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1051

ISSN 1448-949X (print) ISSN 2204-4264 (online)

PRINT POST APPROVED PP665002/00041

PERTH, FRIDAY, 24 APRIL 2020 No. 63 PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON

© STATE OF WESTERN AUSTRALIA

WESTERN AUSTRALIAN GOVERNMENT

CONTENTS

PART 1

Page

Agricultural Produce (Beekeeping Industry) Amendment Regulations 2020 ......................... 1055 Blood and Tissue (Transmissible Diseases) Amendment Regulations 2020 ........................... 1058 Building Amendment Regulations (No. 3) 2020 ....................................................................... 1059 City of Perth—Outdoor Dining Amendment Local Law 2019 ................................................. 1061 Liquor Control (Jigalong Restricted Area) Amendment Regulations 2020 ............................. 1064 Local Government (Parking for People with Disabilities) Amendment Regulations 2020 .... 1061 Local Government (Stirling and Vincent - Change of Boundaries) Order 2020 ..................... 1063 Petroleum Products Pricing (Notification) Revocation Order 2020 ......................................... 1057 Queen’s Birthday Holiday 2020 (Marble Bar) Proclamation 2020 .......................................... 1053 Queen’s Birthday Holiday 2020 (Newman) Proclamation 2020 .............................................. 1054 Queen’s Birthday Holiday 2020 (Port Hedland and Karratha) Proclamation 2020 ............... 1054 Taxation Administration Amendment Regulations (No. 3) 2020 ............................................ 1066

———

PART 2

Consumer Protection ................................................................................................................. 1068 Fire and Emergency Services .................................................................................................... 1068 Justice ......................................................................................................................................... 1068 Minerals and Petroleum ............................................................................................................ 1071 Parliament .................................................................................................................................. 1072 Planning ..................................................................................................................................... 1072 Public Notices ............................................................................................................................. 1078 Transport .................................................................................................................................... 1074

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24 April 2020 GOVERNMENT GAZETTE, WA 1053

— PART 1 —

PROCLAMATIONS

AA101

Public and Bank Holidays Act 1972

Queen’s Birthday Holiday 2020 (Marble Bar)

Proclamation 2020

SL 2020/43

Made under the Public and Bank Holidays Act 1972 section 8 by the

Governor in Executive Council.

1. Citation

This proclamation is the Queen’s Birthday Holiday 2020

(Marble Bar) Proclamation 2020.

2. Queen’s Birthday Holiday

Instead of Monday 28 September 2020, Monday 6 July 2020 is

to be the Celebration Day for the Anniversary of the Birthday of

the Reigning Sovereign in 2020 in that part of the East Pilbara

local government district that is —

(a) in, or within 150 km of, the townsite of Marble Bar

(constituted under the Land Administration Act 1997

section 26(2), including the townsite of Nullagine

(as constituted under that provision)); but

(b) not within 150 km of the townsite of Newman

(as constituted under that provision).

K. BEAZLEY, Governor. L.S.

W. JOHNSTON, Minister for Industrial Relations.

———————————

1054 GOVERNMENT GAZETTE, WA 24 April 2020

AA102


Queen’s Birthday Holiday 2020 (Newman)

Proclamation 2020

SL 2020/44



1. Citation

This proclamation is the Queen’s Birthday Holiday 2020

(Newman) Proclamation 2020.


Instead of Monday 28 September 2020, Monday

17 August 2020 is to be the Celebration Day for the

Anniversary of the Birthday of the Reigning Sovereign in 2020

in that part of the East Pilbara local government district that is

in, or within 150 km of, the townsite of Newman (constituted

under the Land Administration Act 1997 section 26(2)).



———————————

AA103


Queen’s Birthday Holiday 2020 (Port Hedland

and Karratha) Proclamation 2020

SL 2020/45



1. Citation

This proclamation is the Queen’s Birthday Holiday 2020 (Port

Hedland and Karratha) Proclamation 2020.



Instead of Monday 28 September 2020, Monday 3 August 2020

is to be the Celebration Day for the Anniversary of the Birthday

of the Reigning Sovereign in 2020 in —

(a) the Port Hedland local government district; and

(b) the Karratha local government district.



AGRICULTURE AND FOOD

AG301

Agricultural Produce Commission Act 1988

Agricultural Produce (Beekeeping Industry)

Amendment Regulations 2020

SL 2020/49

Made by the Governor in Executive Council.

1. Citation

These regulations are the Agricultural Produce (Beekeeping

Industry) Amendment Regulations 2020.

2. Commencement

These regulations come into operation as follows —

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

regulations are published in the Gazette;

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

3. Regulations amended

These regulations amend the Agricultural Produce (Beekeeping

Industry) Regulations 2003.

4. Regulation 2 amended

(1) In regulation 2 delete the definition of beekeeper.


(2) In regulation 2 insert in alphabetical order:

beekeeper producer —

(a) means a person whose business is or

includes the production of bees, honey or any

other product of bees or beehives; and

(b) if section 19A of the Act applies — includes a

person who produces any quantity of bees,

honey or any other product of bees or beehives,

whether for sale or not;

Department means the department of the Public

Service principally assisting in the administration of

the Act.

(3) In regulation 2 in the definition of charge paragraph (a) delete

“beekeepers” and insert:

a beekeeper producer


(1) In regulation 4(1) after “beekeeper” insert:

producer

(2) In regulation 4(2) delete “1 January” and insert:

30 June

(3) In regulation 4(3) after “beekeeper” insert:

producer


(1) In regulation 5(1) delete “Director General of the Department of

Agriculture.” and insert:

chief executive officer of the Department.

(2) In regulation 5(2) delete “Director General” and insert:

chief executive officer



In regulation 6 after “beekeeper” (each occurrence) insert:

producer

N. HAGLEY, Clerk of the Executive Council.

CONSUMER PROTECTION

CP301

Petroleum Products Pricing Act 1983

Petroleum Products Pricing (Notification)

Revocation Order 2020

Made by the Commissioner for Consumer Protection under the

Petroleum Products Pricing Regulations 2000.

1. Citation

This order is the Petroleum Products Pricing (Notification)

Revocation Order 2020.

