16 March 2018 GOVERNMENT GAZETTE, WA 915
— PART 1 —
P ROCLAMATIONS
AA101
Public and Bank Holidays Act 1972
Queen’s Birthday Holiday 2018 (Port Hedland
and Karratha) Proclamation 2018
Made under the Public and Bank Holidays Act 1972 section 8 by the
Governor in Executive Council.
Citation
This proclamation is the Queen’s Birthday Holiday 2018 (Port
Hedland and Karratha) Proclamation 2018.
Queen’s Birthday Holiday
Instead of Monday 24 September 2018, Monday 6 August 2018
is to be the Celebration Day for the Anniversary of the Birthday
of the Reigning Sovereign in 2018 in —
(a) the Port Hedland local government district; and
(b) the Karratha local government district.
K. SANDERSON, Governor. L.S.
W. JOHNSTON, Minister for Commerce and Industrial Relations.
———————————
916 GOVERNMENT GAZETTE, WA 16 March 2018
AA102
Public and Bank Holidays Act 1972
Queen’s Birthday Holiday 2018 (Newman)
Proclamation 2018
Made under the Public and Bank Holidays Act 1972 section 8 by the
Governor in Executive Council.
Citation
This proclamation is the Queen’s Birthday Holiday 2018
(Newman) Proclamation 2018.
Queen’s Birthday Holiday
Instead of Monday 24 September 2018, Monday
20 August 2018 is to be the Celebration Day for the
Anniversary of the Birthday of the Reigning Sovereign in 2018
in that part of the East Pilbara local government district that is,
or within 150 km of, the townsite of Newman (constituted under
the Land Administration Act 1997 section 26(2)).
K. SANDERSON, Governor. L.S.
W. JOHNSTON, Minister for Commerce and Industrial Relations.
———————————
AA103
Dangerous Sexual Offenders Legislation Amendment Act 2017
Dangerous Sexual Offenders Legislation
Amendment Act 2017 Commencement
Proclamation 2018
Made under the Dangerous Sexual Offenders Legislation Amendment
Act 2017 section 2(b) by the Governor in Executive Council.
Citation
This proclamation is the Dangerous Sexual Offenders
Legislation Amendment Act 2017 Commencement
Proclamation 2018.
16 March 2018 GOVERNMENT GAZETTE, WA 917
2. Commencement of Act
The Dangerous Sexual Offenders Legislation Amendment
Act 2017, other than Part 1, comes into operation on
29 March 2018.
K. SANDERSON, Governor. L.S.
J. QUIGLEY, Attorney General.
CONSERVATION
CO301
Conservation and Land Management Act 1984
Conservation and Land Management
(Reservation of State Forest) Order 2018
Made by the Governor in Executive Council under section 8(1) of the
Conservation and Land Management Act 1984.
Citation
This order is the Conservation and Land Management
(Reservation of State Forest) Order 2018.
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.
Addition to State Forest No. 65
(1) The land specified in subclause (2) is reserved for the purpose
of a State forest.
(2) The land is Reserve 52830, being Lot 520 on Deposited
Plan 408857 and being the whole of the land in Certificate of
Crown Land Title Volume LR3167 Folio 871.
(3) The land is shown for information purposes on the map set out
in Schedule 1.
Note for this clause:
The land was, before the creation of Reserve 52830, a portion of Higgins
Road, Pinjar.
918 GOVERNMENT GAZETTE, WA 16 March 2018
Schedule 1 — Map of land to be added to State Forest
No. 65 (indicative only) [cl. 3]
R. NEILSON, Clerk of the Executive Council.
J USTICE
JU301
District Court of Western Australia Act 1969
District Court Amendment Rules 2018
Made by the Judges of the District Court.
Citation
These rules are the District Court Amendment Rules 2018.
16 March 2018 GOVERNMENT GAZETTE, WA 919
2. Commencement
These rules come into operation as follows —
(a) rules 1 and 2 — on the day on which these rules are
published in the Gazette;
(b) the rest of the rules — on 22 March 2018.
3. Rules amended
These rules amend the District Court Rules 2005.
4. Rule 3 amended
In rule 3 insert in alphabetical order:
EDS has the meaning given in the RSC Order 1
rule 4(1);
file electronically, in relation to a document, means file
an electronic version of the document under rule 20 by
using the EDS;
registered user means a person who is authorised to
file documents electronically;
5. Part 3 Division 2 heading replaced
Delete the heading to Part 3 Division 2 and insert:
Division 2 — Filing documents by fax or by using EDS
6. Rule 19 amended
In rule 19(1) delete “rule,” and insert:
rule and rule 20(1A),
7. Rule 20 amended
(1) Delete rule 20(1) and insert:
(1) Subject to the requirements of the EDS and this rule, a
person who is a registered user may file a document
electronically by filing an electronic version of it using
the EDS.
(1A) If a document is to be filed by a lawyer on behalf of a
client —
(a) the lawyer must be a registered user; and
920 GOVERNMENT GAZETTE, WA 16 March 2018
(b) the document must be filed electronically
unless —
(i) the EDS is unavailable for use or does
not permit the document to be presented
for filing electronically; or
(ii) the rules of court state that the
document cannot be filed electronically;
or
(iii) the document is filed for the purposes of
an urgent application made outside
office hours; or
(iv) the document is filed by a lawyer given
permission under subrule (1B) to file it
otherwise than by using the EDS.
(1B) A registrar, for any good reason and without a formal
application or request, may permit a lawyer to file a
document otherwise than by using the EDS.
(1C) If a document is not required to be filed electronically,
whether by the operation of subrule (1B) or otherwise,
the document may be presented to the relevant registry
for filing —
(a) by emailing it to the published email address
for that registry; or
(b) by delivering it; or
(c) by posting it; or
(d) subject to rule 19, by faxing it.
(2) Delete rule 20(5) and (6) and insert:
(5) A document filed electronically is taken to have been
filed on the day and at the time recorded by the EDS.
(6) A document that is presented to the Court for filing
electronically but not in accordance with the
requirements of the EDS and this rule is to be taken —
(a) not to have been filed; and
(b) not to be part of the Court’s record.
(3) In rule 20(7A) delete “at the registry”.
(4) In rule 20(7C) delete “electronically by means of the Court’s
website.” and insert:
electronically.
Note: The heading to amended rule 20 is to read:
Some documents may be filed by using EDS
16 March 2018 GOVERNMENT GAZETTE, WA 921
8. Rule 71 amended
In rule 71(1) delete “Court’s website.” and insert:
website called the eCourts Portal of Western Australia.
9. Rule 72 amended
(1) Delete rule 72(1) and insert:
(1) This rule applies to searches for, and inspections of,
Court documents and information using the website
called the eCourts Portal of Western Australia.
(2) Delete rule 72(3)(a) and insert:
(a) documents filed electronically;
Note: The heading to amended rule 72 is to read:
Access to records and things (eCourts Portal of Western
Australia)
His Honour KEVIN FREDERICK SLEIGHT
Chief Judge of the District Court
District Court of Western Australia.
Date: 9 March 2018.
LOCAL GOVERNMENT
LG301
HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911
LOCAL GOVERNMENT ACT 1995
Shire of Bruce Rock
A NIMALS, ENVIRONMENT A ND NUISANCE A MENDMENT
LOCAL LAW 2018
Under the powers conferred by section 342 of the Health (Miscellaneous Provisions)
Act 1911 and Subdivisions 1 and 2 of Division 2 of Part 3 of the Local Government
Act 1995 and under all other powers enabling it, the Council of the Shire of Bruce
Rock resolved on the 15th day of February in the year 2018 to make the following
local law.
Part 1—Preliminary
Citation
This local law may be cited as the Shire of Bruce Rock Animals, Environment and
Nuisance Amendment Local Law 2018.
Commencement
This local law comes into operation on the same day it is published in the
Government Gazette.
Principal local law
This local law amends the Shire of Bruce Rock Animals, Environment and Nuisance
Local Law 2016 as published in the Government Gazette No. 23 on 25 January 2017.
922 GOVERNMENT GAZETTE, WA 16 March 2018
4. Title amended
(1) In the title of the local law, insert “(MISCELLANEOUS PROVISIONS)” between
‘HEALTH’ and ‘ACT’.
(2) In the enabling clause, insert “(Miscellaneous Provisions)” between ‘Health’ and
‘Act’.
5. Clause 1.4 amended
(1) In subclause 1.4(1)—
(a) make the following amendments—
(i) insert the definition “Association has the meaning given to it in the
Associations Incorporation Act 2015;”
(ii) Amend the definition for an ‘affiliated person’ by replacing the word
‘club’ with the word “association” where mentioned.
