711

Government Gazette OF THE STATE OF Number 42 New South Wales Friday, 20 February 2004 Published under authority by the Government Printing Service

LEGISLATION Proclamation New South Wales Proclamations under the New South Wales Food Act 2003 No 43 Proclamation New South Wales under the Proclamation , Governor Food Act 2003 No 43I, Professor Marie Bashir AC, Governor of the State of New South Wales, with under thethe advice of the Executive Council, and in pursuance of section 2 of the Food Act 2003, do, by this my Proclamation, appoint 23 February 2004 as the day on ProclamationFood Act 2003 No 43which that Act (except sections 92 (2), 93, 96 and 102–106) commences. Signed and sealed at Sydney, this dayMARIE of BASHIR, 2004., GovernorGovernor I,under the Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the ExecutiveBy Council, Her Excellency’s and in pursuance Command, of section 2 of the Food ActFood Act 2003 No 43 2003, do, by this my Proclamation, appoint 23 February 2004 as ,the Governor day on I,which Professor that Act Marie (except Bashir sections AC, Governor 92 (2), 93, of 96 the and State 102–106) of New commences.South Wales, with Signedthe advice andand of sealedsealed the Executive at at Sydney, Sydney, Council, this this 18th an dday in pursuanceof dayFebruary of of 2004.section 2 2004.of the Food Act 2003, do, by this my Proclamation, appoint 23 February 2004 as the day on which that Act (except sections 92 (2), 93, 96 and 102–106)Minister commences. for, Governor Health By Her Excellency’s Command, Signed and sealed at Sydney, this day of 2004. I, Professor Marie Bashir AC,GOD Governor SAVE THEof the QUEEN! State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Food Act 2003, do, by this my Proclamation, appoint 23 February 2004 as the day on which that Act (except sectionsBy Her 92 Excellency’s (2), 93, 96 andCommand, 102–106) commences. ExplanatoryL.S. note , M.P., SignedThe object and of sealed this Proclamation at Sydney, is this to commence the Foodday of Act 2003MinisterMinister except for2004. forfor provisions Health Health relating to the implementation of a priority classification system for auditing food safety programs for food businessesGOD and SAVE provisions THE relatingQUEEN! to the registration of food businesses. By Her Excellency’s Command, Minister for Health Explanatory note GOD SAVE THE QUEEN! The object of this Proclamation is to commence the Food Act 2003 except for provisions relating to the implementation of a priority classification system for auditing food safety Explanatoryprograms for food note businesses and provisions relating to theMinister registration for Health of food businesses. The object of this ProclamationGOD is to commenceSAVE THE the QUEEN! Food Act 2003 except for provisions relatings03-774-06.p02 to the implementation of a priority classification system for auditing food Page 1safety programs for food businesses and provisions relating to the registration of food Explanatorybusinesses. note The object of this Proclamation is to commence the Food Act 2003 except for provisions relating to the implementation of a priority classification system for auditing food safety programs for food businesses and provisions relating to the registration of food s03-774-06.p02businesses.C:\Docs\ad\s03-774-06\p02\s03-774-06-p02EXN.fm 9/2/04, 01:12 pm Page 1

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C:\Docs\ad\s03-774-06\p02\s03-774-06-p02EXN.fm 9/2/04, 01:12 pm 712 LEGISLATION 20 February 2004 20 February 2004 LEGISLATION 713

Regulations

New South Wales

Food Regulation 2004

under the Food Act 2003

Her Excellency the Governor, with the advice of the Executive Council, and with the approval of the Premier and certification of the Minister for Health under section 141 of the Food Act 2003, has made the following Regulation under that Act.

MORRIS IEMMA, M.P., MinisterMinister for Health Explanatory note The object of this Regulation is to prescribe a new Regulation for the purposes of the Food Act 2003 that deals with the following matters: (a) the way in which certain references are to be read in the New Zealand Food Standards Code of the Commonwealth (with which compliance is required by certain provisions of that Act), (b) an exemption to the notification provisions of that Act in relation to fundraising events for charities, (c) fees in relation to notifications and inspection of the list of food businesses under that Act, (d) specifying enforcement agencies for the purposes of that Act, (e) enabling the Director-General of the Department of Health to delegate functions under that Act to the Chief Executive Officer of Safe Food Production NSW, (f) enabling certain confidential information obtained under that Act to be disclosed to a person administering the Food Production (Safety) Act 1998, (g) savings and transitional provisions. This Regulation is made under the Food Act 2003, including sections 4, 68, 109, 136, 139 (the general regulation-making power) and 141 and clause 1 of Schedule 2.

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Food Regulation 2004

Explanatory note

This Regulation comprises matters arising under legislation that is substantially uniform or complementary with legislation of the Commonwealth and other States.

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Food Regulation 2004

Contents Page Part 1 Preliminary 1 Name of Regulation 4 2 Commencement 4 3 Definitions 4 Part 2 Provisions relating to Food Standards Code 4 Modification of Food Standards Code 5 5 Notifications of food handling operations 5 Part 3 Administration 6 Enforcement agencies 7 7 Delegations 7 Part 4 Miscellaneous 8 Payment for samples 8 9 Disclosure of certain confidential information 8 10 Savings and transitional provisions 8

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Clause 1 Food Regulation 2004

Part 1 Preliminary

Food Regulation 2004

under the Food Act 2003

Part 1 Preliminary

1 Name of Regulation This Regulation is the Food Regulation 2004. 2 Commencement This Regulation commences on 23 February 2004. 3 Definitions In this Regulation: Director-General means the Director-General of the Department of Health. the Act means the Food Act 2003.

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Food Regulation 2004 Clause 4

Provisions relating to Food Standards Code Part 2

Part 2 Provisions relating to Food Standards Code

4 Modification of Food Standards Code (1) A reference in the Food Standards Code: (a) to the relevant authority is to be read as a reference to the Director-General, and (b) to the Act is to be read as a reference to the Food Act 2003, and (c) to the appropriate enforcement agency is to be read as a reference to the Director-General, and (d) to demonstrate is to be read as a reference to demonstrate to the satisfaction of the Director-General. (2) Standard 3.2.2 of the Food Standards Code is modified by inserting after clause 4 (4) the following subclause: (5) Subclause (1) does not apply to a food business in relation to food handling operations for fundraising events, that is, events: (a) that raise funds solely for community or charitable causes and not for personal financial gain, and (b) at which all the food sold is not potentially hazardous or is to be consumed immediately after thorough cooking. 5 Notifications of food handling operations (1) Expressions used in this clause have the same meaning as in Standard 3.1.1 of the Food Standards Code. (2) The Director-General may make an arrangement with a local council for the council to accept notifications under clause 4 of Standard 3.2.2 of the Food Standards Code on behalf of the Director-General and forward those notifications to the Director- General. (3) A local council that performs the service of accepting and forwarding a notification under subclause (2) may charge a fee for that service not exceeding the following: (a) if the notification relates to 5 food premises or less—$50, (b) if the notification relates to more than 5 food premises—$10 per premises.

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Clause 5 Food Regulation 2004

Part 2 Provisions relating to Food Standards Code

(4) A notification under clause 4 of Standard 3.2.2 of the Food Standards Code may be made: (a) in a written form—directly to the Director-General or to the Director-General through a local council (under an arrangement made in accordance with subclause (2)), or (b) in an electronic form by way of the Internet—directly to the Director-General. (5) A notification that is made in a written form directly to the Director- General must be accompanied by a processing fee of: (a) if the notification relates to 5 food premises or less—$50, and (b) if the notification relates to more than 5 food premises—$10 per premises. (6) A notification under clause 4 of Standard 3.2.2 of the Food Standards Code is not duly made unless it is accompanied by any fee that is required under this clause.

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Food Regulation 2004 Clause 6

Administration Part 3

Part 3 Administration

6 Enforcement agencies (1) For the purposes of the definition of enforcement agency in section 4 (1) of the Act, the following are prescribed: (a) Safe Food Production NSW constituted by the Food Production (Safety) Act 1998, (b) each local council, (c) in respect of the Kosciuszko National Park, the Director- General of the Department of Environment and Conservation, (d) in respect of , the Lord Howe Island Board constituted by the Lord Howe Island Act 1953. (2) The Director-General is prescribed as the appropriate enforcement agency for the purposes of sections 93, 95 and 100 of the Act. 7 Delegations For the purposes of section 109 (1) (c) of the Act, the following offices are prescribed: (a) the Chief Executive Officer of Safe Food Production NSW constituted by the Food Production (Safety) Act 1998, (b) the general manager of a local council.

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Clause 8 Food Regulation 2004

Part 4 Miscellaneous

Part 4 Miscellaneous

8 Payment for samples For the purposes of section 68 of the Act, if the current market value of a sample of food exceeds $10, the amount payable for the sample concerned is $10. 9 Disclosure of certain confidential information For the purposes of section 136 (1) (e) of the Act, the Food Production (Safety) Act 1998 is prescribed. 10 Savings and transitional provisions (1) A notification relating to a food business that was duly made for the purposes of Standard 3.2.2 of the Food Standards Code before the commencement of section 100 of the Act is taken to be a written notice in the approved form for the purposes of that section. (2) Until 12 months after the commencement of this Regulation, section 100 of the Act does not apply to the proprietor of a food business that is the subject of a licence under the Food Production (Safety) Act 1998.

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New South Wales

Passenger Transport (Taxi-cab Services) Amendment (Miscellaneous Amendments) Regulation 2004

under the Passenger Transport Act 1990

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Passenger Transport Act 1990.

MICHAEL COSTA, M.L.C., Minister for Transport Services Minister for Transport Services Explanatory note The object of this Regulation is to amend the Passenger Transport (Taxi-cab Services) Regulation 2001: (a) to include appropriately qualified members of the National Institute of Accountants in the definition of qualified accountant for the purposes of the Regulation, and (b) to prescribe further seating requirements as part of the accommodation standard for taxi-cabs, and (c) to modify a requirement to display registration details on taxi-cabs licensed to operate within the Metropolitan transport district, to extend the requirement to operators of taxi-cabs licensed to operate outside that district, and to extend the date by which the requirement must be complied with to 1 April 2004, and (d) to require operators of taxi-cabs to record the driver licence number of each person who drives them, and (e) to require applicants for an authorisation to drive taxi-cabs to have held an unrestricted Australian driver licence for a total of at least 12 months in the preceding 2 years and to have passed an examination in the taxi-cab driver training course that applicants are currently required to complete under the Regulation, and (f) to require taxi-cab drivers to record certain additional information on their worksheets when beginning and ending a driving shift, and

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Passenger Transport (Taxi-cab Services) Amendment (Miscellaneous Amendments) Regulation 2004

Explanatory note

(g) to remove a requirement for 3 yearly medical checks for taxi-cab drivers under 60 years of age, and (h) to remove an anomalous provision (relating to the proper operation of taxi-meters by taxi-cab drivers) and to correct certain references, and (i) to make it an offence (carrying a maximum penalty of 50 penalty units, that is, $5,500) for a taxi-cab driver: (i) to ply or stand a taxi-cab for hire outside the area within which the taxi-cab is authorised to ply for hire, or (ii) to use a taxi-cab to carry out a pre-booked hiring to convey a passenger from a place outside that area unless to a place inside that area, and to prescribe the offence as a penalty notice offence. This Regulation is made under the Passenger Transport Act 1990, including sections 59 and 63 (the general regulation-making power).

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Passenger Transport (Taxi-cab Services) Amendment (Miscellaneous Clause 1 Amendments) Regulation 2004

Passenger Transport (Taxi-cab Services) Amendment (Miscellaneous Amendments) Regulation 2004

under the Passenger Transport Act 1990

1 Name of Regulation This Regulation is the Passenger Transport (Taxi-cab Services) Amendment (Miscellaneous Amendments) Regulation 2004. 2 Amendment of Passenger Transport (Taxi-cab Services) Regulation 2001 The Passenger Transport (Taxi-cab Services) Regulation 2001 is amended as set out in Schedule 1.

