City of South Perth Cats Local Law 2016

!2016199GG! 5005 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, FRIDAY, 4 NOVEMBER 2016 No. 199 PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.00 NOON © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT CONTENTS PART 1 Page City of South Perth Cats Local Law 2016 ................................................................................. 5007 Racing and Wagering Western Australia (FOB Rules) Notice (No. 8) 2016 ........................... 5010 ——— PART 2 Consumer Protection ................................................................................................................. 5012 Deceased Estates ....................................................................................................................... 5021 Fire and Emergency Services .................................................................................................... 5014 Justice......................................................................................................................................... 5015 Local Government ...................................................................................................................... 5015 Marine/Maritime ........................................................................................................................ 5017 Parliament.................................................................................................................................. 5017 Planning ..................................................................................................................................... 5018 Racing, Gaming and Liquor....................................................................................................... 5020

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4 November 2016 GOVERNMENT GAZETTE, WA 5007 — PART 1 — LOCAL GOVERNMENT LG301 CAT ACT 2011 LOCAL GOVERNMENT ACT 1995 City of South Perth C ATS LOCAL LAW 2016 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 South Perth resolved on 27 September 2016 to make the following local law. PART 1—PRELIMINARY 1.1 Title This is the City of South Perth Cats Local Law 2016. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Repeal Section 61 of the City of South Perth Health Local Law 2002, published in the Government Gazette on 22 November 2002 is deleted. 1.4 Terms used (1) In this local law, unless the context otherwise requires— Act means the Cat Act 2011; applicant means a person who applies for an approval; application means an application for an approval; approval means approval under regulation 9 of the Cat (Uniform Local Provisions) Regulations 2013 and Part 2 of this local law; approved person means the person to whom an approval is granted; authorised person means a person appointed by the local government to perform the functions conferred on an authorised person under this local law; cat has the meaning given to it in the Act; cat management facility has the meaning given to it in the Act; CEO means the Chief Executive Officer of the local government; district means the district of the local government; local government means the City of South Perth; local planning scheme means a local planning scheme made by the local government under the Planning and Development Act 2005; nuisance means— (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference. owner has the meaning given to it in the Act; premises has the meaning given to it in the Act; prescribed premises has the meaning given to it in regulation 4(1) of the Cat (Uniform Local Provisions) Regulations 2013; standard number of cats has the meaning given to it in regulation 4(1) of the Cat (Uniform Local Provisions) Regulations 2013; and veterinarian has the meaning given to it in the Act.

5008 GOVERNMENT GAZETTE, WA 4 November 2016 (2) A term that is used in this local law and is not defined in subclause (1) has the same meaning given to it in the Act or, if not defined in the Act, the same meaning given to it in the Cat Regulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or the Local Government Act 1995. 1.5 Application This local law applies throughout the district. PART 2—NUMBER OF CATS THAT MAY BE KEPT 2.1 Interpretation For the purposes of applying this Part, a cat does not include a cat less than 6 months old. 2.2 Prescribed premises (1) This local law limits the number of cats that may be kept at prescribed premises within the district except— (a) a cat management facility operated by a body prescribed as a cat management facility operator under the Cat Regulations 2012; (b) a cat management facility operated by the local government; or (c) a veterinary clinic or veterinary hospital as defined under section 2 of the Veterinary Surgeons Act 1960, but only in relation to cats kept on those premises for treatment. (2) To avoid doubt, subclause (1) applies in respect of cats that are kept at premises under a boarding service operated by a veterinarian. 2.3 Standard number of cats For the purposes of the definition of standard number of cats in regulation 4(1) of the Cat (Uniform Local Provisions) Regulations 2013, no more than 3 cats may be kept on premises at which a member of a cat organisation is not ordinarily resident. 2.4 Application for approval (1) An application for approval to keep an additional number of cats at prescribed premises is dealt with in regulation 8 of the Cat (Uniform Local Provisions) Regulations 2013. (2) An application for approval must be accompanied by the application fee determined by the local government in accordance with sections 6.16 to 6.19 of the Local Government Act 1995. 2.5 Determining an application (1) For the purpose of determining whether to grant approval for an application to keep an additional number of cats at prescribed premises, the local government must have regard to— (a) the zoning of the land under the local planning scheme; (b) the physical suitability of the premises for the proposed use; (c) the environmental sensitivity and general nature of the location surrounding the premises for the proposed use; (d) the structural suitability of any enclosure in which any cat is to be kept; (e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to an occupier of adjoining land; (f) the likely effect of the proposed use on the amenity of the surrounding area; (g) the likely effect of the proposed use on the local environment, including any pollution or other environmental damage; and (h) any other factors which the local government considers to be relevant in the circumstances of the application. (2) An approval is to be in the form determined by the CEO and is to be issued to the approved person. 2.6 Conditions (1) For the purpose of ensuring that the premises, to which an application relates, are suitable for the additional number of cats, the local government may impose any condition that it considers to be reasonably necessary for that purpose, including— (a) that the premises must be adequately fenced (and premises will be taken not to be adequately fenced if there is more than one escape of a cat from the premises); (b) that there must be adequate space for the exercise of the cats; (c) that, in the case of a multiple dwelling where there is no suitable dividing fence, each current occupier of adjoining multiple dwellings must give their written consent to the approval; and

