City of Armadale Local Government Property Amendment Local Law 2022
4651 ISSN 2204-4264 (online) PERTH, TUESDAY, 13 SEPTEMBER 2022 No. 136 PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CONTENTS PART 1 Nil ——— PART 2 Page Cemeteries ......................................................................................................................................... 4653 Consumer Protection ......................................................................................................................... 4654 Energy ................................................................................................................................................ 4654 Justice ................................................................................................................................................ 4655 Local Government .............................................................................................................................. 4656 Parliament ......................................................................................................................................... 4663 Planning ............................................................................................................................................. 4663 Public Notices..................................................................................................................................... 4666
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13 September 2022 GOVERNMENT GAZETTE, WA 4653 — PART 2 — CEMETERIES CE401 CEMETERIES ACT 1986 Shire of Capel SCHEDULE OF FEES AND CHARGES 2022-2023 Under the powers conferred by Section 53 of the Cemeteries Act 1986, the Council of the Shire of Capel resolved on the 27 July 2023 (OC/2022/137 to adopt the schedule of Fees and Charges, effective from 1 October 2022. Fees and charges including 10% GST unless otherwise noted* Cemetery—Capel and Boyanup 1.Land 2.4 x 1.2m single depth * $600.00 2.4 x 2.4 double depth $900.00 2. Burial Adult $1,000.00 Child (under 7 years) $700.00 Stillborn child $500.00 3. Placement of ashes Burial area $200.00 Niche wall—single (including plaque) $350.00 Niche wall—double (including plaque) $450.00 4. Additional charges Grave depth deeper than 1.8m—each .3m $100.00 Exhumation $1,000.00 Interment oblong or oversized $150.00 Burial -Saturday/Sunday/Public Holiday $500.00 Removal of monument—grave reopening quote Interment without due notice $250.00 5. Miscellaneous Funeral Directors license—annual $200.00* Funeral Directors license—per interment $80.00* Monumental Mason license—annual $200.00* Monumental Mason license—per interment $80.00* Grant of Right of Burial—Issue $55.00 Grant of Right of Burial—Copy $25.00 Grant of Right of Burial—Renewal $110.00 Use of metal number plate $25.00 Headstone or monument—Permission to erect $75.00 Grave—Reservation $200.00 Niche—Reservation single and double $200.00 Grave number—search fee $20.00*
4654 GOVERNMENT GAZETTE, WA 13 September 2022 CONSUMER PROTECTION CP401 RETAIL TRADING HOURS ACT 1987 RETAIL TRADING HOURS (CITY OF MANDURAH) VARIATION ORDER 2022 Made by the Minister for Commerce under section 12E of the Act.
- Citation This order is the Retail Trading Hours (City of Mandurah) Variation Order 2022.
- 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 1 October 2022.
- Variation of retail trading hours (1) General retail shops, other than motor vehicle shops, in the Mandurah local government district are authorised to be open, at times when those shops would otherwise be required to be closed, in accordance with the Table. Table Days Hours Mondays, Tuesdays, Wednesdays and Fridays From 6.00 p.m. until 9.00 p.m. Saturdays From 5.00 p.m. until 6.00 p.m. Sundays and Public Holidays From 10.00 a.m. until 5.00 p.m. (2) Despite subclause (1), general retail shops in the Mandurah local government district are required to be closed on ANZAC Day, Good Friday and Christmas Day.
- Revocation The Retail Trading Hours (City of Mandurah) Variation Order (No. 2) 2013 is revoked. Hon. ROGER COOK, MLA, Minister for Commerce. ENERGY EN401 ELECTRICITY INDUSTRY ACT 2004 AMENDMENT OF LICENCE Notice is given that the following electricity transmission licence has been amended— Licensee: TEC Desert Pty Ltd & TEC Desert No.2 Pty Ltd (t/a Southern Cross Energy Partnership) ABN 79 271 003 656 Business address: Level 2, Parmelia House, 191 St Georges Terrace Perth WA 6000 Classification: Electricity transmission licence (ETL4, Version 10) Commencement date: 30 June 2006 Amendment date: 12 May 2022 Term of licence: Up to and including 29 June 2036 Licence area: The licence area is the area as set out in plan ERA-EL-110/1(D) and ERA-EL-110/2(D) in the State of Western Australia. Amendment: To extend the transmission line. Inspection of licence: Economic Regulation Authority 4th Floor, Albert Facey House 469 Wellington Street Perth WA 6000 http://www.erawa.com.au Mr STEVE EDWELL, Chair, Economic Regulation Authority.
