31 December 1982 are repealed.
1.5 Definitions
In this local law unless the context otherwise requires—
Act means the Bush Fires Act 1954;
bush fire brigade has the meaning given to it in section 7 of the Act;
bush fire brigade area has the meaning given to it in clause 2.2(b);
bush fire brigade member means a volunteer fire fighter having current membership of a bush
fire brigade;
bush fire brigade officer means a person holding a position referred to in clause 3.3,
irrespective of method of appointment to the position;
bush fire control officer means a person appointed by the local government to exercise the
powers of a bush fire control officer or bush fire officer in accordance with the Act and this
local law;
Bush Fire Operating Procedures means the Bush Fire Operating Procedures as may be
adopted by the local government and amended from time to time;
Captain means the person holding or acting in that position in a bush fire brigade;
CBFCO means the Chief Bush Fire Control Officer;
CEO means the Chief Executive Officer of the local government;
Council means the Council of the local government;
district means the district of the local government;
fire fighting activities means all normal brigade activities relating to a live bush fire which is
active in the district, and includes burning off, creating fire breaks and other methods for the
control of bush fires;
Lieutenant means the person holding that position in a bush fire brigade;
local government means the Shire of Morawa;
normal brigade activities has the meaning given to it in section 35A of the Act;
President means President of the Council;
Regulations means Regulations made under the Act; and
volunteer fire fighter has the meaning given to it in section 35A of the Act.
2812 GOVERNMENT GAZETTE, WA 6 August 2018
PART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES
2.1 Establishment of a bush fire brigade
(1) The local government may establish a bush fire brigade for the purpose of carrying out normal
brigade activities.
(2) A bush fire brigade is established on the date of the local government’s decision under
subclause (1).
2.2 Name and area of bush fire brigade
On establishing a bush fire brigade under clause 2.1(1) the local government is to—
(a) give a name to the bush fire brigade; and
(b) specify the area within the district in which the bush fire brigade is primarily responsible for
carrying out the normal brigade activities.
2.3 Objects of bush fire brigades
The objects of the bush fire brigade are to carry out—
(a) the normal brigade activities; and
(b) the functions of the bush fire brigade which are specified in the Act, the Regulations and the
local law.
2.4 Chain of command during fire fighting activities
(1) Subject to the Act, the chain of command to apply during normal brigade activities is—
(a) bush fire control officers in order of seniority;
(b) bush fire brigade officers in order of seniority; and
(c) all other volunteer fire fighters.
(2) The person in command has full control over other persons fighting the fire, and is to issue
instructions as to the methods to be adopted by the volunteer fire fighters, and may exercise all the
powers and duties provided for by the Act.
2.5 Existing bush fire brigades
A bush fire brigade established prior to the day on which this local law comes into operation—
(a) is to be taken to be a bush fire brigade established under and in accordance with this local
law;
(b) the provisions of this local law apply to the bush fire brigade save for clause 2.1; and
(c) any rules governing the operation of the bush fire brigade are repealed and substituted with
the provisions of this local law.
2.6 Dissolution of bush fire brigade
In accordance with section 41(3) of the Act, the local government may cancel the registration of a bush
fire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local
law, or is not achieving the objectives for which it was established.
2.7 New arrangement after dissolution
If the local government cancels the registration of a bush fire brigade, alternative fire control
arrangements are to be made in respect of the bush fire brigade area.
PART 3—ORGANISATION OF BUSH FIRE BRIGADES
3.1 Local government responsible for structure
The local government is to ensure that there is an appropriate structure through which the
organisation of bush fire brigades is maintained.
3.2 Appointment of bush fire control officers
(1) The local government may appoint bush fire control officers in their absolute discretion, and apply
conditions as considered appropriate.
(2) Where only one person is appointed as a bush fire control officer, that person is the CBFCO for the
purposes of this local law.
(3) Where more than one person is appointed as a bush fire control officer, the local government shall
determine seniority as CBFCO, Deputy CBFCO, and further seniority as is considered appropriate.
(4) When considering the appointment of a person as a bush fire control officer, the local government
is to have regard to the qualifications, training and experience which may be advisable to fill the
position.
3.3 Election and appointment of bush fire brigade officers
(1) Subject to subclause (2), the members of a bush fire brigade shall elect—
(a) a Captain;
(b) a first lieutenant;
(c) a second lieutenant; and
(d) any additional lieutenants or other officers considered appropriate for the effective
management of normal brigade activities.
6 August 2018 GOVERNMENT GAZETTE, WA 2813
(2) If the members of a bush fire brigade have not elected a bush fire brigade member to a position,
the local government may make an appointment to the position as they see fit and as considered
appropriate.
(3) When considering the election or appointment of persons to the positions in subclause (1), the bush
fire brigade members or the local government as the case may be, are to have regard to the
qualifications, training and experience which may be advisable to fill each position.
(4) The local government may remove any person elected or appointed from any position.
3.4 Managerial role of CBFCO
Subject to any directions by the local government the CBFCO has primary managerial responsibility
for the organisation and maintenance of bush fire brigades.
3.5 Duties of CBFCO and bush fire brigade officers
The duties of the CBFCO and bush fire brigade offices include—
(a) to provide leadership to bush fire brigades;
(b) to monitor bush fire brigades’ resourcing, equipment and training levels;
(c) to liaise with the local government concerning fire prevention or fire suppression matters
generally and directions to be issued by the local government to bush fire control officers
(including those who issue permits to burn), bush fire brigades or bush fire brigade officers;
(d) to ensure that lists of bush fire brigade members are maintained in accordance with
clause 4.3;
(e) to report annually to the local government the office bearers of the bush fire brigade in the
form of Form 12 of the Regulations; and
(f) to report to the local government prior to the local government’s annual budget each year, for
consideration and appropriate provision being made in the next budget, the status of a bush
fire brigade’s—
(i) training and readiness;
(ii) protective clothing;
(iii) equipment; and
(iv) vehicles and appliances.
