Health Amendment Local Law 2023

2689 ISSN 2204-4264 (online) PERTH, TUESDAY, 1 AUGUST 2023 No. 101 PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CONTENTS Page Electoral ............................................................................................................................................. 2691 Justice ................................................................................................................................................ 2691 Local Government .............................................................................................................................. 2692 Marine/Maritime................................................................................................................................ 2696 Minerals and Petroleum .................................................................................................................... 2696 Planning ............................................................................................................................................. 2697 Public Notices..................................................................................................................................... 2698

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1 August 2023 GOVERNMENT GAZETTE, WA 2691 ELECTORAL EL401 ELECTORAL ACT 1907 REGISTRATION OF POLITICAL PARTIES—WESTERN AUSTRALIA Notice of Application for Continued Registration (Section 217) Legalise Cannabis Party WA An application has been made by the LEGALISE CANNABIS WESTERN AUSTRALIA PARTY for the party's continued registration in the register of political parties kept by the Electoral Commissioner under section 62D of the Electoral Act 1907. The following information was included in the application— (a) Name for the political party— Legalise Cannabis Party WA (b) Abbreviation of the political party name for use on ballot papers— Legalise Cannabis Party WA (c) Name and address of the secretary of the political party— Aaron Cross 236 Planet Street Welshpool WA 6106. Any elector who believes that the application— (i) is not in accordance with section 62E of the Electoral Act 1907; or (ii) should be refused under section 62J of the Electoral Act 1907 is invited to submit to the Electoral Commissioner by Monday, 4 September 2023, a statement that— (a) sets out in detail the grounds for the elector's belief in respect to (i) or (ii) above; (b) sets out the elector's residential address and postal address; and (c) is signed by the elector. Written submissions— Senior Electoral Liaison Officer Western Australian Electoral Commission GPO Box F316 Perth WA 6841 Email: fad@waec.wa.gov.au Any statement submitted will be available for public inspection without fee at the Western Australian Electoral Commission, Level 2, 111 St Georges Terrace, Perth WA 6000. Enquiries can be made to the Senior Electoral Liaison Officer, phone (08) 9214 0414 or email fad@waec.wa.gov.au. Dated 20 July 2023. ROBERT KENNEDY, Electoral Commissioner. JUSTICE JU401 ADMINISTRATION ACT 1903 ADMINISTRATION (INTESTACY LEGACY AMOUNTS) ORDER 2023 Made under the Administration Act 1903 section 14A(2) by the Minister.

1. Citation This order is the Administration (Intestacy Legacy Amounts) Order 2023.
2. Commencement This order comes into operation as follows— (a) clauses 1 and 2—on the day on which this order is published in the Gazette; (b) the rest of the order—on the day after that day.

2692 GOVERNMENT GAZETTE, WA 1 August 2023 3. Specified items For the purposes of section 14 of the Act, the sums that apply for the specified items are as follows— (a) item 2—$501 000; (b) item 3(a) and (b)—$748 500; (c) item 3(b)(i)—$60 000; (d) item 6—$60 000. Dated 18 July 2023. Hon. JOHN QUIGLEY, MLA, Attorney General. ——————————— 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— Karyn Elizabeth Harley of Girrawheen Mark James Folkard of Ridgewood JOANNE STAMPALIA, Deputy Director General, Court and Tribunal Services. LOCAL GOVERNMENT LG401 CAT ACT 2011 LOCAL GOVERNMENT ACT 1995 Shire of Ashburton CATS LOCAL LAW 2023 Under the powers conferred by the Cat Act 2011, the Local Government Act 1995 and all other powers enabling it, the Council of the Shire of Ashburton resolved on 11 July 2023 to make the following local law. PART 1—PRELIMINARY 1.1 Title This is the Shire of Ashburton Cats Local Law 2023. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Repeal The Shire of Ashburton Local Law Relating to the Control of Cats published in the Government Gazette on 3 June 1998 is repealed. 1.4 Terms used (1) In this local law, unless the context otherwise requires– Act means the Cat Act 2011; applicant means a person who applies for an approval; application means an application for an approval; approval means approval under regulation 9 of the Cat (Uniform Local Provisions) Regulations 2013 and Part 2 of this local law; approved person means the person to whom an approval is granted; authorised person means a person appointed by the local government to perform the functions conferred on an authorised person under this local law; cat has the meaning given to it in the Act; cat management facility has the meaning given to it in the Act; CEO means the Chief Executive Officer of the local government; district means the district of the local government; local government means the Shire of Ashburton;