13 September 2022 GOVERNMENT GAZETTE, WA 4655 JUSTICE JU401 COURT SECURITY AND CUSTODIAL SERVICES ACT 1999 PERMIT DETAILS REVOKED The following permits have been revoked pursuant to Section 56 of the Court Security and Custodial Services Act 1999— Surname Given Name(s) Permit Number Al Mahmud Zubair 170558 Brockett Ian John 220007 Crook Allan George 180003 Dabra Sarita 210055 Daly Dolly 180023 Dearnley Nicholas 170093 Dong Jeffrey Guotai 200040 Edwards Sara May Jaqueline 200039 Farrar Jonathan 180164 Geary Brooke 200069 Geoghegan Selverani 210044 Godfrey Alexandra 220011 Grover David Kenneth 170540 Harding Rita Ann 180060 Hill Stephen Alistair 190038 Horneman Simon Ross 190048 Jordan Mark Anthony 220141 Khokhar Afaz 210050 Kon-Yu Marie Lilette 170554 Labiche Sushma 180158 Little Aaron John 190005 McGuffog Merrilee Sue 190006 Moore Rex Alan 190049 Mustard Aaron Patrick 210066 Pouresmaeil Mina 210049 Rikhi Akash 210051 Shaik Rafiq Ul Islam 180071 Siviour Tanya Fiona 170466-1 Taylor Iain Charles Wesley 170526 Thomas Stephen Wesley 170211-1 Washer Kate 170221-2 Wei Terry 180109 Winter Steven Michael 180143 Yeo Christopher Gerald 200033 Zeben Marwan 180087 Dated 7 September 2022. MIKE REYNOLDS, Commissioner. ——————————— JU402 JUSTICES OF THE PEACE ACT 2004 APPOINTMENTS It is hereby notified for public information that the Governor in Executive Council has approved of the following to the Office of Justice of the Peace for the State of Western Australia— Megan Nicole Barnett of Willetton Renae Michelle Fussell of Baldivis
4656 GOVERNMENT GAZETTE, WA 13 September 2022 Kylie Anne Hewitt of Dudley Park Amrit Louise Kendrick of Claremont Elizabeth Scheepers of Manmanning Caroline Ann Whitelock of Meckering JOANNE STAMPALIA, Executive Director, Court and Tribunal Services. ——————————— JU403 JUSTICES OF THE PEACE ACT 2004 RESIGNATIONS It is hereby notified for public information that the Minister has accepted the resignation of— Janet Elizabeth Davidson of Coolbinia Robert George Hall of Baldivis Walter John Lewin of Beldon Graeme Peter Manolas of Warwick John Napier-Winch of Banksia Grove Douglas Congrove Sewell of Goomalling from the Office of Justice of the Peace for the State of Western Australia. JOANNE STAMPALIA, Executive Director, Court and Tribunal Services. LOCAL GOVERNMENT LG401 LOCAL GOVERNMENT ACT 1995 City of Rockingham BASIS OF RATES I, Tim Fraser, 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 July 2022, determined 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 A Designated Land UV to GRV All those portions of land being Lot 450, Lot 475, Lots 502 to 505 inclusive, Lot 529, Lots 534 to 537 inclusive and Lots 542 to 544 inclusive as shown on Deposited Plan 421463 and Lots 580 to 582 inclusive, Lot 637, Lots 654 to 665 inclusive, Lots 910 to 918 inclusive, Lots 921 to 934 inclusive and Lots 940 to 955 inclusive as shown on Deposited Plan 422558. TIM FRASER, Executive Director Local Government, Department of Local Government, Sport and Cultural Industries. ——————————— LG402 BUSH FIRES ACT 1954 Shire of Denmark In pursuance of the powers conferred upon it by Section 38 (8) of the Bush Fires Act 1954, the Shire of Denmark hereby records having unanimously resolved on the 16th day of August 2022 to appoint Adrian Kranendonk for the financial year 2022/2023 as a Fire Weather Officer to be authorised within the entire Shire of Denmark. DAVID SCHOBER, Chief Executive Officer. PO Box 183, Denmark WA 6333. Telephone: (08) 9848 0300. Email: enquiries@denmark.wa.gov.au. Web: www.denmark.wa.gov.au. ———————————
13 September 2022 GOVERNMENT GAZETTE, WA 4657 LG403 LOCAL GOVERNMENT ACT 1995 City of Armadale LOCAL GOVERNMENT PROPERTY AMENDMENT LOCAL LAW 2021 Under the powers conferred by the Local Government Act 1995, and under all other powers enabling it, the City of Armadale resolved on 27 June 2022 to make the following local law.
- Citation This local law may be cited as the City of Armadale Local Government Property Amendment Local Law
- Commencement This local law comes into operation 14 days after the date of publication in the Government Gazette.
- Principal local law This local law amends the City of Armadale Local Government Property Local Law 2002 published in the Government Gazette on 3 April 2002 and as amended by the City of Armadale Local Government Property Amendment Local Law 2009, published in the Government Gazette on 11 December 2009.
- Clause 1.2 amended Clause 1.2 is inserted as follows— “1.2 Purpose and Effect (1) The purpose of this local law is to provide for the regulation, control and management of activities and facilities on all local government property, with the exception of thoroughfares, within the district. (2) The effect of this local law is to establish the requirements with which any person using or being on local government property within the district, must comply.” Items following be renumbered accordingly.
- Clause 1.3 amended Clause 1.3 is amended as follows— (a) insert the following definition in alphabetical order— election sign means a sign, poster or other device which advertises any aspect of a forthcoming Federal, State or local government election;
- Clause 4.2 amended Clause 4.2 is amended as follows— (a) After “a plant or” delete “a seat provided for the use of any person” and replace with “earth or a fixture, fitting or materials placed by or for the local government;”
- Clause 4.6 amended Clause 4.6 inserted as follows— “4.6 No smoking (1) A person must not smoke on local government property. (2) Electronic cigarettes (e-cigarettes) and other personal vaporisers for delivery of nicotine or other substances are not permitted to be used in any area on the local government property where smoking is restricted.” Items following be renumbered accordingly.
- Clause 4.7 amended Clause 4.7 inserted as follows— “4.7 Removing or damaging flora (1) A person shall not remove or damage any flora which is on or above any local government property, unless that person is authorised to do so under a written law or with the written consent of the local government. (2) In this clause— flora means all vascular plants other than plants recognised as weeds.” Items following be renumbered accordingly.
- Clause 4.8 amended Clause 4.8 be deleted and replaced as follows— “4.8 Signs placed by the local government (1) A local government may erect a sign on local government property specifying any conditions of use which apply to that property. (2) A person shall comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) is— (a) not to be inconsistent with any provision of this local law or any determination; and (b) to be for the purpose of giving notice of the effect of a provision of this local law.”
4658 GOVERNMENT GAZETTE, WA 13 September 2022 10. Clause 4.9 inserted Clause 4.9 be inserted as follows— “4.9 Signs placed by other parties (1) A person shall not place a sign on local government property unless— (a) the sign is authorised by the local government and is temporary in direct connection with a sporting or other event authorised by the local government for a particular period of time; or (b) the sign is in association with the conditions of a lawful agreement between the local government and the party who placed the sign. (2) A person shall not place, or cause to be placed, an election sign on local government property, or on a fence that is enclosing or demarcating local government property.” 11. Clause 5.1 amended Clause 5.1 be deleted and replaced as follows— “5.1 When entry must be refused (1) A Manager or authorised person shall refuse admission to, or may direct to leave or cause to be removed from a pool area any person who, in the opinion of the Manager or authorised person— (a) is a person under the age of 11 years who is unaccompanied by a parent or guardian over the age of 17 years; (b) is under the age of 6 years unaccompanied in the water, within arm’s reach, by a parent or guardian over the age of 17 years; (c) is using swimwear or a pool toy or other device that is unable to comply with safety requirements when in or around a pool area, or is being used in an unsafe manner; (d) is suffering from a contagious, infectious or cutaneous disease or complaint or is in an unclean condition; (e) is under the apparent influence of liquor or a prohibited drug; (f) is in possession of liquor or a prohibited drug on the local government property; (g) is smoking on the premises; (h) indecently exposes themself, or commits an indecent act in view of patrons for the purpose of offending, threatening or harassing patrons or a local government employee who is on duty at the premises; (i) is using a camera or other form of recording device in a toilet or change room; (j) is using a camera or other form of recording device to capture still or video imagery of patrons without the consent of those patrons; or (k) is behaving in a manner that is harassing, offensive, threatening, violent, abusive, or unsafe towards a patron or a local government employee who is on duty at the premises. (2) In effecting the removal of a person from a pool area, a Manager or authorised person may engage any such assistance as necessary to lawfully effect the removal of that person. (3) Nothing in subclause (1) prevents a Manager, an authorised person or a decision of the local government from refusing entry to a pool area to a person, for a breach of any other written law or the conditions of entry that are displayed at the entrance to the local government property.” 12. Clause 5.3 amended Clause 5.3 be amended as follows— Insert “(1)” before “where” and Insert “(2) Subclause (1) does not apply in circumstances where— (a) the person is a child under the age of 8 and requires supervision or assistance from a parent or guardian; or (b) the toilet block or change room is sign posted to provide for universal access.” 13. Clause 8.3 amended Clause 8.3 be deleted and amended as follows— “8.3 Refusal of entry to local government property (1) If an authorised person reasonably suspects a person has acted contrary to this local law whilst on specific local government property, the authorised person may refuse that person entry to the specific local government property. (2) A refusal of entry to specific local government property may be for any period of time up to 12 months, if decided by an authorised person.” Items following this being renumbered accordingly. 14. Clause 8.4 amended (a) Insert “(1)” before “An article”