3.6 Training of officers
(1) The local government is to supply each bush fire control officer and Captain with a copy of the Act,
the Regulations, any Bush Fire Operating Procedures adopted, this local law and any other written
laws which may be relevant to the performance of the bush fire brigade officers’ functions, and any
amendments made from time to time.
(2) Bush fire control officers are to complete a Bush Fire Control Officers course conducted by an
organisation approved by the CEO, within 12 months of commencement of this local laws or
appointment, unless a course has been completed within the 4 years prior to commencement of this
local law or appointment as a bush fire control officer.
(3) Bush fire control officers are required to complete a bush fire control officers course or a bush fire
control officers refresher course at least once every 5 years.
PART 4—MEMBERSHIP
4.1 Types of membership of bush fire brigade
(1) The membership of a bush fire brigade consists of volunteer fire fighters.
(2) Registration as a volunteer fire fighter does not commit the person to participating in all normal
brigade activities.
4.2 Membership applications
The decision on an application for admission of member, with or without conditions or restrictions,
may be made by—
(a) either the Captain or CBFCO; jointly with
(b) either the CEO or President.
4.3 Membership—review, refusal, suspension or termination
(1) Not later than 30 April in each year, the Captain is to review the membership and report to the
CEO and CBFCO the name and contact details of each bush fire brigade member.
(2) If circumstances warrant, membership of the bush fire brigade may be refused or suspended at
any time for a period considered appropriate.
(3) Membership of the bush fire brigade terminates if the member—
(a) dies;
(b) gives written notice of resignation to the Captain or CEO;
(c) is permanently incapacitated by mental or physical ill-health; or
(d) is no longer a resident or landowner or a landowner of occupier in the district, or for other
sufficient reason.
2814 GOVERNMENT GAZETTE, WA 6 August 2018
(4) A decision under subclause (2), (3)(c) or (d) is to be made by—
(a) either the Captain or CBFCO; jointly with
(b) either the CEO or President.
(5) Where a decision under subclause (2), (3)(c) or (3)(d) is unable to be agreed, the matter is to be
referred to Council, whose decision shall be final.
(6) Members are eligible to reapply where membership has ceased for any reason.
4.4 Right to object to or review of decision
(1) If an application for membership is refused under clause 4.2, the CEO is to notify the applicant in
writing as soon as practicable after the decision is made, of—
(a) the reasons for the refusal; and
(b) the right to object to the local government within 14 days of the date of notice.
(2) If it is proposed that bush fire brigade member is to be suspended under clause 4.3(2) or
terminated under clause 4.3(3)(c) or (d), the CEO is to notify the bush fire brigade member in writing
as soon as practicable after the decision is made, of—
(a) the reasons for the intention to suspend or terminate the bush fire brigade member;
(b) the opportunity to respond and answer any matters which might give grounds for suspension
or dismissal—
(i) in person or in writing to the CEO; or
(ii) to meet with a minimum of any three of the Captain, CBFCO, CEO; or President; and
(c) the right to object to the local government within 14 days of the date of notice, or such other
time as may be agreed.
(3) The decisions of any meeting in accordance with subclause (2)(b)(ii) of a bush fire brigade member
with a minimum of any three of the Captain, CBFCO, CEO; or President—
(a) are to be made by simple majority; and
(b) may revoke, vary or confirm the original decision to suspend or terminate the bush fire
brigade member.
(4) The bush fire brigade member is to be notified in writing as soon as practical after a decision
under subclause (3) is made, of—
(a) the decision and the reasons for the decision; and
(b) the right to object to the local government within 14 days of the date of notice.
(5) The local government may dispose of an objection by—
(a) dismissing the objection;
(b) varying the decision objected to; or
(c) revoking the decision objected to, with or without—
(i) substituting for it another decision; or
(ii) referring the matter, with or without directions, for another decision by a minimum of
any three of the Captain, CBFCO, CEO; or President.
(6) The local government shall give written advice of the decision made under subclause (5) to the
person.
4.5 Existing liabilities to continue
The resignation, suspension or termination of a member under clause 4.3 does not affect any liability
of the bush fire brigade member arising prior to the date of resignation, suspension or termination of
membership.
4.6 Disagreements
(1) Any disagreement between bush brigade members regarding normal brigade activities may be
referred to the Captain.
(2) Where a disagreement in subclause (1) is considered by the Captain to be of importance to the
interests of the bush fire brigade, then the Captain is to refer the disagreement to the CBFCO or to
the Council.
(3) Where a disagreement is referred to the CBFCO, the CBFCO may—
(a) determine the disagreement; or
(b) refer the matter to the Council.
(4) The Council is the final authority on matters affecting the bush fire brigade, and may resolve any
disagreement referred to it.
PART 5—GENERAL
5.1 Administration
All administrative matters of a bush fire brigade are to be managed by the local government, other
than bush fire brigade specific internal arrangements.
6 August 2018 GOVERNMENT GAZETTE, WA 2815
5.2 Finances
All financial matters of a bush fire brigade are to be managed by the local government, other than
bush fire brigade specific internal arrangements.
5.3 Equipment
All equipment purchased by the local government is the property of, and shall be insured by, the local
government.
5.4 Consideration in the local government budget
In addition to funding made available through emergency services grants, the local government may
provide further funding depending upon the assessment of budget priorities for the year in question.
————
Dated: 6 July 2018.
