Local Government Property Amendment Local Law 2018
!2018064GG! 1469 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, FRIDAY, 4 MAY 2018 No. 64 PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT CONTENTS PART 1 Page City of Kalgoorlie-Boulder— Activities on Thoroughfares and Trading in Thoroughfares and Public Places Amendment Local Law 2018 ........................................................................................... 1473 Local Government Property Amendment Local Law 2018 ............................................... 1471 Managed Aquatic Resource (Pinctada maxima) Notice 2018 .................................................. 1471 Mining Amendment Regulations (No. 2) 2018 ......................................................................... 1477 Shire of Collie Bush Fire Brigades Amendment Local Law 2018 ........................................... 1476 ——— PART 2 Agriculture and Food ................................................................................................................. 1480 Deceased Estates ....................................................................................................................... 1486 Fisheries ..................................................................................................................................... 1481 Justice......................................................................................................................................... 1482 Local Government ...................................................................................................................... 1483 Minerals and Petroleum ............................................................................................................ 1483 Parliament.................................................................................................................................. 1483 Planning ..................................................................................................................................... 1484 Police .......................................................................................................................................... 1485 Premier and Cabinet.................................................................................................................. 1486
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4 May 2018 GOVERNMENT GAZETTE, WA 1471 — PART 1 — FISHERIES FI301 Aquatic Resources Management Act 2016 Managed Aquatic Resource (Pinctada maxima) Notice 2018 Made by the Minister under the Aquatic Resources Management Act 2016 section 14.
- Citation This notice is the Managed Aquatic Resource (Pinctada maxima) Notice 2018. Note: Under the Interpretation Act 1984 section 41(1)(b), this notice comes into operation on the day on which it is published in the Gazette.
- Declaration of managed aquatic resource Aquatic organisms of the species Pinctada maxima are declared to be a managed aquatic resource. D. KELLY, Minister for Fisheries. LOCAL GOVERNMENT LG301 LOCAL GOVERNMENT ACT 1995 City of Kalgoorlie-Boulder LOCAL GOVERNMENT PROPERTY AMENDMENT LOCAL LAW 2018 Under the powers conferred by the Local Government Act 1995 and by all other powers, the Council of the City of Kalgoorlie-Boulder resolved on 23 April 2018 to make the following local law.
- Citation This local law may be cited as the City of Kalgoorlie-Boulder Local Government Property Amendment Local Law 2018.
- Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.
1472 GOVERNMENT GAZETTE, WA 4 May 2018 3. Principal Local Law In this local law, the City of Kalgoorlie-Boulder Local Government Property Local Law 2010 published in the Government Gazette on 15 August 2011 is referred to as the Principal Local Law. 4. Principal Local Law amended The Principal Local Law is amended as set out in clause 5-8 of this local law. 5. Clause 1.6(1) amended In clause 1.6(1) delete the definition of “surf riding equipment” and insert the following definition in its place— “ “solicit” in relation to money, means actively seeking or calling for a gift or donation from another person, but does not include— (a) a non verbal invitation to place a donation in a receptacle by a street entertainer performing in a public place in accordance with a permit issued under Part 6, Division 2 of the City of Kalgoorlie-Boulder Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law; or (b) a request for pledges or commitments to provide donations by a charitable organisation registered with the Australian Charities and Not-for-profits Commission.” 6. Clause 3.13(1) amended (1) In clause 3.13(1)(q) delete the word “or” at the end of the subclause. (2) In clause 3.13(1)(r) delete the full stop at the end of the subclause and insert “; or”. (3) In clause 3.13(1) insert the following additional subclauses after subclause (r)— “(s) solicit money from a member of the public; (t) unreasonably obstruct or interfere with the passage of pedestrian or vehicular traffic on local government property; or (u) place or cause to be placed any furniture in or on local government property. 7. Clause 4.1 amended Delete clause 4.1 and insert the following clause in its place— “ 4.1 Prohibited behaviour on local government property (1) A person must not, in or on any local government property, behave in a manner which– (a) is likely to interfere with the enjoyment of a person who might use the property; or (b) interferes with the enjoyment of a person using the property.” (2) A person must not, in or on any local government property— (a) annoy, molest or obstruct any other person; (b) defecate or urinate except in a toilet or urinal (as the case may be) in a public convenience; (c) commit an indecent or offensive act; or (d) use any threatening, abusive or insulting words. 8. Schedule 1 amended Delete the Table contained in Schedule 1 and insert the following Table in its place— [cl.9.4] OFFENCES AND MODIFIED PENALTIES Item No. Clause No. Nature of offences Modified penalties ($) 1 2.4 Failure to comply with determination 250 2 3.6 Failure to comply with conditions of permit 250 3 3.13(1) Failure to obtain a permit 250 4 3.14(2) Failure to obtain permit to camp outside a facility 250 5 3.15(1) Failure to obtain permit for liquor 300 6 3.16 Failure of permit holder to comply with responsibilities 250 7 4.1(1), (2) Prohibited behaviour on local government property 300 8 4.2(1) Behaviour detrimental to property 400 9 4.4(2) Taking or injuring any fauna 400
4 May 2018 GOVERNMENT GAZETTE, WA 1473 Item No. Clause No. Nature of offences Modified penalties ($) 10 4.5(2) Removing or damaging any flora 400 11 4.6 Under influence of liquor or prohibited drug 300 12 4.7 Taking, consuming or using a prohibited drug on local government property 300 13 4.10(2) Failure to comply with sign on local government property 250 14 5.2 Consuming food or drink in prohibited area 250 15 5.4(1)(a) Male using entry of toilet block and change room specified for female gender 250 16 5.4(1)(b) Female using entry of toilet block and change room specified for male gender 250 17 5.16 Failure to comply with direction of controller or notice on golf course 250 18 5.18 Unauthorised entry to fenced or closed local government property 250 19 6.1(1) Unauthorised entry to function on local government property 250 20 8.1 Failure to obey lawful direction of an authorised person 300 21 8.2 Failure to obey direction of authorised person to leave local government property 300 22 9.1 Failure to comply with notice 300 ———— Dated this 26th day of April 2018. The Common Seal of the City of Kalgoorlie-Boulder was affixed by authority of a resolution of the Council in the presence of— JOHN JAMES MANSELL BOWLER, Mayor. JOHN HAROLD WALKER, Chief Executive Officer. ——————————— LG302 LOCAL GOVERNMENT ACT 1995 City of Kalgoorlie-Boulder ACTIVITIES ON THOROUGHFARES AND TRADING IN THOROUGHFARES AND PUBLIC PLACES AMENDMENT LOCAL LAW 2018 Under the powers conferred by the Local Government Act 1995 and by all other powers, the Council of the City of Kalgoorlie-Boulder resolved on 23 April 2018 to make the following local law.
