Shire of York Cat Amendment Local Law 2018
!2019012GG! 191 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, FRIDAY, 25 JANUARY 2019 No. 12 PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT CONTENTS PART 1 Page Betting Control Amendment Regulations 2019........................................................................ 199 Betting Tax Assessment Act 2018 Commencement Proclamation 2019 ................................. 193 Gaming and Wagering Legislation Amendment Act 2018 Commencement Proclamation 2019 .................................................................................................................. 193 Racing and Gaming Regulations Amendment Regulations 2019 ............................................ 202 Racing and Wagering Western Australia (FOB Rules) Notice (No. 1) 2019 ........................... 197 Shire of York Cat Amendment Local Law 2018 ....................................................................... 194 Trans-Tasman Mutual Recognition (Western Australia) Endorsement of Regulations Notice 2019 ............................................................................................................................. 195 ——— PART 2 Community and Child Services ................................................................................................. 204 Deceased Estates ....................................................................................................................... 211 Justice......................................................................................................................................... 204 Lands .......................................................................................................................................... 205 Local Government ...................................................................................................................... 205 Minerals and Petroleum ............................................................................................................ 206 Planning ..................................................................................................................................... 207 Police .......................................................................................................................................... 210 Premier and Cabinet.................................................................................................................. 210
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25 January 2019 GOVERNMENT GAZETTE, WA 193 — PART 1 — PROCLAMATIONS AA101 Betting Tax Assessment Act 2018 Betting Tax Assessment Act 2018 Commencement Proclamation 2019 Made under the Betting Tax Assessment Act 2018 section 2(b) by the Governor in Executive Council.
- Citation This proclamation is the Betting Tax Assessment Act 2018 Commencement Proclamation 2019.
- Commencement The Betting Tax Assessment Act 2018 Part 7 and Part 8 Division 2 come into operation on 1 February 2019. K. BEAZLEY, Governor. L.S. B. WYATT, Minister for Finance. Note: The Racing and Gaming Regulations Amendment Regulations 2019 come into operation when the Betting Tax Assessment Act 2018 Part 8 Division 2 comes into operation. ——————————— AA102 Gaming and Wagering Legislation Amendment Act 2018 Gaming and Wagering Legislation Amendment Act 2018 Commencement Proclamation 2019 Made under the Gaming and Wagering Legislation Amendment Act 2018 section 2(b) by the Governor in Executive Council.
- Citation This proclamation is the Gaming and Wagering Legislation Amendment Act 2018 Commencement Proclamation 2019.
194 GOVERNMENT GAZETTE, WA 25 January 2019 2. Commencement of Act The Gaming and Wagering Legislation Amendment Act 2018, other than Part 1, comes into operation on 1 February 2019. K. BEAZLEY, Governor. L.S. P. PAPALIA, Minister for Racing and Gaming. Note: The Betting Control Amendment Regulations 2019 come into operation when the Gaming and Wagering Legislation Amendment Act 2018 section 3 comes into operation. LOCAL GOVERNMENT LG301 CAT ACT 2011 LOCAL GOVERNMENT ACT 1995 Shire of York CAT AMENDMENT LOCAL LAW 2018 Under the powers conferred by the Local Government Act 1995, Cat Act 2011 and under all the other powers enabling it, the Council of the Shire of York resolved on 17 December 2018 to make the following local law.
- Citation This local law shall be cited as the Shire of York Cat Amendment Local Law 2018.
- Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.
- Principal local law The local law amends the Shire of York Cat Local Law 2017 as published in the Government Gazette on 16 March 2018.
- Clause 1.4 amended In clause 1.4, in the definition for permit, delete “clause 2.6” and replace with “clause 2.4”.
- Clause 3.1(3) amended In clause 3.1(3) delete “or until the local government withdraws the notice” and replace with “which period shall not exceed 28 days”
- Clause 4.3(3) amended In clause 4.3(3) delete “identified” and replace with “unidentified”.
- Clause 6.2 deleted Clause 6.2 is deleted.
- Clause 6.3(2) amended In clause 6.3(2) delete “Section 84” and replace with “Section 62”.
- Schedule 2 amended Schedule 2 is amended as follows— (a) In item 2 delete “2.6(c)” and replace with “2.6(1)(e)”; and (b) delete “Clause 7.3” and replace with “Clause 6.3”. ———— Dated: 16 January 2019. The Common Seal of the Shire of York was affixed by authority of a resolution of the Council in the presence of— Cr DAVID WALLACE, Shire President. PAUL MARTIN, Chief Executive Officer.
25 January 2019 GOVERNMENT GAZETTE, WA 195 PREMIER AND CABINET PR301 Trans-Tasman Mutual Recognition (Western Australia) Act 2007 Trans-Tasman Mutual Recognition (Western Australia) Endorsement of Regulations Notice 2019 Made by the Governor in Executive Council.
- Citation This notice is the Trans-Tasman Mutual Recognition (Western Australia) Endorsement of Regulations Notice 2019.