The Common Seal of the Shire of Morawa was affixed by authority of a resolution of Council in the
presence of—
K. J. CHAPPEL, President.
C. P .M. LINNELL, Chief Executive Officer.
———————————
6 August 2018 GOVERNMENT GAZETTE, WA 2817
LOCAL GOVERNMENT ACT 1995
SHIRE OF MORAWA
EXTRACTIVE INDUSTRIES LOCAL LAW 2018
CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Application
1.4 Repeal
1.5 Transitional provisions
1.6 Definitions
PART 2—REQUIREMENT FOR LICENCE
2.1 Extractive industries prohibited without licence
PART 3—APPLICATION REQUIREMENTS
3.1 Applicant to advertise proposal
3.2 Application for licence
3.3 Plan of excavation site
3.4 Works and excavation program
3.5 Rehabilitation and decommissioning program
3.6 Certificate of a licensed surveyor
3.7 Security for restoration of excavation site and for road infrastructure
PART 4—LICENCING
4.1 When an application may be determined
4.2 Determination of application
4.3 Conditions which may be imposed
4.4 Variation of conditions
4.5 Transport of materials
4.6 Renewal of licence
4.7 Variation of licence
4.8 Transfer of licence
4.9 Cancellation of licence by the local government
PART 5—LIMITATIONS, OBLIGATIONS AND PROHIBITIONS ON LICENSEE
5.1 Obligations of the licensee
5.2 Limits on excavation near boundary
5.3 Prohibitions
5.4 Blasting
PART 6—CESSATION OF OPERATIONS
6.1 Notice of cessation of operations by licensee
6.2 Cessation of operations—permanent
6.3 Cessation of operation—temporary
6.4 Works to be carried out on cessation of operations
PART 7—MISCELLANEOUS
7.1 Public liability
7.2 Mines Safety and Inspection Act 1994 and Environmental Protection Act 1986
7.3 Annual licence fee
7.4 Use of secured sum by the local government
2818 GOVERNMENT GAZETTE, WA 6 August 2018
PART 8—NOTICES
8.1 Notice to remedy non-compliance
8.2 Notice requirements
8.3 Local government may undertake requirements of notice
8.4 Offence to fail to comply with notice
PART 9—OBJECTIONS AND REVIEW
9.1 Objection and review rights
PART 10—OFFENCES AND PENALTIES
10.1 Offences
10.2 General penalty
10.3 Modified penalties
10.4 Forms
SCHEDULE—PRESCRIBED OFFENCES
6 August 2018 GOVERNMENT GAZETTE, WA 2819
LOCAL GOVERNMENT ACT 1995
SHIRE OF MORAWA
EXTRACTIVE INDUSTRIES LOCAL LAW 2018
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling
it, the Council of the Shire of Morawa resolved on 21 June 2018 to make the following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Shire of Morawa Extractive Industries Local Law 2018.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
1.3 Application
The provisions of this local law—
(a) subject to paragraphs (b), (c) and (d)—
(i) apply and have force and effect throughout the whole of the district;
(ii) apply to every excavation whether commenced prior to or following the coming into
operation of this local law; and
(iii) apply to a previous licence as if it was issued under this local law;
(b) do not apply to the extraction of minerals under the Mining Act 1978;
(c) do not apply to the carrying on of an extractive industry on Crown land; and
(d) do not apply to the carrying on of an extractive industry on land by the owner or occupier of
that land for use on that land.
1.4 Repeal
The Shire of Morawa Extractive Industries Local Law 2008 as published in the Government Gazette
on 16 July 2008, is repealed.
1.5 Transitional provisions
(1) Within 90 days of commencement of this local law or within 90 days of the date of the annual
licence fee of a previous licence becoming due and payable (under clause 7.3), the local government
may in respect of the licence—
(a) vary or delete a condition; or
(b) impose one or more other conditions, as specified in clause 4.3(2).
(2) A condition that is varied, deleted or imposed under subclause (1) does not become effective until
90 days (or longer period that is specified by the local government) after written notice of the
condition is given by the local government to the licensee.
1.6 Definitions
In this local law unless the context otherwise requires—
Act means the Local Government Act 1995;
application for licence includes application to renew, transfer, vary or cancel a licence as the
context requires;
authorised person means a person appointed by the local government to perform all or any of
the functions conferred on an authorised person under this local law;
carry on an extractive industry means quarrying and excavating for stone, gravel, sand and
other material, and the transporting of the material off the site, but excludes extractive
activities undertaken by statutory authorities;
CEO means the Chief Executive Officer of the local government;
2820 GOVERNMENT GAZETTE, WA 6 August 2018
cessation of operations means termination of activities associated with the extraction and
transport of the materials whether permanent or temporary, but does not include activities
under clauses 6.3 for the care and maintenance of the site, or clause 6.4.
district means the district of the Shire of Morawa;
excavation includes quarry;
infringement notice means the notice referred to in clause 10.4(a);
land, unless the context requires otherwise, means the land on which the applicant proposes
carrying on the extractive industry to which the licence application relates, and includes
adjoining lots or locations in the same occupation or ownership;
licence means a licence issued under this local law and a previous licence;
licensee means the person named in the licence as the licensee;
local government means the Shire of Morawa;
local planning scheme means a planning scheme of the local government made under the
Planning and Development Act 2005;
owner has the meaning given to it in section 1.4 of the Act;
occupier has the meaning given to it in section 1.4 of the Act;
person does not include the local government;
planning approval means an approval for a development or a land use that is issued under a
local planning scheme administered by the local government;
previous licence means a licence that is in force at the date of commencement of this local law;
Schedule means a schedule to this local law;
secured sum means the sum required to be paid or the amount of a bond, bank guarantee or
other security under clause 3.7;
set fee means a fee determined by the local government in accordance with sections 6.16 to 6.19
of the Act;
site means the land specified by the local government in a licence;
thoroughfare has the meaning given to it in section 1.4 of the Act; and
transferee means a person who applies for the transfer of a licence to her or him under
clause 4.8.
