Waste Amendment Local Law 2018
!2018053GG! 1285 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, FRIDAY, 13 APRIL 2018 No. 53 PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT CONTENTS PART 1 Page City of Busselton Waste Amendment Local Law 2018 ............................................................ 1287 Commission for Occupational Safety and Health (Appointment of Members) Instrument (No. 2) 2018 ............................................................................................................................. 1289 Liquor Control (Kunawarritji Restricted Area) Amendment Regulations 2018 ..................... 1288 Queen’s Birthday Holiday 2020 and 2021 Proclamation 2018 ................................................ 1287 ——— PART 2 Deceased Estates ....................................................................................................................... 1300 Fire and Emergency Services .................................................................................................... 1291 Health ......................................................................................................................................... 1291 Justice......................................................................................................................................... 1292 Local Government ...................................................................................................................... 1293 Minerals and Petroleum ............................................................................................................ 1295 Planning ..................................................................................................................................... 1296 Police .......................................................................................................................................... 1300
GOVERNMENT GAZETTE PUBLISHING DETAILS FOR EASTER AND ANZAC DAY 2018 A Gazette will be published at noon on Thursday 29th March and closing time for copy is Tuesday 27th March at noon. A Gazette will be published at noon on Friday 6th April and closing time for copy is Wednesday 4th April at noon. The Gazette will not be published on Tuesday 3rd April 2018. The closing time for copy for Gazette published Friday 27th April 2018 is Tuesday 24th April at noon. IMPORTANT COPYRIGHT NOTICE © State of Western Australia This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from the Attorney General for Western Australia. Inquiries in the first instance should be directed to the Government Printer, State Law Publisher, 10 William St, Perth 6000. PUBLISHING DETAILS The Western Australian Government Gazette is published by State Law Publisher for the State of Western Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or unforeseen circumstances. Special Government Gazettes containing notices of an urgent or particular nature are published periodically. The following guidelines should be followed to ensure publication in the Government Gazette— • Material submitted to the Executive Council prior to gazettal will require a copy of the signed Executive Council Minute Paper. • Copy must be lodged with the Publication Officer, State Law Publisher no later than 12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)— Email address: Postal address: slp@dpc.wa.gov.au State Law Publisher Lower Ground Floor, 10 William St. Perth, 6000 Telephone: 6552 6000 • Inquiries regarding publication of notices can be directed to the Publications Officer on (08) 6552 6012. • Lengthy or complicated notices should be forwarded early to allow for preparation. Failure to observe this request could result in the notice being held over. If it is necessary through isolation or urgency to email or fax copy, confirmation is not required by post. If original copy is forwarded later and published, the cost will be borne by the advertiser.
13 April 2018 GOVERNMENT GAZETTE, WA 1287 — PART 1 — PROCLAMATIONS AA101 Public and Bank Holidays Act 1972 Queen’s Birthday Holiday 2020 and 2021 Proclamation 2018 Made by the Governor in Executive Council under the Public and Bank Holidays Act 1972 section 5 and the Second Schedule.
- Citation This proclamation is the Queen’s Birthday Holiday 2020 and 2021 Proclamation 2018.
- Queen’s Birthday Holiday (1) In 2020 the Celebration Day for the Anniversary of the Birthday of the Reigning Sovereign is to be Monday 28 September 2020. (2) In 2021 the Celebration Day for the Anniversary of the Birthday of the Reigning Sovereign is to be Monday 27 September 2021. K. SANDERSON, Governor. L.S. W. JOHNSTON, Minister for Commerce and Industrial Relations. LOCAL GOVERNMENT LG301 WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 LOCAL GOVERNMENT ACT 1995 City of Busselton WASTE AMENDMENT LOCAL LAW 2018 Under the powers conferred by the Local Government Act 1995, the Waste Avoidance and Resource Recovery Act 2007 and under all other powers enabling it, the Council of the City of Busselton resolved on 28 March 2018 to make the following local law.
- Title This is the City of Busselton Waste Amendment Local Law 2018.
1288 GOVERNMENT GAZETTE, WA 13 April 2018 2. Commencement This local law commences on the 14th day after the day on which it is published in the Government Gazette. 3. Principal Local Law This local law amends the City of Busselton Waste Local Law 2016 as published in the Government Gazette on 3 January 2017. 4. Clause 5.5 added After clause 5.4 insert— 5.5 Objection and appeal rights Division 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary or cancel— (a) an approval under clause 2.7(b); (b) an exemption under clause 2.8(2); (c) an authorisation under clause 2.9(1)(c); (d) an approval under clause 2.10(1); (e) an authorisation under clause 3.2(1)(c); (f) an approval under clause 3.2(2)(a); and (g) an approval under clause 3.3. ———— Dated: 5 April 2018. The Common Seal of the City of Busselton was affixed by authority of a resolution of the Council in the presence of— GRANT DOUGLAS HENLEY, Mayor. PAUL SCOTT NEEDHAM, A/Chief Executive Officer. ———— Consented to— MIKE ROWE, Chief Executive Officer, Department of Water and Environmental Regulation. Dated this 20th day of March 2018. RACING, GAMING AND LIQUOR RA301 Liquor Control Act 1988 Liquor Control (Kunawarritji Restricted Area) Amendment Regulations 2018 Made by the Governor in Executive Council.
