11 February 2022 GOVERNMENT GAZETTE, WA 293
— PART 1 —
PROCLAMATIONS
AA101
Industrial Relations Legislation Amendment Act 2021
Industrial Relations Legislation Amendment
Act 2021 Commencement Proclamation 2022
SL 2022/10
Made under the Industrial Relations Legislation Amendment Act 2021
section 2(1)(b) by the Governor in Executive Council.
Citation
This proclamation is the Industrial Relations Legislation
Amendment Act 2021 Commencement Proclamation 2022.
Commencement
The Industrial Relations Legislation Amendment Act 2021
Part 5 (other than sections 100 to 119 and 121) and Part 6 come
into operation on the day after the day on which this proclamation
is published in the Gazette.
Governor L.S.
W. JOHNSTON, Minister for Industrial Relations.
294 GOVERNMENT GAZETTE, WA 11 February 2022
ENVIRONMENT
EV301
Botanic Gardens and Parks Authority Act 1998
Botanic Gardens and Parks Amendment
Regulations 2022
SL 2022/13
Made by the Governor in Executive Council.
Citation
These regulations are the Botanic Gardens and Parks
Amendment Regulations 2022.
Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these
regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
Regulations amended
These regulations amend the Botanic Gardens and Parks
Regulations 1999.
Regulation 43A inserted
At the beginning of Part 7 insert:
43A. Relevant amount
For the purposes of the definition of relevant amount
in section 11(4), the amount is $5 000 000.
N. HAGLEY, Clerk of the Executive Council.
11 February 2022 GOVERNMENT GAZETTE, WA 295
HEALTH
HE301
Health Services Act 2016
Health Services (Fees and Charges) Amendment
Order 2022
SL 2022/9
Made by the Minister under section 56 of the Act.
Citation
This order is the Health Services (Fees and Charges)
Amendment Order 2022.
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.
Order amended
This order amends the Health Services (Fees and Charges)
Order 2016.
Schedule 1 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Provision Delete Insert
Sch. 1 Div. 1 it. 5(b) $6.60 $6.80
Sch. 1 Div. 1 it. 5(c)(i) $41.30 $42.50
Sch. 1 Div. 1 it. 5(c)(ii)
and (iii)
$33 $34
Sch. 1 Div. 2 it. 8(a) $41.30 $42.50
Sch. 1 Div. 2 it. 8(b) and
(c)
$33 $34
A. SANDERSON, Minister for Health.
296 GOVERNMENT GAZETTE, WA 11 February 2022
JUSTICE
JU301
Prisons Act 1981
Prisons Amendment Regulations 2022
SL 2022/12
Made by the Governor in Executive Council.
Citation
These regulations are the Prisons Amendment Regulations 2022.
Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these
regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
Regulations amended
These regulations amend the Prisons Regulations 1982.
Regulation 78 amended
(1) Delete regulation 78(1) and insert:
(1) A search of a prisoner under this regulation cannot be
carried out unless ordered by the superintendent under
section 41(1) of the Act.
(1A) Without limiting subregulation (1C), the manner in
which a prisoner may be searched under this regulation
includes by means of an approved electronic scanning
device.
(1B) The superintendent must ensure that each prisoner is
searched by a prison officer on the prisoner’s
admission to prison and immediately before the
prisoner’s discharge from prison.
(1C) A prisoner may be searched on such other occasions
and in such manner as may be considered necessary by
the superintendent.
11 February 2022 GOVERNMENT GAZETTE, WA 297
(2) In regulation 78(2):
(a) delete “his” (each occurrence) and insert:
the officer’s
(b) delete “a prison officer shall search each prisoner.” and
insert:
the superintendent must ensure that each prisoner is
searched by a prison officer.
(3) In regulation 78(3) delete the passage that begins with “his” and
ends with “officer)” and insert:
the prisoner’s clothing and searched unless the superintendent
(4) In regulation 78(4) delete “his” and insert:
the prisoner’s
(5) In regulation 78(5) after “officer” insert:
to provide advice
N. HAGLEY, Clerk of the Executive Council.
———————————
298 GOVERNMENT GAZETTE, WA 11 February 2022
JU302
Criminal Procedure Act 2004
Fines, Penalties and Infringement Notices Enforcement Act 1994
Attorney General Regulations Amendment
(Security of Payment) Regulations 2022
SL 2022/14
Made by the Governor in Executive Council.
Part 1 — Preliminary
Citation
These regulations are the Attorney General Regulations
Amendment (Security of Payment) Regulations 2022.
Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are
published in the Gazette;
(b) the rest of the regulations — on the day after that day.
Part 2 — Criminal Procedure Regulations 2005
amended
Regulations amended
This Part amends the Criminal Procedure Regulations 2005.
Schedule 1A amended
In Schedule 1A insert in alphabetical order:
Building and Construction Industry (Security of Payment) Act 2021
11 February 2022 GOVERNMENT GAZETTE, WA 299
Part 3 — Fines, Penalties and Infringement Notices
Enforcement Regulations 1994 amended
5. Regulations amended
This Part amends the Fines, Penalties and Infringement Notices
Enforcement Regulations 1994.
6. Schedule 1 amended
In Schedule 1 insert in alphabetical order:
Building and Construction Industry (Security of
Payment) Act 2021
N. HAGLEY, Clerk of the Executive Council.
WORKCOVER
WC301
Workers’ Compensation and Injury Management (Acts of Terrorism)
Act 2001
Workers’ Compensation and Injury
Management (Acts of Terrorism) (Final Day)
Amendment Regulations 2022
SL 2022/11
Made by the Governor in Executive Council.
Citation
These regulations are the Workers’ Compensation and Injury
Management (Acts of Terrorism) (Final Day) Amendment
Regulations 2022.
Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these
regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
300 GOVERNMENT GAZETTE, WA 11 February 2022
3. Regulations amended
These regulations amend the Workers’ Compensation and Injury
Management (Acts of Terrorism) (Final Day) Regulations 2002.
4. Regulation 2 amended
In regulation 2 delete “2023.” and insert:
2026.
N. HAGLEY, Clerk of the Executive Council.
———————————
11 February 2022 GOVERNMENT GAZETTE, WA 301
— PART 2 —
FIRE AND EMERGENCY SERVICES
FE401
BUSH FIRES ACT 1954
TOTAL FIRE BAN DECLARATION
Correspondence No. D18023
Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the
Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a
total fire ban for 5 February 2022 for the local government districts of—
Greater Geraldton, Chapman Valley, Mingenew, Morawa, Northampton, Carnamah, Coorow,
Dandaragan, Moora, Perenjori, Three Springs, Victoria Plains, Beverley, Cunderdin, Dowerin,
Goomalling, Northam, Quairading, Tammin, Wyalkatchem, York, Mount Marshall, Mukinbudin,
Westonia, Bruce Rock, Kellerberrin, Merredin, Narembeen, Nungarin, Trayning, Yilgarn, Toodyay,
Koorda, Dalwallinu, Wongan-Ballidu, Armadale, Gosnells, Swan, Chittering, Gingin, Kalamunda,
Mundaring, Serpentine-Jarrahdale, Collie, Dardanup, Harvey, Waroona, Murray, Augusta-
Margaret River, Manjimup, Nannup, Boyup Brook, Bridgetown-Greenbushes, Donnybrook-
Balingup, Albany, Denmark, Gnowangerup, Jerramungup, Plantagenet, Cranbrook, Broomhill-
Tambellup, Katanning, Kojonup, West Arthur, Wagin, Woodanilling, Boddington, Brookton,
Cuballing, Narrogin (Shire), Narrogin (Town), Pingelly, Wandering, Wickepin, Williams,
Dumbleyung, Kent, Lake Grace, Corrigin, Kondinin, Kulin, Bassendean, Bayswater, Belmont,
Cambridge, Canning, Claremont, Cockburn, Cottesloe, East Fremantle, Fremantle, Joondalup,
Kwinana, Mandurah, Melville, Mosman Park, Nedlands, Peppermint Grove, Perth, Rockingham,
South Perth, Stirling, Subiaco, Vincent/Wanneroo, Irwin, Bunbury, Capel, Busselton and Victoria
Park.