(iii) in the definition of ‘authorised person’ after the words ‘this local law’
insert “, and an EHO”;
(iv) delete the definition of ‘EHO’ and insert the following—
“EHO means—
(a) an Environmental Health Officer appointed by the local
government under the Public Health Act 2016 and includes any
acting or Assistant Environmental Health Officer to perform all
or any of the functions conferred on an Environmental Health
Officer under this local law; and
(b) a person designated by the local government as an authorised
officer under section 24 of the Public Health Act 2016;”
(v) in the definition of ‘premises’ insert between ‘Health’ and ‘Act’ the words
“(Miscellaneous Provisions)”.
(vi) insert the definition “qualified person is a person who holds either the
Item 1 License or an Item 4 License as prescribed in ‘Table 131—
Licensees and entitlements’ of the Ozone Protection and Synthetic
Greenhouse Gas Management Regulations 1995.”.
6. Clause 2.12 amended
(1) In subclause 2.12(3)(b)(ii)—
(a) delete the word ‘but’ after the word ‘thoroughfare’ and replace with the word
“where”; and
(b) after the word ‘the’ and before the word ‘vegetation’, insert “provision of”.
(2) In subclause 2.12(5), delete ‘(3)’ after ‘in subclause’ and replace with “(4)”.
7. Clause 2.15 amended
In subclause 2.15(1)(b)—
(a) delete subclause reference ‘(iii)’ and replace with “(c)”; and
(b) delete subclause reference ‘(iv)’ and replace with “(d)”; and
(c) align paragraph ‘(c)’ and ‘(d)’ with paragraphs ‘(a)’ and ‘(b)’.
8. Clause 2.26 amended
In subclause 2.26(2), insert between ‘Health’ and ‘Act’ the words “(Miscellaneous
Provisions)”.
9. Clause 2.28 amended
In subclause 2.28(1), insert between ‘Health’ and ‘Act’ the words “(Miscellaneous
Provisions)”.
10. Clause 3.5 amended
In subclause 3.5(a), delete ‘Department of Environment Regulation’ and replace with
“Department of Water and Environmental Regulation”.
11. Clause 3.9 amended
In clause 3.9—
Delete clause 3.9 and replace with—
“3.9 Disposing of disused refrigerators or similar containers
A person shall not place, leave or dispose of a disused refrigerator, ice chest,
ice box, trunk, chest or other similar article having a compartment which
has a capacity of 0.04 cubic metres or more on any land without first
arranging for the removal of any refrigerants by a qualified person, and—
(a) removing every door and lid and every lock, catch and hinge attached
to a door or lid; or
(b) rendering every door and lid incapable of being fastened.”
16 March 2018 GOVERNMENT GAZETTE, WA 923
12. Clause 4.12 amended
(1) In subclause 4.12(1), delete subclause ‘(1)’ entirely.
(2) In subclause 4.12(2) delete subclause reference ‘(2)’ and realign that subclause
text under the clause 4.12 title.
13. Schedule 1—Prescribed offences—
(1) In Schedule 1—Prescribed offences—
(a) make the following amendments—
(i) in Item No. 42, after the words ‘…removing the…’ delete the word
‘refrigerant’ and after the words ‘…being fastened…’ insert the words
“…or without removing refrigerant”
(ii) delete Item No. 52 entirely;
(iii) in Item No. 53, delete ‘(2)’ after subclause 4.12 in clause column;
(iv) delete Item reference No. ‘53’ and replace with Item No. ‘52’;
(v) delete Item reference No. ‘54’ and replace with Item No. ‘53’;
(vi) delete Item reference No. ‘55’ and replace with Item No. ‘54’; and
(vii) delete Item reference No. ‘56’ and replace with Item No. ‘55’.
This Local Law was made by the Shire of Bruce Rock at an Ordinary Meeting of
Council held on 15th day of February in the year 2018.
The Common Seal of the Shire of Bruce Rock was affixed by authority of a resolution
of the Council in the presence of—
Cr STEPHEN STRANGE, Shire President.
DARREN MOLLENOYUX, Chief Executive Officer.
————
Consented to—
TARUN WEERAMANTHRI, Chief Health Officer.
Dated this 21st day of February 2018.
TRANSPORT
TN301
Road Traffic (Vehicles) Act 2012
Road Traffic (Vehicles) Inspection Order 2018
Made by the Minister under section 19 of the Act.
Citation
This order is the Road Traffic (Vehicles) Inspection Order 2018.
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.
Vehicles required to be inspected before grant of a licence
The grant of a vehicle licence for a vehicle is prohibited unless
and until the vehicle has been examined and a certificate of
inspection has been issued under the Act that the vehicle meets
924 GOVERNMENT GAZETTE, WA 16 March 2018
the prescribed standards and requirements for that vehicle and
that the vehicle is fit for the purpose for which the licence is
desired.
4. Application of clause 3
Clause 3 is declared to apply in respect of all vehicles other than
the following vehicles —
(a) a vehicle that has not previously been licensed or
registered in this State or in another State or a Territory,
a production model of which has been approved by the
CEO;
(b) on and after 1 July 2018, a light vehicle —
(i) that was licensed or registered for the first time
in this State or in another State or a Territory
within the period of 3 years before the day on
which the vehicle licence for the vehicle is to be
granted; and
(ii) that has been driven less than 100 000 km; and
(iii) the vehicle licence for which is to be granted to a
dealer, as defined in the Motor Vehicle Dealers
Act 1973 section 5(1), for the purposes of sale by
the dealer;
(c) a motor vehicle that —
(i) is designed for use primarily in industry (whether
in the public or private sector) and to be driven
or controlled by a person carried in or on the
vehicle; and
(ii) is not designed for use primarily for the carriage
on roads of passengers or goods or for hauling a
semi-trailer;
(d) a motor vehicle that —
(i) is, or has permanently attached to it, an
excavator, road roller, road grader, bulldozer,
mechanical shovel, plough, rotary hoe or similar
plant; and
(ii) is designed to be driven or controlled by a person
carried in or on the vehicle; and
(iii) is not suitable for the carriage of any load other
than accessories necessary for the operation of
the vehicle.
5. Vehicles required to be inspected before renewal of a licence
The renewal of a vehicle licence for a vehicle is prohibited
unless and until the vehicle has been examined and a certificate
of inspection has been issued under the Act that the vehicle
meets the prescribed standards and requirements for that vehicle
and that the vehicle is fit for the purpose for which the licence is
desired.
16 March 2018 GOVERNMENT GAZETTE, WA 925
6. Application of clause 5
(1) Clause 5 is declared to apply in respect of the following
vehicles —
(a) a motor vehicle in respect of which an omnibus
licence is granted, or is to be applied for, under the
Transport Co-ordination Act 1966 Part III
Division 2;
(b) a motor vehicle in respect of which a taxi-car
licence is issued, or is to be applied for, under the
Transport Co-ordination Act 1966 Part IIIB;
(c) a motor vehicle that is, or is to be, operated as a taxi
using taxi number plates issued under the Taxi Act 1994
Part 3;
(d) except as provided in subclause (2), a motor vehicle that
is fitted with seats for 13 or more persons, including the
driver;
(e) a motor vehicle that is, or is to be, used solely or
principally for the carriage of children to and from
school and is fitted with seats for 8 or more persons,
including the driver;
(f) except as provided in subclause (2), a motor vehicle that
is, or is to be, used solely or principally under a hiring
agreement and is fitted with seats for 8 or more persons,
including the driver;
(g) a motor vehicle that is, or is to be, used solely or
principally by a driving instructor for the purposes of the
instruction of drivers and is fitted with the modifications
required by the Motor Vehicle Drivers Instructors
Regulations 1964.
(2) Clause 5 is declared not to apply in respect of a motor vehicle
referred to in subclause (1)(d) or (f) if —
(a) the vehicle is not a vehicle referred to in
subclause (1)(a), (b), (c), (e) or (g); and
(b) the period since the vehicle was licensed or registered
for the first time (whether in this State or in another
State or a Territory) is not longer than 39 months.
(3) Clause 5 is declared not to apply in relation to the grant of a
vehicle licence (the new licence) by way of the renewal of an
existing vehicle licence (the previous licence) if —
(a) when the previous licence was granted the vehicle was
examined (the relevant examination) and a certificate of
inspection was issued under the Act; and
(b) the new licence is to be granted for a period that expires
not more than 12 months after the date of the relevant
examination.
926 GOVERNMENT GAZETTE, WA 16 March 2018
7. Order to apply throughout the State
The provisions of this order are declared to apply throughout the
State.
8. Road Traffic (Inspection of Vehicles) Notice 2012 repealed
The Road Traffic (Inspection of Vehicles) Notice 2012 is
repealed.
