{"id":"wa-local:west-arthur-shire-of-shire-of-west-arthur-animals-environment-and-nuisance-local-law-2024","name":"Shire of West Arthur, Animals, Environment and Nuisance Local Law 2024","slug":"shire-of-west-arthur-animals-environment-and-nuisance-local-law-2024","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439089,"registerId":"wa-local:west-arthur-shire-of-shire-of-west-arthur-animals-environment-and-nuisance-local-law-2024-pdf-1775955230321","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of West Arthur, Animals, Environment and Nuisance Local Law 2024","content":"469\nISSN 2204-4264 (online)\nPERTH, FRIDAY, 8 MARCH 2024 No. 23\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nCONTENTS\nPage\nFire and Emergency Services ............................................................................................................ 471\nJustice ................................................................................................................................................ 471\nLands .................................................................................................................................................. 475\nLocal Government .............................................................................................................................. 476\nMarine/Maritime................................................................................................................................ 490\nMinerals and Petroleum .................................................................................................................... 491\nPlanning ............................................................................................................................................. 492\nPremier and Cabinet ......................................................................................................................... 495\nPublic Notices..................................................................................................................................... 495\n\nIMPORTANT COPYRIGHT NOTICE\n© State of Western Australia\nThis work is copyright. Apart from any use as permitted under the\nCopyright Act 1968, no part\nmay be reproduced by any process without written permission from the Attorney General for\nWestern Australia. Enquiries in the first instance should be directed to the Government Printer,\nParliamentary Counsel’s Office, publications@pco.wa.gov.au.\nNote: A Creative Commons Attribution 4.0 International Licence (CC BY 4.0) applies with\nrespect to material on the WA Legislation Website (with certain exceptions), and to copies of Acts,\nand reprints of Acts and subsidiary legislation, printed by the Government Printer. To view\nrelevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\nPUBLISHING DETAILS\nThe Western Australian\nGovernment Gazette is published by the Government Printer for the State of\nWestern Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or\nunforeseen circumstances.\nSpecial\nGovernment Gazettes containing notices of an urgent or particular nature are published\nperiodically.\nThe following guidelines should be followed to ensure publication in the\nGovernment Gazette—\n• Material submitted to the Executive Council prior to gazettal will require a copy of the signed\nExecutive Council Minute Paper.\n• Copy must be lodged with the Publications Officer, Department of the Premier and Cabinet no\nlater than 12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)—\nEmail address:\ngazette@dpc.wa.gov.au\n• Enquiries regarding publication of notices can be directed to the Publications Officer on\n(08) 6552 6012.\n• Enquiries regarding payment of notices can be directed to (08) 6552 6000 or\nsales@dpc.wa.gov.au\n• Lengthy or complicated notices should be forwarded early to allow for preparation.\nFailure to observe this request could result in the notice being held over.\nAfter lodging any notices, confirmation is not required by post.\nIf original copy is forwarded later and\npublished, the cost will be borne by the advertiser.\nGOVERNMENT GAZETTE\nPUBLISHING DETAILS FOR\nEASTER 2024\nA gazette will be published on Thursday 28th March\nand closing time for copy is Wednesday 27th March at noon.\nA gazette will be published on Friday 5th April\nand closing time for copy is Wednesday 3rd April at noon.\nThe Gazette will not be published on Tuesday 2nd April.\n\n8 March 2024 GOVERNMENT GAZETTE, WA 471\nFIRE AND EMERGENCY SERVICES\nFE401\nBUSH FIRES ACT 1954\nTOTAL FIRE BAN DECLARATION\nCorrespondence No. D18023\nPursuant to powers delegated under the\nBush Fires Act 1954, the Assistant Commissioner of the\nDepartment of Fire and Emergency Services, declared under Section 22A of the\nBush Fires Act 1954, a\ntotal fire ban for 5 March 2024 for the local government districts of—\nWaroona, Harvey, Dardanup, Collie, Donnybrook-Balingup.\nDated 4 March 2024.\nJON BROOMHALL, Assistant Commissioner of the Department of\nFire and Emergency Services, as a sub-delegate of the Minister\nunder section 16 of the\nFire and Emergency Services Act 1998.\nJUSTICE\nJU401\nCOURT SECURITY AND CUSTODIAL SERVICES ACT 1999\nPERMIT DETAILS ISSUED\nThe following permits have been issued pursuant to Section 51 of the\nCourt Security and Custodial\nServices Act 1999 –\nSurname First Name(s) Permit Number\nPotts Gary 242923\nAlier David Akout 242924\nDated 22 February 2024.\nBRAD ROYCE APM, Commissioner.\nSurname First Name(s) Permit Number\nMoore Benjamin John 242925\nDated 24 February 2024.\nBRAD ROYCE APM, Commissioner.\n———————————\nJU402\nPROFESSIONAL STANDARDS ACT 1997\nAUTHORISATION AND PUBLICATION PURSUANT TO SECTION 26\nThe Law Society of Western Australia Professional Standards Scheme\nI, John Quigley MLA, Attorney General; Minister for Electoral Affairs, pursuant to section 26 of the\nProfessional Standards Act 1997 WA (the Act), authorise the publication of The Law Society of\nWestern Australia Professional Standards Scheme (the Scheme) submitted to me by the Professional\nStandards Council of Western Australia. The Scheme is published with this authorisation and\ncommences on 1 July 2024. The Scheme remains in force for a period of 5 years from its commencement\nunless the Scheme is revoked, extended, or its operation ceases as specified in the Act.\nDated 27 February 2024.\nHon. JOHN QUIGLEY, MLA, Attorney General; Minister for Electoral Affairs.\n————\n\n472 GOVERNMENT GAZETTE, WA 8 March 2024\nPROFESSIONAL STANDARDS ACT 1997 (WA)\nTHE LAW SOCIETY OF WESTERN AUSTRALIA PROFESSIONAL STANDARDS SCHEME\nPREAMBLE\nA. The Law Society of Western Australia Inc. (“Law Society WA”) is an occupational association for\nlegal practitioners in Western Australia for the purposes of the\nProfessional Standards Act 1997\n(WA) (“the Act”).\nB. The Scheme is prepared by the Law Society WA for the purposes of limiting Occupational liability\nto the extent to which such liability may be limited under the Act.\nC. The Scheme applies to all Participating Members, as defined in the Scheme.\nD. The Scheme will have force in Western Australia, Victoria, New South Wales, Queensland, South\nAustralia, the Northern Territory, Tasmania and the Australian Capital Territory. To the extent\nthat the Scheme applies to limit liability in jurisdictions other than Western Australia, it is subject\nto the Professional Standards Legislation of those jurisdictions.\nE. The Law Society WA has furnished the Council with a detailed list of the risk management\nstrategies to be implemented in respect of its Participating Members and the means by which those\nstrategies are to be implemented.\nF. The Law Society WA has furnished the Council with details of its insurance standards and\nprofessional indemnity insurance claims monitoring process. The Law Society WA will not amend\nthese insurance standards while the Scheme is in force without prior approval of the Council.\nG. The Law Society of WA has advised its Participating Members that they must have the benefit of\na professional indemnity policy that complies with Law Society WA’s insurance standards and that\nthey remain liable for the amount of any difference between the amounts payable to a plaintiff\nunder the policy and the monetary ceiling specified in the Scheme.\nH. The Law Society WA has furnished the Council with details of its complaints system and discipline\nsystem.\nI. The Law Society WA and its members to whom the Scheme applies have undertaken to comply\nwith all reporting obligations associated with the Scheme, in furtherance of the statutory objects of\nimprovement of the occupational standards of its members, and protection of the consumers of such\nmembers’ services.\nJ. The Law Society WA has undertaken to remit all fees payable under the\nProfessional Standards\nRegulations 1998 (WA) to the Council as and when these become due.\nK. The Scheme is intended to commence on 1 July 2024 and remain in force for a period of five (5)\nyears from its commencement, unless, prior to that time, it is revoked, its operation ceases, or it is\nextended.\nL. Sections 12GNA(2) of the Australian Securities and Investments Commission Act 2001 (Cth),\n137(2) of the Competition and Consumer Act 2010 (Cth), and 1044B(2) of the Corporations Act 2001\n(Cth) provide for a limited liability where a professional standards scheme is prescribed in the\nrelevant regulation. The Scheme does not apply to limit any liability under a Commonwealth law\nunless it has been prescribed under regulations by the Commonwealth.\nTHE LAW SOCIETY OF WESTERN AUSTRALIA SCHEME\n1. Occupational association\n1.1 The Law Society of Western Australia Inc. Professional Standards Scheme is a scheme under the\nProfessional Standards Act 1997 WA (“the Act”) prepared by the Law Society of Western Australia\nInc. (“Law Society of WA”) whose business address is: Level 4, 160 St Georges Terrace, Perth,\nWestern Australia.\n2. Persons to Whom the Scheme Applies\n2.1 The Scheme applies to—\n2.1.1 All Ordinary Members and Life Members holding an Australian Practising Certificate, who\nare not a Corporate Legal Practitioner or a Government Legal Practitioner, and who are not\nexempted under clause 2.2 of the Scheme;\n2.1.2 Incorporated Legal Practice Members that are not exempted under clause 2.2 of the Scheme;\nand\n2.1.3 All persons to whom, by virtue of sections 31, 32 or 33 of the Act, the Scheme applies.\n2.2 A person referred to in Clause 2.1 may, on application by that person, be exempted from the Scheme\nfrom the date specified by the Law Society WA. This clause does not apply to persons to whom the\nScheme applies by virtue of sections 31, 32 or 33 of the Act.\n\n8 March 2024 GOVERNMENT GAZETTE, WA 473\n3. Jurisdiction\n3.1 The Scheme applies in Western Australia.\n3.2 In addition to Western Australia, the Scheme is intended to operate in New South Wales, Victoria,\nQueensland, South Australia, Tasmania, the Northern Territory and the Australian Capital\nTerritory in accordance with the Professional Standards Legislation of those states and territories\nand subject to the requirements of that legislation (‘the Corresponding laws’), so that references to\na provision of the Act, the application of the Scheme to a liability, the limit of a liability under the\nAct or what constitutes Occupational liability are intended to pick up the relevant provisions of the\ncorresponding laws, applied mutatis mutandis, to the extent that is necessary for the application\nof the Scheme in any of those jurisdictions as an interstate scheme.\n4. Limitation of liability\n4.1 The Scheme only affects the liability for damages arising from a single cause of action to the extent\nto which the liability results in Damages exceeding $1.5 million.\n4.2 If a person who is, or was, at the time of the act or omission giving rise to Occupational liability, a\nperson to whom the Scheme applies, or applied, and against whom a proceeding relating to\nOccupational liability is brought, is able to satisfy the Court that such person has the benefit of an\ninsurance policy—\n(a) Of a kind which complies with the standards determined by the Law Society WA;\n(b) Insuring such person against the Occupational liability to which the cause of action relates;\nand\n(c) Under which the amount payable in respect of that Occupational liability is not less than the\napplicable monetary ceiling specified in clause 4.3 of this Scheme;\nthen that person is not liable in Damages in relation to that cause of action above the monetary\nceiling specified in clause 4.3 of this Scheme.