{"id":"wa-local:kondinin-shire-of-shire-of-kondinin-amendment-local-law-2023","name":"Shire of Kondinin Amendment Local Law 2023","slug":"shire-of-kondinin-amendment-local-law-2023","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438330,"registerId":"wa-local:kondinin-shire-of-shire-of-kondinin-amendment-local-law-2023-pdf-1775954803462","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of Kondinin Amendment Local Law 2023","content":"3443\nISSN 2204-4264 (online)\nPERTH, FRIDAY, 13 OCTOBER 2023 No. 137\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nCONTENTS\nPage\nCommunity and Child Services ......................................................................................................... 3445\nConsumer Protection ......................................................................................................................... 3445\nFire and Emergency Services ............................................................................................................ 3446\nHealth ................................................................................................................................................. 3446\nLocal Government .............................................................................................................................. 3447\nMinerals and Petroleum .................................................................................................................... 3449\nPlanning ............................................................................................................................................. 3451\nPublic Notices..................................................................................................................................... 3455\n\nIMPORTANT COPYRIGHT NOTICE\n© State of Western Australia\nThis work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part\nmay be reproduced by any process without written permission from the Attorney General for\nWestern Australia. Enquiries in the first instance should be directed to the Government Printer,\nParliamentary Counsel’s Office, publications@pco.wa.gov.au.\nNote: A Creative Commons Attribution 4.0 International Licence (CC BY 4.0) applies with\nrespect to material on the WA Legislation Website (with certain exceptions), and to copies of Acts,\nand reprints of Acts and subsidiary legislation, printed by the Government Printer. To view\nrelevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\nPUBLISHING DETAILS\nThe Western Australian Government Gazette is published by the Government Printer for the State of\nWestern Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or\nunforeseen circumstances.\nSpecial Government Gazettes containing notices of an urgent or particular nature are published\nperiodically.\nThe following guidelines should be followed to ensure publication in the Government Gazette—\n• Material submitted to the Executive Council prior to gazettal will require a copy of the signed\nExecutive Council Minute Paper.\n• Copy must be lodged with the Publications Officer, Department of the Premier and Cabinet no\nlater than 12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)—\nEmail address:\ngazette@dpc.wa.gov.au\n• Enquiries regarding publication of notices can be directed to the Publications Officer on\n(08) 6552 6012.\n• Enquiries regarding payment of notices can be directed to (08) 6552 6000 or\nsales@dpc.wa.gov.au\n• Lengthy or complicated notices should be forwarded early to allow for preparation.\nFailure to observe this request could result in the notice being held over.\nAfter lodging any notices, confirmation is not required by post. If original copy is forwarded later and\npublished, the cost will be borne by the advertiser.\nADVERTISING RATES AND PAYMENTS\nEFFECTIVE FROM 1 JULY 2023 (Prices include GST)\nPublic Notices Section—$78.20 minimum charge (except items of an exceptionally large nature. In these\ninstances arrangements will be made for pricing the notice at time of lodging).\nAll other Notices—\nPer Column Centimetre—$15.60\nBulk Notices—$285.60 per page\nClients who have an account will only be invoiced for charges over $100.\nFor charges under $100, clients will need to supply credit card details at time of lodging notice\n(i.e. a notice under 7cm would not be invoiced).\nClients without an account will need to supply credit card details at the time of lodging the notice.\n\n13 October 2023 GOVERNMENT GAZETTE, WA 3445\nCOMMUNITY AND CHILD SERVICES\nCN401\nADOPTION ACT 1994\nI, Diane Scarle, Director Adoption Services/Out of Home Care, Statewide Services, Department of\nCommunities, issue the following person with a licence to act as a Contact and Mediation Licensee\nunder Sections 105 and 106 of the Adoption Act 1994 and subject to the Adoption Regulations 1995, the\nCode of Practice 1995 and conditions as stipulated for a period of five years—\nKaila Beth De Cinque\n3/55 Waterloo Street\nJoondanna WA 6060\nDated this 6th October 2023.\nDIANE SCARLE, Director, Adoption Services / Out of Home Care,\nStatewide Services, Department of Communities.\nCONSUMER PROTECTION\nCP401\nRETAIL TRADING HOURS ACT 1987\nRETAIL TRADING HOURS (CITY OF ALBANY)\nCHRISTMAS AND PUBLIC HOLIDAY VARIATION ORDER 2023\nMade by the Minister for Commerce under section 12E of the Act.\n1. Citation\nThis order is the Retail Trading Hours (City of Albany) Christmas and Public Holiday Variation Order\n2023.\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 during Christmas 2023\n(1) In this clause—\nChristmas 2023 means the period that begins on 3 December 2023 and ends on 31 January 2024\n(both dates inclusive).\n(2) General retail shops, other than motor vehicle shops, in the Albany local government district are\nauthorised to be open at times when those shops would otherwise be required to be closed, on the\ndays and during the periods referred to in the Table.\nTable\nFriday 1 December 2023 From 8.00am to 9.00pm\nSaturday 2 December 2023 From 8.00am to 9.00pm\nChristmas 2023 Mondays, Tuesdays, Wednesdays and Fridays—from 8.00am to\n9.00pm\nSundays and public holidays—from 10.00am to 5.00pm\n(3) Despite subclause 3(2), general retail shops in the Albany local government district are required to\nbe closed on Christmas Day, Monday 25 December 2023.\n4. Variation of retail trading hours for public holidays in 2024\nGeneral retail shops, other than motor vehicle shops, in the Albany local government district are\nauthorised to be open at times when those shops would otherwise be required to be closed, on the days\nand during the periods referred to in the table.\nTable\nSunday 3 March 2024 From 10.00am to 5.00pm\nMonday 4 March 2024 From 10.00am to 5.00pm\nSunday 31 March 2024 From 10.00am to 5.00pm\nMonday 1 April 2024 From 10.00am to 5.00pm\nThursday 25 April 2024 From 12.00pm to 5.00pm\n\n3446 GOVERNMENT GAZETTE, WA 13 October 2023\nSunday 2 June 2024 From 10.00am to 5.00pm\nMonday 3 June 2024 From 10.00am to 5.00pm\nSunday 22 September 2024 From 10.00am to 5.00pm\nMonday 23 September 2024 From 10.00am to 5.00pm\nHon. SUE ELLERY, MLC, Minister for Commerce.\nFIRE AND EMERGENCY SERVICES\nFE401\nBUSH FIRES ACT 1954\nTOTAL FIRE BAN DECLARATION\nCorrespondence No. D18023\nPursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the\nDepartment of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a\ntotal fire ban for 07 October 2023 for the local government districts of—\nDalwallinu, Koorda, Wongan-Ballidu\nDated 6 October 2023.\nGARY GIFFORD, Assistant Commissioner of the Department of\nFire and Emergency Services, as a sub-delegate of the Minister\nunder section 16 of the Fire and Emergency Services Act 1998.\n———————————\nFE402\nBUSH FIRES ACT 1954\nFIRE WEATHER OFFICER APPOINTMENT (SECTION 38)\nDepartment of Fire and Emergency Services.\nCorrespondence No. D18026\nFire Weather Officers\nThe following persons have been appointed as Fire Weather Officer for the Shire of Mt Marshall in\naccordance with the Bush Fires Act 1954—\nBrett Clark—Fire Weather Officer\nAll previous appointments of Fire Weather Officers for the Shire of Mt Marshall are hereby cancelled.\nDated 6th October 2023.\nDARREN KLEMM, AFSM, FES Commissioner.\nHEALTH\nHE401\nHEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 (WA)\nANAESTHETIC MORTALITY COMMITTEE\nAppointment Of Member and Deputy Member Instrument 2023\nMade by the Minister under sections 340BB and 340BC of the Health (Miscellaneous Provisions)\nAct 1911 (WA).\n1. Citation\nThis instrument may be cited as the Anaesthetic Mortality Committee Appointment of Member and\nDeputy Member Instrument 2023.\n2. Appointment of Member/Chair\nDr Michael Christopher Soares is appointed as Member to the Anaesthetic Mortality Committee under\nsection 340BB(3)(a) of the Health (Miscellaneous Provisions) Act 1911 (WA) for a term of four years\ncommencing on 18 September 2023.\n\n13 October 2023 GOVERNMENT GAZETTE, WA 3447\n3. Appointment of Deputy Member/Deputy Chair\nDr Neil David Hauser is appointed as Deputy Member to the Anaesthetic Mortality Committee under\nsection 340BC of the Health (Miscellaneous Provisions) Act 1911 (WA) for a term of four years\ncommencing on 18 September 2023.\n4. Appointment of Member\nDr Stephen Rodrigues is appointed as a Member to the Anaesthetic Mortality Committee under section\n340BB(3)(g) of the Health (Miscellaneous Provisions) Act 1911 (WA) for a term of three years\ncommencing on 18 September 2023.\nHon. AMBER-JADE SANDERSON, MLA, Minister for Health.\nLOCAL GOVERNMENT\nLG401\nLOCAL GOVERNMENT ACT 1995\nBUSH FIRES ACT 1954\nDOG ACT 1976\nShire of Kondinin\nAMENDMENT LOCAL LAW 2023\nUnder the powers conferred by the Local Government Act 1995, the Bush Fires Act 1954, the Dog\nAct 1976 and all other powers enabling it, the Council of the Shire of Kondinin resolved on\n20 September 2023 to adopt the following local law.\n1. Citation\nThis local law may be cited as the Shire of Kondinin Amendment Local Law 2023.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\n3. Bush Fire Brigades Local Law 2022 amended\nThe Shire of Kondinin Bush Fire Brigades Local Law 2022 published in the Government Gazette on\n10 November 2022 is amended as follows—\n(a) delete clause 7(2)(e);\n(b) delete clause 8; and\n(c) delete clause 9.\n4. Dogs Local Law 2022 amended\nThe Shire of Kondinin Dogs Local Law 2022 published in the Government Gazette on 10 November 2022\nis amended as follows—\n(a) in clause 3.3(3)(a)(iii) replace the full stop with a semi-colon; and\n(b) in clause 7.2(2) replace the reference \"5.1(2)\" with the reference \"6.2(2)\".\n5. Public Places and Local Government Property Local Law 2022 amended\nThe Shire of Kondinin Public Places and Local Government Property Local Law 2022 published in the\nGovernment Gazette on 10 November 2022 is amended as follows—\n(a) in clause 2.7—\n(i) in subclause (1)(g)(iii) after the semi colon insert the word \"and\";\n(ii) in subclause (1)(h) replace \"; and\" with a full stop; and\n(iii) delete subclause (1)(i);\n(b) in clause 4.8(b) after the word \"dog\" insert the words \"or cat\";\n(c) in clause 7.2(2)(a) after the word \"animal\" insert the words \", other than a cat,\";\n(d) in clause 9.2 after the word \"thoroughfare\" in the opening line delete the word \"or\";\n(e) in clause 9.5 delete subclauses (b) and (c) and insert—\n(b) if the value of the property is reasonably believed to have a realisable value more than\n1% of the amount prescribed by regulation 30(3) of the Local Government (Functions and\nGeneral) Regulations 1996 but not exceeding the amount prescribed, by handing the\nproperty to the Western Australian Police Force; or\n(c) if the property is reasonably believed to be of less value than that in subclause (b)—\n(i) by donation to a not for profit body incorporated under the Associations\nIncorporations Act 2015; or\n(ii) if likely to be of no interest to a not for profit body, in any manner he or she thinks\nfit.\n(f) in clause 11.3(2)(b) delete the words \"do the\"; and\n\n3448 GOVERNMENT GAZETTE, WA 13 October 2023\n(g) in Schedule 1 Item 34, delete \"5.8(f)\" and insert \"6.8(f)\".\n————\nDated 21 September 2023.\nThe Common Seal of the Shire of Kondinin was affixed by authority of a resolution of Council in the\npresence of—\nR.K. MOURITZ, President.\nD.N. BURTON, Chief Executive Officer.\n———————————\nLG402\nLOCAL GOVERNMENT ACT 1995\nShire of Serpentine Jarrahdale\nBASIS OF RATES\nI, Tim Fraser, being delegated by the Minister of the Crown to whom the administration of the Local\nGovernment Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,\nhereby, and with effect from 6 September 2023, determined that the method of valuation to be used by\nthe Shire of Serpentine Jarrahdale as the basis for a rate in respect of the land referred to in the\nSchedule is to be the gross rental value of the land;\nSchedule\nDesignated Land\nUV to GRV All those portions of land comprised in the schedules below—\nSCHEDULE 'A'\nAll those portions of land being Lot 4 and Lot 13 as shown on Plan 8204; Lot 33 as\nshown on Plan 8428; Lots 18 to 20 inclusive and Lot 35 as shown on Plan 9524; Lot\n3 as shown on Plan 9525; Lot 70 as shown on Plan 14489 and Lot 43 as shown on\nPlan 15768.\nSCHEDULE 'B'\nAll those portions of land being Lot 15 and Lot 22 as shown on Diagram 33083; Lot\n8 as shown on Diagram 65543; Lot 50 as shown on Diagram 70765 and Lot 137 as\nshown on Diagram 75574.\nSCHEDULE 'C'\nAll those portions of land being Lot 200 as shown on Deposited Plan 31972; Lot 9\nas shown on Deposited Plan 59075 and Lot 152 and Lot 157 as shown on Deposited\nPlan 152071.\nTIM FRASER, Executive Director Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————\nLG501\nBUSH FIRES ACT 1954\nCity of Vincent\nImportant Notice to All Owners and/or Occupiers of Land Within the City of Vincent\nPlease help us keep Vincent fire safe this season.\nPursuant to the powers conferred in Section 33 of the Bush Fires Act 1954 Western Australia, you are\nrequired on or before the 31st day of October 2023, and thereafter up to and including the 30th day of\nApril 2024, to clear inflammable matter on land owned and/or occupied by you in accordance with the\nfollowing requirements—\n1. All land which is 2000m2 or less in area—\nRemove inflammable matter from the whole of the land, except living trees and shrubs; plants\nunder cultivation and lawn, by means of ploughing, cultivating or slashing to a height of no\nmore than 50mm.\n2. All other land within the City of Vincent exceeding 2000m2 (larger than average residential\nblock size)\n(i) Firebreaks of a minimum width and height of 3 metres are to be cleared\nimmediately inside all external boundaries of the land;\n(ii) Firebreaks to a minimum width of 3 metres and height of 3 metres are to be\ncleared immediately surrounding all buildings situated on the land; and any\nplace where inflammable liquids and gas products are kept.\nIn addition to the requirements in this notice, the City may, by notice in writing, require an owner\nand/or occupier to act as and when specified in the notice with respect to anything which is upon land\nand which in the opinion of the City is or is likely to be conducive to the outbreak of a bush fire or the\nspread or extension of a bush fire.\n\n13 October 2023 GOVERNMENT GAZETTE, WA 3449\nThe term \"Inflammable Matter\" for the purpose of this notice includes bush (as defined in the Bush\nFires Act 1954), timber, boxes, cartons, paper, rubbish and any other combustible or inflammable\nmatter, but does not include buildings, green standing trees and bushes or growing bushes or plants in\ngardens or lawns.\nAll land within the City of Vincent must be cleared on or before the 31st day of October in any year and\nthereafter maintained clear of inflammable matter up to and including the 30th day of April in the\nfollowing year.\nIf, for any reason, an owner and/or occupier considers it impractical to clear the land or comply with\nother fire protection measures in accordance with the notice, the owner and/or occupier may apply in\nwriting to the City no later than the 31st day of October in any year for a variation. If permission is not\ngranted in writing by the City or its authorised officer, the owner and/or occupier must comply with the\nrequirements of this notice. Any variation granted by the City will apply only for a single Firebreak\nPeriod. A variation granted by the City shall only remain in force until the 30th day of April in the\nfollowing year.\nThe penalty for failing to comply with this notice is a fine of not more than $5,000.00 and a person in\ndefault is also liable, whether prosecuted or not, to pay the cost of performing the work directed in this\nnotice if it is not carried out by the owner or occupier by the date required by this notice.\nPursuant to Sections 24G(2) and 25(1a) of the Bush Fires Act 1954, the burning of garden refuse and\nlighting of fires in the open air is prohibited within the districts of the City of Vincent between the 31st\nday of October 2023 and the 30th day of April 2024.\nFor further information please contact our Ranger Services Team on—\nTel: 9273 6000 or Email: mail@vincent.wa.gov.au\nFor after-hours emergencies (only): 9273 6000\nwww.vincent.wa.gov.au\nMINERALS AND PETROLEUM\nMP401\nMINING ACT 1978\nSection 19\nINSTRUMENT OF EXEMPTION OF LAND\nI, Kristian Hartley Dawson, Executive Director, Resource Tenure, pursuant to section 19 of the Mining\nAct 1978, hereby varies the exemption of land originally declared on 15 April 2023 and published in the\nGovernment Gazette dated 21 April 2023 by varying the description to that as described hereunder (not\nbeing private land or land that is the subject of a mining tenement or an application for a mining\ntenement) exempt from Divisions 1 to 5 of Part IV of the Mining Act 1978. The exemption will expire\non 14 April 2025.\nLocality\nMurchison House—Kalbarri\nDescription of Land\nLand designated S19/414 in the TENGRAPH electronic plan of the Department of Mines, Industry\nRegulation and Safety. A geospatial description is filed in the Department of Mines, Industry\nRegulation and Safety electronic file number qA2301606, document ID A68225270.\nArea of Land\nTotal area of S19/414 now being 126,114.56 hectares\nDated at Perth this 4th day of October 2023.\nKRISTIAN HARTLEY DAWSON, Executive Director, Resource Tenure.\n———————————\nMP402\nMINING ACT 1978\nAPPLICATION FOR AN ORDER FOR FORFEITURE\nDepartment of Mines, Industry Regulation and Safety,\nMt. Magnet WA 6638.\nIn accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the\nfollowing licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978\nfor non / late payment of rent.\nWARDEN WATSON.\n————\n\n3450 GOVERNMENT GAZETTE, WA 13 October 2023\nTo be heard by the Warden at Mt. Magnet on 23 November 2023.\nEAST MURCHISON MINERAL FIELD\nProspecting Licences\nP 57/1512 Selga, Mark\nMURCHISON MINERAL FIELD\nProspecting Licences\nP 20/2254 Allanson Engineering Pty Ltd\nP 21/730 Little, Terrence Harold\nYALGOO MINERAL FIELD\nProspecting Licences\nP 59/2198 Marlow, Darren Bradley\nBresland, Gary Lewis\nMarlow, Brett Jason\nMiscellaneous Licences\nL 59/189 Steinki, Shannon Lee\n———————————\nMP403\nMINING ACT 1978\nAPPLICATION FOR AN ORDER FOR FORFEITURE\nDepartment of Mines, Industry Regulation and Safety,\nMt. Magnet WA 6638.\nIn accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the\nfollowing licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978\nfor breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-\ncompliance with the reporting provisions.\nWARDEN WATSON.\n————\nTo be heard by the Warden at Mt. Magnet on 23 November 2023.\nMURCHISON MINERAL FIELD\nProspecting Licences\nP 20/2420 Murdoch, Brodie Alistar\nP 20/2427 Box, Philip Arthur\nP 20/2428 Box, Philip Arthur\nP 58/1908 Lear, Allan Hahn\nYALGOO MINERAL FIELD\nProspecting Licences\nP 59/2320-S Steinki, Shannon Lee\n———————————\nMP404\nPETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967\nGRANT OF PETROLEUM EXPLORATION PERMIT EP 501\nPetroleum Exploration Permit EP 501 has been granted to Tomorrow Energy Corporation Pty Ltd and\nwill remain in force for a period of six (6) years commencing on 10 October 2023.\nMICHAEL RICHARD TUANG, Manager Resource Tenure,\nResource Tenure Division, Department of Mines, Industry Regulation and Safety.\n\n13 October 2023 GOVERNMENT GAZETTE, WA 3451\nPLANNING\nPL101\nCORRECTION\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Armadale\nLocal Planning Scheme No. 4—Amendment No. 121\nRef: TPS/2797\nIt is hereby notified for public information, in accordance with section 87 of the Planning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Armadale Local Planning\nScheme amendment on 26 September 2023 for the purpose of—\na. Rezone Lots 603 Balannup Road, Lots 200—201 Skeet Road, portions of Lot 601, 602 Balannup\nRoad and Lot 202 Skeet Road from the 'General Rural' zone to the 'Urban Development' zone;\nb. Rezone portions of Skeet Road and Reilly Road reserves to 'Urban Development' zone;\nc. Insert the following text in Schedule 8 Development (Structure Planning) Areas for Lots 601,\n602 and 603 Balannup Road, and Lots 200, 201 and 202 Skeet Road:\nNo. Description of\nLand\nAdditional provisions applicable to subdivision and development\n72. Skeet-Balannup\nPrecinct East\n72.2 In addition to standard requirements, the following plans are to be\nprepared by the applicant and approved by the City of Armadale as part of\nthe Structure Plan—\na. Local Water Management Strategy, prepared in accordance with\nany relevant District Water Management Strategy, in consultation\nwith the Department of Water and Environmental Regulation and\nshall demonstrate to the satisfaction of the City that surface water\ndrainage and groundwater conditions within the subject land will\nbe managed in a manner that does not adversely impact significant\nwetlands or groundwater dependent ecosystems either within or\nsurrounding the amendment area.\nb. An Acoustic assessment shall be prepared to address noise from\ntraffic along Ranford Road, future commercial development and\nkennel noise;\nc. An Environmental Management Plan shall be prepared to the\nsatisfaction of the City of Armadale. The Environmental\nManagement Plan shall address as a minimum, actions to prevent\nand manage impacts of urban development on vegetation identified\nfor retention within the site and adjacent Bush Forever Sites, and\nbe informed by a botanical survey undertaken during optimal\nflowering period to assess the potential presence of conservation\nsignificant flora.\n72.3 The Structure Plan shall provide design and management responses\nfor implementation through subdivision and development, addressing:a.\nAcid sulphate soils;\na. Acid Sulphate soils;\nb. Site contamination;\nc. Identification and protection of significant landscape trees and\nfeatures as per Local Planning Policy PLN2.4 Landscape Feature\nand Tree Preservation, where possible—\nd. Maximized retention of banksia woodland species within POS\nareas and within the area identified as excellent condition on Lot\n200 Skeet Road where possible any bushland POS area identified\nas being below excellent condition must be improved by the\nlandowner to an excellent condition at the time the POS is vested\nto the City in addition the Environmental Management Plan must\nspecify how the condition of the banksia woodland will be improved\nand managed at an excellent condition category to the satisfaction\nof the City.\ne. Visual impact of noise attenuation measures.\nf. Create an appropriate link between significant wetland and POS\nareas within the Structure Plan area.\n\n3452 GOVERNMENT GAZETTE, WA 13 October 2023\n72.4 At the subdivision stage, applications are to be prepared with, but not\nlimited to the following plans—\na. Detailed Wetland and Buffer Management Plan (where\napplicable), consistent with provision 72.2(c) and prepared in\nconsultation with the Department of Biodiversity, Conservation\nand Attractions and the Environmental Protection Authority to the\nsatisfaction of the City of Armadale. The Detailed Wetland and\nBuffer Management Plan shall address as a minimum—\ni. Buffers for sites subject of, and/or adjacent to, a Wetland\nand/or a Threatened Ecological Community; and,\nii. How potential impacts to the wetlands from adjacent urban\ndevelopment will be managed.\nb. A Midge and Mosquito Management Plan demonstrating how\nlarvae will be kept to a minimum (non-nuisance levels) and done\nin a manner that minimises the application of chemicals during\nand after development to the satisfaction of the City.\nc. All new titles impacted by the Mosquitos are to include a\nnotification on title.\nd. Prior to undertaking any earthworks or development of the land,\nthe landowners shall demonstrate to the satisfaction of the City,\nDepartment of Health and the WAPC that primary production or\nfilling has not occurred on the subject land, or, undertake a Soil\nContamination Assessment of the land, at the landowner's cost to\ndetermine the presence or absence of soil contamination to the\nsatisfaction of DWER. The Soil Contamination Assessment\nshould—\ni. be in accordance with National Environmental Protection\n(Assessment of Site Contamination) Measure guidelines;\nii. reviewed by an independent Contaminated Sites Auditor in\naccordance with Contaminated Sites Regulations 2006 reg\n31(1).\niii. take into consideration—\n• Buried waste.\n• Asbestos containing material.\n• Groundwater contamination.\ne. Should any soil contamination be identified in the soil\ncontamination assessment, a Site Remediation and Validation\nReport for the subject land shall be prepared in accordance with\nlegislative and regulatory requirements at the landowner's cost by\nthe developer/subdivider and remediation works shall be\nundertaken at the landowner's cost for all identified contamination\nand should be validated as being free of contamination above\nacceptance guidelines to the satisfaction of the DWER, prior to\nundertaking any earthworks or development of the land.\nf. An Urban Water Management Plan, consistent with the approved\nLocal Water Management Strategy and prepared in consultation\nwith the Department of Water and Environmental Regulation to\nthe satisfaction of the City of Armadale, will specify site drainage\nand fill details to prevent adverse impacts on significant wetlands\nor groundwater dependent ecosystems, either within or\nsurrounding the amendment area.\ng. A fauna management plan, prepared to the satisfaction of the City\nof Armadale, which specifies measures to avoid impacts to\nsignificant fauna including—\ni. traffic calming and/or signage measures where fauna may\nconflict with vehicle movements\nd. Include Lots 601, 602 and 603 Balannup Road, and Lots 200, 201 and 202 Skeet Road within\nSpecial Control Area Map 3 with the appropriate 'Development Area (Structure Plan) Schedule\n8' and 'No.72' designations;\ne. Modify Special Control Area Map 1 to remove the entire Poultry Farm Buffer over all\nproperties; and\nf. Amend the Scheme Maps accordingly.\nR. BUTTERFIELD, Mayor.\nJ. ABBISS, Chief Executive Officer.\n———————————\n\n13 October 2023 GOVERNMENT GAZETTE, WA 3453\nPL401\nPLANNING AND DEVELOPMENT ACT 2005\nMETROPOLITAN REGION SCHEME\nNotice of Resolution—Clause 27\nLot 803 (No. 92) Altone Road, Kiara\nCity of Swan\nAmendment 1416/27\nFile No.: 812-2-21-35\nNotice is hereby given that in accordance with Clause 27 of the Metropolitan Region Scheme (MRS),\nthe Western Australian Planning Commission (WAPC) resolved on 13 September 2023 to transfer Lot\n803 (No 92) Altone Road, Kiara and a portion of the adjacent road lot, from the Urban Deferred zone to\nthe Urban zone, as shown on WAPC plan 4.1668.\nPursuant to section 126(3) of the Planning and Development Act 2005, the WAPC has the option of\nconcurrently rezoning land that is being zoned Urban under the MRS, to a \"Development\" zone (or\nsimilar), in the corresponding Local Planning Scheme. The WAPC agreed to the land being transferred\nto the \"Residential Development\" zone in the City of Swan Local Planning Scheme No. 17.\nAccordingly, the amendment to the MRS and the City of Swan Local Planning Scheme No. 17 is effective\nfrom the date of publication of this notice in the Government Gazette.\nThe plan of the lifting of Urban Deferment may be viewed at the offices of—\n• Western Australian Planning Commission, 140 William Street, Perth\n• J S Battye Library, Level 3 Alexander Library Building, Perth Cultural Centre\n• City of Swan\nDocuments can also be viewed online at the Department of Planning, Lands and Heritage website\nwww.dplh.wa.gov.au/mrs-amendments.