Section 1 - Waste Amendment Local Law 2018 - Waste Amendment Local Law 2018 | Zoe
11 September 2018 GOVERNMENT GAZETTE, WA 3223
— PART 1 —
CEMETERIES
CE301
CEMETERIES ACT 1986
LOCAL GOVERNMENT ACT 1995
Shire of Bridgetown-Greenbushes
C EMETERIES A MENDMENT LOCAL LAW 2018
Under the powers conferred by the Cemeteries Act 1986 and by all other powers
enabling it, the Council of the Shire of Bridgetown-Greenbushes resolved on
30 August 2018 to make the following Local Law.
PART 1—PRELIMINARY
Citation
This Local Law may be cited as the Shire of Bridgetown-Greenbushes Cemeteries
Amendment Local Law 2018.
Commencement
This local law comes into operation 14 days after the date of its publication in the
Government Gazette.
Principal Local Law
The Shire of Bridgetown-Greenbushes Cemeteries Local Law as published in the
Government Gazette on 2 June 2000 is referred to as the principal local law. The
principal local law was amended and published in the Government Gazette on
23 February 2001, amended and published in the Government Gazette on
12 December 2008, amended and published in the Government Gazette on 1 July
2011 and amended and published in the Government Gazette on 6 January 2015. The
principal local law is amended as follows—
3.1 Clause 1.2 Interpretation
3.1.1 For consistency, change the first letter of interpretations commencing in
‘lower case’ to ‘upper case’.
3.1.2 Delete interpretation of “Application as to assistance animals”
3.1.3 After interpretation of “Ashes”, insert new interpretation to read—
“Assistance animals” has the same meaning as in the Disability
Discrimination Act 1992;
3.1.4 After interpretation of “CEO”, insert the following interpretations to
read—
“Coffin” means a coffin or other receptacle used for the transportation of a
dead body to the grave site;
“Cremation urn” means a container used for holding the remains of a dead
body after the due processes of cremation;
“Disability” has the same meaning as in the Disability Discrimination
Act 1992;
3.1.5 After interpretation of “Funeral Director”, insert the following
interpretations to read—
“Headstone” means a memorial designed for placement at the head of a
grave in the lawn section of a cemetery, commemorating a grave or the
placement of ashes;
“Memorial” has the meaning set out in the Act and includes a headstone,
memorial plaque and monument;
“Memorial plaque” means a panel, plate or tablet designed or used for
purposes of bearing commemorative inscription;
“Monument” means a tombstone, sculpture, statute or other form of
memorial approved by the Board commemorating a grave or the
placement of ashes, other than a headstone;
3.1.6 After interpretation of “single funeral permit”, delete the “.” and insert a
“;” and insert the following interpretation to read—
“Vehicle” includes every conveyance and every object capable of being
propelled or drawn on wheels, tracks or otherwise (and includes a
bicycle and a skateboard).
3224 GOVERNMENT GAZETTE, WA 11 September 2018
PART 2—ADMINISTRATION
3.2 Clause 2.1 Powers and Functions of CEO
3.2.1 Change the word “cemetery” in the last line to “cemeteries within the Shire
of Bridgetown-Greenbushes”.
3.2.2 After clause 2.1, insert new clause to read—
2.2 Plans and Registers
(1) The Board shall establish and maintain—
(a) A plan of each cemetery showing the location of areas set aside
for burials and placement of ashes;
(b) a register containing the identification numbers of graves and
the names and description of the persons buried;
(c) a register of grants made with respect to each cemetery; and
(d) a register of persons cremated whose ashes have been buried or
disposed in each cemetery.
(2) The plans and registers referred to in sub-clause (1) shall be open for
inspection by members of the public during normal office hours of the
Board.
PART 3—APPLICATION FOR FUNERALS
3.3 Clause 3.3 Certificate of Identification, Part (2)
Delete part (2) and replace with—
A Funeral Director shall complete a certificate in the form determined by
the Board from time to time, where—
(a) in the opinion of the funeral director, the dead body is not in a fit
state to be viewed; or
(b) after reasonable effort the Funeral Director is unable to arrange for
a person to identify the dead body.
3.4 Clause 3.4 Minimum Notice Required
3.4.1 Delete wording of clause 3.4 and replace with—
All bookings to hold a funeral shall be made with the Board not less than
two (2) working days prior to the time proposed for burial on the application
otherwise an extra charge may be made.
3.4.2 After clause 3.4, insert the following new clauses—
3.5 Fixing Times for Funerals
On receipt of a properly completed application form and the satisfaction
of all other requirements of the Act and this local law the Board may fix
the time for a funeral.
The time fixed for a funeral is at the discretion of the Board but subject
to this local law will be as near as possible to the time requested by the
applicant.
3.6 Times for Burials
A person shall not carry out a burial—
(a) on a Saturday, a Sunday or a public holiday; or
(b) at any time other than between the hours 9.00am to 3.00pm;
except with the permission of the Board.
PART 4—FUNERAL DIRECTORS
3.5 Clause 4.1 Funeral Director’s Licence Expiry
Delete “30th day of” and replace with “30”.
PART 5—FUNERALS
Division 1—General
3.6 Clause 5.3 Vehicle Entry Restricted
Delete wording for clause 5.3 and replace with—
(1) Subject to clause 5.3(2), a funeral procession shall enter by the
principal entrance of the cemetery and no vehicle shall enter the
cemetery except—
(a) the hearse;
(b) official mourning coaches;
(c) a vehicle carrying or transporting a person with a disability;
(d) a device or equipment used to transport, carry or handle a
coffin; and
(e) a pram, baby carriage, stroller or a similar device.