\n4.3 The applicable monetary ceiling is to be determined according to the table below—\nTier Description Monetary ceiling (Maximum\namount of liability)\n1 Participating Members who were at the\nRelevant Time in a Law Practice that generated\na Total Annual Fee Income for the financial year\nimmediately preceding the Relevant Time up to\nand including $5 million\n$1.5 million\n2 Participating Members who were at the\nRelevant Time in a Law Practice that generated\na Total Annual Fee Income for the financial year\nimmediately preceding the Relevant Time of\nmore than $5 million and up to $10 million\n$5 million\n3 Participating Members who were at the\nRelevant Time in a Law Practice that Generated\na Total Annual Fee Income for the financial year\nimmediately preceding the Relevant Time of\nmore than $10 million\n$10 million\n4.4 Clause 4.2 does not limit the amount of Damages to which a person to whom the Scheme applies is\nliable if the amount is less than the amount specified for the purpose in this Scheme in relation to\na person to whom the Scheme applies.\n4.5 This Scheme limits the Occupational liability in respect of a cause of action founded on an act or\nomission occurring during the period when the Scheme was in force of an person to whom the\nScheme applied at the time the act or omission occurred.\n4.6 Notwithstanding anything to the contrary contained in this Scheme if, in particular circumstances\ngiving rise to Occupational liability, the liability of any person who is subject to this Scheme should\nbe capped by both this Scheme and also by any other scheme under Professional Standards\nLegislation (whether of this jurisdiction or under the law of any other Australian state or territory)\nand, if the amount of such caps should differ, then the higher cap shall be the applicable cap.\n5 Conferral of discretional authority\n5.1 The Law Society WA has discretionary authority, on application by a person referred to in clause\n2.1, to specify in relation to that person, a higher maximum amount of liability than would\notherwise apply under the Scheme in relation to that person, either in all cases or in any.\n6 Commencement and duration\n6.1 The Scheme will commence—\n6.1.1 in Western Australia, New South Wales, Queensland, Tasmania, and the Northern Territory\non 1 July 2024; and\n6.1.2 in Victoria, on 1 July 2024 if the Scheme is published in the\nGovernment Gazette at least two\nmonths prior to that date; or in any other case, two months after the date the Scheme is\npublished in the\nGovernment Gazette.\n\n474 GOVERNMENT GAZETTE, WA 8 March 2024\n6.1.3 in the Australian Capital Territory and in South Australia, on this same date, or such other\nlater date, provided the date is specified in the relevant Minister’s notice in relation to the\nScheme; or\n6.1.4 in all other cases, subject to the statutory provisions of each applicable jurisdiction.\n6.2 The Scheme will be in force in all applicable jurisdictions for a period of five (5) years from its\ncommencement in Western Australia.\n6.3 Clauses 6.2 is subject to the provisions of the Corresponding laws in each jurisdiction in relation to\nthe revocation, extension, or cessation of a scheme.\n7 Definitions\n7.1 Relevant definitions for the purpose of this Scheme are as follows:\n“Act” means the\nProfessional Standards Act 1997 (WA).\n“Australian Practising Certificate” has the same meaning as it has in the\nLegal Profession Uniform\nLaw (Western Australia)1.\n“Corporate Legal Practitioner” has the same meaning as it has in the\nLegal Profession Uniform\nLaw (Western Australia)2.\n“Corresponding laws” means the\nProfessional Standards Act 1994 (NSW), the\nProfessional\nStandards Act 2003 (Vic), the\nProfessional Standards Act 2004 (Qld), the\nProfessional\nStandards Act 2004 (SA), the\nProfessional Standards Act 2005 (Tas), the\nProfessional\nStandards Act 2004 (NT), and the\nCivil Law (Wrongs) Act 2002 (ACT), as applicable.\n“Council” means the Professional Standards Council established under section 8(1) of the Act.\n“Court” has the same meaning as it has in the Act.\n“Damages” has the same meaning as it has in the Act.\n“Exempted Member’ means a member of the Law Society WA who is, or was, at the Relevant Time,\nexempted by the Law Society WA from participation in the Scheme pursuant to clause 2.2;\n“Financial Year” means a financial accounting period ending 30 June.\n“Government Legal Practitioner” has the same meaning as it has in the\nLegal Profession Uniform\nLaw (Western Australia)3.\n“Incorporated Legal Practice Member” means an incorporated legal practice within the meaning of\nthe\nLegal Profession Uniform Law (Western Australia) that is a member of the Law Society\nWA under rule 15 of the Constitution of the Law Society WA, as amended from time to time4.\n“Law Practice” has the same meaning as it has in the\nLegal Profession Uniform Law (Western\nAustralia)5.\n“Law Society WA” means the Law Society of Western Australia Inc.\n“Life Member” means a person who is a Life Member of the Law Society WA within the meaning of\nrule 13 of the Constitution of the Law Society WA, as amended from time to time.\n“Occupational liability” has the same meaning as it has in the Act.\n“Ordinary Member” means a person who is an Ordinary Member of the Law Society WA within the\nmeaning of rule 9 of the Constitution of the Law Society WA, as amended from time to time.\n“Participating Members” means those persons specified in clause 2.1 of the Scheme.\n“Person” means an individual or a body corporate.\n“Professional Standards Legislation” means the legislation applicable in each State and Territory,\nnamely, the\nProfessional Standards Act 1994 (NSW), the\nProfessional Standards Act 2003\n(Vic), the\nProfessional Standards Act 2004 (Qld), the\nProfessional Standards Act 2004 (SA), the\nProfessional Standards Act 2005 (Tas), the\nProfessional Standards Act 2004 (NT), and the\nCivil\nLaw (Wrongs) Act 2002 (ACT), as applicable.\n“Relevant Time” refers to the time at which the act or omission occurs, not the time when the claim\nis brought.\n“Scheme” means the Law Society of Western Australia Inc. Professional Standards Scheme.\n“Total Annual Fee Income” means the amount charged during a Financial Year for services\nprovided by or on behalf of a law practice some of whose members are Participating Members.\n———————————\n1 Refer\nLegal Profession Uniform Law Application Act 2022 section 6.\n2 Refer\nLegal Profession Uniform Law Application Act 2022 section 6.\n3 Refer\nLegal Profession Uniform Law Application Act 2022 section 6.\n4 Refer\nLegal Profession Uniform Law Application Act 2022 section 6.\n5 Refer\nLegal Profession Uniform Law Application Act 2022 section 6.\n6.Refer\nLegal Profession Uniform Law Application Act 2022 section 6.\n\n8 March 2024 GOVERNMENT GAZETTE, WA 475\nJU403\nPRISONS ACT 1981\nPERMIT DETAILS\nPursuant to Section 15P of the\nPrisons Act 1981, I hereby issue the following permits –\nSurname Other Name(s) Permit No.\nBlackman Michelle Dianne PA 0826\nChittick Amanda Lorraine PA 0827\nGallehawk Julia May PA 0828\nHin Racheal Joanne PA 0829\nHoltzman Hannah Elizabeth PA 0830\nJones Giorgia PA 0831\nKearns Carley PA 0832\nKeevers Patricia Mary Caroline PA 0833\nKickett Rosalie May PA 0834\nLangworthy Learna Michelle PA 0835\nMoyo Thabani PA 0836\nMuthu Geetha PA 0837\nOman Niall Kevin PA 0838\nPinto Brian James PA 0839\nWu Yunsheng PA 0840\nDated 1st March 2024.\nBRAD ROYCE APM, Commissioner, Corrective Services.\nLANDS\nLA401\nELECTRONIC CONVEYANCING ACT 2014\nMAKING AND PUBLICATION OF OPERATING REQUIREMENTS\nMaking and Publication of Participation Rules\nWA Operating Requirements Version 7\nNotice is given that under section 22(1) of the\nElectronic Conveyancing Act 2014 (“Act”) the Registrar\nof Titles has determined that WA Operating Requirements Version 7 will come into effect in Western\nAustralia on 28 March 2024. In accordance with section 25 of the Act, the WA Operating Requirements\nVersion 7 were published on Landgate’s website on 23 February 2024 and can be found at\nhttp://www.landgate.wa.gov.au.\nWA Participation Rules Version 7\nNotice is given that under section 23(1) of the\nElectronic Conveyancing Act 2014 (“Act”) the Registrar\nof Titles has determined that WA Participation Rules Version 7 will come into effect in Western\nAustralia on 28 March 2024. In accordance with section 25 of the Act, the WA Participation Rules\nVersion 7 were published on Landgate’s website on 23 February 2024 and can be found at\nhttp://www.landgate.wa.gov.au.\nDated 1 March 2024.\nBRAD McBRIDE, Delegate Registrar of Titles.\n\n476 GOVERNMENT GAZETTE, WA 8 March 2024\nLOCAL GOVERNMENT\nLG401\nLOCAL GOVERNMENT ACT 1995\nCAT ACT 2011\nShire of West Arthur\nANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2024\nUnder the powers conferred by the\nLocal Government Act 1995, the\nCat Act 2011 and under all other\npowers enabling it, the Council of the Shire of West Arthur resolved on 22 February 2024 to make the\nfollowing local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the\nShire of West Arthur Animals, Environment and Nuisance Local\nLaw 2024.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the\nGovernment Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Terms Used\n(1) In this local law, unless the context specifies otherwise—\nAct means the\nLocal Government Act 1995;\naffiliated person means a person who is a member of a poultry or pigeon club incorporated under\nthe\nAssociations Incorporation Act 2015;\namusement means anything usually conducted for amusement at a fair, a carnival or a show,\nwhether conducted at a fair, a carnival or a show or elsewhere;\nauthorised person means a person authorised by the local government to perform any of the\nfunctions under this local law and includes the CEO;\naviary bird means any bird, other than poultry or pigeons, kept, or usually kept in an aviary or\ncage;\nbirds includes poultry;\nbuilder means the holder of a building permit issued in respect of building works on a building\nsite or a person in control of a building site;\nbuilding permit has the meaning given to it by the\nBuilding Act 2011;\nbuilding site means any lot for which a building permit is current;\ncat has the meaning given to it in the\nCat Act 2011;\ncat management facility has the meaning given to it in the\nCat Act 2011;\nCEO means the Chief Executive Officer of the local government;\nCode of Practice—Pigeon Keeping means the document entitled A Code of Practice—May\n1994—Pigeon Keeping and Pigeon Racing published in May 1994 by the Pigeon Racing\nFederation of WA (Incorporated) and the Independent Racing Pigeon Federation\n(Incorporated), as amended from time to time;\ncommercial zone means any area zoned “Commercial” under a local planning scheme;\ncow includes an ox, calf or bull;\ndevelopment has the meaning given to it in the\nPlanning and Development Act 2005;\ndevelopment approval means a development approval under a local planning scheme;\ndevelopment site includes any lot or lots for which there is currently a development or subdivision\napproval, and any lot or lots upon which construction work, earthworks, clearing of scrub, trees\nor overgrowth or any other site works are taking or have taken place;\ndistrict means the district of the local government;\ndisused means, in relation to any thing whatsoever, that the thing—\n(a) is not in use for the purpose for which it was designed or appears to have been designed\nor intended; or\n(b) has been stored or left stationary on land in the district for more than 1 month;\ndust means any visible granular or particulate material which has or has the potential to become\nairborne and includes organic and non-organic matter and sand, but does not include smoke;\nEHO means an Environmental Health Officer appointed by the local government;\nequipment means equipment, machinery or vehicles used for, or in connection with, the\ndevelopment of land;\nfood premises includes the meaning of “food” as given under section 9 of the\nFood Act 2008 and\nthe meaning of “food business”, as given under section 10 of the\nFood Act 2008;\n\n8 March 2024 GOVERNMENT GAZETTE, WA 477\nhorse means a stallion, mare, gelding, shetland pony, pony, colt or foal, and includes an ass, mule,\ndonkey and any beast of whatever description used for burden or draught or for carrying\npersons;\nindustrial zone means any area zoned “Industrial” under a local planning scheme;\nland includes any building or structure on the land;\nlicence means a licence, permit or approval issued under this local law;\nlicence holder means a person who holds a valid licence;\nliquid waste means waste from any process or activity that is in liquid form and includes paint,\nfuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal waste, food waste, effluent\nand all discharges of liquid to land, air or water that are not otherwise authorised by a written\nlaw but does not include uncontaminated stormwater;\nlivestock means any horse, cow, sheep, goat, swine, buffalo, deer, camel, llama or alpaca;\nlivestock vehicle means a vehicle that contains livestock or previously has been used for the\ncarriage of livestock;\nlocal government means the Shire of West Arthur;\nlocal planning scheme has the meaning given to it by the\nPlanning and Development Act 2005;\nlot has the meaning given to it by the\nPlanning and Development Act 2005;\nminiature horse means a horse which meets the standard and height for a miniature horse as\ndescribed by the Miniature Horse Association of Australia Inc;\nminiature pig means a pig that does not exceed 650 millimetres in height as an adult and weighs\nless than 55 kilograms;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\noccupier means any person who is in control of any land or part of any land or authorised by the\nowner, lessee, licensee or any other person empowered to exercise control in relation to land to\nperform any work in relation to any land and includes a builder or contractor;\nowner has the meaning given in section 1.4 of the Act;\npigeon includes homing pigeons and other domesticated breeds of the species\nColumba livia, but\ndoes not include native pigeons or doves whether or not the keeping of such birds is subject to\nthe approval of the Department of Biodiversity, Conservation and Attractions;\npoultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and\nother birds commonly kept for the production of eggs or meat for domestic consumption;\npublic notice means such notice as the local government considers necessary—\n(a) stipulating duration and placement of notices as is considered relevant to inform the\ncommunity,\n(b) not requiring compliance with local public notice under section 1.7 of the Local\nGovernment Act; and\n(c) the local government may place the notice given as a public notice on the local\ngovernment’s website or other means of informing the public;\nrefuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron,\ntimber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and\nwaste food, and includes any broken, used, derelict or discarded matter;\nRegulations means the\nLocal Government (Functions and General) Regulations 1996;\nresidential building has the meaning given to it in the Residential Design Codes of Western\nAustralia as amended;\nresidential zone includes any area zoned “Residential” under a local planning scheme;\nrural residential zone means any area zoned “Rural Residential” under a local planning scheme;\nrural zone means any area zoned “Rural” under a local planning scheme;\nsand means granules or particles of rock, earth, clay, loam, silt and any other granular, particulate\nor like material including dust and gravel;\nSchedule means a schedule to this local law;\nset fee means a fee or charge made by the local government under sections 6.16 to 6.19 of the Act;\nstormwater means any naturally occurring water that results from rainfall on or around a site,\nor water flowing onto the site;\nsubdivision approval means a subdivision approval under the\nPlanning and Development\nAct 2005;\nthoroughfare has the meaning given to it in section 1.4 of the Act;\n\n478 GOVERNMENT GAZETTE, WA 8 March 2024\ntownsite means the following townsites constituted under section 26(2) of the\nLand\nAdministration Act 1997—\n(a) Darkan;\n(b) Duranillin;\n(c) Bowelling; and\n(d) Moodiarup;\ntruck means a motor vehicle having a tare weight in excess of 3,000 kilograms;\nunreasonable noise has the meaning given to it by the\nEnvironmental Protection Act 1986;\nvectors of disease means an arthropod or rodent that transmits, by biological or mechanical\nmeans, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,\ncrab lice, body lice and head lice;\nvermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether\nvertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage\nto human food, habitation or possessions; and\nwritten notice means a written notice issued in accordance with Part 9.\n(2) Any other expression used in this local law and not defined herein shall have the meaning given to\nit in the Act.\n(3) Where, in this local law, a duty, obligation or liability is imposed on an “owner or occupier” the duty\nshall be deemed to be imposed jointly and severally on each owner and occupier.\nPART 2—KEEPING OF ANIMALS\n2.1 Interpretation\nIn this Part, unless the context otherwise requires—\nanimal includes cats, dogs, rabbits and ferrets or the like;\ncattery means premise registered for the breeding or caring of cats; and\nmember of a cat organisation means a person referred to in regulation 23(c) of the\nCat\nRegulations 2012.\n2.2 Cleanliness\nAn owner or occupier of premises in or on which a dog, cat or other animal is kept shall—\n(a) keep the premises free from excrement, filth, food waste and all other matter which is or is\nlikely to become offensive or injurious to health, or to attract rats or other vectors of disease;\n(b) when so directed by an EHO, clean and disinfect the premises; and\n(c) keep the premises, so far as possible, free from flies or other vectors of disease, by spraying\nwith a residual insecticide or other effective means.\n2.3 Animal enclosures\n(1) A person shall not keep or cause, or permit to be kept, any animals on premises which are not\neffectively drained or of which the drainage flows to the walls or foundations of any building.\n(2) The owner or occupier of premises where animals are kept shall, when given written notice, pave,\ngrade and drain the floors of all structures and the surface of the ground of all enclosures used for\nthe keeping of animals.\n2.4 Cats\n(1) Subject to clause 2.5, a person shall not keep more than 3 cats over the age of 6 months on premises\non any land within the district, without a licence from the local government.\n(2) A licence under subclause (1) is not required if the premises concerned are—\n(a) a cat management facility which has been approved by the local government;\n(b) used for veterinary purposes;\n(c) a pet shop;\n(d) premises with 3 or less cats;\n(e) granted an exemption under regulation 7 of the\nCat (Uniform Local Provisions)\nRegulations 2013;\n(f) is a member of a cat organisation; or\n(g) the subject of an exemption granted by the local government.\n(3) An owner or occupier of premises may apply to the local government for exemption from the\nrequirements of subclause (1).\n(4) The local government shall not grant a licence under subclause (3) unless it is satisfied that the\nnumber of cats to be kept will not be a nuisance or injurious or dangerous to health.\n(5) An exemption granted under this clause shall specify—\n(a) the owner or occupier to whom the exemption applies;\n(b) the premises to which the exemption applies; and\n(c) the maximum number of cats which may be kept on the premises.\n\n8 March 2024 GOVERNMENT GAZETTE, WA 479\n(6) A person who is granted an exemption under subclause (3) may be subject to conditions, including\nbut not limited to—\n(i) replacement of a cat not permitted if it dies or is permanently removed from the premises not\nbeing permitted;\n(ii) the licence holder will provide adequate space for the exercise of the cats;\n(iii) the premises shall be maintained in good order and in a clean and sanitary condition; and\n(iv) such other conditions, as the local government considers appropriate.\n2.5 Conditions for keeping cats\n(1) The occupier of any premises shall not keep a cattery on those premises, unless the cattery is\nregistered with the local government and the occupier has complied with the following conditions—\n(a) the occupier shall obtain a licence from the local government to establish a cattery;\n(b) upon receiving a licence to establish a cattery, the occupier shall apply for registration of the\ncattery in the form determined by the local government;\n(c) the occupier shall have paid, to the local government, the set fee;\n(d) the occupier shall provide, for every cat, a properly constructed shelter with an enclosure, which\nshall comply with the following conditions—\n(i) every shelter shall have a floor area of not less than 0.50 square metres for every cat over\nthe age of 3 months old that may be kept therein; and\n(ii) the area of the enclosure appurtenant to any shelter or group of shelters forming a cattery\nshall not be less than 3 times the area of the shelter or group of shelters to which it is\nappurtenant;\n(e) every shelter or enclosure shall be at least 10 metres from the boundary of any land not in the\nsame ownership or possession, or at least 10 metres from any dwelling, church, schoolroom,\nhall, factory, dairy or premises wherein food is manufactured, packed or prepared for human\nconsumption; and\n(f) all enclosures, yards, runs and shelters within which cats are kept shall be maintained at all\ntimes in a clean condition and free from vectors of disease and shall at any time be cleaned,\ndisinfected or otherwise dealt with as an EHO may direct.\n(2) A certificate of registration of a cattery issued by the local government shall—\n(a) be in the form approved by local government; and\n(b) expire on 30 June next after the date of its issue.\nPART 3—KEEPING OF BIRDS\n3.1 Keeping of poultry and pigeons in a residential, commercial and industrial zones\n(1) An owner or occupier of premises in a residential zone, commercial zone or industrial zone shall\nnot keep or permit to be kept on the premises—\n(a) more than 12 poultry, or with a licence from the local government, not more than 20 poultry;\nand\n(b) more than 12 pigeons unless the owner or occupier is an affiliated person in which case the\nmaximum number of pigeons may be increased to 100.\n(2) An owner or occupier of premises in a residential zone, commercial zone or industrial zone may\napply to the local government to vary the requirements of subclause (1).\n3.2 Conditions for keeping of poultry\n(1) A person who keeps poultry or permits poultry to be kept shall ensure that—\n(a) no poultry shall be kept less than 9 metres from any residential building on the land;\n(b) no poultry is able to approach within—\n(i) 15 metres of the property’s primary public thoroughfare;\n(ii) 9 metres of any other public thoroughfare; or\n(iii) 15 metres of a neighbouring residential building, public building or premises where\npeople are employed or premises where food is stored, prepared, manufactured or sold.\n(c) all structures or enclosures within which poultry are kept are maintained at all times in a clean\ncondition;\n(d) poultry are confined to the premises at all times; and\n(e) where the structure has an impervious floor, it is laid with a fall to the front of at least 1 in 50.\n(2) An owner or occupier of a premises who keeps poultry or permits poultry to be kept may apply to\nthe local government to vary the requirements of subclause (1)(b) or (e).\n3.3 Roosters, geese, turkeys and peafowl\n(1) An owner or occupier of premises in a residential zone, commercial zone or industrial zone shall\nnot keep or permit to be kept on the premises—\n(a) roosters;\n(b) geese;\n(c) turkeys;\n\n480 GOVERNMENT GAZETTE, WA 8 March 2024\n(d) peafowls; or\n(e) guinea fowl.\n(2) An owner or occupier of premises in a residential zone, commercial zone or industrial zone may\napply to the local government to vary the requirements of subclause (1).\n3.4 Conditions for keeping of pigeons\n(1) A person who keeps pigeons, or permits pigeons to be kept, shall ensure that—\n(a) all pigeons are kept in a properly constructed pigeon loft, except where registered homing\npigeons are freed for exercise;\n(b) all structures or enclosures within which pigeons are kept are maintained at all times in a\nclean condition;\n(c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any\nresidential building; and\n(d) no opening to a pigeon loft, including openings for ventilation, is within—\n(i) 9 metres of a public thoroughfare; or\n(ii) 15 metres of a neighbouring residential building, public building or premises where\npeople are employed or premises where food is stored, prepared, manufactured or sold.\n(2) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance\nwith the Code of Practice—Pigeon Keeping, subject to the provisions of this local law.\n3.5 Restrictions on pigeon nesting and perching\nThe local government may order an owner or occupier of premises on or in which pigeons are, or are in\nthe habit of nesting or perching, to take adequate steps to prevent them from continuing to do so.\n3.6 Conditions of keeping aviary birds\nA person who keeps, or permits to be kept, aviary birds shall ensure that—\n(a) the aviary or cage in which the birds are kept is located at least 1 metre from any lot boundary\nand at least 5 metres from a residential building on any other lot;\n(b) there is a floor beneath the roofed area of the aviary or cage which is constructed of smooth,\nimpervious material with a gradient of at least 1 in 50 to the front of the aviary or cage;\n(c) the aviary or cage is kept in clean condition and good repair at all times;\n(d) all feed for the birds other than that intended for immediate consumption is stored in vermin\nproof containers; and\n(e) effective measures are taken to prevent the attraction or harbourage of vermin.\n3.7 Nuisance caused by birds\nAn owner or occupier of land shall not keep any bird or birds which—\n(a) are or create a nuisance; or\n(b) emit an unreasonable noise.\nPART 4—KEEPING OF FARM ANIMALS\nDivision 1—Farm animals\n4.1 Application of this Division\nThis Division applies only within the townsites.\n4.2 Interpretation\nIn this Part, unless the context otherwise requires—\napproved animal means any farm animal which is the subject of a licence;\nfarm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, alpaca, pig\n(excluding a miniature pig) or any other animal so classified by the local government; and\nmanure receptacle means a receptacle constructed of smooth, impervious material and in such a\nmanner as to be easily cleaned, which has a tight fitting lid or cover to prevent the release of\nodours and prevent the entry of vectors of disease or vermin.\n4.3 Licence required to keep farm animals\nSubject to clause 4.5, an owner or occupier of land shall not keep, or allow to be kept, any farm animal\nunless in accordance with a valid licence authorising the keeping of such a farm animal issued in\nrelation to the land pursuant to clause 4.4.\n4.4 Application for a licence to keep farm animals\nIn addition to the requirements of clause 8.1, an application for a licence required by clause 4.3 shall\ninclude the following information—\n(a) a plan of the property, at a scale not less than 1:200, with dimensions clearly marked, showing\nwhere it is proposed that the animal is to be kept and the distance of that location from any\nresidential building, public building or premises where people are employed or premises where\nfood is stored, prepared, manufactured or sold;\n(b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be provided\nfor the animal;\n\n8 March 2024 GOVERNMENT GAZETTE, WA 481\n(c) a detailed written plan for the management of manure which addresses—\n(i) control of flies and other vermin;\n(ii) disease prevention; and\n(iii) prevention of nuisance odours; and\n(d) the appropriate set fees.\n4.5 Determination of application to keep farm animals\n(1) Subject to clauses 4.6 and 8.2(1)(a), the local government may—\n(a) refuse to determine an application for a licence which does not comply with clause 4.4;\n(b) approve an application for a licence subject to such conditions as it considers appropriate; or\n(c) refuse to approve an application for a licence.\n(2) Where an application for a licence is approved subject to conditions, the licence holder shall comply\nwith those conditions or cause compliance with those conditions.\n(3) Where the local government approves an application under subclause (1)(b), it is to issue to the\napplicant a licence in the form determined by the local government.\n(4) A licence is valid from the date of issue until 30 June the following year, unless it is cancelled prior\nto that date under this local law.\n4.6 Conditions of licence to keep farm animals\n(1) A licence shall not be granted pursuant to clause 4.5—\n(a) unless the land for which the licence is sought is of such dimensions and configuration as will\npermit the subject animal to be confined in a minimum cleared area of 150 square metres and\nprevented from approaching within 15 metres of any residential building, public building or\npremises where people are employed or premises where food is stored, prepared, manufactured\nor sold;\n(b) in the case of a horse (other than a miniature horse) or cow, unless the land for which the\nlicence is sought has a minimum area of 1 hectare; or\n(c) for the keeping of any pig (other than a miniature pig).\n(2) The local government shall take into account the opinions of occupiers of adjoining properties in\ndetermining whether to grant a licence for the keeping of a farm animal.\n(3) A licence to keep a farm animal may be issued subject to conditions, including—\n(a) that a stable or shelter is provided for housing the approved animal;\n(b) that a manure receptacle is provided in a position convenient to the shelter or place where the\napproved animal is kept, and that the receptacle is used for the receipt of all manure produced\non the premises; and\n(c) any other conditions that the local government considers necessary for the protection of the\nhealth and amenity of the neighbourhood.\n4.7 Requirements for keeping farm animals\n(1) An owner or occupier of premises upon which a farm animal or farm animals are kept, shall—\n(a) maintain the place or places where the animals are kept in clean condition;\n(b) ensure that any farm animal or farm animals kept on the premises does not cause or constitute\na nuisance;\n(c) maintain the premises free from flies or other vermin by spraying with residual insecticide or\nother effective means;\n(d) if a manure receptacle is required to be used—\n(i) cause all manure produced on the premises to be collected daily and placed in the\nreceptacle;\n(ii) cause the receptacle to be emptied as often as is necessary to prevent it becoming\noffensive or a breeding place for flies or other vermin, but in any case at least once a\nweek; and\n(iii) keep the lid of the receptacle closed except when manure is being deposited or removed;\nand\n(e) not permit any farm animal to approach within 15 metres of any residential building, public\nbuilding or premises where people are employed or premises where food is stored, prepared,\nmanufactured or sold.\n(2) An owner or occupier of premises in a rural residential zone shall not keep more than 6 pigs other\nthan on premises registered as a piggery pursuant to the provisions of the\nHealth (Miscellaneous\nProvisions) Act 2011, except with a licence from the local government.\n4.8 Keeping a miniature horse\n(1) An owner or occupier of a premises may keep only a sterilised miniature horse on land of not less\nthan 1,000 square metres in area provided it is registered with the local government and the set\nfee is paid.\n(2) An owner or occupier of premises shall—\n(a) not keep more than one miniature horse on land without a licence from the local government\nor an authorised person; and\n\n482 GOVERNMENT GAZETTE, WA 8 March 2024\n(b) not permit a miniature horse to come within 9 metres of any residential building, public\nbuilding or premises where people are employed or premises where food is stored, prepared,\nmanufactured or sold.\n(3) The local government or an authorised person may prohibit the keeping of a miniature horse on\nany land or may state the conditions under which a miniature horse may be kept.\n4.9 Keeping a miniature pig\n(1) Except for a miniature pig, and subject to subclause (2) no person shall keep a pig or pigs.\n(2) A person shall not keep a miniature pig without a licence from the local government or an\nauthorised person.\n(3) An owner or occupier of premises where a miniature pig is kept shall—\n(a) only keep a sterilised animal and retain written proof of its sterilisation;\n(b) confine the animal on the property at all times;\n(c) ensure the animal does not cause a nuisance to any neighbour regarding noise, dust, or odour;\n(d) maintain documentary evidence that the animal’s veterinary treatment against roundworm\nand tapeworm is current; and\n(e) not permit the animal to come within 15 metres of any residential building, public building or\npremises where people are employed or premises where food is stored, prepared, manufactured\nor sold.\n(4) The local government or an authorised person may prohibit the keeping of a miniature pig on any\nland, or state the conditions under which the miniature pig may be kept.\n4.10 Requirements for farm animal shelters\n(1) Any stable, enclosure or shelter provided for the keeping of farm animals, whether or not a licence\nis required for the keeping of such farm animals pursuant to clause 4.5, shall—\n(a) not be situated within 15 metres of any residential building, public building or premises where\npeople are employed or premises where food is stored, prepared, manufactured or sold;\n(b) not be situated within 1 metre of any lot boundary;\n(c) be constructed of materials approved by an authorised person;\n(d) have on each side of the building between the wall and roof a clear opening of at least 150\nmillimetres in height, and of sufficient length, to provide adequate ventilation to the stable,\nenclosure or shelter;\n(e) when required by the local government have a separate stall for each horse, cow or other\napproved animal, the shortest dimension of which shall be at least twice the length of the\nanimal housed therein; and\n(f) subject to subclause (2), have a floor, the upper surface of which shall—\n(i) be raised at least 75 millimetres above the surface of the surrounding ground;\n(ii) be constructed of cement, concrete or other similar impervious material; and\n(iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside\nthe stable or shelter.\n(2) A stable or shelter constructed with a sand floor may be approved by an authorised person subject\nto—\n(a) the site being well drained, with the sand floor being at least 1.5 metres above the highest\nknown ground water level;\n(b) a 300 millimetre thick bed of crushed limestone being laid under the sand of the stable;\n(c) the sand, whether natural or imported, being clean, coarse and free from dust;\n(d) footings to the stable or shelter being a minimum of 450 millimetres below ground level; and\n(e) the design of the stable allowing for the access of small earthmoving machinery, such as a skid\nsteer loader, into each stall to maintain the correct floor height.\n(3) An owner or occupier of any land upon which a stable or shelter is located must ensure that the\nstable or shelter complies in all respects with the requirements of subclause (1), and, where the\nlicence referred to in subclause (2) has been granted, with the requirements of subclause (2).\nDivision 2—Livestock\n4.11 Livestock not to stray\nThe owner or person in charge of livestock shall not permit that livestock to stray or to be at large in a\nthoroughfare, public place or upon private property without the consent of the property owner.\n4.12 Property to be fenced\nThe owner or occupier of property on which livestock is kept, shall cause the property or a portion of\nthe property to be fenced in a manner capable of confining the livestock, to that portion where the\nlivestock is kept.\nPART 5—BUILDING, DEVELOPMENT AND LAND CARE\n5.1 Application of this Part\nThis Part applies only within the townsites.\n\n8 March 2024 GOVERNMENT GAZETTE, WA 483\n5.2 Provision of refuse receptacles\nThe owner or occupier of a building site or development site shall at all times provide and maintain a\nrefuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of an\nauthorised person, of such design as will—\n(a) contain any refuse likely to be produced on the site; and\n(b) prevent refuse being blown from the receptacle by wind.\n5.3 Control of refuse\n(1) From the time of commencement of works on a building site or development site until the time of\ncompletion of such work, the owner or occupier of the site shall—\n(a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented\nfrom being blown from the site by wind;\n(b) keep the site free from any refuse;\n(c) maintain the verge, footpath and any other reserve, immediately adjacent to the site, free of\nrefuse from the site; and\n(d) ensure the refuse receptacle is emptied when full.\n(2) The owner or occupier of a building site or development site shall ensure that within 2 days of\ncompletion of works on the site—\n(a) the site and the verge and footpath immediately adjacent to it, is cleared of all refuse; and\n(b) all refuse receptacles are removed from the site.\n5.4 Prohibited activities for prevention of dust and liquid waste\n(1) An owner and occupier of land must take reasonable steps or measures to—\n(a) stabilise dust on the land;\n(b) contain all liquid waste on the land; and\n(c) ensure no dust or liquid waste is released or escapes from the land, whether by means of wind,\nwater or any other cause.