WESTERN azet GOVERNMENT AUSTRALIAN A not clearly prepared and ... part may be reproduced by any process without written ... in such a manner as to render the tyre unsuitable for retreading

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WESTERN AUSTRALIAN GOVERNMENT A azet

PERTH, TUESDAY, 12 NOVEMBER 1996 No. 172 PUBLISHED BY AUTHORITY JOHN A. STRIJK, ACTING GOVERNMENT PRINTER AT 3.30 PM

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12 November 19961 GOVERNMENT GAZETTE, WA 6301

M 1 0 1 STATUTORY CORPORATIONS (LIABILITY OF DIRECTORS) ACT 1996

(No. 41 of 1996) PROCLAMATION

WESTERN AUSTRALIA By His Exceiiency Major Generai Phiiip Michaei P. M. Jeffery, ) Jeffery, Companion of the Order of Austraiia, Officer

Governor. of the Order of Australia (Military Division), Military [L.S.] Cross, Governor of the State of Western Australia.

I, the Governor, acting under section 2 of the Statutory Corporations (Liability of Directors) Act 1996, and with the advice and consent of the Executive Council, fix 1 December 1996 as the day on which that Act comes into operation. Given under my hand and the Public Seal of the State on 5 November 1996. By His Excellency's Command,

PETER FOSS, Attorney General. GOD SAVE THE QUEEN !

VOCATIONAL EDUCATION AND TRAINING ACT 1996 (No. 42 of 1996) PROCLAMATION

WESTERN AUSTRALIA By His Exceiiency Major Generai Phiiip Michaei P. M. Jeffery, ) Jeffery, Companion of the Order of Austraiia, Officer


I, the Governor, acting under section 2 of the Vocational Education and Training Act 1996, and with the advice and consent of the Executive Council, fix 1 January 1997 as the day on which the provisions of that Act, other than Part 7 and Schedule 2, come into operation. Given under my hand and the Public Seal of the State on 5 November 1996. By His Excellency's Command,

N. F. MOORE, Minister for Employment and Training.

GOD SAVE THE QUEEN !

M 3 0 1 CURTIN UNIVERSITY OF TECHNOLOGY AMENDMENT ACT 1996

(No. 35 of 1996) PROCLAMATION

WESTERN AUSTRALIA By His Exceiiency Major Generai Phiiip Michaei P M. Jeffery, ) Jeffery, Companion of the Order of Austraiia, Officer


I, the Governor, acting under section 2(2) of the Curtin University of Technology Amendment Act 1996, and with the advice and consent of the Executive Council, fix the day after the day of publication in the Government Gazette as the day on which Part 2 of that Act comes into operation. Given under my hand and the Public Seal of the State on 5 November 1996. By His Excellency's Command,

COLIN BARNETT, Minister for Education.

GOD SAVE THE QUEEN !

6302 GOVERNMENT GAZETTE. WA r12 November 1996

CM301

SANDALWOOD ACT 1929

SANDALWOOD (LIMITATION OF REMOVAL OF SANDALWOOD) ORDER 1996

Made by the Lieutenant-Governor and deputy of the Governor in Executive Council.

Citation

1. This order may be cited as the Sandalwood (Limitation of Removal of Sandalwood) Order 1996.

Limitation

2. (1) The uantity of sandalwood that may be pulled or removed from Crown land an ! alienated land during each period to which this subclause applies is limited to a total of 3 000 tonnes, comprising -

(a) a total of 1 500 tonnes of green sandalwood; and

(b) a total of 1 500 tonnes of dead sandalwood.

(2) Subclause (1) applies to - (a) the period commencing on 1 July 1996 and ending on 30 June

1997; and

(b) each succeeding period commencing on 1 July and ending on the next 30 June.

1995 order repealed

3. The Sandalwood (Limitation of Removal of Sandalwood) Order 1995* is repealed.

[* Published in Gazette 22 August 1995, pp. 3789-90.1

By Command of the Lieutenant-Governor and deputy of the Governor,

J. PRITCHARD, Clerk of the Council.

CS401 CENSORSHIP ACT 1996

NOTICE OF EXEMPTION

I, Cheryl Lynn Edwardes, being the Minister administering the Censorship Act 1996 acting in the exercise of the powers conferred by subsection 2 of section 70 of that Act, do hereby exempt drive-in theatres from the requirements of subsection 1 of section 70 of that Act.

CHERYL LYNN EDWARDES, Minister for Fair Trading.


EP301 ENVIRONMENTAL PROTECTION ACT 1986

ENVIRONMENTAL PROTECTION AMENDMENT REGULATIONS (No. 4) 1996

Made by His Excellency the Governor in Executive Council on the recommendation of the Environmental Protection Authority.

Citation

l. These regulations may be cited as the Environmental Protection Amendment Regulations (No. 4) 1996.

Principal regulations

2. In these regulations the Environmental Protection Regulations 198P are referred to as the principal regulations.

[* Reprinted as at 4 December 1995.1

Regulation 11 amended

3. Regulation 11 (1) of the principal regulations is amended - by inserting after "13," the following -

by insertin before the definition of "licensed premises" the following de f inition - 66

"approved site" means a landfill site - (a) set apart by a local government under

section 119 of the Health Act 1911;

(b) licensed under Part V of the Act; or

(C) approved by the Chief Executive ORcer; n.

9

by deleting the full stop a t the end of the definition of "tyre" and substituting a semicolon; and

by inserting after the definition of "tyre" the following definitions - 66

"Tyre Landfill Exclusion Zone" means the ar!a comprising the local government districts specified m Schedule 4;

"tyre retailer" means a person who carries on a business which principally consists of the sale of tyres b retail or the fitting of tyres, or a combination o r those activities.


4. Regulation 12 of the principal regulations is amended - (a) by inserting after "For the purposes of' the following -

" paragraph (c) of ";

6304 GOVERNMENT GAZETTE, WA [l2 November 1996

(b) by inserting after "section 3" the following - " (1) "; and

(C) by deleting "kind of pollutionn and substituting the following - " alteration of the environment ".

Regulation 13A inserted

5. After regulation 13 of the principal regulations the following regulation is inserted - U

Tyre retailer not t o damage used tyres

13A. (1) A tyre retailer shall not, except in accordance with written approval given by the Chief Executive OAicer -

(a) cut or otherwise damage a used tyre; or

(b) cause or permit a used tyre to be cut or otherwise damaged,

in such a manner as to render the tyre unsuitable for retreading.

Penalty: $200.

(2) For the purposes of subregulation (1) the Chief Executive Officer may ve ap roval subject to such conditions specified in the approval as tl$. ~ h i e f ~ x e c u t i v e OAicer thinks fit.

n


6. Regulation 14 of the principal regulations is amended - (a) by inserting after the regulation designation "14." the

subregulation designation "(1)";

(b) by deleting paragraph (b) and substituting the following paragraph - U

(b) by the method described in subregulation (2) a t an approved site located - (i) in the Tyre Landfill Exclusion Zone if the

written approval of the Chief Executive Oficer has first been obtained; or

(ii) in an local overnment district outside the Tyre Endfill fxclusion Zone;

(C) in paragraph (c) by inserting before "any other method" the following -

(d) by inserting the following subregulation -

(2) For the purposes of subre lation (1) (b) t es may

than 500 mm - P F be disposed of by burial under a inal soil cover o not less

pieces;


(b) in batches separated from each other b a t

more than 1 000 whole tyres; or B least 100 mm of soil and each consisting o not

(C) in the case of tyres in an volume or number in a dump existin Jecember 1992, a t the location of that f 2 p P 4

in accordance with such conditions as are imposed by the Chief Executive Oficer in respect of that burial for the purpose of ensurin that drainage, safety, soil erosion and soil stability at, an% in the vicinity of, the site of that burial are adequately controlled. n

Schedule 3 amended

7. Schedule 3 to the rinci a1 regulations is amended in item l (t) by inserting after ''to be useias' ' tRe following - " used ".

Schedule 4 added

8. After Schedule 3 to the principal regulations the following Schedule is added - 66

SCHEDULE 4 [regulation 11 (l)]

TYRE LANDFILL EXCLUSION ZONE

PART 1 - METROPOLITAN

Armadale Bassendean Ba swater r Be mont Cambridge Canning Claremont Cockburn Cottesloe East Fremantle

PART 2 - COUNTRY

Beverley Boddington Brookton Chittering

Fremantle Gosnells Kalamunda Kwinana Melville Mosman Park Mundaring Nedlands Pep ermint Grove % Pert

Recommended by the Environmental Protection Authority

Rockingham Ser entine-

Qarrahdale South Perth Stirling Subiaco Swan Victoria Park Vincent Wanneroo

Northam (Shire) Tood ay wan$ering York n

R. STEEDMAN, Chairman,

By His Excellency's Command,


6306 GOVERNMENT GAZETTE, WA [ l 2 November 1996

F1401 FISH RESOURCES MANAGEMENT ACT 1994

ONSLOW PRAWN MANAGEMENT PLAN AMENDMENT 1996

FD 134175 Made by the Minister under section 54.

Citation 1. This amendment may be cited as the Onslow Prawn Management Plan Amendment 1996.

Principal Plan 2. In this Plan the Onslow Prawn Management Plan 1991X is referred to as the principal Plan.

Arrangement amended 3. The arrangement to the principal Plan is amended by inserting after item 19 the following-

" 19A. Offences and major provisions 19B. Procedure before this Plan may be amended ".

Clause 2 amended 4. Clause 2 of the principal Plan is amended-

(a) in the item commencing "area" by deleting "item 2 of the" and inserting after "Schedule" the following- " 2 ";

(b) by deleting the item commencing licence and substituting the following- " "licence" means a managed fishery licence granted by the Executive Director; " and

(C) by inserting in alphabetical order the following items- (i) " "authorised boat" means-

(a) a licensed fishing boat the name, licensed fishing boat number and length of which are specified in a licence; or

(b) a boat specified in a written authority under regulation 132 where that boat is to used in place of a boat described in (a); "; and

(ii) " "Regulations" means the Fish Resources Management Regulations 1995; ".

Clause 10 repealed and substituted 5. Clause 10 of the principal Plan is repealed and the following clause substituted-

" 10. (1) The holder of a permit, or a person acting on that person's behalf must not fish for prawns at any time in any area of the Fishery other than in the areas, and during the permitted dates and times, specified in a notice in writing by the Executive Director made in accordance with subclause (2). (2) Where the Executive Director is of the opinion that it is in the better interests of the Fishery to do so, the Executive Director may by notice in writing to all permit holders,-

(a) prohibit fishing for prawns in the Fishery or in any part of the Fishery; or (b) permit fishing for prawns in the Fishery or in any part of the Fishery. ".

Clause 12 amended 6. Clause 12 of the principal Plan is amended by inserting after subclause (5) the following subclause-

" (6) A person may anchor an authorised boat in the area within 0.5 nautical miles of the high water mark of Fortescue Island, Shoal Island, Round Island, Long Island, Middle Island, Angle Island, Passage Island, South Passage Island or Beagle Island provided that the otter boards and trawl nets are securely attached to the boat and kept clear of the water at all times. ".

Clauses 19A and 19B inserted 7. The principal Plan is amended by inserting after clause 19 the following clauses-

" Offences and major provisions 19A. A person who contravenes a provision of-

(a) clause 4, 5, 10, 11, 12, 15 or 17; or (b) clause 16,

commits an offence and for the purposes of section 75 of the Act the provisions described in subclause (a) are major provisions.


Procedure before amending this Plan 19B. For the purposes of section 65(1) of the Act the licensees are the persons who are to be consulted before this Plan is amended or revoked. ".

Schedule 3 amended 8. Schedule 3 of the principal Plan is amended by deleting items 3 and 4 and substituting the following item-

" 3. Fortescue Nursery All waters bounded by a line commencing from the high water mark at Robe Point and extending northwesterly to the light house on Great Sandy Island; thence northeasterly to the high water mark on the northern most point on Passage Island; thence northeasterly to the high water mark on the western most point ofAngle Island; thence northerly to the high water mark on the southern most point of Round Island; thence northeasterly to the high water mark on the southern most point of Sholl Island; thence northeasterly to the high water mark on the northern most point of Fortescue Island; thence northeasterly to the high water mark at Cape Preston and thence along the high water mark in a southwesterly direction to the commencement point. ".

Schedule 4 repealed 9. Schedule 4 of the principal notice is repealed and the following schedule substituted-

" Schedule 4 (Clause 10) 1. All the waters of Area 1 excluding the Ashburton Nursery. 2. All the waters of Area 2 excluding the Coolgra Point Nursery.

3. All the waters of Area 3 excluding the Fortescue Nursery 4. All the waters of the Fortescue Nursery ".

[*Published in the Gazette of 22 March 1991. For amendments to 23 April 1996 see Notice No. 519 published in the Gazette of 29 November 1991, Notice No. 529 published in the Gazette of 31 January 1992, erratum published in the Gazette of 7 January 1992, Notice No. 594 published in the Gazette of 26 March 1993, Notice No. 644 published in the Gazette of 11 March 1994, Notice No. 692published in the Gazette of 3 February 1995 andprinters correction published in the Gazette of 14 March 1995. See regulation 183 of the Fish Resources Management Regulations 1995 concerning the citation of notices made under the Fisheries Act 1905 immediately before the commencement of those regulations.]

Dated this 6th day of November, 1996.

MONTY HOUSE, Minister for Fisheries.

HE301 HEALTH ACT 1911

Town of Northam

Pursuant to the provisions of the Health Act 1911, the Town of Northam having adopted the Model By-Laws Series "A" in the Government Gazette of 8 July 1964 made under the HealthAct 1911, and as amended from time to time, has resolved and determined that the adopted by-laws shall be amended as follows-

1. PART I-GENERAL SANITARY PROVISIONS

By-law 37 is amended in the second line by deleting the words "marine stores".

2. PART IX-OFFENSIVE TRADES

2.1 Section A-General is amended-

(i) in By-law 14 by deleting from the list of trades-

"Wool-scouring establishments"

"Soap and candle works"

(ii) in By-law 15 deleting from the list of trades-

"Wool-scouring establishments"

"Fish shops"

"Soap and candle works"

(iii) by deleting Schedule D.

6308 GOVERNMENT GAZETTE, WA 112 November 1996

2.2 Delete the following-

Section L-Wool Scouring Establishments Section N-Fish Shops Section P-Marine Stores Section R-Chemical Works

Passed by resolution a t a meeting of the Northam Town Council held on the 26th day of June 1996. Dated this 15th day of July 1996.

J. E. SMITH, Mayor. D. S. BURNETT, Chief Executive Officer.

Confirmed- C. F. QUADROS, delegate of Executive Director, Public Health.

Approved by His Excellency the Governor in Executive Council on the 5th day of November 1996.


HE302 HEALTH ACT 191 1 Shire of West Arthur

Pursuant to the provisions of the Health Act 1911, the Shire of West Arthur, having adopted the Model By-Laws Series 'A' in the Government Gazette of 28 February 1964, made under the Health Act 1911, and as amended from time to time, has resolved and determined that the adopted by-laws shall be amended as follows-

1. In PART I-GENERAL SANITARY PROVISIONS By-law 37 is amended in the second line by deleting the words 'marine stores,'.

2. In PART IX-OFFENSIVE TRADES 2.1 Section A-General is amended-

(i) in By-law 14 by deleting from the list of trades- "Wool-scouring establishments" "Soap and candle works"

(ii) in By-law 15 by deleting from the list of trades- "Wool-scouring establishments" "Fish shops" "Soap and candle works"

(iii) by deleting Schedule D 2.2 Delete the following-

Section L-Wool Scouring Establishments; Section N-Fish Shops; Section P-Marine Stores; and Section R-Chemical Works.

Passed by resolution a t a meeting of the Shire ofwest Arthur held on the 24th day ofApril 1996. Dated this 30th day of May 1996.

D. M. JOHNSTON, President. K. T. O'CONNOR, Shire Clerk.

Confirmed- C. F. QUADROS, delegate of Executive Director, Public Health.

Approved by His Excellency the Governor in Executive Council on the 5th day of November 1996.



HE303 HEALTH ACT 191 1

Town of Kwinana BY-LAW NO. 29B RELATING TO THE KEEPING OF PIGEONS

The Town of Kwinana being a Local Health Authority under the provisions of the Health Act and having adopted the Model By-Laws made under the Act in pursuance of the powers conferred upon it by the Act and all other powers enabling it hereby makes and pub- lishes the following By-Law: 1. In this By-Law, the Model By-Laws adopted by the Town of Kwinana by resolution

published in the Government Gazette of 28 February 1964 and amended from time to time are referred to as "The Principal By-Laws".

2. The Principal By-Laws are amended by deleting in Part l-General Sanitary Provi- sions By-Law 29B and substituting the following Heading and By-law 29B.

KEEPING OF PIGEONS 29B (1) In this By-Law:

"Code of Practice" means the Code of Practice-Pigeon Keeping and Pigeon Racing, International Standard Book Number (ISBN 0 958 6677 0 5), Part 1 (ISBN 0 958 6677 2 l ) , Part 2 (ISBN 0 958 6677 1 3) published May 1994, amended from time to time and approved by the Pigeon Rac- ing Federation of WA (Incorporated) and the Independent Racing Pigeon Federation Inc.

"Council" means the Council of the Town of Kwinana. "District" means the Municipal district of the Town of Kwinana. "Food Premises" means a Food Premises as defined under Part viii Section

246G of the Health Act. "Grouped Dwelling" means a dwelling which is one of a group of two or more

dwellings on the same lot such that no dwelling is placed wholly or partly vertically above another, except where special conditions of landscape or topography dictate otherwise.

"Manager Health Services" means an Environmental Health Officer appointed by Council to the office of Manager Health Services and includes Acting Manager Health Services."

"Scheme" means the Town of Kwinana Town Planning Scheme and includes any amendments thereto or any review thereof.

"Vector of Disease" means an arthropod or rodent that transmits an infectious agent from a source or reservoir to a person.

'Young Birds" means any birds under 24 days of age and are recognised as birds without feathers on the flesh under their wings.

(2) (i) (a) No person shall keep pigeons on any land within the District without lodging an application to register the premises for the keeping of pigeons substantially in the form of Schedule 2, paying the annual registration fee prescribed in Schedule 1 and prior to written approval being granted substantially in the form of Schedule 3 to register the premises.

(b) Pigeons shall not be kept on any land which is classified in the Scheme:

for a Caravan Park; as Industrial Land; or as Light Industrial land.

Except where an application is received to keep pigeons under Clause 9(1) on Light Industrial land which also includes a caretaker's residence, such application may be considered for approval. Council or the Manager Health Services may either approve the application with or without conditions relating to the requirements of this by- law or refuse the application in accordance with this By-Law.

(ii) The occupier of any Commercial premises so classified in the Scheme and approved as a Pet Shop, may keep up to 10 pigeons for immediate retail sale.

(iii) The occupier of every other premises approved to keep pigeons shall make an annual application in writing to the Council substantially in the form of Schedule 2 and pay the Council an Annual Registration Fee as shown in Schedule 1 on or before 30 June each year.

(iv) With every application for original registration there shall be lodged with the application plans, specifications, drawings, particulars and information as the Council or the Manager Health Services may require.

(v) Upon receipt of an application the Council or the Manager Health Serv- ices shall cause such premises for which the application is made to be inspected by an Environmental Health Officer who shall report upon the

63 10 GOVERNMENT GAZETTE, WA [ l 2 November 1996

sufficiency of such premises and the compliance of all Acts, Regulations, By-laws, Orders and Rules in force within the District a t the time in regard to the premises.

(vi) If upon such application and report being submitted, it shall appear to the Council or the Manager Health Services that the application for registration be granted, it shall, subject to the person complying with these By-Laws and all other Acts, Regulations, By-Laws and Rules as shall be in force at the time and upon being paid the registration fee prescribed in Schedule 1 register such premises by issuing a certificate substantially in the form of Schedule 3 for such premises.

(3) All pigeons shall be kept confined continuously in cages, enclosures and lofts which are approved by the Manager Health Services except that registered homing pigeons and registered racing pigeons may be released in accordance with Clause 10 of the By-Law.

(4) (i) No cage, enclosure or loft shall be located nearer than 1.2 metres from the boundary of land in another occupation, 9 metres from any dwelling house, church, school room, hall, factory, dairy or Food premises 18 metres from any street or road, except in cases of a corner property or cul-de-sac street, or a property which abuts two streets, when the minimum distance from any street or road reserve shall be not less than 9 metres.

(ii) Where an application is received in accordance with Clause (2)(i)(a) and the number of pigeons exceed 20 in accordance with Clauses 9(1) and 9(2), Council may increase the 9 metre minimum distance of the loft from any premises specified in Clause 4(i) by virtue of the number of pigeons proposed to be kept, the location of other premises including residential premises or any other reason that is likely to cause a nuisance to contiguous owners/occupiers as identified via the consultation process required under Clauses 9(1) and 9(2).

(5) (i) The cage, enclosure or loft used to house the pigeons, shall be constructed to a t least the following specifications and approved prior to registration, by the Manager Health Services:

(a) The floor shall be smooth impervious concrete, be not less than 50mm thick and graded evenly to the front. The floor in the case of an elevated loft, shall be made from other smooth impervious material or in compliance with the Code of Practice and be at least 20cm off the ground;

(b) The frames and box perch shall be flat sided sawn timber, finished to a smooth surface allowing for robust cleaning using a sharp implement.

(C) Cladding shall be smooth fibro cement sheeting, sheet metal, brick, or other smooth material and which can be easily cleaned. Where applicable, the cage, enclosure or loft shall be lined internally in accordance with the Code of Practice;

(d) The roof shall be smooth corrugated fibro cement. tiles, sheet metal or other smooth roofing materral approved by the ~ a n a ~ e r Health Services and shall have sufficient slope to shed stormwater;

(e) The cage, enclosure or loft shall be designed with a minimum internal height from floor to ceiling height of 1.65m measured at the walls and constructed in a sound, weatherproof manner and be of sufficient height and size to allow easy entry for cleaning but shall not exceed 3.0m in overall height;

(f) Provision shall be made to provide adequate ventilation to the cage, enclosure or loft during hot weather but all openings must be screened with metal or wooden dowelling with external dowelling set down into a solid splash board of minimum height above the floor of 5OOmm, or wire mesh with a maximum mesh size of 50mm square or 50mm diameter.

(g) The size shall be sufficient for the number of birds proposed to be kept therein and allow for any shelter, food and receptacles and the minimum space per pigeon shall be not less than the requirements in the Code of Practice.

(ii) (a) If a structure, enclosure or loft is used for the keeping of pigeons contrary to the provisions of clause 5(i), Council or the Manager Health Services may direct the owner or occupier to remove it.

(b) An owner or occupier shall comply with a direction from the Council or Manager Health Services under this clause.

(iii) (a) The Council or Manager Health Services may order an owner or occupier of a house or land or trees in or on which pigeons are, or are in the habit of nesting or perching, to take adequate steps to prevent them continuing to do so. Where the pigeons are considered to be feral, Council or the Manager Health Services may also direct that the owner or occupier eradicate the pigeons.


(b) An owner or occupier shall comply with a direction from the Council or Manager Health Services under this clause.

(6) All cages, enclosures and lofts shall be kept clean and maintained in good order and condition at all times and the minimum standard shall be that specified in the Code of Practice.

(7) (i) All food shall be kept dry in fly, rodent and vectors of disease proof storage containers with tight fitting lids except that where 25kg or larger bags of grain are stored in bulk, they shall be stored on racks raised 150mm off the floor and adequate rodenticide baits shall be placed to the satisfaction of an Environmental Health Officer, to control rodents.

(ii) All waste, including husks, seed, feathers, dead birds and faecal matter shall be placed in plastic or double lined paper garbage bags, as soon as it is cleaned from the cage and the bags securely tied. The garbage bags shall be immediately deposited in an approved rubbish receptacle, pursuant to Council's health by-laws. Such receptacles shall have a tight fitting lid and be inaccessible to flies, rodents and other vectors of disease.

(iii) All food containers and rubbish receptacles shall be kept clean and maintained in good order and condition at all times.

(8) (i) The surrounds of every cage, enclosure or loft shall be kept clean and the premises, including every cage, enclosure or loft, food storage areas and land immediately surrounding every cage, enclosure or loft shall be kept free from waste, disused matter and any material or thing which may attract or provide harborage for flies, rodents and other vectors of disease at all times.

(ii) The occupier shall clean, disinfect, trap or bait flies, rodents and vectors of disease or otherwise deal with the pigeons, cages, equipment and ap- pliances, storage areas and land immediately surrounding the cage as directed by the Environmental Health Officer from time to time.

(9) The maximum number of pigeons kept must not exceed 20, excluding the young birds on any land except: (i) that any person who on or before 30 June each year produces to the Coun-

cil, satisfactory proof that they are a current financial member of a recognised incorporated Racing Pigeon body, or are a registered Pigeon Fan- cier, may be permitted to keep up to 150 pigeons excluding the young birds on any land zoned Residential, Special Residential, Special Rural or Rural and Light Industrial with a Caretaker's residence, subject to the written opinion being sought from all contiguous owners/occupiers whose property abuts the applicant's property prior to the application being considered for approval in accordance with Clause (2)(iv).

(ii) that any person who makes application under Clause (2) to Council to keep pigeons on land zoned under the Scheme for Grouped Housing and approved for two or more housing units shall have the application subject to seeking the written opinion of all contiguous owners/occupiers whose property abuts the applicant's property prior to the application being considered for approval in accordance with Clause (2)(iv).

(10) (i) A person who is approved to keep Registered Homing or Racing Pigeons may only release them for exercise between the hours set out in the Code of Practice, unless otherwise authorised in writing by the Manager Health Services or subject to Clause lO(iii).

(ii) Not more than 60 registered Homing or Racing pigeons shall be released for exercise or training at any one time.

(iii) Where the Council or the Manager Health Services receives any objec- tions during consultation under Clause 9(1) or 9(2), or a complaint about a nuisance after approval has been granted to keep up to 150 pigeons, Council may vary the hours for release and impose any conditions deemed necessary to minimise any nuisance from the pigeons or any associated activity

(11) Where there is any discrepancy between By-Law 29B relating to the Keeping of Pigeons and the Code of Practice, the higher standard of construction and hygiene shall prevail and have effect from the date of confirmation in writing by Council or the Manager Health Services to the applicant or person approved to keep pigeons.

(12) The Council or the Manager Health Services may cancel, refuse to approve or renew the registration of a premises for the keeping of pigeons for the following reasons: (a) That the premises are not maintained in accordance with the By-Law; (b) That the cages, enclosures or loft have fallen into disrepair, are unclean

or infested with vectors of disease; (C) That the pigeons are being released outside the times permitted in clause

10 of this By-law or as approved by the Manager Health Services;

63 1 2 GOVERNMENT GAZETTE, WA [ l 2 November 1996

(d) That a condition imposed pursuant to the By-Law has not been complied with;

(e) Where the person has two or more prior convictions under this By-Law. (13) Any person who makes a false statement in connection with any application

under this By-Law shall be guilty of an offence. (14) Any person who commits an offence, fails to comply with this By-Law or con-

dition imposed pursuant to this By-Law or any direction of Council or an En- vironmental Health Officer under the provisions of this By-Law commits an offence and shall be liable to- (a) A penalty which is not more than $1,000 and not less than-

(i) In the case of a first such offence ................... .... ......... $100 (ii) In the case of a second such offence ................................... $200

...................... (iii) in the case of a third or subsequent offence $500 and

(b) If that offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50 shall apply.

SCHEDULE 1 Registration fee payable on or before 30 June each year.

Keeping of up to 20 Pigeons (excluding young birds) .................... ....... ... $15.00 Keeping of more than 20 and up to 150 Pigeons (excludes young birds) ........... $25.00

SCHEDULE 2 Town of Kwinana

HEALTH ACT 191 1 Application for Registration of Premises for the Keeping of Pigeons

To: The Chief Executive Officer Town of Kwinana PO Box 21 Kwinana 6167

I .................................................................................. (FULL NAME IN BLOCK LETTERS) ...................... .... ......................................................... (FULL RESIDENTIAL ADDRESS)

being the owner/occupier (delete one) of the premises situated a t .......................................

hereby make application for approval to keep up to ............................................................ pigeons excluding the young birds of those pigeons on the above premises. Plans and specifications are attached in accordance with Clause (2)(iv) of the By-Law. The premises are zoned as: * commercial

* residential * special residential * special rural * rural * light industrial with Caretaker's house

(* delete those not applicable) Dated this .................................... day of ............................................. 19 ............. ............................................................................... Signature of Applicant

SCHEDULE 3 Town of Kwinana

HEALTH ACT 191 1 Certificate of Registration to Keep Pigeons

This is to certify that the premises situated at ...................................................................... and occupied by ................... ... .............................................................................................. are registered as premises upon which pigeons may be kept until the 30th day of June


next following the date of issue of this certificate unless this Certificate of Registration is previously cancelled. 'The maximum number of pigeons excluding young birds to be kept on the premises a t any one time is .................................. This certificate is issued subject to compliance with the Health Act Regulations and By- laws from time to time in force thereunder and any conditions imposed pursuant to the By-Law Relating to the Keeping of Pigeons. Dated this .................................... day of ............................................. 19 ............. ...............................................................................

MANAGER-HEALTH SERVICES

NOTES 1. This certificate is invalid unless accompanied by a receipt bearing the imprint of the

Town of Kwinana cash register. 2. This certificate is not transferable. 3. This certificate is to be available a t all times a t the premises registered herein and

shall be produced when requested to do so by an Environmental Health Officer. 4. Where more than 20 pigeons are to be kept the certificate holder shall produce the

appropriate recognised body proof of membership when requested by an Environ- mental Health Officer.

Passed by resolution a t a meeting of the Town of Kwinana on the 8th day of May 1996. Dated this 22nd day of May 1996. The Common Seal of the Town of Kwinana was hereto affixed in the presence of-

J. H. D. SLINGER, Mayor. R. K. SMILLIE, Chief Executive Officer.

Confirmed-

C. F. QUADROS, Delegate of Executive Director Public Health.

Approved by His Excellency, the Governor, in Executive Council on this 5th day of Novem- ber 1996.


HE401 NURSES ACT 1992

NURSES BOARD OF WESTERN AUSTRALIA APPOINTMENTS INSTRUMENT (No. 4) 1996 Made by the Minister for Health under section 6(1) of the Nurses Act 1992.

Citation 1. This instrument may be cited as the Nurses Board of Western Australia Appointments Instrument (No. 4) 1996.

Commencement 2. This instrument is to take effect on and from the day on which it is made by the Minister.

Appointments 3. Under section 6(l)(h) and on the nomination of the Edith Cowan University Bronwyn Jones is appointed as a member of the Nurses Board of Western Australia for the period ending 28 October 1997. Dated this 6th day of November 1996.

KEVIN PRINCE, Minister for Health.

6 3 1 4 GOVERNMENT GAZETTE, WA [ l 2 November 1996

LB301 LAND ACQUISITION AND PUBLIC WORKS ACT 1902

SALE OF LAND Notice is hereby given that His Excellency the Governor has authorised under Section 29(7)(a)(ii) of the Land Acquisition and Public Works Act 1902 of the sale by public auction or private contract of the land hereinafter described, such land being no longer required for the work for which it was acquired.

LAND File No. 20901996

Albany Lot 1283 comprising Reserve 44503 as is shown on DOLA Diagram 82111 File No. 21521996

Portion of each of KatanningTown Lots 452,455 and 456 and being Lot 13 on Plan 4631, being the whole of the land contained in Certificate of Title Volume 1475 Folio 772. Portion of Katanning Suburban Lot 7 and being Lot 17 on Plan 3212 and being the whole of the land contained in Certificate of Title Volume 1375 Folio 410.

File No. 21561996 Portion of Narrogin Lot 1272 and being Lot 17 on Plan 7294 and being the whole of the land contained in Certificate of Title Volume 128 Folio 82A.

File No. 22341996 Pingelly Lot 206 being the whole of the land contained in Certificate of Title Volume 1173 Folio 309.

File No. 39851953 Wyndham Lot 1770 comprising Reserve 44621 as is shown on DOLA Diagram 92850.

Dated this 5th day of November 1996.

A. A. SKINNER, Chief Executive.

Ex CO No. 0919 File No. MRWA 42-84-43

File No. DOLA 266811991 LAND ACQUISITION AND PUBLIC WORKS ACT 1902

LAND RESUMPTION Widening of the Mandurah-Pinjarra RoadSouth Yunderup Road Intersection

NOTICE is hereby given, and it is hereby declared, that the several pieces or parcels of land described in the Schedule hereto, being all in the Murray District have, in pursuance of the written approval and consent of His Excellency the Governor, acting by and with the advice of the Executive Council, dated the 13th day ofAugust 1996, been set apart, taken, or resumed for the purposes of the following public work, namely: Widening of the Mandurah-Pinjarra RoadSouth Yunderup Road Intersection (SLK Section 13.29)-Shire of Murray. And further notice is hereby given that the said pieces or parcels of land so set apart, taken, or resumed are marked off and more particularly described on the Plans specified in the Schedule, which may be inspected at Main Roads Western Australia, Waterloo Crescent, East Perth. The additional information contained in the Schedule after the land descriptions is to define locality only and in no way derogates from the Transfer of Land Act description. And it is hereby directed that the said lands shall vest in Her Majesty for an estate in fee simple in possession for the public work herein expressed, freed and discharged from all trusts, mortgages, charges, obligations, estates, interests, rights-of-way, or other easements whatsoever.

Schedule

Plan Owner or Reputed Occupier or Reputed Description Area MR No. Owner Occupier

96-125 A & M Paterson A & M Paterson Pty Portion of Murray Location 102 m2 Pty Ltd Ltd 15 and being part of the

land comprised in Certificate of Title Volume 1896 Folio 698

Certified correct this 29th day of July 1996. HENDY COWAN, Minister for Transport.

Dated this 13th day of August 1996. MICHAEL JEFFERY, Governor in Executive Council.


LB702* Ex CO No. 0772

File No. MRWA 42-23-GV File No. DOLA 166611996

LAND ACQUISITION AND PUBLIC WORKS ACT 1902 LAND RESUMPTION

Road Widening-Old Coast Road (Highway H2 Perth-Bunbury 127.9-135.6 SLK) NOTICE is hereby given, and it is hereby declared, that the several pieces or parcels of land described in the Schedule hereto, being all in the Harvey District have, in pursuance of the written approval and consent of the Lieutenant-Governor and deputy of the Governor, acting by and with the advice of the Executive Council, dated the 2nd day of July 1996, been set apart, taken, or resumed for the purposes of the following public work, namely: Road Widening-Old Coast Road-Shire of Harvey And further notice is hereby given that the said pieces or parcels of land so set apart, taken, or resumed are marked off and more particularly described on the Plans specified in the Schedule, which may be inspected at Main Roads Western Australia, Waterloo Crescent, East Perth. The additional information contained in the Schedule after the land descriptions is to define locality only and in no way derogates from the Transfer of Land Act description. And it is hereby directed that the said lands shall vest in Her Majesty for an estate in fee simple in possession for the public work herein expressed, freed and discharged from all trusts, mortgages, charges, obligations, estates, interests, rights-of-way, or other easements whatsoever.

Schedule


95-12 Coast Pastoral Company Pty Ltd

95-13 Peter Joseph Coyne and Nancy Lillian Coyne

95-14 Giuseppe Logiudice and Virginia Beatrice Logiudice

95-16 Giacci Holdings Pty Ltd

95-17 Giacci Holdings Pty Ltd

WA Chip and Pulp CO Pty Ltd Lessee vide Leases E740492 and E924210, Bunnings Tree Plantations Ltd Caveator vide Caveat E659358 and Commissioner of Main Roads vide Caveat F821504 Commissioner of Main Roads vide Caveat F762273

Commissioner of Main Roads vide Caveat F790627



Portion of Wellington 4244 m2 Location 48 and being Lot 2 on Diagram 36635 now contained in Plan 20313 and being part of the land comprised in Certificate of Title Volume 1396 Folio 166.

Portion of Wellington 2.9785 ha Location 48 and being Lot 125 on Diagram 59932 now contained in Plan 20313 and being part of the land comprised in Certificate of Title Volume 1593 Folio 575. Portion of Wellington 2.1034 ha Location 48 and being Lot 124 on Diagram 59932 now contained in Plan 20313 and being part of the land comprised in Certificate of Title Volume 1938 Folio 942. Portion of Wellington 2.6903 ha Location 48 and being Lot 122 on Diagram 59932 now contained in Plan 20313 and being part of the land comprised in Certificate of Title Volume 1593 Folio 572. Portion of Wellington 2.6344 ha Location 48 and being Lot 121 on Diagram 59932 now contained in Plan 20314 and being part of the land comprised in Certificate of Title Volume 1593 Folio 571.

63 16 GOVERNMENT GAZETTE, WA [ l 2 November 1996


95-18 Giacci Holdings Commissioner Portion of Wellington 3.0370 ha Pty Ltd of Main Roads Location 48 and being Lot

vide Caveat 120 on Diagram 59932 F782448 now contained in Plan

20314 and being part of the land comprised in Certificate of Title Volume 1593 Folio 570.

95-19 Coral Dawn Payton

95-20 John Conochie Lewis one undivided sixth share, Peter John Lewis one undivided sixth share, Raymond Ernest Craggs two undivided sixth shares and Marjorie Brenda Ballingall two undivided sixth shares

95-21 Nellie Clara Mander Tothill and Geoffrey Edward Wilmot Tothill

Bunnings Tree Plantations Ltd Caveator vide Caveat E659357 and Commissioner of Main Roads



.22 Giuseppe G A Papalia & Antonio Papalia D M Papalia and Domenica and Maria Papalia Commissioner

of Main Roads via Caveat F950828

95-23 Thomas Frank Commissioner Rose of Main Roads

via Caveat F962113

95-24 Thomas Frank Commissioner Rose of Main Roads

via Caveat F962113

Portion of Wellington Location 48 and being Lots 2 and 3 on Diagram 36882 now contained in Plan 20314 and being part of the land comprised in Certificate of Title Volume 303 Folio 48A.

Portion of Wellington Location 48 and being part of Lot 7 on Diagram 34501 now contained in Plan 20314 and being part of the land comprised in Certificate of Title Volume 1880 Folio 236.

Portion of Wellington Location 48 and being part of the land on Diagram 2491 now contained in Plan 20314 and being part of the land comprised in Certificate of Title Volume 1453 Folio 251.

Portion of Wellington Location 48 and being part of the land on Diagram 1140 now contained in Plan 20312 and being part of the land comprised in Certificate of Title Volume 1453 Folio 250.

Portion of Wellington Location 48 and being Lot 3 on Diagram 65867 now contained in Plan 20312 and being part of the land comprised in Certificate of Title Volume 1677 Folio 728.

Portion of Wellington Location 48 and being Lot 2 on Diagram 65867 now contained in Plan 20312 and being part of the land comprised in Certificate of Title Volume 1677 Folio 727.



95-25 William Geoffrey Commissioner Mitchell and of Main Roads Jenny Narelle via Caveat Mitchell F993711

95-26 Prindiville Commissioner Investments Pty of Main Roads Ltd vide Caveat

F783677

95-27 Prindiville Commissioner Investments Pty of Main Roads Ltd vide Caveat

F783677

Portion of Wellington 2263 m2 Location 48 and being Lot 26 on Plan 13951 now contained in Plan 20312 and being part of the land comprised in Certificate of Title Volume 1840 Folio 350. Portion of each of 1.4837 ha Wellington Locations 42 and 48 and being part of the land on Plan 2124 now contained in Plan 20312 and being part of the land comprised in Certificate of Title Volume 454 Folio 182A. Portion of Wellington 570 m2 Location 4970 now contained in Plan 20312 and being part of the land comprised in Certificate of Title Volume 1695 Folio 697.

Certified correct this 25th day of June 1996.

Dated this 2nd day of July 1996. ERIC CHARLTON, Minister for Transport.

DAVID K. MALCOLM, Lieutenant Governor and deputy of the Governor in Executive Council.

Ex CO No. 0263 File No. MRWA 42-63-D

File No. DOLA 119411996 LAND ACQUISITION AND PUBLIC WORKS ACT 1902

LAND RESUMPTION Road Widening-Wagin-Dumbleyung Road (Roelands-Lake King Road 178.80-180.50 SLK)

NOTICE is hereby given, and it is hereby declared, that the several pieces or parcels of land described in the Schedule hereto, being all in the Dumbleyung and Wagin Districts have, in pursuance of the written approval and consent of His Excellency the Governor, acting by and with the advice of the Executive Council, dated the 12th day of March 1996, been set apart, taken, or resumed for the purposes of the following public work, namely: Road Widening-Roelands-Lake King Road-Shire of Wagin. And further notice is hereby given that the said pieces or parcels of land so set apart, taken, or resumed are marked off and more particularly described on the Plans specified in the Schedule, which may be inspected at Main Roads Western Australia, Waterloo Crescent, East Perth. The additional information contained in the Schedule after the land descriptions is to define locality only and in no way derogates from the Transfer of Land Act description. And it is hereby directed that the said lands shall vest in Her Majesty for an estate in fee simple in possession for the public work herein expressed, freed and discharged from all trusts, mortgages, charges, obligations, estates, interests, rights-of-way, or other easements whatsoever.

