Shire of Ashburton Extractive Industries Repeal Local Law 2023

1087 ISSN 2204-4264 (online) PERTH, TUESDAY, 16 MAY 2023 No. 57 PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CONTENTS PART 1 Nil ——— PART 2 Page Fisheries ............................................................................................................................................. 1089 Lands .................................................................................................................................................. 1091 Local Government .............................................................................................................................. 1091 Planning ............................................................................................................................................. 1094 Premier and Cabinet ......................................................................................................................... 1095 Public Notices..................................................................................................................................... 1095

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16 May 2023 GOVERNMENT GAZETTE, WA 1089 — PART 2 — FISHERIES FI401 FISH RESOURCES MANAGEMENT ACT 1994 PROHIBITION ON FISHING (WEST COAST DEMERSAL GILLNET AND DEMERSAL LONGLINE INTERIM MANAGED FISHERY) REVOCATION ORDER 2023 Order No. 3 of 2023 [A4444] Made by the Minister under section 43.

1. Citation This order is the Prohibition on Fishing (West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery) Revocation Order 2023.
2. Commencement This amendment comes into operation as follows— (a) clauses 1 and 2—on the day on which the amendment is published in the Gazette; (b) the rest of the clauses—on the day after that day.
3. Order revoked The Prohibition on Fishing (West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery) Order 2018 is revoked. Dated 10th of May 2023. Hon. DON PUNCH, MLA, Minister for Fisheries. ——————————— FI402 FISH RESOURCES MANAGEMENT ACT 1994 WEST COAST DEMERSAL GILLNET AND DEMERSAL LONGLINE INTERIM MANAGED FISHERY MANAGEMENT PLAN AMENDMENT 2023 [A4444] Made by the Minister under section 54.
4. Citation This instrument is the West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery Management Plan Amendment 2023.
5. Management plan amended The amendments in this instrument are to the West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery Management Plan 1997.
6. Commencement These amendments come into operation as follows— (a) clauses 1 and 2—on the day on which these amendments are published in the Gazette; (b) the rest of the clauses—on the day after that day.
7. Clause 3 deleted Delete clause 3.
8. Clause 26B inserted After clause 26A insert— Areas permanently closed to fishing by demersal gillnet 26B. A person must not fish by means of demersal gillnet in the waters described in Schedule 9.

