Shire of Serpentine Jarrahdale - Cat Local Law 2023

23 February 2024 GOVERNMENT GAZETTE, WA 245 AGRICULTURE AND FOOD AG401 BIOSECURITY AND AGRICULTURE MANAGEMENT REGULATIONS 2013 QUARANTINE AREA AMENDMENT NOTICE Bactrocera (Bactrocera) tryoni (Queensland Fruit Fly or Qfly) Bayswater Outbreak

1. In accordance with regulation 60 of the Biosecurity and Agriculture Management Regulations 2013 (Regulations) a Quarantine Area Notice (QAN) relating to the declared pest Bactrocera (Bactrocera) tryoni (Froggatt, 1897) (Queensland fruit fly or Qfly) was published in the Gazette on 12 December 2023 and in the West Australian newspaper on 12 December 2023 and on the website of the Department of Primary Industries and Regional Development (DPIRD).
2. Under regulation 61 of the Regulations, clause 1 of the QAN is amended by deleting “until 11.59pm on 23 February 2024” and substituting “until 11:59pm on 11 March 2024”.
3. The amended QAN is available on DPIRD’s website: www.agric.wa.gov.au. VICTORIA AITKEN, Executive Director Biosecurity, Department of Primary Industries and Regional Development, Delegate of the Director General. ENVIRONMENT EV401 ENVIRONMENTAL PROTECTION ACT 1986 DELEGATION NO. 59 The Environmental Protection Authority (“the Authority”), acting pursuant to section 19 of the Environmental Protection Act 1986 (“the Act”), has resolved to hereby delegate to Professor Matthew Tonts, Professor Fiona McKenzie and Dr Jenny Pope, acting jointly, all of its powers and duties under Part IV, Division 1 and Part VII of the Act in respect of the assessment of, and any appeals relating to the assessment of the • City of Gosnells Town Planning Scheme 6 Amendments 166, which was referred to the Authority on 15 April 2016, and • City of Gosnells Town Planning Scheme 6 Amendment 169, which was referred to the Authority on 16 January 2017, as changed from time to time. Dated the 15th day of February 2024. Prof. MATTHEW TONTS, Chair, Environmental Protection Authority. Approved by— Hon. REECE WHITBY, MLA, Minister for Environment; Climate Action. FIRE AND EMERGENCY SERVICES FE401 total fire ban for 15 February 2024 for the local government districts of— Chapman Valley, Greater Geraldton, Mingenew, Morawa, Northampton, Perenjori, Three Springs, Carnamah, Coorow, Dandaragan, Irwin, Moora, Victoria Plains, Dalwallinu, Koorda, Wongan- Ballidu, Toodyay, Bridgetown-Greenbushes, Donnybrook-Balingup, Boyup Brook, Gnowangerup, Broomehill-Tambellup, Katanning, Wanneroo, Chittering, Gingin, Mundaring, Swan, Armadale, Kalamunda, Gosnells. Dated 14 February 2024. GARY GIFFORD, Assistant Commissioner of the Department of

246 GOVERNMENT GAZETTE, WA 23 February 2024 FE402 total fire ban for 16 February 2024 for the local government districts of— Corrigin, Kondinin, Kulin, Dumbleyung, Kent, Lake Grace, Ravensthorpe, Jerramungup. Dated 15 February 2024. GARY GIFFORD, Assistant Commissioner of the Department of FE403 total fire ban for 18 February 2024 for the local government districts of— Carnarvon, Shark Bay, Chapman Valley, Greater Geraldton, Northampton, Mingenew, Morawa, Perenjori, Three Springs, Carnamah, Coorow, Dandaragan, Irwin, Moora, Victoria Plains, Toodyay, Dalwallinu, Koorda, Wongan-Ballidu, Beverley, Cunderdin, Dowerin, Goomalling, Northam, Quairading, Tammin, Wyalkatchem, York, Wanneroo, Chittering, Gingin, Mundaring, Swan, Cockburn, Kwinana, Mandurah, Rockingham, Armadale, Kalamunda, Gosnells, Serpentine- Jarrahdale, Collie, Dardanup, Harvey, Waroona, Murray, Busselton, Augusta-Margaret River, Bridgetown-Greenbushes, Boyup Brook, Donnybrook-Balingup, Manjimup, Nannup. Dated 17 February 2024. RICK CURTIS, Assistant Commissioner of the Department of FE404 total fire ban for 19 February 2024 for the local government districts of— Chapman Valley, Greater Geraldton, Northampton, Mingenew, Morawa, Perenjori, Three Springs, Carnamah, Coorow, Dandaragan, Irwin, Moora, Victoria Plains, Toodyay, Dalwallinu, Koorda, Wongan-Ballidu, Mount Marshall, Mukinbudin, Westonia, Yilgarn, Beverley, Cunderdin, Dowerin, Goomalling, Northam, Quairading, Tammin, Wyalkatchem, York, Collie, Dardanup, Harvey, Waroona, Murray, Busselton, Augusta-Margaret River, Bridgetown-Greenbushes, Boyup Brook, Donnybrook-Balingup, Manjimup, Nannup, Wanneroo, Chittering, Gingin, Mundaring, Swan, Cockburn, Gosnells, Kwinana, Mandurah, Rockingham, Armadale, Kalamunda, Serpentine- Jarrahdale. Dated 18 February 2024. DANNY MOSCONI, Assistant Commissioner of the Department of

23 February 2024 GOVERNMENT GAZETTE, WA 247 HEALTH HE401 MENTAL HEALTH ACT 2014 MENTAL HEALTH SERVICE (REVOCATION OF APPROVAL TO PERFORM ELECTROCONVULSIVE THERAPY) ORDER 2024 Made by the Chief Psychiatrist under section 544(3) of the Act;

1. Citation This order is the Mental Health Service Revocation of Approval to Perform Electroconvulsive Therapy) Order 2024
2. Commencement This order comes into operation on the day on which this order is published in the Gazette;
3. Revocation of approval to perform Electroconvulsive Therapy The approval for the mental health service specified in Schedule 1 as a mental health service at which electroconvulsive therapy can be performed is revoked.

Schedule 1 Name of Service Bethesda Clinic Cockburn Dr NATHAN GIBSON, Chief Psychiatrist. JUSTICE JU401 PROFESSIONAL STANDARDS ACT 1997 NOTIFICATION PURSUANT TO SECTION 44A(2) The Victorian Bar Professional Standards Scheme Pursuant to section 44A(2) of the Professional Standards Act 1997 (WA), I, the Hon John Quigley MLA, Attorney General, hereby extend the period for which the Victorian Bar Professional Standards Scheme is in force in Western Australia to 30 June 2025. Dated 3 January 2024. Hon. JOHN QUIGLEY, MLA, Attorney General. LOCAL GOVERNMENT LG401 CAT ACT 2011 Shire of Williams CATS LOCAL LAW 2024 Cat Act 2011, the Local Government Act 1995, and under all other powers enabling it, the Council of the Shire of Williams resolved on 7 February 2023 to make the following local law.

PART 1—PRELIMINARY Shire of Williams Cats Local Law 2024.

248 GOVERNMENT GAZETTE, WA 23 February 2024 This local law repeals the Shire of Williams Health Local Law 2000 clause 5.2.4. 1.5 Terms Used Cat Act 2011; applicant means the occupier of the premises who makes an application for a permit under this local law; application means an application for a permit; authorised person means a person authorised by the local government, under section 9.10 of the Local Government Act 1995 to perform the functions conferred on an authorised person under this local law; cat has the meaning given to it in the Act; cat management facility has the meaning given to it in the Act; cat prohibited area means an area as outlined in Schedule 3; cattery means any premises where more than 6 cats are kept, bred, boarded, housed, or trained temporarily, whether for profit or otherwise, and where the occupier of the premises is not the ordinary owner of the cats; 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) securely tethered; (c) secured in a cage; or (d) any other means of preventing escape; grouped dwelling as defined by the Scheme; local government means the Shire of Williams; multiple dwelling as defined by the Scheme; 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; or (c) interference which causes material damage to land or other property on the land affected by the interference; occupier has the meaning given to it in the Local Government Act 1995; owner has the meaning given to it in the Act; permit means a permit issued by the local government under Part 3; permit holder means a person who holds a valid permit under Part 3; premises has the meaning given to it in the Act; public place means any place to which the public has lawful access; RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western Australia; scheme means a planning scheme of the local government made by it under the Planning and Development Act 2005 and its antecedents; set fee means fees and charges imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Local Government Act 1995; and townsite means the following townsites constituted under section 26(2) of the Land Administration Act 1997— (a) Williams; and (b) such portion of Quindanning townsite as is in the district.

PART 2—CAT CONTROL 2.1 Cats not to be a nuisance (1) An owner shall not allow a cat to be or 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 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 in the notice which shall not exceed 28 days. (4) An owner given a notice to abate the nuisance shall comply with the notice within the period (5) A cat control notice under subclause 2.1(2) shall be in the form of Schedule 1, Form 3 of the Cat Regulations 2012.

23 February 2024 GOVERNMENT GAZETTE, WA 249 2.2 Cat prohibited areas (1) A cat shall not be in places specified in Schedule 3 at any time, whether or not under effective control. (2) If a cat is in a cat prohibited area in contravention of subclause (1), then— (a) the owner of the cat commits an offence; and (b) an authorised person may seize and impound the cat in accordance with the Act. 2.3 Interference with cat traps Where a trap has been set for cats in or on any public place or premises lawfully entered, a person other than an authorised person or the land owner or occupier shall not— (a) interfere with, remove or relocate, or damage the trap; or (b) release any cat from the trap.