- Citation These regulations are the Liquor Control (Kunawarritji Restricted Area) Amendment Regulations 2018.
- 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.
13 April 2018 GOVERNMENT GAZETTE, WA 1289 3. Regulations amended These regulations amend the Liquor Control (Kunawarritji Restricted Area) Regulations 2011. 4. Regulation 10 amended In regulation 10 delete “3 May 2018.” and insert: 3 May 2021. N. HAGLEY, Clerk of the Executive Council. WORKSAFE WS301 Occupational Safety and Health Act 1984 Commission for Occupational Safety and Health (Appointment of Members) Instrument (No. 2) 2018 Made by the Governor in Executive Council.
- Citation This instrument is the Commission for Occupational Safety and Health (Appointment of Members) Instrument (No. 2) 2018.
- Term used: commencement day In this instrument — commencement day means — (a) if this instrument is made on or before 4 April 2018 — 4 April 2018; or (b) if this instrument is made after 4 April 2018 — the day on which this instrument is made.
- Appointment of members under the Occupational Safety and Health Act 1984 section 6(2)(d)(iii) The following persons, having been nominated by the Minister (after consultation with the Chamber of Commerce and Industry of Western Australia (Inc) and UnionsWA) for appointment
1290 GOVERNMENT GAZETTE, WA 13 April 2018 under the Occupational Safety and Health Act 1984 section 6(2)(d)(iii) as members of the Commission for Occupational Safety and Health, are appointed to hold office under that provision for the term that commences on the commencement day and ends on, and includes, 3 April 2021 — (a) Matthew Lyall Davies; (b) Jacqueline Erica Fritschi. R. NEILSON, Clerk of the Executive Council. ———————————
13 April 2018 GOVERNMENT GAZETTE, WA 1291 — PART 2 — FIRE AND EMERGENCY SERVICES FE401 BUSH FIRES ACT 1954 TOTAL FIRE BAN DECLARATION Correspondence No. 12080 Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a total fire ban for 9th April 2018 from 0600hrs to midnight for the local government districts of— Kalgoorlie-Boulder, Dundas, Menzies BRADLEY STRINGER, Assistant Commissioner of the Department of Fire and Emergency Services, as a sub-delegate of the Minister under section 16 of the Fire and Emergency Services Act 1998. HEALTH HE401 HEALTH PRACTITIONER REGULATION NATIONAL LAW (WESTERN AUSTRALIA) ACT 2010 HEALTH PRACTITIONER REGULATION NATIONAL LAW (WESTERN AUSTRALIA) MEDICAL (AREA OF NEED) DETERMINATION (NO. 7) 2018 Made by the Chief Medical Officer, pursuant to section 67(5) of the Schedule of the Health Practitioner Regulation National Law (Western Australia). Citation
- This determination may be cited as the Medical (Area of Need) Determination (No. 7) 2018. Commencement
- This determination comes into operation on the day on which it is published in the Government Gazette. Area of need
- The area of need specified in the Schedule is determined to be an area of need for the purposes of section 67(5) of the Schedule of the Health Practitioner Regulation National Law (Western Australia). Expiry of determination
- This determination expires on 6 February 2020. SCHEDULE GENERAL MEDICAL SERVICES IN THE SUBURB OF WARNBRO IN THE CITY OF ROCKINGHAM Dated this 5th day of April 2018. Professor DAVID FORBES, A/Chief Medical Officer, Department of Health As delegate of the Minister for Health.
1292 GOVERNMENT GAZETTE, WA 13 April 2018 JUSTICE JU401 LEGAL PROFESSION RULES 2009 ELECTED MEMBERS AND MEMBERS OF THE LEGAL PRACTICE BOARD OF WESTERN AUSTRALIA It is hereby notified for general information in accordance with Rule 36 of the Legal Profession Rules 2009 that—
- The following practitioners were elected members of the Legal Practice Board for a two year term commencing Thursday 5 April 2018— Anna Maria Liscia John Robert Broderick Ley John George Syminton John James Hockley Anna Ciffolilli Stephen John Lemonis
- The Board as constituted under Section 536 of the Legal Profession Act 2008 consists of the following members— John Robert Quigley (Attorney General) Peter Damien Quinlan SC (Solicitor General) Carmel Barbagallo SC Michael Rodney Berry SC John Basil Blackburn SC Martin David Cuerden SC Stephen Michael Davies SC Brahmananda Dharmananda SC Kanagammah Dharmananda SC Grant Richard Donaldson SC The Honourable Peter M’Callum Dowding SC Karen Josephine Farley SC Amanda Louise Forrester SC Simon Dieter Freitag SC Rodney Stuart Hooper SC Matthew Daunton Howard SC Darren John Jackson SC Theo Lampropoulos SC Gregory Malcolm Grant McIntyre SC Robert Kenneth O’Connor SC Stephen Owen-Conway SC Thomas Francis Percy SC Kenneth Malcolm Pettit SC Mark Timothy Ritter SC Christopher Patrick Shanahan SC Marcus Nathan Solomon SC George Thomas Warren SC James Austin Thomson SC Joshua Andrew Thomson SC Sam Vandongen SC John Cameron Vaughan SC Kimberley Robert Wilson SC Paul Denis Yovich SC Christopher Louis Zelestis QC Matthew Howard Zilko SC Anna Ciffolilli Natalie Belinda Dimmock John Gaetano Mario Fiocco Rebecca Tenille Heath John James Hockley John Robert Broderick Ley Stephen John Lemonis Anna Maria Liscia Gary Norman Mack Deborah Louise Pearman Sabina Marie Schlink John George Syminton Dated this 9th day of April 2018. ELIZABETH ROSE ALISON FULHAM, Secretary to the Legal Practice Board of Western Australia, Perth.
13 April 2018 GOVERNMENT GAZETTE, WA 1293 LOCAL GOVERNMENT LG401 LOCAL GOVERNMENT ACT 1995 City of Rockingham BASIS OF RATES 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 March 2018 determine that the method of valuation to be used by the City of Rockingham, 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 245 to 247 inclusive, Lots 262 to 267 inclusive and Lot 375 as shown on Deposited Plan 411178 and Lots 114 to 124 inclusive and Lots 157 to 161 inclusive as shown on Deposited Plan 412121. MICHAEL CONNOLLY, Deputy Director General—Regulation, Department of Local Government, Sport and Cultural Industries. ——————————— LG402 LOCAL GOVERNMENT ACT 1995 City of Wanneroo BASIS OF RATES 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 27 March 2018 determine that the method of valuation to be used by the City of Wanneroo, 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 174 to 180 inclusive, Lots 219 to 226 inclusive, Lots 239 to 254 inclusive, Lots 261 to 269 inclusive and Lots 276 to 279 inclusive as shown on Deposited Plan 408503. MICHAEL CONNOLLY, Deputy Director General—Regulation, Department of Local Government, Sport and Cultural Industries. ——————————— LG403 TOWN OF PORT HEDLAND APPOINTMENT It is hereby notified for public information that Christoph Matzen has been appointed as an Authorised Officer/Ranger in accordance with the various Acts, Regulations and Local Laws as detailed hereunder— • Dog Act 1976 and Regulations • Control of Vehicles (Off-road Areas) Act 1978 and Regulations • Litter Act 1979 and Regulations • Local Government Act 1995 and Regulations • Local Government (Miscellaneous Provisions) Act 1960 • Town of Port Hedland Local Laws • Emergency Management Act 2005 and Regulations • Bush Fires Act 1954 and Regulations • Caravan Parks and Camping Grounds Act 1995 and Regulations • Cat Act 2011 and Regulations • Fines, Penalties and Infringement Notices Enforcement Act 1994 and Regulations It is hereby also advised that the appointments of Brendon Lions and Jack Krisanski are to be revoked. DAVID PENTZ, Chief Executive Officer.
