Section 1 - Penalty Units Amendment Local Law 2016 - Penalty Units Amendment Local Law 2016 | Zoe
13 January 2017 GOVERNMENT GAZETTE, WA 337
— PART 1 —
P ROCLAMATIONS
AA101
Misuse of Drugs Amendment (Search Powers) Act 2016
Misuse of Drugs Amendment (Search Powers)
Act 2016 Commencement Proclamation 2017
Made under the Misuse of Drugs Amendment (Search Powers) Act 2016
section 2(b) by the Governor in Executive Council.
Citation
This proclamation is the Misuse of Drugs Amendment (Search
Powers) Act 2016 Commencement Proclamation 2017.
Commencement of Act
The Misuse of Drugs Amendment (Search Powers) Act 2016,
other than sections 1 and 2, comes into operation on the day after
the day on which this proclamation is published in the Gazette.
K. SANDERSON, Governor. L.S.
L. HARVEY, Minister for Police.
———————————
338 GOVERNMENT GAZETTE, WA 13 January 2017
AA102
Road Traffic Amendment (Impounding and Confiscation
of Vehicles) Act 2016
Road Traffic Amendment (Impounding and
Confiscation of Vehicles) Act 2016
Commencement Proclamation 2016
Made under the Road Traffic Amendment (Impounding and Confiscation
of Vehicles) Act 2016 section 2(1)(b) and (2) by the Governor in
Executive Council.
Citation
This proclamation is the Road Traffic Amendment (Impounding
and Confiscation of Vehicles) Act 2016 Commencement
Proclamation 2016.
Commencement of Act
The Road Traffic Amendment (Impounding and Confiscation of
Vehicles) Act 2016, other than Part 1, section 5 and Part 3
Division 3, comes into operation on the day after the day on
which this proclamation is published in the Gazette.
K. SANDERSON, Governor. L.S.
L. HARVEY, Minister for Road Safety.
J USTICE
JU301
Civil Judgments Enforcement Act 2004
Civil Judgments Enforcement Amendment
Regulations 2016
Made by the Governor in Executive Council.
Citation
These regulations are the Civil Judgments Enforcement
Amendment Regulations 2016.
13 January 2017 GOVERNMENT GAZETTE, WA 339
2. 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 the day after that day.
3. Regulations amended
These regulations amend the Civil Judgments Enforcement
Regulations 2005.
4. Regulation 101 amended
In regulation 101(1):
(a) in paragraph (c) delete “105(5);” and insert:
107B(1);
(b) in paragraph (d) delete “107;” and insert:
107D(1);
5. Regulation 104 amended
(1) In regulation 104 in the definition of small business:
(a) delete paragraph (a) and insert:
(a) a business undertaking that is wholly owned
and operated by an individual or individuals in
partnership and has less than 20 full-time
equivalent employees or partners;
(b) delete paragraph (c) and insert:
(c) a co-operative as defined in the Co-operatives
Act 2009 that has less than 20 full-time
equivalent employees and that is not a
subsidiary of another co-operative or
corporation that has 20 or more full-time
equivalent employees;
(2) In regulation 104 insert in alphabetical order:
eligible entity means an entity referred to in
regulation 107C(3);
eligible entity fee, in relation to a matter specified in an
item in Schedule 1, means the fee shown in column A
for that item;
340 GOVERNMENT GAZETTE, WA 13 January 2017
eligible individual means an individual referred to in
regulation 107C(2);
eligible individual fee, in relation to a matter specified
in an item in Schedule 1, means the fee shown in
column C for that item;
entity does not include an individual;
person means an individual or an entity;
6. Regulation 105 amended
(1) Delete regulation 105(3) and insert:
(3) In relation to a matter specified in an item in
Schedule 1 —
(a) the fee payable by an individual who is not an
eligible individual is the fee shown in
column A for that item; or
(b) the fee payable by an eligible individual is the
eligible individual fee for that item; or
(c) the fee payable by an entity that is not an
eligible entity is the fee shown in column B for
that item; or
(d) the fee payable by an eligible entity is the
eligible entity fee for that item.
(2) Delete regulation 105(5) to (10).
Note: The heading to amended regulation 105 is to read:
General fees
7. Regulations 107B to 107G inserted
After regulation 107A insert:
107B. Fees for small businesses and non-profit
associations
(1) An entity that is a small business or a non-profit
association may lodge with the court to which a fee is
to be paid a declaration in the form of Form 3.
(2) On the lodgment of a declaration the entity is to be
charged fees as if it were an eligible entity.
(3) Subregulation (2) does not apply to fees payable by
joint parties unless each party is a small business or
non-profit association.
(4) An entity that has lodged a declaration under
subregulation (1) must immediately advise the
13 January 2017 GOVERNMENT GAZETTE, WA 341
Principal Registrar of the court in which the declaration
was lodged if the entity ceases to be a small business or
non-profit association as the case requires.
Penalty for this subregulation: a fine of $1 000.
(5) If an entity is charged a fee under subregulation (2)
when the entity was not a small business or a
non-profit association, the court may —
(a) order that the entity pay the difference between
the amount of the fee the entity paid and the
amount of the fee that would otherwise be
payable by the entity; and
(b) make orders to enforce the order for the
payment.
(6) An order under subregulation (5)(b) may include orders
relating to the future conduct of the matter to which the
fees relate or the effect of anything that has been done
in respect of the matter until the sum ordered to be paid
has been paid.
107C. Who is an eligible individual or eligible entity
(1) In this regulation —
Centrelink means the Commonwealth agency known
as Centrelink.
(2) An eligible individual is —
(a) an individual who holds one or more of the
following cards issued by Centrelink —
(i) a health care card;
(ii) a health benefit card;
(iii) a pensioner concession card;
(iv) a Commonwealth seniors health card;
or
(b) an individual who holds any other card issued
by Centrelink or the Department of Veterans’
Affairs of the Commonwealth that certifies
entitlement to Commonwealth health
concessions; or
(c) an individual who is in receipt of a youth
training allowance, or an AUSTUDY
allowance, as defined in the Social Security
Act 1991 (Commonwealth) section 23(1); or
(d) an individual who is in receipt of benefits under
the Commonwealth student assistance scheme
known as the ABSTUDY Scheme; or
(e) an individual who has been granted legal aid
under the Legal Aid Commission Act 1976 or a
legal aid scheme or service established under a
342 GOVERNMENT GAZETTE, WA 13 January 2017
Commonwealth, State or Territory law in
respect of the proceedings in relation to which a
fee would otherwise be payable; or
(f) an individual who the court or a registrar of the
court has directed is an eligible individual
under regulation 107E(1)(b).
(3) An eligible entity is —
(a) an entity that has been granted legal aid under
the Legal Aid Commission Act 1976 or a legal
aid scheme or service established under a
Commonwealth, State or Territory law in
respect of the proceedings in relation to which a
fee would otherwise be payable; or
(b) an entity that the court or a registrar of the court
has directed is an eligible entity under
regulation 107E(2)(b).
107D. Application to be recognised as eligible individual
or eligible entity
(1) A person may apply to the court to which a fee is to be
paid for —
(a) a direction under regulation 107E(1) that the
person is an eligible individual in respect of a
matter specified in Schedule 1; or
(b) a direction under regulation 107E(2) that the
person is an eligible entity in respect of a matter
specified in Schedule 1.
(2) An application is to be in the form of Form 4 and is to
specify —
(a) for an individual — the matter in respect of
which the individual is seeking to pay the
eligible individual fee; or
(b) for an entity — the matter in respect of which
the entity is seeking to pay the eligible entity
fee.
(3) Despite anything else in these regulations, a fee is not
to be charged in respect of an application under
subregulation (1).
107E. Recognition as eligible individual or eligible entity
(1) The court or a registrar of the court may, on an
application to the court under regulation 107D(1)(a) —
(a) direct that a person is an eligible individual
described in regulation 107C(2)(a) to (e) in
respect of the matter if satisfied that the person
meets one or more of the requirements set out
in those paragraphs; or
13 January 2017 GOVERNMENT GAZETTE, WA 343
(b) direct that a person is an eligible individual
described in regulation 107C(2)(f) if satisfied
that the person should be required to pay only
an eligible individual fee in respect of the
matter for either, or both, of the following
reasons —
(i) financial hardship;
(ii) the interests of justice.
(2) The court or a registrar of the court may, on an
application to the court under regulation 107D(1)(b) —
(a) direct that a person is an eligible entity
described in regulation 107C(3)(a) in respect of
the matter if satisfied that the person meets the
requirements set out in that paragraph; or
(b) direct that a person is an eligible entity
described in regulation 107C(3)(b) if satisfied
that the person should be required to pay only
the eligible entity fee in respect of the matter
for either, or both, of the following reasons —
(i) financial hardship;
(ii) the interests of justice.
(3) A judge or a registrar of the court may, before an
application is determined, direct the applicant to
provide to the judge, the registrar of the court or the
court further information relating to the application.
(4) A direction to provide further information —
(a) may be made in writing or orally; and
(b) may require that the information is provided
either in writing or orally.
107F. Revocation of directions for providing false or
misleading information
(1) The court or a registrar of the court with which a
declaration under regulation 107B(1) is lodged may
make an order that the declaration is invalid if satisfied,
having given the person who lodged the declaration an
opportunity to make a written submission, that the
person has contravened regulation 101(1) in relation to
a statement or representation in the declaration or
providing further information in relation to the
declaration.
344 GOVERNMENT GAZETTE, WA 13 January 2017
(2) The court that, or the registrar who, makes a direction
under regulation 107E(1) or (2) may revoke the
direction if satisfied, having given the person who
applied for the direction under regulation 107D(1) an
opportunity to make a written submission, that the
person has contravened regulation 101(1) in relation to
a statement or representation in the application or
providing further information in relation to the
application.
(3) If a declaration is declared invalid under
subregulation (1) or a direction is revoked under
subregulation (2), the court may —
(a) order that the person in respect of whom the
declaration or direction was made pay the
difference between the fee the person paid and
the fee that would otherwise by payable by the
person; and
(b) make an order to enforce the order for the
payment.
(4) An order under subregulation (3)(b) may include orders
relating to the future conduct of the proceedings to
which the fees relate or the effect of anything that has
been done in respect of the proceedings until the sum
ordered to be paid has been paid.
107G. Refunds
(1) A judicial officer or legally qualified registrar presiding
in a proceeding may order the refund of the difference
between the amount of a fee paid by a person in respect
of the proceeding and the amount of the fee that the
person was entitled to be charged under these
regulations in respect of the proceedings.
(2) The Principal Registrar of the court may refund to a
person the amount of a fee, or part of a fee, paid by the
person if the amount was paid in error.
8. Regulation 107 deleted
Delete regulation 107.
13 January 2017 GOVERNMENT GAZETTE, WA 345
9. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Court fees
[r. 105]
Item Matter Column A
Fee for
individual or
eligible entity
$
Column B
Fee for
entity
$
Column C
Fee for
eligible
individual
$
For an application or
request under the Act —
(a) a judgment not
exceeding $10 000 98.50 148.00 29.55
(b) all other judgments 159.50 240.00 47.85
Note 1:
The fee is payable only once on the first application or request by a judgment creditor or other person
entitled to the benefit of the judgment.