1090 GOVERNMENT GAZETTE, WA 16 May 2023 6. Clause 27 replaced Delete clause 27 and insert— Offences 27. A person who contravenes a provision of clause 9, 10, 10A, 11, 12, 12A, 13, 17, 19B, 25, 25A, 25B, 26, 26A or 26B commits an offence. 7. Schedule 9 inserted After Schedule 8 insert— Schedule 9 Closed waters (demersal gillnet) Area A All Western Australian waters bounded by a line commencing at the intersection of 28° 27.244′ south latitude and 113° 45.396′ east longitude; thence extending easterly along the geodesic to the intersection of 28° 27.099′ south latitude and 113° 53.401′ east longitude; thence extending south- easterly along the geodesic to the intersection of 28° 30.547′ south latitude and 114° 00.339′ east longitude; thence extending south-easterly along the geodesic to the intersection of 28° 36.685′ south latitude and 114° 04.362′ east longitude; thence extending south-easterly along the geodesic to the intersection of 28° 39.70′ south latitude and 114° 10.20′ east longitude; thence extending south-easterly along the geodesic to the intersection of 28° 44.534′ south latitude and 114° 14.933′ east longitude; thence extending southerly along the geodesic to the intersection of 28° 52.435′ south latitude and 114° 17.841′ east longitude; thence extending southerly along the geodesic to the intersection of 29° 00.884′ south latitude and 114° 16.459′ east longitude; thence extending south- westerly along the geodesic to the intersection of 29° 07.847′ south latitude and 114° 10.998′ east longitude; thence extending south-westerly along the geodesic to the intersection of 29° 11.899′ south latitude and 114° 02.827′ east longitude; thence extending westerly along the geodesic to the intersection of 29° 12.404′ south latitude and 113° 53.127′ east longitude; thence extending westerly along the geodesic to the intersection of 29° 09.384′ south latitude and 113° 44.732′ east longitude; thence extending north-westerly along the geodesic to the intersection of 29° 03.526′ south latitude and 113° 38.526′ east longitude; thence extending northerly along the geodesic to the intersection of 28° 55.646′ south latitude and 113° 35.675′ east longitude; thence extending northerly along the geodesic to the intersection of 28° 47.393′ south latitude and 113° 37.013′ east longitude; thence extending north-westerly along the geodesic to the intersection of 28° 44.247′ south latitude and 113° 35.293′ east longitude; thence extending northerly along the geodesic to the intersection of 28° 37.202′ south latitude and 113° 34.893′ east longitude; thence extending north-easterly along the geodesic to the intersection of 28° 30.956′ south latitude and 113° 38.607′ east longitude; thence extending north-easterly along the geodesic to the commencement point. Area B All Western Australian waters bounded by a line commencing at the intersection of 29° 38.597′ south latitude and 114° 58.409′ east longitude (on the mainland); thence extending westerly along the geodesic to the intersection of 29° 37.398′ south latitude and 114° 51.235′ east longitude; thence extending westerly along the geodesic to the intersection of 29° 39.983′ south latitude and 114° 44.352′ east longitude; thence extending south-westerly along the geodesic to the intersection of 29° 45.504′ south latitude and 114° 40.302′ east longitude; thence extending southerly along the geodesic to the intersection of 29° 52.074′ south latitude and 114° 40.517′ east longitude; thence extending south-easterly along the geodesic to the intersection of 29° 57.358′ south latitude and 114° 44.885′ east longitude; thence extending south-easterly along the geodesic to the intersection of 29° 58.883′ south latitude and 114° 48.025′ east longitude; thence extending south-westerly along the geodesic to the intersection of 30° 04.528′ south latitude and 114° 43.794′ east longitude; thence extending southerly along the geodesic to the intersection of 30° 11.166′ south latitude and 114° 43.831′ east longitude; thence extending south-easterly along the geodesic to the intersection of 30° 16.682′ south latitude and 114° 48.014′ east longitude; thence extending easterly along the geodesic to the intersection of 30° 19.348′ south latitude and 114° 55.17′ east longitude; thence extending easterly along the geodesic to the intersection of 30° 18.205′ south latitude and 115° 02.597′ east longitude (on the mainland); thence generally northerly along the high water mark to the commencement point. Area C All Western Australian waters bounded by a line commencing at the intersection of 30° 30.347′ south latitude and 115° 04.618′ east longitude (on the mainland); thence extending westerly along the geodesic to the intersection of 30° 31.597′ south latitude and 115° 00.329′ east longitude; thence extending south-westerly along the geodesic to the intersection of 30° 35.709′ south latitude and 114° 56.617′ east longitude; thence extending southerly along the geodesic to the intersection of 30° 40.592′ south latitude and 114° 55.932′ east longitude; thence extending southerly along the geodesic to the intersection of 30° 45.16′ south latitude and 114° 58.016′ east longitude; thence extending south-easterly along the geodesic to the intersection of 30° 48.101′ south latitude and 115° 02.328′ east longitude; thence extending easterly along the geodesic to the intersection of 30° 48.958′ south latitude and 115° 08.21′ east longitude; thence extending easterly along the geodesic to the intersection of 30° 47.759′ south latitude and 115° 11.979′ east longitude (on the mainland); thence generally northerly along the high water mark to the commencement point. Dated 10th of May 2023. Hon. DON PUNCH, MLA, Minister for Fisheries.

