Section 1 - Shire of Bridgetown-Greenbushes Cats Local Law 2019 - Shire of Bridgetown-Greenbushes Cats Local Law 2019 | Zoe
12 February 2019 GOVERNMENT GAZETTE, WA 265
— PART 1 —
JUSTICE
JU301
Criminal Procedure Act 2004
Fines, Penalties and Infringement Notices Enforcement Act 1994
Justice Regulations Amendment (Road
Passenger Services) Regulations 2019
Made by the Governor in Executive Council.
Part 1 — Preliminary
Citation
These regulations are the Justice Regulations Amendment (Road
Passenger Services) Regulations 2019.
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 the day after that day.
Part 2 — Criminal Procedure Regulations 2005
amended
Regulations amended
This Part amends the Criminal Procedure Regulations 2005.
Schedule 1A amended
In Schedule 1A insert in alphabetical order:
Transport (Road Passenger Services) Act 2018
266 GOVERNMENT GAZETTE, WA 12 February 2019
Part 3 — Fines, Penalties and Infringement Notices
Enforcement Regulations 1994 amended
5. Regulations amended
This Part amends the Fines, Penalties and Infringement Notices
Enforcement Regulations 1994.
6. Schedule 1 amended
In Schedule 1 insert in alphabetical order:
Transport (Road Passenger Services) Act 2018
R. NEILSON, Clerk of the Executive Council.
LOCAL GOVERNMENT
LG301
CAT ACT 2011
LOCAL GOVERNMENT ACT 1995
Shire of Bridgetown-Greenbushes
CATS LOCAL LAW 2019
Under the powers conferred by the Cat Act 2011, the Local Government Act 1995 and
all other powers enabling it, the Council of the Shire of Bridgetown-Greenbushes
resolved on 31 January 2019 to make the following local law.
PART 1—PRELIMINARY
1.1 Title
This is the Shire of Bridgetown-Greenbushes Cats Local Law 2019.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the
Government Gazette.
1.3 Repeal
The Shire of Bridgetown-Greenbushes Keeping and Welfare of Cats Local Law 2010
as published in the Government Gazette on 11 November 2010 and as amended in
the Government Gazette on 5 August 2011 is repealed.
1.4 Terms used
(1) In this local law, unless the context otherwise requires—
Act means the Cat Act 2011;
applicant means a person who applies for an approval;
application means an application for an approval;
approval means approval under regulation 9 of the Cat (Uniform Local
Provisions) Regulations 2013 and Part 2 of this local law;
approved person means the person to whom an approval is granted;
authorised person means a person appointed by the local government to
perform the functions conferred on an authorised person under this local
law;
cat has the meaning given to it in the Act;
CEO means the Chief Executive Officer of the local government;
district means the district of the local government;
local government means the Shire of Bridgetown-Greenbushes;
local planning scheme means a local planning scheme made by the local
government under the Planning and Development Act 2005;
12 February 2019 GOVERNMENT GAZETTE, WA 267
nuisance means where the behaviour of a cat—
(a) results in 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) causes an unreasonable interference with the use and enjoyment of a
person of his or her ownership or occupation of land; or
(c) causes interference which results in material damage to land or other
property on the land affected by the interference.
owner has the meaning given to it in the Act;
premises has the meaning given to it in the Act; and
veterinarian has the meaning given to it in the Act.
(2) A term that is used in this local law and is not defined in subclause (1) has the
same meaning given to it in the Act or, if not defined in the Act, the same meaning
given to it in the Cat Regulations 2012, the Cat (Uniform Local Provisions)
Regulations 2013 or the Local Government Act 1995.
1.5 Application
This local law applies throughout the district.
PART 2—NUMBER OF CATS THAT MAY BE KEPT
2.1 Interpretation
For the purposes of applying this Part, a cat does not include a cat less than
6 months old.
2.2 Prescribed premises
For the purposes of the definition of prescribed premises in regulation 4(1) of the
Cat (Uniform Local Provisions) Regulations 2013, this local law limits the number of
cats that may be kept at any premises within the district except—
(a) a cat management facility operated by a body prescribed as a cat
management facility operator under the Cat Regulations 2012;
(b) a cat management facility operated by the local government;
(c) a veterinary clinic or veterinary hospital as defined under section 2 of the
Veterinary Surgeons Act 1960, but only in relation to cats kept on those
premises for treatment; or
(d) a commercial cat boarding facility which is subject of a valid planning
approval granted under a local planning scheme.
2.3 Standard number of cats
For the purposes of the definition of standard number of cats in regulation 4(1) of
the Cat (Uniform Local Provisions) Regulations 2013, no more than 3 cats may be
kept on premises at which a member of a cat organisation is not ordinarily resident.
2.4 Application for approval
(1) An application for approval to keep an additional number of cats at prescribed
premises is dealt with in regulation 8 of the Cat (Uniform Local Provisions)
Regulations 2013.
(2) An application for approval must be accompanied by the application fee
determined by the local government in accordance with section 6.16 to 6.19 of the
Act.
2.5 Determining an application
(1) For the purpose of determining whether to grant approval for an application to
keep an additional number of cats (more than the standard number of cats) at
prescribed premises, the local government may have regard to—
(a) the zoning of the land under the local planning scheme;
(b) the physical suitability of the premises for the proposed 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 an
occupier 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 proposed use; and
(h) any other factors which the local government considers to be relevant in the
circumstances of the application.
(2) An approval is to be in the form determined by the CEO and is to be issued to the
approved person.
268 GOVERNMENT GAZETTE, WA 12 February 2019
2.6 Conditions
(1) For the purpose of ensuring that the premises to which an application relates are
suitable for the additional number of cats, the local government may impose any
condition that it considers to be reasonably necessary for that purpose, including—
(a) 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);
(b) that there must be adequate space for the exercise of the cats;
(c) that, in the case of multiple dwellings where there is no suitable dividing
fence, each current occupier of the adjoining multiple dwellings must give
their written consent to the approval; and
(d) that, without the consent of the local government, the approved person must
not substitute or replace any cat that dies or is permanently removed from
the premises.
(2) An approved person who does not comply with a condition of the approval,
commits an offence.
Penalty: a fine of $5,000.
2.7 Renewal of an application
(1) An application is to be renewed if—
(a) the approved person has not breached the conditions of the approval;
(b) the approval would have been granted if a fresh application for approval had
been made; and
(c) the renewal fee, imposed and determined by the local government under
sections 6.16 to 6.19 of the Local Government Act 1995, is paid to the local
government before the expiry of the approval.
(2) On the renewal of an approval, the conditions of the approval that applied
immediately before the renewal continue to have effect.
2.8 Transfer of an approval
(1) An approval relates only to the premises specified in the approval, and only to the
approved person specified in the approval, and is transferrable only in accordance
with this clause.
(2) An application for the transfer of an approval from the approved person to
another person must be—
(a) made in the form determined by the CEO;
(b) made by the proposed transferee;
(c) made with the consent of the approved person; and
(d) lodged with the local government together with the fee for the application for
the transfer of an approval that is imposed and determined by the local
government under sections 6.16 to 6.19 of the Local Government Act 1995.
(3) The local government is not to determine an application for the transfer of an
approval until the proposed transferee has complied with subclause (2).
(4) The local government may grant, or refuse to grant an application for the
transfer of an approval, and any approval will be subject to such conditions as the
local government may impose under Regulation 9(3) of the Cat (Uniform Local
Provisions) Regulations 2013.
(5) Where the local government grants an application for the transfer of an
approval—
(a) it is to issue to the transferee an approval in the form determined by the
CEO; and
(b) on the date of approval, unless otherwise specified in the approval, the
transferee becomes the approved person for the purposes of this local law.
2.9 Variation or cancellation of an approval
(1) The local government may, at any time, vary the conditions of an approval by
giving written notice to the permit holder and specifying the date on which the
changes will become effective.
(2) The local government may cancel an approval—
(a) on the request of the approved person;
(b) if the approved person breaches the Act, the Cat Regulations 2012, the Cat
(Uniform Local Provisions) Regulations 2013 or this local law; or
(c) if the approved person is not a fit and proper person to provide for the health
and welfare of the cats.
(3) If an approval is cancelled, the fee paid for the approval is not refundable for the
term of the approval that has not yet expired.
12 February 2019 GOVERNMENT GAZETTE, WA 269
2.10 Objection and review rights
A decision of the local government made under clauses 2.7, 2.8 or 2.9 is a decision to
which Division 1, Part 9 of the Local Government Act 1995 applies.