PART 2—REQUIREMENT FOR LICENCE
2.1 Extractive industries prohibited without licence
A person must not carry on an extractive industry—
(a) unless the person is the holder of a valid and current licence; and
(b) otherwise than in accordance with any terms and conditions set out in, or applying in respect
of, the licence.
PART 3—APPLICATION REQUIREMENTS
3.1 Applicant to advertise proposal
(1) Unless the local government first approves otherwise, a person seeking the issue of a licence shall,
before making an application for a licence—
(a) forward a notice to—
(i) the owners and occupiers of all land adjoining the land upon which it is proposed to
excavate, or within an area determined by the local government as likely to be affected
by the granting of a licence; and
(ii) every authority or person having control or jurisdiction over any of the things referred
to in clause 3.3(1)(g) and (h) within 500 metres from the boundaries of the land, or
within an area determined by the local government as likely to be affected by the
granting of a licence; and
(b) as soon as practicable after complying with the requirements of paragraph (a)—
(i) forward a copy of the notice to the CEO; and
(ii) publish the notice in a newspaper circulating in the area in which the proposed
excavation is located.
(2) The information contained in the notice referred to in subclause (1) shall include but is not limited
to—
(a) particulars of the proposed excavation; and
(b) inviting objections or comments to be made to the CEO within 21 days of date of receipt of the
notice.
(3) The local government may undertake a public consultation process including but not limited to—
(a) provision of information by mail or similar;
(b) electronically through a website or similar; and
(c) public meetings.
6 August 2018 GOVERNMENT GAZETTE, WA 2821
(4) The local government may, within 14 days after receiving a copy of a notice referred to in
subclause (1), cause to be displayed, or require the proposed applicant to display, in a prominent
position on the land one or more notices—
(a) in a form approved by the local government;
(b) the content, size, construction and position of which have been approved by the local
government;
(c) specifying particulars of the proposed excavation; and
(d) inviting objections or comments within 21 days from the placement of the notice.
3.2 Application for licence
(1) An application for a licence shall—
(a) be made in writing;
(b) state—
(i) name of person or company for whom the application is being lodged;
(ii) name of primary contact person for the company and in relation to the application;
(iii) telephone, mobile phone and email contact details; and
(iv) postal and street address.
(c) be accompanied by—
(i) the set fee;
(ii) a current certificate of currency for public liability policy in accordance with clause 7.1;
(iii) the consent in writing to the application from the owner of the excavation site; and
(iv) a copy of the planning approval for an extractive industry to be conducted on the land;
(d) include any information that the local government may reasonably require; and
(e) be signed by the applicant.
(2) An application for a licence must be lodged with the local government together with details of the
proposed excavation, including but not limited to—
(a) a plan of the excavation site in accordance with clause 3.3;
(b) a works and excavation program in accordance with clause 3.4;
(c) a rehabilitation and decommissioning program in accordance with clause 3.5;
(d) evidence that a datum peg has been established on the land related to a point approved by
the local government on the surface of a constructed public thoroughfare or such other land in
the vicinity;
(e) a certificate from a licensed surveyor;
(f) evidence that the requirements of clause 3.1(1), (3) and (4) have been carried out;
(g) copies of all land use planning approvals required under any planning legislation;
(h) copies of any environmental approval required under any environmental legislation;
(i) copies of any geotechnical information relating to the excavation site;
(j) evidence that an application for a clearing permit has been lodged with the Department of
Water and Environmental Regulation if that is required under regulation 5 of the
Environmental Protection (Clearing of Native Vegetation) Regulations 2004; and
(k) any other information that the local government may reasonably require.
(3) The application under subclause (1) and detailed information under subclause (2) shall consist of
one signed paper copy and an electronic copy.
(4) The local government may exempt a person making an application for a licence from supplying
any of the data specified in subclause (2)(c), (d), (e) or (i), where—
(a) the surface area does not exceed 2000 square metres; and
(b) the material to be extracted from the proposed excavation does not exceed 2000 cubic metres.
3.3 Plan of excavation site
(1) The plan referred to in clause 3.2(2)(a) shall be in a scale of between 1:500 and 1:2000 showing—
(a) the existing and proposed land contours based on the Australian Height Datum and plotted
at one metre contour intervals;
(b) the land on which the excavation site is to be located;
(c) the external surface dimensions of the land;
(d) the location and depth of the existing and proposed excavation of the land;
(e) the location of existing and proposed thoroughfares or other means of vehicle access to and
egress from the land and to public thoroughfares in the vicinity of the land;
(f) the location of buildings, treatment plant, tanks and other improvements and developments
existing on, approved for or proposed in respect of the land;
(g) the location of existing infrastructure services including but not limited to powerlines and
communication cables, and any associated poles or pylons, sewers, pipelines, reserves,
bridges, railway lines and registered grants of easement or other encumbrances over, on,
under or adjacent to or in the vicinity of the land;
2822 GOVERNMENT GAZETTE, WA 6 August 2018
(h) the location of all existing bores, dams, watercourses, drains or sumps on or adjacent to the
land;
(i) the location and description of existing and proposed fences, gates and warning signs around
the land; and
(j) the location of the areas proposed to be used for stockpiling excavated material, treated
material, overburden and soil storage on the land and elsewhere.
(2) All survey data supplied by an applicant for the purpose of subclause (1) shall comply with
Australian Height Datum and Australian Map Grid standards.
