Trading, Outdoor Dining and Street Entertainment Amendment Local Law

!2018036GG! 903 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, TUESDAY, 13 MARCH 2018 No. 36 PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT CONTENTS PART 1 Page Shire of Broome— Local Government Property and Public Places Amendment Local Law 2017 .................. 906 Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2017 ......... 906 Shire of Capel Waste Amendment Local Law 2017 ................................................................. 905 ——— PART 2 Deceased Estates ....................................................................................................................... 911 Marine/Maritime ........................................................................................................................ 909 Planning ..................................................................................................................................... 909 Racing, Gaming and Liquor....................................................................................................... 910 Treasury and Finance ................................................................................................................ 910

GOVERNMENT GAZETTE PUBLISHING DETAILS FOR EASTER AND ANZAC DAY 2018 A Gazette will be published at noon on Thursday 29th March and closing time for copy is Tuesday 27th March at noon. A Gazette will be published at noon on Friday 6th April and closing time for copy is Wednesday 4th April at noon. The Gazette will not be published on Tuesday 3rd April 2018. The closing time for copy for Gazette published Friday 27th April 2018 is Tuesday 24th April at noon. IMPORTANT COPYRIGHT NOTICE © State of Western Australia This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from the Attorney General for Western Australia. Inquiries in the first instance should be directed to the Government Printer, State Law Publisher, 10 William St, Perth 6000. PUBLISHING DETAILS The Western Australian Government Gazette is published by State Law Publisher for the State of Western Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or unforeseen circumstances. Special Government Gazettes containing notices of an urgent or particular nature are published periodically. The following guidelines should be followed to ensure publication in the Government Gazette— • Material submitted to the Executive Council prior to gazettal will require a copy of the signed Executive Council Minute Paper. • Copy must be lodged with the Publication Officer, State Law Publisher no later than 12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)— Email address: Postal address: slp@dpc.wa.gov.au State Law Publisher Lower Ground Floor, 10 William St. Perth, 6000 Telephone: 6552 6000 • Inquiries regarding publication of notices can be directed to the Publications Officer on (08) 6552 6012. • Lengthy or complicated notices should be forwarded early to allow for preparation. Failure to observe this request could result in the notice being held over. If it is necessary through isolation or urgency to email or fax copy, confirmation is not required by post. If original copy is forwarded later and published, the cost will be borne by the advertiser.

13 March 2018 GOVERNMENT GAZETTE, WA 905 — PART 1 — LOCAL GOVERNMENT LG303 WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 LOCAL GOVERNMENT ACT 1995 Shire of Capel WASTE AMENDMENT LOCAL LAW 2017 Under the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007 and the Local Government Act 1995 and under all other enabling powers, the Council of the Shire of Capel resolved on 28 February 2018 to make this local law.

1. Title This local law may be cited as the Shire of Capel Waste Amendment Local Law 2017.
2. Commencement This local law commences 14 days after the day on which it is published in the Government Gazette.
3. Principal local law This local law amends the Shire of Capel Waste Local Law 2016 published in the Government Gazette on 13 February 2017.
4. Table of Contents amended (1) In the contents, beneath clause 5.4, insert “5.5 Objection and appeal rights”. (2) In the contents, in the clause title “5.4 Forms of notices” remove the “s” from the word “forms”.
5. Part 5—Enforcement amended In Part 5, insert the following clause after clause 5.4— “5.5 Objection and appeal rights Division 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary or cancel— (a) an approval under clause 2.7(b); (b) an exemption under clause 2.8(2); (c) an authorisation under clause 2.9(b); (d) an approval under clause 2.10(1); (e) an authorisation under clause 3.2(1)(c); (f) an approval under clause 3.2(2); and (g) an approval under clause 3.3.” ———— Consented to— M. ROWE, Chief Executive Officer, Department of Water and Environmental Regulation. Date: 5 February 2018. ———— The Common Seal of the Shire of Capel was affixed by authority of a resolution of the Council in the presence of— M. T. SCOTT, President. P. F. SHEEDY, Chief Executive Officer. Date: 28 February 2018. ———————————

906 GOVERNMENT GAZETTE, WA 13 March 2018 LG301 LOCAL GOVERNMENT ACT 1995 Shire of Broome TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2017 Under the powers conferred by the Local Government Act 1995, and under all other powers enabling it, the Council of the Shire of Broome resolved on 22 February 2018 to make the following local law.

