PERTH, TUESDAY, 30 MARCH 1999 No. 50 - slp.wa.gov.au · (a) fish by any means when using any diving gear dependent upon the use of compressed air; or (b) fish for a commercial purpose

PRINT POST APPROVED PP665002/00041

1331

PERTH, TUESDAY, 30 MARCH 1999 No. 50PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM

WESTERNAUSTRALIANGOVERNMENT

CONTENTS

PART 1Page

Local Government Act 1995—City of Rockingham—Street Performers Local Law ....... 1333-5

———

PART 2

Fisheries ............................................................................................................................. 1336-47Fair Trading ....................................................................................................................... 1347Health ................................................................................................................................. 1348-52Local Government .............................................................................................................. 1352-4Planning.............................................................................................................................. 1354-7Police................................................................................................................................... 1357-64Public Notices—Deceased Estates..................................................................................... 1366Salaries & Allowances Tribunal ........................................................................................ 1365Water .................................................................................................................................. 1365-6

NEW FORMAT FOR GENERAL GOVERNMENT GAZETTESFor ease of access to particular notices the general Gazette will be divided into two parts asdetailed below. In each part, the notices will appear in alphabetical order of the authorisingDepartment.

Part 1 will contain Proclamations, Regulations, Rules, Local Laws and various otherInstruments etc. but not Town Planning Schemes.

Part 2 will contain general notices and information and Town Planning Schemes.

IMPORTANT COPYRIGHT NOTICE© State of Western AustraliaThis work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may bereproduced by any process without written permission from the Government Printer, State LawPublisher. Inquiries should be directed to the Manager Sales & Editorial, State Law Publisher, 10William St, Perth 6000.

PUBLISHING DETAILSThe Western Australian Government Gazette is published by State Law Publisher for the State of WesternAustralia on Tuesday and Friday of each week unless disrupted by Public Holidays or unforeseencircumstances (changes to this arrangement will be advertised beforehand on the inside cover).

Special Government Gazettes containing notices of an urgent or particular nature are published periodically.

The following guidelines should be followed to ensure publication in the Government Gazette.

• Material submitted to the Executive Council prior to gazettal will require a copy of the signedExecutive Council Minute Paper and in some cases the Parliamentary Counsel’s Certificate.

• Copy should be received by the Manager (Sales and Editorial), State Law Publisher no later than12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition).Postal address: Delivery address: State Law Publisher State Law Publisher P.O. Box 8448, Ground Floor, Perth Business Centre 6849 10 William St. Perth, 6000 Telephone: 9321 7688 Fax: 9321 7536

• Lengthy or complicated notices should be forwarded early to allow for preparation. Failure toobserve this request could result in the notice being held over.

If it is necessary through isolation or urgency to fax copy, confirmation is not required by post. If originalcopy is forwarded later and published, the cost will be borne by the advertiser.

ADVERTISING RATES AND PAYMENTSEFFECTIVE FROM 1 JULY 1998.

Deceased Estate notices, (per estate)—$17.70

Real Estate and Business Agents and Finance Brokers Licences, (per notice)—$41.30

Other articles in Public Notices Section—$41.30 (except items of an exceptionally large nature. In these instancesarrangements will be made for pricing the notice at time of lodging).

All other Notices Per Column Centimetre—$8.15

Bulk Notices—$153.00 per page

Clients who have an account will be invoiced for advertising charges.

Clients without an account will need to pay at time of lodging the notice.

SPECIAL PUBLICATION NOTICE

GOVERNMENT GAZETTE—EASTER 1999Advertisers are advised to note the following changes to publication dates forGovernment Gazette over the Easter period 1999.

There will be no edition for TUESDAY 6 APRIL.

EASTER ISSUES:

THURSDAY 1 APRIL (Copy closes Tuesday 30 March at 12.00 noon)

FRIDAY 9 APRIL (Copy closes Wednesday 7 April at 12.00 noon)

Any enquiries should be directed to John Thompson, Phone (08) 9426 0010

30 March 1999] GOVERNMENT GAZETTE, WA 1333

— PART 1 —

LOCAL GOVERNMENT

LG301*

LOCAL GOVERNMENT ACT 1995City of Rockingham

STREET PERFORMERS LOCAL LAWUnder the power conferred by the Local Government Act 1995 and by all otherpowers, the Council of the City of Rockingham resolved to make the following locallaw on the 23rd day of February 1999.

PART 1—DEFINITION AND OPERATION.

1. OperationThis local law will come into operation on the fourteenth day after the day on whichit is published in the Government Gazette.

2. RepealThe City of Rockingham Local Law relating to Street Performers 1993, published inthe Government Gazette on 10 December 1993 is repealed.

3. InterpretationIn this local law, unless the content otherwise requires—

“Act” means the Local Government Act 1995;“authorised officer” means an officer of the Council authorised by the Chief

Executive Officer;“Chief Executive Officer” means the Chief Executive Officer or Acting Chief

Executive Officer of the Local Government;“district” means the district of the City of Rockingham;“licence” means a licence issued under the local law;“licence holder” means a person who holds a valid licence;“Local Government” means the City of Rockingham;“perform” includes public speaking, play a musical instrument, sing, mime,

dance, give an acrobatic or aerobic display or entertain;“permitted area” means the area or areas, specified in a licence, in which the

licence holder may perform;“permitted time” means the time or times, specified in a licence, during which

the licence holder may perform;“street” means a thoroughfare;“thoroughfare” means a road or other thoroughfare and includes structures or

other things appurtenant to the thoroughfare that are within its limits, andnothing is prevented from being a thoroughfare only because it is not open ateach end.

PART 2—GENERAL

4. ApplicationThis local law applies to the entire district.

5. Requirements for a LicenceA person must not perform in a thoroughfare unless he or she is the holder of a validlicence.

6. Application for a LicenceAn application for a licence is to be in the form set out in Schedule 1 and is to beforwarded to the Chief Executive Officer.

7. Determination of an ApplicationThe Chief Executive Officer or an authorised officer may, in respect of an applicationfor a licence—

(a) refuse the application; or (b) approve the application on such terms and conditions, if he or she thinks fit.

1334 GOVERNMENT GAZETTE, WA [30 March 1999

8. Issue of LicenceWhen an application is approved under Clause 6, the Chief Executive Officer or anauthorised officer is to issue to the applicant, upon payment of the application fee asdetermined by the Local Government from time to time, a licence in the form ofSchedule 2.

9. Variation to Licence Conditions(a) The Chief Executive Officer may from time to time by notice in writing to a

licence holder vary—(i) the permitted area;

(ii) the permitted time; (iii) both the permitted area and the permitted time.

(b) The Chief Executive Officer or an authorised officer may direct a licenceholder to move from a permitted area to another area.

10. Length of the LicenceA licence is valid for a period of three months after the date on which it was issuedunless it is sooner cancelled under this local law.

11. Cancellation of a Licence (1) The Chief Executive Officer may cancel a licence if, in his or her opinion— (a) the licence holder has breached a condition of the licence or a provision of

this local law. (b) the volume of sound caused by the licence holder in connection with the

performance adversely affects the enjoyment, convenience or comfort of otherpersons in the thoroughfare; or

(c) the licence holder is not a fit and proper person to hold a licence. (2) Where the Chief Executive Officer cancels a licence under subclause (1)— (a) the Chief Executive Officer must advise the licence holder in writing of the

cancellation; (b) the cancellation takes effect on and from the date on which the licence holder

is served with the cancellation notice; (c) the licence holder must forthwith return the licence certificate to the Chief

Executive Officer; and (d) the Chief Executive Officer shall not be required to refund any part of the fee

paid by the licence holder in respect of the cancelled licence.

12. Transfer of LicenceA licence issued under this Local Law is not transferable.

13. Obligations on a Licence HolderA licence holder— (a) must comply with the terms and conditions of the licence and with any

variation or direction given under Clause 8. (b) must ensure that his or her licence is kept in his or her possession at all

times while performing and must produce it forthwith upon being requiredto do so by the Chief Executive Officer or an authorised officer;

(c) must not perform in any street wearing dirty, torn or ragged clothing;(d) must not act in an offensive manner; and(e) must not place, install, erect, play or use any musical instrument, compact

disk player, cassette player, loud speaker or amplifier in any part of athoroughfare—(i) other than the permitted area; and

(ii) unless the musical instrument, loud speaker or amplifier is specified inthe licence.

14. Offences and Penalties.A person who fails to comply with any provision of this local law commits and offenceand on conviction is liable to a penalty of not more than $500.

Schedule 1

CITY OF ROCKINGHAMClause 6

APPLICATION FOR LICENCE TO PERFORMTo the Chief Executive OfficerCity of RockinghamI, ....................................................................................................................(Full Name)

30 March 1999] GOVERNMENT GAZETTE, WA 1335

of .....................................................................................................(Residential Address)............................................................................................................................................................................................................................................................. (Postal Address)................................................................................................................................................................................................................................................................... (Occupation).......................................................................................................... (Telephone Number)

apply for a licence to perform under the City of Rockingham Street Performers LocalLaw.

Details of Proposed Performances1. Nature of proposed performance.................................................................................

......................................................................................................................................2. Description of any musical instrument, loud speaker or amplifier to be used .........

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

......................................................................................................................................3. Preferred permitted area.............................................................................................

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

......................................................................................................................................4. Preferred permitted times...........................................................................................

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

Dated this ………. Day of ……………………………. 19 ………

………………………………………….(Signature of Applicant)

Schedule 2

CITY OF ROCKINGHAMClause 8

LICENCE TO PERFORMThis licence is issued to—

............................................................................................................... (Full Name)

................................................................................................(Residential Address)

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

to perform in the following permitted areas and times for a period of three monthscommencing on the date of issue of this licence unless it is sooner cancelled.Permitted area:..................................................................................................................Permitted times:................................................................................................................

Issued this ………. Day of ……………………………. 19 ………

……………………………………….……….….Chief Executive Officer/Authorised Officer.

Dated this 23rd day of March 1999.The common seal of the City of Rockingham was affixed in the presence of—

C. ELLIOTT, Mayor.G. G. HOLLAND, Chief Executive Officer.

GOVERNMENT GAZETTE, WA [30 March 19991336

— PART 2 —

FISHERIES

FI401*FISH RESOURCES MANAGEMENT ACT 1994

PROHIBITION ON FISHING (DIVING) ORDER 1999Order No. 3 of 1999

FD 1620/98 [206]Made by the Minister under section 43.

Citation1. This order may be cited as the Prohibition on Fishing (Diving) Order 1999.

Prohibition on fishing by diving2. (1) The holder of a commercial fishing licence must not—

(a) fish by any means when using any diving gear dependent upon the use of compressed air; or(b) fish for a commercial purpose when using any diving gear not dependent upon the use of

compressed air.(2) In subclause (1) a mask, snorkel and diving fins shall be taken to be diving gear.

