{"id":"wa-local:gingin-shire-of-shire-of-gingin-activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2018","name":"Shire of Gingin Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2018","slug":"shire-of-gingin-activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2018","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438069,"registerId":"wa-local:gingin-shire-of-shire-of-gingin-activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2018-pdf-1775954638616","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of Gingin Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2018","content":"!2018186GG!\n4699\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, TUESDAY, 11 DECEMBER 2018 No. 186\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nCONTENTS\nPART 1\nPage\nConservation and Land Management Amendment Regulations (No. 4) 2018 ........................ 4701\nShire of Gingin—\nActivities in Thoroughfares and Public Places and Trading Amendment Local\nLaw 2018 ........................................................................................................................... 4703\nLocal Government Property Amendment Local Law 2018 ................................................ 4707\nParking and Parking Facilities Amendment Local Law 2018 ........................................... 4711\nRepeal Local Law 2018 ........................................................................................................ 4716\n———\nPART 2\nAgriculture and Food ................................................................................................................. 4718\nConsumer Protection ................................................................................................................. 4718\nDeceased Estates ....................................................................................................................... 4731\nFisheries ..................................................................................................................................... 4719\nHealth ......................................................................................................................................... 4720\nJustice......................................................................................................................................... 4721\nLocal Government ...................................................................................................................... 4722\nMarine/Maritime ........................................................................................................................ 4722\nParliament.................................................................................................................................. 4723\nPlanning ..................................................................................................................................... 4723\nPolice .......................................................................................................................................... 4729\nPremier and Cabinet.................................................................................................................. 4730\nPublic Notices ............................................................................................................................. 4732\nRegional Development ............................................................................................................... 4731\n\nIMPORTANT COPYRIGHT NOTICE\n© State of Western Australia\nThis work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part\nmay be reproduced by any process without written permission from the Attorney General for\nWestern Australia. Inquiries in the first instance should be directed to the Government Printer,\nState Law Publisher, 10 William St, Perth 6000.\nPUBLISHING DETAILS\nThe Western Australian Government Gazette is published by State Law Publisher for the State of\nWestern Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or\nunforeseen circumstances.\nSpecial Government Gazettes containing notices of an urgent or particular nature are published\nperiodically.\nThe following guidelines should be followed to ensure publication in the Government Gazette—\n• Material submitted to the Executive Council prior to gazettal will require a copy of the signed\nExecutive Council Minute Paper.\n• Copy must be lodged with the Publication Officer, State Law Publisher no later than 12 noon\non Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)—\nEmail address: Postal address:\nslp@dpc.wa.gov.au State Law Publisher\nLower Ground Floor,\n10 William St. Perth, 6000\nTelephone: 6552 6000\n• Inquiries regarding publication of notices can be directed to the Publications Officer on\n(08) 6552 6012.\n• Lengthy or complicated notices should be forwarded early to allow for preparation. Failure to\nobserve this request could result in the notice being held over.\nAfter lodging any notices, confirmation is not required by post or fax. If original copy is forwarded\nlater and published, the cost will be borne by the advertiser.\nGOVERNMENT GAZETTE\nPUBLISHING DETAILS FOR CHRISTMAS 2018\nAND NEW YEAR HOLIDAY PERIOD 2019\n—————\nPublishing Dates Closing Dates and Times\nand Times for copy\nFriday, 28 December 2018 at 12 noon Monday, 24 December 2018 at 12 noon\nFriday, 4 January 2019 at 12 noon Wednesday, 2 January 2019 at 12 noon\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4701\n— PART 1 —\nCONSERVATION\nCO301\nConservation and Land Management Act 1984\nConservation and Land Management\nAmendment Regulations (No. 4) 2018\nMade by the Governor in Executive Council.\n1. Citation\nThese regulations are the Conservation and Land Management\nAmendment Regulations (No. 4) 2018.\n2. Commencement\nThese regulations come into operation as follows —\n(a) regulations 1 and 2 — on the day on which these\nregulations are published in the Gazette;\n(b) the rest of the regulations — on 1 January 2019.\n3. Regulations amended\nThese regulations amend the Conservation and Land\nManagement Regulations 2002.\n4. Regulation 50A inserted\nAt the end of Part 3 Division 1 insert:\n50A. High-risk ocean rock locations\n(1) In this regulation —\nhigh-risk ocean rock location means an area of CALM\nland described in Schedule 4 Division 1 (a plan of\nwhich is included for information purposes in\nSchedule 4 Division 2);\npersonal flotation device means —\n(a) a lifejacket classified as level 100, 150 or 275\nby AS 4758 published by Standards Australia;\nor\n\n4702 GOVERNMENT GAZETTE, WA 11 December 2018\n(b) a buoyancy aid classified as performance\nlevel 100, 150 or 275 by ISO 12402 published\nby the International Organization for\nStandardization; or\n(c) a personal flotation device that conforms to\nstandard AS 1512 published by Standards\nAustralia;\nwearing, a personal flotation device, means wearing\nthe personal flotation device with all closing or\nfastening devices (such as zippers, buckles and tapes)\ncorrectly secured as specified by the manufacturer of\nthe personal flotation device.\n(2) A person must not enter or remain in a high-risk ocean\nrock location unless the person is wearing a personal\nflotation device.\nPenalty for this subregulation: a fine of $1 000.\n5. Schedule 2 amended\nAfter Schedule 2 Division 2 item 40a insert:\n40B. 50A(2) Entering or remaining in high-risk\nocean rock location without personal\nflotation device 200\n6. Schedule 4 inserted\nAfter Schedule 3 insert:\nSchedule 4 — High-risk ocean rock locations\n[r. 50A(1)]\nDivision 1 — Area descriptions\nSalmon Holes\n(1) All CALM land bounded by a line commencing at the\nintersection of 35°06'03\" south latitude and 117°58'09\" east\nlongitude; then extending east along the geodesic to the\nintersection of 35°06'03\" south latitude and 117°58'33\" east\nlongitude; then south along the geodesic to the intersection\nof 35°06'10\" south latitude and 117°58'33\" east longitude;\nthen west along the geodesic to the intersection of 35°06'10\"\nsouth latitude and 117°58'09\" east longitude; then north\nalong the geodesic to the commencement point.\n(2) All CALM land bounded by a line commencing at the\nintersection of 35°06'15\" south latitude and 117°58'01\" east\nlongitude; then extending east along the geodesic to the\nintersection of 35°06'15\" south latitude and 117°58'07\" east\nlongitude; then south along the geodesic to the intersection\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4703\nof 35°06'27\" south latitude and 117°58'07\" east longitude;\nthen west along the geodesic to the intersection of 35°06'27\"\nsouth latitude and 117°58'01\" east longitude; then north\nalong the geodesic to the commencement point.\nDivision 2 — Plans for information purposes\nSalmon Holes\nN. HAGLEY, Clerk of the Executive Council.\nLOCAL GOVERNMENT\nLG301\nLOCAL GOVERNMENT ACT 1995\nShire of Gingin\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND TRADING\nAMENDMENT LOCAL LAW 2018\nUnder the powers conferred on it by the Local Government Act 1995 and all other\nrelevant powers, the Council of the Shire of Gingin resolved on 20 November 2018 to\nmake this local law.\n1. Title\nThis local law may be cited as the Shire of Gingin Activities in Thoroughfares and\nPublic Places and Trading Amendment Local Law 2018.\n2. Commencement\nThis local law commences 14 days after the day on which it is published in the\nGovernment Gazette.\n3. Principal Local Law\nThis local law amends the Shire of Gingin Activities in Thoroughfares and Public\nPlaces and Trading Local Law 2004 as published in the Government Gazette on\n13 September 2004.\n\n4704 GOVERNMENT GAZETTE, WA 11 December 2018\n4. Clause 1.2 amended\nIn Clause 1.2—\n(a) In the definition for “authorized person”, delete “authorized” and insert\n“authorised” wherever it appears in the definition;\n(b) In the definition for “liquor” delete “Licensing” and insert “Control”;\n(c) Insert a new definition in alphabetical order as follows—\n“local planning scheme” means a local planning scheme of the local\ngovernment made under the Planning and Development Act 2005;\n(d) In the definition for “lot”, delete “Town Planning and Development\nAct 1928” and insert “Planning and Development Act 2005”; and\n(e) Delete the definition for “Town Planning Scheme”.\n5. Clause 2.4 amended\nIn Clause 2.4—\n(a) In clause 2.4(2)(a)—\n(i) delete “building licence” and insert “building permit”; and\n(ii) delete “Local Government (Miscellaneous Provisions) Act 1960” and\ninsert “Building Act 2011”; and\n(b) In clause 2.4(2)(b)—\n(i) delete “building licence” and insert “building permit”; and\n(ii) delete “Local Government (Miscellaneous Provisions) Act 1960” and\ninsert “Building Act 2011”.\n6. Clause 3.1 amended\nIn Clause 3.1 in the definition for “election sign” delete “and”.\n7. Clause 4.1 amended\nIn Clause 4.1(1) delete “authorized” and insert “authorised”.