{"id":"wa-local:busselton-city-of-city-of-busselton-dogs-local-law-2023","name":"City of Busselton - Dogs Local Law 2023","slug":"city-of-busselton-dogs-local-law-2023","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437281,"registerId":"wa-local:busselton-city-of-city-of-busselton-dogs-local-law-2023-pdf-1775954200400","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Busselton - Dogs Local Law 2023","content":"31\nISSN 2204-4264 (online)\nPERTH, FRIDAY, 12 JANUARY 2024 No. 4\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nCONTENTS\nPage\nAerial Advertising.............................................................................................................................. 33\nEducation ........................................................................................................................................... 34\nFire and Emergency Services ............................................................................................................ 40\nFisheries ............................................................................................................................................. 40\nLocal Government .............................................................................................................................. 41\nMinerals and Petroleum .................................................................................................................... 49\nPlanning ............................................................................................................................................. 50\nPublic Notices..................................................................................................................................... 58\nRottnest Island................................................................................................................................... 55\nTraining.............................................................................................................................................. 57\n\nIMPORTANT COPYRIGHT NOTICE\n© State of Western Australia\nThis work is copyright. Apart from any use as permitted under the\nCopyright 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\nGovernment 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\nGovernment Gazettes containing notices of an urgent or particular nature are published\nperiodically.\nThe following guidelines should be followed to ensure publication in the\nGovernment 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.\nIf original copy is forwarded later and\npublished, the cost will be borne by the advertiser.\nGOVERNMENT GAZETTE\nPUBLISHING DETAILS FOR\nAUSTRALIA DAY 2024\nThe Government Gazette will not be published on\nFriday 26th January.\nThe next edition will be published on Tuesday 30th January.\nCopy for this publication will close 11am Monday 29th January.\n\n12 January 2024 GOVERNMENT GAZETTE, WA 33\nAERIAL ADVERTISING\nAX401\nMAJOR EVENTS (AERIAL ADVERTISING) ACT 2009\nEVENT ORDERS\nThe Minister for Sport and Recreation Hon David Templeman, MLA, has declared the following event\nto be subject to an Event Order under the Act.\nTable 1: Optus Stadium: Schedule of events from February to June 2024\nDate Location /\nVenue Event/s\nEvent\nStart\ntime/s\nEvent\nOrder\nStart\ntime/s\nEvent\nFinish\ntime/s\nEvent\nOrder\nFinish\ntime/s\n24/02/24 Optus\nStadium\nWWE—Elimination\nChamber 07:00 07:00 23:59 23:59\n17/03/24 Optus\nStadium\nAFL Round 1—Fremantle v\nBrisbane 15:50 13:50 18:20 19:50\n24/03/24 Optus\nStadium\nAFL Round 2—West Coast v\nGWS 15:50 13:50 18:20 19:50\n29/03/24 Optus\nStadium\nAFL Round 3—Fremantle v\nAdelaide 16:20 14:20 18:50 20:20\n14/04/24 Optus\nStadium\nAFL Round 5—West Coast v\nRichmond 14:00 12:00 16:30 18:00\n20/04/24 Optus\nStadium\nAFL Round 6—West Coast v\nFremantle 18:10 16:10 20:40 22:10\n27/04/24 Optus\nStadium\nAFL Round 7—Fremantle v\nWestern Bulldogs 17:30 15:30 20:00 21:30\n04/05/24 Optus\nStadium\nAFL Round 8—West Coast v\nEssendon 18:10 16:10 20:40 22:10\n10/05/24 Optus\nStadium\nAFL Round 9—Fremantle v\nSydney 18:20 16:20 20:50 22:20\n19/05/24 Optus\nStadium\nAFL Round 10—West Coast\nv Melbourne 16:20 14:20 18:50 20:20\n24/05/24 Optus\nStadium\nAFL Round 11—Fremantle\nv Collingwood 14:00 12:00 16:30 18:00\n01/06/24 Optus\nStadium\nAFL Round 12—West Coast\nv St Kilda 14:35 12:35 17:05 18:35\n08/06/24 Optus\nStadium\nAFL Round 13—West Coast\nv North Melbourne 14:35 12:35 17:05 18:35\n23/06/24 Optus\nStadium\nAFL Round 15—Fremantle\nv Gold Coast 14:00 12:00 16:30 18:00\nPlace at event/s conducted –\nOptus Stadium\nEvent Organiser –\nVenuesLive\nThe manner in which the event organiser must publicise that the event is covered by the\nevent order—\nIn all advertisements for the above-mentioned matches in the West Australian newspaper and prior to\nthe events\nEvent Order Conditions—\nThere are no conditions applied\n\n34 GOVERNMENT GAZETTE, WA 12 January 2024\nEDUCATION\nED401\nSCHOOL EDUCATION ACT 1999\nNON-GOVERNMENT SCHOOLS FUNDING ORDER 2024\nMade by the Minister for Education under section 183 of the\nSchool Education Act 1999.\n1. Citation\nThis order may be cited as the Non-Government Schools Funding Order 2024.\n2. Application\nThis Order applies for the year commencing on 1 January 2024.\n3. Interpretation\nIn this Order, unless the contrary intention appears—\nAct means the\nSchool Education Act 1999;\nattendance data report means an application for funding by schools in funding category ‘H’\nreferred to in clause 21(3);\nchief executive officer has the same meaning as in section 151 of the Act;\neligible school means a registered school described in clause 5;\neligible student means a student described in clause 6;\nfull-time equivalent has the meaning specified;\nfunding means funding referred to in clause 8;\nfunding category means a category specified in column 1 of the table in Part 1 of the Schedule;\nGuidelines means the Guidelines issued by the Minister under clause 23;\nhigh support needs student means an eligible student classified as having high support needs;\nincorporated in respect of a governing body means incorporated in Australia;\nper capita funding application form means an application for funding by schools in a funding\ncategory other than ‘H’ referred to in clause 7;\nschedule means the Schedule to this Order;\nspecial education student means an eligible student classified as having a mild, moderate or\nsevere disability;\nspecified means specified by the Minister, whether in the Guidelines or otherwise;\nstudent census means a student census referred to in clause 21(3) or any other document specified\nas such;\nTalkabout 4 student means an eligible student classified as being enrolled in Telethon Speech\nand Hearing’s “Talkabout 4” program;\nTalkabout 5 student means an eligible student classified as being enrolled in Telethon Speech\nand Hearing’s “Talkabout 5” program; and\nTelethon Speech and Hearing means the registered non-government school of that name.\nPART 1—ELIGIBILITY AND APPLICATION FOR FUNDING\n4. Funding\nFunding for the purposes of school education will be paid under and in accordance with this Order and\nthe Guidelines to or for eligible schools which apply for funding in accordance with clause 7. Funding\nwill be—\n(a) in the case of funding referred to in clause 8(1), calculated for an eligible school on the basis of\nits eligible students;\n(b) in the case of funding referred to in clause 8(3), calculated as determined by the Minister; and\n(c) provided on and subject to the conditions, limitations and restrictions set out in this Order and\nin the Guidelines.\n5. Eligible Schools\nAn eligible school is a registered school which satisfies all of the following criteria at the relevant point\nin time—\n(a) its governing body is incorporated or the Minister has otherwise approved its status for the\npurposes of this clause;\n(b) there is not in effect a determination of the Minister that the registered school is conducted for\nprofit for the purposes of this clause; and\n(c) there is not in effect a determination of the Minister that the registered school is ineligible for\nthe purposes of this clause.\n\n12 January 2024 GOVERNMENT GAZETTE, WA 35\n6. Eligible Students\nA student is an eligible student in relation to an eligible school if he or she satisfies all of the following\ncriteria—\n(a) the student is resident in Western Australia;\n(b) the student is enrolled at the eligible school;\n(c) the student is enrolled in a year level of education which is recorded in the register in respect\nof the eligible school and which is no earlier than the pre-compulsory education period for the\nstudent;\n(d) the student is compliant with the specified year level requirements;\n(e) the student has specified citizenship, residency or visa status in Australia;\n(f) the student meets the specified attendance requirements; and\n(g) the student has not turned 21 years of age before 1 January 2024.\n7. Application for Funding\n(1) An eligible school, or a school system for which a system agreement is in force, may apply for\nfunding under clause 8(1) in respect of its eligible students in the manner set out in this clause and\nas specified.\n(2) An application for funding under subclause (1) is to be made, on behalf of the eligible school or\nschool system, by its governing body.\n(3) An application for funding is to be certified as specified.\nPART 2—CALCULATION AND PAYMENT OF FUNDING\n8. Calculation of Funding\n(1) The amount of funding to be paid to the governing body of an eligible school or school system which\nhas made an application under clause 7 will be, in respect of its eligible students—\n(a) a Per Capita Grant for each eligible student, calculated and paid in accordance with clause 9;\n(b) a Special Education Supplementary Per Capita Grant for each eligible student who is a special\neducation student, calculated and paid in accordance with clause 10;\n(c) a High Support Needs Per Capita Grant for each eligible student who is a high support needs\nstudent, calculated and paid in accordance with clause 11;\n(d) a Talkabout 4 Supplementary Per Capita Grant for each eligible student who is a Talkabout 4\nstudent, calculated and paid in accordance with clause 12; and\n(e) a Talkabout 5 Supplementary Per Capita Grant for each eligible student who is a Talkabout 5\nstudent, calculated and paid in accordance with clause 13.\n(2) The funding category for each eligible school is as determined by the Minister.\n(3) In addition to the funding described in subclause (1), other funding may be provided for a registered\nschool or school system at the discretion of and as determined by the Minister.\n9. Calculation and Payment of Per Capita Grant Funding\n(1) A Per Capita Grant amount for a full-time equivalent eligible student of an eligible school is\nspecified in the table in Part 1 of the Schedule, corresponding to the funding category of the eligible\nschool and according to the year level of the full-time equivalent eligible student specified in\ncolumns 2, 3, 4 and 5 of that table. This amount is the Part 1 amount for that full-time equivalent\neligible student.