Dated 4 February 2022.
RICK CURTIS, Assistant Commissioner of the Department of
Fire and Emergency Services, as a sub-delegate of the Minister
under section 16 of the Fire and Emergency Services Act 1998.
———————————
FE402
BUSH FIRES ACT 1954
TOTAL FIRE BAN DECLARATION
Correspondence No. D18023
Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the
Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a
total fire ban for 6 February 2022 for the local government districts of—
Carnarvon, Cue, Meekatharra, Menzies, Mount Magnet, Murchison, Sandstone, Shark Bay, Upper
Gascoyne, Wiluna, Yalgoo, Kalgoorlie-Boulder, Coolgardie, Dundas, Laverton, Leonora,
Ngaanyatjarraku, Greater Geraldton, Chapman Valley, Mingenew, Morawa, Northampton, Irwin,
Carnamah, Coorow, Dandaragan, Moora, Perenjori, Three Springs, Victoria Plains, Toodyay,
Waroona, Murray, Armadale, Gosnells, Swan, Chittering, Gingin, Kalamunda, Mundaring,
Serpentine-Jarrahdale, Albany, Denmark, Gnowangerup, Jerramungup, Plantagenet,
Ravensthorpe, Esperance, Boddington, Brookton, Cuballing, Narrogin, Pingelly, Wandering,
Wickepin, Williams, Corrigin, Kondinin, Kulin, Cranbrook, Broomhill-Tambellup, Katanning,
Kojonup, West Arthur, Wagin, Woodanilling, Dumbleyung, Kent, Lake Grace, Koorda, Dalwallinu,
Wongan-Ballidu, Mount Marshall, Mukinbudin, Beverley, Cunderdin, Dowerin, Goomalling,
Northam, Quairading, Tammin, Wyalkatchem, York, Bruce Rock, Kellerberrin, Merredin,
Narembeen, Nungarin, Trayning, Westonia, Yilgarn, Collie, Dardanup, Harvey, Boyup Brook,
Bridgetown-Greenbushes, Donnybrook-Balingup, Augusta-Margaret River, Manjimup, Nannup,
Bunbury, Capel, Busselton.
Dated 5 February 2022.
RICK CURTIS, Assistant Commissioner of the Department of
Fire and Emergency Services, as a sub-delegate of the Minister
under section 16 of the Fire and Emergency Services Act 1998.
———————————
302 GOVERNMENT GAZETTE, WA 11 February 2022
FE403
BUSH FIRES ACT 1954
TOTAL FIRE BAN DECLARATION
Correspondence No. D18023
Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the
Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a
total fire ban for 7 February 2022 for the local government districts of—
Kalgoorlie-Boulder, Coolgardie, Dundas, Laverton, Leonora, Menzies.
Dated 6 February 2022.
RICK CURTIS, Assistant Commissioner of the Department of
Fire and Emergency Services, as a sub-delegate of the Minister
under section 16 of the Fire and Emergency Services Act 1998.
———————————
FE404
EMERGENCY MANAGEMENT ACT 2005
EXTENSION OF EMERGENCY SITUATION DECLARATION
I, Christopher John Dawson, State Emergency Coordinator, hereby extend the emergency situation
declaration made on 2 February 2021 at 1500hrs, in respect to the Wooroloo Bushfire.
The area of the State to which the emergency situation declaration applies is—
• Shire of Mundaring
• City of Swan.
The emergency situation declaration is extended for a period of 6 months, until 12 August 2022.
The only powers that may be exercised during the period by which the emergency situation declaration
is extended are those powers under section 69 and section 72 of the Emergency Management Act 2005.
Time when extension made: 11:05 hrs.
Date on which extension made: 8 February 2022.
This extension has effect from 06:40 hrs on 12 February 2022 and remains in force until—
(a) 06.40 hrs on 12 August 2022; or
(b) it is revoked under section 53 of the Emergency Management Act 2005.
This declaration of an extension of emergency situation declaration is made under section 52 of the
Emergency Management Act 2005.
Dated 8 February 2022.
C. DAWSON, Commissioner of Police.
State Emergency Coordinator.
———————————
FE405
BUSH FIRES ACT 1954
TOTAL FIRE BAN REVOCATION
Correspondence No. D18023
Pursuant to powers delegated under the Bush Fires Act 1954, the total fire ban for 6 February 2022 is
revoked from 19:00 hours for the local government districts of—
Chapman Valley, Mingenew and Northampton.
Dated 6 February 2022.
RICK CURTIS, Assistant Commissioner of the Department of
Fire and Emergency Services, as a sub-delegate of the Minister
under section 16 of the Fire and Emergency Services Act 1998.
———————————
11 February 2022 GOVERNMENT GAZETTE, WA 303
FE406
BUSH FIRES ACT 1954
TOTAL FIRE BAN REVOCATION
Correspondence No. D18023
Pursuant to powers delegated under the Bush Fires Act 1954, the total fire ban for 6 February 2022 is
revoked from 18:00 hours for the local government districts of—
Greater Geraldton, Irwin, Gingin, Toodyay, Waroona, Murray, Armadale, Gosnells, Swan,
Chittering, Kalamunda, Mundaring, Serpentine-Jarrahdale.
Dated 6 February 2022.
RICK CURTIS, Assistant Commissioner of the Department of
Fire and Emergency Services, as a sub-delegate of the Minister
under section 16 of the Fire and Emergency Services Act 1998.
HEALTH
HE401
PUBLIC HEALTH ACT 2016
EXTENSION OF DECLARATION (NO.3) OF PUBLIC HEALTH STATE OF EMERGENCY
Pursuant to section 170 of the Public Health Act 2016 (WA) I, Amber-Jade Sanderson, the Minister for
Health, hereby extend the public health state of emergency declaration, which came into effect on
22 September 2021 at 16:25 hours.
The duration of the public health state of emergency declaration is extended for a period of 14 days (the
extension).
Time of this extension: 1:00 pm.
Date of this extension: 7 February 2022.
Hon. AMBER-JADE SANDERSON, MLA, Minister for Health.
———————————
HE402
MENTAL HEALTH ACT 2014
MENTAL HEALTH (AUTHORISED MENTAL HEALTH PRACTITIONERS)
REVOCATION ORDER (NO. 1) 2022
Made by the Chief Psychiatrist under section 539 of the Mental Health Act 2014.
Citation
This Order may be cited as the Mental Health (Authorised Mental Health Practitioners) Revocation
Order (No. 1) 2022.
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) clause 3 ― on the day after that day.
Revocation of designation
The designation, as an authorised mental health practitioner of the mental health practitioners
specified in Schedule 1 to this order is revoked.
Schedule 1
Name Profession
Drew, Adile Registered Nurse
Hall, Jacqueline Melissa Occupational Therapist
Hayter, Carole Anne Registered Nurse
Law, Ilona Margaret Registered Nurse
Molloy, Helen Registered Nurse
Park, Susan Lyn Registered Nurse
Scott, Rachel Social Worker
Dated 8 February 2022.
Dr. EMMA CRAMPIN, Acting Chief Psychiatrist.
———————————
304 GOVERNMENT GAZETTE, WA 11 February 2022
HE403
MENTAL HEALTH ACT 2014
MENTAL HEALTH (AUTHORISED MENTAL HEALTH PRACTITIONERS) ORDER (NO. 1) 2022
Made by the Chief Psychiatrist under section 539 of the Mental Health Act 2014;
Citation
This order may be cited as the Mental Health (Authorised Mental Health Practitioners) Order (No. 1)
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) clause 3 ― on the day after that day.
