City of Kalgoorlie-Boulder Local Government Property Amendment Local Law 2019
!2019133GG! 3291 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, TUESDAY, 17 SEPTEMBER 2019 No. 133 PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT CONTENTS PART 1 Page City of Kalgoorlie-Boulder— Activities on Thoroughfares and Trading in Thoroughfares and Public Places Amendment Local Law 2019 .......................................................................................... 3293 Local Government Property Amendment Local Law 2019 ............................................... 3296 Shire of Gnowangerup Bush Fire Brigades Local Law 2019 ................................................... 3298 ——— PART 2 Deceased Estates ....................................................................................................................... 3305 Energy ........................................................................................................................................ 3300 Justice......................................................................................................................................... 3300 Local Government ...................................................................................................................... 3300 Marine/Maritime ........................................................................................................................ 3304
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17 September 2019 GOVERNMENT GAZETTE, WA 3293 — PART 1 — LOCAL GOVERNMENT LG301 LOCAL GOVERNMENT ACT 1995 City of Kalgoorlie-Boulder ACTIVITIES ON THOROUGHFARES AND TRADING IN THOROUGHFARES AND PUBLIC PLACES AMENDMENT LOCAL LAW 2019 Under the powers conferred by the Local Government Act 1995 and by all other powers, the Council of the City of Kalgoorlie-Boulder resolved on 12 August 2019 to make the following local law.
- Citation This local law may be cited as the City of Kalgoorlie-Boulder Activities on Thoroughfares and Trading in Thoroughfares and Public Places Amendment Local Law 2019.
- Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.
- Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law amended This local law amends the City of Kalgoorlie-Boulder Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law, as published in the Government Gazette on 18 August 2000, as follows.
- Clause 1.2 amended In clause 1.2 insert the following definition in the correct alphabetical order— “nuisance” includes any unreasonable interference with a person’s use and enjoyment of a public place;
- Clause 2.1 amended Clause 2.1 is amended as follows— (a) in paragraph (f) after “thoroughfare;” delete “or”; (b) in paragraph (g) delete the full stop and insert “;”; and (c) after paragraph (g) insert— (h) harass, physically interfere with or obstruct any other person in or on a public place; (i) defecate in or on a public place except in a toilet in a public convenience; (j) urinate in or on a public place except a urinal in a public convenience; (k) commit an offensive act in or on a public place; (l) use any threatening, abusive or insulting words in or on a public place; or (m) destroy, damage, alter, mark, deface or remove any property or thing in or on a public place.
- Clause 2.2 amended Clause 2.2(1) is amended as follows— (a) in paragraph (l) delete the word “or” at the end of the subclause; (b) in paragraph (m) insert the word “or” at the end of the subclause and before the Advisory note in parentheses; (c) insert after paragraph (m) and the Advisory note in parentheses— (n) place or cause to be placed any thing in or on a public place so as to cause a nuisance or an obstruction.
3294 GOVERNMENT GAZETTE, WA 17 September 2019 7. Schedule 1 amended Delete Schedule 1 and insert— Schedule 1—Prescribed Offences [Clause 10.4] PRESCRIBED OFFENCES Item Clause Description Modified penalties $ 1 2.1(a) Plant of 0.75m in height on thoroughfare within 6m of intersection 200 2 2.1(b) Damaging lawn or garden 200 3 2.1(c) Plant (except grass) on thoroughfare within 3m of carriageway 200 4 2.1(d) Placing hazardous substance on footpath 200 5 2.1(e) Damaging or interfering with signpost or structure on thoroughfare 300 6 2.1(f) Playing games so as to impede vehicles or persons on thoroughfare 200 7 2.1(g) Riding of skateboard or similar device on mall or verandah of shopping centre 200 8 2.1(h) Harass, physically interfere with or obstruct any other person in or on a public place 300 9 2.1(i) Defecate in or on a public place except in a toilet in a public convenience 300 10 2.1(j) Urinate in or on a public place except in a urinal in a public convenience 300 11 2.1(k) Commit an offensive act in or on a public place 300 12 2.1(l) Use any threatening, abusive or insulting words in or on a public place 250 13 2.1(m) Destroy, damage, alter, mark, deface or remove any property or thing in or on a public place 300 14 