Shire of Kent - Adoption of Amendment Local Law

2551 ISSN 2204-4264 (online) PERTH, TUESDAY, 29 OCTOBER 2024 No. 131 PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CONTENTS Page Community and Child Services ......................................................................................................... 2553 Consumer Protection ......................................................................................................................... 2554 Energy ................................................................................................................................................ 2555 Local Government .............................................................................................................................. 2555 Minerals and Petroleum .................................................................................................................... 2558 Public Notices..................................................................................................................................... 2559 Racing, Gaming and Liquor .............................................................................................................. 2559

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29 October 2024 GOVERNMENT GAZETTE, WA 2553 COMMUNITY AND CHILD SERVICES CN401 CHILDREN AND COMMUNITY SERVICES ACT 2004 ABORIGINAL STRATEGIC ADVISORY GROUP—ADVISORY BODY FOR THE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF COMMUNITIES (AMENDMENT) INSTRUMENT 2024 Made by the Minister under section 27 of the Children and Community Services Act 2004. Citation

1. This instrument may be cited as the Aboriginal Strategic Advisory Group—Advisory Body for the Chief Executive Officer of the Department of Communities (Amendment) Instrument 2024. Amendment of Instrument
2. This instrument amends the Aboriginal Strategic Advisory Group—Advisory Body for the Chief Executive Officer of the Department of Communities (Establishment and Appointment) Instrument 2022 pursuant to section 27(6) of the Children and Community Services Act 2004. Clause 4 amended
3. Clause 4.1 of the Aboriginal Strategic Advisory Group—Advisory Body for the Chief Executive Officer of the Department of Communities (Establishment and Appointment) Instrument 2022 is deleted and substituted by the following— Each of the persons listed in Table A below is appointed as a member of the Aboriginal Strategic Advisory Group pursuant to section 27 of the Children and Community Services Act 2004 for a term of 2 years commencing on 1 November 2024 and concluding on 31 October

TABLE A

1. Ms Denise Andrews
2. Ms Tracey Brand
3. Ms Jodie Clarke
4. Mr Devon Cuimara
5. Mr Tony Hansen
6. Ms Patricia Hayward
7. Ms Cheryle James-Wallace
8. Ms Leanne Kickett
9. Ms Leanne Lockyer
10. Mr Neil Marshall
11. Mr Ian Trust AO
12. Mr Ronald Villaflor
13. Clause 4.2 of the Aboriginal Strategic Advisory Group—Advisory Body for the Chief Executive Officer of the Department of Communities (Establishment and Appointment) Instrument 2022 is deleted and substituted by the following— Each of the persons listed in Table B below is appointed as a member of the Aboriginal Strategic Advisory Group pursuant to section 27 of the Children and Community Services Act 2004 for a term commencing on 1 November 2024 and concluding on 30 June 2025. TABLE B
14. Ms Irene (Mary) Davey
15. Ms Nikita Hawke
16. Ms Pamela Thorley
17. Mr Preston Thomas Dated 21 October 2024. Hon. SABINE WINTON, MLA, Minister for Early Childhood Education; Child Protection; Prevention of Family and Domestic Violence; Community Services.

2554 GOVERNMENT GAZETTE, WA 29 October 2024 CONSUMER PROTECTION CP401 ASSOCIATIONS INCORPORATION ACT 2015 REINSTATEMENT OF INCORPORATION [Part 10, Division 4, s.151] Notice is hereby given that the incorporation of THE HOUND CLUB OF W.A. (INC)—A0822984L which was cancelled on 20 February 2006 is reinstated pursuant to section 151 of the Associations Incorporation Act 2015. Dated 24 October 2024. Signed by— DAVID MORRIS, Manager Associations and Charities for Commissioner for Consumer Protection. ——————————— CP402 RETAIL TRADING HOURS ACT 1987 RETAIL TRADING HOURS (REGIONAL CHRISTMAS & PUBLIC HOLIDAY) VARIATION ORDER 2024 Made by the Minister for Commerce under section 12E of the Act.

1. Citation This order is the Retail Trading Hours (Regional Christmas & Public Holiday) Variation Order 2024.
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) During the period commencing on 7 December 2024 and ending on 15 December 2024 (both dates inclusive) and the period commencing on 26 December 2024 and ending on 31 December 2024 (both dates inclusive), general retail shops in the Beverley, Carnamah, Collie, Coorow, Dowerin, Gnowangerup, Harvey, Lake Grace, Mandurah, Merredin, Morawa, Plantagenet, Wagin, Wongan- Ballidu and Wickepin local government districts are authorised to be open at times when those shops would otherwise be required closed— (a) on each Monday, Tuesday, Wednesday, Thursday and Friday from 8.00am to 9.00pm; and (b) on each Saturday, Sunday and public holiday from 8.00am to 6.00pm. (2) During the period commencing on 16 December 2024 and ending on 24 December 2024 (both dates inclusive), general retail shops, other than motor vehicle shops, in the Beverley, Carnamah, Collie, Coorow, Dowerin, Gnowangerup, Harvey, Lake Grace, Mandurah, Merredin, Morawa, Plantagenet, Wagin, Wongan-Ballidu and Wickepin local government districts are authorised to be open at times when those shops would otherwise be required to be closed— (a) on each Monday, Tuesday, Wednesday, Thursday and Friday from 7.00am to 9.00pm; and (b) on each Saturday and Sunday from 8.00am to 6.00pm.
4. Variation of retail trading hours for public holidays in 2025 General retail shops, other than motor vehicle shops, in the Beverley, Carnamah, Collie, Coorow, Dowerin, Gnowangerup, Harvey, Lake Grace, Mandurah, Merredin, Morawa, Plantagenet, Wagin, Wongan-Ballidu and Wickepin local government districts are authorised to be open at times when those shops would otherwise be required to be closed, on the days and during the periods referred to in the table. Table Wednesday 1 January 2025 From 8.00am until 6.00pm Monday 27 January 2025 From 8.00am until 6.00pm Monday 3 March 2025 From 8.00am until 6.00pm Monday 21 April 2025 From 8.00am until 6.00pm Monday 2 June 2025 From 8.00am until 6.00pm Monday 29 September 2025 From 8.00am until 6.00pm

29 October 2024 GOVERNMENT GAZETTE, WA 2555 5. Relationship to standing orders This order has effect despite the Retail Trading Hours (City of Mandurah) Variation Order 2022 and the Retail Trading Hours (Shire of Collie) Variation Order 2016. 6. Part disapplication This order does not affect the operation of the Retail Trading Hours (Australind) Exemption Order 2009, the Retail Trading Hours (Shire of Harvey) Variation Order 2012, the Retail Trading Hours (Shire of Merredin) Variation Order 2016 or the Retail Trading Hours (Shire of Plantagenet) Variation Order 2017. Hon. SUE ELLERY, MLC, Minister for Commerce. ENERGY EN401 ELECTRICITY INDUSTRY ACT 2004 ELECTRICITY INDUSTRY (WHOLESALE ELECTRICITY MARKET) REGULATIONS 2004 WHOLESALE ELECTRICITY MARKET RULES Market Rules made by the Minister for Energy. I, Mr Reece Whitby, Minister for Energy for the State of Western Australia hereby give notice of market rules made in accordance with regulation 7(5) of the Electricity Industry (Wholesale Electricity Market) Regulations 2004. These market rules may be cited as the Wholesale Electricity Market Amendment (FCESS Cost Review) Rules 2024.and are to commence—

1. The amending rules set out in Schedule 1 come into operation at 8:00 AM (WST) on the day after the day of publication of this notice in the Gazette.
2. The amending rules set out in Schedule 2 come into operation at 8:00 AM (WST) on 20 November 2024.
3. The amending rules set out in Schedule 3 come into operation at 8:00 AM (WST) on 1 February
5. The amending rules set out in Schedule 4 come into operation at 8:00 AM (WST) on 1 March

A copy of the Wholesale Electricity Market Amendment (FCESS Cost Review) Rules 2024.is available on the website of the Coordinator for Energy. Dated at Perth this 24th of October 2024. Hon R. WHITBY MLA, Minister for Energy. LOCAL GOVERNMENT LG401 LOCAL GOVERNMENT ACT 1995 CAT ACT 2011 CEMETERIES ACT 1986 Shire of Kent AMENDMENT LOCAL LAW 2024 Under the powers conferred by the Local Government Act 1995, the Cat Act 2011, and Cemeteries Act 1986 and all other powers enabling it, the Council of the Shire of Kent resolved on 16 October 2024 to adopt the following local law.

1. Citation This local law may be cited as the Shire of Kent Amendment Local Law 2024.
2. Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.