Authorised Mental Health Practitioner
The mental health practitioners specified in Schedule 1 to this order are designated as Authorised
Mental Health Practitioners.
Schedule 1
Name Profession
Booth, Mark Barrie Registered Nurse
Doran, Ilona Margaret Registered Nurse
Dated 8 February 2022.
Dr. EMMA CRAMPIN, Acting Chief Psychiatrist.
JUSTICE
JU401
PRISONS ACT 1981
PERMIT DETAILS
Pursuant to Section 15P of the Prisons Act 1981, I hereby issue the following permit—
Surname Other Name(s) Permit No.
Couttie John Samuel PA 0576
Dated 31 January 2022.
MIKE REYNOLDS, Commissioner.
———————————
JU402
JUSTICES OF THE PEACE ACT 2004
APPOINTMENTS
It is hereby notified for public information that the Governor in Executive Council has approved of the
following to the Office of Justice of the Peace for the State of Western Australia—
Mark Raymond Blowers of East Bunbury
Jarrod Keith Chipperfield of Ellenbrook
Vanniya Rajan Soundra Pandian of Wattle Grove
RON RANDALL, A/Executive Director, Court and Tribunal Services.
———————————
11 February 2022 GOVERNMENT GAZETTE, WA 305
JU403
COURT SECURITY AND CUSTODIAL SERVICES ACT 1999
PERMIT DETAILS
Pursuant to the provisions of section 56(1) of the Court Security and Custodial Services Act 1999, the
Commissioner of Corrective Services has revoked the following Permits to do High-Level Security
Work—
Surname First Name(s) Permit Number Date Permit Revoked
Marijanich Christine BRS-200011 31/01/2022
Boynes-Butler Timothy Eric BRS-180146 31/01/2022
Isaac Tiahne Jeanette BRS-210094 31/01/2022
Walker Jamie Jonathan BRS-170241-1 31/01/2022
This notice is published under section 57(1) of the Court Security and Custodial Services Act 1999.
MICHAEL REYNOLDS, Commissioner, Corrective Services.
LOCAL GOVERNMENT
LG401
LOCAL GOVERNMENT ACT 1995
Shire of Gingin
MEETING PROCEDURES AMENDMENT LOCAL LAW (NO. 2) 2021
Under the power conferred by the Local Government Act 1995 and under all other powers enabling it,
the Council of the Shire of Gingin resolved on 21 December 2021 to make the following local law.
Title
This is the Shire of Gingin Meeting Procedures Amendment Local Law (No.2) 2021.
Commencement
This local law comes into operation 14 days after the date of its publication in the Government Gazette.
Principal Local Law
This local law amends the Shire of Gingin Meeting Procedures Local Law 2014 as published in the
Government Gazette on 6 November 2014 and as amended in the Government Gazette on 1 April 2021.
Clause 5.9 deleted
Clause 5.9 is deleted in its entirety.
Dated this Eighteenth day of January 2022
The Common Seal of the Shire of Gingin was affixed by authority of a resolution of the Council in the
presence of:
C. W. FEWSTER, Shire President.
L. CRICHTON, Acting Chief Executive Officer.
———————————
LG402
LOCAL GOVERNMENT ACT 1995
Shire of Serpentine-Jarrahdale
BASIS OF RATES
I, Tim Fraser, being delegated by the Minister of the Crown to whom the administration of the Local
Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,
hereby, and with effect from 14 January 2022, determined that the method of valuation to be used by
the Shire of Serpentine-Jarrahdale as the basis for a rate in respect of the land referred to in the
Schedule is to be the gross rental value of the land;
Schedule
Designated Land
UV to GRV
All those portions of land being Lots 474 to 480 inclusive, Lots
511 to 515 inclusive, Lots 524 to 534 inclusive, Lots 543 to 545
inclusive, Lots 555 to 558 inclusive and Lots 562 to 565 inclusive
as shown on Deposited Plan 421747.
TIM FRASER, Executive Director Local Government,
Department of Local Government, Sport and Cultural Industries.
———————————
306 GOVERNMENT GAZETTE, WA 11 February 2022
LG403
DOG ACT 1976
LOCAL GOVERNMENT ACT 1995
Town of Port Hedland
DOGS LOCAL LAW 2021
Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other
powers enabling it, the Council of the Town of Port Hedland resolved on 24 November 2021 to make the
following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Town of Port Hedland Dogs Local Law 2021.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government Gazette.
1.3 Application
This local law applies throughout the district.
1.4 Repeal
This local law repeals the Town of Port Hedland Local Law (Dogs) as published in the Government
Gazette on 2 October 1998, and as amended in the Government Gazette on 26 February 1999.
1.5 Interpretation
In this local law unless the context otherwise requires—
Act means the Dog Act 1976;
authorised person means a person appointed by the local government to perform all or any of the
functions conferred on an authorised person under this local law;
CEO means the Chief Executive Officer of the local government;
dangerous dog means a dog which is the subject of a declaration under section 33E of the
Act declaring it to be a dangerous dog;
district means the district of the local government;
dog management facility has the meaning given to it in section 3(1) of the Act;
local government means the Town of Port Hedland;
Regulations means the Dog Regulations 2013;
Schedule means a schedule in this local law;
fence where used in this local law shall include walls and screen walls;
public building has the meaning given to it in Health (Miscellaneous Provisions) Act 1911;
public place as defined in section 3(1) of the Act; and
street includes highway, road, lane, thoroughfare, carriageway or similar place, or part there of
which is within the district, which the public are allowed to use and includes every part of the
highway, lane, thoroughfare, or similar place and other things including the street verge,
footpath, bridges and culverts appurtenant to it.
PART 2—IMPOUNDING OF DOGS
2.1 Charges and costs
The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of
the Local Government Act 1995—
(a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding
of a dog;
(b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or on
a day other than those determined under clause 2.2; and
(c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act.
2.2 Attendance of authorised person at dog management facility
The authorised person is to be in attendance at the dog management facility for the release of dogs at
the times and on the days of the week as are determined by the CEO.
2.3 Release of impounded dog
(1) A claim for the release of a dog seized and impounded is to be made to the authorised person or in
the absence of the authorised person, to the CEO, subject to subclause (2) upon payment of the fees
specified by local government, the dog shall be released to such person.
(2) The authorised person is not to release a dog seized and impounded to any person unless that person
has produced, to the satisfaction of the authorised person, satisfactory evidence—
(a) of her or his ownership of the dog or of her or his authority to take delivery of it; or
(b) that he or she is the person identified as the owner on a microchip implanted in the dog.
11 February 2022 GOVERNMENT GAZETTE, WA 307
PART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS
3.1 Dogs to be confined
(1) The owner or occupier of premises within the district on which a dog is kept shall—
(a) ensure that the means exist on the premises for effectively confining the dog within the
premises; and
(b) cause the portion of the premises on which the dog is kept to be fenced in a manner capable of
confining the dog to that portion in accordance with the provisions of this local law.
(2) Every part of a fence used to confine a dog shall be of a type, height and construction which, having
regard to the breed, age, size and physical condition of the dog, shall be capable of preventing the dog,
at all times from passing over, under or through it.
(3) Where a gate forms part of fence, the gate shall—
(a) be kept closed at all times except when the dog is not kept on the premises;
(b) be fitted with an effective self-closing mechanism and an effective self-latching mechanism
attached to the inside of the gate; and
(c) be fitted with a mechanism which enables the gate to be locked.
(4) Where an occupier fails to comply with subclause (1), he or she commits an offence.
