9 June 2023 GOVERNMENT GAZETTE, WA 1603
— PART 2 —
ABORIGINAL AFFAIRS
AS101
CORRECTION
ABORIGINAL CULTURAL HERITAGE ACT 2021
ABORIGINAL CULTURAL HERITAGE ACT 2021 STATUTORY GUIDELINES—CORRECTION NOTICE
An error occurred in the notice published under the above heading on page 1384 of the Government
Gazette No. 64 dated 30 May 2023 and is corrected as follows;
ACH MANAGEMENT CODE
(a) In Appendix 1—Activity Tiers delete the following text;
"Most specific description of activity applies
(1) This regulation applies if an activity (the overlapping activity) is described by more than 1
activity set out in Schedule [X].
(2) The most specific activity is—
(a) if 1 or more of the activities set out in Schedule [X] that describe the overlapping activity
is an exempt activity—the exempt activity set out in Schedule [X] that most specifically
describes the overlapping activity; or
(b) otherwise—the activity set out in Schedule [X] that most specifically describes the
overlapping activity.
(3) The overlapping activity is taken not to be any activity set out in Schedule [X] that is not the
most specific activity"
(b) and insert—
"40. Most specific description of activity applies
(1) This regulation applies if an activity is described by more than 1 item in Schedule 1.
(2) The activity is taken to be described by the most specific item, and not by any other item, in
Schedule 1.
(3) The most specific item is—
(a) unless paragraph (b) applies—the item in Schedule 1 that most specifically describes
the activity; or
(b) if 1 or more of the items set out in Schedule 1 that describe the activity are under a
Subdivision heading referring to exempt activities—the item in Schedule 1 under a
Subdivision heading referring to exempt activities that most specifically describes the
activity."
CEMETERIES
CE401
CEMETERIES ACT 1986
City of Busselton
SCHEDULE OF FEES AND CHARGES
In pursuance of the powers conferred by section 53 of the Cemeteries Act 1986, the City of Busselton
hereby records having resolved on 20 April 2023, to set the following fees effective from 1 July 2023.
The fees shall be payable upon application for services detailed hereunder, City of Busselton
Cemeteries.
All Fees and Charges are inclusive of 10% GST (Except where shown exempt)
CEMETERY FEES $
Land Grant for Right of Burial
Grant of Right of Burial—25 years (GST exempt) 2,110.00
Grant of Right of Burial—Ashes—Perpetual (GST exempt) 270.00
Pre-purchased Grant of Right of Burial—25 years (GST exempt) 2,330.00
Renewal of Grant of Right of Burial—Additional 25 years (GST exempt) 2,110.00
1604 GOVERNMENT GAZETTE, WA 9 June 2023
CEMETERY FEES $
Burial Charge
Reservation of a specific plot (excludes lawn section) 468.00
Standard Burial—Depth to 2.1m 1,277.00
Non-standard Burial (oversize) –Per additional 30cm depth, width and length
(additional to standard burial charge) 122.00
Standard Burial Charge—Re-open for Second Burial 1,277.00
Non-standard Re-open and Burial (oversize)—Per additional 30cm depth, width
and length (additional to standard burial charge) 121.00
Mausoleum—Burial per crypt 1,117.00
Burial—Stillborn Child (single depth not to be re-opened for joint burial) 322.00
Burial—Child up to 12 years old (single depth not to be re-opened for joint burial) 613.00
Construction of Vault (Does not include building application fees) At cost plus GST
Vault Grant of Right of Burial 1,329.00
Vault Interment Fee (each) 1,223.00
Vault maintenance fee (annual) 168.00
Exhumation
Re-opening grave for exhumation 2,501.00
Re-burial in new or same grave (additional fees may apply) 1,277.00
Interment of Ashes
Niche Wall—Single Placement 499.00
Niche Wall—Double Placement / Side by Side 638.00
Rose Garden—Double Placement 712.00
Native Garden—Double Placement 712.00
Contemplation Garden—Double Placement 712.00
Memorial Drive—Four Placements 777.00
Bench Seat—Single Placement (additional fees may apply) 403.00
Childrens Garden—Child up to 12 years old 322.00
Interment into Existing Grave 415.00
Ashes Interment elsewhere within the Cemetery—Single Placement 712.00
Removal of Ashes for Return to Grant Holder 340.00
Monuments/Memorials
Placement of a memorial without Interment of ashes 87.00
Childrens Garden—Memorial placement only (Grant of Right of Burial not
required) At cost plus GST
Bench Seating—Memorial placement and cost of bench At cost plus GST
Bench Seating—Installation (hourly rate) 56.00
Plaques, Vases and other Monumental Works At cost plus GST
Plinth (Small—concrete) 56.00
Plinth (Large—concrete) 77.00
Request for Minor Monumental Works (cleaning, repairs, maintenance etc.) 31.00
Administration Fee 31.00
Miscellaneous Charges
Interment in open ground without due notice, not within usual hours and
prescribed or on a Saturday, Sunday or Public Holiday (in addition to Interment
costs) Restrictions Apply
1,135.00
Annual Funeral Directors Licence (GST exempt) 458.00
Annual Monumental Masons Licence (GST exempt) 381.00
Funeral Directors Single Funeral Permit (GST exempt) 211.00
Single Funeral Permit (GST exempt) 535.00
Monumental Masons Single Permit to Erect a Monument (Annual Licence
Holder) (GST exempt) 163.00
9 June 2023 GOVERNMENT GAZETTE, WA 1605
CEMETERY FEES $
Single Permit to Erect a Monument (GST exempt) 184.00
Copy of Grant of Right of Burial (GST exempt) 85.00
Refund Administration Fee (GST exempt) 15% of original
purchase price
Dated 1st June 2023.