2556 GOVERNMENT GAZETTE, WA 29 October 2024 3. Animals, Environment and Nuisance Local Law 2023 amended The Shire of Kent Animals, Environment and Nuisance Local Law 2023 published in the Government Gazette on 20 November 2023 is amended as follows— (a) in clause 4.7(2) delete the word “of” and replace with the word “or”; (b) in clause 9.2(1)— (i) in subclause (b) insert the word “be” prior to the word “given” (ii) in subclause (d) insert the word “specify” prior to the word “the” (iii) in subclause (e) insert the word “specify” prior to the word “the”; and (c) delete Schedule 1 and replace with— Schedule 1—Prescribed offences [clause 11.3] Item Clause Nature of offence Modified penalty $ 1 5.2 Failure to provide or maintain a refuse receptacle on a building or development site 500 2 5.3 Failure to control refuse on a building or development site 500 3 5.4 Release or escape of dust or liquid waste from land 500 4 5.5 Commencing works involving clearing of land without an approved Dust Management Plan 500 5 5.8(a) Storing, or allow to remain on land, more than one vehicle, vessel or machinery in a state of disrepair 500 6 5.8(b) Storing, or allow to remain on land, any vehicle, vessel or machinery in a state of disrepair for a period in excess of 1 month 500 7 5.8(c) Storing, or allow to remain on land, any vehicle, vessel or machinery parts (including tyres) 500 8 5.8(d)(i) Wreck, dismantle or break up any vehicle part or body, vessel or machinery not inside a building 500 9 5.8(d)(ii) Wreck, dismantle or break up any vehicle part or body, vessel or machinery not behind a sufficient fence or wall 500 10 5.8(e) Wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance 500 11 6.6 Burning of cleared vegetation or other material from a building or development site 500 12 11.3(1) Other offence not elsewhere specified 250 4. Cemeteries Local Law 2023 amended The Shire of Kent Cemeteries Local Law 2023 published in the Government Gazette on 20 November 2023 is amended as follows— (a) in clause 1.5 in the definition of grave cover, after the word “covering” insert the word “of”; (b) in clause 3.1(2) delete the word “and” prior to the word “shall”; and (c) in clause 7.1(1) after the word “resolution” insert the word “of”. 5. Fencing Local Law 2023 amended The Shire of Kent Fencing Local Law 2023 published in the Government Gazette on 20 November 2023 is amended as follows— (a) in clause 2.2(3) delete the words “, the requirements shall be determined by an authorised person”; (b) in clause 3.7 delete the word “or”; and (c) in clause 6.1(2)(c) insert the word “provide” prior to the word “engineering”. 6. Public Places and Local Government Property Local Law 2023 amended The Shire of Kent Public Places and Local Government Property Local Law 2023 published in the Government Gazette on 20 November 2023 is amended as follows— (a) delete clause 4.8; and (b) in Schedule 1 delete Item 10. Dated 17 October 2024. The Common Seal of the Shire of Kent was affixed by authority of a resolution of Council in the presence of— KATE JOHNSTON, President. CHRISTIE SMITH, Chief Executive Officer.

29 October 2024 GOVERNMENT GAZETTE, WA 2557 LG402 BUSH FIRES ACT 1954 LOCAL GOVERNMENT ACT 1995 Shire of Kent BUSH FIRE BRIGADES LOCAL LAW 2024 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 Shire of Kent resolved on 16 October 2024 to make the following local law. The Shire of Pingelly Bush Fire Brigades Local Law 2023 as published in the Government Gazette on 22 August 2023 is adopted as a local law of the Shire of Kent with the following modifications— A. Title In the title of the local law— (a) delete “Pingelly” and replace with “Kent”; (b) delete “2023” and replace with “2024”. PART 1 1.1 Preliminary In Part 1 wherever the “Pingelly” is mentioned substitute “Kent”. 1.2 Clause 1.1—Citation In clause 1.1 delete “2023” and replace with “2024”. 1.3 Clause 1.3—Definitions In clause 1.3(1) in the definition of— (a) “Brigade officer” delete the words “he or she was” and replace with “they were”; and (b) “Local law” delete “2023” and replace with “2024” 1.4 Clause 1.4—Repeal Delete the text of clause 1.4 and replace with— The Shire of Kent Bush Fire Brigades Local law 2023, published in the Government Gazette on 20 November 2023 is repealed. 1.5 Clause 4.2—Operational members Delete clause 4.2 and replace with— 4.2 Operational members Operational members are those persons aged being at least 16 years of age who— (a) if less than 18 years of age— (i) have the written consent of their parent or guardian; and (ii) the brigade captain is satisfied that the person is able to perform the requisite duties; and (b) undertake all normal brigade activities and have completed the required training qualification as determined by the local government. 1.6 Clause 4.4—Cadet members In clause 4.4(b) insert the word “written” prior to the word “consent”. PART 2 - SCHEDULE 1 2.1 Clause 3.1—Chain of command during fire fighting activities In clause 3.1 delete the word “Pingelly” and replace with “Kent”. 2.2 Clause 4.2—Applications for membership Clause 4.2 is amended— (a) the existing text is to be re-numbered as subclause (1); and (b) after subclause (1), insert— (2) The application to join a bush fire brigade is to be in the form as determined by DFES from time to time. 2.3 Clause 4.3—Decision on application for membership In clause 4.3(2) delete the words “he or she has” and replace with the words “they have”. 2.4 Clause 5.2—Termination of membership In clause 5.2(3) delete the words “he or she” and replace with the words “they”. 2.5 Clause 6.1—Annual General Meeting In clause 6.1(3)(b) is delete the words “brigade’s nominee” and replace with the words “determine brigade nominees”. 2.6 Clause 7.5—Termination of membership In clause 7.5(1) delete the words “he or she” and replace with the words “they”.

