Bush Fire Brigades Amendment Local Law 2018
3168GOVERNMENT GAZETTE, WA 4 September 2018
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3168 GOVERNMENT GAZETTE, WA 4 September 2018 (c) provide the information required by the form; and (d) be forwarded to the local government together with any set fee. (3) An authorised person may require an applicant to provide additional information reasonably related to an application before determining an application for a licence. (4) An authorised person may require an applicant to give local public notice of the application for a licence. (5) An authorised person may refuse to consider an application for a licence which is not in accordance with subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied. 8.2 Decision on application for licence (1) An authorised person may— (a) approve an application for a licence unconditionally or subject to any conditions; or (b) refuse to approve an application for a licence. (2) If an authorised person approves an application for a licence, the licence is to be issued to the applicant in the form determined from time to time by the local government. (3) If an authorised person refuses to approve an application for a licence, written notice of that refusal is to be given to the applicant. (4) An authorised person may, at any time, amend a condition of approval and the amended condition takes effect when written notice of it is given to the licensee. 8.3 General restrictions on grant of licence (1) An authorised person must not grant a licence if there are reasonable grounds for believing that the provision of the activity to which the application relates would constitute an unacceptable risk to the safety of the public. (2) An authorised person must not grant a licence unless an authorised person is satisfied that— (a) the applicant is capable of carrying on the activity in accordance with this local law and the terms and conditions of the licence; (b) the public place at which the activity is to be provided is suitable for that purpose; (c) a licence or similar authority granted or issued to the applicant has not been cancelled in the period of 5 years before the application is made; and (d) the applicant is a fit and proper person to carry on the activity. 8.4 Examples of conditions (1) Examples of the conditions that an authorised person may impose on a licence under clause 8.2(1)(a) or 8.7(1)(a) are conditions relating to— (a) the payment of a set fee; (b) compliance with a standard or a policy adopted by the local government; (c) the duration and commencement of the licence; (d) the commencement of the licence being contingent on the happening of an event; (e) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (f) the approval of another application for a licence which may be required by the local government under any written law; (g) the area of the district to which the licence applies; (h) where a licence is issued for an activity which will or may cause damage to local government property, the payment of a deposit or bond against such damage; and (i) the obtaining of public risk insurance in an amount and on terms reasonably required by an authorised person. (2) Examples of the type and content of the conditions on which a licence to hire local government property may be issued include— (a) when set fees and charges are to be paid; (b) payment of a bond against possible damage or cleaning expenses or both; (c) restrictions on the erection of material or external decorations; (d) rules about the use of furniture, plant and effects; (e) limitations on the number of persons who may attend any function in or on local government property; (f) the duration of the hire; (g) the right of an authorised person to cancel a booking during the course of an annual or seasonal booking, if an authorised person sees fit; (h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first obtained for that purpose under the Liquor Control Act; (i) whether or not the hire is for the exclusive use of the local government property; (j) the obtaining of a policy of insurance in the names of both the local government and the hirer, indemnifying the local government in respect of any injury to any person or any damage to