Part 3PERMITS

PART 3—PERMITS Division 1—Preliminary 3.1 Application of Part This Part does not apply to a person who uses or occupies local government property under a written agreement with the local government to do so. Division 2—Applying for a permit 3.2 Application for permit (1) Where a person is required to obtain a permit under this local law, that person must apply for the permit in accordance with subclause (2).

12 January 2018 GOVERNMENT GAZETTE, WA 159 (2) An application for a permit under this local law must— (a) be in the form determined by the local government; (b) be signed by the applicant; (c) provide the information required by the form; and (d) be forwarded to the local government together with any fee imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act. (3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for a permit. (4) The local government may require an applicant to give local public notice of the application for a permit. (5) The local government may refuse to consider an application for a permit which is not in accordance with subclause (2). 3.3 Decision on application for permit (1) The local government may— (a) approve an application for a permit unconditionally or subject to any conditions; or (b) refuse to approve an application for a permit. (2) If the local government approves an application for a permit, it is to issue to the applicant, a permit in the form determined by the local government. (3) If the local government refuses to approve an application for a permit, it is to give written notice of that refusal to the applicant. Division 3—Conditions 3.4 Conditions which may be imposed on a permit (1) Without limiting the generality of clause 3.3(1)(a), the local government may approve an application for a permit subject to conditions relating to— (a) the payment of fees and charges; (b) compliance with a standard or a policy of the local government adopted by the local government; (c) the duration and commencement of the permit; (d) the commencement of the permit being contingent on the happening of an event; (e) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (f) the approval of another application for a permit which may be required by the local government under any written law; (g) the area of the district to which the permit applies; (h) where a permit is issued for an activity which will or may cause damage to local government property, the payment of a deposit or secure sum against such damage; and (i) the obtaining of public liability insurance in an amount and on terms reasonably required by the local government. (2) Without limiting clause 3.3(1)(a) and subclause (1), the following paragraphs indicate the type and content of the conditions on which a permit to hire local government property may be issued— (a) when fees and charges are to be paid; (b) payment of a bond or secure sum against possible damage or cleaning expenses or both; (c) restrictions on the erection of material or external decorations; (d) rules about the use of furniture, plant and effects; (e) limitations on the number of persons who may attend any function in or on local government (f) the duration of the hire; (g) the right of the local government to cancel a booking during the course of an annual or seasonal booking, if the local government sees fit; (h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first obtained for that purpose under the Liquor Control Act 1988; (i) whether or not the hire is for the exclusive use of the local government property; (j) in accordance with clause 12.5, the obtaining of a policy of insurance in the names of the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer; and (k) the provision of an indemnity from the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer.