Section 1 - City of Armadale Local Government Property Amendment Local Law 2022 - City of Armadale Local Government Property Amendment Local Law 2022 | Zoe
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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