Section 1 - Shire of West Arthur, Animals, Environment and Nuisance Local Law 2024 - Shire of West Arthur, Animals, Environment and Nuisance Local Law 2024 | Zoe
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
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.
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.
Citation
This order is the
Port Authorities (Description of Port of Ashburton) Order 2024.
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.
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.
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.
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—
Introducing a ‘Development’ zone over the ‘No Zone’ portions of Verde Drive, as depicted on the
Scheme Amendment Map (Proposal #1).
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).
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).
Reclassifying portions of Lots 140 and 141 Empress Crescent, Atwell and Lots 100 (Strata Plan
and 101 Haring Green, Atwell from a ‘Local Road’ reserve to the ‘Residential’ (R20)
zone, as depicted on the Scheme Amendment Map (Proposal #4).
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).
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).
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—
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.
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.
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—
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.
Modifying ‘Table 9—Development Areas’ of the Scheme Text, by deleting Provision 3 as it
relates to DA 14.
Reducing the extent of the ‘Development Area 14’ (DA14) special control area boundary, as
depicted on the Scheme Amendment Map.
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.
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.
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
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.
Citation
This notice is the
Deputy of the Governor Notice (No. 2) 2024.
Appointment of the deputy of the Governor
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.
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