2084

2084 GOVERNMENT GAZETTE, WA 12 April 2017 PART 3—DETERMINATION OF APPLICATION 3.1 Determination of Application (1) The local government may refuse to consider an application for a licence that does not comply with the requirements of clause 2.3, and in any event shall refuse an application for a licence where planning approval for an extractive industry use of the land has not first been obtained. (2) The local government may, in respect of an application for a licence— (b) approve the application— (i) over the whole or part of the land in respect of which the application is made; and (ii) on such terms and conditions, if any, as it sees fit. (3) Where the local government approves an application for a licence, it shall— (a) determine the licence period, not exceeding 5 years from the date of issue; and (b) approve the issue of a licence in the form determined by the local government from time to time. (4) Where the local government approves the issue of a licence, the CEO upon receipt by the local government of— (a) payment of the annual licence fee, or the relevant proportion of the annual licence fee to 30 June, determined by the local government under and in accordance with sections 6.16 to 6.19 of the Local Government Act 1995; (b) payment of the secured sum if any, imposed under clause 5.1; (c) the documents, if any, executed to the satisfaction of the CEO, under clause 5.1; and (d) a copy of the public liability insurance policy required under clause 7.1(1) shall issue the licence to the applicant. (5) Without limiting subclause (2), the local government may impose conditions in respect of the following matters— (a) the orientation of the excavation to reduce visibility from other land; (b) the appropriate siting of access thoroughfares, buildings and plant; (c) the stockpiling of material; (d) the hours during which any excavation work may be carried out; (e) the hours during which any processing plant associated with, or located on, the site may be operated; (f) requiring all crushing and treatment plant to be enclosed within suitable buildings to minimise the emission of noise, dust, vapour and general nuisance to the satisfaction of the local government; (g) the depths below which a person shall not excavate; (h) distances from adjoining land or thoroughfares within which a person must not excavate; (i) the safety of persons employed at or visiting the excavation site; (j) the control of dust and wind-blown material; (k) the planting, care and maintenance of trees, shrubs and other landscaping features during the time in which the extractive industry is carried out in order to effectively screen the area to be excavated and to provide for progressive rehabilitation; (l) the prevention of the spread of dieback or other disease; (m) the drainage of the excavation site and the disposal of water; (n) the restoration and reinstatement of the excavation site, the staging of such works, and the minimising of the destruction of vegetation; (o) the provision of retaining walls to prevent subsidence of any portion of the excavation or of land abutting the excavation; (p) requiring the licensee to furnish to the local government a surveyor’s certificate each year, prior to the renewal fee being payable, to certify the quantity of material extracted and that material has not been excavated below the final contour levels outlined within the approved excavation programme; (q) requiring the licensee to enter into an agreement with the local government by which it agrees to pay any extraordinary expenses incurred by the local government in repairing damage caused to thoroughfares in the district by heavy or extraordinary traffic conducted by or on behalf of the licensee under the licence; (r) requiring the licensee to enter into an agreement with the local government in respect of any condition or conditions imposed under this local law; and (s) any other matter for properly regulating the carrying on of an extractive industry. 3.2 Payment of Annual Licence Fee On or before 30 June in each year, a licensee shall pay to the local government the annual licence fee determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act.

12 April 2017 GOVERNMENT GAZETTE, WA 2085 PART 4—TRANSFER, CANCELLATION AND RENEWAL OF LICENCE 4.1 Transfer of Licence (1) An application for the transfer of a licence shall— (b) be signed by the licensee and the proposed transferee of the licence; (c) be accompanied by the current licence; (d) be accompanied by the consent in writing to the transfer from the owner of the excavation site; (e) include any information that the local government may reasonably require; and (f) be forwarded to the CEO together with the fee determined by the local government from time to time. (2) Upon receipt of any application for the transfer of a licence, the local government may— (b) approve the application on such terms and conditions, if any, as it sees fit. (3) Where the local government approves an application for the transfer of a licence, the local government shall transfer the licence by an endorsement on the licence in the form determined by the local government from time to time, signed by the CEO. (4) Where the local government approves the transfer of a licence it shall not be required to refund any part of the fees paid by the former licensee in respect of the transferred licence. 4.2 Cancellation Of Licence (1) The local government may cancel a licence where the licensee has— (a) been convicted of an offence against— (i) this local law; or (ii) any other law relating to carrying on an extractive industry; (b) transferred or assigned or attempted to transfer or assign the licence without the consent of the local government; (c) permitted another person to carry on an extractive industry otherwise than in accordance with the terms and conditions of the licence and of the provisions of this local law; (d) failed to pay the annual licence fee under clause 3.2; or (e) failed to have a current public liability insurance policy under clause 7.1(1) or failed to provide a copy of the policy or evidence of its renewal as the case may be, under clause 7.1(2). (2) Where the local government cancels a licence under this clause— (a) the local government shall advise the licensee in writing of the cancellation; (b) the cancellation takes effect on and from the day on which the licensee is served with the cancellation advice; and (c) the local government shall not be required to refund any part of the fees paid by the licensee in respect of the cancelled licence. 4.3 Renewal of Licence (1) A licensee who wishes to renew a licence must apply in writing to the local government at least 45 days before the date of expiry of the licence and shall submit with the application for renewal— (a) the fee determined by the local government from time to time; (b) a copy of the current licence; (c) a plan showing the contours of the excavation carried out to the date of that application; (d) details of the works, excavation and rehabilitation stages reached and of any changes or proposed changes with respect to any of the things referred to in clauses 2.3(1)(b) and (c); and (e) any other things referred to in clauses 2.3 and 3.1. (2) The local government may waive any of the requirements specified in clause 4.3 (1)(d) or (e). (3) If— (a) an application to renew a licence is in relation to land in respect of which the current licence was issued less than 12 months prior to the date from which the new licence if granted would apply; and (b) the methods to be employed in the proposed land excavation are identical to those being employed at the date of the application, then the applicant shall not be obliged, unless otherwise required by the local government to submit details of any of the things referred to in clauses 2.3 and 3.1. (4) Upon receipt of an application for the renewal of a licence, the local government may— (b) approve the application on such terms and conditions, if any, as it sees fit.