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 200 15 2.2(1)(b) Throwing or placing anything on a verge without a permit 200 16 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a permit 200 17 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a permit 200 18 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a permit 200 19 2.2(1)(f) Damaging a thoroughfare 300 20 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 300 21 2.2(1)(h) Felling tree onto thoroughfare without a permit 300 22 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 300 23 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over a thoroughfare without a permit 300 24 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 300 25 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a permit 300 26 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 300 27 2.2(1)(n) Place any thing in or on a public place so as to cause a nuisance or obstruction 300 28 2.3(1) Consumption or possession of liquor on a thoroughfare 300 29 2.4(1) Failure to obtain permit for temporary crossing 300
17 September 2019 GOVERNMENT GAZETTE, WA 3295 Item Clause Description Modified penalties $ 30 2.5(2) Failure to comply with notice to remove crossing and reinstate kerb 300 31 2.9(1) Installation of verge treatment other than permissible verge treatment 300 32 2.10 Failure to maintain permissible verge treatment or placement of obstruction on verge 200 33 2.11 Failure to comply with notice to rectify default 200 34 2.17(2) Failure to comply with sign on public place 200 35 2.19(1) Driving or taking a vehicle on a closed thoroughfare 200 36 3.2(1) Placing advertising sign or affixing any advertisement on a thoroughfare without a permit 200 37 3.2(5) Erecting or placing of advertising sign in a prohibited area 200 38 4.1(1) Animal or vehicle obstructing a public place or local government property 200 39 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 200 40 4.2(2)(b) Animal on public place with infectious disease 200 41 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 200 42 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 200 43 4.5 Person leaving shopping trolley in public place other than trolley bay 200 44 4.6(2) Failure to remove shopping trolley upon being advised of location 200 45 5.6(1) Driving a vehicle on other than the carriageway of a flora road 300 46 5.9 Planting in thoroughfare without a permit 300 47 5.11 Failure to obtain permit to clear a thoroughfare 500 48 5.13 Burning of thoroughfare without a permit 500 49 5.17 Construction of firebreak on thoroughfare without a permit 500 50 5.19 Commercial harvesting of native flora on thoroughfare 500 51 5.20(1) Collecting seed from native flora on thoroughfare without a permit 300 52 6.2(1) Conducting of stall in public place without a permit 300 53 6.3(1) Trading without a permit 300 54 6.8(1)(a) Failure of stallholder or trader to display or carry permit 200 55 6.8(1)(b) Stallholder or trader not displaying valid permit 100 56 6.8(1)(c) Stallholder or trader not carrying certified scales when selling goods by weight 100 57 6.8(2) Stallholder or trader engaged in prohibited conduct 200 58 6.10 Performing in a public place without a permit 200 59 6.11(2) Failure of performer to move onto another area when directed 200 60 6.14 Failure of performer to comply with obligations 200 61 6.16 Establishment or conduct of outdoor eating facility without a permit 300
3296 GOVERNMENT GAZETTE, WA 17 September 2019 Item Clause Description Modified penalties $ 62 6.18 Failure of permit holder of outdoor eating facility to comply with obligations 200 63 6.20(1) Use of equipment of outdoor eating facility without purchase of food or drink from facility 100 64 6.20(2) Failure to leave outdoor eating facility when requested to do so by permit holder 100 65 7.5 Failure to comply with condition of a permit 200 66 7.9 Failure to produce permit on request of authorised person 200 67 10.1 Failure to comply with notice given under local law 200 ———— Dated this 9th day of September 2019. The Common Seal of the City of Kalgoorlie-Boulder was affixed by authority of a resolution of the Council in the presence of— JOHN JAMES MANSELL BOWLER, Mayor. JOHN HAROLD WALKER, Chief Executive Officer. ——————————— LG302 LOCAL GOVERNMENT ACT 1995 City of Kalgoorlie-Boulder LOCAL GOVERNMENT PROPERTY AMENDMENT LOCAL LAW 2019 Under the powers conferred by the Local Government Act 1995 and by all other powers, the Council of the City of Kalgoorlie-Boulder resolved on 12 August 2019 to make the following local law.
- Citation This local law may be cited as the City of Kalgoorlie-Boulder Local Government Property Amendment Local Law 2019.
- Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.
- Local Government Property Local Law amended This local law amends the City of Kalgoorlie-Boulder Local Government Property Local Law 2010, as published in the Government Gazette on 15 August 2011, as follows.