1 August 2023 GOVERNMENT GAZETTE, WA 2693 local planning scheme means a local planning scheme made by the local government under the Planning and Development Act 2005; nuisance means– (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; owner has the meaning given to it in the Act; premises has the meaning given to it in the Act; and veterinarian has the meaning given to it in the Act. (2) A term that is used in this local law and is not defined in subclause (1) has the same meaning given to it in the Act or, if not defined in the Act, the same meaning given to it in the Cat Regulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or the Local Government Act 1995. 1.5 Application This local law applies throughout the district. PART 2—NUMBER OF CATS THAT MAY BE KEPT 2.1 Interpretation For the purposes of applying this Part, a cat does not include a cat less than 6 months old. 2.2 Prescribed premises (1) For the purposes of the definition of prescribed premises in regulation 4(1) of the Cat (Uniform Local Provisions) Regulations 2013, this local law limits the number of cats that may be kept at any premises within the district except— (a) a cat management facility operated by a body prescribed as a cat management facility operator under the Cat Regulations 2012; (b) a cat management facility operated by the local government; or (c) a veterinary clinic or veterinary hospital as defined under section 2 of the Veterinary Surgeons Act 1960, but only in relation to cats kept on those premises for treatment. 2.3 Standard number of cats For the purposes of the definition of standard number of cats in regulation 4(1) of the Cat (Uniform Local Provisions) Regulations 2013, no more than 2 cats may be kept on premises within the district at which a member of a cat organisation is not ordinarily resident. 2.4 Application for approval (1) An application for approval to keep an additional number of cats at prescribed premises is dealt with in regulation 8 of the Cat (Uniform Local Provisions) Regulations 2013. (2) An application for approval must be accompanied by the application fee determined by the local government in accordance with the Act. 2.5 Determining an application (1) For the purpose of determining whether to grant approval for an application to keep an additional number of cats at prescribed premises, the local government must have regard to– (a) the zoning of the land under the local planning scheme; (b) the physical suitability of the premises for the proposed use; (c) the environmental sensitivity and general nature of the location surrounding the premises for the proposed use; (d) the structural suitability of any enclosure in which any cat is to be kept; (e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to an occupier of adjoining land; (f) the likely effect on the amenity of the surrounding area of the proposed use; (g) the likely effect on the local environment including any pollution or other environmental damage, which may be caused by the proposed use; and (h) any other factors which the local government considers to be relevant in the circumstances of the application. (2) An approval is to be in the form determined by the local government and is to be issued to the approved person. 2.6 Conditions (1) For the purpose of ensuring that the premises to which an application relates are suitable for the additional number of cats, the local government may impose any condition that it considers to be reasonably necessary for that purpose, including— (a) that the premises must be adequately fenced (and premises will be taken not to be adequately fenced if there is more than one escape of a cat from the premises);

2694 GOVERNMENT GAZETTE, WA 1 August 2023 (b) that there must be adequate space for the exercise of the cats; (c) that, in the case of multiple dwellings where there is no suitable dividing fence, each current occupier of the adjoining multiple dwellings must give their written consent to the approval; and (d) that, without the consent of the local government, the approved person must not substitute or replace any cat that dies or is permanently removed from the premises. (2) An approved person who does not comply with a condition of the approval, commits an offence. 2.7 Renewal of an application (1) An application is to be renewed if– (a) the approved person has not breached the conditions of the approval; (b) the approval would have been granted if a fresh application for approval had been made; and (c) the renewal fee, imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995, is paid to the local government before the expiry of the approval. (2) On the renewal of an approval, the conditions of the approval that applied immediately before the renewal continue to have effect. 2.8 Transfer of an approval (1) An approval relates only to the premises specified in the approval, and only to the approved person specified in the approval, and is transferrable only in accordance with this clause. (2) An application for the transfer of an approval from the approved person to another person must be– (a) made in the form determined by the local government; (b) made by the proposed transferee; (c) made with the consent of the approved person; and (d) lodged with the local government together with the fee for the application for the transfer of an approval that is imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. (3) The local government is not to determine an application for the transfer of an approval until the proposed transferee has complied with subclause (2). (4) The local government may grant, or refuse to grant, an application for the transfer of an approval, and this approval will be subject to such conditions as the local government may impose under Regulation 9(3) of the Cat (Uniform Local Provisions) Regulations 2013. (5) Where the local government grants an application for the transfer of an approval— (a) it is to issue to the transferee an approval in the form determined by the local government; and (b) on the date of approval, unless otherwise specified in the approval, the transferee becomes the approved person for the purposes of this local law. 2.9 Variation or cancellation of an approval (1) The local government may, at any time, vary the conditions of an approval by giving written notice to the permit holder and specifying the date on which the changes will become effective. (2) The local government may cancel an approval– (a) on the request of the approved person; (b) if the approved person breaches the Act, the Cat Regulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or this local law; or (c) if the approved person is not a fit and proper person to provide for the health and welfare of the cats. (3) If an approval is cancelled, the fee paid for the approval is not refundable for the term of the approval that has not yet expired. 2.10 Objection and review rights A decision of the local government made under clauses 2.5, 2.7, 2.8 or 2.9 is a decision to which Division 1, Part 9 of the Local Government Act 1995 applies. PART 3—CAT NOT TO BE A NUISANCE 3.1 Cat not to be a nuisance (1) The owner or occupier of premises on which a cat is ordinarily kept shall prevent the cat from creating a nuisance on other premises, to another person or exposing another person to health and/or safety risks by— (a) The noise or odour generated by the presence of the cat/s; (b) The aggressive nature of the cat/s. (2) If a cat creates a nuisance the owner, or the occupier of premises on which a cat is ordinarily kept commits an offence.