- Citation This local law may be cited as the City of Kalgoorlie-Boulder Activities on Thoroughfares and Trading in Thoroughfares 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 In this local law, the City of Kalgoorlie-Boulder Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law published in the Government Gazette on 18 August 2000 is referred to as the Principal Local Law.
- Principal Local Law amended The Principal Local Law is amended as set out in clause 5-8 of this local law.
- Clause 1.2 amended (1) In clause 1.2 insert the following definition in the correct alphabetical order— “ “nuisance” includes any unreasonable interference with a person’s use and enjoyment of a public place”
1474 GOVERNMENT GAZETTE, WA 4 May 2018 (2) In clause 1.2 insert the following definition in the correct alphabetical order— “ “solicit” in relation to money, means actively seeking or calling for a gift or donation from another person, but does not include— (a) a non verbal invitation to place a donation in a receptacle by a street entertainer performing in a public place in accordance with a permit issued under Part 6, Division 2 of this local law; or (b) a request for pledges or commitments to provide donations by a charitable organisation registered with the Australian Charities and Not-for-profits Commission.” 6. Clause 2.1 amended (1) In clause 2.1(f) delete the word “or” at the end of the subclause. (2) In clause 2.1(g) delete the full stop at the end of the subclause and insert “; or”. (3) In clause 2.1 insert the following additional subclauses after subclause (1)(g)— “(h) annoy, molest or obstruct any other person in or on a public place; (i) defecate or urinate in or on a public place except in a toilet or urinal (as the case may be) in a public convenience; (j) commit an indecent or offensive act in or on a public place; (k) use any threatening, abusive or insulting words in or on a public place; or (l) destroy, damage, alter, mark, deface or remove any property or thing in or on a public place.” 7. Clause 2.2 amended (1) In clause 2.2(1)(l) delete the word “or” at the end of the subclause. (2) In clause 2.2(1)(m) insert the word “or” at the end of the subclause after the semi- colon; (3) In clause 2.2(1) insert after subclause (1)(m) and the Advisory note in parantheses the following additional subclauses— “(n) solicit money from a member of the public; or (o) place or cause to be placed any furniture in or on a public place.” 8. Schedule 1 amended Delete the Table contained in Schedule 1 and insert the following Table in its place— SCHEDULE 1 PRESCRIBED OFFENCES Clause Description Modified penalties $ 2.1(a) Plant of 0.75m in height on thoroughfare within 6m of intersection 200 2.1(b) Damaging lawn or garden 200 2.1(c) Plant (except grass) on thoroughfare within 3m of carriageway 200 2.1(d) Placing hazardous substance on footpath 200 2.1(e) Damaging or interfering with signpost or structure on thoroughfare 300 2.1(f) Playing games so as to impede vehicles or persons on thoroughfare 200 2.1(g) Riding of skateboard or similar device on mall or verandah of shopping centre 200 2.1(h) Annoy, molest or obstruct any other person in or on a public place 300 2.1(i) Defecate or urinate in or on a public place except in a toilet or urinal (as the case may be) in a public convenience 300 2.1(j) Commit an indecent or offensive act in or on a public place 300 2.1(k) Use any threatening, abusive or insulting words in or on a public place 250 2.1(l) Destroy, damage, alter, mark, deface or remove any property or thing in or on a public place 300 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 200
4 May 2018 GOVERNMENT GAZETTE, WA 1475 Clause Description Modified penalties $ 2.2(1)(b) Throwing or placing anything on a verge without a permit 200 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a permit 200 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a permit 200 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a permit 200 2.2(1)(f) Damaging a thoroughfare 300 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 300 2.2(1)(h) Felling tree onto thoroughfare without a permit 300 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 300 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over a thoroughfare without a permit 300 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 300 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a permit 300 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 300 2.2(1)(n) Solicit money from member of the public 300 2.2(1)(o) Place furniture in or on a public place 300 2.3(1) Consumption or possession of liquor on a thoroughfare 300 2.4(1) Failure to obtain permit for temporary crossing 300 2.5(2) Failure to comply with notice to remove crossing and reinstate kerb 300 2.9(1) Installation of verge treatment other than permissible verge