PART 3—ENFORCEMENT
3.1 Infringement notices
(1) An offence against clause 2.6(2) is a prescribed offence for the purposes of
section 62(1) of the Act and the modified penalty for the offence is a fine of $200.
(2) The form of an infringement notice is Form 6 in the Cat Regulations 2012,
Schedule 1.
(3) The form of withdrawal of the infringement notice is Form 7 in the Cat
Regulations 2012, Schedule 1.
3.2 Objection: prescribed form
The form of an objection under clause 2.10 is Form 8 in the Cat Regulations 2012,
Schedule 1.
————
Dated: 31 January 2019.
The Common Seal of the Shire of Bridgetown-Greenbushes was affixed by authority
of a resolution of the Council in the presence of—
Cr ANTONINO PRATICO, Shire President.
TIM CLYNCH, Chief Executive Officer.
———————————
LG302
BUSH FIRES ACT 1954
LOCAL GOVERNMENT ACT 1995
City of Mandurah
BUSH FIRES BRIGADES AMENDMENT LOCAL LAW 2018
Under the powers conferred by the Bush Fires Act 1954, the Local Government
Act 1995 and under all other powers enabling it, the Council of the City of Mandurah
resolved on 29 January 2019 to make the following local law.
Citation
This local law may be cited as the City of Mandurah Bush Fires Brigades
Amendment Local Law 2018.
Commencement
This local law comes into operation 14 days following the date of its publication in
the Government Gazette.
Principal local law amended
This local law amends the City of Mandurah Bush Fires Brigades Local Law 2010 as
published in Government Gazette No. 43 of 22 March 2011.
Clause 1.2 amended
In clause 1.2—
(a) Delete the definition for “Authority”;
(b) Insert the following definition in alphabetical order—
“Department means the Department of Fire and Emergency Services of
Western Australia;”; and
(c) In the definition for “Bush Fire Operating Procedures” delete
“Authority” and replace with “Department”.
Clause 3.10 amended
In clause 3.10 (2)—
(a) Delete subclause 3.10 (2) (c); and
(b) Following subclause 3.10 (2) (b) insert—
“following their receipt under subclause (1)”
on a new line so that it applies to (a) and (b).
Clause 4.4 amended
In subclause 4.4(f) delete “Authority’s” and replace with “Department’s”.
270 GOVERNMENT GAZETTE, WA 12 February 2019
7. Clause 4.5 amended
In clause 4.5 delete subclause (2).
8. Clause 6.3 amended
In subclause 6.3—
(a) Delete “first week in December” and replace with “31 March”; and
(b) Delete “Authority” and replace with “Department”.
9. Schedule 1, Part 2 amended
In Schedule 1, Part 2—
(a) Delete clause 2.4;
(b) After clause 2.3 insert—
2.4 Applications for membership
An application for membership is to be in writing and is to be submitted
to the Secretary in the form approved by the Brigade.;
(c) In subclause 2.6 delete each reference to “Authority” and replace with
“Department”;
(d) In subclause 2.11 (c) delete “has the right of objection to the local
government which may dispose of the objection by—
(i) dismissing the objection;
(ii) varying the decision objected to; or
(iii) revoking the decision objected to, with or without—
(A) substituting for it another decision; or
(B) referring the matter, with or without directions, for another
decision by the Committee.”; and
(e) Following subclause 2.11 (c) insert—
“has the right of objection to the local government which may dispose of
the objection by—
(i) dismissing the objection;
(ii) varying the decision objected to; or
(iii) revoking the decision objected to, with or without—
(A) substituting for it another decision; or
(B) referring the matter, with or without directions, for
another decision by the Committee.”
on a new line so that it applies to (a), (b) and (c).
10. Schedule 1, Part 3 amended
In Schedule 1, Part 3—
(a) In clause 3.3 delete subclauses 3.3 (l) and (m);
(b) In clause 3.3 insert—
(c) (l) ensure that an incident report is compiled and submitted, in the format
agreed by the Department and local government, within 14 days following
attendance at an incident by the Bush Fire Brigade.; In subclause 3.3 (k)
following “equipment;” insert “and”;
(d) Delete clauses 3.5, 3.6, 3.7, 3.8, 3.9, 3.10 and 3.11;
(e) After clause 3.4 insert the following clause—
“3.5 Equipment Officer
The Equipment Officer is responsible for the custody and maintenance
of protective clothing, equipment and appliances of the bush fire
brigade.”
11. Schedule 1, Part 4 amended
In Schedule 1, Part 4—
(a) In subclause 4.1 (2) insert the following paragraph—
(f) to invest or place on deposit any of the funds of the bush fire brigade
not immediately required to perform the normal brigade functions; ;
and
(b) Renumber the remaining subclauses accordingly.
12. Schedule 1, Part 5 amended
In Schedule 1, Part 5—
(a) In clause 5.3 (2) insert the following paragraph—
“(d) appoint an Auditor for the ensuing financial year in accordance with
clause 5.6;”;
(b) Renumber the remaining paragraphs accordingly; and
12 February 2019 GOVERNMENT GAZETTE, WA 271
(c) After clause 5.5 insert the following subclause—
“5.6 Auditor
(1) At the annual general meeting a person, not being a brigade member,
is to be appointed as the Auditor of the bush fire brigade for the ensuing
financial year.
(2) The Auditor is to audit the accounts of the bush fire brigade not less
than 7 days before the annual general meeting and is to certify to their
correctness or otherwise and present a report at the annual general
meeting,”.
13. Schedule 1, Part 6 amended
In Schedule 1, Part 6, clause 6.2 delete the words “50 percent of Committee
members” and replace with “3 Brigade Officers”.
14. Schedule 1, Part 7 amended
In Schedule 1, Part 7 delete subclause 7.1.
15. Schedule 1, APPENDIX II amended
In Schedule 1 delete APPENDIX II.
16. Schedule 1, APPENDIX III amended
In Schedule 1 delete APPENDIX III.
17. Schedule 1, APPENDIX IV amended
In Schedule 1 delete APPENDIX IV.
————
Dated: 7 February 2019.
The Common Seal of the City of Mandurah was affixed by authority of a resolution of
the Council in the presence of—
RHYS JOHN WILLIAMS, Mayor.
MARK ROBERT NEWMAN, Chief Executive Officer.
TREASURY AND FINANCE
TR301
Taxation Administration Act 2003
Taxation Administration Amendment
Regulations 2019
Made by the Governor in Executive Council.
Citation
These regulations are the Taxation Administration Amendment
Regulations 2019.
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.
272 GOVERNMENT GAZETTE, WA 12 February 2019
3. Regulations amended
These regulations amend the Taxation Administration
Regulations 2003.
4. Regulation 13I inserted
After regulation 13H insert:
13I. Disclosure of information to administrative
authorities for the Rates and Charges (Rebates and
Deferments) Act 1992 (s. 114(3)(g))
(1) In this regulation —
administrative authority has the meaning given in the
Rates and Charges (Rebates and Deferments) Act 1992
section 3(1).
(2) For the purposes of section 114(3)(g) of the Act, the
Commissioner may, for a purpose related to the
administration of the Rates and Charges (Rebates and
Deferments) Act 1992, disclose to an administrative
authority information or material about the affairs of a
person that was disclosed to or obtained by the
Commissioner under the Land Tax Assessment
Act 2002.
R. NEILSON, Clerk of the Executive Council.
———————————
12 February 2019 GOVERNMENT GAZETTE, WA 273
— PART 2 —
CONSUMER PROTECTION
CP401
ASSOCIATIONS INCORPORATION ACT 2015
ORDER TO CANCEL INCORPORATION
Shark Bay Sport and Recreation Association Incorporated—A1014297U
On 27 August 2018 the Commissioner for Consumer Protection (Commissioner) served a notice on
Shark Bay Sport and Recreation Association Incorporated—A1014297U (Association) pursuant to
section 145(1) of the Associations Incorporation Act 2015 (Act) informing it that if it did not show
cause on or before 60 days after the day on which the notice was given (Allowed Period) the
incorporation of the Association would be cancelled.
The Association did not show cause within the Allowed Period.