R. SAFFIOTI, Minister for Transport.
———————————
16 March 2018 GOVERNMENT GAZETTE, WA 927
— PART 2 —
FISHERIES
FI401
FISH RESOURCES MANAGEMENT ACT 1994
EXMOUTH GULF PRAWN MANAGED FISHERY MANAGEMENT PLAN 1989
PERMITTED AND PROHIBITED A REAS TO FISH FOR PRAWNS IN
THE E XMOUTH G ULF PRAWN MANAGED FISHERY
Notice No. 1 of 2018
I, Heather Brayford, Deputy Director General of the Department of Primary Industries and Regional
Development, Western Australia, in accordance with clause 10 of the Exmouth Gulf Prawn Managed
Fishery Management Plan 1989 (the Plan) consider it in the better interest of the fishery to do so, do
hereby—
Cancel Notice No. 1 of 2017, dated 27 March 2017;
Permit fishing for prawns in all parts of the Exmouth Gulf Prawn Managed Fishery between
1800 hours on any day and 1000 hours on the following day between 1800 hours 3 April 2018
and 1000 hours 17 December, except in the area described in Item 2 of the Plan.
HEATHER BRAYFORD, Deputy Director General
As delegate for Chief Executive Officer.
Dated this 9th day of March 2018.
LOCAL GOVERNMENT
LG401
LOCAL GOVERNMENT ACT 1995
Shire of Denmark
B ASIS OF R ATES
I, Michael Connolly, being delegated by the Minister of the Crown to whom the administration of the
Local Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of
that Act, hereby, and with effect from 20 February 2018, determine that the method of valuation to be
used by the Shire of Denmark, as the basis for a rate in respect of the land referred to in the Schedule
is to be the gross rental value of the land;
Schedule
Designated land
UV to GRV All that portion of land being Lot 101 as shown on Diagram 95440.
MICHAEL CONNOLLY, Deputy Director General—Regulation,
Department of Local Government, Sport and Cultural Industries.
———————————
LG402
LOCAL GOVERNMENT ACT 1995
City of Cockburn
B ASIS OF R ATES
I, Michael Connolly, being delegated by the Minister of the Crown to whom the administration of the
Local Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28(1) of
that Act, hereby, and with effect from 14 February 2018, determine that the method of valuation to be
928 GOVERNMENT GAZETTE, WA 16 March 2018
used by the City of Cockburn, as the basis for a rate in respect of the land referred to in the Schedule
is to be the gross rental value of the land;
Schedule
Designated land
UV to GRV All those portions of land being Lots 231 to 245 inclusive, Lots 247 to 255
inclusive and Lots 257 to 259 inclusive as shown on Deposited Plan 410166.
MICHAEL CONNOLLY, Deputy Director General—Regulation,
Department of Local Government, Sport, and Cultural Industries.
M INERALS AND P ETROLEUM
MP401
MINING ACT 1978
A PPLICATION FOR AN O RDER FOR FORFEITURE
Department of Mines and Petroleum,
Leonora WA 6438.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the
following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining
Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions
and/or non-compliance with the reporting provisions.
S. De MAIO, Warden.
————
To be heard by the Warden at Leonora on 8 May 2018.
MT MARGARET MINERAL FIELD
Prospecting Licences
P 39/5552 Sibraa, Kevin Peter
Hodgson, Sue-Ellen
NORTH COOLGARDIE MINERAL FIELD
Prospecting Licences
P 40/1369 Campbell, Roger
P 40/1370 Campbell, Roger David
P 40/1371 Campbell, Roger
———————————
MP402
MINING ACT 1978
A PPLICATION FOR AN O RDER FOR FORFEITURE
Department of Mines and Petroleum,
Leonora WA 6438.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the
following licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining
Act 1978 for non payment of rent.
S. De MAIO, Warden.
————
To be heard by the Warden at Leonora on 8 May 2018.
MT MARGARET MINERAL FIELD
Prospecting Licences
P 37/8564 Van Blitterswyk, Wayne Craig
P 37/8565 Van Blitterswyk, Wayne Craig
P 37/8566 Van Blitterswyk, Wayne Craig
NORTH COOLGARDIE MINERAL FIELD
Prospecting Licences
P 40/1354 Morapoi Mining Pty Ltd
16 March 2018 GOVERNMENT GAZETTE, WA 929
MP403
MINING ACT 1978
A PPLICATION FOR AN O RDER FOR FORFEITURE
Department of Mines and Petroleum,
Leonora WA 6438.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the
following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining
Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions
and/or non-compliance with the reporting provisions.
S. De MAIO, Warden.
————
To be heard by the Warden at Leonora on 8 May 2018.
MT MARGARET MINERAL FIELD
Prospecting Licences
P 37/8549 Rock The Polo Pty Ltd
P 37/8550 Rock The Polo Pty Ltd
P 37/8554 Rock The Polo Pty Ltd
P 37/8555 Rock The Polo Pty Ltd
———————————
MP404
MINING ACT 1978
A PPLICATION FOR AN O RDER FOR FORFEITURE
Department of Mines and Petroleum,
Kalgoorlie WA 6430.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the
following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining
Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions
and/or non-compliance with the reporting provisions.
A. HILLS-WRIGHT, Warden.
————
To be heard by the Warden at Kalgoorlie on 4 May 2018.
EAST COOLGARDIE MINERAL FIELD
Prospecting Licences
P 25/2100 Northern Mining Ltd
P 25/2101 Northern Mining Ltd
P 25/2179 Northern Mining Ltd
P 25/2180 Northern Mining Ltd
———————————
MP405
MINING ACT 1978
A PPLICATION FOR AN O RDER FOR FORFEITURE
Department of Mines and Petroleum,
Kalgoorlie WA 6430.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the
following licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining
Act 1978 for non payment of rent.
A. HILLS-WRIGHT, Warden.
————
To be heard by the Warden at Kalgoorlie on 4 May 2018.
BROAD ARROW MINERAL FIELD
Prospecting Licences
P 24/4750 Siberia Mining Corporation Pty Ltd
P 24/4751 Siberia Mining Corporation Pty Ltd
930 GOVERNMENT GAZETTE, WA 16 March 2018
EAST COOLGARDIE MINERAL FIELD
Prospecting Licences
P 25/2396 Grandile, John Lee Alan
P 26/4041 Hesford, Christopher
P 26/4042 Hesford, Christopher
NORTH COOLGARDIE MINERAL FIELD
Prospecting Licences
P 31/2098 McMeeken, William Peter
———————————
MP406
MINING ACT 1978
A PPLICATION FOR AN O RDER FOR FORFEITURE
Department of Mines and Petroleum,
Kalgoorlie WA 6430.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the
following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining
Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions
and/or non-compliance with the reporting provisions.
A. HILLS-WRIGHT, Warden.
————
To be heard by the Warden at Kalgoorlie on 4 May 2018.
BROAD ARROW MINERAL FIELD
Prospecting Licences
P 24/4977 ASR Resources Ltd
EAST COOLGARDIE MINERAL FIELD
Prospecting Licences
P 25/2281 Lindsay, Michael Andrew
N. E. COOLGARDIE MINERAL FIELD
Prospecting Licences
P 28/1173 Rowe, Stephanie Eva
P 28/1272 Rogers, Paul Brendon
———————————
MP407
MINING ACT 1978
A PPLICATION FOR AN O RDER FOR FORFEITURE
Department of Mines and Petroleum,
Coolgardie WA 6429.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the
following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining
Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions
and/or non-compliance with the reporting provisions.
A. HILLS-WRIGHT, Warden.
————
To be heard by the Warden at Kalgoorlie on 4 May 2018.
COOLGARDIE MINERAL FIELD
Prospecting Licences
P 15/5796 Sharpe, Trevor David
Gibbins, Mark Gregory
P 15/5797 Sharpe, Trevor David
Gibbins, Mark Gregory
P 15/6039 Cardwell, Richard
16 March 2018 GOVERNMENT GAZETTE, WA 931
MP408
MINING ACT 1978
A PPLICATION FOR AN O RDER FOR FORFEITURE
Department of Mines and Petroleum,
Coolgardie WA 6429.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the
following licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining
Act 1978 for non payment of rent.
A. HILLS-WRIGHT, Warden.
————
To be heard by the Warden at Kalgoorlie on 4 May 2018.
COOLGARDIE MINERAL FIELD
Prospecting Licences
P 16/2979 Cameron, Malcolm David
Miscellaneous Licences
L 15/224 Siberia Mining Corporation Pty Ltd
———————————
MP409
MINING ACT 1978
A PPLICATION FOR AN O RDER FOR FORFEITURE
Department of Mines and Petroleum,
Mt. Magnet WA 6638.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the
following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining
Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions
and/or non-compliance with the reporting provisions.
J. SCUTT, Warden.
————
To be heard by the Warden at Mt. Magnet on 5 April 2018.
MURCHISON MINERAL FIELD
Prospecting Licences
P 58/1714 Smith, Paul
P 58/1715 Hitchcock, Bodie William
P 58/1716 Smith, Paul
P 58/1717 Smith, Paul
P 58/1719 Wellstead, Ross Arthur
Hodgson, Shane Steven
———————————
MP410
MINING ACT 1978
I NSTRUMENT OF E XTENSION OF TERM OF E XEMPTION OF LAND
I, Ronald Mark Gabrielson, Acting Executive Director, Resource Tenure, pursuant to section 19 of the
Mining Act 1978, hereby extends the exemption originally declared on 26 March 2002 and published
in the Government Gazette dated 5 April 2002 for that area described hereunder (not being private
land or land that is the subject of a mining tenement or an application for a mining tenement) from
Divisions 1 to 5 of Part IV of the Mining Act 1978, for a further period of two years, expiring on
25 March 2020.
Locality
Kalbarri National Park
Description of Land S19/169
Land designated S19/169 in the TENGRAPH electronic plan of the Department of Mines, Industry
Regulation and Safety. A geospatial description is filed on the Department of Mines, Industry
Regulation and Safety File no. A0061/201401 and identified as document 5615973.
