27 February 2018 GOVERNMENT GAZETTE, WA 531
— PART 1 —
PROCLAMATIONS
AA101
Port Kennedy Development Act 2017
Port Kennedy Development Act 2017
Commencement Proclamation 2018
Made under the Port Kennedy Development Act 2017 section 2(b) by the
Governor in Executive Council.
Citation
This proclamation is the Port Kennedy Development Act 2017
Commencement Proclamation 2018.
Commencement of Act
The Port Kennedy Development Act 2017, other than Part 1,
comes into operation on 27 February 2018.
K. SANDERSON, Governor. L.S.
R. SAFFIOTI, Minister for Planning.
LOCAL GOVERNMENT
LG301
LOCAL GOVERNMENT ACT 1995
Shire of Northam
ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND TRADING
AMENDMENT LOCAL LAW 2018
Under the powers conferred by the Local Government Act 1995 and under all other
powers enabling it, the Council of the Shire of Northam resolved by Absolute
Majority on 17 January 2018 to make the following local law.
Citation
This local law may be cited as the Shire of Northam Activities In Thoroughfares and
Public Places and Trading Amendment Local Law 2018.
Commencement
This local law comes into operation 14 days after the date of its publication in the
Government Gazette.
532 GOVERNMENT GAZETTE, WA 27 February 2018
3. Principal local law
(1) In this local law the Shire of Northam Activities On Thoroughfares and Public
Places and Trading Local Law 2008 as published in the Government Gazette on
16 September 2008, is referred to as the Principal local law.
(2) This local law amends the Principal local law.
4. Title Amended
(1) In the title of the local law, delete the word “ON” and insert the word “IN”.
(2) In clause 1.1, delete the word “on” and insert the word “in”.
5. Clause 1.2 Amended
In clause 1.2—
(1) in the definition of “vehicle” after the words “but excludes” delete “(a)” and
insert “(c)”.
(2) in the definition of “vehicle” after the words “but excludes” delete “(b)” and
insert “(d)”.
(3) in the definition of “vehicle” after the words “but excludes” delete the word
“wheelchair” and insert “mobility scooter”.
6. Clause 2.1(a)(i)(ii) Deleted
Delete sub clauses (i) and (ii).
7. Clause 2.1(a) amended
In clause 2.1(a) after the words “plant any plant on a thoroughfare” insert the words
“except grasses or a similar plant within 10m of an intersection”.
8. Clause 2.1(c) Amended
In clause 2.1(c) delete the words “1m” and insert the words “2m”.
9. Clause 2.4 Amended
(1) In clause 2.4 sub clause (2)(a) delete the word “builder” and insert the word
“person”.
(2) In clause 2.4 subclause (2)(a) delete the words “Local Government (Miscellaneous
Provisions) Act 1960” and insert “Building Act 2011”.
10. Clause 2.4 Amended
In clause 2.4 subclause (2)(b) delete the words “Local Government (Miscellaneous
Provisions) Act 1960” and insert “Building Act 2011”.
11. Clause 2.7 Amended
(1) In clause 2.7 after the words “applies to” insert the word “the”.
(2) In clause 2.7 remove the last letter “s” from the word “townsites”.
12. Clause 3.4 Amended
(1) In clause 3.4(a) sub clause (ix) delete the word “and” after the words “good
condition;”.
(2) In clause 3.4(a) sub clause (ix) delete the “;” after the words “good condition;” and
insert a “.”.
13. Clause 5.1 Amended
In clause 5.1 delete the words “established under the Land Resource Policy Council
within the Office of Premier and Cabinet, but now located in the Department of
Environment and Conservation” and insert the words “appointed by the responsible
Minister”.
14. Clause 6.5(2) Amended
(1) In clause 6.5(2) delete entire sub clause (b).
(2) In clause 6.5(2) subclause (c)(iii) delete the word “or” after the word “property”.
(3) In clause 6.5(2) delete entire sub clause (d).
15. Clause 6.8(1) Amend
In clause 6.8(1) sub clause (c) delete the words “Trade Measurement Administration
Act 2006” and insert the words “National Measurement Act 1960”.
16. Clause 6.17 Amend
(1) In clause 6.17 sub clause (a) delete the word “premises” and insert the word
“business”.
(2) In clause 6.17 sub clause (b) delete the word “premises” and insert the word
“business”.
(3) In clause 6.17 sub clause (b) delete the word “are” before the word “registered”
and insert the word “is”.
27 February 2018 GOVERNMENT GAZETTE, WA 533
(4) In clause 6.17 sub clause (b) delete the words “Health Act 1911” and insert the
words “Food Act 2008”.
(5) In clause 6.17 delete sub clause (c).
17. Clause 6.18 Amended
(1) In clause 6.18 sub clause (a) delete all words after “provisions of this local law”.
(2) In clause 6.18 delete sub clause (e).
18. Clause 7.7(2) Amended
(1) In clause 7.7 sub clause (b) move the following words “shall apply to an
application for the renewal of a permit with all the necessary changes required.”
next to the word “renewed,”.
(2) In clause 7.7 sub clause (b) delete the words “mutatis mutandis” and insert the
words “with all the necessary changes as required”.
19. Clause 10.4 Amended
In clause 10.4 delete sub clause (3).
20. Clause 10.5 Amended
(1) In clause 10.5 sub clause (a) delete the word “Regulations” and insert the words
“Local Government (Functions and General) Regulations 1996”.