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Passenger Transport (Taxi-cab Services) Amendment (Miscellaneous Amendments) Regulation 2004

Schedule 1 Amendments

Schedule 1 Amendments (Clause 2) [1] The whole Regulation Omit “area of operations” wherever occurring. Insert instead “area of operation”. [2] Clause 3 Definitions Omit “either of the following” from the definition of qualified accountant. [3] Clause 3, definition of “qualified accountant” Insert at the end of paragraph (b): , or (c) a member of the National Institute of Accountants who holds a Public Practice Certificate issued by that Institute. [4] Clause 3, definition of “vehicle tracking device” and clause 50 (a) Omit “belongs” wherever occurring. Insert instead “is connected”. [5] Clause 9 Accommodation standard for taxi-cabs Omit clause 9 (4). Insert instead: (4) Subclauses (2) and (3) do not apply to a maxi-cab or wheelchair accessible taxi-cab. [6] Clause 9 (10)–(12) Insert after clause 9 (9): (10) A station-wagon that is used as a wheelchair accessible taxi- cab must not have any side-facing seat (whether fixed or folding) in the part of the station-wagon that is designed or intended for the conveyance of wheelchairs. (11) A taxi-cab (other than a station-wagon) that is required by a condition of its licence to be wheelchair accessible must not have any seat (other than a folding seat) installed in the part of the taxi-cab that is designed or intended for the conveyance of wheelchairs.

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Passenger Transport (Taxi-cab Services) Amendment (Miscellaneous Amendments) Regulation 2004

Amendments Schedule 1

(12) In this clause: station-wagon includes a station-wagon that has been modified. [7] Clause 22 Taxi-cabs to display registration details Omit “that is authorised by its licence to ply for hire within the Metropolitan transport district must ensure that, on and from 1 January 2002” from clause 22 (1). Insert instead “must ensure that, on and from 1 April 2004”. [8] Clause 22 (2) (a) Insert “the upper half of” after “on”. [9] Clause 30 Records of drivers Insert after clause 30 (2) (c): (d) the person’s driver licence number for the licence referred to in subclause (1) (b). [10] Clause 33 Criteria for authorisation to drive taxi-cabs Insert after clause 33 (2) (b): (b1) must have held for a total of at least 12 months in the 2 years immediately preceding the date of the application, an Australian driver licence, and [11] Clause 33 (2) (d) (ia) Insert after clause 33 (2) (d) (i): (ia) such part or parts of the taxi-cab driver training course referred to in paragraph (c) as may be required by the Director-General (or must have such competence as a driver of a taxi-cab as the Director-General considers appropriate), [12] Clause 33 (3) Insert in alphabetical order: Australian driver licence means: (a) a driver licence, or

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Passenger Transport (Taxi-cab Services) Amendment (Miscellaneous Amendments) Regulation 2004

Schedule 1 Amendments

(b) a licence issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area, excluding a conditional licence (other than a conditional licence the sole condition of which is that the holder must wear corrective lenses at all times while driving), probationary licence, provisional licence, restricted licence and driver licence receipt. [13] Clause 38 Drivers’ worksheets Omit clause 38 (1) (a). Insert instead: (a) when beginning a driving shift: (i) the driver’s name, driver licence number and driver’s authority card number, the registration number of the taxi-cab and the name of the taxi- cab network to which the taxi-cab is connected, and (ii) the date and time the shift began and the odometer reading at that time, and (iii) a notation that the driver has checked to see whether or not any security camera system fitted to the taxi-cab is operating, if that is the case, and [14] Clause 38 (1) (d) (ii) Insert “and the odometer reading at that time” after “ended”. [15] Clause 44 Medical condition of driver Omit clause 44 (1) (but not the penalty). Insert instead: (1) On attaining the age of 60 years and from then on at intervals of 12 months, the driver of a taxi-cab must, at the driver’s own expense, furnish the Director-General with a certificate from a medical practitioner containing the medical practitioner’s assessment, in accordance with any requirements of the Director-General, of the driver’s medical condition. [16] Clause 69 Operation of meter by taxi-cab driver Omit clause 69 (4).

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Passenger Transport (Taxi-cab Services) Amendment (Miscellaneous Amendments) Regulation 2004

Amendments Schedule 1

[17] Clause 69A Insert after clause 69: 69A Hirings outside area of operation The driver of a taxi-cab must not: (a) ply or stand the taxi-cab for hire outside its area of operation, or (b) use the taxi-cab to carry out a pre-booked hiring to convey a passenger from a place outside the taxi-cab’s area of operation unless to a place inside that area. Maximum penalty: 50 penalty units. [18] Schedule 2 Penalty notice offences Insert in appropriate order in Part 2, in Columns 1 and 2, respectively:

Clause 69A (a) $500

Clause 69A (b) $500

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Rules

New South Wales

Supreme Court Rules (Amendment No 388) 2004

under the Supreme Court Act 1970

The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 16 February 2004.

Steven Jupp Secretary of the Rule Committee Explanatory note The object of these Rules is to amend Form 10 of Schedule F to the Supreme Court Rules 1970 to clarify certain references to parties to a cross-claim.

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Rule 1 Supreme Court Rules (Amendment No 388) 2004

Supreme Court Rules (Amendment No 388) 2004

under the Supreme Court Act 1970

1 Name of Rules These Rules are the Supreme Court Rules (Amendment No 388) 2004. 2 Amendment of Supreme Court Rules 1970 The Supreme Court Rules 1970 are amended as set out in Schedule 1.

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Supreme Court Rules (Amendment No 388) 2004

Amendments Schedule 1

Schedule 1 Amendments (Rule 2) [1] Schedule F Forms Omit “The second cross-claimant” from Form 10. Insert instead “The cross-claimant to the second cross-claim”. [2] Schedule F, Form 10 Omit “Second Cross-claimant:”. Insert instead “Cross-claimant to the second cross-claim:”. [3] Schedule F, Form 10 Omit “First Cross-claimant’s Address for Service:”. Insert instead “Address for Service for cross-claimant to the first cross- claim:”. [4] Schedule F, Form 10 Omit “First Cross-defendant’s Address for Service:”. Insert instead “Address for Service for cross-defendant to the first cross- claim:”. [5] Schedule F, Form 10 Omit “Second Cross-claimant’s Address for Service:”. Insert instead “Address for Service for cross-claimant to the second cross- claim:”.

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Other Legislation

NSW SCIENTIFIC COMMITTEE Final Determination ERRATUM THE NSW Scientific Committee Final Determination published in the Government Gazette on the 13 February 2004, Gazette No. 35, folios 628 to 631 was published incorrectly. The full Final Determination is now republished in full.

NSW SCIENTIFIC COMMITTEE Final Determination THE Scientific Committee, established by the Threatened Species Conservation Act, has made a Final Determination to list the Entanglement in or ingestion of anthropogenic debris in marine and estuarine environments as a KEY THREATENING PROCESS in Schedule 3 of the Act. Listing of key threatening processes is provided for by Part 2 of the Act. The Scientific Committee has found that: 1. Anthropogenic debris in marine and estuarine environments (usually known as marine debris) is defined as pollution by human-generated objects (Faris and Hart 1996). Marine debris is mostly comprised of fishing gear, packaging materials, convenience items and raw plastics (Pruter 1987). The major sources of marine debris are from ship waste, recreational activities, aquaculture industry and both urban and rural discharges into rivers, estuaries and coastal areas (Faris and Hart 1996, Frost and Cullen 1997, Herfort 1997). 2. There is an increasing quantity of marine debris entering the marine environment every year (Laist 1987, Jones 1995). In particular, the use of plastics in the fishing industry has become more widespread in the last four decades and this has resulted in large quantities of debris entering marine and estuarine environments (Henderson 2001). 3. Marine debris may be transported long distances by oceanic currents and is concentrated at convergence fronts and in coastal waters (Shaw and Mapes 1979, Carr 1987). These marine areas are also highly productive ecosystems that support high densities of marine species and leads to their exposure to marine debris (Carr 1987). Marine debris is known to entangle and be ingested by marine, estuarine and pelagic vertebrate species. Entanglement and ingestion may occur either accidentally while feeding or scavenging, or deliberately if marine debris is mistaken for prey items (Laist 1987). It can also be regurgitated by adult birds as food for hatchlings (Cooper 1995, Huin and Croxall 1996). Sub-lethal effects of entanglement or ingestion of marine debris may reduce an individual’s fitness and ability to successfully reproduce, catch prey and avoid predation (Ryan 1990, Pemberton et al. 1992). 4. Detrimental effects of entanglement with marine debris include strangulation, increased drag, lacerations, infection and loss of limbs. Ingestion of marine debris may lead to the blockage and/or perforation of an individual’s digestive system (Prendergast and Johnson 1996), or potentially, poisoning by polychlorinated biphenyls (PCBs). High levels of PCBs can suppress an individual’s immunity or reproductive ability (Hutchinson and Simmonds 1992), and amounts of ingested plastic have been positively correlated with levels of PCBs in seabirds (Ryan et al. 1988). 5. Several studies have investigated the impact of marine debris on seals in Australian waters. A study of the New Zealand Fur-seal, Arctocephalus forsteri, population on Kangaroo Island found 0.8% of the population suffers entanglements each year (Page et al. 2003). In Tasmanian waters between 1989 and 1993, 136 Australian Fur-seals, A. pusillus, were observed with plastic neck collars (Pemberton et al. 1992). Observations of juvenile Australian Fur-seals on Montague Island found entanglement around the neck by rope, strap or portions of trawl net on seven occasions (Shaughnessy et al. 2001). 6. Records of injured and dead marine wildlife are kept by NSW National Parks & Wildlife Service (K. Waples, pers. comm.) and Taronga Zoo (L. Hall, pers. comm.). These databases show a wide variety of marine vertebrates are impacted by entanglement in line, the presence of hooks in the mouth or gut, wounds caused by line or net and gastric impaction by plastic bodies. A study of 173 estuaries along the NSW coast found at least 10% of the Australian Pelican, Pelicanus conspicillatus, population to be suffering from entanglement by fishing line (L. Ferris pers. comm.). Overseas studies show that most albatross and giant-petrel species ingest plastic debris and regurgitate it as food for their offspring (Fry et al. 1987, Ryan 1987, Sileo et al. 1990, Huin and Croxall 1996, Robertson 1998). 7. Cases of entanglement with and ingestion of marine debris have been recorded in the following species and populations that are threatened in NSW: Endangered Species Caretta caretta Loggerhead Turtle Diomedea exulans Wandering Albatross Macronectes giganteus Southern Giant-petrel

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Vulnerable Species Chelonia mydas Green Turtle Dermochelys coriacea Leathery Turtle Diomedea gibsoni Gibson’s Albatross Diomedea melanophris Black-browed Albatross Arctocephalus pusillus Australian Fur-seal Arctocephalus forsteri New Zealand Fur-seal Megaptera novaeangliae Humpback Whale Physeter catadon Sperm Whale Endangered Population Little Penguin, Eudyptula minor, population in the Manly Point Area.

8. Entanglements with and ingestion of marine debris are likely to affect the following species that are threatened in NSW:

Endangered SpeciesEndangered Species Caretta caretta Loggerhead Turtle Diomedea exulans Wandering Albatross Macronectes giganteus Southern Giant-petrel

Vulnerable Species Chelonia mydas Green Turtle Dermochelys coriacea Leathery Turtle Diomedea gibsoni Gibson’s Albatross Diomedea melanophris Black-browed Albatross Arctocephalus pusillus Australian Fur-seal Arctocephalus forsteri New Zealand Fur-seal Megaptera novaeangliae Humpback Whale Physeter catadon Sperm Whale

Endangered Population Little Penguin, Eudyptula minor, population in the Manly Point Area.

9. Entanglement with and ingestion of marine debris could cause the following species or populations that are not threatened to become threatened in NSW:

Numenius madagascariensis Eastern Curlew Numenius phaeopus Whimbrel Limosa lapponica Bar-tailed Godwit Puffinus gavia Fluttering Shearwater

10. In view of the above the Scientific Committee is of the opinion that Entanglement in or ingestion of anthropogenic debris in marine and estuarine environments adversely affects two or more threatened species or populations, or could cause species or populations that are not threatened to become threatened.

Associate Professor PAUL ADAM, Chairperson Scientific Committee References: Carr A (1987) Impact of non-degradable marine debris on the ecology and survival outlook of sea turtles. Marine Pollution Bulletin 18, 352-356.

Cooper JM (1995) Fishing hooks associated with albatrosses at Bird Island, South Georgia, 1992/1993. Marine Ornithology 23, 17-21.