\n8. Clause 5.1 amended\nIn Clause 5.1 in the definition for “Roadside Conservation Committee” delete\n“established under the Land Resource Policy Council within the Office of Premier\nand Cabinet” and insert “appointed by the responsible Minister”.\n9. Clause 5.4 amended\nIn Clause 5.4 delete “‘Code of Practice for Roadside Conservation and Road\nMaintenance’ prepared by the Roadside Conservation Committee” and insert\n“Handbook of Environmental Practice for Road Construction and Maintenance\nWorks”.\n10. Clause 5.16 amended\nIn Clause 5.16—\n(a) In subclause 5.16(b), delete “.” and insert “,”; and\n(b) Insert “unless the Council deems it necessary to remove a significant fire\nrisk.” at the end of the clause.\n11. Clause 6.3 amended\nIn Clause 6.3(1) insert “on a public place” between “trading” and “unless”.\n12. Clause 6.6 amended\nIn Clause 6.6—\n(a) Delete clause 6.6(1)(k) and insert the following—\n(k) the requirement to vacate and leave in a clean condition the location\nto which the licence applies—\n(i) at the conclusion of the permitted hours of operation specified in\nthe licence; and\n(ii) whenever the trading is not taking place on the location to\nwhich the licence applies;\n(b) After clause 6.6(1)(n) insert the following—\n(o) the requirement for the stallholder to ensure a minimum width of 2m\nmeasured from the road kerb is kept clear for pedestrian access.\n13. Clause 6.8 amended\nIn Clause 6.8(1)(c) delete “Weights and Measures Act 1915” and insert “National\nMeasurement Act 1960 (Cth)”.\n14. Clause 6.13 amended\nIn Clause 6.13 delete “authorized” and insert “authorised”.\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4705\n15. Clause 6.17 amended\nIn Clause 6.17—\n(a) In subclause 6.17(b)—\n(i) delete “Health Act 1911” and insert “Food Act 2008”; and\n(ii) delete “town” and insert “local”; and\n(b) Delete clause 6.17(c).\n16. Clause 6.18 amended\nIn Clause 6.18(1)(a) delete “and any local law made under section 172 of the Health\nAct 1911”.\n17. Clause 6.19 amended\nIn Clause 6.19 delete “authorized” and insert “authorised”.\n18. Clause 6.21 amended\nIn Clause 6.21(1) delete “authorized” and insert “authorised”.\n19. Clause 7.7 amended\nIn Clause 7.7(2) delete “mutatis mutandis” and insert “with all the necessary\nchanges as required”.\n20. Clause 7.9 amended\nIn Clause 7.9 delete “authorized” and insert “authorised”.\n21. Clause 7.10 amended\nIn Clause 7.10—\n(a) Renumber clause 7.10(1)(i) as 7.10(1)(a); and\n(b) Renumber clause 7.10(1)(ii) as 7.10(1)(b).\n22. Clause 8.1 amended\nIn Clause 8.1 delete “and 34”.\n23. Clause 10.4 amended\nIn Clause 10.4 delete clause 10.4(3).\n24. Schedule 1 amended\nDelete Schedule 1 and insert the following—\nSchedule 1\nPRESCRIBED OFFENCES\nClause Description\nModified\nPenalty\n$\n2.1(a) Plant of 0.75m in height on thoroughfare within 10m of\nintersection\n125\n2.1(b) Damaging lawn or garden 125\n2.1(c) Plant (except grass) on thoroughfare within 2m of\ncarriageway\n125\n2.1(d) Placing hazardous substance on footpath 125\n2.1(e) Damaging or interfering with signpost or structure on\nthoroughfare\n350\n2.1(f) Playing games so as to impede vehicles or persons on\nthoroughfare\n125\n2.1(g) Riding of skateboard or similar device on mall or\nverandah of shopping centre\n125\n2.2(1)(a) Digging a trench through a kerb or footpath without a\npermit\n125\n2.2(1)(b) Throwing or placing anything on a verge without a\npermit\n125\n2.2(1)(c) Causing obstruction to vehicle or person on\nthoroughfare without a permit\n125\n2.2(1)(d) Causing obstruction to water channel on thoroughfare\nwithout a permit\n250\n2.2(1)(e) Placing or draining offensive fluid on thoroughfare\nwithout a permit\n250\n2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350\n2.2(1)(h) Felling tree onto thoroughfare without a permit 125\n\n4706 GOVERNMENT GAZETTE, WA 11 December 2018\nClause Description\nModified\nPenalty\n$\n2.2(1)(i) Installing pipes or stone on thoroughfare without a\npermit\n125\n2.2(1)(j) Installing a hoist or other thing on a structure or land\nfor use over a thoroughfare without a permit\n350\n2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 125\n2.2(1)(l) Placing a bulk rubbish container on a thoroughfare\nwithout a permit\n125\n2.2(1)(m) Interfering with anything on a thoroughfare without a\npermit\n125\n2.3(1) Consumption or possession of liquor on thoroughfare 125\n2.4(1) Failure to obtain permit for temporary crossing 250\n2.5(2) Failure to comply with notice to remove crossing and\nreinstate kerb\n350\n2.9(1) Installation of verge treatment other than permissible\nverge treatment\n250\n2.10 Failure to maintain permissible verge treatment or\nplacement of obstruction on verge\n125\n2.11 Failure to comply with notice to rectify verge treatment 125\n2.17(2) Failure to comply with sign on public place 125\n2.19(1) Driving or taking a vehicle on a closed thoroughfare 350\n3.2(1) Placing advertising sign or affixing any advertisement\non a thoroughfare without a permit\n125\n3.2(3) Erecting or placing of advertising sign in a prohibited\narea\n125\n4.1(1) Animal or vehicle obstructing a public place or local\ngovernment property\n125\n4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125\n4.2(2)(b) Animal on public place with infectious disease 125\n4.2(2)(c) Training or racing animal on thoroughfare in built-up\narea\n125\n4.2(3) Horse led, ridden or driven on thoroughfare in built-up\narea\n125\n4.5 Person leaving shopping trolley in public place other\nthan trolley bay\n125\n4.6(2) Failure to remove shopping trolley upon being advised of\nlocation\n125\n5.6(1) Driving a vehicle on other than the carriageway of a\nflora road\n250\n5.9 Planting in thoroughfare without a permit 250\n5.11 Failure to obtain permit to clear a thoroughfare 500\n5.13 Burning of thoroughfare without a permit 500\n5.17 Construction of firebreak on thoroughfare without a\npermit\n500\n5.19 Commercial harvesting of native flora on thoroughfare 500\n5.20(1) Collecting seed from native flora on thoroughfare\nwithout a permit\n350\n6.2(1) Conducting of stall in public place without a permit 350\n6.3(1) Trading without a permit 350\n6.8(1)(a) Failure of stallholder or trader to display or carry\npermit\n125\n6.8(1)(b) Stallholder or trader not displaying valid permit 125\n6.8(1)(c) Stallholder or trader not carrying certified scales when\nselling goods by weight\n125\n6.8(2) Stallholder or trader engaged in prohibited conduct 125\n6.10 Performing in a public place without a permit 125\n6.11(2) Failure of performer to move onto another area when\ndirected\n125\n6.14 Failure of performer to comply with obligations 125\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4707\nClause Description\nModified\nPenalty\n$\n6.16 Establishment or conduct of outdoor eating facility\nwithout a permit\n350\n6.18 Failure of permit holder of outdoor eating facility to\ncomply with obligations\n125\n6.20(1) Use of equipment of outdoor eating facility without\npurchase of food or drink from facility\n60\n6.20(2) Failure to leave outdoor eating facility when requested\nto do so by permit holder\n60\n7.5 Failure to comply with a condition of a permit 125\n7.9 Failure to produce permit on request of authorised\nperson\n125\n10.1 Failure to comply with notice given under local law 125\nDated this 20th day of November 2018.\nThe Common Seal of the Shire of Gingin was affixed by authority of a resolution of\nthe Council in the presence of—\nI. B. COLLARD, Shire President.\nA. COOK, Chief Executive Officer.\n———————————\nLG302\nLOCAL GOVERNMENT ACT 1995\nShire of Gingin\nLOCAL GOVERNMENT PROPERTY AMENDMENT LOCAL LAW 2018\nUnder the powers conferred on it by the Local Government Act 1995 and all other\nrelevant powers enabling it, the Council of the Shire of Gingin resolved on\n20 November 2018 to make this local law.\n1. Title\nThis local law may be cited as the Shire of Gingin Local Government Property\nAmendment Local Law 2018.\n2. Commencement\nThis local law commences 14 days after the day on which it is published in the\nGovernment Gazette.\n3. Principal Local Law\nThis local law amends the Shire of Gingin Local Government Property Local\nLaw 2004 as published in the Government Gazette on 13 September 2004 and as\namended in the Government Gazette on 10 October 2006.\n4. Clause 1.2 amended\nIn Clause 1.2—\n(a) In the definition for “Authorized Person” delete “authorized” and insert\n“authorised” wherever it appears in the definition.\n(b) Insert new definitions in alphabetical order as follows—\n“Code” means the Code of Practice for the Design, Operation, Management\nand Maintenance of Aquatic Facilities as published by the Chief Health\nOfficer, pursuant to the provisions of section 344A(2) of the Health\n(Miscellaneous Provisions) Act 1911;\n“Health Act” means the Health (Miscellaneous Provisions) Act 1911;\n“local public notice” has the same meaning as in section 1.7 of the Act;\n“nuisance” means—\n(a) any thing, condition, circumstance or state of affairs which is\ninjurious or dangerous to the heath of a reasonable person, or which\nhas a disturbing effect on the state of reasonable physical, mental or\nsocial wellbeing of a person;\n(b) anything a person does or permits or causes to be done which\ninterferes with or is likely to interfere with the enjoyment or safe\nuse by another person of any public place; and\n(c) anything a person does on public or private land which detracts\nfrom or interferes with the enjoyment or value of lands owned by\nanother person; and\n\n4708 GOVERNMENT GAZETTE, WA 11 December 2018\n“waste” includes matter—\n(a) whether liquid, solid, gaseous or radioactive and whether useful or\nuseless, which is discharged into the environment; or\n(b) prescribed by regulations under the Waste Avoidance and Resource\nRecovery Act 2007 to be waste.;\n(c) Amend the definition for “liquor” by deleting “Licensing” and substituting\n“Control”; and\n(d) Amend the definition for “trading” in paragraph (d) by deleting “and”.\n5. Clause 2.8 amended\nIn Clause 2.8—\n(a) After the clause title insert clause 2.8(1A) as follows—\n(1A) In this clause—\n“premises” means a building, stadium or similar structure which is\nlocal government property, but not an open space such as a park\nor a playing field.\n(b) Delete clause 2.8(3);\n(c) In clause 2.8(2)(g), delete “and”;\n(d) In clause 2.8(2)(h), delete the full stop and insert “; and”; and\n(e) After clause 2.8(2)(h) insert the following—\n(i) bring, ride or drive an animal.\n6. Clause 3.2 amended\nIn clause 3.2(5) insert “or where the requirements of subclauses (3) or (4) have not\nbeen satisfied” at the end of the clause.\n7. Clause 3.4 amended\nIn clause 3.4—\n(a) In clause 3.4(2), insert “the generality of” between “limiting” and “clause”;\nand\n(b) In clause 3.4(2)(h), delete “Licensing” and insert “Control”.\n8. Clause 3.9 amended\nIn clause 3.9(2) delete “mutatis mutandis” and insert “with appropriate\nmodification”.