Note 2:
No fee is payable in relation to interpleader proceedings.
Note 3:
No fee is payable for registering a judgment or order of a court or tribunal of the State for the purpose
of enforcing the judgment or order.
Note 4:
No fee is payable for an application or request brought by a person other than a judgment creditor or
other person entitled to the benefit of the judgment.
Note 5:
The fee payable on an application relating to an order made in the exercise of the jurisdiction referred
to in the Residential Tenancies Act 1987 section 12A is the fee payable on an application in relation
to a judgment not exceeding $7 500.
Registering a judgment in
a court under the Service
and Execution of Process
Act 1992
(Commonwealth)
section 105(1) 83.50 110.50 25.05
Schedule 4 amended
(1) In the reference after the heading to Schedule 4 delete
“105, 107,” and insert:
107B, 107D,
346 GOVERNMENT GAZETTE, WA 13 January 2017
(2) In Schedule 4 in Form 3:
(a) delete “105(5)” and insert:
107B(1)
(b) delete “an individual or individuals in partnership who wholly own and operate
a business undertaking that has less than 20 full-time equivalent employees and
partners;” and insert:
a business undertaking that is wholly owned and operated by an individual or
individuals in partnership and has less than 20 full-time equivalent employees or
partners;
(c) delete “a company as defined in the Companies (Co-operative) Act 1943 that has
less than 20 full-time equivalent employees and that is not, under section 130(1) of
that Act, deemed to be a subsidiary company of another company or corporation that
has 20 or more full-time equivalent employees;” and insert:
a co-operative as defined in the Co-operatives Act 2009 that has less than 20
full-time equivalent employees and that is not a subsidiary of another co-operative
or corporation that has 20 or more full-time equivalent employees;
(3) In Schedule 4 delete Form 4 and insert:
4. Application to reduce fee
Form 4
Civil Judgments Enforcement Regulations 2005
(Regulation 107D(1))
APPLICATION TO REDUCE FEE
In the Supreme Court / District Court /
Magistrates Court
No. of 2
Applicant:
Fee type for which request is made:
❑ Application or request under
the Civil Judgments
Enforcement Act 2004
❑ Registering a judgment in a court
under the Service and Execution
of Process Act 1992
(Commonwealth) section 105(1)
Concession Card Holder:
❑ Yes ❑ No
Pension Concession
Card No: ______________
Health Care Card
No: ______________
13 January 2017 GOVERNMENT GAZETTE, WA 347
Grant of Legal Aid under a
legal aid scheme or
service:
❑ Yes ❑ No
Applicant Details:
Full Name:
Please indicate your party type:
❑ Individual ❑ Entity
Address:
Date of
Birth:
If you are applying for a fee reduction because of financial hardship or
in the interests of justice, please give supporting reasons for your
request (attach a separate page if required). If the reasons include
financial hardship you must complete the information on the following
pages.
I certify that the above information and disclosures in this form are
true and correct.
Applicant’s Signature Dated:
*Note: A person who makes a statement or representation in this
application that the person knows or has reason to believe is false or
misleading in a material particular commits an offence under the Civil
Judgments Enforcement Regulations 2005 regulation 101(1).
COURT SEAL
FINANCIAL DETAILS: APPLICANT WHO IS AN INDIVIDUAL
If the reasons for application include financial hardship, the following
sections of the form must be completed by the applicant if the applicant
is an individual.
Occupation:
Employer:
Employer’s Address:
Marital Status: ❑ single ❑ married ❑ partner
❑ de facto ❑ separated
Dependants: ❑ dependant wife / husband / partner / de facto
____ (number of) dependant children
348 GOVERNMENT GAZETTE, WA 13 January 2017
INCOME AND FINANCIAL ASSETS DETAILS
Income / financial assets
(net)
Self Partner Total
Wage / salary / benefit $ _______ $ _______ $ _______
Money in financial
institution $ _______ $ _______ $ _______
Cash $ _______ $ _______ $ _______
Income from investments $ _______ $ _______ $ _______
Other income $ _______ $ _______ $ _______
Money loaned and to be
repaid $ _______ $ _______ $ _______
Total $ _______ $ _______ $ _______
EXPENDITURE DETAILS
Expenditure Self Partner Total
Rent / board $ _______ $ _______ $ _______
Mortgage payment $ _______ $ _______ $ _______
Maintenance for dependants
$ _______ $ _______ $ _______
Food $ _______ $ _______ $ _______
Utilities (gas / electricity) $ _______ $ _______ $ _______
Telephone $ _______ $ _______ $ _______
Water $ _______ $ _______ $ _______
Rates and taxes $ _______ $ _______ $ _______
Court orders $ _______ $ _______ $ _______
Credit card/s $ _______ $ _______ $ _______
Other debts (provide details)
$ _______ $ _______ $ _______
Total $ _______ $ _______ $ _______
TOTAL
INCOME $ ________
TOTAL
EXPENDITURE $ _______
ASSETS VALUE
House or other property (provide addresses) $ ______
13 January 2017 GOVERNMENT GAZETTE, WA 349
Motor Vehicles
(car, utility,
motorcycle, truck
etc.)
1 Year:
Make:
Model:
Registration Number:
$ ______
2 Year:
Make:
Model:
Registration Number:
$ ______
Other assets (provide details)
$ _______
TOTAL ASSET VALUE $ ______
HOME CONTENTS (please complete appropriate box where
applicable)
Television
$ ______
DVD
player
$ ______
Computers
$ ______
Other
electronic
devices
$ ______
Dishwasher
$ _______
Microwave
$ _______
Furniture
$ _______
Collection of
coins, stamps
etc.
$ ________
Other
collectables
$ _______
Other assets
$ ________
Interests in
business or
company
$ _______
LIABILITIES TOTAL
Mortgage to: $ _______
Other to: $ _______
Time to Pay Order: $ _______
TOTAL LIABILITIES $ _______
FINANCIAL DETAIL: APPLICANT WHO IS NOT AN
INDIVIDUAL
If the reasons for application include financial hardship, the following
sections of the form must be completed by the applicant if the applicant
is an entity.
Income $ _______
350 GOVERNMENT GAZETTE, WA 13 January 2017
Assets $ _______
Liabilities $ _______
TOTAL $ _______
R. NEILSON, Clerk of the Executive Council.
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JU302
Young Offenders Act 1994
Young Offenders (Departmental
facility - Fitzroy Crossing) Order 2016
Made by the Minister under section 12 of the Act.
Citation
This order is the Young Offenders (Departmental
facility - Fitzroy Crossing) Order 2016.
Commencement
This order comes into operation as follows —
(a) clauses 1 and 2 — on the day on which this order is
published in the Gazette;
(b) the rest of the order — on the day after that day.
Departmental facility declared
The facility located at Shop 5, Tarunda Shopping Centre,
21 Forest Road, Fitzroy Crossing, Western Australia is declared
to be a Departmental facility.
J. FRANCIS, Minister for Corrective Services.
———————————
13 January 2017 GOVERNMENT GAZETTE, WA 351
JU303
State Administrative Tribunal Act 2004
State Administrative Tribunal Amendment
Regulations (No. 3) 2016
Made by the Governor in Executive Council.
Citation
These regulations are the State Administrative Tribunal
Amendment Regulations (No. 3) 2016.
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 the day after that day.
Regulations amended
These regulations amend the State Administrative Tribunal
Regulations 2004.
Regulation 10 amended
In regulation 10(1) in the definition of review application:
(a) in paragraph (b) delete “69(1);” and insert:
69(1) or 72(1);
(b) in paragraph (f) delete “18(2).” and insert:
18(2);
(c) after paragraph (f) insert:
(g) the deemed provision, applicable to all local
planning schemes, set out in the Planning and
Development (Local Planning Schemes)
Regulations 2015 Schedule 2 clause 76(2).
Schedule 6 amended
(1) In Schedule 6 after the item relating to the Cat Act 2011 insert:
Cat (Uniform Local Provisions) Regulations 2013 r. 11
352 GOVERNMENT GAZETTE, WA 13 January 2017
(2) In Schedule 6 delete the item relating to the Commercial
Tenancy (Retail Shops) Agreements Act 1985 and insert:
Commercial Tenancy (Retail Shops) Agreements Act 1985 s. 7(5),
11(3C)(b), 11A(3)(b), 12(1)(b), 12B(4), 13(7) or (7b), 14A(2)(e) or
14A(3)
(3) In Schedule 6 delete the item relating to the Fair Trading
(Retirement Villages Interim Code) Regulations 2012 and insert:
Fair Trading (Retirement Villages Code) Regulations 2015 r. 22(3)
(4) In Schedule 6 delete the item relating to the Retirement Villages
Act 1992 and insert:
Retirement Villages Act 1992 s. 9(3)(e) or (6), 44(1), 55(1), 56(1),
57A(2), 57(1), 58(1), 59(1), 62(1), 63(1), 64(1), 67(2), 68(1), 69(3),
70(1)(a), 75B(1), 75D(2), 75I(1) or 75(4)
6. Schedule 7 amended
(1) In Schedule 7 in the item relating to the Children and
Community Services Act 2004 delete “94 ” and insert:
88H, 94
(2) In Schedule 7 after the item relating to the Taxation
Administration Act 2003 insert:
Teacher Registration Act 2012 s. 21(2), 26(4), 53(1)(e), 61(1)(a) or
80(1)(c)
R. KENNEDY, Clerk of the Executive Council.
———————————
13 January 2017 GOVERNMENT GAZETTE, WA 353
LOCAL GOVERNMENT
LG301
DOG ACT 1976
LOCAL GOVERNMENT ACT 1995
City of South Perth
D OGS LOCAL LAW 2016
Under the powers conferred by the Dog Act 1976, the Local Government Act 1995
and under all other powers enabling it, the Council of the City of South Perth
resolved on 13 December 2016 to make the following local law.
PART 1—PRELIMINARY
1.1 Title
This is the City of South Perth Dogs Local Law 2016.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the
Government Gazette.
1.3 Repeal
The City of South Perth Dogs Local Law 2011 as published in the Government
Gazette on 21 July 2011 is repealed.
1.4 Terms used
(1) In this local law unless the context otherwise requires—
Act means the Dog Act 1976;
authorised person means a person appointed by the local government to
perform all or any of the functions conferred on an authorised person under
this local law;
CEO means the Chief Executive Officer of the local government;
district means the district of the local government;
local government means the City of South Perth;
Regulations means the Dog Regulations 2013; and
thoroughfare has the meaning given to it in section 1.4 of the Local
Government Act 1995.
(2) A term that is used in this local law and is not defined in subclause (1) has the
same meaning that is given to it in the Act or, if not defined in the Act, the same
meaning given to it in the Local Government Act 1995.
1.5 Application
This local law applies throughout the district.
PART 2—KEEPING OF DOGS
2.1 Dogs to be confined
(1) An occupier of premises on which a dog is kept must—
(a) ensure that a portion of the premises on which the dog is kept is fenced in a
manner capable of confining the dog;
(b) ensure the fence used to confine the dog and every gate or door in the fence
is of a type, height and construction which having regard to the breed, age,
size and physical condition of the dog is capable of preventing the dog at all
times from passing over, under or through it;
(c) ensure that every gate or door in the fence is kept closed at all times when
the dog is on the premises (unless the gate is temporarily opened in a
manner that ensures that the dog remains confined) and is fitted with a
proper latch or other means of fastening it;
(d) maintain the fence and all gates and doors in the fence in good order and
condition; and
(e) where no part of the premises consists of open space, yard or garden or there
is no open space or garden or yard of which the occupier has exclusive use or
occupation, ensure that other means exist on the premises (other than the
tethering of the dog) for effectively confining the dog within the premises.
(2) An occupier who fails to comply with subclause (1) commits an offence.
(3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is
dealt with in the Act and the Regulations.
354 GOVERNMENT GAZETTE, WA 13 January 2017
2.2 Limitation on the number of dogs
(1) This clause does not apply to premises which have been granted an exemption
under section 26(3) of the Act.
(2) The limit on the number of dogs which may be kept on any premises is, for the
purpose of section 26(4) of the Act is 2 dogs over the age of 3 months and the young
of those dogs under that age.
2.3 Offence to excrete
(1) A dog must not excrete on—
(a) any thoroughfare or other public place; or
(b) any land which is not a public place without the consent of the occupier.
(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person
liable for the control of the dog at that time commits an offence.
(3) The person liable for the control of the dog does not commit an offence against
subclause (2) if any excreta is removed immediately by that person.
PART 3—ENFORCEMENT
3.1 Terms used
In this Part—
infringement notice means the notice referred to in clause 3.4;
notice of withdrawal means the notice referred to in clause 3.7(1); and
penalty unit has the meaning given to it in the City of South Perth Penalty
Units Local Law 2003.
3.2 Offences and general penalty
(1) A person who fails to do anything required or directed to be done under this local
law, or who does anything which under this local law that person is prohibited from
doing, commits an offence.
(2) A person who commits an offence under this local law is liable, on conviction, to a
penalty not less than $500 and not exceeding $5,000, and if the offence is of a
continuing nature, to an additional penalty not exceeding $500 for each day or part
of a day during which the offence has continued.
3.3 Modified penalties
(1) An offence against a clause specified in Schedule 1 is an offence in relation to
which a modified penalty may be imposed.
(2) The amount appearing in the third column of Schedule 1 directly opposite an
offence is the modified penalty payable in respect of that offence.
(3) If this local law expresses a modified penalty as a number of penalty units, the
monetary value of the modified penalty is the number of dollars obtained by
multiplying the value of the penalty unit by the number of penalty units.
3.4 Issue of infringement notice
(1) Where an authorised person has reason to believe that a person has committed
an offence in respect of which a modified penalty may be imposed, the authorised
person may serve on the alleged offender a notice in the form prescribed by section
9.17 of the Local Government Act 1995 and regulation 26(2) of the Local Government
(Functions and General) Regulations 1996 informing the alleged offender that, if he
or she does not wish to be prosecuted in court for the alleged offence, he or she may
pay to the local government within the time specified in the notice, the amount
prescribed as the modified penalty.
(2) An infringement notice may be served on an alleged offender personally, or by
leaving it at or posting it to her or his address as ascertained from the alleged
offender, at the time of or immediately following the occurrence giving rise to the
allegation of the offence, or as recorded by the local government under the Act.
3.5 Failure to pay modified penalty
Where a person who receives an infringement notice fails to pay the modified
penalty within the time specified in the notice, or within such further time as may in
any particular case be allowed by the CEO, the person must be regarded as having
declined to have the allegation dealt with by way of a modified penalty.
3.6 Payment of modified penalty
An alleged offender on whom an infringement notice has been served may, within
the time specified in that notice or within such further time as may in any particular
case be allowed by the CEO, send or deliver to the local government the amount of
the modified penalty, with or without a reply as to the circumstances giving rise to
the allegation, and then—
(a) the local government may appropriate that amount in satisfaction of the
penalty and issue an acknowledgment; or
13 January 2017 GOVERNMENT GAZETTE, WA 355
(b) the local government, or an authorised person acting on behalf of the local
government, may withdraw the infringement notice under clause 3.7 and
refund the amount so paid.
3.7 Withdrawal of infringement notice
(1) An infringement notice may, whether or not the modified penalty has been paid,
be withdrawn by the local government, or an authorised person acting on behalf of
the local government, by the sending of a notice in the form prescribed by section
9.17 of the Local Government Act 1995 and Regulation 26(2) of the Local Government
(Functions and General) Regulations 1996 to the alleged offender at the address
specified in the notice or his or her last known place of residence or business and in
that event, any amount received by way of modified penalty must be refunded and
any acknowledgment of the receipt of that amount must for the purposes of any
proceedings in respect of the alleged offence be regarded as not having been issued.
(2) A person appointed under section 29(1) of the Act to exercise the power of an
authorised person to serve infringement notices under clause 3.4(1) is not eligible to
be appointed under that section to exercise the power of an authorised person to
withdraw infringement notices under clause 3.7(1).
Schedule 1
Modified penalties
(clause 3.3)
Item Offence Nature of Offence Modified
Penalty Unit
1 2.1 Failing to provide means for effectively
confining a dog
10
2 2.3(2) Dog excreting in prohibited place 10
————
Dated this 20th day of December 2016.
The Common Seal of the City of South Perth was affixed by authority of a resolution
of the Council in the presence of—
SUE DOHERTY, Mayor.
GEOFF GLASS, Chief Executive Officer.
———————————
LG302
LOCAL GOVERNMENT ACT 1995
City of South Perth
PENALTY UNITS A MENDMENT LOCAL LAW 2016
Under the powers conferred by the Local Government Act 1995 and all other powers
enabling it, the Council of the City of South Perth resolved on 13 December 2016 to
adopt the following local law.
1.1 Citation
This local law is cited as the City of South Perth Penalty Units Amendment Local
Law 2016.
1.2 Commencement
This local law comes into operation 14 days after its publication in the Government
Gazette.
1.3 Amendment
Schedule 1 of the City of South Perth Penalty Units Local Law published in the
Government Gazette on 20 June 2003 is deleted and replaced with the following—
Schedule 1—Prescribed Offences
[Clause 6]
Item Local
Law
Clause Locations Dates Times
1 City of
South
Perth
Parking
Local Law
2011
All the clauses
specified in the
table which is
Schedule 1 of
the Parking
Local Law
All the portion of the City of
South Perth bounded by and
including South Terrace to the
south, Canning Highway to the
east and the Swan River
foreshore to the west and north.
January 26
each year
6:00 am
to
midnight.
356 GOVERNMENT GAZETTE, WA 13 January 2017
Item Local
Law
Clause Locations Dates Times
2 City of
South
Perth
Parking
Local Law
2011
All the clauses
specified in the
table which is
Schedule 1 of
the Parking
Local Law
All the portion of the City of
South Perth bounded by and
including South Terrace to the
south, Canning Highway to the
east and the Swan River
foreshore to the west and north.
January 27
each year
Midnight
to
6:00 pm.
————
Dated this 20th day of December 2016.
The Common Seal of the City of South Perth was affixed by authority of a resolution
of the Council in the presence of—
SUE DOHERTY, Mayor.
GEOFF GLASS, Chief Executive Officer.
———————————
LG303
LOCAL GOVERNMENT ACT 1995
City of Wanneroo
B EE K EEPING LOCAL LAW 2016
Under the powers conferred by the Local Government Act 1995 and under all other
enabling powers, the Council of the City of Wanneroo resolved on 6 December 2016
to make the following local law.
PART 1—PRELIMINARY
1.1 Title
This is the City of Wanneroo Bee Keeping Local Law 2016.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the
Government Gazette.
1.3 Repeal
Part 6 of the City of Wanneroo Animals Local Law 1999 as published in the
Government Gazette on 27 August 1999 is repealed.
1.4 Application
This local law applies throughout the district.
1.5 Terms used
(1) In this local law, unless the context requires otherwise—
Act means the Local Government Act 1995;
authorised person means a person authorised by the local government under
section 9.10 of the Act to carry out functions with respect to this local law;
bee means a bee of the species Apismellifera;
bee hive means a movable or fixed structure, container or object which contains
a bees nest and in which bees are kept;
beekeeper has the meaning given in regulation 3 of the Biosecurity and
Agriculture Management Regulations 2013;
Crown land has the meaning given in section 3(1) of the Land Administration
Act 1997;
district means the district of the local government;
local government means the City of Wanneroo;
local planning scheme means a local planning scheme of the local government
made under the Planning and Development Act 2005;
nuisance means—
(a) an activity or condition which is harmful or annoying and which
constitutes a reasonable basis for legal liability in the tort of public or
private nuisance at law;
(b) an unreasonable interference with the use and enjoyment of a person of
his or her ownership or occupation of land; or
(c) an interference which causes material damage to land or other property
on the land affected by the interference;
occupier has the meaning given in the Act;
13 January 2017 GOVERNMENT GAZETTE, WA 357
penalty unit has the meaning given in the City of Wanneroo Local Penalty
Units Local Law 2015;
permit means a permit issued under this local law;
permit holder means a person who holds a valid permit;
registered beekeeper means a person who is registered as a beekeeper under
regulation 13(7) of the Biosecurity and Agriculture Management
(Identification and Movement of Stock and Apiaries) Regulations 2013; and
Regulations means the Biosecurity and Agriculture Management (Identification
and Movement of Stock and Apiaries) Regulations 2013.
(2) A term that is used in this local law and is not defined in subclause (1) has the
same meaning as is given in the Act.
PART 2—PERMIT TO KEEP BEES
2.1 Permit required to keep bees
(1) Subject to this clause, a person must not keep bees or allow bees to be kept on
land—
(a) unless that person is a registered beekeeper if required by the Regulations;
and
(b) in accordance with a valid permit issued in relation to the land.
(2) Subclause (1) does not apply where—
(a) the land is zoned General Rural, Special Residential, Special Rural, Rural
Community, Urban Deferred or Rural Resource under a local planning
scheme—
(i) before establishing the bee hives on the land, the occupier of the land
notifies, in writing, the occupier of each property adjoining the land
that the bee hives are to be kept;
(ii) each bee hive is kept at least 10 metres from any thoroughfare
(including a footpath) or public place and at least 5 metres from any
other boundary of the land;
(iii) a good and sufficient supply of water on every apiary site is provided
in a way that is readily accessible to the bees on that site; and
(iv) bees from the bee hives do not become a nuisance; or
(b) in relation to any other land—
(i) no more than 2 bee hives are kept on the land;
(ii) before establishing the bee hives on the land, the occupier of the land
notifies, in writing, the occupier of each property adjoining the land
that the bee hives are to be kept;
(iii) each bee hive is kept at least 10 metres from any thoroughfare
(including a footpath) or public place and at least 5 metres from any
other boundary of the land;
(iv) a good and sufficient supply of water on every apiary site is provided
in a way that is readily accessible to the bees on that site; and
(v) bees from the bee hives do not become a nuisance.
