{"id":"wa-local:denmark-shire-of-shire-of-denmark-fencing-local-law-2024","name":"Shire of Denmark - Fencing Local Law 2024","slug":"shire-of-denmark-fencing-local-law-2024","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437777,"registerId":"wa-local:denmark-shire-of-shire-of-denmark-fencing-local-law-2024-pdf-1775954485580","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of Denmark - Fencing Local Law 2024","content":"1663\nISSN 2204-4264 (online)\nPERTH, FRIDAY, 5 JULY 2024 No. 81\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nCONTENTS\nPage\nAgriculture and Food ......................................................................................................................... 1665\nConsumer Protection ......................................................................................................................... 1665\nFire and Emergency Services ............................................................................................................ 1666\nGovernment Employees Superannuation Board .............................................................................. 1667\nJustice ................................................................................................................................................ 1667\nLocal Government .............................................................................................................................. 1668\nMinerals and Petroleum .................................................................................................................... 1682\nParliament ......................................................................................................................................... 1683\nPlanning ............................................................................................................................................. 1683\nPremier and Cabinet ......................................................................................................................... 1685\nPublic Notices..................................................................................................................................... 1687\nRegional Development ....................................................................................................................... 1685\nTransport............................................................................................................................................ 1686\n\nIMPORTANT COPYRIGHT NOTICE\n© State of Western Australia\nThis work is copyright. Apart from any use as permitted under the\nCopyright Act 1968, no part\nmay be reproduced by any process without written permission from the Attorney General for\nWestern Australia. Enquiries in the first instance should be directed to the Government Printer,\nParliamentary Counsel’s Office, publications@pco.wa.gov.au.\nNote: A Creative Commons Attribution 4.0 International Licence (CC BY 4.0) applies with\nrespect to material on the WA Legislation Website (with certain exceptions), and to copies of Acts,\nand reprints of Acts and subsidiary legislation, printed by the Government Printer. To view\nrelevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\nPUBLISHING DETAILS\nThe Western Australian\nGovernment Gazette is published by the Government Printer for the State of\nWestern Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or\nunforeseen circumstances.\nSpecial\nGovernment Gazettes containing notices of an urgent or particular nature are published\nperiodically.\nThe following guidelines should be followed to ensure publication in the\nGovernment Gazette—\n• Material submitted to the Executive Council prior to gazettal will require a copy of the signed\nExecutive Council Minute Paper.\n• Copy must be lodged with the Publications Officer, Department of the Premier and Cabinet no\nlater than 12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)—\nEmail address:\ngazette@dpc.wa.gov.au\n• Enquiries regarding publication of notices can be directed to the Publications Officer on\n(08) 6552 6012.\n• Enquiries regarding payment of notices can be directed to (08) 6552 6000 or\nsales@dpc.wa.gov.au\n• Lengthy or complicated notices should be forwarded early to allow for preparation.\nFailure to observe this request could result in the notice being held over.\nAfter lodging any notices, confirmation is not required by post.\nIf original copy is forwarded later and\npublished, the cost will be borne by the advertiser.\nADVERTISING RATES AND PAYMENTS\nEFFECTIVE FROM 1 JULY 2024 (Prices include GST)\nPublic Notices Section—$80.16 minimum charge (except items of an exceptionally large nature. In these\ninstances arrangements will be made for pricing the notice at time of lodging).\nAll other Notices—\nPer Column Centimetre—$15.99\nBulk Notices—$292.74 per page\nClients who have an account will only be invoiced for charges over $100.\nFor charges under $100, clients will need to supply credit card details at time of lodging notice\n(i.e. a notice under 7cm would not be invoiced).\nClients without an account will need to supply credit card details at the time of lodging the notice.\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1665\nAGRICULTURE AND FOOD\nAG401\nBIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007\nBIOSECURITY AND AGRICULTURE MANAGEMENT REGULATIONS 2013\nBIOSECURITY AND AGRICULTURE MANAGEMENT (DECLARED PESTS)\nDECLARATION (NO. 2) 2024\nMade by the Minister for Agriculture and Food under section 22 of the Act and regulation 7 of the\nRegulations.\n1. Citation\nThis declaration is the\nBiosecurity and Agriculture Management (Declared Pests) Declaration (No 2)\n2024.\n2. Declared Pests\n(1) The organism listed below is declared under section 22(2) of the Act to be a Declared Pests.\n(2) The organism listed below is assigned under regulation 7 to the control categories as listed for the\nareas as listed.\n(3) The organism listed below is assigned under regulation 7 to the keeping categories as listed for the\nareas as listed.\n(4) All previous declarations under the Act relating to the organism specified below are revoked.\nFull organism name Category Area declared\nHylotrupes bajulus (European\nHouse Borer, aka ‘EHB’) (Linné,\n1758)\nC1 Exclusion\nProhibited Keeping\nAll of the state except those zones\ndesignated as Restricted Movement\nZones (RMZs) or Priority Movement\nZones (PMZs) under the ARRP (EHB)\nRegulations 2006.\nC3 Management\nProhibited Keeping\nAny part of the state within those zones\ndesignated as Restricted Movement\nZones (RMZs) or Priority Movement\nZones (PMZs) under the ARRP (EHB)\nRegulations 2006.\nDated 26 June 2024.\nHon. JACKIE JARVIS, MLC, Minister for Agriculture and Food.\nCONSUMER PROTECTION\nCP401\nRETAIL TRADING HOURS ACT 1987\nRETAIL TRADING HOURS (SHIRE OF WAGIN) VARIATION ORDER 2024\nMade by the Minister for Commerce under section 12E of the Act.\n1. Citation\nThis order is the\nRetail Trading Hours (Shire of Wagin) Variation Order 2024.\n2. Commencement\nThis order comes into operation as follows—\n(a) clauses 1 and 2—on the day on which this order is published in the\nGazette;\n(b) the rest of the order—on the day after that day.\n3. Variation of retail trading hours\n(1) The general retail shop known as Wagin Foodworks Supermarket, located at 3/11 Tavistock Street,\nWagin is authorised to be open at times when that shop would otherwise be required to be closed—\n(a) on Sunday in each week from 11.00am until 5.00pm\n(2) Despite subclause (1), this order does not authorise the shop referred to in that subclause to be\nopen on Easter Sunday, ANZAC Day or Christmas Day.\nDated 2nd July 2024.\nHon. SUE ELLERY, MLC, Minister for Commerce.\n\n1666 GOVERNMENT GAZETTE, WA 5 July 2024\nFIRE AND EMERGENCY SERVICES\nFE401\nBUSH FIRES ACT 1954\nBUSH FIRES (PROHIBITED BURNING TIMES) AMENDMENT NOTICE (NO.7) 2024\nMade by the FES Commissioner of the Department of Fire and Emergency Services under section 17(1)\nof the\nBush Fires Act 1954.\n1. Citation\nThis notice is the\nBush Fires (Prohibited Burning Times) Amendment Notice (No.7) 2024.\n2. Commencement\nThis notice comes into operation as follows—\n(a) clauses 1 and 2—on the day on which this notice is published in the\nGazette;\n(b) the rest of the notice—on the day after that day.\n3. The notice amended\nThe amendments in this notice are to the\nBush Fires (Prohibited Burning Times) Declaration 2012*.\n[* Published in\nGazette 3 February 2012, p. 610-615.]\n4. Schedule 1 amended\nSchedule 1 is amended by deleting the prohibited burning times of the City of Greater Geraldton and\ninserting the following instead—\nProhibited Burning Time Zone of the State\n1 October—28 February City of Greater Geraldton\nDated 27 June 2024.\nDARREN KLEMM AFSM, FES Commissioner of the Department\nof Fire and Emergency Services, as a delegate of the Minister\nunder section 15 of the\nFire and Emergency Services Act 1998.\n———————————\nFE402\nBUSH FIRES ACT 1954\nBUSH FIRES (RESTRICTED BURNING TIMES) AMENDMENT NOTICE (NO. 2) 2024\nMade by the FES Commissioner of the Department of Fire and Emergency Services under section 18(2)\nof the\nBush Fires Act 1954.\n1. Citation\nThis notice is the\nBush Fires (Restricted Burning Times) Amendment Notice (No. 2) 2024.\n2. Commencement\nThis notice comes into operation as follows—\n(a) clauses 1 and 2—on the day on which this notice is published in the\nGazette;\n(b) the rest of the notice—on the day after that day.\n3. The notice amended\nThe amendments in this notice are to the\nBush Fires (Restricted Burning Times) Notice 2012*.\n[* Published in\nGazette 3 February 2012, p. 615-619.]\n4. Schedule 1 amended\nSchedule 1 is amended by deleting the restricted burning times of the City of Greater Geraldton and\ninserting the following instead—\nRestricted Burning Time Zone of the State\n15 September—15 March City of Greater Geraldton\nDated 27 June 2024.\nDARREN KLEMM AFSM, FES Commissioner of\nthe Department of Fire and Emergency Services.\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1667\nGOVERNMENT EMPLOYEES SUPERANNUATION BOARD\nGZ401\nSTATE SUPERANNUATION ACT 2000\nELECTED PERSON\nGovernment Employees Superannuation Board,\nDavid Malcolm Justice Centre,\n28 Barrack Street,\nPerth WA 6000.