City of Bayswater Waste Amendment Local Law 2022
2847 ISSN 2204-4264 (online) PERTH, TUESDAY, 3 MAY 2022 No. 61 PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CONTENTS PART 1 Nil ——— PART 2 Page Health ................................................................................................................................................. 2849 Justice ................................................................................................................................................ 2851 Local Government .............................................................................................................................. 2851 Minerals and Petroleum .................................................................................................................... 2852 Parliament ......................................................................................................................................... 2856 Planning ............................................................................................................................................. 2856 Public Notices..................................................................................................................................... 2869
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3 May 2022 GOVERNMENT GAZETTE, WA 2849 — PART 2 — HEALTH HE402 PUBLIC HEALTH ACT 2016 EXTENSION OF DECLARATION (NO.3) OF PUBLIC HEALTH STATE OF EMERGENCY Pursuant to section 170 of the Public Health Act 2016 (WA) I, Amber-Jade Sanderson, the Minister for Health, hereby extend the public health state of emergency declaration, which came into effect on 22 September 2021 at 16:25 hours. The duration of the public health state of emergency declaration is extended for a period of 14 days (the extension). Time of this extension: 4 pm. Date of this extension: 28 April 2022. Hon. AMBER-JADE SANDERSON MLA, Minister for Health. ——————————— HE401 MENTAL HEALTH ACT 2014 MENTAL HEALTH (AUTHORISATION OF PUBLIC HOSPITALS) ORDER 2022 Made under the Mental Health Act 2014 section 542 by the Governor in Executive Council.
- Citation This order is the Mental Health (Authorisation of Public Hospitals) 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 the day after that day.
- Terms used (1) In this order— plan means a plan the original of which is held by the person with management and control of the public hospital represented on the plan; (2) A copy of each plan referred to in Schedule 1 is to be held for information purposes in the offices of the Chief Psychiatrist in Perth.
- Authorisation of hospitals The parts of public hospitals specified in Schedule 1 are authorised for— (a) the reception of persons under the Act; and (b) the admission of involuntary patients.
- Revocation The Mental Health (Authorisation of Public Hospitals) Order 2017 is revoked. Schedule 1—Authorised hospitals Item Public hospital Part of hospital that is authorised
- Albany Hospital Area bordered dashed red on the plan entitled “Albany Regional Hospital Albany Health Campus—APU” of 22 October 2021.
- Armadale-Kelmscott Memorial Hospital Area coloured yellow on the plan entitled “Armadale Health Service” of 19 March 2001.
2850 GOVERNMENT GAZETTE, WA 3 May 2022 N. HAGLEY, Clerk of the Executive Council. Item Public hospital Part of hospital that is authorised 3. Bentley Hospital Areas— (a) coloured pink or coloured dark orange on the plan entitled “Bentley Hospital Mental Health Beds” of 7 September 2011; and (b) bordered red on the plan entitled “BENTLEY HOSPITAL East Metropolitan Health Service Youth Unit (EMyU) MENTAL HEALTH UNIT” with sheet title “BLOCK N LEVEL 2 AUTHORISED AREA” of August 2018. 4. Broome Hospital Area bordered red on the plan entitled “Broome Hospital Mental Health Unit” of October 2012. 5. Bunbury Hospital Area coloured yellow on the plan entitled “South West Health Campus” of 28 August 2007. 6. Fiona Stanley Hospital Area bordered red on the plan entitled “Overall Lower Ground Level Site Plan” signed by the Project Director of Fiona Stanley Hospital on 5 November 2014. 7. Fremantle Hospital Areas bordered red on— (a) the plan entitled “Fremantle Hospital Adult Mental Health Unit Alma Street Centre, Block W, Level 4” of 30 November 2015; and (b) the plan entitled “Fremantle Hospital Adult Mental Health Unit Alma Street Centre, Block W, Level 5” of 30 November 2015; and (c) the plan entitled “Fremantle Hospital Adult Mental Health Unit Alma Street Centre, Block W, Level 6” of 30 November 2015. 8. Graylands Hospital, Frankland Centre and Selby Older Adult Mental Health Unit Areas coloured yellow on— (a) the plan entitled “Graylands Hospital” of 30 November 2001; and (b) the plan entitled “Selby Complex— Stubbs Terrace” of 30 November 2001. 9. Kalgoorlie Hospital Areas coloured yellow on the plan entitled “Kalgoorlie Regional Hospital” of 30 November 2001. 10. King Edward Memorial Hospital for Women Area bordered red on the plan entitled “Mother and Baby House—K.E.M.H., Loretto Street—Subiaco WA, Site Plan, Building Location” of July 2005. 11. Perth Children’s Hospital Areas bordered red on the plan numbered RFD-1497_2 and entitled “PERTH CHILDREN’S HOSPITAL, MENTAL HEALTH INPATIENT UNIT, Hospital Avenue, Nedlands.” of 15 November 2016. 12. Rockingham General Hospital Area bordered in red on the plan entitled “Rockingham Hospital Redevelopment—Zone C—Mental Health Site Plan—Phase Site Plan” of 3 March 2011. 13. Sir Charles Gairdner Hospital Area bordered red on the plan numbered OCP20152_SCGH and entitled “Adult Mental Health Unit, Sir Charles Gairdner Hospital, Queen Elizabeth II Medical Centre” of 2 September 2011.