- Clause 1.6(1) amended In clause 1.6(1)— (a) Delete the definition of “surf riding equipment”; and (b) Insert the following in alphabetical order— “nuisance” includes any unreasonable interference with a person’s use and enjoyment of local government property;
- Clause 3.13(1) amended Clause 3.13(1) is amended as follows— (a) in paragraph (q) after “publicly;” delete “or”; (b) in paragraph (r) delete the full stop and insert “;”; and (c) after paragraph (r) insert— (s) unreasonably obstruct or interfere with the passage of pedestrian or vehicular traffic on local government property; (t) on local government property use anything or do anything so as to create a nuisance; or (u) place or cause to be placed any thing in or on local government property so as to cause a nuisance or obstruction.
17 September 2019 GOVERNMENT GAZETTE, WA 3297 6. Clause 4.1 amended Delete clause 4.1 and insert— 4.1 Prohibited behaviour on local government property (1) A person must not, in or on any local government property, behave in a manner which– (a) is likely to interfere with the enjoyment of a person who might use the property; or (b) interferes with the enjoyment of a person using the property. (2) A person must not, in or on any local government property— (a) harass, physically interfere with or obstruct any other person; (b) defecate except in a toilet in a public convenience; (c) urinate except in a urinal in a public convenience; (d) commit an offensive act; or (e) use any threatening, abusive or insulting words. 7. Schedule 1 amended Delete Schedule 1 and insert— Schedule 1—Prescribed Offences [Clause 9.4] OFFENCES AND MODIFIED PENALTIES Item No. Clause No. Nature of offences Modified penalties $ 1 2.4 Failure to comply with determination 250 2 3.6 Failure to comply with conditions of permit 250 3 3.13(1) Failure to obtain a permit 250 4 3.14(2) Failure to obtain permit to camp outside a facility 250 5 3.15(1) Failure to obtain permit for liquor 300 6 3.16 Failure of permit holder to comply with responsibilities 250 7 4.1(1), (2) Prohibited behaviour on local government property 300 8 4.2(2) Behaviour detrimental to property 400 9 4.4(2) Taking or injuring any fauna 400 10 4.5(2) Removing or damaging any flora 400 11 4.6 Under influence of liquor or prohibited drug 300 12 4.7 Taking, consuming or using a prohibited drug on local government property 300 13 4.10(2) Failure to comply with sign on local government property 250 14 5.2 Consuming food or drink in prohibited area 250 15 5.4(1)(a) Male using entry of toilet block and change room specified for female gender 250 16 5.4(1)(b) Female using entry of toilet block and change room specified for male gender 250 17 5.16 Failure to comply with direction of controller or notice on golf course 250 18 5.18 Unauthorised entry to fenced or closed local government property 250 19 6.1(1) Unauthorised entry to function on local government property 250 20 8.1 Failure to obey lawful direction of an authorised person 300 21 8.2 Failure to obey direction of authorised person to leave local government property 300 22 9.1 Failure to comply with notice 300 ———— Dated this 9th day of September 2019. The Common Seal of the City of Kalgoorlie-Boulder was affixed by authority of a resolution of the Council in the presence of— JOHN JAMES MANSELL BOWLER, Mayor. JOHN HAROLD WALKER, Chief Executive Officer.
3298 GOVERNMENT GAZETTE, WA 17 September 2019 LG303 LOCAL GOVERNMENT ACT 1995 BUSH FIRES ACT 1954 Shire of Gnowangerup BUSH FIRE BRIGADES LOCAL LAW 2019 Under the powers conferred by the Local Government Act 1995, Bush Fires Act 1954 and under all other powers enabling it, the Council of the Shire of Gnowangerup resolved on 22 August 2019 to make the following local law.
- Citation This local law may be cited as the Shire of Gnowangerup Bush Fire Brigades Local Law 2019.
- Repeal The Shire of Gnowangerup Bush Fire Brigades Local Law 2016 published in the Government Gazette on 15 November 2016 is repealed.
- Definitions (1) In this local law unless the context otherwise requires— Act means the Bush Fires Act 1954; brigade area is defined in clause 6(1)(b); bush fire brigade is defined in section 7 of the Act; CEO means the Chief Executive Officer of the local government; district means the district of the local government; local government means the Shire of Gnowangerup; normal brigade activities is defined by section 35A of the Act; and Regulations means Regulations made under the Act. (2) In this local law, unless the context otherwise requires, a reference to— (a) a Captain; (b) a First Lieutenant; (c) a Second Lieutenant; and (d) any additional Lieutenants; means a person holding that position in a bush fire brigade.
