Parking and Parking Facilities Amendment Local Law 2017
!2017183GG! 4877 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, TUESDAY, 19 SEPTEMBER 2017 No. 183 PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT CONTENTS PART 1 Page Child Care Services (Child Care) Amendment Regulations 2017 ........................................... 4881 Health (Asbestos) Amendment Regulations 2017 .................................................................... 4882 Health Regulations Amendment (Public Health Consequential Amendments) Regulations 2017 .................................................................................................................... 4883 Public Health (Consequential Provisions) Act 2016 Commencement Proclamation (No. 2) 2017 ............................................................................................................................. 4880 Public Health Act 2016 Commencement Proclamation (No. 2) 2017 ...................................... 4879 Shire of Broome—Parking and Parking Facilities Amendment Local Law 2017 ................... 4886 Supreme Court (Fees) Amendment Regulations 2017 ............................................................. 4885 ——— PART 2 Consumer Protection ................................................................................................................. 4893 Deceased Estates ....................................................................................................................... 4907 Education ................................................................................................................................... 4894 Fire and Emergency Services .................................................................................................... 4894 Justice......................................................................................................................................... 4896 Local Government ...................................................................................................................... 4897 Marine/Maritime ........................................................................................................................ 4901 Parliament.................................................................................................................................. 4902 Planning ..................................................................................................................................... 4902 Police .......................................................................................................................................... 4905 Racing, Gaming and Liquor....................................................................................................... 4906 Water .......................................................................................................................................... 4907
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19 September 2017 GOVERNMENT GAZETTE, WA 4879 — PART 1 — PROCLAMATIONS AA101 Public Health Act 2016 Public Health Act 2016 Commencement Proclamation (No. 2) 2017 Made under the Public Health Act 2016 section 2(c) by the Governor in Executive Council.
- Citation This proclamation is the Public Health Act 2016 Commencement Proclamation (No. 2) 2017.
- Commencement The Public Health Act 2016 Part 2 (other than Divisions 1 to 4), Parts 3, 4, 9, 11 to 13, 15 and 16, Part 19 Divisions 3 and 4 and Part 20 section 321 come into operation on the day after the day on which this proclamation is published in the Gazette. K. SANDERSON, Governor. L.S. R. COOK, Minister for Health. Note: The Public Health Regulations 2017 (other than Part 1) come into operation on the day on which the Public Health Act 2016 Part 9 comes into operation. ———————————
4880 GOVERNMENT GAZETTE, WA 19 September 2017 AA102 Public Health (Consequential Provisions) Act 2016 Public Health (Consequential Provisions) Act 2016 Commencement Proclamation (No. 2) 2017 Made under the Public Health (Consequential Provisions) Act 2016 section 2(1)(c) by the Governor in Executive Council.
- Citation This proclamation is the Public Health (Consequential Provisions) Act 2016 Commencement Proclamation (No. 2) 2017.
- Commencement The provisions of the Public Health (Consequential Provisions) Act 2016 specified in paragraphs (a) and (b) come into operation on the day after the day on which this proclamation is published in the Gazette — (a) Part 4 Division 1, Division 2 section 207, Division 3 sections 212 and 213, Division 10 (other than sections 239 and 241), Divisions 12 to 14 and Division 16 sections 272 and 274; (b) Part 5 Division 1 sections 277, 278(1) and 279(1), Division 2, Division 4 sections 284 and 285(1), Divisions 6, 9, 10, 13, 18 and 20, Division 25 (other than section 334), Division 26 and Division 28 (other than section 343(2)). K. SANDERSON, Governor. L.S. R. COOK, Minister for Health. Note: The Health Regulations Amendment (Public Health Consequential Amendments) Regulations 2017 (other than Part 1) come into operation on the day on which the Public Health (Consequential Provisions) Act 2016 section 206 comes into operation. ———————————
19 September 2017 GOVERNMENT GAZETTE, WA 4881 HEALTH HE301 Child Care Services Act 2007 Child Care Services (Child Care) Amendment Regulations 2017 Made by the Governor in Executive Council.
- Citation These regulations are the Child Care Services (Child Care) Amendment Regulations 2017.
- Commencement These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.
- Regulations amended These regulations amend the Child Care Services (Child Care) Regulations 2006.
- Regulation 97 amended In regulation 97(4): (a) delete “Communicable Disease — Guidelines for Teachers, Local Authorities and Child Care Centres” and insert: Communicable disease guidelines — For teachers, child care workers, local government authorities and medical practitioners (b) delete “Health (Miscellaneous Provisions) Act 1911.” and insert: Public Health Act 2016. N. HAGLEY, Clerk of the Executive Council. ———————————
4882 GOVERNMENT GAZETTE, WA 19 September 2017 HE302 Health (Miscellaneous Provisions) Act 1911 Health (Asbestos) Amendment Regulations 2017 Made by the Governor in Executive Council.
- Citation These regulations are the Health (Asbestos) Amendment Regulations 2017.
- Commencement These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.
- Regulations amended These regulations amend the Health (Asbestos) Regulations 1992.
- Regulation 8 amended In regulation 8(3) delete “appeal in writing against the notice to the Chief Health Officer who may uphold, revoke, or amend the notice.” and insert: apply to the State Administrative Tribunal for a review of the direction in the notice.
- Regulation 15D amended Delete regulation 15D(7) and insert: (7) A local government may delegate a power or duty conferred or imposed on it by this regulation to the chief executive officer of the local government. N. HAGLEY, Clerk of the Executive Council. ———————————
19 September 2017 GOVERNMENT GAZETTE, WA 4883 HE303 Cremation Act 1929 Health (Miscellaneous Provisions) Act 1911 Health Regulations Amendment (Public Health Consequential Amendments) Regulations 2017 Made by the Governor in Executive Council. Part 1 — Preliminary
- Citation These regulations are the Health Regulations Amendment (Public Health Consequential Amendments) Regulations 2017.
- Commencement These regulations come into operation as follows — (a) Part 1 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day on which the Public Health (Consequential Provisions) Act 2016 section 206 comes into operation. Part 2 — Blood and Tissue (Transmissible Diseases) Regulations 1985 amended
- Regulations amended This Part amends the Blood and Tissue (Transmissible Diseases) Regulations 1985.
- Regulation 2A deleted Delete regulation 2A.
- Regulation 2 amended (1) In regulation 2(1) insert in alphabetical order: therapeutic use means a use for the purpose of — (a) preventing, diagnosing, curing or alleviating a disease, ailment, defect or injury in persons; (b) influencing, inhibiting or modifying a physiological process in persons; (c) testing susceptibility to a disease or ailment in persons.
4884 GOVERNMENT GAZETTE, WA 19 September 2017 (2) In regulation 2(1) in the definition of blood delete “blood.” and insert: blood; Note: The heading to amended regulation 2 is to read: Terms used 6. Regulation 7 amended In regulation 7 delete the passage that begins with “penalty of” and continues to the end of the regulation and insert: penalty of a fine of $1 000. Part 3 — Cremation Regulations 1954 amended 7. Regulations amended This Part amends the Cremation Regulations 1954. 8. Regulation 17 amended In regulation 17 delete “1911.” and insert: 1911 or the Public Health Act 2016. Part 4 — Health (Notification of Lead Poisoning) Regulations 1985 amended 9. Regulations amended This Part amends the Health (Notification of Lead Poisoning) Regulations 1985. 10. Regulation 6 amended (1) In regulation 6(1) in the definition of required information paragraph (b) delete “poisoning.” and insert: poisoning; (2) In regulation 6(1) insert in alphabetical order: responsible pathologist, of a pathology laboratory, means the pathologist responsible for the day-to-day operations of the pathology laboratory.