\n9. Clause 3.11 amended\nIn clause 3.11 delete “authorized” and insert “authorised” wherever it appears in the\nclause.\n10. Clause 3.13 amended\nIn clause 3.13—\n(a) In clause 3.13(1)(o), delete “or” at the end of the clause;\n(b) In clause 3.13(1)(p), delete the full stop and insert a semi colon; and\n(c) After clause 3.13(1)(p) insert the following—\n(q) deposit or store anything on local government property; or\n(r) erect, install, operate or use any broadcasting, public address system,\nloudspeaker or other device for the amplification of sound on local\ngovernment property.\n11. Clause 3.15 amended\nIn clause 3.15(1)(a) delete “Licensing” and insert “Control”.\n12. Clause 3.16 amended\nIn clause 3.16—\n(a) In clause 3.16(a), delete “authorized” and insert “authorised”; and\n(b) In clause 3.16(d), delete “Licensing” and insert “Control”.\n13. Clause 4.1 amended\nIn clause 4.1—\n(a) In clause 4.1(a), delete “or”.\n(b) In clause 4.1(b), delete the full stop and insert “; or”.\n(c) After clause 4.1(b) insert the following—\n(c) creating a nuisance.\n14. Clause 4.2 amended\nIn clause 4.2—\n(a) Renumber clause 4.2(1) and 4.2(2) as 4.2(2) and 4.2(1), respectively; and\n(b) In subclause 4.2(1), delete “subclause (1)” and insert “this clause”.\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4709\n15. Clause 4.3 amended\nIn clause 4.3—\n(a) Renumber clause 4.3(1) and 4.3(2) as 4.3(2) and 4.3(1), respectively; and\n(b) In subclause 4.3(2), delete “authorized” and substitute “authorised”.\n16. Clause 5.1 amended\nIn clause 5.1—\n(a) After the clause title, redesignate the remaining clause text as subclause (1);\n(b) In clause 5.1(1)—\n(i) Delete “authorized” and insert “authorised”; and\n(ii) Delete “, may direct to leave or shall remove or cause to be removed\nfrom”;\n(c) In clause 5.1(1)(a)(i)—\n(i) delete “under the age of 6 years” and substitute “minimum age as\nspecified in the Code”; and\n(ii) delete “of 14 years” and substitute “as specified in the Code”;\n(d) After clause 5.1(1)(a)(i) insert the following—\n(iia) under the minimum age as specified in the Code and who is\naccompanied by a responsible person over the age as specified in the\nCode where the responsible person is incapable of, or not providing,\nadequate supervision of, or care, for that person;\nand\n(e) After clause 5.1(1) insert the following—\n(2) If a person referred to in subclause 5.1(1)(a) or subclause 5.1(1)(b) is in\na pool area, a Manager or an authorised person must—\n(a) direct the person to leave; and\n(b) if the person refuses or fails to leave, remove the person or\narrange for the person to be removed, from the pool area.\n17. Clause 5.3 amended\nIn clause 5.3(2) delete “authorized” and insert “authorised”.\n18. Clause 5.4 amended\nIn clause 5.4—\n(a) In clause 5.4(2), delete “authorized” and insert “authorised”; and\n(b) In clause 5.4(4), delete “authorized” and insert “authorised”.\n19. Clause 5.5 amended\nIn clause 5.5—\n(a) In clause 5.5(b), delete “and”;\n(b) In clause 5.5(c), delete the comma and insert “; and”; and\n(c) After clause 5.5(c) insert the following—\n(d) not interfere with, obscure, obstruct or hang any item of clothing or\ntowel on a flag, sign, notice or item of life saving equipment,\n20. Clause 5.6 amended\nIn clause 5.6 delete “authorized” and insert “authorised”.\n21. Clause 5.7 amended\nIn clause 5.7—\n(a) Renumber clause 5.7 as clause 5.7(1);\n(b) In clause 5.7(1)(a), delete “or”;\n(c) In clause 5.7(1)(b), delete the full stop and substitute “; or”;\n(d) After clause 5.7(1)(b) insert the following—\n(c) families, then, when the toilet block or change room is being used by a\nfamily, only an immediate member of that family may use that entry\nof the toilet block or change room.\nand\n(e) After clause 5.7(1) insert the following—\n(2) Clause 5.7.1(a) and clause 5.7.1(b) do not apply to a child when\naccompanied by a parent, guardian or caregiver, where the child is—\n(a) under the age of eight years; or\n(b) otherwise permitted by an authorised person to use the relevant\nentry.\n\n4710 GOVERNMENT GAZETTE, WA 11 December 2018\n22. Clause 5.8 amended\nIn clause 5.8(1)(d) delete “authorized” and insert “authorised”.\n23. Clause 6.1 amended\nIn clause 6.1 delete “authorized” and insert “authorised” wherever it appears\nthroughout the clause.\n24. Clause 7.5 amended\nIn clause 7.5(d) insert “the” between “paid” and “fee”.\n25. Clause 7.6 amended\nIn clause 7.6 delete “authorized” and insert “authorised” wherever it appears\nthroughout the clause.\n26. Clause 7.11 amended\nIn clause 7.11 delete “authorized” and insert “authorised” wherever it appears\nthroughout the clause.\n27. Clause 8.1 amended\nIn clause 8.1—\n(a) Delete the clause title and substitute “Objections and Appeals”.\n(b) In the final sentence of the clause—\n(i) delete “regulations” and substitute “regulation”; and\n(ii) delete “and 34”.\n28. Clause 9.1 amended\nIn clause 9.1 delete “authorized” and insert “authorised” wherever it appears\nthroughout the clause.\n29. Clause 9.2 amended\nIn clause 9.2—\n(a) Delete “authorized” and substitute “authorised”; and\n(b) Insert “, or temporarily suspend a person from,” between “leave” and “local”.\n30. Clause 9.4 amended\nAfter the clause heading insert the following—\n(1A) In this clause—\n“costs” of the local government includes its administrative costs.\n31. Clause 10.4 amended\nIn clause 10.4(3) delete “authorized” and insert “authorised”.\n32. Schedule 1 amended\nDelete Schedule 1 and insert the following—\nSchedule 1\nPRESCRIBED OFFENCES\nClause Description\nModified\nPenalty\n$\n2.4 Failure to comply with determination 125\n3.6 Failure to comply with conditions of permit 125\n3.13(1) Failure to obtain a permit 125\n3.14(3) Failure to obtain permit to camp outside a facility 125\n3.15(1) Failure to obtain permit for liquor 125\n3.16 Failure of permit holder to comply with responsibilities 125\n4.2(1) Behaviour detrimental to property 125\n4.4 Under influence of liquor or prohibited drug 125\n4.6(2) Failure to comply with sign on local government\nproperty\n125\n5.2 Consuming food or drink in prohibited area 125\n5.5 Failure to comply with sign or direction on beach 125\n5.6 Unauthorised entry to fenced or closed local government\nproperty\n125\n5.7 Gender not specified using entry of toilet block or\nchange room\n125\n5.8(1) Unauthorised presence of animal on aerodrome 350\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4711\nClause Description\nModified\nPenalty\n$\n5.8(2) Animal wandering at large on aerodrome—person in\ncharge\n350\n5.8(3) Animal wandering at large on aerodrome—owner 350\n6.1(1) Unauthorised entry to function on local government\nproperty\n125\n7.3 Unauthorised use of any part of jetty which is closed or\nunder repair or construction\n125\n7.4 Mooring of boats in unauthorised manner 125\n7.5 Unauthorised mooring of a boat to jetty 125\n7.6 Failure to remove moored boat on direction of\nauthorised person\n125\n7.7 Launching of boat from jetty without consent 125\n7.8 Mooring when not ready to load or discharge cargo, at\ntimes not permitted or for longer than permitted\n125\n7.9 Unlawful storing of goods on jetty 125\n7.10 Removing goods from jetty during other than permitted\nhours\n125\n7.11 Failure to remove cargo on jetty on direction of\nauthorised person\n125\n7.12 Unauthorised deposit of bulk cargo on jetty 125\n7.14 Fishing from jetty or bridge so as to obstruct a boat or\nanother person\n125\n10.1 Failure to comply with notice 250\nDated this 20th day of November 2018.\nThe Common Seal of the Shire of Gingin was affixed by authority of a resolution of\nthe Council in the presence of—\nI. B. COLLARD, Shire President.\nA. COOK, Chief Executive Officer.\n———————————\nLG303\nLOCAL GOVERNMENT ACT 1995\nShire of Gingin\nPARKING AND PARKING FACILITIES AMENDMENT LOCAL LAW 2018\nUnder the powers conferred on it by the Local Government Act 1995 and all other\nrelevant powers, the Council of the Shire of Gingin resolved on 20 November 2018 to\nmake this local law.\n1. Title\nThis local law may be cited as the Shire of Gingin Parking and Parking Facilities\nAmendment Local Law 2018.\n2. Commencement\nThis local law commences 14 days after the day on which it is published in the\nGovernment Gazette.\n3. Principal Local Law\nThis local law amends the Shire of Gingin Parking and Parking Facilities Local\nLaw 2004 as published in the Government Gazette on 13 September 2004 and as\namended in the Government Gazette on 10 October 2006.\n4. Enacting clause amended\nThe enacting clause is amended by deleting “Local Law” and substituting “local law”.\n5. Clause 1.3 amended\nIn clause 1.3—\n(a) Delete the definition for ‘ACROD sticker’;\n(b) In the definition for ‘authorised person’ delete “Local Law” and insert\n“local law”;\n(c) Delete the definition for ‘carriageway’ and insert—\n‘carriageway’ has the meaning given to it by the Code;\n\n4712 GOVERNMENT GAZETTE, WA 11 December 2018\n(d) Delete the definition for ‘centre’ and insert—\n‘centre’ has the meaning given to it by the Code;\n(e) In the definition for ‘commercial vehicle’—\n(i) Insert “, adapted or fitted” between “constructed” and “for”;\n(ii) Insert “, materials” between “goods” and “or”;\n(iii) Delete “or” following “merchandise,” and insert “and includes a vehicle\nwhich is used”; and\n(iv) Delete the remainder of the definition following “passengers,” and\ninsert “which is used for that purpose”.\n(f) Insert new definitions in alphabetical order as follows—\n‘disability parking permit’ has the meaning given to it in the Local\nGovernment (Parking for People with Disabilities) Regulations 2014;\n‘driveway’ means the portion of land which lies between the boundary of a\ncarriageway and the boundary of the adjacent property that is\nconstructed for the purpose of ingress and egress to and from the\nproperty;\n‘kerb’ means any structure, mark, marking or device to delineate or indicate\nthe edge of a carriageway;\n‘length of carriageway’ means the same side of the road between\nintersections on that side of the road;\n‘loading zone sign’ means a sign with the words ‘loading zone’ in white\nletters on a red background and may have an arrow pointing in a\ndirection;\n‘obstruction’ has the meaning given to it in the Code;\n‘parking control sign’ has the meaning given to it by the Code;\n‘unattended’ means the driver has left the vehicle so that the driver is\nmore than three metres from the closest point of the vehicle.\n(g) Delete the definition for ‘edge line’ and insert—\n‘edge line’ has the meaning given to it by the Code;\n(h) Delete the definition for ‘Loading Zone’ and insert—\n‘Loading Zone’ has the meaning given to it by the Code;\n(i) Delete the definition for ‘owner’ and insert—\n‘owner’—\n(a) where used in relation to a vehicle licensed under the Road Traffic\nAct, means the person in whose name the vehicle has been registered\nunder that Road Traffic Act;\n(b) where used in relation to any other vehicle, means the person who\nowns, or is entitled to possession of, that vehicle; and\n(c) where used in relation to land, has the meaning given to it by the Act;\n(j) Delete the definition for ‘park’ and insert—\n‘park’ has the meaning given to it by the Code;\n(k) In the definition for ‘parking station’, delete the remainder of the\ndefinition following “vehicles”.