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CONTENTS

PART 1 Page

Magistrates Court Act 2004—Magistrates Court (Fees) Amendment Regulations 2012....... 463 Proclamations—Inspector of Custodial Services Amendment Act 2011—No. 52 of 2011 ...... 463 State Superannuation Act 2000—State Superannuation Amendment Regulations 2012..... 466

———

PART 2

Consumer Protection ................................................................................................................. 474 Corrective Services .................................................................................................................... 474 Deceased Estates ....................................................................................................................... 485 Health......................................................................................................................................... 474 Heritage...................................................................................................................................... 476 Local Government...................................................................................................................... 477 Planning ..................................................................................................................................... 478 Racing, Gaming and Liquor....................................................................................................... 482 Rottnest Island Authority.......................................................................................................... 484 Salaries and Allowances Tribunal ............................................................................................ 484

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!2012009GG!

461

PERTH, TUESDAY, 17 JANUARY 2012 No. 9 PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.00 NOON

© STATE OF WESTERN AUSTRALIA

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— PART 1 —

PROCLAMATIONS

AA101*

INSPECTOR OF CUSTODIAL SERVICES AMENDMENT ACT 2011

No. 52 of 2011 PROCLAMATION

Western Australia

By the Honourable Wayne Stewart Martin,

Chief Justice of Western Australia, Lieutenant-Governor and deputy of the

Governor of the State of Western Australia WAYNE STEWART MARTIN

Lieutenant-Governor and deputy of the Governor

[L.S.]

I, the Lieutenant-Governor and deputy of the Governor, acting under the Inspector of Custodial Services Amendment Act 2011 section 2(b) and with the advice and consent of the Executive Council, fix the day after the day on which this proclamation is published in the Government Gazette as the day on which the provisions of that Act, other than sections 1 and 2, come into operation. Given under my hand and the Public Seal of the State on 10 January 2012. By Command of the Lieutenant-Governor and deputy of the Governor,

TERRY REDMAN, Minister for Corrective Services.

JUSTICE

JU301*

Magistrates Court Act 2004

Magistrates Court (Fees) Amendment Regulations 2012

Made by the Lieutenant-Governor and deputy of the Governor in Executive Council.

1. Citation

These regulations are the Magistrates Court (Fees) Amendment Regulations 2012.

17 January 2012 GOVERNMENT GAZETTE, WA 463

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Magistrates Court (Fees) Regulations 2005.

4. Schedule 1 amended

In Schedule 1 Divisions 2 and 3 amend the provisions listed in the Table as set out in the Table.

Table

Provision Delete Insert

Sch. 1 Div. 2 it. 1 76.00

149.00

194.50

381.00

310.00

604.00

78.50

153.50

200.00

392.00

319.00

622.00

Sch. 1 Div. 2 it. 2 49.50

96.50

90.50

151.00

144.00

241.00

51.00

99.50

93.00

155.50

148.50

248.00

Sch. 1 Div. 2 it. 3 25.50

65.50

38.50

100.00

51.50

134.00

26.30

67.50

39.70

103.00

53.00

138.00

Sch. 1 Div. 2 it. 4 121.00

235.00

220.00

426.00

245.00

475.00

124.50

242.00

227.00

439.00

252.00

489.00

464 GOVERNMENT GAZETTE, WA 17 January 2012

Provision Delete Insert

Sch. 1 Div. 2 it. 5 70.00

182.00

122.50

318.50

175.00

454.50

72.00

187.50

126.00

328.00

180.50

468.00

Sch. 1 Div. 2 it. 6 70.00

182.00

122.50

318.50

175.00

454.50

72.00

187.50

126.00

328.00

180.50

468.00

Sch. 1 Div. 2 it. 7 64.00

124.00

77.00

149.50

103.50

203.50

66.00

127.50

79.50

154.00

106.50

210.00

Sch. 1 Div. 2 it. 8(a) 64.00

124.00

77.00

149.50

103.50

203.50

66.00

127.50

79.50

154.00

106.50

210.00

Sch. 1 Div. 2 it. 9(a) and (b) 83.00 85.50

Sch. 1 Div. 2 it. 9(c) 22.00 22.70

Sch. 1 Div. 2 it. 11 76.00 78.50

Sch. 1 Div. 3 it. 1 64.00 66.00

Sch. 1 Div. 3 it. 2 12.25 12.60

Sch. 1 Div. 3 it. 3(a) 64.00 66.00

Sch. 1 Div. 3 it. 3(b) 83.00 85.50

Note: These amendments were included in the Table to the Magistrates Court (Fees) Amendment Regulations (No. 2) 2011 regulation 4 but the instruction in that regulation referred only to Schedule 1 Division 1.

By Command of the Lieutenant-Governor and deputy of the Governor,

PETER CONRAN, Clerk of the Executive Council.


TREASURY AND FINANCE

TR301*

State Superannuation Act 2000

State Superannuation Amendment Regulations 2012

Made by the Lieutenant-Governor and deputy of the Governor in Executive Council.

1. Citation

These regulations are the State Superannuation Amendment Regulations 2012.

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day on which the State Superannuation Amendment Act 2011 Part 5 comes into operation.

3. Regulations amended

These regulations amend the State Superannuation Regulations 2001.

4. Part 2A inserted

After regulation 11 insert:

Part 2A — Employer contribution obligations

12A. Terms used

In this Part —

employee has the meaning given in the SGA Act section 12;

individual superannuation guarantee shortfall has the meaning given in the SGA Act section 19;

over-OTE item, for an employee, means a payment, benefit or allowance that —

(a) is part of the employee’s remuneration; but


(b) is not part of the employee’s ordinary time earnings within the meaning given in the SGA Act section 6(1);

superannuation guarantee charge means the charge imposed by the Superannuation Guarantee Charge Act 1992 (Commonwealth).

12B. Default funds

For the purposes of the definition of default fund paragraph (a), in section 4A(1) of the Act, the default fund for an employee is —

(a) if the employee is a West State Super Member — the West State Super Scheme;

(b) in any other case — the GESB Super Scheme.

12C. Employer contributions

(1) An Employer that is required, under section 4B of the Act, to make superannuation contributions for an employee, must —

(a) make those contributions in accordance with regulation 12D; and

(b) make contributions in accordance with regulation 12E.

(2) An Employer that would be required, under section 4B of the Act, to make superannuation contributions for an employee, but for the SGA Act sections 26 to 29, must make contributions for the employee in accordance with subregulation (1) as if the SGA Act sections 26 to 29 did not apply.

(3) An Employer that would be required, under section 4B of the Act, to make superannuation contributions for a worker, but for the worker not being an employee, must make contributions for the worker in accordance with subregulation (1) as if the worker were an employee.

(4) Subregulations (1), (2) and (3) do not apply to the following Employers —

(a) the Architects Board of Western Australia;

(b) the Australian Health Practitioner Regulation Agency;

(c) the Bunbury Water Board;

(d) Gold Corporation;

(e) the Legal Practice Board;

(f) the office of Inspector of Custodial Services;

(g) the Pharmaceutical Council of Western Australia;


(h) the Veterinary Surgeons’ Board;

(i) the Water Corporation;

(j) the Western Australian College of Teaching;

(k) the Western Australian Electricity Review Board;

(l) the Western Australian Energy Disputes Arbitrator;

(m) the Western Australian Greyhound Racing Association;

(n) the Western Australian Institute of Sport.

(5) Subregulations (1), (2) and (3) do not apply in respect of a worker who —

(a) is a Gold State Super Member, other than a Member who is entitled to a preserved GSS withdrawal benefit (as defined in regulation 12); or

(b) is a Pension Scheme Member (other than a person who has determined his or her pension under the Superannuation and Family Benefits Act 1938 section 60AA) or a Provident Scheme Member; or

(c) holds a pensionable office as defined in the Judges’ Salaries and Pensions Act 1950 section 2(4); or

(d) works outside Australia and is not a resident of Australia (as defined in the SGA Act); or

(e) is a person in respect of whom contributions are being made under the Parliamentary Superannuation Act 1970 section 11 to the superannuation scheme provided for by that Act; or

(f) is a non-participant, as defined in the Parliamentary Superannuation Act 1970 section 29, in respect of whom contributions are being made in accordance with a determination made under that section to a superannuation fund other than the West State Super Scheme or the GESB Super Scheme.

(6) Subregulation (4) does not limit an Employer to making contributions in accordance with section 4B of the Act.

(7) If an Employer is unable to make a contribution under subregulation (1), (2) or (3) to a fund because the fund is unable to receive it under the SIS Act, the Employer must make the contribution to the Fund.


12D. Making SG contributions

(1) The Employer must make those contributions for each of the employee’s contribution periods.

(2) The amount of the contributions for a contribution period must be equal to the amount that the Employer would be required under section 4B of the Act to contribute for the employee if —

(a) that contribution period were the only period during which the employee was an employee of the Employer; and

(b) the Employer had not previously made any contributions for the employee.

(3) Contributions for a contribution period must be paid —

(a) if the contribution period is the employee’s pay period — within 14 days after the end of that period; or

(b) otherwise — within 28 days after the end of the contribution period.

12E. Certain additional contributions

(1) For each contribution period of the employee in which the employee receives an over-OTE item, the Employer must make a contribution for the employee of an amount equal to the monetary value, determined by the Employer, of that over-OTE item multiplied by the charge percentage applicable, at the time of making the contribution, under the SGA Act section 19.

(2) Contributions for a contribution period must be paid —

(a) if the contribution period is the employee’s pay period — within 14 days after the end of that period; or

(b) otherwise — within 28 days after the end of the contribution period.

(3) A determination by an Employer as to the value of a non-monetary over-OTE item that would reduce the value of the item for a person who was an employee at the time the determination was made, does not apply to the person unless he or she gives notice to the Employer consenting to its application to him or her.

(4) Contributions under this regulation must be made to the fund to which the Employer is required to make contributions under section 4B of the Act.

12F. Standard choice forms — transitional provision

(1) This regulation applies for the purposes of section 4B(3) of the Act and in relation to an employee


who was an employee of an Employer immediately before this regulation came into operation.

(2) The Employer need not give the employee a standard choice form in writing if the Employer gives the employee a standard choice form in an electronic form that can be printed.

(3) Subregulation (2) does not apply if the employee gives a written request to the Employer that the employee be given a standard choice form.

(4) This regulation ceases to have effect at the end of the period of 2 months commencing on the day on which this regulation came into operation.

5. Regulation 31 amended

In regulation 31(2) delete “on the advice of an actuary,” and insert:

with the concurrence of the Treasurer,


In regulation 50(1) in the definition of eligible statutory WSS Member delete “(3)” and insert:

(3), (4A)


(1) Delete regulation 51(3)(c) and insert:

(c) as a consequence, no contributions under section 4B of the Act are made to the Fund for the worker, for a contribution period of the worker.

(2) After regulation 51(3) insert:

(4A) A worker is excluded by this subregulation from being a statutory WSS Member if, as a consequence of the worker choosing a fund that is not a scheme, no contributions under section 4B of the Act are made to the Fund for the worker, for a contribution period of the worker.



In regulation 52(1)(a) and (b) delete “(3)” and insert:

(3), (4A)

9. Regulation 54A deleted

Delete regulation 54A.

10. Regulations 54 and 55 deleted

Delete regulations 54 and 55.


In regulation 62(1) delete “regulation 54 or 55” and insert:

section 4B of the Act or regulation 12C


In regulation 64(2) delete “7 days” and insert:

14 days


Delete regulation 79(2) and insert:

(2) A West State Super Member may request the Board to transfer the member’s benefit to another superannuation fund that is not a scheme, and the Board is to comply with that request.


In regulation 83(1) in the definition of eligible statutory GESB Super Member delete “(3)” and insert:

(3), (4A)


(1) Delete regulation 84(3)(c) and insert:

(c) as a consequence, no contributions under section 4B of the Act are made to the Fund for the worker, for a contribution period of the worker.


(2) After regulation 84(3) insert:

(4A) A worker is excluded by this subregulation from being a statutory GESB Super Member if, as a consequence of the worker choosing a fund that is not a scheme, no contributions under section 4B of the Act are made to the Fund for the worker, for a contribution period of the worker.

16. Regulations 88 and 89 deleted

Delete regulations 88 and 89.


(1) In regulation 91(1) delete “Subject to regulation 100, an” and insert:

An

(2) In regulation 91(3) delete “regulation 88 or 89.” and insert:

section 4B of the Act or regulation 12C.


(1) In regulation 94(1) delete “regulation 100 and”.

(2) In regulation 94(5) delete “7 days” and insert:

14 days


In regulation 95(1) delete “regulation 100 and”.

20. Part 3A Division 3 Subdivision 5 deleted

Delete Part 3A Division 3 Subdivision 5.


(1) In regulation 120 delete “A GESB Super” and insert:

(1) A GESB Super


(2) At the end of regulation 120 insert:

(2) A GESB Super Member may request the Board to transfer the member’s benefit to a superannuation fund that is not a scheme and the Board is to comply with that request.


In regulation 122(2) delete “West State” and insert:

GESB

23. Regulation 224D amended

Delete regulation 224D(3)(c) and insert:

(c) the report relating to the most recent actuarial investigation of the Fund; or

24. Various references to “Minister” amended

In the provisions listed in the Table:

(a) delete “Minister” (each occurrence) and insert:

Treasurer

(b) delete “Minister’s” and insert:

Treasurer’s

Table

r. 21(1) r. 50A(2)

r. 52B(2) r. 231(2)(b)

r. 238(2) and (3) r. 240(1), (2) and (3)

Note: The heading to amended regulation 21 is to read:

Treasurer may direct Board to accept ineligible worker as a Member

By Command of the Lieutenant-Governor and deputy of the Governor,

PETER CONRAN, Clerk of the Executive Council.

———————————


— PART 2 —

CONSUMER PROTECTION

CP401* SUNDAY ENTERTAINMENTS ACT 1979

GOOD FRIDAY ENTERTAINMENT I, Simon O’Brien, Minister for Commerce, acting pursuant to Section 3(2) of the Sunday Entertainments Act 1979, do hereby declare that the provisions of Section 3(1) of the Act shall not apply to, or in relation to, any person involved in the operation of the Rockingham Easter Carnival, situated at the Dixon Road Reserve, Dixon Road, Rockingham, from 12.00 noon to 10.00 pm on Good Friday, 6 April 2012.

SIMON O’BRIEN MLC, Minister for Commerce.

CORRECTIVE SERVICES

CS401 COURT SECURITY AND CUSTODIAL SERVICES ACT 1999

PERMIT DETAILS Pursuant to the provisions of section 56 of the Court Security and Custodial Services Act 1999, the Commissioner of the Department of Corrective Services has revoked the following Permit to do High-Level Security Work—

Surname First Names(s) Permit Number Date Permit Revoked

Fitzsimmons David Douglas 11-0080 10/01/2012

This notice is published under section 57(1) of the Court Security and Custodial Services Act 1999.

COLIN BRANDIS, Manager Court Security and Custodial Services Contract.

HEALTH

HE401* HEALTH PRACTITIONER REGULATION NATIONAL LAW (WA) ACT 2010

MEDICAL (AREA OF NEED) DETERMINATION (NO. 33) 2011 Made by the Minister for Health pursuant to section 67(5) of the Health Practitioner Regulation National Law (WA) Act 2010.

Citation 1. This determination may be cited as the Medical (Area of Need) Determination (No. 33) 2011.

Commencement 2. This determination comes into operation on the day on which it is published in the Government Gazette.

Area of need 3. The area of need specified in the Schedule is determined to be an area of need for the purposes of section 67 of the Act.

Expiry of determination 4. This determination expires five years after its commencement.


SCHEDULE GENERAL MEDICAL SERVICES AT THE SURGERY OPERATING AT THE LOCATIONS OF 8 HARDIE ROAD AND 192 MIDDLETON ROAD IN THE CITY OF ALBANY Dated this 10th day of January 2012.

Dr KIM HAMES MLA, Deputy Premier, Minister for Health.

——————————— HE402*

HEALTH SERVICES (QUALITY IMPROVEMENT) ACT 1994 HEALTH SERVICES (QUALITY IMPROVEMENT) (APPROVED COMMITTEE) ORDER (NO. 1) 2012

Made by the Director, Office of Safety and Quality (as delegate of the Minister for Health) pursuant to section 7(1) of the Health Services (Quality Improvement) Act 1994.

Citation 1. This order may be cited as the Health Services (Quality Improvement) (Approved Committee) Order (No. 1) 2012.

Commencement 2. This order comes into operation on the day on which it is published in the Government Gazette.

Committee 3. Clinical Review Committee established by Peel Health Campus Governing Board is an approved quality improvement committee for the purposes of the Act.

Expiry of order 4. This order expires three years after its commencement. Dated this 9th day of January 2012.

STUART DIGGINS, A/Director, Patient Safety Directorate, Office of Safety and Quality in Healthcare, Performance Activity and Quality Division.

———————————

HE403* HEALTH SERVICES (QUALITY IMPROVEMENT) ACT 1994

HEALTH SERVICES (QUALITY IMPROVEMENT) (APPROVED COMMITTEE) ORDER (NO. 2) 2012 Made by the Director, Office of Safety and Quality (as delegate of the Minister for Health) pursuant to section 7(1) of the Health Services (Quality Improvement) Act 1994.

Citation 1. This order may be cited as the Health Services (Quality Improvement) (Approved Committee) Order (No. 2) 2012.

Commencement 2. This order comes into operation on the day on which it is published in the Government Gazette.

Committee 3. Clinical Safety and Quality Group established at the St John of God Hospital Subiaco, by St John of God Health Care Inc Governing Board, is an approved quality improvement committee for the purposes of the Act.

Expiry of order 4. This order expires three years after its commencement. Dated this 12th day of January 2012.

STUART DIGGINS, A/Director, Patient Safety Directorate, Office of Safety and Quality in Healthcare, Performance Activity and Quality Division.


HERITAGE

HR401* HERITAGE OF WESTERN AUSTRALIA ACT 1990

ENTRY OF PLACES IN THE REGISTER OF HERITAGE PLACES

PERMANENT REGISTRATIONS Notice is hereby given in accordance with section 51(2) of the Heritage of Western Australia Act 1990 that, pursuant to a direction from the Minister for Heritage, the places described below have been entered in the Register of Heritage Places on a permanent basis with effect from today. Terrace Houses, 225-227 Beaufort Street at 225 Beaufort Street, Perth; Lot 134 on P 613 and being the whole of the land contained in C/T V 873 F 74. Terrace Houses, 235-241 Beaufort Street at 235-241 Beaufort Street, Perth (includes 235L, 237L, 239L and 241L Beaufort Street, Perth); Lots 100 and 101 on D 63744 and being the whole of the land contained in C/T V 1630 F 399; Lots 102, 103 and 104 on D 63744 and being the whole of the land contained in C/T V 1685 F 933; Lots 105, 106 and 107 on D 63744 and being the whole of the land contained in C/T V 1685 F 934; Lots 108 and 109 on D 63744 and being the whole of the land contained in C/T V 1639 F 901. Windarra, Moonyoonooka at 34 Glengarry Road, Moonyoonooka; Lot 11 on P 22543 being the whole of the land contained in C/T V 2149 F 247. Bridgetown Trainmen’s Barracks (fmr) at 43 Spencer Street, Bridgetown; Lot 2 on D 93078 being the whole of the land contained in C/T V 2141 F 794. Inglewood Police Station and Police Quarters (fmr) at 867 Beaufort Street, Inglewood; Res 48841 being Lot 109 on DP 42543 and the whole of the land contained in CLT V 3140 F 120. PROPOSED PERMANENT REGISTRATIONS (PRIVATE) Notice is hereby given in accordance with Section 49(1) of the Heritage of Western Australia Act 1990 that, pursuant to a direction from the Minister for Heritage, it is proposed that the place described below be entered in the Register of Heritage Places on a permanent basis. The Heritage Council invites submissions on the proposal, which must be in writing and should be forwarded to the address below not later than 28 February 2012. The place will be entered in the Register on an interim basis with effect from today in accordance with section 50(1) of the Heritage of Western Australia Act 1990. Our Lady of Montserrat, Southern Cross at 50 Altair Street, Southern Cross; Lot 438 on DP 223125 being the whole of the land contained in C/T V 994 F 48.

PROPOSED PERMANENT REGISTRATIONS (CROWN AND PRIVATE) Notice is hereby given in accordance with section 47(5) of the Heritage of Western Australia Act 1990, the Heritage Council hereby gives notice that it has advised the Minister for Heritage regarding registration of crown property that it has resolved that— 1. the places listed below are of cultural heritage significance, and are of value for the present

community and future generations; 2. the protection afforded by the Heritage of Western Australia Act 1990 is appropriate; and 3. the places should be entered in the Register of Heritage Places on a permanent basis. Notice is hereby given that the places will be entered in the Register of Heritage Places on an interim basis with effect from today in accordance with section 50(1)(b) of the Heritage of Western Australia Act 1990. The places listed below are wholly or partly vested in the Crown, or in a person on behalf of the Crown, in right of the State. Notice is hereby given in accordance with Section 49(1) of the Heritage of Western Australia Act 1990 that, pursuant to a direction from the Minister for Heritage, it is proposed that the places described below be entered in the Register of Heritage Places on a permanent basis. The Heritage Council invites submissions on the proposal, which must be in writing & should be forwarded to the address below not later than 28 February 2012. Toapin Weir at 70 Toapin Road, Quairading; Res 17433 being Avon Location 21618. Pemberton Swimming Pool at Swimming Pool Road, Pemberton; Pt of Res 19857 being pt of Lot 13542 on DP 220033 and pt of the land contained in CLT V 3141 F 153 as shown on HCWA Survey Drawing 11383 v3.

AMENDMENTS TO CURTILAGE OF A PERMANENTLY REGISTERED PLACE The entry in the Register relating to Manning Estate, Hamilton Hill at Lot 9000 Glenister Road, Hamilton Hill has been amended pursuant to section 46 of the Act. The reason for the amendment was to amend the land description of the Place in the register to increase the registered curtilage. The amended land description of the place is: Lot 9000 on DP 43443 being the whole of the land contained in C/T V 2680 F 957; Lot 550 on DP 43443 being the whole of the land contained in C/T V 2680 F 956; Ptn of Lot 100 on D 93385 being part of the land contained in C/T V 2128 F 956; Res 26870 being Lot 2010 on D 26212 and being the whole of the land contained in C/T V 3051 F 686; Ptn of Azelia Road road reserve to the west of Gorham Way; Ptn of Lot 10 on Plan 3727 being part of the land contained in C/T V 1446 F 193, V 1269 F477 and V 1315 F 428; Ptn of Lot 28 on D 23039 being part of the land contained in C/T V 1883 F 624; Lot 129 on P 9725 being the whole of the land contained in C/T V 1379 F 393; Lot 128 on P 9787 being the whole of the land contained in C/T V 498 F 137A;


Lot 127 on P 9742 being the whole of the land contained in C/T V 1327 F 396; Lot 61 on D 29258 being the whole of the land contained in C/T V 1277 F 16; Lots 62 & 63 and pt of Lot 64 on D 29258 being part of the land contained in C/T V 1425 F 807; together as shown on HCWA Survey Drawing P533v2.

GRAEME GAMMIE, Executive Director, Office of Heritage,

108 Adelaide Terrace, East Perth WA 6004.

Date: 17 January 2012.

LOCAL GOVERNMENT

LG401* LOCAL GOVERNMENT ACT 1995

Shire of Capel (BASIS OF RATES)

Department of Local Government. DLG: CP5-4#07 It is hereby notified for public information that in accordance with the provisions of section 6.28 of the Local Government Act 1995, the Executive Director Governance and Legislation of the Department of Local Government, under delegation from the Hon John Castrilli MLA, Minister for Local Government, being charged for the time being with the administration of the Local Government Act 1995, has determined that the method of valuing the land described in the Schedule hereunder shall be gross rental value for the purposes of rating with effect from 8 November 2011.

BRAD JOLLY, Executive Director Governance and Legislation.

————

SCHEDULE Additions to Gross Rental Value Area

Shire of Capel All those portions of land being Lots 2821 to 2827 inclusive, Lots 2841 to 2856 inclusive, Lots 2874 to 2884 inclusive and Lots 2925 to 2932 inclusive as shown on Deposited Plan 69867; Lots 2828 to 2834 inclusive as shown on Deposited Plan 70656; Lot 4550 as shown on Deposited Plan 71001; Lot 4539 as shown on Deposited Plan 71008 and Lot 8512 as shown on Deposited Plan 71010.

———————————


Shire of Gingin (BASIS OF RATES)

Department of Local Government. DLG: GG5-4#05 It is hereby notified for public information that in accordance with the provisions of section 6.28 of the Local Government Act 1995, the Executive Director Governance and Legislation of the Department of Local Government, under delegation from the Hon John Castrilli MLA, Minister for Local Government, being charged for the time being with the administration of the Local Government Act 1995, has determined that the method of valuing the land described in the Schedule hereunder shall be gross rental value for the purposes of rating with effect from 10 November 2011.


————


Shire of Gingin All that portion of land being Lot 135 on Certificate of Title Volume 1173 Folio 110.



Shire of Gingin (BASIS OF RATES)

Department of Local Government. DLG: GG5-4#05 It is hereby notified for public information that in accordance with the provisions of section 6.28 of the Local Government Act 1995, the Executive Director Governance and Legislation of the Department of Local Government, under delegation from the Hon John Castrilli MLA, Minister for Local Government, being charged for the time being with the administration of the Local Government Act 1995, has determined that the method of valuing the land described in the Schedule hereunder shall be unimproved value for the purposes of rating with effect from 10 November 2011.


————

SCHEDULE Additions to Unimproved Value Area

Shire of Gingin All that portion of land being Lot 52 as shown on Plan 22443.

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Shire of Coolgardie (BASIS OF RATES)

Department of Local Government. DLG: CG5-4#02 It is hereby notified for public information that in accordance with the provisions of section 6.28 of the Local Government Act 1995, the Executive Director Governance and Legislation of the Department of Local Government, under delegation from the Hon John Castrilli MLA, Minister for Local Government, being charged for the time being with the administration of the Local Government Act 1995, has determined that the method of valuing the land described in the Schedule hereunder shall be gross rental value for the purposes of rating with effect from 1 November 2011.


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Shire of Coolgardie All those portions of land being Lot 201 as shown on Deposited Plan 28380; Lots 1 to 9 inclusive as shown on Deposited Plan 59005; Lot 35 as shown on Deposited Plan 174406; Lot 44 as shown on Deposited Plan 180215 and Lot 57 as shown on Deposited Plan 183397.

PLANNING

PL401* PLANNING AND DEVELOPMENT ACT 2005

APPROVED LOCAL PLANNING SCHEME AMENDMENT City of Albany

Town Planning Scheme No. 3—Amendment No. 294 Ref: TPS/0235 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Albany local planning scheme amendment on 6 December 2011 for the purpose of— 1. Rezoning Lot 14 Rocky Crossing Road, Warrenup, Albany from the “Special Rural” zone to

the “Special Residential” zone.


2. Incorporating Lot 14 within Area 12 of “Schedule IV—Special Residential Zones—Provisions Relating to Specified Areas” by including the property details under the column heading “Lot(s)” and by—

Inserting the following additional provision 6.4 and renumbering the existing provision 6.4 to 6.5—

6.4 Boundary fences shall not be permitted within areas of remnant vegetation identified on the Subdivision Guide Plan. Property boundaries may be identified by using bollards or cairns located so as to avoid clearing of significant vegetation.

Inserting a new provision as follows— 10.10 Notwithstanding any other provisions of the scheme, buildings located on Lot 14

Rocky Crossing Road shall be constructed to Australian Standard 3959, BAL-19. This higher construction standard is required to mitigate bush fire risk while preserving the natural qualities of the site.

3. Amending the Scheme Maps accordingly.

D. WELLINGTON, Mayor. F. JAMES, Chief Executive Officer.

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Town Planning Scheme No. 3—Amendment No. 295 Ref: TPS/0085 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Albany local planning scheme amendment on 1 December 2011 for the purpose of— 1. Transferring Location 7584, Part of Lot 1 and Lot 2 Frenchman Bay Road from the “Parks

and Recreation” reserve to the “Special Sites—Caravan Park” zone. 2. Transferring part of Reserve 21337 currently zoned “Special Sites—Caravan Park” to the

“Parks and Recreation” reservation. 3. Amending the Scheme Map accordingly. 4. Modifying Clause 3.7—SPECIAL SITES ZONE by— (a) Inserting a new heading “3.7.1” in front of the existing sub clause beginning “Within

those areas zoned as Special Sites zones....” (b) Adding the following new clause after the Special Site Zone table— 3.7.2 In relation to the former Frenchman Bay Caravan Park being Lot 1 and 2,

Location 7584 Frenchman Bay Road, Frenchman Bay (Land) the following additional development standards shall apply—

(a) All development on the land is to be setback a minimum of 75m from the horizontal setback datum (HSD). A greater setback may be required if recommended by any relevant public authority or in an applicable policy;

(b) All development on the land is to be setback a minimum of 65m from the western boundary (which setback corresponds with the catchment associated with the Vancouver Springs) unless, having regard to technical information concerning the potential impact of development on the Vancouver Springs catchment, a lesser distance is supported by the relevant public authority and approved by the Council;

(c) A Foreshore Management Plan shall be prepared in accordance with WAPC State Planning Policy 2.6 State Coastal Planning Policy to the satisfaction of Council. The foreshore management plan must designate the extent of the foreshore reserve and such land shall be ceded to the Crown free of cost.

(d) A memorial is to be placed on the Certificates of Title for the land advising that the land is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years.

(e) All development on the Land shall be connected to the reticulated sewerage/wastewater system provided by a licensed reticulated sewerage/wastewater disposal and treatment provider unless an alternative treatment system appropriate for the scale of the proposed development and acceptable to the Department of Health can be provided to the satisfaction of Council.

(f) All development on the Land shall be connected to reticulated water supplied by a licensed reticulated water provider.


(g) A Fauna Management Plan is to be prepared to the satisfaction of the Department of Environment and Conservation as a condition of development approval. The plan is to include management to minimise impact on fauna, measures to address injury to fauna, translocation of fauna under permit from the site where necessary, and identification of approved translocation sites for fauna.

(h) A Fire Management Plan is to be prepared in accordance with WAPC Planning for Bush Fire Protection Guidelines in consultation with FESA, and the Department of Environment and Conservation with regard to the Torndirrup National Park, and approved by the Council prior to development.

(i) The public coastal reserve is to be clearly identified from the private land by a clear demarcation.

(j) All development to comply with any Council Policy applicable to the Land. (k) Development within the eastern portion of the Land having an area of

approximately 3000 square metres and which is shown more particularly in the plan contained in Schedule VIII, shall conform to the following requirements in addition to those preceding—

(i) all development within 75m of the HSD shall not be developed otherwise than in accordance with a Foreshore Management Plan adopted by the Council, and in any case shall not be used for car parking or developed with any substantial structure (i.e. No structure which requires a building licence).

(ii) in the area immediately to the south of the land affected by the Foreshore Management Plan, a 15m deep section will only be capable of development at a single storey height above natural ground level. Any commercial facilities permissible under the scheme must be developed in this section, and are not permitted elsewhere.

(iii) development to a maximum height of 2 storeys above natural ground level may be permitted behind (to the south of) the section which is limited to single storey development.

5. Adding a new Schedule VIII—SPECIAL SITES ZONES to the Scheme and incorporating Drawing Reference: COA Frenchman Bay Plan 14-10-11 Site Constraints plan within that schedule.


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Town Planning Scheme No. 3—Amendment No. 300 Ref: TPS/0352 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Albany local planning scheme amendment on 22 November 2011 for the purpose of— 1. Rezoning Lots 36-38, Lots 41-45 and Lots 47-52 Federal Street and Lots 39, 40 and 46

Gladville Road, McKail from the Rural zone to Special Residential zone and amending the Scheme Maps accordingly.

2. Including Lots 36-38, Lots 41-45 and Lots 47-52 Federal Street and Lots 39, 40 and 46 Gladville Road, McKail in Special Residential Area No. 9, Schedule IV—Special Residential Zones—Provisions Relating to Specified Areas.

3. Amending Schedule IV—Special Residential Zones—Provisions Relating to Specified Areas, Special Residential Area No. 9 by removing Provisions 1.1, 1.3, 11.2 and replacing them with the following—

Area Locality Lot(S) Location Special Provisions SRes 9 SRes 9

Federal Street, McKail Gladville Road, McKail

36-38, 41-45 & 47-52 on Plan 267 39, 40 & 46 on Plan 267

1.1 Subdivision of Special Residential Zone Area 9 shall generally be in accordance with the Subdivision Guide Plans endorsed by the CEO or Manager for Planning. 1.3 Although the Subdivision Guide Plans do not depict any subdivision for Lots 26-31, 36-52, 121 and 122 Federal Street and Gladville Road,


Area Locality Lot(S) Location Special Provisions Council may recommend subdivision approval to the Commission provided that— i. The design of any proposed subdivision

complies with a minimum lot size of 4000m2 as well as the objectives, intent and requirements of the zone.

ii. The proposed subdivision is suitable having regard to the physical characteristics of the site, capability and suitability considerations, adjoining development, onsite effluent disposal, proximity to the speedway and Western Power Substation and the need to preclude direct lot access to Albany Highway.

iii. The proposed subdivision can be adequately serviced.

iv. Subdivision of Lots 36-38 shall not be supported until such time as the Speedway has been permanently closed or relocated.

11.2 Council may request the Commission to impose a condition at the time of subdivision for road upgrading contributions and upgrading to the existing drainage system within the road reserves on Gladville Road, Federal Street and/or McKail Road.

4. Inserting the following Provisions in Schedule IV—Special Residential Zones—Provisions Relating to Specified Areas, Special Residential Area No. 9—

Area Locality Lot(S) Location Special Provisions SRes 9 Gladville

Road and Federal Street, McKail

36-52 5.4 No buildings will be permitted in areas marked on the Subdivision Guide Plan as ‘Development Exclusion (Future Roads / Setbacks)’ to protect the ability to develop Lots 36-52 for fully serviced residential lots in the future. 8.3 Lots 36-52 shall be required to provide a water tank of not less than 50,000L capacity to harvest rainwater for non-potable household and garden use. 9.5 Late Winter site testing for onsite effluent disposal capability on Lots 36-52 on the Subdivision Guide Plan may be required prior to subdivision, on the advice of Council and/or the Health Department of W.A. i. If the late winter site testing determines

that the relevant requirements cannot be met and a reticulated sewerage service cannot be provided, subdivision will not be supported.

ii. If the late winter site testing determines that the relevant requirements can be met, effluent disposal shall be undertaken with an approved Phosphorous Retaining Alternative Treatment Unit (ATU) to the specifications of Council and the Health Department of W.A.

9.6 New effluent disposal units to be implemented on Lots 50-52 are to be setback at least 50 metres from the water course depicted on the Subdivision Guide Plan. 15.0 Speedway Noise Buffering 15.1 The provisions relating to Speedway Noise Buffering requirements relate only to Lots 36-52 as shown on the Subdivision Guide Plan. 15.2 Should Council be satisfied that the Speedway is closed, operate in a manner that


Area Locality Lot(S) Location Special Provisions substantially the noise levels as of 2009 or relocated from its current site in Reddale Road, provisions relating to Speedway Noise Buffering will not be applicable to Lots 36-52 as shown on the Subdivision Guide Plan. 15.3 No additional habitable dwellings are permitted within the 71dB(A) noise buffer. 15.4 Further development of Lots 36-52 will be subject to quiet house design guidelines adopted by Council, in addition to any other development requirements of the Scheme. 15.5 Existing development or alterations to existing development are to be excluded from the requirements of quiet house design guidelines adopted by Council. 15.6 New titles created on Lots 36-52 are to require a notification on title advising new lot owners of the above requirements.


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APPROVED LOCAL PLANNING SCHEME AMENDMENT Shire of Carnamah

Town Planning Scheme No. 1—Amendment No. 6 Ref: TPS/0582 It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the Shire of Carnamah local planning scheme amendment on 20 December 2011 for the purpose of— 1. Rezoning Lots 68, 69 and 70 Inja Street, Carnamah from “Special Rural” to “Industrial”. 2. Rezoning Lot 301 Railway Avenue, Carnamah from “Rural” to “Industrial”. 3. Amending the Scheme Maps accordingly.

M. ISBISTER, Shire President. W. T. ATKINSON, Chief Executive Officer.

RACING, GAMING AND LIQUOR

RA401* LIQUOR CONTROL ACT 1988

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

Last Date App. No. Applicant Nature of Application for Objections

APPLICATIONS FOR THE GRANT OF A LICENCE

14276 Whitsilke Pty Ltd Application for the grant of a Small Bar licence in respect of premises situated in Busselton and known as Laundry Cafe

19/01/2012


Last Date App. No. Applicant Nature of Application for Objections

APPLICATIONS FOR THE GRANT OF A LICENCE—continued

14279 Bradley Phillip Harris

Application for the grant of a Producers licence in respect of premises situated in Bickley and known as Bickley Valley Brewery

25/01/2012

14260 ISS Integrated Services Pty Ltd

Application for the grant of a Tavern Restricted licence in respect of premises situated in Wickham and known as Wickham Sportsman’s Bar

31/01/2012

14285 Willetton Bowling Club Inc

Application for the grant of a Club Restricted licence in respect of premises situated in Willetton and known as Willetton Bowling Club Inc

31/01/2012

14227 Michael Daniel Kelly and Allison Kelly

Application for the grant of a Producers licence in respect of premises situated in Yallingup and known as Kelly’s Vineyard

3/02/2012

14282 Food Australia Group Pty Ltd

Application for the grant of a Producers licence in respect of premises situated in West Swan and known as Coward and Black Vineyards and Providore

3/02/2012

14288 Woolworths Limited Application for the grant of a Liquor Store licence in respect of premises situated in Edgewater and known as Dan Murphy’s Joondalup

7/02/2012

14247 Itsara Holdings Pty Ltd

Application for the grant of a Small Bar licence in respect of premises situated in Nedlands and known as Itsara Restaurant

14/02/2012

14278 Blend 360 Pty Ltd Application for the grant of a Small Bar licence in respect of premises situated in Melville and known as The Midnight Fox

15/02/2012

14229 The Old Brewery Bar and Grill and Functions Pty Ltd

Application for the grant of a Tavern Restricted licence in respect of premises situated in Perth and known as The Old Brewery Grill, Functions and Private Dining

12/02/2012

14272 Robert C Credaro and Phyllis E Credaro

Application for the grant of a Producers licence in respect of premises situated in Carbunup River and known as Credaro Family Trust

16/02/2012

14280 Progressive Trading Pty Ltd

Application for the grant of a Liquor Store licence in respect of premises situated in Busselton and known as Progressive Supa IGA Busselton

22/02/2012

APPLICATION FOR EXTENDED TRADING PERMITS—ONGOING EXTENDED HOURS

39043 Whilan Holdings Pty Ltd

Application for the grant of an Extended Trading Permit in respect of premises situated in Busselton and known as Esplanade Hotel

25/01/2012

APPLICATION TO ADD, VARY OR CANCEL A CONDITION OF LICENCE

376804 Left Bank Holdings Pty Ltd

Application to add, vary or cancel a condition of a Special Facility licence in respect of premises situated in East Fremantle and known as Left Bank Bar and Cafe

15/01/2012

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

Dated: 13 January 2012. B. A. SARGEANT, Director of Liquor Licensing.


ROTTNEST ISLAND AUTHORITY

RX401* ROTTNEST ISLAND REGULATIONS 1988

CLOSURE OF WATERS TO BOATING Thomson Bay, Rottnest Island

Rottnest Island Channel Swim 2012 Acting pursuant to the powers conferred by Regulation 38B of the Rottnest Island Regulations 1988, the Rottnest Island Authority hereby closes the following waters to all vessels, excluding bona fide emergency vessels, between 6:00am and 6.00pm on Saturday 25 February 2012.

Thomson Bay All the waters within and bounded by the points 31.99724 south and 115.54699 east 31.996947 south and 115.546329 east 31.997906 south and 115.543288 east 31.997748 south and 115.542559 east In addition to the above area, all waters within 40 metres of the shoreline, from a point on the foreshore 220 metres south-east of the Hotel Jetty and extending in a north-westerly direction to the Rottnest Island Fuel Jetty, will be closed. To assist mariners, the Rottnest Island Authority will have float lines in place identifying the above areas. This has been introduced to assist in achieving public safety and appropriate signage will be placed on site. Mariners are advised to navigate with caution and maintain a safe clearance when transiting this area.

PAOLO AMARANTI, Chief Executive Officer, Rottnest Island Authority.

SALARIES AND ALLOWANCES TRIBUNAL

SX401* SALARIES AND ALLOWANCES ACT 1975

DETERMINATION VARIATION Small Business Development Corporation

PREAMBLE The Salaries and Allowances Tribunal has issued a determination in respect of the holder of the office of Small Business Commissioner, Small Business Development Corporation.

DETERMINATION The determination of the Salaries and Allowances Tribunal made on 31 March 2011 under sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time, is hereby varied by a further determination set out below. The variation is effective from 17 January 2012. Remove from Part 1 of the First Schedule the following—

Office Department or Agency Office Holder Salary Managing Director Small Business

Development Corporation Vacant $-

Include in Part 1 of the First Schedule the following—

Office Department or Agency Salary Office Holder Small Business Commissioner

Small Business Development Corporation

$210,000 D Eaton

Dated at Perth this 6th day of January 2012. W. S. COLEMAN AM, C. A. BROADBENT, B. J. MOORE, Chairman. Member. Member.

Salaries and Allowances Tribunal.


DECEASED ESTATES

ZX401 TRUSTEES ACT 1962 DECEASED ESTATES

Notice to Creditors and Claimants Noel Francis Clarke, late of 86 Bandalong Road, High Wycombe in the State of Western Australia, Retired Factory Worker, died on 28 September 2011. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the deceased person are required by the deceased’s personal representative, Eric Tan, to send particulars of their claims to him at Robertson Hayles Lawyers Pty Ltd of P.O. Box Z5403, Perth WA 6831 within one month of the date of publication hereof after which date the personal representative may convey or distribute the assets, having regard only to the claims of which he then has notice. Dated: 17 January 2012.

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Notice to Creditors and Claimants Suzette Maidie Harper, late of Bassendean Nursing Home, 27 Hamilton Street, Bassendean and formerly of 40 Allpike Road, Darlington in the State of Western Australia, Retired Nurse, died on 17 June 2011. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the deceased person are required by the deceased’s personal representative, Noel Harding, to send particulars of their claims to him at Robertson Hayles Lawyers Pty Ltd of P.O. Box Z5403, Perth WA 6831 within one month of the date of publication hereof after which date the personal representative may convey or distribute the assets, having regard only to the claims of which he then has notice. Dated: 17 January 2012.

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Notice to Creditors and Claimants Any creditors having claims on the estate of Gregory James Smith, late of 11 Lingfield Way, Morley in the State of Western Australia, deceased 20 June 2011, are required to send particulars of their claims to Marie Julie Murphy, executor, c/- Lynn & Brown Lawyers, PO Box 1114, Morley, WA 6943 by 15 February 2012, after which date the executor may distribute the assets having regard only to the claims of which she then has notice.

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Notice to Creditors and Claimants In the estate of Vincenzo Fiorenza, late of 148 Fawcett Road, Hamel, Western Australia, deceased. Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the above named deceased who died on 19 July 2011 are required by the personal representative Kathryn Louise Fiorenza of care of HHG Legal Group, 49 Peels Place, Albany, Western Australia to send particulars of their claims to her by 29 February 2012, after which date the personal representative may convey or distribute the assets having regard only to the claims of which she then has notice.

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STATE LAW PUBLISHER

10 William Street, Perth 6000

Telephone: (08) 9426 0000; Fax (08) 9321 7536

Email: [email protected]

CHANGE TO PUBLICATION TIMES

Clients please note that the publication time for all General Government Gazettes will change from 3.30 pm to 12.00 noon.

This change will commence for the General Government Gazette published 6 January 2012.

All copy close-off times will remain the same, being 12.00 noon on Wednesday each week for the Friday Gazette and 12.00 noon Friday for the Tuesday Gazette.

JOHN STRIJK, Director and Government Printer, State Law Publisher,

Department of the Premier and Cabinet.


Order your Bound Volumes of Government Gazette 2012 An attractively presented set of

4 Bound Volumes of Government Gazette

For Government Departments and private firms who require bound copies of Government Gazettes, the State Law Publisher offers a subscription covering 4 Quarterly Volumes at a cost of $1,289.00.

The Gazettes will be bound in black cloth with gold foil lettering on the spine and can be personalised by the addition of the client's name in gold lettering on the front cover if required. PLEASE NOTE On the rare occasion where extra gazettes are published in one quarter, a fifth volume may be required. In this instance the extra cost involved will be borne by the State Law Publisher and not passed on to clients.

For further information please contact:

State Law Publisher

Telephone: 9426 0000


STATE LAW PUBLISHER SUBSCRIPTION RATES FOR 2012

All subscriptions are for the period from 1 January to 31 December 2012. Subject to certain limitations, refunds may be allowed if a subscription is cancelled during the year. The prices quoted include GST where applicable and postage by surface mail unless stated otherwise.

GOVERNMENT GAZETTE General Government Gazettes are published on Tuesday and Friday of each week, unless disrupted by public holidays or unforseen circumstances. Special Government Gazettes are published periodically on any day. All Gazettes $ Within WA .................................. 1,040.00 Interstate .................................. 1,059.00

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