- Application This local law applies throughout the district.
- Establishment of a bush fire brigade (1) The local government may establish a bush fire brigade for the purpose of carrying out normal brigade activities. (2) A bush fire brigade is established on the date of the local government’s decision under subclause (1). (3) A bush fire brigade established under subclause (1) is to hold a meeting at least once every financial year to appoint persons to the positions in clause 6(4), and where applicable clause 6(6).
- Name and officers of bush fire brigade (1) On establishing a bush fire brigade under clause 5(1) the local government is to— (a) Give a name to the bush fire brigade; (b) Specify the brigade area in which the bush fire brigade is primarily responsible for carrying out the normal brigade activities; and (c) Appoint— (i) a Captain; (ii) a First Lieutenant; (iii) a Second Lieutenant; and (iv) additional Lieutenants if the local government considers it necessary. (2) A person appointed to a position pursuant to subclause (1)(c) is to be taken to be a brigade member. (3) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general meeting of the bush fire brigade. (4) An election is to be held at the first annual general meeting by the members of the brigade for appointments to the positions referred to in subclause 1(c) or established under subclause (6) and every subsequent annual general meeting. (5) If a position referred to in subclause (1)(c) or established under subclause (6) becomes vacant prior to the completion of the first annual general meeting or at any time, then the Brigade members are to vote for a replacement member to fill the position.
17 September 2019 GOVERNMENT GAZETTE, WA 3299 (6) The Brigade members may elect, set the term of office, describe the duties of, and dismiss, any person to any other position including secretary, treasurer, equipment officer, training officer or other positions, and may combine those positions; and (7) The Brigade members may establish types of brigade membership including fire fighting members, auxiliary members, cadet members, and honorary life members. 7. Duties of Captain and bush fire brigade officers (1) The duties of the Captain are to— (a) Provide leadership to bush fire brigades; (b) Monitor bush fire brigades’ resourcing, equipment and training levels; (c) Liaise with the local government concerning— (i) Fire prevention or fire suppression matters generally; (ii) Directions to be issued by the local government to bush fire control officers, including those who issue permits to burn; and (iii) Bush fire brigade officers; (d) Ensure that a list of bush fire brigade members is maintained; (e) Report annually to the local government the office bearers of the bush fire brigade in accordance with the Regulations; (f) Report to the local government not later than 30 April each year, for consideration and appropriate provision being made in the next local government budget, the status of a bush fire brigade’s— (i) Training and readiness; (ii) Protective clothing; (iii) Equipment; and (iv) Vehicles and appliances; (g) Nominate persons to the CEO for appointment as bush fire control officers by the local government; (h) Arrange for normal brigade activities as authorised by the Act or by the local government; and (i) Where a vacancy occurs in a position appointed under clause 6(1)(c), to— (i) Advise the CEO of the vacancy as soon as practicable; and (ii) Make alternate suitable arrangements for that position until an appointment is made. (2) The duties of other bush fire brigade officers are to support the Captain in his/her role. 8. Appointment, employment, payment, dismissal and duties of bush fire control officers The appointment, employment, payment, dismissal and duties of bush fire control officers is dealt with by the Act. 9. Maintenance and equipment with appliances and apparatus of bush fire brigades The local government may provide funds for the maintenance and equipment with appliances and apparatus of bush fire brigades in accordance with Part 6 of the Local Government Act 1995. ———— Dated: 11 September 2019. The Common Seal of the Shire of Gnowangerup was affixed by authority of a resolution of the Council in the presence of— Cr KEITH HOUSE JP, President. VINCENT FORDHAM LAMONT, Chief Executive Officer. ———————————
3300 GOVERNMENT GAZETTE, WA 17 September 2019 — PART 2 — ENERGY EN401 GAS STANDARDS ACT 1972 GAS STANDARDS (GASFITTING AND CONSUMER GAS INSTALLATIONS) REGULATIONS 1999—NOTICE 2019 Published by the Director of Energy Safety under regulation 28 of the Regulations.
- Citation This Notice is the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999— Notice 2019.
