{"id":"wa-local:mandurah-city-of-bush-fire-brigades-amendment-local-law-2018","name":"Bush Fire Brigades Amendment Local Law 2018","slug":"mandurah-city-of-bush-fire-brigades-amendment-local-law-2018","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441736,"registerId":"wa-local:mandurah-city-of-bush-fire-brigades-amendment-local-law-2018-1775956963863","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Bush Fire Brigades Amendment Local Law 2018","content":"!2019017GG!\n263\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, TUESDAY, 12 FEBRUARY 2019 No. 17\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nCONTENTS\nPART 1\nPage\nCity of Mandurah Bush Fires Brigades Amendment Local Law 2018 .................................... 269\nJustice Regulations Amendment (Road Passenger Services) Regulations 2019..................... 265\nShire of Bridgetown-Greenbushes Cats Local Law 2019 ......................................................... 266\nTaxation Administration Amendment Regulations 2019 ........................................................ 271\n———\nPART 2\nConsumer Protection ................................................................................................................. 273\nDeceased Estates ....................................................................................................................... 278\nJustice......................................................................................................................................... 273\nLocal Government ...................................................................................................................... 275\nMinerals and Petroleum ............................................................................................................ 276\nPlanning ..................................................................................................................................... 276\nPremier and Cabinet.................................................................................................................. 278\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,\nState Law Publisher, 10 William St, Perth 6000.\nPUBLISHING DETAILS\nThe Western Australian Government Gazette is published by State Law Publisher 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 Publication Officer, State Law Publisher no later than 12 noon\non Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)—\nEmail address: Postal address:\nslp@dpc.wa.gov.au State Law Publisher\nLower Ground Floor,\n10 William St. Perth, 6000\nTelephone: 6552 6000\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. Failure to\nobserve this request could result in the notice being held over.\nAfter lodging any notices, confirmation is not required by post or fax. If original copy is forwarded\nlater and published, the cost will be borne by the advertiser.\nADVERTISING RATES AND PAYMENTS\nEFFECTIVE FROM 1 JULY 2018 (Prices include GST)\nDeceased Estate notices (per estate)—$32.10\nArticles in Public Notices Section—$74.65 minimum charge (except items of an exceptionally\nlarge nature. In these instances arrangements will be made for pricing the notice at time of lodging).\nAll other Notices—\nPer Column Centimetre—$14.85\nBulk Notices—$272.55 per page\nElectronic copies of gazette notices sent to clients for lodgement with the Delegated Legislation\nCommittee—$49.10\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\n12 February 2019 GOVERNMENT GAZETTE, WA 265\n— PART 1 —\nJUSTICE\nJU301\nCriminal Procedure Act 2004\nFines, Penalties and Infringement Notices Enforcement Act 1994\nJustice Regulations Amendment (Road\nPassenger Services) Regulations 2019\nMade by the Governor in Executive Council.\nPart 1 — Preliminary\n1. Citation\nThese regulations are the Justice Regulations Amendment (Road\nPassenger Services) Regulations 2019.\n2. Commencement\nThese regulations come into operation as follows —\n(a) Part 1 — on the day on which these regulations are\npublished in the Gazette;\n(b) the rest of the regulations — on the day after that day.\nPart 2 — Criminal Procedure Regulations 2005\namended\n3. Regulations amended\nThis Part amends the Criminal Procedure Regulations 2005.\n4. Schedule 1A amended\nIn Schedule 1A insert in alphabetical order:\nTransport (Road Passenger Services) Act 2018\n\n266 GOVERNMENT GAZETTE, WA 12 February 2019\nPart 3 — Fines, Penalties and Infringement Notices\nEnforcement Regulations 1994 amended\n5. Regulations amended\nThis Part amends the Fines, Penalties and Infringement Notices\nEnforcement Regulations 1994.\n6. Schedule 1 amended\nIn Schedule 1 insert in alphabetical order:\nTransport (Road Passenger Services) Act 2018\nR. NEILSON, Clerk of the Executive Council.\nLOCAL GOVERNMENT\nLG301\nCAT ACT 2011\nLOCAL GOVERNMENT ACT 1995\nShire of Bridgetown-Greenbushes\nCATS LOCAL LAW 2019\nUnder the powers conferred by the Cat Act 2011, the Local Government Act 1995 and\nall other powers enabling it, the Council of the Shire of Bridgetown-Greenbushes\nresolved on 31 January 2019 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Title\nThis is the Shire of Bridgetown-Greenbushes Cats Local Law 2019.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the\nGovernment Gazette.\n1.3 Repeal\nThe Shire of Bridgetown-Greenbushes Keeping and Welfare of Cats Local Law 2010\nas published in the Government Gazette on 11 November 2010 and as amended in\nthe Government Gazette on 5 August 2011 is repealed.