4 November 2016 GOVERNMENT GAZETTE, WA 5009 (d) that, without the consent of the local government, the approved person must not substitute or replace any cat that dies or is permanently removed from the premises. (2) An approved person who does not comply with a condition of the approval, commits an offence. Penalty: A fine of $5,000. 2.7 Renewal of an application (1) An application is to be renewed if— (a) the approved person has not breached the conditions of the approval; (b) the approval would have been granted if a new application for approval had been made; and (c) the renewal fee, imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995, is paid to the local government before the expiry of the approval. (2) On the renewal of an approval, the conditions of the approval that applied immediately before the renewal continue to have effect. 2.8 Transfer of an approval (1) An approval relates only to the premises specified in the approval, and only to the approved person specified in the approval, and is transferrable only in accordance with this clause . (2) An application for the transfer of an approval from the approved person to another person must be— (a) made in the form determined by the CEO; (b) made by the proposed transferee; (c) made with the consent of the approved person; and (d) lodged with the local government together with the fee for the application for the transfer of an approval that is imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. (3) The local government is not to determine an application for the transfer of an approval until the proposed transferee has complied with subclause (2). (4) The local government may grant, or refuse to grant, an application for the transfer of an approval whether or not subject to such conditions as it considers appropriate, (5) Where the local government grants an application for the transfer of an approval— (a) it is to issue to the transferee an approval in the form determined by the CEO; and (b) on the date of approval, unless otherwise specified in the approval, the transferee becomes the approved person for the purposes of this local law. 2.9 Variation or cancellation of an approval (1) The local government may, at any time, vary in writing the conditions of an approval. (2) The local government may writing cancel an approval— (a) on the request of the approved person; (b) if the approved person breaches the Act, the Cat Regulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or this local law; or (c) if the approved person is not a fit and proper person to provide for the health and welfare of the cats. (3) If an approval is cancelled, the fee paid for the approval is not refundable for the term of the approval that has not yet expired. (4) A variation to, or cancellation of an approval under this clause takes effect from the date stated in the notice of variation or cancellation given in wiritng by the local government. 2.10 Objection and review rights A decision of the local government made under clauses 2.7, 2.8 or 2.9 of this local law is a decision to which Part 9, Division 1 of the Local Government Act 1995 applies. PART 3—ENFORCEMENT 3.1 Infringement notices (1) If this local law expresses a modified penalty as a number of penalty units, the monetary value of the modified penalty is the number of dollars obtained by multiplying the value of the penalty unit, as specified in the City of South Perth Penalty Units Local Law 2003, by the number of penalty units specified in this local law.

5010 GOVERNMENT GAZETTE, WA 4 November 2016 (2) An offence against clause 2.5(2) is a prescribed offence for the purposes of section 62(1) of the Act and the modified penalty for the offence is a fine of 20 penalty units. (3) The form of an infringement notice is Form 6 in Schedule 1 of the Cat Regulations 2012. (4) The form of withdrawal of the infringement notice is Form 7 in Schedule 1 of the Cat Regulations 2012. 3.2 Objection The form of an objection under clause 2.9 is Form 8 in Schedule 1 of the Cat Regulations 2012. ———— Dated: 27 September 2016. The Common Seal of the City of South Perth was affixed by authority of a resolution of the Council in the presence of— SUE DOHERTY, Mayor. GEOFF GLASS, Chief Executive Officer. R ACING , G AMING AND LIQUOR RA301 RACING AND WAGERING WESTERN AUSTRALIA ACT 2003 R ACING AND WAGERING WESTERN AUSTRALIA (FOB R ULES) N OTICE (N O. 8) 2016 Made by Racing and Wagering Western Australia under section 61 of the Act.

1. Citation This notice is the Racing and Wagering Western Australia (FOB Rules) Notice (No. 8)
3. Commencement These rules came into operation on 12 June 2012.
4. Interpretation In this notice— “the Act” means the Racing and Wagering Western Australia Act 2003; “the Rules” means the rules described in clause 4, adopted by Racing and Wagering Western Australia.
5. Rules adopted under section 61 of the Act (1) In a meeting held on 31 May 2012, Racing and Wagering Western Australia resolved— (a) to adopt and operate under rules relating to a jointly operated fixed odds wagering system in accordance with section 61(2) and (4) of the Act. (2) A copy of the rules adopted was published for public information in the Special Gazette of 12 June 2012 at pp. 2413-2441. (3) Further amendments to the Rules were adopted by resolution of the Board dated 11 October 2012, 25 March 2013, 30 August 2013, 31 October 2013, 20 December 2013, 1 May 2014, 3 September 2014, 28 November 2014, 21 September 2015, 23 November 2015, 21 January 2016, 29 February 2016, 4 April 2016, 27 June 2016, 25 July 2016, 29 August 2016 and 3 October 2016 and published for public information in the Gazettes of 23 October 2012 at pp. 5058-5060, 5 April 2013 at pp. 1490-1491, 17 September 2013 at pp. 4337-4346, 15 November 2013 at pp. 5262- 5265, 10 January 2014 at pp 24-25, 13 May 2014 at pp 1455-1465, 12 September 2014 at pp 3290-3291, 5 December 2014 at pp 4523-4525, 25 September 2015 at pp 3881-3883, 27 November at pp 4756-4758, 29 January 2016 at pp 276-277, 4 March 2016 at pp 627-628, 8 April 2016 at pp 1101-1103, 1 July 2016 at pp 2748- 2749, 29 July 2016 at pp 3215-3217, 2 September at pp 3713-3714 and 7 October 2016 at pp 4379-4387.
6. Changes to Rules published for public information section 61(6)(c) of the Act (1) Further amendments to the Rules were adopted by resolution of the Board dated 31 October 2016.