3 May 2022 GOVERNMENT GAZETTE, WA 2851 JUSTICE JU401 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— Julian Andrew Franklin of Lesmurdie Simon John Gourlay of Rockingham Johnie Hart of Greenmount Nerida Jane Kickett of Dampier Husain Hamid Baraja of Winthrop JOANNE STAMPALIA, Executive Director, Court and Tribunal Services. LOCAL GOVERNMENT LG401 WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 LOCAL GOVERNMENT ACT 1995 CITY OF BAYSWATER WASTE AMENDMENT LOCAL LAW 2022 Under the powers conferred by the Waste Avoidance and Resource Recovery Act 2007 and the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Bayswater resolved on 22 March 2022 to make the following local law. PART 1—PRELIMINARY
- Citation This local law may be cited as the City of Bayswater Waste Amendment Local Law 2022.
- Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.
- Principal Local Law This local law amends the City of Bayswater Waste Local Law 2020 published in the Government Gazette on 19 January 2021.
- Clause 2.7 amended (1) Subclause 2.7(c) is deleted. (2) Subclause 2.7(d) is to be re-numbered to 2.7(c).
- Schedule 2 amended (1) Item 14 is deleted. (2) In item 30 replace “provide” with “provided”. (3) Items 15 to 41 renumbered 14 to 40. Consented to— MICHELLE ANDREWS, Chief Executive Officer, Department of Water and Environmental Regulation. Dated this 24th day of February 2022. The Common Seal of the City of Bayswater was affixed by authority of a resolution of the Council in the presence of— Dated: 27 April 2022. FILOMENA PIFFARETTI, Mayor. CLIFF FREWING, A/Chief Executive Officer. ———————————
2852 GOVERNMENT GAZETTE, WA 3 May 2022 LG402 BUSH FIRES ACT 1954 Shire of Dandaragan APPOINTMENTS In accordance with the Bush Fires Act 1954 Section 38, the Shire of Dandaragan has appointed the following officers to the respective positions for the 2022/23 fire season— CHIEF BUSH FIRE CONTROL OFFICER—Mr Richard Brown DEPUTY CHIEF BUSH FIRE CONTROL OFFICER—Mr Andrew Kenny FIRE WEATHER OFFICERS— ALL ZONES Mr Richard Brown NORTHEAST ZONE The Northeast portion of the Shire bordered by the Brand Highway, Waddi Road, Mungedar Road and Northwest Road. Mr Andrew Kenny SOUTHEAST ZONE The Southeast portion of the Shire bordered by the Brand Highway, Waddi Road, Mungedar Road and Northwest Road. Mr Hugh Roberts NORTHWEST ZONE The Northwest portion of the Shire bordered by the Brand Highway and Wongonderrah Road. Mr Aubrey Panizza SOUTHWEST ZONE The Southwest portion of the Shire bordered by the Brand Highway and Wongonderrah Road. Mr Aubrey Panizza All previous appointments are hereby revoked. BRENT BAILEY, Chief Executive Officer. MINERALS AND PETROLEUM MP401 MINING ACT 1978 INSTRUMENT OF EXTENSION OF TERM OF EXEMPTION OF LAND I, Kristian Hartley Dawson, Executive Director, Resource Tenure, pursuant to section 19 of the Mining Act 1978, hereby extend the exemption originally declared on 5 May 2010 and published in the Government Gazette dated 14 May 2010 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 4 May 2024. Locality Myalup—South West Mineral Field Description of Land Land designated S19/318 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 A0785/201801, document ID 9157496. Area of Land 6849.47 hectares Dated at Perth this 28th day of April 2022. KRISTIAN HARTLEY DAWSON, Executive Director Resource Tenure. ———————————
3 May 2022 GOVERNMENT GAZETTE, WA 2853 MP402 MINING ACT 1978 INSTRUMENT OF VARIATION TO EXEMPTION OF LAND I, Kristian Hartley Dawson, Executive Director, Resource Tenure, pursuant to section 19 of the Mining Act 1978, hereby vary the exemption of land originally declared on 21 September 2017 and published in the Government Gazette dated 29 September 2017 by varying the description to that as described hereunder (not being private land or land that is the subject of a mining tenement or an application for a mining tenement) exempt from Divisions 1 to 5 of Part IV of the Mining Act 1978. The exemption will expire on 20 September 2023. Locality Mungari—Coolgardie Mineral Field Description of Land Land designated S19/371 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 A1756/2018, document ID 9133546. Area of Land 851.31 hectares Dated at Perth this 28th day of April 2022. KRISTIAN HARTLEY DAWSON, Executive Director Resource Tenure. ——————————— MP403 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Leonora WA 6438. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non- compliance with the reporting provisions. WARDEN HOLGATE. ———— To be heard by the Warden at Leonora on 31 May 2022. MT MARGARET MINERAL FIELD Prospecting Licences P 37/8564 Van Blitterswyk, Wayne Craig P 37/8565 Van Blitterswyk, Wayne Craig P 37/8566 Van Blitterswyk, Wayne Craig NORTH COOLGARDIE MINERAL FIELD Prospecting Licences P 40/1356 Edwards, Derrick William Edwards, Pamla Ann ———————————
2854 GOVERNMENT GAZETTE, WA 3 May 2022 MP404 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Leonora WA 6438. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licence is 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. WARDEN HOLGATE. ———— To be heard by the Warden at Leonora on 31 May 2022. MT MARGARET MINERAL FIELD Prospecting Licences P 38/4343 GSM Mining Company Pty Ltd ——————————— MP405 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Meekatharra WA 6642. 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. WARDEN WHITE. ———— To be heard by the Warden at Meekatharra on 22 June 2022. MURCHISON MINERAL FIELD Prospecting Licences P 51/3031 Pendragon (WA) Pty Ltd Roman Road Pty Ltd P 51/3091 Ricochet Resources Pty Ltd ——————————— MP406 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 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. WARDEN WHITE. ———— To be heard by the Warden at Mt. Magnet on 23 June 2022.
3 May 2022 GOVERNMENT GAZETTE, WA 2855 EAST MURCHISON MINERAL FIELD Prospecting Licences P 57/1337 Ackroyd, Bradley James P 57/1338 Ackroyd, Bradley James P 57/1339 Ackroyd, Bradley James MURCHISON MINERAL FIELD Prospecting Licences P 20/2388 Paull, Shane Edward P 58/1865 Brady, Harvey James YALGOO MINERAL FIELD Prospecting Licences P 59/2260 Sandgroper Minerals Pty Ltd ——————————— MP407 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. WARDEN WHITE. ———— To be heard by the Warden at Mt. Magnet on 23 June 2022. MURCHISON MINERAL FIELD Prospecting Licences P 20/2422 Parry, Susan P 20/2423 D’Agostino, Carmello Tony P 20/2430 Perrella, Anthony Peter Perrella, Antonio P 20/2431 Perrella, Anthony Peter Perrella, Antonio P 20/2432 Perrella, Anthony Peter Perrella, Antonio YALGOO MINERAL FIELD Prospecting Licences P 59/2123 Taylor, Sandra Elaine
2856 GOVERNMENT GAZETTE, WA 3 May 2022 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 Acts 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. Transport Legislation Amendment (Identity Matching Services) Act 2022 14 April 2022 8 of 2022 Legal Profession Uniform Law Application Act 2021 14 April 2022 9 of 2022 Legal Profession Uniform Law Application (Levy) Act 2022 14 April 2022 10 of 2022 Treasurer’s Advance Authorisation Act 2022 14 April 2022 11 of 2022 Animal Resources Authority Amendment and Repeal Act 2021 14 April 2022 12 of 2022 Dated 29 April 2022. SAM HASTINGS, Clerk of the Parliaments. PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT City of Melville Local Planning Scheme No. 6—Amendment No. 10 Ref: TPS/2787 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Melville Local Planning Scheme amendment on 11 April 2022 for the purpose of—
- Rezone the following lots from ‘Residential’ to reserve for ‘Public Open Space’— (a) Lot 1924, No.8 Cambey Way, Brentwood (Ces Deceau Reserve) (b) Lot 7080, No.18 Mullings Way, Myaree (Harry Clemens Reserve) (c) Lots 2698 and 2567, No.18-20 Earlston Way, Booragoon (Hugh Corbet Park) (d) Lot 2593, No.160 Winterfold Road, Kardinya (Jack Jeffery Park) (e) Lot 6371, No.31 Lawlor Road, Attadale (Marguerite Smith Reserve) (f) Lot 4212, No.60 Farrington Road, Kardinya (Norm Godfrey Reserve) (g) Lot 6392, No.10 Patterson Place, Myaree (Pitman Park) (h) Lot 6725, No.21A Prosser Way, Myaree (Prosser Park) (i) Lot 87, No.58-60 Murray Road, Bicton (Bicton Substation) (j) Lot 18, No.15 Tuart Street, Applecross (Charles Eckert Reserve) (k) Lot 1, No.2 Lawlor Road, Attadale (Davis Lawlor Park) (l) Lot 535, No.43 Zenobia Street, Palmyra (Geo Thompson Park) (m) Lots 9, 10 and 18, No.70-72 Ogilvie Road, Mount Pleasant (Ogilvie Road Reserve) (n) Lot 1771 and 1772, No.20 Damell Avenue, Mount Pleasant (Reg Seal Reserve) (o) Pt Lot 2346, No.20 Dalston Crescent, Kardinya (Laurie Withers Reserve) (p) Lots 2344 and 2347, No.32 Dalston Crescent, Kardinya (Jack Martin Reserve) (q) Lots 2694 and 2789, McBeth Way, Kardinya (Unnamed Park) (r) Lot 14539, No.12 Lockwood Court, Bicton (Unnamed Park) (s) Lot 323, No. 41A McCallum Crescent, Ardross (Baden Powell Reserve)
