!2013017gg!...454 government gazette, wa 1 february 2013 24. regulation 64 amended (1) delete...

!2013017GG!

445

PERTH, FRIDAY, 1 FEBRUARY 2013 No. 17 PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.00 NOON

© STATE OF WESTERN AUSTRALIA

WESTERN AUSTRALIAN GOVERNMENT

ISSN 1448-949X PRINT POST APPROVED PP665002/00041

CONTENTS

PART 1

Page

Mining Act 1978— Mining Amendment Regulations 2013 .............................................................................. 450 Mining (Reversion Licence Application Scheme) Amendment Order 2013 ..................... 449 Prisons Act 1981—Prisons (Hakea Prison) Order (No. 2) 2013 .............................................. 447 Proclamations—Mining Amendment Act 2012—No. 51 of 2012 ............................................. 447 Young Offenders Act 1994—Young Offenders (Detention Centre) Order (No. 2) 2013 .......... 448

———

PART 2

Deceased Estates ....................................................................................................................... 461 Fire and Emergency Services .................................................................................................... 456 Lands .......................................................................................................................................... 457 Minerals and Petroleum ............................................................................................................ 457 Planning ..................................................................................................................................... 459 Public Notices ............................................................................................................................. 462 Salaries and Allowances Tribunal ............................................................................................ 459

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1 February 2013 GOVERNMENT GAZETTE, WA 447

— PART 1 —

PROCLAMATIONS

AA101*

MINING AMENDMENT ACT 2012

No. 51 of 2012

PROCLAMATION

Western Australia

By His Excellency Malcolm James McCusker,

Companion of the Order of Australia, Commander of the Royal Victorian Order,

Queen’s Counsel, Governor of the State of Western Australia

M. J. McCUSKER Governor

[L.S.]

I, the Governor, acting under the Mining Amendment Act 2012 section 2(b) and with the advice and consent of the Executive Council, fix 2 February 2013 as the day on which the provisions of that Act, other than sections 1 and 2, come into operation.

Given under my hand and the Public Seal of the State 22 January 2013.

By Command of the Governor,

NORMAN MOORE, Minister for Mines and Petroleum. Note: Under the Mining Amendment Regulations 2013 regulation 2(b), the

provisions of those regulations, other than regulations 1 and 2, come into operation on the day on which the Mining Amendment Act 2013 section 3 comes into operation.

CORRECTIVE SERVICES

CS301*

Prisons Act 1981

Prisons (Hakea Prison) Order (No. 2) 2013

Made by the Minister under the Prisons Act 1981 section 5.

1. Citation

This order is the Prisons (Hakea Prison) Order (No. 2) 2013.

2. Commencement

This order comes into operation as follows —

(a) clauses 1 and 2 — on the day on which this order is

published in the Gazette;

(b) the rest of the order — on 4 February 2013.

448 GOVERNMENT GAZETTE, WA 1 February 2013

3. Prison declared

The buildings and enclosures on Reserve 50756, being Lot 501

on Deposited Plan 69593 (held by the Western Australian Land

Information Authority established by the Land Information

Authority Act 2006), other than those parts of them known as

Units 5, 11 and 12, are declared to be a prison, called the Hakea

Prison, within the meaning and for the purposes of the Act.

4. Order revoked

The Prisons (Hakea Prison) Order 2013 is revoked.

MURRAY COWPER, Minister for Corrective Services.

———————————

CS302*

Young Offenders Act 1994

Young Offenders (Detention Centre) Order

(No. 2) 2013

Made by the Minister under the Young Offenders Act 1994 section 13.

1. Citation

This order is the Young Offenders (Detention Centre) Order

(No. 2) 2013.

2. Commencement


(a) if it is published in the Gazette before or on the day on

which the Prisons (Hakea Prison) Order (No. 2) 2013

clause 3 comes into operation — immediately after that

clause comes into operation;

(b) if it is published in the Gazette on a day after the day on

which the Prisons (Hakea Prison) Order (No. 2) 2013

clause 3 comes into operation — on the day on which it

is published in the Gazette.