\nIn accordance with section 8(1)(c) and clauses 3 and 4 of Schedule 1 to the\nState Superannuation\nAct 2000 notice is given that UnionsWA conducted an election for an employee representative on the\nGovernment Employees Superannuation Board.\nThe following person has been declared as elected to the position of an Employee Representative on the\nGovernment Employees Superannuation Board for a three-year term commencing on 3 July 2024.\nName\nMr Bruce Hawkins\nMr BEN PALMER, Chief Executive Officer.\nJUSTICE\nJU401\nCOURT SECURITY AND CUSTODIAL SERVICES ACT 1999\nPERMIT DETAILS ISSUED\nThe following permits have been issued pursuant to Section 51 of the\nCourt Security and Custodial\nServices Act 1999 –\nSurname First Name(s) Permit Number\nLaiseni Lucy Maraea 243214\nLewis Shontae Kayla 243215\nMoyses Dylan Robert 243216\nTupe Seilala 243217\nTwomey Damien Peter 240601\nDated 1 July 2024.\nBRAD ROYCE APM, Commissioner.\n———————————\nJU402\nCOURT SECURITY AND CUSTODIAL SERVICES ACT 1999\nPERMIT DETAILS REVOKED\nThe following permits have been revoked pursuant to Section 56(1) of the\nCourt Security and Custodial\nServices Act 1999 –\nSurname First Name(s) Permit Number\nCassidy Ngaroria Eva Rose 232705\nFreeman Shantae Paige 232207\nParkinson Nadine 210059\nPollard Soren Peter 220043\nSidhu Gagan Deep 242914\nDated 28 June 2024.\nBRAD ROYCE APM, Commissioner.\n\n1668 GOVERNMENT GAZETTE, WA 5 July 2024\nLOCAL GOVERNMENT\nLG401\nLOCAL GOVERNMENT ACT 1995\nShire of Waroona\nBASIS OF RATES\nI, Suleila Felton, being delegated by the Minister of the Crown to whom the administration of the\nLocal\nGovernment Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,\nhereby, and with effect from 22 June 2024, determined that the method of valuation to be used by the\nShire of Waroona as the basis for a rate in respect of the land referred to in the Schedule is to be the\ngross rental value of the land;\nSchedule\nDesignated Land\nUV to GRV All that portion of land being Lot 701 as shown on Deposited Plan 59305.\nSULEILA FELTON, A/Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————\nLG402\nLOCAL GOVERNMENT ACT 1995\nShire of Serpentine Jarrahdale\nBASIS OF RATES\nI, Suleila Felton, being delegated by the Minister of the Crown to whom the administration of the\nLocal\nGovernment Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,\nhereby, and with effect from 25 June 2024, determined that the method of valuation to be used by the\nShire of Serpentine Jarrahdale 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 Lot 170 and Lot 171 as shown on Deposited Plan\n422304.\nSULEILA FELTON, A/Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————\nLG403\nLOCAL GOVERNMENT ACT 1995\nBUSH FIRES ACT 1954\nShire of Mt Marshall\nBUSH FIRE BRIGADES LOCAL LAW 2024\nPART 1—PRELIMINARY\n1.1 Citation and Application\n(1) This local law may be cited as the Shire of Mt Marshall Bush Fire Brigades Local Law 2024 and\nshall apply throughout the district and is made in accordance with subdivision 2 of Division 2 of\nPart 3 of the\nLocal Government Act 1995.\n(2) The Chief Executive Officer shall prepare, adopt, and implement Bush Fire Brigade Operating\nProcedures.\n1.2 Commencement\nThis local law will come into operation 14 days after the day on which it is published in the\nGovernment\nGazette.\n1.3 Interpretation\n(1) In this local law unless the context specifies otherwise—\nAct means the\nBush Fires Act 1954;\nBush Fire Brigade means a Bush Fire Brigade for the time being registered in a register kept\npursuant to\nSection 41 of the Bush Fires Act 1954;\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1669\nBush Fire Control Officer/s means the duly appointed Bush Fire Control Officer/s of the Shire\nof Mt Marshall Bush Fire Brigades by the Local Government.\nBush Fire Brigade Member means members of the Bush Fire Brigade, which may include the\nBush Fire Control Officer/s.\nChief Bush Fire Control Officer means the duly appointed Chief Bush Fire Control Officer of\nthe Shire of Mt Marshall;\nChief Executive Officer means the Chief Executive Officer of the Shire of Mt Marshall;\nDeputy Chief Bush Fire Control Officer/s means the duly appointed Deputy Chief Bush Fire\nControl Officer/s of the Shire of Mt Marshall;\nDistrict means the district of the Local Government;\nLocal Government means the Shire of Mt Marshall;\nNormal Brigade Activities is defined by section 35A of the Act\n;\nProcedures means the Bush Fire Brigade Operating Procedures prepared, adopted and\nimplemented by the Chief Executive Officer as amended from time to time;\nRegulations means Regulations made under the Act;\n(2) In this local law, unless the context otherwise requires, a reference to—\n(a) a Captain;\n(b) a Bush Fire Control Officer;\n(c) a First Lieutenant;\n(d) a Second Lieutenant;\n(e) any additional Lieutenants;\n(f) a President\n(g) a Secretary\n(h) a Treasurer\nmeans a person holding that position in a Bush Fire Brigade.\nPART 2—BUSH FIRE BRIGADES\n2.1 Establishment of Bush Fire Brigades\n(1) The Local Government may establish a Bush Fire Brigade for the purpose of carrying out Normal\nBrigade Activities.\n(2) A Bush Fire Brigade is established on the date of the Local Government’s decision under clause\n2.1(1).\n2.2 Name and Officers of Bush Fire Brigades\n(1) On establishing a Bush Fire Brigade under clause 2.1(1), the Local Government is to—\n(a) Give a name to the Bush Fire Brigade;\n(b) Specify the Brigade Area in which the Bush Fire Brigade is primarily responsible for carrying\nout the Normal Brigade Activities; and\n(c) Appoint—\n(i) a Captain;\n(ii) Bush Fire Control Officers;\n(iii) a First Lieutenant;\n(iv) a Second Lieutenant;\n(v) any additional Lieutenants\n(vi) a President\n(vii) a Secretary\n(viii) a Treasurer\n(2) A person appointed to a position pursuant to clause 2.2(1)(c) is to be taken to be a brigade member.\n(3) The appointments referred to in clause 2.2(1)(c) expire at the completion of the first annual general\nmeeting of the Bush Fire Brigade.\n(4) An election is to be held in accordance with the Procedures at the first annual general meeting by\nthe members of the Bush Fire Brigade for appointments to the positions referred to in clause\n2.2(1)(c) and every subsequent annual general meeting with the exception of Bush Fire Control\nOfficer(s) who are appointed by the Local Government.\n(5) If a position referred to in clause 2.2(1)(c) (with the exception of Bush Fire Control Officer(s))\nbecomes vacant prior to the completion of the first annual general meeting of the Bush Fire Brigade\nor at any time, then the Bush Fire Brigade members are to vote for a replacement member to be\nappointed in the position in accordance with the Procedures.\n(6) Any other Bush Fire Brigade members not listed in clause 2.2(1)(c) will be elected in accordance\nwith the Procedures.\n\n1670 GOVERNMENT GAZETTE, WA 5 July 2024\nPART 3—DISSOLUTION OF BUSH FIRE BRIGADES\n3.1 Cancellation of Registration\n(1) In accordance with Section 41(3) of the\nBush Fires Act 1954, the Local Government may cancel the\nregistration of a Bush Fire Brigade if it is of the opinion that the Bush Fire Brigade is not complying\nwith the Act, this local law, the Procedures or is not achieving the objectives for which it was\nestablished.\n(2) Upon a Bush Fire Brigade’s dissolution, the equipment, assets and funds of the brigade shall be\nplaced under the control of the Local Government and dealt with in accordance with the\nLocal\nGovernment Act 1995.\n3.2 New arrangement after dissolution\nIf a Local Government cancels the registration of a Bush Fire Brigade, alternative arrangements are to\nbe made in respect of the Brigade Area.\nPART 4—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\n4.1 Local Government responsible for Structure\n(1) The Local Government is to ensure that there is an appropriate structure through which the\norganisation of Bush Fire Brigades is maintained.\n(2) The Chief Executive Officer is to prepare, adopt and implement Procedures to govern the operation\nof a Bush Fire Brigade.\n(3) The Local Government may make other applicable rules, policies and procedures as determined\nnecessary by the Local Government.\n4.2 Variation of Procedures\n(1) The Chief Executive Officer, in consultation with the Chief Bush Fire Control Officer may vary the\nProcedures and their application to all Bush Fire Brigades.\n(2) The Chief Executive Officer is to notify all Bush Fire Brigades of any variation to the Procedures\nas soon as practicable.\n4.3 Bush Fire Brigades to be supplied with Act, Procedures and Policies\nThe Chief Executive Officer is to supply each Bush Fire Brigade with a copy of the Act, the Regulations,\nthis local law, the Procedures, and any other policies which may be applicable and relevant to the\nperformance of the Bush Fire Brigade’s functions, and any amendments, which are made thereto from\ntime to time.\n4.4 Managerial Role of Chief Bush Fire Control Officer\nSubject to any directions by the Local Government, the Chief Bush Fire Control Officer has primary\nmanagerial responsibility for the organisation and maintenance of Bush Fire Brigades.\n4.5 Duties of Chief Bush Fire Control Officer\nThe duties will include—\n(1) Where a vacancy occurs in a position appointed under clause 2.2(1)(c), to—\n(i) Advise the Chief Executive Officer of the vacancy as soon as practicable; and\n(ii) Make alternate suitable arrangements for that position until an appointment is made.\n(2) Nominate suitably qualified persons to the Chief Executive Officer for appointment as Bush Fire\nControl Officers by the Local Government;\n(3) Report to the Chief Executive Officer not later than 31 March each year, for consideration and\nappropriate provision being made in the next Local Government budget, the status of a Bush Fire\nBrigade’s—\n(i) Training and readiness;\n(ii) Protective clothing;\n(iii) Equipment; and\n(iv) Vehicles and appliances.\n(4) Provide leadership to volunteer Bush Fire Brigades;\n(5) Monitor Bush Fire Brigades’ resourcing, equipment (including protective clothing) and training\nlevels and report thereon with recommendations at least once a year to the Local Government or\nas directed by the Chief Executive Officer;\n(6) Liaise with the Local Government concerning fire prevention/suppression matters generally and\ndirections to be issued by the Local Government to Bush Fire Control Officers;\n(7) Ensure that Bush Fire Brigades are registered and that the lists of brigade members are\nmaintained in accordance with the Procedures; and\nIn this clause—\nChief Bush Fire Control Officer includes the Deputy Chief Bush Fire Control Officer/s\nappointed by the Local Government, who may be acting in this position from time to time.