{"id":"wa-local:busselton-city-of-city-of-busselton-bush-fire-brigade-local-law-2023","name":"City of Busselton Bush Fire Brigade Local Law 2023","slug":"city-of-busselton-bush-fire-brigade-local-law-2023","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437274,"registerId":"wa-local:busselton-city-of-city-of-busselton-bush-fire-brigade-local-law-2023-pdf-1775954198375","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Busselton Bush Fire Brigade Local Law 2023","content":"3537\nISSN 2204-4264 (online)\nPERTH, TUESDAY, 31 OCTOBER 2023 No. 143\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nCONTENTS\nPage\nAgriculture and Food ......................................................................................................................... 3539\nFire and Emergency Services ............................................................................................................ 3539\nJustice ................................................................................................................................................ 3539\nLocal Government .............................................................................................................................. 3540\nParliament ......................................................................................................................................... 3553\nPlanning ............................................................................................................................................. 3553\nPublic Notices..................................................................................................................................... 3555\n\nIMPORTANT COPYRIGHT NOTICE\n© State of Western Australia\nThis work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part\nmay be reproduced by any process without written permission from the Attorney General for\nWestern Australia. Enquiries in the first instance should be directed to the Government Printer,\nParliamentary Counsel’s Office, publications@pco.wa.gov.au.\nNote: A Creative Commons Attribution 4.0 International Licence (CC BY 4.0) applies with\nrespect to material on the WA Legislation Website (with certain exceptions), and to copies of Acts,\nand reprints of Acts and subsidiary legislation, printed by the Government Printer. To view\nrelevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\nPUBLISHING DETAILS\nThe Western Australian Government Gazette is published by the Government Printer for the State of\nWestern Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or\nunforeseen circumstances.\nSpecial Government Gazettes containing notices of an urgent or particular nature are published\nperiodically.\nThe following guidelines should be followed to ensure publication in the Government Gazette—\n• Material submitted to the Executive Council prior to gazettal will require a copy of the signed\nExecutive Council Minute Paper.\n• Copy must be lodged with the Publications Officer, Department of the Premier and Cabinet no\nlater than 12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)—\nEmail address:\ngazette@dpc.wa.gov.au\n• Enquiries regarding publication of notices can be directed to the Publications Officer on\n(08) 6552 6012.\n• Enquiries regarding payment of notices can be directed to (08) 6552 6000 or\nsales@dpc.wa.gov.au\n• Lengthy or complicated notices should be forwarded early to allow for preparation.\nFailure to observe this request could result in the notice being held over.\nAfter lodging any notices, confirmation is not required by post. If original copy is forwarded later and\npublished, the cost will be borne by the advertiser.\nADVERTISING RATES AND PAYMENTS\nEFFECTIVE FROM 1 JULY 2023 (Prices include GST)\nPublic Notices Section—$78.20 minimum charge (except items of an exceptionally large nature. In these\ninstances arrangements will be made for pricing the notice at time of lodging).\nAll other Notices—\nPer Column Centimetre—$15.60\nBulk Notices—$285.60 per page\nClients who have an account will only be invoiced for charges over $100.\nFor charges under $100, clients will need to supply credit card details at time of lodging notice\n(i.e. a notice under 7cm would not be invoiced).\nClients without an account will need to supply credit card details at the time of lodging the notice.\n\n31 October 2023 GOVERNMENT GAZETTE, WA 3539\nAGRICULTURE AND FOOD\nAG401\nBIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007\nBIOSECURITY AND AGRICULTURE MANAGEMENT (PERMITTED ORGANISMS)\nDECLARATION (NO. 04) 2023\nMade under Section 11 of the Biosecurity and Agriculture Management Act 2007 by a Director of the\nDepartment of Primary Industries and Regional Development as delegate of the Minister.\n1. Citation\nThis declaration is the Biosecurity and Agriculture Management (Permitted Organisms) Declaration\n(No. 04) 2023.\n2. Permitted Organisms\n1) The organisms listed below are declared under section 11(1) of the Act to be a permitted organism\nfor the whole of the State.\n2) All previous declarations under the Act relating to the organisms listed below are revoked.\n• Salvia bullulata Benth.\n• Ceratopteris richardii Brongn.\n• Selaginella moellendorffii Hieron.\n• Eremophila waitii Chinnock\nDated 10 October 2023.\nPETER ADAMS, A/Director, Invasive Species,\nDepartment of Primary Industries and Regional Development.\nFIRE AND EMERGENCY SERVICES\nFE401\nBUSH FIRES ACT 1954\nTOTAL FIRE BAN DECLARATION\nCorrespondence No. D18023\nPursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the\nDepartment of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a\ntotal fire ban for 25 October 2023 for the local government districts of—\nArmadale, Gosnells, Kalamunda, Murray, Serpentine-Jarrahdale.\nDated 24 October 2023.\nJON BROOMHALL, Assistant Commissioner of the Department of\nFire and Emergency Services, as a sub-delegate of the Minister\nunder section 16 of the Fire and Emergency Services Act 1998.\nJUSTICE\nJU401\nJUSTICES OF THE PEACE ACT 2004\nRESIGNATIONS\nIt is hereby notified for public information that the Minister has accepted the resignation of—\nMarguerite Grace Hiatt of North Perth\nTerence Edwin McMahon of Wynyard\nHazel Veronica Lee of Erskine\nPhillip Harvey O'Meehan of Applecross\nScott Gregory Phillips of Mount Lawley\nRobert Keith Smith of Wattle Grove\nRuth Ellen White of City Beach\n\n3540 GOVERNMENT GAZETTE, WA 31 October 2023\nVictor Harold Browning of Ocean Reef\nGrant Ashley Lowe formerly of Halls Creek\nWilliam McLean Dinnie of Buntine\nWilliam Frederick Bykerk of Binningup\nJames Adair of Mullaloo\nLynette Anne Lutley of Lower King\nRobert Dunbar of Usher\nJack Holmes of West Perth\nJean Olive Beard of Ravenswood\nGraeme Kleemann of Cranbrook\nAnthony Paul Stanton of Wundowie\nGraham Peter Bowler of Karrinyup\nfrom the Office of Justice of the Peace for the State of Western Australia.\nJOANNE STAMPALIA, Deputy Director General, Court and Tribunal Services.\nLOCAL GOVERNMENT\nLG401\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nCity of Busselton\nBUSH FIRE BRIGADES LOCAL LAW\nUnder the powers conferred by the Bush Fires Act 1954 and under all other powers enabling it, the\nCouncil of the City of Busselton resolved on 18 October 2023 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the City of Busselton Bush Fire Brigades Local Law.\n1.2 Definitions\n(1) In this local law unless the context otherwise requires—\nAct means the Bush Fires Act 1954;\nbrigade area is defined in clause 2.2(1)(b);\nbrigade member means any member referred to in clause 4.1;\nbrigade officer means a person holding a position on the committee of the bush fire brigade,\nwhether or not he or she was appointed by the local government or elected at an annual general\nmeeting of a bush fire brigade or otherwise appointed to the position;\nBush Fire Advisory Committee means the persons appointed to a bushfire advisory committee\nin accordance with section 67 of the Act;\nbush fire brigade is defined in section 7 of the Act;\nBush Fire Operating Procedures means the Bush Fire Operating Procedures adopted by the\nlocal government as amended from time to time;\nCEO means the chief executive officer of the City of Busselton;\nCouncil means the Council of the local government;\nDepartment means the Department of Fire and Emergency Services of Western Australia;\ndistrict means the district of the local government;\nfire fighting member means a registered operational member of a brigade and is defined in clause\n4.2;\nlocal government means the City of Busselton;\nnormal brigade activities is defined in section 35A of the Act;\nRegulations means Regulations made under the Act;\nRules means the Rules Governing the Operation of Bush Fire Brigades set out in the First\nSchedule; and\nSchedule means a schedule to this local law.