1294 GOVERNMENT GAZETTE, WA 13 April 2018 LG404 DOG ACT 1976 CAT ACT 2011 Town of Port Hedland APPOINTMENTS The following person is appointed as a Registration Officer under Division 1 of the Cat Act 2011— • Zoey Paley The following person is appointed as a Registration Officer under Part III of the Dog Act 1976— • Zoey Paley Additionally, the appointment of Fiona Smith is hereby revoked. DAVID PENTZ, Chief Executive Officer. ——————————— LG501 BUSH FIRES ACT 1954 Shire of Broome BUSHFIRE HAZARD REDUCTION ORDER Notice to owners and/or occupiers of land within the Shire of Broome Pursuant to Section 33 of the Bush Fires Act 1954 you are hereby required on or before 15 May 2018, or within 14 days of the date of you becoming owner or occupier should this occur after 15 May 2018, to comply with the following provisions of this order and you must maintain the property in the required condition until 31 December 2018— A. Properties greater than 2000 square metres (i) Trafficable firebreaks must be installed on the land and the firebreaks clear of flammable material. The firebreaks must be within ten (10) metres of all external boundaries. (ii) A twenty (20) metre “parkland cleared” low fuel buffer zone must be established around all buildings on the property, which must be clear of all flammable material. B. Properties 2000 square metres or less (i) All grasses are to be maintained below 100mm in height by moving or slashing or other means. All flammable material must be removed from the whole of the land except living trees. C. Fuel dumps and depots (i) On all land where fuel drum ramps are located and where fuel dumps, whether containing fuel or not, are stored, a firebreak must be cleared and maintained at least five (5) metres wide around any drum, ramp or stack of drums. The provisions of the order must be complied with DEFINITIONS “Flammable material” is defined for the purposes of this notice to include long dry grass, leaves, bark, timber, boxes, cartons, paper and like flammable materials, rubbish and also any combustible matter, but does not include living trees, shrubs, growing bushes and plants under cultivation or mulch with an average depth of less than 10cm. “Parkland cleared” is defined for the purpose of this notice as land that is maintained in a low fuel state. It may contain regularly maintained gardens, trees, shrubs and short grass. It must be kept in such a state that fire cannot be sustained readily upon the land. “Trafficable” means a pathway clear of all vegetation and obstructions that is not less than 3 metres wide with a vertical clearance of not less than 4 metres and allows the safe passage of a fire fighting appliance of a type used by the Department of Fire and Emergency Services. RESTRICTED BURNING PERIOD The Shire of Broome Restricted Burning Period is between 1 April 2018 and 31 December 2018. During this period, the burning of any material throughout the Shire is not permitted unless a written permit has been obtained from an authorised Bush Fire Control Officer. A Bush Fire Control Officer can be contacted at the Shire of Broome on (08) 9191 3456. Please note that the above dates may be varied according to seasonal conditions, but that any changes will be advertised. ALTERNATIVE FIREBREAKS Should you consider it to be impracticable for any reason to clear firebreaks or remove flammable material from the land as required by this notice, you may apply to the Shire of Broome in writing no later than 23 April 2018 for permission to provide firebreaks in alternative positions or to take alternative action to abate fire hazards on the land. If permission is not granted in writing by the Shire prior to 15 May 2018, you must comply with the requirements of this notice. If written permission to provide alternative firebreaks has been granted, you must comply with all conditions endorsed on the permit If at the time this Fire Break Order comes into effect the agreed
13 April 2018 GOVERNMENT GAZETTE, WA 1295 variations (if any) have not been installed to the required standard then the requirements of the order will prevail and the Shire may, under the provisions of the Bush Fires Act 1954 take measures to make the property compliant with the order. Any alternative firebreak provided for in accordance with an approved Bushfire Management Plan or variation must be trafficable and placed in accordance with the extent and location depicted on the Bushfire Management Plan or variation. PENALTIES The penalty for failing to comply with this notice under Section 33 of the Bush Fires Act 1954 is a modified penalty of $250 or a penalty of up to $5000 if convicted by a Court. Any person failing to comply with this notice may also be liable, whether prosecuted or not, to pay the cost of the Shire of Broome obtaining contractors to perform any fire hazard reduction works on the property. S. MASTROLEMBO, Chief Executive Officer. MINERALS AND PETROLEUM MP401 MINING ACT 1978 INSTRUMENT OF EXTENSION OF TERM OF EXEMPTION OF LAND I, Anthony Thomas Bullen, acting Executive Director, Resource Tenure, pursuant to section 19 of the Mining Act 1978, hereby extends the exemption originally declared on 20 April 2016 and published in the Government Gazette dated 6 May 2016 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 period of two years expiring on 19 April 2020. Locality Coolgardie Description of Land Land designated S19/367 in the Tengraph electronic plan of the Department of Mines, Industry Regulation and Safety. A geospatial description is filed in the Department of Mines, Industry Regulation and Safety electronic file number A2233/201001, document ID 414189. Area of Land 79.0712 hectares Dated at Perth this 6th day of April 2018. ANTHONY THOMAS BULLEN, Acting Executive Director, Resource Tenure. ——————————— MP402 MINING ACT 1978 APPLICATION FOR AN ORDER 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 21 June 2018. MURCHISON MINERAL FIELD Prospecting Licences P 58/1650 Darnell, Kenneth James P 58/1712 Adams, James William Anderson, Ronald James P 58/1713 Reardon, Michael Robert YALGOO MINERAL FIELD Prospecting Licences P 59/2107-S Steinki, Shannon P 59/2109-S Steinki, Shannon
