5128GOVERNMENT GAZETTE, WA 3 November 2022

5128 GOVERNMENT GAZETTE, WA 3 November 2022 6.3 Prohibitions A licensee shall not— (a) remove any trees or shrubs within 40 metres (or such lesser distance as may be allowed, in writing, by the local government) of the boundary of any thoroughfare on land in respect of which a licence has been granted, except for the purpose of constructing access thoroughfares, erecting buildings or installing plant for use in connection with the excavation and then only with the express approval of the local government and subject to any conditions which the local government may impose in accordance with clause 3.1; (b) store, or permit to be stored, any explosives or explosive devices on the site to which the licence applies other than with the approval of the local government and the Department of Mines, Industry Regulation and Safety; or (c) fill or excavate, other than in accordance with the terms and conditions of the licence, the site plans and the works and excavation programme approved by the local government. 6.4 Blasting (1) A person shall not carry out or permit to be carried out any blasting in the course of excavating unless— (a) the local government has otherwise given approval in respect of blasting generally or in the case of each blast; (b) subject to subclause (2), the blasting takes place only between the hours of 8.00am and 5.00pm, or as determined by the local government, on Mondays to Fridays inclusive; (c) the blasting is carried out in strict accordance with the AS2187 SAA Explosives Code as amended from time to time, the Mines Safety and Inspection Act 1994, the Environmental Protection Act 1986, and all relevant local laws of the local government; and (d) in compliance with any other conditions imposed by the local government concerning— (i) the time and duration of blasting; (ii) the purposes for which the blasting may be used; and (iii) such other matters as the local government may reasonably require in the interests of the safety and protection of members of the public and of property within the district. (2) A person shall not carry out or permit to be carried out any blasting on a Saturday, Sunday or public holiday except with the prior approval of the local government. PART 7—MISCELLANEOUS PROVISIONS 7.1 Public liability (1) A licensee shall have at all times a current public liability insurance policy taken out in the joint names of the licensee and the local government indemnifying the licensee and the local government for a sum of not less than $20,000,000 in respect of any one claim relating to any of the excavation operations. (2) The licensee shall provide to the local government a copy of the policy taken out under subclause (1), within 14 days after the issue of that policy and shall provide to the local government evidence of renewal within 14 days of each renewal date. 7.2 Mines Safety and Inspection Act and Environmental Protection Act (1) In any case where the Mines Safety and Inspection Act 1994 or the Environmental Protection Act 1986 applies to any excavation carried on or proposed to be carried on at a site, the licensee in respect of that site shall provide to the local government within 14 days full particulars of any inspection or report made under that Act or those Acts. (2) In this clause, the Mines Safety and Inspection Act 1994 and the Environmental Protection Act 1986 include all subsidiary legislation made under those Acts. 7.3 Notice of cessation of operations (1) Where a licensee intends to cease carrying on an extractive industry— (a) temporarily for a period in excess of 12 months; or (b) permanently, the licensee shall, as well as complying with clause 7.4, give the local government written notice of the cessation not later than 1 week after those operations have ceased. (2) Where a licensee has given written notice to the local government of the intention to permanently cease carrying on an extractive industry on the site to which the licence applies the licence is deemed to have expired on the date such cessation is so notified. (3) The temporary or permanent cessation of the carrying on of an extractive industry on a site or the deemed expiration or cancellation of a licence does not entitle the licensee to any refund of any licence fee.