Shire of Augusta Margaret River Cat Local Law 2023

575 ISSN 2204-4264 (online) PERTH, FRIDAY, 24 MARCH 2023 No. 34 PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CONTENTS PART 1 Page Civil Procedure (Representative Proceedings) Act 2022 Commencement Proclamation 2023 ...... 577 Mental Health Amendment Regulations 2023 ................................................................................. 578 Work Health and Safety Regulations Amendment Regulations 2023 ............................................ 579 ——— PART 2 Consumer Protection ......................................................................................................................... 582 Energy ................................................................................................................................................ 583 Fire and Emergency Services ............................................................................................................ 583 Justice ................................................................................................................................................ 584 Local Government .............................................................................................................................. 584 Minerals and Petroleum .................................................................................................................... 593 Planning ............................................................................................................................................. 597 Premier and Cabinet ......................................................................................................................... 599 Public Notices..................................................................................................................................... 600

IMPORTANT COPYRIGHT NOTICE © State of Western Australia This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from the Attorney General for Western Australia. Enquiries in the first instance should be directed to the Government Printer, Parliamentary Counsel’s Office, publications@pco.wa.gov.au. Note: A Creative Commons Attribution 4.0 International Licence (CC BY 4.0) applies with respect to material on the WA Legislation Website (with certain exceptions), and to copies of Acts, and reprints of Acts and subsidiary legislation, printed by the Government Printer. To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. PUBLISHING DETAILS The Western Australian Government Gazette is published by the Government Printer for the State of Western Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or unforeseen circumstances. Special Government Gazettes containing notices of an urgent or particular nature are published periodically. The following guidelines should be followed to ensure publication in the Government Gazette— • Material submitted to the Executive Council prior to gazettal will require a copy of the signed Executive Council Minute Paper. • Copy must be lodged with the Publications Officer, Department of the Premier and Cabinet no later than 12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)— Email address: gazette@dpc.wa.gov.au • Enquiries regarding publication of notices can be directed to the Publications Officer on (08) 6552 6012. • Enquiries regarding payment of notices can be directed to (08) 6552 6000 or sales@dpc.wa.gov.au • Lengthy or complicated notices should be forwarded early to allow for preparation. Failure to observe this request could result in the notice being held over. After lodging any notices, confirmation is not required by post. If original copy is forwarded later and published, the cost will be borne by the advertiser. GOVERNMENT GAZETTE PUBLISHING DETAILS FOR EASTER AND ANZAC DAY 2023 A gazette will be published on Thursday 6th April and closing time for copy is Wednesday 5th April at noon. A gazette will be published on Friday 14th April and closing time for copy is Wednesday 12th April at noon. The Gazette will not be published on Tuesday 11th April or on Tuesday 25th April

24 March 2023 GOVERNMENT GAZETTE, WA 577 — PART 1 — PROCLAMATIONS AA101 Civil Procedure (Representative Proceedings) Act 2022 Civil Procedure (Representative Proceedings) Act 2022 Commencement Proclamation 2023 SL 2023/21 Made under the Civil Procedure (Representative Proceedings) Act 2022 section 2(b) by the deputy of the Governor in Executive Council.

1. Citation This proclamation is the Civil Procedure (Representative Proceedings) Act 2022 Commencement Proclamation 2023.
2. Commencement The Civil Procedure (Representative Proceedings) Act 2022, other than Part 1, comes into operation on 25 March 2023. K. MARTIN, deputy of the Governor. L.S. J. QUIGLEY, Attorney General. Note: This proclamation brings into operation the remainder of the Civil Procedure (Representative Proceedings) Act 2022.

578 GOVERNMENT GAZETTE, WA 24 March 2023 HEALTH HE301 Mental Health Act 2014 Mental Health Amendment Regulations 2023 SL 2023/23 Made by the deputy of the Governor in Executive Council.

1. Citation These regulations are the Mental Health Amendment Regulations 2023.
2. Commencement These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.
3. Regulations amended These regulations amend the Mental Health Regulations 2015.
4. Regulation 4A amended In regulation 4A(3) delete the Table and insert: Table Name Registration number Ali Morshed Aski MED0001667589 Ramesh Babu Atikum MED0002570269 Thomas Blacklay Mole MED0002210280 Panduranga Mallikarjun Rapuri MED0002580284 Madhavan Seshadri MED0002651207 Hisham Ziauddeen MED0002660515 B. D'SA, Clerk of the Executive Council.

24 March 2023 GOVERNMENT GAZETTE, WA 579 INDUSTRIAL RELATIONS IR301 Work Health and Safety Act 2020 Work Health and Safety Regulations Amendment Regulations 2023 SL 2023/22 Made by the deputy of the Governor in Executive Council. Part 1 — Preliminary

1. Citation These regulations are the Work Health and Safety Regulations Amendment Regulations 2023.
2. Commencement These regulations come into operation as follows — (a) Part 1 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on 31 March 2023. Part 2 — Work Health and Safety (General) Regulations 2022 amended
3. Regulations amended This Part amends the Work Health and Safety (General) Regulations 2022.
4. Regulation 2 amended In regulation 2: (a) in paragraph (b) delete “regulation 58 — ” and insert: regulations 58, 460(1), 473(2A) and 475(2A) — (b) in paragraph (c) delete “460(1), 473(2A), 475(2A),”.

580 GOVERNMENT GAZETTE, WA 24 March 2023 5. Regulation 722 amended In regulation 722 delete “longer transitional period,” and insert: period of 3 years beginning on commencement day, 6. Regulation 723 amended In regulation 723 delete “shorter” and insert: longer 7. Regulation 724 amended In regulation 724 delete “shorter” and insert: longer 8. Regulation 725 amended In regulation 725 delete “longer transitional period,” and insert: period of 3 years beginning on commencement day, Part 3 — Work Health and Safety (Mines) Regulations 2022 amended 9. Regulations amended This Part amends the Work Health and Safety (Mines) Regulations 2022. 10. Regulation 2 amended In regulation 2: (a) in paragraph (b) delete “regulation 58 — ” and insert: regulations 58, 460(1), 473(2A) and 475(2A) — (b) in paragraph (c) delete “460(1), 473(2A), 475(2A),”. 11. Regulation 711 amended In regulation 711 delete “shorter” and insert: longer

24 March 2023 GOVERNMENT GAZETTE, WA 581 12. Regulation 712 amended In regulation 712 delete “shorter” and insert: longer 13. Regulation 713 amended In regulation 713 delete “longer transitional period,” and insert: period of 3 years beginning on commencement day, B. D'SA, Clerk of the Executive Council. ———————————

582 GOVERNMENT GAZETTE, WA 24 March 2023 — PART 2 — CONSUMER PROTECTION CP401 RETAIL TRADING HOURS ACT 1987 RETAIL TRADING HOURS (SHIRE OF KATANNING) PUBLIC HOLIDAY VARIATION ORDER 2023 Made by the Minister for Commerce under section 12E of the Act.

