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!2015054GG! 1247 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, FRIDAY, 10 APRIL 2015 No. 54 PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.00 NOON © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT CONTENTS PART 1 Page Alcohol and Drug Authority Amendment Regulations 2015 ................................................... 1252 Caravan Parks and Camping Grounds Amendment Regulations 2015 .................................. 1255 Children and Community Services Amendment Regulations 2015 ........................................ 1251 City of Fremantle—Alfresco Dining Local Law 2014 (No. 2) ................................................... 1256 Civil Judgments Enforcement Amendment Regulations 2015 ................................................ 1254 Liquor Control (Kunawarritji Restricted Area) Amendment Regulations 2015 ..................... 1262 Parental Support and Responsibility Amendment Regulations 2015 ..................................... 1250 Proclamations—Alcohol and Drug Authority Amendment Act 2015 Commencement Proclamation 2015 .................................................................................................................. 1249 ——— PART 2 Agriculture and Food ................................................................................................................. 1263 Deceased Estates ....................................................................................................................... 1275 Justice......................................................................................................................................... 1263 Lands .......................................................................................................................................... 1263 Local Government ...................................................................................................................... 1264 Minerals and Petroleum ............................................................................................................ 1265 Parliament.................................................................................................................................. 1267 Planning ..................................................................................................................................... 1267 Premier and Cabinet.................................................................................................................. 1273 Public Notices............................................................................................................................. 1277 Racing, Gaming and Liquor....................................................................................................... 1274 Treasury and Finance ................................................................................................................ 1275

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  • !2015054GG!

    1247

    ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041

    PERTH, FRIDAY, 10 APRIL 2015 No. 54 PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.00 NOON

    © STATE OF WESTERN AUSTRALIA

    WESTERN AUSTRALIAN GOVERNMENT

    CONTENTS

    PART 1 Page

    Alcohol and Drug Authority Amendment Regulations 2015 ................................................... 1252 Caravan Parks and Camping Grounds Amendment Regulations 2015 .................................. 1255 Children and Community Services Amendment Regulations 2015 ........................................ 1251 City of Fremantle—Alfresco Dining Local Law 2014 (No. 2) ................................................... 1256 Civil Judgments Enforcement Amendment Regulations 2015 ................................................ 1254 Liquor Control (Kunawarritji Restricted Area) Amendment Regulations 2015 ..................... 1262 Parental Support and Responsibility Amendment Regulations 2015 ..................................... 1250 Proclamations—Alcohol and Drug Authority Amendment Act 2015 Commencement

    Proclamation 2015 .................................................................................................................. 1249

    ———

    PART 2

    Agriculture and Food ................................................................................................................. 1263 Deceased Estates ....................................................................................................................... 1275 Justice ......................................................................................................................................... 1263 Lands .......................................................................................................................................... 1263 Local Government ...................................................................................................................... 1264 Minerals and Petroleum ............................................................................................................ 1265 Parliament .................................................................................................................................. 1267 Planning ..................................................................................................................................... 1267 Premier and Cabinet .................................................................................................................. 1273 Public Notices ............................................................................................................................. 1277 Racing, Gaming and Liquor....................................................................................................... 1274 Treasury and Finance ................................................................................................................ 1275

  • 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 and in some cases the Parliamentary Counsel’s Certificate. • Copy must be lodged with the Sales and Editorial Section, State Law Publisher no later than

    12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition). Delivery address: State Law Publisher Lower Ground Floor, 10 William St. Perth, 6000 Telephone: 6552 6000 Fax: 9321 7536

    • 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 fax copy, confirmation is not required by post. If original copy is forwarded later and published, the cost will be borne by the advertiser. ADVERTISING RATES AND PAYMENTS

    EFFECTIVE FROM 1 JULY 2014 (Prices include GST). Deceased Estate notices (per estate)—$30.00

    Articles in Public Notices Section—$69.70 minimum charge (except items of an exceptionally large nature. In these instances arrangements will be made for pricing the notice at time of lodging).

    All other Notices— Per Column Centimetre—$13.90 Bulk Notices—$255.00 per page

    Electronic copies of gazette notices sent to clients for lodgement with the Delegated Legislation Committee—$45.80

    Clients who have an account will only be invoiced for charges over $50.

    For charges under $50, clients will need to supply credit card details at time of lodging notice (i.e. a notice under 4cm would not be invoiced).

    Clients without an account will need to supply credit card details or pay at time of lodging the notice.

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1249

    — PART 1 —

    PROCLAMATIONS AA101*

    Alcohol and Drug Authority Amendment Act 2015

    Alcohol and Drug Authority Amendment Act 2015 Commencement Proclamation 2015

    Made under the Alcohol and Drug Authority Amendment Act 2015 section 2(b) by the Governor in Executive Council.

    1. Citation

    This proclamation is the Alcohol and Drug Authority Amendment Act 2015 Commencement Proclamation 2015.

    2. Commencement (other than Part 1 and section 13)

    The Alcohol and Drug Authority Amendment Act 2015, other than Part 1 and section 13, comes into operation on 1 July 2015.

    K. SANDERSON, Governor. L.S.

    H. MORTON, Minister for Mental Health.

    Note: Under the Alcohol and Drug Authority Amendment Regulations 2015 regulation 2(b), the provisions of those regulations, other than regulations 1 and 2, come into operation when the Alcohol and Drug Authority Amendment Act 2015 section 8 comes into operation.

    ———————————

  • 1250 GOVERNMENT GAZETTE, WA 10 April 2015

    COMMUNITY AND CHILD SERVICES CN301*

    Parental Support and Responsibility Act 2008

    Parental Support and Responsibility Amendment Regulations 2015

    Made by the Governor in Executive Council.

    1. Citation

    These regulations are the Parental Support and Responsibility Amendment Regulations 2015.

    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 (gazettal day); (b) the rest of the regulations — (i) if the Alcohol and Drug Authority Amendment

    Act 2015 section 8 (section 8) comes into operation on or before gazettal day — on the day after gazettal day;

    (ii) otherwise — when section 8 comes into operation.

    3. Regulations amended

    These regulations amend the Parental Support and Responsibility Regulations 2009.

    4. Regulation 3 amended

    Delete regulation 3(c) and insert:

    (c) the department principally assisting in the administration of the Alcohol and Other Drugs Act 1974.

    N. HAGLEY, Clerk of the Executive Council.

    ———————————

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1251

    CN302*

    Children and Community Services Act 2004

    Children and Community Services Amendment Regulations 2015

    Made by the Governor in Executive Council.

    1. Citation

    These regulations are the Children and Community Services Amendment Regulations 2015.

    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 (gazettal day); (b) the rest of the regulations — (i) if the Alcohol and Drug Authority Amendment

    Act 2015 section 8 (section 8) comes into operation on or before gazettal day — on the day after gazettal day;

    (ii) otherwise — when section 8 comes into operation.

    3. Regulations amended

    These regulations amend the Children and Community Services Regulations 2006.

    4. Regulation 20A amended

    Delete regulation 20A(l).

