Public Places and Local Government Property Local Law 2023
898GOVERNMENT GAZETTE, WA 28 April 2023
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898 GOVERNMENT GAZETTE, WA 28 April 2023 (j) the obtaining of a policy of insurance in the names of both the local government and the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer; and (k) the provision of an indemnity from the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer. 9.6 Imposing conditions under a policy policy means a local government policy adopted by the Council under section 2.7 of the Act containing conditions subject to which an application for a permit may be approved under clause 9.2. (2) Under clause 9.2(1)(a) the CEO or an authorised person may approve an application subject to conditions by reference to a policy. (3) The CEO or an authorised person must give to the permit holder a copy of the policy or, at the discretion of the CEO or the authorised person, the part of the policy which is relevant to the application for a permit, with the form of permit referred to in clause 9.2(2). (4) An application for a permit is not to be taken to have been approved subject to the conditions contained in a policy until the CEO or an authorised person gives the permit holder a copy of the policy or the part of the policy which is relevant to the application. (5) Sections 5.94 and 5.95 of the Act apply to a policy and, for that purpose, a policy is deemed to be information within section 5.94(u)(i) of the Act. 9.7 Compliance with conditions Where an application for a permit has been approved subject to conditions, the permit holder must comply with each of those conditions, as amended. Division 3—Duration of permits 9.8 Duration of permit A permit is valid for one year from the date on which it is issued, unless it is– (a) otherwise stated in this local law or in the permit; or (b) suspended or cancelled under this Division. 9.9 Renewal of permit (1) A permit holder may apply to the CEO for the renewal of a permit. (2) An application for renewal must– (a) be in the form determined by the CEO; (b) be signed by the permit holder; (c) provide the information required by the form; (d) be forwarded to the CEO no later than 28 days before the expiry of the permit, or within a shorter period that the CEO in a particular case permits; and (e) be accompanied by any fee imposed by the Council under section 6.16 to 6.19 of the Act. (3) The provisions of this Part that apply to an application for a permit also apply to an application for the renewal of a permit as though it were an application for a permit. 9.10 Transfer of permit (1) An application for the transfer of a valid permit is– (a) to be made in writing; (b) to be signed by the permit holder and the proposed transferee of the permit; (c) to include such information as the CEO or an authorised person may require to enable the application to be determined; and (d) to be forwarded to the CEO together with any fee imposed by the Council under sections 6.16 to 6.19 of the Act. (2) The CEO or an authorised person may approve an application for the transfer of a permit, refuse to approve it or approve it subject to any conditions. (3) Where the CEO or an authorised person approves an application for the transfer of a permit, the transfer may be effected by an endorsement on the permit signed by the CEO or the authorised person. (4) Where the CEO or an authorised person approves the transfer of a permit, the local government is not required to refund any part of any fee paid by the former permit holder. 9.11 Suspension of permit (1) The CEO may, subject to clause 9.12, by written notice given to the permit holder, suspend a permit if there are reasonable grounds for believing that– (a) the permit holder has contravened a term or condition of a permit; (b) the permit holder has contravened a provision of this local law; or (c) the continued carrying on of the activity authorised by the permit constitutes or will constitute an unacceptable risk to the safety of the public.