\n(2) Per Capita Grant funding under clause 8(1)(a) for an eligible school in a funding category other\nthan ‘H’ is to be calculated and, unless otherwise determined in accordance with clause 15, paid in\nfour instalments as follows—\n(a) a February instalment equal to the aggregate of 25% of the Part 1 amount for each full-time\nequivalent eligible student properly included in the eligible school’s August 2023 student\ncensus;\n(b) a May instalment equal to the aggregate of 50% of the Part 1 amount for each full-time\nequivalent eligible student properly included in the eligible school’s February 2024 student\ncensus, less the instalment amount paid for the eligible school in February as calculated under\nsubclause (2)(a);\n(c) an August instalment equal to the aggregate of 25% of the Part 1 amount for each full-time\nequivalent eligible student properly included in the eligible school’s February 2024 student\ncensus; and\n(d) an October instalment equal to the aggregate of 50% of the Part 1 amount for each full-time\nequivalent eligible student properly included in the eligible school’s August 2024 student\ncensus, less the instalment amount paid for the eligible school in August as calculated under\nsubclause (2)(c).\n(3) Per Capita Grant funding under clause 8(1)(a) for an eligible school in funding category ‘H’ is to be\ncalculated and, unless otherwise determined in accordance with clause 15, paid in four instalments\nas follows—\n(a) a February instalment equal to the aggregate of 25% of the Part 1 amount for each full-time\nequivalent eligible student properly included in the eligible school’s attendance data report for\nthe November 2023 quarter;\n\n36 GOVERNMENT GAZETTE, WA 12 January 2024\n(b) a May instalment equal to the aggregate of 25% of the Part 1 amount for each full-time\nequivalent eligible student properly included in the eligible school’s attendance data report for\nthe March 2024 quarter;\n(c) an August instalment equal to the aggregate of 25% of the Part 1 amount for each full-time\nequivalent eligible student properly included in the eligible school’s attendance data report for\nthe June 2024 quarter; and\n(d) an October instalment equal to the aggregate of 25% of the Part 1 amount for each full-time\nequivalent eligible student properly included in the eligible school’s attendance data report for\nthe September 2024 quarter.\n10. Calculation and Payment of Special Education Supplementary Per Capita Grant\nFunding\n(1) A Special Education Supplementary Per Capita Grant amount for a full-time equivalent special\neducation student of an eligible school applies as follows—\n(a) mild disability—110 per cent of the relevant Part 1 amount for the full-time equivalent eligible\nstudent;\n(b) moderate disability—210 per cent of the relevant Part 1 amount for the full-time equivalent\neligible student; and\n(c) severe disability—360 per cent of the relevant Part 1 amount for the full-time equivalent\neligible student.\n(2) Special Education Supplementary Per Capita Grant funding under clause 8(1)(b) for an eligible\nschool is to be calculated and, unless otherwise determined in accordance with clause 15, paid in\ntwo instalments as follows—\n(a) a June instalment equal to the aggregate of 50% of the relevant Special Education\nSupplementary Per Capita Grant amount for each full-time equivalent special education\nstudent of the eligible school; and\n(b) an October instalment equal to the aggregate of 50% of the relevant Special Education\nSupplementary Per Capita Grant amount for each full-time equivalent special education\nstudent of the eligible school.\n11. Calculation and Payment of High Support Needs Per Capita Grant Funding\n(1) A High Support Needs Per Capita Grant amount for a full-time equivalent high support needs\nstudent of an eligible school is specified in the table in Part 2 of the Schedule, according to the year\nlevel of the full-time equivalent high support needs student specified in columns 2, 3, 4 and 5 of\nthat table. This amount is the Part 2 amount for that full-time equivalent high support needs\nstudent.\n(2) High Support Needs Per Capita Grant funding under clause 8(1)(c) for an eligible school is to be\ncalculated and, unless otherwise determined in accordance with clause 15, paid in two instalments\nas follows—\n(a) a June instalment equal to—\n(i) the aggregate of 50% of the Part 2 amount for each full-time equivalent high support\nneeds student of the eligible school,\nless\n(ii) all amounts of funding paid or payable in respect of those full-time equivalent high\nsupport needs students under clause 9(2)(a) and (b) or clause 9(3)(a) and (b); and\n(b) an October instalment equal to—\n(i) the aggregate of 50% of the Part 2 amount for each full-time equivalent high support\nneeds student of the eligible school,\nless\n(ii) all amounts of funding paid or payable in respect of those full-time equivalent high\nsupport needs students under clause 9(2)(c) and (d) or clause 9(3)(c) and (d).\n12. Calculation and Payment of Talkabout 4 Supplementary Per Capita Grant Funding\n(1) A Talkabout 4 Supplementary Per Capita Grant amount for a full-time equivalent Talkabout 4\nstudent of Telethon Speech and Hearing, in lieu of Special Education Supplementary Per Capita\nFunding, applies as follows—\n(a) mild disability—110 per cent of the relevant Part 1 amount for the full-time equivalent eligible\nstudent;\n(b) moderate disability—210 per cent of the relevant Part 1 amount for the full-time equivalent\neligible student; and\n(c) severe disability—360 per cent of the relevant Part 1 amount for the full-time equivalent\neligible student.\n(2) Talkabout 4 Supplementary Per Capita Grant funding under clause 8(1)(d) for Telethon Speech\nand Hearing is to be calculated and, unless otherwise determined in accordance with clause 15,\npaid in two instalments as follows—\n(a) a March instalment equal to—\n\n12 January 2024 GOVERNMENT GAZETTE, WA 37\n(i) the aggregate of 50% of the relevant Talkabout 4 Supplementary Per Capita Grant\namount for each full-time equivalent Talkabout 4 student of Telethon Speech and\nHearing,\nless\n(ii) all amounts of funding paid or payable to the enrolled school in respect of those full-time\nequivalent Talkabout 4 students also enrolled in Telethon Speech and Hearing’s Outpost\nprogram under clause 9(2)(a) and (b); and\n(b) a September instalment equal to—\n(i) the aggregate of 50% of the relevant Talkabout 4 Supplementary Per Capita Grant\namount for each full-time equivalent Talkabout 4 student of Telethon Speech and\nHearing,\nless\n(ii) all amounts of funding paid or payable to the enrolled school in respect of those full-time\nequivalent Talkabout 4 students also enrolled in Telethon Speech and Hearing’s Outpost\nprogram under clause 9(2)(c) and (d).\n13. Calculation and Payment of Talkabout 5 Supplementary Per Capita Grant Funding\n(1) A Talkabout 5 Supplementary Per Capita Grant amount for a full-time equivalent Talkabout 5\nstudent of Telethon Speech and Hearing and the eligible school, in lieu of Special Education\nSupplementary Per Capita Funding, is 50% of the combined total of payments otherwise applicable\nfor the full-time equivalent Talkabout 5 student under clause 9 and clause 10.\n(2) Talkabout 5 Supplementary Per Capita Grant funding under clause 8(1)(e) for Telethon Speech\nand Hearing and the eligible school is to be calculated and, unless otherwise determined in\naccordance with clause 15, paid in two instalments as follows—\n(a) a March instalment equal to—\n(i) the aggregate of 50% of the relevant Talkabout 5 Supplementary Per Capita Grant\namount for each full-time equivalent Talkabout 5 student of Telethon Speech and\nHearing and the eligible school,\nless\n(ii) all amounts of funding paid or payable in respect of those full-time equivalent Talkabout\n5 students under clause 9(2)(a) and (b); and\n(b) a September instalment equal to—\n(i) the aggregate of 50% of the relevant Talkabout 5 Supplementary Per Capita Grant\namount for each full-time equivalent Talkabout 5 student of Telethon Speech and\nHearing and the eligible school,\nless\n(ii) all amounts of funding paid or payable in respect of those full-time equivalent Talkabout\n5 students under clause 9(2)(c) and (d).\n14. Variation or Withholding of Payment of Funding\n(1) Subject to subclause (2), a payment of funding for an eligible school may, with the approval of the\nchief executive officer, be increased or decreased to correct an overpayment or an underpayment\npreviously made for that eligible school, whether due to an error in the eligible school’s application\nor student census or otherwise.\n(2) Funding will not be paid in respect of eligible students for any period prior to the 2024 year, except\nfor the February instalment of the Per Capita grant.\n(3) A payment of funding for an eligible school may be withheld or payment recouped for the relevant\nperiod if, in the opinion of the Minister, the eligible school has not provided to the chief executive\nofficer satisfactory evidence of an appropriate claim of funding under Part 4, Division 4 of the Act.\n(4) A payment of funding for an eligible school may be withheld or payment recouped for the relevant\nperiod if, in the opinion of the Minister, the eligible school has not provided to the chief executive\nofficer satisfactory evidence of appropriate acquittal of funding previously provided to the eligible\nschool under Part 4, Division 5 of the Act.\n15. Safeguarding of Funds—Monthly Payments\n(1) Should the Minister consider it necessary in order to ensure that funding to be paid for an eligible\nschool under this Order will be available to be applied for the purposes stipulated in clause 17, the\nMinister may determine that funding for the eligible school is to be paid in equal monthly\ninstalments in the manner determined by the chief executive officer instead of in accordance with\nclauses 9, 10, 11, 12 or 13 (as the case may be).\n(2) The Minister is to notify the governing body of the eligible school in writing if the Minister makes\na determination under subclause (1) as soon as practicable after the making of that determination.\n(3) The Minister may, by notice in advance to its governing body, revoke a determination made under\nsubclause (1) in relation to an eligible school.\n16. Payment Method\nUnless otherwise approved by the chief executive officer, funding paid to a governing body under this\nOrder is to be paid into the bank account of the school or governing body.\n\n38 GOVERNMENT GAZETTE, WA 12 January 2024\nPART 3—APPLICATION AND ACQUITTAL OF FUNDING\n17. Purposes for which Funding May Be Applied\n(1) The governing body of an eligible school must apply, and ensure the application of, Per Capita\nGrant funding received for that eligible school under clause 8(1)(a) only for the purposes of school\neducation.\n(2) The governing body of an eligible school must apply, and ensure the application of, Special\nEducation Supplementary Per Capita Grant funding, High Support Needs Per Capita Grant\nfunding, Talkabout 4 Supplementary Per Capita Grant funding and Talkabout 5 Supplementary\nPer Capita Grant funding received for that eligible school under clause 8(1)(b), (c), (d) and (e) only\nto support the education of the students in respect of whom that funding is paid, either individually\nor collectively.\n(3) The governing body of an eligible school which receives funding under clause 8(3) must apply, and\nensure the application of, that funding for the purpose stipulated by the Minister in allocating the\nfunding.