19 September 2017 GOVERNMENT GAZETTE, WA 4885 Part 5 — Health (Public Buildings) Regulations 1992 amended 11. Regulations amended This Part amends the Health (Public Buildings) Regulations 1992. 12. Regulation 54 amended In regulation 54(1) delete “regulations by” and insert: regulations, an N. HAGLEY, Clerk of the Executive Council. JUSTICE JU301 Supreme Court Act 1935 Supreme Court (Fees) Amendment Regulations 2017 Made by the Governor in Executive Council.
- Citation These regulations are the Supreme Court (Fees) Amendment Regulations 2017.
- Commencement These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.
- Regulations amended These regulations amend the Supreme Court (Fees) Regulations 2002.
4886 GOVERNMENT GAZETTE, WA 19 September 2017 4. Regulation 9 amended (1) In regulation 9(1) insert in alphabetical order: entry fee means the fee referred to in Schedule 1 Division 1 item 4; (2) In regulation 9(3)(a) delete “certificate of readiness; or” and insert: entry for trial and notice of trial referred to in the Rules Order 33 rule 4; or (3) In regulation 9(5) delete “fees must be paid when the fee referred to in Schedule 1 Division 1 item 4” and insert: fee must be paid when the entry fee (4) In regulation 9(5)(b) delete “certificate of readiness.” and insert: entry for trial and notice of trial referred to in the Rules Order 33 rule 4. (5) In regulation 9(6) delete “immediately” and insert: within the period of 7 days starting on the day N. HAGLEY, Clerk of the Executive Council. LOCAL GOVERNMENT LG301 LOCAL GOVERNMENT ACT 1995 Shire of Broome PARKING AND PARKING FACILITIES AMENDMENT LOCAL LAW 2017 Under the powers conferred by the Local Government Act 1995, and under all other powers enabling it, the Council of the Shire of Broome resolved on 27 July 2017 to make the following local law.
- Citation This local law is the Shire of Broome Parking and Parking Facilities Amendment Local Law 2017.
- Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.
19 September 2017 GOVERNMENT GAZETTE, WA 4887 3. Principal local law amended This local law amends the Shire of Broome Parking and Parking Facilities Local Law 2012 as published in the Government Gazette on 31 July 2012. 4. Clause 1.3 amended In clause 1.3— (a) in the definition for carriageway in item (b) insert “and” at the start, then delete the words “of those”; (b) in the definition for owner delete “that” and insert “the” prior to the words Road Traffic Act; (c) amend the definition for public place to read “public place means any thoroughfare or local government property”; (d) in the definition for sign delete “reserve” and insert “local government property”; (e) in the definition for thoroughfare delete “and includes” and insert “including parking areas,”; (f) in the definition for ticket issuing machine delete “shall be” and insert “is”; and (g) insert the definition for local government property in alphabetical order— “local government property means anything— (a) which belongs to, is owned by or is under the care, control and management of the local government; (b) which is an “otherwise unvested facility within section 3.53 of the Act; or (c) of which the local government is a management body under the Land Administration Act 1997;” 5. Local Law Amendment The clauses listed in the first column of Table 1 are amended in the manner specified in the second column. Table 1—Amended Clauses Clause Amendment 1.9 Delete “shall” and insert “must” 2.2(1) 2.2(3) 2.2(4) 2.3 2.5 2.7 2.8(1) 3.1(1) 3.1(2) 3.1(4) 3.2 3.3(a) 3.3(b) 3.4(2) 3.5(3) 3.5(4) 3.5(5) 3.5(6) 3.5(7) 3.6 3.7(2) 3.8(1) 3.8(2) 3.9 3.10(2) 3.10(3) 4.1(2)
4888 GOVERNMENT GAZETTE, WA 19 September 2017 Clause Amendment 4.1(3) Delete “shall” and insert “must” 5.1 5.1(1) 5.1(2) 5.3 5.4 6.1 6.2(1) 6.3 6.4(1) 6.4(2) 6.5(1) 6.6(1) 6.7(1) 6.8 6.9(1) 6.10(1) 6.10(2) 6.11 6.12(1) 6.13 6.14 7.1 7.2 7.6(1) 6. Clause 1.5 amended In clause 1.5(2) delete “shall have” and replace with “has”. 7. Clause 1.6 amended 1.6 is amended as follows— (a) in clause 1.6 delete subclause (4); (b) in clause 1.6(5) delete “and 5”. 8. Clause 1.7 amended Clause 1.7 is amended as follows— (a) In clause 1.7(1)(b) delete “shall” and insert “is”; and (b) In clause 1.7(2) delete “shall be” and insert “is”. 9. Clause 2.1 amended In clause 2.1(2) delete “shall” and insert “will”. 10. Clause 2.5 amended Clause 2.5 is amended to delete “there has been paid” and insert “has been paid”. 11. Clause 2.6 amended In clause 2.6 delete “to be”. 12. Clause 2.8 amended In clause 2.8 in clause 2.8(2) delete “no person shall” and insert “a person must not”. 13. Clause 3.1 amended Clause 3.1(3) is amended as follows— (a) delete the words “A person shall not park a motorcycle without a side car or a trailer, or a bicycle in a parking stall unless the stall is marked “M/C” and insert “A person must not park a motorcycle without a sidecar or a trailer, or a bicycle in a parking stall not marked “M/C”, except where there are no stalls marked “M/C” within 500 metres of the parking stall; and 14. Clause 3.3 amended Clause 3.3 is amended as follows— (a) in clause 3.3 delete “indicates”; (b) in clause 3.3 delete “where the parking area is” and insert “then”;
19 September 2017 GOVERNMENT GAZETTE, WA 4889 (c) in clause 3.3(a) at the start of the text insert “where the parking area is”; and (d) in clause 3.3(b) insert “where the parking area is”. 15. Clause 3.5 amended Clause 3.5 is amended as follows— (a) in clause 3.5(3)(c) delete “drive” and insert “driveway” on both occasions; and (b) in clause 3.5 (3)(g) insert— “Example Parallel parking—minimum distance from other vehicles and dividing strip In the example, the vehicles marked with an “X’ are parked in contravention of clause 3.5(3).” (c) In clause 3.5(3)(k) insert— “Example Measurement of distance—T-intersection without traffic lights” (d) in clause 3.5(5)(b) insert— “Example 1 Measurement of distance—children’s crossing
4890 GOVERNMENT GAZETTE, WA 19 September 2017 Example 2 Measurement of distance—pedestrian crossing” (e) in clause 3.5(6) insert— “Example Measurement of distance—level crossing” 16. Clause 3.10 amended Clause 3.10 is amended as follows— (a) in sub clause (1)(a) delete “which belongs to the local government “ and replace with insert “which is local government property” and “property”; (b) delete clause 3.10(b); and (c) delete clause 3.10(c). 17. Clause 3.11 amended In clause 3.11 delete “reserves” and insert “local government property”. 18. Clause 6.2 amended In clause 6.2(2)(b) insert— “Examples Example 1 In example 1, the vehicle “B” is stopped in contravention of clause 6.2(1). Example 2 In example 2, the angle parked vehicles are not stopped in contravention of this clause.”
19 September 2017 GOVERNMENT GAZETTE, WA 4891 19. Clause 6.4 amended In clause 6.4(1)(b) insert— “Example Stopping on a bridge where the carriageway on the bridge is narrower than on an approach In the example the vehicle is stopped in contravention of clause 6.4(1).” 20. Clause 6.6 amended In clause 6.6(1)(b) insert— “Examples Fire hydrant indicators Fire plug indicator 21. Clause 6.8 amended In clause 6.8 delete “path” and insert “footpath”. 22. Clause 6.9 amended In clause 6.9(3) delete “path” and insert “footpath” 23. Clause 6.10 amended Clause 6.10 is amended as follows— (a) In the heading delete “path” and insert “footpath”; (b) in clause 6.10(1) delete “path” and insert “footpath”; and (c) in clause 6.10(2)(b) insert— “Example Blocking a driveway In the example, the vehicle marked with an ‘X’ is stopped in contravention of clause 6.10(2).”