PART 3—PERMITS FOR KEEPING CATS 3.1 Interpretation In this part, cat does not include a cat less than 6 months old. 3.2 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 (b) a cat management facility operated by the local government; or (c) a veterinary clinic or veterinary hospital as defined under section 2 of the Veterinary Surgeons Act 1960. 3.3 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— (a) two (2) cats may be kept on any premises within a townsite; or (b) six (6) cats may be kept on any premises outside a townsite. 3.4 Cats for which a permit is required (1) Subject to subclause (2), a person is required to have a permit to— (a) keep more than two (2) cats on any premises within a townsite; (b) keep more than six (6) cats on any premises outside a townsite; or (c) use any premises as a cattery or cat management facility. (2) Approval may be given by the local government for up to two (2) additional cats, where the total cats kept on the prescribed premises— (a) within a townsite will not exceed four (4) cats; or (b) outside a townsite will not exceed eight (8) cats. (3) A permit is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA or any other body prescribed in regulation 4 of the (b) a cat management facility which has been approved by the local government; or (c) a veterinary surgery. 3.5 Application for permit An application for a permit under clause 3.4— (a) shall be made in writing by an occupier of the premises in relation to those premises; (b) shall be in a form approved by the local government, describing and specifying the number of cats to be kept on the premises; (c) shall be accompanied by a brief reason and justification for the request; (d) may be required by an authorised person to be accompanied by the plans of the premises to which the application relates; (e) shall be accompanied by the consent in writing of the owner of the premises where the occupier is not the owner of the premises to which the application relates; and (f) shall be accompanied by the set fee. 3.6 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 3.5. 3.7 Factors relevant to the determination of application (1) In determining an application for a permit, the local government may have regard to— (a) the reasons and justification provided for the request; (b) the physical suitability of the premises for the proposed use;

250 GOVERNMENT GAZETTE, WA 23 February 2024 (c) the suitability of the zoning of the premises under any scheme which applies to the premises for the proposed use; (d) the environmental sensitivity and general nature of the location surrounding the premises for the proposed use; (e) the structural suitability of any enclosure in which any cat is to be kept; (f) the likelihood of a cat causing nuisance, inconvenience, or annoyance to the occupiers of adjoining land; (g) the likely effect on the amenity of the surrounding area of the proposed use; (h) the likely effect on the local environment including any pollution or other environmental damage, which may be caused by the use; (i) any submissions received under subclause (2) within the time specified in subclause (2); and (j) such other factors which the local government may consider to be relevant in the circumstances of the particular case. (2) The local government may require an applicant to— (a) consult with nearby landowners; or (b) advise nearby landowners that they may make submissions to the local government on the application for a permit within 14 days of receiving that advice, before determining the application for the permit. (3) The local government may specify the extent of consultation with nearby residents, as specified in subclause 3.7(2)(a) and may specify which properties should be consulted. 3.8 Decision on application (1) The local government may— (a) approve an application for a permit as it was submitted, in which case it shall approve it subject to the conditions in clause 3.9 and may approve it subject to any other conditions it sees fit; (b) approve an application but specify an alternative number of cats permitted to be housed at the address; or (c) refuse to approve an application for a permit. (2) If the local government approves an application under subclause (1), then it shall issue a permit to the applicant in the form determined by the local government. (3) If the local government refuses to approve an application under subclause (1), then it shall advise the applicant accordingly in writing. (4) A permit may only be issued by the local government for a maximum of 6 cats on any premises other than a cattery or cat management facility or a premises specified in clause 3.4(2). 3.9 Conditions of permit (1) Every permit is issued subject to the following conditions— (a) each cat kept on the premises to which the permit relates shall comply with the requirements of the Act; (b) the permit holder will provide adequate space for the exercise of the cats; (c) the premises shall be maintained in good order and in a clean and sanitary condition; and (d) 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. 3.10 Compliance with conditions of permit Where an application for a permit has been approved subject to conditions, the permit holder shall comply with each of those conditions, as amended. 3.11 Duration of a permit Unless otherwise specified in a condition on a permit, a permit commences on the date of issue and expires— (a) if it is revoked; or (b) the permit holder ceases to reside at the premises to which the permit relates. 3.12 Renewal of permit (1) A permit holder may apply to the local government for the renewal of a permit for an application under clause 3.4(1)(c). (2) An application for renewal shall— (a) be in the form determined by the local government; (b) be signed by the permit holder; (c) provide the information required by the local government; (d) be forwarded to the local government no later than 28 days before the expiry of the permit, or within a shorter period that the local government in a particular case permits; and (e) be accompanied by any set fee.

23 February 2024 GOVERNMENT GAZETTE, WA 251 (3) The provisions of this Part that apply to an application for a permit also apply to an application for the renewal of a permit as though it were an application for a permit. 3.13 Revocation The local government may revoke a permit if— (a) the permit was obtained improperly; (b) the permit holder has persistently or frequently contravened a term or condition of the permit, or a provision of this local law; or (c) the permit holder fails to observe any provision of this local law or a condition of a permit. 3.14 Permit not transferable A permit issued under clause 3.8(1)(a) or (b) is not transferable either in relation to the permit holder or the premises. 3.15 Permit to be kept at premises and available for view (1) A permit issued by the local government shall be kept at the premises to which it applies and shall be provided to an authorised person on demand. (2) In the case of a registered cattery or cat management facility, the permit shall be displayed in a prominent place within the premises. 3.16 False or misleading statement A person shall not make a false or misleading statement in connection with an application in respect of a permit under this local law.

PART 4—MISCELLANEOUS 4.1 Giving of a notice A notice given under this local law may be given to a person— (a) personally; (b) by postal mail addressed to the person; or (c) by leaving it for the person at her or his address.

PART 5—OBJECTIONS AND APPEALS 5.1 Objections and appeal rights 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 or appeal against the decision under Division 1 of Part 9 of the

PART 6—ENFORCEMENT 6.1 Offences A 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. 6.2 General penalty A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of the day during which the offence has continued. 6.3 Prescribed offences (1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of a modified penalty for a prescribed offence is the number specified adjacent to the clause in Schedule 2. 6.4 Form of infringement notices (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 in respect of an offence against this local law may be given under section 62 of the Act and is to be in the form of Schedule 1, Form 6 of the (3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of Schedule 1, Form 7 of the ————

252 GOVERNMENT GAZETTE, WA 23 February 2024 Schedule 1—Additional Conditions Applicable to Particular Permits [Clause 3.9(1)(e)] A. Permit to keep 2 or more cats in a townsite. Additional conditions (1) In the case of a grouped dwelling where there is no suitable dividing fence or multiple dwellings on the same level, the written consent to the application for a permit of the occupier of the adjoining dwellings has been obtained. (2) Without the consent of the local government, the permit holder will not substitute or replace any cat that is the subject of a permit once that cat— (a) dies; or (b) is permanently removed from the premises. B. Permit to use premises as a cattery or cat management facility 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) Washing basins with a minimum of running cold water are 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) A 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) 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 kept on the premises. (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). ————

Schedule 2—Prescribed offences [clause 6.3] Item Clause Nature of offence Modified penalty $ 1 2.1(1) Cat causing a nuisance 250 2 2.1(2) Failure to abate a nuisance 250 3 2.2(2)(a) Cat in prohibited area 500 4 2.3(a) Unauthorised interference with a trap 250 5 2.3(b) Unauthorised release of a cat from a trap 250 6 3.4(1)(a) Failure of a person to hold a permit when keeping more than 2 cats within a townsite 7 3.4(1)(c) Failure of a person to hold a permit for a cattery or cat management facility 8 3.10 Failure to comply with conditions of a permit 250 9 3.16 Making a false or misleading statement in an application 500 10 6.1 Other offences not specified 250 ————

23 February 2024 GOVERNMENT GAZETTE, WA 253

Schedule 3—Cat prohibited areas [clause 2.2] Term used— bushland means uncultivated land that is covered with trees, shrubs, or other natural vegetation whether native or not. Reserve name number Physical lot boundaries Description of prohibition Williams Waste Site R 43389 Lot 40 on Plan 218536, Narrogin Road, Williams Waste Water Treatment Plant R 50700 Lot 501 on DP 422656, Cemetery Road, Water Supply R 17309 Lot 550 on DP 422656, Cemetery Road, Parklands R 28716 Lots 319, 361, 321, 322, 323, 324, 325, 326, 502 and 503 Narrogin and Glenfield Roads, Water Supply Pumping Station R 10194 Lot 222 on Plan 223210 Whole of Reserve Cemetery R 13147 Lots 505 and 505 on DP 66270, Cemetery Road, Williams Public Recreation R 46719 Lots 15999 and 16000 on Plan 23391, Pinjarra Williams Road, Williams All bushland within reserve Old Williams Cemetery R 13434 Lot 701 on DP 84541, Albany Highway, Requirements R 4303 Lots 506 and 507 on DP 416522, Albany Highway, Williams Primary School R 4307 Lot 9 on Plan 223209, Rosselloty Street, Recreation and Parkland R 31310 Lot 509 on DP 416523, Albany Highway and Williams Street, Williams Dated 7th February 2024. The Common Seal of the Shire of Williams was affixed by authority of a resolution of Council in the presence of— JARRAD LOGIE, President. PETER STUBBS, Chief Executive Officer. LG402 DOG ACT 1976 Shire of Serpentine Jarrahdale DOGS LOCAL LAW 2023 Dog Act 1976, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Serpentine Jarrahdale resolved on 16 October 2023 to make the following local law. PART 1—DEFINITIONS AND OPERATION Shire of Serpentine Jarrahdale Dogs Local Law 2023. The Shire of Serpentine Jarrahdale Local Law Relating to the Keeping of Dogs published in the Government Gazette on 13 February 2004 is hereby repealed.