\n1.4 Terms used\n(1) In this local law, unless the context otherwise requires—\nAct means the Cat Act 2011;\napplicant means a person who applies for an approval;\napplication means an application for an approval;\napproval means approval under regulation 9 of the Cat (Uniform Local\nProvisions) Regulations 2013 and Part 2 of this local law;\napproved person means the person to whom an approval is granted;\nauthorised person means a person appointed by the local government to\nperform the functions conferred on an authorised person under this local\nlaw;\ncat has the meaning given to it in the Act;\nCEO means the Chief Executive Officer of the local government;\ndistrict means the district of the local government;\nlocal government means the Shire of Bridgetown-Greenbushes;\nlocal planning scheme means a local planning scheme made by the local\ngovernment under the Planning and Development Act 2005;\n\n12 February 2019 GOVERNMENT GAZETTE, WA 267\nnuisance means where the behaviour of a cat—\n(a) results in an activity or condition which is harmful or annoying and\nwhich gives rise to legal liability in the tort of public or private nuisance\nat law;\n(b) causes an unreasonable interference with the use and enjoyment of a\nperson of his or her ownership or occupation of land; or\n(c) causes interference which results in material damage to land or other\nproperty on the land affected by the interference.\nowner has the meaning given to it in the Act;\npremises has the meaning given to it in the Act; and\nveterinarian has the meaning given to it in the Act.\n(2) A term that is used in this local law and is not defined in subclause (1) has the\nsame meaning given to it in the Act or, if not defined in the Act, the same meaning\ngiven to it in the Cat Regulations 2012, the Cat (Uniform Local Provisions)\nRegulations 2013 or the Local Government Act 1995.\n1.5 Application\nThis local law applies throughout the district.\nPART 2—NUMBER OF CATS THAT MAY BE KEPT\n2.1 Interpretation\nFor the purposes of applying this Part, a cat does not include a cat less than\n6 months old.\n2.2 Prescribed premises\nFor the purposes of the definition of prescribed premises in regulation 4(1) of the\nCat (Uniform Local Provisions) Regulations 2013, this local law limits the number of\ncats that may be kept at any premises within the district except—\n(a) a cat management facility operated by a body prescribed as a cat\nmanagement facility operator under the Cat Regulations 2012;\n(b) a cat management facility operated by the local government;\n(c) a veterinary clinic or veterinary hospital as defined under section 2 of the\nVeterinary Surgeons Act 1960, but only in relation to cats kept on those\npremises for treatment; or\n(d) a commercial cat boarding facility which is subject of a valid planning\napproval granted under a local planning scheme.\n2.3 Standard number of cats\nFor the purposes of the definition of standard number of cats in regulation 4(1) of\nthe Cat (Uniform Local Provisions) Regulations 2013, no more than 3 cats may be\nkept on premises at which a member of a cat organisation is not ordinarily resident.\n2.4 Application for approval\n(1) An application for approval to keep an additional number of cats at prescribed\npremises is dealt with in regulation 8 of the Cat (Uniform Local Provisions)\nRegulations 2013.\n(2) An application for approval must be accompanied by the application fee\ndetermined by the local government in accordance with section 6.16 to 6.19 of the\nAct.\n2.5 Determining an application\n(1) For the purpose of determining whether to grant approval for an application to\nkeep an additional number of cats (more than the standard number of cats) at\nprescribed premises, the local government may have regard to—\n(a) the zoning of the land under the local planning scheme;\n(b) the physical suitability of the premises for the proposed use;\n(c) the environmental sensitivity and general nature of the location\nsurrounding the premises for the proposed use;\n(d) the structural suitability of any enclosure in which any cat is to be kept;\n(e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to an\noccupier of adjoining land;\n(f) the likely effect on the amenity of the surrounding area of the proposed use;\n(g) the likely effect on the local environment including any pollution or other\nenvironmental damage, which may be caused by the proposed use; and\n(h) any other factors which the local government considers to be relevant in the\ncircumstances of the application.\n(2) An approval is to be in the form determined by the CEO and is to be issued to the\napproved person.\n\n268 GOVERNMENT GAZETTE, WA 12 February 2019\n2.6 Conditions\n(1) For the purpose of ensuring that the premises to which an application relates are\nsuitable for the additional number of cats, the local government may impose any\ncondition that it considers to be reasonably necessary for that purpose, including—\n(a) that the premises must be adequately fenced (and premises will be taken not\nto be adequately fenced if there is more than one escape of a cat from the\npremises);\n(b) that there must be adequate space for the exercise of the cats;\n(c) that, in the case of multiple dwellings where there is no suitable dividing\nfence, each current occupier of the adjoining multiple dwellings must give\ntheir written consent to the approval; and\n(d) that, without the consent of the local government, the approved person must\nnot substitute or replace any cat that dies or is permanently removed from\nthe premises.\n(2) An approved person who does not comply with a condition of the approval,\ncommits an offence.\nPenalty: a fine of $5,000.\n2.7 Renewal of an application\n(1) An application is to be renewed if—\n(a) the approved person has not breached the conditions of the approval;\n(b) the approval would have been granted if a fresh application for approval had\nbeen made; and\n(c) the renewal fee, imposed and determined by the local government under\nsections 6.16 to 6.19 of the Local Government Act 1995, is paid to the local\ngovernment before the expiry of the approval.\n(2) On the renewal of an approval, the conditions of the approval that applied\nimmediately before the renewal continue to have effect.