4892 GOVERNMENT GAZETTE, WA 19 September 2017 24. Clause 6.12 amended Clause 6.12 is amended as follows— (a) in clause 6.12(2) delete “mitigates”; and (b) in clause 6.12(2) insert “affects or overrides”, “in this local law” and “other”. 25. Clause 8.1 amended In clause 8.1(3) delete “shall” and insert “will”. 26. Clause 8.2 amended Clause 8.2 is amended as follows— (a) in clause 8.2(a) delete “that of”; (b) in clause 8.2(b) delete “that of”; and (c) in clause 8.2(c) delete “that of”. ———— Dated: 12 September 2017. The Common Seal of the Shire of Broome was affixed under the authority of a resolution of Council in the presence of— H. TRACEY, Acting Shire President. S. MASTROLEMBO, Chief Executive Officer. ———————————
19 September 2017 GOVERNMENT GAZETTE, WA 4893 — PART 2 — CONSUMER PROTECTION CP401 RETAIL TRADING HOURS ACT 1987 RETAIL TRADING HOURS (CITY OF KALGOORLIE-BOULDER) RACE ROUND VARIATION ORDER 2017 Made by the Minister for Commerce and Industrial Relations under section 12E of the Act.
- Citation This order is the Retail Trading Hours (City of Kalgoorlie-Boulder) Race Round Variation Order 2017.
- Commencement This order comes into operation as follows— (a) clauses 1 and 2—on the day on which this order is published in the Gazette; (b) the rest of the order—on the day after that day.
- Variation of retail trading hours General retail shops, other than motor vehicle shops, in the Kalgoorlie-Boulder local government district are authorised to be open at times when those shops would otherwise be required to be closed— (a) on the day specified in the Table; and (b) during the hours specified for that day in the Table. Table Day Hours Sunday 24 September 2017 from 8.00 am until 12.00 noon
- Part disapplication This order does not affect the operation of the Retail Trading Hours (Burt Street Precinct, Boulder) Exemption Order 2001. W. JOHNSTON, Minister for Commerce and Industrial Relations. ——————————— CP402 RETAIL TRADING HOURS ACT 1987 RETAIL TRADING HOURS (CITY OF KALGOORLIE-BOULDER) CHRISTMAS VARIATION ORDER 2017 Made by the Minister for Commerce and Industrial Relations under section 12E of the Act.
- Citation This order is the Retail Trading Hours (City of Kalgoorlie-Boulder) Christmas Variation Order 2017.
- Commencement This order comes into operation as follows— (a) clauses 1 and 2—on the day on which this order is published in the Gazette; (b) the rest of the order—on the day after that day.
- Variation of retail trading hours General retail shops, other than motor vehicle shops, in the Kalgoorlie-Boulder local government district are authorised to be open at times when those shops would otherwise be required to be closed— (a) on each day specified in the Table; and (b) during the hours specified for that day in the Table.
4894 GOVERNMENT GAZETTE, WA 19 September 2017 Table Day Hours Sunday 10 December 2017 from 10.00 am until 3.00 pm Sunday 17 December 2017 from 10.00 am until 3.00 pm Sunday 24 December 2017 from 10.00 am until 3.00 pm Tuesday 26 December 2017 from 10.00 am until 3.00 pm 4. Relationship to standing orders (a) This order does not affect the operation of the Retail Trading Hours (Burt Street Precinct, Boulder) Exemption Order 2001. (b) This order has effect despite the Retail Trading Hours (City of Kalgoorlie-Boulder) Variation Order (No. 2) 2015. W. JOHNSTON, Minister for Commerce and Industrial Relations. EDUCATION ED401 EDITH COWAN UNIVERSITY ACT 1984 EDITH COWAN UNIVERSITY COUNCIL (APPOINTMENT OF MEMBER) INSTRUMENT 2017 Made by the Governor in Executive Council under Section 9(1)(a) of the Edith Cowan University Act 1984. Citation
- This is the Edith Cowan University Council (Appointment of Member) Instrument 2017. Appointment of member
- Mr John Raymond Cahill is appointed as member of the Edith Cowan University Council for a third term of office commencing on the date of his appointment and expiring on 8 August 2020. Dated this 12th day of September 2017. N. HAGLEY, Clerk of the Executive Council. FIRE AND EMERGENCY SERVICES FE401 BUSH FIRES ACT 1954 BUSH FIRES (RESTRICTED BURNING TIMES) AMENDMENT NOTICE (NO. 3) 2017 Made by the FES Commissioner of the Department of Fire and Emergency Services under section 18(2) of the Bush Fires Act 1954.
- Citation This notice is the Bush Fires (Restricted Burning Times) Amendment Notice (No. 3) 2017.
- Commencement This notice comes into operation as follows— (a) clauses 1 and 2—on the day on which this notice is published in the Gazette; (b) the rest of the notice—on the day after that day.
- The notice amended The amendments in this notice are to the Bush Fires (Restricted Burning Times) Notice 2012*. [* Published in Gazette 3 February 2012, p. 615-619.]
- Schedule 1 amended Schedule 1 is amended by deleting all references to the restricted burning times for the Shire of Exmouth and inserting the following instead— Restricted Burning Time Zone of the State 1 January 31 December Shire of Exmouth WAYNE GREGSON APM, FES Commissioner of the Department of Fire and Emergency Services.
19 September 2017 GOVERNMENT GAZETTE, WA 4895 FE402 BUSH FIRES ACT 1954 BUSH FIRES (RESTRICTED BURNING TIMES) AMENDMENT NOTICE (NO. 4) 2017 Made by the FES Commissioner of the Department of Fire and Emergency Services under section 18(2) of the Bush Fires Act 1954.
- Citation This notice is the Bush Fires (Restricted Burning Times) Amendment Notice (No. 4) 2017.
- Commencement This notice comes into operation as follows— (a) clauses 1 and 2—on the day on which this notice is published in the Gazette; (b) the rest of the notice—on the day after that day.
- The notice amended The amendments in this notice are to the Bush Fires (Restricted Burning Times) Notice 2012*. [* Published in Gazette 3 February 2012, p. 615-619.]
- Schedule 1 amended Schedule 1 is amended by deleting all references to the restricted burning times for the Shire of Waroona and inserting the following instead— Restricted Burning Time Zone of the State 1 November 25 April Shire of Waroona WAYNE GREGSON APM, FES Commissioner of the Department of Fire and Emergency Services. ——————————— FE403 BUSH FIRES ACT 1954 BUSH FIRES (PROHIBITED BURNING TIMES) AMENDMENT NOTICE (NO.4) 2017 Made by the FES Commissioner of the Department of Fire and Emergency Services under section 17(1) of the Bush Fires Act 1954.
- Citation This notice is the Bush Fires (Prohibited Burning Times) Amendment Notice (No. 4) 2017.
- Commencement This notice comes into operation as follows— (a) clauses 1 and 2—on the day on which this notice is published in the Gazette; (b) the rest of the notice—on the day after that day.
- The notice amended The amendments in this notice are to the Bush Fires (Prohibited Burning Times) Notice 2012*. [* Published in Gazette 3 February 2012, p. 610-615.]
- Schedule 1 amended Schedule 1 is amended by deleting all references to the prohibited burning times for the Shire of Waroona and inserting the following instead— Prohibited Burning Time Zone of the State 15 December-28 February Shire of Waroona WAYNE GREGSON APM, FES Commissioner of the Department of Fire and Emergency Services, as a delegate of the Minister under section 15 of the Fire and Emergency Services Act 1998. ——————————— FE404 BUSH FIRES ACT 1954 BUSH FIRES (RESTRICTED BURNING TIMES) AMENDMENT NOTICE (NO. 5) 2017 Made by the FES Commissioner of the Department of Fire and Emergency Services under section 18(2) of the Bush Fires Act 1954.
- Citation This notice is the Bush Fires (Restricted Burning Times) Amendment Notice (No. 5) 2017.