254 GOVERNMENT GAZETTE, WA 23 February 2024 1.5 Interpretation Dog Act 1976; 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; dangerous dog means a dog which is the subject of a declaration under section 33E of the Act declaring it to be a dangerous dog; dog exercise area means an area set aside by the local government under section 31(3A) of the Act; foster carer means a person who has a dog or dogs placed in their care by a registered animal rescue body; local government means the Shire of Serpentine Jarrahdale; local planning scheme means a local planning scheme made by the local government under the Planning and Development Act 2005 which applies throughout the whole or a part of the district. pound keeper means a person authorised by the local government to perform all or any of the functions conferred on a “pound keeper” under this local law; Regulations means the Dog Regulations 2013; Schedule means a schedule in this local law; and thoroughfare has the meaning given to it in section 1.4 of the PART 2—IMPOUNDING OF DOGS 2.1 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 29(4) of the Act relating to the seizure, maintenance and impounding of a dog; and (b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or on a day other than those determined under clause 2.2; and (c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act. 2.2 Attendance of pound keeper at pound The pound keeper is to be in attendance at the pound for the release of dogs at the times and on the days of the week as are determined by the CEO. 2.3 Release of impounded dog (1) A claim for the release of a dog seized and impounded is to be made to the pound keeper or in the absence of the pound keeper, to the CEO. (2) The pound keeper is not to release a dog seized and impounded to any person unless that person has produced, to the satisfaction of the pound keeper, satisfactory evidence— (a) of her or his ownership of the dog or of her or his authority to take delivery of it; or (b) that he or she is the person identified as the owner on a microchip implanted in the dog. PART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 3.1 Dogs to be confined (1) An occupier of premises on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; (c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; (d) maintain the fence and all gates and doors in the fence in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) A person who fails to comply with clause 3.1(1) of this local law commits an offence. Penalty: $2,000. (3) The confinement of Dangerous Dogs is dealt with in the Act.

23 February 2024 GOVERNMENT GAZETTE, WA 255 3.2 Notice to rectify fencing (1) Where an authorised person considers that portion of a premises on which a dog is kept is not sufficiently fenced or secured to confine the dog to that portion of the premises in accordance with clause 3.1(1), the authorised person may give a notice to a person liable for the control of the dog requiring that person to install or modify fencing or implement other specified measures to confine the dog to the relevant portion of the premises in accordance with clause 3.1(1), within the time (2) A person to whom a notice is issued under subclause (1) must comply with the notice during the period in which it has effect. Penalty: $5,000. (3) This clause does not apply to a dog while that dog is kept at an establishment licensed as an approved kennel establishment under section 27 of the Act. 3.3 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 4 as an approved kennel establishment; or (b) granted an exemption under section 26(3) of the Act and clause 3.4 of this local law. (2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act— (a) in areas zoned under a local planning scheme as urban development, residential, commercial, light industry or general industry, showroom/ warehouse, special residential, special rural, rural living A and B, farmlet, special use, conservation zone or any other land usage not listed in 3.3(2)(b)– two (2) dogs over the age of three (3) months and the young of those dogs under that age; or (b) in areas zoned rural under a local planning scheme– four (4) dogs over the age of three (3) months and the young of those dogs under that age. 3.4 Keeping more than the prescribed number of dogs (1) A person wishing to keep more than the number of dogs as prescribed in section 3.3(2), but not greater than six (6) dogs on any premises, may apply for an exemption for those premises under section 26(3) of the Act and this clause 3.4. (2) An application for exemption shall be made in the form of Schedule 3, and must be lodged with the local government together with the fee for the application for an exemption as referred to in clause 3.4(6). (3) In determining an application for exemption the local government is to have regard to— (a) any relevant policy adopted by the local government in respect of the keeping of dogs; (b) the effect which approval of the proposed may have on the environment or amenity of the neighbourhood; and (c) whether approval of the application will create a nuisance for the owners and occupiers of adjoining premises. (4) The local government may— (a) approve or refuse an application for exemption; and (b) where it approves an application for exemption may do so subject to any conditions considered appropriate and specified in the approval. (5) Where the local government approves an application for exemption the approval— (a) only relates to the premises specified in the application for exemption; (b) is personal to the applicant and may not be transferred to any other person; (c) shall not operate or authorise the keeping of more than six (6) dogs on those premises; and (d) may be revoked or varied at any time by Council. (6) The fee for an application for exemption under clause 3.4(1) is to be imposed and determined by the local government under sections 6.16 to 6.19 of the (7) The Shire may exempt payment of a permit as detailed in 3.4(6) where an applicant is a bona fide dog foster carer. PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Interpretation In this Part and in Schedule 2— approved kennel establishment means a kennel establishment approved under section 27(1) of the Act and this Part 4; licence means a licence to keep an approved kennel establishment on premises; licensee means the holder of a licence; and premises, in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence.

256 GOVERNMENT GAZETTE, WA 23 February 2024 4.2 Application for licence for approved kennel establishment An application for a licence must be made in the form of that in Schedule 1, and must be lodged with the local government together with— (a) plans and specifications of the kennel establishment, including a site plan; (b) copies of the notices to be given under clause 4.3; (c) written evidence that either the applicant or another person who will have the charge of the dogs, will reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to the control and maintenance of the dogs, and so as to ensure their health and welfare and; (d) a written acknowledgement that the applicant has read and agrees to comply with the conditions detailed within the kennel establishment approval and licence conditions relating to the keeping of dogs detailed by the local government; and (e) the fee for the application or renewal for a licence referred to in clause 4.9(1). 4.3 Notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining or within the specified distance the premises. (2) The notices in subclause (1) must specify– (a) the nature of the proposed use and address of the premises; (b) the number of dogs proposed to be kept; (c) that the application and plans and specifications may be inspected at the offices of the local government; and (d) any written submissions as to the proposed use are to be lodged with the CEO within 14 days of the date the notice is given. 4.4 When application can be determined An application for a licence is not to be determined by the local government until— (a) the applicant has complied with clause 4.3; (b) the applicant submits proof to the local government that the notices referred to in clause 4.3 have been given in accordance with that clause; and (c) the local government has considered any written submissions received within the time specified in clause 4.3(2)(d) on the proposed use of the premises. 4.5 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 4.6; (b) any written submissions received within the time specified in clause 4.3(2)(d) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises, and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs. 4.6 Where application cannot be approved The local government cannot approve an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the land or premises under a local planning scheme; or (b) an applicant for a licence, or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare and, compliance with any conditions of approval. 4.7 Conditions of approval (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate. (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2.

23 February 2024 GOVERNMENT GAZETTE, WA 257 4.8 Compliance with conditions of approval A licensee who does not comply with the conditions of a licence commits an offence. Penalty: $2,000 and a daily penalty of $200. 4.9 Fees (1) On lodging an application for a licence, the applicant is to pay a fee to the local government. (2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government. (3) The fees referred to in subclauses (1) and (2) are to be imposed and determined by the local government under sections 6.16 to 6.19 of the 4.10 Form of licence The licence is to be in the form determined by the local government and is to be issued to the licensee. 4.11 Period of licence (1) The period of effect of a licence is set out in section 27(5) of the Act. (2) A licence is to be renewed if— (a) an authorised person has undertaken an inspection of the kennel establishment under clause 4.15 and has determined the licensee is not in breach of any condition of the licence at the time of renewal; and (b) the fee referred to in clause 4.9(2) is paid to the local government prior to the expiry of the licence. (3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect. 4.12 Variation or cancellation of licence (1) The local government may vary the conditions of a licence. (2) The local government may cancel a licence— (a) on the request of the licensee, or the estate of a deceased licensee; (b) following a substantiated breach of the Act, the Regulations, this local law or the licence conditions. (3) The date a licence is cancelled is to be, in the case of— (a) paragraph (a) of subclause (2), the date requested by the licensee; or (b) paragraphs (b) of subclause (2), the date determined under section 27(6) of the Act. (4) If a licence is cancelled, the fee paid for that licence is not refundable for the term of the licence that has not yet expired. 4.13 Licence not transferable (1) A licence granted under this Part 4 is— (a) personal to the applicant and is not transferable to any other person or entity; and (b) is applicable only to the premises described in the application for licence and is not transferable to any other property, premises or land. 4.14 Notification The local government is to give written notice to— (a) an applicant for a licence of the local government’s decision on her or his application; (b) a licensee of any variation made under clause 4.12(1); (c) a licensee when her or his licence is due for renewal and the manner in which it may be renewed; (d) a licensee when her or his licence is renewed; (e) a licensee of the cancellation of a licence under clause 4.12(2)(a); and (f) a licensee of the cancellation of a licence under clause 4.12(2)(b), which notice is to be given in accordance with section 27(6) of the Act. 4.15 Inspection of a kennel establishment With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any agreed reasonable time. PART 5—MISCELLANEOUS 5.1 Offence to excrete (1) A dog must not excrete on— (a) any thoroughfare or other public place; or (b) any land which is not a public place without the consent of the occupier. (2) Subject to subclause (4), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence.

258 GOVERNMENT GAZETTE, WA 23 February 2024 (3) Notwithstanding clause 6.2(2), the penalty for an offence under this clause is $2000. (4) The person liable for the control of the dog does not commit an offence against subclause (2) if any excreta is removed immediately by that person and disposed of either on private land with the consent of the occupier of that land, or in a suitable waste receptacle. PART 6—ENFORCEMENT 6.1 Interpretation In this Part— infringement notice means the notice referred to in clause 6.4; and notice of withdrawal means the notice referred to in clause 6.6(1). 6.2 Offences (1) A 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) Unless otherwise specified, a person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of the day during which the offence has continued. 6.3 Modified penalties (1) The offences contained in Schedule 4 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the third column of Schedule 4 directly opposite an offence is the modified penalty payable in respect of that offence if— (a) the dog is not a dangerous dog; or (b) the dog is a dangerous dog, but an amount does not appear in the fourth column directly opposite that offence. (3) The amount appearing in the fourth column of Schedule 4 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is a dangerous dog. 6.4 Issue of infringement notice Where an authorised person has reason to believe that a person has committed an offence in respect of which a modified penalty may be imposed, he or she may issue to that person a notice in the form of Form 8 of the First Schedule of the Regulations. 6.5 Failure to pay modified penalty Where a person who has received an infringement notice fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty. 6.6 Payment of modified penalty A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case be allowed by the CEO, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgment. 6.7 Withdrawal of infringement notice (1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice by sending a notice in the form of Form 9 of the First Schedule of the Regulations. (2) A person authorised to issue an infringement notice under clause 6.4 cannot sign or send a notice of withdrawal. 6.8 Service An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it at or posting it to her or his address as ascertained from her or him, or as recorded by the local government under the Act, or as ascertained from inquiries made by the local government. ————

23 February 2024 GOVERNMENT GAZETTE, WA 259 Schedule 1—Application for a licence for an approved kennel establishment (clause 4.2) I/we (full name) ........................................................................................................................................ of (postal address) .................................................................................................................................... (telephone number) .................................................................................................................................. (facsimile number) ................................................................................................................................... (E-mail address) ....................................................................................................................................... Apply for a licence for an approved kennel establishment at (address of premises) ............................ .................................................................................................................................................................. For (number and breed of dogs) ..............................................................................................................

