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.
Citation
This notice is the Racing and Wagering Western Australia (FOB Rules) Notice (No. 8)
Commencement
These rules came into operation on 12 June 2012.
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.
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.
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.
Citation
This order is the Retail Trading Hours (City of Albany) Christmas Holiday Variation Order 2016.
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.
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.
Citation
This order is the Retail Trading Hours (City of Kalgoorlie-Boulder) Christmas Variation Order 2016.
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.
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
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.
Citation
This order is the Retail Trading Hours (City of Mandurah) Christmas Variation Order 2016.
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.
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.
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—
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.
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.
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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—
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.
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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—
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.
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.
Pursuant to section 81 of the Planning and Development Act 2005, refers basic Amendment
No. 35 to the Environmental Protection Authority; and
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.
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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.
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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
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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
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