\n(2) In this local law, unless the context otherwise requires, a reference to—\n(a) a Bush Fire Control Officer;\n(b) a Captain;\n\n31 October 2023 GOVERNMENT GAZETTE, WA 3541\n(c) a First Lieutenant;\n(d) a Second Lieutenant;\n(e) any additional Lieutenants;\n(f) an Equipment Officer;\n(g) a Brigade Training Officer;\n(h) a Secretary.\n(i) a Treasurer; or\n(j) a Secretary / Treasurer combined,\nmeans a person holding that position in a bush fire brigade.\n1.3 Repeal\nThe By-laws of the Busselton Shire Council relating to the establishment, maintenance and equipment\nof Bush Fire Brigades for the Shire or any part of the Shire of Busselton, published in the Government\nGazette on 31 October 1968, are repealed.\n1.4 Application\nThis local law applies throughout the district.\n1.5 Commencement\nThis local law comes into operation on the 14th day after the date of its publication on the Government\nGazette.\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a bush fire brigade\n2.1 Establishment of a bush fire brigade\n(1) The local government may establish a bush fire brigade for the purpose of carrying out normal\nbrigade activities.\n(2) A bush fire brigade is established on the date of the local government's decision under subclause\n(1).\n2.2 Name and officers of bush fire brigade\n(1) On establishing a new bush fire brigade under clause 2.1(1) the local government is to—\n(a) give a name to the bush fire brigade;\n(b) specify the area in which the bush fire brigade is primarily responsible for carrying out the\nnormal brigade activities (the \"brigade area\"); and\n(c) appoint—\n(i) a Captain;\n(ii) a First Lieutenant;\n(iii) a Second Lieutenant;\n(iv) additional Lieutenants if the local government considers it necessary;\n(v) a Brigade Training Officer;\n(vi) an Equipment Officer;\n(vii) a Secretary;\n(viii) a Treasurer; or\n(ix) a Secretary/Treasurer combined; and\n(x) any other position deemed necessary for the effective management of brigade activities.\n(2) When considering the appointment of persons to the positions in subclause (1)(c), the local\ngovernment is to have regard to the qualifications and experience which may be required to fill\neach position.\n(3) A person appointed to a position in subclause (1)(c) is to be taken to be a brigade member.\n(4) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general\nmeeting of the bush fire brigade.\n(5) If a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first annual\ngeneral meeting, then the local government is to appoint a person to fill the vacancy in accordance\nwith subclause (2).\nDivision 2—Command at a fire\n2.3 Ranks within the bush fire brigade\n(1) Where under the Act and Bush Fire Operating Procedures members of the bush fire brigade have\ncommand of a fire, unless a bush fire control officer is in attendance at the fire, the Captain has\nfull control over other persons fighting the fire, and is to issue instructions as to the methods to be\nadopted by the firefighters. In the absence of the Captain, the first Lieutenant, and in the absence\nof the first, the second Lieutenant and so on, in the order of seniority determined, is to exercise all\nthe powers and duties of the Captain.\n\n3542 GOVERNMENT GAZETTE, WA 31 October 2023\n(2) Where a bushfire control officer is in attendance at a fire which the members of the bush fire brigade\nhave command of under the Act and the Bush Fire Operating Procedures, the most senior ranked\nbushfire control officer has full control over other persons fighting the fire and is to issue\ninstructions as to the methods to be adopted by the fire fighters.\nDivision 3—Application of Rules to a bush fire brigade\n2.4 Rules\n(1) The Rules govern the operation of a bush fire brigade.\n(2) A bush fire brigade and each brigade member is to comply with the Rules as set out in the First\nSchedule.\nDivision 4—Transitional\n2.5 Existing Bush Fire Brigades\n(1) Where a local government has established a bush fire brigade prior to the commencement date,\nthen on and from the commencement day—\n(a) the bush fire brigade is to be taken to be a bush fire brigade established under and in\naccordance with this local law;\n(b) the provisions of this local law apply to the bush fire brigade save for clause 2.2; and\n(c) any rules governing the operation of the bush fire brigade are to be taken to have been repealed\nand substituted with the Rules.\n(2) In this clause—\n\"commencement day\" means the day on which this local law comes into operation.\nDivision 5—Dissolution of bush fire brigade\n2.6 Dissolution of bush fire brigade\nIn accordance with section 41(3) of the Act, the local government may cancel the registration of a bush\nfire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local law,\nthe Bush Fire Operating Procedures or the Rules, or is not achieving the objectives for which it was\nestablished.\n2.7 New arrangement after dissolution\nIf a local government cancels the registration of a bush fire brigade, alternative fire control\narrangements are to be made in respect of the brigade area.\nPART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—Local government responsibility\n3.1 Local government responsible for structure\nThe local government is to ensure that there is an appropriate structure through which the organisation\nof bush fire brigades is maintained.\n3.2 Officers to be supplied with Act\nThe local government is to supply each brigade officer with a copy of the Act, the Regulations, the Bush\nFire Operating Procedures, this local law and any other written laws which may be relevant to the\nperformance of the brigade officers' functions, and any amendments which are made thereto from time\nto time.\nDivision 2—Chief Bush Fire Control Officer\n3.3 Managerial role of Chief Bush Fire Control Officer\nSubject to any directions by the local government the Chief Bush Fire Control Officer has primary\nmanagerial responsibility for the organisation and maintenance of bush fire brigades.\n3.4 Chief Bush Fire Control Officer may attend meetings\nThe Chief Bush Fire Control Officer or her or his nominee (who is to be a bush fire control officer) may\nattend as a non-voting representative of the local government at any meeting of a bush fire brigade.\n3.5 Duties of Chief Bush Fire Control Officer\nThe duties of the Chief Bush Fire Control Officer include—\n(a) provide leadership to volunteer bush fire brigades;\n(b) monitor bush fire brigades' resourcing, equipment (including protective clothing) and training\nlevels and report thereon with recommendations at least once a year to the local government;\n(c) liaise with the local government concerning fire prevention / suppression matters generally and\ndirections to be issued by the local government to bush fire control officers (including those who\nissue permits to burn) bush fire brigades or brigade officers;\n(d) ensure that bush fire brigades are registered with the local government and that lists of brigade\nmembers are maintained.\nDivision 3—Annual general meetings of bush fire brigades\n3.6 Holding of annual general meeting\nA bush fire brigade is to hold its annual general meeting prior to 31 May each financial year.\n\n31 October 2023 GOVERNMENT GAZETTE, WA 3543\n3.7 Nomination of bush fire control officers to Bush Fire Advisory Committee\nAt the annual general meeting of a bush fire brigade, a minimum of one brigade member is to be\nnominated to the Bush Fire Advisory Committee to serve as the bush fire control officer for the brigade\narea until the next general meeting.\n3.8 Nomination of bush fire control officer to the local government\nIf the local government has not established a Bush Fire Advisory Committee, then at the annual general\nmeeting of a bush fire brigade, the bush fire brigade is to nominate one brigade member to the local\ngovernment to serve as the bush fire control officer for the brigade area until the next annual general\nmeeting.\n3.9 Minutes to be tabled before the Bush Fire Advisory Committee\n(1) The Secretary is to forward a copy of the minutes of the annual general meeting of a bush fire\nbrigade to the Chief Bush Fire Control Officer along with a list of elected office bearers and their\ncontact details within one month after the meeting.\n(2) The Chief Bush Fire Control Officer is to table the minutes of a bush fire brigade's annual general\nmeeting at the next meeting of the—\n(a) Bush Fire Advisory Committee; or\n(b) Council, if there is no Bush Fire Advisory Committee,\nfollowing their receipt under subclause (1).\nDivision 4—Bush Fire Advisory Committee\n3.10 Functions of Advisory Committee\nThe Bush Fire Advisory Committee is to have the functions set out in section 67 of the Act and is to\ninclude such number of nominees of the bush fire brigades as is determined by the local government.