{"id":"wa-local:subiaco-city-of-city-of-subiaco-waste-local-law-2023","name":"City of Subiaco - Waste Local Law 2023","slug":"city-of-subiaco-waste-local-law-2023","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438962,"registerId":"wa-local:subiaco-city-of-city-of-subiaco-waste-local-law-2023-pdf-1775955162184","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Subiaco - Waste Local Law 2023","content":"1489\nISSN 2204-4264 (online)\nPERTH, FRIDAY, 21 JUNE 2024 No. 74\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nCONTENTS\nPage\nAgriculture and Food ......................................................................................................................... 1491\nHealth ................................................................................................................................................. 1493\nJustice ................................................................................................................................................ 1493\nLocal Government .............................................................................................................................. 1494\nPlanning ............................................................................................................................................. 1500\nPremier and Cabinet ......................................................................................................................... 1507\nProclamations .................................................................................................................................... 1491\nPublic Notices..................................................................................................................................... 1512\nWorkCover ......................................................................................................................................... 1507\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.\nADVERTISING RATES AND PAYMENTS\nEFFECTIVE FROM 1 JULY 2024 (Prices include GST)\nPublic Notices Section—$80.16 minimum charge (except items of an exceptionally large nature. In these\ninstances arrangements will be made for pricing the notice at time of lodging).\nAll other Notices—\nPer Column Centimetre—$15.99\nBulk Notices—$292.74 per page\nClients who have an account will only be invoiced for charges over $100.\nFor charges under $100, clients will need to supply credit card details at time of lodging notice\n(i.e. a notice under 7cm would not be invoiced).\nClients without an account will need to supply credit card details at the time of lodging the notice.\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1491\nPROCLAMATIONS\nAA101\nMAIN ROADS ACT 1930\nPROCLAMATION\nWestern Australia His Excellency\nThe Honourable Christopher John Dawson,\nC. DAWSON, AC APM,\nGovernor Governor of the State of Western Australia\nMRWA 10/1488\nWHEREAS by Section 28A of the\nMain Roads Act 1930 as amended, it is provided that the Governor\nmay on the recommendation of the Commissioner, by proclamation declare that any section or part of\na road is a COA road section, and the places only at which it may be entered or departed from; and\nwhereas the Commissioner has recommended that the road sections delineated on the drawing specified\nin Schedule 1 hereto shall be subject to Control of Access. Therefore, I the Governor, acting with the\nadvice and consent of the Executive Council, in exercise of the powers contained in Section 28A of the\nMain Roads Act 1930, as amended, and pursuant to the recommendations do hereby declare the road\nsections delineated on the plans and as generally described in Schedule 1 shall be COA road sections,\nand the places only at which it may be entered or departed from shall be shown on those plans.\nGiven under my hand and the Public Seal of the said State at Perth\nOn 11 June 2024.\nBy His Excellency’s Command,\nR. SAFFIOTI, Minister for Transport.\nGOD SAVE THE KING!\n————\nSCHEDULE\nCONTROL OF ACCESS\n(MRWA 10/1488)\nRoad Name Route Number Local Authority As Delineated on Drawing No.\nOnslow Road M049 Shire of Ashburton 2460-070\nWarrirda Road M075 Shire of Ashburton 2460-062\n2460-063\n2460-064\n2460-065\nNorth West\nCoastal Highway\nH007 Shire of Ashburton 2460-094\nAGRICULTURE AND FOOD\nAG401\nBIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007\nDETERMINATION NOTICE—DECLARED PEST RATES 2024-25\nUnder section 130 of the\nBiosecurity and Agriculture Management Act 2007 I determine rates\nchargeable on land in the prescribed areas for the financial year commencing on 1 July 2024 as\nfollows—\n(a) 6.4724 cents in the dollar on the unimproved value of land held under pastoral leasehold in the\nlocal government districts of Carnarvon, Exmouth, Greater Geraldton, Murchison, Upper\nGascoyne, Northampton, and Shark Bay\n(b) 7.749 cents in the dollar on the unimproved value of land held under pastoral leasehold in the\nlocal government districts of Coolgardie, Dundas, Kalgoorlie-Boulder, Laverton, Leonora,\nMenzies, Ngaanyatjarraku, Sandstone, Wiluna and Yilgarn\n\n1492 GOVERNMENT GAZETTE, WA 21 June 2024\n(c) 0.5441 cents in the dollar on the unimproved value of the land held under pastoral leasehold\nin the local government districts of Broome, Derby-West Kimberley, Wyndham-East Kimberley\nand Halls Creek\n(d) 6.719 cents in the dollar on the unimproved value of the land held under pastoral leasehold in\nthe local government districts of Cue, Meekatharra, Mount Magnet, Mount Marshall, Perenjori\nand Yalgoo\n(e) 2.451 cents in the dollar on the unimproved value of land held under pastoral leasehold in the\nlocal government districts of Ashburton, East Pilbara, Karratha and Port Hedland\n(f) 0.0457 cents in the dollar on the unimproved value of freehold land in the local government\ndistricts of Dalwallinu, Koorda, Morawa and Perenjori, that is no less than 100 hectares in area\nwith a minimum rate payable amount of $87\n(g) 0.00913 cents in the dollar on the unimproved value of freehold land in the local government\ndistricts of Carnamah, Coorow, Dandaragan, Mingenew, Moora, Irwin and Three Springs, that\nis no less than 100 hectares in area with a minimum rate payable amount of $104.50\n(h) 0.0280 cents in the dollar on the unimproved value of freehold land in the local government\ndistricts of Chapman Valley, Greater Geraldton and Northampton, that is no less than 100\nhectares in area with a minimum rate payable amount of $80\n(i) a flat rate on freehold land in the local government districts of Boyup Brook, Bridgetown-\nGreenbushes, Donnybrook-Balingup (in the localities of Balingup, Mullalyup, Grimwade,\nSouthampton, and Wilga West) and West Arthur, that is—\ni. a fixed sum of $50 on freehold land on the rural valuation roll maintained under the\nValuation of Land Act 1978\nii. a fixed sum of $40 on freehold land within a town-site described as urban residential or\nurban farming or urban vacant or urban miscellaneous on the urban valuation roll\nmaintained under\nValuation of Land Act 1978\n(j) a flat rate (fixed sum) on freehold land in the local government district of Esperance that is no\nless than 100 hectares in size as follows –\nHectare ranges Flat rate (fixed sum) $\n100—5,000 50\n> 5000—10,000 200\n> 10,000 500\n(k) a flat rate (fixed sum) of $30 on freehold land on the rural, urban and/or metropolitan valuation\nrolls maintained under the\nValuation of Land Act 1978 in the local government districts of\nHarvey, Mandurah, Murray, Serpentine-Jarrahdale and Waroona, that is no less than one (1)\nhectare in area\n(l) a flat rate (fixed sum) on freehold land in the local government district of Ravensthorpe that is\ndescribed as urban farming or urban residential or urban vacant or urban miscellaneous on the\nnon-rural and on the rural valuation rolls maintained under the\nValuation of Land Act 1978 as\nfollows –\nHectare ranges Flat rate (fixed sum) $\n50 ha or less 24\n> 50—200 39\n> 200—500 75\n> 500—1,000 141\n> 1,000—2,000 200\n> 2,000—3,500 377\n> 3,500—5,000 528\n> 5,000—7,500 698\n> 7,500—9,000 848\n> 9,000 1,107\n(m) a flat rate (fixed sum) on freehold land in the local government districts of Bunbury, Capel,\nDardanup and Donnybrook-Balingup (in the localities of Argyle, Beelerup, Brazier,\nBrookhampton, Charley Creek, Cundinup, Donnybrook, Glen Mervyn, Kirup, Lowden,\nMumballup, Newlands, Noggerup, Paynedale, Queenwood, Thomson Brook, Upper Capel and\nYabberup), described as urban farming on the non-rural valuation roll and freehold land on the\nrural valuation roll maintained under the\nValuation of Land Act 1978 as follows –\nHectare ranges Flat rate (fixed sum) $\n1—10 51.90\n> 10 66.10\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1493\n(n) a flat rate (fixed sum) on freehold land in the local government districts of Kondinin, Kulin,\nLake Grace, Merredin, Mount Marshall, Mukinbudin, Narembeen, Nungarin, Trayning,\nWestonia and Yilgarn, that is no less than 20 hectares in area as follows –\nHectare ranges Flat rate (fixed sum) $\n20—1000 33\n> 1,000—2,000 49.5\n> 2,000—5,000 154\n> 5,000—10,000 275\n> 10,000—15,000 440.15\n> 15,000 660.75\nDated 12th June 2024.\nHon. JACKIE JARVIS, MLC, Minister for Agriculture and Food.\nImportant Disclaimer\nThe Chief Executive Officer of the Department of Primary Industries and Regional Development and\nthe State of Western Australia accept no liability whatsoever by reason of negligence or otherwise\narising from the use or release of this information or any part of it.\nCopyright © State of Western Australia (Department of Primary Industries and Regional\nDevelopment), 2024.\nHEALTH\nHE401\nHEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 (WA)\nPERINATAL AND INFANT MORTALITY COMMITTEE (APPOINTMENT OF MEMBER)\nINSTRUMENT 2024\nMade by the Minister under section 340AB of the\nHealth (Miscellaneous Provisions) Act 1911.\n1. Citation\nThis instrument may be cited as the\nPerinatal and Infant Mortality Committee (Appointment of\nMember) Instrument 2024.\n2. Appointment of Member\nDr Scott William White is appointed as Member to the Perinatal and Infant Mortality Committee under\nsection 340AB(3)(b) of the\nHealth (Miscellaneous Provisions) Act 1911 for three years commencing on\n1 July 2024 and expiring on 30 June 2027.\nHon. AMBER-JADE SANDERSON, MLA, Minister for Health.\nJUSTICE\nJU401\nPRISONS ACT 1981\nPERMIT DETAILS\nPursuant to Section 15U of the\nPrisons Act 1981, I hereby revoke the following permits—\nSurname Other Name(s) Permit No.\nAnderson Vaughan Geoffrey PA 0147\nDickinson Janet PA 0400\nFlynn John Michael PA 0668\nGliddon Tyler James PA 0811\nHayden Hayley Katherine PA 0794\nJackson Tara Maree PA 0777\nMuthu Geetha PA 0837\nThomson Rebekah PA 0512\nDated 14 June 2024.\nBRAD ROYCE APM, Commissioner Corrective Services.\n\n1494 GOVERNMENT GAZETTE, WA 21 June 2024\nLOCAL GOVERNMENT\nLG401\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nCity of Subiaco\nWASTE LOCAL LAW\n2023\nUnder the powers conferred on it by the\nWaste Avoidance and Resource Recovery Act 2007, the\nLocal\nGovernment Act 1995 and under all other enabling powers, the Council of the City of Subiaco resolved\non 19 March 2024 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis is the\nCity of Subiaco Waste Local Law 2023.\n1.2 Commencement\nThis local law commences 14 days after the day on which it is published in the\nGovernment Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nThe City of Subiaco Waste Local Law 2022 published in the\nGovernment Gazette on 14 March 2023, is\nrepealed.\n1.5 Meaning of terms used in this local law\n(1) In this local law—\nauthorised person means a person appointed by the local government under section 9.10 of the\nLG Act to perform any of the functions of an authorised person under this local law;\ncollectable waste means local government waste that is not—\n(a) liquid refuse;\n(b) liquid waste; or\n(c) non-collectable waste;\nCollectable waste receptacle means a receptacle for the deposit and collection of collectable\nwaste that is—\n(a) A recycling waste receptacle;\n(b) A general waste receptacle; or\n(c) An organic waste receptacle;\ncollection, when used in relation to a receptacle, means the collection and removal of collectable\nwaste from the receptacle by the local government or its contractor;\ncollection day means the day determined by the local government for the collection of collectable\nwaste in the district or a part of the district;\ncollection time means the time on the collection day determined by the local government for the\ncollection of collectable waste in the district or a part of the district;\ncosts of the local government include administrative costs;\nCouncil means the council of the local government;\ndistrict means the district of the local government;\ngeneral waste receptacle means a receptacle for the deposit and collection of collectable waste\nthat is not recycling waste;\nLG Act means the\nLocal Government Act 1995;\nLG Regulations means the\nLocal Government (Functions and General) Regulations 1996;\nlocal government means City of Subiaco;\nlocal government waste has the same meaning as in the WARR Act;\nnon-collectable waste has the meaning set out in Schedule 1;\noccupier in relation to premises, means any or all of the following—\n(a) a person by whom or on whose behalf the premises are actually occupied; or\n(b) a person having the management or control of the premises;\norganic waste means waste that decomposes readily, such as garden waste or food waste;\norganic waste receptacle means a receptacle for the deposit and collection of organic waste;\nowner has the same meaning as in the LG Act;\npublic place includes a place to which the public ordinarily have access, whether or not by\npayment of a fee;\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1495\nreceptacle, means a receptacle—\n(a) that has been supplied for the use of the premises by the local government or its\ncontractor, or which has otherwise been approved by the local government; and\n(b) the waste from which is collected and removed from the premises by the local government\nor its contractor;\nrecycling waste receptacle means a receptacle for the deposit and collection of recycling waste;\nrecycling waste means—\n(a) paper and cardboard;\n(b) plastic containers comprised of polyethylene terephthalate or high density polyethylene;\n(c) glass containers;\n(d) steel containers;\n(e) aluminium containers;\n(f) liquid paper board; and\n(g) any other waste determined by the local government to be recycling waste;\nspecified means specified by the local government or an authorised person, as the case may be;\nstreet alignment means the boundary between the land comprising a street and the land that\nabuts the street;\nWARR Act means the\nWaste Avoidance and Resource Recovery Act 2007;\nWARR Regulations means the\nWaste Avoidance and Resource Recovery Regulations 2008;\nwaste has the same meaning as in the WARR Act; and\nwaste service has the same meaning as in the WARR Act.\n(2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and\noccupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or\noccupiers.\n1.6 Local public notice of determinations\nWhere, under this local law, the local government has a power to determine a matter—\n(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;\n(b) the determination becomes effective only after local public notice has been given;\n(c) the determination remains in force for the period of one year after the date that local public\nnotice has been given under subclause (a);\n(d) after the period referred to in subclause (c), the determination continues in force only if, and\nfor so long as, it is the subject of local public notice, given annually, under section 1.7 of the LG\nAct; and\n(e) the determination must be recorded in a publicly accessible register of determinations that\nmust be maintained by the local government.\n1.7 Rates, fees and charges\nThe local government’s powers to impose rates, fees and charges in relation to waste services are set\nout in sections 66 to 68 of the WARR Act and sections 6.16 and 6.17 of the LG Act.\n1.8 Power to provide waste services\nThe local government’s power to provide, or enter into a contract for the provision of, waste services is\ndealt with in section 50 of the WARR Act.\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Supply of receptacles\n(1) The local government is to supply, for the use of each premises that are, or are capable of being,\noccupied or used for residential purposes, one or more receptacles for the collection and removal,\nfrom those premises, of collectable waste.\n(2) The owner of premises to which subclause (1) applies must—\n(a) ensure that the fee or charge (if any) imposed by the local government in relation to each\nreceptacle is paid to the local government; and\n(b) ensure that each receptacle is used, in respect of those premises, in accordance with this local\nlaw.\n2.2 Deposit of waste in receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any\nnon-collectable waste.\n(2) A person must not deposit waste in a receptacle that has been provided for the use of other premises\nwithout the consent of the owner or occupier of those premises.\n\n1496 GOVERNMENT GAZETTE, WA 21 June 2024\n2.3 General waste receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste\nreceptacle—\n(a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable waste;\nor\n(b) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n(2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any recycling waste.\n(3) Where the local government supplies organic waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any organic waste.\n2.4 Recycling waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in a recycling waste\nreceptacle—\n(a) anything other than the particular type of recycling waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres— more than 70 kilograms of recycling waste;\nor\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.5 Organic waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in an organic waste\nreceptacle—\n(a) anything other than the particular type of organic waste for which that receptacle was provided\nby the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.6 Direction to place or remove a receptacle\n(1) The local government or an authorised person may give a written direction to an owner or occupier\nof specified premises—\n(a) to place a receptacle in respect of those premises for collection; or\n(b) to remove a receptacle in respect of those premises after collection.\n(2) The direction under subclause (1) may specify when the placement or removal is to occur, or where\nthe receptacle is to be placed, or both.\n(3) An owner or occupier of premises must comply with a direction given under this clause.\n2.7 Duties of owner or occupier\nAn owner or occupier of premises must—\n(a) except for a reasonable period before and after collection time, keep each receptacle in a storage\nspace or area that is behind the street alignment;\n(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the premises,\nor other area as determined by the local government, to ensure that, within a reasonable period\nbefore collection time, each receptacle is—\n(i) within 1 metre of the carriageway;\n(ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way or\ncarriageway; and\n(iii) facing squarely to the edge of and opening towards the carriageway,\nor in such other position as is approved in writing by the local government or an authorised\nperson; and\n(c) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as\npracticable, after the event.\n2.8 Exemption\n(1) An owner or occupier of premises may apply in writing to the local government for an exemption\nfrom compliance with the requirements of clause 2.7(a) or (b).\n(2) The local government or an authorised person may grant, with or without conditions, or refuse an\napplication for exemption from compliance under this clause.\n(3) An exemption granted under this clause must state—\n(a) the premises to which the exemption applies;\n(b) the period during which the exemption applies; and\n(c) any conditions imposed by the local government or the authorised person.\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1497\n(4) An exemption granted under this clause ceases to apply—\n(a) if the local government decides, on reasonable grounds, that there has been a failure to comply\nwith a condition of the exemption; and\n(b) from the date that the local government informs the owner or occupier of its decision under\nclause 2.8(4)(a).\n2.9 Damaging or removing receptacles\nA person, other than the local government or its contractor, must not—\n(a) damage, destroy or interfere with a receptacle; or\n(b) except as permitted by this local law or as authorised by the local government or an authorised\nperson, remove a receptacle from any\npremises to which it was delivered by the local government or its contractor.\n2.10 Verge collections\n(1) Where the local government has advertised a verge waste collection (such as a green waste, or a\nbulk waste, verge collection) a person, unless with and in accordance with the approval of the local\ngovernment or an authorised person—\n(a) must deposit waste only during the period of time, and in accordance with other terms and\nconditions, as advertised by the local government in relation to that verge waste collection; and\n(b) must otherwise comply with those terms and conditions.\n(2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove\nany of that waste for a commercial purpose but may remove it for any other purpose.\n(3) Except where waste is lawfully removed from a verge under this clause, a person must not\ndisassemble or tamper with any waste deposited on a verge for a verge waste collection so as to\nincrease the risk of harm to any person.\n(4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the local\ngovernment in relation to the verge waste collection.\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier\nAn owner or occupier of premises must—\n(a) take reasonable steps to ensure that a sufficient number of receptacles are provided to contain\nall waste which accumulates or may accumulate in or from the premises;\n(b) ensure that each receptacle is kept in good condition and repair;\n(c) take all reasonable steps to—\n(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches, rodents\nand other vectors of disease;\n(ii) prevent the emission of offensive or noxious odours from each receptacle; and\n(iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining\npremises; and\n(d) whenever directed to do so by the local government or an authorised person, thoroughly clean,\ndisinfect, deodorise and apply a residual insecticide to each receptacle.\n3.2 Removal of waste from premises\n(1) A person must not remove any waste from premises unless that person is—\n(a) the owner or occupier of the premises;\n(b) authorised to do so by the owner or occupier of the premises; or\n(c) authorised in writing to do so by the local government or an authorised person.\n(2) A person must not remove any waste from a receptacle without the approval of—\n(a) the local government or an authorised person; or\n(b) the owner or occupier of the premises at which the receptacle is ordinarily kept.\n3.3 Receptacles and containers for public use\nA person must not, without the approval of the local government or an authorised person—\n(a) deposit household, commercial or other waste from any premises on or into; or\n(b) remove any waste from,\na receptacle provided for the use of the general public in a public place.\nPART 4—ENFORCEMENT\n4.1 Objection and appeal rights\nDivision 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary or\ncancel—\n(a) an approval under clause 2.7(b);\n(b) an exemption under clause 2.8(2);\n(c) an approval under clause 2.9(b);\n(d) an approval under clause 2.10(1);\n\n1498 GOVERNMENT GAZETTE, WA 21 June 2024\n(e) an authorisation under clause 3.2(1)(c);\n(f) an approval under clause 3.2(2); and\n(g) an approval under clause 3.3.\n4.2 Offences and general penalty\n(1) A 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 a person is prohibited from doing, commits an offence.\n(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, toa further penalty not exceeding\n$500 in respect of each day or part of a day during which the offence has continued.\n4.3 Other costs and expenses\n(1) A person who is convicted of an offence under this local law is to be liable, in addition to any penalty\nimposed under clause 5.2, to pay to the local government the costs and expenses incurred by the\nlocal government in taking remedial action such as—\n(a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or\n(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to the\nlocal government, in a court of competent civil jurisdiction.\n4.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section\n9.16(1) of the LG Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 2.\n4.5 Form of notices\n(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations.\n(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in\nSchedule 1 of the LG Regulations.\n(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of\nForm 3 in Schedule 1 of the LG Regulations.\n————\nSCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE\n[Clause 1.5(1)]\nnon-collectable waste means—\n(a) hot or burning material;\n(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,\npesticides, oils, gas cylinders, batteries, chemicals and heavy metals;\n(c) any other hazardous material, such as radioactive waste;\n(d) any explosive material, such as flares or ammunition;\n(e) electrical and electronic equipment;\n(f) hospital, medical, veterinary, laboratory or pathological substances;\n(g) construction or demolition waste;\n(h) sewage;\n(i) ‘controlled waste’ for the purposes of the\nEnvironmental Protection (Controlled Waste)\nRegulations 2004;\n(j) any object that is greater in length, width, or breadth than the corresponding dimension of the\nreceptacle or that will not allow the lid of the receptacle to be tightly closed;\n(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious\nodour, or to attract flies or cause fly breeding unless it is first wrapped in non- absorbent or\nimpervious material or placed in a sealed impervious and leak-proof container; and\n(l) any other waste determined by the local government to be non-collectable waste.\n————\nSCHEDULE 2—PRESCRIBED OFFENCES\nItem\nNo.\nClause No. Description Modified\nPenalty\n1 2.1(2)(a) Failing to pay fee or charge $350\n2 2.1(2)(b) Failing to ensure lawful use of receptacle $350\n3 2.2(1) Depositing non-collectable waste in a receptacle $350\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1499\nItem\nNo.\nClause No. Description Modified\nPenalty\n4 2.2(2) Depositing waste in another receptacle without consent $350\n5 2.3(1) Exceeding weight capacity of a general waste receptacle $350\n6 2.3(2) and (3) Depositing unauthorised waste in a general waste\nreceptacle\n$350\n7 2.4(a) Depositing unauthorised waste in a recycling waste\nreceptacle\n$350\n8 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle $250\n9 2.5(a) Depositing unauthorized waste in an organic waste\nreceptacle\n$350\n10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle $350\n11 2.6(3) Failing to comply with a direction concerning placement or\nremoval of a receptacle\n$250\n12 2.7(a) Failing to keep a receptacle in the required location $250\n13 2.7(b) Failing to place a receptacle for collection in a lawful\nposition\n$250\n14 2.7(c) Failing to notify of a lost, stolen, damaged or defective\nreceptacle\n$250\n15 2.9(a) Damaging, destroying or interfering with a receptacle $400\n16 2.9(b) Removing a receptacle from premises $400\n17 2.10(1) Failing to comply with a term or condition of verge waste\ncollection\n$400\n18 2.10(2) Removing waste for commercial purposes $350\n19 2.10(3) Disassembling or leaving in disarray waste deposited for\ncollection\n$250\n20 3.1(a) Failing to provide a sufficient number of receptacles $250\n21 3.1(b) Failing to keep a receptacle clean and in a good condition\nand repair\n$250\n22 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a\nreceptacle\n$350\n23 3.1(c)(ii) Failing to prevent the emission of offensive odours from a\nreceptacle\n$350\n24 3.1(c)(iii) Allowing a receptacle to cause a nuisance $350\n25 3.1(d) Failing to comply with a direction to clean, disinfect or\ndeodorise receptacle\n$300\n26 3.2(1) Unauthorised removal of waste from premises $250\n27 3.2(2) Removing waste from a receptacle without approval $250\nDated this 21st of May 2024.\nThe Common Seal of the City of Subiaco was affixed by authority of a resolution of the Council in the\npresence of—\nDAVID McMULLEN, Mayor.\nCOLIN CAMERON, Chief Executive Officer.\nConsented to—\nALISTAIR JONES, Chief Executive Officer,\nDepartment of Water and Environmental Regulation.\nDated this 12th of January 2024.\n———————————\n\n1500 GOVERNMENT GAZETTE, WA 21 June 2024\nPLANNING\nPL401\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Cockburn\nTown Planning Scheme No. 3 Amendment No. 171\nFile: TPS/3144\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 abovementioned amendment to the\nCity of Cockburn Town Planning Scheme No. 3 on 04 June 2024 for the purpose of—\n1. Rezoning various lots within ‘Development Area 13’ from ‘Development’ to ‘Residential (R20)’,\n‘Residential (R25)’, ‘Residential (R30)’, ‘Residential (R40)’ and ‘Residential (R60)’ as depicted\non the Scheme Amendment Map.\n2. Reclassifying land within ‘Development Area 13’ from the ‘Development’ zone to a local reserve\nfor ‘Parks and Recreation’, ‘Lakes and Drainage’ and/or ‘Local Road’ as depicted on the Scheme\nAmendment Map.\n3. Rezoning Lot 601 (#23) Jubilee Avenue, Success from ‘Development’ and ‘Residential (R20)’ to\n‘Residential (R40)’.\n4. Reclassifying Lot 8005 Jubilee Avenue, Success from ‘Residential (R20)’ to a local reserve for\n‘Parks and Recreation’.\n5. Reclassifying the unconstructed southern extension of Seabrook Place, Success from ‘Local\nRoad’ to a local reserve for ‘Parks and Recreation’.\n6. Reclassifying Reserve 42979 Seabrook Place, Success from ‘Lakes and Drainage’ to a local\nreserve for ‘Parks and Recreation’.\n7. Reducing the extent of the ‘Development Area 13’ special control area boundary, as depicted on\nthe Scheme Amendment Map.\nL. HOWLETT, Mayor.\nD. SIMMS, Chief Executive Officer.\n———————————\nPL402\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Canning\nLocal Planning Scheme No. 42 Amendment No. 9\nFile: TPS/3013\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 abovementioned amendment to the\nCity of Canning Local Planning Scheme No. 42 on 04 June 2024 for the purpose of—\n1. Inserting the land use ‘Independent living complex’ into Table 3—Zoning Table in appropriate\nalphabetical order with the following land use permissibility—\nUse Classes\n1. Centre\n2. Commercial\n3. District Centre\n4. General Industry\n5. Light Industry\n6. Local Centre\n7. Mixed Use\n8. Private Community Purposes\n9. Residential\n10. Rural\n11. Rural Residential\n12. Service Commercial\n13. Urban Development\nIndependent Living\nComplex D X X X X X P D P X X X D\n2. Changing the land use permissibility of the land use ‘Consulting Rooms’ in Table 3—Zoning\nTable in accordance with the following—\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1501\nUse Classes\n1. Centre\n2. Commercial\n3. District Centre\n4. General Industry\n5. Light Industry\n6. Local Centre\n7. Mixed Use\n8.Private Community Purposes\n9. Residential\n10. Rural\n11. Rural Residential\n12. Service Commercial\n13. Urban Development\nConsulting Rooms D P P X X P P D A A A D D\n3. Changing the land use permissibility of the land use ‘Educational Establishment’ in the\n‘General Industry’ zone from ‘X’ to ‘A’ and applying a\n“1” notation for the land use ‘Educational\nEstablishment’ within the General Industry and Light Industry zones in Table 3—Zoning Table\nin accordance with the following –\nUse Classes\n1. Centre\n2. Commercial\n3. District Centre\n4. General Industry\n5. Light Industry\n6. Local Centre\n7. Mixed Use\n8. Private Community Purposes\n9. Residential\n10. Rural\n11. Rural Residential\n12. Service Commercial\n13. Urban Development\nEducational\nEstablishment D D D A1 A1 D D P A X X D D\n4. Inserting a note under Table 3—Zoning Table and before Clause 3.3 Interpretating Zoning\nTable as follows—\n“ 1 Any Educational Establishment use within the General Industry and/or Light Industry zone\nshall be for training purposes only and associated with relevant zone objectives.”\n5. Inserting the land use ‘Independent living complex’ into Table 4—Land Use Parking\nRequirements in appropriate alphabetical order with the following parking requirements –\nLand Use\nCar Parking Bicycle Parking\n(Minimum)Centre Zone Other Zones\n(Minimum)\nIndependent Living\nComplex 1 space per unit. 1 space per unit.\n0.5 spaces per 100m2 NLA\n(0.4 space for visitors + 0.1\nspace for employees).\n6. Inserting the land use ‘Independent living complex’ into Clause 6.2—Land Use Terms Used in\nappropriate alphabetical order with the following definition—\nIndependent living complex means a development with self-contained, independent\ndwellings for aged or dependent persons together with communal amenities and facilities\nfor residents and staff that are incidental and ancillary to the provision of such\naccommodation, but does not include a development which includes these features as a\ncomponent of a residential aged care facility;\n7. Amending Schedule A—Supplementary Provisions to the Deemed Provisions by; replacing the\nwording Clause 13A with ‘Clause 13B’, and deleting Clause 61(1)(k) in its entirety and\nreplacing with the following—\nClause 61(1)\nColumn 1\nWorks\nColumn 2\nConditions\n22 Removal of the tree. (a) The tree is identified on the significant tree\nregister; or\n(b) The tree is required to be retained as a\ncondition of development approval.\n\n1502 GOVERNMENT GAZETTE, WA 21 June 2024\n8. Amending the Local Planning Scheme No. 42 Map by reserving a portion of Hamilton Street\nnear the intersection with Welshpool Road from ‘No Zone’ to ‘District Distributor Road’ as\nshown on the Scheme Amendment No. 9 Map.\n9. Amending the Local Planning Scheme No. 42 Map by reserving a portion of Hamilton Street\nnear the intersection with Manning Road from ‘No Zone’ to ‘District Distributor Road’ as shown\non the Scheme Amendment No. 9 Map.\n10. Amending the boundary of Special Control Area 3 at the intersection of Hamilton Street and\nManning Road as shown on the Scheme Amendment No. 9 Map.\n11. Amending the Local Planning Scheme No. 42 Map by reserving a portion of Fleming Avenue\nnear the intersection with Manning Road from ‘No Zone’ to ‘Local Distributor Road’ as shown\non the Scheme Amendment No. 9 Map.\n12. Amending the Local Planning Scheme No. 42 Map by reserving a portion of Station Street near\nthe intersection with Sevenoaks Street from ‘No Zone’ to ‘Local Distributor Road’ as shown on\nthe Scheme Amendment No. 9 Map.\n13. Amending the Local Planning Scheme No. 42 Map by reclassifying 25 Wyong Road (Lot 1661),\nBentley from ‘Drainage/Waterway’ to ‘Public Open Space’ as shown on the Scheme Amendment\nNo. 9 Map.\n14. Amending the Local Planning Scheme No. 42 Map by reclassifying the cul-de-sac at the end of\nShoveler Close from ‘Residential’ with a R-Code of R20 to ‘Local Road’ as shown on the Scheme\nAmendment No. 9 Map.\n15. Amending the Local Planning Scheme No. 42 Map by reclassifying 178 Crawford Street (Lot\n69), East Cannington and 180 Crawford Street (Lot 9000), East Cannington from ‘Residential’\nwith a R-Code of R20 to ‘Environmental Conservation’ as shown on the Scheme Amendment\nNo. 9 Map.\n16. Amending the Local Planning Scheme No. 42 Map by reclassifying 147-151 Gerard Street (Lot\n587), East Cannington from ‘Residential’ with a R-Code of R20 to ‘Environmental Conservation’\nas shown on the Scheme Amendment No. 9 Map.\n17. Amending the Local Planning Scheme No. 42 Map by reclassifying\na. 90 Gibbs Street (Lot 40), East Cannington;\nb. 92 Gibbs Street (Lot 100), East Cannington;\nc. 71 Thomas Street (Lot 63), East Cannington; and\nd. 73 Thomas Street (Lot 62), East Cannington.\nfrom ‘Residential’ with a R-Code of R30 to ‘Public Open Space’ as shown on the Scheme\nAmendment No. 9 Map.\n18. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Crawford Street\n(truncation) at the intersection with Elizabeth Street from ‘Residential’ with a R-Code of R20\nto ‘Local Road’ as shown on the Scheme Amendment No. 9 Map.\n19. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Crawford Street\n(truncation) at the intersection with Campbell Street from ‘Residential’ with a R-Code of R20\nto ‘Local Road’ as shown on the Scheme Amendment No. 9 Map.\n20. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Cornell Place\nfrom ‘Residential’ with a R-Code of R20 to ‘Local Road’ as shown on the Scheme Amendment\nNo. 9 Map.\n21. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Fitzroy Street\n(truncation) at the intersection with Centre Street from ‘Centre’ to ‘Local Road’ as shown on\nthe Scheme Amendment No. 9 Map.\n22. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Prince Street\n(truncation) at the intersection with Centre Street from ‘Centre’ to ‘Local Road’ as shown on\nthe Scheme Amendment No. 9 Map.\n23. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Clarke Street\n(truncation) at the intersection with Davies Street from ‘Residential’ with a R-Code of R40 to\n‘Local Road’ as shown on the Scheme Amendment No. 9 Map.\n24 Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Renou Street\n(truncation) at the intersection with Gibbs Street from ‘Residential’ with a R-Code of R60 to\n‘Local Road’ as shown on the Scheme Amendment No. 9 Map.\n25. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Lot 101 Gibbs\nStreet (ROW truncation) at the intersection with Gibbs Street from ‘Residential’ with a R-\nCode of R60 to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map.\n26. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Grey Street\n(truncation) at the intersection with Station Street from ‘Residential’ with a R-Code of R60 to\n‘Local Distributor Road’ as shown on the Scheme Amendment No. 9 Map.\n27. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Gedling Close\nnear the intersection with Vellgrove Avenue from ‘Local Distributor Road’ to ‘Local Road’ as\nshown on the Scheme Amendment No. 9 Map.\n28. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Alliance Loop\nnear the intersection with Woodthorpe Drive from ‘Urban Development’ to ‘Infrastructure\nServices’ as shown on the Scheme Amendment No. 9 Map.\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1503\n29. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Treemartin\nPlace from ‘Residential’ with a R-Code of R20 to ‘Local Road’ as shown on the Scheme\nAmendment No. 9 Map.\n30. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Witheridge Way\nfrom ‘Residential’ with a R-Code of R20 to ‘Local Road’ as shown on the Scheme Amendment\nNo. 9 Map.\n31. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Henry Street\n(truncation) at the intersection with Crawford Street from ‘Residential’ with a R-Code of R40\nto ‘Local Road’ as shown on the Scheme Amendment No. 9 Map.\n32. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Fitzroy Street\n(truncation) at the intersection with Railway Parade from ‘Centre’ to ‘Local Road’ as shown on\nthe Scheme Amendment No. 9 Map.\n33. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Fletcher Street\n(truncation) at the intersection with Leila Street from ‘Centre’ to ‘Local Road’ as shown on the\nScheme Amendment No. 9 Map.\n34. Amending the Local Planning Scheme No. 42 Map by reclassifying Lot 301 Pattie Street (Right\nof Way), Cannington from ‘Centre’ to ‘Local Road’ as shown on the Scheme Amendment No.\n9 Map.\n35. Amending the Local Planning Scheme No. 42 Map by zoning a small lot situated between\n69 Sevenoaks Street (Lot 301), Bentley and Sevenoaks Street (Land Key: 4358271) to ‘General\nIndustry’ and ‘Residential’ with a density code of R30 as shown on the Scheme Amendment No.\n9 Map.\nP. HALL, Mayor.\nM. LITTLETON, Chief Executive Officer.\n———————————\nPL403\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Bunbury\nLocal Planning Scheme No. 8 Amendment No. 10\nFile: TPS/3006\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 abovementioned amendment to the\nCity of Bunbury Local Planning Scheme No. 8 on 4 June 2024 for the purpose of—\nScheme Text Amendment 1—\nPart 3, cl 17 Zoning Table—Table 3\nModifying Table 3—’Zoning Table’ by revising the land use classification permissibility within\ndesignated zones of entries listed such that they appear within the Table as follows—\nTable 3—Zoning Table\nUse and Development Class\nZones\nRegional Centre Zone\nDistrict Centre\nNeighbourhood\nCentre Zone\nLocal Centre Zone\nMixed Use—\nCommercial Zone\nMixed Use—\nResidential Zone\nTourism Zone\nLiquor Store Large A D A D A X X X X\nLiquor Store Small A D A D A A A X A\nLunch Bar P P P P X A X A X A\nSmall Bar ² A D A D A X A X A\nScheme Text Amendment 2—\nPart 3, cl 18 Interpreting Zoning Table\nModifying text at cl.18 (2) to read as follows—\nA means that the use is not permitted unless the local government has exercised its discretion\nby granting development approval after advertising the application in accordance with\nclause 64 of the deemed provisions;\nNote 1: Delete last sentence—For development on land that does not require development\napproval see clause 61 of the deemed provisions.\n\n1504 GOVERNMENT GAZETTE, WA 21 June 2024\nNote 2: Delete and replace with—\nUnder Clause 61 of the deemed provisions, certain works and uses are exempt from\nthe requirement for development approval.\nAdd Note 3: In considering an application for development approval, the local government will\nhave regard to clause 67 of the deemed provisions. Clause 67 of the deemed\nprovisions deals with the consideration of applications for development approval\nby the local government. Under that clause, development approval cannot be\ngranted for development that is a class X use in relation to the zone in which the\ndevelopment is located, except in certain circumstances where land is being used\nfor a non-conforming use or is specified as an ‘Additional Use’ at Schedule 1.\nDelete number 6.\nRenumber 7 to 6 and change: a and b to—\n(a) a structure plan; or\n(b) a local development plan.\nSchedule 1, Table 4—Additional Uses Table\nScheme Text Amendment 3—\nAmending Schedule 1—Table 4—Additional Uses Table by inserting a new entry at A.U.15 to\nread as follows –\nNo. Description\nof Land\nAdditional Use Conditions\nA.U.15 South\nBunbury—\nLot 3 (No. 302)\nBlair Street;\nand\nLot 4 (No. 302)\nBlair Street.\nThe following land\nuse classes use are\nlisted as discretionary\n‘A’ uses—\n• Service\nStation\n• Motor Vehicle\nWash\n1. Dependant on the discretionary approval of\nlocal government the use(s) shall be subject\nto limited times of operation.\n2. Development approval shall be supported\nby a—\n(a) Delivery Management Plan (DMP)\n(b) Landscaping Plan\neach submitted, approved and implemented\nto the specification and satisfaction of the\nCity of Bunbury\n3. The subject land parcels must be\namalgamated/consolidated into the one\ncertificate of title at the full cost of the\nlandowner and to the satisfaction of the\nCity of Bunbury.\nSchedule 2, Table 5—Restricted Uses Table\nScheme Text Amendment 3—\nAmending Schedule 2—Table 5 ‘Restricted Uses Table’ by—\nDelete entries at R.U.1, R.U.3, R.U.9, R.U.13 and R.U.15.\nModify R.U.2—Condition No. 2 to read—\n2. All development (excluding external and alfresco areas) is to be set back a\nminimum distance of 10m from the seawall crest to the building line, to the\nspecifications and satisfaction of the local government.\nModify R.U.4—Condition No. 1 to read—\n1. Where development standards are not prescribed below or in an adopted structure\nplan, the general development standards of the Scheme shall prevail.\nDelete Condition No. 2 and renumber the other conditions.\nModify R.U.6—Condition No. 1 and 2 replace with—\n1. Development shall be consistent with a local development plan (precinct design)\nprepared for the entire site in accordance State Planning Policy 7.2 Precinct Design\nand approved in accordance with Part 6 of the Deemed Provisions.\n2. The local development plan is to specifically incorporate and/or adhere to the\nfollowing requirements of the local government.—\nModify Condition No, 2 (c), (d), (f)—\n(c) A noise mitigation study is to be prepared (by a suitably qualified acoustic\nengineer) in accordance with State Planning Policy 5.4—Road and Rail Noise and\naddress potential noise impacts from the—\n(i) Forrest Highway and Old Coast Road\n(ii) Port Access Road and Rail Corridor; and\n(iii) Proposed Port of Bunbury expansion\nto the satisfaction of the local government, Main Roads Western Australia\nand the Southern Ports Authority. Any mitigation measures as an outcome\nof the Noise Mitigation Study are to be implemented concurrently with any\ndevelopment application.\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1505\n(d) A ‘Bushfire Management Plan’ is to be prepared to the satisfaction of the local\ngovernment and the Department of Fire and Emergency Services of Western\nAustralia. Any mitigating measures deemed necessary as an outcome of the\nassessment are to be implemented concurrently with any development application.\n(f) Areas (and facilities) set aside as communal open space are to be shown on the\nlocal development plan.\nCondition No.3—Local Development Plan should be in lower case.\nAdd a new Condition No. 4 to read—\n4. The local government may choose to waive the requirement for a local development\nplan where it is satisfied that—\n(a) proposed development does not conflict with the principles of orderly and\nproper planning, and\n(b) proposed development would not prejudice the overall development potential\nof the area.\nRenumber all the other conditions.\nCondition No.5(c) and (d)—Local Development Plan should be in lower case.\nModify Condition No. 8 to read—\n8. ‘Shop’ use is restricted to a maximum (in total) of 300m²nla.\nCondition 9 change the Department of Indigenous Affairs to Department of Lands and\nHeritage.\nR.U.8 modify 1.1 to read—\n1.1 Development shall be consistent with a local development plan (precinct design)\nprepared in accordance with State Planning Policy 7.2 Precinct Design and\napproved in accordance with Part 6 of the Deemed Provisions.\nDelete 1.2 to 1.5 and renumber 1.6 to 1.2 to read—\n1.2 The local government may require the preparation and submission of a\nStormwater Management Plan to accompany any local development plan.\nDelete 1.7 and renumber to 1.3 to read—\n1.3 A transport impact assessment may be required to be submitted for consideration\nand approval by the local government prior to the endorsement of any local\ndevelopment plan and/or the granting of development approval.\nRenumber 1.8 to 1.4 and delete the words and the Western Australian Planning\nCommission.\nAdd a new 1.5 to read—\n1.5 The local government may choose to waive the requirement for a local development\nplan where it is satisfied that—\n(a) proposed development does not conflict with the principles of orderly and\nproper planning, and\n(b) proposed development would not prejudice the overall development potential\nof the area.\n2. Land Use Requirements and Unrestricted length of Stay\nDelete 2.1, 2.2, 2.4 and renumber 2.3 to 2.1 and continue renumbering the rest of the\nconditions.\n3. Development Standards\nDelete 3.1, 3.3 and renumber 3.2 to read—\n3.1 Where development standards are not prescribed in an approved local\ndevelopment plan the Scheme provisions shall prevail.\nR.U.10 delete conditions 1 to 6. Renumber 7 to 1 and add The to the being of the sentence\nand change Sum to lower case.\nR.U.14 change the sentence in the restricted area to read—\nThe following land use classes are listed as ‘P’ uses—\nDelete conditions 1 to 14.\nADD Note: Refer ti Schedule 3—Additional Site and Development Conditions\nScheme Text Amendment 4—\nAmending Schedule 3—Table 6—Additional Site and Development Requirements Table\nNo. 3 delete requirements 1 to 3 and 7. Renumber the rest.\nAdd a new requirements number 7 to read—\n7. Subject to zoning and the local government having exercised its discretion by granting\ndevelopment approval, all single houses and grouped dwellings developed in accordance\nwith the R Codes and specific requirements of Building Class 1a, 2 or 3 of the Building\nCode of Australia may be occupied permanently as a dwelling or temporarily for short term\naccommodation purposes.\nNo. 6 delete requirements 1 and 2.\n\n1506 GOVERNMENT GAZETTE, WA 21 June 2024\nRequirements no 3 ( Development Standards) renumber and read as follows—\n1. Development is to be consistent with an adopted—\n(a) Local Development Plan\n(b) Infrastructure Implementation Plan\n(c) Landscaping Plan\n2. Where development standards are not prescribed within the adopted plans the standards\nof the Scheme shall prevail.\nDelete requirements 3.2 to 3.6.\nDelete requirements 4 and 5.\nAdd No 9. As follows –\n9. Bunbury (Marlston North\nPrecinct)—\nLot 505 Jetty Road\n1. Local Development Plan—\n1.1 Development shall be consistent with a local\ndevelopment plan (precinct design) prepared in\naccordance with State Planning Policy 7.2 Precinct\nDesign and approved in accordance with Part 6 of the\nDeemed Provisions.\n1.2 The local development plan is to incorporate sea defence\nmeasures and shall satisfactorily address infrastructure\nrequirements, factoring in the impact of coastal\nprocesses and future sea level rise.\n1.3 The local development plan is to be accompanied by a\nlandscape plan that satisfactorily addresses treatment\nand planting upon the site and within public reserves\nadjacent to the subject land.\n1.4 The local government may choose to waive the\nrequirement for a local development plan where it is\nsatisfied that—\n(a) proposed development does not conflict with the\nprinciples of orderly and proper planning, and\n(b) proposed development would not prejudice the\noverall development potential of the area.\n2. Development Requirements—\n2.1 Serviced apartment uses are to be developed in the form\nof multiple dwellings in accordance with the R-Codes\nand the specific requirements of Building Class 3 of the\nBuilding Codes of Australia and must be able to be\noccupied either permanently as a dwelling or\ntemporarily for short term accommodation purposes,\nexcept for ground floors.\n2.2 Drive through facilities are not permitted.\n2.3 All development is to be set back a minimum distance of\n20m from the south-western property boundary\nadjoining Lot 506 Jetty Road.\n2.4 Buildings are to provide for an activated ground floor\nfrontage to the Koombana Bay foreshore and to Jetty\nRoad.\n2.5 ‘Shop’ use per lot (including a strata or survey strata lot)\nis limited to a maximum floorspace area of 300m² net\nlettable area.\n3. The subdivider shall be responsible for the implementation\nof—\n(a) drainage and stormwater management in accordance\nwith a local water management plan\n(b) public vehicle parking within the road reserve(s)\n(c) pedestrian and bicycle pathways (and public bike racks)\n(d) works to address storm surge and sea level rise\n(e) foreshore improvements\n(f) public open space development\n(g) infrastructure remediation works (roads and pathways)\nwithin the local development plan area\n(h) associated infrastructure connections adjacent to the\nsubject land,\nto the satisfaction of the local government and relevant\nState agencies prior to the creation of titles.\nNote: Lot 505 Jetty Road extends beyond the current Koombana\nBay shoreline and comprises portions of both land and sea.\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1507\nScheme Map Amendment No. 1: Lot 505 Jetty Road, Bunbury (Marlston North Precinct)\nModifying the Scheme Map by removing designations and references to R1.\nScheme Map Amendment No. 2: Lot 366 Marlston Drvie, Bunbury (Lighthouse Beach\nResort)\nModifying the Scheme map by removing designations and references to R3, and by overlaying a\nresidential density code of R100.\nScheme Map Amendment No. 3: Lot 90 (#45) Forrest Avenue, South Bunbury (Bunbury\nApartment Motel)\nModifying the Scheme map by removing designations and references to R9, and by overlaying a\nresidential density code of R40/60.\nScheme Map Amendment No. 4: Lot 20 (#2) Lyons Cove, Bunbury\nModifying the Scheme map by removing designations and references to R13.\nScheme Map Amendment No. 5: Lot 3 and Lot 4 (#302) Blair Street, South Bunbury\nModifying the Scheme map by removing the Restricted Use reference ‘R15’ and replacing this with\nAdditional Use reference ‘A15’ and by replacing the split density code ‘R20/30’ with a density code\nof ‘R40’.\nJ. DE SAN MIGUEL, Mayor.\nA. FERRIS, Chief Executive Officer.\nPREMIER AND CABINET\nPR401\nINTERPRETATION ACT 1984\nMINISTERIAL ACTING ARRANGEMENTS\nIt is hereby notified for public information that the Governor, in accordance with section 12(c) of the\nInterpretation Act 1984, has approved the following temporary appointment.\nHon R. R. Whitby MLA to act temporarily in the office of Minister for Education; Aboriginal Affairs;\nCitizenship and Multicultural Interests in the absence of the Hon Dr A. D. Buti MLA for the period\n23 July to 2 August 2024 (both dates inclusive).\nThis notice supersedes acting arrangements relating to the above office that were published in\nGovernment Gazette No. 38 of 12 April 2024.\nE. ROPER, Director General, Department of the Premier and Cabinet.\nWORKCOVER\nWC401\nWORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023\nWORKERS COMPENSATION LEGAL PROFESSION AND AUTHORISED AGENTS COSTS\nDETERMINATION 2024\nMade by the WorkCover WA Costs Committee under section 405 of the\nWorkers Compensation and\nInjury Management Act 2023.\n1 Citation\n(1) This determination may be cited as the\nWorkers Compensation Legal Profession and Authorised\nAgents Costs Determination 2024 (“Costs Determination”).\n2 Commencement\n(1) This Costs Determination comes into operation on 1 July 2024.\n3 Application\n(1) This Costs Determination applies to the remuneration of legal practitioners and authorised agents\nin respect of work carried out for the purposes of proceedings before a WorkCover WA dispute\nresolution authority.\n(2) This Costs Determination does not apply to the remuneration of legal practitioners or authorised\nagents in respect of business carried out before the commencement of this Costs Determination.\n(3) This Costs Determination is to be read and applied in its entirety. The scale of costs applicable\nunder this Costs Determination is to be interpreted in accordance with the notes set out in this\nSchedule.\n\n1508 GOVERNMENT GAZETTE, WA 21 June 2024\n4 Review\n(1) This costs scale enables the hourly rates used to calculate costs to be adjusted consequent to any\nchanges in the hourly rates available under the Magistrates’ Court costs scale, based on a legal\ncosts determination established under the\nLegal Profession Uniform Law Application Act 2022\nsection 133.\n(2) The Costs Committee may amend or revoke this Costs Determination by a subsequently approved\ncosts determination, pursuant to section 407(5) of the Act.\n5 Terms used\n(1) Unless otherwise stated, all terms used in this Costs Determination have the same meaning given\nin the—\n(a)\nWorkers Compensation and Injury Management Act 2023;\n(b)\nWorkers Compensation and Injury Management Regulations 2024;\n(c)\nWorkers Compensation and Injury Management Conciliation Rules 2024 (Conciliation Rules);\nand\n(d)\nWorkers Compensation and Injury Management Arbitration Rules 2024 (Arbitration Rules).\n(2) For ease of reference, the terms are reproduced hereunder. In this Costs Determination—\n“\nagent service” has the same meaning as is defined in section 303 of the Act\n“\napplication” means an application for a decision of a dispute resolution authority.\n“\napproved form” means a form approved under the Conciliation Rules or a form approved under\nthe Arbitration Rules.\n“\nArbitration Service” means the Workers Compensation Arbitration Service established under\nsection 307 of the Act.\n“\nArbitration Rules” means the rules made under section 382 of the Act.\n“\narbitrator” means an officer of WorkCover WA approved under section 309 of the Act as an\narbitrator.\n“\nassessing officer” means the Director, a conciliator, the Registrar, or an arbitrator.\n“\nassessment of costs” means an application for assessment of costs under the Conciliation Rules\nor under the Arbitration Rules.\n“\nauthorised agent” means a person defined under section 303 of the Act as authorised to provide\nagent services.\n“\nconciliator” means an officer of WorkCover WA designated under section 309 of the Act as a\nconciliator.\n“\nConciliation Service” means the Workers’ Compensation Conciliation Service established under\nsection 307 of the Act.\n“\nConciliation Rules” means the rules made under section 381 of the Act.\n“\ncosts” means—\n(a) costs of a party (including fees, charges and disbursements);\n(b) costs of a proceeding; and\n(c) other costs, if any, prescribed by the regulations\n“\ncosts determination” means a determination approved and published under section 407 of the\nAct.\n“\nDirector” means the officer of WorkCover WA designated under section 308 of the Act as the\nDirector, Conciliation.\n“\ndispute resolution authority” means the Director, the Registrar, a conciliator, or an arbitrator.\n“\ngive” has the same meaning as is defined in section 497(1) of the Act.\n“\nlegal practitioner” means an Australian legal practitioner within the meaning of that term as\ndefined in the\nLegal Profession Uniform Law Application Act 2022.\n“\nlegal service” means any service performed by a person—\n(a) in the person’s capacity as a legal practitioner; and\n(b) in or for the purposes of a proceeding before a dispute resolution authority.\n“\nMagistrates Court costs scale” means the\nLegal Profession (Magistrates Court) (Civil)\nDetermination 2024 made by the Legal Costs Committee under Division 1 of Part 6 of the\nLegal\nProfession Uniform Law Application Act 2022, or any subsequent determination made in\nsubstitution for that determination.\n“\nproceeding” means a proceeding before a dispute resolution authority.\n“\nRegistrar” means the officer of WorkCover WA designated under section 308 of the Act as the\nRegistrar, Arbitration.\n6 No minimum charge\n(1) In no respect is this Costs Determination to be seen as providing a minimum number of hours for\nany work done. For example, item 2 provides for up to 3 hours for the work involved. The number\nof 3 hours is a maximum, but actual hours may need to be substantiated.\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1509\n7 Maximum costs\n(1) In accordance with section 408 of the Act, legal practitioners and authorised agents are not entitled\nto be paid or recover an amount that exceeds the maximum costs for the service by this Costs\nDetermination.\n(2) The costs payable to a legal practitioner or authorised agent at each milestone described in the\nTable to clause 9 must not exceed the maximum amount corresponding to that event.\n(3) Further to this, in accordance with section 409 of the Act, an agreement is not to be made for a legal\npractitioner or registered agent to receive any greater reward than is provided for in this Costs\nDetermination. Any agreement made contrary to section 409 of the Act is void.\n(4) Subject to clause 8, authorised agents are entitled to be paid or recover 50 per cent of the amount\nprovided for Senior Practitioners in the Table to clause 8.\n(5) Authorised agents are entitled to recover 100 per cent of disbursements, in accordance with item\n10 under “Stand Alone Items” of the Table to clause 9.\n8 Hourly rates\n(1) This clause is to be read in conjunction with clauses 4(1) and 5(2).\n(2) The hourly rates set out in the Table to this clause are the maximum hourly rates, inclusive of GST,\nthat shall be used to calculate the fixed amounts for each corresponding item in the costs scale set\nout in the Table to clause 9.\n(3) The maximum hourly rates which a legal practitioner or authorised agents may charge are not to\nexceed the amounts set out in the Table to Clause 8.\nTable to clause 8\nFee Earner Maximum Allowable Hourly Rate\nSenior Practitioner\n(permitted to practise on his or her own\naccount for 5 years or more)*\nThe hourly rate applicable to Senior Practitioners\nunder the Magistrates Court costs scale\nJunior Practitioner\n(permitted to practise on his or her own\naccount for less than 5 years)*\nThe hourly rate applicable to Junior Practitioners\nunder the Magistrates Court costs scale\nRestricted Practitioner* The hourly rate applicable to Restricted Practitioners\nunder the Magistrates Court costs scale\nAuthorised Agent 50 per cent of the hourly rate applicable to Senior\nPractitioners under the Magistrates Court costs scale\n*Where a local legal practitioner has held an interstate practice certificate, the length of admission in\nthat other jurisdiction is to be counted in assessing that practitioner’s years of admission for the\npurposes of this Costs Determination.\n9 Scale of costs\n(2) The maximum hours for which a legal practitioner or authorised agent may charge a client in\nrelation to a Conciliation Service, an Arbitration Service and Stand-Alone Items are not to exceed\nthe amounts set out in the Table to this clause.\nTable to clause 9\nWORKERS COMPENSATION SCALE OF COSTS 2024\nItem Description Maximum\nAllowable\nHours\n1 Obtaining instructions from client and attempts to resolve the\nsubstantive issues in dispute prior to involvement in a proceeding—\nmay be claimed once only regardless of the point at which the\npractitioner or agent becomes involved\n4\nConciliation Service\n2 Preparation of and lodging an application to the Conciliation Service,\nor preparation of and lodging a reply to an application to the\nConciliation Service, including relevant supporting documentation in\naccordance with the Conciliation Rules\n+3\n3 Where the dispute is resolved after the lodging of an application and\nprior to a conciliation conference, including all necessary preparation\nand documentation in approved form in accordance with the\nConciliation Rules\n+3\n4 Where the dispute is resolved at or after a conciliation conference,\nincluding all necessary preparation and documentation in approved\nform in accordance with the Conciliation Rules\nAdd for each additional conference\n+5\n+3\n\n1510 GOVERNMENT GAZETTE, WA 21 June 2024\nItem Description Maximum\nAllowable\nHours\nArbitration Service\n5 Preparation of and lodging an application or reply to the Arbitration\nService including all necessary documentation in approved form in\naccordance with the Arbitration Rules\nAdd for each application to extend time to lodge an application for\nArbitration\n8\n+1\n6 Where the dispute is resolved after the lodging of an application to the\nArbitration Service and prior to the arbitration hearing, including all\nnecessary preparation and documentation in the approved form and\nattendance at a directions hearing in accordance with the Arbitration\nRules\nAdd for each additional directions hearing\nAdd for each interlocutory application\nAdd for the first pre-arbitration conference\nAdd for each subsequent pre-arbitration conference\n+30\n+1\n+3\n+4\n+2\n7 Attendance at an arbitration hearing, including any incidental\npreparation on the day of the hearing in accordance with the\nArbitration Rules\nAdd for each additional hearing day\n+10\n+7\nStand Alone Items—Applicable to conciliation or arbitration service as appropriate\n8 Settlement of the claim by agreement under Part 12 Division 12 and\napplying for registration of a settlement agreement under section 152\n(excluding disbursements which are to be paid in accordance with\nitem 10)\nExcludes agreements made for settlement of common law damages#\n10\n9 Allowances for witnesses. The amount of any costs to be paid in respect\nof work done by a practitioner in conducting any proceedings in a\ndispute may include a reasonable allowance for—\n(a) witnesses called because of their professional, scientific or\nother special skill or knowledge; and\n(b) witnesses called other than those covered in paragraph (a)\nIn fixing an allowance for witnesses under paragraph (b) the assessing\nofficer may have regard to the amount of salary, wages or income (if\nany) actually lost by the witness, and any expenses in respect of meals,\nlodging and travel reasonably and necessarily incurred by the witness\nin attending the proceedings and justify by voucher\n10 Disbursements (not to include counsel fee and must be justified by\nvoucher)\nSuch amount that is necessarily and reasonably incurred under the\ncircumstances\n# the Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2022 item\n39 provides for work performed in relation to lodgement of a common law deed under s.433(3).\n10 Methodology—Conciliation Service and Arbitration Service\n(1) References to “items” under this clause are in reference to those items under “Conciliation Service”\nand “Arbitration Service” of the scale of costs.\n(2) Items 1 and 2 of the scale are consecutive, cumulative milestones, subject to clause 10(3) and 10(4).\nFor example, to seek payment or to recover for legal services or agent services provided under item\n4, the legal practitioner or authorised agent must first conclude the milestones, and thereby provide\nthe legal services or agent services, described in items 1 and 2 inclusive of the scale. Items 3 and 4\nare not claimable cumulatively and a claim under only one item or the other may be made.\n(3) Where the legal practitioner or authorised agent did not provide services during the Conciliation\nService stage of the process, the legal practitioner or authorised agent cannot claim under items 2\nto 4.\n(4) Where a legal practitioner or authorised agent provides services in relation to Part 2 Division 10 of\nthe Act, the legal practitioner or authorised agent cannot claim under items 2 to 4.\n(5) Where a dispute is not resolved in the Conciliation Service and an application is made to the\nArbitration Service, and the legal practitioner or authorised agent provided services during the\nConciliation Service proceedings, the items 4 to 7 of the scale are consecutive, cumulative\nmilestones to items 1 and 2. For example where legal or agent services were provided through the\nConciliation Service and into the Arbitration Service, to seek payment or to recover for legal or\nagent services provided under item 7, the legal practitioner or authorised agent must first conclude\nthe milestones, and have provided the services described in items 1, 2, 4 and 5 to 7.\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1511\n(6) This Determination applies to milestones attained and completed in the Conciliation Service and\nArbitration Service. The Costs Determination in force at the time the relevant services were\nrendered will apply to transitional matters and milestones attained and completed when this Costs\nDetermination comes into operation.\n(7) This clause should be read in conjunction with clause 11.\n11 Stand-Alone items\n(1) References to “items” under this clause are in reference to those items under “Stand Alone Items”\nof the costs scale.\n(2) The legal services described in items 8 to 10 may occur at any stage in the process and are additional\nto the milestone events (regardless of which event or events have been achieved) and are to be read\nas being in addition to the overall total remuneration.\n(3) Item 9—Allowances for witnesses—\n(a) Where a witness is summonsed under section 343 of the Act, in accordance with the Arbitration\nRules, the summons must be given to the person whose attendance is required 7 days before\nthe day on which the person is required to attend before an arbitrator.\n(b) If the summons is not given to the person in accordance with the Arbitration Rules and any\nwitness allowance for the expenses of attendance is not paid or tendered to the person at the\ntime of giving the summons, or not later than a reasonable time before the time at which the\nperson is required to attend, then the person to whom the summons is directed is not required\nto comply with the summons.\n(c) In accordance with the Arbitration Rules, except with the leave of the arbitrator, medical\nevidence must be given in writing and a medical practitioner may not be called to give oral\nevidence.\n(4) Item 10—Disbursements—\n(a) Reference to voucher in item 10 refers to copies of any vouchers, accounts and receipts relevant\nto the disbursements claimed.\n(b) Disbursements must be necessarily and reasonably incurred under the circumstances.\n(c) Medical reports—except with the leave of an arbitrator, parties may only use as evidence the\nmedical reports of one doctor in each medical speciality, with a limitation of three areas of\nmedical speciality overall. A report that contains observations from more than one area of\nmedical speciality is to be taken to be one report from each of the specialities utilised within\nthe report. Refer to the Arbitration Rules for more information.\n12 Allowance for non-attendance\n(1) An allowance can be made for attendance by a legal practitioner or authorised agent in\ncircumstances where, through no fault of the legal practitioner or authorised agent, their client\nfailed to attend a conciliation conference, arbitration hearing or other proceeding before a dispute\nresolution authority.\n13 Limitations with regard to exceeding the scale of costs\n(1) The limitation in the Act with regard to legal practitioners and authorised agents not exceeding\nthe scale is only intended to apply to work done within this jurisdiction.\n(2) This costs scale does not apply to proceedings before the District Court or Supreme Court. Legal\npractitioners are entitled to recover an amount determined in accordance with the scale of costs\napplicable to those courts.\n(3) Advice and services provided by a legal practitioner in relation to Part 7, common law proceedings\nin addition to or independent of this Act are not covered by this Costs Determination (see\nsection 408 of the Act).\n(4) Regard should be had to section 428 of the Act when providing advice or representation to a client\nin relation to an action for damages independent of this Act.\n(5) A legal practitioner cannot make any agreement, for appearing or acting on behalf of a person,\nwhere they will receive greater reward than is provided for by any legal costs determination (as\ndefined in the\nLegal Profession Uniform Law Application Act 2022). In any case, agreements made\ncontrary to section 428 of the Act are void.\n13 Interpretation of item descriptions\n(1) In interpreting item descriptors as set out in the Table to clause 8, regard should be had for the\nprocedural requirements set out in the—\n(a)\nWorkers Compensation and Injury Management Act 2023;\n(b)\nWorkers Compensation and Injury Management Regulations 2024;\n(c)\nWorkers Compensation and Injury Management Conciliation Rules 2024; and\n(d)\nWorkers Compensation and Injury Management Arbitration Rules 2024.\nMade by the WorkCover WA Costs Committee on 10 June 2024.\n\n1512 GOVERNMENT GAZETTE, WA 21 June 2024\nPUBLIC NOTICES\nZZ401\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nCarolyn Patricia Ahearn, late of 16 Prescott Drive, Murdoch, Western Australia, deceased.\nCreditors and other persons having claims to which Section 63 of the\nTrustees Act 1962 relates in\nrespect of the deceased who died on 9 February 2024 are required by the Administrators, Susan Gail\nAhearn and Steven James Ahearn c/- Sunstone Legal, PO Box 1157, Bibra Lake DC WA 6965, within\none (1) month of the date of publication hereof after which date the Administrators may convey or\ndistribute the assets having regard to the claims of which they then have notice.\nSUNSTONE LEGAL, Solicitors for the Administrators.\n———————————\nZZ402\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nSurekha Ghosh, late of 57 Loftus Street, Nedlands, Western Australia, deceased.\nCreditors and other persons having claims to which Section 63 of the\nTrustees Act 1962 relates in\nrespect of the deceased who died on 25 January 2024 are required by the Executor, Jaya Chowdhury\nc/- Sunstone Legal, PO Box 1157, Bibra Lake DC WA 6965, within one (1) month of the date of\npublication hereof after which date the Executor may convey or distribute the assets having regard to\nthe claims of which they then have notice.\nSUNSTONE LEGAL, Solicitors for the Executor.\n———————————\nZZ403\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the estate of Barbara Lillian Bolton formerly of 89 Clifton Street, Kelmscott, in the State of Western\nAustralia, Widowed, 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 3 April 2024, are required by the executors, Dianne\nEliza McNally and Peter McNally, c/- HFM Legal Pty Ltd, to send particulars of their claims to HFM\nLegal of PO Box 1, Maddington, WA 6989, by the date being one month following the publication of this\nnotice, after which date the Executors may convey or distribute the assets, having regard only to claims\nof which they then have notice.\n———————————\nZZ404\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nGregory Paul Davis, late of 4 Dirphia Place, High Wycombe, 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 above-named deceased, who died on the 23 January 2024, are required by\nthe Administrators Keith Joseph Davis, Julie Amanda Mok and Marie Lesley Nielsen to send the\nparticulars of their claims to Julie Mok of 2 Augustus Drive, Jane Brook Western Australia 6056 within\none (1) month of the date of publication of this notice after which date the Administrators may convey\nor distribute the assets, having regard only to the claims of which they then has notice.\n———————————\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1513\nZZ405\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nEstate of the late Susan Henry, late of 23 Thornbill Loop, Beeliar, in the State of Western Australia,\ndeceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on 12 August 2022, are required to send particulars of\ntheir claims to the Executor (contact details below) within one (1) month of the date of publication of\nthis notice after which date the Executor may convey or distribute the assets, having regard only to the\nclaims of which he then has notice.\nc/- MARK LINDSAY, PO Box z5429, Perth WA 6831.\n———————————\nZZ406\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nNotice to creditors and claimants of Todd Ernest Hannaford late of 18 Cutter Crescent, Beldon, Western\nAustralia, Civil Servant, 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 who died on 7 March 2024 are required by the Trustee Australian\nExecutor Trustees Limited ACN 007 869 794 of Level 1, 575 Bourke Street Melbourne VIC 3000 to send\nparticulars of their claim to them by 2 August 2024 after which date the Trustee may convey or\ndistribute the assets having regard only to the claims of which it then has notice.\n———————————\nZZ407\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the matter of the Estate of Ena Willemsen, late of 8 Sartorial Place, Greenfields, Western Australia,\ndeceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the estate of the above-named deceased, who died on 27 December 2023, are required by the\nExecutor, James Illich, to send the particulars of their claims to PO Box 260, Claremont, WA 6910\nwithin one month of the date of publication of this notice, after which date the Executor may convey or\ndistribute the assets having regard only to the claims of which they then have notice.\n———————————\nZZ408\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the estate of Ernest James Playle late of 9/19 Swallowtail Parade, Warnbro in the State of Western\nAustralia, Plant Operator, deceased.\nStevan Allan Playle and every person claiming through Stevan Allan Playle (to which section 66 of the\nTrustees Act 1962 (WA) relates) in respect of the estate of the Deceased, who died on 5 September 2021,\nis required by the executrix, Beverley Joy Jones, c/- HFM Legal, PO Box 1, Maddington WA 6989, to\nsend particulars of their claim to her at HFM Legal of PO Box 1, Maddington WA 6989 by the date\nbeing two months following the publication of this notice, after which date the Executrix intends to\napply to the Supreme Court of Western Australia seeking orders that she be at liberty to distribute the\nproperty or part thereof of the estate, having regard only to the beneficiaries of which she is then aware.\n———————————\n\n1514 GOVERNMENT GAZETTE, WA 21 June 2024\nZZ409\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 22 July 2024 after which date I may convey or distribute the assets, having\nregard only to the claims of which I then have notice.\nBeilken, Mervyn Leonard, late of 5 Narooma Close, Waikiki, who died on 3 December 2023\n(DE19915465 EM32).\nBerwick, Ian Stephen, late of 15 Cornish Crescent, Manning, who died on 9 January 2024\n(PM33130552 EM214).\nBond, Albert Maurice, late of Brightwater Inglewood Aged Care, 2A Walter Road, Inglewood, who died\non 21 May 2024 (DE19880032 EM37).\nBorges, Joseph (also known as Joseph Calistus Borges), late of 78 Kimberley Street, West Leederville,\nwho died on 8 May 2024 (PM33027058 EM214).\nBorkowski, Andre Jean-Marie (also known as Andrew Borkowski), late of Unit 3, 7-11 George Street,\nBrockman, who died on 25 April 2024 (DE33102907 EM14).\nBuckenara, Edward Brian, late of Tanby Hall Aged Care, 1-9 Tanby Place, Cooloongup, who died on\n30 May 2023 (PM33178006 EM214).\nCakan, Azize, late of 20 Leach Highway, Wilson, who died on 8 December 2022 (DE33206437 EM35).\nFasolo, Francesca, late of 2 Brixton Road, Bentley, who died on 12 May 2024 (DE33172371 EM13).\nKing, Barbara Jessie, formerly of 65 Archidamus Road, Coolbellup, late of Treeby Parklands Care\nCommunity, 5 Abelia Road, Treeby, who died on 5 March 2024 (DE19601115 EM17).\nMihai, Costache (also known as Costa Mihai), late of Bethanie Waters Retirement Village, 18 Olivenza\nCrescent, Port Kennedy, who died on 10 January 2024 (PM33185652 EM214).\nRendulic, Dragica, late of Aegis Hermitage, 5 Cottage Close, Ellenbrook, who died on 23 May 2024\n(DE33075907 EM26).\nRose, Kaye, late of 146 Minsterly Road, Ocean Beach, who died on 14 February 2024\n(DE19652235 EM15).\nSharpe, Peter Malcolm, late of 3 Nova Court, Cooloongup, who died on 29 August 2023\n(DE19914388 EM14).\nSwannick, George Henry, late of Midland Convalescent Hospital, 44 John Street, Midland, who died on\n11 May 2024 (PM19992543 EM214).\nTooke, Bernard Thomas Stanley, late of Marist Lodge Nursing Home, 12 Lapage Street, Belmont, who\ndied on 3 September 2020 (PM33167256 EM214).\nToomey, Janet Catherine (also known as Janet Catherine Greedy), formerly of 95 Marine Terrace,\nSorrento, late of 59B Trappers Drive, Woodvale, who died on 23 February 2024\n(DE20011540 EM110).\nBRIAN ROCHE, Public Trustee,\n553 Hay Street, Perth WA 6000.\nTelephone: 1300 746 212.\n———————————\nZZ410\nPUBLIC TRUSTEE ACT 1941\nNotice is hereby given that pursuant to Section 14 of the\nPublic Trustee Act 1941 and amendments the\nPublic Trustee has elected to administer the estates of the undermentioned deceased persons.\nDated at Perth on this 19th day of June 2024.\nBRIAN ROCHE, Public Trustee,\n553 Hay Street, Perth WA 6000.\nTelephone: 1300 746 212.\n————\nName of Deceased Address Date of Death Date Election Filed\nWhittick, Jessie\nDorreen\n(DE19820139 EM23)\nFormerly of 37 Armstrong\nRoad, Hope Valley, late of\nGracehaven BaptistCare,\n2 Westralia Gardens,\nRockingham.\n13 February 2024 14 June 2024\n\n21 June 2024 GOVERNMENT GAZETTE, WA 1515\nZZ501\nDISPOSAL OF UNCOLLECTED GOODS ACT 1970\nS. 12(1)(b) and (c) and 26(1)(b), (2) and (4)\nNOTICE UNDER PART III OF INTENTION TO SELL OR OTHERWISE DISPOSE OF GOODS\nTo Johanson Amro, 0414 952 343, Bailor\n1. You were given notice on 25th July, 2022\nthat the following vehicle situated at 7 Cobalt Way, Maddington, WA, 6109 was ready for collection.\nREF: TRUCK\nMAKE: HINO TRUCK, REG. 1 CXS001\nVIN: JHDFM8JRKXXX10111\n2. The vehicle constitutes goods to the value of approx. $3,000.00\n3. It is intended to sell or dispose of the vehicle in accordance with the Act unless not more than 1\nmonth from the date of giving of this notice you either—\n(a) take redelivery of the truck or give directions for the redelivery (at your expense) and pay\nmonies owed, or\n(b) give notice in writing to Valblast Pty Ltd, 7 Cobalt Way, Maddington, WA 6109 (Bailee) that\nyou claim the goods exceed $3,500 in value.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard local government waste management law that aligns with its original purpose under the Waste Avoidance and Resource Recovery Act 2007 and Local Government Act 1995. It replaces a 2022 version with substantially similar provisions, indicating stable scope focused on residential waste collection services, bin management, and enforcement. No significant scope creep is evident."},"complexity_factors":["Moderate length (approximately 8 pages of substantive content)","22 defined terms in clause 1.5, including cross-references to the Local Government Act 1995 and Waste Avoidance and Resource Recovery Act 2007","Multiple conditional provisions (e.g., 'where the local government supplies recycling waste receptacles' in clauses 2.3(2) and 2.3(3))","Joint and several liability imposed on owners and occupiers (clause 1.5(2))","Annual notification requirements for council determinations (clause 1.6)","Structured penalty framework with distinction between general penalties (clause 4.2) and modified penalties for prescribed offences (Schedule 2 with 27 specific offences)","Exemption process with conditions and revocation triggers (clause 2.8)","Extensive list of non-collectable waste categories in Schedule 1 (12 categories including hazardous waste, e-waste, and controlled waste)"],"plain_english_summary":"City of Subiaco local law (replacing the 2022 version) that governs household and verge waste: the council supplies general, recycling and organic bins and requires correct separation, placement, weight limits and maintenance; hazardous and non-collectable items are banned from household bins and verge collections are time-limited.\n\nIt affects residents, property owners and businesses using council services and matters because it protects workers and public health, promotes recycling/composting, keeps streets clear, and enables fines and cost recovery for breaches."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument expressly repeals the 2022 local law (clause 1.4) but, on its face, maintains the same district‑wide regulatory scope: supplying and regulating receptacles for residential premises, defining prohibited/controlled wastes, empowering authorised officers to direct placement or removal and to grant exemptions, and setting enforcement and cost recovery mechanisms (clauses 1.3, 2.1–2.10, 4.2–4.3). No clear expansion of jurisdiction beyond the district or fundamentally new regulatory modalities appears in the text."},"complexity_factors":["Cross‑references to State legislation and powers: Waste Avoidance and Resource Recovery Act 2007 and Local Government Act 1995 (clauses 1.7–1.8)","Dense definitions that determine coverage and duties (clause 1.5 and Schedule 1)","Operational detail on provision, use, placement and limits for multiple receptacle types (Part 2: clauses 2.1–2.10)","Delegated discretion and administrative processes for determinations, exemptions and directions (clauses 1.6, 2.6, 2.8)","Enforcement structure combining criminal penalties and recoverable civil costs, plus a schedule of modified penalties (Part 4: clauses 4.1–4.5; Schedule 2)","Appeal pathway tied into Division 1 of Part 9 of the LG Act for certain decisions (clause 4.1)","Operational interactions with other regulatory regimes for hazardous/controlled waste (Schedule 1(e),(i))","Administrative compliance burden: mandatory public notice and register requirements for local determinations (clause 1.6)"],"plain_english_summary":"This local law repeals the City of Subiaco’s 2022 waste law and sets the operational rules for household waste collection across the City. It requires the council to supply approved bins for residential premises, defines what is collectable or non‑collectable, prescribes placement, storage and weight limits, allows council officers to give directions or grant exemptions, and creates offence and penalty rules (including infringement amounts) for non‑compliance. Owners/occupiers pay any fees and may be liable for remedial costs (see clauses 1.4, 2.1, 2.7, 2.8, 4.2–4.3)."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-subiaco-waste-local-law-2023","history":"/api/acts/city-of-subiaco-waste-local-law-2023/history","analysis":"/api/acts/city-of-subiaco-waste-local-law-2023/analysis","conflicts":"/api/acts/city-of-subiaco-waste-local-law-2023/conflicts","importantCases":"/api/acts/city-of-subiaco-waste-local-law-2023/important-cases","documents":"/api/acts/city-of-subiaco-waste-local-law-2023/documents"}}