3.4 Works and excavation program
The works and excavation program referred to in clause 3.2(2)(b) shall contain—
(a) the nature and estimated duration of the proposed excavation for which the licence is applied;
(b) the stages and the timing of the stages in which it is proposed to carry out the excavation;
(c) details of the methods to be employed in the proposed excavation and a description of any on-
site processing works;
(d) details of the depth and extent of the existing and proposed excavation of the site;
(e) an estimate of the depth of and description of the nature and quantity of the overburden to be
removed;
(f) a description of the methods by which existing vegetation is to be cleared and topsoil and
overburden removed or stockpiled;
(g) a description of the means of access to the excavation site and the types of thoroughfares to be
constructed;
(h) details of the proposed number and size of trucks entering and leaving the site each day and
the route or routes to be taken by those vehicles;
(i) a description of any proposed buildings, water supply, treatment plant, tanks and other
improvements;
(j) details of drainage conditions applicable to the land and methods by which the excavation site
is to be kept drained;
(k) a description of the measures to be taken to minimise sand drift, dust nuisance, erosion,
watercourse siltation and dangers to the general public;
(l) a noise management plan, including a description of the measures to be taken to comply with
the Environmental Protection Act 1986 and the Environmental Protection (Noise)
Regulations 1997;
(m) a description of the existing site environment and a report on the anticipated effect that the
proposed excavation will have on the environment in the vicinity of the land;
(n) details of the nature of existing vegetation, shrubs and trees and a description of measures to
be taken to minimise the destruction of existing vegetation;
(o) a description of the measures to be taken in screening the excavation site, or otherwise
minimising adverse visual impacts, from nearby thoroughfares or other areas; and
(p) details of measures to reduce impact on the adjoining owners and occupiers, and the wider
community.
3.5 Rehabilitation and decommissioning program
The rehabilitation and decommissioning program referred to in clause 3.2(2)(c) shall indicate—
(a) the objectives of the program, having due regard to the nature of the surrounding area and
the proposed end-use of the excavation site;
(b) whether restoration and reinstatement of the excavation site is to be undertaken
progressively or upon completion of excavation operations;
(c) how any face is to be made safe and batters sloped;
(d) the method by which topsoil is to be replaced and revegetated;
(e) the numbers and types of trees and shrubs to be planted and other landscaping features to be
developed;
(f) how rehabilitated areas are to be maintained; and
(g) the program for the removal of buildings, plant, waste and final site clean up.
3.6 Certificate of a licensed surveyor
The certificate in subclause 3.2(2)(e) shall certify the correctness of—
(a) the datum peg and related point referred to in subclause 3.2(2)(d); and
(b) the plan referred to in subclause 3.2(2)(a).
3.7 Security for restoration of excavation site and for road infrastructure
(1) The local government may require that 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, for the purposes of—
(a) ensuring that an excavation site is properly restored or reinstated; and
(b) ensuring that road infrastructure is repaired and maintained to the standard agreed in
accordance with subclauses 4.5(2) and (3).
6 August 2018 GOVERNMENT GAZETTE, WA 2823
(2) The security required under subclause (1) may be required to be provided by the applicant to the
local government—
(a) as a condition of a licence; or
(b) before the issue of a licence.
(3) A bond required under subclause (1) is to be paid into a fund established by the local government
for the purposes of this clause.
(4) If a bank guarantee or other security required under subclause (1) ceases to be current, excavation
is to cease until a further security in a form acceptable to the local government has been provided.
(5) Subject to clause 7.4, any interest accrued in respect of the bond paid into the fund under
subclause (3) 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.
PART 4—LICENCING
4.1 When an application may be determined
An application for a licence is not to be determined by the local government until—
(a) the applicant submits proof that the requirements for notices, public information and
consultation have been undertaken in accordance with subclauses 3.1(1) and (2);
(b) the applicant has made an application for licence in accordance with subclause 3.2(1) and (2);
(c) the local government has considered any written submissions received within the time
specified in subclauses 3.1(2)(b) and 3.1(4), and
(d) planning approval for an extractive industry use of the land has been obtained.
4.2 Determination of application
(1) Upon receipt of an application, the local government may—
(a) refuse the application; or
(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 3.2.
(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.
(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 set fee;
(b) payment of the secured sum if any, imposed under clause 3.7;
(c) the documents, if any, executed to the satisfaction of the CEO, under clause 3.7; and
(d) a copy of the public liability insurance policy required under clause 7.1(1).
4.3 Conditions which may be imposed
(1) Clause 4.5 applies as a condition to all licences.
(2) Without limiting subclause 4.2(1), the local government may impose conditions in respect of the
following matters, including but not limited to—
(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 roads 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;
2824 GOVERNMENT GAZETTE, WA 6 August 2018
(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 program;
(q) requiring the licensee to enter into an agreement with the local government to pay a
contribution in respect of thoroughfares in the district used by heavy or extraordinary
traffic conducted by or on behalf of the licensee under the licence, in accordance with
subclauses 4.5(2) and (3)—
(i) any extraordinary expenses incurred by the local government;
(ii) requirement for increased maintenance; and
(iii) repair of damage caused;
(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.
4.4 Variation of conditions
(1) Within 30 days of the date of the annual licence fee becoming due and payable (under clause 7.3),
the local government may, in respect of the licence—
(a) Vary or delete a condition; and
(b) May impose one or more other conditions, as specified in clause 4.3(2).
(2) A condition that is varied, deleted or imposed under subclause (1) does not become effective until
90 days (or such longer period as is specified by the local government) after written notice of the
condition is given by the local government to the licensee.
4.5 Transport of materials
(1) The local government may, from time to time, prescribe by giving written notice to the licensee—
(a) determine routes to be taken by the licensee for the transport of materials from the site
through the roads within the district, if the proposed routes are not suitable for the proposed
haulage;
(b) the tonnage limits to be transported along a particular route; and
(c) the times during which materials from the site may be transported through the roads within
the district.