• (insert name of person) ............................................................ will be residing at the premises on and from (insert date) ...........................................
• (insert name of person) .......................................................will be residing (sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare) at ............................................................................... (insert address of residence) on and from ................................... (insert date). Attached are— (a) a site plan of the premises showing the location of the kennels and yards and all other buildings and structures and fences; (b) plans and specifications of the kennel establishment; (c) copy of notice of proposed use to appear in newspaper; (d) copy of notice of proposed use to be given to adjoining premises; (e) written evidence that a person will reside— (i) at the premises; or (ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; and (f) if the person in item (e) is not the applicant, written evidence that the person is a person in charge of the dogs. I confirm that I have read and agree to comply with the Licence conditions, and provisions of the Shire of Serpentine Jarrahdale Dogs Local Law 2023 and Schedules in the keeping of dogs at the proposed kennel establishment. Signature of applicant ............................................................... Date ............................................................................................
• delete where inapplicable. Note: a licence if issued will have effect for a period of 12 months—section 27(5) of the Dog Act. OFFICE USE ONLY Application fee paid on [insert date]. ———— Schedule 2—Conditions of a licence for an approved kennel establishment [clause 4.7(1)] An application for a licence for an approved kennel establishment may be approved subject to the following conditions— (a) each kennel, unless it is fully enclosed, must have a yard attached to it; (b) each kennel and each yard must be at a distance of not less than— (i) 25m from the front boundary of the premises and 5m from any other boundary of the premises; (ii) 10m from any dwelling; and (iii) 25m from any church, school room, hall, factory, dairy or premises where food is manufactured, prepared, packed or stored for human consumption; (c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or netting or other materials approved by the local government;

260 GOVERNMENT GAZETTE, WA 23 February 2024 (d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel and the length of the dog is to be determined by measuring from the base of the tail to the front of its shoulder; (e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the floor area of the kennel or group of kennels to which it is attached; (f) the upper surface of the kennel floor must be— (i) at least 100mm above the surface of the surrounding ground; (ii) smooth so as to facilitate cleaning; (iii) rigid; (iv) durable; (v) slip resistant; (vi) resistant to corrosion; (vii) non-toxic; (viii) impervious; (ix) free from cracks, crevices and other defects; and (x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn must lead to a suitably sized diameter sewerage pipe which must be properly laid, ventilated and trapped in accordance with the health requirements of the local government; (g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to approved apparatus for the treatment of sewage in accordance with the health requirements of the local government; (h) the kennel floor must have a durable upstand rising 75mm above the floor level from the junction of the floor and external and internal walls, or internal walls must be so constructed as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor; (i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of any kennel; (j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of— (i) 2m; or (ii) four times the height of the breed of dog in the kennel, when it is fully grown, measured from the floor to the uppermost tip of its shoulders while in a stationary upright position; (k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted internally and externally with good quality new zincalume or new pre-finished colour coated steel sheeting or new fibrous cement sheeting or other durable material approved by the local government; (l) all external surfaces of each kennel must be kept in good condition; (m) the roof of each kennel must be constructed of impervious material; (n) all kennels and yards and drinking vessels must be maintained in a clean condition and must be cleaned and disinfected when so ordered by an authorised person; (o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the treatment of sewage; (p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled; (q) suitable water must be available at the kennel via a properly supported standpipe and tap; and (r) the licensee or the person nominated in the application for a licence, must, in accordance with the application for the licence, continue to reside— (i) at the premises; or (ii) in the opinion of the local government, sufficiently close to the premises so as to control the dogs, and to ensure their health and welfare. ————

23 February 2024 GOVERNMENT GAZETTE, WA 261 Schedule 3—Exemption application to keep more than two dogs [clause 3.4(2)] I/we (full name) ........................................................................................................................................ of (postal address) .................................................................................................................................... (telephone number) .................................................................................................................................. (E-mail address) ....................................................................................................................................... Apply for an exemption to keep more than two dogs at (address of premises) ............................................................................................................................... Lot No: ................................................................. Property Size ............................................................. Area the dogs have access to (yard, house, patio etc) ............................................................................. DETAILS AND NUMBERS OF DOGS TO BE KEPT Breed Age Sex Sterilised Y/N 1 ______________________________ _________ _________ _____________________ 2 ______________________________ _________ _________ _____________________ 3 ______________________________ _________ _________ _____________________ 4 ______________________________ _________ _________ _____________________ 5 ______________________________ _________ _________ _____________________ 6 ______________________________ _________ _________ _____________________ Reason for the exemption……………………………………………………….………………. Signature of applicants ………………………………………………………………………….. Date ……………………… OFFICE USE ONLY Application fee paid on ………..……………….. Officer……………………………… ————

Schedule 4—Offences in respect of which modified penalty applies [clause 6.3] Offence Nature of offence Modified penalty $ Dangerous Dog Modified Penalty $ 3.1 Failing to provide means for effectively confining a dog 200 3.2 Failure to comply with notice to rectify fencing 200 4.8 Failing to comply with the conditions of a licence 200 5.1(2) Dog excreting in prohibited place 200 6.2 Failing to do anything required or directed to be done or doing prohibited act Dated 8th January 2024. The Common Seal of the Shire of Serpentine Jarrahdale was hereunto affixed by a resolution of Council and in accordance with the provisions of the Local Government Act 1995 (WA) in the presence of— ROBERT FRANCIS COALES, President. FRAZER SULLIVAN, A/Chief Executive Officer.

262 GOVERNMENT GAZETTE, WA 23 February 2024 LG403 CAT ACT 2011 Shire of Serpentine Jarrahdale CAT LOCAL LAW 2023 Cat Act 2011, the Local Government Act 1995 and by all other powers enabling it, the Council of the Shire of Serpentine Jarrahdale resolved on 16 October 2023 to make the following local law. PART 1—PRELIMINARY Shire of Serpentine Jarrahdale Cat Local Law 2023. The Shire of Serpentine Jarrahdale Kennel and Cattery Local Law published in the Gazette on 13 February 2004 is repealed. 1.5 Definitions and Interpretation Cat Act 2011; Animal Establishment means premises used for the breeding, boarding, training or caring of animals for commercial purposes but does not include animal husbandry—intensive or veterinary centre; applicant means the occupier of the premises who makes an application for a permit under this local law; authorised person means a person authorised by the local government, under section 9.10 of the Local Government Act 1995 to perform 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 enclosure means an enclosure designed and built in close proximity to a dwelling to contain a cat, or cats, and to secure and prevent the cat or cats from roaming at large, unsecured and uncontained; Cat Haven means Cat Welfare Society Inc., trading as “Cat Haven”; cat management facility means— (a) a facility operated by a local government that is, or may be, used for keeping cats; (b) a facility for keeping cats that is operated by a person or body prescribed; or (c) a facility for keeping cats that is operated by a person or body approved in writing by a local government; cat prohibited area means an area identified in the table contained in Schedule 3 as being ‘Prohibited’ under the fourth column of the table entitled ‘Status’; cattery means any premises where cats are kept, boarded, housed or trained temporarily for profit, and where the occupier of the premises is not the ordinary owner of the cats, or the keeping of more than six (6) cats; 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) securely tethered; (c) secured in a cage; or (d) any other means of preventing escape; foster carer means a person who has a cat or cats placed in their care by Cat Haven, RSPCA, SAFE or other bona fide cat rescue group as a non-permanent arrangement; grouped dwelling as defined by the Residential Design Codes; local government means the Shire of Serpentine Jarrahdale; local planning scheme means a local planning scheme of the local government made by it under the Planning and Development Act 2005 and its antecedents; multiple dwelling as defined by the Residential Design Codes;

23 February 2024 GOVERNMENT GAZETTE, WA 263 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; or (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 Part 3; permit holder means a person who holds a valid permit under Part 3; premises includes the following— (a) land (whether or not vacant); (b) the whole or part of a building or structure (whether of a permanent or temporary nature); and (c) a vehicle; RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western Australia; SAFE means any of the following— (a) Saving Animals from Euthanasia Incorporated (ABN 59 337 498 934); (b) S.A.F.E. Hedland Inc (ABN 23 865 056 223); (c) Saving Animals from Euthanasia Busselton Inc (ABN 21 692 235 008); Schedule means a schedule to this local law; and Veterinarian means a registered veterinary surgeon as defined in the Veterinary Surgeons Act 1960 section 2. PART 2—CONTROL OF CATS 2.1 Cat not to be a nuisance (1) An owner shall not allow a cat to be or create a nuisance. (2) Where in the opinion of an authorised person, a cat is creating a nuisance, the local government may give a cat control notice to the owner 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 in 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 (5) A cat control notice under clause 2.1(2) shall be in the form of Schedule 1, Form 3 of the Cat Regulations 2012. 2.2 Cat prohibited areas (1) A cat shall not be in a cat prohibited area at any time, whether or not under effective control. PART 3—PERMITS FOR KEEPING CATS 3.1 Interpretation In this Part, and for the purposes of applying the definition of ‘cattery’, cat does not include a cat less than six (6) months old. 3.2 Cats for which a permit is required (1) Subject to subclause (2) a person is required to have a permit to— (a) keep more than two (2) cats, but not more than six (6) on any premises; or (b) use any premises as a cattery or cat management facility. (2) A permit is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA or any other body prescribed in regulation 4 of the (b) a cat management facility which has been approved by the local government; or (c) a veterinary surgery. (d) a cat management facility operated by a local government 3.3 Application for permit (1) An application for a permit under clause 3.2 shall be— (a) made in writing by an occupier of the premises in relation to those premises; (b) in a form approved by the local government, describing and specifying the number of cats to be kept on the premises; (c) accompanied by a brief reason and justification for the request; (d) accompanied by the plans of the premises to which the application relates in the form determined by the local government from time to time;

