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.
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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.
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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
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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.
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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.
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