1. Citation This order is the Retail Trading Hours (Shire of Katanning) Public Holiday Variation Order 2023.
2. Commencement This order comes into operation as follows— (a) clauses 1 and 2—on the day on which this order is published in the Gazette; (b) the rest of the order—on the day after that day.
3. Variation of retail trading hours General retail shops, other than motor vehicle shops, in the Katanning local government district are authorised to be open at times when those shops would otherwise be required to be closed— (a) on the days specified in the Table; and (b) during the hours specified for that day in the Table. Table Day Hours Monday 10 April 2023 From 10.00am to 5.00pm Monday 5 June 2023 From 10.00am to 5.00pm Monday 25 September 2023 From 10.00am to 5.00pm
4. Relationship to standing orders This order has effect despite the Retail Trading Hours (Shire of Katanning) Sunday Variation Order

Hon. SUE ELLERY, MLC, Minister for Commerce. ——————————— CP402 RETAIL TRADING HOURS ACT 1987 RETAIL TRADING HOURS (SHIRE OF BODDINGTON) VARIATION ORDER 2023 Made by the Minister for Commerce under section 12E of the Act.

1. Citation This order is the Retail Trading Hours (Shire of Boddington) Variation Order 2023.
2. Commencement This order comes into operation as follows— (a) clauses 1 and 2—on the day on which this order is published in the Gazette; (b) the rest of the order—on the day after that day.
3. Variation of retail trading hours (1) General retail shops, other than motor vehicle shops, in the Boddington local government district are authorised to be open at times when those shops would otherwise be required to be closed, in accordance with the Table. Table Days Hours Mondays, Tuesdays, Wednesdays and Fridays from 6pm until 9pm Sundays and Public Holidays from 11am until 5pm (2) Despite subclause 3(1), general retail shops in the Boddington local government district are required to be closed on Christmas Day, Good Friday and ANZAC Day. Hon. SUE ELLERY, MLC, Minister for Commerce.

24 March 2023 GOVERNMENT GAZETTE, WA 583 ENERGY EN401 GAS STANDARDS ACT 1972 GAS STANDARDS (GASFITTING AND CONSUMER GAS INSTALLATIONS) REGULATIONS 1999 GAS INSTALLATIONS VARIATION NOTICE 2023 Issued by the Director of Energy Safety under r.32(3) of the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999 (the Regulations).

1. Citation This notice is the Gas Installations Variation Notice 2023.
2. Commencement This notice comes into operation as follows— (a) clauses 1 and 2—on the day on which this notice is published in the Gazette; (b) the rest of the notice—on the day after that day.
3. Terms used In this notice— • AS/NZS 5601.1 means the standard jointly published by Standards Australia and Standards New Zealand which utilises the reference 'AS/NZS 5601.1:2022', is titled 'Gas Installations, Part 1: General Installations' and includes all published amendments to this standard. • Gas installation means the same as is provided for in the Gas Standards Act 1972.
4. Variation Where a gas installation is newly installed or an existing gas installation is altered or modified, that gas installation is not required to comply with clause 5.2.11 of AS/NZS 5601.1 where the work of installing, altering or modifying the gas installation was commenced prior to 30 June 2023. For this variation to apply in respect of a given gas installation, a gasfitter must, as part of their notice of completion for installing, altering or modifying the gas installation, include a note setting out when that work (of installing, altering or modifying the gas installation) was commenced. Dated 22 March 2023. SAJ ABDOOLAKHAN, Director of Energy Safety. FIRE AND EMERGENCY SERVICES FE401 BUSH FIRES ACT 1954 TOTAL FIRE BAN DECLARATION Correspondence No. D18023 Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a total fire ban for 21 March 2023 for the local government districts of— Collie, Dardanup, Harvey, Waroona, Bridgetown-Greenbushes, Boyup Brook, Donnybrook- Balingup. Dated 20 March 2023. PAUL CARR, Assistant Commissioner of the Department of Fire and Emergency Services, as a sub-delegate of the Minister under section 16 of the Fire and Emergency Services Act 1998.

584 GOVERNMENT GAZETTE, WA 24 March 2023 JUSTICE JU401 CHARITABLE TRUSTS ACT 2022 SCHEME FOR VARIATION OF TRUST The Trust Deed dated 3 April 1985 establishing the John W Bowra Trust be amended as follows— Clause 2 be amended to read: "The Trustee shall hold the Trust Fund upon trust to apply the capital and income as the Trustee thinks fit to certain registered charitable institutions as set out in the Schedule hereto." Dated 27 February 2023. Hon. JOHN QUIGLEY, MLA, Attorney General; Minister for Electoral Affairs. LOCAL GOVERNMENT LG401 LOCAL GOVERNMENT ACT 1995 CAT ACT 2011 Shire of Augusta Margaret River CAT LOCAL LAW 2023 Under the powers conferred by the Local Government Act 1995 and Cat Act 2011 and under all other powers enabling it, the Council of the Shire of Augusta Margaret River resolved on 8 March 2023 to make the following local law. PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the Shire of Augusta Margaret River Cat Local Law 2023. 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 Interpretations In this local law unless the context otherwise requires— Act means the Cat Act 2011; animal welfare organisation means a non-government, not-for-profit organisation with the welfare of animals as their reason for existence; applicant means the occupier of the premises who makes an application for a permit under this local law; approved cat breeder has the meaning given to it in the Act; authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under this local law; cat means an animal of the species felis catus or a hybrid of that species; cat management facility has the meaning given to it in the Act; cattery means any premises where 3 or more cats are boarded, housed or trained temporarily, usually for profit, and where the occupier of the premises is not the ordinary owner of the cats; CEO means the Chief Executive Officer of the local government; Council means the Council of the local government; district means the district of the local government; effective control in relation to a cat means any of the following methods— (a) held by a person who is capable of controlling the cat; (b) secured in a cage; or (c) any other means of preventing escape; group dwelling (commonly referred to as a duplexes, villas or townhouses) means a dwelling that is 1 of a group of 2 or more dwellings on the same lot such that no dwelling is placed wholly or partly vertically above the other, except where special conditions of landscape or topography dictate otherwise, and includes a dwelling on a survey strata with common property;