\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1671\n4.6 Captain and Bush Fire Brigade officers\n(1) The duties of the Captain are to—\n(a) Provide leadership to Bush Fire Brigades;\n(b) Monitor Bush Fire Brigades’ resourcing, equipment and training levels;\n(c) Liaise with the Local Government concerning—\n(i) fire prevention or fire suppression matters generally;\n(ii) Bush Fire Brigade officers;\n(d) Ensure that a list of Bush Fire Brigade members is maintained;\n(e) Report annually to the local government the office bearers of the Bush Fire Brigade in\naccordance with the Regulations; and\n(f) Arrange for Normal Brigade Activities as authorised by the Act or by the Local Government.\n(2) The duties of other Bush Fire Brigade Officers are to support the Captain in their role.\nPART 5—ADMINISTRATION OF BUSH FIRE BRIGADES\n5.1 Types of Membership of Bush Fire Brigade\nThe types of membership of a Bush Fire Brigade shall be in accordance with the definitions contained\nin the Procedures.\n5.2 Brigade Membership\n(1) The appointment, determination, dismissal and management of Bush Fire Brigade membership is\ngoverned by the Procedures.\n(2) Applications for membership, including registration of Bush Fire Brigade members, is to be in\naccordance with the Procedures.\n(3) Membership of the Bush Fire Brigade terminates if the member—\n(i) dies\n(ii) gives written notice of resignation;\n(iii) does not maintain brigade training currency in line with the Procedures;\n(iv) becomes permanently incapacitated. or\n(v) is dismissed by the relevant decision maker in accordance with the Procedures.\n(4) The Chief Bush Fire Control Officer may terminate the membership of any brigade member who is\ndetermined to be, or considered to be, unfit to serve as a member of a Bush Fire Brigade. A member\nbeing considered unfit to serve is to be determined and defined in accordance with the Procedures\nand must follow processes of natural justice and procedural fairness as set out in the Procedures.\n(5) Membership of a Bush Fire Brigade member may be suspended at any time if, in the opinion of the\nChief Bush Fire Control Officer, circumstances warrant suspending the member. A decision made\nto suspend must be in accordance with the Procedures and must follow processes of natural justice\nand procedural fairness as set out in the Procedures.\n(6) Where the Chief Bushfire Control Officer is involved in an incident or has a conflict of interest in\nthe particular termination under clause (4) or suspension under clause (5), then the Chief Executive\nOfficer should make the determination as they think fit.\n(7) Upon the expiry of the period of suspension under either clause 5 or 6, the relevant decision maker\nmay—\n(i) extend the period of suspension;\n(ii) terminate the membership; or\n(iii) reinstate the membership.\n(8) The resignation or dismissal of a member under clause 5.2(3) does not affect any liability of the\nbrigade member arising prior to the date of resignation or dismissal.\n5.3 Grievance\n(1) Grievances shall be managed in accordance with the Procedures and applicable policies.\n(2) In respect to grievance complaints or submissions, where the complaint relates to or is made\nagainst the Chief Bush Fire Control Officer, Deputy Chief Bush Fire Control Officer/s or Bush Fire\nControl Officers the matter will be determined by the Local Government.\n(3) The Local Government shall be the final decision making authority in regards to the grievances\nassociated with membership and conduct of brigade members.\n5.4 Meetings of Bush Fire Brigades\n(1) All Bush Fire Brigade meetings are to be conducted in accordance with the Procedures.\n(2) In this clause, a reference to a Bush Fire Brigade meeting means an—\n(i) Annual general meeting of a Bush Fire Brigade to be held once each year;\n(ii) Ordinary meeting of a Bush Fire Brigade; or\n(iii) Special meeting of a Bush Fire Brigade.\n(3) Chief Bush Fire Control Officer may attend any brigade meeting as a non-voting member.\n\n1672 GOVERNMENT GAZETTE, WA 5 July 2024\n5.5 Equipment and Maintenance of Bush Fire Brigades\nThe maintenance, replacement and upkeep of all Bush Fire Brigade protective clothing, equipment and\nappliances is to be in accordance with the Procedures.\nPART 6—GENERAL\n6.1 Consideration in the local government budget\nIn addition to funding made available through emergency services grants, the Local Government may\nprovide further funding depending upon the assessment of budget priorities for the year in question in\naccordance with Part 6 of the\nLocal Government Act 1995.\nDated 18th June 2024.\nBEN MCKAY, Chief Executive Officer.\n———————————\nLG404\nLOCAL GOVERNMENT ACT 1995\nCity of Swan\nBASIS OF RATES\nI, Suleila Felton, being delegated by the Minister of the Crown to whom the administration of the\nLocal\nGovernment Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,\nhereby, and with effect from 27 June 2024, determined that the method of valuation to be used by the\nCity of Swan as the basis for a rate in respect of the land referred to in the Schedule is to be the gross\nrental value of the land;\nDesignated Land\nUV to GRV All those portions of land comprised in the schedules below—\nSCHEDULE ‘A’\nAll that portion of land being Lot 136 as shown on Plan 3598.\nSCHEDULE ‘C’\nAll that portion of land being Lot 109 as shown on Deposited Plan 30686.\nSULEILA FELTON, A/Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————\nLG405\nLOCAL GOVERNMENT ACT 1995\nCity of Kwinana\nBASIS OF RATES\nI, Suleila Felton, being delegated by the Minister of the Crown to whom the administration of the\nLocal\nGovernment Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,\nhereby, and with effect from 27 June 2024, determined that the method of valuation to be used by the\nCity of Kwinana as the basis for a rate in respect of the land referred to in the Schedule is to be the\ngross rental value of the land;\nSchedule\nDesignated Land\nUV to GRV All those portions of land being Lots 646 to 650 inclusive, Lots 697 to 710 inclusive,\nLots 720 to 737 inclusive and Lots 750 to 757 inclusive as shown on Deposited Plan\n427296.\nSULEILA FELTON, A/Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1673\nLG406\nLOCAL GOVERNMENT ACT 1995\nShire of Chittering\nBASIS OF RATES\nI, Suleila Felton, being delegated by the Minister of the Crown to whom the administration of the\nLocal\nGovernment Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,\nhereby, and with effect from 17 June 2024, determined that the method of valuation to be used by the\nShire of Chittering as the basis for a rate in respect of the land referred to in the Schedule is to be the\ngross rental value of the land;\nSchedule\nDesignated Land\nUV to GRV All those portions of land being Lot 1, Lot 2, Lot 13 and Lot 42 as shown on\nDeposited Plan 427129.\nSULEILA FELTON, A/Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————\nLG407\nLOCAL GOVERNMENT ACT 1995\nShire of Denmark\nFENCING LOCAL LAW 2024\nUnder the powers conferred by the\nLocal Government Act 1995 and under all other powers enabling it,\nthe Council of the Shire of Denmark resolved on 25 June 2024 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the\nShire of Denmark Fencing Local Law 2024.\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\nShire of Denmark Local Laws Relating to Fencing published in the\nGovernment Gazette on 29 May\n2001 and amended by the\nGovernment Gazette on 14 November 2008 are repealed.\n1.4 Application\nThis local law applies throughout the district.\n1.5 Terms used\nIn this local law unless the context otherwise requires—\nadversely affect land has the meaning given to it in section 3 of the\nBuilding Act 2011;\napplicant means a person who makes an application for a licence under this local law;\nAS or AS/NZS means an Australian or Australian/New Zealand Standard published by Standards\nAustralia, and available for viewing free of charge at the Shire of Denmark Shire Office;\nauthorised person means a person authorised by the local government to perform any of the\nfunctions under this local law and includes the CEO;\nbarbed wire means a wire or strand of wires having small pieces of sharply pointed wire twisted\naround it at short intervals;\nbuilding setback has the meaning given to it in the local planning scheme;\nCEO means the Chief Executive Officer of the local government;\ncommercial lot means a lot situated within a commercial zone as classified under a local planning\nscheme;\ndangerous in relation to any fence means—\n(a) an electrified fence that does not comply with clause 5.2 or 5.3 of this local law;\n(b) a fence containing barbed wire other than a fence constructed and maintained in\naccordance with this local law;\n(c) a fence containing exposed broken glass, asbestos fibre, razor wire, metal spikes\nexcluding manufactured decorative fencing panels, or any other potentially harmful\nprojection or material; or\n(d) a fence that is likely to collapse or fall, or part of which is likely to collapse or fall, from\nany cause;\ndistrict means the district of the local government;\ndividing fence has the meaning given in section 5 of the\nDividing Fences Act 1961;\n\n1674 GOVERNMENT GAZETTE, WA 5 July 2024\nelectrified fence means a fence carrying or designed to carry an electric charge for the purposes\nof either—\n(a) stock control; or\n(b) security;\nfence means any structure used or functioning as a barrier, other than a retaining wall,\nirrespective of where it is located and includes a gate or door that separates the road reserve\nand a lot adjacent to the road reserve;\nfront boundary means the boundary that separates a thoroughfare and the front of a lot;\nfront fence means a fence in the front setback area of a lot;\nfront setback area means the area between the building line of a lot and the front boundary of\nthat lot; measured at a right angle to the front boundary;\ngeneral industry lot means a lot situated within a general industry zone as classified under a\nlocal planning scheme;\nheight in relation to a fence means the vertical distance between the top of the