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Original Document Creator: Bruce Smith
4787
ISSN 1448-949X (print) ISSN 2204-4264 (online)
PRINT POST APPROVED PP665002/00041
PERTH, THURSDAY, 24 DECEMBER 2020 No. 214 PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER
© STATE OF WESTERN AUSTRALIA
WESTERN AUSTRALIAN GOVERNMENT
CONTENTS
PART 1
Page
Co-operatives Amendment Regulations 2020 ........................................................................... 4806 Local Government (Cunderdin and Quairading—Change of Boundaries) Order 2020 .......... 4811 Marine and Harbours (Hillarys Boat Harbour)—Proclamation 2020 ..................................... 4790 Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2020 .............. 4791 Restraining Orders Amendment Regulations (No. 2) 2020 ..................................................... 4809 Road Traffic (Administration) Amendment Regulations (No. 2) 2020 .................................... 4812 Road Traffic Amendment (Impaired Driving and Penalties) Act 2020 Commencement
Proclamation (No. 3) 2020 ...................................................................................................... 4790 Road Traffic Code Amendment Regulations (No. 3) 2020 ........................................................ 4813 Settlement Agents Amendment Regulations 2020 ................................................................... 4799 Suitors’ Fund Amendment Act 2019 Commencement Proclamation 2020 ............................. 4789 Suitors’ Fund Amendment Regulations 2020 ........................................................................... 4808
———
PART 2
Energy ........................................................................................................................................ 4831 Fire and Emergency Services .................................................................................................... 4831 Health ......................................................................................................................................... 4832 Justice ......................................................................................................................................... 4833 Marine/Maritime ........................................................................................................................ 4833 Minerals and Petroleum ............................................................................................................ 4834 Planning ..................................................................................................................................... 4837 Premier and Cabinet .................................................................................................................. 4838 Public Notices ............................................................................................................................. 4840 Racing, Gaming and Liquor ...................................................................................................... 4839
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GOVERNMENT GAZETTE
PUBLISHING DETAILS FOR CHRISTMAS 2020
AND NEW YEAR HOLIDAY PERIOD 2021
—————
Publishing Closing Dates and Times
Dates for copy
Tuesday, 22 December 2020 Friday, 18 December 2020 at 12 noon
Thursday, 24 December 2020 Wednesday, 23 December 2020 at 12 noon
Thursday, 31 December 2020 Wednesday, 30 December 2020 at 12 noon
The Government Gazette will not be published on
Tuesday 29 December 2020
Tuesday 5 January 2021
The next edition will be published on Friday 8 January 2021 and
copy will close 12 noon Wednesday 6 January 2021
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The next edition will be published on Friday 29 January 2021
Copy for this publication will close 12 noon, Wednesday 27 January 2021.
mailto:publications@pco.wa.gov.au
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24 December 2020 GOVERNMENT GAZETTE, WA 4789
— PART 1 —
PROCLAMATIONS
AA101
Suitors’ Fund Amendment Act 2019
Suitors’ Fund Amendment Act 2019
Commencement Proclamation 2020
SL 2020/260
Made under the Suitors’ Fund Amendment Act 2019 section 2(b) by the
Governor in Executive Council.
1. Citation
This proclamation is the Suitors’ Fund Amendment Act 2019
Commencement Proclamation 2020.
2. Commencement
The Suitors’ Fund Amendment Act 2019 sections 4 and 5 come
into operation on 1 January 2021.
K. BEAZLEY, Governor. L.S.
J. QUIGLEY, Attorney General.
Note: This proclamation brings into operation the remainder of the Suitors’ Fund
Amendment Act 2019.
The Suitors’ Fund Amendment Regulations 2020 come into operation on the
day on which the Suitors’ Fund Amendment Act 2019 section 4 comes into
operation.
———————————
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4790 GOVERNMENT GAZETTE, WA 24 December 2020
AA102
Road Traffic Amendment (Impaired Driving and Penalties) Act 2020
Road Traffic Amendment (Impaired Driving
and Penalties) Act 2020 Commencement
Proclamation (No. 3) 2020
SL 2020/254
Made under the Road Traffic Amendment (Impaired Driving and
Penalties) Act 2020 section 2(1)(b) by the Governor in Executive
Council.
1. Citation
This proclamation is the Road Traffic Amendment (Impaired
Driving and Penalties) Act 2020 Commencement Proclamation
(No. 3) 2020.
2. Commencement
The Road Traffic Amendment (Impaired Driving and Penalties)
Act 2020 sections 29(10) and 33 come into operation on
26 February 2021.
K. BEAZLEY, Governor. L.S.
M. ROBERTS, Minister for Road Safety.
Note: The Road Traffic (Administration) Amendment Regulations (No. 2) 2020, other
than regulations 1 and 2, come into operation on the day on which the Road
Traffic Amendment (Impaired Driving and Penalties) Act 2020 section 33 comes
into operation.
———————————
AA103
MARINE AND HARBOURS ACT 1981
MARINE AND HARBOURS (HILLARYS BOAT HARBOUR) PROCLAMATION 2020
Made under the Marine and Harbours Act 1981 section 9(2) by the Governor in Executive Council.
1. Citation
This proclamation is the Marine and Harbours (Hillarys Boat Harbour) Proclamation 2020.
2. Commencement
This proclamation comes into operation as follows—
(a) clauses 1 and 2—on the day on which this proclamation is published in the Gazette;
(b) the rest of the proclamation—on the day after that day.
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24 December 2020 GOVERNMENT GAZETTE, WA 4791
3. Proclamation varied
The proclamation made under section 9(1) of the Marine and Harbours Act 1981 and published in the Gazette on 6 September 1985 at p. 3443 as varied by proclamations so made and published on 22 November 1985 at p. 4396, 6 February 1987 at p. 290, 12 August 1988 at p. 2696 and 20 October 1998 at p. 5775, is hereby varied by deleting the Schedule and inserting the following Schedule—
Schedule—Hillarys Boat Harbour
1. Terms used
In this Schedule—
Deposited Plan, followed by a number, means the deposited plan of that number held by the Western Australian Land Information Authority established by the Land Information Authority Act 2006.
The Minister for Transport is a body corporate created under the Marine and Harbours Act 1981 section 8(1).
2. Land and seabed vested in the Minister for Transport
All that portion of land and seabed known as Lot 13455 on Deposited Plan 220334 and Lot 501 on Deposited Plan 417015, is vested in the Minister for Transport.
K. BEAZLEY, Governor L.S.
R. SAFFIOTI, Minister for Transport.
INDUSTRY REGULATION
IS301
Real Estate and Business Agents Act 1978
Real Estate and Business Agents (General)
Amendment Regulations (No. 2) 2020
SL 2020/257
Made by the Governor in Executive Council.
1. Citation
These regulations are the Real Estate and Business Agents
(General) Amendment Regulations (No. 2) 2020.
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 1 January 2021.
3. Regulations amended
These regulations amend the Real Estate and Business Agents
(General) Regulations 1979.
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4792 GOVERNMENT GAZETTE, WA 24 December 2020
4. Regulation 2 amended
(1) In regulation 2(1) delete the definitions of:
CPD activity
CPD subject
educational activity
mandatory CPD activity
mandatory CPD subject
point value
regulated person
relevant day
(2) In regulation 2(1) insert in alphabetical order:
approved CPD activity means an educational activity
approved for a calendar year under regulation 4AC(1)
or (2);
continuing professional development activity means —
(a) the successful completion of the modules under
regulation 6A(3)(a); or
(b) in 2021 — the successful completion of the
modules under regulation 6A(3)(b); or
(c) an approved CPD activity;
CPD subject means a continuing professional
development subject listed in Schedule 1A;
educational activity —
(a) means an activity that relates to a CPD subject
that is —
(i) delivered in person, electronically or by
audio or audiovisual means; or
(ii) a recording;
and
(b) includes —
(i) a course of study; and
(ii) the successful completion of any
assessment required by the activity;
mandatory CPD activity means an approved CPD
activity specified by the Commissioner under
regulation 4AC(4) as a mandatory CPD activity for a
regulated person for a calendar year;
point value, in relation to a continuing professional
development activity, means —
(a) for an approved CPD activity — the point value
approved by the Commissioner for the activity
under regulation 4AC(1) or (2); or
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24 December 2020 GOVERNMENT GAZETTE, WA 4793
(b) in any other case — 7 points;
regulated person means a licensee who is an
individual, or a sales representative;
5. Regulation 4A amended
Delete regulation 4A(2) and insert:
(2) The holding fee is payable —
(a) on or before the day that is 60 days after the
day on which a licensee ceases to hold a current
triennial certificate in respect of their licence;
and
(b) subsequently at 3-year intervals on or before
the day in that year that is 30 days after the
anniversary of the day on which the licensee
pays the holding fee under paragraph (a).
6. Regulations 4AA to 4AC replaced
Delete regulations 4AA to 4AC and insert:
4AA. Educational requirements (Act s. 40B and 50C)
(1) For the purposes of sections 40B and 50C of the Act,
the prescribed educational requirements for a regulated
person for a calendar year are that the person complete
continuing professional development activities that —
(a) have a combined point value of at least
10 points; and
(b) include any mandatory CPD activities for the
regulated person for the calendar year.
(2) A regulated person is taken to have complied with
subregulation (1) for a calendar year if the person is —
(a) a licensee to whom both of the following
apply —
(i) the licensee’s licence is granted between
1 October and 31 December of the
calendar year;
(ii) the licensee completed a prescribed
examination for the grant of the licence
in the 12 months immediately before the
day on which the licence is granted;
or
(b) a sales representative whose certificate of
registration was granted between 1 October and
31 December of the calendar year; or
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4794 GOVERNMENT GAZETTE, WA 24 December 2020
(c) a regulated person —
(i) to whom the Commissioner grants an
exemption under regulation 4AB from
all or part of the education requirements
for the calendar year; and
(ii) who complies with the requirements of
the exemption.
(3) If a regulated person commences an educational
activity in a calendar year before the Commissioner’s
approval of the activity as an approved CPD activity
takes effect under regulation 4AC, the regulated person
is taken not to have completed the activity for the
purposes of subregulation (1).
4AB. Exemption from educational requirements
(1) A regulated person (the applicant) may apply to the
Commissioner for a total or partial exemption from the
education requirements under regulation 4AA(1) for a
calendar year.
(2) The application for the exemption must —
(a) be made in the calendar year to which the
application relates; and
(b) set out in sufficient detail —
(i) the exemption applied for, including
whether the application is for a total or
partial exemption; and
(ii) the basis upon which the exemption is
being sought;
and
(c) otherwise be in the approved form.
(3) The Commissioner may grant the applicant the
exemption if the Commissioner considers it appropriate
to do so.
(4) Without limiting subregulation (3), the Commissioner
may grant the applicant the exemption if, during the
calendar year to which the application relates, the
applicant —
(a) has a disability or is affected by illness or
injury; or
(b) has undertaken other educational or
professional activities; or
(c) would suffer undue hardship if required to
comply with the educational requirements.
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24 December 2020 GOVERNMENT GAZETTE, WA 4795
(5) The Commissioner may grant the exemption subject to
conditions.
(6) The Commissioner must give the applicant a notice in
writing setting out —
(a) the Commissioner’s decision on the
application; and
(b) if the decision is to grant the exemption —
(i) whether the exemption is a total or
partial exemption; and
(ii) if the exemption is a partial
exemption — the educational
requirements the applicant must comply
with; and
(iii) any conditions to which the exemption
is subject.
4AC. Commissioner to approve continuing professional
development activities
(1) Before 1 January of a calendar year, the Commissioner
must —
(a) by written notice, approve educational activities
as approved CPD activities for the year for —
(i) all regulated persons; or
(ii) particular regulated persons or classes of
regulated persons;
and
(b) approve a point value for undertaking each
approved CPD activity; and
(c) ensure that the approved CPD activities for
each regulated person have a combined point
value of at least 10 points.
(2) After 1 January of a calendar year, the
Commissioner —
(a) may, by written notice, approve an educational
activity as an approved CPD activity for the
year for —
(i) all regulated persons; or
(ii) particular regulated persons or classes of
regulated persons;
and
(b) must approve a point value for undertaking the
approved CPD activity.
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4796 GOVERNMENT GAZETTE, WA 24 December 2020
(3) The Commissioner may approve —
(a) an approved CPD activity for particular
regulated persons or classes of regulated
persons; and
(b) a different point value for an approved CPD
activity for particular regulated persons or
classes of regulated persons.
(4) The Commissioner may specify, by written notice, an
approved CPD activity as a mandatory CPD activity
for a calendar year for —
(a) all regulated persons; or
(b) particular regulated persons or classes of
regulated persons.
(5) A written notice made under this regulation must —
(a) if the notice is made under subregulation (1)
or (2) — set out the point value for undertaking
each activity; and
(b) be published on a website maintained by the
Commissioner; and
(c) specify the date on which the notice takes effect
(which must not be a date earlier than the day
on which the notice is published).
4AD. Commissioner to publish list of continuing
professional development activities on website
The Commissioner must maintain a list of continuing
professional development activities on a website
maintained by the Commissioner, including —
(a) the approved CPD activities for a calendar year
for regulated persons; and
(b) the CPD subject to which each approved CPD
activity relates; and
(c) any mandatory CPD activities approved for
regulated persons for the calendar year; and
(d) the point value for each continuing professional
development activity for regulated persons.
7. Regulation 8 amended
In regulation 8 delete the Penalty and insert:
Penalty: a fine of $1 000.
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24 December 2020 GOVERNMENT GAZETTE, WA 4797
8. Regulation 16 inserted
After regulation 15 insert:
16. Transitional regulation for Real Estate and Business
Agents (General) Amendment Regulations
(No. 2) 2020
(1) In this regulation —
commencement day means the day on which the Real
Estate and Business Agents (General) Amendment
Regulations (No. 2) 2020 regulation 8 comes into
operation;
former regulation 4AA means regulation 4AA as in
force immediately before commencement day.
(2) An approval of a CPD activity, and a point value for
the activity, for 2020 made under former
regulation 4AA is taken, on and from commencement
day, to be an approval made under regulation 4AC
for 2020.
(3) If the Commissioner specified a CPD activity as a
mandatory CPD activity under former regulation 4AA
for 2020 and the specification is in force immediately
before commencement day, the mandatory CPD
activity is taken, on and from commencement day, to
have been specified under regulation 4AC(4) for 2020.
9. Schedule 1A amended
(1) In the heading to Schedule 1A delete “Professional” and insert:
Continuing professional
(2) Delete the reference after the heading to Schedule 1A and
insert:
[r. 2]
10. Schedule 2 Form 2 amended
In Schedule 2 Form 2 delete “Department of Commerce —
Consumer Protection” (each occurrence) and insert:
Department of Mines, Industry Regulation and Safety — Consumer Protection Division
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4798 GOVERNMENT GAZETTE, WA 24 December 2020
11. Schedule 2 Form 3 amended
In Schedule 2 Form 3 delete “Department of Commerce —
Consumer Protection” and insert:
Department of Mines, Industry Regulation and Safety — Consumer
Protection Division
12. Schedule 3 amended
In Schedule 3 in the table:
(a) delete the items for s. 35 and 37(3);
(b) before the item for s. 40(1)(a) insert:
s. 40B Licensee failing to comply with educational
requirements $1 000
(c) delete the items for s. 41(1)(a), 41(1)(b), 41(2)(a),
41(2)(b), 51(1), 70(1), 70(3), 70(8) and 86 and insert:
s. 50C Sales representative failing to comply with
educational requirements $1 000
s. 84(1) Failing to cause audit of trust account under
section 70(1) $2 000
s. 84(1) Failing to deliver audit report to the
Commissioner under section 70(3) $2 000
s. 84(1) Failing to deliver a termination audit report under
section 70(8) $600
s. 142 Failing to notify Commissioner of commencing or
ceasing business under section 35 $400
s. 142 Branch manager acting for more than one licensee
or as an agent on own account under section 37(3) $400
s. 142 Failing to display official details at registered
office under section 41(1)(a) $400
s. 142 Failing to display official details at branch office
under section 41(1)(b) $400
s. 142 Failing to display official details on all
correspondence and documents from registered
office under section 41(2)(a) $400
s. 142 Failing to display official details on all
correspondence and documents from branch
office under section 41(2)(b) $400
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24 December 2020 GOVERNMENT GAZETTE, WA 4799
s. 142 Failing to notify Commissioner of commencing or
ceasing employment, or acting, as a sales
representative under section 51(1) $400
(d) in the item for r. 8 delete “$20” and insert:
$200
N. HAGLEY, Clerk of the Executive Council.
———————————
IS302
Settlement Agents Act 1981
Settlement Agents Amendment Regulations 2020
SL 2020/259
Made by the Governor in Executive Council.
1. Citation
These regulations are the Settlement Agents Amendment
Regulations 2020.
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 1 January 2021.
3. Regulations amended
These regulations amend the Settlement Agents
Regulations 1982.
4. Regulation 2 amended
(1) In regulation 2 delete the definitions of:
approved educational activity
core professional development subject
points
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4800 GOVERNMENT GAZETTE, WA 24 December 2020
(2) In regulation 2 insert in alphabetical order:
approved educational activity, for a calendar year,
means an educational activity approved for the year
under regulation 4D;
core professional development subject, for a calendar
year, means a professional development subject that
the Commissioner approves as a core professional
development subject for the year under
regulation 4D(1)(a)(i);
educational activity —
(a) means an activity that relates to a professional
development subject that is —
(i) delivered in person, electronically or by
audio or audiovisual means; or
(ii) a recording;
and
(b) includes —
(i) a course of study; and
(ii) the successful completion of any
assessment required by the activity;
point value, in relation to an approved educational
activity, means the point value approved for the
activity by the Commissioner under
regulation 4D(3)(a);
professional development subject means a subject
listed in Schedule 1A;
5. Regulation 4A amended
Delete regulation 4A(2) and insert:
(2) The holding fee is payable —
(a) on or before the day that is 60 days after the
day on which a licensee ceases to hold a current
triennial certificate in respect of their licence;
and
(b) subsequently at 3-year intervals on or before
the day in that year that is 30 days after the
anniversary of the day on which the licensee
pays the holding fee under paragraph (a).
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24 December 2020 GOVERNMENT GAZETTE, WA 4801
6. Regulations 4B and 4C replaced
Delete regulations 4B and 4C and insert:
4B. Educational requirements (Act s. 41B)
(1) For the purposes of section 41B of the Act, the
prescribed educational requirements for a calendar year
for a licensee who is an individual are that the licensee
complete approved educational activities for the
calendar year that —
(a) have a combined point value of at least
6 points; and
(b) include at least 2 activities that relate to 2 of the
core professional development subjects for the
calendar year.
(2) A licensee is taken to have complied with
subregulation (1) for a calendar year if —
(a) both of the following apply —
(i) the licensee’s licence is granted between
1 October and 31 December of the
calendar year;
(ii) the licensee completed a prescribed
examination for the grant of the licence
in the 12 months immediately before the
day on which the licence is granted;
or
(b) both of the following apply —
(i) the Commissioner grants the licensee an
exemption under regulation 4C from all
or part of the educational requirements
for the calendar year;
(ii) the licensee complies with the
requirements of the exemption.
(3) If a licensee commences an educational activity in a
calendar year before the Commissioner’s approval of
the activity as an approved educational activity under
regulation 4D, the licensee is taken not to have
completed the activity for the purposes of
subregulation (1).
4C. Exemption from educational requirements
(1) A licensee (the applicant) may apply to the
Commissioner for a total or partial exemption from the
educational requirements under regulation 4B(1) for a
calendar year.
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4802 GOVERNMENT GAZETTE, WA 24 December 2020
(2) The application for the exemption must —
(a) be made in the calendar year to which the
application relates; and
(b) set out in sufficient detail —
(i) the exemption applied for, including
whether the application is for a total or
partial exemption; and
(ii) the basis upon which the exemption is
being sought;
and
(c) otherwise be in the approved form.
(3) The Commissioner may grant the applicant the
exemption if the Commissioner considers it appropriate
to do so.
(4) Without limiting subregulation (3), the Commissioner
may grant the applicant the exemption if, during the
calendar year to which the application relates, the
applicant —
(a) has a disability or is affected by illness or
injury; or
(b) has undertaken other educational or
professional activities; or
(c) would suffer undue hardship if required to
comply with the educational requirements.
(5) The Commissioner may grant the exemption subject to
conditions.
(6) The Commissioner must give the applicant a notice in
writing setting out —
(a) the Commissioner’s decision on the
application; and
(b) if the decision is to grant the exemption —
(i) whether the exemption is a total or
partial exemption; and
(ii) if the exemption is a partial
exemption — the educational
requirements the applicant must comply
with; and
(iii) any conditions to which the exemption
is subject.
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24 December 2020 GOVERNMENT GAZETTE, WA 4803
4D. Commissioner to approve educational activities
(1) Before 1 January of a calendar year, the
Commissioner —
(a) must, by written notice —
(i) approve 4 professional development
subjects as core professional
development subjects for the year; and
(ii) approve 1 or more educational activities
in respect of each core professional
development subject for the year;
and
(b) may, by written notice, approve 1 or more
educational activities for the year in respect of
any other professional development subject.
(2) After 1 January of a calendar year, the Commissioner
may, by written notice, approve for the year an
educational activity as an approved educational activity
for the year in respect of a professional development
subject.
(3) The Commissioner must —
(a) approve a point value for undertaking each
approved educational activity; and
(b) ensure that the approved educational activities
approved under subregulation (1) for each
licensee have a combined point value of at least
6 points.
(4) The Commissioner may approve —
(a) an approved educational activity for particular
licensees or particular classes of licensees; and
(b) a different point value for an approved CPD
activity for particular licensees or particular
classes of licensees; and
(c) different core professional development
subjects for particular licensees or particular
classes of licensees.
(5) A written notice made under this regulation must —
(a) set out the point value for undertaking each
activity; and
(b) be published on a website maintained by the
Commissioner; and
(c) specify the date on which the notice takes effect
(which must not be a date earlier than the day
on which the notice is published).
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4804 GOVERNMENT GAZETTE, WA 24 December 2020
4E. Commissioner to publish details of approved
educational activities on website
The Commissioner must maintain, on a website
maintained by the Commissioner, a list of —
(a) the 4 core professional development subjects
for a calendar year; and
(b) approved educational activities for a calendar
year, including —
(i) the approved educational activities for
licensees for the year; and
(ii) the professional development subject to
which each approved educational
activity relates, and whether that subject
is a core professional development
subject; and
(iii) the point value for each approved
educational activity for licensees for the
year.
7. Regulation 15 amended
After regulation 15(2A) insert:
(2B) An offence under section 41B of the Act is an offence
for which an infringement notice may be issued under
the Criminal Procedure Act 2004 Part 2.
8. Regulation 18 inserted
After regulation 17 insert:
18. Transitional regulation for Settlement Agents
Amendment Regulations 2020
(1) In this regulation —
commencement day means the day on which the
Settlement Agents Amendment Regulations 2020
regulation 8 comes into operation;
former regulation 4C means regulation 4C as in force
immediately before commencement day.
(2) An approval of core professional development subjects,
educational activities and points for 2020 made under
former regulation 4C is taken, on and from
commencement day, to be an approval of core
professional development subjects, educational
activities and points values made under regulation 4D
for 2020.
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24 December 2020 GOVERNMENT GAZETTE, WA 4805
9. Schedule 1A amended
Delete the reference after the heading to Schedule 1A and
insert:
[r. 2]
10. Schedule 5 amended
At the end of Schedule 5 insert:
Part 3 — Other offence
Provision of the Settlement Agents
Act 1981
Modified Penalty
s. 41B $1 000
11. Schedule 6 Form 1 amended
In Schedule 6 Form 1 delete “Department of Commerce — Consumer
Protection” (each occurrence) and insert:
Department of Mines, Industry Regulation and Safety — Consumer Protection Division
12. Schedule 6 Form 2 amended
In Schedule 6 Form 2 delete “Department of Commerce — Consumer
Protection” and insert:
Department of Mines, Industry Regulation and Safety — Consumer Protection Division
N. HAGLEY, Clerk of the Executive Council.
———————————
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4806 GOVERNMENT GAZETTE, WA 24 December 2020
IS303
Co-operatives Act 2009
Co-operatives Amendment Regulations 2020
SL 2020/256
Made by the Governor in Executive Council.
1. Citation
These regulations are the Co-operatives Amendment
Regulations 2020.
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 Co-operatives Regulations 2010.
4. Regulation 4 amended
In regulation 4:
(a) in paragraph (f) delete “Territory).” and insert:
Territory);
(b) after paragraph (f) insert:
(g) the Co-operatives National Law Act 2020
(Queensland).
5. Regulation 38B inserted
After regulation 38A insert:
38B. Form of notice requiring production of documents
or attendance to answer questions (section 408)
For the purposes of section 408(1) of the Act, the
prescribed form of a notice is Form 1 in Schedule 7B.
-
24 December 2020 GOVERNMENT GAZETTE, WA 4807
6. Schedule 7B inserted
After Schedule 7A insert:
Schedule 7B — Form: notice under section 408(1)
[r. 38B]
Form 1 — Notice requiring production of documents or
attendance to answer questions (s. 408(1))
To [Insert name of co-operative or person who is
involved in the activities of the co-operative.]
Address
Attention [Delete if not required.]
Requirement You are required under the Co-operatives Act 2009
section 408 to:
produce the documents specified in the
annexure to the inspector at the time and
place specified below; or
attend before the inspector at the time and
place specified below to answer questions
relating to the promotion, formation,
membership, control, transactions, dealings,
business or property of [insert name of
co-operative].
[Delete or strike through dot point if not required.]
When to produce
documents/attend
[Specify relevant time.]
Where to produce
documents/attend
[Specify relevant place.]
Self-incrimination If a statement made in response to this notice might
tend to incriminate you, you should seek legal advice.
See the Co-operatives Act 2009 section 411 for
details about statements that might tend to
incriminate.
Issuing details Inspector: [Insert name of inspector appointed under
the Co-operatives Act 2009 section 400.]
An identity card has been given to the inspector and
must be produced or displayed in the circumstances
set out in the Co-operatives Act 2009 section 403.
Office: Department of Mines, Industry Regulation
and Safety, Consumer Protection Division
Address:
Contact:
Signature:
Date:
N. HAGLEY, Clerk of the Executive Council.
-
4808 GOVERNMENT GAZETTE, WA 24 December 2020
JUSTICE
JU301
Suitors’ Fund Act 1964
Suitors’ Fund Amendment Regulations 2020
SL 2020/261
Made by the Governor in Executive Council.
1. Citation
These regulations are the Suitors’ Fund Amendment
Regulations 2020.
2. Commencement
These regulations come into operation on the day on which the
Suitors’ Fund Amendment Act 2019 section 4 comes into
operation.
3. Regulations amended
These regulations amend the Suitors’ Fund Regulations 1965.
4. Regulation 15 replaced
Delete regulation 15 and insert:
15. Amount of levy prescribed (Act s. 5(1))
(1) In this regulation —
court fee regulations means —
(a) the Children’s Court (Fees) Regulations 2005;
or
(b) the District Court (Fees) Regulations 2002; or
(c) the Magistrates Court (Fees) Regulations 2005;
or
(d) the Supreme Court (Fees) Regulations 2002;
relevant process means —
(a) a writ of summons referred to in section 5(1)(a)
of the Act; or
(b) a claim or originating process that commences
a case referred to in section 5(1)(b) of the Act;
or
(c) a summons or court hearing notice referred to
in section 5(1)(c) of the Act.
-
24 December 2020 GOVERNMENT GAZETTE, WA 4809
(2) For the purposes of section 5(1) of the Act, the amount
of $3.00 is prescribed for a relevant process.
(3) Subregulation (2) does not apply to a relevant process
if, under court fee regulations —
(a) no fee is payable in respect of the filing or
issuing of the relevant process; or
(b) a fee is payable in respect of the filing or
issuing of the relevant process and —
(i) if the fee is payable by an individual —
it is the eligible individual fee; or
(ii) if the fee is payable by an entity — it is
the eligible entity fee.
N. HAGLEY, Clerk of the Executive Council.
———————————
JU302
Restraining Orders Act 1997
Restraining Orders Amendment Regulations
(No. 2) 2020
SL 2020/258
Made by the Governor in Executive Council.
1. Citation
These regulations are the Restraining Orders Amendment
Regulations (No. 2) 2020.
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 1 January 2021.
3. Regulations amended
These regulations amend the Restraining Orders
Regulations 1997.
-
4810 GOVERNMENT GAZETTE, WA 24 December 2020
4. Regulation 2A amended
In regulation 2A insert in alphabetical order:
Chief Dangerous Goods Officer means the person
designated as the Chief Dangerous Goods Officer
under the Dangerous Goods Safety Act 2004
section 25(2);
5. Part 2A inserted
After regulation 5B insert:
Part 2A — Explosives
5C. Terms used
In this Part —
explosives order means a restraining order that requires
the person bound by the order to give up possession of
any explosives or explosives licence.
5D. Giving up possession of explosives
(1) This regulation applies when an explosives order is
served on a restrained person who is in possession of
an explosive or explosives licence.
(2) The restrained person must give the explosive or
explosives licence to the Chief Dangerous Goods
Officer —
(a) as soon as is reasonably practicable after the
explosives order is served; and
(b) in any event, within 36 hours, or any longer
period specified in the explosives order, after
the explosives order is served.
5E. Dealing with explosives surrendered (Act s. 14A) or
seized (Act s. 62E)
(1) An explosive or explosives licence given to the Chief
Dangerous Goods Officer under section 14A of the
Act, or seized under section 62E(1AA) of the Act, is to
be held in safe custody by the Chief Dangerous Goods
Officer until —
(a) the requirement to give up possession of the
explosive or explosives licence is removed
from the explosives order; or
(b) the explosives order ceases to be in force; or
(c) the explosive or explosives licence may
otherwise lawfully be disposed of.
-
24 December 2020 GOVERNMENT GAZETTE, WA 4811
(2) Before returning an explosive or explosives licence, the
Chief Dangerous Goods Officer must have regard to
the matters referred to in the Dangerous Goods Safety
(Explosives) Regulations 2007 regulation 164 as if the
restrained person were an applicant for an explosives
licence.
(3) If an explosives licence which is being held by the
Chief Dangerous Goods Officer has not been reclaimed
within 1 month after an event referred to in
subregulation (1)(a) or (b), the Chief Dangerous Goods
Officer may regard the restrained person as having
surrendered the explosives licence under the
Dangerous Goods Safety (Explosives)
Regulations 2007 regulation 170.
6. Regulation 10A deleted
Delete regulation 10A.
7. Regulation 14A amended
After regulation 14A(a) insert:
(aa) the Chief Dangerous Goods Officer;
N. HAGLEY, Clerk of the Executive Council.
LOCAL GOVERNMENT
LG301
Local Government Act 1995
Local Government (Cunderdin and
Quairading - Change of Boundaries) Order 2020
Made by the Governor in Executive Council.
1. Citation
This order is the Local Government (Cunderdin and
Quairading - Change of Boundaries) Order 2020.
2. Commencement
This order comes into operation as follows —
(a) clauses 1 and 2 — on the day on which this order is
published in the Gazette;
(b) the rest of the order — on the day after that day.
-
4812 GOVERNMENT GAZETTE, WA 24 December 2020
3. Terms used
In this order —
Authority means the Western Australian Land Information
Authority established by the Land Information Authority
Act 2006 section 5(1);
Deposited Plan, followed by a number, means the deposited
plan of that number —
(a) lodged with the Authority; and
(b) certified by an authorised land officer as defined in the
Land Administration Act 1997 section 3(1); and
(c) available —
(i) in paper form at the Authority’s head office; and
(ii) in electronic form on the Authority’s official
website.
4. District boundaries changed
(1) The boundaries of the district of Cunderdin are changed so that
the district consists of the land delineated in red and coloured
purple on Deposited Plan 419901 version 1.
(2) The boundaries of the district of Quairading are changed so that
the district consists of the land delineated in red and coloured
purple on Deposited Plan 419900 version 1.
N. HAGLEY, Clerk of the Executive Council.
TRANSPORT
TN301
Road Traffic (Administration) Act 2008
Road Traffic (Administration) Amendment
Regulations (No. 2) 2020
SL 2020/262
Made by the Governor in Executive Council.
1. Citation
These regulations are the Road Traffic (Administration)
Amendment Regulations (No. 2) 2020.
-
24 December 2020 GOVERNMENT GAZETTE, WA 4813
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
Road Traffic Amendment (Impaired Driving and
Penalties) Act 2020 section 33 comes into operation.
3. Regulations amended
These regulations amend the Road Traffic (Administration)
Regulations 2014.
4. Regulation 23 amended
In regulation 23(2) in the Table after the item for
section 64AAA insert:
s. 71BA(3) Contravening a
prohibition notice
12
N. HAGLEY, Clerk of the Executive Council.
———————————
TN302
Road Traffic Act 1974
Road Traffic Code Amendment Regulations
(No. 3) 2020
SL 2020/253
Made by the Governor in Executive Council.
1. Citation
These regulations are the Road Traffic Code Amendment
Regulations (No. 3) 2020.
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 29 March 2021.
-
4814 GOVERNMENT GAZETTE, WA 24 December 2020
3. Regulations amended
These regulations amend the Road Traffic Code 2000.
4. Regulation 3 amended
(1) In regulation 3(1) insert in alphabetical order:
shared zone sign means a sign that is substantially
rectangular in shape and consists of the following upon
a white background —
(a) the numerals “10” or “20” in black set within a
red circle;
(b) the words “SHARED ZONE” in black
lettering;
(c) the symbol of a person next to the symbol of a
car, each in black;
Shared zone sign
(circle in red)
Note A “shared zone” sign may have a 10 or a 20 on the sign.
(2) In regulation 3(1) in the definition of shared zone:
(a) before paragraph (a) insert —
(aa) an area designated by the Minister as a shared
zone under regulation 4B; or
(b) delete both notes and insert:
Note A “shared zone” sign may have a 10 or a 20 on the sign.