24 March 2023 GOVERNMENT GAZETTE, WA 585 local government means the Shire of Augusta Margaret River; multiple dwelling (often called flats, apartments or units) meaning a dwelling in a group of more than 1 dwelling on a lot where any part of a dwelling is vertically above part of any other but— (a) does not include a group dwelling; and (b) includes any dwellings above the ground floor in a mixed use development; nuisance means— (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; (c) interference which causes material damage to land or other property on the land affected by the interference; owner has the meaning given to it in the Act; permit means a permit issued by the local government under clause 4.7; permit holder means a person who holds a valid permit issued under clause 4.7; pet shop means a shop or place used for the conduct of a business, in the course of which an animal is kept for the purposes of sale; premises has the meaning given to it in the Act; public place has the meaning given to it in the Act; RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western Australia; Schedule means a Schedule to this local law; scheme means a town planning scheme of the local government made by it under the Planning and Development Act 2005 and its antecedents; single dwelling means a house that stands alone on its own parcel of land; veterinary hospital means any premises at which veterinary surgery is practised at which animals receive treatment, nursing care, and other services required for the reception, treatment and care of animals suffering from disease or injury or in need of surgical or medical treatment or assistance; veterinary clinic means any premises at which veterinary surgery is practised, but at which animals are not retained overnight; veterinary surgery means the art and science of veterinary surgery and veterinary medicine, and, without limiting the generality of the foregoing, includes— (a) the examination of any animal for the purpose of the diagnosis of disease in, or injury to, that animal, or the conduct of tests, whether physiological or pathological, on any animal for diagnostic purposes; and (b) the provision of advice based upon diagnosis of disease of, or injury to, any animal; and (c) the surgical or medical treatment of any animal; (d) the giving of any anaesthetic to, or the performance of surgical operations on, any animal; and (e) the doing or performing of any act, matter, procedure, or thing that is prescribed pursuant to section 31 as forming part of the practice of veterinary surgery. PART 2—CONTROL OF CATS 2.1 Cats in public places (1) A cat shall not be permitted in a public place, if in the opinion of an authorised person, the cat is causing a nuisance. (2) If a cat is at any time in a public place in contravention of subclause (1)— (a) the owner of the cat commits an offence; and (b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act. 2.2 Cats in other places (1) A cat shall not be in any place that is not a public place if— (a) consent to it being there has not been given by the occupier, or a person authorised to consent on behalf of the occupier; and (b) the cat, in the opinion of an authorised person, is causing a nuisance. (2) If a cat is at any time in a place in contravention of subclause (1)— (a) the owner of the cat commits an offence; and (b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act. 2.3 Cat in prohibited areas (1) A cat shall not be in any Cat Prohibited Area as identified in Schedule 3. (2) If a cat is at any time in a place in contravention of subclause (1)—

586 GOVERNMENT GAZETTE, WA 24 March 2023 (a) the owner of the cat commits an offence; and (b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act. 2.4 Direction to abate the nuisance of a cat (1) The owner of a cat, or any other person responsible for a cat, shall not allow the cat to create a nuisance. (2) Where, in the opinion of an authorised person, a cat is creating a nuisance, the local government may give written notice to the owner of the cat or any other person apparently in control of the cat, requiring that person to abate the nuisance. (3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in force for the period specified by the local government on the notice which shall not exceed 28 days. (4) A person given a notice to abate the nuisance shall comply with the notice within the period specified in the notice. (5) If the owner fails to comply— (a) the owner of the cat commits an offence; and (b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act. PART 3—CAT PROHIBITED AREAS 3.1 Designation of Cat Prohibited Areas (1) The Local Government may designate land as a Cat Prohibited Area by stating a description of the land in Schedule 3 after following the process for amending a local law pursuant to the Local Government Act. (2) In designating land for the purpose of clause 3.1 the Local Government shall have regard to clause 2.1. PART 4—PERMITS FOR KEEPING CATS 4.1 Interpretation In this Part, and for the purposes of applying the definition of "cattery" in Part 4, a cat does not include a cat less than 6 months old. 4.2 Cats for which a permit is required (1) Subject to subclause (2) a person is required to have a permit— (a) to keep 3 or more cats on any premises; (b) to use any premises as a cattery; or (c) to be an approved cat breeder. (2) A permit is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA or any other animal welfare organisation; (b) a cat management facility which has been established by and is maintained by the local government for the impounding of cats; (c) a veterinary hospital; (d) a veterinary surgery; (e) a veterinary clinic; or (f) a pet shop. 4.3 Transitional provisions Where an owner has 3 or more cats on their premises prior to this local law coming into operation they are not required to have a permit; however they will not substitute or replace any cat (in excess of 2 cats) once that cat— (a) dies; or (b) is permanently removed from the premises. 4.4 Application for permit An application for a permit under clause 4.2 shall be— (a) made in writing by an occupier of either a single or multiple dwelling or premises in relation to that single or multiple dwelling or premises; (b) in a form approved by the local government, describing and specifying the number of cats to be kept at the single or multiple dwelling or on the premises; (c) accompanied by the plans of the single or multiple dwelling or premises to which the application relates, to the specification and satisfaction of the local government; (d) accompanied by the consent in writing of the owner of the single or multiple dwelling or premises, where the occupier is not the owner of the single or multiple dwelling or premises to which the application relates; (e) accompanied by the application fee for the permit determined by the local government from time to time; and

24 March 2023 GOVERNMENT GAZETTE, WA 587 (f) accompanied by written evidence that either the applicant or another person who will have charge of the cats, will reside at the single or multiple dwelling or on the premises or, in the opinion of the local government, sufficiently close to the single or multiple dwelling or premises so as to maintain effective control of the cats and ensure their health and welfare. 4.5 Refusal to determine application The local government may refuse to determine an application for a permit if it is not made in accordance with clause 4.4. 4.6 Factors relevant to determination of application (1) In determining an application for a permit the local government may have regard to— (a) the physical suitability of the premises for the proposed use; (b) the suitability of the zoning of the premises under any scheme which applies to the premises for the use; (c) the environmental sensitivity and general nature of the location surrounding the premises for the proposed use; (d) the structural suitability of any enclosure in which any cat is to be kept; (e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to the occupiers of adjoining land; (f) the likely effect on the amenity of the surrounding area of the proposed use; (g) the likely effect on the local environment, including any pollution or other environmental damage which may be caused by the use; (h) any submissions received under subclause (2) within the time specified in subclause (2); and (i) such other factors which the local government may consider to be relevant in the circumstances of the particular case. (2) Where an application is received pursuant to clause 4.4 the local government shall— (a) consult with adjoining occupiers and landowners; and (b) advise the adjoining occupiers and landowners that they may make submissions to the local government on the application for the permit within 14 days of receiving that advice, before determining the application for the permit. 4.7 Decision on application (1) The local government may— (a) approve an application for a permit, in which case it shall approve it subject to the conditions in clause 4.8, and may approve it subject to any other conditions it considers fit; or (b) refuse to approve an application for a permit. (2) If the local government approves an application under subclause (1), then it shall issue to the applicant a permit in the form determined by the CEO. (3) If the local government refuses to approve an application under subclause (1), then it is to advise the applicant accordingly in writing. 4.8 Conditions (1) Every permit is issued subject to the following conditions— (a) each cat kept on the premises to which the permit relates shall be contained on the premises unless under the effective control of a person; (b) that the premises must be adequately fenced (and premises will be taken not to be adequately fenced if there is more than one escape of a cat from the premises); (c) the permit holder will provide adequate space for the exercise of the cats; (d) the single or multiple dwelling or premises shall be maintained in good order and in a clean and sanitary condition; (e) the written consent to the application for a permit of the adjoining multiple dwellings has been obtained; (f) the written consent to the application from the owner of the premises, if not the applicant, has been obtained; (g) without the consent of the local government, the permit holder will not substitute or replace any cat once that cat— (i) dies; or (ii) is permanently removed from the premises. (h) those conditions contained in Schedule 1. (2) In addition to the conditions subject to which a permit is to be issued under this clause, a permit may be issued subject to other conditions, as the local government considers appropriate. (3) A permit holder who fails to comply with a condition of a permit commits an offence. 4.9 Duration of permit Unless otherwise specified, in a condition on a permit, a permit commences on the date of issue and until any cat either— (a) dies;

