394GOVERNMENT GAZETTE, WA 16 February 2022

394 GOVERNMENT GAZETTE, WA 16 February 2022 (3) If an authorised person approves an application for a licence, the licence is to be issued to the applicant in the form determined by the local government. (4) If an authorised person refuses to approve an application for a licence, written advice of that refusal is to be given to the applicant. (5) An authorised person may, at any time, amend a condition of approval and the amended condition takes effect when written advice of it is given to the licensee. 12.3 General restrictions on grant of licence (1) An authorised person shall not grant a licence if there are reasonable grounds for believing that the provision of the activity to which the application relates would constitute a nuisance or unacceptable risk to the health or safety of the public. (2) An authorised person shall 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the terms and conditions of the licence; (b) a licence or similar authority granted or issued to the applicant has not been revoked in the period of 5 years before the application is made; and (c) the applicant is a fit and proper person to carry on the activity. 12.4 Examples of conditions Examples of conditions that an authorised person may impose on a licence under clause 12.2(2)(a) or 13.7(1)(a) include but are not limited to— (a) the payment of a set fee; (b) compliance with a standard or a policy adopted by the local government; (c) restrictions on the erection or use of materials, external signs or decorations; (d) the duration and commencement of the licence; (e) the commencement of the licence being contingent on the occurrence of an event; (f) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (g) the approval of another application for a licence which may be required by the local government (h) the area of the district to which the licence applies; and (i) the obtaining of public risk insurance in an amount and on terms reasonably required by an authorised person. 12.5 Imposing conditions under a policy policy means a policy made under section 2.7(2)(b) of the Local Government Act 1995 containing conditions subject to which an application for a licence may be approved or varied under clauses 12.2(2)(a) or 12.7(1)(a). (2) Under clauses 12.2(2)(a) or 12.7(1)(a) an authorised person may approve an application subject to conditions by reference to a policy. (3) An authorised person is to give to the licensee a copy of the policy or the part of the policy which is relevant to the application for a licence, with the form of licence referred to in clauses 12.2(3) or 12.7(2). (4) An application for a licence is not to be taken to have been approved subject to the conditions contained in a policy until an authorised person gives the licensee 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 apply to a policy and, for that purpose, a policy is deemed to be information within section 5.94(u)(i) of the Act. 12.6 Compliance with conditions Where an application for a licence has been approved or varied subject to conditions, the licensee shall comply with each of those conditions, as amended. 12.7 Variation of licence (1) An authorised person may, by written advice given to the licensee, vary a licence by— (a) imposing a new condition; or (b) changing or removing any existing condition. (2) An amendment may be made on application made by the licensee or at the initiative of an authorised (3) An amendment will come into effect on the day that written advice is given to the licensee, or other date as specified in the notice. Division 2—Duration of licences 12.8 Duration of licence (1) A licence is valid for one year from the date on which it is issued, unless it is— (a) otherwise stated in this local law or in the licence; or (b) suspended or revoked under this Division.