(3) Subclause (1) does not apply where a person keeps bees on Crown land.
2.2 Application for a permit
An applicant for a permit must—
(a) be a registered beekeeper if required by the Regulations;
(b) provide the information (including any comments from neighbours) that may
be required by the local government;
(c) apply in the form determined by the local government; and
(d) pay any application fee imposed by the local government under sections 6.16
to 6.19 of the Act.
2.3 Determination of application
(1) The local government may—
(a) refuse to determine an application that does not comply with clause 2.2;
(b) approve an application subject to any conditions that it considers
appropriate; or
(c) refuse to approve an application.
(2) The permit conditions may include that—
(a) each bee hive must be kept at least 10 metres from any thoroughfare
(including a footpath) or public place and at least 5 metres from any other
boundary of the land; and
(b) that no more than 2 bee hives are to be kept.
358 GOVERNMENT GAZETTE, WA 13 January 2017
(3) If the local government approves an application, it is to issue to the applicant a
permit in the form determined by the local government from time to time.
(4) A permit is valid from the date of issue until it is cancelled under this local law.
(5) A permit holder must comply with the permit conditions.
2.4 Variation or cancellation
(1) The local government may vary a permit condition by giving written notice to the
permit holder and the varied condition takes effect 7 days after that notice is given.
(2) The local government may cancel a permit if—
(a) the permit holder requests the local government to do so; or
(b) the permit holder fails to comply with a notice under clause 3.1 within the
time specified in the notice or commits any other offence under this local
law.
(3) A permit is taken to be cancelled on—
(a) the permit holder ceasing to be registered as a beekeeper; or
(b) the expiration of a continuous period of 12 months during which the permit
holder has not kept any bees on the land to which the permit relates.
2.5 Information to be provided by a permit holder
(1) In this clause a ‘permit holder’ includes the holder of a permit cancelled under
clause 2.4(3).
(2) A permit holder must notify the local government in writing as soon as
practicable after—
(a) the permit holder ceases to be a registered beekeeper; or
(b) a continuous period of 12 months passes during which the permit holder has
not kept any bees on the land to which the permit relates.
(3) A permit holder must, within 7 days of an authorised person giving the permit
holder a written notice to do so, provide to the local government either or both of—
(a) written proof of the permit holder’s registration as a beekeeper under
regulation 13(7) of the Biosecurity and Agriculture Management
(Identification and Movement Stock and Apiaries) Regulations 2013; and
(b) a signed statement as to whether the permit holder has, within the
12 months preceding the date of the notice, kept bees on the land to which
the permit relates and which is identified in the notice.
2.6 Permit not transferable
A permit—
(a) is personal to the permit holder;
(b) applies only to the land described in the permit; and
(c) is not transferable.
2.7 Nuisance
A person must not keep or allow to be kept bees or beehives, or both, on land so as to
create a nuisance.
2.8 Objections and review rights
Division 1 of Part 9 of the Act applies to a decision under this local law—
(a) to refuse an application for a permit;
(b) to impose or vary a condition of a permit;
(c) to cancel a permit; or
(d) to give a person a notice under clause 3.1.
PART 3—ENFORCEMENT
3.1 Notice to remove
(1) If, in the opinion of an authorised person, the bees on any land (whether or not
the subject of a permit) are likely to endanger the safety of any person or create a
serious public nuisance, the authorised person may give to the owner or occupier of
that land a written notice requiring the owner or occupier as the case may be to
remove the bees before the date specified in the notice.
(2) If, in the opinion of an authorised person, a person has breached a provision of
this local law, the authorised person may give to that person a written notice
requiring him or her to remedy that breach before the date specified in the notice.
3.2 Offences and general penalty
(1) A person who fails to do anything required or directed to be done under this local
law, or who does anything which under this local law that person is prohibited from
doing commits an offence.
13 January 2017 GOVERNMENT GAZETTE, WA 359
(2) A person who commits an offence under this local law is liable to a penalty of
$5,000 and where the offence is of a continuing nature, to a daily penalty of $500 in
respect of each day or part of a day during which the offence has continued.
3.3 Prescribed offences
(1) An offence against a clause specified in the Schedule is a prescribed offence for
the purposes of section 9.16(1) of the Act.
(2) The amount of the modified penalty for a prescribed offence is that specified
adjacent to the clause in the Schedule.
(3) If this local law expresses a modified penalty as a number of penalty units, the
monetary value of the modified penalty is the number of dollars obtained by
multiplying the value of the penalty unit by the number of penalty units.
3.4 Forms
(1) The form of the infringement notice referred to in section 9.17 of the Act is Form
2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996.
(2) The form of the infringement withdrawal notice referred to in section 9.20 of the
Act is Form 3 in Schedule 1 of the Local Government (Functions and General)
Regulations 1996.
Schedule
(clause 3.3)
PRESCRIBED OFFENCES AND MODIFIED PENALTIES
Item
No
Clause
No Nature of Offence Penalty
Unit
1 2.3(5) Failure to comply with a permit condition 10
2 2.5(2) Failure to notify cessation of registration or keeping
of bees
10
3 2.5(3) Failure to provide information in response to a
notice
10
4 2.7 Keeping bees or beehives so as to create a nuisance 10
————
Dated: 13 December 2016.
The Common Seal of the City of Wanneroo was affixed by authority of a resolution of
the Council in the presence of—
TRACEY GARDNER ROBERTS, Mayor.
HARMINDER SINGH, Acting Chief Executive Officer.
P OLICE
PO301
Community Protection (Offender Reporting) Act 2004
Community Protection (Offender Reporting)
Amendment Regulations 2017
Made by the Governor in Executive Council.
Citation
These regulations are the Community Protection (Offender
Reporting) Amendment Regulations 2017.
360 GOVERNMENT GAZETTE, WA 13 January 2017
2. 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 (gazettal day);
(b) regulation 4(2) — on the day after the day on which the
Sex Offenders Registration Amendment Act 2016
(Victoria) section 8 comes into operation;
(c) the rest of the regulations — on the day after gazettal
day.
3. Regulations amended
These regulations amend the Community Protection (Offender
Reporting) Regulations 2004.
4. Regulation 21 amended
(1) In regulation 21:
(a) in paragraph (d) delete “105.” and insert:
105;
(b) after paragraph (d) insert:
(e) a control order made under the Child Sex
Offenders Registration Act 2006 (South
Australia) Part 5C;
(f) a restraining order made under the Summary
Procedure Act 1921 (South Australia)
section 99AA(1)(a)(i).
(2) In regulation 21:
(a) in paragraph (f) delete “section 99AA(1)(a)(i).” and
insert:
section 99AA(1)(a)(i);
(b) after paragraph (f) insert:
(g) a prohibition order made under the Sex
Offenders Registration Act 2004 (Victoria)
Part 4A.
R. KENNEDY, Clerk of the Executive Council.
———————————
13 January 2017 GOVERNMENT GAZETTE, WA 361
R ACING , G AMING AND LIQUOR
RA301
RACING AND WAGERING WESTERN AUSTRALIA ACT 2003
RWWA R ULES OF THOROUGHBRED R ACING 2004
In accordance with Section 45 (1) (a) of the Racing and Wagering Western Australia
Act 2003, notice is hereby given that the Board of Racing and Wagering WA on
4 January 2017 resolved that the RWWA Rules of Thoroughbred Racing 2004 be
amended as follows—
Amendment to Australian Racing Rules (National Rules) effective
1 February 2017
Amend sub-paragraph of A CLASS FIVE RACE in AR.1A, AR.69(c),
AR.137A(5)(a)(ii)
Add AR.28
A copy of the above rules may be obtained during office hours from the RWWA
offices at 14 Hasler Road, Osborne Park WA 6017 or Racing and Wagering Western
Australia website, www.rwwa.com.au.
RICHARD BURT, Chief Executive Officer.
———————————
362 GOVERNMENT GAZETTE, WA 13 January 2017
— PART 2 —
E LECTORAL
EL401
ELECTORAL ACT 1907
R EGISTRATION OF POLITICAL PARTIES—WESTERN A USTRALIA
Notice of Registration (Section 62H)
Fluoride Free WA Party
I hereby give notice in accordance with section 62H of the Electoral Act 1907 that on 9 January 2017
I registered “Fluoride Free WA Party“ as a political party in Western Australia, with an abbreviation
of “FLUORIDE FREE WA” to be used on ballot papers.
DAVID KERSLAKE, Electoral Commissioner.
———————————
EL402
ELECTORAL ACT 1907
R EGISTRATION OF POLITICAL PARTIES—WESTERN A USTRALIA
Notice of Registration (Section 62H)
Socialist Alliance WA
I hereby give notice in accordance with section 62H of the Electoral Act 1907 that on 9 January 2017
I registered “Socialist Alliance WA“ as a political party in Western Australia, with an abbreviation of
“Socialist Alliance” to be used on ballot papers.
DAVID KERSLAKE, Electoral Commissioner.
FIRE AND E MERGENCY S ERVICES
FE401
BUSH FIRES ACT 1954
TOTAL FIRE B AN D ECLARATION
Correspondence No. 12080
Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the
Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954,
a total fire ban for 6th January 2017 for the local government districts of—
Ashburton, Karratha.
BRAD STRINGER, Assistant Commissioner of the Department of
Fire and Emergency Services, as a sub-delegate
of the Minister under section 16 of the
Fire and Emergency Services Act 1998.
5th January 2017.
13 January 2017 GOVERNMENT GAZETTE, WA 363
HEALTH
HE401
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991
WESTERN A USTRALIAN R EPRODUCTIVE TECHNOLOGY C OUNCIL (APPOINTMENT OF
D EPUTY MEMBER) INSTRUMENT (N O. 4) 2016
Made by the Minister under clause 2(1) of the Schedule to Human Reproductive Technology Act 1991.
Citation
This instrument may be cited as the Western Australian Reproductive Technology Council
(Appointment of Deputy Member) Instrument (No. 4) 2016.
Appointment of Member(s)
The appointment of Dr Andrew Walter Harman as a deputy Member on the Western Australian
Reproductive Technology Council under clause 2(1) of the Schedule to the Human Reproductive
Technology Act 1991 is approved for a term of three years commencing on 25 March 2017 and expiring
on 25 March 2020.
JOHN DAY, Minister for Health;
Culture and the Arts.
Date: 7 December 2016.
———————————
HE402
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991
WESTERN A USTRALIAN R EPRODUCTIVE TECHNOLOGY C OUNCIL (APPOINTMENT OF
C HAIR AND MEMBERS) INSTRUMENT (N O. 3) 2016
Made by Her Excellency the Honourable Kerry Gaye Sanderson, Companion of the Order of
Australia, Governor of the State of Western Australia under section 8(2)(a) and Clause 1(1) of the
Schedule of the Human Reproductive Technology Act 1991.