588 GOVERNMENT GAZETTE, WA 24 March 2023 (b) is permanently removed from the premises; or (c) the permit holder ceases to reside at the dwelling or premises to which the permit relates. 4.10 Revocation The local government may revoke a permit if the permit holder fails to observe any provision of this local law or a condition of a permit. 4.11 Permit not transferable A permit is not transferable in relation to either the permit holder or the dwelling or premises. PART 5—IMPOUNDING OF CATS 5.1 Cat management facility (1) The local government may establish and maintain a cat management facility or facilities, managed by an authorised person for the impounding of cats and the subsequent management of those cats under this local law. (2) The local government may determine from time to time— (a) the times when a cat management facility will be open for the reception and release of cats; and (b) times for the sale of cats from the facility. (3) An authorised person, referred to in subclause (1), is to be in attendance at the facility for the release of impounded cats at the times and on the days of the week as are determined by the CEO. 5.2 Impounding register (1) The local government is to keep a proper record of impounded cats (the "Impounding Register"). (2) The Impounding Register is to contain the following information about each impounded cat— (a) if known, the breed and sex of the cat; (b) the colour, distinguishing markings and features of the cat; (c) if known, the name and address of the owner; (d) the date, time and location of seizure and impounding; (e) the name and address of the authorised person who impounded the cat and, if applicable, the person who delivered a cat for impounding; (f) the reason for the impounding; (g) a note of any direction made by an authorised person under clause 2.4 relating to the cat; and (h) the date of the sale, release or destruction of the cat. (3) The Impounding Register is to be available for inspection by the public. 5.3 Charges and costs The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995— (a) the charges to be levied under section 31 of the Act relating to the seizure, impounding, caring, microchipping, sterilisation or destruction/disposal of a cat; and (b) the additional fee payable under section 31 of the Act where a cat is released or sold at a time or on a day other than those determined under clause 5.1(2). 5.4 Release of impounded cats (1) A claim for the release of a cat seized and impounded is to be made to the authorised person referred to in clause 5.1(1) or in the absence of that person, to the CEO. (2) The authorised person referred to in clause 5.1(1) is not to release a cat seized and impounded to any person unless that person has produced, to their satisfaction, evidence− (a) of his or her ownership of the cat or of his or her authority to take delivery of it; (b) that he or she is the person identified as the owner on a microchip implanted in the cat; (c) of proof of registration of the cat in accordance with the Act; (d) if a permit under Part 4 is required, proof of obtaining the permit. PART 6—MISCELLANEOUS 6.1 Giving of a notice A notice given under this local law may be given to a person— (a) personally; (b) by mail addressed to the person; or (c) by leaving it for the person at her or his address. 6.2 Content of a notice The contents of a notice given under section 6.1 can be— (a) ascertained from the person directly;

24 March 2023 GOVERNMENT GAZETTE, WA 589 (b) recorded by the local government under the Act; or (c) ascertained from enquiries made by the local government. PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review Any person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a permit, or by the refusal of the local government to grant a permit may object to the decision under Division 1 of Part 9 of the Local Government Act 1995. PART 8—OFFENCES AND PENALTIES 8.1 Offences (1) Any person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) Any person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. 8.2 Prescribed offences (1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 84 of the Act. (2) The amount appearing directly opposite each such offence is the modified penalty in relation to that offence. 8.3 Forms (1) The issue of infringement notices, their withdrawal and the payment of modified penalties are dealt with in Division 4 of Part 4 of the Act. (2) An infringement notice given under section 62 of the Act is to be in the form of Form 6 of Schedule 1 of the Cat Regulations 2012. (3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of Form 7 of Schedule 1 of the Cat Regulations 2012. ———— SCHEDULE 1 ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS [Clause 4.8] A. Permit to use premises as a cattery Additional conditions (1) All building enclosures must be structurally sound, have impervious flooring, be well lit and ventilated and otherwise comply with all legislative requirements; (2) There is to be a feed room, wash area, isolation cages and maternity section; (3) Materials used in structures are to be approved by the local government; (4) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices and other defects; (5) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to corrosion and constructed to prevent the harbourage of vermin; (6) Wash basin with the minimum of cold water to be available to the satisfaction of the Local Government; (7) The maximum number of cats to be kept on the premises stated on the permit is not to be exceeded; (8) An register is to be kept recording in respect of each cat the— (a) date of admission; (b) date of departure; (c) breed, age, colour and sex; and (d) the name and residential address of the owner; (9) The register is to be made available for inspection on the request of an authorised person; (10) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to minimise disease; (11) Any sick or ailing cat is to be removed from the premises or transferred to an isolation cage separated from other cats on the premises; and (12) Any other matter which in the opinion of the local government is deemed necessary for the health and wellbeing of any cat, or person, or adjoining premises or the amenity of the area (or any part thereof).

590 GOVERNMENT GAZETTE, WA 24 March 2023 B. Permit for Approved Cat Breeder Additional conditions (1) Required to keep records of all purchases and or transfers of cat/s for a period of 2 years, including but not limited to the purchasers' name and address, and the cat/s microchip number; and (2) Premises may be inspected annually. ———— SCHEDULE 2 MODIFIED PENALTIES [Clause 8.2] Item No. Clause Nature of offence Modified Penalty $ 1 2.1(2)(a) Cat in a public place causing a nuisance $200 2 2.2(2)(a) Cat in a place that is not a public place without consent and/or is causing a nuisance $200 3 2.3(1) Cat in any prohibited area $200 4 2.4(5)(a) Failure to abate the nuisance $200 5 4.2(1) Failure to obtain the proper permit for the keeping of 3 or more cats $200 6 4.8(3) Failure to comply with the conditions of a permit $200 ———— SCHEDULE 3 AREAS WHERE CATS ARE PROHIBITED ABSOLUTELY [Clause 2.3] Reserve/Lots Numbers Common Name/Townsite R 23479, R 25502, R 38822 Alexandra Bridge R 23480 Alexandra Bridge, Courtenay R 9658, R 11533, R 19230, R 19529, R 20232, R 20761, R 21425, R 22251, R 22541, R 24537, R 24653, R 24654, R 25152, R 27019, R 27267, R 27643, R 27861, R 29668, R 30481, R 30498, R 30536, R 30778, R 32211, R 34094, R 34229, R 37335, R 37795, R 37811, R 37957, R 39156, R 39910, R 40376, R 41078, R 41117, R 41705, R 48013 Augusta R 47049 Augusta, Boranup, Bramley, Cowaramup, Deepdene, Forest Grove, Karridale, Kudardup, Margaret River, Witchcliffe R 19020 Augusta, Deepdene R 38650 Bramley, Margaret River, Rosa Brook R 43432, R 44471, R 48733, R 49213 Burnside R 19416, R 19530, R 22636, R 32824, R 44339, R 45185, R 47911, R 47991, R 48838, R 49001, R 49005, R 49007, R 49199, R 49308, R 50457, R 50458, R 52273, R 52546, R 53208, R 53469, R 53470, R 53596 Cowaramup R 19535, R 24816 Deepdene R 25211, R 35744, R 35745, R 35778, R 39434, R 45249 East Augusta R 22987, R 43808 Forest Grove R 44178, R 46732, R 46749, R 50757 Gnarabup R 37224, R 41545 Gnarabup, Prevelly R 27618, R 36920, R 37456, R 38491, R 46144 Gracetown R 28928 Kudardup R 25141, R 29219 Leeuwin

