{"id":"wa-local:denmark-shire-of-shie-of-denmark","name":"Shie of Denmark","slug":"shie-of-denmark","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437767,"registerId":"wa-local:denmark-shire-of-shie-of-denmark-pdf-1775954481145","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shie of Denmark","content":"2939\nISSN 2204-4264 (online)\nPERTH, TUESDAY, 10 DECEMBER 2024 No. 152\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nCONTENTS\nPage\nEnvironment ...................................................................................................................................... 2941\nLocal Government .............................................................................................................................. 2941\nMinerals and Petroleum .................................................................................................................... 2949\nPlanning ............................................................................................................................................. 2950\nPublic Notices..................................................................................................................................... 2954\nSalaries and Allowances Tribunal .................................................................................................... 2950\n\nIMPORTANT COPYRIGHT NOTICE\n© State of Western Australia\nThis work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part\nmay be reproduced by any process without written permission from the Attorney General for\nWestern Australia. Enquiries in the first instance should be directed to the Government Printer,\nParliamentary Counsel’s Office, publications@pco.wa.gov.au.\nNote: A Creative Commons Attribution 4.0 International Licence (CC BY 4.0) applies with\nrespect to material on the WA Legislation Website (with certain exceptions), and to copies of Acts,\nand reprints of Acts and subsidiary legislation, printed by the Government Printer. To view\nrelevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\nPUBLISHING DETAILS\nThe Western Australian Government Gazette is published by the Government Printer for the State of\nWestern Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or\nunforeseen circumstances.\nSpecial Government Gazettes containing notices of an urgent or particular nature are published\nperiodically.\nThe following guidelines should be followed to ensure publication in the Government Gazette—\n• Material submitted to the Executive Council prior to gazettal will require a copy of the signed\nExecutive Council Minute Paper.\n• Copy must be lodged with the Publications Officer, Department of the Premier and Cabinet no\nlater than 12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)—\nEmail address:\ngazette@dpc.wa.gov.au\n• Enquiries regarding publication of notices can be directed to the Publications Officer on\n(08) 6552 6012.\n• Enquiries regarding payment of notices can be directed to (08) 6552 6000 or\nsales@dpc.wa.gov.au\n• Lengthy or complicated notices should be forwarded early to allow for preparation.\nFailure to observe this request could result in the notice being held over.\nAfter lodging any notices, confirmation is not required by post. If original copy is forwarded later and\npublished, the cost will be borne by the advertiser.\nGOVERNMENT GAZETTE\nPUBLISHING DETAILS FOR CHRISTMAS 2024\nAND NEW YEAR HOLIDAY PERIOD 2025\n—————\nPublishing Closing Dates and Times\nDates for copy\nFriday, 20 December 2024 Wednesday, 18 December 2024 at 12 noon\nTuesday, 24 December 2024 Friday, 20 December 2024 at 12 noon\nTuesday, 31 December 2024 Friday, 27 December 2024 at 12 noon\nTuesday, 7 January 2025 Friday, 3 January 2025 at 12 noon\nThe Government Gazette will not be published on\nFriday 27 December 2024\nFriday 3 January 2025\n\n10 December 2024 GOVERNMENT GAZETTE, WA 2941\nENVIRONMENT\nEV401\nENVIRONMENTAL PROTECTION ACT 1986\nNOTICE OF APPEALABLE DECISION\nCity of Fremantle\nIt is hereby notified for public information that the Chief Executive Officer of the City of Fremantle,\nacting under delegation from the CEO under the Environmental Protection Act 1986, has made the\nfollowing appealable decision pursuant to Division 7 of the Environmental Protection (Noise)\nRegulations 1997, in relation to an application for approval of a sporting, cultural or entertainment\nvenue, namely the ‘Notice of Venue Approval—Fremantle Prison’ dated 5 December 2024—\n(a) Approval of the venue;\n(b) the imposition of conditions on the approval of the venue; and\n(c) the specification of the period of three (3) years as the period for which the approval has effect.\nCopies of the approval notice, including the conditions of the approval, are available for viewing at the\nCity of Fremantle (Walyalup Civic Centre, 151 High Street, Fremantle) or from the City’s website at:\nhttps://www.fremantle.wa.gov.au/page/public-notices\nAny person who is aggrieved by the above decision may lodge an appeal.\nAn appeal must be lodged within 21 days from the date of publication of this notice in the Gazette. The\nground for the appeal must be clearly stated.\nAppeals are to be addressed to the Minister for the Environment and lodged with—\nAppeals Convenor for the Environmental Protection Act\nLevel 22, Forrest Centre\n221 St Georges Terrace\nPerth WA 6000\nAppeals can be lodged online at www.appealsconvenor.wa.gov.au, by hand delivery, or by email to\nadmin@appealsconvenor.wa.gov.au or by fax to (08) 6467 5199.\nThe appeal must be accompanied by a $50 fee. For further information about appeals, see ‘Types of\nappeal, Noise Regulations’ on the Appeals Convenor’s website www.appealsconvenor.wa.gov.au or\nphone (08) 6364 7990.\nDated 5 December 2024.\nGLEN DOUGALL, Chief Executive Officer, City of Fremantle.\nLOCAL GOVERNMENT\nLG401\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nShire of Denmark\nWASTE LOCAL LAW 2024\nUnder the powers conferred by Waste Avoidance and Resource Recovery Act 2007, the Local Government\nAct 1995 and under all other powers enabling it, the Shire of Denmark resolved on the 29th of October\n2024 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis is the Shire of Denmark Waste Local Law 2024.