Section 1 - City of Greater Geraldton Meeting Procedures Amendment Local Law 2016 - City of Greater Geraldton Meeting Procedures Amendment Local Law 2016 | Zoe
11 October 2016 GOVERNMENT GAZETTE, WA 4531
— PART 1 —
P ROCLAMATIONS
AA101
Graffiti Vandalism Act 2016
Graffiti Vandalism Act 2016 Commencement
Proclamation 2016
Made under the Graffiti Vandalism Act 2016 section 2(b) by the
Governor in Executive Council.
Citation
This proclamation is the Graffiti Vandalism Act 2016
Commencement Proclamation 2016.
Commencement of Act
The Graffiti Vandalism Act 2016, other than Part 1, comes into
operation on the day after the day on which this proclamation is
published in the Gazette.
K. SANDERSON, Governor. L.S.
L. HARVEY, Minister for Police.
———————————
4532 GOVERNMENT GAZETTE, WA 11 October 2016
E NERGY
EN301
Gas Standards Act 1972
Gas Standards (Gas Supply and System Safety)
Amendment Regulations 2016
Made by the Governor in Executive Council.
Citation
These regulations are the Gas Standards (Gas Supply and
System Safety) Amendment Regulations 2016.
Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these
regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
Regulations amended
These regulations amend the Gas Standards (Gas Supply and
System Safety) Regulations 2000.
Regulation 5 amended
In regulation 5(2)(a) delete “4564-2005:” and insert:
4564-2011
Note: The heading to amended regulation 5 is to read:
Undertakers’ duties as to quality of gas supplied to consumers
Regulation 7 amended
(1) In regulation 7(1A):
(a) in paragraph (b) delete “odorising.” and insert:
odorising; and
(b) after paragraph (b) insert:
(c) does not include any other substance that —
(i) may adversely affect pipework or any
other component used to convey the
LPG; or
11 October 2016 GOVERNMENT GAZETTE, WA 4533
(ii) may adversely affect any gas appliance
in which the LPG is used; or
(iii) may be toxic to a person who has
contact with it, or its combustion
products, in the course of the normal
operation of any gas appliance in which
the LPG is used.
(2) In regulation 7(1):
(a) in paragraph (b) delete “odorising.” and insert:
odorising; and
(b) after paragraph (b) insert:
(c) does not include any other substance that —
(i) may adversely affect pipework or any
other component used to convey the
LPG; or
(ii) may adversely affect any gas appliance
in which the LPG is used; or
(iii) may be toxic to a person who has
contact with it, or its combustion
products, in the course of the normal
operation of any gas appliance in which
the LPG is used.
Note: The heading to amended regulation 7 is to read:
Undertakers’ duties as to quality of LPG supplied to consumers
6. Regulation 12 replaced
Delete regulation 12 and insert:
12. Undertakers’ duties as to supplying mixed LPG for
propulsion purposes
An undertaker must ensure that mixed LPG supplied to
a consumer in liquid form for use as a fuel for use in
the propulsion of a vehicle —
(a) is a mixture of —
(i) propane or propene, or propane and
propene; and
(ii) butanes or butenes, or butanes and
butenes;
and
4534 GOVERNMENT GAZETTE, WA 11 October 2016
(b) is supplied at a vapour pressure not exceeding
1 530 kPa (gauge) at 40°C; and
(c) does not include any other substance that —
(i) may adversely affect pipework or any
other component used to convey the
mixed LPG; or
(ii) may adversely affect any gas appliance
in a vehicle in which the mixed LPG is
used; or
(iii) may be toxic to a person who has
contact with it, or its combustion
products, in the course of the normal
operation of any gas appliance in a
vehicle in which the mixed LPG is used.
7. Regulation 13 amended
In regulation 13(1):
(a) delete paragraph (a) and insert:
(a) it is supplied as —
(i) propane; or
(ii) a mixture of propane and not more than
15 mol% propene;
and
(b) in paragraph (d) delete “odorising.” and insert:
odorising; and
(c) after paragraph (d) insert:
(e) it does not include any other substance that —
(i) may adversely affect pipework or any
other component used to convey the
LPG; or
(ii) may adversely affect any gas appliance
in which the LPG is used; or
(iii) may be toxic to a person who has
contact with it, or its combustion
products, in the course of the normal
operation of any gas appliance in which
the LPG is used.
Note: The heading to amended regulation 13 is to read:
Undertakers’ duties as to supplying LPG through distribution
system
11 October 2016 GOVERNMENT GAZETTE, WA 4535
8. Regulation 15 amended
(1) In regulation 15(1) delete “6 m 3 per hour” and insert:
7.5 m 3 per hour in air
(2) In regulation 15(3):
(a) in paragraph (a) delete “6 m 3 per hour; or” and insert:
7.5 m 3 per hour in air; or
(b) in paragraph (b) delete “6 m 3 per hour.” and insert:
7.5 m 3 per hour in air.
Note: The heading to amended regulation 15 is to read:
Operating requirements for master meters
9. Regulation 16 amended
In regulation 16:
(a) in paragraph (c) delete “12 m 3 per hour; and” and insert:
12 m 3 per hour in air; and
(b) in paragraph (d) delete “6 m 3 per hour but not more than
12 m 3 per hour; and” and insert:
7.5 m 3 per hour in air but not more than 12 m 3 per hour
in air; and
(c) in paragraph (e) delete “6 m 3 per hour,” and insert:
7.5 m 3 per hour in air,
Note: The heading to amended regulation 16 is to read:
Replacement of master meters
10. Regulation 43 amended
Delete regulation 43(1)(c)(ii) and insert:
(ii) at least 100 other consumers, in the case
of natural gas, and at least 50 other
consumers, in the case of LPG.