264 GOVERNMENT GAZETTE, WA 23 February 2024 (e) accompanied by the consent in writing of the owner of the premises where the occupier is not the owner of the premises to which the application relates; and (f) accompanied by the application fee for the permit determined by the local government from time to time. (2) Shire may exempt payment of a permit detailed in 3.3(1)(f) where applicant is a— (a) registered cat breeder; or (b) bona fide cat foster carer; or (c) cattery applicant. 3.4 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 3.3. 3.5 Factors relevant to the determination of application (1) In determining an application for a permit, the local government may have regard to— (a) the reasons and justification provided for the request; (b) the physical suitability of the premises for the proposed use; (c) the suitability of the zoning of the premises under any local planning scheme which applies to the premises for the proposed use; (d) the environmental sensitivity and general nature of the location, surrounding the premises for the proposed use; (e) the structural suitability of any enclosure in which any cat is to be kept; (f) the likelihood of a cat causing nuisance, inconvenience, or annoyance to the occupiers of adjoining land; (g) the likely effect on the amenity of the surrounding area of the proposed use; (h) the likely effect on the local environment including any pollution or other environmental damage, which may be caused by the use; (i) any submissions received under subclause (2) within the time specified in subclause (2); and (j) such other factors which the local government may consider to be relevant in the circumstances of the particular case. (2) The local government may require an applicant to— (a) consult with nearby landowners; or (b) advise nearby landowners that they may make submissions to the local government on the application for a permit within 14 days of receiving that advice, before determining the application for the permit. (3) The local government may specify the extent of consultation with nearby residents, as specified in subclause 3.5(2)(a) and may specify which properties should be consulted. 3.6 Decision on application (1) The local government may— (a) approve an application for a permit as it was submitted, in which case it shall approve it subject to the conditions in clause 3.7 and may approve it subject to any other conditions it sees fit; (b) approve an application but specify an alternative number of cats permitted to be housed at the address; or (c) refuse to approve an application for a permit. (2) If the local government approves an application under subclause (1), then it shall issue a permit to the applicant in the form determined by the CEO. (3) If the local government refuses to approve an application under subclause (1), then it shall advise the applicant accordingly in writing. 3.7 Conditions (1) Every permit is issued subject to the following conditions— (a) each cat kept on the premises to which the permit relates shall comply with the requirements of the Act, and conditions detailed within this Local Law; (b) each cat shall be contained on the premises unless under the effective control of a person; (c) the permit holder will provide adequate space for the exercise of the cats; (d) the premises shall be maintained in good order and in a clean and sanitary condition; and (e) those conditions contained in Schedule 1. (2) In addition to the conditions in subclause (1) of this clause, a permit may be issued subject to other conditions, as the local government considers appropriate. 3.8 Compliance with conditions of permit A permit holder shall comply with each condition of a permit.

23 February 2024 GOVERNMENT GAZETTE, WA 265 3.9 Duration of a permit Unless otherwise specified in a condition on a permit, a permit commences on the date of issue and expires— (a) if it is revoked; or (b) if the permit holder ceases to reside at the premises to which the permit relates. 3.10 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. 3.11 Permit not transferable A permit is not transferable either in relation to the permit holder or the premises. 3.12 Permit to be kept at premises and available for view (1) A permit issued by the local government shall be kept at the premises to which it applies and shall be provided to an authorised person on demand. (2) In the case of a cattery or cat management facility, the permit shall be displayed in a prominent place within the premises. PART 4—MISCELLANEOUS 4.1 Giving of an infringement notice (1) A notice given under this local law may be given to a person— (a) personally; (b) by postal mail addressed to the person; or (c) by leaving it for the person at her or his address. PART 5—OBJECTIONS AND APPEALS 5.1 Objections and appeal rights 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 or appeal against the decision under Division 1 of Part 9 of the PART 6—OFFENCES AND PENALTIES 6.1 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) Unless otherwise specified, any person who commits an offence under this local law is liable on conviction, to a penalty not exceeding $5,000 and if the offence is of a continuing nature, to a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued. 6.2 Prescribed offences (1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of Section 63 of the Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the item in Schedule 2. 6.3 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 in respect of an offence against this local law may be given under section 62 of the Act and is to be in the form of Schedule 1, Form 6 of the (3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of Schedule 1, Form 7 of the ————

266 GOVERNMENT GAZETTE, WA 23 February 2024 SCHEDULE 1—ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS [Clause 3.7] A. Permit to keep more than two (2) cats Additional conditions— (1) In the case of a grouped dwelling where there is no suitable dividing fence or multiple dwellings on the same level, the written consent to the application for a permit of the occupier of the adjoining dwellings has been obtained. (2) Without the consent of the local government, the permit holder will not substitute or replace any cat that is the subject of a permit once that cat— (a) dies; or (b) is permanently removed from the premises. (3) Approved breeders are subject to limitation on the considered number of unsterilised cats on a property. Where an approved single dwelling exists, Land zoned— (a) Residential, Urban Development, Neighbourhood Centre, District Centre, Mixed Use and Rural Townsite will allow a maximum of three unsterilised cats to be considered. (b) Rural Residential, Rural and Rural Smallholdings where the lot size is less than two hectares will allow a maximum of four unsterilised cats to be considered. (c) Rural Residential, Rural and Rural Smallholdings where the lot size is at least two hectares will allow a maximum of six unsterilised cats to be considered. (d) The keeping of cats as per schedule 1 A(3)(a), A(3)(b) or A(3)(a) will be considered as a home business. B. Permit to use premises as a cattery or cat management facility Additional conditions will include— (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) Washing basins with a minimum of running cold water are 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) Catteries are only able to be considered on properties zoned Rural and Rural Smallholdings, and where development approval has been granted for an Animal Establishment. (9) Approved breeders are subject to a maximum of 12 unsterilised cats being considered. (10) A 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) name and residential address of the owner. (11) The register is to be made available for inspection on the request of an authorised person. (12) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to minimise disease, with all effluent disposal compliant with any conditions imposed by the health services department of the local government. (13) Any sick or ailing cat is to be removed from the premises or transferred to an isolation cage separated from other cats kept on the premises. (14) 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). Note: Any cattery, cat management facility, including within a veterinary facility may additionally require planning approval ————

23 February 2024 GOVERNMENT GAZETTE, WA 267 SCHEDULE 2—PRESCRIBED OFFENCES [Clause 6.2] Item Clause Description Modified Penalty

1. 2.1(1) Cat causing a nuisance $200
2. 2.1(4) Failure to comply with an abatement notice $200
3. 2.2(2) Cat in a prohibited area $200
4. 3.2(1) Failure of a person to hold a permit when required $200
5. 3.8 Breach of a condition of a permit $200
6. 6.1(2) Other offences not specified $200 ———— SCHEDULE 3—CAT PROHIBITED AREAS [Clause 2.2] Places where cats are prohibited Official/Common Site Name Subject Land Information Site Description Status Lot 2857 Linton Street North Shire Land—Lot 2857 Linton Street North Shire Bush land Prohibited Lot 4490 King Jarrah Circle Shire land—Lot 4490 King Jarrah Circle Shire Bush land Prohibited Chestnuts Estate, Jarrahdale Chestnuts Estate Shire land Lot 156, 163, 4426, 4488, 4490, 4495, 4504, 4522, 4890, 4891, 5028, 5029, 5035, 8001 Shire land Prohibited Woodland Plot, Jarrahdale Lot 199 Jarrahdale Road, Jarrahdale. AMD 179 GG18/12/15 Special Use Prohibited Brickwood Reserve Lot 5567 Turner Road, Byford (Reserve 17490) Brickwood Reserve Lot 111 Turner Road, Byford (Reserve 17490) Lowlands Reserve Lots 300 and 301 Lowlands Road, Elliott Road & Yangedi Road South, Conservation Reserves Lot 77 Yangedi Road South and Lot 1 Elliott Road, Keysbrook Bush Forever site Dated 8th January 2024. The Common Seal of the Shire of Serpentine Jarrahdale was hereunto affixed by a resolution of Council and in accordance with the provisions of the Local Government Act 1995 (WA) in the presence of— ROBERT FRANCIS COALES, President. FRAZER SULLIVAN, A/Chief Executive Officer.

