924GOVERNMENT GAZETTE, WA 5 March 2021

924 GOVERNMENT GAZETTE, WA 5 March 2021 PART 2—LICENSING REQUIREMENTS FOR AN EXTRACTIVE INDUSTRY 2.1. Extractive Industries Prohibited Without Licence A person must not carry on an extractive industry— (a) unless the person is the holder of a valid and current licence; and (b) otherwise than in accordance with any terms and conditions set out in, or applying in respect of, the licence. Penalty: $5000 and a daily penalty not exceeding a fine of $500 in respect of each day or part of a day during which an offence has continued. 2.2. Applicant To Advertise Proposal (1) Unless the local government first approves otherwise, a person seeking the issue of a licence shall, before applying to the local government for a licence— (a) forward by registered mail a notice in the form determined by the local government from time to time to— (i) the owners and occupiers of all land adjoining the land upon which it is proposed to excavate, or within an area determined by the local government as likely to be affected by the granting of a licence, advising of the application and specifying that they may, within twenty-one days from the date of service of the letter, object to or make representations in writing in respect of the issue of a licence by the local government; (ii) every authority or person having control or jurisdiction over any of the things referred to in clause 2.3(1)(a)(vii) and (viii) within 500 metres from the boundaries of the land, or within an area determined by the local government as likely to be affected by the granting of a licence; and (b) as soon as practicable after complying with the requirements of paragraph (a)— (i) forward a copy of the notice to the CEO; and (ii) publish the notice in a newspaper circulating in the area in which the proposed excavation is located. (2) The local government may, within 14 days after receiving a copy of a notice referred to in sub clause (1), cause to be displayed, or require the proposed applicant to display, in a prominent position on the land one or more notices— (a) in the form determined by the local government from time to time; (b) the content, size and construction of which have been approved by the CEO; (c) specifying particulars of the proposed excavation; and (d) inviting objections or comments within 21 days from the placement of the notice. 2.3. Application For Licence (1) Subject to sub clause (3), a person seeking the issue of a licence in respect of any land shall apply in the form determined by the local government from time to time and must forward the application duly completed and signed by each of the applicant, the owner of the land and any occupier of the land to the CEO together with— (a) 3 copies of a plan of the excavation site to a scale of between 1:500 and 1:2000 showing— (i) the existing and proposed land contours based on the Australian Height Datum and plotted at 1 metre contour intervals; (ii) the land on which the excavation site is to be located; (iii) the external surface dimensions of the land; (iv) the location and depth of the existing and proposed excavation of the land; (v) the location of existing and proposed thoroughfares or other means of vehicle access to and egress from the land and to public thoroughfares in the vicinity of the land; (vi) the location of buildings, treatment plant, tanks and other improvements and developments existing on, approved for or proposed in respect of the land; (vii) the location of existing power lines, telephone cables and any associated poles or pylons, sewers, pipelines, reserves, bridges, railway lines and registered grants of easement or other encumbrances over, on, under or adjacent to or in the vicinity of the land; (viii) the location of all existing dams, watercourses, drains or sumps on or adjacent to the land; (ix) the location and description of existing and proposed fences, gates and warning signs around the land; and (x) the location of the areas proposed to be used for stockpiling excavated material, treated material, overburden and soil storage on the land and elsewhere; (b) 3 copies of a works and excavation programme containing— (i) the nature and estimated duration of the proposed excavation for which the licence is applied; (ii) the stages and the timing of the stages in which it is proposed to carry out the excavation;