2204GOVERNMENT GAZETTE, WA 16 March 2022

2204 GOVERNMENT GAZETTE, WA 16 March 2022 2.8 Transfer of an approval (1) An approval relates only to the premises specified in the approval, and only to the approved person specified in the approval, and is transferrable only in accordance with this clause 2.8. (2) An application for the transfer of an approval from the approved person to another person must be— (a) made in the form determined by the local government; (b) made by the proposed transferee; (c) made with the consent of the approved person; and (d) lodged with the local government together with the fee for the application for the transfer of an approval that is imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. (3) The local government is not to determine an application for the transfer of an approval until the proposed transferee has complied with subclause (2). (4) The local government may grant, or refuse to grant, an application for the transfer of an approval, and this approval will be subject to such conditions as the local government may impose under Regulation 9(3) of the Cat (Uniform Local Provisions) Regulations 2013. (5) Where the local government grants an application for the transfer of an approval— (a) it is to issue to the transferee an approval in the form determined by the CEO; and (b) on the date of approval, unless otherwise specified in the approval, the transferee becomes the approved person for the purposes of this local law. 2.9 Variation or cancellation of an approval (1) The local government may, at any time, vary the conditions of an approval by giving written notice to the permit holder and specifying the date on which the changes will become effective. (2) The local government may cancel an approval— (a) on the request of the approved person; (b) if the approved person breaches the Act, the Cat Regulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or this local law; or (c) if the approved person is not a fit and proper person to provide for the health and welfare of the cats. (3) If an approval is cancelled, the fee paid for the approval is not refundable for the term of the approval that has not yet expired. 2.10 Objection and review rights A decision of the local government made under clauses 2.7, 2.8 or 2.9 is a decision to which Division 1, Part 9 of the Local Government Act 1995 applies. PART 3—ENFORCEMENT 3.1 Infringement notices (1) An offence against clause 2.6(2) is a prescribed offence for the purposes of section 62(1) of the Act and the modified penalty for the offence is a fine of $200. (2) The form of an infringement notice is Form 6 in the Cat Regulations 2012, Schedule 1. (3) The form of withdrawal of the infringement notice is Form 7 in the Cat Regulations 2012, Schedule 1. Dated this 15th day of February 2022.