4 November 2016 GOVERNMENT GAZETTE, WA 5011 (2) Those further amendments to the Rules are published in the Schedule to this notice for public information, as required by section 61(6)(c) of the Act. Schedule 1—Amendments to Adopted Rules 30 (i) RWWA may take “In the Run” bets on RWWA-nominated events. In such circumstances, markets may be displayed on the website as “Live Betting” and RWWA Account holders can call our office to obtain markets or place a bet via view the markets on the website/apps at live Betting Bet-In Play. In compliance with the Interactive Gambling Act 2001 (Cwlth) “In the Run” wagers will not be accepted over the Internet and may only be accepted over the telephone (including via Bet In-Play). (ii) In-Play Racing Markets are markets where a Client is able to place a fixed odds win bet on a horse racing event after it has begun, for example Double Down markets. 81 A reference to “SP” means the official Bookmakers’ Starting Price. Except for American races where a reference to SP means the final dividend declared by the local track where the race is run 84 Not Adopted 111 Not Adopted 112 Not Adopted 113 Not Adopted 114 Not Adopted ———————————

5012 GOVERNMENT GAZETTE, WA 4 November 2016 — PART 2 — CONSUMER P ROTECTION CP401 RETAIL TRADING HOURS ACT 1987 R ETAIL TRADING HOURS (CITY OF A LBANY) C HRISTMAS HOLIDAY V ARIATION O RDER 2016 Made by the Minister for Commerce under section 12E of the Act.

1. Citation This order is the Retail Trading Hours (City of Albany) Christmas Holiday Variation Order 2016.
2. Commencement This order comes into operation as follows— (a) clauses 1 and 2—on the day on which this order is published in the Gazette; (b) the rest of the order—on the day after that day.
3. Variation of retail trading hours General retail shops, other than motor vehicle shops, in the Albany local government district, are authorised to be open at times when those shops would otherwise be required to be closed— (a) on each day specified in the Table; and (b) during the hours specified for that day in the Table. Table Day Hours Friday 2 December 2016 From 6.00 pm until 9.00 pm Sunday 4 December 2016 From 10.00 am until 5.00 pm Monday 5 December 2016 From 6.00 pm until 9.00 pm Tuesday 6 December 2016 From 6.00 pm until 9.00 pm Wednesday 7 December 2016 From 6.00 pm until 9.00 pm Friday 9 December 2016 From 6.00 pm until 9.00 pm Sunday 11 December 2016 From 10.00 am until 5.00 pm Monday 12 December 2016 From 6.00 pm until 9.00 pm Tuesday 13 December 2016 From 6.00 pm until 9.00 pm Wednesday 14 December 2016 From 6.00 pm until 9.00 pm Friday 16 December 2016 From 6.00 pm until 9.00 pm Sunday 18 December 2016 From 10.00 am until 5.00 pm Monday 19 December 2016 From 6.00 pm until 9.00 pm Tuesday 20 December 2016 From 6.00 pm until 9.00 pm Wednesday 21 December 2016 From 6.00 pm until 9.00 pm Friday 23 December 2016 From 6.00 pm until 9.00 pm Monday 26 December 2016 From 10.00 am until 5.00 pm Tuesday 27 December 2016 From 10.00 am until 5.00 pm Wednesday 28 December 2016 From 6.00 pm until 9.00 pm Friday 30 December 2016 From 6.00 pm until 9.00 pm Sunday 1 January 2017 From 10.00 am until 5.00 pm Monday 2 January 2017 From 10.00 am until 5.00 pm Tuesday 3 January 2017 From 6.00 pm until 9.00 pm Wednesday 4 January 2017 From 6.00 pm until 9.00 pm Friday 6 January 2017 From 6.00 pm until 9.00 pm Sunday 8 January 2017 From 10.00 am until 5.00 pm Monday 9 January 2017 From 6.00 pm until 9.00 pm

4 November 2016 GOVERNMENT GAZETTE, WA 5013 Day Hours Tuesday 10 January 2017 From 6.00 pm until 9.00 pm Wednesday 11 January 2017 From 6.00 pm until 9.00 pm Friday 13 January 2017 From 6.00 pm until 9.00 pm Sunday 15 January 2017 From 10.00 am until 5.00 pm Monday 16 January 2017 From 6.00 pm until 9.00 pm Tuesday 17 January 2017 From 6.00 pm until 9.00 pm Wednesday 18 January 2017 From 6.00 pm until 9.00 pm Friday 20 January 2017 From 6.00 pm until 9.00 pm Sunday 22 January 2017 From 10.00 am until 5.00 pm Monday 23 January 2017 From 6.00 pm until 9.00 pm Tuesday 24 January 2017 From 6.00 pm until 9.00 pm Wednesday 25 January 2017 From 6.00 pm until 9.00 pm Thursday 26 January 2017 From 10.00 am until 5.00 pm Friday 27 January 2017 From 6.00 pm until 9.00 pm Sunday 29 January 2017 From 10.00 am until 5.00 pm Monday 30 January 2017 From 6.00 pm until 9.00 pm Tuesday 31 January 2017 From 6.00 pm until 9.00 pm M. MISCHIN, Minister for Commerce. ——————————— CP402 RETAIL TRADING HOURS ACT 1987 R ETAIL TRADING HOURS (CITY OF K ALGOORLIE-B OULDER) C HRISTMAS V ARIATION O RDER 2016 Made by the Minister for Commerce under section 12E of the Act.

