Shire of West Arthur, Animals, Environment and Nuisance Local Law 2024

469 ISSN 2204-4264 (online) PERTH, FRIDAY, 8 MARCH 2024 No. 23 PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CONTENTS Page Fire and Emergency Services ............................................................................................................ 471 Justice ................................................................................................................................................ 471 Lands .................................................................................................................................................. 475 Local Government .............................................................................................................................. 476 Marine/Maritime................................................................................................................................ 490 Minerals and Petroleum .................................................................................................................... 491 Planning ............................................................................................................................................. 492 Premier and Cabinet ......................................................................................................................... 495 Public Notices..................................................................................................................................... 495

IMPORTANT COPYRIGHT NOTICE © State of Western Australia This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from the Attorney General for Western Australia. Enquiries in the first instance should be directed to the Government Printer, Parliamentary Counsel’s Office, publications@pco.wa.gov.au. Note: A Creative Commons Attribution 4.0 International Licence (CC BY 4.0) applies with respect to material on the WA Legislation Website (with certain exceptions), and to copies of Acts, and reprints of Acts and subsidiary legislation, printed by the Government Printer. To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. PUBLISHING DETAILS The Western Australian Government Gazette is published by the Government Printer for the State of Western Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or unforeseen circumstances. Special Government Gazettes containing notices of an urgent or particular nature are published periodically. The following guidelines should be followed to ensure publication in the Government Gazette— • Material submitted to the Executive Council prior to gazettal will require a copy of the signed Executive Council Minute Paper. • Copy must be lodged with the Publications Officer, Department of the Premier and Cabinet no later than 12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)— Email address: gazette@dpc.wa.gov.au • Enquiries regarding publication of notices can be directed to the Publications Officer on (08) 6552 6012. • Enquiries regarding payment of notices can be directed to (08) 6552 6000 or sales@dpc.wa.gov.au • Lengthy or complicated notices should be forwarded early to allow for preparation. Failure to observe this request could result in the notice being held over. After lodging any notices, confirmation is not required by post. If original copy is forwarded later and published, the cost will be borne by the advertiser. GOVERNMENT GAZETTE PUBLISHING DETAILS FOR EASTER 2024 A gazette will be published on Thursday 28th March and closing time for copy is Wednesday 27th March at noon. A gazette will be published on Friday 5th April and closing time for copy is Wednesday 3rd April at noon. The Gazette will not be published on Tuesday 2nd April.

8 March 2024 GOVERNMENT GAZETTE, WA 471 FIRE AND EMERGENCY SERVICES FE401 BUSH FIRES ACT 1954 TOTAL FIRE BAN DECLARATION Correspondence No. D18023 Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a total fire ban for 5 March 2024 for the local government districts of— Waroona, Harvey, Dardanup, Collie, Donnybrook-Balingup. Dated 4 March 2024. JON BROOMHALL, Assistant Commissioner of the Department of Fire and Emergency Services, as a sub-delegate of the Minister under section 16 of the Fire and Emergency Services Act 1998. JUSTICE JU401 COURT SECURITY AND CUSTODIAL SERVICES ACT 1999 PERMIT DETAILS ISSUED The following permits have been issued pursuant to Section 51 of the Court Security and Custodial Services Act 1999 – Surname First Name(s) Permit Number Potts Gary 242923 Alier David Akout 242924 Dated 22 February 2024. BRAD ROYCE APM, Commissioner. Surname First Name(s) Permit Number Moore Benjamin John 242925 Dated 24 February 2024. BRAD ROYCE APM, Commissioner. ——————————— JU402 PROFESSIONAL STANDARDS ACT 1997 AUTHORISATION AND PUBLICATION PURSUANT TO SECTION 26 The Law Society of Western Australia Professional Standards Scheme I, John Quigley MLA, Attorney General; Minister for Electoral Affairs, pursuant to section 26 of the Professional Standards Act 1997 WA (the Act), authorise the publication of The Law Society of Western Australia Professional Standards Scheme (the Scheme) submitted to me by the Professional Standards Council of Western Australia. The Scheme is published with this authorisation and commences on 1 July 2024. The Scheme remains in force for a period of 5 years from its commencement unless the Scheme is revoked, extended, or its operation ceases as specified in the Act. Dated 27 February 2024. Hon. JOHN QUIGLEY, MLA, Attorney General; Minister for Electoral Affairs. ————

472 GOVERNMENT GAZETTE, WA 8 March 2024 PROFESSIONAL STANDARDS ACT 1997 (WA) THE LAW SOCIETY OF WESTERN AUSTRALIA PROFESSIONAL STANDARDS SCHEME PREAMBLE A. The Law Society of Western Australia Inc. (“Law Society WA”) is an occupational association for legal practitioners in Western Australia for the purposes of the Professional Standards Act 1997 (WA) (“the Act”). B. The Scheme is prepared by the Law Society WA for the purposes of limiting Occupational liability to the extent to which such liability may be limited under the Act. C. The Scheme applies to all Participating Members, as defined in the Scheme. D. The Scheme will have force in Western Australia, Victoria, New South Wales, Queensland, South Australia, the Northern Territory, Tasmania and the Australian Capital Territory. To the extent that the Scheme applies to limit liability in jurisdictions other than Western Australia, it is subject to the Professional Standards Legislation of those jurisdictions. E. The Law Society WA has furnished the Council with a detailed list of the risk management strategies to be implemented in respect of its Participating Members and the means by which those strategies are to be implemented. F. The Law Society WA has furnished the Council with details of its insurance standards and professional indemnity insurance claims monitoring process. The Law Society WA will not amend these insurance standards while the Scheme is in force without prior approval of the Council. G. The Law Society of WA has advised its Participating Members that they must have the benefit of a professional indemnity policy that complies with Law Society WA’s insurance standards and that they remain liable for the amount of any difference between the amounts payable to a plaintiff under the policy and the monetary ceiling specified in the Scheme. H. The Law Society WA has furnished the Council with details of its complaints system and discipline system. I. The Law Society WA and its members to whom the Scheme applies have undertaken to comply with all reporting obligations associated with the Scheme, in furtherance of the statutory objects of improvement of the occupational standards of its members, and protection of the consumers of such members’ services. J. The Law Society WA has undertaken to remit all fees payable under the Professional Standards Regulations 1998 (WA) to the Council as and when these become due. K. The Scheme is intended to commence on 1 July 2024 and remain in force for a period of five (5) years from its commencement, unless, prior to that time, it is revoked, its operation ceases, or it is extended. L. Sections 12GNA(2) of the Australian Securities and Investments Commission Act 2001 (Cth), 137(2) of the Competition and Consumer Act 2010 (Cth), and 1044B(2) of the Corporations Act 2001 (Cth) provide for a limited liability where a professional standards scheme is prescribed in the relevant regulation. The Scheme does not apply to limit any liability under a Commonwealth law unless it has been prescribed under regulations by the Commonwealth. THE LAW SOCIETY OF WESTERN AUSTRALIA SCHEME

1. Occupational association 1.1 The Law Society of Western Australia Inc. Professional Standards Scheme is a scheme under the Professional Standards Act 1997 WA (“the Act”) prepared by the Law Society of Western Australia Inc. (“Law Society of WA”) whose business address is: Level 4, 160 St Georges Terrace, Perth, Western Australia.
2. Persons to Whom the Scheme Applies 2.1 The Scheme applies to— 2.1.1 All Ordinary Members and Life Members holding an Australian Practising Certificate, who are not a Corporate Legal Practitioner or a Government Legal Practitioner, and who are not exempted under clause 2.2 of the Scheme; 2.1.2 Incorporated Legal Practice Members that are not exempted under clause 2.2 of the Scheme; and 2.1.3 All persons to whom, by virtue of sections 31, 32 or 33 of the Act, the Scheme applies. 2.2 A person referred to in Clause 2.1 may, on application by that person, be exempted from the Scheme from the date specified by the Law Society WA. This clause does not apply to persons to whom the Scheme applies by virtue of sections 31, 32 or 33 of the Act.