24 March 2023 GOVERNMENT GAZETTE, WA 591 Reserve/Lots Numbers Common Name/Townsite R 11759, R 12298, R 12646, R 18451, R 18838, R 27301, R 27302, R 27303, R 27633, R 32437, R 34019, R 35489, R 35629, R 36637, R 36747, R 37326, R 38103, R 38104, R 39081, R 39622, R 39689, R 40264, R 40289, R 40293, R 41968, R 42352, R 43268, R 43339, R 44736, R 45095, R 45515, R 45820, R 46589, R 47985, R 48430, R 48830, R 48892, R 49002, R 50413, R 51888, R 52304, R 52770, R 52771 Margaret River R 35788, R 36542, R 43595, R 43596, R 45828 Molloy Island R 26228, R 33793 Prevelly R 50106 Redgate R 22471, R 22644, R 22815, R 35113, R 41200, R 47568, R 47731, R 53122, R 53560 Witchcliffe R 18720 Nguraren Kalleep Reserve, Margaret River 6285 R 24535 Matthew Flinders Park, Augusta 6290 R 34996 Shervington Park, Augusta 6290 Lot 1 on D069945 Vlam Road Grit Pit, Forest Grove 6286 Lot 169 on P012809 7 Clements Crescent, Molloy Island Lot 258 on P012809 41 Dalton Way, Molloy Island 6290 Lot 231 on P013498 7 Warrior Way, Molloy Island 6290 Lot 86 on P024013 Lot 86 Colyer Drive, Hamelin Bay 6288 Lot 35 on P028750 Turner Holiday Park, Augusta 6290 Lot 1271 on P077738 Lot 1271 Fisher Road, Kudardup 6290 Lot 92 on P140903 Lot 92 Roxburgh Road, Margaret River 6285 Lot 858 on P188703 Turner Holiday Park, Augusta 6290 Lot 1003 on P416781 Gloucester Park, Margaret River 6285 Lots 1 to Lot 221 on P046854 Brockman Road, Honeytree Grove, Tinglewood Court, Timber Court, Holly Place, and Sanctuary Circle Cowaramup 6284 Lots 636 to Lot 653 on P421842 Surf Break Drive, Cowaramup 6284 Lots 101 to 103 on P067204 8, 10 Gimbel Road, 10889 Caves Road, Deepdene 6290 Lots 54 to 58, Lots 71 to 75 on P024012 Colyer Drive, Hamelin Bay 6288 Lot 601 and 602 on P072763 Grosse Road, Hamelin Bay 6288 Lot 152 on P038611 135 Yates Road, Margaret River 6285 Lot 201 on P062822 Lot 201 Caves Rd, Margaret River 6285 Lot 1026 to 1029 on P069263 Heron Drive, Margaret River 6285 Lot 101, 102 on P075202 479, 481 Kevill Road, Margaret River 6285 Lot 103 on P075202 432 Wallcliffe Road, Margaret River 6285 Lot 1 to 23 on P400258 Offshore Crest, Margaret River 6285 Lot 1 on D052560 10431 Bussell Highway, Witchcliffe 6286 Lot 5 on D065706 10399 Bussell Highway, Witchcliffe 6286 Lot 1 on D066049 8 Shervington Avenue, Witchcliffe 6286 Lot 2 on D088822 Bussell Highway, Witchcliffe 6286 Lot 121 on D092542 10397 Bussell Highway, Witchcliffe 6286 Lot 100 on P046013 10403 Bussell Highway, Witchcliffe 6286 Lot 1 to 22 on P073836 Mackay Road, Eldridge Avenue, Dempster Drive Witchcliffe 6286 Lot 33 to 46 on P159671 Bussell Highway, Shervington Avenue, Witchcliffe 6286 Lot 1 to 3 on S022188 Unit 1, 2, 3 10403 Bussell Highway, Witchcliffe 6286 Lot 1 and 2 on S069182 Unit 1 and 2, 10413 Bussell Highway, Witchcliffe 6286 Lot 1 to 24 on S077784 Yornitj Grove, Mardo Drive, Mannitj Place, Kulbardi Way, Witchcliffe 6286

592 GOVERNMENT GAZETTE, WA 24 March 2023 Reserve/Lots Numbers Common Name/Townsite Lot 1 to 21 on S077785 Kulbardi Way, Yornitj Grove, Kyloring Drive, Witchcliffe 6286 Lot 1 to 19 on S077786 Yornitj Grove, Mannitj Place, Kulbardi Way Witchcliffe 6286 Lot 1 to 23 on S077787 Kulbardi Way, Wolghine Avenue, Mardo Drive, Witchcliffe 6286 Lot 1 to 22 on S077788 Kulbardi Way, Mardo Drive, Mannitj Place, Witchcliffe 6286 Lot 1 to 27 on S077790 Mardo Drive, Balagarra Lane, Karrack Crescent, Witchcliffe 6286 Lot 1 to 19 on S077791 Wannang Lane, Karrack Crescent Witchcliffe 6286 Lot 1 to 15 on S083347 Karrack Crescent, Witchcliffe 6286 Dated 16 March 2023. The Common Seal of the Shire of Augusta Margaret River was affixed under the authority of a resolution of the Council in the presence of— PAULA CRISTOFFANINI, Shire President. STEPHANIE ADDISON-BROWN, Chief Executive Officer. ——————————— LG402 LOCAL GOVERNMENT ACT 1995 City of Wanneroo BASIS OF RATES I, Mustafa Yildiz, 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 27 February 2023, determined that the method of valuation to be used by the City of Wanneroo 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 166 to 169 inclusive, Lots 192 to 194 inclusive, Lots 223 to 228 inclusive and Lots 230 to 240 inclusive as shown on Deposited Plan 424293. MUSTAFA YILDIZ, A/Executive Director Local Government, Department of Local Government, Sport and Cultural Industries. ——————————— LG403 LOCAL GOVERNMENT ACT 1995 City of Kwinana 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 15 March 2023, determined that the method of valuation to be used by the City of Kwinana 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 Lot 110, Lot 128, Lot 129 and Lot 153 as shown on Deposited Plan 424104. TIM FRASER, Executive Director Local Government, Department of Local Government, Sport and Cultural Industries.

24 March 2023 GOVERNMENT GAZETTE, WA 593 MINERALS AND PETROLEUM MP401 PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 Section 47(1) DECLARATION OF LOCATION I, Matthew Leigh Smith, Acting Manager Resource Tenure, Resource Tenure Division of the Department of Mines, Industry Regulation and Safety, the delegate of the Minister of Mines and Petroleum for the State of Western Australia, declare the blocks hereunder to be a location for the purpose of the Act. Perth Map Sheet SH50 Block Field Location No 6240 B South Erregulla STP-LNA-0010 The block is the subject of Petroleum Exploration Permit EP 503 held by— Strike South West Pty Ltd Dated at Perth on this day 16 March 2023. MATTHEW LEIGH SMITH, Acting Manager Resource Tenure, Resource Tenure Division, Department of Mines, Industry Regulation and Safety. ——————————— MP402 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Coolgardie WA 6429. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for non / late payment of rent. WARDEN GIBBS. ———— To be heard by the Warden at Kalgoorlie on 3 May 2023. COOLGARDIE MINERAL FIELD Prospecting Licences P 15/6337 Everett, Chadwick Doughton P 16/2972 Jones, Garry David ——————————— MP403 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Coolgardie WA 6429. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non- compliance with the reporting provisions. WARDEN GIBBS. ———— To be heard by the Warden at Kalgoorlie on 3 May 2023.