Exceptions to prohibition in clause 23. (1) Clause 2 does not apply to a person fishing for a commercial purpose in accordance with alicence specified in the Schedule.

Order revoked4. The order being Notice No. 290* is revoked.

ScheduleA managed fishery licence granted in respect of the Abalone Management Plan 1992, Cockburn Sound(Mussel) Management Plan 1995, Specimen Shell Management Plan 1995 and Marine Aquarium FishManagement Plan 1995.An oyster fishing licence granted under the Fish Resources Management Regulations 1995.A commercial fishing licence which specifies that the holder of the licence may fish by the use of divinggear, to the extent that the licence specifies.

[*Published in the Gazette of 19 August 1988.]Dated this 25th day of March 1999.

MONTY HOUSE, Minister for Fisheries.

FI402* FISH RESOURCES MANAGEMENT ACT 1994

ABALONE MANAGEMENT PLAN AMENDMENT 1999FD 1248/97 [180]Made by the Minister under section 54(2).

Citation1. This amendment may be cited as the Abalone Management Plan Amendment 1999.

Principal Plan2. In this amendment the Abalone Management Plan 1992* is referred to as the principal Plan.

Arrangement deleted and substituted3. The principal Plan is amended by deleting the Arrangement and substituting the following—

“ArrangementClause 1. Citation

2. Interpretation3. Declaration of Fishery4. Prohibition on fishing for abalone

GOVERNMENT GAZETTE, WA 133730 March 1999]

5. Prohibition on selling or dealing6. Areas of the Fishery7. Criteria for grant of licences8. Details on licence9. Authority and duration of licences

10. Nominated divers11. Area Catch (Maximum quantity of abalone that may be taken)12. Scheme of entitlements that may be conferred by licences13. Unit value14. Initial allocations of units14A. Grounds to refuse transfer of licence or entitlement14B. Temporary transfer of a unit of entitlement14C. Suspension or non-renewal of licence—minimum holdings of entitlement14D. Cancellation of licence—minimum unit holdings of entitlement15. Restrictions on fishing—general16. Closures within the fishery16A. Minimum sizes17. Nominated operator’s duties prior to fishing17A. Nominated diver not to fish in excess of unit value17B Defence to section 74 of the Act18. Sale or transfer of abalone19. Weighing abalone19A. Handling of abalone after weighing19B. Holding of abalone shell20. Returns21. Use of boats22. Whole weight of abalone22A. Calculating quantity of abalone that has been taken23. Payment by instalments23A. Offences and major provisions23B Procedure before this plan may be amended or revoked24. RevocationSchedule 1—Areas of the FisherySchedule 2—Initial Area CatchesSchedule 3—Total Numbers of UnitsSchedule 4—Units Conferred by LicencesSchedule 5—Minimum Abalone LengthsSchedule 6—Relevant Conversion FactorsSchedule 7—Payment by Instalments”.

Clause 1 amended4. Clause 1 of the principal Plan is amended—

(a) by inserting after “Notice” the following—“ , being a management plan under the Act, ”; and

(b) by deleting “Limited Entry Fishery Notice 1992.” and substituting the following—“Management Plan 1992 and hereafter in this management plan is referred to as “this plan”.”.


(a) by deleting “In this Notice” and substituting the following—“(1) In this plan”;

(b) by deleting the items commencing “abalone”, “Brownlip abalone”, “Greenlip abalone”, “Roe’sabalone”, “Zone 1”, “Zone 2” and “Zone 3”;

(c) in the item commencing “Catch and Disposal Record Book” by deleting “clause 17” and substi-tuting—“clause 20”;

(d) in the item commencing “Fishery” by deleting “Limited Entry” and substituting the follow-ing—“Managed”;

(e) by deleting the item commencing “nominated diver” and substituting the following—“ “nominated diver” means a person authorised to fish for abalone under the authority of alicence in accordance with clause 10;”;

(f) by deleting the item commencing “total fee” and substituting the following—“ “total fee” means—(a) in the case of a licence being renewed for a period ending on or before 31 March 2000, the

fee as specified in—(i) item 3(1)(a) of Part 3 of Schedule 1 of the regulations for a licence for zone 1;

(ii) item 3(1)(b) of Part 3 of Schedule 1 of the regulations for a licence for zone 2; and(iii) item 3(1)(c) of Part 3 of Schedule 1 of the regulations for a licence for zone 3; and

(b) in the case of a licence being granted or renewed for a period ending after 31 March 2000,the fee as specified in item 3 of Part 3 of Schedule 1 of the regulations;”;


(g) by inserting before the item commencing “Catch and Disposal Record Book” the followingitems—“ “approved fish processor” means the holder of a fish processor’s licence nominated by the

Executive Director in accordance with clause 18;“Area Catch” means the total quantity of a specified species of abalone that may be taken

from a specified Area of the fishery in any year commencing on 1 April, as provided for inclause 11;”;

(h) by inserting after the item commencing “Catch and Disposal Record Book” the following item—“ “Committee” means the advisory committee established by the Minister to provide informa-

tion and advice on matters relating to the Fishery;”;(i) inserting after the item commencing “nominated diver” the following item—

“ “nominated operator” means a nominated diver authorised to control fishing under the au-thority of a licence in accordance with clause 10;”; and

(j) inserting after the item commencing “whole weight” the following—“(2) In this plan unless the contrary intention appears the following words have the meanings

provided for in the regulations—“abalone”;“Brownlip abalone”;“fishing boat licence”;“Greenlip abalone”;“licensed fishing boat”; and“Roe’s abalone”.

(3) A reference in this plan to an Area shall be a reference to an Area provided for in clause 6.”.


(a) in the heading of the clause by deleting “Limited Entry”;(b) in subclause (1) by—

(i) deleting “It is hereby declared that the taking of any species” and substituting the follow-ing—“The taking”;

(ii) deleting “Sea shall” and substituting the following—“Sea, previously declared under the repealed Act to”; and

(iii) deleting “to be called the Abalone Limited Entry Fishery.” and substituting the follow-ing—“and taken to be a managed fishery under item 8 of Schedule 3 of the Act, is a managedfishery and may be referred to as the Abalone Managed Fishery.”; and

(c) by deleting subclause (2).

Clause 4 amended7. Clause 4 of the principal Plan is amended by deleting “Plan” and substituting the following—

“plan”.


(a) in subclause (1) by deleting “Notice” and substituting the following—“plan”; and

(b) in subclause (2) by deleting “issued under this notice”.

Clause 6 deleted and substituted9. The principal Plan is amended by deleting clause 6 and substituting the following—

“Areas of the Fishery6. The Fishery is divided into the 8 areas specified in Schedule 1.”.


“Criteria for grant of licences7. (1) The criteria to be satisfied by a person applying for the grant of a licence authorising

fishing for Roe’s abalone are that—(a) the person was, on 31 March 1999, the holder of a licence that authorised fishing for

Greenlip, Brownlip and Roe’s abalone; or(b) the person satisfies the Executive Director that—

(i) immediately upon the grant of the licence an application would be made undersection 140 of the Act to transfer Roe’s units of entitlement to the licence fromanother licence;

(ii) the application referred to in paragraph (i) would be in respect of not be less than800 Roe’s units; and


(iii) immediately upon receipt of the application referred to in paragraph (i) theExecutive Director would transfer the Roe’s units to the licence (if it had beengranted).

(2) The criteria to be satisfied by a person applying for the grant of a licence authorisingfishing for Greenlip, Brownlip or Greenlip and Brownlip abalone are that the person sat-isfies the Executive Director that—(a) immediately upon the grant of the licence an application would be made under section

140 of the Act to transfer Greenlip and/or Brownlip (as the case may require) units ofentitlement to the licence from another licence;

(b) the application referred to in paragraph (a) would be in respect of not less than 450Greenlip and/or Brownlip units; and

(c) immediately upon receipt of the application referred to in paragraph (a) the ExecutiveDirector would transfer the Greenlip and/or Brownlip units to the licence (if it hadbeen granted).”.


(a) by deleting “shall contain the following details—” and substituting the following—“may specify— “;

(b) in paragraph (a) by deleting “licensee” and substituting the following—“holder of the licence”;

(c) in paragraph (b) by deleting “the nominated diver” and substituting the following—“any nominated diver”; and

(d) by deleting paragraphs (g) and (h) and substituting the following—“(g) the units of entitlement conferred by the licence, the Areas to which those units relate and

the maximum quantities of abalone that may be taken from each Area of the Fishery;(h) the species of abalone that may be taken under the authority of the licence; and”.


“Authority and duration of licences9. (1) A licence must authorise fishing for either—

(a) Roe’s abalone; or(b) Greenlip, Brownlip or Greenlip and Brownlip abalone.

(2) A licence that prior to 31 March 1999 authorised fishing for Greenlip, Brownlip and Roe’sabalone shall, upon renewal, be a licence which authorises fishing for Greenlip and Brownlipabalone.

(3) A licence expires on 31 March in any year.”.


“Nominated divers10. (1) A licence may specify the names of not more than two natural persons who may fish for

abalone under the authority of the licence.(2) A person, including the holder of a licence, must not fish under the authority of a licence

unless that person’s name is specified on the licence as a nominated diver.(3) Subject to subclause (4), the nominated diver first named on an instrument of a licence

shall be taken to be the nominated operator of the licence and to have the control of anyfishing operation carried out or to be carried out under the authority of the licence.

(4) At any time when the holder of a licence and two nominated divers of the licence havegiven written notice to a fisheries officer to the effect that the second named nominateddiver of the licence is to have the control of all fishing to be carried out under the authorityof the licence, the second named nominated diver and not the first named nominateddiver shall be taken to be the nominated operator of the licence and to have that controluntil the notice is revoked in the same manner in which it was given or the licence isvaried by removing the name of the second named nominated diver.

(5) A notice given under subclause (4) must be in a form approved by the Executive Director.(6) The holder of a licence must make and keep safe at the holder’s business address a written

record of the details of all authorities given, together with a true and legible copy of everywritten notice given under this clause.

(7) A nominated diver must not fish for abalone other than in accordance with the directionsof the nominated operator of the relevant licence.

(8) A person must not be a nominated diver of more than one licence except where the personis a nominated diver of two licences and—(a) one only of those licences authorises fishing for Roe’s abalone; and(b) the nominated diver is the nominated operator of none or both of the licences.”.


Clauses 11, 12, 13 and 14 deleted and substituted14. The principal Plan is amended by deleting clauses 11, 12, 13 and 14 and substituting the follow-ing—

“Area Catch (Maximum quantity of abalone that may be taken)11. (1) The maximum quantity of—

(a) Roe’s abalone (measured in kilograms whole weight) that may be taken from the wa-ters of each of Areas 1, 2, 5, 6, 7 and 8 of the Fishery; and

(b) Greenlip and Brownlip abalone (measured in kilograms meat weight) that may betaken from the waters of Areas 1, 2, 3 and 4 of the Fishery,

during any period for which licences are to be granted or renewed is to be determined in ac-cordance with this clause.(2) During the year commencing on 1 April 1999 the maximum quantities of abalone that

may be taken from the waters of an Area of the Fishery shall be the quantities provided forin Schedule 2.