\n2.8 Transfer of an approval\n(1) An approval relates only to the premises specified in the approval, and only to the\napproved person specified in the approval, and is transferrable only in accordance\nwith this clause.\n(2) An application for the transfer of an approval from the approved person to\nanother person must be—\n(a) made in the form determined by the CEO;\n(b) made by the proposed transferee;\n(c) made with the consent of the approved person; and\n(d) lodged with the local government together with the fee for the application for\nthe transfer of an approval that is imposed and determined by the local\ngovernment under sections 6.16 to 6.19 of the Local Government Act 1995.\n(3) The local government is not to determine an application for the transfer of an\napproval until the proposed transferee has complied with subclause (2).\n(4) The local government may grant, or refuse to grant an application for the\ntransfer of an approval, and any approval will be subject to such conditions as the\nlocal government may impose under Regulation 9(3) of the Cat (Uniform Local\nProvisions) Regulations 2013.\n(5) Where the local government grants an application for the transfer of an\napproval—\n(a) it is to issue to the transferee an approval in the form determined by the\nCEO; and\n(b) on the date of approval, unless otherwise specified in the approval, the\ntransferee becomes the approved person for the purposes of this local law.\n2.9 Variation or cancellation of an approval\n(1) The local government may, at any time, vary the conditions of an approval by\ngiving written notice to the permit holder and specifying the date on which the\nchanges will become effective.\n(2) The local government may cancel an approval—\n(a) on the request of the approved person;\n(b) if the approved person breaches the Act, the Cat Regulations 2012, the Cat\n(Uniform Local Provisions) Regulations 2013 or this local law; or\n(c) if the approved person is not a fit and proper person to provide for the health\nand welfare of the cats.\n(3) If an approval is cancelled, the fee paid for the approval is not refundable for the\nterm of the approval that has not yet expired.\n\n12 February 2019 GOVERNMENT GAZETTE, WA 269\n2.10 Objection and review rights\nA decision of the local government made under clauses 2.7, 2.8 or 2.9 is a decision to\nwhich Division 1, Part 9 of the Local Government Act 1995 applies.\nPART 3—ENFORCEMENT\n3.1 Infringement notices\n(1) An offence against clause 2.6(2) is a prescribed offence for the purposes of\nsection 62(1) of the Act and the modified penalty for the offence is a fine of $200.\n(2) The form of an infringement notice is Form 6 in the Cat Regulations 2012,\nSchedule 1.\n(3) The form of withdrawal of the infringement notice is Form 7 in the Cat\nRegulations 2012, Schedule 1.\n3.2 Objection: prescribed form\nThe form of an objection under clause 2.10 is Form 8 in the Cat Regulations 2012,\nSchedule 1.\n————\nDated: 31 January 2019.\nThe Common Seal of the Shire of Bridgetown-Greenbushes was affixed by authority\nof a resolution of the Council in the presence of—\nCr ANTONINO PRATICO, Shire President.\nTIM CLYNCH, Chief Executive Officer.\n———————————\nLG302\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nCity of Mandurah\nBUSH FIRES BRIGADES AMENDMENT LOCAL LAW 2018\nUnder the powers conferred by the Bush Fires Act 1954, the Local Government\nAct 1995 and under all other powers enabling it, the Council of the City of Mandurah\nresolved on 29 January 2019 to make the following local law.\n1. Citation\nThis local law may be cited as the City of Mandurah Bush Fires Brigades\nAmendment Local Law 2018.\n2. Commencement\nThis local law comes into operation 14 days following the date of its publication in\nthe Government Gazette.\n3. Principal local law amended\nThis local law amends the City of Mandurah Bush Fires Brigades Local Law 2010 as\npublished in Government Gazette No. 43 of 22 March 2011.\n4. Clause 1.2 amended\nIn clause 1.2—\n(a) Delete the definition for “Authority”;\n(b) Insert the following definition in alphabetical order—\n“Department means the Department of Fire and Emergency Services of\nWestern Australia;”; and\n(c) In the definition for “Bush Fire Operating Procedures” delete\n“Authority” and replace with “Department”.\n5. Clause 3.10 amended\nIn clause 3.10 (2)—\n(a) Delete subclause 3.10 (2) (c); and\n(b) Following subclause 3.10 (2) (b) insert—\n“following their receipt under subclause (1)”\non a new line so that it applies to (a) and (b).\n6. Clause 4.4 amended\nIn subclause 4.4(f) delete “Authority’s” and replace with “Department’s”.\n\n270 GOVERNMENT GAZETTE, WA 12 February 2019\n7. Clause 4.5 amended\nIn clause 4.5 delete subclause (2).\n8. Clause 6.3 amended\nIn subclause 6.3—\n(a) Delete “first week in December” and replace with “31 March”; and\n(b) Delete “Authority” and replace with “Department”.\n9. Schedule 1, Part 2 amended\nIn Schedule 1, Part 2—\n(a) Delete clause 2.4;\n(b) After clause 2.3 insert—\n2.4 Applications for membership\nAn application for membership is to be in writing and is to be submitted\nto the Secretary in the form approved by the Brigade.;\n(c) In subclause 2.6 delete each reference to “Authority” and replace with\n“Department”;\n(d) In subclause 2.11 (c) delete “has the right of objection to the local\ngovernment which may dispose of the objection by—\n(i) dismissing the objection;\n(ii) varying the decision objected to; or\n(iii) revoking the decision objected to, with or without—\n(A) substituting for it another decision; or\n(B) referring the matter, with or without directions, for another\ndecision by the Committee.”; and\n(e) Following subclause 2.11 (c) insert—\n“has the right of objection to the local government which may dispose of\nthe objection by—\n(i) dismissing the objection;\n(ii) varying the decision objected to; or\n(iii) revoking the decision objected to, with or without—\n(A) substituting for it another decision; or\n(B) referring the matter, with or without directions, for\nanother decision by the Committee.”