City of Busselton Holiday Homes Amendment Local Law 2022

4907 ISSN 2204-4264 (online) PERTH, TUESDAY, 11 OCTOBER 2022 No. 148 PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CONTENTS PART 1 Nil ——— PART 2 Page Justice ................................................................................................................................................ 4909 Local Government .............................................................................................................................. 4909 Marine/Maritime................................................................................................................................ 4913 Premier and Cabinet ......................................................................................................................... 4914 Public Notices..................................................................................................................................... 4915 Regional Development ....................................................................................................................... 4915

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11 October 2022 GOVERNMENT GAZETTE, WA 4909 — PART 2 — JUSTICE JU401 COURT SECURITY AND CUSTODIAL SERVICES ACT 1999 PERMIT DETAILS REVOKED The following permit has been revoked pursuant to Section 56 of the Court Security and Custodial Services Act 1999— Surname Given and Other Name(s) Permit No. Revocation Reason—Resignation S56(1)(a) Not related to misconduct or other performance related issues. Welch Dale Bernard 210031 Dated 5 October 2022. MIKE REYNOLDS, Commissioner. LOCAL GOVERNMENT LG401 LOCAL GOVERNMENT ACT 1995 City of Busselton HOLIDAY HOMES 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 Busselton resolved on 21 September 2022 to make the following local law.

1. Title This is the City of Busselton Holiday Homes Amendment Local Law 2022.
2. Commencement This local law comes into operation 14 days after the day on which it is published in the Government Gazette.
3. Principal local law This local law amends the City of Busselton Holiday Homes Local Law 2012, published in the Government Gazette on 30 April 2012.
4. Clause 2.3 amended In clause 2.3(i)(ii) and 2.3(j)(ii), delete each reference to “24 hours” and insert— 12 hours
5. Clause 2.6 amended In clause 2.6(k)(ii), delete “24 hours” and insert— 12 hours,
6. Clause 3.4 amended In clause 3.4(2), delete “24 hours” and insert— 12 hours
7. Schedule 2 amended In Schedule 2— (a) delete the modified penalty of “$400.00” and insert— $450.00 (b) delete each modified penalty of “$300.00” and insert— $350.00

4910 GOVERNMENT GAZETTE, WA 11 October 2022 (c) delete the modified penalty of “$200.00” and insert— $250.00 Dated 21 September 2022. The Common Seal of the City of Busselton was affixed by authority of a resolution of the Council in the presence of— GRANT DOUGLAS HENLEY, Mayor. NAOMI LOUISE SEARLE, A/Chief Executive Officer. ——————————— LG402 CAT ACT 2011 LOCAL GOVERNMENT ACT 1995 City of Kwinana CAT AMENDMENT LOCAL LAW 2022 Under the powers conferred by the Cat Act 2011, the Local Government Act 1995 and all other powers enabling it, the Council of the City of Kwinana resolved on 28 September 2022 to make the following local law. PART 1—PRELIMINARY

1. Citation This local law may be cited as the City of Kwinana Cat Amendment Local Law 2022.
2. Commencement This local law will come into operation 14 days after publication in the Government Gazette.
3. Principal Local Law This local law amends the City of Kwinana Cat Local Law 2022 as published in the Government Gazette on 29 March 2022. PART 2—AMENDMENTS
4. Clause 1.2 amended In clause 1.2— (a) delete the definition for “effective control”: and (b) insert in the appropriate alphabetical position— ‘cat prohibited area means an area described in Schedule 2;’.
5. Clause 2.4 amended Delete subclause 2.4(1)(b) and the subclauses following this being renumbered accordingly.
6. Clause 3.1 replaced Delete clause 3.1 and insert— ‘3.1 Cats in Prohibited Areas A cat shall not be in any cat prohibited area unless the owner of the cat has first obtained written authorisation from the local government.’.
7. Schedule 1 amended In Schedule 1 at item 3 delete “Cat wandering” and insert “Cat in prohibited area without consent”.
8. Insert Schedule 2 Immediately following Schedule 1 insert— Schedule 2 Cat Prohibited Areas Areas where cats are prohibited— Common Name Physical Boundaries Description Belgravia Dampland Reserve Reserve Number 49702 All bushland and parkland within the listed reserve. Bertram Sanctuary Reserve Reserve Number 49067 All bushland and parkland within the listed reserve. Clementi Reserve Reserve Number 41746 All bushland and parkland within the listed reserve. Cordata Wetland Reserve Number 52722 All bushland and parkland within the listed reserve. Henley Reserve Reserve Number 43072 and 50531 All bushland and parkland within the listed reserves.