4896 GOVERNMENT GAZETTE, WA 19 September 2017 2. Commencement This notice comes into operation as follows— (a) clauses 1 and 2—on the day on which this notice is published in the Gazette; (b) the rest of the notice—on the day after that day. 3. The notice amended The amendments in this notice are to the Bush Fires (Restricted Burning Times) Amendment Notice 2016 No. 4*. [* Published in Gazette 29 July 2016, p. 3219-3220.] 4. Schedule 1 amended Schedule 1 is amended by deleting all references to the restricted burning times for the Shire of Coolgardie and inserting the following instead— Restricted Burning Time Zone of the State 1 October-30 April Shire of Coolgardie WAYNE GREGSON APM, FES Commissioner of the Department of Fire and Emergency Services. ——————————— FE405 BUSH FIRES ACT 1954 APPOINTMENTS Fire Weather Officers Correspondence No. 06870-02 Department of Fire and Emergency Services. The following persons have been appointed as Fire Weather Officers for the Shire of Murray in accordance with the Bush Fires Act 1954— James Nicholson Camplin—Fire Weather Officer Donna Elizabeth Walker—Deputy Fire Weather Officer WAYNE GREGSON APM, FES Commissioner. 12 September 2017. JUSTICE JU401 PRISONS ACT 1981 PERMIT DETAILS Pursuant to the provisions of section 15P of the Prisons Act 1981, the Department of Corrective Services has revoked the following Permits to do High-Level Security Work— Surname Other Names Permit No. Revocation Date Cavanagh Sharon PA0193 14/09/2017 Ferguson Jade PA0015 14/09/2017 Hyde Richard Donald AP0610 14/09/2017 This notice is published under section 15P of the Prisons Act 1981. SUE HOLT, A/Director Procurement & Contracted Services. 14 September 2017.
19 September 2017 GOVERNMENT GAZETTE, WA 4897 LOCAL GOVERNMENT LG401 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960 City of Mandurah APPOINTMENT It is hereby notified for public information that Simon Allingham has been appointed a Ranger and Pound Keeper pursuant to Part XX, Section 449 of the Local Government (Miscellaneous Provisions) Act 1960. MARK R NEWMAN, Chief Executive Officer. ——————————— LG402 BUSH FIRES ACT 1954 Shire of Merredin APPOINTMENTS It is hereby notified that the following persons are appointed as Shire of Merredin Bush Fire Control Officers under the Bush Fires Act 1954, Part IV Division 1 Section 38. Chief Bush Fire Control Officer—Stephen Crook (Shire of Merredin) Deputy Chief Bush Fire Control Officer—John Flockart (Shire of Merredin) Bush Fire Control Officers— Neil Smith (Nukarni/Nokanning Bush Fire Brigade) Michael Caughey (Nurkani/Nokanning Bush Fire Brigade) Joseph Alvaro (Nukarni/Nokanning Bush Fire Brigade) John Goodier (Korbelka Bush Fire Brigade) Chris Hooper (Korbelka Bush Fire Brigade) Cam Gethin (Hines Hill Bush Fire Brigade) Colin Miller (Hines Hill Bush Fire Brigade) Chris Barnett (Burracoppin Bush Fire Brigade) Stephen Higgins (Collgar Bush Fire Brigade) Glen Crees (Collgar Bush Fire Brigade) David Beck (South Burracoppin Bush Fire Brigade) Neil Edgecombe (South Burracoppin Bush Fire Brigade) Darren Major (Muntadgin Bush Fire Brigade) Paul Wanless (Muntadgin Bush Fire Brigade) Kim Friis (Merredin Area, Shire of Merredin) As Fire Weather Officers pursuant to Part IV Division 1 Section 38(8)— North East—Chris Barnett South East—Neil Edgecombe North—Neil Smith South West—Chris Hooper Central—Stephen Crook South—Paul Wanless West—Cam Gethin The Shire of Merredin appoints the following Bush Fire Control Officers as Dual Fire Control Officers pursuant to Part IV Division 1 Section 40 of the Bush Fires Act 1954— Cam Gethin (Shire of Merredin/Shire of Kellerberrin) Colin Miller (Shire of Merredin/Shire of Kellerberrin) Michael Caughey (Shire of Merredin/Shire of Nungarin) Neil Smith (Shire of Merredin/Shire of Nungarin) All previous appointments are cancelled. G. POWELL, Chief Executive Officer.
4898 GOVERNMENT GAZETTE, WA 19 September 2017 LG403 LOCAL GOVERNMENT ACT 1995 Shire of Waroona Shire of Murray APPOINTMENTS It is hereby notified for public information that the following persons have been appointed as Rangers in the districts of the Shire of Waroona and Shire of Murray— Adrianus Marinus Eppen Andrew John Church Chloe Nancy Blackwell Donna Elizabeth Walker Katie Rebecca Leigh Rachel Tegan Allan Robert Stephen Marlborough Ronald Milton Bruce Porter Terrence Dennis Lamey to exercise powers, as a— Poundkeeper and Ranger pursuant to Part XX of the Local Government (Miscellaneous Provisions) Act 1960; Bush Fire Control Officer pursuant to s.38(1) of the Bush Fires Act 1954; Authorised Person / Registration Officer pursuant to s.29(1) of the Dog Act 1976; and to exercise powers as an Authorised Person / Officer, pursuant to— Part 3, Division 3, Subdivision 4 and Part 9, Division 2 of the Local Government Act 1995; s.59(3) of the Bush Fires Act 1954; s.17(1) of the Caravan Parks and Camping Grounds Act 1995; s.48 of the Cat Act 2011; s.38(3) of the Control of Vehicles (Off-road Areas) Act 1978; s.20(1) of the Criminal Procedure Act 2004; s.26(1) of the Litter Act 1979; Local Government (Parking for People with Disabilities) Regulations 2014; All Shire of Murray Local Laws, excepting Health Local Laws 1999; All Shire of Waroona Local Laws, excepting Health Local Laws 2001. All previous Ranger appointments published are hereby revoked. IAN CURLEY, Chief Executive Officer, Shire of Waroona. DEAN UNSWORTH, Chief Executive Officer, Shire of Murray. ——————————— LG404 BUSH FIRES ACT 1954 City of Swan APPOINTMENTS It is hereby advised that the following persons are appointed as City of Swan Bush Fire Control Officers under the Bush Fires Act 1954, Part IV Division 1 Section 38. Deputy Chief Bush Fire Control Officers— (1) Sean Corbin (East Gidgegannup VBFB) (2) John Mangini (West Gidgegannup VBFB) Bush Fire Control Officers— Carol James (City of Swan) Marri Uusimaki (City of Swan) Darren Dove (City of Swan) Rowan Scott (City of Swan) Alice Strange (City of Swan) Jo Vinci (City of Swan) Bryon Jones (City of Swan) Tony Panicciari (City of Swan) Patrick Heydon (City of Swan) Bradley McCarthy (City of Swan) Russell Morecroft (City of Swan) Letizia Ludewig (City of Swan) Grace Campbell (City of Swan) Cherese Green (City of Swan) Jackie Strelein (City of Swan) Nathan Tenni (City of Swan) Wayne Birss (East Swan VBFB) David Churn (East Swan VBFB) Ronald McPherson (East Swan VBFB) *Nigel Sutton (East Swan VBFB) Mark Smith (West Gidgegannup VBFB) Beau Algeri (West Gidgegannup VBFB) Joe Nistico (West Gidgegannup VBFB) Neal Pennison (West Gidgegannup VBFB) Laurie Garcia (East Gidgegannup VBFB) Alisdair McCrudden (East Gidgegannup VBFB) Phil Corbin (East Gidgegannup VBFB) Vince Pullella (East Gidgegannup VBFB) *Shane Attwood (East Gidgegannup VBFB) Russell Bom (Bullsbrook VFES) Adrian Goh (Bullsbrook VFES) Greg Lang (Bullsbrook VFES)
19 September 2017 GOVERNMENT GAZETTE, WA 4899 Magnus Ohman (City of Swan) Debbie Screen (City of Swan) Richard Daniel (City of Swan) Garth West (Bullsbrook VFES) *Brian Davis (Bullsbrook VFES) Warwick Young (Bullsbrook VFES) *Chris Unstead (Bullsbrook VBFB) Michael Teraci (West Swan VBFB) Rudolph James (West Swan VBFB) Phillip Davey (West Swan VBFB)
- denotes restricted role as FCO ( ) denotes brigade represented. CANCELLATIONS: All other previous appointments. By order of the Council, MICHAEL FOLEY, Chief Executive Officer. ——————————— LG501 BUSH FIRES ACT 1954 City of Perth FIREBREAK NOTICE 2017-2018 Notice to all owners and/or occupiers of land within the City of Perth Pursuant to the powers contained in Section 33 of the Bush Fires Act 1954, you are hereby required, on or before 1 November 2017 or within 14 days of becoming the owner or occupier after 30 September 2017 and thereafter up to and including 30 April 2018, to remove from the land owned or occupied by you, all flammable matter from the whole of the land, except living trees, shrubs and plants under cultivation and lawns, in accordance with this notice. If, for any reason, an owner and/or occupier consider it impractical to clear the land or to comply with other fire protection measures in accordance with this notice, the owner and/or occupier may apply in writing to the City no later than 30 September in any year for a variation. If permission is not granted in writing by the City or its authorised officer, the owner and/or occupier must comply with the requirements of this notice. Any variation granted by the City will apply only for a single Firebreak Period. A variation granted by the City shall only remain in force until 30 April in the following year. The penalty for failing to comply with this notice is a fine, not exceeding $5,000 and a person in default is also liable, whether prosecuted or not, to pay the cost of performing the work directed in this notice if it is not carried out by the owner or occupier by the date required by this notice. By order of the City of Perth, MARTIN MILEHAM, Chief Executive Officer. ——————————— LG502 BUSH FIRES ACT 1954 Shire of Corrigin FIREBREAK ORDER 2017/2018 Pursuant to the powers contained in Section 33 of the Bush Fires Act 1954, you are hereby required to install firebreaks clear of all flammable material or take alternative approved measures, and to undertake fuel hazard reduction measures before 31 October 2017 and thereafter maintain free of all inflammable material until 15 April 2018.
