Bush Fire Brigades Amendment Local Law
352GOVERNMENT GAZETTE, WA 16 February 2022
Start here
Get a plain-English read of 352
Turn the raw legal text into a practical explanation grounded in Bush Fire Brigades Amendment Local Law.
352 GOVERNMENT GAZETTE, WA 16 February 2022 LICENCES 10.1 Application for licence (1) Where a person is required to obtain a licence under this local law, that person shall apply for the licence in accordance with subclause (2). (2) An application for a licence under this local law shall— (a) be in the form determined by the CEO or an authorised person; (b) be signed by the applicant; (c) provide the information required by the form; and (d) be forwarded to the local government together with any set fee. (3) The CEO or an authorised person may require an applicant to provide additional information reasonably related to an application before determining an application for a licence. (4) The CEO or an authorised person may require an applicant to give local public notice of the application for a licence. (5) The CEO or 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. 10.2 Decision on application for licence (1) The CEO or 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 the CEO or an authorised person approves an application for a licence, written notice of approval is to be issued to the applicant. (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) The CEO or 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 licence holder. 10.3 General restrictions on grant of licence (1) The CEO or an authorised person shall not grant a licence if there are reasonable grounds for believing that the carrying on of the activity to which the application relates would constitute an unacceptable risk to the safety of the public. (2) The CEO or an authorised person shall not grant a licence unless 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. 10.4 Amendment of licence (1) The CEO or an authorised person may, by written notice given to the licence holder, amend a licence— (a) imposing any new condition; or (b) changing or removing any existing condition. (2) An amendment may be made on application made by the licence holder or on the initiative of the CEO or an authorised person. (3) An amendment will come into effect on the day that written notice is given to the licence holder, or some other date as specified in the notice. 10.5 False or misleading statement A person shall not make a false or misleading statement in connection with an application in respect of a licence under this local law. Division 2—Conditions of licences 10.6 Examples of conditions (1) Examples of the conditions that an authorised person may impose on a licence under clause 10.2(1)(a) or 10.4(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;