594 GOVERNMENT GAZETTE, WA 24 March 2023 COOLGARDIE MINERAL FIELD Prospecting Licences P 15/6596 Briggs, Patrick P 16/2732 Champion, Lionel Brian Champion, Brendon James ——————————— MP404 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Kalgoorlie WA 6430. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non- compliance with the reporting provisions. WARDEN GIBBS. ———— To be heard by the Warden at Kalgoorlie on 3 May 2023. EAST COOLGARDIE MINERAL FIELD Prospecting Licences P 26/4604 Malatesta, Nathan Kim Jones, Jamie Douglas P 26/4605 Kean, Steven Lionel ——————————— MP405 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Kalgoorlie WA 6430. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non- compliance with the reporting provisions. WARDEN GIBBS. ———— To be heard by the Warden at Kalgoorlie on 3 May 2023. EAST COOLGARDIE MINERAL FIELD Prospecting Licences P 26/4148 Salt Lake Mining Pty Ltd ———————————

24 March 2023 GOVERNMENT GAZETTE, WA 595 MP406 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Kalgoorlie WA 6430. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for non / late payment of rent. WARDEN GIBBS. ———— To be heard by the Warden at Kalgoorlie on 3 May 2023. EAST COOLGARDIE MINERAL FIELD Prospecting Licences P 26/4643 Bol, Robert John Plane, Jason Mark NORTH COOLGARDIE MINERAL FIELD Prospecting Licences P 29/2378 McKenna, David William ——————————— MP407 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Karratha WA 6741. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non- compliance with the reporting provisions. WARDEN C STOCKDALE. ———— To be heard by the Warden at Karratha on 4 May 2023. ASHBURTON MINERAL FIELD Prospecting Licences P 08/750-S Jordan, Christopher KIMBERLEY MINERAL FIELD Prospecting Licences P 80/1828 Tremlett, Russell George P 80/1829 Tremlett, Russell George P 80/1830 Tremlett, Russell George P 80/1870 Pigram, Alan Edward Pigram, Gavin John WEST PILBARA MINERAL FIELD Prospecting Licences P 47/1742 Henry, Michael Laurence Hicks, Peter Wayne P 47/1743 Henry, Michael Laurence Hicks, Peter Wayne

596 GOVERNMENT GAZETTE, WA 24 March 2023 MP408 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Karratha WA 6741. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for late payment of rent. WARDEN C STOCKDALE. ———— To be heard by the Warden at Karratha on 4 May 2023. ASHBURTON MINERAL FIELD Prospecting Licences P 08/750-S Jordan, Christopher WEST KIMBERLEY MINERAL FIELD Miscellaneous Licences L 04/70 Connolly, Peter Scott ——————————— MP409 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Karratha WA 6741. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the environmental conditions. WARDEN C STOCKDALE. ———— To be heard by the Warden at Karratha on 4 May 2023. WEST KIMBERLEY MINERAL FIELD Miscellaneous Licences L 04/86 Thunderbird Operations Pty Ltd ——————————— MP410 MINING ACT 1978 INSTRUMENT OF VARIATION AND EXTENSION OF TERM OF EXEMPTION OF LAND I, Jared Andrew Barnett, Executive Director Resource Tenure, pursuant to section 19 of the Mining Act 1978, hereby varies the exemption of land originally declared on 23 March 2011 and published in the Government Gazette dated 1 April 2011 by varying the description to that as described hereunder (not being private land or land that is the subject of a mining tenement or an application for a mining tenement) exempt from Divisions 1 to 5 of Part IV of the Mining Act 1978. The exemption will expire on 22 March 2025. Locality Port Hedland

24 March 2023 GOVERNMENT GAZETTE, WA 597 Description of Land Land designated S19/323 in the TENGRAPH electronic plan of the Department of Mines, Industry Regulation and Safety. A geospatial description is filed in the Department of Mines, Industry Regulation and Safety electronic file number A1781/201801, document ID 9938702. Area of Land 20858.25 hectares Dated at Perth this 13th day of March 2023. JARED ANDREW BARNETT, Executive Director, Resource Tenure. ——————————— MP411 MINING ACT 1978 INSTRUMENT OF EXTENSION OF TERM OF EXEMPTION OF LAND I, Jared Andrew Barnett, Executive Director, Resource Tenure, pursuant to section 19 of the Mining Act 1978, hereby extend the exemption originally declared on 3 April 2017 and published in the Government Gazette dated 7 April 2017 for that area described hereunder (not being private land or land that is the subject of a mining tenement or an application for a mining tenement) from Divisions 1 to 5 of Part IV of the Mining Act 1978, for a period of two years expiring on 2 April 2025. Locality Cape Preston Description of Land Land designated S19/369 in the TENGRAPH electronic plan of the Department of Mines, Industry Regulation and Safety. A geospatial description is filed in the Department of Mines, Industry Regulation and Safety electronic file number A2580/201801, document ID 9899179. Area of Land 6416.85 hectares Dated at Perth this 13th day of February 2023. JARED ANDREW BARNETT, Executive Director, Resource Tenure. PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Swan Valley Local Planning Scheme No. 1—Amendment No. 2 Ref: TPS/2923 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 Swan Valley Local Planning Scheme amendment on 1st March 2023 for the purpose of—

1. Inserting the words 'subdivision and' between the words 'requirements relating to' and 'development that are' under clause 37.1.
2. Replacing the word '(a)' with '1' under clause 37.2.
3. Inserting the words 'for applications for development approval' at the end of the heading for clause 39.
4. Inserting the following new clause 39A as follows— 39A. Variations to site and development requirements for applications for subdivision approval
5. In this clause— additional site and development requirements means requirements set out in clauses 37 and 38.
6. The Commission may approve an application for a subdivision approval that does not comply with an additional site and development requirement.
7. Subclause 2 does not apply to minimum lot size requirements, which must not be varied.
8. An approval under subclause 1 may be unconditional or subject to any conditions the Commission considers appropriate.