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nThe Shire of Denmark Health Local Law 1998 is amended as follows—\n(a) in clause 4.2 1 delete all definitions except “rubbish or refuse” and “receptacle”;\n(b) delete clauses 4.2.2 to 4.2.6;\n(c) delete clauses 4.2.8 and 4.2.9;\n\n2942 GOVERNMENT GAZETTE, WA 10 December 2024\n(d) delete clause 4.2.11;\n(e) delete clauses 4.2.13; and\n(f) delete Schedule 13.\n1.5 Meaning of terms used in this local law\n(1) In this local law—\nauthorised person means a person appointed by the local government under section 9.10 of the\nLG Act to perform any of the functions of an authorised person under this local law and includes\nthe CEO;\nCEO means the Chief Executive Officer of the local government;\ncollectable waste means local government waste that is not—\n(a) liquid refuse;\n(b) liquid waste; or\n(c) non-collectable waste;\ncollectable waste receptacle means a receptacle supplied or approved under clause 2.1 for the\ndeposit and collection of collectable waste that is—\n(a) a recycling waste receptacle;\n(b) a general waste receptacle; or\n(c) an organic waste receptacle;\ncollection, when used in relation to a receptacle, means the collection and removal of collectable\nwaste from the receptacle by the local government or its contractor;\ncollection day means the day determined by the local government for the collection of collectable\nwaste in the district or a part of the district;\ncollection time means the time on the collection day determined by the local government for the\ncollection of collectable waste in the district or a part of the district;\ncosts of the local government include administrative costs;\nCouncil means the council of the local government;\ndistrict means the district of the local government;\ngeneral waste receptacle means a receptacle for the deposit and collection of collectable waste\nthat is not recycling waste;\nLG Act means the Local Government Act 1995;\nLG Regulations means the Local Government (Functions and General) Regulations 1996;\nlocal government means the Shire of Denmark;\nlocal government waste has the same meaning as in the WARR Act;\nnon-collectable waste has the meaning set out in Schedule 1 of this local law;\noccupier in relation to premises, means any or all of the following—\n(a) a person by whom or on whose behalf the premises are actually occupied; or\n(b) a person having the management or control of the premises;\norganic waste means waste that decomposes readily, such as garden waste or food waste;\norganic waste receptacle means a receptacle for the deposit and collection of organic waste;\nowner has the same meaning as in the LG Act;\npublic place includes a place to which the public ordinarily have access, whether or not by\npayment of a fee;\nreceptacle, means a receptacle—\n(a) that has been supplied for the use of the premises by the local government or its\ncontractor, or which has otherwise been approved by the local government; and\n(b) the waste from which is collected and removed from the premises by the local government\nor its contractor;\nrecycling waste receptacle means a receptacle for the deposit and collection of recycling waste;\nrecycling waste means—\n(a) paper and cardboard;\n(b) plastic containers comprised of polyethylene terephthalate or high density polyethylene;\n(c) glass containers;\n(d) steel containers;\n(e) aluminium containers;\n(f) liquid paper board; and\n(g) any other waste determined by the local government to be recycling waste;\nspecified means specified by the local government or an authorised person, as the case may be;\nstreet alignment means the boundary between the land comprising a street and the land that\nabuts the street;\nWARR Act means the Waste Avoidance and Resource Recovery Act 2007;\n\n10 December 2024 GOVERNMENT GAZETTE, WA 2943\nWARR Regulations means the Waste Avoidance and Resource Recovery Regulations 2008;\nwaste has the same meaning as in the WARR Act;\nwaste facility means a waste facility, as defined in the WARR Act, that is operated by the local\ngovernment; and\nwaste service has the same meaning as in the WARR Act.\n(2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and\noccupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or\noccupiers.\n1.6 Local public notice of determinations\nWhere, under this local law, the local government has a power to determine a matter—\n(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;\n(b) the determination becomes effective only after local public notice has been given;\n(c) the determination remains in force for the period of one year after the date that local public\nnotice has been given under subclause (a);\n(d) after the period referred to in subclause (c), the determination continues in force only if, and\nfor so long as, it is the subject of local public notice, given annually, under section 1.7 of the LG\nAct; and\n(e) the determination must be recorded in a publicly accessible register of determinations that\nmust be maintained by the local government.\n1.7 Rates, fees and charges\nThe local government’s powers to impose rates, fees and charges in relation to waste services are set\nout in sections 66 to 68 of the WARR Act and sections 6.16 and 6.17 of the LG Act.\n1.8 Power to provide waste services\nThe local government’s power to provide, or enter into a contract for the provision of, waste services is\ndealt with in section 50 of the WARR Act.\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Supply of receptacles\n(1) The local government may supply, for the use of each premises that are, or are capable of being,\noccupied or used for residential purposes, one or more receptacles for the collection and removal,\nfrom those premises, of collectable waste.\n(2) The owner of premises to which subclause (1) applies must—\n(a) ensure that the fee or charge (if any) imposed by the local government in relation to each\nreceptacle is paid to the local government; and\n(b) ensure that each receptacle is used, in respect of those premises, in accordance with this local\nlaw.\n2.2 Deposit of waste in receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any\nnon-collectable waste.\n(2) A person must not deposit waste in a receptacle that has been provided for the use of other premises\nwithout the consent of the owner or occupier of those premises.