13 September 2022 GOVERNMENT GAZETTE, WA 4659 (b) After “thinks fit.” insert as follows— “(2) Where an item of property is of a type that is of minor clothing, undergarments, consumable personal effects or other item of nominal financial value, the local government may dispose of such an item in any manner it thinks fit.” 15. Schedule 1 amended Table in Schedule 1 is deleted and inserted as follows— “ CLAUSE DESCRIPTION MODIFIED PENALTY $ 2.4 Failure to comply with determination 150 3.6 Failure to comply with conditions of permit 150 3.13(1) Failure to obtain a permit 150 3.14(3) Failure to obtain permit to camp outside a facility 150 3.15(1) Failure to obtain permit for liquor 200 3.16 Failure of permit holder to comply with responsibilities 150 4.2(1) Behaviour detrimental to property 350 4.3 Feeding, taking or injuring any fauna 150 4.4 Under influence of liquor or prohibited drug 150 4.7 Removing or damaging flora 150 4.8(2) Failure to comply with sign on local government property 150 5.2 Unauthorised entry to fenced or closed local government property 150 5.3(1)(a) Male using entry of toilet block and change room specified for female gender 150 5.3(1)(b) Female using entry of toilet block and change room specified for male gender 150 6.1(1) Unauthorised entry to function on local government property 200 9.1 Failure to comply with notice 250 ” 16. Amendment throughout the Local Government Property Local Law 2002 Replace “authorized” with “authorised” throughout the Local Government Property Local Law 2002. ———— Dated 6 September 2022. The common seal of the City of Armadale was affixed by the authority of a resolution of the Council in the presence of— RUTH BUTTERFIELD, Mayor. JOANNE ABBISS, Chief Executive Officer. ——————————— LG404 LOCAL GOVERNMENT ACT 1995 CITY OF ROCKINGHAM FENCING AMENDMENT LOCAL LAW 2022 Under the powers conferred by the Local Government Act 1995 and all other powers enabling it, the Council of the City of Rockingham resolved on 28 June 2022 to make the following local law—
- Citation This local law is cited as the City of Rockingham Fencing Amendment Local Law 2022.
- Commencement This local law comes into operation 14 days after its publication in the Government Gazette.
- Principal local law amended This local law amends the City of Rockingham Fencing Local Law 2020 as published in the Government Gazette on 26 March 2021.
- Title of principal local law amended Delete ‘2020’ in principal law title and replace with ‘2021’.
- Clause 1.5 amended In clause 1.5 delete definition of AS/NZS.
4660 GOVERNMENT GAZETTE, WA 13 September 2022 6. Clause 2.6 amended In clause 2.6 delete subclause (3) and subclause (3)(1) and replace with— (3) An owner or occupier of a lot adjacent to an estate boundary fence must, where that fence is damaged, dilapidated or in need of repair, ensure that— 7. Clause 2.7 amended 7.1 In clause 2.7 delete subclause numbering (1) and leave remaining text. 7.2 In clause 2.7 delete subclause (2). 8. Clause 3.1 amended 8.1 In clause 3.1(2)(c) delete the following words—’and any applicable Australian Standard, or if there is no applicable specification or Australian Standard, in accordance with industry best practice for that type of fence’. 8.2 In clause 3.1(2)(c) After the word “specification” insert—’, or if there is no applicable manufacturer’s specification, in accordance with industry best practice for that type of fence.’ 9. Clause 4.1 amended 9.1 In clause 4.1(1)(b) delete the following ‘(unless it is a sufficient fence)’. 9.2 In clause 4.1(1)(b) After the word “wire” insert”– ‘or material with spiked or jagged projections’. 9.3 In clause 4.1 delete subclause (3)(b). 9.4 In subclause (3)(a) After ‘;’ insert ‘or’. 10. Clause 6.1 amended In clause 6.1 subclauses (a), (b) and (c) delete the word ‘to’. 11. Item 1—Schedule 1 amended Delete item 1(b)(ii) in Schedule 1. ———— Dated 4 July 2022. The Common Seal of the City of Rockingham was affixed by authority of a resolution of the Council in the presence of— DEBORAH HAMBLIN, Mayor. MICHAEL PARKER, Chief Executive Officer. ——————————— LG501 BUSH FIRES ACT 1954 Shire of Murray FIREBREAK NOTICE Notice is hereby given to all owners and/or occupiers of land within the Shire of Murray that Council pursuant to the powers conferred in Section 33(1) of the Bush Fires Act 1954 (the Act), approved the following requirements at its Ordinary Council Meeting on 23 June 2022 to prevent the outbreak, spread or extension of a bush fire within the district and deal with other direct bush fire related preparedness and prevention matters. Pursuant to Section 33 of the Act, all owners and/or occupiers of land are required to carry out fire prevention work in accordance with the requisitions of this notice on or before 30 November each calendar year or within 14 days of the date of becoming the owner or occupier of the land, should this be after 30 November. All work specified in this notice is to be maintained up to and including 30 April the following calendar year. Definitions For the purpose of this notice the following definitions apply— Authorised Officer—an employee of the Shire of Murray appointed as a Bush Fire Control Officer. Bushfire Management Plan—a plan that has been developed and approved by the Shire of Murray to reduce and mitigate fire hazards within a particular subdivision, lot or other area of land anywhere in the district. Driveway—the point of access (driveway) to a habitable building that is accessible for both conventional two wheel drive vehicles and firefighting appliances that is totally clear of all vegetation, trees, bushes, shrubs and other objects or things encroaching into the vertical axis of the driveway. If a driveway to a habitable building is longer than 50 metres in length from a public road, a clear turn around area with a 10 metre radius is to be provided.
13 September 2022 GOVERNMENT GAZETTE, WA 4661 Firebreak—an area of ground, of a prescribed width, constructed to a trafficable surface that is kept and maintained totally clear of all flammable material and includes the pruning and removal of any living or dead trees, scrub or any other material encroaching into the vertical axis of the firebreak area. Fire Management Plan—the same as Bushfire Management Plan. Fuel Depot/Storage Area—an area of land, a building or structure where fuel (i.e. petrol, diesel, kerosene, liquid gas or any other fossil fuel) is kept in any container or other manner. Flammable Material—any plant, tree, grass, vegetable, substance, object, thing or material (except living flora including live standing trees) that may or is likely to catch fire and burn or any other thing deemed by an Authorised Officer to be capable of combustion. Habitable Building—a dwelling, work place, place of gathering or assembly and includes a building used for storage or display of goods or produce for sale by wholesale in accordance with classes 1—9 of the Building Code of Australia. The term habitable building includes attached and adjacent structures like garages, carports, verandahs or similar roofed structure(s) that are attached to, or within six (6) metres of the dwelling or primary building. Haystack—any collection of hay including fodder rolls placed or stacked that exceeds 100m3 in size (e.g. five (5) metres x five (5) metres x four (4) metres), whether in a shed, other structure or in the open air. Hills Landscape Protection Land—land zoned or defined in the Local Planning Scheme or Shire of Murray property rate database as Hills Landscape Protection Land. Plantations—any area of planted pines, eucalypt, hardwood or softwood trees exceeding three (3) hectares in area. Size—the size of an individual parcel or lot of land as recorded in the Shire of Murray property rate database. • 1 hectare = 10,000m2 = 2.47 acres • 1 acre = 4,046.86m2 = 0.4046 hectare Trafficable—to be able to travel from one point to another in a four-wheel drive fire appliance on a clear surface, unhindered without any obstruction that may endanger resources. A firebreak is not to terminate in a dead end without provision for egress to a safe place or a cleared turn around area of 17.5 metre radius. Vertical Axis—a continuous vertical uninterrupted line at a right angle to the horizontal line of the firebreak to a minimum height of four and a half (4.5) metres from the ground. Zoning—the land zoning description as recorded in the Shire of Murray property rate database. Fire Prevention Requirements
- Rural Zoned Land—10 Hectares or Greater (a) A three (3) metre wide firebreak is to be constructed and maintained as close as practicable, but within 50 metres of the boundaries of the land, where the land abuts all made roads or railway reserves, Crown land which is the responsibility of a state agency, held in leasehold by a third party or otherwise unmanaged or a plantation. (b) If the rural zoned land abuts or adjoins any other type of zoned land a three (3) metre wide firebreak is to be constructed and maintained along that portion of the rural land that abuts the other zoned land and the firebreak(s) is to be located immediately, where practical inside the boundary of the rural land where it abuts the above mentioned land. (c) A three (3) metre wide firebreak is to be constructed and maintained immediately surrounding all outbuildings, sheds, haystacks, groups of buildings and fuel depots/storage areas situated on the land. (d) All flammable material within 20 metres of a habitable building is to be reduced and maintained to a height of less than five (5) centimetres. (e) A three (3) metre wide driveway to be installed and maintained.
- Special Rural, Special Residential, All Special Use, Farmlet, Hills Landscape Protection Land, Rural Townsite and Rural Zoned Land Less than 10 Hectares (a) Where the area of land in this zoning category is 10,000m2 or less in size, all flammable material on the entire property is to be reduced and maintained to a height of less than five (5) centimetres. (b) Where the area of land in this zoning category is between 10,001m2 and 25,000m2 in size all flammable material on the entire property is to be reduced and maintained to a height of less than five (5) centimetres. Alternatively, a firebreak is to be installed and maintained in accordance with clause 2(c). (c) Where the area of land in this zoning category is 25,001m2 or more in size, a three (3) metre wide firebreak is to be installed and maintained immediately— i. Inside all external boundaries of the land. ii. Around all outbuildings, sheds, haystacks, groups of buildings and fuel depots/storage areas situated on the land. iii. All flammable material within 20 metres of a habitable building is to be reduced and maintained to a height of less than five (5) centimetres.
