any position.\n(3) A bush fire brigade may make appointments to other positions as they see fit and as considered\nappropriate.\n\n8 September 2017 GOVERNMENT GAZETTE, WA 4717\n(4) When considering the appointment of persons to the positions of Captain, Lieutenant or other\nposition, the local government is to have regard to the qualifications, training and experience which\nmay be advisable to fill each position.\n3.4 Managerial role of CBFCO\nSubject to any directions by the local government, the CBFCO—\n(a) has primary managerial responsibility for the organisation and maintenance of bush fire\nbrigades;\n(b) is to support Captains and bush fire brigade officers in their roles; and\n(c) where a vacancy in the position of Captain appointed under clause 3.3(1)(a), or in order of\nseniority, other appointed bush fire brigade officer willing to act in that position, the CBFCO\nis to act as Captain until an appointment is made by the local government to the position.\n3.5 Duties of Captain and bush fire brigade officers\n(1) The duties of the Captain include—\n(a) to provide leadership to bush fire brigades;\n(b) to monitor bush fire brigades’ resourcing, equipment and training levels;\n(c) to liaise with the local government concerning—\n(i) fire prevention or fire suppression matters generally;\n(ii) directions to be issued by the local government to bush fire control officers (including\nthose who issue permits to burn);\n(iii) bush fire brigades; or\n(iv) bush fire brigade officers;\n(d) to ensure that lists of bush fire brigade members are maintained in accordance with\nclause 4.3(1);\n(e) to report annually to the local government the office bearers of the bush fire brigade in the\nform of Form 12 of the Regulations;\n(f) to report to the local government not later than 30 April each year, for consideration and\nappropriate provision being made in the next local government budget, the status of a bush\nfire brigade’s—\n(i) training and readiness;\n(ii) protective clothing;\n(iii) equipment; and\n(iv) vehicles and appliances;\n(g) to consider the nomination of persons to the local government for appointment as bush fire\ncontrol officers by the local government;\n(h) to arrange for normal brigade activities as authorised by the Act or by the local government;\n(i) where a vacancy occurs in a position appointed under clause 3.3(1)(b) or (c), to—\n(i) advise the CEO of the vacancy as soon as practicable ; and,\n(ii) make alternate suitable arrangements for that position until an appointment is made\nby the local government; and\n(j) to make recommendations to the local government for endorsement prior to implementation.\n(2) The duties of other bush fire brigade officers are to support the CBFCO and Captain in their roles.\n3.6 Training of bush fire control officers\n(1) The local government is to supply each bush fire control officer and Captain with a copy of the Act,\nthe Regulations, any Bush Fire Operating Procedures adopted, this local law and any other written\nlaws which may be relevant to the performance of the bush fire brigade officers’ functions, and any\namendments made from time to time.\n(2) Bush fire control officers are required to complete a Bush Fire Control Officers course conducted\nby an organisation approved by the CEO, within 12 months of appointment, unless a course has been\ncompleted within the 4 years prior to appointment as a bush fire control officer.\n(3) Bush fire control officers are required to complete a bush fire control officers course at least once\nevery 5 years.\nPART 4—MEMBERSHIP\n4.1 Types of membership of bush fire brigades\n(1) The membership of a bush fire brigade consists of volunteer fire fighters.\n(2) Registration as a volunteer fire fighter does not commit the person to participating in all normal\nbrigade activities.\n4.2 Membership applications\nThe decision on admission of a bush fire brigade member, with or without conditions or restrictions,\nmay be made by—\n(a) either the Captain or CBFCO; jointly with\n(b) either the CEO or President.\n\n4718 GOVERNMENT GAZETTE, WA 8 September 2017\n4.3 Membership—review, refusal, suspension or termination\n(1) No later than 30 April in each year, the Captain is to review the membership and report to the\nCEO and CBFCO the name and contact details of each bush fire brigade member.\n(2) If circumstances warrant, membership of the bush fire brigade may be refused or suspended at\nany time for a period considered appropriate in the opinion of—\n(a) either the Captain or CBFCO; jointly with\n(b) either the CEO or President.\n(3) Membership of the bush fire brigade terminates if the member—\n(a) dies;\n(b) gives written notice of resignation to the Captain or CEO;\n(c) is permanently incapacitated by mental or physical ill-health; or\n(d) is no longer a resident or a landowner or occupier in the district, or for other sufficient reason.\n(4) A decision to terminate membership under subclause (3)(c) or (d) is to be made by—\n(a) either the Captain or CBFCO; jointly with\n(b) either the CEO or President.\n(5) Where a decision under subclause (2), (3)(c) or (3)(d) is unable to be agreed, the matter is to be\nreferred to the local government.\n(6) The decision of the local government shall be final.\n(7) Members are eligible to reapply where membership has ceased for any reason.\n4.4 Member has right to review\n(1) A bush fire brigade member may appeal to the local government, any—\n(a) refusal of membership;\n(b) suspension of membership; or\n(c) termination of membership.\n(2) The decision of the local government shall be final.\n4.5 Existing liabilities to continue\nThe resignation, suspension or termination of a member under clause 4.3 does not affect any liability\nof the bush fire brigade member arising prior to the date of resignation, suspension or termination of\nmembership.\n4.6 Disagreements\n(1) Any disagreement between bush fire brigade members regarding normal brigade activities may be\nreferred to the Captain.\n(2) Where a disagreement in subclause (1) is considered by the Captain to be of importance to the\ninterests of the bush fire brigade, then the Captain may refer the disagreement to the CBFCO or to\nthe local government.\n(3) Where a disagreement is referred to the CBFCO, the CBFCO may—\n(a) determine the disagreement; or\n(b) refer the matter to the local government.\n(4) The local government is the final authority on matters affecting the bush fire brigade, and may\nresolve any disagreement referred to it.\nPART 5—GENERAL\n5.1 Administration\nAll administrative matters of a bush fire brigade are to be managed by the local government, other\nthan bush fire brigade specific internal arrangements.\n5.2 Finances\nAll financial matters of a bush fire brigade are to be managed by the local government, other than\nbush fire brigade specific internal arrangements.\n5.3 Equipment\nAll equipment purchased by the local government is the property of, and shall be insured by, the local\ngovernment.\n5.4 Consideration in the local government budget\nIn addition to funding made available through emergency services grants, the local government may\nprovide further funding depending upon the assessment of budget priorities for the year in question.\n————\nDated 24 August 2017.\nThe Common Seal of the Shire of Narrogin was affixed by authority of a resolution of Council in the\npresence of—\nL. N. BALLARD President.\nA. J. COOK, Chief Executive Officer.