(2) In clause 10.5 sub clause (b) delete the word “Regulations” and insert the words
“Local Government (Functions and General) Regulations 1996”.
(3) In clause 10.5 sub clause (c) delete the word “Regulations” and insert the words
“Local Government (Functions and General) Regulations 1996”.
Clause Description
Modified
Penalty
$
2.1(a) Plant of 0.75m in height on thoroughfare within 10m of
intersection
150
2.1(b) Damaging lawn or garden 150
2.1(c) Plant (except grass) on thoroughfare within 2m of
carriageway
150
2.1(d) Placing hazardous substance on footpath 150
2.1(f) Playing games so as to impede vehicles or persons on
thoroughfare
150
2.1(g) Riding of skateboard or similar device on mall or
verandah of shopping centre
150
2.2(1)(a) Digging a trench through a kerb or footpath without a
permit
150
2.2(1)(b) Throwing or placing anything on a verge without a
permit
150
2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare
without a permit
150
2.2(1)(h) Felling tree onto thoroughfare without a permit 150
2.2(1)(i) Installing pipes or stone on thoroughfare without a
permit
150
2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 150
2.2(1)(l) Placing a bulk rubbish container on a thoroughfare
without a permit
150
2.2(1)(m) Interfering with anything on a thoroughfare without a
permit
150
2.3(1) Consumption or possession of liquor on thoroughfare 150
2.10 Failure to maintain permissible verge treatment or
placement of obstruction on verge
150
2.11 Failure to comply with notice to rectify a verge treatment 150
2.17(2) Failure to comply with sign on public place 150
3.2(1) Placing advertising sign or affixing any advertisement on
a thoroughfare without a permit
150
3.2(3) Erecting or placing of advertising sign in a prohibited
area
150
4.1(1) Animal or vehicle obstructing a public place or local
government property
150
4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 150
4.2(2)(b) Animal on public place with infectious disease 150
534 GOVERNMENT GAZETTE, WA 27 February 2018
Clause Description
Modified
Penalty
$
4.2(2)(c) Training or racing animal on thoroughfare in built-up
area
150
4.2(3) Horse led, ridden or driven on thoroughfare in built-up
area
150
4.5 Person leaving shopping trolley in public place other than
trolley bay
150
4.6(2) Failure to remove shopping trolley upon being advised of
location
150
5.11 Failure to obtain permit to clear a thoroughfare 500
5.13 Burning of thoroughfare without a permit 500
5.17 Construction of firebreak on thoroughfare without a
permit
500
5.19 Commercial harvesting of native flora on thoroughfare 500
6.8(1)(a) Failure of stallholder or trader to display or carry permit 150
6.8(1)(b) Stallholder or trader not displaying valid permit 150
6.8(1)(c) Stallholder or trader not carrying certified scales when
selling goods by weight
150
6.8(2) Stallholder or trader engaged in prohibited conduct 150
6.10 Performing in a public place without a permit 150
6.11(2) Failure of performer to move onto another area when
directed
150
6.14 Failure of performer to comply with obligations 150
6.18 Failure of permit holder of outdoor eating Facility to
comply with obligations
150
6.20(1) Use of equipment of outdoor eating Facility without
purchase of food or drink from Facility
100
6.20(2) Failure to leave outdoor eating Facility when requested
to do so by permit holder
100
7.5 Failure to comply with a condition of a permit 150
7.9 Failure to produce permit on request of authorized
person
150
10.1 Failure to comply with notice given under local law 150
————
Dated: 15 February 2018.
The Common Seal of the Shire of Northam was affixed by authority of a resolution of
Council in the presence of—
CHRISTOPHER R. ANTONIO, President.
JASON B. WHITEAKER, Chief Executive Officer.
———————————
LG302
WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
LOCAL GOVERNMENT ACT 1995
Town of East Fremantle
WASTE AMENDMENT LOCAL LAW 2017
Under the powers conferred by the Waste Avoidance and Resource Recovery Act 2007
and the Local Government Act 1995 and all other powers enabling it, the Council of
the Town of East Fremantle resolved on 20 February 2018 to adopt the following
local law.
1.1 Citation
This local law is cited as the Town of East Fremantle Waste Amendment Local
Law 2017.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the
Government Gazette.
27 February 2018 GOVERNMENT GAZETTE, WA 535
1.3 Town of East Fremantle Waste Local Law 2017 amended
The Town of East Fremantle Waste Local Law 2017 published in the Government
Gazette on 31 March 2017 is amended as follows—
(a) In clause 1.6, the definition of ‘vectors of disease’ is deleted; and
(b) After Part 4, Part 5 is inserted as follows—
Part 5—Objection and Appeal
5.1 Objection and appeal rights
Division 1 of Part 9 of the Local Government Act 1995 applies to a decision under
this local law to grant, renew, vary or cancel—
(a) An approval under clause 2.6(b);
(b) An exemption under clause 2.7(2);
(c) An authorisation under clause 2.8(b);
(d) An approval under clause 2.9(1);
(e) An authorisation under clause 3.2(1)(c);
(f) An approval under clause 3.2(2);
(g) An approval under clause 3.3; and
(h) An approval under clause 3.4(2)(a).
————
Consented to—
KELLY FAULKNER, A/Chief Executive Officer,
Department of Water and Environmental Regulation.
Dated: 15 January 2018.
————
The Common Seal of the Town of East Fremantle was affixed by authority of a
resolution of the Council in the presence of—
MICHAEL McPHAIL, Deputy Mayor.