\n18. Distribution of Funding by the Governing Body\n(1) Unless authorised under subclause (2), where—\n(a) a governing body of a school system receives funding for eligible schools in its school system,\nthe governing body must allocate to each school in the school system the funding paid for that\nschool under clause 8; and\n(b) a governing body receives funding as the governing body of more than one eligible school other\nthan as the governing body of a school system, the governing body must allocate to each such\neligible school the funding paid for that eligible school under clause 8.\n(2) The Minister may authorise—\n(a) the governing body of a school system to allocate the funding paid to it under clause 8 among\nthe schools in the school system in a manner approved by the chief executive officer; and\n(b) a governing body which is the governing body for more than one eligible school to allocate the\nfunding paid to it under clause 8 among the eligible schools for which it receives funding, in a\nmanner approved by the chief executive officer,\ninstead of in accordance with subclause (1).\n19. Grant Acquittal and Reporting\n(1) A governing body in receipt of funding under this Order must provide to the chief executive officer\na statement (a funding acquittal) by no later than 30 June 2024 confirming that the funding paid\nto it under this Order has been spent or committed in accordance with this Order.\n(2) A funding acquittal must comply with the specified requirements.\n20. Safeguarding of Funds—Separate Accounting\n(1) The chief executive officer may determine that the governing body of a registered school must\nseparately identify in its accounts the revenue and expenditure related to funding provided under\nthis Order, as from a specified date and in the manner determined by the chief executive officer.\n(2) The chief executive officer is to notify the governing body of the eligible school in writing if the chief\nexecutive officer makes a determination under subclause (1) as soon as practicable after the making\nof that determination and of the date from which the governing body must give effect to the\ndetermination. The chief executive officer’s notice must be given not less than 60 days prior to the\ndate from which the governing body must give effect to the determination and the commencement\nof the governing body’s financial year.\n(3) The chief executive officer may, by notice in advance to its governing body, revoke a determination\nmade under subclause (1) in relation to an eligible school.\n21. Governing Body Records\n(1) The chief executive officer may personally or through any representative conduct an audit to verify\nentitlement to or expenditure of funding or to verify any other matter in connection with this Order\nor the provision of funding. A governing body in receipt of funding under this Order must keep and\nprovide when requested all necessary or appropriate student enrolment and attendance records\nand other records (for example disability assessment and residency status records including, but\nnot limited to, birth certificates, visa documentation, passports and citizenship certificates)\nvalidating a school’s funding application to enable audits to be conducted by the chief executive\nofficer or any representative of the chief executive officer.\n(2) A governing body in receipt of funding under this Order must maintain financial records and\ndocuments to enable audits to be conducted by the chief executive officer or any representative of\nthe chief executive officer in accordance with Australian Accounting Standards and Australian\nAuditing and Assurance Standards.\n(3) A governing body applying for, or in receipt of, funding under this Order must provide, at the times\nand in the form from time to time specified—\n(a) in the case of an eligible school in a funding category other than ‘H’, a per capita funding\napplication form; and\n(b) in the case of an eligible school in funding category ‘H’, an attendance data report,\nin respect of each eligible school for which funding has been provided or for which an application\nfor funding is made.\n\n12 January 2024 GOVERNMENT GAZETTE, WA 39\n22. Notice to be Given to the Chief Executive Officer\nA governing body in receipt of funding under this Order must notify the chief executive officer within\n14 days if any of the following occurs—\n(a) any change to the governing body’s bank account details;\n(b) any change to the governing body’s registration for Goods and Services Tax by the\nCommissioner of Taxation;\n(c) a decision to proceed with the winding up of any eligible school of which it is the governing\nbody;\n(d) the affairs of the governing body or the affairs of any eligible school of which it is the governing\nbody go under any form of external control (for example the control of a voluntary\nadministrator) under a law of the Commonwealth or a State or Territory;\n(e) any change to the relationship between the governing body and one or more eligible schools\ninsofar as it affects the governing body’s ownership, oversight, management or control, or which\nnegatively impacts interaction with an eligible school; and\n(f) any eligible school of which it is the governing body is conducted for profit.\n23. Information Sharing\nInformation pertaining to the funding or eligibility of a governing body, school or students including,\nbut not limited to, in regard to clauses 14, 15, 20, 21 and 22 may be shared with the Commonwealth\nDepartment of Education from time to time as deemed appropriate.\n24. Guidelines\nThe Minister may from time to time issue Guidelines under this Order expressing the principles on\nwhich funding will be provided and assistance given under this Order.\n————\nSCHEDULE\nPart 1\n2024 Per Capita Grants\nColumn 1 Column 2 Column 3 Column 4 Column 5\nState\nFunding\nCategory\nSchool year\nPre-Compulsory\n(Kindergarten)\nSchool year\nCompulsory\nPrimary\n(Pre-Primary to\nYear 6)\nSchool year\nCompulsory Middle\n(Year 7 to Year 10)\nSchool year\nCompulsory\nSecondary\n(Year 11 and Year 12)\n$ $ $ $\nA 2,321 1,548 2,275 2,349\nB 2,675 1,782 2,620 2,889\nC 2,685 1,792 2,632 2,959\nD 2,770 1,846 2,715 3,047\nE 2,906 1,937 2,845 3,181\nF 3,031 2,019 2,968 3,284\nG 3,126 2,084 3,064 3,403\nG (A) 4,656 3,106 4,565 5,066\nH 0 0 4,565 5,066\nI 6,196 4,131 6,073 6,694\nJ 0 8,979 13,200 14,544\nPart 2\n2024 High Support Needs Per Capita Grants\nState\nFunding\nCategory\nSchool year\nPre-Compulsory\n(Kindergarten)\nSchool year\nCompulsory\nPrimary\n(Pre-Primary to\nYear 6)\nSchool year\nCompulsory Middle\n(Year 7 to Year 10)\nSchool year\nCompulsory\nSecondary\n(Year 11 and Year 12)\n$ $ $ $\nA—J 13,392 33,481 33,481 33,481\nDated this 21st day of December 2023.\nHon. Dr TONY BUTI, MLA, Minister for Education.\n\n40 GOVERNMENT GAZETTE, WA 12 January 2024\nFIRE AND EMERGENCY SERVICES\nFE401\nBUSH FIRES ACT 1954\nTOTAL FIRE BAN DECLARATION\nCorrespondence No. D18023\nPursuant to powers delegated under the\nBush Fires Act 1954, the Assistant Commissioner of the\nDepartment of Fire and Emergency Services, declared under Section 22A of the\nBush Fires Act 1954, a\ntotal fire ban for 8 January 2024 for the local government districts of—\nKarratha, Perenjori, Carnamah, Coorow, Dandaragan, Moora, Victoria Plains, Koorda, Dalwallinu,\nWongan-Ballidu, Toodyay, Dowerin, Goomalling, Northam, Chittering, Gingin, Mundaring, Swan,\nArmadale, Gosnells, Kalamunda, Murray, Serpentine-Jarrahdale, Collie, Dardanup, Harvey,\nWaroona, Bridgetown-Greenbushes, Boyup Brook, Donnybrook-Balingup, Cranbrook, Kojonup,\nPlantagenet, Gnowangerup, Broomehill-Tambellup, Katanning, Boddington, Wagin, West Arthur.\nDated 7th January 2024.\nJON BROOMHALL, Assistant Commissioner of the Department of\nFire and Emergency Services, as a sub-delegate of the Minister\nunder section 16 of the\nFire and Emergency Services Act 1998.\n———————————\nFE402\nBUSH FIRES ACT 1954\nTOTAL FIRE BAN DECLARATION\nCorrespondence No. D18023\nPursuant to powers delegated under the\nBush Fires Act 1954, the Assistant Commissioner of the\nDepartment of Fire and Emergency Services, declared under Section 22A of the\nBush Fires Act 1954, a\ntotal fire ban for 9 January 2024 for the local government districts of—\nMount Marshall, Mukinbudin, Westonia, Yilgarn, Bruce Rock, Kellerberrin, Merredin, Nungarin,\nNarembeen, Trayning.\nDated 8th January 2024.\nGARY GIFFORD, Assistant Commissioner of the Department of\nFire and Emergency Services, as a sub-delegate of the Minister\nunder section 16 of the\nFire and Emergency Services Act 1998.\nFISHERIES\nFI401\nFISH RESOURCES MANAGEMENT ACT 1994\nSection 97(9)\nNOTICE OF GRANT OF AQUACULTURE LEASE\nqA795524\nI, Don Punch, Minister for Fisheries, Western Australia, hereby give notice under section 97(9) of the\nFish Resources Management Act 1994 that I have granted an aquaculture lease to Andrew Joseph and\nTracey Lee Basile (ABN 72 146 053 932) at a site in the Abrolhos Islands for a term ending 30 June\n2044.\nDetails of the lease are available from the register maintained by the Department of Primary Industries\nand Regional Development, Perth.\nDated 2nd of October 2023.\nHon. DON PUNCH, MLA, Minister for Fisheries.\n\n12 January 2024 GOVERNMENT GAZETTE, WA 41\nLOCAL GOVERNMENT\nLG401\nLOCAL GOVERNMENT ACT 1995\nCity of Swan\nBASIS OF RATES\nI, Ethan Redshaw, being delegated by the Minister of the Crown to whom the administration of the\nLocal Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28(1) of\nthat Act, hereby, and with effect from 8 January 2024 determined that the method of valuation to be\nused by the City of Swan as the basis for a rate in respect of the land referred to in the Schedule is to\nbe the gross rental value of the land—\nSchedule\nDesignated Land\nUV to GRV All those portions of land being Lot 7 as shown on Diagram 56222 and Lot 81 as\nshown on Diagram 92331.\nETHAN REDSHAW, Acting Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————\nLG402\nLOCAL GOVERNMENT ACT 1995\nCity of Swan\nBASIS OF RATES\nI, Ethan Redshaw, being delegated by the Minister of the Crown to whom the administration of the\nLocal Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28(1) of\nthat Act, hereby, and with effect from this date determined that the method of valuation to be used by\nthe City of Swan as the basis for a rate in respect of the land referred to in the Schedule is to be the\ngross rental value of the land—\nSchedule\nDesignated Land\nUV to GRV All those portions of land comprised in the schedules below—\nSCHEDULE ‘A’\nAll that portion of land being Lot 184 as shown on Plan 3598.\nSCHEDULE ‘B’\nAll that portion of land being Lot 11 as shown on Diagram 50594.\nSCHEDULE ‘C’\nAll that portion of land being Lot 21 as shown on Deposited Plan 411615.\nETHAN REDSHAW, Acting Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————\nLG403\nLOCAL GOVERNMENT ACT 1995\nCity of Swan\nBASIS OF RATES\nI, Ethan Redshaw, being delegated by the Minister of the Crown to whom the administration of the\nLocal Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28(1) of\nthat Act, hereby, and with effect from this date determined that the method of valuation to be used by\nthe City of Swan as the basis for a rate in respect of the land referred to in the Schedule is to be the\ngross rental value of the land—\nSchedule\nDesignated Land\nUV to GRV All those portions of land comprised in the schedules below—\nSCHEDULE ‘A’\nAll those portions of land being Lot 17 as shown on Plan 2746, Lot 26 as shown\non Plan 2815 and Lot 22 as shown on Plan 18383.