4536 GOVERNMENT GAZETTE, WA 11 October 2016
11. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Odorant levels for various gases,
vapours and types of odorant
[r. 6(c) and 9(c)]
Odorant type Application Minimum
TBM
(mg/m 3
)
Minimum
total
(mg/m 3
)
Maximum
total
(mg/m 3
)
Mainly tertiary
butyl
mercaptan
(TBM)
Natural gas:
industrial
4 5 15
Mainly tertiary
butyl
mercaptan
(TBM)
Natural gas:
general
6 8 30
Mainly tetra
hydro
thiophene
(THT)
Natural gas:
industrial
3 8 20
Mainly tetra
hydro
thiophene
(THT)
Natural gas:
general
4 12 30
Ethyl
mercaptan
Liquefied
petroleum gas:
reticulated
Not
applicable
25 100
Ethyl
mercaptan
Liquefied
petroleum gas
(vapour): in a
commercially
filled cylinder
Not
applicable
10 Not
applicable
R. KENNEDY, Clerk of the Executive Council.
———————————
11 October 2016 GOVERNMENT GAZETTE, WA 4537
J USTICE
JU301
Sentencing Act 1995
Sentencing Amendment Regulations 2016
Made by the Governor in Executive Council.
Citation
These regulations are the Sentencing Amendment
Regulations 2016.
Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these
regulations are published in the Gazette;
(b) the rest of the regulations — when the Graffiti
Vandalism Act 2016 section 6 comes into operation.
Regulations amended
These regulations amend the Sentencing Regulations 1996.
Schedule 2 amended
(1) In Schedule 2 in the item for The Criminal Code delete “557G, ”.
(2) In Schedule 2 insert in alphabetical order:
Graffiti Vandalism Act 2016 s. 6(1)
K. H. ANDREWS, Clerk of the Executive Council.
LOCAL GOVERNMENT
LG301
LOCAL GOVERNMENT ACT 1995
City of Greater Geraldton
MEETING PROCEDURES A MENDMENT LOCAL LAW 2016
Under the powers conferred by the Local Government Act 1995 and under all other
powers enabling it, the Council of the City of Greater Geraldton resolved on
27 September 2016 to make the following local law.
PART 1—PRELIMINARY
1.1 Citation
(1) This local law may be cited as the City of Greater Geraldton Meeting Procedures
Amendment Local Law 2016.
4538 GOVERNMENT GAZETTE, WA 11 October 2016
1.2 Commencement
This local law comes into operation 14 days after the date on which it is published in
the Government Gazette.
1.3 Principal local law amended
The City of Greater Geraldton Meeting Procedures Local Law 2011, as published in
the Government Gazette on 16 February 2012, is referred to as the principal local
law. The principal local law is amended.
PART 2—AMENDMENTS
2.1 Clause 4.2 amended
Clause 4.2 (1) is amended as follows—
(a) Delete subclause (1) 1 and subclause (1) 2.
(b) Insert subclause 1. “Declaration of Opening”.
(c) Insert subclause 2. “Acknowledgement of Country”.
(d) In subclause 13 after the word “Motions” insert the words “by Members”.
2.2 Clause 4.5 amended
Clause 4.5 is amended as follows—
(a) In the title, insert the words “by Members” after the word “Motions”.
2.3 Clause 5.7 amended
In Clause 5.7 (1)—
(a) Delete subclause (a) to subclause (h) and insert—
(a) be in attendance at the meeting;
(b) first state their name and address;
(c) direct the question to the Presiding Member;
(d) ask the question briefly and concisely;
(e) limit any preamble to matters directly relevant to the question; and
(f) ensure that the question is not accompanied by any expression of
opinion, statement of fact or other comment, except where necessary
to explain the question;
(g) each member of the public with a question is entitled to ask up to
3 questions before other members of the public will be invited to ask
their questions;
(h) where a member of the public seeks a written response to their
questions to be tabled at a meeting, the member of the public must
submit their questions to Council by no later than 12 noon on the day
prior to the meeting date of which the response is to be tabled;
(b) After subclause (h) insert—
(i) where a member of the public submits their questions after 12 noon on
the day prior to the meeting date of which the response is to be tabled,
a written response may be provided at the discretion of the presiding
member;
(j) where a member of the public submits a written question after
12 noon the day prior to the meeting at which they are to be tabled, a
verbal response may be provided at the meeting;
(k) a member of the public may ask questions without notice at a meeting,
provided they present a written copy of their questions to Council
prior to the commencement of the meeting.
(c) Delete subclauses 5.7 (2) to 5.7 (8) and insert—
(2) Where a question relating to a matter in which a relevant person has
an interest is directed to the relevant person, the relevant person is
to—
(a) declare that he or she has an interest in the matter; and
(b) allow another person to respond to the question.
(3) A response to a question—
(a) is to be brief and concise; and
(b) is not to be the subject of any discussion, except that if in the
opinion of a Member, false information or any adverse reflection
is contained in any question asked or comments made by a
member of the public, then (through the Presiding Member) the
Member may correct or clarify the matter.
(4) Where an answer to a question is given at a meeting, a summary of
the question and the answer is to be included in the minutes.
(5) A question may be taken on notice by the Presiding Member for a later
response.
11 October 2016 GOVERNMENT GAZETTE, WA 4539
(6) When a question is taken on notice the CEO is to ensure that—
(a) a response is given to the member of the public in writing; and
(b) a summary of the response is included in the agenda of the next
meeting of the Council.
(7) The Presiding Member may decide that a public question shall not be
responded to where—
(a) the same or similar question was asked at a previous meeting, a
response was provided and the member of the public is directed
to the minutes of the meeting at which the response was
provided;
(b) the member of the public uses public question time to make a
statement, provided that the presiding member has taken all
reasonable steps to assist the member of the public to phrase
the statement as a question; or
(c) the member of the public asks a question that is offensive or
defamatory in nature, provided that the presiding member has
taken all reasonable steps to assist the member of the public to
phrase the question in a manner that is not offensive or
defamatory.
(8) The maximum amount of time to be set aside for public question time
is to be 15 minutes.
(d) After subclause 5.7 (8) insert—
(9) The Presiding Member has the discretion to extend public question
time to ensure that all members of the public who wish to ask
questions are able to do so.
(10) Questions relevant to items on the agenda of the meeting at which
they are asked will be given priority over those not relating to items
on the agenda.
2.4 Clause 5.17 amended
Clause 5.17 is amended as follows—
(a) Delete subclause (4).
2.5 Part 6—Questions by Members amended
Part 6 is amended as follows—
(a) In subclause (1) delete the word “governance” and replace with the word
“government”;
(b) In subclause (2)—
i. Insert “, but” after the first instance of the word “motion”;
ii. Insert “that relates to the motion”, after the first instance of the word
“question”; and
iii. Insert “provided they relate to the motion being debated” after
“further questions”.
(c) Insert the following after subclause (2)—
(3) A Member may ask a question not the subject of a debate or not
relevant to any item on the agenda, provided it relates to the good
government of people in the district, at the part of the meeting set
aside for questions from Elected Members.
(d) All subsequent subclauses are renumbered.
2.6 Clause 9.5 amended
Clause 9.5 is amended as follows—
(a) Delete subclauses (e)−(h) and replace with the following—
(e) the Presiding Member to call for any questions from Members on the
motion;
(f) a speaker against the motion;
(g) a speaker for the motion;
(h) the Presiding Member to continue calling for speakers against and for
the motion in alternating order, until there are no more speakers
either for, or against;
(i) mover takes right of reply, which closes debate.
————
Dated: 3 October 2016.
The Common Seal of the City of Greater Geraldton was affixed by the authority of
the resolution of Council in the presence of—
SHANE VAN STYN, Mayor.
KENNETH DIEHM, Chief Executive Officer.
———————————
4540 GOVERNMENT GAZETTE, WA 11 October 2016
— PART 2 —
CONSERVATION
CO401
CONSERVATION AND LAND MANAGEMENT ACT 1984
MANAGEMENT PLAN FOR THE YAWURU N AGULAGUN / R OEBUCK B AY MARINE PARK
Under section 14(9) of the Conservation and Land Management Act 1984 (CALM Act) notice is given
that an indicative management plan, prepared in accordance with sections 13 and 14 of the CALM
Act for the Yawuru Nagulagun / Roebuck Bay Marine Park, reserved on 4 October 2016, has been
approved with modifications by the Minster for Environment.
The approved management plan, namely the Yawuru Nagulagun / Roebuck Bay Marine Park joint
management plan 2016, will come into operation on the day of publication of this notice in the
Gazette.
Notice is given under sections 14(7) and 60 (2) of the CALM Act of the following modifications to the
indicative plan approved by the Minister for Environment—
Additional strategies have been included to address identified pressures to further enhance
conservation outcomes for waterbirds (including migratory shorebirds), finfish (including
threadfin and bluenose salmon), invertebrates (including mud crabs), intertidal sand and
mudflat communities, salt marsh and saline grassland communities and fossil dinosaur
footprints.
Marine mammals (including snubfin dolphins and dugongs) have been designated as a key
performance indicator in recognition of their conservation value and broad community
priority for management.
Amendments have been made to the outer boundary of the marine park as it relates to
Broome Port waters to reflect straight lines of latitude and longitude to facilitate user
understanding and compliance.
The intention to establish a mooring control area in Dampier Creek under the Shipping and
Pilotage Act 1967 has been removed.
A new strategy that requires the marine park to be jointly managed between the Department
of Parks and Wildlife and the Yawuru Registered Native Title Body Corporate has been
included.
Recent research findings that identify likely sources and pathways of nutrient input into
Roebuck Bay and its link to periodic blooms of Lyngbya majuscule have been included.
The Yawuru Nagulagun / Roebuck Bay Marine Park joint management plan 2016 and a summary of
submissions can be viewed on the Department of Parks and Wildlife’s website at
http://www.dpaw.wa.gov.au/parks/management-plans/approved-management-plans.
JIM SHARP, Director General, Department of Parks and Wildlife.
MARION FULKER, Chair, Conservation and Parks Commission.
FIRE AND E MERGENCY S ERVICES
FE401
BUSH FIRES ACT 1954
TOTAL FIRE B AN D ECLARATION
Correspondence No. 12080
Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the
Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954,
a total fire ban for 6th October 2016 for the local government districts of—
Kalgoorlie-Boulder, Dundas, Menzies
PAUL RYAN, Assistant Commissioner of the
Department of Fire and Emergency Services,
as a sub-delegate of the Minister under section 16
of the sFire and Emergency Services Act 1998.
5 October 2016.
11 October 2016 GOVERNMENT GAZETTE, WA 4541
HEALTH
HE401
HEALTH PRACTITIONER REGULATION NATIONAL LAW
(WESTERN AUSTRALIA) ACT 2010
HEALTH PRACTITIONER REGULATION NATIONAL LAW (WESTERN AUSTRALIA)
MEDICAL (A REA OF N EED) D ETERMINATION (N O. 17) 2016
Made by the Chief Medical Officer, pursuant to section 67(5) of the Schedule of the Health
Practitioner Regulation National Law (Western Australia).