8 March 2024 GOVERNMENT GAZETTE, WA 473 3. Jurisdiction 3.1 The Scheme applies in Western Australia. 3.2 In addition to Western Australia, the Scheme is intended to operate in New South Wales, Victoria, Queensland, South Australia, Tasmania, the Northern Territory and the Australian Capital Territory in accordance with the Professional Standards Legislation of those states and territories and subject to the requirements of that legislation (‘the Corresponding laws’), so that references to a provision of the Act, the application of the Scheme to a liability, the limit of a liability under the Act or what constitutes Occupational liability are intended to pick up the relevant provisions of the corresponding laws, applied mutatis mutandis, to the extent that is necessary for the application of the Scheme in any of those jurisdictions as an interstate scheme. 4. Limitation of liability 4.1 The Scheme only affects the liability for damages arising from a single cause of action to the extent to which the liability results in Damages exceeding $1.5 million. 4.2 If a person who is, or was, at the time of the act or omission giving rise to Occupational liability, a person to whom the Scheme applies, or applied, and against whom a proceeding relating to Occupational liability is brought, is able to satisfy the Court that such person has the benefit of an insurance policy— (a) Of a kind which complies with the standards determined by the Law Society WA; (b) Insuring such person against the Occupational liability to which the cause of action relates; and (c) Under which the amount payable in respect of that Occupational liability is not less than the applicable monetary ceiling specified in clause 4.3 of this Scheme; then that person is not liable in Damages in relation to that cause of action above the monetary ceiling specified in clause 4.3 of this Scheme. 4.3 The applicable monetary ceiling is to be determined according to the table below— Tier Description Monetary ceiling (Maximum amount of liability) 1 Participating Members who were at the Relevant Time in a Law Practice that generated a Total Annual Fee Income for the financial year immediately preceding the Relevant Time up to and including $5 million $1.5 million 2 Participating Members who were at the Relevant Time in a Law Practice that generated a Total Annual Fee Income for the financial year immediately preceding the Relevant Time of more than $5 million and up to $10 million $5 million 3 Participating Members who were at the Relevant Time in a Law Practice that Generated a Total Annual Fee Income for the financial year immediately preceding the Relevant Time of more than $10 million $10 million 4.4 Clause 4.2 does not limit the amount of Damages to which a person to whom the Scheme applies is liable if the amount is less than the amount specified for the purpose in this Scheme in relation to a person to whom the Scheme applies. 4.5 This Scheme limits the Occupational liability in respect of a cause of action founded on an act or omission occurring during the period when the Scheme was in force of an person to whom the Scheme applied at the time the act or omission occurred. 4.6 Notwithstanding anything to the contrary contained in this Scheme if, in particular circumstances giving rise to Occupational liability, the liability of any person who is subject to this Scheme should be capped by both this Scheme and also by any other scheme under Professional Standards Legislation (whether of this jurisdiction or under the law of any other Australian state or territory) and, if the amount of such caps should differ, then the higher cap shall be the applicable cap. 5 Conferral of discretional authority 5.1 The Law Society WA has discretionary authority, on application by a person referred to in clause 2.1, to specify in relation to that person, a higher maximum amount of liability than would otherwise apply under the Scheme in relation to that person, either in all cases or in any. 6 Commencement and duration 6.1 The Scheme will commence— 6.1.1 in Western Australia, New South Wales, Queensland, Tasmania, and the Northern Territory on 1 July 2024; and 6.1.2 in Victoria, on 1 July 2024 if the Scheme is published in the Government Gazette at least two months prior to that date; or in any other case, two months after the date the Scheme is published in the Government Gazette.

474 GOVERNMENT GAZETTE, WA 8 March 2024 6.1.3 in the Australian Capital Territory and in South Australia, on this same date, or such other later date, provided the date is specified in the relevant Minister’s notice in relation to the Scheme; or 6.1.4 in all other cases, subject to the statutory provisions of each applicable jurisdiction. 6.2 The Scheme will be in force in all applicable jurisdictions for a period of five (5) years from its commencement in Western Australia. 6.3 Clauses 6.2 is subject to the provisions of the Corresponding laws in each jurisdiction in relation to the revocation, extension, or cessation of a scheme. 7 Definitions 7.1 Relevant definitions for the purpose of this Scheme are as follows: “Act” means the Professional Standards Act 1997 (WA). “Australian Practising Certificate” has the same meaning as it has in the Legal Profession Uniform Law (Western Australia)1. “Corporate Legal Practitioner” has the same meaning as it has in the Legal Profession Uniform Law (Western Australia)2. “Corresponding laws” means the Professional Standards Act 1994 (NSW), the Professional Standards Act 2003 (Vic), the Professional Standards Act 2004 (Qld), the Professional Standards Act 2004 (SA), the Professional Standards Act 2005 (Tas), the Professional Standards Act 2004 (NT), and the Civil Law (Wrongs) Act 2002 (ACT), as applicable. “Council” means the Professional Standards Council established under section 8(1) of the Act. “Court” has the same meaning as it has in the Act. “Damages” has the same meaning as it has in the Act. “Exempted Member’ means a member of the Law Society WA who is, or was, at the Relevant Time, exempted by the Law Society WA from participation in the Scheme pursuant to clause 2.2; “Financial Year” means a financial accounting period ending 30 June. “Government Legal Practitioner” has the same meaning as it has in the Legal Profession Uniform Law (Western Australia)3. “Incorporated Legal Practice Member” means an incorporated legal practice within the meaning of the Legal Profession Uniform Law (Western Australia) that is a member of the Law Society WA under rule 15 of the Constitution of the Law Society WA, as amended from time to time4. “Law Practice” has the same meaning as it has in the Legal Profession Uniform Law (Western Australia)5. “Law Society WA” means the Law Society of Western Australia Inc. “Life Member” means a person who is a Life Member of the Law Society WA within the meaning of rule 13 of the Constitution of the Law Society WA, as amended from time to time. “Occupational liability” has the same meaning as it has in the Act. “Ordinary Member” means a person who is an Ordinary Member of the Law Society WA within the meaning of rule 9 of the Constitution of the Law Society WA, as amended from time to time. “Participating Members” means those persons specified in clause 2.1 of the Scheme. “Person” means an individual or a body corporate. “Professional Standards Legislation” means the legislation applicable in each State and Territory, namely, the Professional Standards Act 1994 (NSW), the Professional Standards Act 2003 (Vic), the Professional Standards Act 2004 (Qld), the Professional Standards Act 2004 (SA), the Professional Standards Act 2005 (Tas), the Professional Standards Act 2004 (NT), and the Civil Law (Wrongs) Act 2002 (ACT), as applicable. “Relevant Time” refers to the time at which the act or omission occurs, not the time when the claim is brought. “Scheme” means the Law Society of Western Australia Inc. Professional Standards Scheme. “Total Annual Fee Income” means the amount charged during a Financial Year for services provided by or on behalf of a law practice some of whose members are Participating Members. ——————————— 1 Refer Legal Profession Uniform Law Application Act 2022 section 6. 2 Refer Legal Profession Uniform Law Application Act 2022 section 6. 3 Refer Legal Profession Uniform Law Application Act 2022 section 6. 4 Refer Legal Profession Uniform Law Application Act 2022 section 6. 5 Refer Legal Profession Uniform Law Application Act 2022 section 6. 6.Refer Legal Profession Uniform Law Application Act 2022 section 6.

8 March 2024 GOVERNMENT GAZETTE, WA 475 JU403 PRISONS ACT 1981 PERMIT DETAILS Pursuant to Section 15P of the Prisons Act 1981, I hereby issue the following permits – Surname Other Name(s) Permit No. Blackman Michelle Dianne PA 0826 Chittick Amanda Lorraine PA 0827 Gallehawk Julia May PA 0828 Hin Racheal Joanne PA 0829 Holtzman Hannah Elizabeth PA 0830 Jones Giorgia PA 0831 Kearns Carley PA 0832 Keevers Patricia Mary Caroline PA 0833 Kickett Rosalie May PA 0834 Langworthy Learna Michelle PA 0835 Moyo Thabani PA 0836 Muthu Geetha PA 0837 Oman Niall Kevin PA 0838 Pinto Brian James PA 0839 Wu Yunsheng PA 0840 Dated 1st March 2024. BRAD ROYCE APM, Commissioner, Corrective Services. LANDS LA401 ELECTRONIC CONVEYANCING ACT 2014 MAKING AND PUBLICATION OF OPERATING REQUIREMENTS Making and Publication of Participation Rules WA Operating Requirements Version 7 Notice is given that under section 22(1) of the Electronic Conveyancing Act 2014 (“Act”) the Registrar of Titles has determined that WA Operating Requirements Version 7 will come into effect in Western Australia on 28 March 2024. In accordance with section 25 of the Act, the WA Operating Requirements Version 7 were published on Landgate’s website on 23 February 2024 and can be found at http://www.landgate.wa.gov.au. WA Participation Rules Version 7 Notice is given that under section 23(1) of the Electronic Conveyancing Act 2014 (“Act”) the Registrar of Titles has determined that WA Participation Rules Version 7 will come into effect in Western Australia on 28 March 2024. In accordance with section 25 of the Act, the WA Participation Rules Version 7 were published on Landgate’s website on 23 February 2024 and can be found at http://www.landgate.wa.gov.au. Dated 1 March 2024. BRAD McBRIDE, Delegate Registrar of Titles.