Schedule


95-82 Henry Anthony H. A. Baxter Portion of Williams 7735 m2 Baxter Location 2626 and being

part of the land comprised in Certificate of Title Volume 1432 Folio 003.

6 3 18 GOVERNMENT GAZETTE, WA [ l 2 November 1996


95-83, Henry Anthony H. A. Baxter 95-84 Baxter & 95-85

95-75, Lavinia Harriett L. H. Baxter 95-76, Baxter 95-77, 95-78 & 95-79 95-80 Lavinia Harriett L. H. Baxter & Baxter 95-81

Portion of Williams 2.1027 ha Locations 2627, 3458 and 4323 being part of the land comprised in Certificate of Title Volume 1432 Folio 004. Portion of Williams 1.3879 ha Locations 6303, 1953, 1949, 1952 and 1948 and being part of the land comprised in Certificate of Title Volume 809 Folio 30. Portion of Williams 4319 m2 Locations 2148 and 13131 and being part of the land comprised in Certificate of Title Volume 1117 Folio 981.

Certified correct this 5th day of March 1996. ERIC CHARLTON, Minister for Transport.

Dated this 12th day of March 1996. MICHAEL JEFFERY, Governor in Executive Council.

Ex CO No. 0773 File No. MRWA 42-49-B

File No. DOLA 197611996

LAND ACQUISITION AND PUBLIC WORKS ACT 1902 LAND RESUMPTION

Road Widening-Roelands-Lake King Road (9.6-16.1 SLK)

NOTICE is hereby given, and it is hereby declared, that the several pieces or parcels of land described in the Schedule hereto, being all in the Harvey District have, in pursuance of the written approval and consent of the Lieutenant-Governor and deputy of the Governor, acting by and with the advice of the Executive Council, dated the 2nd day of July 1996, been set apart, taken, or resumed for the purposes of the following public work, namely: Road Widening-Roelands-Lake King Road-Shire of Harvey. And further notice is hereby given that the said pieces or parcels of land so set apart, taken, or resumed are marked off and more particularly described on the Plans specified in the Schedule, which may be inspected at Main Roads Western Australia, Waterloo Crescent, East Perth. The additional information contained in the Schedule after the land descriptions is to define locality only and in no way derogates from the Transfer of Land Act description. And it is hereby directed that the said lands shall vest in Her Majesty for an estate in fee simple in possession for the public work herein expressed, freed and discharged from all trusts, mortgages, charges, obligations, estates, interests, rights-of-way, or other easements whatsoever.

Schedule


96-7 Warren Charles W C Edwards Portion of Wellington 7 922 m2 Edwards and & M R Location 1 and being Lot Mary Rose Edwards 24 the subject of Plan Edwards 14628 now contained in

Diagram 90119 and being part of the land comprised in Certificate of Title Volume 1674 Folio 309



96-10 Warren Charles W C Edwards Edwards and & M R Mary Rose Edwards Edwards

96-12 Jorg Dieter J D Krone Krone

96-8 Giuseppe G Musitano & Portion of Wellington 1 445 m2 Musitano and C R Musitano Location 1 and being Lot Catarina Rita 25 on Plan 14628 now Musitano contained in Diagram

90119 and being part of the land comprised in Certificate of Title Volume 1674 Folio 310

96-9 & Willoughby Willoughby Portion of Wellington 1.1512 ha 96-11 Grazing Pty Ltd Grazing Pty Ltd Location 1 and being Lot

16 the subject of Diagram 39358 now contained in Diagrams 90118 & 90119 and being part of the land comprised in Certificate of Title Volume 376 Folio 43A Portion of Wellington 2.5394 ha Location 1 and being Lot 23 the subject of Diagram 53201 now contained in Diagram 90117 and being part of the land comprised in Certificate of Title Volume 1494 Folio 682 Portion of Wellington Location 1 and being Lot 22 on Plan 10674 now contained in Diagram 90118 and being part of the land comprised in Certificate of Title Volume 1383 Folio 276

Certified correct this 25th day of June 1996. ERIC CHARLTON, Minister for Transport.

Dated this 2nd day of July 1996. DAVID K. MALCOLM, Lieutenant-Governor and

deputy of the Governor in Executive Council.

ROAD DEDICATION It is hereby notified that the Minister for Lands has approved, pursuant to Section 288 of the Local Government (Miscellaneous Provisions) Act, the dedication as public street the roads in the various Municipalities as described in the abovementioned resumption notices. By Order of the Minister for Lands, Dated this 12th day of November 1996.

A. A. SKINNER, Chief Executive.

File No. 239611996 LOCAL GOVERNMENT ACT 1995

LAND ACQUISITION AND PUBLIC WORKS ACT 1902 NOTICE OF INTENTION TO TAKE OR RESUME LAND

Expansion of the Landfill facility a t Red Hill for the treatment andor disposal of Waste-Buffer Zone for the Landfill Areas-Relocation of the proposed Hills Spine Road-Eastern Metropolitan Regional Council. The Minister for Works hereby gives notice in accordance with the provisions of section 17(2) of the Land Acquisition and Public Works Act 1902 that i t is intended to take or resume under section 17(1) of that Act, the piece or parcel of land described in the Schedule hereto, and being all in the Swan District, for the purpose of the following public work, namely, Expansion of the Landfill facility a t Red Hill for the treatment andor disposal of Waste-Buffer Zone for the Landfill Areas-Relocation of the


proposed Hills Spine Road-Eastern Metropolitan Regional Council and that the said piece or parcel of land is marked off on LT0 Diagram 17722 which may be inspected a t the office of the Department of Land Administration, Midland. The additional information contained in the Schedule after the land description is to define locality only and in no way derogates from the Transfer of Land Act description.

Schedule

Owner or Reputed Occupier or Reputed Owner Occupier

Description Area (Approx.)

Samuel Geoffrey Ormond Nominees Portion of Swan Location 1317 166.3915 ha Schladow Pty Ltd as lessee and being part of the land on

Diagram 17722 being the whole of the land contained in Certificate of Title Volume 1672 Folio 829.

Dated this 3rd day of November 1996. G. D. KIERATH, Minister for Lands.

LB902* File No. 74511996

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960 LAND ACQUISITION AND PUBLIC WORKS ACT 1902 NOTICE OF INTENTION TO TAKE OR RESUME LAND

Rights of Way-City of Perth THE Minister for Works hereby gives notice in accordance with the provisions of section 17(2) of the Land Acquisition and Public Works Act 1902 that i t is intended to take or resume under section 17(1) of that Act, the piece or parcel of land described in the Schedule hereto, and being in the Perth Town District, for the purpose of the following public work, namely, Rights of Way-City of Perth and that the said piece or parcel of land is marked off on LT0 Plan 2168 which may be inspected a t the office of the Department of LandAdministration, Midland. The additional information contained in the Schedule after the land description is to define locality only and in no way derogates from the Transfer of Land Act description.

Schedule

Owner or Reputed Occupier or Reputed Owner Occupier


The Colonial City of Perth by The Rights of Way on Plan 2168 917m2 Consolidated Notice of Entry adjacent to Lots 117 to 128 Finance (inclusive) being part of the land Corporation contained in Certificate of Title Limited Volume 166 Folio 106.

Dated this 3rd day of November 1996.

GRAHAM KIERATH, Minister for Lands.

LOCAL GOVERNMENT ACT 1995 Shire of Coolgardie

Acting Chief Executive Officer It is hereby notified for public information that Anthony Andrew McCabe has been appointed Acting Chief Executive Officer of the Shire of Coolgardie from 16 November 1996 until 24 June 1997.

W. M. INGHAM, President.


LG401 DOG ACT 1976 City of Bayswater

It is hereby notified for public information that the following persons have been appointed under the provisions of the Dog Act 1976-

Registration Officers- Ray McArthur Karen Wright Steven Chua Glenn Peirce Vanessa Adams Michael Coe Marianne Cairns Sachelle Lindenaar John Merrick Judy Pearson Jeannie Jausell Karen Delves Lisa Ambrosino Terry Cooke Jamie Normington Milton Nicolaidis Kally Stewart

All previous appointments are hereby cancelled. MAR10 J. CAROSELLA, Chief Executive Officer.

LOCAL GOVERNMENT ACT 1995 Shire of Corrigin

Annual Fee Review l996197 Fees and Charges

At the 19 July 1996 Special Meeting, Council reviewed its fees and charges for the l996197 year in accordance with the Local Government Act 1995 $6.19, and resolved that fees and charges relating to the following be adopted-

Health Housing Community Amenities Recreation and Culture Tourism and Area Promotion Swimming Pool Private Works

Details of the fees and charges are available for public inspection a t the Shire Office during normal working hours.

B. W. MEAD, Chief Executive Officer.

LG404 BUSH FIRES ACT 1954

Shire of Corrigin Fire Control Officers

The following have been appointed as Bush Fire Control Officers for the Shire of Corrigin in accordance with the Bush Fires Act 1954. All previous appointments are hereby cancelled. Price, Allen-(Chief Bush Fire Control Officer) Baker, Wes-(Deputy Chief Bush Fire Control Officer) Bolt, David McPharlin, Kerry Mills, Bruce Nottle, Brad Jacobs, Sandow Pontifex, Phi1 Wallace, Rob Rendell, Adam Bowden, Graeme Stevens, Don Elsegood, Trevor Giles, Mark Evans, Kevin Mead, Bruce Doyle, Greg Downing, Brian Jesperson, Eric Talbot, Norm Bowden, Neville Guinness, Tony


The following have been appointed dual Fire Control Officers for- Shire of Corrigin and Quairading-Bolt, David and Price, Car1 Shire of Corrigin and Wickepin-Jesperson, Eric, Elsegood, Trevor and Doyle, Greg Shire of Corrigin and Bruce Rock-Jacobs, Sandow and Wallace, Rob Shire of Corrigin and Narembeen-Pontifex, Phil and Rendell, Adam Shire of Corrigin and Kondinin-Pontifex, Phil and Rendell, Adam Shire of Corrigin and Kulin-Doyle, Greg and Downing, Brian Shire of Corrigin and Pingelly-McPharlin, Kerry and Baker, Wes Shire of Corrigin and Brookton-McPharlin, Kerry and Baker, Wes

The following have been appointed as Fire Weather Officers- Price, Allen and Baker, Wes

B. W. MEAD, Chief Executive Officer.

LG405 TOWN OF COTTESLOE

It is hereby notified for public information that Greg Lyons has been appointed as Ranger for theTown of Cottesloe, effective from 7th November 1996, as an authorised officer for the following-

* Local Government Act Dog Act Litter Act Bush Fires Act All Council By-laws and Local Laws.

It is further notified that Terry John Hewitson is also an authorised officer for the enforcement of the above from 7th November 1996. The appointment of David Roper is hereby cancelled.

JAN GRIMOLDBY, Chief Executive Officer.

MA40 1 MRWA 42-43-5

MAIN ROADS ACT 1930 LAND ACQUISITION AND PUBLIC WORKS ACT 1902 NOTICE OF INTENTION TO TAKE OR RESUME LAND

The Minister for Works hereby gives notice, in accordance with the provisions of section 17 (2) of the Land Acquisition and Public Works Act 1902, that it is intended to take or resume under section 17 (1) of that Act the pieces or parcels of land described in the Schedule hereto and being all in the Denmark District, for the purpose of the following public works namely, widening of the South Western Highway (SLK Section 304.4-305.2) and that the said pieces or parcels of land are marked off on MRWA Draw- ings 9601-101 and 9601-170 which may be inspected a t the office of the Commissioner of Main Roads, Waterloo Crescent, East Perth.

Schedule

No. Owner or Reputed Occupier or Reputed Owner Occupier


1. Charles Percy C P & M P Grant Grant and Margaret Phillips Grant

2. Christopher John C J & E A Wright Wright and Elizabeth Ann Wright

Portion of Denmark Lot 715 3 065 m2 and portion of Denmark Lot 421 together being Lot 4 the subject of Diagram 55542 and being part of the land comprised in Certificate of Title Volume 1525 Folio 275. Portion of Plantagenet Location 1 087 m2 2019 and being part of Lot 3 on Diagram 15267 and being part of the land comprised in Certificate of Title Volume 1974 Folio 969.

Dated this 6th day of November 1996. D. R. WARNER, Director Corporate Services.


MA402 MRWA 42-83-B

MAIN ROADS ACT 1930

LAND ACQUISITION AND PUBLIC WORKS ACT 1902

NOTICE OF INTENTION TO TAKE OR RESUME LAND

The Minister for Works hereby gives notice, in accordance with the provisions of section 17 (2) of the Land Acquisition and Public Works Act 1902, that it is intended to take or resume under section 17 (1) of that Act the pieces or parcels of land described in the Schedule hereto and being all in the Williams District, for the purpose of the following public works namely, widening of the Williams-Narrogin Highway (SLK Section 0.7) and that the said pieces or parcels of land are marked off on MRWA Draw- ings 9609-321-1 and 9609-322 which may be inspected a t the office of the Commissioner of Main Roads, Waterloo Crescent, East Perth.

Schedule



1. Stephen Leslie S L H & R S Cowcher Portion of Williams Location 583 m2 Harold Cowcher 13313 and being part of the and Raelene land comprised in Certificate Shiela Cowcher of Title Volume 2060 Folio 470.

2. Jeremy Grant J G Ball & L A Finch Portion of Williams Location 1 017 m2 Ball and Lynette 13312 and being part of the Anne Finch land comprised in Certificate

of Title Volume 2060 Folio 472.


MRWA 42-37-F

MAIN ROADS ACT 1930

LAND ACQUISITION AND PUBLIC WORKS ACT 1902

NOTICE OF INTENTION TO TAKE OR RESUME LAND

The Minister for Works hereby gives notice, in accordance with the provisions of section 17 (2) of the Land Acquisition and Public Works Act 1902, that it is intended to take or resume under section 17 (1) of that Act the piece or parcel of land described in the Schedule hereto and being all in the Cape1 District, for the purpose of the following public works namely, widening of the South Western Highway (SLK Section 15.90-15.96) and that the said piece or parcel of land are marked off on MRWA Drawing 9602-0314 which may be inspected a t the office of the Commissioner of Main Roads, Waterloo Cres- cent, East Perth.

Schedule



1. Grant Ward G W & D T Morison Portion of Boyanup Town Lot 14 m2 Morison and 45 and being part of Lot 1 on Denise Tracy Diagram 13515 and being part Morison of the land comprised in

Certificate of Title Volume 1837 Folio 253.



MA404 Ex CO No. 1275

File No. MRWA 41-38-69 TOWN PLANNING DEVELOPMENT ACT 1928

LAND ACQUISITION AND PUBLIC WORKS ACT 1902 METROPOLITAN REGION TOWN PLANNING SCHEME ACT 1959

WESTERN AUSTRALIAN PLANNING COMMISSION ACT 1985 LAND RESUMPTION

Road Widening-Canning Highway (SLK 14.12-14.14) NOTICE is hereby given, and it is hereby declared, that the several piece or parcel of land described in the Schedule hereto, being all in the East Fremantle District has, in pursuance of the written consent under the Town Planning and Development Act 1928, Metropolitan Region Town Planning Scheme Act 1959, Western Australian Planning Commission Act 1985 and approval under Section 17(1) of the Land Acquisition and Public Works Act 1902 of the Lieutenant-Governor and deputy of the Governor, acting by and with the advice of the Executive Council, dated the 22nd day of October 1996, been compulsorily taken and set apart for the purposes of the following public work, namely-Road Widen- ing-Canning Highway-Town of East Fremantle. And further notice is hereby given that the said piece or parcel of land so taken and set apart is shown marked off on Plan MR96-168, which may be inspected a t Main Roads Western Australia, Waterloo Crescent East Perth. The additional information contained in the Schedule after the land descriptions is to define locality only and in no way derogates from the Transfer of Land Act description. And it is hereby directed that the said lands shall vest in the Western Australian Planning Commis- sion for an estate in fee simple in possession for the public work herein expressed, freed and discharged from all trusts, mortgages, charges, obligations, estates, interests, rights-of-way, or other easements whatsoever.

Schedule

No. Plan Owner or Reputed Occupier or Reputed MR No. Owner Occupier

Description Area

1. 96-168 The owners of 242 Commissioner of Canning Highway Main Roads vide East Fremantle on Caveat G23328 Strata Title 18866

2. 96-168 Brendan John Grant Commissioner of Main Roads vide Caveat F525805

That part of the common 112 m2 property on Strata Plan 18866 as is now contained in Diagram 90470 That part of Lot 1 on Strata 112 m2 Plan 18866 as is now contained in Diagram 90470 and being part of the land comprised in Certificate of Title Volume 1866 Folio 853.

Certified correct this 5th day of October 1996. RICHARD LEWIS, Minister for Planning.

Dated this 22nd day of October, 1996. DAVID KINGSLEY, Lieutenant-Governor and deputy

of the Governor in Executive Council.

PD401 METROPOLITAN REGION TOWN PLANNING SCHEME ACT 1959

NOTICE OF PROPOSED AMENDMENT (SECTION 33A) TO THE METROPOLITAN REGION SCHEME Fee Increase for Clause 42 Certificates

File No: 833-2-1-30; Amendment No: 983133A

PROPOSAL The purpose of the amendment is to increase the fee charged for a Clause 42 Certificate from $15 to $25. The current charge of $15 was set on 25 November 1988.

DESCRIPTION The effect of the proposed amendment is that the text of the Metropolitan Region Scheme will be amended by deleting the word 'fifteen' in the first line of Clause 42, and to substitute in its place the words 'twenty five'.


CERTIFICATE The Western Australian Planning Commission hereby certifies that, in its opinion, the amendment does not constitute alteration to the Metropolitan Region Scheme.

EXHIBITION The proposed amendment will be exhibited for public comment during normal office hours at-

1. Office of the Ministry for Planning, 469 Wellington Street, Perth WA 6000 2. All metropolitan local government offices 3. J S Battye Library, Alexander Cultural Building, Francis Street, Northbridge WA 6003

SUBMISSIONS Submissions on the proposal are invited and may be made (in duplicate) on submission forms available a t the offices listed above and lodged at-

Office of the Minister for Planning (Planning Appeal) Level 30, Allendale Square 77 St George's Terrace Perth WA 6000

Submissions must be lodged by 4.00pm, Friday 17 January 1997.

PETER MELBIN, Secretary, Western Australian Planning Commission.

TOWN PLANNING AND DEVELOPMENT ACT 1928 SCHEME AMENDMENT AVAILABLE FOR INSPECTION

City of Canning Town Planning Scheme No. 40-Amendment No. 56

Ref: 85312116144, Pt. 56 Notice is hereby given that the City of Canning has prepared the abovementioned scheme amendment for the purpose of-

rezoning 61-63 Central Road (Lot P t 33), Rossmoyne, from "Service Station" to "Residential R17.5IR25".

Plans and documents setting out and explaining the scheme amendment have been deposited a t Council Offices, 1317Albany Highway, Cannington and a t the WesternAustralian Planning Commission,Albert Facey House, 469 Wellington Street, Perth, and will be available for inspection during office hours up to and including 24 December 1996. Submissions on the scheme amendment should be made in writing on Form No. 4 and lodged with the undersigned on or before 24 December 1996. This amendment is available for inspection in order to provide an opportunity for public comment and it should not be construed that final approval will be granted.

I. F. KINNER, Chief Executive Officer.

TOWN PLANNING AND DEVELOPMENT ACT 1928 SCHEME AMENDMENTS AVAILABLE FOR INSPECTION

City of Gosnells Town Planning Scheme No. l-Amendment Nos. 469 & 470

Ref: 8531212511, Pts. 469 & 470 Notice is hereby given that the City of Gosnells has prepared the abovementioned scheme amendments for the purpose of-

Amendment No. 469 1. Rezoning Lot 63 Eudoria Street, Gosnells, from "Residential B" to "Office". 2. Amending the Scheme Map accordingly.

Amendment No. 470 Inserting in the Fifth Schedule-Additional Use Zones of Town Planning Scheme No. 1, the use of Coffee Shop in the current Light Industry Zone to Lot 1000 Albany Highway, Maddington.

Plans and documents setting out and explaining the scheme amendments have been deposited a t Council Offices, 2120 Albany Highway, Gosnells and a t the Western Australian Planning Commission,


Albert Facey House, 469 Wellington Street, Perth, and will be available for inspection during office hours up to and including 24 December 1996. Submissions on the scheme amendment should be made in writing on Form No. 4 and lodged with the undersigned on or before 24 December 1996. These amendments are available for inspection in order to provide an opportunity for public comment and it should not be construed that final approval will be granted.

G. WHITELEY, Chief Executive Officer.

PD404 TOWN PLANNING AND DEVELOPMENT ACT 1928

SCHEME AMENDMENT AVAILABLE FOR INSPECTION City of Melville

Town Planning Scheme No. 3-Amendment No. 139 Ref: 853/2/17/10, Pt. 139 Notice is hereby given that the City of Melville has prepared the abovementioned scheme amendment for the purpose of-

rezoning Lot 356 (91) Adrian Street, Palmyra from Public Use Reserve to Residential A, R20. Plans and documents setting out and explaining the scheme amendment have been deposited a t Council 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 office hours up to and including 24 December 1996. Submissions on the scheme amendment should be made in writing on Form No. 4 and lodged with the undersigned on or before 24 December 1996. This amendment is available for inspection in order to provide an opportunity for public comment and it should not be construed that final approval will be granted.

J. J. McNALLY, Chief Executive Officer.

TOWN PLANNING AND DEVELOPMENT ACT 1928 APPROVED TOWN PLANNING SCHEME AMENDMENT

Shire of Albany Town Planning Scheme No. 3-Amendment No. 154

Ref: 853/5/4/5, Pt. 154 It is hereby notified for public information, in accordance with Section 7 of the Town Planning and Development Act 1928 that the Hon Minister for Planning approved the Shire ofAlbany Town Planning Scheme Amendment on 3 November 1996 for the purpose of-

(1) Rezoning Lots 6, 7 & 13 of Location 293 Chester Pass Road from the Rural Zone to the Light Industry Zone.

(2) Amending the Scheme maps accordingly.

K. G. BEECK, President. R. P. BOARDLEY, NChief Executive Officer.

TOWN PLANNING AND DEVELOPMENT ACT 1928 APPROVED TOWN PLANNING SCHEME AMENDMENT

Shire of Cue Town Planning Scheme No, l-Amendment No. 1

Ref: 853/9/3/1, Pt. 1 It is hereby notified for public information, in accordance with Section 7 of the Town Planning and Development Act 1928 that the Hon Minister for Planning approved the Shire of Cue Town Planning Scheme Amendment on 3 November 1996 for the purpose of-

a) rezoning Lots 627, 628, and 629 Heydon Place, Cue, as shown on the Scheme Amendment Map, from 'Industrial' to 'Special Use-Camp Accommodation', and


b) adding a new use to Schedule I1 as follows- Schedule 11-Schedule of Uses in Special Use Zone

Lot Description Permitted Special Use Scheme Map Designation Lots 627, 628, and 629 MiningIConstruction Camps CA Heydon Place, Cue or similar type of

Accommodation I. W. HAMILTON, President.

A. B. WRIGHT, Chief Executive Officer.


APPROVED TOWN PLANNING SCHEME AMENDMENT Shire of Greenough

Town Planning Scheme No. 4-Amendment No. 75 Ref: 853131716, Pt. 75 It is hereby notified for public information, in accordance with Section 7 of the Town Planning and Development Act 1928 that the Hon Minister for Planning approved the Shire of Greenough Town Planning Scheme Amendment on 3 November 1996 for the purpose of-

Rezoning Lot 16, P t Lot 17, Lot 18 and Lot 30, Brand Highway, Rudds Gully from "General Farming" to "Single Residential R12.5" and "Development Area".

J. P. EDWARDS, President. W. T. PERRY, Chief Executive Officer.


SCHEME AMENDMENT AVAILABLE FOR INSPECTION Shire of Swan

Town Planning Scheme No. 9-Amendment No. 230 Ref: 85312121110, Pt. 230 Notice is hereby given that the Shire of Swan has prepared the abovementioned scheme amendment for the purpose of-

Providing for the following additional uses on Lot 3 (No. 777) Great Northern Highway, Herne Hill-

Local Shop (General Store, Newsagency and Post Office Agency) Fuel Sales Shop (Cafe and Arts and Craft and Tourism Information)

Plans and documents setting out and explaining the scheme amendment have been deposited a t Council Offices, Corner Great Northern Highway and Bishop Road, Middle Swan and a t thewesternAustralian Planning Commission, Albert Facey House, 469 Wellington Street, Perth, and will be available for inspection during office hours up to and including 17 December 1996. Submissions on the scheme amendment should be made in writing on Form No. 4 and lodged with the undersigned on or before 17 December 1996. This amendment is available for inspection in order to provide an opportunity for public comment and i t should not be construed that final approval will be granted.

E. W. LUMSDEN, Chief Executive Officer.


Shire of Swan Town Planning Scheme No. 9-Amendment No. 282

Ref: 85312121110, Pt. 282 Notice is hereby given that the Shire of Swan has prepared the abovementioned scheme amendment for the purpose of-

Providing for an additional use of "Light Industry" (Timber Craft Work, Manufacture, Restora- tion, Display and Sales) on Lot 1 (Location 2962) Cnr West Swan Road and Hamersley Road, Caversham.


Plans and documents setting out and explaining the scheme amendment have been deposited a t Council Offices, Corner Great Northern Highway and Bishop Road, Middle Swan and at thewesternAustralian Planning Commission, Albert Facey House, 469 Wellington Street, Perth, and will be available for inspection during office hours up to and including 24 December 1996. Submissions on the scheme amendment should be made in writing on Form No. 4 and lodged with the undersigned on or before 24 December 1996. This amendment is available for inspection in order to provide an opportunity for public comment and it should not be construed that final approval will be granted.

E. W. LUMSDEN, Chief Executive Officer.


Shire of Toodyay Town Planning Scheme No. 3-Amendment No. 11

Ref: 853/4/28/4, Pt. 11 Notice is hereby given that the Shire ofToodyay has prepared the abovementioned scheme amendment for the purpose of-

amending the Scheme Text to include bed and breakfast accommodation as a permitted use in the Special Rural Zone.

Plans and documents setting out and explaining the scheme amendment have been deposited a t Council Offices, 15 Fiennes Street, Toodyay and a t the Western Australian Planning Commission,Albert Facey House, 469 Wellington Street, Perth, and will be available for inspection during office hours up to and including 24 December 1996. Submissions on the scheme amendment should be made in writing on Form No. 4 and lodged with the undersigned on or before 24 December 1996. This amendment is available for inspection in order to provide an opportunity for public comment and it should not be construed that final approval will be granted.

R. J. MILLAR, Chief Executive Officer.


APPROVED TOWN PLANNING SCHEME Shire of Harvey

District Planning Scheme No. 1 Ref: 853/6/12/17, Vol. 2. It is hereby notified for public information, in accordance with section 7 of the Town Planning and Development Act 1928 that the Hon Minister for Planning approved the Shire of Harvey District Planning Scheme No. 1 on September 24, 1996 the Scheme Text of which is published as a Schedule annexed hereto.

J. L. SABOURNE, President. K. J. LEECE, Chief Executive Officer.

Schedule DISTRICT PLANNING SCHEME No. 1

SCHEME TEXT Shire of Harvey

District Planning Scheme No. 1 The Harvey Shire Council, under and by virtue of the powers conferred upon it in that behalf by the Town Planning and Development Act 1928, hereinafter referred to as the "Act" hereby makes the following Town Planning Scheme for the purposes laid down in the Act.

12 November l9961 GOVERNMENT GAZETTE, WA 6329

Scheme Text ARRANGEMENT OF SECTIONS

1. PRELIMINARY 1.1 Citation 1.2 Responsible Authority 1.3 Scheme Area 1.4 Contents of Scheme 1.5 Arrangement of Scheme Text 1.6 Scheme Objectives 1.7 Revocation of Existing Scheme 1.8 Other Gazetted Schemes 1.9 Interpretation

2. PLANNING CONSENT 2.1 Requirements for Planning Consent 2.2 Application for Planning Consent 2.3 Advertising of Applications 2.4 Determination of Applications 2.5 Development Along Important Regional Roads 2.6 Deemed Refusal 2.7 Development of Lots Abutting Unconstructed Roads

3. RESERVES 3.1 Local Authority Scheme Reserves 3.2 Matters to be considered by Council 3.3 Compensation

4. ZONES 4.1 Zones 4.2 Zoning and Development Tables 4.3 Broad Acre Zoning 4.4 Discretion to Modify Development Standards 4.5 Residential Development-Residential Planning Codes 4.6 Residential Planning Codes-Variation and Exclusions 4.7 Additional and Restricted Uses

5. DISTRICT SCHEME PRECINCT POLICIES

6. ADDITIONAL DEVELOPMENT REQUIREMENTS IN RESIDENTIAL ZONES 6.1 Residential Development Requirements 6.2 Special Residential Development Requirements 6.3 Special Rural Development Requirements 6.4 Home Occupation 6.5 Outline Planning Areas Development Requirements 6.6 Policy Precincts-Special Design 6.7 Residential Development Zone

7. ADDITIONAL DEVELOPMENT REQUIREMENTS IN COMMERCIALAND INDUSTRIAL ZONES 7.1 Commercial and Industrial Development Requirements 7.2 Factory Unit Requirements 7.3 Kemerton Park Industrial Area and Buffer

8. ADDITIONAL DEVELOPMENT REQUIREMENTS IN RURAL ZONES 8.1 Scenic Roads Visual Protection 8.2 Development near Coast and Shores 8.3 Collie and Brunswick River Flood Study 8.4 Planning Precincts 8.5 Peel Harvey Coastal Plain Catchment-Statement of Planning Policy No. 2 8.6 Swan Coastal Plain Lakes Policy

9. GENERAL DEVELOPMENT REQUIREMENTS 9.1 Places of Landscape Value-Development Requirements 9.2 Conservation of Buildings and Places of Heritage Significance 9.3 Car Parking Requirements 9.4 Parking of Commercial Vehicles 9.5 Landscaping 9.6 Battle-axe Lots 9.7 Development of Lots With More Than One Street Frontage 9.8 General Appearance of Buildings


9.9 Excavation and Filling of Land 9.10 Control of Advertising 9.11 Relocated Dwellings 9.12 Alternative Effluent Disposal Systems

10. NON-CONFORMING USES 10.1 Non-conforming Use Rights 10.2 Extension of Non-conforming Use 10.3 Change of Non-conforming Use 10.4 Discontinuance of Non-conforming Use 10.5 Destruction of Buildings

11. ADMINISTRATION 11.1 Powers of the Scheme 11.2 Offences 11.3 Enforcement 11.4 Claims for Compensation 11.5 Appeals 11.6 Power to Make Policies and Precinct Policy Statements

12. ZONING TABLES 13. SCHEDULES

13.1 Buildings and Places of Heritage Significance 13.2 Policies for Places of Landscape Value 13.3 Additional Requirements-Special Residential Zones 13.4 Additional Requirements-Special Rural Zones 13.5 Additional Requirements-Industrial Zones 13.6 Policies on Outline Planning Areas 13.7 Additional Uses 13.8 Restricted Uses 13.9 Car parking layouts 13.10 Form l-Application for Planning Consent 13.11A Form 2-Notice of Planning Permission 13.11B Form 3-Notice of Planning Refusal 13.11C Notice of Public Advertisement of a Development Proposal 13.12 Setback Diagram 13.13 Interpretations 13.14 Planning Precinct Policy Area Statements 13.14A Planning Precinct--Policy Area Boundaries 13.15 Control of Advertisements 13.16 Exempted Advertisements Pursuant to Clause 9.10.5 13.17 Westrail Leases 13.18 Kemerton Park Industrial Area-Structure Plan 13.19 Additional Requirements-Residential Development Zone

14. ADOPTION

1. PRELIMINARY 1.1 CITATION This District Planning Scheme may be cited as the Shire of Harvey District Planning Scheme No. 1 hereinafter called "the Scheme" and shall come into operation on the publication of the Scheme in the Government Gazette. 1.2 RESPONSIBLE AUTHORITY The authority responsible for implementing the Scheme is the Council of the Shire of Harvey hereinafter called "the Council". 1.3 SCHEME AREA The Scheme applies to the whole of the land contained within the Shire of Harvey as shown on the District Scheme map including the areas covered by the separate Scheme maps indicated thereon. 1.4 CONTENTS OF SCHEME This Scheme comprises-

(i) This Scheme Text (ii) The Scheme Map (Sheets 1-14)

(iii) A Scheme Report 1.5 ARRANGEMENT OF SCHEME TEXT The Scheme text is divided into the following parts-

Part 1. Preliminary Part 2. Planning Consent Part 3. Reserves Part 4. Zones Part 5. Scheme Policies Part 6. Additional Development Requirements in Residential Zones


Part 7. Additional Development Requirements in Other Urban Zones Part 8. Additional Development Requirements in Rural Zones Part 9. Miscellaneous Development Requirements Part 10. Non-Conforming Use of Land Part 11. Administration

1.6 SCHEME OBJECTIVES 1.6.1 The objectives of the Scheme are-

(a) to encourage and control the continued orderly development of land within the Shire in a manner that enhances the quality of life of the Shire community;

(b) to ensure that the existing standard of roads, water supply, effluent disposal, electricity supply and other community services are sufficient for the additional demands proposed development would create;

(C) to promote economic development and tourism within the Shire and increase local employment opportunities;

(d) to provide opportunities for a wide range of lifestyles providing areas for urban and rural living;

(e) to retain the pre-eminence of agriculture, and restrict development that detracts from the potential of significant agricultural land;

(0 to preserve and enhance places of natural beauty particularly along the coast, the rivers and inlets and the scarp, and to preserve historic buildings and objects of historical and scientific interest; and

(g) to protect and preserve the more important natural flora and fauna habitats (ecosystem, biodiversity and essential ecological processes), and other environmentally sensitive areas that are prone to degradation on the principle that the extent and manner of use of these areas should be kept within their capabilities of being sustained without degradation in the long term.

1.6.2 In considering applications planning consent, subdivision or amendments to this Planning Scheme the Council shall have regard to the above objectives. 1.7 REVOCATION OF EXISTING SCHEME The Shire of Harvey Scheme No. 10, as amended, which came into operation by publication in the Government Gazette on 17th June, 1983, is hereby revoked. 1.8 OTHER GAZETTED SCHEMES This Scheme prevails over the following Planning Schemes to the extent of any inconsistency-

Shire of Harvey Planning Scheme No. 3 Australind Development Scheme (as amended). (Published in the Government Gazette of 21st April, 1978.) Shire of Harvey Planning Scheme No. 6 Harvey Industrial Scheme. (Published in the Government Gazette of 23rd July, 1971.) Shire of Harvey Planning Scheme No. 12 Binningup Development Scheme. (Published in the Government Gazette of 2nd October, 1987.) Shire of Harvey Planning Scheme No. 4 Leschenault Parklands Development Scheme (as amended) and published in the Government Gazette of 17th November, 1978, will apply to the Leschenault Parklands Area, as gazetted, and will apply in conjunction with this Scheme.

1.9 INTERPRETATION 1.9.1 Except as provided in Clauses 1.9.2 and 1.9.3 the words and expressions of the Scheme have their normal and common meaning. 1.9.2 In the Scheme unless the context otherwise requires, or unless it is otherwise provided herein, words and expressions have the respective meanings given to them in Schedule 13 and the Residential Planning Codes. 1.9.3 Where a word or term is defined in the Residential Planning Codes then notwithstanding anything else in the Scheme that word or term when used in respect of residential development has the meaning given to it in the Residential Planning Codes.

2. PLANNING CONSENT

2.1 REQUIREMENTS FOR PLANNING CONSENT 2.1.1 Except as hereinafter provided, no development shall be carried out on land within the Scheme area without the prior consent of the Council. Such consent is hereinafter referred to as "planning consent" and is required prior to and in addition to the issue of a building licence. 2.1.2 The requirements for planning consent do not apply to the following development of land-

(a) the use of land in a zone, where such land is held by the Council or vested in a Public Author- ity;

(i) for the purpose for which the land is zoned under the Scheme; or (ii) in the case of land vested in a Public Authority, for any purpose for which the land may be

lawfully used by that Authority.


(b) the erection of a boundary fence except as otherwise required by the Scheme; (C) the erection on a lot of a single dwelling or two grouped dwellings, including ancillary out-

buildings, in a zone where the proposed use is designated with the symbol "P" in the cross reference to that zone in the zoning table, provided that the proposed development is in accordance with the development requirements of this Scheme and the Residential Planning Codes;

(d) the carrying out of any works on, in, over or under a street or road by a PublicAuthority acting pursuant to the provisions of any Act;

(e) the carrying out of works for maintenance, improvement or alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building, provided also that such works do not constitute a change of the use of the building; or

(0 the carrying out of works urgently necessary in the public safety or for the safety of plant or equipment or for the maintenance of essential services.

2.2 APPLICATION FOR PLANNING CONSENT 2.2.1 Every application for planning consent shall be made in the form prescribed in Schedule 10 to the Scheme and shall be accompanied by such plans and other information as is required by the Scheme. 2.2.2 Unless Council waives any particular requirements every application for planning consent shall be accompanied by-

(a) a plan or plans to a scale of not less than 1:500 showing- (i) street names, lot number(s), north point and the dimensions of the site;

(ii) the location and proposed use of any existing buildings to be retained and the location and use of buildings proposed to be erected on the site;

(iii) the existing and proposed means of access for pedestrians and vehicles to and from the site;

(iv) the location, number, dimensions and layout of all car parking spaces intended to be provided;

(V) the location and dimensions of any area proposed to be provided for the loading and unloading of vehicles carrying goods or commodities to and from the site and the means of access to and from those areas; and

(vi) the location, dimensions and design of any landscaped, open storage or trade display area and particulars of the manner in which it is proposed to develop the same;

(b) plans, elevations and sections of any building proposed to be erected or altered and of any building it is intended to retain;

(C) any other plan or information that the Council may reasonably require to enable the application to be determined.

2.3 ADVERTISING OF APPLICATIONS 2.3.1 Where an application is made for planning consent to commence or carry out development which involves an "SA" use as described in Clause 4.2.2 in the zoning tables the Council shall not grant consent to that application unless notice of the application is first given in accordance with the provisions of this Clause. 2.3.2 Where an application is made for planning consent to commence or carry out development which involves an "AA" use as described in Clause 4.2.2, or for any other development which requires the planning consent of the Council, the Council may give notice of the application in accordance with the provisions of this Clause. 2.3.3 Where the Council is required or decides to give notice of an application for planning consent the Council shall cause one or more of the following to be carried out-

(a) notice of the proposed development to be served on the owners and occupiers of land within an area determined by the Council as likely to be affected by the granting of planning consent stating that submissions may be made to the Council within twenty-one days of the service of such notice;

(b) notice of the proposed development to be published in a newspaper circulating in the Scheme area stating that submissions may be made to the Council within twenty-one days from the publication thereof; or

(C) a sign or signs displaying notice of the proposed development to be erected in a conspicuous position on the land for a period of twenty-one days from the date of publication of the notice referred to in paragraph (b) of this Clause.

2.3.4 The notice referred to in Clause 2.3.3 (a) and (b) shall be in the form contained in Schedule 11C with such modification as circumstances require. 2.3.5 After expiration of twenty-one days from the serving of notice of the proposed development, the publication of notice or the erection of a sign or signs, whichever is the later, the Council shall consider and determine the application. 2.4 DETERMINATION OF APPLICATIONS 2.4.1 In determining an application for planning consent the Council may consult with any authority which, in the circumstances, it thinks appropriate.


2.4.2 The Council having regard to any matter which it is required by the Scheme to consider, to the purpose for which the land is zoned or approved for use under the Scheme, to the purpose for which land in the locality is used, and to the orderly and proper planning of the locality and the preservation of the amenities of the locality, including land designated as a place of heritage significance, may refuse to approve any application for planning consent or may grant its approval unconditionally or subject to such conditions as it thinks fit. 2.4.3 Where the Council decides to approve an application it shall issue its decision in respect of an application for planning consent in the form prescribed in Schedule 11A to the Scheme. 2.4.4 Where the Council decides to refuse an application it shall issue its decision in respect of an application for planning consent in the form prescribed in Schedule 11B to the Scheme. 2.4.5 Where the Council approves an application for planning consent under this Scheme the Council may limit the time for which that consent remains valid.

2.5 DEVELOPMENT ALONG IMPORTANT REGIONAL ROADS 2.5.1 The area defined on the Scheme Map as an Important Regional Road shall not be developed for purposes other than those approved by the Main Roads WA. 2.5.2 The Council shall refer any application for planning consent for development which adjoins or is contained within the road area, to the Main Roads WA.