\n3.11 Advisory Committee to nominate bush fire control officers\nAs soon as practicable after the annual general meeting of each bush fire brigade in the district, the\nBush Fire Advisory Committee is to nominate to the local government from the persons nominated by\neach bush fire brigade a person or persons for the position of a bush fire control officer for the brigade\narea.\n3.12 Local government to have regard to nominees\nWhen considering persons for the position of a bush fire control officer, the local government is to have\nregard to those persons nominated by the Bush Fire Advisory Committee, but is not bound to appoint\nthe persons nominated.\n3.13 Advisory Committee to consider bush fire brigade motions\nThe Bush Fire Advisory Committee is to make recommendations to the local government on all motions\nreceived by the Bush Fire Advisory Committee from bush fire brigades.\nPART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP\n4.1. Types of membership of bush fire brigade\nThe membership of a bush fire brigade consists of the following—\n(a) fire fighting members;\n(b) trainee members;\n(c) associate members;\n(d) cadet members; and\n(e) honorary life members.\n4.2 Fire fighting members\nFire fighting members are those persons being at least 16 years of age who undertake all normal\nbrigade activities, and have completed the required training qualifications as determined by the local\ngovernment.\n4.3 Trainee members\nMembers joining a bush fire brigade shall be classified as trainee members until they have completed\nthe required training qualifications as determined by the local government from time to time.\n4.4 Associate members\nAssociate members are those persons who are willing to supply free vehicular transport for fire fighting\nmembers or fire fighting equipment, or who are prepared to render other assistance required by the\nbush fire brigade.\n4.5 Cadet members\nCadet members are—\n(a) to be aged 11 to 15 years;\n(b) to be admitted to membership only with the consent of their parent or guardian;\n(c) admitted for the purpose of training and are not to attend or be in attendance at an uncontrolled\nfire or other emergency incident;\n\n3544 GOVERNMENT GAZETTE, WA 31 October 2023\n(d) to be supervised by a fire fighting member when undertaking normal brigade activities as\ndefined by paragraphs (c), (d), (e), (f) and (g) of section 35A of the Act;\n(e) ineligible to vote at bush fire brigade meetings;\n(f) not to be assigned ranks under the Department's rank structure.\n4.6 Honorary life member\n(1) The bush fire brigade may by a simple majority resolution appoint a person as an honorary life\nmember in recognition of services by that person to the bush fire brigade.\n(2) No membership fees are to be payable by an honorary life member.\n4.7 Notification of membership\nNo later than 30 June in each year, the bush fire brigade is to report to the Chief Fire Control Officer\nthe name, contact details and type of membership of each brigade member.\nPART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS\n5.1 Rules to govern\nThe appointment, dismissal and management of brigade members by the bush fire brigade are governed\nby the Rules.\nPART 6—EQUIPMENT OF BUSH FIRES BRIGADES\n6.1 Policies of local government\nThe local government may make policies under which it—\n(a) provides funding to bush fire brigades for the purchase of protective clothing, equipment and\nappliances and the provision of training; and\n(b) keeps bush fire brigades informed of opportunities for funding from other bodies.\n6.2 Equipment in brigade area\nNot later than 31 May in each year, the bush fire brigade is to report to the local government the nature,\nquantity and quality of all protective clothing, equipment and appliances of the bush fire brigade which\nare generally available within the brigade area (or at a station of the bush fire brigade).\n6.3 Funding from local government budget\nA request to the local government from the bush fire brigade for funding of protective clothing,\nequipment or appliance needs is to be received by the local government by 28 February in order to be\nconsidered in the next following local government budget, and is to be accompanied by the last audited\nfinancial statement and a current statement of assets and liabilities of the bush fire brigade.\n6.4 Consideration in the local government budget\nThe local government may approve or refuse an application for funding depending upon the assessment\nof budget priorities for the year in question.\n————\nFIRST SCHEDULE\nRULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES\nPART 1—PRELIMINARY\n1.1 Interpretation\n(1) In these Rules, unless the context otherwise requires, where a term is used in these Rules and is\ndefined in the local law, the Act or the Regulations, then the term is to be taken to have the meaning\nassigned to it in the local law, the Act or the Regulations, as the case may be.\n(2) In these Rules, unless the context otherwise requires—\nabsolute majority means a majority of more than 50% of the number of—\n(a) brigade members of the bush fire brigade, whether in attendance at the meeting or not,\nif the majority is required at a meeting of the bush fire brigade; or\n(b) brigade officers of the bush fire brigade, whether in attendance at the meeting or not, if\nthe majority is required at a meeting of the Committee.\nCommittee means the Committee of the bush fire brigade;\nlocal law means the City of Busselton Bush Fire Brigades Local Law; and\nnormal brigade activities is defined by section 35A of the Act\n(3) Subject to these Rules, where a decision is to be made by the bush fire brigade, then the decision\nmay be made by a resolution passed by a simple majority of the brigade members who are present\nin person or by proxy at the meeting.\n(4) Subject to these Rules, where a decision is to be made by the Committee, then the decision may be\nmade by a resolution passed by a simple majority of the brigade officers who are present in person\nor by proxy at the meeting.\n\n31 October 2023 GOVERNMENT GAZETTE, WA 3545\nPART 2—OBJECTS AND MEMBERSHIP OF BUSH FIRE BRIGADE\n2.1 Objects of bush fire brigade\nThe objects of the bush fire brigade are to carry out—\n(a) the normal brigade activities; and\n(b) the functions of the bush fire brigade which are specified in the Act, the Regulations and the\nlocal law.\n2.2 Committee to determine applications\nApplications for membership are to be determined by the Committee.\n2.3 Conditions of membership\nIn relation to any type of membership, as described in Part 4 of the local law, the bush fire brigade may\nestablish policies pertaining to—\n(a) the qualifications required;\n(b) fees payable, if any;\n(c) a requirement to serve a probationary period;\n(d) procedures to be employed by the Committee prior to approval of an application for\nmembership,\nand the Committee is to act within the parameters of any such policy in determining applications\nfor membership.\n2.4 Applications for membership\nAn application for membership must—\n(a) be in the form determined by the CEO;\n(b) be signed by the applicant;\n(c) provide the information required in the form; and\n(d) be forwarded to the Secretary.\n2.5 Decision on application for membership\n(1) The Committee may—\n(a) approve an application for membership unconditionally or subject to any conditions; or\n(b) refuse to approve an application for membership.\n(2) If the Committee refuses to approve an application for membership, it is to give written reasons for\nthe refusal, as soon as practicable after the decision is made, to the applicant and the advice that\nthe applicant has the right to object to the local government.\n2.6 City to be notified of registrations\nIf any application for membership is approved, the Secretary of the bush fire brigade is to supply\nregistration details to the City within 14 days of a person being admitted to membership in the form\nrequired by the City from time to time.\n2.7 Termination of membership\n(1) Membership of the bush fire brigade terminates if the member—\n(a) dies;\n(b) gives written notice of resignation to the Secretary;\n(c) is, in the opinion of the Committee, permanently incapacitated by mental or physical ill-health;\n(d) is dismissed by the Committee; or\n(e) ceases to be a member or is taken to have resigned under subclause (2)\n(2) A brigade member whose membership fees are more than one year in arrears is to be taken to have\nresigned from the bush fire brigade.\n2.8 Suspension of membership\n(1) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the\nCommittee, circumstances warrant suspending the member.\n(2) The period of suspension shall be at the discretion of the Committee.