SARAH PIERSON, Acting Director Finance and Corporate Services.
ELECTORAL
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ELECTORAL ACT 1907
REGISTRATION OF POLITICAL PARTIES—WESTERN AUSTRALIA
Notice of Continued Registration
WA Labor
I hereby give notice that I am satisfied the application for continued registration made by WA Labor
complies with the Electoral Act 1907. Thus, in accordance with section 217 of the Electoral Act 1907, on
Tuesday, 6 June 2023 I replaced the information in the register of political parties for "Australian Labor
Party (Western Australian Branch)" with the political party name "WA Labor". The party has also
registered "WA Labor" as the party name for use on ballot papers.
Dated 6 June 2023.
ROBERT KENNEDY, Electoral Commissioner.
JUSTICE
JU401
JUSTICES OF THE PEACE ACT 2004
RESIGNATIONS
It is hereby notified for public information that the Minister has accepted the resignation of—
Steven John Tilbrook of Lake King
Robert Henry Sexton of Kojonup
John Evan Mudie of Willyung
Kenneth John Gawn of Busselton
Colleen Margaret Borger of Lathlain
from the Office of Justice of the Peace for the State of Western Australia.
JOANNE STAMPALIA, Deputy Director General, Court and Tribunal Services.
LOCAL GOVERNMENT
LG401
LOCAL GOVERNMENT ACT 1995
BUSH FIRES ACT 1954
City of Gosnells
BUSH FIRE BRIGADE LOCAL LAW 2023
Under the powers conferred by the Local Government Act 1995, the Bush Fires Act 1954 and under all
other powers enabling it, the Council of the City of Gosnells resolved on 23 May 2023 to make the
following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the City of Gosnells Bush Fire Brigade Local Law 2023.
1.2 Commencement
This local law will come into operation 14 days after the day on which it is published in the Government
Gazette.
1606 GOVERNMENT GAZETTE, WA 9 June 2023
1.3 Interpretation
In this local law unless the context otherwise requires—
Act means the Bush Fires Act 1954;
brigade area means the district;
brigade officer means a person holding a position referred to in clause 2.2(1)(b);
bush fire brigade is defined in section 7 of the Act;
bush fire brigade operating procedures means the Brigade Operating Procedures approved by
the Chief Executive Officer as amended from time to time;
Chief Executive Officer means the Chief Executive Officer of the City of Gosnells;
district means the district of the local government;
local government means the City of Gosnells;
normal brigade activities are defined by section 35A of the Act; and
State Government means the State Government of Western Australia.
1.4 Application
This local law applies throughout the district.
PART 2—BUSH FIRE BRIGADE
2.1 Establishment of Bush Fire Brigade
(1) The local government may establish a bush fire brigade for the purpose of carrying out normal
brigade activities.
(2) A bush fire brigade is established on the date of the local government's decision under subclause (1).
(3) A bush fire brigade established by the local government prior to the day on which this local law
comes into operation is to be taken to be a bush fire brigade established under and in accordance with
this local law.
2.2 Name and Officers of a Bush Fire Brigade
(1) On establishing a bush fire brigade under clause 2.1(1), the local government is to—
(a) give a name to the bush fire brigade;
(b) ensure appropriate processes are in place to appoint—
(i) a Captain (also a Bush Fire Control Officer);
(ii) a First Lieutenant;
(iii) a Second Lieutenant; and
(iv) additional Lieutenants if the local government considers it necessary.
(2) When considering the appointment of a person to the positions in subclause (1)(b), the local
government is to have regard to the qualifications and experience which may be required to fill the
position.
2.3 Duties of Captain and other brigade officers
(1) The duties of the Captain are to—
(a) provide leadership to the bush fire brigade;
(b) liaise with the local government concerning bushfire risk mitigation and brigade activities.
(2) The duties of other brigade officers are to support the Captain in the exercise of their duties.
2.4 Meetings of bush fire brigade
(1) All bush fire brigade meetings are to be conducted in accordance with the bush fire brigade operating
procedures.
(2) In this clause, a reference to a bush fire brigade meeting means—
(a) an annual general meeting of a bush fire brigade to be held in June of each year;
(b) an ordinary meeting of a bush fire brigade; or
(c) a special meeting of a bush fire brigade.
(3) The Captain is to forward a copy of the minutes of the annual general meeting of the bush fire
brigade to the local government within one month after the meeting.
PART 3—ADMINISTRATION OF BUSH FIRE BRIGADE
3.1 Local government responsible for structure
(1) The local government is to ensure that there is an appropriate structure through which the
organisation of bush fire brigades is maintained.
(2) The Chief Executive Officer is to establish and implement bush fire brigade operating procedures.
(3) The local government may make other applicable rules, policies and procedures as determined
necessary by the local government.
9 June 2023 GOVERNMENT GAZETTE, WA 1607
3.2 Equipment in bush fire brigade area
(1) The local government is to provide the bush fire brigade with appliances, equipment and apparatus
for which funding has been provided by the State Government.