\n2.3 General waste receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste\nreceptacle—\n(a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable waste;\nor\n(b) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n(2) Where the local government supplies recycling waste receptacles, an owner or occupier of the\npremises must not deposit or permit to be deposited in a general waste receptacle any recycling\nwaste.\n(3) Where the local government supplies organic waste receptacles, an owner or occupier of the\npremises must not deposit or permit to be deposited in a general waste receptacle any organic\nwaste.\n2.4 Recycling waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in a recycling waste\nreceptacle—\n(a) anything other than the particular type of recycling waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of recycling waste;\nor\n\n2944 GOVERNMENT GAZETTE, WA 10 December 2024\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.5 Organic waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in an organic waste\nreceptacle—\n(a) anything other than the particular type of organic waste for which that receptacle was provided\nby the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.6 Direction to place or remove a receptacle\n(1) The local government or an authorised person may give a written direction to an owner or occupier\nof specified premises—\n(a) to place a receptacle in respect of those premises for collection; or\n(b) to remove a receptacle in respect of those premises after collection.\n(2) The direction under subclause (1) may specify when the placement or removal is to occur, or where\nthe receptacle is to be placed, or both.\n(3) An owner or occupier of premises must comply with a direction given under this clause.\n2.7 Duties of owner or occupier—collection of receptacles\nAn owner or occupier of premises must—\n(a) except for a reasonable period before and after collection time, keep each receptacle in a storage\nspace or area that is behind the street alignment;\n(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the premises,\nor other area as determined by the local government, ensure that, within a reasonable period\nbefore collection time, each receptacle is—\n(i) within 1 metre of the carriageway;\n(ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way or\ncarriageway; and\n(iii) facing squarely to the edge of and opening towards the carriageway,\nor in such other position as is approved in writing by the local government or an authorised person.\n2.8 Exemption\n(1) An owner or occupier of premises may apply in writing to the local government for an exemption\nfrom compliance with the requirements of clause 2.7(a) or (b).\n(2) The local government or an authorised person may grant, with or without conditions, or refuse an\napplication for exemption from compliance under this clause.\n(3) An exemption granted under this clause must state—\n(a) the premises to which the exemption applies;\n(b) the period during which the exemption applies; and\n(c) any conditions imposed by the local government or the authorised person.\n(4) An exemption granted under this clause ceases to apply—\n(a) if the local government decides, on reasonable grounds, that there has been a failure to comply\nwith a condition of the exemption; and\n(b) from the date that the local government informs the owner or occupier of its decision under\nclause 2.8(4)(a).\n2.9 Damaging or removing receptacles\nA person, other than the local government or its contractor, must not—\n(a) damage, destroy or interfere with a receptacle; or\n(b) remove a receptacle from any premises for which it was obtained, or to which it was delivered\nby the local government or its contractor except—\n(i) as permitted by this local law; or\n(ii) as authorised by the local government or an authorised person.\n2.10 Verge collections\n(1) Where the local government has advertised a verge waste collection (such as a green waste, or a\nbulk waste) a person, unless with and in accordance with the approval of the local government or\nan authorised person—\n(a) must deposit waste only during the period of time, and in accordance with other terms and\nconditions, as advertised by the local government in relation to that verge waste collection; and\n(b) must otherwise comply with those terms and conditions.\n(2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove\nany of that waste for a commercial purpose but may remove it for any other purpose.\n\n10 December 2024 GOVERNMENT GAZETTE, WA 2945\n(3) Except where waste is lawfully removed from a verge under this clause, a person must not\ndisassemble or tamper with any waste deposited on a verge for a verge waste collection so as to\nincrease the risk of harm to any person.\n(4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the local\ngovernment in relation to the verge waste collection.\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier—maintenance of receptacles\nAn owner or occupier of premises must—\n(a) take reasonable steps to ensure that a sufficient number of receptacles are provided to contain\nall waste which accumulates or may accumulate in or from the premises;\n(b) ensure that each receptacle is kept in good condition and repair;\n(c) take all reasonable steps to—\n(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches, rodents\nand other vectors of disease;\n(ii) prevent the emission of offensive or noxious odours from each receptacle; and\n(iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining\npremises;\n(d) whenever directed to do so by the local government or an authorised person, thoroughly clean,\ndisinfect, deodorise and apply a residual insecticide to each receptacle; and\n(e) if the receptacle is lost, stolen, damaged or defective—\n(i) in the case of a receptacle that is not supplied by the local government, replace or repair\nthe receptacle as soon as practicable after the event or when directed by the local\ngovernment; and\n(ii) in the case of a receptacle that is supplied by the local government, notify the local\ngovernment as soon as practicable after the event.\n3.2 Removal of waste from premises\n(1) A person must not remove any waste from premises unless that person is—\n(a) the owner or occupier of the premises;\n(b) authorised to do so by the owner or occupier of the premises; or\n(c) authorised in writing to do so by the local government or an authorised person.