3568GOVERNMENT GAZETTE, WA 6 October 2020

3568 GOVERNMENT GAZETTE, WA 6 October 2020 (n) provide a copy of the third party insurance policy upon request; and (o) comply with all conditions attaching to the licence. (2) During the term of the licence, the licensee shall not— (a) permit any vessel other than the one described in the licence to use or to occupy the pen without the prior written, consent of the local government; (b) bring, deposit or release or permit to be bought, deposited or released any black water, raw sewerage, oil or fuel, fish products including fish carcases (but excluding bait), shells and offal, whether solid or liquid, and regardless of whether or not it is dangerous, polluting or noxious in nature, into or within the pen or the waters surrounding the pen. This does not prohibit a person from— (i) washing down their vessel, the pen, or the adjacent jetty or walkway, provided no non- biodegradable chemicals or cleaning agents are used; and (ii) cleaning fish on board their vessel or at any designated area for cleaning fish within the pen system; (iii) bringing fuel in approved containers onto or within the pen system for the purposes of refuelling. (c) store or keep, or permit to be stored or kept, on or in any vessel in the pen, or the pen system, any inflammable substance except that which is contained in tanks or lines which either form a permanent part of a vessel or which comply with the Uniform Shipping Laws Code 1981 (Cth) and the relevant regulations created under the Western Australian Marine Act 1982 (WA); (d) do or leave undone, or cause or permit to be done or left undone, in or upon the pen any act or thing which may— (i) cause damage; or (ii) become a nuisance, annoyance or inconvenience, to other users of the pen-system; (e) cause the entrance gate to the pen system to be held open by any manner whatsoever; (f) permit any animals to stray in or on any part of the pen system; (g) without the prior written consent of the local government, make any alteration or addition to the pen or any part thereof; (h) without the prior written consent of the local government, affix or exhibit, or cause or permit to be affixed or exhibited, on any part of the pen or vessel any poster, sign or advertisement other than a vessel’s registration numbers and name; (i) without the prior written consent of the local government, carry out or permit to be carried out any major structural work to the vessel in the pen or pen system; (j) operate or permit to be operated any noisy, noxious or objectionable engines, radios or other apparatus or machinery within the pen, so as to cause any nuisance or annoyance to another user of the pen system; (k) provide any person with the key (or any copy, duplicate or replica of the key) giving access to the pen system; (l) leave the vessel unattended in such a manner as to prevent the movement of another vessel in or out of its pen, or obstruct the movement of vessels in the pen system; (m) engage a vessel’s propulsion system while secured to a pen or pen system except when alighting (leaving/arriving) from the pen or carrying out mechanical repairs or testing; or (n) without the prior written consent of the local government, sub-lease the pen to a third party (this does not include names that appear as silent partners). 3.6 General prohibitions (1) A person shall not swim in the pen system without having first obtained written consent from the (2) A person shall not perform underwater repairs or hull cleaning in the pen system; (3) A person shall use power points and water taps provided within the pen system only with the appropriate connections and for the purpose of minor maintenance, and ensure all power cords are tagged and tested and in good order and repair, and not placed in the water. (4) A person shall not without obtaining the prior written consent of the local government, use a— (a) power point for longer than 3 hours; or (b) water tap for longer than 30 minutes, in a 24 hour period commencing at midnight. (3) A person shall not use a gidgee or spear gun in a pen system. 3.7 Right of entry and execution of repairs (a) An authorised person may, at any reasonable time during the term of the licence, enter upon and view the condition of the pen, the vessel and any mooring dolphins, buoys and lines or any part thereof. (b) An authorised person may give to the licensee a notice in writing requiring the licensee to execute any repairs and works within a stipulated time period that, in the reasonable opinion of the authorised person, are necessary to any of the things referred to in clause 3.7(a).