476 GOVERNMENT GAZETTE, WA 8 March 2024 LOCAL GOVERNMENT LG401 LOCAL GOVERNMENT ACT 1995 CAT ACT 2011 Shire of West Arthur ANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2024 Under the powers conferred by the Local Government Act 1995, the Cat Act 2011 and under all other powers enabling it, the Council of the Shire of West Arthur resolved on 22 February 2024 to make the following local law. PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the Shire of West Arthur Animals, Environment and Nuisance Local Law 2024. 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 Terms Used (1) In this local law, unless the context specifies otherwise— Act means the Local Government Act 1995; affiliated person means a person who is a member of a poultry or pigeon club incorporated under the Associations Incorporation Act 2015; amusement means anything usually conducted for amusement at a fair, a carnival or a show, whether conducted at a fair, a carnival or a show or elsewhere; authorised person means a person authorised by the local government to perform any of the functions under this local law and includes the CEO; aviary bird means any bird, other than poultry or pigeons, kept, or usually kept in an aviary or cage; birds includes poultry; builder means the holder of a building permit issued in respect of building works on a building site or a person in control of a building site; building permit has the meaning given to it by the Building Act 2011; building site means any lot for which a building permit is current; cat has the meaning given to it in the Cat Act 2011; cat management facility has the meaning given to it in the Cat Act 2011; CEO means the Chief Executive Officer of the local government; Code of Practice—Pigeon Keeping means the document entitled A Code of Practice—May 1994—Pigeon Keeping and Pigeon Racing published in May 1994 by the Pigeon Racing Federation of WA (Incorporated) and the Independent Racing Pigeon Federation (Incorporated), as amended from time to time; commercial zone means any area zoned “Commercial” under a local planning scheme; cow includes an ox, calf or bull; development has the meaning given to it in the Planning and Development Act 2005; development approval means a development approval under a local planning scheme; development site includes any lot or lots for which there is currently a development or subdivision approval, and any lot or lots upon which construction work, earthworks, clearing of scrub, trees or overgrowth or any other site works are taking or have taken place; district means the district of the local government; disused means, in relation to any thing whatsoever, that the thing— (a) is not in use for the purpose for which it was designed or appears to have been designed or intended; or (b) has been stored or left stationary on land in the district for more than 1 month; dust means any visible granular or particulate material which has or has the potential to become airborne and includes organic and non-organic matter and sand, but does not include smoke; EHO means an Environmental Health Officer appointed by the local government; equipment means equipment, machinery or vehicles used for, or in connection with, the development of land; food premises includes the meaning of “food” as given under section 9 of the Food Act 2008 and the meaning of “food business”, as given under section 10 of the Food Act 2008;

8 March 2024 GOVERNMENT GAZETTE, WA 477 horse means a stallion, mare, gelding, shetland pony, pony, colt or foal, and includes an ass, mule, donkey and any beast of whatever description used for burden or draught or for carrying persons; industrial zone means any area zoned “Industrial” under a local planning scheme; land includes any building or structure on the land; licence means a licence, permit or approval issued under this local law; licence holder means a person who holds a valid licence; liquid waste means waste from any process or activity that is in liquid form and includes paint, fuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal waste, food waste, effluent and all discharges of liquid to land, air or water that are not otherwise authorised by a written law but does not include uncontaminated stormwater; livestock means any horse, cow, sheep, goat, swine, buffalo, deer, camel, llama or alpaca; livestock vehicle means a vehicle that contains livestock or previously has been used for the carriage of livestock; local government means the Shire of West Arthur; local planning scheme has the meaning given to it by the Planning and Development Act 2005; lot has the meaning given to it by the Planning and Development Act 2005; miniature horse means a horse which meets the standard and height for a miniature horse as described by the Miniature Horse Association of Australia Inc; miniature pig means a pig that does not exceed 650 millimetres in height as an adult and weighs less than 55 kilograms; 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 means any person who is in control of any land or part of any land or authorised by the owner, lessee, licensee or any other person empowered to exercise control in relation to land to perform any work in relation to any land and includes a builder or contractor; owner has the meaning given in section 1.4 of the Act; pigeon includes homing pigeons and other domesticated breeds of the species Columba livia, but does not include native pigeons or doves whether or not the keeping of such birds is subject to the approval of the Department of Biodiversity, Conservation and Attractions; poultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and other birds commonly kept for the production of eggs or meat for domestic consumption; public notice means such notice as the local government considers necessary— (a) stipulating duration and placement of notices as is considered relevant to inform the community, (b) not requiring compliance with local public notice under section 1.7 of the Local Government Act; and (c) the local government may place the notice given as a public notice on the local government’s website or other means of informing the public; refuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron, timber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and waste food, and includes any broken, used, derelict or discarded matter; Regulations means the Local Government (Functions and General) Regulations 1996; residential building has the meaning given to it in the Residential Design Codes of Western Australia as amended; residential zone includes any area zoned “Residential” under a local planning scheme; rural residential zone means any area zoned “Rural Residential” under a local planning scheme; rural zone means any area zoned “Rural” under a local planning scheme; sand means granules or particles of rock, earth, clay, loam, silt and any other granular, particulate or like material including dust and gravel; Schedule means a schedule to this local law; set fee means a fee or charge made by the local government under sections 6.16 to 6.19 of the Act; stormwater means any naturally occurring water that results from rainfall on or around a site, or water flowing onto the site; subdivision approval means a subdivision approval under the Planning and Development Act 2005; thoroughfare has the meaning given to it in section 1.4 of the Act;

478 GOVERNMENT GAZETTE, WA 8 March 2024 townsite means the following townsites constituted under section 26(2) of the Land Administration Act 1997— (a) Darkan; (b) Duranillin; (c) Bowelling; and (d) Moodiarup; truck means a motor vehicle having a tare weight in excess of 3,000 kilograms; unreasonable noise has the meaning given to it by the Environmental Protection Act 1986; vectors of disease means an arthropod or rodent that transmits, by biological or mechanical means, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs, crab lice, body lice and head lice; vermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether vertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage to human food, habitation or possessions; and written notice means a written notice issued in accordance with Part 9. (2) Any other expression used in this local law and not defined herein shall have the meaning given to it in the Act. (3) Where, in this local law, a duty, obligation or liability is imposed on an “owner or occupier” the duty shall be deemed to be imposed jointly and severally on each owner and occupier. PART 2—KEEPING OF ANIMALS 2.1 Interpretation In this Part, unless the context otherwise requires— animal includes cats, dogs, rabbits and ferrets or the like; cattery means premise registered for the breeding or caring of cats; and member of a cat organisation means a person referred to in regulation 23(c) of the Cat Regulations 2012. 2.2 Cleanliness An owner or occupier of premises in or on which a dog, cat or other animal is kept shall— (a) keep the premises free from excrement, filth, food waste and all other matter which is or is likely to become offensive or injurious to health, or to attract rats or other vectors of disease; (b) when so directed by an EHO, clean and disinfect the premises; and (c) keep the premises, so far as possible, free from flies or other vectors of disease, by spraying with a residual insecticide or other effective means. 2.3 Animal enclosures (1) A person shall not keep or cause, or permit to be kept, any animals on premises which are not effectively drained or of which the drainage flows to the walls or foundations of any building. (2) The owner or occupier of premises where animals are kept shall, when given written notice, pave, grade and drain the floors of all structures and the surface of the ground of all enclosures used for the keeping of animals. 2.4 Cats (1) Subject to clause 2.5, a person shall not keep more than 3 cats over the age of 6 months on premises on any land within the district, without a licence from the local government. (2) A licence under subclause (1) is not required if the premises concerned are— (a) a cat management facility which has been approved by the local government; (b) used for veterinary purposes; (c) a pet shop; (d) premises with 3 or less cats; (e) granted an exemption under regulation 7 of the Cat (Uniform Local Provisions) Regulations 2013; (f) is a member of a cat organisation; or (g) the subject of an exemption granted by the local government. (3) An owner or occupier of premises may apply to the local government for exemption from the requirements of subclause (1). (4) The local government shall not grant a licence under subclause (3) unless it is satisfied that the number of cats to be kept will not be a nuisance or injurious or dangerous to health. (5) An exemption granted under this clause shall specify— (a) the owner or occupier to whom the exemption applies; (b) the premises to which the exemption applies; and (c) the maximum number of cats which may be kept on the premises.

8 March 2024 GOVERNMENT GAZETTE, WA 479 (6) A person who is granted an exemption under subclause (3) may be subject to conditions, including but not limited to— (i) replacement of a cat not permitted if it dies or is permanently removed from the premises not being permitted; (ii) the licence holder will provide adequate space for the exercise of the cats; (iii) the premises shall be maintained in good order and in a clean and sanitary condition; and (iv) such other conditions, as the local government considers appropriate. 2.5 Conditions for keeping cats (1) The occupier of any premises shall not keep a cattery on those premises, unless the cattery is registered with the local government and the occupier has complied with the following conditions— (a) the occupier shall obtain a licence from the local government to establish a cattery; (b) upon receiving a licence to establish a cattery, the occupier shall apply for registration of the cattery in the form determined by the local government; (c) the occupier shall have paid, to the local government, the set fee; (d) the occupier shall provide, for every cat, a properly constructed shelter with an enclosure, which shall comply with the following conditions— (i) every shelter shall have a floor area of not less than 0.50 square metres for every cat over the age of 3 months old that may be kept therein; and (ii) the area of the enclosure appurtenant to any shelter or group of shelters forming a cattery shall not be less than 3 times the area of the shelter or group of shelters to which it is appurtenant; (e) every shelter or enclosure shall be at least 10 metres from the boundary of any land not in the same ownership or possession, or at least 10 metres from any dwelling, church, schoolroom, hall, factory, dairy or premises wherein food is manufactured, packed or prepared for human consumption; and (f) all enclosures, yards, runs and shelters within which cats are kept shall be maintained at all times in a clean condition and free from vectors of disease and shall at any time be cleaned, disinfected or otherwise dealt with as an EHO may direct. (2) A certificate of registration of a cattery issued by the local government shall— (a) be in the form approved by local government; and (b) expire on 30 June next after the date of its issue. PART 3—KEEPING OF BIRDS 3.1 Keeping of poultry and pigeons in a residential, commercial and industrial zones (1) An owner or occupier of premises in a residential zone, commercial zone or industrial zone shall not keep or permit to be kept on the premises— (a) more than 12 poultry, or with a licence from the local government, not more than 20 poultry; and (b) more than 12 pigeons unless the owner or occupier is an affiliated person in which case the maximum number of pigeons may be increased to 100. (2) An owner or occupier of premises in a residential zone, commercial zone or industrial zone may apply to the local government to vary the requirements of subclause (1). 3.2 Conditions for keeping of poultry (1) A person who keeps poultry or permits poultry to be kept shall ensure that— (a) no poultry shall be kept less than 9 metres from any residential building on the land; (b) no poultry is able to approach within— (i) 15 metres of the property’s primary public thoroughfare; (ii) 9 metres of any other public thoroughfare; or (iii) 15 metres of a neighbouring residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold. (c) all structures or enclosures within which poultry are kept are maintained at all times in a clean condition; (d) poultry are confined to the premises at all times; and (e) where the structure has an impervious floor, it is laid with a fall to the front of at least 1 in 50. (2) An owner or occupier of a premises who keeps poultry or permits poultry to be kept may apply to the local government to vary the requirements of subclause (1)(b) or (e). 3.3 Roosters, geese, turkeys and peafowl (1) An owner or occupier of premises in a residential zone, commercial zone or industrial zone shall not keep or permit to be kept on the premises— (a) roosters; (b) geese; (c) turkeys;