(3) On or before 1 March in any calender year after 1999 the Executive Director is to deter-mine the maximum quantity of Roe’s abalone (measured in kilograms whole weight) andGreenlip and Brownlip abalone (measured in kilograms meat weight), that may be takenfrom the waters of the relevant Areas of the Fishery specified in Schedule 2 during theyear commencing on 1 April in that calendar year, provided that in the absence of a deter-mination in any year then the last made determination (or where there has been nodetermination under this clause, then Schedule 2) shall apply.

(4) Each determination made under subclause (3) shall be made—(a) after taking such advice with respect to the state of the stock of abalone and the long

term sustainability of the stock as the Executive Director thinks fit;(b) after taking into account any advice of the Committee that is properly referred to him

by the Committee; and(c) by reference to the maximum quantity and species of abalone, measured in kilograms

(whole weight or meat weight as the case may require), which in the Executive Direc-tor’s opinion may be taken without compromising the long term sustainability of thestock of abalone.

(5) Each determination made under subclause (3)—(a) shall be expressed in terms of an Area Catch, a species of abalone and an Area of the

fishery;(b) must be published in the Gazette within 14 days of the making of the determination;

and(c) revokes the previous determination.

Scheme of entitlements that may be conferred by licences12. (1) The aggregate of the entitlements to fish for Roe’s, Greenlip and Brownlip abalone in any

Area of the Fishery that may be conferred by all the licences is equal to the Area Catch forthat species and Area as determined in accordance with clause 11 and expressed in kilo-grams.

(2) The entitlement to fish for abalone conferred by a licence shall be expressed in terms ofunits of entitlement.

(3) The extent of the entitlement to fish for abalone that arises from a unit, to be known as theunit value, shall be determined in accordance with clause 13 and—

(i) designated by reference to a species of abalone;(ii) designated by reference to an Area from which the abalone may be taken; and

(iii) limited by reference to a quantity of abalone (measured in kilograms of whole ormeat weight).

(4) The units of entitlement that are conferred by a licence when it is renewed on or before 30May 1999, or granted pursuant to the satisfaction of the criteria specified in clause 7(1)(a),shall be the number and type of units of entitlement provided for in clause 14.

Unit value13. For the purposes of subclause 12(3)(iii), the quantity of abalone shall be equal to the quotientof the Area Catch (for the relevant species and the relevant Area) and N (where N for the yearcommencing 1 April 1999 is the number specified in Schedule 3 in respect of the relevant speciesand Area, and in any subsequent year is the number of relevant units conferred by all the licencesimmediately before they last expired).Initial allocations of units14. (1) The extent and type of the units of entitlement that shall be conferred by a licence that is

renewed on or before 30 May 1999 shall be the number and type of units specified inSchedule 4.

(2) The extent and type of the units of entitlement that shall be conferred by a licence that isgranted pursuant to the satisfaction of the criteria specified in clause 7(1)(a) shall be thenumber and type of units specified in Schedule 4.”.


Clauses 14A, 14B, 14C and 14D inserted15. The principal Plan is amended by inserting after clause 14 the following—

“Grounds to refuse transfer of licence or entitlement14A. For the purposes of section 140(2) of the Act each of the following is a ground on which theExecutive Director may refuse to transfer a licence or any part of an entitlement under a licence—(a) that if the application were given effect, then the number of units conferred by a licence,

disregarding any temporary transfers of units to or from the licence, would be less than 800Roe’s units or 450 Greenlip and/or Brownlip units (as the case may require);

(b) that the value of the units (including units temporarily transferred to the licence and exclud-ing units temporarily transferred from the licence) that would be conferred by the licence afterthe transfer would be less than the total amount of abalone already taken under the authorityof the licence during the period for which the licence has been granted;

(c) that the transfer is not of a whole number of units;(d) that the total fee has not been paid in respect of the licence from which the units are being

transferred; or(e) that the licence does not authorise fishing for the species of abalone to which the units relate.

Temporary transfer of a unit of entitlement14B. A unit conferred under a licence may be temporarily transferred to another licence whichauthorises fishing for the species of abalone to which the unit relates, for a period ending at thetime that the licence expires, provided that—(a) the value of the units (including units temporarily transferred to the licence and excluding

units temporarily transferred from the licence) that would be conferred by the licence after thetransfer would not be less than the total amount of abalone already taken under the authorityof the licence during the period for which the licence has been granted or renewed; and

(b) the transfer is of a whole number of units.

Suspension or non-renewal of licence—minimum holdings of entitlement14C. For the purposes of section 143 of the Act each of the following is a ground on which theExecutive Director may suspend or not renew a licence—(a) that the number of units conferred by the licence, disregarding any temporary transfers of

units to or from the licence, is less than 800 Roe’s units; or(b) that the number of units conferred by the licence, disregarding any temporary transfers of

units to or from the licence, is less than 450 Greenlip and/or Brownlip units.Cancellation of licence—minimum holdings of entitlement14D. For the purposes of section 143 of the Act each of the following is a ground on which theExecutive Director may cancel a licence—(a) that the licence was granted pursuant to the satisfaction of the criteria specified in clause

7(1)(b) or 7(2) and the relevant transfer application was not made or approved within 7 days ofthe day on which the licence was granted;

(b) that all the units of entitlement have been transferred from the licence; or(c) that the number of units conferred by the licence, disregarding any temporary transfers of

units to or from the licence, is less than 800 Roe’s units or 450 Greenlip and/or Brownlip units(as the case may be).”.


“Restrictions on fishing—general15. (1) A nominated diver must not, when operating in the waters on the west coast of the state

lying between the northern sea wall of Hillarys Boat Harbour and Cape Bouvard —(a) stand or remain on any reef top while fishing for abalone; or(b) fish for abalone other than from a boat authorised to be used in the Fishery.

(2) A nominated diver must not take any Roe’s abalone from the waters on the west coast ofthe state lying between the north mole at Fremantle and Trigg Island.

(3) A nominated diver must not fish for abalone in the waters of Area 7—(i) on any Saturday, Sunday or public holiday; or

(ii) during, or within 14 days before, any day on which the holder of an abalone recrea-tional fishing licence is entitled to fish for Roe’s abalone in any of the waters withinArea 7.

(4) A nominated diver of a licence must not fish for Roe’s abalone in the waters of Area 7before 1 July 1999 unless the quantity of Roe’s abalone taken by the nominated divers ofthe licence after 31 March 1999 is less than 1000 kilograms.”.

Clause 16 amended17. Clause 16 of the principal Plan is amended by deleting subclause (5).


Clause 16A inserted18. The principal Plan is amended by inserting after clause 16 the following—

“Minimum sizes16A. (1) A nominated diver must not take from the waters of an Area specified in Schedule 7 any

abalone which has a shell size which is less than the length specified in Schedule 7.(2) In this clause, a measurement of length means a measurement made in accordance with

the method specified in respect of abalone in Schedule 8 to the regulations.”.


“Nominated operator’s duties prior to fishing17. (1) A nominated operator must not fish for abalone or permit, authorise or allow any fishing

for abalone to be carried out under the authority of the relevant licence unless the nomi-nated operator has first—(a) given notice, in a manner and in a form specified in writing by the Executive Director,

of—(i) the intention to fish or permit, authorise or allow fishing for abalone;

(ii) details of where the fishing is to be carried out;(iii) details of where any abalone will be landed ashore,and

(b) received confirmation that the notice given in accordance with paragraph (a) has beenreceived by the person to whom it was given.

(2) A nominated operator must not fish for abalone or permit, authorise or allow any fishingfor abalone to be carried out under the authority of the relevant licence unless the nomi-nated operator has first established and secured, at the place where any abalone taken areto be landed, a means of accurately determining the weight of any abalone that may belanded ashore.”.

Clauses 17A and 17B inserted20. The principal Plan is amended by inserting after clause 17 the following—

“Nominated diver not to fish in excess of unit value17A. (1) A nominated diver must not fish for any Roe’s abalone in an Area of the Fishery unless the

whole weight of Roe’s abalone, determined in accordance with clauses 22 and 22A as thecase may require, taken from the Area by the nominated divers of the relevant licenceduring the period for which the licence has been granted or renewed is less than the sumof the unit values of the units conferred by the licence that relate to that Area and speciesof abalone.

(2) A nominated diver must not fish for any Greenlip or Brownlip abalone in an Area of theFishery unless the meat weight of Greenlip or Brownlip abalone, determined in accord-ance with clauses 22 and 22A as the case may require, taken from the Area by the nominateddivers of the relevant licence during the period for which the relevant licence has beengranted or renewed is less than the sum of the unit values of the units conferred by thelicence that relate to that Area and species of abalone.

(3) A nominated diver of a licence must not fish in the Fishery for a species of abalone unlessthe licence authorises fishing for that species of abalone and the licence confers units ofentitlement that relate to that species.

(4) Where the entitlement conferred by a licence to fish for a species of abalone in an Area ofthe Fishery has been exceeded then a nominated diver of the licence must not further fishfor abalone in that Area until after the licence has been renewed.

Defence to section 74 of the Act17B. It is a defence in proceedings for an offence against section 74 of the Act in respect of contra-vening clause 17A for the person charged to prove that—(a) notice of the fishing in excess of the entitlement was given to the Executive Director, in a

manner and in a form specified in writing by the Executive Director, within 90 minutes oflanding the abalone ashore or before moving the abalone from the place of landing, whicheveris the earlier;

(b) the amount of abalone by which the entitlement under the licence was exceeded is not morethan 5 kilograms meat weight or 15 kilograms whole weight; and

(c) the licence holder, not more than 14 days after the taking of the abalone, paid to the FisheriesResearch and Development Fund an amount of money equal to the product of the number ofkilograms by which the entitlement was exceeded and the prescribed value (per unit of weight)for that species and condition of abalone set out in Schedule 9 of the regulations.”.


“Sale or transfer of abalone18. (1) A person who has taken any abalone under the authority of a licence must not sell or

transfer the abalone other than to an approved fish processor or the holder of an aquaculturelicence who is authorised to process or aquaculture that species of abalone (as the casemay be).


(2) For the purposes of subclause (1) an approved fish processor is a person nominated by theExecutive Director.

(3) The Executive Director may nominate a person to be an approved fish processor in respectof a species of abalone by publishing a notice to that effect in the Gazette.

(4) A notice published in the Gazette may be amended or revoked by further notice publishedin the Gazette.”.