Citation
This determination may be cited as the Medical (Area of Need) Determination (No. 17) 2016.
Commencement
This determination comes into operation on the day on which it is published in the Government
Gazette.
Area of need
The area of need specified in the Schedule is determined to be an area of need for the purposes
of section 67(5) of the Schedule of the Health Practitioner Regulation National Law (Western
Australia).
Expiry of determination
This determination expires on 30 June 2017.
SCHEDULE
GENERAL MEDICAL SERVICES IN THE FOLLOWING LOCATIONS—
ACACIA PRISON AND WOOROLOO PRISON FARM, WOOROLOO
ALBANY REGIONAL PRISON, ALBANY
BANDYUP WOMEN’S PRISON, MIDDLE SWAN
BANKSIA HILL DETENTION CENTRE AND HAKEA PRISON, CANNING VALE
BORONIA PRE-RELEASE CENTRE, BENTLEY
BROOME REGIONAL PRISON, BROOME
BUNBURY REGIONAL PRISON, BUNBURY
BUNGARUN WORK CAMP, DERBY
CASUARINA PRISON, CASUARINA
EASTERN GOLDFIELDS REGIONAL PRISON, BOULDER
GREENOUGH REGIONAL PRISON, GREENOUGH
KARNET PRISON FARM, SERPENTINE
MILLSTREAM WORK CAMP AND ROEBOURNE REGIONAL PRISON, ROEBOURNE
MT MORGANS WORK CAMP, LAVERTON
PARDELUP WORK CAMP, MOUNT BARKER
RANGEVIEW REMAND CENTRE, MURDOCH
WALPOLE WORK CAMP, WALPOLE
WHEATBELT WORK CAMP, KELLERBERRIN
WYNDHAM WORK CAMP, WYNDHAM
Dated this 4th day of October 2016.
Professor GARY GEELHOED, Chief Medical Officer,
Department of Health as delegate of
the Minister for Health.
4542 GOVERNMENT GAZETTE, WA 11 October 2016
J USTICE
JU401
CHARITABLE TRUSTS ACT 1962
A PPROVAL OF SCHEME
In the Supreme Court of Western Australia
CIV/1701/2016
In the Matter of the Charitable Trusts Act 1962 (WA)
Between:
Cancer Council Western Australia (Inc)
(ABN 15 190 821 561)
Applicant
—and—
Attorney General (WA)
Respondent
Order Approving Scheme
Before the Honourable Justice Banks-Smith
Dated: 20 September 2016
Upon the application of the Plaintiff by Originating Summons dated 28 April 2016, and upon hearing
Ms S Bruce for the Plaintiff and Mr C Conley for the Defendant it is ordered that—
Pursuant to Section 15 of the Charitable Trusts Act 1962 (WA), the scheme set out hereunder
for the variation of the terms of the Will of the late Violet Sands dated 14 May 2007 be
approved.
The parties’ reasonable costs and expenses of and incidental to—
(a) preparing and advertising the Scheme; and
(b) obtaining approval for the Scheme, including the application,
be paid out of, and be on a charge on, the trust property.
By the Court,
STRK, Principal Registrar.
————
CHARITABLE TRUSTS ACT 1962
Scheme Pursuant to Part III
That the terms of the Charitable Trust established by clause 8 of the Will of the late Violet May
Sands be varied by deleting clause 8 of the Will and substituting the following paragraph—
‘I Give, Devise and Bequeath my vacant block of land situated Lot 550, 930 Albany Highway to
the Cancer Foundation of Western Australia Inc (‘the Trustee’) and I direct that the Cancer
Foundation of Western Australia Inc (now the Cancer Council Western Australia (Inc)) be
authorised to sell the said land by auction, tender or private treaty and, subject to the payment of
all the costs and expenses of the sale and of the scheme, shall apply the net proceeds of the sale
(to be known as the ‘Mavis Sands Bequest’) for the purposes of research into the treatment of
cancer.’
LOCAL GOVERNMENT
LG401
BUSH FIRES ACT 1954
Shire of Plantagenet
PROHIBITION OF THE B URNING OF G ARDEN R EFUSE WITHIN
THE SHIRE OF PLANTAGENET
Notice is hereby given to all owners and occupiers of land in the Shire of Plantagenet that in
accordance with the provisions of Section 24G of the Bush Fires Act 1954 (as amended), Council
resolved at its ordinary meeting on Tuesday 16 August 2016 that the burning of garden refuse in
limited burning times within the Shire of Plantagenet be subject to a Permit to Burn being issued by
an authorised officer.
ROB STEWART, Chief Executive Officer.
11 October 2016 GOVERNMENT GAZETTE, WA 4543
LG402
BUSH FIRES ACT 1954
Shire of Dardanup
A UTHORISED O FFICERS
Notice is hereby given that the local government of the Shire of Dardanup, in accordance with the
Bush Fires Act 1954, S.38 2A, has declared the following persons to be authorised Bush Fire Control
Officers for the period 01/07/2016-30/06/2017—
Burekup District
(Deputy CBFCO North)
Mr Clay Rose 0429 194 735 or 9726 3132
Dardanup Central District Mr Rodney Bailey 0427 283 076 or 9728 3076
Eaton Townsite/District
(Chief BFCO)
Mr Chris Hynes 0428 825 496 or 9726 0251
Ferguson District Mr Richard George 0404 819 532 or 9728 0163
Joshua Crooked Brook District Mr Peter Buck 0428 311 300
Upper Ferguson District Mr Rodney Bailey 0427 283 076 or 9728 3076
Waterloo District Mr Kingsley Palmer 0409 848 460 or 9726 3055
Wellington Mills District Mr Rob Doherty 0427 558 697 or 9779 9502
West Dardanup District
(Deputy CBFCO South)
Mr Alan Charlton 0458 281 249
MARK L. CHESTER, Chief Executive Officer.