16 May 2023 GOVERNMENT GAZETTE, WA 1091 LANDS LA401 TRANSFER OF LAND ACT 1893 APPLICATION O801703 Take notice that Jocelyn Mary Barrie has made application to be registered under the Act as proprietor of an estate in fee simple in possession in the land situated at 14 Festing Street Albany in all of that land being Albany Building Lot 173 containing 2689 square metres being the whole of the Land comprised in Memorial Book XXVII No. 644. All Persons other than the applicant claiming any estate right title or interest in the above land and desiring to object to the application are required to lodge with Landgate on or before 8 June 2023 a caveat forbidding the land being brought under the operation of the Act. BRUCE ROBERTS, Registrar of Titles. LOCAL GOVERNMENT LG401 LOCAL GOVERNMENT ACT 1995 Shire of Manjimup BASIS OF RATES I, Tim Fraser, being delegated by the Minister of the Crown to whom the administration of the Local Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act, hereby, and with effect from 1 July 2023, determined that the method of valuation to be used by the Shire of Manjimup as the basis for a rate in respect of the land referred to in the Schedule is to be the gross rental value of the land; Schedule Designated Land UV to GRV All those portions of land being Lots 103 to 119 inclusive and Lot 121 as shown on Deposited Plan 419726 and Lots 123 to 127 inclusive as shown on Deposited Plan 419757. TIM FRASER, Executive Director Local Government, Department of Local Government, Sport and Cultural Industries. ——————————— LG402 BUSH FIRES ACT 1954 City of Kalamunda FIRE HAZARD REDUCTION NOTICE 2023/2024 First and Final Notice Compliance Due by: 1 November 2023 Important: The works outlined within must be completed by 1 November 2023 and maintained in this state up to and including 31 March 2024. Notice to all owners and occupiers of land within the City of Kalamunda Pursuant to Section 33 of the Bush Fires Act 1954 (WA), the City of Kalamunda (City) gives written notice to act as specified in this notice to land that you own and/or occupy and with respect to any matter which is upon the land that you own and/or occupy within the City. Failure or neglect to comply with this notice is an offence and can result in a penalty of up to $5000. The City's Fire Hazard Inspectors are authorised under the Bush Fires Act 1954 (WA) (Act) and have powers to enter land pursuant to Section 14 of the Act. The City advises that its officers, servants, workmen, contractors, vehicles, machinery, and appliances (as the officers deem fit) may carry out the requisitions of this notice that are not complied with by 1 November 2023, and any costs and expenses incurred may be recovered from you as the owner and/or occupier of the land. Fire Break— A strip of land free of all flammable and combustible material with the intention of preventing the outbreak of a bush fire and provides a visible safe access on the property for emergency vehicles and other firefighting operations. It is acceptable to install a firebreak around naturally occurring obstacles. Fire breaks may be constructed by one or more of the following methods: ploughing, cultivating, scarifying, racking, chemical spraying, or another method as approved by an Authorised Officer.

1092 GOVERNMENT GAZETTE, WA 16 May 2023 • Clearance must be no less than 3-metres wide and 4-metres in height inside and along all boundaries (including boundaries adjacent to roads, rail and drain reserves and all public open space reserves). • Must not be more than 4-metres wide (further width extensions may be considered upon written application for approval to the City). Maintained, reticulated living lawns are lawns considered to be kept completely green. Driveways may be acceptable in conjunction with, or in lieu of, fire breaks. Contact a City Fire Officer for further assistance. • Must have a corner turning radius of up to 10 metres. • Must be a continuous trafficable surface for a 4WD vehicle, be clear of any obstructions and must not terminate in a cul-de-sac (dead end). Fuel Load— Can be live and dead vegetation that accumulates over time. This Notice refers only to dead vegetation. Fine fuels include = leaf litter, grasses, weeds, twigs (up to 6mm diameter), bark etc. Heavy (course) fuels include = branches, logs, stumps etc. A fuel load depth of 15mm (fine fuels) to the mineral earth is indicative of approximately 8 tonne per hectare. The more fuel load, the higher the flame height and increased fire intensity. Mulch piles, stored firewood and burn piles can contribute to fuel loading on land and must be stored safely away from assets, removed from the property, or actioned as directed by a Fire Officer. Additional Works You may be required to carry out further bushfire property preparedness works on your land to reduce any fire hazards considered necessary by a Fire Control Officer If required, these will be outlined in a 'work order' and sent to the address of the owner and/or occupier. Emergency Management Plans and City Approved Treatment Plans All properties and/or land subject to a Bushfire Management Plan, Emergency Management Plan, or an approved Bushfire Attack Level assessment (BAL), as a result of subdivision, development application or a City approved treatment plan, must comply with the listed requirements in their entirety. Compliance with any additional plans does not constitute compliance with this Notice. Environmental and Heritage Conditions Any property subject to environmental and heritage value such as, but not limited to, Threatened Ecological Communities (TEC), Bush Forever sites, Declared Rare Flora, and Fauna (DRF) sites and Aboriginal Heritage sites, etc should seek further information about what can or cannot be done prior to carrying out requirements under this Notice. Low Threat Minimal Fuel Vegetation Minimal fuel condition means there is insufficient fuel available to significantly increase the severity of the bushfire attack. Low threat vegetation includes grassland managed in a minimal fuel condition, maintained lawns, golf courses, maintained public reserves and parklands, vineyards, orchards, cultivated gardens, commercial nurseries, nature strips and windbreaks. Properties of these description will still be assessed under this Notice and can apply for a variation. Fire Management Requirements for all Land with a Total Area of 5000m2 or more Fire Breaks Fire Breaks are to be installed or upgraded to— • 3-metre-wide, • 4-metre-high clearance, • Continuous (no dead ends) and trafficable • As close to as possible directly inside the entire perimeter of the land. Maintained, reticulated living lawns that are kept completely green is acceptable in conjunction with, or in lieu of a fire break/s (see definition FIRE BREAK). Dead Flammable Material (DFM) Reduce and/or maintain all dead flammable material below 8 tonne per hectare (see definition FUEL LOAD). Slashing • If the land is an area above 5000m2 and less than 50,000m2 slash mow or trim unmanaged grasses or dead grasses/weeds and dead shrubs and plants to a height of 50mm. This is additional to Firebreak requirements. • If the land is an area of 50,000m2 (5 hectares) or greater the grass must be maintained on the land to a height no greater than 50mm for a distance of 10 meters from any firebreak. Asset Protection Zone (APZ) Maintain a fuel reduced zone around all buildings or assets which extends 20 metres from the outermost point of the building or asset. • Gutters, roofs, and walls of all buildings to be free of flammable matter and maintained. • Fuel load within the 20-metre zone is reduced and maintained to no more than 2 tonne per hectare.

