4200GOVERNMENT GAZETTE, WA 1 August 2017

4200 GOVERNMENT GAZETTE, WA 1 August 2017 3.4 Duration of approval Unless otherwise stated in the form of approval, an approval granted under this local law runs with the lot to which it relates and for the avoidance of doubt, it may be relied upon by any subsequent occupier or owner of the lot, and may be enforced against them by the local government. 3.5 Cancellation of an approval Subject to Division 1 Part 9 of the Local Government Act 1995, the local government may cancel an approval issued under this Part if— (a) the fence no longer satisfies the required specifications; or (b) the owner or occupier breaches any condition upon which the approval has been issued. PART 4—MISCELLANEOUS 4.1 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 5—NOTICES OF BREACH 5.1 Notices of breach (1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, the local government may give a notice in writing to the owner of that lot. (2) A notice of breach shall— (a) specify the provision of this local law which has been breached; (b) specify the particulars of the breach; and (c) state that the owner is required to remedy the breach within the time specified in the notice. (3) Should an owner fail to comply with a notice of breach, the local government may, by its employees, agents or contractors enter upon the lot to which the notice relates and remedy the breach, and may recover the expenses of so doing from the owner of the lot in a court of competent jurisdiction. (4) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of the Act and any power of entry exercised by the local government under this local law is subject to Part 3, Division 3 of the Act. PART 6—OFFENCES 6.1 Offences and penalties (1) A person who fails to comply with a notice of breach commits an offence and is liable upon conviction to a penalty of not less than $250 and not exceeding $5 000 and, if the offence is a continuing offence, to a maximum daily penalty of $500. (2) A person who fails to comply with or who contravenes any provision of this local law commits an offence and is liable on conviction to a penalty of not less than $250 and not exceeding $5 000 and, if the offence is a continuing offence, to a maximum daily penalty of $500. (1) An offence against any provision of this local law is a prescribed offence for the purposes of section 9.16(1) of the Local Government Act 1995. (2) The amount appearing in the final column of Schedule 1, directly opposite a prescribed offence in that Schedule, is the modified penalty for that prescribed offence. 6.3 Forms of notices For the purposes of this local law— (a) the form of the infringement notice referred to in sections 9.16 and 9.17 of the Local Government Act 1995 is to be in the form of Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (b) the form of the withdrawal of infringement notice referred to in section 9.20 of the Local Government Act 1995 is to be in the form of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review When the local government makes a decision under clause 3.2, the provisions of Part 9 Division 1 of the Local Government Act 1995, and regulation 33 of the Local Government (Functions and General) Regulations 1996, apply to that decision.