\n\n8 September 2017 GOVERNMENT GAZETTE, WA 4719\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF NARROGIN\nEXTRACTIVE INDUSTRIES LOCAL LAW 2017\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Definitions\nPART 2—REQUIREMENT FOR LICENCE\n2.1 Extractive industries prohibited without licence\nPART 3—APPLICATION REQUIREMENTS\n3.1 Applicant to advertise proposal\n3.2 Application for licence\n3.3 Plan of excavation site\n3.4 Works and excavation program\n3.5 Rehabilitation and decommissioning program\n3.6 Certificate of a licensed surveyor\n3.7 Security for restoration of excavation site and for road infrastructure\nPART 4—LICENCING\n4.1 When an application may be determined\n4.2 Determination of application\n4.3 Conditions which may be imposed\n4.4 Transport of materials\n4.5 Renewal of licence\n4.6 Variation of licence\n4.7 Transfer of licence\n4.8 Cancellation of licence by the local government\nPART 5—LIMITATIONS, OBLIGATIONS AND PROHIBITIONS ON LICENSEE\n5.1 Obligations of the licensee\n5.2 Limits on excavation near boundary\n5.3 Prohibitions\n5.4 Blasting\nPART 6—CESSATION OF OPERATIONS\n6.1 Notice of cessation of operations by licensee\n6.2 Cessation of operations—permanent\n6.3 Cessation of operation—temporary\n6.4 Works to be carried out on cessation of operations\nPART 7—MISCELLANEOUS\n7.1 Public liability\n7.2 Mines Safety and Inspection Act 1994 and Environmental Protection Act 1986\n7.3 Annual licence fee\n7.4 Use of secured sum by the local government\n\n4720 GOVERNMENT GAZETTE, WA 8 September 2017\nPART 8—NOTICES\n8.1 Notice to remedy non-compliance\n8.2 Notice requirements\n8.3 Local government may undertake requirements of notice\n8.4 Offence to fail to comply with notice\nPART 9—OBJECTIONS AND REVIEW\n9.1 Objection and review rights\nPART 10—OFFENCES AND PENALTIES\n10.1 Offences\n10.2 General penalty\n10.3 Modified penalties\n10.4 Forms\nSCHEDULE—PRESCRIBED OFFENCES\n\n8 September 2017 GOVERNMENT GAZETTE, WA 4721\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF NARROGIN\nEXTRACTIVE INDUSTRIES LOCAL LAW 2017\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the Shire of Narrogin resolved on 23 August 2017 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Narrogin Extractive Industries Local Law 2017.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Application\nThe provisions of this local law—\n(a) subject to paragraphs (b), (c) and (d)—\n(i) apply and have force and effect throughout the whole of the district; and\n(ii) apply to every excavation whether commenced prior to or following the coming into\noperation of this local law;\n(b) do not apply to the extraction of minerals under the Mining Act 1978;\n(c) do not apply to the carrying on of an extractive industry on Crown land; and\n(d) do not apply to the carrying on of an extractive industry on land by the owner or occupier of\nthat land for use on that land.\n1.4 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Local Government Act 1995;\ncarry on an extractive industry means quarrying and excavating for stone, gravel, sand and\nother material, and the transporting of the material off the site, but excludes extractive\nactivities undertaken by statutory authorities;\napplication for licence includes application to renew, transfer, vary or cancel a licence as the\ncontext requires;\nauthorised person means a person appointed by the local government to perform all or any of\nthe functions conferred on an authorised person under this local law;\nCEO means the Chief Executive Officer of the local government;\ndistrict means the district of the Shire of Narrogin;\nexcavation includes quarry;\ninfringement notice means the notice referred to in clause 10.4(a);\nland, unless the context requires otherwise, means the land on which the applicant proposes\ncarrying on the extractive industry to which the licence application relates, and includes\nadjoining lots or locations in the same occupation or ownership;\nlicence means a licence issued under this local law;\nlicensee means the person named in the licence as the licensee;\nlocal government means the Shire of Narrogin;\nlocal planning scheme means a planning scheme of the local government made under the\nPlanning and Development Act 2005;\nnotice of withdrawal means the notice referred to in clause 10.4(b);\nowner has the meaning given to it in section 1.4 of the Act;\noccupier has the meaning given to it in section 1.4 of the Act;\n\n4722 GOVERNMENT GAZETTE, WA 8 September 2017\nperson does not include the local government;\nplanning approval means an approval for a development and/or a land use that is issued under\na local planning scheme administered by the local government;\nSchedule means a schedule to this local law;\nsecured sum means the sum required to be paid or the amount of a bond, bank guarantee or\nother security under clause 3.7;\nset fee a fee determined by the local government in accordance with sections 6.16 to 6.19 of the\nAct;\nsite means the land specified by the local government in a licence.\nthoroughfare has the meaning given to it in section 1.4 of the Act; and\ntransferee means a person who applies for the transfer of a licence to her or him under\nclause 4.7.\nPART 2—REQUIREMENT FOR LICENCE\n2.1 Extractive industries prohibited without licence\nA person must not carry on an extractive industry—\n(a) unless the person is the holder of a valid and current licence; and\n(b) otherwise than in accordance with any terms and conditions set out in, or applying in respect\nof, the licence.\nPART 3—APPLICATION REQUIREMENTS\n3.1 Applicant to advertise proposal\n(1) Unless the local government first approves otherwise, a person seeking the issue of a licence shall,\nbefore making application for a licence—\n(a) forward a notice to—\n(i) the owners and occupiers of all land adjoining the land upon which it is proposed to\nexcavate, or within an area determined by the local government as likely to be affected\nby the granting of a licence; and\n(ii) every authority or person having control or jurisdiction over any of the things referred\nto in clause 3.3(1)(g) and (h) within 500 metres from the boundaries of the land, or\nwithin an area determined by the local government as likely to be affected by the\ngranting of a licence; and\n(b) as soon as practicable after complying with the requirements of paragraph (a)—\n(i) forward a copy of the notice to the CEO; and\n(ii) publish the notice in a newspaper circulating in the area in which the proposed\nexcavation is located.\n(2) The information contained in the notice referred to in subclause (1) shall include but is not limited\nto—\n(a) particulars of the proposed excavation; and\n(b) inviting objections or comments to be made to the CEO within 21 days of date of receipt of the\nnotice.\n(3) The local government may undertake a public consultation process including but not limited to—\n(a) provision of information by mail or similar;\n(b) electronically through a website or similar; and\n(c) public meetings.\n(4) The local government may, within 14 days after receiving a copy of a notice referred to in\nsubclause (1), cause to be displayed, or require the proposed applicant to display, in a prominent\nposition on the land one or more notices—\n(a) in a form approved by the local government;\n(b) the content, size, construction and position of which have been approved by the local\ngovernment;\n(c) specifying particulars of the proposed excavation; and\n(d) inviting objections or comments within 21 days from the placement of the notice.\n3.2 Application for licence\n(1) An application for a licence shall—\n(a) be made in writing;\n(b) state—\n(i) name of person or company for whom the application is being lodged;\n(ii) name of primary contact person for the company and in relation to the application;\n(iii) telephone, mobile phone and email contact details; and\n(iv) postal and street address.