16 May 2023 GOVERNMENT GAZETTE, WA 1093 • Trees over 5 metres in height within the 20-metre zone to be under pruned up to 2 metres. • Trees or shrubs within 2 metres of the asset shall be pruned to a height no greater than 2 metres and/or pruned away from the asset to a distance no greater than 2 metres. Fire Management Requirements for all Land with a Total Area less than 5000m2 Dead Flammable Material (DFM) Reduce and/or maintain all dead flammable material below 8 tonne per hectare (see definition FUEL LOAD). Slashing Slash, mow, or trim unmanaged grasses or dead grasses/weeds, dead shrubs, and dead plants to a height no greater than 50mm. Clean Gutter Debris Gutters, roofs, and walls of all buildings to be free of flammable matter and maintained. Asset Protection Zone (APZ) Maintain a fuel reduced zone around all buildings or assets which extends 20 metres from the outermost point of the building or asset. • Gutters, roofs, and walls of all buildings to be free of flammable matter and maintained. • Fuel load within the 20-metre zone is reduced and maintained to no more than 2 tonne per hectare. • Trees over 5 metres in height within the 20-metre zone to be under pruned up to 2 metres. • Trees or shrubs within 2 metres of the asset shall be pruned to a height no greater than 2 metres and/or pruned away from the asset to a distance no greater than 2 metres. Variation to the Fire Hazard Reduction Notice If you consider it impractical to meet a requirement/s of this Notice, you may apply to the City for a variation no later than 1 October 2023. Note: A variation is not an exemption but an application to employ alternative methods of property preparedness to land that you own and/or occupy. An administration fee of $150 applies for all applications received after 1 October 2023. If your application is not granted you must comply with all requirements outlined in the Fire Hazard Reduction Notice 2023/2024. Variation request application forms are available before 1 October 2023 on the City's website at: www.kalamunda.wa.gov.au/fire If you require any further information, please contact the City of Kalamunda Community Safety team on (08) 9257 9999, email at enquiries@kalamunda.wa.gov.au or visit www.kalamunda.wa.gov.au/fire GARY TICEHURST, A/Chief Executive Officer. ——————————— LG403 LOCAL GOVERNMENT ACT 1995 Shire of Ashburton EXTRACTIVE INDUSTRIES REPEAL LOCAL LAW 2023 Under the powers conferred by the Local Government Act 1995, and all other powers enabling it, the Council of the Shire of Ashburton resolved on 9 May 2023 to make the following local law.

1. Citation This local law is cited as the Shire of Ashburton Extractive Industries Repeal Local Law 2023.
2. Commencement This local law comes into operation 14 days after its publication in the Government Gazette.
3. Extractive Industries Local Law repealed The Shire of Ashburton Extractive Industries Local Law 2013 published in the Government Gazette on 8 March 2013 is repealed. Dated 11 May 2023. The Common Seal of the Shire of Ashburton was affixed by authority of a resolution of the Council in the presence of– K. WHITE, Shire President. K. DONOHOE, Chief Executive Officer.

