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.
———————————
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