1. Citation This order is the Retail Trading Hours (City of Kalgoorlie-Boulder) Christmas Variation Order 2016.
2. Commencement This order comes into operation as follows— (a) clauses 1 and 2—on the day on which this order is published in the Gazette; (b) the rest of the order—on the day after that day.
3. Variation of retail trading hours General retail shops, other than motor vehicle shops, in the Kalgoorlie-Boulder local government district are authorised to be open at times when those shops would otherwise be required to be closed— (a) on each day specified in the Table; and (b) during the hours specified for that day in the Table. Table Day Hours Sunday 11 December 2016 From 9.00 am until 2.00 pm Sunday 18 December 2016 From 9.00 am until 2.00 pm Monday 26 December 2016 From 10.00 am until 3.00 pm Tuesday 27 December 2016 From 10.00 am until 3.00 pm
4. Relationship to standing orders (a) This order does not affect the operation of the Retail Trading Hours (Burt Street Precinct, Boulder) Exemption Order 2001. (b) This order has effect despite the Retail Trading Hours (City of Kalgoorlie-Boulder) Variation Order (No. 2) 2015. M. MISCHIN, Minister for Commerce.

5014 GOVERNMENT GAZETTE, WA 4 November 2016 CP403 RETAIL TRADING HOURS ACT 1987 R ETAIL TRADING HOURS (CITY OF MANDURAH ) C HRISTMAS V ARIATION O RDER 2016 Made by the Minister for Commerce under section 12E of the Act.

1. Citation This order is the Retail Trading Hours (City of Mandurah) Christmas Variation Order 2016.
2. Commencement This order comes into operation as follows— (a) clauses 1 and 2—on the day on which this order is published in the Gazette; (b) the rest of the order—on the day after that day.
3. Variation of retail trading hours: December 2016 General retail shops, other than motor vehicle shops, in the Mandurah local government district are authorised to be open, at times when those shops would otherwise be required to be closed— (a) on each day specified in the Table; and (b) during the hours specified for that day in the Table. Table Day Hours Monday 19 December 2016 From 6.00 pm until 9.00 pm Tuesday 20 December 2016 From 6.00 pm until 9.00 pm Wednesday 21 December 2016 From 6.00 pm until 9.00 pm Friday 23 December 2016 From 6.00 pm until 9.00 pm M. MISCHIN, Minister for Commerce. ——————————— CP404 COOPERATIVES ACT 2009 PROPOSED D EREGISTRATION —V OLUNTARY Pursuant to the applied provisions of s601AA of the Corporations Act 2001 Notice is hereby given that the acting Registrar of Cooperatives proposes to deregister the below- named Co-operative under section 315 of the Co-operatives Act 2009— INDEPENDENT HARDWARE CO-OPERATIVE WESTERN AUSTRALIA—C2000006R The Registrar may deregister the Co-operative when two (2) months have passed since publication of this Notice. Dated: 27 October 2016. DAVID HILLYARD, A/Registrar of Cooperatives. FIRE AND E MERGENCY S ERVICES FE401 FIRE AND EMERGENCY SERVICES ACT 1998 C ANCELLATION OF SES U NITS Correspondence No. 16/76238 Department of Fire and Emergency Services. Pursuant to section 18C(2) of the Fire and Emergency Services Act 1998, the approval of the following SES Unit is hereby cancelled— Morawa SES Unit WAYNE GREGSON APM, FES Commissioner. 19 October 2016.

4 November 2016 GOVERNMENT GAZETTE, WA 5015 FE402 FIRE AND EMERGENCY SERVICES ACT 1998 A PPROVAL OF FES U NIT Correspondence No. FT20201 Department of Fire and Emergency Services. Pursuant to section 18M(1) of the Fire and Emergency Services Act 1998, the following group of persons is approved as a FES Unit for the purposes of the Act— Baldivis Volunteer Fire and Emergency Services WAYNE GREGSON APM, FES Commissioner. J USTICE JU401 JUSTICES OF THE PEACE ACT 2004 R ESIGNATION It is hereby notified for public information that the Minister has accepted the resignation of— Mrs Edith Scott Williams of Augusta from the Office of Justice of the Peace for the State of Western Australia. JOANNE STAMPALIA, A/Executive Director, Court and Tribunal Services. ——————————— JU402 JUSTICES OF THE PEACE ACT 2004 A PPOINTMENT It is hereby notified for public information that Her Excellency the Governor in Executive Council has approved of the following to the Office of Justice of the Peace for the State of Western Australia— Nicolas Trandos of Joondalup JOANNE STAMPALIA, A/Executive Director, Court and Tribunal Services. LOCAL GOVERNMENT LG501 BUSH FIRES ACT 1954 FIRE B REAK O RDER Shire of Corrigin Notice to all Owners and or Occupiers of land in the Shire of Corrigin Pursuant to the powers contained in section 33 of the Bush Fires Act 1954, you are hereby required on or before 31 October 2016, to plough, scarify, cultivate, spray or otherwise clear and thereafter maintain free of all inflammable material until 15 April 2017 firebreaks in the following dimensions, on the land owned or occupied by you.

1. RURAL LAND 1.1 Firebreaks of not less than 2.44 metres (8 feet) in width must be constructed along and within 20 metres of all external boundaries of the property owned or occupied by you. If any portion of the land adjoins a public road or railway line, a firebreak must also be constructed along that boundary. 1.2 Property in excess of 250 hectares shall have fire breaks positioned as necessary to divide land into areas not exceeding 250 hectares each completely surrounded by a firebreak. 1.3 Clear and maintain firebreaks at least 2.44 metres (8 feet) wide within 20 metres of the perimeter of any building or group of buildings, fuel tanks, hayshed or haystack, in such a manner as to fully encircle the structure/s. In addition to firebreaks a 20m wide low fuel zone is required to be maintained around any building or group of buildings, fuel tanks, hayshed or haystack. Low fuel means the removal of inflammable material, dead trees, leaf litter and trash and the removal of dead

5016 GOVERNMENT GAZETTE, WA 4 November 2016 branches to a height of 1.5 metres from live standing trees. Grass is to be slashed to a height not exceeding 100mm. 1.4 During any period when harvesting operations are being conducted, there shall be provided an operational mobile firefighting unit with a minimum capacity of 500 litres of water located in or immediately adjacent to the paddock being harvested. The responsibility to supply the unit is that of the landowner/occupier. 2. TOWN SITES 2.1 Where the area of the land is 0.2 hectares (one half of one acre) or less, you shall clear all inflammable material on the land from the whole of the land. 2.2 Where the area of the land exceeds 0.2 hectares (one half of one acre), you shall clear of all inflammable material, firebreaks not less than 2.44 metres (8 feet) wide immediately inside all external boundaries of the land, and also immediately surrounding all buildings, haystacks and fuel ramps situated on the land, and also immediately surrounding any drums or drums situated on the land which are normally used for the storage of fuel, whether they contain fuel or not. 3. GENERAL PROVISIONS The term “Inflammable Material” for the purpose of this notice includes bush (as defined in the Bush Fires Act 1954), timber, boxes, cartons, paper, and the like inflammable materials, rubbish and any combustible matter, but does not include buildings, green standing trees and bushes or growing bushes or plants in gardens or lawns. If it is considered to be impractical for any reason to provide firebreaks in the position or adhere to the provisions required by this notice, the written approval of Council or a duly authorised officer must be obtained to prepare such firebreaks in an alternative position. If permission is not granted by Council or a duly authorised officer you shall comply with the requirements of this order. A “Harvesting/Total Movement Ban” includes harvesting and the movement of vehicles in paddocks, except vehicles carrying water to stock. Contractors carting lime, gypsum or fertilizer are allowed to enter into paddocks to unload at any time that there is a “Harvest/Total Movement Ban” in place on the condition that a manned fire unit with at least 500 litres of water is in attendance. Harvesting is not permitted on Christmas Day and New Years Day. The penalty for failing to comply with this order is a fine of not more than one thousand dollars ($1000) and a person in default is also liable, whether prosecuted or not, to pay the cost of performing the work directed by this notice, if it is not carried out by the owner or occupier by the date required by this notice. ROB PAULL, Chief Executive Officer. ——————————— LG502 BUSH FIRES ACT 1954 Town of Victoria Park 2016/2017 FIREBREAK N OTICE Notice to all Owners and/or Occupiers of Land within the Town of Victoria Park Pursuant to the powers conferred in Section 33 of the Bush Fires Act 1954, you are required on or before the 31st October 2016, or within fourteen (14) days of the date you become the owner or occupier should this be after the 31st day of October 2016 and thereafter up to and including the 30th day of April 2017, to clear inflammable matter, on land owned and/or occupied by you in accordance with the following requirements—

1. All land which is 2000 m2 or less in area; Remove inflammable matter from the whole of the land, except living trees and shrubs; plants under cultivation and lawn, by means of ploughing, cultivating or slashing to a height of no more than 50mm.
2. All other land within the Town of Victoria Park— (i) Firebreaks of a minimum width and height of 3 metres are to be cleared immediately inside all external boundaries of the land; (ii) Firebreaks to a minimum width of 3 metres and height of 3 metres are to be cleared immediately surrounding all buildings situated on the land; and any place where inflammable liquids and gas products are kept; In addition to the requirements in this Firebreak Notice (Notice) Council may, by notice in writing require an owner and/or occupier to act as and when specified in the Notice with respect to anything which is upon land and which in the opinion of Council is or is likely to be conducive to the outbreak of a bush fire or the spread or extension of a bush fire. The term “Inflammable Matter” for the purpose of this Notice includes bush (as defined in the Bush Fires Act 1954), timber, boxes, cartons, paper, rubbish and any other combustible or inflammable matter, but does not include buildings, green standing trees and bushes or growing bushes or plants in gardens or lawns. All firebreaks must be cleared on or before 31 October in any year and thereafter maintained clear of inflammable matter up to and including 30 April in the following year.

4 November 2016 GOVERNMENT GAZETTE, WA 5017 If for any reason an owner and/or occupier considers it impractical to clear firebreaks or comply with other fire protection measures in accordance with the Notice, the owner and/or occupier may apply in writing to Council no later than 31 October in any year for a variation. If permission is not granted in writing by Council or its authorised officer, the owner and/or occupier must comply with the requirements of this Notice. Any variation granted by Council will apply only for a single Firebreak Period. A variation granted by Council shall only remain in force until 30 April in the following year. The penalty for failing to comply with this notice is a fine of not more than $5,000.00 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. By order of Town of Victoria Park, ANTHONY VULETA, Chief Executive Officer. M ARINE /M ARITIME MA401 WESTERN AUSTRALIAN MARINE ACT 1982 NAVIGABLE WATERS REGULATIONS 1958 PROHIBITED SWIMMING A REA Lancelin Beach Department of Transport, Fremantle WA, 4th November 2016. Acting pursuant to the powers conferred by Regulation 10A (b) of the Navigable Waters Regulations 1958, I hereby close all of the following waters to swimming, between the hours of 7:00 am and 4:00 pm on Friday 11th November, Saturday 12th November and Sunday 13th November 2016 for Round 3 and again on Saturday 14th January 2017 for Round 5— Lancelin Back Beach—Round 3 All the waters within the following coordinates, located adjacent to Lancelin Beach: 31° 02.476′S, 115° 20.268′E, 31° 02.447′S, 115° 20.392′E, 31° 02.709′S, 115° 20.485′E and 31° 02.737′S, 115° 20.361′E Lancelin Front Beach—Round 5 All the waters within the following coordinates, located adjacent to Lancelin Beach: 31° 00.764′S, 115° 19.648′E, 31° 00.723′S, 115° 19.534′E, 31° 00.625′S, 115° 19.557′E, 31° 00.641′S, 115° 19.630′E, 31° 00.711′S, 115° 19.627′E and 31° 00.739′S, 115° 19.658′E This area is set aside for safety measures during Jet Sport West State Series Rounds 3 and 5 Lancelin PWC racing event. CHRISTOPHER MATHER, Director Waterways Safety Management, Department of Transport. 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. Loan Act 2016 27 October 2016 33 of 2016 Genetically Modified Crops Free Areas Repeal Act 2016 27 October 2016 34 of 2016 NIGEL PRATT, Clerk of the Parliaments. 1 November 2016.