(3) In regulation 3(1) in the definition of speed limit after
paragraph (c) insert:
(ca) a shared zone, means —
(i) in the case of a shared zone referred to
in paragraph (aa) of the definition of
shared zone — the speed specified by
the Minister as being the speed limit
-
24 December 2020 GOVERNMENT GAZETTE, WA 4815
applicable to the shared zone under
regulation 4B; or
(ii) in the case of a shared zone referred to
in paragraph (a) or (b) of the definition
of shared zone — the speed indicated
by the numerals on the “shared zone”
sign at the beginning of the zone; or
(iii) in the case of a shared zone referred to
in paragraph (c) of the definition of
shared zone — the speed indicated by
the numerals on the “shared zone” sign
on a road leading into the zone;
(4) In regulation 3(1) in the definition of speed limit sign delete “a
“school zone” sign or a” and insert:
“school zone” sign, “shared zone” sign or
(5) In regulation 3(1) in the definition of speed zone after
paragraph (c) insert:
(ca) the beginning of a shared zone; or
5. Regulation 4B inserted
After regulation 4A insert:
4B. Minister may designate shared zones
(1) The Minister may, by notice published in the
Gazette —
(a) designate an area as a shared zone; and
(b) specify a speed limit applicable to that area of
20 km/h or less.
(2) The Minister may, by notice published in the Gazette,
amend or repeal a notice made under subregulation (1).
6. Regulation 9 amended
In regulation 9(3) delete “shall be regarded as” and insert:
is taken to be
-
4816 GOVERNMENT GAZETTE, WA 24 December 2020
7. Regulation 11 amended
In regulation 11(4) delete “vehicle in a shared zone, at a speed
exceeding 10 km/h.” and insert:
vehicle in a shared zone at a speed exceeding the speed limit
applicable to the zone.
8. Regulation 20 amended
In regulation 20(1) delete “shall so drive the vehicle that, when
it reaches the intersection,” and insert:
must drive the vehicle so that when it reaches the intersection
9. Regulation 31 amended
(1) In regulation 31(1) delete “shall” and insert:
must
(2) In regulation 31(2):
(a) delete “shall” and insert:
must
(b) delete “the U turn is permitted by the traffic-control
signals or”.
10. Regulation 33 amended
(1) In regulation 33(1) delete “shall so drive the vehicle that, when
it reaches the point at which the turn is to be made,” and insert:
must drive the vehicle so that when it reaches the point at which
the turn is to be made
(2) In regulation 33(2) delete “shall — ” and insert:
must —
(3) In regulation 33(3) delete “shall,” and insert:
must,
-
24 December 2020 GOVERNMENT GAZETTE, WA 4817
11. Regulation 34 amended
(1) In regulation 34(1):
(a) in paragraph (c) delete “left;” and insert:
left, including diverging to the left from a straight line of
travel within a marked lane or within a line of traffic;
(b) after paragraph (c) insert:
(ca) moving to the left in order to start, or stop, lane
filtering in accordance with regulation 130B;
(2) In regulation 34(2):
(a) in paragraph (c) delete “right;” and insert:
right, including diverging to the right from a straight line
of travel within a marked lane or within a line of traffic;
(b) after paragraph (c) insert:
(ca) moving to the right in order to start, or stop,
lane filtering in accordance with
regulation 130B;
12. Regulation 39 replaced
Delete regulation 39 and insert:
39. Proceeding when faced with circular green signal or
green arrow
(1) If a traffic-control signal facing a driver displays a
circular green signal, the driver must, in accordance
with these regulations and if it is safe to do so —
(a) proceed straight ahead; or
(b) turn left; or
(c) turn right (including making a U turn if
permitted).
Modified penalty: 4 PU
(2) Subregulation (3) applies if a traffic-control signal
facing a driver displays a green arrow signal and the
driver is turning in the direction indicated by that
arrow.
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4818 GOVERNMENT GAZETTE, WA 24 December 2020
(3) The driver must, in accordance with these regulations
and if it is safe to do so, proceed in the direction
indicated by the arrow (including making a U turn if
permitted).
Modified penalty: 4 PU
13. Regulation 40 amended
(1) In regulation 40(1):
(a) delete “If ” and insert:
Except as provided in regulations 42, 43 and 43A, if
(b) in paragraph (a) delete “subject to regulations 42 and 43,
if there is a stop line at or near the signal, the driver shall
stop as near as practicable to, but before reaching, the
stop line and shall” and insert:
if there is a stop line at or near the signal, the driver
must stop as near as practicable to, but before reaching,
the stop line and must
(c) in paragraphs (b) and (c) delete “shall” (each
occurrence) and insert:
must
(2) In regulation 40(2):
(a) delete “signal —” and insert:
signal and the driver is turning in the direction indicated
by that arrow —
(b) in paragraph (a) delete “subject to regulation 43, if there
is a stop line at or near the signal, the driver shall stop as
near as practicable to, but before reaching, the stop line
and shall” and insert:
if there is a stop line at or near the signal, the driver
must stop as near as practicable to, but before reaching
the stop line and must
(c) in paragraphs (b) and (c) delete “shall” (each
occurrence) and insert:
must
-
24 December 2020 GOVERNMENT GAZETTE, WA 4819
14. Regulation 41 amended
(1) In regulation 41(1) delete “If a traffic-control signal facing a
driver displays a steady circular yellow signal or a yellow
arrow, the driver shall” and insert:
Except as provided in regulations 42 and 43A, if a
traffic-control signal facing a driver displays a steady circular
yellow signal or a yellow arrow, the driver must
(2) In regulation 41(2):
(a) delete “If” and insert:
Except as provided in regulations 42 and 43A, if
(b) delete “shall” and insert:
must
(3) In regulation 41(3) delete “shall” and insert:
must
15. Regulations 43A and 43B inserted
After regulation 43 insert:
43A. Effect of green bicycle light with red or yellow
signals
(1) This regulation applies to the rider of a bicycle who is
faced with —
(a) bicycle crossing lights displaying a green
bicycle crossing light; and
(b) either or both of the following —
(i) a traffic-control signal displaying a
circular red signal or a steady circular
yellow signal;
(ii) a traffic-control signal displaying a red
arrow signal or a yellow arrow signal.
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4820 GOVERNMENT GAZETTE, WA 24 December 2020
(2) Despite regulations 40 and 41, the rider may proceed
straight ahead.
43B. Effect of red bicycle light with green arrow signal
(1) This regulation applies to the rider of a bicycle
approaching an intersection on a carriageway if —
(a) the rider is in a bicycle lane to the far left side
of the carriageway; and
(b) drivers entering the intersection from the
marked lane next to the bicycle lane must only
turn left.
(2) Despite regulation 225, if the rider is faced with both a
traffic-control signal displaying a green arrow signal
pointing left and bicycle crossing lights displaying a
red bicycle crossing light, the rider may proceed, but
only in the direction indicated by the arrow.
16. Regulation 81 amended
In regulation 81(1) and (2) delete “driver, a driver shall” and
insert:
driver on a carriageway, the driver must
17. Regulation 126 amended
(1) In regulation 126(1) delete “shall” (each occurrence) and insert:
must
(2) After regulation 126(1) insert:
(1A) Subregulation (1) does not apply if the driver is the
rider of a motor cycle who is lane filtering in
accordance with regulation 130B.
18. Regulation 127 amended
(1) In regulation 127(1) delete “shall” and insert:
must
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24 December 2020 GOVERNMENT GAZETTE, WA 4821
(2) After regulation 127(3)(b) insert:
(ba) the driver is the rider of a motor cycle who is
lane filtering in accordance with
regulation 130B; or
19. Regulation 130 amended
(1) In regulation 130(1) delete “shall” and insert:
must
(2) In regulation 130(2):
(a) delete “shall” and insert:
must
(b) delete “riders.” and insert:
riders or one of the riders is the rider of a motor cycle
who is lane filtering in accordance with regulation 130B.
(3) In regulation 130(3) delete “shall” and insert:
must
(4) In regulation 130(4) delete “shall” and insert:
must, unless one of the riders is the rider of a motor cycle who
is lane filtering in accordance with regulation 130B,
20. Regulations 130A and 130B inserted
At the end of Part 11 Division 4 insert:
130A. Rider of motor cycle not to ride next to other
vehicles except in certain circumstances
(1) In this regulation —
2-wheeled motor cycle means a motor cycle other
than —
(a) a 2-wheeled motor vehicle with a sidecar
attached to it that is supported by a third wheel;
or
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4822 GOVERNMENT GAZETTE, WA 24 December 2020
(b) a motor vehicle with 3 wheels that is ridden in
the same way as a motor vehicle with 2 wheels.
(2) The rider of a motor cycle must not, unless overtaking
in accordance with these regulations, ride on a
carriageway alongside another vehicle that is —
(a) travelling in the same direction as the motor
cycle; but
(b) not travelling in a separate marked lane to the
motor cycle.
Points: 2 Modified penalty: 2 PU
(3) Subregulation (2) does not apply if the motor cycle is a
2-wheeled motor cycle and either —
(a) the rider of the motor cycle is lane filtering in
accordance with regulation 130B; or
(b) the other vehicle is a motor cycle or bicycle.
