842GOVERNMENT GAZETTE, WA 24 January 2017

842 GOVERNMENT GAZETTE, WA 24 January 2017 Division 7—Rubbish and Refuse from Building and Construction Sites 3.19 Responsibilities of the builder, owner or occupier (1) From the time of commencement of— (a) construction work on a building site until the time of completion of such work, the builder; or (b) work likely to generate refuse on a development site until the time of completion of such work, the owner or occupier; (i) ensure all refuse arising on the building or development site is contained in and prevented from being blown from the site by wind. (ii) keep the building or development site as free as is practicable of any refuse; (iii) keep the street verge immediately adjacent to the building or development site free of refuse arising from the building site; and (iv) ensure any refuse receptacle is emptied when full. (2) In the case of— (a) a building site, the builder; or (b) a development site, the owner or occupier must ensure that, within three days of completion of construction or development works, as the case may be, the site and the street verge immediately adjacent to it is cleared of all refuse and all refuse receptacles are removed from the building or development site. 3.20 Provision of Refuse Receptacles or a Refuse Management Plan for a building site Before commencement of— (a) any construction work on a building site, the builder; or (b) any work likely to generate refuse on a construction site, the owner or occupier, must provide and make available for use on the site— (i) a refuse receptacle of a capacity not less than 4 cubic metres; or (ii) a Refuse Management Plan approved by the local government. PART 4—MISCELLANEOUS 4.1 Notices (1) Where a breach of any provision of this local law has occurred in relation to private property, the local government may give a notice in writing to the owner or occupier of that land or lot. (2) The notice must— (a) specify the provision of this local law which has been breached; (b) specify the particulars of the breach; and (c) state that the owner or occupier of the lot is required to remedy the breach within the time (3) Should an owner or occupier of a lot fail to comply with a notice, the local government may by its employees, agents or contractors enter upon the land or lot to which the notice relates and remedy the breach, and may recover the expenses of so doing from the owner or occupier of the land or lot in a court of competent jurisdiction. (4) Any action taken in subclause (3) shall be in accordance with Part 3, Division 3, Subdivision 2 of the Act. (5) A person who fails to comply with a notice issued pursuant to this local law commits an offence. Division 2—Objection and Reviews 4.2 Right of Appeal and Review (a) grant a person a permit or licence under this local law; (b) renew, vary, or cancel a permit or licence, that a person has under this local law, or the provisions of Division 1 of Part 9 of the Act and regulations 33 and 34 of the Local Government (Functions and General) Regulations 1996 apply to that decision. PART 5—ENFORCEMENT 5.1 Offences and penalties (1) A person who fails to comply with a notice of breach commits an offence and is liable upon conviction to a penalty of not less than $500 and not exceeding $5,000 and, if the offence is a continuing offence, a maximum daily penalty of $500.