\non a new line so that it applies to (a), (b) and (c).\n10. Schedule 1, Part 3 amended\nIn Schedule 1, Part 3—\n(a) In clause 3.3 delete subclauses 3.3 (l) and (m);\n(b) In clause 3.3 insert—\n(c) (l) ensure that an incident report is compiled and submitted, in the format\nagreed by the Department and local government, within 14 days following\nattendance at an incident by the Bush Fire Brigade.; In subclause 3.3 (k)\nfollowing “equipment;” insert “and”;\n(d) Delete clauses 3.5, 3.6, 3.7, 3.8, 3.9, 3.10 and 3.11;\n(e) After clause 3.4 insert the following clause—\n“3.5 Equipment Officer\nThe Equipment Officer is responsible for the custody and maintenance\nof protective clothing, equipment and appliances of the bush fire\nbrigade.”\n11. Schedule 1, Part 4 amended\nIn Schedule 1, Part 4—\n(a) In subclause 4.1 (2) insert the following paragraph—\n(f) to invest or place on deposit any of the funds of the bush fire brigade\nnot immediately required to perform the normal brigade functions; ;\nand\n(b) Renumber the remaining subclauses accordingly.\n12. Schedule 1, Part 5 amended\nIn Schedule 1, Part 5—\n(a) In clause 5.3 (2) insert the following paragraph—\n“(d) appoint an Auditor for the ensuing financial year in accordance with\nclause 5.6;”;\n(b) Renumber the remaining paragraphs accordingly; and\n\n12 February 2019 GOVERNMENT GAZETTE, WA 271\n(c) After clause 5.5 insert the following subclause—\n“5.6 Auditor\n(1) At the annual general meeting a person, not being a brigade member,\nis to be appointed as the Auditor of the bush fire brigade for the ensuing\nfinancial year.\n(2) The Auditor is to audit the accounts of the bush fire brigade not less\nthan 7 days before the annual general meeting and is to certify to their\ncorrectness or otherwise and present a report at the annual general\nmeeting,”.\n13. Schedule 1, Part 6 amended\nIn Schedule 1, Part 6, clause 6.2 delete the words “50 percent of Committee\nmembers” and replace with “3 Brigade Officers”.\n14. Schedule 1, Part 7 amended\nIn Schedule 1, Part 7 delete subclause 7.1.\n15. Schedule 1, APPENDIX II amended\nIn Schedule 1 delete APPENDIX II.\n16. Schedule 1, APPENDIX III amended\nIn Schedule 1 delete APPENDIX III.\n17. Schedule 1, APPENDIX IV amended\nIn Schedule 1 delete APPENDIX IV.\n————\nDated: 7 February 2019.\nThe Common Seal of the City of Mandurah was affixed by authority of a resolution of\nthe Council in the presence of—\nRHYS JOHN WILLIAMS, Mayor.\nMARK ROBERT NEWMAN, Chief Executive Officer.\nTREASURY AND FINANCE\nTR301\nTaxation Administration Act 2003\nTaxation Administration Amendment\nRegulations 2019\nMade by the Governor in Executive Council.\n1. Citation\nThese regulations are the Taxation Administration Amendment\nRegulations 2019.\n2. Commencement\nThese regulations come into operation as follows —\n(a) regulations 1 and 2 — on the day on which these\nregulations are published in the Gazette;\n(b) the rest of the regulations — on the day after that day.\n\n272 GOVERNMENT GAZETTE, WA 12 February 2019\n3. Regulations amended\nThese regulations amend the Taxation Administration\nRegulations 2003.\n4. Regulation 13I inserted\nAfter regulation 13H insert:\n13I. Disclosure of information to administrative\nauthorities for the Rates and Charges (Rebates and\nDeferments) Act 1992 (s. 114(3)(g))\n(1) In this regulation —\nadministrative authority has the meaning given in the\nRates and Charges (Rebates and Deferments) Act 1992\nsection 3(1).\n(2) For the purposes of section 114(3)(g) of the Act, the\nCommissioner may, for a purpose related to the\nadministration of the Rates and Charges (Rebates and\nDeferments) Act 1992, disclose to an administrative\nauthority information or material about the affairs of a\nperson that was disclosed to or obtained by the\nCommissioner under the Land Tax Assessment\nAct 2002.\nR. NEILSON, Clerk of the Executive Council.\n———————————\n\n12 February 2019 GOVERNMENT GAZETTE, WA 273\n— PART 2 —\nCONSUMER PROTECTION\nCP401\nASSOCIATIONS INCORPORATION ACT 2015\nORDER TO CANCEL INCORPORATION\nShark Bay Sport and Recreation Association Incorporated—A1014297U\nOn 27 August 2018 the Commissioner for Consumer Protection (Commissioner) served a notice on\nShark Bay Sport and Recreation Association Incorporated—A1014297U (Association) pursuant to\nsection 145(1) of the Associations Incorporation Act 2015 (Act) informing it that if it did not show\ncause on or before 60 days after the day on which the notice was given (Allowed Period) the\nincorporation of the Association would be cancelled.\nThe Association did not show cause within the Allowed Period.\nOn 27 November 2018 the Commissioner gave notice in writing to the Association pursuant to\nsection 147(2) of the Act stating that the Commissioner proposed to make an order cancelling the\nincorporation of the Association after the expiration of 28 days from the day on which the notice was\ngiven and advising the Association that it could apply to the State Administrative Tribunal (SAT) for\na review of the Commissioner’s proposal within this period.\nThe Association did not apply to SAT for a review within the period specified.\nTherefore, pursuant to section 147(1) of the Act, the Commissioner orders that the incorporation of\nthe Association be cancelled with effect on and from the date of this order.\nLAILY YASSIN, Acting Manager Associations and Charities\nfor Commissioner for Consumer Protection.\nDated: 1 February 2019.