5018 GOVERNMENT GAZETTE, WA 4 November 2016 P LANNING PL101 CORRECTION PLANNING AND DEVELOPMENT ACT 2005 A PPROVED LOCAL PLANNING SCHEME A MENDMENT City of Rockingham Town Planning Scheme No. 2—Amendment No. 123 Ref: TPS/1761 It is hereby notified for public information that the notice under the above Amendment No. 123 published at page 4806 of the Government Gazette No. 191 dated 21 October 2016, contained an error which is now corrected as follows— For the words— 8. Clause 4.17.3 (f) Notwithstanding clause 77 of the deemed provisions, the Council has the ability to withdraw development approval for a commercial vehicle, without the prior application from the owner of land in respect of which development approval has been granted. If the commercial vehicle is not being used in accordance with any of the requirements of clause 4.17.3. Should read— 8. Clause 4.17.3 (f) Notwithstanding clause 77 of the deemed provisions, the Council has the ability to withdraw development approval for a commercial vehicle, without the prior application from the owner of land in respect of which development approval has been granted, if the commercial vehicle is not being used in accordance with any of the requirements of clause 4.17.3. For the words— 4.17.4 An approval granted under clause 668 Should read— 4.17.4 An approval granted under clause 68. For the words— Rezoning portions of Lots 2119 to 2121 Should read— Rezoning portions of Lots 2119 to 2124 M. R. NEWMAN, Chief Executive Officer. ——————————— PL402 PLANNING AND DEVELOPMENT ACT 2005 A PPROVED LOCAL PLANNING SCHEME A MENDMENT Town of Cottesloe Local Planning Scheme No. 3—Amendment No. 6 Ref: TPS/1919 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 Cottesloe Local Planning Scheme amendment on 20 October 2016 for the purpose of— Amending the Scheme Text to refine particular residential height provisions, by amending the Scheme Text clause 5.7.5 as follows— i. In the first part, amend point (d) to read— Relevant planning considerations identified in Clause 67 of the Planning and Development (Local Planning Schemes) Regulations 2015. ii. In the first part, amend point (h) by adding the words below shown underlined— Building design to ameliorate the visual effects of height, including consideration of setting- back the side walls of added storeys from the side walls of existing buildings: and iii. In the second part, amend point (a) to read— Not exceeding the permitted maximum number of storeys; or, where that is already exceeded, not exceeding the existing number of storeys. J. DAWKINS, Mayor. M. HUMFREY, Chief Executive Officer.

4 November 2016 GOVERNMENT GAZETTE, WA 5019 PL401 PLANNING AND DEVELOPMENT ACT 2005 A PPROVED LOCAL PLANNING SCHEME A MENDMENT Shire of Bridgetown-Greenbushes Local Planning Scheme No. 4—Amendment No. 69 Ref: TPS/1713 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 Bridgetown-Greenbushes Local Planning Scheme amendment on 27 September 2016 for the purpose of—

1. Amending Schedule 3 of the Scheme as follows— Schedule 3 (A) Location of Zone (B) Permitted Uses and Conditions of Development SR6 Portion of Nelson Locations 1046, 1047 and Lots 4, 5, 6, 7, 8, 9, 10 and 11 South Western Highway, including Lot 150 Sunridge Drive, Bridgetown (e) In addition to normal setbacks under the Town Planning Scheme all buildings on the lots along the eastern boundary of the subject land must be setback up to 100 metres from the eastern boundary as illustrated on the Subdivision Guide Plan. (l) Council will request the Western Australian Planning Commission to impose a condition requiring the revegetation of the Stream Protection Area. Additionally a building envelope for proposed Lot 7 is to be appropriately identified and located to avoid any potential for habitat loss or biodiversity impacts within the stream protection area from building, construction or bushfire protection works. J. NICHOLAS, President. T. CLYNCH, Chief Executive Officer. ——————————— PL403 PLANNING AND DEVELOPMENT ACT 2005 A PPROVED LOCAL PLANNING SCHEME A MENDMENT City of Armadale Local Planning Scheme No. 4—Amendment No. 82 Ref: TPS/1735 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 Armadale Local Planning Scheme amendment on 20 October 2016 for the purpose of— (a) rezone Lot 2054 (65) River Road, Kelmscott from “Park and Recreation (local)” to ‘Residential”; and (b) amend the Scheme Maps accordingly. H. ZELONES OAM, JP, Mayor. R. TAME, Chief Executive Officer. ——————————— PL404 PLANNING AND DEVELOPMENT ACT 2005 A PPROVED LOCAL PLANNING SCHEME A MENDMENT City of Swan Local Planning Scheme No. 17—Amendment No. 141 Ref: TPS/1862 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 Swan Local Planning Scheme amendment on 20 October 2016 for the purpose of— (a) Removing land bound by Alexander Drive to the West, Reid Hwy to the north, Tonkin Hwy to the east and Widgee Road, Matthews Close and Sewell Court to the South generally referred to as Noranda from Local Planning Scheme No. 17. M. WAINWRIGHT, Mayor. M. FOLEY, Chief Executive Officer.