    N. HAGLEY, Clerk of the Executive Council.

    ———————————

  • 1252 GOVERNMENT GAZETTE, WA 10 April 2015

    HEALTH HE301*

    Alcohol and Drug Authority Act 1974

    Alcohol and Drug Authority Amendment Regulations 2015

    Made by the Governor in Executive Council.

    1. Citation

    These regulations are the Alcohol and Drug Authority Amendment Regulations 2015.

    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 — when the Alcohol and Drug

    Authority Amendment Act 2015 section 8 comes into operation.

    3. Regulations amended

    These regulations amend the Alcohol and Drug Authority Regulations 1990.

    4. Regulation 1 amended

    In regulation 1 delete “Drug Authority” and insert:

    Other Drugs

    5. Regulation 2 amended

    (1) In regulation 2(1): (a) delete “chief executive officer of the Authority” and

    insert:

    CEO

    (b) delete “such Centres as are” and insert:

    a facility

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1253

    (2) In regulation 2(2) delete “chief executive officer.” and insert:

    CEO.

    (3) In regulation 2(3): (a) delete “an officer or employee of the Authority, or a

    person authorised by the Authority” and insert:

    a staff member, or a person authorised by the CEO

    (b) delete “Centre” and insert:

    facility

    (4) In regulation 2(4) delete “Centre” and insert:

    facility

    (5) At the end of regulation 2(4) insert:

    Penalty for an offence under this subregulation: a fine of $500.

    (6) At the end of regulation 2 delete the Penalty.

    6. Regulation 3 inserted

    After regulation 2 insert:

    3. Transitional provision for Alcohol and Drug Authority Amendment Regulations 2015

    (1) In this regulation — amended Regulations means the Alcohol and Other

    Drugs Regulations 1990 as amended by the Alcohol and Drug Authority Amendment Regulations 2015;

    commencement day means the day on which the Alcohol and Drug Authority Amendment Regulations 2015 regulation 3 comes into operation;

    former Regulations means the Alcohol and Drug Authority Regulations 1990 as in force before commencement day.

  • 1254 GOVERNMENT GAZETTE, WA 10 April 2015

    (2) A prohibition notice served under the former Regulations regulation 2 that was in force immediately before commencement day is to be taken to be a prohibition notice served under the amended Regulations regulation 2.

    N. HAGLEY, Clerk of the Executive Council.

    JUSTICE JU301*

    Civil Judgments Enforcement Act 2004

    Civil Judgments Enforcement Amendment Regulations 2015

    Made by the Governor in Executive Council.

    1. Citation

    These regulations are the Civil Judgments Enforcement Amendment Regulations 2015.

    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 after that day.

    3. Regulations amended

    These regulations amend the Civil Judgments Enforcement Regulations 2005.

    4. Schedule 2 amended

    In Schedule 2 item 11: (a) in paragraph (a) delete “for arresting the person” and

    insert:

    for preparing to arrest, and arresting, the person

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1255

    (b) in paragraph (b) delete “for conveying the person to a court or a custodial place and” and insert:

    for conveying the person from the place of arrest to appear

    before a judicial officer in a court, or to a custodial place, and

    (c) at the end of item 11 insert:

    Note 3: The fee under paragraph (b) is payable whether or not the place of arrest is the court building or custodial place and whether or not the person is conveyed to a court or a custodial place in a vehicle.

    N. HAGLEY, Clerk of the Executive Council.

    LOCAL GOVERNMENT LG301*

    Caravan Parks and Camping Grounds Act 1995

    Caravan Parks and Camping Grounds Amendment Regulations 2015

    Made by the Governor in Executive Council.

    Part 1 — Preliminary

    1. Citation

    These regulations are the Caravan Parks and Camping Grounds Amendment Regulations 2015.

    2. Commencement

    These regulations come into operation as follows — (a) Part 1 — on the day on which these regulations are

    published in the Gazette; (b) Parts 2 and 3 — on the day fixed under the Road Traffic

    (Administration) Act 2008 section 2(b).

  • 1256 GOVERNMENT GAZETTE, WA 10 April 2015

    Part 2 — Caravan Parks and Camping Grounds Regulations 1997 amended

    3. Regulations amended

    This Part amends the Caravan Parks and Camping Grounds Regulations 1997.

    4. Regulation 3 amended

    In regulation 3 in the definition of number plate delete “Road Traffic Act 1974;” and insert:

    Road Traffic (Vehicles) Act 2012 section 3(1);

    Part 3 — Consequential amendment to other regulations

    5. Regulations amended

    This Part amends the Caravan Parks and Camping Grounds Amendment Regulations 2014.

    6. Regulation 6 deleted

    Delete regulation 6.

    N. HAGLEY, Clerk of the Executive Council.

    ——————————— LG302*

    LOCAL GOVERNMENT ACT 1995 City of Fremantle

    ALFRESCO DINING LOCAL LAW 2014 (NO. 2) Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Fremantle resolved on 25 March 2015 to make the following Local Law.

    PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the City of Fremantle Alfresco Dining Local Law (No. 2) 2014. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Repeal The City of Fremantle Alfresco Dining Local Law 2014 as published in the Government Gazette on 18 July 2014 is repealed. 1.4 Application This local law applies throughout the district.

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1257

    1.5 Interpretation In this local law, unless the context otherwise requires—

    Act means the Local Government Act 1995; alfresco dining area means an area in which tables, chairs and other

    structures are provided for the purpose of the supply of food or beverages or both to the public or the consumption of food or beverages or both by the public;

    alfresco dining means outdoor dining or drinking or both in a public place; authorised person means the CEO or any other person authorised by the local

    government under section 9.10 of the Act to be an authorised person for the purposes of enforcing the provisions of this local law;

    CEO means the Chief Executive Officer of the local government; Council means the Council of the local government; district means the district of the local government; food business has the same meaning as the Food Act 2008; fee means a fee or charge imposed under sections 6.16 to 6.19 of the Act; furniture means chairs, tables, waiter’s stations, planter boxes, umbrellas,

    screens, barriers, awnings, portable gas heaters and any other structure set up in the alfresco dining area;

    Health Act means the Health Act 1911; licence means a licence issued by the local government under this local law to

    set up and conduct an alfresco dining area; licence period means the period referred to in clause 2.9; licence plan means a plan attached to and forming part of a licence depicting

    the parts of a street or public place within which an alfresco dining area may be set up and conducted;

    licensee means a proprietor of a food business who holds a valid licence; Liquor Control Act means the Liquor Control Act 1988; local government means the City of Fremantle; local public notice has the meaning given to it in section 1.7 of the Act; month means calendar month; nuisance means—

    (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law;

    (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or

    (c) interference which causes material damage to land or other property on the land affected by the interference;

    public place means any thoroughfare, pedestrian mall or local government property;

    proprietor has the same meaning as the Food Act 2008; Regulations means the Local Government (Functions and General)

    Regulations 1996; utility means any public or private body which provides an essential service,

    such as electricity, gas, water, drainage, sewerage, telecommunications or traffic control, and has equipment on, in or under a public place for that purpose;

    valid, in relation to a licence issued under this local law, means current and for which all the associated fees have been paid in full; and

    vehicle crossing means a crossing used by vehicles to allow access from a thoroughfare to private land or a private thoroughfare.

