3944GOVERNMENT GAZETTE, WA 5 November 2019

3944 GOVERNMENT GAZETTE, WA 5 November 2019 PART 2—SITE EROSION AND DUST 2.1 Prevention of erosion and the escape of sand and dust An owner or occupier of land must take reasonable measures to— (a) stabilise sand on the land; and (b) ensure no sand or dust is released from or escapes from the land, whether by means of wind, water or any other cause. 2.2 Notice may require specified action to prevent (1) Where the local government or an authorised person is satisfied that— (a) an owner or occupier of land has not complied with clause 2.1; or (b) sand or dust is escaping, being released or being carried, or is likely to escape, be released or be carried, from any land, the local government or an authorised person may, by notice in writing, direct the owner or occupier, within a time specified in the notice— (c) to comply with clause 2.1; (d) clean up and make good any damage resulting from the release or escape of dust or sand from the land; or (e) take such other actions or comply with such other conditions as the local government or authorised person considers necessary to prevent or stop the escape, release or carriage of sand or dust from the land, as stipulated in the notice. (2) An owner or occupier of land to whom a notice is issued under subclause (1) must comply with the requirements of the notice within the time specified in the notice. PART 3—OBJECTIONS AND REVIEW 3.1 Objections and review If the local government or an authorised person gives a person notice under clause 2.2(1), Division 1 of Part 9 of the Act and regulation 33 of the Regulations are to apply. PART 4—OFFENCES AND PENALTIES 4.1 Offences (1) Any person who— (a) fails to comply with a notice under clause 2.2(2); (b) fails to do anything required or directed to be done under this local law; or (c) does anything which under this local law that person is prohibited from doing, commits an offence. (2) Any 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. 4.2 Prescribed offences (1) An offence against a clause specified in the Schedule is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The modified penalty for a prescribed offence is the amount specified adjacent to the clause in Schedule 1. 4.3 Form of notices (1) The form of the infringement notice give under section 9.16 of the Act is Form 2 in Schedule 1 of the Regulations. (2) The form of the infringement withdrawal notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Regulations. ———— SCHEDULE—MODIFIED PENALTIES Clause 4.2 Offences in respect of which modified penalties apply Clause Description Modified Penalty 4.1(1)(a) Failure to comply with a notice $200 4.1(1)(b) Failure to comply with a direction given $200 4.1(1)(c) Prohibited action under local law $200 ————