3. Detention centre declared

Those parts of the buildings and enclosures on Reserve 50756,

being Lot 501 on Deposited Plan 69593 (held by the Western

Australian Land Information Authority established by the Land

Information Authority Act 2006) known as Units 5, 11 and 12 of

the Hakea Prison, but not being parts of a prison under the

Prisons Act 1981, are declared to be a detention centre.


4. Previous order revoked

The Young Offenders (Detention Centre) Order 2013 is

revoked.

MURRAY COWPER, Minister for Corrective Services.

MINERALS AND PETROLEUM

MP301*

Mining Act 1978

Mining (Reversion Licence Application Scheme)

Amendment Order 2013

Made by the Governor in Executive Council.

1. Citation

This order is the Mining (Reversion Licence Application

Scheme) Amendment Order 2013.

2. Commencement


(a) clauses 1 and 2 — on the day on which this order is

published in the Gazette;

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

3. Order amended

This order amends the Mining (Reversion Licence Application

Scheme) Order 2006.

4. Clause 2 amended

In clause 2(2) delete “7 years” and insert:

10 years


R. KENNEDY, Clerk of the Executive Council.


MP302*

Mining Act 1978

Mining Amendment Regulations 2013

Made by the Governor in Executive Council.

1. Citation

These regulations are the Mining Amendment Regulations 2013.

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations — on the day on which the

Mining Amendment Act 2012 section 3 comes into

operation.

3. Regulations amended

These regulations amend the Mining Regulations 1981.

4. Regulation 4 amended

Delete regulation 4(a) and insert:

(a) under section 40D(1)(c); or

5. Part IIA heading amended

In the heading to Part IIA delete “section 20A” and insert:

section 40E

6. Regulation 4A amended

In regulation 4A in the definition of permit delete

“section 20A;” and insert:

section 40E;


7. Regulation 4B amended

In regulation 4B delete “section 20A(1)” and insert:

section 40E(1)

Note: The heading to amended regulation 4B is to read:

Prescribed office (Act s. 40E(1))

8. Regulation 4C amended

In regulation 4C delete “section 20A(6)(b)” and insert:

section 40E(6)(b)

Note: The heading to amended regulation 4C is to read:

Prescribed depth (Act s. 40E(6)(b))

9. Regulation 4L amended

In regulation 4L(1)(a) delete “section 20A(5)” and insert:

section 40E(5)


(1) In regulation 7(1) delete “application or within any extension of

that period under subregulation (3).” and insert:

application.

(2) In regulation 7(2) delete “subregulation (3),” and insert:

section 162B of the Act,

(3) Delete regulation 7(3).


(1) Delete regulation 16(1)(a) and (b) and insert:

(a) within 60 days after each anniversary date of

the commencement of the term of the licence;

and

(b) within 60 days after the surrender, forfeiture,

expiry or other cancellation of the licence.

(2) Delete regulation 16(1a).


12. Regulation 16B amended

In regulation 16B(1)(c)(i) delete “licence; and” and insert:

licence (if issued); and





and




14. Regulations 22A and 22B deleted

Delete regulations 22A and 22B.


In regulation 23A(1)(c)(i) delete “licence; and” and insert:


16. Regulation 23E amended

(1) Delete regulation 23E(1)(a) and (b) and insert:



and



(2) Delete regulation 23E(1a).

17. Regulation 23F amended

In regulation 23F(1)(b)(iii) delete “licence; and” and insert:






the commencement of the term of the lease; and


expiry or other cancellation of the lease.




(2) In regulation 37(3) delete “or within any extension of that

period under subregulation (4),”.


