6068GOVERNMENT GAZETTE, WA 22 December 2017

6068 GOVERNMENT GAZETTE, WA 22 December 2017 9.5.10 Prevention of nuisances An owner or occupier must ensure that odours, dust, and effluent are adequately prevented from becoming a nuisance to health or amenity. PART 10—ENFORCEMENT 10.1.1 Interpretation In this Part— authorised person is given the definition under Section 9.15 of the Local Government Act 1995; infringement notice means the notice referred to in clause 10.1.4; and notice of withdrawal means the notice referred to in clause 10.1.7(1). 10.1.2 Offences and penalties (1) A person who fails to do anything required of directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) A person who commits an offence under subclause (1) is liable to— (a) A penalty which is not more than $2,500 and not less than— (i) in the case of a first offence, $250; (ii) in the case of a second such offence, $500; and (iii) in the case of a third or subsequent offence, $1,250; and (b) if the offence is a continuing offence, a daily penalty which is not more than $250 and not less than $100 for each day during which, the offence continues. 10.1.3 Modified penalties (1) The offences contained in Schedule 13 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the fourth column of Schedule 13 directly opposite an offence is the modified penalty payable in respect of that offence. 10.1.4 Issue of an infringement notice (1) Where an authorised person has reason to believe a person has committed an offence in respect of which a modified penalty may be imposed, he or she may issue that person an infringement notice in the form specified under subclause (2). (2) Unless otherwise specified, for the purposes of this local law— (a) where a vehicle is involved in the commission of an offence referred to in section 9.13 of the Local Government Act 1995 is that of Form 1 in Schedule 1 of the Regulations; and (b) the form of the infringement notice given under section 9.16 of the Local Government Act 1995 is that of Form 2 in Schedule 1 of the Regulations. 10.1.5 Failure to pay modified penalty Where a person who has received an infringement notice fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty. 10.1.6 Payment of modified penalty A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case, be allowed by the CEO, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgment. 10.1.7 Withdrawal of an infringement notice (1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice. (2) A person authorised to issue an infringement notice under clause 10.1.4 cannot sign or send a notice of withdrawal. (3) A withdrawal notice is to be in the form of Form 3 in Schedule 1 of the Regulations. 10.1.8 Service An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it at or posting it to his or her address as ascertained from her or him, or as ascertained from inquiries by the local government. ————