- Rezone the following lot from ‘Residential’ to reserve for ‘Public Purpose—Infrastructure Services’— (t) Lot 319, No.12 Stamo Court, Kardinya (Robert Henwood Park) G. GEAR, Mayor. M. TIELEMAN, Chief Executive Officer.
3 May 2022 GOVERNMENT GAZETTE, WA 2857 PL402 PLANNING AND DEVELOPMENT ACT 2005 AMENDMENT TO INSTRUMENT OF DELEGATION Notice of Amendment to Delegation to Officers of certain powers and functions of the Western Australian Planning Commission Under section 16 of the Planning and Development Act 2005 (the Act) the Western Australian Planning Commission (the WAPC) may, by resolution published in the Government Gazette, delegate any function to a member, committee or officer of the WAPC or to a public authority or a member or officer of a public authority. In accordance with section 16(4) of the Act, a reference in this instrument to a function or a power of the WAPC includes and extends to, without limitation or restriction, any of the powers, privileges, authorities, discretions, duties and responsibilities vested in or conferred upon the WAPC by the Act or any other written law as the case requires. Resolution under s16 of the Act (delegation) On 28 April 2022, pursuant to section 16 of the Act, the WAPC RESOLVED— A. TO DELEGATE its powers and functions as set out in column 1 of the attached Schedule to officers of the WAPC and the person or persons from time to time holding or acting in the offices in the department charged with the administration of the Planning and Development Act 2005, as specified in column 2 of the attached Schedule, subject to the conditions specified in column 3 of the attached Schedule; B. TO AMEND the Instrument of Delegation “Delegation to Officers of Certain Powers and Functions of the Western Australian Planning Commission 2012/02” published in the Government Gazette on 16 October 2016 (and as amended) to give effect to this delegation as set out in the attached Schedule. Ms SAM FAGAN, Secretary Western Australian Planning Commission. ———— Planning and Development Act 2005 Amendment to Instrument of Delegation SCHEDULE Schedule 15 Instrument Column 1—Powers and functions Column 2—Delegate Column 3— Conditions SCHEDULE 15—Powers and functions concerning the Ocean Reef Marina Improvement Scheme No. 1 General delegations 15.1 - Where such power is conferred upon the WAPC, power to amend the manner and form of any document referred to, required by or provided under the Ocean Reef Marina Improvement Scheme No.1(“the Scheme”). • Chairperson of the WAPC • Director General Limited to amendments of an administrative nature. 15.2 - Power to set or amend a timeframe, or stipulate a date, under the Scheme, where such power is conferred upon the WAPC. • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning
2858 GOVERNMENT GAZETTE, WA 3 May 2022 Instrument Column 1—Powers and functions Column 2—Delegate Column 3— Conditions Improvement Policies (Pt. 2) 15.3 - Power to amend an Improvement Scheme Policy. • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning Limited to administrative amendments that do not affect fundamental aspects of the policy. 