\nJUSTICE\nJU401\nPROFESSIONAL STANDARDS ACT 1997\nAUSTRALIAN COMPUTER SOCIETY PROFESSIONAL STANDARDS SCHEME\nI, John Quigley MLA, Attorney General; Minister for Commerce, pursuant to section 26 of the\nProfessional Standards Act 1997 WA (the Act), authorise the publication of the Australian Computer\nSociety Professional Standards Scheme (the Scheme) submitted to me by the Professional Standards\nCouncil of New South Wales pursuant to the mutual recognition provisions of the New South Wales\nand Western Australian professional standards legislation. The Scheme is published with this\nauthorisation and commences on 1 January 2019. The Scheme remains in force for a period of 5 years\nfrom its commencement unless the Scheme is revoked, extended, or its operation ceases as specified\nin the Act.\nHon JOHN QUIGLEY MLA; Attorney General;\nMinister for Commerce.\nDated: 21 January 2019.\n————\nTHE AUSTRALIAN COMPUTER SOCIETY PROFESSIONAL STANDARDS SCHEME\nProfessional Standards Act 1994 (NSW)\nPREAMBLE\nA. The Australian Computer Society Inc (ACS) is an occupational association.\nB. The ACS has made an application to the Professional Standards Council, appointed under the\nProfessional Standards Act 1994 (NSW) (the Act), for the approval of a scheme under the Act as\nset out in this document.\nC. The scheme is prepared by the ACS for the purposes of limiting occupational liability to the\nextent to which such liability may be limited under the Act.\n\n274 GOVERNMENT GAZETTE, WA 12 February 2019\nD. The scheme propounded by the ACS is to apply to all Certified Professional Members of the ACS.\nE. The ACS has furnished the Council with a detailed list of the risk management strategies\nintended to be implemented in respect of its members and the means by which those strategies\nare intended to be implemented.\nF. The scheme is intended to commence in New South Wales on 1 January 2019 and remain in force\nfor five (5) years from its commencement unless, prior to that time, it is revoked, its operation\nceases, or it is extended pursuant to the applicable legislation of the relevant jurisdiction.\nG. Unless otherwise defined in this scheme, terms used in the scheme have the meaning given in the\nAct.\nH. The scheme is intended to apply in all states and territories of Australia.\nTHE AUSTRALIAN COMPUTER SOCIETY PROFESSIONAL STANDARDS SCHEME\n1 Occupational association\n1.1 The Australian Computer Society Professional Standards Scheme (the scheme) is a scheme under\nthe Act prepared by the Australian Computer Society Inc (ACS) whose national office address is\nTower One, International Towers, 100 Barangaroo Ave, Sydney, NSW, 2000.\n2 Persons to Whom the Scheme Applies\n2.1 The scheme will apply to ACS members who are Certified Professional Members. A Certified\nProfessional Member is defined as a member of ACS with a current ‘Certified Professional’\ncertification from ACS. A list of Members participating in the ACS Professional Standards Scheme\nwill be published on the ACS web site.\n2.2 A person referred to in clause 2.1 may, on application, be exempted from participation in the\nscheme by the ACS with effect from the date specified by the ACS.\n3 Jurisdiction\n3.1 The scheme applies in New South Wales in accordance with the Act.\n3.2 In addition to New South Wales, the scheme is intended to operate in the Australian Capital\nTerritory, the Northern Territory, Queensland, South Australia, Tasmania, Victoria, and Western\nAustralia, in accordance with the professional standards legislation of those states and territories.\n4 Limitation of liability\n4.1 This scheme only affects the liability for damages arising from a single cause of action to the\nextent to which the liability results in damages exceeding $2,000,000.\n4.2 This scheme limits the occupational liability in respect of a cause of action founded on an act or\nomission occurring during the period when the scheme was in force of any person to whom the scheme\napplied at the time the act or omission occurred.\n4.3 If a person, who was at the time of the act or omission giving rise to occupational liability, a\nperson to whom the scheme applied and against whom a proceeding relating to occupational liability\nis brought, is able to satisfy the court that such person has the benefit of an insurance policy—\n(a) of a kind which complies with the standards determined by the ACS;\n(b) insuring such person against that occupational liability; and\n(c) under which the amount payable in respect of that occupational liability is not\nless than the monetary ceiling specified in this scheme,\nthat person is not liable in damages in relation to that cause of action above the monetary ceiling\nspecified in this scheme.\n4.4 The monetary ceiling is $2.0 million.\n4.5 Clause 4.3 only affects liability for damages arising from a single cause of action to the extent to\nwhich the liability results in damages exceeding the amount of damages specified in clause 4.1.\n4.6 Notwithstanding anything to the contrary contained in this scheme if, in particular circumstances\ngiving rise to occupational liability, the liability of any person who is subject to this scheme is capped\nboth by this scheme and also by any other scheme under professional standards legislation (whether\nof this jurisdiction or under the corresponding law of any other Australian state or territory) and, if\nthe amount of such caps should differ, then the cap on the liability of such person arising from such\ncircumstances which is higher shall be the applicable cap.\n5 Discretionary authority\n5.1 This scheme confers on the ACS a discretionary authority to specify, on application by a person to\nwhom the scheme applies, in relation to that person, a higher maximum amount of liability not\nexceeding $10 million, in relation to that person either in all cases or in any specified case or class of\ncase.\n6 Duration\n6.1 This scheme will commence in New South Wales, the Northern Territory, Tasmania, Western\nAustralia, Victoria and Queensland on 1 January 2019.\n6.2 In the Australian Capital Territory and in South Australia, the scheme will commence—\n(a) on the date provided for in the Minister’s notice in relation to the scheme, if a date is\nprovided; or\n(b) on the first day two months after the day on which notice was given, in any other case.