- RURAL LAND 1.1 Mineral earth firebreaks of not less than 2.44 metres (8 feet) in width must be constructed along and within 20 metres of all external boundaries of the property owned or occupied by you. If any portion of the land adjoins a public road or railway line, a firebreak must also be constructed along that boundary. 1.2 Property in excess of 250 hectares shall have fire mineral earth firebreaks positioned as necessary to divide land into areas not exceeding 250 hectares each completely surrounded by a mineral earth firebreak. 1.3 Clear and maintain mineral earth firebreaks at least 2.44 metres (8 feet) wide within 20 metres of the perimeter of any building or group of buildings, fuel tanks, hayshed or haystack, in such a manner as to fully encircle the structure/s. In addition to mineral earth Firebreaks, a 20 metre wide low fuel zone is required to be maintained around any building or group of buildings, fuel tanks, hayshed or haystack. Low fuel means the removal of inflammable material, dead trees, leaf litter and trash and the removal of dead branches to a height of 1.5 metres from live standing trees. Grass is to be slashed to a height not exceeding 100mm. 1.4 During any period when harvesting operations are being conducted, there shall be provided an operational mobile firefighting unit with a minimum capacity of 500 litres of water located in or
4900 GOVERNMENT GAZETTE, WA 19 September 2017 immediately adjacent to the paddock being harvested. The responsibility to supply the unit is that of the landowner/occupier. 2. TOWN SITES 2.1 Where the area of the land is 0.2 hectares (one half of one acre) or less, you shall clear all inflammable material on the land from the whole of the land. 2.2 Where the area of the land exceeds 0.2 hectares (one half of one acre), you shall clear of all inflammable material, mineral earth Firebreaks not less than 2.44 metres (8 feet) wide immediately inside all external boundaries of the land, and also immediately surrounding all buildings, haystacks and fuel ramps situated on the land, and also immediately surrounding any drums or drums situated on the land which are normally used for the storage of fuel, whether they contain fuel or not. 3. GENERAL PROVISIONS The term “inflammable Material” or the purpose of this notice includes bush (as defined in the Bush Fires Act 1954), timber, boxes, cartons, paper, and the like inflammable materials, rubbish and any combustible matter, but does not include buildings, green standing trees and bushes or growing bushes or plants in gardens or lawns. If it is considered to be impractical for any reason to provide mineral earth firebreaks in the position or adhere to the provisions required by this notice, the written approval of Council or a duly authorised officer must be obtained to prepare such mineral earth firebreaks in an alternative position. If permission is not granted by Council or a duly authorised officer you shall comply with the requirements of this order. The term “mineral earth firebreak” means an area of the owner(s)/occupiers(s) land, cleared and maintained totally clear of all vegetation material (living or dead) so there is only mineral earth left. The term “harvesting/Total Movement Ban” includes harvesting and the movement of vehicles in paddocks, except vehicles carrying water to stock. Contractors carting lime, gypsum or fertilizer are allowed to enter into paddocks to unload at any time that there is a “Harvest/Total Movement Ban” in place on the condition that a manned fire unit with at least 500 litres of water is in attendance. 4. HARVEST/MOVEMENT OF VEHICLES BANS A ban on harvesting and the movement of vehicles in paddocks (except for the watering of stock) is likely to be imposed when the predicted weather conditions are classified by the Bureau of Meteorology as very high or extreme. Harvesting is not permitted on Christmas Day and New Year’s Day. 5. ADDITIONAL RESPONSIBILITIES AND PENALTIES Persons who fail to comply with the requirements of this Order may be fined up to $5000. In addition, Council can arrange for the required work to be carried out at the cost of the owner or occupier. Gas or electric barbecues ONLY are permitted during Prohibited Burning Periods. No solid fuel or wood barbecues allowed. Camping and Cooking fires are prohibited during the prohibited and restricted burning periods unless a valid permit has been issued by the Chief Bush Fire Control Officer. A Permit to Burn must be obtained during Restricted Burning Periods. Permits are generally subject to a number of conditions but are NOT valid for burning on Sundays or Public Holidays or during Easter when Easter falls within the restricted burning period, unless approved by the Chief Bush Fire Control Officer. Prior to any burning, you are required to notify your neighbours, Fire Control Officer and the Shire of Corrigin. Besides being responsible for the safety of your own property, if a fire escapes from your property you may be liable to pay compensation for any damage caused outside of your property—this could be very costly. Public infrastructure must not be placed in a manner that results in an above-ground encroachment into the firebreak area. Trees must not be planted in a manner that results in vegetation encroaching into the firebreak area. 6. BURNING PERIODS RESTRICTED BURNING PERIOD—Permit to burn required from a Fire Control Officer from 19 September 2017 to 31 October 2017; from 16 February 2018 to 15 April 2018. NO BURNING PERMITTED (INCLUDING CAMP FIRES)—From 1 November 2017 to 15 February 2018. 7. FIRE CONTROL OFFICERS Shire of Corrigin Fire Control Officers are authorised to issue permits to burn on private land during the Restricted Burning Period. Fire Control Officers are also empowered to enter land and issue directives relating to fire suppression and control. CHIEF BUSH FIRE CONTROL OFFICER—Greg Evans DEPUTY CHIEF BUSH FIRE CONTROL OFFICERS—Andrew Szczecinski and Steven Bolt FIRE CONTROL OFFICERS— Sandow Jacobs, Bruce Mills, Steven Bolt, Paul McBeath, Andrew Szczecinski, Greg Evans, Greg Doyle, Craig Jesperson, Bryce Nicholls, Ray Hathaway, Tony Guinness, John Hewett, Braden Grylls, Tim George, Kim Courboules, Bruce Talbot, Garrick Connelly, Adam Rendell and Rob Paull Dated: 11 September 2017. ROB PAULL, Chief Executive Officer.
