920GOVERNMENT GAZETTE, WA 25 January 2017

920 GOVERNMENT GAZETTE, WA 25 January 2017 3.2 Control of refuse (1) From the time of commencement of works on a building site or development site until the time of completion of such work, the owner or occupier of the site shall take reasonable steps to— (a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented from being blown from the site by wind; (b) keep the site free from any refuse; (c) keep the street verge, and any other reserve, immediately adjacent to the site, free of refuse from the site; and (d) ensure the refuse receptacle is emptied when full. (2) The owner or occupier of a building site or development site shall ensure that within 2 days of completion of works on the site, the site and the street verge immediately adjacent to it, are cleared of all refuse and all refuse receptacles are removed from the site. 3.3 Unauthorised storage of materials (1) All construction materials must be located on the building site or development site under construction, unless written approval has been given by the local government to store materials on another property (including a road reserve). (2) An application for approval under subclause (1) must be— (a) in writing; and (b) accompanied by the written approval of the landowner of the land on which materials are proposed to be stored. Division 2—Prevention of dust and liquid waste 3.4 Prohibited activities (1) An owner or occupier of land must take all reasonable measures to— (a) stabilise dust on the land; (b) contain all liquid waste on the land; and (c) ensure no dust or liquid waste is released or escapes from the land, whether by means of wind, water or any other cause. (2) Subclause (1)(c) does not apply to land where the primary activity is broadacre farming. (3) Where the local government forms the opinion that— (a) an owner or occupier has not complied with subclause (1)(a) or subclause (1)(b); or (b) the dust or liquid waste has been released or escaped from the owner’s or occupier’s land, the local government may serve on the owner and or occupier of the land, a notice requiring the owner and or occupier to do one or more of the following— (i) comply with subclause (1)(a) or (1)(b); (ii) clean up and properly dispose of any released or escaped dust or liquid waste; (iii) clean up and make good any damage resulting from the released or escaped dust or liquid waste; and (iv) take effective measures to stop any further release or escape of dust or liquid waste; (c) The requirements set out in a notice issued under this subclause must be complied with— (i) within 48 hours of service of the notice where no other time is specified; (ii) within such other period as is specified in the notice; or (iii) immediately, if the notice so specifies. (4) Where the local government forms the opinion that dust or liquid waste has escaped or has been released from an activity undertaken on land or as a consequence of the use of equipment on land, the local government may serve a notice on— (a) any owner or occupier of the land; or (b) any operator of equipment on the land, requiring that the activity or use of equipment on the land be ceased immediately, for such period as is specified in the notice. (5) Where the local government is of the opinion that dust or liquid waste may be released or escape from any land as a result of an activity which is likely to be carried out on that land, the local government may give to the owner and/or occupier a notice providing that the activity may only be carried out subject to conditions specified in the notice. 3.5 Dust management An owner or occupier of land within the townsite who intends to undertake any work involving the clearing of land, from which any sand or dust is likely to be released whether by means of wind, water or any other cause, shall— (a) submit to an authorised person a Dust Management Plan in accordance with the Department of Environment Regulation document “A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities” (March 2011), or any updated version of this document; and (b) obtain written approval of the Dust Management Plan from an authorised person before commencement of any work.