\n(3) Upon the expiry of the period of suspension the Committee may—\n(a) extend the period of suspension;\n(b) terminate the membership; or\n(c) reinstate the membership.\n2.9 Existing liabilities to continue\nThe resignation, or dismissal of a member under clause 2.7 does not affect any liability of the brigade\nmember arising prior to the date of resignation or dismissal.\n2.10 Member has right of defence\nA brigade member is not to be dismissed under clause 2.7(1)(d) without being given the opportunity to\nmeet with the Committee and answer any charges which might give grounds for dismissal.\n\n3546 GOVERNMENT GAZETTE, WA 31 October 2023\n2.11 Objection Rights\nA person whose—\n(a) application for membership is refused under clause 2.5(1)(b);\n(b) membership is terminated under clause 2.7(1)(c), clause 2.7(1)(d) or clause 2.8(3)(b); or\n(c) membership is suspended under clause 2.8(1) or clause 2.8(3)(a),\nhas the right of objection to the local government which may dispose of the objection by—\n(a) dismissing the objection;\n(b) varying the decision objected to; or\n(c) revoking the decision objected to, with or without—\n(i) substituting for it another decision; or\n(ii) referring the matter, with or without directions, for another decision by the Committee.\nPART 3—FUNCTIONS OF BRIGADE OFFICERS\n3.1 Chain of command during fire fighting activities\nSubject to the Act and the local law, the command procedures to apply during fire fighting activities\nare as detailed in the local government's Bush Fire Operating Procedures.\n3.2 Duties Of Captain\n(1) Subject to subclauses (2) and (3) below, the Captain is to preside at all meetings.\n(2) The Captain may appoint another brigade officer to preside at a meeting.\n(3) In the absence of the Captain, the meeting may elect another person to preside at the meeting.\n3.3 Secretary\n(1) The Secretary is to—\n(a) be in attendance at all meetings and keep a correct minute and account of the proceedings of\nthe bush fire brigade in a form which shall be available for inspection by brigade members at\nany reasonable time;\n(b) answer all correspondence or direct it appropriately, and keep a record of the same;\n(c) prepare and send out all necessary notices of meetings;\n(d) receive membership fees, donations and other monies on behalf of the bush fire brigade, and\nremit them to the Treasurer upon receipt;\n(e) ensure an incident report form is submitted in the form required by the Department to the\nChief Bush Fire Control Officer and the Department within 14 days after attendance by the\nbush fire brigade at an incident.\n(f) maintain a register of all current brigade members which includes each brigade member's\ncontact details and type of membership.\n(g) provide no later than 30 June in each year, a report to the Chief Bush Fire Control Officer\ndetailing the name, contact details and type of membership of each brigade member.\n(2) Where a bush fire brigade attends an incident on more than one day, the incident report form is to\nbe completed and forwarded under subclause (1)(e) within 14 days after the last day of attendance.\n3.4 Treasurer\nThe Treasurer is to—\n(a) receive donations and deposits from the Secretary, and deposit all monies to the credit of the\nbush fire brigade's bank account;\n(b) pay accounts as authorized by the Committee;\n(c) keep a record of all monies received and payments made, maintain the accounts and prepare\nthe balance sheet for each financial year;\n(d) be the custodian of all monies of the bush fire brigade; and\n(e) regularly inform the Secretary of the names of those brigade members who have paid their\nmembership fees.\n(f) report on the financial position at meetings of the bush fire brigade or Committee.\n3.5 Brigade Training Officer\n(1) The Brigade Training Officer is responsible for the management and co‐ordination of brigade\ntraining in conjunction with the local government, including the documentation of these activities.\nThe position is not required to perform active operational duties and may be inclusive to an\noperational position held within the brigade.\n(2) Duties and Responsibilities of the Brigade Training Officer may include—\n(a) Ensure brigade members maintain necessary skill levels equivalent to the competency\nstandards required by the local government and as recommended by DFES;\n(b) Ensure regular training sessions are conducted within the brigade to maintain currency of\nqualifications and skills;\n(c) Maintain accurate records of training undertaken by members and ensure that qualification\nand training updates are forwarded to the local government;\n\n31 October 2023 GOVERNMENT GAZETTE, WA 3547\n(d) Provide mentoring for members who express an interest in training to encourage future\nfacilitators; and\n(e) Provide, no later than 1 September of each year, a report to the local government of any\nidentified training needs of the bush fire brigade\n3.6 Equipment Officer\nThe Equipment Officer is responsible for the custody and maintenance in good order and condition of\nall protective clothing, equipment and appliances provided by the local government to the bush fire\nbrigade (or of the bush fire brigade).\n3.7 Storage of equipment\n(1) The Equipment Officer may store all of the equipment of the bush fire brigade at a place approved\nby the Captain (the \"station\").\n(2) If there is to be more than one station in the brigade area, the Equipment Officer is to appoint in\nrespect of each station a person who is responsible for the custody and maintenance in good order\nand condition of all equipment and appliances at the station, subject to any direction of the\nEquipment Officer.\n3.8 Equipment Officer to report\nThe Equipment Officer is to provide, no later than 30 June of each year, a report to the local government\nand bush fire brigade captain describing the nature, quantity and quality of all protective clothing,\nequipment and appliances of the bush fire brigade which are generally available within the bush fire\nbrigade area (or at a station of the bush fire brigade).\nPART 4—COMMITTEE\n4.1 Management of bush fire brigade\n(1) Subject to the provisions of these Rules, the administration and management of the affairs of the\nbush fire brigade are vested in the Committee.\n(2) Without limiting the generality of subclause (1), the Committee is to have the following functions—\n(a) to recommend to the local government amendments to these Rules;\n(b) to draft the annual budget for the bush fire brigade and present it at the annual general\nmeeting of the bush fire brigade;\n(c) to propose a motion for consideration at any meeting of the bush fire brigade;\n(d) to recommend to the local government equipment which needs to be supplied by the local\ngovernment to the bush fire brigade;\n(e) to invest or place on deposit any of the funds of the bush fire brigade not immediately required\nto perform the normal brigade activities;\n(f) to delegate to a person, as from time to time thought fit, any functions (being less than the total\nfunctions of the Committee) on any conditions it thinks fit;\n(g) to do all things necessary or convenient in order to perform any of its functions and to secure\nthe performance of the normal brigade activities by the bush fire brigade; and\n(h) deal with membership applications, grievances, disputes and disciplinary matters.\n4.2 Constitution of Committee\n(1) The Committee of the bush fire brigade is to consist of the brigade officers being the Captain,\nSecretary, Treasurer, Bush Fire Control Officer, Brigade Training Officer, Equipment Officer and\nthe Lieutenants and any other brigade members as may be determined by the Committee from\ntime to time.\n(2) The brigade officers are to—\n(a) be elected at the annual general meeting of the bush fire brigade;\n(b) hold office until the next annual general meeting; and\n(c) be eligible for re-election at the next annual general meeting.\n(3) Any brigade officer may be removed from office by an absolute majority decision of the brigade\nmembers present in person or by proxy at a special meeting called for such a purpose.\n(4) The Committee may appoint a brigade member to fill a vacancy in any office arising from a\nresolution under subclause (3) or which has arisen for any other reason.\nPART 5—MEETINGS OF BUSH FIRE BRIGADE\n5.1 Ordinary meetings\n(1) Ordinary meetings may be called at any time by the Secretary by giving at least 7 days' notice to\nall brigade members and to the Chief Fire Control Officer, for the purpose of—\n(a) organising and checking equipment;\n(b) requisitioning new or replacement equipment;\n(c) organising field excursions, training sessions, hazard reduction programs, and the preparation\nof fire-breaks;\n(d) establishing new procedures in respect of any of the normal brigade activities; and\n(e) dealing with any general business.