Citation
This instrument may be cited as the Western Australian Reproductive Technology Council
(Appointment of Chair and Members) Instrument (No. 3) 2016.
Appointment of Member(s)
The appointment of Dr Brenda McGivern, pursuant to Schedule 1(1) and section 8(2)(a)(i)(C) of the
Human Reproductive Technology Act 1991 as Chairperson and Member on the Western Australian
Reproductive Technology Council is approved for a term of three years, commencing on 1 April 2017
and expiring on 1 April 2020.
The appointment of Ms Justine Garbellini, pursuant to section 8(2)(a)(i)(D) of the Human
Reproductive Technology Act 1991 as Member on the Western Australian Reproductive Technology
Council is approved for a term of three years, commencing on 1 April 2017 and expiring on 1 April
The appointment of Mr Derek Paton, pursuant to section 8(2)(a)(i)(E) of the Human Reproductive
Technology Act 1991 as Member on the Western Australian Reproductive Technology Council is
approved for a term of two years, commencing on the date of appointment.
By Command of Her Excellency the Honourable Kerry Gaye Sanderson, Companion of the Order of
Australia, Governor of the State of Western Australia, in Executive Council.
R. NEILSON, Clerk of the Executive Council.
———————————
HE403
MENTAL HEALTH ACT 2014
MENTAL HEALTH (A UTHORISED MENTAL HEALTH PRACTITIONERS) O RDER (N O. 1) 2017
Made by the Chief Psychiatrist under section 539 of the Mental Health Act 2014;
Citation
This order may be cited as the Mental Health (Authorised Mental Health Practitioners) Order (No. 1)
Commencement
This order comes into operation as follows—
(a) clauses 1 and 2—on the day on which this order is published in the Gazette;
(b) clause 3—on the day after that day.
364 GOVERNMENT GAZETTE, WA 13 January 2017
3. Authorised Mental Health Practitioner
The mental health practitioners specified in Schedule 1 to this order are designated as Authorised
Mental Health Practitioners.
SCHEDULE 1
Name Profession
Dmello, Avinash Registered Nurse
Bozier, Rachel Registered Nurse
Dr SOPHIE DAVISON, Acting Chief Psychiatrist.
11 January 2017.
———————————
HE404
MENTAL HEALTH ACT 2014
MENTAL HEALTH (A UTHORISED MENTAL HEALTH PRACTITIONERS) R EVOCATION
O RDER (N O. 1) 2017
Made by the Chief Psychiatrist under section 539 of the Mental Health Act 2014.
Citation
This Order may be cited as the Mental Health (Authorised Mental Health Practitioners) Revocation
Order (No. 1) 2017.
Commencement
This Order comes into operation as follows—
(a) clauses 1 and 2—on the day on which this order is published in the Gazette;
(b) clause 3—on the day after that day.
Revocation of designation
The designation, as an authorised mental health practitioner of the mental health practitioners
specified in Schedule 1 to this order is revoked.
SCHEDULE 1
Dmello, Ayinash Registered Nurse
Van Donk, Esther Registered Nurse
Barlow, Mark Registered Nurse
Jordan, Glenyse Jean Social Worker
Dr SOPHIE DAVISON, Acting Chief Psychiatrist.
11 January 2017.
J USTICE
JU401
LEGAL PROFESSION ACT 2008
LEGAL PROFESSION (LAW LIBRARY FEES) R ULES 2017
Made by the Director General of the Department of the Attorney General.
PART 1—PRELIMINARY
Citation
These rules are the Legal Profession (Law Library Fees) Rules 2017.
Commencement
These rules come into operation as follows on the day on which these rules are published in the
Gazette.
13 January 2017 GOVERNMENT GAZETTE, WA 365
3. Terms used
In these rules—
agency has the meaning given by section 3 of the Public Sector Management Act 1994 (WA);
committee means the committee created under regulation 8 of the Legal Profession (Law
Library) Regulations 2016.
document delivery service means the provision of a copy of a document within the library’s
collection by post, fax or email;
fee paying user means a person entitled to use the library under regulation 8 of the Legal
Profession (Law Library) Regulations 2016 but who is not entitled to borrow books under
regulation 12(1) of the Legal Profession (Law Library) Regulations 2016 and is not employed
by an agency;
interstate user means a person entitled to use the library under regulation 8(2) of the Legal
Profession (Law Library) Regulations 2016;
librarian means the person employed or appointed to manage the library, or anyone acting in
that position, or any staff under the librarian’s supervision;
library means the law library established under section 596A of the Act;
interlibrary loan means the provision of a copy of a document from outside the library’s
collection, which the library has obtained through the Australian Interlibrary Resource
Sharing network, by email;
metropolitan region has the meaning given by section 4 of the Planning and Development
Act 2005 (WA);
regional fee paying user means a fee paying user who nominates a postal delivery address
outside the metropolitan region.
PART 2—LIBRARY FEES
4. Photocopying fee
A fee paying user must pay a fee of 30 cents per page to photocopy at the library.
5. Printing fee
A fee paying user must pay a fee of 55 cents per page to print at the library.
6. Document delivery fee
(1) To receive a document via the library’s document delivery service, a fee paying user must pay,
subject to subrules (2), (3), (4) and (5)—
(a) if the user elects to receive the document by post, $1.10 per page and the cost of postage;
(b) if the user elects to receive the document by fax, $3.30 per page; or
(c) if the user elects to receive the document by email, $22.00 per document.
(2) If a regional fee paying user elects to receive a document by post, they must pay, instead of the fee
at subrule (1)(a), $0.55 per page and the cost of postage.
(3) If an interstate user elects to receive a document by fax, they must pay, instead of the fee at
subrule (1)(b), $4.40 per page.
(4) A minimum fee of $5.50 applies to all document delivery.
(5) A research fee of $11 will be applied when, in the opinion of the librarian, the research required is
likely to take longer than 90 minutes.
(6) If the research fee under subrule (5) applies, the librarian must inform the user before the
document delivery service is provided.
7. Interlibrary loan fees
Fees for interlibrary loans will be charged in accordance with the recommended prices under the
Australian Interlibrary Resource Sharing Code, published by the Australian Library and Information
Association.
8. Payment of fees
(1) To pay the fees prescribed by rules 4 to 7, a fee-paying user is required to open a pre-paid account
using the library’s electronic payment system.
(2) An administrative fee of $10 applies to the creation of a pre-paid account.
9. Director General may exempt fee paying users
The Director General may, after considering any advice from the committee, exempt a fee paying user
from the requirement to pay fees under rules 4 to 6.
Dr ADAM TOMISON, Director General.
366 GOVERNMENT GAZETTE, WA 13 January 2017
M ARINE /M ARITIME
MA401
WESTERN AUSTRALIAN MARINE ACT 1982
NAVIGABLE WATERS REGULATIONS 1958
PROHIBITED SWIMMING A REA
Heirisson Island, Perth Waters
Department of Transport,
Fremantle WA, 13 January 2017.
Acting pursuant to Regulation 10A(b) of the Navigable Waters Regulations 1958, the department
prohibits swimming and bathing from 8:00 am Tuesday 17th January 2017, until Midnight Friday
27th January 2017.
All waters within a 75 metre radius of the pontoon holding area located at approximately
31° 57.774′S, 115° 53.117′E at Heirisson Island Cove.
CHRISTOPHER J. MATHER, Director of Waterways Safety Management,
Department of Transport.
———————————
MA402
WESTERN AUSTRALIAN MARINE ACT 1982
NAVIGABLE WATERS REGULATIONS 1958
D ECLARATION AND E XEMPTION OF E MERGENCY V ESSELS
Flood Rescue Vessels
(WAMA-2016-201578)
Department of Transport,
Fremantle WA, 13 January 2017.
I, Raymond Buchholz, Marine Safety General Manager, Department of Transport and delegate of the
chief executive officer—
acting pursuant to regulation 19H of the Navigable Water Regulations 1958 (‘the
Regulations’), hereby declare a vessel listed in Schedule 1 to be an emergency vessel, with the
specifications in Schedule 2;
acting pursuant to section 115A of the Western Australian Marine Act 1982 (‘the Act’), hereby
exempt a vessel listed in Schedule 1, from—
(a) notices made under the following sections of the Act (‘the speed exemption’), subject to
the conditions in Schedule 3—
(i) Section 66 (Closure of navigable waters);
(ii) Section 67 (Limiting speed of vessels); and
(b) compliance with Part II of the Act ‘Survey, Manning and Operation of Commercial
Vessels’ (‘the Act Part II exemption’), subject to the conditions in Schedule 4.
This instrument is to be known as WAMA-2016-201578 and is valid until revoked.
RAYMOND BUCHHOLZ, Marine Safety General Manager,
Department of Transport.
————
Schedule 1—Vessels declared as Emergency Vessels
Vessel Name Location Unique Identifier EX Number
DW295 Augusta 9235 EX 224
A-Team BJ391 Australind 9408 EX 226
Citybel Belmont 8917 EX 227
Tinkabel Belmont 8918 EX 228
BJ394 Busselton 8916 EX 229
C801 Carnarvon 8500 EX243
Collie Flood 1 BB083 Collie 9419 EX 233
C805 Derby 8504 EX 234
DQ201 1 Fitzroy Crossing 8915 EX 235
Kalbarri SES River Rescue Kalbarri 8643 EX 236
1 This instrument only applies to this vessel when it is operating on smooth waters, and not when operating on
Lake Argyle.
13 January 2017 GOVERNMENT GAZETTE, WA 367
Vessel Name Location Unique Identifier EX Number
SES 8 BJ392 Murray 9420 EX 238
DB209 Nannup 8913 EX 239
C803 Pt Hedland 8502 EX 240
BK174 Walpole 9236 EX 242
B1534 Mandurah 8914 EX 244
BL264 Canning 9195 EX 245
82236 Canning 9194 EX 246
Schedule 2—Declaration Specifications
Pursuant to regulation 19H(2) of the Regulations—
A vessel listed in Schedule 1 is taken to be operating as an emergency vessel when the vessel
is being deployed in relation to an identified emergency (sea search and rescue or other
situations where serious injury and/or loss of life can either be reasonably expected or has
been reported to the vessel).
The following provisions of the Regulations do not apply to a vessel listed in Schedule 1, in
any circumstances, while the vessel is operating as an emergency vessel—
(a) Regulation 19A (Speed limit in Swan and Canning Rivers); and
(b) Regulation 48 (Limitation of speed).
A vessel listed in Schedule 1 is permitted to use a lamp displaying intermittent blue flashes
at any time the vessel is operating as an emergency vessel.
The operator of a vessel listed in Schedule 1 must hold, as a minimum, a Recreational
Skippers Ticket.