- Proposed regulations endorsed For the purposes of the Trans-Tasman Mutual Recognition Act 1997 (Commonwealth) section 45 as adopted under the Trans-Tasman Mutual Recognition (Western Australia) Act 2007, the proposed regulations set out in Schedule 1 to this notice are endorsed. Schedule 1 — Proposed regulations [cl. 2] Trans-Tasman Mutual Recognition Amendment (Permanent Exemption for Emissions-controlled Products) Regulations 2018 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Dated 2018 Peter Cosgrove Governor-General. By His Excellency’s Command Melissa Price Minister for the Environment.
196 GOVERNMENT GAZETTE, WA 25 January 2019 1 Name This instrument is the Trans-Tasman Mutual Recognition Amendment (Permanent Exemption for Emissions-controlled Products) Regulations 2018. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details
- The whole of this instrument The day after this instrument is registered. Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under subsection 45(3) of the Trans-Tasman Mutual Recognition Act 1997. 4 Schedules Each Act that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. Schedule 1—Amendments Trans-Tasman Mutual Recognition Act 1997 1 Clause 3 of Schedule 2 (at the end of the table) Add: Emissions-controlled products Product Emissions Standards Rules 2017, to the extent that they deal with emissions-controlled products that are propulsion marine engines or non-road engines R. KENNEDY, Clerk of the Executive Council.
25 January 2019 GOVERNMENT GAZETTE, WA 197 RACING, GAMING AND LIQUOR RA301 RACING AND WAGERING WESTERN AUSTRALIA ACT 2003 RACING AND WAGERING WESTERN AUSTRALIA (FOB RULES) NOTICE (NO. 1) 2019 Made by Racing and Wagering Western Australia under section 61 of the Act.
- Citation This notice is the Racing and Wagering Western Australia (FOB Rules) Notice (No. 1) 2019.
- Commencement These rules came into operation on 12 June 2012.
- Interpretation In this notice— “the Act” means the Racing and Wagering Western Australia Act 2003; “the Rules” means the rules described in clause 4, adopted by Racing and Wagering Western Australia.
- Rules adopted under section 61 of the Act (1) In a meeting held on 31 May 2012, Racing and Wagering Western Australia resolved— (a) to adopt and operate under rules relating to a jointly operated fixed odds wagering system in accordance with section 61(2) and (4) of the Act. (2) A copy of the rules adopted was published for public information in the Special Gazette of 12 June 2012 at pp. 2413-2441. (3) Further amendments to the Rules were adopted by resolution of the Board dated 11 October 2012, 25 March 2013 30 August 2013, 31 October 2013, 20 December 2013, 1 May 2014, 3 September 2014, 28 November 2014, 21 September 2015, 23 November 2015, 21 January 2016, 29 February 2016, 4 April 2016, 27 June 2016, 25 July 2016, 29 August 2016, 3 October 2016, 31 October 2016, 27 February 2017, 28 November 2016, 1 May 2017, 29 May 2017, 26 June 2017, 28 August 2017, 2 October 2017, 26 February 2018, 26 March 2018, 25 June 2018, 1 October 2018 and 26 November 2018 and published for public information in the Gazettes of 23 October 2012 at pp. 5058-5060, 5 April 2013 at pp. 1490-1491, 17 September 2013 at pp. 4337-4346, 15 November 2013 at pp.5262-5265, 10 January 2014 at pp. 24-25, 13 May 2014 at pp. 1455-1465, 12 September 2014 at pp. 3290-3291, 5 December 2014 at pp. 4523-4525, 25 September 2015 at pp. 3881-3883, 27 November at pp. 4756-4758 29 January 2016 at pp 276-277, 4 March 2016 at pp 627-628, 8 April 2016 at pp. 1101-1103, 1 July 2016 at pp. 2748-2749, 29 July 2016 at pp. 3215-3217, 2 September at pp. 3713-3714, 7 October 2016 at pp. 4379-4387, 4 November 2016 at pp. 5010-5011, 3 March 2017 at pp. 1482-1484, 28 March 2017 at pp. 1935-1936, 5 May 2017 at pp. 2370-2371, 2 June 2017 at pp. 2754-2755, 30 June 2017 at pp. 3594-3602, 1 September 2017 at pp. 4661-4664, 6 October 2017 at pp. 5182-5184, 2 March 2018 at pp. 673-675, 6 April 2018 at pp. 1215-1216, 29 June 2018 at pp. 2441-2442, 16 October 2018 at pp. 4109-4131 and 30 November at pp. 4601-4602.