\n\n3548 GOVERNMENT GAZETTE, WA 31 October 2023\n(2) In a notice given under subclause (1), the Secretary is to specify the business which is to be\nconducted at the meeting.\n(3) Business may be conducted at an ordinary meeting of the bush fire brigade notwithstanding that\nit was not specified in a notice given under subclause (1) in relation to that meeting.\n5.2 Special meetings\n(1) The Secretary is to call a special meeting when 5 or more brigade members request one in writing.\n(2) At least 2 days' notice of a special meeting is to be given by the Secretary, to all brigade members\nand to the Chief Bush Fire Control Officer.\n(3) In a notice given under subclause (2) the Secretary is to specify the business which is to be\nconducted at the meeting.\n(4) No business is to be conducted at a special meeting beyond that specified in a notice given under\nsubclause (2) in relation to that meeting.\n5.3 Annual general meeting\n(1) At least 7 days' notice of the annual general meeting is to be given by the Secretary to all brigade\nmembers and to the Chief Bush Fire Control Officer.\n(2) At the annual general meeting the bush fire brigade is to—\n(a) elect the brigade officers from among the brigade members;\n(b) consider the Captain's report on the year's activities;\n(c) adopt the annual financial statements;\n(d) appoint an Auditor for the ensuing financial year in accordance with clause 5.6; and\n(e) deal with any general business.\n(3) In a notice given under subclause (1), the Secretary is to specify the business which is to be\nconducted at the meeting.\n(4) Business may be conducted at an annual general meeting notwithstanding that it was not specified\nin a notice given under subclause (1) in relation to that meeting.\n5.4 Quorum\n(1) The quorum for a meeting of the bush fire brigade is at least 50% of the number of offices (whether\nvacant or not) of member of the bush fire brigade.\n(2) No business is to be transacted at a meeting of the bush fire brigade unless a quorum of brigade\nmembers is present in person or by proxy.\n5.5 Voting\nEach brigade member is to have one vote, however in the event of an equality of votes, the Captain (or\nperson presiding) may exercise a casting vote.\n5.6 Auditor\n(1) The brigade shall supply on request to the City the brigade's full financial records for the financial\nyear.\n(2) The City may request the brigade's financial and accounting records for a review at any time.\nPART 6—MEETINGS OF COMMITTEE\n6.1 Meetings of Committee\n(1) The Committee is to meet for the despatch of business, adjourn and otherwise regulate its meeting\nas it thinks fit.\n(2) The Captain or Secretary may convene a meeting of the Committee at any time.\n6.2 Quorum\nNo business is to be transacted at a meeting of the Committee unless a quorum of 3 brigade officers are\npresent in person.\n6.3 Voting\nEach brigade officer is to have one vote, however in the case of an equality of votes, the Captain (or\nperson presiding) may exercise a casting vote.\nPART 7—GENERAL ADMINISTRATION MATTERS\n7.1 Fees\n(1) The membership fees, if any, for each type of member for the ensuing 12 months are to be\ndetermined by the bush fire brigade at the annual general meeting.\n(2) Subject to subclause (3), a member is to pay the membership fees for her or his type of membership\non or before 1 May.\n(3) The bush fire brigade may exempt a brigade member, or a class of membership, from the payment\nof membership fees, for such period and on such conditions as the bush fire brigade may determine.\n7.2 Funds\nThe funds of the bush fire brigade are to be used solely for the purpose of promoting the objects of the\nbush fire brigade.\n\n31 October 2023 GOVERNMENT GAZETTE, WA 3549\n7.3 Financial year\nThe financial year of the bush fire brigade is to commence on 1 July and is to end on 30 June of the\nfollowing year.\n7.4 Banking\n(1) The funds of the bush fire brigade are to be placed in a bank account and are to be drawn on\n(whether electronically or otherwise) only jointly by any 2 of the Captain, Secretary or Treasurer.\n(2) If the Secretary/Treasurer is a combined position, the Captain and Secretary/Treasurer are to be\nthe two signatories referred to in subclause (1).\n7.5 Disclosure of interests\n(1) A brigade member shall disclose to the bush fire brigade or Committee any financial interest\n(whether direct or indirect) he or she may have in any matter being considered by the bush fire\nbrigade or Committee, as appropriate.\n(2) If a financial interest has been disclosed under subclause (1), then the bush fire brigade or\nCommittee, as appropriate, is to decide, in the absence of the brigade member who disclosed that\ninterest, whether or not the brigade member is to be permitted to vote on that matter.\n(3) Where the bush fire brigade or Committee, as appropriate, decides under subclause (2), that a\nbrigade member is not to be permitted to vote on a matter, and the brigade member votes on the\nmatter, then her or his vote is to be taken to have no effect and is not to be counted.\n7.6 Disagreements\n(1) Any disagreement between brigade members may be referred to either the Captain or to the\nCommittee.\n(2) Where a disagreement in subclause (1) is considered by the Captain or the Committee to be of\nimportance to the interests of the bush fire brigade, then the Captain or the Committee, as the case\nmay be, is to refer the disagreement to the annual general meeting, an ordinary meeting or a special\nmeeting of the bush fire brigade.\n(3) The local government is the final authority on matters affecting the bush fire brigade, and may\nresolve any disagreement which is not resolved under subclause (1) or (2).\nPART 8—NOTICES AND PROXIES\n8.1 Notices\n(1) Notices of meetings of the bush fire brigade are to be in writing and sent (by ordinary post or\nelectronic communication) to the registered address of each brigade member.\n(2) Notices of meetings of the Committee may be given in writing in accordance with subclause (1) or\nby such other means as the Committee may decide (by an absolute majority) at a meeting of the\nCommittee.\n(3) Any accidental omission to give notice of a meeting to, or non-receipt by a person entitled to receive\nsuch notice, is not to invalidate the meeting the subject of the notice or any resolutions passed at\nthe meeting.\n(4) Where any notice other than a notice of meeting is to be given under these Rules, the notice is to\nbe—\n(a) in writing;\n(b) unless otherwise specified, given to or by the Secretary;\n(c) given by—\n(i) personal delivery;\n(ii) electronic communication;\n(iii) post; or\n(iv) facsimile transmission;\n(d) taken to have been received, as the case may be—\n(i) at the time of personal delivery;\n(ii) on the following day following the receipt of the electronic communication;\n(iii) 2 business days after posting; or\n(iv) on the printing of the sender's transmission report.\n8.2 Proxies\n(1) Where under these Rules a brigade member may vote by proxy, in order for the proxy to so vote,\nthe brigade member or the proxy shall give a notice in the form of that appearing in this clause, to\nthe Secretary or the person presiding at the meeting before the start of the meeting at which the\nproxy is to be used.\n(2) A proxy is to be valid for the meeting for which it is given and for any adjournments of that meeting.\n(3) A proxy shall be valid for the number of votes to which the brigade member is entitled.\n(4) If the donor of the proxy does not give any indication of the manner in which the proxy is to vote,\nthe proxy shall be entitled to vote or not vote as he or she thinks fit.\n(5) A proxy shall be entitled to speak on behalf of the donor of the proxy.\n\n3550 GOVERNMENT GAZETTE, WA 31 October 2023\n(6) All forms appointing proxies deposited under subclause (1) are to be retained by the Secretary for\nnot less than 28 days after the conclusion of the meeting to which they relate but if there is any\nobjection to the validity of any vote at the meeting, they are to be retained until the determination\nof that objection.\n(7) The form appointing a proxy shall be in writing and signed by the brigade member appointing the\nproxy and shall be in or substantially in the form set out below—\n\"PROXY\n[INSERT NAME] BUSH FIRE BRIGADE\n[ANNUAL] [EXTRAORDINARY] GENERAL MEETING\nTO BE HELD ON [DATE]\nI, _________________________________________,\nBeing a brigade member appoint _________________________ to be my proxy and vote on my behalf at\nthe meeting of the bush fire brigade to be held on [insert date] and at any adjournment of it. The proxy\nshall vote as follows—\nMOTION FOR AGAINST ABSTAIN\n1. . . . . . . . . . . . .\n2. . . . . . . . . . . . .