3140GOVERNMENT GAZETTE, WA 4 September 2018

3140 GOVERNMENT GAZETTE, WA 4 September 2018 PART 8—NOTICES 8.1 Notice to remedy non-compliance 8.2 Notice requirements 8.3 Local government may undertake requirements of notice 8.4 Offence to fail to comply with notice PART 9—OBJECTIONS AND REVIEW 9.1 Objection and review rights PART 10—OFFENCES AND PENALTIES 10.1 Offences 10.2 General penalty 10.3 Modified penalties 10.4 Forms

4 September 2018 GOVERNMENT GAZETTE, WA 3141 EXTRACTIVE INDUSTRIES LOCAL LAW 2018 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Victoria Plains resolved on 21 June 2018 to make the following local law. This local law may be cited as the Shire of Victoria Plains Extractive Industries Local Law 2018. The provisions of this local law— (a) subject to paragraphs (b), (c) and (d)— (i) apply and have force and effect throughout the whole of the district; (ii) apply to every excavation whether commenced prior to or following the coming into operation of this local law; and (iii) apply to a previous licence as if it was issued under this local law; (b) do not apply to the extraction of minerals under the Mining Act 1978; (c) do not apply to the carrying on of an extractive industry on Crown land; and (d) do not apply to the carrying on of an extractive industry on land by the owner or occupier of that land for use on that land. The Municipality of the Shire of Victoria Plains By-laws Relating to Extractive Industries as published in the Government Gazette on 25 November 1988, are repealed. (1) Within 90 days of commencement of this local law or within 90 days of the date of the annual licence fee of a previous licence becoming due and payable (under clause 7.3), the local government may in respect of the licence— (a) vary or delete a condition; or (b) impose one or more other conditions, as specified in clause 4.3(2). (2) A condition that is varied, deleted or imposed under subclause (1) does not become effective until 90 days (or longer period that is specified by the local government) after written notice of the condition is given by the local government to the licensee. In this local law unless the context otherwise requires— Act means the Local Government Act 1995; application for licence includes application to renew, transfer, vary or cancel a licence as the context requires; authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under this local law; carry on an extractive industry means quarrying and excavating for stone, gravel, sand and other material, and the transporting of the material off the site, but excludes extractive activities undertaken by statutory authorities; CEO means the Chief Executive Officer of the local government;