HEALTH PRACTITIONER REGULATION NATIONAL LAW (WESTERN AUSTRALIA) ACT 2010
HEALTH PRACTITIONER REGULATION NATIONAL LAW (WESTERN AUSTRALIA)
Government Gazette of Western Australia
PERTH, FRIDAY, 13 NOVEMBER 2015
No. 171 of 2015
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.00 NOON
—————————————————
PART 1
Proclamations
AA101*
Courts and Tribunals (Electronic Processes Facilitation) Act 2013
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Commencement Proclamation 2015
Made under the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 2(b) by the Governor in Executive Council.
This proclamation is the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Commencement Proclamation 2015.
The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 75 comes into operation on the day after the day on which this proclamation is published in the Gazette.
K. SANDERSON, Governor. L.S.
M. MISCHIN, Attorney General.
Note: Under the Fines, Penalties and Infringement Notices Enforcement Amendment Regulations (No. 5) 2015 regulation 2, the provisions of those regulations come into operation on the day on which the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 75 comes into operation.
———————————
AA102*
Mental Health Act 2014
Mental Health Act 2014 Commencement Proclamation 2015
Made under the Mental Health Act 2014 section 2(b) by the Governor in Executive Council.
This proclamation is the Mental Health Act 2014 Commencement Proclamation 2015.
The Mental Health Act 2014, other than sections 1 and 2, comes into operation on 30 November 2015.
K. SANDERSON, Governor. L.S.
H. MORTON, Minister for Mental Health.
Note: The Mental Health Regulations 2015 come into operation on the day on which the Mental Health Act 2014 section 586 comes into operation.
———————————
AA103*
Mental Health Legislation Amendment Act 2014
Mental Health Legislation Amendment Act 2014 Commencement Proclamation 2015
Made under the Mental Health Legislation Amendment Act 2014 section 2(b) by the Governor in Executive Council.
This proclamation is the Mental Health Legislation Amendment Act 2014 Commencement Proclamation 2015.
The Mental Health Legislation Amendment Act 2014, other than Parts 1 and 2 and section 52(1), comes into operation on 30 November 2015.
K. SANDERSON, Governor. L.S.
H. MORTON, Minister for Mental Health.
Energy
EN301*
Electricity Industry Act 2004
Electricity Industry (Wholesale Electricity Market) Amendment Regulations (No. 3) 2015
Made by the Governor in Executive Council.
These regulations are the Electricity Industry (Wholesale Electricity Market) Amendment Regulations (No. 3) 2015.
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) regulation 5 — on the day after gazettal day;
(c) regulations 7, 17(2) and 18 — at 8.00 am on the day fixed by the Minister by order published in the Gazette;
(d) the rest of the regulations — at 8.00 am on 30 November 2015.
These regulations amend the Electricity Industry (Wholesale Electricity Market) Regulations 2004.
(1) In regulation 3 insert in alphabetical order:
operator means the AEMO;
(2) In regulation 3 in the definition of AEMO after “Operator” insert:
Limited
After regulation 7(3) insert:
(4) Despite anything in this regulation or the market rules, the Minister may make amending rules during the period beginning on the day on which the Electricity Industry (Wholesale Electricity Market) Amendment Regulations (No. 3) 2015 regulation 5 comes into operation and ending on 1 July 2017.
(1) In regulation 12(1) delete “IMO.” and insert:
operator and on the IMO.
(2) Delete regulation 12(2) and insert:
(2A) The operator is responsible for the development, in accordance with the market rules, of amendments of and replacements for the market procedures, to the extent to which the procedures relate to its functions.
(2) The IMO is responsible for the development, in accordance with the market rules, of amendments of and replacements for the market procedures, to the extent to which the procedures relate to its functions, and the market rules.
(3) In regulation 12(4) delete “IMO of its” and insert:
operator and the IMO of
(4) Delete regulation 12(5).
Note: The heading to amended regulation 12 is to read:
Functions of operator and IMO
(1) In regulation 13(1) delete “operating the SWIS” and insert:
ensuring that the SWIS is operated
(2) In regulation 13(6) delete “the operator and”.
In regulation 15(2) after “authorise the” insert:
operator, the
After regulation 16(2) insert:
(3) A certificate under subregulation (1) or (2), that was signed before the time at which the Electricity Industry (Wholesale Electricity Market) Amendment Regulations (No. 3) 2015 regulation 9 comes into operation and that has effect immediately before that time, has effect after that time, according to its terms, as if signed by the chief executive officer of the operator.
In regulation 19(2) before “IMO” (1st occurrence) insert:
operator, the
Note: The heading to amended regulation 19 is to read:
Registration required for certain activities
In regulation 21(1)(a) after “under” insert:
these regulations,
In regulation 32(3) and (4) before “IMO” insert:
operator or the
In regulation 33(5) before “IMO” insert:
operator or the
In regulation 39(2) before “IMO” insert:
operator or the
In regulation 40(1)(a), (2)(a) and (3) delete “participant” (each occurrence) and insert:
participant, the operator
In regulation 42(2)(b) delete “IMO;” and insert:
operator or the IMO (whichever is relevant);
(1) After regulation 51(a) insert:
(ba) the operator;
(2) Delete regulation 51(ba).
After regulation 52(2) insert:
(3A) For the period of 12 months commencing at the time at which the Electricity Industry (Wholesale Electricity Market) Amendment Regulations (No. 3) 2015 regulation 18 comes into operation, subregulation (2) has effect in relation to the operator (including in relation to its system management function) as if —
(a) in paragraph (a), $10 000 were substituted for $100 000; and
(b) in paragraph (b), $100 000 were substituted for $10 000 000.
After regulation 53 insert:
Part 9 — Provision of information and advice to Minister
54. Provision of information and advice to Minister: operator’s functions
(1) In this regulation —
protected information means information —
(a) given to the operator in confidence; or
(b) given to the operator, in connection with the performance of its functions that, in the opinion of the operator, would adversely affect the commercial interest of the person who gave the information if it were publicly disclosed.(2) The Minister may request the operator to —
(a) provide information about the performance of its functions under these regulations or the market rules; or
(b) provide advice, including advice in the nature of feasibility studies and consultancy services.(3) The operator must comply with a request.
(4) Protected information provided in response to a request under subregulation (2) must be identified as such by the operator at the time of providing the information.
(5) The costs of the operator in complying with a request under subregulation (2)(a) are not recoverable by way of fees to be paid by registered participants under the market rules.
In the provisions listed in the Table delete “IMO” (each occurrence) and insert:
operator
Table
r. 12(3) |
r. 13(6) |
r. 14 |
r. 16(1) and (2) |
r. 18A(1) |
r. 21(2) |
N. HAGLEY, Clerk of the Executive Council.
———————————
———————————
EN302*
Gas Services Information Act 2012
Gas Services Information Amendment Regulations (No. 3) 2015
Made by the Governor in Executive Council.
These regulations are the Gas Services Information Amendment Regulations (No. 3) 2015.
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) regulations 4 and 6 — on the day after gazettal day;
(c) the rest of the regulations — at 8.00 am on 30 November 2015.
These regulations amend the Gas Services Information Regulations 2012.
(1) In regulation 3(1) insert in alphabetical order:
amend means replace, in whole or in part, add to or vary, and the doing of any 2 or more of such things simultaneously or by the same instrument;
(2) In regulation 3(1) in the definition of AEMO after “Operator” insert:
Limited
(1) In regulation 4(1) delete “IMO — ” and insert:
AEMO —
(2) In regulation 4(2) delete “IMO” and insert:
AEMO
Note: The heading to amended regulation 4 is to read:
Functions of operator — AEMO
After regulation 7(4) insert:
(5) Despite anything in this regulation or the GSI rules, the Minister may make amending rules during the period beginning on the day on which the Gas Services Information Amendment Regulations (No. 3) 2015 regulation 6 comes into operation and ending on 1 July 2017.