Note: The heading to amended regulation 37 is to read:

Application


In regulation 42A(1)(b)(i) delete “licence; and” and insert:



Delete regulation 51(d) and insert:

(d) made within 30 days of the forfeiture of the

mining tenement.


(1) In regulation 54(3) delete “application or within any extension

of that period under subregulation (4).” and insert:

application.



Delete regulation 59(4).



(1) Delete regulation 64(1) and insert:

(1) Application for a mining tenement shall be in the form

of Form 21 and lodged within 10 days of marking out.



(1) Delete regulation 64A(1)(b) and insert:

(b) served by the applicant within 14 days of the

lodging of the application to which the notice

relates.

(2) In regulation 64A(2) delete “or within any extension of that

period under subregulation (3),”.

(3) Delete regulation 64A(3).


In regulation 70A(1)(b)(ii) delete “licence;” and insert:

licence (if issued);


In regulation 101 delete “section 20(2)(e)” and insert:

section 40D(1)(f)

Note: The heading to amended regulation 101 is to read:

Manner of camping (Act s. 40D(1)(f))

28. Regulation 104 deleted

Delete regulation 104.


Delete regulation 120A(3b).


30. Schedule 1 Form 1 amended

In Schedule 1 Form 1:

(a) delete “(Sec. 20 Reg. 3)” and insert:

(Sec. 40C Reg. 3)

(b) in the Note delete “section 20” and insert:

section 40C

31. Schedule 1 Form 1A amended

In Schedule 1 Form 1A —

(a) delete “(Sec. 20A Reg. 4D)” and insert:

(Sec. 40E Reg. 4D)

(b) delete “SECTION 20A” and insert:

SECTION 40E

Note: The heading to amended Form 1A is to read:

Application for permit under section 40E

32. Schedule 2 amended

(1) In Schedule 2 item 9(e) delete “section 20A” and insert:

section 40E

(2) In Schedule 2 after item 15(a) insert:

(ba) instrument of licence s. 116 33.90


R. KENNEDY, Clerk of the Executive Council.

———————————


— PART 2 —

FIRE AND EMERGENCY SERVICES

FE401*

BUSH FIRES ACT 1954

TOTAL FIRE BAN REVOCATION

Correspondence No. 12080

Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the Department of Fire and Emergency Services, revoked the total fire ban issued for 23rd January, 2013 from 1800 hours to 2359 hours, for the local government districts of—

Esperance

GARY KENNEDY, Assistant Commissioner of the Department of Fire and Emergency Services,

as a sub-delegate of the Minister under section 16 of the Fire and Emergency Services Act 1998.

———————————

FE402*

BUSH FIRES ACT 1954

TOTAL FIRE BAN DECLARATION


Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a total fire ban for 25th January 2013 from 0001 hours to 2359 hours, for the local government districts of—

Coorow, Morawa, Perenjori

DARREN KLEMM, Assistant Commissioner of the Department of Fire and Emergency Services,


———————————

FE403*

BUSH FIRES ACT 1954

TOTAL FIRE BAN DECLARATION


Pursuant to powers delegated under the Bush Fires Act 1954, the Assistant Commissioner of the Department of Fire and Emergency Services, declared under Section 22A of the Bush Fires Act 1954, a total fire ban for 29th January 2013 from 1200 hours to 2359 hours, for the local government districts of—

Carnamah, Coorow, Dandaragan, Irwin, Carnarvon, Shark Bay

DARREN KLEMM, Assistant Commissioner of the Department of Fire and Emergency Services,



LANDS

LA401* LICENSED SURVEYORS ACT 1909

LAND SURVEYORS LICENSING BOARD

Appointments

The Governor in Executive Council, under Section 4 of the Licensed Surveyors Act 1909, has appointed Colin Neil Shipp as Chairperson and Dione Susan Bilick, Jennifer Rosemary Bryant, Alistair Cameron Millar and Anthony John Snow as members of the Land Surveyors Licensing Board for a term of office expiring on 31 December 2013.