    PART 2—LICENCE 2.1 Licence required Unless exempt under clause 2.2, a person shall not set up or conduct an alfresco dining area in any public place— (a) other than in a portion of a public place adjoining a food business; (b) unless the person is the proprietor of a food business or is acting on behalf of

    the proprietor of a food business referred to in paragraph (a); (c) unless the person is the holder of a valid licence issued under this local law;

    and (d) other than in accordance with the licence plan and any terms and conditions

    set out in, or applying in respect of, the licence.

  • 1258 GOVERNMENT GAZETTE, WA 10 April 2015

    2.2 Exemptions (1) The local government may exempt a person or class of persons in writing from the requirement to have a licence. (2) Any exemption in subclause (1) may be exercised- (a) on the application of a person; or (b) at the local government’s discretion. (3) An exemption in subclause (1) may be given subject to any conditions the local government sees fit. (4) An exemption may apply to, or be in respect of— (a) a particular event, street festival, carnival or activity approved by the Local

    government; (b) particular goods or services; or (c) a period of time. 2.3 Application for a licence (1) A person who is required to obtain a licence under this local law shall apply for the licence in accordance with subclause (2). (2) An application for a licence under this local law shall— (a) be in the form determined by the local government; (b) be signed by the proprietor of a food business adjacent to the portion of the

    public place to which the application relates; (c) provide the information required by the form; and (d) be forwarded to the CEO together with any fee imposed and determined by

    the local government. (3) The local government may require an applicant to provide additional information reasonably related to an application before determining the application. (4) The local government may require an applicant to give local public notice of the application for a licence. (5) The local government may refuse to consider an application for a licence which is not in accordance with subclause (2) or where the applicant has not complied with subclauses (3) or (4). 2.4 Relevant considerations in determining application for licence In determining an application for a licence, the local government is to have regard to— (a) any relevant policies of the local government; and (b) any other matters that it considers to be relevant. 2.5 Decision on application for licence (1) The local government may, in respect of an application for a licence- (a) approve the application unconditionally or subject to any conditions; or (b) refuse to approve the application. (2) The local Government may refuse an application for a license if it its opinion— (a) the proposed alfresco area does not conform with the requirements of this

    local law or any other relevant law; (b) the proposed alfresco area does not conform with the requirements of any

    relevant policies of the local government; (c) the use of the proposed alfresco area is likely to cause a nuisance; or (d) the proposed licensee has been convicted during the preceding 5 years of an

    offence against— (i) this local law; (ii) the Health Act; (iii) the Liquor Control Act; or (iv) any other written law that affects alfresco dining. (3) If the local government approves an application for a licence, it is to issue to the applicant a licence in the form determined by the local government. (4) If the local government refuses to approve an application for a licence, it is, as soon as practicable after the decision is made— (a) to give the applicant written notice of, and written reasons for, the refusal;

    and (b) to inform the applicant of his or her rights, under Part 9, Division 1 of the

    Act, to object to, and apply for a review of, the decision. (5) Where a clause of this local law refers to conditions which may be imposed on a licence of which are to be taken to be imposed on a licence, the clause does not limit the power of the local government to impose other conditions on the licence under subclause (1)(a).

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1259

    2.6 Conditions which may be imposed on a licence The local government may approve an application for a licence subject to conditions relating to— (a) the area or location to which the licence applies; (b) the number, type, form and construction, as the case may be, of any

    furniture which may be used in the alfresco dining area; (c) the care, maintenance and cleaning of any furniture used in the alfresco

    dining area; (d) the removal and storage of furniture used in the alfresco dining area prior to

    the closure of the adjacent food business; (e) the alfresco dining area not impeding or obstructing a public place used by

    either pedestrians or vehicles; (f) the requirement to maintain clear sight lines for vehicles entering or leaving

    a thoroughfare or a vehicle crossing; (g) the obtaining of public risk insurance in an amount and on the terms

    reasonably required by the local government; (h) the grant of another approval, permit, licence or authorisation which may be

    required under any written law; (i) the duration and commencement of the licence; (j) the placement of advertising on furniture within the alfresco dining area; (k) the payment of all fees, charges, rates and taxes levied or incurred as a

    result of the establishment and operation of the alfresco dining area; (m) the payment of costs associated with the local government preparing the

    public place for the use as an alfresco dining area including but not limited to the reshaping of footpaths and marking the boundaries of the alfresco dining area.

    2.7 Compliance with conditions Where— (a) an application for a licence has been approved subject to conditions; or (b) a licence is to be taken to be subject to conditions under this local law, the licensee shall comply with each of those conditions.

    2.8 Amendment of licence conditions (1) A licensee may apply in writing to the local government to amend any of the terms of conditions of the licence. (2) The local government may, in respect of an application under subclause (1)— (a) amend the licence, either in accordance with the application or otherwise as

    it sees fit; or (b) decline to amend the licence. (3) The local government may, at any time, amend any of the terms and conditions of the license. (4) If the local government amends a licence under this clause, it is to notify the licensee in writing of the amendment as soon as practicable after the amendment is made and, unless otherwise specified in the amendment, the amended term or condition, or both, of the licence apply from the date of the notification. (5) If the local government amends a licence otherwise than in accordance with an application from the licensee, it is, as soon as practicable after the decision to amend is made— (a) to give the licensee written notice of, and written reasons for, its decision to

    amend; and (b) inform the licensee of his or her rights, under part 9, Division 1 of the Act, to

    object to, and apply for a review of, the decision.

    2.9 Duration of licence A licence is valid for twelve months from the date on which it is issued, unless it is— (a) otherwise stated in this local law or in the licence; or (b) cancelled under clause 2.12

    2.10 Renewal of licence (1) A licensee may renew the licence by paying the fee imposed and determined by the local government. (2) The provisions of the local law relevant to the license which is to be renewed shall apply, with such modifications as are required, to an application for the renewal of a licence.

  • 1260 GOVERNMENT GAZETTE, WA 10 April 2015

    2.11 Transfer of licence (1) An application for the transfer of a valid licence is to— (a) be in the form determined by the local government; (b) provide the information required by the form; (c) be signed by the licensee and the proposed transferee of the licence: and (d) be forwarded to the CEO together with any transfer fee imposed and

    determined by the local government. (2) The local government may refuse to consider or determine an application for the transfer of a licence, which is not in accordance with subclause (1). (3) The local government may approve an application for the transfer of a licence, refuse to approve it or approve it subject to such terms and conditions as it sees fit, and if it is approved, the proposed transferee shall become the licensee from the date of the approval.