treatment 300 2.10 Failure to maintain permissible verge treatment or placement of obstruction on verge 200 2.11 Failure to comply with notice to rectify default 200 2.17(2) Failure to comply with sign on public place 200 2.19(1) Driving or taking a vehicle on a closed thoroughfare 200 3.2(1) Placing advertising sign or affixing any advertisement on a thoroughfare without a permit 200 3.2(5) Erecting or placing of advertising sign in a prohibited area 200 4.1(1) Animal or vehicle obstructing a public place or local government property 200 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 200 4.2(2)(b) Animal on public place with infectious disease 200 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 200 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 200 4.5 Person leaving shopping trolley in public place other than trolley bay 200 4.6(2) Failure to remove shopping trolley upon being advised of location 200 5.6(1) Driving a vehicle on other than the carriageway of a flora road 300 5.9 Planting in thoroughfare without a permit 300 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
1476 GOVERNMENT GAZETTE, WA 4 May 2018 Clause Description Modified penalties $ 5.19 Commercial harvesting of native flora on thoroughfare 500 5.20(1) Collecting seed from native flora on thoroughfare without a permit 300 6.2(1) Conducting of stall in public place without a permit 300 6.3(1) Trading without a permit 300 6.8(1)(a) Failure of stallholder or trader to display or carry permit 200 6.8(1)(b) Stallholder or trader not displaying valid permit 100 6.8(1)(c) Stallholder or trader not carrying certified scales when selling goods by weight 100 6.8(2) Stallholder or trader engaged in prohibited conduct 200 6.10 Performing in a public place without a permit 200 6.11(2) Failure of performer to move onto another area when directed 200 6.14 Failure of performer to comply with obligations 200 6.16 Establishment or conduct of outdoor eating facility without a permit 300 6.18 Failure of permit holder of outdoor eating facility to comply with obligations 200 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 condition of a permit 200 7.9 Failure to produce permit on request of authorised person 200 10.1 Failure to comply with notice given under local law 200 ———— Dated this 26th day of April 2018. The Common Seal of the City of Kalgoorlie-Boulder was affixed by authority of a resolution of the Council in the presence of— JOHN JAMES MANSELL BOWLER, Mayor. JOHN HAROLD WALKER, Chief Executive Officer. ——————————— LG303 BUSH FIRES ACT 1954 LOCAL GOVERNMENT ACT 1995 Shire of Collie BUSH FIRE BRIGADES AMENDMENT LOCAL LAW 2018 Under the powers conferred by the Bush Fires Act 1954, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Collie resolved on 17 April 2018 to make the following local law.
- Citation This local law may be cited as the Shire of Collie Bush Fire Brigades 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 This local law amends the Shire of Collie Bush Fire Brigades Local Law 2017 as published in the Government Gazette on 21 July 2017.
- Clause 1.2(1) amended In clause 1.2(1) in the definition for Rules delete “as varied from time to time under clause 2.5”.
4 May 2018 GOVERNMENT GAZETTE, WA 1477 5. Schedule 1 amended Schedule 1 is amended as follows— (a) in clause 1.1(2) in the definition of local law after “Law” insert “2017”; (b) in clause 2.3(d) delete “LG” and replace with “local government”; (c) in clause 2.6 delete “Department of Fire and Emergency Services” and replace with “Department”; (d) in clause 2.11(c) delete “clause 2.8(1)” and insert “clause 2.8(2)”; (e) in clause 3.8(h) delete “CBFCO” and insert “Chief Bush Fire Control Officer”; (f) in clause 4.2(5) delete “ne” and insert “be”; (g) after clause 7.5 insert— 7.6 Fees (1) The membership fees, if any, for each type of member for the ensuing 12 months are to be determined by the bush fire brigade at the annual general meeting. (2) Subject to subclause (3), a member is to pay the membership fees for his or her type of membership on or before 31 March. (3) The bush fire brigade may exempt a brigade member, or a class of membership, from the payment of membership fees, for such period and on such conditions as the bush fire brigade may determine. Dated 17 April 2018. The common seal of the Shire of Collie was affixed by authority of a resolution of the Council in the presence of— Cr. SARAH STANLEY, Shire President. Mr. BRETT LOWCOCK, A/Chief Executive Officer. MINERALS AND PETROLEUM MP301 Mining Act 1978 Mining Amendment Regulations (No. 2) 2018 Made by the Governor in Executive Council.
- Citation These regulations are the Mining Amendment Regulations (No. 2) 2018.
- Commencement These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on 1 July 2018.
- Regulations amended These regulations amend the Mining Regulations 1981.