(2) The local government may provide the bush fire brigade with additional appliances, equipment, or
funding at its discretion.
Dated 1st June 2023.
The Common Seal of the City of Gosnells was affixed by authority of a resolution of the Council in the
presence of—
TERRESA LYNES, Mayor.
IAN COWIE PSM, Chief Executive Officer.
———————————
LG402
CAT ACT 2011
LOCAL GOVERNMENT ACT 1995
Shire of Waroona
CAT LOCAL LAW 2023
Under the powers conferred by the Cat Act 2011, the Local Government Act 1995 and under all other
powers enabling it, the Council of the Shire of Waroona resolved on 23 May 2023 to make the following
local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Shire of Waroona Cat Local Law 2023.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government Gazette.
1.3 Application
This local law applies throughout the district.
1.4 Interpretations
In this local law unless the context otherwise requires—
Act means the Cat Act 2011;
animal welfare organisation means a non-government, not-for-profit organisation with the
welfare of animals as their reason for existence;
applicant means the occupier of the premises who makes an application for a permit under this
local law;
approved cat breeder has the meaning given to it in the Act;
authorised person means a Ranger or another person appointed by the CEO to perform all or any
of the functions conferred on an authorised person under this local law;
cat means an animal of the species felis catus or a hybrid of that species;
cat management facility has the meaning given to it in the Act;
cattery means any premises where 3 or more cats are boarded, housed or trained temporarily,
usually for profit, and where the occupier of the premises is not the ordinary owner of the cats;
CEO means the Chief Executive Officer of the local government;
Council means the Council of the local government;
district means the district of the local government;
effective control in relation to a cat means any of the following methods—
(a) held by a person who is capable of controlling the cat;
(b) secured in a cage; or
(c) any other means of preventing escape;
group dwelling (commonly referred to as a duplexes, villas or townhouses) means a dwelling that
is 1 of a group of 2 or more dwellings on the same lot such that no dwelling is placed wholly or
partly vertically above the other, except where special conditions of landscape or topography
dictate otherwise, and includes a dwelling on a survey strata with common property;
local government means the Shire of Waroona;
local government property has the meaning expressed in section 3.35 of the Local Government
Act 1995;
multiple dwelling (often called flats, apartments or units) meaning a dwelling in a group of more
than 1 dwelling on a lot where any part of a dwelling is vertically above part of any other but—
(a) does not include a group dwelling; and
(b) includes any dwellings above the ground floor in a mixed use development;
1608 GOVERNMENT GAZETTE, WA 9 June 2023
nuisance means—
(a) an activity or condition which is harmful or annoying and which gives rise to legal
liability in the tort of public or private nuisance at law;
(b) an unreasonable interference with the use and enjoyment of a person of his or her
ownership or occupation of land;
(c) interference which causes material damage to land or other property on the land affected
by the interference;
owner has the meaning given to it in the Act;
permit means a permit issued by the local government under clause 4.7;
permit holder means a person who holds a valid permit under clause 4.7;
pet shop means a shop or place used for the conduct of a business, in the course of which an animal
is kept for the purposes of sale;
premises has the meaning given to it in the Act;
public place has the meaning given to it in the Act;
registered has the meaning given to it in the Act;
RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western
Australia;
Schedule means a Schedule to this local law;
scheme means a local planning scheme of the local government made by it under the Planning and
Development Act 2005 and its antecedents;
single dwelling means a house that stands alone on its own parcel of land;
veterinary hospital means any premises at which veterinary surgery is practised at which
animals receive treatment, nursing care, and other services required for the reception,
treatment and care of animals suffering from disease or injury or in need of surgical or medical
treatment or assistance;
veterinary clinic means any premises at which veterinary surgery is practised, but at which
animals are not retained overnight;
veterinary surgery means the art and science of veterinary surgery and veterinary medicine, and,
without limiting the generality of the foregoing, includes—
(a) the examination of any animal for the purpose of the diagnosis of disease in, or injury to,
that animal, or the conduct of tests, whether physiological or pathological, on any animal
for diagnostic purposes;
(b) the provision of advice based upon diagnosis of disease of, or injury to, any animal;
(c) the surgical or medical treatment of any animal;
(d) the giving of any anesthetic to, or the performance of surgical operations on, any animal;
and
(e) the doing or performing of any act, matter, procedure, or thing that is prescribed
pursuant to section 31 as forming part of the practice of veterinary surgery.
PART 2—CONTROL OF CATS
2.1 Cats in public places
(1) A cat shall not be permitted in a public place, if in the opinion of an authorised person, the cat is
causing a nuisance.
(2) If a cat is at any time in a public place in contravention of subclause (1)—
(a) the owner of the cat commits an offence; and
(b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act.
2.2 Cat in prohibited areas
(1) A cat shall not be in any Cat Prohibited Area as identified in Schedule 3.
(2) If a cat is at any time in a place in contravention of subclause (1)—
(a) the owner of the cat commits an offence; and
(b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act.
2.3 Direction to abate the nuisance of a cat
(1) The owner of a cat, or any other person responsible for a cat, shall not allow cat to create a nuisance.
(2) Where, in the opinion of an authorised person, a cat is creating a nuisance, the local government
may give written notice to the owner of the cat or any other person apparently in control of the cat,
requiring that person to abate the nuisance.
