Western Australian Repealed Regulations

This legislation has been repealed.

LOCAL GOVERNMENT MODEL BY-LAWS (PETROL PUMPS) NO. 10 - REG 5

5 .         Installation of petrol pumps contrary to zoning

        (1)         The council shall not issue a licence to a person to install a petrol pump in any place other than such as has been set aside in a town planning scheme made under any Act or by zoning by-laws made under section two hundred and forty-eight of the Act, as a site for a petrol station or petrol pump or to keep a petrol pump installed for the sale of petrol to the public in a street, public place or any place other than such as has been so set aside unless — 

            (a)         the Minister consents in writing to that place being used, as a site for a petrol pump;

            (b)         the petrol pump is installed in or on any place specified in a licence issued by the council authorising the installation of the petrol pump in that place;

            (c)         the owner or proposed owner of the petrol pump shall make written application to the council for the licence;

            (d)         the owner or proposed owner of the petrol pump shall give written notice of his application specifying the place to which it relates in a newspaper circulating in the district where it is proposed to install the petrol pump;

            (e)         the council shall cause a notice of the application for the licence to be exhibited on its notice board, advising that objections (if any) to the application shall be lodged with the council within twenty-one days after the notice is first exhibited; and

            (f)         the council shall consider the objections (if any) to the application being issued and shall have resolved by an absolute majority, to recommend the issue of the licence.

        (2)         Before a licence to install a petrol pump in any place is issued by the council, the council shall be satisfied that the petrol pump, when installed, will be properly ventilated and will not constitute a danger to the public.

        (3)         The application for a licence to install a petrol pump shall be accompanied by — 

            (a)         a plan setting out — 

                the dimensions and boundaries of the land to which the application relates; the lot and location number of the land, the position on the land of every existing, and any proposed, buildings; the proposed position on the land of every petrol pump and of the storage tanks comprised therein, together with details of all pipes connecting pumps to the storage tanks; and the proposed positions of entrance and exits over footpaths; and

            (b)         a specification detailing the type and construction of every pump and every delivery pump,

                together, in the event of the applicant not being already the holder of a licence for a petrol pump, with an amount of two dollars, being the licence fee for a period of one year.

        (4)         Where the council has issued a licence, pursuant to this by-law, for the keeping of a petrol pump in a street, public place or a place that is not comprised in land set aside, in a town planning scheme or by Zoning By-laws, as a site for a petrol station, that licence shall be valid for the period of one year only, from the date of issue, but the council may, upon the expiration of the licence, renew it for a further period of one year and so on, from year to year; and, where the council resolves not to renew the licence, it shall give to the licence holder three months’ notice in writing of its intention in that regard.

        (5)         A person is not entitled to compensation, by reason of a refusal to issue, or to renew, a licence for a petrol pump or by reason of a defect in, or the failure to give, any notice, in that regard.