\n\n12 February 2019 GOVERNMENT GAZETTE, WA 275\n6.3 This scheme will be in force in New South Wales for five years from the date of commencement in\nthat jurisdiction.\n6.4 For any other jurisdiction, the scheme will be in force for—\n(a) 5 years from the date of commencement in that jurisdiction; or\n(b) 5 years from the date of commencement in New South Wales;\nwhichever period ends first.\n6.5 Clauses 6.3 and 6.4 are subject to the provisions of each jurisdiction applicable to the revocation,\nextension or cessation of schemes.\n———————————\nJU402\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—\nKelly Ann Finlay of Darch\nZoran Coseski of Marangaroo\nMICHAEL JOHNSON, A/Executive Director,\nCourt and Tribunal Services.\nLOCAL GOVERNMENT\nLG401\nLOCAL GOVERNMENT ACT 1995\nCity of Swan\nBASIS OF RATES\nI, Michael Connolly, being delegated by the Minister of the Crown to whom the administration of the\nLocal Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of\nthat Act, hereby, and with effect from 29 January 2019, determined that the method of valuation to\nbe used by the City of Swan as the basis for a rate in respect of the land referred to in the Schedule is\nto be the gross rental value of the land—\nSchedule\nDesignated Land\nUV to GRV All those portions of land being Lot 134 as shown on Plan 3551.\nMICHAEL CONNOLLY, Deputy Director General, Regulation,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————\nLG402\nLOCAL GOVERNMENT ACT 1995\nShire of Denmark\nBASIS OF RATES\nI, Michael Connolly, being delegated by the Minister of the Crown to whom the administration of the\nLocal Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of\nthat Act, hereby, and with effect from 31 January 2019 determine that the method of valuation to be\nused by the Shire of Denmark, as the basis for a rate in respect of the land referred to in the Schedule\nis to be the gross rental value of the land—\nSchedule\nDesignated land\nUV to GRV All those portions of land being Strata Lot 5 as shown on Strata Plan 61423.\nMICHAEL CONNOLLY, Deputy Director General, Regulation,\nDepartment of Local Government, Sport and Cultural Industries.\n\n276 GOVERNMENT GAZETTE, WA 12 February 2019\nMINERALS AND PETROLEUM\nMP401\nPETROLEUM PIPELINES ACT 1969\nPETROLEUM PIPELINE LICENCE PL 96\nNotice is hereby given that, pursuant to section 53A(1) of the Petroleum Pipelines Act 1969, I, Jared\nAndrew Barnett, Team Leader, Resource Tenure of the Department of Mines, Industry Regulation\nand Safety, under delegation from the Minister for Mines and Petroleum, intend to correct an obvious\ndefect in the spatial representation of the operation phase licence area of licence PL 96 by—\n  Replacing the existing Annexure ‘B’ Figures 1, 2 and 3 with the new Annexure ‘B’ Figures 1\nand 2;\n  Replacing the existing Annexure ‘B’ Table 1 with the new Annexure ‘B’ Table 1;\n  Insert Annexure ‘B’ (2) Land Tenure Deposit Plan 43810 for Registered Easement M072995;\nThe Minister will receive matters in writing in connection with this correction for a period of 45 days\nfrom publication of this notice. A map showing details of the proposed correction to the spatial\nrepresentation of the licence area may be examined during public office hours at the Department of\nMines, Industry Regulation and Safety, 1st floor Mineral House, 100 Plain Street, East Perth,\nWestern Australia and on the Department’s website—\nhttp://www.dmp.wa.gov.au/Petroleum/Notice-of-application-for-1613.aspx.\nDated at Perth this 3rd day of December 2018.\nMade under the Petroleum Pipelines Act 1969 of the State of Western Australia.\nJARED ANDREW BARNETT, Team Leader,\nResource Tenure Division.\nPLANNING\nPL401\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Swan\nLocal Planning Scheme No. 17—Amendment No. 153\nRef: TPS/2298\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\nScheme amendment on 9 January 2019 for the purpose of—\n(a) Rezoning a portion of Lot 1 Clayton Street, Bellevue from ‘General Rural’ to ‘Residential’\nzone, with a density coding of ‘R20’.\n(b) Modify the Scheme Maps accordingly.\nD. LUCAS, Mayor.\nM. FOLEY, Chief Executive Officer.\n———————————\nPL402\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Fremantle\nLocal Planning Scheme No. 4—Amendment No. 63\nRef: TPS/2135\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 Fremantle Local Planning\nScheme amendment on 2 February 2019 for the purpose of—\na. Insert the following in 5.1 Operation of special control areas after 5.1.1 (f) and amend\nformating of list—\n(g) Special Control Area provisions for small infill development as designated on the\nscheme map as ‘SCA 5.7’.\n\n12 February 2019 GOVERNMENT GAZETTE, WA 277\nb. Insert the following after 5.6 O’Conner Industrial Interface clause 5.6.5—\n5.7 Special control area provisions for small infill development.\n5.7.1 Notwithstanding the minimum and average site area and plot ratio requirements of\nclause 5.1.1, 6.1.1, table 1 and table 4 of the Residential Design Codes, Council may, at its\ndiscretion, grant development approval for the development of a Grouped Dwelling(s) and/or\nMultiple Dwelling(s) on a lot with a density coding of R35 or lower in the areas defined on the\nmap as ‘SCA 5.7’ where the lot is over 600m2 in size and the development complies with all\nthe following criteria—\n(a) Any new dwelling shall have up to a maximum floor area of 120m2.\n(b) A maximum of three dwellings, including any existing dwelling(s), on lots over 750m2,\none additional dwelling for every 150m2 in excess of 750m2 may be approved.\n(c) A maximum of one vehicle parking bay shall be provided for each new dwelling and a\nmaximum of two car bays shall be provided for any existing dwelling on the\ndevelopment site.\n(d) Notwithstanding sub-clause 5.7.1 (c), a nil vehicle parking requirement may be\npermitted where one small dwelling within a development achieves a floor area of 60m2\nof less.