Shire of York Local Government Property Amendment Local Law 2019

!2019043GG! 1005 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, FRIDAY, 5 APRIL 2019 No. 43 PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT CONTENTS PART 1 Page City of Mandurah Fencing Amendment Local Law 2018 ........................................................ 1017 Magistrates Court Rules Amendment (Inactive Cases) Rules 2019........................................ 1012 National Gas Access (WA) (Act Amendment) Regulations 2019 ............................................. 1009 National Gas Access (WA) Adoption of Amendments Order 2019........................................... 1007 Sentence Administration (Community Corrections Centres) Amendment Notice 2019 ........ 1011 Shire of York Local Government Property Amendment Local Law 2019 ............................... 1019 Young Offenders (Departmental Facilities) Amendment Order 2019 ..................................... 1011 Young Offenders (Departmental Facilities) Order 2019 .......................................................... 1011 ——— PART 2 Conservation .............................................................................................................................. 1026 Deceased Estates ....................................................................................................................... 1035 Fire and Emergency Services .................................................................................................... 1026 Health ......................................................................................................................................... 1027 Heritage ...................................................................................................................................... 1028 Justice......................................................................................................................................... 1028 Local Government ...................................................................................................................... 1028 Marine/Maritime ........................................................................................................................ 1030 Minerals and Petroleum ............................................................................................................ 1030 Planning ..................................................................................................................................... 1033 Premier and Cabinet.................................................................................................................. 1034 Public Notices ............................................................................................................................. 1037 Training ...................................................................................................................................... 1035

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5 April 2019 GOVERNMENT GAZETTE, WA 1007 — PART 1 — ENERGY EN301 National Gas Access (WA) Act 2009 National Gas Access (WA) Adoption of Amendments Order 2019 Made by the Minister under section 7A(2) and (5) of the Act.

1. Citation This order is the National Gas Access (WA) Adoption of Amendments Order 2019.
2. Commencement This order comes into operation as follows — (a) clauses 1 and 2 — on the day on which this order is published in the Gazette; (b) the rest of the order — on the day after that day.
3. Amendments declared to be relevant to WA (1) In this clause — 2018 SA Schedule amendment means an amendment to the Schedule to the National Gas (South Australia) Act 2008 (South Australia) made by the amending Act; amending Act means the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018 (South Australia); WA text means the Western Australian National Gas Access Law text as defined in section 7(2) of the Act. (2) It is declared under section 7A(2) of the Act that each 2018 SA Schedule amendment is relevant to the WA text. (3) For the purposes of section 7A(5) of the Act, the day on which this clause comes into operation is specified in relation to each 2018 SA Schedule amendment.

1008 GOVERNMENT GAZETTE, WA 5 April 2019 (4) For the purposes of subclause (2), when section 13 of the amending Act is applied to the WA text — (a) in subsection (1) the words “Section 2(1),” are taken to read: Section 2, (b) in subsection (1) in the note the words “section 2(1)” are taken to read: section 2 (c) in subsection (2) the words “Section 2(1)—after” are taken to read: Section 2—after (5) For the purposes of subclause (2), when section 18 of the amending Act is applied to the WA text, the words “After section 294C” are taken to read: After section 294 (6) For the purposes of subclause (2), when section 20(1) of the amending Act is applied to the WA text, the words “clause 34— after” are taken to read: clause 34(1)—after (7) For the purposes of subclause (2), when section 21 of the amending Act is applied to the WA text, the words “Schedule 3—after Part 16” are taken to read: Schedule 3—after Part 10 W. JOHNSTON, Minister for Energy. ———————————

5 April 2019 GOVERNMENT GAZETTE, WA 1009 EN302 National Gas Access (WA) Act 2009 National Gas Access (WA) (Act Amendment) Regulations 2019 Made by the Lieutenant-Governor and Administrator in Executive Council.

1. Citation These regulations are the National Gas Access (WA) (Act Amendment) Regulations 2019.
2. 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 — on the day on which the National Gas Access (WA) Adoption of Amendments Order 2019 clause 3 comes into operation.
3. Schedule 1 of the Act amended These regulations amend the National Gas Access (WA) Act 2009 Schedule 1.
4. Clause 3 amended (1) In clause 3(2) in the inserted definition of initial National Gas Rules: (a) in paragraph (b) delete “2994);” and insert: 2994); and (b) after paragraph (b) insert: (c) the National Gas (Binding Rate of Return Instrument) Amendment Rule 2019 made by the Minister for Energy and Mining of South Australia under the National Gas (South Australia) Law section 294CA (notice of which was published in the Government Gazette of South Australia on 7 February 2019 at p. 404); (2) Delete clause 3(5).

1010 GOVERNMENT GAZETTE, WA 5 April 2019 5. Clause 7A inserted After clause 7 insert: 7A. Section 30R deleted Delete section 30R. 6. Clause 17A inserted After clause 17 insert: 17A. Schedule 2 clause 51 modified In Schedule 2 clause 51(3) delete the definition of statutory instrument and insert: statutory instrument includes the Regulations, the rate of return instrument or the Rules. 7. Clause 18 amended After clause 18(2) insert: (3) In Schedule 3 clause 95 insert in alphabetical order: commencement means the coming into operation of the National Gas Access (WA) Adoption of Amendments Order 2019 clause 3; (4) In Schedule 3 clause 96(1)(a) delete “commencement of this clause;” and insert: commencement; (5) In Schedule 3 clause 97(1) delete “commencement of this clause—” and insert: commencement— (6) In Schedule 3 clause 98(3) delete the definitions of amended Law and commencement and insert: amended Law means this Law as amended and modified by virtue of the National Gas Access (WA) Adoption of Amendments Order 2019 and the National Gas Access (WA) (Act Amendment) Regulations 2019. R. NEILSON, Clerk of the Executive Council.

5 April 2019 GOVERNMENT GAZETTE, WA 1011 JUSTICE JU301 SENTENCE ADMINISTRATION ACT 2003 SENTENCE ADMINISTRATION (COMMUNITY CORRECTIONS CENTRES) AMENDMENT NOTICE 2019 Made by the Minister under section 84 of the Act.

1. Citation This notice is the Sentence Administration (Community Corrections Centres) Notice 2019.
2. Commencement This notice comes into operation as follows— (a) clauses 1 and 2—on the day on which this notice is published in the Gazette; (b) the rest of the notice—on the day after that day.
3. Notice amended This notice amends the Sentence Administration (Community Corrections Centres) Notice 2008.
4. Clause 2 amended In clause 2 Table 2 delete the item for South Hedland Regional Youth Justice Services, Unit 18-21, 1 Lawson Street. F. LOGAN, Minister for Corrective Services. ——————————— JU302 YOUNG OFFENDERS ACT 1994 YOUNG OFFENDERS (DEPARTMENTAL FACILITIES) AMENDMENT ORDER 2019 Made by the Minister under section 12 of the Act.
5. Citation This order is the Young Offenders (Departmental Facilities) Amendment Order 2019.
6. 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 the day after that day.
7. Order amended This order amends the Young Offenders (Departmental Facilities) Order (No. 2)
9. Clause 3 amended Delete clause 3(f). F. LOGAN, Minister for Corrective Services. ——————————— JU303 YOUNG OFFENDERS ACT 1994 YOUNG OFFENDERS (DEPARTMENTAL FACILITIES) ORDER 2019 Made by the Minister under section 12 of the Act.
10. Citation This order is the Young Offenders (Departmental Facilities) Order 2019.
11. 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 the day after that day.