(2) This clause does not apply to a vehicle approved by the CEO or
authorised person.
11 September 2018 GOVERNMENT GAZETTE, WA 3225
Division 2—Placement of Ashes
3.7 Clause 5.7 Disposal of Ashes
In Part (1), after the word “Scattering” delete “to the Winds” and replace with “in
an area approved by the Board”
PART 7—MEMORIALS AND OTHER WORK
Division 1—General
3.8 Clause 7.1 Application for Monumental Work
Delete wording for clause 7.1 and replace with—
(1) Upon the written application of a person on the prescribed form and
payment of the set fee, the Board may issue to that person a permit to
carry out monumental work on a grave specified in an application on the
days, at the times and subject to the conditions specified by the Board.
(2) An application referred to in sub-clause (1) shall be accompanied
by—
(a) plans and specifications of the proposed monumental work,
including precise details of all words, designs and pictures
intended to be inscribed on or attached to the monumental
work;
(b) If the applicant is not a holder of a grant in respect of a grave on
which the work is to be carried out, the written consent of the
holder or authorised representative.
3.9 Clause 7.2 Placement of Monumental Work
After the word “foundations” delete the full stop and include “as determined by
the Board.”.
3.10 Division 2—Lawn Section
Delete the words “Lawn Section” and replace with “Specifications and Materials
for Memorials”.
3.11 Clause 7.14 Specification of Monuments
3.11.1 In Part (1) delete the words “in the lawn section of”.
3.11.2 After sub-clause (c)(iii), insert a new sub-clause to read—
(iv) the length of the base of the monument shall not exceed 2.4m; and
3.11.3 Renumber current sub-clause (iv) to (v)
3.11.4 Delete sub-clauses (2) and (3).
3.12 Clause 7.15 Headstones
Delete clause 7.15 and replace with—
7.15 Specification of a Headstone
(1) A headstone shall—
(a) be made of natural stone;
(b) be placed on a base of natural stone;
(c) comply with the following specifications—
(i) the height of the base of the headstone above the highest
point of the original surface of the grave shall not be less
than 150mm nor more than 200mm;
(ii) the overall height of the headstone, including the base,
shall not exceed 1.2m;
(iii) the length of the base of the headstone measured across
the width of the grave shall not exceed 1m;
(iv) the width of the base of the headstone shall not exceed
300mm; and
(v) that part of a headstone above its base shall not extend
horizontally beyond that base.
(2) Subject to sub-clause (3) a memorial plaque may be attached to a
headstone erected or being erected within a cemetery.
(3) The provisions of clause 7.16 apply to a memorial plaque that is
attached to a headstone.
3.13 Division 3—Memorial Plaque Section
Delete this sub-heading.
3.14 7.16 Requirements of a Memorial Plaque
3.14.1 Delete the word “Requirements” and insert the word “Specification”.
3.14.2 In sub-clause (1)(b), delete the words “380mm x 280mm” and insert the
words “140mm x 110mm”.
3226 GOVERNMENT GAZETTE, WA 11 September 2018
3.15 Division 4—Licensing of Monumental Masons
Change “4” to “3”.
3.16 After sub-clause 7.17, insert new Clause to read—
7.18 Display of Trade Names on Memorials Not Allowed
A person shall not display any trade names or marks on a memorial.
3.17 Re-number existing clauses 7.18, 7.19, 7.20 and 7.21 accordingly.
3.18 7.18 Expiry Date, Non-Transferability
Delete “30th day of” and replace with “30”.
3.19 Insert new Clause to read—
7.23 Application for Single Monumental Work Permit
(1) The Board may on receipt of an application by a person in the form
prescribed and on payment of a set fee, issue to an applicant a single
monumental work permit authorizing the holder to place a monument
within a cemetery subject to such conditions as the Board specifies on
the permit.
(2) An application for a single monumental work permit under sub-
clause (1) shall include an application for a monument work in the form
prescribed.
PART 8—GENERAL
3.20 Clause 8.6 Unauthorised Advertising or Conduct of Business
In the first line, after the words “trade or profession” insert the words “within a
cemetery”.
————
Dated: 30 August 2018.
The Common Seal of the Shire of Bridgetown-Greenbushes was affixed by authority
of a resolution of the Council in the presence of—
ANTONINO PRATICO, Shire President.
TIMOTHY CLYNCH, Chief Executive Officer.
CONSERVATION
CO301
WILDLIFE CONSERVATION ACT 1950
WILDLIFE C ONSERVATION (R ARE FLORA) N OTICE 2018
Made by the Minister for Environment under section 23F(2) of the Act.
Citation
This notice may be cited as the Wildlife Conservation (Rare Flora) Notice 2018.
Interpretation
In this notice—
“extant” means known to be living in a wild state;
“protected flora” means any flora belonging to the classes of flora declared by
the Minister under section 6 of the Act to be protected flora by notice
published in the Gazette 9 October 1987, at p. 3855;
“taxon” includes any taxon that is described by a genus name and any other
name or description.
Note: The plural form of “taxon” is “taxa”.
Declaration of rare flora
Subject to clause 4, protected flora—
(a) specified in Schedule 1, being taxa that are extant and considered likely to
become extinct or rare, as critically endangered flora, and therefore in need
of special protection;
(b) specified in Schedule 2, being taxa that are extant and considered likely to
become extinct or rare, as endangered flora, and therefore in need of special
protection;
11 September 2018 GOVERNMENT GAZETTE, WA 3227
(c) specified in Schedule 3, being taxa that are extant and considered likely to
become extinct or rare, as vulnerable flora, and therefore in need of special
protection; and
(d) specified in Schedule 4, being taxa that are presumed to be extinct in the
wild and therefore in need of special protection,
are declared to be rare flora for the purposes of section 23F of the Act throughout the
State.
4. Application
Clause 3 does not apply to those plants of a taxon of protected flora specified in
Schedule 1, 2, 3 or 4 that have been planted for any purpose other than such plants
that have been planted for the purpose of conservation of that taxon and in
accordance with approval given by the Director General.
5. Revocation
The Wildlife Conservation (Rare Flora) Notice 2017 is revoked.
Schedule 1—Flora that are considered likely to become extinct or
rare, as critically endangered flora
[cl. 3(a)]
Division 1—Spermatophyta (flowering plants, conifers and cycads)
11 September 2018 GOVERNMENT GAZETTE, WA 3229
Schedule 2—Flora that are considered likely to become extinct or
rare, as endangered flora
[cl. 3(b)]
Division 1—Spermatophyta (flowering plants, conifers and cycads)
Acacia aristulata
Acacia ataxiphylla
subsp. magna
Acacia chapmanii
subsp. australis
Acacia depressa
Acacia lobulata
Acacia pygmaea
Acacia wilsonii
Acacia woodmaniorum
Adenanthos eyrei
Adenanthos pungens
subsp. pungens
Adenanthos velutinus
Aluta quadrata
Androcalva perlaria
Apium prostratum subsp.
Porongurup Range (G.J.
Keighery 8631)
Austrostipa bronwenae
Banksia cuneata
Banksia nivea subsp.
uliginosa
Banksia oligantha
Banksia pseudoplumosa
Banksia rufa subsp. pumila
Boronia clavata
Boronia exilis
Bossiaea sp. Frankland (E.M.
Sandiford EMS 896)
Caladenia barbarella
Caladenia bryceana
subsp. bryceana
Caladenia bryceana
subsp. cracens
Caladenia christineae
Caladenia dorrienii
Caladenia excelsa
Caladenia graniticola
Caladenia granitora
Caladenia hoffmanii
Caladenia hopperiana
Caladenia leucochila
Caladenia wanosa
Caladenia winfieldii
Chorizema varium
Conospermum densiflorum
subsp. unicephalatum
Conostylis drummondii
Conostylis seorsiflora
subsp. trichophylla
Conostylis wonganensis
Coopernookia georgei
Darwinia acerosa
Darwinia apiculata
Darwinia ferricola
Darwinia foetida
Darwinia nubigena
Darwinia oxylepis
Darwinia polychroma
Darwinia wittwerorum
Daviesia dielsii
Daviesia megacalyx
Daviesia obovata
Daviesia speciosa
Diplolaena andrewsii
Diuris purdiei
Drakaea concolor
Drakaea micrantha
Duma horrida subsp. abdita
Eremophila ciliata
Eremophila denticulata
subsp. trisulcata
Eremophila glabra subsp.
chlorella
Eremophila resinosa
Eremophila virens
Eremophila viscida
Eucalyptus articulata
Eucalyptus beardiana
Eucalyptus brevipes
Eucalyptus coronata
Eucalyptus crispata
Eucalyptus crucis
subsp. crucis
Eucalyptus crucis
subsp. praecipua
Eucalyptus cuprea
Eucalyptus insularis subsp.
continentalis
Eucalyptus lateritica
Eucalyptus leprophloia
Eucalyptus pruiniramis
Frankenia parvula
Gastrolobium appressum
Gastrolobium humile
Glyceria drummondii
Goodenia arthrotricha
Goodenia integerrima
Grevillea acropogon
Grevillea brachystylis
subsp. australis
Grevillea bracteosa subsp.
bracteosa
Grevillea christineae
Grevillea curviloba
subsp. incurva
Grevillea elongata
Grevillea involucrata
Grevillea murex
Grevillea rara
Hakea aculeata
3230 GOVERNMENT GAZETTE, WA 11 September 2018
94. Hibbertia priceana
95. Hypocalymma angustifolium
subsp. Hutt River (S. Patrick
2982)
96. Hypocalymma sylvestre
97. Hypocalymma sp. Cascade
(R. Bruhn 20896)
98. Jacksonia quairading
99. Jacksonia velveta
100. Kennedia lateritia
101. Kunzea similis subsp.
mediterranea
102. Lambertia orbifolia
subsp. Scott River Plains
(L.W.Sage 684)
103. Lasiopetalum rotundifolium
104. Lechenaultia chlorantha
105. Lepidosperma gibsonii
106. Lepidosperma rostratum
107. Leucopogon marginatus
108. Leucopogon nitidus
109. Leucopogon obtectus
110. Macarthuria keigheryi
111. Marianthus paralius
112. Melaleuca sciotostyla
113. Melaleuca sp. Wanneroo
(G.J. Keighery 16705)