2.6 DEEMED REFUSAL 2.6.1 Subject to subclause 2.6.2, an application for planning approval shall be deemed to have been refused where a decision in respect of that application is not conveyed to the applicant by the Council within 60 days of the receipt of i t by the Council, or within such further time as agreed in writing between the applicant and the Council. 2.6.2 An application for planning approval which is subject of a notice under subclause 2.4 shall be deemed refused where a decision in respect of that application is not conveyed to the applicant by the Council within 90 days of the receipt of it by the Council, or within such further time as agreed between the applicant and the Council. 2.6.3 Notwithstanding that an application for planning approval may be deemed to have been refused under subclauses 2.6.1 and 2.6.2, the Council may issue a decision in respect of the application at any time after the expiry of the 60 days or 90 day period specified in those classes, and that decision shall be regarded as being valid.

2.7 DEVELOPMENT OF LOTS ABUTTING UNCONSTRUCTED ROADS 2.7.1 All development, for a single dwelling on lots abutting an unconstructed road in the General Farming and Intensive Farming zone, shall be the subject of a development application in terms of Clause 2.2 of this Scheme. 2.7.2 Council may as a condition of planning approval for a development application lodged in accordance with Clause 2.7.1 of this Scheme, include a condition requiring the provision of a Constructed Road.

3. RESERVES 3.1 LOCAL AUTHORITY SCHEME RESERVES The lands shown as Local Authority Scheme Reserves on the Scheme Map are lands reserved under the Scheme for Local Authority purposes or for the purposes shown on the Scheme Map.

3.2 MATTERS TO BE CONSIDERED BY COUNCIL Where an application for planning consent is made with respect to land within a Reserve, the Council shall have regard to the ultimate purpose intended for the reserve and the Council shall in the case of land reserved for the purposes of a Public Authority, confer with that Authority before granting its consent.

3.3 COMPENSATION 3.3.1 Where a Council refuses planning consent for the development of a Reserve on the ground that the land is reserved for Local Authority purposes or for the purposes shown on the Scheme Map, or grants consent subject to conditions that are unacceptable to the applicant the owner of the land may, if the land is injuriously affected thereby, claim compensation for such injurious affection. 3.3.2 Claims for such compensation shall be lodged at the office of the Council not later than six months after the date of the decision of the Council refusing planning consent or granting it subject to conditions that are unacceptable to the applicant. 3.3.3 In lieu of paying compensation the Council may purchase the land affected by such decision of the Council at a price not exceeding the value of the land at the time of refusal of planning consent or of the grant of consent subject to conditions that are unacceptable to the applicant.

4. ZONES 4.1 ZONES 4.1.1 There are hereby created the zones set out hereunder-

Residential Zones- Special Residential (Table 1) Residential (Tables 2 and 3) Residential Development (Tables 4, 5 & 6)


Commercial Zones- Tourist (Tables 7 and 8) Shop (Tables 9,10 and 11) Office (Tables 12 and 13) Other Commercial-Showroom (Tables 14 and 15)

Industry Zones- Light and Service Industry (Tables 16 and 17) General Industry (Tables 18 and 19) Kemerton Park Industry (Heavy) (Tables 20 and 21) Kemerton Ancillary Industry (Table 22)

Public Purpose Zones- Other Community (Tables 23 and 24)

Non Urban Zones- Intensive Farming (Tables 25 and 26) General Farming (Tables 27,28 and 29) Forestry (Table 30) Special Rural (Table 31) Special Rural-Landscape Protection (Table 32) Kemerton Buffer (Table 33) Inter Industry Buffer (Table 34) Wetland Protection (Table 35)

Special Use Zones- Hotel (Tables 36 and 37) Service Station (Table 38)

Areas- Outline Planning Area Place of Heritage Value Additional Use Restricted Use

4.1.2 The zones are delineated and depicted on the maps according to the legend thereon. 4.2 ZONING AND DEVELOPMENT TABLES 4.2.1 The Zoning and Development Tables indicate, subject to the provisions of the Scheme, the uses permitted in the various zones and the development standards that apply to various uses specified in the Table for each Zone. 4.2.2 The symbols used in the cross reference in the Zoning Table have the following meanings-

" P Means that the use is permitted provided it complies with the relevant standards and requirements laid down in the Scheme and all conditions (if any) imposed by the Council in granting planning consent.

"AA" Means that the Council may, a t its discretion, permit the use. "SA" Means that the Council may, a t its discretion, permit the use after notice of application has

been given in accordance with Clause 2.3. "IF"' Means a use that the Council may permit if it is incidental to the predominant use of the land,

provided also that the predominant use is in accordance with the provisions of this Scheme. 4.2.3 Where in the Zoning Table a particular land use category is mentioned it is deemed to be ex- cluded from any other land use category which by its more general terms might otherwise include such particular use. 4.2.4 If the use of land for a particular purpose is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the interpretation of one of the land use categories the Council may-

(a) determine that the use is not consistent with the objectives and purposes of the particular zone and is therefore not permitted; or

(b) determine by absolute majority that the proposed use may be consistent with the objectives and purpose of the zone and thereafter follow the advertising procedures of Clause 2.3 in considering an application consent. In approving such an application the Council may apply any conditions or development standards it deems necessary.

4.3 BROAD ACRE ZONING 4.3.1 Where, on the Scheme Maps, "Residential" and "Special Residential" zoning has been shown over land not yet subdivided, such area shall be subject to the provisions of Clause 6.5--Outline Planning Areas. 4.4 DISCRETION TO MODIFY DEVELOPMENT STANDARDS 4.4.1 If a development, other than a residential development the subject of an application for planning consent, does not comply with a standard or requirement prescribed by the Scheme with respect to landscaping, carparking, setbacks, site coverage, minimum effective frontage and related matters, the Council may, notwithstanding that non-compliance, approve the application unconditionally or subject to such conditions as Council see fit. The power conferred by this Clause may only be exercised if the Council is satisfied that-

(a) approval of the proposed development would be consistent with the orderly and proper planning of the locality and the preservation of the amenities of the locality;


(b) the non-compliance will not have any adverse affect upon the occupiers or users of the development or the inhabitants of the locality or upon the likely future development of the locality; and

(C) the spirit and purpose of the requirements or standard will not be unreasonably departed from thereby.

4.4.2 The Council may relax the requirements of the Zoning and Development Table in respect of a use that is incidental to the predominant use of the land or the use involves the conversion of existing premises. 4.4.3 Without limiting the generality of the foregoing -the Council may impose additional restrictions and requirements not specified in the Zoning and Development Table when granting planning consent to commence development pursuant to Clause 2.4. 4.5 RESIDENTIAL DEVELOPMENT-RESIDENTIAL PLANNING CODES 4.5.1 For purposes of this Scheme "Residential Planning Codes", hereinafter referred to as "the Codes" means the Residential Planning Codes set out in Appendix 2 to the Department of Planning and Urban Deve1opment"Statement of Planning Policy No. l"(as amended 1991), together with any amendments thereto. 4.5.2 A copy of the Residential Planning Codes, as amended, shall be kept and made available for public inspection at the offices of the Council. 4.5.3 Unless otherwise provided for in the Scheme the development of land for any of the residential purposes dealt with by the Residential Planning Codes shall conform to the provisions of those Codes. 4.5.4 The residential density applicable to land zoned "Special Residential" or "Residential" within the Scheme Area shall be determined by reference to the Residential Planning Code density indicated in the Zoning and Development Tables. 4.6 RESIDENTIAL PLANNING CODES-VARIATIONS AND EXCLUSIONS Where, in the Zoning and Development Tables minimum lot sizes are specified which differ from those specified in the Codes, they shall be taken as variations to the Codes for the purposes of residential development. 4.6.1 Development of Lots below Minimum Lot Area on land in the Special Residential and the Resi- dential Zone, notwithstanding the provisions of this Scheme and the Residential Planning Codes, the Council may approve development on existing lots below the minimum development standards for a single house, subject to conditions. 4.7 ADDITIONAL AND RESTRICTED USES 4.7.1 Those portions of the Scheme Area which are specified in Schedule 7 are classified as Additional Use Areas. 4.7.2 Notwithstanding that a parcel of land described in Schedule 7 is within another zone the land or any building or structure thereon may be used for the purpose set against that parcel of land in Schedule 7 in addition to the other uses permitted in the zone in which the land is situated. 4.7.3 Those portions of the Scheme Area which are specified in Schedule 8 are classified as Restricted Use Areas for the uses or purposes set against such land respectively in Schedule 8. 4.7.4 A person shall not use any land, any building or any structure thereon in a Restricted Use Area except for the use or purpose set against such land in Schedule 8.

5. DISTRICT SCHEME PRECINCT POLICIES (a) The precinct policies in this Part shall be subject to Clause 11.6 of this Scheme. (b) The District Scheme Area is divided into Planning Precincts which may include one or more Zones. Each Planning Precinct is subject to Policy Area Statements which indicate Council's Strategy for the future development of that Area. Planning Precinct boundary descriptions and policy statements are contained in Schedule 14 of the Scheme. Planning Precinct boundaries are illustrated in Schedule 14A. (c) Where an amendment to the District Scheme Zoning is proposed the Council shall determine whether the amendment will be consistent with the precinct policies for the Area and shall-

(i) not proceed with the amendment if it is inconsistent with the precinct policies; or (ii) amend the precinct policies in terms of Clause 11.6 after review of the implications and desir-

ability of such an amendment.

6. ADDITIONAL DEVELOPMENT REQUIREMENTS IN RESIDENTIAL ZONES The development requirements in this Part shall be in addition to the requirements and development standards specified in the Zoning and Development Tables. 6.1 RESIDENTIAL DEVELOPMENT REQUIREMENTS 6.1.1 Standards for Grouped and Multiple Dwellings-

(a) the Council shall not approve an application for development of three or more grouped or multiple dwellings that cannot be connected to a reticulated sewerage system;

(b) all grouped and multiple dwelling development comprising more than three dwelling units, shall include an area, or areas, for refuse storage located, designed and screened to the satisfaction of Council. Refuse storage areas shall be a minimum area of 0.5m2 per dwelling unit and they shall be accessible from adjoining streets;

(C) each grouped and multiple dwelling unit shall be provided with one covered car parking space located behind the street setback and such cover shall be constructed of the same material as the dwelling or such other material as approved by Council; and


(d) each grouped and multiple dwelling shall have exclusive access to an enclosed and roofed storage area for each dwelling. Such storage areas shall have a minimum area of 4m2 and a minimum dimension of 1.5 metres and shall be accessible from outside the dwelling.

6.1.2 Use of Land in Front Setback (a) In a Residential Zone the land between the street alignment and the setback distance pre-

scribed by the Scheme shall be used only for access driveways and gardens and the parking of cars, boats and caravans belonging to residents of the property.

(b) In a Residential Zone the Council may permit the land between the street alignment and the setback distance prescribed by the Scheme to be used for a swimming pool or car-port if it is satisfied that- (i) the streetscape will not be adversely affected; and

(ii) a traffic hazard will not result. 6.1.3 Multi Storey Residential Buildings

(a) The Council may, at its discretion, approve a development application for any building classified as a multiple dwelling, subject to conditions.

(b) All dwelling units in a Residential building must be contained under a common roof line unless the Council approves otherwise.

6.2 SPECIAL RESIDENTIAL DEVELOPMENT REQUIREMENTS 6.2.1 Additional requirements or modifications specified in Schedule 3 apply to the areas zoned Spe- cial Residential described in that Schedule. Additional requirements specified in Planning Scheme No. 4 (Leschenault Parklands) apply to the area described in that Scheme. 6.2.2 The objective of a Special Residential Zone is to provide an intermediate zoning between Resi- dential and Special Rural and the land use should be essentially residential in nature. No person shall use or permit to be used any lot or a part of any lot for the keeping or grazing of any animals or any other use which may adversely affect the vegetation on the lot concerned, or be likely to result in soil erosion, without Council approval. 6.2.3 Where in a Special Residential Zone the Council intends to permit horses or other livestock, the Council may seek the advice of Agriculture WA and any other person or authority and may impose conditions on a planning consent to commence development to ensure that-

(i) livestock is not kept on the land in excess of the capacity of the land to sustain that stocking rate;

(ii) soil erosion and dust nuisances do not arise; and (iii) where necessary, tree planting and other remedial and preventative action is taken.

6.2.4 Notwithstanding Clauses 6.2.2 and 6.2.3 the Council may revoke approval to keep livestock on any Lot if, in its opinion, a nuisance is being caused by way of noise or dust, or degradation is occurring to the vegetation or soil on the Lot or any adjoining Lot. 6.2.5 Where a Special Residential Zone has been approved subject to development being contained within designated building envelopes on each lot, no buildings, including outbuildings shall be permitted to be erected outside the building envelope. 6.2.6 Notwithstanding the provisions of Clause 6.2.4, but subject to the provisions of Schedule 3, the Council may modify the size, shape or position of any building envelope on a lot provided i t is satisfied that such action would result in less disturbance to existing vegetation on the lot and would not increase the exposure of any development from outside the lot. 6.2.7 Where in a Special Residential Zone a lot has been substantially denuded of natural vegetation the Council may require, as a condition of development, the planting and maintenance of one hundred (100) mature trees capable of growing to at least 3 metres in height per hectare of lot area. The planting shall be concentrated in a manner such that any buildings are best screened from the fronting streets and neighbouring houses. 6.2.8 On all lots other than open space no person shall remove any trees between the Road Reserve boundary and the building envelope. 6.2.9 No person shall remove any trees from their lot unless the prior written consent of Council is first obtained. For trees which have to be removed to make way for any boundary fire breaks, required under any Act or regulation, buildings and boundary fences, the prior written consent of Council shall be deemed to have been granted. 6.2.10 No sign, hoarding or billboard shall be permitted within a Special Residential Zone unless the Council considers it is a necessity provided that no sign so permitted shall have an area greater than one square metre and written Council approval has been obtained. 6.2.11 All buildings within the Scheme area shall have external walls constructed of brick unless in the opinion of the Council the design and materials of the proposed buildings are of a sufficiently high standard to complement and blend in with the environment of the area. 6.2.12 No boundary fences shall be constructed of the following materials-

* Fibro Cement Metal Sheeting Wooden Pickets

6.2.13 The minimum standard of boundary fencing shall be post and five strand wire, 1.0m to 1.3m high, or post and fabricated fence material, ring lock or similar.


6.2.14 Council may from time to time prepare land management plans in accordance with the Bush Fires Act or any other Act or Regulation and land owners shall be required to comply with the said management plan or any orders issued thereunder. 6.2.15 Save as may be provided for in Schedule 3, the Council shall not approve the construction of a dwelling on a Special Residential Lot unless it can be connected to a reticulated water supply system.

6.3 SPECIAL RURAL DEVELOPMENT REQUIREMENTS The following provisions shall apply specifically to all land included in the Special Rural Zone in addition to any provisions which are more generally applicable to such land under this Scheme-

6.3.1 The objective of the Special Rural Zone is to select areas within the rural areas wherein closer subdivision will be permitted to provide for such uses as hobby farms, horse breeding and rurallresidential retreats, and also to make provision for retention of the rural landscape and amenity in a manner consistent with the orderly and proper planning of such area.

6.3.2 The provisions for controlling subdivision, land uses and development relating to specific Spe- cial Rural Zones will be as laid down in Schedule 4 to the Scheme and future subdivision will accord with the Plan of Subdivision for the specified area referred to in the Schedule and such plan of subdivision shall form part of the Scheme.

6.3.3 Before making provisions for a Special Rural Zone Council will prepare, or require the owner(s) of the land to prepare a submission supporting the creation of the Special Rural Zone and such submission shall include- (i) a statement as to the purpose of intent for which the zone is being created;

(ii) the reasons for selecting the particular area the subject of the proposed zone with particular reference as to how this relates to the Council's Rural Planning Strategy and Policy Areas;

(iii) a plan or plans showing contours at such intervals as to adequately depict the land form of the area and physical features such as existing building, rock outcrops, trees or groups of trees, lakes, rivers, creeks, swamps, orchards, wells and significant improvements;

(iv) information regarding the method whereby it is proposed to provide a potable water supply to each lot;

(v) the proposed staging of the subdivision and development and the criteria to be met before successive stages are implemented.

(vi) Any additional information that the Council considers pertinent to the area or site. 6.3.4 The Scheme provisions for a specific Special Rural zone shall include a plan of subdivision

showing- (i) a subdivisional concept plan to be used as a guide to future subdivision; and

(ii) areas to be set aside for Public Open Space, pedestrian access-ways, horse trails, community facilities, etc., as may be considered appropriate.

(iii) The physical features it is intended to conserve. (iv) The proposed staging of the subdivision.

6.3.5 In addition to the Plan of Subdivision, the Scheme provisions for a specific Special Rural Zone shall specify- (i) the facilities which the purchasers of the lots will be required to provide (e.g. their own

potable water supply, liquid and solid waste disposal system, etc.); (ii) proposals for the control of land uses and development which will ensure that the pur-

pose of intent of the zone and the rural environment and amenities are not impaired; and (iii) any special provisions appropriate to secure the objectives of the zone.

6.3.6 Not more than one private dwelling house per lot shall be erected. 6.3.7 The use of second hand materials for visible structures shall be prohibited. 6.3.8 The Council may, by notice served upon individual landowners or upon a subdivider of land

within this zone require the preservation of specified groups of trees and thereafter no landowner or subdivider shall cut, remove or otherwise destroy any group of trees so specified unless the Council rescinds the notice or order.

6.3.9 In addition to such other provisions of the Scheme as may affect it, any land which is included in a "Special Rural Zone" shall be subject to those provisions as may be specifically set out against i t in Schedule 4 entitled "Additional Requirements-Special Rural Zone".

6.3.10 Notwithstanding the provisions of the Scheme and what may be shown in the Plan of Subdivi- sion specified in Schedule 4, Council may recommend a minor variation to the subdivisional design to the Western Australian Planning Commission.

6.4 HOME OCCUPATION (a) An approval to carry on a Home Occupation-

(i) shall be obtained from Council prior to the commencement of any use of land not ex- pressly permitted within the Residential, Special Residential and Special Rural zones and which is incidental to the predominant use of the land for residential purposes. Such Home Occupation shall only be permitted while Council's approval is current;

(ii) shall only be granted to an individual to operate from a specified site; and (iii) cannot be transferred to another individual or site.


(b) If in the opinion of Council a Home Occupation, for which Council has granted approval, is causing a nuisance or annoyance to neighbours or to owners or occupiers of land within the neighbourhood the Council shall rescind the approval granted.

(C) Each application for an approval to carry on a Home occupation shall be considered an Appli- cation for Planning Consent and shall be subject to the provisions of Part 2 of the Scheme.

6.5 OUTLINE PLANNING AREAS DEVELOPMENT REQUIREMENTS 6.5.1 The subdivision or development of land within an O.P.A. is not permitted unless-

(a) an overall plan and report in respect thereof has been approved by the Council and the West- ern Australian Planning Commission; or

(b) a Planning Scheme in respect of the subdivision and development of land within the O.P.A. has been prepared and has come into operation (in this Clause referred to as a development scheme);

nor otherwise than in accordance with the requirements and provisions of the overall plan or the development Scheme as the case may be. An amendment report will be necessary if the land requires rezoning. 6.5.2 An overall plan shall show the following-

(a) the overall layout of road systems; (b) the location of public services, open space and community facilities; and (C) the proposed subdivision or development and shall be accompanied by a report in writing

giving details of the proposed subdivision or development. 6.5.3 Except where the Council requires a development scheme to be prepared, an owner of land within an O.P.A. who wishes to subdivide or develop the land shall before doing so submit to the Council an overall plan and a report, in accordance with the provisions of Clause 6.5.2. An amendment report will be necessary if the land requires rezoning. 6.5.4 The Council may require that a development scheme be prepared for an O.P.A. or portion thereof if the Council is of the opinion that i t is impossible or impracticable for the subdivision or development of the O.P.A. or portion thereof to be carried out otherwise than pursuant to a development Scheme because of inability or likely inability of owners of land to reach agreement as to the sharing of costs or otherwise there being development costs applicable to some owners but not others, there being a requirement for contributions of land by some owners but not others or for any other reason the Council considers sufficient. 6.5.5 The provisions of Clause 6.5.1 do not apply to the following forms of subdivision or development-

(a) a subdivision to effect a minor boundary adjustment; (b) a subdivision to which Section 25 of the Act applies relating to encroachments; (C) the carrying out of development for a purpose of a use marked P in the Zoning and Develop-

ment Table; or (d) the erection of an outbuilding.

6.5.6 Subject to compliance in each case with the requirements and provisions of the Scheme applicable thereto as set out in Schedule 6.

6.6 POLICY PRECINCTS-SPECIAL DESIGN 6.6.1 PRECINCT YARLOOP 1 (P.Y.1) The following Building Design Guidelines shall apply to the construction of new dwellings and other buildings on land contained within the Precinct Yarloop 1 Area (PY1) as outlined on the Scheme Map. The objective of the Precinct-

* to encourage development which is sympathetic in design and appearance to the traditional Mill housing within the townsite.

(a) Scale and Proportion Traditionally, buildings associated with mill towns have a greater height to width ratio. There is a strong vertical element of roof pitch, verandah, door and window details. Ceiling heights average 2.7 metres.

(b) Roof A pitch in excess of 26O is common, with the use of corrugated iron material. Additions and new buildings should use similar roof shapes, pitches and materials to existing buildings. Use of custom orb steel sheeting (Colorbond) is an acceptable alternative to corrugated iron.

(C) Wall Cladding * Horizontal weatherboards (or a similar material which is acceptable to Council) which

replicates the traditional profiles will be a requirement of Council. * Council will consider applications for the development of buildings which may not com-

ply with the above requirements but which exhibit traditional design andlor materials consistent with the general provisions of these guidelines.

(d) Windows and Doors * Critical to maintain consistency. * Use of timber frames with a vertical emphasis. * Large window area in relation to the balance of walls is not permitted.


* Aluminium frames for windows and doors is to be discouraged, where they are specially fabricated to replicate the traditional timber windows, they may be approved.

(e) Verandahs * Verandahs are to be a traditional split pitch skillion roof. * Enclosure of verandah on the front elevation is to be discouraged.

(0 Fences * Use of shaped post and rail with or without cyclone mesh wire, or timber pickets is recom-

mended. * No fibro cement, solid materials or brick walls will be permitted.

(g) General * Retain existing vegetation (mature trees) and natural landform features to the fullest

extent possible, and replant local native vegetation. * Colours and materials-use of natural traditional tonnes of low reflective quality Col-

ours may include olive, ochre, light brown, fawn, greys, blue-greys. * Solar access-improvements in thermal comfort and reduced cooling and heating costs can

occur through careful orientations and siting of buildings. This may also be achieved by design of windows, verandahs and material choice.

* Council will require an application for single dwelling be the subject of an application for planning approval in accordance with the provisions of the Scheme, adhere as closely as possible to the intent of the Policy Statement and to the Development Guidelines, and Council when considering the application may negotiate with the applicant means of carrying out the development in order to achieve the Council's objective.

6.7 RESIDENTIAL DEVELOPMENT ZONE 6.7.1 It is intended that land in this zone be progressively developed for residential purposes, and for commercial and other uses normally associated with residential development. 6.7.2 Before granting andlor recommending approval to any development within this zone that involves subdivision or follows subdivision, the Council shall require the submission of a Structure Plan for the whole of the Residential Development Zone. The Structure Plan shall show-

(i) the topography of the area; (ii) the existing major road systems;

(iii) the location and width of proposed roads; (iv) the approximate location and quantity of shopping, civic and public facilities proposed, to-

gether with an analysis of the factors used in the determination of the need for such facilities; (V) the approximate location of the recreation and open space areas proposed. Open space to be

related to creeklines, native vegetation and other natural features; (vi) the population and residential densities proposed;

(vii) the basic layout of a sewerage system; (viii) the layout of a comprehensive drainage strategy, both land and stormwater;

(ix) landholdings adjacent to or in the vicinity of the area the subject of the application; (X) the development proposed, the method of carrying out the development and the projected

times of completion of each stage of the development; and (xi) such other information as shall be required by Council.

6.7.3 (i) If the Council resolved to approve the Structure Plan in principle, it shall advertise that the Structure Plan has been prepared and will be available for public inspection a t the Offices of the Council. The advertisement shall state that submissions to the Structure Plan be made to the Clerk of the Council and shall nominate a date not being less than twenty one days from the date of the last advertisement before which such submissions may be made.

(ii) Notwithstanding (i), the Structure Plan may be advertised as part of a scheme amendment. (iii) The advertisement of the preparation of the Structure Plan shall be by notice a t weekly

intervals for each of two consecutive weeks in a newspaper circulating in the District. (iv) The Council shall consider the submissions, if any, to the Structure Plan, and after such

consideration, may resolve in regard to the Structure Plan for a Residential Development Zone to- (a) adopt the plan; (b) adopt the plan subject to modification; or (C) reject the plan.

(V) Where the Council resolves to adopt the plan, it shall submit the Structure Plan together with any submissions and request the Western Australian Planning Commission to adopt the plan submitted as the basis for approval of subdivision and development applications within the area covered by the plan.

(vi) Where Council rejects the Structure Plan for a Residential Development Zone, or at- taches conditions or requires modifications which the applicant considers unreasonable, the applicant shall have a right of appeal, pursuant to Part V of the Act.


(vii) Notwithstanding Clause 6.7.3 (vi), the applicant shall, prior to exercising any right of appeal pursuant to Part V of the Act, submit the Structure Plan and Council's resolution to the Western Australian Planning Commission and request the Western Australian Planning Commission to make a determination.

(viii) When adopting a Structure Plan for a Residential Development Zone, Council may revoke any previous Council adoption of a Structure Plan for the land.

(ix) Upon application in writing being made and signed by each owner of land shown on an adopted Structure Plan, the Council may, at its discretion, subject to the approval of the Western Australian Planning Commission, amend the adopted Structure Plan by making alterations, if Council considers that the proposed departure or alterations will not prejudice the progressive development of the land the subject of the Structure Plan.

6.7.4 The additional requirements or modifications to the provisions of the Zoning and Development Table specified in Schedule 19 apply to areas zoned Residential Development described in that Sched- ule.

7. ADDITIONAL DEVELOPMENT REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL ZONES

7.1 COMMERCIAL AND INDUSTRIAL DEVELOPMENT REQUIREMENTS 7.1.1 Access for loading and unloading vehicles-

(a) Unless the Council otherwise approves and subject to any conditions it imposes a person shall not develop any land or building within the Commercial, Industry or Special Use Zones, for any purpose unless there is provided a sealed and drained accessway for vehicles from a street to the land or building so that loading and unloading can take place off the street and vehicles may return to the street in forward gear.

(b) The accessway shall be not less than 4.5m in width but if the size of the lot makes the provision of an accessway of that width impracticable or unreasonable the Council may permit an accessway of a narrower width but in no case less than 3m in width.

(C) A sealed and drained area for loading and unloading being not less than 3.5m in width by 7m with a minimum height clearance of 3.5m shall also be provided.

7.1.2 Use of land in Front Setback (a) On site areas of less than 4 000m2 in the Commercial and Industry Zones, and in the Hotel

and Service Station Zones, a person shall not develop the land between the street alignment and the setback distance prescribed by the Scheme except for one or more of the following- (i) an access driveway;

(ii) a parking area; (iii) loading and unloading of vehicles; (iv) a trade display, but not within 3m of the street alignment; or (v) garden or other landscaping.

(b) On site areas of 4,000m2 or more in the Commercial or Industry Zones, Council shall require as a condition of development that at least 10% of the site area be set aside and developed as landscaping and at least one half of the landscaped area shall be on the front and side mar- gins of the site.

(C) Council may, by adopting the procedures of Clause 2.3.1 "Application for Special Approval" reduce the front boundary setback in the Commercial zone by up to 50% provided that-

(i) Council is satisfied that adequate off street parking is available at the side or rear of the proposed development and access to that parking can be obtained from the front street alignment;

(ii) traffic flow within the lot and on the adjoining road system will not be adversely affected; (iii) such reduction will not prejudice the long-term co-ordinated development of the street,

and (iv) the design and proposed standard of finish of the proposed development is of sufficient

quality to justify a reduction in setback requirements. 7.2 FACTORY UNIT REQUIREMENTS

(a) The floor-area shall be a minimum of 100m2, unless otherwise approved by Council. (b) A minimum width or depth of six metres. (C) There shall be appurtenant to each factory unit an area not less than 50m2 for a storage yard. (d) Each storage yard shall be separated from adjoining storage yards by a fence, and shall be

screened from a public road by a closed screen fence or wall of not less than 1.8 metres in height.

(e) Each factory unit and storage yard shall have direct access onto a paved internal service road, and there shall be connecting vehicular access between each factory unit and its open yard.

( f ) If a service road is situated between buildings, or between a building and boundary of the lot, it shall not be less than six metres in width. If a service road is situated between an open yard, or an open yard and a building of a side boundary, it shall not be less than 4.5 metres in width. In any event, the Building Code of Australia will prevail.

(g) All internal access roads shall be constructed to ensure that all vehicles can return to the road in a forward gear.


7.3 KEMERTON PARK INDUSTRIAL AREA AND BUFFER (a) In addition to such other provisions of the Scheme as may affect it, land included in the

Kemerton Park Industry, Kemerton Ancillary Industry, Kemerton Buffer and Inter Industry Buffer Zones shall be subject to those provisions set out in Schedule 5-Additional Require- ments-Industrial Zones (Area 2) Kemerton Industrial Area and Buffer Statement of Policy

8. ADDITIONAL DEVELOPMENT REQUIREMENTS IN RURAL ZONES 8.1 SCENIC ROADS VISUAL PROTECTION

(a) Council may from time to time declare that certain roads of scenic value, shall be the subject of a building setback line either by specifying a distance or by marking in a plan certified by the Shire Clerk. Such a setback or building line shall apply in addition to the setback specified for the zone or use specified in the Zoning and Development Table. The Building Line setbacks on the roads declared by Council as having scenic value are as per the following table and apply outside the Townsite boundaries only-

1. Treendale Road 50m both sides from its eastern junction with Raymond Road to its western junction with Raymond Road.

2. Raymond Road 50m both sides from the Australind Bypass Road to the South Western Highway.

3. Clifton Road 80m both sides between Australind Bypass Road and the western edge of the Brunswick townsite.

4. Forestry Road 80m both sides between Old Coast Road and Myalup Beach Road.

5. Myalup Beach Road 80m both sides between Reading Road (Myalup) and Government Road.

6. Uduc Road 80m both sides between Government Road and Fourth Street.

7. Johnston Road 80m both sides between Logue Brook Drain and Northern Boundary of Shire.

8. Old Coast Road 80m both sides between Northern Boundary of Shire and Australind Cemetery.

9. South Western Highway 80m both sides between Northern Boundary and Southern Boundary of Shires excluding town sites.

10. Coalfields Highway 80m both sides between South Western Highway and Eastern Boundary of Shire.

11. Wellesley Road 80m both sides on land within the Shire.

12. Australind Bypass 80m both sides on land within the Shire.

13. Cathedral Avenue (otherwise known as Scenic Drive) The building line setback for Cathedral Avenue (known as Scenic Drive) be 200 metres where practicable and for narrower sections the setbacks be such that buildings are located at the base of the Leschenault Escarpment.

(b) Council may from time to time declare building envelopes with respect to a particular lot or lots and where such a declaration is made, the building envelope(s) shall be marked on a plan and certified by the Shire Clerk and thereafter the building envelope@) shall apply in lieu of the boundary setbacks that would otherwise have applied.

(C) Without prejudice to the provisions of Clause 8.l(a) where it can be demonstrated that the lot configuration prohibits a structure from being located behind the building lines declared by Council or where the proposed structure is to form part of an existing group or cluster of buildings Council may, by resolution passed by an absolute majority, grant planning consent to the development subject to any conditions the Council thinks fit provided the structure is sited no closer to the front boundary than the setback specified for the zone.

(d) Where a building envelope has been established on a lot and that building envelope is no longer appropriate, notwithstanding anything herein contained, Council may establish an alternate building envelope in accordance with Clause 8.l(b) of the Scheme.

(e) Within the building setback lines specified in Clause 8.l(a) no public sign, advertisement, hoarding or notice shall be erected unless written approval has been granted by Council.

(0 Council shall not approve the erection of any advertisement for a service or commodity which is not produced, offered or sold on the Lot on which the advertisement is proposed to be erected.

(g) Approval for a sign shall be limited to six months unless the Council specifies otherwise.


(h) Council, in its absolute discretion, may refuse, limit or otherwise restrict or impose conditions governing the manner of operations of any extractive industry within the building setback lines specified in Clause 8.l(a).

(i) Before granting approval under Clause 8.l(h) the Council shall by negotiation approve a restoration programme for worked sections of the excavations and shall ensure satisfactory financial guarantees are lodged with the Council to ensure that such restoration work is implemented.

8.2 DEVELOPMENT NEAR COAST AND SHORES Without limiting the intent of Clause 8.1, any major development proposal within 200 metres of a shoreline of the Leschenault-Estuary, Lake Preston, Collie, Brunswick, Harvey Rivers, Harvey Weir, Logue Brook Dam, Stirling Dam, Wellesley River, downstream of Mitchell Road, other than on land zoned "Residential", will be referred to the Department of Conservation and Land Management, the Leschenault Inlet Management Authority or Peel Inlet Management Authority, where considered appropriate by Council, for comment and recommendation prior to determination by Council. In the event of a dispute as to the position of the winter flood line the decision of the Council acting on the advice of the Water Authority of Western Australia shall be final. 8.3 COLLIE AND BRUNSWICK RIVER FLOOD STUDY A person shall not commence or carry out any development, without the prior consent of Council, including, but without limiting the generality of that expression, excavation, filling or planting or removal of vegetation unless the proposed finished levels are in accordance with the Collie and Bruns- wick River Flood Study as released by the Water Authority of Western Australia in September, 1981, and adopted by Council on 14th February, 1989. 8.4 PLANNING PRECINCTS In considering any application for development, rezoning or subdivision in the rural areas of the Shire, Council shall be guided by the various Planning Precinct Policy Area Statements, as outlined in Schedule 14. 8.5 PEEL HARVEY COASTAL PLAIN CATCHMENT-STATEMENT OF PLANNING POLICY NO. 2 8.5.1 For the purposes of this Scheme the Peel-Harvey Coastal Plain Catchment means the Peel Harvey Coastal Plain Catchment as set out in Western Australian Planning Commission Statement of Plan- ning Policy No. 2, together with any amendments thereto. 8.5.2 Council shall abide by the objectives and Policy Statements contained in the Draft Environmen- tal Protection Policy (Peel-Harvey Estuarine System) 1992 and the Peel-Harvey Coastal Plain Catch- ment Statement of Planning Policy, as amended, a copy of which shall be kept and made available for public inspection at the offices of the Council. 8.5.3 For the purposes of the definition of development under the Act "Intensive Farming" shall be deemed to be a material change of use requiring the approval of Council. 8.5.4 In considering a proposal to develop land for Intensive Farming the Council shall-

(i) Take account of soil types, slope and groundwater flows and surface water drainage and proximity to the estuary;

(ii) Take account of the objectives of the Peel-Harvey Coastal Plain Catchment Statement of Plan- ning Policy, as amended, with respect to the potential impact of the proposal on the environment and water quality; and

(iii) seek advice from Agriculture Western Australia and the Department of Environmental Pro- tection and take account of that advice in making its determination or defer the decision pending a formal assessment under Part IV of the Environmental Protection Act.

8.6 SWAN COASTAL PLAIN LAKES POLICY 8.6.1 The Environmental Protection (Swan Coastal Plain Lakes) Policy (1992) nominated a number of lakeslwetlands which are to be afforded the highest level of environmental protection. A number of those wetlands are found within the Shire of Harvey 8.6.2 Any development proposal forwarded to Council which may cause adverse impacts on an Envi- ronmental Protection Policy wetland, as identified in the Policy, shall be determined by Council in accordance with the requirements and objectives of the Policy

9. GENERAL DEVELOPMENT REQUIREMENTS The following requirements are applicable in all zones. 9.1 PLACES OF LANDSCAPE VALUE-DEVELOPMENT REQUIREMENTS 9.1.1 The places and buildings described in Schedule 1 and situated on the lands shown as Places of Landscape Value or Buildings and Places of Heritage significance on the Scheme maps are considered by the Council to be of historic, architectural, scientific, scenic or other value and should be retained in their present state, or restored to their original state, or to a state acceptable to the Council. Specific policies relating to Place of Landscape Value are outlined in Schedule 2. 9.1.2 A person shall not without the special approval of the Council at or on a place of landscape value carry out any development including, but without limiting the generality of the foregoing-

(a) the erection, demolition or alteration of any building or structure (not including farm fencing, wells, bores or troughs and minor drainage works ancillary to the general rural pursuits of the locality);

(b) clearing of land or removal of trees associated with a building of Heritage Value; (C) the erection of advertising signs; and (d) the clearing of land.


9.1.3 The provisions of Clause 2.3 apply with the necessary modifications to applications for the special approval of the Council under Clause 4.2.2. 9.1.4 Subdivision proposals within Places of Landscape Value should reflect the high quality rural landscape of the area and lots less than 40ha in area would not be supported by Council.

9.2 CONSERVATION OF BUILDINGS AND PLACES OF HERITAGE SIGNIFICANCE 9.2.1 Purpose and Intent The purpose and intent of the heritage provisions is to-

(a) ensure the conservation of any place, area, building, object or structure of heritage value as outlined in Schedule 1.

(b) afford the opportunity for existing traditional uses to be continued or allow for the approval of alternative uses which are compatible with the heritage values and amenity of the locality;

(C) ensure that development or redevelopment within or adjacent to places of heritage value has due regard to the heritage value of the place and is in harmony with the character of the locality.

9.2.2 Heritage List (a) The Council shall establish and maintain a Heritage List of buildings, objects, structures and

places considered by the Council to be of heritage significance and worthy of conservation. (b) For the purposes of this part, the Heritage List means the Municipal Inventory, as amended

from time to time, prepared by the Council pursuant to Section 45 of the Heritage of Western Australia Act 1990 (as amended), or such parts thereof as described in the Heritage List.

(C) The Council shall keep copies of the Heritage List with the Scheme documents for public inspection during normal office hours.

9.2.3 Designation of Heritage Precincts (a) The Council may designate an area of land to be a Heritage Precinct where, in the opinion of

the Council, special planning control is needed to conserve and enhance the heritage values and character of the area.

(b) The Council shall adopt for each Heritage Precinct a Policy Statement which shall comprise- (i) a map showing the boundaries of the precinct;

(ii) a list of any buildings, objects, structures or places of heritage significance; (iii) objectives and guidelines for the conservation of the precinct.

(C) The Council shall keep a copy of the Policy Statement for any designated Heritage Precinct with the Scheme documents for public inspection during normal office hours.

(d) The Council, before designating a Heritage Precinct, shall- (i) The Council shall notify, in writing, each owner of the land affected by the proposal.

(ii) advertise notice of Council's intention in a newspaper circulating in the district and by the erection of a sign in a prominent location in the area affected by the designation, and by such other methods as the Council consider necessary to ensure widespread notice of the proposal, describing the area subject of the proposed designation;

(iii) invite submissions on the Council's intention within 28 days of the date specified in the notice in (i) above;

(iv) carry out such other consultations as it thinks fit; (V) consider any submissions made and resolve to designate the Heritage Precinct with or

without modification or reject the proposal; and (vi) forward notice of its decision to the Heritage Council of Western Australia and Western

Australian Planning Commission. (e) The Council may modify or may cancel a Heritage Precinct or any Policy Statement which

relates to it by following the procedure set out in Clause 9.2.3 (d) above.

9.2.4 Applications for Development Approval (a) In dealing with any matters which may affect a Heritage Precinct or individual entry on the

Heritage List, including any application for development approval, Council shall have regard to any Heritage Policy of the Council.

(b) The Council may, in considering any application that may affect a Heritage Precinct or individual entry on the Heritage List, solicit the views of the Heritage Council of Western Aus- tralia, the Australian Heritage Commission, the National Trust of Australia (WA) and those of any other relevant bodies, and take those views into account when determining the application.

(C) Notwithstanding any existing assessment on record, Council may require a heritage assessment to be carried out prior to the approval for any development proposed in a Heritage Pre- cinct or individual entry listed on the Heritage List.

(d) Notwithstanding any other provision of the Scheme, no person shall commence or carry out any development affecting any building, object, structure or place listed in the Inventory or contained within a Heritage Precinct without first having applied for and obtained the planning approval of the Council pursuant to the provisions of Part 9.2.5 of the Scheme.

(e) For the purposes of Clause 9.2.4 (c) the term "development" shall have the meaning as set out in the Town Planning and Development Act (as amended) but shall also include, in relation to


any building object, structure or place entered in the Heritage List or contained within a Heritage Precinct, any act or thing that-

(i) is likely to change the character of the place or the external appearance of any building; or

(ii) would constitute an irreversible alteration to the fabric of any building.

