3778GOVERNMENT GAZETTE, WA 20 November 2023

3778 GOVERNMENT GAZETTE, WA 20 November 2023 6.2 Determination of an application (1) An authorised person may refuse to consider an application that does not comply with clause 6.1. (2) An authorised person may– (a) approve an application; (b) approve an application subject to conditions as the authorised person sees fit; or (c) refuse an application. (3) In determining whether to issue a licence, an authorised person may consider, in addition to any other matter authorised to consider, whether the construction or retention of the fence would adversely affect land or impact on— (4) An authorised person may by written notice amend a condition imposed under subclause (2)(b). (5) An amendment under subclause (4) is effective from the date specified in the notice. (6) If an authorised person approves an application, a written licence and any conditions applied is to (7) If an authorised person refuses to approve an application, written notice of that refusal and the reasons for the decision is to be given to the applicant. 6.3 Compliance with licence issued Where a licence is issued under clause 6.2, the applicant and the owner or occupier of the lot to which the licence relates, shall comply with the terms and any conditions of that licence. 6.4 Revocation of a licence An authorised person may revoke a licence if— (a) the owner or occupier requests an authorised person to do so; (b) the fence to which the licence relates has been demolished and is not rebuilt for a period of 6 months; (c) the circumstances have changed in such a way that a licence for the fence could no longer be granted under this local law; (d) the owner or occupier fails to comply with a condition of the licence or breaches a provision of this local law in respect of the fence; or (e) the owner or occupier fails to comply with a notice of breach issued under clause 8.1. 6.5 Duration of a licence (1) Unless otherwise stated in the licence, a licence granted under this local law transfers with the lot to which it relates and is deemed to transfer to each successive owner or occupier of that lot. (2) Where a licence is transferred under subclause (1), the successive owner or occupier may apply to an authorised person for written confirmation of this transfer. (3) For the avoidance of doubt, a licence granted under this local law may be relied upon by any subsequent owner or occupier of the lot, and may be enforced against them by the local government. 6.6 False or misleading statement A person shall not make a false or misleading statement in connection with any application, requirement or request under this local law. PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review Division 1 of Part 9 of the Local Government Act 1995 applies to a decision under this local law to— (a) refuse an application for a licence; (b) impose or vary a condition of a licence; or (c) revoke a licence. PART 8—ENFORCEMENT 8.1 Notices of breach (1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, an authorised person may give a notice of breach in writing to the owner or occupier of that lot. (2) A notice of breach shall— (a) specify the provision of this local law that has been breached; (b) specify the particulars of the breach; and