Private Property Local Law 2016
774GOVERNMENT GAZETTE, WA 24 January 2017
Start here
Get a plain-English read of 774
Turn the raw legal text into a practical explanation grounded in Private Property Local Law 2016.
774 GOVERNMENT GAZETTE, WA 24 January 2017 8.4 False or Misleading Statement A person must not make a false or misleading statement in connection with any application, requirement or demand under this local law. 8.5 Offence to fail to comply with notice Whenever the local government gives a notice under this local law requiring a person to do anything, if a person fails to comply with the notice, that person commits an offence. 8.6 Local government may undertake requirements of notice Where a person fails to comply with a notice referred to in clause 8.5, the local government may do the thing specified in the notice and recover from the person to whom the notice was given, as a debt, the costs incurred in so doing. 8.7 Appeal and review rights (a) grant a person a permit, licence or certificate of registration under this local law; or (b) renew, vary, or cancel a licence or certificate of registration that a person has under this local law, the provisions of Division 1 of Part 9 of the Act and regulations 33 of the Local Government (Functions and General) Regulations 1996 apply to that decision; or the provisions of Division 1 of Part 9 of the Act and regulations 33 of the Local Government (Functions and General ) Regulations 1996 apply to that decision. PART 9—ENFORCEMENT 9.1 Offences and Penalties (1) Any 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. (2) Any person who commits an offence under Part 2 of this local law must be liable, upon conviction, to a penalty not exceeding— (a) $1,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $100 for each day or part of a day during which the offence has continued; or (b) $2,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $200 for each day or part of a day during which the offence has continued in relation to a dangerous dog. (3) Any person who commits an offence under Parts 3, 4, 5, 6, 7, 8 or 9 of this local law must be liable, upon 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 a day during which the offence has continued. 9.2 Modified Penalties and Offence Description (1) An offence against any provision of this local law 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— (a) in relation to Part 2, is the amount specified in— (i) the third column of Schedule 1 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is a dangerous dog; (ii) the fourth column of Schedule 1 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is not a dangerous dog; and (b) in relation to Parts 3, 4, 5, 6, 7, 8 and 9, is the amount specified in the fourth column of Schedule 1. offence, an Authorised Person should be satisfied that— 9.3 Form of Notices For the purposes of this local law— (a) the form of the infringement notice referred to in section 9.13 of the Act is to be in or substantially in the form of Form 1 of Schedule 1 of the Local Government (Functions and General) Regulations 1996; (b) the form of the notice referred to in section 9.17 of the Act is to be in the form of Form 2 in