———————————
LG501
BUSH FIRES ACT 1954
Shire of Dardanup
FIRE PREVENTION O RDER 2016/2017
With reference to Section 33 of the Bush Fires Act 1954, you are required to carry out fire prevention
work on land owned or occupied by you, in accordance with the provisions of this order.
This order is valid for the period 01/07/2016-30/06/2017
Work must be completed by the 30 November 2016 and maintained until the close of the Restricted
Burning Period 2017.
PERSONS WHO FAIL TO COMPLY WITH THE REQUIREMENTS OF THE ORDER MAY BE
ISSUED WITH AN INFRINGEMENT NOTICE PENALTY ($250.00) OR PROSECUTED WITH AN
INCREASED PENALTY (MAXIMUM PENALTY $5,000).
ADDITIONALLY THE SHIRE OF DARDANUP MAY CARRY OUT THE REQUIRED WORK AT
COST TO THE OWNER/OCCUPIER.
RESTRICTED BURNING PERIOD
Burning Permits Required
1 November 2016 to 13 December 2016
PROHIBITED BURNING PERIOD
NO FIRES PERMITTED
14 December 2016 to 15 March 2017
(subject to extension)
RESTRICTED BURNING PERIOD
Burning Permits Required
16 March 2017 to 26 April 2017
(subject to extension)
RESIDENTIAL, INDUSTRIAL, DEVELOPMENT, MIXED BUSINESS AND COMMERCIAL
ZONES*
All flammable material/vegetation (except living trees) MUST be slashed or grazed to a height
that does not exceed 50 millimetres and flammable material MUST be removed.
SMALL HOLDINGS ZONE*
BARE EARTH firebreaks of 2 metres width and 4 metres in height must be maintained within
and adjacent to the lot boundary.
Fire hazards on properties must be slashed to a height of no more than 50 millimetres and
flammable material MUST be removed from the property.
4544 GOVERNMENT GAZETTE, WA 11 October 2016
GENERAL FARMING, RESTRICTED USE AND TOURIST ZONES*
Non Irrigated lots—BARE EARTH firebreaks of 2 metres width and 4 metres in height must be
maintained within and adjacent to the lot boundary where it adjoins a road and/or rail reserve.
Irrigated lots—firebreaks are NOT required on that lot of land where the lot is being irrigated
throughout the restricted and prohibited burning periods.
Irrigation channels that are situated WITHIN and adjacent to a lot boundary will be accepted as a
firebreak provided the irrigation channel is utilised in that channel throughout the restricted and
prohibited burning periods.
PLANTATIONS
BARE EARTH firebreaks of 15 metres width and 4 metres in height must be maintained within
and adjacent to the perimeter of plantations with 6-10 metres wide internal firebreaks between
compartments.
Where power lines pass through plantation areas, firebreaks must be in accordance with Western
Power specifications.
WHERE AND HOW TO OBTAIN BURNING PERMITS
Applications for burning permits are available from your local Bush Fire Control Officer at no cost.
No burning shall occur on properties within Residential zones unless a permit is issued by the local
Bush Fire Control Officer for the purpose of hazard reduction. Residential zones of Dardanup and
Burekup are exempt from the requirement of obtaining a permit during the non- prohibited burning
times.
The local Bush Fire Control Officer will note the relevant conditions you must comply with on your
burning permit.
You are advised that Burning Permits are automatically invalidated on days of “severe”, “extreme” or
“catastrophic” fire danger.
FIREBREAK VARIATIONS/EXEMPTIONS
If it is considered impractical for any reason to clear firebreaks or remove flammable materials from
any land as required by this Order, you should make written application to the Shire of Dardanup no
later than 30 September each year and include a plan of your land detailing your fire prevention
measures to abate fire hazards on the land. The prescribed Firebreak Variation/Exemption Forms are
available from the Shire of Dardanup offices. If your request for a variation/exemption is not granted,
you must comply with the requirements of this Order.
For further information please call the Shire of Dardanup 9724 0000 or your local Fire Control
Officer.
For all fire emergencies, please dial “000”
*Zones defined by the Shire of Dardanup Town Planning Scheme No. 3.
P ARLIAMENT
PA401
PARLIAMENT OF WESTERN A USTRALIA
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 Thirty-Ninth Parliament.
Title of Act Date of Assent Act No.
Taxi Amendment Act 2016 3 October 2016 29 of 2016
Highways (Liability for Straying Animals) Amendment
Act 2016 3 October 2016 30 of 2016
Evidence Amendment Act 2016 3 October 2016 31 of 2016
NIGEL PRATT, Clerk of the Parliaments.
6 October 2016.
11 October 2016 GOVERNMENT GAZETTE, WA 4545
P LANNING
PL401
PLANNING AND DEVELOPMENT ACT 2005
A PPROVED LOCAL PLANNING SCHEME A MENDMENT
City of Gosnells
Local Planning Scheme No. 6—Amendment No. 162
Ref: TPS/1859
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 19 September 2016 for the purpose of—
Rezoning Lot 224 Spencer Avenue, Lot 227 and 228 Thornlie Avenue, Thornlie from
‘Residential R20/30’ zone to ‘Office’ zone; and
amending the Scheme Maps accordingly.