480 GOVERNMENT GAZETTE, WA 8 March 2024 (d) peafowls; or (e) guinea fowl. (2) An owner or occupier of premises in a residential zone, commercial zone or industrial zone may apply to the local government to vary the requirements of subclause (1). 3.4 Conditions for keeping of pigeons (1) A person who keeps pigeons, or permits pigeons to be kept, shall ensure that— (a) all pigeons are kept in a properly constructed pigeon loft, except where registered homing pigeons are freed for exercise; (b) all structures or enclosures within which pigeons are kept are maintained at all times in a clean condition; (c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any residential building; and (d) no opening to a pigeon loft, including openings for ventilation, is within— (i) 9 metres of a public thoroughfare; or (ii) 15 metres of a neighbouring residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold. (2) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance with the Code of Practice—Pigeon Keeping, subject to the provisions of this local law. 3.5 Restrictions on pigeon nesting and perching The local government may order an owner or occupier of premises on or in which pigeons are, or are in the habit of nesting or perching, to take adequate steps to prevent them from continuing to do so. 3.6 Conditions of keeping aviary birds A person who keeps, or permits to be kept, aviary birds shall ensure that— (a) the aviary or cage in which the birds are kept is located at least 1 metre from any lot boundary and at least 5 metres from a residential building on any other lot; (b) there is a floor beneath the roofed area of the aviary or cage which is constructed of smooth, impervious material with a gradient of at least 1 in 50 to the front of the aviary or cage; (c) the aviary or cage is kept in clean condition and good repair at all times; (d) all feed for the birds other than that intended for immediate consumption is stored in vermin proof containers; and (e) effective measures are taken to prevent the attraction or harbourage of vermin. 3.7 Nuisance caused by birds An owner or occupier of land shall not keep any bird or birds which— (a) are or create a nuisance; or (b) emit an unreasonable noise. PART 4—KEEPING OF FARM ANIMALS Division 1—Farm animals 4.1 Application of this Division This Division applies only within the townsites. 4.2 Interpretation In this Part, unless the context otherwise requires— approved animal means any farm animal which is the subject of a licence; farm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, alpaca, pig (excluding a miniature pig) or any other animal so classified by the local government; and manure receptacle means a receptacle constructed of smooth, impervious material and in such a manner as to be easily cleaned, which has a tight fitting lid or cover to prevent the release of odours and prevent the entry of vectors of disease or vermin. 4.3 Licence required to keep farm animals Subject to clause 4.5, an owner or occupier of land shall not keep, or allow to be kept, any farm animal unless in accordance with a valid licence authorising the keeping of such a farm animal issued in relation to the land pursuant to clause 4.4. 4.4 Application for a licence to keep farm animals In addition to the requirements of clause 8.1, an application for a licence required by clause 4.3 shall include the following information— (a) a plan of the property, at a scale not less than 1:200, with dimensions clearly marked, showing where it is proposed that the animal is to be kept and the distance of that location from any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold; (b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be provided for the animal;

8 March 2024 GOVERNMENT GAZETTE, WA 481 (c) a detailed written plan for the management of manure which addresses— (i) control of flies and other vermin; (ii) disease prevention; and (iii) prevention of nuisance odours; and (d) the appropriate set fees. 4.5 Determination of application to keep farm animals (1) Subject to clauses 4.6 and 8.2(1)(a), the local government may— (a) refuse to determine an application for a licence which does not comply with clause 4.4; (b) approve an application for a licence subject to such conditions as it considers appropriate; or (c) refuse to approve an application for a licence. (2) Where an application for a licence is approved subject to conditions, the licence holder shall comply with those conditions or cause compliance with those conditions. (3) Where the local government approves an application under subclause (1)(b), it is to issue to the applicant a licence in the form determined by the local government. (4) A licence is valid from the date of issue until 30 June the following year, unless it is cancelled prior to that date under this local law. 4.6 Conditions of licence to keep farm animals (1) A licence shall not be granted pursuant to clause 4.5— (a) unless the land for which the licence is sought is of such dimensions and configuration as will permit the subject animal to be confined in a minimum cleared area of 150 square metres and prevented from approaching within 15 metres of any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold; (b) in the case of a horse (other than a miniature horse) or cow, unless the land for which the licence is sought has a minimum area of 1 hectare; or (c) for the keeping of any pig (other than a miniature pig). (2) The local government shall take into account the opinions of occupiers of adjoining properties in determining whether to grant a licence for the keeping of a farm animal. (3) A licence to keep a farm animal may be issued subject to conditions, including— (a) that a stable or shelter is provided for housing the approved animal; (b) that a manure receptacle is provided in a position convenient to the shelter or place where the approved animal is kept, and that the receptacle is used for the receipt of all manure produced on the premises; and (c) any other conditions that the local government considers necessary for the protection of the health and amenity of the neighbourhood. 4.7 Requirements for keeping farm animals (1) An owner or occupier of premises upon which a farm animal or farm animals are kept, shall— (a) maintain the place or places where the animals are kept in clean condition; (b) ensure that any farm animal or farm animals kept on the premises does not cause or constitute a nuisance; (c) maintain the premises free from flies or other vermin by spraying with residual insecticide or other effective means; (d) if a manure receptacle is required to be used— (i) cause all manure produced on the premises to be collected daily and placed in the receptacle; (ii) cause the receptacle to be emptied as often as is necessary to prevent it becoming offensive or a breeding place for flies or other vermin, but in any case at least once a week; and (iii) keep the lid of the receptacle closed except when manure is being deposited or removed; and (e) not permit any farm animal to approach within 15 metres of any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold. (2) An owner or occupier of premises in a rural residential zone shall not keep more than 6 pigs other than on premises registered as a piggery pursuant to the provisions of the Health (Miscellaneous Provisions) Act 2011, except with a licence from the local government. 4.8 Keeping a miniature horse (1) An owner or occupier of a premises may keep only a sterilised miniature horse on land of not less than 1,000 square metres in area provided it is registered with the local government and the set fee is paid. (2) An owner or occupier of premises shall— (a) not keep more than one miniature horse on land without a licence from the local government or an authorised person; and

482 GOVERNMENT GAZETTE, WA 8 March 2024 (b) not permit a miniature horse to come within 9 metres of any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold. (3) The local government or an authorised person may prohibit the keeping of a miniature horse on any land or may state the conditions under which a miniature horse may be kept. 4.9 Keeping a miniature pig (1) Except for a miniature pig, and subject to subclause (2) no person shall keep a pig or pigs. (2) A person shall not keep a miniature pig without a licence from the local government or an authorised person. (3) An owner or occupier of premises where a miniature pig is kept shall— (a) only keep a sterilised animal and retain written proof of its sterilisation; (b) confine the animal on the property at all times; (c) ensure the animal does not cause a nuisance to any neighbour regarding noise, dust, or odour; (d) maintain documentary evidence that the animal’s veterinary treatment against roundworm and tapeworm is current; and (e) not permit the animal to come within 15 metres of any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold. (4) The local government or an authorised person may prohibit the keeping of a miniature pig on any land, or state the conditions under which the miniature pig may be kept. 4.10 Requirements for farm animal shelters (1) Any stable, enclosure or shelter provided for the keeping of farm animals, whether or not a licence is required for the keeping of such farm animals pursuant to clause 4.5, shall— (a) not be situated within 15 metres of any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold; (b) not be situated within 1 metre of any lot boundary; (c) be constructed of materials approved by an authorised person; (d) have on each side of the building between the wall and roof a clear opening of at least 150 millimetres in height, and of sufficient length, to provide adequate ventilation to the stable, enclosure or shelter; (e) when required by the local government have a separate stall for each horse, cow or other approved animal, the shortest dimension of which shall be at least twice the length of the animal housed therein; and (f) subject to subclause (2), have a floor, the upper surface of which shall— (i) be raised at least 75 millimetres above the surface of the surrounding ground; (ii) be constructed of cement, concrete or other similar impervious material; and (iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside the stable or shelter. (2) A stable or shelter constructed with a sand floor may be approved by an authorised person subject to— (a) the site being well drained, with the sand floor being at least 1.5 metres above the highest known ground water level; (b) a 300 millimetre thick bed of crushed limestone being laid under the sand of the stable; (c) the sand, whether natural or imported, being clean, coarse and free from dust; (d) footings to the stable or shelter being a minimum of 450 millimetres below ground level; and (e) the design of the stable allowing for the access of small earthmoving machinery, such as a skid steer loader, into each stall to maintain the correct floor height. (3) An owner or occupier of any land upon which a stable or shelter is located must ensure that the stable or shelter complies in all respects with the requirements of subclause (1), and, where the licence referred to in subclause (2) has been granted, with the requirements of subclause (2). Division 2—Livestock 4.11 Livestock not to stray The owner or person in charge of livestock shall not permit that livestock to stray or to be at large in a thoroughfare, public place or upon private property without the consent of the property owner. 4.12 Property to be fenced The owner or occupier of property on which livestock is kept, shall cause the property or a portion of the property to be fenced in a manner capable of confining the livestock, to that portion where the livestock is kept. PART 5—BUILDING, DEVELOPMENT AND LAND CARE 5.1 Application of this Part This Part applies only within the townsites.

