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.
Citation
This order is the National Gas Access (WA) Adoption of
Amendments Order 2019.
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.
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.
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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.
Citation
These regulations are the National Gas Access (WA) (Act
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 — on the day on which the
National Gas Access (WA) Adoption of Amendments
Order 2019 clause 3 comes into operation.
Schedule 1 of the Act amended
These regulations amend the National Gas Access (WA)
Act 2009 Schedule 1.
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.
Citation
This notice is the Sentence Administration (Community Corrections Centres)
Notice 2019.
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.
Notice amended
This notice amends the Sentence Administration (Community Corrections Centres)
Notice 2008.
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.
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JU302
YOUNG OFFENDERS ACT 1994
YOUNG OFFENDERS (DEPARTMENTAL FACILITIES)
AMENDMENT ORDER 2019
Made by the Minister under section 12 of the Act.
Citation
This order is the Young Offenders (Departmental Facilities) Amendment Order 2019.
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.
Order amended
This order amends the Young Offenders (Departmental Facilities) Order (No. 2)
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.
Citation
This order is the Young Offenders (Departmental Facilities) Order 2019.
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
Citation
These rules are the Magistrates Court Rules Amendment
(Inactive Cases) Rules 2019.
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
Rules amended
This Part amends the Magistrates Court (Civil Proceedings)
Rules 2005.
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.
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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.
Citation
This local law may be cited as the City of Mandurah Fencing Amendment Local
Law 2018.
Commencement
The local law comes into operation 14 days after the date of its publication in the
Government Gazette.
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.
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;”.
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.
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.
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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.
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
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.
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.
The plan may be viewed and downloaded from the Department of Biodiversity, Conservation and
Attraction website at: www.dbca.wa.gov.au/haveyoursay
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
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.
Citation
This Order may be cited as the Mental Health (Authorised Mental Health Practitioners) Revocation
Order (No. 3) 2019.
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.
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.
Citation
This order may be cited as the Mental Health (Authorised Mental Health Practitioners) Order (No. 3)
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.
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—
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.
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.
Deleting Additional Use No. 18 from Schedule B—Schedule of Additional or Prohibited Uses.
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
This instrument may be cited as the State Training Board (Appointment of Members) 2019.
Appointment
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.
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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.
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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.
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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.
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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.
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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
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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.
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