1296 GOVERNMENT GAZETTE, WA 13 April 2018 MP403 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, 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 for forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for non payment of rent. J. SCUTT, Warden. ———— To be heard by the Warden at Mt. Magnet on 21 June 2018. EAST MURCHISON MINERAL FIELD Prospecting Licences P 57/1349 Tilbrook, Howard William P 57/1399 Tilbrook, Howard William MURCHISON MINERAL FIELD Prospecting Licences P 58/1728 Wright, Abraham William P 58/1731 JKS Industries Pty Ltd YALGOO MINERAL FIELD Prospecting Licences P 59/2096 Vernon, Paul Donald P 59/2097 Vernon, Paul Donald P 59/2117 Murchison Earthmoving & Rehabilitation Pty Ltd P 59/2118 Murchison Earthmoving & Rehabilitation Pty Ltd PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Augusta-Margaret River Local Planning Scheme No. 1—Amendment No. 16 Ref: TPS/1507 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 Augusta-Margaret River Local Planning Scheme amendment on 8 March 2018 for the purpose of—
- Rezoning Lot 9000 Brockman Road, Cowaramup from ‘General Agriculture’ to ‘Future Development’ by amending the Scheme Map accordingly; and
- Including Lot 9000 Brockman, Cowaramup within a ‘Structure Plan Area’ with the following provisions being introduced into Schedule 11 of the Scheme and amending the Scheme maps accordingly. Area No. (SPA) Description of Land Area Land Use Expectation Matters to be addressed in Structure Plans (in addition to Clause 6.2.4) Associated Provisions 34 Lot 9000 Brockman Road, Cowaramup Residential Use as outlined in the endorsed Structure Plan The Structure Plan is to be prepared in accordance with Clause 6.2 of the Scheme and is to address the following—
- Preparation, adoption and implementation of an endorsed Bushfire Management Plan, by the Department
- The minimum rear setback for those lots abutting Brockman Road is to be in accordance with the rear setback line identified on the Structure Plan.
- Fencing shall be to an open style standard for all lots to the satisfaction of the Shire, and in consultation with the Department of Parks and Wildlife, except where otherwise stipulated in the restrictive
13 April 2018 GOVERNMENT GAZETTE, WA 1297 Area No. (SPA) Description of Land Area Land Use Expectation Matters to be addressed in Structure Plans (in addition to Clause 6.2.4) Associated Provisions of Fire and Emergency Services in consultation with the Department of Parks and Wildlife. 2. Landscape Development and Management. 3. Urban Water Management issues. 4. Vegetation protection via the identification of a ‘Landscape Protection Area’. 5. The creation and protection of a buffer to the adjoining vineyard adjacent to the Brockman Road Reserve. 6. Fencing around the perimeter of the Landscape Protection Area. 7. Contributions to Main Roads WA for upgrading and improvements at the intersection of Memorial Drive and Bussell Highway. 8. Connection to a reticulated water and sewer system. 9. The provision of pedestrian pathways. covenant and/or approved Bushfire Management Plan in order to manage and protect existing remnant vegetation in perpetuity. 3. The carrying of any livestock is only permitted on the proposed lot identified on the Local Structure Plan with the planning approval of the Local Government and in accordance with the provisions of the local planning scheme. Stock shall be excluded from the Landscape Protection Area within this lot. 4. Building setbacks on all lots shall be in accordance with the corresponding density coding as set out within Table 1 (as amended) of the Residential Design Codes of Western Australia (R-Codes) unless otherwise varied by the setback requirements set out within the approved Bushfire Management Plan, Structure Plan and other provisions. 5. Development of habitable buildings is not permitted in the 80m Cropping Setback area. 6. Habitable buildings built to a BAL29 standard are to be located no closer to the identified Landscape Protection Area than depicted by the ‘BAL29 Fire Buffer’ line. 7. Fire breaks shall be installed outside the Landscape Protection Area in accordance with the adopted Bushfire Management Plan. 8. Development of lots containing existing dwellings should occur in existing cleared areas to minimse impact to the Landscape Protection Area. 9. Contributions to Main Roads WA for upgrading and improvements at the intersection of Memorial Drive and Bussell Highway. I. EARL, Shire President. G. EVERSHED, Chief Executive Officer. ——————————— PL402 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Boyup Brook Local Planning Scheme No. 2—Amendment No. 16 Ref: TPS/1801 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 Boyup Brook Local Planning Scheme amendment on 6 April 2018 for the purpose of—
- Zoning Lot 1 Forrest Street, Boyup Brook from Parks and Recreation Reserve to Residential R15/R30 amd amending the Scheme maps accordingly.
