2328GOVERNMENT GAZETTE, WA 2 May 2017

2328 GOVERNMENT GAZETTE, WA 2 May 2017 (3) In subclause (2), work includes the removal, alteration, repair, reinstatement or reconstruction of any part of a public place arising from or in connection with the setting up or conduct of a facility. 6.11 Removal of facility unlawfully conducted Where a facility is conducted without a permit, or in contravention of a condition of a permit, any tables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded in accordance with the Act. 6.12 Use of facility by public (1) A person shall not occupy a chair or otherwise use the equipment in a facility the subject of a permit unless the person uses them for the purpose of consuming food or drinks provided by the facility. (2) A person shall leave a facility when requested to do so by the permit holder. 6.13 Temporary removal of facility may be requested (1) The permit holder for a facility is to temporarily remove the facility when requested to do so on reasonable grounds by an authorised person or a member of the Police Service or an emergency service in the event of an emergency. (2) The permit holder may replace the facility removed under subclause (1) as soon as the person who directed her or him to remove it allows it to be replaced. PART 7—PERMITS Division 1—Applying for a permit 7.1 Application for permit (1) Where a person is required to obtain a permit under this local law, that person shall apply for the permit in accordance with subclause (2). (2) An application for a permit under this local law shall— (a) be in the form determined by the local government from time to time; (b) be signed by the applicant; (c) provide the information required by the form; (d) contain any other information required, for that particular type of permit, under this local law; and (e) be forwarded to the CEO together with any fee imposed and determined by the local (3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for a permit. (4) The local government may require an applicant to give local public notice of the application for a (5) The local government may refuse to consider an application for a permit which is not in accordance with subclause (2). 7.2 Decision on application for permit (1) The local government may— (a) approve an application for a permit unconditionally or subject to any conditions; or (b) refuse to approve an application for a permit. (2) If the local government approves an application for a permit, it is to issue to the applicant a permit in the form determined by the local government from time to time. (3) If the local government refuses to approve an application for a permit, it is to give written notice of that refusal to the applicant. (4) Where a clause of this local law refers to conditions which may be imposed on a permit or which are to be taken to be imposed on a permit, the clause does not limit the power of the local government to impose other conditions on the permit under subclause (1)(a). (5) Where a clause of this local law refers to the grounds on which an application for a permit may be or is to be refused, the clause does not limit the power of the local government to refuse the application for a permit on other grounds under subclause (1)(b). 7.3 Relevant considerations in determining application for permit (1) In determining an application for a permit, the local government is to have regard to— (a) any relevant policy of the local government; (b) the desirability of the proposed activity; (c) the location of the proposed activity; and (d) such other matters as the local government may consider to be relevant in the circumstances of the case. (2) The local government may refuse to approve an application for a permit on any 1 or more of the following grounds— (a) that the applicant has committed a breach of any provision of this local law or of any written law relevant to the activity in respect of which the permit is sought;

2 May 2017 GOVERNMENT GAZETTE, WA 2329 (b) that the applicant is not a desirable or suitable person to hold a permit; or (c) such other grounds as the local government may consider to be relevant in the circumstances of the case. Division 2—Conditions 7.4 Conditions which may be imposed on a permit The local government may approve an application for a permit subject to conditions relating to— (a) the payment of a fee; (b) the duration and commencement of the permit; (c) the commencement of the permit being contingent on the happening of an event; (d) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (e) the approval of another application for a permit which may be required by the local government under any written law; (f) the area of the district to which the permit applies; (g) where a permit is issued for an activity which will or may cause damage to a public place, the payment of a deposit or bond against such damage; (h) the obtaining of public risk insurance in an amount and on terms reasonably required by the local government; and (i) the provision of an indemnity from the permit holder indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the use of the public place by the permit holder. 7.5 Imposing conditions under a policy (1) In this clause, policy means a policy of the local government adopted by the Council containing conditions subject to which an application for a permit may be approved under clause 7.2(1)(a). (2) Under clause 7.2(1)(a) the local government may approve an application subject to conditions by reference to a policy. (3) The local government is to give a copy of the policy, or the part of the policy which is relevant to the application for a permit, with the form of permit referred to in clause 7.2(2). (4) An application for a permit is to be taken not to have been approved subject to the conditions contained in a policy until the local government gives the permit holder a copy of the policy or the part of the policy which is relevant to the application. (5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken to be information within section 5.94(u)(i) of the Act. 7.6 Compliance with and variation of conditions (1) Where an application for a permit has been approved subject to conditions, or where a permit is to be taken to be subject to conditions under this local law, the permit holder shall comply with each of those conditions. (2) The local government may vary the conditions of a permit by giving written notice to the permit holder, and the permit holder shall comply with those conditions as varied, effective from the date the written notice is given. Division 3—General 7.7 Duration of permit A permit is valid for 1 year from the date on which it is issued, unless it is— (a) otherwise stated in this local law or in the permit; or (b) cancelled under clause 7.11. 7.8 Renewal of permit (1) A permit holder may apply to the local government in writing prior to expiry of a permit for the renewal of the permit. (2) The provisions of— (a) this Part; and (b) any other provision of this local law relevant to the permit which is to be renewed, shall apply, with appropriate modifications, to an application for the renewal of a permit. 7.9 Transfer of permit (1) An application for the transfer of a valid permit is to— (a) be made in writing; (b) be signed by the permit holder and the proposed transferee of the permit; (c) provide such information as the local government may require to enable the application to be determined; and