1489 ISSN 2204-4264 (online) PERTH, FRIDAY, 21 JUNE 2024 No. 74 PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CONTENTS Page Agriculture and Food ......................................................................................................................... 1491 Health ................................................................................................................................................. 1493 Justice ................................................................................................................................................ 1493 Local Government .............................................................................................................................. 1494 Planning ............................................................................................................................................. 1500 Premier and Cabinet ......................................................................................................................... 1507 Proclamations .................................................................................................................................... 1491 Public Notices..................................................................................................................................... 1512 WorkCover ......................................................................................................................................... 1507

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21 June 2024 GOVERNMENT GAZETTE, WA 1491 PROCLAMATIONS AA101 MAIN ROADS ACT 1930 PROCLAMATION Western Australia His Excellency The Honourable Christopher John Dawson, C. DAWSON, AC APM, Governor Governor of the State of Western Australia MRWA 10/1488 WHEREAS by Section 28A of the Main Roads Act 1930 as amended, it is provided that the Governor may on the recommendation of the Commissioner, by proclamation declare that any section or part of a road is a COA road section, and the places only at which it may be entered or departed from; and whereas the Commissioner has recommended that the road sections delineated on the drawing specified in Schedule 1 hereto shall be subject to Control of Access. Therefore, I the Governor, acting with the advice and consent of the Executive Council, in exercise of the powers contained in Section 28A of the Main Roads Act 1930, as amended, and pursuant to the recommendations do hereby declare the road sections delineated on the plans and as generally described in Schedule 1 shall be COA road sections, and the places only at which it may be entered or departed from shall be shown on those plans. Given under my hand and the Public Seal of the said State at Perth On 11 June 2024. By His Excellency’s Command, R. SAFFIOTI, Minister for Transport. GOD SAVE THE KING! ———— SCHEDULE CONTROL OF ACCESS (MRWA 10/1488) Road Name Route Number Local Authority As Delineated on Drawing No. Onslow Road M049 Shire of Ashburton 2460-070 Warrirda Road M075 Shire of Ashburton 2460-062 2460-063 2460-064 2460-065 North West Coastal Highway H007 Shire of Ashburton 2460-094 AGRICULTURE AND FOOD AG401 BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007 DETERMINATION NOTICE—DECLARED PEST RATES 2024-25 Under section 130 of the Biosecurity and Agriculture Management Act 2007 I determine rates chargeable on land in the prescribed areas for the financial year commencing on 1 July 2024 as follows— (a) 6.4724 cents in the dollar on the unimproved value of land held under pastoral leasehold in the local government districts of Carnarvon, Exmouth, Greater Geraldton, Murchison, Upper Gascoyne, Northampton, and Shark Bay (b) 7.749 cents in the dollar on the unimproved value of land held under pastoral leasehold in the local government districts of Coolgardie, Dundas, Kalgoorlie-Boulder, Laverton, Leonora, Menzies, Ngaanyatjarraku, Sandstone, Wiluna and Yilgarn

1492 GOVERNMENT GAZETTE, WA 21 June 2024 (c) 0.5441 cents in the dollar on the unimproved value of the land held under pastoral leasehold in the local government districts of Broome, Derby-West Kimberley, Wyndham-East Kimberley and Halls Creek (d) 6.719 cents in the dollar on the unimproved value of the land held under pastoral leasehold in the local government districts of Cue, Meekatharra, Mount Magnet, Mount Marshall, Perenjori and Yalgoo (e) 2.451 cents in the dollar on the unimproved value of land held under pastoral leasehold in the local government districts of Ashburton, East Pilbara, Karratha and Port Hedland (f) 0.0457 cents in the dollar on the unimproved value of freehold land in the local government districts of Dalwallinu, Koorda, Morawa and Perenjori, that is no less than 100 hectares in area with a minimum rate payable amount of $87 (g) 0.00913 cents in the dollar on the unimproved value of freehold land in the local government districts of Carnamah, Coorow, Dandaragan, Mingenew, Moora, Irwin and Three Springs, that is no less than 100 hectares in area with a minimum rate payable amount of $104.50 (h) 0.0280 cents in the dollar on the unimproved value of freehold land in the local government districts of Chapman Valley, Greater Geraldton and Northampton, that is no less than 100 hectares in area with a minimum rate payable amount of $80 (i) a flat rate on freehold land in the local government districts of Boyup Brook, Bridgetown- Greenbushes, Donnybrook-Balingup (in the localities of Balingup, Mullalyup, Grimwade, Southampton, and Wilga West) and West Arthur, that is— i. a fixed sum of $50 on freehold land on the rural valuation roll maintained under the Valuation of Land Act 1978 ii. a fixed sum of $40 on freehold land within a town-site described as urban residential or urban farming or urban vacant or urban miscellaneous on the urban valuation roll maintained under Valuation of Land Act 1978 (j) a flat rate (fixed sum) on freehold land in the local government district of Esperance that is no less than 100 hectares in size as follows – Hectare ranges Flat rate (fixed sum) $ 100—5,000 50

5000—10,000 200 10,000 500 (k) a flat rate (fixed sum) of $30 on freehold land on the rural, urban and/or metropolitan valuation rolls maintained under the Valuation of Land Act 1978 in the local government districts of Harvey, Mandurah, Murray, Serpentine-Jarrahdale and Waroona, that is no less than one (1) hectare in area (l) a flat rate (fixed sum) on freehold land in the local government district of Ravensthorpe that is described as urban farming or urban residential or urban vacant or urban miscellaneous on the non-rural and on the rural valuation rolls maintained under the Valuation of Land Act 1978 as follows – Hectare ranges Flat rate (fixed sum) $ 50 ha or less 24 50—200 39 200—500 75 500—1,000 141 1,000—2,000 200 2,000—3,500 377 3,500—5,000 528 5,000—7,500 698 7,500—9,000 848 9,000 1,107 (m) a flat rate (fixed sum) on freehold land in the local government districts of Bunbury, Capel, Dardanup and Donnybrook-Balingup (in the localities of Argyle, Beelerup, Brazier, Brookhampton, Charley Creek, Cundinup, Donnybrook, Glen Mervyn, Kirup, Lowden, Mumballup, Newlands, Noggerup, Paynedale, Queenwood, Thomson Brook, Upper Capel and Yabberup), described as urban farming on the non-rural valuation roll and freehold land on the rural valuation roll maintained under the Valuation of Land Act 1978 as follows – Hectare ranges Flat rate (fixed sum) $ 1—10 51.90 10 66.10

21 June 2024 GOVERNMENT GAZETTE, WA 1493 (n) a flat rate (fixed sum) on freehold land in the local government districts of Kondinin, Kulin, Lake Grace, Merredin, Mount Marshall, Mukinbudin, Narembeen, Nungarin, Trayning, Westonia and Yilgarn, that is no less than 20 hectares in area as follows – Hectare ranges Flat rate (fixed sum) $ 20—1000 33

1,000—2,000 49.5 2,000—5,000 154 5,000—10,000 275 10,000—15,000 440.15 15,000 660.75 Dated 12th June 2024. Hon. JACKIE JARVIS, MLC, Minister for Agriculture and Food. Important Disclaimer The Chief Executive Officer of the Department of Primary Industries and Regional Development and the State of Western Australia accept no liability whatsoever by reason of negligence or otherwise arising from the use or release of this information or any part of it. Copyright © State of Western Australia (Department of Primary Industries and Regional Development), 2024. HEALTH HE401 HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 (WA) PERINATAL AND INFANT MORTALITY COMMITTEE (APPOINTMENT OF MEMBER) INSTRUMENT 2024 Made by the Minister under section 340AB of the Health (Miscellaneous Provisions) Act 1911.

1. Citation This instrument may be cited as the Perinatal and Infant Mortality Committee (Appointment of Member) Instrument 2024.
2. Appointment of Member Dr Scott William White is appointed as Member to the Perinatal and Infant Mortality Committee under section 340AB(3)(b) of the Health (Miscellaneous Provisions) Act 1911 for three years commencing on 1 July 2024 and expiring on 30 June 2027. Hon. AMBER-JADE SANDERSON, MLA, Minister for Health. JUSTICE JU401 PRISONS ACT 1981 PERMIT DETAILS Pursuant to Section 15U of the Prisons Act 1981, I hereby revoke the following permits— Surname Other Name(s) Permit No. Anderson Vaughan Geoffrey PA 0147 Dickinson Janet PA 0400 Flynn John Michael PA 0668 Gliddon Tyler James PA 0811 Hayden Hayley Katherine PA 0794 Jackson Tara Maree PA 0777 Muthu Geetha PA 0837 Thomson Rebekah PA 0512 Dated 14 June 2024. BRAD ROYCE APM, Commissioner Corrective Services.

1494 GOVERNMENT GAZETTE, WA 21 June 2024 LOCAL GOVERNMENT LG401 WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 LOCAL GOVERNMENT ACT 1995 City of Subiaco WASTE LOCAL LAW 2023 Under the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007, the Local Government Act 1995 and under all other enabling powers, the Council of the City of Subiaco resolved on 19 March 2024 to make the following local law. PART 1—PRELIMINARY 1.1 Short title This is the City of Subiaco Waste Local Law 2023. 1.2 Commencement This local law commences 14 days after the day on which it is published in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Repeal The City of Subiaco Waste Local Law 2022 published in the Government Gazette on 14 March 2023, is repealed. 1.5 Meaning of terms used in this local law (1) In this local law— authorised person means a person appointed by the local government under section 9.10 of the LG Act to perform any of the functions of an authorised person under this local law; collectable waste means local government waste that is not— (a) liquid refuse; (b) liquid waste; or (c) non-collectable waste; Collectable waste receptacle means a receptacle for the deposit and collection of collectable waste that is— (a) A recycling waste receptacle; (b) A general waste receptacle; or (c) An organic waste receptacle; collection, when used in relation to a receptacle, means the collection and removal of collectable waste from the receptacle by the local government or its contractor; collection day means the day determined by the local government for the collection of collectable waste in the district or a part of the district; collection time means the time on the collection day determined by the local government for the collection of collectable waste in the district or a part of the district; costs of the local government include administrative costs; Council means the council of the local government; district means the district of the local government; general waste receptacle means a receptacle for the deposit and collection of collectable waste that is not recycling waste; LG Act means the Local Government Act 1995; LG Regulations means the Local Government (Functions and General) Regulations 1996; local government means City of Subiaco; local government waste has the same meaning as in the WARR Act; non-collectable waste has the meaning set out in Schedule 1; occupier in relation to premises, means any or all of the following— (a) a person by whom or on whose behalf the premises are actually occupied; or (b) a person having the management or control of the premises; organic waste means waste that decomposes readily, such as garden waste or food waste; organic waste receptacle means a receptacle for the deposit and collection of organic waste; owner has the same meaning as in the LG Act; public place includes a place to which the public ordinarily have access, whether or not by payment of a fee;

21 June 2024 GOVERNMENT GAZETTE, WA 1495 receptacle, means a receptacle— (a) that has been supplied for the use of the premises by the local government or its contractor, or which has otherwise been approved by the local government; and (b) the waste from which is collected and removed from the premises by the local government or its contractor; recycling waste receptacle means a receptacle for the deposit and collection of recycling waste; recycling waste means— (a) paper and cardboard; (b) plastic containers comprised of polyethylene terephthalate or high density polyethylene; (c) glass containers; (d) steel containers; (e) aluminium containers; (f) liquid paper board; and (g) any other waste determined by the local government to be recycling waste; specified means specified by the local government or an authorised person, as the case may be; street alignment means the boundary between the land comprising a street and the land that abuts the street; WARR Act means the Waste Avoidance and Resource Recovery Act 2007; WARR Regulations means the Waste Avoidance and Resource Recovery Regulations 2008; waste has the same meaning as in the WARR Act; and waste service has the same meaning as in the WARR Act. (2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and occupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or occupiers. 1.6 Local public notice of determinations Where, under this local law, the local government has a power to determine a matter— (a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined; (b) the determination becomes effective only after local public notice has been given; (c) the determination remains in force for the period of one year after the date that local public notice has been given under subclause (a); (d) after the period referred to in subclause (c), the determination continues in force only if, and for so long as, it is the subject of local public notice, given annually, under section 1.7 of the LG Act; and (e) the determination must be recorded in a publicly accessible register of determinations that must be maintained by the local government. 1.7 Rates, fees and charges The local government’s powers to impose rates, fees and charges in relation to waste services are set out in sections 66 to 68 of the WARR Act and sections 6.16 and 6.17 of the LG Act. 1.8 Power to provide waste services The local government’s power to provide, or enter into a contract for the provision of, waste services is dealt with in section 50 of the WARR Act. PART 2—LOCAL GOVERNMENT WASTE 2.1 Supply of receptacles (1) The local government is to supply, for the use of each premises that are, or are capable of being, occupied or used for residential purposes, one or more receptacles for the collection and removal, from those premises, of collectable waste. (2) The owner of premises to which subclause (1) applies must— (a) ensure that the fee or charge (if any) imposed by the local government in relation to each receptacle is paid to the local government; and (b) ensure that each receptacle is used, in respect of those premises, in accordance with this local law. 2.2 Deposit of waste in receptacles (1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any non-collectable waste. (2) A person must not deposit waste in a receptacle that has been provided for the use of other premises without the consent of the owner or occupier of those premises.

1496 GOVERNMENT GAZETTE, WA 21 June 2024 2.3 General waste receptacles (1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste receptacle— (a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable waste; or (b) where the receptacle has any other capacity—more than the weight determined by the local government. (2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises must not deposit or permit to be deposited in a general waste receptacle any recycling waste. (3) Where the local government supplies organic waste receptacles, an owner or occupier of premises must not deposit or permit to be deposited in a general waste receptacle any organic waste. 2.4 Recycling waste receptacles An owner or occupier of premises must not deposit or permit to be deposited in a recycling waste receptacle— (a) anything other than the particular type of recycling waste for which that receptacle was provided by the local government for those premises; (b) where the receptacle has a capacity of 240 litres— more than 70 kilograms of recycling waste; or (c) where the receptacle has any other capacity—more than the weight determined by the local government. 2.5 Organic waste receptacles An owner or occupier of premises must not deposit or permit to be deposited in an organic waste receptacle— (a) anything other than the particular type of organic waste for which that receptacle was provided by the local government for those premises; (b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or (c) where the receptacle has any other capacity—more than the weight determined by the local government. 2.6 Direction to place or remove a receptacle (1) The local government or an authorised person may give a written direction to an owner or occupier of specified premises— (a) to place a receptacle in respect of those premises for collection; or (b) to remove a receptacle in respect of those premises after collection. (2) The direction under subclause (1) may specify when the placement or removal is to occur, or where the receptacle is to be placed, or both. (3) An owner or occupier of premises must comply with a direction given under this clause. 2.7 Duties of owner or occupier An owner or occupier of premises must— (a) except for a reasonable period before and after collection time, keep each receptacle in a storage space or area that is behind the street alignment; (b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the premises, or other area as determined by the local government, to ensure that, within a reasonable period before collection time, each receptacle is— (i) within 1 metre of the carriageway; (ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way or carriageway; and (iii) facing squarely to the edge of and opening towards the carriageway, or in such other position as is approved in writing by the local government or an authorised person; and (c) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as practicable, after the event. 2.8 Exemption (1) An owner or occupier of premises may apply in writing to the local government for an exemption from compliance with the requirements of clause 2.7(a) or (b). (2) The local government or an authorised person may grant, with or without conditions, or refuse an application for exemption from compliance under this clause. (3) An exemption granted under this clause must state— (a) the premises to which the exemption applies; (b) the period during which the exemption applies; and (c) any conditions imposed by the local government or the authorised person.

21 June 2024 GOVERNMENT GAZETTE, WA 1497 (4) An exemption granted under this clause ceases to apply— (a) if the local government decides, on reasonable grounds, that there has been a failure to comply with a condition of the exemption; and (b) from the date that the local government informs the owner or occupier of its decision under clause 2.8(4)(a). 2.9 Damaging or removing receptacles A person, other than the local government or its contractor, must not— (a) damage, destroy or interfere with a receptacle; or (b) except as permitted by this local law or as authorised by the local government or an authorised person, remove a receptacle from any premises to which it was delivered by the local government or its contractor. 2.10 Verge collections (1) Where the local government has advertised a verge waste collection (such as a green waste, or a bulk waste, verge collection) a person, unless with and in accordance with the approval of the local government or an authorised person— (a) must deposit waste only during the period of time, and in accordance with other terms and conditions, as advertised by the local government in relation to that verge waste collection; and (b) must otherwise comply with those terms and conditions. (2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove any of that waste for a commercial purpose but may remove it for any other purpose. (3) Except where waste is lawfully removed from a verge under this clause, a person must not disassemble or tamper with any waste deposited on a verge for a verge waste collection so as to increase the risk of harm to any person. (4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the local government in relation to the verge waste collection. PART 3—GENERAL DUTIES 3.1 Duties of an owner or occupier An owner or occupier of premises must— (a) take reasonable steps to ensure that a sufficient number of receptacles are provided to contain all waste which accumulates or may accumulate in or from the premises; (b) ensure that each receptacle is kept in good condition and repair; (c) take all reasonable steps to— (i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches, rodents and other vectors of disease; (ii) prevent the emission of offensive or noxious odours from each receptacle; and (iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining premises; and (d) whenever directed to do so by the local government or an authorised person, thoroughly clean, disinfect, deodorise and apply a residual insecticide to each receptacle. 3.2 Removal of waste from premises (1) A person must not remove any waste from premises unless that person is— (a) the owner or occupier of the premises; (b) authorised to do so by the owner or occupier of the premises; or (c) authorised in writing to do so by the local government or an authorised person. (2) A person must not remove any waste from a receptacle without the approval of— (a) the local government or an authorised person; or (b) the owner or occupier of the premises at which the receptacle is ordinarily kept. 3.3 Receptacles and containers for public use A person must not, without the approval of the local government or an authorised person— (a) deposit household, commercial or other waste from any premises on or into; or (b) remove any waste from, a receptacle provided for the use of the general public in a public place. PART 4—ENFORCEMENT 4.1 Objection and appeal rights Division 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary or cancel— (a) an approval under clause 2.7(b); (b) an exemption under clause 2.8(2); (c) an approval under clause 2.9(b); (d) an approval under clause 2.10(1);

1498 GOVERNMENT GAZETTE, WA 21 June 2024 (e) an authorisation under clause 3.2(1)(c); (f) an approval under clause 3.2(2); and (g) an approval under clause 3.3. 4.2 Offences and general penalty (1) A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law a person is prohibited from doing, commits an offence. (2) A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, toa further penalty not exceeding $500 in respect of each day or part of a day during which the offence has continued. 4.3 Other costs and expenses (1) A person who is convicted of an offence under this local law is to be liable, in addition to any penalty imposed under clause 5.2, to pay to the local government the costs and expenses incurred by the local government in taking remedial action such as— (a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or (2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to the local government, in a court of competent civil jurisdiction. 4.4 Prescribed offences (1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 9.16(1) of the LG Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 2. 4.5 Form of notices (1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations. (2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in Schedule 1 of the LG Regulations. (3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of Form 3 in Schedule 1 of the LG Regulations. ———— SCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE [Clause 1.5(1)] non-collectable waste means— (a) hot or burning material; (b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents, pesticides, oils, gas cylinders, batteries, chemicals and heavy metals; (c) any other hazardous material, such as radioactive waste; (d) any explosive material, such as flares or ammunition; (e) electrical and electronic equipment; (f) hospital, medical, veterinary, laboratory or pathological substances; (g) construction or demolition waste; (h) sewage; (i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste) Regulations 2004; (j) any object that is greater in length, width, or breadth than the corresponding dimension of the receptacle or that will not allow the lid of the receptacle to be tightly closed; (k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious odour, or to attract flies or cause fly breeding unless it is first wrapped in non- absorbent or impervious material or placed in a sealed impervious and leak-proof container; and (l) any other waste determined by the local government to be non-collectable waste. ———— SCHEDULE 2—PRESCRIBED OFFENCES Item No. Clause No. Description Modified Penalty 1 2.1(2)(a) Failing to pay fee or charge $350 2 2.1(2)(b) Failing to ensure lawful use of receptacle $350 3 2.2(1) Depositing non-collectable waste in a receptacle $350

21 June 2024 GOVERNMENT GAZETTE, WA 1499 Item No. Clause No. Description Modified Penalty 4 2.2(2) Depositing waste in another receptacle without consent $350 5 2.3(1) Exceeding weight capacity of a general waste receptacle $350 6 2.3(2) and (3) Depositing unauthorised waste in a general waste receptacle $350 7 2.4(a) Depositing unauthorised waste in a recycling waste receptacle $350 8 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle $250 9 2.5(a) Depositing unauthorized waste in an organic waste receptacle $350 10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle $350 11 2.6(3) Failing to comply with a direction concerning placement or removal of a receptacle $250 12 2.7(a) Failing to keep a receptacle in the required location $250 13 2.7(b) Failing to place a receptacle for collection in a lawful position $250 14 2.7(c) Failing to notify of a lost, stolen, damaged or defective receptacle $250 15 2.9(a) Damaging, destroying or interfering with a receptacle $400 16 2.9(b) Removing a receptacle from premises $400 17 2.10(1) Failing to comply with a term or condition of verge waste collection $400 18 2.10(2) Removing waste for commercial purposes $350 19 2.10(3) Disassembling or leaving in disarray waste deposited for collection $250 20 3.1(a) Failing to provide a sufficient number of receptacles $250 21 3.1(b) Failing to keep a receptacle clean and in a good condition and repair $250 22 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a receptacle $350 23 3.1(c)(ii) Failing to prevent the emission of offensive odours from a receptacle $350 24 3.1(c)(iii) Allowing a receptacle to cause a nuisance $350 25 3.1(d) Failing to comply with a direction to clean, disinfect or deodorise receptacle $300 26 3.2(1) Unauthorised removal of waste from premises $250 27 3.2(2) Removing waste from a receptacle without approval $250 Dated this 21st of May 2024. The Common Seal of the City of Subiaco was affixed by authority of a resolution of the Council in the presence of— DAVID McMULLEN, Mayor. COLIN CAMERON, Chief Executive Officer. Consented to— ALISTAIR JONES, Chief Executive Officer, Department of Water and Environmental Regulation. Dated this 12th of January 2024. ———————————

1500 GOVERNMENT GAZETTE, WA 21 June 2024 PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT City of Cockburn Town Planning Scheme No. 3 Amendment No. 171 File: TPS/3144 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 abovementioned amendment to the City of Cockburn Town Planning Scheme No. 3 on 04 June 2024 for the purpose of—

1. Rezoning various lots within ‘Development Area 13’ from ‘Development’ to ‘Residential (R20)’, ‘Residential (R25)’, ‘Residential (R30)’, ‘Residential (R40)’ and ‘Residential (R60)’ as depicted on the Scheme Amendment Map.
2. Reclassifying land within ‘Development Area 13’ from the ‘Development’ zone to a local reserve for ‘Parks and Recreation’, ‘Lakes and Drainage’ and/or ‘Local Road’ as depicted on the Scheme Amendment Map.
3. Rezoning Lot 601 (#23) Jubilee Avenue, Success from ‘Development’ and ‘Residential (R20)’ to ‘Residential (R40)’.
4. Reclassifying Lot 8005 Jubilee Avenue, Success from ‘Residential (R20)’ to a local reserve for ‘Parks and Recreation’.
5. Reclassifying the unconstructed southern extension of Seabrook Place, Success from ‘Local Road’ to a local reserve for ‘Parks and Recreation’.
6. Reclassifying Reserve 42979 Seabrook Place, Success from ‘Lakes and Drainage’ to a local reserve for ‘Parks and Recreation’.
7. Reducing the extent of the ‘Development Area 13’ special control area boundary, as depicted on the Scheme Amendment Map. L. HOWLETT, Mayor. D. SIMMS, Chief Executive Officer. ——————————— PL402 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT City of Canning Local Planning Scheme No. 42 Amendment No. 9 File: TPS/3013 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 abovementioned amendment to the City of Canning Local Planning Scheme No. 42 on 04 June 2024 for the purpose of—
8. Inserting the land use ‘Independent living complex’ into Table 3—Zoning Table in appropriate alphabetical order with the following land use permissibility— Use Classes
9. Centre
10. Commercial
11. District Centre
12. General Industry
13. Light Industry
14. Local Centre
15. Mixed Use
16. Private Community Purposes
17. Residential
18. Rural
19. Rural Residential
20. Service Commercial
21. Urban Development Independent Living Complex D X X X X X P D P X X X D
22. Changing the land use permissibility of the land use ‘Consulting Rooms’ in Table 3—Zoning Table in accordance with the following—

21 June 2024 GOVERNMENT GAZETTE, WA 1501 Use Classes

1. Centre
2. Commercial
3. District Centre
4. General Industry
5. Light Industry
6. Local Centre
7. Mixed Use 8.Private Community Purposes
8. Residential
9. Rural
10. Rural Residential
11. Service Commercial
12. Urban Development Consulting Rooms D P P X X P P D A A A D D
13. Changing the land use permissibility of the land use ‘Educational Establishment’ in the ‘General Industry’ zone from ‘X’ to ‘A’ and applying a “1” notation for the land use ‘Educational Establishment’ within the General Industry and Light Industry zones in Table 3—Zoning Table in accordance with the following – Use Classes
14. Centre
15. Commercial
16. District Centre
17. General Industry
18. Light Industry
19. Local Centre
20. Mixed Use
21. Private Community Purposes
22. Residential
23. Rural
24. Rural Residential
25. Service Commercial
26. Urban Development Educational Establishment D D D A1 A1 D D P A X X D D
27. Inserting a note under Table 3—Zoning Table and before Clause 3.3 Interpretating Zoning Table as follows— “ 1 Any Educational Establishment use within the General Industry and/or Light Industry zone shall be for training purposes only and associated with relevant zone objectives.”
28. Inserting the land use ‘Independent living complex’ into Table 4—Land Use Parking Requirements in appropriate alphabetical order with the following parking requirements – Land Use Car Parking Bicycle Parking (Minimum)Centre Zone Other Zones (Minimum) Independent Living Complex 1 space per unit. 1 space per unit. 0.5 spaces per 100m2 NLA (0.4 space for visitors + 0.1 space for employees).
29. Inserting the land use ‘Independent living complex’ into Clause 6.2—Land Use Terms Used in appropriate alphabetical order with the following definition— Independent living complex means a development with self-contained, independent dwellings for aged or dependent persons together with communal amenities and facilities for residents and staff that are incidental and ancillary to the provision of such accommodation, but does not include a development which includes these features as a component of a residential aged care facility;
30. Amending Schedule A—Supplementary Provisions to the Deemed Provisions by; replacing the wording Clause 13A with ‘Clause 13B’, and deleting Clause 61(1)(k) in its entirety and replacing with the following— Clause 61(1) Column 1 Works Column 2 Conditions 22 Removal of the tree. (a) The tree is identified on the significant tree register; or (b) The tree is required to be retained as a condition of development approval.

1502 GOVERNMENT GAZETTE, WA 21 June 2024 8. Amending the Local Planning Scheme No. 42 Map by reserving a portion of Hamilton Street near the intersection with Welshpool Road from ‘No Zone’ to ‘District Distributor Road’ as shown on the Scheme Amendment No. 9 Map. 9. Amending the Local Planning Scheme No. 42 Map by reserving a portion of Hamilton Street near the intersection with Manning Road from ‘No Zone’ to ‘District Distributor Road’ as shown on the Scheme Amendment No. 9 Map. 10. Amending the boundary of Special Control Area 3 at the intersection of Hamilton Street and Manning Road as shown on the Scheme Amendment No. 9 Map. 11. Amending the Local Planning Scheme No. 42 Map by reserving a portion of Fleming Avenue near the intersection with Manning Road from ‘No Zone’ to ‘Local Distributor Road’ as shown on the Scheme Amendment No. 9 Map. 12. Amending the Local Planning Scheme No. 42 Map by reserving a portion of Station Street near the intersection with Sevenoaks Street from ‘No Zone’ to ‘Local Distributor Road’ as shown on the Scheme Amendment No. 9 Map. 13. Amending the Local Planning Scheme No. 42 Map by reclassifying 25 Wyong Road (Lot 1661), Bentley from ‘Drainage/Waterway’ to ‘Public Open Space’ as shown on the Scheme Amendment No. 9 Map. 14. Amending the Local Planning Scheme No. 42 Map by reclassifying the cul-de-sac at the end of Shoveler Close from ‘Residential’ with a R-Code of R20 to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 15. Amending the Local Planning Scheme No. 42 Map by reclassifying 178 Crawford Street (Lot 69), East Cannington and 180 Crawford Street (Lot 9000), East Cannington from ‘Residential’ with a R-Code of R20 to ‘Environmental Conservation’ as shown on the Scheme Amendment No. 9 Map. 16. Amending the Local Planning Scheme No. 42 Map by reclassifying 147-151 Gerard Street (Lot 587), East Cannington from ‘Residential’ with a R-Code of R20 to ‘Environmental Conservation’ as shown on the Scheme Amendment No. 9 Map. 17. Amending the Local Planning Scheme No. 42 Map by reclassifying a. 90 Gibbs Street (Lot 40), East Cannington; b. 92 Gibbs Street (Lot 100), East Cannington; c. 71 Thomas Street (Lot 63), East Cannington; and d. 73 Thomas Street (Lot 62), East Cannington. from ‘Residential’ with a R-Code of R30 to ‘Public Open Space’ as shown on the Scheme Amendment No. 9 Map. 18. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Crawford Street (truncation) at the intersection with Elizabeth Street from ‘Residential’ with a R-Code of R20 to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 19. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Crawford Street (truncation) at the intersection with Campbell Street from ‘Residential’ with a R-Code of R20 to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 20. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Cornell Place from ‘Residential’ with a R-Code of R20 to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 21. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Fitzroy Street (truncation) at the intersection with Centre Street from ‘Centre’ to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 22. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Prince Street (truncation) at the intersection with Centre Street from ‘Centre’ to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 23. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Clarke Street (truncation) at the intersection with Davies Street from ‘Residential’ with a R-Code of R40 to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 24 Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Renou Street (truncation) at the intersection with Gibbs Street from ‘Residential’ with a R-Code of R60 to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 25. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Lot 101 Gibbs Street (ROW truncation) at the intersection with Gibbs Street from ‘Residential’ with a R- Code of R60 to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 26. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Grey Street (truncation) at the intersection with Station Street from ‘Residential’ with a R-Code of R60 to ‘Local Distributor Road’ as shown on the Scheme Amendment No. 9 Map. 27. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Gedling Close near the intersection with Vellgrove Avenue from ‘Local Distributor Road’ to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 28. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Alliance Loop near the intersection with Woodthorpe Drive from ‘Urban Development’ to ‘Infrastructure Services’ as shown on the Scheme Amendment No. 9 Map.

21 June 2024 GOVERNMENT GAZETTE, WA 1503 29. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Treemartin Place from ‘Residential’ with a R-Code of R20 to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 30. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Witheridge Way from ‘Residential’ with a R-Code of R20 to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 31. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Henry Street (truncation) at the intersection with Crawford Street from ‘Residential’ with a R-Code of R40 to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 32. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Fitzroy Street (truncation) at the intersection with Railway Parade from ‘Centre’ to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 33. Amending the Local Planning Scheme No. 42 Map by reclassifying a portion of Fletcher Street (truncation) at the intersection with Leila Street from ‘Centre’ to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 34. Amending the Local Planning Scheme No. 42 Map by reclassifying Lot 301 Pattie Street (Right of Way), Cannington from ‘Centre’ to ‘Local Road’ as shown on the Scheme Amendment No. 9 Map. 35. Amending the Local Planning Scheme No. 42 Map by zoning a small lot situated between 69 Sevenoaks Street (Lot 301), Bentley and Sevenoaks Street (Land Key: 4358271) to ‘General Industry’ and ‘Residential’ with a density code of R30 as shown on the Scheme Amendment No. 9 Map. P. HALL, Mayor. M. LITTLETON, Chief Executive Officer. ——————————— PL403 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT City of Bunbury Local Planning Scheme No. 8 Amendment No. 10 File: TPS/3006 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 abovementioned amendment to the City of Bunbury Local Planning Scheme No. 8 on 4 June 2024 for the purpose of— Scheme Text Amendment 1— Part 3, cl 17 Zoning Table—Table 3 Modifying Table 3—’Zoning Table’ by revising the land use classification permissibility within designated zones of entries listed such that they appear within the Table as follows— Table 3—Zoning Table Use and Development Class Zones Regional Centre Zone District Centre Neighbourhood Centre Zone Local Centre Zone Mixed Use— Commercial Zone Mixed Use— Residential Zone Tourism Zone Liquor Store Large A D A D A X X X X Liquor Store Small A D A D A A A X A Lunch Bar P P P P X A X A X A Small Bar ² A D A D A X A X A Scheme Text Amendment 2— Part 3, cl 18 Interpreting Zoning Table Modifying text at cl.18 (2) to read as follows— A means that the use is not permitted unless the local government has exercised its discretion by granting development approval after advertising the application in accordance with clause 64 of the deemed provisions; Note 1: Delete last sentence—For development on land that does not require development approval see clause 61 of the deemed provisions.

1504 GOVERNMENT GAZETTE, WA 21 June 2024 Note 2: Delete and replace with— Under Clause 61 of the deemed provisions, certain works and uses are exempt from the requirement for development approval. Add Note 3: In considering an application for development approval, the local government will have regard to clause 67 of the deemed provisions. Clause 67 of the deemed provisions deals with the consideration of applications for development approval by the local government. Under that clause, development approval cannot be granted for development that is a class X use in relation to the zone in which the development is located, except in certain circumstances where land is being used for a non-conforming use or is specified as an ‘Additional Use’ at Schedule 1. Delete number 6. Renumber 7 to 6 and change: a and b to— (a) a structure plan; or (b) a local development plan. Schedule 1, Table 4—Additional Uses Table Scheme Text Amendment 3— Amending Schedule 1—Table 4—Additional Uses Table by inserting a new entry at A.U.15 to read as follows – No. Description of Land Additional Use Conditions A.U.15 South Bunbury— Lot 3 (No. 302) Blair Street; and Lot 4 (No. 302) Blair Street. The following land use classes use are listed as discretionary ‘A’ uses— • Service Station • Motor Vehicle Wash

1. Dependant on the discretionary approval of local government the use(s) shall be subject to limited times of operation.
2. Development approval shall be supported by a— (a) Delivery Management Plan (DMP) (b) Landscaping Plan each submitted, approved and implemented to the specification and satisfaction of the City of Bunbury
3. The subject land parcels must be amalgamated/consolidated into the one certificate of title at the full cost of the landowner and to the satisfaction of the City of Bunbury. Schedule 2, Table 5—Restricted Uses Table Scheme Text Amendment 3— Amending Schedule 2—Table 5 ‘Restricted Uses Table’ by— Delete entries at R.U.1, R.U.3, R.U.9, R.U.13 and R.U.15. Modify R.U.2—Condition No. 2 to read—
4. All development (excluding external and alfresco areas) is to be set back a minimum distance of 10m from the seawall crest to the building line, to the specifications and satisfaction of the local government. Modify R.U.4—Condition No. 1 to read—
5. Where development standards are not prescribed below or in an adopted structure plan, the general development standards of the Scheme shall prevail. Delete Condition No. 2 and renumber the other conditions. Modify R.U.6—Condition No. 1 and 2 replace with—
6. Development shall be consistent with a local development plan (precinct design) prepared for the entire site in accordance State Planning Policy 7.2 Precinct Design and approved in accordance with Part 6 of the Deemed Provisions.
7. The local development plan is to specifically incorporate and/or adhere to the following requirements of the local government.— Modify Condition No, 2 (c), (d), (f)— (c) A noise mitigation study is to be prepared (by a suitably qualified acoustic engineer) in accordance with State Planning Policy 5.4—Road and Rail Noise and address potential noise impacts from the— (i) Forrest Highway and Old Coast Road (ii) Port Access Road and Rail Corridor; and (iii) Proposed Port of Bunbury expansion to the satisfaction of the local government, Main Roads Western Australia and the Southern Ports Authority. Any mitigation measures as an outcome of the Noise Mitigation Study are to be implemented concurrently with any development application.

21 June 2024 GOVERNMENT GAZETTE, WA 1505 (d) A ‘Bushfire Management Plan’ is to be prepared to the satisfaction of the local government and the Department of Fire and Emergency Services of Western Australia. Any mitigating measures deemed necessary as an outcome of the assessment are to be implemented concurrently with any development application. (f) Areas (and facilities) set aside as communal open space are to be shown on the local development plan. Condition No.3—Local Development Plan should be in lower case. Add a new Condition No. 4 to read— 4. The local government may choose to waive the requirement for a local development plan where it is satisfied that— (a) proposed development does not conflict with the principles of orderly and proper planning, and (b) proposed development would not prejudice the overall development potential of the area. Renumber all the other conditions. Condition No.5(c) and (d)—Local Development Plan should be in lower case. Modify Condition No. 8 to read— 8. ‘Shop’ use is restricted to a maximum (in total) of 300m²nla. Condition 9 change the Department of Indigenous Affairs to Department of Lands and Heritage. R.U.8 modify 1.1 to read— 1.1 Development shall be consistent with a local development plan (precinct design) prepared in accordance with State Planning Policy 7.2 Precinct Design and approved in accordance with Part 6 of the Deemed Provisions. Delete 1.2 to 1.5 and renumber 1.6 to 1.2 to read— 1.2 The local government may require the preparation and submission of a Stormwater Management Plan to accompany any local development plan. Delete 1.7 and renumber to 1.3 to read— 1.3 A transport impact assessment may be required to be submitted for consideration and approval by the local government prior to the endorsement of any local development plan and/or the granting of development approval. Renumber 1.8 to 1.4 and delete the words and the Western Australian Planning Commission. Add a new 1.5 to read— 1.5 The local government may choose to waive the requirement for a local development plan where it is satisfied that— (a) proposed development does not conflict with the principles of orderly and proper planning, and (b) proposed development would not prejudice the overall development potential of the area. 2. Land Use Requirements and Unrestricted length of Stay Delete 2.1, 2.2, 2.4 and renumber 2.3 to 2.1 and continue renumbering the rest of the conditions. 3. Development Standards Delete 3.1, 3.3 and renumber 3.2 to read— 3.1 Where development standards are not prescribed in an approved local development plan the Scheme provisions shall prevail. R.U.10 delete conditions 1 to 6. Renumber 7 to 1 and add The to the being of the sentence and change Sum to lower case. R.U.14 change the sentence in the restricted area to read— The following land use classes are listed as ‘P’ uses— Delete conditions 1 to 14. ADD Note: Refer ti Schedule 3—Additional Site and Development Conditions Scheme Text Amendment 4— Amending Schedule 3—Table 6—Additional Site and Development Requirements Table No. 3 delete requirements 1 to 3 and 7. Renumber the rest. Add a new requirements number 7 to read— 7. Subject to zoning and the local government having exercised its discretion by granting development approval, all single houses and grouped dwellings developed in accordance with the R Codes and specific requirements of Building Class 1a, 2 or 3 of the Building Code of Australia may be occupied permanently as a dwelling or temporarily for short term accommodation purposes. No. 6 delete requirements 1 and 2.

1506 GOVERNMENT GAZETTE, WA 21 June 2024 Requirements no 3 ( Development Standards) renumber and read as follows—

1. Development is to be consistent with an adopted— (a) Local Development Plan (b) Infrastructure Implementation Plan (c) Landscaping Plan
2. Where development standards are not prescribed within the adopted plans the standards of the Scheme shall prevail. Delete requirements 3.2 to 3.6. Delete requirements 4 and 5. Add No 9. As follows –
3. Bunbury (Marlston North Precinct)— Lot 505 Jetty Road
4. Local Development Plan— 1.1 Development shall be consistent with a local development plan (precinct design) prepared in accordance with State Planning Policy 7.2 Precinct Design and approved in accordance with Part 6 of the Deemed Provisions. 1.2 The local development plan is to incorporate sea defence measures and shall satisfactorily address infrastructure requirements, factoring in the impact of coastal processes and future sea level rise. 1.3 The local development plan is to be accompanied by a landscape plan that satisfactorily addresses treatment and planting upon the site and within public reserves adjacent to the subject land. 1.4 The local government may choose to waive the requirement for a local development plan where it is satisfied that— (a) proposed development does not conflict with the principles of orderly and proper planning, and (b) proposed development would not prejudice the overall development potential of the area.
5. Development Requirements— 2.1 Serviced apartment uses are to be developed in the form of multiple dwellings in accordance with the R-Codes and the specific requirements of Building Class 3 of the Building Codes of Australia and must be able to be occupied either permanently as a dwelling or temporarily for short term accommodation purposes, except for ground floors. 2.2 Drive through facilities are not permitted. 2.3 All development is to be set back a minimum distance of 20m from the south-western property boundary adjoining Lot 506 Jetty Road. 2.4 Buildings are to provide for an activated ground floor frontage to the Koombana Bay foreshore and to Jetty Road. 2.5 ‘Shop’ use per lot (including a strata or survey strata lot) is limited to a maximum floorspace area of 300m² net lettable area.
6. The subdivider shall be responsible for the implementation of— (a) drainage and stormwater management in accordance with a local water management plan (b) public vehicle parking within the road reserve(s) (c) pedestrian and bicycle pathways (and public bike racks) (d) works to address storm surge and sea level rise (e) foreshore improvements (f) public open space development (g) infrastructure remediation works (roads and pathways) within the local development plan area (h) associated infrastructure connections adjacent to the subject land, to the satisfaction of the local government and relevant State agencies prior to the creation of titles. Note: Lot 505 Jetty Road extends beyond the current Koombana Bay shoreline and comprises portions of both land and sea.

21 June 2024 GOVERNMENT GAZETTE, WA 1507 Scheme Map Amendment No. 1: Lot 505 Jetty Road, Bunbury (Marlston North Precinct) Modifying the Scheme Map by removing designations and references to R1. Scheme Map Amendment No. 2: Lot 366 Marlston Drvie, Bunbury (Lighthouse Beach Resort) Modifying the Scheme map by removing designations and references to R3, and by overlaying a residential density code of R100. Scheme Map Amendment No. 3: Lot 90 (#45) Forrest Avenue, South Bunbury (Bunbury Apartment Motel) Modifying the Scheme map by removing designations and references to R9, and by overlaying a residential density code of R40/60. Scheme Map Amendment No. 4: Lot 20 (#2) Lyons Cove, Bunbury Modifying the Scheme map by removing designations and references to R13. Scheme Map Amendment No. 5: Lot 3 and Lot 4 (#302) Blair Street, South Bunbury Modifying the Scheme map by removing the Restricted Use reference ‘R15’ and replacing this with Additional Use reference ‘A15’ and by replacing the split density code ‘R20/30’ with a density code of ‘R40’. J. DE SAN MIGUEL, Mayor. A. FERRIS, Chief Executive Officer. PREMIER AND CABINET PR401 INTERPRETATION ACT 1984 MINISTERIAL ACTING ARRANGEMENTS It is hereby notified for public information that the Governor, in accordance with section 12(c) of the Interpretation Act 1984, has approved the following temporary appointment. Hon R. R. Whitby MLA to act temporarily in the office of Minister for Education; Aboriginal Affairs; Citizenship and Multicultural Interests in the absence of the Hon Dr A. D. Buti MLA for the period 23 July to 2 August 2024 (both dates inclusive). This notice supersedes acting arrangements relating to the above office that were published in Government Gazette No. 38 of 12 April 2024. E. ROPER, Director General, Department of the Premier and Cabinet. WORKCOVER WC401 WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 WORKERS COMPENSATION LEGAL PROFESSION AND AUTHORISED AGENTS COSTS DETERMINATION 2024 Made by the WorkCover WA Costs Committee under section 405 of the Workers Compensation and Injury Management Act 2023. 1 Citation (1) This determination may be cited as the Workers Compensation Legal Profession and Authorised Agents Costs Determination 2024 (“Costs Determination”). 2 Commencement (1) This Costs Determination comes into operation on 1 July 2024. 3 Application (1) This Costs Determination applies to the remuneration of legal practitioners and authorised agents in respect of work carried out for the purposes of proceedings before a WorkCover WA dispute resolution authority. (2) This Costs Determination does not apply to the remuneration of legal practitioners or authorised agents in respect of business carried out before the commencement of this Costs Determination. (3) This Costs Determination is to be read and applied in its entirety. The scale of costs applicable under this Costs Determination is to be interpreted in accordance with the notes set out in this Schedule.

1508 GOVERNMENT GAZETTE, WA 21 June 2024 4 Review (1) This costs scale enables the hourly rates used to calculate costs to be adjusted consequent to any changes in the hourly rates available under the Magistrates’ Court costs scale, based on a legal costs determination established under the Legal Profession Uniform Law Application Act 2022 section 133. (2) The Costs Committee may amend or revoke this Costs Determination by a subsequently approved costs determination, pursuant to section 407(5) of the Act. 5 Terms used (1) Unless otherwise stated, all terms used in this Costs Determination have the same meaning given in the— (a) Workers Compensation and Injury Management Act 2023; (b) Workers Compensation and Injury Management Regulations 2024; (c) Workers Compensation and Injury Management Conciliation Rules 2024 (Conciliation Rules); and (d) Workers Compensation and Injury Management Arbitration Rules 2024 (Arbitration Rules). (2) For ease of reference, the terms are reproduced hereunder. In this Costs Determination— “ agent service” has the same meaning as is defined in section 303 of the Act “ application” means an application for a decision of a dispute resolution authority. “ approved form” means a form approved under the Conciliation Rules or a form approved under the Arbitration Rules. “ Arbitration Service” means the Workers Compensation Arbitration Service established under section 307 of the Act. “ Arbitration Rules” means the rules made under section 382 of the Act. “ arbitrator” means an officer of WorkCover WA approved under section 309 of the Act as an arbitrator. “ assessing officer” means the Director, a conciliator, the Registrar, or an arbitrator. “ assessment of costs” means an application for assessment of costs under the Conciliation Rules or under the Arbitration Rules. “ authorised agent” means a person defined under section 303 of the Act as authorised to provide agent services. “ conciliator” means an officer of WorkCover WA designated under section 309 of the Act as a conciliator. “ Conciliation Service” means the Workers’ Compensation Conciliation Service established under section 307 of the Act. “ Conciliation Rules” means the rules made under section 381 of the Act. “ costs” means— (a) costs of a party (including fees, charges and disbursements); (b) costs of a proceeding; and (c) other costs, if any, prescribed by the regulations “ costs determination” means a determination approved and published under section 407 of the Act. “ Director” means the officer of WorkCover WA designated under section 308 of the Act as the Director, Conciliation. “ dispute resolution authority” means the Director, the Registrar, a conciliator, or an arbitrator. “ give” has the same meaning as is defined in section 497(1) of the Act. “ legal practitioner” means an Australian legal practitioner within the meaning of that term as defined in the Legal Profession Uniform Law Application Act 2022. “ legal service” means any service performed by a person— (a) in the person’s capacity as a legal practitioner; and (b) in or for the purposes of a proceeding before a dispute resolution authority. “ Magistrates Court costs scale” means the Legal Profession (Magistrates Court) (Civil) Determination 2024 made by the Legal Costs Committee under Division 1 of Part 6 of the Legal Profession Uniform Law Application Act 2022, or any subsequent determination made in substitution for that determination. “ proceeding” means a proceeding before a dispute resolution authority. “ Registrar” means the officer of WorkCover WA designated under section 308 of the Act as the Registrar, Arbitration. 6 No minimum charge (1) In no respect is this Costs Determination to be seen as providing a minimum number of hours for any work done. For example, item 2 provides for up to 3 hours for the work involved. The number of 3 hours is a maximum, but actual hours may need to be substantiated.

21 June 2024 GOVERNMENT GAZETTE, WA 1509 7 Maximum costs (1) In accordance with section 408 of the Act, legal practitioners and authorised agents are not entitled to be paid or recover an amount that exceeds the maximum costs for the service by this Costs Determination. (2) The costs payable to a legal practitioner or authorised agent at each milestone described in the Table to clause 9 must not exceed the maximum amount corresponding to that event. (3) Further to this, in accordance with section 409 of the Act, an agreement is not to be made for a legal practitioner or registered agent to receive any greater reward than is provided for in this Costs Determination. Any agreement made contrary to section 409 of the Act is void. (4) Subject to clause 8, authorised agents are entitled to be paid or recover 50 per cent of the amount provided for Senior Practitioners in the Table to clause 8. (5) Authorised agents are entitled to recover 100 per cent of disbursements, in accordance with item 10 under “Stand Alone Items” of the Table to clause 9. 8 Hourly rates (1) This clause is to be read in conjunction with clauses 4(1) and 5(2). (2) The hourly rates set out in the Table to this clause are the maximum hourly rates, inclusive of GST, that shall be used to calculate the fixed amounts for each corresponding item in the costs scale set out in the Table to clause 9. (3) The maximum hourly rates which a legal practitioner or authorised agents may charge are not to exceed the amounts set out in the Table to Clause 8. Table to clause 8 Fee Earner Maximum Allowable Hourly Rate Senior Practitioner (permitted to practise on his or her own account for 5 years or more)* The hourly rate applicable to Senior Practitioners under the Magistrates Court costs scale Junior Practitioner (permitted to practise on his or her own account for less than 5 years)* The hourly rate applicable to Junior Practitioners under the Magistrates Court costs scale Restricted Practitioner* The hourly rate applicable to Restricted Practitioners under the Magistrates Court costs scale Authorised Agent 50 per cent of the hourly rate applicable to Senior Practitioners under the Magistrates Court costs scale *Where a local legal practitioner has held an interstate practice certificate, the length of admission in that other jurisdiction is to be counted in assessing that practitioner’s years of admission for the purposes of this Costs Determination. 9 Scale of costs (2) The maximum hours for which a legal practitioner or authorised agent may charge a client in relation to a Conciliation Service, an Arbitration Service and Stand-Alone Items are not to exceed the amounts set out in the Table to this clause. Table to clause 9 WORKERS COMPENSATION SCALE OF COSTS 2024 Item Description Maximum Allowable Hours 1 Obtaining instructions from client and attempts to resolve the substantive issues in dispute prior to involvement in a proceeding— may be claimed once only regardless of the point at which the practitioner or agent becomes involved 4 Conciliation Service 2 Preparation of and lodging an application to the Conciliation Service, or preparation of and lodging a reply to an application to the Conciliation Service, including relevant supporting documentation in accordance with the Conciliation Rules +3 3 Where the dispute is resolved after the lodging of an application and prior to a conciliation conference, including all necessary preparation and documentation in approved form in accordance with the Conciliation Rules +3 4 Where the dispute is resolved at or after a conciliation conference, including all necessary preparation and documentation in approved form in accordance with the Conciliation Rules Add for each additional conference +5 +3