On 27 November 2018 the Commissioner gave notice in writing to the Association pursuant to
section 147(2) of the Act stating that the Commissioner proposed to make an order cancelling the
incorporation of the Association after the expiration of 28 days from the day on which the notice was
given and advising the Association that it could apply to the State Administrative Tribunal (SAT) for
a review of the Commissioner’s proposal within this period.
The Association did not apply to SAT for a review within the period specified.
Therefore, pursuant to section 147(1) of the Act, the Commissioner orders that the incorporation of
the Association be cancelled with effect on and from the date of this order.
LAILY YASSIN, Acting Manager Associations and Charities
for Commissioner for Consumer Protection.
Dated: 1 February 2019.
JUSTICE
JU401
PROFESSIONAL STANDARDS ACT 1997
AUSTRALIAN COMPUTER SOCIETY PROFESSIONAL STANDARDS SCHEME
I, John Quigley MLA, Attorney General; Minister for Commerce, pursuant to section 26 of the
Professional Standards Act 1997 WA (the Act), authorise the publication of the Australian Computer
Society Professional Standards Scheme (the Scheme) submitted to me by the Professional Standards
Council of New South Wales pursuant to the mutual recognition provisions of the New South Wales
and Western Australian professional standards legislation. The Scheme is published with this
authorisation and commences on 1 January 2019. The Scheme remains in force for a period of 5 years
from its commencement unless the Scheme is revoked, extended, or its operation ceases as specified
in the Act.
Hon JOHN QUIGLEY MLA; Attorney General;
Minister for Commerce.
Dated: 21 January 2019.
————
THE AUSTRALIAN COMPUTER SOCIETY PROFESSIONAL STANDARDS SCHEME
Professional Standards Act 1994 (NSW)
PREAMBLE
A. The Australian Computer Society Inc (ACS) is an occupational association.
B. The ACS has made an application to the Professional Standards Council, appointed under the
Professional Standards Act 1994 (NSW) (the Act), for the approval of a scheme under the Act as
set out in this document.
C. The scheme is prepared by the ACS for the purposes of limiting occupational liability to the
extent to which such liability may be limited under the Act.
274 GOVERNMENT GAZETTE, WA 12 February 2019
D. The scheme propounded by the ACS is to apply to all Certified Professional Members of the ACS.
E. The ACS has furnished the Council with a detailed list of the risk management strategies
intended to be implemented in respect of its members and the means by which those strategies
are intended to be implemented.
F. The scheme is intended to commence in New South Wales on 1 January 2019 and remain in force
for five (5) years from its commencement unless, prior to that time, it is revoked, its operation
ceases, or it is extended pursuant to the applicable legislation of the relevant jurisdiction.
G. Unless otherwise defined in this scheme, terms used in the scheme have the meaning given in the
Act.
H. The scheme is intended to apply in all states and territories of Australia.
THE AUSTRALIAN COMPUTER SOCIETY PROFESSIONAL STANDARDS SCHEME
1 Occupational association
1.1 The Australian Computer Society Professional Standards Scheme (the scheme) is a scheme under
the Act prepared by the Australian Computer Society Inc (ACS) whose national office address is
Tower One, International Towers, 100 Barangaroo Ave, Sydney, NSW, 2000.
2 Persons to Whom the Scheme Applies
2.1 The scheme will apply to ACS members who are Certified Professional Members. A Certified
Professional Member is defined as a member of ACS with a current ‘Certified Professional’
certification from ACS. A list of Members participating in the ACS Professional Standards Scheme
will be published on the ACS web site.
2.2 A person referred to in clause 2.1 may, on application, be exempted from participation in the
scheme by the ACS with effect from the date specified by the ACS.
3 Jurisdiction
3.1 The scheme applies in New South Wales in accordance with the Act.
3.2 In addition to New South Wales, the scheme is intended to operate in the Australian Capital
Territory, the Northern Territory, Queensland, South Australia, Tasmania, Victoria, and Western
Australia, in accordance with the professional standards legislation of those states and territories.
4 Limitation of liability
4.1 This scheme only affects the liability for damages arising from a single cause of action to the
extent to which the liability results in damages exceeding $2,000,000.
4.2 This scheme limits the occupational liability in respect of a cause of action founded on an act or
omission occurring during the period when the scheme was in force of any person to whom the scheme
applied at the time the act or omission occurred.