\n\n8 September 2017 GOVERNMENT GAZETTE, WA 4723\n(c) be accompanied by—\n(i) the set fee;\n(ii) a current certificate of currency for public liability policy in accordance with clause 7.1;\n(iii) the consent in writing to the application from the owner of the excavation site; and\n(iv) a copy of the planning approval for an extractive industry to be conducted on the land;\n(d) include any information that the local government may reasonably require; and\n(e) be signed by the applicant.\n(2) An application for a licence must be lodged with the local government together with details of the\nproposed excavation, including but not limited to—\n(a) a plan of the excavation site in accordance with clause 3.3;\n(b) a works and excavation program in accordance with clause 3.4;\n(c) a rehabilitation and decommissioning program in accordance with clause 3.5;\n(d) evidence that a datum peg has been established on the land related to a point approved by\nthe local government on the surface of a constructed public thoroughfare or such other land in\nthe vicinity;\n(e) a certificate from a licensed surveyor;\n(f) evidence that the requirements of clause 3.1(1), (3) and (4) have been carried out;\n(g) copies of all land use planning approvals required under any planning legislation;\n(h) copies of any environmental approval required under any environmental legislation;\n(i) copies of any geotechnical information relating to the excavation site;\n(j) evidence that an application for a clearing permit has been lodged with the Department of\nEnvironmental Regulation if that is required under regulation 5 of the Environmental\nProtection (Clearing of Native Vegetation) Regulations 2004; and\n(k) any other information that the local government may reasonably require.\n(3) The application under subclause (1) and detailed information under subclause (2) shall consist of\n1 signed paper copy and an electronic copy.\n(4) The local government may exempt a person making an application for a licence from supplying\nany of the data specified in subclause (2)(c), (d), (e) or (i), where—\n(a) the surface area is not to exceed 2000 square metres; and\n(b) the material to be extracted from the proposed excavation is not to exceed 2000 cubic metres.\n3.3 Plan of excavation site\n(1) The plan referred to in clause 3.2(2)(a) shall be in a scale of between 1:500 and 1:2000 showing—\n(a) the existing and proposed land contours based on the Australian Height Datum and plotted\nat 1 metre contour intervals;\n(b) the land on which the excavation site is to be located;\n(c) the external surface dimensions of the land;\n(d) the location and depth of the existing and proposed excavation of the land;\n(e) the location of existing and proposed thoroughfares or other means of vehicle access to and\negress from the land and to public thoroughfares in the vicinity of the land;\n(f) the location of buildings, treatment plant, tanks and other improvements and developments\nexisting on, approved for or proposed in respect of the land;\n(g) the location of existing infrastructure services including but not limited to powerlines and\ncommunication cables, and any associated poles or pylons, sewers, pipelines, reserves,\nbridges, railway lines and registered grants of easement or other encumbrances over, on,\nunder or adjacent to or in the vicinity of the land;\n(h) the location of all existing bores, dams, watercourses, drains or sumps on or adjacent to the\nland;\n(i) the location and description of existing and proposed fences, gates and warning signs around\nthe land; and\n(j) the location of the areas proposed to be used for stockpiling excavated material, treated\nmaterial, overburden and soil storage on the land and elsewhere;\n(2) All survey data supplied by an applicant for the purpose of subclause (1) shall comply with\nAustralian Height Datum and Australian Map Grid standards.\n3.4 Works and excavation program\nThe works and excavation program referred to in clause 3.2(2)(b) shall contain—\n(a) the nature and estimated duration of the proposed excavation for which the licence is applied;\n(b) the stages and the timing of the stages in which it is proposed to carry out the excavation;\n(c) details of the methods to be employed in the proposed excavation and a description of any on-\nsite processing works;\n(d) details of the depth and extent of the existing and proposed excavation of the site;\n(e) an estimate of the depth of and description of the nature and quantity of the overburden to be\nremoved;\n\n4724 GOVERNMENT GAZETTE, WA 8 September 2017\n(f) a description of the methods by which existing vegetation is to be cleared and topsoil and\noverburden removed or stockpiled;\n(g) a description of the means of access to the excavation site and the types of thoroughfares to be\nconstructed;\n(h) details of the proposed number and size of trucks entering and leaving the site each day and\nthe route or routes to be taken by those vehicles;\n(i) a description of any proposed buildings, water supply, treatment plant, tanks and other\nimprovements;\n(j) details of drainage conditions applicable to the land and methods by which the excavation site\nis to be kept drained;\n(k) a description of the measures to be taken to minimise sand drift, dust nuisance, erosion,\nwatercourse siltation and dangers to the general public;\n(l) a noise management plan, including a description of the measures to be taken to comply with\nthe Environmental Protection Act 1986 and the Environmental Protection (Noise)\nRegulations 1997;\n(m) a description of the existing site environment and a report on the anticipated effect that the\nproposed excavation will have on the environment in the vicinity of the land;\n(n) details of the nature of existing vegetation, shrubs and trees and a description of measures to\nbe taken to minimise the destruction of existing vegetation;\n(o) a description of the measures to be taken in screening the excavation site, or otherwise\nminimising adverse visual impacts, from nearby thoroughfares or other areas; and\n(p) details of measures to reduce impact on the adjoining owners and occupiers, and the wider\ncommunity.\n3.5 Rehabilitation and decommissioning program\nThe rehabilitation and decommissioning program referred to in clause 3.2(2)(c) shall indicate—\n(a) the objectives of the program, having due regard to the nature of the surrounding area and\nthe proposed end-use of the excavation site;\n(b) whether restoration and reinstatement of the excavation site is to be undertaken\nprogressively or upon completion of excavation operations;\n(c) how any face is to be made safe and batters sloped;\n(d) the method by which topsoil is to be replaced and revegetated;\n(e) the numbers and types of trees and shrubs to be planted and other landscaping features to be\ndeveloped;\n(f) how rehabilitated areas are to be maintained; and\n(g) the program for the removal of buildings, plant, waste and final site clean up.\n3.6 Certificate of a licensed surveyor\nThe certificate from a licensed surveyor referred to in subclause 3.2(2)(e) shall certify the correctness\nof—\n(a) the datum peg and related point referred to in subclause 3.2(2)(d); and\n(b) the plan referred to in subclause 3.2(2)(a).\n3.7 Security for restoration of excavation site and for road infrastructure\n(1) The local government may require that the licensee shall give to the local government a bond,\nbank guarantee or other security, of a kind and in a form acceptable to the local government, in or for\na sum determined by the local government, for the purposes of—\n(a) ensuring that an excavation site is properly restored or reinstated; and\n(b) ensuring that road infrastructure is repaired and maintained to the standard agreed in\naccordance with subclauses 4.4(2) and (3).