In regulation 8(1) after “operator,” insert:
the IMO,
(1) Delete regulation 11(1) and insert:
(1) The operator is responsible for the development, in accordance with the GSI rules, of amendments of and replacements for the GSI procedures, to the extent to which the procedures relate to its functions.
(2) After regulation 11(2) insert:
(3) The IMO is responsible for the development, in accordance with the GSI rules, of amendments of and replacements for the GSI procedures, to the extent to which the procedures relate to its functions, and the GSI rules.
(1) After regulation 13(1) insert:
(2A) The IMO may, for the purposes of the performance of its function, request a gas market participant to give specified information to the IMO.
(2) After regulation 13(3) insert:
(4) Subregulation (5) has effect in relation to a request, in effect immediately before the time at which the Gas Services Information Amendment Regulations (No. 3) 2015 regulation 9(2) comes into operation (commencement time), that was made by the IMO for the purposes of the performance of a function under these regulations or the GSI rules that, at commencement time, becomes a function of the AEMO.
(5) The request becomes, at commencement time, a request made by the AEMO (as the operator) and has effect after commencement time according to its terms.
Note: The heading to amended regulation 13 is to read:
Operator and IMO may request information
At the beginning of Part 7 insert:
38A. References to operator to include IMO
In this Part, a reference to the operator includes a reference to the IMO.
In regulation 46(6):
(a) delete “operator” (1st occurrence) and insert:
IMO
(b) delete “operator,” and insert:
IMO,
(c) after “operator” (3rd occurrence) insert:
or the IMO
After regulation 47 insert:
48A. Provision of information and advice to Minister: operator’s functions
(1) The Minister may request the operator to —
(a) provide information about the performance of its functions; or
(b) provide advice, including advice in the nature of feasibility studies and consultancy services.(2) The operator must comply with a request.
(3) Protected information provided in response to a request under subregulation (1) must be identified as such by the operator at the time of providing the information.
(4) The costs of the operator in complying with a request under subregulation (1)(a) are not recoverable by way of fees and charges to be paid by registered gas market participants under the GSI rules.
In the provisions listed in the Table after “operator” (each occurrence) insert:
or the IMO
Table
r. 3(2) |
r. 8(2)(c), (d)(i), (e) and (l) |
r. 12(1) and (2) |
r. 30(5) |
r. 49(1)(b) |
In the provisions listed in the Table:
(a) delete “operator” (each occurrence) and insert:
IMO
(b) delete “operator’s” (each occurrence) and insert:
IMO’s
Table
r. 3(1) def. of warning notice |
r. 8(2)(j) |
r. 9(1) and (2) |
r. 14 def. of civil penalty |
r. 16(1) to (8) |
r. 17(1), (2) and (4) |
r. 18(1) and (3) |
r. 19(1) |
r. 22 |
r. 23(1) |
r. 24 |
r. 43(1) |
r. 44(1) and (2) |
r. 45 |
r. 46(1) def. of information, (2), (3) and (5) |
r. 47(1), (2), (4) and (5) |
Note: The heading to amended regulation 16 is to read:
Contravention of category A civil penalty provision: IMO may demand civil penalty
Note: The heading to amended regulation 22 is to read:
Application of civil penalties received by IMO
Note: The heading to amended regulation 23 is to read:
IMO to inform certain persons of decisions not to take action
N. HAGLEY, Clerk of the Executive Council.
Health
HE301*
Mental Health Act 1996
Mental Health (Authorisation of Public Hospitals) Amendment Order (No. 2) 2015
Made by the Governor in Executive Council.
This order is the Mental Health (Authorisation of Public Hospitals) Amendment Order (No. 2) 2015.
This order comes into operation as follows —
(a) clauses 1 and 2 — on the day on which this order is published in the Gazette (gazettal day);
(b) clauses 3 and 4(1) — on the day after gazettal day;
(c) clause 4(2) — on 25 November 2015.
This order amends the Mental Health (Authorisation of Public Hospitals) Order 2002.
(1) In Schedule 1 before item 8 insert:
8D |
St John of God Midland Public Hospital |
Areas bordered red on Plan No. A_01_4001 R5 entitled “Mental Health Unit, 4th Floor, St John of God Midland Public Hospital, Lot 515 Clayton Street, Midland, WA” of 17 September 2015 |
(2) Delete Schedule 1 item 8.
N. HAGLEY, Clerk of the Executive Council.
Industrial Relations
IR301*
Industrial Relations Act 1979
Industrial Relations Commission (Government School Teachers Tribunal [Elections]) Repeal Regulations 2015
Made by the Chief Commissioner of The Western Australian Industrial Relations Commission after consulting the members of the Commission.
These regulations are the Industrial Relations Commission (Government School Teachers Tribunal [Elections]) Repeal Regulations 2015.
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.
The Industrial Relations Commission (Government School Teachers Tribunal [Elections]) Regulations 1985 are repealed.
A. R. BEECH, Chief Commissioner, The Western Australian Industrial Relations Commission.
Justice
JU301*
Supreme Court Act 1935
Supreme Court Amendment Rules (No. 3) 2015
Made by the Judges of the Supreme Court.
These rules are the Supreme Court Amendment Rules (No. 3) 2015.
These rules come into operation as follows —
(a) rules 1 and 2 — on the day on which these rules are published in the Gazette;
(b) the rest of the rules — on the 14th day after that day.
These rules amend the Rules of the Supreme Court 1971.
(1) Delete Order 4A rule 2(4).
(2) After Order 4A rule 5(2) insert:
(3) In the case of a master, subrule (1) is subject to Order 60 rule 1(3) and (4).
(4) In the case of a registrar, subrule (1) is subject to Order 60A rule 2(2), (3) and (4).
(3) After Order 4A rule 5 insert:
6A. Represented parties excused from interlocutory hearings
A party who is represented by a practitioner need not attend an interlocutory hearing in the case unless subpoenaed or ordered to do so by the case manager.
(4) Delete Order 4A rule 15(2).
Delete Order 8 rule 5A and insert:
5A. Form and content of notices
A notice filed under rule 2, 3, 4 or 5 —
(a) must be in Form 5AA; and
(b) must state, in accordance with Order 71A —
(i) the party’s geographical address; and
(ii) the party’s service details.
(1) In Order 56 rule 2(2)(c) delete “a remedy having” and insert:
an order having
(2) After Order 56 rule 2(2) insert:
(3A) An application must, in accordance with Order 71A, state —
(a) the applicant’s geographical address; and
(b) the applicant’s service details.
(1) Delete Order 58 rule 18(b).
(2) Delete Order 58 rule 30(3).
(1) In Order 60 rule 1(2) delete “or the judge in charge of the civil list”.
(2) In Order 60 rule 1(3):
(a) in paragraph (a) delete “person;” and insert:
person including seeking a writ of habeas corpus ad subjiciendum under Order 57;
(b) delete paragraph (c) and insert:
(c) proceedings seeking judicial review under Order 56, other than proceedings relating to the adjudication or purported adjudication of a payment dispute under the Construction Contracts Act 2004 Part 3;
(3) Delete Order 60 rule 1(5) and insert:
(5) For the purposes of any proceedings before him or her, a master may exercise the powers of the Court under the Evidence Act 1906 section 16(1)(b), 51 or 52.
(1) In Order 60A rule 1:
(a) delete “A registrar” and insert:
(1) A registrar
(b) delete paragraphs (b) and (d).
(2) At the end of Order 60A rule 1 insert:
(2) An application in relation to a power of the Court that is exercisable by a registrar under this rule must be made to a registrar, unless —
(a) the application or matter has been referred under rule 3 to a judge or master; or
(b) a judge, master or registrar has granted leave for the application to be made to a master or to a judge.