4.3 If a person, who was at the time of the act or omission giving rise to occupational liability, a
person to whom the scheme applied and against whom a proceeding relating to occupational liability
is brought, is able to satisfy the court that such person has the benefit of an insurance policy—
(a) of a kind which complies with the standards determined by the ACS;
(b) insuring such person against that occupational liability; and
(c) under which the amount payable in respect of that occupational liability is not
less than the monetary ceiling specified in this scheme,
that person is not liable in damages in relation to that cause of action above the monetary ceiling
specified in this scheme.
4.4 The monetary ceiling is $2.0 million.
4.5 Clause 4.3 only affects liability for damages arising from a single cause of action to the extent to
which the liability results in damages exceeding the amount of damages specified in clause 4.1.
4.6 Notwithstanding anything to the contrary contained in this scheme if, in particular circumstances
giving rise to occupational liability, the liability of any person who is subject to this scheme is capped
both by this scheme and also by any other scheme under professional standards legislation (whether
of this jurisdiction or under the corresponding law of any other Australian state or territory) and, if
the amount of such caps should differ, then the cap on the liability of such person arising from such
circumstances which is higher shall be the applicable cap.
5 Discretionary authority
5.1 This scheme confers on the ACS a discretionary authority to specify, on application by a person to
whom the scheme applies, in relation to that person, a higher maximum amount of liability not
exceeding $10 million, in relation to that person either in all cases or in any specified case or class of
case.
6 Duration
6.1 This scheme will commence in New South Wales, the Northern Territory, Tasmania, Western
Australia, Victoria and Queensland on 1 January 2019.
6.2 In the Australian Capital Territory and in South Australia, the scheme will commence—
(a) on the date provided for in the Minister’s notice in relation to the scheme, if a date is
provided; or
(b) on the first day two months after the day on which notice was given, in any other case.
12 February 2019 GOVERNMENT GAZETTE, WA 275
6.3 This scheme will be in force in New South Wales for five years from the date of commencement in
that jurisdiction.
6.4 For any other jurisdiction, the scheme will be in force for—
(a) 5 years from the date of commencement in that jurisdiction; or
(b) 5 years from the date of commencement in New South Wales;
whichever period ends first.
6.5 Clauses 6.3 and 6.4 are subject to the provisions of each jurisdiction applicable to the revocation,
extension or cessation of schemes.
———————————
JU402
JUSTICES OF THE PEACE ACT 2004
APPOINTMENTS
It is hereby notified for public information that the Governor in Executive Council has approved of the
following to the Office of Justice of the Peace for the State of Western Australia—
Kelly Ann Finlay of Darch
Zoran Coseski of Marangaroo
MICHAEL JOHNSON, A/Executive Director,
Court and Tribunal Services.
LOCAL GOVERNMENT
LG401
LOCAL GOVERNMENT ACT 1995
City of Swan
BASIS OF RATES
I, Michael Connolly, 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 29 January 2019, determined that the method of valuation to
be used by the City of Swan 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 134 as shown on Plan 3551.
MICHAEL CONNOLLY, Deputy Director General, Regulation,
Department of Local Government, Sport and Cultural Industries.
———————————
LG402
LOCAL GOVERNMENT ACT 1995
Shire of Denmark
BASIS OF RATES
I, Michael Connolly, 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 31 January 2019 determine that the method of valuation to be
used by the Shire of Denmark, 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 Strata Lot 5 as shown on Strata Plan 61423.
MICHAEL CONNOLLY, Deputy Director General, Regulation,
Department of Local Government, Sport and Cultural Industries.
276 GOVERNMENT GAZETTE, WA 12 February 2019
MINERALS AND PETROLEUM
MP401
PETROLEUM PIPELINES ACT 1969
PETROLEUM PIPELINE LICENCE PL 96
Notice is hereby given that, pursuant to section 53A(1) of the Petroleum Pipelines Act 1969, I, Jared
Andrew Barnett, Team Leader, Resource Tenure of the Department of Mines, Industry Regulation
and Safety, under delegation from the Minister for Mines and Petroleum, intend to correct an obvious
defect in the spatial representation of the operation phase licence area of licence PL 96 by—
Replacing the existing Annexure ‘B’ Figures 1, 2 and 3 with the new Annexure ‘B’ Figures 1
and 2;
Replacing the existing Annexure ‘B’ Table 1 with the new Annexure ‘B’ Table 1;
Insert Annexure ‘B’ (2) Land Tenure Deposit Plan 43810 for Registered Easement M072995;
The Minister will receive matters in writing in connection with this correction for a period of 45 days
from publication of this notice. A map showing details of the proposed correction to the spatial
representation of the licence area may be examined during public office hours at the Department of
Mines, Industry Regulation and Safety, 1st floor Mineral House, 100 Plain Street, East Perth,
Western Australia and on the Department’s website—
http://www.dmp.wa.gov.au/Petroleum/Notice-of-application-for-1613.aspx.