Area of Land S19/169
436.986 hectares
Dated at Perth this 8th day of March 2018.
RONALD MARK GABRIELSON, Acting Executive Director,
Resource Tenure.
932 GOVERNMENT GAZETTE, WA 16 March 2018
P LANNING
PL401
PLANNING AND DEVELOPMENT ACT 2005
A PPROVED A MENDMENTS TO STATE PLANNING POLICY
3.1: Residential Design Codes
Modify replacement dates on title page to 2 August 2013 and 23 October 2015.
Modify contents page as follows—
Replace ‘planning approval’ with ‘development approval’ under clauses 2.3 and 3.1; and
Replace ‘R30’ with ‘R40’ under Appendix 1 Definitions text relating to Table 1 and Table 4.
Remove sub-contents pages in Parts 1-6, Tables and Figures.
Modify clause 1.4 as follows—
Replace ‘R30’ with ‘R40’.
Modify clauses 2.1.2, 2.1.3, 2.2.1, 2.2.2, 2.3, 3.1, 4.1.2, 5.5.2 C2.4 and the R-Codes approval process
flowchart under Part 2 as follows—
Replace ‘planning approval’ with ‘development approval’ and ‘planning application’ with
‘development application’.
Amend clause 2.2.2 as follows—
Insert ‘*’ after ‘single house’ and corresponding note at the end of the clause as follows—
‘Note—
*includes the erection or extension to a single house, ancillary dwelling, outbuilding, external
fixture, boundary wall or fence, patio, pergola, veranda, garage, carport or swimming pool—
refer to schedule 2, clause 61 (c) and (d) of the Planning and Development (Local Planning
Schemes) Regulations 2015 (as amended).’
Replace ‘(or other application as determined by the decision-maker)’ with ‘under the
scheme’.
Modify clause 3.1 as follows—
Amend the text following point (c) as follows—
an application shall be made to the decision-maker on the appropriate application for
development approval form (refer to schedule 2, clause 62 and 86 of the Planning and
Development (Local Planning Schemes) Regulations 2015 (as amended).
Modify clause 3.2.1 as follows—
Replace ‘determined by the decision-maker’ with ‘required under the scheme’.
Replace ‘R30’ with ‘R40’ under the Multiple Dwelling Application type heading in Part 3,
Application information matrix.
Modify clause 4.1.2 as follows—
Delete ‘or other approval process as used by the decision-maker,’.
Modify clause 5.1.2 as follows—
Amend last dot point under P2.2 to—
Positively contributes to the prevailing or future development context and streetscape as
outlined in the local planning framework.
Amend C2.4 as follows—
A porch, balcony, veranda, chimney or the equivalent may (subject to the Building Code of
Australia) project not more than 1m into the street setback area. Projections up to 1m are
not subject to a compensating area, provided that the total of such projections does not exceed
20 per cent of the building façade as viewed from the street (refer Figure 2b). Projections
greater than 1m and exceeding 20 per cent of the building facade at any level are subject to
an equivalent open area under clause 5.1.2 C2.1iii.
Modify clause 5.1.3 as follows—
Amend P3.1 as follows—
Buildings set back from lot boundaries or adjacent buildings on the same lot so as to—
Amend final dot point under P3.2 to—
Positively contributes to the prevailing or future development context and streetscape as
outlined in the local planning framework.
Modify note after C3.3 as follows—
The term ‘up to a lot boundary’ means a wall, on or less than 600mm from any lot
boundary (green title or survey strata lot), other than a street boundary.
Modify clause 5.2.3 by inserting new deemed-to-comply requirement as follows—
C3.3 For battleaxe lots or sites with internal driveway access, at least one major opening
from a habitable room of the dwelling faces the approach to the dwelling.
16 March 2018 GOVERNMENT GAZETTE, WA 933
14. Modify clause 5.3.5 C5.3 second dot point as follows—
No closer than 6m to a street corner as required under AS2890.1 Parking Facilities: Off
street Parking (as amended); and
Insert Figure 3.1 Prohibited Locations of Access Driveways from AS2890.1.
15. Amend clause 5.3.5 as follows—
C5.4 second dot point to read—
the distance from an on-site car parking space to the street is 15m or more; or
16. Amend clause 5.3.6 C6.1 as follows—
Insert ‘(as amended)’ following ‘AS1428.1.
17. Amend clause 5.3.8 as follows—
Modify C8.1 as follows—
Retaining walls greater than 0.5m in height set back from lot boundaries in accordance
with the setback provisions of Table 1. Retaining walls 0.5m or less in height may be
located up to the lot boundary.
Delete C8.2.
Renumber C8.1 to C8.
18. Amend clause 5.4.1 Note i. following C1.2 as follows—
Replace ‘Codes’ with ‘Code’.
19. Modify clauses 5.4.4 and 5.4.5 as follows—
Modify the heading of clause 5.4.4 to ‘External fixtures, utilities and facilities’.
Relocate P5 from clause 5.4.5 to clause 5.4.4 following P4.1 and renumber to P4.2.
Relocate C5.1, C5.2 and C5.3 from clause 5.4.5 to clause 5.4.4 following C4.4 and renumber to
C4.5, C4.6 and C4.7 respectively.
Modify renumbered C4.5 as follows—
An enclosed, lockable storage area, constructed in a design and material matching the
dwelling where visible from the street, accessible from outside the dwelling, with a
minimum dimension of 1.5m when provided external to a garage and 1m when provided
within a garage and an internal area of at least 4m2 , for each grouped dwelling.
Delete all references to clause 5.4.5.
20. Modify clause 6.1.4 P4.1 text preceding dot points as follows—
Buildings set back from boundaries or adjacent buildings on the same lot so as to—
21. Modify clause 6.3.5 C5.3 second dot point as follows—
the distance from an on-site car parking space to the street is 15m or more; or
22. Modify clauses 6.4.5 and 6.4.6 as follows—
Amend title of 6.4.5 to External fixtures, utilities and facilities;
Relocate P6 from clause 6.4.6 to clause 6.4.5 following P5.2 and renumber to P5.3;
Relocate C6.1, C6.2 and C6.3 from clause 6.4.6 to clause 6.4.5, following C5.4 and renumber
to C5.5, C5.6 and C5.7 respectively;
Modify renumbered C5.5—
An enclosed, lockable storage area, constructed in a design and material matching the
building/dwelling where visible from the street, accessible from outside the dwelling,
with a minimum dimension of 1.5m when provided external to a garage and 1m when
provided within a garage and an internal area of at least 4m2 shall be provided for each
multiple dwelling;
Delete all references to clause 6.4.6.
23. Modify clause 7.3 as follows—
Modify the heading as follows—
Scope of local planning policies, local development plans and activity centre plans
Modify clause 7.3.1 text preceding point (a) as follows—
Local planning policies, local development plans and activity centre plans may
contain provisions that—
Modify clause 7.3.1 (a) Context lot boundary setbacks as follows—
Renumber C4.2ii to C4.3.
Modify clause 7.3.2 as follows—
Replace ‘local structure’ with ‘activity centre’.
24. Modify the following definitions—
Local planning strategy
A document which supports the preparation and review of a scheme in accordance with Part 3 of
the Planning and Development (Local Planning Schemes) Regulations 2015.
Local structure plan
A planning document prepared and approved under the provisions of the scheme which provides
a framework for the planning and coordination of land use, development and subdivision.
934 GOVERNMENT GAZETTE, WA 16 March 2018
PL402
PLANNING AND DEVELOPMENT ACT 2005
A PPROVED LOCAL PLANNING SCHEME A MENDMENT
Shire of York
Local Planning Scheme No. 2—Amendment No. 50
Ref: TPS/1027
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 Shire of York Local Planning
Scheme amendment on 8 March 2018 for the purpose of—
Amending Schedule 1—Interpretations’ by—
a. Creating a ‘General Definitions’ heading and ‘Land Use Definitions’;
b. Re-arranging the existing definitions to be listed in alphabetical order under the heading
of ‘General Definitions’—
battle-axe lot, Commission, conservation, constructed road, District, flood fringe,
floodplain, floodway, Gazettal date, heritage place, heritage precinct, heritage list, land,
lot, net lettable area (NLA), public authority, public utility, restoration, Schedule;
c. Inserting the new definitions to accord with the definitions from Schedule 1 Part 6 of the
Planning and Development (Local Planning Schemes) Regulations 2015 (model
provisions) and listed in alphabetical order under the heading of ‘General Definitions’—
cabin, chalet, floor area, frontage, plot ratio, precinct, retail, short-term accommodation,
wholesale;
d. Inserting the following definitions to be listed in alphabetical order under the heading of
‘General Definitions’—
(i) ‘height’ when used in relation to a building that is used for—
(a) residential purposes, has the same meaning as in the Residential Design
Codes; or
(b) purposes other than residential purposes, means the maximum vertical
distance between the ground level and the finished roof height directly
above.