Note: The heading to amended Order 60A rule 1 is to read:
Registrars’ general jurisdiction
(3) Delete Order 60A rules 2 to 6 and insert:
2. Registrars’ jurisdiction with respect to case management
(1) For the purposes of Order 4A, a case management registrar has, in relation to a case for which the registrar is the case manager, the same jurisdiction that a judge sitting in chambers would have under the Supreme Court Act 1935 or these rules if a judge were the case manager.
(2) However, a case management registrar does not have jurisdiction under subrule (1) in respect of any of the following —
(a) proceedings to which any of the following applies —
(i) Order 51 (Receivers);
(ii) Order 52 (Interlocutory injunctions, interim preservation of property);
(iii) Order 52A (Freezing orders);
(iv) Order 52B (Search orders);
(v) Order 61 (Proceedings under judgments and orders);
(vi) Order 70 rule 7 (removal of next friend or guardian ad litem);
(vii) Order 70 rule 10 (approval of settlement, compromise or acceptance of money paid into court);
(viii) Order 70 rule 11 (approval of agreement for settlement or compromise);
(ix) Order 70 rule 12 (control of money recovered for person under disability);
(x) Order 81D (Arbitration law rules);(b) proceedings referred to in Order 60 rule 1(3);
(c) a review of the taxation of costs under Order 66 rule 55;
(d) proceedings under any of the following —
(i) the Transfer of Land Act 1893;
(ii) the Trustees Act 1962;
(iii) the Australian Securities and Investments Commission Act 2001 (Commonwealth);
(iv) the Corporations Act 2001 (Commonwealth);
(v) the Cross-Border Insolvency Act 2008 (Commonwealth).(3) Subrule (2) does not apply to or in relation to a matter that is referred to a case management registrar by a judge or master.
(4) A case management registrar cannot order the attachment or committal of any person.
(5) An interlocutory order made by a case management registrar is not enforceable by a writ of attachment or order of committal.
3. Registrar may refer proceedings to judge or master
(1) A registrar may refer any proceedings before him or her to a judge or master.
(2) The judge or master may deal with the proceedings or refer them back to the registrar with or without directions.
(3) Pending the determination of the proceedings by the judge or master, the registrar may make an interim order.
4. Appeals from decisions of registrars
(1) A party who is dissatisfied with an order or decision of a registrar may appeal from it.
(2) The appeal must be made to a judge, but a judge may order that it be heard by a master.
(3) This rule does not apply to an order or decision of a registrar —
(a) made or given in relation to a cause, matter, question or issue referred to or tried by the registrar under section 50 or 51 of the Act; or
(b) made or given in proceedings to which Order 61 applies; or
(c) when acting as a taxing officer.5. Appeal procedure
(1) An appeal from the decision of a registrar must be commenced within 10 days after the date of the order or decision appealed against or any longer period allowed by a judge or master.
(2) The appeal must be commenced and proceed on the file in which the action was commenced.
(3) The appeal must be commenced by filing an appeal notice in Form 80A, stating the following —
(a) the order or direction appealed against;
(b) briefly, but specifically, the grounds of the appeal;
(c) the order or directions sought at the appeal;
(d) any directions considered necessary to facilitate the hearing of the appeal;
(e) for the period of 32 days beginning on the 14th day after the date of the filing of the appeal notice, any days within that period on which the appellant will be unavailable to attend the hearing of the appeal.(4) No appeal books are required for the appeal.
(5) Within one day after filing an appeal notice under this rule a copy of it must be served on the other parties.
6A. Other parties to appeal to advise certain matters
Each party on whom an appeal notice is served under rule 5(5) must, within 3 days after the date of service on them, advise the party who filed the appeal notice and the Court, in writing, of —
(a) any directions that the party considers necessary to facilitate the appeal; and
(b) for the period of 32 days beginning on the 14th day after the date of service of the appeal notice, any days within that period on which the party will be unavailable to attend the hearing of the appeal.6. Appeal is by way of new hearing
An appeal from a registrar is to be by way of a new hearing of the matter that was before the registrar.
(1) After Order 71A rule 2 insert:
3A. Court may dispense with requirement to state geographical address
(1) The Court may, on the application of a person or on its own initiative, order that the person’s geographical address does not have to be stated in a document that is otherwise required under these rules to state the person’s geographical address.
(2) Subject to subrule (3), the Court must not make an order under subrule (1) in relation to a person unless the person —
(a) is an individual; and
(b) has provided an address for service; and
(c) has provided his or her geographical address to the Court on a confidential basis.(3) In exceptional circumstances, the Court may make an order under subrule (1) even though the person has not provided his or her geographical address to the Court.
(4) The Court may, on the application of any person or on its own initiative, do one or more of the following —
(a) amend or cancel an order made under subrule (1);
(b) order that the person’s geographical address be given to another person.
(2) In Order 71A rule 4 delete “The” and insert:
(1) The
(3) At the end of Order 71A rule 4 insert:
(2) A document is not to be rejected on the basis that it does not state a person’s geographical address if the Court has ordered, under rule 3A, that it is not required to be stated.
(4) Before Order 71A rule 5(2)(a) insert:
(aa) must be in Form 5AA; and
(1) In Schedule 2 Form 1:
(a) delete “geographical address” and insert:
geographical address1
(b) delete “service details” and insert:
service details2
(2) At the end of Schedule 2 Form 1 insert:
Notes to Form No. 1 —
1. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
2. Must be in accordance with Order 71A.
After Schedule 2 Form 5 insert:
5AA. Notice of change of representation, service details or address (O. 8 r. 5A; O. 71A r. 5(2)(aa))
Supreme Court of Western Australia |
No: | |||
Notice of change of representation, service details or address | ||||
Parties |
Plaintiff/Applicant/Appellant1
| |||
Party filing notice |
Plaintiff/Applicant/Appellant2
| |||
Date of filing |
||||
CURRENT ADDRESS AND SERVICE DETAILS | ||||
Geographical address of party3 |
||||
Postal address for service of documents4 |
||||
Telephone number5 |
Fax number6 |
|||
Email address6 |
||||
Reference7 |
||||
CHANGE OF REPRESENTATION - IF APPLICABLE | ||||
Change in representation8 |
π I intend to act in person
| |||
Name of new lawyer9 |
||||
Address where new lawyer conducts business10 |
||||
New lawyer’s postal address10 |
||||
Signature of party or lawyer |
Party/Party’s Lawyer |
Date: | ||
Notes to Form No. 5AA —
1. Add full party details.
2. Delete inapplicable. Add other party designation if required.
3. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
4. Must be provided - to be lawyer’s postal address if party is legally represented.
5. Must be provided - to be lawyer’s telephone number if party is legally represented.
6. Optional - if provided, may be used for service of documents.
7. Optional.
8. Tick relevant box. If changing lawyers complete new lawyer’s contact details below.
9. Must be provided if a new lawyer has been appointed.
10. Must be provided if a new lawyer has been appointed. Write “as above” if the same as the party’s postal address for service of documents.
Delete Schedule 2 Form 6 and insert:
6. Memorandum of appearance (O. 12 r. 2(2))
Supreme Court of Western Australia |
No: | ||||
Memorandum of appearance | |||||
Parties |
Plaintiff/Applicant1
| ||||
Enter an appearance for the Defendant/Respondent/Third Party2: | |||||
Date of filing |
|||||
ADDRESS AND SERVICE DETAILS | |||||
Geographical address of party3 |
|||||
Name of lawyer4 |
|||||
Address where lawyer conducts business4 |
|||||
Postal address for service of documents5 |
|||||
Email address6 |
|||||
Telephone number7 |
Fax number6 |
||||
Reference8 |
|||||
Signature of party or lawyer |
Party/Party’s Lawyer |
Date: | |||
Notes to Form No. 6 —
1. Add full party details.
2. Delete inapplicable. Add other party designation if required.
3. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
4. Must be provided if a lawyer has been appointed.
5. Must be provided - to be lawyer’s postal address if party is legally represented.
6. Optional - if provided, may be used for service of documents.
7. Must be provided - to be lawyer’s telephone number if party is legally represented.
8. Optional.
Delete Schedule 2 Form 67A and insert:
67A. Application for judicial review (O. 56 r. 2)
Supreme Court of Western Australia |
No: | |||
Application for judicial review | ||||
Applicant |
||||
Respondent1 |
Name:
| |||
Other parties |
||||
Decision or conduct to be reviewed |
Date:
| |||
Application2 |
The applicant applies for judicial review of the above decision or conduct and —
| |||
Grounds of application |
The grounds for the above application are these —
| |||
Late application3 |
π The applicant also applies for leave to proceed with this application which is made outside the limitation period. | |||
Applicant’s geographical address4 |
||||
Applicant’s lawyer5 |
||||
Address where lawyer conducts business5 |
||||
Intention to act in person3 |
π I intend to act in person in this application. | |||
Postal address for service of documents6 |
||||
Email address7 |
||||
Telephone number8 |
Fax number7 | |||
Signature of applicant or lawyer |
Applicant/Applicant’s lawyer |
Date: | ||
Notes to Form No. 67A —
1. The respondent is the person whose decision or conduct is to be reviewed.
2. Tick one or more.
3. Tick only if necessary.
4. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
5. Must be provided if a lawyer has been appointed.
6. Must be provided - to be lawyer’s postal address if applicant is legally represented.
7. Optional - if provided, may be used for service of documents.
8. Must be provided - to be lawyer’s telephone number if applicant is legally represented.
After Schedule 2 Form 78 insert:
80A. Appeal notice (Registrar’s decision) (O. 60A r. 5(3))
Supreme Court of Western Australia |
No: | |||||||
Notice of appeal from decision of Registrar | ||||||||
Parties |
Plaintiff
| |||||||
Name of party appealing |
||||||||
Name of Registrar |
||||||||
Date of decision |
||||||||
Last date for appealing1 |
Last date:
| |||||||
Orders or directions appealed against |
1.
| |||||||
Grounds of appeal |
||||||||
Orders sought on appeal |
1.
| |||||||
Directions sought to facilitate appeal2 |
1.
| |||||||
Dates when unavailable for hearing of appeal3 |
||||||||
Date of notice |
Date of filing |
|||||||
Signature of party appealing or lawyer |
Party appealing/Lawyer |
Date: | ||||||
Contact details of party appealing or lawyer |
Name |
|||||||
Firm |
||||||||
Address |
||||||||
Phone |
Fax |
|||||||
Reference |
||||||||
Notes to Form No. 80A —
1. The date being 10 days after the date of the order or decision appealed against. See Order 60A r. 5(1).
2. For example, filing of further affidavits or submission.
3. For the period of 32 days beginning on the 14th day after the date of the filing of the appeal notice. See Order 60A r. 5(3)(e).
(1) In Schedule 2 Form 83:
(a) delete “service details3” and insert:
service details4
(b) in the notes delete note 3 and insert:
3. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
4. Must be in accordance with Order 71A.
(2) In Schedule 2 Form 85:
(a) delete “service details2” and insert:
service details3
(b) in the notes delete note 2 and insert:
2. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
3. Must be in accordance with Order 71A.
(3) In Schedule 2 Form 108:
(a) delete “service details4” and insert:
service details5
(b) in the notes delete note 4 and insert:
4. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
5. Must be in accordance with Order 71A.
THE HON. WAYNE MARTIN AC, Chief Justice of Western Australia.
Dated 9 November 2015.
———————————
JU302*
Fines, Penalties and Infringement Notices Enforcement Act 1994
Fines, Penalties and Infringement Notices Enforcement Amendment Regulations (No. 5) 2015
Made by the Governor in Executive Council.
These regulations are the Fines, Penalties and Infringement Notices Enforcement Amendment Regulations (No. 5) 2015.
These regulations come into operation on the day on which the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 75 comes into operation.
These regulations amend the Fines, Penalties and Infringement Notices Enforcement Regulations 1994.
After regulation 2 insert:
2A. Terms used
In these regulations —
approved user, of the courts electronic system, has the meaning given in the Magistrates Court (General) Rules 2005 rule 3;
courts electronic system has the meaning given in the Magistrates Court (General) Rules 2005 rule 3.
After regulation 3 insert:
3AAA. Enforcement certificates and information under Act s. 16(1)
Under section 16(1) a prosecuting authority may, with the consent of the Registrar, give the Registry —
(a) an enforcement certificate; and
(b) a document setting out information required under section 16(1)(b),by electronic means in accordance with regulation 11A.
3AAB. Notice of withdrawal under Act s. 22(2)
Under section 22(2)(b) a prosecuting authority may, with the consent of the Registrar, give the Registrar a copy of a notice of withdrawal by electronic means in accordance with regulation 11A.
After regulation 10 insert:
11A. Giving documents to Registry by means of courts electronic system
(1) Subject to and in accordance with regulations 3AAA and 3AAB, a prosecuting authority may give a document to the Registry or the Registrar by providing, through an officer of the authority who is an approved user, the information required for the completion of the document by means of the courts electronic system.
(2) A document given electronically under this regulation that is required to be signed by an officer of the authority giving it is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —
(a) the courts electronic system records the identity of the person giving the document; and
(b) the name of the person giving the document is stated in the electronic version of the document at any place where the person’s signature is required.(3) A document given under this regulation is to be taken to have been given at the time and on the day the document is received, regardless of whether the Registry is open for business at that time or on that day.
(4) If a document sent electronically to the Registry by means of the courts electronic system is not sent in accordance with the requirements of the courts electronic system and this regulation the document is to be taken not to have been given.
11B. Issuing warrants
(1) In this regulation —
warrant means —
(a) an enforcement warrant issued under Part 3, 4 or 6 of the Act; or
(b) a warrant of commitment issued under Part 4 of the Act.(2) The Registrar may issue an enforcement warrant to the Sheriff by issuing an electronic version of the warrant to the Sheriff by means of the courts electronic system.
(3) The Registrar may issue a warrant of commitment —
(a) to all members of the Police Force of Western Australia by issuing an electronic version of the warrant by means of the courts electronic system to an electronic system maintained by the Commissioner of Police for the management of the functions of the Police Force of Western Australia; and
(b) to the chief executive officer as defined in the Prisons Act 1981 by issuing an electronic version of the warrant by means of the courts electronic system to an electronic system maintained by that chief executive officer for the management of the functions of the department of the Government principally assisting the Minister with the administration of that Act.(4) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10, a warrant that must be signed by the Registrar is authenticated if —
(a) the Registrar issues the warrant in an electronic form by means of the courts electronic system; and
(b) the electronic document identifies the Registrar as the person who issued it.(5) A warrant issued under this regulation is to be taken to have been issued at the time and on the day when the whole warrant is available to a user of the system to which it is issued.
N. HAGLEY, Clerk of the Executive Council.
Local Government
LG301*
HEALTH ACT 1911
LOCAL GOVERNMENT ACT 1995
Town of Narrogin
Health Repeal Local Law 2015
Made by the local government of the Town of Narrogin under section 342 of the Health Act 1911 in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995, the local government of the Town of Narrogin resolved on 13 October 2015 to make the following local law.
1. Citation
This local law may be cited as the Town of Narrogin Health Repeal Local Law 2015.
2. Commencement
This local law comes into operation on the day of publication in the Government Gazette.
3. Repeal
The following local laws are repealed—
(a) The Health Local Laws made by the Council of the Municipality of Narrogin adopting the Model By-Laws Series ‘A’ at a meeting of the Council on 25 July 1934 and published in the Government Gazette on 21 September 1934 and amended from time to time; and
(b) The Health Local Laws made by the Council of the Municipality of Narrogin adopting the Model By-Laws Series ‘A’ at a meeting of the Council on 12 August 1958 and published in the Government Gazette on 17 October 1958 and amended from time to time.
————
This Local Law was made by the Town of Narrogin at an Ordinary Meeting held on 13 October 2015.