1510 GOVERNMENT GAZETTE, WA 21 June 2024 Item Description Maximum Allowable Hours Arbitration Service 5 Preparation of and lodging an application or reply to the Arbitration Service including all necessary documentation in approved form in accordance with the Arbitration Rules Add for each application to extend time to lodge an application for Arbitration 8 +1 6 Where the dispute is resolved after the lodging of an application to the Arbitration Service and prior to the arbitration hearing, including all necessary preparation and documentation in the approved form and attendance at a directions hearing in accordance with the Arbitration Rules Add for each additional directions hearing Add for each interlocutory application Add for the first pre-arbitration conference Add for each subsequent pre-arbitration conference +30 +1 +3 +4 +2 7 Attendance at an arbitration hearing, including any incidental preparation on the day of the hearing in accordance with the Arbitration Rules Add for each additional hearing day +10 +7 Stand Alone Items—Applicable to conciliation or arbitration service as appropriate 8 Settlement of the claim by agreement under Part 12 Division 12 and applying for registration of a settlement agreement under section 152 (excluding disbursements which are to be paid in accordance with item 10) Excludes agreements made for settlement of common law damages# 10 9 Allowances for witnesses. The amount of any costs to be paid in respect of work done by a practitioner in conducting any proceedings in a dispute may include a reasonable allowance for— (a) witnesses called because of their professional, scientific or other special skill or knowledge; and (b) witnesses called other than those covered in paragraph (a) In fixing an allowance for witnesses under paragraph (b) the assessing officer may have regard to the amount of salary, wages or income (if any) actually lost by the witness, and any expenses in respect of meals, lodging and travel reasonably and necessarily incurred by the witness in attending the proceedings and justify by voucher 10 Disbursements (not to include counsel fee and must be justified by voucher) Such amount that is necessarily and reasonably incurred under the circumstances

the Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2022 item

39 provides for work performed in relation to lodgement of a common law deed under s.433(3). 10 Methodology—Conciliation Service and Arbitration Service (1) References to “items” under this clause are in reference to those items under “Conciliation Service” and “Arbitration Service” of the scale of costs. (2) Items 1 and 2 of the scale are consecutive, cumulative milestones, subject to clause 10(3) and 10(4). For example, to seek payment or to recover for legal services or agent services provided under item 4, the legal practitioner or authorised agent must first conclude the milestones, and thereby provide the legal services or agent services, described in items 1 and 2 inclusive of the scale. Items 3 and 4 are not claimable cumulatively and a claim under only one item or the other may be made. (3) Where the legal practitioner or authorised agent did not provide services during the Conciliation Service stage of the process, the legal practitioner or authorised agent cannot claim under items 2 to 4. (4) Where a legal practitioner or authorised agent provides services in relation to Part 2 Division 10 of the Act, the legal practitioner or authorised agent cannot claim under items 2 to 4. (5) Where a dispute is not resolved in the Conciliation Service and an application is made to the Arbitration Service, and the legal practitioner or authorised agent provided services during the Conciliation Service proceedings, the items 4 to 7 of the scale are consecutive, cumulative milestones to items 1 and 2. For example where legal or agent services were provided through the Conciliation Service and into the Arbitration Service, to seek payment or to recover for legal or agent services provided under item 7, the legal practitioner or authorised agent must first conclude the milestones, and have provided the services described in items 1, 2, 4 and 5 to 7.

21 June 2024 GOVERNMENT GAZETTE, WA 1511 (6) This Determination applies to milestones attained and completed in the Conciliation Service and Arbitration Service. The Costs Determination in force at the time the relevant services were rendered will apply to transitional matters and milestones attained and completed when this Costs Determination comes into operation. (7) This clause should be read in conjunction with clause 11. 11 Stand-Alone items (1) References to “items” under this clause are in reference to those items under “Stand Alone Items” of the costs scale. (2) The legal services described in items 8 to 10 may occur at any stage in the process and are additional to the milestone events (regardless of which event or events have been achieved) and are to be read as being in addition to the overall total remuneration. (3) Item 9—Allowances for witnesses— (a) Where a witness is summonsed under section 343 of the Act, in accordance with the Arbitration Rules, the summons must be given to the person whose attendance is required 7 days before the day on which the person is required to attend before an arbitrator. (b) If the summons is not given to the person in accordance with the Arbitration Rules and any witness allowance for the expenses of attendance is not paid or tendered to the person at the time of giving the summons, or not later than a reasonable time before the time at which the person is required to attend, then the person to whom the summons is directed is not required to comply with the summons. (c) In accordance with the Arbitration Rules, except with the leave of the arbitrator, medical evidence must be given in writing and a medical practitioner may not be called to give oral evidence. (4) Item 10—Disbursements— (a) Reference to voucher in item 10 refers to copies of any vouchers, accounts and receipts relevant to the disbursements claimed. (b) Disbursements must be necessarily and reasonably incurred under the circumstances. (c) Medical reports—except with the leave of an arbitrator, parties may only use as evidence the medical reports of one doctor in each medical speciality, with a limitation of three areas of medical speciality overall. A report that contains observations from more than one area of medical speciality is to be taken to be one report from each of the specialities utilised within the report. Refer to the Arbitration Rules for more information. 12 Allowance for non-attendance (1) An allowance can be made for attendance by a legal practitioner or authorised agent in circumstances where, through no fault of the legal practitioner or authorised agent, their client failed to attend a conciliation conference, arbitration hearing or other proceeding before a dispute resolution authority. 13 Limitations with regard to exceeding the scale of costs (1) The limitation in the Act with regard to legal practitioners and authorised agents not exceeding the scale is only intended to apply to work done within this jurisdiction. (2) This costs scale does not apply to proceedings before the District Court or Supreme Court. Legal practitioners are entitled to recover an amount determined in accordance with the scale of costs applicable to those courts. (3) Advice and services provided by a legal practitioner in relation to Part 7, common law proceedings in addition to or independent of this Act are not covered by this Costs Determination (see section 408 of the Act). (4) Regard should be had to section 428 of the Act when providing advice or representation to a client in relation to an action for damages independent of this Act. (5) A legal practitioner cannot make any agreement, for appearing or acting on behalf of a person, where they will receive greater reward than is provided for by any legal costs determination (as defined in the Legal Profession Uniform Law Application Act 2022). In any case, agreements made contrary to section 428 of the Act are void. 13 Interpretation of item descriptions (1) In interpreting item descriptors as set out in the Table to clause 8, regard should be had for the procedural requirements set out in the— (a) Workers Compensation and Injury Management Act 2023; (b) Workers Compensation and Injury Management Regulations 2024; (c) Workers Compensation and Injury Management Conciliation Rules 2024; and (d) Workers Compensation and Injury Management Arbitration Rules 2024. Made by the WorkCover WA Costs Committee on 10 June 2024.