- Changes to Rules published for public information section 61(6)(c) of the Act (1) Further amendments to the Rules were adopted by resolution of the Board dated 17 January 2019. (2) Those further amendments to the Rules are published in the Schedule to this notice for public information, as required by section 61(6)(c) of the Act Schedule 1—Amendments to Adopted Rules 154 JOCKEY CHALLENGE Betting on the Jockey Challenge is Win Only. In the case of 2 or more jockeys finishing the day on the same amount of points, the Dead-Heat Rule applies. This is regardless of the amount of outright winners ridden by either of these jockeys. Jockey Challenge bets will be offered on selected meetings. Betting is conducted on a Win Only, All-In basis (i.e. no refunds or Deductions). All bets must be placed prior to the first race of the card commencing for wagers to stand. The winning jockey for each meeting will be decided on the following points per race system: a first placed jockey receives three points; a second placed jockey will receive two points; and a third placed jockey will receive one point.
198 GOVERNMENT GAZETTE, WA 25 January 2019 A jockey who accumulates the most points throughout the entire meeting will be considered the winner for settlement purposes. Dead Heat rules will apply if two or more jockeys are on equal points at the completion of all races from the meeting. Any Other Individual Jockey counts as one Selection for settling purposes (i.e. in the case of two jockeys who fall within the Any Other Individual Jockey category places in a Dead Heat for the win, both will be paid as winners at the full dividend). In the case of a meeting being abandoned or postponed at a point in time where a jockey has an unassailable lead, winning bets will be paid at the full dividend with all other bets being settled as losers. When a meeting is postponed or abandoned in any other circumstance, all single bets are void and wagers will be refunded. Affected multi-bets will be recalculated excluding that leg. 155 If any individual jockey in the market does not complete at least one ride for the meeting, all wagers on the Jockey Challenge for that meeting will be cancelled and monies refunded. The option “any other individual jockey” covers any jockey whose odds are not listed in the market. In the event of horses placing in a Dead Heating for a win and/or place, the points will be shared equally by the number of competitors in that Dead Heat, as outlined in the table below. Dead Heat for 1st Dead Heat for 2nd Dead Heat for 3rd 1st 2.5, 2.5 3 3 2nd 0 1.5, 1.5 2 3rd 1 0 0.5, 0.5 156 For wagers on any Jockey Challenge to stand, all races scheduled for the race meeting must be run and correct weight declared. If the meeting is postponed, abandoned, or any race is declared a “no-race” by the Stewards, all wagers on the Jockey Challenge for that meeting will be cancelled and the monies refunded regardless of standings at the time. NOT USED 185 GREYHOUND BOX NUMBER CHALLENGE For each Greyhound meeting where the Box Number Challenge is offered, wagers can be made on which box number will score the most points for winners and place-getters for that meeting. The following Rules apply to the Greyhound Box Number Challenge: (a) points are awarded to the appropriate box number on a 3-2-1 points basis for the placing of 1st, 2nd and 3rd respectively; (b) in the case of a Dead-Heat in any race, the box numbers involved will be awarded an equal share of any points won; (c) in the case of two or more box numbers finishing the meeting on the same number of points, the Dead-Heat Rule applies, regardless of the number of outright winners from any particular box; (d) betting is Win Only; (e) All-In Betting applies. Therefore, if a box is left vacant, it will record zero points; (f) where a reserve dog (i.e. #9 and #10) gains a start and is placed 1st, 2nd or 3rd, the points will be awarded to the box number it jumps from; (g) if a meeting is postponed or abandoned at any stage, all wagers for that meeting will be cancelled and monies refunded, regardless of standings at the time; and (h) if a race is declared a no-race, no points will be awarded for that race and wagers will stand. Box Challenge bets will be offered on selected greyhound meetings. Betting is conducted on a Win Only, All-In basis (i.e. no refunds or Deductions). All bets must be placed prior to the first race of the card commencing for wagers to stand. The winning box for each meeting will be decided on the following points per race system: a first placed box receives three points; a second placed box will receive two points; and a third placed box will receive one point. Where a reserve dog (i.e. #9 and #10) gains a start and is placed 1st, 2nd or 3rd, the points will be awarded to the box number it jumps from. The box number which accumulates the most points throughout the entire meeting will be considered the winner for settlement purposes. Dead Heat rules will apply if two or more boxes are on equal points at the completion of all races from the meeting. In the case of a meeting being abandoned or postponed at a point in time where a box number has an unassailable lead, winning bets will be paid at the full dividend with all other bets being settled as losers. When a meeting is postponed or abandoned in any other circumstance,
25 January 2019 GOVERNMENT GAZETTE, WA 199 all single bets are void and wagers will be refunded. Affected multi-bets will be recalculated excluding that leg. In the event of dogs placing in a Dead Heating for a win and/or place, the points will be shared equally by the number of competitors in that Dead Heat, as outlined in the table below. Dead Heat for 1st Dead Heat for 2nd Dead Heat for 3rd 1st 2.5, 2.5 3 3 2nd 0 1.5, 1.5 2 3rd 1 0 0.5, 0.5 347A. In-Play For In-Play betting purposes, unless expressly stated otherwise, a reference in a market to an ‘innings’ is a reference to the particular innings which is currently being played at the time the In-Play market is available. ——————————— RA302 Betting Control Act 1954 Betting Control Amendment Regulations 2019 Made by the Governor in Executive Council.