Schedule 3—Speed Exemption Conditions
Pursuant to section 115A of the Act, the speed exemption applies only to vessels listed in Schedule 1 if
the following conditions are met—
The vessel—
(a) is deployed in relation to an identified emergency (sea search and rescue or other
situation where serious injury and/or loss of life can either be reasonably expected or
has been reported to the vessel); and
(b) exhibits a lamp displaying intermittent blue flashes whilst it is exceeding the speed
limit; and
The master (every person, except a pilot, having command or charge) of the vessel—
(a) holds, as a minimum, a Recreational Skippers Ticket;
(b) complies with the Prevention of Collisions at Sea Regulations 1983 including—
(i) Rule 5 (Look-out);
(ii) Rule 6 (Safe Speed);
(iii) Rule 7 (Risk of Collision); and
(c) assesses it is appropriate to exceed the speed limit, taking into account the situation of
the identified emergency.
Schedule 4—Act Part II Exemption Conditions
Pursuant to section 115A of the Act, the Act Part II exemption applies only to vessels listed in
Schedule 1 and only if the following conditions are met—
The vessel operates only on smooth waters;
The vessel displays the EX number allocated to the vessel by the Department of Transport,
and no other vessel identification numbers, in accordance with regulation 10A(1)(f) of the
W.A. Marine Surveys and Certificates of Survey) Regulations 1983;
The vessel is equipped with the following—
(a) either—
(i) a lifejacket for each person on the vessel, which as a minimum, meets the
classification for—
(a) Type 1 under Australian Standard AS 1512, or
(b) Level 100 under Australian Standard AS 4758; or
(ii) inbuilt buoyancy which, as a minimum, meets ‘basic flotation’ as defined in the
National Standard for the Australian Builders Plate for Recreational Boats;
(b) a fire extinguisher that bears the stamp of Standards Australia and conforms as a
minimum, to one of the following Australian Standards—
(i) AS 1841.1 and AS 1841.4 (foam);
(ii) AS 1841.1 and AS 1841.5 (powder type);
(iii) AS 1841.1 and AS 1841.6 (carbon dioxide); or
(iv) AS 1841.1 and AS 1841.7 (vaporizing liquid);
(c) an effective anchor and line; and
(d) a suitable first aid kit;
368 GOVERNMENT GAZETTE, WA 13 January 2017
4. The vessel does not carry any passengers, except where a passenger has just been rescued in
relation to an identified emergency; and
5. The master of the vessel follows Department of Fire and Emergency Services procedures.
Note:
A master of a vessel listed in Schedule 1 is not required to hold a commercial Certificate of
Competency under regulation 28 of the W.A. Marine (Certificates of Competency and Safety Manning)
Regulations 1983. However the Department of Fire and Emergency Services may require the master
to hold a minimum qualification higher than the Recreational Skippers Ticket required by this
instrument.
———————————
MA403
WESTERN AUSTRALIAN MARINE ACT 1982
NAVIGABLE WATERS REGULATIONS 1958
D ECLARATION AND E XEMPTION OF E MERGENCY V ESSEL
Lake Argyle SES Flood Rescue Vessels
(WAMA-2017-201716)
Department of Transport,
Fremantle WA, 13 January 2017.
I, Raymond Buchholz, Marine Safety General Manager, Department of Transport and delegate of the
chief executive officer—
acting pursuant to regulation 19H of the Navigable Water Regulations 1958 (‘the
Regulations’), hereby declare the following vessels (‘Lake Argyle vessels’) to be emergency
vessels whilst operating only on Lake Argyle and with the specifications in Schedule 1—
(a) Vessel C804 with unique identifier 8503, and
(b) Vessel DQ201 with unique identifier 8915 and EX number EX 235; and
acting pursuant to section 115A of the Western Australian Marine Act 1982 (‘the Act’), hereby
exempt Lake Argyle vessels from—
(a) notices made under the following sections of the Act (‘the speed exemption’), subject to
the conditions in Schedule 2—
(i) Section 66 (Closure of navigable waters);
(ii) Section 67 (Limiting speed of vessels); and
(b) compliance with Part II of the Act ‘Survey, Manning and Operation of Commercial
Vessels’ (‘the Act Part II exemption’), subject to the conditions in Schedule 3.
This instrument is to be known as WAMA-2017-201716 and is valid until revoked.
RAYMOND BUCHHOLZ, Marine Safety General Manager,
Department of Transport.
————
Schedule 1—Declaration Specifications
Pursuant to regulation 19H(2) of the Regulations—
A Lake Argyle vessel is taken to be operating as an emergency vessel when it is being
deployed in relation to an identified emergency (sea search and rescue or other situations
where serious injury and/or loss of life can either be reasonably expected or has been reported
to the vessel).
Regulation 48 (Limitation of speed) of the Regulations does not apply to a Lake Argyle vessel,
in any circumstances, while it is operating as an emergency vessel.
A Lake Argyle vessel is permitted to use a lamp displaying intermittent blue flashes at any
time it is operating as an emergency vessel.
The operator of a Lake Argyle vessel must hold, as a minimum, a Recreational Skippers
Ticket.
Schedule 2—Speed Exemption Conditions
Pursuant to section 115A of the Act, the speed exemption applies only if the following conditions are
met—
The Lake Argyle vessel—
(a) is deployed in relation to an identified emergency (sea search and rescue or other
situation where serious injury and/or loss of life can either be reasonably expected or
has been reported to the vessel); and
(b) exhibits a lamp displaying intermittent blue flashes whilst it is exceeding the speed
limit; and
13 January 2017 GOVERNMENT GAZETTE, WA 369
2. The master (every person, except a pilot, having command or charge) of a Lake Argyle
vessel—
(a) holds, as a minimum, a Recreational Skippers Ticket;
(b) complies with the Prevention of Collisions at Sea Regulations 1983 including—
(i) Rule 5 (Look-out);
(ii) Rule 6 (Safe Speed);
(iii) Rule 7 (Risk of Collision); and
(c) assesses it is appropriate to exceed the speed limit, taking into account the situation of
the identified emergency.
Schedule 3—Act Part II Exemption Conditions
Pursuant to section 115A of the Act, the Act Part II exemption applies to a Lake Argyle vessel only if
the following conditions are met—
The vessel is equipped with the following—
(a) either—
(i) a lifejacket for each person on the vessel, which as a minimum, meets the
classification for—
(a) Type 1 under Australian Standard AS 1512, or
(b) Level 100 under Australian Standard AS 4758; or
(ii) inbuilt buoyancy which, as a minimum, meets ‘basic flotation’ as defined in the
National Standard for the Australian Builders Plate for Recreational Boats;
(b) a fire extinguisher that bears the stamp of Standards Australia and conforms as a
minimum, to one of the following Australian Standards—
(i) AS 1841.1 and AS 1841.4 (foam);
(ii) AS 1841.1 and AS 1841.5 (powder type);
(iii) AS 1841.1 and AS 1841.6 (carbon dioxide); or
(iv) AS 1841.1 and AS 1841.7 (vaporizing liquid);
(c) an Emergency Position Indicating Radio Beacon which complies with Australian
Standard/New Zealand Standard AS/NZ 4280.1:2003;
(d) an effective anchor and line; and
(e) a suitable first aid kit;
The vessel does not carry any passengers, except where a passenger has just been rescued in
relation to an identified emergency; and
The master of the vessel follows Department of Fire and Emergency Services procedures.
Note:
A master of a Lake Argyle vessel is not required to hold a commercial Certificate of Competency
under regulation 28 of the W.A. Marine (Certificates of Competency and Safety Manning)
Regulations 1983. However the Department of Fire and Emergency Services may require the master
to hold a minimum qualification higher than the Recreational Skippers Ticket required by this
instrument.
M INERALS AND P ETROLEUM
MP403
DANGEROUS GOODS SAFETY ACT 2004
D ANGEROUS G OODS SAFETY A PPOINTMENT N OTICE (NO. 2) 2017
Made by the Chief Dangerous Goods Officer under s 27(1) of the Dangerous Goods Safety Act 2004.
Citation
This notice may be cited as the Dangerous Goods Safety Appointment Notice (No. 2) 2017.
Dangerous goods officers appointed
I appoint the following persons to be dangerous goods officers—
(i) Greg Bailey
(ii) Warren Mitchell
(iii) Stephen Donald Smith
(iv) Lucio Figueiredo
ROSS STIDOLPH, Chief Dangerous Goods Officer,
(Director of the Dangerous Goods and Petroleum Safety
Branch, Resources Safety Division of the Department
of Mines and Petroleum, Western Australia).
Date: 10 January 2017.
370 GOVERNMENT GAZETTE, WA 13 January 2017
MP401
PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967
R ENEWAL OF PETROLEUM E XPLORATION PERMIT EP 457
Renewal of Petroleum Exploration Permit EP 457 has been granted to Buru Fitzroy Pty Ltd,
Diamond Resources (Fitzroy) Pty Ltd and Rey Oil and Gas Pty Ltd and will remain in force for a
period of five (5) years commencing on 6 January 2017.
JEFF HAWORTH, Executive Director,
Petroleum Division,
Department of Mines and Petroleum.
———————————
MP402
PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967
R ENEWAL OF PETROLEUM E XPLORATION PERMIT EP 458
Renewal of Petroleum Exploration Permit EP 458 has been granted to Buru Fitzroy Pty Ltd,
Diamond Resources (Fitzroy) Pty Ltd and Rey Oil and Gas Pty Ltd and will remain in force for a
period of five (5) years commencing on 6 January 2017.
JEFF HAWORTH, Executive Director,
Petroleum Division,
Department of Mines and Petroleum.
P LANNING
PL401
PLANNING AND DEVELOPMENT ACT 2005
A PPROVED LOCAL PLANNING SCHEME A MENDMENT
Shire of Augusta Margaret River
Local Planning Scheme No. 1—Amendment No. 39
Ref: TPS/1796
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 Augusta Margaret River
Local Planning Scheme amendment on 30 November 2016 for the purpose of—
(a) Amending the Local Planning Scheme No. 1 maps to rezone Lot 112 Caves Road, Gracetown
from ‘Caravan Park’ to ‘Rural Residential’.
(b) Amending Schedule 16 by removing conditions 2 and 9 at reference T13 and substituting new
condition 2 as follows—
No. Description of Land Conditions
T13 Lots 111 and 112 Corner
Cowaramup Bay Road
and Caves Road
Within lot 111 as shown on the Development Guide
Plan dated 9/3/1995 and attached to the Scheme
Amendment Report to Town Planning Scheme
Amendment No. 79 to revoked Scheme No. 11, or
subsequent Structure Plan endorsed by the local
government and the Western Australian Planning
Commission, in accordance with the process set out
in part 6.2 of the Scheme, the local government
may permit—
120 ordinary caravan, caravan ensuite and
camping sites.
Chalets.
Alfresco dining/house/shop complex.
Associated uses relative to the establishment
of a comprehensive caravanning and camping
facility on the site such as recreation uses,
landscaping and any other ancillary uses.
Within Lot 112 as shown on the Development
Guide Plan the local government may permit—
(a) Dormitory accommodation
(b) Managers Residence
13 January 2017 GOVERNMENT GAZETTE, WA 371
No. Description of Land Conditions
(c) 2 Chalets
(d) Associated Facilities such as recreation,
ablutions and buffer areas.
2. The Development guide Plan does not apply to
Lot 112.
