840GOVERNMENT GAZETTE, WA 24 January 2017

840 GOVERNMENT GAZETTE, WA 24 January 2017 Division 3—Hazardous Plants and Trees 3.11 Hazardous plants and trees (1) Where a plant or tree in a lot presents a hazard, or endangers or may endanger any person or thing on an adjoining lot, thoroughfare, public place or reserve, the local government or an Authorised Person may give a notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal with that plant or tree so as to remove the danger or hazard. (2) Where a plant or tree in a lot presents a serious and immediate danger to any person or thing in a thoroughfare, public place or reserve, the local government or an Authorised Person may take any remedial action it considers appropriate in order to make a plant or tree safe without having given the owner or occupier notice as required by Part 11 of this local law. (3) Any costs incurred by the local government for remedial action taken in terms of subclause (2) cannot be recovered by the local government. Division 4—Sand Drift 3.12 Abatement of Sand Drift An owner or occupier of land or premises, from which any sand is released or escapes or causes a nuisance, whether by means of wind, water or any other cause, commits an offence. 3.13 Management of Sand Drift (1) An owner or occupier who intends, for any purposes, to undertake any works or activities involving the clearing, excavation or filling of any land or premises, and having the potential to cause sand drift release from the land or premises, must when requested by the local government— (a) submit an application for approval of a Sand Management Plan, which must be lodged in a format approved by the local government; and (b) obtain written approval of the Sand Management Plan before the commencement of any such works or activities. (2) An Authorised Person may apply to the approval of a Sand Management Plan such conditions regarding the control of dust or sand on the premises as is deemed fit. (3) An owner or occupier who commences any works or activities which causes any sand to be released or escape from the land or lot or to create a nuisance, without obtaining written approval for a Sand Management Plan, when requested by an Authorised Person pursuant to subclause (1), commits an offence. (4) If an owner or occupier fails to comply with the Sand Management Plan approval or any associated approval conditions as issued pursuant to subclause (2) or when requested to cease an activity or works which generate sand escaping from the land or lot or which causes a nuisance— (b) where, as a result of that non-compliance, sand has been released from the site or causes a nuisance, the works or activity must promptly cease until the local government or an Authorised Person is satisfied that the non-compliance is rectified. 3.14 Issue of a Notice (1) An owner or occupier of a lot on which any sand or other material is deposited must not permit the release or escape of such sand, or other material from the land or lot, whether by means of wind, water or any other cause, so as to cause a nuisance to any adjacent lot, thoroughfare, public place or reserve. (2) Where the local government or an Authorised Person is of the opinion that, as a result of any activity occurring on, or likely to occur on a lot, sand, or other material may be released or escape, the local government or an Authorised Person may give a notice to the owner or occupier specifying that the activity may only occur subject to conditions specified in that notice. (3) Where the local government or an Authorised Person is of the opinion that as a result of wind, water or any other cause, sand, or other material may be released or escape from a lot or land, the local government or an Authorised Person may give a notice to the owner or occupier requiring that the sand, or other material be stabilised as specified in that notice. (4) Where sand, or other material has been released or escaped from a lot or causes a nuisance, the local government or an Authorised Person may give a notice to the owner or occupier of the lot requiring the owner or occupier to— (a) clean up and remove the sand or other material; (b) cease the activity causing the escape of sand; (c) submit a Sand Management Plan to the local government; or (d) repair or make good any damage resulting from that release or escape, within the time Division 5—Nuisances 3.15 Prevention of nuisances (1) A person must not— (a) engage in any undertaking or activity or conduct any business in such a manner as to cause or permit the emission of dust, fumes, light, liquid waste, odour or smoke; or