1012 GOVERNMENT GAZETTE, WA 5 April 2019 3. Departmental facilities declared The facilities at the following locations are declared to be Departmental facilities— (a) Northam Youth Justice Services at McIver House, 297 Fitzgerald Street, Northam, 6401; (b) South Hedland Youth Justice Services at 22 Hamilton Street, South Hedland, 6722. F. LOGAN, Minister for Corrective Services. ——————————— JU304 Magistrates Court (Civil Proceedings) Act 2004 Magistrates Court Rules Amendment (Inactive Cases) Rules 2019 Made by the Magistrates Court in accordance with the Magistrates Court Act 2004 section 39. Part 1 — Preliminary

1. Citation These rules are the Magistrates Court Rules Amendment (Inactive Cases) Rules 2019.
2. Commencement These rules come into operation as follows — (a) Part 1 — on the day on which these rules are published in the Gazette; (b) the rest of the rules — on the day after that day. Part 2 — Magistrates Court (Civil Proceedings) Rules 2005 amended
3. Rules amended This Part amends the Magistrates Court (Civil Proceedings) Rules 2005.
4. Part 16A heading replaced Delete the heading to Part 16A and insert: Part 16A — Inactive cases

5 April 2019 GOVERNMENT GAZETTE, WA 1013 5. Rule 95A replaced Delete rule 95A and insert: 95A. Term used: inactive case In this Part — inactive case means a case that is taken to be inactive under rule 95B. 6. Rule 95B amended Delete rule 95B(4). 7. Rule 95C replaced Delete rule 95C and insert: 95C. Notification of inactive case (1) When a case becomes an inactive case, the Court is to give all parties to the case written notice of — (a) the fact that the case has become an inactive case and why; and (b) the effect of rule 95D. (2) If a lawyer representing a party receives a notice under subrule (1), the lawyer is to notify the party as soon as practicable of — (a) the fact that the case has become an inactive case and why; and (b) the effect of rule 95D. 8. Rule 95D amended In rule 95D delete “a case on the Inactive Cases List” and insert: an inactive case Note: The heading to amended rule 95D is to read: Consequences of case becoming an inactive case 9. Rules 95E and 95F replaced Delete rules 95E and 95F and insert: 95E. Cases no longer taken to be inactive (1) A party to an inactive case may apply to the Court for an order that the case is no longer taken to be inactive.

1014 GOVERNMENT GAZETTE, WA 5 April 2019 (2) The Court may order that an inactive case is no longer taken to be inactive — (a) if it is satisfied that the case will be conducted in a timely way; or (b) for any other good reason. (3) When the Court orders that an inactive case is no longer taken to be inactive, it may make further orders for the conduct of the case in a timely way. 95F. Certain inactive cases taken to be dismissed (1) A case that is an inactive case for 6 continuous months is taken to be dismissed. (2) If no procedural step is taken in the 6 months after the Court orders that an inactive case is no longer taken to be inactive, the case is taken to be dismissed. (3) If a case is taken to have been dismissed under subrule (1) or (2) — (a) a party to the case may apply for an order for costs; and (b) the Court may make an order for costs. (4) The Court may, in exceptional circumstances and on such terms as it thinks just, set aside the dismissal of a case under this rule. (5) For the purposes of subrule (4), it does not matter that the case was taken to be dismissed before the commencement of that subrule. Part 3 — Magistrates Court (Minor Cases Procedure) Rules 2005 amended 10. Rules amended This Part amends the Magistrates Court (Minor Cases Procedure) Rules 2005. 11. Part 10A heading replaced Delete the heading to Part 10A and insert: Part 10A — Inactive cases

5 April 2019 GOVERNMENT GAZETTE, WA 1015 12. Rule 45A replaced Delete rule 45A and insert: 45A. Term used: inactive case In this Part — inactive case means a case that has become inactive under rule 45B. 13. Rule 45B amended Delete rule 45B(4). 14. Rule 45C replaced Delete rule 45C and insert: 45C. Notification of inactive cases (1) If your case becomes an inactive case, the Court is to give you and all the other parties to the case written notice of — (a) the fact that the case has become an inactive case and why; and (b) the effect of rule 45D. (2) If an agent representing a party to a case receives a notice under subrule (1), the agent is to notify the party as soon as practicable of — (a) the fact that the case has become an inactive case and why; and (b) the effect of rule 45D. 15. Rule 45D amended In rule 45D delete “on the Inactive Cases List,” and insert: an inactive case, Note: The heading to amended rule 45D is to read: Consequences of case becoming an inactive case

1016 GOVERNMENT GAZETTE, WA 5 April 2019 16. Rules 45E and 45F replaced Delete rules 45E and 45F and insert: 45E. Cases no longer taken to be inactive (1) If your case is an inactive case, you may apply to the Court for an order that the case is no longer taken to be inactive. (2) The Court may order that an inactive case is no longer taken to be inactive — (a) if it is satisfied that the case will be conducted in a timely way; or (b) for any other good reason. (3) When the Court orders that your case is no longer taken to be inactive, it may make further orders for the conduct of the case in a timely way. 45F. Dismissal of inactive cases (1) If your case remains an inactive case for 6 continuous months, it is taken to be dismissed. (2) If the Court orders that your case is no longer taken to be inactive and neither you nor any other party to the case takes any procedural step in the case in the 6 months after the date of the order, your case is taken to be dismissed. (3) If your case is taken to be dismissed under subrule (1) or (2) — (a) you or any other party to the case may apply for an order for costs; and (b) the Court may make an order for costs. (4) The Court may, in exceptional circumstances and on such terms as it thinks just, set aside the dismissal of your case under this rule. (5) For the purposes of subrule (4), it does not matter that your case was taken to be dismissed before the commencement of that subrule. STEVEN HEATH, Chief Magistrate, Magistrates Court in Perth. Dated: 1 April 2019. ———————————

5 April 2019 GOVERNMENT GAZETTE, WA 1017 LOCAL GOVERNMENT LG301 LOCAL GOVERNMENT ACT 1995 City of Mandurah FENCING AMENDMENT LOCAL LAW 2018 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Mandurah resolved on 26 March 2019 to make the following local law.

1. Citation This local law may be cited as the City of Mandurah Fencing Amendment Local Law 2018.
2. Commencement The local law comes into operation 14 days after the date of its publication in the Government Gazette.
3. Principal Local Law This local law amends the City of Mandurah Fencing Local Law 2015 as published in Government Gazette No. 107 on 14 July 2015 and as amended in Government Gazette No. 37 on 8 March 2016.
4. Clause 1.2 amended In clause 1.2— (a) insert— building line is the parallel line to the boundary that abuts a street or canal that is the minimum setback specified in the zoning table of the Residential Design Codes or town planning scheme; (b) in the definition for dangerous delete “7.1” and replace with “8.1”; (c) In the definition for height; i. delete (a) and insert— “(a) the ground level immediately below that point; or”; ii. delete (c) and insert— “(c) where the fence is erected on a retaining wall approved by the local government, or on a retaining wall that is exempt for needing approval by the local government, from the top of the retaining wall;”.
5. Clause 2.1 amended In clause 2.1— (a) delete clause 2.1(3)(a) and insert— (a) on a Residential Lot of R10 or higher density, and Commercial Lots, is a fence constructed and maintained in accordance with the specifications and requirements of Schedule 1 and is located behind the specified building line; (b) delete clause 2.1(3)(c) and insert— (c) on a Rural, Rural Residential Lot or a Residential Lot of R5 or lower density is a fence constructed and maintained in accordance with the specifications and requirements of Schedule 3. (c) delete clause 2.1(4)(b) and insert— (b) a Residential Lot with a density of R10 or higher and a Residential Lot of R5 or lower, a Rural Lot or a Rural Residential Lot, a sufficient fence is a fence constructed and maintained in accordance with the specifications and requirements of Schedule 1.
6. Clause 3.1 amended In clause 3.1— (a) in subclause 3.1(1) delete “On a Residential Lot a fence erected within the primary street setback area shall;” and insert— On any Residential Lot with a density of R10 or higher, a fence erected within the primary street setback area shall; (b) delete clause 3.1(1)(b) and insert— (b) not exceed a height of 1.8 metres except that piers with a maximum dimension of 350x350mm may extend to a maximum height of 2.1 metres; and;

