Private Property Amendment Local Law 2017
160GOVERNMENT GAZETTE, WA 12 January 2018
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160 GOVERNMENT GAZETTE, WA 12 January 2018 3.5 Imposing conditions under a policy policy means a policy of the local government adopted by the Council containing conditions subject to which an application for a permit may be approved under clause 3.3(1)(a). (2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by reference to a policy. (3) The local government must give a copy of the policy, or the part of the policy which is relevant to the application for a permit, with the form of permit referred to in clause 3.3(2). (4) An application for a permit must be deemed not to have been approved subject to the conditions contained in a policy until the local government gives the permit holder a copy of the policy or the part of the policy which is relevant to the application. (5) Sections 5.94 and 5.95 of the Act must apply to a policy and for that purpose a policy must be deemed to be information within section 5.94(u)(i) of the Act. 3.6 Compliance with and variation of conditions (1) Where an application for a permit has been approved subject to conditions, the permit holder must comply with each of those conditions. (2) The local government may vary the conditions of a permit, and the permit holder must comply with those conditions as varied. Division 4—General 3.7 Duration of permit A permit is valid for one year from the date on which it is issued, unless it is— (a) otherwise stated in this local law or in the permit; or (b) cancelled under clause 3.11. 3.8 Renewal of permit (1) A permit holder may apply to the local government in writing prior to expiry of a permit for the renewal of the permit. (2) The provisions of this Part must apply to an application for the renewal of a permit with all necessary changes as required. 3.9 Transfer of permit (1) An application for the transfer of a valid permit is to— (a) be made in writing; (b) be signed by the permit holder and the proposed transferee of the permit; (c) provide such information as the local government may require to enable the application to be determined; 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. (2) The local government may approve an application for the transfer of a permit, refuse to approve it or approve it subject to any conditions. (3) Where the local government approves an application for the transfer of a permit, the transfer may be effected by an endorsement on the permit signed by an Authorised Person. (4) Where the local government approves the transfer of a permit, it is not required to refund any part of any fee paid by the former permit holder. 3.10 Production of permit A permit holder is to produce to an Authorised Person their permit immediately upon being required to do so by that Authorised Person. 3.11 Cancellation of permit (1) Subject to clause 11.6, a permit may be cancelled by the local government if the permit holder has not complied with a— (a) condition of the permit; or (b) determination or a provision of any written law which may relate to the activity regulated by the permit. (2) On the cancellation of a permit the permit holder— (a) must return the permit as soon as practicable to the local government; and (b) is to be taken to have forfeited any fees paid in respect of the permit. Division 5—When a permit is required 3.12 Activities needing a permit (1) A person must not without a permit— (a) subject to subclause 3, hire local government property or building;