(3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in
force for the period specified by the local government on the notice or until the local government
withdraws the notice.
(4) A person given a notice to abate the nuisance shall comply with the notice within the period specified
in the notice. If the owner fails to comply—
(a) the owner of the cat commits an offence; and
(b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act.
9 June 2023 GOVERNMENT GAZETTE, WA 1609
2.4 Direction to confine a cat
(1) In the opinion of an authorised person if a cat is causing a nuisance, an authorised person may direct
the owner to confine the cat to the property that it normally resides for a period which shall not exceed
28 days in the first instance. Repetitive breaches can result in up to 365 days.
(2) If the owner fails to comply—
(a) the owner of the cat commits an offence; and
(b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act.
PART 3—CAT PROHIBITED AREAS
3.1 Designation of Cat Prohibited Areas
(1) The Local Government may designate local government property as a Cat Prohibited Area by stating
a description of the land in Schedule 3.
(2) The Local Government shall make available to the public the list of lands designated as Cat
Prohibited Areas after consideration of any submissions received in relation to the consideration of
lands to be designated cat prohibited areas under this clause.
(3) In designating land for the purpose of this clause the Local Government shall have regard to clause
2.1.
(4) (a) The Local Government shall not designate a place or area to be a Cat Prohibited Area without
first giving Local Public Notice for a period of at least 28 days of its intention to designate a
place or area as a Cat Prohibited Area and considering any submissions received in response
the Local Public Notice; and
(b) The Local Government shall publish an up to date list of lands or areas specified as Cat
Prohibited Areas in a Local Public Notice after the consideration of any submissions received.
PART 4—PERMITS FOR KEEPING CATS
4.1 Interpretation
In this Part, and for the purposes of applying the definition of "cattery" in Part 3, a cat does not include
a cat less than 6 months old.
4.2 Cats for which a permit is required
(1) Subject to subclause (2) a person is required to have a permit—
(a) to keep 3 or more cats on any premises;
(b) to use any premises as a cattery; or
(c) to be an approved cat breeder.
(2) A permit is not required under subclause (1) if the premises concerned are—
(a) a refuge of the RSPCA, to which a scheme approval is valid;
(b) a cat management facility which has been established by and is maintained by the local
government for the impounding of cats;
(c) a veterinary hospital;
(d) a veterinary surgery;
(e) a veterinary clinic; or
(f) a pet shop.
4.3 Transitional provisions
Where an owner has 3 or more currently registered cats on their premises prior to this local law coming
into operation, that owner is not required to have a permit: however that owner will not substitute or
replace any cat (in excess of 3 cats) once the relevant cat—
(a) dies: or
(b) is permanently removed from the premises.
4.4 Application for permit
An application for a permit under clause 4.2 shall be—
(a) made in writing by an occupier of either a single or multiple dwelling or premises in relation to
that single or multiple dwelling or premises;
(b) in a form approved by the local government, describing and specifying the number of cats to be
kept at the single or multiple dwelling or on the premises;
(c) accompanied by the plans of the single or multiple dwelling or premises to which the application
relates, to the specification and satisfaction of the local government;
(d) accompanied by the consent in writing of the owner of the single or multiple dwelling or
premises, where the occupier is not the owner of the single or multiple dwelling or premises to
which the application relates;
(e) accompanied by the application fee for the permit determined by the local government from
time to time; and
(f) accompanied by written evidence that either the applicant or another person who will have
charge of the cats, will reside at the single or multiple dwelling or on the premises or, in the
opinion of the local government, sufficiently close to the single or multiple dwelling or premises
so as to maintain effective control of the cats and ensure their health and welfare.
1610 GOVERNMENT GAZETTE, WA 9 June 2023
4.5 Refusal to determine application
The local government may refuse to determine an application for a permit if it is not made in accordance
with clause 4.4.
4.6 Factors relevant to determination of application
(1) In determining an application for a permit the local government may have regard to—
(a) the physical suitability of the premises for the proposed use;
(b) the suitability of the zoning of the premises under any scheme which applies to the premises
for the use;
(c) the environmental sensitivity and general nature of the location surrounding the premises for
the proposed use;
(d) the structural suitability of any enclosure in which any cat is to be kept;
(e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to the occupiers of
adjoining land;
(f) the likely effect on the amenity of the surrounding area of the proposed use;
(g) the likely effect on the local environment, including any pollution or other environmental
damage which may be caused by the use;
(h) any submissions received under subclause (2) within the time specified in subclause (2); and
(i) such other factors which the local government may consider to be relevant in the circumstances
of the particular case.
(2) Where an application is received pursuant to clause 4.4 the local government shall—
(a) consult with adjoining occupiers and landowners; and
(b) advise the adjoining occupiers and landowners that they may make submissions to the local
government on the application for the permit within 14 days of receiving that advice, before
determining the application for the permit.
4.7 Decision on application
(1) The local government may—
(a) approve an application for a permit, in which case it shall approve it subject to the conditions
in clause 4.8, and may approve it subject to any other conditions it considers fit; or
(b) refuse to approve an application for a permit.
(2) If the local government approves an application under subclause (1), then it shall issue to the
applicant a permit in the form determined by the CEO.
(3) If the local government refuses to approve an application under subclause (1), then it is to advise
the applicant accordingly in writing.