    2.12 Cancellation of suspension of licence (1) A licence may be cancelled by the local government on any one or more of the following grounds— (a) the licensee has not complied with— (i) a condition of the licence; or (ii) a provision of this local law or any other written law which may relate

    to the activity regulated by the licence; (b) if it is relevant to the activity regulated by the licence— (i) the licensee is an undischarged bankrupt, or is in liquidation; (ii) the licensee has entered into a composition arrangement with

    creditors; or (iii) a manager, administrator, trustee, receiver, or receiver and manager,

    is appointed in relation to any part of the licensee’s undertakings or property;

    (c) the proprietor of the food business changes; or (d) the setting up or conduct of the alfresco dining area, or the behaviour of

    customers within the alfresco dining area, is causing a nuisance. (2) The local government may cancel or suspend a licence if the local government or a utility requires access to or near the place to which a licence applies, for the purposes of the carrying out works in or near the vicinity of that place. (3) If the local government cancels or suspends a license under this clause, it is, as soon as practicable after the decision is made— (a) to give the licensee written notice of, and reasons for, the decision; and (b) inform the licensee of his or her rights, under part 9, Division 1 of the Act, to

    object to, and apply for review of, the decision; and (c) the cancellation or suspension takes effect from the date on which the

    licensee is served with the cancellation or suspension notice. (4) On the cancellation of a licence, the licensee shall return the licence as soon as practicable to the local government. (5) On the cancellation or suspension of a licence, the licensee is, subject to sub-clause (6), to be taken to have forfeited any fees paid in respect of the licence. (6) Where a licence is cancelled or suspended through no fault of the licensee, the local government shall refund to the licensee all or part of the license fee in respect of what would otherwise have been the balance of the terms of the licence.

    2.13 Display and production of licence A licensee shall produce to an authorised person his or her valid licence immediately on being required to do so by an authorised person.

    PART 3—ENFORCEMENT

    3.1 Direction of authorised person to be obeyed (1) A licensee who is given a lawful direction by an authorised person shall comply with that direction. (2) A licensee shall not obstruct or hinder an authorised person in the performance of that person’s duties.

    3.2 Notice to repair damage to public place Where any portion of a public place has been damaged as a result of the use of that public place as an alfresco dining area, the local government may, by notice to the licensee, order the licensee to repair or replace that portion of the public place to the satisfaction of the local government.

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1261

    3.3 Removal and impounding of goods Where an alfresco dining area is conducted without a licence or in contravention of a condition of a licence, any furniture may be removed and impounded under regulation 29 of the Regulations by an authorised person.

    3.4 Public access No person shall set up or conduct an alfresco dining area that prohibits public access to that area unless that area is located on private land.

    3.5 Offences (1) A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) An offence against a clause specified in the schedule 1 of this local law is a prescribed offence for the purposes of section 9.16(1) of the Act. (3) A person who commits an offence under this local law shall be liable, on conviction to a penalty not exceeding $5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day of part of a day during which the offence has continued.

    3.6 Infringement and infringement withdrawal notice For the purposes of this local law— (a) the form of the infringement notice referred to in section 9.17 of the Act is

    that of Form 2 in Schedule 1 of the Regulations; and (b) the form of the infringement withdrawal notice referred to in section 9.20 of

    the Act is that of Form 3 in Schedule 1 of the Regulations.

    3.7 Offence description and Modified Penalty The amount appearing in the final column of Schedule 1 directly opposite an offence described in that schedule is the modified penalty for that offence.

    3.8 Authorised persons Unless expressly state otherwise by the local government, a person appointed by the local government to be an authorised person for the purposes of this local law is taken to have also been appointed by the local government to be an authorised person for the purposes of sections 9.13 and 9.16 of the Act in relation to offences against this local law.

    Schedule 1 City of Fremantle

    Alfresco Dining Amendment Local Law 2014 Offences and Modified Penalties

    Item No.

    Clause No. Nature of Offence

    Modified Penalty

    $ 1 2.1(c) Set up or conduct an alfresco dining area without a

    valid licence 300

    2 2.7 Failure to comply with a condition of licence 100 3 2.13 Failure to produce to an authorised person a valid

    licence when requested to do so 100

    4 Other offences not specified 100

    Dated: 26 March 2015. The Common Seal of the City of Fremantle was affixed by authority of a resolution of the Council in the presence of—

    BRAD PETTITT, Mayor. GRAEME MacKENZIE, Chief Executive Officer.

    ———————————

  • 1262 GOVERNMENT GAZETTE, WA 10 April 2015

    RACING, GAMING AND LIQUOR RA301*

    Liquor Control Act 1988

    Liquor Control (Kunawarritji Restricted Area) Amendment Regulations 2015

    Made by the Governor in Executive Council on the recommendation of the Minister.

    1. Citation These regulations are the Liquor Control (Kunawarritji

    Restricted Area) Amendment Regulations 2015.

    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 after that day.

    3. Regulations amended These regulations amend the Liquor Control (Kunawarritji

    Restricted Area) Regulations 2011.

    4. Regulation 10 amended In regulation 10 delete “of 4 years commencing at the time

    regulation 5 comes into operation.” and insert:

    that ends at the close of 3 May 2018.

    N. HAGLEY, Clerk of the Executive Council.

    ———————————

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1263

    — PART 2 —

    AGRICULTURE AND FOOD AG401*

    SOIL AND LAND CONSERVATION ACT 1945 APPOINTMENT

    Under Section 23 of the Soil and Land Conservation Act 1945, the following persons are appointed as members of the District Committee for the Quairading Land Conservation District, (which Committee was established by an Order in Executive Council, published in the Government Gazette of 4 October 1985 at pp. 3922-3923 and amended in the Government Gazettes of 20 July 1990 at pp. 3454-3455, 17 May 1994 at p. 2067, Amendment Order in Executive Council on 23 September 1997, and amended in the Government Gazette of 27 October 2009 at p. 4214). The appointment is for a term ending on 31 July 2016— (1) Pursuant to Section 23 (2b) (b) of the Act, Wayne Davies of Quairading and Brian Caporn of

    Quairading are appointed as members of the Committee on the nomination of the Shire of Quairading.

    (2) Delete Clive Hawksley of Quairading and Graeme Fardon of Quairading, from representing the Shire of Quairading.

    Dated this 2nd day of April 2015. ANDREW WATSON, Commissioner of Soil and Land Conservation.

    JUSTICE JU401*

    JUSTICES OF THE PEACE ACT 2004 RESIGNATIONS

    It is hereby notified for public information that the Minister has accepted the resignation of— Mrs Angelina Wilridge of Broome WA Mrs Janet Elizabeth Shaddick of Tintenbar NSW Mr Wallace Frederick Kite of Trigg WA

    from the Office of Justice of the Peace for the State of Western Australia. RAY WARNES, Executive Director,

    Court and Tribunal Services.

    LANDS LA401*

    LICENSED SURVEYORS ACT 1909 LAND SURVEYORS LICENSING BOARD

    Registered Licensed Surveyors It is hereby notified for general information that the following persons have been registered as Licensed Surveyors under the provisions of the abovementioned Act—

    On 19 February 2015— No. 1087 Higgs, Charles Robert

  • 1264 GOVERNMENT GAZETTE, WA 10 April 2015

    On 19 March 2015— No. 1088 Gibson, Aaron Peter No. 1089 Buswell, Jake Michael

    In accordance with Section 12 of the Licensed Surveyors Act 1909, the register of licensed surveyors can be inspected at the Board’s website—www.lslb.wa.gov.au

    GRAEME HOLLOWAY, Secretary, Land Surveyors Licensing Board.

    LOCAL GOVERNMENT LG401*

    LOCAL GOVERNMENT ACT 1995 City of Kwinana

    (BASIS OF RATES) This notice, which is for public information only, is to confirm that—

    I, Brad Jolly, 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 1 July 2015, determine that the method of valuation to be used by the City of Kwinana, as the basis for a rate in respect of the land referred to in the Schedule is to be the unimproved value of the land;

    Schedule Designated Land GRV to UV All those portions of land being Lots 77 to 80 inclusive as shown on

    Deposited Plan 149931.

    BRAD JOLLY, Executive Director.

    ——————————— LG402*

    LOCAL GOVERNMENT ACT 1995 City of Rockingham (BASIS OF RATES)

    This notice, which is for public information only, is to confirm that— I, Brad Jolly, 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 17 February 2015, determine that the method of valuation to be used by the City of Rockingham, as the basis for a rate in respect of the land referred to in the Schedule is to be the gross rental value of the land;

    Schedule Designated Land UV to GRV All those portions of land being Lots 218 to 220 inclusive and

    Lots 244 to 249 inclusive as shown on Deposited Plan 403762 and Lot 533 and Lots 686 to 717 inclusive as shown on Deposited Plan 404328.

    BRAD JOLLY, Executive Director.

    ——————————— LG403*

    LOCAL GOVERNMENT ACT 1995 City of Swan

    (BASIS OF RATES) This notice, which is for public information only, is to confirm that—

    I, Brad Jolly, 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)

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1265

    of that Act, hereby, and with effect from the date of Gazettal, determined that the method of valuation to be used by the City of Swan 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 1 as shown on Diagram 19492;

    Lot 81 as shown on Plan 4539; Lot 192 as shown on Plan 4553; Lot 15 as shown on Plan 4556; Lot 61 as shown on Plan 14138 and Lots 251 to 259 inclusive as shown on Deposited Plan 69320.

    BRAD JOLLY, Executive Director.

    ————

    FILE: 08586-2014 TECHNICAL DESCRIPTION

    ADDITIONS TO GROSS RENTAL VALUE AREA CITY OF SWAN

    All those portions of land being Lot 1 as shown on Diagram 19492; Lot 81 as shown on Plan 4539; Lot 192 as shown on Plan 4553; Lot 15 as shown on Plan 4556; Lot 61 as shown on Plan 14138 and Lots 251 to 259 inclusive as shown on Deposited Plan 69320.

    MINERALS AND PETROLEUM MP401*

    PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 EXPIRY OF PETROLEUM EXPLORATION PERMIT EP 407

    Petroleum Exploration Permit EP 407 held by Latent Petroleum Pty Ltd and Alcoa of Australia Limited expired on 5 December 2014.

    J. H. HAWORTH, Executive Director, Petroleum Division.

    ——————————— MP402*

    MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE

    Department of Mines and Petroleum, Leonora WA 6438.

    In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-compliance with the reporting provisions.

    J. O’SULLIVAN, Warden.

    ———— To be heard by the Warden at Leonora on 2 June 2015.

    MT MARGARET MINERAL FIELD Prospecting Licences

    P 37/8386 SR Mining Pty Ltd

  • 1266 GOVERNMENT GAZETTE, WA 10 April 2015

    MP403* MINING ACT 1978

    APPLICATION FOR AN ORDER FOR FORFEITURE Department of Mines and Petroleum,

    Leonora WA 6438. In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for non payment of rent.

    J. O’SULLIVAN, Warden. ————

    To be heard by the Warden at Leonora on 2 June 2015. MT MARGARET MINERAL FIELD

    Prospecting Licences P 37/8205 PMCC Property Pty Ltd P 37/8249 GS & MG Pty Ltd P 37/8412 Muir, Talbot Lang Dunmore P 37/8414 Griffiths, Robert Lee P 37/8415 Griffiths, Robert Lee P 38/4068 Jones, Keith William

    Dean, John Shane P 39/5134 Westcott, Timothy Daniel P 39/5135 Westcott, Timothy Daniel

    ——————————— MP404*

    MINING ACT 1978 APPLICATION FOR AN ORDER FOR FORFEITURE

    Department of Mines and Petroleum, Leonora WA 6438.

    In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-compliance with the reporting provisions.

    J. O’SULLIVAN, Warden. ————

    To be heard by the Warden at Leonora on 2 June 2015. MT MARGARET MINERAL FIELD

    Prospecting Licences P 37/8224-S Laine, Timo Kalevi P 37/8413 Blamey, Peter Richard

    Walker, Lloyd Hilton P 37/8422 Hutchinson, Ron P 39/4593 Dixon, Trevor John P 39/4596 Avoca Resources Pty Ltd

    Hawthorn Resources Limited

    ——————————— MP405*

    MINING ACT 1978 FORFEITURE

    Department of Mines and Petroleum, East Perth WA 6004.

    I hereby declare in accordance with the provisions of Section 96A of the Mining Act 1978 that the undermentioned exploration licences are forfeited for breach of covenant, being non payment of rent.

    Hon BILL MARMION MLA, Minister for Finance; Mines and Petroleum.

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1267

    Number Holder Minerals Field Exploration Licence

    15/1104 Bardoc Resources Pty Ltd Coolgardie 36/775 Brutus Constructions Pty Ltd East Murchison 45/3142 Adelaide Prospecting Pty Ltd Pilbara 51/1457 Proto Resources And Investments Ltd Murchison 52/2605 Brutus Constructions Pty Ltd Peak Hill 52/2656 Brutus Constructions Pty Ltd Peak Hill

    ——————————— MP406*

    PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 REVOKE THE DECLARATION OF LOCATION STP-LNA-0002

    I, Jeffrey Huntly Haworth, Executive Director, Petroleum Division of the Department of Mines and Petroleum, the delegate of the Minister of Mines and Petroleum for the State of Western Australia, revoke Location STP-LNA-0002 in respect of the following block with effect from the date this notice is published in the Government Gazette.

    Perth Map Sheet SH50 Block No. Field Location No. 6310 Redback STP-LNA-0002

    J. HAWORTH, Executive Director, Petroleum Division.

    PARLIAMENT PA401*

    PARLIAMENT OF WESTERN AUSTRALIA Royal Assent to Bills

    It is hereby notified for public information that the Governor has Assented in the name and on behalf of Her Majesty the Queen, on the date shown, to the undermentioned Act passed by the Legislative Council and the Legislative Assembly during the First Session of the Thirty-Ninth Parliament. Title of Act Date of Assent Act No. Road Traffic Legislation Amendment Act 2015 1 April 2015 10 of 2015

    P. GRANT for N. PRATT, Clerk of the Parliaments. 7 April 2015.

    PLANNING PL401*

    PLANNING AND DEVELOPMENT ACT 2005 DECLARATION OF PLANNING CONTROL AREA 114

    Lot 515 Sabrina Road, Baldivis City of Rockingham

    File: 835/2/28/12 General description The Minister for Planning has granted approval to the declaration of a planning control area over land at Lot 515 Sabrina Road, Baldivis as shown on Western Australian Planning Commission (WAPC) plan number 3.2633.