GARY TUFFIN, Chief Executive Officer.
Dated this 21st day of February 2018.
———————————
536 GOVERNMENT GAZETTE, WA 27 February 2018
— PART 2 —
CONSUMER PROTECTION
CP401
RETAIL TRADING HOURS ACT 1987
RETAIL TRADING HOURS (PERTH METROPOLITAN AREA) PUBLIC HOLIDAY
VARIATION ORDER 2018
Made by the Minister for Commerce and Industrial Relations under section 12E of the Act.
Citation
This order is the Retail Trading Hours (Perth Metropolitan Area) Public Holiday Variation
Order 2018.
Commencement
This order comes into operation as follows—
(a) clauses 1 and 2—on the day on which this order is published in the Gazette;
(b) the rest of the order—on the day after that day.
Variation of retail trading hours
(1) General retail shops, other than motor vehicle shops, in the Perth metropolitan area, are
authorised to be open, at times when those shops would otherwise be required to be closed—
(a) on each day specified in the Table; and
(b) during the hours specified for that day in the Table.
Table
Day Hours
Monday 5 March 2018 From 8.00 am until 6.00 pm
Monday 2 April 2018 From 8.00 am until 6.00 pm
Relationship with Retail Trading Hours (Public Holidays) Order 2012
This order has effect despite the Retail Trading Hours (Public Holidays) Order 2012.
W. JOHNSTON, Minister for Commerce and Industrial Relations.
EDUCATION
ED401
SCHOOL EDUCATION ACT 1999
DECLARATION OF LOCAL-INTAKE AREAS FOR SCHOOLS WITH SECONDARY STUDENTS
(Pursuant to Sections 60, 78, 79 and 80)
The Hon. Minister for Education has declared that the local-intake areas for the secondary schools
listed hereunder shall be as stated in this notice. Children of compulsory school age who reside within
the local-intake areas of the following secondary schools shall be entitled to attend the schools to
which such local-intake areas apply if there is an appropriate educational program for them at that
school. Children who reside outside these local-intake areas may apply to attend the schools to which
such local-intake areas apply.
SHARYN O’NEILL, Director-General of Education.
————
INNER CITY COLLEGE (Planning Name) (Feb18)
The following will define the local-intake area of this school from 2020—
From the point on the Swan River foreshore where the Narrows Bridge crosses over Riverside
Drive, west through Kings Park to the junction of Thomas Street and Nicholson Road, west along
Nicholson Road (north side included) to Hensman Road, north along Hensman Road (east side
27 February 2018 GOVERNMENT GAZETTE, WA 537
included) to Barker Road, west along Barker Road (north side included) to Railway Road, north
east along Railway Road (east side included) to the intersection of Hay Street, Railway Road and
Roberts Road, north east along Roberts Road (south east side included) to Centro Avenue, north
west along Centro Avenue (north east side included) to Harborne Street, north along Harborne
Street (east side included) to Grantham Street, west along Grantham Street (north side included)
to Alexander Street, north along Alexander Street (east side included) to Herdsman Parade, west
along Herdsman Parade (north side included) to Moondine Drive, north along Moondine Drive
(east side included) to the shore of Herdsman Lake, north along the shore of Herdsman Lake to a
point on the south west extension of Gould Street, north east along the aforesaid extension and
continuing north east along Gould Street (south east side included) to Walters Drive, south east
along Walters Drive (south west side included) to the un-named lane between Walters Drive and
Scarborough Beach Road, north east along this un-named lane (south east side included) to
Scarborough Beach Road, south east and east along Scarborough Beach Road (south west and
south sides included) to the intersection of Scarborough Beach Road, Green Street, Brady Street,
and Main Street, east along Green Street (south side included) to the intersection of Green Street
and London Street, south along London Street (west side included) to the intersection of London
Street, Loftus Street and Scarborough Beach Road, south along Loftus Street (west side included)
to the intersection of Loftus Street and Newcastle Street, south east along Newcastle Street
(south west side included) to the junction of Newcastle Street and Lord Street, north east and
east along the Graham Farmer Freeway (south side included) to the Swan River foreshore, south
and south west along the Swan River foreshore to the point where Narrows Bridge crosses over
Riverside Drive.
The following defines an optional area between Inner City College (planning name) and Dianella
Secondary College—
From the intersection of Scarborough Beach Road and Mitchell Freeway, north along Mitchell
Freeway (east side included), to Roberts Street, east along Roberts Street (south side included) to
Wanneroo Road, south along Wanneroo Road (west side included) to Charles Street, south along
Charles Street (west side included) to the intersection of Charles Street and Green Street, west
along Green Street (north side included) to the intersection of Green Street, Scarborough Beach
Road, Brady Street, and Main Street, west along Scarborough Beach Road (north side included) to
the intersection of Scarborough Beach Road and Mitchell Freeway.
The following defines an optional area between Inner City College (planning name) and Shenton
College—
From the intersection of Nicholson Road and Hensman Road, north along Hensman Road (west
side included) to Barker Road, west along Barker Road (south side included) to Railway Road,
south west along Railway Road (south east side included) to Nicholson Road, and east along
Nicholson Road (north side included) to Hensman Road.