\n(2) Where the local government forms the opinion that an owner or occupier has not complied with\nsubclause (1) the local government may give written notice requiring the owner or occupier to do\none or more of the following—\n(a) comply with subclause (1)(a) or (1)(b);\n(b) clean up and properly dispose of any released or escaped dust or liquid waste;\n(c) clean up and make good any damage resulting from the released or escaped dust or liquid\nwaste; and\n(d) take effective measures to stop any further release or escape of dust or liquid waste.\n(3) Where written notice is issued under subclause (2), the requirements of the notice must be complied\nwith in the period as is specified in the notice.\n(4) Where the local government forms the opinion that dust or liquid waste has escaped or has been\nreleased from an activity undertaken on land or as a consequence of the use of equipment on land,\nthe local government may give written notice requiring that the activity or use of equipment on the\nland be ceased immediately, for such period as is specified in the notice on—\n(a) any owner or occupier of the land; or\n(b) any operator of equipment on the land.\n(5) Where the local government is of the opinion that dust or liquid waste may be released or escape\nas a result of an activity which is likely to be carried out from any land, the local government may\ngive to the owner or occupier written notice providing that the activity may only be carried on\nsubject to conditions specified in the notice.\n5.5 Dust management\nIf an owner or occupier of land intends to undertake any work involving the clearing of land, from which\nany sand or dust is likely to be released whether by means of wind, water or any other cause, the local\ngovernment may require the owner, occupier or builder to—\n(a) submit a Dust Management Plan in accordance with the Department of Water and\nEnvironmental Management document “A guideline for managing the impacts of dust and\nassociated contaminants from land development sites, contaminated sites remediation and\nother related activities” (March 2011), or any updated version of this document; and\n(b) obtain written approval of the Dust Management Plan from an authorised person before\ncommencement of any work.\n5.6 Removal of refuse and disused materials\n(1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or\ndisused material of whatever nature or kind which in the opinion of the local government or an\nauthorised person is likely to give the lot an untidy appearance and does not conform with the\ngeneral appearance of other land in that particular part of the district.\n(2) The local government or an authorised person may give written notice to the owner or occupier of\na lot requiring the removal of refuse, rubbish or disused material from the lot within the time\nspecified in the notice.\n\n484 GOVERNMENT GAZETTE, WA 8 March 2024\n5.7 Removal of unsightly overgrowth of vegetation\n(1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth of\nvegetation that gives the lot an untidy appearance and does not conform with the general\nappearance of other land in that particular part of the district.\n(2) The local government or an authorised person may give written notice to the owner or occupier of\na lot requiring the removal of the overgrowth of vegetation within the time specified in the notice.\n5.8 Storage of vehicles, vessels and machinery\n(1) The owner or occupier of a lot shall not—\n(a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel or machinery\n(whether licensed or not) in a state of disrepair;\n(b) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery in a state\nof disrepair for a period in excess of 1 month;\n(c) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery parts\n(including tyres);\n(d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or machinery except\nwhere performed—\n(i) inside a building; or\n(ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of\nsuch a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery\nfrom the thoroughfare and from adjoining properties; or\n(e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.\n(2) Subclause (1) does not apply to land zoned industrial under a local planning scheme.\n5.9 Disposing of disused refrigerators or similar containers\nA person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or\nother similar article having a compartment which has a capacity of 0.04 cubic metres or more on any\nland without first—\n(a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or\n(b) rendering every door and lid incapable of being fastened.\nPART 6—NUISANCES AND DANGEROUS THINGS\n6.1 Application of this Part\nThis Part applies only within the townsites.\n6.2 Use of exterior lights\nAn owner or occupier of land on which floodlights or other exterior lights are erected or used, shall not\nallow the floodlights or other exterior lights to shine directly onto any other premises.\n6.3 Emission or reflection of light\nAn owner or occupier of land shall ensure that—\n(a) artificial light is not emitted or reflected from anything on the land so as to illuminate premises\noutside that land to more than 50 lux; and\n(b) natural light is not reflected from anything on the land so as to create or cause a nuisance to\nthe occupier of any other premises or to a person lawfully using a thoroughfare.\n6.4 Notice may require specified action to prevent emission or reflection of light\n(1) The local government may by written notice direct the owner or occupier to take such actions as an\nauthorised person considers necessary within the time specified in the notice where—\n(a) floodlights or other exterior lights shine directly onto any other premises;\n(b) artificial light is emitted or reflected from anything on the land so as to illuminate premises\noutside the land to more than 50 lux; or\n(c) natural light is reflected from anything on the land so as to create or cause a nuisance to the\noccupier of any other premises or to a person lawfully using a thoroughfare.\n(2) The notice referred to in subclause (1) may direct that—\n(a) floodlights or other exterior lights are used only during the hours specified in the notice;\n(b) the direction in which the lights shine be altered as specified in the notice;\n(c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or\n(d) any combination of these measures that the local government believes to be appropriate to the\ncircumstances.\n6.5 Burning rubbish, refuse or other material\n(1) A person shall not set fire to rubbish, refuse or other materials unless—\n(a) a licence has first been obtained from the local government;\n(b) the person demonstrates to the satisfaction of the local government that reasonable\nalternatives for the disposal of the rubbish, refuse or other material do not exist and the\npotential for pollution is low;\n\n8 March 2024 GOVERNMENT GAZETTE, WA 485\n(c) the material does not include any plastic, rubber, food scraps or other material likely to cause\nthe generation of smoke or odour in such quantity as to cause a nuisance to other persons;\n(d) a haze alert has not been issued by the Bureau of Meteorology for the period during which\nburning is to take place; and\n(e) the burning complies with the\nBush Fires Act 1954, any annual fire hazard reduction notice\nissued by the local government under that Act and any conditions of a licence as determined\nby the local government.\n(2) Subclause (1) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired\nwith dry paper, dry wood, synthetic char or charcoal type fuel.\n(3) Subclause (2) is subject to any fire danger rating as determined by the Bureau of Meteorology.\n6.6 Burning of cleared vegetation prohibited\nAn owner or occupier of any building or development site shall ensure that no vegetation or other\nmaterial cleared from the site is burnt on the site.\n6.7 Escape of smoke, fumes, odours and other emissions\nAn owner or occupier of land or premises shall not cause or permit the escape of smoke, fumes or odours\nfrom the land or premises in such quantity or of such a nature as to cause or to be a nuisance to any\nperson.\n6.8 Disposal of swimming pool backwash\n(1) The owner or occupier of land on which a swimming pool is constructed shall ensure that all\nbackwash is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance,\nor cause damage to any structures situated on adjacent land.\n(2) Subclause (1) shall not prevent the discharge of swimming pool backwash from a lot into a local\ngovernment approved stormwater drain or road by a method approved by an authorised person.\n6.9 Containment of stormwater\n(1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater received by\nany building, house, other structure or any paved or sealed or other surfaced areas including any\nvehicle access ways on the lot is contained within the lot and is not permitted to discharge onto or\nrun-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on\nadjacent land.\n(2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government\napproved stormwater drain or road.\n6.10 Amusements nuisance\nA person shall not, without written authorisation from the local government, provide or conduct any\namusement on land so as to create or be a nuisance to any owner or occupier of land in the district.\n6.11 Restrictions on feeding of birds\n(1) A person shall not feed a bird—\n(a) so as to cause a nuisance; or\n(b) with a food or substance that is not a natural food of a bird.\n(2) Where an authorised person forms the opinion that a person has not complied with subclause (1)\nthe authorised person may give the person written notice requiring the person to clean up and\nproperly dispose of any feed or waste products specified in the notice.\n6.12 Hazardous trees\n(1) Where a tree on a lot endangers any person or thing on adjoining land, the local government may\ngive written notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal\nwith that tree so as to make the tree safe.\n(2) Where a tree on a lot presents a serious and immediate danger to any person or thing, the local\ngovernment may take any remedial action it considers appropriate in order to make the tree safe\nwithout having given the owner or occupier written notice pursuant to subclause (1).\n(3) The local government reserves its right to recover any costs incurred by the local government for\nremedial action taken in terms of subclause (2).\nPART 7—VEHICLE NUISANCE\n7.1 Livestock vehicles\n(1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of 30\nminutes.\n(2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so as\nto create or be a nuisance to any person, by reason of the odour emanating from the vehicle.\n(3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1), then\nthe person does not contravene subclause (2).\n7.2 Truck noise from residential land\nA person shall not start or drive a truck on land zoned, approved or used for residential purposes\nbetween the hours of 10.30 pm and 6.30 am on the following day without first obtaining the written\nconsent of the local government.\n\n486 GOVERNMENT GAZETTE, WA 8 March 2024\nPART 8—LICENCES\n8.1 Application for licence\n(1) Where a person is required to obtain a licence under this local law, that person shall apply for the\nlicence in accordance with subclause (2).\n(2) An application for a licence under this local law shall—\n(a) be in the form determined by the local government;\n(b) be signed by the applicant;\n(c) provide the information required; and\n(d) be forwarded to the local government together with any set fee.\n(3) An authorised person may require an applicant to provide additional information reasonably\nrelated to an application before determining an application for a licence.\n(4) An authorised person may require an applicant to give public notice of the application for a licence.\n(5) An authorised person may refuse to consider an application for a licence which is not in accordance\nwith subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied.\n8.2 Decision on application for licence\n(1) An authorised person may—\n(a) approve an application for a licence unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a licence.\n(2) If an authorised person approves an application for a licence, written notice of approval is to be\nissued to the applicant.\n(3) If an authorised person refuses to approve an application for a licence, written notice of that refusal\nis to be given to the applicant.