1018 GOVERNMENT GAZETTE, WA 5 April 2019 (c) insert new subclause— 3.1(1A) On any Residential Lot with a density of R5 or lower shall comply with Schedule 3. 7. Clause 4.3 amended In clause 4.3 delete clause 4.3(4) and insert— “4.3(4) (a) on a Rural Lot a person may erect or affix to any fence any barbed wire; and (b) if the fence is located adjacent to a thoroughfare or other public space then the barbed wire must be fixed to the side of the fence posts furthest from the thoroughfare or other public space”. 8. Clause 4.5 amended Delete clause 4.5 and insert— “4.5 Gates in fences Any gate or door must not encroach into or over any other property including a thoroughfare or other public space.” 9. Part 5 amended In Part 5— (a) Insert new part— PART 5—CANAL WALLS 5.1 Fences between a Canal Wall and the Building Line On any Residential property that abuts a canal, a fence that is to be located between the canal wall and the building line on the property shall— (a) not exceed a height of 1.2 metres; (b) be setback behind the developer installed footpath behind the canal wall or 1.2 metres where there is no footpath; (c) be constructed of face finished brick or stone or powder coated or stainless tubular metal or stainless steel wire with appropriate corrosion protection, glass or a combination of the aforementioned materials, or similar, that complement the dwelling and do not detract from the amenity of the canal waterway. Fibre cement sheet, sheet metal, treated timber and brushwood are not considered suitable; (d) be 80% visually permeable; (e) not compromise the structural integrity of the canal wall. (b) Renumber the remaining parts and clauses accordingly. 10. Clause 8.1 amended In clause 8.1— (a) in subclause 8.1(c) delete “and”; (b) in subclause 8.1(d) delete “.” and insert “; and”; and (c) insert “(e) on an Industrial Lot, any electrified part of the fence must be located on the property side of the fence, and behind a sufficient fence.”. 11. Clause 9.1 amended In clause 9.1 in subclause 9.1(1) delete “planning” and replace with “a development”. 12. Clause 9.5 amended In subclause 9.5(e) delete “9.1” and replace with “10.1”. 13. Clause 9.6 amended In subclause 9.6(d) delete “9.1” and replace with “10.1”. 14. Schedule 1 amended In Schedule 1— (a) delete the heading and insert— “SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT OF R10 OR HIGHER DENSITY AND A COMMERCIAL LOT BEHIND THE PRIMARY STREET SETBACK”; (b) delete “Each of the following is a sufficient fence on a Residential and Commercial Lot—Refer to clause 3.1 for fences within the primary street setback area.” and insert— “Each of the following is a sufficient fence on a Residential Lot of R10 or higher density and Commercial Lots behind the primary street setback area— (Refer to clause 3.1 for fences within the primary street setback area).”;

5 April 2019 GOVERNMENT GAZETTE, WA 1019 (c) delete paragraph (a)(i) and insert— “(a)(i) a minimum height of 1.6 metres and a maximum height of 2.0 metres;” (d) delete paragraph (b)(i) and insert— “(b)(i) a minimum height of 1.6 metres and a maximum height of 2.0 metres;” (e) delete paragraph (c)(i) and insert— “(c)(i) a minimum height of 1.6 metres and a maximum height of 2.0 metres;”; (f) delete paragraph (d)(i) and insert— “(d)(i) a minimum height of 1.6 metres and maximum height of 2.0 metres;”. 15. Schedule 3 amended In Schedule 3— (a) delete the heading and replace with: “SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT, RURAL RESIDENTIAL LOT OR RESIDENTIAL LOT ZONED R5 OR LOWER DENSITY”. (b) delete “each of the following is a sufficient fence on a Rural Lot and Rural Residential Lot—” and insert— “Each of the following is a sufficient fence on a Rural Lot, Rural Residential Lot or Residential Lot zoned R5 or lower density:”; (c) delete paragraph (a)(i) and insert— “(a)(i) have a minimum height of 1.0 metre and a maximum height of 1.4 metres”; (d) delete paragraph (b)(i) and insert— “(b)(i) have a minimum height of 1.0 metre and a maximum height of 1.4 metres;”. 16. Schedule 4 amended In Schedule 4 delete reference to “5.1” and replace with “6.1”. 17. Schedule 5 amended Schedule 5 amended— (a) delete “9.2” and replace with “10.2”; (b) delete “6.1” and replace with “7.1”; (c) delete “8.1(2)” and replace with “9.1(2)”; and (d) delete “9.3” and replace with “10.3”. 18. Terms used throughout the principal local law Wherever the abbreviation “m” is used substitute with “ metre” or “ metres” as appropriate. ———— Dated: 29 March 2019. The Common Seal of the City of Mandurah was affixed by authority of a resolution of the Council in the presence of— RHYS JOHN WILLIAMS, Mayor. MARK ROBERT NEWMAN, Chief Executive Officer. ——————————— LG302 LOCAL GOVERNMENT ACT 1995 Shire of York LOCAL GOVERNMENT PROPERTY AMENDMENT LOCAL LAW 2019 Under the powers conferred by the Local Government Act 1995 and by all other powers enabling it, the Council of the Shire of York resolved on 25 March 2019 to repeal the Local Government Property Amendment Local Law 2012 and make the following local law.

1. Citation This local law is cited as the Shire of York Local Government Property Amendment Local Law 2019.

1020 GOVERNMENT GAZETTE, WA 5 April 2019 2. Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 3. Principal Local Law This local law amends the Shire of York Local Government Property Local Law as published in the Government Gazette on 17 January 2001 and as amended in the Government Gazette on 1 May 2012. 4. Part 1 Clause 1.2 amended (1) Delete the definitions “boat” and “Regulations”. (2) Insert, in the appropriate alphabetical order the following— “Code” means the Code of Practice for the Design, Operation, Management and Maintenance of Aquatic Facilities, as published by the Executive Director Public Health, from time to time, pursuant to the provisions of section 344A (2) of the Health Act; “closely related adult” means a parent, grandparent, brother, sister, uncle or aunt; “costs” of the local government include its administrative costs; “General Regulations” means the Local Government (Functions and General) Regulations 1996; “Health Act (Miscellaneous Provisions) Act 1911” means the Health Act 1911, as amended; “local public notice” has the same meaning as in section 1.7 of the Act; and “nuisance” means— (a) any thing, condition, circumstance, or state of affairs which is injurious or dangerous to the health of a reasonable person, or which has a disturbing effect on the state of reasonable physical, mental or social well-being of a person; (b) any thing a person does or permits or causes to be done which interferes with or is likely to interfere with the enjoyment or safe use by another person of any public place; and (c) any thing a person does on public or private land which detracts from or interferes with the enjoyment or value of lands owned by another person; (3) Amend the definition “vehicle”— (a) delete paragraph (e); (b) in paragraph (c), insert “and” after the semicolon; and (c) in paragraph (d) delete “; and” and substitute “.”. 5. Part 1 Clause 1.4 amended In clause 1.4 delete subclause (2). 6. Part 1 New Clause 1.6 1.6 After clause 1.5 insert Overriding power to hire or agree Despite anything to the contrary in this local law, the local government may— (a) hire local government property to any person; or (b) enter into an agreement with any person regarding the use of any local government property. 7. Part 2 Clause 2.7(1) amended Delete paragraphs (e), (f) and (j). 8. Part 2 Clause 2.8 amended (1) In subclause (1)— (a) delete paragraphs (e) and (h); (b) renumber existing paragraphs (f) and (g) to (e) and (f) respectively and (c) insert new paragraph (g)— (g) bring, ride or drive an animal. (2) Delete subclause (3). 9. Part 3 Clause 3.2(5) amended After “(2)”, insert “or where the requirements of subclause (3) or (4) have not been satisfied.”