The following defines an optional area between Inner City College (planning name) and Shenton
College—
From the intersection of Cambridge Street and Harborne Street, west along Cambridge Street
(south side included) to Denton Street, south along Denton Street (east side included) to Old
Jacaranda Way, south along Old Jacaranda Way (east side included) and its southern extension
through the lake to the circular pathway, south along the circular pathway to the steps leading to
the walkway leading to Rossello Lane, south west up the steps to the walkway, south west along
the walkway between 50 Rossello Lane (excluded) and 52 Rossello Lane (included) to Rossello
Lane, south east along Rossello Lane (north east side included) to the junction with Price Street,
south west through Lords Recreation Centre to the junction of Hay Street and Troy Terrace, east
along Hay Street (north side included) to Roberts Road, generally north east along Roberts Road
(north west side included) to Centro Avenue), north west along Centro Avenue (south west side
included) to Harborne Street and north along Harborne Street (west side included) to Cambridge
Street.
SHENTON COLLEGE (Feb18)
The following will define the local-intake area of this school from 2020—
From the point on the Swan River foreshore where the Narrows Bridge crosses over Riverside
Drive, west through Kings Park to the junction of Thomas Street and Nicholson Road, west along
Nicholson Road (south side included) to Railway Road, north east along Railway Road (north west
side included) to the intersection of Hay Street, Railway Road and Roberts Road, west along Hay
Street (south side included) to Troy Terrace, north east through Lords Recreation Centre to the
junction of Price Street and Rossello Lane, north west along Rossello Lane (south west side
included) to the walkway between 50 Rossello Lane and 52 Rossello Lane, north east along the
walkway between 50 Rossello Lane (included) and 52 Rossello Lane (excluded), to the steps
leading to the circular pathway, down the steps to the circular pathway, north along the pathway
to a point due south of the centre of the lake, north through the centre of the lake to Old
Jacaranda Way and continuing north along Old Jacaranada Way (west side included) to Denton
Street, north along Denton Street (west side included) to Cambridge Street, east along Cambridge
Street (north side included) to Harborne Street, north along Harborne Street (west side included)
to Grantham Street, west along Grantham Street (south side included) to The Boulevard, north
west and west along The Boulevard (south side included) and its western extension to the
coastline, south along the coastline to the local government boundary between Town of Mosman
Park and the City of Fremantle, east along this local government boundary to the Swan River
foreshore, in a generally northerly and easterly direction along the Swan River foreshore to the
point where the Narrows Bridge crosses over Riverside Drive.
538 GOVERNMENT GAZETTE, WA 27 February 2018
The following defines an optional area between John Curtin College of the Arts, Melville Senior High
School, Shenton College and Fremantle College—
From the Stirling Bridge, north along the Swan River western foreshore to the local government
boundary between the City of Fremantle and the Town of Mosman Park, north and west along
this local government boundary to the coastline of the Indian Ocean, south along the coastline to
North Mole, east and north east along the north wharf of Fremantle Harbour and the northern
foreshore of the Swan River to the Stirling Bridge.
The following defines an optional area between Inner City College (planning name) and Shenton
College—
From the intersection of Nicholson Road and Hensman Road, north along Hensman Road (west
side included) to Barker Road, west along Barker Road (south side included) to Railway Road,
south west along Railway Road (south east side included) to Nicholson Road, and east along
Nicholson Road (north side included) to Hensman Road.
The following defines an optional area between Inner City College (planning name) and Shenton
College—
From the intersection of Cambridge Street and Harborne Street, west along Cambridge Street
(south side included) to Denton Street, south along Denton Street (east side included) to Old
Jacaranda Way, south along Old Jacaranda Way (east side included) and its southern extension
through the lake to the circular pathway, south along the circular pathway to the steps leading to
the walkway leading to Rossello Lane, south west up the steps to the walkway, south west along
the walkway between 50 Rossello Lane (excluded) and 52 Rossello Lane (included) to Rossello
Lane, south east along Rossello Lane (north east side included) to the junction with Price Street,
south west through Lords Recreation Centre to the junction of Hay Street and Troy Terrace, east
along Hay Street (north side included) to Roberts Road, generally north east along Roberts Road
(north west side included) to Centro Avenue), north west along Centro Avenue (south west side
included) to Harborne Street and north along Harborne Street (west side included) to Cambridge
Street.
Note: All families with children currently living in the existing local intake area for Shenton College
will have the choice for their children to attend either their current local intake school or their new
local intake area school (if it has changed) from 2020.
FISHERIES
FI401
FISH RESOURCES MANAGEMENT ACT 1994
STATEMENT OF DETERMINATION
Abalone Management Plan 1992
I Heather Brayford, Deputy Director General Sustainability and Biosecurity as delegate for the Chief
Executive Officer of the Department of Primary Industries and Regional Development Western
Australia, pursuant to clause 11(3) of the Abalone Management Plan 1992, hereby make a
determination in regard to the maximum quantity of abalone that may be taken from the relevant
areas of the Abalone Managed Fishery during the licensing period commencing on 1 April 2018, as set
out below—
Area 1—
5,000 kilograms of Roe’s abalone (whole weight)
1,200 kilograms of Greenlip abalone (meat weight)
60 kilograms of Brownlip abalone (meat weight)
Area 2—
12,000 kilograms of Roe’s abalone (whole weight)
9,000 kilograms of Greenlip abalone (meat weight)
5,000 kilograms of Brownlip abalone (meat weight)
Area 3—
8,000 kilograms of Greenlip abalone (meat weight)
5,000 kilograms of Brownlip abalone (meat weight)
Area 4—
0 kilograms of Greenlip abalone (meat weight)
0 kilograms of Brownlip abalone (meat weight)
Area 5—
15,000 kilograms of Roe’s abalone (whole weight)
Area 6—
12,000 kilograms of Roe’s abalone (whole weight)
Area 7—
24,000 kilograms of Roe’s abalone (whole weight)
27 February 2018 GOVERNMENT GAZETTE, WA 539
Area 8—
0 kilograms of Roe’s abalone (whole weight)
HEATHER BRAYFORD, Deputy Director General Sustainability
and Biosecurity as delegate for the Chief Executive Officer.