4662 GOVERNMENT GAZETTE, WA 13 September 2022 (d) If land within this zoning category adjoins any of the land described in Clause 3, all flammable material shall be reduced and maintained to a height of less than five (5) centimetres, for a distance of 20 metres, immediately inside the installed and maintained firebreak. (e) All land within this zoning category, irrespective of size, requires a three (3) metre wide driveway to be installed and maintained. Exception: Where there is green maintained and reticulated lawn, inclusive of any living trees, shrubs or plants immediately adjacent to an external boundary of any land within this zoning category, a firebreak is not required to be installed or maintained, immediately inside that particular land boundary. 3. Residential, Residential Development, Special Development, Industry and all Other Zoned Land Not Specified (a) Where the area of land in this zoning category is 4,000m2 or less, all flammable material on the entire property shall be reduced and maintained to a height of less than five (5) centimetres. (b) Where the area of land in this zoning category is more than 4,001m2 in size, a three (3) metre wide firebreak shall be installed and maintained immediately inside all external boundaries of the land and also immediately surrounding all buildings situated on the land. (c) A three (3) metre wide driveway to be installed and maintained. 4. Plantations (a) Boundary Firebreaks—all property boundaries must have a 15 metre firebreak installed. The outer 10 metres will be cleared of all flammable material while the inner five (5) metres (i.e. that portion closest to the trees) may be kept in a reduced fuel state by slashing or grazing grass to a height of less than five (5) centimetres. This includes the trimming back of all overhanging limbs, bushes, shrubs and any other object encroaching into the vertical axis above the outer 10 metres of the firebreak area. (b) Internal Firebreaks—plantation area must be subdivided into areas not greater than 30 hectares, separated by six (6) metre wide firebreaks. This includes the trimming back of all overhanging limbs, bushes, shrubs and any other object encroaching into the vertical axis of the firebreak area. (c) Special Risks— i. Public road and railway reserve firebreaks 15 metres wide shall be maintained where the planted area adjoins public roads and railway reserves. The specification will be as for boundary firebreaks on planted areas. ii. Firebreaks shall be provided along power lines where they pass through or lie adjacent to planted areas. The specification of the width and height of clearing shall be in accordance with Western Power specifications. (d) Furthermore, all plantations shall comply with requirements contained in the Department of Fire and Emergency Services (DFES) guidelines or standards for Plantation Fire Protection. 5. Storage of Cut or Stockpiled Timber Products On all land in the district except land specified as industrial, non-rateable or reserve land, the owner or occupier of the land shall not keep or permit to be kept any cut, stockpiled or windrowed timber products (manufactured or natural), unless the material is in piles of less than 15 metres long, five (5) metres wide and three (3) metres high. Every pile of cut, stockpiled or windrowed timber product larger than 12m3 is to be completely surrounded by a 10 metre wide firebreak. 6. Variations If it is considered to be impractical for any reason to clear firebreaks or establish other arrangements as required by this notice, the owner and/or occupier of land in the district may apply for a variation by contacting the appropriate area Fire Control Officer prior to 14 November each calendar year to arrange an onsite inspection to discuss alternate methods of fire prevention. Variations may be approved by the Shire of Murray for a one, three or five year period, subject to the owner and/or occupier of the land remaining the same. If a request to vary this notice is not approved, the requirements of this notice apply. 7. Bushfire Management Plans Where a Bushfire Management Plan (BMP) exists for a specified area or property as required by the Local Planning Scheme or subdivision approval or for an individual or group of properties, compliance with all requirements of the BMP are required in addition to any further requirements within this notice. 8. Special Works Order The requirements of this notice are considered to be the minimum requirement for fire prevention work, not only to protect individual properties but the district generally. A separate Special Works Order may be issued to individual landowners pursuant to Section 33 of the Bush Fires Act 1954 to carry out further hazard removal and/or reduction work with respect to anything upon the land, where in the opinion of an Authorised Officer, it is likely to be conducive to the outbreak and/or the extension of a bushfire. 9. Dates to Remember Restricted Burning Time— 1 October to 30 November each year (inclusive) and 1 April to 15 May each year (inclusive and as varied pursuant to Section 18 of the Bush Fires Act 1954).