8 March 2024 GOVERNMENT GAZETTE, WA 483 5.2 Provision of refuse receptacles The owner or occupier of a building site or development site shall at all times provide and maintain a refuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of an authorised person, of such design as will— (a) contain any refuse likely to be produced on the site; and (b) prevent refuse being blown from the receptacle by wind. 5.3 Control of refuse (1) From the time of commencement of works on a building site or development site until the time of completion of such work, the owner or occupier of the site shall— (a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented from being blown from the site by wind; (b) keep the site free from any refuse; (c) maintain the verge, footpath and any other reserve, immediately adjacent to the site, free of refuse from the site; and (d) ensure the refuse receptacle is emptied when full. (2) The owner or occupier of a building site or development site shall ensure that within 2 days of completion of works on the site— (a) the site and the verge and footpath immediately adjacent to it, is cleared of all refuse; and (b) all refuse receptacles are removed from the site. 5.4 Prohibited activities for prevention of dust and liquid waste (1) An owner and occupier of land must take reasonable steps or measures to— (a) stabilise dust on the land; (b) contain all liquid waste on the land; and (c) ensure no dust or liquid waste is released or escapes from the land, whether by means of wind, water or any other cause. (2) Where the local government forms the opinion that an owner or occupier has not complied with subclause (1) the local government may give written notice requiring the owner or occupier to do one or more of the following— (a) comply with subclause (1)(a) or (1)(b); (b) clean up and properly dispose of any released or escaped dust or liquid waste; (c) clean up and make good any damage resulting from the released or escaped dust or liquid waste; and (d) take effective measures to stop any further release or escape of dust or liquid waste. (3) Where written notice is issued under subclause (2), the requirements of the notice must be complied with in the period as is specified in the notice. (4) Where the local government forms the opinion that dust or liquid waste has escaped or has been released from an activity undertaken on land or as a consequence of the use of equipment on land, the local government may give written notice requiring that the activity or use of equipment on the land be ceased immediately, for such period as is specified in the notice on— (a) any owner or occupier of the land; or (b) any operator of equipment on the land. (5) Where the local government is of the opinion that dust or liquid waste may be released or escape as a result of an activity which is likely to be carried out from any land, the local government may give to the owner or occupier written notice providing that the activity may only be carried on subject to conditions specified in the notice. 5.5 Dust management If an owner or occupier of land intends to undertake any work involving the clearing of land, from which any sand or dust is likely to be released whether by means of wind, water or any other cause, the local government may require the owner, occupier or builder to— (a) submit a Dust Management Plan in accordance with the Department of Water and Environmental Management document “A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities” (March 2011), or any updated version of this document; and (b) obtain written approval of the Dust Management Plan from an authorised person before commencement of any work. 5.6 Removal of refuse and disused materials (1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or disused material of whatever nature or kind which in the opinion of the local government or an authorised person is likely to give the lot an untidy appearance and does not conform with the general appearance of other land in that particular part of the district. (2) The local government or an authorised person may give written notice to the owner or occupier of a lot requiring the removal of refuse, rubbish or disused material from the lot within the time specified in the notice.

484 GOVERNMENT GAZETTE, WA 8 March 2024 5.7 Removal of unsightly overgrowth of vegetation (1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth of vegetation that gives the lot an untidy appearance and does not conform with the general appearance of other land in that particular part of the district. (2) The local government or an authorised person may give written notice to the owner or occupier of a lot requiring the removal of the overgrowth of vegetation within the time specified in the notice. 5.8 Storage of vehicles, vessels and machinery (1) The owner or occupier of a lot shall not— (a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel or machinery (whether licensed or not) in a state of disrepair; (b) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery in a state of disrepair for a period in excess of 1 month; (c) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery parts (including tyres); (d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or machinery except where performed— (i) inside a building; or (ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of such a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery from the thoroughfare and from adjoining properties; or (e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance. (2) Subclause (1) does not apply to land zoned industrial under a local planning scheme. 5.9 Disposing of disused refrigerators or similar containers A person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or other similar article having a compartment which has a capacity of 0.04 cubic metres or more on any land without first— (a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or (b) rendering every door and lid incapable of being fastened. PART 6—NUISANCES AND DANGEROUS THINGS 6.1 Application of this Part This Part applies only within the townsites. 6.2 Use of exterior lights An owner or occupier of land on which floodlights or other exterior lights are erected or used, shall not allow the floodlights or other exterior lights to shine directly onto any other premises. 6.3 Emission or reflection of light An owner or occupier of land shall ensure that— (a) artificial light is not emitted or reflected from anything on the land so as to illuminate premises outside that land to more than 50 lux; and (b) natural light is not reflected from anything on the land so as to create or cause a nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare. 6.4 Notice may require specified action to prevent emission or reflection of light (1) The local government may by written notice direct the owner or occupier to take such actions as an authorised person considers necessary within the time specified in the notice where— (a) floodlights or other exterior lights shine directly onto any other premises; (b) artificial light is emitted or reflected from anything on the land so as to illuminate premises outside the land to more than 50 lux; or (c) natural light is reflected from anything on the land so as to create or cause a nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare. (2) The notice referred to in subclause (1) may direct that— (a) floodlights or other exterior lights are used only during the hours specified in the notice; (b) the direction in which the lights shine be altered as specified in the notice; (c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or (d) any combination of these measures that the local government believes to be appropriate to the circumstances. 6.5 Burning rubbish, refuse or other material (1) A person shall not set fire to rubbish, refuse or other materials unless— (a) a licence has first been obtained from the local government; (b) the person demonstrates to the satisfaction of the local government that reasonable alternatives for the disposal of the rubbish, refuse or other material do not exist and the potential for pollution is low;

8 March 2024 GOVERNMENT GAZETTE, WA 485 (c) the material does not include any plastic, rubber, food scraps or other material likely to cause the generation of smoke or odour in such quantity as to cause a nuisance to other persons; (d) a haze alert has not been issued by the Bureau of Meteorology for the period during which burning is to take place; and (e) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice issued by the local government under that Act and any conditions of a licence as determined by the local government. (2) Subclause (1) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel. (3) Subclause (2) is subject to any fire danger rating as determined by the Bureau of Meteorology. 6.6 Burning of cleared vegetation prohibited An owner or occupier of any building or development site shall ensure that no vegetation or other material cleared from the site is burnt on the site. 6.7 Escape of smoke, fumes, odours and other emissions An owner or occupier of land or premises shall not cause or permit the escape of smoke, fumes or odours from the land or premises in such quantity or of such a nature as to cause or to be a nuisance to any person. 6.8 Disposal of swimming pool backwash (1) The owner or occupier of land on which a swimming pool is constructed shall ensure that all backwash is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on adjacent land. (2) Subclause (1) shall not prevent the discharge of swimming pool backwash from a lot into a local government approved stormwater drain or road by a method approved by an authorised person. 6.9 Containment of stormwater (1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater received by any building, house, other structure or any paved or sealed or other surfaced areas including any vehicle access ways on the lot is contained within the lot and is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on adjacent land. (2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government approved stormwater drain or road. 6.10 Amusements nuisance A person shall not, without written authorisation from the local government, provide or conduct any amusement on land so as to create or be a nuisance to any owner or occupier of land in the district. 6.11 Restrictions on feeding of birds (1) A person shall not feed a bird— (a) so as to cause a nuisance; or (b) with a food or substance that is not a natural food of a bird. (2) Where an authorised person forms the opinion that a person has not complied with subclause (1) the authorised person may give the person written notice requiring the person to clean up and properly dispose of any feed or waste products specified in the notice. 6.12 Hazardous trees (1) Where a tree on a lot endangers any person or thing on adjoining land, the local government may give written notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal with that tree so as to make the tree safe. (2) Where a tree on a lot presents a serious and immediate danger to any person or thing, the local government may take any remedial action it considers appropriate in order to make the tree safe without having given the owner or occupier written notice pursuant to subclause (1). (3) The local government reserves its right to recover any costs incurred by the local government for remedial action taken in terms of subclause (2). PART 7—VEHICLE NUISANCE 7.1 Livestock vehicles (1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of 30 minutes. (2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so as to create or be a nuisance to any person, by reason of the odour emanating from the vehicle. (3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1), then the person does not contravene subclause (2). 7.2 Truck noise from residential land A person shall not start or drive a truck on land zoned, approved or used for residential purposes between the hours of 10.30 pm and 6.30 am on the following day without first obtaining the written consent of the local government.