11 October 2022 GOVERNMENT GAZETTE, WA 4911 Common Name Physical Boundaries Description “Living Edge” Reserve Reserve Number 53383 Reserve Number 53384 All bushland and parkland within the listed reserves. “Lizard Park” Reserve Reserve Number 51852 All bushland and parkland within the listed reserve. Miller Reserve Reserve Number 25684 All bushland and parkland within the listed reserve. “Sunrise” Reserve Reserve Number 52361 Reserve Number 52840 All bushland and parkland within the listed reserves. Wildflower Reserve Reserve Number 38747 and Lot 9215 on DP55472 All bushland and parkland within the listed reserve and lot. ———— Dated this 6th day of October 2022. The Common Seal of the City of Kwinana was hereunto affixed in the presence of— CAROL ADAMS, Mayor. WAYNE JACK, Chief Executive Officer. ——————————— LG501 BUSH FIRES ACT 1954 Shire of Augusta Margaret River FIREBREAK NOTICE 2022-2023 The following Notice is hereby given to all owners and/or occupiers of land within the Shire of Augusta Margaret River. PURSUANT to the powers contained in Section 33 of the Bush Fires Act 1954, you are hereby required and therefore ordered by the local government to carry out fire prevention work in accordance with the requirements of this Notice, on or before 30 November 2022, and maintain the requirements up to and including 12 May 2023, except for APZs which must be maintained all year round. Inspections, appointments, education, and compliance Owners and occupiers who would like an early inspection by appointment, for reasons including biosecurity, locked gates, and dangerous animals, or for explanation on the requirements of this Notice, should contact Rangers as soon as possible and by no later than 1 November 2022. Where inspections by appointment are not requested, Rangers are appointed as Bush Fire Control Officers with the power to enter land under the Bush Fires Act 1954 and will be inspecting properties for compliance without further notice from 1 December 2022. People who do not comply with this Notice or a Variation to this Notice may be issued with an infringement Notice ($250) or prosecuted with a penalty up to $5,000. The Shire of Augusta Margaret River may carry out the required work on the land at cost to the owner/occupier. Requirements of landowners and occupiers

1. All landowners/occupiers must carry out fire prevention work in Part A of this Notice.
2. Owners/occupiers of Residential and Rural/Residential lots 4001m2 and over must comply with the requirements of Part A and Part B.
3. Owners/occupiers of Rural lots (excluding plantations, vineyards, orchards, and olive groves) must comply with the requirements of Part A and Part C.
4. Owners/occupiers of Plantations, Vineyards, Orchards and Olive Groves must comply with the requirements of Part A and Part D or E depending upon the land use. Variations to the requirements of this Notice Where compliance with the Firebreak Notice is not practical due to environmental considerations or site-specific constraints such as water course or steep gradients, owners may apply to the Shire of Augusta Margaret River for a Variation to the Firebreak Notice. Variations must provide an alternative means of meeting the objectives of the Notice, including bushfire risk mitigation and property access, taking into account site-specific constraints and advantages and not all properties will be able to accommodate Variations. Applications must be completed on the approved form, which is available upon request or can be downloaded via the Shire’s website. Applications for a Variation have a $30 fee unless they are submitted before 1 November 2022 in which case, they are processed free of charge.

4912 GOVERNMENT GAZETTE, WA 11 October 2022 A. REQUIREMENTS APPLYING TO ALL PROPERTIES IN THE DISTRICT OF AUGUSTA MARGARET RIVER

