204GOVERNMENT GAZETTE, WA 14 January 2021

204 GOVERNMENT GAZETTE, WA 14 January 2021 (ii) proposed time and location of the activity; and (iii) name of the person responsible for carrying out the activity and how and where that person may be contacted. 6.12 Notice of dust or liquid waste release (1) Where the local government or an authorised person forms the opinion that— (a) a person has not complied with subclause 6.11(a) or 6.11(b); or (b) dust or liquid waste has been released or escaped from the land or into a stormwater drain or stormwater soakwell, the local government or an authorised person may give written notice requiring the owner, occupier or a person responsible for the release of the dust or liquid waste to— (i) comply with subclause 6.11(a) or 6.11(b); or (ii) clean up and properly dispose of any released or escaped dust or liquid waste; or (iii) clean up and make good any damage resulting from the released or escaped dust or liquid waste; or (iv) take effective measures to stop any further release or escape of dust or liquid waste. (2) The requirements set out in a notice issued under subclause (1) must be complied with— (a) within 48 hours of service of the notice where no other time is specified; or (b) within such other period as is specified in the notice; or (c) immediately, if the notice so specifies. 6.13 Notice to cease work (1) Where the local government or an authorised person forms the opinion that dust or liquid waste has escaped or been released by reason of an activity undertaken on land or as a consequence of the use of equipment on land, the local government or authorised person may direct, either orally or in writing, notice to the owner, occupier or person responsible for the release of the dust or liquid waste, requiring that the activity or use of the equipment on the land be ceased immediately. (2) A notice under subclause (1) may be given to any or all owners, occupiers or persons responsible for the release of the dust or liquid waste. 6.14 Notice of potential dust or liquid waste release Where the local government or an authorised person is of the opinion that dust or liquid waste may be released or escape as a result of an activity which is likely to be carried on upon any land, the local government or an authorised person may give written notice to the owner, occupier or person responsible for the potential release of dust or liquid waste requiring that the activity only be carried on subject to conditions specified in the notice. 6.15 Revocation of notice (1) Where a notice is given to the owner, occupier or person responsible for the release of the dust or liquid waste and the owner, occupier or person responsible for the release of the dust or liquid waste satisfies the local government or an authorised person within 48 hours, or by such other period as is specified in the notice from the date of giving of the notice that— (a) they were not responsible for the conduct in respect of which the notice was given pursuant to clause 6.12, or the activity in respect of which a notice was given pursuant to clause 6.13, as the case may be; and (b) they took all reasonable precautions to prevent the conduct or activity, as the case may be; and (c) where another person was responsible for the conduct or activity, they identify the person responsible for the conduct or activity sufficiently to enable the notice to be issued to that person, the local government or an authorised person may revoke the notice. (2) Clause 6.15(1) shall not apply where a notice is issued to which subclause 6.12(2)(c) applies. 7.1 Terms used acceptable hard surface material means any material which will create a hard surface, and which is approved by the local government; garden means any part of the verge planted, developed or treated, otherwise than as a lawn, with 1 or more plants but does not include the planting of a tree; lawn means any part of a verge or street which is planted only with grass, or a similar plant; permissible verge treatment means a treatment described in clause 7.5, and includes reticulation pipes and sprinklers installed for the purpose of the treatment; verge tree means a woody perennial plant generally having a single stem or trunk which will grow to a height of approximately 4 metres or higher and is located on a verge.