Faris J, Hart K (1996) Seas of Debris: A Summary of the Third International Conference on Marine Debris. Miami, Florida, 8-13 May 1994. p54. National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Seattle. Frost A, Cullen M (1997) Marine debris on northern New South Wales beaches (Australia): Sources and role of beach usage. Marine Pollution Bulletin 34, 348-352. Fry DM, Fefer SI, Sileo L (1987) Ingestion of plastic debris by Laysan Albatrosses and Wedge-tailed Shearwaters in the Hawaiian Islands. Marine Pollution Bulletin 18, 339-343.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 732 LEGISLATION 20 February 2004

Jones MM (1995) Fishing debris in the Australian marine environment. Marine Pollution Bulletin 30, 25-33. Laist DW (1987) Overview of the biological effects of lost and discarded plastic debris in the marine environment. Marine Pollution Bulletin 18, 319-326. Page B, McKenzie J, McIntosh R, Baylis A, Morissey A, Calvert N, Hasse T, Berris M, Dowie D, Shaughnessy PD, Goldsworthy SD (2003) A summary of Australian sea lion and New Zealand fur seal entanglements in marine debris pre- and post-implementation of Australian Government fishery bycatch policies. The Australian Marine Sciences Association Annual Conference 2003, Brisbane, Queensland, 9 - 11th July 2003. Pemberton D, Brothers NP, Kirkwood R (1992) Entanglement of Australian Fur Seals in man-made debris in Tasmanian waters. Wildlife Research 19, 151-159. Prendergast R, Johnson S (1996) Plastic pollution and the Australian fur-seal (Arctocephalus pusillus doriferus): research and public education. In Proceedings of the ARAZPA/ASZK conference, Perth, Western Australia, April 1995. (Ed E. Read) pp. 148-155. (Perth Zoo, Perth) Pruter AT (1987) Sources, quantities and distribution of persistent plastics in the marine environment. Marine Pollution Bulletin 18, 305-310. Robertson CJR (1998) Factors influencing breeding performance of the Northern Royal Albatross. In ‘The Albatross: Biology and Conservation’. (Eds G Robertson and R Gales) pp. 99-104. (Surrey Beatty and Sons: Chipping Norton, NSW) Ryan PG (1987) The incidence and characteristics of plastic particles ingested by seabirds. Marine and Environmental Research 23, 175-206. Ryan PG (1990) The effects of ingested plastic and other marine debris on seabirds. pp. 623-634 In ‘Proceedings of the Second International Conference on Marine Debris’, (Eds RS Shomura and ML Godfrey), April 2-7, 1989. Honululu, Hawaii. U.S. Department of Commerce, NOAA Technical Memorandum. NMFS, NOAA-TM-NMFS- SWFC-154. Ryan PG, Connell S, Gardner B (1988) Plastic ingestion and PCBs in seabirds: is there a relationship? Marine Pollution Bulletin 19, 174-176. Shaughnessy PD, Briggs SV, Constable R (2001) Observations on seals at Montague Island, New South Wales. Australian Mammalogy 23, 1-7. Shaw DG, Mapes GA (1979) Surface circulation and the distribution of pelagic tar and plastic. Marine Pollution Bulletin 10, 160-162. Sileo L, Sievert PR and Samuel MD (1990) Causes of mortality of albatross chicks at Midway Atoll. Journal of Wildlife Diseases 26, 329-338. Bibliography: Derraik JGB (2002) The pollution of the marine environment by plastic debris: a review. Marine Pollution Bulletin 44, 842–852.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 20 February 2004 OFFICIAL NOTICES 733 OFFICIAL NOTICES Appointments

GROWTH CENTRES (DEVELOPMENT GROWTH CENTRES (DEVELOPMENT CORPORATIONS) ACT 1974 CORPORATIONS) ACT 1974 Reappointment of Persons as Members of the Festival Appointment of Persons as Members of the Honeysuckle Development Corporation Development Corporation under Section 6(1)(a) HER Excellency the Governor, with the advice of the I, CRAIG KNOWLES, M.P., Minister for Infrastructure Executive Council, under section 6(3) of the Growth and Planning, advise that Her Excellency the Governor, Centres (Development Corporations) Act 1974, approve the with the advice of the Executive Council, has approved the appointment of the persons listed in Annexure “A” to this appointment of the following persons as members of the Minute as members of the Festival Development Corporation Honeysuckle Development Corporation from 27 February from 23 February 2004 to 22 February 2007. 2004 to 26 February 2007. Annexure “A” • David Le MARCHANT (Chair) David KING and Georgia SIDIROPOULOS. • John TATE, Lord Mayor of Newcastle JOHN DELLA BOSCA, M.L.C., • Peter BARRACK, AM Special Minister of State, Minister for Commerce, • William KIRKBY-JONES, AM Minister for Industrial Relations, • Gary KENNEDY Assistant Treasurer, and Minister for the Central Coast • Suzanne RYAN • Glenn THORNTON • Neil BIRD, AM • Megan MAYBURY • Lynn MANGOVSKI CRAIG KNOWLES, M.P., Minister for Infrastructure and Planning

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 734 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 735

NSW Fisheries

F03/4147 waters, or parts thereof, should remain closed until the expiry of the closure or whether the closure should FISHERIES MANAGEMENT ACT 1994 cease. Section 8 Notification – Fishing Closure Additional notes (not forming part of the closure Prawn Counts, Incidental Catch Ratios and Closure to notification) Prawning Nets – Clarence River Applies to All Commercial Fishers 1. For the purpose of determining a closed area as provided for in this notification, a District Fisheries I, STEVE DUNN, prohibit the taking of prawns from the Officer may at any time take a sample of prawns Clarence River for sale by commercial fishers if the number to determine the size of prawns taken from those of prawns taken is greater than a count of 180 prawns per waters. half kilogram at the first point of sale. 2. For the purpose of determining a closed area as I also prohibit the taking of prawns by specified methods provided for in this notification, a District Fisheries and in specified parts of the Clarence River if (subject to the Officer may at any time inspect a vessel’s (sorted or conditions attached to this notification): unsorted) catch to determine the level of incidental 1. The District Fisheries Officer determines in writing catch taken from those waters. that the specified methods and specified parts of the estuary shall be temporarily closed, when any one of the following criteria are found: FISHERIES MANAGEMENT ACT 1994 a) the number of bream captured by endorsed estuary prawn trawl fishers averaged across four (4), FISHERIES MANAGEMENT (AQUACULTURE) fifteen (15) minute trawl net deployments equals REGULATION 2002 thirty (30) or more individuals per net, or Clause 37(3) – Notice of Granting of Class 1 Aquaculture b) the number of prawns captured by endorsed estuary Lease prawn trawl fishers is greater than a count of 200 prawns per half kilogram of the vessel’s unsorted THE Minister has granted the following Class 1 Aquaculture catch (ie. during or immediately after the catch is Lease: removed from the cod-end of the net), or AL01/025 within the estuary of Wallis Lake, having an c) the number of prawns captured by any commercial area of 2.4811 hectares to Graham James Moore BARCLAY fisher is greater than a count of 180 prawns per of Forster, NSW, for a term of 15 years expiring on 18 half kilogram at the first point of sale. February 2018. This prohibition is effective from the date of publication AL02/033 within the estuary of the Kalang River, having for a period of five (5) years, unless sooner varied or revoked an area of 0.3571 hectares to Anthony Owen SHIELDS, by the Director-General, NSW Fisheries. Christopher Douglas SHIELDS, Owen Douglas SHIELDS and Beverley June SHIELDS of Urunga, NSW, for a term STEVE DUNN, of 15 years expiring on 21 November 2018. Director-General, NSW Fisheries. AL02/025 within the estuary of Port Stephens, having an area of 0.7673 hectares to V C DIEMAR PTY LTD of Conditions: Nelson Bay, NSW, for a term of 15 years expiring on 28 1. The District Fisheries Officer is not authorised to July 2018. make a determination regarding specified closed STEVE DUNN, waters unless first consulting a joint NSW Fisheries/ Director-General, industry working group that has been formed for the NSW Fisheries. purpose of overseeing the implementation of prawn counts and incidental catch levels that has been duly authorised to do so by the Director-General, NSW Fisheries. FISHERIES MANAGEMENT ACT 1994 2. A closure made through a determination by the District Fisheries Officer takes effect when a notice is placed FISHERIES MANAGEMENT (AQUACULTURE) or caused to be placed in prominent locations on or REGULATION 2002 adjacent to the waters to which the fishing closure Clause 39(4) – Notice of Aquaculture Lease Renewal applies. The notice must clearly specify the date and location of the sample or inspection, the methods THE Minister has renewed the following Class 1 Aquaculture and/or waters that are closed and the period during Leases: which the closure applies. OL58/067 within the estuary of the Manning River, having 3. A District Fisheries Officer may undertake samples an area of 0.1968 hectares to Mr Roger Clyde RIELLY and of prawns from closed waters using any method to Ms Elaine RIELLY of Mitchells Island, NSW, for a term of determine the size of prawns and whether those 15 years expiring on 14 October 2018. NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 734 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 735

OL72/270 within the estuary of the Hastings River, having 0.4789 hectares, Parish of Oxley, County of Macquarie, an area of 1.1284 hectares to Mr Robert SPRAGUE and Mrs Shire of Taree. If granted the lease will be subject to standard Anne SPRAGUE of Port Macquarie, NSW, for a term of 15 covenants and conditions of an aquaculture lease as imposed years expiring on 9 February 2018. by NSW Fisheries. OL73/396 within the estuary of Merimbula Lake, having NSW Fisheries is calling for written submissions from any an area of 0.3848 hectares to Jack COLE of Cobargo, NSW, person supporting or objecting to the oyster lease proposal, for a term of 15 years expiring on 13 August 2019. citing reasons for the support/objection. OL75/212 within the estuary of the Pambula River, having NSW Fisheries is also calling for expressions of interest an area of 0.7517 hectares to Patrick Neville SKEERS of from persons or corporations interested in leasing the Gordon, ACT, for a term of 15 years expiring on 14 July area specified above, for the purposes of aquaculture. An 2019. expression of interest must be in the form of a written STEVE DUNN, response referring to lease number OL56/158, signed and Director-General, dated with a return address. NSW Fisheries. Specific details of the proposed lease can be obtained, or enquiries made with NSW Fisheries, Aquaculture Administration Section, Port Stephens on (02) 4982 1232. FISHERIES MANAGEMENT ACT 1994 Objections or expressions of interest for consideration in FISHERIES MANAGEMENT (AQUACULTURE) the determination of the application must be received at the REGULATION 2002 address below, within 40 days from the date of publication Clause 33(1) – Notice of Receipt of Application for of this notification. Aquaculture Lease Director, NSW Fisheries, THE following application for a Class 1 Aquaculture Aquaculture Administration Section, Lease. Port Stephens Fisheries Centre, Private Bag 1, Nelson Bay, NSW 2315. NSW Fisheries advises that an application has been received for an aquaculture (oyster) lease over public water If additional expressions of interest are received, NSW land for the purposes of cultivating Sydney rock oysters. Fisheries may offer the area for leasing through a competitive public tender process. Location is at Manning River, for an area identical to former oyster lease OL56/158. Application by SHOESMITH STEVE DUNN, OYSTERS PTY LTD of Mitchell Island, NSW, for an area Director-General, to be known as AL03/027 (if granted) of approximately NSW Fisheries.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 736 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 737 Department of Infrastructure, Planning and Natural Resources

Infrastructure and Planning

New South Wales

State Environmental Planning Policy No 74—Newcastle Port and Employment Lands (Amendment No 1)

under the Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979 in accordance with the recommendation made by the Minister for Infrastructure and Planning. (S04/ 00036/PC)

CRAIG KNOWLES, M.P., MinisterMinister forfor InfrastructureInfrastructure andand PlanningPlanning

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State Environmental Planning Policy No 74—Newcastle Port and Clause 1 Employment Lands (Amendment No 1)

State Environmental Planning Policy No 74—Newcastle Port and Employment Lands (Amendment No 1) under the Environmental Planning and Assessment Act 1979

1 Name of Policy This Policy is State Environmental Planning Policy No 74— Newcastle Port and Employment Lands (Amendment No 1).

2 Aim of Policy The aim of this Policy is to redefine the land to which State Environmental Planning Policy No 74—Newcastle Port and Employment Lands applies.