- Commencement This Notice comes into operation on the day on which this Notice is published in the Government Gazette.
- Terms used
- Director means the Director of Energy Safety;
- eNotice means the electronic system provided by the Director for processing notices, registration for which can be made at www.commerce.wa.gov.au/building-and-energy.
- Declaration by the Director concerning the use of eNotice Regulation 28 requires gas fitters to prepare and deliver a notice of completion for gasfitting work in a form approved by the Director. The Director hereby declares that, from 1 October 2019, all notices of completion are to be delivered to the relevant gas supplier by use of the eNotice system which is the only approved method. SAJ ABDOOLAKHAN, Director of Energy Safety. JUSTICE JU401 PRISONS ACT 1981 PERMIT DETAILS Pursuant to Section 15U of the Prisons Act 1981, I hereby revoke the following permits— Surname Other Name(s) Permit No. Choi Yong Suk (Jon) PA0154 McSwain Tych PA0249 Smith Nigel PA0078 TONY HASSALL, Commissioner. Dated: 12 September 2019. LOCAL GOVERNMENT LG401 LOCAL GOVERNMENT ACT 1995 City of Rockingham BASIS OF RATES I, Michael Connolly, being delegated by the Minister of the Crown to whom the administration of the Local Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of
17 September 2019 GOVERNMENT GAZETTE, WA 3301 that Act, hereby, and with effect from 30 August 2019, determined that the method of valuation to be used by the City of Rockingham as the basis for a rate in respect of the land referred to in the Schedule is to be the gross rental value of the land— Schedule Designated Land UV to GRV All those portions of land being Lots 89 to 104 inclusive, Lots 108 to 117 inclusive, Lots 182 to 192 inclusive, Lots 238 to 242 inclusive and Lots 375 to 379 inclusive as shown on Deposited Plan 408295; Lots 464 to 478 inclusive, Lots 484 to 488 inclusive and Lots 493 to 502 inclusive as shown on Deposited Plan 413447. MICHAEL CONNOLLY, Deputy Director General, Regulation, Department of Local Government, Sport and Cultural Industries. ——————————— LG402 BUSH FIRES ACT 1954 City of Joondalup PROHIBITION ON THE BURNING OF GARDEN REFUSE OR RUBBISH Notice is hereby given that the City of Joondalup has resolved, pursuant to section 24G of the Bush Fires Act 1954, to prohibit, at all times during the year, the burning of garden refuse or rubbish, either in an incinerator, or on the ground, by any person on any land within the district of Joondalup. GARRY HUNT, PSM, Chief Executive Officer. Dated: 11 September 2019. ——————————— LG403 BUSH FIRES ACT 1954 City of Joondalup APPOINTMENTS It is hereby notified for public information that the following persons have been appointed as authorised Bush Fire Control Officers for the City of Joondalup under the Bush Fires Act 1954, Bush Fires Regulations 1954 and Bush Fires (Infringements) Regulations 1978. Chief Bush Fire Control Officer— Paul Hrovatin Deputy Chief Bush Fire Control Officer— Ron Randell Bush Fire Control Officers— Emma Broughton Ian Grantham Jason Fletcher Darren Clarke Steve Hart Antonia Tardivel-Jones Chantelle Dickerson Michal Lowenhoff Ronan White Ross Gorton GARRY HUNT, PSM, Chief Executive Officer. Dated: 11 September 2019. ——————————— LG404 BUSH FIRES ACT 1954 Shire of Serpentine Jarrahdale APPOINTMENTS In accordance with the Bush Fires Act 1954 as amended, the following persons are hereby appointed as authorised Fire Control Officers as described below for the Shire of Serpentine Jarrahdale, from 2 September 2019 until terminated by Council. All previous appointments are hereby cancelled. Chief Bush Fire Control Officer— Kenneth George Elliott—continuous appointment until terminated by Council.