4.8 Conditions
(1) Every permit is issued subject to the following conditions—
(a) the permit holder will provide adequate space for the exercise of the cats;
(b) the single or multiple dwelling or premises shall be maintained in good order and in a clean
and sanitary condition;
(c) the written consent to the application for a permit of the adjoining multiple dwellings has been
obtained;
(d) the written consent to the application from the owner of the premises, if not the applicant, has
been obtained;
(e) without the consent of the local government, the permit holder will not substitute or replace
any cat once that cat—
(i) dies; or
(ii) is permanently removed from the premises.
(f) those conditions contained in Schedule 1.
(2) In addition to the conditions subject to which a permit is to be issued under this clause, a permit
may be issued subject to other conditions, as the local government considers appropriate.
(3) A permit holder who fails to comply with a condition of a permit commits an offence.
4.9 Duration of permit
Unless otherwise specified, in a condition on a permit, a permit commences on the date of issue and
until any cat either—
(a) dies;
(b) is permanently removed from the premises; or
(c) the permit holder ceases to reside at the dwelling or premises to which the permit relates.
4.10 Revocation
The local government may revoke a permit if the permit holder fails to observe any provision of this
local law or a condition of a permit.
9 June 2023 GOVERNMENT GAZETTE, WA 1611
4.11 Permit not transferable
A permit is not transferable in relation to either the permit holder or the dwelling or premises.
PART 5—IMPOUNDING OF CATS
5.1 Cat management facility
(1) The local government may establish and maintain a cat management facility or facilities, managed
by an authorised person for the impounding of cats and the subsequent management of those cats under
this local law. A local government may operate share cat management facilities with another local
government.
(2) The local government may determine from time to time—
(a) the times when a cat management facility will be open for the reception and release of cats;
and
(b) times for the sale of cats from the facility.
(3) An authorised person, referred to in subclause (1), is to be in attendance at the facility for the release
of impounded cats at the times and on the days of the week as are determined by the CEO.
5.2 Impounding register
(1) The local government is to keep a proper record of impounded cats (the Impounding Register).
(2) The Impounding Register is to contain the following information about each impounded cat—
(a) if known, the breed and sex of the cat;
(b) the colour, distinguishing markings and features of the cat;
(c) if known, the name and address of the owner;
(d) the date, time and location of seizure and impounding;
(e) the name and address of the authorised person who impounded the cat and, if applicable, the
person who delivered a cat for impounding;
(f) the reason for the impounding;
(g) a note of any direction made by an authorised person under clause 2.2 relating to the cat; and
(h) the date of the sale, release or destruction of the cat.
(3) The Impounding Register is to be available for inspection by the public.
5.3 Charges and costs
The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of
the Local Government Act 1995—
(a) the charges to be levied under section 31 of the Act relating to the seizure, impounding, caring,
microchipping, sterilisation or destruction/disposal of a cat; and
(b) the additional fee payable under section 31 of the Act where a cat is released or sold at a time
or on a day other than those determined under clause 5.1(2).
5.4 Release of impounded cats
(1) A claim for the release of a cat seized and impounded is to be made to the authorised person referred
to in clause 5.1(1) or in the absence of that person, to the CEO.
(2) The authorised person referred to in clause 5.1(1) is not to release a cat seized and impounded to
any person unless that person has produced, to their satisfaction, evidence—
(a) of his or her ownership of the cat or of his or her authority to take delivery of it;
(b) that he or she is the person identified as the owner on a microchip implanted in the cat;
(c) of proof of registration of the cat in accordance with the Act;
(d) if a permit under Part 3 is required, proof of obtaining the permit; and
(e) of payment of the permit cost imposed by the local government in accordance with the
transitional provisions in clause 4.3 relating to the keeping of in excess of 3 cats.
5.5 No breaking into or destruction of a cat management facility
(1) In this clause, a reference to a person does not include the person authorised in clause 5.1(1).
(2) A person who—
(a) releases or attempts to release a cat from a cat management facility established under clause
5.1(1); or
(b) destroys, breaks into, damages or in any way interferes with or renders ineffective—
(i) any cat management facility established under clause 5.1; or
(ii) any vehicle or container used for the purpose of catching, holding or conveying a seized
cat,
commits an offence.
PART 6—MISCELLANEOUS
6.1 Giving of a notice
A notice given under this local law may be given to a person—
(a) personally;
1612 GOVERNMENT GAZETTE, WA 9 June 2023
(b) by mail addressed to the person; or
(c) by leaving it for the person at her or his address.
6.2 Content of a notice
The contents of a notice given under section 6.1 can be—
(a) ascertained from the person directly;
(b) recorded by the local government under the Act; or
(c) ascertained from enquiries made by the local government.
PART 7—OBJECTIONS AND REVIEW
7.1 Objections and review
Any person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a
permit, or by the refusal of the local government to grant a permit may object to the decision under
Division 1 of Part 9 of the Local Government Act 1995.
PART 8—OFFENCES AND PENALTIES
8.1 Offences
(1) Any person who fails to do anything required or directed to be done under this local law, or who does
anything which under this local law that person is prohibited from doing, commits an offence.
(2) Any person who commits an offence under this local law is liable, on conviction, to a penalty not
exceeding $5000, and if the offence is of a continuing nature, to an additional penalty not exceeding
$500 for each day or part of a day during which the offence has continued.