  • 1268 GOVERNMENT GAZETTE, WA 10 April 2015

    Purpose The purpose of the planning control area is to protect the proposed Future Primary Regional Roads reservation of Lot 515 Sabrina Road, Baldivis to accommodate planning for the regional freight network which requires an upgrading of the Kwinana Freeway/Mundijong Road interchange. The WAPC considers that the planning control area is required to ensure that no development occurs on this land which might prejudice this purpose until it may be reserved for Primary Regional Roads in the Metropolitan Region Scheme. Duration and effects The declaration remains in effect for a period of five years from the date of publication of this notice in the Government Gazette or until revoked by the WAPC with approval by the Minister, whichever is the sooner. A person shall not commence and carry out development in a planning control area without the prior approval of the WAPC. The penalty for failure to comply with this requirement is $200,000 and, in the case of a continuing offence, a further fine of $25,000 for each day during which the offence continues. Compensation is payable in respect of land injuriously affected by this declaration, and land so affected may be acquired by the WAPC in the same circumstances and in the same manner as if the land had been reserved in the Metropolitan Region Scheme for a public purpose. Display locations Western Australian Planning Commission, 140 William Street, Perth State Reference Library, Northbridge City of Rockingham

    TIM HILLYARD, Secretary, Western Australian Planning Commission.

    ———————————

    PL402*

    PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT

    City of Swan Town Planning Scheme No. 17—Amendment No. 106

    Ref: TPS/1370 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 Swan local planning scheme amendment on 20 March 2015 for the purpose of— 1. Inserting the following into Schedule 2—Additional Uses of Local Planning Scheme No. 17—

    No. Description of Land Additional Use Conditions 93 Lot 121 on D40221 (No. 3241),

    Great Northern Highway, Bullsbrook

    ‘P’—Transport Depot ‘D’—Storage

    2. Amending the Scheme Map to note the Additional Use number. C. ZANNINO, Mayor.

    M. J. FOLEY, Chief Executive Officer.

    ——————————— PL403*

    PLANNING AND DEVELOPMENT ACT 2005 APPROVED LOCAL PLANNING SCHEME AMENDMENT

    City of Bunbury Town Planning Scheme No. 7—Amendment No. 66

    Ref: TPS/1324 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 Bunbury local planning scheme amendment on 1 April 2015 for the purpose of— 1. Inserting the following land use definition within Schedule 1—Dictionary of Defined Words

    and Expressions— “Small bar” means premises licensed as a small bar under the Liquor Control Act 1988 and

    used to sell liquor for consumption on the premises, but not including the sale of packaged liquor.

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1269

    2. Amending the Scheme by rezoning— (a) Lot 76 (DP: 37357) Ocean Drive from “Special Use Zone No. 1—Hotel” to “Special Use

    Zone No.1—Back Beach Tourism Mixed Use”; (b) Lot 66 (DP: P31953) Ocean Drive from “Special Use Zone No. 52—Tourism and

    Residential” to “Special Use Zone No. 1—Back Beach Tourism Mixed Use”; (c) Lot 497 (DP: D31953 RN:29637) Ocean Drive from “Parks and Recreation Reserve” to

    “Special Use Zone No. 1—Back Beach Tourism Mixed Use”; (d) Lot 1 Ocean Drive from “Special Use Zone No. 31—Restaurant and Motel” to “Special

    Use Zone No. 1—Back Beach Tourism Mixed Use”; (e) Lot 2 (DP: 68725) Ocean Drive from “Special Use Zone No. 31—Restaurant and Motel”

    to “Special Use Zone No. 1—Back Beach Tourism Mixed Use”; 3. Replacing the existing text in the table under Schedule 2—Special Use Zones at No. 1 with

    the following text— No. Descriptio

    n of Land Special Uses Conditions

    1 Lots 76, 66, 497, Lot 1 and Lot 2 Ocean Drive, Bunbury

    The following land use classes are permissible only where the Local Government has exercised its discretion by granting planning approval in accordance with the land use provisions contained within an adopted General Structure Plan prepared for the site— (a) Cinema / Theatre; (b) Community

    Purpose; (c) Exhibition Centre; (d) Fast Food Outlet

    (drive-through not permitted);

    (e) Hotel; (f) Market; (g) Motel; (h) Office (maximum

    floor-space of 200m² net lettable area);

    (i) Place of Public Assembly;

    (j) Recreation—Private;

    (k) Restaurant; (l) Shop; (m) Small bar; (n) Short-Stay

    Grouped Unit; (o) Short-Stay

    Multiple Unit; (p) Unrestricted

    Residential Accommodation (URA)*.

    All other land use classes are not permitted ‘X’ use. * The specific types of

    URA will be determined in accordance with the land use permissibility as prescribed in the statutory provisions of the General Structure Plan.

    The following provisions apply to any subdivision and/or development undertaken on land within the Special Use Zone, and where relevant, are to be incorporated into any Structure Plan prepared for part or parts of the Zone. 1. General 1.1 Prior to any subdivision or development, the Local Government shall require the preparation and endorsement of— (a) a General Structure Plan for

    the entire Zone; and (b) Detailed Structure Plans. 2. General Structure Plan 2.1 The General Structure Plan shall be prepared in accordance with clause 6.2 and this shall be consistent with the recommendations of the adopted Back Beach Tourism Precinct Plan (December 2012). 2.2 The General Structure Plan shall employ a precinct-based approach to— (a) establish the spatial

    distribution of land use classes and respective levels of permissibility; and

    (b) introduce development criteria and standards that inform and guide the preparation of Detailed Structure Plans.

    2.3 Provisions included shall address, but are not limited to the following— (a) land use and development

    precinct (and sub-precinct) boundaries;

    (b) land use permissibility and restrictions;

    (c) building height; (d) building envelopes; (e) development setback

    distances and boundary treatments;

    (f) open space requirements; (g) the indicative positioning of

    view corridors and pedestrian pathways;

    (h) parking and servicing; (i) staging of development to

    ensure that dedicated

  • 1270 GOVERNMENT GAZETTE, WA 10 April 2015

    No. Description of Land

    Special Uses Conditions

    tourism accommodation (hotel/motel) is delivered;

    (j) Vehicular access restrictions and vehicle and pedestrian movement networks; and

    (k) Outline the type of technical studies required in support of the proposal at the subdivision and/or develop-ment stage. These include, but are not limited to—

    (i) Stormwater Management Plan;

    (ii) Acid Sulphate Soils Report;

    (iii) Detailed Landscape Management Plan;

    (iv) Infrastructure and Servicing Plan;

    (v) Cost Contribution Schedule); and

    (vi) Acoustic Assessment. 3. Detailed Structure Plans 3.1 Detailed Structure Plans shall be prepared in accordance with Clause 6.2 of the Scheme and the provisions contained within an adopted General Structure Plan. 3.2 Detailed Structure Plans shall include information and details to the specifications and satisfaction of the Local Government dealing with, but not limited to, the following— (a) Standards and requirements

    for development, site planning and building design.

    (b) Indicative lot layout of subdivision design.

    (c) Building envelopes addressing footprint, height (maximum and minimums) and bulk in accordance with the requirements of the General Structure Plan.

    (d) Layout, extent and arrange-ment of proposed land uses.

    (e) Development setbacks from boundaries and between buildings, accessways and right-of-ways.