O. SEARLE, Mayor.
I. COWIE, Chief Executive Officer.
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PL402
PLANNING AND DEVELOPMENT ACT 2005
A PPROVED LOCAL PLANNING SCHEME A MENDMENT
Shire of Mundaring
Local Planning Scheme No. 4—Amendment No. 7
Ref: TPS/1788
It is hereby notified for public information, in accordance with section 87 of the Planning and
Development Act 2005 that the Minister for Planning approved the Shire of Mundaring Local
Planning Scheme amendment on 1 September 2016 for the purpose of—
Replacing clause 5.7.12.1 with the following—
The provisions of this clause apply in addition to the provisions in this Scheme relating to
Local Natural Areas and the provisions relating to watercourse protection contained in clause
5.7.5.
Replacing clause 5.7.12.2 with the following—
The ringbarking, cutting down, topping, removal, injuring or wilful destruction of any local
native vegetation is prohibited unless approved by the Shire or unless the native vegetation is
exempted from compliance with this provision pursuant to clause 5.7.12.3.
Modifying clause 5.7.12.3 (a) as follows—
(a) not local native vegetation.
Replacing clause 5.7.12.3 (c) with—
(c) constitutes an immediate danger to life and property.
Replacing clause 5.7.12.3 (d) with—
(d) Required to be removed in order to comply with a Shire approved Fire Management
Statement or Fire Management Plan, or the Shire’s firebreak notice issued under
s33(1) of the Bush Fire Act 1954.
Modifying clause 5.7.12.3 (f) with—
(f) within an approved building envelope, unless the native vegetation is located within a
Local Natural Area identified in the Local Planning Strategy.
Deleting clause 5.7.12.3 (i) required to be removed for a vehicle driveway.
Renumbering clauses in 5.7.12.3 sequentially.
Adding the following to clause 5.7.12.5—
(g) whether the vegetation is dead or diseased.
Modifying the Schedule 1 General definition term “remnant native vegetation” to “native
vegetation”.
D. LAVELL, President.
J. THROSSELL, Chief Executive Officer.
4546 GOVERNMENT GAZETTE, WA 11 October 2016
PL403
PLANNING AND DEVELOPMENT ACT 2005
A PPROVED LOCAL PLANNING SCHEME A MENDMENT
Town of East Fremantle
Local Planning Scheme No. 3—Amendment No. 10
Ref: TPS/1150
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 Town of East Fremantle Local
Planning Scheme amendment on 15 August 2016 for the purpose of—
Amending the Scheme Maps by excluding 34 George Street from the Mixed Use zone and
including into a new zone “Special Zone—Royal George Hotel”.
Amending the Scheme Maps by including a new zone in the legend “Special Zone—Royal
George Hotel”.
Inserting the following in Clause 4.2 Objectives of Zones—
Special Zone—Royal George Hotel
To encourage the preservation and re-use of the Royal George Hotel building;
To accommodate the redevelopment of the Royal George Hotel site in a manner which
will complement the preservation of the hotel building;
To enhance and promote George Street as a vibrant main street.
Delete the existing Zoning Table (Clause 4.3 Refers) and replace with the following amended
table incorporating the following changes—
(i) Modifying the Zoning Table by deleting the Canning column
(ii) Modifying the Zoning Table by deleting the “George” Column
(iii) Modifying the Zoning Table to include—
“Home Business” as a “D” use in the Residential Zone
“Home Occupation” as a “P” use in the Residential Zone
“Amusement Parlour” as a “D” use in the Special Business Zone
“Ancillary Accommodation” as an “A” use in Town Centre Zone
“Cinema Theatre” as a “D” use in the Special Business Zone
“Club Premises” as a “D” use in the Town Centre Zone
“Consulting Rooms” as a “X/A2” use in the Residential Zone
“Convenience Store” as an “A” use in the Mixed use Zone and as a “D” use in the,
Special Business and Town Centre Zones
“Family Day Care” as an “A” use in the Town Centre Zone
“Fast Food Outlet” as an “A” use in the Special Business Zone
“Grouped Dwelling” as a “D” use in the Residential Zone and as a “P” use in the
Mixed Use, Special Business and Town Centre Zones
“Home Store” as a “D” use in all Zones
“Market” as an “A” use in the Mixed Use and Special Business Zones
“Motel” as a “D” use in the Special Business Zone
“Multiple Dwelling” as an “A” use in the Special Business Zones
“Office” as an “X/A2” use in the Residential Zone and “D” use in the Mixed Use Zone
“Shop” as a “P” use in the Mixed Use and Special Business Zones
“Tavern” as an “A” use in the Special Business Zones
(iv) Modify the Zoning Table by introducing a new use “Small Bar” as an “X” use in the
Residential Zone and as an “A” use in the Mixed Use, Special Business and Town
Centre Zones.
(v) Insert New Note 1 of the Zoning Table with the following—
Consulting Rooms and Office are a “D” use only for those residential dwellings that are
located adjacent to Canning Highway.