\n(2) The security required under subclause (1) may be required to be provided by the applicant to the\nlocal government—\n(a) as a condition of a licence; or\n(b) before the issue of a licence.\n(3) A bond required under subclause (1) is to be paid into a fund established by the local government\nfor the purposes of this clause.\n(4) If a bank guarantee or other security required under subclause (1) ceases to be current, excavation\nis to cease until a further security in a form acceptable to the local government has been provided.\n(5) Subject to clause 7.4, any interest accrued in respect of the bond paid into the fund under\nsubclause (3) is to be returned to the licensee at the completion of the restoration and reinstatement\nworks required by the licence conditions or otherwise under this local law.\nPART 4—LICENCING\n4.1 When an application may be determined\nAn application for a licence is not to be determined by the local government until—\n(a) the applicant submits proof of that the requirements for notices, public information and\nconsultation have been undertaken in accordance with subclauses 3.1(1), (2) and (3);\n\n8 September 2017 GOVERNMENT GAZETTE, WA 4725\n(b) the applicant has made an application for licence in accordance with subclause 3.2(1), (2)\nand (3);\n(c) the local government has considered any written submissions received within the time\nspecified in subclauses 3.1(2)(b) and 3.1(4); and\n(d) planning approval for an extractive industry use of the land has been obtained.\n4.2 Determination of application\n(1) Upon receipt of an application, the local government may—\n(a) refuse the application; or\n(b) approve the application—\n(i) over the whole or part of the land in respect of which the application is made; and\n(ii) on such terms and conditions, if any, as it sees fit.\n(2) The local government may refuse to consider an application for a licence that does not comply with\nthe requirements of clause 3.2.\n(3) Where the local government approves an application for a licence, it shall—\n(a) determine the licence period, not exceeding 21 years from the date of issue; and\n(b) approve the issue of a licence in the form determined by the local government from time to\ntime.\n(4) Where the local government approves the issue of a licence, the CEO shall issue the licence to the\napplicant upon receipt by the local government of—\n(a) payment of the annual set fee;\n(b) payment of the secured sum if any, imposed under clause 3.7;\n(c) the documents, if any, executed to the satisfaction of the CEO, under clause 3.7; and\n(d) a copy of the public liability insurance policy required under clause 7.1(1).\n4.3 Conditions which may be imposed\nWithout limiting subclause 4.2(1), the local government may impose conditions in respect of the\nfollowing matters, including but not limited to—\n(a) the orientation of the excavation to reduce visibility from other land;\n(b) the appropriate siting of access thoroughfares, buildings and plant;\n(c) the stockpiling of material;\n(d) the hours during which any excavation work may be carried out;\n(e) the hours during which any processing plant associated with, or located on, the site may be\noperated;\n(f) requiring all crushing and treatment plant to be enclosed within suitable buildings to\nminimise the emission of noise, dust, vapour and general nuisance to the satisfaction of the\nlocal government;\n(g) the depths below which a person shall not excavate;\n(h) distances from adjoining land or roads within which a person must not excavate;\n(i) the safety of persons employed at or visiting the excavation site;\n(j) the control of dust and wind-blown material;\n(k) the planting, care and maintenance of trees, shrubs and other landscaping features during\nthe time in which the extractive industry is carried out in order to effectively screen the area\nto be excavated and to provide for progressive rehabilitation;\n(l) the prevention of the spread of dieback or other disease;\n(m) the drainage of the excavation site and the disposal of water;\n(n) the restoration and reinstatement of the excavation site, the staging of such works, and the\nminimising of the destruction of vegetation;\n(o) the provision of retaining walls to prevent subsidence of any portion of the excavation or of\nland abutting the excavation;\n(p) requiring the licensee to furnish to the local government a surveyor’s certificate each year,\nprior to the renewal fee being payable, to certify the quantity of material extracted and that\nmaterial has not been excavated below the final contour levels outlined within the approved\nexcavation program;\n(q) requiring the licensee to enter into an agreement with the local government to pay a\ncontribution in respect of thoroughfares in the district used by heavy or extraordinary traffic\nconducted by or on behalf of the licensee under the licence, in accordance with subclauses\n4.4(2) and (3)—\n(i) any extraordinary expenses incurred by the local government; and\n(ii) repair of damage caused;\n(r) requiring the licensee to enter into an agreement with the local government in respect of any\ncondition or conditions imposed under this local law; and\n(s) any other matter for properly regulating the carrying on of an extractive industry.\n\n4726 GOVERNMENT GAZETTE, WA 8 September 2017\n4.4 Transport of materials\n(1) The local government may, from time to time, prescribe by giving written notice to the licensee—\n(a) determine routes to be taken by the licensee for the transport of materials from the site\nthrough the roads within the district, if the proposed routes are not suitable for the proposed\nhaulage;\n(b) the tonnage limits to be transported along a particular route; and\n(c) the times during which materials from the site may be transported through the roads within\nthe district.\n(2) If a road on a route prescribed under subclause (1) is inadequate for the transport of materials\nfrom the site, the local government may require the licensee to pay all or part of the costs or\nestimated costs, as determined by the local government, of upgrading the road to the standard\nrequired by the local government for these purposes.\n(3) The licensee must pay to the local government, as and when required by the local government, the\ncosts or estimated costs, as determined by the local government, of repairs and maintenance to any\nroad that are required as a result of the transport of materials from the site.\n(4) Each licence is to be taken to be subject to a condition requiring the licensee to comply with this\nclause.\n4.5 Renewal of licence\n(1) An application to renew a licence is not to be determined by the local government until the\napplicant has complied with subclause 4.5(2).\n(2) An application to renew a licence shall—\n(a) be made in writing;\n(b) state—\n(i) name of person or company for whom the application is being lodged;\n(ii) name of primary contact person for the company and in relation to the application;\n(iii) telephone, mobile phone and email contact details; and\n(iv) postal and street address.\n(c) be accompanied by—\n(i) the set fee;\n(ii) by a copy of the current licence;\n(iii) a current certificate of currency for public liability policy in accordance with clause 7.1;\n(d) be lodged by the licensee at least 90 days before the date of expiry of the licence;\n(e) include a plan showing the contours of the excavation carried out to the date of that\napplication;\n(f) detail the works, excavation and rehabilitation stages reached and of any changes or\nproposed changes with respect to any of the things referred to in subclauses 3.2(2)(b) and (c);\nand\n(g) submit any other things referred to in clauses 3.2 and 4.2.