(ii) ‘minerals’ as the same meaning as the Mining Act 1978.
(e) Amending the following definitions to be listed in alphabetical order under the heading of
‘General Definitions’ to read—
‘building envelope’ means an area of land within a lot marked on a plan approved by the
responsible authority within which all buildings and effluent disposal facilities on the
lot must be contained
(f) Amending the following definitions to accord with the definitions from Schedule 1 Part 6
of the Planning and Development (Local Planning Schemes) Regulations 2015 (model
provisions) and listed in alphabetical order under the heading of ‘General Definitions’—
commercial vehicle, non-conforming use, incidental use, predominate use,
(g) Amending the following definitions as follows—
(i) ‘camping area’ to read ‘camping ground’;
(ii) ‘fast food outlet’ to read ‘fast food outlet/lunch bar’;
(iii) ‘intensive agriculture’ to read ‘agriculture—intensive’;
(iv) ‘industry—general’ to read ‘industry’;
(v) ‘industry—mining’ to read ‘mining operations’;
(vi) ‘industry—rural’ to read ‘industry—primary production’;
(vii) ‘motor vehicle and marine sales’ to read ‘motor vehicle, boat or caravan sales’;
(viii) ‘private recreation’ to read ‘recreation-private’;
(ix) ‘public worship’ to read ‘place of worship’;
(x) ‘restaurant’ to read ‘restaurant/café’;
(xi) ‘rural pursuit’ to read ‘rural pursuit/hobby farm’;
and associated references throughout the scheme accordingly.
(h) Re-arrange the existing definitions to be listed in alphabetical order under the heading of
‘Land Use Definitions’—
amusement facility, amusement machine, ancillary tourist use, caretaker’s dwelling, civic
building, farm supply centre, guest house, industry—service, park home, plant nursery,
produce store, public amusement, public recreation, reception centre, salvage yard;
(i) Inserting the new definitions to accord with the definitions from Schedule 1 Part 6 of the
Planning and Development (Local Planning Schemes) Regulations 2015 (model
provisions) and listed in alphabetical order under the heading of ‘Land Use Definitions’—
‘agriculture—extensive’, animal establishment, animal husbandry—intensive, art gallery,
car park, child care premises, cinema/theatre, corrective institution, family day care,
funeral parlour, home store, hospital, night club, restricted premises, rural home
business, single house, tree farm, warehouse/storage, waste disposal facility, waste
storage facility, winery;
16 March 2018 GOVERNMENT GAZETTE, WA 935
j. Amending the following definitions to accord with the definitions from Schedule 1 Part 6
of the Planning and Development (Local Planning Schemes) Regulations 2015 (model
provisions) and listed in alphabetical order under the heading of ‘Land Use Definitions’
abattoir, ‘agriculture—intensive’, amusement parlour, civic use, club premises, consulting
rooms, convenience store, educational establishment, fast food outlet/lunch bar, fuel
depot, holiday house, home business, home occupation, home office, hotel, industry,
industry—extractive, industry—light, industry-primary production, market, medical
centre, mining operations, motel, motor vehicle, boat or caravan sales, motor vehicle
repair, office, park home park, place of worship, restaurant/café, rural pursuit/hobby
farm, serviced apartment, service station, shop, tavern, telecommunications
infrastructure, transport depot, veterinary centre
k. Amending the following definitions to be listed in alphabetical order under the heading of
‘Land Use’ to read—
‘bed and breakfast’ means a dwelling, used by a resident of the dwelling, to provide
accommodation for persons away from their normal place of residence on a short-
term commercial basis and includes the provision of breakfast; for not more than
four (4) adults or one family in an establishment containing a maximum of two (2)
guest bedrooms and one (1) guest bathroom, located under the main roof of the
dwelling house.
‘camping ground’ has the same meaning as in the Caravan Parks and Camping Grounds
Act 1995.
‘caravan park’ has the same meaning as in the Caravan Parks and Camping Grounds
Act 1995.
‘industry—cottage’ means a trade or light industry producing arts and crafts goods which
does not fall within the definition of a home occupation and which—
(a) does not cause injury to or adversely affect the amenity of the neighbourhood;
(b) where operated in a residential zone, does not employ any person other than a
member of the occupiers household;
(c) is conducted in an out building which is compatible with the principal uses to
which land in the zone in which it is located may be put;
(d) does not occupy an area in excess of 50 square metres; and
(e) does not display a sign exceeding 0.2 square metres in area.
‘recreation—private’ means premises used for indoor or outdoor leisure, recreation or
sport which are not usually open to the public without charge.
‘showroom’ means premises used to display, sell by wholesale or retail, or hire,
automotive parts and accessories, camping equipment, electrical light fittings,
equestrian supplies, floor coverings, furnishings, furniture, household appliances,
party supplies, swimming pools or goods of a bulky nature.
l. Inserting the following definitions into Schedule 1—Land Use definitions (in alphabetical
order to read—
‘community purpose’ means the use of premises designed or adapted primarily for the
provision of educational, social or recreational facilities or services by organisations
involved in activities for community benefit.
‘motor vehicle wash’ means premises where the primary use is the washing of motor
vehicles.
‘repurposed dwelling’—a building or structure not previously used as a single house,
which has been repurposed for use as a dwelling.
‘residential building’ has the same meaning as in the Residential Design Codes.
‘resort’ means integrated, purpose-built premises for short-stay guests comprising
accommodation units and on-site tourism facilities such as reception, restaurant and
leisure facilities like swimming pool, gymnasium, tennis courts, and where
occupation by any person is limited to a maximum of three months in any 12-month
period.
‘retirement village’ means any land or buildings used to accommodate retirees, together
with ancillary facilities, but does not include a “Park Home Park”.
‘second-hand dwelling’—a dwelling that has previously been in a different location, and
has been dismantled and transported to another location, but does not include a new
modular or transportable dwelling.
‘staff/workers accommodation’ means shared self-contained living accommodation
(separate to a single dwelling) used for the accommodation of persons directly
employed in an approved activity carried out on the Lot and does not include a
Caretakers Dwelling
m. Deleting the following definitions—
Act, advertisement, aquaculture, cultural heritage significance, development, dog
kennels, exhibition centre, hobby farm, industry—hazardous, industry—noxious, Local
Government, local shop, lodging house, lunch bar, multiple dwelling, owner, piggery,
poultry farm, place, potable water, substantially commenced, zone.
936 GOVERNMENT GAZETTE, WA 16 March 2018
2. Replacing the Zoning Table with the following—
Zones
Uses
Residential
Town centre
Mixed
business
Rural
townsite
Industrial
Rural
residential
Rural
smallholding
General
agriculture
Development
zone
Abattoir X X X X X X X SA
In accordance with Approved Structure Plan.