It is hereby notified for general information that the following persons have been registered as Licensed Surveyors under the provisions of the abovementioned Act—

On March 29th 2012 No. 1059 Gillmore, Bevan Mark No. 1060 Berg, Clayton David No. 1061 Dobson, Mark Andrew

On April 12th 2012 No. 1062 Colston, Donald James

On May 24th 2012 No. 1063 Peterson, Marc Albert

On July 19th 2012 No. 1064 Mahoney, Joseph John

On August 16th 2012 No. 1065 Filmer, Michael Shaun

On September 27th 2012 No. 1066 Feitz, George Thomas

On November 9th 2012 No. 1067 Gallen, Geoffrey Francis

In accordance with Section 12 of the Licensed Surveyors Act 1909, the register of licensed surveyors can be inspected at the Board’s website—www.lslb.wa.gov.au

GRAEME HOLLOWAY, Secretary, Land Surveyors Licensing Board.

MINERALS AND PETROLEUM

MP401* MINING ACT 1978

RESTORATION OF MINING LEASE

Department of Mines and Petroleum, Perth WA 6000.

In accordance with section 97A of the Mining Act 1978, I hereby cancel the forfeiture of the undermentioned mining lease previously forfeited for non lodgement of an Unconditional Performance Bond and restore the mining lease to the former holder.

NORMAN MOORE MLC, Minister for Mines and Petroleum.

———— Number Holder Mineral Field

Mining Lease

77/551 Broken Hill Metals Pty Ltd Yilgarn

———————————

MP402*

MINING ACT 1978

APPLICATION FOR AN ORDER FOR FORFEITURE

Department of Mines and Petroleum, Coolgardie WA 6429.

In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable to forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for breach of covenant, being failure to comply with the prescribed expenditure conditions and/or non-compliance with the reporting provisions.

Warden.

http://www.lslb.wa.gov.au/


To be heard by the Warden at Coolgardie on 19 March 2013.

COOLGARDIE MINERAL FIELD

Prospecting Licences

P 15/4445 Mount Finnerty Pty Ltd

P 15/5402 Hood, Clinton Dean



———————————

MP403*

MINING ACT 1978




Warden.

————




P 15/5120 Stehn, Anthony Paterson

———————————

MP404*

MINING ACT 1978




Warden.

————




P 15/5449 Scorpion Mining Pty Ltd

P 16/2479 Paddington Gold Pty Limited



———————————

MP405*

MINING ACT 1978

FORFEITURE

Department of Mines and Petroleum, Perth WA 6000.

I hereby declare in accordance with the provisions of section 96A of the Mining Act 1978 that the undermentioned exploration licences are forfeited for the non-lodgement of the annual Operations Report (Form 5).

NORMAN MOORE MLC, Minister for Mines and Petroleum.


Number Holder Mineral Field

Exploration Licence

36/723 Mongolian Resource Corporation Ltd East Murchison

38/2260 Mongolian Resource Corporation Ltd Mt Margaret





PLANNING

PL401*

PLANNING AND DEVELOPMENT ACT 2005

APPROVED LOCAL PLANNING SCHEME AMENDMENT

City of Canning

Town Planning Scheme No. 40—Amendment No. 179

Ref: TPS/0740

It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Canning local planning scheme amendment on 8 January 2013 for the purpose of reclassifying 29 Clarke Street (Lot 111), East Cannington from Local Authority Reserve for ‘Public Purpose’ to ‘Residential R17.5/R30’.

L. REYNOLDS, Commissioner. A. SHARPE, Acting Chief Executive Officer.

———————————

PL402*

PLANNING AND DEVELOPMENT ACT 2005

APPROVED LOCAL PLANNING SCHEME AMENDMENT

City of Canning

Town Planning Scheme No. 40—Amendment No. 190

Ref: TPS/0823

It is hereby notified for public information, in accordance with section 87 of the Planning and Development Act 2005 that the Minister for Planning approved the City of Canning local planning scheme amendment on 15 January 2013 for the purpose of recoding 558 Metcalfe Road (Lot 201), Ferndale from ‘Residential R30’ to ‘Residential R80’ and removing ‘Additional Use 27—Hotel’ from the subject land.

L. REYNOLDS, Commissioner. A. SHARPE, Acting Chief Executive Officer.

SALARIES AND ALLOWANCES TRIBUNAL

SA401*

SALARIES AND ALLOWANCES ACT 1975

DETERMINATION VARIATION

PREAMBLE

The Salaries and Allowances Tribunal has issued a determination in respect of the holder of the office of Deputy Director of Public Prosecutions.

DETERMINATION

The determination of the Salaries and Allowances Tribunal made on 18 December 2012 under sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time, is hereby varied by a further determination set out below.

This variation is effective from the 1st January 2013.


Remove from the Fourth Schedule the following—

The Salaries and Allowances Tribunal determines that the holder of the office of Deputy Director of Public Prosecutions is entitled to a base salary of $370,781.

Include in the Fourth Schedule the following—

The Salaries and Allowances Tribunal determines that the holder of the office of Deputy Director of Public Prosecutions is entitled to a base salary of $371,681.

Dated at Perth this 24th day of January 2013.

W. S. COLEMAN AM, C. A. BROADBENT, B. J. MOORE, Chairman. Member. Member.

Salaries and Allowances Tribunal.

———————————

SA402*

SALARIES AND ALLOWANCES ACT 1975

DETERMINATION VARIATION

PREAMBLE

The Salaries and Allowances Tribunal has issued a determination in respect of the holders of the following offices—

Managing Director, Main Roads;

Executive Director, Department of the Premier and Cabinet;

Deputy Commissioner, Community and Youth Justice, Department of Corrective Services; and

Assistant Commissioner Intelligence and Communication, Western Australian Police Service.

DETERMINATION

The determination of the Salaries and Allowances Tribunal made on 18 December 2012 under sections 6(1)(c), (d) and (e) of the Salaries and Allowances Act 1975, as amended from time to time, is hereby varied by a further determination set out below.

The variation is effective from the 1st January 2013 or the date of appointment, whichever is the latter.

Remove from Part 3 of the First Schedule the following—

Prescribed Office

Office Department or Agency

Office Holder Salary

Assistant Commissioner Intelligence and Communication

Western Australian Police Service

Vacant $–

Special Division Non-CEOs


Band Office Holder Salary

Managing Director, Main Roads Western Australia

Transport 2 Vacant $–

Executive Director, Cabinet and Policy Division

Premier and Cabinet

4 Vacant $–

Deputy Commissioner, Community and Juvenile Justice

Corrective Services

4 H. Harker $213,429

Include in Part 3 of the First Schedule the following—

Prescribed Office


Office Holder Salary

Assistant Commissioner Intelligence and Communication

Western Australian Police Service

D. Bell $198,562


Special Division Non-CEOs


Band Office Holder Salary

Managing Director, Main Roads Western Australia

Transport 2 S. Troughton $312,449

Executive Director, Cabinet and Policy Division

Premier and Cabinet

4 R. May $213,429

Deputy Commissioner, Community and Youth Justice

Corrective Services

4 H. Harker $213,429

Dated at Perth this 24th day of January 2013.

W. S. COLEMAN AM, C. A. BROADBENT, B. J. MOORE, Chairman. Member. Member.

Salaries and Allowances Tribunal.

DECEASED ESTATES

ZX401

TRUSTEES ACT 1962

DECEASED ESTATES

Notice to Creditors and Claimants

Yvonne Florence Uren, late of Bethanie Waters, 18 Olivenza Crescent, Port Kennedy, Western Australia, deceased.

Creditors and other persons having claims (to which section 63 of the Trustees Act 1962, relates) in respect of the estate of the deceased, who died on the 15th May 2012, are required by the Executor Michel Yvonne Connell care of P. A. Martino, PO Box 564 West Perth WA 6872 to send particulars of their claim to her by the 8th March 2013, after which date the Executor may convey or distribute the assets, having regard only to the claims of which she then has notice.

———————————

ZX402*

TRUSTEES ACT 1962

DECEASED ESTATES

Notice to Creditors and Claimants

Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect of the Estates of the undermentioned deceased persons are required to send particulars of their claims to me on or before 1 March 2013 after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice.

Gregory, Dennis, late of Frederick Guest Village, 30/25 Gleddon Road, Bull Creek, died 12.12.2012 (DE33079421 EM15)

Harden, Diana Stephanie, also known as Diana Stephana Harden, late of Waminda Care Centre, 2 Adie Court, Bentley, died 15.12.2012 (DE19744437 EM37)

Horlock, David Cyril, late of Stirling Aged Care, 32 Spencer Street, Yokine, died 24.11.2012 (DE20010387 EM16)

Lippe, Peter Legget, late of 15/7 Leslie Street, Mandurah, died 10.01.2013 (DE33081515 EM32)

Loader, Derrick Wilfred, late of Tuart Lodge, Room 42 Wattle Wing RAAFA Estate, 19 Hughie Edwards Drive, Merriwa, died 13.01.2013 (DE19872038 EM36)

Lund, Samson Cordon, late of Unit 1 9 Buzolic Court, Carnarvon, died 11.12.2012 (DE19912420 EM13)

McIvor, Lorrice June, late of Sandstrom Aged Care, 44 Whatley Crescent, Mt Lawley, died 19.11.2012 (DE19871708 EM23)


Scott, Sheila, late of Trinity Hostel Hillview Terrace, Bentley, formerly of 220 Tranby Units, Hayman Road, Rowethorpe Bentley, died 11.12.2012 (DE19831146 EM38)

Shanks, Edna Beatrice, late of 26/24 Southdown Place, Thornlie, died 25.12.2012 (DE33026426 EM35)

Smallacombe, Dorothy Margaret, late of Mandurah Care Facility, 1 Hungerford Avenue, Halls Head, formerly of 8 Cassie Street, Greenfields, Mandurah, died 5.01.2013 (DE19890693 EM24)

Wallis, Eileen, late of 12 Berehaven Avenue, Thornlie, died 11.12.2012 (DE33048860 EM38)

BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000.

Telephone: 1300 746 212

PUBLIC NOTICES

ZZ401

PARTNERSHIP ACT 1895

RESIGNATION AND DISSOLUTION OF PARTNERSHIP

To: Keith Hannah of 27 Ashmere Drive, Bullsbrook WA 6084.

From: Dean Clancy of 5 Wombat Road, High Wycombe WA 6057.

Pursuant to Section 43 of the Partnership Act 1895 (WA) and the Partnership Agreement entered into between Keith Hannah and Dean Clancy dated May 2012 (Agreement), I, Dean Clancy hereby provide you with written notice of my resignation from the partnership subsisting between you and I established under the Partnership Agreement (Partnership), effective as of the date of this Notice of Resignation and Dissolution.

In accordance with the terms of the Agreement, the Partnership is now dissolved.

Dated this 25th day of January 2013.

DEAN CLANCY.

———————————

ZZ402

MISSING WILL

Would any person holding or knowing the whereabouts of a Last Will and Testament for the late David Seeligson, of 21a Alderhaus Drive, Kingsley WA, who died on 8th June 2012, please contact Newton Vincent Barristers and Solicitors, PO Box Z5715, St Georges Terrace, Perth WA 6831, Tel: (08) 9221 5333.

———————————


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!2013017gg!...454 government gazette, wa 1 february 2013 24. regulation 64 amended (1) delete...

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