15.4 - Power to determine, for the purpose of clause 13 (1) (b) and (c) of the Scheme, how to give notice of any Improvement Scheme Policy, or what other consultation would be appropriate. • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning Additional uses for reserves (Part 3) 15.5 - Power to approve additional uses for reserves for the purpose of clause 18(1) and (2). • Chairperson of the WAPC Precincts and uses (Pt.4) 15.6 - Power to determine, for the purposes of clause 23(5) of the Scheme, whether a. a use is consistent with the objectives of a particular Precinct and is therefore a use that may be permitted in the precinct subject to conditions; b. determine that a use may be consistent with the objectives of a particular precinct and give notice under clause 71 of the Scheme before considering an application for development approval for the use of the land; c. determine that a use is not consistent with the objectives of a particular Precinct and is therefore not permitted in the Precinct. • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.7 - Power to determine, for the purpose of clause 23(7(b)), whether a proposed class X not permitted use which relates to land that is being used for a non-conforming use would be less detrimental that the non- conforming use. • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning
3 May 2022 GOVERNMENT GAZETTE, WA 2859 Instrument Column 1—Powers and functions Column 2—Delegate Column 3— Conditions 15.8 - Power to determine, for the purpose of clause 26(3) of the Scheme, whether a proposed change from a non-conforming use to another use that is not permitted by the scheme is— a. less detrimental to the amenity of a locality than an existing non- conforming use; b. closer to the intended objectives of the Precinct in which the land is situated. • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.9 - Power to perform the function under clause 27 of the Scheme, to prepare and maintain a register of non-conforming uses. • Chairperson of the WAPC • Director General • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning General development requirements (Pt.5) 15.10 - Power to form an opinion as to whether non-compliance with an additional site and development requirement will mean that a development is likely to adversely affect any owners or occupiers in the general locality or in an area adjoining the site of a development (cl. 50(3)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning Local Development Plans (pt. 6) 15.11 - Power to determine that a local development plan may be prepared (cl. 54). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning 15.12 - Power to prepare a local development plan in the circumstances set out in clause 54 of the Scheme (cl. 55(2)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning
2860 GOVERNMENT GAZETTE, WA 3 May 2022 Instrument Column 1—Powers and functions Column 2—Delegate Column 3— Conditions 15.13 - Power to approve the manner and form of a local development plan (cl. 55). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.14 - Power to determine what maps, other information or material is to be included in a local development plan (cl. 55). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.15 - Power to consider a submitted local development plan and determine whether it complies with clause 55(1) of the Scheme, or if further information is required before it can be accepted for assessment and advertising (cl. 56 (1)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.16 - Power to advise an applicant as to whether: (a) the local development plan complies with clause 55(1) of the Scheme; or (b) further information from the applicant is required before the local development plan can be accepted for assessment and advertising (cl. 56(1)(a)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning
3 May 2022 GOVERNMENT GAZETTE, WA 2861 Instrument Column 1—Powers and functions Column 2—Delegate Column 3— Conditions 15.17 - Power to provide an estimate of the fee for dealing with the application in accordance with the Planning and Development Regulations 2009 regulation 48 (c. 56(1)(b)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.18 - Power to advertise a local development plan (cl. 57(1)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.19 - Power to determine whether a local development plan is to be advertised where that plan is not likely to adversely affect any owners or occupiers within the area covered by the plan or an adjoining area (cl. 57(3)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.20 - Power to form an opinion as to whether a local development plan is to be advertised where that plan is not likely to adversely affect any owners or occupiers within the area covered by the plan or an adjoining area (cl. 57(3)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning
2862 GOVERNMENT GAZETTE, WA 3 May 2022 Instrument Column 1—Powers and functions Column 2—Delegate Column 3— Conditions 15.21 - Power to make a local development plan and accompanying material available for public inspection (cl. 57(4)(a)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.22 - Power to determine whether a local development plan and the material accompanying it is published on the website of the WAPC (cl. 57(4)(b)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning 15.23 - Power to determine whether comments in relation to the proposed local development plan should be sought from any public authority or utility service provider, and if so, which public authority or utility service provider comments are to be sought from (cl. 57(1)(b)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.24 - Power to consider submissions in relation to a local development plan (cl. 58). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.25 - Power to approve or refuse to approve a local development plan (cl. 59). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning
3 May 2022 GOVERNMENT GAZETTE, WA 2863 Instrument Column 1—Powers and functions Column 2—Delegate Column 3— Conditions 15.26 - Power to require the person who prepared the local development plan to modify the plan and resubmit the modified plan (cl.59(1)(b)(i) and (ii)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.27 - Power to determine the manner in which a local development plan is to be modified (cl.59(1)(b)(i)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.28 - Power to approve a local development plan that provides for further details of any development included in the plan to be submitted and approved before development commences (cl. 60(1)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning 15.29 - Power to form an opinion as to whether further matters that are to be approved would not result in a substantial departure from the local development plan referred to in clause of the Scheme (cl. 60). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning 15.30 - Power to publish a local development plan on the WAPC website (cl. 62). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning 15.31 - Power to approve an application for development approval in an area referred to in clause 54(a) of the Scheme as being an area for which a local development plan may be prepared, but for which no local development plan has been approved (cl. 63). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning
2864 GOVERNMENT GAZETTE, WA 3 May 2022 Instrument Column 1—Powers and functions Column 2—Delegate Column 3— Conditions 15.32 - Power to extend the period of approval of a local development plan (cl. 64(2)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning 15.33 - Power to revoke approval of a local development plan (cl. 64, 65). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning 15.34 - Power to amend a local development plan (cl. 66(1)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning 15.35 - Power to form an opinion as to whether an amendment to a local development plan is of a minor nature (cl. 66(4)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.36 - Power to decide whether an amendment to a local development plan is to be advertised (cl. 66(4)). 15.37 - Power to extend the period of approval of a local development plan (cl. 66(5)). Form of DA application (Pt. 8) 15.38 - Power to— a. identify any information or material that should accompany an application for development approval (cl.70(1)(d)); b. waive or vary the requirements as to what material must accompany such an application (cl,70(2)). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.39 - Power to determine whether a use is consistent with the objective of a Precinct and that notice of the application should be given. (cl.71(1)(b)(ii)). 15.40 - Power to determine a departure from the Scheme’s requirements is minor and to waive the requirement for advertising a development application. (cl.71(2)).