(4) Subregulation (2) does not apply if the motor cycle is a
motor cycle other than a 2-wheeled motor cycle and the
other vehicle is a 2-wheeled motor cycle or bicycle.
130B. When rider of a motor cycle is lawfully lane
filtering
(1) The rider of a motor cycle is lane filtering in
accordance with this regulation along a length of
carriageway if —
(a) the motor cycle is not —
(i) a 2-wheeled motor vehicle with a
sidecar attached to it that is supported
by a third wheel; or
(ii) a motor vehicle with 3 wheels that is
ridden in the same way as a motor
vehicle with 2 wheels;
and
(b) the rider rides the motor cycle between
2 vehicles, each vehicle travelling in —
(i) the same direction as the motor cycle;
and
(ii) separate but adjacent marked lanes or
lines of traffic.
(2) However, the rider of a motor cycle is not lane
filtering in accordance with this regulation along a
length of carriageway if any of the following
circumstances apply —
(a) the rider is approaching or riding on a
children’s crossing, marked foot crossing or
pedestrian crossing;
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24 December 2020 GOVERNMENT GAZETTE, WA 4823
(b) the rider is riding at a speed of more
than 30km/h;
(c) the rider is riding in a school zone or shared
zone;
(d) the speed limit applicable to the area or zone
that the rider is in is 40km/h or below (or, in the
case of a speed zone that begins with a variable
illuminated speed limit sign, the speed limit
applicable to the zone when the rider enters the
zone is 40km/h or below);
(e) the rider is riding on a freeway;
(f) 1 or both of the vehicles that the rider is riding
between is a heavy vehicle;
(g) the vehicles that the rider is riding between are
merging;
(h) a “no overtaking or passing” sign applies to the
length of carriageway within the meaning of
regulation 74(2);
(i) the rider would not be permitted to overtake
under regulation 75;
(j) it is not safe to do so in the circumstances;
(k) the rider is riding under the authority of a
learner’s permit as defined in the Road Traffic
(Authorisation to Drive) Act 2008 section 3(1);
(l) the rider is riding in a roundabout;
(m) the rider is riding in or next to a special purpose
lane.
(3) The rider of a motor cycle who is lane filtering in
accordance with this regulation is not overtaking for
the purposes of these regulations.
21. Regulation 192 amended
In regulation 192(2) delete “shall forthwith” and insert:
must immediately
22. Regulation 206 amended
(1) In regulation 206(1) delete “shall” and insert:
must
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4824 GOVERNMENT GAZETTE, WA 24 December 2020
(2) In regulation 206(1) delete the Modified penalty and insert:
Modified penalty:
(a) where the person is travelling on a
carriageway with a speed limit exceeding
70 km/h — 10 PU
(b) in any other case — 1 PU
(3) In regulation 206(1A) delete “subregulation (1)(c),” and insert:
subregulation (1)(c) and the Modified penalty in
subregulation (1),
(4) In regulation 206(2) delete “shall” and insert:
must
23. Regulation 211 amended
In regulation 211:
(a) delete “shall —” and insert:
must —
(b) in paragraph (a) delete “if seated, sit” and insert:
be
24. Regulation 214 replaced
Delete regulation 214 and insert:
214. Riding across a crossing
The rider of a bicycle riding across a carriageway, or
part of a carriageway, on a children’s crossing, marked
foot crossing or pedestrian crossing must —
(a) enter the crossing from the path connected to
the crossing and not from the carriageway; and
(b) approach and ride on the crossing at a speed not
exceeding 10 km/h; and
(c) keep to the left of the crossing unless it is
impracticable to do so; and
(d) give way to any pedestrians on the crossing.
Modified penalty: 1 PU
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24 December 2020 GOVERNMENT GAZETTE, WA 4825
25. Regulation 225 amended
In regulation 225 delete “The rider of a bicycle approaching a
carriageway with bicycle crossing lights shall not enter that
carriageway if —” and insert:
Except as provided in regulation 43B, the rider of a
bicycle on or approaching a carriageway with bicycle
crossing lights must not cross or enter that carriageway
if —
26. Regulation 264 amended
(1) In regulation 264(1) delete “shall not drive a motor” and insert:
must not drive a
(2) In regulation 264(2)(ba) delete “motorcycle” and insert:
motor cycle or bicycle
27. Regulation 297 amended
(1) In regulation 297(4), (4a) and (5) delete “shall” and insert:
must
(2) In regulation 297(6) and (9) delete “shall be” and insert:
is
28. Various references to “shall” amended
In the provisions listed in the Table delete “shall” (each
occurrence) and insert:
must
Table
r. 12(1) r. 13(2), (3) and (4)
r. 14 r. 16
r. 21(1), (2A) and (3A) r. 22(1)
r. 24(1) and (2) r. 25(1) and (2)
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4826 GOVERNMENT GAZETTE, WA 24 December 2020
r. 26(1) and (3A) r. 27(1), (2) and (3)
r. 28(2) r. 29
r. 30(1) r. 32(1), (2) and (3)
r. 35 r. 36(1), (2), (3), (4) and (5)
r. 37(1) and (2) r. 38(1) and (2)
r. 41A(1) and (2) r. 44(2) and (4)
r. 45(1), (2) and (3) r. 46(1) and (2)
r. 47 r. 48
r. 49(1), (2) and (3) r. 50(2), (3), (4) and (5)
r. 51(2) and (3) r. 52(1), (2) and (3)
r. 53 r. 54(2)
r. 55(2), (3), (4), (5) and (6) r. 56(2), (3), (4), (5) and (6)
r. 57(1) r. 58
r. 59(1) r. 60(1)
r. 61(1), (2), (3) and (4) r. 62(1), (2), (3) and (4)
r. 63 r. 64
r. 65 r. 66
r. 67 r. 68(1) and (3)
r. 69(1) and (2) r. 70(1), (2) and (3)
r. 71 r. 72(1) and (2)
r. 73(1) r. 74(1)
r. 75 r. 76
r. 77 r. 78(1)
r. 79(1) r. 80(1)
r. 82 r. 83(1) and (2)
r. 84 r. 85(1) and (2)
r. 86(1), (2) and (3) r. 87
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24 December 2020 GOVERNMENT GAZETTE, WA 4827
r. 88(1), (2) and (3) r. 89
r. 90(1) r. 91A(2)
r. 92(1), (2), (3) and (5) r. 93(2)
r. 94(2) r. 95
r. 96(1) r. 97
r. 98(1) and (2) r. 99
r. 100 r. 101(1) and (2)
r. 102(1) and (2) r. 103
r. 104 r. 105
r. 106 r. 107
r. 108(1) and (2) r. 109
r. 110(2) and (3) r. 111(1)
r. 112(1) r. 113(3)
r. 114 r. 115(1) and (2)
r. 116(1) r. 117
r. 118(1) r. 119(1), (2) and (3)
r. 121 r. 122(1), (3) and (4)
r. 123(1), (2A) and (2) r. 124(a) and (b)
r. 125(1) and (2) r. 128
r. 132(1) r. 133
r. 133A(1), (2), (3), (4) and (5) r. 134
r. 135 r. 137(1)
r. 140 r. 141(1)
r. 142 r. 143(1), (2) and (3)
r. 144(2) r. 145(1) and (2)
r. 146(2) r. 147(1)
r. 148(1) r. 149(1)
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4828 GOVERNMENT GAZETTE, WA 24 December 2020
r. 151 r. 152
r. 153(1) and (2) r. 154(1) and (2)
r. 155 r. 156
r. 157 r. 158
r. 159(1) r. 160
r. 161(1) and (2) r. 162(1)
r. 163(1) r. 164(1)
r. 165 r. 166(1) and (2)
r. 167 r. 168(1)
r. 169 r. 170
r. 171(1) r. 173
r. 175(2) r. 176(1), (2), (3), (4), (5), (6),
(7) and (8)
r. 177(2) r. 178(2), (3)(a), (4) and (5)
r. 179(1), (2) and (3) r. 180(1) and (2)
r. 181(1), (2) and (3) r. 182
r. 183(1), (3) and (4) r. 184(1) and (2)
r. 185(1) r. 186(1)
r. 187(1) r. 188(1)
r. 189 r. 190
r. 191(2) and (3) r. 194
r. 195 r. 196(1)
r. 197(2), (3) and (4) r. 198(2), (3) and (4)
r. 199(1) and (2) r. 200(1) and (2)
r. 201(1) r. 202(1) and (2)
r. 203(1), (2), (3)(a) and (b)
and (4)
r. 204(1) and (3)
r. 205 r. 207(a) and (b)
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24 December 2020 GOVERNMENT GAZETTE, WA 4829
r. 208 r. 209(1) and (2)
r. 209A(2) r. 210(1), (2) and (3)
r. 210A r. 212(1), (2), (3) and (4)
r. 213 r. 215A(1)
r. 215B(1) and (2) r. 215
r. 217 r. 218(1)
r. 219(1) and (2) r. 220(1) and (2)
r. 221 r. 222(2)
r. 223(1) r. 224(1), (2A), (2B), (2C)
and (2)
r. 226(1) and (2) r. 227(1), (2), (3) and (4)
r. 228 r. 229
r. 230C r. 230D
r. 230E r. 230F
r. 230G(1) and (2) r. 230H(1) and (2)
r. 230I r. 230J(1) and (2)
r. 230K(1) and (2) r. 230L(1) and (2)
r. 230M(1), (2) and (3) r. 230N(1)
r. 231(3) r. 242(1) and (2)
r. 243 r. 244(2) and (3)
r. 245(1) r. 246A(2), (3), (4) and (5)
r. 246B(2), (3), (4) and (5) r. 246
r. 247 r. 248
r. 250 r. 252(2) and (3)
r. 253(1) and (4) r. 254(1) and (2)
r. 255 r. 256(1), (2), (3) and (4)
r. 257(1), (2), (3) and (4) r. 259(1), (2) and (3)
r. 260 r. 261
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4830 GOVERNMENT GAZETTE, WA 24 December 2020
r. 263(1) and (3) r. 264A(1)
r. 267(1), (2) and (3) r. 268
r. 269(1), (2) and (3) r. 270
r. 272(1) r. 273(1)(a) and (b), (3) and (4)
r. 275(1) r. 276
r. 277(1) and (3) r. 278(1), (2), (3) and (4)
r. 279(1) r. 290(1), (2), (3) and (4)
r. 292 r. 292A
r. 298(1) and (2)
N. HAGLEY, Clerk of the Executive Council.
———————————
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24 December 2020 GOVERNMENT GAZETTE, WA 4831
— PART 2 —
ENERGY
EN401
ELECTRICITY INDUSTRY ACT 2004
ELECTRICITY INDUSTRY (WHOLESALE ELECTRICITY MARKET) REGULATIONS 2004
WHOLESALE ELECTRICITY MARKET RULES
Market Rules made by the Minister for Energy.
I, Mr Bill Johnston, Minister for Energy for the State of Western Australia hereby give notice of market rules made in accordance with regulation 7(5) of the Electricity Industry (Wholesale Electricity Market) Regulations 2004.
These market rules may be cited as the Wholesale Electricity Market Amendment (Tranches 2 and 3 Amendments) Rules 2020 and are to commence—
1. for the amending rules set out in Schedule A in the Wholesale Electricity Market Amendment (Tranches 2 and 3 Amendments) Rules 2020, at 8:00 AM (WST) on 1 January 2021;
2. for the amending rules set out in Schedule B in the Wholesale Electricity Market Amendment (Tranches 2 and 3 Amendments) Rules 2020, immediately after the commencement of the amending rules in the Wholesale Electricity Market Amendment (Tranche 1 Amendments) Rules 2020, that are to commence at 8:00 AM (WST) on 1 February 2021; and
3. for the amending rules set out in Schedule C in the Wholesale Electricity Market Amendment (Tranches 2 and 3 Amendments) Rules 2020, at a time specified by the Minister in a notice published in the Gazette. Different days may be specified for different provisions
A copy of the Wholesale Electricity Market Amendment (Tranches 2 and 3 Amendments) Rules 2020 is available on the website of the Economic Regulation Authority at https://www.erawa.com.au.
Dated at Perth this 21st day of December, 2020.
Hon. W. JOHNSTON MLA, Minister for Energy.
FIRE AND EMERGENCY SERVICES
FE401
BUSH FIRES ACT 1954
TOTAL FIRE BAN DECLARATION
Correspondence No. 12080
Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a total fire ban for 20 December 2020 for the local government districts of—
Carnarvon, Shark Bay, Greater Geraldton, Chapman Valley, Northampton, Mingenew, Morawa
BRAD DELAVALE, Assistant Commissioner of the Department of Fire and Emergency Services, as a sub-delegate of the Minister under
section 16 of the Fire and Emergency Services Act 1998.
Dated 19 December 2020.
———————————
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4832 GOVERNMENT GAZETTE, WA 24 December 2020
FE402
BUSH FIRES ACT 1954
TOTAL FIRE BAN DECLARATION
Correspondence No. 12080
Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a total fire ban for 22 December 2020 for the local government districts of—
Carnarvon, Shark Bay
PAUL RYAN, Assistant Commissioner of the Department of Fire and Emergency Services, as a sub-delegate of the Minister under
section 16 of the Fire and Emergency Services Act 1998.
Dated 21 December 2020.
HEALTH
HE401
PUBLIC HEALTH ACT 2016
EXTENSION OF DECLARATION (NO. 2) OF PUBLIC HEALTH STATE OF EMERGENCY
Pursuant to section 170 of the Public Health Act 2016 (WA) I, Roger Cook, the Minister for Health, hereby extend the public health state of emergency declaration, which came into effect on 23 March 2020 at 13:30 hours.
The duration of the public health state of emergency declaration is extended for a period of 14 days (the extension).
Time of this extension: 11:30 am.
Date of this extension: 18 December, 2020.
Hon. ROGER COOK, MLA, Minister for Health.
———————————
HE402
HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911
PERINATAL AND INFANT MORTALITY COMMITTEE APPOINTMENT OF CHAIRPERSON AND MEMBERS INSTRUMENT 2020 (NO. 2)
Made by the Minister under sections 340AB(4), 340AB(3)(b), 340AB(3)(c)(ii) and 340AB(3)(g) of the Health (Miscellaneous Provisions) Act 1911.
1. Citation
This instrument may be cited as the Perinatal and Infant Mortality Committee Appointment of Chairperson and Members Instrument 2020 (No. 2).
2. Appointment of Chair
The appointment of Professor John Phillipps Newnham as the Chairperson of the Perinatal and Infant Mortality Committee under section 340AB(4) of the Health (Miscellaneous Provisions) Act 1911 is approved for a term commencing on 1 January 2021 and expiring on 15 October 2022.
3. Appointment of Members
3.1 The appointment of Dr Scott William White as a Member to the Perinatal and Infant Mortality Committee under section 340AB(3)(b) of the Health (Miscellaneous Provisions) Act 1911 is approved for a period of three years commencing on 1 July 2021.
3.2 The appointment of Dr Han-Shin Lee as a Member to the Perinatal and Infant Mortality Committee under section 340AB(3)(c)(ii) of the Health (Miscellaneous Provisions) Act 1911 is approved for a period of three years commencing on 1 January 2021.
3.3 The appointment of Associate Professor Helen Leonard as a Member to the Perinatal and Infant Mortality Committee under section 340AB(3)(g) of the Health (Miscellaneous Provisions) Act 1911 is approved for a period of three years commencing on 1 January 2021.
Hon. ROGER COOK, MLA, Minister for Health.
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24 December 2020 GOVERNMENT GAZETTE, WA 4833
JUSTICE
JU401
PROFESSIONAL STANDARDS ACT 1997
RICS VALUERS LIMITED SCHEME
Pursuant to section 44A(2) of the Professional Standards Act 1997 (WA), I, the Hon John Quigley MLA, Attorney General, hereby extend the period for which the RICS Valuers Limited Scheme is in force in Western Australia to 31 December 2021.
Hon. JOHN QUIGLEY, MLA, Attorney General. Dated: 16 December 2020.
———————————
JU402
PROFESSIONAL STANDARDS ACT 1997
THE INSTITUTE OF PUBLIC ACCOUNTANTS PROFESSIONAL STANDARDS SCHEME
Pursuant to section 44A(2) of the Professional Standards Act 1997 (WA), I, the Hon John Quigley MLA, Attorney General, hereby extend the period for which The Institute of Public Accountants Professional Standards Scheme is in force in Western Australia to 31 December 2021.
Hon. JOHN QUIGLEY, MLA, Attorney General. Dated: 16 December 2020.
MARINE/MARITIME
MA401
PORT AUTHORITIES ACT 1999
PORT AUTHORITIES (VESTING OF PROPERTY AND DESCRIPTION OF PORT OF BALLA BALLA) AMENDMENT ORDER 2020
Made under the Port Authorities Act 1999 section 24(2) by the Governor in Executive Council.
1. Citation
This order is the Port Authorities (Vesting of Property and Description of Port of Balla Balla) Amendment Order 2020.
2. Commencement
This order comes into operation as follows—
(a) clauses 1 and 2—on the day on which this order is published in the Gazette;
(b) the rest of the order—on the day after that day.
3. Clauses replaced
The Port Authorities (Description of Port of Balla Balla) Order 2017 is amended by deleting clauses 2 and 3 and inserting—
2. Commencement
This order comes into operation as follows—
(a) clause 1—on 3 October 2017;
(b) the rest of the order—on the day after the date of publication of the Port Authorities (Vesting of Property and Description of Port of Balla Balla) Amendment Order 2020 in the Gazette.