114. Myoporum cordifolium
115. Myoporum velutinum
116. Myriophyllum lapidicola
117. Ornduffia calthifolia
118. Pandanus spiralis
var. flammeus
119. Patersonia spirifolia
120. Philotheca falcata
121. Philotheca wonganensis
122. Pityrodia sp. Marble Bar (G.
Woodman & D. Coultas
GWDC Opp 4)
123. Reedia spathacea
124. Ricinocarpos brevis
125. Schoenia filifolia
subsp. subulifolia
126. Sphenotoma drummondii
127. Stylidium asymmetricum
128. Stylidium coroniforme subsp.
amblyphyllum
129. Stylidium coroniforme subsp.
coroniforme
130. Synaphea quartzitica
131. Synaphea sp. Pinjarra Plain
(A.S. George 17182)
132. Tetratheca nephelioides
133. Thelymitra stellata
134. Typhonium sp. Kununurra
(A.N. Start ANS 1467)
135. Verticordia densiflora
var. pedunculata
136. Verticordia fimbrilepis
subsp. australis
137. Verticordia hughanii
138. Verticordia pityrhops
139. Verticordia plumosa
var. vassensis
140. Xyris exilis
Schedule 3—Flora that are considered likely to become extinct or
rare, as vulnerable flora
[cl. 3(c)]
Division 1—Spermatophyta (flowering plants, conifers and cycads)
3232 GOVERNMENT GAZETTE, WA 11 September 2018
5. Frankenia decurrens
6. Lepidium drummondii
7. Leptomeria dielsiana
8. Leucopogon cryptanthus
9. Myriocephalus nudus
10. Picris compacta
11. Ptilotus caespitulosus
12. Scholtzia sp. Bickley (W.H. Loaring s.n. PERTH 06165184)
13. Taraxacum cygnorum
14. Tetratheca fasciculata
15. Thomasia gardneri
STEPHEN DAWSON, Minister for Environment.
———————————
CO302
WILDLIFE CONSERVATION ACT 1950
WILDLIFE C ONSERVATION (SPECIALLY PROTECTED FAUNA) N OTICE 2018
Made by the Minister for Environment under section 14(4) of the Act.
Citation
This notice may be cited as the Wildlife Conservation (Specially Protected Fauna)
Notice 2018.
Interpretation
In this notice—
“taxon” includes any taxon that is described by a family name or a genus name
or any other name or description.
Note: The plural form of “taxon” is “taxa”.
Declaration of specially protected fauna
For the purposes of the Act, all taxa of the fauna—
(a) specified in Schedule 1, being fauna that is rare or likely to become extinct,
as critically endangered fauna, are declared to be fauna that is in need of
special protection;
(b) specified in Schedule 2, being fauna that is rare or likely to become extinct,
as endangered fauna, are declared to be fauna that is in need of special
protection;
(c) specified in Schedule 3, being fauna that is rare or likely to become extinct,
as vulnerable fauna, are declared to be fauna that is in need of special
protection;
(d) specified in Schedule 4, being fauna that is presumed to be extinct, are
declared to be fauna that is in need of special protection;
(e) specified in Schedule 5, being birds that are subject to international
agreements relating to the protection of migratory birds, are declared to be
fauna that is in need of special protection;
(f) specified in Schedule 6, being fauna that are of special conservation need
being species dependent on ongoing conservation intervention, are declared
to be fauna that is in need of special protection; and
(g) specified in Schedule 7, are declared to be fauna that is in need of special
protection, otherwise than for the reasons mentioned in paragraphs (a), (b),
(c), (d), (e) and (f).
Revocation
The Wildlife Conservation (Specially Protected Fauna) Notice 2017 is revoked.
Schedule 1—Fauna that is rare or is likely to become extinct
as critically endangered fauna
[cl. 3(a)]
Division 1—Critically Endangered Mammals
Scientific name Common name
Pseudocheirus occidentalis western ringtail possum, ngwayir
Zyzomys pedunculatus central rock-rat, antina
11 September 2018 GOVERNMENT GAZETTE, WA 3233
Division 2—Critically Endangered Birds
Scientific name Common name
5. Calidris ferruginea curlew sandpiper
6. Calidris tenuirostris great knot
7. Diomedea amsterdamensis
(Diomedea exulans
amsterdamensis)
Amsterdam albatross
8. Diomedea dabbenena
(Diomedea exulans dabbenena)
Tristan albatross
9. Limosa lapponica menzbieri bar-tailed godwit (northern
Siberian)
10. Numenius madagascariensis eastern curlew
11. Pezoporus flaviventris
(Pezoporus wallicus flaviventris)
western ground parrot
12. Pezoporus occidentalis night parrot
Division 3—Critically Endangered Reptiles
Scientific name Common name
13. Aipysurus apraefrontalis short-nosed seasnake
14. Aipysurus foliosquama leaf-scaled seasnake
15. Pseudemydura umbrina western swamp tortoise
Division 4—Critically Endangered Amphibians
Scientific Name Common name
16. Geocrinia alba white-bellied frog
Division 5—Critically Endangered Invertebrates
Scientific name Common name
17. Bertmainius pandus Toolbrunup pygmy trapdoor spider
18. Bunderia misophaga a copepod
19. Cherax tenuimanus Margaret River hairy marron