\n(e) Visitor parking shall not be provided for development less than 5 dwellings.\n(f) A minimum of 70% open space, as defined by the R-Codes, shall be provided over the\nentire development site unless otherwise provided for in a local planning policy.\n(g) A minimum 25% of the development site area shall be provided as a deep planting zone\nunless otherwise provided for in a local planning policy. The deep planting zone can be\nincluded as part of the open space for the development and 50% of the deep planting\nzone must be provided on the rear portion of the site unless otherwise provided for in a\nlocal planning policy.\n(h) A minmum of one tree, to Council specification, is required to be retained or planted in\nthe deep planting zone on the site.\n5.7.2 The requirements detailed in clause 5.7.1 are not capable of variation under\nclause 4.8.2.1.\n5.7.3 For the purposes of sub-clause 5.7.1(g), deep planting zone: means an area of the lot for\nthe exclusive use of supporting plant life. The deep planting zone shall—\n  Be landscaped, water permeable, unpaved and uncovered.\n  Be a minimum length and width dimension of 3.0 metres.\n  Not be used for vehicle parking or access.\n  Contain no buildings, patios, pergolas, swimming pools or external fixtures.\n5.7.4 In dealing with the subdivision of land designated on the scheme map as ‘SCA 5.7’, and\nwhere approval has been previously granted under Clause 5.7.1, the City may support\nsubdivision provided development has been constructed to plate height in accordance with a\ndevelopment approval granted by the relevant authority.\n5.7.5 Notwithstanding the permitted development requirements under Clause 4.3.5 and\nSchedule A Supplemental Provisions to the Deemed Provisions Clause 61 (m), a Small\nSecondary Dwelling will not be permitted or granted planning approval on the same lot as a\ndevelopment approved under 5.7.1.\n5.7.6 Nothwithstanding the requirements of Regulation 61 (1) of the Planning and\nDevelopment (Local Planning Schemes) Regulations 2015 and Schedule A—Supplemental\nProvisions to the Deemed Provisions, development approval is required for buildings,\noutbuildings, pergolas, verandas, patios, carports and garages for land designated on the\nscheme map as ‘SCA 5.7’ where approval has been previously granted under Clause 5.7.1.\n5.7.7 Clause 5.7 and associated sub-clauses shall cease to have effect on the date of the fifth\nanniversary after publication in the Gazette of the amendment introducing those provisions\ninto the scheme.\nc. Insert the following words into 6.12 Schedule A—Supplementary provisions to the deemed\nprovisions clause 78B Advisory Committees (6) b in between ‘zones’ and ‘without’—\n‘or a development application proposed under clause 5.7 Special control area provisions for\nsmall infill development’.\nd. Amend the scheme map to—\n  Apply Special Control Area “SCA 5.7’ to residential zoned land as shown on the proposed\nScheme Map with an inwards triangled red border;\n  Include a Special Control Area designation on the Scheme Legend with an inwards\ntriangled red border; and\n  Natate on the scheme map legend ‘SCA 5.7—Small Infill Development Areas, refer to\nClause 5.7 for development requirements.’\ne. Update the Contents Page and renumber pages as required.\nB. PETTITT, Mayor.\nP. ST JOHN, Chief Executive Officer.\n\n278 GOVERNMENT GAZETTE, WA 12 February 2019\nPREMIER AND CABINET\nPR401\nINTERPRETATION ACT 1984\nMINISTERIAL ACTING ARRANGEMENTS\nIt is hereby notified for public information that the temporary appointment by the Governor, in\naccordance with section 12(c) of the Interpretation Act 1984, of the Hon S. F. McGurk MLA as\nMinister for Water; Fisheries; Forestry; Innovation and ICT; Science during the period 23 to\n28 February 2019 (both dates inclusive), has been cancelled.\nThis notice supersedes acting arrangements relating to the above office that were published in\nGovernment Gazette No. 3 of 11 January 2019.\nD. FOSTER, Director General,\nDepartment of the Premier and Cabinet.\nDECEASED ESTATES\nZX401\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nEstate of Dorothy May Hawkins, late of 9 Thor Street, Innaloo, 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 28 December 2016, are required by the Executors\nThomas Harry Byrne and Ronald Olding Hawkins, c/- Furstenberg Solicitors & Notaries,\nPO Box 3060, Joondalup WA 6027 to send particulars of their claims to them by 18 March 2019,\nafter which date the Executor may convey or distribute the assets of the estate, having regard only to\nthe claims of which he then has notice.\n———————————\nZX402\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nVeronica Maria Archer, late of 24 Chester Street, South Fremantle, 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 8 September 2018, are required by the Executor,\nMario Antonio Silipo, care of Owen & Plaistowe, PO Box 127, Northbridge WA 6865 to send\nparticulars of their claim by 15 March 2019, after which date the Executor may convey or distribute\nthe assets, having regard only to the claims of which he then has notice.\n———————————\nZX403\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nRodney Noel Grey, late of 28 Stephenson Gardens, Winthrop, 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 executors,\nBrett Charles Owen and Dawn Lee Mitchell to send particulars of their claims to Tolson & Co\nSolicitors, PO Box 3050, East Perth WA 6892 within one month of the date of publication of this\nnotice, after which date the executors may convey or distribute the assets, having regard only to the\nclaims of which they then have notice.