13 September 2022 GOVERNMENT GAZETTE, WA 4663 Prohibited Burning Time— 1 December to 31 March each year (inclusive and as varied pursuant to Section 17 of the Bush Fires Act 1954). The above dates are subject to variation and any alterations will be published in a local newspaper circulating within the district. 10. Penalties The penalty for failing to comply with this notice is a fine not exceeding $5,000. A person in default is also liable whether prosecuted or not to pay the costs of performing the work directed by this notice if it is not carried out by the owner and/or occupier by the date required by this notice. This notice supersedes and replaces all previous Firebreak Notices published. DEAN UNSWORTH, Chief Executive Officer. PARLIAMENT PA401 PARLIAMENT OF WESTERN AUSTRALIA ROYAL ASSENT TO BILLS It is hereby notified for public information that the Governor has Assented in the name and on behalf of Her Majesty the Queen, on the date shown, to the undermentioned Act passed by the Legislative Council and the Legislative Assembly during the First Session of the Forty First Parliament. Title of Acts Date of Assent Act No. Bail Amendment Act 2022 3 September 2022 29 of 2022 Dated 8 September 2022. SAM HASTINGS, Clerk of the Parliaments. PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Shark Bay Local Planning Scheme No. 4—Amendment No. 1 Ref: TPS/2839 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 Shark Bay Local Planning Scheme amendment on 19 August 2022 for the purpose of—
- Amending ‘Schedule B—Special Use Zones’ as applicable to Lot 90 Monkey Mia Road, Denham (listed as SU10) which currently states— No. Description of Land Special Use Conditions SU 10 Lot 90 Monkey Mia Road, Denham As ‘P’ use— • Single house As ‘D’ use— • Agriculture- intensive • Tree farm • Workforce accommodation As ‘D’ Uses— • Ancillary Dwelling • Commercial Vehicle Parking
- Development of the site shall be generally in accordance with an approved Local Development Plan, which has been prepared in accordance with Part 6, Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and approved by the local government.
- The local government may require lodgement of a transport impact assessment for any new development, prepared in accordance with the WAPC’s Transport Impact Assessment Guidelines (August 2016).
4664 GOVERNMENT GAZETTE, WA 13 September 2022 No. Description of Land Special Use Conditions • Single House • Second Hand Dwelling • Home Business • Home Office • Home Store • Outbuilding(s) As ‘A’ uses— • Bulky Goods Showroom • Carpark • Convenience Store • Fast food outlet/ lunch bar • Fuel Depot • Industry—Light • Industry— Primary Production • Marine Filling Station • Motor Vehicle, boat or caravan sales • Motor Vehicle Repair (including marine craft) • Motor Vehicle Wash (including marine craft) • Office • Restaurant/cafe • Roadhouse • Service Station • Shop • Transport Depot • Trade Display • Trade Supplies • Warehouse / Storage • Workforce Accommodation • Any other uses associated with the purpose and objectives of the zone (D), at the discretion of the local government. • Any on site infrastructure required to service development. 3) Notwithstanding condition (1), the local government may consider development prior to the approval of a Local Development Plan as provided for under Clause 56(2), Part 6, Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. Zone Purpose— The purpose of this zone is to provide for the sale, servicing, rebuilding, storage, washing and fuelling of cars, boats and marine craft. The zone will also cater for a wide range of other compatible commercial, storage, light industrial and retail fuel sale uses to maximise future development opportunities. Zone Objectives— • To provide quality landscaping along the Monkey Mia Road frontage. • To cater for workforce accommodation and maximise employment opportunities within Denham townsite. Conditions—
- Development of the site shall be generally in accordance with an approved Local Development Plan, which has been prepared in accordance with Part 6, Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and approved by the local government.
- The Local Development Plan is to address the following— (a) The purpose and objectives of this Special Use Zone; (b) A layout that caters for a mixture of land uses with separation on site that minimises any potential for conflict between proposed uses; (c) A Management Plan that addresses access, servicing, maintenance, waste disposal, waste water disposal, effluent disposal, service areas, potential emissions, contaminants and rubbish management; (d) Suitable areas on site for carparking, loading, truck parking, access and traffic movements; (e) Accommodation of suitable perimeter or strategic fire breaks within the lot boundaries; (f) A transport impact assessment prepared in accordance with the WAPC’s Transport Impact Assessment Guidelines (August 2016); (g) The local government may require a Bushfire Attack Level Assessment and / or a Bushfire Management Plan as part of an application for development approval in accordance with State Planning Policy 3.7 Planning in Bushfire Prone Areas.