598 GOVERNMENT GAZETTE, WA 24 March 2023 5. The Commission may only approve an application for subdivision approval under this clause if the Commission is satisfied that— a. approval of the proposed subdivision would be appropriate having regard to the following matters; i. the aims of the Scheme and applicable zone objectives; ii. whether the proposed subdivision will have a significant adverse effect on the rural character of the Swan Valley; iii. whether enforcement of the additional site and development requirement would be contrary to the public interest; iv. whether the proposed subdivision will facilitate the protection and conservation of a heritage building or place listed in the State Register of Heritage Places, the Aboriginal Sites Register or a Heritage List operating pursuant to clause 42; v. whether the proposed subdivision will facilitate the conservation of significant environmental values; vi. whether the proposed subdivision will facilitate the delivery of public infrastructure; vii. whether the proposed lots are capable of accommodating development that satisfies the requirements of this Scheme and related policies; and (b) non-compliance with the additional site and development requirement will not have a significant adverse effect on the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.' 5. Inserting the following new subdivision requirement under Schedule 5, No.1, All Zones, and renumbering the remaining requirements accordingly— 1.2. Where a minimum lot size is required for the relevant zone, the minimum lot size requirement does not apply to the following— a. Land required for infrastructure and/or public purposes; and b. Land required for the protection of areas with biodiversity and conservation value; and c. Land required to facilitate the built heritage conservation of a place entered in the State Register of Heritage Places under the Heritage Act 2018 section 42 or included on the heritage list; and d. A lot that is smaller than the minimum lot size as a result of removing land referred to in points a through d above; and e. A succession subdivision lot.' 6. Inserting the following after Schedule 5, No.2, Priority Agriculture zone subdivision requirement 1.1 (b), and renumbering the remaining requirements accordingly— 'c. A subdivision necessary to acquire or set aside land for infrastructure and/or public purposes, protect areas with biodiversity and/or conservation value, or facilitate built heritage conservation of a place entered in the State Register of Heritage Places or included on the heritage list; or' 7. Replacing Schedule 5, No.2, Priority Agriculture zone succession subdivision requirement 1.1 (c)(iv) with the following— iv. The proposed subdivision and subsequent development must not reduce the area of land that has been historically used for grape growing on the original parent lot since 18 September 1995; and' 8. Replacing Schedule 5, No.2, Priority Agriculture zone succession subdivision requirement 1.1 (c)(vii) with the following— vii. The subdivision and subsequent development must not significantly impact native vegetation.' 9. Deleting Schedule 5, No.2, Priority Agriculture zone succession subdivision requirements 1.1(c)(viii) and 1.1(c)(ix). 10. Replacing Schedule 5, No.3, Swan Valley Rural zone succession subdivision requirement 1.2(iv) with the following— iv. The proposed subdivision and subsequent development must not reduce the area of land that has been historically used for grape growing on the original parent lot since 18 September 1995; and' 11. Replacing Schedule 5, No.3, Swan Valley Rural zone succession subdivision requirement 1.2(vii) with the following— vii. The subdivision and subsequent development must not significantly impact native vegetation.' 12. Deleting Schedule 5, No.3, Swan Valley Rural zone succession subdivision requirements 1.2(viii) and 1.2(ix). D. CADDY, WAPC Chairman.

24 March 2023 GOVERNMENT GAZETTE, WA 599 PL402 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT City of Swan Local Planning Scheme No. 1—Amendment No. 3 Ref: TPS/2924 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Swan Local Planning Scheme amendment on 1 March 2023 for the purpose of—

1. Amending Schedule 4—Special Use Zones by introducing a new Special Use (SU2) to Lot 501 (No.130) Hamersley Road, Caversham as follows— No. Description of land Special Use Conditions 2 Lot 501 (No.130) Hamersley Road, Caversham Art Gallery (P) Brewery, Cidery or Distillery (D) Café (D) Caretaker's Dwelling (D) Cinema / Theatre (A) Civic Use (A) Club Premises (A) Community Purpose (D) Educational Establishment (D) Exhibition Centre (D) Food and Beverage Production (D) Market (A) Office (D) Reception Centre (A) Recreation—Private (A) Restaurant (A) Shop (I) Small Bar Tavern(A) Schedule 5 subdivision requirements for the Priority Agriculture zone apply to the land, along with subdivision requirements applicable to all zones
2. Amending the Scheme Map to transfer Lot 501 (No.130) Hamersley Road, Caversham from the Priority Agriculture zone and Parks and Recreation reserve to the Special Use zone as per the proposed scheme amendment map D. CADDY, WAPC Chairman. PREMIER AND CABINET PR401 INTERPRETATION ACT 1984 MINISTERIAL ACTING ARRANGEMENTS It is hereby notified for public information that the deputy of the Governor, in accordance with section 12(c) of the Interpretation Act 1984, has approved the following temporary appointment. Hon. S. M. Ellery MLC to act temporarily in the office of Minister for Emergency Services; Innovation and the Digital Economy; Medical Research; Volunteering in the absence of the Hon. S. N. Dawson MLC for the period 22 to 27 March 2023 (both dates inclusive). E. ROPER, Director General, Department of the Premier and Cabinet.

600 GOVERNMENT GAZETTE, WA 24 March 2023 PUBLIC NOTICES ZZ401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Notice to Creditors and Claimants and other persons having claims (to which Section 63 of the Trustees Act 1962 relates), in respect of the Estate of Robert Richard Murray late of 13 Puglia Place, Koondoola who died on 7 August 2022, are required by the Trustee, David James Kirchner to send to Solicitors for the Trustee, Templar Legal Pty Ltd, P.O. Box 8243, Subiaco WA 6008, particulars of such claims within 30 days of this notice. After such date, the Trustee may convey or distribute the assets of the Estate having regard only to the claims of which the Trustee then has notice. ——————————— ZZ402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Gwenda Joy Hall late of 1 Comet Street, Dudley Park, Western Australia, Home Duties/Volunteer, 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 25 July 2022 are required by the personal representative to send particulars of their claims to the care of Amanda Liston Legal, PO Box 4234, North Mandurah WA 6210 within 4 weeks from the date of this advertisement after which date the personal representative may convey or distribute the assets having regard to the claims of which he/she then has notice. AMANDA LISTON LEGAL as solicitors for the personal representative. ——————————— ZZ403 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Estate of Florence Tye late of 2 Oakdale Close, Safety Bay, 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 Florence Tye late of 2 Oakdale Close, Safety Bay, Western Australia, Deceased, who died on 15 September 2022 are required by the Executors of the Estate to send particulars of their claims to The Executor, Estate of Florence Tye, 206/1 Wexford Street, Subiaco, WA 6008, within one month of the date of publication of this notice, after which date the Executor may convey or distribute the assets, having regard only to the claims of which the Executor then has notice. ——————————— ZZ404 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Scott Anthony Barton late of Sunset Lodge, Robinson River Community, Northern Territory, Community Development Program Supervisor, deceased intestate. 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 11 February 2022 are required by the personal representative to send particulars of their claims to the care of Amanda Liston Legal, PO Box 4234, North Mandurah WA 6210 within 4 weeks from the date of this advertisement after which date the personal representative may convey or distribute the assets having regard to the claims of which he/she then has notice. AMANDA LISTON LEGAL as solicitors for the personal representative. ———————————

