856GOVERNMENT GAZETTE, WA 24 January 2017

856 GOVERNMENT GAZETTE, WA 24 January 2017 (2) The provisions of— (a) this Part; and (b) any other provision of this local law relevant to the permit which is to be renewed, must apply to an application for the renewal of a permit with all the necessary changes as required. 3.8 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 (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— (a) an endorsement on the permit signed by an Authorised Person; or (b) issuing to the transferee a permit in the form determined by the local government. (4) Where the local government approves an application for the transfer of a permit, it is not required to refund any part of any fee paid by the former permit holder. 3.9 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. 3.10 Cancellation of permit (1) Subject to clause 5.6 a permit may be cancelled by the local government on any one or more of the following grounds— (a) the permit holder has not complied with a— (i) condition of the permit; or (ii) provision of any written law which may relate to the activity regulated by the permit; (b) the permit holder is convicted of an offence against this local law; (c) the permit holder fails to maintain the required public liability insurance cover indemnifying the local government against damages; or (d) if it is relevant to the activity regulated by the permit— (i) the permit holder has become bankrupt, or gone into liquidation; (ii) the permit holder has entered into any composition or arrangement with creditors; or (iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager is appointed in relation to any part of the permit holder’s undertakings or property. (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. 3.11 Suspension of Permit Holder Rights and Privileges (1) The rights and privileges granted to a permit holder on the issue of a permit, must be automatically suspended, where the public liability insurance required as a condition of a permit, lapses, is cancelled or is no longer current. (2) The rights and privileges granted to a permit holder on the issue of a permit, may be suspended by the local government, for the purpose and duration of any works, proposed or done in or adjacent to the area subject of the permit, by or on behalf of a Government department, instrumentality of the Crown or the local government. 3.12 Planning Approval The requirement for a permit under this local law, is additional to the requirement if any, for a planning approval. PART 4—SECURE SUM 4.1 Security for Restoration and Reinstatement (1) For the purpose of ensuring that an outdoor eating facility or street market area is properly restored or reinstated, on the expiry of a permit, the local government may require that the applicant or permit holder— (a) as a condition of a permit; or (b) before the issue of a permit; or (c) before the renewal of a permit;