Shire of Dowerin Waste Local Law 2018
4752GOVERNMENT GAZETTE, WA 12 December 2018
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4752 GOVERNMENT GAZETTE, WA 12 December 2018 (2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by reference to a policy. (3) The local government shall give a copy of the policy, or the part of the policy which is relevant to the application for a permit, with the form of permit referred to in clause 3.3(2). (4) An application for a permit shall be deemed not to have been approved subject to the conditions contained in a policy until the local government gives the permit holder a copy of the policy or the part of the policy which is relevant to the application. (5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy shall be deemed to be information within section 5.94(u)(i) of the Act. Compliance with and variation of conditions 3.6 (1) Where an application for a permit has been approved subject to conditions, the permit holder shall comply with each of those conditions. (2) The local government may vary the conditions of a permit, and the permit holder shall comply with those conditions as varied. Division 4—General Agreement for building 3.7 Where a person applies for a permit to erect a building on local government property the local government may enter into an agreement with the permit holder in respect of the ownership of the materials in the building. Duration of permit 3.8 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 permit; or (b) cancelled under clause 3.12. Renewal of permit 3.9 (1) A permit holder may apply to the local government in writing prior to expiry of a permit for the renewal of the permit. (2) The provisions of this Part shall apply to an application for the renewal of a permit as though it were an application for a permit. Transfer of permit 3.10 (1) An application for the transfer of a valid permit is to— (a) be made in writing; (b) be signed by the permit holder and the proposed transferee of 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 CEO 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. (2) The local government may approve an application for the transfer of a permit, refuse to approve it or approve it subject to any conditions. (3) Where the local government approves an application for the transfer of a permit, the transfer may be effected by an endorsement on the permit signed by the CEO. (4) Where the local government approves the transfer of a permit, it is not required to refund any part of any fee paid by the former permit holder. Production of permit 3.11 A permit holder is to produce to an authorised person her or his permit immediately upon being required to do so by that authorised person. Cancellation of permit 3.12 (1) Subject to clause 9.1, a permit may be cancelled by the local government if the permit holder has not complied with a— (a) condition of the permit; or (b) determination or a provision of any written law which may relate to the activity regulated by the permit. (2) On the cancellation of a permit the permit holder— (a) shall return the permit as soon as practicable to the CEO; and (b) is to be taken to have forfeited any fees paid in respect of the permit. Division 5—When a permit is required Activities needing a permit 3.13 (1) A person shall not without a permit— (a) subject to subclause 3, hire local government property;