9.2.5 Formalities of Application In addition to the application formalities prescribed in paragraph 9.2.4 and any formalities or requirements associated with development applications contained in any other provision of the Scheme, the Council may require an applicant for development approval, where the proposed development may affect a place of cultural heritage significance or A Heritage Precinct, to provide one or more of the following to assist the Council in its determination of the application-

(a) street elevations drawn to a scale not smaller than 1:100 showing the proposed development and the whole of the existing development on each lot immediately adjoining the land the subject of the application, and drawn as one continuous elevation;

(b) side and rear elevations of the proposed development, drawn to a scale of not smaller than 1:lOO;

(C) in addition to a site plan, a plan of the proposed development site showing existing and proposed ground levels over the whole of the land the subject of the application, and the location, type and height of all existing structures and of all existing vegetation exceeding 2 metres in height, and marking any existing structures and vegetation proposed to be removed; such plan shall be drawn to the same scale as the site plan;

(d) an assessment of the cultural significance of any existing buildings and the development site according to Policy guidelines adopted by the Council;

(e) a detailed schedule of all finishes, including materials and colours of the proposed development, and unless the Council exempts the applicant from the requirement or any part of it, also the existing developments on the subject lot and on each lot immediately adjoining the subject lot; and

( f ) any other information which the Council indicates that it considers relevant.

9.2.6 Variations to Scheme Provisions The Council may approve any development which involves the conservation of the whole or part of any place of cultural heritage significance or Heritage Precinct or its replacement if accidentally destroyed, notwithstanding the proposed works do not comply with the Residential Planning Codes or any provision, standard or requirement of the Scheme. 9.2.7 Conservation Incentives

(a) In dealing with any application concerning or affecting a place of cultural heritage significance or a Heritage Precinct, the Council may for the purpose of conserving or enhancing the place or precinct give a special approval, benefit, allowance or incentive, including but not limited to, the granting of density bonuses.

(b) Where in the Council's opinion the granting of a conservation incentive is likely to affect any owners or occupiers in the general locality or adjoining the site which is the subject of consideration for the incentive, the Council shall consult the affected parties by following one or more of the provisions dealing with advertising uses pursuant to Clause 2.3 of the Scheme and shall have regard to any expressed views prior to making its decision to grant the incentive.

(C) In granting a conservation incentive under Clause 9.2.7 (a) the Council may enter into a heritage agreement under Part 4 of the Heritage ofwestern Australia Act 1990 with an owner who would benefit from the incentive. The agreement may specify the owner's obligations and contain covenants noted on relevant Certificates of Title.

9.2.8 Density Bonuses (a) Within a Heritage Precinct, the Council may permit on a residential lot an increase (as speci-

fied by Council) of dwelling density which otherwise would not apply on that lot under the Residential Planning Codes. The density bonus shall only be granted where the increased development would not adversely affect the cultural heritage significance or character or amenity of the place, the streetscape or precinct, and if one or more of the following circumstances apply- (i) provision is made for the preservation of significant landscape features, including signifi-

cant trees or other vegetation; (ii) provision is made for the carrying out of conservation works approved by the Council on

a heritage place; or (iii) an agreement is otherwise entered into for a contribution to be made to the Council's

current municipal heritage conservation program. (b) In a case where the Council has allowed under Clause 9.2.8 (a) an increase in the permitted

dwelling density, the standards and provisions of the higher density code applicable to that permitted dwelling density shall apply.

9.3 CAR PARKING REQUIREMENTS (a) The car parking requirements for each zone and each use are set out in the Zoning and Devel-

opment Table.


(b) Subject to the provisions of this clause the car parking requirements shall be provided on the site which is the subject of the proposed development or with the approval of the Council in the immediate vicinity thereof.

(C) Each parking space shall be not less than the dimensions shown in Schedule 9 for the type of parking layout adopted.

(d) All parking spaces and all necessary accessways shall, unless the Council agrees otherwise and except as hereinafter provided, be sealed, drained, and kerbed.

(e) Where the dimensions for an open car parking area exceed 20m in length or width, one parking space in every ten shall be used for garden and planting of native plants and trees to provide visual relief, those parking spaces shall be included in calculations as car parking and not as landscaping. For the purpose of this Clause any open display area in car sales premises or in premises used in the display and sale of boats or industrial or agricultural plant or machinery are deemed to be Open Car Parking Areas.

(0 Where the owner demonstrates to the satisfaction of the Council that there is not the demand for the number of parking spaces specified in the Zoning and Development Table, the Council may permit the owner to provide landscaping in lieu of parking spaces not constructed and the landscaping shall be included in calculations as car parking but not as landscaping.

(g) When considering an application for planning consent the Council shall have regard to and may impose conditions in respect of the location and design of the required carparking spaces, the planting of native trees and shrubs and pedestrian spaces on the lot; and in particular, but without limiting the generality of the foregoing, the Council shall take into account and may impose conditions concerning-

(i) the proportion of parking spaces to be roofed or covered; (ii) the proportion of parking spaces to be below natural ground level;

(iii) the means of access to each parking space and the adequacy of any vehicular manoeu- vring area;

(iv) the location of parking spaces on the lot and their effect on the amenity of adjoining properties, including the potential effect if those spaces should later be roofed or covered;

(v) the extent to which parking spaces are located within required setback area; (vi) the location or proposed location of footpaths and vehicular crossings and the effect on

pedestrian and vehicular traffic movement and safety; (vii) the practical possibility of adjoining land uses with different trading hours sharing the

car parking requirements. (h) In Commercial and Special Use Zones, where a developer can satisfy the Council that the

minimum car parking requirements cannot be provided on the site the Council may accept a cash payment in lieu of the provision of car parking spaces but subject to the requirements of this clause-

(i) a cash-in-lieu payment shall be not less than the estimated cost to the owner of providing the land and constructing the parking spaces required by the Scheme. The value of that area of his land which would have been occupied by the parking spaces may be stated by the Valuer General or by a licensed valuer appointed by Council;

(ii) before the Council agrees to accept a cash payment in lieu of the provision of parking spaces, the Council must either have already provided a public car park area nearby within a period of not more than eighteen months from the time of agreeing to accept the cash payment; and

(iii) payments made under this clause shall be paid Into a special fund to be used to provide public car parks.

9.4 PARKING OF COMMERCIAL VEHICLES No commercial vehicle in excess of three tonnes tare weight shall be permitted on any residential lot without approval of the Council except for the purpose of delivery or loading normally associated with domestic uses.

9.4.1 The Council shall not grant approval unless- (a) provision is made for the vehicle to be housed in a garage or parked behind the building line; (b) the vehicle together with its load does not exceed three metres in height; and (C) in the Council's opinion the parking of the vehicle will not prejudicially affect the amenity of

the neighbourhood due to the emission of light, noise, vibration, smell, fumes, smoke or dust.

9.4.2 Where the Council grants its consent pursuant to Clause 9.4, such consent shall be on an annual basis renewable at the Council's discretion and the Council shall not renew its consent if the parking of the vehicle in question-

(a) is causing a nuisance or annoyance to the owners or occupiers of land in the neighbourhood; or

(b) does not comply with the provisions of Clause 9.4.1.

9.4.3 Where the Council revokes its approval or decides not to renew its consent for the parking of such a vehicle on a residential lot, no person shall park a vehicle in excess of three tonnes tare weight on the subject land without the approval of the Council.


9.5 LANDSCAPING (a) The landscaping requirement shown in the Zoning and Development Table or referred to in

the Scheme means an open area designed, developed and maintained as garden planting and areas for pedestrian use and, at the discretion of the Council, it may include bushland, swimming pools and areas under covered ways but recreational buildings, amenity buildings, garbage collection and handling spaces and other open storage areas shall not be included.

(b) Access driveways between a street alignment and a building may be included in the landscaping requirement but otherwise car parking areas and driveways shall not be included.

(C) The Council may in a landscaped area restrict the use of concrete, gravel, pebble and other hard materials and require the planting of native trees, shrubs, lawns or other cover that require little maintenance.

(d) Where a proposed development utilises less than fifty percent of the allowable plot ratio, the Council may reduce the landscaping requirement, but the landscaping requirement shall be required proportionately as subsequent development occurs.

(e) A requirement of the landscaping is that one tree capable of growing to a height of 3m or more shall be planted for every 10M2 of landscaped area but this requirement does not apply in the case of residential land use.

9.6 BATTLE-AXE LOTS In the application of the Zoning and Development Table to battle-axe lots the following standards apply-

(a) the requirements of plot ratio and site coverage and other site requirements shall be applied to the area as calculated in accordance with paragraph (b) hereof;

(b) the setback requirements of the Table shall be applied according to the direction in which the dwelling faces or in such other direction as is agreed between the Council and the owner.

9.7 DEVELOPMENT OF LOTS WITH MORE THAN ONE STREET FRONTAGE Where development is proposed on a lot which has more than one street frontage, the Council shall decide if a dispute arises which street (if any) is the street frontage for the purposes of the Zoning and Development Table and the other provisions of the Scheme.

9.8 GENERAL APPEARANCE OF BUILDINGS Council will not permit the erection of a building which by virtue of colour or type of materials, architectural style, height or bulk, ornamental or general appearance has an exterior design which is out of harmony with existing buildings or the landscape character of the area. 9.9 EXCAVATION AND FILLING OF LAND Unless otherwise approved by Council, no person shall permit the ground level of any portion of a lot to be altered by a height exceeding 1.5 metres. In considering an application to change the level of a lot, Council shall have regard to-

(a) its likely impact on the amenity or appearance of the land immediately surrounding the proposed retention;

(b) the suitability of the method of retention proposed; (C) the materials, shape, height or proximity of the retention to, and its likely effect on the out-

look from, surrounding land; (d) the effect on the usability of the land on which the retention is proposed; and (e) any flood plain studies and management strategies applicable to that area.

9.10 CONTROL OF ADVERTISING 9.10.1 For the purpose of this Scheme, the erection, placement and display of advertisements and the use of land or buildings for that purpose is development within the definition of the Act requiring, except as otherwise provided in Clause 9.10.5, the prior approval of the Council. Such planning consent is required in addition to any licence pursuant to Council's Signs and Hoarding and Bill Posting By-laws. 9.10.2 Applications for Council's consent pursuant to this Part shall be submitted in accordance with the provisions of Clauses 2.1-2.7 inclusive of the Scheme and shall be accompanied by a completed Additional Information Sheet in the form set out at Schedule 15 giving details of the advertisement(s) to be erected, placed or displayed on the land. 9.10.3 Existing Advertisements Advertisement which-

(i) were lawfully erected, placed or displayed prior to the approval of this Scheme, or (ii) may be erected, placed or displayed pursuant to a licence or other approval granted by the

Council prior to the approval of this Scheme, hereinafter in this part referred to as "existing advertisements", may, except as otherwise provided, continue to be displayed or be erected and displayed in accordance with the licence or approval as appropriate.

9.10.4 Consideration of Applications Without limiting the generality of the matters which may be taken into account when making a decision upon an application for consent to erect, place or display an advertisement, Council shall exam- ine each such application in the light of the objectives of the Scheme and with particular reference to the character and amenity of the locality within which it is to be displayed, including its historic or landscape significance and traffic safety, and the amenity of adjacent areas which may be affected.


9.10.5 Exemptions from the Requirement to Obtain Consent Subject to the provisions of the Main Roads (Control of Signs) Regulations 1983 and notwithstanding the provisions of clause 9.10.1, the Council's prior consent is not required in respect of those advertisements listed in Schedule 16 which for the purpose of this Part are referred to as "exempted advertisements" and a sign that stands alone and is under 4m2 in area. The exemptions listed in Schedule 16 do not apply to places, buildings, conservation areas or landscape protection zones which are either-

(i) listed by the National Trust; (ii) listed on the register of the National Estate; or

(iii) included in Local Authority District Planning Schemes because of their heritage or landscape value.

9.10.6 Discontinuance Notwithstanding the Scheme objectives and Clause 9.10.5, where the Council can demonstrate exceptional circumstances which cause an exempted or existing advertisement to seriously conflict with the objectives of this part, it may by notice in writing (giving clear reasons) require the advertiser to remove, relocate, adapt, or otherwise modify the advertisement within a period of time specified in the notice. 9.10.7 Derelict or Poorly Maintained Signs Where, in the opinion of the Council, an advertisement has been permitted to deteriorate to a point where it conflicts with the objectives of the Scheme or i t ceases to be effective for the purpose for which it was erected or displayed, Council may by notice in writing require the advertiser to-

(i) repair, repaint or otherwise restore the advertisement to a standard specified by Council in the notice; or

(ii) remove the advertisement. 9.10.8 Notices

(a) The advertiser shall be interpreted as anyone or any group comprised of the landowner, occupier or licensee; and

(b) Any notice served in exceptional circumstances pursuant to Clause 9.10.6 or pursuant to Clause 9.10.7 shall be served upon the advertiser and shall specify-

(i) the advertisement(s) the subject of the notice; (ii) full details of the action or alternative course of action to be taken by the advertiser to

comply with the notice; and (iii) the period, not being less than sixty days, within which the action specified shall be

completed by the advertiser. (C) Any person upon whom a Notice is served pursuant to this Part may, within a period of sixty

days from the date of the Notice, appeal to the Hon. Minister for Planning or the Town Plan- ning Appeal Tribunal in accordance with Part 5 of the Act, and where any such appeal is lodged the effect of the Notice shall be suspended until the decision to uphold, quash or vary the notice is known and shall thereafter have effect according to that decision.

9.10.9 Scheme to Prevail Where the provisions of this Part are found to be at variance with the provisions of the Council's Signs, Hoarding and Bill Posting By-laws, the provisions of the Scheme shall prevail. 9.11 RELOCATED DWELLINGS 9.11.1 A relocated dwelling may not be transported to and placed on a lot within the District and thereafter occupied as a residential dwelling (whether in whole or in part) except with the approval of Council and in accordance with any conditions contained in such an approval. 9.11.2 In considering whether or not to grant approval for a relocated dwelling the Council shall have special regard to-

(i) the appearance and external materials of the dwelling, and any proposed alterations thereto; (ii) the amenity of the locality;

(iii) the visual prominence of the site; (iv) all applicable statutes, by-laws and regulations relating to dwelling houses applicable both to

the relocated dwelling and the lot upon which it is to be located following transportation. 9.11.3 In granting an approval for a relocated dwelling the Council may impose conditions including conditions which-

(i) require the applicant or owner to obtain a special building licence in accordance with Section 399 of the Local Government Act; andlor

(ii) require the applicant or owner to provide a bond or bank guarantee to Council as surety for the completion of the relocated dwelling to a standard of presentation acceptable to Council within a specified time frame. Should Council require the provision of a bond, such monies so received shall be deposited in an Interest Bearing Trust Account and upon the satisfactory completion of the necessary works, such monies owing shall be refunded.

9.12 ALTERNATIVE EFFLUENT DISPOSAL SYSTEMS 9.12.1 Where there is no reticulated sewerage available, and in the opinion of Council, the Health Department of WA and the Department of Environmental Protection, the operation of septic tanks will not work satisfactorily, Council may require landowners to install alternative effluent disposal systems at the time of development, provided that the approval of the Health Department and the Department of Environmental Protection is given.


9.12.2 All new effluent disposal systems shall be of a type designed specifically to minimise nutrient discharge to the groundwater approved by the Department of Environmental Protection and the Health Department of Western Australia. 9.12.3 Council shall require owners of land utilising alternative effluent disposal systems to maintain the wastewater treatment and disposal system in accordance with the "Treatment of Sewerage and Disposal of Effluent and Liquid Waste Regulations", produced by the Health Department of Western Australia. 9.12.4 Where Council requires the installation of alternative effluent disposal systems, the owner or subdivider of land shall make arrangements to the satisfaction of Council to inform prospective purchasers of the requirements of Clause 9.12.

10. NON-CONFORMING USES 10.1 NON-CONFORMING USE RIGHTS No provision of the Scheme shall prevent-

(a) the continued use of any land or building for the purpose for which it was being lawfully used at the time of coming into force of the Scheme; or

(b) the carrying out of any development thereon for which, immediately prior to that time, a permit or permits, lawfully required to authorise the development to be carried out, were duly obtained and are current.

10.2 EXTENSION OF NON-CONFORMING USE A person shall not alter or extend a non-conforming use or erect alter or extend a building used in conjunction with a non-conforming use without first having applied for and obtained the planning consent of the Council under the Scheme and unless in conformity with any other provisions and requirements contained in the Scheme, and the Council may require-

(a) compliance with the requirements applicable to any zone in which the non-conforming use is carried on;

(b) compliance with the requirements applicable to the zone in which the non-conforming use would, subject to compliance with the other provisions of' the Scheme, be permitted;

(C) compliance with any requirements applicable to the use class in which the non-conforming use is comprised, in any zone in which that use class is permitted; or

(d) compliance with any other requirements which the Council may specify for the purpose of securing the amenity, health or convenience of the area. In this regard the Council may waive any of the requirements of (i), (ii) and (iii) above if, in its opinion, a better development, within the meaning of this sub Clause, will result.

10.3 CHANGE OF NON-CONFORMING USE Notwithstanding anything contained in the Zoning Table the Council may grant its planning consent to the change of use of any land from a Non-Conforming use to another use if the proposed use is, in the opinion of the Council, less detrimental to the amenity of the locality than the Non-Conforming use and is, in the opinion of the Council, closer to the intended uses of the zone or reserve. 10.4 DISCONTINUANCE OF NON-CONFORMING USE 10.4.1 When a Non-Conforming use of any land or building has been discontinued for a period of six months or more such land or building shall not thereafter be used otherwise than in conformity with the provisions of the Scheme. 10.4.2 The Council may effect the discontinuance of a Non-Conforming use by the purchase of the affected property, or by the payment of compensation to the owner or the occupier or to both the owner and the occupier of that property, and may enter into an agreement with the owner for that purpose. 10.5 DESTRUCTION OF BUILDINGS If any building is, a t the Gazettal date, being used for a non-conforming use, and is subsequently destroyed or damaged to an extent of 75% or more of its value the land upon which the building is built shall not thereafter be used otherwise than in conformity with the Scheme, and the buildings shall not be repaired or rebuilt, altered or added to for the purpose of being used for a non- conforming use or in a manner or position not permitted by the Scheme, unless special approval by Council is granted.

11. ADMINISTRATION 11.1 POWERS OF THE SCHEME The Council in implementing the Scheme has, in addition to all other powers vested in it, the following powers-

(a) the Council may enter into any agreement with any owner, occupier or other person having an interest in land affected by the provisions of the Scheme in respect of any matters pertaining to the Scheme;

(b) the Council may acquire any land or buildings within the district pursuant to the provisions of the Scheme or the Act. The Council may deal with or dispose of any land which it has acquired pursuant to the provisions of the Scheme or the Act in accordance with law and for such purpose may make such agreements with other owners as it considers fit; and

(C) an officer of the Council, authorised by the Council for the purpose, may at all reasonable times enter any building or land for the purpose of ascertaining whether the provisions of the Scheme are being served.


11.2 OFFENCES 11.2.1 A person shall not erect, alter or add to or commence to erect, alter or add a building or use or change the use of any land, building or part of a building for any purpose-

(a) otherwise than in accordance with the provisions of the Scheme; (b) unless all consents required by the Scheme have been granted and issued; (C) unless all conditions imposed upon the grant and issue of any consent required by the Scheme

have been and continue to be complied with; or (d) unless all standards laid down and all requirements prescribed by the Scheme or determined

by the Council pursuant to the Scheme with respect to that building or that use of that part have been and continue to be complied with.

11.2.2A person who fails to comply with any of the provisions of the Scheme is guilty of an offence and without prejudice to any other remedy given herein is liable to the penalties prescribed by the Act.

11.3 ENFORCEMENT 11.3.1 A person shall not without written consent of the Council use a building or part of a building in respect of which the Council has granted planning consent subject to conditions until all of those conditions have been complied with to the satisfaction of the Council. 11.3.2 Thirty day's written notice is hereby prescribed as the notice to be given pursuant to Section 10 of the Act before the Council exercises the powers conferred by that Section-

(a) to remove, pull down or alter any building or other work in the Scheme Area, which has been commenced or continued after the gazettal date and which is such as to contravene the Scheme, or in the erection or carrying out of which any provision of the Scheme has not been complied with; or

(b) to execute any work which it is the duty of any person to execute under the Scheme, in any case where it appears to the Council that delay in the execution of the work would prejudice the efficient operation of the Scheme, and any expenses incurred by the Council under Section 10(2) of the Act may be recovered from the person in default in a court of competent jurisdic- tion.

11.4 CLAIMS FOR COMPENSATION Except where otherwise provided in the Scheme, the time limit for the making of claims for compensation pursuant to Section ll(1) of the Act is six (6) months after the date of publication of the Scheme in the Government Gazette.

11.5 APPEALS An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with partV of the Act and the rules and regulations made pursuant to the Act.

11.6 POWER TO MAKE POLICIES AND PRECINCT POLICY STATEMENTS 11.6.1 In order to achieve the objectives of the Scheme, the Council may make policies relating to parts or all of the Scheme area and relating to one or more of the aspects of the control of development. 11.6.2 Council may, in addition to making policies in accordance with the provisions of Clause 11.6, make Planning Precinct Policy area statements, relating specifically to the individual precincts as identified on the Planning Precinct Policy Area map. 11.6.3 A Policy shall become operative only after the following procedures have been completed.

(a) The Council having prepared and having resolved to adopt a draft Policy, shall advertise a summary of the Policy once a week over two consecutive weeks in a newspaper circulating in the area giving details of where the draft Policy may be inspected and where, in what form, and during what period (being not less than 21 days) submissions may be made to Council.

(b) The Council shall review its draft Policy in the light of any submissions made and shall then decide to finally adopt the draft Policy with or without amendment, or not proceed with the draft Policy; and

(C) Following final adoption of a Policy, details thereof shall be advertised publicly and a copy kept with the Scheme documents for inspection during normal office hours.

11.6.4 Council may amend or revoke a District Planning Scheme Policy or a Planning Precinct Policy Statement by-

(a) Preparation and final adoption of a new Policy pursuant to this clause, specifically worded to supersede an existing Policy

(b) Publication of a formal notice of rescission by the Council twice in a newspaper circulating in the area; and

(C) Approval being obtained from the Western Australian Planning Commission. 11.6.5 All major changes to a District Planning Scheme Policy relating to changes in land use, including an amendment to a Planning Precinct Policy Area boundary, will require an amendment to the Scheme, in accordance with the procedures as set out in Section 7 of the Act. 11.6.6 The Council shall take into account the provisions of relevant policies and objectives which the policies were designed to achieve before making its decision in respect of any planning application. 11.6.7 The Council shall take into account the provisions of the Policies and Precinct Policies and the objectives which the Policies were designed to achieve before making its decision in respect of any application for planning consent and its decision shall be consistent therewith.

TABLE 1

For an explanation of symbols refer to Clause 4.2.2

I LAM

1

2

3

4

5

6

7

8

9

JSE CATEGORIES

DWELLING

VETERINARY CLINIC

HOME OCCUPATION

PUBLIC RECREATION AREAS NOT USED AT NIGHT

COMMERCIAL AND PRIVATE STABLES

RESIDENTIAL BUILDING

PROFESSIONAL OFFICE

CLUB PREMISES

RELOCATED DWELLING

ZONING AND DEVELOPMENT STANDARDS SPECIAL RESIDENTIAL

POLICY STATEMENT Primarily single residential housing in a bushland atmosphere. Consistent with bushfvc alleviation Council will encourage the retention of trees by condition of development. Proposals for associated activity will be considered on their basis of their nuisance. Outbuildings shall be of a high standard.

Minimum Lot Areas

NOTE: Un

1 ha

DEVELOPMENT STANDARDS I I I I I

Minimum Effective Frontage

S otherwise

6Om

40 m

% i f 4 against

Minimum Lot Area

For Dwelling Unit

articular

R2.5

: below, I above sta

MINIMUM BOUNDARY SETBACKS

20m

a d s will apply to this

Minimum Car Parking Spaces Front

4 for 1 Vet 6 for 2 Vets

1 0 m

1 .S per bed

2 bays per Consultant.

l per l 0m2 floor area available to patrons.

Minimum Private Open Space Rear

me.

90%

OTHER REQUIREMENTS Sides

5 m Clause 6.2 Applies Town Planning Scheme No. 4 applies in Leschenault Parklands

2 per dwelling unit

Private and Confidential Stables will only be permitted in Warrawamp on any lot in that area. Schedule 3 applies. Clause 6.2 applies.

Clause 6.2 applies.

TABLE 2


LANL

1

2

3

4

5

6

7

8

9

JSE CATEGORIES

DWELLING WITH RETICULATED SEWER

DWELLING WlTHOUT RETICULATED SEWER

GROUPED DWELLING WITH RETICULATED SEWER

TWO GROUPED DWELLINGS WITHOUT RETICULATED SEWER

HOME OCCUPATION

PUBLIC RECREATION NOT USED AT NIGHT

PROFESSIONAL OFFWE

INFANT HEALTH CENTRE

DAY CARE CENTRE

ZONING AND DEVELOPMENT STANDARDS RESIDENTIAL

Minimum Minimum Lot Areas Effedive

Fronta e --L

POLICY STATEMENT Primarily single storey dwelling houses on separate lots. Uses reasonably associated with residential area will be permitted by Council only after consideration of the likely nuisance that such uses could create. The Residential Planning Codes referred to in Clause 4.5 shall apply to residential development within this zone.

DEVELOPMENT STANDARDS

NOTE: Unl

1000m2

900m2

1 100m2

1000m2

s otherwise I

Minimum Lot MINIMUM BOUNDARY SETBACKS Minimum Car

Sides Parking Spaces Unit

Minimum Landscaping

OTHER REQUIREMENTS

xified against

R10

1bove stall1

As per R- Codes

As per R- Codes

As per R- Codes

As per R- Codes

2.0m per storey

ds will apply to this Z

1 per 5 children

Front setbacks in existing subdivisions will be retained at 7.5m average, to protect the streetscape unless adjoining lots are vacant.

Clause 6.4 Applies

TABLE 3


LAM

10

11

12

13

14

15

16

17

18

19

JSE CATEGORIES

PLACE OF PUBLIC WORSHIP

AGED PERSONS DWELLINGS

AGED PERSONS HOME

CAR PARK

GROUPED DWELLINGS

MULTIPLE DWELLINGS

CLUB PREMISES


CONSULTING ROOMS

RELOCATED DWELLING

ZONING AND DEVELOPMENT STANDARDS RESIDENTIAL (CONTINUED)

POLICY STATEMENT - Primarily single storey dwelling houses on separate lots. Uses rcasonabk associated with residential areas will be permitted by Council only after consideration of the likely nuisance that such uses could create. The Residential Planning Codes referred to in Clause 4.5 shall apply to residential development in

Minimum Lot Areas

NOTE: Un

2000m2

1 m 2

2 m 2

900m

R50

2000m2

1600m2

1 200m2


S otherwise

30m


I I I Minimum Lot MINIMUM BOUNDARY

SETBACKS Minimum Car Area 1-1 Parking Spaces For Dwelling Sides

xified against

R30

R30

R30

R50

R15

c below, th

7.5m

R30

R30

I m

R30

R50

9m

Minimum Landscaping

2.0 per storey As per R- Codes

OTHER REQUIREMENTS

6mm

As per R- Codes As per R- Codes 3.0m per storey 1 .5m per side per storey

ds will apply to this Z

I per 5 seats

R30

R30

6mav 1.5m min

R30

R50

1 per 10m2 patrons area 1.5 per bed

6 for I GP 10 for 2 GPs 4 for l DPC 6 for 2 DPC

2 per dwelling unit

30% (at kast 10% on street frontage)

Asper R15

Clause 6. l applies

Reticulated sewerage connection requircd

(GP - General Practitioner) (D - Dentist) (P - Physiotherapist) (C - Chiropractor)

TABLE 4


LAND USE CATEGORIES I I

DWELLING WITHOUT RETICULATED SEWER

GROUPED DWELLING WITH RETICULATED SEWER

TWO GROUPED DWELLINGS WITHOUT RETICULATED SEWER

HOME OCCUPATION

PUBLIC RECREATION NOT USED AT NIGHT

PROFESSIONAL OFFICE

INFANT HEALTH CENTRE

DAY CARE CENTRE

DWFXLING WITH RETICULATED SEWER

ZONING AND DEVELOPMENT STANDARDS RESIDENTIAL DEVELOPMENT

POLICY STATEMENT

P

DEVELOPMENT STANDARDS I I

Minimum Lot I MINIMUM BOUNDARY I SETBACKS Minimum Car

FI E i l i n g lri Parking spaces Unit

c below,

7.5m

above sta

As per R-Codes

As per R-Codes

As per R-Codes

As per R-Codes

2.0 per storey

ards will apply to this 2

I per 5 children

Minimum Landscaping I m

REQUIREMENTS

Council shall require the submission of a Structure Plan for the whole area in accordance with Clause 6.7 prior to determining any applications

Clause 6.4 Applies

TABLE 5


LANI - 10

11

12

13

14

I5

16

17

18

19

20

21

22 -

JSE CATEGORIES


AGED PERSONS DWELLINGS

AGED PERSONS HOME

CAR PARK

GROUPED DWELLINGS

MULTIPLE DWELLINGS

CONSULTING ROOMS

BANK

LAUNDROMAT

EATlNG HOUSE

KINDERGARTEN

LIBRARY

MEDICAL CENTRE

NOTE: Un

2000m2

1000m2

2000m2

900m2

R50

1200m2

ZONING AND DEVELOPMENT STANDARDS RESIDENTIAL DEVELOPMENT (CONTINUED)

POLICY STATEMENT


S otherwise

30m

30m

xifed against ;

R30

R30

R30

WO

Minimum Lot Areas

: below, tl

7.5m

R30

R30

I m

R30

R50

Minimum Lot Arca

For Dwelling Unit


above sta

2.0 per storey As per R-Codes

I m

As per R-Codes As per R-Codes

ards will apply to this

I per 5 seats

R30

R30

R30

R50

6 for I GP 10 for 2 GPs 4 for 1 DPC 6 for 2 DPC


me.

20%

R30

R30

Minimum Car Parking Spaces Front

30% (at least 10% on saect frontage)

Clause 6.1 Applies

Minimum Landscaping Rear

(GP - General Practitioner) (D - Dentist) (P - Physiotherapist) (C - Chiropractor)


TABLE 6


LAM

23

24

25

26

27

28

29

JSE CATEGORIES

OFFICE

SHOP

PLACE OF AMUSEMENT

PUBLIC AMUSEMENT

EDUCATION ESTABLISHMENT

SERVICE STATION

TAVERN

ZONING AND DEVELOPMENT STANDARDS RESIDENTIAL DEVELOPMENT (CONTINUED)

POLICY STATEMENT

DEVELOPMENT STANDARDS 1 1

Minimum IA 1 MINIMUM BOUNDARY I SErmACKS Minimum Car

Parking Spaces For ~ l h ~ g Unit

above sm ards will apply to this

Minimum Landscaping

OTHER REQUIREMENTS

me.

TABLE 7

For an explanation of symbols refex to Clause 4.2.2

I LANI

I

2

3

4

5

6

7

8

9

10

l I

JSE CATEGORIES

CARETAKER'S DWELLING

RESIDENTIAL BUILDINGS

PRIVATE HOTEL

MOTEL

CARAVAN PARK

CAMPING AREA

CHALET

EATING HOUSE

LICENSED RESTAURANT

C M PARK

PUBLIC RECREATION AREAS

ZONING AND DEVELOPMENT STANDARDS TOURIST

FOLICYSTATEMENT This Zone provides for a variety of holiday and tourist land uses. Areas cunently zoned apply to existing tourist facilities and provide for their expansion. In locating new zones, Council will take account of the effects of the likely uses on the surrounding built and natural environment.

NOTE: On S otherwise

30m


I I I Minimum Lot I MINIMUM BOUNDARY SETBACKS I I I h

For Dwelling

rified against

NIA

articular U$

Front I Rear I Sides

relow, the

Minimum Car I Minimum l OTHER Parking Spaces Landscaping REQUIREMENTS

AS PER LOCAL GOVT MODEL BYLAWS RELATING TO CARAVAN PARKS, CAMPING GROUNDS AND HOLIDAY ACCOMMODATION.

ove standards U

1 .5 each side per storey

Atcouncil's discretion

1.5 each side per storey

At Council's discretion

3.0m side per storey

l apply to this 7m

1.5perbed

1 .5 per bed

1 3 per unit

1 per 4 seats

l per 4 seats

Motel By-laws apply.

(Categories 5, 6 & 7 shall be partly or wholly screened from public roads by vegetation to the satisfaction of Council.)


TABLE 9


LANI

1 2 3 4 5 6 7 8 9

10

11 12 13

14

L

JSE CATEGORIES

SHOP LIQUOR STORE SERVICE PREMISES BANK OFFICE EATING HOUSE CONSULTING ROOMS MEDICAUDENTAL CLINIC TAVERN (AlTACHED TO OTHER PREMISES) FAST FOOD OUTLET

PUBLIC AMUSEMENT PLACE OF AMUSEMENT NIGHT CLUB

DWELLING

ZONING AND DEVELOPMENT STANDARDS SHOP

POLICY STATEMENT Primarily retail shopping. but including associated uses. Overlap of parking standards will bc considered where uses involve varied time periods. Council shall require separate provision f a staff parking whcn appropiate. Ihc conversion of existing premises will be treated with discretion under the tmns of Clause 4.4.

Minimum Lot Areas

NOTE: Un

2000m2


,S otherwise

40m

Minimum Lot Area

F a Dwelling Unit

rified against

DEVELOPMENT STANDARDS I I

MINIMUM BOUNDARY SETBACKS Minimum Car Minimum

Parkhg Speccs Landscaping

10% of site

articular I : below, tl above sta

3m each side

~rds will apply to this

1 per 40rn2 GFA Iper4seats 4 per Consultant 4 per Practitioner 1 per 3m2 public area 1 per 9m2 of GFA

1 per 4 seats

As per R-Code

OTHER REQUIREMENTS

Refer to Clause 7.1 Rear and side setbacks to accad with Building Code of Australia

ne.

Maximum public area 200m2

TABLE 10


LAM

15

16

17

18

19

20

2 1

22

23

JSE CATEGORIES

ART AND CRAIT STUDIO

DAY CARE CENTRE

LIBRARY

CAR PARK

SHOWROOM

AMUSEMENT PARLOUR

BElTING AGENCY

CARMARINE SALES PREMISES

CONSULTING ROOMS (GROUP)

ZONING AND DEVELOPMENT STANDARDS SHOP (CONTINUED)

POLICY STATEMENT Primarily retail shopping, but including associated uses. Overlap of parking standards will be considered where uses involve varied time periods. Council shall q u i r e separate provision f a staff parking W& appropriate. The conversion of existing premises will be t read with discretion undu the terns of Clause 4.4.

Minimum Lot Areas

NOTE: Unl

1000m2


DEVELOP I

SETBACKS

Unit

S otherwise

20m

x i f d against ; above sta

2m each side

1 .S each side

articular

IENT STANDARDS

use below, tl

2.0 m

Minimum Car Parking Spaces

1 per 15m2 of Gross Floor A l l

d s will apply to this

1 per 5 children

1 per 50m2 of GFA

1 per 50m2 of GFA

As determined by Council

6 for 1 GP 10 for 2 GPs 4for 1 D . K 6 for 2D, PC

Minimum Landscaping

OTHER REQUIREMENTS

1046 of site Refer to Clause 7.1 Rear and side setbacks to accord with Building Codcs of Australia

me.

(GP - General Practitioner D - Dentist P - Physiotherapist C - Chiropractor)

TABLE l 1


LAM

24

25

26

27

28

29

JSE CATEGORIES

CIVIC USE

CLUB PREMISES

FUNERAL PARLOUR

GARDEN CENTRE

HEALTH CENTRE

VETERINARY CLINIC OR HOSPITAL

ZONING AND DEVELOPMENT STANDARDS SHOP (CONTINUED)

POLICY STATEMENT Primarily retail shopping but including asociated uses. Overlap of parking standards will be considered where uses involve varied time periods. Council shall require separate provision for staff parking where appropriate. The conversion of existing premises will be treated with discretion under the terms of Clause 4.4.

Minimum Lot Areas

NOTE: Unl

2000m2


S otherwise

30m

Minimum Lot Arca

For Dwelling Unit

xified against i

DEVELOPMENT STANDARDS 1 I

MINIMUM BOUNDARY SETBACKS Minimum Car Minimum

Landscaping

9m

above sta

3m per storey

articular

9m

ards will apply to this

Nil

use below, tl

9m I per 10m2 of patrons area


Nil


1 per 9m2 of GFA

I per l 5m2 of Gross Floor h

4 per Practitioner

10% of site

me.

OTHER REQUIREMENTS

Refer to Clause 7.1 Rear and side setbacks to accord with Building Code of Australia

Reticulated sewerage connection required

Q) W Q) 0

S E M

3 g M 4 4 M

8

I-' N

3 t g -J I-' CD CD Q)

TABLE 12


LANI

1

2

3

4

5

6

7

8

9

10

JSE CATEGORIES

CARETAKER'S HOUSE

LICENSED RESTAURANT

OFFICE

PROFESSIONAL OFFICE

CONSULTING ROOM

BANK

DAY CARE CENTRE

LIBRARY

MEDICAUDENTAL CLINIC

CAR PARK

ZONING AND DEVELOPMENT STANDARDS OFFICE

POLICY STATEMENT lntendod primarily for business and professional offices.

Minimum L0tArea.S

NOTE: Un

1000m2


Minimum Lot Area

For Dwelling Unit

NIA

S otherwise

10m

ecificd against

DEVELOPMENT STANDARDS I I 1 1 Minimumcar I I I

Parking Spaces OTfER

REQUIREMENTS

9m l In accordance with 1 per 40m2 GFA I 10% of site the Building Code of

above sta articular

1.5 each side

use below, tl

2.0 m

nd, T

4 per Consultant

1 per 1 5m2 of GFA

l per 5 children

5 per Practitioner

a d s will apply to this

1 per 4 seats

See note I per 40m2 GFA or 1 per 2 consultants, whichever gives greater number of bays

TABLE 13


LAM

I I

12

13

14

JSE CATEGORIES

SERVICE PREMISES

LUNCH BAR

BETllNG AGENCY

CONSULTING ROOMS (GROUP)

ZONING AND DEVELOPMENT STANDARDS OFFICE (CONTINUED)

POLICY STATEMENT Intended primarily for business and professional offices.

Minimum Lot Areas

NOTE: Un

DEVELOPMENT STANDARDS I I I I I


Minimum Lot Area

For Dwelling Unit

S otherwise ; xified against

MINIMUM BOUNDARY SETBACKS Minimum Car

Parking Spaces Minimum

Landscaping OTHER

REQUIREMENTS

In accordance with 9m I the Building Code of 1 I per 40m2 GFA

Australia

articular use below, tl above sta ards will apply to this

1 per 1 5m2 of GFA

I per l 5m2 of GFA

I per 15m2 of GFA

6 for 1 GP l 0 for 2 GP 4 f o r l DPC 6 for 2 DPC

1096 of site

me.

(GP - General Practitioner D - Dentist P - Physiotherapist C - Chiuopractor)

TABLE 14

For an explanation of symbols refer to Clause. 4.2.2

JSE CATEGORIES

CARETAKER'S HOUSE

OFFICE

SHOWROOM

TRADE DISPLAY

WAREHOUSE

CAR, BOAT, CARAVAN AND MACHINERY SALES

SERVICE STATION

ROADHOUSE

FUNERAL PARLOUR

NURSERY

CAR PARK

ZONING AND DEVELOPMENT STANDARDS OTHER COMMERCIAL - SHOWROOM

POLICY STATEMENT Intended for the establishment of showroom type uses, which arc inappopriate to the Shop Zone because of the larger land anas required, but arc not suited to Industrial

Minimum Lot Areas

NOTE: Unl


Minimum Lot Area

For DweKig Unit

NIA

xifled against


I I MINIMUM BOUNDARY

S r n A C K s Front Rear Sides

In accordance with the Building Code of

Australia


Minimum Landscaping

OTHER REQUIREMENTS

1 space per 5 O d display area GFA

Clause. 7.1 10% of site

articular

2m

3m each side

3m each side

1.5 each

1 per 40m2 GFA


TABLE 15


LANI

12

13

14

15

16

17

18

19

20

2 1

22

JSE CATEGORIES

SERVICE PREMISES

RECREATION (PUBLIC)

PUBLIC AMUSEMENT

GARDEN CENTRE

HEALTH CENTRE

PRIVATE RECREATION

BEITlNG AGENCY

CAR SALES PREMISES

CONSULTING ROOMS

MEDICAUDENTAL CLINIC

MARKET

ZONING AND DEVELOPMENT STANDARDS OTHER COMMERCIAL - SHOWROOM (CONTINUED)

POLICY STATEMENT Intended for the establishment of showroom type uses, which are inappropriate to the Shop Zone because of the larger land areas required. but arc not suited to Industrial Zoms.