\n(4) An authorised person may, at any time, amend a condition of a licence and the amended condition\ntakes effect when written notice of it is given to the licence holder.\n8.3 General restrictions on grant of licence\n(1) An authorised person shall not grant a licence if there are reasonable grounds for believing that\nthe carrying on of the activity to which the application relates would constitute an unacceptable\nrisk to the safety of the public.\n(2) An authorised person shall not grant a licence unless satisfied that—\n(a) the applicant is capable of carrying on the activity in accordance with this local law and the\nterms and conditions of the licence;\n(b) the public place at which the activity is to be provided is suitable for that purpose;\n(c) a licence or similar authority granted or issued to the applicant has not been cancelled in the\nperiod of 5 years before the application is made; and\n(d) the applicant is considered to be a fit and proper person to carry on the activity.\n8.4 Amendment of licence\n(1) An authorised person may, by written notice given to the licence holder, amend a licence—\n(a) imposing any new condition; or\n(b) change or remove any existing condition.\n(2) An amendment may be made on application made by the licence holder or on the initiative of an\nauthorised person.\n(3) An amendment will come into effect on the day that written notice is given to the licence holder, or\nsome other date as specified in the notice.\n8.5 False or misleading statement\nA person shall not make a false or misleading statement in connection with an application in respect of\na licence under this local law.\n8.6 Compliance with conditions\nWhere an application for a licence has been approved subject to conditions, the licence holder shall\ncomply with each of those conditions, as amended.\n8.7 Duration of licence\nA licence is valid for one year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the licence; or\n(b) cancelled under this Division.\n8.8 Renewal of licence\n(1) A licence holder may apply to the local government for the renewal of a licence.\n(2) An application for renewal shall—\n(a) be in the form determined by the local government;\n(b) be signed by the licence holder;\n(c) provide the information required by the form;\n\n8 March 2024 GOVERNMENT GAZETTE, WA 487\n(d) be forwarded to the local government no later than 28 days before the expiry of the licence, or\nwithin a shorter period that the local government in a particular case permits; and\n(e) be accompanied by any set fee.\n(3) The provisions of this Part that apply to an application for a licence also apply to an application for\nthe renewal of a licence as though it were an application for a licence.\n8.9 Transfer of licence\n(1) An application for the transfer of a valid licence is—\n(a) to be made in writing;\n(b) to be signed by the licence holder and the proposed transferee of the licence;\n(c) to include such information as an authorised person may require to enable the application to\nbe determined; and\n(d) to be forwarded to the local government together with any set fee.\n(2) An authorised person may—\n(a) approve an application for the transfer of a licence;\n(b) approve the application subject to any conditions; or\n(c) refuse to approve the application.\n(3) Where an authorised person approves an application for the transfer of a licence, the transfer may\nbe effected by an endorsement on the licence signed by the authorised person.\n(4) Where an authorised person approves the transfer of a licence, the local government is not required\nto refund any part of any set fee paid by the former licence holder.\n8.10 Cancellation of licence\nA licence may be cancelled by an authorised person if—\n(a) the licence was obtained improperly;\n(b) the licence holder has persistently or frequently contravened a term or condition of the licence,\nor a provision of this local law; or\n(c) there are reasonable grounds for believing that the continued provision of the activity\nconstitutes or would constitute an unacceptable risk to the safety of the public.\n8.11 Surrender of licence\nA licence holder may, at any time by notice in writing to the local government, surrender the licence.\n8.12 Production of licence\nA licence holder shall produce to an authorised person her or his licence immediately after being\nrequired to do so by that authorised person.\n8.13 Production of licence document for amendment\nIf an authorised person amends or renews a licence, the licence holder shall, if required by an authorised\nperson, produce the licence document to the authorised person for amendment within the period\nspecified by the authorised person.\n8.14 Return of licence document if licence no longer in effect\n(1) The person who was the licence holder shall as soon as practicable return the licence document to\nthe local government if a licence—\n(a) has expired or has not been renewed;\n(b) has been cancelled; or\n(c) has been surrendered.\n(2) On the cancellation of a licence under clause 8.10 the licence holder is to be taken to have forfeited\nany fees paid in respect of the licence.\nPART 9—NOTICES\n9.1 Notice to remedy non-compliance\nWhere any thing is required to be done or not permitted to be done by this local law, an authorised\nperson may give written notice—\n(a) to the owner or the occupier of the property or property which abuts that portion of the\nthoroughfare where the thing has been done or not done; or\n(b) to any other person who may be responsible for the thing done or not done, requiring the person\nto comply with the requirements of this local law.\n9.2 Notice requirements\n(1) Written notice given under this Part shall—\n(a) be in writing;\n(b) given to the person referred to in clause 9.1;\n(c) specify the reason for giving the notice;\n(d) the action that is required to be undertaken; and\n(e) the time within which the work or action is to be undertaken.\n\n488 GOVERNMENT GAZETTE, WA 8 March 2024\n(2) At the discretion of the local government, the action that may be required to be undertaken is—\n(a) to take or cease such action as may be required for compliance with this local law;\n(b) reinstate the property or thing to the state it was in before the removal, damage or interference;\n(c) replace that property or thing; or\n(d) pay for the costs of reinstatement or replacement.\n9.3 Offence to fail to comply with notice\nA person who fails to comply with written notice given to him or her under this local law commits an\noffence.\n9.4 Local government may undertake requirements of notice\nIf a person fails to comply with written notice referred to in clause 9.1, the local government may—\n(a) do the thing specified in the notice, including replace the property, or reinstate the property to\nthe state it was in before the removal, damage or interference;\n(b) take whatever remedial action it considers appropriate to put the local government in the\nposition it would have been in if the breach or failure had not occurred; and\n(c) recover all costs from the person, as a debt.\n9.5 Entry into private land\nThis local law is subject to sections 3.25, 3.27 and schedules 3.1 and 3.2 of the\nLocal Government\nAct 1995 and any power of entry exercised by the local government under this local law is subject to\nPart 3, Division 3, Subdivision 3 of the Act.\nPART 10—OBJECTIONS AND APPEALS\n10.1 Objections and appeals\nDivision 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal,\ntransfer, amendment or cancellation of a licence or consent.\nPART 11—ENFORCEMENT\n11.1 Offences\nA person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n11.2 General penalty\nA person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding\n$5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each\nday or part of the day during which the offence has continued.\n11.3 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section\n9.16(1) of the Act.\n(2) The amount of a modified penalty for a prescribed offence is the number specified adjacent to the\nclause in Schedule 1.\n11.4 Form of infringement notices\n(1) For the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Regulations.\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\n————\n\n8 March 2024 GOVERNMENT GAZETTE, WA 489\nSchedule 1—Prescribed offences\n[clause 11.3]\nItem Clause Nature of offence\nModified\npenalty\n$\n1 2.2(a) Failure to keep premise free from excrement, filth, food waste and\nother matter likely to be offensive or injurious to health, attracts,\nvermin or insects\n250\n2 2.2(b) Failure to keep premises clean and disinfected when given written\nnotice\n250\n3 2.2(c) Failure to keep premises free of flies, or when given written notice,\nspray premises with residual insecticide or use other means to kill\nor repel flies\n250\n4 2.3 Failure to maintain adequate enclosures 250\n5 2.4(1) Keeping more than 3 cats without a licence 250\n6 2.5(1) Failure to keep cats in accordance with conditions of this local law 250\n7 3.1(1) Keeping more than the permitted number of poultry 250\n8 3.2(1) Keep, or permit to be kept, any poultry, not in accordance with\nconditions of this local law\n250\n9 3.3(1) Keep, or suffer to remain in a residential zone, a rooster, turkey,\ngoose or geese, peafowl or guinea fowl\n250\n10 3.4(1) Failure to keep pigeons in accordance with conditions of this local\nlaw\n250\n11 3.4(2) Failing to keep cages, enclosures and lofts maintained to\nminimum standard specified in the Code of Practice\n250\n12 3.5 Failing to prevent pigeons nesting or perching 250\n13 3.6 Failing to keep aviary birds in accordance with conditions of this\nlocal law\n250\n14 3.7 Keeping birds so as to create a nuisance 250\n15 4.3 Keeping a farm animal without a valid licence 250\n16 4.6 Failure to comply with the conditions for keeping farm animals 250\n17 4.7 Failure to keep farm animals in accordance with requirements of\nthis local law\n250\n18 4.8 Keeping a miniature horse on land without a licence 250\n19 4.9 Keeping a miniature pig on land without a licence 250\n20 4.10 Failure to provide or keep a shelter for farm animals in accordance\nwith this local law\n250\n21 4.11 Permitting livestock to stray, or be at large in a thoroughfare,\npublic place or private property without consent\n250\n22 4.12 Failing to keep property fenced in a manner capable of confining\nlivestock\n250\n23 5.2 Failure to provide or maintain a refuse receptacle on a building or\ndevelopment site\n500\n24 5.3 Failure to control refuse on a building or development site 500\n25 5.4 Release or escape of dust or liquid waste from land 500\n26 5.5 Commencing works involving clearing of land without an\napproved Dust Management Plan\n500\n27 5.8(1)(a) Storing, or allow to remain on land, more than one vehicle, vessel\nor machinery in a state of disrepair\n500\n28 5.8(1)(b) Storing, or allow to remain on land, any vehicle, vessel or\nmachinery in a state of disrepair for a period in excess of 1 month\n500\n29 5.8(1)(c) Storing, or allow to remain on land, any vehicle, vessel or\nmachinery parts (including tyres)\n500\n30 5.8(1)(d)(i) Wreck, dismantle or break up any vehicle part or body, vessel or\nmachinery not inside a building\n500\n31 5.8(1)(d)(ii) Wreck, dismantle or break up any vehicle part or body, vessel or\nmachinery not behind a sufficient fence or wall\n500\n32 5.8(1)(e) Wreck, dismantle or break up a vehicle, vessel or machinery so as\nto cause a nuisance\n500\n\n490 GOVERNMENT GAZETTE, WA 8 March 2024\nItem Clause Nature of offence\nModified\npenalty\n$\n33 6.5 Burning of cleared vegetation or other material from a building or\ndevelopment site\n500\n34 8.5 Making a false or misleading statement 500\n35 9.3 Failure to comply with written notice 250\n36 11.1 Offence not elsewhere specified 250\nDated 22 February 2024.\nThe Common Seal of the Shire of West Arthur was affixed by authority of a resolution of Council in the\npresence of—\nNEIL MORRELL, President.\nVINCENT FORDHAM LAMONT, Chief Executive Officer.\nMARINE/MARITIME\nMA401\nPORT AUTHORITIES ACT 1999\nPORT AUTHORITIES (DESCRIPTION OF PORT OF ASHBURTON) ORDER 2024\nMade under the\nPort Authorities Act 1999 section 24(2) by the Governor in Executive Council.\n1. Citation\nThis order is the\nPort Authorities (Description of Port of Ashburton) Order 2024.\n2. Commencement\nThis order comes into operation as follows—\n(a) clauses 1 and 2—on the day on which this order is published in the\nGazette;\n(b) the rest of the order—on 18 March 2024.\n3. Terms used\nIn this order—\nDeposited Plan 426197 means version 1 of the deposited plan of that number held by the WA\nLand Information Authority;\nDeposited Plan 401881 means version 2 of the deposited plan of that number held by the WA\nLand Information Authority; and\nWA Land Information Authority means the Western Australian Land Information Authority\nestablished by the\nLand Information Authority Act 2006 section 5.