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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters


11 Local authority permit

11
Local authority permit
(1)
Every application for a permit shall be in Form 4 and shall be accompanied by a current certificate of registration in respect of the amusement device for which the permit is sought.
(2)
A local authority to which an application for a permit is made shall, before issuing it, cause the site and device to be inspected by the local authority engineer or some other competent person.
(3)
Every person inspecting an amusement device pursuant to subclause (2) of this regulation shall have regard to whether:
(a)
The ground on which the device is erected is capable of supporting it without risk of subsidence:
(b)
There is sufficient clearance between any part of the device and any fixed or moving objects in its vicinity to prevent injury to any person when the device is in operation:
(c)
Such protective fences or barriers as the local authority may require are erected:
(d)
In all other respects, the erection and proposed operation of the device complies with the local authority's bylaws.
(4)
Every permit shall be in Form 5.
(5)
A local authority to which an application for a permit in respect of an amusement device is made shall issue the permit if:
(a)
The application is in accordance with these regulations; and
(b)
The application is accompanied by the fee prescribed by subclause (6) of this regulation; and
(c)
The person who inspected the device was satisfied of the matters specified in subclause (3) of these regulations.
(6)
The fee required to be paid for an application for a permit shall be:
(a)
For one device, for the first 7 days of proposed operation or part thereof, $10.
(b)
For each additional device operated by the same owner, for the first 7 days or part thereof, $2.
(c)
For each device, $1 for each further period of 7 days or part thereof.

Commentary - Local Government Law - Associated Legislation

AD11.01
Local authority powers
Regulation 23 allows local authority officers and employees to exercise all powers of entry onto property, inspection of machinery, and access to and examination and copying of documents as are necessary to enable the exercise of their functions and powers under the Act and regulations. Regulation 15(5) empowers local authorities to inspect the owner’s register. Pursuant to regs 18 and 19, the relevant local authority must also be notified of any accidents or incidents involving an amusement device.
AD11.02
Bylaws
Section 145 of the Local Government Act 2002 confers a general power on local authorities to make bylaws for the purpose of protecting, promoting and maintaining public health and safety.

From Employment Law - Occupational Safety & Health

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