2. Commencement

This order comes into operation as follows —

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

published in the Gazette;

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

3. Order revoked

The Petroleum Products Pricing (Notification) Order 2001 is

revoked.

P. LIPSCOMBE, Commissioner for Consumer Protection.

———————————


HEALTH

HE301

Public Health Act 2016

Blood and Tissue (Transmissible Diseases)


SL 2020/47


1. Citation

These regulations are the Blood and Tissue (Transmissible

Diseases) Amendment Regulations 2020.

2. Commencement






These regulations amend the Blood and Tissue (Transmissible

Diseases) Regulations 1985.


(1) In regulation 3(1) delete “prescribed by these regulations” and

insert:

required under regulation 6

(2) In regulation 3(2) delete “prescribed by these regulations,” and

insert:

required under regulation 6,


In regulation 4 delete “prescribed by these regulations” and

insert:

required under regulation 6



In regulation 5(d) delete “the Red Cross Blood Transfusion

Service,” and insert:

Australian Red Cross Lifeblood,

7. Regulation 6 replaced

Delete regulation 6 and insert:

6. Form of declaration

A declaration made for the purposes of these

regulations must be in the approved form.

8. Schedule 1 deleted

Delete Schedule 1.

M. INGLIS, Clerk of the Executive Council.

INDUSTRY REGULATION

IS301

Building Act 2011

Building Amendment Regulations (No. 3) 2020

SL 2020/46


1. Citation

These regulations are the Building Amendment Regulations

(No. 3) 2020.

2. Commencement







These regulations amend the Building Regulations 2012.

4. Regulation 18A amended

In regulation 18A(1)(a) delete “31A(2)(a) or (b)” and insert:

31A(2)

5. Regulation 31A amended

(1) Delete regulation 31A(2)(b) and insert:

(b) set out in the edition of the Building Code that

was in effect 12 months before the time the

application for the building permit is made; or

(c) subject to subregulation (3), set out in the

edition of the Building Code that was in effect

on 12 March 2018.

(2) Delete regulation 31A(3) and insert:

(3) Subregulation (2)(c) applies only if the application for

the building permit is made on or before 30 April 2021.

6. Regulation 31D amended

(1) In regulation 31D(3)(b) delete “subject to subregulation (3A),”.

(2) Delete regulation 31D(3A).

7. Regulation 31F amended

In regulation 31F(2) delete “31A(2)(a) or (b)” and insert:

31A(2)

8. Regulation 31H amended

In regulation 31H(2) delete “31A(2)(a) or (b)” and insert:

31A(2)


———————————


LOCAL GOVERNMENT

LG301

LOCAL GOVERNMENT ACT 1995

City of Perth

OUTDOOR DINING AMENDMENT LOCAL LAW 2019

Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Perth resolved on 26 November 2019 to make this local law.

Part 1—Preliminary 1.1 Title

This is the City of Perth Outdoor Dining Amendment Local Law 2019.

1.2 Commencement

This local law comes into operation 14 days after the date of its publication in the Government Gazette.

1.3 Principal local law amended.

This local law amends the City of Perth Outdoor Dining Local Law 2019 as published in the Government Gazette on 27 May 2019.

1.4 Clause 2.5 amended

Delete clause 2.5(2)(c).

Dated this 4th day of December, 2019.

The Common Seal of the City of Perth was affixed by authority of a a resolution of the Council in the presence of—

ANDREW HAMMOND, Chair of Commissioners. MURRAY JORGENSEN, Chief Executive Officer.

———————————

LG302

Local Government Act 1995

Local Government (Parking for People with

Disabilities) Amendment Regulations 2020

SL 2020/50


1. Citation

These regulations are the Local Government (Parking for

People with Disabilities) Amendment Regulations 2020.

2. Commencement







These regulations amend the Local Government (Parking for

People with Disabilities) Regulations 2014.


In regulation 4 in the definition of disability parking permit

delete “the National Disability Service” and insert:

National Disability Services Limited


In regulation 6 delete the Penalty and insert:

Penalty for this subregulation: a fine of $5 000.


In regulation 7 in the Penalty delete “$2 000.” and insert:

$5 000.


In regulation 8 in the Penalty delete “$2 000.” and insert:

$5 000.

8. Schedule 1 amended

In Schedule 1:

(a) delete “Unauthorised identification of ” and insert:

Identifying or purporting to identify a

(b) delete “300” (each occurrence) and insert:

500


———————————


LG303

Local Government Act 1995

Local Government (Stirling and

Vincent - Change of Boundaries) Order 2020


1. Citation

This order is the Local Government (Stirling and

Vincent - Change of Boundaries) Order 2020.

2. Commencement

This order comes into operation as follows —

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

published in the Gazette;

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

3. Terms used

In this order —

Authority means the Western Australian Land Information

Authority established by the Land Information Authority

Act 2006 section 5(1);

Deposited Plan, followed by a number, means the deposited

plan of that number —

(a) lodged with the Authority; and

(b) certified by an authorised land officer as defined in the

Land Administration Act 1997 section 3(1); and

(c) available —

(i) in paper form at the Authority’s head office; and

(ii) in electronic form on the Authority’s official

website.

4. District boundaries changed

(1) The boundaries of the district of Stirling are changed so that the

district consists of the land delineated in red and coloured

purple on Deposited Plan 418240 version 1.

(2) The boundaries of the district of Vincent are changed so that the

district consists of the land delineated in red and coloured

purple on Deposited Plan 418239 version 1.


5. Ward boundaries changed

(1) The boundaries of the Lawley Ward in the district of Stirling are

changed so that the ward consists of the land delineated in red

and coloured yellow on Deposited Plan 418242 version 1.

(2) The boundaries of the North Ward in the district of Vincent are

changed so that the ward consists of the land delineated in red

and coloured blue on Deposited Plan 418241 version 1.

M. INGLIS, Clerk of the Executive Council.

RACING, GAMING AND LIQUOR

RA301

Liquor Control Act 1988

Liquor Control (Jigalong Restricted Area)


SL 2020/42


1. Citation

These regulations are the Liquor Control (Jigalong Restricted

Area) Amendment Regulations 2020.