\nMs SAM FAGAN, Secretary, Western Australian Planning Commission.\n———————————\nPL402\nPLANNING AND DEVELOPMENT ACT 2005\nDECLARATION OF PLANNING CONTROL AREA 173\nPortion of Whiteman Yanchep Highway and extension of Flynn Drive to Neaves Road\nCity of Wanneroo and City of Swan\nFile: RLS/1018\nGeneral description\nThe Minister for Planning has granted approval to the declaration of a Planning Control Area (PCA)\nover portion of Whiteman Yanchep Highway (from Gnangara Road to north of Neaves Road) and the\nextension of Flynn Drive to Neaves Road as shown on Western Australian Planning Commission\n(WAPC) plans number 1.8023, 1.8024, 1.8025 and 1.8026.\nPurpose of the Planning Control Area\nThe purpose of the PCA is to protect lands required for the future Whiteman Yanchep Highway and\nFlynn Drive extension. The WAPC considers that the PCA is required over properties to ensure that no\ndevelopment occurs on this land which may prejudice this purpose until it may be reserved as Primary\nRegional Roads in the Metropolitan Region Scheme (MRS).\nDuration and Effects\nThe declaration remains in effect for a period of five years from the date of publication of this notice in\nthe Government Gazette or until revoked by the WAPC with approval by the Minister, whichever is the\nsooner.\nA person shall not commence and carry out development in a PCA without the prior approval of the\nWAPC. The penalty for failure to comply with this requirement is $200,000 and, in the case of a\ncontinuing 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 MRS for a public purpose.\nDisplay locations\n• Western Australian Planning Commission, 140 William Street, Perth\n• J S Battye Library, Level 3 Alexander Library Building, Perth Cultural Centre\n• City of Wanneroo\n• City of Swan\nDocuments can also be viewed online at the Department of Planning, Lands and Heritage website\nhttps://www.dplh.wa.gov.au/planning-control-areas.\nMs SAM FAGAN, Secretary, Western Australian Planning Commission.\n\n3454 GOVERNMENT GAZETTE, WA 13 October 2023\nPL403\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED TOWN PLANNING SCHEME AMENDMENT\nCity of Cockburn\nTown Planning Scheme No. 3—Amendment No. 157\nRef: TPS/2957\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 Cockburn Town Planning\nScheme amendment on 9 October 2023 for the purpose of—\n1. Modifying Table 1—Zoning Table of the Scheme Text to include 'Motor Vehicle Wash' as 'A' use\nin the Local Centre Zone.\n2. Modifying Clause 4.9.2 (e) (Commercial and Industrial Uses—Landscaping) of the Scheme Text\nto be re-worded to state: 'There shall be not less than one (1) shade tree planted for every 10\nlinear metres of verge frontage or for every 50 square metres of the total landscaped area\nprovided on the lot and within street verge, whichever results in the greater number of trees.'\n3. Modifying Clause 4.9.4 (f) (Commercial and Industrial Uses—Landscaping) of the Scheme Text\nto be re-worded to state: 'There shall be not less than one (1) shade tree planted in the car\nparking area for every three (3) side-by-side car parking spaces provided on the lot.\"\n4. Modifying Clause 4.10.1 (b) (Rural Uses) of the Scheme Text to be reworded to state: \"Where\nreticulated water supply is not provided to a lot the landowner, or the subdivider shall be\nresponsible for providing a potable water supply where it is proposed to use the land for the\nagistment of stock or for residential uses in the Rural Zone.\"\n5. Introducing Clause 4.10.1 (d) (Rural Uses) to the Scheme Text to state: \"Where it is proposed\nto use the land for residential uses in the Rural Zone and the land is in a Bushfire Prone Area,\nthe landowner shall be responsible for providing a water tank(s) dedicated for firefighting\npurposes (of a size and constructed in accordance with the technical requirements of the\nGuidelines for Planning in Bushfire Prone Areas).\"\n6. Introducing Clause 4.10.11 (f) (Resource Zone) to the Scheme Text to state: \"Where reticulated\nwater supply is not provided to a lot the landowner, or the subdivider shall be responsible for\nproviding a potable water supply where it is proposed to use the land for the agistment of stock\nor for residential uses in the Resource Zone.\"\n7. Introducing Clause 4.10.11 (g) (Resource Zone) to the Scheme Text to state: \"Where it is\nproposed to use the land for residential uses and a potable water supply is not available, the\nlandowner shall be responsible for providing a rainwater storage tank with a minimum\ncapacity of 90,000 litres in the Resource Zone.\"\n8. Introducing Clause 4.10.11 (h) (Resource Zone) to the Scheme Text to state: \"Where it is\nproposed to use the land for residential uses in the Resource Zone and the land is in a Bushfire\nProne Area, the landowner shall be responsible for providing a water tank(s) dedicated for\nfirefighting purposes (constructed in accordance with the technical requirements of the\nGuidelines for Planning in Bushfire Prone Areas).\"\n9. Introducing Clause 4.10.12 (k) (Rural Living Zone) to the Scheme Text to state \"Where\nreticulated water supply is not provided to a lot the landowner, or the subdivider shall be\nresponsible for providing a potable water supply where it is proposed to use the land for the\nagistment of stock or for residential uses in the Rural Living Zone.\"\n10. Introducing Clause 4.10.11 (I) (Rural Living Zone) to the Scheme Text to state: \"Where it is\nproposed to use the land for residential uses and a potable water supply is not available, the\nlandowner shall be responsible for providing a rainwater storage tank with a minimum\ncapacity of 90,000 litres in the Rural Living Zone.