268 GOVERNMENT GAZETTE, WA 23 February 2024 LG404 City of Wanneroo BASIS OF RATES I, Ethan Redshaw, 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 12 January 2024 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 • Lot 28 as shown on Diagram 67594—

96 Gibbs Road, Nowergup. ETHAN REDSHAW, Acting Executive Director Local Government, Department of Local Government, Sport and Cultural Industries. MARINE/MARITIME MA401 WESTERN AUSTRALIAN MARINE ACT 1982 DECLARATION AND EXEMPTION OF EMERGENCY VESSELS Flood Rescue Vessels (WAMA-2024-206598) Department of Transport, Fremantle WA, 23 February 2024. I, Graeme Meinema, Director Waterways Safety Management, Department of Transport and delegate of the chief executive officer—

1. Acting pursuant to regulation 19H of the Navigable Water Regulations 1958 (‘the Regulations’), hereby declare a vessel listed in Schedule 1 to be an emergency vessel, with the specifications in Schedule 2;
2. Acting pursuant to section 115A of the Western Australian Marine Act 1982 (‘the Act’), hereby exempt a vessel listed in Schedule 1 from notices made under the following sections of the Act (‘the speed exemption’), subject to the conditions in Schedule 3— i. Section 66 (Closure of waters); and ii. Section 67 (Limiting speed of vessels). This instrument is to be known as WAMA-2024-206598 and revokes instrument WAMA-2023-206267 signed on 18 September 2023. ———— Schedule 1—Vessels declared as Emergency Vessels Vessel Name Location Unique Identifier DW295 Augusta 9235 Citybel Belmont 8917 Tinkabel Belmont 8918 C801 Carnarvon 8500 C805 Derby 8504 DQ201 Fitzroy Crossing 8915 Kalbarri SES River Rescue Kalbarri 8643 DB209 Nannup 8913 C803 Pt Hedland 8502 BK174 Walpole 9236 BL264 Canning 9195 FB01 Kununurra 458238

23 February 2024 GOVERNMENT GAZETTE, WA 269 Vessel Name Location Unique Identifier FB02 Murray 458237 FB03 Australind 459491 FB04 Busselton 459594 FB05 Canning 459586 FB06 Collie 459584 FB07 Mandurah 460029 FB08 O’Connor 460064 FB09 Walpole 460351 FB10 Belmont 462790 FB11 Carnarvon 462791 FB12 Fitzroy Crossing 462792 ———— Schedule 2—Declaration Specifications Pursuant to regulation 19H(2) of the Regulations—

1. A vessel listed in Schedule 1 is taken to be operating as an emergency vessel when the vessel is being deployed in relation to an identified emergency (sea search and rescue or other situations where serious injury and/or loss of life can either be reasonably expected or has been reported to the vessel).
2. The following provisions of the Regulations do not apply to a vessel listed in Schedule 1, in any circumstances, while the vessel is operating as an emergency vessel— a. Regulation 19A (Speed limit in Swan and Canning Rivers); and b. Regulation 48 (Limitation of speed).
3. A vessel listed in Schedule 1 is permitted to use a lamp displaying intermittent blue flashes at any time the vessel is operating as an emergency vessel. ———— Schedule 3—Speed Exemption Conditions Pursuant to section 115A of the Act, the speed exemption applies only to vessels listed in Schedule 1 if the following conditions are met—
4. The vessel— (a) is deployed in relation to an identified emergency (sea search and rescue or other situation where serious injury and/or loss of life can either be reasonably expected or has been reported to the vessel); and (b) exhibits a lamp displaying intermittent blue flashes whilst it is exceeding the speed limit; and
5. The master (every person, except a pilot, having command or charge) of the vessel— (a) complies with the Prevention of Collisions at Sea Regulations 1983 including— i. Rule 5 (Look-out); ii. Rule 6 (Safe Speed); iii. Rule 7 (Risk of Collision); and assesses it is appropriate to exceed the speed limit, taking into account the situation of the identified emergency. GRAEME MEINEMA, Director Waterways Safety Management and delegate of the Chief Executive Officer, Department of Transport.

270 GOVERNMENT GAZETTE, WA 23 February 2024 MINERALS AND PETROLEUM MP401 ———— E04/2659 Olynthos Group Pty Ltd West Kimberley MP402 ———— E51/1947 Archean Resources Pty Ltd Murchison MP403 ————

23 February 2024 GOVERNMENT GAZETTE, WA 271 E16/561 Owen, Tristan David Coolgardie MP404 ———— E09/2642 Mammoth Exploration Pty Ltd Gascoyne MP405 ———— E59/2729 PBN Resources Pty Ltd Yalgoo

272 GOVERNMENT GAZETTE, WA 23 February 2024 MP406 ———— E16/562 Owen; Tristan David Coolgardie MP407 Norseman WA 6443. for late payment of rent. ———— DUNDAS MINERAL FIELD P 63/2032 Abeh Pty Ltd P 63/2033 Abeh Pty Ltd P 63/2037 Abeh Pty Ltd MP408 Coolgardie WA 6429. for late payment of rent. ————

23 February 2024 GOVERNMENT GAZETTE, WA 273 COOLGARDIE MINERAL FIELD P 15/6204 Rosa Management Pty Ltd P 15/6205 Rosa Management Pty Ltd P 15/6206 Rosa Management Pty Ltd MP409 Kalgoorlie WA 6430. following licences are liable to forfeiture under the provision of Section 96(1)(a) of the for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non- compliance with the reporting provisions. ———— BROAD ARROW MINERAL FIELD P 24/5558 Gura, Alfred EAST COOLGARDIE MINERAL FIELD P 25/2452 Shemeld, Michael George N. E. COOLGARDIE MINERAL FIELD P 27/2214 Yandal Resources Limited P 27/2247 Brownley, Linden Maurice MP410 Kalgoorlie WA 6430. for non/late payment of rent. ————

274 GOVERNMENT GAZETTE, WA 23 February 2024 EAST COOLGARDIE MINERAL FIELD P 26/4665 Raketa Resources Pty Ltd P 26/4666 Raketa Resources Pty Ltd P 26/4667 Raketa Resources Pty Ltd P 26/4668 Raketa Resources Pty Ltd P 26/4669 Raketa Resources Pty Ltd NORTH COOLGARDIE MINERAL FIELD P 29/2444 Burton, Ian Geoffrey P 29/2445 Burton, Ian Geoffrey MP411 Coolgardie WA 6429. following licences are liable to forfeiture under the provision of Section 96(1)(a) of the for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non- compliance with the reporting provisions. ———— COOLGARDIE MINERAL FIELD P 15/6218 Dawkins, Robert Peter Brooker, Darren Leslie P 15/6645 Van Kuyl, Anthony Frederick P 16/3089 Carboon, Bevan Edward Owen, Tristan David P 16/3090 Carboon, Bevan Edward Owen, Tristan David PLANNING PL101 CORRECTION PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Augusta-Margaret River Local Planning Scheme No. 1 —Amendment No. 79 Ref: TPS/2974 It is hereby notified for public information, that the notice under the above local planning scheme amendment, published on page 132 of the Government Gazette No. 11 dated 6 February 2024, contained errors which will now be corrected by replacing as follows—

23 February 2024 GOVERNMENT GAZETTE, WA 275 For the words- Scheme Map Ref No. Site Description Specific Conditions and Requirements R-R 44 Lot 201 Burnside Road, Burnside

1. All Vegetation on the land shall be preserved unless dead or dangerous or required to be removed to give effect to an approved subdivision or development.
2. Notwithstanding the provisions of Clause 4.22 of the Scheme, the average lot size for re-subdivision of the land shall 14.5 hectares.
3. Landscape Protection Areas (LPA) are to be identified on any future Subdivision Plan, and revegetated at the time of subdivision. To read- Scheme Map Ref No. Site Description Specific Conditions and Requirements R-R 44 Lot 201 Burnside Road, Burnside
4. All Vegetation on the land shall be preserved unless dead or dangerous or required to be removed to give effect to an approved subdivision or development.
5. Notwithstanding the provisions of Clause 4.22 of the Scheme, the average lot size for re-subdivision of the land shall 1.5 hectares.
6. Landscape Protection Areas (LPA) are to be identified on any future Subdivision Plan, and revegetated at the time of subdivision. A. KYRON, Chief Executive Officer. PL401 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Esperance Local Planning Scheme No. 24 —Amendment No. 9 Ref: TPS/2981 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the Shire of Esperance Local Planning Scheme amendment on 18 January 2024 for the purpose of—
7. Amending Clause 17, Table 4-Zoning and Land Use Table by replacing the ‘A’ with an ‘X’ for ‘Aged care facility’ in the ‘Rural Townsite’ zone.
8. Amending Clause 17, Table 4-Zoning and Land Use Table by replacing the ‘X’ with an ‘D’ for ‘Art gallery’ in the ‘Rural Smallholdings’ zone.
9. Amending Clause 17, Table 4-Zoning and Land Use Table by replacing the ‘A’ with an ‘X’ for ‘Brewery’ in the ‘Rural Residential’ zone and the ‘A’ with an ‘I’ in the ‘Local Centre’ and ‘Mixed Use’ zones.
10. Amending Clause 17, Table 4-Zoning and Land Use Table by replacing the ‘X’ with an ‘D’ for ‘Brewery’ in the ‘Tourism’ zone.
11. Amending Clause 17, Table 4-Zoning and Land Use Table by replacing the ‘A’ with an ‘X’ for ‘Civic use’ in the ‘Residential’ zone and the ‘D’ with an ‘X’ in the ‘Rural Residential’, ‘Rural Smallholdings’ and ‘Tourism’ zones.
12. Amending Clause 17, Table 4-Zoning and Land Use Table by replacing the ‘A’ with an ‘X’ for ‘Club premises’ in the ‘Rural Smallholdings’ zone.
13. Amending Clause 17, Table 4-Zoning and Land Use Table by replacing the ‘A’ with an ‘X’ for ‘Corrective institution’ in the ‘General Industry’ zone.
14. Amending Clause 17, Table 4-Zoning and Land Use Table by replacing the ‘D’ with an ‘A’ for ‘Exhibition centre’ in the ‘Rural Residential’ zone.
15. Amending Clause 17, Table 4 -Zoning and Land Use Table by replacing the ‘A’ with an ‘D’ for Home business’ in the ‘Residential’ zone.
16. Amending Clause 17, Table 4 -Zoning and Land Use Table by replacing the ‘D’ with an ‘I’ for Home business’ in the ‘Tourism’ zone.