1478 GOVERNMENT GAZETTE, WA 4 May 2018 4. Regulation 86AA amended (1) In regulation 86AA(8) and (9) after “gold bearing material” (1st occurrence) insert: (other than material to which subregulation (9A) applies) (2) After regulation 86AA(9) insert: (9A) If gold bearing material is exported from Australia as a concentrate or as crushed or screened material (that is, not in the form of a metal) — (a) gold metal is to be regarded as being produced from the gold bearing material at the time when the ship used to export the material arrives at the place where the material is to be unloaded; and (b) the amount of gold metal that is to be regarded as being produced from the gold bearing material is — (i) the payable gold metal content of the material as ascertained by the Director General of Mines from the invoice or invoices for the material or assays of the material; or (ii) if ascertaining the amount described in subparagraph (i) is not practicable — the amount determined by the Director General of Mines, after consultation with the person liable to pay the royalty, to be a reasonable estimate of the gold metal content. (3) In regulation 86AA(10): (a) in paragraph (b) delete “amount,” and insert: amount; or (b) after paragraph (b) insert: (c) after an amount has been determined under subregulation (9A)(b)(ii) to be a reasonable estimate of the gold metal content of gold bearing material, the Director General of Mines is satisfied by information given by the person liable to pay the royalty that the payable gold metal content of the material differs from the estimated amount,
4 May 2018 GOVERNMENT GAZETTE, WA 1479 (4) In regulation 86AA(11) insert in alphabetical order: invoice, for gold bearing material, means an invoice (other than an interim invoice) for the sale of the material or the metal or mineral content of the material; payable gold metal content, of gold bearing material, means the gold metal content of the material ascertained, on a payable basis (which includes taking into account a fair and reasonable estimate of refining or smelting losses), from assays of the material; N. HAGLEY, Clerk of the Executive Council. ———————————
1480 GOVERNMENT GAZETTE, WA 4 May 2018 — PART 2 — AGRICULTURE AND FOOD AG401 BIOSECURITY AND AGRICULTURE MANAGEMENT REGULATIONS 2013 QUARANTINE AREA NOTICE Queensland Fruit Fly in Como, Kensington, Karawara and South Perth
- Under regulation 60 of the Biosecurity and Agriculture Management Regulations 2013 (Regulations) the area of South Perth bordered by and including the area from the southern side of Richardson Street (and a line extended from Richardson Street to the north bound lane of Kwinana Freeway), western side of Labouchere Road, south western side of Angelo Street, eastern side of Coode Street, southern side of Mill Point Road, south western side of Dyson Street, north western side of George Street, south western side of Baron-Hay Court, western side of Kent Street, northern side of Manning Road, northern side of Wooltana Street and a line extended to the north bound lane of Kwinana Freeway (see website agric.wa.gov.au/qfly2018 for map) is declared to constitute a quarantine area until 24 July 2018.
- This quarantine area is declared because the declared pest Bactrocera (Bactrocera) tryoni (Froggatt, 1897) (Qfly or Queensland fruit fly) has been detected within the area.
- Each person who is the occupier of land within the quarantine area must ensure that any ripening fruit on plants or trees, or any fruit that has fallen to the ground from a plant or tree on that land is removed and disposed of every three days. Fruit means any host fruit of Queensland fruit fly listed in the tables below.
- Fruit is to be disposed of by eating the fruit, cooking (boiling or microwaving), freezing or solarisation (securing in a sealed plastic bag which is placed in direct sunlight for a period of three days).
- Persons other than inspectors must not move any non-commercially produced fruit from the quarantine area except in accordance with— (a) this notice; or (b) an approval under regulation 67 of the Regulations; or (c) a general exemption under regulation 71 of the Regulations.
- Non-commercially produced fruit is moved in accordance with this notice if it is moved after being either cooked (boiled or microwaved), frozen or solarised.
- Each person who is the owner or occupier of land in the quarantine area is taken to have been given a quarantine notice that applies to that land in the terms of this quarantine area notice.
- Failure to comply with this quarantine area notice could result in a fine, the Director General taking remedial action under section 133 of the Biosecurity and Agriculture Management Act 2007, or both. Queensland Fruit Fly Hosts Common Name Scientific Name Abiu Pouteria caimito Acerola Malpighia glabra Achachairu Garcinia humilis Apple Malus domestica Apricot Prunus armeniaca Avocado Persea americana Babaco Carica pentagona Banana Musa acuminata Blackberry Rubus fruiticosus Black Sapote Diospyros ebenum Blueberry Vaccinium corymbosum Brazil Cherry Eugenia uniflora Caimito Chrysophyllum cainito Cape Gooseberry Physalis peruviana Capsicum Capsicum annuum var. grossum Carambola Averrhoa carambola Common Name Scientific Name Cashew Apple Anacardium occidentale Casimiroa Casimiroa edulis Cherimoya Annona cherimolia Cherry Prunus avium Chilli Capsicum annuum var. acuminatum Citron Citrus medica Coffee berry Coffea species Custard Apple Annona squamosa Date (fresh) Phoenix dactylifera Dragon Fruit Hyloscereus undatus Durian Durio zibethinus Eggplant Solanum melongena Feijoa Feijoa sellowiana Fig Ficus carica Granadilla Passiflora quadrangularis Grapefruit Citrus paradisi