    (f) Urban design standards to guide, but not limited to, the following—

    (i) building orientation; (ii) active frontages; (iii) building entrances; (iv) finished floor levels at

    ground; (v) building façades; (vi) rooflines; and (vii) landmark corners. (g) Location and extent of

    communal and private outdoor living areas.

    (h) Pedestrian and bicycle access and movement including linkages through the site.

    (i) Traffic management in-cluding access ways, internal

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1271

    No. Description of Land

    Special Uses Conditions

    circulation and arrangements for service / emergency vehicles and the loading and unloading of goods.

    (j) Vehicle parking and circulation areas.

    (k) The provision of visual screening elements to parking, servicing and loading areas.

    (l) Location and layout of public open space areas.

    (m) Location and extent of hard and soft landscaped areas within the public realm.

    (n) Passive surveillance and application of Crime Prevention Through Environmental Design (CPTED) principles.

    (o) Standards to guide the location, area, type and quality of signage.

    (p) Site Investigation Assessment of the site conditions and surrounding environment that include an assessment of—

    (i) landform and soils; (ii) groundwater and

    surface water; (iii) vegetation and fauna;

    and (iv) the potential impact of

    coastal processes and future sea level rise.

    (q) Transport Assessment prepared in accordance with the WAPC’s Transport Assessment Guidelines for Developments Volume 3—Subdivision, as amended;

    (r) Landscaping Plan shall be submitted for consideration as an integral part of the Detailed Structure Plan and shall provide information and details in respect of—

    (i) road and footpath layout for use by pedestrians, cyclists and cars;

    (ii) vehicle parking, servicing, loading and unloading and turning facilities;

    (iii) landscaping (both soft-scape and hardscape) materials and surface finishes;

    (iv) vegetation species; (v) boundary treatments; (vi) proposed screening; (vii) potential and/or pro-

    posed on-street alfresco dining areas;

    (viii) lighting plan; and (ix) detailed staging of

    landscaping works.

  • 1272 GOVERNMENT GAZETTE, WA 10 April 2015

    No. Description of Land

    Special Uses Conditions

    (s) Ethnographic Heritage Report addressing any sites of significance to Aboriginal people within the subject land.

    (t) Development Impact Statement (comprising View Shed Analysis) shall address building height and visual permeability, shadowing and solar access in accordance with the city’s Local Planning Policy: Building Height.

    The analysis shall incor-porate views to and from the site including proposed building profile and height from Ocean Drive, Scott Street, Upper Esplanade, Haig Crescent, Bunbury Senior High School (vistas through the site, to and from the school), and existing public open spaces (Reserve 9997 and key points along the foreshore).

    (u) Development Contribution Plan prepared in accordance with State Planning Policy 3.6—Developer Contributions for Infrastructure.

    (v) Staging Plan addressing the proposed staging of—

    (i) demolition; (ii) earthworks; (iii) building development;

    and (iv) public open space

    (where information is available).

    (w) Strata Management Statement addressing—

    (i) the general strata management arrange-ments for development within the subject sites; and

    (ii) the relationship/ operation between permanent occupation and short-stay use of units as provided for in the Unrestricted Residential Accom-modation land use, to the satisfaction of the Local Government and the WAPC.

    4. Development Standards 4.1 Where development standards are not prescribed within the provisions of the Special Use Zone or in an adopted General Structure Plan, the general development requirements and standards of the Scheme shall prevail. 4.2 There will be no direct vehicular access permitted onto or from Ocean Drive.

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1273

    No. Description of Land

    Special Uses Conditions

    4.3 Buildings developed within the Zone shall— (a) provide for a variety of

    architectural expression; (b) achieve quality contemporary

    building design; (c) incorporate climatic

    appropriate and sustainable building principles; and

    (d) incorporate modulation (recesses and projections), fenestration (patterns of windows and openings), materials, finishes and colour which articulate the building façades and provide visual interest and variety.

    4. Deleting all references and text in the table under Schedule 2 associated with Special Use Zones No. 31 and No. 52.

    5. Amending the Scheme Map accordingly. G. BRENNAN, Mayor.

    A. BRIEN, Chief Executive Officer.

    PREMIER AND CABINET PR401*

    INTERPRETATION ACT 1984 MINISTERIAL ACTING ARRANGEMENTS

    It is hereby notified for public information that the Governor in accordance with Section 52(1)(b) of the Interpretation Act 1984 has approved the following temporary appointment—

    Hon Dr K. D. Hames, MLA to act temporarily in the office of Premier; Minister for State Development; Science in the absence of the Hon C. J. Barnett, MLA for the period 4 to 12 July 2015 (both dates inclusive).

    PETER CONRAN, Director General, Department of the Premier and Cabinet.

    ———————————

    PR402*

    INTERPRETATION ACT 1984 MINISTERIAL ACTING ARRANGEMENTS

    It is hereby notified for public information that the Governor, in accordance with Section 52(1)(b) of the Interpretation Act 1984 has approved the following temporary appointment—

    Hon M. J. Davies, MLA to act temporarily in the office of Minister for Housing; Racing and Gaming in the absence of the Hon C. J. Holt, MLC for the period 26 July to 8 August 2015 (both dates inclusive).

    PETER CONRAN, Director General, Department of the Premier and Cabinet.

    ———————————

    PR403*

    INTERPRETATION ACT 1984 MINISTERIAL ACTING ARRANGEMENTS

    It is hereby notified for public information that the Governor, in accordance with Section 52(1)(b) of the Interpretation Act 1984 has approved the following temporary appointment—

    Hon J. H. D. Day, MLA to act temporarily in the office of Minister for Police; Road Safety; Training and Workforce Development; Women’s Interests in the absence of the Hon L. M. Harvey, MLA for the period 3 to 12 April 2015 (both dates inclusive).

    PETER CONRAN, Director General, Department of the Premier and Cabinet.

  • 1274 GOVERNMENT GAZETTE, WA 10 April 2015

    PR404* DEPARTMENT OF THE PREMIER AND CABINET

    RETENTION OF THE TITLE “HONOURABLE” It is hereby notified for public information that the Governor, on behalf of Her Majesty the Queen, has approved the retention of the title “Honourable” by the Hon Justice Eric Michael Heenan, who will retire as a Judge of the Supreme Court of Western Australia on 24 June 2015.

    PETER CONRAN, Director General, Department of the Premier and Cabinet.

    ——————————— PR405*

    DEPARTMENT OF THE PREMIER AND CABINET RETENTION OF THE TITLE “HONOURABLE”

    It is hereby notified for public information that the Governor, on behalf of Her Majesty the Queen, has approved the retention of the title “Honourable” by Ms Ljiljanna Ravlich who served as a member of the Legislative Council for a continuous period in excess of ten years.

    PETER CONRAN, Director General, Department of the Premier and Cabinet.

    RACING, GAMING AND LIQUOR RA401*

    LIQUOR CONTROL ACT 1988 LIQUOR APPLICATIONS

    The following applications received under the Liquor Control Act 1988 (the Act) are required to be advertised. Any person wishing to obtain more details about any application, or about the objection process, should contact the Department of Racing, Gaming and Liquor, 1st Floor, 87 Adelaide Terrace, Perth, Telephone: (08) 9425 1888, or consult a solicitor or relevant industry organisation.