3. Providing no buildings are to be established within
100 metres of the National Park boundary.
4. A detailed fire protection plan is to be developed
and implemented.
5. Development shall be of a high standard and in
keeping with the character and amenity of the
locality.
6. In approving development on either of the lots, the
local government is to be satisfied that on site
effluent disposal systems and the locations thereof
are suitable for such purposes and will not affect
the nearby creek line.
7. In considering applications for development, the
local government shall have regard to the following
matters—
Aesthetics
Effluent disposal
Drainage
Watercourse protection
Visual impact
Protection of existing vegetation
Non development zones/landscape buffers
Soil and landform protection
Impact on National Park
Dieback control
Fire control
Contributions to road upgrading
Water demand and supply
8. No further subdivision of land is permitted.
9. Access to Lot 112 shall be subject of the approval of
Main Roads Western Australia.
9. No development shall be permitted within the
landscape buffer as illustrated in the Development
Guide Plan unless otherwise approved by the local
government on the basis of such development
consisting of signage, access for vehicles and
services, fire control and water supply.
(c) Introducing the following specific provisions applicable to Lot 112 Caves Road, Gracetown
under reference number ‘RR34’ of Schedule 7 of the Scheme and amending the Scheme maps
accordingly.
Scheme
Map Ref.
No.
Site Description Specific Conditions and Requirements
R-R34 Lot 112 Caves Road,
Gracetown
Subdivision shall have due regard for the
approved Structure Plan prepared for the land.
The minimum lot size shall be 3 hectares.
At the time of subdivision the local government
will request that the Western Australian
Planning Commission (WAPC) impose conditions
requiring the subdivider to—
(a) Effect the relevant provisions of the endorsed
Fire Management Plan applicable to the
Structure Plan area.
(b) Implement the visual landscape buffer in
accordance with the Structure Plan.
(c) Place a notification on the title of Lot 102
advising prospective purchasers that the
land is located near a National Park which is
subject to fire management regimes
undertaken by the State government; and
(d) Create access to both lots from Cowaramup
Bay Road as shown on the Structure Plan
under a reciprocal rights access agreement.
372 GOVERNMENT GAZETTE, WA 13 January 2017
Scheme
Map Ref.
No.
Site Description Specific Conditions and Requirements
4. Clearing of remnant vegetation shall only take
place within those areas designated as building
envelopes on the Structure Plan with the
following exceptions—
Clearing to gain vehicular access to the lots.
Clearing to comply with the requirements of
the Fire Management Plan; or
Clearing trees that are dead, diseased or
dangerous.
(d) Including Lot 112, Caves Road, Gracetown in Schedule 2 of the Scheme with reference to
‘A58’ by amending the Scheme maps accordingly and introducing the following provisions—
No. Description of Land Additional Use Conditions
A58 Lot 112 Caves Road,
Gracetown
Rural Pursuit 1. The use is limited to the
stabling, agistment or training
of horses for private purposes.
2. The number of horses kept on
the land shall be in accordance
with the Department of
Agriculture and Food Stocking
Rate Guidelines and
determined using areas
currently cleared of native
vegetation.
3. Fencing of the dams and
remnant vegetation on the
land is required prior to any
horses being brought onto the
land.
I. EARL, Shire President.
G. EVERSHED, Chief Executive Officer.
———————————
PL402
PLANNING AND DEVELOPMENT ACT 2005
A PPROVED TOWN PLANNING SCHEME A MENDMENT
City of Canning
Town Planning Scheme No. 40—Amendment No. 219
Ref: TPS/1770
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 Canning Town Planning
Scheme amendment on 12 December 2016 for the purpose of—
Recoding Lots 14, 15, 30, 31, 32, 436, 437, 438 and 439 Melrose Street, Rossmoyne, from
‘Residential R20’ to ‘Residential R30’; and
Amending the Town Planning Scheme No. 40 Map accordingly.
P. NG, Mayor.
L. RUSSELL PSM, Chief Executive Officer.
———————————
PL403
PLANNING AND DEVELOPMENT ACT 2005
A PPROVED LOCAL PLANNING SCHEME A MENDMENT
Shire of Murray
Local Planning Scheme No. 4—Amendment No. 289
Ref: TPS/1630
It is hereby notified for public information, in accordance with section 87 of the Planning and
Development Act 2005 that the Minister for Planning approved the Shire of Murray Local Planning
Scheme amendment on 12 December 2016 for the purpose of—
Modifying the Scheme Map to rezone Lot 1 Lakes Road and Lot 2 Shanns Road, North
Dandalup from “Rural Zone” to “Special Rural Zone”.
13 January 2017 GOVERNMENT GAZETTE, WA 373
Modifying the Fourth Schedule of the Scheme Text by inserting in the “Special Rural Zone”
Schedule the following—
(A)
SPECIFIED LAND
(B)
SPECIAL PROVISIONS RELATING TO (A)
SR39 Lot 1 Lakes Road
and Lot 2 Shanns
Road, North
Dandalup
Subdivision and development of the land should be
generally in accordance with the local structure plan
approved by the West Australian Planning Commission.
Each lot shall not be less than 1 hectare in area.
Prior to the subdivision of the land, a detailed plan shall
be prepared indicating the dimensions and suitable
position of a building envelope for each proposed lot. Each
building envelope shall has a maximum area of 2000m 2 .
All buildings and effluent disposal systems are to be
located within the approved building envelope unless
prior written approval of the Council is granted.
All buildings envelopes are to be setback a minimum of
20m from primary and secondary street boundaries and
10m from other boundaries.
Council may vary the location of the building envelope
(except minimum setbacks) if it is satisfied that—
(a) The topography or shape of the lot or natural flora on
it makes it desirable to alter this location;
(b) The location of the building envelope will not detract
from the environmental quality of the area or the
amenity of existing or future residents on adjoining
lots;
(c) The proposed location is in compliance with the
requirements of the Fire Management Plan.
All building envelopes shall be filled to achieve a
minimum 1m above existing surface level or 0.5m above
the forecast 100 year flood level whichever is the greater.
(a) The following uses are permitted (‘P’)
Single house
Outbuilding
Public Utility
Home Office
(b) Notwithstanding the list of uses permitted under the
zoning Table No. 1 the following uses may be
permitted at the discretion of the Council (“AA”).
Home Occupation
Ancillary Dwelling
Cottage Industry
Stables
Bed and Breakfast
Home Business
Family Day Care
(c) All other uses are not permitted (“X”)
Each lot shall be connected to a reticulated water supply.
No dwelling shall be approved by Council unless it is
connected to an alternative domestic waste water
treatment system with an adequate phosphorous
retention capacity as approved by the Department of
Health Western Australia, and with the base of the
system or modified irrigation area being a minimum of
600mm above the highest known water table to the
satisfaction of Council.
Soil with a high phosphorous retention index is to be
placed surrounding the effluent disposal system discharge
area to the satisfaction of the Council.
Prior to the sale of any subdivided lots, the subdivider
shall make arrangements satisfactory to Council to
ensure that prospective purchasers of the lots created are
advised of the special provisions of the Shire of Murray
Town Planning Scheme No. 4 which relate to the use and
management of the land.
Fire Management requirements as outlined in an
endorsed Fire Management Plan and structure plan are
to be implemented.
374 GOVERNMENT GAZETTE, WA 13 January 2017
(A)
SPECIFIED LAND
(B)
SPECIAL PROVISIONS RELATING TO (A)
14. All dwellings are to be constructed in accordance with AS
3959-Construction of buildings within bushfire prone
areas.
15. No dam shall be constructed without the written approval
of Council.
16. The keeping or agistment of livestock shall not be
permitted without the approval in writing of Council and
shall only be undertaken in accordance with any
conditions of approval. The type and number of any
livestock shall comply with the recommendations of the
Department of Agriculture and Food in accordance with
the pasture and soil type. Notwithstanding the foregoing,
Council may require the stocking rates to be reduced
where they are excessive or the land is subject to
significant additional nutrient application or land
degradation.
17. Horses may only be kept on lots where there is an
approved Equine Management Plan and the keeping and
management of horses shall be in accordance with the
provisions and requirements of the approved Equine
Management Plan.
18. If base stocking rates cannot be achieved, stables are not
proposed and/or the keeping of a horse(s) is dependent on
irrigation of pasture, then approvals will not be granted
unless a report confirming ground water is available and
the quality is suitable for pasture to sustain horses is
provided.
19. Council may require the landowner to erect stock proof
fencing around environmental features (including
remnant vegetation). This may include fencing around
individual isolated trees where appropriate. Such fencing
thereafter shall be maintained by the land owner to the
satisfaction of Council.
20. Fencing shall be open post and rail or post and wire
construction and shall be maintained to the satisfaction of
the Council.
21. A Revegetation Management Plan is to be prepared and
implemented by the subdivider, which is to include but
not limited to, planting located between the road
pavement and proposed building envelopes and along the
northern and southern boundaries.
22. The subdividing land owner shall prepare and implement
a Landscape Management Plan for a vegetative buffer to
control spray drift, dust, smoke and ash for proposed lots
abutting the western and eastern boundaries of Lot 1
Lakes Road and Lot 2 Shanns Road.
The vegetative buffer shall be installed in accordance
with Department of Health Guidelines for Separation of
Agriculture and Residential Land Uses to the satisfaction
of the local government.
23. The subdividing landowner at the subdivision stage is to
provide a plan of the highest known ground water levels
across the subject land.
24. The subdivider shall ensure that prospective purchasers
of a subdivided lot are to acknowledge in writing at the
time of purchasing the lot that the lot is located within in
the Murray Groundwater Management Area and
therefore a ground water licence shall be obtained from
the Department of Water prior to the construction of a
well or bore. The issue of a licence is not guaranteed but if
issued, may contain a number of conditions including the
quantity of water that can be pumped each year.
25. A Local Water Management Plan shall be prepared by the
subdivider to the requirements of the Department of
Water and Council, prior to the subdivision of the land.
26. Any natural drainage course running through lots shall
be covered by an easement for drainage purposes in
favour of Council.
13 January 2017 GOVERNMENT GAZETTE, WA 375
(A)
SPECIFIED LAND
(B)
SPECIAL PROVISIONS RELATING TO (A)
27. The subdividing land owner shall construct crossovers to
lots affected by a drainage easement.
28. A Foreshore Management Plan shall be prepared and
implemented by the subdividing land owner for the North
Dandalup River as shown on the Structure Plan to the
satisfaction of Council and Department of Environment
and Regulation.
29. No direct lot access will be permitted to Lakes Road.
Crossovers for lots abutting Lakes Road should be located
on the secondary road frontages as shown on the
structure plan, although provisions for access to Lakes
Road by emergency vehicles may be provided with written
approval of Council.
30. The subdivider may be required to cede land for the
future widening of Lakes Road and make a 50%
contribution towards the upgrading of Shanns Road.
These matters will be considered in detail as part of the
subdivision process and necessary conditions may be
imposed at the subdivision stage as determined by the
West Australian Planning Commission.