\n(3) The local government may waive any of the requirements specified in clause 4.5(2)(f) or (g).\n(4) The applicant shall not be obliged, unless otherwise required by the local government to submit\ndetails of any of the things referred to in clauses 3.2 and 4.2 if—\n(a) an application to renew a licence is in relation to land in respect of which the current licence\nwas issued less than 12 months prior to the date from which the new licence if granted would\napply; and\n(b) the methods to be employed in the proposed land excavation are identical to those being\nemployed at the date of the application.\n(5) Upon receipt of an application for renewal of a licence, the local government may—\n(a) refuse the application; or\n(b) approve the application on such terms and conditions as it sees fit.\n(6) Where the local government renews a licence under subclause (5), it shall notify the licensee in\nwriting.\n4.6 Variation of licence\n(1) An application to vary a licence—\n(a) may be made at any time; and\n(b) is not to be determined by the local government until the applicant has complied with\nclause 4.6(2).\n(2) An application to vary a licence shall—\n(a) be made in writing;\n(b) state—\n(i) name of person or company for whom the application is being lodged;\n(ii) name of primary contact person for the company and in relation to the application;\n(iii) telephone, mobile phone and email contact details; and\n(iv) postal and street address;\n\n8 September 2017 GOVERNMENT GAZETTE, WA 4727\n(c) be accompanied by—\n(i) the set fee;\n(ii) by a copy of the current licence; and\n(iii) a current certificate of currency for public liability policy in accordance with clause 7.1;\n(d) be lodged by the licensee at least 90 days before the date of expiry of the licence;\n(e) include a plan showing the contours of the excavation carried out to the date of that\napplication;\n(f) detail the works, excavation and rehabilitation stages reached and of any changes or\nproposed changes with respect to any of the things referred to in clauses 3.2(2)(b) and (c);\n(g) any other things referred to in clauses 3.2 and 4.2;\n(h) include any information that the local government may reasonably require; and\n(i) be signed by the licensee and the owner of the excavation site (if different to the licensee);\n(3) The local government may waive any of the requirements specified in clause 4.6(2)(f) or (g).\n(4) The applicant shall not be obliged, unless otherwise required by the local government to submit\ndetails of any of the things referred to in clauses 3.2 and 4.2 if—\n(a) an application to vary a licence is in relation to land in respect of which the current licence\nwas issued less than 12 months prior to the date from which the new licence if granted would\napply; and\n(b) the methods to be employed in the proposed land excavation are identical to those being\nemployed at the date of the application.\n(5) Upon receipt of an application to vary a licence, the local government may—\n(a) refuse the application; or\n(b) approve the application on such terms and conditions as it sees fit.\n(6) Where the local government approves a licence variation under subclause (5), it shall notify the\nlicensee and owner of the excavation site in writing.\n4.7 Transfer of licence\n(1) An application to transfer a licence is not to be determined by the local government until the\napplicant has complied with clause 4.7(2).\n(2) An application to transfer a licence shall—\n(a) be made in writing;\n(b) state—\n(i) name of person or company for whom the application is being lodged;\n(ii) name of primary contact person for the company and in relation to the application;\n(iii) telephone, mobile phone and email contact details; and\n(iv) postal and street address;\n(c) be accompanied by—\n(i) the set fee;\n(ii) a copy of the current licence;\n(iii) a certificate of currency in the name of the proposed transferee for public liability policy\nin accordance with clause 7.1;\n(iv) the consent in writing to the transfer from the owner of the excavation site;\n(d) be lodged by the licensee at least 90 days before the date of proposed transfer of the licence;\n(e) comply with and satisfy all conditions and requirements of the current licence;\n(f) provide equivalent security under clause 3.7 as is required by the current licence;\n(g) include any information that the local government may reasonably require; and\n(h) be signed by the licensee and the proposed transferee.\n(3) Upon receipt of an application to transfer a licence, the local government may—\n(a) refuse the application; or\n(b) approve the application on such terms and conditions as it sees fit.\n(4) Where the local government approves the transfer of a licence under subclause (3), it shall notify\nthe licensee and owner of the excavation site in writing.\n(5) Where the local government approves the transfer of a licence it shall not be required to refund\nany part of the fees and charges paid by the former licensee in respect of the transferred licence.\n(6) Where the local government does not approve the transfer of a licence—\n(a) the local government may cancel the licence in accordance with clause 4.8; or\n(b) the licensee may—\n(i) continue operations in accordance with the licence issued;\n(ii) give notice of cessation of operations in accordance with clauses 6.1; or\n(iii) give notice of temporary cessation of operations in accordance with clause 6.3.\n\n4728 GOVERNMENT GAZETTE, WA 8 September 2017\n4.8 Cancellation of licence by the local government\n(1) The local government may cancel a licence where the licensee has—\n(a) ceased to substantially carry on the extractive industry for a period in excess of 12 months\nand not advised the local government of cessation of operations under clause 6.1;\n(b) been convicted of an offence against—\n(i) this local law; or\n(ii) any other law relating to carrying on an extractive industry;\n(c) failed to comply with—\n(i) any of the conditions of an excavation licence;\n(ii) any provisions of this local law; or\n(iii) any term of an agreement made with the local government in accordance with this local\nlaw and default continues for a period of 14 days from service on the licensee of written\nnotice of default;\n(d) transferred or assigned or attempted to transfer or assign the licence without the consent of\nthe local government;\n(e) permitted another person to carry on an extractive industry otherwise than in accordance\nwith the terms and conditions of the licence and of the provisions of this local law;\n(f) failed to pay the annual licence fee under clause 7.3;\n(g) failed to have a current public liability insurance policy under clause 7.1(1); or\n(h) failed to provide a copy of the policy or evidence of its renewal as the case may be, under\nclause 7.1(2).\n(2) Where the local government cancels a licence under this clause—\n(a) the cancellation takes effect on and from the day on which the licensee is served with the\nnotice; and\n(b) the local government shall advise the licensee and owner of the excavation site in writing.\n(3) Where a local government cancels a licence under subclause (1), the local government shall not be\nrequired to refund any part of the fees and charges paid by the licensee in respect of the cancelled\nlicence.