- Citation These regulations are the Betting Control Amendment Regulations 2019.
- Commencement These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — when the Gaming and Wagering Legislation Amendment Act 2018 section 3 comes into operation.
- Regulations amended These regulations amend the Betting Control Regulations 1978.
- Regulation 3 amended In regulation 3(1) insert in alphabetical order: approved event means an event, or a contingency, on or in relation to which bookmaking has been approved under section 4B(2) of the Act;
200 GOVERNMENT GAZETTE, WA 25 January 2019 5. Regulation 14 amended In regulation 14(7) delete “sporting events or contingencies approved under section 4B,” and insert: an approved event, 6. Regulation 17 amended In regulation 17(1) delete “a sporting event, or a contingency,” (each occurrence) and insert: an approved event 7. Regulation 71 amended In regulation 71(1): (a) delete “a sporting event,” and insert: an event, (b) delete “that sporting event” and insert: that event Note: The heading to amended regulation 71 is to read: Telephone betting on approved events 8. Regulation 74 amended In regulation 74: (a) delete “a sporting event,” and insert: an event, (b) delete “that sporting event” and insert: that event Note: The heading to amended regulation 74 is to read: Internet betting (approved events) 9. Appendix Part 2 heading amended In the heading to the Appendix Part 2 delete “a sporting event, or a contingency, approved under section 4B” and insert: approved events
25 January 2019 GOVERNMENT GAZETTE, WA 201 10. Appendix Part 2 rule 4 amended In the Appendix Part 2 rule 4 delete “a sporting event or contingency” and insert: an approved event 11. Various references to “sporting event” amended In the provisions listed in the Table: (a) delete “a sporting event” (each occurrence) and insert: an approved event (b) delete “a sporting event” and insert: an approved event (c) delete “or sporting event” and insert: or approved event (d) delete “the sporting event” and insert: the approved event (e) delete “same sporting event” and insert: same approved event (f) delete “sporting events” and insert: approved events (g) delete “sporting contingencies” and insert: approved events (h) delete “sports betting” and insert: betting on approved events
202 GOVERNMENT GAZETTE, WA 25 January 2019 Table r. 3(1) def. of bet back par. (a) r. 3(3)(b) r. 18(1)(e) r. 37(1)(k) r. 49(b) r. 50(b) r. 51(1)(b) and (3) r. 60 r. 61(1) r. 62(2) r. 63(6)(a) and (b) r. 64(3)(a) and (b) Appendix Part 2 r. 1 Appendix Part 2 r. 6 Appendix Part 2 r. 7 Appendix Part 2 r. 8 Appendix Part 2 r. 9 R. KENNEDY, Clerk of the Executive Council. ——————————— RA303 Betting Control Act 1954 Racing and Wagering Western Australia Act 2003 Racing and Gaming Regulations Amendment Regulations 2019 Made by the Governor in Executive Council. Part 1 — Preliminary
- Citation These regulations are the Racing and Gaming Regulations Amendment Regulations 2019.
- Commencement These regulations come into operation as follows — (a) Part 1 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — when the Betting Tax Assessment Act 2018 Part 8 Division 2 comes into operation.
25 January 2019 GOVERNMENT GAZETTE, WA 203 Part 2 — Betting Control Regulations 1978 amended 3. Regulations amended This Part amends the Betting Control Regulations 1978. 4. Regulation 17E deleted Delete regulation 17E. 5. Regulation 71 amended In regulation 71(3) delete “recorded and, for the purposes of section 15, included in the returns to be delivered under the Act.” and insert: recorded. 6. Regulation 72 amended In regulation 72(3) delete “recorded and, for the purposes of section 15, included in the returns to be delivered under the Act.” and insert: recorded. 7. Regulation 76 amended In regulation 76(3) delete “regulation 37 and, for the purposes of section 15, included in the returns to be delivered under the Act.” and insert: regulation 37. Part 3 — Racing and Wagering Western Australia Regulations 2003 amended 8. Regulations amended This Part amends the Racing and Wagering Western Australia Regulations 2003. 9. Regulations 26 and 26A deleted Delete regulations 26 and 26A. R. KENNEDY, Clerk of the Executive Council. ———————————
204 GOVERNMENT GAZETTE, WA 25 January 2019 — PART 2 — COMMUNITY AND CHILD SERVICES CN401 ADOPTION ACT 1994 CONTACT AND MEDIATION LICENSEE I, Diane Scarle, Director Professional Practice, Department of Communities—Child Protection and Family Support, issue the following person with a licence to act as a Contact and Mediation Licensee under Sections 105 and 106 of the Adoption Act 1994 and subject to the Adoption Regulations 1995, the Code of Practice 1995 and conditions as stipulated for a period of five years— Jennifer Newbould Adoption Research and Counselling Service 301 Railway Parade Maylands WA 6051 Dated this 21st day of January 2019. DIANE SCARLE, Director, Professional Practice Unit, Department Of Communities—Child Protection And Family Support. JUSTICE JU401 PRISONS ACT 1981 PERMIT DETAILS Pursuant to Section 15P of the Prisons Act 1981, the Commissioner of Corrective Services has issued the following permits— Surname Other Name(s) Permit No. McNally Paul PA 0248 Dated: 21 January 2019. DAVID HUGHES, Assistant Director, Private Prison Contract Management. ——————————— JU402 JUSTICES OF THE PEACE ACT 2004 APPOINTMENT It is hereby notified for public information that the Governor in Executive Council has approved of the following to the Office of Justice of the Peace for the State of Western Australia— Fern Marie Trouchet of Leinster JOANNE STAMPALIA, Executive Director, Court and Tribunal Services.