Penalty: Where the dog is a dangerous dog, $4,000; otherwise $2,000.
3.2 Limitation on the number of dogs
(1) This clause does not apply to premises which have been—
(a) licensed under Part 4 as an approved kennel establishment; or
(b) granted an exemption under section 26(3) of the Act.
(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of
section 26(4) of the Act—
(a) if the premises are situated on a lot having an area of 4 hectares or more—6 dogs over the age
of 3 months and the young of those dogs under that age; or
(b) if the premises are situated on any other lot—2 dogs over the age of 3 months and the young of
those dogs under that age and a maximum of 3 dogs with an application
PART 4—APPROVED KENNEL ESTABLISHMENTS
4.1 Interpretation
In this Part and in Schedule 2—
licence means a licence to keep an approved kennel establishment on premises;
licensee means the holder of a licence; and
premises, in addition to the meaning given to it in section 3 of the Act, means the premises
described in the application for a licence.
4.2 Application for licence for approved kennel establishment
An application for a licence must be made in the form of that in Schedule 2, and must be lodged with
the local government together with—
(a) a plan showing the details and specifications of all kennel and yards appurtenant thereto and
showing the distances from the kennels to the boundaries of the land the subject of the
application and all buildings on the land;
(b) such other information reasonably required by the local government; and
(c) the fee for the application for a licence referred to in clause 4.10(1).
4.3 Notice of proposed use
(1) A person seeking the issue of a license to keep an approved kennel establishment shall—
(a) give notice of the proposed use of the land in writing to the owners and occupiers of all adjoining
land and premises; and
(b) advertise the intention to do so in a newspaper having circulation in the area at least 14 days
before application is made with the local government.
(2) The notices in subclause (1) must specify that—
(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days
of the date the notice is given; and
(b) the application and plans and specifications may be inspected at the offices of the local
government.
(3) Where—
(a) the notices given under subclause (1) do not clearly identify the premises; or
(b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the
opinion of the local government, would fail to serve the purpose of notifying persons of the
proposed use of the premises,
then the local government may refuse to determine the application for a licence until the notices or
notice, as the case may be, is given in accordance with its directions.
308 GOVERNMENT GAZETTE, WA 11 February 2022
4.4 Exemption from notice requirements
Where an application for a licence is made in respect of premises on which an approved kennel
establishment is either a—
(a) permitted use; or
(b) use which the local government may approve subject to compliance with specified notice
requirements,
under a town planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply
in respect of the application for a licence.
4.5 When application can be determined
An application for a licence is not to be determined by the local government until—
(a) the applicant has complied with clause 4.2;
(b) the applicant submits proof that the notices referred to in clause 4.3(1) have been given in
accordance with that clause; and
(c) the local government has considered any written submissions received within the time specified
in clause 4.3(2)(a) on the proposed use of the premises.
4.6 Determination of application
In determining an application for a licence, the local government is to have regard to—
(a) the matters referred to in clause 4.7;
(b) any written submissions received within the time specified in clause 4.3(2)(a) on the proposed
use of the premises;
(c) any economic or social benefits which may be derived by any person in the district if the
application for a licence is approved;
(d) the effect which the kennel establishment may have on the environment or amenity of the
neighbourhood;
(e) whether the approved kennel establishment will create a nuisance for the owners and occupiers
of adjoining premises; and
(f) whether or not the imposition of and compliance with appropriate conditions of a licence will
mitigate any adverse effects of the approved kennel establishment identified in the preceding
paragraphs.
4.7 Where application cannot be approved
The local government cannot approve an application for a licence where—
(a) an approved kennel establishment cannot be permitted by the local government on the
premises under a town planning scheme; or
(b) an applicant for a licence or another person who will have the charge of the dogs will not reside
on the premises, or, in the opinion of the local government, sufficiently close to the premises so
as to control the dogs and so as to ensure their health and welfare.
4.8 Conditions of approval
(1) The local government may approve an application for a licence subject to the conditions contained
in Schedule 3 and to such other conditions as the local government considers appropriate.
(2) In respect of a particular application for a licence, the local government may vary any of the
conditions contained in Schedule 3.
4.9 Compliance with conditions of approval
A licensee who does not comply with the conditions of a licence commits an offence.
Penalty: Where a dog involved in the contravention is a dangerous dog, $4,000 and a daily
penalty of $400; otherwise $2,000 and a daily penalty of $200.
4.10 Fees
(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.
(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.
(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the local
government.
(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government
under sections 6.16 to 6.19 of the Local Government Act 1995.
4.11 Form of licence
The licence is to be in the form determined by the local government and is to be issued to the licensee.
4.12 Period of licence
(1) licence to keep an approved kennel establishment shall remain valid for a period of twelve (12)
months from the date of issue thereof.
(2) A licence is to be renewed if the fee referred to in clause 4.10(2) is paid to the local government prior
to the expiry of the licence.
(3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have
effect.
11 February 2022 GOVERNMENT GAZETTE, WA 309
4.13 Variation or cancellation of licence
(1) The local government may vary the conditions of a licence.
(2) The local government may cancel a licence—
(a) on the request of the licensee;
(b) following a breach of the Act, the Regulations or this local law; or
(c) if the licensee is not a fit and proper person.
(3) The date a licence is cancelled is to be, in the case of—
(a) paragraph (a) of subclause (2), the date requested by the licensee; or
(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act.
(4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence that
has not yet expired.
4.14 Transfer
(1) An application for the transfer of a valid licence from the licensee to another person must be—
(a) made in the form determined by the local government;
(b) made by the transferee;
(c) made with the written consent of the licensee; and
(d) lodged with the local government together with—
(i) written evidence that a person will reside at or within reasonably close proximity to the
premises the subject of the licence; and
(ii) the fee for the application for the transfer of a licence referred to in clause 4.10(3).
(2) The local government is not to determine an application for the transfer of a valid licence until the
transferee has complied with subclause (1).
(3) The local government may approve, whether or not subject to such conditions as it considers
appropriate, or refuse to approve an application for the transfer of a valid licence.
(4) Where the local government approves an application for the transfer of a valid licence, then on the
date of approval, unless otherwise specified in the notice issued under clause 4.15(b), the transferee
becomes the licensee of the licence for the purposes of this local law.
4.15 Notification
The local government is to give written notice to—
(a) an applicant for a licence of the local government’s decision on her or his application;
(b) a transferee of the local government’s decision on her or his application for the transfer of a
valid licence;
(c) a licensee of any variation made under clause 4.13(1);
(d) a licensee when her or his licence is due for renewal and the manner in which it may be
renewed;
(e) a licensee when her or his licence is renewed;
(f) a licensee of the cancellation of a licence under clause 4.13(2)(a); and
(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.13(2), which
notice is to be given in accordance with section 27(6) of the Act.
4.16 Inspection of kennel
With the consent of the occupier, an authorised person may inspect an approved kennel establishment
at any time.
PART 5—MISCELLANEOUS
5.1 Offence to excrete
(1) A dog must not excrete on—
(a) any thoroughfare or other public place; or
(b) any land which is not a public place without the consent of the occupier.
(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control
of the dog at that time commits an offence.
(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any
excreta is removed immediately by that person.
(4) Notwithstanding clause 6.3, the maximum penalty for an offence under subclause (1) is $1000.
PART 6—ENFORCEMENT
6.1 Interpretation
In this Part—
infringement notice means the notice referred to in clause 6.5; and
notice of withdrawal means the notice referred to in clause 6.8(1).
310 GOVERNMENT GAZETTE, WA 11 February 2022
6.2 Offences
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 that person is prohibited from doing, commits an offence.
6.3 General penalty
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, to an additional penalty not exceeding $100 for each
day or part of the day during which the offence has continued.