3 Land to which Policy applies This Policy applies to land in the Port Stephens and Newcastle City local government areas as shown on the map marked “State Environmental Planning Policy No 74—Newcastle Port and Employment Lands (Amendment No 1)” held at the head office of the Department of Infrastructure, Planning and Natural Resources.

4 Amendment of State Environmental Planning Policy No 74— Newcastle Port and Employment Lands State Environmental Planning Policy No 74—Newcastle Port and Employment Lands is amended as set out in Schedule 1.

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State Environmental Planning Policy No 74—Newcastle Port and Employment Lands (Amendment No 1)

Amendments Schedule 1

Schedule 1 Amendments (Clause 4) [1] Clause 2 Aims of Policy Insert “City” after “Newcastle” in clause 2 (a). [2] Clause 3 Definitions Omit the definition of the map from clause 3 (1). Insert instead: the map means the map marked “State Environmental Planning Policy No 74—Newcastle Port and Employment Lands (Amendment No 1)” held at the head office of the Department of Infrastructure, Planning and Natural Resources. [3] Clause 4 Land to which Policy applies Insert “City” after “Newcastle”.

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New South Wales

Blacktown Local Environmental Plan 1988 (Amendment No 188)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P03/00368/S69)

DIANE BEAMER, M.P., MinisterMinister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning Administration) and Planning (Planning Administration)

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Clause 1 Blacktown Local Environmental Plan 1988 (Amendment No 188)

Blacktown Local Environmental Plan 1988 (Amendment No 188) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Blacktown Local Environmental Plan 1988 (Amendment No 188).

2 Aims of plan This plan aims to rezone the land to which this plan applies from Zone No 5 (a) (the Special Uses—Water, Sewerage and Drainage Zone) to Zone No 2 (a) (the Residential “A” Zone) under Blacktown Local Environmental Plan 1988.

3 Land to which plan applies This plan applies to Lot V, DP 411568, Flushcombe Road, Blacktown, as shown edged heavy black and lettered “2 (a)” on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 188)” deposited in the office of the Council of the City of Blacktown.

4 Amendment of Blacktown Local Environmental Plan 1988 Blacktown Local Environmental Plan 1988 is amended by inserting in appropriate order in the definition of the map in clause 6 (1) the following words: Blacktown Local Environmental Plan 1988 (Amendment No 188)

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New South Wales

Blacktown Local Environmental Plan 1988 (Amendment No 191)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P03/00352/S69)

DIANE BEAMER, M.P., MinisterMinister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning Administration) and Planning (Planning Administration)

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Clause 1 Blacktown Local Environmental Plan 1988 (Amendment No 191)

Blacktown Local Environmental Plan 1988 (Amendment No 191) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Blacktown Local Environmental Plan 1988 (Amendment No 191).

2 Aims of plan This plan aims to rezone the land to which this plan applies from partly Zones Nos 2 (a) (the Residential “A” Zone), 3 (a) (the General Business Zone) and 6 (a) (the Public Recreation Zone) to partly the Residential “A” and General Business Zones under Blacktown Local Environmental Plan 1988.

3 Land to which plan applies This plan applies to part of Lots 101 and 102, DP 1011110, known as 188–194 Walters Road, Arndell Park and part of Lot 1, DP 832346, known as 61 Holbeche Road, Arndell Park, as shown edged heavy black on the map marked “Blacktown Local Environmental Plan 1988 (Amendment No 191)” deposited in the office of the Council of the City of Blacktown.

4 Amendment of Blacktown Local Environmental Plan 1988 Blacktown Local Environmental Plan 1988 is amended by inserting in appropriate order in the definition of the map in clause 6 (1) the following words: Blacktown Local Environmental Plan 1988 (Amendment No 191)

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New South Wales

Liverpool Local Environmental Plan 1997 (Amendment No 80)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P02/00455/S69)

DIANE BEAMER, M.P., MinisterMinister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning Administration) and Planning (Planning Administration)

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Clause 1 Liverpool Local Environmental Plan 1997 (Amendment No 80)

Liverpool Local Environmental Plan 1997 (Amendment No 80) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Liverpool Local Environmental Plan 1997 (Amendment No 80).

2 Aims of plan This plan aims to amend Liverpool Local Environmental Plan 1997: (a) to amend the definition of local shop, and (b) to provide that the Council of the City of Liverpool must not grant consent to development for the purpose of a local shop on land within the 2 (a) Residential zone under the Liverpool Local Environmental Plan 1997 unless it is satisfied that no boundary of the site of the proposed local shop will front certain specified roads.

3 Land to which plan applies This plan applies to land within the 2 (a) Residential zone under the Liverpool Local Environmental Plan 1997.

4 Amendment of Liverpool Local Environmental Plan 1997 Liverpool Local Environmental Plan 1997 is amended as set out in Schedule 1.

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Liverpool Local Environmental Plan 1997 (Amendment No 80)

Amendments Schedule 1

Schedule 1 Amendments (Clause 4) [1] Clause 6 Definitions Omit the definition of local shop from clause 6 (1). Insert instead: local shop means a shop that: (a) operates primarily to service the surrounding residential area, and (b) trades principally in groceries, small goods and associated convenience items but that may also offer a post office facility or a newsagency facility, and (c) does not exceed 75 square metres in gross floor area. [2] Clause 45B Local shops Insert after clause 45B (2): (3) The Council must not grant a consent referred to in subclause (1) unless it is satisfied that no boundary of the site of the proposed local shop will front any of the following: (a) the Northern Road, (b) Elizabeth Drive, (c) Bringelly Road, (d) Camden Valley Way, (e) Cowpasture Road, (f) Hoxton Park Road, (g) the Hume Highway, (h) Newbridge Road, (i) Heathcote Road, (j) Cumberland Highway (Orange Grove Road), (k) Memorial Avenue (Hume Highway to Scott Street), (l) Moorebank Avenue (Newbridge Road to M5 Motorway), (m) M5 Motorway, (n) Terminus Street, (o) Macquarie Street (Hume Highway to Terminus Street).

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New South Wales

Muswellbrook Local Environmental Plan 1985 (Amendment No 96)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (N03/00253/S69)

DIANE BEAMER, M.P., Minister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning Administration) and Planning (Planning Administration)

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Clause 1 Muswellbrook Local Environmental Plan 1985 (Amendment No 96)

Muswellbrook Local Environmental Plan 1985 (Amendment No 96) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Muswellbrook Local Environmental Plan 1985 (Amendment No 96).

2 Aims of plan This plan aims: (a) to reclassify the land to which this plan applies from community land to operational land within the meaning of the Local Government Act 1993 (the 1993 Act): (i) to allow for the release and sale of Council-owned land, and (ii) to allow for the erection of a water tower to service the Muswellbrook community. (b) to make further provision for the classification or reclassification of public land as operational land as a consequence of major changes to the statutory scheme in section 30 (Reclassification of community land as operational) of the 1993 Act.

3 Land to which plan applies (1) To the extent that this plan reclassifies land to allow for the release and sale of Council-owned land, it applies to Lot 16, DP 28425, Shaw Crescent, Muswellbrook, as shown edged heavy black on Sheet 1 of the map marked “Muswellbrook Local Environmental Plan 1985 (Amendment No 96)” deposited in the office of Council. (2) To the extent that this plan reclassifies land to allow for the erection of a water tower, it applies to so much of Lot 4095, DP 794059, Acacia Drive, Muswellbrook, as is shown edged heavy black on Sheet 2 of that map.

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Muswellbrook Local Environmental Plan 1985 (Amendment No 96) Clause 4

4 Amendment of Muswellbrook Local Environmental Plan 1985 Muswellbrook Local Environmental Plan 1985 is amended as set out in Schedule 1.

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Muswellbrook Local Environmental Plan 1985 (Amendment No 96)

Schedule 1 Amendments

Schedule 1 Amendments (Clause 4) [1] Clause 52A Omit the clause. Insert instead:

52A Classification and reclassification of public land as operational land (1) The public land described in Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause. (2) Land described in Part 1 of Schedule 4 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993. (3) Land described in Part 2 of Schedule 4: (a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and (b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land. (4) Land described in Columns 1 and 2 of Part 3 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except: (a) those (if any) specified for the land in Column 3 of Part 3 of Schedule 4, and (b) any reservations that except land out of a Crown grant relating to the land, and (c) reservations of minerals (within the meaning of the Crown Lands Act 1989).

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Muswellbrook Local Environmental Plan 1985 (Amendment No 96)

Amendments Schedule 1

(5) In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 4, means the local environmental plan that inserted the land description in that Part. (6) Before the relevant amending plan inserted a description of land into Part 3 of Schedule 4, the Governor approved of subclause (4) applying to the land. [2] Schedule 4 Omit the heading to the Schedule. Insert instead: Schedule 4 Classification and reclassification of public land as operational land (Clause 52A)

Part 1 Land classified, or reclassified, under original section 30 of Local Government Act 1993 [3] Schedule 4, Parts 2 and 3 Insert at the end of the Schedule:

Part 2 Land classified, or reclassified, under amended section 30 of Local Government Act 1993—interests not changed

Locality Description

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Muswellbrook Local Environmental Plan 1985 (Amendment No 96)

Schedule 1 Amendments

Part 3 Land classified, or reclassified, under amended section 30 of Local Government Act 1993—interests changed

Column 1 Column 2 Column 3 Any trusts etc not Locality Description discharged

Muswellbrook

Acacia Drive So much of Lot 4095, DP 794059, Nil. as is shown edged heavy black on Sheet 2 of the map marked “Muswellbrook Local Environmental Plan 1985 (Amendment No 96)”.

Shaw Crescent Lot 16, DP 28425, as shown edged Nil. heavy black on Sheet 1 of the map marked “Muswellbrook Local Environmental Plan 1985 (Amendment No 96)”.

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New South Wales

North Sydney Local Environmental Plan 2001 (Amendment No 13)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S02/01900/PC)

DIANE BEAMER, M.P., MinisterMinister Assisting the MinisterMinister forfor Infrastructure Infrastructure andand Planning (Planning Administration)Administration)

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Clause 1 North Sydney Local Environmental Plan 2001 (Amendment No 13)

North Sydney Local Environmental Plan 2001 (Amendment No 13) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is North Sydney Local Environmental Plan 2001 (Amendment No 13).

2 Aims of plan The aims of this plan are: (a) to remove the land to which this plan applies from Schedule 9 (Local open space reservations) under North Sydney Local Environmental Plan 2001 (the principal plan), and (b) to rezone the land to which this plan applies to Residential C under the principal plan, and (c) to establish an open space building line area on the land to which this plan applies.

3 Land to which plan applies This plan applies to the land known as Nos 11, 13, 15, 29 and 31 Belmont Avenue, Wollstonecraft, and Nos 6–8 Rocklands Road, Wollstonecraft, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 13)”, deposited at the office of .

4 Amendment of North Sydney Local Environmental Plan 2001 North Sydney Local Environmental Plan 2001 is amended as set out in Schedule 1.

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North Sydney Local Environmental Plan 2001 (Amendment No 13)

Amendments Schedule 1

Schedule 1 Amendments (Clause 4) [1] Clause 38A Insert after clause 38:

38A Open space building line area (1) Open space building line area objectives The specific objectives of the open space building line area controls are: (a) to maintain the established open landscaped setting provided by the area, and (b) to recognise and retain the scenic, environmental and cultural qualities of Newlands Lane, and (c) to encourage a native bushland setting for surrounding areas, and (d) to minimise built development in the area. (2) Open space building line area controls Despite any other provision of this plan, development must not be carried out within the open space building line area except for the purpose of: (a) landscaping by means only of planting shrubs or trees, or (b) fences with a height of no more than 900 millimetres, measured from existing ground level. (3) State Environmental Planning Policy No 1—Development Standards does not apply to a requirement made by subclause (2). (4) Definition In this clause: open space building line area means the land shown hatched in green on the map.

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North Sydney Local Environmental Plan 2001 (Amendment No 13)

Schedule 1 Amendments

[2] Schedule 2 Definitions Insert in appropriate order in the definition of map: North Sydney Local Environmental Plan 2001 (Amendment No 13) [3] Schedule 9 Local open space reservations Omit the matter relating to Nos 11, 13, 15, 29 and 31 Belmont Avenue, and Nos 6–8 Rocklands Road, Wollstonecraft.

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New South Wales

City of Local Environmental Plan 1990 (Amendment No 217)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (W03/00028/S69)

DIANE BEAMER, M.P., Minister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning Administration) and Planning (Planning Administration)

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Clause 1 City of Wollongong Local Environmental Plan 1990 (Amendment No 217)

City of Wollongong Local Environmental Plan 1990 (Amendment No 217) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is City of Wollongong Local Environmental Plan 1990 (Amendment No 217).

2 Aims of plan This plan aims to reclassify the land to which this plan applies from community land to operational land within the meaning of the Local Government Act 1993, with the effect that any public reserve status affecting the land ceases to apply to the land.

3 Land to which plan applies This plan applies to land situated in the City of Wollongong, being part of Lot 1, DP 502619, Waples Road, Unanderra, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 217)” deposited in the office of Wollongong City Council.

4 Amendment of City of Wollongong Local Environmental Plan 1990 The City of Wollongong Local Environmental Plan 1990 is amended by inserting at the end of Schedule 4B the following words: Part of Lot 1, DP 502619, Waples Road, Unanderra, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 217)”

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New South Wales

Woollahra Local Environmental Plan 1995 (Amendment No 47)

under the Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S03/01503/S69)

DIANE BEAMER, M.P., Minister Assisting thethe MinisterMinister for for Infrastructure Infrastructure and Planning (Planning Administration) and Planning (Planning Administration)

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Clause 1 Woollahra Local Environmental Plan 1995 (Amendment No 47)

Woollahra Local Environmental Plan 1995 (Amendment No 47) under the Environmental Planning and Assessment Act 1979

1 Name of plan This plan is Woollahra Local Environmental Plan 1995 (Amendment No 47).

2 Aims of plan The aims of this plan are: (a) to extend the boundary of the Watsons Bay Heritage Conservation Area, and (b) to correct anomalies relating to the identification of certain heritage items, and (c) to insert into Woollahra Local Environmental Plan 1995 savings and transitional provisions with respect to applications lodged, but not finally determined, before the commencement of this plan.

3 Land to which plan applies This plan applies to land within the local government area of Woollahra, being: (a) to the extent that it implements the aim referred to in clause 2 (a), the land shown edged heavy black on the map marked “Woollahra Local Environmental Plan 1995 (Amendment No 47)—Heritage Conservation Map”, deposited in the office of Woollahra Municipal Council, and (b) to the extent that it implements the aim referred to in clause 2 (b), the land shown coloured orange and edged heavy black on that map, and (c) to the extent that it implements the aim referred to in clause 2 (c), to the land to which Woollahra Local Environmental Plan 1995 applies.

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Woollahra Local Environmental Plan 1995 (Amendment No 47) Clause 4

4 Amendment of Woollahra Local Environmental Plan 1995 Woollahra Local Environmental Plan 1995 is amended as set out in Schedule 1.

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Woollahra Local Environmental Plan 1995 (Amendment No 47)

Schedule 1 Amendments

Schedule 1 Amendments (Clause 4) [1] Clause 37A Insert after clause 37:

37A Further savings and transitional provisions (1) A development application lodged with the Council, but not finally determined, before the commencement of Woollahra Local Environmental Plan 1995 (Amendment No 47) is to be determined as if that plan had been exhibited but had not been made. (2) An application to modify a consent under section 96 of the Environmental Planning and Assessment Act 1979 that is lodged but not finally determined before the commencement of Woollahra Local Environmental Plan 1995 (Amendment No 47) is to be determined as if that plan had been exhibited but had not been made. (3) An application to review a determination of an application under section 82A of the Environmental Planning and Assessment Act 1979 that is lodged but not finally determined before the commencement of Woollahra Local Environmental Plan 1995 (Amendment No 47) is to be determined as if that plan had been exhibited but had not been made. [2] Schedule 1 Definitions Insert in appropriate order in the definition of heritage conservation map: Woollahra Local Environmental Plan 1995 (Amendment No 47)—Heritage Conservation Map

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WATER ACT 1912 Dated this 8th day of January 2004. Order Under Section 113A JENNIFER WESTACOTT, Director General , Embargo on any Further Applications for Sub Surface Department of Infrastructure, Planning Water Licences – Deniliquin area. and Natural Resources. THE Water Administration Ministerial Corporation, being satisfied that the Water Shortage Zone (Groundwater Management Area 016) as shown in the Schedule is unlikely SCHEDULE to have any more water available than is sufficient to meet the All the area of lands bounded by the heavy line on the requirements of the licensees of the bores situated within that diagram hereunder: area and such other possible requirements for water from the area as have been determined by the Ministerial Corporation, Groundwater Management Area 016. now declares that on and from the date of publication of this Order in the Government Gazette no application for a licence for a bore to take water under Part 5 of the Water Act 1912, may be made except as specified below. This Order relates to all applications for licences other than applications for licences for: • Private domestic water supply bores, town or village water supply bores, farming purpose water supply bores (for the purpose of this paragraph “farming purposes” means the washing down of a dairy or piggery, the hosing down of poultry sheds and the washing of fruit or vegetables prior to transport to market etc. where the usage does not exceed 5 megalitres per annum, subject to environmental assessment). WATER ACT 1912 • Bores for stock water supply purposes (not associated with feedlots or piggeries), (for the purpose of this AN application under Part 2 of the Water Act 1912, being paragraph “stock” means stock of a number not within a proclaimed (declared) local area under section 5(4) exceeding the number depastured ordinarily on the of the Act. land having regard to seasonal fluctuations in the An application for a licence under section 10 of Part 2 of carrying capacity of the land and not held in close the Water Act 1912, has been received as follows: concentration for a purpose other than grazing). Murray River Valley • Replacement production bore licences where no additional entitlement is sought. Darren Mark MAHON-SMITH and Julia Narelle • Bores (including spearpoints) of less than 12 metres MAHON-SMITH for a pump on the Murray River on Lot depth where a test bore licence was active prior to 49, DP 751152, Parish of Moama, County of Cadell, for the date of this gazettal if the production bore licence stock and domestic purposes (new licence) (Reference: application is lodged within 12 months of the date of 50SL75613) (GA2:477295). this gazettal. Any enquiries regarding the above should be directed to • Bores for testing or monitoring purposes where there the undersigned (telephone: [03] 5881 9200). will be no extraction of groundwater, apart from that Written objections to the application specifying the required for water quality sampling and no entitlement grounds thereof may be made by any statutory authority or a is sought. local occupier within the proclaimed area and must be lodged • Bores (including spearpoints) for schemes specifically at the Department’s Office at Deniliquin within twenty-eight approved by the Department of Infrastructure, (28) days of the date of this publication. Planning and Natural Resources for de-watering L. J. HOLDEN, and / or salt interception, salt harvesting or saline Senior Natural Resource Officer, aquaculture purposes. Murray Region. • Water supply bores for experimental, research and/or Department of Infrastructure, Planning and teaching purposes (where the usage does not exceed Natural Resources, 20 megalitres per annum, subject to environmental PO Box 205, Deniliquin, NSW 2710. assessment). This Order replaces the previous order published in Government Gazette on 19 September 2003, which is hereby WATER ACT 1912 repealed. AN application for a licence under Part 2 of the Water Act Signed for the Water Administration Ministerial 1912, being within a proclaimed (declared) local area under Corporation. section 5(4) of the Act. NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 762 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 763

An application for a licence under section 10 of Part 2 of megalitres) (replacement application – additional works the Water Act 1912, has been received as follows: – no increase in authorised area or allocation) (Reference: GRA6322287-1) (GA2:476073). Lachlan River Valley Laurie Alan NEWMAN for a pump on unnamed Anthony Osborne McALARY for a pump on the Lachlan watercourses, Lot 4, DP 703190 and Lot 14, DP 832764, River on Lot 71/752329, Parish of Gurangully, County of Parish Bungawalbin, County Richmond, for irrigation of 31.5 Dowling, for water supply for irrigation of 16.66 hectares. hectares (47 megalitres) (replacement application – split of (summer/winter grain, cereal and cotton) (new licence existing licence – no increase in authorised area or allocation) – entitlement obtained by way of permanent transfer scheme) (Reference: GRA6322156) (GA2:476074). (Reference: 70SL090959) (GA2:466303). Peter John Paul ROBINSON for a pump on an unnamed Written objections specifying grounds thereof, may be made by any statutory authority or local occupier within the watercourse Lot 2, DP 703189, Parish Bungawalbin, County proclaimed local area whose interests may be effected must Richmond, for irrigation of 5 hectares (8 megalitres) be lodged with the Department within twenty-eight (28) days (replacement application – split of existing licence of the date of this publication as prescribed by the Act. – no increase in authorised area or allocation) (Reference: GRA6322158). VIV RUSSELL, Resource Access Manager, ROCHE GROUP PTY LIMITED for a dam on Jeogla Central West Region. Creek, Lot 13, DP 751459 and a dam on Rocky Creek, Lot 20, DP 751459, all Parish Jeogla, County Clarke, for Department of Infrastructure, Planning and conservation of water for stock purposes (new licence) Natural Resources, (Reference: GRA6104161) (GA2:476075). PO Box 136, Forbes, NSW 2871, tel.: (02) 6852 1222.

AN application for an authority for a joint water supply scheme under section 20 of the Water Act 1912, as amended, has been received from: WATER ACT 1912 BORAL RESOURCES (COUNTRY) PTY LTD and APPLICATIONS for a licence under section 10 of the Water ARMIDALE GOLF CLUB for a dam and two pumps on Act 1912, as amended, has been received from: Martins Gully, Lot 4, DP 713213 and Pt Crown road north Edwin Joseph WALE for a pump on an unnamed of Lot 4, DP 713213 (part Drew Street), for conservation of watercourse, Lot 2, DP 342334, Parish Coff, County water, water supply for industrial purposes (concrete plant) Fitzroy, for water supply for domestic purposes (new licence) and irrigation of 2 hectares (total 10 megalitres) (new licence (Reference: GRA6322263-1) (GA2:476071). – conversion to joint water supply authority – no increase in allocation) (Reference: GRA6322289). James Richard VOISEY and Joan Therese VOISEY for a pump on unnamed watercourses, Lot 2, DP 605944, Parish Any enquiries regarding the above should be directed to Condong, County Rous, for irrigation of 3 hectares (20 the undersigned (telephone: [02] 6640 2000). megalitres) (replacement application – relocation of pump Written objections specifying the grounds thereof must site – no increase in authorised area or allocation) (Reference: GRA6068317-1) (GA2:476072). be lodged within twenty-eight (28) days of the date of this publication as prescribed by the Act. Robert Eric McKAY and Gwenyth Ann McKAY for a dam on an unnamed watercourse and within Lot 1, DP 1053128, G. LOLLBACK, Parish Tyalgum, County Rous, for conservation of water Resource Access Manager, for stock and domestic purposes (new licence) (Reference: North Coast Region, GRA6322272-1). Grafton. James Michael DOWLING for a pump on South Arm Creek, Lot 200, DP 722630 and Lots 202, 203 and 204, DP 722634, Parish Bulga, County Macquarie, for irrigation of 5 WATER ACT 1912 hectares (24 megalitres) (new licence – entitlement by way of permanent transfer – in lieu of pervious advertisement) AN application under Part 2 within a proclaimed (declared) (Reference: 6133366) (GA2:476070). local area under section 5(4) of the Water Act 1912. C N S PTY LIMITED for a dam and two pumps on an Application for a licence under section 10 for works within unnamed watercourse, Lot 3, DP 852756 and Lot 4, DP a proclaimed (declared) local area as generally described 881884, for conservation of water and irrigation of 22 hectares hereunder have been received from: (151 megalitres) (replacement application – additional work Murrumbidgee Valley – increase in authorised area/allocation by way of permanent transfer – in lieu of previous advertisement) (Reference: IDAMENEO (No. 122) PTY LIMITED for an existing 6134485). earthen dam on an unnamed watercourse, Lot 207, DP 753614, Parish of Cunningar, County of Harden, for Peter John ELLIS for a pump on Blaxlands Creek, Lot 2, conservation of water for domestic and stock purposes. DP 175302, Lots 55, 78, 79, 80 and 81, DP 752844 and a dam (new licence) (Reference: 40SL70945). and a pump on an unnamed watercourse, Lot 2, DP 175302 and Lot 55, DP 752844, Parish Toothill, County Fitzroy, Any inquiries regarding the above should be directed to for conservation of water and irrigation of 40 hectares (60 the undersigned (telephone: [02] 6953 0700). NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 764 OFFICIAL NOTICES 20 February 2004