5020 GOVERNMENT GAZETTE, WA 4 November 2016 PL405 PLANNING AND DEVELOPMENT ACT 2005 A PPROVED LOCAL PLANNING SCHEME A MENDMENT Town of Cambridge Town Planning Scheme No. 1—Amendment No. 35 Ref: TPS/1895 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 Cambridge Town Planning Scheme amendment on 20 October 2016 for the purpose of—

1. Modify the Scheme Map to rezone Lot 101 (No. 95) Cambridge Street, Lot 102 (No. 103) Cambridge Street, Lot 1 (No. 105) Cambridge Street, Lot 3 (No. 26) Kimberley Street and Lot 2 (No. 28) Kimberley Street, West Leederville from Residential RAC - 0 to Mixed Use.
2. Pursuant to Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, resolves that Amendment No. 35 is a basic scheme amendment, as the amendment is to correct an administrative error.
3. Pursuant to section 81 of the Planning and Development Act 2005, refers basic Amendment No. 35 to the Environmental Protection Authority; and
4. Pursuant to Regulation 62(3) of the Planning and Development (Local Planning Schemes) Regulations 2015, authorises the affixing of the common seal and endorses the signing of the Amendment documentation. K. SHANNON, Mayor. J. BUCKLEY, Chief Executive Officer. R ACING , G AMING AND LIQUOR RA401 LIQUOR CONTROL ACT 1988 LIQUOR A PPLICATIONS The following are applications received under the Liquor Control Act 1988 (the Act) and required to be advertised. Any person wishing to obtain more details about any application, or about the objection process, should contact the Department of Racing, Gaming and Liquor, 1st Floor, 87 Adelaide Terrace, Perth, Telephone: (08) 9425 1888, or consult a solicitor or relevant industry organisation. App. No. Applicant Nature of Application Last Date for Objections APPLICATIONS FOR THE GRANT OF A LICENCE A000216278 Tourism and Leisure Services Pty Ltd Application for the grant of a Hotel Restricted licence in respect of premises situated in Millars Well and known as Econo Lodge Karratha. 28/11/2016 A000216533 Strand Lakeside Pty Ltd Application for the grant of a Restaurant licence in respect of premises situated in Byford and known as The Strand Byford. 14/11/2016 A000216688 Albany Surf Life Saving Club Inc Application for the grant of a Club Restricted licence in respect of premises situated in Middleton Beach and known as Albany Surf Life Saving Club. 14/11/2016 APPLICATION FOR APPROVAL TO ALTER/REDEFINE THE LICENSED PREMISES A000210080 Peedee2J Pty Ltd Application for the alteration/redefinition of a licence in respect of premises situated in Eaton and known as Cellarbrations at Eaton 6/12/2016 This notice is published under section 67(5) of the Act. B. A. SARGEANT, Director of Liquor Licensing. Dated: 28 October 2016.

4 November 2016 GOVERNMENT GAZETTE, WA 5021 DECEASED E STATES ZX401 TRUSTEES ACT 1962 D ECEASED E STATES Notice to Creditors and Claimants Graham Keith Coutts of 2 Jenour Court, Gelorup in the State of Western Australia, Coach Driver, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the deceased, who died on 7 June 2016, are required by the Executor, Equity Trustees Wealth Services Limited of Level 2, 575 Bourke Street, Melbourne, Victoria 3000 to send particulars of their claims to it, care of Svetlana Efraimov, Equity Trustees Wealth Services Limited of Level 2, 575 Bourke Street, Melbourne, Victoria 3000 within one (1) month of the date of publication hereof, after which date the Executor may convey or distribute the assets having regard only to the claims of which the Executor then has notice. Dated: 4 November 2016. EQUITY TRUSTEES WEALTH SERVICES LIMITED as Executor. ——————————— ZX402 TRUSTEES ACT 1962 D ECEASED E STATES Notice to Creditors and Claimants Mark Stanley Locke otherwise known as Mark Locke, late of 73 Clement Drive, Karrinyup in the State of Western Australia, Petrophysicist, 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 27 May 2016 at Glengarry Private Hospital, 53 Arnisdale Road, Duncraig in the State of Western Australia, are required by the personal representative, being Alan Michael Brook to send particulars of their claims to care of Brook Legal, PO Box 93, Wembley, Western Australia 6913 within 30 days of publication of this notice, after which date the personal representative may convey or distribute the assets, having regard only to the claims of which he then has notice. Dated: 28 October 2016. BROOK LEGAL. ——————————— ZX403 TRUSTEES ACT 1962 D ECEASED E STATES Notice to Creditors and Claimants Margaret Ruth Newnham, late of Regis Cypress Gardens, 22 Coongan Avenue, Greenmount in the State of Western Australia, Nurse, 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 8 June 2016 at St John of God Midland Public Hospital, Midland in the State of Western Australia, are required by the trustee Alan Richard Foster Newnham, c/- Avon Legal, Suite 7, 9 The Avenue, Midland in the State of Western Australia to send particulars of their claims to him within 30 days of this notice, after which date the trustee may convey or distribute the assets, having regard only to the claims of which he then has notice.