\nIf there is no instruction to the proxy as to the way to vote, the proxy shall exercise her or his discretion\nas to how to vote or whether to vote at all. In respect of any vote taken at the meeting on a matter which\ndoes not appear on the agenda, the proxy shall exercise her or his discretion as to the way he or she\ncasts the vote or whether it is cast at all.\nDate: ________________________\nSigned: ______________________\nNOTE: To be valid this proxy must be completed and returned to the Secretary of the bush fire brigade\n(or the presiding member) prior to the commencement of the meeting for which the proxy is valid.\nDated this day of 20 . . . . . .\n————\nDated this 18th of October 2023.\nThe Common Seal of the City of Busselton was affixed by authority of a resolution of the Council in the\npresence of—\nGRANT DOUGLAS HENLEY, Mayor.\nANTHONY GRAHAM NOTTLE, Chief Executive Officer.\n———————————\nLG402\nLOCAL GOVERNMENT ACT 1995\nCity of Armadale\nBASIS OF RATES\nI, Tim Fraser, being delegated by the Minister of the Crown to whom the administration of the Local\nGovernment Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,\nhereby, and with effect from 19 October 2023, determined that the method of valuation to be used by\nthe City of Armadale as the basis for a rate in respect of the land referred to in the Schedule is to be\nthe gross rental value of the land;\nSchedule\nDesignated Land\nUV to GRV All those portions of land being Lots 492 to 494 inclusive, Lots 1046 to 1048 inclusive,\nLot 1068, Lots 1290 to 1292 inclusive, Lot 1297, Lot 1298, Lots 1335 to 1337 inclusive,\nLot 1352, Lot 1353, Lots 1395 to 1404 inclusive, Lots 1418 to 1428 inclusive, Lots\n1430 to 1432 inclusive, Lot 1574 and Lot 1575 as shown on Deposited Plan 63680.\nTIM FRASER, Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n\n31 October 2023 GOVERNMENT GAZETTE, WA 3551\nLG403\nBUSH FIRES ACT 1954\nFIRE MANAGEMENT 2023/24 FIRE SEASON\nCity of Wanneroo\nFIRE MANAGEMENT TEAM\nAuthorised: Bush Fires Act 1954—Bush Fire Control Officers\nIt is hereby advised that the following officers have been appointed for the City of Wanneroo—\nChief Bush Fire Control Officer: Daniel Heptinstall\nDeputy Chief Bush Fire Control Officers: Stephen Foureur, Evan Lawrence Derek Young\nOperational Bush Fire Control Officers: Troy Cole, Sally Hawkins, Wendy Noone, Lance\nDuivenbode, Paul Humphries\nPrescribed Burning Fire Control Officer: Derek Young\nFire Control Officers for Compliance and Enforcement: Craig de Jersey, Clayton Medders,\nSean Pender, Chantelle Dickerson, Kenneth Ostle, Paul Hill, Callum Arnold, Eric Ayers, Matthew\nDouse, Mark Hastle, Steven Winters, Alex Morrison, Nathan Tenni, Roger Mansfield, Erin Bruce,\nDavid Meinen, David Murie, Jared Conti, Dale Evans, Robert Grygorcewicz, Andrew McLeod, Beto\nMadureira, David Garlett, David Bates\nPermit Issuing Only Fire Control Officers: Alma Turner, Lindy Nielsen, Joanne Godfrey,\nStephanie Lunt, Nikki Gatfield, Sarah Straker, Debbie Allen, Danielle Hewett, Claudia Harrison,\nJessica Choules, Jen Kennedy, Ellie Crook, Sandi Guyton, Eric McFarland\nDATES TO REMEMBER\nFirebreaks—\n• Firebreaks must be in place by 1 November and maintained until 30 April each year.\nProhibited Burning Period—\n• ALL burning is prohibited from 1 December to 31 March\n• All burning is prohibited on days of High or above Fire Danger Ratings and if a Total Fire Ban\nor a Harvest, Hot Works and Vehicle Movement Ban is declared\n• Burning of garden waste is prohibited\n• Lighting fires for the purpose of camping or cooking is permitted and requires a 3m clearing of\nall bush and flammable material around the site, unless the Fire Danger Rating is High or\nabove, or the local government provides approval in writing.\nRestricted Burning Periods—\n• The Restricted Burning periods are from 1 September to 30 November and from 1 April to\n31 May each year (subject to change)\n• Burning permits are required during restricted burning periods\n• Garden refuse may be burnt WITHOUT A PERMIT during the restricted burning\nperiods, ensuring the fire is lit between 6pm and 11pm and is completely extinguished before\nmidnight, the material is no more than 1sqm, and only 1 heap is burnt at any one time.\nPERMITS ARE REQUIRED DURING RESTRICTED BURNING PERIODS\nThe City's Fire Control Officers / Permit Issuing Officers are available to issue permits.\nPermits to burn may be obtained—\n- Online at wanneroo.wa.gov.au/burnpermit\n- In person from the City of Wanneroo Civic Centre, 23 Dundebar Road, Wanneroo Mon-Fri\n8.30am—5pm\nEnquiries: Any enquiries should be directed to the Community Emergency Services Manager/Chief\nBush Fire Control Officer, Daniel Heptinstall on 0428 101 132 or the City's Community Safety and\nEmergency Management Service Unit on 9405 5000.\nNOELENE JENNINGS PSM, Acting Chief Executive Officer.\n———————————\n\n3552 GOVERNMENT GAZETTE, WA 31 October 2023\nLG501\nBUSH FIRES ACT 1954\nCity of Wanneroo\nIMPORTANT FIRE MITIGATION NOTICE\nFIRE MITIGATION MEASURES MUST BE IN PLACE BY 1 NOVEMBER AND MAINTAINED\nUNTIL 30 APRIL EACH YEAR\nThis is a requirement under the Bush Fires Act 1954 Section 33.\nFailure to comply with this notice may incur penalties of up to $5,000 and the works required by this\nnotice will be carried out at the expense of the owner/occupier.\nFIRE MANAGEMENT REQUIREMENTS FOR LAND LESS THAN 4000sqm\n• Maintain grasses and inflammable materials with the exception of living trees on the entire\nproperty to a height of no more than 50 millimetres. The entire property is required to be\nmaintained below 50 millimetres from 1 November each year until 30 April the following year.\nOR\n• A 3 metre wide trafficable firebreak as close as possible to all external boundaries of the property\nmust be installed by 1 November each year and maintained until 30 April the following year.\n- If it is not possible to install the firebreak adjacent to the external boundary of the property\ndue to naturally occurring obstacles, it is acceptable to install the firebreak around the obstacle.\nIf this requires the firebreak to be greater than 5 metres away from the external boundary, a\nfirebreak variation is required.\n- Ensure a minimum vertical clearance of 4 metres is maintained along the firebreaks to enable\nvehicles to drive along the firebreaks without access being obstructed.\n• Where a property is affected by an approved bushfire management plan, property owners must still\ncomply with all requirements in this notice and with any additional requirements outlined within\nthat plan.\n• Additional mitigation work may be required by a Fire Control Officer to maintain a 20 metre asset\nprotection zone around buildings.\nFIRE MANAGEMENT REQUIREMENTS FOR LAND GREATER THAN 4000sqm\n• A 3 metre wide trafficable firebreak as close as possible to all external boundaries of the property\nmust be installed by 1 November each year and maintained until 30 April the following year.\n- If it is not possible to install the firebreak adjacent to the external boundary of the property\ndue to naturally occurring obstacles, it is acceptable to install the firebreak around the obstacle.\nIf this requires the firebreak to be greater than 5 metres away from the external boundary, a\nfirebreak variation is required.\n- Ensure a minimum vertical clearance of 4 metres is maintained along the firebreaks to enable\nvehicles to drive along the firebreaks without access being obstructed.\n• Install and maintain a 20 metre bare earth area around all hay stacks and/or fuel storage.\n• Where a property is affected by an approved bushfire management plan, property owners must still\ncomply with all requirements in this notice and with any additional requirements outlined within\nthat plan.\n• Additional mitigation work may be required by a Fire Control Officer to maintain a 20 metre asset\nprotection zone around buildings.\nALL VACANT LAND GREATER THAN 4000sqm\n• A 3 metre wide trafficable firebreak as close as possible to all external boundaries of the property\nmust be installed by 1 November each year and maintained until 30 April the following year.\n• Ensure a minimum vertical clearance of 4 metres is maintained along the firebreaks to ensure\nvehicles can drive along the firebreaks without being impeded by tree branches.\n• If the land is an area of 50,000sqm (5 hectares) or greater, the grass must be maintained on the\nland to a height no greater than 50 millimetres for a distance of 10 metres from any firebreak.\nFor further information call the City of Wanneroo Community Safety and Emergency Management\nTeam on 9405 5000 or visit wanneroo.wa.gov.au/bushfireprevention .\nNOELENE JENNINGS PSM, Acting Chief Executive Officer.