Agriculture—extensive X X X X X X AA P
Agriculture—intensive X X X X X SA SA P
Amusement facility X IP IP IP X X X X
Amusement parlour X AA SA X X X X X
Ancillary tourist use IP IP IP IP X IP IP IP
Animal establishment X X X IP SA SA SA SA
Animal husbandry—
intensive
X X X X X X X SA
Art gallery IP AA AA AA X IP IP IP
Bed and breakfast IP AA SA IP X IP IP IP
Camping ground X X X SA X X X SA
Caravan park X X X SA X X X SA
Caretaker’s dwelling X X IP IP IP X IP IP
Car park X AA SA X X X X X
Child care premises SA X X SA X SA SA X
Cinema/theatre X AA SA X X X X SA
Club premises X AA AA AA X X X AA
Community purpose SA SA SA SA X SA SA SA
Consulting rooms SA P AA SA X X X X
Convenience store SA X P SA X SA SA X
Education establishment SA AA AA AA X X X AA
Family day care P SA AA P X P P P
Farm supply centre X X SA SA P X X SA
Fast food outlet/lunch bar X AA SA SA X X X X
Fuel depot X X X X AA X X IP
Funeral parlour X AA SA X SA X X X
Guest house SA AA AA SA X IP IP IP
Holiday house SA AA AA SA X AA AA IP
Home business AA AA SA AA X AA AA AA
Home occupation AA AA SA AA X AA AA AA
Home office P P P P X P P P
Home store SA AA AA SA X SA SA IP
Hotel X AA SA SA X X X X
Industry X X X X AA X X X
Industry—cottage SA X AA AA X AA AA AA
Industry—extractive X X X X X X X AA
Industry—light X X SA SA P X X X
Industry—primary
production
X X X X X SA SA P
Industry—service X X AA SA P X X X
Market X AA AA SA X X X X
Medical centre SA P P X X X X X
Mining operations X X X X X X X SA
Motel X AA AA SA X X X X
Motor vehicle, boat or
caravan sales
X X SA X AA X X X
Motor vehicle repair X X X SA AA X X X
Motor vehicle wash X SA SA SA AA X X X
Night club X AA SA X X X X X
Office X P P X AA X X X
Park home park X X X SA X X X X
Place of worship X SA SA SA X X SA SA
16 March 2018 GOVERNMENT GAZETTE, WA 937
Zones
Uses
Residential
Town centre
Mixed
business
Rural
townsite
Industrial
Rural
residential
Rural
smallholding
General
agriculture
Development
zone
Plant nursery SA X SA AA AA SA SA AA
Produce store X AA AA SA X X X IP
Public recreation AA X AA AA AA X X AA
Reception centre IP AA AA IP X IP IP IP
Recreation—private X SA SA SA SA X SA SA
Repurposed dwelling AA AA AA AA X AA AA AA
Residential building SA AA AA AA X X X X
Resort X X X X X X SA SA
Restaurant /cafe X P AA AA X X X IP
Restricted premises X SA X X SA X X X
Retirement village SA X SA SA X X X X
Rural home business X X X SA X SA AA AA
Rural pursuit/hobby farm X X X X X SA SA P
Salvage yard X X X X AA X X SA
Second-hand dwelling AA AA AA AA X AA AA AA
Service station X SA SA SA AA X X AA
Serviced apartment X AA SA SA X X X X
Shop X P X AA SA X X X
Showroom X AA AA X AA X X X
Single house P AA AA P X P P P
Staff/workers
accommodation
X X X X X IP IP IP
Tavern X AA SA SA X X X X
Transport depot X X X X AA X X SA
tree farm X X X X X X X SA
Veterinary centre X SA AA SA AA SA SA AA
Warehouse/storage X X X X AA X X X
Waste disposal facility X X X X X X X X
Waste storage facility X X X X SA X X SA
Winery X X SA SA SA SA SA P
3. Deleting subclause 4.14.4 (a) and re-numbering subsequent clauses;
4. Inserting a new sub clause after sub-clause 4.15.4 as follows—
4.15.4 Regional Facilities
(a) In determining applications for regional facilities in the General Agriculture zone,
Council shall have regard for the following matters—
(i) The suitability of the site relative to other potential sites;
(ii) Proximity and access to population centres;
(iii) Adequacy of separation distances to sensitive land uses;
(iv) The scale of the proposal relative to the size of the lot on which it is proposed and
the size of adjacent lots;
(v) Visual impact and visual compatibility with surrounding land uses and
development;
(vi) Adequacy of on-site parking;
(vii) Hours of operation;
(viii) Potential impact of any uses incidental or ancillary to the proposed use;
(ix) The capacity of the road network to safely accommodate vehicle movements
generated by the development;
(x) Bushfire risk, giving consideration to the provisions of SPP 3.7;
(xi) Provision of essential services commensurate with the intended land use; and
(xii) Potential noise, amenity and air quality impacts.
(b) Notwithstanding anything contained in Clause 3.2.4, Council shall consider a proposal
for regional facilities not listed in the Zoning Table having due regard for the matters
in Clause 4.15.5(a).
In accordance with Approved Structure Plan.
938 GOVERNMENT GAZETTE, WA 16 March 2018
5. Insert new clause 4.17 in the Scheme as follows—
4.17 State Planning Policy 3.6 to be read as part of Scheme
(a) State Planning Policy 3.6—Development Contributions for Infrastructure, modified as
set out in this scheme, is to be read as part of this Scheme.
(b) The local government—
(i) must make a copy of State Planning Policy 3.6 available for public inspection
during business hours at the offices of the local government; and
(ii) may publish a copy of State Planning Policy 3.6 on the website of the local
government
6. Deleting Clause 5.3 in its entirety from the Scheme;
7. Deleting Clause 5.8 in its entirety from the Scheme;
8. Deleting Clause 6.1 in its entirety and replace with the following—
6.1. Special Control Areas
Special Control Areas are marked on the Scheme Map according to the legend on the
Scheme Map.
The purpose, objectives and additional provisions that apply to each special control area
is set out in this section.
9. Amending Schedule 8 relating to Shops, Showrooms and other uses appropriate to a
Shopping Area by—
(i) Deleting the following wording—
the requirements of the Signs Hoarding and Bill Posting Local Laws.
and replacing with the following—
any adopted Local Planning Policies.
(ii) and in relation to the Maximum Area deleting the following wording—
not applicable
and replacing with the following—
Combined area of all advertisements not to exceed 5m2 .
10. Deleting Schedule 13 and 14 from the Scheme.
11. Adjusting numbering and cross-referencing of numbers in the Scheme accordingly.
12. Amending the Scheme maps by—
(i) Rezoning Lot 123 Horley Road from Road Reserve to Industrial.
(ii) Rezoning Lot R46915 Henrietta Street, York from Mixed Business to Reserve—Public
Purposes.
(iii) Rezoning the south-west portion of the Intersection of Sees Road and Quellington Road,
Malebelling from Reserve—Road to Reserve—Public Purpose.
(iv) Rezoning Lots 593 Georgiana Street and 607 and 608 Gilford Street, York (now
Lots 617 and 618) from Reserve—Recreation and Open Space to Reserve—Public
Purposes.
(v) Rezoning Lot 7 Joaquina Street, York from Town Centre to Reserve—Public Purposes.
(vi) Rezoning Lot 20 Avon Terrace, York from Reserve—Recreation and Open Space to
Town Centre.
T. BOYLE, Shire President.
R. HOOPER, Chief Executive Officer.
———————————
PL403
PLANNING AND DEVELOPMENT ACT 2005
A PPROVED LOCAL PLANNING SCHEME A MENDMENT
Shire of Ashburton
Local Planning Scheme No. 7—Amendment No. 27
Ref: TPS/1542
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 Shire of Ashburton Local Planning
Scheme amendment on 9 February 2018 for the purpose of—
Reclassifying the following land parcels from the ‘Parks, Recreation and Drainage’ reserve to
‘Residential R20’.
(a) Part Lot 277 Killawarra Drive and Amaroo Place, Tom Price
(b) Part Lot 271 Killawarra Drive and Jabbanup Place, Tom Price
Amending the Scheme Maps accordingly.
K. WHITE, President.
D. STEWART, Chief Executive Officer.
16 March 2018 GOVERNMENT GAZETTE, WA 939
P REMIER AND C ABINET
PR401
INTERPRETATION ACT 1984
MINISTERIAL A CTING A RRANGEMENTS
It is hereby notified for public information that the Governor, in accordance with Section 12(c) of the
Interpretation Act 1984 has approved the following temporary appointment—
Hon D. A. Templeman, MLA, to act temporarily in the office of Minister for Seniors and Ageing;
Volunteering; Sport and Recreation in the absence of the Hon M. P. Murray, MLA, for the period
24 July to 5 August 2018 (both dates inclusive).
D. FOSTER, Director General,
Department of the Premier and Cabinet.
———————————
PR402
INTERPRETATION ACT 1984
MINISTERIAL A CTING A RRANGEMENTS
It is hereby notified for public information that the Governor, in accordance with Section 12(c) of the
Interpretation Act 1984 has approved the following temporary appointment—
Hon W. J. Johnston, MLA, to act temporarily in the office of Minister for Tourism; Racing and
Gaming; Small Business; Defence Issues; Citizenship and Multicultural Interests in the absence
of the Hon P. Papalia, MLA, for the period 29 June to 22 July 2018 (both dates inclusive).
D. FOSTER, Director General,
Department of the Premier and Cabinet.
———————————
PR403
INTERPRETATION ACT 1984
MINISTERIAL A CTING A RRANGEMENTS
It is hereby notified for public information that the Governor, in accordance with Section 12(c) of the
Interpretation Act 1984 has approved the following temporary appointment—
Hon P. C. Tinley, MLA, to act temporarily in the office of Minister for Tourism; Racing and
Gaming; Small Business; Defence Issues; Citizenship and Multicultural Interests in the absence
of the Hon P. Papalia, MLA, for the period 24 to 29 March 2018 (both dates inclusive).
D. FOSTER, Director General,
Department of the Premier and Cabinet.
S ALARIES AND ALLOWANCES TRIBUNAL
SA401
SALARIES AND ALLOWANCES ACT 1975
D ETERMINATION V ARIATION
PREAMBLE
The Salaries and Allowances Tribunal has issued a determination to acknowledge two appointments
to the Deputy Director General positions at the Department of the Premier and Cabinet, positions
within the Special Division of the WA Public Service.
DETERMINATION
The determination of the Salaries and Allowances Tribunal made on 20 June 2017 under
sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time,
is hereby varied by a determination set out below.
This variation is effective on and from 27 December 2017.
