5122GOVERNMENT GAZETTE, WA 3 November 2022

5122 GOVERNMENT GAZETTE, WA 3 November 2022 Under the powers conferred by the Local Government Act 1995 and by all other powers, the local government of the Shire of Dumbleyung resolved on 15 September 2022 to make the following local law. This local law may be cited as the Shire of Dumbleyung Extractive Industries Local Law 2022. 1.3 Definitions Act means the Local Government Act 1995; AS means an Australian Standard published by Standards Australia, as amended from time to time, and available for viewing free of charge at the Shire of Dumbleyung Administration office; carry on an extractive industry means quarrying and excavating for stone, gravel, sand, and other material; excavation includes quarry; land unless the context otherwise requires, means the land on which the applicant proposes carrying on the extractive industry to which the licence application relates; licence means a licence issued under this local law; licensee means the person named in the licence as the licensee; occupier has the meaning given to it in the Act; owner has the meaning given to it in the Act; person does not include the local government; planning approval means an approval for a development and/or a land use that is issued under a local planning scheme administered by the local government; secured sum means the sum required to be paid or the amount of a bond, guarantee or other security under clause 5.1; Schedule means a schedule to this local law; and site means the land specified by the local government in a licence. (1) The provisions of this local law— (a) subject to paragraphs (b), (c), (d) and (e)— (i) apply and have force and effect throughout the whole of the district; and (ii) apply to every excavation whether commenced prior to or following the coming into operation of this local law; (b) do not apply to the extraction of minerals under the Mining Act 1978; (c) do not apply to the carrying on of an extractive industry on Crown land; (d) do not apply to the carrying on of an extractive industry on land by the owner or occupier of that land for use on that land; and (e) do not affect the validity of any licence issued under the local law repealed by clause 1.6 of this local law if that licence is currently in force at the date of gazettal of this local law. (2) In subclause (1)(d), land includes adjoining lots or locations in the same occupation or ownership of the owner or occupier referred to in subclause (1)(d). 1.5 Transitional provisions (1) Within 90 days of commencement of this local law or within 90 days of the date of the annual licence fee of a previous licence becoming due and payable (under clause 3.2), the local government may in respect of the licence— (a) vary or delete a condition; or

3 November 2022 GOVERNMENT GAZETTE, WA 5123 (b) impose one or more other conditions, as specified in clause 3.1(5). (2) A condition that is varied, deleted or imposed under subclause (1) does not become effective until 90 days (or longer period that is specified by the local government) after written notice of the condition is given by the local government to the licensee. 1.6 Repeal This local law repeals the Shire of Dumbleyung Extractive Industries Local Law 2002 as published in the Government Gazette on 21 March 2003. PART 2—LICENSING REQUIREMENTS FOR AN EXTRACTIVE INDUSTRY 2.1 Extractive industries prohibited without licence A person must not carry on an extractive industry— (a) unless the person is the holder of a valid and current licence; and (b) otherwise than in accordance with any terms and conditions set out in, or applying in respect of, the licence. 2.2 Applicant to advertise proposal (1) Unless the local government first approves otherwise, a person seeking the issue of a licence shall, before applying to the local government for a licence— (a) forward by registered mail a notice in the form determined by the local government from time to time to— (i) the owners and occupiers of all land adjoining the land upon which it is proposed to excavate, or within an area determined by the local government as likely to be affected by the granting of a licence, advising of the application and specifying that they may, within 21 days from the date of service of the letter, object to or make representations in writing in respect of the issue of a licence by the local government; (ii) every authority or person having control or jurisdiction over any of the things referred to in clause 2.3(1)(a)(vii) and (viii) within 500 metres from the boundaries of the land, or within an area determined by the local government as likely to be affected by the granting of a licence; and (b) as soon as practicable after complying with the requirements of paragraph (a)— (i) forward a copy of the notice to the CEO; and (ii) publish the notice in a newspaper circulating in the area in which the proposed excavation is located. (2) The local government may, within 14 days after receiving a copy of a notice referred to in subclause (1), cause to be displayed, or require the proposed applicant to display, in a prominent position on the land one or more notices— (a) in the form determined by the local government from time to time; (b) the content, size and construction of which have been approved by the CEO; (c) specifying particulars of the proposed excavation; and (d) inviting objections or comments within 21 days from the placement of the notice. 2.3 Application for licence (1) Subject to subclause (3), a person seeking the issue of a licence in respect of any land shall apply in the form determined by the local government from time to time and must forward the application duly completed and signed by each of the applicants, the owner of the land and any occupier of the land to the CEO together with— (a) three (3) copies of a plan of the excavation site to a scale of between 1:500 and 1:2000 showing— (i) the existing and proposed land contours based on the Australian Height Datum and plotted at 1 metre contour intervals; (ii) the land on which the excavation site is to be located; (iii) the external surface dimensions of the land; (iv) the location and depth of the existing and proposed excavation of the land; (v) the location of existing and proposed thoroughfares or other means of vehicle access to and egress from the land and to public thoroughfares in the vicinity of the land; (vi) the location of buildings, treatment plant, tanks and other improvements and developments existing on, approved for or proposed in respect of the land; (vii) the location of existing power lines, telephone cables and any associated poles or pylons, sewers, pipelines, reserves, bridges, railway lines and registered grants of easement or other encumbrances over, on, under or adjacent to or in the vicinity of the land; (viii) the location of all existing dams, watercourses, drains or sumps on or adjacent to the land; (ix) the location and description of existing and proposed fences, gates and warning signs around the land; and (x) the location of the areas proposed to be used for stockpiling excavated material, treated material, overburden and soil storage on the land and elsewhere;