4 May 2018 GOVERNMENT GAZETTE, WA 1481 Common Name Scientific Name Grapes Vitis species Grumichama Eugenia braziliensis Guava Psidium species Hog Plum Spondias mombin Jaboticaba Myrciaria cauliflora Jackfruit Artocarpus heterophyllus Kiwifruit Actinidia deliciosa Kumquat Fortunella japonica Lemon Citrus meyeri (Also Citrus limon x citrus chinese) Lime—West Indian Lime Citrus aurantiifolia Lime—Tahitian Lime Citrus latifolia Lime—Rangpur Lime Citrus reticulata var. austera Lime—Finger Lime Citrus australasica Loganberry Rubus loganaoaccus Loofa, Smooth Luffa cylindrica Loquat Eriobotrya japonica Lychee Litchii chinensis Mandarin Citrus reticulata Mango Mangifera indica Mangosteen Garcinia mangostana Mulberry Morus nigra Nashi Pyrus pyrifolia var. culta Nectarine Prunus persicae var. nectarina Olive Olea europaea Orange Citrus aurantium, Citrus sinensis Passionfruit Passiflora spp. Common Name Scientific Name Pawpaw Carica papaya Peach Prunus persica Peacharine Prunus nucipersica Pear Pyrus communis Pepino Solanum muricatum Persimmon Diospyros kaki Plum Prunus domestica Plumcot Prunus domestica x Prunus armeniaca Pomegranate Punica granatum Prickly Pear Opuntia stricta or O. ficus indica Pummelo Citrus grandis Quince Cydonia oblonga Rambutan Nephelium lappaceum Raspberry Rubus idaeus Rollinia Rollinia deliciosa Rose Apple Syzygium jambos Santol Sandoricum indicum Sapodilla Manilkara zapota Sapote Sapote Soursop Annona muricata Strawberry Fragaria ananassa Sweetsop Annona squamosa Tamarillo Cyphomandra betacea Tangelo Citrus reticulata x C. paradisi Tangor Citrus reticulata × C. sinensis Tomato Lycopersicon esculentum Wax jambu / Water Apple Syzygium samarangense MIA CARBON, Acting Executive Director, Biosecurity, Department of Primary Industries and Regional Development. FISHERIES FI401 FISH RESOURCES MANAGEMENT ACT 1994 INTENTION TO DETERMINE A MANAGEMENT PLAN FOR THE KIMBERLEY CRAB MANAGED FISHERY FD 3717/14 [1218] I, Dave Kelly MLA, Minister for Fisheries, hereby give notice in accordance with section 64(2) of the Fish Resources Management Act 1994 that I intend to determine a management plan for the Kimberley Crab Managed Fishery. A copy of the draft management plan may be obtained from the website of the Department of Primary Industries and Regional Development (https://dpird.wa.gov.au). Interested persons who wish to comment on the draft management plan are invited to make representations in writing to the Minister for Fisheries by 4 pm, Monday 4 June 2018. Representations may be forwarded to— Minister for Fisheries Draft Kimberley Crab Managed Fishery Management Plan 2018 c/- Deputy Director General Sustainability and Biosecurity Department of Primary Industries and Regional Development 140 William Street Perth WA 6000 Alternatively, written submissions may be forwarded electronically to: Ellen.Smith@dpird.wa.gov.au Dated the 26th day of April 2018. D. KELLY, Minister for Fisheries.
1482 GOVERNMENT GAZETTE, WA 4 May 2018 FI402 FISH RESOURCES MANAGEMENT ACT 1994 INTENTION TO DETERMINE A MANAGEMENT PLAN FOR THE PILBARA CRAB MANAGED FISHERY FD 7100/16 [1314] I, Dave Kelly MLA, Minister for Fisheries, hereby give notice in accordance with section 64(2) of the Fish Resources Management Act 1994 that I intend to determine a management plan for the Pilbara Crab Managed Fishery. A copy of the draft management plan may be obtained from the website of the Department of Primary Industries and Regional Development (https://dpird.wa.gov.au). Interested persons who wish to comment on the draft management plan are invited to make representations in writing to the Minister for Fisheries by 4 pm, Monday 4 June 2018. Representations may be forwarded to— Minister for Fisheries Draft Pilbara Crab Managed Fishery Management Plan 2018 c/- Deputy Director General Sustainability and Biosecurity Department of Primary Industries and Regional Development 140 William Street Perth WA 6000 Alternatively, written submissions may be forwarded electronically to: Ellen.Smith@dpird.wa.gov.au Dated the 26th day of April 2018. D. KELLY, Minister for Fisheries. JUSTICE JU401 JUSTICES OF THE PEACE ACT 2004 APPOINTMENT It is hereby notified for public information that Her Excellency the Governor in Executive Council has approved of the following to the Office of Justice of the Peace for the State of Western Australia— Stephen John Catania of Craigie JOANNE STAMPALIA, Executive Director, Court and Tribunal Services. ——————————— JU402 JUSTICES OF THE PEACE ACT 2004 RESIGNATIONS It is hereby notified for public information that the Minister has accepted the resignation of— Mr Norman Edward Lyon of Bonniefield Mr Michael Jerome Tichbon of Boyanup from the Office of Justice of the Peace for the State of Western Australia. JOANNE STAMPALIA, Executive Director, Court and Tribunal Services.