3. Port of Balla Balla described
The Port of Balla Balla consists of the areas described in the Schedule.
Schedule—Port of Balla Balla areas
1. Term used: Deposited Plan
In this Schedule—
Deposited Plan 409770 means version 3 of the deposited plan of that number held by the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5.
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4834 GOVERNMENT GAZETTE, WA 24 December 2020
2. Land areas
The area of land depicted as the Land Area on Deposited Plan 409770.
3. Water areas
The area of water depicted as the Water Area on Deposited Plan 409770.
4. Seabed areas
The area of seabed depicted as the Seabed Area on Deposited Plan 409770.
N. HAGLEY, Clerk of the Executive Council.
MINERALS AND PETROLEUM
MP401
MINING ACT 1978
INSTRUMENT OF EXTENSION OF TERM OF EXEMPTION OF LAND
I, Anthony Thomas Bullen, Acting Executive Director, Resource Tenure, pursuant to section 19 of the Mining Act 1978, hereby extend the exemption originally declared on 12 December 2008 and published in the Government Gazette dated 30 December 2008 for that area described hereunder (not being private land or land that is the subject of a mining tenement or an application for a mining tenement) from Divisions 1 to 5 of Part IV of the Mining Act 1978, for a period of two years expiring on 11 December 2022.
Locality
Cape Preston
Description of Land
Land designated S19/315 in the Tengraph electronic plan of the Department of Mines, Industry Regulation and Safety. A geospatial description is filed in the Department of Mines, Industry Regulation and Safety electronic file number G08/0074, document ID 6099336.
Area of Land
5561.0162 hectares
Dated at Perth this tenth day of December, 2020.
ANTHONY THOMAS BULLEN, Acting Executive Director, Resource Tenure.
———————————
MP402
MINING ACT 1978
INTENTION TO FORFEIT
Department of Mines, Industry Regulation and Safety Perth WA 6000.
In accordance with Regulation 50(b) of the Mining Regulations 1981, notice is hereby given that unless the rent due on the under mentioned mining tenements are paid on or before 18 January 2021 it is the intention of the Minister for Mines and Petroleum under the provisions of sections 96A(1) and 97(1) of the Mining Act 1978 to forfeit such for breach of covenant, being non-payment of rent.
DIRECTOR GENERAL.
————
Number Holder Mineral Field
Exploration Licence
E 26/204 Lu, Haozhe East Coolgardie
E 45/4787 Great Sandy Pty Ltd Pilbara
E 63/1888 Synergy Prospecting Pty Ltd Dundas
E 80/5034 Northgate Resources Pty Ltd Kimberley
E 80/5264 Acuity Resources Pty Ltd Kimberley
Mining Lease
M 63/154 Sime, Antonia Kathleen
Sime, Kenneth Andrew
Wandel, Neil Jeffrey
DUNDAS
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24 December 2020 GOVERNMENT GAZETTE, WA 4835
MP403
MINING ACT 1978
ORDER FOR FORFEITURE
Department of Mines, Industry Regulation and Safety Meekatharra WA 6642.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for non payment of rent.
HUSTON, Warden.
———— To be heard by the Warden at Meekatharra on 24 February 2021.
MURCHISON MINERAL FIELD
Prospecting Licences
P 51/2831 Thorns, Raymond Arthur
———————————
MP404
MINING ACT 1978
ORDER FOR FORFEITURE
Department of Mines, Industry Regulation and Safety Meekatharra WA 6642.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-compliance with the reporting provisions.
HUSTON, Warden.
———— To be heard by the Warden at Meekatharra on 24 February 2021.
MURCHISON MINERAL FIELD
Prospecting Licences
P 51/2551 Caldwell, Luke Mcquarie
———————————
MP405
MINING ACT 1978
ORDER FOR FORFEITURE
Department of Mines, Industry Regulation and Safety Leonora WA 6438.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-compliance with the reporting provisions.
B. AYLING, Warden.
———— To be heard by the Warden at Leonora on 9 February 2021.
MT MARGARET MINERAL FIELD
Prospecting Licences
P 37/9204 Magnetic Resources NL
P 37/9205 Magnetic Resources NL
P 37/9206 Magnetic Resources NL
P 39/5853 Narnoo Mining Pty Ltd
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4836 GOVERNMENT GAZETTE, WA 24 December 2020
MP406
MINING ACT 1978
ORDER FOR FORFEITURE
Department of Mines, Industry Regulation and Safety Leonora WA 6438.
In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-compliance with the reporting provisions.
B. AYLING, Warden.
———— To be heard by the Warden at Leonora on 9 February 2021.
EAST MURCHISON MINERAL FIELD
Prospecting Licences
P 36/1863 Hobbs, Frederick Donald
MT MARGARET MINERAL FIELD
Prospecting Licences
P 38/4430 Thomas, Vanessa Erica
P 39/5549 Jaensch, Philip Alan
———————————
MP407
MINING ACT 1904
Department of Mines, Industry Regulation and Safety Perth, 22 December 2020.
In accordance with the provisions of the Mining Act 1904 the Governor has been pleased to deal with the following Temporary Reserves.
DAVID SMITH, Director General.
———— The rights of occupancy on the undermentioned Temporary Reserves have been renewed.
Number Occupant For Further Period
Expiring On Locality Mineral Field
4192H, 4193H, 4266H, 4267H, 4737H and 4881H to 4884H
Hamersley Resources Ltd
Wright Prospecting Pty Ltd
31 December 2021 Rhodes Ridge West Pilbara and Peak Hill
———————————
MP408
MINING ACT 1904
Department of Mines, Industry Regulation and Safety Perth, 22 December 2020.
In accordance with the provisions of the Mining Act 1904 the Governor has been pleased to deal with the following Temporary Reserves.
DAVID SMITH, Director General.
———— The rights of occupancy on the undermentioned Temporary Reserves have been renewed.
Number Occupant For Further Period
Expiring On Locality Mineral Field
5615H, 5616H, 5621H and 5622H
Central Pilbara North Iron Ore Pty Ltd
31 December 2021 West Pilbara Goldfield
West Pilbara
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24 December 2020 GOVERNMENT GAZETTE, WA 4837
PLANNING
PL101 CORRECTION
PLANNING AND DEVELOPMENT ACT 2005
DECLARATION OF PLANNING CONTROL AREA 134
City of Canning
Thornlie-Cockburn Link (METRONET)—Ranford Road
It is hereby notified for public information that the notice under the above Planning Control Area 134 published at page 4599 of the Government Gazette No. 209 dated 18 December 2020, contained errors which is now corrected and replaced with the following text—
PLANNING AND DEVELOPMENT ACT 2005
AMENDMENT TO THE DECLARATION OF PLANNING CONTROL AREA 134
City of Canning
Thornlie-Cockburn Link (METRONET)—Ranford Road File No. 835-2-1-20
General description
The Minister for Planning as granted approval to amend Planning Control Area 134. The planning control area has previously been declared to protect land required for the Thornlie-Cockburn Link at Ranford Road, Canning Vale. The planning control area is now amended to allow for the inclusion of the Ranford Road Station Rail Corridor Widening as shown on the Western Australian Planning Commission (WAPC) plan numbered 3.2733/1.
Purpose of the Planning Control Area
The purpose of this amended planning control area is to facilitate development of the land for railways purposes. The WAPC considers that the amended planning control area is required to ensure that no development occurs on this land which might prejudice this purpose.
Duration and effects
The amended Planning Control Area has effect from the date of publication of this notice in the Government Gazette to 7 May 2024, or until revoked by the WAPC with the approval of the Minister.
A person shall not commence and carry out development in a planning control area without the prior approval of the WAPC. The penalty for failure to comply with this requirement is $200,000 and, in the case of a continuing offence, a further fine of $25,000 for each day during which the offence continues.
Compensation is payable in respect of land injuriously affected by this declaration, and land so affected may be acquired by the WAPC in the same circumstances and in the same manner as if the land had been reserved in the Metropolitan Region Scheme for a public purpose.
Where the Amended Planning Control Area is available for public inspection—
• Western Australian Planning Commission, 140 William Street, Perth
• J S Battye Library, Level 3 Alexander Library Building, Perth Cultural Centre
• City of Canning, 1317 Albany Highway, Cannington.
Documents can also be viewed online at the Department of Planning, Lands and Heritage website https://www.dplh. wa.gov.au/planning-control-areas.
Ms SAM FAGAN, Secretary, Western Australian Planning Commission.
———————————
PL402 PLANNING AND DEVELOPMENT ACT 2005
APPROVED LOCAL PLANNING SCHEME AMENDMENT
Shire of Merredin
Local Planning Scheme No. 6—Amendment No. 7 Ref: TPS/2598
It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Plannin
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