2. Commencement






These regulations amend the Liquor Control (Jigalong

Restricted Area) Regulations 2009.



In regulation 3 in the definition of Jigalong Aboriginal

Community —

(a) in paragraph (a) delete “LR3128 Folio 529 and

Volume LR3128 Folio 530;” and insert:

LR3167 Folios 881, 884 and 887 to 915;

(b) in paragraph (b) delete “3114/1103” and insert:

N049404

(c) delete paragraph (c) and insert:

(c) Pastoral Lease N049546 being the whole of the

land in Certificate of Crown Land Title

Volume LR3167 Folio 883.

5. Regulation 4 deleted

Delete regulation 4.

6. Regulation 9 replaced

Delete regulation 9 and insert:

9. Period during which these regulations have effect

Unless sooner repealed, these regulations have effect

for the period that ends at the close of 1 May 2023.


———————————


TREASURY AND FINANCE

TR301

Taxation Administration Act 2003

Taxation Administration Amendment

Regulations (No. 3) 2020

SL 2020/48


1. Citation

These regulations are the Taxation Administration Amendment

Regulations (No. 3) 2020.

2. Commencement






These regulations amend the Taxation Administration

Regulations 2003.

4. Regulation 13L inserted

Before regulation 13 insert:

13L. Disclosure of information to public sector agencies

for purpose of COVID-19 relief measures

(section 114(3)(g))

(1) In this regulation —

COVID-19 relief measure means a measure to provide

financial relief to persons who are affected

economically by the COVID-19 pandemic;

public sector agency means an agency as defined in the

Public Sector Management Act 1994 section 3(1);

tax information means information or material that

was disclosed to or obtained by the Commissioner

under a taxation Act.


(2) For the purposes of section 114(3)(g) of the Act, the

Commissioner may disclose tax information to the

chief executive officer of a public sector agency for the

following purposes —

(a) to assist in developing policy for COVID-19

relief measures;

(b) to assist in delivering COVID-19 relief

measures;

(c) to assist in evaluating the effectiveness of

COVID-19 relief measures.


———————————


— PART 2 —

CONSUMER PROTECTION

CP401 RETAIL TRADING HOURS ACT 1987

RETAIL TRADING HOURS (MOTOR VEHICLE SHOPS) PUBLIC HOLIDAY VARIATION ORDER 2020

Made by the Minister for Commerce under section 12E of the Act.

1. Citation

This order is the Retail Trading Hours (Motor Vehicle Shops) Public Holiday Variation Order 2020.

2. Commencement

This order comes into operation as follows—

(a) clauses 1 and 2—on the day on which this order is published in the Gazette;

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

3. Variation of retail trading hours

Motor vehicle shops, in Western Australia, are authorised to be open at times when those shops would otherwise be required to be closed—

(a) on each day specified in the Table; and

(b) during the hours specified for that day in the Table.

Table

Day Hours

Monday 27 April 2020 from 8 am until 6 pm

J. QUIGLEY, Minister for Commerce.

FIRE AND EMERGENCY SERVICES

FE401 FIRE AND EMERGENCY SERVICES SUPERANNUATION ACT 1985

APPOINTMENT

The following have been appointed/elected to the Fire and Emergency Services Superannuation Board—

Member

Mr R Burnell (Appointed) 26/03/2020 – 25/09/2020

JUSTICE

JU401 PROFESSIONAL STANDARDS ACT 1997

THE WESTERN AUSTRALIAN BAR ASSOCIATION PROFESSIONAL STANDARDS SCHEME

I, John Quigley MLA, Attorney General; Minister for Commerce, pursuant to section 26 of the Professional Standards Act 1997 WA (the Act), authorise the publication of The Western Australian Bar Association Professional Standards Scheme (the Scheme) submitted to me by the Professional Standards Council of Western Australia. The Scheme is published with this authorisation and will commence in accordance with section 27 of the Act.

Hon. JOHN QUIGLEY, MLA, Attorney General; Minister for Commerce.

Dated 21 April, 2020.


PROFESSIONAL STANDARDS ACT 1997 (WA)

THE WESTERN AUSTRALIAN BAR ASSOCIATION PROFESSIONAL STANDARDS SCHEME

PREAMBLE

Occupational Association

A. The Western Australian Bar Association (Association) is an occupational association, constituted as an incorporated body under the Associations Incorporation Act 2015 (WA).

B. The Association has made an application to the Professional Standards Council, appointed under the Professional Standards Act 1997 (WA) (the Act), for a scheme under the Act.

C. The scheme is prepared by the Association for the purposes of limiting occupational liability to the extent to which such liability may be limited under the Act.

D. The scheme propounded by the Association is to apply to members of the Association who are based in and practise as independent barristers in Western Australia.

E. The Association has furnished the Councils with a detailed list of the risk management strategies intended to be implemented in respect of its members and the means by which those strategies are intended to be implemented.

F. This scheme is intended to commence on the following day—

(a) In New South Wales, the Northern Territory, Queensland, Tasmania, Victoria and Western Australia on 1 July 2020; and

(b) In the Australian Capital Territory and in South Australia—

(i) On the date provided for in the Minister’s notice in relation to the amendments, if a date is provided; or

(ii) On the first day two months after the day on which notice was given, in any other case.

G. The scheme is also intended to apply in New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory, the Northern Territory and Tasmania.

The Western Australian Bar Association Scheme

1. Occupational Association

1.1 The Association is a voluntary occupational association of legal practitioners practising exclusively as independent barristers in Western Australia.

1.2 The Association Scheme (the Scheme) is a scheme under the Act, prepared by the Western Australian Bar Association (Association) whose business address is Level 25, Allendale Square, 77 St Georges Terrace, Perth, Western Australia.

1.3 the Scheme applies in Western Australia and also in New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory, the Northern Territory and Tasmania.

1.4 Relevant definitions for the purposes of this Scheme are as follows—

―Interstate Member‖ means a practising barrister whose primary occupation is at the Bar who does not normally reside in Western Australia and who is a member of the Bar of another state or Territory in Australia who has been elected as an Interstate Member of the Association as provided under clause 9(d) of the Association’s Constitution.