940 GOVERNMENT GAZETTE, WA 16 March 2018
Remove reference to the offices below as they appear in ‘Table 3 Special Division Non-CEOs’ within
Part 1 of the First Schedule and insert the following—
Office Department or Agency Band Office Holder Salary
Deputy Director General Premier and Cabinet 2 M. Bradshaw $307,301
Deputy Director General Premier and Cabinet 2 M. Andrews $307,301
Signed on 20 February 2018.
W. S. COLEMAN AM, C. A. BROADBENT, B. A. SARGEANT,
Chairman. Member. Member.
Salaries and Allowances Tribunal.
———————————
SA402
SALARIES AND ALLOWANCES ACT 1975
D ETERMINATION V ARIATION
PREAMBLE
The Salaries and Allowances Tribunal has issued a determination with respect to the appointment to
the Prescribed Office position of President of the Mental Health Tribunal.
DETERMINATION
The determination of the Salaries and Allowances Tribunal made on 20 June 2017 under
sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time,
is hereby varied by a determination set out below.
This variation is effective on and from 30 December 2017.
Remove reference to the office below as it appears in ‘Table 2—Prescribed Office Holders’ within
Part 1 of the First Schedule and include the following—
Office Department or Agency Office Holder Salary
President Mental Health Tribunal K. Whitney $242,108
Signed on 20 February 2018.
W. S. COLEMAN AM, C. A. BROADBENT, B. A. SARGEANT,
Chairman. Member. Member.
Salaries and Allowances Tribunal.
———————————
SA404
SALARIES AND ALLOWANCES ACT 1975
D ETERMINATION V ARIATION
PREAMBLE
The Salaries and Allowances Tribunal has issued a determination with respect to the appointment of
the State Solicitor at the State Solicitor’s Office, a position within the Special Division of the WA
Public Service.
DETERMINATION
The determination of the Salaries and Allowances Tribunal made on 20 June 2017 under
sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time,
is hereby varied by a determination set out below.
This variation is effective on and from 17 November 2017.
Remove reference to the offices below as they appear in ‘Table 14—Remuneration and Offices’ within
Part 1 of the Second Schedule and include the following—
Office Department or Agency Band Office Holder Salary
State Solicitor Attorney General 1 N. Egan $441,164
Deputy State
Solicitor—Commercial
Attorney General 2 Vacant $-
Signed on 20 February 2018.
W. S. COLEMAN AM, C. A. BROADBENT, B. A. SARGEANT,
Chairman. Member. Member.
Salaries and Allowances Tribunal.
16 March 2018 GOVERNMENT GAZETTE, WA 941
SA403
SALARIES AND ALLOWANCES ACT 1975
D ETERMINATION V ARIATION
PREAMBLE
The Salaries and Allowances Tribunal has issued a determination to acknowledge the vacant position
of Senior Parliamentary Counsel, PCO at the Department of Justice, a position within the Special
Division of the WA Public Service.
DETERMINATION
The determination of the Salaries and Allowances Tribunal made on 20 June 2017 under
sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time,
is hereby varied by a determination set out below.
This variation is effective on and from 27 January 2018.
Remove reference to the office below as it appears in ‘Table 3 Special Division Non-CEOs’ within
Part 1 of the First Schedule—
Office Department or Agency Band Office Holder Salary
Senior Parliamentary
Counsel, PCO
Justice 4 L. O’Dwyer $250,705
Insert reference to the office below to appear in ‘Table 3 Special Division Non-CEOs’ within Part 1 of
the First Schedule—
Office Department or Agency Band Office Holder Salary
Senior Parliamentary
Counsel, PCO
Justice 4 Vacant $-
Signed on 8 March 2018.
M. SEARES AO, B. A. SARGEANT PSM,
Chair. Member.
Salaries and Allowances Tribunal.
———————————
SA406
SALARIES AND ALLOWANCES ACT 1975
D ETERMINATION V ARIATION
PREAMBLE
The Salaries and Allowances Tribunal has issued a determination with respect to the appointment of
a Deputy Parliamentary Counsel at the Parliamentary Counsel’s Office, a position within the Special
Division of the WA Public Service. This Variation also updates the departmental references in
relation to the Department of Justice.
DETERMINATION
The determination of the Salaries and Allowances Tribunal made on 20 June 2017 under
sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time,
is hereby varied by a determination set out below.
This variation is effective on and from 5 February 2018.
Remove the table under ‘Table 14—Remuneration and Offices’ within Part 1 of the Second Schedule
and include the following—
Office Department or
Agency
Band Office Holder Annual
Salary
State Solicitor, SSO Justice 1 N. Egan $441,164
Parliamentary Counsel,
PCO
Justice 1 G. Lawn $441,164
State Counsel, SSO Justice 2 G. Tannin SC $397,766
Deputy State Solicitor, SSO Justice 2 Vacant $-
Deputy State Solicitor—
Commercial, SSO
Justice 2 Vacant $-
Deputy Parliamentary
Counsel, PCO
Justice 2 U. Couper $375,819
Senior Adviser, SSO Justice 3 J. O’Halloran $354,043
Deputy State Counsel, SSO Justice 3 A. Sefton $333,003
Senior Parliamentary
Counsel, PCO
Justice 3 Vacant $-
Consultant State Prosecutor Office of the Director
of Public Prosecutions
3 A. Burrows SC $343,003
942 GOVERNMENT GAZETTE, WA 16 March 2018
Office Department or
Agency
Band Office Holder Annual
Salary
Consultant State Prosecutor Office of the Director
of Public Prosecutions
3 J. Whalley $333,003
Consultant State Prosecutor Office of the Director
of Public Prosecutions
3 L. Christian $333,003
Consultant State Prosecutor Office of the Director
of Public Prosecutions
3 J. Scholz $333,003
Consultant State Prosecutor Office of the Director
of Public Prosecutions
3 Vacant $-
Director Legal Services Office of the Director
of Public Prosecutions
3 M. Bugg $333,003
Adviser, SSO Justice 4 M. Payne $250,705
Adviser, SSO Justice 4 C. Bydder $250,705
Adviser, SSO Justice 4 A. Komninos $250,705
Adviser, SSO Justice 4 I. Petersen $250,705
Senior Parliamentary
Counsel, PCO
Justice 4 L. O’Dwyer $250,705
Senior Parliamentary
Counsel, PCO
Justice 4 Vacant $-
Signed on 20 February 2018.
W. S. COLEMAN AM, C. A. BROADBENT, B. A. SARGEANT,
Chairman. Member. Member.
Salaries and Allowances Tribunal.
———————————
SA405
SALARIES AND ALLOWANCES ACT 1975
D ETERMINATION V ARIATION
PREAMBLE
The Salaries and Allowances Tribunal has issued a determination to acknowledge the appointment to
the position of Executive Director, Courts and Tribunal Services at the Department of Justice, a
position within the Special Division of the WA Public Service.
DETERMINATION
The determination of the Salaries and Allowances Tribunal made on 20 June 2017 under
sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time,
is hereby varied by a determination set out below.
This variation is effective on and from 12 February 2018.
Remove reference to the office below as it appears in ‘Table 3 Special Division Non-CEOs’ within
Part 1 of the First Schedule and insert the following—
Office Department or Agency Band Office Holder Salary
Executive Director,
Courts and Tribunal
Services
Justice 4 J. Stampalia $212,336
Signed on 20 February 2018.
W. S. COLEMAN AM, C. A. BROADBENT, B. A. SARGEANT,
Chairman. Member. Member.
Salaries and Allowances Tribunal.
———————————
SA407
SALARIES AND ALLOWANCES ACT 1975
D ETERMINATION V ARIATION
PREAMBLE
The Salaries and Allowances Tribunal has issued a determination to acknowledge the retitling of the
Deputy Director General position and the removal and inclusion of Assistant Director General
positions and at the Department of Health, positions within the Special Division of the WA Public
Service.
16 March 2018 GOVERNMENT GAZETTE, WA 943
DETERMINATION
The determination of the Salaries and Allowances Tribunal made on 20 June 2017 under
sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time,
is hereby varied by a determination set out below.
This variation is effective on and from 20 February 2018.
Remove reference to the offices below as they appear in ‘Table 3 Special Division Non-CEOs’ within
Part 1 of the First Schedule—
Office Department or Agency Band Office Holder Salary
Deputy Director General Health 2 R. Brown $307,307
Assistant Director
General System, Policy
and Planning
Health 2 Vacant $-
Insert reference to the offices below into ‘Table 3 Special Division Non-CEOs’ within Part 1 of the
First Schedule—
Office Department or Agency Band Office Holder Salary
Deputy Director General
Strategy and
Governance
Health 2 R. Brown $307,307
Assistant Director
General Clinical
Excellence
Health 2 Vacant $-
Signed on 23 February 2018.
W. S. COLEMAN AM, C. A. BROADBENT, B. A. SARGEANT,
Chairman. Member. Member.
Salaries and Allowances Tribunal.