25 January 2019 GOVERNMENT GAZETTE, WA 205 LANDS LA401 ELECTRONIC CONVEYANCING ACT 2014 MAKING AND PUBLICATION OF PARTICIPATION RULES MAKING AND PUBLICATION OF OPERATING REQUIREMENTS WA Participation Rules Version 5 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 5 will come into effect in Western Australia on 25 February 2019. In accordance with section 25 of the Act, the WA Participation Rules Version 5 were published on Landgate’s website on 18 January 2019 and can be found at http://www.landgate.wa.gov.au. WA Operating Requirements Version 5 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 5 will come into effect in Western Australia on 25 February 2019. In accordance with section 25 of the Act, the WA Operating Requirements Version 5 were published on Landgate’s website on 18 January 2019 and can be found at http://www.landgate.wa.gov.au. JEAN VILLANI, Registrar of Titles. Dated: 18 January 2019. LOCAL GOVERNMENT LG401 LOCAL GOVERNMENT ACT 1995 City of Wanneroo BASIS OF RATES I, Michael Connolly, being delegated by the Minister of the Crown to whom the administration of the Local Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act, hereby, and with effect from 14 December 2018, determined that the method of valuation to be used by the City of Wanneroo as the basis for a rate in respect of the land referred to in the Schedule is to be the gross rental value of the land— Schedule Designated Land UV to GRV All those portions of land being Lots 138 to 140 inclusive as shown on Deposited Plan 412407 and Lots 1 to 21 inclusive as shown on Deposited Plan 413439. MICHAEL CONNOLLY, Deputy Director General, Regulation, Department of Local Government, Sport and Cultural Industries. ——————————— LG402 TOWN OF PORT HEDLAND APPOINTMENT It is hereby notified for public information that Hannah Nordmann has been appointed as an Authorised Officer/Ranger in accordance with the various Acts, Regulations and Local Laws as detailed hereunder— • Dog Act 1976 and Regulations • Control of Vehicles (Off-road Areas) Act 1978 and Regulations • Litter Act 1979 and Regulations • Local Government Act 1995 and Regulations • Local Government (Miscellaneous Provisions) Act 1960 • Town of Port Hedland Local Laws • Emergency Management Act 2005 and Regulations • Bush Fires Act 1954 and Regulations • Caravan Parks and Camping Grounds Act 1995 and Regulations • Cat Act 2011 and Regulations • Fines, Penalties and Infringement Notices Enforcement Act 1994 and Regulations DAVID PENTZ, Chief Executive Officer.
206 GOVERNMENT GAZETTE, WA 25 January 2019 LG403 DOG ACT 1976 CAT ACT 2011 Town of Port Hedland APPOINTMENT It is hereby notified that the the following person is appointed as a Registration Officer under Division 1 of the Cat Act 2011— Genevieve Angel The following person is appointed as a Registration Officer under Part III of the Dog Act 1976— Genevieve Angel DAVID PENTZ, Chief Executive Officer MINERALS AND PETROLEUM MP401 MINING ACT 1978 INSTRUMENT OF EXTENSION OF TERM OF EXEMPTION OF LAND I, Richard John Rogerson, Executive Director, Resource Tenure, pursuant to section 19 of the Mining Act 1978, hereby extend the exemption originally declared on 8 February 2001 and published in the Government Gazette dated 16 February 2001 for that area described hereunder (not being private land or land that is the subject of a mining tenement or an application for a mining tenement) from Divisions 1 to 5 of Part IV of the Mining Act 1978, for a period of two years expiring on 7 February 2021. Locality Burrup Peninsula—West Pilbara Region Description of Land Land designated S19/153 in the TENGRAPH electronic plan of the Department of Mines, Industry Regulation and Safety. A geospatial description is filed in the Department of Mines, Industry Regulation and Safety electronic file number A1069/201801, document ID 6260573. Area of Land Approximately 46604 hectares. ———— Dated at Perth this 21st day of January 2019. RICHARD JOHN ROGERSON, Executive Director, Resource Tenure ——————————— MP402 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Leonora WA 6438. 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 payment of rent. BREE AYLING, Warden. ———— To be heard by the Warden at Leonora on 19 March 2019. MT MARGARET MINERAL FIELD Prospecting Licences P 38/4050 Thomas, Vanessa Erica
