3364GOVERNMENT GAZETTE, WA 8 August 2016

3364 GOVERNMENT GAZETTE, WA 8 August 2016 9.8 Signs and directions of the Board (1) The Board may display, mark, place or erect a sign within the cemetery specifying conditions relating to the use of the cemetery. (2) A person shall obey all signs displayed, marked, placed or erected by the Board within the cemetery and any other lawful direction by the Board. 9.9 Removal from the cemetery (1) Any person failing to comply with any provisions of this local law or behaving in a manner that in the opinion of the Board is inappropriate in the cemetery may in addition to any penalty provided by this local law be ordered to leave the cemetery. (2) A person to whom an order under subclause (1) is given must comply with that order. 9.10 Board may close cemetery The Board may— (a) temporarily close the cemetery or any part of it; (b) exclude from the cemetery the public and all persons or so many of the public or so many persons as the Board consider to be necessary; (c) regulate, prohibit or restrict access to the cemetery or any part of it; or (d) direct persons to leave the cemetery or any part of it, for purposes of— (i) a funeral or public convenience; (ii) maintenance, redevelopment or extension of the cemetery; (iii) public safety; or (iv) other operational reasons. 9.11 Fireworks or firearms Upon application, and subject to the approval of the Commissioner of Police, the CEO may permit an honour guard and discharge of firearms in a volley salute for a deceased military or police officer. 9.12 Liability for damage or works required to comply (1) Where a person— (a) causes damage to any grave, memorial, structure, building, furniture, plant or any other item or thing in the cemetery; (b) does a thing not authorised by this local law; or (c) does not do a thing required by this local law; the Board may by notice in writing to that person require that person within the time required in the notice to, at the option of the Board— (d) pay the costs of reinstating the property to the state it was in prior to the occurrence of the damage; (e) pay the costs of replacing that property; (f) pay the costs of works required to comply with this local law; or (g) carry out works required to comply with this local law. (2) On a failure to comply with a notice issued under subclause (1), the Board may recover the costs referred to in the notice as a debt due to it. 9.13 Offence to fail to comply with notice Whenever the Board gives a notice under this local law requiring a person to do any thing, if a person fails to comply with the notice, that person commits an offence. 9.14 Board may undertake requirements of notice Where a person fails to comply with a notice referred to in clause 9.13, the Board may do the thing specified in the notice and recover from the person to whom the notice was given, as a debt, the costs incurred in so doing. PART 10—OFFENCES AND MODIFIED PENALTIES 10.1 General penalties A person who commits a breach of any provisions of this local law commits an offence and shall on conviction be liable to a penalty not exceeding $500, and if the offence is a continuing one to a further penalty not exceeding $20 for every day or part of a day during which the offence has continued. 10.2 Modified penalties (1) The offences specified in Schedule 1 are offences which may be dealt with under section 63 of the Act. (2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the fourth column of Schedule 1. (3) The infringement notice referred to in section 63(1) of the Act shall be in the form set out in the Schedule 2. (4) The notice withdrawing an infringement notice referred to in section 63(3) of the Act shall be in the form set out in Schedule 3.