900GOVERNMENT GAZETTE, WA 28 April 2023

900 GOVERNMENT GAZETTE, WA 28 April 2023 9.20 Return of permit document if permit no longer in effect If a permit– (a) has expired or has not been renewed; (b) has been suspended or cancelled; or (c) has been surrendered, the person who was the permit holder must, as soon as practicable after the expiry, suspension, cancellation or surrender, return the permit document to the CEO. 9.21 Advertising A person must not advertise, or otherwise hold out in any way, that the person conducts a commercial activity in any public place unless that person holds a permit authorising that commercial activity. 9.22 False or misleading statement A person must not make a false or misleading statement in connection with an application in respect of a permit under this local law. PART 10—OBJECTIONS AND REVIEW 10.1 Objection and review rights Division 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal, transfer, amendment, suspension or cancellation of a permit. PART 11—ENFORCEMENT Division 1—Notices 11.1 Definition In this Division– costs of the local government include its administrative costs. 11.2 Damage to local government property If a person unlawfully removes, damages or interferes with local government property or portion of a street, the CEO or an authorised person may give the person a notice requiring that person, within the time specified in the notice, to do any one or more of the following (at the local government's option)– (a) reinstate the property to the state it was in before the removal, damage or interference; (b) replace that property; or (c) pay for the costs of reinstatement or replacement. 11.3 Breach of a permit If a permit holder breaches a condition of the permit, or fails to comply with a direction under this local law, the CEO or an authorised person may give the person a notice. 11.4 Notice requirements A notice under this Division must– (a) be in writing; (b) specify the reason for giving the notice, the work or action that is required to be undertaken and the time within which it is to be undertaken; and (c) be given to the person referred to in clause 11.2 or 11.3, as the case may be. 11.5 Local government may undertake requirements of notice (1) If a person fails to comply with a notice referred to in clause 11.2, the local government may– (a) do the thing specified in the notice, including replace the property, or reinstate the property to the state it was in before the removal, damage or interference; and (b) recover from the person, as a debt, the costs of doing so. (2) If a person fails to comply with a notice referred to in clause 11.3, the local government may– (a) take whatever remedial action it considers appropriate to put the local government in the position it would have been in if the breach or failure had not occurred; and (b) recover from the person, as a debt, the costs of doing so. 11.6 Offence to fail to comply with notice A person who fails to comply with a notice given to him or her under this local law commits an offence. Division 2—Offences and penalties 11.7 Offences and general penalty (1) A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) A person who commits an offence under this local law is liable, on conviction, to a penalty not less than $500 and not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued.