{"id":"wa-local:wanneroo-city-of-city-of-wanneroo-fencing-local-law-2022","name":"City of Wanneroo Fencing Local Law 2022","slug":"city-of-wanneroo-fencing-local-law-2022","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439039,"registerId":"wa-local:wanneroo-city-of-city-of-wanneroo-fencing-local-law-2022-pdf-1775955207997","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Wanneroo Fencing Local Law 2022","content":"459\nISSN 2204-4264 (online)\nPERTH, FRIDAY, 4 MARCH 2022 No. 26\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nCONTENTS\nPART 1\nNil\n———\nPART 2\nPage\nConsumer Protection ......................................................................................................................... 461\nEnvironment ...................................................................................................................................... 462\nFire and Emergency Services ............................................................................................................ 463\nFisheries ............................................................................................................................................. 464\nJustice ................................................................................................................................................ 468\nLocal Government .............................................................................................................................. 469\nMinerals and Petroleum .................................................................................................................... 476\nPlanning ............................................................................................................................................. 479\nPremier and Cabinet ......................................................................................................................... 486\nPublic Notices..................................................................................................................................... 487\nTransport............................................................................................................................................ 486\n\nIMPORTANT COPYRIGHT NOTICE\n© State of Western Australia\nThis work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part\nmay be reproduced by any process without written permission from the Attorney General for\nWestern Australia. Inquiries in the first instance should be directed to the Government Printer,\nParliamentary Counsel’s Office, publications@pco.wa.gov.au.\nNote: A Creative Commons Attribution 4.0 International Licence (CC BY 4.0) applies with\nrespect to material on the WA Legislation Website (with certain exceptions), and to copies of Acts,\nand reprints of Acts and subsidiary legislation, printed by the Government Printer. To view\nrelevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\nPUBLISHING DETAILS\nThe Western Australian Government Gazette is published by the Government Printer for the State of\nWestern Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or\nunforeseen circumstances.\nSpecial Government Gazettes containing notices of an urgent or particular nature are published\nperiodically.\nThe following guidelines should be followed to ensure publication in the Government Gazette—\n• Material submitted to the Executive Council prior to gazettal will require a copy of the signed\nExecutive Council Minute Paper.\n• Copy must be lodged with the Publications Officer, Department of the Premier and Cabinet no\nlater than 12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)—\nEmail address:\ngazette@dpc.wa.gov.au\n• Inquiries regarding publication of notices can be directed to the Publications Officer on\n(08) 6552 6012.\n• Lengthy or complicated notices should be forwarded early to allow for preparation.\nFailure to observe this request could result in the notice being held over.\nAfter lodging any notices, confirmation is not required by post. If original copy is forwarded later and\npublished, the cost will be borne by the advertiser.\nADVERTISING RATES AND PAYMENTS\nEFFECTIVE FROM 1 JULY 2021 (Prices include GST)\nPublic Notices Section—$78.20 minimum charge (except items of an exceptionally large nature. In these\ninstances arrangements will be made for pricing the notice at time of lodging).\nAll other Notices—\nPer Column Centimetre—$15.60\nBulk Notices—$285.60 per page\nClients who have an account will only be invoiced for charges over $100.\nFor charges under $100, clients will need to supply credit card details at time of lodging notice\n(i.e. a notice under 7cm would not be invoiced).\nClients without an account will need to supply credit card details at the time of lodging the notice.\n\n4 March 2022 GOVERNMENT GAZETTE, WA 461\n— PART 2 —\nCONSUMER PROTECTION\nCP401\nRETAIL TRADING HOURS ACT 1987\nRETAIL TRADING HOURS (PERTH METROPOLITAN AREA)\nPublic Holiday Variation Order 2022\nMade by the Minister for Commerce under section 12E of the Act.\n1. Citation\nThis order is the Retail Trading Hours (Perth Metropolitan Area) Public Holiday Variation Order 2022.\n2. Commencement\nThis order comes into operation as follows—\n(a) clauses 1 and 2—on the day on which this order is published in the Gazette;\n(b) the rest of the order—on the day after that day.\n3. Variation of retail trading hours\nGeneral retail shops, other than motor vehicle shops, in the Perth metropolitan area, are authorised to\nbe open at times when those shops would otherwise be required to be closed—\n(a) on each day specified in the Table; and\n(b) during the hours specified for that day in the Table.\nTable\nDay Hours\nMonday 7 March 2022 from 8:00am until 6:00pm\nMonday 18 April 2022 from 8:00am until 6:00pm\n4. Relationship to Retail Trading Hours (Public Holidays) Order 2012.\nThis order has effect despite the Retail Trading Hours (Public Holidays) Order 2012.\nHon. ROGER COOK, MLA, Minister for Commerce.\n———————————\nCP402\nRETAIL TRADING HOURS ACT 1987\nRETAIL TRADING HOURS (SHIRE OF COLLIE)\nPublic Holiday Variation Order 2022\nMade by the Minister for Commerce under section 12E of the Act.\n1. Citation\nThis order is the Retail Trading Hours (Shire of Collie) Public Holiday Variation Order 2022.\n2. Commencement\nThis order comes into operation as follows—\n(a) clauses 1 and 2—on the day on which this order is published in the Gazette;\n(b) the rest of the order—on the day after that day.\n3. Variation of retail trading hours\nGeneral retail shops, other than motor vehicle shops, in the Collie local government district are\nauthorised to be open at times when those shops would otherwise be required to be closed—\n(a) on each day specified in the Table; and\n(b) during the hours specified for that day in the Table.\n\n462 GOVERNMENT GAZETTE, WA 4 March 2022\nTable\nDay Hours\nMonday 7 March 2022 from 8.00am until 5.00pm\nMonday 18 April 2022 from 8.00am until 5.00pm\nMonday 6 June 2022 from 8.00am until 5.00pm\nMonday 26 September 2022 from 8.00am until 5.00pm\n4. Relationship to standing order\nThis order has effect despite the Retail Trading Hours (Shire of Collie) Variation Order 2016.\nHon. ROGER COOK, MLA, Minister for Commerce.\n———————————\nCP403\nRETAIL TRADING HOURS ACT 1987\nRETAIL TRADING HOURS (CITY OF ALBANY) VARIATION ORDER 2022\nMade by the Minister for Commerce under section 12E of the Act.\n1. Citation\nThis order is the Retail Trading Hours (City of Albany) Variation Order 2022.\n2. Commencement\nThis order comes into operation as follows—\n(a) clauses 1 and 2—on the day on which this order is published in the Gazette;\n(b) the rest of the order—on the day after that day.\n3. Variation of retail trading hours\nGeneral retail shops, other than motor vehicle shops, in the Albany local government district are\nauthorised to be open at times when those shops would otherwise be required to be closed-\n(a) on each day specified in the Table; and\n(b) during the hours specified for that day in the Table.\nTable\nDay Hours\nSunday 24 April 2022 From 10.00am to 5.00pm\nHon. ROGER COOK, MLA, Minister for Commerce.\nENVIRONMENT\nEV401\nENVIRONMENTAL PROTECTION ACT 1986\nSection 20\nDELEGATION NO. 56\nI, Michelle Andrews, Chief Executive Officer of the Department responsible for the administration of\nthe Environmental Protection Act 1986 (“the Act”), acting pursuant to section 20 of the Act, hereby\ndelegate all my powers and duties conferred or imposed by—\na. Regulations 4, 5(1), 8, 9, 10, 14 and 19 of the Environmental Protection (Cost Recovery)\nRegulations 2021 to the holders for the time being of the office of the Executive Director,\nEnvironmental Protection Authority Services and Director, Environmental Protection\nAuthority Services, both of the Department of Water and Environmental Regulation; and\nb. Regulations 11 and 12 of the Environmental Protection (Cost Recovery) Regulations 2021 to the\nholder for the time being of the office of the Executive Director, Compliance and Enforcement\nof the Department of Water and Environmental Regulation.\nDated the 16th day of February 2022.\nMICHELLE ANDREWS, Chief Executive Officer,\nDepartment of Water and Environmental Regulation.\nApproved by—\nHon. REECE WHITBY, MLA, Minister for Environment.\n\n4 March 2022 GOVERNMENT GAZETTE, WA 463\nFIRE AND EMERGENCY SERVICES\nFE401\nEMERGENCY MANAGEMENT ACT 2005\nEXTENSION OF STATE OF EMERGENCY DECLARATION\nI, Stephen Noel Dawson, the Minister for Emergency Services, hereby extend the state of emergency\ndeclaration made on 15 March 2020 at 12:45 pm.\nThe state of emergency declaration is extended for a period of fourteen (14) days.\nThe powers that may be exercised during the period by which the state of emergency declaration is\nextended are limited as follows: Nil limitations.\nTime when declaration made: 4:44 pm.\nDate on which declaration made: 23 February 2022.\nThis declaration has effect from 12 am on 25 February 2022 and remains in force until—\n(a) 12 am on 11 March 2022; or\n(b) It is revoked under section 59 of the Emergency Management Act 2005.\nThis declaration of an extension of a state of emergency declaration is made under section 58 of the\nEmergency Management Act 2005.\nSTEPHEN NOEL DAWSON, Minister for Emergency Services.\n———————————\nFE402\nBUSH FIRES ACT 1954\nTOTAL FIRE BAN DECLARATION\nCorrespondence No. D18023\nPursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the\nDepartment of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a\ntotal fire ban for 28 February 2022 for the local government districts of—\nMount Marshall, Mukinbudin, Westonia, Yilgarn.\nDated 27 February 2022.\nGARY GIFFORD, Assistant Commissioner of the Department of\nFire and Emergency Services, as a sub-delegate of the Minister\nunder section 16 of the Fire and Emergency Services Act 1998.\n———————————\nFE403\nBUSH FIRES ACT 1954\nTOTAL FIRE BAN DECLARATION\nCorrespondence No. D18023\nPursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the\nDepartment of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a\ntotal fire ban for 2 March 2022 for the local government districts of—\nExmouth.\nDated 1 March 2022.\nGARY GIFFORD, Assistant Commissioner of the Department of\nFire and Emergency Services, as a sub-delegate of the Minister\nunder section 16 of the Fire and Emergency Services Act 1998.\n\n464 GOVERNMENT GAZETTE, WA 4 March 2022\nFISHERIES\nFI401\nPEARLING ACT 1990\nDECISION TO GRANT AN APPLICATION FOR THE ISSUE OF A PEARL OYSTER FARM LEASE\nA1823084\nI, Nathan Harrison, Director Aquatic Resource Management, as delegate of the Chief Executive Officer\n(CEO) of the Department of Primary Industries and Regional Development, Western Australia,\npursuant to Section 23(1) of the Pearling Act 1990 (“the Pearling Act”) have made the decision to grant\nan application submitted by Cygnet Bay Pearls Consolidated Pty Ltd to issue pearl oyster farm leases\nin respect of an area of water located at Cape Villaret B and Cape Villaret C.\nThe coordinates of the Cape Villaret B lease are as follows—\nBoundary Corner Co-ordinates: Datum GDA94\nPoint Latitude Longitude\nA 18° 17. 600’ S 121° 57. 250’ E\nB 18° 17. 600’ S 121° 58. 250’ E\nC 18° 19. 500’ S 121° 56. 750’ E\nD 18° 19. 500’ S 121° 57. 750’ E\nThe coordinates of the Cape Villaret C lease are as follows—\nBoundary Corner Co-ordinates: Datum GDA94\nPoint Latitude Longitude\nA 18° 11. 500’ S 121° 51. 800’ E\nB 18° 11. 500’ S 121° 52. 000’ E\nC 18° 11. 700’ S 121° 51. 800’ E\nD 18° 11. 700’ S 121° 52. 000’ E\nUnder Section 33(1) of the Pearling Act a person aggrieved by my decision may apply to the State\nAdministrative Tribunal (SAT) for a review of the decision. Application forms can be obtained from the\nSAT located at 5/565 Hay Street, Perth WA or from the SAT’s website www.sat.justice.wa.gov.au. The\napplication together with any supporting documents should be lodged with the SAT within 28 days of\npublication of this Notice. When an application is accepted by the Chief Executive Officer of the SAT,\nthe applicant is to give a copy of the application to the Chief Executive Officer, Department of Primary\nIndustries and Regional Development, 1 Nash Street, Perth WA 6000.\nDated this 24th day of February 2022.\nNATHAN HARRISON, Director Aquatic Resource Management.\nAs delegate of the CEO.\n———————————\nFI402\nPEARLING ACT 1990\nDECISION TO GRANT AN APPLICATION FOR THE ISSUE OF A PEARL OYSTER FARM LEASE\nA1825310\nI, Nathan Harrison, Director Aquatic Resource Management, as delegate of the Chief Executive Officer\n(CEO) of the Department of Primary Industries and Regional Development, Western Australia,\npursuant to Section 23(1) of the Pearling Act 1990 (“the Pearling Act”) have made the decision to grant\nan application submitted by Maxima Pearling Company Pty Ltd to issue a pearl oyster farm lease in\nrespect of an area of water located at Cape Villaret.\nThe coordinates of the Cape Villaret A lease are as follows—\nBoundary Corner Co-ordinates: Datum GDA94\nPoint Latitude Longitude\nA 18° 13. 700’ S 121° 58. 000’ E\nB 18° 13. 700’ S 121° 59. 400’ E\nC 18° 15. 400’ S 121° 59. 400’ E\nD 18° 15. 400’ S 121° 58. 000’ E\n\n4 March 2022 GOVERNMENT GAZETTE, WA 465\nUnder Section 33(1) of the Pearling Act a person aggrieved by my decision may apply to the State\nAdministrative Tribunal (SAT) for a review of the decision. Application forms can be obtained from the\nSAT located at 5/565 Hay Street, Perth WA or from the SAT’s website www.sat.justice.wa.gov.au. The\napplication together with any supporting documents should be lodged with the SAT within 28 days of\npublication of this Notice. When an application is accepted by the Chief Executive Officer of the SAT,\nthe applicant is to give a copy of the application to the Chief Executive Officer, Department of Primary\nIndustries and Regional Development, 1 Nash Street, Perth WA 6000.\nDated this 25th day of February 2022.\nNATHAN HARRISON, Director Aquatic Resource Management.\nAs delegate of the CEO.\n———————————\nFI403\nFISH RESOURCES MANAGEMENT ACT 1994\nSHARK BAY PRAWN MANAGED FISHERY MANAGEMENT PLAN 1993\nAreas Closed to Fishing for Prawns in the Shark Bay Prawn Managed Fishery\nNotice No. 1 of 2022\nI, Rick Fletcher, Executive Director Fisheries and Agriculture Resource Management of the\nDepartment of Primary Industries and Regional Development, Western Australia, in accordance with\nclause 10 of the Shark Bay Prawn Managed Fishery Management Plan 1993, consider it in the better\ninterest of the Shark Bay Prawn Managed Fishery (Fishery) to hereby—\n1. Cancel Notice of Areas Closed to Fishing for Prawns in the Shark Bay Prawn Managed Fishery:\nNotice No. 3 of 2021 dated 29 June 2021.\n2. Permit the trialling of gear between 0800 and 1600 hours each day from 3 April 2022 to 24 April\n2022 provided no fish are held on board, or landed from, the authorised boat and from 24 April\n2022 to 1 October 2022 provided the cod-end is open, in the area described as the Gear Trial\nArea in the Schedule to this Notice.\n3. Except as provided for under Clause 2 of this Notice, prohibit fishing for prawns in those parts\nof the Fishery, between the times and dates provided for in items (a) to (i) below—\n(a) fishing for prawns is prohibited from the date of the gazettal of Notice No. 1 of 2022 to\n0800 hours on 1 October 2022 in the area defined as the Withnell Point Closure in the\nSchedule to this Notice.\n(b) fishing for prawns is prohibited from the date of the gazettal of Notice No. 1 of 2022 to\n1700 hours on 22 May 2022 and from 0800 hours on 11 June 2022 to 0800 hours on\n1 October 2022 in the area defined as the North Carnarvon Peron Line Closure in\nthe Schedule to this Notice.\n(c) fishing for prawns is prohibited from the date of the gazettal of Notice No. 1 of 2022 to\n1700 hours on 22 May 2022 in the area defined as the West Carnarvon Peron Line\nClosure in the Schedule to this Notice.\n(d) fishing for prawns is prohibited from the date of the gazettal of Notice No. 1 of 2022 to\n1700 hours on 24 June 2022 in the area defined as the Central Carnarvon Peron Line\nClosure in the Schedule to this Notice.\n(e) fishing for prawns is prohibited from 0800 hours on 11 June 2022 to 1700 hours on\n20 August 2022 in the area defined as the Denham Sound Closure in the Schedule to\nthis Notice.\n(f) fishing for prawns is prohibited from the date of the gazettal of Notice No. 1 of 2022 to\n0800 hours on 11 June 2022 in the area defined as the Snapper/Trawl Closure in the\nSchedule to this Notice.\n(g) fishing for prawns is prohibited from 1700 hours on 20 August 2022 to 0800 hours on\n1 October 2022 in the area defined as the Extended Snapper/Trawl Closure in the\nSchedule to this Notice.\n(h) in parts of the Fishery within the area defined as North of Koks Island in the Schedule\nto this Notice where fishing for prawns is not otherwise prohibited, fishing for prawns is\nprohibited between 1000 hours and 1700 hours each day between the date of the gazettal\nof Notice No. 1 of 2022 and 1 October 2022.\n(i) in parts of the Fishery within the area defined as South of Koks Island in the Schedule\nto this Notice where fishing for prawns is not otherwise prohibited, fishing for prawns is\nprohibited between 0800 hours and 1700 hours each day between the date of the gazettal\nof Notice No. 1 of 2022 and 1 October 2022.\n4. Except as provided for under Clause 2 of this Notice, fishing for prawns is prohibited in all\nparts of the Fishery outside of the fishing season which is from 1700 hours on 24 April 2022 to\n0800 hours on 1 October 2022.\n\n466 GOVERNMENT GAZETTE, WA 4 March 2022\nSchedule 1\nGear Trial Area\nThe part of the Fishery bounded by a line commencing at a point at 24° 50′ south latitude and 113°\n21.50′ east longitude; then extending due south along the meridian to a point at 24° 52.75′ south latitude\nand 113° 21.50′ east longitude; then due east along the parallel to a point at 24° 52.75′ south latitude\nand 113° 23.50′ east longitude; then due north along the meridian a point at 24° 50′ south latitude and\n113° 23.50′ east longitude; then due west along the parallel to the commencement point.\nWithnell Point Closure\nThe part of the Fishery bounded by a line commencing at point at 25° 36′ south latitude and 113° 01.63′\neast longitude (on Dirk Hartog Island); then extending due east along the parallel to a point at 25° 36′\nsouth latitude and 113° 03.75′ east longitude; then due south along the meridian to a point at 25° 38′\nsouth latitude and 113° 03.75′ east longitude; then due west along the parallel to a point at 25° 38′\nsouth latitude and 113° 02.29′ east longitude (on Dirk Hartog Island); then generally northerly along\nthe high water mark to the commencement point.\nSouth Carnarvon Peron Line Closure\nThe part of the Fishery bounded by a line commencing at a point at 25° 26′ south latitude and 113°\n45.24′ east longitude; then extending due west along the parallel to a point at 25° 26′ south latitude and\n113° 40′ east longitude; then north-westerly along the geodesic to a point at 25° 20.40′ south latitude\nand 113° 30.60′ east longitude; then due north along the meridian to a point at 25° 15.20′ south latitude\nand 113° 30.60′ east longitude; then due east along the parallel to a point at 25° 15.20′ south latitude\nand 113° 40.706′ east longitude; then south-easterly along the geodesic to the commencement point.\nNorth of Koks Island\nThe part of the Fishery north of 24° 45.30′ south latitude.\nSouth of Koks Island\nThe part of the Fishery south of 24° 45.30′ south latitude.\nNorth Carnarvon Peron Line Closure\nThe part of the Fishery bounded by a line commencing at a point at 24° 52.75′ south latitude and 113°\n37.60′ east longitude (on Babbage Island); then extending due west along the parallel to a point at 24°\n52.75′ south latitude and 113° 21′ east longitude; then due south along the meridian to a point at 24°\n58.10′ south latitude and 113° 21′ east longitude; then southerly along the geodesic to a point at 25° 03′\nsouth latitude and 113° 22.46′ east longitude; then due east along the parallel to a point at 25° 03′ south\nlatitude and 113° 33.517′ east longitude; then northerly along the geodesic to a point at 24° 56.06′ south\nlatitude and 113° 31.887′ east longitude; then due east along the parallel to a point at 24° 56.06′ south\nlatitude and 113° 40.90′ east longitude (on the mainland); then generally north-westerly along the high\nwater mark to the commencement point.\nNorth Carnarvon Peron Line Closure Extension\nThe part of the Fishery bounded by a line commencing at a point at 24° 50′ south latitude and 113°\n37.60′ east longitude (on the mainland); then extending due west along the parallel to a point at 24° 50′\nsouth latitude and 113° 21′ east longitude; then due south along the meridian to a point at 24° 52.75′\nsouth latitude and 113° 21′ east longitude; then due east along the parallel to a point at 24° 52.75′ south\nlatitude and 113° 37.60′ east longitude (on Babbage Island); then generally northerly along the high\nwater mark to the commencement point.\nCentral Carnarvon Peron Line Closure\nThe part of the Fishery bounded by a line commencing at a point at 25° 03′ south latitude and 113°\n33.517′ east longitude; then extending due west along the parallel to a point at 25° 03′ south latitude\nand 113° 22.46′ east longitude; then south-easterly along the geodesic to a point at 25° 30.261 south\nlatitude and 113° 30.60 east longitude (on the mainland at Cape Peron North); then due north along\nthe meridian to a point at 25° 15.20 south latitude and 113° 30.60 east longitude; then due east along\nthe parallel to a point at 25° 15.20 south latitude and 113° 40.706 east longitude; then north-westerly\nalong geodesic to a point at 25° 12.727′ south latitude and 113° 39.668′ east longitude; then north-\nwesterly along the geodesic to a point at 25° 10.008′ south latitude and 113° 37.238′ east longitude; then\nnorth-westerly along the geodesic to a point at 25° 04.801′ south latitude and 113° 33.94′ east longitude;\nthen generally northerly to the commencement point.\nWest Carnarvon Peron Line Closure\nThe part of the Fishery bounded by a line commencing at a point at 25° 32 south latitude and 113°\n29.74 east longitude (on the mainland at Peron Peninsula); then extending due west along the parallel\nto a point at 25° 32 south latitude and 113° 25 east longitude; then northerly along the geodesic to a\npoint at 25° 03 south latitude and 113° 22.46 east longitude; then south-easterly along the geodesic to\na point at 25° 30.261 south latitude and 113° 30.60 east longitude (on the mainland at Cape Peron\nNorth); then generally south-westerly along the high water mark to the commencement point.\n\n4 March 2022 GOVERNMENT GAZETTE, WA 467\nDenham Sound Closure\nThe part of the Fishery south of a line commencing at a point at 25° 32 south latitude and 113° 29.74\neast longitude (on the mainland at Peron Peninsula); then extending due west along the parallel to a\npoint at 25° 32 south latitude and 113° 25 east longitude; then westerly along the geodesic to a point\nat 25° 31.25 south latitude and 113° 09.75 east longitude; then westerly along the geodesic to a point\nat 25° 30′ south latitude and 113° 01.40′ east longitude (on Dirk Hartog Island at Cape Levillain); and\nin that part of the Fishery east of a line commencing at a point at 26° 07.30′ south latitude and 113°\n10.90′ east longitude (on Dirk Hartog Island at Surf Point); then south-westerly along the geodesic to a\npoint at 26° 08.62′ south latitude and 113° 09.60′ east longitude (on the mainland at Steep Point).\nSnapper/Trawl Closure\nThe part of the Fishery south of a line commencing at a point at 25° 40.59′ south latitude and 113°\n02.87′ east longitude (on Dirk Hartog Island); then extending due east along the parallel to a point at\n25° 40.59′ south latitude and 113° 04.80′ east longitude; then south-easterly along the geodesic to a\npoint at 25° 41′ south latitude and 113° 05.63′ east longitude; then due east along the parallel to a point\nat 25° 41′ south latitude and 113° 08′ east longitude; then south-easterly along the geodesic to a point\nat 25° 46′ south latitude and 113° 13′ east longitude; then due east along the parallel to a point at 25°\n46′ south latitude and 113° 19′ east longitude; then due north along the meridian to a point at 25° 38′\nsouth latitude and 113° 19′ east longitude; then north-easterly along the geodesic to a point at 25° 32′\nsouth latitude and 113° 25′ east longitude; then due east along the parallel to a point at 25° 32′ south\nlatitude and 113° 29.74′ east longitude (on the mainland at Peron Peninsula); and in that part of the\nFishery east of a line commencing at a point at 26° 07.30′ south latitude and 113° 10.90′ east longitude\n(on Dirk Hartog Island at Surf Point); then south-westerly along the geodesic to a point at 26° 08.62′\nsouth latitude and 113° 09.60′ east longitude (on the mainland at Steep Point).\nExtended Snapper/Trawl Closure\nThe part of the Fishery south of a line commencing at a point at 25° 40.59′ south latitude and 113°\n02.87′ east longitude (on Dirk Hartog Island); then extending due east along the parallel to a point at\n25° 40.59′ south latitude and 113° 04.80′ east longitude; then south-easterly along the geodesic to a\npoint at 25° 41′ south latitude and 113° 05.63′ east longitude; then due east along the parallel to a point\nat 25° 41′ south latitude and 113° 08′ east longitude; then south-easterly along the geodesic to a point\nat 25° 42.40′ south latitude and 113° 09.40′ east longitude; then south along the meridian to a point at\n25° 46.31′ south latitude and 113° 09.40′ east longitude; then south-easterly along the geodesic to a\npoint at 25° 48.65′ south latitude and 113° 12.17′ east longitude; then due east along the parallel to a\npoint at 25° 48.65′ south latitude and 113° 20.20′ east longitude; then due north along the meridian to\na point at 25° 40′ south latitude and 113° 20.20′ east longitude; then due west along the parallel to a\npoint at 25° 40′ south latitude and 113° 19′ east longitude; then north along the meridian to a point at\n25° 38′ south latitude and 113° 19′ east longitude; then north-easterly along the geodesic to a point at\n25° 32′ south latitude and 113° 25′ east longitude; then due east along the parallel to a point at 25° 32′\nsouth latitude and 113° 29.74′ east longitude (on the mainland at Peron Peninsula).\nDated 28th of February 2022.\nRICK FLETCHER, Executive Director, Fisheries and Agriculture\nResource Management as delegate for Chief Executive Officer.\n———————————\nFI404\nFISH RESOURCES MANAGEMENT ACT 1994\nSTATEMENT OF DETERMINATION\nAbalone Management Plan 1992\nI, Heather Brayford, Deputy Director General Sustainability and Biosecurity as delegate for the Chief\nExecutive Officer of the Department of Primary Industries and Regional Development Western\nAustralia, pursuant to clause 11(3) of the Abalone Management Plan 1992, hereby make a\ndetermination in regard to the maximum quantity of abalone that may be taken from the relevant areas\nof the Abalone Managed Fishery during the licensing period commencing on 1 April 2022, as set out\nbelow—\nArea 1—\n5,000 kilograms of Roe’s abalone (whole weight)\n1,200 kilograms of Greenlip abalone (meat weight)\n60 kilograms of Brownlip abalone (meat weight)\nArea 2—\n16,200 kilograms of Roe’s abalone (whole weight)\n6,000 kilograms of Greenlip abalone (meat weight)\n1,500 kilograms of Brownlip abalone (meat weight)\nArea 3—\n4,000 kilograms of Greenlip abalone (meat weight)\n4,500 kilograms of Brownlip abalone (meat weight)\n\n468 GOVERNMENT GAZETTE, WA 4 March 2022\nArea 4—\n0 kilograms of Greenlip abalone (meat weight)\n0 kilograms of Brownlip abalone (meat weight)\nArea 5—\n18,000 kilograms of Roe’s abalone (whole weight)\nArea 6—\n7,500 kilograms of Roe’s abalone (whole weight)\nArea 7—\n29,100 kilograms of Roe’s abalone (whole weight)\nArea 8—\n0 kilograms of Roe’s abalone (whole weight)\nDated this 24th day of February 2022.\nHEATHER BRAYFORD, Deputy Director General Sustainability and\nBiosecurity as delegate for the Chief Executive Officer.\n———————————\nFI405\nFISH RESOURCES MANAGEMENT ACT 1994\nABALONE MANAGEMENT PLAN 1992\nClosure Within the Fishery\nI, Heather Brayford, Deputy Director General Sustainability and Biosecurity as delegate for the Chief\nExecutive Officer of the Department of Primary Industries and Regional Development Western\nAustralia, and pursuant to clause 16(1) of the Abalone Management Plan 1992, am of the opinion that\na prohibition on fishing is required in the better interests of the Fishery, and I prohibit fishing for\nGreenlip Abalone in the Augusta sub-area within Area 3 of the Fishery until 31 March 2023.\nAugusta sub-area—\nAll waters bounded by a line commencing at a point at 33° 38.676′ south latitude and 115° 20.675′\neast longitude (on the mainland near Busselton Jetty); then extending due north along the\nmeridian to a point at 33° 29′ south latitude and 115° 20.675′ east longitude; then extending due\neast along the parallel to a point at 33° 29′ south latitude and 114° 30′ east longitude; then\nextending due south along the meridian to a point at 35° 00′ south latitude and 114° 30′ east\nlongitude; then extending due west along the parallel to a point at 35° 00′ south latitude and 115°\n24′ east longitude; then extending due north along the meridian to a point at 34° 20.048′ south\nlatitude and 115° 24′ east longitude (on the mainland); then generally westerly, northerly and\neasterly along the high water mark to the commencement point.\nDated this 24th day of February 2022.\nHEATHER BRAYFORD, Deputy Director General Sustainability and\nBiosecurity as delegate for the Chief Executive Officer.\nJUSTICE\nJU401\nCOURT SECURITY AND CUSTODIAL SERVICES ACT 1999\nPERMIT DETAILS\nPursuant to the provisions of section 56(1) of the Court Security and Custodial Services Act 1999, the\nCommissioner of Corrective Services has revoked the following Permits to do High-Level Security\nWork—\nSurname First Name(s) Permit Number Date Permit Revoked\nShepherd Candice WLG-18020-1 21/02/2022\nHurley Andrew WLG-19029 21/02/2022\nO’Neill Monique WLG-19058 21/02/2022\nThis notice is published under section 57(1) of the Court Security and Custodial Services Act 1999.\nTRACY MUIR, A/Director Strategic Business Development.\n———————————\n\n4 March 2022 GOVERNMENT GAZETTE, WA 469\nJU402\nJUSTICES OF THE PEACE ACT 2004\nRESIGNATIONS\nIt is hereby notified for public information that the Minister has accepted the resignation of—\nPatricia Ruth Floan of Oldbury\nMichael Thomas Howieson of Gwelup\nJoan Claire Jacobs of Hamilton Hill\nJohn Alexander MacMillan of Victoria Park\nIan Charles Leslie McIntosh of Mosman Park\nfrom the Office of Justice of the Peace for the State of Western Australia.\nJOANNE STAMPALIA, Executive Director, Court and Tribunal Services.\n———————————\nJU403\nJUSTICES OF THE PEACE ACT 2004\nAPPOINTMENTS\nIt is hereby notified for public information that the Governor in Executive Council has approved of the\nfollowing to the Office of Justice of the Peace for the State of Western Australia—\nEdward William Francis Clouter of Riverton\nIan James Rawlings of Mount Lawley\nJOANNE STAMPALIA, Executive Director, Court and Tribunal Services.\n———————————\nJU404\nCOURT SECURITY AND CUSTODIAL SERVICES ACT 1999\nPERMIT DETAILS\nPursuant to the provisions of section 51(1) of the Court Security and Custodial Services Act 1999, the\nCommissioner of Corrective Services has issued the following Permits to do High-Level Security Work—\nSurname First Name(s) Permit Number Permit Issue Date\nWaycott Kevin Sidney BRS-200004 23/02/2022\nNangle Mark Stephen BRS-210084 23/02/2022\nPlatt Nikkita Simone BRS-210070 23/02/2022\nItaliano Daniel BRS-210063 23/02/2022\nThis notice is published under section 57(1) of the Court Security and Custodial Services Act 1999.\nSUE HOLT, Assistant Director, Prisoner Transport and\nCustodial Services Contract Management.\nLOCAL GOVERNMENT\nLG401\nLOCAL GOVERNMENT ACT 1995\nShire of Augusta Margaret River\nBASIS OF RATES\nI, Tim Fraser, being delegated by the Minister of the Crown to whom the administration of the Local\nGovernment Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,\nhereby, and with effect from 22 February 2022, determined that the method of valuation to be used by\nthe Shire of Augusta Margaret River as the basis for a rate in respect of the land referred to in the\nSchedule is to be the gross rental value of the land;\nSchedule\nDesignated Land\nUV to GRV\nAll those portions of land being Lot 102, Lot 235 and Lots 237 to\n261 inclusive as shown on Deposited Plan 421379.\nTIM FRASER, Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————\n\n470 GOVERNMENT GAZETTE, WA 4 March 2022\nLG402\nLOCAL GOVERNMENT ACT 1995\nCITY OF WANNEROO\nFENCING LOCAL LAW 2021\nUnder the powers conferred by the Local Government Act 1995 and under all other enabling powers,\nthe Council of the City of Wanneroo resolved on 15 February 2022 to make the following local law.\nPRELIMINARY\n1.1 Citation and application\nThis local law may be cited as the City of Wanneroo Fencing Local Law and shall apply throughout the\ndistrict.\n1.2 Commencement\nThis local law will come into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Repeal and transitional provisions\nThe City of Wanneroo Fencing Local Law 2016, published in the Government Gazette, Number 137\ndated 28 July 2016, is repealed.\nA permit or other authorisation under a repealed local law that is in force before the commencement\nday is to be regarded on and after that day as a permit under this local law and may be dealt with\naccordingly.\n1.4 Definitions and interpretation\nIn this local law unless the context requires otherwise—\nAct means the Local Government Act 1995;\nAS/NZS means an Australian or Australian/New Zealand Standard (as applicable) published by\nStandards Australia, as amended from time to time;\nauthorised person means a person authorised by the local government under section 9.10 of the\nAct to carry out any of the functions of an authorised person under this local law;\nBuilding Code has the meaning given to it in regulation 3 of the Building Regulations 2012;\nbuilding permit has the meaning given to it in the Building Act 2011;\ncommercial lot means a lot zoned commercial, mixed use or business or an equivalent commercial\nzone under the local planning scheme and/or structure plan, but does not include a lot occupied\nby a residential building;\ndangerous, in relation to any fence, means—\n(a) an electrified fence, or one containing barbed or razor wire, other than a fence that is\nconstructed and maintained in accordance with this local law;\n(b) a fence containing exposed broken glass, asbestos fibre or any other potentially harmful\nprojection or material; or\n(c) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from\nany cause;\ndistrict means the district of the City of Wanneroo and includes any area placed under the\njurisdiction of the City pursuant to any Act or Regulation;\ndividing fence has the meaning given to it in the Dividing Fences Act 1961 (as amended from time\nto time);\nelectrified fence means a fence carrying or designed to carry an electric charge;\nfence means any structure, not including a retaining wall, that is used or functions as a barrier,\nirrespective of where it is located, and includes any gate;\nfront boundary means the boundary that separates a thoroughfare and the front of a lot;\nfront fence means a fence in the front setback area of a lot;\nfront setback means the horizontal distance between the front boundary and a wall of a building,\nmeasured at a right angle to the front boundary;\nheight, in relation to a fence, means the vertical distance between—\n(a) the top of the fence at any point; and\n(b) the ground level or, where the ground levels on each side of the fence are not the same, the\nhigher ground level immediately below that point;\nindustrial lot means a lot situated within a general industrial or service industrial zone or an\nequivalent industrial zone under the local planning scheme and/or structure plan;\nland means land in the district and includes a house, building, work or structure, in or on the land;\nlocal government means the City of Wanneroo;\n\n4 March 2022 GOVERNMENT GAZETTE, WA 471\nlocal planning scheme means a local planning scheme made by the local government under the\nPlanning and Development Act 2005;\nlot has the meaning given to it in the Planning and Development Act 2005;\noccupier where used in relation to land means the person by whom or on whose behalf the land is\nactually occupied or, if there is no occupier, the person entitled to possession of the land;\nopen fence means a fence—\n(a) that has continuous vertical or horizontal gaps of 50 mm or greater width comprising not\nless than one third of the total surface area; or\n(b) that has continuous vertical or horizontal gaps less than 50 mm in width, comprising at\nleast one half of the total surface area in aggregate; or\n(c) that has a surface offering equal or lesser obstruction to view; and\n(d) the lower portion of which may be closed up to a height of 1.2 m above the natural ground\nlevel measured from the primary street side of the fence;\nowner, for the purposes of the definition of ‘dividing fence’, has the meaning given to it in the\nDividing Fences Act 1961;\nowner, for all other purposes, has the meaning given to it in the Act;\npenalty unit has the meaning given to it in the City of Wanneroo Penalty Units Local Law 2015;\nperson means any natural person, company, public body, association or body of persons, corporate\nor unincorporated and includes an owner, occupier, licensee and permit holder (as applicable),\nbut does not include the local government;\npublic place means a place to which the public has access;\nreserve means land (including a parkland or foreshore) in or adjoining the district that is—\n(a) set apart for the use and enjoyment of the public; or\n(b) acquired for public purposes and vested in or under the care, control and management of\nthe local government;\nresidential lot means any lot—\n(a) situated within a residential, special residential or smart growth\ncommunity zone as classified by the local planning scheme and/or structure plan; or\n(b) which is or will be predominantly used for residential purposes; but does\nnot include a rural lot;\nretaining wall means any structure which prevents the movement of soil in order to allow ground\nlevels of different elevations to exist adjacent to one another;\nrural lot means any lot situated within a general rural, special rural, rural resource, rural\ncommunity, landscape enhancement or an equivalent rural zone as classified by the local\nplanning scheme;\nstructure plan has the meaning given to it in the local planning scheme;\nsufficient fence means a fence described in section 2.2;\nthoroughfare has the meaning given to it in the Act, but does not include a private thoroughfare\nwhich is not under the management or control of the local government; and\nuniform fence means a fence erected by a developer or subdivider in accordance with a subdivision\napproval which divides a residential lot from a public place such as a pedestrian access way,\npublic open space or road reserve.\nAny other expression used in this local law and not defined herein shall have the meaning given to\nit in the Act or the Dividing Fences Act 1961 (as applicable).\n1.5 Relationship with other laws\nIn the event of any inconsistency between the provisions of a local planning scheme and the\nprovisions of this local law, the provisions of the local planning scheme will prevail.\nExcept as described below, nothing in this local law affects the need for compliance, in respect of a\nfence, with any relevant provisions—\n(a) of a local planning scheme; and\n(b) that apply if a building permit is required for a fence under the Building Act 2011 or Building\nRegulations 2012.\nA dividing fence constructed and maintained as a sufficient fence under this local law does not\nrequire a building permit.\n\n472 GOVERNMENT GAZETTE, WA 4 March 2022\nFENCING GENERAL\n2.1 Dividing fences\nUnless by agreement between the owners of adjoining lots, a person must—\n(a) not construct or alter a dividing fence on a lot so that it does not satisfy the requirements for a\nsufficient fence as set out in this local law;\n(b) not attach anything to a dividing fence;\n(c) maintain a dividing fence in a condition which satisfies the requirements of a sufficient fence;\nor\n(d) not alter the level of the ground adjoining the boundary so as to change the height of a dividing\nfence unless the dividing fence is altered, reconstructed or relocated so as to satisfy the\nrequirements of a sufficient fence.\nAn agreement in respect of a dangerous fence is taken not to be an agreement between owners of\nadjoining lots for the purposes of section 2.1(1) of this local law.\nWithout limiting section 1.5, an agreement between the owners of adjoining lots does not negate the\nneed to obtain approval under any other written law.\n2.2 Sufficient fence\nSubject to subsections (2) and (3), a sufficient fence—\n(a) on a residential lot is a dividing fence constructed and maintained in accordance with the\nrequirements of Schedule 1.\n(b) on a commercial lot or an industrial lot is a dividing fence constructed and maintained in\naccordance with the requirements of Schedule 2; and\n(c) on a rural lot is a dividing fence constructed and maintained in accordance with the\nrequirements of Schedule 3.\nWhere a fence is constructed on or near the boundary between a residential lot and any of the\nfollowing—\n(a) an industrial lot;\n(b) a commercial lot; or\n(c) a rural lot,\na sufficient fence is a dividing fence constructed and maintained in accordance with the requirements\nof Schedule 1.\nWhere—\n(a) the zoning of a lot is changed from ‘Rural’ to ‘Residential’ under a local planning scheme; and\n(b) immediately before that zoning change a dividing fence on that lot is a sufficient fence,\nthe requirements of Schedule 1 will not apply to that dividing fence until a residential use becomes the\npredominant use for that lot.\nA dividing fence or any fence lawfully erected prior to this local law coming into operation constitutes\na sufficient fence.\n2.3 Fencing within the front setback area\nOn a residential lot, a front fence shall be constructed of face finished brick, concrete, stone or timber\npalings, or a combination of the aforementioned materials or similar (but excluding fibre cement\nsheeting or sheet metal), that complement the dwelling and do not detract from the streetscape.\nOn an industrial lot, a fence erected within the front setback area shall be constructed and\nmaintained as an open fence and not exceed a height of 2.4m.\nOn a rural lot, a front fence shall be—\n(a) not greater than 1.2m in height; or\n(b) if greater than 1.2m in height, constructed and maintained as an open fence and must not\nexceed 1.8m in height.\n2.4 Sightlines at vehicle access point\nA fence adjacent to any vehicle access point, or where two streets intersect, must be truncated with the\nminimum dimension of the truncation being 1.5m or the fence reduced in height to no more than 0.75m.\n2.5 Maintenance of fences\nThis section applies to a fence that is—\n(a) a front fence; or\n(b) a fence that separates a lot and a thoroughfare.\nAn owner or occupier of a lot on which a fence is constructed must maintain the fence in good\ncondition so as to prevent it from becoming dangerous, dilapidated, unsightly, or prejudicial to the\namenity of the locality.\n\n4 March 2022 GOVERNMENT GAZETTE, WA 473\nAn owner or occupier of a lot adjacent to a uniform fence must, where that fence is damaged,\ndilapidated or in need of repair, ensure that—\n(a) it is repaired or replaced with the same or similar materials with which it was first constructed;\nand\n(b) so as far as practicable the repaired or replaced section is the same, including of same height,\nas the original fence.\n2.6 Prohibited fencing materials\nIn constructing or maintaining a fence a person must not use—\n(a) except where specifically allowed by this local law, broken glass or any other potentially\nharmful projection or material;\n(b) asbestos fibre;\n(c) any material that is likely to collapse or fall, or part of which is likely to collapse or fall, from\nany cause; or\n(d) pre-used materials, unless they are painted or treated to the satisfaction of the local\ngovernment.\n2.7 Gates in fences\nA person must not construct or maintain on a lot a gate in a fence, unless the gate opens—\n(a) into the subject lot; or\n(b) by sliding parallel on the inside of the fence, which it forms part of, when closed.\nBARBED AND RAZOR WIRE FENCES\n3.1 Barbed and razor wire fences\nOn a residential lot or any other lot abutting such a lot, a person shall not erect or affix to any fence\nany barbed wire, razor wire or other material with spiked or jagged projections.\nOn an industrial lot or a commercial lot, a person shall not erect or affix to any fence bounding that\nlot any barbed wire, razor wire or other materials with spiked or jagged projections unless the wire or\nmaterials are not less than 2.0m from ground level.\nIf the posts which carry the barbed wire, razor wire or other materials referred to in subsection (2)\nare angled towards the outside of the lot bounded by the fence, the face of the fence must be set back\nfrom the lot boundary a sufficient distance to ensure that the angled posts, barbed wire or other\nmaterial do not encroach on adjoining land.\nOn a rural lot, a person shall not place or affix barbed wire upon a fence on that lot where the fence\nis adjacent to a thoroughfare or other public place unless the barbed wire is fixed to the side of the fence\nposts furthest from the thoroughfare or other public place.\nELECTRIFIED FENCES\n4.1 Electrified fences\nOn a residential lot or commercial lot or any other lot abutting such a lot, a person shall not erect\nor affix an electrified fence.\nOn a rural lot or industrial lot, an electrified fence shall—\n(a) comply with any applicable AS/NZS;\n(b) comply with any requirements of Western Power; and\n(c) be inoperable during the hours of business, if any.\nENFORCEMENT\n5.1 Offences and general penalty\nA person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\nA person who commits an offence under this local law is liable, on conviction, to a penalty not less\nthan $500 and not exceeding $5,000 and, if the offence is of a continuing nature, to an additional daily\npenalty not exceeding $500 for each day or part of a day during which the offence has continued.\n5.2 Prescribed offences\nAn offence against a section of this local law specified in Schedule 4 is a prescribed offence for the\npurposes of section 9.16 of the Act.\nThe number of modified penalty units for a prescribed offence is that specified in the fourth column\nof Schedule 4.\nIf this local law expresses a modified penalty as a number of penalty units, the monetary value of\nthe modified penalty is the number of dollars obtained by multiplying the value of the penalty unit by\nthe number of penalty units.\n5.3 Form of infringement notices\nFor the purposes of this local law—\n\n474 GOVERNMENT GAZETTE, WA 4 March 2022\nthe form of the infringement notice referred to in section 9.16 of the Act is Form 2 in Schedule 1 of\nthe Local Government (Functions and General) Regulations 1996; and\nthe form of the infringement withdrawal notice referred to in section 9.20 of the Act is Form 3 in\nSchedule 1 of the Local Government (Functions and General) Regulations 1996.\n————\nSchedule 1\n(section 2.2(1)(a))\nA SUFFICIENT FENCE ON A RESIDENTIAL LOT BEHIND THE FRONT SETBACK\n1. This Schedule does not apply to a uniform fence or a front fence.\n2. Refer to section 2.3 of this local law for fences within the front setback area.\n3. On a residential lot, a sufficient fence is a dividing fence that—\n(a) is constructed of—\n(i) corrugated fibre-reinforced pressed cement sheeting;\n(ii) timber palings;\n(iii) masonry (including brick, stone or concrete);\n(iv) factory coloured sheet metal post and panelled fence;\n(v) PVC panel (eg. Duralock); or\n(vi) any combination of the materials described in paragraphs (i)-(v); and\n(b) is between 1.75m and 1.85m in height; and\n(c) where constructed of masonry, is in accordance with AS/NZS for masonry construction that has\nbeen adopted by the Building Code at the time of construction.\n————\nSchedule 2\n(section 2.2(1)(b))\nA SUFFICIENT FENCE ON A COMMERCIAL LOT OR INDUSTRIAL LOT\n1. This Schedule does not apply to a uniform fence or a front fence.\n2. Refer to section 2.3 of this local law for fences within the front setback area.\n3. On a commercial lot or industrial lot, a sufficient fence is a dividing fence that—\n(a) is constructed of—\n(i) link mesh, chain mesh or steel mesh and is no higher than 2.0m, unless it is topped with\nup to three strands of barbed wire to a total height of no more than 2.4m;.\n(ii) fibre reinforced cement sheets;\n(iii) painted or galvanized steel or aluminium sheeting; or\n(iv) timber or masonry (including brick, stone or concrete); and\n(b) is no more than 2.4m in height; and\n(c) where constructed of masonry, is in accordance with AS/NZS for masonry construction that has\nbeen adopted by the Building Code at the time of construction.\n————\nSchedule 3\n(section 2.2(1)(c))\nA SUFFICIENT FENCE ON A RURAL LOT\n1. This Schedule does not apply to a uniform fence or a front fence.\n2. On a rural lot, a sufficient fence is a dividing fence that—\n(a) is at least 1.2m in height; and\n(b) is constructed of posts and wire.\n————\n\n4 March 2022 GOVERNMENT GAZETTE, WA 475\nSchedule 4\n(section 5.2)\nPRESCRIBED OFFENCES AND MODIFIED PENALTIES\nItem\nNo Clause No Nature of Offence Penalty\nUnit\nPart 2—Fencing—general\n1 2.1(1)(a) Constructing or altering a dividing fence which is not a\nsufficient fence\n25\n2 2.1(1)(b) Attaching anything to a dividing fence 25\n3 2.1(1)(c) Failing to maintain a fence in a condition to satisfy\nrequirements of a sufficient fence\n25\n4 2.1(1)(d) Altering ground level of a fence without satisfying the\nrequirements of a sufficient fence\n25\n5 2.3(1) Constructing a front fence of a material that does not\ncomplement the dwelling or detracts from the streetscape\n25\n6 2.3(2) Constructing a fence on an industrial lot that is not an open\nfence or is in excess of 2.4m\n25\n7 2.3(3) Constructing a fence on a rural lot that is greater than 1.2m\nin height or, if greater than 1.2m in height, that is not an\nopen fence or is in excess of 1.8m\n25\n8 2.4 Constructing a fence adjacent to a vehicle access point\nwithout a truncation\n25\n9 2.5(2) Failure to maintain a fence in good condition to prevent fence\nbecoming dangerous, dilapidated, unsightly\n25\n10 2.6 Using a prohibited material in the construction or\nmaintenance of a fence\n25\n11 2.7 Constructing or maintaining a gate in a fence not opening\ninto the lot or by sliding parallel and on the inside of the\nfence\n25\nPart 3—Barbed and razor wire fences\n12 3.1(1) Using barbed or razor wire, spiked or jagged projections in a\nfence on a residential lot, special residential lot or any other\nlot abutting such a lot.\n25\n13 3.1(2) Having and using a barbed or razor wire fence on a\ncommercial or industrial lot at a height lower than 2m\n25\n14 3.1(3) Constructing a fence with barbed wire that encroaches into\nadjoining land\n25\n15 3.1(4) Placing or affixing barbed wire on the side of a fence on a\nrural lot that faces a thoroughfare or other public place\n25\nPart 4—Electrified fences\n16 4.1 Having and using an electrified fence on a residential lot,\ncommercial lot or any other lot abutting such a lot\n25\n17 4.1(2)(a) Having and using an electric fence on a rural lot or industrial\nlot that is non-compliant with any applicable AS/NZS\n25\n18 4.1(2)(b) Having or using an electric fence on a rural lot or industrial\nlot that does not comply with the requirements of Western\nPower\n25\n19 4.1(2)(c) Operating an electric fence on a rural lot or industrial lot\nduring business hours\n25\n20 5.1 Other offences not specified 25\n————\nDated 22 February 2022.\nThe Common Seal of the City of Wanneroo was affixed by authority of a resolution of the Council in the\npresence of—\nTRACEY GARDNER ROBERTS, Mayor.\nDANIEL JOHN SIMMS, Chief Executive Officer.\n———————————\n\n476 GOVERNMENT GAZETTE, WA 4 March 2022\nLG403\nCITY OF KALGOORLIE-BOULDER\nAPPOINTMENTS\nThe City of Kalgoorlie-Boulder wishes to advise for public information the appointment of Susie\nBeamish and Christie Butterworth as authorised officers to operate within the City of Kalgoorlie-\nBoulder to enforce the following Acts, Regulations and Local Laws effective immediately–\n• Local Government Act 1995\n• Local Government (Miscellaneous Provisions) Act 1960\n• Dog Act 1976 and Regulations\n• Cat Act 2011 and Regulations\n• Litter Act 1979 and Regulations\n• Bush Fires Act 1954 and Regulations— (Bush Fire Control Officer)\n• Bush Fires (Infringements) Regulations 1978\n• Control of Vehicles (Off-road Areas) Act 1978 and Regulations\n• Caravan Parks and Camping Grounds Act 1995 and Regulations 1997\n• City of Kalgoorlie-Boulder Local Laws\nIn addition, Kodi Sticklen, Peter Curran and Tim Hanson have been appointed as authorised officers\nto operate within the City of Kalgoorlie-Boulder to enforce the following Acts, Regulations and Local\nLaws effective immediately–\n• Local Government Act 1995\n• Local Government (Miscellaneous Provisions) Act 1960\n• Litter Act 1979 and Regulations\n• City of Kalgoorlie-Boulder Local Laws\nALEX WIESE, Acting Chief Executive Officer.\nMINERALS AND PETROLEUM\nMP401\nMINING ACT 1978\nAPPLICATION FOR AN ORDER FOR FORFEITURE\nDepartment of Mines, Industry Regulation and Safety,\nMeekatharra WA 6642.\nIn accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the\nfollowing licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978\nfor breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-\ncompliance with the reporting provisions.\nWARDEN WHITE.\n————\nTo be heard by the Warden at Meekatharra on 20 April 2022.\nPEAK HILL MINERAL FIELD\nProspecting Licences\nP 52/1610 Morning Star Mining Pty Ltd\n———————————\n\n4 March 2022 GOVERNMENT GAZETTE, WA 477\nMP402\nMINING ACT 1978\nAPPLICATION FOR AN ORDER FOR FORFEITURE\nDepartment of Mines, Industry Regulation and Safety,\nMarble Bar WA 6760.\nIn accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the\nfollowing licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978\nfor breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-\ncompliance with the reporting provisions.\nWARDEN MacLEAN.\n————\nTo be heard by the Warden at Marble Bar on 21 April 2022.\nPILBARA MINERAL FIELD\nProspecting Licences\nP 45/3100-S West, Robert\nBrettner, Keelan\nWally, Bevon\nDann, Robert\nP 46/1939 Young, John William\nP 46/1954 Parsonage, Darrol Terence\n———————————\nMP403\nMINING ACT 1978\nAPPLICATION FOR AN ORDER FOR FORFEITURE\nDepartment of Mines, Industry Regulation and Safety,\nMt. Magnet WA 6638.\nIn accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the\nfollowing licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978\nfor breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-\ncompliance with the reporting provisions.\nWARDEN WHITE.\n————\nTo be heard by the Warden at Mt. Magnet on 21 April 2022.\nMURCHISON MINERAL FIELD\nProspecting Licences\nP 20/2230 Rise Success International Development Pty Ltd\nP 58/1863 Goodrick, Scott Anthony\nYALGOO MINERAL FIELD\nProspecting Licences\nP 59/2220-S Noble, James Ian\nP 59/2238-S Blair, Steven Glenn\nP 59/2240 D’Agostino, Carmello Tony\n———————————\n\n478 GOVERNMENT GAZETTE, WA 4 March 2022\nMP404\nMINING ACT 1978\nAPPLICATION FOR AN ORDER FOR FORFEITURE\nDepartment of Mines, Industry Regulation and Safety,\nMarble Bar WA 6760.\nIn accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the\nfollowing licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978\nfor breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-\ncompliance with the reporting provisions.\nWARDEN MacLEAN.\n————\nTo be heard by the Warden at Marble Bar on 21 April 2022.\nPILBARA MINERAL FIELD\nProspecting Licences\nP 45/2897 Hanson Construction Materials Pty Ltd\n———————————\nMP405\nMINING ACT 1978\nINSTRUMENT OF VARIATION OF EXEMPTION OF LAND\nI, Kristian Hartley Dawson, Executive Director, Resource Tenure, pursuant to section 19 of the Mining\nAct 1978 hereby vary the exemption originally declared on 23 May 1989 and published in the\nGovernment Gazette dated 16 June 1989 by varying the description to that as described hereunder (not\nbeing private land or land that is the subject of a mining tenement or an application for a mining\ntenement) from Divisions 1 to 5 of Part IV of the Mining Act 1978.\nLocality\nCarnarvon\nDescription of Land\nLand designated S19/83 in the TENGRAPH electronic plan of the Department of Mines, Industry\nRegulation and Safety. A geospatial description is filed in the Department of Mines, Industry\nRegulation and Safety electronic file number A2671/201901, document ID 8991215.\nArea of Land\n776.96 hectares\nDated at Perth this 28th day of February 2022.\nKRISTIAN HARTLEY DAWSON, Executive Director, Resource Tenure.\n———————————\nMP406\nMINING ACT 1978\nINSTRUMENT OF VARIATION OF EXEMPTION OF LAND\nI, Kristian Hartley Dawson, Executive Director, Resource Tenure, pursuant to section 19 of the Mining\nAct 1978 hereby vary the exemption originally declared on 4 September 2019 and published in the\nGovernment Gazette dated 20 September 2019 by varying the description to that as described hereunder\n(not being private land or land that is the subject of a mining tenement or an application for a mining\ntenement) from Divisions 1 to 5 of Part IV of the Mining Act 1978.\nLocality\nKennedy Range National Park\nDescription of Land\nLand designated S19/385 in the TENGRAPH electronic plan of the Department of Mines, Industry\nRegulation and Safety. A geospatial description is filed in the Department of Mines, Industry\nRegulation and Safety electronic file number A1185/201901, document ID 8995163.\nArea of Land\n505,998.81 hectares\nDated at Perth this 18th day of February 2022.\nKRISTIAN HARTLEY DAWSON, Executive Director, Resource Tenure.\n\n4 March 2022 GOVERNMENT GAZETTE, WA 479\nPLANNING\nPL401\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Swan\nLocal Planning Scheme No. 17—Amendment No. 182\nRef: TPS/2557\nIt is hereby notified for public information, in accordance with section 87 of the Planning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Swan Local Planning Scheme\namendment on 10 February 2022 for the purpose of—\n(a) Insert the following exempted development into Schedule 5 of the scheme text and locate this\nnew entry between the existing ‘Shade Structure’ and ‘Swimming Pool/Spa’ entries—\nExempted\nDevelopment\nApplicable\nZones/Reserves\nConditions applying to the exempted development\nSolar Collectors\nincidential to\nbuildings\nAll zones Where the development meets all of the following\ncriteria—\n• is installed on the roof or other part of buildings;\n• a maximum projection no greater than 1.5 metres\nfrom the highest point of the building to which it\nis attached to;\n• is incidental to an approved land use;\n• satisfies the deemed-to-comply requirements of\nthe R-Codes, if the R-Codes apply to the\ndevelopment;\n• is not located in a place—\n• entered in the Register of Heritage Places\nunder the Heritage Act 2018;\n• the subject of an order under the Heritage\nAct 2018;\n• the subject of a heritage agreement entered\ninto under the Heritage Act 2018;\n• is not located within a Heritage Area designated\nby this Scheme and is not on a lot that contains a\nplace on the Heritage List prepared in accordance\nwith this Scheme,\nOr;\nWhere the development is located within a Heritage\nArea designated by this Scheme or a lot that contains a\nplace on the Heritage Lost prepared in accordance with\nthis Scheme and meets all of the following criteria—\n• is installed flush-mounted on the roof or other\npart of buildings that does not face any adjoining\nstreet or public land;\n• satisfies the deemed-to-compl requirements of the\nR-Codes, if the R-Codes apply to the development;\n• is not located in a place—\n• entered in the Register of Heritage Places\nunder the Heritage Act 2018;\n• the subject of an order under the Heritage\nAct 2018, and;\n• the subject of a heritage agreement entered\ninto under the Heritage Act 2018.\nD LUCAS, Mayor.\nM J FOLEY, Chief Executive Officer.\n———————————\n\n480 GOVERNMENT GAZETTE, WA 4 March 2022\nPL402\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Swan\nLocal Planning Scheme No. 17—Amendment No. 194\nRef: TPS/2754\nIt is hereby notified for public information, in accordance with section 87 of the Planning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Swan Local Planning Scheme\namendment on 10 February 2022 for the purpose of—\n(a) Modify the wording of Condition No.2 of Special Use Zone No.24 in Schedule 4—Special Use\nZones as follows—\nNo. Description of Land Special Use Conditions\n24 Lot 57 on P28643 West\nParade; Lot 9000 on\nDP30961 West Parade;\nLot 200 on DP30961\nWest Parade; Lot 1 on\nP7052 West Parade,\nSouth Guildford.\nPrecinct 1—Lot 57 on\nP28643, portion of Lot\n9000 on DP30961 and\nportion Lot 1 on P7052\nWest Parade, South\nGuildford, as depicted\nin the Precinct Map.\nPrecinct 2—Lot 200 on\nP30961 (including\nwhole of existing\nLodge), portion of Lot\n9000 on DP30961 and\nportion Lot 1 on P7052\nWest Parade, South\nGuildford, as depicted\nin the Precinct Map.\n1. Subdivision and development shall be in\naccordance with a Structure Plan prepared in\naccordance with the provisions of Part 4 of the\nPlanning and Development (Local Planning\nScheme) Regulations 2015.\n2. Residential development shall be at a\nmaximum density of R20, except where land is\nbelow the 20 ANEF exposure level, in which case\nthe applicable density shall be in accordance with\nthe Rosehill Waters Structure Plan.\n3. Notwithstanding the provisions of State\nPlanning Policy 5.1 Land Use Planning in the\nVicinity of Perth Airport, noise insulation in\naccordance with AS2021-2015: Acoustics—\nAircraft Noise Intrusion—Building Siting and\nConstruction is required as a minimum for\nresidential development within the 20-25 ANEF\ncontour.\n4. A notification is to be included on all titles and\nwithin sale contracts, to be signed and\nacknowledged by all purchasers, which states as\nfollows—\nThis land is subjected to aircraft noise at any\ntime by the 24 hour a day, 7 day a week\npassenger and freight aircraft flight operations\narriving and departing Perth Airport.\nThe frequency of aircraft movements and the size\nof aircraft are forecast to increase indefinitely\ninto the future.\nIt is the responsibility of landowners to noise\nalteruate their property to ensure their amenity,\nas Perth Airport will remain curfew free.\n5. Signage indicating ‘Aircraft Noise Area’ is to be\nerected and maintained to the east and west of\nthe development on West Parade. Such signage is\nto be erected prior to the sale of any lot or the\nadvertising of the lots for sale and is to be\nmaintained permanently thereafter.\n(and subsequent provisions as stated thereafter)\nD LUCAS, Mayor.\nJ EDWARDS, Chief Executive Officer.\n———————————\n\n4 March 2022 GOVERNMENT GAZETTE, WA 481\nPL403\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Greater Geraldton\nLocal Planning Scheme No. 1—Amendment No. 17\nRef: TPS/2805\nIt is hereby notified for public information, in accordance with section 87 of the Planning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Greater Geraldton Local\nPlanning Scheme amendment on 30 November 2021 for the purpose of—\n1. Rezoning Lot 156 (No. 331) Place Road, Strathalbyn from ‘Residential R5’ to ‘Commercial’; and\n2. Modifying the Scheme Map accordingly.\nS G VAN STYN, Mayor.\nR MCKIM, Chief Executive Officer.\n———————————\nPL404\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Armadale\nRef: TPS/2695\nIt is hereby notified for public information, in accordance with section 87 of the Planning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Armadale Local Planning\nScheme amendment on 22 February 2022 for the purpose of—\n(a) Amending Special Control Map 3 as shown on the attached Proposed Zoning—Special Control\nArea Map 3 Plan and include the area as Development Contribution Area No. 8 and insert\nDevelopment Contribution Plan No. 8 into Schedule 9B of Town Planning Scheme No. 4 as\nfollows—\nNo. Description of\nLand\nContribution Arrangements\n8 Development\nContribution\nArea (DCA) 8—\nWest of Rail\nRedevelopment\nArea as identified\non Scheme\nSpecial Control\nArea Map 3.\n4.1 Relationship to other plans and other parts of the Scheme\nThe development contribution plan generally conforms to the\nApproved Structure Plans for Development Contribution Area 8 and\nthe Local Planning Strategy, Armadale Activity Centre Structure\nPlan, Corporate Business Plan and Strategic Community Plan.\nWhere the provisions of Development Contribution Plan 8 are\ninconsistent with the provisions of Part 5A of the Scheme, then the\nprovisions of Development Contribution Plan 8 in S the extent of any\ninconsistency.\n4.2 Definitions\nAssessed Value means a land value obtained in accordance with the\nprocedures described in clauses 4.4.5 to 4.4.6 of Development\nContribution Plan 8.\nDevelopable Area is defined as a total area of land minus land area\ndeductions as detailed in the Development Contribution Plan 8\nInfrastructure Cost Schedule.\nDevelopment Contribution Plan Report means a report appurtenant\nto the Scheme and Development Contribution Plan 8, and containing\ninformation and instructions on the operation of Development\nContribution Plan 8, as periodically reviewed in accordance with\nDevelopment Contribution Plan 8.\nInfrastructure Cost Schedule means a schedule appurtenant to the\nScheme and Development Contribution Plan 8, and containing the\nestimated cost of Infrastructure and Administration of Development\nContribution Plan 8, contribution cost, land area deductions and land\narea summary, as periodically reviewed in accordance with\nDevelopment Contribution Plan 8.\n4.3 Infrastructure and Administrative Items to be funded\n4.3.1 Infrastructure Item 1a—Movement Network and Urban\nPlaza\nFull cost to construct Cornish Street, including laneway\nconnection to Fifth Avenue, urban plaza and land acquisition\nas detailed in the Development Contribution Plan Report and\nInfrastructure Cost Schedule.\n\n482 GOVERNMENT GAZETTE, WA 4 March 2022\n4.3.2 Infrastructure Item 2a—Public Utilities\nContribution towards the Sewer Upgrade from Cornish\nStreet to Fifth Avenue as detailed in the Development\nContribution Plan Report and Infrastructure Cost Schedule.\n4.3.3 Administration Costs—\nFull costs associated with preparing and administering\nDevelopment Contribution Plan 8\n4.4 Method for Calculating Contributions and Assessed Values\n4.4.1 Approach\nContributions for infrastructure items will be calculated on a\nDevelopable Area basis.\n4.4.2 Cost Contribution Calculation\nThe contribution to be made by each Owner to the\nimplementation of the Infrastructure and Administration\nCosts shall be a Cost Contribution, based on a per square\nmetre basis calculated by the Local Government as follows—\n4.4.2.1 Infrastructure Items per Square Metre Rate\ncalculation\n(a) Calculation for entire Development\nContribution Area Infrastructure Items per\nSquare Metre Rate (E) calculated as follows at\neach review of the Infrastructure Cost\nSchedule and to remain applicable from the\napproval of one review to approval of the\nnext—\nCost of infrastructure items where the costs\nare to be shared across the entire Development\nContribution Area 8 as detailed in the\nInfrastructure Cost Schedule (A) + (plus)\nAdministrative Costs (B) minus contributions\ncollected (C) / (divide) total Developable Area\nremaining (m2) for Development Contribution\nArea 8 (D).\nA + B—C / D = E\n4.4.2.2 Cost Contribution Due\nThe Cost Contribution due by owners shall be based\non the Developable Area of an owners land parcel\nand calculated as follows—\ni. Cost Contribution due by owners that is\napplicable to all Developable Area within\nDevelopment Contribution Area 8—\nii. Developable Area (m2) of an owners land\nparcel x (multiply) Infrastructure items per\nSquare Metre Rate.\n4.4.3 Valuations\nThe provisions of Clauses 5A.9.2 to 5A.9.6 of the scheme do\nnot apply to Development Contribution Plan 8. The following\nvariations apply to the acquisition of land for Infrastructure\nWorks, calculation of costs and valuation of land within\nDevelopment Contribution Area 8.\n4.4.4 Compulsory Acquisition\nWhere land has been compulsorily acquired and a lawful\nclaim for compensation has been served on the Council, the\nCouncil may claim compensation for betterment under\nSection 184 of the Planning and Development Act 2005 and\nthe value attributed to the betterment of the land the subject\nof the claim shall be set off against any compensation\notherwise payable to the claimant under the Land\nAdministration Act 1997 or any re-enactment of its\nprovisions related to compulsory acquisition and\ncompensation.