8.2 Prescribed offences
An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 84
of the Act. The amount appearing directly opposite each such offence is the modified penalty in relation
to that offence.
8.3 Forms
(1) The issue of infringement notices, their withdrawal and the payment of modified penalties are dealt
with in Division 4 of Part 4 of the Act.
(2) An infringement notice given under section 62 of the Act is to be in the form of Form 6 of Schedule
1 of the Cat Regulations 2012.
(3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of
Form 7 of Schedule 1 of the Cat Regulations 2012.
————
SCHEDULE 1
ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS
[Clause 4.8]
A. Permit to use premises as a cattery
Additional conditions
(1) All building enclosures must be structurally sound, have impervious flooring, be well lit and
ventilated and otherwise comply with all legislative requirements;
(2) There is to be a feed room, wash area, isolation cages and maternity section;
(3) Materials used in structures are to be approved by the local government;
(4) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices and other
defects;
(5) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to corrosion
and constructed to prevent the harbourage of vermin;
(6) Wash basin with the minimum of cold water to be available to the satisfaction of the Local
Government;
(7) The maximum number of cats to be kept on the premises stated on the permit is not to be exceeded;
(8) An register is to be kept recording in respect of each cat the—
(a) date of admission;
(b) date of departure;
(c) breed, age, colour and sex; and
(d) the name and residential address of the owner;
(9) The register is to be made available for inspection on the request of an authorised person;
(10) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to minimise
disease;
9 June 2023 GOVERNMENT GAZETTE, WA 1613
(11) Any sick or ailing cat is to be removed from the premises or transferred to an isolation cage
separated from other cats on the premises; and
(12) Any other matter which in the opinion of the local government is deemed necessary for the health
and wellbeing of any cat, or person, or adjoining premises or the amenity of the area (or any part
thereof).
B. Permit for Approved Cat Breeder
Additional conditions
(1) Required to keep records of all purchases and or transfers of cat/s for a period of 2 years, including
but not limited to the purchaser's name and address, and the cat/s microchip number; and
(2) Premises may be inspected annually.
————
SCHEDULE 2
MODIFIED PENALTIES
[Clause 8.2]
Item
No.
Clause Nature of offence Modified
Penalty $
1 2.1(2)(a) Cat in a public place causing a nuisance $200
2 2.2(1) Cat in any prohibited area $200
3 2.3(4)(a) Failure to abate the nuisance $200
4 2.4(1)(a) Failure to comply with a direction to confine a cat $200
5 4.2(1) Failure to obtain the proper permit for the keeping of 3 or
more cats
$200
6 4.8(3) Failure to comply with the conditions of a permit $200
7 5.5(2)(a) Attempting to or causing an unauthorised release a cat from
a cat management facility
$400
8 5.5(2)(b) Interfering with any cat management facility, vehicle or
container used for the purpose of catching, holding or
conveying a seized cat
$400
————
SCHEDULE 3
AREAS WHERE CATS ARE PROHIBITED ABSOLUTELY
————
Dated the 2nd day of June 2023.
The Common Seal of the Shire of Waroona was affixed by authority of a resolution of the Council in the
presence of—
Cr JOHN MICHAEL SCOTT WALMSLEY, Shire President.
MARK ANDREW GOODLET, Chief Executive Officer.
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LG403
BUSH FIRES ACT 1954
Shire of Dandaragan
APPOINTMENTS
In accordance with the Bush Fires Act 1954 Section 38, the Shire of Dandaragan has appointed the
following officers to the respective positions for the 2023-2024 financial year effective from the date of
gazettal until further notice.
CHIEF BUSH FIRE CONTROL OFFICER— Mr Andrew Kenny
DEPUTY CHIEF BUSH FIRE CONTROL OFFICER— Mr Hugh Roberts
FIRE WEATHER OFFICERS—
ALL ZONES
Mr Andrew Kenny
1614 GOVERNMENT GAZETTE, WA 9 June 2023
NORTHEAST ZONE The Northeast portion of the Shire bordered by the Brand Highway, Waddi
Road, Mungedar Road and Northwest Road.
Mr Andrew Kenny
SOUTHEAST ZONE The Southeast portion of the Shire bordered by the Brand Highway, Waddi
Road, Mungedar Road and Northwest Road.
Mr Hugh Roberts
NORTHWEST ZONE The Northwest portion of the Shire bordered by the Brand Highway and
Wongonderrah Road.
Mr Aubrey Panizza
Mr Cameron Rosenthal—as Deputy Fire Weather Officer for this zone.
SOUTHWEST ZONE The Southwest portion of the Shire bordered by the Brand Highway and
Wongonderrah Road.
Mr Aubrey Panizza
Mr Cameron Rosenthal—as Deputy Fire Weather Officer for this zone.
All previous appointments are hereby revoked.
BRENT BAILEY, Chief Executive Officer.
MINERALS AND PETROLEUM
MP401
MINING ACT 1978
NOTICE OF FORFEITURE
Department of Mines, Industry Regulation and Safety,
East Perth WA 6004.
I hereby declare in accordance with the provisions of section 97 of the Mining Act 1978 that the
undermentioned mining tenement is forfeited for failure to comply with statutory requirements being
failure to lodge the annual Form 5 Operations Report.
This notice comes into operation at 12:00 midday on the day of publication.