\"\n11. Introducing Clause 4.10.12 (m) (Rural Living Zone) to the Scheme Text to state: \"Where it is\nproposed to use the land for residential uses in the Rural Living Zone and the land is in a\nBushfire Prone Area, the landowner shall be responsible for providing a water tank(s)\ndedicated for firefighting purposes (of a size and constructed in accordance with the technical\nrequirements of the Guidelines for Planning in Bushfire Prone Areas).\"\nL. HOWLETT, JP, Mayor.\nD. ARNDT, A/Chief Executive Officer.\n\n13 October 2023 GOVERNMENT GAZETTE, WA 3455\nPUBLIC NOTICES\nZZ401\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nConstance V Greenwood late of 6 Jasmine Close, Edgewater, WA, deceased.\nCreditors and other persons having claims (to which S.63 of the Trustees Act 1962 relates) in respect of\nthe estate of the deceased who died on 16 June 2023 are required by the executor to send particulars of\ntheir claim to 1/B Wandina Place, Duncraig W.A. 6023 within one month of the date of publication of\nthis notice.\nAfter this date the Executor may convey or distribute the assets having regard only to claims of which\nnotice has been given.\nCORNELIUS (CON) GREENWOOD—Executor.\n———————————\nZZ402\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nGary John Manley late of 22 Marine Terrace, Albany, 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 2 April 2023, are required by the trustee of the late\nGary John Manley of care of Philip Wyatt Lawyers, PO Box 1026, Albany, Western Australia 6331 to\nsend particulars of their claims to them within one (1) month from the date of publication of this notice,\nafter which date the trustee may convey or distribute the assets, having regard only to the claims of\nwhich it then has notice.\nDated this 4th day of October 2023.\nPHILIP WYATT LAWYERS.\n———————————\nZZ403\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nEstate of Edna Violet Patey late of Manoah Homes, 86 Mills Road West, Martin, Western Australia,\n6111, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the above named deceased, who died on 16th August 2023, are required by the\nexecutor, Annette Patey of 21 Rangeview Court, Maddington, Western Australia 6109 to send the\nparticulars of their claims to her within one (1) month of the date of publication of this notice after\nwhich date the executor may convey or distribute the assets, having regard only to the claims of which\nthey then have notice.\n———————————\nZZ404\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nEstate of Dale David Barron, late of 71/3 Village No. 2, Khui Muang Sub-District, Bang Rakam District,\nPhitsanulok Province, Thailand, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on 28/05/2023, are required by the Executor Amanda\nJane Barron of 65 Balook Street, Lauderdale TAS 7021 to send particulars of their claims to her within\n30 days by registered mail after which date she may convey or distribute the assets of the estate, having\nregard only to the claims of which she then has notice.\n———————————\n\n3456 GOVERNMENT GAZETTE, WA 13 October 2023\nZZ405\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nEstate of the late Terrence John Hickey late of 11 Yunderup Road, South Yunderup, 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 20th May 2023 are requested by the Executrix,\nCherrie Fauntleroy of PO Box 553, Kwinana, WA 6966 to send particulars of their claims within 30 days\nfrom the date of this notice, after which date the Executrix may convey or distribute the assets, having\nregard only to the claims of which they then have notice.\n———————————\nZZ406\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nEstate of the late Sylvia Jean Bouwens of 5 Wittering Crescent, Balga 6061 Western Australia,\ndeceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the Estate of the above named deceased who died on the 21 August 2023, are required to send\nparticulars of their claims to the executor, care of Sylvia Jean Bouwens of Unit 18/32 Balga Avenue,\nBalga 6061, Western Australia within 1 month of the date of publication of this notice after which date\nthe executor may convey or distribute the assets having regard only to claims of which notice has been\ngiven.\nSYLVIA BOUWENS,\n18/32 Balga Avenue, Balga WA 6061.\n0426 632 725.\n———————————\nZZ407\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nIn the estate of Ernest James Playle late of 9/19 Swallowtail Parade, Warnbro in the State of Western\nAustralia, Plant Operator, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 (WA) relates)\nin respect of the estate of the deceased, who died on 5 September 2021, are required by the executrix,\nBeverley Joy Jones of care of HFM Legal, Suite 5/205 Burslem Drive, Maddington in the State of\nWestern Australia, to send particulars of their claims to her at HFM Legal of PO Box 2124, Broome\nWA 6725 by the date being one month following the publication of this notice, after which date the\nExecutrix may convey or distribute the assets, having regard only to claims of which she then has\nnotice.\n———————————\nZZ408\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nNotice to Creditors and Claimants of Kathleen Joan Coake late of Baptistcare Yallambee, 2 Fenton\nStreet, Mundaring, Western Australia, Home Duties, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased who died on 21 June 2023 are required by the Trustee Australian\nExecutor Trustees Limited ACN 007 869 794 of GPO Box 546, Adelaide SA 5001 to send particulars of\ntheir claim to them by 24 November 2023 after which date the Trustee may convey or distribute the\nassets having regard only to the claims of which it then has notice.