\n(l) In the definition for ‘schedule’, delete “Local Law” and insert “local law”.\n(m) Delete the definition for ‘stop’ and insert—\n‘stop’ has the meaning given to it by the Code;\n(n) In the definition for ‘symbol’, delete “Local Law” and insert “local law”.\n(o) Delete the definition for ‘taxi’ and insert—\n‘taxi’ has the meaning given to it by the Code;\n(p) Delete the definition for ‘trailer’ and insert—\n‘trailer’ has the meaning given to it by the Code;\n(q) In the definition for ‘vehicle’, insert “and” at the end of the definition.\n6. Clause 1.4 amended\nIn clause 1.4(2) delete “Local Law” and insert “local law”.\n7. Clause 1.5 amended\nIn clause 1.5 delete “Local Law” wherever it appears in the clause and insert “local\nlaw”.\n8. Clause 1.6 amended\nIn clause 1.6 delete “Local Law” and insert “local law”.\n9. Clause 1.7 amended\nIn clause 1.7 delete “Local Law” and insert “local law”.\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4713\n10. Clause 1.8 amended\nIn clause 1.8 delete “Local Law” and insert “local law”.\n11. Clause 2.10 amended\nIn clause 2.10 delete “Local Law” and insert “local law”.\n12. Clause 3.1 amended\nIn clause 3.1—\n(a) After the clause title, redesignate the remaining text as clause 3.1(1).\n(b) After clause 3.1(1) insert the following—\n(2) Where the local government makes a determination under subclause\n3.1(1) it shall erect signs to give effect to the determination.\n13. Clause 3.8 amended\nIn clause 3.8(3) delete “an ACROD sticker” wherever it appears and insert “a\ndisability parking permit”.\n14. Clause 4.1 amended\nIn clause 4.1—\n(a) In subclause 4.1(2)(a) delete “an ACROD sticker” wherever it appears in the\nsubclause and insert “a disability parking permit”.\n(b) In subclause 4.1(3)(b) delete “Local Law” and substitute “local law”.\n15. Clause 4.2 amended\nIn clause 4.2(1)(d) delete “Local Law” and insert “local law”.\n16. Clause 4.6 amended\nIn clause 4.6 delete “Local Law” and insert “local law”.\n17. Clause 4.8 amended\nIn clause 4.8(2) delete “two” and insert “2”.\n18. Clause 5.1 amended\nIn clause 5.1(2)—\n(a) Delete “is” at the end of the first part of the clause;\n(b) Insert “is” at the beginning of clause 5.1(2)(a).\n19. Clause 7.1 amended\nIn clause 7.1 delete “these local laws” wherever it appears in the clause and insert\n“this local law”.\n20. Clause 7.2 amended\nIn clause 7.2(20)(b) delete “these Local Laws” and insert “this local law”.\n21. Clause 7.4 amended\nIn clause 7.4(1)(b) delete “these local laws” and insert “this local law”.\n22. Clause 7.5 amended\nIn clause 7.5(2) delete “these Local Laws” and insert “this local law”.\n23. Clause 7.7 amended\nIn clause 7.7—\n(a) In clause 7.7(1), delete “10m” and insert “10 metres”.\n(b) In clause 7.7(1)(b), delete “these Local Laws” and insert “this local law”.\n24. Clause 7.8 amended\nIn clause 7.8 delete “these Local Laws” and insert “this local law”.\n25. Clause 7.10 amended\nIn clause 7.10 delete “these Local Laws” wherever it appears in the clause and insert\n“this local law”.\n26. Clause 7.11 amended\nIn clause 7.11(b) delete “these Local Laws” and insert “this local law”.\n27. Clause 7.12 amended\nIn clause 7.12(a) delete “one” and insert “1”.\n28. Clause 7.15 deleted\nDelete clause 7.15.\n29. Clause 9.2 amended\nIn clause 9.2 delete “Local Law” wherever it appears in the clause and insert “local\nlaw”.\n\n4714 GOVERNMENT GAZETTE, WA 11 December 2018\n30. Clause 9.3 amended\nIn clause 9.3 delete “Local Law” and insert “local law”.\n31. Clause 9.4 amended\nIn clause 9.4(1) delete “Local Law” and insert “local law”.\n32. Clause 9.5 amended\nIn clause 9.5 delete “Local Law” and insert “local law”.\n33. Clause 10.1 amended\nIn clause 10.1 delete “Local Law” wherever it appears in the clause and insert “local\nlaw”.\n34. Clause 10.2 amended\nDelete clause 10.2 and insert the following—\n10.2 Form of notices\nFor the purposes of this local law—\n(a) the form of the notice referred to in section 9.13 of the Act is that of Form 1\nin Schedule 1 of the Local Government (Functions and General)\nRegulations 1996;\n(b) the form of the infringement notice referred to in section 9.17 of the Act is\nthat of Form 2 in Schedule 1 of the Local Government (Functions and\nGeneral) Regulations 1996; and\n(c) the form of the infringement withdrawal notice referred to in section 9.20 of\nthe Act is that of Form 3 in Schedule 1 of the Local Government (Functions\nand General) Regulations 1996.\n35. Schedule 2 amended\nDelete Schedule 2 insert the following—\nSchedule 2\nParking and Parking Facilities Local Law 2004\nPRESCRIBED OFFENCES\nItem\nNo.\nClause\nNo. Nature of Offence\nModified\nPenalty\n$\n1 2.2 Failure to pay fee for metered space 100\n2 2.3 Parking in excess of period shown on metered\nspace\n75\n3 2.4 Parking when meter has expired 100\n4 2.6(1) Failure to park wholly within metered space 75\n5 2.6(3) Parking outside metered zone 75\n6 2.7 Non-permitted insertion in parking meter 100\n7 2.8 Failure to display ticket clearly in metered zone 100\n8 2.9 Parking or attempting to park a vehicle in a\nmetered space occupied by another vehicle\n75\n9 2.10 Parking contrary to a meter hood 100\n10 3.2 Failure to park wholly within parking stall 75\n11 3.2(4) Failure to park wholly within parking area 75\n12 3.3 Failure to pay parking station fee 100\n13 3.5 Leaving without paying parking station fee 100\n14 3.7 Failure to display ticket clearly in parking\nstation\n100\n15 3.8(1)(a) Causing obstruction in parking station 100\n16 3.8(1)(b) Parking contrary to sign in parking station 100\n17 3.8(1)(c) Parking contrary to directions of Authorised\nPerson\n100\n18 3.8(1)(d) Parking or attempting to park a vehicle in a\nparking stall occupied by another vehicle\n75\n19 4.1(1)(a) Parking wrong class of vehicle 75\n20 4.1(1)(b) Parking by persons of a different class 75\n21 4.1(1)(c) Parking during prohibited period 75\n22 4.1(3)(a) Parking in no parking area 100\n23 4.1(3)(b) Parking contrary to signs or limitations 75\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4715\nItem\nNo.\nClause\nNo. Nature of Offence\nModified\nPenalty\n$\n24 4.1(3)(c) Parking vehicle in motor cycle only area 75\n25 4.1(4) Parking motor cycle in stall not marked “M/C” 75\n36 4.1(5) Parking without permission in an area\ndesignated for “Authorised Vehicles Only”\n90\n27 4.2(1)(a) Failure to park on the left of two-way\ncarriageway\n75\n28 4.2(1)(b) Failure to park on boundary of one-way\ncarriageway\n75\n29 4.2(1)(a)\nor\n4.2(1)(b)\nParking against the flow of traffic 90\n30 4.2(1)(c) Parking when distance from farther boundary\nless than 3 metres\n90\n31 4.2(1)(d) Parking closer than 1 metre from another\nvehicle\n75\n32 4.2(1)(e) Causing obstruction 100\n33 4.3(b) Failure to park at approximate right angle 75\n34 4.4(2) Failure to park at an appropriate angle 75\n35 4.5(2)(a)\nand 7.2\nDouble parking 90\n36 4.5(2)(b) Parking on or adjacent to a median strip 75\n37 4.5(2)(c) Denying access to private drive or right of way 100\n38 4.5(2)(d) Parking beside excavation or obstruction so as\nto obstruct traffic\n100\n39 4.5(2)(e) Parking within 10 metres of traffic island 90\n40 4.5(2)(f) Parking on footpath/pedestrian crossing 100\n41 4.5(2)(g) Parking contrary to continuous line markings 90\n42 4.5(2)(h) Parking on intersection 90\n43 4.5(2)(i) Parking within 1 metre of fire hydrant or fire\nplug\n100\n44 4.5(2)(j) Parking within 3 metres of public letter box 75\n45 4.5(2)(k) Parking within 10 metres of intersection 90\n46 4.5(3)(a)\nor (b)\nParking vehicle within 10 metres of departure\nside of bus stop, children’s crossing or\npedestrian crossing\n100\n47 4.5(4)(a)\nor (b)\nParking vehicle within 20 metres of approach\nside of bus stop, children’s crossing or\npedestrian crossing\n100\n48 4.5(5) Parking vehicle within 20 metres of approach\nside or departure side of railway level crossing\n100\n49 4.6 Parking contrary to direction of Authorised\nPerson\n100\n50 4.7(2) Removing mark of Authorised Person 100\n51 4.8 Moving vehicle to avoid time limitation 75\n52 4.9(a) Parking in thoroughfare for purpose of sale 100\n53 4.9(b) Parking unlicensed vehicle in thoroughfare 100\n54 4.9(c) Parking a trailer/caravan on a thoroughfare 75\n55 4.9(d) Parking in thoroughfare for purpose of repairs 75\n56 4.10(1)\nor (2)\nParking on land that is not a parking facility\nwithout consent\n100\n57 4.10(3) Parking on land not in accordance with consent 75\n58 4.11 Driving or parking on reserve 75\n59 5.1(1) Stopping contrary to a “no stopping” sign 75\n60 5.1(2) Parking contrary to a “no parking” sign 75\n61 5.1(3) Stopping within continuous yellow lines 75\n62 6.1 Stopping unlawfully in a loading zone 75\n63 6.2 Stopping unlawfully in a taxi zone or bus zone 75\n\n4716 GOVERNMENT GAZETTE, WA 11 December 2018\nItem\nNo.\nClause\nNo. Nature of Offence\nModified\nPenalty\n$\n64 6.3 Stopping unlawfully in a mail zone 75\n65 6.4 Stopping in a zone contrary to a sign 75\n66 7.1 Stopping in a shared zone 75\n67 7.3 Stopping near an obstruction 90\n68 7.4 Stopping on a bridge or tunnel 75\n69 7.5 Stopping on crests/curves etc 100\n70 7.6 Stopping near fire hydrant 100\n71 7.7 Stopping near bus stop 90\n72 7.8 Stopping on path, median strip or traffic island 75\n73 7.9 Stopping on verge 75\n74 7.10 Obstructing path, a driveway etc 75\n75 7.11 Stopping near letter box 75\n76 7.12 Stopping heavy or long vehicles on carriageway 90\n77 7.13 Stopping in bicycle parking area 75\n78 7.14 Stopping in motorcycle parking area 75\n79 8.3 Failure to remove permit when residence\nchanged\n75\n80 9.6 Leaving vehicle so as to obstruct a public place 100\n81 All other offences not specified 75\n36. Schedule 3 deleted\nDelete Schedule 3.\n————\nDated this 20th day of November 2018.\nThe Common Seal of the Shire of Gingin was affixed by authority of a resolution of\nthe Council in the presence of—\nI. B. COLLARD, Shire President.\nA. COOK, Chief Executive Officer.\n———————————\nLG304\nLOCAL GOVERNMENT ACT 1995\nShire of Gingin\nREPEAL LOCAL LAW 2018\nUnder the powers conferred by the Local Government Act 1995 and under all other\npowers enabling it, the Council of the Shire of Gingin resolved on 20 November 2018\nto make the following local law.\n1. Citation\nThis local law may be cited as the Shire of Gingin Repeal Local Law 2018.\n2. Commencement\nThis local law comes into operation 14 days after the day on which it is published in\nthe Government Gazette.\n3. Repeal\nThe following by-laws are hereby repealed—\n(a) The By-laws of the Gingin Road Board published in the Government Gazette\non 7 November 1913.\n(b) The Gingin Road Board By-law for Regulating the Hawking of Fruit, Fish,\nMeat, Poultry, Game, or Vegetables, or any Article of Merchandise and\nRequiring Licenses to be Obtained by Hawkers and Enforcing the Obligation\nof Hawkers and Traders to Carry Scales published in the Government\nGazette on 13 February 1914.\n(c) The Gingin Road Board By-laws—Schedules published in the Government\nGazette on 6 March 1914.\n(d) The Gingin Road Board By-law Prohibiting Smoking in the Gingin\nAgricultural Hall published in the Government Gazette on 28 January 1927.\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4717\n(e) The Gingin Road Board By-laws Relating to Control of Dogs published in the\nGovernment Gazette on 13 December 1929.\n(f) The Gingin Road Board By-law Prohibiting Dogs Being Allowed Within the\nInner Enclosure on Reserve No. 10216, at the Mouth of the Moore River\npublished in the Government Gazette on 6 February 1931.\n(g) The Gingin Road Board By-law No. 114 in Relation to Occupying, or\nPasturing Stock on, Land Under the Control of the Road Board published in\nthe Government Gazette on 24 April 1931.\n(h) The Gingin Road Board By-law No. 117—To Provide Restrictions as to\nHawkers published in the Government Gazette on 23 December 1932.\n(i) The Gingin Road Board By-law No. 118 Prohibiting Interference with the\nSand Bar at the Mouth of the Moore River published in the Government\nGazette on 24 July 1936.\n(j) The Gingin Road Board By-law Relating to the Use of Rifles on Reserve\nNo. A10216 at the Mouth of the Moore River published in the Government\nGazette on 23 June 1939.\n(k) The Gingin Road Board By-law for Regulating the Board’s Water Supplies\npublished in the Government Gazette on 23 May 1941.\n(l) The Gingin Road Board Poundage Fees, Sustenance Charges, and By-laws\npublished in the Government Gazette on 30 July 1943.\n(m) The Gingin Road Board By-law No. 124—Fee to Enter Picnic Reserves\nControlled by the Road Board published in the Government Gazette on\n14 November 1947.\n(n) The Gingin Road Board By-laws for Control of Gingin Road Board\nAgricultural Hall published in the Government Gazette on 11 April 1956.\n(o) The amendments to the Gingin Road Board By-laws for Control of Gingin\nAgricultural Hall published in the Government Gazette on 20 December\n1957.\n(p) The Shire of Gingin By-laws Relating to the Removal of Refuse, Rubbish or\nOther Material published in the Government Gazette on 10 December 1964.\n(q) The Shire of Gingin By-laws Relating to Parks and Reserves published in the\nGovernment Gazette on 9 December 1955.\n(r) The Gingin Road Board By-laws Prescribing What Constitutes a Sufficient\nFence published in the Government Gazette on 24 May 1961.\n(s) The Shire of Gingin By-laws for the Management, Use and Letting of the\nGuilderton Recreation Centre and Lancelin Hall published in the\nGovernment Gazette on 1 October 1964.\n(t) The Shire of Gingin Adoption of Model By-laws No. 14—Safety, Decency,\nConvenience and Comfort of Persons in Respect of Bathing published in the\nGovernment Gazette on 13 July 1967.\n(u) The Shire of Gingin Adoption of Draft Model By-laws (Holiday Cabins and\nChalets) No. 18 published in the Government Gazette on 24 March 1969.\n(v) The Erratum to the Shire of Gingin Adoption of Draft Model By-laws\n(Holiday Cabins and Chalets) No. 18 published in the Government Gazette\non 23 April 1969.\n(w) The Adoption of Draft Model By-laws Relating to Caravan Parks and\nCamping Grounds No. 2 published in the Government Gazette on\n1 December 1970.\n(x) The amendment (metric conversion) of By-law 5 of the Draft Model By-laws\nRelating to Caravan Parks and Camping Grounds No. 2 published in the\nGovernment Gazette on 21 December 1973.\n(y) The amendment (metric conversion) of the Local Government Draft Model\nBy-laws (Safety, Decency, Convenience and Comfort of Persons in Respect of\nBathing) No. 14 published in the Government Gazette on 30 May 1975.\n(z) The amendment to the By-laws Governing Safety, Decency, Convenience and\nComfort of Persons in Respect of Bathing No. 14 published in the\nGovernment Gazette on 7 December 1979.\n————\nDated this 20th day of November 2018.\nThe Common Seal of the Shire of Gingin was affixed by authority of a resolution of\nthe Council in the presence of—\nI. B. COLLARD, Shire President.\nA. COOK, Chief Executive Officer.\n———————————\n\n4718 GOVERNMENT GAZETTE, WA 11 December 2018\n— PART 2 —\nAGRICULTURE AND FOOD\nAG401\nBIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007\nBIOSECURITY AND AGRICULTURE MANAGEMENT\n(PERMITTED ORGANISMS) DECLARATION (NO. 7) 2018\nMade under section 11 of the Act by a Director of the Department of Primary Industries and Regional\nDevelopment as delegate of the Minister.\n1. Citation\nThis declaration is the Biosecurity and Agriculture Management (Permitted Organisms) Declaration\n(No. 7) 2018.\n2. Permitted organisms\n(1) An organism listed below is declared under section 11 of the Act to be a permitted organism.\n(2) All previous declarations under the Act relating to the organisms below are revoked.\n  Agave ovatifolia G.D.Starr & Villarreal\n  Citrus deliciosa Ten. x Citrus sinensis (L.) Osbeck\n  Isopogon cuneatus R.Br. x Isopogon buxifolius R.Br.\n  Lepidosperma asperatum (Kuek.) R.L.Barrett\n  Rhaphidophora cryptantha P.C.Boyce & C.M.Allen\n  Sonchus fruticosus L.f.\n  Sonchus palmensis (Sch.Bip.) Boulos\nVICTORIA AITKEN, A/Director, Invasive Species,\nDepartment of Primary Industries and Regional Development.\nCONSUMER PROTECTION\nCP401\nRETAIL TRADING HOURS ACT 1987\nRETAIL TRADING HOURS (SHIRE OF LAKE GRACE) CHRISTMAS VARIATION ORDER 2018\nMade by the Minister for Commerce and Industrial Relations under section 12E of the Act.\n1. Citation\nThis order is the Retail Trading Hours (Shire of Lake Grace) Christmas Variation Order 2018.\n2. Commencement\nThis order comes into operation as follows—\n(a) clauses 1 and 2—on the day on which this order is published in the Gazette;\n(b) the rest of the order—on the day after that day.\n3. Variation of retail trading hours\n(1) For the period commencing on Wednesday 12 December 2018 and ending on Tuesday 1 January\n2019, (both dates inclusive), general retail shops, other than motor vehicle shops, in the Lake Grace\nlocal government district, are authorised to be open, at times when those shops would otherwise be\nrequired to be closed—\n(a) on each Monday, Tuesday, Wednesday and Friday, from 6.00 pm until 9.00 pm; and\n(b) on each Sunday and public holiday, from 11.00 am until 5.00 pm.\n(2) Despite subclause 3(1), general retail shops in the Lake Grace local government district are\nrequired to be closed on Christmas Day, Tuesday 25 December 2018.\nW. JOHNSTON, Minister for Commerce and Industrial Relations.\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4719\nCP402\nRETAIL TRADING HOURS ACT 1987\nRETAIL TRADING HOURS (SHIRE OF KELLERBERRIN) CHRISTMAS VARIATION ORDER 2018\nMade by the Minister for Commerce and Industrial Relations under section 12E of the Act.\n1. Citation\nThis order is the Retail Trading Hours (Shire of Kellerberrin) Christmas Variation Order 2018.\n2. Commencement\nThis order comes into operation as follows—\n(a) clauses 1 and 2—on the day on which this order is published in the Gazette;\n(b) the rest of the order—on the day after that day.\n3. Variation of retail trading hours\nGeneral retail shops, other than motor vehicle shops, in the Kellerberrin local government district are\nauthorised to be open at times when those shops would otherwise be required to be closed—\n(a) on the day specified in the Table; and\n(b) during the hours specified for that day in the Table.\nTable\nDay Hours\nFriday 14 December 2018 From 6.00 pm until 9.00 pm\nW. JOHNSTON, Minister for Commerce and Industrial Relations.\nFISHERIES\nFI401\nFISH RESOURCES MANAGEMENT ACT 1994\nGRANT OF AQUACULTURE LEASE\nFD [519/18]\nI, Dave Kelly, Minister for Fisheries, Western Australia, hereby give notice under section 97(9) of the\nFish Resources Management Act 1994 that I have granted an aquaculture lease to Huon Aquaculture\nCompany Pty Ltd (ACN 067 386 109) within the Mid-West Aquaculture Development Zone at the\nAbrolhos Islands for a term ending 30 June 2038.\nDetails of the lease are available from the register maintained by the Department of Primary\nIndustries and Regional Development, Perth.\nDated the 7th day of July 2018.\nHon DAVE KELLY MLA, Minister for Fisheries.\n———————————\nFI402\nFISH RESOURCES MANAGEMENT ACT 1994\nPILBARA TRAP MANAGED FISHERY MANAGEMENT PLAN 1992\nDETERMINATION\nDetermination of the Capacity of the Pilbara Trap Managed Fishery for\nthe 2019 Licensing Period\nI, Heather Brayford, Deputy Director General of the Department of Primary Industries and Regional\nDevelopment, as delegate of the Chief Executive Officer, pursuant to clause 14(3) of the Pilbara Trap\nManaged Fishery Management Plan 1992, having taken into account advice from the Director\nFisheries Science and Resource Assessment and consulted with Pilbara Trap Managed Fishery\nlicence holders, consider it appropriate to do so and do hereby determine that the capacity of the\nPilbara Trap Managed Fishery shall be limited to 5,456 trap days for the period commencing\n1 January 2019 and ending 31 December 2019.\nDated this 4th day of December 2018.\nHEATHER BRAYFORD, Deputy Director General,\nSustainability and Biosecurity.\n\n4720 GOVERNMENT GAZETTE, WA 11 December 2018\nFI403\nFISH RESOURCES MANAGEMENT ACT 1994\nNORTHERN DEMERSAL SCALEFISH FISHERY MANAGEMENT PLAN 2000\nDETERMINATION\nDetermination of the Capacity of Zones in Area 2 of the Northern Demersal Scalefish\nManaged Fishery for the 2019 Licensing Period\nI, Heather Brayford, Deputy Director General of the Department of Primary Industries and Regional\nDevelopment, as delegate of the Chief Executive Officer, pursuant to clause 19 of the Northern\nDemersal Scalefish Fishery Management Plan 2000 and after having taken into account advice\nreceived from the Director Fisheries Science and Resource Assessment and consulted with Area 2\nlicence holders, do hereby determine that the capacity of Area 2 of the Northern Demersal Scalefish\nManaged Fishery shall be—\n  a maximum of 616 fishing days for Zone A;\n  a maximum of 985.6 fishing days in Zone B; and\n  a maximum of 1,100 fishing days for Zone C\nfor the period commencing 1 January 2019 and ending on 31 December 2019.\nDated this 30th day of November 2018.\nHEATHER BRAYFORD, Deputy Director General.\nHEALTH\nHE401\nMENTAL HEALTH ACT 2014\nMENTAL HEALTH (APPROVAL TO PERFORM ELECTROCONVULSIVE THERAPY)\nORDER (NO. 2) 2018\nMade by the Chief Psychiatrist under section 544 of the Act.\n1. Citation\nThis order may be cited as the Mental Health (Approval to Perform Electroconvulsive Therapy) Order\n(No. 2) 2018\n2. Commencement\nThis order comes into operation as follows—\n(a) clauses 1 and 2 on the day on which this order is published in the Gazette;\n(b) the rest of the order—on the date after that day.\n3. Revocation of orders\nThe orders specified in Schedule 1 are revoked.\n4. Approval to perform Electroconvulsive Therapy\nThe mental health services specified in Schedule 2 to this order are approved as a mental health\nservice at which electroconvulsive therapy can be performed.\nSchedule 1—Revocation of Orders\nMental Health Service (Approval For Electroconvulsive Therapy) Order (No. 1) 2015\nMental Health Service (Approval For Electroconvulsive Therapy) Order (No. 2) 2015\nMental Health Service (Approval For Electroconvulsive Therapy) Order (No. 3) 2015\nMental Health Service (Approval For Electroconvulsive Therapy) Order (No. 4) 2015\nMental Health Service (Approval For Electroconvulsive Therapy) Order (No. 5) 2015\nMental Health Service (Approval For Electroconvulsive Therapy) Order (No. 6) 2015\nMental Health Service (Approval For Electroconvulsive Therapy) Order (No. 7) 2015\nMental Health Service (Approval For Electroconvulsive Therapy) Order (No. 8) 2015\nMental Health Service (Approval For Electroconvulsive Therapy) Order (No. 9) 2015\nMental Health Service (Approval For Electroconvulsive Therapy) Order (No. 10) 2015\nMental Health Service (Approval For Electroconvulsive Therapy) Order (No. 1) 2018\nSchedule 2--Approved Mental Health Service\nAlbany Health Campus\nArmadale Hospital\nBentley Hospital\nFremantle Hospital\nHollywood Private Hospital\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4721\nJoondalup Health Campus\nThe Marian Centre\nPerth Clinic\nRockingham General Hospital\nSir Charles Gairdner Hospital\nSt John of God Midland Public Hospital\nDr. SOPHIE DAVISON, Acting Chief Psychiatrist.\nDated 7 December 2018.\nJUSTICE\nJU401\nPrisons Act 1981\nPERMIT DETAILS\nPursuant to Section 15U of the Prisons Act 1981, I hereby issue the following permits—\nSurname Other Name(s) Permit No.\nAnania Jo-Anne MEL 0127\nArnold Renee MEL 0128\nBoston Chad Matthew MEL 0129\nChantler Christopher David MEL 0130\nClifford Sharna Renae Jane MEL 0131\nDalziell Aaron Blake MEL 0132\nJones Samuel Robert MEL 0133\nMcDonell Gary MEL 0134\nMills Rebecca Lee MEL 0135\nNason Annemarie MEL 0136\nNeylon Barry John MEL 0137\nNovakovic Danijel MEL 0138\nShaw Natasha Marie MEL 0139\nTougher Louise Christina MEL 0140\nWright Hannah Leigh MEL 0141\nTONY HASSALL, Commissioner.\n29 November 2018.\n———————————\nJU402\nCOURT SECURITY AND CUSTODIAL SERVICES ACT 1999\nPERMIT DETAILS\nPursuant to the provisions of section 55(1) of the Court Security and Custodial Services Act 1999, the\nCommissioner of Corrective Services has revoked the following Permits to do High-Level Security\nWork—\nSurname First Name(s) Permit Number Date Permit Revoked\nCorfield Christopher BRS-180054 29/11/2018\nBowles Graeme BRS-170521 29/11/2018\nParkins Bronwyn BRS-180018 29/11/2018\nGajic Bojana BRS-170463-1 29/11/2018\nMihajlovic Sasa BRS-170373-1 29/11/2018\nThis notice is published under section 57(1) of the Court Security and Custodial Services Act 1999.\nSUE HOLT, Assistant Director,\nPrisoner Transport and Custodial Services Contract Management.\n\n4722 GOVERNMENT GAZETTE, WA 11 December 2018\nLOCAL GOVERNMENT\nLG401\nBUSH FIRES ACT 1954\nCity of Albany\nAPPOINTMENTS\nThe following persons have been appointed to the designated positions for the City of Albany in\naccordance section 38(1) of the Bush Fires Act 1954. All previous appointments are hereby cancelled—\nSenior Fire Control Officers—\nChief Bush Fire Control Officer Gary Duncan\nDeputy Chief Fire Control Officer Graeme Poole\nSenior Fire Control Officer NE Michael Moir, Richard Metcalfe\nSenior Fire Control Officer SW Alan Hawley, Kevin Martin\nFire Control Officers—\nBornholm Laurie Nissen, Chris Ayres, Andrew Ponsford\nElleker Roy Smith, Craig Wickham\nGnowellen Morgan Sounness, Jeff Stoney\nGreen Range Ian Smith, Mark Plunkett\nHighway Gerrit Ballast, Walter Van Dongen\nKalgan Darryl Bradley, Kevin Bransby, Don Tomlinson\nKing River Sandy Lyon, Malcolm Pearce\nKojaneerup Ashton Hood, Scott Smith\nManypeaks Kim Lester, Tim Metcalfe\nNapier Tom Collins, Brett Smoker\nRedmond Pieter Mostert, Lance Flett\nSouth Coast Shane Duncan, Rowan Hardey\nSouth Stirling Graeme Pyle, John Howard\nTorbay Keith Smith, Sam Cockburn\nWellstead Peter Diprose, Richard Chadwick\nYoungs Siding Kevin Martin, Martin Peterson\nCity of Albany Tony Ward, Garry Turner, Brendan Gordon, Colin Hyde, Nathan Tysoe,\nMichael McCaffrey, Kym Lyall, Clifford McLaughlin, Brendan Jellay,\nKrysten York, Charl Botha, Matthew Musgrave, David Charlton, Joshua\nPotts.\nFire Weather Officers—\nGary Duncan, Graeme Poole\nAppointment of Dual Fire Control Officers—\nShire of Plantagenet John Russell, Bryce Skinner, Jim Bailey, Chris Norton\nShire of Jerramungup Stuart Hocking\nShire of Gnowangerup Chris Stone, Darren Baum\nBy order of the Council,\nANDREW SHARPE, Chief Executive Officer.\nMARINE/MARITIME\nMA401\nWESTERN AUSTRALIAN MARINE ACT 1982\nNAVIGABLE WATERS REGULATIONS 1958\nPROHIBITED SWIMMING AREA\nPerth Waters, Swan River\nDepartment of Transport,\nFremantle WA, 11 December 2018.\nActing pursuant to the powers conferred by Regulation 10A (b) of the Navigable Waters\nRegulations 1958, I hereby close the following area of water to swimming between 8:45 pm and\n9:45 pm on Saturday 15th December 2018—\nPerth Waters, Swan River\nArea of Closure:—All the waters within a 150 metre radius of the firing point located at\napproximately 31° 57.893′S, 115° 51.950′E (approximately 400 metres southwest of Langley\nPark).\nThis area is set aside for safety measures during the set up and display of pyrotechnics.\nCHRISTOPHER J. MATHER, Director Waterways Safety Management,\nDepartment of Transport.\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4723\nPARLIAMENT\nPA401\nPARLIAMENT OF WESTERN AUSTRALIA\nRoyal Assent to Bill\nIt is hereby notified for public information that the Governor has Assented in the name and on behalf\nof Her Majesty the Queen, on the date shown, to the undermentioned Act passed by the Legislative\nCouncil and the Legislative Assembly during the First Session of the Fortieth Parliament.\nTitle of Act Date of Assent Act No.\nNational Redress Scheme for Institutional Child Sexual\nAbuse (Commonwealth Powers) Act 2018\n5 December 2018 36 of 2018\nNIGEL PRATT, Clerk of the Parliaments.\nDated 6 December 2018.\nPLANNING\nPL402\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Stirling\nLocal Planning Scheme No. 3—Amendment No. 90\nRef: TPS/2350\nIt is hereby notified for public information, in accordance with section 87 of the Planning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Stirling Local Planning\nScheme amendment on 12 October 2018 for the purpose of—\n1. Amending the Scheme Map (Sheet 1) by rezoning Lots 125-128, House Numbers 12,10, 8 and\n6, Bazaar Terrace, Scarborough from ‘Civic’ to ‘Residential (R30)’.\nM. IRWIN, Mayor.\nS. JARDINE, Chief Executive Officer.\n———————————\nPL403\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Stirling\nLocal Planning Scheme No. 3—Amendment No. 92\nRef: TPS/2347\nIt is hereby notified for public information, in accordance with section 87 of the Planning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Stirling Local Planning\nScheme amendment on 23 November 2018 for the purpose of—\n1. Amending the Scheme Map by—\na. Rezoning Lot 1 Edale Way, House Number 31, Westminster from ‘Civic’ to ‘Residential’\n(R40).\nM. IRWIN, Mayor.\nT. HOLLAND, A/Chief Executive Officer.\n\n4724 GOVERNMENT GAZETTE, WA 11 December 2018\nPL401\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Stirling\nLocal Planning Scheme No. 3—Amendment No. 60\nRef: TPS/1607\nIt is hereby notified for public information, in accordance with section 87 of the Planning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Stirling Local Planning\nScheme amendment on 16th November 2018 for the purpose of—\n1. Amending the Scheme Text by—\n(a) Inserting a new clause 6.6.1 (f) after clause 6.6.1 (e) as follows—\n(f) To ensure that new development within the area which is subject to the Beaufort\nStreet Local Development Plan enhances and respects the heritage, character\nand amenity of Beaufort Street.\n(b) Replacing clause 6.6.3 with the following text—\n6.6.3 Development\n(a) All development shall conform with the objectives of the Heritage Protection Area\nSpecial Control Area (clause 6.6.1);\n(b) All development shall have due regard to—\na. the Local Planning Policy adopted for the Heritage Protection Area Special\nControl Area (Character Retention Guidelines Mt Lawley, Menora and\nInglewood); and\nb. the Beaufort Street Local Development Plan on land within the area which\nis subject to that plan.\n(c) Inserting the following new clause after clause 6.6.4 as follows—\n6.6.5 Subdivision\n(a) The minimum area of all lots created by the subdivision of land zoned\n‘Residential’ within the area which is subject to the Beaufort Street Local\nDevelopment Plan shall be 500m2 and the minimum frontage of the lots shall be\n20m;\n(b) Land fronting Beaufort Street shall not be subdivided where this would result in\nvehicle access to any right of way at the rear of the land being restricted or\nremoved for any of the new lots.\n(d) Inserting the following new clause after clause 6.6.5 as follows—\n6.6.6 Building Height\n(a) Building height shall be in accordance with the building heights shown on Figure\n6.6.6.\n(b) The power conferred by clause 5.5.1 and clause 7.6 of Local Planning scheme\nNo.3 shall not apply to clause 6.6.6(a) and (c).\n(c) Notwithstanding clause 6.6.6(a) variation in building height shall only be\npermitted in the following instances—\n(i) Building height for House Numbers 683 and 685 Beaufort Street, Mt\nLawley may include a fourth storey if a public plaza of a minimum 75m2 is\nprovided, and all the abovementioned lots are amalgamated.\n(ii) Building height for House Numbers 734 and 736 Beaufort Street, Mount\nLawley may be up to 4 storeys on the Beaufort Street corner, to a\nmaximum length of 30m along Beaufort Street, and 30m along First\nAvenue, provided all the abovementioned lots are amalgamated.\n(iii) Building height for House Numbers 939, 941, 942, 943, 944, 945, 947 and\n951 Beaufort Street, Inglewood may be up to 4 storeys, provided that a\nminimum of two adjoining lots are amalgamated.\n(iv) Building height on the following lots may include a fifth storey if a public\nplaza of a minimum 75m2 is provided on the site, is accessible by the public\nat all times, and faces Beaufort Street—\na. House Number 96 Tenth Avenue, Inglewood.\nb. House Number 895 Beaufort Street, Inglewood.\nc. House Number 189, Eighth Avenue, Inglewood.\n(v) Building height for House Numbers 867, 871, 875, and 877 Beaufort Street,\nInglewood, may be up to 5 storeys if a public plaza of a minimum 75m2 is\nprovided, and all the abovementioned lots are amalgamated.