1 I I I I

Minimum Lot Arcas

NOTE: Un


Minimum Lot Arca

For Dwelling Unit

1 space per 50m2 display area GFA

9m

Minimum Landscaping

In accordance with the Building Codc of

Australia

OTHER REQUIREMENTS



10% of site

Front

Clause 7.1

S otherwise

Rear

x i f d against i

Sides

articular use below, 11 above sta ards will apply to this

1 per ZOm2 GFA


6 for 1 GP 10 for 2 GPs 4 for l DPC 6 for 2 DPC

5 per Practitioner

TABLE 16

F a an explanation of symbols refer to Clause 4.2.2

LAND USE CATEGORIES l I

LIGHT INDUSTRY

SERVICE INDUSTRY

SHOWROOM

TRADE DISPLAY

WAREHOUSE

FUNERAL PARLOUR

BUILDER'S YARD

MOTOR VEHICLE REPAIR STATION

CAR WASH

NURSERY

SERVICE STATION

PUBLIC AMUSEMENT

DRIVE IN CINEMA

OMNC AND DEVELOPMENT STANDARDS LIGHT AND SERVICE lNDUSTRY O I K Y STATEMENT rimvily indushy which wiU not affect the amenity of nearby areas through the emission of wastes and which do not require independent power sources. A relatively high standard of uilding facade will be sought. Council will co-ordinate the position of cnxsovas and landscaping on the sheet frontages of rdjoining premises.

Minimum Minimum 1 DEVELOPMENT STANDARDS

I 1 Minimum Lot MINIMUM BOUNDARY

SETBACKS For Dwelling

I I

I- Unkss otherwise sl

40m


In accadance with the Building Code of

unit I I I

Minimum Landscaping

ow. the ab

I I

ill apply to this Zone.

1 per 50m2 GFA

1 per 50mZ GFA

l per 50rnZ GFA

10% of site

3m wide sbip on periphery

OTHER REQUIREMENTS

Clause 7.1 Scbcdule 5 applies

Screen face not to be visible to passing traftic. Access not to be via residential S-.

TABLE 17


LAND

l5

16

17

18

19

20

2 1

22

23

24

25

26

ISE CATEGORIES

CAR, BOAT, CARAVAN AND SALES PREMISES


OFFICE

LAUNDRY

TRANSPORT DEPOT

CAR PARK

SERVICE PREMISES

VETERINARY HOSPITAL

HEALTH CENTRE

LUNCH BAR

FACTORY UNIT BUILDING

RELOCATED DWELLING

ZONING AND DEVELOPMENT STANDARDS LIGHT AND SERVICE INDUSTRY

POLICY STATEMENT Primarily industry which will not affect the amenity of nearby areas through the emission of wastes and which do not require independent power sources. A relvively high standard of building facade will be sought. Council will co-ordinate the position of crossovers and landscaping on thc street frontages of adjoining premises.

DEVELOPMENT STANDARDS I I I I

Minimum Lot Areas

tied against a p

1000m2

:ular use I

2m


ow, the abt

7.5m

20m

: standard

1.5 each side

Minimum Lot Area

For Dwelling Unit

1 per 50m2 GFA NIA

ill apply to this Zone.

I per 50m2 display area

I per 20m2 GFA



9m

I per 15m2 GFA

Front


Australia

3 per unit or l bay per 50m2

Minimum Landscaping

I

Rear OTHER

REQUIREMENTS Sides

Clause 7.2

10% of site Clause 7.1 Schedule 5 applies

TABLE 18


I SE CATEGORIES

GENERAL INDUSTRY

LIGHT INDUSTRY

SERVICE INDUSTRY

SHOWROOM (NO RETAIL SALES)


CAR WASH

FUEL DEPOT

DRY CLEANING PREMISES

BUILDER'S YARD

TRANSPORT DEPOT

WRECKING YARD

VETERINARY HOSPITAL

TRADE DISPLAY


ZONING AND DEVELOPMENT STANDARDS GENERAL INDUSTRY (CONTINUED)

POLICY STATEMENT Rimnrily generd mvlufachuing industry which, by reason of waste emission, noisf. bulk. or other features, must be removed from and buff& from 0 t h ~ h v i t y .

NOTE: Unk otherwise sp

Minimum Lot Area

For Dwelling Unit

NIA

Minimum Lot Areas

1000m2

~frcd against a


30m

DEVELOPMENT STANDARDS I


Sides Parking Spaces

cular use

9m 10% of site area

,W, the aln


Australii

1 per 50m2 GFA

I per 50m2 GFA

1 per employee

1 per 2 employees

1 per 40m2 GFA

l per 100m2 GFA

Minimum Landscaping

OTHER REQUIREMENTS

Clause 7.1

TABLE 19


JSE CATEGORIES

o m c E

WAREHOUSE

CAR PARK

PUBLIC AMUSEMENT

PRIVATE RECREATION

DRIVE IN THEATRE

LUNCH BAR

FACTORY UNIT BUlLDING

RELOCATED DWELLlNG

NOTE: Un

2000m2

~p~

ZONLNG AND DEVELOPMENT STANDARDS GENERAL INDUSTRY (CONTINUED)

POLICY STATEMENT Primarily general manufacturing industry which. by reason of waste emission, noise, bulk, or other features, must be removed from and buffered from other urban activity.


,S otherwise

Minimum Lot Areas

1000m2

c c i f d against, : below, tl

2.0m


30m

1.5m each side

1 per 40m2 GFA



1 per 15m2 GFA

3 per unit or per 50m2

Minimum Lot Area

F a Dwelling Unit

NIA

Clause 7.2


Parking Spaces

1 per 100m2 GFA

Front

9m

Minimum Landscaping

10% of site area

4

OTHER REQUIREMENTS

Clause 7.1

Rear Sides


Aushalia

TABLE 20


LANI

1

2

3

4

5

6

ISE CATEGORIES

NOXIOUS INDUSTRY

HAZARWUS INDUSTRY

WASTE TREATMENT WORKS

GAS MANUFACTURE AND STORAGE

FUEL DEPOT

ELECTRICITY GENERATION

ZONING AND DEVELOPMENT STANDARDS KEMERTON PARK INDUSTRY (HEAVY) I POLICY STATEMENT 7he area is to be developed as a major heavy industrial estate for the Bunbury Region. 7he objective is to establish a heavy industrial park buffered by large areas of natural parkland in which all industrial development adheres to strict environmental development and operational criteria approved by the Environmental Protection Authority and Council.

Minimum Lot Areas

NOTE: Un


S otherwise

Minimum Lot Area

For Dwelling Unit

NIA

xified against

DEVELOPMENT STANDARDS I

MINIMUM BOUNDARY SfXBACKS Minimum Car

Parking Spaces

articular use below, tl

( I per2employees on-site

side

above sta

l p c r 50m2

anis will apply to this

Minimum Landscaping

subject to Dev Plan

OTHER REQUIREMENTS

major developments to the Ministry for Planning who shall liaise with the EPA and other rekvant authorities and

All major developments in this zone shall be subject to:-

1.An approved development plan showing site layout of buildings, storage areas, parking and landscaping.

2.Approved environmental management criteria governing laywt, manner of development and ongoing management of proposed operations, including safety and satisfactory storage or disposal of noxious or hazardous materials or wastes.


TABLE U

For an explanation of symbols rcfer to Clause 4.2.2

JSE CATEGORIES

GENERAL INDUSTRY

LIGHT INDUSTRY

SERVICE INDUSTRY


CAR WASH

FUEL DEPOT

DRY CLEANING PREMISES

BUILDER'S YARD

TRANSPORT DEPOT

TRADE DISPLAY

ZONING AND DEVELOPMENT STANDARDS KEMERTON ANCILLARY INDUSTRY

POLICY STATEMENT Industry within this zone shall be ancillary to the heavy industry in the Kemerton Park Industrial Zone. Ancillary in this respect means that the proposed development must demonstrate that the major portion of the sourcc material. finished product, a services provided arc oriented within the Kemerton area. No industry, whoksak or retail directed to primarily mvice the wider community will be permitted.

DEVELOPMENT STANDARDS I I I I I 1

Minimum Lot Areas

NOTE: Un

I per 50m2 GFA


1 per 50m2 GFA

I per 2 employees

1 pcr 12.5m2 GFA

Minimum Lot Area

For Dwelling Unit

When considering applications for development within this zone, the Council will have regard to the existing a proposed industry in the Kemertw Park Industry Zone and only grant approval if it is satisfied that the proposed development is predominantly ancillary to, and is required to service, the Kemerton heavy industries.


Parking Spaces Front Minimum

Landscaping Rear OTHER

REQUIREMENTS Sides

TABLE 23 ZONING AND DEVELOPMENT STANDARDS OTHER COMMUNITY

POLICY STATEMENT Intended for a wick variety of institutional, community and recreational activity. Council will seek high standards of architecture and landscaping.

Minimum I ","E :" Effective

For an exvlanation of symbols refer to Clause 4.2.2 tt-"- LAND USE CATEGORLES

1 DAY CARE CENTRE

PUBLIC LIBRARY

MUSEUM

HOSPITAL

NURSING HOME

RESIDENTlAL BUILDING

CEMETERY

PUBLIC AMUSEMENT

PUBLIC RECREATION

DEVELOP I I

SFXBACKS

Unit

NIA I lm 7.5m 2 per storey

: below, the above sta

5 per storey each sick

3per s t m y cach side

1.5 per storey each side

;NT STANDARDS



uds will apply to this

1 per 5 children

1.5 spaces per bed

Minimum Landscaping

OTHER REQUIREMENTS

20% of site I

TABLE 24


JSE CATEGORIES


PRIVATE RECREATION

AGED PERSONS VILLAGE

COMMUNITY HOME

CIVIC BUILDING

CARETAKER'S HOUSE

FAMILY CARE CENTRE

MEDICAL CENTRE

ZONING AND DEVELOPMENT STANDARDS OTHER COMMUNITY (CONTINUED)

POLICY STATEMENT Intended for a wide variety of institutional . community and recreational activity. Council will seek high standards of architccturc and landscaping

NOTE: Un

0.5ha


is otherwise

30m

Minimum Lot Arcas

2000m2

x i F i against d s will a p l ~ to this

I per 5 seats


20m

0.5 per unit

1 per 40m2

Minimum Lot Area

F a Dwelling Unit

NIA

5 per practitioner

ne.


Parking Spaces


Front

I l m

Minimum Landscaping

20% of site

Rear

7.5m


2mper storey

TABLE 25



DWELLING


VlTlCULTUREMORTlCULTURE

RURAL PURSUITS

PLANT NURSERY

RURAL INDUSTRY

FEEDING LOT

STOCK HOLDlNGlSALEY ARDS

BA7TERY POULTRY KEEPING

WAYSIDE STALL

DOG KENNELS

PRIVATE STABLES

COMMERCIAL STABLES

PIGGERY

I5 I VETERINARY CLINIC

ZONING AND DEVELOPMENT STANDARDS INTENSIVE FARMING

P

NOTE: Un

0.5ha

POLICY STATEMENT Council has identif~ed by zoning and intends to protect for inappropriate use the valuable irrigated farmland in the Scheme area.


S otherwise

30m

xifd against

Minimum Lot Areas

20ha

articular

20m


NIA

Minimum Lot Area

For Dwelling Unit

NIA

above s t a~

20m

Irds will apply to this :

5 spaces

5 spaces

5 per practitioner

'Any intensive agriculture within the Peel-Harvey Catchment Area will need advice from the Department of Environmental Protection and Agriculture WA prior to a decision being made by Council


Minimum of 200m clear sight distance along all roads adjoining site.


NIA

Front

NIA

Minimum Landscaping

NIA

Rear

NIA

m REQUIREMENTS

Clause 1.6.1 applies

Sides

NIA

TABLE 26


JSE CATEGORIES

VETERINARY HOSPITAL

ART C CRAIT STUDIO

COMMUNITY HOME

PRODUCE STORE

DRIVE IN THEATRE

CA'ITERY

AQUACULTURE

RELOCATED DWELLING

ZONING AND DEVELOPMENT STANDARDS INTENSIVE FARMING (CONTINUED)

POLICY STATEMENT Council has i den t i fd by zoning and intends to protcct from inappmpriatc use the valuabk irrigated farmland in the Schcme W .

Minimum Lot Areas

NOTE: Unl


NIA


SETBACKS Minimum Car

Unit

NIA ( NI* ( NIA ( NIA ( NIA l

xitied against i

Minimum Landscaping

above

OTHER REQUIREMENTS

standards will apply to this

1 per 40m2 GFA

5 spaces

NIA I Clause 4.2.2

*Any intensive agriculture. within the Peel-Harvey Catchment Area will need advice from the Department of Environmental Protection and Agriculture WA pia to a decision being made by Council.

6376 GOVERNMENT GAZETTE, WA [ l2 November 1996

TABLE 28


JSE CATEGORIES

VITICULTURWHORTICULTURE

COMMERCIAL STABLES

DOG KENNELSKAlTERY

FORESTRY

RURAL INDUSTRY

EXTRACTIVE INDUSTRY

U X )

HEALTH FARM

WAYSIDE STALL

PUBLIC UTILITY


PUBLIC RECREATION

ZONING AND DEVELOPMENT STANDARDS GENERAL FARMING (CONTINUED)

NOTE: Unl

1600mZ

POLICY STATEMENT Council intends to encourage these areas to continue to be used for viable large scale farming activity. Council will encourage and promote good farming, animal husbandry and soil conservation. S a n c limited tourist and recreational activity may be permitted where no adverse effect to the primary agricultural pvpose of the zone will result.


S otherwise

30m

Minimum Lot Areas

40ha

x i f d against i : below, tl

7.5m

Any intensive agriculture within the Peel-Hawey Catchment Area will need advice from the Department of Environmental Protection and Agriculture WA and this advice shall be taken into account prior to a decision being made by Council.


NIA

200m minimum clear sight distance required.

Minimum Lot Area

For Dwelling Unit

NIA

MINIMUM BOUNDARY SETBACKS Minimum Car Minimum OTHER

Front

20m

Rear

NIA

Sides Parking Spaces Landscaping REQUlREMENTS

NIA NIA NIA Clause 1.6.1 applies

TABLE 29


PLANT NURSERY

SMCK HOLDING & SALEYARDS

PIGGERY

VETERINARY CLINIC

VETERINARY HOSPITAL

PRlVATE STABLES

ART AND CRAFT STUDIO

PRODUCE STORE

COMMUNITY HOME

DRIVE IN THEATRE

BATTERY FARMING

AQUACULTURE

RELOCATED DWELLING

EATING HOUSE

TIMBERISHELTER BELTS

ZONING AND DEVELOPMENT STANDARDS GENERAL FARMING (CONTINUED) POLICY STATEMENT Council intends to encwagc these areas to continue. to be used for viable large scale fanning activity. Council will encourage and promotc good fanning, animal lusbandry and soil conservation. Some limited tourist and recreational activity may be permitted where no adverse effect to the primary agricultural purpose of the zone

Minimum Lot Areas

will result. DEVELOPMENT STANDARDS

MINIMUM BOUNDARY 1

40ha NOTE: Un

Minimum Lot Minimum Effective F a Dwelling

Unit

;S otherwise S ificd ainst : below, ti

Sides

above sta


&will apply to this

5 spaces

4 per practitioner

5 spaces

5 spaces


1 bay per 4 seats

Minimum Landscaping REQUIREMENTS

me.

Any intensive agriculture within the Pccl-Harvey Catchment Area will nced advice from the Department of Environmental Protection and Agriculture WA and this advice shall be taken into account prior to a decision being made by Council.

Accesslparking to Council's satisfaction.

TABLE 30

11s refer to Clause 4.2.2

JSE CATEGORIES

DWELLING

RESIDENTlAL BUILDING

CARAVANICHALET PARK CAMPING AREA SAWMILL

TRANSPORT DEPOT

FORESTRY

NURSERY

RURAL INDUSTRY

HOTEL

EXTRACTlVE INDUSTRY

TIMBEWSHELTER BELT

UlNMG AND DEVELOPMENT STANDARDS FORESTRY

POLICY STATEMENT Primarily intended to protect the State Forest and reflect the objectives of the State Forests Department in their conservative and recreation policies as well as provide for the productive exploitation of the timber resource.

Minimum Minimum

b;; 1 F? N m Unl rificd against ;


articular above stiu

1.5 per side per storey

3.0 per side per storey

OTHER REQUIREMENTS

1 .5 spaces per bed

1.2 spaces per site

Minimum Landscaping

NIA

Minimum Lot Arca

For Dwelling Unit

NIA

1 per m m plus 1

Areas between 3 and 10 hectares and not greater than 20% of the total lot area


MINIMUM BOUNDARY SElBACKS

Front

20m

Rear

NIA

Sidcs

NIA

6380 GOVERNMENT GAZETTE, WA [l2 November 1996

TABLE 32


LAND USE CATEGORIES

I

HOME OCCUPATION

ART C CRAFT STUDIO

WAYSIDE STALL

CONSULTING ROOMS

CARETAKER'S HOUSE

LODGING HOUSERESIDENTIAL BUILDING

HEALTH FARM

PRIVATE STABLES

ZONING AND DEVELOPMENT STANDARDS SPECIAL RURAL & LANDSCAPE PROTECTION

POLICY STATEMENT Rimarily rural development which will retain the scenic character of the area along Cathedral Avenue, to provide for a unique lifestyle, whilst minimising impacts on the estuary and its associated flora and fauna.

Minimum Lot Arcas

Refer to Policy

Statements Policy h 1

NOTE: Un

DEVELOPMENT STANDARDS I 1 I

40m NIA


In accordancc with Schedule 4 NIA

Minimum Lot Arca

For Dwelling Unit

articular : below, the above sta u d s will apply to this :


MINIMUM BOUNDARY SETBACKS Minimum

Landscaping Front Rear

NIA

Sides OTHER

REQUIREMENTS

Schcdule 4 applies

Any development application will quire special Council approval.

Minimum lot area 2ha south of Crimp Crescent and 5ha north of Crimp Crescent.

TABLE 33

LANI

I

2

3

4

5

6

7

8

9

10

JSE CATEGORIES

RURAL PURSUlT

RURAL INDUSTRY

FORESTRY

SILVICULTURE

EXTRACTlVE INDUSTRY

RADIO TV INSTALLATION

VITICULTUREMORTlCULTURE MARKET GARDEN

PUBLIC UTILITY

PIGGERY

STOCK HOLDINGS & SALE YARDS

VOTE: Unl

ZONING AND D E V E L O m N T STANDARDS KEMERTON BUFFER

POLICY STATEMENT f i e primary purpose of this zone is to serve as a low intensity use area between the Kernerton Heavy and Ancillary Industrial zone and thc surrounding land uscs. No icrthcr residential or incompatible development shall take place in this zone and when possibk public recreation and flora and fauna conservation shall be encouraged.


x i f d against i

Minimum Lot Areas

NIA

d c u l a r usc below, tl

Council will approve only those applications which do not detract from the primary purpose of thc zone, and may specify such conditions as may be necessary to preserve the integrity of the zone.


NIA

Minimum Lot Area

For Dwelling Unit

NIA


Parking Speces

NIA

Front

NIA

Minimum Landscaping

N/A

Rear

NIA


NIA




TABLE 37


I JSE CATEGORlES

CAR PARK

CARETAKER'S HOUSE

LlCENSED CLUB

SHOP

ZONING AND DEVELOPMENT STANDARDS HOTEL (CONTINUED)

POLICY STATEMENT Hotels and taverns are basically commmial uses. Because of specific traffic and other nuisances associated with liquor outlets, spccific zoning has been applied to maximisc community in their location.

Minimum Lot Arras

NOTE: Un


DEVELOPMENT STANDARDS 1 I I I

Minimum Lot Area

For Dwelling Unit

NIA

SETBACKS

l0 per side per

Minimum Car Minimum Parking Sppccs Landscaping

I per room plus 1 per 35m2 bar area

OTHER REQUIREMENTS

: below, the above sta

1.5 each side

1 per 5m2 bar & lounge arca

Nil

TABLE 38



SERVICE STATION

ROADHOUSE

CAR WASH

SHOP AS PART OF SERVICE STATION

CARETAKER'S HOUSE

MOTOR REPAIR STATION

CAR PARK

CAR, BOAT, CARAVAN AND MACHINERY SALES

ZONING AND DEVELOPMENT STANDARDS SERVICE STATION

POLICY STATEMENT It is Council policy to encourage service stations to be developed in association with other commercial and industrial uses. Where this is not the case specific zoning will be required because of the traffic nuisance pertaining to particular sites.

Minimum Minimum Lot Areas Effective 1 Frontage

DEVELOPMENT STANDARDS I 1 1 1

SEIBACKS Minimum Car Minimum For Dwelling

OTHER REQUIREMENTS

Unit I I I I I I

I I I side I I c below, t

2m

above sta

1 .5 each side

5 one side

d s will apply to this

I per 20m2 display area


SCHEDULE 1-BUILDINGS AND PLACES OF HERITAGE SIGNIFICANCE Clauses 9.1 & 9.2 Apply

CODE No. NAME OF PLACE LOCATION DESCRIPTION

1 Yarloop Bakery Lot 45-Corner South Western Highway and Yarloop-Hoffman Road (north east corner of intersection), Yarloop.

In railway reserve off Railway Parade on western side of street Millar's timber workshop.

Wellington Loc. 897 Railway Parade on eastern side of street, south of Hospital Street, Yarloop.

Old Bakehouse

Yarloop War Memorial Memorial erected in 1922 in memory of those who died in the 1914-18 War.

Timber Mill Workshop Complex

Example of a complete timber mill workshop constructed in the mid 1880's. Timber buildings in various states of repair incorporate much of the mill equipment used during the 90's.

Lot 4594 Myalup Road- approximately 200m west of Field Road on northern side of road.

Large tree visible from Myalup Road.

Moreton Bay Fig Tree a t Uduc

Italian Prisoner of War Shrine

Lot 227 South Western Highway- adjacent to irrigation supply channel on eastern side of road, North Harvey.

Structure which originally was a t the entrance to a building used as a church as Italian POW's during the 2nd World War.

Stirling Memorial On Reserve located between Baker Street and the Harvey River Diversion, north of King Street, Harvey

Granite Memorial indicating the approximate point where Sir James Stirling reached the banks of the Harvey River in 1837.

Harvey War Memorial Library

Harvey Town Hall

"Jardup" Homestead

Lot Pt. 4 Young Street (five lots south of Gibbs Street on eastern side of street), Harvey.

Original building erected in 1921. Renovated in 1977.

Lot 10 & Reserve 6108 Uduc Road, Harvey

Town Hall built in 1914. Extended in 1935.

Loc. 172 off Harvey Quindanning Road, approximately 10km east of South Western Highway on northern side of road.

Homestead built by Ephraim Clarke, who acquired the surrounding 10 acre location in 1859.

"Bundinup" Homestead A 22094 Wellington Loc. 4472 (Wokalup Research Station) off Mornington Road, approximately l km east of South Western Highway on northern side of road.

Homestead built by Thomas Hayward after purchasing the surrounding property in 1861.

"Runnymead" Homestead Pt. Wellington Loc. 1 , Lot 10 Runnymede Road approximately 2km east of Old Coast Road on northern side of road.

Site of early homestead.

"Springhill" Homestead Lot 8 of Pt. Wellington Loc. 17 approximately 1.5km west of Old Coast Road from approximately 3.7km north of the Leschenault Inlet.

Two-storey brick homestead with corrugated iron roof built by Benjamin Piggott around 1862.

"The Monestery" Located off southern side of Wellesley Road, adjacent to eastern bank of the Wellesley River (approximately 7km north of Clifton Road).

Old Homestead

"White Rocks" Located off eastern side of the South Western Highway, approximately 400m south of intersection with Partridge Road.

Natural outcrop of white granite.

Cathedral Avenue Scenic Drive along the eastern side of the Leschenalut Inlet extending north from the Old Coast Road to Buffalo Road.

Avenue of paperbarks and other native trees lining an original section of the Old Coast Road.


CODE No. NAME OF PLACE

16 '!4lverstoke" Homestead

LOCATION DESCRIPTION

Old Homestead built in 1842. Lot 15 Clifton Road approximately 5km west of South Western Highway through Brunswick on northern side of road opposite junction with Alverstoke Road.

Old State Farmhouse Lot 18 Brunswick Estate off Wellesley Road approximately 0.5km north of Clifton Road on eastern side of road.

Old Homestead

Saint Peter's Church Lot 10 South Western Highway (five lots south of Clifton Road on eastern side of road) Brunswick Junction.

Brick church with decorative stonework. Conical belfry over front porch. Foundation stone laid in September 1907. Consecrated in February 1911.

Site of the original Australind Cemetery

Australind Cemetery 7575 Old Coast Road (east side of road approximately 1.2km north of intersection with Koombana Road), Australind.

9722 Loc. 4921 Old Coast Road (west side of road, approximately 100m south of Francis Street), Australind.

Lot 78 corner Upton Place and Carpenter Terrace (north-west corner of intersection), Australind.

Australind Memorial Memorial Stone erected in 1938 to commemorate original settlers who settled in 1884.

"Upton House" Homestead

A two-storey brick homestead with verandahs and corrugated iron roof which was originally shingled. Built in between 1844- 1847 and originally owned by Marshal1 Waller Clifton, Chief Commissioner for W.A. Company

Saint Nicholas Anglican Church

Located on small lot on north side of Paris Road, approximately lkm east of Old Coast Road, Australind.

Weatherboard building with corrugated iron roof which stands on land originally purchased by James Narroway from the W.A. Company. Built in 1840 as a residence and in 1841 became a Congregational Chapel. Acquired by Anglican Church in 1915.

Henton Cottage Located on small lot on south side of Paris Road, approximately lkm east of Old Coast Road, Australind.

Weatherboard cottage with shingle roof. Built by W. Dacres Williams in 1842 as the Prince of Wales Hotel. Bought by John Allnut in 1844 or 1845. Recently restored to original condition.

24 Coastal Lakelands

25 Darling Range

The land generally west of Old Coast Road, Lake Preston.

An area of significant landscape value including Leschenault Inlet and the Indian Ocean coastline.

The land generally east of South Western Highway Foothills.

An area of significant landscape value including the Darling Scarp and the Range plateau and valleys.

26 Benger Swamp

27 La Porte Bird Rookery

West of the township of Benger and generally south of Mitchell Road.

South West corner of Leschenault Loc. 4 (Old Coast Road), Australind. Egrets.

A wetland of significant ecological value.

A natural swamp which is a breeding ground for White

SCHEDULE 2-POLICIES FOR PLACES OF LANDSCAPE VALUE

Clause 9.2 applies.

2.1 AREA 1-COASTAL LAKE LAND

That part of the Scheme Area between the Old Coast Road and the Indian Ocean including the area 200 metres east of Old Coast Road as depicted on the Scheme Map.


2.1.1 The Council at the appropriate time will undertake a detailed survey of all or part of the area to determine areas where recreation and holiday settlements might be established. 2.1.2 The Council, at the appropriate time, will prepare design criteria for the recreation and holiday development forms it considers suitable for the area and will make the criteria available to intending developers. 2.1.3 In determining areas where development may occur or in considering proposals, the Council will take account of the following criteria-

(i) areas with a higher capacity for development should be intensively developed and should attract users away from those areas less well equipped to absorb pressure of use;

(ii) areas of particularly high wildlife potential should be as inaccessible as possible to the general public and should not be developed for human use;

(iii) areas surrounding development areas which in an undeveloped form have such high intrinsic landscape value that they will attract use, must be taken into account when designing the development area so that pressure of use does not destroy the character of the surrounding area;

(iv) areas with a low level of soil and or vegetation stability should be avoided; (V) the Old Coast Road should be seen as a visual corridor and remain a tourist route and the

Council will not permit a roadhouse, within 20km of an existing development of that nature; (vi) development areas must be of a physical character that new buildings and associated para-

phernalia will be camouflaged by natural vegetation or topographic features. Standing timber should be retained whenever possible, so that only those trees directly and inevitably threat- ened by development may be removed with the consent of the Council; and

(vii) where roads are needed to service areas of foreshore they should approach at right angles orientated away from the prevailing winds and located along the base of dunes and meet the foreshore at places suitably equipped to absorb the intensified pressure of use. Roads should not run parallel or adjacent to foreshores. The standard of access road should be commensurate with the activity potential of the area and the ultimate size of the settlement. Penetration of the countryside by the motor car should be restricted and minimised. Clearly developments have to be serviced, but the main design criteria must be the landscape, and not the engineering ideals of traffic management.

2.1.4 In preparing or considering design standards for the development of a recreation and holiday settlement, the Council will consider the following criteria-

(i) buildings should be designed to sit low in the landscape with the minimum of adjustment to levels and minimum disturbance of natural vegetation. Materials should be either limestone or limestone coloured brick or fibro cement or weatherboard in coastal areas and could be darker brick or wood in the woodland areas;

(ii) buildings should be grouped or clustered around open space; in valleys in the dune areas and hollowed out clearings in the woodland countryside; and

(iii) planting should concentrate on the locally occurring species and should preferably exclude exotics.

2.1.5As farming activity in the area is an appropriate economic activity which enhances the landscape value such activity will be encouraged to continue.

2.1.6 Where proposals for development in the area precede the determination of the criteria summa- rised herein, the developer shall satisfy the Council that the development meets all the general criteria established herein by preparing an environmental impact statement setting out-

(i) the proposal including- * reasons for choice of site;

population; traffic flows; and human activities to occur;

(ii) the existing environment including- * stability of soil and vegetation;

capacity of waterways to absorb human use; and identification of places of special environmental significance; and

(iii) the planning design criteria, including- * physical design standards;

environmental design standards; evaluation of options arising from established criteria and limits imposed by the existing environment.

2.2 AREA 2-DARLING SCARP That part of the Scheme Area generally between South Western Highway and the eastern boundary of the Shire as depicted on the Scheme Map. 2.2.1 Use of State Forest for recreation and educational enjoyment will be encouraged in conjunction with the Department of Conservation and Land Management needs.


2.2.2 Mining or industrial development on the western escarpment of the Darling Range shall be discouraged. 2.2.3 Buildings should be clustered at the base of the escarpment and screened from the South West- ern Highway by dense planting of native vegetation. 2.2.4 Rivers and natural creeks should not be dammed or diverted unless such use is necessary for public purposes. 2.2.5 Clearing of the skyline should be restricted and farmers should be encouraged to reafforest existing cleared land. 2.2.6 Subdivision of smaller lots which is other than a minor boundary adjustment should not be recommended to the Western Australian Planning Commission. Larger holdings need to maintain a minimum size of 40 hectares. 2.2.7 Land located within the catchments of dams should not be developed other than for rural purposes or forestry. 2.2.8 Small holding subdivisions should not be recommended to the Western Australian Planning Commission. 2.2.9 Important landscape features such as watercourses, wetlands, hilltops and areas on which treelines are situated, and major rock outcrops and cliffs should be set aside as reserves. 2.2.10 Farm buildings should, where practicable, be clustered with the farmhouse and other outbuildings. 2.3 AREA 3-BENGER SWAMP The Benger Swamp is used as a drought refuge by water birds in early summer and is recognised throughout W.A. as a prime waterfowl habitat. The Crown has acquired approximately ninety per cent of the swamp and the remainder should be acquired as funds become available. Management objectives should be established by the Department of Conservation and Land Manage- ment, in consultation with land owners, to-

(a) manage the swamp as a waterfowl habitat; (b) maintain a balance between open water and vegetated areas; (C) ensure longer periods of flooding each year to increase its value as a drought refuge; and (d) no further subdivision in this area should be recommended to the Western Australian Plan-

ning Commission.

SCHEDULE 3-ADDITIONAL REQUIREMENTS-SPECIAL RESIDENTIAL ZONE Clause 6.2 applies and Planning Scheme No. 4 3.1 SPECIAL RESIDENTIAL ZONES Special Policy on the preservation of live trees. 3.1.1 Standing Dead Trees Where there are dead trees on a lot they should be removed during the initial clearing operation to reduce the possibility of them damaging good quality live trees during a subsequent clearing operation. 3.1.2 Standing Live Trees Standing live trees, including immature trees which are in good condition and capable of growing to a height in excess of 3m, should not be cleared from the lot except where they must be removed for boundary fire breaks, driveways or structures. No standing live tree should be removed from forward of the proposed building set back, i.e. between the house and the front property boundary, during the initial clearing operation, unless. with specific Council approval in writing. It is intended that the maximum quantity of standing trees be retained forward of the proposed buildings, at all stages of development, to maintain aesthetic quality within the subdivision. Removal of standing live trees will only be permitted by the Council where a landowner can demonstrate that alternative planting of sufficient height will act as a visual screen to any development located behind it. Landowners may remove trees at the rear of the proposed residence within the building envelope to provide lawns, entertainment areas, vehicle parking etc. but they are required to retain a belt of native vegetation around the extremities of the property. Council approval shall have been deemed to have been granted for trees which must be removed for house construction provided that a building licence is obtained prior to clearing operations being undertaken and for boundary fencing or firebreaks required under the Bush Fires Act. 3.1.3 Installation of Firebreaks At the property boundary, landowners shall endeavour to meander the firebreaks around existing live trees and at all times endeavour to avoid the creation of straight visual lines through the subdivision. 3.1.4 Access Driveways When constructing access driveways into a lot, every effort shall be made to meander the driveway amongst existing live trees. As an alternative, provided an excessive amount of live trees are not disturbed, the driveway may be positioned adjacent to a property boundary where it can perform the dual function of providing vehicular access and creating a boundary fire break.


3.1.5 Fire Protection Landowners are encouraged to carry out systematic burning of combustible material on their property to keep quantities of such material a t ground level to a minimum. Alternatively such combustible material should be removed by mechanical means provided no live trees are damaged in the process. 3.1.6 Poorly Vegetated Lots Where a lot is void, or substantially void of live trees or vegetation, forward of the proposed building site, whatever vegetation exists should be preserved until such time as alternative planted vegetation is sufficiently established to act as a visual screen between the house and the public road providing access to the site. 3.1.7 Clearing of Land No clearing taking place outside the adopted building envelopes, other than for-

(i) Removal of dead or dangerous trees, with Council's approval. (ii) Provision of access to building sites, with Council's approval.

(iii) Provision of firebreaks as required by Council, but taking into account the need to protect significant stands of trees.

3.2 AREA 1-LESCHENAULT PARKLANDS AND RIVERLANDS ESTATES, LESCHENAULT 3.2.1 Further subdivision of existing lots will not be recommended to the Western Australian Planning Commission by the Council. 3.2.2 No vehicular access shall be permitted onto the Old Coast Road from the Scheme area unless from gazetted Road Reserves approved by the Main Roads Department. 3.2.3 No dwelling house with a floor area of less than 108m2 shall be permitted within the Scheme area. 3.2.4 All dwelling houses constructed within the Scheme area shall, prior to occupation, be connected to either a functioning water bore or a 90,000 litre water storage tank. 3.2.5 In addition to the uses specified in the zoning and development table, the Council may approve on Lot 54 Australind Road, a shop to serve local requirements and that shop may, as ancillary to its main use, supply liquor and petrol. 3.3 AREA 2WARRAWARUP 3.3.1 Where stables are permitted on lots the exterior of the stable shall be brick for a minimum height of 2m and the remainder of the exterior shall be brick, masonry, factory coloured metal surface or other material approved by Council. 3.3.2 Land Use Controls-

None additional to the Zoning and Development Table and Clause 6.3. 3.3.3 A right of way for the purposes of horse access to the adjoining trotting track has been provided a t the rear of each lot and each lot owner will be responsible for the cost of the periodic maintenance of the right of way 3.3.4 The Council will recommend to the WA Planning Commission the following subdivision criteria-

Minimum lot size shall be 2,400m2; Minimum effective frontage shall be 20m; and Minimum side setbacks shall be 1.0m one side and 1.5m other side per storey.

3.4 AREA 3-WEIR ROAD, HARVEY 3.4.1 Subdivision shall be generally in accordance with the subdivision guide plan certified by the Shire Clerk. 3.4.2 The Council will recommend to the WA Planning Commission the following subdivision criteria- Minimum lot size shall be 2,000m2 and Minimum effective frontage shall be 25 metres.

3.5 AREA 4-ASHMERE HEIGHTS ESTATE, LESCHENAULT 3.5.1 No person shall remove any trees or shrubs within that area designated as the Vegetation Pres- ervation Area on the plan of subdivision. 3.5.2 No dwelling house with a floor area of less than 150m2 shall be permitted within the Scheme Area. 3.5.3 Subdivisions shall generally be in accordance with the "Subdivision Guide Plan" certified by the Shire Clerk. No person shall remove trees from within those areas designated as "Tree Preservation Area" on the Subdivision Guide Plan. 3.5.4 Upon the subdivision of Lot 3 Elinor Bell Road, all new residential dwellings shall use nutrient attenuating systems or alternative effluent disposal systems. 3.5.5 Subdivision and development of Lot 3 Elinor Bell Road taking place in accordance with the Subdivision guide Plan, Number 1, adopted by Council on 23rd March, 1993. 3.5.6 Prior to the subdivision of Lot 3 Elinor Bell Road, the subdivider shall revegetate the first 10 metres of land fronting Cathedral Avenue with indigenous species in accordance with the landscape plan approved by Council.


3.5.7 All lots to be serviced by an "approved" alternative on-site effluent disposal system designed for long term usage with phosphorous retaining ability as recommended by the Department of Environ- ment Protection and to the specifications and satisfaction of the Health Department of Western Aus- tralia and the Local Authority

3.6 AREA 5-LOGUE ROAD, HARVEY 3.6.1 Subdivision shall generally be in accordance with the subdivision guide plan certified by the Shire Clerk. 3.6.2 Prior to the granting of approval to subdivide the land into"Specia1 Residential Lots" the subdivider shall plant and maintain a continuous belt of native trees and shrubs capable of growing to at least 3 metres in height adjacent to Logue Road. The planting shall be concentrated on land denuded of vegetation by previous agricultural clearing. 3.6.3 As a condition of development on lots created Council will require the planting and maintenance of 50 native trees capable of growing to at least 3 metres in height on each lot. The planting shall be concentrated around the proposed buildings and between the street alignment and the building setback line. 3.6.4 No person shall remove any trees from his lot unless the prior written consent of the Council is first obtained. For trees which have to be removed to make way for any boundary fire-breaks required under any Act or Regulations, the prior consent of the Council shall be deemed to have been granted. 3.6.5 The minimum standard of boundary fencing shall be post and five strand wire l m to 3m high or post and fabricated fence material (ring lock or similar) unless otherwise approved in writing by the Council. No boundary fences shall be constructed of fibro cement, metal sheeting or wooden pickets. 3.6.6 No sign, hoarding or billboard shall be permitted within the Scheme Area, unless Council considers it necessary, provided that no sign so permitted shall have an area greater than lm2.

3.7 AREA 6-MYALUP BEACH ROAD, MYALUP 1. Notwithstanding the provisions of the Zoning and Development Table the minimum lot size requirements within Area 6 that Council will recommend to the WA Planning Commission are-

Minimum area: 1000m2 Minimum effective frontage: 20 metres

2. Subdivision shall generally be in accordance with the Subdivision Guide Plan certified by the Shire Clerk on 23rd June, 1992. 3. The Subdivision Guide Plan defines areas as building envelopes and no dwelling, outbuilding or structure shall be constructed outside the area of the building envelope. 4. Council may agree to the relocation of a building envelope if it is satisfied that the new location is acceptable and will not result in additional risks of soil erosion or amenity problems including loss of views from neighbouring properties or loss of privacy. 5. The subdivider shall be responsible to construct a strategic firebreak in crushed limestone as shown on the Subdivision Guide Plan. 6. The subdivider shall be responsible to implement a Coastal Management Plan approved by and to the satisfaction of Council. 7. No boundary fences shall be constructed of the following materials-

fibro cement sheeting; metal sheeting; wooden pickets. 8. Notwithstanding the provisions of the Zoning and Development Table, no stables are permitted within Special Residential Zone Area 6 and the keeping of horses or other large grazing animals is prohibited. 9. The use of secondhand building materials for visible structures shall be prohibited unless specially approved by Council. 10. No person shall remove any trees or vegetation from any lot unless the prior consent of Council has been obtained. The prior consent of Council shall be deemed to have been granted to any clearing within the building envelope and to any clearing required to create firebreaks (as required under any Act or Regulation) and to provide access to the building envelope. 11. The subdivider is to make satisfactory arrangements with the Local Authority to ensure prospective purchasers are advised of the special provisions which apply to the amendment area. 12. Effluent disposal systems to be a minimum of 100m from any water source with a 2m minimum vertical clearance from the highest known water table or bedrock and are to be of a type that will minimise nutrient export. The installation to be to Council's specifications and satisfaction.