    App. No. Applicant Nature of Application Last Date

    for Objections

    APPLICATIONS FOR THE GRANT OF A LICENCE 57286 The White Elephant

    Pty Ltd Application for the grant of a Special Facility Reception Centre licence in respect of premises situated in Broome and known as Broome Convention Centre Chinatown.

    21/04/2015

    57334 Darius H Pty Ltd Application for the grant of a Restaurant licence in respect of premises situated in City Beach and known as Oddysea Beach Cafe.

    3/05/2015

    APPLICATION TO ADD, VARY OR CANCEL A CONDITION OF LICENCE 129227 North Beach Soccer

    Club Inc Application to add, vary or cancel a condition of a Club Restricted licence in respect of premises situated in North Beach and known as North Beach Soccer Club Inc

    22/04/2015

    This notice is published under section 67(5) of the Act.

    Dated: 2 April 2015. B. A. SARGEANT, Director of Liquor Licensing.

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1275

    TREASURY AND FINANCE TR401*

    ELECTRICITY INDUSTRY ACT 2004 ELECTRICITY INDUSTRY (TARIFF EQUALISATION CONTRIBUTION)

    NOTICE (NO. 1) 2015 Made by the Treasurer, under section 129D (2) of the Electricity Industry Act 2004 (the Act).

    1. Citation This notice is the Electricity Industry (Tariff Equalisation Contribution) Notice (No. 1) 2015.

    2. Commencement This notice shall take effect on 1 July 2015.

    3. Determination of tariff equalisation contribution Pursuant to section 129D (2) of the Act, the Tariff Equalisation Contribution that is payable by the Electricity Networks Corporation for the purpose of Part 9A of the Act in respect of the period, commencing on— (a) 1 July 2015 and ending on 30 June 2016 is $141,000,000; and (b) 1 July 2016 and ending on 30 June 2017 is $162,000,000.

    Dr MIKE NAHAN MLA, Treasurer.

    DECEASED ESTATES ZX401*

    TRUSTEES ACT 1962 DECEASED ESTATES

    Notice to Creditors and Claimants In the Estate of Lindsay Frank Hodges, late of Jetty F127, Port Geographe Marina, Geographe, Western Australia. 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 between 31 March 2014 and 14 April 2014, are required by the Executor of the Estate, Terrence Robert Hodges of care of Shaddicks Lawyers, PO Box 515, Busselton WA 6280, to send particulars of their claim to him by the 10th day of May 2015, after which date the Executor may convey or distribute the assets having regard only to the claims of which he then has notice.

    ——————————— ZX402

    TRUSTEES ACT 1962 DECEASED ESTATES

    Notice to Creditors and Claimants Alistair Grant Reid, late of The Pines Aged Care Facility, 167 Ponte Vecchio Boulevard, Ellenbrook, Western Australia. 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 1 January 2015 at the Pines Aged Care Facility, 167 Ponte Vecchio Boulevard, Ellenbrook aforesaid, are required by the Executors and Trustees of care of Messrs Dwyer Durack Lawyers of 8th Floor, 40 St Georges Terrace, Perth to send particulars of their claims to them by 11 May 2015, after which date the Trustees may convey or distribute the assets having regard only to the claims of which they then have notice.

  • 1276 GOVERNMENT GAZETTE, WA 10 April 2015

    ZX403* TRUSTEES ACT 1962 DECEASED ESTATES

    Notice to Creditors and Claimants Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the Estates of the undermentioned deceased persons are required to send particulars of their claims to me on or before 10 May 2015, after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice. Callingham, Jack, late of Glendalough Nursing Home, 2 Rawlins Street, Glendalough, died 2.03.2015

    (DE19831152 EM16) Dean, Lesley Elizabeth, late of 44 Chilcott Street, Calista, died 5.03.2015 (DE31054415 EM23) Donnelly, James Henry, Also Known As Jim Henry Donnelly, late of Kinross Care Centre, 71 Kinross

    Drive, Kinross, formerly of Unit B/11 Shala Lane, Joondalup, died 3.03.2015 (DE19915505 EM22) Gilby, Kay Elizabeth, late of 37 George Hibbert Road, Madora Bay, died 1.2.2015

    (DE19840148 EM16) Hull, Gregory Royden, late of 6A Matheson Road, Applecross, died 13.02.2015 (DE19910497 EM35) King, Colin, late of 25 View Street, North Perth, died 8.03.2015 (DE33081392 EM13) Manning, Raymond John, late of Wanneroo Community Nursing Home, 9 Amos Road, Wanneroo,

    died 31.01.2015 (DE19990678 EM16) Oxen, John Charles, late of Unit 10 / 190 Treasure Road, Queens Park, died 23.02.2015

    (DE33105801 EM36) Parker, David, late of 18c Rhine Way, Swan View, died 10.02.2015 (DE33083831 EM38) Vicary, Rhoda, late of 25 View Street, North Perth, died 29.12.2014 (DE19954574 EM214) Wiggins, Constance Norma, late of 3 Princess Road, Westminster, died 16.03.2015

    (DE33093581 EM15) Williams, Alice Elizabeth, Howard Solomon, 91 Hybanthus Road, Ferndale, died 13.02.2015

    (DE19993200 EM36)

    BRIAN ROCHE, Public Trustee. 553 Hay Street, Perth WA 6000.

    Telephone: 1300 746 212

    ———————————

    ZX404* 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 estates of the undermentioned deceased persons.

    Dated at Perth the 10th day of April 2015.

    BRIAN ROCHE, Public Trustee. 553 Hay Street, Perth WA 6000.

    Telephone: 1300 746 212

    ————

    Name of Deceased Address Date of Death Date Election Filed

    Audrey Betty Critch DE19800989 EM16

    4-10 Hayman Road, Bentley

    25 September 2014 24 March 2015

    Michael John Golledge DE33111290 EM16

    Pemberton Hospital, Railway Crescent, Pemberton

    5 November 2013 27 March 2015

    Charlotte McManus DE19811741 EM16

    2 Vilips Row, Bentley 16 June 2014 19 March 2015

    Brendan Ridley DE33113346 EM24

    Unit 6/437 Stirling Highway, Claremont

    1 October 2013 26 March 2015

  • 10 April 2015 GOVERNMENT GAZETTE, WA 1277

    PUBLIC NOTICES ZZ401*

    PARTNERSHIP ACT 1895 RETIREMENT OF PARTNER

    Take notice that effective from 31 May 2013, Mr Hugh Malcolm Mills of 19 Shortland Street, Lower Vogeltown in the City of New Plymouth, New Zealand, retired from the partnership known by the name “Midland Bullsbrook Veterinary Group”. Dated: 7 April 2015.

    ——————————— ZZ402*

    PARTNERSHIP ACT 1895 DISSOLUTION OF PARTNERSHIP

    Public Notice is hereby given that the partnership known by the name “Midland Bullsbrook Veterinary Group” was dissolved by mutual consent effective from 1 July 2014. Dated: 7 April 2015.

    ———————————

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  • 1278 GOVERNMENT GAZETTE, WA 10 April 2015

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