19 September 2017 GOVERNMENT GAZETTE, WA 4901 MARINE/MARITIME MA401 WESTERN AUSTRALIAN MARINE ACT 1982 NAVIGABLE WATERS REGULATIONS 1958 PROHIBITED SWIMMING AREA Perth Waters, Swan River Department of Transport, Fremantle WA, 19 September 2017. Acting pursuant to the powers conferred by Regulation 10A (b) of the Navigable Waters Regulations 1958, I hereby declare the following area to be a swimming prohibited area for the times stated— Swan River Area of Closure:—All the waters between the Narrows Bridge and Elizabeth Quay North of the marked navigational channel bounded by a line commencing at navigation marker located at 31°57.734′S, 115°50.955′E, thence to navigational marker located at 31°57.650′S, 115°51.159′E. (approximately 355 metres north east), thence to navigation marker located at 31°57.624′S, 115°51.290′E. (approximately 215 metres east) thence to navigational marker located at 31°57.599′S, 115°51.310′E. (approximately 55 metres north east), thence to the south western corner of Elizabeth Quay, (approximately 90 metres due north) thence in a westerly direction along the foreshore to the intersection of the shoreline adjacent to the point of commencement. 10:00 AM to 6:00 PM on Friday 22 and Saturday 23 September 2017 10:00 AM to 5:00 PM on Sunday 24 September 2017 10:00 AM to 4:00 PM on Monday 25 September 2017 This area is set aside for the running of aquatic activities associated with the Perth International Boat Show 2017. CHRISTOPHER J. MATHER, Director of Waterways Safety Management, Department of Transport. ——————————— MA402 WESTERN AUSTRALIAN MARINE ACT 1982 NAVIGABLE WATERS REGULATIONS 1958 WATER SKI AREA Perth Waters, Swan River Department of Transport, Fremantle WA, 19 September 2017. Acting pursuant to the powers conferred by Regulation 48A of the Navigable Waters Regulations 1958, I hereby declare the following area to be a water ski area for the times stated— Swan River All the waters between the Narrows Bridge and Elizabeth Quay North of the marked navigational channel bounded by a line commencing at navigation marker located at 31°57.734′S, 115°50.955′E, thence to navigational marker located at 31°57.650′S, 115°51.159′E. (approximately 355 metres north east), thence to navigation marker located at 31°57.624′S, 115°51.290′E. (approximately 215 metres east) thence to navigational marker located at 31°57.599′S, 115°51.310′E. (approximately 55 metres north east), thence to the south western corner of Elizabeth Quay, (approximately 90 metres due north) thence in a westerly direction along the foreshore to the intersection of the shoreline adjacent to the point of commencement. 10:00 AM to 6:00 PM on Friday 22 and Saturday 23 September 2017 10:00 AM to 5:00 PM on Sunday 24 September 2017 10:00 AM to 4:00 PM on Monday 25 September 2017 Providing however this area is only set aside for the running of water skiing activities associated with the Perth International Boat Show 2017. CHRISTOPHER J. MATHER, Director of Waterways Safety Management, Department of Transport.
4902 GOVERNMENT GAZETTE, WA 19 September 2017 PARLIAMENT PA401 PARLIAMENT OF WESTERN AUSTRALIA Royal Assent to Bill It is hereby notified for public information that the Governor has Assented in the name and on behalf of Her Majesty the Queen, on the dates shown, to the undermentioned Act passed by the Legislative Council and the Legislative Assembly during the First Session of the Fortieth Parliament. Title of Act Date of Assent Act No. Statutes (Minor Amendments) Act 2017 12 September 2017 6 of 2017 NIGEL PRATT, Clerk of the Parliaments. 13 September 2017. PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 APPROVED TOWN PLANNING SCHEME AMENDMENT City of Rockingham Town Planning Scheme No. 2—Amendment No. 160 Ref: TPS/1797 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Rockingham Town Planning Scheme amendment on 30 August 2017 for the purpose of—
- Amending the Contents page by deleting— (a) 4.23 Detailed Area Plans; (b) 6.1 Requirement for Planning Approval; (c) 6.2 Application for Planning Approval; (d) 6.6 Matters to be considered by the Council; (e) 6.7 Determination of Applications; (f) 6.8 Scope of Planning Approval; (g) 6.9 Approval Subject to Later Approval of Details; (h) 6.10 Deemed Refusal; (i) 6.11 Amending or Revoking a Planning Approval; (j) 6.12 Unauthorised Existing Developments; (k) 6.13 Appeals; (l) 8.2 Removal and Repair of Existing Advertisements; (m) 8.8 Appeals; (n) 8.9 Planning Policies; and (o) 8.10 Delegation.
- Amending Clause 1.4 to insert new sub-clause (a) as follows— (a) “(a) the deemed provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2)”; and (b) Renumber subsequent sub-clauses accordingly.
- Deleting Clauses 2.5 to 2.8 in their entirety, including headings and sub-clauses.
- Amending Clause 3.2.2 to replace “clause 6.3” with “Clause 64 of the deemed provisions”.
- Amending sub-clause 3.2.4(b) to replace “clause 6.3” with “Clause 64 of the deemed provisions”.
- Amending Table No. 1—Zoning Table in the Development zone column to replace “Use class permissibility is to be determined with reference to the designations in the approved Structure Plan. Refer to Clause 4.2.9.2 and 4.2.9.3” with “Subject to Clause 27 of the deemed provisions, use class permissibility shall be determined in accordance with the provisions of the relevant Structure Plan”.
- Amending Clause 4.1.2 by deleting Clause 4.1.2(a).
- Amending clause 4.2A to replace “Town Planning Regulations 1967” with “Planning and Development (Local Planning Schemes) Regulations 2015”.
