926GOVERNMENT GAZETTE, WA 5 March 2021

926 GOVERNMENT GAZETTE, WA 5 March 2021 (b) approve the application— (i) over the whole or part of the land in respect of which the application is made; and (ii) on such terms and conditions, if any, as it sees fit. (2) The local government may refuse to consider an application for a licence that does not comply with the requirements of clause 2.3, and in any event shall refuse an application for a licence where planning approval for an extractive industry use of the land has not first been obtained. (a) Where the local government refuses the application for a licence under subclause (5), it shall notify the licensee in writing. (3) Where the local government approves an application for a licence, it shall— (a) determine the licence period, not exceeding 21 years from the date of issue; and (b) approve the issue of a licence in the form determined by the local government from time to time. (c) notify the applicant in writing (4) Where the local government approves the issue of a licence, the CEO shall issue the licence to the applicant upon receipt by the local government of— (a) payment of the annual licence fee, or the relevant proportion of the annual licence fee to 30th June, determined by the local government under and in accordance with sections 6.16 to 6.19 of the Local Government Act 1995; (b) payment of the secured sum if any, imposed under clause 5.1; (c) the documents, if any, executed to the satisfaction of the CEO, under clause 5.1; and (d) a copy of the public liability insurance policy required under clause 7.1(1) shall issue the licence to the applicant. (5) Without limiting sub clause (2), the local government may impose conditions in respect of the following matters— (a) the orientation of the excavation to reduce visibility from other land; (b) the appropriate siting of access thoroughfares, buildings and plant; (c) the stockpiling of material; (d) the hours during which any excavation work may be carried out; (e) the hours during which any processing plant associated with, or located on, the site may be operated; (f) requiring all crushing and treatment plant to be enclosed within suitable buildings to minimise the emission of noise, dust, vapour and general nuisance to the satisfaction of the local government; (g) the depths below which a person shall not excavate; (h) distances from adjoining land or thoroughfares within which a person must not excavate; (i) the safety of persons employed at or visiting the excavation site; (j) the control of dust and wind-blown material; (k) the planting, care and maintenance of trees, shrubs and other landscaping features during the time in which the extractive industry is carried out in order to effectively screen the area to be excavated and to provide for progressive rehabilitation; (l) the prevention of the spread of dieback or other disease; (m) the drainage of the excavation site and the disposal of water; (n) the restoration and reinstatement of the excavation site, the staging of such works, and the minimising of the destruction of vegetation; (o) the provision of retaining walls to prevent subsidence of any portion of the excavation or of land abutting the excavation; (p) requiring the licensee to furnish to the local government a surveyor’s certificate each year, prior to the renewal fee being payable, to certify the quantity of material extracted and that material has not been excavated below the final contour levels outlined within the approved excavation programme; (q) requiring the licensee to enter into an agreement with the local government by which it agrees to pay any extraordinary expenses incurred by the local government in repairing damage caused to thoroughfares in the district by heavy or extraordinary traffic conducted by or on behalf of the licensee under the licence; (r) requiring the licensee to enter into an agreement with the local government in respect of any condition or conditions imposed under this local law; and (s) any other matter for properly regulating the carrying on of an extractive industry. 3.2. Payment Of Annual Licence Fee On or before 30 June in each year, a licensee shall pay to the local government the annual licence fee determined by the local government under and in accordance with sections 6.16 to 6.19 of the Local Government Act 1995.