1512 GOVERNMENT GAZETTE, WA 21 June 2024 PUBLIC NOTICES ZZ401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Carolyn Patricia Ahearn, late of 16 Prescott Drive, Murdoch, Western Australia, deceased. Creditors and other persons having claims to which Section 63 of the Trustees Act 1962 relates in respect of the deceased who died on 9 February 2024 are required by the Administrators, Susan Gail Ahearn and Steven James Ahearn c/- Sunstone Legal, PO Box 1157, Bibra Lake DC WA 6965, within one (1) month of the date of publication hereof after which date the Administrators may convey or distribute the assets having regard to the claims of which they then have notice. SUNSTONE LEGAL, Solicitors for the Administrators. ——————————— ZZ402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Surekha Ghosh, late of 57 Loftus Street, Nedlands, Western Australia, deceased. Creditors and other persons having claims to which Section 63 of the Trustees Act 1962 relates in respect of the deceased who died on 25 January 2024 are required by the Executor, Jaya Chowdhury c/- Sunstone Legal, PO Box 1157, Bibra Lake DC WA 6965, within one (1) month of the date of publication hereof after which date the Executor may convey or distribute the assets having regard to the claims of which they then have notice. SUNSTONE LEGAL, Solicitors for the Executor. ——————————— ZZ403 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the estate of Barbara Lillian Bolton formerly of 89 Clifton Street, Kelmscott, in the State of Western Australia, Widowed, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 (WA) relates) in respect of the estate of the deceased, who died on 3 April 2024, are required by the executors, Dianne Eliza McNally and Peter McNally, c/- HFM Legal Pty Ltd, to send particulars of their claims to HFM Legal of PO Box 1, Maddington, WA 6989, by the date being one month following the publication of this notice, after which date the Executors may convey or distribute the assets, having regard only to claims of which they then have notice. ——————————— ZZ404 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Gregory Paul Davis, late of 4 Dirphia Place, High Wycombe, 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 above-named deceased, who died on the 23 January 2024, are required by the Administrators Keith Joseph Davis, Julie Amanda Mok and Marie Lesley Nielsen to send the particulars of their claims to Julie Mok of 2 Augustus Drive, Jane Brook Western Australia 6056 within one (1) month of the date of publication of this notice after which date the Administrators may convey or distribute the assets, having regard only to the claims of which they then has notice. ———————————

21 June 2024 GOVERNMENT GAZETTE, WA 1513 ZZ405 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Estate of the late Susan Henry, late of 23 Thornbill Loop, Beeliar, 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 12 August 2022, are required to send particulars of their claims to the Executor (contact details below) 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 only to the claims of which he then has notice. c/- MARK LINDSAY, PO Box z5429, Perth WA 6831. ——————————— ZZ406 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Notice to creditors and claimants of Todd Ernest Hannaford late of 18 Cutter Crescent, Beldon, Western Australia, Civil Servant, 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 March 2024 are required by the Trustee Australian Executor Trustees Limited ACN 007 869 794 of Level 1, 575 Bourke Street Melbourne VIC 3000 to send particulars of their claim to them by 2 August 2024 after which date the Trustee may convey or distribute the assets having regard only to the claims of which it then has notice. ——————————— ZZ407 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the matter of the Estate of Ena Willemsen, late of 8 Sartorial Place, Greenfields, 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 above-named deceased, who died on 27 December 2023, are required by the Executor, James Illich, to send the particulars of their claims to PO Box 260, Claremont, WA 6910 within one month of the date of publication of this notice, after which date the Executor may convey or distribute the assets having regard only to the claims of which they then have notice. ——————————— ZZ408 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the estate of Ernest James Playle late of 9/19 Swallowtail Parade, Warnbro in the State of Western Australia, Plant Operator, deceased. Stevan Allan Playle and every person claiming through Stevan Allan Playle (to which section 66 of the Trustees Act 1962 (WA) relates) in respect of the estate of the Deceased, who died on 5 September 2021, is required by the executrix, Beverley Joy Jones, c/- HFM Legal, PO Box 1, Maddington WA 6989, to send particulars of their claim to her at HFM Legal of PO Box 1, Maddington WA 6989 by the date being two months following the publication of this notice, after which date the Executrix intends to apply to the Supreme Court of Western Australia seeking orders that she be at liberty to distribute the property or part thereof of the estate, having regard only to the beneficiaries of which she is then aware. ———————————

1514 GOVERNMENT GAZETTE, WA 21 June 2024 ZZ409 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect of the Estates of the undermentioned deceased persons are required to send particulars of their claims to me on or before 22 July 2024 after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice. Beilken, Mervyn Leonard, late of 5 Narooma Close, Waikiki, who died on 3 December 2023 (DE19915465 EM32). Berwick, Ian Stephen, late of 15 Cornish Crescent, Manning, who died on 9 January 2024 (PM33130552 EM214). Bond, Albert Maurice, late of Brightwater Inglewood Aged Care, 2A Walter Road, Inglewood, who died on 21 May 2024 (DE19880032 EM37). Borges, Joseph (also known as Joseph Calistus Borges), late of 78 Kimberley Street, West Leederville, who died on 8 May 2024 (PM33027058 EM214). Borkowski, Andre Jean-Marie (also known as Andrew Borkowski), late of Unit 3, 7-11 George Street, Brockman, who died on 25 April 2024 (DE33102907 EM14). Buckenara, Edward Brian, late of Tanby Hall Aged Care, 1-9 Tanby Place, Cooloongup, who died on 30 May 2023 (PM33178006 EM214). Cakan, Azize, late of 20 Leach Highway, Wilson, who died on 8 December 2022 (DE33206437 EM35). Fasolo, Francesca, late of 2 Brixton Road, Bentley, who died on 12 May 2024 (DE33172371 EM13). King, Barbara Jessie, formerly of 65 Archidamus Road, Coolbellup, late of Treeby Parklands Care Community, 5 Abelia Road, Treeby, who died on 5 March 2024 (DE19601115 EM17). Mihai, Costache (also known as Costa Mihai), late of Bethanie Waters Retirement Village, 18 Olivenza Crescent, Port Kennedy, who died on 10 January 2024 (PM33185652 EM214). Rendulic, Dragica, late of Aegis Hermitage, 5 Cottage Close, Ellenbrook, who died on 23 May 2024 (DE33075907 EM26). Rose, Kaye, late of 146 Minsterly Road, Ocean Beach, who died on 14 February 2024 (DE19652235 EM15). Sharpe, Peter Malcolm, late of 3 Nova Court, Cooloongup, who died on 29 August 2023 (DE19914388 EM14). Swannick, George Henry, late of Midland Convalescent Hospital, 44 John Street, Midland, who died on 11 May 2024 (PM19992543 EM214). Tooke, Bernard Thomas Stanley, late of Marist Lodge Nursing Home, 12 Lapage Street, Belmont, who died on 3 September 2020 (PM33167256 EM214). Toomey, Janet Catherine (also known as Janet Catherine Greedy), formerly of 95 Marine Terrace, Sorrento, late of 59B Trappers Drive, Woodvale, who died on 23 February 2024 (DE20011540 EM110). BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212. ——————————— ZZ410 PUBLIC TRUSTEE ACT 1941 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 on this 19th day of June 2024. BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212. ———— Name of Deceased Address Date of Death Date Election Filed Whittick, Jessie Dorreen (DE19820139 EM23) Formerly of 37 Armstrong Road, Hope Valley, late of Gracehaven BaptistCare, 2 Westralia Gardens, Rockingham. 13 February 2024 14 June 2024

21 June 2024 GOVERNMENT GAZETTE, WA 1515 ZZ501 DISPOSAL OF UNCOLLECTED GOODS ACT 1970 S. 12(1)(b) and (c) and 26(1)(b), (2) and (4) NOTICE UNDER PART III OF INTENTION TO SELL OR OTHERWISE DISPOSE OF GOODS To Johanson Amro, 0414 952 343, Bailor

1. You were given notice on 25th July, 2022 that the following vehicle situated at 7 Cobalt Way, Maddington, WA, 6109 was ready for collection. REF: TRUCK MAKE: HINO TRUCK, REG. 1 CXS001 VIN: JHDFM8JRKXXX10111
2. The vehicle constitutes goods to the value of approx. $3,000.00
3. It is intended to sell or dispose of the vehicle in accordance with the Act unless not more than 1 month from the date of giving of this notice you either— (a) take redelivery of the truck or give directions for the redelivery (at your expense) and pay monies owed, or (b) give notice in writing to Valblast Pty Ltd, 7 Cobalt Way, Maddington, WA 6109 (Bailee) that you claim the goods exceed $3,500 in value. ———————————