20. Cristilabrum buryillum a camaenid land snail
21. Cristilabrum grossum a camaenid land snail
22. Cristilabrum monodon a camaenid land snail
23. Cristilabrum primum a camaenid land snail
24. Cristilabrum rectum a camaenid land snail
25. Cristilabrum simplex a camaenid land snail
26. Cristilabrum solitudum a camaenid land snail
27. Engaewa pseudoreducta Margaret River burrowing crayfish
28. Hesperocolletes douglasi Douglas’s broad-headed bee
29. Hurleya sp. (WAM C23193) Crystal Cave crangonyctoid, cave
shrimp
30. Indohya damocles Cameron’s Cave pseudoscorpion
31. Kumonga exleyi Cape Range remipede
32. Kwonkan eboracum Yorkrakine trapdoor spider
33. Maratus sarahae Sarah’s peacock spider
34. Mouldingia occidentalis a camaenid land snail
35. Ningbingia australis australis a camaenid land snail
36. Ningbingia australis elongata a camaenid land snail
37. Ningbingia bulla a camaenid land snail
38. Ningbingia dentiens a camaenid land snail
39. Ningbingia laurina a camaenid land snail
40. Ningbingia octava a camaenid land snail
41. Ningbingia res a camaenid land snail
42. Ogyris subterrestris petrina arid bronze azure butterfly
43. Ordtrachia elegans a camaenid land snail
44. Ordtrachia septentrionalis Rosewood keeled snail
45. Prionospio thalanji a bristle worm
46. Pseudococcus markharveyi Banksia montana mealybug
47. Rhytidid sp. (WAM 2295-69) Stirling Range rhytidid snail
48. Speleophria bunderae a copepod
3234 GOVERNMENT GAZETTE, WA 11 September 2018
Scientific name Common name
49. Stygiochiropus peculiaris Cameron’s Cave millipede
50. Stygocyclopia australis a copepod
51. Teyl sp. (BY Main 1953/2683,
1984/13)
Minnivale trapdoor spider
52. Turgenitubulus costus a camaenid land snail
53. Turgenitubulus depressus a camaenid land snail
54. Turgenitubulus foramenus a camaenid land snail
55. Turgenitubulus opiranus a camaenid land snail
56. Turgenitubulus tanmurrana a camaenid land snail
57. Welesina kornickeri an ostracod
Schedule 2—Fauna that is rare or is likely to become extinct
as endangered fauna
[cl. 3(b)]
Division 1—Endangered Mammals
Scientific name Common name
Balaenoptera borealis sei whale
Balaenoptera musculus blue whale
Balaenoptera physalus fin whale
Dasyurus hallucatus northern quoll
Lagorchestes hirsutus subsp.
(Central Australia)
rufous hare-wallaby (Central
Australia), mala
11 September 2018 GOVERNMENT GAZETTE, WA 3239
Scientific Name Common name
12. Onychogalea lunata crescent nailtail wallaby, tjawalpa
13. Perameles eremiana desert bandicoot, walilya
14. Perameles myosuros marl
15. Perameles papillon Nullarbor barred bandicoot
16. Potorous platyops broad-faced potoroo
17. Zaglossus bruijnii western long-beaked echidna
Division 2—Birds
Scientific name Common name
18. Dasyornis broadbenti litoralis rufous bristlebird
19. Lewinia pectoralis clelandi Western Australian Lewin’s rail,
Lewin’s rail (western)
Division 3—Invertebrates
Scientific name Common name
20. Bothriembryon praecelsus a mollusc
21. Bothriembryon whitleyi a mollusc
22. Helicarion castanea a mollusc
23. Occirhenea georgiana a mollusc
Schedule 5—Migratory birds protected under an
international agreement
[cl. 3(e)]
Scientific Name Common name
Acrocephalus orientalis great reed-warbler, oriental
reed-warbler
Actitis hypoleucos
(Tringa hypoleucos)
common sandpiper
11 September 2018 GOVERNMENT GAZETTE, WA 3241
Scientific Name Common name
74. Stercorarius pomarinus pomarine jaeger, pomarine skua
75. Sterna dougallii roseate tern
76. Sterna hirundo common tern
77. Sterna sumatrana black-naped tern
78. Sternula albifrons
(Sterna albifrons)
little tern
79. Sula dactylatra masked booby
80. Sula leucogaster brown booby
81. Sula sula red-footed booby
82. Thalassarche carteri
(Thalassarche chlororhynchos
carteri)
Indian yellow-nosed albatross
83. Thalassarche cauta cauta shy albatross
84. Thalassarche cauta steadi white-capped albatross
85. Thalassarche chlororhynchos Atlantic yellow-nosed albatross
86. Thalassarche chrysostoma grey-headed albatross
87. Thalassarche impavida
(Thalassarche melanophris
impavida)
Campbell albatross
88. Thalassarche melanophris black browed albatross
89. Thalassarche salvini Salvin’s albatross
90. Thalasseus bergii crested tern
91. Tringa brevipes
(Heteroscelus brevipes)
grey-tailed tattler
92. Tringa glareola wood sandpiper
93. Tringa nebularia common greenshank, greenshank
94. Tringa stagnatilis marsh sandpiper, little greenshank
95. Tringa totanus common redshank, redshank
96. Xenus cinereus (Tringa cinerea) Terek sandpiper
Schedule 6—Fauna that is of special conservation need
as conservation dependent fauna
[cl. 3(f)]
Division 1—Mammals
Scientific Name Common name
Bettongia lesueur lesueur boodie (Shark Bay), Shark Bay
burrowing bettong
Bettongia lesueur subsp.
