5152GOVERNMENT GAZETTE, WA 3 November 2022

5152 GOVERNMENT GAZETTE, WA 3 November 2022 (d) a haze alert has not been issued by the Bureau of Meteorology for the period during which burning is to take place; and (e) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice issued by the local government under that Act and any conditions of approval as determined (3) Subclause (2) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel. (4) Subclause (2) is subject to any fire danger rating as determined by the Bureau of Meteorology. 5.3 Public vehicles to be kept clean The owner or person in control of a public vehicle shall take reasonable measures to maintain the vehicle at all times— (a) in a clean condition; (b) free from vectors of disease; and (c) whenever directed to do so by an Authorised Officer, thoroughly clean and disinfect the vehicle. 5.4 Prohibition against spitting A person shall not spit on a footpath, street or within or on, any public place, building or facility accessible to the public which is within the local government’s jurisdiction. 5.5 Dust management (1) If an owner or occupier of land intends to undertake any work involving the clearing of land, from which any sand or dust is likely to be released whether by means of wind, water or any other cause, the owner or occupier shall— (a) submit to an authorised officer a Dust Management Plan in accordance with “A guideline for managing the impacts of dust and associated contaminants from land development sites, remediation and other related activities (2011)” as produced by the Department of Water and Environmental Regulation, and amended from time to time; and (b) obtain written approval of the Dust Management Plan from an authorised officer before commencement of any work. (2) An owner and or occupier of land must take effective measures to— (a) stabilise dust on the land; (b) contain all liquid waste on the land; (c) ensure no dust or liquid waste is released or escapes from the land whether by means of wind, water or any other cause; and (d) notify the owners or occupiers of adjoining land in writing 48 hours prior to the commencement of any activity that has the potential to cause the release or escape from the land of dust or liquid waste giving details of; (i) the nature of the activity; (ii) the proposed commencement time, frequency, duration time and location of the activity; and (iii) the name of the person responsible for carrying out the activity and how and where that person may be contacted. (3) The local government may serve on the owner and or occupier a notice requiring the owner or occupier to undertake one or more of the following— (a) comply with subclause (2)(a) or (2)(b); (b) clean up and properly dispose of any released or escaped dust or liquid waste; (c) clean up and make good any damage resulting from the released or escaped dust or liquid waste; and (d) take effective measures to stop any further release or escape of dust or liquid waste. (4) The requirements set out in a notice issued under subclause (3) must be complied with— (a) within 48 hours of service of the notice where no other time is specified; (b) within such other period as is specified in the notice; or (c) immediately, if the notice so specifies. (5) Where the local government forms the opinion that dust or liquid waste has escaped or has been released from an activity undertaken on land or as a consequence of the use of equipment on land, the local government may serve a notice on the owner and or occupier of the land and or the operator of the equipment, as the case may be, requiring that the activity or use of the equipment on the land be ceased immediately, for such period as is specified in such notice. (6) Where the local government is of the opinion that dust or liquid waste may be released or escape as a result of an activity which is likely to be carried on from any land, the local government may give to the owner and or occupier a notice providing that the activity may only be carried on subject to conditions specified in the notice.