―Honorary Member‖ means any person who, in the opinion of a General Meeting of the Association, is worthy of being elected as an Honorary Member of the Association who has been elected as an Honorary Member of the Association as provided under clause 9(a) of the Association’s Constitution.

―Judicial Member‖ means any person who is a judge of the High Court of Australia, Supreme Court of Western Australia, the Federal Court of Australia, the Family Court of Western Australia, the Family Court of Australia, the District Court of Western Australia or the Federal Circuit Court or any person who is a judicial officer of equivalent status in any other Court or Tribunal who has been elected as a Judicial Member of the Association as provided under clause 9(b) of the Association’s Constitution;

―Magistrate Member‖ means any person who is the Chief Magistrate of the Magistrates Court of Western Australia; and, upon the recommendation of Bar Council, a former member who is a Magistrate of the Magistrates Court of Western Australia or the Family Court who has been elected as a Magistrate Member of the Association as provided under clause 9(c) of the Association’s Constitution.

―Member‖ means any of the following persons who are eligible for membership of the Association under clause 4 of the Association’s Constitution and who have been elected as Members of the Association under clause 5 of the Association’s Constitution—

(a) a barrister who does not carry on any other occupation inconsistent with the maintenance of proper standards of professional conduct and integrity;

(b) a barrister who is not primarily occupied at the Bar due to the fact that she or he is responsible for the care of a child

(c) a Queen’s Counsel or Senior Counsel for the State who is a law officer of the Crown in right of the State or of the State, including the offices of Attorney General, Solicitor General, Director of Public Prosecutions, or any law officer of the Crown in right of the Commonwealth or of the Commonwealth, including the Attorney General, Solicitor General, Director of Public Prosecutions or any Special Prosecutor appointed by the Commonwealth;


(d) a university lecturer who is a practising barrister; and

(e) a member of the State or Federal Parliament who practises or practised as a barrister or a barrister who is a Minister of the Crown.

―Ex officio Member‖ means the Attorney General of Western Australia and the Solicitor-General for Western Australia if elected as ex officio members of the Association by Bar Council under clause 10 of the Association’s Constitution.

2. Persons to Whom the Scheme Applies

2.1 The Scheme applies to all Members of the Association, being those members who are based in and practise as independent barristers in Western Australia as provided under clause 4 of the Association’s Constitution.

This Scheme does not apply to—

(a) Members to whom an exemption is granted by the Association’s Bar Council under cl. 2.2;

(b) Interstate Members; and

(c) Honorary, Judicial, Magistrate or Ex Officio Members.

2.2 The Association may, upon application by a Member, exempt a Member from participation in the Scheme with effect from a date specified by the Association on or after the date on which the exemption is granted.

2.3 The Association may, upon application by a Member, revoke an exemption of that person from participation in the Scheme with effect from a date specified by it.

2.4 This Scheme also applies to all persons to whom the Scheme applied under clause 2.1 at the time of any act or omission, giving rise to occupational liability.

3. Limitation of liability

3.1 This Scheme only affects the liability for damages arising from a single cause of action to the extent to which the liability results in damages exceeding $500,000.

3.2 If a person, who was at the time of the act or omission giving rise to occupational liability, a person to whom the scheme applied, against whom a proceeding relating to occupational liability is brought, is able to satisfy the court that such person has the benefit of an insurance policy—

(a) of a kind which complies with the standards determined by the Association,

(b) insuring such person against that occupational liability, and

(c) under which the amount payable in respect of that occupational liability is not less than the monetary ceiling specified in this scheme,

that person is not liable in damages in relation to that cause of action above the monetary ceiling specified in this scheme.

3.3 The monetary ceiling is $ 2 million.

3.4 This Scheme limits the occupational liability in respect of a cause of action founded on an act or omission occurring during the period when the Scheme was in force of any person to whom the Scheme applied at the time the act or omission occurred.

3.5 Notwithstanding anything to the contrary contained in this Scheme, if in particular circumstances giving rise to occupational liability, the liability of any person who is subject to this Scheme should be capped by both this Scheme and also by any other scheme under the Professional Standards legislation (whether of this jurisdiction or under the law of any other Australian State or Territory) and if the amount of such caps should differ, then the cap on the liability of such a person arising from such circumstances which is higher shall be the applicable cap.

4. Commencement

This Scheme is intended to commence on the following day—

(a) In Western Australia, New South Wales, the Northern Territory, Queensland, Tasmania and Victoria on 1 July 2020; and

(b) In the Australian Capital Territory and in South Australia—

(i) On the date provided for in the Minister’s notice in relation to the amendments, if a date is provided; or

(ii) On the first day two months after the day on which notice was given, in any other case

5. Duration

5.1 This Scheme will be in force in Western Australia for 5 years from the date of commencement in that jurisdiction.

5.2 For any other jurisdiction, the Scheme will be in force for—

(a) 5 years from the date of commencement in that jurisdiction; or

(b) 5 years from the date of commencement in Western Australia;

whichever period ends first.

5.3 Clauses 5.1 and 5.2 are subject to the provisions of each jurisdiction applicable to the revocation, extension or cessation of schemes.

———————————


MINERALS AND PETROLEUM

MP401

MINING ACT 1978

APPLICATION FOR AN ORDER FOR FORFEITURE

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

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

E. O’DONNELL, Warden.

———— To be heard by the Warden at Leonora on 9 June 2020.

MT MARGARET MINERAL FIELD

Prospecting Licences

P 37/9159 Lorentz, Wolfgang Michael

P 38/4459 Holdfast Exploration Pty Ltd

P 38/4460 Holdfast Exploration Pty Ltd

P 39/5627 Gallop, Leeanne Caroline Gallop, Joseph Brian

NORTH COOLGARDIE MINERAL FIELD


P 40/1391 Hannam, Mark John

P 40/1467 Shipard, Maida

———————————

MP402

MINING ACT 1978

APPLICATION FOR AN ORDER FOR FORFEITURE

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

In accordance with Regulation 49(2)(c) of the Mining Regulations 1981, notice is hereby given that the following licences are liable for forfeiture under the provision of Section 96(1)(a) of the Mining Act 1978 for non payment of rent.

