Section 1 - Local Government Property and Public Places Amendment Local Law 2017 - Local Government Property and Public Places Amendment Local Law 2017 | Zoe
13 March 2018 GOVERNMENT GAZETTE, WA 905
— PART 1 —
LOCAL GOVERNMENT
LG303
WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
LOCAL GOVERNMENT ACT 1995
Shire of Capel
WASTE AMENDMENT LOCAL LAW 2017
Under the powers conferred on it by the Waste Avoidance and Resource Recovery
Act 2007 and the Local Government Act 1995 and under all other enabling powers,
the Council of the Shire of Capel resolved on 28 February 2018 to make this local
law.
Title
This local law may be cited as the Shire of Capel Waste Amendment Local Law 2017.
Commencement
This local law commences 14 days after the day on which it is published in the
Government Gazette.
Principal local law
This local law amends the Shire of Capel Waste Local Law 2016 published in the
Government Gazette on 13 February 2017.
Table of Contents amended
(1) In the contents, beneath clause 5.4, insert “5.5 Objection and appeal rights”.
(2) In the contents, in the clause title “5.4 Forms of notices” remove the “s” from the
word “forms”.
Part 5—Enforcement amended
In Part 5, insert the following clause after clause 5.4—
“5.5 Objection and appeal rights
Division 1 of Part 9 of the LG Act applies to a decision under this local law to
grant, renew, vary or cancel—
(a) an approval under clause 2.7(b);
(b) an exemption under clause 2.8(2);
(c) an authorisation under clause 2.9(b);
(d) an approval under clause 2.10(1);
(e) an authorisation under clause 3.2(1)(c);
(f) an approval under clause 3.2(2); and
(g) an approval under clause 3.3.”
————
Consented to—
M. ROWE, Chief Executive Officer,
Department of Water and Environmental Regulation.
Date: 5 February 2018.
————
The Common Seal of the Shire of Capel was affixed by authority of a resolution of
the Council in the presence of—
M. T. SCOTT, President.
P. F. SHEEDY, Chief Executive Officer.
Date: 28 February 2018.
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906 GOVERNMENT GAZETTE, WA 13 March 2018
LG301
LOCAL GOVERNMENT ACT 1995
Shire of Broome
TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT
AMENDMENT LOCAL LAW 2017
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 22 February 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 2017.
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 Trading, Outdoor Dining and Street
Entertainment Local Law 2016 as published in the Government Gazette on
16 January 2017.
Clause 1.6 amended
In clause 1.6—
(a) in the definition for event in item (a) replace “local government on private or
public land” with “district”;
(b) in the definition for event in item (b) replace “2012” with “2016”;
(c) in the definition for local government property in item (c) insert “, but
does not include a thoroughfare” prior to “; or”;
(d) in the definition for local government property in item (b) delete “, but
does not include a thoroughfare” after “section 3.53 of the Act”;
(e) delete the definition for public place and insert a new definition for public
place as follows—
“public place means—
(a) any thoroughfare or local government property; or
(b) any place which the public is allowed to use, whether the place is or is
not on private land, including park lands, squares, reserves, beaches,
the intertidal zone and other land designated as being for the use and
enjoyment of the public.”; and
(f) in the definition for trading in item (f) replace “in a public place” with “on
local government property or a thoroughfare”.
Clause 7.1 amended
In clause 7.1.1 delete “a public” and replace with “an approved”.
————
Dated: 28 February 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.
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LG302
LOCAL GOVERNMENT ACT 1995
Shire of Broome
LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES
AMENDMENT LOCAL LAW 2017
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 22 February 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 2017.
Commencement
This local law comes into operation 14 days after the date of its publication in the
Government Gazette.
13 March 2018 GOVERNMENT GAZETTE, WA 907
3. 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.
4. Clause 1.5 amended
In clause 1.5—
(a) in the definition for local government property in item (b) insert “, but
does not include a thoroughfare” prior to “; or”;
(b) in the definition for local government property delete “but does not
include a thoroughfare” after items (a), (b) and (c);
(c) delete the definition for private land;
(d) delete the definition for public place and insert a new definition for public
place as follows—
“public place means—
(a) any thoroughfare or local government property; or
(b) any place which the public is allowed to use, whether the place is or is
not on private land, including park lands, squares, reserves, beaches,
the intertidal zone and other land designated as being for the use and
enjoyment of the public.”
5. Clause 3.1 amended
In clause 3.1(b) delete “2003” and replace with “2016”.
6. Clause 3.2 amended
Clause 3.2 is amended as follows—
(a) in clause 3.2(1)(b) replace “at a public place” with “on local government
property or a thoroughfare”;
(b) in clause 3.2(1)(e) replace “within a public place” with “on local government
property or a thoroughfare”;
(c) in clause 3.2(1)(g)(iii) replace “on local government property” with “within a
public place”;
(d) delete clause 3.2(1)(i);
(e) in clause 3.2(1)(k) replace “a public place” with “local government property
or a thoroughfare”;
(f) in clause 3.2(1)(l) replace “within a public place” with “on local government
property or a thoroughfare”;
(g) in clause 3.2(1)(m) replace “within a public place” with “on local government
property or a thoroughfare;
(h) in clause 3.2(1)(n) replace “in a public place” with “on local government
property or a thoroughfare”;
(i) in clause 3.2(1)(o) replace “within a public place” with “on local government
property or a thoroughfare”;
(j) in clause 3.2(1)(p) replace “a public place” with “local government property
or a thoroughfare”;
(k) in clause 3.2(1)(r) replace “in a public place” with “on local government
property or a thoroughfare”; and
(l) in clause 3.2(4) delete “public”.
7. Clause 3.4 amended
In clause 3.4(1) replace “in a public place” with “on local government property”.
8. Clause 3.15 amended
Clause 3.15 is amended as follows—
delete clause 3.15(b) and insert a new clause 3.15(b) as follows—
“(b) where the permit relates to an activity on local government property
or a thoroughfare—
(i) leave the local government property or thoroughfare in a clean
and tidy condition after its use;
(ii) report any damage or defacement of the local government
property or thoroughfare to the local government;
(iii) take steps to repair or rectify any damage or defacement of the
local government property or thoroughfare as directed by the
local government; and
(iv) prevent the consumption of any liquor on the local government
property or thoroughfare unless—
i. the permit allows it; and
ii. If applicable a licence has been obtained under the Liquor
Control Act 1988 for that purpose.
908 GOVERNMENT GAZETTE, WA 13 March 2018
9. Clause 4.2 amended
Clause 4.2 is amended as follows—
(a) in clause 4.2(1) replace “in a public place” with “on local government
property or a thoroughfare”;
(b) in clause 4.2(2)(a) delete “public”;
(c) in clause 4.2(2)(b) delete “public”; and
(d) in clause 4.2(2)(c) delete “public”.
10. Clause 4.4 amended
In clause 4.4(1) replace “public place” with “local government property or
thoroughfare”.
11. Clause 4.5 amended
In clause 4.5(c) delete “public”.
12. Clause 4.8 amended
In clause 4.8(1)—
(a) replace “in a public place” with “on local government property”; and
(b) replace “public place” with “property”.
13. Clause 5.1 amended
In clause 5.1(1) replace “3.5” with “3.2”.
14. Clause 7.2 amended
In clause 7.2(1)(a) replace “a public place” with “local government property”.
15. Clause 8.3 amended
Clause 8.3 is amended as follows—
(a) insert the word ‘or’ at the end of 8.3(c)(ii)A;
(b) in clause 8.3(c)(ii)B. insert words ‘or gravel 20mm<’ following the words
‘crushed rock’;
(c) delete the word ‘or’ at the end of 8.3(c)(ii)B; and
(d) delete clause 8.3(c)(ii)C.
16. Clause 8.5 amended
Clause 8.5 is amended as follows—
(a) replace “bitumen,” with “bitumen or”; and
(b) delete “or an area of inorganic material which exceeds 20 square metres”.
17. Part 9 heading amended
The heading for Part 9 is amended by replacing “in public places” with “on local
government property and thoroughfares”.
18. Clause 9.3 amended
Clause 9.3 is amended as follows—
(a) in clause 9.3(1)(a) replace “in a public place” with “on local government
property or a thoroughfare”; and
(b) in clause 9.3(1)(b) replace “in a public place” with “on local government
property or a thoroughfare”.
19. Clause 9.5 amended
In clause 9.5(1)(a)(vii) replace “public” with “thoroughfare or”.
20. Clause 9.6 amended
Clause 9.6 is amended as follows—
(a) in clause 9.6(1) replace “in a public place” with “on local government
property or a thoroughfare”;
(b) in clause 9.6(1)(c) replace “public” with “thoroughfare or”; and
(c) in clause 9.6(1)(h) replace “in a public place” with “on a thoroughfare”.
21. Schedule 1 amended
Schedule 1 is amended as follows—
(a) in the General Description of Offence for item 24 replace “a public place or”
with “local government property or a”; and
(b) in the General Description of Offence for item 39 delete “in a public place”.
————
Dated: 28 February 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.
13 March 2018 GOVERNMENT GAZETTE, WA 909
— PART 2 —
MARINE/MARITIME
MA401
WESTERN AUSTRALIAN MARINE ACT 1982
NAVIGABLE WATERS REGULATIONS 1958
PROHIBITED SWIMMING AREA
Port Denison Boat Harbour
Department of Transport,
Fremantle WA, 13th March 2018.
Acting pursuant to the powers conferred by Regulation 10A (b) of the Navigable Waters
Regulations 1958, I hereby close the following area of water to swimming between the hours of
7:00 pm and 9:30 pm on Saturday 17th March 2018.
Port Denison Boat Harbour
Area of Closure:—All the waters within a 45 metre radius of the firing point located at approximately
29° 16.501′S, 114° 54.839′E. (Approximately 250 metres northwest from Fishermens Drive).
This area is set aside for safety measures during the set up and display of pyrotechnics.
CHRISTOPHER J. MATHER, Director Waterways Safety Management,
Department of Transport.
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MA402
WESTERN AUSTRALIAN MARINE ACT 1982
NAVIGABLE WATERS REGULATIONS 1958
PROHIBITED SWIMMING AREA
City of Mandurah
Department of Transport,
Fremantle WA, 13th March 2018.
Acting pursuant to the powers conferred by Regulation 10A (b) of the Navigable Waters
Regulations 1958, I hereby close the following area of water to swimming between 8:00 pm and
9:00 pm on Saturday 17th March 2018.
Hall Park, Mandurah
Area of Closure:—All the waters within a 150 metre radius of the firing point located at
approximately 32° 31.901′S, 115° 42.870′E (approximately 25 metres northeast of the War Memorial).
This area is set aside for safety measures during the set up and display of pyrotechnics.
CHRISTOPHER J. MATHER, Director Waterways Safety Management,
Department of Transport.
PLANNING
PL401
PLANNING AND DEVELOPMENT ACT 2005
BOARD OF VALUERS
Appointment of Members
Notice is given that Her Excellency the Governor has been pleased to appoint in accordance with the
provisions of section 182 of the Planning and Development Act 2005 for a period of two years expiring
on 12 February 2020—
(a) Mr Ross Allen Hughes as a Member and Chairperson of the Board of Valuers with a
remuneration of $230 per half day and $350 per full day for attendance at meetings of the
Board; and
910 GOVERNMENT GAZETTE, WA 13 March 2018
(b) (i) Mr Matthew John Garmony; and
(ii) Mr Dennis John Volk,
as Members of the Board of Valuers each with a remuneration of $160 per half day and $240
per full day for attendance at meetings of the Board.
KERRINE BLENKINSOP, Secretary,
Western Australian Planning Commission.
RACING, GAMING AND LIQUOR
RA401
LIQUOR CONTROL ACT 1988
LIQUOR APPLICATIONS
The following are applications received under the Liquor Control Act 1988 (the Act) and required to be
advertised.