25 January 2019 GOVERNMENT GAZETTE, WA 207 MP403 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Leonora WA 6438. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are 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. BREE AYLING, Warden. ———— To be heard by the Warden at Leonora on 19 March 2019. MT MARGARET MINERAL FIELD Prospecting Licences P 37/8666 Norregaard, Johannes Stig P 39/5816 Cubbage, Michael Raymond Corad Pty Ltd PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 METROPOLITAN REGION SCHEME Resolution—Clause 27 Lot 1050 Brindabella Parkway, Alkimos City of Wanneroo Amendment 1351/27 File No.: 812-2-30-83 Notice is hereby given that in accordance with Clause 27 of the Metropolitan Region Scheme, the Western Australian Planning Commission (WAPC) resolved on 12 December 2018 to transfer approximately 2.32 ha from the Urban Deferred zone to the Urban zone, as shown on WAPC plan 4.1644. The plan of the Metropolitan Region Scheme amendment may be viewed at the offices of— Western Australian Planning Commission, William Street, Perth J S Battye Library, Level 3 Alexander Library Building, Perth Cultural Centre City of Wanneroo. Documents can also be viewed online at the Department of Planning, Lands and Heritage website www.dplh.wa.gov.au/mrs-amendments. Ms SAM FAGAN, Secretary, Western Australian Planning Commission. ——————————— PL402 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Town of Victoria Park Local Planning Scheme No. 1—Amendment No. 79 Ref: TPS/2205 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 Town of Victoria Park Local Planning Scheme amendment on 9 January 2019 for the purpose of—
- Amending the ‘Use Area’ table for the Special Use Zone and related Footnotes in the following manner— 1.1 Deleting existing Footnote 1; 1.2 Amending the notation to the ‘AA’ (discretionary) land use permissibility for ‘Shop’ from ‘AA’ to ‘AA3,4’;
208 GOVERNMENT GAZETTE, WA 25 January 2019 1.3 Amending the land use permissibility for the uses of ‘Hotel’ and ‘Serviced Apartment’ from ‘X’ prohibited uses to “AA’ (discretionary) uses, with notations 1 and 2 respectfully, as follows— Use Class Use Area Residential R-IC Hotel, Motel, Tavern AA1/X Lodging House, Serviced Apartment X/AA2 1.4 Inserting the following Footnotes 1 to 4, corresponding to notations 1 to 4 to the ‘AA’ (discretionary) uses listed within the ‘Use Area’ table— ‘1. The ‘Discretionary Use’ notation applies only to the use of ‘Hotel’ on Lot 25 (also known as Lot 9525) Victoria Park Drive, Burswood within the Special Use Zone. 2. The ‘Discretionary Use’ notation applies only to the use of ‘Serviced Apartment’ on Lot 25 (also known as Lot 9525) Victoria Park Drive, Burswood within the Special Use Zone. 3. The maximum net leasable area of retail floor space for ‘Shop’ within the Special Use Zone, excluding Lots 9 and 25, shall not exceed 2,000m2. 4. The maximum net leasable area of retail floor space for ‘Shop’ on Lots 9 and 25 within the Special Use Zone shall not exceed a combined area of 2,400m2, with a maximum single tenancy size of 400m2 retail net leasable area.’ 2. Modifying the minimum communal open space requirement for Lot 9 from ‘16 m2’ to ‘Nil’. 3. Modifying the maximum plot ratio requirement for Lot 9 from ‘1.36’ to ‘4’, and for Lot 25 from ‘0.27’ to ‘2.3’. 4. Modifying the minimum site area per dwelling requirement for Lot 9 from ‘100’ to ‘18’, and for Lot 25 from ‘110’ to ‘24’. 5. Modifying the maximum building height requirement for Lot 9 from ‘6’ storeys and ‘21’ metres maximum to ‘24’ storeys and ‘75’ metres maximum; and 6. Modifying the maximum building height requirement for Lot 25 from ‘5’ storeys and ‘17.5’ metres to ‘16’ storeys and ‘51’ metres. 7. Include a notation under the heading ‘Ceding of Land for State Infrastructure Contribution’ as follows— Land required for the future redevelopment of Burswood Station, as identified in the Burswood Lakes Structure Plan, is to be ceded as a State Infrastructure Contribution free of cost to the State of Western Australia prior to development of Lot 25. T. VAUGHAN, Mayor. A. VULETA, Chief Executive Officer. ——————————— PL403 PLANNING AND DEVELOPMENT ACT 2005 APPROVED TOWN PLANNING SCHEME AMENDMENT Town of Victoria Park Town Planning Scheme No. 1—Amendment No. 81 Ref: TPS/2409 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 Town of Victoria Park Town Planning Scheme amendment on 10 January 2019 for the purpose of—
- Delete from Schedule A ‘Supplemental Provisions to the Deemed Provisions’, part (6)(m) of Deemed Clause 61, and renumber accordingly; and
- Delete Schedule D ‘Advertisements requiring Development Approval’ from the Scheme Text. T. VAUGHAN, Mayor. A. VULETA, Chief Executive Officer.