fence at any point\nand—\n(a) the ground level; or\n(b) where the ground levels on each side of the fence are not the same, the higher ground\nlevel, immediately below that point;\nindustrial lot means a lot situated within an industrial zone as classified under a local planning\nscheme;\nland includes a house, building, work or structure in or on the land;\nlandscape protection lot means a lot within a landscape protection zone as classified under a\nlocal planning scheme;\nlicence means a licence, permit or approval issued under this local law;\nlocal government means the Shire of Denmark;\nlocal planning scheme means a local planning scheme and includes any structure plan adopted\nor approved by the local government made under the\nPlanning and Development Act 2005;\nlot means a defined portion of land depicted on a plan or diagram available from, or deposited with,\nthe Western Australian Land Information Authority and for which a separate Crown grant or\ncertificate of title has been or can be issued and includes a strata lot;\nmasonry includes stone, concrete, brick or other solid material;\nnatural ground level, in relation to a development, means—\n(a) the level approved, for the purposes of the development, by the local government, under\na local planning scheme; or\n(b) in any other case, the level that existed immediately before the commencement of the\ndevelopment (including any site works);\nnotice of breach means a notice referred to in clause 8.1;\noccupier has the meaning given to it in section 1.4 of the\nLocal Government Act 1995;\nowner has the meaning given to it in section 1.4 of the\nLocal Government Act 1995;\nprofessional office lot means a lot within a professional office zone as classified under a local\nplanning scheme;\nrazor wire means a coiled strong wire with pieces of sharp cutting edges set across it at close\nintervals;\nrepair has the meaning given to it in section 5 of the\nDividing Fences Act 1961;\nresidential lot means a lot within a residential zone as classified under a local planning scheme;\nretaining wall means any structure that prevents the movement of soil in order to allow ground\nlevels of different elevations to exist adjacent to one another;\nrural lot means a lot within a rural zone as classified under a local planning scheme;\nrural—multiple occupancy means a lot within a rural multiple occupancy zone as classified\nunder a local planning scheme;\nSchedule means a Schedule to this local law;\nsecondary frontage in the case of a lot that has a frontage and access to more than one\nthoroughfare, means the longer or the longest of the boundaries that separates the lot from the\nthoroughfare;\nset fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of\nthe\nLocal Government Act 1995;\nspecial residential lot means a lot within a special residential zone as classified under a local\nplanning scheme;\nspecial rural lot means a lot within a special rural zone as classified under a local planning\nscheme;\nspecial use lot means a lot within a special use zone as classified under a local planning scheme;\nsufficient fence means a fence described in clause 2.2 or 2.3;\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1675\nthoroughfare has the meaning given to it in section 1.4 of the\nLocal Government Act 1995, but\ndoes not include a private thoroughfare that is not under the management or control of the\nlocal government;\ntourist lot means a lot within a tourist zone as classified under a local planning scheme;\nvisually permeable in reference to a wall, gate, door, screen or fence that the vertical surface\nwhen viewed directly from the street or other public space has—\n(a) continuous vertical or horizontal gaps of 50mm or greater width occupying not less than\none third of the total surface area;\n(b) continuous vertical or horizontal gaps less than 50mm in width, occupying at least one\nhalf of the total surface area in aggregate; or\n(c) a surface offering equal or lesser obstruction to view; and\nwatercourse means a river, stream or creek in which water flows in a natural channel, whether\npermanently or intermittently.\n1.6 Requirements of planning legislation and local planning scheme\nNothing within this local law affects any provision of—\n(a) the\nPlanning and Development Act 2005, or any regulations or orders made under that Act; or\n(b) a local planning scheme, or a local planning policy made under that scheme.\n1.7 Requirements of\nBuilding Act 2011\nNothing in this local law affects a provision in any written law in respect of a building permit for a\nfence.\n1.8 Transitional provision\nA dividing fence or fence lawfully constructed prior to this local law coming into operation constitutes\na sufficient fence.\nPART 2—SUFFICIENT FENCES\n2.1 Sufficient fences—requirement\nSubject to clause 2.4, a person shall not construct or alter a dividing fence that does not satisfy the\nrequirements of a sufficient fence.\n2.2 Sufficient fences—generally\nSubject to clauses 2.3 and 2.4, a sufficient fence—\n(a) on a residential lot, a commercial lot or a professional office lot is a dividing fence constructed\nand maintained in accordance with Schedule 1;\n(b) on a general industry and an industrial lot is a dividing fence constructed and maintained in\naccordance with Schedule 2; and\n(c) on a special residential lot, a rural lot, a rural multiple occupancy lot, a landscape protection\nlot, a tourist lot, a special rural lot and a special use lot is a dividing fence constructed and\nmaintained in accordance with Schedule 3.\n2.3 Sufficient fences—between lots having different requirements\nSubject to clause 2.4, where a fence is constructed on or near the boundary a sufficient fence is a fence\nconstructed and maintained—\nbetween a— and a— in accordance with—\nresidential lot\ncommercial lot\nprofessional office lot\ngeneral industry lot\nindustrial lot\nspecial residential lot\nrural lot\nrural multiple occupancy\nlandscape protection lot\nspecial rural lot\nspecial use lot\ntourist lot\nSchedule 1\ngeneral industry lot\nindustrial lot\nspecial residential lot\nrural lot\nrural multiple occupancy\nlandscape protection lot\nspecial rural lot\nspecial use lot\ntourist lot\nSchedule 2\n2.4 General discretion of the local government\n(1) Notwithstanding the provisions of clauses 2.1, 2.2 or 2.3, and subject to Part 6, an authorised person\nmay issue a licence for the construction or repair of a dividing fence that is not a sufficient fence\nwhere all of the owners of the lots adjoining the fence give written consent for a licence for that\npurpose.\n\n1676 GOVERNMENT GAZETTE, WA 5 July 2024\n(2) In determining whether to consent to the erection or repair of any fence, the authorised person may\nconsider, whether the construction or retention of the fence would have an adverse effect on—\n(a) the safe or convenient use of any land; or\n(b) the safety or convenience of any person.\n(3) An agreement in respect of a dangerous fence is taken not to be an agreement between owners of\nadjoining properties for the purposes of subclause (1).\nPART 3—FENCING GENERALLY\n3.1 Fences within front setback areas\nA person shall not construct a fence more than 1200mm in height, within the front setback area of a\nresidential lot unless—\n(a) in accordance with the Residential Design Codes; or\n(b) with approval of an authorised person.\n3.2 Fences on secondary frontages\nSubject to clauses 3.1 and 3.3 a person shall not construct or maintain a fence on any secondary frontage\nof a residential lot unless—\n(a) the fence is a sufficient fence;\n(b) in accordance with the Residential Design Codes; or\n(c) with approval of an authorised person.\n3.3 Sightlines at vehicle access point\n(1) Fences are to be truncated or reduced to a height not more than 750mm, within 1500mm where\nwalls, fences and other structures adjoin vehicle access points where a driveway meets a\nthoroughfare and where two thoroughfares intersect or—\n(a) in accordance with the Residential Design Codes; or\n(b) with approval of an authorised person.\n(2) The provision of subclause (1) shall not apply to a visually permeable fence that does not obscure\nthe lines of vision of a motorist using the driveway for access to a thoroughfare.\n3.4 Obstruction of watercourse\nNo person shall construct a fence of impervious material in any place, position or location where it will,\nor is likely to, act as a barrier to or restrict the flow of a watercourse.\n3.5 Gates or doors in fences\nA person shall not construct a gate or door in a fence that—\n(a) encroaches into or over any—\n(i) thoroughfare; or\n(ii) other land unless with the agreement of the owner of that land; or\n(b) opens by sliding parallel to the fence on the outside of the fence.\n3.6 Retaining walls\nA person shall not construct a retaining wall exceeding 500mm in height unless a building permit has\nbeen granted under section 20 of the\nBuilding Act 2011.\n3.7 Masonry fences and walls\nA person shall not construct a wall or fence exceeding 750mm in height constructed or partially\nconstructed of masonry unless a building permit has been granted under section 20 of the\nBuilding\nAct 2011.\n3.8 Alteration of ground levels\n(1) A person shall not alter the natural ground level of land on or within 1000mm of the boundary of a\nlot, whether by removing soil or bringing onto the land any fill of any kind, by more than 500mm—\n(a) unless in accordance with the Residential Design Codes; or\n(b) with approval of an authorised person.\n(2) A fence constructed of corrugated fibre-reinforced pressed cement shall not have more than 150mm\ndifference in the ground levels on each side of the fence.\n3.9 Maintenance of fences\n(1) An owner or occupier of a lot on which a fence is constructed shall maintain the fence in good\ncondition so as to prevent it from becoming damaged, dangerous, dilapidated or unsightly.\n(2) Where in the opinion of an authorised person, a fence is in a state of disrepair or is dangerous or is\notherwise in breach of a provision of this local law, an authorised person may give a notice of breach\nunder clause 8.1 to the owner or occupier of the lot on which the fence is constructed.\n3.10 Fences across rights-of-way, public access ways or thoroughfares\nA person shall not construct, place or maintain a fence or obstruction across any right-of-way, public\naccess way or thoroughfare without the approval of the local government in accordance with regulation\n9 of the\nLocal Government (Uniform Local Provisions) Regulations 1996.