TRAINING
TA401
VOCATIONAL EDUCATION AND TRAINING ACT 1996
C LASSIFICATION OF PRESCRIBED V OCATIONAL E DUCATION AND TRAINING Q UALIFICATIONS
Amendment to Western Australian Government Gazette 2015/151 dated 13 October 2015
Under the Vocational Education and Training Act 1996 (the VET Act) section 60C, and subject to the
provisions of Clauses 1.26 and 1.27 of the Standards for Registered Training Organisations (RTOs)
2015 relating to the Transition of Training Products, I the Minister for Education and Training
hereby—
add the following prescribed vocational education and training qualifications—
Class B qualification
No. Qualification Conditions
Training Contract Requirements
Title on
contract
Nominal
duration
(months)
Part
time
School
based
Other
requirements
Apprenticeship
Title
681.1 ACM30617
Certificate III in
Pet Grooming
Trainee 24 Y N Pet Grooming
Dated: 11 March 2018.
Hon SUE ELLERY MLC, Minister for Education and Training.
———————————
TA402
VOCATIONAL EDUCATION AND TRAINING ACT 1996
C LASSIFICATION OF PRESCRIBED V OCATIONAL E DUCATION AND TRAINING Q UALIFICATIONS
Amendment to Western Australian Government Gazette 2015/151 dated 13 October 2015
Under the Vocational Education and Training Act 1996 (the VET Act) section 60C, and subject to the
provisions of Clauses 1.26 and 1.27 of the Standards for Registered Training Organisations (RTOs)
2015 relating to the Transition of Training Products, I the Minister for Education and Training
hereby—
delete all words in the “Conditions” column relating to PSP50416 Diploma of Government
(Investigations); and
944 GOVERNMENT GAZETTE, WA 16 March 2018
delete the following prescribed vocational education and training qualifications—
Class B qualification
No. Qualification Conditions
Training Contract Requirements
Title on
contract
Nominal
duration
(months)
Part
time
School
based
Other
requirements
Apprenticeship
Title
316.1 PSP50512
Diploma of
Government,
(Financial
Services)
See Government
Gazette 2015/151
dated 13 October
2015
Cadetship 24 Y N Part-time is
defined as a
minimum of
20 hours per
week.
Government
Financial
Services
Management
318.1 PSP50812
Diploma of
Government
(Human
Resources)
See Government
Gazette 2015/151
dated 13 October
2015
Cadetship 24 Y N Part-time is
defined as a
minimum of
20 hours per
week.
Government
Human
Resources
Management
Dated: 11 March 2018.
Hon SUE ELLERY MLC, Minister for Education and Training.
DECEASED E STATES
ZX401
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Estate of Maria Carola Lateulere, late of Tuohy Nursing Home, 22 Morrison Road, Midland 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 the deceased, who died on 9 February 2017, are required by the personal
representative, Sergio Onorato Secchia to send particulars of their claims to the personal
representative care of MDS Legal of 2nd Floor, 16 Irwin Street, Perth, Western Australia, within one
(1) month of the date of publication of this notice, after which date the personal representative may
convey or distribute the assets having regard only to the claims of which he has notice and the
personal representative will not be liable to any person of whose claim he has had no notice at the
time of distribution.
Dated: 8 March 2018.
MDS LEGAL for the personal representative.
———————————
ZX403
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Sigitas Maliunas, late of 212 Ewen Street, Woodlands, Western Australia, Caravan Manufacturer,
died on 21 July 2017.
On 7 February 2018 the Supreme Court of WA granted Probate PRO/304/2018 to Evangaline Litsa
Christodulou and Geoffrey Gordon Lyn Potter as Executors c/- Mendelawitz Morton, Commercial
Lawyers, PO Box 501, West Perth WA 6872 (Reference: H28210MO).
Creditors and other persons having claims in respect of the estate of the deceased (including to which
Section 63 of the Trustees Act 1962, relates) are required by the Executors to send particulars of their
claims to the Executors by 18 April 2018, after which date the Executors may convey or distribute the
assets, having regard only the claims of which they then have notice.
16 March 2018 GOVERNMENT GAZETTE, WA 945
ZX402
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Enid Joan Hanson, late of 16 Hamilton Court, Amaroo Village Gosnells, 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, Enid Joan Hanson, who died on 14 October 2017, are required by
the executor Neal Trevor Hanson of 16 Kookaburra Crescent, High Wycombe WA 6057 to send
particulars of their claims to him on or before the expiration of one month from the date of publication
of this notice, after which date the executors may convey or distribute the assets, having regard only
to the claims of which he then has notice.
Dated this 12th day of March 2018.
———————————
ZX404
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Sandra May Goodsir Davidson, late of 37 Bosuns Crescent, West End, Geraldton, Western Australia,
Retired, 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 9 February 2018, are required by the Executor,
Timothy Michael Hayter, Director of Mid West Lawyers Pty Ltd, Suite 1, Wiebbe Hayes House,
7 Wiebbe Hayes Lane, Geraldton, Western Australia to send particulars of their claims to them
within one (1) month from the date of publication of this notice, after which date the Executor may
convey or distribute the assets, having regard only to the claims of which they then have notice.
MID WEST LAWYERS.
———————————
ZX405
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Roland John Polette, late of 73 Wandoo Road, Broomehill West, 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 1st November 2017, are required by the Trustees of
the estate, Michael John Polette and Julie Louise Polette of care of Taylor, Nott & Molinari,
64 Austral Terrace, Katanning, to send particulars of their claims to the Trustees within one (1)
month of the date of publication of this notice, after which date the Trustees may convey or distribute
the assets, having regard only to the claims of which the Trustees then have notice.
———————————
ZX406
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in
respect of the Estates of the undermentioned deceased persons are required to send particulars of
their claims to me on or before 16 April 2018, after which date I may convey or distribute the assets,
having regard only to the claims of which I then have notice.
Aigner, Hedwig, late of Neuhofen On The Ybbs, Hiesbach 4, Austria, who died 10.09.2004
(DE33045484 EM23).
Bullen, Naldya (also known as Naldja Mary Bullen), late of Germanus Kent House, 20 Dickson Drive,
Broome, who died 30.03.2017 (DE33131635 EM26).
Carter, Geoffrey Kingsley, late of Unit 43, 21 Harvest Road, North Fremantle, found on 18.09.2017
(DE33148496 EM32).
Carter, Murray Gregory, late of Unit 7, 54 Gugeri Street, Claremont, who died 19.06.2017
(DE33145423 EM32).
Cook, Julia Mary, late of 14 Bradley Court, Samson, who died 11.01.2018 (DE19981905 EM32).
946 GOVERNMENT GAZETTE, WA 16 March 2018
Drysdale, Vivienne Ethel, late of Ben Ritcher Lodge, 480 Guildford Road, Bayswater, who died
26.01.2018 (DE33046225 EM17).
Freestone, Ronald Edward, late of 23 Woodlake Boulevard, Ellenbrook, who died 08.01.2018
(DE33052143 EM24).
Garrigan, Timothy Patrick, late of 4 Glenwood Avenue, Helena Valley, who died 23.01.2018
(DE19952854 EM38).
Gibbs, Maitland Charles, late of 3 Silvertop Terrace, Willetton, who died 14.02.2018
(DE19924087 EM13).
Lawton, Margaret Ellen, late of Regis Cypress Gardens, 22 Coongan Avenue, Greenmount, who died
20.02.2018 (DE19914641 EM17).
Peck, Fung Len, late of 83/171 St Georges Terrace, Perth, who died 09.01.2017 (PM30326952 TM44).
Ramm, Charles Noel, late of 87b Lockhart Street, Como (formerly of 6 Rails Crescent, Wungong, who
died 15.02.2018 (DE33108809 EM113).
BRIAN ROCHE, Public Trustee,
553 Hay Street, Perth WA 6000.
Telephone: 1300 746 212
P UBLIC N OTICES
ZZ401
DISPOSAL OF UNCOLLECTED GOODS ACT 1970
D ISPOSAL OF U NCOLLECTED G OODS
Notice under Part III of Intention to Sell or Otherwise Dispose of Goods
To: Lorna Hunter of 56 Gemini Way, Carlisle WA 6101, Bailor.
You were given notice on the 10th of February 2018 that the following goods—
2001 Jeep Grand Cherokee VIN# 1J4G848N8YY123003, Engine# WJUH7248D situated at
2-4 Vivian Street, Burswood, WA 6100 were ready for redelivery.
These goods are goods to the value of $2,500 to which Part III of the abovementioned Act applies.
Unless not more than one month from the date of the giving of this notice you—
(a) take redelivery of the goods or give directions for their redelivery; or
(b) give notice in writing to Auto Clamp WA Pty Ltd of PO Box 267, Victoria Park WA 6979,
bailee, that you claim that the goods exceed $3000 in value it is intended to sell or otherwise
dispose of them in accordance with the Act.
Dated: 13 March 2018.
SUE CHAPMAN, Bailee.
———————————