E. O’DONNELL, Warden.

———— To be heard by the Warden at Leonora on 9 June 2020.

MT MARGARET MINERAL FIELD


P 38/4205 Niagate, Dioké

———————————


PARLIAMENT

PA401

PARLIAMENT OF WESTERN AUSTRALIA

Royal Assent to Bills

It is hereby notified for public information that the Governor has Assented in the name and on behalf of Her Majesty the Queen, on the date shown, to the undermentioned Acts passed by the Legislative Council and the Legislative Assembly during the First Session of the Fortieth Parliament.

Title of Act Date of Assent Act No.

Lotteries Commission Amendment (COVID-19 Response) Act 20020 20 April 2020 15 of 2020

Pay-roll Tax Relief (COVID-19 Response) Act 2020 20 April 2020 16 of 2020

Local Government Amendment (COVID-19 Response) Act 2020 20 April 2020 17 of 2020

NIGEL PRATT, Clerk of the Parliaments. Dated 21 April 2020.

PLANNING

PL401

PLANNING AND DEVELOPMENT ACT 2005

PLANNING AND DEVELOPMENT (DEVELOPMENT ASSESSMENT PANELS) ORDER 2020

Made by the Minister under section 171C of the Act.

1. Citation

This order is the Planning and Development (Development Assessment Panels) Order 2020.

2. Commencement

This order comes into operation as follows—

(a) clauses 1 and 2—on the day on which this order is published in the Government Gazette;

(b) the rest of the order—on 27 April 2020.

3. Terms used: repealed order

In this order—

repealed order means the Planning and Development (Development Assessment Panels) Order 2015.

4. Order repealed

The Planning and Development (Development Assessment Panels) Order 2015 is repealed.

5. City of Perth LDAP continued

The local development assessment panel called the City of Perth LDAP established under the repealed order for the City of Perth is continued.

6. Metro Inner-North JDAP established

The joint development assessment panel called the Metro Inner-North JDAP is established for the districts listed in the Table.

Table

District District

Bassendean Bayswater

Cambridge Claremont

Cottesloe Mosman Park

Nedlands Peppermint Grove

Stirling Subiaco

Vincent


7. Metro Inner-South JDAP established

The joint development assessment panel called the Metro Inner-South JDAP is established for the districts listed in the Table.

Table

District District

Belmont Canning

Melville South Perth

Victoria Park Fremantle

East Fremantle

8. Metro Outer JDAP established

The joint development assessment panel called the Metro Outer JDAP is established for the districts listed in the Table.

Table

District District

Armadale Cockburn

Gosnells Joondalup

Kalamunda Kwinana

Mandurah Mundaring

Murray Rockingham

Serpentine-Jarrahdale Swan

Wanneroo

9. Regional JDAP established

The joint development assessment panel called the Regional JDAP is established for the districts listed in the Table.

Table

District District District

Albany Ashburton Augusta-Margaret River

Beverley Boddington Boyup Brook

Bridgetown-Greenbushes

Brookton Broome

Broomehill-Tambellup Bruce Rock Bunbury

Busselton Capel Carnamah

Carnarvon Chapman Valley Chittering

Collie Coolgardie Coorow

Corrigin Cranbrook Cuballing

Cue Cunderdin Dalwallinu

Dandaragan Dardanup Denmark

Derby-West Kimberley Donnybrook-Balingup Dowerin

Dumbleyung Dundas East Pilbara

Esperance Exmouth Gingin

Gnowangerup Goomalling Greater Geraldton

Halls Creek Harvey Irwin

Jerramungup Kalgoorlie-Boulder Karratha

Katanning Kellerberrin Kent

Kojonup Kondinin Koorda

Kulin Lake Grace Laverton

Leonora Manjimup Meekatharra

Menzies Merredin Mingenew

Moora Morawa Mount Magnet

Mount Marshall Mukinbudin Murchison

Nannup Narembeen Narrogin

Ngaanyatjarraku Northam Northampton

Nungarin Perenjori Pingelly

Plantagenet Port Hedland Quairading

Ravensthorpe Sandstone Shark Bay

Tammin Three Springs Toodyay


District District District

Trayning Upper Gascoyne Victoria Plains

Wagin Wandering Waroona

West Arthur Westonia Wickepin

Williams Wiluna Wongan-Ballidu

Woodanilling Wyalkatchem Wyndham-East Kimberley

Yalgoo Yilgarn York

10. Transitional Arrangements

(1) In this clause—

commencement day means 27 April 2020;

discontinued JDAP means a JDAP established under the repealed order that is not continued under this order;

DAP application has the meaning given in the Planning and Development (Development Assessment Panels) Regulations 2011 regulation 3(1);

relevant JDAP, in relation to a DAP application, means the JDAP for the district in which the development to which the application relates is located.

(2) On and from commencement day, any DAP application made to a discontinued JDAP before commencement day that has not been finalised before commencement day is to be taken to be a DAP application made to the relevant JDAP established under this order.

(3) For the purposes of subclause (2)—

(a) the application is to be taken to have been made to the relevant JDAP on the date it was made to the discontinued JDAP; and

(b) the JDAP to which the application was made must ensure that the application and all the records in respect of the application are provided to the relevant JDAP; and

(c) any action in relation to a DAP application that was taken by a discontinued JDAP is to be taken to be an action taken by the relevant JDAP in relation to the application.

Hon. RITA SAFFIOTI, MLA, Minister for Planning.

