3146GOVERNMENT GAZETTE, WA 4 September 2018

3146 GOVERNMENT GAZETTE, WA 4 September 2018 (n) the restoration and reinstatement of the excavation site, the staging of such works, and the minimising of the destruction of vegetation; (o) the provision of retaining walls to prevent subsidence of any portion of the excavation or of land abutting the excavation; (p) requiring the licensee to furnish to the local government a surveyor’s certificate each year, prior to the renewal fee being payable, to certify the quantity of material extracted and that material has not been excavated below the final contour levels outlined within the approved excavation program; (q) requiring the licensee to enter into an agreement with the local government to pay a contribution in respect of thoroughfares in the district used by heavy or extraordinary traffic conducted by or on behalf of the licensee under the licence, in accordance with subclauses 4.5(2) and (3)— (i) any extraordinary expenses incurred by the local government; (ii) requirement for increased maintenance; and (iii) repair of damage caused; (r) requiring the licensee to enter into an agreement with the local government in respect of any condition or conditions imposed under this local law; and (s) any other matter for properly regulating the carrying on of an extractive industry. 4.4 Variation of conditions (1) Within 30 days of the date of the annual licence fee becoming due and payable (under clause 7.3), the local government may, in respect of the licence— (a) vary or delete a condition; and (b) may 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 such longer period as is specified by the local government) after written notice of the condition is given by the local government to the licensee. 4.5 Transport of materials (1) The local government may, from time to time, prescribe by giving written notice to the licensee— (a) determine routes to be taken by the licensee for the transport of materials from the site through the roads within the district, if the proposed routes are not suitable for the proposed haulage; (b) the tonnage limits to be transported along a particular route; and (c) the times during which materials from the site may be transported through the roads within the district. (2) If a road on a route prescribed under subclause (1) is inadequate for the transport of materials from the site, the local government may require the licensee to pay all or part of the costs or estimated costs, as determined by the local government, of upgrading the road to the standard required by the local government for these purposes. (3) The licensee must pay to the local government, as and when required by the local government, the costs or estimated costs, as determined by the local government, of repairs and maintenance to any road that are required as a result of the transport of materials from the site. (4) Each licence is to be taken to be subject to a condition requiring the licensee to comply with this clause. 4.6 Renewal of licence (1) An application to renew a licence is not to be determined by the local government until the applicant has complied with subclause (2). (2) An application to renew a licence shall— (ii) by a copy of the current licence; and (iii) a current certificate of currency for public liability policy in accordance with clause 7.1; (d) be lodged by the licensee at least 90 days before the date of expiry of the licence; (e) include a plan showing the contours of the excavation carried out to the date of that (f) detail the works, excavation and rehabilitation stages reached and of any changes or proposed changes with respect to any of the things referred to in subclauses 3.2(2)(b) and (c); and (g) submit any other things referred to in clauses 3.2 and 4.2.