\n4.4.5 Assessed Value\n(a) The Council may at any time ascertain the value of any\nland in Development Contribution Plan 8 for the purpose\nof estimating Infrastructure costs, payments and cost\ncontributions.\n(b) If it is necessary, for any purpose to ascertain the value\nof any land, such value should be determined by two\nlicensed valuers appointed from time to time by the local\n\n4 March 2022 GOVERNMENT GAZETTE, WA 483\ngovernment herein referred to as “the Valuation Panel”.\nThe members of the Valuation Panel may confer as to\nvalue, and if they are unable to arrive at a consensus\nvalue, they shall confer with the Chief Executive Officer\nof the local government (“CEO”) or the officer to whom\nthe CEO delegates that function from time to time. If the\nvaluers with the officer cannot arrive at a consensus\nvalue then the officer shall select a value which\nrepresents the median value between the two values\nnominated by the valuers on the Valuation Panel and\nwill be advertised under the next following paragraph (c)\n(“the Assessed Value”).\nThe Valuation Panel may determine more than one\nAssessed Value in the Development Contribution Plan\narea, where the local government or the Panel identifies\nthat there are significant differences in land values\nwithin Development Contribution Area 8.\n(c) As soon as possible after the Assessed Value or Assessed\nValues have been ascertained it should be advertised for\na period of not less than 28 days to allow for submissions\nto be made in regard to the proposed Assessed Value or\nAssessed Values. Assessed Values may be advertised\nconcurrently as part of a Development Contribution Plan\n8 review carried out in accordance with Clause 4.8.1 of\nDevelopment Contribution Plan 8.\nAn owner who lodges an objection under this clause shall\nsubmit with the objection supporting evidence from a\nsuitably qualified person in the specific field being\nobjected to.\n(d) The local government shall as soon as possible consider\nall submissions made on an Assessed Value and may\nrefer any submission to the Valuation Panel for\ncomment, but where a submission is accompanied by\nexpert valuation advice based on the valuation principles\ncontained in Development Contribution Plan 8. It should\nbe referred by the local government to the Valuation\nPanel for comment.\nHaving considered the submissions and any comment\nfrom the Valuation Panel, the local government shall fix\nupon the Assessed Value or Assessed Values to be\napplied under Development Contribution Plan 8 and\nInfrastructure Cost Schedule until the next Assessed\nValue or Assessed Values has been determined.\n(e) It is intended that any Assessed Value or Assessed\nValues should apply for no more than 13 months but\nwhile an Assessed Value remains current it shall stand\nas the value of land within Development Contribution\nPlan 8 and Infrastructure Cost Schedule for all purposes\nunder Development Contribution Plan 8 and Part 5A of\nthe scheme and the Infrastructure Cost Schedule.\n(f) Where land is ceded or acquired for a Infrastructure\nWork, otherwise than by compulsory taking, for the\npurpose of determining the amount to be paid to the\nowner from whom the land is acquired, the value of the\nland shall be calculated according to the same Assessed\nValue as was applied to the Cost Contribution paid or\npayable by that owner on the clearance by the local\ngovernment of the subdivision of land in the same\ndeposited plan as contains the land acquired.\n4.4.6 Valuation Principles\nIn ascertaining the Assessed Value or Assessed Values under\nDevelopment Contribution Plan 8, all land shall be valued in\nits broad acre form as depicted on 1 January 2020 or other\ndate selected by the Local Government, ignoring any services\nor infrastructure provided in-accordance with the provisions\nof the relevant Local Structure Plan and applying the\nfollowing principles—\ni. regard is to be had to the land classifications and zonings\nexisting at the date of valuation;\nii. the date of valuation is to be the date on which the local\ngovernment nominates;\n\n484 GOVERNMENT GAZETTE, WA 4 March 2022\niii. ignoring any improvements or works on the land;\niv. the land should be valued without regard to the\nInfrastructure work and the purpose for which the land\nis acquired shall not be taken into consideration;\nv. in selecting relevant sales evidence, regard should be had\nfirst to values derived from land in the same area, and if\nthere is not adequate evidence, from nearby or similar\nland in the area, in priority to any other sales evidence;\nand\nvi. the method of valuation shall otherwise be in accordance\nwith normal fair market valuation principles.\n4.4.7 Variance and Solatium\n(a) When calculating or reviewing Contribution Costs and\nthe Infrastructure Cost Schedule, the local government\nwill have regard to the value of the land required for\nInfrastructure and include an amount of 10% over and\nabove the Assessed Value of such land, to ensure that the\nlocal government has or will receive sufficient funds in\nDevelopment Contribution Plan 8 account to acquire\nland for Infrastructure to meet its obligations for\nappropriate payment to such owners, and ensure the\nInfrastructure can be completed in a manner that\nminimises the need for external borrowing. The local\ngovernment may also apply a further amount above the\nAssessed Value to recognize any compulsory taking of\nland, compensations and/or acquisition of structures.\n(b) Where land is acquired in the circumstances\ncontemplated in subclause 4.4.5 (f) of Development\nContribution Plan 8, the Council shall pay to the owner\nan additional amount not more than 10% of the amount\ncalculated under that Clause.\n4.4.8 Acquisition Prior to Gazettal\nWhere land required for Infrastructure is ceded to the Crown\nor acquired by the local government prior to the Minister\ngranting final approval and publication of the Development\nContribution Plan 8. Amendment in the Government Gazette,\nthe appointment of the Valuation Panel by the local\ngovernment under of Development Contribution Plan·8 or\nadoption of the Infrastructure Cost Schedule by the Council.\nthe land shall be value in accordance with the clauses 4.4.3\nto 4.4.7 of Development Contribution Plan 8 by the\nValusation Panel and the date of valuation shall be the date\nland for the Infrastructure Work is acquired by the local\ngovernment or the local government issues its clearance to\nthe deposited plan that contains the Infrastructure land,\nwhichever is the earlier.\n4.4.9 Provision of Land for Infrastructure Works\nWhere the Infrastructure Cost Schedule includes a land\ncomponent for a Infrastructure on the relevant lot for which\na Cost Contribution is due, an Owner shall cede to the Crown\nor transfer to the local government the required\nInfrastructure land at the first stage of subdivision and/or\ndevelopment for that particular landholding or by prior\nagreement at an alternative date agreed by the local\ngovernment. The value of the land will be determined in\naccordance with Development Contribution Plan 8 and\nOwners will be paid once the land is ceded to the Crown or\ntransferred to the local government and is already included\nin Development Contribution Plan 8 and sufficient funds\nhave been collected in the Development Contribution Plan 8\naccount and / or having regard to the timing and priority of\ninfrastructure works.\n4.5 Period of Operation\n4.5.1\nDevelopment Contribution Plan 8 is proposed to operatefor a\nperiod of l2 years from the date of gazettal of the town\nplanning scheme amendment that introduces Development\nContribution Plan 8 into the Scheme, by which time\ndevelopment within Development Contribution Area is\nexpected to be largely complete. The proposed timeframe\n\n4 March 2022 GOVERNMENT GAZETTE, WA 485\naims to account for uncertainty regarding the staging and\ncompletion of development across the entire area.\nThe City may in the future consider extending the period of\noperation , through an amendment to the Scheme, in the\nevent that growth does not occur as rapidly as expected, or if\nnew growth areas occur. The City may also terminate the\nDevelopment Contribution Plan 8 earlier, through an\namendment to the Scheme, if growth occurs quicker than\nexpected and all contributions have been settled.\nAll land within the Development Contribution Area is subject\nto the requirements of the Development Contribution Plan 8\nuntil the plan expires or revoked.\n4.6 Excess in Contributions\n4.6.1\nClause 5A.8.2 of the scheme does not apply to Development\nContribution Plan 8. If there is an excess in the total of Cost\nContributions when all Cost Contributions have been made\nor accounted for in the Development Contribution Area, the\nlocal government is to refund the excess funds to the\ncontributing owners or use all or some of the excess funds for\nimprovements to infrastructure included in Development\nContribution Plan 8 and subject to agreement from the\nmajority of the contributing Owners.\nIf, however, it is not reasonably practicable to identify\nOwners and their entitled amount of refund and consult with\nOwners, any excess in funds shall be applied to the provision\nof additional improvements to Infrastructure included in\nDevelopment Contribution Plan 8.\nThe local government should make information publically\navailable regarding any spend of excess funds.\n4.7 Timing and priority\n4.7.1\nThe Local Government will use its best endeavours to provide\nInfrastructure, including the acquistion of land for\ninfrastructure, as soon as possible taking into considering\nthe Local Government’s Corporate Business Plan, the rate of\ndevelopment in Development Contribution Area 8 and funds\ncollected in Development Contribution Plan 8.\n4.8 Review\n4.8.1 Review\nDevelopment Contribution Plan 8 will be reviewed at least\nevery 5 years from the date of gazettal or when considered\nappropriate having regard to the rate of development in the\narea since the last review and the degree of development\npotential still existing.\nThe estimated Infrastructure Costs, Assessed Values and\nInfrastructure Cost Schedule will be reviewed and updated\nat least annually. The Review will reflect changes in material\nprices, design costs, design requirements, specifications,\nlabour requirements, Assessed Values and other expenditure\nassociated with Development Contribution Plan 8 and actual\nand forecast future development patterns in the area. In\nsome instances the costs will be indexed based on the Local\nGovernment Cost Index (LGCI) or another appropriate index\nand they may be reviewed and certified by a suitably\nqualified person. The local government’s priority and timing\nfor infrastructure will also be reviewed at least annually.\nReviews of Development Contribution Plan 8 or\nInfrastructure Cost Schedule, including Assessed Values\nshall be undertaken in accordance with the provisions\ncontained within the Development Contribution Plan 8\nReport and applicable Local Government Local Planning\nPolicy. In the absence of an applicable Local Government\nLocal Planning Policy the provisions contained in the\nDevelopment Contributions Plan 8 Report shall solely apply.\nR BUTTERFIELD, Mayor.\nJ ABBISS, Chief Executive Officer.\n\n486 GOVERNMENT GAZETTE, WA 4 March 2022\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 H Cook MLA to act temporarily in the office of Premier; Treasurer; Minister for Public Sector\nManagement; Federal-State Relations in the absence of the Hon M McGowan MLA for the period\n4 March 2022.\nE. ROPER, Director General, Department of the Premier and Cabinet.\nTRANSPORT\nTN401\nROAD TRAFFIC (AUTHORISATION TO DRIVE) REGULATIONS 2014\nEXEMPTION FROM FEE FOR TAKING OR RESITTING THEORY TEST\n(RTADR–2022–204977)\nPursuant to regulation 76(2) of the Road Traffic (Authorisation to Drive) Regulations 2014 (the\nRegulations), I, Peter Woronzow, Chief Executive Officer of the Department of Transport, hereby\nspecify that the persons and bodies listed below are persons and bodies for the purpose of subregulation\n(1) of that regulation.\nRegulation 76 provides that a person is not required to pay the fee set out in Schedule 9 items 1 and 2\nof the Regulations, to take or resit a theory test if the person or body administering the test is specified\nin a notice published under subregulation (2).\nOrganisation Name Address\nMarra Worra Worra Aboriginal Corporation\n(ABN: 97272775547)\nLot 158 Great Northern Highway, Fitzroy\nCrossing, WA 6765\nBloodwood Tree Association Inc\n(ABN: 93975267470)\n19 Hamilton Road, South Hedland, WA 6722\nFortescue Metals Group Ltd\n(ABN: 57002594872)\nLevel 2, 87 Adelaide Terrace, East Perth, WA\n6004\nMowanjum Aboriginal Corporation\n(ABN: 38721336893)\n1/Lot 85 Gibb River Road, Derby WA 6728\nNgarliyarndu Bindirri Aboriginal Corporation\n(ABN: 67026946941)\n46 Roe Street, Roebourne, WA 6718\nWunan Foundation\n(ABN: 61577218799)\n76 Coolibah Drive, Kununurra, WA 6743\nThis Notice revokes and replaces the notice identified as RTADR-2021-204455, published in the\nGovernment Gazette on 1 June 2021.\nDated 25 February 2022.\nPETER WORONZOW, Director General, Department of Transport.\n\n4 March 2022 GOVERNMENT GAZETTE, WA 487\nPUBLIC NOTICES\nZZ401\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nJames William Black late of Lot 3 Railway Road, Boyanup, Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on 20 November 2018, are required by the Administrator,\nKathleen Shannon Black, care of P. A. Martino, PO Box 564, West Perth, WA, 6872 (Tel: (08) 9481\n2777) to send particulars of their claim by Monday 4 April 2022, after which date the Administrator\nmay convey or distribute the assets, having regard only to the claims of which she then has notice.\n———————————\nZZ402\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nDerek Charles Bunn late of 394 Redmond-Hay River Road, Redmond, Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on 14 November 2021, are required by the trustee of the\nlate Derek Charles Bunn of care of Philip Wyatt Lawyers, PO Box 1026, Albany, Western Australia\n6331 to send particulars of their claims to them within one (1) month from the date of publication of\nthis notice, after which date the trustee may convey or distribute the assets, having regard only to the\nclaims of which it then has notice.\nDated this 28th day of February 2022.\nPHILIP WYATT LAWYERS.\n———————————\nZZ403\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nLeslie Herman Wright, late of Unit 1/ 502 Bussell Highway, Broadwater 6280 in the State of Western\nAustralia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on October 21 2021, in Sir Charles Gairdner Hospital,\nNedlands, Western Australia, are required by the trustee Ms Kirstine Forestier care of Sou’ West Legal\nServices, of PO Box 1744, Busselton, Western Australia, to send particulars of their claims to her by\nApril 22nd 2022, after which date the trustee may convey or distribute the assets, having regard only\nto the claims of which she then has notice.\n———————————\nZZ404\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the matter of the Estate of Sylvia Yvonne Vandenberg late of Unit 25 MyVista Village, 11 Nugent\nStreet, Balcatta in Western Australia, Control Operator, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on 21 December 2021, are required by the Executors of\ncare of Fort Knox Legal, P.O. Box 390, West Perth, WA 6872, to send the particulars of their claims to\nFort Knox Legal by one month from the publication of this notice after which date the Personal\nRepresentatives may convey or distribute the assets, having regard only to the claims of which they\nthen have notice.\n———————————\n\n488 GOVERNMENT GAZETTE, WA 4 March 2022\nZZ405\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the matter of the Estate of Freda Elizabeth Beardall, Widow, late of U19/301 Morrison Road, Swan\nView, Western Australia 6056, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect to the deceased who died August 18th 2021 are required by the Administrator Sharon Gamble\nto forward details of their claim to ‘Administrator’, 510 McKnoe Drive Morangup WA 6083 within 1(one)\nmonth of publication of this notice after which date the Administrator may convey or distribute the\nassets having regard only to those claim of which they have notice.\n———————————\nZZ406\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nAlison Jane Eve Jackson (in the will Alison Jane Eve Jackson-Leist), late of 412/2 Tiger Way, Claremont\nWA 6010, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 (WA) relates)\nin respect of the estate of the deceased, who died on 25 May 2021, are required by the personal\nrepresentative, Judith Louise Joukador of care of Ilberys Lawyers, GPO Box B51, Perth WA 6838 to\nsend particulars of their claims to her by no later than 5 April 2022, after which date the personal\nrepresentative may convey or distribute the assets, having regard only to the claims of which she then\nhas notice.\n———————————\nZZ407\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nHilda James (also commonly known as Terri James) late of Howard Solomon Aged Care Facility,\nHybanthus Road, Ferndale in the State of Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the Estate of the Deceased who died on 7 February 2020, are required by the Trustee,\nNicholas Mark James of 16 Bursaria Crescent, Ferndale in the State of Western Australia, to send\nparticulars of their claims to him within one (1) month of the date of this notice, after which date the\nTrustee may convey or distribute the assets, having regard only to the claims which he then has notice.\n———————————\nZZ408\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nDorothy Isabel Millar, late of Joseph Cooke House, 2 Houtmans Street, Shelley in the State of Western\nAustralia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the Estate of the Deceased who died on 2 November 2021, are required by the Trustee, David\nMorgan Lewis of Lewis Kitson Lawyers, Level 1, 43 Kishorn Road, Applecross in the State of Western\nAustralia, to send particulars of their claims to him within one (1) month of the date of this notice, after\nwhich date the Trustee may convey or distribute the assets, having regard only to the claims which he\nthen has notice.\n———————————\n\n4 March 2022 GOVERNMENT GAZETTE, WA 489\nZZ409\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nJane Blair Marshall Cattan, late of 31 Barnes Avenue, Australind, Western Australia, 6233, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased, who died 29th August 2021, are required by the Administrator\nVivian W McAvaney, of 40C Leeds Street, Dianella, Western Australia, 6059 to send particulars of their\nclaims by the date one month from the publication date after which date the administrator may convey\nor distribute the assets having regard only to the claims of which she then has notice.\n———————————\nZZ410\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nCreditors and other persons having claims (to which Section 63 of the Trustees 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 4 April 2022 after which date I may convey or distribute the assets, having\nregard only to the claims of which I then have notice.\nBlackley, Mary Jane, late of 17 Crestview Crescent, Kalamunda, who died on 15 August 2021\n(DE19963136 EM38).\nBrandis, Eruthia Mary, late of Hale House, Unit 103, 31 Waverley Road, Coolbellup, who died on\n12 January 2022 (DE19991795 EM18).\nEvans, Norma Caroline, late of Acacia Menora Gardens, 51 Alexander Drive, Menora, who died on\n7 February 2022 (DE33031363 EM13).\nFitzpatrick, Nancy, late of Brightwater South Lake Aged Care, 62 Bloodwood Circle, South Lake, who\ndied on 1 October 2015 (PM19741136 EM214).\nGoldsmith, Tracey Anne (also known as Tracey Anne Prout), late of Unit 1, 1 Mornington Boulevard,\nWaikiki, who died on 4 October 2020 (DE19932255 EM18).\nJohansen, Betty, late of 26 Grigg Place, Hilton, who died on 19 January 2022 (PM33162726 EM27).\nLynch, Peter, late of 16 Pola Street, Dianella, who died on 15 August 2021 (DE19611551 EM18).\nProperjohn, Glenn Maxwell, formerly of 1/81 Thelma Street, Como, late of Agmaroy Nursing Home, 115\nLeach Highway, Wilson, who died on 15 November 2021 (DE33149020 EM23).\nRasmussen, Else, formerly of 84 Eddystone Avenue, Craigie, late of MercyCare Joondalup, 21 Aldwych\nWay, Joondalup, who died on 10 January 2022 (DE19954317 EM17).\nSteenson, Laota Coralie, formerly of 55A Hillsborough Drive, Nollamara, late of Brightwater Redcliffe,\n23 Johnson Road, Redcliffe, who died on 6 July 2021 (DE33035168 EM36).\nWilson, Barry Francis, late of Bethanie Peel Aged Care Home, 2 Maclaggan Turn, Coodanup, who died\non 8 January 2022 (DE19892239 EM18).\nYoung, Margaret, formerly of 1/15 Torbay Mews, Warnbro, late of Aegis Shoalwater, 72 Fourth Avenue,\nShoalwater, who died on 24 January 2022 (DE19851482 EM16).\nBRIAN ROCHE, Public Trustee,\n553 Hay Street, Perth WA 6000.\nTelephone: 1300 746 212.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a replacement local law that maintains the same general scope as its 2016 predecessor—regulating fencing within the City of Wanneroo. While it updates specific standards (such as materials allowed for front fences and height requirements), it does not represent a significant expansion beyond the original purpose of controlling fence construction, safety, and maintenance within the local government area."},"complexity_factors":["Multiple schedules (4) with specific technical requirements for different property zones (residential, commercial/industrial, rural)","Cross-references to other legislation including the Local Government Act 1995, Dividing Fences Act 1961, Building Act 2011, and various Australian Standards (AS/NZS)","Conditional logic with exceptions: e.g., barbed wire rules vary by zone (residential vs industrial vs rural) and height requirements change based on whether a fence is 'open' or solid","Hierarchy of laws clause (section 1.5) establishing that planning schemes prevail over this local law in case of inconsistency","Transitional provisions preserving permits from the repealed 2016 law","20 defined terms in the interpretation section including technical distinctions like 'open fence', 'sufficient fence', and 'uniform fence'"],"plain_english_summary":"This City of Wanneroo local law sets mandatory standards for private-property fences—who can build/repair them, acceptable heights and materials by residential, commercial/industrial, and rural lots, and rules for front fences, dividing fences, sightlines, and gates. It bans dangerous materials and restricts barbed/razor and electrified fencing in many zones, aiming to protect safety, traffic visibility, and streetscape amenity. Non‑compliance can attract fines and daily penalties."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-wanneroo-fencing-local-law-2022","history":"/api/acts/city-of-wanneroo-fencing-local-law-2022/history","analysis":"/api/acts/city-of-wanneroo-fencing-local-law-2022/analysis","conflicts":"/api/acts/city-of-wanneroo-fencing-local-law-2022/conflicts","importantCases":"/api/acts/city-of-wanneroo-fencing-local-law-2022/important-cases","documents":"/api/acts/city-of-wanneroo-fencing-local-law-2022/documents"}}