Shie of Denmark (Western Australia)

2939 ISSN 2204-4264 (online) PERTH, TUESDAY, 10 DECEMBER 2024 No. 152 PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CONTENTS Page Environment ...................................................................................................................................... 2941 Local Government .............................................................................................................................. 2941 Minerals and Petroleum .................................................................................................................... 2949 Planning ............................................................................................................................................. 2950 Public Notices..................................................................................................................................... 2954 Salaries and Allowances Tribunal .................................................................................................... 2950

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10 December 2024 GOVERNMENT GAZETTE, WA 2941 ENVIRONMENT EV401 ENVIRONMENTAL PROTECTION ACT 1986 NOTICE OF APPEALABLE DECISION City of Fremantle It is hereby notified for public information that the Chief Executive Officer of the City of Fremantle, acting under delegation from the CEO under the Environmental Protection Act 1986, has made the following appealable decision pursuant to Division 7 of the Environmental Protection (Noise) Regulations 1997, in relation to an application for approval of a sporting, cultural or entertainment venue, namely the ‘Notice of Venue Approval—Fremantle Prison’ dated 5 December 2024— (a) Approval of the venue; (b) the imposition of conditions on the approval of the venue; and (c) the specification of the period of three (3) years as the period for which the approval has effect. Copies of the approval notice, including the conditions of the approval, are available for viewing at the City of Fremantle (Walyalup Civic Centre, 151 High Street, Fremantle) or from the City’s website at: https://www.fremantle.wa.gov.au/page/public-notices Any person who is aggrieved by the above decision may lodge an appeal. An appeal must be lodged within 21 days from the date of publication of this notice in the Gazette. The ground for the appeal must be clearly stated. Appeals are to be addressed to the Minister for the Environment and lodged with— Appeals Convenor for the Environmental Protection Act Level 22, Forrest Centre 221 St Georges Terrace Perth WA 6000 Appeals can be lodged online at www.appealsconvenor.wa.gov.au, by hand delivery, or by email to admin@appealsconvenor.wa.gov.au or by fax to (08) 6467 5199. The appeal must be accompanied by a $50 fee. For further information about appeals, see ‘Types of appeal, Noise Regulations’ on the Appeals Convenor’s website www.appealsconvenor.wa.gov.au or phone (08) 6364 7990. Dated 5 December 2024. GLEN DOUGALL, Chief Executive Officer, City of Fremantle. LOCAL GOVERNMENT LG401 WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 LOCAL GOVERNMENT ACT 1995 Shire of Denmark WASTE LOCAL LAW 2024 Under the powers conferred by Waste Avoidance and Resource Recovery Act 2007, the Local Government Act 1995 and under all other powers enabling it, the Shire of Denmark resolved on the 29th of October 2024 to make the following local law. PART 1—PRELIMINARY 1.1 Short title This is the Shire of Denmark Waste Local Law 2024. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Repeal The Shire of Denmark Health Local Law 1998 is amended as follows— (a) in clause 4.2 1 delete all definitions except “rubbish or refuse” and “receptacle”; (b) delete clauses 4.2.2 to 4.2.6; (c) delete clauses 4.2.8 and 4.2.9;

