3152GOVERNMENT GAZETTE, WA 4 September 2018

3152 GOVERNMENT GAZETTE, WA 4 September 2018 8.3 Local government may undertake requirements of notice (1) If a person fails to comply with a notice referred to in clause 8.1, the local government may— (a) do the thing specified in the notice; (b) take whatever remedial action it considers appropriate and which would have been if the breach or failure had not occurred; and (c) recover all costs from the licensee, as a debt. (2) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of the Local Government Act 1995 and any power of entry exercised by the local government under this local law is subject to Part 3, Division 3 of the Local Government Act 1995. 8.4 Offence to fail to comply with notice A person who fails to comply with a notice given under this local law commits an offence. PART 9—OBJECTIONS AND REVIEW 9.1 Objection and review rights The provisions of Division 1 of Part 9 of the Act and regulation 33 of the Local Government (Functions and General) Regulations 1996 shall apply when the local government makes a decision as to whether it will— (a) grant a person a licence under this local law; or (b) renew, vary, or cancel a licence that a person has under this local law. PART 10—OFFENCES AND PENALTIES 10.1 Offences A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. 10.2 General penalty A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of the day during which the offence has continued. 10.3 Modified penalties (1) An offence against a clause specified in the Schedule is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in the Schedule. 10.4 Forms (a) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (b) the form of the notice sent under section 9.20 of the Act withdrawing an infringement notice is that of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. ———— [clause 10.3] $ 1 2.1(a) Carry on an extractive industry without a valid and current 2 2.1(b) Carry on an extractive industry not in accordance with conditions of licence 3 4.5(1) Failure to comply with notice regarding transport of materials 500 4 5.1(a) Failure to securely fence or keep gateways locked 500 5 5.1(b) Failure to comply with boundary signage requirements 500 6 5.1(c) Failure to provide adequate drainage 500 7 5.1(d) Failure to restore and reinstate site in accordance with approved plan