\n\n12 February 2019 GOVERNMENT GAZETTE, WA 279\nZX404\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the Estate of Edward John Williamson late of Bethanie Waters, 18 Olivenza Crescent Port\nKennedy, Western Australia and formerly of 13 Mariner Place, Cooloongup in the said State, Civil\nEngineer, 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 Edward John Williamson, who died on 10 April 2018, are\nrequired by the Personal Representative, Alison Frances Gibson of 20 Ernest Street, Safety Bay,\nWestern Australia to send particulars of their claims to her by the date being one month from the\npublication of this notice, after which date the Personal Representative may convey or distribute the\nassets, having regard only to the claims of which she then has notice.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of governing volunteer bush fire brigades in the City of Mandurah. While it adds new administrative requirements (auditing, investment powers) and updates institutional references, these are evolutionary changes within the existing scope rather than expansion into new policy areas."},"complexity_factors":["Amendment-style drafting requiring cross-referencing with the original 2010 local law to understand full effect","17 separate amendment clauses modifying different parts of the principal local law","Technical administrative provisions regarding brigade governance, financial management and auditing","Nested subclauses in the amendment instructions (e.g., clause 9 modifies Schedule 1, Part 2, which contains subclauses (a) through (e))","Requires knowledge of the underlying Bush Fires Act 1954 and Local Government Act 1995 framework"],"plain_english_summary":"This City of Mandurah local law amendment updates volunteer bush fire brigade governance to current practice: replacing the old agency name with the Department of Fire and Emergency Services, moving the annual report deadline to 31 March, and streamlining administration (simpler officer elections, removal of outdated committee/dispute clauses). It clarifies membership applications, requires incident reports within 14 days in a DFES-agreed format, permits investment of surplus funds, mandates independent auditors at AGMs, and removes obsolete appendices. It affects brigade volunteers, the council, and DFES."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The amendment does not change the fundamental scope of the local law — it remains regulation of City of Mandurah bush fire brigades under the Bush Fires Act and Local Government Act. However, it expands administrative and governance obligations (terminology updates to reference the Department, incident reporting within 14 days (Schedule 1 Part 3 cl.3.3(l)), independent auditor requirements (Schedule 1 Part 5 cl.5.6), investment of brigade funds (Schedule 1 Part 4 subcl.4.1(2)(f)), and revised committee/quorum rules (Schedule 1 Part 6 cl.6.2)), increasing compliance duties and operational oversight without altering the law’s substantive remit."},"complexity_factors":["Multiple scattered amendments across the principal local law and Schedule 1 increase navigational complexity (clauses 1.2, 3.10, 4.4, 4.5, 6.3; Schedule 1 Parts 2–7).","Terminology and locus-of-authority change: replacement of ‘Authority’ with the Department of Fire and Emergency Services requires reconciling roles and references (clause 1.2; clauses 4.4, 6.3; Schedule 1 multiple subclauses).","New incident reporting obligation creates a short statutory timeframe and a specific format requirement agreed with the Department (Schedule 1, Part 3, clause 3.3(l)) — adds operational compliance burden.","Deletion of several clauses (Schedule 1, Part 3 clauses 3.5–3.11) and removal of Appendices II–IV may shift previously-prescribed procedures into practice-based arrangements, requiring reinterpretation.","Introduction of an Equipment Officer role alters duties and chain of custody for equipment (Schedule 1, Part 3, clause 3.5).","Financial governance changes: power to invest brigade funds (Schedule 1, Part 4, subclause 4.1(2)(f)) and mandatory appointment of an external Auditor and timing for audit reports (Schedule 1, Part 5, clauses 5.3(2) and 5.6) — implies ongoing cost and procurement choices.","Quorum/committee threshold change from a percentage to a fixed number (Schedule 1, Part 6, clause 6.2) alters decision rules and could affect small brigades differently.","Procedural tightening for membership applications and form-based approvals centralises administrative discretion in the Secretary/CEO (Schedule 1, Part 2, clause 2.4).","Timing change for an administrative deadline (clause 6.3: from ‘first week in December’ to ‘31 March’) shifts annual-cycle obligations.","Interdependencies with Department agreements (incident report format, equipment/information sharing) create external coordination requirements and potential implementation risk."],"plain_english_summary":"This amendment updates the City of Mandurah Bush Fires Brigades Local Law 2010 to change terminology (replacing “Authority” with the Department of Fire and Emergency Services) and to revise brigade governance and administrative rules. It imposes new duties (written membership applications, incident reports within 14 days, an independent auditor, ability to invest brigade funds), alters meeting/timing and committee rules, and removes several appendices. It affects City of Mandurah brigades, their officers, volunteers and the local government that oversees them by changing reporting, decision-making and compliance obligations."}},"importantCases":[],"_links":{"self":"/api/acts/mandurah-city-of-bush-fire-brigades-amendment-local-law-2018","history":"/api/acts/mandurah-city-of-bush-fire-brigades-amendment-local-law-2018/history","analysis":"/api/acts/mandurah-city-of-bush-fire-brigades-amendment-local-law-2018/analysis","conflicts":"/api/acts/mandurah-city-of-bush-fire-brigades-amendment-local-law-2018/conflicts","importantCases":"/api/acts/mandurah-city-of-bush-fire-brigades-amendment-local-law-2018/important-cases","documents":"/api/acts/mandurah-city-of-bush-fire-brigades-amendment-local-law-2018/documents"}}