1 August 2023 GOVERNMENT GAZETTE, WA 2695 PART 4—ENFORCEMENT 4.1 Penalties and infringement notices (1) The maximum penalty for an offence under this local law is $5,000 and if the offence is of a continuing nature a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued applies. (2) An offence against clauses 2.6 and 3.1 are prescribed offences for the purposes of section 62(1) of the Act and the modified penalty for the offence is a fine of $200. (3) The form of an infringement notice is Form 6 in the Cat Regulations 2012, Schedule 1. (4) The form of withdrawal of the infringement notice is Form 7 in the Cat Regulations 2012, Schedule 1. Dated 24 July 2023. The Common Seal of the Shire of Ashburton was affixed by authority of a resolution of the Council in the presence of— K. WHITE, Shire President. K. DONOHOE, Chief Executive Officer. ——————————— LG402 LOCAL GOVERNMENT ACT 1995 Shire of Murray HEALTH AMENDMENT LOCAL LAW 2023 Under the powers conferred on it by the Local Government Act 1995 and under all other enabling powers, the Council of the Shire of Murray resolved on 23 March 2023 to make the following local law.

1. Citation This local law may be cited as the Shire of Murray Health Amendment Local Law 2023.
2. Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.
3. Principal Local Law In this local law the Shire of Murray Health Local Law 2018 as published in the Government Gazette on 7 March 2018 is referred to as the Principal Local Law.
4. Principal Local Law amended The principal local law is amended as described in the following schedule— Item Sections affected Description 1 Clause 5.18 Subclause (1) delete "0.5 hectares" and insert "1 hectare" Subclause (8)(a)(iii) delete "11 square metres" and insert "9 square metres" Subclause (8)(f)(vi) delete "28 square metres" and insert "16 square metres" Insert Subclause "(9) An Authorised Officer may apply relevant conditions, or require a reduction of the number of approved animals on any premises within the district, or alternatively prohibit the keeping of approved animals on a particular premises, if the conditions of this Division are not complied with or if unreasonable noise or a nuisance is being caused." 2 Clause 5.21(1) Insert definition: "noisy birds are species of birds that are capable of emitting sound levels of 85dBA or greater, and includes roosters and cockatoos;" 3 Clause 5.24 Amend title to "Noisy birds" Subclause (1) delete "2 hectares or less, keep or permit to be kept on those premises, any one or more of the following birds" and insert "4 hectares or less, keep or permit to be kept on those premises, any noisy bird or any one or more of the following birds" 4 Clause 8.7 Subclause (2)(b)(i) delete "lodging house" and insert "accommodation" Subclause (2)(b)(ii) delete "Part" and insert "local law" 5 Schedule 14— Prescribed Offences Item 15—delete "5.5(1)" and insert "5.5", delete "Commenced works involving clearing of land without an approved Dust Management Plan" and insert "Failed to manage dust on land" Item 17 delete "5.6(4)" and insert "5.6" Item 31 delete "2 hectares" and insert "4 hectares" Dated this 24th day of July 2023. The Common Seal of the Shire of Murray was hereunto affixed in the presence of— DAVID BOLT, Shire President. TRACIE UNSWORTH, Acting Chief Executive Officer.