6.4 Modified penalties
(1) The offences contained in Schedule 1 are offences in relation to which a modified penalty may be
imposed.
(2) The amount appearing in the fourth column of Schedule 1 directly opposite an offence is the modified
penalty payable in respect of that offence if—
(a) the dog is not a dangerous dog; or
(b) the dog is a dangerous dog, but an amount does not appear in the fourth column directly
opposite that offence.
(3) The amount appearing in the fifth column of Schedule 1 directly opposite an offence is the modified
penalty payable in respect of that offence if the dog is a dangerous dog.
6.5 Issue of infringement notice
Where an authorised person has reason to believe that a person has committed an offence in respect of
which a modified penalty may be imposed, he or she may issue to that person a notice in the form of
Form 8 of the First Schedule of the Regulations.
6.6 Failure to pay modified penalty
Where a person who has received an infringement notice fails to pay the modified penalty within the
time specified in the notice, or within such further time as may in any particular case be allowed by the
CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty.
6.7 Payment of modified penalty
(1)A person who has received an infringement notice may, within the time specified in that notice or
within such further time as may in any particular case be allowed by the CEO, send or deliver to the
local government the amount of the prescribed penalty, with or without a reply as to the circumstances
giving rise to the offence, and the local government may thereupon—
(a) appropriate that amount in satisfaction of the penalty and issue an acknowledgment; or
(b) withdraw the Infringement Notice and refund the amount so paid.
(2) Where a person does not contest an allegation that the person committed an offence of the kind to
which this clause applies, the production of an acknowledgment from the local government that the
modified penalty has been paid to the local government is a defence to a charge of the offence is respect
of which the modified penalty was paid.
6.8 Withdrawal of infringement notice
(1) Whether or not the modified penalty has been paid, local government, or an authorised person may
withdraw an infringement notice by sending a notice in the form of Form 9 of the First Schedule of the
Regulations, any amount received by way of modified penalty must be refunded and any
acknowledgment of the receipt of that amount must for the purposes of any proceedings in respect of
the alleged offence be regarded as not having been issued.
(2) A person authorised to issue an infringement notice under clause 6.5 cannot sign or send a notice of
withdrawal.
6.9 Service
An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it
at or posting it to her or his address as ascertained from her or him, or as recorded by the local
government under the Act, or as ascertained from inquiries made by the local government.
Schedule 1—Offences in respect of which modified penalty applies
(clause 6.4)
Item Offence Nature of offence Modified
penalty $
Dangerous Dog
Modified Penalty $
1 3.1 Failing to provide means for effectively
confining a dog 200
2 4.9 Failing to comply with the conditions of
a licence 200
3 5.1(2) Dog excreting in prohibited place 100
Dated 2nd February 2022.
The Common Seal of the Town of Port Hedland was affixed by authority of a resolution of the Council
in the presence of:
PETER CARTER, Mayor.
CARL ASKEW, Chief Executive Officer.
11 February 2022 GOVERNMENT GAZETTE, WA 311
Schedule 2—Application for a licence for an approved kennel establishment
(clause 4.2)
I/we (full name) ........................................................................................................................................
of (postal address) ....................................................................................................................................
(telephone number) ..................................................................................................................................
(facsimile number) ...................................................................................................................................
(E-mail address) .......................................................................................................................................
Apply for a licence/renewal for an approved kennel establishment at (address of premises) ..............
..................................................................................................................................................................
For (number and breed of dogs) ..............................................................................................................
(insert name of person) ............................................................ will be residing at the premises on and
from (insert date) ...........................................
(insert name of person) .................................................. will be residing (sufficiently close to the
premises so as to control the dogs and so as to ensure their health and welfare) at
............................................................................... (insert address of residence) on and from
................................... (insert date).
Attached are—
(a) a site plan of the premises showing the location of the kennels and yards and all other buildings
and structures and fences;
(b) plans and specifications of the kennel establishment;
(c) copy of notice of proposed use to appear in newspaper;
(d) copy of notice of proposed use to be given to adjoining premises;
(e) written evidence that a person will reside—
(i) at the premises; or
(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health
and welfare; and
(f) if the person in item (e) is not the applicant, written evidence that the person is a person in
charge of the dogs.
I confirm that I have read and agree to comply with the Code of Practice known as
………………………………………………………, in the keeping of dogs at the proposed kennel
establishment.
Signature of applicant ..........................................................
Date .......................................................................................
delete where inapplicable.
Note: a licence if issued will have effect for a period of 12 months—section 27.5 of the Dog Act.
—————————————————————————————————
OFFICE USE ONLY
Application fee paid on [insert date].
Schedule 3—Conditions of a licence for an approved kennel establishment
(clause 4.8(1))
An application for a licence for an approved kennel establishment may be approved subject to the
following conditions—
(a) each kennel shall have a yard appurtenant thereto which is capable of retaining the dog within
its confines;
(b) each kennel and each yard must be at a distance of not less than—
(i) 10m from the front boundary of the premises and 10m from any other boundary of the
premises;
(ii) 20m from any dwelling; and
(iii) 20m from any church, school room, hall, factory, dairy or premises where food is
manufactured, prepared, packed or stored for human consumption;
(c) each yard for a kennel must be kept securely fenced with a fence not less than two metre in
height constructed of materials approved by the local government;
(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed
of dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel
and the length of the dog is to be determined by measuring from the base of the tail to the front
of its shoulder;
(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the
floor area of the kennel or group of kennels to which it is attached;
312 GOVERNMENT GAZETTE, WA 11 February 2022
(f) the upper surface of the kennel floor must be—
(i) at least 100mm above the surface of the surrounding ground;
(ii) smooth so as to facilitate cleaning;
(iii) rigid;
(iv) durable;
(v) slip resistant;
(vi) resistant to corrosion;
(vii) non-toxic;
(viii) impervious;
(ix) free from cracks, crevices and other defects; and
(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn
must lead to a suitably sized diameter sewerage pipe which must be properly laid,
ventilated and trapped in accordance with the health requirements of the local
government;
(g) all kennel floor washing’s shall pass through the drain and shall be disposed of in accordance
with the requirements of the Health (Miscellaneous Provisions) Act 1911;
(h) where a yard is to be floored, the floor must be constructed in the same manner as the floor of
any kennel;
(i) from the floor, the lowest internal height of a kennel must be at least two metres from the floor
with an average inbuilt height of not less than 2100 mm;
(j) the walls of each kennel must be constructed of concrete, brick, steel or timber framing sheeted
internally and externally with galvanized iron or fibre cement sheeting or other durable
material approved by the local government;
(k) all gates shall be provided and fitted with proper catches or other means of securing or
fastening such gate;
(l) all external surfaces of each kennel must be kept in good condition;
(m) the roof of each kennel must be constructed of impervious material;
(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must
be cleaned and disinfected when so ordered by an authorised person or Environmental Health
Officer;
(o) all refuse, faeces and food waste must be disposed of daily in a manner approved by the
authorised offer or Environmental Health Officer;
(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;
(q) maintain the established in a clean, sanitary and tidy condition;
(r) every approved kennel established shall be provided with reticulated water in the form of a
supported stand pipe and hose for the hosing down of kennels and yards.
(s) the licensee or the person nominated in the application for a licence, must, in accordance with
the application for the licence, continue to reside—
(i) at the premises; or
(ii) in the opinion of the local government, sufficiently close to the premises so as to control
the dogs, and to ensure their health and welfare.
———————————
LG404
LOCAL GOVERNMENT ACT 1995
City of Cockburn
BASIS OF RATES
I, Tim Fraser, being delegated by the Minister of the Crown to whom the administration of the Local
Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,
hereby, and with effect from 10 January 2022, determined that the method of valuation to be used by
the City of Cockburn as the basis for a rate in respect of the land referred to in the Schedule is to be the
gross rental value of the land;
Schedule
Designated Land
UV to GRV
All those portions of land being Lots 119 to 126 inclusive and Lots
217 to 219 inclusive as shown on Deposited Plan 421466.