The Common Seal of the Town of Narrogin was hereunto affixed by authority of Council in the presence of—
L. N. BALLARD, Mayor. A. J. COOK, Chief Executive Officer.
On this 15th day of October 2015.
————
Consented to—
A ROBERTSON, Executive Director, Public Health.
Dated this 29th day of October 2015.
———————————
LG302*
LOCAL GOVERNMENT ACT 1995
Town of Narrogin
Repeal Local Law 2015
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Town of Narrogin resolved on 13 October 2015 to make the following local law.
1. Citation
This local law may be cited as the Town of Narrogin Repeal Local Law 2015.
2. Commencement
This local law will come into operation 14 days after publication in the Government Gazette.
3. Repeal
The following local laws are repealed—
(a) Town of Narrogin Bylaw Relating to the Conduct of Proceedings and the Business of the Council, published in the Government Gazette on 28 November 1975, and amended in the Government Gazette on 12 April 1979 and 26 June 1981;
(b) Town of Narrogin By-laws Relating to Pest Plants, published in the Government Gazette on 30 October 1987; and
(c) Town of Narrogin By-law Relating to the Keeping of Bees, published in the Government Gazette on 24 December 1996.
————
Dated this 15th day of October 2015.
The Common Seal of the Town of Narrogin was affixed by authority of a resolution of Council in the presence of—
L. N. BALLARD, Mayor. A. J. COOK, Chief Executive Officer.
———————————
LG303*
LOCAL GOVERNMENT ACT 1995
City of Joondalup
Local Government and Public Property Amendment Local Law 2015
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Joondalup resolved on 9 November 2015 to make the following local law.
1.1 Citation
This local law may be cited as the City of Joondalup Local Government and Public Property Amendment Local Law 2015.
1.2 Commencement
This local law commences on the 14th day after the day on which it is published in the Government Gazette.
1.3 Purpose and effect
(1) The purpose of this local law is to amend certain provisions within the City of Joondalup Local Government and Public Property Local Law 2014.
(2) The effect of this local law is to enable the local government to make a determination prohibiting the placing of collection bins on local government property throughout the district.
2.1 City of Joondalup Local Government and Public Property Local Law 2014 amended
This Part of the local law amends the City of Joondalup Local Government and Public Property Local Law 2014 as published in the Government Gazette on 14 January 2015.
2.2 Clause 1.6 amended
In clause 1.6 insert the following definition in alphabetical order—
‘collection bin means a receptacle for the collection of clothing or goods;’.
2.3 Clause 2.8 amended
Clause 2.8 (1) is amended as follows—
(1) In paragraph (g) delete “and”;
(2) In paragraph (h) delete “.” and insert “; and” ; and
(3) After paragraph (h) insert—
“(i) the placing or maintaining of a collection bin.”
————
Dated 9 November 2015.
The Common Seal of the City of Joondalup was affixed by authority of a resolution of the Council in the presence of—
TROY PICKARD, Mayor. GARRY HUNT, Chief Executive Officer.
Racing, Gaming and Liquor
RA301*
Casino Control Act 1984
Casino Control (Authorised Games) Amendment Notice 2015
Given by the Gaming and Wagering Commission of Western Australia under section 22(1) of the Act.
This notice is the Casino Control (Authorised Games) Amendment Notice 2015.
This notice comes into operation as follows —
(a) clauses 1 and 2 — on the day on which this notice is published in the Gazette;
(b) the rest of the notice — on the day after that day.
This notice amends the Casino Control (Authorised Games) Notice 2011.
In clause 3 in the Table after the item “Keno” insert:
Lucky Big Wheel - FATG |
Dated: 10 November 2015.
Sealed by the Gaming and Wagering Commission of Western Australia in the presence of —
B. A. SARGEANT, Chairperson.
COLLEEN HAYWARD, Member. (L.S.)
Transport
TN301*
Road Traffic (Administration) Act 2008
Road Traffic (Administration) Amendment Regulations (No. 4) 2015
Made by the Governor in Executive Council.
These regulations are the Road Traffic (Administration) Amendment Regulations (No. 4) 2015.
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.
These regulations amend the Road Traffic (Administration) Regulations 2014.
After regulation 7 insert:
8A. Authorised purposes for disclosure of information to prescribed persons
If the Secretary of the Attorney-General’s Department of the Commonwealth is a prescribed person under regulation 7(2)(r), for the definition of authorised purpose in section 14(1) a purpose is to verify the authenticity of a driver’s licence or learner’s permit using the national Document Verification Service.
N. HAGLEY, Clerk of the Executive Council.
———————————
TN302*
Road Traffic (Authorisation to Drive) Act 2008
Road Traffic (Authorisation to Drive) Amendment Regulations (No. 5) 2015
Made by the Governor in Executive Council.
These regulations are the Road Traffic (Authorisation to Drive) Amendment Regulations (No. 5) 2015.
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 23 November 2015.
These regulations amend the Road Traffic (Authorisation to Drive) Regulations 2014.
Delete regulation 26.
N. HAGLEY, Clerk of the Executive Council.
PART 2
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 5th November 2015 for the local government districts of—
Carnarvon, Cue, Meekatharra, Mount Magnet, Sandstone, Upper Gascoyne, Wiluna, Murchison, Shark Bay, Yalgoo, Laverton, Leonora, Menzies, Kalgoorlie-Boulder, Coolgardie, Dundas
BRADLEY STRINGER, 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.
———————————
FE402*
FIRE AND EMERGENCY SERVICES ACT 1998
Approval of FES Units
Correspondence No. 04620 Department of Fire and Emergency Services
Pursuant to section 18M(1) of the Fire and Emergency Services Act 1998, the following groups of persons are approved as FES Units for the purposes of the Act—
Ballidu Volunteer Fire and Emergency Services
Beacon Volunteer Fire and Emergency Services
Bremer Bay Volunteer Fire and Emergency Services
Bruce Rock Volunteer Fire and Emergency Services
Bullsbrook Volunteer Fire and Emergency Services
Christmas Island Volunteer Fire and Emergency Services
Cocos (Home) Island Volunteer Fire and Emergency Services
Cocos (West) Island Volunteer Fire and Emergency Services
Coral Bay Volunteer Fire and Emergency Services
Dampier Peninsula Volunteer Fire and Emergency Services
Eucla Volunteer Fire and Emergency Services
Fitzroy Crossing Volunteer Fire and Emergency Services
Forest Products Commission FES Unit
Halls Creek Volunteer Fire and Emergency Services
Hopetoun Volunteer Fire and Emergency Services
Hyden Volunteer Fire and Emergency Services
Jerramungup Volunteer Fire and Emergency Services
Kondinin Volunteer Fire and Emergency Services
MAPS-WA Volunteer Fire and Emergency Services
Marble Bar Volunteer Fire and Emergency Services
Morawa Volunteer Fire and Emergency Services
Ngaanyatjarraku Emergency Response Team
Northampton Volunteer Fire and Emergency Services
Onslow Volunteer Fire and Emergency Services
SWORD Volunteer Fire and Emergency Services
Tambellup Volunteer Fire and Emergency Services
Tammin Volunteer Fire and Emergency Services
Trayning Volunteer Fire and Emergency Services
Waroona Volunteer Fire and Emergency Services
Wyndham Volunteer Fire and Emergency Services
York Volunteer Fire and Emergency Services
All previous authorisations made under section 18M(1) of the Act are hereby revoked.
WAYNE GREGSON APM, FES Commissioner.
29 October 2015.
Health
HE401*
HEALTH PRACTITIONER REGULATION NATIONAL LAW (WESTERN AUSTRALIA) ACT 2010
HEALTH PRACTITIONER REGULATION NATIONAL LAW (WESTERN AUSTRALIA)
Medical (Area of Need) Determination (No. 22) 2015
Made by the Chief Medical Officer, pursuant to section 67(5) of the Schedule of the Health Practitioner Regulation National Law (Western Australia).
