5126GOVERNMENT GAZETTE, WA 3 November 2022

5126 GOVERNMENT GAZETTE, WA 3 November 2022 PART 4—TRANSFER, CANCELLATION AND RENEWAL OF LICENCE 4.1 Transfer of licence (1) An application for the transfer of a licence shall— (a) be made in writing; (b) be signed by the licensee and the proposed transferee of the licence; (c) be accompanied by the current licence; (d) be accompanied by the consent in writing to the transfer from the owner of the excavation site; (e) include any information that the local government may reasonably require; and (f) be forwarded to the CEO together with the fee determined by the local government from time to time. (2) Upon receipt of any application for the transfer of a licence, the local government may— (b) approve the application on such terms and conditions, if any, as it sees fit. (3) Where the local government approves an application for the transfer of a licence, the local government shall transfer the licence by an endorsement on the licence in the form determined by the local government in accordance with sections 6.16 to 6.19 of the Act, signed by the CEO. (4) Where the local government approves the transfer of a licence it shall not be required to refund any part of the fees paid by the former licensee in respect of the transferred licence. 4.2 Cancellation of licence (1) The local government may cancel a licence where the licensee has— (a) been convicted of an offence against— (i) this local law; or (ii) any other law relating to carrying on an extractive industry; (b) transferred or assigned or attempted to transfer or assign the licence without the consent of (c) permitted another person to carry on an extractive industry otherwise than in accordance with the terms and conditions of the licence and of the provisions of this local law; (d) failed to pay the annual licence fee under clause 3.2; or (e) failed to have a current public liability insurance policy under clause 7.1 (1) or failed to provide a copy of the policy or evidence of its renewal as the case may be, under clause 7.1 (2). (2) Where the local government cancels a licence under this clause— (a) the local government shall advise the licensee in writing of the cancellation; (b) the cancellation takes effect on and from the day on which the licensee is served with the cancellation advice; and (c) the local government shall not be required to refund any part of the fees paid by the licensee in respect of the cancelled licence. 4.3 Renewal of licence (1) A licensee who wishes to renew a licence must apply in writing to the local government at least 45 days before the date of expiry of the licence and shall submit with the application for renewal— (a) the fee determined by the local government from time to time; (b) a copy of the current licence; (c) a plan showing the contours of the excavation carried out to the date of that application; (d) details of the works, excavation and rehabilitation stages reached and of any changes or proposed changes with respect to any of the things referred to in clauses 2.3 (1) (b) and (c); and (e) any other things referred to in clauses 2.3 and 3.1. (2) The local government may waive any of the requirements specified in clause 4.3 (1) (d) or (e). (3) If— (a) an application to renew a licence is in relation to land in respect of which the current licence was issued less than 12 months prior to the date from which the new licence if granted would apply; and (b) the methods to be employed in the proposed land excavation are identical to those being employed at the date of the application, then the applicant shall not be obliged, unless otherwise required by the local government to submit details of any of the things referred to in clauses 2.3 and 3.1. (4) Upon receipt of an application for the renewal of a licence, the local government may— (b) approve the application on such terms and conditions, if any, as it sees fit. 4.4 Notice of outcome The local government will provide written notice to an applicant whenever it makes a decision regarding the issue, renewal, transfer or cancellation of a licence.