3942GOVERNMENT GAZETTE, WA 5 November 2019

3942 GOVERNMENT GAZETTE, WA 5 November 2019 PART 19—ENFORCEMENT 19.1 Penalty for breach A person who breaches a provision of this local law commits an offence. Penalty: $1,000.00 and where the offence is of a continuing nature, a daily penalty of $100.00. 19.2 Who can prosecute Who can prosecute is dealt with in the Act. ————

5 November 2019 GOVERNMENT GAZETTE, WA 3943 SITE EROSION AND SAND DRIFT PREVENTION LOCAL LAW 2019 Under the powers conferred by the Local Government Act 1995 and by all other powers enabling it, the Council of the Shire of Dandaragan resolved on 22 August 2019 to make the following local law. 1.1 Title This is the Shire of Dandaragan Site Erosion and Sand Drift Prevention Local Law 2019. The Shire of Dandaragan Sand Drift Prevention and Abatement Local Law 2009 as published in the Government Gazette on 18 December 2009 is repealed. 1.4 Application 1.5 Terms used In this local law, unless the context otherwise requires— authorised person means a person appointed by the local government under section 9.10 of the Act to perform any of the functions of an authorised person under this local law; CEO means the Chief Executive Officer of the local government; dust and sand means granules or particles of rock, earth, clay, loam, silt and any other granular, or airborne particle or like material, and includes gravel; land includes any building or structures on the land; occupier means any person who, at the time a notice is served, is in control of any place or part of any place or authorised by the owner, lessee, licensee or any other person empowered to exercise control in relation to a place to perform any work in relation to any place and includes a builder or contractor; Regulations means the Local Government (Functions and General) Regulations 1996; and Schedule means a schedule to this local law. 1.6 Interpretation (1) A term used in this local law that is not defined in clause 1.5 is to have the meaning given to it in the Act. (2) Where, under this local law a duty, obligation or liability is imposed on an ‘owner or occupier’, the duty is taken to be imposed jointly and severally on each owner and occupier. (3) Where under this local law an act is required to be done or forbidden to be done in relation to any land, an owner or occupier of the land has the duty of causing to be done the act so required to be done, or preventing from being done the act forbidden to be done. (4) Where this local law refers to the giving of a notice, other than the giving of an infringement notice, no particular form is prescribed and it is sufficient if the notice is in writing giving sufficient details to enable the owner or occupier to know the offence (if any) committed and the measures required to be taken or conditions to be complied with, as the case may be.