486 GOVERNMENT GAZETTE, WA 8 March 2024 PART 8—LICENCES 8.1 Application for licence (1) Where a person is required to obtain a licence under this local law, that person shall apply for the licence in accordance with subclause (2). (2) An application for a licence under this local law shall— (a) be in the form determined by the local government; (b) be signed by the applicant; (c) provide the information required; and (d) be forwarded to the local government together with any set fee. (3) An authorised person may require an applicant to provide additional information reasonably related to an application before determining an application for a licence. (4) An authorised person may require an applicant to give public notice of the application for a licence. (5) An authorised person may refuse to consider an application for a licence which is not in accordance with subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied. 8.2 Decision on application for licence (1) An authorised person may— (a) approve an application for a licence unconditionally or subject to any conditions; or (b) refuse to approve an application for a licence. (2) If an authorised person approves an application for a licence, written notice of approval is to be issued to the applicant. (3) If an authorised person refuses to approve an application for a licence, written notice of that refusal is to be given to the applicant. (4) An authorised person may, at any time, amend a condition of a licence and the amended condition takes effect when written notice of it is given to the licence holder. 8.3 General restrictions on grant of licence (1) An authorised person shall not grant a licence if there are reasonable grounds for believing that the carrying on of the activity to which the application relates would constitute an unacceptable risk to the safety of the public. (2) An authorised person shall not grant a licence unless satisfied that— (a) the applicant is capable of carrying on the activity in accordance with this local law and the terms and conditions of the licence; (b) the public place at which the activity is to be provided is suitable for that purpose; (c) a licence or similar authority granted or issued to the applicant has not been cancelled in the period of 5 years before the application is made; and (d) the applicant is considered to be a fit and proper person to carry on the activity. 8.4 Amendment of licence (1) An authorised person may, by written notice given to the licence holder, amend a licence— (a) imposing any new condition; or (b) change or remove any existing condition. (2) An amendment may be made on application made by the licence holder or on the initiative of an authorised person. (3) An amendment will come into effect on the day that written notice is given to the licence holder, or some other date as specified in the notice. 8.5 False or misleading statement A person shall not make a false or misleading statement in connection with an application in respect of a licence under this local law. 8.6 Compliance with conditions Where an application for a licence has been approved subject to conditions, the licence holder shall comply with each of those conditions, as amended. 8.7 Duration of licence A licence is valid for one year from the date on which it is issued, unless it is— (a) otherwise stated in this local law or in the licence; or (b) cancelled under this Division. 8.8 Renewal of licence (1) A licence holder may apply to the local government for the renewal of a licence. (2) An application for renewal shall— (a) be in the form determined by the local government; (b) be signed by the licence holder; (c) provide the information required by the form;

8 March 2024 GOVERNMENT GAZETTE, WA 487 (d) be forwarded to the local government no later than 28 days before the expiry of the licence, or within a shorter period that the local government in a particular case permits; and (e) be accompanied by any set fee. (3) The provisions of this Part that apply to an application for a licence also apply to an application for the renewal of a licence as though it were an application for a licence. 8.9 Transfer of licence (1) An application for the transfer of a valid licence is— (a) to be made in writing; (b) to be signed by the licence holder and the proposed transferee of the licence; (c) to include such information as an authorised person may require to enable the application to be determined; and (d) to be forwarded to the local government together with any set fee. (2) An authorised person may— (a) approve an application for the transfer of a licence; (b) approve the application subject to any conditions; or (c) refuse to approve the application. (3) Where an authorised person approves an application for the transfer of a licence, the transfer may be effected by an endorsement on the licence signed by the authorised person. (4) Where an authorised person approves the transfer of a licence, the local government is not required to refund any part of any set fee paid by the former licence holder. 8.10 Cancellation of licence A licence may be cancelled by an authorised person if— (a) the licence was obtained improperly; (b) the licence holder has persistently or frequently contravened a term or condition of the licence, or a provision of this local law; or (c) there are reasonable grounds for believing that the continued provision of the activity constitutes or would constitute an unacceptable risk to the safety of the public. 8.11 Surrender of licence A licence holder may, at any time by notice in writing to the local government, surrender the licence. 8.12 Production of licence A licence holder shall produce to an authorised person her or his licence immediately after being required to do so by that authorised person. 8.13 Production of licence document for amendment If an authorised person amends or renews a licence, the licence holder shall, if required by an authorised person, produce the licence document to the authorised person for amendment within the period specified by the authorised person. 8.14 Return of licence document if licence no longer in effect (1) The person who was the licence holder shall as soon as practicable return the licence document to the local government if a licence— (a) has expired or has not been renewed; (b) has been cancelled; or (c) has been surrendered. (2) On the cancellation of a licence under clause 8.10 the licence holder is to be taken to have forfeited any fees paid in respect of the licence. PART 9—NOTICES 9.1 Notice to remedy non-compliance Where any thing is required to be done or not permitted to be done by this local law, an authorised person may give written notice— (a) to the owner or the occupier of the property or property which abuts that portion of the thoroughfare where the thing has been done or not done; or (b) to any other person who may be responsible for the thing done or not done, requiring the person to comply with the requirements of this local law. 9.2 Notice requirements (1) Written notice given under this Part shall— (a) be in writing; (b) given to the person referred to in clause 9.1; (c) specify the reason for giving the notice; (d) the action that is required to be undertaken; and (e) the time within which the work or action is to be undertaken.

488 GOVERNMENT GAZETTE, WA 8 March 2024 (2) At the discretion of the local government, the action that may be required to be undertaken is— (a) to take or cease such action as may be required for compliance with this local law; (b) reinstate the property or thing to the state it was in before the removal, damage or interference; (c) replace that property or thing; or (d) pay for the costs of reinstatement or replacement. 9.3 Offence to fail to comply with notice A person who fails to comply with written notice given to him or her under this local law commits an offence. 9.4 Local government may undertake requirements of notice If a person fails to comply with written notice referred to in clause 9.1, the local government may— (a) do the thing specified in the notice, including replace the property, or reinstate the property to the state it was in before the removal, damage or interference; (b) take whatever remedial action it considers appropriate to put the local government in the position it would have been in if the breach or failure had not occurred; and (c) recover all costs from the person, as a debt. 9.5 Entry into private land This local law is subject to sections 3.25, 3.27 and schedules 3.1 and 3.2 of the Local Government Act 1995 and any power of entry exercised by the local government under this local law is subject to Part 3, Division 3, Subdivision 3 of the Act. PART 10—OBJECTIONS AND APPEALS 10.1 Objections and appeals Division 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal, transfer, amendment or cancellation of a licence or consent. PART 11—ENFORCEMENT 11.1 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. 11.2 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. 11.3 Prescribed offences (1) An offence against a clause specified in Schedule 1 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 1. 11.4 Form of infringement notices (1) For the purposes of this local law— (a) where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations; (b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Regulations; and (c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Regulations. (2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence against clause 2.4, the notice is to contain a description of the alleged offence. ————

8 March 2024 GOVERNMENT GAZETTE, WA 489 Schedule 1—Prescribed offences [clause 11.3] Item Clause Nature of offence Modified penalty $ 1 2.2(a) Failure to keep premise free from excrement, filth, food waste and other matter likely to be offensive or injurious to health, attracts, vermin or insects 250 2 2.2(b) Failure to keep premises clean and disinfected when given written notice 250 3 2.2(c) Failure to keep premises free of flies, or when given written notice, spray premises with residual insecticide or use other means to kill or repel flies 250 4 2.3 Failure to maintain adequate enclosures 250 5 2.4(1) Keeping more than 3 cats without a licence 250 6 2.5(1) Failure to keep cats in accordance with conditions of this local law 250 7 3.1(1) Keeping more than the permitted number of poultry 250 8 3.2(1) Keep, or permit to be kept, any poultry, not in accordance with conditions of this local law 250 9 3.3(1) Keep, or suffer to remain in a residential zone, a rooster, turkey, goose or geese, peafowl or guinea fowl 250 10 3.4(1) Failure to keep pigeons in accordance with conditions of this local law 250 11 3.4(2) Failing to keep cages, enclosures and lofts maintained to minimum standard specified in the Code of Practice 250 12 3.5 Failing to prevent pigeons nesting or perching 250 13 3.6 Failing to keep aviary birds in accordance with conditions of this local law 250 14 3.7 Keeping birds so as to create a nuisance 250 15 4.3 Keeping a farm animal without a valid licence 250 16 4.6 Failure to comply with the conditions for keeping farm animals 250 17 4.7 Failure to keep farm animals in accordance with requirements of this local law 250 18 4.8 Keeping a miniature horse on land without a licence 250 19 4.9 Keeping a miniature pig on land without a licence 250 20 4.10 Failure to provide or keep a shelter for farm animals in accordance with this local law 250 21 4.11 Permitting livestock to stray, or be at large in a thoroughfare, public place or private property without consent 250 22 4.12 Failing to keep property fenced in a manner capable of confining livestock 250 23 5.2 Failure to provide or maintain a refuse receptacle on a building or development site 500 24 5.3 Failure to control refuse on a building or development site 500 25 5.4 Release or escape of dust or liquid waste from land 500 26 5.5 Commencing works involving clearing of land without an approved Dust Management Plan 500 27 5.8(1)(a) Storing, or allow to remain on land, more than one vehicle, vessel or machinery in a state of disrepair 500 28 5.8(1)(b) Storing, or allow to remain on land, any vehicle, vessel or machinery in a state of disrepair for a period in excess of 1 month 500 29 5.8(1)(c) Storing, or allow to remain on land, any vehicle, vessel or machinery parts (including tyres) 500 30 5.8(1)(d)(i) Wreck, dismantle or break up any vehicle part or body, vessel or machinery not inside a building 500 31 5.8(1)(d)(ii) Wreck, dismantle or break up any vehicle part or body, vessel or machinery not behind a sufficient fence or wall 500 32 5.8(1)(e) Wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance 500

