Cemetery Local Law 2016
2330GOVERNMENT GAZETTE, WA 2 May 2017
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2330 GOVERNMENT GAZETTE, WA 2 May 2017 (2) The local government may approve an application for the transfer of a permit, refuse to approve it or approve it subject to any conditions. (3) Where the local government approves an application for the transfer of a permit, the transfer may be effected by— (a) an endorsement on the permit signed by the CEO; or (b) issuing to the transferee a permit in the form determined by the local government. (4) Where the local government approves an application for the transfer of a permit, it is not required to refund any part of any fee paid by the former permit holder. 7.10 Production of permit A permit holder is to produce to an authorised person her or his permit immediately upon being required to do so by that authorised person. 7.11 Cancellation of permit (1) Subject to clause 8.1, a permit may be cancelled by the local government on any 1 or more of the following grounds— (a) the permit holder has not complied with a— (i) condition of the permit; or (ii) provision of any written law which may relate to the activity regulated by the permit; or (b) if it is relevant to the activity regulated by the permit— (i) the permit holder has become bankrupt, or gone into liquidation; (ii) the permit holder has entered into any composition or arrangement with creditors; or (iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager is appointed in relation to any part of the permit holder’s undertakings or property. (2) On the cancellation of a permit the permit holder is to be taken to have forfeited any fees paid in respect of the permit. PART 8—OBJECTIONS AND REVIEW 8.1 Application of Part 9 Division 1 of Act Division 1 of Part 9 of the Act and regulation 33 of the Regulations applies when the local government makes a decision— (a) under clause 7.2(1); or (b) as to whether it will renew, vary, or cancel a permit that a person has under this local law. PART 9—MISCELLANEOUS NOTICES 9.1 Notice to redirect or repair sprinkler Where a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a manner which causes or may cause an inconvenience or obstruction to any person using a thoroughfare, the local government may give a notice to the owner or the occupier of the land abutting on the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of the sprinkler or other watering equipment. 9.2 Hazardous plants (1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the local government may give a notice to the owner or the occupier of the land abutting on the garden to remove, cut, move or otherwise deal with that plant so as to remove the hazard. (2) Subclause (1) does not apply where the plant was planted by the local government. 9.3 Notice to repair damage to thoroughfare Where any portion of a thoroughfare has been damaged, the local government may by notice to the person who caused the damage order the person to repair or replace that portion of the thoroughfare to the satisfaction of the local government. 9.4 Notice to remove thing unlawfully placed on thoroughfare Where any thing is placed on a thoroughfare in contravention of this local law, the local government may by notice in writing to the owner or the occupier of the property which abuts on that portion of the thoroughfare where the thing has been placed, or such other person who may be responsible for the thing being so placed, require the relevant person to remove the thing. PART 10—ENFORCEMENT 10.1 Offence to fail to comply with notice Whenever the local government gives a notice under this local law requiring a person to do any thing, if the person fails to comply with the notice, the person commits an offence.