\n———————————\n\n13 October 2023 GOVERNMENT GAZETTE, WA 3457\nZZ409\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the Estates of the undermentioned deceased persons are required to send particulars of their\nclaims to me on or before 13 November 2023 after which date I may convey or distribute the assets,\nhaving regard only to the claims of which I then have notice.\nBrown, Lindsay John, formerly of 9 Elona Close, Willetton, late of Concorde Nursing Home, 25 Anstey\nStreet, South Perth, who died on 19 November 2022 (DE33194398 EM313).\nGard, Stanley, late of Windsor Park Aged Care, 110 Star Street, Carlisle, who died on 13 May 2023\n(PM33180992 EM214).\nGray, Maureen Ellen, late of Aegis Woodlake, 40 Woodlake Retreat, Kingsley, who died on 30 August\n2023 (DE19822488 EM14).\nGriggs, Keith Ronald, late of Regis Greenmount, 22 Coongan Avenue, Greenmount, who died on 2 June\n2023 (DE33185592 EM14).\nHanrahan, Roma Jean, late of Kingsway Court, 5 Baron Loop, Madeley, who died on 11 June 2023\n(DE33053158 EM110).\nKeith, Elton Louis, late of 2 Spinoza Street, Mount Lawley, who died on 30 July 2023\n(DE33087004 EM26).\nLai, Tong Eng, late of 20 Nerida Way, Parkwood, who died on 9 September 2023 (DE19923997 EM37).\nMcQueen, Gwenyth Mary, late of 163 Rochdale Road, Mount Claremont, who died on 3 August 2023\n(DE19913655 EM35).\nPreece, Margaret Ann, late of 1A Scott Street, South Perth, who died on 24 August 2023\n(DE33023204 EM22).\nBRIAN ROCHE, Public Trustee,\n553 Hay Street, Perth WA 6000.\nTelephone: 1300 746 212.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The amendment alters the scope of the 2022 local laws by removing specified provisions from the Bush Fire Brigades Local Law (clause 3), correcting and changing regulatory reach in the Dogs Local Law (clause 4), and changing who/what is regulated and how property is disposed of in the Public Places and Local Government Property Local Law (clause 5(e)–(g), 5(b)–(c)). These changes shift operational responsibilities and enforcement/disposal options available to the Shire and its officers."},"complexity_factors":["Multiple discrete amendments across three separate local laws (clause 3–5) requiring cross-referencing to prior instruments","Deletion of whole clauses from the Bush Fire Brigades Local Law 2022 (clause 3(a)–(c)) which may alter brigade duties or procedures","Technical corrections to cross‑references and punctuation in the Dogs Local Law 2022 (clause 4(a)–(b))—low legal complexity but requires accurate mapping to prior text","Changes to animal references (adding 'or cat' and excluding cats from an 'animal' provision) that alter who is regulated (clause 5(b), 5(c))","Rewritten disposal pathways for local government property introducing value-based thresholds tied to an external regulation (Local Government (Functions and General) Regs reg 30(3)) and multiple disposal routes including handing property to WA Police or donation (clause 5(e))—creates dependence on an external monetary threshold","Renumbering and minor wording edits (clause 5(f)–(g), schedule change) that require updating enforcement instruments and fees lists","Short commencement delay (comes into operation 14 days after Gazette) affecting implementation timing (clause 2)"],"plain_english_summary":"This amendment changes three Shire of Kondinin local laws from 2022. It removes selected provisions from the Bush Fire Brigades law, fixes cross‑references and punctuation in the Dogs law, and alters the Public Places and Local Government Property law to add cats in one place, exclude cats from another, and change how found or abandoned property may be dealt with (including handing certain items to WA Police or donating them). It affects residents, animal owners, brigade members and council officers by changing obligations, disposal options and enforcement discretion."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This amendment remains strictly within the scope of technical corrections and minor updates to the Shire of Kondinin's 2022 local laws. It does not expand the regulatory reach or introduce new policy areas beyond what was already covered in the original 2022 laws."},"complexity_factors":["Very short document (approximately 1 page of substantive content)","Only 3 main operative clauses (sections 3, 4, and 5)","No defined terms section — relies on definitions in parent Acts (Local Government Act 1995, Bush Fires Act 1954, Dog Act 1976)","Simple amendment structure: 'delete X', 'replace Y with Z', 'insert words'","No nested exceptions or conditional logic","Cross-references are internal to the Shire's own 2022 local laws (familiar territory for users)","Straightforward commencement provision (14 days after Gazette publication)"],"plain_english_summary":"The Shire of Kondinin’s amendment makes technical fixes to three 2022 local laws: it removes a few clauses from the Bush Fire Brigades law, corrects typos and a cross‑reference in the Dogs law, and tidies punctuation, adds cats to certain animal rules, updates lost‑property thresholds, and fixes a numbering error in the Public Places and Local Government Property law. It mainly clarifies and corrects wording to keep rules enforceable for residents, pet owners, brigade members and users of Shire facilities."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-kondinin-amendment-local-law-2023","history":"/api/acts/shire-of-kondinin-amendment-local-law-2023/history","analysis":"/api/acts/shire-of-kondinin-amendment-local-law-2023/analysis","conflicts":"/api/acts/shire-of-kondinin-amendment-local-law-2023/conflicts","importantCases":"/api/acts/shire-of-kondinin-amendment-local-law-2023/important-cases","documents":"/api/acts/shire-of-kondinin-amendment-local-law-2023/documents"}}