Citation
1. This determination may be cited as the Medical (Area of Need) Determination (No. 22) 2015.
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(5) of the Schedule of the Health Practitioner Regulation National Law (Western Australia).
Expiry of determination
4. This determination expires 3 years after its commencement
SCHEDULE
GENERAL MEDICAL SERVICES IN THE SUBURB OF HELENA VALLEY IN THE SHIRE OF MUNDARING
Dated this 10th day of November 2015.
Professor GARY GEELHOED, Chief Medical Officer, Department of Health as delegate of the Minister for Health.
———————————
HE402*
HOSPITALS AND HEALTH SERVICES ACT 1927
Quadriplegic Centre Board (Appointment of Members) Instrument 2015
Made by the Governor under section 15 of the Act.
1. Citation
This instrument may be cited as the Quadriplegic Centre Board (Appointment of Members) Instrument 2015.
2. Appointment of Members
The reappointment of Mrs Soo Foo (Susan) Chew, Professor Sarah Alison Dunlop, Dr Stephen James Edmondston, Mrs Marcia Helen Kuhne, Mr Peter Ronald Woodland, Mr Geoffrey Allen Currie and Mrs Michelle Jean Karniewicz, pursuant to section 15 of the Act, as Members to the Board is approved for a term of three years commencing on 1 January 2016 and ending on 1 January 2019.
The appointment of Mr Richard Wright, pursuant to section 15 of the Act, as Member to the Board is approved for a term of three years commencing on 1 January 2016 and ending on 1 January 2019.
By Command of the Governor,
R. KENNEDY, Clerk of the Executive Council.
———————————
HE403*
HEALTH ACT 1911
Maternal Mortality Committee (Appointment of Members) Instrument (No. 2) 2015
Made by the Minister under section 340 of the Health Act 1911
1. Citation
This instrument may be cited as the Maternal Mortality Committee (Appointment of Members) Instrument (No. 2) 2015.
2. Appointment of Member(s)
The following appointments are approved for a term of three years commencing on the date of appointment—
a. Dr Christopher Nichols as a Member to the Maternal Mortality Committee under section 340B(3)(b) of the Health Act 1911;
b. Dr Michael Gannon as Deputy Member to Dr Christopher Nichols on the Maternal Mortality Committee under section 340C of the Health Act 1911;
c. Dr Timothy Jeffery as a Member to the Maternal Mortality Committee under section 340B(3)(c) of the Health Act 1911; and
d. Dr Louise Farrell as Deputy Member to Dr Timothy Jeffrey on the Maternal Mortality Committee under section 340C of the Health Act 1911.
Dr KIM HAMES MLA, Deputy Premier, Minister for Health.
Date: 23 September 2015.
Heritage
HR401*
HERITAGE OF WESTERN AUSTRALIA ACT 1990
Intention to Amend an Entry in the Register of Heritage Places
It is proposed that the entry in the Register of Heritage place (“the Register”) relating to P3442 Cottage, Old Balcatta Road located at 23 Old Balcatta Road, Carine (“the Place”) be amended pursuant to section 54 of the Heritage of Western Australia Act 1990.
The reason for the proposed amendment is to reduce the registered curtilage to exclude the location of the site of the former stables to be that portion of Lot 9000 as shown on the proposed subdivision plan enlargement by Bestry Holdings Pty Ltd dated 18/9/14.
In accordance with section 54(2)(a) of the Heritage of Western Australia Act 1990, the Heritage Council invites persons generally to make submissions on the proposed amendment. Submissions must be in writing and should be forwarded to the following address not later than 5pm on 31 December 2015.
GRAEME GAMMIE, Executive Director, State Heritage Office, Bairds Building, 491 Wellington Street, Perth WA 6000.
13 November 2015.
Housing
HW401*
COUNTRY HOUSING ACT 1998
Standard Rate of Interest
Notice is hereby given, in accordance with Section 40 of the Country Housing Act 1998 that the standard rate of interest to apply for assistance provided under this Act is now 4.77% pa for existing loans prior to the 20th of December 2009 and 5.55% pa for loans after the 20th of December 2009. This change in rates follows an increase in Keystart’s variable interest rate. The increase is effective from the 30th November 2015 with changes to repayments commencing on or after the 30th December 2015.
Local Government
LG401*
LOCAL GOVERNMENT ACT 1995
Shire of Augusta-Margaret River
(Basis of Rates)
This notice, which is for public information only, is to confirm that—
I, Brad Jolly, being delegated by the Minister of the Crown to whom the administration of the Local Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act, hereby, and with effect from the 26 October 2015, determined that the method of valuation to be used by the Shire of Augusta-Margaret River as the basis for a rate in respect of the land referred to in the Schedule is to be the gross rental value of the land.
Schedule
Designated Land | |
UV to GRV |
All those portions of land being Lots 1 to 22 inclusive as shown on Deposited Plan 400258 and Lots 201 to 216 inclusive, Lot 219 and Lot 221 as shown on Deposited Plan 406028. |
BRAD JOLLY, Executive Director Sector Regulation and Support, Department of Local Government and Communities.
———————————
LG402*
LOCAL GOVERNMENT ACT 1995
City of Wanneroo
(Basis of Rates)
This notice, which is for public information only, is to confirm that—
I, Brad Jolly, being delegated by the Minister of the Crown to whom the administration of the Local Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act, hereby, and with effect from 26 October 2015, determined that the method of valuation to be used by the City of Wanneroo as the basis for a rate in respect of the land referred to in the following Schedules is to be the gross rental value of the land;
Schedule A
Designated Land | |
UV to GRV |
All those portions of land being Lot 92 as shown on Deposited Plan 24779; Lot 4, Lot 31, Lot 32, Lot 101 and Lot 102 as shown on Deposited Plan 24938; Lots 6 to 8 inclusive, Lot 21, Lot 25, Lot 26 and Lot 30 as shown on Deposited Plan 24939; Lot 15, Lot 17 and Lot 24 as shown on Deposited Plan 24940; Lot 19 as shown on Deposited Plan 24941; Lot 10 as shown on Deposited Plan 24942; Lot 151 as shown on Deposited Plan 28154; Lot 502 as shown on Deposited Plan 38024; Lot 801 as shown on Deposited Plan 47697; Lot 888 and Lot 889 as shown on Deposited Plan 73009; Lot 1646 as shown on Deposited Plan 103279; Lot 2361 as shown on Deposited Plan133993; Lot 39 as shown on Deposited Plan 170674; Lot 2, Lot 3 and Lot 10 as shown on Deposited Plan 222778 and Lot 12 as shown on Deposited Plan 401323. |
Schedule B
Designated Land | |
UV to GRV |
All those portions of land being Lot 5 as shown on Diagram 9294; Lot 1 as shown on Diagram 15941; Lot 3 and Lot 4 as shown on Diagram 55183; Lot 6 as shown on Diagram 60034; Lot 1 as shown on Diagram 61575; Lot 1 as shown on Diagram 63062; Lot 51 as shown on Diagram 67081; Lot 3 as shown on Diagram 69924; Lot 5 as shown on Diagram 72995; Lot 43 as shown on Diagram 77055; Lot 29 as shown on Diagram 82369; Lot 50 as shown on Diagram 83503; Lot 33 and Lot 34 as shown on Diagram 87350; Lot 24 as shown on Diagram 89641; Lot 14 as shown on Diagram 89782; Lot 108 as shown on Diagram 93314; Lot 105 as shown on Diagram 93315; Lot 54 as shown on Diagram 93848; Lot 401 as shown on Diagram 95572; Lot 100 as shown on Diagram 97077; Lot 101 as shown on Diagram 98640 and Lot 292 as shown on Diagram 99599. |
Schedule C
Designated Land | |
UV to GRV |
All those portions of land being Lot 5 and Lot 13 as shown on Plan 8103; Lot 12 as shown on Plan 15190 and Lot 9 and Lot 11 as shown on Plan 16743.. |
BRAD JOLLY, Executive Director Sector Regulation and Support, Department of Local Government and Communities.