- Zoning portion of the Railway Parade road reserve, Boyup Brook from Parks and Recreation to No Zone and amending the Scheme maps accordingly.
1298 GOVERNMENT GAZETTE, WA 13 April 2018 3. Inserting a new sub clause to 5.1.2 Residential Planning Codes: Variations and Exclusions as follows— 5.1.2.2 Where a lot has dual density coding R15/30, the local government may approve residential development at a higher code where development is connected to a Septic Tank Effluent Disposal (STED) community scheme; and 4. Re-numbering subsequent sub-clauses accordingly. G. AIRD, Shire President. A. LAMB, Chief Executive Officer. ——————————— PL403 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Esperance Local Planning Scheme No. 24—Amendment No. 1 Ref: TPS/2145 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 Esperance Local Planning Scheme amendment on 6 April 2018 for the purpose of—
- Amending Clause 1.(b) in Schedule 1 by replacing it with— ‘Schedule 7—Parking and Landscaping by Land Use applies when referenced though Schedule 6—Development Provisions by Zone and when Schedule 7—Parking and Landscaping by Land Use references Schedule 6—Development Provisions by Zone.’
- Amending Schedule 6 by inserting the following under Minimum Landscaping and Minimum Car Spaces (Space/Sq. Metre) for the ‘Residential’ zone ‘Where the use is listed in the R-Codes development is to be as per the R-Codes. Where the use is not defined in the R-Codes development is to be as per Schedule 7.’
- Amending Schedule 7 by inserting ‘Family day care’ with no landscaping and parking requirements of 1 bay per 2 children rounded up.’
- Amending Schedule 7 by splitting ‘Fast food outlet/lunch bar’ into ‘Fast food outlet’ and ‘Lunch bar’ and keep the original development standards for both.
- Amending Schedule 7 by inserting ‘Industry’ and having the same landscaping and parking requirements as ‘General Industry’ in Schedule 6.
- Amending Schedule 7 by inserting ‘Industry—light’ and having the same landscaping and parking requirements as ‘Light Industry’ in Schedule 6 excluding the reference to Schedule 7.
- Amending Schedule 7 by inserting’ Repurposed dwelling’ and having ‘The same parking requirements as single house’.
- Amending Schedule 7 by inserting’ Residential Building’ and having the same parking requirements as Single house in the R-Codes with one extra bay per bedroom over 4 bedrooms.’
- Amending Schedule 7 by inserting’ Second-hand dwelling’ and having the same parking requirements as single house’.
- Amending Table No. 4—Zoning and Land Use Table by changing the permissibility of ‘Special purpose dwelling’ to ‘X’ in the ‘Commercial’ zone.
- Amending Table No. 4—Zoning and Land Use Table by changing ‘Special purpose dwelling’ to ‘Aged or dependent persons’ dwelling.
- Amending Table No. 4—Zoning and Land Use Table by inserting ‘Single bedroom dwelling with a ‘D’ in the ‘Residential’ and ‘Rural Townsite’ zones and an ‘X’ in all other zones.
- Renumbering Schedule 1 Clause 15 to Schedule 1 Clause 16 and renumber all subsequent clauses and related references accordingly.
- Amending Schedule 1 by inserting as Clause 15—Car Parking (a) ‘Where the development is a use not listed within Schedule 7 or have an alternative parking calculation in Schedule 6, the number of parking spaces is to be determined by the local government having due regard to— (i) the nature of the proposed development; (ii) the number of employees or others likely to be engaged in the use of the land; (iii) the anticipated demand for visitor parking; (iv) The availability of on street parking; and (v) the orderly, proper and sustainable planning of the area. (b) Where a proposed development is adjacent to on street parking and is within the Commercial zone or Additional Use A6, the local government may approve a reduced number of bays specified in Schedule 6 or 7 having due regard to subclause (a) when considering the total number of parking spaces required for the development.’
