Part 9PERMITS

PART 9—PERMITS Division 1—Applying for a permit 9.1 Application for permit (1) Where a person is required to obtain a permit under this local law, that person must apply for the permit in accordance with subclause (2). (2) An application for a permit under this local law must– (a) be in the form determined by the CEO; (b) be signed by the applicant; (c) provide the information required by the form; and (d) be forwarded to the CEO together with any fee imposed by the Council under sections 6.16 to 6.19 of the Act. (3) The CEO or an authorised person may require an applicant to provide additional information reasonably related to the application before determining the application. (4) The CEO or an authorised person may require an applicant to give local public notice of the application. (5) The CEO or an authorised person may refuse to consider an application which is not in accordance with subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied.

28 April 2023 GOVERNMENT GAZETTE, WA 897 9.2 Decision on application (1) The CEO or an authorised person may– (a) approve an application unconditionally or subject to any conditions; or (b) refuse to approve an application. (2) If the CEO or an authorised person approves an application, he or she is to issue to the applicant a permit in the form determined by the CEO. (3) If the CEO or an authorised person refuses to approve an application, he or she is to give written notice of that refusal to the applicant. (4) The CEO or an authorised person may, at any time, amend a condition of approval and the amended condition takes effect when written notice of it is given to the permit holder. 9.3 General restrictions on grant of permit (1) The CEO or an authorised person must not grant a permit if there are reasonable grounds for believing that the carrying on of the activity to which the application relates would constitute an unacceptable risk to the safety of the public. (2) The CEO or an authorised person must not grant a permit unless the CEO or an authorised person is satisfied that– (a) the applicant is capable of carrying on the activity in accordance with this local law and the terms and conditions of the permit; (b) the public place at which the activity is to be carried on is suitable for that purpose; (c) a permit or similar authority granted or issued to the applicant has not been cancelled in the period of 5 years before the application is made; and (d) the applicant is a fit and proper person to carry on the activity. 9.4 Amendment of permit amend includes– (a) to impose any new condition; and (b) to change or remove any existing condition. (2) The CEO or an authorised person may, by written notice given to the permit holder, amend a permit. (3) An amendment may be made on application made by the permit holder or on the CEO or authorised person's initiative. Division 2—Conditions 9.5 Examples of conditions (1) Examples of the conditions that the CEO or an authorised person may impose on a permit under clause 9.2(1)(a) or 9.4(2) are conditions relating to– (a) the payment of a fee; (b) compliance with a standard or a policy adopted by the local government; (c) the duration and commencement of the permit; (d) the commencement of the permit being contingent on the happening of an event; (e) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (f) the approval of another application for a permit which may be required by the local government under any written law; (g) the area of the district to which the permit applies; (h) where a permit is issued for an activity which will or may cause damage to local government property, the payment of a deposit or bond against such damage; and (i) the obtaining of public risk insurance in an amount and on terms reasonably required by the CEO or an authorised person. (2) Examples of the type and content of the conditions on which a permit to hire local government property may be issued include– (a) when fees and charges are to be paid; (b) payment of a bond against possible damage or cleaning expenses or both; (c) restrictions on the erection of material or external decorations; (d) rules about the use of furniture, plant and effects; (e) limitations on the number of persons who may attend any function in or on local government property; (f) the duration of the hire; (g) the right of the CEO or an authorised person to cancel a booking during the course of an annual or seasonal booking, if the CEO or an authorised person sees fit; (h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first obtained for that purpose under the Liquor Control Act; (i) whether or not the hire is for the exclusive use of the local government property;