2942 GOVERNMENT GAZETTE, WA 10 December 2024 (d) delete clause 4.2.11; (e) delete clauses 4.2.13; and (f) delete Schedule 13. 1.5 Meaning of terms used in this local law (1) In this local law— authorised person means a person appointed by the local government under section 9.10 of the LG Act to perform any of the functions of an authorised person under this local law and includes the CEO; CEO means the Chief Executive Officer of the local government; collectable waste means local government waste that is not— (a) liquid refuse; (b) liquid waste; or (c) non-collectable waste; collectable waste receptacle means a receptacle supplied or approved under clause 2.1 for the deposit and collection of collectable waste that is— (a) a recycling waste receptacle; (b) a general waste receptacle; or (c) an organic waste receptacle; collection, when used in relation to a receptacle, means the collection and removal of collectable waste from the receptacle by the local government or its contractor; collection day means the day determined by the local government for the collection of collectable waste in the district or a part of the district; collection time means the time on the collection day determined by the local government for the collection of collectable waste in the district or a part of the district; costs of the local government include administrative costs; Council means the council of the local government; district means the district of the local government; general waste receptacle means a receptacle for the deposit and collection of collectable waste that is not recycling waste; LG Act means the Local Government Act 1995; LG Regulations means the Local Government (Functions and General) Regulations 1996; local government means the Shire of Denmark; local government waste has the same meaning as in the WARR Act; non-collectable waste has the meaning set out in Schedule 1 of this local law; occupier in relation to premises, means any or all of the following— (a) a person by whom or on whose behalf the premises are actually occupied; or (b) a person having the management or control of the premises; organic waste means waste that decomposes readily, such as garden waste or food waste; organic waste receptacle means a receptacle for the deposit and collection of organic waste; owner has the same meaning as in the LG Act; public place includes a place to which the public ordinarily have access, whether or not by payment of a fee; receptacle, means a receptacle— (a) that has been supplied for the use of the premises by the local government or its contractor, or which has otherwise been approved by the local government; and (b) the waste from which is collected and removed from the premises by the local government or its contractor; recycling waste receptacle means a receptacle for the deposit and collection of recycling waste; recycling waste means— (a) paper and cardboard; (b) plastic containers comprised of polyethylene terephthalate or high density polyethylene; (c) glass containers; (d) steel containers; (e) aluminium containers; (f) liquid paper board; and (g) any other waste determined by the local government to be recycling waste; specified means specified by the local government or an authorised person, as the case may be; street alignment means the boundary between the land comprising a street and the land that abuts the street; WARR Act means the Waste Avoidance and Resource Recovery Act 2007;

10 December 2024 GOVERNMENT GAZETTE, WA 2943 WARR Regulations means the Waste Avoidance and Resource Recovery Regulations 2008; waste has the same meaning as in the WARR Act; waste facility means a waste facility, as defined in the WARR Act, that is operated by the local government; and waste service has the same meaning as in the WARR Act. (2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and occupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or occupiers. 1.6 Local public notice of determinations Where, under this local law, the local government has a power to determine a matter— (a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined; (b) the determination becomes effective only after local public notice has been given; (c) the determination remains in force for the period of one year after the date that local public notice has been given under subclause (a); (d) after the period referred to in subclause (c), the determination continues in force only if, and for so long as, it is the subject of local public notice, given annually, under section 1.7 of the LG Act; and (e) the determination must be recorded in a publicly accessible register of determinations that must be maintained by the local government. 1.7 Rates, fees and charges The local government’s powers to impose rates, fees and charges in relation to waste services are set out in sections 66 to 68 of the WARR Act and sections 6.16 and 6.17 of the LG Act. 1.8 Power to provide waste services The local government’s power to provide, or enter into a contract for the provision of, waste services is dealt with in section 50 of the WARR Act. PART 2—LOCAL GOVERNMENT WASTE 2.1 Supply of receptacles (1) The local government may supply, for the use of each premises that are, or are capable of being, occupied or used for residential purposes, one or more receptacles for the collection and removal, from those premises, of collectable waste. (2) The owner of premises to which subclause (1) applies must— (a) ensure that the fee or charge (if any) imposed by the local government in relation to each receptacle is paid to the local government; and (b) ensure that each receptacle is used, in respect of those premises, in accordance with this local law. 2.2 Deposit of waste in receptacles (1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any non-collectable waste. (2) A person must not deposit waste in a receptacle that has been provided for the use of other premises without the consent of the owner or occupier of those premises. 2.3 General waste receptacles (1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste receptacle— (a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable waste; or (b) where the receptacle has any other capacity—more than the weight determined by the local government. (2) Where the local government supplies recycling waste receptacles, an owner or occupier of the premises must not deposit or permit to be deposited in a general waste receptacle any recycling waste. (3) Where the local government supplies organic waste receptacles, an owner or occupier of the premises must not deposit or permit to be deposited in a general waste receptacle any organic waste. 2.4 Recycling waste receptacles An owner or occupier of premises must not deposit or permit to be deposited in a recycling waste receptacle— (a) anything other than the particular type of recycling waste for which that receptacle was provided by the local government for those premises; (b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of recycling waste; or