“Weighing abalone19. (1) Where any abalone taken by a person who is a nominated diver of a licence is landed

ashore, the nominated operator of the relevant licence must within 90 minutes of landingthe abalone or before removing or permitting the abalone to be removed from the place oflanding, whichever is the earlier—(a) accurately determine the weight of the abalone; and(b) in the case of Greenlip and Brownlip abalone, accurately determine the number of the

abalone.(2) For the purposes of subclause (1) the nominated operator must use a means of determin-

ing the weight of the abalone which the nominated operator has, immediately beforeweighing the abalone, determined to be in proper operating condition.

(3) Immediately after determining the weight and number of any abalone in the manner pro-vided for in subclause (1) the nominated operator must transmit, in a manner and in aform specified in writing by the Executive Director, the measured weight and other detailsof the abalone that are to be recorded in a consignment note in the Catch and DisposalRecord Book in accordance with clause 20.

(4) Where the Executive Director issues a consignment number in respect of a transmissionmade in accordance with subclause (3) the nominated operator who made the relevanttransmission must that ensure that the consignment number is entered into the relevantconsignment note and notice of the consignment number is securely attached to the aba-lone or any package, container or receptacle containing the abalone until the abalone hasbeen delivered to an approved fish processor or the holder of an aquaculture licence (asprovided for in clause 18) or the place where the abalone are to be consumed.

(5) A nominated operator must not transmit any information in accordance with subclause(3) that the person knows to be false or misleading.

(6) A nominated operator must not remove, or permit to be removed, any abalone from theplace where the abalone were landed ashore unless this clause has been complied with.

(7) A nominated operator must not remove, or permit to be removed, any abalone from theplace where the abalone were landed ashore unless the abalone are in the condition (wholeor shucked) in which they were in when the determination of the weight of the abalonewas made in accordance with this clause.”.

Clauses 19A and 19B inserted23. The principal Plan is amended by inserting after clause 19 the following—

“Handling of abalone after weighing19A. (1) A nominated operator must not give up possession of any abalone taken under the author-

ity of the relevant licence other than for the purpose of consigning the abalone to an approvedfish processor or to the holder of an aquaculture licence as provided for in clause 18.

(2) A person who receives any abalone from a nominated operator must immediately upontaking possession of the abalone accurately determine the weight of the abalone and makeand maintain a written record of the measured weight.

Holding of abalone shell19B. (1) Where a nominated operator consigns any abalone which have been shucked, the nomi-

nated operator must keep in a safe and secure place the shell of the abalone until theconsignment of abalone has been received by the consignee of the abalone.

(2) A person must not shuck Roe’s abalone taken from the waters on the west and south coastsof the state lying between 27° 15' 54" south latitude and 124° east longitude.

(3) Where an approved fish processor shucks any abalone, the approved fish processor mustkeep in a safe and secure place and for a period of 24 hours the shell of the abalone.”.


“Returns20. (1) The person who is the nominated operator of a licence at the time when any abalone is

landed ashore must—(a) within 90 minutes of landing the abalone or before removing or permitting the aba-

lone to be removed from the place of landing, whichever is the earlier, sign and specifyin triplicate in a separate unused consignment note in a Catch and Disposal RecordBook for each separate consignment of abalone and for any quantity of abalone notconsigned, accurate details of—

(i) the place, time and date of the landing of the abalone;


(ii) the Area of the Fishery from where the abalone were taken;(iii) the name and commercial fishing licence numbers of the nominated divers who

took the abalone;(iv) the name, licence number and business address of any approved fish processor

or aquaculture licence holder to whom the abalone have been or are to be con-signed (if applicable);

(v) the name of the nominated operator retaining any abalone which is not beingconsigned and the place to which the abalone are to be taken (if applicable);

(vi) the name of the employer of any person who is to transport the abalone to aconsignee;

(vii) the number of containers in which the abalone are contained;(viii) the consignment number referred to in subclause 19(4);

(ix) the determination of the weight and number of each species of abalone, as deter-mined in accordance with clause 19, and whether the weight is of whole or shuckedabalone;

(x) the name of the nominated operator and the licence under the authority of whichthe abalone were taken; and

(xi) the total amount of abalone taken under the authority of the licence during theperiod for which it has been granted or renewed, calculated in accordance withclauses 22 and 22A;

(b) within 90 minutes of landing the abalone or before removing or permitting the aba-lone to be removed from the place of landing, whichever is the earlier, complete induplicate in the consignment note used for the purposes of paragraph (a) details of—(i) the name and grid reference of the Area from where the abalone were taken; and

(ii) the time spent diving for the abalone that were taken;(c) not depart, and not permit the abalone to be removed, from the place where the aba-

lone were landed ashore until paragraphs (a) and (b) have been complied with;(d) cause the original copy of the completed consignment note from the Catch and Dis-

posal Record Book to accompany the abalone from the point of landing to the specifieddestination by sealing the consignment note inside a waterproof bag and securelyattaching the consignment note to the container containing the abalone (and wherethere is more than one container ensuring that each container is securely labelledwith the consignment note number); and

(e) retain the triplicate copy of the completed consignment note in the Catch and DisposalRecord Book, and at all times keep safe and secure the Catch and Disposal RecordBook and all consignment notes (used or unused inside it), and produce the Catch andDisposal Record Book to a Fisheries Officer on demand.

(2) A nominated operator to whom subclause (1) applies shall, within 24 hours of landing anyabalone ashore, forward the duplicate copy of the completed consignment note referred toin subclause (1) to the senior fisheries officer of the Department at Esperance, Albany orFremantle.

(3) A nominated operator must not make an entry in accordance with subclause (1) that theperson knows to be false or misleading.”.


(a) by deleting “person authorised to operate in the Fishery shall” and substituting the follow-ing—“nominated diver must”; and

(b) in subclause (1) by deleting “that boat is endorsed on a licence issued in accordance with thisnotice” and substituting the following—“the name and licensed fishing boat number of the boat is specified on a licence”.

Clauses 22 and 22A inserted26. The principal Plan is amended by inserting after clause 21 the following—

“Whole weight of abalone22. (1) For the purposes of this Plan, where a quantity of Roe’s abalone is expressed in terms of a

whole weight, the weight shall be taken to be—(a) where the abalone is whole when it is weighed, that weight of abalone measured in

kilograms; or(b) where the abalone is not whole when it is weighed, including where part or all of the

abalone has been separated from the shell, that weight of abalone measured in kilo-grams multiplied by the relevant conversion factor.

(2) For the purposes of this Plan, where a quantity of Greenlip or Brownlip abalone is ex-pressed in terms of a meat weight, the weight shall be taken to be—(a) where the abalone is whole when it is weighed, that weight of abalone measured in

kilograms multiplied by the relevant conversion factor; or


(b) where the abalone is not whole when it is weighed, including where part or all of theabalone has been separated from the shell, that weight of abalone measured in kilo-grams.

(3) In this clause—“relevant conversion factor” means the conversion factor specified in Schedule 6 that

corresponds to the species of abalone and the Area from which the abalone was taken.Calculating quantity of abalone that has been taken22A. (1) For the purposes of clause 17A, where a determination of the weight of a quantity of aba-

lone taken under the authority of a licence has been made in accordance with clause 19and recorded in accordance with clause 20, that determination shall be used for the pur-pose of calculating the total amount of abalone that has been taken under the authority ofthe relevant licence, provided that where any abalone has been delivered to an approvedfish processor and a determination of the weight of abalone has been made by that personand recorded in the relevant consignment note and in accordance with the fish processor’slicence and the Act, then the weight determined and recorded by that person may be usedin the calculation.

(2) At any time when a determination of the weight of a quantity of abalone taken under theauthority of a licence has been made in accordance with clause 19 and the abalone hasbeen consigned to an approved fish processor but not weighed by the holder of the fishprocessor’s licence then, subject to subsection (3), a conservative estimate based on rea-sonable grounds of the weight that the abalone will have when it is weighed by the holderof the fish processor’s licence may be used in the calculation.

(3) Nothing in this clause authorises a nominated diver to take a quantity of abalone, theweight of which is to be determined in accordance with subclause (1), that is in excess ofthe sum of the unit values of the units under the relevant licence that relate to the speciesof abalone and the Area from which they were taken.”.


(a) in subclause (1) by deleting “Schedule 3” and substituting the following—“Schedule 7”; and

(b) inserting after subclause (4) the following—“(5) For the purposes of this clause, regulation 137(2) of the regulations and item 3 of Part 3 of

Schedule 1 of the regulations, a licence being renewed for a period ending on or before 31March 2000 and authorising a person to fish for—(a) Greenlip and Brownlip abalone in Areas 1 and 2 of the Fishery shall be taken to be a

licence for zone 1;(b) Greenlip and Brownlip abalone in Area 3 of the Fishery shall be taken to be a licence

for zone 2; and(c) Roe’s abalone in Areas 1, 2, 5, 6, 7 and 8 shall be taken to be a licence for zone 3.”.

Clause 23A amended28. Clause 23A of the principal Plan is amended by deleting “”10, 12, 13, 15, 16, 19, 21 or 23" andsubstituting the following—

“10(2), 10(6), 10(7), 10(8), 15, 16, 17, 17A, 18, 19, 19A, 19B, 20, 21 or 23(4)”.

Clause 23B deleted and substituted29. The principal Plan is amended by deleting clause 23B and substituting the following—

“Procedure before this plan may be amended or revoked23B. For the purposes of section 65(1) of the Act the holders of the licences are the persons to beconsulted before this plan is amended or revoked.”.

Schedules 1, 2, 3 and 4 deleted and substituted30. The principal Plan is amended by deleting Schedules 1, 2, 3 and 4 and substituting the follow-ing—

“Schedule 1—Areas of the FisheryArea 1—South Australia/Western Australia border to Point CulverArea 2—Point Culver to Shoal CapeArea 3—Shoal Cape to Busselton JettyArea 4—Busselton Jetty to Northern Territory/Western Australia borderArea 5—Shoal Cape to Cape LeeuwinArea 6—Cape Leeuwin to Cape BouvardArea 7—Cape Bouvard to Moore RiverArea 8—Moore River to Northern Territory/Western Australia border ”.

