3800GOVERNMENT GAZETTE, WA 20 November 2023

3800 GOVERNMENT GAZETTE, WA 20 November 2023 (a) be in writing; (b) given to the person referred to in clause 11.1 or 11.2 as the case may be; (c) specify the reason for giving the notice; (d) the action that is required to be undertaken; and (e) the time within which the work or action is to be undertaken. (2) At the local government’s discretion, the action that may be required to be undertaken is— (a) to take or cease such action as may be required for compliance with this local law; (b) reinstate the property or thing to the state it was in before the removal, damage or interference; (c) replace that property or thing; or (d) pay for the costs of reinstatement or replacement. Offence to fail to comply with notice A person who fails to comply with a notice given to him or her under this local law commits an offence. Local government may undertake requirements of notice If a person fails to comply with a notice referred to in clauses 11.1 or 11.2, the local government may— (a) do the thing specified in the notice, including replace the property, or reinstate the property to the state it was in before the removal, damage or interference; (b) take whatever remedial action it considers appropriate to put the local government in the position it would have been in if the breach or failure had not occurred; and (c) recover all costs from the person, as a debt. Entry into private land This local law is subject to sections 3.25, 3.27 and schedules 3.1 and 3.2 of the Local Government OBJECTIONS AND REVIEW Objection and review rights Division 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal, transfer, amendment, suspension or cancellation of a licence or consent. OFFENCES AND PENALTIES 13.1 Offences and general penalty General penalty A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. 13.3 Prescribed offences (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of a modified penalty for a prescribed offence is the number specified adjacent to the clause in Schedule 1. Form of infringement notices in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; Schedule 1 of the Local Government (Functions and General) Regulations 1996; and the Local Government (Functions and General) Regulations 1996. Evidence of a determination (1) In any legal proceedings, evidence of a determination may be given by tendering the register referred to in clause 2.5 or a certified copy of an extract from the register. (2) Unless the contrary is proved, it is to be presumed that the determination was properly made and that every requirement for it to be made and have effect has been satisfied. (3) Subclause (2) does not make valid a determination that has not been properly made.