\nPART 5—LIMITATIONS, OBLIGATIONS AND PROHIBITIONS ON LICENSEE\n5.1 Obligations of the licensee\nA licensee shall—\n(a) where the local government so requires, securely fence the excavation to a standard\ndetermined by the local government and keep the gateways locked when not actually in use\nin order to prevent unauthorised entry;\n(b) erect and maintain warning signs along each of the boundaries of the area excavated under\nthe licence so that each sign—\n(i) is not more than 200 metres apart;\n(ii) is not less than 300 mm high and not less than 450 mm wide;\n(iii) the top of the sign is between 1.2 metres and 1.8 metres above ground level; and\n(iv) bears the words “DANGER EXCAVATIONS—KEEP OUT”;\n(c) except where the local government approves otherwise, drain and keep drained to the local\ngovernment’s satisfaction any excavation to which the licence applies so as to prevent the\naccumulation of water;\n(d) restore and reinstate the excavation site in accordance with the terms and conditions of the\nlicence, the site plans and the works and excavation program approved by the local\ngovernment;\n(e) take all reasonable steps to prevent the emission of dust, noise, vibration and other forms of\nnuisance from the excavation site; and\n(f) comply with the conditions imposed by the local government in accordance with clause 4.3.\n5.2 Limits on excavation near boundary\nSubject to any licence conditions imposed by the local government, a person shall not, without the\nwritten approval of the local government, excavate within—\n(a) 500 metres of any residence unless with the consent of the adjoining neighbours;\n(b) 50 metres of any bore, watercourse, wetland, swamp or other water reserve;\n(c) 50 metres of any thoroughfare;\n(d) 20 metres of the boundary of any land on which the excavation site is located;\n(e) 20 metres of any land affected by a registered grant of easement; or\n(f) 2 metres of the estimated maximum groundwater level as determined from time to time by\nthe Department of Water and Environmental Regulation or otherwise as adopted by the local\ngovernment.\n\n8 September 2017 GOVERNMENT GAZETTE, WA 4729\n5.3 Prohibitions\nA licensee shall not—\n(a) remove any trees or shrubs within 40 metres of the boundary of any thoroughfare on land in\nrespect of which a licence has been granted without written permission from the local\ngovernment and if required, the Department of Environmental Regulation, except for the\npurpose of constructing access thoroughfares, erecting buildings or installing plant for use in\nconnection with the excavation and then only with the express approval of the local\ngovernment and subject to any conditions which the local government may impose in\naccordance with clause 4.3;\n(b) store, or permit to be stored, except in the case of approved rock quarry sites, any explosives\nor explosive devices on the site to which the licence applies other than with the approval of\nthe local government and the Department of Mines, Industry Regulation and Safety; or\n(c) fill or excavate, other than in accordance with the terms and conditions of the licence, the site\nplans and the works and excavation program approved by the local government.\n5.4 Blasting\n(1) A person shall not carry out or permit to be carried out any blasting in the course of excavating\nunless—\n(a) the local government has otherwise given approval in respect of blasting generally or in the\ncase of each blast;\n(b) subject to subclause (2), the blasting takes place only between the hours of 8.00am and\n5.00pm, or as determined by the local government, on Mondays to Fridays inclusive;\n(c) the blasting is carried out in strict accordance with the Mines Safety and Inspection Act 1994,\nthe Environmental Protection Act 1986, and all relevant local laws of the local government;\nand\n(d) in compliance with any other conditions imposed by the local government concerning—\n(i) the time and duration of blasting;\n(ii) the purposes for which the blasting may be used; and\n(iii) such other matters as the local government may reasonably require in the interests of\nthe safety and protection of members of the public and of property within the district.\n(2) A person shall not carry out or permit to be carried out any blasting on a Saturday, Sunday or\npublic holiday except with the prior approval of the local government.\nPART 6—CESSATION OF OPERATIONS\n6.1 Notice of cessation of operations by licensee\n(1) A notice of cessation shall—\n(a) be made in writing;\n(b) state—\n(i) name of person or company for whom the application is being lodged;\n(ii) name of primary contact person for the company and in relation to the application;\n(iii) telephone, mobile phone and email contact details; and\n(iv) postal and street address;\n(c) be accompanied by—\n(i) by a copy of the current licence; and\n(ii) a current certificate of currency for public liability policy in accordance with clause 7.1;\n(d) advise if the cessation is to be—\n(i) temporary and the expected duration or circumstances for re-commencement; or\n(ii) permanent,\n(e) detail arrangements for meeting any ongoing liabilities or environmental obligations—\n(i) name of person or company to whom matters are to be referred;\n(ii) name of primary contact person for the company;\n(iii) telephone, mobile phone and email contact details; and\n(iv) postal and street address;\n(f) be lodged by the licensee as soon as cessation of operations has been determined by the\nlicensee and not more than 7 days after the operations have ceased in any event;\n(g) include a plan showing the contours of the excavation carried out to the date of that\napplication;\n(h) detail the works, excavation and rehabilitation stages reached and of any changes or\nproposed changes with respect to any of the things referred to in clauses 3.2(2)(b) and (c);\n(i) any other things referred to in clauses 3.2 and 4.2.\n(j) include any information that the local government may reasonably require; and\n(k) be signed by the licensee.\n\n4730 GOVERNMENT GAZETTE, WA 8 September 2017\n(2) Upon notice of cessation of operations, the local government shall—\n(a) acknowledge the notice of cessation of operations; and\n(b) confirm the acceptability or otherwise of the arrangements for the cessation of operations.\n6.2 Cessation of operations—permanent\n(1) Where a licensee has given written notice to the local government of the intention to permanently\ncease carrying on an extractive industry on the site to which the licence applies, the licence is deemed\nto have expired on the date such cessation is so notified.\n(2) The permanent cessation of the carrying on of an extractive industry on a site or the deemed\nexpiration or cancellation of a licence does not entitle the licensee to any refund of any licence fee.\n6.3 Cessation of operation—temporary\n(1) Where a licensee has given written notice of temporary cessation of operations, then on or before\nthe annual licence date each year, the licensee shall—\n(a) confirm to the local government the matters in subclauses 6.1(1)(d) and (e); and\n(b) provide a copy of the current public liability certificate required under clause 7.1.\n(2) For the duration of the cessation—\n(a) contributions or payments agreed under subclauses 4.3(q) or (r) are suspended until such\ntime as operations are resumed, but all other conditions and obligations remain in place; and\n(b) the annual licence fee under clause 7.3 is suspended.\n(3) The licence granted under clause 4.2 shall remain valid for the term of the licence and shall not be\nextended by the duration of cessation of operations.\n(4) The temporary cessation of the carrying on of an extractive industry on a site or the deemed\nexpiration or cancellation of a licence does not entitle the licensee to any refund of any licence fee.