276 GOVERNMENT GAZETTE, WA 23 February 2024 11. Amending Clause 17, Table 4-Zoning and Land Use Table by replacing the ‘A’ with an ‘D’ for ‘Hotel’ in the ‘Tourism’ zone. 12. Amending Clause 17, Table 4-Zoning and Land Use Table by replacing the ‘X’ with an ‘I’ for ‘Office’ in the ‘Tourism’ zone. 13. Amending Clause 17, Table 4 -Zoning and Land Use Table by replacing the ‘X’ with an ‘I’ for ‘Outbuilding’ in the ‘Commercial’, ‘Local Centre’ and ‘Tourism’ zones. 14. Amending Clause 17, Table 4 -Zoning and Land Use Table by replacing the ‘X’ with an ‘D’ for ‘Residential building’ in the ‘Tourism’ zone. 15. Amending Clause 17, Table 4—Zoning and Land Use Table by replacing the ‘I’ with an ‘D’ for ‘Single house’ in the ‘Tourism’ zone. 16. Amending Schedule 1 Clause 7 Tourism Zone Provisions by adding a new subclause (c) A Brewery development shall be connected to a reticulated sewerage system to provide for the management of trade waste. 17. Amending Schedule 1 Clause 28 by inserting new subclauses after (c) as follows— (d) Unless determined otherwise by the Local Government, any approval granted for the development of a holiday house will have a limited duration as follows— (i) An initial approval of one year (12 months) from the date of issuance, with any subsequent renewal being for a period of up to four years (48 months). (ii) Any application for renewal must be made prior to the approved time period expiring. Any application received after the approved time period expires will be treated as a new application. (iii) Where complaints against an approved Holiday House are received by the Shire of Esperance, further approval may not be granted unless the matters outlined in the complaints are adequately addressed. (e) Any renewal will be treated as a minor amendment, with the appropriate application fees applying. (f) The renewal of a holiday house will not require advertising in accordance with clause 64 of the deemed provisions 18. Amending Schedule 3 and the Scheme Map as depicted on the Scheme Amendment Map by adding an Additional Use with the following – No. Location Base Zone Additional Use(s) Development Standards/Conditions A31 Lots 70-74 The Esplanade, Esperance Commercial As a ‘D’ use Single House As determined by the Local 19. Amending Schedule 3 and the Scheme Map by adding an Additional Use with the following – No. Location Base Zone Additional Use(s) Development Standards/Conditions A32 Lot 1740 Merivale Road, Merivale. Rural As a ‘P’ use Brewery As a ‘D’ use Caravan Park Holiday Accommodation Restaurant/Café As a ‘I’ use Shop

1. The shop is not to have a Net Floor Area in excess of 150m2.
2. All development shall be setback a minimum of 10 metres from Merivale Road.
3. A BAL Rating of BAL 29 or less is to be achieved for all development.
4. Any application for development approval is to be accompanied with an associated fire management plan.
5. Amending the Scheme Map by rezoning Lot 501 on Plan 415326 from ‘Local Road’ to ‘Public Open Space’ as depicted on the Scheme Amendment Map.
6. Amending the Scheme Map by rezoning the portion of unnamed road surrounded by Reserve 3473 from ‘Local Road’ to ‘Cemetery’ as depicted on the Scheme Amendment Map.
7. Amending the Scheme Map by rezoning the road widening shown on Deposited Plan 421653 from ‘Rural Residential’ to ‘Primary Distributor Road’ as depicted on the Scheme Amendment Map.
8. Amending the Scheme Map by rezoning portions of Lot 100 on Plan 421077 from ‘Local Road’ and ‘Public Open Space’ to ‘Residential’ with a density of R12.5 as depicted on the Scheme Amendment Map.
9. Amending the Scheme Map by rezoning portions of Lot 100 on Plan 416189 from ‘Local Road’ to ‘Commercial’ as depicted on the Scheme Amendment Map.
10. Amending the Scheme Map by rezoning Lot 134 on Plan 222409 from ‘Residential’ with a density of ‘R30’ to Tourism as depicted on the Scheme Amendment Map.

23 February 2024 GOVERNMENT GAZETTE, WA 277 26. Amending the Scheme Map by transferring Lots 50—57 Connolly Street, West Beach from the Urban Development zone to the Rural Residential zone. 27. Amending the Scheme Map by transferring the truncation adjacent to Lot 5 Victoria Street, Nulsen from Local Road reserve to the ‘Residential (R40)’ zone.

28 Amending the Scheme Map by transferring Lots 5 and 665 Victoria Street, Nulsen from the Residential (R25) zone to the Residential (R40) zone. R. CHAMBERS, President. S. BURGE, Chief Executive Officer. PREMIER AND CABINET PR401 DEPUTY OF THE GOVERNOR NOTICE 2024 Given under the Letters Patent relating to the office of Governor of the State of Western Australia dated 14 February 1986 clause XXI.

1. Citation This notice is the Deputy of the Governor Notice 2024.
2. Appointment of the deputy of the Governor

1. Under the Letters Patent relating to the office of Governor of the State of Western Australia dated

14 February 1986 clause XVI, the Governor has appointed the Lieutenant-Governor, the Honourable Chief Justice Peter Damien Quinlan, to be the deputy of the Governor and in that capacity to perform and exercise all of the powers and functions of the Governor for the period

9 March 2024 to 13 March 2024 (both dates inclusive). DIRECTOR GENERAL, Department of the Premier and Cabinet. PR402 Hon R. Saffioti MLA to act temporarily in the office of Minister for Planning; Lands; Housing; Homelessness in the absence of the Hon J. N. Carey MLA for the period 23 to 25 February 2024 (both dates inclusive). PR403 Hon Dr A. D. Buti MLA to act temporarily in the office of Minister for Finance; Commerce; Women’s Interests in the absence of the Hon S. M. Ellery MLC for the period 8 to 12 April 2024 (both dates inclusive).

278 GOVERNMENT GAZETTE, WA 23 February 2024 PR404 Hon Dr A. D. Buti MLA to act temporarily in the office of Minister for Training and Workforce Development; Water; Industrial Relations in the absence of the Hon S. F. McGurk MLA for the period 20 July to 2 August 2024 (both dates inclusive). PR405 Interpretation Act 1984, has approved the following temporary appointments in the office of Treasurer; Minister for Transport; Tourism in the absence of the Hon R. Saffioti MLA— • Hon J. N. Carey MLA, for the period 20 June to 6 July 2024 inclusive; and • Hon S. M. Ellery MLC, for the period 7 to 11 July 2024 inclusive. PR406 Interpretation Act 1984, has approved the following temporary appointments in the office of Minister for Health; Mental Health in the absence of the Hon A. Sanderson MLA— • Hon S. M. Ellery MLC, for the period 22 to 25 February 2024 inclusive; and • Hon J. N. Carey MLA, for the period 26 February to 2 March 2024 inclusive. This notice supersedes acting arrangements relating to the above office that were published in Government Gazette No.10 of 2 February 2024. PUBLIC NOTICES ZZ401 Phyliss Jessie Mann, formerly of 21 Farrelly Street, Margaret River, Western Australia, deceased. On 18 January 2024 the Supreme Court of WA granted Probate [Probate No. 181/2024] to Neil Edward Mann of 203/27 Lonsdale Street, Braddon, Australin Capital Territory as Executor. respect of the estate of the late Phyliss Jessie Mann, deceased, who died on 5 November 2023, are required by the Executor to deliver particulars of their claims to Peter May McAuliffe Legal, PO Box 72, Busselton, Western Australia within one (1) month from the date of publication of this notice after which date the Executor may convey or distribute the assets, having regard only to the claims of which he then has notice.

23 February 2024 GOVERNMENT GAZETTE, WA 279 ZZ402 In the matter of the Estate of Walter Ciupryk (also known as Wolodymyr Ciupryk), late of 29 Waterston Gardens, Hillarys, in the State of Western Australia, deceased. Creditors and other persons having claims to which Section 63 of the Trustees Act 1962 relate in respect of the Estate of the deceased, who died on the 26th day of May 2023, are required by the Executor, Glen Bernard Giles to send the particulars of their claim to Messrs Taylor Smart of Unit 18, Level 2, 100 Railway Road, Subiaco in the State of Western Australia, by the 22nd day of March 2024, after which date the said Executors may convey or distribute the assets, having regard only to the claims of which they then have had notice. Dated the 14th day of February 2024. GLEN B. GILES, Taylor Smart. ZZ403 Derrick Stewart Stirling, late of Amaroo Village Mcmahon Caring Centre, 74 Lissiman Street, Gosnells, Western Australia, Storeman, deceased. Trustees Act 1962, relates) in respect of the estate of the deceased who died on 16 June 2023 are required by the Executor Joanne Michelle Roberts of care of Birman & Ride, Level 3, 16 Irwin Street, Perth WA 6000 to send particulars of their claims to her by the date being one month from the date of publication of this notice after which date the Executor may convey or distribute the assets having regard only to the claims of which she ZZ404 Estate of the late Joan Dorothea Rose, Wattle Hill Lodge, 2 Wattle Street, Bunbury, in the State of Western Australia, deceased. respect of the estate of the above-named deceased who died on the 22 May 2023 are required to send particulars of their claims to the Executors, care of RSM (see address below) within one (1) month of the date of publication of this notice after which date the Executors may convey or distribute the assets having regard only to claims of which notice has been given. c/- ANDREW MARSHALL, RSM, GPO Box R1253, Perth WA 6844. Telephone: (08) 9261 9393. Contact: Andrew Marshall. ZZ405 Estate of the late Thomas William Sermon, Hamersley Aged Care Home, 441 Rokeby Road, Subiaco, in the State of Western Australia, deceased. respect of the estate of the above-named deceased who died on 29 September 2023 are required to send particulars of their claims to the Executors, care of RSM (see address below) within one (1) month of the date of publication of this notice after which date the Executors may convey or distribute the assets having regard only to claims of which notice has been given. c/- ANDREW MARSHALL, RSM, GPO Box R1253, Perth WA 6844. Telephone: (08) 9261 9393. Contact: Andrew Marshall.