ZONING TABLE (Clause 4.3 Refers)
Use Class Residential Mixed
Use
Special
Business
Town
Centre
Advertising Sign A A A A
Aged or Dependent Persons Dwelling D P P A
Amusement Parlour X X D A
Ancillary Accommodation A P P A
Bed and Breakfast A A A A
Caretaker’s Dwelling X D D D
Child Care Premises A A D P
11 October 2016 GOVERNMENT GAZETTE, WA 4547
Use Class Residential Mixed
Use
Special
Business
Town
Centre
Cinema / Theatre X A D D
Civic Use A P P P
Club Premises X A D D
Community Purposes A D P D
Consulting Rooms X/D1 D P P
Convenience Store X A D D
Educational Establishment A A D A
Exhibition Centre X P P P
Family Day Care A D D A
Fast Food Outlet (Refer 5.8.9) X A A A
Funeral Parlour X A A A
Grouped Dwelling D P P P
Home Business D D D D
Home Occupation P D D D
Home Office P P P P
Home Store D D D D
Hospital X X X A
Hotel X X X A
Industry—Cottage A D D D
Industry—Service X D D D
Market X A A A
Medical Centre X A P P
Motel X X D A
Multiple Dwelling X/A2 A A A
Night Club X X X X
Office X/D1 D P P
Place of Worship X A A D
Pre-School / Kindergarten A D D P
Recreation—Private X A D A
Residential Building X A D A
Restaurant X D P P
Service Station X X X X
Shop X P P P
Showrooms X A D D
Single House P P P X
Small Bar X A A A
Tavern X A A A
Telecommunications Infrastructure A3 A3 A3 A3
Veterinary Centre X A P A
Consulting Rooms and Office are a ‘D’ use only for those residential dwellings that are located
adjacent to Canning Highway.
In areas with a density coding of R1.5, where a density bonus is sought for Grouped Dwellings on
corner lots, applications shall be dealt with as an ‘A’ use. (Sub-clause 5.3.1)
In areas with a density coding of less than R40, Multiple Dwelling is an ‘X’ use.
Subject to the provisions of the Telecommunications Act 1997, the Telecommunications (Low
Impact Facilities) Determination 1997 and Amendment No. 1, and the Telecommunications Code of
Practice 1997.
Insert new clause 5.9 Special Zone—Royal George Hotel.
Insert new clause 5.9.1—
(a) An application for the refurbishment or reuse of the Royal George Hotel building is to
be accompanied by a heritage plan that will ensure the preservation of the hotel
building.
4548 GOVERNMENT GAZETTE, WA 11 October 2016
(b) A heritage plan may include development standards and requirements for the
development of the balance of the land on which the hotel building is located.
(c) The Council may consider innovative approaches to the development of land on which
the hotel is located, if the development will lead to the on-going reuse of the hotel
building for a purpose consistent with the objectives of the zone.
7. Replacing the definition for “hotel”, “natural ground level” and “tavern” in Schedule 1:
Dictionary of Defined Words and Expressions with the following—
“hotel” means premises the subject of a hotel licence other than a small bar or tavern license
granted under the Liquor Control Act 1988 including any betting agency on the premises.
“natural ground level” has the same meaning as in the Residential Design Codes.
“tavern” means premises the subject of a tavern licence granted under the Liquor Control
Act 1988.
8. Inserting the following new definitions in Schedule 1: Dictionary of Defined Words and
Expressions, General Definitions—
“dual coding” means the designation on the Scheme map of land with a dual density code,
such as “R12.5/40”.
“heritage building” means a building included in the Heritage List or the Municipal
Inventory.
“Municipal Inventory” means the inventory of buildings compiled and maintained by the
local government pursuant to section 45 of the Heritage of Western Australia Act 1990.
“plate height” means the full height of a wall required in order to attach to it a wall plate.
“small bar” means premises the subject of a small bar licence granted under the Liquor
Control Act 1988.
Other Minor Amendments
9. Add “(including the Schedules)” after the word “Text” in Clause 1.4(a).
10. Replace sub-clause 1.5(g) with “address other matters set out in the Schedule 7 of the
Planning and Development Act 2005.”
11. Delete the words “Town Planning Act” in Clause 1.7.1(a) and replacing with “Planning and
Development Act”.
12. Delete the words “Metropolitan Region Town Planning Scheme Act 1959/WA Planning
Commission Act 1985” and replace with “Planning and Development Act” in Clause 3.2.1.
13. Clause 4.11 being modified by deleting “Section 13 of the Town Planning Act” in the footnote
and replacing with “Sections 190 and 191 of the Planning and Development Act”.
14. Modify Clause 5.5.2 by deleting “Schedule 11” and “Schedule 12” and replacing with
“Schedule 10” and “Schedule 11” respectively wherever they appear in the Clause.
15. Modifying Clause 5.5.2 by deleting “Car Parking Standards” and replacing with “Required car
parking in respect of any non-residential development in the Residential Zone”.
16. Modify Clause 5.7.1 by deleting “Schedule 10” and replacing with “Schedule 9”.
17. Modify Clause 5.8.5 by deleting “Schedule 11” and replacing with “Schedule 10” and by
replacing Schedule 4 with Schedule 11.
18. Clause 5.9 to 5.9.3 being deleted.
19. The Note following Clause 8.2 (j) being modified by deleting the words “20D of the Town
Planning Act” and replacing with “section 157 of the Planning and Development Act”.
20. Inserting a new clause 8.4.3 as follows—
8.4.3 Subclauses 8.4.1 and 8.4.2 do not affect the provisions of Part 13 of the Planning and
Development Act in respect of development commenced or carried out before approval
has been granted.
21. Clause 9.1.1 (h) being modified by deleting “5.5” and replacing with “5.6”.
22. Clause 9.1.1 being modified by deleted “Schedule 6” and replacing with “Schedule 5”.
23. Clause 9.1.2 being modified by deleting “Schedule 7” and replacing with “Schedule 6”.
24. Modify note 2 following sub-clause 9.1.2 by replacing “management area” with “development
control area”, and Swan River Trust Act 1988 with Swan and Canning Rivers Management
Act 2006.