\n6.4 Works to be carried out on cessation of operations\nWhere the carrying on of an extractive industry on the site permanently ceases or on the expiration or\ncancellation of the licence applicable to the site, whichever first occurs, the licensee shall, as well as\ncomplying with the provisions of clause 6.1—\n(a) restore and reinstate the excavated site in accordance with the proposals approved by the\nlocal government or in such other manner as the local government may subsequently agree in\nwriting with the licensee;\n(b) ensure that any face permitted to remain upon the excavation site is left safe with all loose\nmaterials removed and where the excavation site is—\n(i) sand, the sides are sloped to a batter of not more than 1:3 (vertical : horizontal); and\n(ii) limestone or material other than sand, the sides are sloped to a batter which, in the\nopinion of the local government, would enable the site to be left in a stable condition;\n(c) ensure that the agreed floor level of the excavation is graded to an even surface or is\notherwise in accordance with the rehabilitation and decommissioning program approved by\nthe local government;\n(d) ensure that all stockpiles or dumps of stone, sand or other materials are left so that no\nportion of that material can escape onto land not owned or occupied by the licensee nor into\nany stream, watercourse or drain that is not wholly situated within the land owned or\noccupied by the licensee;\n(e) erect retaining walls where necessary to prevent subsidence of land in the vicinity of any\nexcavation;\n(f) remove from the site all buildings, plant and equipment erected, installed or used for or in\nrelation to the carrying on of an extractive industry on the site and fill all holes remaining\nafter such removal to the level of the surrounding ground and compact such filled holes\nsufficiently to prevent settling; and\n(g) break up, scarify, cover with topsoil and plant with grass, trees and shrubs all parts of the\nsite where buildings, plant and equipment were erected or installed and all areas which were\nused for stockpiling unless otherwise specified under this local law.\nPART 7—MISCELLANEOUS\n7.1 Public liability\n(1) A licensee shall have at all times a current public liability insurance policy naming the local\ngovernment and indemnifying the licensee and the local government for a sum of not less than\n$10,000,000 in respect of any one claim relating to any of the excavation operations.\n(2) The licensee shall provide to the local government a copy of the policy taken out under subclause\n(1), within 14 days after the issue of that policy and shall provide to the local government evidence of\nrenewal within 14 days of each renewal date.\n7.2 Mines Safety and Inspection Act 1994 and Environmental Protection Act 1986\n(1) In any case where the Mines Safety and Inspection Act 1994 or the Environmental Protection\nAct 1986 applies to any excavation carried on or proposed to be carried on at a site, the licensee in\nrespect of that site shall provide to the local government within 14 days full particulars of any\ninspection or report made under that Act or those Acts.\n(2) In this clause, the Mines Safety and Inspection Act 1994 and the Environmental Protection\nAct 1986 include all subsidiary legislation made under those Acts.\n\n8 September 2017 GOVERNMENT GAZETTE, WA 4731\n7.3 Annual licence fee\nOn or before 30 June in each year, a licensee must pay to the local government the set fee for the\nannual licence.\n7.4 Use of secured sum by the local government\n(1) If a licensee fails to pay any fees and charges or carry out or complete the restoration and\nreinstatement works required by the licence conditions either—\n(a) within the time specified in those conditions; or\n(b) where no such time has been specified, within 60 days of the completion of the excavation or\nportion of the excavation specified in the licence conditions, then; subject to the local\ngovernment giving the licensee 14 days’ notice of its intention to do so—\n(i) the local government may carry out or cause to be carried out the required work or so\nmuch of that work as remains undone; and\n(ii) the licensee shall pay to the local government on demand all costs incurred by the local\ngovernment or which the local government may be required to pay under this clause.\n(2) The local government may apply the proceeds of any bond, bank guarantee or other security\nprovided by the licensee under clause 3.7 towards its costs under this clause.\n(3) The liability of a licensee to pay the local government’s costs or any outstanding fees and charges\nunder this clause is not limited to the amount, if any, secured under clause 3.7.\n(4) For avoidance of doubt, the local government’s powers under this clause are in addition to its other\nenforcement powers under this local law.\nPART 8—NOTICES\n8.1 Notice to remedy non-compliance\nWhere anything is required to be done or not permitted to be done by this local law, an authorised\nperson may give the licensee a notice in writing requiring the licensee to comply with the\nrequirements of this local law.\n8.2 Notice requirements\nA notice given must—\n(a) be in writing;\n(b) specify the reason for giving the notice, the work or action that is required to be undertaken;\nand\n(c) the time within which the work or action is to be undertaken.\n8.3 Local government may undertake requirements of notice\nIf a person fails to comply with a notice referred to in clause 8.1, the local government may—\n(a) do the thing specified in the notice;\n(a) take whatever remedial action it considers appropriate and which would have been if the\nbreach or failure had not occurred; and\n(b) recover all costs from the licensee, as a debt.\n8.4 Offence to fail to comply with notice\nA person who fails to comply with a notice given under this local law commits an offence.\nPART 9—OBJECTIONS AND REVIEW\n9.1 Objection and review rights\nThe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Local Government (Functions\nand General) Regulations 1996 shall apply when the local government makes a decision as to whether\nit will—\n(a) grant a person a licence under this local law; or\n(b) renew, vary, or cancel a licence that a person has under this local law.\nPART 10—OFFENCES AND PENALTIES\n10.1 Offences\nA person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n10.2 General penalty\nA person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of the day during which the offence has continued.\n10.3 Modified penalties\n(1) An offence against a clause specified in the Schedule is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n\n4732 GOVERNMENT GAZETTE, WA 8 September 2017\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin the Schedule.\n10.4 Forms\nFor the purposes of this local law—\n(a) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Local Government (Functions and General) Regulations 1996; and\n(b) the form of the notice sent under section 9.20 of the Act withdrawing an infringement notice\nis that of Form 3 in Schedule 1 of the Local Government (Functions and General)\nRegulations 1996.\n————\nSCHEDULE—PRESCRIBED OFFENCES\n[clause.10.3]\nItem Clause Nature of offence\nModified\npenalty\n$\n1 2.1(a) Excavate without a licence 500\n2 2.1(b) Carry on an extractive industry not in accordance with conditions of\nlicence 500\n3 4.4(1) Failure to comply with notice regarding transport of materials. 