3 May 2022 GOVERNMENT GAZETTE, WA 2865 Instrument Column 1—Powers and functions Column 2—Delegate Column 3— Conditions Determining DAs (Pt. 9) 15.41 - Power to identify authorities that may be affected by a development application (cl. 73 of the Scheme). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.42 - Power to perform the functions and exercise the powers of the WAPC under Part 9 of the Scheme, to determine— a. applications made for approval to commence and carry out development, provided such determination would accord with the objectives and intent of any policies (if any) of the WAPC; b. applications to amend or cancel development approval, provided the original decision was made under delegation and the recommendation is to approve the request. • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning Excludes the power to refuse approval Enforcement and (Pt. 10) 15.43 - Power to designate an officer for the purposes of clause 85, who may enter and inspect property within the Scheme area. • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning The designation must be made by a formal written instrument, such as a memorandum or letter. 15.44 - Power under clause 86 of the Scheme, to require repair to an advertisement. • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning • Planning Managers, Land Use Planning • Principal Planning Officers, Land Use Planning 15.45 - Power to refuse to accept an application made under the Scheme (cl. 87) • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning
2866 GOVERNMENT GAZETTE, WA 3 May 2022 Instrument Column 1—Powers and functions Column 2—Delegate Column 3— Conditions 15.46 - Power to form the opinion as to whether there is in place an agreement for the WAPC to use any copyrighted material provided in support of the application— (a) for the purposes of advertising the application or implementing a decision on the application; and (b) for zero remuneration. (cl. 87). • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Planning Directors, Land Use Planning ——————————— PL403 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT City of Gosnells Local Planning Scheme No. 6—Amendment No. 110 Ref: TPS/0554 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Gosnells Local Planning Scheme amendment on 11 April 2022 for the purpose of— 1 Amending the Scheme Map to include a DCA that applies to Southern River Precinct 3 to define the Contribution Area on the Scheme Map, as shown on the amendment plan contained in this report. 2. Modifying the existing DCA provisions within the Scheme Text by inserting a modified Attachment E within Schedule 8 of the Text. 3. Amending the Scheme text by inserting the modified Attachment E into Schedule 8 of the Scheme, as follows— “ATTACHMENT E—SPECIFIC PROVISIONS RELATING TO THE SOUTHERN RIVER PRECINCT 3 AREA Reference No. DCP 5 Area Name DCA 5 (Southern River Precinct 3 DCA) Relationship to other planning instruments This Development Contribution Plan generally operates in association with the Southern River Precinct 3 Local Structure Plan and Sub Precinct Structure Plans, adopted pursuant to the Scheme. Infrastructure and administration items to be - funded.
- Drainage (a) Forrestdale Main Drain Widening • 100% of the cost of acquisition for drain widening (excluding land to be credited as public open space under an approved structure plan and/or Resource Enhancement Wetlands). • 100% of the cost of basic landscaping works (turf and reticulation). (b) Balannup Drain Widening • 100% of the cost of land acquisition for widening (excluding land to be credited as public open space under an approved structure plan). • 100% of the cost of basic landscaping works (turf and reticulation) for drain widening. (c) Southern River Road Drainage Basin • 100% of the cost of land acquisition for a drainage basin required for drainage of Southern River Road, as shown on the Sub- Precinct 3E structure plan.
- Arterial Roads (a) Southern River Road Upgrade Works between Ranford Road and Southern River • 50% of the cost of constructing one carriageway including drainage. • 50% of the cost of full earthworks for second carriageway.
3 May 2022 GOVERNMENT GAZETTE, WA 2867 Reference No. DCP 5 (b) Holmes Street Upgrade Works between Southern River Road and Passmore Street • 100% of the cost of constructing one carriageway including drainage. • 50% of the cost of full earthworks for second carriageway. (c) Land Acquisition • Holmes Street between Southern River Road and Passmore Street. • Southern River Road between Ranford Road and Southern River. 3. Traffic Management Devices • 50% of the cost of installing roundabout at the intersection of Southern River Road and Holmes Street. • 100% of the cost of constructing a roundabout at the intersection of Holmes Street and Matison Street. • 50% of the cost of constructing a roundabout at the intersection of Holmes Street and Passmore Street. • 50% of the cost of constructing a roundabout at the intersection of Southern River Road and Aldenham Drive / Furley Road. 4. Shared Use Paths • 100% of the cost of constructing a shared use path along the Southern River foreshore from Southern River Road to Verna Street. • 100% of the cost of constructing a shared use path along Passmore Street from Furley Road to Southern River. • 100% of the cost of constructing shared use path along Holmes Street from Southern River Road to Passmore Street. • 100% of the cost of constructing a shared use path along Southern River Road from Ranford Road to Southern River. 5. Public Open Space (a) Development • 100% of the cost for public open space development, as set out in the DCP. 6. Relocation of Services • 50% cost relocation of Telstra services on Southern River Road and Holmes Street intersection • Proportionate relocation of Western Power high voltage transmission infrastructure along Southern River Road. 7. General Administration and Studies Administrative Items permitted by definition under Clause 5.4.1 are identified in more detail in the Development Contribution Plan Report, including— • Costs to prepare and administer the Development Contribution Plan (including legal expenses, valuation fees, cost of design and cost estimates, consultant and contract services, financing costs, proportion of staff salaries, technical support and office expenses for the purposes of administering the plan). • Costs to review estimates including the costs for appropriately qualified independent persons. • Costs to update the cost apportionment schedules, register of costs contributions and infrastructure agreements. 8. Sub-Precinct Contributions • Balannup Lake Branch Drain crossing (Precinct 3A South (35%) Precinct 3E (65%)). • Forrestdale Main Drain crossing (Precinct 3D) • Cost of Local Structure Planning (Precinct 3a (North)). • Public Open Space equalisation (Precinct 3A (North), 3A (South), 3B, 3C, 3D, 3E).