2944 GOVERNMENT GAZETTE, WA 10 December 2024 (c) where the receptacle has any other capacity—more than the weight determined by the local government. 2.5 Organic waste receptacles An owner or occupier of premises must not deposit or permit to be deposited in an organic waste receptacle— (a) anything other than the particular type of organic waste for which that receptacle was provided by the local government for those premises; (b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or (c) where the receptacle has any other capacity—more than the weight determined by the local government. 2.6 Direction to place or remove a receptacle (1) The local government or an authorised person may give a written direction to an owner or occupier of specified premises— (a) to place a receptacle in respect of those premises for collection; or (b) to remove a receptacle in respect of those premises after collection. (2) The direction under subclause (1) may specify when the placement or removal is to occur, or where the receptacle is to be placed, or both. (3) An owner or occupier of premises must comply with a direction given under this clause. 2.7 Duties of owner or occupier—collection of receptacles An owner or occupier of premises must— (a) except for a reasonable period before and after collection time, keep each receptacle in a storage space or area that is behind the street alignment; (b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the premises, or other area as determined by the local government, ensure that, within a reasonable period before collection time, each receptacle is— (i) within 1 metre of the carriageway; (ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way or carriageway; and (iii) facing squarely to the edge of and opening towards the carriageway, or in such other position as is approved in writing by the local government or an authorised person. 2.8 Exemption (1) An owner or occupier of premises may apply in writing to the local government for an exemption from compliance with the requirements of clause 2.7(a) or (b). (2) The local government or an authorised person may grant, with or without conditions, or refuse an application for exemption from compliance under this clause. (3) An exemption granted under this clause must state— (a) the premises to which the exemption applies; (b) the period during which the exemption applies; and (c) any conditions imposed by the local government or the authorised person. (4) An exemption granted under this clause ceases to apply— (a) if the local government decides, on reasonable grounds, that there has been a failure to comply with a condition of the exemption; and (b) from the date that the local government informs the owner or occupier of its decision under clause 2.8(4)(a). 2.9 Damaging or removing receptacles A person, other than the local government or its contractor, must not— (a) damage, destroy or interfere with a receptacle; or (b) remove a receptacle from any premises for which it was obtained, or to which it was delivered by the local government or its contractor except— (i) as permitted by this local law; or (ii) as authorised by the local government or an authorised person. 2.10 Verge collections (1) Where the local government has advertised a verge waste collection (such as a green waste, or a bulk waste) a person, unless with and in accordance with the approval of the local government or an authorised person— (a) must deposit waste only during the period of time, and in accordance with other terms and conditions, as advertised by the local government in relation to that verge waste collection; and (b) must otherwise comply with those terms and conditions. (2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove any of that waste for a commercial purpose but may remove it for any other purpose.

10 December 2024 GOVERNMENT GAZETTE, WA 2945 (3) Except where waste is lawfully removed from a verge under this clause, a person must not disassemble or tamper with any waste deposited on a verge for a verge waste collection so as to increase the risk of harm to any person. (4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the local government in relation to the verge waste collection. PART 3—GENERAL DUTIES 3.1 Duties of an owner or occupier—maintenance of receptacles An owner or occupier of premises must— (a) take reasonable steps to ensure that a sufficient number of receptacles are provided to contain all waste which accumulates or may accumulate in or from the premises; (b) ensure that each receptacle is kept in good condition and repair; (c) take all reasonable steps to— (i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches, rodents and other vectors of disease; (ii) prevent the emission of offensive or noxious odours from each receptacle; and (iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining premises; (d) whenever directed to do so by the local government or an authorised person, thoroughly clean, disinfect, deodorise and apply a residual insecticide to each receptacle; and (e) if the receptacle is lost, stolen, damaged or defective— (i) in the case of a receptacle that is not supplied by the local government, replace or repair the receptacle as soon as practicable after the event or when directed by the local government; and (ii) in the case of a receptacle that is supplied by the local government, notify the local government as soon as practicable after the event. 3.2 Removal of waste from premises (1) A person must not remove any waste from premises unless that person is— (a) the owner or occupier of the premises; (b) authorised to do so by the owner or occupier of the premises; or (c) authorised in writing to do so by the local government or an authorised person. (2) A person must not remove any waste from a receptacle without the approval of— (a) the local government or an authorised person; or (b) the owner or occupier of the premises at which the receptacle is ordinarily kept. 3.3 Receptacles and containers for public use A person must not, without the approval of the local government or an authorised person— (a) deposit household, commercial or other waste from any premises on or into; or (b) remove any waste from, a receptacle is provided for the use of the general public in a public place. PART 4—OPERATION OF WASTE FACILITIES 4.1 Operation of this Part This Part applies to a person who enters a waste facility. 4.2 Hours of operation The local government may from time to time determine the hours of operation of a waste facility. 4.3 Signs and directions (1) The local government or an authorised person may regulate the use of a waste facility— (a) by means of a sign; or (b) by giving a direction to a person within a waste facility. (2) A person within a waste facility must comply with a sign or direction under subclause (1). (3) The local government or an authorised person may direct a person who commits, or is reasonably suspected by the local government or the authorised person of having committed, an offence under this clause to leave the waste facility immediately. (4) A person must comply with a direction under subclause (3). 4.4 Fees and charges—waste facilities (1) Unless subclause (3) applies, a person must, on or before entering a waste facility or on demand by the local government or an authorised person, pay the fee or charge as assessed by an authorised person.