Schedule 2—Initial Area CatchesArea 19,900 kilograms Roe’s (whole weight)3,000 kilograms Greenlip (meat weight)0 kilograms Brownlip (meat weight)


Schedule 2—Initial Area Catches—continuedArea 218,000 kilograms Roe’s (whole weight)30,000 kilograms Greenlip (meat weight)7,200 kilograms Brownlip (meat weight)Area 336,000 kilograms Greenlip (meat weight)4,000 kilograms Brownlip (meat weight)Area 40 kilograms Greenlip (meat weight)0 kilograms Brownlip (meat weight)Area 520,000 kilograms Roe’s (whole weight)Area 612,000 kilograms Roe’s (whole weight)Area 736,000 kilograms Roe’s (whole weight)Area 830,000 kilograms Roe’s (whole weight)

Schedule 3—Total Numbers of UnitsArea 1 Greenlip units – N = 600Area 2 Greenlip units – N = 6,000Area 3 Greenlip units – N = 7,200Area 4 Greenlip units – N = 0Area 1 Brownlip units – N = 60Area 2 Brownlip units – N = 1,440Area 3 Brownlip units – N = 800Area 4 Brownlip units – N = 0Area 1 Roe’s units – N = 1,980Area 2 Roe’s units – N = 3,600Area 5 Roe’s units – N = 4,000Area 6 Roe’s units – N = 2,400Area 7 Roe’s units – N = 7,200Area 8 Roe’s units – N = 6,000

Schedule 4—Units Conferred by LicencesThe licences numbered 1021, 1242, 1243, 1244, 1306 1859 and renewed on or before 30 May 1999shall each confer the following units of entitlement—

100 Area 1 Greenlip units1,000 Area 2 Greenlip units10 Area 1Brownlip units240 Area 2 Brownlip units

The licences numbered 1015, 1022, 1208, 1238, 1241, 1245, 1246 and 1877 and renewed on orbefore 30 May 1999 shall each confer the following units of entitlement—

900 Area 3 Greenlip units0 Area 4 Greenlip units100 Area 3 Brownlip units0 Area 4 Brownlip units

The licences numbered 1023, 1024, 1209, 1210, 1239, 1240, 1250, 1251, 1252, 1876, 1878 1881 andrenewed before 31 May 1999 shall each confer the following units of entitlement—

100 Area 1 Roe’s units200 Area 2 Roe’s units200 Area 5 Roe’s units200 Area 6 Roe’s units600 Area 7 Roe’s units500 Area 8 Roe’s units

Licences granted pursuant to clause 7(1)(a)—(a) where the grantee of the licence held a licence to fish in the waters of Areas 1 and 2

(previously Zone 1) of the Fishery prior to 31 March 1999—130 Area 1 Roe’s units and 200Area 2 Roe’s units; and

(b) where the grantee of the licence held a licence to fish in the waters of Area 5 (previouslyZone 2) of the Fishery prior to 31 March 1999—200 Area 5 Roe’s units.

Schedule 5—Minimum Abalone LengthsArea 7—70 mm

Schedule 6—Relevant Conversion FactorsArea 1—Roe’s – 2.667Area 1—Greenlip – 0.375Area 1—Brownlip – 0.4


Schedule 6—Relevant Conversion Factors—continuedArea 2—Roe’s – 2.667Area 2—Greenlip – 0.375Area 2—Brownlip – 0.4Area 3—Greenlip – 0.375Area 3—Brownlip – 0.4Area 4—Greenlip – n/aArea 4—Brownlip – n/aArea 5—Roe’s – 2.667Area 6—Roe’s – 2.667Area 7—Roe’s – 2.667Area 8—Roe’s – 2.667

Schedule 7—Payments by InstalmentsThe first instalment is 25% of the total fee and is due for payment on or before 1 April of the yearfor which the licence is to be granted or renewed.The second instalment is 25% of the total fee and is due for payment on or before 1 June immedi-ately following the period specified in paragraph (a).The third instalment is the total fee less the instalments provided for in paragraphs (a) and (b)and is due for payment on or before 1 October immediately following the period specified in para-graph (a).”

[*Published in the Gazette of 14 August 1992. For amendments to 23March 1999, see Notice No. 605published in the Gazette of 17 September 1993, Notice No. 630 published in the Gazette of 19 November1993, Notice No. 632 published in the Gazette of 17 December 1993, Notice No. 651 published in theGazette of 20 May 1994, Notice No. 666 published in the Gazette of 22 July 1994, Notice No. 674 pub-lished in the Gazette of 6 September 1994, Notice No. 679 published in the Gazette of 7 October 1994,Notice No. 690 published in the Gazette of 20 December 1994, Notice No. 696 published in the Gazette of28 May 1995, Notice No. 712 published in the Gazette of 6 June 1995, Correction No. 712 published inthe Gazette of 28 July 1995, Notice No. 729 published in the Gazette of 22 September 1995, AbaloneManagement Plan Amendment Plan 1995 published in the Gazette of 28 November 1995, AbaloneManagement Plan Amendment 1996 published in the Gazette of 21 June 1996, Abalone ManagementPlan Amendment (No. 2) 1996 published in the Gazette of 6 September 1996, Abalone ManagementPlan Amendment (No. 3) 1996 published in the Gazette of 8 October 1996, Abalone Management PlanAmendment (No. 4) 1996 published in the Gazette of 22 October 1996, Abalone Management Plan Amend-ment 1997 published in the Gazette of 14 March 1997, Abalone Management Plan Amendment (No. 3)1997 published in the Gazette of 4 July 1997, Abalone Management Plan Amendment (No. 2) 1997published in the Gazette of 30 September 1997, Abalone Management Plan Amendment (No. 4) 1997published in the Gazette of 30 September 1997, Abalone Management Plan Amendment (No. 5) 1997published in the Gazette of 14 November 1997, Abalone Management Plan Amendment 1998 publishedin the Gazette of 20 March 1998 and Abalone Management Plan Amendment (No. 2) 1998 published inthe Gazette of 25 September 1998.

See Regulation 183 of the Fish Resources Management Regulations 1995 concerning the citation ofnotices in force under the Fisheries Act 1905 immediately before the commencement of those Regula-tions].Dated this 25th day of March 1999.

MONTY HOUSE, Minister for Fisheries.

FAIR TRADING

FT401

SUNDAY ENTERTAINMENTS ACT 1979

NOTICE

I, Doug Shave, Minister for Fair Trading, acting pursuant to Section 3 (2) of the Sunday Entertain-ments Act 1979 do hereby declare that the provisions of Section 3 (1) of the Act shall not apply to, or inrelation to, any person who uses any place between 12.00 noon and 12.00 midnight on Good Friday,2 April 1999 for the screening or viewing of any motion picture other than a motion picture classifiedunder the Censorship Act 1996 as being for Restricted Exhibition.

DOUG SHAVE, Minister for Lands; Fair Trading;Parliamentary and Electoral Affairs.


HEALTH

HE401*HOSPITALS & HEALTH SERVICES ACT 1927

CUNDERDIN DISTRICT HOSPITAL MANAGEMENTHOSPITALS AND HEALTH SERVICES

(APPOINTMENT OF MEMBERS) INSTRUMENT (No. 9) 1999Made by the Governor under section 15 of the Act.

1. CitationThis instrument may be cited as the Hospitals and Health Services (Appointment of Members) Instru-ment (No. 9) 1999.

2. Appointment of MemberMr Michael Edward Scaddan is appointed as a member of Cunderdin District Hospital Board for theperiod ending 30 September 1999, to fill the position made vacant by the resignation of Mr PeterEdward Darmody.By His Excellency’s Command,

M. C. WAUCHOPE, Clerk of the Council.


DONGARA HEALTH SERVICEHOSPITALS AND HEALTH SERVICES



2. Appointment of MemberMr Mark Raymond Luzi is appointed as a member of Dongara Health Service for the period ending30 September 1999, in order to fill the position made vacant by the resignation of Mr Geoffrey StuartBenson.By His Excellency’s Command,



GASCOYNE HEALTH SERVICEHOSPITALS AND HEALTH SERVICES



2. Appointment of MemberMr Newton Blair McNaught is appointed as a member of Gascoyne Health Service for the periodending 30 September 1999.By His Excellency’s Command,




GERALDTON HEALTH SERVICEHOSPITALS AND HEALTH SERVICES


1. CitationThis instrument may be cited as the Hospitals and Health Service (Appointment of Members) Instru-ment (No. 7) 1999.

2. Appointment of MemberMs Jacqueline Lee Ruby is appointed as a member of Geraldton Health Service for the period ending30 September 1999, to fill the position made vacant by the resignation of Mr Edwin Leech.By His Excellency’s Command,


HE405*HOSPITALS & HEALTH SERVICES ACT 1927LAVERTON AND LEONORA HEALTH SERVICE

HOSPITALS AND HEALTH SERVICES(APPOINTMENT OF MEMBERS) INSTRUMENT (No. 4) 1999

Made by the Governor under section 15 of the Act.


2. Appointment of MemberMr Steven John Deckert is appointed as a member of Laverton and Leonora Health Service for theperiod ending 30 September 1999.By His Excellency’s Command,



MURCHISON HEALTH SERVICEHOSPITALS AND HEALTH SERVICES



2. Appointment of MemberMrs Wendy Cook is appointed as a member of Murchison Health Service for the period ending30 September 1999, to fill the position made vacant by the resignation of Mrs Diana Humphries.By His Excellency’s Command,



NANNUP HEALTH SERVICEHOSPITALS AND HEALTH SERVICES




2. Appointment of MembersMr David Frank Boulter, Mr Anthony John Pocock and Mr Graham William Duncan are appointed asmembers of Nannup Health Service for the period ending 30 September 1999.By His Excellency’s Command,


HE408*HOSPITALS AND HEALTH SERVICES ACT 1927NORTHAMPTON KALBARRI HEALTH SERVICES

HOSPITALS AND HEALTH SERVICES(APPOINTMENT OF MEMBERS) INSTRUMENT (No. 3) 1999

Made by the Governor under section 15 of the Act.


2. Appointment of MemberMs Nikki Elizabeth Hosking is appointed as a member of Northampton Kalbarri Health Servicespursuant to section 15 of the Hospitals and Health Services Act 1927 for the period ending 30 Septem-ber 1999, in order to fill the vacancy created by the resignation of Mrs Iris Annear.By His Excellency’s Command,


HE409*OCCUPATIONAL THERAPISTS REGISTRATION ACT 1980

OCCUPATIONAL THERAPISTS REGISTRATION BOARD (APPOINTMENT OF MEMBERS) INSTRUMENT 1999

Made by the Governor under section 7(1) of the Act.

1. CitationThis instrument may be cited as the Occupational Therapists Registration Board (Appointment ofMembers) Instrument 1999.

2. Appointment of MembersMr Kerry Reginald Jones and Ms Sally Wojnar-Horton are appointed to the Occupational TherapistsRegistration Board pursuant to section 7(1)(d) of the Occupational Therapists Registration Act 1980for the period ending 24 November 2001.By His Excellency’s Command,

M. C. WAUCHOPE, Clerk of the Executive Council.

HE410*PHYSIOTHERAPISTS ACT 1950

PHYSIOTHERAPISTS REGISTRATION BOARD(APPOINTMENT OF MEMBERS) INSTRUMENT 1999

Appointed by the Governor under section 6(2) of the Act.

1. CitationThis Notice may be cited as the Physiotherapists Registration Board (Appointment of Members) Instru-ment 1999.

2. InterpretationIn this instrument—

“table” means the table in the Schedule to this instrument;“the Act” means the Physiotherapists Registration Act 1950 (WA);“the Board” means the Physiotherapists Registration Board constituted under section 6(2) of the

Act;


3. Appointments of MembersEach of the persons named in column 1 of the table is appointed as a member of the Board as nomineeof the body specified in column 2 of the table adjacent to the name of that person pursuant to section6(2) of the Act, for a period of three years commencing on the date of appointment.

SCHEDULETABLE

COLUMN 1 COLUMN 2Members Nominating BodyDr Rodney Maxwell MOORE Australian Medical AssociationMr Mark Charles WIKLUND Australian Physiotherapists AssociationProfessor Joan Helen COLE Curtin University of Technology

By His Excellency’s Command,M. C. WAUCHOPE, Clerk of the Executive Council.


PLANTAGENET DISTRICT HOSPITAL MANAGEMENTHOSPITALS AND HEALTH SERVICES



2. Appointment of MemberMs Suzanne Etherington is appointed as a member of Plantagenet District Hospital Board of Manage-ment for the period ending 30 September 1999, to fill the position made vacant by the resignation ofMr Norman Brett Bell.By His Excellency’s Command,


HE412*HOSPITALS AND HEALTH SERVICES ACT 1927

WESTERN HEALTH SERVICE BOARDHOSPITALS AND HEALTH SERVICES (APPOINTMENT OF MEMBERS)

INSTRUMENT (No. 2) 1999Made by the Governor under section 15 of the Act.


2. Appointment of MemberMr Ray John McLean is appointed as a member of Western Health Service pursuant to section 15 ofthe Hospitals and Health Services Act 1927 for the period ending 30 September 2000, to fill the posi-tion formerly held by Mrs Diane Lee Broad.By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.


YALGOO HEALTH SERVICESHOSPITALS AND HEALTH SERVICES




2. Appointment of MemberMrs Anthea Margaret Fellows and Mr Warren Keith Olsen are appointed as members of Yalgoo HealthServices for the period ending 30 September 1999.By His Excellency’s Command,


LOCAL GOVERNMENT

LG401LOCAL GOVERNMENT ACT 1995

Shire of LeonoraAPPLICATION FOR REVESTMENT OF LAND IN THE CROWN

Notice of intent is hereby given that Council will make application to the Minister for LocalGovernment in accordance with section 6.74 of the Local Government Act 1995 to have the followinglands revested in the Crown.

Names of Owners and all other persons Description of land referred to,appearing to have an estate of including title references

interest in the land

Bremer-Smith, Marjorie May Lot 126 Clifton St, LawlersVolume 1038 Folio 686

Williams, John Joseph Lot 8 Diorite St, KurrajongVolume 186 Folio 63

Hanna, Frederick Greer Lot 53 Diorite St, KurrajongVolume 186 Folio 62

Metske, Frederick Lot 8 Bowden St, WoodarraMetske, Charles Volume 281 Folio 141Metske, AlfredBeal, William James Lot 25 King St, Woodarra

Volume 233 Folio 188Beal, William James Lot 26 King St, Woodarra

Volume 241 Folio 97Stevenson, Malcolm Lot 29 King St, Woodarra

Volume 290 Folio 12O’Farrell, Annie Lot 37 King St, Woodarra

Volume 241 Folio 98Ashwin, Alfred Croydon Lot 38 King St, Woodarra



Volume 344 Folio 174Metske, Frederick Lot 41 King St, WoodarraMetske, Charles Volume 231 Folio 108Metske, AlfredMetske, Frederick Lot 42 King St, WoodarraMetske, Charles Volume 252 Folio 79Metske, AlfredMullon, Robert Lot 43 King St, Woodarra

Volume 379 Folio 168Gilmore, George Lot 43 King St, Woodarra

Volume 389 Folio 148Gilmore, George Lot 44 King St, Woodarra

Volume 248 Folio 56Warren, Aubrey Lot 45 King St, WoodarraWarren, Joseph Volume 554 Folio 137Metske, Jessie Lot 53 King St, Woodarra

Volume 364 Folio 114Bathgate, Alexander Bowen Lot 56 King St, Woodarra

Volume 297 Folio 150


Names of Owners and all other persons Description of land referred to,appearing to have an estate of including title references

interest in the land

Metske, Frederick Lot 57 King St, WoodarraMetske, Charles Volume 252 Folio 80Metske, AlfredBeal, William James Lot 72 King St, Woodarra

Volume 256 Folio 33Warren, Aubrey Lot 89 Shamrock St, WoodarraWarren, Joseph Volume 121 Folio 164Metske, Alfred Woodarra Town Lots 8,11,12 and 57

Volume 517 Folio 159

The abovementioned person to whom this notice of intention is addressed may, within 30 days of thenotice, lodge an objection to the revestment.

J. G. EPIS, Chief Executive Officer,Shire of Leonora, PO Box 56, Leonora WA 6438.

LG402SHIRE OF MANJIMUPAppointment of Ranger

It is hereby notified for public information that the former Ranger, Julie Karafilis, is no longer anauthorised officer for the Shire of Manjimup and that Todd William Ridley has been appointed asRanger for the Shire of Manjimup effective from 29 March, 1999 as an authorised officer for the follow-ing—

Local Government ActDog ActLitter ActBush Fires Act

and all Council By-laws.

L. A. VICARY, Acting Chief Executive Officer.

LG403DOG ACT 1976

Shire of Mt MagnetIt is hereby notified for public information that the following persons have been appointed under theprovisions of the Dog Act 1976—

Registration Officers—Antoinette May HaysRosemary Margaret BalchinDeborah Pauline BandyAngela Lee Mckenzie

Authorised Persons—Peter Robert WebsterAllan SnowWilliam BroomfieldLeon Alan DoddsWarick Regan.

All previous appointments are hereby revoked.

P. R. WEBSTER, Chief Executive Officer.


LG404TOWN PLANNING AND DEVELOPMENT ACT 1928

Shire of West ArthurADVERTISEMENT OF RESOLUTION DECIDING TO

PREPARE A TOWN PLANNING SCHEMETown Planning Scheme No. 2

Notice is hereby given that the Shire Council of the local government of West Arthur on 28 May 1998passed on the following resolution—

Resolved that the local government, in pursuance of Section 7 of the Town Planning andDevelopment Act 1928 (as amended), prepare the above Town Planning Scheme with reference toan area situate wholly within the Shire of West Arthur and enclosed within the inner edge of abroken black border on a plan now produced to the Council of the local government and markedand certified by the Chief Executive Officer under her hand dated the 28th day of May 1998 as“Scheme Area Map”.

Dated this 28th day of May 1998.N. C. WASMANN, Chief Executive Officer.

PLANNING

PD402*TOWN PLANNING AND DEVELOPMENT ACT 1928

ADVERTISEMENT OF APPROVED TOWN PLANNING SCHEME AMENDMENTCITY OF GOSNELLS

TOWN PLANNING SCHEME No. 1—AMENDMENT No. 476Ref: 853/2/25/1, Pt 476.It is hereby notified for public information, in accordance with Section 7 of the Town Planning andDevelopment Act 1928 that the Hon Minister for Planning approved the City of Gosnells TownPlanning Scheme Amendment on 22 March, 1999 for the purpose of—

1. Rezoning Lots 12 and 13 Nicholson Road, Beckenham from “Residential A” to “CommercialNon-Retail”.

2. Amending the Scheme Maps accordingly.N. J. SMITH, Mayor.

S. HOLTBY, Chief Executive Officer.


TOWN PLANNING SCHEME AMENDMENT AVAILABLE FOR INSPECTIONCITY OF MELVILLE

TOWN PLANNING SCHEME No. 3—AMENDMENT No. 144Ref: 853/2/17/10, Pt 144.Notice is hereby given that the local government of the City of Melville has prepared the abovementionedscheme amendment for the purpose of—

1. Transferring Swan Location 8792 Duncraig Road (Heathcote Hospital) from ‘Public Purpose’(H) reservation to ‘Residential’ R30 zone, ‘Heathcote Heritage Zone’ and ‘Parks and Recrea-tion’, regional reservation, and amending the Scheme (Amendment) Map accordingly.

2. Inserting within Part III—Zones a new zone under Special Zones—12. Heathcote HeritageZone.

3. Adding Clauses 4.5.28, 4.10A and 5.2.3.4. Inserting after Appendix 6, a new Appendix 7—H1—Heathcote Residential Design Guidelines

for Development.Plans and documents setting out and explaining the scheme amendment have been deposited atCouncil Offices, Almondbury Road, Ardross and at the Western Australian Planning Commission,Albert Facey House, 469 Wellington Street, Perth, and will be available for inspection during officehours up to and including 11 May, 1999.Submissions on the scheme amendment may be made in writing on Form No. 4 and lodged with theundersigned on or before 11 May, 1999.This amendment is available for inspection in order to provide an opportunity for public comment andit should not be construed that final approval will be granted.

J. J. McNALLY, Chief Executive Officer.



ADVERTISEMENT OF APPROVED TOWN PLANNING SCHEME AMENDMENTCITY OF CANNING

TOWN PLANNING SCHEME No. 40—AMENDMENT No. 78Ref: 853/2/16/44, Pt 78.It is hereby notified for public information, in accordance with Section 7 of the Town Planning andDevelopment Act 1928 that the Hon Minister for Planning approved the City of Canning TownPlanning Scheme Amendment on 22 March, 1999 for the purpose of—

1. SCHEME MAP MODIFICATION—Designating 24 Augusta Street (Lot 136) and a portion of 3 Whyalla Street (Lot 112), Willetton,to indicate the additional use in Serial No 50 of Appendix 5 to the Scheme Text.

2. SCHEME TEXT MODIFICATION—By amending Serial No 50 in Appendix 5 (Schedule of Additional or Prohibited Uses) to read asfollows—

No. Lot No. Address Uses which may be Additionalprohibited or permitted in Developmentaddition to those permitted Requirements

by the Zoning Table

Additional ProhibitedUses: Uses:

50 136 and a 24 Augusta Office and Maximum Gross Floorportion of Street and Associated Area of Offices—Lot 112 (the 3 Whyalla Carparking 800m2. Developmentsubject of Street, is to be limited toSubdivision Willetton single storey toApplication minimise the impactNo. 107185) on adjacent

residential properties.

G. DELLE DONNE, Deputy Mayor.I. F. KINNER, Chief Executive Officer.


ADVERTISEMENT OF APPROVED TOWN PLANNING SCHEME AMENDMENTCITY OF STIRLING

TOWN PLANNING SCHEME No. 36—AMENDMENT No. 2Ref: 853/2/20/38, Pt 2.It is hereby notified for public information, in accordance with Section 7 of the Town Planning andDevelopment Act 1928 that the Hon Minister for Planning approved the City of Stirling TownPlanning Scheme Amendment on 22 March, 1999 for the purpose of—

1. Amending the Scheme Text by inserting the following new Clause 2.2.5—2.2.5 SURRENDERED LAND

For the purpose of the Scheme, “Surrendered Land” means land designated on theScheme Maps which was surrendered for a public purpose prior to the gazettal of theScheme and is now required by the Scheme either for that public purpose or for adifferent public purpose.If the owner of a lot from which Surrendered Land was excised was the owner of thatLot at the time the Surrendered Land was excised, then that owner is entitled tocompensation as if the Surrendered Land was resumed from that owner by the Schemefor the public purpose for which the Surrendered Land is required by the Scheme.Compensation payable under this clause is a Scheme Cost.

