2086GOVERNMENT GAZETTE, WA 12 April 2017

2086 GOVERNMENT GAZETTE, WA 12 April 2017 PART 5—SECURED SUM AND APPLICATION THEREOF 5.1 Security for Restoration and Reinstatement (1) For the purpose of ensuring that an excavation site is properly restored or reinstated, the local government may require that— (a) as a condition of a licence; or (b) before the issue of a licence, the licensee shall give to the local government a bond, bank guarantee or other security, of a kind and in a form acceptable to the local government, in or for a sum determined by the local government from time to time. (2) A bond required under subclause (1) is to be paid into a fund established by the local government for the purposes of this clause. (3) Subject to clause 5.2, any interest accrued in respect of the bond paid into the fund under subclause (2) is to be returned to the licensee at the completion of the restoration and reinstatement works required by the licence conditions or otherwise under this local law. 5.2 Use By The Local Government Of Secured Sum (1) If a licensee fails to carry out or complete the restoration and reinstatement works required by the licence conditions either— (a) within the time specified in those conditions; or (b) where no such time has been specified, within 60 days of the completion of the excavation or portion of the excavation specified in the licence conditions, then, subject to the local government giving the licensee 14 days notice of its intention to do so— (c) the local government may carry out or cause to be carried out the required restoration and reinstatement work or so much of that work as remains undone; and (d) the licensee shall pay to the local government on demand all costs incurred by the local government or which the local government may be required to pay under this clause. (2) The local government may apply the proceeds of any bond, bank guarantee or other security provided by the licensee under clause 5.1 towards its costs under this clause. (4) The liability of a licensee to pay the local government’s costs under this clause is not limited to the amount, if any, secured under clause 5.1. PART 6—LIMITATIONS, OBLIGATIONS OF THE LICENSEE AND PROHIBITIONS 6.1 Limits on Excavation Near Boundary Subject to any licence conditions imposed by the local government, a person shall not, without the written approval of the local government, excavate within— (a) 20 metres of the boundary of any land on which the excavation site is located; (b) 20 metres of any land affected by a registered grant of easement; (c) 40 metres of any thoroughfare; or (d) 40 metres of any watercourse. Penalty $2,000 6.2 Obligations of the Licensee A licensee shall— (a) where the local government so requires, securely fence the excavation to a standard determined by the local government and keep the gateways locked when not actually in use in order to prevent unauthorised entry; (b) erect and maintain warning signs along each of the boundaries of the area excavated under the licence so that each sign— (i) is not more than 200 metres apart; (ii) is not less than 1.8 metres high and not less than 1 metre wide; and (iii) bears the words “DANGER EXCAVATIONS KEEP OUT”; (c) except where the local government approves otherwise, drain and keep drained to the local government’s satisfaction any excavation to which the licence applies so as to prevent the accumulation of water; (d) restore and reinstate the excavation site in accordance with the terms and conditions of the licence, the site plans and the works and excavation programme approved by the local (e) take all reasonable steps to prevent the emission of dust, noise, vibration and other forms of nuisance from the excavation site; and (f) otherwise comply with the conditions imposed by the local government in accordance with clause 3.1. Penalty $5,000 for each offence, and if an offence is of a continuing nature, to a daily penalty not