25 January 2019 GOVERNMENT GAZETTE, WA 209 PL404 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Kalamunda Local Planning Scheme No. 3—Amendment No. 95 Ref: TPS/2201 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the Shire of Kalamunda Local Planning Scheme amendment on 18 December 2018 for the purpose of—
- Inserting the following new Additional Use in Schedule 2—Additional Uses— No. Description of Land Additional Use Conditions A 57 782 Welshpool Road East, Wattle Grove Lot 601 Reception Centre The additional use of ‘Reception Centre’ is an ‘A’ use.
- Amending the Scheme Map accordingly. J. GIARDINA, Mayor. R. HARDY, Chief Executive Officer. ——————————— PL405 PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Yalgoo Local Planning Scheme No. 2—Amendment No. 2 Ref: TPS/2245 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the Shire of Yalgoo Local Planning Scheme amendment on 12 October 2018 for the purpose of— (a) Rezoning and reclassifying the land identified as Lot 65 (No. 42) Gibbons Street and Lot 66 (No. 44) Gibbons Street, Yalgoo WA 6635 from ‘Public Purposes’ to ‘Residential (R10)’; and (b) Modifying the Scheme Map accordingly. J. KANNY, President. S. BRENZI, Chief Executive Officer. ——————————— PL406 PLANNING AND DEVELOPMENT ACT 2005 APPROVED DISTRICT PLANNING SCHEME AMENDMENT City of Wanneroo District Planning Scheme No. 2—Amendment No. 160 Ref: TPS/2196 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 Wanneroo District Planning Scheme amendment on 16 November 2018 for the purpose of—
- Amending ‘Schedule 1 (Clause 1.9)—Interpretations: 1. General Definitions’ to insert the definition of Short-Term Accommodation, as follows— ‘Short-term accommodation means temporary accommodation provided either continuously or from time to time with no guest accommodated for periods totalling more than 3 months in any 12 month period.’
- Amending ‘Schedule 1 (Clause 1.9)—Interpretations: 2. Land Use Definitions’ to insert the definition of Holiday Accommodation and Holiday House, as follows— ‘Holiday accommodation means 2 or more dwellings on one lot used to provide short term accommodation for persons other than the owner of the lot.’ ‘Holiday house means a single dwelling on one lot used to provide short term accommodation but does not include a bed and breakfast.’
210 GOVERNMENT GAZETTE, WA 25 January 2019 3. Amending ‘Table 1 (Clause 3.2)—The Zoning Table’ to insert the land use permissibility for Holiday Accommodation and Holiday House as follows— Use Class Residential Mixed Use Business Commercial Civic & Cultural Private Clubs & Recreation General Industrial Service Industrial General Rural Rural Resource Special Rural Special Residential Landscape Enhancement Holiday Accommodation D D D D X D X X D X D D D Holiday House D D D D X D X X D X D D D T. ROBERTS, Mayor. D. SIMMS, Chief Executive Officer. POLICE PO401 ROAD TRAFFIC ACT 1974 ROAD TRAFFIC CODE 2000 AUTHORISED PERSONS Declaration Regulation 272 of the Road Traffic Code—Obedience to Police or Authorised Persons I, Christopher John Dawson, Commissioner of Police, acting pursuant to regulation 271 of the Road Traffic Code 2000 hereby declare that a person who is a “licensed pilot vehicle driver” pursuant to regulation 3 of the Road Traffic Code 2000 is an authorised person for the purposes of regulations 272(1)(a) and 272(1)(d) of the Road Traffic Code 2000—whilst performing their functions in facilitating the safe movement of an oversize vehicle escorted by a licensed pilot vehicle driver. Dated: 23 January 2019. CHRIS DAWSON, Commissioner of Police. ———— Surname First Name State Pilot Licence Number Training Provider Hunuhunu Joseph Junior S T WA 01289 Keen Bros (WA) Pty Ltd 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 R. H. Cook MLA to act temporarily in the office of Premier; Minister for Public Sector Management; State Development, Jobs and Trade; Federal-State Relations in the absence of the Hon M. McGowan MLA for the period 1 to 5 April 2019 (both dates inclusive). M. ANDREWS, A/Director General, Department of the Premier and Cabinet.