13 April 2018 GOVERNMENT GAZETTE, WA 1299 15. Amending Schedule 3 Additional Use A6 by deleting Clause 6 (b) and the ‘and’ after Clause 6(a). 16. Amending Schedule 3 Additional Use A6 by inserting after Clause 6(a)— (b) ‘Existing and proposed dwellings shall be connected to reticulated sewerage system, prior to occupation of new development. (c) The difference in natural ground levels within the site and adjacent land will not result in excessive bulk, visual privacy or overlooking problems and will not require excessively high retaining walls.’ 17. Amending Schedule 1 Clause 4.(j) by replacing the ‘Rural Residential Areas’ with ‘Rural Smallholding Areas’. 18. Amending the heading in Schedule 1 Clause 5 by inserting, ‘Rural Residential’ after ‘Rural’. 19. Amending Schedule 1 Clause 5 by inserting ‘(Unless located within SCA 1 where Schedule 2 Clause 1 applies)’ after ‘100 metres’. 20. Amending Schedule 1 Clause 11 (iii) by replacing the word ‘of’ with ‘or’. 21. Amending Schedule 1 Clause 17 (c) by inserting, ‘Tourism’ after ‘Commercial’. 22. Amending Schedule 8 No. RR2 by deleting Clause 10. 23. Amending Schedule 1 Clause 34 by inserting at the beginning and renumbering the remainder of the clause— (a) ‘An application for development approval is required for the development of Telecommunications Infrastructure excluding those listed in the Telecommunications Low Impact Facilities Determination 1997 and subsequent amendments to that determination.’ 24. Amending the Scheme Map by reclassifying a portion of Reserve 22796 to ‘Environmental Conservation’ as depicted on the Amendment Map. 25. Amending the Scheme Map by classifying Reserve 42379 ‘Infrastructure Services’ as depicted on the Amendment Map. 26. Amending the Scheme Map by classifying Reserve 48955 ‘Infrastructure Services’ as depicted on the Amendment Map. 27. Amending the Scheme Map by rezoning a portion of Lot 3030 White Street, Nulsen from ‘Residential’ R20 to ‘Residential’ R40 as depicted on the Amendment Map. 28. Amending Schedule 1 Clause 24 by renumbering subclause ‘(a)’ to ‘(b)’. 29. Amending Schedule 1 Clause 24 by inserting the following as subclause (a)— ‘Notwithstanding any other requirement of the Scheme, all Repurposed dwelling require the planning approval of the local government.’ 30. Amend the Scheme by deleting the definition of ‘Windfarm’ for Clause 38. 31. Amend the Scheme by replacing ‘central area, shops and offices or industrial zones’ with ‘commercial, local centre, mixed use or general industry zones’ in the objective for ‘Light Industry’ in Table No. 3, in the third dot point. 32. Amend the Scheme by replacing the address in Schedule 3 for Additional Use 15 with ‘Lot 35 Merivale Road, Myrup’. 33. Amend the Scheme by numbering the clause under Schedule 2 SCA 5 (c) as ‘(i)’. 34. Amend the Scheme by amending Schedule 2 SCA 5 by inserting an new clause in clause (c) stating ‘Outbuildings with an area of 10m2 or less and a height of 2.4m or less do not require approval unless otherwise specified in the Scheme (other than in this clause). 35. Amend the Scheme by changing the permissibility of ‘Community Purpose’ from ‘X’ to ‘D’ in the ‘General Industry’ zone in Table 4. 36. Amend the Scheme by replacing the ‘12’ in Schedule 1 Clause 13. (d) with ‘13’. 37. Amend the Scheme by amending Schedule 2 SCA 8 by inserting an new clause in clause (c) stating— ‘Outbuildings with an area of 10m2 or less and a height of 2.4m or less do not require approval unless otherwise specified in the Scheme (other than in this clause). 38. Amend the Scheme by changing the permissibility of ‘Brewery’ from ‘X to ‘I’ in the ‘Commercial’ zone in Table 4. 39. Amend the Scheme by renumbering all clauses to take into account deletions, additions and modifications and renaming any agency names that have changed since gazettal of the Scheme. 40. Amend Schedule 2—4(d) to read as follows— ‘(d) Development Requirements (i) The local government may refuse any application for planning approval or impose conditions on any planning approval so as to— i. protect the resource; and ii. require the registration of a notification under section 70A of the Transfer of Land Act 1893 on the title to the land giving notice of any limitations or constraints associated with the protection of resources at the applicant’s cost.