5022 GOVERNMENT GAZETTE, WA 4 November 2016 ZX404 TRUSTEES ACT 1962 D ECEASED E STATES Notice to Creditors and Claimants Patricia Olive Boes, late of 1 Hungerford 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 the deceased, who died on 29 February 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 the 5th of December 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. ——————————— ZX405 TRUSTEES ACT 1962 D ECEASED E STATES Notice to Creditors and Claimants Fay Dawn Graham, late of 10 Tangier Parkway, Port Kennedy 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 22 April 2016, are required by the personal representative to send particulars of their claims to him/her care of Clement & Co, Lawyers, Unit 2, 12 Sutton Street, Mandurah by the 12th of December 2016, after which date the personal representative may convey or distribute the assets having regard to the claims of which he/she then has notice. CLEMENT & CO as solicitors for the personal representative. ——————————— ZX406 TRUSTEES ACT 1962 D ECEASED E STATES Notice to Creditors and Claimants In the matter of the Estate of Peggy Christine Campbell, late of Aegis Aged Care, 38 Alday Street, St James, Western Australia, Retired, 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 14 July 2015, are required by the Executors of the Will of Peggy Christine Campbell deceased to send particulars of their claims addressed to the Executors of the Will of Peggy Christine Campbell, care of Colin Garber & Associates, PO Box 257, Victoria Park WA 6100 within one (1) month of the date of publication of this Notice, after which date the Executors may convey or distribute the assets having regard only to the claims of which they have then had notice. ——————————— ZX407 TRUSTEES ACT 1962 D ECEASED E STATES Notice to Creditors and Claimants In the estate of Mary Eva Mills of 17/99 Alexander Drive, Dianella, Western Australia, who died on 14 June 2016. 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 Executor of the Estate, Gloria Helen Sims, to send particulars of their claim to her care of Accent Accounting (WA), PO Box 8508, Perth BC within one (1) month of the date of publication of this notice, after which date the Executor may convey or distribute the assets having regard to the claims of which she has had notice.

4 November 2016 GOVERNMENT GAZETTE, WA 5023 ZX408 TRUSTEES ACT 1962 D ECEASED E STATES Notice to Creditors and Claimants Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the Estates of the undermentioned deceased persons are required to send particulars of their claims to me on or before 4 December 2016, after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice. Brown, Noel Thomas, late of St Bartholomew Men’s Hostel, 7 Lime Street, East Perth, died 16.06.2016 (PM33037584 TM52) D’Arcy-Evans, Priscilla Yee Ling, late of 5 Bellairs Road, Kardinya, died 22.09.2016 (DE31050095 EM23) Dew, Peter Wilton, late of 2/16 Foster Place, Mount Tarcoola, died 21.02.2016 (DE33027205 EM16) Freeman-Dick, Stuart Paul, late of 15 Satellite Place, Carlisle, died 4.03.2014 (DE33133812 EM38) Gabelish, Anthony John, also known as Tony, late of James Brown House, 171 Albert Street, Osborne Park, died 13.06.2016 (DE19963362 EM36) Gimblett, Victoria Charlotte, late of Amberley Aged Care, 33 Mell Road, Spearwood, died 24.09.2016 (DE19791302 EM16) Gray, Thomas Ashley, late of May Shaw Nursing Centre, 37 Wellington Street, Swansea, Tasmania, died 20.09.2016 (DE30300359 EM26) Kenward, Olive Muriel, late of St Rita’s Nursing Home, 25 View Street, North Perth, died 17.09.2016 (DE19682582 EM16) Long, William Gilbert, late of 2 Aminya Avenue, Wanneroo, died 9.08.2016 (DE33111485 EM16) Miller, Peter, late of 37 Wilfred Road, Thornlie, died 3.10.2016 (DE19981324 EM24) Morris, Gloria Baguio, also known as Gloria Morris, late of 15 Morris Drive, Forrestfield, died 3.09.2016 (DE19982331 EM35) Payne, Mary Paterson, late of Unit 35, 624-634 New South Head Road, Rose Bay, New South Wales, died 23.03.2016 (DE19830662 EM37) Reynolds, Millicent Betty Scott, late of 12 Collinson Street, Dianella, died 27.09.2016 (DE19930671 EM13) Salsbury, James Edmund, late of Carinya of Bicton, 220 Preston Point Road, Bicton, formerly of 102/ 34 Robinson Street, Inglewood, died 27.09.2016 (DE33020157 EM23) Scott, June Carmillice, also known as June Carmillice Wells, late of 2 Shoalhaven Place, Waikiki, died 12.08.2016 (DE19954394 EM38) Smith, Jessie, late of Meath Care, 80-82 Henley Street, Como, died 11.10.2016 (DE19651110 EM36) Walsh, Phyllis, late of Brightwater the Cove, 35 Hudson Drive, Dudley Park, died 17.11.2015 (PM33104901 TM52) BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212 ——————————— ZX409 PUBLIC TRUSTEE ACT 1941 A DMINISTERING OF E STATES Notice is hereby given that pursuant to Section 14 of the Public Trustee Act 1941 and amendments the Public Trustee has elected to administer the estates of the undermentioned deceased persons. Dated at Perth this 4th day of November 2016. BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212 ———— Name of Deceased Address Date of Death Date Election Filed Frank Joseph Astley (also known as Francis Joseph) DE33066277 EM17 44 Whatley Crescent, Mount Lawley 14 June 2015 27 October 2016 Owen James Skinner DE33107680 EM22 Unit 1/a 93 Thomas Street, Subiaco 15 June 2013 28 October 2016 ———————————