1718GOVERNMENT GAZETTE, WA 22 March 2017

1718 GOVERNMENT GAZETTE, WA 22 March 2017 (3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for approval. (4) The local government may refuse to consider an application for approval which is not in accordance with subclauses (2) and (3). 3.2 Decision on application for approval (1) The local government may— (a) approve an application for approval unconditionally or subject to any conditions; or (b) refuse to approve an application for approval. (2) If the local government approves an application for approval, it is to issue to the applicant an approval in the form determined by the local government. (3) If the local government refuses to approve an application for approval, it is to give written notice of that refusal to the applicant. (4) Where a clause of this local law refers to conditions, which may be imposed on an approval, or which are to be taken to be imposed on an approval, the clause does not limit the power of the local government to impose other conditions on the approval under subclause (1)(a). 3.3 Compliance with approval Where an application for approval has been approved, the applicant and the owner and occupier of the lot to which the approval relates, shall comply with the terms and any conditions of that approval. 3.4 Duration of approval Unless otherwise stated in the form of approval, an approval granted under this local law runs with the lot to which it relates and may be relied upon by any subsequent occupier or owner of the lot and may be enforced against them, by the local government. PART 4—MISCELLANEOUS 4.1 False or misleading statement A person shall not make a false or misleading statement in connection with any application, requirement or request under this local law. PART 5—NOTICES OF BREACH 5.1 Notices of breach (1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, the local government may give a notice of breach in writing to the owner of that lot. (2) A notice of breach shall— (a) specify the provision(s) of this local law which has been breached; (b) specify the particulars of the breach; and (c) state that the owner is required to remedy the breach within the time specified in the notice. (3) An owner given a notice of breach shall comply with the terms of the notice and remedy the breach within the time specified in the notice. (4) Should an owner fail to comply with a notice of breach, the local government may by its employees, agents or contractors enter upon the lot to which the notice relates and remedy the breach, and may recover the expenses of so doing from the owner or occupier of the lot, as the case may be, in a court of competent jurisdiction. (5) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of the Act and any entry on to land will be in accordance with Part 3, Division 3 of the Act. PART 6—OFFENCES 6.1 Offences and penalties (1) A person who fails to comply with a notice of breach commits an offence and is liable upon conviction to a penalty of not less than $250 and not exceeding $5,000 and, if the offence is a continuing offence, to a maximum daily penalty of $500. (2) A person who fails to comply with or who contravenes any provision of this local law commits an offence and is liable on conviction to a penalty of not less than $250 and not exceeding $5,000 and, if the offence is a continuing offence, to a maximum daily penalty of $500. 6.2 Modified penalties (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount appearing in the final column of Schedule 1 directly opposite a prescribed offence in that Schedule is the modified penalty for that prescribed offence. (3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the commission of a prescribed offence, an authorised person should be satisfied that— (a) commission of the prescribed offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable.