F.. WESTERN AUSTRALIA - slp.wa.gov.au AUSTRALIA (Published by ... powers conferred by the Motor...

PrincipalRegulations .

Reg . 13Aadded .

13691

F ..

WESTERN AUSTRALIA(Published by Authority at 3 p.m .)

(REGISTERED AT THE GENERAL POST OFFICE, PERTH, FOR TRANSMISSION BY POST AS A NEWSPAPER)

MOTOR VEHICLE DRIVERS INSTRUCTORS ACT, 1963 .Police Department,

Perth, 14th January, 1970 .File T.O. 64/354 .

HIS Excellency the Governor in Executive Council acting pursuant to thepowers conferred by the Motor Vehicle Drivers Instructors Act, 1963 has beenpleased to make the regulations set out in the schedule hereunder .

R. T. NAPIER,Commissioner of Police .

Schedule .Regulations .

1 . In these regulations the Motor Vehicle Drivers InstructorsRegulations, 1964, published in the Government Gazette on the 10thMarch, 1964 and amended by regulations so published on the 5thApril, 1965 and the 5th September, 1968 are referred to as theprincipal regulations .

2. The principal regulations are amended by adding immediatelyafter regulation 13 the following regulation :-

13A. (1) The Commissioner may exempt from the provisionsof the Act relating to the payment of the prescribed fee anapplication for a licence or permit from and the issue of aliicence or permit or renewal thereof to, a person who is-

(a) employed by the Education Department of WesternAustralia and is the holder of a Certificate of Com-petency issued by the National Safety Council of West-ern Australia Incorporated or any other body prescribedfor the purpose of subsection (4) of section 7 of theAct; or

(b) employed as a driving instructor by the Metropolitan(Perth) Passenger Transport Trust or within the policeforce of Western Australia .

(2) Every licence or permit issued pursuant to this regula-tion shall have specified in it a condition that the holder willnot, until the appropriate fee has been paid, act as a drivinginstructor other than in the course of his employment withthe Education Department of Western Australia or the Metro-politan (Perth) Passenger Transport Trust or the police force ofWestern Australia.

(3) The holder of a licence or permit issued pursuant tothis regulation who acts as a driving instructor otherwise thanin accordance with the conditions specified in the licence orpermit commits an offence and is liable to a penalty of tendollars .

No. 13 ]

PERTH : MONDAY, 9th FEBRUARY

[1970

370

GOV NMENT GAZETTE, W.A .

9 February, 1970 .

P.H.D . 326/65 .Ex. Co. 206 .

HIS Excellency the Governor in Executive Council, acting pursuant to theprovisions of the Poisons Act, 1964-1969, has been pleased to make the regula-tions set forth in the Schedule to the attached notice .

Commissioner of Public Health .

Schedule .

Regulations .

1. In these regulations the Poisons Act Regulations, 1965,published in the Government Gazette on the 29th June, 1965 andamended from time to time thereafter by notices published in theGovernment Gazette, are referred to as the principal regulations .

Reg . 42

2. Regulation 42 of the principal regulations is amended-amended .(a) by adding after the word, "is" in line fifteen of subregula-

tion (1), the passage, ", subject to these regulations," ; and(b) by deleting the passage, ", subject to the conditions, limita-

tions and restrictions imposed by the Commissioner" in thepenultimate and last lines of subregulation (1) .

Principalregs .

POISONS ACT, 1964-1969 .

Department of Public Health,Perth, 16th January, 1970 .

Heading andreg . 43Aadded .

3 . The principal regulations are amended by adding afterregulation 43 a heading and regulation as follows :-

Authority to procure, possess, etc. Drugs of Addiction andSpecified Drugs may be revoked, etc .

43A. The Commissioner may, by notice served upon a personreferred to in subsection (2) of section 23 of the Act, sub-regulation (1) of regulation 42 or subregulation (1) of regula-tion 43 of these regulations :-

(a) revoke, either wholly or in part, any authority con-ferred on that person by subsection (2) of section 23of the Act or by these regulations with respect to drugsof addiction and specified drugs ; or

(b) impose such conditions, restrictions or limitations asare specified in the notice on the authority conferredon that person by subsection 2 of section 23 of the Actor by these regulations, to procure, possess, manufacture,use, sell or supply any drug of addiction or specifieddrug .

HEALTH ACT, 1911-1968 .

Shire of Bayswater .P.H.D. 410/69 .Ex. Co. 207 .

WHEREAS it is provided in the Health Act, 1911, as amended that a localauthority may make or adopt by-laws and may alter, amend or repeal anyby-laws so made or adopted ; and whereas Model By-laws described as Series"A" have been prepared and amended from time to time and reprinted, pur-suant to the Reprinting of Regulations Act, 1954, in the Government Gazetteof 17th July, 1963, and further amended inter aZia by notices appearing in theGovernment Gazettes on 28th November, 1968, 17th December, 1968 and 13thAugust, 1969 : Now, therefore, the Shire of Bayswater, being a local authoritywithin the meaning of the Act and having adopted the Model By-laws, Series"A" as so reprinted in the Government Gazette of 17th July, 1963, doth hereby

9 February, 1970.]

GOVERNMENT GAZETTE, W.A .

37 1

resolve and determine that the amendments as published in the GovernmentGazettes on 28th November, 1968, 17th December, 1968 and 13th August, 1969shall also be adopted and doth further provide that the said adopted By-lawsshall be amended as follows:-

PART IX-OFFENSIVE TRADES.Substitute for Section N-Fish Shops a new Section N Fish Shops to readas follows:-In this part-"Fish"-means fresh fish, frozen fish, chilled fish and cooked fish, whether

clean, uncleaned or part clean and includes crustaceans and molluscs,but does not include fish which has been cured, preserved, hermeticallycanned or treated to prevent putrefaction or cleaned fish supplied incartons or packets by a packer, and sold in such cartons or packets,if they are at all times kept in a deep freeze refrigeration unit, at atemperature not exceeding five degrees fahrenheit .

"Fish Shop"-means any place where fish is kept or exposed for sale,' orwhere fish is cleaned, scaled, cut up or cooked for the purpose of salefor consumption otherwise than on the premises .

1. Fish Shops are classified as "A" and "B" and shall be registeredaccordingly.

2 . The occupier of an "A" Class Fish Shop may clean, part clean, scaleand cut up fish and expose fish for sale and cook fish for the purpose ofsale for consumption otherwise than on the premises .

3 . The occupier of a "B" Class Fish Shop may only expose fish forsale .

4. No occupier of a Fish Shop shall do or permit to be done any ofthe things set out in this clause, which are not permitted to be done inthe class of Fish Shop occupied by him .

5 . The occupier of every "A" Class Fish Shop shall provide a food pre-paration room in which all food shall be prepared and which shall beused solely for that purpose .The room shall comply with the following requirements :-

(a) The walls shall be constructed of brick, stone or concrete withthe internal surfaces rendered with cement and finished to asmooth surface, devoid of holes, cracks and crevices and after thecoming into force of these By-laws, no premises shall be registeredunless the angles formed by the walls with any other wall andby any wall with the floor are coved to a radius of 2 inches .

(b) The floor shall be of concrete with a smooth durable surface .(c) The minimum floor area shall be one hundred square feet.(d) The door shall be so fitted as to be self-closing .(e) The room shall be furnished with wash troughs or sinks and a

bench, the top of which shall be constructed of imperviousmaterial .

(f) The room shall be fly proofed and provided with ample light andventilation .

6 . The occupier of every Fish Shop shall have on the premises animpervious receptacle which shall be provided with an airtight covering.Such covering shall at all times be kept closed except when it is necessaryto place something in or remove something from the receptacle .

7 . The occupier of every "A" Class Fish Shop shall cause all offal andwastes to be immediately picked up and placed in such receptacle .

8. The occupier of every Fish Shop shall cause all rejected and un-saleable fish to be immediately placed in such receptacle .

9. The contents of such receptacle shall be removed from the premisesonce in each working day or at such other times as an inspector maydirect . Such receptacles shall after being emptied, be immediately cleanedwith an efficient disinfectant .

3 72

GOVER

N GAZETTE, W.A .

[9 February, 1970.

10 . The occupier of any Fish Shop shall not allow any box, basket orother container used for the transport of fish, to remain in such fish shoplonger than is necessary for the emptying of such, box, basket or con-tainer . Such boxes, baskets or containers shall be kept so as not tocause a nuisance or to attract flies .

11. The occupier of an "A" Class Fish Shop where cooking of fish iscarried on, shall provide and maintain therein, over any apparatus usedfor the cooking of fish, a hood which shall be of such a size and so designedand so placed as to arrest all effluvia, odours and smoke from the processof cooking. It shall extend a minimum of 6 inches beyond the front ofevery appliance. The underside of the hood shall be 6 feet 6 inchesabove the floor and shall be provided with such a system of mechanicalexhaust ventilation and filter as will maintain the premises at all timesfree of all effluvia, odours and smoke . The outlet of the exhaust venti-lation system shall discharge in such a manner and in such a positionthat no nuisance is created .

12. The occupier of every Fish Shop where fish is exposed for sale shallkeep all fish under efficient refrigeration.

13 . The occupier of every "A" Class Fish Shop shall cover and keepcovered all doors, window openings and other apertures on the premiseswith screens of fine mesh wire gauze, and shall cause all doors to be self-closing provided that if other efficient means to the satisfaction of theChief Health Inspector are provided, the provision of such screens may bewaived .

14. The occupier of every "B" Class Fish Shop shall comply with theprovisions of Clause 12 of this By-law or shall keep all fish in enclosurescovered by glass .

15. No occupier of a Fish Shop shall allow any decomposing fish toremain on any part of his shop .

16. Every occupier of a Fish Shop shall keep all fish in containersseparate from every other kind of food unless such food is in hermeticallysealed cans or bottles .

17. After having handled fish every person shall wash his hands beforehandling any other kind of food intended for sale .

Passed at a meeting of the Bayswater Shire Council this 1st day of October,1969.

R. A. COOK,President .

A. A. PATERSON,Shire Clerk.

Approved by His Excellency the Governor in Executive Council this 14th dayof January, 1970 .

W. S. LONNIE,Clerk of the Council .

HEALTH ACT, 1911-1968 .Shire of Brookton .

Ex. Co . 203 . P.H.D. 943/58 .WHEREAS it is provided in the Health Act, 1911, as amended, a local authoritymay of its own motion, by resolution, adopt with or without modification thewhole or any portion of by-laws caused to be prepared by the Governor underthe provisions of section 343 (1) of that Act ; and whereas Model By-lawsdescribed as Series "A", prepared in accordance with those provisions andduly amended have, pursuant to the Reprinting of Regulations Act, 1954, beenreprinted with amendments to and including that published in the GovernmentGazette on 25th June, 1963, and so reprinted have been published in theGovernment Gazette on 17th July, 1963, and further amended, inter adia, bynotices published in the Government Gazettes on 20th March, 1964 ; 8thJanuary, 1965 ; 14th April, 1966 ; 12th October, 1967 ; 30th July, 1968 ; 28thNovember, 1968 ; 17th December, 1968 ; 7th March, 1969 and 13th August, 1969 :now, therefore, the Shire of Brookton, being a local authority within the

9 February, 1970 .]

GOVERNMENT GAZETTE, W.A.

373

meaning of the Act, doth hereby resolve and determine that the said ModelBy-laws as so reprinted and published in the Government Gazette on 17thJuly, 1963, together with the amendments published in the GovernmentGazettes on 20th March, 1964 ; 8th January, 1965 ; 14th April, 1966 ; 12thOctober, 1967 ; 30th July, 1968 ; 28th November, 1968 ; 17th December, 1968 ;7th March, 1969 and 13th August, 1969, shall be adopted with the followingmodifications :-

PART I-GENERAL SANITARY PROVISIONS .Add in sequence to this Part a, new by-law 1C to read as follows :-

Provision of Apparatus for the Bacteriolytic Treatment of Sewage .1C. (1) This by-law shall apply within the Townsite of Brookton as

established under the Land Act, 1933 .(2) Except where by reason of the nature of the terrain, soil or other

peculiar circumstance it is not reasonably practical to install theapparatus, the owner of every house constructed after the cominginto operation of this by-law shall provide on the premises anapparatus for the bacteriolytic treatment of sewage, before thehouse is occupied or used .

PART IX-OFFENSIVE TRADES .The following scale of fees shall apply to Schedule "D" of this Part.In respect of-

All Offensive Trades-$2 .

Passed at a meeting of the Brookton Shire Council held on the 18th dayof December, 1969 .

J. M. BOND,President .

J. W. HUGHES,Shire Clerk .


W. S. LONNIE,Clerk of the Council.

HEALTH ACT, 1911-1968 .Shire of Koorda.

Ex. Co. 204. P.H.D. 1472/58 .WHEREAS under the provisions of the Health Act, 1911, as amended, a localauthority may make or adopt by-laws and may alter, amend or repeal somade or adopted : now, therefore, the Shire of Koorda, being a local authoritywithin the meaning of the Act and having adopted the Model By-laws,described as Series "A", as reprinted pursuant to the Reprinting of RegulationsAct, 1954, in the Government Gazette on the 17th July, 1963, doth herebyresolve and determine that the said adopted by-laws shall be amended asfollows:-

PART I-GENERAL SANITARY PROVISIONS .After By-law 29B the following By-law is added :-

Prohibiting the Slaughtering of Animals .29C . No person shall slaughter, for human consumption, any animal

within the townsite of Koorda .Passed at a meeting of the Koorda Shire Council this 17th day of December,

1969 .R. DOWNIE,

President.W. F. FELGATE,

Shire Clerk .Approved by His Excellency the Governor in Executive Council this 14th day

of January, 1970 .W. S. LONNIE,

Clerk of the Council .

374


[9 February, 1970 .

Prlaeipalby-laws.

By-law 25amended.

By-law 26amended.

By-law 27amended .

RIGHTS IN WATER AND IRRIGATION ACT, 1914 .

Department of Public Works and Water Supply,Perth, 15th January, 1970 .

HIS Excellency the Governor in Executive Council has been pleased to approveof the by-laws made pursuant to the provisions of the Rights in Water andIrrigation Act, 1914, by the Minister for Water Supply, Sewerage and Drainage(acting as the Irrigation Board for Harvey No . 1, Waroona. Harvey No. 2and Collie Irrigation Districts), set out in the Schedule hereunder .

J. McCONNELL,Under Secretary for Works.

Schedule .

By-Laws .1. In these by-laws, the by-laws for the Harvey No . 1 Irriga-

tion District, Waroona Irrigation District, Harvey No. 2 IrrigationDistrict and Collie Irrigation District published in the GovernmentGazette on the 30th July, 1937 and reprinted pursuant to theReprinting of Regulations Act, 1954, with all amendments to andincluding the 4th December, 1953, in the Government Gazette onthe 6th April, 1955 and amended from time to time thereafter bynotices published in the Government Gazette, are referred to as theprincipal by-laws .

2. By-law 25 of the principal by-laws is amended-(a) by deleting paragraph (a) ;(b) by substituting for the words "one and one-half" in line

one of paragraph (b), the word "two" ; and(c) by substituting for the word "nine", in line one of para-

graph (c), the word "twelve" .

3. By-law 26 of the principal by-laws is amended-(a) by deleting paragraph (a) of sub-bylaw (1) ;(b) by substituting for the passage "$1 .65", in line three of

paragraph (b) of sub-bylaw (1), the passage "$3 .00" ;(c) by substituting for the words "one and one-half acre feet",

in line four of paragraph (b) of sub-bylaw (1), the words"one acre foot" ;

(d) by substituting for the passage "$0.28", in line two ofparagraph (c) of sub-bylaw (1), the passage "$0 .50" ;

(e) by substituting for the word "nine", in line four of para-graph (c) of sub-bylaw (1), the word "six" ;

(f) by deleting paragraph (a) of sub-bylaw (2) ;(g) by substituting for the passage "$1 .65", in line one of

paragraph (b) of sub-bylaw (2), the passage "$3 .00; and(h) by substituting for the passage "$0.28", in line one of

paragraph (c) of sub-bylaw (2), the passage "$0 .50" .

4. By-law 27 of the principal by-laws is amended-(a) by deleting subparagraph (i) of paragraph (a) ;(b) by substituting for the passage beginning with the word

"device", in line two of subparagraph (ii) of paragraph(a), and ending with the word "supplied", being the lastword in that subparagraph, the passage "device, $3 .00 peracre foot" ;

9 February, 1970 .]


By-law 29Amended,

By-law 32Amended .

By-law 34amended.

By-law 35amended .

(c) by substituting for the passage beginning with the word"system", in line one of subparagraph (iii) of paragraph(a), and ending with the word "hours", being the last wordin that subparagraph, the passage "system, $0.50 per hour" ;

(d) by deleting paragraph (b) ; and(e) by substituting for the passage "paragraphs (a) and (b)",

in lines one and two of paragraph (c), the passage "para-graph (a)" .

5. By-law 29 of the principal by-laws is amended by sub-stituting for the passage "$3 .30", in line five, the passage "$6 .00 persupply point ." .

6 . By-law 32 of the principal by-laws is amended-(a) by substituting for the passage "$2 .75", in line three of

subparagraph (3) of paragraph (a), the passage "$3 .00" ;(b) by substituting for the passage "$2 .75", in line two of sub-

paragraph (ii) of paragraph (a), the passage "$3 .00" ;(c) by substituting for the passage "$2.75", in line five of para-

graph (e), the passage "$3 .00" ; and(d) by substituting for the proviso to paragraph (e) the follow-

ing passage :-Notwithstanding the foregoing provisions of this by-

law, the minimum annual charge shall be as follows :-$

(1) For any area not exceeding 25 acres . . . . 5 .00(2) For any area exceeding 25 acres but

not exceeding 50 acres . . . .

. . . .

. . . . 10.00(3) For any area exceeding 50 acres but not

exceeding 75 acres . . . .

. . . .

. . . .

. . . 12.00(4) For any area exceeding 75 acres but not

exceeding 100 acres . . . .

. . . .

. . . .

. . . . 15.00(5) For any area exceeding 100 acres but

not exceeding 300 acres . . . .

20.00(6) For any area exceeding 300 acres

. . . . 25 .00

7. By-law 34 of the principal by-laws is amended-(a) by substituting for the passage "$4 .40", in line six, the

passage "$5 .00" ;(b) by substituting for the passage "$22 .00", in line seven, the

passage "$25 .00" ;(c) by substituting for the passage "$0 .68", in line eight, the

passage "$1 .50" ; and(d) by substituting for the passage "$4 .40", in line nine, the

passage "$6 .00" .

8 . Sub-bylaw (2) of by-law 35 of the principal by-laws isamended-

(a) by substituting for the passage "$5 .75", in line three ofsubparagraph (i) of paragraph (a), the passage "$6.50" ;

(b) by substituting for the passage "$3 .60", in line two of sub-paragraph (ii) of paragraph (a), the passage "$4 .00" ;

(c) by substituting for the passage "$2.65", in line four ofsubparagraph (ii) of paragraph (a), the passage "$3.00" ;

(d) by substituting for the passage "$13 .20", in line two of sub-paragraph (i) of paragraph (b), the passage "$15.00"; and

(e) by substituting for the passage "$9.90", in line two of sub-paragraph (ii) of paragraph (b), the expression "$11 .00",

375

376


[9 February, 1970 .

COUNTRY AREAS WATER SUPPLY ACT, 1947-1964 .Department of Public Works,

Perth, 16th January, 1970 .THE Minister for Water Supply, Sewerage and Drainage, acting pursuant tothe provisions of the Country Areas Water Supply Act, 1947-1964, has beenpleased to make the by-laws set forth in the schedule hereunder .

J. McCONNELL,Under Secretary for Works .

Schedule .By-laws .

Principal

1 . In these by-laws, the by-laws made under and for the pur-by-laws • poses of the Country Areas Water Supply Act, 1947-1964, as re-

printed pursuant to the Reprinting of Regulations Act, 1954, in theGovernment Gazette on the 1st May, 1968 and subsequentlyamended by notices so published, are referred to as the principalby-laws .

By-law 89amended .

ThirdScheduleadded.

2. By-law 89 of the principal by-laws is amended by sub-stituting for sub-bylaw (4) the following sub-bylaw :-

(4) For the purposes of section 50 of the principal Act-(a) the financial year of a water area or part of a water

area described in Part A of the Third Schedule to theseby-laws shall be the 1st day of January to the 31stday of December ; and

(b) the financial year of a water area or part of a waterarea described in Part B of the Third Schedule to theseby-laws shall be the 1st day of July to the 30th dayof June . .

3 . The principal by-laws are amended by adding after theSecond Schedule a Third Scheule as follows :-

Third Schedule .

Part A .Country Water Area of Albany, parts of the Country Water

Area of Allanooka being the towns of Geraldton, Narngulu andWalkaway, Country Water Areas of Boddington, Carnarvon,Cue-Day Dawn, Denham, Derby, Esperance, Grass Patch,Kukerin, Lake Grace, Laverton, Leonora, Manjimup, Meeka-tharra, Mount Magnet, Mullewa, Newdegate, Onslow, Port Hed-land, Ravensthorpe, Roebourne, Wandering, Wiluna andWittenoom .Parts of the Goldfields and Agriculture Water Area being

the towns of Amery, Ardath, Baandee, Babakin, Belka, Ben-dering, Benjaberring, Beverley, Bodallin, Burracoppin, Cadoux,Cunderdin, Doodlakine, Ejanding, Elabbin, Erikin, Goomalling,Grass Valley, Hines Hill, Kalannie, Kellerberrin, Korbel, Korre-locking, Manmanning, Meckering, Meenaar, Merredin, Minnivale,Moorine Rock, Nangeenan, Nembudding, Noongar, Northam,Nukarni, Shackleton, South Kumminin, Tammin, Toodyay, Wal-goolan, Westonia, Wooroloo, Wundowie, Yelbeni and York .Parts of the Great Southern Towns Water Area being the

towns of Bullaring, Cuballing, Dumbleyung, Kojonup, Pingelly,Popanyinning, Wagin, Wickepin, Williams and Yearlering .

Part B .Parts of the Country Water Area of Allanooka being Dongara-

Denison, part of the Country Water Area of Arrino/Morawabeing Perenjori and farmlands, Country Water Areas of Augusta,Australind/Eaton, Balingup, Bolgart, Borden, Boyup Brook,

9 February, 1970 .]

Reg . 48amended.

GOVERNMENT GAZETTE, A.

377

Boyanup and Bridgetown, part of the Country Water Area ofBrunswick Junction being Brunswick Junction and Burekup andthe Country Water Areas of Broome, Calingiri, Capel, Carna-mah, Coomberdale, Corrow, Cranbrook, Denmark, Donnybrook,Dwellingup, Exmouth, Gingin, Greenbushes, Guilderton, Jerra-mungup, Jurien Bay, Kalbarri, Karigarin, Kirup, Lancelin,Margaret River, Miling, Mingenew, Moora, Mount Barker,Nannup, Northcliffe, Northampton, Nyabing, Ongerup, Pem-berton, Pinjarra, Pithara, Quinns Rock, Salmon Gums, Tam-bellup, Three Springs, Upper Swan, Walpole, Wanneroo,Waroona/Hamel, Watheroo, Wubin, Wyndham, Yarloop andYerecoin.

Parts of the Goldfields and Agriculture Water Area being thetowns of Ballidu, Barballin, Boulder, Bruce Rock, Bullfinch,Coolgardie, Corrigin, Dalwallinu, Dangin, Dowerin, Kalgoorlie,Kondinin, Koorda, Marvel Loch, Narembeen, Norseman, Quaira-ding, Southern Cross, Wongan Hills, Wyalkatchem and farm-lands and the towns of Coodanup, Furnissdale, Jarrahdale,Ravenswood and Yunderup .

Parts of the Great Southern Towns Water Area including thetowns of Allanson, Brookton, Broomehill, Collie, Darkan,Gnowangerup, Highbury, Katanning, Kulin, Narrogin, Piesse-ville and Woodanilling .

THE SHIPPING AND PILOTAGE ACT, 1967, THE JETTIES ACT, 1926-1965,AND THE WESTERN AUSTRALIAN MARINE ACT, 1948-1968 .

Harbour and Light Department,Fremantle, 16th January, 1970 .

HIS Excellency the Governor in Executive Council, acting pursuant to theShipping and Pilotage Act, 1967, the Jetties Act, 1926-1965 and the WesternAustralian Marine Act, 1948-1968, has been pleased to make the regulationsset out in the schedule hereto .

A. M . FULLER,Manager.

Schedule .

Regulations .Principal

1 . In these regulations the Navigable Waters Regulations, pub-regulations . fished in the Government Gazette on the 2nd April, 1958 and

amended from time to time by regulations published in the Govern-ment Gazette, are referred to as the principal regulations .

2. Regulation 48 of the principal regulations is amended by sub-stituting for the passage "a flag indicating "diver below" " insubparagraph (ii) of paragraph (d), the passage "International CodeFlag `A' (a swallow-tailed flag having two vertical halves ; the innerbeing white and the outer blue, indicating "diver below")'.

Rep. 59 to

3 . The principal regulations are amended by revoking regulations66 revoked . 59 to 66, both inclusive, and the headings "Division II-Crawley

Bay." and "Division III-Point Walter and the Causeway ." .

378


[9 February, 1970 .

LOCAL GOVERNMENT ACT, 1960-1969 .The Municipality of the Shire of Beverley .

By-laws Relating to the Management, Use and Letting ofBeverley Town Hall and Buildings .

L.G. 422/58 .IN pursuance of the powers conferred upon it by the abovementioned Actand of all others powers enabling it, the Council of the Shire of Beverleyhereby records having resolved on the 20th day of November, 1969, to makeand submit for confirmation by the Governor the following by-laws :-

1 . Application for the hire of the Beverley Town Hall Buildings or anyportion thereof shall be made to the Council office or appointed Caretaker notless than 24 hours before the hour at which hiring is desired .

2 . Hirings of the halls and buildings, including furniture and equipment,shall be at rates set out in the schedules hereunder .In the event of the hirer not making use of the building for the term of

engagement the full amount of the hire charge shall be forfeited except thatin the event of the hirer giving at least twenty-one days' notice of cancellationof the term of engagement only 25 per cent . of the hire charge shall beforfeited .

3. The hours for which hiring may be effected at day-time rates shall bebetween the hours of 8 a.m. and 6 p .m. Night-time rates shall be betweenthe hours of 6 p .m. and 4 a.m .

4 . Any picture right lease shall not be affected or be governed by the hallhire schedule .

5 . The hire of the hall shall not include the use of the blo box .6 . The Council may at any time demand that the hirer shall, prior to

term of engagement, deposit with the Shire Clerk an amount estimated tocover hall hire, and any damage that may occur during the term of engage-ment .

The Council may also demand that the hirer shall, prior to term of engage-ment, deposit with the Shire Clerk an amount estimated to cover excessivecleaning expenses . Such deposit to be refunded after the hiring provided thehall or building is left in a clean and tidy condition .

If the hall or building is not left in a. satisfactory condition, portion or allof the deposit may be retained by the Council .

7. The Council reserves the right to refuse to let the halls and other build-ings or any portion thereof to an applicant for hiring without assigning anyreason for such refusal .

8 . The Council may at any time cancel any arrangements made for hiringof the buildings or part thereof by giving such reasonable notice in writingas may be possible, but which shall not be less than seven (7) days .

9 . In the event of two or more applications being received for the hire ofa hall or building at one and the same time and date, the Council may, withoutconsidering priority of application, determine to which applicant the hallhiring shall be granted .

10 . The hirer of the halls and other buildings or any portion thereof shallcomply with the provisions of the Health Act or any Act or regulations inforce for the time being and applicable to the hiring and use of the buildings .If, in the opinion of the Council, all necessary actions have not been takento comply with the said Act or any Acts in force, the Council may at any timeprior to or during the term of engagement, forbid and prevent the use of suchbuilding. The hirer must accept full responsibility in the event of any disputearising in connection with the provisions or necessities of this by-law or thenon-compliance therewith .

9 February, 1970 .]

GOVERNMENT GAZETTE, W .A.

379

11 . In the event of the use of the building being forbidden or preventedunder the last preceding by-law the hirer shall forfeit the full amount of thehire charge and the Council shall not be responsible to the hirer for any lossor damage sustained.

12. No spirituous liquors, wines, ales, or spirits shall be brought into orconsumed in any part of the buildings except when permitted in writing bythe Council .

13. No smoking of tobacco, cigarettes or cigars or other matter shall bepermitted within the buildings, except by permission from the hirer or theCouncil .

14. The driving of nails, tacks, or screws, etc ., into any of the woodwork orwalls of the buildings is strictly forbidden . No internal or external decorationsare permitted to be erected without the approval of the Council .

15 . No hirer or person shall be permitted to move any plant or furnitureor effects from place to place within the buildings without the permission ofthe Council and under the supervision of the caretaker or other personappointed by the Council.

16. No hirer or person shall be permitted to remove any plant or furnitureor effects from within the buildings, without the permission of the Counciland under the supervision of the caretaker or other person appointed by theCouncil .

17. No person whilst intoxicated shall be permitted to enter or remain uponany portion of the buildings, nor be guilty of misbehaviour whatsoever nor bepermitted to use profane language, nor damage, mark or deface any wall orother part of the hall or property. Any person who does, permits or suffersany such damage shall be liable to pay cost of all such damages in addition toany penalty imposed under these by-laws .

18. No offensive impersonations or representations of living persons, oranything deemed likely to produce disturbance, riot or breach of peace, shallbe permitted within the buildings .

19. The hirer of any part or parts of the buildings shall maintain and keepgood order, and decent behaviour, within the property, and shall be solelyand entirely responsible for the carrying out and compliance with the require-ment of these by-laws, and for any damage done to the buildings, fixtures,fittings, furniture, crockeryware, etc ., and shall pay such damages as may beassessed by the Council.

Any article of glass or crockeryware, etc., broken, cracked or not accountedfor shall be replaced or be paid for at current price .

20. Any officer representing the Beverley Shire Council or other personduly authorised by the Council shall at any time be permitted free ingress tothe buildings and every part thereof and shall be given every facility for theenforcing of these by-laws.

21, No person shall take photographs or show films within the buildings orproperty unless the permission of the hirer shall have been first obtained .

22 . Persons hiring a hall or building who propose to use copyright musicin any form must enter into an agreement with the Australian PerformingRights Association Ltd . to permit of the use of copyright music . The hirermust indemnify the Council against any claims which may be made upon itIn respect of any breach of copyright .

23 . All fittings, installations, furnishings, equipment, decorations, etc .,introduced into the buildings by hirers or their agents must be removed before8 a.m. the following day or a further hiring charge will be levied unless other-wise approved .

24. Every person who does, permits, or suffers any act or matter or thingcontrary to any of these by-laws or commits or permits any breach or neglectscompliance therewith, shall be deemed guilty of an offence against theseby-laws and shall be liable to g, penalty not exceeding $40 for every suchoffence,

380 GOVERNMENT GAZETTE, W.A.

Refrigerator . .Table Knives, Table Forks, Table Spoons,

Tea Cups, Dinner Plates . . . .Sandwich Dishes (large), Cake Dishes, Salad BowlsTea Spoons, Tea Saucers, Entree Plates, Bread and Butter

Plates

. . . .Sugar Basins, Mayonnaise Jugs, Sandwich Dishes (small),

Butter Dishes . . . .

. . . .

. . . .

1.00Dessert Spoons,

5 cents per dozen .5 cents each .

3 cents per dozen .

3 cents each .

Dated this 20th day of November, 1969 .The Common Seal of the Shire of Beverley was

hereunto affixed in the presence of-G. L. KILPATRICK,

[L.S .I

President.D. RIGOLL,

Shire Clerk .Recommended-

L. A. LOGAN,Minister for Local Government .

Approved by His Exellency the Governor in Executive Council this 14th dayof January, 1970 .


[9 February, 1970.

Schedule of Charges .Schedule No . 1-Beverley Hall .

Main Hall . Lesser Hall . Kitchen . Stage . Lounge .$ $ $

Dances, Socials 6 .00 4.00 2.00 1.00Cabarets, Balls 10 .00 4.00 2.00 1 .00Concerts

Day 3.00 2.00 2.00 1 .00 1 .00Night 6.00 2.00 2.00 1 .00 1 .00

Bazaars, Fetes, Art

4.00 2.00 2.00 1 .00Display, etc . :DayNight 6.00 3 .00 2.00 1 .00

Rehearsals, Decorat-ing, etc . :Day 1.00 1 .00 2.00 1 .00 1 .00Night 2.00 1 .00 2.00 1 .00 1 .00

Meetings :Day 2.00 2 .00 2.00 1 .00Night . . . . 4 .00 3 .00 2.00 1 .00

Religious Services2.00 2 .00 2.00 1.00Day

. . . .Night 4.00 3 .00 2.00 1.00

Private Parties, Wed-dings, etc. :Day 6.00 3 .00 2.00 1.00Night

. . . .

. . . . 8.00 5 .00 2.00 1.00Horticultural Society

8.00 4 .00 2.00 1.00with precedingnight to prepare . . . .

Travelling Compan-ies :

5.00 4.00 2.00 1.00DayNight

. . . .

. . . . 10.00 6 .00 2.00 1.00Travellers Samples :

Day 4.00 3 .00 2.00 1.00Night 6.00 5.00 2.00 1.00

Sporting Activities 3.00 1.00 1.00

9 February, 1970 .7


381

CEMETERIES ACT, 1897-1966 .

The Municipality of the Shire of Dowerin .

Dowerin and Minnivale Cemeteries (Reserves 16736 and 14985) By-laws .

L.G. 899/53 .IN pursuance of the powers conferred upon it by the abovementioned Act andof all other powers enabling it, the Trustees of the Dowerin and MinnivaleCemeteries, namely, the Dowerin Shire Council and referred to throughout thetext of the by-laws as the Council, or Trustees, as the case may be, herebyrecord having resolved on the 17th June, 1969, to make and submit for confirma-tion by the Governor the following by-laws :-

1. All fees and charges payable to the Council as set forth in Schedule "A"shall be paid at the times and manner mentioned unless otherwise ordered .

2. The "secretary", as referred to in these by-laws, means the person for thetime being employed by the Council as the secretary of the cemeteries, andsuch person shall, subject to the Council, exercise a general supervision andcontrol over all matters pertaining to the cemeteries, and to the carrying outand enforcement of these by-laws, and the direction of such person shall in allcases and for all purposes be presumed to be and to have been the direction ofthe Council .

3 . The "superintendent", as referred to in these by-laws, means the personfor the time being employed by the Council as the superintendent of the ceme-tery, and such person shall, subject to the Council, have charge of the generalcare of the cemetery and supervision of monumental work and fixtures, alsothe supervision of placement of interments, the opening, closing and dressingof graves, and such other duties as are mentioned in these by-laws or ordered bythe Council .

4. A plan of the cemetery showing the distribution of the land, compart-ments, sections, situations and number of graves, and a register of all certificatesof "Rights of Burial" shall be kept at the office of the Council .

5. Any person desiring to inter any dead body in the cemetery shall make anapplication in the form contained in Schedule "B" . Upon the receipt of anapplication in the form of Schedule "B", and upon payment of the appropriatefees, the Council may issue a form of Order for Burial in accordance withSchedule "D" .

6. All applications for interment shall be made at the office of the Councilin such time as to allow at least 24 hours' notice being given to the Councilat the Council office prior to the time fixed for burial.

7. The Council shall cause_ all graves to be dug and vaults, brick graves, orgraves to be re-opened as and when required, subject to the requirements andlimitations of these by-laws .

8. Every coffin shall have upon the lid an approved metal plate bearing thename of the deceased stamped or otherwise indelibly inscribed in legiblecharacters thereon . Any coffin not complying with this by-law will not beadmitted to or be interred in the cemetery .

9. Every grave shall be at least six feet deep at the first interment, and nointerment shall be allowed in any grave with a less depth than three feetfrom the top of the coffin to the original surface of the surrounding ground .

10. In the case of an application for interment in any private vault or graveto which the deceased had no claim during life, the written and verified consentof the grantee shall be handed in with the application, in the "Form of Assign-ment of Right of Burial", Schedule "C".

11. If any application be made for an interment in any grave or vault of theremains of any person other than the person to whom the grant was issued, orhis registered assignee, the written and verified consent of such grantee orassignee shall be produced, together with the "Grant of Right of Burial",Schedule "E" .

382


9 February, 1970 .

12 . Should the grantee be unable to produce the "Grant of Right of Burial",Schedule "E", on making application for a grave to be re-opened for the purposeof interment, through having lost same, the said grantee shall make a sworndeclaration to this effect, and shall pay the fee for a copy of such "Grant ofRight of Burial" as prescribed in Schedule "A" before interment takes place .

13 . (i) Subject to paragraph (ii) of this by-law, a person shall not bringa dead body into the cemetery unless he, or his representative, hasfirst handed to the secretary for inspection and return a medicalcertificate of death or a Coroner's order for burial in respect of thebody .

(ii) Where an undertaker or his representative for a valid reason isunable to produce a medical certificate or Coroner's order for burial,as required by paragraph (f) of this by-law, and he has given to thesecretary a written guarantee to produce the certificate or orderwithin three days, he may bring the body into the cemetery .

(iii) A burial shall not be permitted in the cemetery unless the provisionsof one of the foregoing paragraphs of this by-law have been compliedwith .

(iv) Where an undertaker or his representative has given written guaran-tee as required by paragraph (ii) of this by-law and he has failed toproduce the certificate or order within three days, the undertaker'slicense may be suspended until the certificate or order is produced .

14. No interment shall be allowed on a Sunday or a public holiday, exceptwhen it is certified in writing by a medical officer of health, or by a PoliceMagistrate, or by two Justices of the Peace, that for sanitary or special religiousreasons it is necessary or advisable that the burial take place on that day .

15 . The hours for burial shall be as follows :-Monday to Friday, 10 a .m. to 4 p.m .Saturday, 9 a.m. to 12 noon .Sunday (subject to By-law 14), from 2 p .m. to 4 p .m ., and no burialshall be allowed to take place nor any coffin allowed to enter thecemeteries at any other hour except by written permission of theCouncil. No burial shall take place on Christmas Day or Good Friday .

16. The time fixed for any burial shall be the time at which the funeral isto arrive at the cemetery gates, and, if not punctually observed, the undertakerresponsible shall be liable to a fine of $1 .

17. Every funeral shall enter by the principal entrance, and no vehicleexcept the hearse and mourning coaches shall be permitted to enter the ceme-tery or stand opposite the entrance gates . Vehicles shall not be allowed toproceed faster than five miles per hour within the cemetery, and shall proceedat and by such roads as directed by the superintendent or other officer of theCouncil from time to time . Any driver or other person failing or neglectingto observe such directions may be forthwith expelled from the cemetery . Nobicycle shall be ridden within the cemetery .

18. If application be made to the Council to exhume any corpse for thepurpose of examination or identification, or for the purpose of its being buriedelsewhere in accordance with the wishes of the deceased or of his family, anorder from the Governor or the warrant of a Coroner or of a Justice of thePeace issued in accordance with the law authorising the Council to permit ofthe exhumation must be attached to the application form .

19. Children under the age of ten years entering the cemetery must be inthe charge of some responsible person .

20. Smoking shall not be allowed within the cemetery, nor any fireworksdischarged therein .

21. No dogs shall be admitted into the cemetery, and any found there shallbe liable to be destroyed .

22. Any person violating the rules of propriety and decorum, or committinga nuisance or trespass, or injuring any tree, shrub, plant or flower border,grave or any erection, or in any way infringing these by-laws shall be expelledfrom the Cemeteries .

9 February, 1970 .]

GOVERNMENT GAZETTE, W.A,

383

23 . No person shall remove any plant, tree, shrub, flower (other thanwithered flowers, which are to be placed in the receptacles provided by theCouncil), or any article from any grave without first obtaining a permit fromthe Council or its representatives .

24. No person unless authorised by Council or its representatives shall pluckany tree, plant, shrub, or flowers growing in any portion of the cemetery .

25. No person shall remove or carry out or attempt to carry out of thecemetery any tree, plant, shrub, flower, earth or other material without thewritten authority of the Council or its representatives .

26. No person shall promote or advertise or carry on within the cemeteryany trade, business, or calling, either by solicitation, distribution of circulars,by cards or otherwise, or by another system of advertising whatsoever, withoutthe written consent of the Council and any person infringing this by-law shallbe expelled from the cemetery .

27 . No person employed by the Council shall be permitted to accept anygratuity whatsoever nor shall he be pecuniarily interested in any work in thecemetery other than the remuneration he received from the Council and anysuch person proved guilty of accepting any gratuity or being pecuniarilyinterested in such work shall be liable to summary dismissal .

28. Any person requiring a Grant of Right of Burial in any part of thecemetery shall apply to the Council in writing specifying the location of thegrave. If it is proposed to inter therein the remains of any already deceasedperson the name of such person must be shown in the application . If theapplication is approved by the Council a Grant of Right of Burial shall be issuedin the form of Schedule "E" .

29. No brick grave or vault shall be constructed in any plot in respect ofwhich a Grant of Right of Burial has been issued without the authority of theCouncil first obtained, and subject also to the approval by the said Council ofthe plans and specifications of the proposed work and the execution thereof .

30. Every such grant of Right of Burial shall be subject to the by-laws forthe time being in force, and no interment in any such grave or vault shallbe allowed unless upon production of the grant aforesaid, nor shall any suchgrave or vault be opened unless with the consent of the Council .

31. Every such coffin placed in any such grave or vault shall be bricked in,cemented, and any space surrounding such coffin to be filled with charcoal,dry earth, or other suitable material and covered with a slab of stone, slateor iron, unless special written exemption be obtained from the Council .

32. In the event of such exemption being obtained from the Council eachcoffin placed in any brick grave or vault shall be properly lead lined andhermetically sealed .

33. Any person desiring to place or erect, or to alter or add' to any monument,tombstone, or enclosure in any part of the cemetery must first obtain thewritten consent and approval of the Council, and otherwise comply withsection 23 of the Cemeteries Act .

34. Every tombstone, monument, or enclosure shall be placed on proper andsubstantial foundations, which if required by the Council or its officers, shallextend to the bottom of the grave .

35 . The materials used in every such erection shall be subject to the approvalof the superintendent or other officer appointed by the Council, and anymaterial rejected shall be immediately removed from the cemetery by thecontractor for the erection . All refuse or other rubbish remaining after thework is completed shall be immediately removed from the cemetery by theperson causing the same .

36. Should any work by masons or others be not completed before a Sunday,they shall be required to leave the work in a neat and safe condition, to thesatisfaction of the superintendent .

384

GO ERNMENT GAZETTE, W.A .

[9 February, 1970 .

37. Monumental masons and other tradesmen shall before commencing workwithin the cemetery deposit with the secretary the sum of $2, which shall beforfeited if the provisions of either of the two preceding by-laws be not compliedwith to the satisfaction of the secretary .

38. Monumental masons shall not be permitted to carry on work withinthe Cemetery during other than the hours specified for the opening and closingof the gates on week days, Saturday and Sunday excepted, when no work is tobe done from noon on Saturday to the opening of the gates on the Mondaymorning, without the written consent of the Council .

39. All materials required in the erection and completion of any work shall,as far as possible, be prepared before being taken to the Cemeteries, and allmaterials required by tradesmen shall be admitted at the main entranceand no vehicle conveying any such materials with wheels less than four inchesbroad shall be permitted to enter the Cemeteries .

40. No sand, earth or other material shall be taken from any part of thecemetery for use in the erection of any monument or other work except withthe written approval of the Council .

41 . Subject to the approval of the Council, each applicant for an order forburial shall, within three months from the date of the application cause to beplaced on the grave a number plate bearing the number of the grave or vault .

42. No catacomb shall be allowed .43. No wooden fence, railing, cross or other wooden erection shall be

allowed on or around any grave or vault except by special permission of theCouncil .

44. No trees or shrubs shall be planted on any grave except such as shall beapproved by the superintendent .

45. All workmen, whether employed by the Council or by any other person,shall at all times whilst within the boundaries of the cemetery, be subject tothe supervision of the secretary, and shall obey such directions as that officermay find necessary to give ; and any workmen committing any breach of theseregulations and by-laws, or refusing or neglecting to comply with any directionsof the secretary, shall be removed from the cemetery.

46. Licenses for grave dressing or decorating may be issued by the Council,and licenses are to be renewed annually in the month of July .

47. Any person taking part in dressing or attending to any grave shall complywith the following rules :-

(a) No rubbish, soil, sand, or other material removed in dressing a graveshall be placed on any other grave, and if placed on any adjoiningground shall be removed immediately the work is completed .

(b) No sand, soil or loam shall be taken from any portion of the cemeteryfor the purpose of dressing any grave, except with the permission ofthe secretary .

(c) The dressing of all graves, and wheeling and carting of any materialshall be subject to the supervision of the secretary .

(d) Work in all cases to be carried on with due despatch only duringregulation hours .

48. The Council may decorate graves from time to time, when desired bythe grantees to do so . If the grantees do not desire the Council to carry outthis work, the grantees may either do it themselves or employ any personlicensed by the Council for that purpose .

49. No person except the relatives of the deceased, the Council or thoselicensed by the Council, shall be permitted to decorate the grave .

50 . If for the purpose of re-opening a grave, the Council finds it necessary toremove the edging tiles, plants, shrubs, etc ., from the grave, the personso ordering the re-opening shall pay to the Council the charges laid down inSchedule "A" .

9 February, 1970 .]

GOVERNMENT GAZETTE, W .A .

385

(2)-87631

51 . Prior to conducting any interment within the cemetery or making useof the cemetery for any purpose connected with interments, every undertakershall pay to the Council an annual fee as prescribed in Schedule "A", and shallreceive a. permit to hold good, during good behaviour, until the first day ofJuly next following, and unless in possession of such a permit no undertakershall be allowed to engage in or carry out any duty or work within the cemetery .

52. Notwithstanding anything contained in these by-laws to the contrary,permission may be granted to the Defence Department of the Commonwealthto erect headstones on the graves of deceased soldiers without the payment ofany fees .

53. Free ground may be granted if it is proved to the satisfaction of theCouncil :-

(a) that the deceased was a returned soldier, and that he died as a resultof injuries in war; and

(b) that the relatives of the deceased are in necessitous circumstances .Provided that such grant shall be made subject to the conditions that only

the remains of deceased soldiers shall be interred in the grave .54. Any person violating the rules of propriety and decorum, or committing

any nuisance or trespass, or injuring any tree, shrub, flower border, grave orany erection, or in any way infringing these by-laws shall be expelled from thecemetery .

55. Any person committing any breach of any by-laws or regulations orany other rules, regulations or by-laws lawfully made under the authorityof any Act relating to cemeteries, shall for every offence be liable to a penaltynot exceeding ten dollars, and in case of a continuing breach, a further sumnot exceeding two dollars for every day during which such breach continues .

56. Any person committing a breach of any by-laws in the cemetery shall,in addition to being liable to a penalty under any by-law, be liable to beforthwith removed from the cemetery by the Council or the Superintendentor other employee of the Council, or by any police constable . If such personresists removal, or if and as often as such person so removed shall, unlesswith the consent of the superintendent, again enter the cemetery within 24hours of his removal therefrom, he shall be liable to a penalty not exceedingten dollars .

57 . Grants of Right of Burial shall be in the form of Schedule "E" .58. From the date of coming into operation of these by-laws, all previous

by-laws relating to the Dowerin and Minnivale Public Cemeteries are herebyrepealed .

3 86 GOVERNMENT GAZETTE, W.A .

[9 February, 1970.

Shire of Dowerin .Schedule "A" .

Dowerin and Minnivale Cemeteries .SCALE OF FEES AND CHARGES PAYABLE TO THE COUNCIL .

1 . On application for an Order for Burial the following fees shall be payablein advance :-

(a) In all ground-

$For interment in grave six feet deep

. . . . 30.00For interment of any child under 10 years in grave six feetdeep

. . . .

. . . .

. . . .

. . . .

: . . .

20.00For interment of any stillborn child

10.00(b) On application for a "Form of Grant of Right of Burial" for-

Land, 8 ft. x 4 ft ., where directed by Council . . . .

6.00Land, 8 ft. x 8 ft., where directed by Council . . .

12.00Land, 8 ft . x 12 ft ., where directed by Council . . . .

18.00Land, 8 ft . x 4 ft ., selected by Applicant . . . .

8.00Land, 8 ft . x 8 ft ., selected by Applicant . . . .

16.00Land, 8 ft. x 12 ft., selected by Applicant . . . .

24.002. If graves are required to be sunk deeper than six feet, the following

additional charges shall be payable :-For first additional foot . . . . 2 .00For second additional foot . . . . 4 .00For third additional foot

. . . .

. . . .

6.00and so on in proportion for eac additional foo

3. For re-opening any grave-For each interment . . . . . . . . . . . . 30 .00For each interment of a child under 10 years of age . . . 20 .00For each interment of a stillborn child . . . . . . . . . . . . . . . . 10 .00For removal of edging tiles, plants, grass, shrubs, etc ., according totime required, per man per hour at . . . .

. . . . 1.504. Extra Charges for-

(a) Interment without due NOTICE under by-law 6 (all graves) . . . . 10 .00(b) Interment not in usual Hours as prescribed by By-law 15-

Monday to Friday

. . . .

. . . .

6 .00Saturday, Sunday and Public Holidays . . . . . . . . . . . . 10 .00

(c) For late arrival at cemetery gates of funeral as per By-law 16 1.00(d) Fee for exhumation (additional Charges) . . . . . . . . 10 .00(e) Re-opening grave for exhumation . . . . . . . 30 .00(f) Re-opening grave for exhumation of child under 10 years of age 20.00(g) Re-interment in new grave after exhumation 30 .00(h) Re-interment in new grave after exhumation, child under 10

years of age

. . .

20.005. Miscellaneous Charges-Registration of Transfer of Right of Burial 0 .50For copy of Right of Burial . . . . 0 .50For grave No . plate . . . . 1 .50Undertakers' annual license fee 10.00Undertakers' single license fee 2 .00Grave reservation fee 3.00Making a search in register . . . 0 .50Copy of By-laws 0.50Permission to erect headstone not exceeding 2 t. 6 in. in heightand $10 in value . . . . . . . . . . . . 2 .00

Permission to erect other headstones 4.00Permission to erect kerbing . . . . 1 .00Permission to erect monument 4.00Permission to erect name plate . . . .

0.50

9 February, 1970 .]


3 7

Answers to the folioapplication :-

Shire of Dowerin .

Schedule "B" .

Dowerin and Minnivale Cemeteries .

FORM OF INSTRUCTION FOR GRAVE AND APPLICATION FORORDER OF BURIAL .

n questions to be supplied at the time of making

Date of application19

Name of deceasedAge of deceasedLate place of residence of deceasedPlace where death occurredDate of deathRank or occupation of deceasedBirthplace of deceasedNature of the disease, or supposed cause of death. . . . . .

What compartmentWhat sectionNo. of grave on planIs it a public grave?Is it a private grave?Is the ground to be selected by applicant or by CouncilSize of groundIs a grant required, and if so, to whom?If already granted, give number of grant and name of grantee . . . . . . . . . . . .

Length and width of coffinDepth of graveIs it the first interment in the grave?Date of last interment in the graveDate of burialAt what hour, and if unusual or extraName of minister or person to officiate at graveFrom where is the funeral to start?Name of undertakerName in full and signature of person making application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Address_ .

Application received thisday19ato'clockm.No. of Burial OrderNo. in Registrar of BurialsNo. in denominational bookNo. of ReceiptNo. of Grant

NOTE: If a free interment is required, specify the name of the Magistratesigning order and date thereof .

3 88


[9 February, 970 .

Shire of Dowerin.Schedule "C" .

Dowerin and Minnivale Cemeteries .FORM OF ASSIGNMENT OF RIGHT OF BURIAL .

I, of inconsideration ofdollars andcentspaid to me by (1) of (2) do herebyassign unto the said (1) the right ofburial in that piece of ground(description of ground . . . .so as to identify) which was granted to me (or toof deceased, of whose will I am the executor,as the case may be) for the term of 50 years by a deed of grant bearing date,the day ofand all my estate and interest therein, to hold the sameunto . . . .the said (1)for the remainder of the period for whichthe same was granted, subject to the conditions on which I hold same .

Given under my hand and seal thisday ofEntered

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.B. Enter where applicable .

(1) Name in full .(2) Address and description in full .

Schedule "D".Shire of Dowerin .

Dowerin and Minnivale Cemeteries .FORM OF ORDER FOR BURIAL.

Date of ApplicationNo. of Application

THE remains ofLate of deceased, may be interred in graveNocompartment sectionof the landappropriated to the denomination.The time fixed for the burial iso'clock in thenoonon the day of19Dated thisday of19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

I, the undersigned, certify that a coffin purporting to contain the aboveremains was interred in the above ground on theday of 19Dated thisday of 19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

9 February, 1970.]


389

Schedule "E" .

Shire of Dowerin .

Dowerin and Minnivale Cemeteries .

GRANT OF RIGHT OF BURIAL .

No

No. of Application

No. of Receipt

No. of Burial Register

BY virtue of the Cemeteries Act, 1897-1957, and amendments, the Council ofthe Dowerin and Minnivale Cemeteries, in consideration of the sum of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . paid to them byhereinafter called the Grantee ofhereby grant to the said Grantee the right of burying bodies in the piece ofground eight feet longfeet broad, lying within the portion ofthe said cemetery appropriated for the burial of adherents to the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . church and numberedcompartmentsectionon the planof the cemetery made in pursuance of the said Act .To hold the same to the said grantee for the period of fifty years from thedate hereof for the purpose of burials only .

This grant issued subject to all by-laws and regulations now and hereinafterin force, made, or to be made under the above Act, or any future Act or Acts .In witness whereof the Common Seal of the said Council was hereto affixedat a meeting of the abovementioned Council held on theday of 19

On behalf of the Council,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .President .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Secretary .

Entered

This grant must be produced before any grave can be re-opened .

The Common Seal of the Municipality of theShire of Dowerin was hereto affixed this27th day of November, 1969, in the presenceof-

W. R. HAGLOOM,[L.S .]

President,A. READ,

Shire Clerk .

Recommended-L. A. LOGAN,

Minister for Local Government.



390


[9 February, 1970 .

LOCAL GOVERNMENT ACT, 1960-1969 .

The Municipality of the Shire of Perth .

By-laws relating to Cadetships .

L.G. 1035/69 .IN pursuance of the powers conferred upon it by the abovementioned Act andof all other powers enabling it, the Council of the abovementioned Municipalityhereby records having resolved, on the 9th day of December, 1969, to make andsubmit for confirmation by the Governor the following By-laws :-

The By-laws of the Shire of Perth published in the Government Gazetteof the 29th June, 1960, are hereby amended in the following manner :-

After By-law 173 the following new By-laws are inserted :-

Town Planning Cadets Attending Full Time Courses at the WesternAustralian Institute of Technology .

174 (1) Applications for appointment as a town planning cadet shallbe invited by advertisement in a newspaper circulating throughout WesternAustralia .

(2) An applicant for appointment as a town planning cadet shall-(a) have qualified for admission to the Western Australian Institute

of Technology course for an Associateship in Town and RegionalPlanning and have passed the Leaving or equivalent examinationin English, one unit of Mathematics and three other subjects :

(b) be not more than 20 years of age :(c) produce to the Shire Clerk-

(i) evidence of the qualification required under sub-clause (a)hereof and of the subjects passed in the Leaving or equiva-lent examination :

(ii) evidence of the date of his birth :(iii) evidence as to his good character :(iv) a chest x-ray examination certificate and a medical cer-

tificate from the Medical Officer of the Shire certifyingthat the applicant is in good health, of sound constitution,and not affected by any physical infirmity that would inter-fere with the proper exercise of his professional duties :

(v) the answers to a questionnaire completed by him on theform obtainable at the office of the Shire .

(3) A town planning cadet shall be articled to the Shire Clerk forthe term prescribed in By-law 174 (6) but his appointment in the firstinstance shall be subject to a period of twelve months' probation .

(4) Before the expiration of the cadet's period of probation the ShirePlanner shall report to the Shire Clerk on-

(a) the manner in which the cadet has performed his duties ;(b) the progress the cadet has made in the course of study leading to

an Associateship in Town and Regional Planning ; and(c) his general progress and . conduct .

(5) Upon receipt of the Shire Planner's report the Shire Clerk shallconfirm or annul the cadet's appointment .

(6) Subject to the provisions of By-laws 174 (9) and (10) a town plan-ning cadet shall serve for a term of three years, during which period heshall-

(a) attend the Western Australian Institute of Technology as a fulltime student in the Department of Architecture and take thecourse of study leading to an Associateship in Town and RegionalPlanning; and

(b) receive practical instruction and undergo courses of training asmay be determined by the Shire Planner,

9 February, 1970.]


391

(7) A town planning cadet shall be granted leave without pay to attendthe Western Australian Institute of Technology as a full time studentduring the official terms and the annual examination period of eachacademic year .

(8) The whole of the period of cadetship not required in attendance atthe Western Australian Institute of Technology shall be spent in theservice of the Shire under the direction of the Shire Planner, but theShire Planner may approve of mid-term vacations being treated as studyleave with payment of sustenance allowance as provided by By-law 174 (18) .

(9) A cadet shall be deemed not to have completed his cadetship untilhe has-

(a) served the prescribed term of cadetship or any due extensionthereof; and

(b) passed the final examination of the Western Australian Instituteof Technology for an Associateship in Town and Regional Plan-ning .

(10) If at the end of the prescribed term of his cadetship a cadet hasnot passed the qualifying examinations for the Associateship referred toin By-laws 174 (6) to 174 (9) his cadetship may be extended at the dis-cretion of the Shire Clerk for a further period not exceeding two years .

(11) At any time after a cadet has completed one year of the prescribedterm of cadetship if in the opinion of the Shire Planner the cadet'sprogress or general conduct or both have not been satisfactory his cadet-ship may be cancelled by the Shire Ceerk .

(12) A town planning cadet shall as soon as he is eligible to do sobecome a student member of the Australian Planning Institute .

(13) During the whole term of his cadetship and any extension thereofa cadet shall be subject to the Act and these By-laws relating to thepermanent staff to the extent to which those provisions are capable ofbeing applied with or without adaptation to the cadet .

(14) Annual leave shall be granted to a cadet equivalent to that pre-scribed by the Shire of Perth Officers' Award No . 2 of 1965 as amendedfrom time to time and the time spent in attendance at the Western Aus-tralian Institute of Technology shall count towards qualification in anyyear for the computation of such leave .

(15) All time actually served in the employment of the Shire duringthe term of cadetship shall count as service for computation of thequalifying period for entitlement to long service leave but periods of leavewithout pay to attend the Western Australian Institute of Technology orfor any other reason shall not count as service for such entitlement .

(16) (1) A cadet shall be entitled to sick leave on the basis providedfor in the Shire of Perth Officers' Award No. 2 of 1965 as amended fromtime to time such leave to be paid at the rate of-

(a) if the cadet is on leave attending the Western AustralianInstitute of Technology at the time the sick leave is required, thesustenance allowance he is in receipt of at that time under By-law174 (18) ; or

(b) if the cadet is actually employed in the service of the Shire atthe time the sick leave is required, the service rate .

(2) In calculating the sick leave entitlement under paragraph (1)hereof the time spent by the cadet in attendance at the Western Aus-tralian Institute of Technology shall be regarded as service with theShire.

(17) The remuneration of a cadet during periods of service with theShire shall be in accordance with a scale of salaries prescribed by theShire from time to time, and shall provide for advancement in rates foreach year of the prescribed term of cadetship, but that advancement fromyear to year shall be subject to satisfactory progress reports from theWestern Australian Institute of Technology and to receipt by the ShireClerk of a satisfactory report from 'the Shire Planner as to the conduct,diligence and efficiency of the cadet,

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[9 February, 1970 .

(18) During the periods of leave without pay granted to a cadet for thepurpose of attending the Western Australian Institute of Technologyduring the official terms and the annual examination period of eachacademic year a sustenance allowance at a weekly rate as determined bythe Shire from time to time shall be paid to the cadet but-

(a) the payment of the allowance may be suspended at any time bythe Shire Clerk on receipt of an unsatisfactory report from theWestern Australian Institute of Technology or the Shire Planner ;

(b) the payment of the allowance shall not be made during anyperiod when with the approval of the Shire Clerk a year of studyat the Western Australian Institute of Technology is repeated ;and

(c) the payment of the allowance shall not be made for any periodof leave without pay granted for purposes other than to attendthe Western Australian Institute of Technology during the officialterm and the annual examination period of an academic yearexcept as provided in By-law 174 (8) or for any periods of absencefrom Institute classes in respect of which a cadet is unable tofurnish a satisfactory explanation .

(19) The Shire shall pay on behalf of the cadet his compulsory Institutetuition fees but where with the approval of the Shire Clerk the cadetrepeats a year of study or units of the course of study the cadet shall defraythe cost of tuition fees for that year or for those units .

(20) A cadet who has satisfactorily completed his cadetship shall if heis so required be employed as a probationary Town Planning Assistant fora period of one year and thereafter serve for a period of three yearsas an appointed Town Planning Assistant or Town Planning Officer as maybe determined by the Shire Clerk .

(21) Employment during the first year as a probationary Town PlanningAssistant shall be at the minimum salary for Town Planning Assistant asprescribed by the Shire of Perth Officers' Award No . 2 of 1965 as amendedfrom time to time and on appointment thereafter as Town Planning Assist-ant or Town Planning Officer the rate of salary shall be an appropriaterate contained in the Award as may be determined by the Shire Clerk .

(22) Notwithstanding the foregoing provisions of these By-laws theShire Clerk may appoint as a cadet a• person who has completed not lessthan one year of the course in Town and Regional Planning at the WesternAustralian Institute of Technology and in any such case may vary theperiod and conditions of cadetship and the period of service requiredfollowing completion of cadetship .

(23) Before a person is accepted as a cadet an agreement in the formor to the effect of the form following this By-law shall be executed by theperson his legal guardian and the guardian's wife or husband as thecase requires and the Shire Clerk .

THIS INDENTURE made the

day of

Onethousand nine hundred andBETWEEN: (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .of (b) in the Stateof Western Australia (hereinafter called "the cadet") of the first part(c) of (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the (e) of the cadet and (c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

of

(b) in the saidState (d) the (e). . . . . .

(hereinafter with their respectiveexecutors and administrators referred to as "the guardians") of the secondpart and (f) the Shire Clerk of theShire of Perth (hereinafter with his successors in office referred to as"the Shire Clerk") of the third part .

9 February, 1970 .]


WITNESSETH that the parties hereto do hereby mutually agree anddeclare as follows :-

1.-The cadet of his own free will and accord with the consent ofthe guardians hereby places and binds himself to serve the ShireClerk as a Town Planning Cadet for the term of three years fromtheday ofOne thousand nine hundred and_ and for any additional period required to complete satis-factorily his cadetship under and subject to the by-laws of the Shireof Perth .

2.-The cadet will during the said term well and truly serve theShire Clerk as a Town Planning Cadet and will in all respects and atall times observe perform and comply with the obligations on thepart of the cadet contained in the by-laws of the Shire and shallcomply with the directions of the Shire Clerk and the Shire Plannerof the Shire of Perth .

3.-When the cadet shall have satisfactorily completed his cadet-ship and obtained his certificate of qualification he will if requiredto do so serve the Shire of Perth for a period of four years inaccordance with and subject to the provisions contained in the By-lawsof the Shire .

4 .-(1) If from any cause whatsoever the cadet shall fail to com-plete his cadetship satisfactorily as required by these presents orshall fail to observe perform and comply with the obligations on thepart of the cadet contained herein or shall be required to leave thecourse of cadetship or subsequent employment in the Shire of Perthduring the term herein specified by reason of misconduct idlenessdisobedience non-attendance irregular or unpunctual attendance wantof interest in work or immoral conduct then in such cases the guar-dians hereof shall jointly be liable for and forthwith on demandshall pay to the Shire Clerk as ascertained damages and not by wayof penalty for such breach or failure a sum of money equivalentto the sum total of all sustenance allowance payments made to thecadet and compulsory tuition fees paid on behalf of the cadet asspecified in the by-laws of the Shire less the deductible amount ifany ascertained in accordance with sub-clause (2) of this clause .

(2) (a) The sum total of all sustenance payments made to thecadet and compulsory tuition fees paid on behalf of the cadet pur-suant to the said By-laws shall be divided by the number of weeksthat the cadet is bound to serve under Clause 3 . of this Indenture .

(b) The sum shown as the resultant quotient shall be multiplied bythe number of weeks if any that the cadet has served of the periodreferred to in Clause 3 . of this Indenture .

(c) The sum shown as the product shall be the deductible amountto which sub-clause (1) of this clause relates .

(3) In ascertaining the amount in accordance with sub-clause (2)of this clause a fraction of a week shall be treated as one week .

5.-(l) Where at any time during the term of the cadetship theShire Clerk is of the opinion that the progress of the cadet is unsatis-factory he may suspend his cadetship for a period not exceeding twelvemonths .

(2) During the period of suspension no sustenance allowance pay-ment and compulsory tuition fees are payable to or on behalf of thecadet .

(3) Where the cadet is suspended for a period pursuant to thisclause if the cadetship is resumed the cadetship shall continue underand subject to this Indenture and the period of suspension shall bedisregarded in calculating the term of the cadetship .

6.-In consideration of the premises the Shire Clerk will duringthe said term take and accept the cadet and employ him and instructhim or cause him to be employed and instructed as a Town PlanningCadet under and in accordance with the By-laws of the Shire ofPerth .

393

394


IN WITNESS WHEREOF the said parties have hereunder set their handsand seals the day and year first hereinbefore written .

SIGNED SEALED AND DELIVER-ED

or parent or guardian and his or her wife or husband as the case maybe. (d) Occupation. (e) Parents or parent or guardian and his or herwife or husband as the case may be . (f) Full name of Shire Clerk .

Administrative or Accounting Cadets Attending Part Time at theWestern Australian Institute of Technology .

(24) Applications for appointment as an administrative or accountingcadet shall be invited by public advertisement in a newspaper circulatingthroughout Western Australia .

(25) An applicant for appointment as an administrative or accountingcadet shall-

(a) have qualified for admission to the Western Australian Instituteof Technology course in either Administration or Accounting andhave passed the Leaving or equivalent examination in English oneunit of Mathematics and three other subjects :

(b) be not more than 20 years of age :(c) produce to the Shire Clerk-

(i) evidence of the qualification required under sub-clause (a)of this clause and of the subjects passed in the Leavingor equivalent examination :

(ii) evidence of the date of his birth :(iii) evidence as to his good character :(iv) a chest x-ray examination certificate and a certificate from

the Medical Officer of the Shire certifying that the appli-cant is in good health of sound constitution and notaffected by any physical infirmity that would interfere withthe proper exercise of his duties :

(v) the answers to a questionnaire completed by him on theform obtainable at the office of the Shire .

(26) An administrative or accounting cadet shall be articled to the ShireClerk for the term prescribed in By-law 174 (29) but his appointment inthe first instance shall be subject to a period of twelve months' probation .

(27) Before the expiration of the cadet's period of probation theTreasurer and Assistant Shire Clerk shall report to the Shire Clerk on-

(a) the manner in which the cadet has performed his duties .

9 ebruary, 1970 .

by the said (a)in the presence of-

SIGNED SEAT RD AND DELIVEREDby the said (c)in the presence of-

SIGNED SEALED AND DELIVEREDby the said (c)in the presence of-

SIGNED SEATED AND DELIVEREDby the said (f)in the presence of-

(a) Full name of Cadet . (b) Address . (c) Full names of parents

9 February, 1970 .]


395

(b) the progress the cadet has made in the course of study leadingan Associateship in Administration or Accounting; and

(c) his general progress and conduct .

0

(28) Upon receipt of the reports of the Treasurer and Assistant ShireClerk the Shire Clerk shall confirm or annul the cadet's appointment .

(29) Subject to the provisions of By-laws 174 (32) and (33) a cadetshall serve for a term of seven years during which period he shall-

(a) be employed on practical training duties as directed by the ShireClerk during each year of the cadetship or any due extensionthereof

(b) in each year attend classes at the Western Australian Institute ofTechnology during working hours in each week of the academicyear in accordance with an approved schedule of studies providedhowever that where the study schedule provides for AdministrativeCadets to complete the Associateship course in six years the sevenyear term shall include study in the seventh year of units of theDiploma course in Local Government of the Perth TechnicalCollege as provided in clause (c) hereof :

(c) in each year of the cadetship other than the first year attendthe Perth Technical College in his own time or study by corres-pondence units of the Diploma in Local Government course asprescribed in the schedule of studies :

(d) complete the requirements for an Associateship in Administrationin six years and the requirements for an Associateship inAccounting in seven years :

(e) complete the requirements of the Diploma in Local Governmentin seven years Administrative Cadets being qualified in the courseaccepted for qualification as Clerk of a Council and AccountingCadets being qualified in the course accepted for qualification asTreasurer of a Council .

(30) A cadet shall be granted leave with pay to attend classes at theWestern Australian Institute of Technology as prescribed in By-law 174(29) and for the annual examination period of each academic year butpayment shall not be made for time spent in attendance at the PerthTechnical College .

(31) The whole of the period of cadetship not required in attendanceat the Western Australian Institute of Technology shall be spent in theservice of the Shire under the direction of the Shire Clerk and the cadetshall attend at the hours normally observed by the salaried staff.

(32) An administrative or accounting cadet shall not be deemed tohave completed his cadetship until he has-

(a) served the prescribed term of cadetship or any due extensionthereof ; and

(b) passed the final examination of the Western Australian Instituteof Technology for an Associateship in either Administration orAccounting ; and

(c) passed the final examination of the Perth Technical College inthe appropriate Diploma course in Local Government .

(33) If at the end of the prescribed term of his cadetship a cadet hasnot passed the examinations referred to in By-law 174 (32) his cadetshipmay be extended at the discretion of the Shire Clerk for a further periodnot exceeding two years .

(34) At any time after a cadet has completed one year of the prescribedterm of cadetship if in the opinion of the Shire Clerk the cadet's progressand general conduct or both have not been satisfactory his cadetship may becancelled by the Shire Clerk .

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[9 February, 1970 .

(35) A cadet shall as soon as he is eligible to do so become a studentmember of an appropriate professional Institution .

(36) During the whole term of his cadetship and any extension thereofa cadet shall be subject to the Act and these By-laws relating to thepermanent staff to the extent to which those provisions are capable ofbeing applied wih or without adaptation to the cadet .

(37) Annual leave and sick leave shall be granted to a cadet underthe conditions as they are applicable and on the basis of that providedfor in the Shire of Perth Officers' Award No. 2 of 1965 as amended fromtime to time and credit of service for computation of the qualifying periodfor entitlement to long service leave shall be granted in accordance withthe By-laws governing long service leave but the time spent in attendanceat the Western Australian Institute of Technology shall count as servicefor computation of such leave .

(38) The remuneration of a cadet shall be in accordance with a scaleof salaries prescribed by the Shire from time to time and shall providefor advancement in rates for each year of the prescribed term of cadet-ship but advancement from years to year shall be subject to satisfactoryprogress reports from the Western Australian Institute of Technology andthe receipt by the Shire Clerk of a satisfactory report from the Treasurerand the Assistant Shire Clerk as to the conduct diligence and efficiencyof the cadet and where with the approval of the Shire Clerk a cadetis required to repeat a year of study or to repeat units of the course ofstudy the term of cadetship may be required to be extended the rate ofremuneration to be paid the cadet during such period of extension shallbe that determined by the Shire Clerk .

(39) Payment of salary shall not be made for any period of leavegranted for purposes other than attendance at the Western AustralianInstitute of Technology during the official term and examination periodof an academic year or for any periods of absence from the Instituteclasses in respect of which a cadet is unable to furnish a satisfactoryexplanation.

(40) The Shire shall pay on behalf of the cadet his compulsory Tech-nical College and Institute tuition fees but where with the approval of theShire Clerk the cadet repeats a year of study or units of the course ofstudy the cadet shall defray the costs of tuition fees for that year orthose units .

(41) A cadet who has satisfactorily completed his cadetship shall if heis so required be appointed as a classified officer in a grade determined bythe Shire Clerk and serve the Shire for a period of four years followingsuch appointment .

(42) Appointment as a classified officer shall be at the minimum salaryrate for the classification to which the cadet is appointed under theShire of Perth Officers' Award No. 2 of 1965 as amended from time totime but after twelve months' service the Shire Clerk may appoint suchofficer to a higher classification .

(43) Notwithstanding the foregoing provisions of these By-laws the ShireClerk may appoint as a cadet a person who has completed not less thanone year of the Associateship course in either Administration or Accountingat the Western Australia Institute of Technology and in any such casemay vary the period and conditions of cadetship and the period of servicerequired following completion of cadetship and appointment as a classifiedofficer .

(44) Before a person is accepted as a cadet an agreement in the form orto the effect of the form following this By-law shall be executed by theperson his legal guardian and the guardian's wife or husband as the caserequires and the Shire Clerk.

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397

THIS INDENTURE made theday ofOne thousandnine hundred and

BETWEEN : (a)

of (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the State of Western Australia (hereinafter

called "the cadet") of the first part (c) of in the said State (d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the

(e) of

the

cadetand (c) of (b)in the said State (d) the (e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of the cadet (hereinafter with their respectiveexecutors and administrators referred to as "the guardians") of thesecond part and (f) the Shire Clerk of the Shireof Perth (hereinafter with his successors in office referred to as "theShire Clerk") of the third part.

WITNESSETH that the said parties hereto do hereby mutually agree anddeclare as follows :-

l .-The cadet of his own free will and accord with the consent ofthe parties of the second part hereby places and binds himself toserve the Shire Clerk as (g)for the term ofyears from theday ofOnethousand nine hundred andand for any additionalperiod required to satisfactorily complete his cadetship under andsubject to the By-laws of the Shire of Perth .

2 .-The cadet will during the said term well and truly serve theShire Clerk as an (g) and will in all respectsand at all times observe perform and comply with the obligationson the part of the cadet contained herein and in the By-laws of theShire and shall comply with the directions of the Shire Clerk theAssistant Shire Clerk and the Treasurer of the Shire of Perth .

3.-During the seven year period of cadetship the cadet shall beemployed on practical training duties and in each year shall be allowedpaid leave in each week of the academic year to attend classes in anAssociateship course in Administration or Accounting at the WesternAustralian Institute of Technology in accordance with the scheme ofstudy determined by the Shire Clerk . The cadet shall also attendclasses in his own time at the Perth Technical College during theterm of the cadetship to study for a Diploma. in Local Governmentor shall study by correspondence units of the Diploma in Local Govern-ment as prescribed in the schedule of studies . During the period ofcadetship the cadet shall be paid a salary at a scale prescribed forcadets by the Shire Clerk from time to time and shall be grantedthe conditions applicable to officers employed under the Shire of PerthOfficers' Award .

4.-When the cadet shall have satisfactorily completed his cadet-ship and obtained his certificates of qualification he will if requiredto do so serve the Shire of Perth for a period of four years in accordancewith and subject to the provisions contained in the By-laws of theShire .

5.-(1) If from any cause whatsoever the cadet shall fail to completehis cadetship satisfactorily as required by these presents or shall failto observe perform and comply with the provisions herein containedor shall be required to leave the course of cadetship or subsequentemployment in the Shire of Perth during the term herein specifiedby reason of misconduct idleness disobedience non-attendance irregularor unpunctual attendance want of interest in work or immoral conductthen in such cases the guardians shall jointly be liable for and forth-with on demand shall pay to the Shire Clerk as ascertained damagesand not by way of penalty for such breach or failure a sum of money

398

9

equivalent to half the sum total of salary paid to the cadet for theworking time spent in attendances at the Western Australian Instituteof Technology and compulsory tuition fees paid on behalf of thecadet less the deductible amount if any ascertained in accordance withsub-clause (2) of this clause .

(2) (a) The sum total of all payments made during the period ofcadetship for working time spent in attending at the Western AustralianInstitute of Technology and compulsory tuition fees shall be calculatedand one-half of the amount of the said total payments shall bedivided by the number of weeks that the cadet is bound to serveunder Clause 4. of this Indenture .

(b) The sum shown as the resultant quotient shall be multipliedby the number of weeks if any that the cadet has served of theperiod referred to in Clause 4 . of this Indenture .

(c) The sum shown as the product shall be the deductible amountto which sub-clause (1) of this clause relates .

(3) In ascertaining the amount in accordance with sub-clause (2)of this clause a fraction of a week shall be treated as one week .

6.-(1) Where at any time during the term of the cadetship theShire Clerk is of the opinion that the progress of the cadet isunsatisfactory he may require that a year of the cadetship be repeatedand during that year no increase in salary will be granted or compul-sory tuition fees paid .

(2) Where the cadetship year is so repeated and progress in thecadetship resumed the cadetship shall continue under and subject tothis Indenture and the repeated year of cadetship shall be disregardedin calculating the term of the cadetship .

In consideration of the premises the Shire Clerk will during thesaid term take and accept the cadet and employ him and instructhim or cause him to be employed and instructed as an (g)c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . under and in accordance with thisIndenture .

IN WITNESS WHEREOF the said parties have hereunto set their handsand seals the day and year first hereinbefore written .

SIGNED SEALED AND DELIVEREDby the said (a)in the presence of-

SIGNED SEALED AND DELIVEREDby the said (c)

the presence of-

SIGNED SEALED AND DELIVEREDb

e said (c)in the presence of-

SIGNED SEALED AND DELIVEREDby the said (f)in the presence of-

(a) Full name of cadet . (b) Address . (c) Full names of parentsor parent or guardian and his or her wife or husband as the casemay be . (d) Occupation . (e) Parents or parent or guardian and hisor her wife or husband as the case may be . (f) Full name of ShireClerk. (g) Administration or Accounting cadet attending the WesternAustralian Institute of Technology .

ary, 1970 .

9 February, 1970 .]


399

Dated the 9th day of December, 1969 .The Common Seal of Shire of Perth was

hereunto affixed by authority of a resolu-tion of the Council in the presence of-

M. STARKE,[L.S .]

President .LLOYD P. KNUCKEY,

Shire Clerk .


Minister for Local Government.

Approved by His Excellency the Governor in Executive Council the 14th dayof January, 1970 .



The Municipality of the Shire of Perth .

By-laws relating to Beaches and Bathing.L.G. 972/63 .

IN pursuance of the powers conferred upon it by the abovementioned Act andof all other powers enabling it the Council of the abovementioned Municipalityhereby records having resolved on the 9th day of December, 1969, to makeand submit for confirmation by the Governor the following By-laws :-

The By-laws of the Shire of Perth published in the Government Gazetteof the 29th June, 1960, are hereby amended in the following manner :-

1 . By-laws 280 (1), 281 (1), 282 (1), 283 (1), 289 (1), 290 (2),290 (3), 292 (9), 293 (1), 293 (2) and 294 (1) are altered by deletingthe passage `Beach Inspector' wherever occurring and by the sub-stitution in its place of the word `Ranger' .

2. By-law 293 is altered by the addition at the end thereof ofthe following :-

(3) No person shall ride or drive a horse along a beach or bathea horse except in the area bounded on the north by a lineextending westwards from the centre line of Kay Street and onthe south by the District Boundary. This paragraph shall inno way restrict the powers of a Ranger under the precedingparagraphs of this By-law .

3. By-law 294 (1) is altered by the deletion of the word `inspector'and by the substitution in its place of the word `ranger' .

4. By-law 296 is deleted and the following new By-law is insertedin it place-

Rangers.296 . (1) The Council may appoint any active member of a

volunteer life saving club or of a surf board riding club as an"honorary ranger on beach patrol duties" under these by-laws ;Provided that a member so appointed shall not prosecute anyperson for a breach of any of these by-laws but shall report allbreaches to the Council or to a Ranger .

(2) Every Constable or Officer of Police shall have the powersof a Ranger under these by-laws .

400

V

ETTE, W.A .

[9 February, 1970 .

(3) A Ranger may demand the name and address of a personsuspected of being guilty of a breach of any of these by-laws andsuch person shall comply with such demand.(4) No person shall obstruct or hinder a Ranger or honorary

ranger or life saving attendant in the performance of his dutiesor in the exercise of the powers and authorities granted to himby these by-laws .

(5) The Council shall supply each Ranger with a writtenappointment signed by the Shire Clerk and with a badge in theshape of a shield bearing the word "Ranger" . Every Rangerwhen on duty shall wear such badge on the front of his dressor bathing costume or if not wearing the badge shall produce hiswritten appointment if demanded of him when exercising authorityunder these by-laws . '

5. The Seventh Schedule is altered in the following manner:-( .) by the deletion of the passage "Brighton Road" appearing in

the item Scarborough Beach and by the substitution in itsplace of the passage "Kay Street" .

(ii) by the deletion of the word "northern" appearing in theitem Trigg Island and by the substitution in its place of theword "southern" .

Dated the 9th day of December, 1969 .The Common Seal of Shire of Perth was

hereunto affixed by authority of a resolu-tion of the Council in the presence of-

M. STARKE,[L.S .]

President .LLOYD P. KNUCKEY,

Shire Clerk .


Minister for Local Government .

Approved by His Excellency the Governor in Executive Council the 14thday of January, 1970 .



The Municipality of the Town of Kalgoorlie .By-laws Relating to the Prohibition of Obstructions of Streets, Ways .

Footpaths .L.G. 1067/69 .

IN pursuance of the powers conferred upon it by the abovementioned Act andof all other powers enabling it, the Council of the abovementioned Municipalityhereby records having resolved on the 12th May, 1969 to make and submit forconfirmation by the Governor the following By-laws :-

(1) No person shall pack or unpack or cause to be packed or unpacked anygoods, wares or merchandise or any articles of any discription on any part of astreet.

(2) No person shall allow any coal, shavings, hay, straw, paper or othermaterial during the progress of work or during the loading or unloading orpacking or unpacking of any goods to be blown about or upon any street.

9 February, 1970 .]

GOVERN

T GAZETTE, W .A .

401

(3)-67631

(3) No person shall on any street, scatter or throw down any handbill,ticket, placard or notice or on any street give out or distribute to passers-byany handbill, ticket, placard or notice without first having obtained permissionin writing from the Council so to do .

(4) No person shall, except for the purpose of delivering the same, permitgoods or merchandise, including coal, charcoal, firewood, soil, fertilisers andbuilding material to remain in a street, way, footpath or other public place,nor in the case of goods or merchandise being delivered, shall permit thegoods or merchandise to remain in a street, way, footpath or other publicplace for a longer period than is necessary for delivering the goods ormerchandise into the place of delivery .

(5) No person shall deposit any rubbish, vegetable substance, gardenclippings, or any offensive noxious or dangerous substance, or any bottles,utensils, glasses, cans or any litter in any street, way, footpath or other publicplace .

(6) No person shall transport or carry on any street any sand, ash, dust,sawdust, or any substance which gives off dust or fumes, unless the vehicleor container in which the same is carried is sufficiently covered to preventsuch substance or part thereof, or the fumes therefrom, from blowing from orescaping from such vehicle or container .

(7) Any person who contravenes these By-laws is guilty of an offence, andis liable to a penalty of $100.00 and, in addition, to a daily penalty of $10 .00for each day during which the offence continues .

Dated this 24th day of December, 1969 .The Common Seal of the Town of Kalgoorlie

was hereto affixed in the presence of-H. A. HAMMOND,

[L.S.]

Mayor.D. R. MORRISON,

Town Clerk .






The Municipality of the Shire of Three Springs .

By-laws Relating to Clearing of Land and Removal of Refuse, Rubbish andDisused Material .

L.G. 1057/69 .IN pursuance of the powers conferred upon it by the abovementioned Act and ofall other powers enabling it, the Council of the abovementioned Municipalityhereby records having resolved on the 11th November, 1969, to make and submitfor confirmation by the Governor the following by-law :-

1. In these By-laws-"Council" means the Three Springs Shire Council ."District" means the townsites of Three Springs and Arrino .

2. If there is-(a) on any vacant land within the district any trees, scrub, under-

growth, or rubbish; or

402


9 February, 1 0 .

(b) on any land within the district any refuse, rubbish or disusedmaterial whether of the same kind as, or a different kind fromthose here specified, which in the opinion of the Council is likelyto affect adversely the value of adjoining property or the health,comfort or convenience of the inhabitants thereof ;

the Council may cause a notice under the hand of the Shire Clerk to beserved on the owner or occupier of such land requiring him, within the timespecified in such notice, to clear the land of such trees, scrub, undergrowthor rubbish, or remove such refuse, rubbish or disused material from suchland .

3. Every owner or occupier of land upon whom a notice is served underBy-law 2 of these by-laws shall comply with such notice within the timetherein specified .

4. Where the owner or occupier does not clear the land or remove therefuse, rubbish or disused material as required by the notice given by theCouncil, the Council may, without payment of any compensation in respectthereof, clear or remove it, and dispose of it at the expense of', and recoverin a court of competent jurisdiction the amount of the expense, from theowner or occupier to whom the notice was given .

5. Any person who fails to comply with any notice served under By-law2 of these by-laws commits an offence against these by-laws and on con-viction shall be liable to a penalty not exceeding forty (40) dollars .

Dated this 17th day of December, 1969 .The Common Seal of the Shire of Three Springswas hereunto affixed in the presence of-

P. L. MILLARD,[L.S .]

President .H. J. WALSTER,

Shire Clerk .






Municipality of the Shire of Woodanilling .

By-laws for the Control and Management of the WoodanillingSportsground Pavilion, Equipment and Property on Reserve No . 5967 .

L.G. 1040/69 .IN pursuance of the powers conferred upon it by the abovementioned Act, andof all other powers enabling it, the Council of the abovementioned Municipalityhereby records having resolved on the Fourteenth day of October, 1969, to makeand submit for confirmation by the Governor, the following By-Laws :

1 . Applications for the hire of the buildings, equipment or propertyreferred to in these By-laws shall be made to the office of the Councilnot less than 24 hours before the hour in which hiring is desired . Seasonhiring may be undertaken with the approval of the Council . A registerof hiring shall be maintained in the Council offices .

2. Hiring of the buildings and property, including furniture and equip-ment shall be at rates set out in the Schedule hereunder.

9 February, 1970 .]


403

3. The hours for which hiring may be effected at day time rates shall befrom 8.00 a.m. to 7.00 p.m . Evening rates shall be from 7.00 p.m. tomidnight .

4. The Council may, at any time, demand that the hirer shall, prior toterm of engagement, deposit with the Council an amount estimated tocover hall hire and any damage that may occur during the term ofengagement .

5. The Council reserves the right to refuse hiring to an applicant withoutassigning any reason for such refusal .

6. The Council may, at any time, cancel any agreement for hiring, withoutassigning any reason for such cancellation .

7. The hirer shall comply with the provisions of the Health Act, andany other Act in force for the time being, applicable to such hiring ofbuildings .

8. No spirituous liquors, w ne, ale or spirits, shall be brought into, orconsumed upon, any portion of the property except when permitted, inwriting, by the Council .

9 . No hall, plant, furniture, fittings or effects, cutlery, crockery, glass-ware or other utensils, or materials of any kind, shall be hired or loanedwithout the permission of the Council .

10. The permission of the Council must be obtained before any internal,or external, decorations are erected or before any nails, tacks or screwsor fastenings etc . are driven into any woodwork or walls of the pavilion .

11 . The hirer of any part, or parts, of the building shall maintain andkeep good order and decent behaviour, within the property, and shall besolely and entirely responsible for the carrying out and compliance withthe requirements of these By-Laws and for any damage done to the build-ings, fixtures, fittings, furniture, crockeryware, etc . and shall pay suchdamages as may be assessed by the Council .

12. Any officer representing the Woodanilling Shire Council, or otherperson duly authorised by the Council shall, at any time, be permittedfree ingress to the buildings and every part thereof, and shall be givenevery facility for the enforcing of these By-Laws .

13. Every person who does, permits or suffers, any act or matter, orthing contrary to any of these By-Laws, or commits, or permits anybreach, or neglects compliance therewith, shall be deemed guilty of anyoffence against these By-Laws and shall be liable to a penalty of notexceeding $50 for every such offence .

14. The hirer of the pavilion shall be responsible for cleaning up thepremises after use . Failing compliance with this requirement, the hirerwill be charged for the total cost of cleaning, which will be carried out byCouncil staff .

Schedule of Charges .The undermentioned Organisations :

Day Hire-30 cents .Evening Hire-50 cents .

Woodanilling Tennis Club, Woodanilling Cricket Club, Woodanilling FootballClub, Woodanilling Baptist Youth Organisation, Woodanilling P . & C. Associa-tion, Woodanilling Badminton Club .Other Organisations-

Day-75 cents .Evening-$1.50 .

Private Hire-Day-$2.50 .Evening-$4.00 .

404


[9 February, 1970.

Special Hirings-Applications from organisations for specific occasions maybe separately considered and the Council may by resolution, grant the useof the pavilion, equipment and property, referred to in these By-Laws, free ofcharge or at a reduced rate .

The Common Seal of the Municipality was hereto affixedthis 17th day of December, 1969, in the presence of-

F. M. SHACKLEY,[L.S .]

President .D. G. McCUTCHEON,

Shire Clerk .



Approved by His Excellency the Governor in Executive Council this 14thday of January, 1970 .


LOCAL GOVERNMENT ACT, 1960-1969 .The Municipality of the Shire of Wandering .

Adoption of Draft Model By-laws Relating to Petrol Pumps No . 10 .L.G. 844/69 .

IN pursuance of the powers conferred upon it by the abovementioned Act, theCouncil of the abovementioned Municipality hereby records having resolved,on the 9th day of October, 1969, to adopt such of the draft model By-lawspublished in the Government Gazette on the 9th day of March, 1966, as arehere set out:-

Local Government Model By-law (Petrol Pumps) No . 10 .The whole of the by-law .

Dated the 16th day of October, 1969 .

The Common Seal of the Shire of Wanderingwas affixed hereto in the presence of-

H. L. PENNINGTON,[L.S .]

President .K. D. GORDON,

Shire Clerk .




W. S . LONNIE,Clerk of the Council .

9 February, 1970 .]


CEMETERIES ACT, 1897-1966 .Shire of Denmark .

Denmark Public Cemetery By-laws .L.G. 797/53 .

IN pursuance of the powers conferred upon it by the abovementioned Actand of all other powers enabling it, the Council of the abovenamed Muni-cipality hereby records having resolved on the 17th day of July, 1969, to makeand submit for confirmation by the Governor the following By-laws :-To delete Schedule A-Scale of Fees, as published in the Government

Gazette of the 18th February, 1910, and amended from time to time there-after, and substitute the following:-

Schedule "A" .

Denmark Public Cemetery.

SCALE OF FEES AND CHARGES PAYABT,F TO THE SHIRE COUNCIL.1 . On application for an "Order for Burial" the following fees shall be

payable in advance :-

$For interment of any child under seven years of age in grave 6 feet

deep . . . . . . . . . . . . . . . . . . . . . . . . 8 .00For interment of an adult in grave 6 feet deep . . . . 20 .00For interment of any still born child . . . . . . . . 8 .00Ordinary Land for grave 8' x 4' where directed 8.00Ordinary Land for grave 8' x 8' where directed . . . .

16.00Special Land for grave 8' x 4' selected by the applicant . . . .

8.00Special Land for grave 8' x 8' selected by the applicant . . . .

16.002. If graves are required to be sunk deeper than 6 foot the following

additional charges shall be payable:-For first additional foot . . . .

1.50For second additional foot

3.00For third additional foot . . . .

5.003. For re-opening of any Grave :-For each interment

. . . .

. . . .

. . . .

. . . .

. . . .

8.00For each interment of a child under 10 years of age . . . . 5 .00For each interment of a still born child under 10 years of age . . . . 2 .00For removal of edging tiles, plants, grass, shrubs, etc . accordingto time required per man hour at

. . . .

. . . .

. . . .

. . . .

. . . .

1.004. For each interment on a Sunday, additional

. . . .

5.005. For re-opening of any Grave for exhumation . . . . 8.006. For re-interment in a new grave after exhumation 14.007. For permission to erect a Headstone

. . . .

. . . .

2.008. For permission to enclose any grave with kerbing 1.009. For any copy of Right of Burial .7510. For Grave numbers . 1 .0011. Minister's Fees

3.00

Dated this 17th day of July, 1969 .G. H. PATE,

[L.S .]

President.G. H. McCUTCHEON,

Shire Clerk.

Recommended-

L. A. LOGAN,Minister for Local Government.


W. S. LONNIE,Clerk of the Council,

405

406

GOVERNMENT GAZET E, A .

CEMETERIES ACT, 1897-1966 .Midland Public Cemetery-By-laws .L.G. 136/54 .

IN pursuance of the powers conferred in that behalf contained in the CemeteriesAct, 1897-1966, the Mayor and Councillors of the Town of Midland (as Trusteesof the Midland Public Cemetery) hereby order that the by-laws made underthe provisions of such Act for the control and management of the MidlandPublic Cemetery, and published in the Government Gazette on the 8th Septem-ber, 1939, 28th April, 1944, 7th September, 1951, 11th June, 1954, and 23rd June,1964, be amended by deleting the existing Schedule "A" therefrom and substi-tuting a new Schedule "A" as follows :-

Passed by the Council of the Town of Midland at an Ordinary meeting heldon 16th December, 1969 .The Common Seal of the Town of Midland washereto affixed this 23rd day of December, 1969,pursuant to a resolution passed by the Council

[L.S.]on the 16th day of December, 1969, in the pre-sence of-

W. P. CALNON,Mayor.

F. L. GAWNED,Town Clerk.

Recommended-

Approved by His Excellency theday of January, 1970 .

[9 February, 1970 .

L. A. LOGAN,Minister for Local Government.

Governor in Executive Council this 14th

W. S. LONNIE,Clerk of the Council.

1 .Schedule "A" .

GRAVE DIGGING CHARGES :Sinking New Grave or re-opening Grave $

Ordinary . . 12 .00For Children under seven y •s 9 .00For Stillbirths . . . 5 .00

2 .Double rate on Public Holidays .

LAND FEES :Exclusive rights for a term of 50 years .

Where directed by Trustees-8 ft. x 4 ft . 10 .008 ft. x 8 ft 20.00

Where selected by Applicant-8 ft. x 4 ft . 15.008 ft . X 8 ft . 30.00

3 . MONUMENTAL CHARGES :Right to erect memorials . . . .

. . . . 5.00

4 .

Plus a supercharge on all memorial work erected, of 5 per cent .of the cost of same exceeding the amount of $100 .

MAINTENANCE CHARGES-PER ANNUMOptional to Grantee-

Single Grave 5.00Double Grave 10.005 . SUNDRIES

Minister's Fees 4.00Number Plates 1.00Memorial Tree and Plaque . . 5 .00Interment of Ashes 2.00

9 February, 1970 .]


METROPOLITAN MARKET ACT, 1926-1969 .Metropolitan Market Trust,

West Perth, 28th January, 1970 .HIS Excellency the Governor in Executive Council acting pursuant to theprovisions of the Metropolitan Market Act, 1926-1969, has been pleased toapprove of and confirm the by-laws set forth in the schedule hereunder madeby the Metropolitan Market Trust under section 13 of that Act .

F. K. WRIGHT,Chairman Metropolitan Market Trust .

Schedule .By-laws .

1. In these by-laws the Metropolitan Market By-laws publishedin the Government Gazette on the 26th June, 1931 and reprintedwith amendments pursuant to the Reprinting of Regulations Act,1954 and published in the Government Gazette on the 29th April,1965, are referred to as the principal by-laws .

2. By-law 19 of the principal by-laws is revoked and the followingby-law substituted:-

19. Any person who fails to comply with any direction of anInspector commits an offence .

Penalty : Twenty dollars.

3. The principal by-laws are amended by revoking by-laws 21,22, 23, 24, 30 and 36 .

4. The principal by-laws are amended by revoking by-laws 41,41A, 42 and 43 and substituting the following heading and by-laws:-

Movement and Parking and Standing of Vehiclesin the Market .

41. In by-laws 42 to 43J, inclusive of these by-laws, unlessthe contrary intention appears-

"no standing area" means any area within the Market inwhich the standing of vehicles is prohibited by a signor inscription erected appurtenant to or painted adja-cent to or upon the area ;

"park" means to permit a vehicle, whether attended ornot, to remain stationary, except for the purpose ofavoiding conflict with persons or other vehicles or com-plying with the provisions of any law or of immediatelytaking up or setting down persons or goods; and"parking" has a correlative meaning ;

"stand" means to permit a vehicle to remain stationary,whether attended or not, except for the purpose ofavoiding conflict with persons or other vehicles orcomplying with the provisions of any law ; and "stand-ing" has a correlative meaning .

42. (1) The Trust may, from time to time, appoint placesto be used by vehicles entering, or departing from, the Market,as the case requires, and shall cause signs to be erected, ormarks or inscriptions to be painted on the roadway, indicatingthe places so appointed .

(2) A person who causes or permits a vehicle-(a) to enter the Market except at a place appointed for

use by vehicles entering the Market under sub-bylaw(1) of this by-law ; or

Principalby-laws.

By-law 19substituted .

By-laws 2122, 23, 24,30 and 36revoked .By-laws 41-43 substi-tuted .

408 GGVER M

T GAZETTE, W.A .

9 February, 1970 .

(b) to depart from the Market except at a place appointedfor use by vehicles departing from the Market undersub-bylaw (1) of this by-law, commits an offence .

Penalty: Forty dollars .

(3) The Trust may from time to time erect signs or causelines, notices or symbols to be painted on the roadway specify-ing the direction and path to be followed by vehicles in anyarea of the Market and any person who drives a vehicle in amanner contrary to the manner required by such a sign,line, notice or symbol commits an offence .


43. Any person who drives a vehicle into the Market or inan area or place within the Market for a purpose not connectedwith the Market commits an offence .


43A. Any person who drives a vehicle within the Market ata speed in excess of ten miles per hour commits an offence .


43B. (1) The Trust may from time to time constitute, deter-mine and vary, and for that purpose cause to be indicated bypainted lines, notices and signs, or any one or more of them-

(a) areas or stalls in which the parking of vehicles ispermitted and the manner, conditions, times andlimitations upon the parking of vehicles therein ;

(b) areas or stalls in which the parking of vehicles of aparticular class is permitted and the manner, condi-tions, times and limitations on the parking of vehiclestherein; and

(c) areas in which the standing of vehicles is prohibited .

(2) An inscription on a sign or notice has effect according toits tenor .

(3) Any person who-(a) parks a vehicle at any place in the Market other than

in an area or stall set aside for the parking of vehiclespursuant to this by-law ; or

(b) parks a vehicle, in an area or stall set aside for theparking of vehicles, in a manner contrary to the man-ner indicated by the painted lines, notices or signsrelating to that area or stall or contrary to any con-dition or limitation so indicated ;

(c) parks a vehicle in an area or stall set aside for theparking of vehicles of a different class to that vehicle,

commits an offence .Penalty: Forty dollars .

(4) Any person who stands a vehicle in a no standing areacommits an offence .

Penalty : Forty dollars.

(5) The Trust may on payment of the fee, if any, deter-mined by it for the purpose set aside areas in the Marketfor the parking of vehicles used by any lessee, tenant oroccupier of any premises within the Market and the employeesof such a person, and where an area has been so set aside forthe parking of vehicles used by such a lessee, tenant, occupieror employee-

(a) that lessee, tenant, occupier or employee shall not parka vehicle at any other place within the Market; and

9 February, 1970 .]


(b) no other person shall park a vehicle in the area. soset aside .

Penalty : Forty dollars.

(6) The Trust shall issue a certificate to any person forwhom an area has been set aside pursuant to sub-bylaw (5)of this by-law, and a person to whom such a certificate hasbeen issued commits an offence if he fails to produce thatcertificate upon demand to an Inspector .

Penalty : Twenty dollars .

43C. (1) The driver of any vehicle using any of the carriage-ways contiguous to auctioneers' platforms shall take up suchposition as is indicated by the lessee of the market affected,and every such lessee shall indicate to such drivers the posi-tion to be taken up by them, and so keep the carriagewaysimmediately adjacent to his platform open and clear fortraffic .

(2) Any driver who fails to take up the position indicatedby the lessee pursuant to sub-bylaw (1) of this by-law andtakes up another position in that carriageway commits anoffence .


43D. The driver of any vehicle waiting to unload or loadthe vehicle shall take up the position assigned to him by theInspector, and the driver or person in charge of such a vehiclewho-

(a) takes up a position other than that assigned to him bythe Inspector ; or

(b) having taken up such a position refuses to remove thevehicle therefrom when requested so to do by theInspector,

commits an offence .Penalty: Forty dollars .

43F . (1) Notwithstanding the provisions of by-laws 42 toof any wholesaler except during the period of the actual load-ing or unloading of the vehicle commits an offence.

Penalty: Forty dollars.

43F. (1) Notwithstandiing the provisions of by-laws 42 to43E, inclusive, of these by-laws, an Inspector may-

(a) direct the driver or person in control of a vehicle toremove the vehicle from the place where it is parkedor standing, irrespective of whether the vehicle is law-fully or unlawfully parked at the time that the In-spector so directs, to some other place in the Market ;

(b) direct or permit a person wishing to park or stand avehicle to park or stand the vehicle in any place inthe Market specified by the Inspector ;

(c) direct the driver of a vehicle intending to enter ordepart from the Market to do so contrary to themanner required by by-law 42 of these by-laws .

(2) A person who fails to comply with any direction givenby an inspector pursuant to this by-law commits an offence .


(3) It is a defence to a prosecution brought against a personfor a breach of any of by-laws 42 to 43E, inclusive, ofthese by-laws for that person to show that he did the act whichconstituted the alleged offence at the direction of an Inspector .

40

410

G VERNMENT GAZETTE, W.A .

[9 February, 1970 .

43G. The Secretary may, in any case where he considers thecircumstances warrant it, by notice in writing, waive the prose-cution of a person for an offence against by-laws 42 to 43F,inclusive, of these by-laws.

43H. (1) Where it appears to an Inspector that an offenceagainst by-laws 42 to 43F, inclusive, of these by-laws, of whichthe leaving, parking or standing of a vehicle is an element,has been committed by the driver or person in charge of avehicle, the Inspector may leave in or on the vehicle a noticein the form of Form 1 to this by-law, which may be addressedto the owner of the vehicle without naming him .

(2) The alleged offender may complete the notice in the formof Form 1 by filling in his full name and address and if, withinthe time specified in the notice, the notice properly so com-pleted together with the modified penalty of the sum of fourdollars, is sent or delivered to the Clerk of Petty Sessions,Perth, that amount shall be appropriated in satisfaction of thepenalty and no further proceedings may be taken in respect ofthat offence .

(3) Where-(a) a notice in the form of Form 1 has been left in or

upon a vehicle pursuant to sub-bylaw (1) of this by-law ; and

(b) the completed notice together with the modifiedpenalty of four dollars has not been received by theClerk of Petty Sessions, Perth within the time specifiedin the notice,

the Trust may cause to be served upon the alleged offender orthe owner of the vehicle a notice in the form of Form 2 tothis by-law specifying-

(c) particulars of the offence alleged to have been com-mitted ;

(d) the amount of the modified penalty, namely fourdollars; and

(c) the time within which the alleged offender may senda reply in accordance with sub-bylaw (4) of this by-law .

(4) Where an alleged offender on whom a notice in the formof Form 2 has been served sends or delivers to the Clerk ofPetty Sessions, Perth, within the time specified in the notice orsuch further time as the Clerk allows, a reply in or to theeffect of Form 3 to this by-law together with the modifiedpenalty of four dollars, no further proceedings may be takenagainst him in respect of that offence .

(5) The Clerk of Petty Sessions shall issue an acknowledg-ment to any person who sends or delivers to him the amountof the modified penalty in accordance with sub-bylaw (2) orsub-bylaw (4) of this by-law .

9 February, 1970 .]


Form 1 .METROPOLITAN MARKET BY-LAWS .

outo-TimeBrief No-Vehicle zw~Type-------

To the

of MotorJOwnerS No

Yoo have committed a breach of by-law 0oof theMetropolitan Market By-laws .

The modified penalty for this offence is $4 .00.

If you complete the admission hereunder with your fullnames and address and sign the same and return this formwith the modified penalty to the Clerk of Petty Sessions, Beau-fort Street, Perth within seven days of the above date nofurther proceedings will be taken .

If you wish for a Court hearing you are at liberty to ignorethis notice .

I-----ol :-ugTee 1) its being recorded that Icoomitted the above offenceand tender herewith the SUM of *C00 bv~-~.

*(Insert "cash", "cheque", "postal note" .)being the modified penalty for such offence .

Form 2 .

METROPOLITAN MARKET BYAAWS.

West Perth .

Metropolitan Market

90O Serial Nn_

Metropolitan Markets,

Brief No---- Date

You awe hereby notified that it is alleged that onxuo day o19at aboutyou

. . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . .

. . . . . . . .

. . . .

. . . . . . . . .

. . . . .

. . . . . . . . . . . .

. . . . . . . . .-- '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . .in contravention of the provisions of by-law Noof theMetropolitan Market By-laws.

The modified penalty which may be inflicted for this offencea *100 .

You are at liberty to ignore this notice and insist on yourright to a Court hearing-

(1) if you desire to contest the question whether you didin fact commit the offence alleged ;

(2) if you wish to submit to a 0oort, matters in extenua-tion of penalty ;

(3) for any other reason you may regard as sufficient .

412


[9 February, 1970 .

In that event, Court process may issue against you in duecourse.

If you do not desire the matter to be dealt with by a Court,you may complete the form attached hereto and forward ordeliver it to the Clerk of Petty Sessions, Beaufort Street, Perth,together with the sum of $4.00 mentioned above. In that eventyou will not be liable for any further penalty or costs in thismatter.

Payment may be made either by posting this form (togetherwith the attached Form No . 3) and a cheque, money order orpostal note for the sum aforesaid, to the Clerk of Petty Sessions,Beaufort Street, Perth or by delivering such forms and payingsuch amount to the Clerk of Petty Sessions, Beaufort Street,Perth between the hours of 10 .00 a.m. and 3.30 p.m. on Mon-days to Fridays . If payment is not received within fourteendays of the date of this notice, it will be assumed that you wishto insist on your right to a Court hearing, and Court processwill issue against you in due course .

Secretary,Metropolitan Market Trust.

(Important : Where Court proceedings become necessary, anoffender, upon conviction, is usually required to pay solicitor'sfees, and Court costs, in addition to the fine imposed by theCourt which may be a fine not exceeding $40 .00 .

Form 3 .

METROPOLITAN MARKET BY-LAWS .I, Serial No

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Brief

No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Datedo not wish to contest the allegation that onthe day of19at about in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I

did. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In contravention of the provisions of by-law Noofthe Metropolitan Market By-laws .

For the purpose of the by-laws I agree to its being recordedthat I committed the offence and tender the sum of $4 .00 by being the penalty prescribed

for this offence .* (Insert "postal note", "money order", "cheque" etc .) .DateSignature

To Clerk of Petty Sessions,Beaufort Street,Perth.

9 February, 1970 .] GOVERNMENT GAZETTE, W.A .

413

431 . Where an alleged offender upon whom a notice hasbeen served under sub-bylaw (3) of this by-law-

(a) informs the Clerk of Petty Sessions, Perth that hedeclines to pay the modified penalty ; or

(b) fails to send or deliver to the Clerk of Petty Sessions,Perth payment of the modified penalty of four dollarswithin the time specified in the notice or within suchfurther time as the Clerk allows,

the Trust may take proceedings in respect of the offencespecified in the notice against the alleged offender in a Courtof Petty Sessions, and the owner of the vehicle the leaving,parking or standing of which constituted the alleged offence isdeemed, in the absence of proof to the contrary to have com-mitted that offence .

43J . A person, not being the driver or person in chargeof a vehicle, shall not remove any notice left in or upon thevehicle by an Inspector pursuant to these by-laws .

Penalty : Forty dollars .

WESTERN AUSTRALIAN INSTITUTE OF TECHNOLOGY ACT, 1966 .The Western Australian Institute of Technology,

Bentley, 19th November, 1969 .Resolution of the Council .

THE Council of the Western Australian Institute of Technology has made theStatute set out in the Schedule hereunder .

H. W. PETERS,Secretary .

Schedule .Amending Statute No . 2 .

To amend Statutes 1, 2, 3 and 5 .1. Statute 1 .-Common Seal, is amended by substituting for the words

"Administrative Secretary" where occurring-(a) In lines three and four of section one ;(b) in line one of section three ;(c) In line one of section four ;(d) in subparagraph (ii) of paragraph (a) and subparagraph (ii) of

paragraph (d) of section seven ; and(e) in line one of section eight,

the word "Secretary" .2. Statute 2 .-Interpretation, is amended by substituting for the words

"Administrative Secretary" twice occurring in the interpretation "Adminis-trative Secretary" the word "Secretary" .

3. Statute 3 .-Power to make By-laws and Rules, is amended by substi-tuting for the words "Administrative Secretary" in line one of section two theword "Secretary" .4. Statute 5.-Election of Academic Staff to Council, is amended by substi-

tuting for the words "Administrative Secretary" in line one of section four theword "Secretary" .

The Common Seal of the Western AustralianInstitute of Technology was hereto affixedon the 19th day of November, 1969, by thedirection of the Council in the presence of-

H. S. WILLIAMS,Director .


G T GAZETTE, W.A .

[9 February, 1970 .

WESTERN AUSTRALIAN INSTITUTE OF TECHNOLOGY ACT, 1966 .

The Western Australian Institute of Technology,Bentley, 19th November, 1969 .

Resolution of the Council .

THE Council of the Western Australian Institute of Technology has made theStatute set out in the Schedule hereunder .


Schedule .

Statute 7 .

The Council .

1. In this Statute unless the contrary intenion appears-"meeting" meansa meeting of the Council .

2. Ordinary meetings shall be held on such dates as the Council determinesand publishes in the Institute Handbook .

3. The Chairman or, in his absence, the Deputy may, or any four membersmay, by notice in writing given to the Secretary, call a special meeting to beheld, for a purpose specified in the notice, on such a date within the period offourteen days after the notice as the Secretary shall determine .

4. The Secretary shall fix the time of day and place for a meeting .

5. The Secretary shall, at least seven days before a meeting, give notice ofthe date, time and place of, and the agenda for, the meeting .

6. A Council shall not transact business at a meeting unless a quorum ispresent .

7. If at the expiration of half an hour from the time fixed for the com-mencement of a meeting a quorum is not present, the Chairman or in hisabsence the Deputy Chairman or in his absence the majority of memberspresent, or any member present alone, or in the absence of the Chairman andall the members, the Secretary, may declare the meeting closed and the businesswhich could have been transacted had there been a quorum at the meeting,may be placed on the agenda of the next ordinary meeting with precedenceover other items on that agenda .

8. The Council may adjourn any meeting to a later date .

9. All proceedings of the Council and its Committees shall be minuted andpermanently recorded .

The Common Seal of the Western AustralianInstitute of Technology was hereto affixedon the 19th day of November, 1969, by thedirection of the Council in the presence of-

H. S. WILLIAMS,Director .


9 February, 970 .]


Reg . 2amended .

Principaregulations .

Reg . 6added .

FRUIT GROWING INDUSTRY (TRUST FUND) ACT, 1941-1956 .

Department of Agriculture,South Perth, 14th January, 1970 .

HIS Excellency the Governor in Executive Council, acting in pursuance of theprovisions of the Fruit Growing Industry (Trust Fund) Act, 1941-1956, hasbeen pleased to make the regulations set forth in the attached schedule .

T. C. DUNNE,Director of Agriculture .

Schedule .REGULATIONS .

Principal

1. In these regulations the regulations made under the Fruitregulations . Growing Industry (Trust Fund) Act, 1941-1956, published in the

Government Gazette on the 27th March, 1942, and reprinted, withamendments, pursuant to the Reprinting of Regulations Act, 1954,and published in the Government Gazette of the 2nd February, 1965,and subsequently amended by a notice so published on the 11thNovember, 1965, are referred to as the principal regulations .

2 . Regulation 2 of the principal regulations is amended by sub-stituting for the passage, "£3 10s . per day or part of a day" in lineone of paragraph (a), the passage, "$13 .50 per half day or partthereof" .

PIG INDUSTRY COMPENSATION ACT . 1942-1969 .

Department of Agriculture,South Perth, 14th January, 1970 .

HIS Excellency the Governor in Executive Council, acting pursuant to theprovisions of the Pig Industry Compensation Act, 1942-1969, has been pleasedto make the regulations set out in the Schedule hereunder .

T. C. DUNNE,Director of Agriculture .

Schedule .Regulations .

1 . In these regulations the Pig Industry Compensation Regula-tions,-1943 published in the Government Gazette on the 14th April,1943 and thereafter amended from time to time by notices so pub-lished, are referred to as the principal regulations .

2. The principal regulations are amended by adding afterregulation 5, a regulation as follows :-

6 . The disease Vibrionic Dysentery is hereby prescribed asa disease for the purposes of Part II of the Act .

415

416


[9 February, 1970 .

67631/2/70

PrincipalBy-laws.

By-law 7revoked .

By-law 8revoked .

By-law 10revoked andremade.

By law 63amended.

GOVERNMENT RAILWAYS ACT, 1904-1967 .

Office of the Commissioner of Railways,Perth, 14th January, 1970 .

HIS Excellency the Governor in Executive Council has been pleased to approveof the by-laws made by the Western Australian Government Railways Com-mission, pursuant to the Government Railways Act, 1904-1967, set out in theschedule hereunder .

3. B. HORRIGAN,Commissioner of Railways .

Schedule .

By-Laws .1 . In these by-laws the by-laws made pursuant to the Govern-

ment Railways Act, 1904 (as amended) and published in theGovernment Gazette on the 29th October, 1920, and amended fromtime to time thereafter, by notices so published are referred to as theprincipal by-laws .

By-law 4

2. By-law 4 of the principal by-laws is revoked and remaderevoked and as follows:-remade .4. No ticket, whether single or return, shall be used by a

passenger for a journey other than that between the stationsnamed thereon, or to a station between those so named, andin the latter event only if the passenger, by so using the ticket,derives no advantage as regards fare. An excursion ticket shallnot be used for any other train or bus than that for which itwas issued.

Any person who uses or attempts to use a ticket in contraven-tion of this by-law, shall be liable to a penalty not exceedingforty dollars . .

3. By-law 7 of the principal by-laws is revoked .

4. By-law 8 of the principal by-laws is revoked .

5. By-law 10 of the principal by-laws is revoked and remadeas follows :-

10. Ordinary return tickets except for travel solely withinthe suburban area are issued at any time, available for returnfor periods as laid down from time to time in the PassengerFares and Coaching Rates Book.

Excursion tickets are available for periods as specified at thetime of issue .

Any person using, or attempting to use, any return ticket,the time for the proper use of which has expired, shall on con-viction, be liable to a penalty not exceeding forty dollars. .

6. By-law 63 of the principal by-laws is amended by sub-stituting for the final paragraph of that by-law, a paragraph asfollows:-

Any claim under this by-law shall be deemed to be duly madeif in writing and delivered at the office of the Commission,Chief Traffic Manager or Commercial Manager in Perth, orleft with any Officer-in-Charge of any railway station or parcelsdepot . .

By Authority : AI.EX,B. DAVIES, Government Printer

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