(Barrow and Boodie Islands)
boodie (Barrow and Boodie
Islands), Barrow Island burrowing
bettong
Leporillus conditor greater stick-nest rat, wopilkara
Megaptera novaeangliae humpback whale
Phascogale calura red-tailed phascogale, kenngoor
Phascogale tapoatafa wambenger south-western brush-tailed
phascogale, wambenger
Division 2—Birds
Scientific name Common name
Cacatua pastinator pastinator Muir’s corella
Schedule 7—Other specially protected fauna
[cl. 3(g)]
Division 1—Mammals
Scientific Name Common name
Arctocephalus forsteri
(Arctophoca australis forsteri)
New Zealand fur-seal, long-nosed
fur-seal
Dugong dugon dugong
Division 2—Birds
Scientific name Common name
Falco peregrinus peregrine falcon
3242 GOVERNMENT GAZETTE, WA 11 September 2018
Division 3—Reptiles
Scientific name Common name
4. Crocodylus johnstoni Australian freshwater crocodile
5. Crocodylus porosus salt-water crocodile
6. Morelia carinata rough-scaled python
Division 4—Fish
Scientific name Common name
7. Rhincodon typus whale shark
STEPHEN DAWSON, Minister for Environment.
LOCAL GOVERNMENT
LG301
WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
LOCAL GOVERNMENT ACT 1995
City of Joondalup
WASTE A MENDMENT LOCAL LAW 2018
Under the powers conferred by the Waste Avoidance and Resource Recovery Act 2007
and the Local Government Act 1995 and under all other powers enabling it, the
Council of the City of Joondalup resolved on 21 August 2018 to make the following
local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the City of Joondalup Waste Amendment Local
Law 2018.
1.2 Commencement
This local law commences 14 days after the day on which it is published in the
Government Gazette.
1.3 Purpose and effect
(1) The purpose of this local law is to remove certain provisions within the City of
Joondalup Waste Local Law 2017.
(2) The effect of this local law is to better clarify the provisions relating to the
enforcement of the City of Joondalup Waste Local Law 2017.
PART 2—AMENDMENTS
2.1 City of Joondalup Waste Local Law 2017 amended
This local law amends the City of Joondalup Waste Local Law 2017 as published in
the Government Gazette on 23 August 2017.
2.2 Clause 4.3 deleted
Clause 4.3 is deleted.
2.3 Clause 4.4 deleted
Clause 4.4 is deleted.
2.4 Schedule 2 amended
In Schedule 2, delete Item 30.
————
Dated this 28th day of August 2018.
The Common Seal of the City of Joondalup was affixed by authority of a resolution of
the Council in the presence of—
Hon ALBERT JACOB JP, Mayor.
GARRY HUNT PSM, Chief Executive Officer.
————
Consented to—
MIKE ROWE, Chief Executive Officer,
Department of Water and Environmental Regulation.
Dated this 19th day of July 2018.
11 September 2018 GOVERNMENT GAZETTE, WA 3243
LG302
LOCAL GOVERNMENT ACT 1995
Shire of Broome
LOCAL G OVERNMENT PROPERTY AND PUBLIC PLACES A MENDMENT
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 Broome resolved on 30 August 2018 to
make the following local law.
Citation
This local law is the Shire of Broome Local Government Property and Public Places
Amendment Local Law 2018.
Commencement
This local law comes into operation 14 days after the date of its publication in the
Government Gazette.
Principal local law amended
This local law amends the Shire of Broome Local Government Property and Public
Places Local Law 2016 as published in the Government Gazette on 22 June 2017 and
as amended on 13 March 2018.
Clause 1.5 amended
In clause 1.5 delete the definition for local government property and replace
with—
local government property means anything—
(a) which belongs to, is owned by or is under the care, control and
management of the local government;
(b) which is an “otherwise unvested facility” within section 3.53 of the Act,
but does not include a thoroughfare; or
(c) of which the local government is a management body under the Land
Administration Act 1997;
but does not include a thoroughfare.
Clause 5.1 amended
In clause 5.1 replace “3.2” with “3.5”.
Clause 8.3 amended
Delete clause 8.3(c)(ii) and replace with—
(ii) stone/rock-mulch treatments using—
A. river-washed rounded stone with an average diameter less than
40 millimetres; or
B. crushed rock or gravel with an average diameter of between
20 millimetres to 40 millimetres, limited to an area no greater than
20 square metres unless otherwise approved in accordance with a
development approval;
————
Dated: 6 September 2018.
The Common Seal of the Shire of Broome was affixed under the authority of a
resolution of Council in the presence of—
H. TRACEY, Shire President.
S. MASTROLEMBO, Chief Executive Officer.
———————————
LG303
LOCAL GOVERNMENT ACT 1995
Shire of Broome
TRADING, O UTDOOR D INING AND STREET ENTERTAINMENT A MENDMENT
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 Broome resolved on 30 August 2018 to
make the following local law.
Citation
This local law is the Shire of Broome Trading, Outdoor Dining and Street
Entertainment Amendment Local Law 2018.
3244 GOVERNMENT GAZETTE, WA 11 September 2018
2. Commencement
This local law comes into operation 14 days after the date of its publication in the
Government Gazette.
3. Principal local law amended
This local law amends the Shire of Broome Trading, Outdoor Dining and Street
Entertainment Local Law 2016 as published in the Government Gazette on
16 January 2017 and as amended on 13 March 2018.
4. Clause 1.6 amended
In clause 1.6 delete the definition for local government property and replace
with—
local government property means anything—
(a) which belongs to, is owned by or is under the care, control and
management of the local government;
(b) which is an “otherwise unvested facility” within section 3.53 of the Act,
but does not include a thoroughfare; or
(c) of which the local government is a management body under the Land
Administration Act 1997;
but does not include a thoroughfare.
