1536GOVERNMENT GAZETTE, WA 6 June 2023

1536 GOVERNMENT GAZETTE, WA 6 June 2023 12.5 Compliance with and variations to terms and conditions (1) A permit holder must comply with any terms and conditions imposed on a permit, including any conditions as varied. (2) A permit holder may apply to the local government to vary or remove any conditions imposed on a permit. (3) In determining whether to vary any condition imposed on a permit, the local government must have regard to any relevant local government policy. Division 3—General 12.6 Duration of permit (1) 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 terms and conditions of the permit; or (b) cancelled under clause 12.10. 12.7 Renewal of permit (1) A permit holder may apply to the local government in writing prior to expiry of a permit for the renewal of a permit. (2) The provisions of this Part 12 regarding an application for a permit apply to an application for the renewal of a permit with any necessary modifications. 12.8 Transfer of permit (1) An application may be made to the local government to transfer a valid permit. (2) An application to transfer a permit must— (a) be made in writing; (b) be signed by the permit holder and the proposed transferee for the permit; (c) provide such information as the local government may require to enable the application to be determined; and (d) be forwarded to the local government together with any fee imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act. (3) The local government may— (a) approve an application for the transfer of a permit; (b) approve an application for the transfer of a permit subject to conditions; or (c) refuse an application to transfer a permit. (4) 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 the Chief Executive Officer or an authorised person; or (b) issuing to the transferee a permit in the form determined by the local government. (5) 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. 12.9 Production of permit A permit holder must produce to an authorised person his or her permit immediately on being directed to do so by that authorised person. 12.10 Cancellation or suspension of permit (1) Subject to clause 13.1, a permit may be cancelled by the local government if— (a) the permit holder has not complied with a condition of the permit; (b) the permit holder has not complied with a provision of any written law which relates to the activity regulated by the permit; or (c) the permit holder has transferred or assigned or sought to transfer or assign the permit without the approval of the local government; or (d) a law is amended or repealed in a manner which is inconsistent with the terms and conditions of the permit and which renders the permit invalid, ineffective or contrary to law. (2) If a permit is cancelled under clause 12.10(1), the permit holder— (a) must return the permit to the local government as soon as practicable; and (b) is to be taken to have forfeited any fees paid in respect of the permit. (3) The local government may cancel or suspend a permit if the local government or a utility requires access to or near the place to which a permit applies for the purposes of carrying out works in or near the vicinity of that place. (4) On the cancellation or suspension of a permit under clause 12.10(3), the permit holder is, subject to clause 12.10(5), to be taken to have forfeited any fees paid in respect of the permit. (5) Where a permit is cancelled or suspended under clause 12.10(3) through no fault of the permit holder, the local government may refund to the permit holder all or part of the fees paid in respect of what would otherwise have been the remaining term of the permit.