3142GOVERNMENT GAZETTE, WA 4 September 2018

3142 GOVERNMENT GAZETTE, WA 4 September 2018 cessation of operations means termination of activities associated with the extraction and transport of the materials, whether permanent or temporary, but does not include activities under clause 6.3 for the care and maintenance of the site, or clause 6.4; district means the district of the Shire of Victoria Plains; excavation includes quarry; infringement notice means the notice referred to in clause 10.4(a); land unless the context requires otherwise, means the land on which the applicant proposes carrying on the extractive industry to which the licence application relates, and includes adjoining lots or locations in the same occupation or ownership; licence means a licence issued under this local law and a previous licence; licensee means the person named in the licence as the licensee; local planning scheme means a planning scheme of the local government made under the Planning and Development Act 2005; owner has the meaning given to it in section 1.4 of the Act; occupier has the meaning given to it in section 1.4 of the Act; person does not include the local government; planning approval means an approval for a development or a land use that is issued under a local planning scheme administered by the local government; previous licence means a licence that is in force at the date of commencement of this local law; Schedule means a Schedule to this local law; secured sum means the sum required to be paid or the amount of a bond, bank guarantee or other security under clause 3.7; set fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of the Act; site means the land specified by the local government in a licence; thoroughfare has the meaning given to it in section 1.4 of the Act; and transferee means a person who applies for the transfer of a licence to her or him under clause 4.8. PART 2—REQUIREMENT FOR LICENCE 2.1 Extractive industries prohibited without licence A person must not carry on an extractive industry— (a) unless the person is the holder of a valid and current licence; and (b) otherwise than in accordance with any terms and conditions set out in, or applying in respect of, the licence. PART 3—APPLICATION REQUIREMENTS 3.1 Applicant to advertise proposal (1) Unless the local government first approves otherwise, a person seeking the issue of a licence shall, before making an application for a licence— (a) forward a notice to— (i) the owners and occupiers of all land adjoining the land upon which it is proposed to excavate, or within an area determined by the local government as likely to be affected by the granting of a licence; and (ii) every authority or person having control or jurisdiction over any of the things referred to in clause 3.3(1)(g) and (h) within 500 metres from the boundaries of the land, or within an area determined by the local government as likely to be affected by the granting of a licence; and (b) as soon as practicable after complying with the requirements of paragraph (a)— (i) forward a copy of the notice to the CEO; and (ii) publish the notice in a newspaper circulating in the area in which the proposed excavation is located. (2) The information contained in the notice referred to in subclause (1) shall include but is not limited to— (a) particulars of the proposed excavation; and (b) inviting objections or comments to be made to the CEO within 21 days of date of receipt of the notice. (3) The local government may undertake a public consultation process including but not limited to— (a) provision of information by mail or similar; (b) electronically through a website or similar; and (c) public meetings.