5 April 2019 GOVERNMENT GAZETTE, WA 1021 10. Part 3 Clause 3.3 amended After subclause (3) insert— (4) The local government may, at any time, amend a condition of approval and the amended condition takes effect when written notice of it is given to the permit holder. 11. Part 3 Clause 3.6 amended (1) Delete “and variation of” from the clause heading. (2) In subclause (1) delete the number “(1)”. (3) Delete subclause (2). 12. Part 3 Clause 3.9 amended In subclause (2), delete “mutatis mutandis” and substitute “as though it were an application for a permit”. 13. Part 3 Clause 3.12(1) amended Delete “9” and substitute “7”. 14. Part 3 Clause 3.13(1) amended After clause 3.13(1)(o) insert— (p) deposit or store any thing on local government property; (q) conduct or take part in any gambling game, context or bet, or offer to bet, publicly; or (r) erect, install, operate or use any broadcasting, public address system, loud speaker or other device for the amplification of sound on local government property. 15. Part 4 Clause 4.1 amended (1) In paragraph (a) insert “interferes with or” before “is”. (2) Delete paragraph (b) and insert— (b) causes or is likely to cause a disturbance to nearby residents; or (c) creates a nuisance. 16. Clause 4.4 amended (1) Designate existing paragraph as “(1)”. (2) Insert— (2) A person found in contravention of subclause (1) may be removed from local government property by an authorised person or a member of the Police service. 17. Part 4 New Clause 4.6 (1) Insert, in the appropriate alphabetical order— 4.6 Refusal of entry to local government property (1) An authorised person may refuse to allow entry, or suspend admission, to any local government property by any person who he or she believes has behaved in a manner contrary to the provisions of this Part. (2) This refusal or suspension can be for any period of up to 12 months as decided by that authorised person. (3) A decision made under this clause is a decision to which clause 7.1 applies. 18. Part 5 Clause 5.1 amended (1) In subclause (1) delete “, may direct to leave or shall remove or cause to be removed from”. (2) In subclause (1)(a), delete subparagraph (i) and substitute the following— (i) under the minimum age of that specified in the Code and who is unaccompanied by a responsible person over the age of that specified in the Code; or (ii) under the minimum age of that specified in the Code and who is accompanied by a responsible person over the age of that specified in the Code where the responsible person is incapable of, or not providing, adequate supervision of, or care, for that person; (3) Insert new subclause (2)— (2) If a person referred to in paragraph (a) or (b) of subclause (1) is in a pool area, a Manager or an authorised person must— (a) direct the person to leave; and (b) if the person refuses to leave or fails to leave, remove the person or arrange for the person to be removed, from the pool area.

1022 GOVERNMENT GAZETTE, WA 5 April 2019 19. Part 5 New Clause 5.2 Insert in the appropriate numerical order new clause 5.2— 5.2 Consumption of food or drink may be prohibited A person must not consume any food or drink in an area where consumption is prohibited by a sign. 20. Part 5 Clause 5.3 amended Delete Clause 5.3 and replace with— 5.3 (1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or change room is to be used by— (a) females, then a person of the male gender shall not use that entry of the toilet block or change room; (b) males, then a person of the female gender shall not use that entry of the toilet block or change room; or (c) families, then where the toilet block or change room is being used by a family, only an immediate member of that family may use that entry of the toilet block or change room. (2) Paragraphs (a) and (b) of subclause (1) do not apply to a child under the age of 7 years that is accompanied by a closely related adult, or care giver, of the gender specified on the particular entry of the toilet block or change room as the gender that may use that entry of the toilet block or change room. 21. Part 5 New Clause 5.5 Insert in the appropriate numerical order new clause 5.5— 5.5 Use of shower facilities A person may use a shower facility in change rooms on condition that— (a) the facilities must be used by the person only for the purposes of cleansing and washing themselves; (b) use of the facilities must be restricted to a maximum period of 15 minutes, or such lesser time as required by an attendant; and (c) the facilities must not be used for the purposes of laundering or washing any clothing or other articles. 22. Part 5 Division 4 amended Delete Division 4 and substitute— Division 4—Aerodrome (Airports) 5.6 Access of animals restricted (1) Subject to section 8 of the Dog Act 1976 and section 66J of the Equal Opportunity Act 1984, a person shall not bring an animal on to an aerodrome unless— (a) the animal is being air freighted from the aerodrome; (b) the animal has been air freighted to the aerodrome; or (c) the person is authorised to do so by the local government. (2) A person in charge of an animal shall keep the animal under control and shall not allow it to wander at large on the aerodrome. (3) If an animal is at any time on an aerodrome in contravention of subclause (2), in addition to the person specified in that subclause, the owner of the animal at that time commits an offence against subclause (2). 23. Part 7 deleted Delete Part 7. 24. Part 8 deleted Delete Part 8. 25. Part 9 amended (1) In the heading, delete “APPEALS” and insert “REVIEW”. (2) Delete clause 9.1 and insert— Division 1 of Part 9 of the Act applies to a decision of the local government, under this local law, as to whether it will— (a) grant a person a permit or consent under this local law; or (b) renew, vary, or cancel a permit or consent that a person has under this local law. 26. Clause 10.4 amended Delete subclause (2).

5 April 2019 GOVERNMENT GAZETTE, WA 1023 27. Schedule 1 amended Delete Schedule 1 and substitute the following— Schedule 1—Prescribed Offences Item Clause Description Modified Penalty $ 1 2.4 Failure to comply with determination 125 2 3.6 Failure to comply with conditions of permit 125 3 3.13(1) Failure to obtain a permit 125 4 3.14(3) Failure to obtain permit to camp outside a facility 125 5 3.15(1) Failure to obtain permit for liquor 125 6 3.16 Failure of permit holder to comply with responsibilities 125 7 4.2(1) Behaviour detrimental to property 350 8 4.4 Under influence of liquor or prohibited drug 125 9 4.7(2) Failure to comply with sign on local government property 125 10 5.3 Unauthorised entry to fenced or closed local government property 125 11 5.4 Enter toilet block or change room facility of opposite gender 125 12 6.1(1) Unauthorised entry to function on local government property 125 13 9.1 Failure to comply with notice 250 14 All other offences not specified 125 28. Schedule 2 New Part 2 After Part 1, insert— PART 2—APPLICATION 2.1 Animals on local government property (1) Unless authorised by a written law, or by a permit, a person must not— (a) tether any animal to— (i) a tree, shrub, tree guard, or (ii) a wall or fence, unless it is an approved tethering point so indicated by a sign; or (b) permit any animal to enter into any local government property. (2) Subclause (1) does not apply to a guide dog used for the assistance of visually impaired persons. 2.2 Vehicles on local government property (1) Unless authorised by a permit, a person must not take or cause a vehicle to be taken onto or drive on local government property unless— (a) subject to subclause (3), the local government property is clearly designated as a road, access way or car park; (b) the vehicle is driven by a local government employee, authorised person or contractor engaged by the local government, who is engaged in— (i) providing a service or making a delivery in connection with the local government property; or (ii) maintaining the local government property; (c) the person is driving an emergency vehicle in the course of his or her duties; or (d) the vehicle is a motorised wheel chair, and the driver of that vehicle is a disabled person. (2) A person must not drive a vehicle or allow a vehicle to be driven on local government property at a speed exceeding 10 kilometres per hour, or in such a manner as to cause danger, inconvenience or annoyance to any person. (3) Other than in accordance with paragraphs (b), (c) or (d) of subclause (1), a person must not drive a vehicle on local government property or part of it that is being used for a function for which a permit has been obtained unless permitted to do so by the permit holder or an authorised person.

