858GOVERNMENT GAZETTE, WA 24 January 2017

858 GOVERNMENT GAZETTE, WA 24 January 2017 Division 2—Insurance 5.5 Public Liability Insurance and Indemnity (1) Where, as a condition of a permit, the applicant, permit holder or the property owner is required to provide a public liability insurance policy, indemnifying the local government against all actions, suits, claims, damages, losses and expenses made against or incurred by the local government arising from any activity, action or thing performed or erected in accordance with the permit and keep that insurance policy current for the duration of the permit or at all times, the permit or approval holder or the property owner must— (a) enter into an agreement with the local government to provide and maintain the required public liability insurance protection; (b) take out a public liability insurance policy in the name of the permit holder for a minimum value of 10 million dollars or such other amount as the local government considers appropriate to the risk and liability involved; (c) include a clause in the policy which prevents the policy from being cancelled without the written consent of the local government; (d) include a clause in the policy which requires the insurance company to advise the local government if the policy lapses, is cancelled or is no longer in operation; (e) on the request of an Authorised Person, provide for inspection, a certificate of currency for the required insurance policy. (2) A permit holder or a property owner who refuses or cannot provide a current certificate of insurance 14 days prior to the commencement of any activity, action or thing performed or erected in accordance with the permit, as requested in accordance with subclause (1) commits an offence. Division 3—Right of Appeal and Review 5.6 Right of Appeal and Review (a) grant a person a licence under this local law; or (b) renew, vary, or cancel a licence that a person has under this local law, 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 6—GENERAL 6.1 Persons may be directed to leave local government property An Authorised Person may direct a person to leave local government property or a local government building where the Authorised Person reasonably suspects that the person has contravened a provision of any written law. 6.2 Disposal of lost property (1) An article left on any local government property, and not claimed within a period of 3 months, may be disposed of by the local government in any manner it thinks fit. (2) Neither the local government nor any local government employee or any Authorised Person must in any way be responsible for any articles or money lost, stolen, damaged or destroyed whilst on or in any local government property or building. 6.3 Impounding of goods and recovery of expenses The local government may— (a) impound goods in accordance with regulation 29 of the Local Government (Functions and General) Regulations 1996, and (b) withhold impounded or confiscated goods until costs are paid, dispose of impounded, confiscated or uncollected goods and recover impounding fees, in accordance with sections 3.46, 3.47 and 3.48 of the Act. 6.4 Liability for damage to local government property (1) Where a person unlawfully damages local government property, the local government may by notice in writing to that person require that person within the time required in the notice to, at the option of the local government, pay the costs of— (a) reinstating the property to the state it was in prior to the occurrence of the damage; or (b) replacing that property. (2) Unless there is proof to the contrary, a person is to be taken to have damaged local government property within subclause (1) where— (a) a vehicle caused the damage, the person was the person responsible, at the time the damage occurred, for the control of the vehicle; or