\nSCHEDULE ‘B’\nAll that portion of land being Lot 67 as shown on Diagram 97442.\nETHAN REDSHAW, Acting Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n\n42 GOVERNMENT GAZETTE, WA 12 January 2024\nLG404\nLOCAL GOVERNMENT ACT 1995\nShire of Serpentine-Jarrahdale\nBASIS OF RATES\nI, Ethan Redshaw, being delegated by the Minister of the Crown to whom the administration of the\nLocal Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28(1) of\nthat Act, hereby, and with effect from this date determined that the method of valuation to be used by\nthe Shire of Serpentine-Jarrahdale as the basis for a rate in respect of the land referred to in the\nSchedule is to be the gross rental value of the land—\nSchedule\nDesignated Land\nUV to GRV • All those portions of land being Lots 50 to 66 inclusive and Lot 9004 on\nDeposited Plan 426452.\nETHAN REDSHAW, Acting Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————\nLG405\nLOCAL GOVERNMENT ACT 1995\nDOG ACT 1976\nCity of Busselton\nDOGS LOCAL LAW 2023\nUnder the powers conferred by the\nDog Act 1976, the\nLocal Government Act 1995 and under all other\npowers enabling it, the Council of the City of Busselton resolved on 13 December 2023 to make the\nfollowing local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the\nCity of Busselton Dogs Local Law 2023.\n1.2 Repeal\nThe\nCity of Busselton Dogs Local Law 2014 published in the\nGovernment Gazette on\n26 November 2014\nis repealed.\n1.3 Commencement\nThis local law comes into operation on the 14th day after the date of its publication in the\nGovernment\nGazette.\n1.4 Definitions\nIn this local law unless the context otherwise requires—\nAct means the\nDog Act 1976;\nauthorised person means a person appointed by the local government to perform all or any of the\nfunctions conferred on an authorised person under this local law;\nCEO means the Chief Executive Officer of the local government;\ndangerous dog has the meaning given to it in the Act;\ndevelopment approval means an approval issued under the local planning scheme;\ndistrict means the area of the State that has been declared to be the district of the local\ngovernment under the\nLocal Government Act 1995 and includes, for certain purposes provided\nfor in the Act, other areas which although not being within the boundaries of the district are\nregarded for those purposes as being part of the district;\ndog management facility has the meaning given to it in the Act;\nlocal government means the City of Busselton;\nlocal planning scheme means a local planning scheme made by the local government under the\nPlanning and Development Act 2005 which applies throughout the whole or a part of the\ndistrict;\nowner, in relation to a dog, has the same meaning as in section 3(1) and (2) of the Act;\nperson liable for the control of the dog has the same meaning as in section 3(1) of the Act;\npremises has the same meaning as in section 3(1) of the Act;\nRegulations means the\nDog Regulations 2013;\nSchedule means a Schedule to this local law; and\nthoroughfare has the meaning given to it in section 1.4 of the\nLocal Government Act 1995.\n1.5 Application\nThis local law applies throughout the district.\n\n12 January 2024 GOVERNMENT GAZETTE, WA 43\nPART 2—IMPOUNDING OF DOGS\n2.1 Fees, charges and costs\nThe following fees, charges and costs are to be imposed and determined by the local government under\nsections 6.16 to 6.19 of the\nLocal Government Act 1995—\n(a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding\nof a dog;\n(b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or on\na day other than those determined under clause 2.2; and\n(c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act.\n2.2 Attendance of authorised person at dog management facility\nThe authorised person is to be in attendance at the dog management facility for the release of dogs at\nthe times and on the days of the week as are determined by the CEO.\n2.3 Release of impounded dog\n(1) A claim for the release of an impounded dog is to be made to the authorised person or, in the absence\nof the authorised person, to the CEO.\n(2) The authorised person is not to release an impounded dog to any person unless that person has\nproduced, to the satisfaction of the authorised person (or in the absence of the authorised person,\nto the CEO) satisfactory evidence they are—\n(a) the registered owner of the dog; or\n(b) an agent acting on behalf of the registered owner of the dog; or\n(c) an authorised representative of a registered animal rescue group collecting the dog for the\npurpose of rehoming it.\nPART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS\n3.1 Dogs to be confined\n(1) An occupier of premises on which a dog is kept must—\n(a) cause that portion of the premises on which the dog is kept to be fenced in a manner capable of\nconfining the dog;\n(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height\nand construction which having regard to the breed, age, size and physical condition of the dog\nis capable of preventing the dog at all times from passing over, under or through it;\n(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the\npremises (unless the gate is temporarily opened in a manner that ensures the dog remains\nconfined) and is fitted with a proper latch or other means of fastening it;\n(d) maintain the fence and all gates and doors in the fence in good order and condition; and\n(e) where no part of the premises consists of open space, yard or garden or there is no open space\nor garden or yard of which the occupier has exclusive use or occupation, ensure that other\nmeans exist on the premises (other than the tethering of the dog) for effectively confining the\ndog within the premises.\n(2) An occupier who fails to comply with subclause (1) commits an offence.\n(3) Notwithstanding the above, the confinement of dangerous dogs is dealt with in the Act.\n3.2 Limitation on the number of dogs\n(1) This clause does not apply to premises which have been—\n(a) licensed under Part 4 of this local law as an approved kennel establishment; or\n(b) granted an exemption under section 26(3) of the Act.\n(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section\n26(4) of the Act—\n(a) 2 dogs over the age of 3 months and the young of those dogs under that age; or\n(b) if the premises is situated in an area zoned rural under the local planning scheme, 4 dogs over\nthe age of 3 months and the young of those dogs under that age.\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Interpretation\nIn this Part and in Schedule 2 of this local law—\nadjoining includes land or premises which have a portion of a common boundary with a lot or is\nseparated from that lot by a public reserve, road, right-of-way, pedestrian access way, access\nleg of a battle-axe lot or the equivalent not more than 6m in width;\nlicence means a licence to keep an approved kennel establishment on premises;\nlicensee means the holder of a licence;\npremises means, in addition to the meaning given to it in section 3 of the Act, the premises\ndescribed in the application for a licence; and\ntransferee means a person who applies for the transfer of a licence to her or him under clause 4.13.\n\n44 GOVERNMENT GAZETTE, WA 12 January 2024\n4.2 Application for licence for approved kennel establishment\nAn application for a licence must be made in the form of that in Schedule 1 of this local law, and must\nbe lodged with the local government together with—\n(a) plans and specifications of the kennel establishment, including a site plan;\n(b) copies of the notices to be given under clause 4.3;\n(c) written evidence that either the applicant or another person who will have the charge of the\ndogs, will reside on the premises or, in the opinion of the CEO, sufficiently close to the premises\nso as to control the dogs and so as to ensure their health and welfare;\n(d) a written acknowledgement that the applicant has read and agrees to comply with any code of\npractice relating to the keeping of dogs adopted or nominated by the local government;\n(e) the fee for the application for a licence referred to in clause 4.9(1); and\n(f) a copy of a development approval issued by the local government under a local planning\nscheme.\n4.3 Notice of proposed use\n(1) An applicant for a licence must give notice of the proposed use of the premises as an approved\nkennel establishment after the application for a licence has been lodged—\n(a) once in a newspaper circulating in the district; and\n(b) to the owners and occupiers of any premises adjoining the premises.\n(2) The notices in subclause (1) must specify that—\n(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days\nof the date the notice is given; and\n(b) the application and plans and specifications may be inspected at the offices of the local\ngovernment.\n(3) Where—\n(a) the notices given under subclause (1) do not clearly identify the premises; or\n(b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the\nopinion of the CEO, would fail to serve the purpose of notifying persons of the proposed use of\nthe premises,\nthen the local government may refuse to determine the application for a licence until the notices or\nnotice, as the case may be, is given in accordance with its directions.\n4.4 Exemption from notice requirements\nWhere an application for a licence is made in respect of premises on which an approved kennel\nestablishment is either a—\n(a) permitted use; or\n(b) use which the local government may approve subject to compliance with specified notice\nrequirements;\nunder a local planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply\nin respect of the application for a licence.\n4.5 When application can be determined\nAn application for a licence is not to be determined by the local government until—\n(a) the applicant has complied with clause 4.2;\n(b) the applicant submits proof that the notices referred to in clause 4.3(1) have been given in\naccordance with that clause; and\n(c) the local government has considered any written submissions received within the time specified\nin clause 4.3(2)(a) on the proposed use of the premises.\n4.6 Determination of application\nIn determining an application for a licence, the local government is to have regard to—\n(a) the matters referred to in clause 4.7;\n(b) any written submissions received within the time specified in clause 4.3(2)(a) on the proposed\nuse of the premises;\n(c) any economic or social benefits which may be derived by any person in the district if the\napplication for a licence is approved;\n(d) the effect which the kennel establishment may have on the environment or amenity of the\nneighbourhood;\n(e) whether the approved kennel establishment will create a nuisance for the owners and occupiers\nof adjoining premises; and\n(f) whether or not the imposition of and compliance with appropriate conditions of a licence will\nmitigate any adverse effects of the approved kennel establishment identified in the preceding\nparagraphs.