\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4725\nFigure 6.6.6: Building Heights\n(e) Inserting the following new clause 6.6.7 after clause 6.6.6 as follows—\n6.6.7 Special Application of Residential Design Codes\nNotwithstanding clause 5.3.2 of the Scheme, residential development on land zoned\nMixed Use within the Beaufort Street Local Development Plan area is subject to the\n\n4726 GOVERNMENT GAZETTE, WA 11 December 2018\nrequirements of multiple dwellings under the R-AC0 Code. Development requirements\nfor the R-AC0 Code are outlined in the Beaufort Street Local Development Plan.\n(f) Deleting the following from ‘Schedule 2 Additional Uses [CL 4.5]’—\nA7 Portion of Swan Location Z1\nand being Lots 375 and 376\non Plan 2343 (HN’s 690 and\n692) Beaufort Street, Mount\nLawley\nPersonal Care\nServices and\nOffices\nA36 Portion of Location Z being\nLot 700 on Plan 36121 (HN\n696) Beaufort Street, Mount\nLawley\nOffices\nA47 Lots 20 and 21 Sixth\nAvenue, Inglewood\nOffice\n(g) Modifying the following in ‘Schedule 2 Additional Uses [CL 4.5]’—\nA4 Lot 2 (HN 822) Beaufort\nStreet, Inglewood\nShop, Office and\nConsulting Rooms\n1. Non Residential Uses shall be\npermitted only on the ground floor.\n2. Shop uses shall be limited to\n250m² in net lettable area.\nA6 Lot 89 (HN 816) Beaufort\nStreet, Inglewood\nShop, Veterinary\nCentre, Office and\nConsulting Rooms\n1. Non Residential Uses shall be\npermitted only on the ground floor.\n2. Shop uses shall be limited to\n250m² in net lettable area.\nA45 Lot 88 (HN 818) Beaufort\nStreet, Inglewood\nShop, Offices and\nConsulting Rooms\n1. Non Residential Uses shall be\npermitted only on the ground floor.\n2. Shop uses shall be limited to\n250m² in net lettable area.\nA69 Lot 87 (HN 820) Beaufort\nStreet, Inglewood\nShop,\nOffice,\nConsulting Rooms\n1. Non Residential Uses shall be\npermitted only on the ground floor.\n2. Shop uses shall be limited to\n250m² in net lettable area.\nA74 Lots 30, 20 and 23, 24, 1, 2,\n21, and 22 (HN’s 946, 948,\n950, 952, 952A, 954 and\n956) Beaufort Street,\nInglewood, and Lots 890,\n889 and 888 (HN’s 133, 135\nand 137) Stuart Street,\nInglewood\nConsulting\nRooms, Office\n(h) Adding the following to ‘Schedule 2 Additional Uses [CL 4.5]’—\nA80 Lot 401 (HN 981) Beaufort\nStreet, Inglewood, and Lots\n25 and 400 (HN’s 5 and 7)\nWood Street, Inglewood\nMultiple Dwelling,\nOffice,\nShop\n1. A Hotel or Tavern use shall be\nmaintained on part of the ground\nfloor of the existing building.\n2. Multiple Dwellings shall only be\nlocated on the upper floor of the\nexisting building.\n3. Maintain the 24 car bays for the\nadjoining Hotel site.\n4. R-Coding of R-AC0.\nA81 Lot 51 (HN 9) Wood Street,\nInglewood\nMultiple Dwelling 1. R-Coding of R-AC0.\nA82 Lots 1—10 (HN’s 951, 947,\n945, 943, 941, 939, 937, 935,\n933 and 931) Beaufort\nStreet, Inglewood\nShop,\nOffice,\nConsulting Rooms\n1. Non Residential Uses shall be\npermitted only on the ground floor\nand shall be restricted to a\nmaximum net lettable area of 250m²\neach on Lots 1—10 (HN’s 951, 947,\n945, 943, 941, 939, 937, 935, 933 and\n931) Beaufort Street, Inglewood, as\nprovided in the below diagram.\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4727\nA83 Lot 500 (HN 803) Beaufort\nStreet, Mount Lawley\n(South-east of Wenberi\nLane)\nMultiple Dwelling,\nOffice\n1. A Hotel or Tavern use shall be\nmaintained on part of the ground\nfloor of the existing building.\n2. Multiple Dwellings shall only be\nlocated on the upper floor of the\nexisting building.\n3. R-Coding of R-AC0.\nA84 Lot 500 (HN 803) Beaufort\nStreet, Mount Lawley\n(North-west of Wenberi\nLane)\nMultiple Dwelling 1. Maintain the 51 car bays for the\nadjoining Hotel site.\n2. New buildings are to be set back\nto match the setbacks of the\nadjoining residential dwelling.\n3. R-Coding of R-AC0.\nA85 Lots 118 and 117 (HN 734\nand 736) Beaufort Street,\nMount Lawley\nClub Premises,\nConsulting\nRooms, Education\nEstablishment,\nRecreation\nPrivate,\nRestaurant and\nConvenience\nStore\nA86 Lot 90 (HN 812) Beaufort\nStreet, Mount Lawley\nService Station\nA87 Lot 123 (HN 731) Beaufort\nStreet, Mount Lawley\nClub Premises,\nEducational\nEstablishment,\nOffice, Reception\nCentre,\nRestaurant\n1. Development shall be in\naccordance with the following\nzones—\n(a) Mixed Use Area—\nThe area is located between\nthe Beaufort Street boundary\nof Lot 123 and the\nResidential Area.\n(b) Residential Area—\nThe area is located between\nthe St Patrick’s Church and\nthe adjoining Lot 7 (House\nNumber 67), First Avenue,\nMount Lawley. It comprises\nan area 15 metres wide,\nmeasured along the First\nAvenue Street frontage. The\nresulting area is 906m2\n(60.4 metres x 15 metres).\n2. Conditions applicable to the\nMixed Use Area—\n(a) Additional uses shall be\nrestricted to the Mixed Use\nArea only.\n(b) Additional uses located\nbetween the 35 metre\nsetback from the Beaufort\nStreet boundary and the\nresidential area shall be\nincidental to the\npredominant use of Place of\nWorship.\n(c) Buildings shall be designed\nand located such that the\nchurch is not obscured from\nBeaufort Street.\n(d) Notwithstanding clauses\n6.6.6 (a) and (b) buildings\nlocated between the Beaufort\nStreet boundary of Lot 123\nand the 35 metre setback\nfrom the Beaufort Street\nboundary shall not exceed a\nmaximum height equal to the\n\n4728 GOVERNMENT GAZETTE, WA 11 December 2018\nfinished floor level of the\nWaurena House (St Patrick’s\nChurch Rectory).\n(e) A roof-top terrace or\ncommunity space with a\nminimum dimension of not\nless than 15m x 15m shall be\nlocated on the Beaufort\nStreet frontage.\n(f) Buildings fronting Beaufort\nStreet shall have active\nstreet frontages with\npedestrian entrances located\nat the finished pavement\nlevel of Beaufort Street.\n(g) Buildings shall have a\nminimum street setback of\n3.0 metres.\n(h) Development shall be in\naccordance with this\nSchedule and the Beaufort\nStreet Local Development\nPlan.\n3. Conditions applicable to the\nResidential Area—\n(a) Multiple dwellings shall not\nbe permitted\n(b) Notwithstanding clauses\n6.6.6 (a) and (b) buildings\nshall not exceed 2 storeys in\nheight.\n(c) Buildings shall be set back a\nminimum of 4 metres from\nthe common boundary with\nLot 7 (House Number 67),\nFirst Avenue, Mount Lawley.\n(d) A 1.0 metre wide landscaped\nstrip shall be provided on Lot\n123, Mount Lawley, along\nthe common boundary with\nLot 7 (House Number 67),\nFirst Avenue, Mount Lawley.\n(e) Vehicular access shall be\nvia a driveway, minimum\n3 metres wide, located\nadjacent and parallel to the\nlandscape strip along the\ncommon boundary with Lot 7\n(House Number 67), First\nAvenue, Mount Lawley.\n(f) Development shall be in\naccordance with this\nSchedule and Part 7 of Local\nPlanning Policy 3.1\nCharacter Retention\nGuidelines Mount Lawley,\nMenora and Inglewood.\n(g) The provisions of clause\n6.6.5(a) shall not apply to the\nresidential area.\n4. A 1.5 metre wide landscaped strip\nshall be provided on Lot 123, Mount\nLawley, along the common boundary\nwith Lots 1 and 2, Mount Lawley.\n5. Access from Beaufort Street shall\nbe limited to one vehicular access\npoint in the existing location\nadjacent to Lot 1 (House Number\n727), Beaufort Street, Mount\nLawley.\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4729\n(i) Deleting the following from ‘Schedule 4 Special Use Zones [CL 4.7.1]’—\nS30 Lots 888, 889 and 890\n(HN’s 133-137) Stuart\nStreet, Inglewood\n[Amd. 21]\nMixed Use 1. Any mixed use / commercial\ndevelopment on Lots 888 to 890\n(inclusive), House Numbers 133-\n137, Stuart Street, Inglewood only\nto be permitted on the basis that the\nthree (3) lots are amalgamated into\none (1) lot prior to development.\n2. Amending the Scheme Maps accordingly.\nM. IRWIN, Mayor.\nS. JARDINE, Chief Executive Officer.\nPOLICE\nPO401\nROAD TRAFFIC ACT 1974\nROAD TRAFFIC CODE 2000\nAUTHORISED PERSONS\nDeclaration\nRegulation 272 of the Road Traffic Code—Obedience to Police or Authorised Persons\nI, Christopher John Dawson, Commissioner of Police, acting pursuant to regulation 271 of the Road\nTraffic Code 2000 hereby declare that a person who is a “licensed pilot vehicle driver” pursuant to\nregulation 3 of the Road Traffic Code 2000 is an authorised person for the purposes of regulations\n272(1)(a) and 272(1)(d) of the Road Traffic Code 2000—whilst performing their functions in\nfacilitating the safe movement of an oversize vehicle escorted by a licensed pilot vehicle driver.\nDated 4 December 2018.\nCHRIS DAWSON, Commissioner of Police.\n————\nSurname First Name State Pilot Licence Number Training Provider\nDeveson Jadeen WA 01262 Keen Bros (WA)\n———————————\nPO402\nROAD TRAFFIC ACT 1974\nROAD TRAFFIC CODE 2000\nAUTHORISED PERSONS\nDeclaration\nRegulation 272 of the Road Traffic Code—Obedience to Police or Authorised Persons\nI, Christopher John Dawson, Commissioner of Police, acting pursuant to regulation 271 of the Road\nTraffic Code 2000 hereby declare that a person who is a “licensed pilot vehicle driver” pursuant to\nregulation 3 of the Road Traffic Code 2000 is an authorised person for the purposes of regulations\n272(1)(a) and 272(1)(d) of the Road Traffic Code 2000—whilst performing their functions in\nfacilitating the safe movement of an oversize vehicle escorted by a licensed pilot vehicle driver.\nDated 29 November 2018.\nCHRIS DAWSON, Commissioner of Police.\n————\nSurname First Name State Pilot Licence Number Training Provider\nWakka Jay WA 01259 Keen Bros (WA)\nBowins Mark WA 01260 Keen Bros (WA)\nMaione Paolo WA 01261 Allan Miller Transport\n\n4730 GOVERNMENT GAZETTE, WA 11 December 2018\nPO403\nROAD TRAFFIC ACT 1974\nROAD TRAFFIC CODE 2000\nAUTHORISED PERSONS\nDeclaration\nRegulation 272 of the Road Traffic Code—Obedience to Police or Authorised Persons\nI, Christopher John Dawson, Commissioner of Police, acting pursuant to regulation 271 of the Road\nTraffic Code 2000 hereby declare that a person who is a “licensed pilot vehicle driver” pursuant to\nregulation 3 of the Road Traffic Code 2000 is an authorised person for the purposes of regulations\n272(1)(a) and 272(1)(d) of the Road Traffic Code 2000—whilst performing their functions in\nfacilitating the safe movement of an oversize vehicle escorted by a licensed pilot vehicle driver.\nDated 6 December 2018.\nCHRIS DAWSON, Commissioner of Police.\n————\nSurname First Name State Pilot Licence Number Training Provider\nHolland Brett WA 01253 Keen Bros (WA)\nEverard Tristan WA 01264 Keen Bros (WA)\nFleming Alanah WA 01265 Keen Bros (WA)\nCowie Peter WA 01266 Illuminate Group\nWhite Philip WA 01267 Illuminate Group\nBrennan Neville WA 01268 Illuminate Group\nPREMIER AND CABINET\nPR401\nINTERPRETATION ACT 1984\nMINISTERIAL ACTING ARRANGEMENTS\nIt is hereby notified for public information that the Governor, in accordance with section 12(c) of the\nInterpretation Act 1984, has approved the following temporary appointment—\nHon R. Saffioti MLA to act temporarily in the office of Minister for Mines and Petroleum;\nCommerce and Industrial Relations; Electoral Affairs; Asian Engagement in the absence of the\nHon W. J. Johnston MLA for the period 30 December 2018 to 7 January 2019 (both dates\ninclusive).