2558 GOVERNMENT GAZETTE, WA 29 October 2024 PART 3 - SCHEDULE 2 3.1 Schedule 2—Membership form Delete Schedule 2—Membership form. Dated 17 October 2024. The Common Seal of the Shire of Kent was affixed by authority of a resolution of Council in the presence of— KATE JOHNSTON, President. CHRISTIE SMITH, Chief Executive Officer. ——————————— LG403 LOCAL GOVERNMENT ACT 1995 City of Albany BASIS OF RATES I, Tom Griffiths, 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 16 October 2024 determined that the method of valuation to be used by the City of Albany 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 201 to 225 inclusive and Lots 259 to 268 inclusive as shown on Deposited Plan 427501. TOM GRIFFITHS, Executive Director Local Government, Department of Local Government, Sport and Cultural Industries. ——————————— LG404 LOCAL GOVERNMENT ACT 1995 Shire of Capel BASIS OF RATES I, Tom Griffiths, 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 16 October 2024, determined that the method of valuation to be used by the Shire of Capel 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 5020 to 5045 inclusive as shown on Deposited Plan 428078. TOM GRIFFITHS, Executive Director Local Government, Department of Local Government, Sport and Cultural Industries. MINERALS AND PETROLEUM MP401 MINING ACT 1978 Section 19 INSTRUMENT OF VARIATION TO 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 04 September 2019 and published in the Government Gazette dated 20 September 2019 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 03 September 2025.

29 October 2024 GOVERNMENT GAZETTE, WA 2559 Locality Proposed Helena Aurora National Park Description of Land Land designated S19/383 in the TENGRAPH electronic plan of the Department of Energy, Mines, Industry Regulation and Safety. A geospatial description is filed in the Department of Energy, Mines, Industry Regulation and Safety electronic file number A1183/201901, OneDMS Doc ID A83471108. Area of Land 299,429.95 hectares Dated at Perth this 24th day of October 2024. JARED ANDREW BARNETT, Executive Director, Resource Tenure. RACING, GAMING AND LIQUOR RA401 RACING AND WAGERING WESTERN AUSTRALIA ACT 2003 RWWA RULES OF GREYHOUND RACING 2022 In accordance with Section 45 (1) (c) of the Racing and Wagering Western Australia Act 2003, notice is hereby given that the Board of Racing and Wagering WA on 24 October 2024 resolved to amend the RWWA Rules of Greyhound Racing 2022 as follows— Amendments to National Rules effective 1 November 2024 Amend headings to Rules 32 and 33 Amend Sub-Rules 32(a) and 33(1) Add new Sub-Rule 67(7)(f) A copy of the above rules may be obtained during office hours from the RWWA offices at 14 Hasler Road, Osborne Park 6017, WA or Racing and Wagering Western Australia website, www.rwwa.com.au. IAN EDWARDS, Chief Executive Officer. PUBLIC NOTICES ZZ401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Colin James Webber Pitthouse, late of Howard Solomon Nursing Home, Hybanthus Road, Ferndale in the State of Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect of the Estate of the Deceased who died on 17 March 2012, are required by the Executor, David Morgan Lewis, to send particulars of their claims to Lewis Kitson Lawyers of Level 1, 43 Kishorn Road, Applecross in the State of Western Australia within one (1) month of the date of this notice, after which date the Trustee may convey or distribute the assets, having regard only to the claims which they then have notice. ——————————— ZZ402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Lina Buttafuoco late of Aegis Amberley, 30 Mell Road, Spearwood, Western Australia, Home Duties, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect of the estate of the deceased who died on 29 April 2024 are required by the Trustee Australian Executor Trustees Limited ACN 007 869 794 of GPO Box 546, Adelaide SA 5001 to send particulars of their claim to them by 10 December 2024 after which date the Trustee may convey or distribute the assets having regard only to the claims of which it then has notice. ———————————