1. Citation This local law is the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2017.
2. Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.
3. Principal local law amended This local law amends the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 as published in the Government Gazette on 16 January 2017.
4. Clause 1.6 amended In clause 1.6— (a) in the definition for event in item (a) replace “local government on private or public land” with “district”; (b) in the definition for event in item (b) replace “2012” with “2016”; (c) in the definition for local government property in item (c) insert “, but does not include a thoroughfare” prior to “; or”; (d) in the definition for local government property in item (b) delete “, but does not include a thoroughfare” after “section 3.53 of the Act”; (e) delete the definition for public place and insert a new definition for public place as follows— “public place means— (a) any thoroughfare or local government property; or (b) any place which the public is allowed to use, whether the place is or is not on private land, including park lands, squares, reserves, beaches, the intertidal zone and other land designated as being for the use and enjoyment of the public.”; and (f) in the definition for trading in item (f) replace “in a public place” with “on local government property or a thoroughfare”.
5. Clause 7.1 amended In clause 7.1.1 delete “a public” and replace with “an approved”. ———— Dated: 28 February 2018. The Common Seal of the Shire of Broome was affixed under the authority of a resolution of Council in the presence of— H. TRACEY, Shire President. S. MASTROLEMBO, Chief Executive Officer. ——————————— LG302 LOCAL GOVERNMENT ACT 1995 Shire of Broome LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017 Under the powers conferred by the Local Government Act 1995, and under all other powers enabling it, the Council of the Shire of Broome resolved on 22 February 2018 to make the following local law.
6. Citation This local law is the Shire of Broome Local Government Property and Public Places Amendment Local Law 2017.
7. Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.

13 March 2018 GOVERNMENT GAZETTE, WA 907 3. Principal local law amended This local law amends the Shire of Broome Local Government Property and Public Places Local Law 2016 as published in the Government Gazette on 22 June 2017. 4. Clause 1.5 amended In clause 1.5— (a) in the definition for local government property in item (b) insert “, but does not include a thoroughfare” prior to “; or”; (b) in the definition for local government property delete “but does not include a thoroughfare” after items (a), (b) and (c); (c) delete the definition for private land; (d) delete the definition for public place and insert a new definition for public place as follows— “public place means— (a) any thoroughfare or local government property; or (b) any place which the public is allowed to use, whether the place is or is not on private land, including park lands, squares, reserves, beaches, the intertidal zone and other land designated as being for the use and enjoyment of the public.” 5. Clause 3.1 amended In clause 3.1(b) delete “2003” and replace with “2016”. 6. Clause 3.2 amended Clause 3.2 is amended as follows— (a) in clause 3.2(1)(b) replace “at a public place” with “on local government property or a thoroughfare”; (b) in clause 3.2(1)(e) replace “within a public place” with “on local government property or a thoroughfare”; (c) in clause 3.2(1)(g)(iii) replace “on local government property” with “within a public place”; (d) delete clause 3.2(1)(i); (e) in clause 3.2(1)(k) replace “a public place” with “local government property or a thoroughfare”; (f) in clause 3.2(1)(l) replace “within a public place” with “on local government property or a thoroughfare”; (g) in clause 3.2(1)(m) replace “within a public place” with “on local government property or a thoroughfare; (h) in clause 3.2(1)(n) replace “in a public place” with “on local government property or a thoroughfare”; (i) in clause 3.2(1)(o) replace “within a public place” with “on local government property or a thoroughfare”; (j) in clause 3.2(1)(p) replace “a public place” with “local government property or a thoroughfare”; (k) in clause 3.2(1)(r) replace “in a public place” with “on local government property or a thoroughfare”; and (l) in clause 3.2(4) delete “public”. 7. Clause 3.4 amended In clause 3.4(1) replace “in a public place” with “on local government property”. 8. Clause 3.15 amended Clause 3.15 is amended as follows— delete clause 3.15(b) and insert a new clause 3.15(b) as follows— “(b) where the permit relates to an activity on local government property or a thoroughfare— (i) leave the local government property or thoroughfare in a clean and tidy condition after its use; (ii) report any damage or defacement of the local government property or thoroughfare to the local government; (iii) take steps to repair or rectify any damage or defacement of the local government property or thoroughfare as directed by the local government; and (iv) prevent the consumption of any liquor on the local government property or thoroughfare unless— i. the permit allows it; and ii. If applicable a licence has been obtained under the Liquor Control Act 1988 for that purpose.