————
Dated: 6 September 2018.
The Common Seal of the Shire of Broome was affixed under the authority of a
resolution of Council in the presence of—
H. TRACEY, Shire President.
S. MASTROLEMBO, Chief Executive Officer.
———————————
11 September 2018 GOVERNMENT GAZETTE, WA 3245
— PART 2 —
AGRICULTURE AND FOOD
AG401
SOIL AND LAND CONSERVATION ACT 1945
D UMBLEYUNG LAND C ONSERVATION D ISTRICT (APPOINTMENT OF MEMBERS
OF D ISTRICT C OMMITTEE) INSTRUMENT 2018
Made by the Commissioner of Soil and Land Conservation.
Citation
This Instrument may be cited as the Dumbleyung Land Conservation District (Appointment of
Members) Instrument 2018.
Appointment of members
Under Section 23(2b) of the Act and clause 5(1) of the Soil and Land Conservation (Dumbleyung Land
Conservation District) Order 1987*, the following are appointed as members of the District Committee
for the Dumbleyung Land Conservation District—
(a) On the nomination of the Shire of Dumbleyung: Cr Marilyn Hasleby of Dumbleyung;
(b) On the nomination of the WA Farmers Federation: Mr Jonathon Adams; and
(c) As persons actively engaged in, or affected by or associated with, landuse in the district—
(i) Mr Todd Gray of Dumbleyung
(ii) Kevin Powell of Dumbleyung
(*the Committee was established by an Order in Executive Council, and published in the
Government Gazette of 13 March 1987 at pp. 663-664, and amended in the Gazettes of 26 May 1989 at
pp. 1578-1579, 12 July 1991 at pp. 3415-3416, 20 January 1995 at p. 208, and Amendment Orders
approved by Executive Council on 23 September 1997 and 30 June 1998, {refer to Department of
Agriculture and Food reference: 881773V04POV and amended in the Gazette of 16 March 2004 at
pp. 793-794 and 10 July 2009 at p. 2749} and amended in the Gazette on 18 May 2018 p. 1577).
Term of office
Members appointed to the committee under this instrument will hold office for a term expiring on
5 September 2021.
GLEN WHEATON, Deputy Commissioner of Soil and Land Conservation.
Dated this 5th day of September 2018.
LOCAL GOVERNMENT
LG501
BUSH FIRES ACT 1954
City of Kalgoorle-Boulder
FIREBREAK N OTICE 2018/2019
Notice to all owners and/or occupiers of land situated in the City of Kalgoorlie-Boulder
As a measure to assist in the control of bush fires, and to prevent the spread or extension of a bush
fire, all owners and/or occupiers of land within the City of Kalgoorlie-Boulder district are required
before the 1 October 2018, or within 14 days of becoming the owner or occupier of land thereafter,
must clear firebreaks or take measures in accordance with this notice to maintain those firebreaks
and measures up to and including the 30 April 2019.
Interpretation
“Act” means the Bush Fires Act 1954;
“Authorised Person” means a person authorised in accordance with S.9.10 of the Local
Government Act 1995 by the City of Kalgoorlie-Boulder;
3246 GOVERNMENT GAZETTE, WA 11 September 2018
“City” means the City of Kalgoorlie-Boulder;
“Flammable Matter” includes all form of vegetation both living and dead, and any other
flammable materials and combustible matter;
“Firebreak” means ground which is cleared to a mineral earth standard in which all flammable
material (which includes vegetation and with all overhanging branches, trees, limbs, etc. to
be trimmed back clear of the Firebreak area) has been removed and on which no flammable
material (which includes vegetation) is permitted during the Firebreak period and the
Firebreak must be the required width;
“Firebreak Period” means the time from 1 October 2018 until 30 April 2019;
“Trafficable” means able to be driven around, unhindered, in a standard four-wheel drive
vehicle.
General Requirements
All owners and/or occupiers of land within the district of the City of Kalgoorlie-Boulder must clear all
flammable matter from the land in accordance with the following requirements—
Land which is 5,000 m2 or less in area shall be required to follow the general fire hazard
reduction measures as stated in this notice.
Land which is 5,001 m2 or greater in area shall be required to have a trafficable firebreak
three (3) metres in width cleared immediately inside all external boundaries of the land to
mineral earth or to the satisfaction of an authorised person.
General Fire Hazard Reduction Measures
All owners/occupiers are required to reduce fire hazards on their property as far as reasonably
practicable over the entire area of land. This can be achieved by clearing all “flammable matter” to a
height of no more than 50mm, or to the satisfaction of an authorised person, and all clearing must be
done in accordance with the Act. Fire Hazard Reduction Orders will be issued where owners/occupiers
have failed to reduce fire hazards on their property to a satisfactory state in the opinion of an
authorised person.
Amendments to the above requirements
If an owner or occupier of land within the district of the City of Kalgoorlie-Boulder is unable to comply
with the requirements of this notice, that owner or occupier may request in writing to the City to
undertake alternative measures to enable compliance with this notice in the opinion of an authorised
person.
The following are the Burning Periods for Kalgoorlie-Boulder District—
Firebreaks/Reduction Measures must be installed by—1 October 2018 and remain until
30 April 2019.
(Prohibited Period) All Burning is prohibited between—1 November 2018 to 31 March 2019.
(Restricted Period) Permits are required between—1 April to 30 April and 1 October to 31
October each year.