4 May 2018 GOVERNMENT GAZETTE, WA 1483 LOCAL GOVERNMENT LG401 SHIRE OF NUNGARIN APPOINTMENTS It is hereby notified for public information that Kim Michael Joseph Friis and George Charles Ward have been appointed by the Council of the Shire of Nungarin as Authorised Officer(s) to enforce the provisions of the following— Section 449 of the Local Government (Miscellaneous Provisions) Act 1960 Section 9.10 of the Local Government Act 1995 for Local Laws Section 29(1) of the Dog Act 1976 and Regulations Section 45(1) of the Cat Act 2011 and Regulations Section 26(1) of the Litter Act 1979 Section 38(3) of the Control of Vehicles (Off-road Areas) Act 1978; and Shire of Nungarin Local Laws ADAM MAJID, Chief Executive Officer. MINERALS AND PETROLEUM MP401 MINING ACT 1978 FORFEITURE Department of Mines, Industry Regualtion and Safety, East Perth WA 6004. I hereby declare in accordance with the provisions of section 97 of the Mining Act 1978 that the undermentioned mining tenement is forfeited for failure to comply with the rent obligations being failure to pay annual rent. ANTHONY THOMAS BULLEN, Acting Executive Director, Resource Tenure. ———— Tenement Holder Mineral Field MINING LEASE 58/207 Abbott, George Arthur Malaxos, Kevin John Kneale, Craig Peter Wiltshire, Kim Mervyn Murchison PARLIAMENT PA401 PARLIAMENT OF WESTERN AUSTRALIA Royal Assent to Bills It is hereby notified for public information that the Governor has Assented in the name and on behalf of Her Majesty the Queen, on the dates shown, to the undermentioned Acts passed by the Legislative Council and the Legislative Assembly during the First Session of the Fortieth Parliament. Title of Act Date of Assent Act No. Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018 19 April 2018 3 of 2018 Health Practitioner Regulation National Law (WA) Amendment Act 2018 19 April 2018 4 of 2018 Land Tax Assessment Amendment Act 2018 26 April 2018 5 of 2018 NIGEL PRATT, Clerk of the Parliaments. 27 April 2018.
1484 GOVERNMENT GAZETTE, WA 4 May 2018 PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 METROPOLITAN REGION SCHEME MAJOR AMENDMENTS 1323/41—South Bullsbrook Urban Precinct 1324/41—Central Bullsbrook Urban Precinct 1325/41—North Bullsbrook Urban Precinct Call for Public Submissions The Western Australian Planning Commission (WAPC) is seeking public comment on proposals to amend the Metropolitan Region Scheme (MRS) for the Bullsbrook Urban Precincts in the City of Swan. 1323/41—South Bullsbrook Urban Precinct The purpose of this amendment is to transfer approximately 210.7 ha of Rural zoned land to the Urban Deferred zone in the MRS. 1324/41—Central Bullsbrook Urban Precinct The purpose of this amendment is to rezone approximately 153.17 ha of Rural zoned land to the Urban Deferred zone in the MRS. 1325/41—North Bullsbrook Urban Precinct The purpose of this amendment is to rezone approximately 63.75 ha of Rural zoned land to the Urban Deferred zone in the MRS. The proposed amendments will facilitate further planning to enable the future development of the amendment area for urban residential purposes Display locations Details of the proposals can be found in the WAPC’s explanatory amendment reports. A separate report exists for each amendment. These documents, along with the amending plans and other supporting documentation showing the proposed changes to the zones and reservations of the MRS, will be available for public inspection, free of charge from 2 March 2018 to 8 June 2018. All documents are available at the offices of— Western Australian Planning Commission, 140 William Street, Perth J S Battye Library, Level 3 Alexander Library Building, Perth Cultural Centre City of Perth City of Fremantle City of Swan City of Kalamunda Documents can also be viewed online at www.planning.wa.gov.au/public-comment. Submissions Any person who desires to make a submission to support, object or provide comment on any part of the proposed amendment should do so on a Form 41, which is available from the display locations, the amendment report and online. Submissions can be lodged online or by post to: Secretary, Western Australian Planning Commission, Locked Bag 2506, Perth WA 6001. Submissions close 5pm, Friday 8 June 2018. Late submissions will not be considered. KERRINE BLENKINSOP, Secretary, Western Australian Planning Commission. ——————————— PL402 PLANNING AND DEVELOPMENT ACT 2005 APPROVED TOWN PLANNING SCHEME AMENDMENT City of Subiaco Town Planning Scheme No. 4—Amendment No. 36 Ref: TPS/2253 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 Subiaco Town Planning Scheme amendment on 27 April 2018 for the purpose of— Inserting sub-clauses 42(1)(a) and 42(1)(b) as follows— (a) Notwithstanding any provisions of the Residential Design Codes to the contrary, buildings on land within the Residential Zone having an R Code density of R15, R20 and R25 shall not exceed 6.5 metres overall height and 3.6 metres wall height.
4 May 2018 GOVERNMENT GAZETTE, WA 1485 (b) The local government may permit a variation to subclause (a) and permit buildings of up to 9 metres overall height and 6 metres wall height, where the local government is satisfied that there is to be no undue adverse impact on adjoining residential sites or the general amenity of the locality. P. TAYLOR, Mayor. D. BURNETT, Chief Executive Officer. ——————————— PL403 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Northam Local Planning Scheme No. 6—Amendment No. 11 Ref: TPS/2228 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 Northam Local Planning Scheme amendment on 6 April 2018 for the purpose of—
- Recoding Lot 23 (#9) Jessup Terrace, Northam to ‘Residential R15/30’.