500\n4 5.1(a) Failure to securely fence or keep gateways locked 500\n5 5.1(b) Failure to comply with boundary signage requirements 500\n6 5.1(c) Failure to provide adequate drainage 500\n7 5.1(d) Failure to restore and reinstate site in accordance with approved plan 500\n8 5.1(e) Failure to control dust, noise, vibration and other nuisances 500\n9 5.1(f) Failure to comply with conditions of licence 500\n10 5.2(a) Excavate within 500 metres of a residence without approval 500\n11 5.2(b) Excavate within 50 metres of a bore, watercourse, wetland swamp or\nother water reserve without approval 500\n12 5.2(c) Excavate within 50 metres of a thoroughfare without approval 500\n13 5.2(d) Excavate within 20 metres of the boundary of any land on which the\nexcavation is situated without approval 500\n14 5.2(e) Excavate within 20 metres of land affected by a registered grant of\neasement without approval 500\n15 5.2(f) Excavate within 2 metres of estimated maximum groundwater level\nwithout approval 500\n16 5.3(a) Removal of trees or shrubs within 40 metres of any boundary with a\nthoroughfare reserve without approval 500\n17 5.3(b) Store or permit to be stored explosives or explosive devices without\napproval 500\n18 5.3(c) Fill or excavate other than in accordance with the conditions of licence 500\n19 5.4(1)(a) Carry out or permit to be carried out blasting without approval 500\n20 5.4(1)(b) Carry out or permit to be carried out blasting outside the hours\napproval be the local authority 500\n21 5.4(1)(d) Failure to comply with conditions relating to blasting imposed by the\nlocal government 500\n22 5.4(2) Carry out or permit to be carried out blasting on a Saturday, Sunday\nor public holiday without approval 500\n23 6.1(1) Failure to provide notice of cessation of operations 500\n24 6.3(1) Failure to provide annual confirmation of details during period of\ntemporary cessation of operations 500\n25 6.4 Failure to undertake restoration and reinstatement as required on\ncessation of operations 500\n26 8.4 Failure to comply with requirements of notice 500\n27 10.1 Other offences not specified 500\n————\nDated: 24 August 2017.\nThe Common Seal of the Shire of Narrogin was affixed by authority of a resolution of Council in the\npresence of—\nL. N. BALLARD, President.\nA. J. COOK, Chief Executive Officer.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to be within its original scope. The Bush Fire Brigades law covers brigade establishment, organisation and membership as expected. The Extractive Industries law comprehensively regulates quarrying and excavation licensing, which is its stated purpose. While detailed, the provisions align with standard local government regulatory functions for fire management and land use control."},"complexity_factors":["Two distinct legislative schemes combined in one Gazette publication (Bush Fire Brigades and Extractive Industries), requiring careful parsing of which provisions apply to which activity","27 defined terms across both laws, including nested definitions (e.g., 'bush fire brigade' references the parent Act)","Extensive cross-referencing to external legislation: Bush Fires Act 1954, Local Government Act 1995, Mining Act 1978, Mines Safety and Inspection Act 1994, Environmental Protection Act 1986, and various regulations","Detailed procedural requirements for Extractive Industries licences including: advertising (3.1), multi-part applications (3.2), specific plan requirements with survey standards (3.3), works programs (3.4), rehabilitation programs (3.5), and security bonds (3.7)","Multiple conditional exemptions in the Extractive Industries law: small-scale operations exemption (3.2(4)), Crown land exclusion (1.3(c)), mining exclusion (1.3(b)), and landowner self-use exclusion (1.3(d))","Complex licensing lifecycle provisions: initial grant (4.2), renewal (4.5), variation (4.6), transfer (4.7), and cancellation (4.8), each with distinct procedural requirements","Nested decision-making structures requiring joint approvals (e.g., Captain/CBFCO + CEO/President for membership decisions in clause 4.2)","Detailed technical specifications for excavation boundaries (5.2) with six different distance requirements ranging from 2 metres to 500 metres","27 prescribed offences in the Schedule with modified penalties, creating a two-tier penalty structure (general penalties up to $5,000 plus daily rates, versus $500 on-the-spot fines)"],"plain_english_summary":"The Gazette publishes two Shire of Narrogin local laws. The Bush Fire Brigades Local Law 2017 formalises volunteer brigade structure, leadership, membership, training and Shire administration—affecting volunteer firefighters, the Council and residents relying on local fire protection. The Extractive Industries Local Law 2017 controls quarrying and excavation by requiring licences, environmental and safety safeguards, financial security and rehabilitation, with penalties for breaches—affecting operators, neighbours and the broader community."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The text expressly extends regulation to every excavation whether commenced before or after the law takes effect (cl.1.3(a)(ii)), thereby bringing pre-existing operations within the local licensing regime. It also delineates explicit exclusions: activities under the Mining Act 1978, extractive work on Crown land, and extraction by an owner or occupier solely for on-site use (cl.1.3(b)–(d))."},"complexity_factors":["Wide procedural checklist for applications including detailed plans, surveyor’s certificate, works program and rehabilitation program (clauses 3.2–3.6)","Mandatory public notification and local consultation steps with multiple timelines (clause 3.1; cl.4.1)","Extensive local government discretion to approve, refuse or impose conditions and to determine licence term (absolute discretion repeatedly stated, e.g. cl.3.2(1), cl.4.2)","Interlocking technical standards and cross-references to other legislation (Mines Safety and Inspection Act, Environmental Protection Act) and planning approvals (clauses 3.2(2)(g)(h), 7.2, 4.1(d))","Financial security and cost-allocation mechanisms: bonds/bank guarantees for restoration, fund handling, and liability to pay road upgrade/repair costs (clauses 3.7, 7.4, 4.4)","Multiple administrative tracks (issue, renewal, variation, transfer, temporary/permanent cessation) each with distinct documentary and timing requirements (clauses 4.5–4.7; Part 6)","Technical and operational constraints (contour and AHD survey requirements, excavation setbacks, blasting controls) raising compliance burden for licence-holders (clauses 3.3, 5.2, 5.4)","Enforcement architecture combining notices, cost-recovery, licence cancellation and both court and modified-penalty options (Parts 8–10 and Schedule)"],"plain_english_summary":"This local law creates a licensing regime for quarrying and excavation across the Shire of Narrogin. It requires a licence before removing or trucking stone, sand, gravel or similar material; sets out application, public-notice, technical-plan and public-liability insurance requirements; allows the local government to impose conditions, require bonds for site restoration and charge for road damage; and provides enforcement, fees and penalties. It applies to existing and future excavations but excludes operations under the Mining Act, Crown land and owner/occupier on-site use (cl.1.3)."}},"importantCases":[],"_links":{"self":"/api/acts/extractive-industries-local-law-2017","history":"/api/acts/extractive-industries-local-law-2017/history","analysis":"/api/acts/extractive-industries-local-law-2017/analysis","conflicts":"/api/acts/extractive-industries-local-law-2017/conflicts","importantCases":"/api/acts/extractive-industries-local-law-2017/important-cases","documents":"/api/acts/extractive-industries-local-law-2017/documents"}}