Dated this 23rd day of February 2018.
LANDS
LA401
LICENSED SURVEYORS ACT 1909
LAND SURVEYORS LICENSING BOARD
Register of Licensed Surveyors
In accordance with Section 12 of the Licensed Surveyors Act 1909, the register of licensed surveyors
can be inspected at the Board’s website—www.lslb.wa.gov.au
GRAEME HOLLOWAY, Secretary,
Land Surveyors Licensing Board.
www.lslb.wa.gov.au
MARINE/MARITIME
MA401
WESTERN AUSTRALIAN MARINE ACT 1982
NAVIGABLE WATERS REGULATIONS 1958
PROHIBITED SWIMMING AREA
Shire of Augusta-Margaret River
Department of Transport,
Fremantle WA, 27th February 2018.
Acting pursuant to the powers conferred by Regulation 10A (b) of the Navigable Waters
Regulations 1958, I hereby close the following area of water to swimming between 7:30pm and
8:30pm on Sunday 4th March 2018.
Augusta River Mouth
All the waters within a 100 metre radius of the firing point located at approximately 34° 19.468′S,
115° 10.309′E (approximately 230 metres east of Albany Terrace).
This area is set aside for safety measures during the set up and display of pyrotechnics.
CHRISTOPHER J. MATHER, Director of Waterways Safety Management,
Department of Transport.
———————————
MA402
WESTERN AUSTRALIAN MARINE ACT 1982
NAVIGABLE WATERS REGULATIONS 1958
PROHIBITED SWIMMING AREA
Point Walter Foreshore, Swan River
City of Melville
Department of Transport,
Fremantle WA, 27th February 2018.
Acting pursuant to the powers conferred by Regulation 10A (b) of the Navigable Waters
Regulations 1958, I hereby close all of the following waters to swimming between the hours of 7:45pm
and 8:15pm on Sunday 4th March 2018.
Point Walter Foreshore, Swan River
Area of Closure—All the waters within a 150 metre radius of the firing point located at approximately
32°0.617′S, 115°47.324′E, (approximately 130 metres northeast of the Point Walter Jetty).
This area is set aside for safety measures during the set up and display of pyrotechnics.
CHRISTOPHER J. MATHER, Director Waterways Safety Management,
Department of Transport.
540 GOVERNMENT GAZETTE, WA 27 February 2018
MINERALS AND PETROLEUM
MP401
PETROLEUM PIPELINES ACT 1969
VARIATION STP-PLV-0077 OF PETROLEUM PIPELINE LICENCE PL 4
Petroleum Pipeline Licence PL 40 held by DBNGP (WA) Nominees Pty Ltd has, by instrument of
variation STP-PLV-0077, been varied to insert into the Attachment to Application for Variation
7P/08-9 to Pipeline Licence PL 40 dated 6 July 2009, of Variation 7P/08-9 a Basis of Design to allow
the installation and operation of the Pluto Interconnect Compressor Facilities.
RONALD MARK GABRIELSON, Acting Executive Director Resource Tenure,
Resource Tenure Division.
PLANNING
PL402
PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
City of Melville
Local Planning Scheme No. 6—Amendment No. 2
Ref: TPS/1968
It is hereby notified for public information, in accordance with section 87 of the Planning and
Development Act 2005 that the Minister for Planning approved the City of Melville Local Planning
Scheme amendment on 16 February 2018 for the purpose of—
Changing the R12.5 density code of the area surrounded by Riverview Terrace (south of
Gunbower Road), Cowrie Crescent, Springside Avenue, and the lots abutting the eastern side of
Bateman Road (between Canning Avenue and Gunbower Road), to R20; and
Changing the R12.5 density code of the area bordered by the Esplanade, Coogee Road, Ullapool
Road and Hawkins Street, Mount Pleasant, to R20.
R. AUBREY, Mayor.
S. SILCOX, Chief Executive Officer.
———————————
PL403
PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
Shire of Murray
Local Planning Scheme No. 4—Amendment No. 296
Ref: TPS/2056
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 Murray Local Planning
Scheme amendment on 16 February 2018 for the purpose of—
Insert a definition for ‘building envelope’ in Appendix I in appropriate alphabetical order as
follows—
Building envelope means the area of land within which all buildings and effluent disposal
facilities on a lot must be contained.
Insert a new clause 7.6 as follows—
7.6 Building Envelopes
7.6.1 The objectives of building envelopes are to—
(a) position and cluster buildings on a lot so as to minimise adverse visual impacts on the
landscape character, streetscape and amenity of an area;
(b) ensure buildings and effluent disposal facilities are adequately separated from water
courses, wetlands, ground water, flood prone areas, areas of inundation, sources of
transport noise and other environmental or site features;
27 February 2018 GOVERNMENT GAZETTE, WA 541
(c) minimise the need to clear significant vegetation or areas of revegetation for the
construction of buildings and effluent disposal facilities;
(d) avoid constructing buildings and effluent disposal facilities where ground or soil
conditions may be unsuitable; and
(e) assist in the effective management of bush fire risk.