Formal objections to the application specifying the WATER ACT 1912 grounds thereof, may be made by any statutory authority APPLICATIONS under Part 2 being within a proclaimed or a local occupier within the proclaimed area and must be (declared) local area under section 10 of the Water Act 1912, lodged with the Department’s Regional Director at Leeton as amended. within the twenty-eight (28) days as fixed by the Act. Applications for a licence for works within a proclaimed S. F. WEBB, local area as generally described hereunder has been received Resource Access Manager, as follows: Murrumbidgee Region. Gwydir River Valley Department Infrastructure, Planning and Natural Resources, Francis Patrick MARSDEN for a pump on Roumalla PO Box 156, Leeton, NSW 2705. Creek located on a Crown Land adjacent to Lot 92, DP 753641, Parish of Baldwin, County of Hardinge, for domestic purposes (new licence) (LO Papers: 90SL100741) (GA2: WATER ACT 1912 472141). AN application for a licence under Part 5 of the Water Act Namoi River Valley 1912, as amended, has been received as follows: PECHELBA PTY LTD for two pumps on the Namoi River Murrumbidgee Valley on Lot 39, DP 753929 and Lot 63, DP 753929, a bywash dam and a pump on an unnamed watercourse on Lot 62, DP Craig Allen McGRATH and Gayle Diane McGRATH for 753929 and a pump on Myall Camp, Warrambool, on Lot 26, a bore on Lot 74, DP 757258, Parish of Willie Ploma, County DP 753929, all Parish of Drildool, County of Jamison, for of Wynyard, for stock, domestic and irrigation purposes water supply for stock and domestic purposes and irrigation (lucerne, cereals and vines) (readvertised – incorrect site of 219.5 hectares (cotton, oilseed and grain) (this application description – new licence) (Reference: 40BL189293). seeks to permanently transfer and combine 245 megalitres of Written submissions of support or objections with grounds existing Namoi River entitlement) (LO Papers: 90SL100739) stating how your interest may be affected must be lodged (GA2:472143). before 22nd March 2004, as prescribed by the Act. Henry Arthur WALTERS and Carol Ann WALTERS for S. F. WEBB, a pump on Quirindi Creek on a public road adjoining Lot Resource Access Manager, 1, DP 615962, Parish of Wallabadah, County of Buckland, Murrumbidgee Region. for stock and domestic purposes (new licence) (LO Papers: 90SL100735) (GA2:472142). Department of Infrastructure, Planning and Natural Resources, Written objections to the applications specifying the PO Box 156, Leeton, NSW 2705. grounds thereof may be made by any statutory authority or local occupier within the proclaimed (declared) area, whose interest may be affected and must be lodged with the WATER ACT 1912 Department’s Manager, Resource Access, Tamworth, within twenty-eight (28) days as specified in the Act. Notice Pursuant to Section 20z GEOFF CAMERON, THE Water Administration Ministerial Corporation notifies Manager, the holders of entitlements (licences, authorities, irrigation Resource Access. corporations, group licences and rights under section 38B) used for the taking of General Security water, that water Department of Infrastructure, Planning and allocations under the Murray River Volumetric Water Natural Resources, Allocations Scheme are limited to 55 percent (%) until PO Box 550, Tamworth, NSW 2340. further notice. Dated this 16th day of February 2004. Signed for the Water Administration Ministerial Corporation. DAVID HARRISS, Regional Director, Murray/Murrumbidgee Region, Department of Infrastructure, Planning and Natural Resources (by delegation).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 20 February 2004 OFFICIAL NOTICES 765

Department of Lands

BOARD OF SURVEYING AND SPATIAL INFORMATION Panorama Avenue (PO Box 143), Bathurst, NSW 2795 Phone: (02) 6332 8238 Fax: (02) 6332 8240

ERRATUM SURVEYING ACT 2002 Registration of Surveyors IN the Government Gazette of 2 January 2004, the name of Mr Robert Ivan HORTON, was inadvertently removed from the Register of Surveyors. Mr Robert Ivan HORTON is a Land Surveyor registered under the Surveying Act 2002. G. K. A. LEATHERLAND, Registrar. W. A. WATKINS, President.

DUBBO OFFICE 142 Brisbane Street (PO Box 865), Dubbo, NSW 2830 Phone: (02) 6841 5200 Fax: (02) 6841 5231

APPOINTMENT OF TRUST BOARD MEMBERS Term of Office PURSUANT to section 93 of the Crown Lands Act 1989, For a term commencing 1 May 2004 and expiring 30 the persons whose names are specified in Column 1 of the April 2009. Schedules hereunder are appointed, for the terms of office specified thereunder, as members of the trust board for the reserve trust specified opposite thereto in Column 2, which SCHEDULE 3 has been established and appointed as trustee of the reserve COLUMN 1 COLUMN 2 COLUMN 3 referred to opposite thereto in Column 3 of the Schedules. Anthony James Lake Burrendong Dedication No.: 1001355. TONY KELLY, M.L.C., FITZSIMMONS State Park Trust. Public Purpose: Public Minister Assisting the Minister for (re-appointment), recreation. Natural Resources (Lands) Eris Patricia Notified: 1 June 1997. THORPE File No.: DB97 R 4/3. (re-appointment), SCHEDULE 1 John William NICHOLAS COLUMN 1 COLUMN 2 COLUMN 3 (re-appointment), Audrey NADEN Balladoran Public Reserve No.: 58160. Michael John (re-appointment), Hall Trust. Public Purpose: Public hall. MADDEN Ralph NADEN Notified: 10 July 1925. (re-appointment), (re-appointment), File No.: DB81 R 14/3. Rosslyn Jean Deidrie NADEN JOSEPH (re-appointment), (re-appointment), Kim NADEN Hazel Jean ALTHOFER (re-appointment). (re-appointment), The person for the time being Term of Office holding the office of For a term commencing this day and expiring 19 February Director, Technical Services, 2009. (ex-officio member). Term of Office SCHEDULE 2 COLUMN 1 COLUMN 2 COLUMN 3 For a term commencing 1 May 2004 and expiring 30 Austin James Pyramul Recreation Dedication No.: 520117. April 2009. CROAKE Reserve Trust. Public Purpose: Public (re-appointment), recreation. Tony Clive PRICE Notified: 17 October 1876. (re-appointment), File No.: DB80 R 183/3. Darryl Lyle CROAKE (re-appointment).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 766 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 767

FAR WEST REGIONAL OFFICE 45 Wingewarra Street (PO Box 1840), Dubbo, NSW 2830 Phone: (02) 6883 3000 Fax: (02) 6883 3099

ALTERATION OF CONDITIONS OF A APPOINTMENT OF TRUST BOARD MEMBERS WESTERN LANDS LEASE PURSUANT to section 93 of the Crown Lands Act 1989, IT is hereby notified that in pursuance of the provisions of the persons whose names are specified in Column 1 of the section 18J, Western Lands Act 1901, the conditions of the Schedule hereunder are appointed, for the terms of office undermentioned Western Lands Lease have been altered as specified thereunder, as members of the trust board for the shown. reserve trust specified opposite thereto in Column 2, which has been established and appointed as trustee of the reserve CRAIG KNOWLES, M.P., referred to opposite thereto in Column 3 of the Schedule. Minister for Infrastructure and Planning and Minister for Natural Resources TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands) Administrative District – Balranald; Shire – Balranald; Parish – Coolena; County – Taila. SCHEDULE The conditions of Western Lands Leases No. 5055 being the lands contained within Folio Identifiers 2, 3 and 4/756084; COLUMN 1 COLUMN 2 COLUMN 3 1, 2, 3, 5 and 6/756104; 1, 2, 3, 4, 5 and 8/756114 and 2, 7 Colleen Patricia Hatfield Recreation Reserve No.: 97368. and 8/756075, have been altered effective from 12 February PIPPIN Reserve Trust. Public Purpose: Public (re-appointment), recreation. 2004, by the inclusion of the special conditions following. Patricia Mary Notified: 3 August 1984. The conservation area indicated in the special conditions WILLIAMS File No.: WL90 R 25. comprises 353 hectares. (new member), Aubrey Russell Special Conditions Attached To Western Lands Keith NIELD Lease 5055 (new member), Colin Aubrey 1. The lessee shall erect and maintain a domestic stock proof ARMSTRONG standard fence surrounding the areas shown hatched on (new member), the diagram hereunder and ensure the areas remain Gary David BUTLER ungrazed by both domestic stock and feral animals. (re-appointment), Amanda Jane 2. The lessee shall not clear any vegetation or remove any TRIPCONY timber within the areas shown hatched on the diagram (new member), hereunder unless written approval has been granted by Rex Henry SCOTT. either the Commissioner or the Minister. Term of Office 3. The lessee shall manage the areas shown hatched on the For a term commencing 21 February 2004 and expiring diagram hereunder in accordance with best management 20 February 2009. practices specified in the document known as “Southern Mallee Regional Guidelines for the Development of Land Use Agreements”. 4. Special Condition 1 above shall be revoked, upon application by the lessee, in the event of the revocation of Cultivation Consent for any reason other than a breach of Consent condition(s).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 766 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 767

GOULBURN OFFICE 159 Auburn Street (PO Box 748), Goulburn, NSW 2580 Phone: (02) 4828 6725 Fax: (02) 4828 6730

NOTIFICATION OF CLOSING OF A ROAD Description IN pursuance of the provisions of the Roads Act 1993, the Parish – Collector; County – Argyle; roads hereunder described are closed and the land comprised Land District – Goulburn; Council – . therein ceases to be a public road and the rights of passage and access that previously existed in relation to the roads Lot 5, DP 1062152. are extinguished. File No.: GB02 H 313:MB. TONY KELLY, M.L.C., Note: On closing the land in Lot 5, DP 1062152 remains Minister Assisting the Minister for land vested in the Crown as Crown Land. Natural Resources (Lands)

GRAFTON OFFICE 76 Victoria Street (Locked Bag 10), Grafton, NSW 2460 Phone: (02) 6640 2000 Fax: (02) 6640 2035

ESTABLISHMENT OF RESERVE TRUST ADDITION TO RESERVED CROWN LAND PURSUANT to section 92(1) of the Crown Lands Act 1989, PURSUANT to section 88 of the Crown Lands Act 1989, the reserve trust specified in Column 1 of the Schedule the Crown Land specified in Column 1 of the Schedule hereunder, is established under the name stated in that hereunder, is added to the reserved land specified opposite Column and is appointed as trustee of the reserves specified thereto in Column 2 of the Schedule. opposite thereto in Column 2 of the Schedule. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister Assisting the Minister for Minister Assisting the Minister for Natural Resources (Lands) Natural Resources (Lands)

SCHEDULE SCHEDULE COLUMN 1 COLUMN 2 COLUMN 1 COLUMN 2 Land District: Bellingen. Reserve No. 89336. Dorroughby Grass Reserve Reserve No.: 58949. Local Government Area: Public Purpose: Public hall. Trust. Public Purpose: Public Council. Notified: 13 December 1974. recreation. Locality: Kalang. Lot 179, DP No. 755535, Notified: 18 June 1926. Lot Part 11, DP No. 1029042, Parish Belmore, Reserve No.: 54361. Parish Belmore, County Raleigh, County Raleigh; Public Purpose: Quarantine. as shown by hatching in the Lot Part 11, DP No. 1029042, Notified: 14 January 1921. diagram below. Parish Belmore, File No.: GF03 R 26. Area: 414.7 square metres. County Raleigh. File No.: GF97 R 41. New Area: 4467 square metres.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 768 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 769

GRIFFITH OFFICE 2nd Floor, Griffith City Plaza, 120–130 Banna Avenue (PO Box 1030), Griffith NSW 2680 Phone: (02) 6962 7522 Fax: (02) 6962 5670

NOTIFICATION OF CLOSING OF PUBLIC Land District – Narrandera; ROAD Local Government Area – Narrandera. IN pursuance of the provisions of the Roads Act 1993, the Road being Lot 1, DP 1060379, Parish Narrandera, County road hereunder described is closed and the land comprised Cooper. therein ceases to be a public road and the rights of passage and access that previously existed in relation to the road are File No.: GH94 H 35. extinguished. Council Reference: 02848. TONY KELLY, M.L.C., Note: On closing, the land within the former road remains Minister Assisting the Minister for vested in Council as operational Natural Resources (Lands) land for the purposes of the Local Government Act 1993.

