Part 10OFFENCES AND PENALTIES

PART 10—OFFENCES AND PENALTIES 10.1 Offences A person who fails to do anything required or 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. 10.2 General penalty A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of the day during which the offence has continued. 10.3 Modified penalties (1) An offence against a clause specified in the Schedule is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in the Schedule. 10.4 Forms For the purposes of this local law— (a) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (b) the form of the notice sent under section 9.20 of the Act withdrawing an infringement notice is that of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. ———— SCHEDULE—PRESCRIBED OFFENCES [clause 10.3] Item Clause Nature of offence Modified penalty $ 1 2.1(a) Carry on an extractive industry without a valid and current licence 500 2 2.1(b) Carry on an extractive industry not in accordance with conditions of licence 500 3 4.5(1) Failure to comply with notice regarding transport of materials 500 4 5.1(a) Failure to securely fence or keep gateways locked 500 5 5.1(b) Failure to comply with boundary signage requirements 500 6 5.1(c) Failure to provide adequate drainage 500 7 5.1(d) Failure to restore and reinstate site in accordance with approved plan 500

6 August 2018 GOVERNMENT GAZETTE, WA 2831 Item Clause Nature of offence Modified penalty $ 8 5.1(e) Failure to control dust, noise, vibration and other nuisances 500 9 5.1(f) Failure to comply with conditions of licence 500 10 5.2(a) Excavate within 500 metres of a residence without approval 500 11 5.2(b) Excavate within 50 metres of a bore, watercourse, wetland swamp or other water reserve without approval 500 12 5.2(c) Excavate within 50 metres of a thoroughfare without approval 500 13 5.2(d) Excavate within 20 metres of the boundary of any land on which the excavation is situated without approval 500 14 5.2(e) Excavate within 20 metres of land affected by a registered grant of easement without approval 500 15 5.2(f) Excavate within 2 metres of estimated maximum groundwater level without approval 500 16 5.3(a) Removal of trees or shrubs within 40 metres of any boundary with a thoroughfare reserve without approval 500 17 5.3(b) Store or permit to be stored explosives or explosive devices without approval 500 18 5.3(c) Fill or excavate other than in accordance with the conditions of licence 500 19 5.4(1)(a) Carry out or permit to be carried out blasting without approval 500 20 5.4(1)(b) Carry out or permit to be carried out blasting outside the hours approved by the local government 500 21 5.4(1)(d) Failure to comply with conditions relating to blasting imposed by the local government 500 22 5.4(2) Carry out or permit to be carried out blasting on a Saturday, Sunday or public holiday without approval 500 23 6.1(1) Failure to provide notice of cessation of operations 500 24 6.3(1) Failure to provide annual confirmation of details during period of temporary cessation of operations 500 25 6.4 Failure to undertake restoration and reinstatement as required on cessation of operations 500 26 8.4 Failure to comply with requirements of notice 500 27 10.1 Other offences not specified 500 ———— 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. ———————————