———————————
LG403*
BUSH FIRES ACT 1954
Shire of Murray
Appointments
In accordance with the provisions of the Bush Fires Act 1954 (the Act), the following persons are appointed as Bush Fire Control Officers in the district of the Shire of Murray—
Chief Bush Fire Control Officer—Robert Wilson
Deputy Chief Bush Fire Control Officers—Michael Webster
Bush Fire Control Officers—
Douglas McLarty, James Camplin, Kevin Jones, Benjamin Armstrong
Bush Fire Control Officers (Permit Issuing Only)—
Ken Jones, Christine Thompson, Lance Pitter, Dave Turner, Owen Hooton, Glynne Wright
The appointments of Robert Stephen Marlborough, Andrew John Church, Donna Elizabeth Walker, Ronald Milton Porter, Adrianus Marinus Eppen, Sarah Elisabeth Cope, Barry Stewart Scoffern as Bush Fire Control Officers and authorised persons under section 59 of the Act remain in effect within the district.
In accordance with delegated authority under section 48 of the Act, Katie Rebecca Leigh and Terry Dennis Lamey are also appointed as a Fire Control Officer and authorised persons under section 59 of the Act within the district.
DEAN. L. UNSWORTH, Chief Executive Officer.
Marine/Maritime
MA401*
WESTERN AUSTRALIAN MARINE ACT 1982
NAVIGABLE WATERS REGULATIONS 1958
Prohibited Swimming Area
City of Greater Geraldton
Pyrotechnic Display
Champion Bay, Geraldton
Department of Transport, Fremantle WA, 13 November 2015.
Acting pursuant to the powers conferred by Regulation 10A (b) of the Navigable Waters Regulations 1958, I hereby close all of the following waters to swimming, between the hours of 18:45pm and 09:45pm on Saturday 14 November 2015—
Champion Bay, Geraldton
Area of Closure: All the waters within a 300 metre radius of the firing barge located at approximately 28°46.413′S, 114°36.173′E.
This area is set aside for safety measures during the set up and display of pyrotechnics. Mariners are advised to navigate with caution.
CHRISTOPHER MATHER, Director of Waterways Safety Management, Department of Transport.
Minerals and Petroleum
MP401*
MINING ACT 1978
Restoration of Mining Lease
Department of Mines and Petroleum, East Perth WA 6004.
In accordance with the provisions of section 97A of the Mining Act 1978, I hereby cancel the forfeiture of the undermentioned mining lease previously forfeited for non-payment of penalty and restore the mining lease to the former holder.
Hon BILL MARMION MLA, Minister for Finance; Mines and Petroleum.
————
Number |
Holder |
Mineral Field |
MINING LEASE | ||
M30/131 |
Carnegie Gold Pty Ltd |
North Coolgardie |
———————————
MP402*
Department of Mines and Petroleum, East Perth WA 6004.
I hereby declare in accordance with the provisions of section 96A of the Mining Act 1978 that the undermentioned mining tenements are forfeited for breach of covenant, being non-payment of rent.
Hon BILL MARMION MLA, Minister for Finance; Mines and Petroleum.
————
Number |
Holder |
Mineral Field |
EXPLORATION LICENCE | ||
E38/2883 |
Madigan, Michael Francis Williams, John |
Mount Margaret |
E46/939 |
Abeh Pty Ltd |
Pilbara |
E57/915 |
Kalorra Mining and Exploration Pty Ltd |
East Murchison |
E58/409 |
Gibson, Peter Ronald |
Murchison |
E69/3224 |
Perentie Exploration Pty Ltd |
Warburton |
———————————
MP403*
MINING ACT 1978
Application for an Order for Forfeiture
Department of Mines and Petroleum, Coolgardie WA 6429.
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.
N. LEMMON, Warden.
————
To be heard by the Warden at Kalgoorlie on 8 January 2016.
COOLGARDIE MINERAL FIELD
Prospecting Licences
P 15/4962 |
Salt Lake Mining Pty Ltd |
P 15/5883 |
Dowling, Patrick Raymond |
———————————
MP404*
MINING ACT 1978
Application for an Order for Forfeiture
Department of Mines and Petroleum, Kalgoorlie WA 6430.
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.
N. LEMMON, Warden.
————
To be heard by the Warden at Kalgoorlie on 8 January 2016.
BROAD ARROW MINERAL FIELD
Prospecting Licences
P 24/4799 |
Smith, Gregory Thomas Birch, Leon John Smith, Robert Charles Cooke, Murry Leslie |
EAST COOLGARDIE MINERAL FIELD
Prospecting Licences
P 26/3875 |
FE Limited |
———————————
MP405*
MINING ACT 1978
Application for an Order for Forfeiture
Department of Mines and Petroleum, Kalgoorlie WA 6430.
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.
N. LEMMON, Warden.
————
To be heard by the Warden at Kalgoorlie on 8 January 2016.
EAST COOLGARDIE MINERAL FIELD
Prospecting Licences
P 25/1876 |
Goldearth Enterprises Pty Ltd Hodges, Kenneth John |
P 25/1877 |
Goldearth Enterprises Pty Ltd Hodges, Kenneth John |
P 26/3957 |
Gibson, Peter Ronald |
P 26/3992 |
Edwards, Cranston Gilbert |
NORTH COOLGARDIE MINERAL FIELD
Prospecting Licences
P 29/1938 |
Mt Ida Gold Pty Ltd |
P 29/1939 |
Mt Ida Gold Pty Ltd |
P 29/1940 |
Mt Ida Gold Pty Ltd |
P 29/1941 |
Mt Ida Gold Pty Ltd |
P 29/1942 |
International Petroleum Ltd |
P 29/1943 |
International Petroleum Ltd |
P 29/1944 |
Mt Ida Gold Pty Ltd |
P 29/1945 |
International Petroleum Ltd |
P 29/1946 |
Mt Ida Gold Pty Ltd |
P 29/1947 |
Mt Ida Gold Pty Ltd |
P 29/1948 |
Mt Ida Gold Pty Ltd |
P 29/1949 |
Mt Ida Gold Pty Ltd |
P 29/1950 |
Mt Ida Gold Pty Ltd |
P 29/2151 |
Westex Resources Pty Ltd |
P 30/1012 |
International Petroleum Ltd |
P 30/1013 |
International Petroleum Ltd |
P 30/1014 |
International Petroleum Ltd |
P 30/1015 |
International Petroleum Ltd |
P 30/1016 |
International Petroleum Ltd |
P 30/1020 |
Carnegie Gold Pty Ltd |
P 30/1021 |
Barra Resources Limited |
P 30/1040 |
Carnegie Gold Pty Ltd |
P 30/1051 |
Carnegie Gold Pty Ltd |
Miscellaneous Licences
L 29/74 |
Mt Ida Gold Pty Ltd |
L 31/61 |
Yarri Battery And Resources Pty Ltd |
Planning
PL401*
PLANNING AND DEVELOPMENT ACT 2005
Approved Town Planning Scheme Amendment
Shire of Capel
Town Planning Scheme No. 7—Amendment No. 57
Ref: TPS/1605
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 Capel local planning scheme amendment on 7 October 2015 for the purpose of—
1. Modifying Appendix 4 of the Shire of Capel Town Planning Scheme No. 7 to include a ‘Special Use’ as follows—
Land Particulars |
Permitted Uses |
Development Standards/Conditions |
Lot 50 Bridge Street, Boyanup |
Hotel
|
1. The Take Away Food Outlet use is only permissible in conjunction with the Hotel use, and shall be ancillary to the Hotel use.
|
M. T. SCOTT, Shire President. P. F. SHEEDY, Chief Executive Officer.
———————————
PL402*
PLANNING AND DEVELOPMENT ACT 2005
Shire of Derby/West Kimberley
Local Interim Development Order No. 8
Ref: 026/07/04/0001P
Notice is hereby given that in accordance with the provisions of section 105, division 3, part 6 of the Planning and Development Act 2005, and by direction of the Minister for Planning, a summary as set out hereunder of the Shire of Derby/West Kimberley Local Interim Development Order No. 8 made pursuant to the provisions of divisions 2 and 3, part 6 of that Act is published for general information.