Descriptions Land District – Narrandera; Local Government Area – Murrumbidgee. Road being Lot 1, DP 1063621, Parish Waddi, County Boyd. File No.: GH00 H 77. Council Reference: PG:EG.R5. Note: On closing, the land within the former road remains vested in Murrrumbidgee Shire Council as operational land for the purposes of the Local Government Act 1993.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 768 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 769

MAITLAND OFFICE Newcastle Road (PO Box 6), East Maitland, NSW 2323 Phone: (02) 4937 9300 Fax: (02) 4934 2252

PLAN OF MANAGEMENT FOR CROWN RESERVE NOTIFICATION OF CLOSING OF ROAD UNDER DIVISION 6 OF PART 5 OF THE CROWN LANDS ACT 1989 AND CROWN LANDS IN pursuance of the provisions of the Roads Act 1993, the REGULATION 2000 road hereunder described is closed and the land comprised therein ceases to be a public road and the rights of passage A Draft Plan of Management has been prepared for the Crown and access that previously existed in relation to the road are Land described hereunder. extinguished. Inspection of the draft plan can be made at Gosford Council TONY KELLY, M.L.C.; Customer Service Building – Mann Street, Gosford, Erina Minister Assisting the Minister for Library – Erina Fair, Woy Woy Library, Kincumber Library Natural Resources (Lands) and at Department Lands, Cnr Newcastle Road and Banks Street, East Maitland, during normal business hours. The draft plan will be on exhibition from 23 February Description 2004 to 22 March 2004, with a further two weeks provided Parish – Stowell; County – Gloucester; for submission of comments (concluding 4:00 p.m., 9 April Land District – Newcastle; 2004). Comments on the draft plan are invited from the Local Government Area – Port Stephens. public and may be submitted in writing to John Ferguson, Recreation Services, Gosford City Council, PO Box 21, Road Closed: Lot 1, DP 1061256 at Williamtown. Gosford, NSW 2250. File No.: MD02 H 69. TONY KELLY, M.L.C., Note: On closing, the land within Lot 1, DP 1061256 will Minister Assisting the Minister for remain land vested in the Crown as Crown Land. Natural Resources (Lands)

Description of land Land District – Gosford; Council Area – Gosford City; Parish – Kincumber; County – Northumberland. Lot 7035, DP 102324 being the Crown Reserve 64760 for public recreation known as Saratoga Recreation Area and Wetland. Location: Saratoga. File No.: MD81 R 60.

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ORANGE OFFICE 92 Kite Street (PO Box 2146), Orange NSW 2800 Phone: (02) 6393 4300 Fax: (02) 6362 3896

ROADS ACT 1993 NOTIFICATION OF CLOSING OF A ROAD ORDER IN pursuance of the provisions of the Roads Act 1993, the road hereunder specified is closed and the road ceases to Transfer of Crown Road to a Council be public road and the rights of passage and access that IN pursuance of the provisions of section 151, Roads Act previously existed in relation to the road are extinguished. 1993, the Crown public roads specified in Schedule 1 are TONY KELLY, M.L.C., transferred to the Roads Authority specified in Schedule 2, Minister Assisting the Minister for hereunder, as from the date of publication of this notice and Natural Resources (Lands) as from that date, the roads specified in Schedule 1 cease to be Crown public roads. TONY KELLY, M.L.C., Descriptions Minister Assisting the Minister for Natural Resources (Lands) Land District and Shire of Lithgow Road Closed: Lot 10, DP 1060003, Parish Kanimbla, County Cook. SCHEDULE 1 File No.: OE03 H 222. The Crown public road part east of Lot 73 in Deposited Plan 753078 in Parish Cadow, County Gipps and Land Note: On closing the land remains vested in the Crown as District of Forbes. Crown Land. File No.: OE03 H 314. Land District of Bathurst and L.G.A. – Oberon

SCHEDULE 2 Road Closed: Lot 4, Deposited Plan 1033555, Parish Kendale, County Westmoreland. Road Authority: Forbes Council. File No.: OE03 H 122. Note: On closing, the land within Lot 4 in DP 1033555 remains vested in as operational land for the purposes of the Local Government Act 1993. Council’s Reference: PR59.397.

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SYDNEY METROPOLITAN OFFICE Level 12, Macquarie Tower, 10 Valentine Avenue, Parramatta 2150 (PO Box 3935), Parramatta, NSW 2124 Phone: (02) 9895 7657 Fax: (02) 9895 6227

DECLARATION OF LAND TO BE CROWN (R1009989, R1009991 & R1009992) Reserve Trust” and LAND insert the words “Lower Prospect Canal Reserve (R1009989, R1009991 & R1009992) Reserve Trust” in lieu thereof. PURSUANT to section 138 of the Crown Lands Act 1989, the land described in the Schedule hereunder, is declared to File No.: MN03 R 27. be Crown Land within the meaning of that Act. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister Assisting the Minister for Minister Assisting the Minister for Natural Resources (Lands) Natural Resources (Lands)

SCHEDULE RESERVATION OF CROWN LAND PURSUANT to section 87 of the Crown Lands Act 1989, Description the Crown Land specified in Column 1 of the Schedule Land District – Metropolitan; Parish – Narrabeen; hereunder, is reserved as specified opposite thereto in Column Shire – Pittwater; County – Cumberland. 2 of the Schedule. Consisting of about 651 square metres of land formally TONY KELLY, M.L.C., owned by Rydge Marine Pty Limited being Lot 1 in Deposited Minister Assisting the Minister for Plan 838087. Natural Resources (Lands) File No.: MN02 H 282.

SCHEDULE COLUMN 1 COLUMN 2 ERRATA Land District: Metropolitan. Reserve No. 1010029. IN the notifications appearing in the Government Gazette L.G.A.: . From Sale. of the 6 February 2004, Folio 460, under the heading Locality: Pittwater. Lot 1, DP 838087. “Declaration of Land to be Crown Land” in the Schedule Parish: Narrabeen. after the words “Property Description;” delete the words and County: Cumberland. numerals “Lots 2, 4, 6, 8, 10, 12, 14, 16 & 18 DP 221011; Area: 651 square metres. 2, 4, 6, 8, 10, 12, 14, 16 & 18 DP 221011” and insert in lieu File No.: MN02 H 282. thereof the following words and numerals “Lots 2, 4, 6, 8, 10, 12, 14, 16 & 18 DP 221011;”. File No.: MN03 R 27. DECLARATION OF LAND TO BE CROWN TONY KELLY, M.L.C., LAND Minister Assisting the Minister for Natural Resources (Lands) PURSUANT to section 138 of the Crown Lands Act 1989, the land described in the Schedule hereunder, is declared to be Crown Land within the meaning of that Act.

IN the notifications appearing in the Government Gazette TONY KELLY, M.L.C., of the 6 February 2004, Folio 461, under the heading Minister Assisting the Minister for “Reservation of Crown Land” and detailing Reservation Natural Resources (Lands) No. 1009989 in Column 1 of the Schedules after the words “1, DP225809” insert the words “excluding road”. SCHEDULE File No.: MN03 R 27. Land in Certificate of Title Folio Identifier 1/838087. TONY KELLY, M.L.C., Minister Assisting the Minister for Land District: Metropolitan. Natural Resources (Lands) Local Government Area: Pittwater. Parish: Narrabeen. IN the notifications appearing in the Government Gazette County: Cumberland. of the 6 February 2004, Folio 460, under the heading 651 square metres being Lot 1, DP 838087. “Establishment of Reserve Trust” in Column 1 of the Schedules delete the words “Lower Prospect Canal File No.: MN02 H 282.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 772 OFFICIAL NOTICES 20 February 2004

ROADS ACT 1993 NOTIFICATION OF CLOSING OF ROAD ORDER IN pursuance of the provisions of the Roads Act 1993, the Transfer of a Crown Road to Council road hereunder specified is closed and the road ceases to IN pursuance of the provisions of section 151, Roads Act be public road and the rights of passage and access that 1993, the Crown road specified in Schedule 1 is transferred previously existed in relation to the road are extinguished. to the Roads Authority specified in Schedule 2, hereunder, TONY KELLY, M.L.C., as from the date of publication of this notice and as from Minister Assisting the Minister for that date the road specified in Schedule 1 ceases to be a Natural Resources (Lands) Crown road. TONY KELLY, M.L.C., Minister Assisting the Minister for Description Natural Resources (Lands) Land District – Windsor; L.G.A. – Baulkham Hills.

SCHEDULE 1 Lots 1 and 2, DP 1063296 at Maroota, Parish Maroota, County Cumberland. Land District – Metropolitan; Local Government Area – Randwick; Parish – Botany; File No.: MN00 H 216. County – Cumberland. Notes: 1] On closing, titles for the land in Lots 1 and 2 remain The pathway 3.05 metres wide extending southeasterly vested in the Crown. from Fenton Avenue, Maroubra, to the northwestern boundary of Lot 1020, DP 752015. 2] The road is closed subject to Right of Carriageway 10 wide as shown in DP 1063296.

SCHEDULE 2 Roads Authority: Randwick City Council. File No.: MN89 H 1194.

TAREE OFFICE 98 Victoria Street (PO Box 440), Taree, NSW 2430 Phone: (02) 6552 2788 Fax: (02) 6552 2816

ERRATUM ROADS ACT 1993 IN the notice appearing in the Government Gazette No. ORDER 35, dated 13 February 2004, Folio 679, under the heading ‘Establishment of Reserve Trust’ in Column 1 of the Schedule Transfer of Crown Road to a Council delete (R101008) and replace with (R1010008). IN pursuance of the provisions of section 151 of the Act, the File No.: TE04 R 5. Crown road specified in Schedule 1 is transferred to the roads authority specified in Schedule 2 hereunder, as from the date TONY KELLY, M.L.C., of publication of this notice and as from that date the road Minister Assisting the Minister for specified in Schedule 1 ceases to be a Crown road. Natural Resources (Lands) TONY KELLY, M.L.C., Minister Assisting the Minister for Natural Resources (Lands)

SCHEDULE 1 The Crown public road commencing at Wingham Road and extending to a point 10 metres north of the northern boundary of Lot 1, DP 241890, Parish Taree, County Macquarie at Taree (known as Marie Avenue).