\n\n12 January 2024 GOVERNMENT GAZETTE, WA 45\n4.7 Where application cannot be approved\nThe local government cannot approve an application for a licence where—\n(a) an approved kennel establishment cannot be permitted by the local government on the\npremises under a local planning scheme; or\n(b) an applicant for a licence or another person who will have the charge of the dogs will not reside\non the premises, or, in the opinion of the local government, sufficiently close to the premises so\nas to control the dogs and so as to ensure their health and welfare.\n4.8 Conditions of approval\n(1) The local government may approve an application for a licence subject to the conditions contained\nin Schedule 2 and to such other conditions as the local government considers appropriate.\n(2) In respect of a particular application for a licence, the local government may vary any of the\nconditions contained in Schedule 2.\n(3) A licensee who fails to comply with the conditions of a licence commits an offence.\n4.9 Fees\n(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.\n(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.\n(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the\nlocal government.\n(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local\ngovernment under sections 6.16 to 6.19 of the\nLocal Government Act 1995.\n4.10 Form of licence\nThe licence is to be in the form determined by the local government and is to be issued to the licensee.\n4.11 Period of licence\n(1) The period of effect of a licence is set out in section 27(5) of the Act.\n(2) A licence is to be renewed if the fee referred to in clause 4.9(2) is paid to the local government prior\nto the expiry of the licence.\n(3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have\neffect.\n4.12 Variation or cancellation of licence\n(1) The local government may vary the conditions of a licence.\n(2) The local government may cancel a licence—\n(a) on the request of the licensee;\n(b) following a breach of the Act, the Regulations or this local law; or\n(c) if the licensee is not a fit and proper person.\n(3) The date a licence is cancelled is to be, in the case of—\n(a) paragraph (a) of subclause (2), the date requested by the licensee; or\n(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act.\n(4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence that\nhas not yet expired.\n4.13 Transfer\n(1) An application for the transfer of a valid licence from the licensee to another person must be—\n(a) made in the form determined by the local government;\n(b) made by the transferee;\n(c) made with the written consent of the licensee; and\n(d) lodged with the local government together with—\n(i) written evidence that a person will reside at or within reasonably close proximity to the\npremises the subject of the licence; and\n(ii) the fee for the application for the transfer of a licence referred to in clause 4.9(3).\n(2) The local government is not to determine an application for the transfer of a valid licence until the\ntransferee has complied with subclause (1).\n(3) The local government may approve, whether or not subject to such conditions as it considers\nappropriate, or refuse to approve an application for the transfer of a valid licence.\n(4) Where the local government approves an application for the transfer of a valid licence, then on the\ndate of approval, unless otherwise specified in the notice issued under clause 4.14(b), the transferee\nbecomes the licensee of the licence for the purposes of this local law.\n4.14 Notification\nThe local government is to give written notice to—\n(a) an applicant for a licence of the local government’s decision on her or his application;\n(b) a transferee of the local government’s decision on her or his application for the transfer of a\nvalid licence;\n\n46 GOVERNMENT GAZETTE, WA 12 January 2024\n(c) a licensee of any variation made under clause 4.12(1);\n(d) a licensee when her or his licence is due for renewal and the manner in which it may be\nrenewed;\n(e) a licensee when her or his licence is renewed;\n(f) a licensee of the cancellation of a licence under clause 4.12 (2)(a); and\n(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.12(2), which\nnotice is to be given in accordance with section 27(6) of the Act.\n4.15 Objections and appeals\n(1) Where the local government makes a decision as to whether it will—\n(a) grant an application for a licence;\n(b) vary or cancel a licence; or\n(c) impose or amend a condition to which a licence is subject,\nthe provisions of Division 1 of Part 9 of the\nLocal Government Act 1995 and regulation 33 of the\nLocal\nGovernment (Functions and General) Regulations 1996 apply to that decision.\n(2) Under these provisions, an affected person may have the right to object to, or to appeal against, a\ndecision of the local government.\n4.16 Inspection of kennel\nWith the consent of the occupier, an authorised person may inspect an approved kennel establishment\nat any time.\nPART 5—MISCELLANEOUS\n5.1 Offence to excrete\n(1) A dog must not excrete on—\n(a) any thoroughfare or other public place; or\n(b) any land which is not a public place without the consent of the occupier.\n(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the\ncontrol of the dog at that time commits an offence.\n(3) A person liable for the control of a dog does not commit an offence against subclause (2) if any\nexcreta is removed immediately by that person.\nPART 6—ENFORCEMENT\n6.1 Interpretation\nIn this Part—\ninfringement notice means the notice referred to in clause 6.5; and\nnotice of withdrawal means the notice referred to in clause 6.8.\n6.2 Offences\nA person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n6.3 General penalty\nA person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding\n$5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $100 for each\nday or part of the day during which the offence has continued.\n6.4 Modified penalties\n(1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be\nimposed.\n(2) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the\nmodified penalty payable in respect of that offence if—\n(a) the offence does not involve a dangerous dog; or\n(b) the offence involves a dangerous dog, but an amount does not appear in the fifth column directly\nopposite that offence.\n(3) The amount appearing in the fifth column of Schedule 3 directly opposite an offence is the modified\npenalty payable in respect of that offence if the offence involves a dangerous dog.\n6.5 Issue of infringement notice\nWhere an authorised person has reason to believe that a person has committed an offence in respect of\nwhich a modified penalty may be imposed, he or she may issue to that person a notice in the form of\nForm 2 in Schedule 1 of the\nLocal Government (Functions and General) Regulations 1996.\n6.6 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or within\nsuch further time as may in any particular case be allowed by the CEO, send or deliver to the local\ngovernment the amount of the penalty, with or without a reply as to the circumstances giving rise to\nthe offence, and the local government may appropriate that amount in satisfaction of the penalty and\nissue an acknowledgement.\n\n12 January 2024 GOVERNMENT GAZETTE, WA 47\n6.7 Withdrawal of infringement notice\nWhether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice in the form of Form 3 of Schedule 1 of the\nLocal Government\n(Functions and General) Regulations 1996.\n6.8 Service\nAn infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it\nat or posting it to her or his address as ascertained from her or him, or as recorded by the local\ngovernment under the Act, or as ascertained from inquiries made by the local government.\n————\nSCHEDULE 1—APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\n[clause 4.2]\nCity of Busselton Dogs Local Law 2023\nI/we (full name) ........................................................................................................................................\nof (postal address) ....................................................................................................................................\n(telephone number) ..................................................................................................................................\n(E-mail address) .......................................................................................................................................\nApply for a licence for an approved kennel establishment at (address of premises) ............................\n..................................................................................................................................................................\nFor (number and breed of dogs) ..............................................................................................................\n* (insert name of person) ............................................................ will be residing at the premises on and\nfrom (insert date) ...........................................\n* (insert name of person) ..................................................will be residing (sufficiently close to the\npremises so as to control the dogs and so as to ensure their health and welfare) at.............................\n............................................................................... (insert address of residence)\non and from ................................... (insert date).\nAttached are—\n(a) a site plan of the premises showing the location of the kennels and yards and all other buildings\nand structures and fences;\n(b) plans and specifications of the kennel establishment;\n(c) copy of notice of proposed use to appear in newspaper;\n(d) copy of notice of proposed use to be given to adjoining premises;\n(e) written evidence that a person will reside—\n(i) at the premises; or\n(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health\nand welfare; and\n(f) if the person in item (e) is not the applicant, written evidence that the person is a person in\ncharge of the dogs.\nI confirm that I have read and agree to comply with the Code of Practice known as\n………………………………………………………, in the keeping of dogs at the proposed kennel\nestablishment**.\nSignature of applicant ..........................................................................\nDate .......................................................................................................\n* delete where inapplicable.\n** see clause 4.2(d).\nNote: a licence if issued will have effect for a period of 12 months—section 27.5 of the\nDog Act 1976.\nOFFICE USE ONLY\nApplication fee paid on\n[insert date].\n————\n\n48 GOVERNMENT GAZETTE, WA 12 January 2024\nSCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\n[clause 4.8(1)]\nAn application for a licence for an approved kennel establishment may be approved subject to the\nfollowing conditions—\n(a) Each kennel, unless it is fully enclosed, must have a yard attached to it.\n(b) Each kennel and each yard must be at a distance of not less than—\n(i) 25m from the front boundary of the premises and 5m from any other boundary of the\npremises;\n(ii) 10m from any dwelling; and\n(iii) 25m from any church, school room, hall, factory, dairy or premises where food is\nmanufactured, prepared, packed or stored for human consumption.\n(c) Each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or\nnetting or other materials approved by the local government.