280 GOVERNMENT GAZETTE, WA 23 February 2024 ZZ406 Gerhard Gross, formerly of 17 Gloucester Street Victoria Park, late of 53 Hawkevale Road, High Wycombe, Western Australia, deceased. respect of the estate of the deceased, who died on 10 October 2023, are required by the Executor Michael Gross of 13 Wanbrow Way Duncraig WA 6023, to send particulars of their claims to him 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 he then has notice. ZZ407 Patrick Joseph Lynch (also known as Patrick Lynch) late of 1 Ceol na Habhann, Chapeltown, Valentia, County of Kerry, Ireland, deceased. respect of the Estate of the Deceased who died on 30 October 2020, are required by the Executor, John Lynch, 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. ZZ408 Re: Frances Hester Baden late of CaSPA Care, 203 Napier Street, South Melbourne, Victoria and previously of 3 Ailsa Street, Wembley Downs, WA, Retired, deceased. respect of the estate of the deceased, who died on 6 August 2023, are required by the executors Martyn Scott Cavanagh and Angela Faith Edmands of c/- 77 Pangbourne Street, Wembley, WA, 6014 to send particulars of their claims to the executors within one (1) month from 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. ZZ409 Estate of the late Errol Robins, Villa 211 Ocean Gardens, 60 Kalinda Drive, City Beach in the State of Western Australia, deceased. respect of the estate of the above-named deceased who died on 3 September, 2023 are required to send particulars of their claims to the Executors, care of Matthew Robins (see address below) within one (1) month of the date of publication of this notice after which date the Executors may convey or distribute the assets having regard only to claims of which notice has been given. c/- MATTHEW ROBINS, PO Box 1930, Margaret River WA 6285. Telephone: 0408 674 560. Contact: Matthew Robins.

23 February 2024 GOVERNMENT GAZETTE, WA 281 ZZ410 Estate of Sandra Noni Gray late of 215A Ravenscar Street, Doubleview, deceased. Trustees Act 1962, as amended, relates) in respect of the estate of the deceased, who died on the 21st May 2023 are required by the personal representatives Stephen Russell Matthews and Geoffrey Raymond Lofts to send particulars of their claims to the personal representatives care of MDS LEGAL of 2nd Floor, 16 Irwin Street, Perth, within one (1) month of the date of publication of this notice, after which date the personal representatives may convey or distribute the assets having regard only to the claims of which they have notice of and the personal representatives will not be liable to any person who has a claim but they have had no notice of it at the time of distribution. Dated this 30th day of November 2023. MDS LEGAL, for the personal representative. ZZ411 Creditors and other persons having claims to which Section 63 of the Trustees Act 1962 as amended relates in respect of the estate of Gregory Vernon Roberts late of 33 Buckingham Way Collie who died on 6 December 2022 are required by the personal representative to send particulars of their claims addressed to the Executors of the Estate of Gregory Vernon Roberts deceased care of Young & Young

5 Spencer Street Bunbury by the 25 March 2024 after which date the personal representative may convey or distribute the assets having regard only to the claims of which the personal representative ZZ412 Jean Anne Edwards late of 13A Sartorial Place, Greenfields, Western Australia, Home Duties, respect of the estate of the deceased who died on 9 June 2023 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 AMANDA LISTON LEGAL as solicitors for the personal representative. ZZ413 Christine Ann Kay Reith, late of 263 Birdwood Drive, Woodridge in the State of Western Australia, Creditors and other persons having claim (to which Section 63 of the respect of the Estate of the Deceased, who died on 31 August 2023, are required by the Executors, Kylee Gwendoline Flanagan and Nicole Rose Swallow to send the particulars of any claim to them c/- Flanagan Legal, PO Box 2093, Bunbury, WA, 6231 within one month of the date of this publication, after which date the Executors may distribute the assets, having regard only to the claims of which they have had notice.

282 GOVERNMENT GAZETTE, WA 23 February 2024 ZZ414 Hilda Winifred Johnson of Residency by Dillons Mount Lawley, 51–53 Second Avenue, Mount Lawley in the State of Western Australia, 6050, deceased. respect of the deceased who died on 10 May 2022 are required by the legal personal representative of Hilda Winifred Johnson to send particulars of their claim to her, care of Sherlock Legal, PO Box 522, Bassendean in the State of Western Australia 6934 (Ref: 22-0045) within one (1) month of the date of publication hereof after which date the legal personal representative may convey or distribute the assets having regard to the claims of which they then have notice. SHERLOCK LEGAL as solicitors for the legal personal representative. ZZ415 respect of the estates of the undermentioned deceased persons are required by the respective personal representatives care of Culshaw Miller Lawyers, Level 8, 233 Adelaide Terrace, Perth, Western Australia to send particulars of their claims to them within one calendar month of the date of publication of this notice, after which date the personal representatives may convey or distribute the assets having regard only to the claims of which they then have notice— Holdsworth, Karen Dale late of 22 Bellairs Road, Kardinya, Western Australia. Died 16 July 2022. Palmer, Barbara late of 9 Brailsford Way, Butler, Western Australia. Died 1 October 2023. Ballantyne, Betty Constance late of Rosewood Care Leederville, 5 Britannia Road, Leederville, Western Australia. Died 5 September 2023. Miskiewicz, Ludwig Stephan late of 44 Bayonne Corner, Piara Waters, Western Australia. Died 11 May 2023. Murphy, Martin Joseph late of Aegis Banksia Park, 20 Bright Road, Calista, Western Australia. Died ZZ416 Diana Mary Hurley, late of 30 Bay Road, Claremont, Western Australia, Library/Exam Supervisor, Trustees Act 1962, relates) in respect of the estate of the deceased who died on 15 May 2023 are required by the Executor David Michael Hurley of care of Birman & Ride, Level 3, 16 Irwin Street, Perth WA 6000 to send particulars of their claims to him by the date being one month from the date of publication of this notice after which date the Executor may convey or distribute the assets having regard only to the claims of which he then has notice.

23 February 2024 GOVERNMENT GAZETTE, WA 283 ZZ417 respect of the Estates of the undermentioned deceased persons are required to send particulars of their claims to me on or before 23 March 2024, after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice. Eyre, Annette Elsie, late of 13 Hamelin Ave, Jurien Bay, in the State of Western Australia, who died on 27 September 2023. Eyre, James Ross Senior, late of 13 Hamelin Ave, Jurien Bay, in the State of Western Australia, who died on 1 December 2023. JAMES ROSS EYRE—Executor, PO Box 173, Midland DC, WA, 6936. Telephone: 0423207899. ZZ418 respect of the Estates of the undermentioned deceased persons are required to send particulars of their claims to me on or before 25 March 2024 after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice. Akram, Mohammad Arab, late of Brightwater Birralee Nursing Home, 155 Odin Road, Innaloo, who died on 3 December 2021 (PM33080221 EM214). Bevan, Rayma Joy (also known as Rayma Bevan), late of Aegis Balmoral, 29 Gardner Street, Como, who died on 15 January 2024 (DE33141141 EM23). Cannon, Marion Maisie Gillespie, late of SwanCare Ningana, 3 Allen Court, Bentley, who died on

16 January 2024 (DE19933953 EM17). Caporn, Ross MacGregor, late of 35 Markham Way, Balga, who died on 11 December 2023 (DE33066948 EM13). Chamberlain, Terry Michael, late of Agmaroy Facility, 115 Leach Highway, Wilson, who died on 16 December 2023 (DE19883331 EM16). Cohen, Barbara Joy, late of Regis Cypress Gardens, 22 Coongan Avenue, Greenmount, who died on 5 February 2023 (PM33154104 EM27). Cornthwaite, Keith Alan Frederick, late of Unit 2, 44 Inglewood Lane, Inglewood, who died on 23 July 2023 (PM33165553 EM27). Dawes, Gary Richard, 4 Butterick Place, Girrawheen, who died on 6 August 2023 (DE33120966 EM16). George, Terrance Anthony, formerly of Opal Geraldton, 20 Milford Street, Geraldton, late of Geraldton Shore Community Care, 159 Fitzgerald Street, Geraldton, who died on 13 November 2021 (PM33145881 EM214). Gleadow, John, late of 22 Wheatcroft Street, Scarborough, who died on 20 May 2022 (DE33194235 EM36). Gouyet, Peter Francous (also known as Peter Francois Gouyet), late of Windsor Park Aged Care, 110 Star Street, Carlisle, who died on 25 November 2023 (PM33138092 EM214). Hanstrum, Norman, who died on 37 Emmerson Street, North Perth, who died on 12 January 2024 (DE33086327 EM15). Jacks, Lilian (also known as Lillian Jacks or Lilian Ivy Jacks or Lillian Ivy Jacks), late of Bethany Beachside Village, 629 Two Rocks Road, Yanchep, who died on 21 January 2024 (PM33144979 EM214). Kent, Roger Samuel, late of Baptistcare David Buttfield Centre, 649 North Beach Road, Gwelup, who died on 25 August 2023 (PM33170504 EM27). Kocins, Inese, late of 71 State Street, Victoria Park, who died on 20 December 2023 (DE33118213 EM37). Mather, Elizabeth Jane, RAAFA Estate Meadow Springs, McNamara Lodge, 41 Portrush Parade, Meadow Springs, who died on 6 January 2024 (DE33040507 EM14). Milana, Franceso, late of Aegis Stirling, 32 Spencer Avenue, Yokine, who died on 1 January 2024 (DE33100564 EM32).

284 GOVERNMENT GAZETTE, WA 23 February 2024 Olsson, Anne-Renate (also known as Renate Olsson), late of Meath Care Nursing Home, 18 Hocking Road, Kingsley, who died on 5 December 2023 (DE19980351 EM26). Smith, Neil Ronald, late of Opal Armadale Place, 21 Angelo Street, Armadale, who died on

20 November 2023 (DE19980398 EM16). BRIAN ROCHE, Public Trustee,

553 Hay Street Perth WA 6000. Telephone: 1300 746 212.