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.
Citation
This order is the Prohibition on Fishing (West Coast Demersal Gillnet and Demersal Longline Interim
Managed Fishery) Revocation Order 2023.
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.
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.
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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.
Citation
This instrument is the West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery
Management Plan Amendment 2023.
Management plan amended
The amendments in this instrument are to the West Coast Demersal Gillnet and Demersal Longline
Interim Managed Fishery Management Plan 1997.
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.
Clause 3 deleted
Delete clause 3.
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.
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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.
Citation
This local law is cited as the Shire of Ashburton Extractive Industries Repeal Local Law 2023.
Commencement
This local law comes into operation 14 days after its publication in the Government Gazette.
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
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.
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—
Rezoning Lot 7876 Terry Road, Boyup Brook from the 'Rural' zone to the 'Rural Small Holdings'
zone.
Inserting 'and Lot 7876 Terry Road' into Schedule 3—Rural Small Holdings Zones after 'Road'
for Rural Small Holdings Zone 2 (RSH2).
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.
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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.
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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.