2696 GOVERNMENT GAZETTE, WA 1 August 2023 MARINE/MARITIME MA401 NAVIGABLE WATERS REGULATIONS 1958 SWIMMING PROHIBITED The Avon Decent 2023 Events The Avon and Swan Rivers 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 for the Avon Descent 2023 approved aquatic events— • Saturday 5 August 2023 from Bells Bridge, Brigadoon to Middle Swan Bridge, Swan River between the hours of 9:00 AM to 2:00 PM. • Sunday 6 August 2023 from Peel Terrace Traffic Bridge, Northam to Posselt’s Ford, Morangup, Avon River between the hours of 9:00 AM to 6:00 PM. • Saturday 12 August 2023 from Peel Terrace Traffic Bridge, Northam to Cobbler Pool, Morangup, Avon River between the hours of 8:00 AM to 6:00 PM. • Sunday 13 August 2023 from Cobbler Pool, Morangup, Avon River to Riverside Gardens, Bayswater (approximately 440 metres upstream of the Garratt Road Bridge), Swan River between the hours of 11:00 AM to 5:00 PM. MARK BRIANT, A/Director Waterways Safety Management and delegate of the Chief Executive Officer, Department of Transport. MINERALS AND PETROLEUM MP401 PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 GRANT OF GEOTHERMAL EXPLORATION PERMIT GEP 44 Geothermal Exploration Permit GEP 44 has been granted to VRX Silica Limited and will remain in force for a period of six (6) years commencing on 27 July 2023. MAMTA KAPOOR, Senior Titles Officer, Resource Tenure Division, Department of Mines, Industry Regulation and Safety. ——————————— MP402 PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 GRANT OF GEOTHERMAL EXPLORATION PERMIT GEP 47 Geothermal Exploration Permit GEP 47 has been granted to THEIA Energy No 2 Pty Ltd and will remain in force for a period of six (6) years commencing on 27 July 2023. MAMTA KAPOOR, Senior Titles Officer, Resource Tenure Division, Department of Mines, Industry Regulation and Safety. ——————————— MP403 PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 GRANT OF GEOTHERMAL EXPLORATION PERMIT GEP 45 Geothermal Exploration Permit GEP 45 has been granted to Energy Resources Limited and will remain in force for a period of six (6) years commencing on 27 July 2023. MAMTA KAPOOR, Senior Titles Officer, Resource Tenure Division, Department of Mines, Industry Regulation and Safety. ———————————

1 August 2023 GOVERNMENT GAZETTE, WA 2697 MP404 PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 GRANT OF GEOTHERMAL EXPLORATION PERMIT GEP 46 Geothermal Exploration Permit GEP 46 has been granted to Groundbreaking Energy Pty Ltd and will remain in force for a period of six (6) years commencing on 27 July 2023. MAMTA KAPOOR, Senior Titles Officer, Resource Tenure Division, Department of Mines, Industry Regulation and Safety. PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 INSTRUMENT OF DELEGATION I, Donald Punch, Acting Minister for Planning for the State of Western Australia, pursuant to section 265 of the Planning and Development Act 2005 ('the Act'), HEREBY— A. DELEGATE all Ministerial functions under section 83A of the Act, in relation to such proposed local planning schemes or amendments identified in column 1, by such officers of the Western Australian Planning Commission ('WAPC') and Department of Planning, Lands and Heritage ('Department') as identified in column 2, subject to such conditions specified in column 3, as set out in Table 1 below. B. DECLARE this instrument is to be interpreted broadly, including any reference to an application type or officer title encompassing a reference to any successor. Table 1—Functions under section 83A to be delegated Column 1—Applications Column 2—Officers Column 3—Conditions Basic amendment • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Executive Directors, Land Use Planning • Planning Directors, Land Use Planning All functions • Planning Managers, Land Use Planning • Principal Planners, Land Use Planning Limited to those functions where the recommendation is not to refuse Standard amendment • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Executive Directors, Land Use Planning • Planning Directors, Land Use Planning All functions • Planning Managers, Land Use Planning • Principal Planners, Land Use Planning Limited to those functions where the recommendation is not to refuse advertising. New or reviewed Scheme; Complex amendment. • Chairperson of the WAPC • Director General • Assistant Director General, Land Use Planning • Executive Directors, Land Use Planning • Planning Directors, Land Use Planning

1. Provided the application does not raise any matter which, in the opinion of the WAPC, the Department or the Minister, raises an issue of potential— (a) State or regional significance; or (b) public interest of such significance that it should be addressed by the Minister. This instrument has effect on and from the date of publication of the title of the delegate in the Government Gazette. Dated at Perth this 6th day of July 2023. Hon. DONALD PUNCH, MLA, Acting Minister for Planning.