\n(d) The minimum floor area for each kennel must be calculated at 2.5 times the length of the breed\nof dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel\nand the length of the dog is to be determined by measuring from the base of the tail to the front\nof its shoulder.\n(e) The floor area of the yard attached to any kennel or group of kennels must be at least twice the\nfloor area of the kennel or group of kennels to which it is attached.\n(f) The upper surface of the kennel floor must be—\n(i) at least 100mm above the surface of the surrounding ground;\n(ii) smooth so as to facilitate cleaning;\n(iii) rigid;\n(iv) durable;\n(v) slip resistant;\n(vi) resistant to corrosion;\n(vii) non-toxic;\n(viii) impervious;\n(ix) free from cracks, crevices and other defects; and\n(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn\nmust lead to a suitably sized diameter sewerage pipe which must be properly laid,\nventilated and trapped in accordance with the health requirements of the local\ngovernment.\n(g) All kennel floor washings must pass through the drain in item (f)(x) and must be piped to\napproved apparatus for the treatment of sewage in accordance with the health requirements of\nthe local government.\n(h) The kennel floor must have a durable upstand rising 75mm above the floor level from the\njunction of the floor and external and internal walls, or internal walls must be so constructed\nas to have a minimum clearance of 50mm from the underside of the bottom plate to the floor.\n(i) Where a yard is to be floored, the floor must be constructed in the same manner as the floor of\nany kennel.\n(j) From the floor, the lowest internal height of a kennel must be, whichever is the lesser of—\n(i) 2m; or\n(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured\nfrom the floor to the uppermost tip of its shoulders while in a stationary upright position.\n(k) The walls of each kennel must be constructed of concrete, brick, stone or framing sheeted\ninternally and externally with good quality new zincalume or new pre-finished colour coated\nsteel sheeting or new fibrous cement sheeting or other durable material approved by the local\ngovernment.\n(l) All external surfaces of each kennel must be kept in good condition.\n(m) The roof of each kennel must be constructed of impervious material.\n(n) All kennels and yards and drinking vessels must be maintained in a clean condition and must\nbe cleaned and disinfected when so ordered by an authorised person.\n(o) All refuse, faeces and food waste must be disposed of daily into the approved apparatus for the\ntreatment of sewage.\n(p) Noise, odours, fleas, flies and other vectors of disease must be effectively controlled.\n(q) Suitable water must be available at the kennel via a properly supported standpipe and tap.\n(r) The licensee or the person nominated in the application for a licence, must, in accordance with\nthe application for the licence, continue to reside—\n(i) at the premises; or\n(ii) in the opinion of the local government, sufficiently close to the premises so as to control\nthe dogs, and to ensure their health and welfare.\n\n12 January 2024 GOVERNMENT GAZETTE, WA 49\nSCHEDULE 3—OFFENCES IN RESPECT OF WHICH MODIFIED PENALTIES APPLY\n[clause 6.4]\nItem Clause Nature of offence Modifie\nd\npenalty\nDangerous\nDog\nModified\nPenalty\n1 3.1 Failing to provide means for effectively confining a\ndog\n$200 As per\nRegulations\n2 4.8 Failing to comply with the conditions of a licence $200\n3 5.1(2) Dog excreting in prohibited place $200\nThis local law was made at the meeting of the Council of the City of Busselton on 13 December 2023.\nThe Common Seal of the City of Busselton was affixed by authority of a resolution of the Council in the\npresence of—\nPHILLIP NEIL CRONIN, Mayor.\nANTHONY GRAHAM NOTTLE, Chief Executive Officer.\n———————————\nLG406\nLOCAL GOVERNMENT ACT 1995\nShire of Capel\nBASIS OF RATES\nI, Ethan Redshaw, being delegated by the Minister of the Crown to whom the administration of the\nLocal Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28(1) of\nthat Act, hereby, and with effect from this date determined that the method of valuation to be used by\nthe Shire of Capel as the basis for a rate in respect of the land referred to in the Schedule is to be the\ngross rental value of the land—\nSchedule\nDesignated Land\nUV to GRV • All those portions of land being Lots 3200 to 3219 inclusive, Lot 3242, Lots 3252\nto 3265 inclusive, Lots 3283 to 3287 inclusive and Lot 3305 as shown on\nDeposited Plan 426078.\nETHAN REDSHAW, Acting Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\nMINERALS AND PETROLEUM\nMP401\nMINING ACT 1978\nAPPLICATION FOR AN ORDER FOR FORFEITURE\nDepartment of Energy, Mines, Industry Regulation and Safety,\nMeekatharra WA 6642.\nIn accordance with Regulation 49(2)(c) of the\nMining Regulations 1981, notice is hereby given that the\nfollowing licences are liable to forfeiture under the provision of Section 96(1)(a) of the\nMining Act 1978\nfor breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-\ncompliance with the reporting provisions.\nWARDEN MCPHEE.\n————\nTo be heard by the Warden at Perth on 28 February 2024.\nMURCHISON MINERAL FIELD\nProspecting Licences\nP 51/3212 Selga, Mark\n\n50 GOVERNMENT GAZETTE, WA 12 January 2024\nMP402\nMINING ACT 1978\nAPPLICATION FOR AN ORDER FOR FORFEITURE\nDepartment of Energy, Mines, Industry Regulation and Safety,\nMeekatharra WA 6642.\nIn accordance with Regulation 49(2)(c) of the\nMining Regulations 1981, notice is hereby given that the\nfollowing licences are liable to forfeiture under the provision of Section 96(1)(a) of the\nMining Act 1978\nfor breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-\ncompliance with the reporting provisions.\nWARDEN MCPHEE.\n————\nTo be heard by the Warden at Perth on 28 February 2024.\nEAST MURCHISON MINERAL FIELD\nProspecting Licences\nP 53/1643 Piper Preston Pty Ltd\nP 53/1644 Piper Preston Pty Ltd\nP 53/1645 Piper Preston Pty Ltd\n———————————\nMP403\nMINING ACT 1978\nNOTICE OF INTENTION TO FORFEIT\nDepartment of Energy, Mines, Industry Regulation and Safety,\nPerth WA 6000.\nIn accordance with Regulation 50(b) of the\nMining Regulations 1981, notice is hereby given that unless\nthe rent due on the under mentioned mining tenements are paid on or before 8 February 2024 it is the\nintention of the Minister for Mines and Petroleum under the provisions of sections 96A(1) and 97(1) of\nthe\nMining Act 1978 to forfeit such for breach of covenant, being non-payment of rent.\nDIRECTOR GENERAL.\n————\nNumber Holder Mineral Field\nExploration Licence\nE 59/2610 Viner, Andrew John Yalgoo\nE 69/3766 Silatec Pty Ltd Warburton\nE 69/4032 Maxwell, Brian Warburton\nE 77/2358 Farside Resources Pty Ltd Yilgarn\nE 77/2639 Goldbridge SL Pty Ltd Yilgarn\nMining Lease\nM 20/263 Burnell, Ryan Edward Murchison\nM 70/1168 Direct Contracting Pty Ltd South West\nPLANNING\nPL401\nPLANNING AND DEVELOPMENT ACT 2005\nMETROPOLITAN REGION SCHEME MINOR AMENDMENT 1408/57\nForrestdale Townsite East\nCall for Public Submissions\nThe Western Australian Planning Commission (WAPC) is seeking public comment on a proposal to\namend the Metropolitan Region Scheme (MRS) for land in the local government of Armadale.\nThe amendment proposes to rezone approximately 56.37 ha in Forrestdale from the Rural zone to the\nUrban and Urban Deferred zones (49.63 ha) and Parks and Recreation (4.51 ha) and Primary Regional\nRoads (2.23 ha) reservations in the MRS\n\n12 January 2024 GOVERNMENT GAZETTE, WA 51\nThe WAPC certifies that, in its opinion, the proposed amendment does not constitute a substantial\nalteration to the MRS.\nDisplay locations\nThe plans showing the proposed change and the WAPC amendment report which explains the proposal,\nwill be available for public inspection from Friday 12 January 2024 until Tuesday 12 March 2024 at\nthe—\n• Western Australian Planning Commission, 140 William Street, Perth\n• J S Battye Library, Level 3 Alexander Library Building, Perth Cultural Centre\n• City of Armadale\nDocuments can also be viewed online at the Department of Planning, Lands and Heritage website\nwww.dplh.wa.gov.au/mrs-amendments.\nSubmissions\nAny person who desires to make a submission to support, object or provide comment on any part of the\nproposed amendment should do so on a Form 57, which is available from the display locations, the\namendment report and online.\nSubmissions can be lodged online via\nhttps://consultation.dplh.wa.gov.au, emailed to\nRegionPlanningSchemes@dplh.wa.gov.au or by post to: Secretary, Western Australian Planning\nCommission, Locked Bag 2506, Perth WA 6001.\nSubmissions close Tuesday 12 March 2024. Late submissions will not be considered.\nMs SAM BOUCHER, Secretary, Western Australian Planning Commission.\n———————————\nPL402\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Bayswater\nLocal Planning Scheme No. 24\n—Amendment No. 98\nRef: TPS/2975\nIt is hereby notified for public information, in accordance with section 87 of the\nPlanning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Bayswater Local Planning\nScheme amendment on 14 December 2023 for the purpose of—\nModify the definition of ‘Restricted Premises’ to the following—\nmeans premises used for the sale by retail or wholesale, or the offer for hire, loan or exchange,\nor the exhibition, display or delivery of—\n(a) publications that are classified as restricted under the\nClassification (Publications,\nFilms and Computer Games) Act 1995 (Commonwealth); or\n(b) materials, compounds, preparations or articles which are used or intended to be used\nprimarily in or in connection with any form of sexual behaviour or activity; or\n(c) smoking-related implements.\nF. PIFFARETTI, Mayor.\nK. LEAHY, A/Chief Executive Officer.\n———————————\nPL403\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED DISTRICT PLANNING SCHEME AMENDMENT\nCity of Wanneroo\nDistrict Planning Scheme No. 2\n—Amendment No. 202\nRef: TPS/2902\nIt is hereby notified for public information, in accordance with section 87 of the\nPlanning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Wanneroo District Planning\nScheme amendment on 14 December 2023 for the purpose of—\n1. Rezoning the following land from ‘Industrial Development’ to ‘General Industry’, to the extent\nshown on the Scheme (Amendment) Map—\n• Portion Lot 801 (410) Flynn Drive, Neerabup (on DP: 415725);\n• Portion Lot 8002 (27) Pinnacle Drive, Neerabup (on DP: 424106);\n• Portion Lot 1068 (33) Pinnacle Drive, Neerabup (on DP: 424106);\n• Portion Lot 1031 (24) Hemisphere Street, Neerabup (on DP: 405727);\n\n52 GOVERNMENT GAZETTE, WA 12 January 2024\n• Portion Lot 1030 (18) Greenwich Parade, Neerabup (on DP: 405727);\n• Portion Lot 1029 (22) Greenwich Parade, Neerabup (on DP: 405727);\n• Portion Lot 1019 (26) Greenwich Parade, Neerabup (on DP: 61212);\n• Portion Lot 1018 (30) Greenwich Parade, Neerabup (on DP: 61212);\n• Portion Lot 800 (34) Greenwich Parade, Neerabup (on DP: 415111);\n• Lot 1024 (15) Longitude Avenue, Neerabup (on DP: 409191);\n• Lot 1023 (11) Longitude Avenue, Neerabup (on DP: 409191);\n• Lot 1026 (7) Longitude Avenue, Neerabup (on DP: 409191);\n• Lot 1022 (20) Hemisphere Street, Neerabup (on DP: 409191);\n• Lot 1035 (12) Hemisphere Street, Neerabup (on DP: 409191);\n• Lot 1034 (6) Longitude Avenue, Neerabup (on DP: 409191);\n• Lot 1033 (12) Longitude Avenue, Neerabup (on DP: 409191);\n• Lot 9100 (60) Mather Drive, Neerabup (on DP: 411322);\n• Lot 44 (64) Mather Drive, Neerabup (on D: 83582);\n• Lot 2004 (69) Mather Drive, Neerabup (on DP: 70103);\n• Lot 9003 (85) Mather Drive, Neerabup (on DP: 70103);\n• Lot 2001 (240) Pederick Road, Neerabup (on DP: 60745);\n• Lot 1001 (220) Pederick Road, Neerabup (on DP: 37249);\n• Lot 1000 (190) Pederick Road, Neerabup (on DP: 37249);\n• Lot 100 (45) Trandos Road, Neerabup (on DP: 63371);\n• Lot 9000 (140) Pederick Road, Neerabup (on DP: 63371);\n• Lot 1506 (1) Trandos Road, Neerabup (on DP: 407752);\n• Lot 101 (141) Pederick Road, Neerabup (on DP: 413173);\n• Lot 102 (123) Pederick Road, Neerabup (on DP: 413173);\n• Lot 103 (125) Pederick Road, Neerabup (on DP: 413173);\n• Lot 104 (127) Pederick Road, Neerabup (on DP: 413173);\n• Lot 801 (109) Pederick Road, Neerabup (on DP: 57533);\n• Portion Lot 5 (190) Flynn Drive, Neerabup (on D: 91435);\n• Portion Lot 900 (170) Flynn Drive, Neerabup (on DP: 50843); and\n• Portion Lot 901 (150) Flynn Drive, Neerabup (on DP: 50843).