\n(2) A person must not remove any waste from a receptacle without the approval of—\n(a) the local government or an authorised person; or\n(b) the owner or occupier of the premises at which the receptacle is ordinarily kept.\n3.3 Receptacles and containers for public use\nA person must not, without the approval of the local government or an authorised person—\n(a) deposit household, commercial or other waste from any premises on or into; or\n(b) remove any waste from,\na receptacle is provided for the use of the general public in a public place.\nPART 4—OPERATION OF WASTE FACILITIES\n4.1 Operation of this Part\nThis Part applies to a person who enters a waste facility.\n4.2 Hours of operation\nThe local government may from time to time determine the hours of operation of a waste facility.\n4.3 Signs and directions\n(1) The local government or an authorised person may regulate the use of a waste facility—\n(a) by means of a sign; or\n(b) by giving a direction to a person within a waste facility.\n(2) A person within a waste facility must comply with a sign or direction under subclause (1).\n(3) The local government or an authorised person may direct a person who commits, or is reasonably\nsuspected by the local government or the authorised person of having committed, an offence under\nthis clause to leave the waste facility immediately.\n(4) A person must comply with a direction under subclause (3).\n4.4 Fees and charges—waste facilities\n(1) Unless subclause (3) applies, a person must, on or before entering a waste facility or on demand by\nthe local government or an authorised person, pay the fee or charge as assessed by an authorised\nperson.\n\n2946 GOVERNMENT GAZETTE, WA 10 December 2024\n(2) An authorised person may assess the fee or charge in respect of a particular load of waste at a rate\nthat applies to any part of that load, even if that rate is higher than the rate that would apply to\nany other part of the load.\n(3) Subclause (1) does not apply—\n(a) to a person who disposes of waste in accordance with the terms of—\n(i) a credit arrangement with the local government; or\n(ii) any other arrangement with the local government to pay the fee or charge at a different\ntime or in a different manner; and\n(b) to the deposit of waste owned by the local government, or in the possession of an employee on\nbehalf of the local government.\n4.5 Depositing waste\n(1) A person must not deposit waste at a waste facility other than—\n(a) at a location determined by a sign and in accordance with the sign; and\n(b) in accordance with the direction of an authorised person.\n(2) The local government may determine the classification of any waste that may be deposited at a\nwaste facility.\n4.6 Prohibited activities\n(1) Unless authorised by the local government, a person must not—\n(a) remove any waste or any other thing from a waste facility;\n(b) deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or hazardous,\nor the depositing of which is regulated or prohibited by any written law;\n(c) light a fire in a waste facility;\n(d) remove, damage or otherwise interfere with any flora in a waste facility;\n(e) remove, injure or otherwise interfere with any fauna in a waste facility; or\n(f) damage, deface or destroy any building, equipment, plant or property within a waste facility.\n(2) A person must not act in an abusive or threatening manner towards any person using, or engaged\nin the management or operation of, a waste facility.\nPART 5—ENFORCEMENT\n5.1 Objection and appeal rights\nDivision 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary or\ncancel—\n(a) an approval under clause 2.7(b);\n(b) an exemption under clause 2.8(2);\n(c) an approval under clause 2.9(b);\n(d) an approval under clause 2.10(1);\n(e) an authorisation under clause 3.2(1)(c);\n(f) an approval under clause 3.2(2); and\n(g) an approval under clause 3.3.\n5.2 Offences and general penalty\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law a person is prohibited from doing, commits an offence.\n(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding\n$500 in respect of each day or part of a day during which the offence has continued.\n5.3 Other costs and expenses\n(1) A person who is convicted of an offence under this local law is to be liable, in addition to any penalty\nimposed under clause 5.2, to pay to the local government the costs and expenses incurred by the\nlocal government in taking remedial action such as—\n(a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or\n(b) making good any damage caused to a waste facility.\n(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to the\nlocal government, in a court of competent civil jurisdiction.\n5.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 of this local law is a prescribed offence for the\npurposes of section 9.16(1) of the LG Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 2.\n\n10 December 2024 GOVERNMENT GAZETTE, WA 2947\n5.5 Form of notices\n(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations.\n(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in\nSchedule 1 of the LG Regulations.\n(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of\nForm 3 in Schedule 1 of the LG Regulations.\n————\nSCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’\n[Clause 1.5(1)]\nnon-collectable waste means—\n(a) hot or burning material;\n(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,\npesticides, oils, gas cylinders, batteries, chemicals and heavy metals;\n(c) any other hazardous material, such as radioactive waste;\n(d) any explosive material, such as flares or ammunition;\n(e) electrical and electronic equipment;\n(f) hospital, medical, veterinary, laboratory or pathological substances;\n(g) construction or demolition waste;\n(h) sewage;\n(i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste)\nRegulations 2004;\n(j) any object that is greater in length, width, or breadth than the corresponding dimension of the\nreceptacle or that will not allow the lid of the receptacle to be tightly closed;\n(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious\nodour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or\nimpervious material or placed in a sealed impervious and leak-proof container; and\n(l) any other waste determined by the local government to be non-collectable waste.