3566GOVERNMENT GAZETTE, WA 6 October 2020

3566 GOVERNMENT GAZETTE, WA 6 October 2020 or the content of brine tanks, fish products including fish carcasses (but excluding bait), shells and offal, whether solid or liquid, and regardless of whether or not it is dangerous, polluting or noxious in nature, onto a jetty or bridge or into the waters surrounding a jetty or bridge. 2.20 Liquor on jetties and bridges (1) A person shall not consume any liquor on a jetty or bridge. (2) A person shall not sell liquor on a jetty or bridge or from a vessel while moored to, or alongside a jetty or bridge. 2.21 Nuisance on jetties and bridges (a) without the written consent of the local government display any sign or advertisement or use any loud speaking device on a jetty or bridge; (b) tout while on, or within 200 metres of, a jetty or bridge; (c) dive from a jetty or bridge; or (d) interfere with any other person using a jetty or bridge. 2.22 Application for consent (1) Where a person is required to obtain the written consent of the local government under this Local Law, the person is to apply for that consent in the manner required by the local government. (2) The local government may, in accordance with sections 6.16 to 6.19 of the Act, determine and impose a fee for receipt of an application for consent made under clause 2.21(1). (3) If an application for consent is not made in the manner required by the local government or the fee, if any, which is charged to accompany that application is not paid, the local government may refuse to consider the application for consent. (4) The local government shall give its decision on an application for consent, in writing to the person who applied for that consent. PART 3—PENS AND PEN SYSTEMS 3.1 Licence requirement (1) No person shall, without first obtaining a licence from the local government, moor or anchor or cause any vessel to be moored or anchored, within a pen or pen system. (2) A person shall be permitted to live on board a vessel moored or anchored within a pen or pen system for no more than two consecutive days, providing that the occupation complies with the requirements of the relevant legislation. 3.2 Application for licence and application fee (1) Where a person is required to obtain a licence under this Part, that person is required to apply for the licence in the manner required by the local government. (2) The local government may, in accordance with sections 6.16 to 6.19 of the Act, determine and impose an application fee for a licence under clause 3.2(1). (a) The application for a licence must be made by the owner of the vessel; or (b) the owner’s agent who has the written authority to sign the application on behalf of the owner of the vessel. (3) The licence will be issued in the name of the owner of the vessel. (4) If an application for a licence is not made in the manner required by the local government or the fee, if any, which is charged to accompany that application is not paid, the local government may refuse to consider the application for a licence. 3.3 Multiple ownership of vessels Where ownership of vessels is shared between more than one person, the following will apply— (a) At the time of application, one designated pen holder will be nominated in writing. This Pen Holder will be responsible for— (i) All correspondence with the City of Albany, the City of Albany will not correspond with any other partners. (ii) Ensuring the vessel and its use is in compliance with the local law. (iii) Any local law infringements in relation to the use of this vessel or pen will be issued to, and the sole responsibility of this person. (iv) Payment of all fees and any penalty for non-payment. (v) Ensuring the vessels third party insurance coverage extends to use by any silent partners. (vi) Paying bond to the City and forwarding key to silent partners. (vii) Making application to the City for addition or removal of silent partners. (b) There can be up to 3 additional partners to whom the following conditions and responsibilities apply— (i) be required to sign and adhere with the local law while utilising the pen system.