(2) If a road on a route prescribed under subclause (1) is inadequate for the transport of materials
from the site, the local government may require the licensee to pay all or part of the costs or
estimated costs, as determined by the local government, of upgrading the road to the standard
required by the local government for these purposes.
(3) The licensee must pay to the local government, as and when required by the local government, the
costs or estimated costs, as determined by the local government, of repairs and maintenance to any
road that are required as a result of the transport of materials from the site.
(4) Each licence is to be taken to be subject to a condition requiring the licensee to comply with this
clause.
4.6 Renewal of licence
(1) An application to renew a licence is not to be determined by the local government until the
applicant has complied with subclause (2).
(2) An application to renew a licence shall—
(a) be made in writing;
(b) state—
(i) name of person or company for whom the application is being lodged;
(ii) name of primary contact person for the company and in relation to the application;
(iii) telephone, mobile phone and email contact details; and
(iv) postal and street address.
(c) be accompanied by—
(i) the set fee;
(ii) by a copy of the current licence;
(iii) a current certificate of currency for public liability policy in accordance with clause 7.1;
(d) be lodged by the licensee at least 90 days before the date of expiry of the licence;
(e) include a plan showing the contours of the excavation carried out to the date of that
application;
(f) detail the works, excavation and rehabilitation stages reached and of any changes or
proposed changes with respect to any of the things referred to in subclauses 3.2(2)(b) and (c);
and
(g) submit any other things referred to in clauses 3.2 and 4.2.
6 August 2018 GOVERNMENT GAZETTE, WA 2825
(3) The local government may waive any of the requirements specified in subclause (2)(f) or (g).
(4) The applicant shall not be obliged, unless otherwise required by the local government to submit
details of any of the things referred to in clauses 3.2 and 4.2 if—
(a) an application to renew a licence is in relation to land in respect of which the current licence
was issued less than 12 months prior to the date from which the new licence if granted would
apply; and
(b) the methods to be employed in the proposed land excavation are identical to those being
employed at the date of the application.
(5) Upon receipt of an application for renewal of a licence, the local government may—
(a) refuse the application; or
(b) approve the application on such terms and conditions as it sees fit.
(6) Where the local government renews a licence under subclause (5), it shall notify the licensee in
writing.
4.7 Variation of licence
(1) An application to vary a licence by a licensee—
(a) may be made at any time; and
(b) is not to be determined by the local government until the applicant has complied with
subclause (2).
(2) An application to vary a licence shall—
(a) be made in writing;
(b) state—
(i) name of person or company for whom the application is being lodged;
(ii) name of primary contact person for the company and in relation to the application;
(iii) telephone, mobile phone and email contact details; and
(iv) postal and street address;
(c) be accompanied by—
(i) the set fee;
(ii) by a copy of the current licence; and
(iii) a current certificate of currency for public liability policy in accordance with clause 7.1;
(d) be lodged by the licensee at least 90 days before the date of expiry of the licence;
(e) include a plan showing the contours of the excavation carried out to the date of that
application;
(f) detail the works, excavation and rehabilitation stages reached and of any changes or
proposed changes with respect to any of the things referred to in clauses 3.2(2)(b) and (c);
(g) any other things referred to in clauses 3.2 and 4.2.
(h) include any information that the local government may reasonably require; and
(i) be signed by the licensee and the owner of the excavation site (if different to the licensee);
(3) The local government may waive any of the requirements specified in subclause (2)(f) or (g).
(4) The applicant shall not be obliged, unless otherwise required by the local government to submit
details of any of the things referred to in clauses 3.2 and 4.2 if—
(a) an application to vary a licence is in relation to land in respect of which the current licence
was issued less than 12 months prior to the date from which the new licence if granted would
apply; and
(b) the methods to be employed in the proposed land excavation are identical to those being
employed at the date of the application.
(5) Upon receipt of an application to vary a licence, the local government may—
(a) refuse the application; or
(b) approve the application on such terms and conditions as it sees fit.
(6) Where the local government approves a licence variation under subclause (5), it shall notify the
licensee and owner of the excavation site in writing.
4.8 Transfer of licence
(1) An application to transfer a licence is not to be determined by the local government until the
applicant has complied with subclause (2).
(2) An application to transfer a licence shall—
(a) be made in writing;
(b) state—
(i) name of person or company for whom the application is being lodged;
(ii) name of primary contact person for the company and in relation to the application;
(iii) telephone, mobile phone and email contact details; and
(iv) postal and street address.
2826 GOVERNMENT GAZETTE, WA 6 August 2018
(c) be accompanied by—
(i) the set fee;
(ii) a copy of the current licence;
(iii) a certificate of currency in the name of the proposed transferee for public liability policy
in accordance with clause 7.1;
(iv) the consent in writing to the transfer from the owner of the excavation site;
(d) be lodged by the licensee at least 90 days before the date of proposed transfer of the licence;
(e) comply with and satisfy all conditions and requirements of the current licence;
(f) provide equivalent security under clause 3.7 as is required by the current licence; and
(g) include any information that the local government may reasonably require; and
(h) be signed by the licensee and the proposed transferee.
(3) Upon receipt of an application to transfer a licence, the local government may—
(a) refuse the application; or
(b) approve the application on such terms and conditions as it sees fit.
(4) Where the local government approves the transfer of a licence under subclause (3), it shall notify
the licensee and owner of the excavation site in writing.
(5) Where the local government approves the transfer of a licence it shall not be required to refund
any part of the fees and charges paid by the former licensee in respect of the transferred licence.
(6) Where the local government does not approve the transfer of a licence—
(a) the local government may cancel the licence in accordance with clause 4.9, or
(b) the licensee may—
(i) continue operations in accordance with the licence issued;
(ii) give notice of cessation of operations in accordance with clauses 6.1; or
(iii) give notice of temporary cessation of operations in accordance with clause 6.3.