25. Replace note 3(b) following sub-clause 9.1.2 with “within or partly within a planning control
area declared under Part 7 of the Planning and Development Act 2005.”
26. Clause 9.4.2 being deleted and replaced with the following—
“Where an application is made for a purpose other than a purpose referred to in clause 9.4.1,
the local government may require notice to be given in accordance with clause 9.4.3.”
27. Clause 9.4.4 being modified by deleting “Schedule 8” and replacing with “Schedule 7.”
28. Clause 10.4.1 being modified by deleting “Schedule 9” and replacing with “Schedule 8”.
29. The heading to Clause 10.10 being modified by deleting “APPEALS” and replacing with
“REVIEWS”.
30. Clause 10.10 being modified by deleting “Part V of the Town Planning Act” and replacing
with “seek a review under Part 14 of the Planning and Development Act”.
11 October 2016 GOVERNMENT GAZETTE, WA 4549
31. Modifying Part 11 by deleting reference to the “Town Planning Act” in clauses 11.1.1(b),
11.1.1(c), 11.6.1 and replace with “Planning and Development Act”.
32. Modifying Clause 11.2.4 by deleting “appeal under Part V of the Town Planning Act” and
replacing with “seek a review under Part 14 of the Planning and Development Act”.
33. Modify Clause 11.4(b) by deleting “Section 10(4) of the Town Planning Act” in the footnote
and replacing with “section 218 of the Planning and Development Act”.
34. Delete Clauses 11.5, 11.6 and 11.7.
35. Modifying Schedule 1 General Definitions by—
Deleting “section 7(3) of the Town Planning Act in the definition of “Gazettal Date” and
replacing with “section 87 of the Planning and Development Act”.
Deleting “Town Planning Act” in the definition of “lot” and replacing with “Planning and
Development Act”.
Deleting “section 12(2)(a) of the Town Planning Act” in the definition of “non-conforming use”
and replacing with “section 172 of the Planning and Development Act”.
Deleting “Western Australian Planning Commission Act 1985 in the definition of “region
scheme” and replace with “Planning and Development Act”.
Deleting “Town Planning Act” definition and replacing with “Planning and Development Act”
means the Planning and Development Act 2005.
Deleting “Liquor Licensing Act” in the definitions of “night club” and “restaurant” and
replacing with “Liquor Control Act”.
Schedule 7, 8 and 8A being modified by deleting “TOWN PLANNING ACT 1928 (as
amended)” and replacing with “Planning and Development Act 2005” wherever it appears.
36. Modifying Schedule 10 by replacing “clause 5.8” with “clause 5.6” and by replacing “5.4.2 and
5.7.5” with “clauses 5.5.2 and 5.8.2” respectively.
37. Modifying Schedule 11 by replacing “clause 5.4.2” with “clause 5.5.2” and by replacing “clause
5.5.5” with “clause 5.5.3” wherever they appear.
38. Modifying Schedule 11 by replacing “Clause 5.8” with “Clause 5.6”.
J. O’NEILL, Mayor.
G. CLARK, Chief Executive Officer.
DECEASED E STATES
ZX401
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Grantley Charles Neil Smith, late of 26 Cottonwood Crescent, Dianella WA, deceased 5 May 2016.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in
respect of the estate of the deceased are required by the Administrator of the estate—Heather Kaye
Smith of PO Box 255, Dianella WA 6059, to send particulars of their claims to her in her capacity of
Executor by 7 November 2016. After which date the Executor may convey or distribute the assets
having regard only to the claims of which she then has notice.
———————————
ZX402
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
In the Estate of Antionetta Rizzi, late of Forest Gardens Nursing Centre, Woodrow Street, Bunbury,
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 the 1st day of August 2012, are required by the
personal representative, Guiseppina Scasserra to send particulars of their claims to Clyde & Co of
Level 28, 197 St Georges Terrace, Perth WA by the 11th day of November 2016, after which date the
personal representative may convey or distribute the assets, having regard only to the claims of which
she then has notice.
4550 GOVERNMENT GAZETTE, WA 11 October 2016
ZX403
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Daphne Boskovski, late of 6 Bangalla Place, Balcatta, Western Australia, retired homemaker,
deceased.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in
respect of the estate of the said deceased person are required by the Executors of the deceased’s estate
being John Boskovski, care of MGB Legal, Level 1, 32 Edward Street, Perth, Western Australia and
Mary Majoski, of 10 Pillargo Place, Stirling, Western Australia, to send particulars of their claims to
him by 11 November 2016, after which date the Executors may convey or distribute the assets having
regard only to the claims of which he then has notice.
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ZX404
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Ross Dennis Calnan, late of 111 Rosewood Avenue, Woodlands, 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 5 April 2016, are required by the executor, Scott
Gregory Calnan of Apartment 201, 276 Marrickville Road, Marrickville, New South Wales to send
particulars of their claims to him by the 18th day of November 2016, after which date the executor
may convey or distribute the assets, having regard only to the claims of which he then has notice.
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ZX405
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Alma Margaret Fuller, late of 16 Baronia Loop, Greenfields in the State of Western Australia,
deceased.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in
respect of the estate of the deceased, who died on 10 August 2016, are required by the personal
representative to send particulars of their claims to her care of Clement & Co, Lawyers, Unit 2,
12 Sutton Street, Mandurah by 14 November 2016, after which date the personal representative may
convey or distribute the assets having regard to the claims of which she then has notice.
CLEMENT & CO as solicitors for the personal representative.
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