KAREN CAPLE, Executive Director,
Resource and Environmental Compliance Division.
————
Tenement Holder Mineral Field
Mining Lease
M70/1381 Staughton Farm Pty Ltd South West
PLANNING
PL401
PLANNING AND DEVELOPMENT ACT 2005
METROPOLITAN REGION SCHEME MINOR AMENDMENT 1401/57
Former Beaconsfield TAFE Site
Call for Public Submissions
The Western Australian Planning Commission (WAPC) is seeking public comment on a proposal to
amend the Metropolitan Region Scheme (MRS) for land in the local government of Fremantle.
The amendment proposes to rezone approximately 4.36 ha in Beaconsfield from the Public Purposes—
Technical School reservation to the Urban zone in the MRS. The proposed amendment will enable the
redevelopment of the former Challenger TAFE site for residential purposes.
The WAPC certifies that, in its opinion, the proposed amendment does not constitute a substantial
alteration to the MRS.
9 June 2023 GOVERNMENT GAZETTE, WA 1615
Display locations
The plans showing the proposed change and the WAPC amendment report which explains the proposal,
will be available for public inspection from Friday 9 June 2023 to Wednesday 9 August 2023 at the—
• Western Australian Planning Commission, 140 William Street, Perth
• J S Battye Library, Level 3 Alexander Library Building, Perth Cultural Centre
• City of Fremantle
Documents can also be viewed online at the Department of Planning, Lands and Heritage website
www.dplh.wa.gov.au/mrs-amendments.
Submissions
Any person who desires to make a submission to support, object or provide comment on any part of the
proposed amendment should do so on a Form 57, which is available from the display locations, the
amendment report and online.
Submissions can be lodged online via https://consultation.dplh.wa.gov.au, emailed to
RegionPlanningSchemes@dplh.wa.gov.au or by post to: Secretary, Western Australian Planning
Commission, Locked Bag 2506, Perth WA 6001.
Submissions close 5pm, Wednesday 9 August 2023. Late submissions will not be considered.
Ms SAM FAGAN, Secretary, Western Australian Planning Commission.
———————————
PL402
PLANNING AND DEVELOPMENT ACT 2005
METROPOLITAN REGION SCHEME MINOR AMENDMENT 1402/57
Reid Highway, Bennett Springs
Call for Public Submissions
The Western Australian Planning Commission (WAPC) is seeking public comment on a proposal to
amend the Metropolitan Region Scheme (MRS) for land in the local government of City of Swan.
The amendment proposes to transfer approximately 3.46 hectares of land in Bennett Springs from the
Railways and Primary Regional Roads reservations to the Urban zone in the Metropolitan Region
Scheme in the MRS. The proposed Urban zoning will facilitate further planning and development of
the land within the amendment area for residential and related purposes.
The WAPC certifies that, in its opinion, the proposed amendment does not constitute a substantial
alteration to the MRS.
Display locations
The plans showing the proposed change and the WAPC amendment report which explains the proposal,
will be available for public inspection from Friday 9 June 2023 to Friday 11 August 2023 at the—
• Western Australian Planning Commission, 140 William Street, Perth
• J S Battye Library, Level 3 Alexander Library Building, Perth Cultural Centre
• City of Swan
Documents can also be viewed online at the Department of Planning, Lands and Heritage website
www.dplh.wa.gov.au/mrs-amendments.
Submissions
Any person who desires to make a submission to support, object or provide comment on any part of the
proposed amendment should do so on a Form 57, which is available from the display locations, the
amendment report and online.
Submissions can be lodged online via https://consultation.dplh.wa.gov.au, emailed to
RegionPlanningSchemes@dplh.wa.gov.au or by post to: Secretary, Western Australian Planning
Commission, Locked Bag 2506, Perth WA 6001.
Submissions close 5pm, Friday 11 August 2023. Late submissions will not be considered.
Ms SAM FAGAN, Secretary, Western Australian Planning Commission.
———————————
1616 GOVERNMENT GAZETTE, WA 9 June 2023
PL403
PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
Shire of Mundaring
Local Planning Scheme No. 4—Amendment No. 16
Ref: TPS/2432
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 Mundaring Local Planning
Scheme amendment on 26 April 2023 for the purpose of—
Reclassifying Lots 487 and 506 on Deposited Plan 209189, Jellicoe Road, Glen Forrest from
'Public Purpose' to 'Conservation'.
Amend the scheme maps accordingly.
J. MARTIN, President.
J. THROSSELL, Chief Executive Officer.
TREASURY AND FINANCE
TR401
FINANCIAL MANAGEMENT ACT 2006
TREASURER'S INSTRUCTIONS
Department of Treasury,
Perth, 9 June 2023.
It is notified for general information that, pursuant to section 78 of the Financial Management Act 2006,
the Treasurer has amended or deleted the following Treasurer's instructions –
Treasurer's
Instruction
Title Action
104C Annual Reporting 2022-23 Exemption Amended
107 Authorisations Amended
304 Authorisation of Payments Amended
819 Treasury Forms Amended
821 Guarantees and Indemnities Amended
924 Related Party Disclosures Amended
952 General Information in Financial Statements Amended
1106 Application of Accounting Standard Changes Amended
The full suite of financial management legislation (including the Treasurer's instructions) is available
for download from: https://www.wa.gov.au/government/publications/financial-administration-bookcase
PUBLIC NOTICES
ZZ401
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Estate of the late Harry Chaim Herschel Abrahams of Apartment 24, 42-52 Terrace Road, East Perth,
Western Australia, deceased.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 (WA) relates),
in respect of the estate of the deceased, who died on 13th November 2022 are requested by the Joint
Executors, care of BNT Legal PO Box 200 Osborne Park, Western Australia 6917, to send particulars
of their claims to the Joint Executors at the above address, within one month from the date on which
this notice is published, after which date the Joint Executors may convey or distribute the assets of the
estate, having regard only to the claims of which they then have notice.