\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1677\nPART 4—FENCING MATERIALS\n4.1 Prohibited materials\nA person shall not construct, maintain or allow to remain a fence that is comprised, in whole or in part\nof broken glass, jagged materials, barbed wire, razor wire, asbestos or any other dangerous material\nexcept to the extent provided for in Part 5.\n4.2 Pre-used fencing materials\n(1) A person shall not construct or maintain a dividing fence from pre-used materials without a licence\nissued by an authorised person.\n(2) Where a licence is issued for the use of pre-used materials, the materials shall be structurally fit\nfor the purpose, and comply with any conditions imposed by an authorised person.\n(3) Conditions for use of pre-used fencing materials may include but are not limited to—\n(a) painting;\n(b) treatment;\n(c) specific use or placement; and\n(d) upgrading.\nPART 5—RESTRICTED FENCING\n5.1 Barbed wire fencing\n(1) An owner or occupier shall not affix or allow to remain any barbed wire on any fence bounding that\nlot where that lot is—\n(a) a residential lot;\n(b) a commercial lot or a professional office lot without the approval of an authorised person.\n(2) An owner or occupier of a, general industry lot or an industrial lot shall not construct or affix to\nany fence bounding that lot any barbed wire unless—\n(a) in accordance with Schedule 2;\n(b) the wire or material are attached on posts vertically or at an angle of 45 degrees; and\n(c) the bottom row of wire or other materials is not less than 2000mm above the ground level.\n(3) An owner or occupier of a special residential lot, a landscape protection lot, a rural lot, a rural\nmultiple occupancy lot, a special rural lot or tourist lot shall not place or affix barbed wire upon a\nfence on that lot where the fence is adjacent to a thoroughfare or other public place unless the\nbarbed wire is fixed to the side of the fence posts furthest from the thoroughfare or other public\nplace.\n(4) An owner or occupier of a special use lot shall not construct or affix to any fence bounding that lot\nany barbed wire unless—\n(a) the wire or material are attached on posts vertically or at an angle of 45 degrees; and\n(b) the bottom row of wire or other materials is not less than 2000mm above the ground level.\n(5) If the posts that carry the barbed wire or other materials referred to in subclauses (3) and (4) are\nangled towards the outside of the lot bounded by the fence, the face of the fence shall be set back\nfrom the lot boundary a sufficient distance to ensure that the angled posts, barbed wire or other\nmaterials do not encroach onto or over adjoining land.\n5.2 Electrified fencing for stock control\n(1) An owner or occupier of a lot shall not construct or use an electrified fence on that lot without first\nobtaining a licence.\n(2) Notwithstanding subclause (1), a licence is not required for an electrified fence that is—\n(a) constructed on a rural or rural multiple occupancy lot;\n(b) for the purpose of stock control;\n(c) installed in accordance with the manufacturer’s specifications; and\n(d) the dividing fence between rural and rural multiple occupancy lots.\n(3) Notwithstanding subclause (2)(a) to (d), the local government may by written notice require an\nelectrified fence to be removed where it is a dividing fence with an adjoining property.\n5.3 Electrified fencing for security\n(1) An owner or occupier of a lot shall not construct or use an electrified fence for security on that lot\nwithout first obtaining a licence.\n(2) An electrified fence for the purpose of security shall not be present on a lot unless it complies with\nAS/NZS 3016:2002 Electrical Installations—Electric Security Fences as amended from time to\ntime.\n(3) A licence to have and use an electrified fence for the purpose of security shall not be issued—\n(a) on a residential lotor a special residential lot or that portion of a fence adjoining a residential\nlot y or special residential lot;\n(b) on any other lot without the approval of the local government; and\n(c) unless provision is made so as to enable the fence to be rendered inoperable during the hours\nof business operations, if any, on the lot where it is constructed.\n\n1678 GOVERNMENT GAZETTE, WA 5 July 2024\n5.4 Razor wire fencing\n(1) An owner or occupier of a lot shall not construct a fence wholly or partly of razor wire on that lot\nwithout the approval of the local government under subclause (2).\n(2) A licence to have a fence constructed wholly or partly of razor wire shall not be issued—\n(a) in respect of a lot that is a residential lot or a special residential lot or that portion of a fence\nadjoining a residential lot or a special residential lot;\n(b) if the fence is within 3000mm of the boundary of the lot; or\n(c) where any razor wire used in the construction of the fence is less than 2000mm or more than\n2400mm above the ground level.\nPART 6—LICENCES\n6.1 Application for a licence\n(1) An owner of a lot may apply to the local government for a licence under this Part.\n(2) An application for a licence under this local law shall—\n(a) provide all necessary documentation and information required for a decision;\n(b) provide two copies of a plan and specifications of the proposed;\n(c) provide engineering certification of structural or electrical engineering specifications, if\nrequired;\n(d) be signed by the owner of the lot;\n(e) be forwarded to the local government together with any set fee; and\n(f) be in the form determined by the local government from time to time.\n(3) An authorised person may require an applicant to provide—\n(a) an engineering certification regarding the wind loading capacity of the proposed fence; and\n(b) additional information reasonably related to an application before determining an application\nfor a licence.\n(4) Any costs incurred in complying with the request under subclause (3) are to be paid by the\napplicant.\n6.2 Determination of an application\n(1) An authorised person may refuse to consider an application that does not comply with clause 6.1.\n(2) An authorised person may–\n(a) approve an application;\n(b) approve an application subject to conditions as the authorised person sees fit; or\n(c) refuse an application.\n(3) In determining whether to issue a licence, an authorised person may consider, in addition to any\nother matter authorised to consider, whether the construction or retention of the fence would have\nan adversely affect land or impact on—\n(a) the safe or convenient use of any land;\n(b) the safety or convenience of any person; or\n(c) the visual amenity of the streetscape or neighbouring properties.\n(4) An authorised person may by written notice amend a condition imposed under subclause (2)(b).\n(5) An amendment under subclause (4) is effective from the date specified in the notice.\n(6) If an authorised person approves an application, a written licence and any conditions applied is to\nbe given to the applicant.\n(7) If an authorised person refuses to approve an application, written notice of that refusal and the\nreasons for the decision is to be given to the applicant.\n6.3 Compliance with licence issued\nWhere a licence is issued under clause 6.2, the applicant and the owner or occupier of the lot to which\nthe licence relates, shall comply with the terms and any conditions of that licence.\n6.4 Cancellation of a licence\nAn authorised person may cancel a licence if—\n(a) the owner or occupier requests an authorised person to do so;\n(b) the fence to which the licence relates has been demolished and is not rebuilt for a period of 6\nmonths;\n(c) the circumstances have changed in such a way that a licence for the fence could no longer be\ngranted under this local law;\n(d) the owner or occupier fails to comply with a condition of the licence or breaches a provision of\nthis local law in respect of the fence; or\n(e) the owner or occupier fails to comply with a notice of breach issued under clause 8.1.\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1679\n6.5 Duration of a licence\n(1) Unless otherwise stated in the licence, a licence granted under this local law transfers with the lot\nto which it relates and is deemed to transfer to each successive owner or occupier of that lot.\n(2) Where a licence is transferred under subclause (1), the successive owner or occupier may apply to\nan authorised person for written confirmation of this transfer.\n(3) For the avoidance of doubt, a licence granted under this local law may be relied upon by any\nsubsequent owner or occupier of the lot, and may be enforced against them by the local government.\n6.6 False or misleading statement\nA person shall not make a false or misleading statement in connection with any application,\nrequirement or request under this local law.\nPART 7—OBJECTIONS AND REVIEW\n7.1 Objections and review\nDivision 1 of Part 9 of the\nLocal Government Act 1995 applies to a decision under this local law to—\n(a) refuse an application for a licence;\n(b) impose or vary a condition of a licence; or\n(c) cancel a licence.\nPART 8—ENFORCEMENT\n8.1 Notices of breach\n(1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, an\nauthorised person may give a notice of breach in writing to the owner or occupier of that lot.\n(2) A notice of breach shall—\n(a) specify the provision of this local law that has been breached;\n(b) specify the particulars of the breach; and\n(c) state that the owner or occupier is required to remedy the breach within the time specified in\nthe notice.\n(3) An owner or occupier given a notice of breach shall comply with the terms of the notice and remedy\nthe breach within the time specified in the notice.\n(4) Should an owner or occupier fail to comply with a notice, an authorised person may enter upon the\nlot to which the notice relates and remedy the breach or cause the breach to be remedied, and may\nrecover the expenses of doing so from the owner or occupier of the lot, as the case may be, in a court\nof competent jurisdiction.\n(5) This local law is subject to sections 3.25 and 3.27 and Schedules 3.1 and 3.2 of the\nLocal Government\nAct 1995 and any power of entry exercised by the local government under this local law is subject\nto Part 3, Division 3, Subdivision 3 of the Act.