3.8 AREA 7-RIFLE RANGE, HARVEY 3.8.1 The subdivision of land generally known as the Harvey Rifle Range (Reserves 17805, 16030, 22877, 17482 and 21587 and Lots 18, 219 and 258), shall be in accordance with the structure plan endorsed by Council and amended from time to time.

3.9 AREA 8-WATERLOO ROAD, ROELANDS 3.9.1 Subdivision shall generally be in accordance with the Subdivision Guide Plan endorsed by the Shire Clerk and approved by the Western Australian Planning Commission. 3.9.2 No further subdivision of the lots shown on the Subdivision Guide Plan shall be permitted. 3.9.3 All buildings, structures and effluent disposal systems shall be contained within a Building Envelope as approved by Council.


3.9.4 No trees or substantial vegetation shall be felled or removed from the site except where- * it is inside the approved building envelope; * it is required to establish a firebreak or driveway; * trees are dead, diseased or dangerous.

3.9.5 Council shall request at the subdivision stage the subdivider to undertake a tree planting programme to the specification, and satisfaction of Council, with revegetation to be concentrated along boundaries. 3.9.6 On each lot denuded of natural vegetation by previous agricultural clearing, Council will require on each lot as a condition of building approval, the planting and maintenance of 50 native trees capable of growing to at least three metres in height. The planting shall be concentrated around the proposed buildings and between the street alignment and the building setback line. 3.9.7 A well licence must be obtained from the Water and Rivers Commission prior to the construction of a well or bore to draw ground water. 3.9.8 Boundary fending shall be post and four strand wire, or post and ringlock or similar as approved by Council. Solid fencing such as Super 6, pickets or metal sheeting shall not be permitted on boundaries and only permitted in proximity to buildings where Council determines that i t will not adversely impact on the rural character of the area.

SCHEDULE 4-ADDITIONAL REQUIREMENTS-SPECIAL RURAL ZONE Clause 6.3 applies. 4.1 AREA 1-FORESTRY ROAD, UDUC The area shown on the Scheme Map at the junction of Myalup Road and Forestry Road, 4.1.1 Subdivision and Development Criteria-

(a) The Council will recommend to the WA Planning Commission that the minimum lot size of 10 hectares except in the case of existing lots will apply;

(b) the existing drainage channel shall be retained and taken account of in the subdivision design;

(C) the clearing of trees between the front setback line and the front boundary requires the approval of the Council;

(d) residential occupation of a lot will not be permitted unless a potable water supply is available to the lot. The Council may agree to a 92,000 litre rainwater storage tank;

(e) fencing within the area shall retain the rural character of the area and the use of fibro cement, metal sheeting or wooden pickets for boundary fencing is prohibited; and

( f ) as a condition of approving development on each of the lots created by subdivision, the Council shall require planting and maintenance of native trees capable of growing to a height of at least 3 metres to ensure that each lot has at least 10 trees per hectare. The planting shall be concentrated around the buildings and in the area between the front setback line and the front boundary.

4.1.2 Land Use Controls- As for the Zoning and Development Table and Clause 6.3 except that the keeping of pigs for non-commercial purposes is permitted.

4.2 AREA 2-COOKERNUP Those areas of the townsite of Cookernup shown on the Scheme map. 4.2.1 Subdivision and Development criteria-

(a) no further subdivision beyond that which exists should be recommended to the Western Aus- tralian Planning Commission;

(b) existing drainage and irrigation channels shall be maintained and any modification to them requires the prior approval of the Council;

(C) the use of fibro cement, metal sheeting or wooden pickets as boundary fencing is prohibited; (d) residential occupation of any lot will not be permitted unless a potable water supply is avail-

able to the lot. The Council may agree to a 90,000 litre rainwater storage tank; (e) as a condition of development, the Council may require the planting and maintenance of 20

native trees capable of growing to at least 3 metres in height for each hectare or part of a hectare of the area of the lot. The planting shall be concentrated around the proposed buildings and between the front setback line and the front boundary; and

( f ) use of second hand materials for visible structures is prohibited. 4.2.2 Land Use Controls-

None additional to the Zoning and Development Table and Clause 6.3. 4.3 AREA 3-LOGUE ROAD, HARVEY 4.3.1 Subdivision shall generally be in accordance with the subdivision guide plan certified by the Shire Clerk. 4.3.2 Prior to the granting of approval to subdivide the land by the Western Australian Planning Commis- sion, into "Special Residential Lots" the subdivider shall plant and maintain a continuous belt of native trees and shrubs capable of growing to at least 3 metres in height, adjacent to Logue Road. The planting shall be concentrated on land denuded of vegetation by previous agricultural clearing.


4.3.3 As a condition of development on lots created Council will require the planting and maintenance of 50 native trees capable of growing to at least 3 metres in height on each lot. The planting shall be concentrated around the proposed buildings and between the street alignment and the building setback line. 4.3.4 No person shall remove any trees from his lot unless the prior written consent of the Council is first obtained. For trees which have to be removed to make way for any boundary fire-breaks required under any Act or Regulations, the prior consent of the Council shall be deemed to have been granted. 4.3.5 The minimum standard of boundary fencing shall be post and 5 strand wire l m to 3m high or post and fabricated fence material (ring lock or similar) unless otherwise approved in writing by the Council. No boundary fences shall be constructed of fibro cement, metal sheeting or wooden pickets. 4.3.6 No sign, hoarding or billboard shall be permitted within the Scheme Area, unless Council considers it necessary, provided that no sign so permitted shall have an area greater than lm2. 4.3.7 The construction of dams on natural water courses within private property shall not be approved unless the owner can demonstrate to the satisfaction of the Council that the proposed dam will not have an adverse effect on the quantity and quality of water made available to down stream consumers. 4.3.8 That dam applications be referred to the Water Authority of Western Australia, the Leschenault Inlet Management Authority and Peel Inlet Management Authority. 4.3.9 No further subdivision of lots within the Scheme Area shall be recommended to the Western Australian Planning commission.

4.4 AREA 4-CATHEDRAL AVENUE, LESCHENAULT (Special Rural and Landscape Protection) Land Use Policy This zone has been designed to ensure that land uses do not-

* increase the nutrient load to the estuary; cause land degradation, dust and erosion; result in clearing of existing native vegetation or replanting of significant areas with non indigenous species; encourage buildings within the flood plain; cause excessive noise or disturbance to the existing lifestyle of the area; and increase power boating use of the northern estuary

The following criteria are attached to development in this zone- * All developments must go to Council for consideration, no uses will be permitted as a right.

Existing land use practices can be continued as non-conforming uses. This zone allows for one residential dwelling per lot. Except with special Council approval. The Council will recommend to the WA Planning Commission that subdivision of land in this area should be a minimum lot size of 2 hectares south of Crimp Crescent and 5 hectares north of Crimp Crescent. A restaurant is not included within this zoning and would require a further rezoning application. This applies to both on and over water developments. A Waterways Protection Precinct line has been drawn on the attached maps. This line has been determined using the following criteria wherever practicable-

* a setback of 200 metres from mean high water mark; development outside the 1:100 floodline; 50 metres setback from Cathedral Avenue; landscape aesthetics; topography; and existing vegetation.

Land uses that could be permitted within the zone after Council consideration are- * Dwelling (one dwelling per 2ha lot and associated outbuildings)

Home Occupation Art and Craft Studio Keeping of Livestock Wayside Stall Consulting Rooms Caretaker's House

Land uses that could be permitted after advertising- * Lodging HouseResidential Building

Health Farm

CRITERIA- In addition a number of other criteria would need to be applied to the area, these include-

SETBACKS The Waterways Protection Precinct, where practicable.


BUILDING ENVELOPES Determine a building envelope for the site which will be large enough for house and outbuildings. Determine the building envelope to give views of the estuary but to minimise views of developments from the estuary and road. Determine building envelopes for existing lots already with developments. Ensure that any future developments on these lots occur on the new envelope. STOCK CONTROL The keeping of horses will be permitted, subject to no more than 1 horse per hectare. The keeping of grazing animals, including horses, shall be subject to the prior approval of the Council. Animal stocking rates shall not exceed the stocking rates recommended by Agriculture WA for the pasture type for the policy area. If, in the opinion of Council or after obtaining the advice of Agriculture WA, the land is being degraded by horses, Council may require the removal of horses from the property. (See other sections regarding effluent control and landscape and rehabilitation plan.) UTILITY SERVICES Further overhead power lines will not be supported on the estuary flats, BUILDING STRUCTURES-LOCATION AND MATERIALS Discourage developments which through their height, bulk, colour andlor texture for material used are considered to be out of character with the estuary and bushland environment. LANDSCAPE AND REHABILITATION PLAN Develop a landscape plan in consultation with landowners. Trees used are to be a t least 3 metres in height. Encourage landowners to develop part of their property as wildlife habitat. Restrict stock access to revegetated areas. Encourage landowners to develop an undergrowth of native vegetation which will not require annual burning. Restrict clearing of the escarpment to other than building envelopes. Control public access to Public Open Space on the escarpment to protect fragile slopes. Establish the area as a landscape protection precinct in the Planning Scheme. RESERVES Link reserves on the foreshore to the escarpment-

visually-through the landscape plan physically-through a roadway network but not for through traffic.

Encourage buffer zones on the eastern side of Cathedral Avenue which will be treated like reserves but still be private property under agreement with the landowner. Encourage landowners and reserve vestees to remove weed species in accordance with the landscape plan. Use of pesticides should be in accordance with guidelines. Encourage community groups to assist with revegetation of public areas in accordance with landscape plan. SUBDIVISION If possible subdivide properties perpendicular to the estuary so that building envelopes are on the eastern end of the block, not the estuary flats. The Council will recommend to the WA Planning Commission that subdivision of land in this area should contain a minimum lot size of 2 hectares south of Crimp Crescent and 5 hectares north of Crimp Crescent. RECREATION Establish recreation nodes to the west of Cathedral Avenue for low key recreation use. No random power boat launching permitted other than in authorised areas. Discourage power boating access in the northern 3 kilometres of the estuary Development of a brochure by the Leschenault Inlet Management Authority explaining why boating access in the northern 3 kilometres should be limited. Restrict the establishment of further camping areas on the basis that sufficient areas will be established in the future on Leschenault Peninsula. CATHEDRAL AVENUE Improve traffic management in Cathedral Avenue by providing traffic calming devices, landscaping, widening of the road reserve (eastwards only) for separate carriageways, pedestrian and cy- cling facilities and carparking, in accordance with Council plans. WATER QUALITY AND NUTRIENT CONTROL Encourage establishment of vegetation buffers on the eastern side of Cathedral Avenue in association with the landscape plan. The Department of Agriculture to provide advice to landowners on recommended fertiliser and pesticide use. Maintain vegetation on lots a t all times to reduce runoff from these areas into the estuary.


Restrict the storage of toxic chemicals and fuels on properties on the estuary flats. Require landowners on the estuary flats to dispose of rubbish in accordance with Council guidelines. No personal tip sites and no burying of rubbish or animal effluent on site. Council supports the use of alternative wastewater treatment and effluent disposal systems. The onus of proof will rest with the subdivider to provide sufficient technical and engineering evidence that alternative systems or site modifications remove any adverse effects on public health, water resources or the environment while not detrimentally impacting on the character of the area. Existing properties will be permitted to operate conventional on-site effluent disposal systems provided they are operating effectively. If any existing systems are to be replaced in the future, Council will encourage the use of an alternative wastewater treatment and effluent systems. New commercial development or extensions must incorporate effluent management systems approved by the Health Department, the Environmental Protection Authority and the Water Au- thority of Western Australia, or connect to reticulated sewerage if available. Encourage the development of nutrient and irrigation management programmes for the northern catchment. Encourage the development of wetland wildlife habitats as nutrient stripping devices. Encourage the use of compensating basins as nutrient and pollution stripping devices. RATES Develop a system whereby people not wishing to be rezoned from "General Farming" get a dis- counted rate. Some sort of retrospective system must be in place if they wish to fall into the new zoning practice i.e. must pay new rate zoning at least two years before subdividing in accordance with subdivision plan. FLORA AND FAUNA Establish strategies for the control of exotic species in association with the APB and the Mosquito Control Advisory Committee.

4.5 AREA 5-RAYMOND ROAD, ROELANDS 4.5.1 Subdivision and Development Criteria Subdivision shall be generally in accordance with the attached Subdivisional Development Plan (Draw- ing No. 3663-1) endorsed by the Shire Clerk. 4.5.2 The Council will recommend to the WA Planning Commission that a minimum lot size of 2 hectares should apply. 4.5.3 Existing creeks and drainage lines shall be maintained and included within Recreation Re- serves. 4.5.4 Fencing within the area shall retain the rural character of the area and the use of fibro cement sheeting, metal sheeting or wooden pickets as boundary fencing is prohibited. 4.5.5 Residential occupation of any lot will not be permitted unless a potable water supply is available to the lot. Each dwelling shall be provided with a supply of potable water from a rainwater storage system with a minimum capacity of 92,000 litres to the satisfaction of Council. 4.5.6 As a condition of development approval, the Council shall require the planting and maintenance of 20 native trees capable of growing to at least 3 metres in height for each hectare or part of a hectare of the area of the lot. The planting shall be concentrated around the proposed buildings and between the front setback line and the front boundary. 4.5.7 No installation for the disposal of waste water or effluent shall be located closer than 100 metres to the high water mark of a definable water course or creek. Effluent disposal systems to have a minimum 2 metre vertical clearance from the highest known water table or bedrock. 4.5.8 No dwelling house, outbuilding or structure shall be constructed unless it is within a building envelope defined on the Subdivisional Development Plan. 4.5.9 Where, for the purpose of retaining natural flora, sound environmental reasons or the physical constraints of a site dictate, Council may set an alternative building envelope. 4.5.10 On Lots 51, 44, 37, and 36 Council shall require landowners to erect and maintain a fence of satisfactory standard in order to protect the escarpment and exclude livestock therefrom. 4.5.11 With the intention of preventing land degradation Council may, with the advice of Agriculture WA, require removal of, or reduction in the number of, stock on any lot within the zone. 4.5.12 Notwithstanding paragraph 4.5.6 above, Council shall, a t the time of subdivision, require the planting and maintenance of the equivalent of 100 trees (per hectare) capable of growing to at least 3 metres in height within the Tree Planting Areas identified on the Subdivisional Development Plan. Revegetation of the escarpment area shall be to the satisfaction of the Western Australian Depart- ment ofAgriculture. No person shall remove any trees within the Tree Planting Areas unless the prior consent of Council is first obtained. 4.5.13 The Subdivisional Development Plan defines Vegetation Preservation Areas within which no person shall remove any trees unless the prior consent of Council is first obtained. 4.5.14 The owner or subdivider of the land shall inform prospective purchasers of land in this area of those provisions relating to the land and such other provisions of the Scheme that may affect it. 4.5.15 Council shall not give planning consent for the agistment or the stabling of horses, or the keeping of livestock on any lot, unless Agriculture WA has formally advised that it is satisfied that the soil conditions and type of vegetation existing on a particular lot within Area 5 is capable of supporting such a use.


4.5.16 The developer is required to maintain the revegetated areas', and to replace any diseased or dead plants for a period of two years. 4.5.17 Land Use Controls None additional to the Zoning and Development Table and Clause 6.3 except that the keeping of livestock on Lots 52,50,43, and 38 is prohibited.

4.6 AREA 6-CLIFTON ROAD, BRUNSWICK The area shown on the Scheme Map to the north east of the junction of Clifton Road and Bunbury Highway. 4.6.1 Subdivision and Development Criteria Subdivision shall be generally in accordance with the attached Subdivisional Development Plan (Draw- ing No. 1929-1) endorsed by the Shire Clerk. 4.6.2 The Council will recommend to the WA Planning Commission that a minimum lot size of 1.5 hectares should apply. 4.6.3 Existing creeks and drainage lines shall be maintained and protected by easements in favour of the Shire. 4.6.4 Fencing within the area shall retain the rural character of the area and the use of asbestos, metal sheeting or wooden pickets as boundary fencing is prohibited. 4.6.5 Residential occupation of any lot will not be permitted unless a potable water supply is available to the lot. The Council may agree to a 92,000 litre rainwater storage tank. 4.6.6 As a condition of development approval, the Council shall require the planting and maintenance of 20 native trees capable of growing to at least 3 metres in height for each hectare or part of a hectare of the area of the lot. The planting shall be concentrated around the proposed buildings and between the front setback line and the front boundary. 4.6.7 No installation for the disposal of waste water or septic tank effluent shall be located closer than 100 metres to the centreline of a definable water course or creek without approval from the Shire and the Health Department of Western Australia. 4.6.8 No dwelling house, outbuilding or structure shall be constructed unless it is within a building envelope defined on the Subdivisional Development Plan. 4.6.9 Where, for the purpose of retaining natural flora, sound environmental reasons or the physical constraints of a site dictate, Council may set an alternative building envelope. 4.6.10 Council shall not give planning consent for the agistment or the stabling of horses, or the keeping of livestock on any lot, unless Agriculture WA has formally advised that it is satisfied that the soil conditions and type of vegetation existing on a particular lot within Area 6 is capable of supporting such a use. Notwithstanding this provision, the following stocking rates apply-

(a) A maximum of one (1) horse per two (2) ha lot. (b) A maximum of two (2) horses per five (5) ha lot. (C) No stocking is permitted on Lots 6 to 12 and Lots 16 to 19.

4.6.11 On lots 14,15 and 16 Council shall require landowners to erect and maintain a fence of satisfactory standard in order to protect the escarpment and exclude livestock therefrom. 4.6.12 With the intention of preventing land degradation Council may, with the advice of Agriculture WA require removal of, or reduction in the number of, stock on any lot within the zone. 4.6.13 Notwithstanding paragraph 4.6.6 above, Council shall, a t the time of subdivision, require the planting and maintenance of the equivalent of 100 trees (per hectare) capable of growing to at least 3 metres in height within the Tree Planting Areas identified on the Subdivisional Development Plan. Revegetation of the escarpment area shall be to the satisfaction of Agriculture WA. No person shall remove any trees within the Tree Planting Areas unless the prior consent of Council is first obtained. 4.6.14 The Subdivisional Development Plan defines Vegetation Preservation Areas within which no person shall remove any trees unless the prior consent of Council is first obtained. 4.6.15 The owner or subdivider of the land shall inform prospective purchasers of land in this area of those provisions relating to the land and such other provisions of the Scheme that may affect it. 4.6.16 The developer is required to maintain the revegetated areas, and to replace any diseased or dead plants for a period of two years. 4.6.17 A strategic firebreak shall be created prior to subdivision and maintained by the landowners to the satisfaction of Council along the escarpment, adjacent to the flood plain.

SCHEDULE 5-ADDITIONAL REQUIREMENTS-INDUSTRIAL ZONES

5.1 AREA 1-AUSTRALIND LIGHT INDUSTRIAL ESTATE

Description of Land- Part Lot 43 Ditchingham Place (or any subdivided portion thereof) and Part Lot 3 Paris Road (or any subdivided portion thereof) both being portions of Wellington Location 1. 1. Unless in an area set aside for display purposes, a person shall not place or stock any fuel or

raw material or product or waste of manufacture, in front of a building line other than the building line of a service station.

2. Council shall not approve the erection of more than one sign on any lot and no sign shall exceed 4m2 in area.


3. The facade or facades of any building as seen from an adjoining road shall be constructed of brick unless in the opinion of Council, the design and materials of the proposed buildings are of sufficiently high standard to complement the locality.

4. In an accessible position a t the rear of the building shall be provided a gated enclosure of not less than 10m2 in area, with a concrete base, upon which shall be provided a rubbish receptacle of a size nominated by Council and an incinerator complying with the Bush Fires Act.

5. The use of pre-used materials for visible structures shall be prohibited. 6. Subdivision shall generally be in accordance with the subdivision guide plan certified by the

Shire Clerk. 7. In addition to the Zoning and Development Table the following uses may be permitted-

Service Premises -P Veterinary Hospital -AP Private Recreation -P Veterinary Clinic -P Health Centre -P

8. Council shall require payment by the landowner or subdivider of a per lot contribution for the construction of the East Australind-Eaton link bridge, to be determined by Council, the Min- istry for Planning and Main Roads a t the time of subdivision. Where the owner is aggrieved by the decision of the Council regarding the imposition of the levy or the method of calculation and distribution of construction costs, an appeal to the Minister for his determination may be made and the decision of the Minister shall be final.

9. Prior to the relocation or decommissioning of the Water Authority Waste Water Treatment Works Site no light industry will be permitted within a 500 metre radius of the treatment site that involves the manufacturing of foodstuffs or the handling of unpackaged foodstuffs.

10. The owner or subdivider of the land shall inform prospective purchasers of land in this area of those provisions relating to the Australind Light Industrial Estate as contained in Schedule 5 of the Scheme Text and such other provisions of the Scheme that may affect it.

11. The further subdivision of Pt Lot 3 shall not be permitted until such time as a comprehensive drainage plan has been prepared to the satisfaction of Council.

5.2 AREA 2-KEMERTON INDUSTRIAL AREA AND BUFFER-STATEMENT OF POLICY SUB-AREA 1: KEMERTON PARK INDUSTRY ZONE 1. The predominant use within this zone shall be reserved for major industry in accordance with Kemerton Industrial Park's designation as a location for the development of such industry, including resource-based industry 2. The environmental impact of industrial developments shall be subject to environmental assessment and approval by the Minister for Environment, in accordance with the Environmental Protec- tion Act (1986). To ensure the continued acceptability of industry, all developments shall be subject to an ongoing program of monitoring. 3. The further industrial development in the zone shall have regard for the established industry and the need to provide and maintain a high standard of landscaping in the buffer within each site. 4. Major industrial development shall be required to identify their social impacts and pressures on community facilities and services prior to that development occurring. 5. Support industry shall only be permitted where appropriate. 6. Residential development shall not be permitted. New residential development is contrary to the intent of the zone. SUB-AREA 2-KEMERTON ANCILLARY INDUSTRY ZONE 1. The predominant use within this area shall be restricted to general light and service industry which are associated with the industry located in the Kemerton Park Industry Zone. 2. The industrial development of this area shall be accompanied by an appropriate road network and services, but shall accord as far as practical with the existing pattern of development. 3. Residential development shall not be permitted. New residential development is contrary to the intent of the zone. SUB-AREA 3: INTER-INDUSTRY BUFFER ZONE 1. The predominant purpose for land within this area shall be to serve as a low intensity use zone between industry locating in the Kemerton Park Industry Zone and the Ancillary Industry Zone. 2. Following a program of ongoing monitoring, where it is demonstrated to the satisfaction of the Environmental Protection Authority that the risk associated with industry locating in the Kemerton Park Industry zone is such that reduction, or total deletion of the inter-industry buffer is warranted, the land within this area may be used for support industry purposes. 3. Residential uses shall not be permitted. New residential development is contrary to the intent of the zone. SUB-AREA 4-KEMERTON BUFFER ZONE 1. The predominant purpose for land within this area shall be to serve as a low intensity use zone between the industry contained within the Kemerton Park Industry Zone and the surrounding land uses. In accordance with this primary purpose, provision shall be made to protect the native woodlands, parklands and wetlands and to encourage where possible the conservation of flora and fauna, landscape amenity and passive public recreation.


2. Industrial uses shall not be permitted, other than rural industry where appropriate. 3. Rural uses which have the potential to attract large numbers of customers (e.g. retail nurseries) shall not be permitted. 4. Rural uses may be permitted, provided they are consistent with the primary purpose of the Area and do not constrain industrial development in the Kemerton Park Industry Area or the Ancillary Industry Area. 5. The clearing of trees and vegetation in this Zone will require the approval of the Kemerton Advisory Board. 6. Existing residential use within this area may continue unless industrial development within the core area makes it necessary to take the land into public ownership. Further intensification of land uses should not be encouraged, and the subdivision of land shall not be permitted. 7. Residential development is not permitted. New residential development is contrary to the intent of the zone. 8. Public Recreation uses shall be located outside the area covered by the 10.= risk contour.

SUB-AREA 5-KEMERTON SUPPORT INDUSTRY AREA The area shown on the scheme map north of Marriott Road, bounded by the Wellesley River and Wellington Road. 1. Carparking areas shall be softened with vegetation and incorporated into the landscape. 2. Security fencing is to be either galvanised or black plastic coated cyclone mesh, and be sited behind vegetated buffers. 3. Signage shall be consistent with the guidelines set out in the Kemerton Industrial Parks Landscape Study. 4. A vegetative screen around the perimeter of the site shall be provided. 5. Facades of buildings viewed from public spaces, shall be designed to compliment the locality.

SCHEDULE 6-POLICIES ON OUTLINE PLANNING AREAS Clause 5.5 applies.

6.1 AREA 1-HARVEY CENTRAL BUSINESS DISTRICT

(a) development within the area bounded by Uduc Road, Becher Street, Gibbs Street and Hayward Street, should generally conform with the concept plan forming part of the amending documents and no individual site development should encumber upon the nominated access points;

(b) development shall conform with the Zoning and Development Tables; and

(C) development and associated carparking and landscaping shall conform with the townscape plan adopted by Council.

SCHEDULE 7-SCHEDULE OF ADDITIONAL USES Clause 4.7 Applies.

STREET LOCALITY PARTICULARS ONLY USE PERMITTED OF LAND

1 South Western Highway, Lot 48 Eating House, Craft Studio, Caretakers Wokalup Accommodation and Shop (maximum area

25m2). Development shall generally conform with the sketch plan forming part of the amending documents. Site cover shall not exceed 50%.

2 Clifton Close, Australind Wellington Church Presbytery Hall and Parish Centre Location 1 Lot 1

3 South Western Highway, Lot 7 Restaurant & Souvenir and Craft Sales Harvey

4 Old Coast Road, Australind Lot 203 Office but excluding additional medical office and ancillary medical office use.

SCHEDULE 8-RESTRICTED USES Clause 4.7 Applies.


1 Rosamel Road, Parkfield Lot 26 Abattoir and holding paddocks with 200m of natural bushland between the buildings and the Old Coast Road.



2 Stanley Road, Leschenault

3 Rosamel Road, Parkfield 4 Uduc Road, Harvey

5 Third Street, Harvey 6 Seventh Street, Harvey 7 Kasten Road, Brunswick 8 Millar Street, Yarloop

9 Third Street, Harvey 10 South Western Highway,

Warawarrup 11 Old Coast Road, Australind

12 Old Coast Road, Australind

Lot 42

Lot 2 Lots 144, 146 and 149 of Korijekup 50A

Lot 22 Lot 3 Lot 4 Lot 28

Lot 4 Lot 269

Lot 222

Leschenault Location 23, Lot 5

13 Mardo Avenue, Australind Lot 221

14 Lake Preston Road, Myalup Lot 100

15 Lake Preston Road, Myalup Lot 698

16 Old Coast Road, Myalup Lot 7

Industrial storage shed covering a maximum area of 18,000m2 Extension to Piggery. Abattoir and holding paddocks with 30m dense native vegetation between the buildings and Uduc Road and around the effluent lagoons. Fruit juice extraction business. Abattoir RestaurantIArt Gallery Machine Shop Permitted Land Use-

Machine Shop Ancillary Office Caretaker's Residence

Development Restrictions- The machine shop is to be restricted to 1,500 square metres of gross floor area unless the Council is satisfied that the following conditions are met in which case a further 1,000 square metres will be permitted-

(i) comprehensive landscaping and revegetation; and

(ii) the operation of the land use has not adversely disturbed surround ing residents.

Milk Processing Plant Cement Works

Tavern (500m2), Fast Food (500m2), Shops with a maximum net leasable area of 1,800m2, Parking and Landscaping, office but excluding medical offices and ancillary medical office uses. 1. Development in the Tourist zone shall be in accordance with a development plan approved by the Council and Environmental Protection Authority. 2. No activity or development shall occur on the land zoned "Recreation" other than in accordance with a management plan approved by the Leschenault Inlet Management Authority Office, Bank, Professional Office and Parking. Thirty one strata titled lots in accordance with the Strata Bylaws adopted by Council and the Ministry for Planning. A 40 lot purple title subdivision. Development to be in accordance with the Deed of Covenant. Short Stay Chalet Park, Stables, Residential Accommodation, Recreation, Horse Agistment, subject to- 1. The development being generally in accordance with the Development Guide Plan signed by the Shire Clerk. 2. A chalet shall not be used for purposes other than short stay residential purposes and no person or group may be permitted to occupy a unit for more than three months cumulatively in any twelve month period.

6402 GOVERNMENT GAZETTE, WA [ l2 November 1996


3. A chalet shall be of a design and constructed in materials that will complement and enhance the rural character of the locality. 4. No chalet strata lot fronting the lagoon shall be used for stabling or agistment of horses. 5. Effluent disposal shall be by a method or methods approved by the Council, Health Department of Western Australia and Environmental Protection Authority.

SCHEDULE 9-CARPARKING LAYOUTS Landscaping in accordance with Clause 3.4.1 of the Scheme Text. Clauses 8.2 and 8.4 apply. ~ O ' P A R K I N G

60' P A R K I N G


SCHEDULE 10-FORM 1 Clause 2.2.1 applies.

SHIRE OF HARVEY OFFICE USE ONLY- DISTRICT PLANNING SCHEME NO. 1 Fee: $

Rece i~ t No: ............ APPLICATION FOR PLANNING CONSENT

(FORM 1)

Date: ....... 1.. ... ./ ....... File No: 15231 ........ Assess No: ............. Mar, Ref: ................

I/We ...................... .... ................................................................................................................................ (Full Name of Applicant)

(Address for Correspondence) Phone: (Work) (..........) ................... ............ (Home) (..........) ....................... .... ................ hereby apply for Planning Consent to use the land or building described hereunder for the purpose of-

in accordance with the plans provided (two copies). The existing use of the land or building is-

......................................................................................................................................................................... The approximate cost of the proposed development is $ .................... The estimated time of completion is: .......................................................................................................... The approximate number of persons to be housed or employed a t the completion of development is-

The estimated time of completion is: .......................................................................................................... DESCRIPTION OF LAND

Location No: ............................ Lot No: .................... .. ....... Street No: ...................... .... ............... Road Name: .............................................................. Locality: ...................................................................

Certificate of Title: Vol: .................... Folio: .................... Dimensions: Site Area: .............................................................. m2/ha

Frontage: ............................................................... m

Depth: ................... ... ......................................... m Applicant Signature .................................................................................. Date: ................ / ............ / .......... Owner Signature ....................................................................................... Date: ................ / ............ / .......... THIS FORM IS TO BE SUBMITTED WITH TWO COPIES OF PLANS COMPRISING THE INFOR- MATION SPECIFIED ON THE REVERSE OF THIS FORM.

PARTICULARS REQUIRED WITH APPLICATION Where an application involves the erection or alteration of a building or a change in levels of a site, the plans accompanying an Application for Planning Consent (Form 1) shall, unless specifically exempted by the Council, indicate-

(a) the position and describe the existing buildings and improvements on the site and indicate those which are to be removed (existing site plan);

(b) the position and describe the buildings and improvements proposed to be constructed, their appearance, height and relationship to existing and proposed contours (proposed site plan and elevation);

(C) the position, type and height of all existing trees on the site and indicate those to be retained and those to be removed;

(d) the location of areas for pedestrian use, the areas to be landscaped and the types of shrubs, trees and other treatment;

(e) site contours and details of any proposed alteration to the natural contour of the area (earthworks);

(0 carparking areas, their layout, dimensions and the position of existing and proposed crosso- ver; and

(g) site dimensions with all dimensions indicated in metric.

1. THIS IS NOT AN APPLICATION FOR A BUILDING LICENCE.

2. ANY PROPOSAL REQUIRING ADVERTISING IN ACCORDANCE WITH SCHEME REQUIRE- MENTS WILL BE ADVERTISED AT THE EXPENSE OF THE APPLICANT


SCHEDULE 11A Clause 2.4 applies.

SHIRE OF HARVEY DISTRICT PLANNING SCHEME NO. 1 NOTICE OF PLANNING PERMISSION

(Form 2) Name and address of Landowner-

Planning Consent is hereby GRANTED in respect of- Application No: 15231 .............. made on the ...................... .... ............................................................... by ............................................................................................................ for land situated and described as .................................................................................................................................................................... 1. To be used for the purpose of- 2. To have development carried out in accordance with the endorsed planls subject to the following conditiods-

This approval is valid for a period of-

If development is not completed within this period, a new approval must be obtained before commencing or continuing development. ........................................... .......................................................

DATE SHIRE CLERK

SCHEDULE 11B Clause 2.4 applies.

SHIRE OF HARVEY DISTRICT PLANNING SCHEME NO. 1

NOTICE OF PLANNING REFUSAL (FORM 3)

NAME AND ADDRESS OF LANDOWNER-

Planning consent is hereby REFUSED in respect of- Application No: 1523 / .................... made on ................................................................................................. by ............................................................................................................... for land situated and described as .................................................................................................................................................................... (1) To be used for the purpose of ....................................................... (2) Development in accordance with the submitted plans has been refused on the following grounds-

........................................... ....................................................... SHIRE CLERK DATE

SCHEDULE 11C SHIRE OF HARVEY

NOTICE OF PUBLIC ADVERTISEMENT OF A DEVELOPMENT PROPOSAL

It is HEREBY NOTIFIED for public information and comment that the Council has received an application to develop land for the purpose described hereunder- LAND DESCRIPTION- Lot No: ................. Street: ............................................. Location: ......................................................... DESCRIPTION OF PROPOSAL: .................... ........ ...........................................................................


Details of the proposal are available for inspection a t the Council offices. Comments on t h e proposal may be submitted to the Council in writing on or before t h e

..................... ......................... day of ................................................. 19

....................................................... ........................................... DATE SHIRE CLERK

SCHEDULE 12-SET-BACK DIAGRAM Clauses 6.1.2 and 7.1.2 apply.


SCHEDULE 13-INTERPRETATIONS Abattoir: Means land and buildings used for the slaughter of animals for human consumption and the

treatment of carcasses, offal and by-products. Absolute Majority: Shall have the same meaning as is given to i t in and for the purposes of the Local

Government Act 1995 (as amended). Act: Means the Planning and Development Act, 1928 (as amended). Activity Building: Means a public building, located on a recreation zone, which is used for the pur-

poses of indoor recreation and social activities. Advertisement: Means any word, letter, model, sign, placard, board, notice device or representation,

whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and includes any hoarding or similar structure used, or adapted for use, for the display of advertisements; an Advertising sign shall be construed accordingly but not include-

(a) An advertising sign of less than 2m2 in area relating to the carrying out of building or similar work on land on which it is displayed, not being land which is normally used for those purposes;

(b) An advertising sign of less than 2m2 in area announcing a local event of a religious, educational, cultural, political, social or recreational character not promoted or carried on for commercial purposes.

(C) An advertising sign of less than 2m in area relating to the prospective sale or letting of the land or building on which it is displayed;

(d) An advertising sign exhibited upon any land vested in or owned by the Minister for Rail- ways which is directed only to persons upon or entering a railway station or platform or bus station, and

(e) directional signs, street signs and other like signs erected by a public authority Aged Persons Dwelling Units: Means self contained dwelling units provided by a religious or charita-

ble organisation, Government Authority or other body approved by the Council for the purpose of the accommodation of aged persons and which are designed and used solely for that purpose.

Aged Persons Home: Means a residential building or group of buildings provided by a religious or charitable organisation, Government Authority or other body approved by the Council for the purpose of accommodation of aged persons and which are designed and used solely for that purpose.

Aged Persons Village: Means a building or group of buildings consisting of either- (a) an aged persons' home; or (b) an aged persons home and aged persons dwelling units;

and which includes buildings or parts of buildings used for communal facilities, food preparation, dining, recreation, laundry or medical care.

Amusement Parlour: Means land and buildings, open to the public, where the predominant use is amusement by amusement machines and where there are more than two amusement machines operating within the premises.

Aquatic Centre: Means land and structures used for water based recreational activities but does not include rivers, lakes inlets, dams or foreshore areas.

Aquaculture: Aquaculture means any fish farming operation for which a fish farming licence issued pursuant to the provisions of Part 8 (Section 90-102) of the Fish Resource Management Bill 1994 and the Fisheries Regulations 1938 (as amended) is required.

Art and Craft Studio: Means a building, not being located on a zone where a shop is permitted, which is used for the purposes of display and sale of art, crafts, curios and other items orientated to the tourist trade.

Bank: Means a building wherein the predominant business is directed to serving the general public in money and financial matters and includes building societies and sub-agencies of such activities. It does not include buildings which are not generally accessible to the public wherein the primary activity is the administration of financial matters such as merchant banks, insurance offices, accountants and the like.

Battery Farming: Means the husbandry of all forms of livestock within buildings or lot feeding establishments such that the animals spend over 60% of the time within any 7 day period enclosed. It shall not include a piggery, poultry farm, dog kennels, cattery nor any premises such as veterinary hospitals where animals are confined for medical treatment.

Battle-axe lots: Means a lot having access to a public road by means of an access strip included in the Certificate of Title of that lot.

Betting Agency: Means a building operated in accordance with the Totalisator Agency Board Betting Act 1960 (as amended).

Boarding House: Means a building in which provision is made for lodging or boarding more than four persons, exclusive of the family of the keeper, for hire or reward, but does not include-

(a) premises the subject of an Hotel, Limited Hotel or Tavern Licence granted under the provisions of the Liquor Act 1970 (as amended);

(b) premises used as a boarding school approved under the EducationAct, 1928 (as amended); (C) a single dwelling, attached, grouped or multiple dwelling unit; or


(d) any building that is the subject of a strata title issued under the provisions of the Strata Titles Act, 1985 (as amended).

Builder's Yard: Means land and buildings used for the storage of building material, pipes, or other similar items related to any trade, and may include manufacture, assembly and dismantling processes incidental to the predominant use.

Building: Shall have the same meaning as is given to it in and for the purposes of the Residential Planning Codes.

Building Envelope: Means an area of land within a lot marked on a plan forming part of the Scheme outside which building development is not permitted.

Building Line: Means the line between which and any public place or public reserve a building may not be erected except by or under the authority of an Act.

Building Setback: Means the shortest horizontal distance between a boundary or other specified point and the position a t which a building may be erected.

Camping Area: Means land used for the lodging of persons In tents or other temporary shelter. Caravan Park: Means land and buildings used for the parking of caravans under the Bylaws of the

Council or the Caravan Parks and Camping Grounds Regulations 1974 (as amended) made pursuant to the provisions of the Health Act, 1977-1979 (as amended).

Caretaker's Dwelling: Means a building used as a dwelling by a person having the care of the building, plant, equipment or grounds associated with an industry, business, office or recreation area carried on or existing on the same site.

Car-park: Means lands and buildings used primarily for parking private cars or taxis whether open to the public or not but does not include any part of a public road used for parking or for a taxi rank, or any land or buildings in which cars are displayed for sale.

Car Sales Premises: Means land or a building or buildings used for the display or sale of motor vehicles whether new or second-hand but does not include a workshop unless used for the repair of those motor vehicles.

Car-wash: Means premises used for the washing or cleaning of motor vehicles by mechanical means. Cattery: Means the use of the approved outbuilding constructed in accordance with the Health Act

Model Bylaws Series "A" Part One-General Sanitary Provisions (as amended) for the purpose of keeping more than three (3) cats over the age of three (3) months.

Chalet: A detached holiday accommodation unit including cooking facilities which may be fully self contained, having a minimum floor area of 28m2, and which is generally of single storey or split level construction.

Change Rooms: Means a building providing showers, toilets and changing facilities provided that such use is ancillary to active recreation activities.

Civic Building: Means a building designed, used or intended to be used by a Government Department, an instrumentality of the Crown, or the Council as offices or for the administrative or other like purpose.

Civic Use: Means land and buildings used by a Government Department, an instrumentality of the Crown, or the Council, for administrative, recreational or other purpose.

Commission: Means the Western Australian Planning Commission constituted under the Western Australian Planning Commission Act, 1985 (as amended).

Club Premises: Means the land and buildings used or designed for use by a legally constituted club or association or other body of persons united by a common interest whether such building or premises be licenced under the provisions of the Liquor Act, 1970, (as amended) or not and which building or premises are not otherwise classified under the provisions of the Scheme.

Commercial Stables: Means premises or land or both where horses are kept bred andor trained for commercial gain.

Commercial Vehicles: Means a vehicle used for commercial or industrial purposes. Community Home: Means a building used primarily for living purposes by a group of physically or

intellectually handicapped or socially disadvantaged persons living together with or without paid supervision or care and managed by a constituted community based organisation, a recognised voluntary charitable or religious organisation, a government department or instrumentality of the Crown.

Constructed Road: Means a track that has been graded and shaped. It also may or may not be covered with a foreign material and may or may not be sealed.