7.6.2 A building envelope may be prepared for a lot if—
(a) a provision of this scheme or a structure plan prepared under this scheme requires a
building envelope to be prepared;
(b) the Western Australian Planning Commission has imposed a requirement for the
preparation of a building envelope as a condition of approval of a plan of subdivision; or
(c) the local government or Western Australian Planning Commission has imposed a
requirement for the preparation of a building envelope as a condition of development
approval.
7.6.3 A building envelope prepared under clause 7.6.2 shall take effect upon approval by the
local government. For the purposes of this clause, the local government shall be taken to have
approved a building envelope where it has issued approval in writing of—
(a) a building envelope prepared in satisfaction of a condition of subdivision approval;
(b) a building envelope prepared in satisfaction of a condition of development approval;
(c) a building envelope required to be prepared under a structure plan;
(d) a structure plan in which a building envelope is depicted;
(e) a building envelope required to be prepared in satisfaction of a provision of this scheme;
or
(f) an application for approval, relocation or modification of a building envelope pursuant
to cl. 7.6.4.
Where a building envelope is approved by the local government then that approval shall
supersede all previously approved building envelopes for that lot.
7.6.4 Without detracting from clause 7.6.2, a landowner or agent of a landowner may make
application to the local government to—
(a) approve a building envelope; or
(b) relocate or otherwise modify a building envelope included in the building envelope
register.
An application pursuant to this clause must be in the form of an application for development
approval.
7.6.5 In considering an application to approve, relocate or modify a building envelope or a
building envelope otherwise prepared under clause 7.6.2, the local government—
(a) must have regard to the objectives and provisions set out in this clause 7.6;
(b) may, where it considers the proposal could have a significant impact on amenity,
consult with neighbouring landowners; and
(c) where it has consulted under paragraph (b) must have due regard to any submissions
received.
7.6.6 Subject to clause 7.6.8(b), only one building envelope may be permitted on a lot.
7.6.7 A building envelope must—
(a) not exceed 2,000m² in area unless—
i. the lot within which the building envelope is situated is zoned Farmlet, in which
case the building envelope must not exceed 4,000m² in area; or
ii. the lot within which the building envelope is situated is zoned Special
Residential, in which case the building envelope must not exceed 1,000m² in area;
(b) be regular in shape;
(c) be situated so as to—
i. comply with any building setback distance specified by another provision of this
scheme, or where a setback distance is not specified by another provision of this
scheme then—
A. if the lot within which the building envelope is situated is zoned Special
Residential and abuts River Glen Drive, Towera Road or Jacaranda Drive,
North Yunderup, be situated 10 metres from a primary street boundary,
10 metres from the rear boundary and 5 metres from a side boundary; and
B. in any other case be situated no less than 20 metres from a primary street
boundary of a lot and 10 metres from all other lot boundaries;
ii. minimize the need for clearing of areas with significant native vegetation,
revegetation areas, flood prone areas or areas of ground water inundation;
iii. provide for adequate separation of buildings and effluent disposal facilities from
water courses, wetlands, ground water, fire prone areas, sources of transport
noise and other environmental or site features;
542 GOVERNMENT GAZETTE, WA 27 February 2018
iv. preclude the location of buildings and effluent disposal facilities which would
have an adverse impact on the existing or planned landscape character of an area
or where ground or soil conditions may be unsuitable; and
v. align with any requirements arising from the implementation of State Planning
Policy 3.7—Planning in Bushfire Prone Areas.
7.6.8 Notwithstanding clause 7.6.6, where necessary to protect the environmental features of
a lot the local government may approve—
(a) the location of a building envelope closer to one or more lot boundaries than the setback
distances specified in clause 7.6.7; and
(b) a second building envelope on a lot, provided the aggregate area of the two building
envelopes does not exceed the maximum size for the building envelope specified by
clause 7.6.7(a).
In exercising its discretion pursuant to this clause 7.6.8, the local government must consider
the impact of the proposal on the amenity of the area and may consult with affected
neighbouring owners.
7.6.9 The local government must establish and maintain a building envelope register. The
building envelope register—
(a) must contain details of all approved building envelopes;
(b) must be kept available, with the Scheme documents, for public inspection during
business hours at the offices of the local government; and
(c) may be published on the website of the local government.
7.6.10 Where a building envelope is included in the building envelope register then every
building and all effluent disposal facilities developed on the lot which the building envelope
relates to must be located within the building envelope, with the exception of small scale,
unenclosed animal shelters or other structures as specified by another provision of the
Scheme, provided the shelter or other structure is—
(a) located not closer to a lot boundary than the setback distances specified in clause 7.6.7
(b) not located within a visually prominent position or in close proximity to a building
envelope on an adjoining lot;
(c) constructed using materials and colours that do not detract from the visual character
and amenity of the area; and
(d) which do not require the clearing of any significant vegetation on the lot or impact on
any other significant environmental feature;
7.6.11 Where a building envelope was approved by the local government prior to the gazettal
of this clause as an amendment to this Scheme, it shall be entered in the building envelope
register and continue to have effect as if it were a building envelope approved under this
clause.
M. REID, President.
D. UNSWORTH, Chief Executive Officer.
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PL401
PLANNING AND DEVELOPMENT ACT 2005
METROPOLITAN REGION SCHEME MINOR AMENDMENT 1320/57
Western Power Omnibus 2
Approved Amendment
File: 833-2-1-69 Pt 1 (RLS/0670/1)
The Minister for Planning has approved, as modified, the abovementioned amendment to the
Metropolitan Region Scheme. The amendment is shown on Western Australian Planning Commission
amending plans 1.7433, 1.7434, 1.7435/1, 1.7536/1, 1.7537 and 1.7438 is effective from the date of
publication of this notice in the Government Gazette.