\n8.2 Offences\nA person who fails to do anything required or directed to be done under this local law, or who does\nanything that under this local law that person is prohibited from doing, commits an offence.\n8.3 General penalty\nAny person who commits an offence under this local law is liable, upon conviction to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\n8.4 Modified penalties\n(1) An offence against a clause specified in Schedule 4 is a prescribed offence for the purposes of section\n9.16(1) of the\nLocal Government Act 1995.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 4.\n8.5 Form of notices\nFor the purposes of this local law—\n(a) the form of the infringement notice referred to in section 9.17 of the\nLocal Government Act 1995\nis to be in the form of Form 2 in Schedule 1 of the\nLocal Government (Functions and General)\nRegulations 1996; and\n(b) the form of the withdrawal of infringement notice referred to in section 9.20 of the\nLocal\nGovernment Act 1995 is to be in the form of Form 3 in Schedule 1 of the\nLocal Government\n(Functions and General) Regulations 1996.\n————\n\n1680 GOVERNMENT GAZETTE, WA 5 July 2024\nSchedule 1—Sufficient fence for residential, commercial and professional office lots\n[Clause 2.2(a)]\n1. On a residential lot, a commercial lot or a professional office lot a sufficient fence is a dividing fence\nthat—\n(a) is constructed of—\n(i) corrugated fibre-reinforced pressed cement sheeting;\n(ii) timber pickets or post and rail;\n(iii) brick, stone or concrete;\n(iv) factory coloured sheet metal post and panelled fence; or\n(v) any combination of the materials described in paragraphs (i) to (iv);\n(b) in the case of a front fence—\n(i) is not more than 1200mm in height; or\n(ii) is between 1200mm and 1800mm in height; and is visually permeable fence above\n1200mm;\n(c) in the case of a side boundary fence forward of the building setback line, a fence that—\n(i) uniformly slopes down from not more than 1800mm to not more than 1200mm in height;\n(ii) over a maximum distance of 1500mm from the start of the front setback area from the\nbuilding to the front of the lot; and\n(d) in the case of any other dividing fence, the fence is between 1750mm and 1850mm in height,\nand to which an extension of lattice or other permeable material as agreed between the owner\nor occupiers of adjoining properties parties may be added so that the total height of the fence\nis a maximum of 2100mm.\n2. The fence shall not adversely affect land or impact on—\n(a) the safe or convenient use of any land;\n(b) the safety or convenience of any person; or\n(c) the visual amenity of the streetscape or neighbouring properties.\n————\nSchedule 2—Sufficient fence for general industry and industry lots\n[Clause 2.2(b)]\n1. On a general industry lot or an industrial lot, a sufficient fence is a dividing fence that—\n(a) is constructed in accordance with Schedule 1;\n(b) in the case of any other dividing fence, the fence is no more than 2000mm in height, unless\ntopped with up to 3 strands of plain or barbed wire to not more than 2400mm in height;\n(c) is constructed of—\n(i) galvanised or PVC coated link mesh;\n(ii) fibre reinforced cement sheets;\n(iii) painted or galvanized steel or aluminium sheeting;\n(iv) factory coloured sheet metal post and panelled fence;\n(v) timber, brick, stone or concrete; or\n(vi) any combination of the materials described in paragraphs (i)-(v).\n(d) in the case of a front fence—\n(i) is not more than 1200mm in height; or\n(ii) with the approval of an authorised person, is more than 1200mm but not higher than\n2000mm unless topped with up to 3 strands of plain or barbed wire to not more than\n2400mm in height; and is visually permeable above 1200mm;\n(e) in the case of a side boundary fence forward of the building setback line, a fence that—\n(i) complies with subclause (c), and is of similar height and construction; or\n(ii) uniformly slopes down from not more than 2000mm to not more than 1200mm in height;\nand\n(iii) over a maximum distance of 1500mm from the start of the front setback area from the\nbuilding to the front of the lot; and\n2. Upon application, an authorised person may issue a licence varying clause 1(d), and may impose\nconditions.\n3. The fence shall not adversely affect land or impact on—\n(a) the safe or convenient use of any land;\n(b) the safety or convenience of any person; or\n(c) the visual amenity of the streetscape or neighbouring properties.\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1681\nSchedule 3—Sufficient fence for special residential, rural, rural multiple occupancy,\nlandscape protection, tourist, special rural and special use lots\n[Clause 2.2(c)]\n1. On a special residential lot, rural lot, a rural multiple occupancy lot, a landscape protection lot, a\nspecial rural lot, a special use lot or a tourist lot, a sufficient fence is a dividing fence that—\n(a) is at least 1200mm in height so as to prevent stock passing through;\n(b) is of—\n(i) post and wire construction with at least five wires, including any electrified wire of an\nelectrified fence, with the lower wires spaced closer together than the higher wires and\neach wire connected to posts in all cases; or\n(ii) post and rail construction, with at least three rails connected to posts in all cases; and\n(iii) not exceeding 1500mm in height without a licence; and\n(c) where any portion of the fence is an electrified fence, is constructed in accordance with clause\n5.2(2) or clause 5.3 as the case may be.\n2. The fence shall not adversely affect land or impact on—\n(a) the safe or convenient use of any land;\n(b) the safety or convenience of any person; or\n(c) the visual amenity of the streetscape or neighbouring properties.\n————\nSchedule 4—Prescribed offences\n[Clause 8.4]\nItem Clause Nature of offence\nModified\npenalty\n$\n1 2.1 Construction or alteration of a dividing fence on a lot that is not a\nsufficient fence without a licence 200\n2 3.1 Construction of a non-compliant fence within front setback area\nwithout a licence 200\n3 3.2 Construction or maintenance of a non-compliant fence in a secondary\nsetback area without a licence 200\n4 3.3 Construction of a non-compliant fence, wall or other structure at a\nvehicle access point or intersection of two thoroughfares 200\n5 3.4 Obstruction of a watercourse 500\n6 3.5 Construction of a gate or fence encroaching over other land 200\n7 3.6 Construction of a retaining wall more than 500mm in height without\na building permit 500\n8 3.7 Construction of a masonry wall or fence more than 750mm in height\nwithout a building permit 350\n9 3.8(1) Alteration of natural ground levels without a licence 500\n10 3.8(2) Construction of a corrugated fibre-reinforced pressed cement fence\nwith more than 150mm difference in ground levels on each side 200\n11 3.8(3) Construction of a fence or retaining wall more than 500mm in height\nwithin 1000mm of a boundary without written consent of adjoining\nowners 200\n12 3.9(1) Failure to maintain fence in good condition 200\n13 3.10 Construction or maintenance of a fence across right-of-way etc.\nwithout approval 500\n14 4.1 Use of prohibited materials in a fence 500\n15 4.2(1) Use of pre-used fencing materials without a licence 200\n16 5.(1) Using or allowing to remain barbed wire on a residential or special\nresidential lot 350\n17 5.1(2) Non-compliant use of barbed wire on a landscape protection, rural,\nrural multiple occupancy, special rural or special use lot 350\n18 5.1(3) Non-compliant use of barbed wire on a commercial, general industry,\nindustrial, professional office or tourist lot 350\n19 5.1(4) Encroachment of barbed wire on a commercial, general industry,\nindustrial, professional office or tourist lot over other land 500\n20 5.2(1) Construction of an electrified fence for the purposes of stock control\nwithout a licence 350\n\n1682 GOVERNMENT GAZETTE, WA 5 July 2024\nItem Clause Nature of offence\nModified\npenalty\n$\n21 5.3(1) Construction of an electrified fence for the purposes of security\nwithout a licence 500\n22 5.3(2) Construction of a non-compliant electrified fence for the purposes of\nsecurity 500\n23 5.4(1) Construction of a razor wire fence without a licence 500\n24 6.3 Failure to comply with conditions of a licence for fence 500\n25 6.6 Making a false or misleading statement 500\n26 8.1(3) Failure to comply with notice of breach in relation to Part 5—\nRestricted Fencing 500\n27 8.1(3) Failure to comply with notice of breach in relation to all matters other\nthan Part 5—Restricted Fencing 200\n28 8.2(1) Other offences not specified 200\nDated this 1st day of July 2024.\nThe Common Seal of the Shire of Denmark was affixed by authority of a resolution of Council in the\npresence of—\nK. GIBSON, President.\nK. JENKINS, Acting Chief Executive Officer.\nMINERALS AND PETROLEUM\nMP401\nMINING ACT 1978\nSection 19\nINSTRUMENT OF EXTENSION OF TERM OF EXEMPTION OF LAND\nI, Kristian Hartley Dawson, Executive Director Resource Tenure, pursuant to section 19 of the\nMining\nAct 1978, hereby extend the exemption originally declared on 10 July 2020 and published in the\nGovernment Gazette dated 24 July 2020 for that area described hereunder (not being private land or\nland that is the subject of a mining tenement or an application for a mining tenement) from Divisions\n1 to 5 of Part IV of the\nMining Act 1978, for a period of two years expiring on 9 July 2026.\nLocality\n84km East of Morawa\nDescription of Land\nLand designated S19/398 in the TENGRAPH electronic plan of the Department of Energy, Mines,\nIndustry Regulation and Safety. A geospatial description is filed in the Department of Energy, Mines,\nIndustry Regulation and Safety electronic file number A1998/201901, document ID A77357172.\nArea of Land\n1712.54 hectares\nDated at Perth this 26th day of June 2024.\nKRISTIAN HARTLEY DAWSON, Executive Director Resource Tenure.\n———————————\nMP402\nMINING ACT 1978\nSection 19\nINSTRUMENT OF EXEMPTION OF LAND\nI, Kristian Hartley Dawson, Executive Director, Resource Tenure, pursuant to section 19 of the\nMining\nAct 1978, hereby declare the land described hereunder (not being private land or land that is the subject\nof a mining tenement or an application for a mining tenement) exempt from Divisions 1 to 5 of Part IV\nof the\nMining Act 1978.