Consulting Rooms: Means a building (other than a hospital or medical centre) used by no more than two practitioners who are legally qualified medical practitioners or dentists, physiotherapists, chiropractors, and persons ordinarily associated with a practitioner, in the prevention or treatment of physical or mental injuries or ailments, and the two practitioners may be of the one profession or any combination of professions or practices.

Consulting Rooms Groups: Means a building (other than a hospital or medical centre) used by more than two practitioners or dentists, physiotherapists, chiropractors and persons ordinarily associated with a practitioner, in the prevention, investigation or treatment of physical or mental injuries or ailments, and the practitioners may be of the one profession or any combination of professions or practices.

Convenience Store: Means land and buildings used for the retail sale of convenience goods being those goods commonly sold in supermarkets, delicatessens and newsagents but including the sale of


petrol and operated during hours which include but which may extend beyond normal trading hours and providing associated parking. The buildings associated with a convenience store shall not exceed 200m2 gross leasable area. In a residential zone a convenience store shall be part of a dwelling which shall be occupied by the owner or lessee of the store.

Day Care Centre: Means land and buildings used for the daily or occasional care of children in accordance with the Child Welfare (Care Centres) Regulations, 1968 (as amended).

Development: Shall have the same meaning given to it in and for the purposes of the Act and shall include the clearing, excavation, filling and drainage of land.

District: Means the Municipal District of the Shire of Harvey. Dog Kennels: Means land and buildings used for the boarding and breeding of dogs where such premises

are registered or required to be registered by the Council; and may include the sale of dogs where such use is incidental to the predominant use.

Drive-In Theatre: Means land and buildings used to make provision for an audience to view the entertainment while seated in motor vehicles.

Dry Cleaning Premises: Means land and buildings used for the cleaning of garments and other fabrics by chemical processes.

Dwelling: Means a building or portion of a building being used or intended, adapted or designed to be used for the purpose of human habitation on a permanent basis by-

* a single person, a single family, or no more than six (6) persons who do not comprise a single family.

Eating House: Means premises in which food is prepared for sale and consumption within the premises, and shall include a licenced restaurant and eating house, from which food for consumption outside the building is sold and where the sale of food for consumption outside the building is not the principal part of the business.

Educational Establishment: Means a school, college, university, technical institute, academy or other educational centre, but does not include a reformatory or institutional home.

Effective Frontage: Means the width of a lot at the minimum distance from the street alignment at which buildings may be constructed, and shall be calculated as follows-

(a) where the site boundaries of a lot are parallel to one another, the length of a line drawn at right angles to such boundaries;

(b) where the side boundaries of a lot are not parallel to one another, to the street frontage and intersecting the side boundaries at the minimum distance from the street alignment at which buildings may be constructed; or

(C) where a lot is of such irregular proportions or on such a steep grade that neither of the foregoing methods can reasonably be applied, such length as determined by the Council.

Electricity Generation: Means land and buildings, structures and plant used for the generation of electrical power and includes such land, buildings, structures, ore bodies and water bodies that provide fuel to, or are ancillary to, the generation of electrical power.

Factory Unit Building: Means an industrial building designed, used or adopted for use as two or more separately occupied production or storage areas and has appurtenant to each building a separate storage yard and to which there is direct vehicular access for loading and unloading.

Family Care Centre: Means land and buildings used for the purpose of a Family Care Centre as defined in Child Welfare (Care Centres) Regulations, 1968 (as amended).

Fast Food Outlet: Means land and buildings used for the preparation, sale and serving of food to customers in a form ready to be eaten without further preparation, primarily off the premises, but does not include a fish shop.

Feeding Lot: Means land, or an enclosure on land, with or without ancillary buildings, not exceeding 2 hectares in area, used for the intensive feeding of animals in enclosures using food imported to the site.

Fish Shop: Means a building where wet fish and similar foods are displayed and offered for sale. Fixed Tourist Accommodation: Means any building, caravan or mobile home in a caravan-park lo-

cated, or intended to be located, on the same site within the caravan park for the period exceeding 6 consecutive months.

Forestry: Means the cultivation, management and felling of trees for commercial purposes. Frontage: Means a boundary line or lines between a site and the street or streets upon which the site abuts. Fuel Depot: Means a depot for the storage or bulk sale of solid or liquid gaseous fuel, but does not

include a service station and specifically excludes the sale by retail into the final users vehicle of such fuel from the premises.

Funeral Parlour: Means land and buildings used for the undertaker where bodies are stored and prepared for burial or cremation.

Garden Centres: Means land and buildings used for the sale and display of garden products, including garden ornaments, plants, seeds, domestic garden implements and motorised implements and the display but not manufacture of prefabricated garden buildings.

Gas Manufacture and Storage: Means land and buildings used for the commercial manufacture and storage of all gases whether flammable or inflammable, toxic or non toxic, but does not include compressed air or steam.

Gazettal Date: Means the date of which this Scheme is published in the Government Gazette.


Golf Course: Means land used for the playing of golf and includes ancillary buildings, club premises and commercial facilities located on that land.

Gross Floor Area (G.F.A.): Shall have the same meaning given to it and for the purposes of the Aus- tralian Standard Building Bylaws, 1988 (as amended).

Grouped Dwelling: As defined in the Residential Planning Codes. Health Centre: Means land and buildings designed and equipped for physical exercise, recreation and

sporting activities including outdoor recreation. Health Farm: Means a health centre at which or in conjunction with which accommodation is provided

for patrons or clients. Home Occupation: Means a business or activity carried on with the written permission of the Council

within a dwelling or the curtilage of a dwelling by a person resident therein or within a domestic outbuilding by a person resident in the dwelling to which it is appurtenant that-

(a) Does not cause injury to or prejudicially affect the amenity of the neighbourhood including (but without limiting the generality of the foregoing) injury, or prejudicial affection due to the emission of light, noise, vibration, electrical interference, smell, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil, liquid wastes or waste products or the unsightly appearance of the dwelling house or domestic outbuilding on or the land on which the business is conducted;

(b) does not entail employment of any person not a member of the occupier's family; (C) does not occupy an area greater than twenty square metres; (d) does not require the provision of any essential service main of a greater capacity than

normally required in the zone in which it is located; (e) does not display a sign exceeding 0. 2m2 in area. (f) in the opinion of the Council is compatible with the principal uses to which land in that

zone may be put, and will not in the opinion of the Council generate a volume of traffic that would prejudice the amenity of the area;

(g) does not entail the presence, use or calling of a vehicle of more than two tonnes tare weight;

(h) does not entail the presence of more than one commercial vehicle and does not include provision for the fuelling or repairing of motor vehicles within the curtilage of the dwelling or domestic outbuilding;

(i) does not entail the offering for sale or display of motor vehicles machinery or goods (other than goods manufactured or services on the premises); and

(j) does not entail a source of power other than an electric motor of not more than 0.373 kilowatts (0.5hp).

Hospital: Means a building in which persons are received and lodged for medical treatment or care and includes a maternity hospital.

Hospital Special Purposes: Means a building used or designed for use wholly or principally for the purpose of a hospital or sanatorium for the treatment of infectious or contagious diseases, or hospital for the treatment of the mentally ill or similar use.

Hostel: Means a lodging house which is not open to the public generally but is reserved for use solely by students and staff of educational establishments, members of societies, institutes or associations.

Hotel: Means land and buildings providing accommodation for the public the subject of an Hotel Li- cence granted under the provisions of the Liquor Act, 1970 (as amended).

Industry: Means the carrying out of any process in the course of trade or business for gain, for and incidental to one or more of the following-

(a) the winning, processing or treatment of minerals; (b) the making, altering, repairing, or ornamentation, painting, finishing, cleaning, packing

or canning or adapting for sale, or the breaking up or demolition of any article or part of an article;

(C) the generation of electricity or the production of gas; (d) the manufacture of edible goods, and includes, when carried out on land upon which the

process is carried out and in connection with that process, the storage of goods, any work of administration or accounting, or the wholesaling of goods resulting from the process, and the use of land for the amenity of persons engaged in the process;

but does not include- (i) the carrying out of agriculture;

(ii) site work on buildings, work or land, (iii) in the case of edible goods the preparation of food for sale from the premises; or (iv) panel beating, spray painting or motor vehicle wrecking.

Industry Cottage: Means an industry which produces arts and craft goods which cannot be carried out under the provisions relating to a "home occupation" and that-

(a) does not cause injury to or prejudicially affect the amenity of the neighbourhood including (but without limiting the generality of the foregoing) injury, or prejudicial affection, due to the emission of light, noise, vibration, stream soot, ash, dust, grit, oil, liquid wastes or waste products;


(b) where operated in a Residential Zone, does not entail the employment of any person not a member of the occupier's family normally resident on the land;

(C) is conducted in an outbuilding which is compatible to the zone and its amenity and does not occupy an area in excess of 55m;

(d) does not require the provisions of any essential service main of a greater capacity than normally required in the zone in, which it is located; and

(e) does not display a sign exceeding 0.2m2 in area. Industry-Extractive: Means an industry which involves-

(a) the extraction of sand, gravel, clay, turf, soil, rock, stone, minerals, or similar substance from the land, and also the storage, treatment or manufacture of products from those materials is extracted or on land adjacent thereto; or

(b) the production of salt by the evaporation of sea water. Industry-General: Means an industry other than a cottage, extractive, hazardous, light, noxious,

rural or service industry. Industry--Hazardous: Means an industry which by reason of the processes involved or the method of

manufacture of the nature of the material used or produced requires isolation from other buildings. Industry-Light: Means an industry-

(a) In which the processes carried on, the machinery used, and the goods and commodities carried to and from the premises will not cause any injury to, or will not adversely affect the amenity of the locality by reason of emission of light, noise, electrical interference, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water or other waste products; and

(b) the establishment of which will not, or the conduct of which does not, impose an undue load on any existing or projected service for the supply or provision of water, gas, electricity, sewerage facilities, or any other like services.

Industry-Noxious: Means an industry in which the processes involved constitute an offensive trade within the meaning of the Health Act, 1911 (as amended), but does not include a fish shop, dry cleaning premises, marine collectors yard, laundromat, piggery or poultry farm.

Industrial-Rural: Means an industry handling, treating, processing or packing primary products grown, reared or produced in the locality, and a workshop servicing plant or equipment used for rural purposes in the locality

Industry-Service: Means a light industry carried out on land or in buildings which may have a retail shop front and from which goods manufactured on the premises may be sold; or land and buildings having a retail shop front and used as a depot for receiving goods to be serviced.

Infant Health Centre: Means land and buildings used for the health care of children. Intensive Farming: Means the use of land for the purposes of trade, commercial reward or gain, in-

cluding such buildings and earthworks normally associated with the following- * the production of grapes, vegetables, flowers, exotic and native plants, fruit and nuts;

the establishment and operation of plant and fruit nurseries; the development of land for irrigated fodder production and irrigated pasture (including turf farms); the development of land for the keeping, rearing or fattening of pigs, poultry (for either egg or meat production), rabbits (for either meat, or fur production) and other livestock in feedlots; dairy milking sheds; the development of land for the keeping, rearing or fattening of other livestock above those stocking rates recommended by Agriculture WA in consultation with surrounding farmers for the applicable pasture type; aquaculture. Aquaculture means any fish farming operation for which a fish farm licence issued pursuant to the provisions of Part V of the Fisheries Act, 1905 (as amended), and the Fisheries Regulations, 1938 (as amended) is required.

Kindergarten: Means land and buildings used as a school for developing the intelligence of young children by object lessons, toys, games, singing and similar methods.

Land: Shall have the same meaning given to it in and for the purposes of the Act. Laundromat: Means a building, open to the public in which coin-operated or other washing machine,

with or without provision for drying clothes, are available for use. Laundry: Means a factory, generally not accessible to members of the general public used for the

commercial cleaning of cloth items. Library: Means a non commercial establishment used for the lending, reading or storing of printed

material or art and shall include an archive. Liquor Store: Means a building the subject of a Store Licence granted under the provisions of the

Liquor Act, 1970 (as amended). Livestock Saleyards: Means land and structures used for the sale of cattle andlor sheep. Lodging House: Shall have the same meaning as is given to it in and for the purposes of the Health

Act, 1911-1979 (as amended). Lot: Shall have the same meaning given to it in and for the purposes of, the Act and "allotment" has

the same meaning.


Lunch Bar: Means land and buildings located in a commercial or industrial zone used for the preparation, sale and serving of food predominantly to employees in surrounding workplaces and which operates during the normal working hours of surrounding businesses.

Marine Sales Premises: Means land or a building or buildings used for the display or sale of new or second hand marine boats.

Market: Means land and buildings used for a fair, a farmer's or producers' market, or a swapmeet in which the business or selling carried on or the entertainment provided is by independent opera- tors or stall holders carrying on their business or activities independently or the market operator save for the payment where appropriate of a fee or rental.

Medical Centre: Means a building (other than a hospital) that contains or is designed to contain facilities not only for the practitioner or practitioners mentioned under the interpretations of consulting rooms but also for ancillary services such as chemists, pathologists and radiologists.

Milk Depot: Means land and buildings to which milk is delivered for distribution to consumers but in which milk is not processed or pasteurised.

Mobile Home: Means any vehicle or similar relocatable structure having been manufactured with wheels (whether or not such wheels have been removed) and having no footings other than wheels, jacks or skirtings, and so designed or constructed as to permit independent occupancy for continuous dwelling purposes incorporating its own facilities including bathroom, and toilet facilities.

Mobile Home Park: Means land upon which two or more mobile homes, occupied for dwelling purposes, are located regardless of whether or not a charge is made for such accommodation.

Motel: Means land and buildings used or intended to be used to accommodate patrons in a manner similar to a Hotel or Boarding House but in which special provision is made for the accommodation of patrons with motor vehicles.

Motor Vehicle Hire Station: Means land and buildings used for the hiring out of motor vehicles and when conducted on the same site, the storage and cleaning of motor vehicles for hire but does not include mechanical repair or servicing of such vehicles.

Motor Vehicle Repair Station: Means land and buildings used for the mechanical repair and overhaul of motor vehicles including tyre recapping, retreading, panel beating, spray painting and chassis reshaping.

Motor Vehicle Wash Station: Means land and buildings where vehicles are washed and cleaned by or primarily by mechanical means.

Multiple Dwelling: As defined in the Residential Planning Codes.

Municipal and Government Offices: Means buildings owned by a Local, State or Federal Government instrumentality, used for the administration of government business. It does not include private buildings rented by Government instrumentalities.

Museum: Means land and buildings used for storage and exhibiting objects illustrative of antiquities, natural history, art, nature and curiosities.

Natural Countryside with Managed Areas: Means rural land, privately or publicly owned, to which the public has access, with or without a fee, where the manner of access and use of the land by the public is controlled in accordance with a management plan approved by the Council or the Department of Conservation and Land Management.

Non-conforming Use: Means a use of land which, though lawful immediately prior to the coming into operation of this Scheme, is not in conformity with the Scheme.

Night Club: Means a building or part of a building where entertainment and refreshments are provided to patrons.

Nursery: Means a land and buildings used for the propagation, rearing and sale of products associated with horticultural and garden decor.

Nursing Home: Means premises in which persons receive medical and domestic care during a long illness or infirmity or in which persons reside during convalescence from an illness.

Office: Means a building used for the conduct of administration, (including Government and Munici- pal administration), the practice of a profession, the carrying on of agencies, banks, typist and secretarial services, and services of a similar nature.

Owner: In relation to any land includes the Crown and every person who jointly or severally whether at law or in equity-

(a) is entitled to the land for an estate in fee simple in possession; or (b) is a person to whom the Crown has lawfully contracted to grant the fee simple of the land;

or (C) is a lessor or licensee from the Crown; or (d) is entitled to receive or is in receipt of, or if the land were let to a tenant, would be entitled

to receive the rents and profits thereof, whether as a beneficial owner, trustee, mortgagee in possession, or otherwise.

Petrol Filling Station: Means land and buildings used for the supply of petroleum products and motor vehicle accessories.

Piggery: Shall have the same meaning given to it in and for the purposes of the Health Act, 1911-1979 (as amended).


Place of Amusement: Means premises open to the public in which are provided for the use or amusement of customers two or more of any of the following items-

* a billiard table; a pool table; a bagatelle table; a machine or device at which games or competitions may be played,

a juke box; or an amusement machine.

Plot Ratio: Shall have the same meaning given to it in the Australian Standard Building Bylaws except for residential dwellings where it shall have the same meaning given to it in the Residen- tial Planning Codes.

Potable Water: Means water in which level of physical, chemical and bacteriological constituents do not exceed the maximum permissible levels set out in "International Standards for Drinking Wa- ter-Third Edition, World Health Organisation-1971".

Poultry Farm: Means land and buildings used for hatching, rearing or keeping of poultry for either egg or meat production which does not constitute an offensive trade within the meaning of the Health Act, 1911-1979 (as amended).

Prison: Shall have the same meaning given to it in and for the purposes of the Prisons Act, 1981 (as amended).

Private Hotel: Means land and buildings used for the residential purposes the subject of a Limited Hotel Licence granted under the Provisions of the Liquor Act 1970 (as amended).

Private Recreation: Means land used for parks, gardens, playgrounds, sports arenas, or other grounds for recreation which are not normally open to the public without charge.

Private Stables: Means buildings or land or both where horses are kept, bred and or trained for private or hobby purposes and not for commercial reward or gain.

Produce Store: Means land and buildings wherein fertilisers and grain are displayed and offered for sale. Professional Office: Means a building used for the purposes of his profession by an accountant, archi-

tect, artist, author, barrister, chiropodist, consular official, dentist, doctor, engineer, masseur, nurse, physiotherapist, quantity surveyor, solicitor, surveyor. teacher (other than a dancing teacher or a music teacher), town planner, or valuer, or a person having an occupation of a similar nature, and Professional Person has a corresponding interpretation.

Public Amusement: Means land and buildings used for the amusement or entertainment of the public, with or without charge.

Public Authority: Shall have the same meaning given to it in and for the purpose of the Act. Public Mall: Means any public street or right-of-way designed especially for pedestrians who shall

have right of way and vehicle access shall be restricted to service vehicles at time specified by the Council.

Public Recreation: Means land used for a public park, public gardens, foreshore reserve, playground or other grounds for recreation which are normally open to the public without charge.

Public Transport Depot: Means a "transport depot" (as defined) for road transport vehicles owned by any Government or Local Government instrumentality.

Public Utility: Means any work or undertaking constructed or maintained by a public authority or the Council as may be required to provide water, sewerage, electricity, gas, drainage, communications or other similar services.

Public Worship Place of: Means land and buildings used for the religious activities of a church but does not include an institution for primary, secondary, or higher education, or a residential training institution.

Race Track: Means any track and ancillary buildings used for the commercial racing of horses or dogs. Radio andTV Installation: Means land and buildings used for the transmission, relay and reception of

signals and pictures, both commercial and domestic. but does not include domestic radio and television receivers.

Railway: Means land and buildings on that land which is owned by Westrail and are directly associated with Westrail railway operations throughout the Shire.

Reception Centre: Means land and buildings used by parties for functions on formal or ceremonious occasions, but not for unhosted use for general entertainment purposes.

Reformatory: Means land and buildings used for the confinement or detention in custody of juvenile offenders against the law with a view to their reformation.

Relocated Dwelling: Means a residential dwelling which has been previously constructed on a building site whether within the District or elsewhere and whether occupied or not.

Residential Building: Means a building or portion of a building, together with rooms and outbuildings separate from such building but ancillary thereto; such building being used or intended, adapted or designed to be used for the purpose of human habitation-

* temporarily by two or more persons; or permanently by seven or more persons.

who do not comprise a single family; but does not include a hospital or sanatorium, a prison, a hotel, motel, or a residential school.


Restaurant: Means a building wherein food is prepared for sale and consumption within the building and the expression shall include a licensed restaurant, and a restaurant a t which food for consumption outside the building is sold where the sale of food for consumption outside the building is not the principle part of the business.

Restoration: Means any work or process on a t or in respect of a building structure or place which wholly or partly brings back the building structure or place to its original condition or which reinstates its historic or natural character either by rebuilding or repairing its fabric or by remov- ing accretions or additions.

Road House: Means an "eating house" (as defined), which is orientated to serving the travelling public. Rural Pursuit: Means the use of land for any of the purposes set out hereunder and shall include such

buildings normally associated therewith- (a) the growing of vegetables, fruit, cereals or food crops; (b) the rearing or agistment of goats, sheep, cattle, beasts of burden, emus, ostriches or deer; (C) the stabling, agistment or training of horses; (d) the growing of trees, plants, shrubs, or flowers for replanting in domestic commercial or

industrial gardens; and (e) the sale of produce grown solely on the lot but does not include the following except as

approved by the Council- (i) the keeping of pigs;

(ii) poultry farming; (iii) the processing, treatment or packing of produce; and (iv) the breeding, rearing or boarding of domestic pets.

Salvage Yard: Means the land and buildings used for the storage and sale of materials salvaged from the erection, demolition, dismantling or renovating of, or fire or flood damage to structures including (but without limiting the generality of the foregoing) buildings, machinery, vehicles and boats.

Sawmill: Means land and buildings, including mobile sawmills, where logs or large pieces of timber are sawn but does not include a joinery works unless logs or large pieces of timber are shown therein.

Schedule: Means a schedule to the Scheme. Service Premises: Means a shop in which services are provided to the public and includes a hairdress-

er's salon, a dry cleaning agency, an art, craft or photographer's studio used for exhibition or instruction, and a travel agency, a ticket agency

Service Station: Means land and buildings used for the supply of petroleum products and motor vehicle accessories and for carrying out greasing, tyre repairs and minor mechanical repairs and may include a cafeteria, restaurant or shop incidental to the primary use; but does not include transport depot, panel beating, spray painting, major repairs or wrecking.

Sewerage Treatment Works: Means land, buildings and mechanical plant, owned and operated by a Government or Local Authority instrumentality, used for the purposes of treating and disposing or sewerage effluent.

Shared Dwelling: Means a building used primarily for living purposes by not more than five persons residing therein as a single household; the term also includes such outbuildings and recreational uses and gardens as are ordinarily used therewith, but does not include a private hotel, motel or boarding house.

Shop: Means a building wherein goods are kept, exposed or offered for sale by retail, but does not include a bank, fuel depot, market, service station, milk depot, marine collector's yard, timber yard or land and buildings used for sale of vehicles or for any purpose falling within the definition of industry.

Showroom: Means a building wherein goods are displayed and may be offered for sale by wholesale andlor by retain excluding the sale by retail of: foodstuffs, liquor or beverages; items of clothing or apparel, magazines, books or paper products; medical or pharmaceutical products; china, glass- ware or domestic hardware; and items of personal adornment.

Stadium: Means a building or structure used for seating spectators at sporting functions and may include changerooms, club premises and other commercial or non-commercial facilities incidental to needs of the patrons of the stadium.

Stockholding: Shall mean a "feeding lot" (as defined, with the exception that the area may exceed 2 hectares), used for the temporary accommodation of stock prior to transportation. The period of holding for any batch of stock shall not exceed one calendar month.

Street Alignment: Means the boundary between the land comprising a street and the land that abuts thereon, but where a new street alignment is prescribed under Section 364 of the Local Govern- ment Act 1960, it means the new street alignment so prescribed.

Swimming Pool: Means any inland body of water, enclosed or otherwise, which has been demarcated and designated by the Council as a public swimming area.

Tavern: Means land and building the subject of a Tavern Licence granted under the provisions of the Liquor Act, 1970 (as amended).

TertiaryITechnical School: Means an educational establishment used for the purposes of tertiary or technical education.

TimberIShelter Belt: Means a timber production sideline on farming properties which does not cover an area more than 20% of the total lot area.


Trade Display: Means land and buildings used for the display of trade goods and equipment for the purposes of advertisement.

Transport Depot: Means land and buildings used for the garaging of motor vehicles used or intended to be used for carrying goods or persons for hire or reward or for any consideration, or for the transfer of goods or persons from one such motor vehicle to another of such motor vehicle and includes maintenance, management and repair of the vehicles used, but not of other vehicles.

Trotting Track: Means any circular or oval track used for the training or racing of trotting horses. Waste Disposal: Means the use of land for the storage and disposal of solid waste and includes, a

garbage depot, rubbish tip or landfill. Veterinary Clinic: Means a building in which a veterinary surgeon or veterinarian treats the minor

ailments of domestic animals and household pets as patients but in which animals or pets do not remain overnight.

Veterinary Hospital: Means a building used in connection with the treatment of sick animals and includes the accommodation of sick animals.

Viticulture/Horticulture: Means the intensive cultivation and production of grapes, flowers or vegetables for commercial purposes on any area exceeding 1,000m2.

Warehouse: Means a building wherein goods are stored and may be offered for sale by wholesale. Water Supply, Sewerage and Drainage Headworks: Means any land, works, buildings, and structures,

piping, machinery or plant required to provide the main trunk essential services to urban areas. Wayside Stall: Means a building situated on private land which offers for sale to the general public

produce or any commodity which is produced on the land upon which the buildings are located. Wholesale: Means the sale of any goods to any person or persons other than the ultimate consumer of

those goods by a person or his trustee, registered as a "wholesale merchant" for SalesTax purposes under the provisions of the Sales Tax Assessment Act No. 1 1930 (as amended).

Wine House: Means land and buildings the subject of a Wine House Licence granted under the provisions of the Liquor Act, 1970 (as amended).

Wrecking Yard: Means land and buildings used for the storage, breaking up or dismantling of motor vehicles and includes the sale of second-hand motor vehicle accessories and spare parts.

Zone: Means a portion of the Scheme area shown on the map by distinctive colouring, patterns, symbols, hatching, or edging for the purpose of indicating the restrictions imposed by the Scheme on the erection and use of land, but does not include reserved land.

Zoo: Means land and buildings used for the keeping, breeding or display of fauna but does not include kennels or keeping, breeding or showing of domestic pets.

SCHEDULE 14-PLANNING PRECINCT POLICY AREA STATEMENTS PRECINCT AREA 1-LESCHENAULT Boundaries The area is bounded on the west by the coast and the southern point of the Leschenault Peninsula then follows the Shire Boundary across the inlet to the Collie River bridge, northwards along the western boundary of Old Coast Road to the same side of Cathedral Avenue, east along the northern boundary of Cemetery Road to the east side of Reserve 36031, then northwards along the eastern boundary of this reserve to the western edge of the park strip which has been defined on the Scheme Maps for land zoned Special Residential, to Old Coast Road, then northwards along the western boundary of Old Coast Road to Treasure Road, then westwards along the line of the northern boundary of Lots 14 and 7 Buffalo Road to the coast. The area is approximately 4,650 hectares. Precinct Policv Area Statements The general policy for this area is conservation and recreation to the extent that latter activity is sustainable while permitting limited residential development without further degradation to the In- let and environs. To this end it is the Policy that-

* A minimum lot size of two hectares for lots south of Crimp Crescent and five hectares for lots north of Crimp Crescent. Recreational uses of the Inlet and its perimeter be controlled to confine activity to specific areas on the perimeter of the inlet which can sustain such activity and be properly managed. The natural wilderness environment as perceived from the northern parts of the inlet and from Cathedral Avenue scenic drive be maintained by screening urban and semi-urban development north of Australind behind a vegetation barrier on the scarp and maintaining rural land between these and the foreshore areas. West of Cathedral Avenue, between Australind Road and Buffalo Road the land use should be confined to conservation, controlled recreation and low intensity rural uses in the northern part. Low intensity tourist development on parts of the better drained soils of Lot 7 Buffalo Road, east of the line of primary foreshore dunes, would be appropriate subject to stringent environmental assessments and ongoing management. Clearing of this area should be discouraged. The eastern side of Lot 14 should be incorporated in the Leschenault Wetland protection area. The development of Lots 21 and 24 Cathedral Avenue, Leschenault, should reflect the transi- tional nature of the land towards large lot sizes, in order to enhance the landscape and environmental qualities of this area. A structure plan is required to be prepared for Lots 21 and 24 Cathedral Avenue, Leschenault, prior to the subdivision of the land. The structure plan should reflect the zoning of the land as Special Residential, Special Use-Special Rural and


Landscape Protection and Recreation, and show a transition of lot sizes, increasing in size from the southern boundary and being justified in terms of landform, vegetation and landscape impact. Within the "Special Residential" zone the minimum lot size shall be 4000m2 with an average of 6000m2. Provision could be made for a scenic road constructed through Lot 14 linking Buffalo Road to Binningup. The western portion of Lot 4 Buffalo Road be incorporated into the Leschenault Wetland protection area. Replanting of trees should be encouraged over the remainder of the land to Old Coast Road. Further subdivision should be limited to that compatible with conservation or agricultural purposes. South of Buffalo Road, the land between the Inlet and Old Coast Road be considered a conservation area to the inlet and buffer area to the Goodchild's abattoir which is located just east of Old Coast Road. Where there are existing houses and commercial premises west of Old Coast Road, between Dawe Street and Paris Road, along the foreshore of the Inlet, redevelopment to "low key" tourist developments should be considered subject to satisfactory design and environmental safeguards.

Any development proposal is subject to a catchment, management plan incorporating nutrient run-off and drainage management programme. In addition to the general Policy Statements for this particular area, the following requirements apply to the Cathedral Avenue area, which is bounded by Buffalo Road to the north, the road on the peninsula to the west, Elinor Bell Road to the south and the public open space ridge as identified on the Scheme Map to the east.

The zoning of the land shall be6'Special Use-Special Rural and Landscape Protection", which implies special conditions. It will furthermore ensure that the scenic rural character and lifestyle valued by the people are retained. (Specific development criteria for this particular section of Precinct Area 1 are outlined in Schedule 4-Additional Requirements for Special Rural Zones-Area 4-Cathedral Avenue-Leschenault). Furthermore, the zoning applied will ensure protection of the estuary and its associated flora and fauna.

PRECINCT AREA 2-AUSTRALIND AND EAST AUSTRALIND URBAN EXTENSIONS Boundaries Starting from the Collie River bridge the boundary follows the Shire Boundary eastwards to the Australind Bypass Road bridge, then northwards along the Australind Bypass Road to the west and southwards along the same scarp park strip boundary as described for Precinct Area 1 to the Collie River bridge. The area is approximately 2,520 hectares. Precinct Policv Area Statements These areas form part of the Bunbury Wellington Study and are directly covered by the detailed provisions of the District Planning Scheme. The general Policy for the remaining rural area is that no further subdivision should be permitted that is not in keeping with the urban and semi urban intentions for the area. All subdivision in this Precinct Area must be in the context of an approved local development plan, and is subject to a catchment management plan, incorporating nutrient run-off and drainage management. In addition to the general Policy Statement, the following applies to the area known as East Austxalind which falls within Precinct Area 2. The area is contained within the following boundaries-Brunswick River to the north, Australind Bypass to the east, Collie River to the south and Brunswick River to the west. The primary objective of the East Australind area is to accommodate the urban land requirements resulting from the growth of the Australind area, and the region generally. Accordingly, the proposed land uses in the Precinct Area are urban uses including residential, district shopping, local shopping, recreation and light industry, in accordance with the endorsed structure plan (which is subject to review), and has regard to logical road hierarchy and drainage catchments. More specific objectives for the area are as follows-

(i) To provide for the staged release of residential land, comprising a range of residential densities. This entails the provision of a high standard of affordable housing, a mix of housing types to meet the community's changing needs, and the establishment of a high level of local amenity.

(ii) To ensure that the community's recreation needs are provided for. This includes the provision of community facilities, such as indoor recreation and meeting centres, as well as active, and landscaped passive recreation areas. The extensive river environment bordering the site offers significant opportunities in this regard.

(iii) The provisions of commercial and shopping opportunities in accessible and compatible situa- tions. This includes the provision of a district shopping centre, local shopping areas, and at- tention to the creation of employment opportunities in close proximity to where people live.

(iv) The provision of a light industrial precinct in a land use compatible situation. This will involve encouragement of service sector employment and industry types, which minimises the potential for land use conflicts.

(V) The provision of inter-regional and sub-regional access via established major transport links. This will avoid significant environment and economic costs involved in the construction of an additional bridge over the Collie River. The establishment of a high standard public transport service will ensure ease of access to the district shopping centre, schools, recreation and jobs, from within the Precinct Area, and from nearby urban nodes such as Eaton and Australind.


(vi) The provision of an interim 400 metre buffer around the Australind Waste Water Treatment Plant located on Reserve 35061 Ditchingham Place. This recognises that the Plan is a non ultimate facility with a useful asset life projected to be a minimum of 10 years. The endorsed Structure Plan will provide for the staging of development in this area accordingly

PRECINCT AREA 3-TREENDALE Boundaries Starting from the Australind Bypass bridge to the south the boundary follows the Shire Boundary generally eastwards along the Collie River to the South Western Highway, then northwards to Raymond Road, then westwards along Raymond Road and Treendale Roads to the western boundary of Lot 878 as i t crosses Treendale Road, northwards to Waterloo Road, west along Waterloo Road to the western boundary of Lot 24, northwards along the western boundary of Lots 24,25 and 3, then east then north along the boundaries of Lot 1 to Clifton Road, east along Clifton Road to the first power lines, northwards along the power lines to the Brunswick River, westwards along the Brunswick River to the Australind Bypass and southwards to the Shire Boundary. The area is approximately 1,300 hectares and contains two sub areas (Area 3A and 3B). Precinct Policv Area Statements This Precinct Area is situated between future urban on the west, the "Intensive Farming" zone on the east and Kemerton on the north. It is a flat poorly drained Serpentine River soils and Bassendean Sands area and is generally unsuitable for agriculture landuses due to inappropriate soil types and proximity to the Collie River system. The area contains two sub areas (Area 3A and 3B), based on different land capabilities and constraints associated with each.

The area bounded by theAustralind Bypass to the west, Wellington Road to the north, Balaclava Road to the east and Raymond Road to the south (Precinct Area 3A) consists of flat, poorly drained Bassendean sands, with little agricultural potential. It is poor quality residential land, but due to the location will be in demand for Special Rural and possible future residential development in the long term. The area bounded by the Australind Bypass to the west, Raymond Road to the north, South Western Highway to the east and Collie River to the south (Precinct Area 3B) consists largely of seasonally inundated river flats and poorly drained Pinjarra soils over moderately deep clays. This area has limited production potential due to problems associated with its proximity to the Collie River. Precinct Area 3B shall be subject to a catchment management programme as nutrient run-off would need to be minimised or controlled, and horticultural usage would not be encouraged for this part of the Precinct Area. Any proposals for rural-residential development shall be so designed as to have regard for and not prejudice the future potential of those areas identified in the Bunbury-Wellington Re- gion Plan as being suitable for future residential development. The area of land between Raymond Road and Treendale Road is not considered to be suitable for special rural subdivision, due to significant unresolved agricultural and nutrient export issues associated with this portion of land. The subdivision of land within Precinct Area 3 should reflect the intentions of the Bunbury- Wellington Region Plan, where the area has been identified as having potential for future residential development. All rezonings for "Special Rural" zones shall comply with Clause 6.3 of the Scheme.

All subdivision for rural residential should be subject to the general provisions for the "Spe- cial Rural" zone provisions of the District Planning Scheme. All subdivisions for rural residential development should be subject to a structure plan. Part of the structure plan shall be a programme for the revegetation of the cleared parts of the Precinct Area. Precinct Area 3 is an exposed location and is traversed by the declared scenic routes nominated in the District Planning Scheme. Intensively planted buffers to a minimum width of 20 metres or such greater width necessary to obtain adequate screening should be maintained along the declared scenic routes and as a buffer to the Australind By-pass. The Precinct Area is largely cleared, and shall be subject to a strict revegetation programme requiring landowners to plant a minimum density of trees (specified by Council) capable of growing to at least 3 metres in height, within tree planting areas identified on the subdivision plan, prior to subdivision. The developer should be required to maintain these vegetated areas, and to replace any diseased or dead plants for a period of two years. A minimum of 50 metre subdivision setback for open space should be required from the banks of the Brunswick and Collie Rivers. Generally, development should be kept to the higher terrace of the flood plain of the Collie River and is subject to such development controls as the Council may deem necessary based on Water Authority of Western Australia recommenda- tions. No stock shall be permitted unless Agriculture WA has formally advised that i t is satisfied that the soil conditions and type of vegetation existing on a lot is capable of supporting such a use.


PRECINCT AREA 4-BRUNSWICK INTENSIVE FARMING AREA Boundaries On the south the boundary follows the boundary of Precinct Area 3 along Raymond and Treendale Roads. The other boundaries follow the line of the intensive farming zone on the District Scheme Map as far north as Mitchell Road, Benger. The area measures approximately 7,630 hectares. Precinct Policv Area Statements The area is very flat Guildford Formation soils virtually completely cleared for irrigated pasture. The areas of sparse remnant trees are generally located on poorer quality land that cannot be easily or productively irrigated.

With the exception of areas adjacent to Brunswick and Roelands townsites, no subdivision or rezoning for non productive rural residential or hobby farms should be permitted. All rezonings for Special Rural Zones shall comply with Clause 6.3 of the Scheme. The Brunswick River valley has considerable recreational and open space value. All subdivision and development should be set back a t least 50 metres from the banks. Revegetation and protection of the river bed and banks from stock should be encouraged.

PRECINCT AREA 5-BENGER SWAMP PRECINCT Boundaries The western boundary follows Campbell Road northwards to Mitchell Road then east to meet the western boundary of the intensive agricultural zone, then south along this boundary to Campbell Road. The area is approximately 1,730 hectares. Precinct Policv Area Statements The Precinct Area encompasses the landscape unit of the Benger Swamp. The swamp is a recognised waterbird habitat subject to Conservation and Land Management, Management Plan No. 7, as a nature reserve. The swamp is seasonal and can be used for agriculture during the summer to the extent that the use accords with the Conservation and Land Management, Management Plan No. 7.

The area would be appropriate for low intensity non commercial tourist andfor educational development as the swamp could become an important seasonal tourist attraction. No subdivision or ancillary commercial uses should be permitted in the area.

PRECINCT AREA 6-KEMERTON INDUSTRIAL PARK AREA AND BUFFERS Boundaries Starting at the intersection of the Australind By-pass and Wellington Road, the boundary follows the Australind By-pass and the Old Coast Road to Treasure Road, then due east to run along the northern boundary of Lot 3 Treasure Road to Mialla Road, then north along the western boundary of Lot 17 Mialla Road, then east along the southern boundary of Lot 42 Wellesley Road, and continuing east to Campbell Road, then southwards along the western boundaries of Policy Areas 5 and 4, to the northern boundary of Policy Area 3, then west to the starting point on the Australind By-pass. The area is approximately 8,000 hectares. Precinct Policv Area Statements- The Kemerton Industrial Park Policy Area is that area of land as defined in the Kemerton Industrial Park Policy Map forming part of the Scheme (Schedule 17). The purpose of establishing the Kemerton Industrial Park Policy Area is to provide a site for the development of a major heavy industrial park in the Bunbury Region of Western Australia. The overall objective of the Policy Area is to encourage the establishment of heavy industrial development a t Kemerton in a managed park which adheres to strict environmental criteria as specified and approved by the Environmental Protection Authority and as sanctioned by Council. The Kemerton Advisory Board will use the following general objectives to guide the development of Kemerton Industrial Park-

* The environmental impact of development at Kemerton Industrial Park should be held within levels accepted by the Minister for Environment, in accordance with the Environmental Pro- tection Act (1986). The social impacts and community needs arising from development a t Kemerton Industrial Park should be identified and addressed prior to industrial development. Industrial development at Kemerton Industrial Park should demonstrate that community benefits will accrue to the community a t the State and Regional level. The development and management of the park and industrial areas of Kemerton Industrial Park should be conducted in consultation with all affected parties (i.e. the local community, industry and Local and State Governments under the direction of the Kemerton Advisory Board).

Kemerton Industrial Park is divided into four separate Policy Areas. Each Policy Area has a number of Policy Statements relating to the permitted use and overall strategy for its future development. The following statements of planning, policy relate to the Policy Areas shown on the Kemerton Industrial Park Policy Map forming part of the Scheme. Heavv Industrv Policv Area

The predominant use within this area shall be reserved for major industry in accordance with Kemerton Industrial Parks designation as a location for the development of such industry, including resource-based industry.


Heavy industry proposals likely to have a significant impact on the environment shall be referred to the Environmental Protection Authority for environmental impact assessment. The further industrial developments in the area shall have regard for the established industry and the need to provide and maintain a high standard of landscaping in the amenity buffer within each site. Major industrial development shall be required to identify their social impacts and pressures on community facilities and services prior to that development occurring. Support industry shall only be permitted where appropriate. Residential development shall not be permitted.

Ancillarv Industry Policv Area The predominant use within this area shall be restricted to light and service industry which are associated with the industry located in the Heavy Industry Area. The industrial development of this area shall be accompanied by an appropriate road network and services, and shall accord as far as practical with the existing pattern of development. Residential development shall not be permitted.