1094 GOVERNMENT GAZETTE, WA 16 May 2023 PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 NOTICE OF AMENDMENT TO INSTRUMENT OF DELEGATION—POWERS OF OFFICERS Notice of amendment to the Instrument of Delegation 2018/01 Delegation to officers of certain powers and functions of the Western Australian Planning Commission as gazetted on 3 October 2018 (and as amended)(Government Gazette No.150). Preamble Under section 16 of the Planning and Development Act 2005 (the Act) the Western Australian Planning Commission (the WAPC) may, by resolution published in the Government Gazette, delegate any function to a member, committee or officer of the WAPC or to a public authority or a member or officer of a public authority. In accordance with section 16(4) of the Act, a reference in this instrument to a function or a power of the WAPC includes and extends to, without limitation or restriction, any of the powers, privileges, authorities, discretions, duties and responsibilities vested in or conferred upon the WAPC by the Act or any other written law as the case requires. Resolution under s16 of the Act (delegation) On 29 June 2022, pursuant to section 16 of the Act, the WAPC RESOLVED— A. TO AMEND the Instrument of Delegation 2018/01 Delegation to officers of certain powers and functions of the Western Australian Planning Commission as gazetted on 3 October 2018 (and as amended), as set out in Schedule 1 below. SAM FAGAN, Secretary, Western Australian Planning Commission. ———— Schedule 1

1. Instrument of delegation amended The amendments within this Schedule are to the Schedules set out in the Instrument of Delegation 2018/01 Delegation to officers of certain powers and functions of the Western Australian Planning Commission as gazetted on 3 October 2018, and as consolidated on 16 December 2022.
2. Amendment to Schedule 9—Miscellaneous powers The following rows are inserted into Schedule 9 after item 9.26: 9.27 Power to amend the manner and form by which any— a. documents are provided to the WAPC; b. maps are prepared; c. submissions are made; d. notices are published; and e. reports are made; under the Planning and Development Act

• Chairperson of the WAPC • Director General Limited to amendments of an administrative nature. ——————————— PL402 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Boyup Brook Local Planning Scheme No. 2—Amendment No. 23 Ref: TPS/2918 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 Boyup Brook Local Planning Scheme amendment on 2 May 2023 for the purpose of—

1. Rezoning Lot 7876 Terry Road, Boyup Brook from the 'Rural' zone to the 'Rural Small Holdings' zone.
2. Inserting 'and Lot 7876 Terry Road' into Schedule 3—Rural Small Holdings Zones after 'Road' for Rural Small Holdings Zone 2 (RSH2).
3. Amending the Scheme Map accordingly. G. AIRD, President. C. SMITH, Chief Executive Officer.

16 May 2023 GOVERNMENT GAZETTE, WA 1095 PREMIER AND CABINET PR401 INTERPRETATION ACT 1984 MINISTERIAL ACTING ARRANGEMENTS It is hereby notified for public information that the Governor, in accordance with section 12(c) of the Interpretation Act 1984, has approved the following temporary appointments in the office of Minister for Finance; Commerce; Women's Interests in the absence of the Hon S. M. Ellery MLC— • Hon S. N. Dawson MLC, for the period 1 to 3 July 2023 inclusive; and • Hon R. Saffioti MLA, for the period 4 to 22 July 2023 inclusive; and • Hon S. N. Dawson MLC, for the period 23 to 24 July 2023 inclusive. This notice supersedes acting arrangements relating to the above office that were published in Government Gazette No. 23 of 24 February 2023. E. ROPER, Director General, Department of the Premier and Cabinet. PUBLIC NOTICES ZZ401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Stanley Edward Willis, late of 59/44 Rome Road, Myaree, Western Australia, Company Director, 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 29 December 2015 are required by the Executor Sandra Ann Wilton of care of Birman & Ride, 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 executor may convey or distribute the assets having regard only to the claims of which she then has notice. ——————————— ZZ402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants John Stanley Willis, late of 11 Mallee Close, Jurien Bay, Western Australia, Business Owner, 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 20 June 2022 are required by the Administrator Sandra Ann Wilton of care of Birman & Ride, 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. ——————————— ZZ403 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Estate of the late Desmond Joseph O'Hart (also known as Desmond Joseph Hart), 5 Jillara Court, Lesmurdie, in the State of Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect of the estate of the above-named deceased who died on 26 November 2022 are required to send particulars of their claims to the Executors, care of RSM (see address below) within one (1) month of the date of publication of this notice after which date the Executors may convey or distribute the assets having regard only to claims of which notice has been given. c/- ANDREW MARSHALL, RSM, GPO Box R1253, Perth WA 6844. Telephone: (08) 9261 9393. Contact: Andrew Marshall.