TRANSPORT

TN401

TRANSPORT (ROAD PASSENGER SERVICES) ACT 2018

DETERMINATION UNDER SECTION 257B—COVID-19 RELIEF PAYMENTS T(RPS)A—2020-203738

I, Rita Saffioti, Minister for Transport, by this Notice determine under section 257B(1) of the Transport (Road Passenger Services) Act 2018 that—

(1) the amount of the COVID-19 relief payment is $2,500 for every on-demand booking service authorisation held by a person referred to in either or both of paragraphs (2) or (3) of this Notice;

(2) a COVID-19 relief payment is payable to a person who on 1 April 2020 was both—

(a) the holder of an on-demand booking service authorisation that had not expired, been cancelled, or been in suspension; and

(b) the holder of one or more passenger transport vehicle authorisations that had not expired, been cancelled, or been in suspension;

(3) without limiting the scope of paragraph (2) of this Notice, a COVID-19 relief payment is also payable to a body corporate which on 1 April 2020 both—

(a) was the holder of an on-demand booking service authorisation that had not expired, been cancelled, or been in suspension; and

(b) had a director who was the holder of one or more passenger transport vehicle authorisations that had not expired, been cancelled, or been in suspension;

(4) only one COVID-19 relief payment is payable in respect of any one on-demand booking service authorisation referred to in this Notice including when an on-demand booking service authorisation falls within the scope of both paragraphs (2) and (3) of this Notice.

I have made this determination for the purpose of providing relief to those relevant industry participants from the economic effects of the COVID-19 pandemic.


In this Notice—

―person‖ means an individual or a body corporate, whether or not they hold the authorisations in their own right, in their capacity as one of the members of a partnership (acting on behalf of all members of that partnership), or as a trustee.

Hon. RITA SAFFIOTI, MLA, Minister for Transport.

Date: 17 April, 2020.

———————————

TN402

TRANSPORT (ROAD PASSENGER SERVICES) ACT 2018

DETERMINATION UNDER SECTION 261B—REGIONAL ASSISTANCE PAYMENTS T(RPS)A—2020-203735

I, Rita Saffioti MLA, Minister for Transport, hereby make the following determination under section 261B of the Transport (Road Passenger Services) Act 2018.

1. Definitions

In this Notice—

―Act‖ means Transport (Road Passenger Services) Act 2018;

―CEO‖ means the chief executive officer of the Department;

―Department‖ means the department of the Public Service principally assisting the Minister in the administration of the Act;

―Dutiable Value‖ means the value of the sale of a Transport Related Business recorded by the Office of State Revenue (or its predecessor) which sale included the transfer of a taxi-car licence; or a determination made by the CEO of the value of the sale of the Transport Related Business based on the provisions of the Duties Act 2008;

―Duties Act 2008‖ includes a reference to the Stamp Act 1921 in circumstances where the Stamp Act 1921 applied to an agreement or transaction in question;

―Eligible Taxi-car Operator‖ has the meaning given in item 2 of this Notice;

―person‖ means an individual or a body corporate;

―Payment or Payments‖ means a Regional Assistance Payment contemplated in Part 9, Division 4 of the Act;

―Regulations‖ means Transport (Country Taxi-car) Regulations 1982 (repealed);

―relevant licence‖ has the meaning in the Act;

―taxi-car‖ means a vehicle that is used for the purpose of standing or plying for hire or otherwise for the carrying of passengers for reward;

―taxi-car operator‖ has the same meaning that it is given in section 261A of the Act.

―Transport Related Business‖ means a business which includes the conveying of passengers for reward in taxi-cars operating under a taxi-car licence issued under the Transport Co-ordination Act 1966.

2. Eligibility Criteria

An Eligible Taxi-car Operator, who may make an application for a Payment, means—

(1) a taxi-car operator who held the relevant licence (i.e. to whom paragraph (a)(i) of the definition of taxi-car operator applies), and who—

(a) acquired the relevant licence in their own name following the transfer of a licence process specified by regulation 11 of the Regulations (excluding transfers in connection with deceased estates or family or business name transfers); and

(b) was required to pay, and had paid, both—

(i) the duty prescribed under the Duties Act 2008; and

(ii) the stipulated licence transfer fee under the Regulations;

or

(2) a taxi-car operator who was a party to an agreement to acquire the relevant licence from the holder of the relevant licence (i.e. to whom paragraph (a)(ii) of the definition of taxi-car operator applies), and who can—

(a) provide evidence to the satisfaction of the CEO, of the agreement and its contents; and

(b) satisfy the CEO that—

(i) that agreement included, the transfer, in due course of the taxi-car licence in accordance with regulation 11 of the Regulations; and

(ii) they had paid more than 50% of the purchase price indicated in the agreement before 2 July 2019.


3. The method for calculating the amount of a Regional Assistance Payment

Subject to the conditions in 4 and 5 below, the Regional Assistance Payment in relation to a taxi-car licence is to be determined in accordance with the following formula—

RAP = A minus B

where

A is the greater of—

(a) the floor amount; and

(b) the purchase amount minus both the deemed past income and any prior assistance amount

B is the outstanding fees amount

RAP is the Regional Assistance Payment

and

―date of purchase‖ means—

(a) the date recorded in the Departments’ records as being the date on which the taxi-car licence transfer under Regulation 11 of the Regulations was completed; or

(b) the date determined by the CEO as being the date of the sale of the Transport Related Business, if the transfer of the taxi-car licence under the Regulations has not been completed;

―deemed past income‖ means the deemed amount of estimated income that could have been received in connection with the relevant licence calculated at the rate of $355.00 per week from the date of purchase until 1 July 2019;

―floor amount‖ means—

(a) where the purchase amount was between $20,000 and no more than $150,000 (including GST)—$20,000;

(b) where the purchase amount was greater than $150,000 and no more than $200,000 (including GST)—$40,000; or

(c) where the purchase amount was greater than $200,000 (including GST)—$100,000;

―outstanding fees amount‖ means the total of any outstanding statutory fees that the Eligible Taxi-car Operator owes in relation to the taxi-car licence;

―prior assistance amount‖ means the amount of any subsidy or other amount that has previously been paid to the Eligible Taxi-car Operator in relation to the relevant licence as part of the 2019 Regional Taxi Transition Support Payment scheme;

―purchase amount‖ means the amount paid for the acquisition of the taxi-car licence or for the sale of the Transport Related Business which shall be:—

(a) the amount equivalent to the Dutiable Value for the transaction as recorded by the Office of State Revenue; or

(b) an estimated value of the sale determined by the CEO based on the requirements of the Duties Act 2008, if the transaction was not recorded by the Office of State Revenue;

4. Conditions

4.1. Where there has been a sale of a Transport Related Business and the Dutiable Value (including GST) paid on the sale of the business was recorded as less than $20,000, the amount of the Payment will be the actual Dutiable Value recorded.