1024 GOVERNMENT GAZETTE, WA 5 April 2019 2.3 Activities prohibited on local government property (1) A person must not play or practise archery, pistol or rifle shooting on local government property except on land which is reserved by the local government for that purpose, or as otherwise provided by a permit. (2) A person must not, on any local government property, use or ride a bicycle or wheeled recreational device, or skateboard— (a) inside or on the curtilage to, a building; (b) in a pool area. 2.4 Deposit of refuse, rubbish or liquid waste A person must not, on local government property deposit or discard refuse, rubbish or liquid waste, except in a place or receptacle set aside by the local government for that purpose and subject to any conditions that may be specified on the receptacle or a sign in relation to the type of waste that may be deposited or other conditions. 29. Schedule 3 deleted Delete Schedule 3. 30. Various references to Liquor Licensing Act amended Amend the provisions listed in the Table as set out in the Table. Part Division Clause Delete Insert 1 1.2 Liquor Licensing Act 1988 “Liquor Control Act 1988” 3 3.4(2)(h) Liquor Licensing Act 1988 “Liquor Control Act 1988” 3 3.15(1)(a) Liquor Licensing Act 1988 “Liquor Control Act 1988” 3 3.16(d) Liquor Licensing Act 1988 “Liquor Control Act 1988” 31. Redesignation of Parts, Divisions and clauses (1) In clause 2.7, paragraphs “(g)” to “(i)” are redesignated “(e)” to “(g)”. (2) In clause 2.8(1), paragraphs “(f)” to “(g)” are redesignated “(e)” to “(f)”. (3) Clause “4.6” is redesignated “4.7”. (4) In clause 5.1(a) subparagraphs “(ii)” to “(iii)” are redesignated “(iii)” to “(iv)”. (5) Clauses “5.2” to “5.3” are redesignated “5.3” to “5.4”. (6) “Part 9” is redesignated “Part 7”. (7) Clause “9.1” is redesignated “7.1”. (8) “Part 10” is redesignated “Part 8”. (9) Clauses “10.1” to “10.4” are redesignated “8.1” to “8.4”. (10) In clause 10.4, subclause “(3)” is redesignated “(2)”. (11) “Part 11” is redesignated “Part 9”. (12) Clauses “11.1” to “11.6” are redesignated “9.1” to “9.6”. 32. Table of Contents amended The Table of Contents is amended as follows— (1) After designation 1.5, insert “1.6 Overriding power to hire or agree”. (2) Amend designation 3.6 by deleting “and variation of”. (3) After designation 4.5, insert “4.6 Refusal of entry to local government property”. (4) Designation “4.6” is redesignated “4.7”. (5) After designation 5.1 insert “5.2 Consumption of food or drink may be prohibited”. (6) Designations “5.2” to “5.3” are redesignated “5.3” to “5.4”. (7) In Part 5, delete all of Division 4 and substitute— Division 4—Aerodrome (airport) 5.6 Access of animals restricted (8) Delete all of Part 7. (9) Delete all of Part 8. (10) Parts “9” to “11” are redesignated “7” to “9”. (11) Designation “9.1” is redesignated “7.1”. (12) Designations “10.1” to “10.4” are redesignated “8.1” to “8.4”.

5 April 2019 GOVERNMENT GAZETTE, WA 1025 (13) Designations “11.1” to “11.6” are redesignated “9.1” to “9.6”. (14) Delete “SCHEDULE 3—GOLF COURSE RESERVE”. ———— Dated: 25 March 2019. The Common Seal of the Shire of York was affixed by the authority of a resolution of the Council in the presence of— D. WALLACE, Shire President. P. MARTIN, Chief Executive Officer. ———————————

1026 GOVERNMENT GAZETTE, WA 5 April 2019 — PART 2 — CONSERVATION CO401 CONSERVATION AND LAND MANAGEMENT ACT 1984 PROPOSED NIIWALARRA ISLANDS (SIR GRAHAM MOORE ISLANDS) NATIONAL PARK AND LESUEUR ISLAND NATURE RESERVE DRAFT JOINT MANAGEMENT PLAN 2019

1. Notice is hereby given that the Proposed Niiwalarra Islands (Sir Graham Moore Islands) National Park and Lesueur Island Nature Reserve Draft Joint Management Plan 2019 (the plan) is available for public comment.
2. The plan was prepared in accordance with Part V of the Conservation and Land Management Act 1984. The plan is for the Niiwalarra islands; comprising Niiwalarra Island (Sir Graham Moore Island), Neawangu Island (Scorpion Island), Kim Island and Geranium islands; and Lesueur Island.
3. The plan may be viewed and downloaded from the Department of Biodiversity, Conservation and Attraction website at: www.dbca.wa.gov.au/haveyoursay
4. Submissions can be made online via the above website, or written submissions can be sent to— Plan Coordinator—Niiwalarra Islands National Park and Lesueur Island Nature Reserve Department of Biodiversity, Conservation and Attractions Parks and Wildlife Service, Planning Unit Locked Bag 104 Bentley Delivery Centre WA 6983
5. The closing date for public submissions is Wednesday 5 June 2019. MARION FULKER, Chair, Conservation and Parks Commission. MARK WEBB, Director General, Department of Biodiversity, Conservation and Attractions. FLOYD GRANT, Chair, Balanggarra Aboriginal Corporation. FIRE AND EMERGENCY SERVICES FE401 BUSH FIRES ACT 1954 Shire of Mt Marshall APPOINTMENTS Correspondence No. 06870 Department of Fire and Emergency Services. The following persons have been appointed as Fire Weather Officers for the Shire of Mt Marshall in accordance with the Bush Fires Act 1954— NORTH ZONE (That portion of the Shire north of the northern boundary of Burakin-Wialki Road and Wialki North East Road) Garry Huckstep—Fire Weather Officer Damian Tomas—Deputy Fire Weather Officer Jack Walker—Deputy Fire Weather Officer SOUTH ZONE (The remainder of the Shire after the exclusion of the North Zone described above) Damian Tomas—Fire Weather Officer Garry Huckstep—Deputy Fire Weather Officer Jack Walker—Deputy Fire Weather Officer DARREN KLEMM AFSM, FES Commissioner. Dated: 28 March 2019.

5 April 2019 GOVERNMENT GAZETTE, WA 1027 HEALTH HE401 MENTAL HEALTH ACT 2014 MENTAL HEALTH (AUTHORISED MENTAL HEALTH PRACTITIONERS) REVOCATION ORDER (NO. 3) 2019 Made by the Chief Psychiatrist under section 539 of the Mental Health Act 2014.

1. Citation This Order may be cited as the Mental Health (Authorised Mental Health Practitioners) Revocation Order (No. 3) 2019.
2. Commencement This Order comes into operation as follows— (a) clauses 1 and 2—on the day on which this order is published in the Gazette; (b) clause 3—on the day after that day.
3. Revocation of designation The designation, as an authorised mental health practitioner of the mental health practitioners specified in Schedule 1 to this order is revoked. Schedule 1 Name Profession Andrus, Philip Registered Nurse Collison, Diane Carol Registered Nurse Patterson, Karen Anne Registered Nurse Reid, Millicent Eve Registered Nurse Chalmers, Margaret Registered Nurse Dr NATHAN GIBSON, Chief Psychiatrist. Dated: 1 April 2019. ——————————— HE402 MENTAL HEALTH ACT 2014 MENTAL HEALTH (AUTHORISED MENTAL HEALTH PRACTITIONERS) ORDER (NO. 3) 2019 Made by the Chief Psychiatrist under section 539 of the Mental Health Act 2014.
4. Citation This order may be cited as the Mental Health (Authorised Mental Health Practitioners) Order (No. 3)
6. 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) clause 3—on the day after that day.
7. Authorised Mental Health Practitioner The mental health practitioners specified in Schedule 1 to this order are designated as Authorised Mental Health Practitioners. Schedule 1 Name Profession Douglas, Millicent Eve Registered Nurse Burton, Thomas Michael Registered Nurse Dr NATHAN GIBSON, Chief Psychiatrist. Dated: 1 April 2019.