\nThis notice supersedes acting arrangements relating to the above office that were published in\nGovernment Gazette No. 142 on 18 September 2018.\nD. FOSTER, Director General,\nDepartment of the Premier and Cabinet.\n———————————\nPR402\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 M. P. Murray MLA to act temporarily in the office of Minister for Local Government;\nHeritage; Culture and the Arts in the absence of the Hon D. A. Templeman MLA for the period\n21 to 23 January 2019 (both dates inclusive).\nD. FOSTER, Director General,\nDepartment of the Premier and Cabinet.\n\n11 December 2018 GOVERNMENT GAZETTE, WA 4731\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 Regional Development Commissions\nAct 1993.\nSOUTH WEST DEVELOPMENT COMMISSION\nBoard of Management\n  Cr Patrick Scallan appointed as a local government representative for a one year term\nexpiring 31 October 2019.\n  Ms Jaqueline Jarvis appointed as a community representative member for a three term\nexpiring 31 October 2021.\nHon ALANNAH MacTIERNAN MLC, Minister for Regional Development.\nDECEASED ESTATES\nZX401\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nAlbert Oscar Owens, late of 168 Beela Road, Brunswick WA, Retired, 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 between the 10 and 12 October 2018 at Brunswick, are\nrequired by the Trustee Alan Giles and Maxwell Charles Owens, of c/- Max Owens & Co of 2 Zoe\nStreet, Bunbury WA to send particulars of their claims to them by one month from the date of this\nadvertisement, after which date the Trustee may convey or distribute the assets, having regard only\nto the claims of which they then have notice.\n———————————\nZX403\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nKenneth Clive Saunders, late of Parkland Villas, 21/510 Marmion Street, Booragoon in the State of\nWestern Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in\nrespect of the estate of the deceased, who died on 17 August 2018, are required by the Trustee, David\nMorgan Lewis of Lewis, Blyth & Hooper of Level 1, 43 Kishorn Road, Applecross in the State of\nWestern Australia, to send particulars of their claims to him within 1 month of the date of this notice,\nafter which date the Trustee may convey or distribute the assets, having regard only to the claims\nwhich he then has notice.\n———————————\nZX404\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nEvelyn Olive Pierce, late of Regents Garden Aubin Grove, 248 Lyon Road, Aubin Grove, in the State\nof Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in\nrespect of the estate of the deceased who died on 22 August 2018 are required by the personal\nrepresentative to send particulars of their claims to him/her care of Clement & Co, Lawyers, Unit 2,\n12 Sutton Street, Mandurah by 18 January 2019 after which date the personal representative may\nconvey or distribute the assets having regard to the claims of which he/she then has notice.\nCLEMENT & CO as solicitors for the personal representative.\n\n4732 GOVERNMENT GAZETTE, WA 11 December 2018\nZX402\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nHelen Maud Pierce, late of Clarence Estate Residential Health and Aged Care, 55 Hardie Road,\nAlbany, Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in\nrespect of the estate of the deceased, who died on 26 September 2018, are required by the trustee of\nthe late Helen Maud Pierce of care of Philip Wyatt Lawyer, PO Box 1026, Albany, Western Australia\n6331 to send particulars of their claims to them within one (1) month from the date of publication of\nthis notice, after which date the trustee may convey or distribute the assets, having regard only to the\nclaims of which it then has notice.\nDated this 5th day of December 2018.\nPHILIP WYATT LAWYER.\n———————————\nZX405\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the estate of Neil Ashley Walmsley, late of 109 Herbert Road, Shenton Park, Western Australia,\ndeceased.\nCreditors and other person having claims (to which Section 63 of the Trustees Act 1962, relates) in\nrespect of the estate of the deceased, who died on the 18th day of August 2018, are required by the\npersonal representative Sandra June Ingram of 10 Kim Street, Chapel Hill, Queensland to send\nparticulars of their claims to Merle Bloch Barrister & Solicitor of Suite 3, 5 Colin Street, West Perth\nby the 14th day of January 2019 after which date the personal representative may convey or\ndistribute the assets, having regard only to the claims of which they then have notice.\n———————————\nZX406\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nArthur Thompson, late of 50 Hubbard Way, Medina in Western Australia, died on 14 July 2018.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in\nrespect of his estate are required by Eric Tan who has been granted Letters of Administration for the\nestate to send particulars of their claims to him at Robertson Hayles Lawyers, PO Box Z5403, Perth\nWA 6831 within one (1) month of the date of publication, after which date he may convey or distribute\nthe assets of the estate, having regard only to the claims of which he then has notice.\nDated 11 December 2018.\nPUBLIC NOTICES\nZZ401\nPARTNERSHIP ACT 1895\nDISSOLUTION OF PARTNERSHIP\nTake notice that as from 1 November 2018 the partnership of Maryam Haji Najafi Hamedani of\n17B Ringmer Way, Westminster WA 6061 and Fatemeh Zaridoost of 3/9 Ritchie Way, Cloverdale\nWA 6105 in the State of Western Australia who traded as Colour Chic was dissolved.\nMaryam Haji Najafi Hamedani has resigned from the partnership and assigned all her interest in the\npartnership to Fatemeh Zaridoost thereby effecting a dissolution of the partnership. Fatemeh\nZaridoost will continue to operate the business under the name of Colour Chic in her sole capacity.\nDated and Signed: 1 November 2018.\nFATEMEH ZARIDOOST.\nMARYAM H. N. HAMEDANI.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The amendment changes scope modestly. It retains the original regulatory reach over thoroughfares and public places but adds and clarifies operational duties for traders and stallholders (notably vacating/cleaning and a 2m pedestrian access requirement) and updates enforcement mechanics and penalties (new Schedule 1). It also modernises cross‑references to State Acts and inserts new definitions, which alters how certain powers and obligations interact with other legislation (see Clauses 1.2, 2.4, 6.6, 5.16 and the replacement Schedule 1)."},"complexity_factors":["Volume of mostly textual updates and modernisations across the instrument (e.g. updating references to Planning and Development Act 2005, Building Act 2011, Food Act 2008) — Clauses 1.2, 2.4, 6.17.","Introduction of new operational requirements for traders/stallholders (vacate/clean duties and minimum 2m pedestrian clearway) increasing on-the-ground compliance tasks — Clause 6.6(1)(k) renumbered and new 6.6(1)(o).","Replacement of the Prescribed Offences schedule with many explicit offence entries and amended penalties — Schedule 1 (amendment). This increases enforcement granularity and administrative workload.","Small but consequential grants of discretion to the Council (e.g. removal for significant fire risk) which alter enforcement triggers — Clause 5.16.","Renumbering, wording and cross-clause edits (including changing Latin phrase to plain English) that require careful cross-checking to interpret operative effect — Clauses 7.7, 7.10, 10.4.","Frequent changes in terminology/spelling and to definitions (e.g. inserting ‘local planning scheme’) that affect how other provisions operate and interact with external statutes — Clause 1.2 and multiple definition amendments.","Reliance on permits and delegated ‘authorised/authorised person’ enforcement means practical effect depends on Council administration and officer decision-making (permits, signage, directions) — Clauses 6.3, 6.8, 7.9."],"plain_english_summary":"This amendment updates the Shire of Gingin’s 2004 local law on activities in thoroughfares, public places and trading. It modernises statutory references, tightens trading and stallholder duties (including a 2m pedestrian access rule and an obligation to vacate/clean sites), and replaces the schedule of prescribed offences and fines. It primarily affects traders, stallholders, residents and authorised officers: the Council issues permits and authorised officers enforce compliance, with breaches attracting the modified penalties in the new Schedule 1."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains within its original scope as a technical amendment to update references, fix spelling inconsistencies, and modernise terminology. It does not expand the regulatory scope beyond the original 2004 local law's intent to regulate activities in public places and trading."},"complexity_factors":["The legislation is an amendment instrument, not a standalone law, requiring cross-referencing with the principal 2004 Local Law to understand full context","Contains 24 individual amendment clauses, each modifying specific sections of the principal law","Involves updating statutory references across multiple Acts (Planning and Development Act 2005, Building Act 2011, Food Act 2008, National Measurement Act 1960)","Includes a detailed penalty schedule (Schedule 1) with 47 specific offences and corresponding fines","Technical amendments include renumbering clauses (e.g., clause 7.10) and replacing Latin legal terms ('mutatis mutandis') with plain English equivalents"],"plain_english_summary":"This is a housekeeping amendment to the Shire of Gingin’s public places and trading local law, updating spelling and terminology, aligning references with current state and Commonwealth Acts, and fixing inconsistencies so the law works with modern legislation.\n\nIt clarifies stallholder obligations (including a 2‑metre pedestrian clearway and site clean‑up), replaces the penalty schedule with fines ($60–$500), and mainly affects market traders, food vendors, performers and residents using verges."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-gingin-activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2018","history":"/api/acts/shire-of-gingin-activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2018/history","analysis":"/api/acts/shire-of-gingin-activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2018/analysis","conflicts":"/api/acts/shire-of-gingin-activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2018/conflicts","importantCases":"/api/acts/shire-of-gingin-activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2018/important-cases","documents":"/api/acts/shire-of-gingin-activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2018/documents"}}