\n————\nSCHEDULE 2—PRESCRIBED OFFENCES\n[Clause 5.4]\nItem\nNo.\nClause\nNo.\nDescription Modified\nPenalty\n1 2.1(2)(a) Failing to pay fee or charge $350\n2 2.1(2)(b) Failing to ensure lawful use of receptacle $500\n3 2.2(1) Depositing non-collectable waste in a receptacle $500\n4 2.2(2) Depositing waste in another receptacle without consent $500\n5 2.3(1) Exceeding weight capacity of a general waste receptacle $350\n6 2.3(2) & (3) Depositing unauthorised waste in a general waste receptacle $500\n7 2.4(a) Depositing unauthorised waste in a recycling waste receptacle $350\n8 2.4(b) & (c) Exceeding weight capacity of a recycling waste receptacle $250\n9 2.5(a) Depositing unauthorised waste in an organic waste receptacle $500\n10 2.5(b) & (c) Exceeding weight capacity of an organic waste receptacle $350\n11 2.6(3) Failing to comply with a direction concerning placement or\nremoval of a receptacle\n$250\n12 2.7(a) Failing to keep a receptacle in the required location $250\n13 2.7(b) Failing to place a receptacle for collection in a lawful position $250\n14 2.9(a) Damaging, destroying or interfering with a receptacle $400\n15 2.9(b) Removing a receptacle from premises $400\n16 2.10(1) Failing to comply with a term or condition of verge waste\ncollection\n$400\n17 2.10(2) Removing waste for commercial purposes $350\n18 2.10(3) Disassembling or leaving in disarray waste deposited for\ncollection\n$250\n19 3.1(a) Failing to provide a sufficient number of receptacles $250\n\n2948 GOVERNMENT GAZETTE, WA 10 December 2024\nItem\nNo.\nClause\nNo.\nDescription Modified\nPenalty\n20 3.1(b) Failing to keep a receptacle clean and in a good condition and\nrepair\n$250\n21 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a\nreceptacle\n$350\n22 3.1(c)(ii) Failing to prevent the emission of offensive odours from a\nreceptacle\n$350\n23 3.1(c)(iii) Allowing a receptacle to cause a nuisance $350\n24 3.1(d) Failing to comply with a direction to clean, disinfect or\ndeodorise receptacle\n$300\n25 3.1(e)(i) Failing to repair or replace a receptacle supplied by the owner\nor occupier when directed by the local government\n$250\n26 3.1(e)(ii) Failing to notify of a lost, stolen, damaged or defective\nreceptacle where supplied by the local government\n$100\n27 3.2(1) Unauthorised removal of waste from premises $250\n28 3.2(2) Removing waste from a receptacle without approval $250\n29 3.3(a) Unauthorised depositing of household, commercial or other\nwaste into a receptacle provided for the use of the general\npublic\n$250\n30 3.3(b) Unauthorised removal of waste from a receptacle provided for\nthe use of the general public\n$250\n31 4.3(2) Failing to comply with a sign or direction $500\n32 4.3(4) Failing to comply with a direction to leave $500\n33 4.4(1) Disposing waste without payment of fee or charge $500\n34 4.5(1) Depositing waste contrary to sign or direction $500\n35 4.6(1)(a) Removing waste without authority in a waste facility $250\n36 4.6(1)(b) Depositing toxic, poisonous or hazardous waste at a waste\nfacility\n$500\n37 4.6(1)(c) Lighting a fire in a waste facility $300\n38 4.6(1)(d) Removing or interfering with any flora in a waste facility $300\n39 4.6(1)(e) Removing or interfering with any fauna without approval in a\nwaste facility\n$300\n40 4.6(1)(f) Damaging, defacing or destroying any building, equipment,\nplant or property within a waste facility\n$500\n41 4.6(2) Acting in an abusive or threatening manner $500\n42 5.2(1) Offence not elsewhere specified $250\nDated 4 December 2024.\nThe Common Seal of the Shire of Denmark was affixed by authority of a resolution of Council in the\npresence of—\nKINGSLEY GIBSON, President.\nDAVID KING, Chief Executive Officer.\nConsented to—\nALISTAIR JONES, Chief Executive Officer,\nDepartment of Water and Environmental Regulation.\nDated 28 November 2024.\n\n10 December 2024 GOVERNMENT GAZETTE, WA 2949\nMINERALS AND PETROLEUM\nMP401\nDANGEROUS GOODS SAFETY ACT 2004\nDANGEROUS GOODS SAFETY (ROAD AND RAIL TRANSPORT OF NON-EXPLOSIVES)\nREGULATIONS 2007\nAUSTRALIAN CODE FOR THE TRANSPORT OF DANGEROUS GOODS BY ROAD & RAIL\nNotice of Amendment\nI, Iain Dainty as Chief Dangerous Goods Officer, hereby give notice of amendment to the Australian\nCode for the Transport of Dangerous Goods by Road & Rail, also called the Australian Dangerous Goods\nCode, published by the National Transport Commission, and adopted by the Dangerous Goods Safety\n(General) Regulations 2007 in accordance with subsection 19(2) of the Dangerous Goods Safety\nAct 2004.\nEdition 7.9 of the Australian Dangerous Goods Code can be used from 1 October 2024 and is compulsory\nfrom 1 October 2025.\nA copy of Edition 7.9 of the Australian Dangerous Goods Code is available for public inspection at the\noffices of Worksafe WA of the Department of Energy, Mines, Industry Regulation and Safety at 303\nSevenoaks Street, Cannington WA 6107. It is also available at the website for the National Transport\nCommission.\nDated 5 December 2024.\nIAIN DAINTY, Chief Dangerous Goods Officer.\n———————————\nMP402\nDANGEROUS GOODS SAFETY (ROAD AND RAIL TRANSPORT OF NON-EXPLOSIVES)\nREGULATIONS 2007\nDANGEROUS GOODS SAFETY (ROAD AND RAIL TRANSPORT OF NON-EXPLOSIVES)\nDETERMINATION (NO. 1) 2024\nThis determination is made by the Chief Dangerous Goods Officer under Regulation 19 of the\nDangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007.\nThis determination replaces determination (No.2) 2020 that was gazetted on 22 January 2020.\n1. Citation\nThis determination may be cited as Dangerous Goods Safety (Road and Rail Transport of Non-\nexplosives) Determination (No. 1) 2024.\n2. Restrictions on transporting certain loads in road tunnels\n(1) In this determination—\n“placarded vehicle” means a road vehicle that is marked, or required to be marked, pursuant to\nRegulations 110 and 111 of the Dangerous Goods Safety (Road and Rail Transport of Non-\nexplosives) Regulations 2007.\n“tunnel” means any enclosed road over 120 metres in length in which road vehicles move, whether\non private property or not, that is open to, or used by, the public, whether on payment of\nconsideration or not.