1028 GOVERNMENT GAZETTE, WA 5 April 2019 HERITAGE HR401 HERITAGE OF WESTERN AUSTRALIA ACT 1990 ENTRY OF PLACES IN THE REGISTER OF HERITAGE PLACES Amendments to Curtilage of a Permanently Registered Place Intention to amend an entry in the Register of Heritage Places The entry in the Register of Heritage Places (“the Register”) relating to P2117 Old Perth Boys School, Perth located at 139 St Georges Terrace, Perth (“the Place”) is proposed to be amended pursuant to section 54 of Heritage of Western Australia Act 1990 (“the Act”). The reason for the proposed amendment is to increase the registered curtilage of Old Perth Boys School to incorporate the adjoining Perth Technical College, located at 137 St Georges Terrace, Perth, and to change the name of the place from Old Perth Boys School to Old Perth Boys School and Perth Technical College. The amended land description of the Place is: R 38366 comprising Lot 906 on DP 214388 being the whole of the land in CLT V LR3093 F 664, and Lot 946 on DP 185583 being the whole of the land in CLT V LR3093 F 665; and a Ptn of Lot 201 on DP 57173 being part of the land in CT V 2695 F 150; as defined in HC Curtilage Map P2117-1. The Heritage Council invites submissions on the proposal, which must be in writing and should be forwarded to the address below not later than 17 May 2019. VAUGHAN DAVIES, Assistant Director General, Heritage Services, Department of Planning, Lands, and Heritage, Bairds Building, 491 Wellington Street, Perth WA 6000. Dated: 5 April 2019. JUSTICE JU401 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— Mary-Ann Davidson of Dumbleyung MICHAEL JOHNSON, A/Executive Director, Court and Tribunal Services. LOCAL GOVERNMENT LG401 SHIRE OF WESTONIA APPOINTMENTS It is hereby notified for public information that Jameon Criddle, Arthur Price, Jasmine Geier and Kim Friis have been appointed by the Council of the Shire of Westonia as Authorised Officer(s) to enforce the provisions of the following— Section 449 of the Local Government (Miscellaneous Provisions) Act 1960; Section 9.10 of the Local Government Act 1995 for Local Laws; Section 17(1) of the Caravan Parks and Camping Grounds Act 1995; Section 29(1) of the Dog Act 1976 and Regulations; Section 45(1) of the Cat Act 2011 and Regulations; Section 38(1) of the Bush Fires Act 1954 and Regulations; Section 26(1) of the Litter Act 1979; Section 38(3) of the Control of Vehicles (Off-road Areas) Act 1978; and Shire of Westonia Local Laws.

5 April 2019 GOVERNMENT GAZETTE, WA 1029 The following persons have been authorised as Registration Officers in accordance with the Dog Act 1976 and Regulations, Cat Act 2011 and Regulations— Jameon Criddle; Arthur Price; Kay Geier; Jasmine Geier; Stacey Geier; Carol Pomery; and Kim Friis All previous appointments are cancelled. JAMEON CRIDDLE, Chief Executive Officer. Dated: 21 March 2019. ——————————— LG402 SHIRE OF BOYUP BROOK APPOINTMENT It is hereby notified for public information that Calvin Brown has been re-appointed as (Relief/Auxiliary) Ranger of the Shire of Boyup Brook, and authorises Mr Brown to exercise on behalf of the local government the powers conferred on an authorised person by Western Australian Acts and Regulations and Shire of Boyup Brook Local Laws and Regulations as follows—   Bush Fires Act 1954   Local Government (Miscellaneous Provisions) Act 1960, Part XX, Section 449—Pound Keeper and Ranger   Local Government Act 1995, Part 3, Subdivision 3—Powers of entry   Local Government Act 1995, Part 3, Subdivision 4—Impounding abandoned vehicle wrecks and goods involved in certain contraventions   Local Government Act 1995, Part 9, Division 2—Enforcement and legal proceedings   Dog Act 1976, Sections 29—Power to seize dog   Dog Act 1976, Division 2—Dangerous dogs   Dog Act 1976, Division 4—Control of nuisance   Dog Act 1976, Part VII—Enforcement   Cat Act 2011, Section 48   Control of Vehicles (Off-road Areas) Act 1978, Section 38   Litter Act 1979, Section 26   Caravan Parks and Camping Grounds Act 1995, Section 17   Local Government (Parking for People with Disabilities) Regulations 2014   Shire of Boyup Brook Local Laws and Regulations All previous appointments of ranger services based at the Shire of Boyup Brook are cancelled. STEPHEN CARSTAIRS, Acting Chief Executive Officer, PO Box 2, Boyup Brook WA 6244. ——————————— LG403 LOCAL GOVERNMENT ACT 1995 Shire of Serpentine-Jarrahdale 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 29 March 2019 determine that the method of valuation to be used by the Shire of Serpentine-Jarrahdale, 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 Lot 2163 and Lots 2165 to 2167 inclusive as shown on Deposited Plan 413263; Lot 2149, Lot 2420, Lot 2458, Lot 2466, Lots 2474 to 2480 inclusive, Lot 2692, Lots 2694 to 2704 inclusive and Lot 2719 as shown on Deposited Plan 414497. MICHAEL CONNOLLY, Deputy Director General—Regulation, Department of Local Government, Sport and Cultural Industries.

1030 GOVERNMENT GAZETTE, WA 5 April 2019 MARINE/MARITIME MA401 WESTERN AUSTRALIAN MARINE ACT 1982 NAVIGABLE WATERS REGULATIONS 1958 PROHIBITED SWIMMING AREA Ron Courtney Island, Swan River Department of Transport, Fremantle WA, 5 April 2019. Acting pursuant to the powers conferred by Regulation 10A (b) of the Navigable Waters Regulations 1958, I hereby close the following area of water to swimming from 12:00 pm to 12:35 pm and 4:00 pm to 4:35 pm on Saturday 6 April 2019— Ron Courtney Island, Swan River All the waters of the southern channel of Ron Courtney Island, Swan River. This area is set aside for the approved “City of Belmont Autumn River Festival 2019”. CHRISTOPHER J. MATHER, Director Waterways Safety Management, Department of Transport. MINERALS AND PETROLEUM MP401 MINING ACT 1978 FORFEITURE Department of Mines, Industry Regulation and Safety, East Perth WA 6004. I hereby declare in accordance with the provisions of section 96A of the Mining Act 1978 that the undermentioned mining tenement is forfeited for failure to comply with statutory requirements being failure to pay annual rent. RICHARD JOHN ROGERSON, Executive Director, Resource Tenure Division. ———— Tenement Holder Mineral Field EXPLORATION LICENCE 31/1148 APP Gem Mining Pty Ltd North Coolgardie ——————————— MP402 MINING ACT 1978 FORFEITURE Department of Mines, Industry Regulation and Safety, East Perth WA 6004. I hereby declare in accordance with the provisions of sections 96A and 97 of the Mining Act 1978 that the undermentioned mining tenements are forfeited for failure to comply with statutory requirements being failure to pay annual rent. RICHARD JOHN ROGERSON, Executive Director, Resource Tenure Division. ———— Tenement Holder Mineral Field EXPLORATION LICENCE 37/1014 Yellow Resources Pty Ltd Crescent Energy Pty Ltd Mt Margaret 74/619 Purkait; Prodyat Kumar Phillips River MINING LEASE 29/419 Potts; Christopher Peter North Coolgardie