490 GOVERNMENT GAZETTE, WA 8 March 2024 Item Clause Nature of offence Modified penalty $ 33 6.5 Burning of cleared vegetation or other material from a building or development site 500 34 8.5 Making a false or misleading statement 500 35 9.3 Failure to comply with written notice 250 36 11.1 Offence not elsewhere specified 250 Dated 22 February 2024. The Common Seal of the Shire of West Arthur was affixed by authority of a resolution of Council in the presence of— NEIL MORRELL, President. VINCENT FORDHAM LAMONT, Chief Executive Officer. MARINE/MARITIME MA401 PORT AUTHORITIES ACT 1999 PORT AUTHORITIES (DESCRIPTION OF PORT OF ASHBURTON) ORDER 2024 Made under the Port Authorities Act 1999 section 24(2) by the Governor in Executive Council.

1. Citation This order is the Port Authorities (Description of Port of Ashburton) Order 2024.
2. Commencement This order comes into operation as follows— (a) clauses 1 and 2—on the day on which this order is published in the Gazette; (b) the rest of the order—on 18 March 2024.
3. Terms used In this order— Deposited Plan 426197 means version 1 of the deposited plan of that number held by the WA Land Information Authority; Deposited Plan 401881 means version 2 of the deposited plan of that number held by the WA Land Information Authority; and WA Land Information Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5.
4. Port of Ashburton described The Port of Ashburton consists of – (a) the area of land depicted as the Land Area shaded green on Deposited Plan 426197; (b) the area of seabed and water depicted as the Seabed and Water Area shaded blue on Deposited Plan 426197; and (c) the area of land comprised by Lot 501 on Deposited Plan 401881.
5. Order revoked The Port Authorities (Description of Port of Ashburton) Order (No. 2) 2014 is revoked. VIV MOLAN, Clerk of the Executive Council.

8 March 2024 GOVERNMENT GAZETTE, WA 491 MINERALS AND PETROLEUM MP401 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Energy, Mines, Industry Regulation and Safety, Perth WA 6004. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for non / late payment of rent. WARDEN CLEARY. ———— To be heard by the Warden at Perth on 15 March 2024. SOUTH WEST MINERAL FIELD Miscellaneous Licences L 70/81 Direct Contracting Pty Ltd L 70/102 Rule, Glenn Frederick Rule, Justin Kimberley WARBURTON MINERAL FIELD Miscellaneous Licences L 69/28 Kalium Lakes Infrastructure Pty Ltd L 69/29 Kalium Lakes Infrastructure Pty Ltd L 69/31 Kalium Lakes Potash Pty Ltd L 69/32 Kalium Lakes Potash Pty Ltd L 69/34 Kalium Lakes Potash Pty Ltd ——————————— MP402 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Energy, Mines, Industry Regulation and Safety, Meekatharra WA 6642. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licence is liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non- compliance with the reporting provisions. WARDEN McPHEE. ———— To be heard by the Warden in Perth on 24 April 2024. MURCHISON MINERAL FIELD Prospecting Licences P 51/3207 Lister, Steven Robert Cole, Matthew Eric ———————————

492 GOVERNMENT GAZETTE, WA 8 March 2024 MP403 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Energy, Mines, Industry Regulation and Safety, Meekatharra WA 6642. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for late payment of rent. WARDEN McPHEE. ———— To be heard by the Warden in Perth on 24 April 2024. MURCHISON MINERAL FIELD Prospecting Licences P 51/3111 Selga, Mark P 51/3216 Lawes, Simon John PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT City of Cockburn Local Planning Scheme No. 3 —Amendment No. 159 Ref: TPS/3098 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Cockburn Local Planning Scheme amendment on 26 February 2024 for the purpose of—

1. Introducing a ‘Development’ zone over the ‘No Zone’ portions of Verde Drive, as depicted on the Scheme Amendment Map (Proposal #1).
2. Reclassifying land associated with the intersection of Jandakot, Solitaire and Fraser Roads from the ‘Resource’ zone to a ‘Local Road’ reservation, as depicted on the Scheme Amendment Map (Proposal #2).
3. Reclassifying Lot 133 Waugh Court and Lot 58 Yates Court, North Lake from a ‘Parks & Recreation’ reserve to the ‘Residential’ (R20) zone, as depicted on the Scheme Amendment Map (Proposal #3).
4. Reclassifying portions of Lots 140 and 141 Empress Crescent, Atwell and Lots 100 (Strata Plan

25648. and 101 Haring Green, Atwell from a ‘Local Road’ reserve to the ‘Residential’ (R20) zone, as depicted on the Scheme Amendment Map (Proposal #4).

5. Reserving various land parcels in Bibra Lake, as ‘Parks & Recreation’, ‘Lakes & Drainage’, ‘Local Road’ or ‘Public Purpose—Water Corporation’, based on their existing tenure, as depicted on the Scheme Amendment Map (Proposal #5).
6. Reserving various land parcels in Success, as ‘Parks & Recreation’, ‘Lakes & Drainage’ and ‘Local Road’, based on their existing tenure, as depicted on the Scheme Amendment Map (Proposal #6).
7. Rezoning portion of Lot 1 Malata Crescent (Strata Plan 55779) ‘Residential’(R160), and reserving various land parcels in Success, as ‘Parks & Recreation’, ‘Lakes & Drainage’, ‘Local Road’, ‘Public Purpose—Telstra’ and ‘Public Purpose—Water Corporation’ based on their existing tenure, as depicted on the Scheme Amendment Map (Proposal #7). L. HOWLETT, Mayor. D. SIMMS, Chief Executive Officer. ———————————

8 March 2024 GOVERNMENT GAZETTE, WA 493 PL402 PLANNING AND DEVELOPMENT ACT 2005 APPROVED TOWN PLANNING SCHEME AMENDMENT City of Cockburn Town Planning Scheme No. 3 —Amendment No. 164 Ref: TPS/3103 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Cockburn Town Planning Scheme amendment on 26 February 2024 for the purpose of—

1. Rezoning various lots within ‘Development Area 8’ and ‘Development Area 9’ from ‘Development’ to ‘Residential (R20)’, Residential (R25)’, ‘Residential (R30)’, ‘Residential (R40)’, ‘Residential (R60)’, ‘Residential (R80)’, ‘Local Centre’, ‘Mixed Use’ and ‘Mixed Business’ as depicted on the Scheme Amendment Map.
2. Reclassifying land within ‘Development Area 8’ and ‘Development Area 9’ from the ‘Development’ zone to a local reserve for ‘Parks and Recreation’, ‘Lakes and Drainage’, ‘Public Purpose (Primary School)’ and ‘Local Road’ as depicted on the Scheme Amendment Map.
3. Reducing the extent of the ‘Development Area 8’ and ‘Development Area 9’ special control area boundaries, as depicted on the Scheme Amendment Map. L. HOWLETT, Mayor. D. SIMMS, Chief Executive Officer. ——————————— PL403 PLANNING AND DEVELOPMENT ACT 2005 APPROVED TOWN PLANNING SCHEME AMENDMENT City of Cockburn Town Planning Scheme No. 3 —Amendment No. 168 Ref: TPS/3106 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Cockburn Town Planning Scheme amendment on 26 February 2024 for the purpose of—
4. Reclassifying land within the ‘Development Area 14’ from the ‘Residential’ zone to a local reserve for ‘Parks and Recreation’, ‘Lakes and Drainage’ or ‘Local Road’, as depicted on the Scheme Amendment Map.
5. Modifying ‘Table 9—Development Areas’ of the Scheme Text, by deleting Provision 3 as it relates to DA 14.
6. Reducing the extent of the ‘Development Area 14’ (DA14) special control area boundary, as depicted on the Scheme Amendment Map.
7. Rezoning various lots within ‘Development Area 36’ from ‘Development’ to ‘Residential (R20), ‘Residential (R30), Residential (R40) and ‘Residential (R60)’, as depicted on the Scheme Amendment Map.
8. Reclassifying land within ‘Development Area 36’ from the ‘Development’ zone to a local reserve for ‘Parks and Recreation’ or ‘Local Road’, as depicted on the Scheme Amendment Map.
9. Deleting ‘Development Area 36’ (DA36) entirely, from within ‘Table 9—Development Areas’ of the Scheme Text, and the Scheme Map. L. HOWLETT, Mayor. D. SIMMS, Chief Executive Officer. ——————————— PL404 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT City of Busselton Local Planning Scheme No. 21 —Amendment No. 55 Ref: TPS/3015 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Busselton Local Planning Scheme amendment on 26 February 2024 for the purpose of— (a) Inserting ‘Special Provision Area No. 76’ to read as follows –