4.9 Cancellation of licence by the local government
(1) The local government may cancel a licence where the licensee has—
(a) ceased to substantially carry on the extractive industry for a period in excess of 12 months or
has not advised the local government of cessation of operations under clause 6.1;
(b) been convicted of an offence against—
(i) this local law; or
(ii) any other law relating to carrying on an extractive industry;
(c) failed to comply with—
(i) any of the conditions of the licence;
(ii) any provisions of this local law; or
(iii) any term of an agreement made with the local government in accordance with this local
law and default continues for a period of 14 days from service on the licensee of written
notice of default;
(d) transferred or assigned or attempted to transfer or assign the licence without the consent of
the local government;
(e) permitted another person to carry on an extractive industry otherwise than in accordance
with the terms and conditions of the licence and of the provisions of this local law;
(f) failed to pay the annual licence fee under clause 7.3;
(g) failed to have a current public liability insurance policy under clause 7.1(1); or
(h) failed to provide a copy of the policy or evidence of its renewal as the case may be, under
clause 7.1(2).
(2) Where the local government cancels a licence under this clause—
(a) the cancellation takes effect on and from the day on which the licensee is served with the
notice, and
(b) the local government shall advise the licensee and owner of the excavation site in writing.
(3) Where the local government cancels a licence under subclause (1), the local government shall not
be required to refund any part of the fees and charges paid by the licensee in respect of the cancelled
licence.
(4) Where the local government cancels a licence under subclause (1), the licensee shall comply with
clause 6.4, unless otherwise approved by the local government.
PART 5—LIMITATIONS, OBLIGATIONS AND PROHIBITIONS ON LICENSEE
5.1 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;
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(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 300 mm high and not less than 450 mm wide;
(iii) the top of the sign is between 1.2 metres and 1.8 metres above ground level; and
(iv) 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 program approved by the local
government;
(e) take all reasonable steps to prevent the emission of dust, noise, vibration and other forms of
nuisance from the excavation site; and
(f) comply with the conditions imposed by the local government in accordance with clause 4.3.
5.2 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) 500 metres of any residence unless with the consent of the adjoining neighbours;
(b) 50 metres of any bore, watercourse, wetland, swamp or other water reserve;
(c) 50 metres of any thoroughfare;
(d) 20 metres of the boundary of any land on which the excavation site is located;
(e) 20 metres of any land affected by a registered grant of easement; or
(f) 2 metres of the estimated maximum groundwater level as determined from time to time by
the Department of Water and Environmental Regulation or otherwise as adopted by the local
government.
5.3 Prohibitions
A licensee shall not—
(a) remove any trees or shrubs within 40 metres of the boundary of any thoroughfare on land in
respect of which a licence has been granted without written permission from the local
government and if required, the Department of Water and Environmental Regulation, except
for the purpose of constructing access thoroughfares, erecting buildings or installing plant for
use in connection with the excavation and then only with the express approval of the local
government and subject to any conditions which the local government may impose in
accordance with clause 4.3;
(b) store, or permit to be stored, except in the case of approved rock quarry sites, any explosives
or explosive devices on the site to which the licence applies other than with the approval of
the local government and the Department of Mines, Industry Regulation and Safety; or
(c) fill or excavate, other than in accordance with the terms and conditions of the licence, the site
plans and the works and excavation program approved by the local government.
5.4 Blasting
(1) A person shall not carry out or permit to be carried out any blasting in the course of excavating
unless—
(a) the local government has otherwise given approval in respect of blasting generally or in the
case of each blast;
(b) subject to subclause (2), the blasting takes place only between the hours of 8.00am and
5.00pm, or as determined by the local government, on Mondays to Fridays inclusive;
(c) the blasting is carried out in strict accordance with the Mines Safety and Inspection Act 1994,
the Environmental Protection Act 1986, and all relevant local laws of the local government;
and
(d) in compliance with any other conditions imposed by the local government concerning—
(i) the time and duration of blasting;
(ii) the purposes for which the blasting may be used; and
(iii) such other matters as the local government may reasonably require in the interests of
the safety and protection of members of the public and of property within the district.
(2) A person shall not carry out or permit to be carried out any blasting on a Saturday, Sunday or
public holiday except with the prior approval of the local government.
PART 6—CESSATION OF OPERATIONS
6.1 Notice of cessation of operations by licensee
(1) A notice of cessation shall—
(a) be made in writing;
2828 GOVERNMENT GAZETTE, WA 6 August 2018
(b) state—
(i) name of person or company for whom the application is being lodged;
(ii) name of primary contact person for the company and in relation to the application;
(iii) telephone, mobile phone and email contact details; and
(iv) postal and street address;
(c) be accompanied by—
(i) a copy of the current licence; and
(ii) a current certificate of currency for public liability policy in accordance with clause 7.1;
(d) advise if the cessation is to be—
(i) temporary and the expected duration or circumstances for re-commencement; or
(ii) permanent,
(e) detail arrangements for meeting any ongoing liabilities or environmental obligations—
(i) name of person or company to whom matters are to be referred;
(ii) name of primary contact person for the company;
(iii) telephone, mobile phone and email contact details; and
(iv) postal and street address;
(f) be lodged by the licensee as soon as cessation of operations has been determined by the
licensee and not more than seven days after the operations have ceased in any event;
(g) include a plan showing the contours of the excavation carried out to the date of that
application;
(h) detail the works, excavation and rehabilitation stages reached and of any changes or
proposed changes with respect to any of the things referred to in clauses 3.2(2)(b) and (c);
(i) any other things referred to in clauses 3.2 and 4.2.
