PRINT POST APPROVED PP665002/00041 PERTH ......Original Document Creator: Bruce Smith 4787 ISSN...

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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PUBLISHING DETAILS FOR CHRISTMAS 2020

AND NEW YEAR HOLIDAY PERIOD 2021

—————

Publishing Closing Dates and Times

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mailto:[email protected]

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.

———————————

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.


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.


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


(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


(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.


(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


(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.


(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.


In regulation 8 delete the Penalty and insert:

Penalty: a fine of $1 000.


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



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


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


1. Citation

These regulations are the Settlement Agents Amendment

Regulations 2020.

2. Commencement






These regulations amend the Settlement Agents

Regulations 1982.


(1) In regulation 2 delete the definitions of:

approved educational activity

core professional development subject

points


(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;


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 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.


(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


(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


(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.


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).


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.


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


18. Transitional regulation for Settlement Agents

Amendment Regulations 2020


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.


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


In Schedule 6 Form 1 delete “Department of Commerce — Consumer

Protection” (each occurrence) and insert:



In Schedule 6 Form 2 delete “Department of Commerce — Consumer

Protection” and insert:



———————————


IS303

Co-operatives Act 2009

Co-operatives Amendment Regulations 2020

SL 2020/256


1. Citation

These regulations are the Co-operatives Amendment

Regulations 2020.

2. Commencement




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


These regulations amend the Co-operatives Regulations 2010.


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.


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:



JUSTICE

JU301

Suitors’ Fund Act 1964

Suitors’ Fund Amendment Regulations 2020

SL 2020/261


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.


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))


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.


(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.


———————————

JU302

Restraining Orders Act 1997

Restraining Orders Amendment Regulations

(No. 2) 2020

SL 2020/258


1. Citation

These regulations are the Restraining Orders Amendment

Regulations (No. 2) 2020.

2. Commencement






These regulations amend the Restraining Orders

Regulations 1997.



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.


(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.


After regulation 14A(a) insert:

(aa) the Chief Dangerous Goods Officer;


LOCAL GOVERNMENT

LG301

Local Government Act 1995

Local Government (Cunderdin and

Quairading - Change of Boundaries) Order 2020


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.


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.


TRANSPORT

TN301

Road Traffic (Administration) Act 2008

Road Traffic (Administration) Amendment

Regulations (No. 2) 2020

SL 2020/262


1. Citation

These regulations are the Road Traffic (Administration)

Amendment Regulations (No. 2) 2020.


2. Commencement




(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.


These regulations amend the Road Traffic (Administration)

Regulations 2014.


In regulation 23(2) in the Table after the item for

section 64AAA insert:

s. 71BA(3) Contravening a

prohibition notice

12


———————————

TN302

Road Traffic Act 1974

Road Traffic Code Amendment Regulations

(No. 3) 2020

SL 2020/253


1. Citation

These regulations are the Road Traffic Code Amendment

Regulations (No. 3) 2020.

2. Commencement




(b) the rest of the regulations — on 29 March 2021.



These regulations amend the Road Traffic Code 2000.


(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


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).


In regulation 9(3) delete “shall be regarded as” and insert:

is taken to be



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.


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


(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”.


(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,




(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;


(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;



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.


(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).




(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


(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


must



(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


(a) delete “If” and insert:

Except as provided in regulations 42 and 43A, if

(b) delete “shall” and insert:

must


must

15. Regulations 43A and 43B inserted


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.


(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.


In regulation 81(1) and (2) delete “driver, a driver shall” and

insert:

driver on a carriageway, the driver must


(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.



must


(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



must


(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.


must


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


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


(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;


(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.


In regulation 192(2) delete “shall forthwith” and insert:

must immediately



must


(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),


must


In regulation 211:

(a) delete “shall —” and insert:

must —

(b) in paragraph (a) delete “if seated, sit” and insert:

be



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.




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 —


(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


(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


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)


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


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)


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)


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


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)


———————————


— 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.

———————————


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.

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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.


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.

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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.


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.


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.

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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


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

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MP404

MINING ACT 1978


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


P 51/2551 Caldwell, Luke Mcquarie

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MP405

MINING ACT 1978


Department of Mines, Industry Regulation and Safety Leonora WA 6438.


B. AYLING, Warden.

———— To be heard by the Warden at Leonora on 9 February 2021.

MT MARGARET MINERAL FIELD


P 37/9204 Magnetic Resources NL



P 39/5853 Narnoo Mining Pty Ltd


MP406

MINING ACT 1978


Department of Mines, Industry Regulation and Safety Leonora WA 6438.


B. AYLING, Warden.

———— To be heard by the Warden at Leonora on 9 February 2021.

EAST MURCHISON MINERAL FIELD


P 36/1863 Hobbs, Frederick Donald

MT MARGARET MINERAL FIELD


P 38/4430 Thomas, Vanessa Erica

P 39/5549 Jaensch, Philip Alan

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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

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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


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.

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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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