The Minister for Planning has made copies of this Order available for inspection by any person free of charge at the offices of the Western Australian Planning Commission, Gordon Stephenson House, 140 William Street, Perth, and at the office of the Derby/West Kimberley Shire Council during normal office hours.
SUMMARY
1. The Shire of Derby/West Kimberley Local Interim Development Order No. 8 contains provisions inter alia—
(a) That the Order applies to that part of the Shire of Derby/West Kimberley specified in the Order.
(b) That, subject as therein stated, the Derby/West Kimberley Shire Council is the authority responsible for its administration.
(c) That the carrying out of certain development on land within the scope of the Order without approval as stated therein is prohibited.
(d) Relating to the application for, and grant of approval for, development other than development permitted by the Order.
(e) Relating to development by a public authority.
(f) Relating to certain development permitted by this Order.
(g) Relating to the continuance of the lawful use of land and buildings.
(h) Relating to an application for a review based on a decision to refuse approval for development or conditions subject to which approval to carry out development is granted.
2. The Order has effect from and after the publication of this Summary in the Government Gazette.
S. GASH, Chief Executive Officer.
Racing, Gaming and Liquor
RA401*
LIQUOR CONTROL ACT 1988
Liquor Applications
The following applications received under the Liquor Control Act 1988 (the Act) are required to be advertised.
Any person wishing to obtain more details about any application, or about the objection process, should contact the Department of Racing, Gaming and Liquor, 1st Floor, 87 Adelaide Terrace, Perth, Telephone: (08) 9425 1888, or consult a solicitor or relevant industry organisation.
App. No. |
Applicant |
Nature of Application |
Last Date for Objections |
APPLICATIONS FOR THE GRANT OF A LICENCE
A000188471 |
LCG Hospitality Pty Ltd |
Application for the grant of a Restaurant licence in respect of premises situated in Bunbury and known as Amigo’s Mexican Eatinghouse. |
3/12/2015 |
A000188763 |
Highclere Pty Ltd |
Application for the grant of a Liquor Store licence in respect of premises situated in Donnybrook and known as Donnybrook Liquor Store. |
10/12/2015 |
A000189135 |
Matsos Broome Brewing Pty Ltd |
Application for the grant of a Wholesalers licence in respect of premises situated in Broome and known as Matsos Broome Brewing Pty Ltd. |
9/12/2015 |
A000189419 |
Diez Amigos Pty Ltd |
Application for the grant of a Restaurant licence in respect of premises situated in East Victoria Park and known as Salsa’s. |
13/12/2015 |
App. No. |
Applicant |
Nature of Application |
Last Date for Objections |
APPLICATION TO ADD, VARY OR CANCEL A CONDITION OF LICENCE
A000178702 |
Holding Court Investments Pty Ltd |
Application for the add/vary/cancel conditions of a Special Facility licence in respect of premises situated in Perth and known as The Dominion League. |
13/12/2015 |
This notice is published under section 67(5) of the Act.
B. A. SARGEANT, Director of Liquor Licensing.
Dated: 10 November 2015.
WorkCover
WC401*
WORKERS’ COMPENSATION AND INJURY MANAGEMENT ACT 1981
Revocation of Exemption Notice
Given by the Board for the purposes of section 168 of the Workers’ Compensation and Injury Management Act 1981.
Revocation of Exemption
Notice is given that on 28 October 2015, the Governor, acting under section 168 of the Workers’ Compensation and Injury Management Act 1981 and with the advice and consent of Executive Council ordered the exemption given to Fletcher Building (Australia) Pty Ltd be revoked.
GREG JOYCE, Chairman of the Board.
Deceased Estates
ZX401*
TRUSTEES ACT 1962
Deceased Estates
Notice to Creditors and Claimants
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the Estates of the undermentioned deceased persons are required to send particulars of their claims to me on or before 13 December 2015, after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice.
Cochrane, Rae Pauline, late of Bethanie Waters Retirement Village, 18 Olivenza Crescent, Port Kennedy, died 13.10.2015 (DE19883820 EM26)
Goodford, Alma Elaine, late of Unit 5, 223 Shepperton Road, East Victoria Park, died 24.11.2014 (DE33021776 EM23)
Halliday, Kevin Esbert, late of Coolibah Aged Care Facility, 30 Third Avenue, Mandurah, formerly of 6 Kara Court, Dawesville, died 21.09.2015 (DE19722753 EM16)
May, Phillip, late of Hermitage Nursing Home, 5 Cottage Close, Ellenbrook, died 9.09.2105 (DE19670648 EM26)
Mills, Dorothy Joan, late of Seaforth Gardens Hostel, Seaforth room 57, 2542 Albany Highway, Gosnells, died 17.09.2015 (DE19932634 EM36)
Pekich, Phillip Anthony, late of St Georges Home, 2 Essex Street, Bayswater, died 23.08.2015 (DE33081410 EM16)
Sandell, Christopher Raymond, late of Nazareth House, 17 Crowtherton Street, Bluff Point, died 19.10.2014 (PM33101902 TM52)
Snow, Irean Also Known As Irene Snow, late of Nazareth House, 17 Crowtherton Street, Bluff Point, die 27.03.2015 (DE33080534 EM17)
Tillett, Frances Kathleen Josephine, late of Unit 4, 77 Epsom Avenue, Redcliffe, died 30.01.2015 (DE33064054 EM36)
Wallace, Ronald Alexander, late of Lakeview Farm, Korda-Bullfinch Road, Westonia, formerly of Yilgarn Homes, Unit 5, 63/Lot 123, Southern Cross, died 22.08.2015 (DE33060578 EM26)
Widdeson, Queenie Irene, late of 6 Arnott Street, Wagin, died 4.10.2015 (DE19973105 EM26)
BRIAN ROCHE, Public Trustee. 553 Hay Street, Perth WA 6000. Telephone: 1300 746 212
———————————
ZX402
TRUSTEES ACT 1962
Deceased Estates
Notice to Creditors and Claimants
Elisha Ellen Neave, late of 10 Gidgee Court, Molendinar in the State of Queensland, Home Duties.
Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect of the estate of the deceased, who died on 30 April 2014 at Pindara Private Hospital, Benowa in the State of Queensland, are required by the personal representative, being Alan Michael Brook to send particulars of their claims to care of Brook Legal, PO Box 93, Wembley, Western Australia 6913 within 30 days of publication of this notice, 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: 9 November 2015.
BROOK LEGAL.
Public Notices
ZZ401*
DISPOSAL OF UNCOLLECTED GOODS ACT 1970
Notice under Part III of Intention to Sell or Otherwise Dispose of Goods
To Shannon Gates of 56 Banyard Avenue, Kelmscott WA 6111, Bailor.
1. You were given notice on 9 February 2015 that the following goods: Holden Commodore, Registration: 1EAF 696, VIN: 6GIEP8E20CL612448 situated at 62 Grogan Road, Perth Airport WA 6104 was ready for redelivery.
2. These goods are goods to the value of $75.00 to which Part III of the abovementioned Act applies.
3. Unless not more than one month from the date of the giving of this notice you—
(a) take redelivery of the goods or give directions for their redelivery; or
(b) give notice in writing to Michael Smith, of Manheim Pty Ltd, 62 Grogan Road, Perth Airport WA 6104, Bailee that you claim the goods exceed $300 in value it is intended to sell or otherwise dispose of the goods in accordance with the Act.
Date: 27 October 2015.
MICHAEL SMITH, Bailee, Manheim Pty Ltd (08) 9267 8888.
Contact State Law Publisher (Sales)