2. Substituting the existing “Scheme Map: Part 1: Land Requirements” with the following “SchemeMap: Part 1: Land Requirements”.

D. C. VALLELONGA, Mayor.M. J. WADSWORTH, Chief Executive Officer.


PD405TOWN PLANNING AND DEVELOPMENT ACT 1928

ADVERTISEMENT OF APPROVED TOWN PLANNING SCHEME AMENDMENTSHIRE OF MUNDARING

TOWN PLANNING SCHEME No. 3—AMENDMENT No. 23Ref: 853/2/27/3, Pt 23.It is hereby notified for public information, in accordance with Section 7 of the Town Planning andDevelopment Act 1928 that the Hon Minister for Planning approved the Shire of Mundaring TownPlanning Scheme Amendment on 22 March, 1999 for the purpose of deleting Clause 8.7 and replacingit with a new Clause 8.7 as follows—

“87 DELEGATION(1) The Council may either generally, or in a particular case, or in a particular class of cases,

by resolution passed by an absolute majority of the Council, delegate to—(a) a Committee of Council members formed in accordance with the provisions of the

Local Government Act;(b) the Chief Executive Officerany power conferred or duty imposed on the Council under this Scheme.

(2) Subject to subclause (3), the CEO may delegate the exercise of any power of the dischargeof any duty delegated to him under this clause—(a) to the Principal Planner of the Shire(b) to any Planning Officer of the Shire

(3) The CEO may delegate—(a) the power to vary standards or requirements under the R Codes and this Scheme in

relation to developments which do not require Planning Approval under this Schemeor the Metropolitan Region Scheme, to any Building Surveyor of the Shire, and

(b) the power to vary standards or requirements under this Scheme in relation to on-siteeffluent disposal requirements to developments which do not require PlanningApproval, under this Scheme or the Metropolitan Region Scheme, to any Environ-mental Health Officer of the Shire.

(4) The CEO may not delegate the power of delegation under (2) or (3) above.(5) Without limiting the application of Sections 58 and 59 of the Interpretation Act 1984—

(a) a delegation made under this clause has effect for the period of time specified in thedelegation or where no period has been specified, indefinitely; and

(b) any decision to amend or revoke a delegation by a local government under this clauseis to be by an absolute majority.

(6) Nothing in this clause is to be read as preventing—(a) the Council from performing any of its functions by acting through a person other

than the CEO, or(b) the CEO from performing any of his or her functions by acting through another

person.(7) Any delegation under this clause may be made subject to conditions and any delegation by

the CEO shall be subject to any conditions imposed on the delegation by the Council to theCEO. The term “conditions” in this clause includes qualifications limitations orexceptions.

(8) A delegation of authority pursuant to the provisions of this clause has effect and may beexercised according to its tenor, but is revocable at the will of the Council and does notpreclude the Council from exercising the power.

(9) The provisions of s.5.46 of the Local Government Act 1995 shall apply mutatis mutandisto any delegation under this clause.

(10) A committee, or officer exercising the power delegated pursuant to the provisions of thisclause shall comply with the provisions of the Scheme governing the exercise of the powerby the Council, insofar as such provisions are reasonably applicable.”

J. ELLERY, President.M. N. WILLIAMS, Chief Executive Officer.


Office of the Minister for Planning,Perth.

It is hereby notified for general information that the Governor in Executive Council has, in accordancewith section 42 of the Town Planning and Development Act 1928 approved the appointment of—

Donald Brown of 41 Hampden Street, South Perth as Deputy Memberof the Town Planning Appeal Tribunal for a term commencing on 1 April 1999 and expiring on31 December 1999.

GRAHAM KIERATH, Minister for Planning.


PD501*METROPOLITAN REGION TOWN PLANNING SCHEME ACT 1959

METROPOLITAN REGION SCHEME (SECTION 33) AMENDMENT No. 1004/33HEATHCOTE

CALL FOR PUBLIC SUBMISSIONSThe Western Australian Planning Commission intends to amend the Metropolitan Region Scheme forland in the City of Melville and is seeking public comment.The purpose of this amendment is to transfer Loc 8792 Duncraig Road, Applecross from the PublicPurposes (H) reservation to the Urban zone and the Parks and Recreation reservation, as detailed inthe Commission’s Amendment Report.The procedure for amending the Scheme, as set out in section 33 of the Metropolitan Region TownPlanning Scheme Act, is to be used to advertise this proposal. Public submissions are invited and theamendment will eventually be put to Parliament for final approval. In accordance with the procedurein section 33, the Hon Minister for Planning has approved the amendment for public display and forthe calling of submissions.Copies of the amending plan and detail plan showing the proposed changes to the zones and reserva-tions of the Scheme, and the Commission’s Amendment Report, are available for public inspection fromMonday 29 March 1999 to Friday, 2 July 1999 at each of the following places—

• Ministry for Planning Council Offices of the municipalities of—1st Floor Albert Facey House469 Wellington Street • City of FremantlePERTH • City of Melville

• City of Perth• J S Battye Library • City of South Perth

Alexander Library BuildingFrancis StreetNORTHBRIDGE

Any person who desires to make a submission either supporting or objecting to any provisions of theproposed amendment should do so on the Form 6A. This submission form is available on request fromthe display locations, and is also contained in the explanatory Amendment Report.Submissions must be lodged with the—

SecretaryWestern Australian Planning Commission469 Wellington StreetPERTH WA 6000

on or before 5.00pm Friday 2 July 1999. Late submissions will not be considered.

PETER MELBIN, Secretary,Western Australian Planning Commission.

POLICE

PE401ROAD TRAFFIC ACT 1974

I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Bicycle Time Trial by members/entrants of the Australian Time TrialsAssn on 2 April, 1999 between the hours of 0800 and 0930 do hereby approve the temporary suspen-sion of the Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Bibra Dve, Hope Rd, Progress Dve,Bibra Dve, Bibra Lake.All participants to wear approved head protection at all times.Dated at Perth this 4th day of March 1999.

P. J. OTWAY, A/Commander (Traffic and Operation Support).

ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Bicycle Time Trial by members/entrants of the Australian Time TrialsAssn on 4 April, 1999 between the hours of 0800 and 1100 do hereby approve the temporary suspen-sion of the Regulations made under such Act on the carriageway/s mentioned hereunder.


Racing to be confined to the left hand side of the carriageway on—Great Northern Hwy, Bullsbrook,Brand Hwy, Railway Rd, Neaves Rd.All participants to wear approved head protection at all times.Dated at Perth this 4th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Bicyle Time Trial by members/entrants of the Australian Time TrialsAssn on 11 April, 1999 between the hours of 0800 and 1130 do hereby approve the temporary suspen-sion of the Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Reserve Rd, Gidgegannup, Berry Rd,Clenton Rd, O’Brien Rd, Toodyay Rd.All participants to wear approved head protection at all times.Dated at Perth this 4th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Bicycle Time Trial by members/entrants of the Australian Time TrialsAssn on 18 April, 1999 between the hours of 0800 and 1300 do hereby approve the temporary suspen-sion of the Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Hopelands Rd, Karnup Rd, EnnisAve, Gordon Rd, Lakes Rd, Hopelands Rd, Serepentine.All participants to wear approved head protection at all times.Dated at Perth this 23rd day of March 1999.


PE402

ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Car Rally by members/entrants of the Light Car Club on 4 April, 1999between the hours of 0600 and 2330 do hereby approve the temporary suspension of the Regulationsmade under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Bunnings Tree Farm Plantation, North of Boddington, and roads named andunnamed within the George, Taree, Hakea, Bombala, Pindalup, Inglehope forest blocks.All participants to wear approved head protection at all times.Dated at Perth this 15th day of March 1999.


PE403

ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Criterium by members/entrants of the Spokes Cycle Club on 18 April,1999 between the hours of 1600 and 1800 do hereby approve the temporary suspension of the Regula-tions made under such Act on the carriageway/s mentioned hereunder.


Racing to be confined to the left hand side of the carriageway on—Marine Tce, Cathedral Ave, Fore-shore Dve, Fitzgerald St, Geraldton.All participants to wear approved head protection at all times.Dated at Perth this 23rd day of March 1999.


PE404

ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Bike Race by members/entrants of the Ballidu Parents and Citizens on26 March, 1999 between the hours of 1530 and 1830 do hereby approve the temporary suspension ofthe Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Wongan Hills to Ballidu on WonganRd.All participants to wear approved head protection at all times.Dated at Perth this 23rd day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Cycle Race by members/entrants of the West Australian CyclingFederation on 28 March, 1999 between the hours of 0800 and 1300 do hereby approve the temporarysuspension of the Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Goodchild Oval, Wilkins St, HenkenSt, Clayton St, Military Rd, Helena Valley Rd, Scott St, Katherine St, Wilkins St, Midland.All participants to wear approved head protection at all times.Dated at Perth this 18th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Cycle Race by members/entrants of the Spokes Cycle Club on 28 March,1999 between the hours of 0900 and 1230 do hereby approve the temporary suspension of the Regula-tions made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Grey St, Rushton, Red Bluff Rd,Porter, Nanda, Smith, Wood Streets, Kalbarri.All participants to wear approved head protection at all times.Dated at Perth this 18th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Cycle Race by members/entrants of the Spokes Cycle Club on 4 and 11April, 1999 between the hours of 0900 and 1100 do hereby approve the temporary suspension of theRegulations made under such Act on the carriageway/s mentioned hereunder.


Racing to be confined to the left hand side of the carriageway on—Geraldton/Walkaway Rd,Moonyoonooka/Narngulu Rd, Geraldton/Mullewa Rd, Geraldton.All participants to wear approved head protection at all times.Dated at Perth this 23rd day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Cycle Race by members/entrants of the Melville Fremantle CyclingClub on 4, 11 and 18 April, 1999 between the hours of 0830 and 1100 do hereby approve the temporarysuspension of the Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Canvale Rd, Wittenberg Dve,Canning Vale.All participants to wear approved head protection at all times.Dated at Perth this 18th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of Cycle Races by members/entrants of the Masters Cycling Council on 4April and 7 November, 1999 between the hours of 0900 and 1200 do hereby approve the temporarysuspension of the Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Lakelands Dve, Sydney Rd, BadgerupRd, Gnangara.All participants to wear approved head protection at all times.Dated at Perth this 23rd day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of Cycle Races by members/entrants of the West Coast Veterans BicycleClub on 11 April, 1999 between the hours of 0800 and 1300 do hereby approve the temporary suspen-sion of the Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Lefroy Rd, Argyle St, Oakover Rd,Campersic Rd, Padbury, Lefroy Rd, Herne Hill.All participants to wear approved head protection at all times.Dated at Perth this 18th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Road Cycle Race by members/entrants of the Masters Cycling Councilon 18 April, 2 and 30 May and 8 August, 1999 between the hours of 0900 and 1200 do hereby approvethe temporary suspension of the Regulations made under such Act on the carriageway/s mentionedhereunder.Racing to be confined to the left hand side of the carriageway on—Cutler Rd, Solomon Rd, JandakotRd, Prinsep Rd, Jandakot.All participants to wear approved head protection at all times.Dated at Perth this 23rd day of March 1999.



ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Cycle Race by members/entrants of the West Coast Veterans BicyleClub on 24 April, 1999 between the hours of 1400 and 1600 do hereby approve the temporary suspen-sion of the Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Lefroy Rd, Argyle St, Oakover,Campersic, Padbury, Lefroy, Argyle, Herne Hill.All participants to wear approved head protection at all times.Dated at Perth this 18th day of March 1999.


PE405

ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Footrace by members/entrants of the W.A. Marathon Club on 11 April,1999 between the hours of 0800 and 1000 do hereby approve the temporary suspension of the Regula-tions made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Witcomb Place, Coode St, MillpointRd dual use path, Esplanade, Narrows Bridge dual use path, Riverside Dve dual use path, Causeway,Witcomb Place.Dated at Perth this 23rd day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Footrace by members/entrants of the Mid West Games on 17 April,1999 between the hours of 1700 and 1815 do hereby approve the temporary suspension of the Regula-tions made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Cathedral Ave, Geraldton.Dated at Perth this 23rd day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Footrace by members/entrants of the W.A. Marathon Club on 18 April,1999 between the hours of 0800 and 0930 do hereby approve the temporary suspension of the Regula-tions made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Scenic Drive, Joondalup.Dated at Perth this 23rd day of March 1999.


PE406

ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained and


nominated for the purpose of a Fun Run by members/entrants of the Northam Fire Brigade FundraisingLadies on 17 April, 1999 between the hours of 1500 and 1800 do hereby approve the temporary suspen-sion of the Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Wellington St, Spencers Brook Rd,Northam.Dated at Perth this 23rd day of March 1999.


PE407

ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Motorcycle Hillclimb by members/entrants of the Vintage Motor CycleClub on 11 April, 1999 between the hours of 0800 and 1630 do hereby approve the temporary suspen-sion of the Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Mt. Ommanney Dve, Northam.Dated at Perth this 15th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Hillclimb by members/entrants of the South West Touring Car Club on18 April, 1999 between the hours of 0800 and 1730 do hereby approve the temporary suspension of theRegulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Falcon Rd, Wellington Weir Rd, Collie.All paticipants to wear approved head protection at all times.Dated at Perth this 23rd day of March 1999.


PE408

ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Regularity Run by members/entrants of the Town of Northam on 28March, 1999 between the hours of 0900 and 1800 do hereby approve the temporary suspension of theRegulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Minson Ave, Beavis Place, Fitzgerald St, Gordon St, Wellington St, Grey St,Northam.All participants to wear approved head protection at all times.Dated at Perth this 18th day of March 1999.


PE409

ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained and


nominated for the purpose of a Time Trial by members/entrants of the Stadium Triathlon Club on 2April, 1999 between the hours of 0830 and 0930 do hereby approve the temporary suspension of theRegulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Perry Lakes Dve, Oceanic Dve, WestCoast Hwy, Rochdale Rd, Stephenson Ave, Perry Lakes.All participants to wear approved head protection at all times.Dated at Perth this 4th day of March 1999.


PE410

ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Triathlon by members/entrants of the Katanning Tri Sport Assn on 27March, 1999 between the hours of 1400 and 1700 do hereby approve the temporary suspension of theRegulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Park St, Katanning.Dated at Perth this 4th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Triathlon by members/entrants of the Geraldton Triathlon Club on 27March, 1999 between the hours of 1500 and 1630 do hereby approve the temporary suspension of theRegulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Grey St, Red Bluff Rd then return to Tourist Bureau, Kalbarri.Dated at Perth this 18th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Triathlon by members/entrants of Sports Performance on 28 March,1999 between the hours of 0650 and 0815 do hereby approve the temporary suspension of the Regula-tions made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Swanbourne Beach Carpark, Marine Pde, Odern Cres, Clement St, KirkwoodRd, Wood St, Jameson St, Seyer St, Seaward Ave then return same way to start.Dated at Perth this 15th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Triathlon by members/entrants of the S.W. Schools Sports Assn on 30March, 1999 between the hours of 0900 and 1330 do hereby approve the temporary suspension of theRegulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Wellington Weir Rd, Collie.Dated at Perth this 15th day of March 1999.



ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a School Triathlon by members/entrants of the Australind Senior HighSchool on 1 April, 1999 between the hours of 0830 and 0930 do hereby approve the temporary suspen-sion of the Regulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—Rotary Dve, Washington Ave, ParadeRd, Centanary Rd, Bunbury.Dated at Perth this 4th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Triathlon by members/entrants of Triathlon W.A. on 5 April, 1999between the hours of 0700 and 1030 do hereby approve the temporary suspension of the Regulationsmade under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Hackett Dve, The Avenue, Birdwood Pde, Jutland Pde, Dalkeith.Dated at Perth this 15th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Triathlon by members/entrants of the Albany Triathlon Club on 11 and18 April, 1999 between the hours of 0900 and 1100 do hereby approve the temporary suspension of theRegulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Barker Rd, Graham St, Sanford Rd, North Rd, Albany Hwy, Barker Rd,Albany Leisure Centre, Albany.Dated at Perth this 15th day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Triathlon by members/entrants of the Nickol Bay Triathlon Club on 18April, 1999 between the hours of 0800 and 1000 do hereby approve the temporary suspension of theRegulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to—Millstream Rd, Maitland St, Mystery Rd, Searipple Rd, Warambie Rd,Balmoral Rd, Karratha.Dated at Perth this 23rd day of March 1999.


ROAD TRAFFIC ACT 1974I, Peter John Otway, A/Commander (Traffic and Operation Support) being the delegated officer of theMinister for Transport under Section 83(6) of the Road Traffic Act 1974, pursuant to the powers con-ferred by section 83(1) of that Act and the consent of the Local Authorities having been obtained andnominated for the purpose of a Triathlon by members/entrants of the Special Air Service Rgt on 22April, 1999 between the hours of 0830 and 1030 do hereby approve the temporary suspension of theRegulations made under such Act on the carriageway/s mentioned hereunder.Racing to be confined to the left hand side of the carriageway on—West Coast Hwy, Challenger Pde toDog Beach Carpark and return to start at Barracks. (Use daul use paths if applicable)Dated at Perth this 23rd day of March 1999.



SALARIES & ALLOWANCES TRIBUNAL

SA401SALARIES AND ALLOWANCES ACT 1975

VARIATION OF THE DETERMINATIONDATED 3 JUNE 1998

Determination—Fourth ScheduleSalary PackagingDelete

Below Group 1 $11,300 (Contract item 1006)Group 1 Min to Group 2 Min $13,000 (Contract item 1007)Group 2 Max to Group 4 Max $14,500 (Contract item 1008)

InsertBelow Group 1 $14,500Group 1 Min to Group 2 Min $17,000Group 2 Max to Group 4 Max $19,500

The amended figures to apply from the time of the first payment on the replacement motor vehicle,and does not affect existing vehicles provided to persons covered by this determination.Where a person has chosen not to be provided with a vehicle and is in receipt of the determined valuein lieu thereof, the new rates as determined above, shall have effect from 1 July 1999.Dated at Perth this 16th day of March 1999.

D. G. BLIGHT, Chairman.R. H. C. TURNER, AM, Member.

J. A. S. MEWS, Member, Salaries and Allowances Tribunal.

SA402SALARIES AND ALLOWANCES ACT 1975

VARIATION OF THE DETERMINATIONDATED 3 JUNE 1998

Determination—Second Schedule—Part 1Delete item (v) in Note—Specific determinations relating to the Rottnest Island Authority.Insert new item (v)—Zoological Gardens Board—Allowance to Group 1 Maximum whilst position ofCEO is occupied by Mr Brian Easton, commencing 6 April 1999.Dated at Perth this 16th day of March 1999.

D. G. BLIGHT, Chairman.R. H. C. TURNER, AM, Member.

J. A. S. MEWS, Member, Salaries and Allowances Tribunal.

WATER

WA401*RIGHTS IN WATER AND IRRIGATION ACT 1914

NOTICE UNDER SECTION 13 OF THE ACT[Regulation 14(1)]

The Water & Rivers Commission has received the application listed below to take and use surfacewater.Any owner or occupier of land within 4.8 kilometres of the applicants land and contiguous to thewatercourse may object to that application.Objections should be sent to reach me at the—Water & Rivers Commission, PO Box 261, BunburyWA 6230 prior to 14th April 1999 by certified mail.Any queries regarding this application should be referred to Mr Craig Jaques on telephone08 9721 0666, Water Resources Officer, South West Region, Water and Rivers Commission.

W. F. TINGEY, Regional Manager,South West Region.


Schedule1) Applicant: MJ & SM Ducey

Property Nelson Location 9215 Donnelly Rd, DixvaleWater Course: Tributary of the Manjimup Brook.

PUBLIC NOTICES

ZZ201TRUSTEES ACT 1962

The estate of Phyllis Mabel Maslen, late of 143 Trailwood Drive, Woodvale.Creditors and other persons having claims in respect of the estate of the deceased who died on 28 July1998, are required by the executor 100F Trustee Group, to send particulars of their claims to it care ofL.H. Barrett, Solicitor, P.O. Box 2042, Marmion 6020 by the 30th April 1999, after which date theexecutor intends to convey or distribute the assets having regard only to the claims of which he thenhas notice.

L.H. BARRETT as Solicitor for the Executor.

ZZ202TRUSTEES ACT 1962

May Pauline Whelan, late of Melville Lodge Nursing Home, Betty Street, Nedlands in the State ofWestern Australia, Widow deceased.Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) inrespect of the estate of the deceased who died on 16 May 1998, are required by the personal representa-tives James Ian Bennett to send particulars of their claims to him care of Talbot & Olivier Barristers &Solicitors, Level 10, 55 St George’s Terrace, Perth by 28 April 1999 after which date the personal repre-sentative may convey or distribute the assets having regard only to the claims of which he then hasnotice.

TALBOT & OLIVIER as Solicitors for the personal representative.

WESTERN AUSTRALIA

YOUNG OFFENDERS ACT 1994

*Price: $15.50 Counter SalesPlus Postage on 300 grams

YOUNG OFFENDERS REGULATIONS 1995*Price $3.90 Counter SalesPlus Postage on 65 grams

*Prices subject to change on addition of amendments.

!199900050GG!

Documents

PERTH, TUESDAY, 30 MARCH 1999 No. 50 - slp.wa.gov.au · (a) fish by any means when using any diving gear dependent upon the use of compressed air; or (b) fish for a commercial purpose