(j) include any information that the local government may reasonably require; and
(k) be signed by the licensee.
(2) Upon notice of cessation of operations, the local government shall—
(a) acknowledge the notice of cessation of operations; and
(b) confirm the acceptability or otherwise of the arrangements for the cessation of operations.
6.2 Cessation of operations—permanent
(1) Where a licensee has given written notice to the local government of the intention to permanently
cease carrying on an extractive industry on the site to which the licence applies, the licence is deemed
to have expired on the date such cessation is so notified.
(2) The permanent cessation of the carrying on of an extractive industry on a site or the deemed
expiration or cancellation of a licence does not entitle the licensee to any refund of any licence fee.
6.3 Cessation of operation—temporary
(1) Where a licensee has given written notice of temporary cessation of operations, then on or before
the annual licence date each year, the licensee shall—
(a) confirm to the local government the matters in subclauses 6.1(1)(d) and (e); and
(b) provide a copy of the current public liability certificate required under clause 7.1.
(2) For the duration of the cessation—
(a) contributions or payments agreed under subclauses 4.3(q) or (r) are suspended until such
time as operations are resumed, but all other conditions and obligations remain in place; and
(b) the annual licence fee under clause 7.3 is suspended.
(3) The licence granted under clause 4.2 shall remain valid for the term of the licence and shall not be
extended by the duration of cessation of operations.
(4) The temporary cessation of the carrying on of an extractive industry on a site or the deemed
expiration or cancellation of a licence does not entitle the licensee to any refund of any licence fee.
6.4 Works to be carried out on cessation of operations
Where the carrying on of an extractive industry on the site permanently ceases or on the expiration or
cancellation of the licence applicable to the site, whichever first occurs, the licensee shall, as well as
complying with the provisions of clause 6.1—
(a) restore and reinstate the excavated site in accordance with the proposals approved by the
local government or in such other manner as the local government may subsequently agree in
writing with the licensee;
(b) ensure that any face permitted to remain upon the excavation site is left safe with all loose
materials removed and where the excavation site is—
(i) sand, the sides are sloped to a batter of not more than 1:3 (vertical : horizontal); and
(ii) limestone or material other than sand, the sides are sloped to a batter which, in the
opinion of the local government, would enable the site to be left in a stable condition;
(c) ensure that the agreed floor level of the excavation is graded to an even surface or is
otherwise in accordance with the rehabilitation and decommissioning program approved by
the local government;
6 August 2018 GOVERNMENT GAZETTE, WA 2829
(d) ensure that all stockpiles or dumps of stone, sand or other materials are left so that no
portion of that material can escape onto land not owned or occupied by the licensee nor into
any stream, watercourse or drain that is not wholly situated within the land owned or
occupied by the licensee;
(e) erect retaining walls where necessary to prevent subsidence of land in the vicinity of any
excavation;
(f) remove from the site all buildings, plant and equipment erected, installed or used for or in
relation to the carrying on of an extractive industry on the site and fill all holes remaining
after such removal to the level of the surrounding ground and compact such filled holes
sufficiently to prevent settling; and
(g) break up, scarify, cover with topsoil and plant with grass, trees and shrubs all parts of the
site where buildings, plant and equipment were erected or installed and all areas which were
used for stockpiling unless otherwise specified under this local law.
PART 7—MISCELLANEOUS
7.1 Public liability
(1) A licensee shall have at all times a current public liability insurance policy naming the local
government and indemnifying the licensee and the local government for a sum of not less than
$20,000,000 in respect of any one claim relating to any of the excavation operations.
(2) The licensee shall provide to the local government a copy of the policy taken out under
subclause (1), within 14 days after the issue of that policy and shall provide to the local government
evidence of policy renewal within 14 days of each policy renewal date.
7.2 Mines Safety and Inspection Act 1994 and Environmental Protection Act 1986
(1) In any case where the Mines Safety and Inspection Act 1994 or the Environmental Protection
Act 1986 applies to any excavation carried on or proposed to be carried on at a site, the licensee in
respect of that site shall provide to the local government within 14 days full particulars of any
inspection or report made under that Act or those Acts.
(2) In this clause, the Mines Safety and Inspection Act 1994 and the Environmental Protection
Act 1986 include all subsidiary legislation made under those Acts.
7.3 Annual licence fee
On or before 30 June in each year, a licensee must pay to the local government the set fee for the
annual licence.
7.4 Use of secured sum by the local government
(1) If a licensee fails to pay any fees and charges or 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—
(i) the local government may carry out or cause to be carried out the required work or so
much of that work as remains undone; and
(ii) 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 3.7 towards its costs under this clause.
(3) The liability of a licensee to pay the local government’s costs or any outstanding fees and charges
under this clause is not limited to the amount, if any, secured under clause 3.7.
(4) For avoidance of doubt, the local government’s powers under this clause are in addition to its other
enforcement powers under this local law.
PART 8—NOTICES
8.1 Notice to remedy non-compliance
Where anything is required to be done or not permitted to be done by this local law, an authorised
person may give the licensee a notice in writing requiring the licensee to comply with the
requirements of this local law.
8.2 Notice requirements
A notice given must—
(a) be in writing;
(b) specify the reason for giving the notice, the work or action that is required to be undertaken;
and
(c) the time within which the work or action is to be undertaken.
2830 GOVERNMENT GAZETTE, WA 6 August 2018
8.3 Local government may undertake requirements of notice
If a person fails to comply with a notice referred to in clause 8.1, the local government may—
(a) do the thing specified in the notice;
(a) take whatever remedial action it considers appropriate and which would have been if the
breach or failure had not occurred; and
(b) recover all costs from the licensee, as a debt.
8.4 Offence to fail to comply with notice
A person who fails to comply with a notice given under this local law commits an offence.