\n\n31 October 2023 GOVERNMENT GAZETTE, WA 3553\nPARLIAMENT\nPA401\nPARLIAMENT OF WESTERN AUSTRALIA\nRoyal Assent to Bills\nIt is hereby notified for public information that the Governor has Assented in the name and on behalf\nof His Majesty the King, on the date shown, to the undermentioned Acts passed by the Legislative\nCouncil and the Legislative Assembly during the First Session of the Forty First Parliament.\nTitle of Act Date of Assent Act No.\nWorkers Compensation and Injury Management Act 2023 24 October 2023 21 of 2023\nWorkers Compensation and Injury Management Amendment\nAct 2023\n24 October 2023 22 of 2023\nAboriginal Heritage Legislation Amendment and Repeal Act 2023 24 October 2023 23 of 2023\nMarine Safety (Domestic Commercial Vessel National Law\nApplication) Act 2023\n24 October 2023 24 of 2023\nDated 25 October 2023.\nMs KIRSTEN ROBINSON, Clerk of the Parliaments.\nPLANNING\nPL401\nPLANNING AND DEVELOPMENT ACT 2005\nNOTICE OF AMENDMENT TO INSTRUMENT OF DELEGATION\nDEL 2018/01 Powers of Officers (as amended)\nDelegation to officers of certain functions of the Western Australian Planning Commission as gazetted\non 3 October 2018 (and as amended) (Government Gazette No.150).\nPreamble\nUnder section 16 of the Planning and Development Act 2005 (the Act), the Western Australian Planning\nCommission (WAPC) may, by resolution published in the Government Gazette, delegate any function to\na member, committee or officer of the WAPC or to a public authority or to a member or officer of a public\nauthority.\nIn accordance with section 16 (4) of the Act, a reference in this instrument to a function or power of the\nWAPC includes and extends to, without limitation or restriction, any of the powers, privileges,\nauthorities, discretions, duties and responsibilities vested in or conferred on the WAPC by the Act or\nany other written law as the case requires.\nResolution under section 16 of the Act (delegation)\nOn 25 October 2023, pursuant to section 16 of the Act, the WAPC resolved—\n1. TO AMEND the Instrument of Delegation 'Delegation to Officers of Certain Powers and functions\nof the Western Australian Planning Commission 2018/01' published in the Government Gazette on\n3 October 2018 (as amended) to give effect to this delegation as set out in the attached Schedule.\n————\n\n3554 GOVERNMENT GAZETTE, WA 31 October 2023\nSchedule 1\n1. Instrument of delegation amended\nThe amendments within this Schedule are to the Schedules set out in the Instrument of Delegation\n2018/01 to officers of certain powers and functions of the Western Australian Planning Commission\npublished in the Government Gazette 3 October 2018, and as amended and consolidated in the\nGovernment Gazette on 16 December 2022.\n2. Amendment to Schedule 6—Powers under the Metropolitan Region Scheme\n(a) The text at the heading 'Schedule 6—Powers under the Metropolitan Region Scheme' is deleted\nand replaced with the following—\nSchedule 6—Powers under and regarding the Metropolitan Region Scheme\n(b) The following row is inserted into Schedule 6 after item 6.7:\nMinor—basic amendment to Metropolitan\nRegion Scheme\n6.8. Power to submit to\nthe Minister for Planning\na proposed minor basic\namendment to the\nMetropolitan Region\nScheme and a report and\nrecommendation on the\nproposed amendment in\naccordance with s62(1A)\nof the Act.\n• Chairperson of the\nWAPC\n• Director General\n• Assistant Director\nGeneral, Land use\nPlanning\n• Executive Director, Land\nUse Planning\n• Planning Director,\nSchemes and Strategies\nExcludes the power to\nrecommend the Minister\nrefuses approval to what is\nsought.\nProvided the recommendation\nwould be—\n• consistent with the\nobjectives and intent of\nany policies (if any) of\nthe WAPC and any\napplicable State\nPlanning Policies;\n• the recommendation\ndoes not substantially\nmodify the proposed\namendment; and\n• the recommendation is\nnot inconsistent with\nany submissions\nreceived.\n3. Amendment to Schedule 7—Powers under the Peel Region Scheme\n(a) The text at the heading 'Schedule 7—Powers under the Peel Region Scheme' is deleted and\nreplaced with the following—\nSchedule 7—Powers under and regarding the Peel Region Scheme\n(b) The following row is inserted into Schedule 7 after item 7.9:\nMinor—basic amendment to Peel Region\nScheme\n7.10. Power to submit to\nthe Minister for Planning\na proposed minor basic\namendment to the Peel\nRegion Scheme and a\nreport and\nrecommendation on the\nproposed amendment in\naccordance with s62(1A)\nof the Act.\n• Chairperson of the\nWAPC\n• Director General\n• Assistant Director\nGeneral, Land use\nPlanning\n• Executive Director, Land\nUse Planning\n• Planning Director,\nSchemes and Strategies\nExcludes the power to\nrecommend the Minister\nrefuses approval to what is\nsought.\nProvided the recommendation\nwould be—\n• consistent with the\nobjectives and intent of\nany policies (if any) of\nthe WAPC and any\napplicable State\nPlanning Policies;\n• the recommendation\ndoes not substantially\nmodify the proposed\namendment; and\n• the recommendation is\nnot inconsistent with\nany submissions\nreceived.\n4. Amendment to Schedule 8—Powers regarding the Greater Bunbury Region Scheme\n(a) The text at the heading 'Schedule 8—Powers under the Greater Bunbury Region Scheme' is\ndeleted and replaced with the following—\nSchedule 8—Powers under and regarding the Greater Bunbury Region Scheme\n(b) The text at Item 8.13 in columns 1,2 and 3 is deleted.\n\n31 October 2023 GOVERNMENT GAZETTE, WA 3555\n(c) The text at Item 8.12 in columns 1,2 and 3 is deleted and replaced with the following:\nMinor—basic amendment to Greater Bunbury\nRegion Scheme\n8.12 Power to submit to\nthe Minister for Planning\na proposed minor basic\namendment to the\nGreater Bunbury Region\nScheme and a report and\nrecommendation on the\nproposed amendment in\naccordance with s62(1A)\nof the Act.\n• Chairperson of the\nWAPC\n• Director General\n• Assistant Director\nGeneral, Land use\nPlanning\n• Executive Director, Land\nUse Planning\n• Planning Director,\nSchemes and Strategies\nExcludes the power to\nrecommend the Minister\nrefuses approval to what is\nsought.\nProvided the recommendation\nwould be—\n• consistent with the\nobjectives and intent of\nany policies (if any) of\nthe WAPC and any\napplicable State\nPlanning Policies;\n• the recommendation\ndoes not substantially\nmodify the proposed\namendment; and\n• the recommendation is\nnot inconsistent with\nany submissions\nreceived.\n———————————\nPL402\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Kwinana\nLocal Planning Scheme No. 2—Amendment No. 161\nRef: TPS/2569\nIt is hereby notified for public information, in accordance with section 87 of the Planning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Kwinana Local Planning\nScheme amendment on 26 September 2023 for the purpose of—\n1. Rezoning parts of Lots 9000, 9002, 9006 and 11 Hoffman Road, Mandogalup from 'Rural A'\nzone to the 'Development' zone; and\n2. Amending the Scheme Map accordingly.\nC. ADAMS, Mayor.\nW. JACK, Chief Executive Officer.\nPUBLIC NOTICES\nZZ401\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nLaurentina Lima Lopes Marques of late of 150 Dundas Road, Inglewood, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 (WA) relates)\nin respect of the estate of the deceased who died on 8 February 2022 are required by the administrator\nJorge Luis Lopes Ferreira to send particulars of their claim to MGD Law of care of PO Box 274 Mount\nHawthorn WA 6915 by the date that is one (1) month from the date of publication of this notice, after\nwhich date the administrator may convey or distribute the assets having regard only to the claims of\nwhich he then has notice.\n———————————\n\n3556 GOVERNMENT GAZETTE, WA 31 October 2023\nZZ402\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nChristopher Joseph Conlan late of 59 Wellington Street, Mosman Park, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 (WA) relates)\nin respect of the estate of the deceased who died on or before 23 October 2021 are required by the\nexecutors Sarah Ann-Marie Conlan Blackman and Grace Frances Conlan to send particulars of their\nclaim to MGD Law of care of PO Box 274 Mount Hawthorn WA 6915 by the date that is one (1) month\nfrom the date of publication of this notice, after which date the executors may convey or distribute the\nassets having regard only to the claims of which they then have notice.\n———————————\nZZ403\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nKathleen Mary Bolt late of Unit 17, 49 Lion Street, Centennial Park, Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on 26 April 2023, are required by the trustee of the late\nKathleen Mary Bolt of care of Philip Wyatt Lawyers, PO Box 1026, Albany, Western Australia 6331 to\nsend particulars of their claims to them within one (1) month from the date of publication of this notice,\nafter which date the trustee may convey or distribute the assets, having regard only to the claims of\nwhich it then has notice.