19 September 2017 GOVERNMENT GAZETTE, WA 4903 9. Amending sub-clause 4.2A.3 as follows— “Notwithstanding that the land is not in the Development Zone and is not a Development Area— (a) clause 27(3) (a) (b) and (c) in Schedule A; and (b) clause 27(4) (a) (b) and (c) in Schedule A; but only in relation to a determination or decision of the Commission under a clause specified in paragraph (a) or (b), are to apply to land in which this clause applies.” 10. Deleting clause 4.2A.4 in its entirety including the heading and sub-clauses. 11. Deleting Clause 4.2.1 in its entirety including the heading and sub-clauses. 12. Deleting Clause 4.2.4 in its entirety, including the heading and sub-clauses. 13. Relocating retained sub-clauses 4.2.4 (a) (c) and (d) to new Schedule A and renumber as Clause 27(3)(a)(b) and (c). 14. Amending new Clause 27(3) in Schedule A as follows— (a) replace “The Council requires a structure plan” with “A Structure Plan is required” in new Clause 27(3)(a). (b) delete “The Council or” in new Clause 27(3)(b). 15. Deleting Clause 4.2.5 in its entirety, including the heading and sub-clauses. 16. Relocating sub-clauses 4.2.5(b) (c) and (e) to Schedule A and renumber as Clause 27(4)(a)(b) and (c), (as amended), including the following amendments— (a) Modify clause 27(4)(a) (retained sub-clause 4.2.5(b) to replace “Council” with “Commission”; and (b) Modify clause 27(4)(c) (retained sub-clause 4.2.5(e) to replace “the Council may require the proponent” with the “proponent may be required”. 17. Deleting Clause 4.2.6 in its entirety including the heading and sub-clauses. 18. Deleting Clause 4.2.7 in its entirety including the heading and sub-clauses. 19. Deleting Clause 4.2.9 in its entirety including the heading and sub-clauses. 20. Deleting Clause 4.2.10 in its entirety including the heading and sub-clauses. 21. Amending sub-clause 4.2.11.1 and sub-clause 4.2.11.2 to replace “is to have the full force and effect” with “is to continue” and replace “clause 4.2.6.15” with “Town Planning Scheme No. 2”. 22. Amending Clause 4.3.3 as follows— (a) replace “Planning” in the heading “Special Considerations Applicable to Planning Applications” with the word “Development” (b) replace “clause 6.6” with “Clause 67 of the deemed provisions”; and (c) replace “clause 8.9” in Sub clauses 4.3.3(d) to 4.3.3(j) inclusive with “Clause 4(3) of the deemed provisions”. 23. Amending Clause 4.3.4 to replace “clause 8.9” with “sub-clause 4(3) of the deemed provisions” in sub-clauses 4.3.4(d) to 4.3.4(j) inclusive and delete “the” from the heading. 24. Amending sub-clause 4.3.6 to replace “clause 8.9” with “Clause 4(3) of the deemed provisions”. 25. Amending Clause 4.5.5 to replace “Special Application of Residential Design Codes” with “Special Application of R-Codes”. 26. Deleting Clause 4.5.7 in its entirety including the heading and sub-clauses. 27. Amending Clause 4.6.6(b) to replace “Clause 8.9.9” with “Clauses 4 and 5 of the deemed provisions”. 28. Amending Clause 4.6A(i) to replace “clause 6.6” with “Clause 67 of the deemed provisions”. 29. Amending sub-clause 4.10.11 as follows— (a) replace “Outline Development Plan” with “Structure Plan” and “ODP” with “SP”. (b) deleting “as adopted by Council” in clause 4.10.11.1. (c) replace “Clause 6.3.3” with “Clause 18 of the deemed provisions” in sub-clause 4.10.11.1(c). (d) replace “develo0pment” in sub-clause 4.10.11.1(d) with “development”. (e) replace “clauses 6.1 and 6.2 of the Scheme” with “Clause 60 of the deemed provisions”, in sub-clause 4.10.11.1(e). (f) replace “6.1.4 (a) to (g)” with “Clause 61(7) (a) to (g) in Schedule A” in sub-clause 4.10.11.1(h). (g) replace “Clause 8.9” with “Part 2 Division 2 of the deemed provisions” in sub-clause 4.10.11.1(i). (h) replace “and approved by Council” with “supported by the Local Government and approved by the Commission” in sub-clause 4.10.11.1 (j). (i) renumber sub-clauses accordingly. 30. Amending Clause 4.11.5(b) to replace “clause 8.9.9” with “Clause 5 of the deemed provisions”. 31. Amending sub-clauses 4.12.2 and 4.13.2 to replace “clause 6.1.2” with “Clauses 60 and 61 of the deemed provisions”.
4904 GOVERNMENT GAZETTE, WA 19 September 2017 32. Amending sub-clause 4.17.4 to replace “clause 668” with “clause 68”. 33. Amending Clause 4.19.2 to replace “Clause 6.3.3” with “Clause 64 of the deemed provisions”. 34. Amending Clause 4.20.1A by replacing “Clause 8.9” with “Part 2 Division 2 of the deemed provisions”. 35. Amending Clause 4.20.2(a) to replace “Clause 6.3.3” with “Clause 64 of the deemed provisions”. 36. Amending Clause 4.20.3(a) to replace “clause 6.6” with “Clause 67 of the deemed provisions”. 37. Amending Clause 4.22.2 to replace “clause 6.6” with “Clause 67 of the deemed provisions”. 38. Deleting Clause 4.23 in its entirety including the heading and sub-clauses. 39. Amending Clause 5.3.1(b) to (a) replace “clause 6.2” with “Clauses 62 and 63 of the deemed provisions”. (b) replace “Additional Information for Advertisements form as set out in Schedule No. 7” with “Additional Information for development approval for Advertisements as set out in Clause 86(2) of the deemed provisions” 40. Deleting Clause 5.4 in its entirety including the headings and sub-clauses, and relocate sub- clause 5.4.2(g) to Schedule A and renumber as Clause 8(5). 41. Relocating retained sub-clause (b) (c) and (e) only of Clause 5.4.8 to Schedule A and renumbering as Clause 63(3) (d) (e) and (f). 42. Deleting Clause 6.1 in its entirety including heading and sub-clauses. 43. Relocating retained sub-clauses 6.1.2 (a), (b), (c), (d), (f), (j), (k), (l) and (m), to Schedule A and renumber as Clause 61(6) (a) to (i), 44. Amending new Clause 61(6)(c) in Schedule A as follows— “the erection on a lot of two grouped dwellings where the proposed use is designated with the symbol “P” and “D” in the cross-reference to that zone in the Zoning Table and in the Development Zone, except where otherwise provided by the Scheme.” 45. Relocating retained sub-clause 6.1.4 to new Schedule A and renumber as Clause 61(7). 46. Deleting Clause 6.2 in its entirety including the heading and sub-clauses. 47. Deleting Clause 6.3 in its entirety including the heading and sub-clauses. 48. Relocating retained sub-clauses 6.3.1 and 6.3.2 to new Schedule A, as follows— (a) relocate sub-clause 6.3.1 to Schedule A and renumber as Clause 64(6), subject to Clause 64(6) being amended as follows— “Where an application is made for Development Approval to commence a use or carry out development which involves an ‘A’ use, the Local Government is not to grant approval to that application unless notice of the application is first given in accordance with clause 64 of the deemed provisions.” (b) relocate sub-clause 6.3.2 to Schedule A and renumber as Clause 64(7), subject to Clause 64(7) being amended as follows— “Where an application is made for development approval to commence a use or carry out development which involves a ‘D’ use, or for any other development which requires development approval of the Local Government, the Local Government may give notice of the application in accordance with Clause 64 of the deemed provisions.” 49. Deleting Clause 6.4 in its entirety including the heading and sub-clauses. 50. Deleting Clause 6.6 in its entirety including the heading and sub-clauses. 51. Deleting Clause 6.7 in its entirety including the heading and sub-clauses. 52. Deleting Clause 6.8 in its entirety including the heading and sub-clauses. 53. Deleting Clause 6.9 in its entirety including the heading and sub-clauses. 54. Deleting Clause 6.10 in its entirety including the heading and sub-clauses. 55. Deleting Clause 6.12 in its entirety including the heading and sub-clauses. 56. Deleting Clause 6.13 in its entirety including the heading and sub-clauses. 57. Amending Clause 7.2.2 to replace “clause 6.3” with “clause 64 of the deemed provisions”. 58. Deleting Clause 8.1.1 in its entirety, 59. Relocating modified sub-clause 8.1.1(b) to Schedule A and renumber as Clause 78(3) subject to the following modification— “78(3) The Local Government in implementing the Scheme has the power to acquire any land or buildings within the Scheme area under the provisions of the Scheme or the Act.” 60. Deleting sub-clause 8.1.2. 61. Deleting Clause 8.2 in its entirety including heading and sub-clauses. 62. Deleting Clause 8.8 in its entirety including heading and sub-clauses. 63. Deleting Clause 8.9 in its entirety including heading and sub-clauses. 64. Deleting Clause 8.10 in its entirety including heading and sub-clauses. 65. Deleting the following General Interpretations in Schedule No. 1— (a) “Act” (b) “Advertisement”