908 GOVERNMENT GAZETTE, WA 13 March 2018 9. Clause 4.2 amended Clause 4.2 is amended as follows— (a) in clause 4.2(1) replace “in a public place” with “on local government property or a thoroughfare”; (b) in clause 4.2(2)(a) delete “public”; (c) in clause 4.2(2)(b) delete “public”; and (d) in clause 4.2(2)(c) delete “public”. 10. Clause 4.4 amended In clause 4.4(1) replace “public place” with “local government property or thoroughfare”. 11. Clause 4.5 amended In clause 4.5(c) delete “public”. 12. Clause 4.8 amended In clause 4.8(1)— (a) replace “in a public place” with “on local government property”; and (b) replace “public place” with “property”. 13. Clause 5.1 amended In clause 5.1(1) replace “3.5” with “3.2”. 14. Clause 7.2 amended In clause 7.2(1)(a) replace “a public place” with “local government property”. 15. Clause 8.3 amended Clause 8.3 is amended as follows— (a) insert the word ‘or’ at the end of 8.3(c)(ii)A; (b) in clause 8.3(c)(ii)B. insert words ‘or gravel 20mm<’ following the words ‘crushed rock’; (c) delete the word ‘or’ at the end of 8.3(c)(ii)B; and (d) delete clause 8.3(c)(ii)C. 16. Clause 8.5 amended Clause 8.5 is amended as follows— (a) replace “bitumen,” with “bitumen or”; and (b) delete “or an area of inorganic material which exceeds 20 square metres”. 17. Part 9 heading amended The heading for Part 9 is amended by replacing “in public places” with “on local government property and thoroughfares”. 18. Clause 9.3 amended Clause 9.3 is amended as follows— (a) in clause 9.3(1)(a) replace “in a public place” with “on local government property or a thoroughfare”; and (b) in clause 9.3(1)(b) replace “in a public place” with “on local government property or a thoroughfare”. 19. Clause 9.5 amended In clause 9.5(1)(a)(vii) replace “public” with “thoroughfare or”. 20. Clause 9.6 amended Clause 9.6 is amended as follows— (a) in clause 9.6(1) replace “in a public place” with “on local government property or a thoroughfare”; (b) in clause 9.6(1)(c) replace “public” with “thoroughfare or”; and (c) in clause 9.6(1)(h) replace “in a public place” with “on a thoroughfare”. 21. Schedule 1 amended Schedule 1 is amended as follows— (a) in the General Description of Offence for item 24 replace “a public place or” with “local government property or a”; and (b) in the General Description of Offence for item 39 delete “in a public place”. ———— Dated: 28 February 2018. The Common Seal of the Shire of Broome was affixed under the authority of a resolution of Council in the presence of— H. TRACEY, Shire President. S. MASTROLEMBO, Chief Executive Officer.

13 March 2018 GOVERNMENT GAZETTE, WA 909 — PART 2 — MARINE/MARITIME MA401 WESTERN AUSTRALIAN MARINE ACT 1982 NAVIGABLE WATERS REGULATIONS 1958 PROHIBITED SWIMMING AREA Port Denison Boat Harbour Department of Transport, Fremantle WA, 13th March 2018. 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 between the hours of 7:00 pm and 9:30 pm on Saturday 17th March 2018. Port Denison Boat Harbour Area of Closure:—All the waters within a 45 metre radius of the firing point located at approximately 29° 16.501′S, 114° 54.839′E. (Approximately 250 metres northwest from Fishermens Drive). This area is set aside for safety measures during the set up and display of pyrotechnics. CHRISTOPHER J. MATHER, Director Waterways Safety Management, Department of Transport. ——————————— MA402 WESTERN AUSTRALIAN MARINE ACT 1982 NAVIGABLE WATERS REGULATIONS 1958 PROHIBITED SWIMMING AREA City of Mandurah Department of Transport, Fremantle WA, 13th March 2018. 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 between 8:00 pm and 9:00 pm on Saturday 17th March 2018. Hall Park, Mandurah Area of Closure:—All the waters within a 150 metre radius of the firing point located at approximately 32° 31.901′S, 115° 42.870′E (approximately 25 metres northeast of the War Memorial). This area is set aside for safety measures during the set up and display of pyrotechnics. CHRISTOPHER J. MATHER, Director Waterways Safety Management, Department of Transport. PLANNING PL401 PLANNING AND DEVELOPMENT ACT 2005 BOARD OF VALUERS Appointment of Members Notice is given that Her Excellency the Governor has been pleased to appoint in accordance with the provisions of section 182 of the Planning and Development Act 2005 for a period of two years expiring on 12 February 2020— (a) Mr Ross Allen Hughes as a Member and Chairperson of the Board of Valuers with a remuneration of $230 per half day and $350 per full day for attendance at meetings of the Board; and