TIM FRASER, Executive Director Local Government,
Department of Local Government, Sport and Cultural Industries.
———————————
11 February 2022 GOVERNMENT GAZETTE, WA 313
LG405
LOCAL GOVERNMENT ACT 1995
City of Swan
BASIS OF RATES
I, Tim Fraser, being delegated by the Minister of the Crown to whom the administration of the Local
Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,
hereby, and with effect from 3 February 2022, determined that the method of valuation to be used by
the City of Swan as the basis for a rate in respect of the land referred to in the Schedule is to be the
gross rental value of the land;
Schedule
Designated Land
UV to GRV
All those portions of land being Lots 204-215, 216-233, 234-253,
and 257-264 on Deposited Plan 421740
TIM FRASER, Executive Director Local Government,
Department of Local Government, Sport and Cultural Industries.
———————————
LG406
LOCAL GOVERNMENT ACT 1995
City of Swan
BASIS OF RATES
I, Tim Fraser, being delegated by the Minister of the Crown to whom the administration of the Local
Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,
hereby, and with effect from 2 February 2022, determined that the method of valuation to be used by
the City of Swan as the basis for a rate in respect of the land referred to in the Schedule is to be the
gross rental value of the land;
Schedule
Designated Land
UV to GRV
All those portions of land being Lots 137 to 145 inclusive, Lots
165 to 173 inclusive, Lots 260 to 274 inclusive, Lot 300, Lot 301,
Lots 320 to 324 inclusive, Lots 330 to 339 inclusive and Lots 360
to 362 inclusive as shown on Deposited Plan 421366.
TIM FRASER, Executive Director Local Government,
Department of Local Government, Sport and Cultural Industries.
———————————
LG407
LOCAL GOVERNMENT ACT 1995
City of Busselton
BASIS OF RATES
I, Tim Fraser, being delegated by the Minister of the Crown to whom the administration of the Local
Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,
hereby, and with effect from 2 February 2022, determined that the method of valuation to be used by
the City of Busselton as the basis for a rate in respect of the land referred to in the Schedule is to be
the gross rental value of the land;
Schedule
Designated Land
UV to GRV
All those portions of land being Lots 18 to 23 inclusive and Lots
31 to 45 inclusive as shown on Survey Strata Plan 54626.
TIM FRASER, Executive Director Local Government,
Department of Local Government, Sport and Cultural Industries.
314 GOVERNMENT GAZETTE, WA 11 February 2022
MINERALS AND PETROLEUM
MP401
PETROLEUM PIPELINES ACT 1969
NOTICE OF VARIATION STP-PLV-0119 OF PETROLEUM PIPELINE LICENCE PL 40
Petroleum Pipeline Licence PL 40 held by DBNGP (WA) Nominees Pty Limited has, by instrument of
variation STP-PLV-0119, been varied with effect on 9 February 2022.
MAMTA KAPOOR, Senior Titles Officer, Resource Tenure Division,
Department of Mines, Industry Regulation and Safety.
———————————
MP402
MINING ACT 1978
APPLICATION FOR AN ORDER FOR FORFEITURE
Department of Mines, Industry Regulation and Safety,
Leonora WA 6438.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the
following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978
for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-
compliance with the reporting provisions.
WARDEN A. MATTHEWS.
————
To be heard by the Warden at Leonora on 12 April 2022.
EAST MURCHISON MINERAL FIELD
Prospecting Licences
P 36/1910 Anderson, Robert John
Malatesta, Nathan Kim
MT MARGARET MINERAL FIELD
Prospecting Licences
P 37/8456 World Field (Aust) Pty Ltd
P 39/5536 Freeth, Stewart Ross
Freeth, Philip Noel
P 39/5538 Freeth, Stewart Ross
Freeth, Philip Noel
P 39/5539 Freeth, Stewart Ross
Freeth, Philip Noel
P 39/5540 Freeth, Stewart Ross
Freeth, Philip Noel
P 39/6170-S Keogh, Terrence Leonard
Keogh, James Patrick
P 39/6182 Horsley, Paul David
NORTH COOLGARDIE MINERAL FIELD
Prospecting Licences
P 40/1465 Drew, David Allan
11 February 2022 GOVERNMENT GAZETTE, WA 315
PLANNING
PL401
PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
Town of East Fremantle
Local Planning Scheme No. 3—Amendment No. 17
Ref: TPS/2688
It is hereby notified for public information, in accordance with section 87 of the Planning and
Development Act 2005 that the Minister for Planning approved the Town of East Fremantle Local
Planning Scheme amendment on 21 January 2022 for the purpose of—
Amend Schedule 2 by deleting the information for Lots 14, 15, 16, 17, 18, and 19 Canning Highway,
East Fremantle, between Glyde Street and East Street, and replacing it with the following—
No. Description
of Land
Additional Use and/or
Development
Special Conditions
A9 Lots 14, 15,
16, 17, 18 and
19 Canning
Highway,
East
Fremantle,
between
Glyde Street,
and East
Street
(i) A maximum of R80
residential
development, i.e.,
development above
the base density code
of R20.
(ii) Any dwelling
development within
this Additional Use
area shall be used
for residential
dwelling purposes
only, and shall not
be used for any other
purpose.
Note: To qualify for the
foregoing additional use,
the requirements
(Special Conditions) in
column 4 applicable to
the area, are to be met.
The use of the land for the Additional Use is
conditional on development of and
compliance with the following—
Local Development Plan approved by
the local government depicting
coordinated development of Lots 14,
15, 16, 17, 18 and 19.
The Local Development Plan shall
address the following to the
satisfaction of the local
government—
(i) Building massing, height and
setbacks to minimise the
amenity, overlooking and
overshadowing impact to
surrounding properties;
(ii) Vehicle parking, access and
egress arrangements with
vehicular access and egress
prohibited to/from Canning
Highway;
(iii) Noise mitigation measures
pursuant to the Fremantle
Inner Harbour Buffer
Definition Study
requirements;
(iv) Building, landscaping and
access interface measures;
(v) Development to provide an
active edge to all street
frontages and provide
pedestrian access;
(vi) Landscape buffer to the
southern boundary of all lots
and the eastern boundary of
part of Lot 15 Canning
Highway;
(vii) Boundary setbacks;
(viii) A transport assessment that
identifies the impacts and any
appropriate mitigation
measures in accordance with
the WAPC’s Transport Impact
Assessment Guidelines (2016).
This includes identifying
future access locations to and
from Glyde Street and/or East
Street that do not compromise
future road and intersection
treatments within the
‘proposed MRS reservation’;
316 GOVERNMENT GAZETTE, WA 11 February 2022
No. Description
of Land
Additional Use and/or
Development
Special Conditions
(ix) An earthworks plan
demonstrating that any works
in the future road reservation
are the same as existing
ground levels for the
applicable section of Canning
Highway. This plan is to be
provided to the satisfaction of
Main Roads, in consultation
with the local government;
and
(x) An acoustic report prepared by
a qualified acoustic consultant
in accordance with the
requirements of the WAPC’s
State Planning Policy No 5.4—
Road and Rail Noise and
submitted to the satisfaction
of the local government, in
consultation with Main Roads
and implemented thereafter.
3. No development on the site is to
exceed a maximum height of 25.5
metres AHD or 4 storeys or
whichever is the lesser, including all
roof top services, plant equipment,
amenities and the like.
4. Development should not exceed a
maximum height of—
(a) 21.0 metres AHD or 3 storeys
or whichever is the lesser,
within 8 metres of the
southern boundary; and
(b) 17.5 metres AHD or 2 storeys
or whichever is the lesser,
within 5 metres of the
southern boundary.