19 September 2017 GOVERNMENT GAZETTE, WA 4905 (c) “Amenity” (d) “Building Codes” (e) “Cultural Heritage Significance” (f) “Heritage List” (g) “Owner” (h) “Premises” (i) “Reserve” (j) “Residential Design Codes” (k) “Scheme Area” (l) “Substantially Commenced” (m) “Zone” 66. Amending the General Interpretation in Schedule No. 1 as follows— (a) add a new interpretation “Deemed Provisions: means the Schedule 2—Deemed Provisions for local planning schemes in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015”. (b) Amend the “Policy” interpretation to replace “means a planning policy made in accordance with clause 8.9” with “means a local planning policy made in accordance with Part 2, Division 2 of the deemed provisions.” 67. Deleting “Schedule No. 7—Additional Information for Advertisements” in its entirety. 68. Amending Schedule No. 10, Development Contribution Areas (DCA1), Provision 9, to replace “clause 8.9 of the Scheme” with “Part 2 Division 2 of the deemed provisions”. 69. Amending the Scheme to insert Schedule A—Supplemental provisions to the deemed provisions, as follows— “Schedule A—Supplemental provisions to the deemed provisions These provisions are to be read in conjunction with the deemed provisions (Schedule 2) contained in the Planning and Development (Local Planning Schemes) Regulations 2015.” 70. Replacing all occurrences of “Approval to Commence Development” and “planning approval” with “development approval” throughout the Scheme. 71. Replacing all occurrences of “Planning Policy” and “Planning Policies” with “Local Planning Policy” throughout the Scheme. 72. Replacing all occurrences of “Residential Design Codes” with “R-Codes” throughout the Scheme. 73. Replacing all occurrences of “Outline Development Plan” with “Structure Plan” throughout the Scheme. 74. Replacing all occurrences of “Subdivision Guide Plan” with “Local Development Plan” throughout the Scheme. 75. Replacing all occurrences of “Department of Environment and Conservation” and “Department of Water” with “Department of Water and Environmental Regulation” and “Fire and Emergency Services Authority” with “Department of Fire and Emergency Services”. 76. Replacing all occurrences of “City” and “Council” with “Local Government”. 77. Renumbering the Scheme clauses and sub-clauses and updating all cross-references to Scheme clauses and sub-clauses accordingly. B SAMMELS, Mayor. A HAMMOND, Chief Executive Officer. POLICE PO401 ROAD TRAFFIC ACT 1974 ROAD TRAFFIC CODE 2000 AUTHORISED PERSONS Declaration Regulation 272 of the Road Traffic Code—Obedience to Police or Authorised Persons I, Chris Dawson, Commissioner of Police, acting pursuant to regulation 271 of the Road Traffic Code 2000 hereby declare that a person who is a “licensed pilot vehicle driver” pursuant to regulation 3 of the Road Traffic Code 2000 is an authorised person for the purposes of
4906 GOVERNMENT GAZETTE, WA 19 September 2017 regulations 272(1)(a) and 272(1)(d) of the Road Traffic Code 2000—whilst performing their functions in facilitating the safe movement of an oversize vehicle escorted by a licensed pilot vehicle driver. Dated this Friday, 15 September 2017. CHRIS DAWSON, APM, Commissioner of Police. ———— Surname First Name State Pilot Licence Number Training Provider Erhard Robert WA 00346 Keen Bros Giadresco Matthew WA 00347 Keen Bros Putelli Dean WA 00345 Keen Bros Sirihong Jonathon WA 00355 Keen Bros ——————————— PO402 ROAD TRAFFIC ACT 1974 ROAD TRAFFIC CODE 2000 AUTHORISED PERSONS Declaration Regulation 272 of the Road Traffic Code—Obedience to Police or Authorised Persons I, Gary Dreibergs, acting Commissioner of Police, acting pursuant to regulation 271 of the Road Traffic Code 2000 hereby declare that a person who is a “licensed pilot vehicle driver” pursuant to regulation 3 of the Road Traffic Code 2000 is an authorised person for the purposes of regulations 272(1)(a) and 272(1)(d) of the Road Traffic Code 2000—whilst performing their functions in facilitating the safe movement of an oversize vehicle escorted by a licensed pilot vehicle driver. Dated this Friday, 8 September 2017. GARY DREIBERGS, APM, Acting Commissioner of Police. ———— Surname First Name State Pilot Licence Number Training Provider Fisher Robyn QLD 00359 WARTA Ramsay Gregory QLD 00361 WARTA RACING, GAMING AND LIQUOR RA401 LIQUOR CONTROL ACT 1988 LIQUOR APPLICATIONS The following are applications received under the Liquor Control Act 1988 (the Act) and required to be advertised. Any person wishing to obtain more details about any application, or about the objection process, should contact the Department of Local Government, Sport and Cultural Industries, Gordon Stephenson House, Level 2, 140 William Street, Perth, Telephone: (08) 6551 4888, or consult a solicitor or relevant industry organisation. App. No. Applicant Nature of Application Last Date for Objections APPLICATIONS FOR THE GRANT OF A LICENCE A000241989 Gourmet Hotdog Pty Ltd Application for the Grant of a Restaurant licence in respect of premises situated in Fremantle and known as Wassup Dog. 29/09/2017 A000244523 Vision 2020 Hotel Group Pty Ltd Application for the Conditional Grant of a Hotel Restricted licence in respect of premises situated in Geraldton and known as The Gerald Apartment Hotel 15/10/2017 A000245343 Freestyle Brewing Pty Ltd Application for the Grant of a Producers licence in respect of premises situated in Bassendean and known as Freestyle Brewing Co. 28/09/2017 This notice is published under section 67(5) of the Act. DIRECTOR OF LIQUOR LICENSING. Dated: 15 September 2017.
19 September 2017 GOVERNMENT GAZETTE, WA 4907 WATER WA401 WATER SERVICES ACT 2012 EXEMPTION NOTICE Exemption for Total Eden Pty Ltd for the provision of a water service to the Rosehill Waters Estate, South Guildford In accordance with section 7 of the Water Services Act 2012, Hon Dave Kelly MLA, Minister for Water, has granted an exemption from the application of section 5(1) of the Act to Total Eden Pty Ltd for the provision of a water service to the residents of the Rosehill Waters Estate. The exempted water service is the supply of non-potable water provided as part of a community bore scheme at the Rosehill Waters Estate. Water is sourced from on-site bores and distributed through a reticulation network to irrigate public open spaces and residential lots within the Estate. The exemption will come into effect on the day it is published in the Government Gazette and is valid for an indefinite period. Summary of the reasons for the decision Granting this exemption is not contrary to the public interest. It is considered that— The regulatory burden imposed by licensing would be disproportionately high given the small scale of the service. The risk of Total Eden Pty Ltd exploiting its monopoly power is very low. The service is operated on a not-for-profit basis. The service represents a low risk to public health (as the supply is sourced from groundwater and is not for potable use). DECEASED ESTATES ZX401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Robert Andrew Bennett, late of 30/32 Cheriton Street, East Perth in the State of Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of Robert Andrew Bennett, deceased, who died on the 20th day of September 2015 at Royal Perth Hospital, Perth in the said State, are required by the administrator Alexandra Marie Bennett of 5 Monang Place, Mandurah in the said State to send particulars of their claims to Alexandra Marie Bennett of 5 Monang Place, Mandurah by the date one month following the publication of this notice, after which date the executor may convey or distribute the assets having regard only to the claims of which she has then had notice. ——————————— ZX402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Stella White, late of 12 McCarthy Road, Bandy Creek, Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the deceased, who died 9 August 2016, are required by the trustees, Donald Bruce Murray and Peter Thompson Murray, PO Box 1957, Esperance WA 6450 to send particulars of such claims to them within one month of the date of publication of this notice, after which date the said administrators may convey or distribute the assets, having regard only to the claims of which the trustees then have notice.
4908 GOVERNMENT GAZETTE, WA 19 September 2017 ZX403 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Sara Jennings Floreat Ita Meagher (also known as Sara Jennings Meagher), late of Unit 11, 20 Richardson Avenue, Claremont, Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the deceased, who died on 21 June 2017, are required by the Executors of the estate namely Thomas Randell Meagher and Timothy Dominic Meagher to send particulars of their claims to them, care of Murfett Legal, PO Box 6314, East Perth WA 6892, or by fax to +61 8 93883105, within one (1) month of the date of publication hereof, after which date the Executors may convey or distribute the assets of the deceased, having regard only to the claims of which they then have notice. ———————————