M. REID, President.
D. UNSWORTH, Chief Executive Officer.
———————————
PL404
PLANNING AND DEVELOPMENT ACT 2005
A PPROVED LOCAL PLANNING SCHEME A MENDMENT
Shire of Donnybrook-Balingup
Local Planning Scheme No. 7—Amendment No. 2
Ref: TPS/1754
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 Donnybrook-Balingup
Local Planning Scheme amendment on 30 November 2016 for the purpose of—
Rezoning Lot 102 South Western Highway from “Residential R5/2.5” to “Residential R5/10”.
Amend the Scheme Maps accordingly.
A. LOGIUDICE, President.
J. ATTWOOD, Chief Executive Officer.
———————————
PL405
PLANNING AND DEVELOPMENT ACT 2005
A PPROVED LOCAL PLANNING SCHEME A MENDMENT
City of Canning
Local Planning Scheme No. 40—Amendment No. 175
Ref: TPS/1802
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 Canning Local Planning
Scheme amendment on 13 December 2016 for the purpose of—
Reclassifying portion of Lot 4013 (No.’s 1279-1281) Albany Highway, Cannington from ‘No
zone’ to Local Authority Reservation for ‘Local Park and Recreation Area’.
Reclassifying 24 Burton Street (Lot 101), Cannington and 10 Hamilton Street (Lot 27),
Cannington from ‘No zone’ and ‘Commercial’ to ‘Commercial’.
376 GOVERNMENT GAZETTE, WA 13 January 2017
3. Reclassifying Lots 50, 51, 66 and 68 that form part of Federation Lane between Kent Street
and George Street West, Cannington from ‘Light Industry’ and ‘Highway Commercial’ to ‘No
zone’.
4. Reclassifying Lot 66 George Way, Cannington from ‘Highway Commercial’ to ‘No zone’.
5. Reclassifying Lot 3458 Arlington Drive, Willetton from Local Authority Reservation for
‘Public Purposes’ to Local Authority Reservation for ‘Local Park and Recreation Area’.
6. Reclassifying 198 Fern Road (Lot 200) and 2 Surrey Road (Lot 42), Wilson from ‘No zone’ and
‘Residential’ zone with a density code of R25 to ‘Residential’ zone with a density code of R25.
7. Reclassifying a 205m 2 portion of the Albany Highway road reserve adjacent to 1179 (Lot 22)
Albany Highway, Bentley from ‘No zone’ to ‘Residential’ zone with a density code of R40.
8. Reclassifying Lot 331 Bellona Place, Willetton from Local Authority Reservation for ‘Public
Purposes’ to Local Authority Reservation for ‘Local Park and Recreation Area’.
9. Reclassifying 15 Station Street (Lot 5) and 24 Bickley Road (Lot 107), Cannington from ‘No
zone’ and ‘Residential’ zone with a density code of R17.5/R40 to ‘Residential’ zone with a
density code of R17.5/R40.
10. Rezoning 1140 Albany Highway (Lot 302), Bentley from ‘Shopping’ and ‘Highway
Commercial’ to ‘Shopping’.
11. Reclassifying 87-89 Gerard Street (Lot 922) and 164-168 Station Street (Lot 150), East
Cannington from ‘Residential’ zone with a density code of R15 to Local Authority Reservation
for ‘Local Park and Recreation Area’.
12. Reclassifying 60-62 Elizabeth Street (Lot 200), East Cannington from ‘Residential’ zone with
a density code of R15 to Local Authority Reservation for ‘Local Park and Recreation Area’.
13. Reclassifying 133 Thomas Street (Lot 44), East Cannington from ‘Residential’ zone with a
density code of R30 to Local Authority Reservation for ‘Local Park and Recreation Area’.
14. Reclassifying 9, 11 and 13 Little Close (Lots 614, 613 and 612) and 139, 141 and 143 Station
Street (Lots 536, 535 and 534), East Cannington from ‘Residential’ zone with a density code of
R30 to Local Authority Reservation for ‘Local Park and Recreation Area’.
15. Reclassifying Lot 222 Lansing Street, Queens Park from ‘Residential’ zone with a density
code of R30 to Local Authority Reservation for ‘Local Park and Recreation Area’.
16. Reclassifying 52-60 (Lot 0) Thomas Street, 21 (Lot 0) Mary MacKillop Glen and Lot 56
Ursuline Vista, Queens Park from ‘Residential’ zone with a density code of R30 to Local
Authority Reservation for ‘Local Park and Recreation Area’.
17. Reclassifying 4 Cunnington Way (Lot 4535) and Lot 4536 Wellington Street, Queens Park
from ‘Residential’ zone with a density code of R17.5/R40 to Local Authority Reservation for
‘Local Park and Recreation Area’.
18. Reclassifying 46 Glamorgan Street (Lot 801), East Cannington from ‘Residential’ zone with a
density code of R15 to Local Authority Reservation for ‘Local Park and Recreation Area’.
19. Reclassifying 3 Lacey Street (Lot 8), 328, 330, 332 and 334 Railway Parade (Lots 109, 108,
107 and 106) and Lot 9 Albion Street, East Cannington from Local Authority Reservation for
‘Civic and Cultural Areas’ to Local Authority Reservation for ‘Local Park and Recreation
Area’.
20. Reclassifying 12 Turnstone Gardens (Lot 50), East Cannington from ‘Residential’ zone with a
density code of R15 to Local Authority Reservation for ‘Local Park and Recreation Area’.
21. Reclassifying 24-28 Huntley Close (Lot 111), East Cannington from ‘Residential’ zone with a
density code of R15 to Local Authority Reservation for ‘Local Park and Recreation Area’.
22. Reclassifying 59 Russell Street (Lot 109), East Cannington from ‘Residential’ zone with a
density code of R30 to Local Authority Reservation for ‘Local Park and Recreation Area’.
23. Reclassifying 23 Dabchick Close (Lot 132), Lot 313 Wagtail Lane and 12 and 14 Treemartin
Place (Lots 726 and 92), East Cannington from ‘Residential’ zone with a density code of R20
to Local Authority Reservation for ‘Local Park and Recreation Area’.
24. Reclassifying Lot 3000 Gianatti Ramble, East Cannington from ‘Residential’ zone with a
density code of R20 to Local Authority Reservation for ‘Local Park and Recreation Area’.
25. Reclassifying 10 Barmond Road (Lot 46), Cannington from ‘Residential’ zone with a density
code of R30 to Local Authority Reservation for ‘Local Park and Recreation Area’.
26. Reclassifying 17 Dante Court (Lot 4796) and Lot 122 Merian Close, Bentley from ‘Residential’
zone with a density code of R30 to Local Authority Reservation for ‘Local Park and Recreation
Area’.
27. Reclassifying 9 and 14 Old Nursery Lane (Lots 5007 and 5008), Willetton from ‘Residential’
zone with a density code of R20 to Local Authority Reservation for ‘Local Park and Recreation
Area’.
28. Reclassifying Lot 3602 Lowry Street, Shelley from ‘Residential’ zone with a density code of
R25 to Local Authority Reservation for ‘Local Park and Recreation Area’.
29. Amending the Scheme Map accordingly.
P. NG, Mayor.
A. KYRON, Chief Executive Officer.
13 January 2017 GOVERNMENT GAZETTE, WA 377
DECEASED E STATES
ZX401
TRUSTEES ACT 1962
D ECEASED E STATES
Notice to Creditors and Claimants
In the estate of George Michael Vooles, late of 44 Everingham Street, Carine, Western Australia, who
died on 12 November 2016.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in
respect of the estate of the said deceased person are required by the Executors of the deceased’s estate
being Justin Michael Vooles and Candice Adele Vooles, care of 18 Porteous Road, Sorrento WA 6020,
to send particulars of their claims to them by 8 February 2017, after which date the Executors may
convey or distribute the assets having regard only to the claims of which they then have notice.
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ZX402
TRUSTEES ACT 1962
D ECEASED E STATES
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 13 February 2017, after which date I may convey or distribute the
assets, having regard only to the claims of which I then have notice.
Barras, Phyllis Joan, late of Carinya Park Apartments, Unit 24, 2 Plantation Street, Menora, died
25.11.2016 (DE19871033 EM13)
Dawe, Raymond Herbert, late of Banksia Park Aged Care, 20 Bright Road, Calista, died 1.12.2016
(DE19770208 EM36)
Espie, James Strathdee, late of Gracewood, 20 Roebuck Drive, Salter Point, died 6.11.2016
(DE33129568 EM37)
Hind, Yikke also known as Yikkie, late of Aegis, 26 Hamilton Street, Bassendean, died 9.12.2016
(DE33044513 EM36)
Petty, Ernest Ronald, late of Yallambee Hostel, 2 Fenton Street, Mundaring formerly of 51 Stennett
Street, Gosnells, died 16.10.2016 (DE33104113 EM32)
Stratton, Doris Mildred, late of 13 Marchamley Street, Carlisle, died 30.11.2016 (DE19671600 EM32)
Sweeney, Patrick Joseph, late of Parkland Villas, Villa 128, 52-54 Liege Street, Woodlands, died
14.11.2016 (DE33015495 EM38)
BRIAN ROCHE, Public Trustee.
553 Hay Street, Perth WA 6000.
Telephone: 1300 746 212
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ZX403
PUBLIC TRUSTEE ACT 1941
A DMINISTERING OF E STATES
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 estates of the undermentioned deceased persons.
Dated at Perth the 13th day of January 2017.
BRIAN ROCHE, Public Trustee,
553 Hay Street, Perth WA 6000.
Telephone: 1300 746 212
————
Name of Deceased Address Date of Death Date Election Filed
Melvina Alice Cross
DE33031478 EM17
59 Ipsen Street,
Manjimup
11 September 2016 28 December 2016
Alida Alice Celina
Deroost (also known as
Alida Alice Celina
Desnoeck)
DE19791201 EM26
18 Homestead Drive,
Wellard
1 June 2016 6 January 2017
378 GOVERNMENT GAZETTE, WA 13 January 2017
Name of Deceased Address Date of Death Date Election Filed
Peter Wilton Dew
DE33027205 EM16
17 Crowtherton Street,
Bluff Point
21 February 2016 28 December 2016
Martin Fallon
DE19960255 EM36
2/11 Seahorse Crescent,
Geographe
6 August 2016 6 January 2017
Betty Olive Mulford
DE33112744 EM37
73 Jarrah Road,
Bentley
21 August 2016 28 December 2016
Edna Pappas
DE19932296 EM37
6 Third Avenue,
Maylands
19 July 2016 5 January 2016
P UBLIC N OTICES
ZZ401
PARTNERSHIP ACT 1895
D ISSOLUTION OF PARTNERSHIP
Notice is hereby given in accordance with Section 47 of the Partnership Act 1895 that the partnership
between Raith Nominees Pty Ltd as trustee for the Bitdorf Family Trust, Asterm Pty Ltd as trustee
for the Euro Pacific No 2 Family Trust and Protégé Corporation Pty Ltd as trustee for the R&N
Family Trust was dissolved on the 31st of October 2016.
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