Dated at Perth this 3rd day of December 2018.
Made under the Petroleum Pipelines Act 1969 of the State of Western Australia.
JARED ANDREW BARNETT, Team Leader,
Resource Tenure Division.
PLANNING
PL401
PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
City of Swan
Local Planning Scheme No. 17—Amendment No. 153
Ref: TPS/2298
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 9 January 2019 for the purpose of—
(a) Rezoning a portion of Lot 1 Clayton Street, Bellevue from ‘General Rural’ to ‘Residential’
zone, with a density coding of ‘R20’.
(b) Modify the Scheme Maps accordingly.
D. LUCAS, Mayor.
M. FOLEY, Chief Executive Officer.
———————————
PL402
PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
City of Fremantle
Local Planning Scheme No. 4—Amendment No. 63
Ref: TPS/2135
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 Fremantle Local Planning
Scheme amendment on 2 February 2019 for the purpose of—
a. Insert the following in 5.1 Operation of special control areas after 5.1.1 (f) and amend
formating of list—
(g) Special Control Area provisions for small infill development as designated on the
scheme map as ‘SCA 5.7’.
12 February 2019 GOVERNMENT GAZETTE, WA 277
b. Insert the following after 5.6 O’Conner Industrial Interface clause 5.6.5—
5.7 Special control area provisions for small infill development.
5.7.1 Notwithstanding the minimum and average site area and plot ratio requirements of
clause 5.1.1, 6.1.1, table 1 and table 4 of the Residential Design Codes, Council may, at its
discretion, grant development approval for the development of a Grouped Dwelling(s) and/or
Multiple Dwelling(s) on a lot with a density coding of R35 or lower in the areas defined on the
map as ‘SCA 5.7’ where the lot is over 600m2 in size and the development complies with all
the following criteria—
(a) Any new dwelling shall have up to a maximum floor area of 120m2.
(b) A maximum of three dwellings, including any existing dwelling(s), on lots over 750m2,
one additional dwelling for every 150m2 in excess of 750m2 may be approved.
(c) A maximum of one vehicle parking bay shall be provided for each new dwelling and a
maximum of two car bays shall be provided for any existing dwelling on the
development site.
(d) Notwithstanding sub-clause 5.7.1 (c), a nil vehicle parking requirement may be
permitted where one small dwelling within a development achieves a floor area of 60m2
of less.
(e) Visitor parking shall not be provided for development less than 5 dwellings.
(f) A minimum of 70% open space, as defined by the R-Codes, shall be provided over the
entire development site unless otherwise provided for in a local planning policy.
(g) A minimum 25% of the development site area shall be provided as a deep planting zone
unless otherwise provided for in a local planning policy. The deep planting zone can be
included as part of the open space for the development and 50% of the deep planting
zone must be provided on the rear portion of the site unless otherwise provided for in a
local planning policy.
(h) A minmum of one tree, to Council specification, is required to be retained or planted in
the deep planting zone on the site.
5.7.2 The requirements detailed in clause 5.7.1 are not capable of variation under
clause 4.8.2.1.
5.7.3 For the purposes of sub-clause 5.7.1(g), deep planting zone: means an area of the lot for
the exclusive use of supporting plant life. The deep planting zone shall—
Be landscaped, water permeable, unpaved and uncovered.
Be a minimum length and width dimension of 3.0 metres.
Not be used for vehicle parking or access.
Contain no buildings, patios, pergolas, swimming pools or external fixtures.
5.7.4 In dealing with the subdivision of land designated on the scheme map as ‘SCA 5.7’, and
where approval has been previously granted under Clause 5.7.1, the City may support
subdivision provided development has been constructed to plate height in accordance with a
development approval granted by the relevant authority.