Copies of the amendment and the accompanying report on submissions are available for public
inspection from Tuesday 27 February 2018 to Friday 23 March 2018 at—
Western Australian Planning Commission, 140 William Street, Perth
J S Battye Library, Level 3 Alexander Library Building, Perth Cultural Centre
City of Canning
City of Cockburn
City of Fremantle
City of Gosnells
City of Joondalup
City of Kalamunda
City of Melville
City of Nedlands
27 February 2018 GOVERNMENT GAZETTE, WA 543
City of Rockingham
City of Stirling
City of Swan
City of Vincent
City of Wanneroo
Town of Bassendean
Town of Cottesloe
Town of Victoria Park
Documents are also available from the PlanningWA website www.planning.wa.gov.au.
KERRINE BLENKINSOP, Secretary,
Western Australian Planning Commission.
———————————
PL404
PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
Shire of Capel
Local Planning Scheme No. 7—Amendment No. 66
Ref: TPS/2104
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 Capel Local Planning
Scheme amendment on 9 February 2018 for the purpose of—
Adding ‘Single Dwelling’ to Appendix 4 Special Use Zone Permitted Uses for Pt Sub Lot 49,
Capel Drive, Capel.
M. SCOTT, Shire President.
P. SHEEDY, Chief Executive Officer.
———————————
PL405
PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
City of Stirling
Local Planning Scheme No. 3—Amendment No. 87
Ref: TPS/2029
It is hereby notified for public information, in accordance with section 87 of the Planning and
Development Act 2005 that the Minister for Planning approved the City of Stirling Local Planning
Scheme amendment on 13 December 2017 for the purpose of—
Modifying the Scheme Map by rezoning Lot 256, House Number 249, West Coast Drive,
North Beach from ‘Residential (R20)’ to ‘Local Centre’.
M. IRWIN, Mayor.
S. JARDINE, Chief Executive Officer.
———————————
PL406
PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
City of Stirling
Local Planning Scheme No. 3—Amendment No. 93
Ref: TPS/2030
It is hereby notified for public information, in accordance with section 87 of the Planning and
Development Act 2005 that the Minister for Planning approved the City of Stirling Local Planning
Scheme amendment on 13 December 2017 for the purpose of—
Modifying ‘Table 1—Zoning Table’ in the Scheme Text by replacing the symbol ‘X’ with the
symbol ‘D2’ into the ‘Local Centre’ Zone for the ‘Short Stay Accommodation’ Use Class.
M. IRWIN, Mayor.
S. JARDINE, Chief Executive Officer.
544 GOVERNMENT GAZETTE, WA 27 February 2018
PL407
PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
City of Stirling
Local Planning Scheme No. 3—Amendment No. 89
Ref: TPS/2049
It is hereby notified for public information, in accordance with section 87 of the Planning and
Development Act 2005 that the Minister for Planning approved the City of Stirling Local Planning
Scheme amendment on 21 December 2017 for the purpose of—
Replacing ‘ROW Map 1 DCA 5’ contained in Schedule 11A Development Contribution Plan of
the Scheme Text with the following modified map—
G. ITALIANO JP, Mayor.
S. JARDINE, Chief Executive Officer.
27 February 2018 GOVERNMENT GAZETTE, WA 545
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. Saffioti MLA to act temporarily in the office of Minister for Mines and Petroleum;
Commerce and Industrial Relations; Electoral Affairs; Asian Engagement in the absence of the
Hon W. J. Johnston MLA for the period 25 to 28 March 2018 (both dates inclusive).
D. FOSTER, Director General,
Department of the Premier and Cabinet.
RACING, GAMING AND LIQUOR
RA401
LIQUOR CONTROL ACT 1988
LIQUOR APPLICATIONS
The following are applications received under the Liquor Control Act 1988 (the Act) and required to be
advertised.
Any person wishing to obtain more details about any application, or about the objection process,
should contact Racing, Gaming and Liquor, Level 2, Gordon Stephenson House, 140 William Street,
Perth, Telephone: (08) 6551 4888, or consult a solicitor or relevant industry organisation.
App. No. Applicant Nature of Application
Last Date
for
Objections
APPLICATIONS FOR THE GRANT OF A LICENCE
A000254807 Finlay Brews Pty
Ltd
Application for the conditional grant of a
producer’s licence in respect of premises
situated in Kalbarri and known as Finlay’s
Kalbarri.
05/03/2018
A000256927 Linkar Group Pty
Ltd
Application for the conditional grant of a
Special Facility—Tourism licence in
respect of premises situated in Perth and
known as Linkar Wine Pty Ltd.
31/03/2018
A000257434 Spring17 Pty Ltd Application for the conditional grant of a
Tavern Restricted licence in respect of
premises situated in Applecross and
known as The Quarter Acre Hotel.
19/03/2018
APPLICATION TO ADD, VARY OR CANCEL A CONDITION OF LICENCE
A000256876 Filigree Holdings
Pty Ltd
Application for the Variation of trading
conditions of an Extended Trading
Permit—Ongoing Hours for a Hotel licence
in respect of premises situated in
Kalgoorlie and known as The Exchange
Hotel.