4.2. An Eligible Taxi-car Operator may make application for up to 5 Payments. If an Eligible Taxi-car operator held more than 5 taxi-car licences or licences subject to agreements for the sale of Transport Related Business, the most recent five licences or agreements in date order will be considered.

5. Minimum and Maximum Payment

5.1 In all cases other than those referred to in 4.1 above, (which addresses where the Dutiable Value is found to be below the sum of $20,000)—the minimum sum of the Payment will be $20,000.

5.2 If taking into account the calculation formula in 3 above the amount of the Payment is more than $110,000.00, the maximum Payment will be $110,000.00.

6. Applications for the Payments must be received by 31 May 2020 at—

[email protected]

or posted to—

On-demand Transport

GPO Box C102

PERTH WA 6839

Hon. RITA SAFFIOTI, MLA, Minister for Transport.

Date: 17 April, 2020.

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TN403

RAIL SAFETY NATIONAL LAW (WA) ACT 2015

DECLARATION UNDER SECTION 203

Take notice that, pursuant to section 203 of the Rail Safety National Law (WA) Act 2015 (Rail Safety National Law), I the Hon Rita Saffioti MLA, Minister for Transport and Planning (the Responsible Minister) in Western Australia, do hereby—

Exempt the rail transport operators prescribed below from the requirement to comply with section 114 of the Rail Safety National Law (as it applies in this jurisdiction).

Take further notice that this exemption is subject to the following conditions—

(1) The rail transport operator must comply with the provisions of section 114 so far as is reasonably practicable to do so.

(2) This exemption only applies to periodic health assessments only. It does not include triggered health assessments, pre-placement or change of risk category health assessments.

(3) Where there are issues accessing authorised health professions as a result of impacts from the global pandemic COVID-19 (as declared by the World Health Organisation in March 2020), the rail transport operator must undertake a risk assessment for the affected rail safety workers and determine, based on their most recent health assessment, whether it is low risk to postpone the periodic health assessment and allow them to continue undertaking rail safety work until such time as the assessment can be scheduled;

(4) Rail transport operators must document any change management and consultation processes in relation to operating under this exemption.

(5) Rail transport operators cannot transfer or assign the exemption conferred by this Notice.

Take further notice that these rail transport operators are exempt pursuant to this Notice—

i. Arc Infrastructure Pty Ltd

ii. Aurizon Operations Limited

iii. Australian Western Railroad Pty Ltd

iv. Australian Rail Track Corporation Limited (ARTC)

v. Australian Railway Historical Society (WA Div) Inc

vi. Australian Terminal Operations Management Pty Ltd

vii. BHP Billiton Nickel West Pty Ltd

viii. BHP Billiton Iron Ore Pty Ltd

ix. Busselton Jetty Inc

x. Carnarvon Heritage Group

xi. City of Busselton

xii. Co-operative Bulk Handling Ltd

xiii. Cockburn Cement Ltd

xiv. Coleman Rail Pty Ltd

xv. CSPB Ltd

xvi. Downer EDI Works Pty Ltd

xvii. EDI Rail—Bombardier Transportation (Maintenance) Pty Ltd

xviii. Freightliner Australia Pty Ltd

xix. Gemco Rail Pty Ltd

xx. Great Southern Rail

xxi. Hotham Valley Tourist Railway WA Inc

xxii. Intermodal Link Services Pty Ltd

xxiii. John Holland Pty Ltd

xxiv. Karara Rail Pty Ltd

xxv. Laing O’Rourke Australia Constructions Pty Ltd

xxvi. Loram Pty Ltd

xxvii. McConnel Dowel Constructors (Aust) Pty Ltd

xxviii. Mid West Ports Authority

xxix. One Rail Australia

xxx. Pacific National Pty Ltd

xxxi. Perth Electric Tramway Society Inc

xxxii. Pilbara Iron Pty Ltd

xxxiii. Public Transport Authority of Western Australia

xxxiv. Qube Logistics (Rail) Pty Ltd

xxxv. R.C. Sadleir Pty Ltd

xxxvi. Rottnest Island Authority

xxxvii. Roy Hill Infrastructure Pty Ltd


xxxviii. Shire of Dowerin

xxxix. Shire of Kojonup

xl. Speno Rail Maintenance Australia Pty Ltd

xli. The Pemberton Tramway Co Pty Ltd

xlii. The Pilbara Infrastructure Pty Ltd

xliii. Twentieth Super Pace Nominees Pty Ltd

xliv. UGL Rail Services Pty Ltd

xlv. Watco WA Rail Pty Ltd

xlvi. Western Australian Light Railway Preservation Association Inc

xlvii. BP Australia Pty Ltd

In accordance with section 203(2)(b), this exemption will automatically cease to operate three calendar months following the publication date of this Gazette.

This exemption can be varied or cancelled at any time by further notice in the Gazette.

PUBLIC NOTICES

ZZ401

TRUSTEES ACT 1962

DECEASED ESTATES

Notice to Creditors and Claimants

Estate of the late George Maxwell Evans of 153 Wellington Street, Mosman Park, WA, 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 30 April 2019 are required to send particulars of their claims to the executor Vincenzo Zappavigna of PO Box 242 Scarborough WA 6922 in writing within one month from the date of this notice after which the executor may convey the assets or distribute the assets having regard only to the claims of which he then has notice.

———————————

ZZ402

TRUSTEES ACT 1962

DECEASED ESTATES


Ross Sellin, late of 72 Mataitai Loop, Cooloongup, 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 3 January 2014, are required by the administrator, Vicki Lee Lovreta of 41 Mayor Road, Coogee WA 6166 to send particulars of their claims to her by 30 May 2020, after which the administrator may convey or distribute the assets, having regard only to the claims of which she then has notice.