5.7.5 Notwithstanding the permitted development requirements under Clause 4.3.5 and
Schedule A Supplemental Provisions to the Deemed Provisions Clause 61 (m), a Small
Secondary Dwelling will not be permitted or granted planning approval on the same lot as a
development approved under 5.7.1.
5.7.6 Nothwithstanding the requirements of Regulation 61 (1) of the Planning and
Development (Local Planning Schemes) Regulations 2015 and Schedule A—Supplemental
Provisions to the Deemed Provisions, development approval is required for buildings,
outbuildings, pergolas, verandas, patios, carports and garages for land designated on the
scheme map as ‘SCA 5.7’ where approval has been previously granted under Clause 5.7.1.
5.7.7 Clause 5.7 and associated sub-clauses shall cease to have effect on the date of the fifth
anniversary after publication in the Gazette of the amendment introducing those provisions
into the scheme.
c. Insert the following words into 6.12 Schedule A—Supplementary provisions to the deemed
provisions clause 78B Advisory Committees (6) b in between ‘zones’ and ‘without’—
‘or a development application proposed under clause 5.7 Special control area provisions for
small infill development’.
d. Amend the scheme map to—
Apply Special Control Area “SCA 5.7’ to residential zoned land as shown on the proposed
Scheme Map with an inwards triangled red border;
Include a Special Control Area designation on the Scheme Legend with an inwards
triangled red border; and
Natate on the scheme map legend ‘SCA 5.7—Small Infill Development Areas, refer to
Clause 5.7 for development requirements.’
e. Update the Contents Page and renumber pages as required.
B. PETTITT, Mayor.
P. ST JOHN, Chief Executive Officer.
278 GOVERNMENT GAZETTE, WA 12 February 2019
PREMIER AND CABINET
PR401
INTERPRETATION ACT 1984
MINISTERIAL ACTING ARRANGEMENTS
It is hereby notified for public information that the temporary appointment by the Governor, in
accordance with section 12(c) of the Interpretation Act 1984, of the Hon S. F. McGurk MLA as
Minister for Water; Fisheries; Forestry; Innovation and ICT; Science during the period 23 to
28 February 2019 (both dates inclusive), has been cancelled.
This notice supersedes acting arrangements relating to the above office that were published in
Government Gazette No. 3 of 11 January 2019.
D. FOSTER, Director General,
Department of the Premier and Cabinet.
DECEASED ESTATES
ZX401
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Estate of Dorothy May Hawkins, late of 9 Thor Street, Innaloo, 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 28 December 2016, are required by the Executors
Thomas Harry Byrne and Ronald Olding Hawkins, c/- Furstenberg Solicitors & Notaries,
PO Box 3060, Joondalup WA 6027 to send particulars of their claims to them by 18 March 2019,
after which date the Executor may convey or distribute the assets of the estate, having regard only to
the claims of which he then has notice.
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ZX402
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Veronica Maria Archer, late of 24 Chester Street, South Fremantle, 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 8 September 2018, are required by the Executor,
Mario Antonio Silipo, care of Owen & Plaistowe, PO Box 127, Northbridge WA 6865 to send
particulars of their claim by 15 March 2019, after which date the Executor may convey or distribute
the assets, having regard only to the claims of which he then has notice.
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ZX403
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Rodney Noel Grey, late of 28 Stephenson Gardens, Winthrop, 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 20 November 2018, are required by the executors,
Brett Charles Owen and Dawn Lee Mitchell to send particulars of their claims to Tolson & Co
Solicitors, PO Box 3050, East Perth WA 6892 within one 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.
12 February 2019 GOVERNMENT GAZETTE, WA 279
ZX404
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
In the Estate of Edward John Williamson late of Bethanie Waters, 18 Olivenza Crescent Port
Kennedy, Western Australia and formerly of 13 Mariner Place, Cooloongup in the said State, Civil
Engineer, 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 Edward John Williamson, who died on 10 April 2018, are
required by the Personal Representative, Alison Frances Gibson of 20 Ernest Street, Safety Bay,
Western Australia to send particulars of their claims to her by the date being one month from the
publication of this notice, after which date the Personal Representative may convey or distribute the
assets, having regard only to the claims of which she then has notice.
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