494 GOVERNMENT GAZETTE, WA 8 March 2024 No Particulars of Land Zone Special Provisions SP76 As identified on the Scheme map Urban Development

1. In addition to the information to be included in a structure plan outlined in Clause 16 of the Deemed Provisions and specified in the Leeuwin-Naturaliste Sub Regional Strategy for this area, the structure plan is to set out the following— i. Measures to retain, manage, and enhance environmental values associated with the Special Provision Area including remnant vegetation, potential fauna habitat, ecological linkages, and wetlands. ii. Measures to provide linkages and connectivity with contiguous areas of remnant vegetation on land adjoining the Special Provision Area. ii. Management measures to ensure habitat functions within the Special Provision area are maintained and, where possible, enhanced. iv. Provision of vegetated buffers to ensure visual screening and separation of development from main roads adjoining the Special Provision Area. v. Measures to provide for the safe and efficient movement of pedestrians and cyclists to, from, and within the Special Provision Area, including crossings of main roads adjoining the Special Provision Area.

i. All development on land or lots affected by coastal inundation requires prior development approval of the local government. ii. All habitable development on land or lots affected by coastal inundation is to have a minimum finished floor level of 3.0 metres AHD. iii. A notification on title advising of coastal hazard risk is to be applied as a condition of subdivision or development, for all land or lots affected by coastal inundation. b) Amending the Scheme Map by— (i) replacing the ‘Rural’ and ‘Conservation’ zones over Lots 4, 12 and 402 Caves Road and Lots 14 and 15 Bussell Highway, Abbey with the ‘Urban Development’ zone; and (ii) amending the boundary of the Landscape Value Area to align with the west, south and east boundaries of Lot 4 Caves Road, Abbey. P. CRONIN, Mayor. T. NOTTLE, Chief Executive Officer.

8 March 2024 GOVERNMENT GAZETTE, WA 495 PREMIER AND CABINET PR401 INTERPRETATION ACT 1984 MINISTERIAL ACTING ARRANGEMENTS It is hereby notified for public information that the Governor, in accordance with section 12(c) of the Interpretation Act 1984, has approved the following temporary appointment. Hon D. A. Templeman MLA to act temporarily in the office of Minister for Emergency Services; Innovation and the Digital Economy; Science; Medical Research; Minister Assisting the Minister for State and Industry Development, Jobs and Trade in the absence of the Hon S. N. Dawson MLC for the period 29 February to 13 March 2024 (both dates inclusive). E. ROPER, Director General, Department of the Premier and Cabinet. ——————————— PR402 DEPUTY OF THE GOVERNOR NOTICE (NO. 2) 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 (No. 2) 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 6 May 2024 to 10 May 2024 (both dates inclusive). DIRECTOR GENERAL, Department of the Premier and Cabinet. PUBLIC NOTICES ZZ401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Notice to Janine Lucy Morrison Marlene Helen Morrison died in July 2016 in Kalgoorlie. Marlene’s daughter, Janine Lucy Morrison, born 21 January 1970, is a beneficiary of the Estate under the Administration Act 1903 (WA). The Public Trustee holds the entitlement of Janine Lucy Morrison. The Public Trustee invites contact from Janine Lucy Morrison, and if she is deceased, any person claiming through her, such as her executor, administrator or children. Further, contact is welcomed from any person with information about Janine Lucy Morrison or her whereabouts. Please contact the Public Trustee by telephone on 0892226582 by email to TM86@justice.wa.gov.au or by post to GPO Box M946 Perth WA 6843. Quote reference number 33159406. If Janine Lucy Morrison does not make contact within 2 months from the date of this advertisement, then her entitlement will be distributed to the remaining beneficiaries of the Estate, and the claim of Janine Lucy Morrison or any person entitled to claim through her will be disregarded. ———————————

496 GOVERNMENT GAZETTE, WA 8 March 2024 ZZ402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Estate of Beris Athlea Shepherdson, late of 8 Nix Street Boyup Brook, 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 above-named deceased, who died on the 20th January 2024, are required by the Executor, Steven Hagan to send the particulars of their claims to him at 30 Charlottes Vista, Ellenbrook, Western Australia, 6069, within one (1) 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. ——————————— ZZ403 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Terence Roy Dix, late of 2653 Donnybrook Boyup Brook Road, Mumballup, 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 3 June 2023, are required by the executors Cynthia Ellen Dix and Jonathon James Dix to send the particulars of their claims c/- 27 Venn Street West, Collie, Western Australia 6225 within one (1) 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 they then have notice. ——————————— ZZ404 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants William David Snaith and Pauline Lilian Snaith, both late of 25A Solquest Way, Cooloongup, WA, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect of the estate of William David Snaith, who died 29/04/2022, and Pauline Lilian Snaith, who died on 08/02/2017 are required by the trustee of the late William David Snaith and Pauline Lilian Snaith, c/- Mountains Lawyers, PO Box 5379, Rockingham Beach WA 6969 to send particulars of their claims to the trustee within 30 days of this notice, after which date the trustee may convey or distribute the assets, having regard only to the claims of which the trustee then has notice. MOUNTAINS LAWYERS PTY LTD, Solicitors for the Trustee. Ph: (08) 9592 7326. ——————————— ZZ405 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Valerie Patricia Green, late of 95 Lakelands Road, Greenfields, 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 17th December 2023 are required by the trustee, of Nola Lesley Ellis, of 5 Carnarvon Way, Erskine to send particulars of their claims to her within one (1) month from the date of publication of this notice, after which date the trustee may convey or distribute the assets, having regard only to the claims of which she then has notice. ———————————

8 March 2024 GOVERNMENT GAZETTE, WA 497 ZZ406 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Estate of Judith Elisabeth Hammond Parry, late of 13 Norfolk Street, Dunsborough in the State of Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect of the estate of the above-named deceased, who died on the 14th day of December 2023, are required by the Executor, being Mr Andrew Parry, to send particulars of their claims to him at PO Box 305, Maylands WA, 6931, by the date being one month following the publication of this notice, after which date the Executor may convey or distribute the assets, having regard only to claims of which he then has notice. ——————————— ZZ407 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Kar Teng Chew, late of Canning Vale, 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 3 September 2021, are required by the Executor, PO Box 5293, Canning Vale South, Western Australia 6155, to send particulars of their claims to the Executor 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 they then have notice. ——————————— ZZ408 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Ryan Matthew Kennedy, late of 13A Changton Way, Westminster, Western Australia, Operations Manager, 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 or before 5 July 2022 are required by the Administrator Ashley Alysse Smith 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 administrator may convey or distribute the assets having regard only to the claims of which she then has notice. ——————————— ZZ409 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 8 April 2024 after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice. Bullock, Peter (also known as Peter James Bullock), formerly of Selby Lodge, 6 Lemnos Street, Shenton Park and Saint Luke’s Nursing Home, 429 Rokeby Road, Shenton Park, late of Hall & Prior Leighton Aged Care Home, 40 Florence Street, West Perth, who died on 13 January 2024 (DE33037891 EM36). Campbell, Maria, late of Brightwater South Lake Aged Care, 62 Bloodwood Circle, South Lake, who died on 18 July 2023 (PM33042787 EM27). Crimp, Paul Santo, late of James Brown Care Centre, 171 Albert Street, Osborne Park, who died on 29 October 2023 (DE19981545 EM14). Edwards, Pamela June, late of 43 Alexander Road, Rivervale, who died on 4 February 2024 (DE19881328 EM110).

498 GOVERNMENT GAZETTE, WA 8 March 2024 Fraser, Pamela Winifred, late of Menora Gardens Aged Care, 51 Alexander Drive, Menora, who died on 28 January 2024 (DE19651689 EM13). Griffin, Murray Joseph, late of Unit 36, 99 Burslem Drive, Maddington, who died on 21 December 2023 (DE19690437 EM22). Groves, Alan Edward (also known as Allan Groves), formerly of Opal Aged Care Geraldton, 159-161 Fitzgerald Street, Geraldton, late of Opal Aged Care Armadale, 21 Angelo Street, Armadale, who died on 2 February 2024 (PM33183957 EM214). Malone, Winifred (also known as Win Malone), late of Roshana Gwen Hardie Aged Care, 67 Mermaid Avenue, Emu Point, who died on 5 February 2024 (DE33092209 EM14). Mitchell, Shirley May, late of Amana Living St Francis Court, Unit 122, 34 Robinson Street Inglewood, who died on 9 December 2022 (DE33088375 EM23). White, Matilda (also known as Anne White), late of Coolibah Aged Care, 30 Third Avenue, Mandurah, who died on 1 November 2023 (PM33174330 EM214). Worthington, Neil Dare, late of Rowethorpe Uniting Church Home, 4-10 Hayman Road, Bentley, who died on 1 December 2023 (DE19650130 EM16). BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212. ———————————