(No permit required Period) Burning off does not require a permit however restrictions still
apply—1 May to 30 September each year.
The following restrictions apply at all times throughout the year—
No burning off on Sunday or Public Holidays.
No burning of garden waste, refuse or offensive materials at any time.
No burning off contrary to the provisions of the City’s Health Local Law.
Authorised burning off is undertaken between the hours of 6:00 pm and 11:00 pm.
All neighbouring property occupiers must be informed of the burning off before
commencement.
An Authorised Person must be informed of the burning off before commencement.
Local Fire Station Officers must be informed of the burning off before commencement.
Compliance
(1) In addition to the requirements of this notice, further works which are considered necessary by an
authorised person may be required as specified in writing in a subsequent notice addressed to the
land owner as recorded by the City.
(2) Where the owner or occupier of the land fails or neglects to comply with the requirements of this
notice or a subsequent notice addressed to the land owner, an authorised person may enter onto and
upon the land with any workmen, contractors, vehicles and machinery as required to carry out the
requisitions of the notice at the expense of the land owner. Where the City is required to act in
default, the land will be cleared in accordance with this notice or at the discretion of an authorised
person.
11 September 2018 GOVERNMENT GAZETTE, WA 3247
(3) Failure to comply with this notice and subsequent written notices may result in penalties being
issued or court action and the liability for any costs incurred by the City in relation to works
undertaken on behalf of the land owner.
JOHN WALKER, Chief Executive Officer.
Dated: 7 September 2018.
TRANSPORT
TN401
ROAD TRAFFIC (VEHICLES) ACT 2012
HARVEST MASS MANAGEMENT SCHEME O RDER 2018
I, Richard Sellers, in my capacity as Commissioner of Main Roads, hereby make an Order for the
modification of mass requirements and the giving of an access approval, under sections 33 and 40,
respectively, of the Road Traffic (Vehicles) Act 2012.
Revocation of previous notices
The Class 3 Vehicle Notice 2015 Harvest Mass Management Scheme, issued by the Commissioner of
Main Roads under the Road Traffic (Vehicles) Act 2012, is revoked.
Citation
This is the Harvest Mass Management Scheme Order 2018.
Commencement and duration
This Order has effect on the first day of October each year and ceases to have effect on the last day of
February the following year.
Interpretation
In this Order, unless the contrary intention appears—
Business Rules means the document, as amended from time to time, entitled “Harvest Mass
Management Business Rules” published on the Main Roads website.
HMMS means the Harvest Mass Management Scheme.
Grain Receiver means a person who accepts grain deliveries, at one or more sites, for the
purpose of storage and handling and who is registered with the Commissioner of Main Roads
for the purposes of the HMMS.
Main Roads Website means the website maintained by the Commissioner of Main Roads.
Application
(1) This Order applies to a vehicle that is—
(a) registered with a Grain Receiver for the purposes of the HMMS;
(b) being operated in accordance with the Business Rules; and
(c) being used to transport grain from a paddock directly to a Grain Receiver accepting the
particular type of grain being transported.
(2) This Order also applies, for the purpose only of the access approval given in this Order, to a
vehicle that is being used to transport a bulk commodity, used for the purposes of agriculture (for
example, lime or fertiliser), on the return journey from a Grain Receiver to a paddock.
Modification of mass requirements
The modified mass requirement specified in the Business Rules is approved for a vehicle to which this
Order applies, subject to the conditions specified in the Business Rules.
Access approval
(1) a vehicle to which this Order applies is approved to operate on the corresponding RAV Network
applying to the vehicle under the—
(a) Prime Mover, Trailers Combinations Order 2017;
(b) Truck, Trailers Combinations Order 2017;
(c) Tri Drive Prime Mover, Trailer Combinations Period Permit; or
(d) Tri Drive Truck, Trailer Combinations Period Permit.
(2) A vehicle to which this Order applies is approved to operate on a road listed in a Main Roads
endorsed HMMS Road List when travelling from the paddock to the nearest road approved for RAV
Network access, subject to the conditions specified in the Business Rules; or
(3) A Category 1 RAV vehicle combination to which this Order applies that is 20 metres or less in
length and 50 tonnes or less in gross mass is permitted to operate on any public road, other than a
road that is prohibited under RAV Network 1, published on the Main Roads Website.
Dated: 5 September 2018.
RICHARD SELLERS, Commissioner of Main Roads.
3248 GOVERNMENT GAZETTE, WA 11 September 2018
DECEASED E STATES
ZX401
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Any creditors having claims on the estate of the late Alan John Pracas of 17 Rye Place, Nollamara,
Western Australia, who died on or before 28 September 2016, are required to send particulars of their
claims to Lesley Jean Down, administrator, c/- Lynn & Brown Lawyers, PO Box 1114, Morley
WA 6943 by 12 October 2018, after which date the administrator may distribute the assets having
regard only to the claims of which they then have notice.
———————————
ZX402
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
Estate of Zelda Jean Kitson, late of 99 Kenwick Road, Kenwick, 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 4 September 2013, are required by the Executor of
the Estate, Gloria Marie MacDonald of care of Shaddicks Lawyers, PO Box 515, Busselton WA 6280,
to send particulars of their claim to her by 19 October 2018, after which date the Executor may
convey or distribute the assets having regard only to the claims of which she then has notice.
SHADDICKS LAWYERS PTY LTD as Solicitors for the Executor.
———————————