910 GOVERNMENT GAZETTE, WA 13 March 2018 (b) (i) Mr Matthew John Garmony; and (ii) Mr Dennis John Volk, as Members of the Board of Valuers each with a remuneration of $160 per half day and $240 per full day for attendance at meetings of the Board. KERRINE BLENKINSOP, Secretary, Western Australian Planning Commission. RACING, GAMING AND LIQUOR RA401 LIQUOR CONTROL ACT 1988 LIQUOR APPLICATIONS The following are applications received under the Liquor Control Act 1988 (the Act) and required to be advertised. Any person wishing to obtain more details about any application, or about the objection process, should contact Racing, Gaming and Liquor, Level 2, Gordon Stephenson House, 140 William Street, Perth, Telephone: (08) 6551 4888, or consult a solicitor or relevant industry organisation. App. No. Applicant Nature of Application Last Date for Objections APPLICATIONS TO ADD, VARY OR CANCEL A CONDITION OF LICENCE A000252934 Fly By Night Musicians Club Ltd Application for the Variation of trading conditions of a Special Facility licence in respect of premises situated in Fremantle and known as Fly By Night Musicians Club. 14/03/2018 A000245853 AIS Pub Group Pty Ltd Application for the Variation of trading conditions of a Tavern licence in respect of premises situated in Joondalup and known as Paddy Malones. 20/03/2018 This notice is published under section 67(5) of the Act. DIRECTOR OF LIQUOR LICENSING. Dated: 9 March 2018. TREASURY AND FINANCE TR401 STATE SUPERANNUATION REGULATIONS 2001 ELECTED MEMBER DIRECTORS Department of Treasury, David Malcolm Justice Centre, 28 Barrack Street, Perth WA 6000. In accordance with Regulation 238 of the State Superannuation Regulations 2001 (Board elections) notice is hereby given that Mrs Philippa Clarke has been re-elected as a Member Director to the Government Employees Superannuation Board for a three year term commencing on 2 April 2018 and Mr Bruce Hawkins has been elected as a Member Director to the Government Employees Superannuation Board for a three year term commencing on 4 July 2018.

13 March 2018 GOVERNMENT GAZETTE, WA 911 DECEASED ESTATES ZX401 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the late Edwin Jacobsen of Lot 403 Yarloop WA, deceased 25 December 2017, are required by the executors of the estate namely Mark Bradley Jacobsen and Michelle Walker to send particulars of their claims to 55 Shaftesbury Avenue Bayswater WA 6053, within one (1) month of the date of publication hereof, after which date the executors may distribute the assets having regard only to the claims of which they then have notice. ——————————— ZX402 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the late Patricia Joan Gaskell, Unit 2 192 Kinross Drive, Kinross, Western Australia, who died on 14 June 2017, are required by the Administrator David Anthony Fogg to send particulars of their claims addressed to the Administrator, Estate of the late Patricia Joan Gaskell 30 Danaher Mews, Clarkson WA 6030 within one (1) month of the date of publication of this notice, after which date the Executor may convey or distribute the assets having regard only to the claims of which the Administrator then has notice. ——————————— ZX403 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Wai Khan Lee, late of 1/16 Madden Way, Brentwood, 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 9 July 2017, are required by the Executor, Vera Oi Pin Lee, to send particulars of their claims within 30 days of publication of this notice to The Executor, 3 Beale Place, Willetton WA 6155, after which date the Executor may convey or distribute the assets, having regard only to the claims of which she then has notice. Dated: 13th day of March 2018. ——————————— ZX404 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants Thomas Arthur Jobbins (known as Arthur), late of 9 Newcross Road, Kingsley, Western Australia, Retired Plumber, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the Estate of the deceased, who died on the 23rd day of February 2018, are required by the Executors, Lyn Burns-Dymock, 26 Iluka Avenue, Mullaloo WA 6027 and Michael Jobbins, 64 Thornton Drive, Uduc WA 6220, to send particulars of their claim within one (1) month of the date of publication hereof, after which date the Executors may convey or distribute the assets having regard only to the claims of which they then have notice.

912 GOVERNMENT GAZETTE, WA 13 March 2018 ZX405 TRUSTEES ACT 1962 DECEASED ESTATES Notice to Creditors and Claimants In the estate of Kenneth Wallis, late of Amaroo Village Buckley Caring Centre, 60 Stalker Road, Gosnells, Western Australia, died 4 November 2017. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) are required to send their claims to the administrator Jennifer Patricia Johnson of 21 Ballybunion Crescent, Connolly WA 6027 within 30 days of publication of this notice, after which date the administrator may convey or distribute the assets having regard only to the claims of which notice has been given. ———————————