1. Asset Protection Zone (APZ) Means the area of land within 20 metres from the external walls of any habitable building. The fuel loading (flammable material) in the APZ is to be reduced and maintained to less than 2 tonnes per hectare. Trees must not be closer than 2 metres to a building, and trees must not overhang a building within 4 metres of the external roof. APZ requirements apply to all properties (excluding vacant lots), regardless of size, and must be maintained all year round.
2. Bushfire Management Plan Means a plan prepared in satisfaction of a development approval or subdivision condition. Properties subject to an approved Bushfire Management Plan must comply with the requirements of their plan in addition to the requirements of the Notice. Please note—At the Shire of Augusta Margaret River’s discretion, Variations may recognise alternate methods and requirements for compliance in an approved Bushfire Management Plan.
3. Driveway/Access way Means the access route from the road to your main dwelling. This should be a minimum of 4 metres wide with a minimum 4 metre vertical clearance to allow emergency vehicles to access your property.
4. Firebreak Means an area of land that has been cleared of all trees, bushes, grasses, and any other object or thing which may be flammable, leaving a bare surface to a width specified under the requirements in Parts A, B, C or D with a 4 metre high vertical clearance. Where a Firebreak is required to be ‘trafficable’ under this Notice, it must be a firm, stable surface capable of allowing a 4WD fire appliance to enter, exit and turn any corner (10m radius) without reversing. 2 metre wide firebreaks are required around all piles of garden refuse and/or wood stacks, fuel and fodder.
5. Gutters and rooftops Gutters and rooftops are to be kept free of excessive twigs, leaves and plant material. B. ADDITIONAL REQUIREMENTS APPLYING TO RESIDENTIAL/RURAL RESIDENTIAL LOTS 4001M2 AND OVER—
6. Firebreak Requirements • 3 metre wide trafficable firebreaks within 10 metres of all boundaries.
7. Grasses slashed/mowed to less than 10cm • Vacant/cleared land that is not being actively grazed. C. ADDITIONAL REQUIREMENTS APPLYING TO RURAL LOTS (EXCLUDING PLANTATIONS, VINEYARDS, ORCHARDS AND OLIVE GROVES)—
8. Firebreak Requirements • 3 metre wide trafficable firebreak required within 100 metres of a boundary that abuts a road reserve. • Where land is actively grazed or maintained to less than 10cm, the firebreak within 100 metres of a boundary that abuts a road reserve may be reduced to 2 metres.
9. Grasses slashed/mowed to less than 10cm • Vacant/cleared land that is not being actively grazed. D. ADDITIONAL REQUIREMENTS APPLYING TO PLANTATIONS—
10. Firebreak Requirements • 10 metre wide mineral earth firebreak around each cell or block—3 metres must be trafficable.
11. Grasses slashed/mowed to less than 10cm E. ADDITIONAL REQUIREMENTS APPLYING TO VINEYARDS, ORCHARDS AND OLIVE GROVES—
12. Firebreak Requirements • 5 metre wide mineral earth firebreak around each cell or block—3 metres must be trafficable.
13. Grasses slashed/mowed to less than 10cm Please note—Rangers may exercise discretion where owners and occupiers have engaged with the Shire and can demonstrate that they have taken active steps to comply with this Notice. ———————————

11 October 2022 GOVERNMENT GAZETTE, WA 4913 LG502 BUSH FIRES ACT 1954 Shire of Wongan-Ballidu FIREBREAK NOTICE Each year, from the 13th of October until the 31st of March, you are required to ensure your property meets fire break compliance standards. The Shire of Wongan-Ballidu will be patrolling locales within the Shire to ensure all properties meet the requirements as per the following notice— Fire Break Notice Pursuant to the powers contained in section 33 of the Bush Fires Act 1954, you are hereby required on or before the 13th day of October, to plough, scarify, cultivate, spray or otherwise clear and thereafter maintain free of all inflammable material until the 31st day of March firebreaks in the following dimensions on the land owned or occupied by you. Townsite Properties 1.1 All land zoned Residential; Rural Townsite and Commercial are required to reduce all annual grass and herbage to a height of not more than 75mm. Rural Residential and Industrial Properties 1.2 All land of less than 1 hectare (10,000 square metres) and zoned under the Town Planning Scheme as Rural Residential and Industrial are required to have all annual grass and herbage slashed or mowed to a height of not more than 100mm and construct a clear earth firebreak of not less than 2 metres in width immediately surrounding all buildings and/or haystacks situated on the land. Rural Properties 1.3 All land greater than 1 hectare (10,000 square metres) are required to construct a clear earth firebreak of not less than 3 metres in width immediately inside all external boundaries and immediately surrounding all buildings and/or haystacks situated on the land, and to reduce all annual grass and herbage to a height of not more than 100mm within 15 metres surrounding any building. Restricted Burning Period 13 October 2022 to 14 November 2022 Please contact your local Fire Captain for burning permits Prohibited Burning Period 15 November 2022 to 13 February 2023 No burning allowed, no permits will be issued Restricted Burning Period 14 February 2023 to 31 March 2023 Please contact your local Fire Captain for burning permits SHOULD YOU REQUIRE YOUR PROPERTY MOWED/SLASHED AHEAD OF THE FIREBAN SEASON, PLEASE CONTACT— Wongan Hills Golf Club—Ben Milton 0427 994 554 (Large Blocks only) Ballidu Fire Brigade—Jarrod Hood 0428 247 930 The above local emergency contacts should NOT be contacted in an emergency situation. Call 000 to report all emergencies. MARINE/MARITIME MA401 WESTERN AUSTRALIAN MARINE ACT 1982 NAVIGABLE WATERS REGULATIONS 1958 WATER SKI AND PERSONAL WATERCRAFT Wellington Dam Shire of Collie Pursuant to regulation 48A(1) and 50A of the Navigable Waters Regulations 1958, I cancel Notice MA407 and MA404 published in the Government Gazette on 28 February 2014. This notice is valid from the date of publication. PETER BEATTIE, A/ Director Waterways Safety Management, and delegate of the Chief Executive Officer, Department of Transport. ———————————