\n4. Port of Ashburton described\nThe Port of Ashburton consists of –\n(a) the area of land depicted as the Land Area shaded green on Deposited Plan 426197;\n(b) the area of seabed and water depicted as the Seabed and Water Area shaded blue on Deposited\nPlan 426197; and\n(c) the area of land comprised by Lot 501 on Deposited Plan 401881.\n5. Order revoked\nThe\nPort Authorities (Description of Port of Ashburton) Order (No. 2) 2014 is revoked.\nVIV MOLAN, Clerk of the Executive Council.\n\n8 March 2024 GOVERNMENT GAZETTE, WA 491\nMINERALS AND PETROLEUM\nMP401\nMINING ACT 1978\nAPPLICATION FOR AN ORDER FOR FORFEITURE\nDepartment of Energy, Mines, Industry Regulation and Safety,\nPerth WA 6004.\nIn accordance with Regulation 49(2)(c) of the\nMining Regulations 1981, notice is hereby given that the\nfollowing licences are liable for forfeiture under the provision of Section 96(1)(a) of the\nMining Act 1978\nfor non / late payment of rent.\nWARDEN CLEARY.\n————\nTo be heard by the Warden at Perth on 15 March 2024.\nSOUTH WEST MINERAL FIELD\nMiscellaneous Licences\nL 70/81 Direct Contracting Pty Ltd\nL 70/102 Rule, Glenn Frederick\nRule, Justin Kimberley\nWARBURTON MINERAL FIELD\nMiscellaneous Licences\nL 69/28 Kalium Lakes Infrastructure Pty Ltd\nL 69/29 Kalium Lakes Infrastructure Pty Ltd\nL 69/31 Kalium Lakes Potash Pty Ltd\nL 69/32 Kalium Lakes Potash Pty Ltd\nL 69/34 Kalium Lakes Potash Pty Ltd\n———————————\nMP402\nMINING ACT 1978\nAPPLICATION FOR AN ORDER FOR FORFEITURE\nDepartment of Energy, Mines, Industry Regulation and Safety,\nMeekatharra WA 6642.\nIn accordance with Regulation 49(2)(c) of the\nMining Regulations 1981, notice is hereby given that the\nfollowing licence is liable to forfeiture under the provision of Section 96(1)(a) of the\nMining Act 1978 for\nbreach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-\ncompliance with the reporting provisions.\nWARDEN McPHEE.\n————\nTo be heard by the Warden in Perth on 24 April 2024.\nMURCHISON MINERAL FIELD\nProspecting Licences\nP 51/3207 Lister, Steven Robert\nCole, Matthew Eric\n———————————\n\n492 GOVERNMENT GAZETTE, WA 8 March 2024\nMP403\nMINING ACT 1978\nAPPLICATION FOR AN ORDER FOR FORFEITURE\nDepartment of Energy, Mines, Industry Regulation and Safety,\nMeekatharra WA 6642.\nIn accordance with Regulation 49(2)(c) of the\nMining Regulations 1981, notice is hereby given that the\nfollowing licences are liable for forfeiture under the provision of Section 96(1)(a) of the\nMining Act 1978\nfor late payment of rent.\nWARDEN McPHEE.\n————\nTo be heard by the Warden in Perth on 24 April 2024.\nMURCHISON MINERAL FIELD\nProspecting Licences\nP 51/3111 Selga, Mark\nP 51/3216 Lawes, Simon John\nPLANNING\nPL401\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Cockburn\nLocal Planning Scheme No. 3\n—Amendment No. 159\nRef: TPS/3098\nIt is hereby notified for public information, in accordance with section 87 of the\nPlanning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Cockburn Local Planning\nScheme amendment on 26 February 2024 for the purpose of—\n1. Introducing a ‘Development’ zone over the ‘No Zone’ portions of Verde Drive, as depicted on the\nScheme Amendment Map (Proposal #1).\n2. Reclassifying land associated with the intersection of Jandakot, Solitaire and Fraser Roads\nfrom the ‘Resource’ zone to a ‘Local Road’ reservation, as depicted on the Scheme Amendment\nMap (Proposal #2).\n3. Reclassifying Lot 133 Waugh Court and Lot 58 Yates Court, North Lake from a ‘Parks &\nRecreation’ reserve to the ‘Residential’ (R20) zone, as depicted on the Scheme Amendment Map\n(Proposal #3).\n4. Reclassifying portions of Lots 140 and 141 Empress Crescent, Atwell and Lots 100 (Strata Plan\n25648) and 101 Haring Green, Atwell from a ‘Local Road’ reserve to the ‘Residential’ (R20)\nzone, as depicted on the Scheme Amendment Map (Proposal #4).\n5. Reserving various land parcels in Bibra Lake, as ‘Parks & Recreation’, ‘Lakes & Drainage’,\n‘Local Road’ or ‘Public Purpose—Water Corporation’, based on their existing tenure, as depicted\non the Scheme Amendment Map (Proposal #5).\n6. Reserving various land parcels in Success, as ‘Parks & Recreation’, ‘Lakes & Drainage’ and\n‘Local Road’, based on their existing tenure, as depicted on the Scheme Amendment Map\n(Proposal #6).\n7. Rezoning portion of Lot 1 Malata Crescent (Strata Plan 55779) ‘Residential’(R160), and\nreserving various land parcels in Success, as ‘Parks & Recreation’, ‘Lakes & Drainage’, ‘Local\nRoad’, ‘Public Purpose—Telstra’ and ‘Public Purpose—Water Corporation’ based on their\nexisting tenure, as depicted on the Scheme Amendment Map (Proposal #7).\nL. HOWLETT, Mayor.\nD. SIMMS, Chief Executive Officer.\n———————————\n\n8 March 2024 GOVERNMENT GAZETTE, WA 493\nPL402\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED TOWN PLANNING SCHEME AMENDMENT\nCity of Cockburn\nTown Planning Scheme No. 3\n—Amendment No. 164\nRef: TPS/3103\nIt is hereby notified for public information, in accordance with section 87 of the\nPlanning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Cockburn Town Planning\nScheme amendment on 26 February 2024 for the purpose of—\n1. Rezoning various lots within ‘Development Area 8’ and ‘Development Area 9’ from\n‘Development’ to ‘Residential (R20)’, Residential (R25)’, ‘Residential (R30)’, ‘Residential (R40)’,\n‘Residential (R60)’, ‘Residential (R80)’, ‘Local Centre’, ‘Mixed Use’ and ‘Mixed Business’ as\ndepicted on the Scheme Amendment Map.\n2. Reclassifying land within ‘Development Area 8’ and ‘Development Area 9’ from the\n‘Development’ zone to a local reserve for ‘Parks and Recreation’, ‘Lakes and Drainage’, ‘Public\nPurpose (Primary School)’ and ‘Local Road’ as depicted on the Scheme Amendment Map.\n3. Reducing the extent of the ‘Development Area 8’ and ‘Development Area 9’ special control area\nboundaries, as depicted on the Scheme Amendment Map.\nL. HOWLETT, Mayor.\nD. SIMMS, Chief Executive Officer.\n———————————\nPL403\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED TOWN PLANNING SCHEME AMENDMENT\nCity of Cockburn\nTown Planning Scheme No. 3\n—Amendment No. 168\nRef: TPS/3106\nIt is hereby notified for public information, in accordance with section 87 of the\nPlanning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Cockburn Town Planning\nScheme amendment on 26 February 2024 for the purpose of—\n1. Reclassifying land within the ‘Development Area 14’ from the ‘Residential’ zone to a local\nreserve for ‘Parks and Recreation’, ‘Lakes and Drainage’ or ‘Local Road’, as depicted on the\nScheme Amendment Map.\n2. Modifying ‘Table 9—Development Areas’ of the Scheme Text, by deleting Provision 3 as it\nrelates to DA 14.\n3. Reducing the extent of the ‘Development Area 14’ (DA14) special control area boundary, as\ndepicted on the Scheme Amendment Map.\n4. Rezoning various lots within ‘Development Area 36’ from ‘Development’ to ‘Residential (R20),\n‘Residential (R30), Residential (R40) and ‘Residential (R60)’, as depicted on the Scheme\nAmendment Map.\n5. Reclassifying land within ‘Development Area 36’ from the ‘Development’ zone to a local reserve\nfor ‘Parks and Recreation’ or ‘Local Road’, as depicted on the Scheme Amendment Map.\n6. Deleting ‘Development Area 36’ (DA36) entirely, from within ‘Table 9—Development Areas’ of\nthe Scheme Text, and the Scheme Map.\nL. HOWLETT, Mayor.\nD. SIMMS, Chief Executive Officer.\n———————————\nPL404\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Busselton\nLocal Planning Scheme No. 21\n—Amendment No. 55\nRef: TPS/3015\nIt is hereby notified for public information, in accordance with section 87 of the\nPlanning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Busselton Local Planning\nScheme amendment on 26 February 2024 for the purpose of—\n(a) Inserting ‘Special Provision Area No. 76’ to read as follows –\n\n494 GOVERNMENT GAZETTE, WA 8 March 2024\nNo Particulars of Land Zone Special Provisions\nSP76 As identified on the\nScheme map\nUrban\nDevelopment\n1. In addition to the information to be\nincluded in a structure plan outlined in\nClause 16 of the Deemed Provisions and\nspecified in the Leeuwin-Naturaliste\nSub Regional Strategy for this area, the\nstructure plan is to set out the\nfollowing—\ni. Measures to retain, manage, and\nenhance environmental values\nassociated with the Special\nProvision Area including remnant\nvegetation, potential fauna habitat,\necological linkages, and wetlands.\nii. Measures to provide linkages and\nconnectivity with contiguous areas\nof remnant vegetation on land\nadjoining the Special Provision\nArea.\nii. Management measures to ensure\nhabitat functions within the\nSpecial Provision area are\nmaintained and, where possible,\nenhanced.\niv. Provision of vegetated buffers to\nensure visual screening and\nseparation of development from\nmain roads adjoining the Special\nProvision Area.\nv. Measures to provide for the safe\nand efficient movement of\npedestrians and cyclists to, from,\nand within the Special Provision\nArea, including crossings of main\nroads adjoining the Special\nProvision Area.\n2.\ni. All development on land or lots\naffected by coastal inundation\nrequires prior development\napproval of the local government.\nii. All habitable development on land\nor lots affected by coastal\ninundation is to have a minimum\nfinished floor level of 3.0 metres\nAHD.\niii. A notification on title advising of\ncoastal hazard risk is to be applied\nas a condition of subdivision or\ndevelopment, for all land or lots\naffected by coastal inundation.\nb) Amending the Scheme Map by—\n(i) replacing the ‘Rural’ and ‘Conservation’ zones over Lots 4, 12 and 402 Caves Road and\nLots 14 and 15 Bussell Highway, Abbey with the ‘Urban Development’ zone;\nand\n(ii) amending the boundary of the Landscape Value Area to align with the west, south and\neast boundaries of Lot 4 Caves Road, Abbey.\nP. CRONIN, Mayor.\nT. NOTTLE, Chief Executive Officer.\n\n8 March 2024 GOVERNMENT GAZETTE, WA 495\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 D. A. Templeman MLA to act temporarily in the office of Minister for Emergency Services;\nInnovation and the Digital Economy; Science; Medical Research; Minister Assisting the Minister\nfor State and Industry Development, Jobs and Trade in the absence of the Hon S. N. Dawson MLC\nfor the period 29 February to 13 March 2024 (both dates inclusive).\nE. ROPER, Director General, Department of the Premier and Cabinet.\n———————————\nPR402\nDEPUTY OF THE GOVERNOR NOTICE (NO. 2) 2024\nGiven under the\nLetters Patent relating to the office of Governor of the State of Western Australia\ndated 14 February 1986 clause XXI.\n1. Citation\nThis notice is the\nDeputy of the Governor Notice (No. 2) 2024.\n2. Appointment of the deputy of the Governor\n1) Under the\nLetters Patent relating to the office of Governor of the State of Western Australia dated\n14 February 1986 clause XVI, the Governor has appointed the Lieutenant-Governor, the\nHonourable Chief Justice Peter Damien Quinlan, to be the deputy of the Governor and in that\ncapacity to perform and exercise all of the powers and functions of the Governor for the period\n6 May 2024 to 10 May 2024 (both dates inclusive).\nDIRECTOR GENERAL, Department of the Premier and Cabinet.\nPUBLIC NOTICES\nZZ401\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nNotice to Janine Lucy Morrison\nMarlene Helen Morrison died in July 2016 in Kalgoorlie. Marlene’s daughter, Janine Lucy Morrison,\nborn 21 January 1970, is a beneficiary of the Estate under the\nAdministration Act 1903 (WA).\nThe Public Trustee holds the entitlement of Janine Lucy Morrison. The Public Trustee invites contact\nfrom Janine Lucy Morrison, and if she is deceased, any person claiming through her, such as her\nexecutor, administrator or children. Further, contact is welcomed from any person with information\nabout Janine Lucy Morrison or her whereabouts.\nPlease contact the Public Trustee by telephone on 0892226582 by email to TM86@justice.wa.gov.au or\nby post to GPO Box M946 Perth WA 6843. Quote reference number 33159406.\nIf Janine Lucy Morrison does not make contact within 2 months from the date of this advertisement,\nthen her entitlement will be distributed to the remaining beneficiaries of the Estate, and the claim of\nJanine Lucy Morrison or any person entitled to claim through her will be disregarded.