Inter-Industrv Buffer Policv Area The predominant purpose for land within this area shall be to serve as a buffer between industry locating in the Heavy Industry Policy Area and the Ancillary Industry Policy Area. Following a programme of ongoing monitoring, where i t is demonstrated to the satisfaction of the Environmental Protection Authority that the risk associated with industry locating in the Heavy Industry Policy Area is such that reduction, or total deletion of the inter-industry buffer is warranted, the land within this area may be used for support industry purposes. Residential uses shall not be permitted.

PARKLAND BUFFER POLICY AREA The predominant purpose for land within this area shall be to serve as a parkland buffer between the industry contained within the Heavy Industry Policy Area and the surrounding land uses. In accordance with this primary purpose, provision shall be made to manage the native woodlands, parklands and wetlands for the conservation of flora and fauna, landscape amenity and (passive) public recreation. Industrial uses shall not be permitted, Rural uses may be permitted provided they are consistent with the primary purpose of the Policy Area and do not constrain industrial development in the Heavy Industrial Policy Area or the Ancillary Industry Policy Area. The clearing of trees and vegetation in this Policy Area will require the approval of the Kernerton Advisory Board. Existing residential use within this area may continue until such time as industrial development within the core area precludes such use. Further intensification of land uses and the subdivision of land shall not be permitted.

PRECINCT AREA 7-BINNINGUP RURAL Boundaries Starting a t the intersection of Old Coast Road and Treasure Road the boundary follows the alignment due west to the coast, then north along the coast to the southern boundary of Lot 36 Myalup to follow the southern side of Lake Preston foreshore, then southeast along the alignment of Road No. 968 to Myalup Beach Road, then east along Myalup Beach Road to the most westerly point of the State Forest, south then east along the State Forest boundary to Runnymede Road, south along Runnymede Road to Wellesley Road, then due west and south along the boundary of Precinct Area 6, to the starting point at the intersection of Treasure Road. The area measures approximately 3,400 hectares. Precinct Policv Area Statements This area provides the only window to the coast from the inland areas of the Shire and as such is a valuable resource. Over time there will be pressure for development and subdivision which should be towards the highest and best use namely tourism and such uses that will preserve public access.

Council controls beach access which should be restricted to more stable areas and be subject to management and policing in consultation with the Department of Conservation and Land Management. Although the western part of this Precinct Area between Myalup and Binningup may be regarded as high quality land for special rural zones, especially those parts that have significant stands of remnant vegetation closer to the coast, no change of zoning or subdivision for rural residential purposes should be permitted. This coastal strip of land is on the Quindalup soil association and has only marginal suitability for agriculture. It should be held in reserve as rural land pending the growth in demand for tourist and similar developments. All proposals for development of this coastal strip should be subject to detailed environmental impact assessments and management plans. No subdivision or development should be permitted on the fragile fore dunes. Ground water resources in this area are generally fully committed and there is no potential for further horticultural special rural zones for the foreseeable future. Close to the coast the ground water is too saline for domestic purposes.


The remainder of the Precinct Area further east should be retained as a landscape protection area. No further subdivision not related to a rationalisation of broadacre agricultural holdings should be permitted. The revegetation and reinstatement of the Myalup swamp should be encouraged. Development of Lot 698 Lake Preston Road, Myalup, shall only be permitted on the existing 40 purple title lots. Development shall be restricted to one dwelling per lot, and subject to an Application For Planning Consent being approved by Council. Apart from the areas of expansion of Binningup contemplated in Planning Scheme No. 12, there should be no further urban expansion in the Precinct Area.

PRECINCT AREA 8-RUNNYMEDE Boundaries Starting at the north west corner of Lot 11 Boonilup Road, and running east for 2kms. Then, directly south to the eastern boundary of Pt Lot 5 then west to the north west corner of Lot 500 Rhodes Road, then south to connect with Rhodes Road, west along the southern boundaries of Lots 43 and 42 Wellesley Road and Lot 122 Old Coast Road. Then north along Old Coast Road to a point 500m north of the intersection with Wellesley Road, then directly east along the northern boundary of Lot 10 Wellesley Road, then directly north along Runnymede Road to the starting point. Precinct Policv Area Statements The area is generally well vegetated with good stands of woodland. Most of the area is well drained, but parts in the east are low lying and swamp prone. The vegetated areas are generally suited to special rural zone subdivision for rural residential retreat purposes. The country is light sandy soils liable to erosion from stock. The western part of the area is on Spearwood association soils and ground water quality and availabil- ity for domestic purposes is good. This is limited to 1,500 cubic metres per year per lot. Ground water in the eastern part of the Precinct Area is plentiful but subject to much higher salinities.

All land within the Precinct Area will remain zoned as "General Farming" until- (a) The findings of a high level study on the prospect of extending Kemerton Industrial Park,

incorporating a deep water port, can be presented to Council.

PRECINCT AREA 9-WELLESLEY NORTH Boundaries The starting point is the south east corner of Pt. Lot 5 Wellesley Road, then north along the eastern boundary of Precinct Area 8, to the southern boundary of the State Forest No. 16, then generally eastwards along the boundary of the "Intensive Farming" zone as shown on the District Planning Scheme, then generally south east along this zone boundary to the intersection of Campbell Road, then generally south west to the intersection of the main alignment of Arthur Road and Campbell Road, then west along the northern boundary of Precinct Area 6 to the starting point. The area measures approximately 2,400 hectares. Precinct Policv Area Statements This Precinct Area is generally made up of low lying, swamp prone area in swales between low Bassendean dunes leading to very flat swampy Serpentine River soils. The natural drainage has been substantially altered, wetlands have been drained and the area has been substantially cleared as summer grazing.

This interference has caused the onset of potential leached phosphate ground water pollution and soil degradation problems. It is an area that requires remedial conservation agricultural practices. It is desirable that much of the area be replanted with trees. Those wetlands that have not already been cleared and drained and still retain their perimeter vegetation are considered most important environmental conservation areas. Further draining andlor clearing of swamps and wetlands should be discouraged. The area is not suited to intensive land uses and should be retained in broad acre holdings. The few remaining vegetated dunes should not be further subdivided for special rural zones as they are environmentally fragile and subject to erosion. This would aggravate the situation. Ground water has generally higher salinity levels not suitable for consumption although tol- erated by sheep. Water is not suitable for irrigation purposes. Land improvement by limiting land use intensity should be the main policy for this area. Approval has been granted by the Environmental Protection Authority for the extraction of silica sands from a large area of land within this Precinct Area.

PRECINCT AREA 10-PRESTON COASTAL STRIP Boundaries The area is bounded by the coast on the west, the Shire boundary on the north, the Yalgorup National Park on the east (Lake Preston) and the southern boundary of Lot 36 Myalup on the south. The area measures approximately 2,070 hectares. Precinct Policv Area Statements

This area should be retained as a low intensity rural land use area in broad acre holdings. Its limited access, fragile soils, and proximity to Lake Preston which is vulnerable to pollution and foreshore degradation requires that i t be conservatively managed.


The area is not suitable for rural residential purposes. For these reasons it is a natural area to be considered for the future extension of Yalgorup National Park which adjoins it. At the same time the area has a high amenity value and would be suitable for low intensity non-commercial tourist and recreational use. Such uses would require comprehensive environmental impact statements and management plans prior to receiving approval. Council controls beach access. Such access should be restricted to the more stable areas and be subject to management and policing in consultation with the Department of Conservation and Land Management.

PRECINCT AREA 11-YALGORUP NATIONAL PARK Boundaries The boundaries are as defined on the District Scheme Map but including Lots 1151,1195 and 1194 which otherwise jut into the Park. Precinct Policv Area Statements

The Park has high amenity value for both conservation and recreational use. Lake Preston, in particular has the potential for active and passive recreation. Because the boundaries of the park include Lake Preston and not the adjacent shore, any development of tourist/recreational facilities should be subject to environmental impact assessments and management plans. Any further such development along the foreshore shall be subject to the surrender of a minimum 100 metre wide foreshore reserve to be zoned "Recrea- tion" and "Conservation". The use of the Lake and peripheral areas for recreation should also be subject to flexible management and control by the Department of Conservation and Land Management to accommodate seasonal fluctuations in water level, or fluctuations due to drought or exceptional heavy rains.

PRECINCT AREA 12-NORTHERN LAKELANDS AREA Boundaries The area is bounded on the west and north by the Yalgorup National Park and the Shire boundary, on the east by the State Forest No. 16 and on the south by Myalup Beach Road and the alignment of Road No. 968. The area measures approximately 6,000 hectares. Precinct Policv Area Statements

The area should be a landscape protection area. It is predominantly parkland cleared and has an open park like rural character. It is mostly used for grazing and is held in broadacre lots. The ground water resources for irrigation in the area are fully committed but some rationalisation of the irrigated areas away from the concentrated pattern of fairly large irrigated areas to small horticultural zones may be possible. This would achieve a more even ground water extraction. The combination of high landscape value, good grazing and agricultural potential make this land too valuable for subdivision for rural residentiallhobby farms. It is also relatively isolated from service centres. No rezoning or subdivision for non-agricultural purposes should be permitted. Specific foreshore areas along Lake Preston have been identified (in the Lakelands Study 1984) as having potential for tourist/recreational developments. Such developments should be subject to environmental impact assessments and management plans.

PRECINCT AREA 13-STATE FOREST NO. 16 Boundaries The boundaries for this Precinct Area are as defined for State Forest purposes on the Scheme Map. The area measures approximately 6,060 hectares. It includes the nature Reserve on Reserve No. 24472 on the southern side of Crampton Road. Precinct Policv Area Statements This Precinct Area is administered by the Department of Conservation and Land Management. The forests have considerable potential for recreational/educational activities. The forest is subject to ongoing management, development and conservation by the Department of Conservation and Land Management.

PRECINCT AREA 14-CRAMPTON ROAD CENTRAL Boundaries The area is bounded on the south and west by State Forest No. 16, on the north by a line as depicted on Overlay 2 to the Land Use and Characteristics Map as being the Peel Harvey Catchment boundary and on the east by the boundary of the "Intensive Farming" zone as depicted on the District Scheme Map. The area measures approximately 3,670 hectares.

12 November 19961 GOVERNMENT GAZETTE, WA 642 1

Precinct Policv Area Statements The Precinct Area has two sub areas- The north western wart is a small enclave bounded on three sides by State Forest No. 16. It is predominantly well wooded and on better drained Spearwood and Bassendean sands. Ground water supply is good and although some areas have higher salinity the quality is generally suitable for domestic use.

The introduction of rural residential development in this enclave would increase the fire hazard to the adjoining pine plantations in the State Forest. The area is therefore not considered, suitable for special rural zones unless it can be demonstrated to the satisfaction of the Depart- ment of Conservation and Land Management that fire will not be any more of a risk than it is now.

The eastern and southern wart of the Precinct Area is similar to Precinct Area No. 9. Most of the area is low lying between low Bassendean dunes and swamp prone land. The natural drainage of the area has been substantially modified and swamps drained for summer grazing. The agriculturallgrazing potential of this area is poor and land uses should remain extensive. The area has also been substantially cleared and is prone to phosphate and ground water pollution problems.

Those wetlands that remain in tact with perimeter vegetation are considered environmentally important. Further drainage of wetlands should be discouraged. Ground water salinity is generally too high for domestic or stock purposes, except sheep, and too high for irrigation. The eastern part of the Precinct Area is not generally suitable for special rural zones. Minor expansion of the existing Special Rural zones south of Forestry Road, may be considered by Council.

PRECINCT AREA 15-SOUTH HARVEY INTENSIVE FARMING AREA Boundaries The area is comprised of the "Intensive Farming" zone north of Mitchell Road, Benger, and south of the Peel Harvey Catchment boundary as depicted on the rural strategy Map. The area measures approximately 8,090 hectares. Precinct Policv Area Statements The Precinct Area is mostly located on Guildford formation soils. These are very flat gravelly clay type loams. it is predominantly cleared irrigated pasture used for dairy and beef cattle. The Precinct Area around Harvey includes Dardanup loans which are the best agricultural soils in the region. The Precinct Area is not in the Peel Harvey Catchment area and therefore the areas covered by these soils have the best potential for horticultural development. The concentration of intensive agriculture/horticulture on the Dardanup loams in this Precinct Area will depend on the rationalisation of water resources from less productive pastures. This process is likely to take some time and is dependent on a change to current legislation to allow the alienation and concentration of water rights.

Much of the area of Dardanup loams is already subdivided down to four hectares. The remaining areas should therefore be protected from alienation from agriculture in anticipation of these future trends.

The Department of Agriculture is currently undertaking a detailed assessment of soils capability for agriculture. The outcome of this work could mean a change in policy whereby those parts of the current "Intensive Farming" zone less productive could be considered for other purposes. The western part of this Precinct Area is subject to salinity problems that will ultimately require remedial measures. Re-planting of trees should be encouraged.

Until such time as these issues have been resolved no subdivision for non agricultural purposes should be permitted.

PRECINCT AREA 16-HARVEY NORTH INTENSIVE FARMING AREA Boundaries Starting at the Harvey River bridge on the South Western Highway, the boundary follows the Peel Harvey Catchment boundary as depicted on overlay 2 to the Land Use and Characteristics Map to the western boundary of the "Intensive Farming" zone, then northwards and eastwards along the zone boundary to Thompson Road, then east along Thompson Road to the South Western Highway, then south along the Highway to the starting point at the Harvey River bridge. The area measures approximately 3,715 hectares. Precinct Policv Area Statements The area is predominantly cleared very flat Guildford Formation and Dardanup Loam soils. The Guild- ford Formation soils are predominantly used for irrigated pasture while the Dardanup loams in this area are used for a combination of orange orchards, some horticulture but mainly irrigated pasture. These uses are likely to continue.

This area is within the Peel Harvey Inlet Catchment and requires special consideration in terms of the Interim Catchment Policies. (See Section 8.5, and any developments are to be assessed, taking into consideration environmental advice provided by the Environmental Pro- tection Authority and Agriculture Western Australia, prior to Council consent. As with Precinct Area 15, this area is subject to a detailed soils capability analysis by Agricul- ture WA and could undergo a land uselwater use rationalisation in time. Until these issues are fully understood, no subdivision for non agricultural purposes should be permitted.


Prior to Council considering a rezoning or subdivision application the applicant shall provide, where applicable, sufficient advice as to the existence of any natural resources.

PRECINCT AREA 17-HARVEY RIVER NORTH PRECINCT Boundaries The area is bounded on the south by the Peel Harvey Catchment boundary as depicted on Overlay 2 to the Land use and Characteristics Map, on the west by State Forest No. 16, on the north, by the Shire boundary and on the east by the western boundary of the "Intensive Farming" zone as depicted on the District Scheme Map. The area measures approximately 8,010 hectares. Precinct Policv Area Statements The area is part of the Guildford Formation soils. It is predominantly cleared and very flat. It is used mostly for irrigated pasture. The western part is subject to salinity problems.

Tree planting on a large scale should be encouraged on those areas of land not irrigated or used for pasture. In line with statements for Precinct Areas 15 and 16 no subdivision for non agricultural purposes should be permitted until such time as the implications of the current Department of Agriculture land capability study are fully understood. Any development within this area will require Environmental Protection Authority and De- partment of Agriculture approval prior to Council consent in accordance with Section 8.5 of the Town Planning Scheme.

PRECINCT AREA 18-COOKERNUP-YARLOOP RURAL Boundaries The area is bounded by Thompson Road on the south, the boundary of the "Intensive Farming" zone on the west, the Shire boundary on the north, the South Western Highway and the eastern edge of the Wagerup townsite, to the east. The area measures approximately 4,375 hectares. Precinct Policv Area Statements The area is in the Peel Harvey Inlet Catchment and subject to the policies described in Section 8.5.

Suitable areas for Special Rural subdivision have been identified as immediately adjacent to the existing townsites. Social facilities, shops, schools, hospitals, etc, are nearby a t Harvey and are serviced by the local school bus service. The area south of Clifton Road and north of Thompson Road has significant potential for horticultural development according to Depart- ment of Agriculture land capability data, and any Special Rural subdivision proposal for this area should reflect this in its design by creating larger lots suitable for horticultural pursuits to the satisfaction of Council and Agriculture WA. All rezonings for Special Rural zones shall comply with Clause 6.3 of the Scheme. The areas east of the railway consist of gravelly loam soils more resistant to erosion and suitable for minor stock holding. The areas west of the railway are not suitable for special rural zone subdivision. The area is predominantly cleared and used as irrigated pasture. The replanting of trees on a large scale should be encouraged. Prior to Council considering a rezoning or subdivision application the applicant shall provide, where applicable, sufficient advice as to the existence of any natural resources.

PRECINCT AREA 19-NORTHERN FOOTHILLS LANDSCAPE UNIT-DARLING SCARP Boundaries The area is bounded on the south by the Harvey-Quindanning Road, on the west by the South Western Highway, on the north by the Shire boundary and on the east by the boundaries of State Forests No. 14 and No. 15. The area measures approximately 5,100 hectares. Precinct Policv Area Statements The western part of the Precinct Area is the Darling foothills, recommended for protection in the System 6 Study The whole Policy Area should be considered a landscape protection area. The area is mostly parkland cleared and used for winter grazing. This winter grazing is a most important comple- mentary use to the irrigated pasture in the "Intensive Farming" zone. The Precinct Area is made up of two sub-areas- The western art, as depicted on the Rural Strategy Policy Map is that area which is visible from the South Western Highway.

All development should be kept to a minimum on these exposed slopes. With the exception of the Warawarrup Special Residential Zone which is suitable for minor expansion according to demand, special rural subdivision is not appropriate. The eastern "inner" art of the Precinct Area away from South Western Highway may be suitable for isolated small special rural "retreat" zones subject to the area being substantially vegetated and subject to satisfactory access arrangements. The area is relatively isolated and houses will be dependent on rainwater tanks for water supply. The area is not suitable for permanent residence and would remain a weekend retreat style development.


Although this is not a high priority area it could provide for alternative types of development and landuse, and should be considered in the short to medium term. In any event only one or two small special rural zones may be permitted on uncleared property closer to Logue Brook Dam so as not to diminish the grazing potential of the area.

Prior to Council considering a rezoning or subdivision application the applicant shall provide, where applicable, sufficient advice as to the existence of any natural resources.

PRECINCT AREA 20-EAST HARVEY ENVIRONS Boundaries The area is bounded by Harvey-Quindanning Road on the north, the eastern boundaries of Lots 57 and 9 on the east, the northern boundary of Lot 4 Logue Road and Logue Road on the south and the South Western Highway on the west. The area measures approximately 750 hectares.

Precinct Policv Area Statements This area is considered a priority area for Residential, Special Residential and Special Rural development. It is relatively close to the centre of Harvey, and all social facilities and essential services are readily available. Most of the area is very well vegetated, and not visible from the South Western Highway or other scenic routes.

All subdivision for Residential and Special Residential development shall comply with the approved structure plan adopted by Council. All rezonings for Special Rural zones shall comply with Clause 6.3 of the Scheme. Developments can and should be serviced with reticulated water from Harvey, because it is likely that most occupants will be permanent residents. For subdivisions not requiring connection to reticulated sewerage, Council may require the use of alternative wastewater systems. No trees shall be removed without the prior consent of Council, and where appropriate, building envelopes are to be specified in a manner that minimises the need to remove existing trees. Cleared areas shall be subject to a revegetation programme, requiring landowners to plan a minimum density of trees specified by Council capable of growing to a t least 3 metres, within tree planting areas identified on the subdivision plan, prior to subdivision.

PRECINCT AREA 21-HARVEY WEIRIQUINDANNING ROAD AREA Boundaries The area comprises the privately owned land east of the Harvey townsite. It is bounded on the west by the eastern boundaries of Lots 57 and 9 (the same as for Precinct Area 20) and then by the southern boundaries of Lots 30 and 29 Quindanning Road. Thereafter the boundary of the Precinct Area on the south, east and north is the boundary of State Forest No. 15. The area measures approximately 4,300 hectares. Precinct Policv Area Statements This area is predominantly cleared or parkland cleared and used for winter grazing.

It should be retained as a predominantly rural area for this important use. No subdivision or zoning for non-agricultural purposes should be permitted.

PRECINCT AREA 22-SOUTHERN FOOTHILLS LANDSCAPE UNIT Boundaries The area is bounded by the South Western Highway on the west, Logue Road on the north and a line taken along the crests of ridges and hills assessed as being the extent of the visible slopes from South Western Highway The area measures approximately 3,950 hectares.

Precinct Policv Area Statements This area is a priority landscape protection area recommended for protection in the System 6 Study. The topography in places is steep with slopes exceeding 30%. At present i t is cleared or parkland cleared and is used for winter refuge grazing.


There are a noticeable amount of buildings in exposed locations on hill tops and skylines located to take advantage of the views across the coastal plain. However, if the trend continues the increased number of buildings will detract from the hills landscape as seen from the South Western Highway.

This trend should be discouraged. Where existing houses are in exposed locations owners should be encouraged to introduce partial screening of the building by planting. Prior to Council considering a rezoning or subdivision application the applicant shall provide, where applicable, sufficient advice as to the existence of any natural resources.


PRECINCT AREA 23-COALFIELDS ROAD LANDSCAPE UNIT AND SOUTHERN COLLIE RIVER SPUR

Boundaries

The area is bounded on the west by the South Western Highway, on the north by a line taken along the crests of ridges and hills assessed as being the limit of visibility from Coalfields Road, and on the east and south by the Shire boundary. The area measures approximately 6,330 hectares.

Precinct Policv Area Statements

The Coalfields Road rises from the coastal plan to a high point in the scarp from which there are wide ranging views across the hills and the coastal plain. This makes the route an important scenic route and similar considerations apply as for Precinct Area 22. It is also important for winter refuge grazing.


Areas visible from Coalfields Road are not generally considered suitable for special rural zone development.

There is however potential for a tourist development to take advantage of the magnificent view from a plateau area on the northern side of Coalfields Road on Lot Pt. 21. The area is on an elevated spur but screened from the road by remnant vegetation.

PRECINCT AREA 24-INNER HILLS AREA

Boundaries

The inner hills area is taken as the area not visible from the South Western Highway or Coalfields Road as far east as the boundary of State Forest No. 15. The area measures approximately 9,490 hectares.


This area of rolling topography is predominantly cleared or parkland cleared. It is used mostly for winter grazing.

Limited opportunities for one or two small special rural zones for "weekend rural retreat" type development may be appropriate in unexposed locations with good tree cover. Water supply is limited to rainwater tanks. The area is relatively isolated from schools and other social services.

All rezonings for Special Rural zones shall comply with Clause 6.3 of the Scheme.

Development should be kept away from hilltops, ridges or other skylines where the visual impact is greatest.

This area is not considered a priority area for special rural zones. Proposals should be subject to detailed landscape protection assessments. No subdivision of cleared areas should be permitted until such time as the intended area has been replanted and trees have reached a minimum average height of 3 metres. This requires about a three year lead time for planting subject to good husbandry of the new trees.

Aside from the minor development opportunities for subdivision discussed above, the area should be retained as a broadacre winter refuge grazing area. No subdivision or zoning for non-agricultural purposes should be permitted.

Replanting of all the cleared areas should be encouraged.

PRECINCT AREA 25-DARLING PLATEAU STATE FORESTS NO. 14 AND NO. 15

Boundaries

The boundaries are those of State Forests No. 14 and No. 15 that fall within the Shire of Harvey. The area measures approximately 64,300 hectares.


The area is administered by the Department of Conservation and Land Management who have policies to progressively develop recreational Opportunities in the area particularly around dams and the Harvey River Valley.

The escarpment area is an especially important scenic attraction area and views from the scarp are as important as view of the scarp. Boundary Road is a popular scenic drive providing panoramic views across the coastal plain. It is important therefore that no development on the plain particularly around the Wagerup area be permitted that would unduly impinge on this view.

12 November l9961 GOVERNMENT GAZETTE, WA 6425

SCHEDULE 14A-PLANNING PRECINCT POLICY AREA BOUNDARIES

SCHEDULE 15-CONTROL OF ADVERTISEMENTS

ADDITIONAL INFORMATION SHEET FOR ADVERTISEMENT APPROVAL (to be completed in addition to Application for Approval to Commence Development Form 1)

1. Name of Advertiser (if different from owner)- ......................................................................................................................................................................... 2. Address in full- ......................................................................................................................................................................... 3. Description of Property upon which advertisement is to be displayed including full details of its proposed position within that property-

......................................................................................................................................................................... 4. Details of Proposed Sign- Height: ....................................... Width: ................................. Depth: .................................................... Colours to be used: ........................................................................................................................................


Height above ground level- To top of Advertisement: ....................................................................................................................... To Underside: .................... ........ ...................................................................................................

Illuminated: YesiNo (if yes, state whether steady, moving, flashing, alternating, digital, animated or scintillating etc): ................... ... ................................................................................................................ If yes, state intensity of light source: .......................................................................................................... 5. State period of time for which advertisement is required: ....................... .... ................................... 6. Details of signs, if any, to be removed if this application is approved ..................................................

NB Application should be supported by a photograph or photographs of the premises showing super- imposed thereon the proposed position for the advertisement and those advertisements to be removed detailed in 6 above. signature of Advertiser(s): ............................................................................................................................ (if different from landowners) Date: ..................... .. .................

SCHEDULE 16-EXEMPTED ADVERTISEMENTS Pursuant to Clause 9.10.5

LAND USE ANDIOR EXEMPTED SIGN TYPE AND NUMBER (Includes the MAXIMUM AREA OF DEVELOPMENT change of posters on poster signs and applies to EXEMPTED SIGN REQUIRING non-illuminated signs unless otherwise stated) ADVERTISEMENT

Dwellings Home Occupation

Places of Worship, Meeting Halls and Places of Public AssemblyCinemas, Theatres and Drive-In Theatres Shops, Showrooms and other uses appropriate to a Shopping Area

Industrial and Warehouse Premises

Showroom, race courses, major racing tracks, sports stadia, major sporting grounds and complexes Public Places and Reserves

Railway Property and Reserves

One professional name-plate as appropriate. One advertisement describing the nature of the home occupation. One advertisement detailing the function andor the activities of the institution concerned. Two signs (illuminated or non-illuminated) detailing the entertainment being presented from time to time at the venue upon which the signs are displayed. All advertisements affixed to the building below the top of the awning or, in the absence of an awning, below a line measured at 5 metres from the ground floor level of the building subject to compliance with the requirements of the Signs Hoarding and Bill Posting Bylaws. A maximum of 4 advertisements applied to or affixed to the walls of the building but not including signs which project above the eaves or the ridge of the roof of the building, and excluding signs projected from a building whether or not those signs are connected to a pole, wall or other building. A maximum of two free-standing advertisement signs not exceeding 5m in height above ground level.

All signs provided that, in each case, the advertisement is not visible from outside the complex or facility concerned either from other private land or from public places and streets.

Advertisement signs (illuminated and non-illuminated) relating to the functions of novernment. a oublic authorZy or Council or a mkicipality excfuding those of a oromotional nature constructed or exhibited bv. or on behalf of any such body; Advertisement signs (illuminated and non-illuminated) required for the management or control of traffic on any public road, carpark, cycleway, railway or waterway where such advertisement has been constructed or exhibited by or at the direction of a Government

department, public authority or the Council of a municipality; and

Each advertisement sign not to exceed 5m2. N/A

Total area of any such advertisements shall not exceed 15m2

Maximum permissible total area shall not exceed 10m2. N/A

Advertisement signs (illuminated and non-illuminated) required to be exhibited by or pursuant to any statute or regulation or the like made pursuant to powers contained within a Statute provided that any such advertisement is constructed andlor exhibited strictly in accordance with the requirements specified therein. N/A

Advertisement signs exhibited on such land provided that No sign shall exceed each advertisement is directed only a t persons a t or upon 2m2 in area. a railway station.


LAND USE ANDIOR EXEMPTED SIGN TYPE AND NUMBER (Includes the MAXIMUM AREA OF DEVELOPMENT change of posters on poster signs and applies to EXEMPTED SIGN REQUIRING non-illuminated signs unless otherwise stated) ADVERTISEMENT

Advertisements within All advertisements placed or displayed within buildings N/A Buildings which cannot ordinarily be seen by a person outside of

those buildings. All classes of buildings One advertisement sign containing the name, number 0.2mZ other than single family and address of the building, the purpose for which the dwellings building is used or the name and address of the managing

agent thereof.

EXEMPTED SIGN TYPE AND NUMBER MAXIMUM AREA OF TEMPORARY SIGNS (All non-illuminated unless otherwise stated) EXEMPTED SIGN

Building Construction Sites (advertisement signs displayed only for the duration of the construction as follows- i) Dwellings One Advertisement per street frontage containing details

of the project and the contractors undertaking the construction work.

ii) Multiple Dwellings, One sign as for (i) above. Shops, Commercial and Industrial projects

iii) Large Development or One sign as for (i) above. redevelopment projects involving shopping centres, office or other buildings exceeding 3 storeys in height.

Sales of Goods or Livestock One additional sign showing the name of the project builder.

Property Transactions One sign per lot displayed for a period not exceeding 3 months advertising the sale of goods or livestock upon any land or within any building upon which the sign is exhibited provided that the land is not normally used for that purpose.

Advertisement signs displayed for the duration of the period over which property transactions are offered and negotiated as follows- a) Dwellings One sign per street frontage for each property relating to

the sale, leasing or impending auction of the property at or upon which the sign is or the signs are displayed.

b) Multiple Dwellings, One sign as for (a) above. Shops, Commercial and Industrial Properties

C) Large properties One sign as for (a) above. comprised of shopping centres, buildings in excess of four storeys and rural properties in excess of 5ha.

Display Homes Advertisement signs i) One sign for each dwelling on display displayed for the period over ii) In addition to (i) above one sign for each group of which homes are on display dwellings by a single project builder giving details of for public inspection the project building company and details of the project

building company and details of the range of dwellings on display.

Each sign shall not exceed an area of 2m2.



LESSEE Harvey Shire Harvey Shire Water Authority of WA WA Livestock

Salesmens Association Harvey Shire Cesare A Harvey Shire Harvey Shire Murnieks K

SCHEDULE 17-WESTRAIL LEASES

LOCATION Yarloop Yarloop Cookernup Warawarrup

Harvey Harvey Harvey Harvey Harvey

PURPOSE Beautification Loading Ramp Irrigation Channel Site for Cattle Yard

Community Purposes Cultivation Shire Depot Storage Residence

AREA 1.4697ha 110.00m2

1060.00m2 350.00m2

GOVERNMENT GAZETTE. WA U2 November 1996

Harvey Shire Harvey Shire Okulewicz J WA Livestock

Salesmens Association Catalano C Fitzpatrick & Williamson Harvey Shire Westralian Farmers Pty Ltd Frisina M & A Fry J G Anderson GP Harvey Shire Barton KB & BB Hosford KG

Harvey Brunswick Junction Brunswick Junction Brunswick Junction

Brunswick Junction Brunswick Junction Brunswick Junction Brunswick Junction Brunswick Junction Brunswick Junction Roelands Roelands Beela Wokalup

Museum, Beautification, Parking 3765m2 Roadway 2053.00m2 Residence 904.00m2 Stock Sale Yards 2.3724ha

Residence 665.00m2 Residence 1005.00m2 Beautification 7934.00m2 Sale Yards 3360.00m2 Residence 726.00m2 Access Road 1.00m2 Residence 2023.00m2 Beautification 7500.00m2 GrazingICultivation 9821.00m2 Service Station/Roadhouse/ Parking3 143.00m2

SCHEDULE 18-KEMERTON INDUSTRIAL PARK


SCHEDULE 19-ADDITIONAL REQUIREMENTS-RESIDENTIAL DEVELOPMENT ZONE Clause 6.7 applies. Area 1: Leschenault Estate The area shown on the Scheme Map bounded by the Brunswick River, Australind By-pass and Clifton Close, Australind.

1. Subdivision and Development Criteria for land designated in the approved Structure Plan as "Spe- cial Rural".

(a) Subdivision shall be carried out generally in accordance with the approved structure plan adopted by Council and the Western Australian Planning Commission.

(b) A minimum lot size of 0.6 hectares shall apply. (C) Residential development shall not be permitted unless the lot is fully connected to reticulated

sewers. (d) All building envelopes shall be above the 1:100 year flood level shown on the approved struc-

ture plan. (e) All buildings shall be set back a minimum of 5 metres from the side boundaries and 10 metres

from the street frontage. (0 No dwelling house, outbuildings, or structure shall be constructed unless it is within the building

envelope defined on an approved subdivisional development plan. (g) Fencing within the area shall retain the rural character of the area and the use of fibro ce-

ment, metal sheeting or wooden pickets as boundary fencing is prohibited. (h) Council shall a t the time of subdivision approval, require the planting and maintenance of the

equivalent of 100 trees per hectare capable of growing to 3 metres in height on the lots. Revegetation shall be to the satisfaction of Agriculture WA, Leschenault Inlet Management Authority and Council.

(i) The developer is required to maintain the revegetated areas and replace any dead plants for a period of 2 years, from the date of planting, or until the date of the sale of the land, whichever is the lesser. Council shall not consent to the agistment or stabling of more than one horse or the like.

(k) Future owners of the lots shall be required to maintain the planting. 2. Subdivision and Development Criteria for land designated in the approved Structure Plan as Spe- cial Residential.

(a) Development shall comply with the R5 Residential Density Code. (b) Subdivision shall be carried out generally in accordance with the approved Structure Plan

adopted by Council and the Western Australian Planning Commission. (C) A minimum lot size of 0.2 hectares shall apply. (d) Residential development shall not be permitted unless the lot is fully connected to reticulated

sewers. (e) All buildings shall be set back a minimum of 5 metres from the side boundaries, and 10 me-

tres from the street. (0 No clearing shall be permitted within a 50 metre buffer measured from the Australind By-

pass Reserve. (g) Planting and maintenance of the equivalent of 100 trees per hectare capable of growing to 3

metres in height shall be carried out at the time of subdivision approval, to the satisfaction of Agriculture WA and Council.

(h) The developer is required to maintain the vegetated areas and replace any dead plants for a period of 2 years from the date of planting or until the date of sale of the land, whichever is the lesser.

(i) Future owners of the lots shall be required to maintain the planting. 3. Subdivisional and Development Criteria: General

(a) A Shopping Centre having a retail GLA floorspace of 3,000m may be constructed on the proposed Neighbourhood Shopping Centre site, as shown on the approved outline Development Plan, subject to the development conforming to all relevant Council statutory requirements and policies. The floorspace limitation- (i) does not include service station, fast food and other non-retail floorspace which may be

required; and (ii) approval of up to 4, 500m2 GLA may be considered if justified in an approved Commercial

Strategy. (b) The developer, as a condition of rezoning, is required to enter in to a legal agreement with the

Council to contribute towards (on a proportional basis) the cost of the construction of a bridge over the Collie River and associated roads and District Distributor roads, as required by Council, including Council's administration costs, on condition that funds or bank guarantee so paid or given by the developer, a t the subdivision clearance stage (but prior to the finalisation of a Scheme Amendment introducing appropriate contribution provisions for these works into the Scheme) shall be held in trust by Council pending the finalisation of that further Amendment to the Scheme.


14. ADOPTION Adopted by Resolution of the Council of the Shire of Harvey a t the Special Meeting of the Council held on 18th December, 1993. Dated 15 August 1996.

J. L. SABOURNE, Shire President. K. J. LEECE, Shire Clerk.

FINAL APPROVAL 1. Adopted by Resolution of the Council of the Shire of Harvey a t the Special Meeting of the Council held on the 13th day of March, 1995, and the seal of the Municipality was pursuant to that Resolution hereunto affixed in the presence of-

J. L. SABOURNE, Shire President. K. J. LEECE, Shire Clerk.

This Scheme Text is to be read in conjunction with the approved maps of the Scheme described in Clause 1.4 of this Scheme and to which formal approval was given by the Hon Minister for Planning on the date shown below. 2. Recommended/submitted for final approval by the Western Australian Planning Commission. Dated 3 September 1996.

M. SCHRAMM, Chairman, For Western Australian Planning Commission.

3. Final approval granted. Dated 24 September 1996.

RICHARD LEWIS, Hon Minister for Planning.

PR401 APPOINTMENT OF DEPUTY OF THE GOVERNOR

It is hereby notified for public information that His Excellency the Governor, under clause XVI of the Letters Patent relating to the Office of Governor of the State of Western Australia dated 14 February 1986, has appointed the Lieutenant-Governor, the Honourable David Kingsley Malcolm AC, to be the deputy of the Governor and in that capacity to perform and exercise all the powers and functions of the Governor for the following period (both dates inclusive)-

18 November to 2 December 1996

M. C. WAUCHOPE, Chief Executive.

NAVIGABLE WATERS REGULATIONS PROHIBITED SWIMMING AREAS

Department of Transport, Fremantle, 12 November 1996.

Acting pursuant to the powers conferred by Regulation 10A(b) of the Navigable Waters Regulations, the Department of Transport, by this notice defines and sets aside the following area of navigable water as an area where swimming is prohibited. Palm Beach Boat Ramps: All those waters within a 70 metre radius from a central point between the two boat ramps.

CHRISTOPHER ROBERT WHITAKER, Director General of Transport.


TR402 NAVIGABLE WATERS REGULATIONS

PERSONAL POWERED WATERCRAFT (JET SKI) Department of Transport,

Fremantle, 12 November 1996. Acting pursuant to the powers conferred under Regulation 48A(l)(b) of the Navigable Waters Regula- tions the Department of Transport declares the following area of navigable water as a Personal Pow- ered Watercraft (Jet Ski) Course and as such shall be for the exclusive use by Personal Powered Water- craft (Jet Ski) only Mangles Bay All those waters of Mangles Bay contained within an area from a point on the foreshore 75 metres east of the Garden Island Causeway, thence on an imaginary line drawn a t 015 degrees true for 600 metres, thence at 090 degrees true for 150 metres, thence a t 195 degrees true to the shore. The take-off and landing area extremities shall be marked by signs on the foreshore.


TR403 SHIPPING AND PILOTAGE ACT 1967

APPOINTMENT OF HARBOUR MASTERS Department of Transport,

Fremantle WA, 12 November 1996. It is hereby notified that on the 22 October 1996 His Excellency the Governor in Executive Council approved in accordance with section 4 of the Shipping and Pilotage Act 1967-

Cancellations The cancellation of the appointment of Eric Laurance Barron as a Harbour Master for the Ports of Broome and Wyndham. The cancellation of the appointment of Patrick John Markham Evelegh as a Relieving Harbour Master for all Department Ports. The cancellation of the appointment of Brian John Dunstan Digby as a Pilot for the Port of Broome.

Appointments The appointment of Gary Mark Stephen Zupan as a Harbour Master for the Port of Wyndham. The appointment of Paul Wheatley as a Pilot for the Airlie Island Terminal a t the Port of Onslow.


22201 TRUSTEES ACT 1962

In the estate of Margaret Janet McNeill late of Unit 15, Parkland Villas, Mandurah in the State of Western Australia, Widow deceased. Creditors and other persons having claim (to which section 63 of the Trustees Act 1962 relates) in respect of the estate of the abovenamed deceased who died on the 22nd day of September, 1996 are required by the personal representative William Richard McNeill of 4 Vista Grove, Armadale in the State of Western Australia to send particulars of the claims to him by the 16th day of December 1996 after which date the personal representative may convey or distribute the assets having regard only to the claims of which he then has notice.

22202 PRINTERS CORRECTION

TRUSTEES ACT 1962 An error occurred in the notice published under the above heading on page 5802 of Government Gazette No. 163 dated 1 November 1996 and is corrected as follows. In the entry relating to Marjorie Lorraine Truelove delete "25 August 1986" and insert " 25 August 1996 ".


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6434 GOVERNMENT GAZETTE. WA [ l 2 November 1996

CONTENTS

REGULATIONS. BY.LAWS. RULES. DETERMINATIONS. ORDERS

Environmental Protection Act 1986-Environmental Protection Amendment Regulations (No . 4) 1996 .......................................................................................................

Health Act 1911- Shire of West Arthur ....................... .... ............................................................................. Town of Kwinana ................................................................................................................... Town of Northam ....................... .... ..................................................................................

Land Acquisition and Public Works Act 1902-Sale of Land ................................................. Sandalwood Act 1929-Sandalwood (Limitation of Removal of Sandalwood) Order 1996 ...

GENERAL CONTENTS

Censorship ................................................................................................................................. Conservation and Land Management ....................... .... ..................................................... Environmental Protection .................... .. ............................................................................... Fisheries ..................................................................................................................................... Health .................... .. .. .... ................................................................................................... Land Administration ................................................................................................................. Local Government .................... .. ........................................................................................... Main Roads ................................................................................................................................ Planning ..................................................................................................................................... Premier and Cabinet .................... ........ ........................................................................... Proclamations ............................................................................................................................ Public Notices ...................... .... ............................................................................................ Transport ...................................................................................................................................

Page

6303-5

6308 6309-13

6307-8 6314 6302

Page 6302 6302

6303-5 6306-7

6307-13 6314-20

6320-2 6322-4

6324-6430 6430 6301 6431

6430-1

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