2946 GOVERNMENT GAZETTE, WA 10 December 2024 (2) An authorised person may assess the fee or charge in respect of a particular load of waste at a rate that applies to any part of that load, even if that rate is higher than the rate that would apply to any other part of the load. (3) Subclause (1) does not apply— (a) to a person who disposes of waste in accordance with the terms of— (i) a credit arrangement with the local government; or (ii) any other arrangement with the local government to pay the fee or charge at a different time or in a different manner; and (b) to the deposit of waste owned by the local government, or in the possession of an employee on behalf of the local government. 4.5 Depositing waste (1) A person must not deposit waste at a waste facility other than— (a) at a location determined by a sign and in accordance with the sign; and (b) in accordance with the direction of an authorised person. (2) The local government may determine the classification of any waste that may be deposited at a waste facility. 4.6 Prohibited activities (1) Unless authorised by the local government, a person must not— (a) remove any waste or any other thing from a waste facility; (b) deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or hazardous, or the depositing of which is regulated or prohibited by any written law; (c) light a fire in a waste facility; (d) remove, damage or otherwise interfere with any flora in a waste facility; (e) remove, injure or otherwise interfere with any fauna in a waste facility; or (f) damage, deface or destroy any building, equipment, plant or property within a waste facility. (2) A person must not act in an abusive or threatening manner towards any person using, or engaged in the management or operation of, a waste facility. PART 5—ENFORCEMENT 5.1 Objection and appeal rights Division 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary or cancel— (a) an approval under clause 2.7(b); (b) an exemption under clause 2.8(2); (c) an approval under clause 2.9(b); (d) an approval under clause 2.10(1); (e) an authorisation under clause 3.2(1)(c); (f) an approval under clause 3.2(2); and (g) an approval under clause 3.3. 5.2 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 a 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 exceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding $500 in respect of each day or part of a day during which the offence has continued. 5.3 Other costs and expenses (1) A person who is convicted of an offence under this local law is to be liable, in addition to any penalty imposed under clause 5.2, to pay to the local government the costs and expenses incurred by the local government in taking remedial action such as— (a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or (b) making good any damage caused to a waste facility. (2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to the local government, in a court of competent civil jurisdiction. 5.4 Prescribed offences (1) An offence against a clause specified in Schedule 2 of this local law is a prescribed offence for the purposes of section 9.16(1) of the LG Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 2.

10 December 2024 GOVERNMENT GAZETTE, WA 2947 5.5 Form of notices (1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations. (2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in Schedule 1 of the LG Regulations. (3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of Form 3 in Schedule 1 of the LG Regulations. ———— SCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’ [Clause 1.5(1)] non-collectable waste means— (a) hot or burning material; (b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents, pesticides, oils, gas cylinders, batteries, chemicals and heavy metals; (c) any other hazardous material, such as radioactive waste; (d) any explosive material, such as flares or ammunition; (e) electrical and electronic equipment; (f) hospital, medical, veterinary, laboratory or pathological substances; (g) construction or demolition waste; (h) sewage; (i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste) Regulations 2004; (j) any object that is greater in length, width, or breadth than the corresponding dimension of the receptacle or that will not allow the lid of the receptacle to be tightly closed; (k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious odour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or impervious material or placed in a sealed impervious and leak-proof container; and (l) any other waste determined by the local government to be non-collectable waste. ———— SCHEDULE 2—PRESCRIBED OFFENCES [Clause 5.4] Item No. Clause No. Description Modified Penalty 1 2.1(2)(a) Failing to pay fee or charge $350 2 2.1(2)(b) Failing to ensure lawful use of receptacle $500 3 2.2(1) Depositing non-collectable waste in a receptacle $500 4 2.2(2) Depositing waste in another receptacle without consent $500 5 2.3(1) Exceeding weight capacity of a general waste receptacle $350 6 2.3(2) & (3) Depositing unauthorised waste in a general waste receptacle $500 7 2.4(a) Depositing unauthorised waste in a recycling waste receptacle $350 8 2.4(b) & (c) Exceeding weight capacity of a recycling waste receptacle $250 9 2.5(a) Depositing unauthorised waste in an organic waste receptacle $500 10 2.5(b) & (c) Exceeding weight capacity of an organic waste receptacle $350 11 2.6(3) Failing to comply with a direction concerning placement or removal of a receptacle $250 12 2.7(a) Failing to keep a receptacle in the required location $250 13 2.7(b) Failing to place a receptacle for collection in a lawful position $250 14 2.9(a) Damaging, destroying or interfering with a receptacle $400 15 2.9(b) Removing a receptacle from premises $400 16 2.10(1) Failing to comply with a term or condition of verge waste collection $400 17 2.10(2) Removing waste for commercial purposes $350 18 2.10(3) Disassembling or leaving in disarray waste deposited for collection $250 19 3.1(a) Failing to provide a sufficient number of receptacles $250

2948 GOVERNMENT GAZETTE, WA 10 December 2024 Item No. Clause No. Description Modified Penalty 20 3.1(b) Failing to keep a receptacle clean and in a good condition and repair $250 21 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a receptacle $350 22 3.1(c)(ii) Failing to prevent the emission of offensive odours from a receptacle $350 23 3.1(c)(iii) Allowing a receptacle to cause a nuisance $350 24 3.1(d) Failing to comply with a direction to clean, disinfect or deodorise receptacle $300 25 3.1(e)(i) Failing to repair or replace a receptacle supplied by the owner or occupier when directed by the local government $250 26 3.1(e)(ii) Failing to notify of a lost, stolen, damaged or defective receptacle where supplied by the local government $100 27 3.2(1) Unauthorised removal of waste from premises $250 28 3.2(2) Removing waste from a receptacle without approval $250 29 3.3(a) Unauthorised depositing of household, commercial or other waste into a receptacle provided for the use of the general public $250 30 3.3(b) Unauthorised removal of waste from a receptacle provided for the use of the general public $250 31 4.3(2) Failing to comply with a sign or direction $500 32 4.3(4) Failing to comply with a direction to leave $500 33 4.4(1) Disposing waste without payment of fee or charge $500 34 4.5(1) Depositing waste contrary to sign or direction $500 35 4.6(1)(a) Removing waste without authority in a waste facility $250 36 4.6(1)(b) Depositing toxic, poisonous or hazardous waste at a waste facility $500 37 4.6(1)(c) Lighting a fire in a waste facility $300 38 4.6(1)(d) Removing or interfering with any flora in a waste facility $300 39 4.6(1)(e) Removing or interfering with any fauna without approval in a waste facility $300 40 4.6(1)(f) Damaging, defacing or destroying any building, equipment, plant or property within a waste facility $500 41 4.6(2) Acting in an abusive or threatening manner $500 42 5.2(1) Offence not elsewhere specified $250 Dated 4 December 2024. The Common Seal of the Shire of Denmark was affixed by authority of a resolution of Council in the presence of— KINGSLEY GIBSON, President. DAVID KING, Chief Executive Officer. Consented to— ALISTAIR JONES, Chief Executive Officer, Department of Water and Environmental Regulation. Dated 28 November 2024.

10 December 2024 GOVERNMENT GAZETTE, WA 2949 MINERALS AND PETROLEUM MP401 DANGEROUS GOODS SAFETY ACT 2004 DANGEROUS GOODS SAFETY (ROAD AND RAIL TRANSPORT OF NON-EXPLOSIVES) REGULATIONS 2007 AUSTRALIAN CODE FOR THE TRANSPORT OF DANGEROUS GOODS BY ROAD & RAIL Notice of Amendment I, Iain Dainty as Chief Dangerous Goods Officer, hereby give notice of amendment to the Australian Code for the Transport of Dangerous Goods by Road & Rail, also called the Australian Dangerous Goods Code, published by the National Transport Commission, and adopted by the Dangerous Goods Safety (General) Regulations 2007 in accordance with subsection 19(2) of the Dangerous Goods Safety Act 2004. Edition 7.9 of the Australian Dangerous Goods Code can be used from 1 October 2024 and is compulsory from 1 October 2025. A copy of Edition 7.9 of the Australian Dangerous Goods Code is available for public inspection at the offices of Worksafe WA of the Department of Energy, Mines, Industry Regulation and Safety at 303 Sevenoaks Street, Cannington WA 6107. It is also available at the website for the National Transport Commission. Dated 5 December 2024. IAIN DAINTY, Chief Dangerous Goods Officer. ——————————— MP402 DANGEROUS GOODS SAFETY (ROAD AND RAIL TRANSPORT OF NON-EXPLOSIVES) REGULATIONS 2007 DANGEROUS GOODS SAFETY (ROAD AND RAIL TRANSPORT OF NON-EXPLOSIVES) DETERMINATION (NO. 1) 2024 This determination is made by the Chief Dangerous Goods Officer under Regulation 19 of the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007. This determination replaces determination (No.2) 2020 that was gazetted on 22 January 2020.

Citation This determination may be cited as Dangerous Goods Safety (Road and Rail Transport of Non- explosives) Determination (No. 1) 2024.
Restrictions on transporting certain loads in road tunnels (1) In this determination— “placarded vehicle” means a road vehicle that is marked, or required to be marked, pursuant to Regulations 110 and 111 of the Dangerous Goods Safety (Road and Rail Transport of Non- explosives) Regulations 2007. “tunnel” means any enclosed road over 120 metres in length in which road vehicles move, whether on private property or not, that is open to, or used by, the public, whether on payment of consideration or not. (2) A person must not drive a placarded vehicle in a tunnel unless all the following conditions are met— (a) written permission has been obtained from the Director General of Main Roads Western Australia; and (b) the tunnel is closed for maintenance and closed to general traffic; and (c) the placarded vehicle is associated with the maintenance activities in the tunnel; and (d) the placarded vehicle is not left unattended in the tunnel; and (e) the placarded vehicle is not filled in the tunnel. (3) A prime contractor transporting dangerous goods in a placarded vehicle must instruct the driver of it to comply with subsection (2) of this determination. (4) The owner of a placarded vehicle must instruct the driver of the vehicle to comply with subsection (2) of this determination. Dated 5 December 2024. IAIN DAINTY, Chief Dangerous Goods Officer.

2950 GOVERNMENT GAZETTE, WA 10 December 2024 PLANNING PL101 CORRECTION PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Derby/West Kimberley Local Planning Scheme No. 9 Ref: TPS/2861 It is hereby notified for public information that the notice under the above local planning scheme amendment, published on page 2829 of the Government Gazette No. 147 dated 5 December 2024, contained errors which will now be corrected by replacing as follows— For the words— SHIRE OF DERBY/WEST KIMBERLEY SCHEME NO. 9 Read— SHIRE OF DERBY/WEST KIMBERLEY LOCAL PLANNING SCHEME NO. 9 Ms SAM BOUCHER, Secretary, Western Australian Planning Commission. SALARIES AND ALLOWANCES TRIBUNAL SA401 SALARIES AND ALLOWANCES ACT 1975 DETERMINATION OF THE SALARIES AND ALLOWANCES TRIBUNAL FOR MEMBERS OF UNIVERSITY GOVERNING COUNCILS PREAMBLE Statutory context (1) In accordance with section 6(1)(ea) of the Salaries and Allowances Act 1975 (the Act), the Salaries and Allowances Tribunal (the Tribunal) is required to inquire into and determine, on an annual basis, the remuneration provided to members of University Governing Councils. These apply only to the four public universities based in Western Australia (namely, Curtin University, Edith Cowan University, Murdoch University and The University of Western Australia). (2) The Tribunal’s last Determination was issued on 21 November 2023. Inquiry (3) The Tribunal has reviewed the operation of the previous Determination and invited submissions from the respective Universities. (4) The Council of Curtin University, Council of Edith Cowan University (ECU) and the Senate of Murdoch University each provided a submission. No submission was received from the University of Western Australia. Conclusion (5) The Tribunal has determined to increase remuneration by 4% across all categories. This increase is consistent with the decisions made by the Tribunal across its other jurisdictions in 2024. (6) The Tribunal has also supported the requests by the Council of ECU and the Senate of Murdoch University to establish and maintain parity respectively with the rates provided to Curtin University. (7) The Tribunal has re-affirmed its decision from past determinations not to support the Council of ECU’s request for equivalent remuneration for student and non-student members. Currently ECU remunerates student members at half of the non-student member rate. The Tribunal maintains the view that non-student members of the Council are remunerated for the greater depth of skills and external experience they bring to the Council, whereas it is unlikely that student members will have an equivalent depth of capacity in these areas. Accordingly, the Tribunal has determined to maintain the 50% difference in remuneration between student and non-student members of the Council of ECU. (8) To ensure parity, the Tribunal has decided to increase the student remuneration rates for Curtin and Murdoch Universities from 33% to 50% of the equivalent non-student rate.

10 December 2024 GOVERNMENT GAZETTE, WA 2951 (9) The Tribunal has also removed clauses from the determination relating to the requirement that members must make an annual application to the respective governing council to receive the remuneration determined. Members should now receive their determined remuneration automatically without the administrative requirement to apply for the remuneration. (10) The Tribunal acknowledges that, while it has the power to determine the remuneration for University Governing Council members, any remuneration must be met from within University existing budgets and must be for the fulfilment of University strategic objectives. (11) By necessity, any remuneration determined is done in consultation with each University. The Tribunal will continue to liaise with the sector to ensure the fee structure remains relevant for each University. The Determination will now issue. ———— DETERMINATION PART 1—INTRODUCTORY MATTERS This Part deals with some matters that are relevant to the Determination generally. 1.1 Short Title This Determination may be cited as the University Governing Board Members No. 1 of 2024. 1.2 Commencement This Determination comes into operation on and from 1 January 2025. 1.3 Content and intent Pursuant to section 6(1)(ea) the Salaries and Allowances Act 1975 (‘the Act’) this Determination provides for the salary, allowances and other benefits to be paid, provided or reimbursed to a person holding any of the following offices— (a) Member of the Council of Curtin University; (b) Member of the Kalgoorlie Campus Council of Curtin University; (c) Member of the Council of Edith Cowan University; (d) Member of the ECU South West Campus (Bunbury) Advisory Board; (e) Member of the Advisory Board of the Western Australian Academy of Performing Arts (ECU); (f) Member of the Senate of Murdoch University; or (g) Member of the Senate of the University of Western Australia. This Determination fulfils the Tribunal’s obligations under section 8 of the Act with respect to offices identified in section 6(1)(ea). 1.4 References to Dates In this Determination, a reference to “a year” or “per annum” relates to a calendar year. Where benefits or entitlements are provided with specific reference to “a year” or “per annum”, these cease on and from 31 December each year and, unless otherwise specified in this Determination, no unexpended amount can be carried over to later years. 1.5 Pro rata payments The amount of a person’s entitlement to remuneration specified in this Determination shall be apportioned on a pro rata basis according to the portion of a year that the person holds office. 1.6 Terms used In this Determination, unless the contrary intention appears— Committee Chairperson means Chairperson of a designated committee of a University Governing Council. Committee Member means a Member of a designated committee of a University Governing Council. Remuneration means salary, allowances, fees, emoluments and benefits (whether in money or not). Tribunal means the Salaries and Allowances Tribunal. PART 2—REMUNERATION This Part deals with the remuneration payable to Governing Council members. 2.1 Eligibility Criteria Members are ineligible to receive any remuneration fees if they are— (a) On the public payroll, including all current full time State, Commonwealth and Local Government employees, including Western Australian statutory authorities; (b) Members of Parliament; (c) Current and retired judicial officers;