\n2. Rezoning the following land from ‘General Industry’ to ‘Light Industry’, to the extent shown on\nthe Scheme (Amendment) Map—\n• Portion Lot 9014 (301K) Pederick Road, Neerabup (on DP: 425769);\n• Lot 1067 (45) Avery Street, Neerabup (on DP: 424106);\n• Portion Lot 1066 (34) Pinnacle Drive, Neerabup (on DP: 424106); and\n• Portion Lot 888 (21) Global Road, Neerabup (on DP: 424955).\n3. Rezoning the following land from ‘Industrial Development’ to ‘Light Industry’, to the extent\nshown on the Scheme (Amendment) Map—\n• Portion Lot 801 (410) Flynn Drive, Neerabup (on DP: 415725);\n• Portion Lot 9014 (301K) Pederick Road, Neerabup (on DP: 425769);\n• Portion Lot 888 (21) Global Road, Neerabup (on DP: 424955);\n• Portion Lot 1001 (11) Greenwich Parade, Neerabup (on DP: 61212);\n• Portion Lot 1021 (10) Greenwich Parade, Neerabup (on DP: 61212);\n• Lot 2 (19) Hemisphere Street, Neerabup (on DP: 413473);\n• Lot 1 (13) Hemisphere Street, Neerabup (on DP: 413473);\n• Lot 1057 (5) Ring Street, Neerabup (on DP: 420872);\n• Lot 1058 (11) Ring Street, Neerabup (on DP: 420872);\n• Lot 1060 (11) Pinnacle Drive, Neerabup (on DP: 420872);\n• Portion Lot 1059 (1) Pinnacle Drive, Neerabup (on DP: 420872);\n• Portion Lot 1064 (2) Pinnacle Drive, Neerabup (on DP: 420872);\n• Lot 1063 (10) Pinnacle Drive, Neerabup (on DP: 420872);\n• Lot 1061 (19) Pinnacle Drive, Neerabup (on DP: 424106);\n• Lot 1062 (18) Pinnacle Drive, Neerabup (on DP: 424106);\n• Lot 1065 (26) Pinnacle Drive, Neerabup (on DP: 424106);\n• Portion Lot 1066 (34) Pinnacle Drive, Neerabup (on DP: 424106);\n• Portion Lot 5 (190) Flynn Drive, Neerabup (on D: 91435);\n• Portion Lot 900 (170) Flynn Drive, Neerabup (on DP: 50843);\n• Portion Lot 901 (150) Flynn Drive, Neerabup (on DP: 50843).\n\n12 January 2024 GOVERNMENT GAZETTE, WA 53\n4. Reclassifying Lot 8002 (270) Flynn Drive, Neerabup (on DP: 411322) from the ‘Industrial\nDevelopment’ zone to ‘Local Scheme Reserve—Drainage/Waterway’, as shown on the Scheme\n(Amendment) Map.\n5. Reclassifying Lot 8001 (250) Flynn Drive, Neerabup (on DP: 411322) from the ‘Industrial\nDevelopment’ zone to ‘Local Scheme Reserve—Environmental Conservation’, as shown on the\nScheme (Amendment) Map.\n6. Reclassifying Lot 40 (26) Mather Drive, Neerabup (on D: 78186) from the ‘Industrial\nDevelopment’ Zone to ‘Local Scheme Reserve—Public Purposes’, as shown on the Scheme\n(Amendment) Map.\n7. Insert the following into Schedule 6 of the Scheme –\nNo. Description of Land Requirement\n26 Neerabup Industrial Area\nBound by Lot 801 on DP 415725, Lot 502 on DP\n409677, Lot 1 on D 12751, Lot 9003 on DP 70103, Lot\n100 on DP 63371, Lot 1506 on DP 407752, Lot 801 on\nDP 57533, Lot 902 on DP 50843 and Flynn Drive\nSubdivision and development\nof the subject land shall be in\naccordance with an approved\nstructure plan.\n8. Applying the Additional Uses (A48) designation to various land parcels in the Neerabup\nlocality, as shown on the Scheme (Amendment) Map.\n9. Amending Schedule 2 of the Scheme text to insert the following –\nNo Description\nof land\nAdditional use Conditions\nA48 Multiple land\nparcels zoned\nGeneral\nIndustry in\nthe Neerabup\nlocality\n• Agriculture—\nIntensive\n• Data Storage\nPremises\n• Educational\nEstablishment\n1. All the ‘Additional Uses’ shall be dealt with\nas “D” uses, pursuant to Clause 3.3 (2).\n2. Land uses referred to in this table, but which\nare not defined in Clause 6.2, are defined\nbelow—\nData Storage Premises—means premises\nthat provide computer servers or other\ndevices for the storage or retention of\nelectronic data, and may include the\nprovision of ancillary infrastructure and\noffices.\n3. Conditions and parameters for the carrying\nout of land uses listed in this table are\nprovided for below—\nAgriculture—Intensive—\nThe cultivation and harvesting of produce\nshall only occur within a building, enclosed by\nwalls and a roof (excluding greenhouses).\nCultivation of produce shall not occur where\nexposed to the open natural environment.\nEducational Establishment—\nActivities shall be limited to establishments\nthat provide education or training relating to\nactivities consistent with Table 2 in Clause\n3—objectives of the General Industry zone.\n10. Applying the Additional Uses (A49) designation to the following land parcels, as shown on the\nScheme (Amendment) Map—\n• Portion Lot 801 (410) Flynn Drive, Neerabup (on DP: 415725);\n• Portion Lot 9014 (301K) Pederick Road, Neerabup (on DP: 425769);\n• Lot 888 (21) Global Road, Neerabup (on DP: 424955);\n• Lot 2 (19) Hemisphere Street, Neerabup (on DP: 413473);\n• Lot 1 (13) Hemisphere Street, Neerabup (on DP: 413473);\n• Lot 1057 (5) Ring Street, Neerabup (on DP: 420872);\n• Lot 1058 (11) Ring Street, Neerabup (on DP: 420872);\n• Lot 1060 (11) Pinnacle Drive, Neerabup (on DP: 420872);\n• Portion Lot 1059 (1) Pinnacle Drive, Neerabup (on DP: 420872);\n• Portion Lot 1064 (2) Pinnacle Drive, Neerabup (on DP: 420872);\n• Lot 1063 (10) Pinnacle Drive, Neerabup (on DP: 420872);\n• Lot 1061 (19) Pinnacle Drive, Neerabup (on DP: 424106);\n• Lot 1062 (18) Pinnacle Drive, Neerabup (on DP: 424106);\n• Lot 1065 (26) Pinnacle Drive, Neerabup (on DP: 424106);\n• Lot 1066 (34) Pinnacle Drive, Neerabup (on DP: 424106);\n• Lot 1067 (45) Avery Street, Neerabup (on DP: 424106);\n\n54 GOVERNMENT GAZETTE, WA 12 January 2024\n• Portion Lot 5 (190) Flynn Drive, Neerabup (on D: 91435);\n• Portion Lot 900 (170) Flynn Drive, Neerabup (on DP: 50843); and\n• Portion Lot 901 (150) Flynn Drive, Neerabup (on DP: 50843).\n11. Amending Schedule 2 of the Scheme text to insert the following—\nNo. Description of Land Additional Use Conditions\nA49 • Portion Lot 801 (410) Flynn\nDrive (on DP: 415725);\n• Portion Lot 9014 (301K)\nPederick Road (on DP: 425769);\n• Lot 888 (21) Global Road (on DP:\n424955);\n• Lot 2 (19) Hemisphere Street\n(on DP 413473);\n• Lot 1 (13) Hemisphere Street\n(on DP 413473);\n• Lot 1057 (5) Ring Street (on DP\n420872);\n• Lot 1058 (11) Ring Street (on DP\n420872);\n• Lot 1060 (11) Pinnacle Drive (on\nDP 420872);\n• Portion Lot 1059 (1) Pinnacle\nDrive (on DP 420872);\n• Portion Lot 1064 (2) Pinnacle\nDrive (on DP 420872)\n• Lot 1063 (10) Pinnacle Drive (on\nDP 420872);\n• Lot 1061 (19) Pinnacle Drive (on\nDP 424106);\n• Lot 1062 (18) Pinnacle Drive (on\nDP 424106);\n• Lot 1065 (26) Pinnacle Drive (on\nDP 4241069);\n• Lot 1066 (34) Pinnacle Drive (on\nDP 424106);\n• Lot 1067 (45) Avery Street (on\nDP 424106);\n• Portion Lot 5 (190) Flynn Drive\n(on DP 91435);\n• Portion Lot 900 (170) Flynn\nDrive (on DP 50843);\n• Portion Lot 901 (50) Flyn Drive\n(on DP 50843).\nAll in the Neerabup locality\n• Data Storage\nPremises\n• Industry—\nExtractive\n1. Data storage Premises\nshall be dealt with as a ‘D’\nuse and Industry—\nExtractive as an ‘A’ use\npursuant to Clause 3.3 (2).\n2. Land uses as referred to in\nthis table, but which are\nnot defined in Clause 6.2,\nare defined below.\nData Storage\nPremises—means\npremises that provide\ncomputer servers or other\ndevices for the storage or\nretention of electronic\ndata, and may include the\nprovision of ancillary\ninfrastructure and offices.\n12. Amending the Scheme Map by applying the Additional Uses (A50) designation to the following\nland parcels, as shown on the Scheme (Amendment) Map—\n• Portion Lot 1001 (11) Greenwich Parade, Neerabup (on DP: 61212);\n• Portion Lot 1021 (10) Greenwich Parade, Neerabup (on DP: 61212);\n• Portion Lot 5 (190) Flynn Drive, Neerabup (on D: 91435); and\n• Portion Lot 900 (170) Flynn Drive, Neerabup (on DP: 50843).\n13. Amending Schedule 2 of the Scheme text to insert the following –\nNo. Description of\nLand\nAdditional Use Conditions\nA50 • Portion Lot\n1001 (11)\nGreenwich\nParade (on DP\n61212);\n• Portion Lot\n1021 (10)\nGrenwich\nParade (on DP\n61212);\n• Data Storage\nPremises\n• Office\n• Restaurant/Café\n• Shop\n• Fast Food Outlet\n1. In addition to Conditions 2-5 below, all\nthe relevant conditions that are\nspecified for Additional Use area A49\nalso apply to A50.\n2. All the ‘Additional Uses’ shall be dealt\nwith as ‘D’ uses, pursuant to Clause 3.3\n(2).\n3. The maximum floorspace for the ‘Office’\nland use is limited to no more than—\n\n12 January 2024 GOVERNMENT GAZETTE, WA 55\nNo. Description of\nLand\nAdditional Use Conditions\n• Portion Lot 5\n(190) Flynn\nDrive (on DP\n91435);\n• Portion Lot 900\n(170) Flynn\nDrive (on DP\n50843)\nAll in the\nNeerabup locality\n(a) 700m2 net lettable area (NLA)\nacross both subject portions of Lots\n1001 and 1021; and\n(b) 700m2 NLA across both subject\nportions of Lot 5 and Lot 900.\n4. The maximum floorspace for the\n‘Restaurant/Cafe’ and ‘Fast Food Outlet’\nland uses are limited to no more than—\n(a) 1,000m2 NLA across both subject\nportions of Lots 1001 and 1021; and\n(b) 1,000m2 NLA across both subject\nportions of Lot 5 and Lot 900; and\nIndividual premises shall not exceed\n500m2.\n5. The maximum floorspace for the ‘Shop’\nland use are limited to no more than—\n(a) 750m2 NLA across both subject\nportions of Lots 1001 and 1021; and\n(b) 750m2 NLA across both subject\nportions of Lot 5 and Lot 900; and\nIndividual premises shall not exceed\n300m2 NLA.\n14. Amending Schedule 1—Zoning Table by—\n(a) Depicting the land use permissibility for the ‘Bulky Goods Showroom’ and ‘Motor Vehicle,\nBoat or Caravan Sales’ in the Light Industry Zone as ‘P4’; and\n(b) Adding a notation at the end of Schedule 1—Zoning Table as follows—\nNotes—\n4. Refer to provisions contained in Schedule 6 (No. 27).\n15. Introducing the following into Schedule 6 of the Scheme Text—\nNo. Description of Land Requirement\n27 Light Industry zone in the\nNeerabup locality\nNotwithstanding the provisions of Schedule 1—Zoning Table,\nthe ‘Bulky Goods Showroom’ and ‘Motor Vehicle, Boat or\nCaravan Sales’ use classes shall be dealt with as “P” uses\npursuant to Clause 3.3 (2); except in the Neerabup locality\nwhere these use classes are dealt with as “D” uses.\n16. Zoning Portion Lot 801 (410) Flynn Drive, Neerabup (on DP: 415725) to ‘General Industry’, to\nthe extent shown on the Scheme (Amendment) Map.\n17. Zoning Portion Lot 801 (410) Flynn Drive, Neerabup (on DP: 415725) to ‘Light Industry’, to the\nextent shown on the Scheme (Amendment) Map.\nL. AITKEN, Mayor.\nB. PARKER, Chief Executive Officer.