- Amend the Scheme Map, accordingly. C. ANTONIO, President. C. HUNT, A/Chief Executive Officer. ——————————— PL404 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Dardanup Local Planning Scheme No. 3—Amendment No. 198 Ref: TPS/2091 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 Dardanup Local Planning Scheme amendment on 20 April 2018 for the purpose of— (a) Rezoning Pt Lt 75 Clarke Street, Burekup from ‘General Farming’ to ‘Residential’ with a density coding of ‘R15’; and (b) Modifying the Scheme Map accordingly. M. BENNETT, President. M. CHESTER, Chief Executive Officer. POLICE PO401 ROAD TRAFFIC ACT 1974 ROAD TRAFFIC CODE 2000 AUTHORISED PERSONS Declaration Regulation 272 of the Road Traffic Code—Obedience to Police or Authorised Persons I, Christopher John Dawson, Commissioner of Police, acting pursuant to regulation 271 of the Road Traffic Code 2000 hereby declare that a person who is a “licensed pilot vehicle driver” pursuant to regulation 3 of the Road Traffic Code 2000 is an authorised person for the purposes of regulations 272(1)(a) and 272(1)(d) of the Road Traffic Code 2000—whilst performing their functions in facilitating the safe movement of an oversize vehicle escorted by a licensed pilot vehicle driver. Dated: 27 April 2018. CHRIS DAWSON, Commissioner of Police. ———— Surname First Name State Pilot Licence Number Training Provider Collings Adam WA 01112 Keen Bros (WA)
1486 GOVERNMENT GAZETTE, WA 4 May 2018 PO402 ROAD TRAFFIC ACT 1974 ROAD TRAFFIC CODE 2000 AUTHORISED PERSONS Declaration Regulation 272 of the Road Traffic Code—Obedience to Police or Authorised Persons I, Christopher John Dawson, Commissioner of Police, acting pursuant to regulation 271 of the Road Traffic Code 2000 hereby declare that a person who is a “licensed pilot vehicle driver” pursuant to regulation 3 of the Road Traffic Code 2000 is an authorised person for the purposes of regulations 272(1)(a) and 272(1)(d) of the Road Traffic Code 2000—whilst performing their functions in facilitating the safe movement of an oversize vehicle escorted by a licensed pilot vehicle driver. Dated: 20 April 2018. CHRIS DAWSON, Commissioner of Police. ———— Surname First Name State Pilot Licence Number Training Provider Hird David WA 01102 Keen Bros (WA) Harrison James WA 01103 Keen Bros (WA) PREMIER AND CABINET PR401 RETENTION OF TITLE ‘HONOURABLE’ It is hereby notified for public information that the Governor, on behalf of Her Majesty the Queen, has approved the retention of the title “Honourable” by the Hon Justice John Chaney, who will retire as a Judge of the Supreme Court of Western Australia on 29 June 2018. D. FOSTER, Director General, Department of the Premier and Cabinet. ——————————— PR402 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 S. M. Ellery MLC to act temporarily in the office of Premier; Minister for Public Sector Management; State Development, Jobs and Trade; Federal-State Relations in the absence of the Hon M McGowan MLA for the period 6 to 9 June 2018 (both dates inclusive). D. FOSTER, Director General, Department of the Premier and Cabinet. DECEASED ESTATES ZX401 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 William James Udell, late of William Carey Court Residential Aged Care Facility, 450 Bussell Highway, Busselton, who died on 24 October 2017, are required by the personal representative to send particulars of their claims addressed to the Executors of the Estate of William James Udell deceased, care of Young & Young, 5 Spencer Street, Bunbury, Western Australia by the 30th day of May 2018, after which date the personal representative may convey or distribute the assets having regard only to the claims of which the personal representative then has notice.
4 May 2018 GOVERNMENT GAZETTE, WA 1487 ZX402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Wilhelm Dahmen, late of J E Murray Home, 16 Deerness Way, Armadale, Western Australia (formerly of 19 Seville Drive, Armadale, Western Australia), Retired Metallurgist, 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 January 2018, are required by the Trustee Equity Trustees Wealth Services Limited ACN 006 132 332 of Level 2, 575 Bourke Street, Melbourne VIC 3000 to send particulars of their claim to them by 13 June 2018, after which date the Trustee may convey or distribute the assets having regard only to the claims of which it then has notice. ——————————— ZX403 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 Perpetual Trustee Company Limited, Level 12, 123 Pitt Street, Sydney NSW, to send particulars of such claims to the Company by the undermentioned date, after which date the said company may convey or distribute the assets, having regard only to the claims of which the Company then has notice. Claims for the following estates expire one month after the date of publication hereof. Estate Late Ian Gordon Atkins Late of Leederville Gardens Retirement Village, 37 Britannia Road, West Leederville, WA—Retired Accountant Died 8 February 2018 Estate Late Keith Edwin Robinson Late of 185 Hallett Road, Parkerville, WA—Retired Lecturer Found deceased 3 November 2017 Estate Late Frederick James Brooke Late of 4/178 Grosvenor Road, North Perth, WA—Retired Mail Sorter Died 16 January 2018 ——————————— ZX404 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 Trevor Lionel Johns, late of 11 Railway Road, Calingiri, Western Australia, who died on 26 August 2017, are required by the Administrator, Stephen Bruce Johns, to send particulars of their claims addressed to the Administrator, Estate of the late Trevor Lionel Johns, 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 Administrator may convey or distribute the assets having regard only to the claims of which the Administrator then has notice. Dated: 1 May 2018. LEACH LEGAL, Level 15, 240 St Georges Terrace, Perth WA 6000. ——————————— ZX406 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the estate of Maria Rosa Scata, late of 262 South Street, White Gum Valley, Western Australia, Administration Clerk, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the abovenamed deceased, who died on the 3rd day of November 2017, are