2698 GOVERNMENT GAZETTE, WA 1 August 2023 PUBLIC NOTICES ZZ401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Marion Watson, late of 4-10 Hayman Road, Bentley, in the State of Western Australia, Pensioner, 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 the 4th day of February 2023, are required by the Executor and Trustee, being Mr Peter John Murray, of c/- Mort & Associates, PO Box 20, Cannington, WA, 6987, to send particulars of their claims to him at Mort & Associates of PO Box 20, Cannington, WA, 6987, by the date being one month following the publication of this notice, after which date the Executor and Trustee may convey or distribute the assets, having regard only to claims of which he then has notice. MORT & ASSOCIATES as solicitor for the Executor and Trustee. ——————————— ZZ402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Ilona Cselko, late of 222 Cammillo Road, Kelmscott, in the State of Western Australia, Pensioner, 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 the 1st day of May 2023, are required by the Executor and Trustee, being Ms Iren Csohany, of c/- Mort & Associates, PO Box 20, Cannington, WA, 6987, to send particulars of their claims to her at Mort & Associates of PO Box 20, Cannington, WA, 6987, by the date being one month following the publication of this notice, after which date the Executor and Trustee may convey or distribute the assets, having regard only to claims of which she then has notice. MORT & ASSOCIATES as solicitor for the Executor and Trustee. ——————————— ZZ403 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Margo Jean Ruhland late of 109/106 Oakleigh Drive, Erskine in the State of Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 (WA) relates) in respect of the Estate of the deceased, who died on 19/05/2023, are required by the Executor Rhett Peter Williamson, to send the particulars of their claims care of Gregson & Associates PO Box Z5017 St Georges Terrace, Perth WA 6831 on or before 30 days from the date of publication of this notice after which date the trustee may convey or distribute the assets, having regard only to the claims of which he then has notice. ———————————

1 August 2023 GOVERNMENT GAZETTE, WA 2699 ZZ404 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the matter of the Estate of Robert Eric Stephen Langridge, late of 18 Victory Terrace, East Perth in the State of Western Australia, deceased. Creditors and other persons having claims to which Section 63 of the Trustees Act 1962 relate in respect of the Estate of the deceased, who died on the 22nd day of November 2022, are required by the Executor, Sara Louise Langridge, to send the particulars of their claim to Messrs Taylor Smart of Unit 18, Level 2, 100 Railway Road, Subiaco in the State of Western Australia, by the 8th day of September 2023, after which date the said Executor may convey or distribute the assets, having regard only to the claims of which she then has had notice. Dated the 27th day of July 2023. PETER A. NEVIN, Taylor Smart. ——————————— ZZ405 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. Swee Meng Arasu (also known as Swee Meng Chow and Swee Meng Chow Arasu) late of 18 Hurlingham Road, South Perth, Western Australia, who died on 4 January 2021. HAYNES LEEUWIN, Solicitors for the Executors / Administrators, Suite 2, 190 Main Street Osborne Park WA 6017. Tel: 9409 6300. ——————————— ZZ406 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Antonia Di Scerni late of 14 Frederic Street, Midland, 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 13/10/2022, are required by the personal representatives Maria Berardi and Rosa Buegge c/- Lynn & Brown Lawyers, PO Box 1114, Morley, WA 6943 to send particulars of their claims to them by the 02/09/2023, after which date the personal representatives may convey or distribute the assets of the estate, having regard only to the claims of which they then have notice. ——————————— ZZ407 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Marjory Ruth Tree, late of Unit 46/10 Hungerford Avenue, Halls Head, 6210, Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect of the estate of the above-named deceased, who died on the 8th July 2023, are required by the executors Ronelle Debra Gors and Stephen Bruce O'Neill to send particulars of their claims to Ronelle Gors, PO Box 28, Ballajura, WA, 6066 within one (1) month of the date of publication of this notice after which date the executors may convey or distribute the assets, having regard only to the claims of which they then have notice. ———————————