5. Development should not exceed a
maximum height of 17.5 metres
AHD or two storeys whichever is the
lesser on the whole of Lot 19
Canning Highway.
6. The special conditions for this
Additional Use are not open to
variation through any provision of
this Scheme or any other
mechanism.
7. No development approval is to be
granted for a development above the
base density code of R20 unless a
Local Development Plan is prepared
and approved by the Local
Government.
J. O’NEILL, Mayor.
G. TUFFIN, Chief Executive Officer.
———————————
11 February 2022 GOVERNMENT GAZETTE, WA 317
PL402
PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
Shire of Dundas
Local Planning Scheme No. 2—Amendment No. 11
Ref: TPS/2786
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 Dundas Local Planning
Scheme amendment on 21 December 2021 for the purpose of—
In Table 4—Special Use Zones in Scheme Area, for Special Use No. 1—Lot 3 Eyre Highway,
Norseman, delete the text in the ‘Special Use’ and ‘Conditions’ columns and replace with the
text set out below—
Description of
land
Special use Conditions
1 Lot 3 Eyre
Highway,
Norseman
• Transport depot
• Fast food outlet
• Lunch bar
• Motor vehicle wash
• Restaurant/Café
• Service Station
The purpose of this zone is to provide
for the ‘Special Uses’ listed in Column
3 of this Table.
The ‘Special Uses’ listed in Column 3
of this Table are permitted within the
SU1 zone subject to an application for
development approval for any of the
listed uses being submitted to the
local government demonstrating
compliance with relevant provisions
of this scheme and the following
specific conditions of development—
(a) There shall be no drive-through
service for the provision of food
and beverages;
(b) There shall be no retailing or
consumption of alcoholic
beverages as defined under the
Liquor Control Act 1988;
(c) There shall be no provision for
short-term accommodation;
(d) All development is to be set back
a minimum of 10 metres from
any street boundary;
(e) All vehicular access shall be from
Roberts Road only, with no direct
vehicular access to Eyre
Highway;
(f) All loading and service areas,
storage areas and ancillary
equipment such as mechanical
plant shall be appropriately
screened from public view;
(g) The local government may
require the preparation and
submission with an application
for development approval a truck
movement plan and/or a traffic
impact assessment for any new
development or redevelopment
within the SU1 zone.
The truck movement plan and/or
traffic impact assessment is to be
prepared in accordance with the
WAPC’s Transport Impact
Assessment Guidelines (August
2016);
318 GOVERNMENT GAZETTE, WA 11 February 2022
Description of
land
Special use Conditions
(h) Any truck movement plan and/or
traffic impact assessment
required by the local government
shall demonstrate that
commercial vehicles can ingress
and egress the site safely and
that there will be no adverse
impact on traffic safety for
motorists travelling along the
Eyre Highway;
(i) The local government may refer
any application for development
approval to Main Roads Western
Australia or the Department of
Fire and Emergency Services for
comment; and
(j) A Bushfire Management Plan,
prepared by an accredited
bushfire consultant, shall be
lodged with any application for
development approval of a high-
risk land use in accordance with
State Planning Policy 3.7
Planning in Bushfire Prone
Areas.
L. BONZA, President.
P. FITCHAT, Chief Executive Officer.
PREMIER AND CABINET
PR401
INTERPRETATION ACT 1984
COMMITTAL OF ADMINISTRATION OF ACT
It is notified for public information that on 8 February 2022, the Governor, under the Interpretation
Act 1984 section 12(a), committed the administration of the Animal Resources Authority Act 1981 to the
Minister for Science.
N. HAGLEY, Clerk of the Executive Council.
———————————
PR402
INTERPRETATION ACT 1984
COMMITTAL OF ADMINISTRATION OF ACT
It is notified for public information that on 8 February 2022, the Governor, under the Interpretation
Act 1984 section 12(a), committed the administration of the Western Australian Future Health Research
and Innovation Fund Act 2012 (except Part 3) to the Minister for Medical Research and Part 3 of the
Act only to the Treasurer.
N. HAGLEY, Clerk of the Executive Council.
———————————
PR403
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. D. T. Punch MLA to act temporarily in the office of Minister for Culture and the Arts; Sport
and Recreation; International Education; Heritage in the absence of the Hon D. A. Templeman
MLA for the period 18 to 22 April 2022 (both dates inclusive).
E. ROPER, Director General, Department of the Premier and Cabinet.
11 February 2022 GOVERNMENT GAZETTE, WA 319
WORKSAFE
WS401
OCCUPATIONAL SAFETY AND HEALTH ACT 1984
OCCUPATIONAL SAFETY AND HEALTH (CODE OF PRACTICE) NOTICE
Published under section 57(4) of the Occupational Safety and Health Act 1984.
Citation
This notice may be cited as the Occupational Safety and Health (Code of Practice) Notice (No. 1) 2022.
Approval of code of practice
Notice is hereby given that I, the undersigned Minister for Industrial Relations, being the Minister
charged with administration of the Occupational Safety and Health Act 1984, acting in exercise of the
power conferred upon me by section 57(1) of the said Act, do hereby—
(i) approve the Code of Practice: Psychosocial Hazards in the Workplace, 2022.
Commencement
This approval comes into force from the date of publication in the Western Australian Government
Gazette.
Note: A copy of the code of practice referred to in this notice is available on the Department of Mines,
Industry Regulation and Safety website www.dmirs.wa.gov.au. The code of practice can also be made
available in alternative formats, upon request.
HON. BILL JOHNSTON, MLA, Minister for Industrial Relations.
———————————
WS402
OCCUPATIONAL SAFETY AND HEALTH ACT 1984
OCCUPATIONAL SAFETY AND HEALTH (CODE OF PRACTICE) NOTICE
Published under section 57(4) of the Occupational Safety and Health Act 1984.
Citation
This notice may be cited as the Occupational Safety and Health (Code of Practice) Notice (No. 2) 2022.
Approval of code of practice
Notice is hereby given that I, the undersigned Minister for Industrial Relations, being the Minister
charged with administration of the Occupational Safety and Health Act 1984, acting in exercise of the
power conferred upon me by section 57(1) and 57(3) of the said Act, do hereby—
(i) revoke the approval of the Code of Practice: Violence, Aggression and Bullying at Work
published in the Government Gazette on 21 July 2006; and
(ii) approve the Code of Practice: Violence and Aggression at Work, 2022 and the Code of Practice:
Workplace Behaviour, 2022.
Commencement
This approval comes into force from the date of publication in the Western Australian Government
Gazette.
Note: Copies of the codes of practice referred to in this notice are available on the Department of Mines,
Industry Regulation and Safety website www.dmirs.wa.gov.au. The codes of practice can also be made
available in alternative formats, upon request.
HON. BILL JOHNSTON, MLA, Minister for Industrial Relations.
320 GOVERNMENT GAZETTE, WA 11 February 2022
PUBLIC NOTICES
ZZ401
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Valerie Lorraine Holtfreter formerly of 16 Curlew Street, Dudley Park, Western Australia late of
McNamara Lodge, 41 Portrush Parade, Meadow Springs, Western Australia, Carer and Home Duties,
deceased.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in
respect of the estate of the deceased who died on 10 September 2021 are required by the personal
representative to send particulars of their claims to the care of Amanda Liston Legal, PO Box 4234,
North Mandurah WA 6210 by 14 March 2022 after which date the personal representative may convey
or distribute the assets having regard to the claims of which he/she then has notice.
AMANDA LISTON LEGAL as solicitors for the personal representative.