\nROTTNEST ISLAND\nRX401\nROTTNEST ISLAND REGULATIONS 1988\nTEMPORARY NOTICE TO MARINERS\nClosure of Waters—Special Event -Rottnest Channel Swim\nThomson Bay, Rottnest Island\nFriday 23 February 2024—12.00pm\nto\nSaturday 24 February 2024—6.00pm\nActing pursuant to the powers conferred by Regulation 38B of the\nRottnest Island Regulations 1988,\nthe Rottnest Island Authority hereby closes the following waters to all vessels, excluding bona fide\nemergency and authorised vessels as set out below between 12.00pm on Friday 23 February 2024 to\n6.00pm on Saturday 24 February 2024.\nThomson Bay\nBetween Ferry Jetty and Fuel Jetty\nAll waters with 25 metres of the shoreline.\nAuthorised Vessel: Powered support vessel displaying a 2024 Rottnest Channel Swim sticker.\n\n56 GOVERNMENT GAZETTE, WA 12 January 2024\nBetween Fuel Jetty and Hotel Jetty\nSwim Channel\nAll waters from a point 38 metres on the foreshore on the southern side of the Fuel Jetty extending in\nan easterly direction encompassing the following moorings—\nRanger; Ranger II; TB062; TB072; RIA015 Hire; TB078; RIA016 Hire; TB056; TB100; TB319;\nTB053; RIA005 Hire; TB051; TB081; RIA017 Hire; TB357, TB200; South Cardinal Marker (115°\n32.836′E 31° 59.79′N); TB091, RIA028 Hire; RIA009 Hire; TB077; TB322; TB058; TB060.\nAuthorised Vessel: bonafide emergency vessels\nSouth of Swim Channel\nAll waters starting 38 metres south of the Fuel Jetty extending 110 metres in a southerly direction\nfollowing the foreshore and 25 metres east\nAuthorised Vessel: bonafide emergency vessels.\nNorth of Hotel Jetty\nAll waters north of the Hotel Jetty extending 51 meters in a northerly direction and 25 metres east.\nAuthorised Vessel: bona fide emergency vessels and competitor’s support paddle craft displaying a 2024\nRottnest Channel Swim sticker.\nSouth of Hotel Jetty\nAll waters south of the Hotel Jetty extending 51 metres following the foreshore in a southerly direction\nand 25 metres east.\nAuthorised Vessel: bona fide emergency vessels and tenders <3.75metres in length.\nThese restrictions have been put in place due to the unusually large number of vessels and people\nentering the Rottnest Reserve and the need achieve public safety. Appropriate signage will be placed\non site and a map showing these restrictions is available for viewing at http://www.rottnestisland.com\nMariners are further advised that due to the proximity of the swim channel to fuel dispensing facilities,\nfuel supplies will not be available between 10.00am to 6.00pm on Saturday 24 February 2024.\nMariners are advised to navigate with caution and maintain a safe clearance when\ntransiting this area.\nARVID HOGSTROM, Director Environment Heritage and Parks,\nRottnest Island Authority.\n———————————\n\n12 January 2024 GOVERNMENT GAZETTE, WA 57\nRX402\nROTTNEST ISLAND REGULATIONS 1988\nTEMPORARY NOTICE TO MARINERS\nClosure of Waters to Boating for Special Event\nThomson Bay North, Rottnest Island\n25 February 2024\nActing pursuant to the powers conferred by regulation 38B of the\nRottnest Island Regulations 1988,\nthe Rottnest Island Authority hereby closes the following waters to all vessels, excluding bona fide\nemergency and authorised support vessels.\nThomson Bay (North)\nBetween 9.00am and 10.30am Sunday 25 February 2024.\nAll waters between the Stark Jetty and Main Jetty extending eastwards from the foreshore following a\nline along the southern side of Stark Jetty to a position 115° 32’ 30.8E and 31° 59’40.5S, then south to\na position 115° 32’31.9E and 31° 59’42.2S finishing at a point on the Main Jetty at 115° 32’32.0E and\n31° 59’ 43.2S.\nThese restrictions have been put in place to ensure safety of swimmers competing in the Champs of the\nBay. Event safety craft will be patrolling the area to guide passing vessels. A map showing this\nrestriction is available at www.rottnestisland.com on the ‘Notices to Mariners’ page.\nARVID HOGSTROM, Director Environment Heritage and Parks,\nRottnest Island Authority.\nTRAINING\nTA401\nVOCATIONAL EDUCATION AND TRAINING ACT 1996\nAPPOINTMENTS\nMade by the Minister for Training and Workforce Development under section 19(1)(a) of the\nVocational\nEducation and Training Act 1996.\nCitation\nThis instrument may be cited as the\nState Training Board (Appointment of Members) (No. 1) 2023.\n\n58 GOVERNMENT GAZETTE, WA 12 January 2024\nAppointment\nThe persons whose names are listed below, namely—\no Captain Angela Bond, RAN, Defence Lead, Defence Industry Pathways Program, Australian\nDepartment of Defence\no Ms Fran Kirby, Human Resources Consultant, Accor\nare reappointed as members of the Western Australian State Training Board in accordance with section\n19(1) of the\nVocational Education and Training Act 1996 for the period commencing 1 January 2024\nand ending 31 December 2026.\nThe person whose name is listed below, namely—\no Mr Shannon O’Rourke, Chief Executive Officer, Future Batteries Institute Cooperative\nResearch Centre\nis appointed as a member of the Western Australian State Training Board in accordance with section\n19(1) of the\nVocational Education and Training Act 1996 for the period commencing 1 January 2024\nand ending 31 December 2026.\nDated this 11th day of December 2023.\nHon. SIMONE MCGURK, MLA, Minister for Training and Workforce Development.\nPUBLIC NOTICES\nZZ401\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the estate of Alice Elizabeth Mary Carruthers who died on 9th January 2023, late of 3 Ela Street,\nLeeming Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the estate of the deceased are required by the Executrix of the deceased estate, Helen\nVanderwacht, to send particulars of their claim to PO Box 1553, Canning Vale DC WA 6970 within\n30 days of this notice, after which date the Executrix may convey or distribute the assets having regard\nonly to the claims of which she then has notice.\n———————————\nZZ402\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the estate of Heidi Andrea Little formerly of 8 Mill Place, Denmark in the State of Western Australia,\nRetired, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 (WA) relates)\nin respect of the estate of the deceased, who died on 28 April 2023, are required by the executor, Jennifer\nAnne Egerton-Warburton, c/- HFM Legal, PO Box 1 Maddington, WA 6989, to send particulars of their\nclaims to them at HFM Legal of PO Box 1 Maddington, WA 6989, by the date being one month following\nthe publication of this notice, after which date the Executor may convey or distribute the assets, having\nregard only to claims of which they then have notice.\n———————————\nZZ403\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the estate of Ryan Murtland Anderson late of Unit 65, 50 Cambridge Street, West Perth, in the State\nof Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 (WA) relates)\nin respect of the estate of the deceased, who died on 11 May 2023, are required by the administrator,\nTrudy Fay Simpson of 34 Hibbertia Way, Hay, in the State of Western Australia to send particulars of\ntheir claims to them at HFM Legal of PO Box 1 Maddington, WA 6989, by the date being one month\nfollowing the publication of this notice, after which date the Administrator may convey or distribute\nthe assets, having regard only to claims of which they then have notice.\n\n12 January 2024 GOVERNMENT GAZETTE, WA 59\nZZ404\nTRUSTEES ACT 1962\nDeceased Estates\nNotice to Creditors and Claimants\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the Estates of the undermentioned deceased persons are required to send particulars of their\nclaims to me on or before 12 February 2024 after which date I may convey or distribute the assets,\nhaving regard only to the claims of which I then have notice.\nBeeck, Brendan Douglas, late of 12 Rayment Street, Lathlain, who died on 15 September 2023\n(DE19891920 EM22).\nBotterill, Neil Dundas, late of Unit 142, 14 Morrison Street, Como, who died on 19 September 2023\n(DE33085864 EM35).\nCarter, Stanley Joseph, late of 8 Seventh Avenue, Kensington, who died on 1 December 2023\n(DE19732645 EM15).\nLawrence, Walter Leonard, late of Craigcare Ascot Waters, 2 Waterway Crescent, Ascot, who died on\n30 November 2023 (DE33099162 EM17).\nLivingstone, Grace Herd, late of Mercy Place Mont Clare, 9 Dean Street, Claremont, who died\n5 November 2023 (DE33065611 EM14).\nLovett, Dorothy Sylvia, late of 5 Myrna Way, Parkwood, who died on 4 November 2023\n(DE19991185 EM26).\nMacmillan, Gwen, late of The Pines Aegis, 167 Ponte Vecchio Boulevard, Ellenbrook, who died on\n12 October 2023 (DE19971202 EM37).\nMatthews, Eric John, late of 25 Graham Crescent, Bentley, who died on 5 November 2023\n(DE20001289 EM113).\nMitchell, Brian Ernest, formerly of 3 Hartog Crescent, Dampier, late of Yaandina Aged & Community\nCare Services, 56 Hampton Street, Roebourne, who died on 16 December 2023\n(DE19961143 EM22).\nStaines, Dorothy Georgina Flett (also known as Judy Staines), late of Baptistcare Graceford, 18 Turner\nRoad, Byford, who died on 1 November 2023 (DE20012124 EM14).\nWest, Brian George, formerly of 45 Lombardy Street, Woodlands, late of Mosman Park Nursing Home,\n57 Palmerston Street, Mosman Park, who died on 30 January 2008 (DE33187557 EM110).\nZasillo, Vincenzo Santino, late of Unit 19, 35 Elizabeth Street, Cloverdale, who died on 17 November\n2023 (DE19882448 EM23).\nBRIAN ROCHE, Public Trustee,\n553 Hay Street, Perth WA 6000.\nTelephone: 1300 746 212.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating dog ownership and kennel operations within the City of Busselton. It updates and replaces the 2014 version but does not significantly expand beyond the traditional scope of local dog control laws."},"complexity_factors":["Moderate length (approximately 8 pages of substantive content)","Cross-references to the Dog Act 1976, Dog Regulations 2013, and Local Government Act 1995","Detailed technical specifications for kennel construction in Schedule 2 (measurements, materials, drainage requirements)","Multiple conditional exceptions (e.g., rural zoning exemptions for dog numbers, planning scheme exemptions for kennel notices)","Defined terms section with 12 specific definitions","Nested penalty structure with modified penalties for specific offences and higher penalties for dangerous dogs","Procedural requirements for applications (notices, submissions, timeframes)"],"plain_english_summary":"This City of Busselton local law replaces the 2014 dog rules, regulating dog containment, numbers and commercial kennels within the council area. It affects dog owners, kennel operators and people using public spaces, requiring secure confinement, limits on numbers, licensed standards for breeding/boarding businesses, and obligations to pick up dog waste.\n\nThe council can impound roaming dogs and impose fines (including large penalties for serious or ongoing breaches) to protect public safety, amenity and animal welfare."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-busselton-dogs-local-law-2023","history":"/api/acts/city-of-busselton-dogs-local-law-2023/history","analysis":"/api/acts/city-of-busselton-dogs-local-law-2023/analysis","conflicts":"/api/acts/city-of-busselton-dogs-local-law-2023/conflicts","importantCases":"/api/acts/city-of-busselton-dogs-local-law-2023/important-cases","documents":"/api/acts/city-of-busselton-dogs-local-law-2023/documents"}}