25 January 2019 GOVERNMENT GAZETTE, WA 211 DECEASED ESTATES ZX401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Vladimir Elezovic, late of Unit 4, 91 Esplanade, Rockingham, 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 28 August 2017, are required by the trustee, Garry Martin Jakovich of 12 Giardino Place, Munster, Western Australia, to send particulars of their claim to him by 25 February 2019, after which date the trustee may convey or distribute the assets, having regard only to the claims of which he then has notice. ——————————— ZX402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Notice is hereby given that creditors and others, having claims against the estate of the deceased Bernard Jeffery McShane AKA John McShane, formally of 49 Cobblers Street, Falcon WA 6210 are hereby required to send the particulars thereof to the undersigned Executor, c/o Ms T. Hough, PO Box 5145, Falcon WA 6210 on or before 28 February 2019, after which date the estate’s assets will be distributed, having regard only to the claims that have been received. Ms T. HOUGH, Executor. ——————————— ZX403 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 estate of Roy Clement, late of 33 Beach Street, Bicton WA deceased, who died on 1 September 2018, are required by the executor of the estate namely Christiaan Melgeorge Petrus Van Der Merwe to send particulars of their claims to him, c/- Guardian Wills and Probate, PO Box 26 Joondalup DC WA 6919, within one (1) month of the date of publication hereof, after which date the executor may convey or distribute the assets having regard to the claims of which they then have notice. ——————————— ZX404 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the matter of the Estate of Maryon Iris Craig, late of 5 Lemon Grove, Seville Grove in the State of Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the Estate of the deceased, who died on the 11th day of October 2017, are required by the Executor Jeremy John Martlew, to send the particulars of their claim to Messrs Taylor Smart of 1 Regal Place, East Perth in the State of Western Australia, by the 1st day of March 2019, after which date the said Executor may convey or distribute the assets, having regard only to the claims of which he then has had notice. Dated the 21st day of January 2019. PETER A. NEVIN, Taylor Smart.
212 GOVERNMENT GAZETTE, WA 25 January 2019 ZX405 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants John Marshall, late of Castledare Retirement Village, 108 Fern Road, Wilson in the State of Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the deceased, who died on 6 May 2018, are required by the Trustees, David Morgan Lewis of Lewis, Blyth & Hooper of Level 1, 43 Kishorn Road, Applecross in the State of Western Australia and Helen Louise Gordon of 31 John Street, Henley Brook in the State of Western Australia, to send particulars of their claims to them within one month of the publication date of this notice, after which date the Trustees may convey or distribute the assets, having regard only to the claims which they then have notice. ——————————— ZX406 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Estate of Sarah Lee Ameling, late of 4 Turner Street, Highgate, 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 4 September 2018, are requested by the Executor, Murray Noel Thornhill, c/- HHG Legal Group, Level 1, 16 Parliament Place, West Perth, Western Australia to send particulars of their claims to the address stated herein within 30 days of the date of publication of this notice, after which date the personal representatives may convey or distribute the assets having regard only to the claims of which they then have notice. ——————————— ZX407 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the matter of the Estate of Lloyd Stanley Perron, late of Apartment 15, 8 Mounts Bay Road, Crawley, Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the Estate of the deceased, who died on 23 November 2018, are required by the Executors, Ross William Robertson, Laurence Melville Iffla and Jean Heather Perron of care of Iffla Wade, Solicitors, to send particulars of their claim to Iffla Wade of PO Box 7887, Cloisters Square WA 6850, by 26 February 2019, after which date the said Executors may convey or distribute the assets, having regard only to the claims of which they then have had notice. ——————————— ZX408 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 25 February 2019, after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice. Bereczky, Barbara Laguardia (also known as Barbara Laguardia Tabaguera Bereczky), late of 6 Weston Street, Maddington, who died on 20 December 2018 (DE33141847 EM110). Carlton, Victor (also known as Victor Gerald Carlton and Victor John Carlton), late of Juniper Central, PO Box 810, Balcatta, formerly of Kununurra Aged Care Facility, 50 Ivanhoe Road, Kununurra, who died on 2 September 2018 (PM33068058 EM27).
25 January 2019 GOVERNMENT GAZETTE, WA 213 Hawke, Robert Lawrence, late of 9 Kitchener Road, Mullingar, who died on 31 October 2018 (DE33050731 EM313). Hoogland, Gwen, late of Aegis Parkview, 6 Drummond Street, Redcliffe, who died on 14 November 2018 (DE19915989 EM36). Tyers, Shirley Mary, late of James Brown House, 171 Albert Street, Osborne Park, who died on 28 May 2018 (DE19942315 EM32). Wheeler, June Margaret, late of Stirling Ethnic Aged Hostel, 11 Nugent Street, Balcatta, who died on 22 December 2018 (DE33085623 EM23). Widaldjil, Polly (also known as Polly Widalgil), late of Kununurra Aged Care Facility, PO Box 239, Kununurra, who died on 10 April 2018 (PM33121208 EM27). Yates, Ronald William, late of Bethanie Waters Retirement Village, 18 Olivenza Crescent, Port Kennedy, who died on 29 November 2018 (DE33114216 EM17). BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212 ———————————