\nDated this 25th day of October 2023.\nPHILIP WYATT LAWYERS.\n———————————\nZZ404\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nDawn Yvonne Ranger late of 72 Huntriss Road, Gwelup, Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on 06/07/2023, are required by the personal\nrepresentatives Christine Dawn McGrath and Linda Marie Ranger c/- Lynn & Brown Lawyers, PO Box\n1114, Morley, WA 6943 to send particulars of their claims to them by the 01/12/2023, after which date\nthe personal representatives may convey or distribute the assets of the estate, having regard only to\nthe claims of which they then have notice.\n———————————\nZZ405\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the matter of the Estate of Geoffrey Walton late formerly of 25 Molloy Circuit, Atwell in the State of\nWestern Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect to the estate of the deceased who died on 16 February 2023 are required by the Administrator\nCampbell Paul Walton to send particulars of their claims to PO Box 3819 Success WA 6964 within 1\nmonth of publication of this notice after which date the administrator may convey or distribute the\nassets, having regard only to the claims of which they then have notice.\n———————————\n\n31 October 2023 GOVERNMENT GAZETTE, WA 3557\nZZ406\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nMargaret Spencer formerly of late of 104 Ormsby Terrace, Mandurah, Western Australia, Home Duties,\ndeceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased who died on 15 February 2023 are required by the personal\nrepresentative to send particulars of their claims to the care of Amanda Liston Legal, PO Box 4234,\nMandurah WA 6210 within 4 weeks from the date of this advertisement after which date the personal\nrepresentative may convey or distribute the assets having regard to the claims of which he/she then\nhas notice.\nAMANDA LISTON LEGAL as solicitors for the personal representative.\n———————————\nZZ407\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nJade Stephen McPherson, late of 18 Persoonia Close, Gidgegannup, Western Australia, Sports Coach,\ndeceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in\nrespect of the estate of the deceased who died on 15 December 2022 are required by the Administrator\nDebrah-Jane Elizabeth Cameron of care of Birman & Ride, Level 3, 16 Irwin Street, Perth WA 6000 to\nsend particulars of their claims to her by the date being one month from the date of publication of this\nnotice after which date the Administrator may convey or distribute the assets having regard only to the\nclaims of which she then has notice.\n———————————\nZZ408\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nKelvin George Washer late of 45 Upperthong Street, Bullsbrook, Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on or before 26/12/2022, are required by the personal\nrepresentative Robbie William Aaron Legget c/- Lynn & Brown Lawyers, PO Box 1114, Morley, WA\n6943 to send particulars of their claims to him by the 01/12/2023, after which date the personal\nrepresentative may convey or distribute the assets of the estate, having regard only to the claims of\nwhich he then has notice.\n———————————\nZZ409\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nJacqueline Brigden, late of 18 Knaphill Heights Mirrabooka Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the above-named deceased, who died on the 23rd day of March 2023, are required\nby the Administrator Yasmin Patricia Green to send the particulars of their claims to Yasmin Green of\n51 Mataro Drive Dayton Western Australia 6056 within one (1) month of the date of publication of this\nnotice after which date the Administrator may convey or distribute the assets, having regard only to\nthe claims of which they then have notice.\n———————————\n\n3558 GOVERNMENT GAZETTE, WA 31 October 2023\nZZ410\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nPamela Copeland late of 20 Bright Road, Calista, Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on 29/03/2023, are required by the personal\nrepresentative Ann Helen John c/- Lynn & Brown Lawyers, PO Box 1114, Morley, WA 6943 to send\nparticulars of their claims to her by the 01/12/2023, after which date the personal representative may\nconvey or distribute the assets of the estate, having regard only to the claims of which she then has\nnotice.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The local law replaces the City’s 1968 by‑laws (cl.1.3) but retains the same core scope: establishment, organisation and regulation of bush fire brigades across the City (cl.1.4; cl.2.1). It does not expand geographic reach beyond the district but adds far more detailed governance, membership, reporting and funding procedures (see cl.2.2; cl.3.5; cl.4.1; cl.6.3 and the First Schedule Rules)."},"complexity_factors":["Cross-reference to the Bush Fires Act 1954 and the Department's Bush Fire Operating Procedures (definitions and operational command: cl.1.2; cl.2.3).","Detailed appointment and role structure for multiple officer positions and succession rules (cl.2.2; cl.2.3; First Schedule Parts 3 & 4).","Multiple membership categories with age, training and participation restrictions (cl.4.1–4.6).","Committee governance, voting, quorum, proxies and rights of review/objection (First Schedule Parts 1, 4, 5, 8; cl.2.11).","Reporting and administrative deadlines (annual general meeting timing cl.3.6; member lists and incident reporting cl.3.9; First Schedule cl.3.3(1)(e),(g); cl.4.8).","Financial controls and audit/inspection rights, budget request timetable and joint signatory rules (cl.6.3–6.4; First Schedule Parts 7 & 3.4–3.6).","Local government discretion points: establishing/dissolving brigades, appointing officers, funding decisions and final authority on disputes (cl.2.1; cl.2.6–2.7; cl.3.1; First Schedule cl.7.6).","Transition and repeal of prior by‑laws with automatic transfer of existing brigades into the new regime (cl.1.3; cl.2.5)."],"plain_english_summary":"Sets out how the City of Busselton will create, run and, if necessary, dissolve local bush fire brigades. It replaces the 1968 by‑laws and gives the City authority to name brigades, appoint officers, set membership rules, require training and reporting, and manage funding requests and equipment. The rules matter to brigade members and officers, the City (which appoints and may fund brigades), and anyone interacting with brigade operations because they define duties, decision‑makers and compliance steps."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and governing volunteer bush fire brigades. While it replaces 1968 by-laws and modernises the governance structure, it has not expanded beyond the core function of organising volunteer fire services for the City of Busselton."},"complexity_factors":["Moderate length with 7 main parts plus a detailed First Schedule containing operational rules","14 defined terms in the interpretation section (clause 1.2), plus additional definitions in the First Schedule","Cross-references to the Bush Fires Act 1954, Regulations, and Bush Fire Operating Procedures throughout","Nested conditional logic in membership rules (e.g., cadet restrictions in clause 4.5 with multiple sub-conditions)","Dual governance structure — local law plus First Schedule 'Rules' creating overlapping but distinct obligations","Specific procedural requirements (e.g., 14-day notice periods, quorum calculations, proxy form specifications)","Transitional provisions for existing brigades (clause 2.5) creating parallel application rules"],"plain_english_summary":"This local law creates the legal framework for volunteer bush fire brigades in the City of Busselton, defining brigade organisation, command at incidents, membership categories (including cadets and trainees), governance, financial reporting and annual equipment returns. It also lets the council appoint, fund or dissolve brigades.\n\nIt affects volunteer firefighters, the local council and property owners who rely on brigade protection, modernising outdated by-laws to improve accountability, safety and clear decision‑making."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-busselton-bush-fire-brigade-local-law-2023","history":"/api/acts/city-of-busselton-bush-fire-brigade-local-law-2023/history","analysis":"/api/acts/city-of-busselton-bush-fire-brigade-local-law-2023/analysis","conflicts":"/api/acts/city-of-busselton-bush-fire-brigade-local-law-2023/conflicts","importantCases":"/api/acts/city-of-busselton-bush-fire-brigade-local-law-2023/important-cases","documents":"/api/acts/city-of-busselton-bush-fire-brigade-local-law-2023/documents"}}