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ZZ403

TRUSTEES ACT 1962

DECEASED ESTATES


Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in respect to the Estate of the late Ramona Tewes, late of 39 Oaklands Avenue, Halls Head, Western Australia, who died on 11th March 2020, are required by the Executor Edgar William Hatton to send particulars of their claims to him at The Estate of Ramona Tewes, 16 Fairfield Way, Halls Head, WA, 6210, within one month of this notice, after which date the executor may convey or distribute the assets having regard only to the claims of which he has notice and the executor will not be liable to any person whose claim he has had no notice at the time of the distribution.


ZZ404

TRUSTEES ACT 1962

DECEASED ESTATES


Victoria Lydia Ferguson (also known as Victoria Lydia Flores and Lydia Adeline Victoria Ferguson), late of Villa Dalmacia Aged Care Facility, 27 Gorham Way, Spearwood, Western Australia, deceased (formerly of 30 Ferris Way, Spearwood, Western Australia).

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 15 June 2019, are required by the attorney of the Administrators being Richard Anthony Clarke Cullen of c/- Cullen Macleod Lawyers, PO Box 935, Nedlands WA 6935, to send particulars of their claims to him within one (1) month of the date of publication of this notice after which date the attorney of the Administrators may convey or distribute the assets having regard only to the claims of which he then has had notice.

Dated 21 April 2020.

CULLEN MACLEOD, as solicitors for the Administrators.

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ZZ405

TRUSTEES ACT 1962

DECEASED ESTATES


Adam Robert Joyce late of 11B Camden Street, Dianella, 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 8 December 2019, are required by the Administrators Richard Charles Joyce and Christina Joyce, to send the particulars of their claims care of Gregson & Associates PO Box Z5017 St Georges Terrace, Perth WA 6831 on or before 30 days from the date of publication of this notice after which date the trustee may convey or distribute the assets, having regard only to the claims of which he then has notice.

———————————

ZZ406

TRUSTEES ACT 1962

DECEASED ESTATES


Darren Wayne Delbridge, late of C4/25 Herdsman Parade, Wembley, Western Australia, Engineer, 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 7 January 2019 are required by the legal personal representative Donna Kaye Atkins of c/- Birman & Ride of Level 3, 16 Irwin Street, Perth WA 6000 to send particulars of their claim to her by the date one month from the publication date after which date the legal personal representative may convey or distribute the assets having regard only to the claims of which she then has notice.

———————————

ZZ407

TRUSTEES ACT 1962

DECEASED ESTATES


Estate of Stella Josephine Baxter late of Esperance Aged Care Facility, Randell Street Esperance, in the State of Western Australia.

Creditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in respect to the estate of the deceased who died on the 28th December 2016 are requested to send all claims to the Administrator c/o 29 Frederick Street, Esperance within 30 days of publication of this notice after which date the Administrator may convey or distribute the assets having regard only to the claims of which the Administrator then has notice.


ZZ408

TRUSTEES ACT 1962

DECEASED ESTATES


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 24 May 2020 after which date I may convey or distribute the assets, having regard only to the claims of which I then have notice.

Craig, James (also known as Marshall Caldwell), late of 22 Chedworth Way, Eden Hill, who died on 25 August 2016 (PM33117597 EM27).

Cross, Helen Esther, late of Coolibah Aged Care, 30 Third Avenue, Mandurah, who died on 19 March 2020 (DE19610586 EM37).

Donald, Frances May, late of 31 Bosley Street, Sunset Beach, who died on 11 January 2020 (DE19812825 EM110).

Francis, Helen Ann, late of Unit 4, 92 Whitfield Street, Bassendean, who died on 18 February 2020 (REC19982545 EM45).

Jamieson, Arnold James, late of Unit 3, 64 Keenan Street, Lamington, who died on 3 August 2008 (DE33167728 EM36).

Jones, Roma Elsie, late of 95 Fieldgate Square, Balga, who died on 25 March 2020 (DE19982576 EM24).

Maddigan, Howard Ross, late of Aurrum Aged Care, 321 Diamond Creek Road, Plenty, Victoria, who died on 7 February 2020 (DE19912976 EM36).

Manessis, Chrisostomos (also known as Chris Manessis), late of Hellenic Community Aged Care, 2 Hellenic Drive, Dianella, who died on 21 December 2019 (DE33019929 EM24).

Murray, Kenneth, formerly of Mertome Village, Unit 9, 7 Winifred Road, Bayswater, late of Mertome Village, 30 Winifred Road, Bayswater, who died on 30 November 2019 (DE33109801 EM32).

Nunn, Joan Heath, late of Koh-I-Noor Nursing Home, 34 Pangbourne Street, Wembley, who died on 29 March 2020 (DE33072500 EM110).

Partington, Lilian Irene (also known as Lilian Partington), late of 62 Gwenyfred Road, Kensington, who died on 7 February 2020 (PM33126394 EM27).

Prestage, Bruce Ian, late of 1 French Road, Melville, who died on 11 October 2019 (DE33156614 EM36).

Robson, Sonia Valmai, late of Regents Garden Aubin Grove, 248 Lyon Road, Aubin Grove, who died on 26 February 2020 (DE19600868 EM16).

Tunstall, Edward Stephen, formerly of Bethanie Waters Retirement Village, Villa 49 Proserpine Loop, Port Kennedy, late of Bethanie Waters Retirement Village, 18 Olivenza Crescent, Port Kennedy, who died on 26 November 2019 (DE19792683 EM32).

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

Telephone: 1300 746 212.

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ZZ409

PUBLIC TRUSTEE ACT 1941

ADMINISTERING OF ESTATES

Notice is hereby given that pursuant to Section 14 of the Public Trustee Act 1941 and amendments the Public Trustee has elected to administer the estates of the undermentioned deceased persons.

Dated at Perth on the 24th day of April 2020. BRIAN ROCHE, Public Trustee, 553 Hay Street, Perth WA 6000.

Telephone: 1300 746 212.

————

Name of Deceased Address Date of Death Date Election

Filed

Warren, Valerie Ann (also known as Valerie Warren) (DE33117542 EM36)

Late of Unit 2, 43 Hill View Terrace, East Victoria Park

13 April 2019 14 April 2020

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Documents

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