4914 GOVERNMENT GAZETTE, WA 11 October 2022 MA402 WESTERN AUSTRALIAN MARINE ACT 1982 CLOSURE OF NAVIGABLE WATERS ORDER—MOTORISED VESSELS Wellington Dam Shire of Collie Pursuant to section 66 of the Western Australian Marine Act 1982, I cancel Notice MA401 published in the Government Gazette on 14 September 2018, Notice MA401 as published in the Government Gazette on 22 February 2019, Notice MA408 as published in the Government Gazette on 28 February 2014 and close the waters to motorised vessels within the following area— LOCATION: All waters of Wellington Dam except for the gazetted closed waters all vessels area adjacent to the Wellington Dam wall. Conditions of closure— (i) This closure does not apply to Western Australian Government Vessels or vessels fitted with an engine capacity of 6 horsepower or less. (ii) All motorised vessels are not permitted within those waters of Wellington Dam on the western side of Potters Gorge within 100m of the shoreline and south of a line running through 33°23.317′S, 115°58.917′E and 33°23.257′S, 115°59.097′E and north of a line running through 33°23.424′S, 115°59.163′E and 33°23.483′S, 115°58.983′E (adjacent the Potters Gorge boat ramp). All coordinates based on GDA94. This notice is valid from the date of publication. MARK BRIANT, Navigational Safety and Moorings Manager and authorised person, Department of Transport. ——————————— MA403 WESTERN AUSTRALIAN MARINE ACT 1982 SPEED RESTRICTION AREA—5 KNOTS Wellington Dam Shire of Collie Department of Transport, Fremantle WA, 11 October 2022. Acting pursuant to the powers conferred by Section 67 of the Western Australian Marine Act 1982, I hereby cancel Notice MA402 as published in the Government Gazette on 28 February 2014. This notice is valid from the date of publication. PETER BEATTIE, A/ Director Waterways Safety Management, and delegate of the Chief Executive Officer, Department of Transport. PREMIER AND CABINET PR401 INTERPRETATION ACT 1984 MINISTERIAL ACTING ARRANGEMENTS It is hereby notified for public information that the Governor, in accordance with section 12(c) of the Interpretation Act 1984, has approved the following temporary appointment— Hon S. F. McGurk MLA to act temporarily in the office of Minister for Water; Forestry; Youth in the absence of the Hon D. J. Kelly MLA for the period 11 to 14 October 2022 (both dates inclusive). E. ROPER, Director General, Department of the Premier and Cabinet.

11 October 2022 GOVERNMENT GAZETTE, WA 4915 REGIONAL DEVELOPMENT RG401 REGIONAL DEVELOPMENT COMMISSIONS ACT 1993 APPOINTMENTS It is hereby notified for general information that the Minister for Regional Development has approved the following appointments in accordance with Part 3 of the Regional Development Commissions Act 1993— Pilbara Development Commission Board of Management Re-appointment of Mr Timothy Larkin as Chair for a term expiring 31 December 2022. Appointment of Mr Brett Ellacott as Deputy Chair for a term expiring 30 June 2025. Hon. ALANNAH MacTIERNAN, MLC, Minister for Regional Development. PUBLIC NOTICES ZZ401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Patricia Ann Petty, late of 82 Oakmont Avenue, Meadow Springs 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 Patricia Ann Petty, deceased, who died on 28 May 2022 at Acacia Living, 82 Oakmont Avenue, Meadow Springs in the said State are required by the executor Allan John Claydon to send particulars of their claims to Peel Legal Barristers & Solicitors of PO Box 1995, Mandurah, WA 6210 by the date one month following the publication of this notice after which date the executors may convey or distribute the assets having regard only to the claims of which he has then had notice. ——————————— ZZ402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Terrence Gooch Warr, late of 30 Third Avenue, Mandurah 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 Terrence Gooch Warr, deceased, who died on the 7th day of April 2022 at Peel Health Campus, Greenfields in the said State are required by the administrator Bradley Terrence Warr to send particulars of their claims to Peel Legal Barristers & Solicitors of PO Box 1995, Mandurah, WA 6210 by the date one month following the publication of this notice after which date the administrator may convey or distribute the assets having regard only to the claims of which he has then had notice. ———————————