———————————
9 June 2023 GOVERNMENT GAZETTE, WA 1617
ZZ402
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Rodney James Baskerville late of 147 George Road, Geraldton, Western Australia, deceased.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in
respect of the estate of the deceased, who died on 23/11/2022 are required by Executor, Perpetual
Trustee Company Limited ACN 000 001 007 of Level 18, 123 Pitt Street, Sydney, New South Wales to
send particulars of their claims to them within one (1) month from the date of publication of this Notice,
after which date it may convey or distribute the assets, having regard only to the claims of which it
then has notice.
PERPETUAL TRUSTEE COMPANY LIMITED,
Level 18, 123 Pitt Street, Sydney, New South Wales.
———————————
ZZ403
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Ashley John Gill late of 40 Richardson Way, Bulgarra in the State of Western Australia, Boilermaker,
deceased.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in
respect of the Estate of the Deceased who died between 29 January 2023 and 31 January 2023 at 40
Richardson Way, Bulgarra in the State of Western Australia are required by the personal
representatives, being Brian Eric Gill and Sharon Lorraine Gill to send particulars of their claims to
care of Brook Legal, PO Box 93, Wembley in Western Australia 6913 within 30 days 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.
Dated 6 June 2023.
BROOK LEGAL.
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ZZ404
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
William Michael Fensome of 8 Canola Grove, Busselton, 6280, Western Australia, Retired, deceased.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in
respect of the estate of the deceased, who died on 23 November 2022 are required by the Executor,
Vanessa Joan Morris, 21 Harling Street, Merredin, 6415, Western Australia, phone number 0428 355
358, to send particulars of their claims to her 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 she then has notice.
VANESSA JOAN MORRIS, Executor of the Estate of the late William Michael Fensome.
———————————
ZZ405
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Take notice that after 14 days from today, an application for letters of administration of the Estate of
Mary Agnes Van Dort, deceased, (to which Section 63 of the Trustees Act 1962 relates) late of Carinya
Aged Care, 41 Bristol Avenue, Bicton in the State of Western Australia deceased will be made by Aelian
Bernard Van Dort to the Supreme Court of Western Australia.
You may object to the grant by lodging a caveat in that registry.
Lodged by ALBANY COMMUNITY LEGAL CENTRE INC,
4/15 Peels Place, Albany WA 6330.
1618 GOVERNMENT GAZETTE, WA 9 June 2023
ZZ406
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Harriet Anne Fitzpatrick, late of 8 Torquay Place, Tarcoola Beach, Western Australia, deceased.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in
respect of the Estate of the deceased, who died on the 25 June 2022, are required by the executors
Hayley May Jackson and Teresa Helen Morris to send the particulars of their claims to Hayley May
Jackson of 15 Wooramel Street, Heathridge, Western Australia 6027 within thirty (30) days 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 they then have notice.
———————————
ZZ407
TRUSTEES ACT 1962
DECEASED ESTATES
Notice to Creditors and Claimants
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in
respect of the Estates of the undermentioned deceased persons are required to send particulars of their
claims to me on or before 10 July 2023, after which date I may convey or distribute the assets, having
regard only to the claims of which I then have notice.
Campbell, Kathleen Florence, late of Regis Greenmount, 22 Coongan Avenue, Greenmount, who died
on 14 April 2023 (DE19960299 EM32).
Cherrington, William Kendall Hawley, late of 9 Okra Court, Munster, who died on 30 April 2023
(DE33105610 EM22).
Leahy, Janet Bright, late of 108 Fern Road, Wilson, who died on 19 February 2023
(DE19871967 EM36).
Rose, Alexander Vernon, late of Brightwater Care Group, The Cove, 35 Hudson Drive, Dudley Park,
who died on 7 April 2023 (DE33080148 EM36).
Stobie, William Henderson, formerly of Unit 10, 21-23 Myindee Way, Nollamara, late of Armadale
Nursing Home, 21 Angelo Street, Armadale, who died on 23 October 2022 (DE32003143 EM37).
Unchango, Delores Francis (also known as Dolores Unghango), late of Kalumburu Aboriginal
Community, Kalumburu, who died on 8 September 2018 (DE33140527 EM23).
BRIAN ROCHE, Public Trustee,
553 Hay Street, Perth WA 6000.
Telephone: 1300 746 212.
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ZZ501
TRUSTEES ACT 1962
MISSING WILL
Any person holding or knowing the whereabouts of the Last Will and Testament of the late Alastair
Warwick Simpson (DOB 24 August 1945, DOD 12 April 2023) late of Kalgoorlie, Western Australia,
please contact Zion Legal on (03) 7020 6555 or email rita@zionlegal.com.au within one month of the
date of publication of this advertisement.
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