\n(2) A person must not drive a placarded vehicle in a tunnel unless all the following conditions are\nmet—\n(a) written permission has been obtained from the Director General of Main Roads Western\nAustralia; and\n(b) the tunnel is closed for maintenance and closed to general traffic; and\n(c) the placarded vehicle is associated with the maintenance activities in the tunnel; and\n(d) the placarded vehicle is not left unattended in the tunnel; and\n(e) the placarded vehicle is not filled in the tunnel.\n(3) A prime contractor transporting dangerous goods in a placarded vehicle must instruct the driver of\nit to comply with subsection (2) of this determination.\n(4) The owner of a placarded vehicle must instruct the driver of the vehicle to comply with subsection\n(2) of this determination.\nDated 5 December 2024.\nIAIN DAINTY, Chief Dangerous Goods Officer.\n\n2950 GOVERNMENT GAZETTE, WA 10 December 2024\nPLANNING\nPL101\nCORRECTION\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nShire of Derby/West Kimberley\nLocal Planning Scheme No. 9\nRef: TPS/2861\nIt is hereby notified for public information that the notice under the above local planning scheme\namendment, published on page 2829 of the Government Gazette No. 147 dated 5 December 2024,\ncontained errors which will now be corrected by replacing as follows—\nFor the words—\nSHIRE OF DERBY/WEST KIMBERLEY SCHEME NO. 9\nRead—\nSHIRE OF DERBY/WEST KIMBERLEY LOCAL PLANNING SCHEME NO. 9\nMs SAM BOUCHER, Secretary, Western Australian Planning Commission.\nSALARIES AND ALLOWANCES TRIBUNAL\nSA401\nSALARIES AND ALLOWANCES ACT 1975\nDETERMINATION OF THE SALARIES AND ALLOWANCES TRIBUNAL\nFOR MEMBERS OF UNIVERSITY GOVERNING COUNCILS\nPREAMBLE\nStatutory context\n(1) In accordance with section 6(1)(ea) of the Salaries and Allowances Act 1975 (the Act), the Salaries\nand Allowances Tribunal (the Tribunal) is required to inquire into and determine, on an annual\nbasis, the remuneration provided to members of University Governing Councils. These apply only\nto the four public universities based in Western Australia (namely, Curtin University, Edith Cowan\nUniversity, Murdoch University and The University of Western Australia).\n(2) The Tribunal’s last Determination was issued on 21 November 2023.\nInquiry\n(3) The Tribunal has reviewed the operation of the previous Determination and invited submissions\nfrom the respective Universities.\n(4) The Council of Curtin University, Council of Edith Cowan University (ECU) and the Senate of\nMurdoch University each provided a submission. No submission was received from the University\nof Western Australia.\nConclusion\n(5) The Tribunal has determined to increase remuneration by 4% across all categories. This increase\nis consistent with the decisions made by the Tribunal across its other jurisdictions in 2024.\n(6) The Tribunal has also supported the requests by the Council of ECU and the Senate of Murdoch\nUniversity to establish and maintain parity respectively with the rates provided to Curtin\nUniversity.\n(7) The Tribunal has re-affirmed its decision from past determinations not to support the Council of\nECU’s request for equivalent remuneration for student and non-student members. Currently ECU\nremunerates student members at half of the non-student member rate. The Tribunal maintains\nthe view that non-student members of the Council are remunerated for the greater depth of skills\nand external experience they bring to the Council, whereas it is unlikely that student members will\nhave an equivalent depth of capacity in these areas. Accordingly, the Tribunal has determined to\nmaintain the 50% difference in remuneration between student and non-student members of the\nCouncil of ECU.\n(8) To ensure parity, the Tribunal has decided to increase the student remuneration rates for Curtin\nand Murdoch Universities from 33% to 50% of the equivalent non-student rate.\n\n10 December 2024 GOVERNMENT GAZETTE, WA 2951\n(9) The Tribunal has also removed clauses from the determination relating to the requirement that\nmembers must make an annual application to the respective governing council to receive the\nremuneration determined. Members should now receive their determined remuneration\nautomatically without the administrative requirement to apply for the remuneration.\n(10) The Tribunal acknowledges that, while it has the power to determine the remuneration for\nUniversity Governing Council members, any remuneration must be met from within University\nexisting budgets and must be for the fulfilment of University strategic objectives.\n(11) By necessity, any remuneration determined is done in consultation with each University. The\nTribunal will continue to liaise with the sector to ensure the fee structure remains relevant for\neach University.\nThe Determination will now issue.\n————\nDETERMINATION\nPART 1—INTRODUCTORY MATTERS\nThis Part deals with some matters that are relevant to the Determination generally.\n1.1 Short Title\nThis Determination may be cited as the University Governing Board Members No. 1 of 2024.\n1.2 Commencement\nThis Determination comes into operation on and from 1 January 2025.\n1.3 Content and intent\nPursuant to section 6(1)(ea) the Salaries and Allowances Act 1975 (‘the Act’) this Determination\nprovides for the salary, allowances and other benefits to be paid, provided or reimbursed to a person\nholding any of the following offices—\n(a) Member of the Council of Curtin University;\n(b) Member of the Kalgoorlie Campus Council of Curtin University;\n(c) Member of the Council of Edith Cowan University;\n(d) Member of the ECU South West Campus (Bunbury) Advisory Board;\n(e) Member of the Advisory Board of the Western Australian Academy of Performing Arts (ECU);\n(f) Member of the Senate of Murdoch University; or\n(g) Member of the Senate of the University of Western Australia.\nThis Determination fulfils the Tribunal’s obligations under section 8 of the Act with respect to\noffices identified in section 6(1)(ea).\n1.4 References to Dates\nIn this Determination, a reference to “a year” or “per annum” relates to a calendar year.\nWhere benefits or entitlements are provided with specific reference to “a year” or “per annum”,\nthese cease on and from 31 December each year and, unless otherwise specified in this\nDetermination, no unexpended amount can be carried over to later years.