Any person wishing to obtain more details about any application, or about the objection process,
should contact Racing, Gaming and Liquor, Level 2, Gordon Stephenson House, 140 William Street,
Perth, Telephone: (08) 6551 4888, or consult a solicitor or relevant industry organisation.
App. No. Applicant Nature of Application
Last Date
for
Objections
APPLICATIONS TO ADD, VARY OR CANCEL A CONDITION OF LICENCE
A000252934 Fly By Night
Musicians Club Ltd
Application for the Variation of trading
conditions of a Special Facility licence in
respect of premises situated in Fremantle
and known as Fly By Night Musicians
Club.
14/03/2018
A000245853 AIS Pub Group Pty
Ltd
Application for the Variation of trading
conditions of a Tavern licence in respect of
premises situated in Joondalup and
known as Paddy Malones.
20/03/2018
This notice is published under section 67(5) of the Act.
DIRECTOR OF LIQUOR LICENSING.
Dated: 9 March 2018.
TREASURY AND FINANCE
TR401
STATE SUPERANNUATION REGULATIONS 2001
ELECTED MEMBER DIRECTORS
Department of Treasury,
David Malcolm Justice Centre,
28 Barrack Street, Perth WA 6000.
In accordance with Regulation 238 of the State Superannuation Regulations 2001 (Board elections)
notice is hereby given that Mrs Philippa Clarke has been re-elected as a Member Director to the
Government Employees Superannuation Board for a three year term commencing on 2 April 2018 and
Mr Bruce Hawkins has been elected as a Member Director to the Government Employees
Superannuation Board for a three year term commencing on 4 July 2018.
13 March 2018 GOVERNMENT GAZETTE, WA 911
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 the late Edwin Jacobsen of Lot 403 Yarloop WA, deceased 25 December 2017,
are required by the executors of the estate namely Mark Bradley Jacobsen and Michelle Walker to
send particulars of their claims to 55 Shaftesbury Avenue Bayswater WA 6053, within one (1) month
of the date of publication hereof, after which date the executors may distribute the assets having
regard only to the claims of which they then have notice.
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ZX402
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 Patricia Joan Gaskell, Unit 2 192 Kinross Drive, Kinross, Western
Australia, who died on 14 June 2017, are required by the Administrator David Anthony Fogg to send
particulars of their claims addressed to the Administrator, Estate of the late Patricia Joan Gaskell
30 Danaher Mews, Clarkson WA 6030 within one (1) month of the date of publication of this notice,
after which date the Executor may convey or distribute the assets having regard only to the claims of
which the Administrator then has notice.
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ZX403
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Wai Khan Lee, late of 1/16 Madden Way, Brentwood, 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 9 July 2017, are required by the Executor, Vera Oi
Pin Lee, to send particulars of their claims within 30 days of publication of this notice to The
Executor, 3 Beale Place, Willetton WA 6155, after which date the Executor may convey or distribute
the assets, having regard only to the claims of which she then has notice.
Dated: 13th day of March 2018.
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ZX404
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Thomas Arthur Jobbins (known as Arthur), late of 9 Newcross Road, Kingsley, Western Australia,
Retired Plumber, 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 23rd day of February 2018, are required by the
Executors, Lyn Burns-Dymock, 26 Iluka Avenue, Mullaloo WA 6027 and Michael Jobbins,
64 Thornton Drive, Uduc WA 6220, to send particulars of their claim within one (1) month of the date
of publication hereof, after which date the Executors may convey or distribute the assets having
regard only to the claims of which they then have notice.
912 GOVERNMENT GAZETTE, WA 13 March 2018
ZX405
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
In the estate of Kenneth Wallis, late of Amaroo Village Buckley Caring Centre, 60 Stalker Road,
Gosnells, Western Australia, died 4 November 2017.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) are
required to send their claims to the administrator Jennifer Patricia Johnson of 21 Ballybunion
Crescent, Connolly WA 6027 within 30 days of publication of this notice, after which date the
administrator may convey or distribute the assets having regard only to the claims of which notice
has been given.
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