5 April 2019 GOVERNMENT GAZETTE, WA 1031 MP403 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Norseman WA 6443. 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. A. HILLS-WRIGHT, Warden. ———— To be heard by the Warden at Kalgoorlie on 24 May 2019. DUNDAS MINERAL FIELD Prospecting Licences P 63/2087 Shere, Peter John Rosel, Keryn Beatrice P 63/2088 Shere, Peter John Rosel, Keryn Beatrice P 63/2091 Shere, Peter John Rosel, Keryn Beatrice P 63/2092 Shere, Peter John Rosel, Keryn Beatrice P 63/2093 Shere, Peter John Rosel, Keryn Beatrice ——————————— MP404 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Norseman WA 6443. 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. A. HILLS-WRIGHT, Warden. ———— To be heard by the Warden at Kalgoorlie on 24 May 2019. DUNDAS MINERAL FIELD Prospecting Licences P 63/2009 Sharpe, Trevor David ——————————— MP405 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Kalgoorlie WA 6430. 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. A. HILLS-WRIGHT, Warden. ———— To be heard by the Warden at Kalgoorlie on 24 May 2019. EAST COOLGARDIE MINERAL FIELD Miscellaneous Licences L 26/277 Ambrose Mining Pty Ltd

1032 GOVERNMENT GAZETTE, WA 5 April 2019 MP406 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Kalgoorlie WA 6430. 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. A. HILLS-WRIGHT, Warden. ———— To be heard by the Warden at Kalgoorlie on 24 May 2019. BROAD ARROW MINERAL FIELD Prospecting Licences P 24/5200 Aurum Fabri Pty Ltd N. E. COOLGARDIE MINERAL FIELD Prospecting Licences P 28/1272 Rogers, Paul Brendon NORTH COOLGARDIE MINERAL FIELD Prospecting Licences P 31/2114 Krpez, Michael Daniel ——————————— MP407 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Coolgardie WA 6429. 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. A. HILLS-WRIGHT, Warden. ———— To be heard by the Warden at Kalgoorlie on 24 May 2019. COOLGARDIE MINERAL FIELD Prospecting Licences P 16/3065 Higgins, Rodney Arthur ——————————— MP408 MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines, Industry Regulation and Safety, Coolgardie WA 6429. 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. A. HILLS-WRIGHT, Warden. ———— To be heard by the Warden at Kalgoorlie on 24 May 2019. COOLGARDIE MINERAL FIELD Prospecting Licences P 15/6061 Gibbons, Thomas Luke

5 April 2019 GOVERNMENT GAZETTE, WA 1033 PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 METROPOLITAN REGION SCHEME MINOR AMENDMENT 1353/57 Lot 33 Hopkinson Road, Cardup Call for Public Submissions The Western Australian Planning Commission (WAPC) is seeking public comment on a proposal to amend the Metropolitan Region Scheme (MRS) for land in the local government of Serpentine- Jarrahdale. The amendment proposes to rezone an approximately 118.4 ha area from the Rural zone to the Urban Deferred zone in the MRS. The proposed amendment will facilitate future residential development, interspersed with public open space corridors, centred around a local centre and primary school. The Western Australian Planning Commission certifies that, in its opinion, the proposed amendment does not constitute a substantial alteration to the MRS. Display locations The plans showing the proposed change and the WAPC amendment report which explains the proposal, will be available for public inspection from Friday 5 April 2019 to Friday 14 June 2019 at—   Western Australian Planning Commission, 140 William Street, Perth   J S Battye Library, Level 3 Alexander Library Building, Perth Cultural Centre   Shire of Serpentine-Jarrahdale Documents can also be viewed online at the Department of Planning, Lands and Heritage website www.dplh.wa.gov.au/mrs-amendments. Submissions Any person who desires to make a submission to support, object or provide comment on any part of the proposed amendment should do so on a Form 57, which is available from the display locations, the amendment report and online. Submissions can be lodged via mrs@planning.wa.gov.au or by post to: Secretary, Western Australian Planning Commission, Locked Bag 2506, Perth WA 6001. Submissions close 5pm, Friday 14 June 2019. Late submissions will not be considered. Ms SAM FAGAN, Secretary, Western Australian Planning Commission. ——————————— PL402 PLANNING AND DEVELOPMENT ACT 2005 GREATER BUNBURY REGION SCHEME AMENDMENT 0053/57 South West Omnibus No. 5—Anomalies Amendment Call for Public Submissions The Western Australian Planning Commission (WAPC) is seeking public comment on a proposal to amend the Greater Bunbury Region Scheme (GBRS) in the City of Bunbury, Shire of Dardanup and the Shire of Harvey. The amendment proposes to update various zones and reservations in the GBRS locality in relation to government and landowner proposals, rationalization of zoning and reservation anomalies to match cadastral boundaries. Display locations The WAPC’s Amendment Report and plans showing the proposed changes are available for viewing online at https://consultation.dplh.wa.gov.au/ and at the following locations—   Western Australian Planning Municipal office of the— Commission, Level 2, 140 William Street, Perth   City of Bunbury   Shire of Harvey   Department of Planning, Lands and Heritage,   Shire of Dardanup Level 6, 61 Victoria Street, Bunbury   State Library of WA Perth Cultural Centre

1034 GOVERNMENT GAZETTE, WA 5 April 2019 Submissions Submissions to support, object to, or provide comment on the proposed amendment should be made on a Form 57, which is available online and at the display locations. Submissions can be lodged online to gbrs@dplh.wa.gov.au or by post to: The Secretary, Western Australian Planning Commission, Level 6, 61 Victoria Street, Bunbury WA 6230. Submissions must be received by 5.00pm, Monday 10 June 2019. Late submissions will not be considered. Ms SAM FAGAN, Secretary, Western Australian Planning Commission. ——————————— PL403 PLANNING AND DEVELOPMENT ACT 2005 APPROVED TOWN PLANNING SCHEME AMENDMENT City of Canning Town Planning Scheme No. 40—Amendment No. 215 Ref: TPS/1723 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 Canning Town Planning Scheme amendment on 22 March 2019 for the purpose of—

1. Modifying the Town Planning Scheme No. 40 Map by rezoning the following land from ‘General Industry’ to ‘Industrial Service’—   Lot 1 Bannister Road, Canning Vale;   Lot 2 Bannister Road, Canning Vale; and   Lot 3 Catalano Circuit, Canning Vale.
2. Modifying Additional Use No. 14 within Schedule B—Schedule of Additional or Prohibited Uses, by adding Lot 2 Bannister Road, Canning Vale and replacing the existing additional use with the new additional uses to read as follows— No. Lot No. Address Uses which may be prohibited or permitted in addition to those permitted by the Zoning Table Additional Development Requirements Additional Uses: Prohibited Uses: 14 1, 2 & 3 257 and 259- 261 Bannister Road and 87-91 Catalano Circuit, Canning Vale Educational Establishment, Industry—Light, Motor Vehicle Workshop.
3. Deleting Additional Use No. 18 from Schedule B—Schedule of Additional or Prohibited Uses.
4. Extending the boundary of Additional Use No. 14 to include Lot 2 Bannister Road, Canning Vale and delete Additional Use No. 18 from the Town Planning Scheme No. 40 Map. P. NG, Mayor. A. KYRON, Chief Executive Officer. PREMIER AND CABINET PR401 INTERPRETATION ACT 1984 MINISTERIAL ACTING ARRANGEMENTS It is hereby notified for public information that the Lieutenant-Governor and Administrator, in accordance with section 12(c) of the Interpretation Act 1984, has approved the following temporary appointment— Hon A. MacTiernan MLC to act temporarily in the office of Minister for Local Government; Heritage; Culture and the Arts in the absence of the Hon D. A. Templeman MLA for the period 13 to 28 July 2019 (both dates inclusive). D. FOSTER, Director General, Department of the Premier and Cabinet.