1300 GOVERNMENT GAZETTE, WA 13 April 2018 (ii) Despite any other provision of the Scheme planning approval cannot be issued unless the proposal complies with the provisions of Water Quality Protection Note 25 Land Use Compatibility in Public Drinking Water Source Areas unless it is satisfactory to the Department of Water and Environmental Regulation.’ 41. Amend the Scheme text by deleting Schedule 2—4.(e)(iii). V. BROWN, President. M. SCOTT, 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, Christopher John 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 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: 5 April 2018. CHRIS DAWSON, Commissioner of Police. ———— Surname First Name State Pilot Licence Number Training Provider Pumpa Keri-Anne NSW 01089 Pentrans Humphrys Mark WA 01090 Employment Training Solutions Thill Derek WA 01091 Employment Training Solutions Aitchison Melanie WA 01092 Employment Training Solutions Spinks Carl WA 01093 Employment Training Solutions DECEASED ESTATES ZX401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Estate of the late Helen McDonald Tonkin, late of Unit 6, 28-30 Moat Street, Silver Sands, 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 7 October 2016, are requested by the Executor, David McDonald Parker, care of HHG Legal Group, Level 1, 16 Parliament Place, West Perth, Western Australia to send particulars of their claims to the address stated herein within 30 days 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 then has notice. ——————————— ZX402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Michelle Anne Maley, late of 13 Dancy Way, Seville Grove 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 above deceased, who died on or about 29 January 2017, are required by the
13 April 2018 GOVERNMENT GAZETTE, WA 1301 deceased’s personal representative to send particulars of their claim to the solicitor of the executor Nerys A Lloyd, George Lawyers, PO Box 929, Balcatta WA 6914 within 30 days 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 she then has notice. ——————————— ZX403 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Any creditors having claims on the estate of the late Iris Vernon of Brightwater Madeley, 95 Imperial Circuit, Madeley, Western Australia, deceased 26 July 2017, are required to send particulars of their claims to Dena Allport, executor, c/- Lynn and Brown Lawyers, PO Box 1114, Morley WA 6943 by 15 May 2018, after which date the executor may distribute the assets having regard only to the claims of which they then have notice. ——————————— ZX404 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants John Barry Rowe, late of 115 Flemington Street, Albany, 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 24 September 2015, are required by the trustee of the late John Barry Rowe of care of Philip Wyatt Lawyers, PO Box 1026, Albany, Western Australia 6331 to send particulars of their claims to them within one (1) month from the date of publication of this notice, after which date the trustee may convey or distribute the assets, having regard only to the claims of which it then has notice. Dated this 10th day of April 2018. PHILIP WYATT LAWYERS. ——————————— ZX405 TRUSTEES ACT 1962 DECEASED ESTATES 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 Estate of Hendrikus Johannes Giele, late of Woodstock West, Unit 3/146 Strickland Street, East Bunbury WA 6230 deceased, who died on 19 March 2018, are required by the executors of the estate namely Jacqueline Catherine Giele and Antony Peter Giele to send particulars of their claim to them c/- 4 Sherry Street, Bunbury WA 6230, within 30 days of the date of this publication, after which date the executors may convey or distribute the assets having regard only to the claims of which they then have notice. ——————————— ZX406 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Robert Allan Taylor, late of no fixed address, Geraldton 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 Allan Taylor deceased, who died on 27th day of January 2016 at Bowes River Bridge, North West Coastal Highway, Bowes in the said State, are required by the personal representative to send particulars of their claims to Bradley James Dowling, 163 Clifton Downs Road, Herron, Western Australia 6211 by the date one month following the 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 then had notice.
1302 GOVERNMENT GAZETTE, WA 13 April 2018 ZX407 TRUSTEES ACT 1962 DECEASED ESTATES 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 13 May 2018, after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice. Anderson, Patricia Marie, also known as Patrica Marie Anderson, late of 23 Rosella Circle, Ballajura, who died 02.02.2018 (DE19812628 EM35). Armstrong, Annie Jean, late of Wearne Hostel, 522/1 Gibney Street, Cottesloe, who died 19.03.2018 (DE19581463 EM36). Bak, Maria, late of 39 Hayes Street, Bunbury, who died 04.03.2018 (DE19591447 EM16). Farrall, Geoffrey Hobbs, late of Regents Garden, 22/2 Amur Place, Bateman, who died 11.02.2018 (DE19933012 EM36). Harrison, Lillian May, also known as Maisie Harrison, late of Germanus Kent House, 20 Dickson Drive, Broome, who died 30.01.2018 (DE33089386 EM21). Maddox, William Michael, late of 97 Etchingham Road, Balga, who died 24.03.2018 (DE19890364 EM23). Shaw, Patricia Lillian, also known as Patricia Lillian Sappok, late of Brightwater Redcliffe, 21-23 Johnson Street, Redcliffe, who died 30.01.2018 (DE33041114 EM15). BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212 ——————————— ZX408 PUBLIC TRUSTEE ACT 1941 ADMINISTERING OF ESTATES Notice is hereby given that pursuant to Section 14 of the Public Trustee Act 1941 and amendments the Public Trustee has elected to administer the estates of the undermentioned deceased persons. Dated at Perth on the 13th day of April 2018. BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212 ———— Name of Deceased Address Date of Death Date Election Filed Dann, Edgar (DE33111015 EM17) Late of Poinciana Lodge, Carnarvon Hospital, Cleaver Street, Carnarvon 18 September 2014 3 April 2018 White, Lawrence Edwin (DE19982557 EM17) Late of Juniper Ella Williams, 77 Camboon Road, Noranda, formerly of Unit 25C, 30 Winifred Road, Bayswater 19 October 2017 28 March 2018 ———————————