4508GOVERNMENT GAZETTE, WA 13 November 2018

4508 GOVERNMENT GAZETTE, WA 13 November 2018 NOTICESPART 12— 12.1 Notice to remedy non-compliance Where any thing is required to be done or not permitted to be done by this local law, an authorised person may give a notice in writing— (a) to the owner or the occupier of the property which abuts that portion of the thoroughfare where the thing has been done or not done; or (b) to any other person who may be responsible for the thing done or not done, requiring the person to comply with the requirements of this local law. 12.2 Notice regarding damage to local government property If a person unlawfully removes, damages or interferes with local government property or portion of a thoroughfare, an authorised person may give the person a notice requiring that person to do any one or more of the following (at the local government’s option)— (a) reinstate the property to the state it was in before the removal, damage or interference; (b) replace that property; or (c) pay for the costs of reinstatement or replacement. 12.3 Notice requirements A notice given must— (a) be in writing; (b) specify the reason for giving the notice; (c) specify the work or action that is required to be undertaken; and (d) the time within which the work or action is to be undertaken. 12.4 Local government may undertake requirements of notice If a person fails to comply with a notice referred to in clauses 12.1 or 12.2, 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. 12.5 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. OFFENCES AND PENALTIESPART 13— 13.1 Offences and general penalty (1) A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) 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. 13.2 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. 13.3 Form of notices (a) where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; (b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. 13.4 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) If evidence of a determination is provided under subclause (1), it is to be presumed, unless the contrary is proved, 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.