\nLocality\nLake Roe\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1683\nDescription of Land\nLand designated S19/417 in the TENGRAPH electronic plan of the Department of Mines, Industry\nRegulation and Safety. A geospatial description of the land, being the land subject to the former\nExploration Licence 28/3225, is filed on the Department of Energy, Mines, Industry Regulation and\nSafety electronic file qA2113284 and identified as document ID A71490263.\nArea of Land\n1474.53 hectares\nDated at Perth this 2nd day of July 2024.\nKRISTIAN HARTLEY DAWSON, Executive Director, Resource Tenure.\nPARLIAMENT\nPA401\nPARLIAMENT OF WESTERN AUSTRALIA\nROYAL ASSENT TO BILLS\nIt is hereby notified for public information that the Governor has Assented in the name and on behalf\nof His Majesty the King, on the dates shown, to the undermentioned Acts passed by the Legislative\nCouncil and the Legislative Assembly during the First Session of the Forty First Parliament.\nTitle of Act Date of Assent Act No.\nFirearms Act 2024 27 June 2024 23 of 2024\nElectoral Amendment Act 2024 27 June 2024 24 of 2024\nDated 1 July 2024.\nSAM HASTINGS, Clerk of the Parliaments.\nPLANNING\nPL401\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nShire of Chittering\nLocal Planning Scheme No. 6 Amendment No. 70\nFile: TPS/3117\nIt is hereby notified for public information, in accordance with section 87 of the\nPlanning and\nDevelopment Act 2005 that the Minister for Planning approved the abovementioned amendment to the\nShire of Chittering Local Planning Scheme No. 6 on 24 June 2024 for the purpose of—\n(i) Rezoning Lots 30 on Deposited Plan 92433 and 202 on Deposited Plan 60290 Great Northern\nHighway and Lots 3 on Deposited Plan 20433 and 201 on Deposited Plan 60290 Muchea East\nRoad, Muchea from ‘Agricultural Resource’ to ‘Light Industry’;\n(ii) Inserting development provisions into Schedule 11 as follows –\nNo. Description of Land Conditions\n3 Precinct 1 North A of the Muchea\nIndustrial Park Structure Plan–\nLots 30 and 202 Great Northern Hwy\nand Lots 3 and 201 Muchea East Rd,\nMuchea\nGeneral planning matters applicable to the\nMuchea Industrial Park are set out in clause 4.9,\n4.20 and 5.7 of the Scheme. The purpose of this\nschedule is to identify more detailed planning\nmatters relevant to the subject lots.\n1.0 Development\n1.1 In addition to the matters listed elsewhere in\nthe Scheme and at clause 67 of the Deemed\nProvisions, development applications are to\ndemonstrate—\n• The proposed use / development has a\nsuitable and sustainable water supply to\nmeet the operational needs of the land\nuse;\n\n1684 GOVERNMENT GAZETTE, WA 5 July 2024\nNo. Description of Land Conditions\n• Stormwater can be suitably managed on\nsite in accordance with Local Planning\nPolicy No. 33 Muchea Industrial Park\nDesign Guidelines and Road and\nDrainage Guidance Note (as amended).\n1.2 As Lot 30 may be contaminated, future\ndevelopment on site may need to be preceded\nby a site contamination assessment\nconducted by a suitably qualified\nprofessional and undertaken to the relevant\nstandards of the Department of Water and\nEnvironmental Regulation.\n(iii) Remove Additional Uses 7 and 20 from Schedule 3; and\n(iv) Amending the Scheme Map accordingly.\nA. KING, President.\nM. PRINSLOO, Chief Executive Officer.\n———————————\nPL402\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Stirling\nLocal Planning Scheme No. 3 Amendment No. 126\nFile: TPS/3082\nIt is hereby notified for public information, in accordance with section 87 of the\nPlanning and\nDevelopment Act 2005 that the Minister for Planning approved the abovementioned amendment to the\nCity of Stirling Local Planning Scheme No. 3 on 24 June 2024 for the purpose of—\n• Amending the Scheme Text by modifying ‘Schedule 2—Additional Uses’ to include the\nfollowing—\nNo. Description of Land Additional Uses Conditions\nA95 Lot 66 House Number 220,\nBalcatta Road, Balcatta\nDrive Through Fast Food\nOutlet ‘D’ Uses\n• Amending the Scheme Map by rezoning Lot 66 (House Number 220) Balcatta Road, Balcatta\nfrom ‘Local Centre’ to ‘Local Centre’ and ‘Additional Use (Drive Through Fast Food Outlet) by\napplying the ‘Additional Use (A95)’ designation as shown on the Amendment Map.\nM. IRWIN, Mayor.\nS. RODIC, Chief Executive Officer.\n———————————\nPL403\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nTown of Mosman Park\nLocal Planning Scheme No. 3 Amendment No. 7\nFile: TPS/3131\nIt is hereby notified for public information, in accordance with section 87 of the\nPlanning and\nDevelopment Act 2005 that the Minister for Planning approved the abovementioned amendment to the\nTown of Mosman Park Local Planning Scheme No. 3 on 24 June 2024 for the purpose of—\n1. Modifying Schedule A—Supplemental provisions to the deemed provisions by deleting Clause\n61(1)(k).\n2. Deleting Schedule 2—Exempted Advertisements.\nP. SHAW, Mayor.\nC. BYWATER, Chief Executive Officer.\n———————————\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1685\nPL404\nPLANNING AND DEVELOPMENT ACT 2005\nDECLARATION OF PLANNING CONTROL AREA 180\nLot 99 Syros Court, Mindarie\nCity of Wanneroo\nFile: RLS/1136\nGeneral Description\nThe Minister for Planning has granted approval to the declaration of a planning control area over Lot\n99 Syros Court, Mindarie, as shown on Western Australian Planning Commission (WAPC) plan number\n3.2836.\nPurpose of the Planning Control Area\nThe purpose of the planning control area is to preserve Lot 99 for public access along the high amenity\nforeshore of Mindarie Keys.\nDuration and Effects\nThe declaration remains in effect for a period of five years from the date of publication of this notice in\nthe\nGovernment Gazette, being 05 July 2024, or until revoked by the WAPC with approval by the\nMinister, whichever is sooner.\nA person shall not commence and carry out development in a planning control area without the prior\napproval of the WAPC. The penalty for failure to comply with this requirement is $200,000 and, in the\ncase of a continuing offence, a further fine of $25,000 for each day during which the offence continues.\nCompensation is payable in respect of land injuriously affected by this declaration, and land so affected\nmay be acquired by the WAPC in the same circumstances and in the same manner as if the land had\nbeen reserved in the Metropolitan Region Scheme for a public purpose.\nDisplay Locations\nDocuments can be viewed online at the Department of Planning, Lands and Heritage website\nhttps://www.dplh.wa.gov.au/planning-control-areas.\nMs SAM BOUCHER, Secretary, Western Australian Planning Commission.\nPREMIER AND CABINET\nPR401\nINTERPRETATION ACT 1984\nMINISTERIAL ACTING ARRANGEMENTS\nIt is hereby notified for public information that the Governor, in accordance with section 12(c) of the\nInterpretation Act 1984, has approved the following temporary appointment.\nHon J. Jarvis MLC to act temporarily in the office of Minister for Early Childhood Education; Child\nProtection; Prevention of Family and Domestic Violence; Community Services in the absence of the\nHon S. E. Winton MLA for the period 19 to 28 July 2024 (both dates inclusive).\nThis notice supersedes acting arrangements relating to the above office that were published in\nGovernment Gazette No.78 of 28 June 2024.\nE. ROPER, Director General, Department of the Premier and Cabinet.\nREGIONAL DEVELOPMENT\nRG401\nREGIONAL DEVELOPMENT COMMISSIONS ACT 1993\nAPPOINTMENTS\nIt is hereby notified for general information that the Minister for Regional Development has approved\nthe following appointments in accordance with Part 3 of the\nRegional Development Commissions\nAct 1993—\nGoldfields-Esperance Development Commission\nBoard of Management\nReappointment of Jaimen Hudson as Ministerial representative Member for a term expiring\n31 December 2026.\nHon. DON PUNCH, MLA, Minister for Regional Development.\n\n1686 GOVERNMENT GAZETTE, WA 5 July 2024\nTRANSPORT\nTN401\nROAD TRAFFIC (VEHICLES) ACT 2012\nELECTRIC AND SAFER FREIGHT VEHICLES ORDER\nI, Peter Woronzow, in my capacity as Commissioner of Main Roads, hereby make an order in accordance\nwith Section 33 of the\nRoad Traffic (Vehicles) Act 2012 to modify the dimension and mass requirements\nfor applicable heavy vehicles, subject to the conditions specified in this order.\n1. Citation\nThis is the\nElectric and Safer Freight Vehicles Order.\n2. Commencement and Duration\nThis order takes effect on the day that it is published and until the date the related\nRoad Traffic\n(Vehicles) Regulations 2014 amendments take effect.\n3. Interpretation\nIn this Order—\nElectric Freight Vehicle means a\nSingle Heavy Motor Vehicle powered by an electric motor.\nGVM stands for “Gross Vehicle Mass” and means the maximum loaded mass of the vehicle—\n(a) as specified by the manufacturer; or\n(b) as specified by the relevant authority if—\n(i) the manufacturer has not specified a maximum loaded mass; or\n(ii) the manufacturer cannot be identified; or\n(iii) the vehicle has been modified to the extent that the manufacturer’s specification\nis no longer appropriate.\nOver-width means exceeding 2.50 metres in width.\nPrime Mover means a motor vehicle built primarily to tow a semi-trailer but does not include a\ntruck or modified prime mover designed primarily to carry a load or carry out a function other\nthan towing a semi-trailer.\nSafer Freight Vehicle means a\nSingle Heavy Motor Vehicle that, so far as they are applicable,\ncomplies with—\n(a) ADR 13/00 or a later version of ADR 13, except if the vehicle is a prime mover;\n(b) ADR 14/03 or a later version of ADR 14;\n(c) ADR 35/07 or a later version of ADR 35;\n(d) ADR 97/00 or a later version of ADR 97;\n(e) ADR 99/00 or a later version of ADR 99;\n(f) ADR 105/00 or a later version of ADR 105, if the vehicle has a GVM over 8 tonnes;\n(g) ADR 106/00 or a later version of ADR 106, except if the vehicle is a prime mover.\nSingle Heavy Motor Vehicle means a motor vehicle that, on its own, is a heavy vehicle.\n4. Application\nThis Order applies to an\nElectric Freight Vehicle and a\nSafer Freight Vehicle.\n5. Modification of Dimension Requirements\n5.1 An\nElectric Freight Vehicle fitted with an over-width battery, together with its load, may exceed\n2.50 metres in width, but must not exceed 2.55 metres in width.\n5.2 A\nSafer Freight Vehicle, together with its load, may exceed 2.50 metres in width, but must not\nexceed 2.55 metres in width.