5 April 2019 GOVERNMENT GAZETTE, WA 1035 TRAINING TA401 VOCATIONAL EDUCATION AND TRAINING ACT 1996 APPOINTMENT Made by the Minister for Training and Workforce Development under section 19(1)(a) of the Vocational Education and Training Act 1996. Citation

1. This instrument may be cited as the State Training Board (Appointment of Members) 2019. Appointment
2. The person whose name is listed below, namely—  Mr Stephen William Moir, Group Chief Executive Officer, Motor Trade Association of Western Australia (Inc.) is appointed as a member of the Western Australian State Training Board in accordance with section 19(1) of the Vocational Education and Training Act 1996 for a period commencing on 1 April 2019 and ending on 31 December 2021. SUE ELLERY MLC, Minister for Education and Training. Dated this 27th day of March 2019. DECEASED ESTATES ZX401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Brett Ward, late of 1264 McKnoe Drive, Morangup, 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 20 July 2018, are required by the Executor, Debra Nora Ward of 1264 McKnoe Drive, Morangup, Western Australia 6083, to send particulars of their claims to her within one (1) month of the date of publication of this notice, after which date she may convey or distribute the assets, having regard only to the claims of which she then has notice. ——————————— ZX402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants John Edgar Smart, late of 8 Taylor Street, Pingelly in Western Australia, died on 7 July 2014. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of his estate are required by Martin Hugh Tuohy, the Executor of his estate to send particulars of their claims to him at Equitas Lawyers, PO Box 8366, Perth BC WA 6849 within one (1) month of the date of publication of this notice, after which date he may distribute the assets of the estate, having regard only to the claims of which he then has notice. Dated: 11 March 2019. ——————————— ZX403 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Marjorie Kathleen Barrow, late of Juniper Cygnet Lodge, 4-10 Hayman Road, Bentley, 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 December 2018, are required by the executors and trustees, Janet McDowell and Geoffrey Barrow, of 17A Shirley Avenue. Mount Pleasant, Western Australia to send particulars of their claims to the address stated herein within one (1) month from the date of publication of this notice, after which date the executors and trustees may convey or distribute the assets, having regard only to the claims of which they then have notice.

1036 GOVERNMENT GAZETTE, WA 5 April 2019 ZX404 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Thelma Doreen Chapman, late of Villa 28, Parkland Villas, 52-54 Liege Street, Woodlands, 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 21 December 2018, are required by the Executor, Lynette Anne Chapman, care of P A Martino, PO Box 564, West Perth WA 6872 to send particulars of their claim by Monday 6 May 2019, after which date the Executor may convey or distribute the assets, having regard only to the claims of which she then has notice. ——————————— ZX405 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Estate of Martin Godfrey Jones Burns, late of Craigcare Albany, Beaufort Road, Albany, 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 11 February 2016, are requested by the Executors, Murray Noel Thornhill and Warren George Burns, care of 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 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. ——————————— ZX406 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Estate of George Roy Haslam Wright (also known as Mick Wright), late of Chateau de la Barthelasse, Isle de la Barthelasse, 84000, Avignon, France, 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 25 July 2014, are requested by the Executor, Murray Noel Thornhill, care of 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 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 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 5 May 2019, after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice. Brown, Suzie (also known as Susan Brown), late of Karlarra Residence Aged Care, 200 Forrest Circle, South Hedland, who died on 9 July 2015 (DE33145657 EM36). Collins, Gillian Ann, late of Castledare Retirement Village, Unit 38, 108 Fern Road, Wilson, who died on 18 February 2019 (DE19920557 EM13).

5 April 2019 GOVERNMENT GAZETTE, WA 1037 Dawson, Anthony Charles, late of Bethanie Aged Care Facility, 111 Eaton Drive, Eaton, who died on 24 October 2018 (PM33092890 EM27). Galatis, Lucia, late of Kimberley Residential Aged Care, 78 Kimberley Street, West Leederville, who died on 24 February 2019 (DE19680512 EM26). Germain, David John, late of Unit 11, 20 Royal Street, East Perth, who died on 28 November 2018 (DE33158615 EM213). Hill, Doreen Elizabeth, late of Riverside Garden Estate, Unit 116, 2462 Albany Highway, Gosnells, who died on 14 February 2019 (DE33048027 EM24). O’Sullivan, Nancy Raye, formerly of Unit 5, 73 Stalker Road, Gosnells, late of Amaroo Village, Buckley Caring Centre, 60 Stalker Road, Gosnells, who died on 17 January 2019 (DE19783833 EM16). Spencer, Verne William, late of 1 French Road, Melville, who died on 28 February 2019 (DE33117224 EM17). Tinetti, Shirley Florence, late of Mertome Village, 30 Winifred Road, Bayswater, who died on 19 February 2019 (DE33107708 EM26). Watkins, Arthur James (also known as Athur James Watkins and Arthur Watkins), late of 20 Gallipoli Street, Lathlain, who died on 22 February 2019 (DE19992772 EM24). Yovich, Michael (also known as Milenko Jovic), late of 91 West Street, Northampton, who died on 7 October 2017 (DE19860701 EM32). BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212 ——————————— ZX408 PUBLIC TRUSTEE ACT 1941 ADMINISTERING OF ESTATES Notice is hereby given that pursuant to Section 14 of the Public Trustee Act 1941 and amendments the Public Trustee has elected to administer the estate of the undermentioned deceased person. Dated at Perth the 5th day of April 2019. BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212 ———— Name of Deceased Address Date of Death Date Election Filed Grey, Corinya (DE33150672 EM17) Late of Karlarra House, 200 Forrest Circle, South Hedland 25 April 2014 28 March 2019 PUBLIC NOTICES ZZ401 ANGLICAN CHURCH OF AUSTRALIA Alteration of the Constitution Notice is hereby given under section 67(2) of the Constitution of the Anglican Church of Australia that Whereas on 30 June 2014 the General Synod of the Anglican Church of Australia duly made Canon No. 4 of 2014 being the Constitution Amendment (Membership of the Diocesan Tribunal) Canon 2014 to alter the Constitution of the Anglican Church of Australia with respect to membership of the Diocesan Tribunal in section 54 therein And Whereas on 19 March 2019 the President of the General Synod, the Most Rev’d Dr Philip Freier, Archbishop of Melbourne and Metropolitan of the Province of Victoria, determined that there is no condition remaining to which the coming of the Canon into effect is subject The Said President determined that the said Canon shall come into effect on 1 July 2019. Dated: 29 March 2019. ANNE HYWOOD, General Secretary, General Synod, Anglican Church of Australia.

1038 GOVERNMENT GAZETTE, WA 5 April 2019 ZZ402 ANGLICAN CHURCH OF AUSTRALIA Alteration of the Constitution Notice is hereby given under section 67(2) of the Constitution of the Anglican Church of Australia that Whereas on 30 June 2014 the General Synod of the Anglican Church of Australia duly made Canon No. 5 of 2014 being the Constitution Amendment (Membership of the Provincial Tribunal) Canon 2014 to alter the Constitution of the Anglican Church of Australia with respect to membership of the Provincial Tribunal in section 55 therein And Whereas on 19 March 2019 the President of the General Synod, the Most Rev’d Dr Philip Freier, Archbishop of Melbourne and Metropolitan of the Province of Victoria, determined that there is no condition remaining to which the coming of the Canon into effect is subject The Said President determined that the said Canon shall come into effect on 1 July 2019. Dated: 29 March 2019. ANNE HYWOOD, General Secretary, General Synod, Anglican Church of Australia. ———————————