\n1.5 Pro rata payments\nThe amount of a person’s entitlement to remuneration specified in this Determination shall be\napportioned on a pro rata basis according to the portion of a year that the person holds office.\n1.6 Terms used\nIn this Determination, unless the contrary intention appears—\nCommittee Chairperson means Chairperson of a designated committee of a University\nGoverning Council.\nCommittee Member means a Member of a designated committee of a University Governing\nCouncil.\nRemuneration means salary, allowances, fees, emoluments and benefits (whether in money or\nnot).\nTribunal means the Salaries and Allowances Tribunal.\nPART 2—REMUNERATION\nThis Part deals with the remuneration payable to Governing Council members.\n2.1 Eligibility Criteria\nMembers are ineligible to receive any remuneration fees if they are—\n(a) On the public payroll, including all current full time State, Commonwealth and Local\nGovernment employees, including Western Australian statutory authorities;\n(b) Members of Parliament;\n(c) Current and retired judicial officers;\n\n2952 GOVERNMENT GAZETTE, WA 10 December 2024\n(d) A former Member of Parliament and less than 12 months has passed since they ceased to be a\nMember of Parliament.\nPart time employees of State, Commonwealth and Local Government public services, including\nWestern Australian statutory authorities are eligible for remuneration fees only if the member can\nclearly demonstrate that the work of the Governing Council will happen in their own time.\nUniversity Governing Councils may create Committees from within the membership of the Council,\nsuch as Audit and Compliance Committees, that are eligible for remuneration at the Committee\nChairperson/Member rates described in Part 2.2. In doing so the Governing Council must—\n(a) Designate each Committee as being eligible for remuneration at the higher level through the\npolicies and procedures of the University; and\n(b) Ensure that each Committee has sufficient scope and workload to justify the higher level of\nremuneration.\n2.2 Remuneration\nMembers of certain University Governing Councils are eligible to receive remuneration fees\nspecified in the Table below, subject to the eligibility criteria in Part 2.1.\nEach member is entitled to the remuneration applicable to one category only, the remuneration\nlevels are not cumulative.\nIf an eligible member has entered into an arrangement with an employer which provides that the\nremuneration payments are to be paid to the employer as part of the member’s conditions of\nemployment, payment will be made to the employer.\nRemuneration payments will be subject to PAYG tax under Australian Taxation Office legislation.\nEmployer superannuation guarantee contributions, levies and payroll tax are additional to the\namounts shown below and will be payable by the University.\nTABLE 1: Annual remuneration for University Governing Councils members\nChancellor Pro\nChancellor\nCommittee\nChairperson\nCommittee\nMember\nCommittee\nMember\n(student)\nCouncil\nMember\n(non-student)\nCouncil\nMember\n(student)\nCouncil of Curtin\nUniversity $87,360 $43,680 $38,220 $21,840 $10,920 $16,380 $8,190\nSenate of\nMurdoch\nUniversity\n$87,360 $43,680 $38,220 $21,840 $10,920 $16,380 $8,190\nCouncil of ECU $87,360 $43,680 $38,220 $21,840 $10,920 $16,380 $8,190\nSenate of UWA $0 $0 $0 $0 $0 $0 $0\nKalgoorlie\nCampus Council\nof Curtin\nUniversity\n$0 $0 $0 $0 $0 $0 $0\nECU South West\nCampus Advisory\nBoard\n$0 $0 $0 $0 $0 $0 $0\nAdvisory Board of\nthe Western\nAustralian\nAcademy of\nPerforming Arts\n(ECU)\n$0 $0 $0 $0 $0 $0 $0\nPART 3—EXPENSES\nThis Part deals with the reimbursement of reasonable out of pocket expenses incurred in carrying out\napproved duties of the office.\n3.1 General\nAll members of a Governing Council may, upon application to the University, be reimbursed for\nreasonable out of pocket expenses for which they are not otherwise reimbursed.\nThe expenses must have been incurred while performing Council-approved duties.\nReimbursements should not be used so that a member receives any personal benefit from the\nreimbursement.\nEach University should develop guidelines on what is considered an approved expense.\nAny reimbursements must be approved by the Council or by an appropriate approving authority of\nthe University.\nAll claims for reimbursement must be supported by documentation such as receipts.\n\n10 December 2024 GOVERNMENT GAZETTE, WA 2953\n3.2 Reimbursement of Expenses\nTravel expenses to and from approved University events may be claimed, subject to the approval\nof the Governing Council, and shall not exceed the rates outlined in the reimbursement of travel\nexpenses, located on the Public Sector Commission website under “Remuneration of Government\nBoards and Committees”.\nA University may approve professional development expenses for members to be\ncovered/reimbursed subject to the approval of the University Governing Council.\nAny other reasonable out of pocket expenses may be approved subject to the relevant approvals of\nthe University Governing Council.\nSigned on 21 November 2024.\nE Prof M. SEARES AO Hon. J. DAY Dr M. SCHAPER\nChair Member Member\nSalaries and Allowances Tribunal\n———————————\nSA402\nSALARIES AND ALLOWANCES ACT 1975\nDETERMINATION VARIATION\nPREAMBLE\nThe Salaries and Allowances Tribunal has issued a determination to reflect changes in relation to the\nfollowing offices in the Special Division of the WA Public Service and Prescribed Offices—\n• Managing Director Metronet, Department of Transport; and\n• Senior Consultant State Prosecutor, Office of the Director of Public Prosecutions\nDETERMINATION\nVARIATION 1 (effective on and from 24 October 2024)\nThe Determination of the Salaries and Allowances Tribunal made on 21 June 2024 under sections\n6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time, is hereby\nvaried by a determination set out below, with effect on and from 24 October 2024.\nDelete the reference to the office below, as it appears in ‘Table 3: Special Division Non-CEOs’ within\nPart 1 of the First Schedule, and insert the following—\nOffice Department or Agency Band Office\nHolder Salary\nManaging Director\nMetronet Transport 2 A Vincent $339,333\nVARIATION 2 (effective on and from 05 November 2024)\nThe Determination of the Salaries and Allowances Tribunal made on 21 June 2024 under sections\n6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time, is hereby\nvaried by a determination set out below, with effect on and from 05 November 2024.