2868 GOVERNMENT GAZETTE, WA 3 May 2022 Method for calculating contributions All landowners within the DCA 5 shall make a contribution to the cost of the following common infrastructure and administrative items. Precinct/Item 3A (North) 3A (South) 3B 3C 3D 3E 3F Land Acquisition for Arterial Roads ✓ ✓ ✓ ✓ ✓ ✓ ✓ Southern River Road Upgrade ✓ ✓ ✓ ✓ ✓ ✓ ✓ Holmes Street Upgrade ✓ ✓ ✓ ✓ ✓ ✓ ✓ Shared Use Paths ✓ ✓ ✓ ✓ ✓ ✓ ✓ Traffic Management Devices ✓ ✓ ✓ ✓ ✓ ✓ ✓ Relocation of Services ✓ ✓ ✓ ✓ ✓ ✓ ✓ Forrestdale Main Drain Widening/ Landscaping ✓ ✓ ✓ ✓ ✓ ✓ ✓ Balannup Drain Widening/ Landscaping ✓ ✓ ✓ ✓ ✓ ✓ ✓ Land Acquisition for Drainage ✓ ✓ ✓ ✓ ✓ ✓ ✓ Administrative Items ✓ ✓ ✓ ✓ ✓ ✓ ✓ The Southern River Precinct 3 contribution area is divided into seven sub- precincts. Each sub-precinct shall make a contribution towards the cost of the following additional common infrastructure and administrative items as detailed in the Development Contribution Plan Report. Valuations, cost contributions and expenditure for each sub-precinct shall be calculated and accounted separately. Sub-Precinct Cost Contributions Precinct/ Item 3A North 3A South 3B 3C 3D 3E 3F Forrestdale Main Drain Road Crossing ✓ Balannup Drain Road Crossing ✓ ✓ Public Open Space Development ✓ ✓ ✓ ✓ ✓ ✓ Public Open Space Equalisation ✓ ✓ ✓ ✓ ✓ ✓ Preparation of Local Structure Plan ✓ The contribution rate is to be calculated as a per hectare rate on the net contribution area for Precinct 3. The combined cost of common infrastructure works is to be divided across the net contribution area. The following formula applies— $CR = $CIW / NCA Where— $CR is the contribution rate per hectare; $CIW is the total cost of all common infrastructure works; and NCA is the net contribution area. Developer contribution payments for individual properties are to be calculated by multiplying the contribution rate with the net contribution area of the individual property (developable area). The following formula applies— $C = $CR X DA
3 May 2022 GOVERNMENT GAZETTE, WA 2869 Reference No. DCP 5 Where— $C is the contribution payment; and DA is the developable area (contribution area of individual property) A review of the cost of common infrastructure is to be undertaken annually at which time the contribution rate will be revised. Revised costs are to be based on a combination of CPI and other various civil and construction work indexes to allow for cost escalation. The fair market value of the land component of common infrastructure works is to be determined by a licenced valuer, and the methodology detailed in the DCP Report. Period of operation Ten years from the date of gazettal of Amendment No. 110 to the City of Gosnells Local Planning Scheme. Priority and timing As set out in the Development Contribution Plan Report or in accordance with any relevant Council resolution. Review process Council will review the Development Contribution Plan Report annually and will adjust the cost estimate of infrastructure items and land valuations as required. Annual Status Report The City shall publish an Annual Status Report for DCP 5 in accordance with the requirements of State Planning Policy 3.6 Infrastructure Contributions (as amended). T. LYNES, Mayor. I. COWIE, Chief Executive Officer. PUBLIC NOTICES ZZ401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Joan Frances Drinkwater, late of 25 Richmond Ave, Shoalwater, 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 February 2022, are required by the trustee, Phillip Epis of care of Frichot Lawyers, Level 1 Manning Buildings, 135 High Street Mall, Fremantle, Western Australia, to send particulars of their claim to him by 6 June 2022, after which date the trustee may convey or distribute the assets, having regard only to the claims of which he then has notice. ———————————