24 March 2023 GOVERNMENT GAZETTE, WA 601 ZZ405 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Allan Archibald MacMurchie late of Coolbellup, Western Australia, died 15 June 2022. Creditors and other persons having claims to which Section 63 of the Trustees Act 1962 relates in respect of the estate are required by their executor, Robyn Walker, to send particulars of their claims to her at 3 Bluebell Way, Bibra Lake, 6163 within one month of the date of publication, after which date she may distribute the assets of the estate, having regard only to the claims of which she then has notice. ——————————— ZZ406 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Margaret Lillian MacMurchie late of Coolbellup, Western Australia, died 26 August, 2022. Creditors and other persons having claims to which Section 63 of the Trustees Act 1962 relates in respect of the estate are required by their executor, Robyn Walker, to send particulars of their claims to her at 3 Bluebell Way, Bibra Lake, 6163 within one month of the date of publication, after which date she may distribute the assets of the estate, having regard only to the claims of which she then has notice. ——————————— ZZ407 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Bruce Haulgrave Cullen, late of Castledare Retirement Village, 108 Fern Road, Wilson, Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect of the Estate of the deceased, who died on the 14/05/2021, are required by the executors Lawrence James Richards and Gary Francis Glossop to send the particulars of their claims to Gary Francis Glossop of 6 Kent Street, Bicton Western Australia 6157 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 the claims of which they then have notice. ——————————— ZZ408 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Margaret Rose Cottier, late of Treeby Parklands Care Community, 5 Abelia Road, Treeby, Western Australia, Company Secretary, 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 8 November 2022 are required by the trustee to send particulars of their claims to the trustee at the office of their solicitor Crystal Lawyers, PO Box 8485 Angelo St, South Perth WA 6151 by 24 April 2023, after that date the trustee will convey or distribute the assets, having regard only to the claims of which he then has notice. ———————————

602 GOVERNMENT GAZETTE, WA 24 March 2023 ZZ409 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the estate of Todd William Walsh late of 23 Kestrel Place, Djugun in the State of Western Australia, Cattle Buyer, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 (WA) relates) in respect of the estate of the deceased, who died on 19 October 2022, are required by the executrix, Jacqueline Ann Walsh of 23 Kestrel Place, Djugun in the State of Western Australia, to send particulars of their claims to her at care of HFM Legal, PO Box 2124, Broome WA 6725 by the date being one month following the publication of this notice, after which date the Executrix may convey or distribute the assets, having regard only to claims of which she then has notice. ——————————— ZZ410 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Karen Michelle Archer, late of 11 Admiral Link, Wandina, Western Australia, Science Lab Technician, 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 6 August 2022, are required by the Administrator, Lynette Kay Archer, (Administrator) care of Mid West Lawyers, Suite 1, 18 Stirling Highway, Nedlands, Western Australia, to send particulars of their claims to them within ONE (1) 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 they then have notice. MID WEST LAWYERS. ——————————— ZZ411 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Leonie Clare Williams, late of 107 Princess Road, Doubleview, Western Australia, Retiree, 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 11 September 2022, are required by the Executor Eric David Griffin of 10 Countess Link, Madeley, Western Australia 6065 to send particulars of their claims to him within one (1) month of the date of this notice, after which date the Executor may convey or distribute the assets, having regard only to the claims of which he then has notice. ERIC DAVID GRIFFIN, Executor for the Estate of Leonie Clare Williams. ——————————— ZZ412 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect of the Estates of the undermentioned deceased persons are required to send particulars of their claims to me on or before 24 April 2023 after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice. Adams, Delia Ivy, late of Bunbury Gardens Community Care, 39 Hayes Street Bunbury, who died on 19 January 2023 (DE19953649 EM15). Batstone, Ann Jean, formerly of 26 Cowlishaw Rise, Parmelia, late of Meath Care Nursing Home, 18 Hocking Road, Kingsley, who died on 6 October 2022 (DE33015844 EM32). Buchanan-Hughes, Jean Patricia, late of Juniper Trinity Residential Aged Care, 4-10 Hayman Road, Bentley, who died on 24 January 2023 (DE33085197 EM16). Burnett, Betty, late of Brightwater Care Group, 21-23 Johnson Street, Redcliffe, who died on 30 December 2022 (DE33027536 EM17).

24 March 2023 GOVERNMENT GAZETTE, WA 603 Cowie, Mervyn Edward, late of Regis Nedlands, 118-120 Monash Avenue, Nedlands, who died on 25 December 2022 (DE19961282 EM16). Culley, Alan Leslie, late of Bethanie Waters Retirement Village, 18 Olivenza Crescent, Port Kennedy, who died on 6 January 2023 (DE33054757 EM35). Devenish, Leslie James, late of Unit 11, 18 Prowse Way, Dunsborough, who died on 8 February 2023 (DE19913627 EM26). Dewar, Shelley Anne, late of 6 Millington Street, Northam, who died on 9 August 2021 (DE33187467 EM24). Dix, Malcolm Gilbert (also known as Malcolm Dix), late of Residency by Dillons Aged Care, 51- 53 Second Avenue, Mount Lawley, who died on 10 November 2022 (DE19631614 EM23). Evans, Jean, late of 60 Aintree Street, Hamersley, who died on 22 February 2023 (DE33146382 EM110). Green, Patricia Rae, late of Kingsway Court, 10 Viscount Loop, Madeley, who died on 6 February 2023 (DE19890598 EM37). Hallam, Thomasina, late of Settlers Lakeside Retirement Village, Unit 48, 194 Old Mandurah Road, Ravenswood, who died on 12 June 2022 (DE19933788 EM16). Jensen, Naemi Maria, late of 1 Costa Rica Place, Safety Bay, who died on 24 September 2022 (DE19942561 EM16). McDonagh, Patricia Ann (also known as Patricia Ann Raines), late of 122 Holden Road, Roleystone, who died on 21 November 2022 (DE33109257 EM13). Jose, Veronica Fay, late of Regis Greenmount, 22 Coongan Avenue, Greenmount, who died on 10 December 2022 (DE19991863 EM36). Price, Doreen Job (also known as Doreen Price), formerly of 14 Hainsworth Avenue, Girrawheen, late of Juniper John Bryant Residential Aged Care, 95 Rawlinson Drive, Marangaroo, who died on 2 January 2023 (DE33098736 EM36). Slater, Annie, late of Lyneham Hostel Aged Care, 7 Lyneham Place, Bassendean, who died on 4 June 2022 (PM33123423 EM27). Stringer, Heather Dawn, formerly of Unit 28, 10 Roebuck Drive, Salter Point, late of Baptistcare Gracewood, 18-20 Roebuck Drive, Salter Point, who died on 31 December 2022 (DE19913933 EM37). Swinny, Owen Valentine, late of Bethanie Beachside Aged Care, 629 Two Rocks Road, Yanchep, who died on 4 July 2022 (PM33160692 EM27). BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212. ——————————— ZZ501 DISPOSAL OF UNCOLLECTED GOODS ACT 1970 s. 9(1)(b) or 12(1)(b) and (c) and 26(1)(b), (2) and (4) NOTICE UNDER PART III OF INTENTION TO SELL OR OTHERWISE DISPOSE OF GOODS To Daniel D'Souza of 5a Rankin Way, Booragoon WA 6154, Bailor NOTICE

1. You were given notice on 22nd February 2022 that the following goods Santana 21 Sailing Boat, situated at Jervoise Bay Sailing Club are now ready for collection by you.
2. The goods are goods to the value of $3000 to which Part III of the Act applies.
3. It is intended to sell or dispose of the goods in accordance with the Act unless not more than 1 month from the date of giving of this notice you either— (a) make payment of monies owed and take redelivery of the goods or give directions for their redelivery; or (b) give notice in writing to The Secretary, Jervoise Bay Sailing Club—secretary@jbsc.org.au (Bailee) that you claim the goods exceed $3 500 in value. ———————————