822GOVERNMENT GAZETTE, WA 24 January 2017

822 GOVERNMENT GAZETTE, WA 24 January 2017 9.5 Enforcement The local government may give notice in writing requiring the adjacent owner or occupier of any land to make good, or to remove all or any part of a verge treatment that does not comply with the local government’s Permissible Verge Treatment specifications, within the time period specified in the notice. 9.6 Power to carry out public works on a verge (1) Where the local government or an authority empowered to do so under a written law disturbs, digs up or carries out any works in a verge which has a permissible verge treatment, then the local government or the authority must use its best endeavours to— (a) replace and restore any reticulation, pipes or sprinklers; and (b) back fill with sand any garden or lawn, but otherwise is not be liable to replace or restore any— (i) verge treatment and, in particular, any plant, or any other acceptable material or other hard surface; or (ii) sprinklers, pipes or other reticulation. Division 3—Existing verge treatments 9.7 Transitional provision former provisions means the local law of the local government which permitted certain types of verge treatments, whether with or without the consent of the local government, and which was repealed by this local law. (2) A verge treatment which— (a) was installed prior to the commencement day; and (b) on the commencement day is a type of verge treatment which was permitted under and complied with the former provisions, is to be taken to be a permissible verge treatment for so long as the verge treatment remains of the same type and continues to comply with the former provisions. Division 4—Vehicle Crossings 9.8 Vehicle crossing treatment The owner or occupier of land adjacent to a thoroughfare may only install or have installed a vehicle crossing in front of such land which is a permissible vehicle crossing treatment. 9.9 Vehicle crossings The owner or occupier of land adjacent to a thoroughfare may install a vehicle crossing in accordance with the local government’s vehicle crossing specifications, as varied from time to time. 9.10 Contribution towards construction of a vehicle crossing For the purpose of determining the local government’s contribution towards the construction of a vehicle crossing as stipulated in Local Government (Uniform Local Provisions) Regulations 1996, the minimum requirements for a vehicle crossing for a residential area must be used to determine the contribution for construction of a vehicle crossing. 9.11 Temporary vehicle crossings (1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the lot, the person responsible for the works must obtain a permit for the construction of a temporary crossing to protect the existing carriageway, kerb, drains and footpath, where— (a) a crossing does not exist; or (b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely to cause damage to the crossing. (2) The person responsible for the works in subclause (1) is to be taken to be— (a) the builder named on the building permit issued under the Building Act 2011 or Local Government (Miscellaneous Provisions) Act 1960, if one has been issued in relation to the works; or (b) the registered proprietor of the lot, if no building permit has been issued under the Building Act 2011,or Local Government (Miscellaneous Provisions) Act 1960 in relation to the works. (3) If the local government approves an application for a permit for the purpose of subclause (1), the permit is taken to be issued on the condition that until such time as the temporary crossing is removed, the permit holder must keep the temporary crossing in good repair and in such a condition so as not to create any danger or obstruction to persons using the thoroughfare. 9.12 Removal of redundant vehicle crossings (1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be removed and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the removal are to be reinstated to the satisfaction of the local government.