13 September 2022 GOVERNMENT GAZETTE, WA 4665 No. Description of Land Special Use Conditions (h) A Bushfire Management Plan, prepared by an accredited bushfire consultant, shall be lodged with any application for development approval of a high-risk land use in accordance with State Planning Policy 3.7 Planning in Bushfire Prone Areas. (i) Provision of quality landscaping along Monkey Mia road. 3) The layout of carparking areas shall be designed with high regard for traffic circulation between developments on the same lot, and shall be integrated to allow for good on site traffic management and flow. 4) The local government may require lodgement of a detailed landscaping plan as a condition of any development. 5) Any external storage required as part of a proposed land use shall be adequately screened from Monkey Mia Road to the satisfaction of the local government. External storage does not include any trade display or motor vehicle, boat and caravan sales approved by the local government. 6) The local government has discretion to consider advertisement(s) and shall have regard for the matters in Clause 32.17.3 of this Scheme. Notwithstanding condition (1), the local government may consider development prior to the approval of a Local Development Plan as provided for under Clause 56(2), Part 6, Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. C COWELL, Shire President. D CHAPMAN, Chief Executive Officer. ——————————— PL402 PLANNING AND DEVELOPMENT ACT 2005 METROPOLITAN REGION SCHEME MINOR AMENDMENT 1397/57 Rationalisation of Mangles Bay Foreshore Call for Public Submissions The Western Australian Planning Commission (WAPC) is seeking public comment on a proposal to amend the Metropolitan Region Scheme (MRS) for land in the local government of Rockingham. The amendment proposes to transfer approximately 19.8 ha of land along the Mangles Bay foreshore from the Port Installations reserve to the Public Purposes—Commonwealth Government and Parks and Recreation reserves in the MRS. The amendment will allow for the continued use of the land for public foreshore access and leased recreation club purposes, whilst protecting the Commonwealth owned access point to the Garden Island Causeway. The WAPC certifies that, in its opinion, the proposed amendment does not constitute a substantial alteration to the MRS. Display locations The plans showing the proposed change and the WAPC amendment report which explains the proposal, will be available for public inspection from Tuesday 13 September 2022 to Friday 18 November 2022 at the— • Western Australian Planning Commission, 140 William Street, Perth • J S Battye Library, Level 3 Alexander Library Building, Perth Cultural Centre • City of Rockingham Documents can also be viewed online at the Department of Planning, Lands and Heritage website www.dplh.wa.gov.au/mrs-amendments.
4666 GOVERNMENT GAZETTE, WA 13 September 2022 Submissions Any person who desires to make a submission to support, object or provide comment on any part of the proposed amendment should do so on a Form 57, which is available from the display locations, the amendment report and online. Submissions can be lodged online via https://consultation.dplh.wa.gov.au, emailed to RegionPlanningSchemes@dplh.wa.gov.au or by post to: Secretary, Western Australian Planning Commission, Locked Bag 2506, Perth WA 6001. Submissions close 5pm, Friday 18 November 2022. Late submissions will not be considered. Ms SAM FAGAN, Secretary, Western Australian Planning Commission. PUBLIC NOTICES ZZ401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Beverley Anne Britton late of Floreat, Western Australia, died on 21 April 2022, deceased. Creditors and other persons having claims to which Section 63 of the Trustees Act 1962 relates in respect of her estate are required by her executor, Eric Tan, to send particulars of their claims to him at Robertson Hayles Lawyers, PO Box Z5403, Perth WA 6831 within one month of the date of publication, after which date he may distribute the assets of the estate, having regard only to the claims of which he then has notice. Dated: 13 September 2022. ——————————— ZZ402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Earl Peyton Frost late of Mount Pleasant, Western Australia, died on 27 December 2021, deceased. Creditors and other persons having claims to which Section 63 of the Trustees Act 1962 relates in respect of his estate are required by his administrator, Eric Tan, to send particulars of their claims to him at Robertson Hayles Lawyers, PO Box Z5403, Perth WA 6831 within one month of the date of publication, after which date he may distribute the assets of the estate, having regard only to the claims of which he then has notice. Dated: 13 September 2022. ——————————— ZZ403 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the estate of Shaun Cameron late of 2/16 Cliff Way, Claremont, Western Australia, Farmer, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect of the estate of the abovenamed deceased who died on 1 May 2022 are required by the personal representatives Lachlan Shaun Cameron and Hamish Bruce Cameron of care of Greenstone Legal PO Box 744, West Perth, Western Australia 6872 to send particulars of their claims to them by the 14th day of October 2022 after which date the personal representatives may convey or distribute the assets having regard only to the claims of which they then have notice. ———————————
13 September 2022 GOVERNMENT GAZETTE, WA 4667 ZZ404 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Helen June Sheppard late of 75A Beach Street, Bicton, 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 June 2022, are required by the trustee of the deceased, Peter John Sheppard, 1B Ferguson Street, Alfred Cove WA 6154, to send particulars of their claims to the trustee within one (1) month of the date of the publication of this notice, after which date the trustee may convey or distribute the assets, having regard only to the claims of which the trustee then has notice. ——————————— ZZ405 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the Estate of Adrianus van den Berg late of 3 Seaham Way, Mindarie 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 23 April 2022, are required by the trustee Cooper Webb Lawyers of PO Box 5674, Perth WA 6831 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. ———————————