———————————
ZZ402
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 estate of the late Graeme James Deane, deceased, who died on 19 January 2018, are
required by the executor, Lynda Merie Reghenzani, c/- Unit 2, 62 Pinjarra Road, Mandurah WA 6210,
to send particulars of their claims to the Executor within one (1) month from 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 she then has notice.
PETHERICK COTTRELL LAWYERS,
PO Box 1891, Mandurah WA 6210.
Ph: (08) 9535 4604.
Ref: NL:JS:194405.
———————————
ZZ403
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 by the
Executor/Administrator of these estates to send particulars of their claims to the
Executor/Administrator within one month from the date of publication of this Notice after which date
the Executor/Administrator may convey or distribute the assets having regard only to the claims of
which the Executor/Administrator then has notice.
Kevin James Craig late of 63 Widgee Road, Noranda, who died on 28/10/2021.
Kenneth Davidson, late of Menora Gardens, 51 Alexander Drive, Menora, who died on 29/10/2021.
Anne Hibbert late of Cherokee Village, Unit 1/10 Hocking Road, Kingsley, who died on 19/10/2021.
Kaye Frances Judson, late of 215 Lilydale Road, Chidlow, who died on 15/06/2021.
Ellen Margaret Warburton late of Aegis Stirling, 32 Spencer Avenue, Yokine, who died on 05/10/2021.
HAYNES LEEUWIN, Solicitors for the Executors / Administrators,
Suite 2, Ground Floor, 190 Main Street, Osborne Park WA 6017.
Tel: 9409 6300.
———————————
11 February 2022 GOVERNMENT GAZETTE, WA 321
ZZ404
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Notice is hereby given to any persons having claims pursuant to Section 63 of the Trustees Act 1962
against the Estate of Annette Marjorie Regterschot late of 1B Stirton Court, South Bunbury, Western
Australia who died on 27.08.2021, to submit in writing any such claims complete with supporting
documentation to the Executors c/- Ball & Co, PO Box 1281, Bunbury Western Australia 6231, within
31 days of the date of this Notice, after which date the Executors may convey or distribute the assets,
having regard only to the claims of which they have notice.
———————————
ZZ405
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
David Allan Halliday late of 37 Radburne Drive, Hyden, 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 14 March 2021, at Hyden in the said State are required
by the Administrator Michelle Halliday c/- 45 Duke Street, Albany, Western Australia to send
particulars of their claims to David Moss & Co of PO Box 5744, Albany W.A. 6332 by the date one month
following the publication of this notice after which date the Administrator may convey or distribute the
assets having regard only to the claim for which the Administrator then had notice.
———————————
ZZ406
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 and
amendments thereto relate) in respect of the estates of the undermentioned deceased persons are
required by the personal representatives care of Messrs Jackson McDonald, Level 17, 225 St Georges
Terrace, Perth, Western Australia 6000 (GPO Box M971 Perth Western Australia 6843) to send
particulars of their claims to them within one month from the date of publication of this notice at the
expiration of which time the personal representatives may convey or distribute the assets having regard
only to the claims of which they have then had notice—
Geoffrey Gordon Allen deceased late of 66 Clotilde Street, Mount Lawley, Western Australia, who
died on 24 October 2021.
Dated this 7th day of February 2022.
JACKSON McDONALD.
———————————
ZZ407
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Creditors and claimants and other persons having claims (to which Section 63 of the Trustees Act 1962
relates), in respect of the Estate of Norma Eleanor June Chadwick late of 7 Brian Street, Mount Nasura
in the State of Western Australia who died on 18 April 2021, are required by the Executor, Wayne
Hilton Chadwick, to send to Solicitors for the Trustees, Templar Legal Pty Ltd, P.O. Box 8243, Subiaco
WA 6008, particulars of such claims by 14 March 2022. After such date, the Executor may convey or
distribute the assets of the Estate having regard only to the claims of which the Trustee then has notice.
———————————
322 GOVERNMENT GAZETTE, WA 11 February 2022
ZZ408
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
In the matter of the Estate of Thelma Wanda Grogan late of 26 Wooramel Way, Cooloongup in Western
Australia, Sales Person, 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 July 2021, are required by the Executor of care of
Fort Knox Legal, P.O. Box 390, West Perth, WA 6872, to send the particulars of their claims to Fort
Knox Legal by one month from the publication of this notice after which date the Personal
Representative may convey or distribute the assets, having regard only to the claims of which she then
has notice.
———————————
ZZ409
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Jeremy Frank Stronach late of 46 Campbell Road, Denmark, Western Australia, Earthmoving
Contractor, 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 19 December 2020 are required by the trustee, care of
McFarlane Lawyers, PO Box 1079 West Perth WA 6872 to send particulars of their claim to them by
25 March 2022 after which date the trustee may convey or distribute the assets having regard only to
the claims of which they then have notice.
———————————
ZZ410
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 11 March 2022 after which date I may convey or distribute the assets, having
regard only to the claims of which I then have notice.
Armstrong, Pansy, formerly of 21B Villa Maria, Lesmurdie and 14 Ronneby Road, Lesmurdie, late of
Ningana SwanCare, 3 Allen Court, Bentley, who died on 19 January 2022 (DE19982086 EM110).
Barrow, Eileen Marjorie, late of City of Bayswater Hostel, 21 Embleton Avenue, Embleton, who died
on 2 January 2022 (DE19914344 EM37).
Castellas, Li Ken Tan (also known as Judy Castellas), late of 97 The Promenade, Wattle Grove, who
died on 8 December 2021 (DE33188207 EM15).
Corston, Jack Edmund Lankester, formerly of 28 Ward Avenue, Greenmount, late of Regents Garden
Four Seasons, 495 Marmion Street, Booragoon, who died on 29 December 2021
(DE33030126 EM36).
Jackson, Doris Patricia, late of 82 Oakmont Avenue, Meadow Springs, who died on 17 March 2020
(DE19734636 EM18).
Jeredis, Chrissanthi, late of Italian Community, 33 Kent Road, Marangaroo, who died on 27 December
2021 (DE19940203 EM18).
Levins, Mary Elizabeth Patricia (also known as Maureen Elizabeth Patricia Levins and Maureen
Levins), late of Braemar Cooinda, 31 Moorhouse Street, Willagee, who died on 11 December 2021
(DE19871546 EM23).
McCormack, Kathleen June (also known as Ananta June McCormack), late of Air Force Memorial
Estate, 2 Bull Creek Drive, Bull Creek, who died on 14 December 2021 (DE19901466 EM16).
Mudie, John Glen, late of Aegis Hilton Park, 19 Laidlaw Street, Hilton, who died on 26 December 2021
(DE19620996 EM26).
Murray, Robert Hunter, late of Unit 4, 85 Forrest Street, Mandurah, who died on 7 December 2021
(DE19902530 EM18).
Ramsay, Doris Lucy, late of 64 Epsom Avenue, Belmont, who died on 8 September 2021
(DE33037336 EM17).
Timms, Elsie Annabell, late of 4-10 Hayman Road, Bentley, who died on 11 October 2021
(DE19750067 EM18).
11 February 2022 GOVERNMENT GAZETTE, WA 323
Tomich, Frana, late of 62 Sturtridge Road, Lockridge, who died on 4 December 2021
(DE19981120 EM13).
Tutton, Siew Wah (also known as Siew Wah Chiang), formerly of 5 Kaliamba Court, Cannington, late
of Aegis Amherst, 75 Amherst Road, Canning Vale, who died on 30 August 2021
(DE33112230 EM313).
Wendy, Robert Jason, formerly of 5 Currawong Court, Bennett Springs, late of 26B Whitehaven
Crescent, Balga, who died on 15 October 2021 (PM33174058 EM214).
BRIAN ROCHE, Public Trustee,
553 Hay Street, Perth WA 6000.
Telephone: 1300 746 212.
———————————