3302 GOVERNMENT GAZETTE, WA 17 September 2019 Deputy Chief Bush Fire Control Officers— Jason Royce White—continuous appointment until terminated by Council. Christopher Ross Wells—continuous appointment until terminated by Council. Operational/Permit Fire Control Officers— Belinda Dawn Briscoe—continuous appointment until terminated by Council. Kenneth Charles Bunney—continuous appointment until terminated by Council. Michael Hugh Ross—continuous appointment until terminated by Council. Stephen Adrian Brown—continuous appointment until terminated by Council. Jason Peter Carrall—continuous appointment until terminated by Council. Christopher Burgess—continuous appointment until terminated by Council. Raymond Stan Elliott—continuous appointment until terminated by Council. Stephen James Chadwick—continuous appointment until terminated by Council. Donald Bryan Downey—continuous appointment until terminated by Council. Frank James Rankin—continuous appointment until terminated by Council. David Ryan Gibson—continuous appointment until terminated by Council. Paul Richard Williamson—continuous appointment until terminated by Council. Enforcement Fire Control Officers— Helen Gillian French—continuous appointment until terminated by Council. Nicole May Stevens-Barrett—continuous appointment until terminated by Council. Brian Douglas Owston—continuous appointment until terminated by Council. Sarah Kirsty Hutchins—continuous appointment until terminated by Council. Thomas Peter Vassallo—continuous appointment until terminated by Council. Jason Peter Carrall—continuous appointment until terminated by Council. Cherese Elizabeth Green—continuous appointment until terminated by Council. Christopher Hulme—continuous appointment until terminated by Council. Anthony Neil Baird—continuous appointment until terminated by Council. HELEN SARCICH, Acting Chief Executive Officer. ——————————— LG405 CITY OF MELVILLE APPOINTMENT It is hereby noted for public information that Emma Kathryn Gillham has been appointed as an Authorised Person of the City of Melville pursuant to the following—
- To exercise power under part XX of the Local Government (Miscellaneous Provisions) Act 1960;
- Section 449 of the Local Government (Miscellaneous Provisions) Act 1960 as Pound Keeper and Ranger;
- Part 9 Division 2 of the Local Government Act 1995;
- Section 9.10,9.13 and 9.15 of the Local Government Act 1995 as an Authorised Person;
- Part 3 subdivision 4 of the Local Government Act 1995;
- Section 3.39 of the Local Government Act 1995 as an Authorised Person: and as an Authorised Person pursuant to the following— Dog Act 1976 for the purpose of registering, seizing, impounding, detaining and destroying of dogs; Section 33E(1) Dog Act as an Authorised Person Control of Vehicles (Off-road Areas) Act 1978 Litter Act 1979 Bush Fires Act 1954 Cat Act 2011 And effecting general ranger duties within the district. MARTEN TIELEMAN, Chief Executive Officer. 3 September 2019. ——————————— LG501 BUSH FIRES ACT 1954 City of Joondalup FIREBREAK NOTICE Notice to all Owners and/or Occupiers of land situated in the City of Joondalup To assist in the control of bushfires, and/or prevent the spread, or extension of a bushfire which may occur, all owners and/or occupiers of land within the City of Joondalup’s district are required before
17 September 2019 GOVERNMENT GAZETTE, WA 3303 the 31st day of October in each year, or within 14 days of becoming the owner or occupier of land if after that date, to remove from the land all flammable material and/or clear firebreaks in accordance with the following land areas and thereafter to maintain that land and firebreaks up to or including 31 May in the following year. Terms and Definitions— Flammable Material—means any plant, tree, grass, substance, object, thing or material that may or is likely to catch fire and burn or any other thing deemed by an authorised officer to be capable of combustion. Firebreak—means an area constructed to a trafficable surface that is kept and maintained totally clear of all flammable material. Trafficable—means to be able to travel from one point to another in a four-wheel drive fire appliance on a clear surface, unhindered without any obstruction that may endanger such fire appliances. Pursuant to the provisions contained in section 33 of the Bush Fires Act 1954, the City of Joondalup sets out the following specifications— Vacant land with an area of less than 2,000m²/0.2ha A firebreak, not less than 2m wide, must be cleared immediately inside and around all external boundaries of the land. All tree branches and shrubs that over-hang a firebreak must be trimmed back to a minimum height of 3m above ground level. After mowing or slashing is carried out, the height of the vegetation must not exceed 50mm over the entire area of the firebreak. All land with an area of 2,000m²/0.2ha or more A firebreak, not less than 3m wide, must be cleared immediately inside and around all external boundaries