\n6. Modification of Mass Requirements\n6.1 A single steer axle on an\nElectric Freight Vehicle and a\nSafer Freight Vehicle may exceed 6.0 tonnes,\nbut must not exceed—\n(a) 6.5 tonnes on an axle fitted with tyres with a width equal to or greater than 295mm; or\n(b) 7.1 tonnes on an axle fitted with tyres with a width equal to or greater than 375mm.\n6.2 A load sharing twin steer axle group on an\nElectric Freight Vehicle and a\nSafer Freight Vehicle,\nfitted with tyres with a width equal to or greater than 375mm on each steer axle, may exceed 11.0\ntonnes but must not exceed 12 tonnes.\n7. Heavy Vehicle Accreditation\nThis Order does not require a person to be accredited in relation to the vehicle, except where there is a\nrequirement for a person to be accredited in relation to the vehicle due to a mass or dimension\nmodification or an access approval separate to this Order.\nPETER WORONZOW, Commissioner of Main Roads.\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1687\nPUBLIC NOTICES\nZZ401\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nVicki Narelle Platt late of 2 Stoke Lane, Carcoar in the state of New South Wales, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 (WA) relates)\nin respect of the Estate of the deceased, who died on 16 August 2022, are required by the Administrator\nVictor Everard Hunter, to send the particulars of their claims care of Gregson & Associates PO Box\nZ5017 St Georges Terrace, Perth WA 6831 on or before 30 days from the date of publication of this\nnotice after which date the trustee may convey or distribute the assets, having regard only to the claims\nof which he then has notice.\n———————————\nZZ402\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nNeil Birkett late of 3/106 Hamersley Road, Subiaco in the State of Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962, relates) in\nrespect of the estate of the deceased, who died on 25 January 2024 are required by the Executor to send\nparticulars of their claims to them care of GV Lawyers, Level 5, 16 Irwin Street, Perth by 5 August\n2024 after which date the Executor may convey or distribute the assets having regard to the claims of\nwhich they then have notice.\nGV LAWYERS, as Solicitors for the Executor.\n———————————\nZZ403\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIrina Dhue, late of 80 Seymour Street, West Busselton, in the State of Western Australia, Home Duties,\ndeceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the estate of the deceased, who died 31 May 2024 are required by the applicant for grant of\nrepresentation, c/- CS Legal, Level 20, 77 St Georges Terrace, Perth WA 6000 to send particulars of\ntheir claims to the applicant within 30 days from the date of publication of this notice, after which date\nthe applicant for grant of representation may convey or distribute the assets, having regard only to the\nclaims of which she/he then has notice.\n———————————\nZZ404\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962, relates) in\nrespect of the estate of Reginald George Clarke late of 3 Village Walk Ocean Reef WA deceased, who\ndied on the 9th January 2024, are required by the executors of the Estate to send particulars of their\nclaims to them, c/- Guardian Wills and Probate PO Box 26 Joondalup DC WA 6919, within one (1)\nmonth of the date of publication hereof, after which date the executors may convey or distribute the\nassets having regard to the claims of which they then have notice.\n———————————\n\n1688 GOVERNMENT GAZETTE, WA 5 July 2024\nZZ405\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nEstate of Evan Hendrik Ubels, late of 13 Avondale Street, Newtown, Toowoomba, Queensland,\ndeceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on 22 October 2023, are required by the Executor Helen\nGwyneth Besier of 7 Thompson Street, Gladesville, New South Wales to send particulars of their claims\nto Safewill Legal of PO Box 533, Surry Hills NSW 2010, representatives for the estate, within 30 days\nby registered mail after which date they may convey or distribute the assets of the estate, having regard\nonly to the claims of which she then has notice.\n———————————\nZZ406\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the matter of Ceri Hills, late of 17 Silas Parade, Alkimos, Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 (WA) relates)\nin respect of the estate of the deceased, who died at Joondalup Health Campus, Joondalup, Western\nAustralia on 9 December 2023 are required by the executor, Rebecca Hills care of Tang Law, Level 7,\n12 St Georges Terrace, Perth, Western Australia, Tel: (08) 9328 7525 to send particulars of their claims\nto Tang Law by the 12 August 2024, after which date the executor may convey or distribute the assets,\nhaving regard only to the claims of which she then has notice.\n———————————\nZZ407\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the estate of Reginald Hubert Copeman late of Blue Wren Lodge, Denmark in the State of Western\nAustralia, Geology Assistant, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 (WA) relates)\nin respect of the estate of the deceased, who died on 20 January 2024, are required by the executor,\nDerek Stone of 2 Maloney Close, Ocean Beach in the State of Western Australia to send particulars of\ntheir claims to them at HFM Legal of PO Box 1 Maddington, WA 6989, by the date being one month\nfollowing the publication of this notice, after which date the Executor may convey or distribute the\nassets, having regard only to claims of which they then have notice.\n———————————\nZZ408\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the Estates of the undermentioned deceased persons are required to send particulars of their\nclaims to me on or before 5 August 2024, after which date I may convey or distribute the assets, having\nregard only to the claims of which I then have notice.\nDavis, Amy Marion, late of Catholic Homes St Vincent’s Residential Aged Care Guildford, 224 Swan\nStreet, Guildford, who died on 1 June 2024 (DE19763001 EM26).\nDrane, Joan Mary, late of 48 Sandpiper Loop, Yangebup, who died on 29 April 2024\n(DE33092547 EM213).\nDyer, Barry Richard, late of Hall & Prior Rockingham Nursing Home and Aged Care, 14 Langley Street,\nRockingham, who died on 8 April 2024 (DE19915408 EM14).\nForbes, John Wallace, late of Bethanie Beachside Aged Care Home, 629 Two Rocks Road, Yanchep, who\ndied on 22 May 2024 (DE19731300 EM36).\nHardiman, Helene Emmi (also known as Helen Emmi Hardiman), late of BaptistCare Gracewood Aged\nCare Home, 20 Roebuck Drive, Salter Point, who died on 28 May 2024 (DE19760937 EM14).\n\n5 July 2024 GOVERNMENT GAZETTE, WA 1689\nJacobs, Marlene Lillian, 28 Wallsend Street, Safety Bay, who died on 11 April 2024 (11 April 2024).\nJeps, John, late of 9 Parker Avenue, Mount Nasura, who died on 5 May 2024 (DE19980901 EM24).\nMcCormick, Peter, late of Unit 9, 174 Fairway Circle, Connolly, who died on 17 April 2024\n(DE20002494 EM37).\nMcKernan, Dermot, formerly of Unit 9, 84 Collick Street, Hilton, late of Margaret Hubery Village, Unit\n36, 36 Fifth Avenue, Rossmoyne, who died on 21 May 2024 (DE19811422 EM37).\nOliver, Geoffrey, late of 208 Tamma Road, Bakers Hill, who died on 12 March 2024\n(DE19916013 EM113).\nPatchett, Clement Charles, late of Unit 5, 18-22 Astley Street, Gosnells, who died on 4 March 2024\n(DE33140812 EM26).\nWalker, Andrew Joseph Waldemar Karl (also known as Andrew Joseph Walker), late of 26 Hardey East\nRoad, Wattle Grove, who died on 27 March 2024 (DE33049696 EM15).\nWilson, Marilyn Joy (also known as Marylyn Joy Wilson), late of 2 Seabrook Street, Beverley, who died\non 5 April 2024 (DE19831330 EM24).\nBRIAN ROCHE, Public Trustee,\n553 Hay Street, Perth WA 6000.\nTelephone: 1300 746 212.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is a new local law that replaces a previous 2001 fencing local law. It appears to be a comprehensive update and consolidation of fencing regulations for the Shire of Denmark, covering standard fencing requirements, dangerous materials, electrified fences, and enforcement. The scope aligns with typical local government fencing powers under the Local Government Act 1995 and does not appear to have expanded beyond the original purpose of regulating fences within the shire."},"complexity_factors":["Multiple schedules (4) with detailed technical specifications for different land use types","Extensive defined terms section (35+ definitions) including cross-references to other Acts like the Building Act 2011 and Dividing Fences Act 1961","Complex conditional logic: different rules apply depending on land zoning (residential, commercial, industrial, rural, etc.) and location (front setback, secondary frontage, side boundaries)","Nested exceptions: general rules in Part 2 are subject to exceptions in Part 3, further exceptions in Part 5 (restricted fencing), and discretionary licensing provisions in Part 6","Cross-referencing between clauses (e.g., clause 2.4 allows exceptions to clauses 2.1-2.3, but subject to Part 6)","Dual compliance requirements: must comply with this local law AND the Dividing Fences Act 1961, Building Act 2011, and local planning schemes","Specific technical standards referenced (AS/NZS 3016:2002 for electric fences, Residential Design Codes)","28 separate offence provisions in Schedule 4 with varying penalty amounts"],"plain_english_summary":"This local law replaces the 2001 fencing rules in the Shire of Denmark, setting minimum standards for dividing fences, controlling heights and materials (including front‑fence visibility), banning dangerous materials, and regulating electrified and non‑standard fences via licences. \n\nIt affects all landowners and occupiers, neighbours in fence disputes, and council officers who grant approvals and enforce compliance — balancing privacy, safety, and local amenity while providing penalties and enforcement powers."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-denmark-fencing-local-law-2024","history":"/api/acts/shire-of-denmark-fencing-local-law-2024/history","analysis":"/api/acts/shire-of-denmark-fencing-local-law-2024/analysis","conflicts":"/api/acts/shire-of-denmark-fencing-local-law-2024/conflicts","importantCases":"/api/acts/shire-of-denmark-fencing-local-law-2024/important-cases","documents":"/api/acts/shire-of-denmark-fencing-local-law-2024/documents"}}