Div 3Duration of permits

Division 3—Duration of permits 10.8 Duration of permit A permit is valid for one year from the date on which it is issued, unless it is— (a) otherwise stated in this local law or in the permit; or (b) suspended or cancelled under this Division. 10.9 Renewal of permit (1) A permit holder may apply to the CEO for the renewal of a permit. (2) An application for renewal must— (a) be in the form determined by the CEO; (b) be signed by the permit holder; (c) provide the information required by the form;

5 January 2021 GOVERNMENT GAZETTE, WA 43 (d) be forwarded to the CEO no later than 28 days before the expiry of the permit, or within a shorter period that the CEO in a particular case permits; and (e) be accompanied by any fee imposed by the Council under section 6.16 to 6.19 of the Act. (3) The provisions of this Part that apply to an application for a permit also apply to an application for the renewal of a permit as though it were an application for a permit. 10.10 Transfer of permit (1) An application for the transfer of a valid permit is— (a) to be made in writing; (b) to be signed by the permit holder and the proposed transferee of the permit; (c) to include such information as the CEO or an authorised person may require to enable the application to be determined; and (d) to be forwarded to the CEO together with any fee imposed by the Council under sections 6.16 to 6.19 of the Act. (2) The CEO or an authorised person may approve an application for the transfer of a permit, refuse to approve it or approve it subject to any conditions. (3) Where the CEO or an authorised person approves an application for the transfer of a permit, the transfer may be effected by an endorsement on the permit signed by the CEO or the authorised person. (4) Where the CEO or an authorised person approves the transfer of a permit, the local government is not required to refund any part of any fee paid by the former permit holder. 10.11 Suspension of permit (1) The CEO may, subject to clause 10.12, by written notice given to the permit holder, suspend a permit if there are reasonable grounds for believing that— (a) the permit holder has contravened a term or condition of a permit; (b) the permit holder has contravened a provision of this local law; or (c) the continued carrying on of the activity authorised by the permit constitutes or will constitute an unacceptable risk to the safety of the public. (2) The suspension notice must— (a) state the day, or the day and time, on or at which the suspension takes effect; (b) state the reasons for the CEO’s decision to suspend the permit; and (c) where appropriate, indicate what steps need to be taken to ensure that there is compliance with the relevant provision, term or condition or that there is no longer a risk as described in subclause (1)(c); and (d) inform the permit holder that he/she has a right to apply under the Act for a review of the CEO’s decision to suspend the permit. 10.12 Proposed suspension (1) If the CEO proposes to suspend a permit for the reason mentioned in clause 10.11(1)(a), the CEO must give written notice to the permit holder of the proposed suspension. (2) The notice must— (a) state that the CEO proposes to suspend the permit; (b) state the reasons for the proposed suspension; and (c) inform the permit holder that the permit holder is entitled to make representations to the CEO in respect of the proposed suspension within 7 days after the day on which the permit holder is given the notice. (3) In considering whether to suspend the permit, the CEO must have regard to any representations made by the permit holder within the period referred to in subclause (2)(c). 10.13 Revocation of suspension (1) The CEO must, by written notice given to the permit holder, revoke the suspension of a permit if the CEO is satisfied that the steps specified in the suspension notice have been taken. (2) The CEO may, by written notice given to the permit holder, revoke the suspension of the permit if the CEO considers that it is appropriate to do so in the circumstances of a particular case. 10.14 Period of suspension The suspension of a permit has effect on the day, or the day and time, specified in the suspension notice until one of the following happens— (a) the suspension is revoked under clause 10.13; (b) the permit is cancelled under clause 10.15 or expires; or (c) the permit is surrendered in accordance with the provisions of this local law. 10.15 Cancellation of permit A permit may be cancelled by the CEO if— (a) the permit was obtained improperly by including false or misleading information;