of the land. All tree branches and shrubs that over-hang a firebreak must be trimmed back to a minimum height of 4m above ground level. After mowing or slashing is carried out, the height of the vegetation must not exceed 50mm over the entire area of the firebreak. Land with buildings and with an area of 2000m²/0.2ha or more A firebreak, not less than 3m wide, must be cleared around all structures and immediately inside and around all external boundaries of the land. All tree branches and shrubs that over-hang a firebreak must be trimmed back to a minimum height of 4m above ground level. After mowing or slashing is carried out, the height of the vegetation must not exceed 50mm over the entire area of the firebreak. All buildings, including roofs, gutters and walls on the land must be free of flammable material. Alternative Firebreaks If a firebreak is impractical along your boundary for environmental or other reasons, property owners should notify the City in writing by 15 October to obtain permission for firebreaks in alternative positions or of a different nature. The above firebreak requirements will continue to apply to your property until and unless the City approves alternative firebreaks in writing. Additional Works to Reduce Hazards Regardless of land size and location, the City of Joondalup may require a property owner to undertake additional works on their property to improve access and/or undertake further works where in the opinion of the City, these works would be conducive to preventing the outbreak and/or spread or extension of a bushfire. Prohibited and Restricted Burning Times The prohibited burning period for the City of Joondalup, pursuant to section 17 of the Bush Fires Act 1954 shall be between 15 December to 31 March inclusive each year. The restricted burning period for the City of Joondalup, pursuant to section 18 of the Bush Fires Act 1954 shall be all year round from 1 January to 31 December. Permit to Burn Burning is not permitted during the City of Joondalup’s Prohibited Burning Times. A permit to burn is required during the City of Joondalup’s Restricted Burning Times. Permit to burn applications must be made in writing and will be assessed on an individual basis. The City is under no obligation to issue a permit to burn. Total Fire Ban and Fire Danger Rating No fire of any kind may be lit on a day when the Department of Fire and Emergency Services (DFES) has declared a Total Fire Ban (TFB) and/or on a day when the forecast Fire Danger Rating (FDR) for the City of Joondalup is Very High or above.
3304 GOVERNMENT GAZETTE, WA 17 September 2019 Penalties Failure to comply with this Firebreak Notice can result in fines up to $250 and in the case of major offences may result in Court action with fines up to $5,000. GARRY HUNT, PSM, Chief Executive Officer. Dated: 11 September 2019. ——————————— LG502 BUSH FIRES ACT 1954 FIRE BREAK NOTICE 2019-2020 City of Melville Notice to all Owners and/or Occupiers of land situated in the City of Melville Pursuant to Section 33 of the Bush Fires Act 1954, you are hereby required on or before the 15th day of November 2019, or within 14 days of the date of you becoming the owner or occupier of land situated in the City of Melville should this be after the 15th day of November 2019, and thereafter up to and including the 30th day of April 2020, to clear flammable matter from that land in accordance with the following requirements— A. As to land which is 1,500 square metres or less in area, or which is zoned “residential”, to clear all flammable matter from the whole of the land except living trees, shrubs and plants under cultivation and lawns. B. As to all other land within the district the owner or occupier shall— (i) Clear firebreaks of a minimum width of three (3) metres inside all external boundaries of the land; and (ii) Clear firebreaks of a minimum width of five (5) metres around all buildings situated on the land; and (iii) Where that area of land exceeds ten (10) hectares, clear firebreaks of a minimum width of five (5) metres so as to ensure that no area of land within the firebreaks exceeds ten (10) hectares; and (iv) In any event, clear the firebreaks to the satisfaction of Council’s duly authorised officer. C. Ensure the roofs, gutters and walls of all buildings on the land are free of flammable materials. If for any reason an owner or occupier considers it to be impracticable to clear firebreaks or comply with other fire protection measures in accordance with these requirements, the owner or occupier may apply in writing to the City’s duly authorised officer, no later than 31 October 2019, for an exemption or partial exemption from compliance with the requirements of this notice. The penalty for failing to comply with this notice is a fine of up to $5,000 and a person in default is also liable, whether prosecuted or not, to pay the cost of performing the work directed in this notice if it is not carried out by the owner or