\nInsert the following into ‘Table 12: Remuneration and Offices’ within Part 1 of the Second\nSchedule—\nOffice Department or Agency Band Office\nHolder Salary\nSenior Consultant State\nProsecutor\nOffice of the Director of Public\nProsecutions 3 B Stanwix SC $377,918*\n* includes $10,000 premium in recognition of appointment as Senior Counsel.\nSigned on 25 November 2024.\nE Prof M. SEARES AO Hon. J. DAY Dr M. SCHAPER\nChair Member Member\nSalaries and Allowances Tribunal\n\n2954 GOVERNMENT GAZETTE, WA 10 December 2024\nPUBLIC NOTICES\nZZ401\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nDavid Anderson, late of 8 Morris Court, Gosnells, Western Australia, Scheduler, 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 31 May 2024 are required by the Administrator\nIsabella Farr of care of Curae Law, Level 3, 16 Irwin Street, Perth WA 6000 to send particulars of their\nclaims to her by the date being one month from the date of publication of this notice after which date\nthe administrator may convey or distribute the assets having regard only to the claims of which she\nthen has notice.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This local law expressly amends and replaces specified waste-related provisions of the Shire of Denmark Health Local Law 1998 (clause 1.4), moving waste regulation into a standalone Waste Local Law aligned with the Waste Avoidance and Resource Recovery Act 2007 and the Local Government Act 1995 (clauses 1.5, 1.7–1.8). It consolidates powers for the local government to determine receptacle types/weights, collection arrangements, fees, exemptions and enforcement, and introduces a detailed schedule of offences and modified penalties (Parts 2–5; Schedules 1–2)."},"complexity_factors":["Extensive definitions and cross-references to state statutes (WARR Act, LG Act, LG Regulations) increasing legal interdependence (clauses 1.5, 1.7–1.8).","Multiple operational rules with quantitative limits (weight caps for 240 L receptacles; duties on placement and collection times) requiring local administration and measurement (clauses 2.3–2.7).","Discretion granted to the local government and authorised persons to make determinations, approve exemptions and issue directions, creating delegated decision-making and administrative burden (clauses 1.6, 2.6, 2.8).","Layered enforcement architecture: prescribed offences with modified penalties, general criminal penalties, continuing offence daily fines, and recoverable remedial costs (Part 5; Schedule 2).","Procedural integration with objection/appeal mechanisms under the LG Act and requirements for local public notice of determinations (clause 5.1; clause 1.6).","Schedules enumerating non-collectable waste and a long schedule of prescribed offences with varied penalty levels (Schedules 1 and 2), increasing compliance complexity for users.","Fee and charge mechanisms and exceptions (credit arrangements, local government deposit exemptions) that require administrative systems (clause 4.4)."],"plain_english_summary":"The Shire of Denmark Waste Local Law 2024 creates a dedicated local-law framework for waste within the Shire. It replaces specified waste provisions of the 1998 Health Local Law and sets rules on supply, placement, permitted contents and weight limits of receptacles, verge and waste-facility operations, fees, exemptions, offences and penalties. It affects property owners and occupiers, waste contractors and users of local waste facilities, and empowers the local government to determine collection arrangements, fees and enforcement measures."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The document represents a standard Government Gazette publication containing multiple instruments within their expected scope. The Waste Local Law replaces specific sections of a 1998 law but remains within the scope of local waste management. The dangerous goods determination updates previous safety rules. The salaries determination continues the Tribunal's annual review function. No instrument appears to have expanded beyond its original legislative purpose."},"complexity_factors":["Multiple distinct legislative instruments in one document (waste local law, dangerous goods determination, salaries determination, and miscellaneous notices)","The Waste Local Law contains 42 separate offence provisions with specific penalty amounts ranging from $100 to $5,000","Extensive cross-referencing to other Acts: Local Government Act 1995, Waste Avoidance and Resource Recovery Act 2007, Environmental Protection Act 1986, and various regulations","Nested conditional logic in clause 1.6 regarding how local government determinations take effect and expire (annual notice requirements)","Joint and several liability provisions (clause 1.5(2)) creating shared legal responsibility between owners and occupiers","Multiple defined terms (18+ definitions in clause 1.5 alone) including circular references to other legislation","Exemption provisions with conditions and revocation mechanisms (clause 2.8)","The Salaries Determination includes complex eligibility criteria excluding various categories of public officials and pro-rata calculation requirements"],"plain_english_summary":"The Gazette publishes new local and statewide rules: a Shire of Denmark waste law setting household and tip controls, bin use requirements and fines; a statewide ban on placarded dangerous‑goods trucks in road tunnels except under strict safety permissions; and a Salaries and Allowances Tribunal decision raising university council fees (4% from Jan 2025) and adjusting student member pay and payment processes. It also records planning, venue and estate notices. These instruments impose enforceable duties affecting residents, transport operators and university governance costs."}},"importantCases":[],"_links":{"self":"/api/acts/shie-of-denmark","history":"/api/acts/shie-of-denmark/history","analysis":"/api/acts/shie-of-denmark/analysis","conflicts":"/api/acts/shie-of-denmark/conflicts","importantCases":"/api/acts/shie-of-denmark/important-cases","documents":"/api/acts/shie-of-denmark/documents"}}