09/03/2018
APPLICATION FOR EXTENDED TRADING PERMITS—LIQUOR WITHOUT A MEAL
A000252156 Amarettos (WA) Pty
Ltd
Application for the grant of a Liquor
Without a Meal Permit for a Restaurant
licence in respect of premises situated in
Ellenbrook and known as Amarettos.
11/03/2018
This notice is published under section 67(5) of the Act.
DIRECTOR OF LIQUOR LICENSING.
Dated: 23 February 2018.
546 GOVERNMENT GAZETTE, WA 27 February 2018
DECEASED ESTATES
ZX401
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
James Joseph Kennedy, late of 253 Albert Street, Balcatta, 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 November 2017, are required by the Executors of
the deceased, Jane and Malcolm Johns of 24 Bembridge Loop, Hocking WA 6065 to send particulars
of their claims to them by 27 March 2018, after which date the Executors may convey or distribute
the assets having regard only to the claims of which they then have notice
———————————
ZX402
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Estate of Peter Jack Kailis, late of 3739 Caves Road, Wilyabrup, 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 3 September 2017, are required by the
administrator of the deceased’s estate, being Cary Palassis Kailis, care of Summers Legal, 104 Colin
Street, West Perth WA 6005, to send particulars of their claims to him within one month from the
date of publication of this notice, after which date the administrator may convey or distribute the
assets, having regard only to the claims of which he has notice.
SUMMERS LEGAL.
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ZX403
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Any creditors having a claim on the estate of the late Joan Halpern of 1A Avonmore Terrace,
Cottesloe, Western Australia, deceased 30 July 2017, are required to send particulars of their claims
to Morgan Solomon, Solicitor for the executors, Solomon Hollett Lawyers, Level 3, 33 Richardson
Street, West Perth WA 6005 by 27 March 2018, after which date the executors may distribute the
assets having regard only to the claims of which they then have notice.
———————————
ZX404
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Any creditors having a claim on the estate of the late Denise Mews of 1 Valley Close, Canning Vale,
Western Australia, deceased 7 June 2017, are required to send particulars of their claims to Morgan
Solomon, Solicitor for the executors, Solomon Hollett Lawyers, Level 3, 33 Richardson Street, West
Perth WA 6005 by 27 March 2018, after which date the executors may distribute the assets having
regard only to the claims of which they then have notice.
27 February 2018 GOVERNMENT GAZETTE, WA 547
ZX405
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
George James Keenan, late of 19 Roscorla Avenue, Yokine, 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 7 October 2017, are required by the Executor,
Michael Joseph Keenan of 91 Kilda Road, Rivervale, Western Australia, to send particulars of their
claims within one month of the date of publication of this notice to him, after which date he may
convey or distribute the assets, having regard only to the claims of which he then has notice.
———————————
ZX406
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 at Ellery Brookman, Locked Bag 400, Kalgoorlie WA 6433, by the date being one
month following the publication of this notice, after which date I may convey or distribute the assets,
having regard only to claims of which I then have notice.
Ivan Borovina, late of Lot 1425 Circle Valley Road, Salmon Gums, died 5 April 2017.
Helen Mary James, late of Kalkarni Residency, Lot 456 Whittington Street, Brookton, died 12 July
2015.
Beverley Patricia Love, late of 75 North Terrace, Boulder, died 27 August 2017.
Francis Gerard Sloane, late of 64A Amanda Drive, Westfield, died 14 March 2017.
LISA ELLERY, Ellery Brookman, Executor.
———————————
ZX407
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 Mary Agnes Gilbert, late of 30138 Albany Highway, Kendenup
Western Australia, who died on 16 May 2017, are required by the Executor, Terence John Gilbert to
send particulars of their claims addressed to the Executor, Estate of the late Mary Agnes Gilbert care
of Leach Legal, Level 15, 240 St Georges Terrace, Perth WA 6000 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 the Executor then has notice.
Dated: 23 February 2018.
LEACH LEGAL,
Level 15, 240 St Georges Terrace,
Perth WA 6000.
———————————
ZX408
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 Marie Therese Knight, late of 3/475 Canning Highway, Melville, Western
Australia, deceased, who died on 16 September 2017, are required by the Executor to send particulars
of their claim to the Executor, Ian Knight, c/- 2802/50 Lorimer Street, Docklands Victoria 3008 within
one month of the date of publication hereof, after which date the Executor may convey or distribute
the assets having regard only to the claims of which the Executor then has notice
548 GOVERNMENT GAZETTE, WA 27 February 2018
ZX409
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
In the matter of the Estate of Reuben Charles Chapman, late of 16 Roy Street, Harvey in the State of
Western Australia, Retired, deceased.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in
respect of the estate of the deceased, who died on 22 October 2017, are required by the Executor care
of Fort Knox Legal, PO Box 390, West Perth WA 6872, to send the particulars of their claims to Fort
Knox Legal by 20 April 2018, after which date the Executor may convey or distribute the assets,
having regard only to the claims of which he then has notice.
———————————
ZX410
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
In the matter of the Estate of Bansi Bongolo Mwenge Tchwemuloshe, late of 53 Ticehurst Way, Balga,
Western Australia, Laboratory Technician, 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 18 April 2017, are required by the Executrix care of
Fort Knox Legal, PO Box 390, West Perth WA 6872, to send the particulars of their claims to Fort
Knox Legal by 20 April 2018, after which date the Executrix may convey or distribute the assets,
having regard only to the claims of which she then has notice.
———————————