occupier by the date required by this notice. MARTEN TIELEMAN, Chief Executive Officer. MARINE/MARITIME MA401 WESTERN AUSTRALIAN MARINE ACT 1982 NAVIGABLE WATERS REGULATIONS 1958 PROHIBITED SWIMMING AREA Perth Waters, Swan River Department of Transport, Fremantle WA, 17 September 2019. Acting pursuant to the powers conferred by Regulation 10A (b) of the Navigable Waters Regulations 1958, I hereby declare the following area to be a swimming prohibited area for the times stated— Swan River Area of Closure: All the waters between the Narrows Bridge and Elizabeth Quay North of the marked navigational channel bounded by a line commencing at navigation marker located at 31°57.734′S, 115°50.955′E, thence to navigational marker located at 31°57.650′S, 115°51.159′E. (approximately 355 metres north east), thence to navigation marker located at 31°57.624′S, 115°51.290′E. (approximately 215 metres east) thence to navigational marker located at
17 September 2019 GOVERNMENT GAZETTE, WA 3305 31°57.599′S, 115°51.310′E. (approximately 55 metres north east), thence to the south western corner of Elizabeth Quay, (approximately 90 metres due north) thence in a westerly direction along the foreshore to the intersection of the shoreline adjacent to the point of commencement. 10:00 AM to 9:00 PM on Friday 20 September 2019 10:00 AM to 6:00 PM on Saturday 21 September 2019 10:00 AM to 5:00 PM on Sunday 22 September 2019 This area is set aside for the running of aquatic activities associated with the approved 2019 Club Marine Perth International Boat Show. CHRISTOPHER J. MATHER, Director Waterways Safety Management, Department of Transport. ——————————— MA402 WESTERN AUSTRALIAN MARINE ACT 1982 NAVIGABLE WATERS REGULATIONS 1958 WATER SKI AREA Perth Waters, Swan River Department of Transport, Fremantle WA, 17 September 2019. Acting pursuant to the powers conferred by Regulation 48A of the Navigable Waters Regulations 1958, I hereby declare the following area to be a water ski area for the times stated— Swan River All the waters between the Narrows Bridge and Elizabeth Quay North of the marked navigational channel bounded by a line commencing at navigation marker located at 31°57.734′S, 115°50.955′E, thence to navigational marker located at 31°57.650′S, 115°51.159′E. (approximately 355 metres north east), thence to navigation marker located at 31°57.624′S, 115°51.290′E. (approximately 215 metres east) thence to navigational marker located at 31°57.599′S, 115°51.310′E. (approximately 55 metres north east), thence to the south western corner of Elizabeth Quay, (approximately 90 metres due north) thence in a westerly direction along the foreshore to the intersection of the shoreline adjacent to the point of commencement. 10:00 AM to 9:00 PM on Friday 20 September 2019 10:00 AM to 6:00 PM on Saturday 21 September 2019 10:00 AM to 5:00 PM on Sunday 22 September 2019 Providing however this area is only set aside for the running of water skiing activities associated with the approved 2019 Club Marine Perth International Boat Show. CHRISTOPHER J. MATHER, Director Waterways Safety Management, Department of Transport. DECEASED ESTATES ZX401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Nikolaos Couanis, late of 31 Hatfield Place, Toodyay, Western Australia, deceased. Creditors and persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the of the deceased, who died at Bethesda Hospital, Queenslea Drive, Claremont in the State of Western Australia on 3 March 2019, are required by the Executrix, Julie Ann Weekes of 21 Ryrie Avenue, Como WA 6152, to send particulars of their claims within 30 days of the date of publication of this notice to her, after which date she may convey or distribute the assets, having regard only to the claims of which she then has notice.
3306 GOVERNMENT GAZETTE, WA 17 September 2019 ZX402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Mark Daniel Lippi, late of 17 Oriana Street, Belmont 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 25 May 2019, are required by the personal representative, Catharina Francisca Lippi c/- Lynn & Brown Lawyers, PO Box 1114, Morley WA 6943 to send particulars of their claims to her by 18 October 2019, after which date the personal representative may convey or distribute the assets of the estate, having regard only to the claims of which she then has notice. ——————————— ZX403 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 as amended relates) in respect of the Estate of Dorothy Jean Piper late of Opal Bunbury, 39 Hayes Street, Bunbury WA who died on 9 April 2019 are required by the personal representative to send particulars of their claims addressed to the Executor of the Estate of Dorothy Jean Piper deceased care of Young & Young 5 Spencer Street Bunbury by the 16th day of October 2019 after which date the personal representative may convey or distribute the assets having regard only to the claims of which the personal representative then has notice. ———————————