2952 GOVERNMENT GAZETTE, WA 10 December 2024 (d) A former Member of Parliament and less than 12 months has passed since they ceased to be a Member of Parliament. Part time employees of State, Commonwealth and Local Government public services, including Western Australian statutory authorities are eligible for remuneration fees only if the member can clearly demonstrate that the work of the Governing Council will happen in their own time. University Governing Councils may create Committees from within the membership of the Council, such as Audit and Compliance Committees, that are eligible for remuneration at the Committee Chairperson/Member rates described in Part 2.2. In doing so the Governing Council must— (a) Designate each Committee as being eligible for remuneration at the higher level through the policies and procedures of the University; and (b) Ensure that each Committee has sufficient scope and workload to justify the higher level of remuneration. 2.2 Remuneration Members of certain University Governing Councils are eligible to receive remuneration fees specified in the Table below, subject to the eligibility criteria in Part 2.1. Each member is entitled to the remuneration applicable to one category only, the remuneration levels are not cumulative. If an eligible member has entered into an arrangement with an employer which provides that the remuneration payments are to be paid to the employer as part of the member’s conditions of employment, payment will be made to the employer. Remuneration payments will be subject to PAYG tax under Australian Taxation Office legislation. Employer superannuation guarantee contributions, levies and payroll tax are additional to the amounts shown below and will be payable by the University. TABLE 1: Annual remuneration for University Governing Councils members Chancellor Pro Chancellor Committee Chairperson Committee Member Committee Member (student) Council Member (non-student) Council Member (student) Council of Curtin University $87,360 $43,680 $38,220 $21,840 $10,920 $16,380 $8,190 Senate of Murdoch University $87,360 $43,680 $38,220 $21,840 $10,920 $16,380 $8,190 Council of ECU $87,360 $43,680 $38,220 $21,840 $10,920 $16,380 $8,190 Senate of UWA $0 $0 $0 $0 $0 $0 $0 Kalgoorlie Campus Council of Curtin University $0 $0 $0 $0 $0 $0 $0 ECU South West Campus Advisory Board $0 $0 $0 $0 $0 $0 $0 Advisory Board of the Western Australian Academy of Performing Arts (ECU) $0 $0 $0 $0 $0 $0 $0 PART 3—EXPENSES This Part deals with the reimbursement of reasonable out of pocket expenses incurred in carrying out approved duties of the office. 3.1 General All members of a Governing Council may, upon application to the University, be reimbursed for reasonable out of pocket expenses for which they are not otherwise reimbursed. The expenses must have been incurred while performing Council-approved duties. Reimbursements should not be used so that a member receives any personal benefit from the reimbursement. Each University should develop guidelines on what is considered an approved expense. Any reimbursements must be approved by the Council or by an appropriate approving authority of the University. All claims for reimbursement must be supported by documentation such as receipts.

10 December 2024 GOVERNMENT GAZETTE, WA 2953 3.2 Reimbursement of Expenses Travel expenses to and from approved University events may be claimed, subject to the approval of the Governing Council, and shall not exceed the rates outlined in the reimbursement of travel expenses, located on the Public Sector Commission website under “Remuneration of Government Boards and Committees”. A University may approve professional development expenses for members to be covered/reimbursed subject to the approval of the University Governing Council. Any other reasonable out of pocket expenses may be approved subject to the relevant approvals of the University Governing Council. Signed on 21 November 2024. E Prof M. SEARES AO Hon. J. DAY Dr M. SCHAPER Chair Member Member Salaries and Allowances Tribunal ——————————— SA402 SALARIES AND ALLOWANCES ACT 1975 DETERMINATION VARIATION PREAMBLE The Salaries and Allowances Tribunal has issued a determination to reflect changes in relation to the following offices in the Special Division of the WA Public Service and Prescribed Offices— • Managing Director Metronet, Department of Transport; and • Senior Consultant State Prosecutor, Office of the Director of Public Prosecutions DETERMINATION VARIATION 1 (effective on and from 24 October 2024) The Determination of the Salaries and Allowances Tribunal made on 21 June 2024 under sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time, is hereby varied by a determination set out below, with effect on and from 24 October 2024. Delete the reference to the office below, as it appears in ‘Table 3: Special Division Non-CEOs’ within Part 1 of the First Schedule, and insert the following— Office Department or Agency Band Office Holder Salary Managing Director Metronet Transport 2 A Vincent $339,333 VARIATION 2 (effective on and from 05 November 2024) The Determination of the Salaries and Allowances Tribunal made on 21 June 2024 under sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time, is hereby varied by a determination set out below, with effect on and from 05 November 2024. Insert the following into ‘Table 12: Remuneration and Offices’ within Part 1 of the Second Schedule— Office Department or Agency Band Office Holder Salary Senior Consultant State Prosecutor Office of the Director of Public Prosecutions 3 B Stanwix SC $377,918*

includes $10,000 premium in recognition of appointment as Senior Counsel. Signed on 25 November 2024. E Prof M. SEARES AO Hon. J. DAY Dr M. SCHAPER Chair Member Member Salaries and Allowances Tribunal

2954 GOVERNMENT GAZETTE, WA 10 December 2024 PUBLIC NOTICES ZZ401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants David Anderson, late of 8 Morris Court, Gosnells, Western Australia, Scheduler, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the deceased who died on 31 May 2024 are required by the Administrator Isabella Farr of care of Curae Law, Level 3, 16 Irwin Street, Perth WA 6000 to send particulars of their claims to her by the date being one month from the date of publication of this notice after which date the administrator may convey or distribute the assets having regard only to the claims of which she then has notice. ———————————

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