1488 GOVERNMENT GAZETTE, WA 4 May 2018 required by the personal representative Rosa Di Chiacchio of 6 Zlinya Close, Spearwood WA 6163, to send particulars of their claims to her by the 31st day of May 2018, after which date the personal representative may convey or distribute the assets having regard only to the claims of which she then has notice. ——————————— ZX405 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the matter of the Estate of Joyce Vivienne Nowland, late of 19/645 Hay Street, Jolimont in the State of Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the Estate of the deceased, who died on the 16th day of January 2018, are required by the Executor, Glen Bernard Giles, to send the particulars of their claim to Messrs Taylor Smart of 1 Regal Place, East Perth in the State of Western Australia by the 5th day of June 2018, after which date the said Executor may convey or distribute the assets, having regard only to the claims of which they then have had notice. Dated the 1st day of May 2018. GLEN B. GILES, Taylor Smart. ——————————— ZX407 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the matter of the estate of Terence Brian Slocum, late of 47 Waterford Drive, Hillarys in the State of Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the Estate of the deceased, who died on the 21st day of January 2017, are required by the Executor, Teresa May Norman, to send the particulars of their claim to Messrs Taylor Smart of 1 Regal Place, East Perth in the State of Western Australia, by the 5th day of June 2018, after which date the said Executor may convey or distribute the assets, having regard only to the claims of which they then have had notice. Dated the 1st day of May 2018. GLEN B. GILES, Taylor Smart. ——————————— ZX408 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the matter of the estate of Malcolm John Parr, late of 2 Brandon Street, South Perth in the State of Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the Estate of the deceased, who died on the 14th day of January 2018, are required by the Executor, Julie May Parr, to send the particulars of their claim to Messrs Taylor Smart of 1 Regal Place, East Perth in the State of Western Australia, by the 5th day of June 2018, after which date the said Executor may convey or distribute the assets, having regard only to the claims of which they then have had notice. Dated the 1st day of May 2018. GLEN B. GILES, Taylor Smart.
4 May 2018 GOVERNMENT GAZETTE, WA 1489 ZX409 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the Estates of the undermentioned deceased persons are required to send particulars of their claims to me on or before 4 June 2018, after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice. Ambrose, Roderick Rosslyn, late of Canning Lodge, 8 Caprice Place, Willetton, who died 8 February 2018 (DE19751190 EM37). Bird, Norma Constance, late of Bassendean Nursing Home, 25-27 Hamilton Street, Bassendean, formerly of 204 French Street, Tuart Hill, who died 31 March 2018 (DE19693051 EM38). Brown, Gwendolin May, late of Peter Arney Nursing Home, 1 Gentilli Way, Salter Point, formerly of Seville Grove Gardens, 23/15 Brechin Retreat, Seville Grove, Dorothy Genders Village, 99 McCabe Street, Mosman Park and St Judes Hostel, 30 Swan Street East, Guildford, who died 28 December 2017 (PM33143427 TM52). Farmer, Margaret Mollie, late of 38A Marian Street, Innaloo, who died 24 March 2018 (DE33136312 EM13). Graham, Allen James, late of Unit 2, 61 Gloucester Crescent, Shoalwater, who died 7 March 2018 (DE19751343 EM213). Hopkinson, Bonnie Fenwick, late of 487 Lower King Road, Lower King, who died 18 March 2018 (DE19921701 EM16). Kunievski, Vangeli, late of 131 Main Street, Balcatta, who died 23 October 2017 (PM33124428 TM52). Lawes, John Frankton, late of 11 Lourdes Street, Lesmurdie, formerly of 7/1 Poets Lane, Kalamunda, who died 17 August 2017 (DE33031001 EM110). Mulcahy, Bonnie Evelyn, late of 5 Portofino Turn, Ellenbrook, who died 31 March 2018 (DE19990468 EM23). Princz, George, late of Hellenic Community Aged Care, 2 Hellenic Drive, Dianella, who died 2 February 2018 (DE33125039 EM17). Schneider, Margaret Anne, late of 9 Nattai Court, Armadale, who died 14 January 2011 (DE19970949 EM22). Taylor, Stella Mary, late of Archbishop Goody Hostel, 29 Goderich Street, East Perth, who died 10 February 2018 (DE19842169 EM22). Young, Caroline, late of Leeming Retirement Village, Unit 23, 2 Theakston Green, Leeming, who died 30 March 2018 (DE19962209 EM24). BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212 ——————————— ZX410 PUBLIC TRUSTEE ACT 1941 ADMINISTERING OF ESTATES Notice is hereby given that pursuant to Section 14 of the Public Trustee Act 1941 and amendments the Public Trustee has elected to administer the estate of the undermentioned deceased person. Dated at Perth on the 4th day of May 2018. BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212 ———— Name of Deceased Address Date of Death Date Election Filed Whyte, John Joseph (DE19640415 EM36) Late of Craigcare Maylands, 6 Third Avenue East, Maylands, formerly of Unit 16, 9 Corderoy Way, Noranda 23 January 2018 26 April 2018 ———————————