\n———————————\n\n496 GOVERNMENT GAZETTE, WA 8 March 2024\nZZ402\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nEstate of Beris Athlea Shepherdson, late of 8 Nix Street Boyup Brook, Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 (WA) relates)\nin respect of the estate of the above-named deceased, who died on the 20th January 2024, are required\nby the Executor, Steven Hagan to send the particulars of their claims to him at 30 Charlottes Vista,\nEllenbrook, Western Australia, 6069, 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\nhe then has notice.\n———————————\nZZ403\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nTerence Roy Dix, late of 2653 Donnybrook Boyup Brook Road, Mumballup, Western Australia,\ndeceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the Estate of the deceased, who died on the 3 June 2023, are required by the executors\nCynthia Ellen Dix and Jonathon James Dix to send the particulars of their claims c/- 27 Venn Street\nWest, Collie, Western Australia 6225 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\nWilliam David Snaith and Pauline Lilian Snaith, both late of 25A Solquest Way, Cooloongup, WA,\ndeceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the estate of William David Snaith, who died 29/04/2022, and Pauline Lilian Snaith, who\ndied on 08/02/2017 are required by the trustee of the late William David Snaith and Pauline Lilian\nSnaith, c/- Mountains Lawyers, PO Box 5379, Rockingham Beach WA 6969 to send particulars of their\nclaims to the trustee within 30 days of this notice, after which date the trustee may convey or distribute\nthe assets, having regard only to the claims of which the trustee then has notice.\nMOUNTAINS LAWYERS PTY LTD, Solicitors for the Trustee.\nPh: (08) 9592 7326.\n———————————\nZZ405\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nValerie Patricia Green, late of 95 Lakelands Road, Greenfields, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the estate of the deceased, who died 17th December 2023 are required by the trustee, of Nola\nLesley Ellis, of 5 Carnarvon Way, Erskine to send particulars of their claims to her within one (1) month\nfrom the date of publication of this notice, after which date the trustee may convey or distribute the\nassets, having regard only to the claims of which she then has notice.\n———————————\n\n8 March 2024 GOVERNMENT GAZETTE, WA 497\nZZ406\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nEstate of Judith Elisabeth Hammond Parry, late of 13 Norfolk Street, Dunsborough in the State of\nWestern Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the estate of the above-named deceased, who died on the 14th day of December 2023, are\nrequired by the Executor, being Mr Andrew Parry, to send particulars of their claims to him at PO Box\n305, Maylands WA, 6931, by the date being one month following the publication of this notice, after\nwhich date the Executor may convey or distribute the assets, having regard only to claims of which he\nthen has notice.\n———————————\nZZ407\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nKar Teng Chew, late of Canning Vale, Western Australia, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the estate of the deceased, who died on 3 September 2021, are required by the Executor, PO\nBox 5293, Canning Vale South, Western Australia 6155, to send particulars of their claims to the\nExecutor within one (1) month from the date of publication of this notice, after which date the Executor\nmay convey or distribute the assets, having regard only to the claims of which they then have notice.\n———————————\nZZ408\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nRyan Matthew Kennedy, late of 13A Changton Way, Westminster, Western Australia, Operations\nManager, deceased.\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962, relates) in\nrespect of the estate of the deceased who died on or before 5 July 2022 are required by the Administrator\nAshley Alysse Smith of care of Birman & Ride, Level 3, 16 Irwin Street, Perth WA 6000 to send\nparticulars of their claims to her by the date being one month from the date of publication of this notice\nafter which date the administrator may convey or distribute the assets having regard only to the claims\nof which she then has notice.\n———————————\nZZ409\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nCreditors and other persons having claims (to which Section 63 of the\nTrustees Act 1962 relates) in\nrespect of the Estates of the undermentioned deceased persons are required to send particulars of their\nclaims to me on or before 8 April 2024 after which date I may convey or distribute the assets, having\nregard only to the claims of which I then have notice.\nBullock, Peter (also known as Peter James Bullock), formerly of Selby Lodge, 6 Lemnos Street, Shenton\nPark and Saint Luke’s Nursing Home, 429 Rokeby Road, Shenton Park, late of Hall & Prior\nLeighton Aged Care Home, 40 Florence Street, West Perth, who died on 13 January 2024\n(DE33037891 EM36).\nCampbell, Maria, late of Brightwater South Lake Aged Care, 62 Bloodwood Circle, South Lake, who\ndied on 18 July 2023 (PM33042787 EM27).\nCrimp, Paul Santo, late of James Brown Care Centre, 171 Albert Street, Osborne Park, who died on\n29 October 2023 (DE19981545 EM14).\nEdwards, Pamela June, late of 43 Alexander Road, Rivervale, who died on 4 February 2024\n(DE19881328 EM110).\n\n498 GOVERNMENT GAZETTE, WA 8 March 2024\nFraser, Pamela Winifred, late of Menora Gardens Aged Care, 51 Alexander Drive, Menora, who died\non 28 January 2024 (DE19651689 EM13).\nGriffin, Murray Joseph, late of Unit 36, 99 Burslem Drive, Maddington, who died on 21 December 2023\n(DE19690437 EM22).\nGroves, Alan Edward (also known as Allan Groves), formerly of Opal Aged Care Geraldton, 159-161\nFitzgerald Street, Geraldton, late of Opal Aged Care Armadale, 21 Angelo Street, Armadale, who\ndied on 2 February 2024 (PM33183957 EM214).\nMalone, Winifred (also known as Win Malone), late of Roshana Gwen Hardie Aged Care, 67 Mermaid\nAvenue, Emu Point, who died on 5 February 2024 (DE33092209 EM14).\nMitchell, Shirley May, late of Amana Living St Francis Court, Unit 122, 34 Robinson Street Inglewood,\nwho died on 9 December 2022 (DE33088375 EM23).\nWhite, Matilda (also known as Anne White), late of Coolibah Aged Care, 30 Third Avenue, Mandurah,\nwho died on 1 November 2023 (PM33174330 EM214).\nWorthington, Neil Dare, late of Rowethorpe Uniting Church Home, 4-10 Hayman Road, Bentley, who\ndied on 1 December 2023 (DE19650130 EM16).\nBRIAN ROCHE, Public Trustee,\n553 Hay Street, Perth WA 6000.\nTelephone: 1300 746 212.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The local law confines its powers to those conferred by the Local Government Act 1995 and the Cat Act 2011 and explicitly applies throughout the Shire (cl.1.3). Several provisions are limited to townsites (Parts 4, 5, 6, 7). The text contains no statement that it extends beyond or narrows the enabling Acts’ authorities; it operates as a district‑level regulatory instrument setting standards, licences and enforcement within the statutory delegation."},"complexity_factors":["Multiple cross‑references to State laws and regulations (Local Government Act 1995; Cat Act 2011; Building Act 2011; Planning and Development Act 2005; Environmental Protection Act 1986; Food Act 2008) increasing interpretative complexity (see cl.1.4 defns and Preamble references).","Extensive defined terms section with nuanced definitions that affect application (cl.1.4 and Part 1 definitions).","Layered licence regime with varied application, approval, renewal, transfer, amendment and cancellation processes and discretionary powers for authorised persons (Part 8, cl.8.1–8.14).","Differentiated geographic scope: district‑wide application with several Parts limited to townsites (cl.1.3; Parts 4, 5, 6, 7 note townsite limits), requiring place‑specific compliance.","Technical, prescriptive standards and minimum distances for enclosures, shelters, setbacks and construction (e.g. cl.2.5, cl.3.2, cl.4.6, cl.4.10) that create compliance and inspection burdens.","Detailed enforcement architecture: written notices, remedial powers, entry subject to Act provisions, prescribed offences with modified penalties and criminal penalties up to $5,000 plus daily fines (Part 9; Part 11, cl.11.2–11.4; Schedule 1).","Discretionary exemptions and conditions (e.g. exemptions from cat limits, affiliated pigeon allowances, and Law permitting variation applications) produce case‑by‑case decision‑making (cl.2.4–2.5; cl.3.1(2); cl.8.2).","Administrative obligations on applicants (plans, dust management plans, manure management plans, set fees) introduce documentary and procedural compliance requirements (cl.4.4; cl.5.5; cl.8.1).","Interaction with external technical codes (Code of Practice—Pigeon Keeping) and standards that are incorporated by reference (cl.1.4 defn; cl.3.4(2)).","Overlap of civil nuisance law concepts (definition of nuisance, tort references) with regulatory offences creating mixed legal pathways for dispute resolution and enforcement (cl.1.4 defn of nuisance; Part 11)."],"plain_english_summary":"This local law prescribes rules for animals, birds, farm animals, waste, dust, land tidiness and nuisance activities across the Shire of West Arthur (cl.1.3). It limits numbers of cats, poultry and pigeons, requires licences and fees for certain animals and activities, sets technical standards (distances, enclosures, manure handling) and creates inspection, notice and penalty powers enforced by authorised persons including the CEO (defns; cl.8.1; Part 11). Owners pay set fees and must change behaviour to comply with licence conditions and written notices."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This appears to be a consolidated or updated local law that maintains the traditional scope of local government animal and nuisance control. The title 'Animals, Environment and Nuisance' accurately reflects the content covering animal keeping, environmental protection (dust, waste, stormwater), and nuisance prevention (noise, light, unsightly premises). There is no evidence of significant scope creep beyond typical local government regulatory functions."},"complexity_factors":["Length: Approximately 11 Parts and 36 clauses plus a Schedule, spanning multiple pages of detailed regulatory text.","Defined terms: 40+ defined terms in Part 1.4 alone, including complex definitions like 'nuisance' which incorporates common law tort concepts.","Zoning-dependent rules: Many restrictions vary based on whether land is residential, commercial, industrial, rural residential, or rural zone, requiring cross-referencing with planning schemes.","Nested exceptions: Multiple layers of exemptions and variations (e.g., clause 2.4 has 7 separate exemptions from the cat limit; clause 4.6 has tiered conditions for farm animals).","Cross-references: Heavy reliance on external legislation including the Local Government Act 1995, Cat Act 2011, Planning and Development Act 2005, Building Act 2011, Food Act 2008, Bush Fires Act 1954, and Environmental Protection Act 1986.","Measurement-specific requirements: Numerous precise spatial requirements (e.g., 9 metres from buildings, 15 metres from thoroughfares, 0.50 square metres per cat, 1:50 floor gradients).","Dual liability: Joint and several liability imposed on 'owner or occupier' for many offences (clause 1.4(3)).","Conditional licensing regime: Complex application, renewal, transfer, amendment, and cancellation procedures in Part 8 with fit and proper person tests and public notice requirements."],"plain_english_summary":"This local law for the Shire of West Arthur sets rules on keeping animals, managing environmental impacts and preventing nuisances across the district, replacing earlier local laws. It affects residents, property owners, animal keepers, builders/developers and businesses in townsites such as Darkan and Duranillin.\n\nIt limits numbers and housing standards for cats, birds and farm animals, controls dust, waste, stormwater, burning, noise and light, and empowers officers to enforce compliance with notices, fines and penalties to protect health, amenity and safety."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-west-arthur-animals-environment-and-nuisance-local-law-2024","history":"/api/acts/shire-of-west-arthur-animals-environment-and-nuisance-local-law-2024/history","analysis":"/api/acts/shire-of-west-arthur-animals-environment-and-nuisance-local-law-2024/analysis","conflicts":"/api/acts/shire-of-west-arthur-animals-environment-and-nuisance-local-law-2024/conflicts","importantCases":"/api/acts/shire-of-west-arthur-animals-environment-and-nuisance-local-law-2024/important-cases","documents":"/api/acts/shire-of-west-arthur-animals-environment-and-nuisance-local-law-2024/documents"}}