SCHEDULE 2 Roads Authority: Greater Taree City Council. File No.: TE04 H 33. Council Reference: R3170 RCL:

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Department of Mineral Resources

NOTICE is given that the following applications have been (T01-0063) received: Exploration Licence No. 5850, SPAR RESOURCES PTY EXPLORATION LICENCE APPLICATIONS LTD (ACN 066 309 528), County of Murray, Map Sheet (T04-0024) (8727), area of 4 units, for a further term until 2 May 2005. Renewal effective on and from 12 February 2004. No. 2288, PARADIGM NSW PTY LTD (ACN 099 477 979), area of 9 units, for Group 1, dated 9 February 2004. (T01-0119) (Sydney Mining Division). Exploration Licence No. 5889, GOLDEN CROSS (T04-0025) OPERATIONS PTY LTD (ACN 050 212 827), County of No. 2289, ROCKWELL RESOURCES PTY LIMITED Wynyard, Map Sheet (8427), area of 23 units, for a further (ACN 107 798 998), area of 100 units, for Group 1 and Group term until 6 September 2005. Renewal effective on and from 6, dated 9 February 2004. (Broken Hill Mining Division). 12 February 2004. (T04-0026) KERRY HICKEY, M.P., No. 2290, SOUTHERN TITANIUM NL (ACN 063 389 Minister for Mineral Resources 079), area of 288 units, for Group 10, dated 12 February 2004. (Broken Hill Mining Division). (T04-0028) TRANSFERS No. 2291, HERITAGE GOLD NZ LTD (ACN 009 474 (T03-0959) 702), area of 22 units, for Group 1, dated 13 February 2004. Mining Lease No. 1105 (Act 1973), formerly held (Broken Hill Mining Division). by MINERALS CORPORATION LIMITED (ACN 002 KERRY HICKEY, M.P., 529 160) has been transferred to UNIMIN AUSTRALIA Minister for Mineral Resources LIMITED (ACN 000 971 844). The transfer was registered on 4 February 2004. NOTICE is given that the following applications have been (T03-0959) granted: Mineral Lease No. 5065 (Act 1906), formerly held EXPLORATION LICENCE APPLICATIONS by MINERALS CORPORATION LIMITED (ACN 002 (T03-0847) 529 160) has been transferred to UNIMIN AUSTRALIA LIMITED (ACN 000 971 844). The transfer was registered No. 2170, now Exploration Licence No. 6188, on 4 February 2004. PLATSEARCH NL (ACN 003 254 395) and EAGLEHAWK GEOLOGICAL CONSULTING PTY LTD (ACN 061 324 (T03-0959) 454), Counties of Farnell, Mootwingee and Yancowinna, Map Mineral Lease No. 5106 (Act 1906), formerly held Sheets (7234 and 7235), area of 44 units, for Group 1, dated by MINERALS CORPORATION LIMITED (ACN 002 4 February 2004, for a term until 3 February 2006. 529 160) has been transferred to UNIMIN AUSTRALIA (T03-0855) LIMITED (ACN 000 971 844). The transfer was registered No. 2176, now Exploration Licence No. 6189, VIDORO on 4 February 2004. PTY LTD (ACN 094 217 482), County of Farnell, Map Sheet (T03-0959) (7135), area of 12 units, for Group 1, dated 4 February 2004, Mineral Lease No. 6001 (Act 1906), formerly held for a term until 3 February 2006. by MINERALS CORPORATION LIMITED (ACN 002 (T03-0856) 529 160) has been transferred to UNIMIN AUSTRALIA No. 2177, now Exploration Licence No. 6190, VIDORO LIMITED (ACN 000 971 844). The transfer was registered PTY LTD (ACN 094 217 482), County of Farnell, Map on 4 February 2004. Sheets (7134 and 7135), area of 44 units, for Group 1, dated (T03-0959) 4 February 2004, for a term until 3 February 2006. Mineral Lease No. 6191 (Act 1906), formerly held KERRY HICKEY, M.P., by MINERALS CORPORATION LIMITED (ACN 002 Minister for Mineral Resources 529 160) has been transferred to UNIMIN AUSTRALIA LIMITED (ACN 000 971 844). The transfer was registered RENEWAL OF CERTAIN AUTHORITIES on 4 February 2004. NOTICE is given that the following authorities have been KERRY HICKEY, M.P., renewed: Minister for Mineral Resources (C01-0591) Exploration Licence No. 5573, ULAN COAL MINES LIMITED (ACN 000 189 248), County of Bligh, Map Sheet (8833), area of 5670 hectares, for a further term until 27 February 2007. Renewal effective on and from 9 February 2004.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 774 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 775

Roads and Traffic Authority

ROADS ACT 1993

Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation 1996

Port Stephens Council, in pursuance of Division 2 of Part 3 of the Road Transport (Mass, Loading & Access) Regulation 1996, by this Notice specify the routes and areas on or in which B-Double s may be used subject to any requirements or condition set out in the Schedule.

Peter Gesling General Manager (By delegation from the Minister for Roads)

______

SCHEDULE

1. Citation This Notice may be cited as the Port Stephens Council B-Double Notice No 1, 2004.

2. Commencement This Notice takes effect from the date of gazettal.

3. Effect This Notice remains in force unless it is amended or repealed.

4. Application This Notice applies to B-Doubles which comply with Schedule 1 to the Road Transport (Mass, Loading & Access) Regulation 1996 and Schedule 4 to the Road Transport (Vehicle Registration) Regulation 1998.

5. Routes B-Doubles routes within the Port Stephens Council

Type Road No Road Name Starting Point Finishing Point Conditions 25 000 Port Stephens Street, William Bailey Bourke Street Raymond Terrace Street - (MR104)

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25 000 Clarencetown Road, Brandy Hill Drive Mooghin Road Seaham 25 7754 Lemon Tree Passage Nelson Bay Road – H/No. 69 Ryan Road, Salt Ash (MR108) Poultry Farm entrance 19 000 Clarencetown Road, Mooghin Road Dungog / Port Seaham to Stephens shire Clarencetown boundary 19 000 Grahamstown Road, Richardson Road – Lisadell Road Campvale (MR104) 19 000 Lisadell Road, Grahamstown Road Abundance Road Medowie 19 000 Hinton Road, Hinton Seaham Road - High Street (MR301) 19 000 Ralston Road, Nelsons Seaham Road - Ekert Poultry Farm Plains (MR301) entrance 19 000 High Street, Wallalong Hinton Road McClymonts Swamp Road 19 000 McClymonts Swamp High Street Flynn’s Poultry Road, Wallalong Farm entrance 19 000 Swan Bay Road, Swan Pacific Highway Lillies Road Bay (SH10) 19 000 Lillies Road, Swan Bay Swan Bay Road Shalalo Poultry Farm entrance

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 776 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 777

ROADS ACT 1993

Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation 1996

I, Paul Forward, Chief Executive of the Roads and Traffic Authority, in pursuance to Division 2 of Part 3 of the Road Transport (Mass, Loading and Access) Regulation 1996, specify the routes and areas on or in which B-Doubles may be used subject to any requirements or conditions set out in the Schedule.

Paul Forward Chief Executive Roads and Traffic Authority

______

SCHEDULE

Citation This Notice may be cited as the Roads and Traffic Authority 19 Metre B-Doubles Notice No 1/2004.

Commencement This Notice takes effect from the date of gazettal.

Effect This Notice remains in force until 1 January 2009 unless it is amended or repealed earlier.

Application This Notice applies to those 19 metre B-Doubles whose gross weight exceeds 50 tonnes and which comply with Schedule 1 to the Road Transport (Mass, Loading and Access) Regulation 1996 and Schedule 4 to the Road Transport (Vehicle Registration) Regulation 1998.

Routes 19 Metre B-Double Routes Where Gross Weight Exceeds 50 Tonnes

Type Rd No Road Name Starting Point Finishing Point Conditions 19 004 Snowy Mountains Truck Parking area at Truck Parking areas at Hwy, Brown Mtn the bottom of Brown the top of Brown Mountain Mountain

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 776 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 777

ROADS ACT 1993

Notice under Clause 17 of the Road Transport (Mass, Loading and Access) Regulation 1996

I, Paul Forward, Chief Executive of the Roads and Traffic Authority, in pursuance to Division 2 of Part 3 of the Road Transport (Mass, Loading and Access) Regulation 1996, specify the routes and areas on or in which B-Doubles may be used subject to any requirements or conditions set out in the Schedule.

Paul Forward Chief Executive Roads and Traffic Authority

______

SCHEDULE

Citation This Notice may be cited as the Roads and Traffic Authority 25 metre B-Doubles Notice No 1/2004.

Commencement This Notice takes effect from the date of gazettal.

Effect This Notice remains in force for a period of six months after the date of gazettal unless it is amended or repealed earlier.

Application This Notice applies to those 25 metre B-Doubles that comply with Schedule 1 to the Road Transport (Mass, Loading and Access) Regulation 1996 and Schedule 4 to the Road Transport (Vehicle Registration) Regulation 1998.

Routes 25 metre B-Double Routes in New South Wales – Sydney Region

Type Road No Road Name Starting Point Finishing Point Conditions Western Distributor, Bathurst St Western Gate 8 ‘North’ See the Table off-ramp, Wheat Rd, Shelley St, Distributor at Hickson Rd Darling below. Sussex St to Gate 8 (North) Pyrmont Bridge Harbour Hickson Rd. Rd, Pyrmont Exit via Hickson Rd, Sussex St Western Distributor on-ramp (Sussex/Market Sts), Western Distributor Travel only in described direction

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Conditions for B-Double travel on Hickson Rd: �� No operation between the hours of 10.30pm to 6.00am daily. �� Approval for B-Double access to and egress from the terminal (Gate 8 (North)) used by the Spirit of Tasmania is for a six-month trial only. �� Access/egress via Gate 8 (North) only. �� If any unsafe operations of B-Doubles on the approved route, or while going into or out of the terminal facilities on Hickson Rd are identified, B-Double access approval may be withdrawn until those unsafe practices have been addressed to the satisfaction of the RTA.

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ROADS ACT 1993 ROADS ACT 1993

LAND ACQUISITION (JUST TERMS LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 COMPENSATION) ACT 1991

Notice of Compulsory Acquisition of Land the subject of Notice of Compulsory Acquisition of Land at Wollongbar a road widening order at Kellyville in the Baulkham Hills and Alstonville in the Council area Shire Council area THE Roads and Traffic Authority of New South Wales by THE Roads and Traffic Authority of New South Wales by its delegate declares, with the approval of Her Excellency its delegate declares, with the approval of Her Excellency the Governor, that the land described in the Schedule the Governor, that the land described in the Schedule below is acquired by compulsory process under the below is acquired, pursuant to Section 203 of the Roads provisions of the Land Acquisition (Just Terms Act 1993, by compulsory process under the provisions of Compensation) Act 1991 for the purposes of the Roads the Land Acquisition (Just Terms Compensation) Act Act 1993. 1991. (The land is now public road by operation of Section 14 of the Roads Act 1993.) T D Craig Manager, Compulsory Acquisition & Road Dedication T D Craig Roads and Traffic Authority of New South Wales Manager, Compulsory Acquisition & Road Dedication ______Roads and Traffic Authority of New South Wales ______SCHEDULE

SCHEDULE ALL those pieces or parcels of land situated in the Ballina Shire Council area, Parish of Tuckombil and County of ALL that piece or parcel of land situated in the Baulkham Rous, shown as; Hills Shire Council area, Parish of Castle Hill and County of Cumberland, shown as Lot 13 Deposited Plan 1033924, Lot 37 Deposited Plan 1059476, being part of the land in being the whole of the land in Certificate of Title Certificate of Title 2/777630, excluding from the 13/1033924. compulsory acquisition of Lot 37 the right of carriageway 20 wide created by Deposited Plan 777630 and shown The land is said to be in the possession of Mario Iezza and designated (C) on sheet 4 of Deposited Plan 1059476; Silvana Iezza (registered proprietors) and St. George Bank Limited (mortgagee). Lot 38 Deposited Plan 1059476, being part of the land in Certificate of Title 82/800199; and (RTA Papers FPP 3M6163; RO 31.12269) Lot 21 Deposited Plan 1059499, being part of the land in Certificate of Title 17/258150.

The land is said to be in the possession of Ballina Shire Council.

(RTA Papers FPP 3M5911; RO 16/23.1287)

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���������������������������������������� 780 OFFICIAL NOTICES 20 February 2004

ROADS ACT 1993 ROADS ACT 1993

LAND ACQUISITION (JUST TERMS LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 COMPENSATION) ACT 1991

Notice of Compulsory Acquisition of Land Notice of Compulsory Acquisition of Land at at Sandigo in the Narrandera Shire Council area Cumbalum in the Ballina Shire Council area

THE Roads and Traffic Authority of New South Wales by THE Roads and Traffic Authority of New South Wales by its delegate declares, with the approval of Her Excellency its delegate declares, with the approval of Her Excellency the Governor, that the land described in the Schedule the Governor, that the land described in the Schedule below is acquired by compulsory process under the below is acquired by compulsory process under the provisions of the Land Acquisition (Just Terms provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Roads Compensation) Act 1991 for the purposes of the Roads Act 1993. Act 1993.

T D Craig T D Craig Manager, Compulsory Acquisition & Road Dedication Manager, Compulsory Acquisition & Road Dedication Roads and Traffic Authority of New South Wales Roads and Traffic Authority of New South Wales ______

SCHEDULE SCHEDULE

ALL that piece or parcel of public road situated in the ALL those pieces or parcels of Crown land situated in the Narrandera Shire Council area, Parish of Birrego and Ballina Shire Council area, Parish of Ballina and County County of Mitchell, shown as Lot 22 Deposited Plan of Rous, shown as: 1046486. Lot 27 Deposited Plan 1022777, being part of closed road The land is said to be in the possession of Narrandera notified in Government Gazette No 173 of 30 October Shire Council. 1936 on page 4544; and

(RTA Papers FPP 4M260; RO 14/321.1174) Lots 31, 34 and 51 Deposited Plan 1022777, being parts of closed road notified in Government Gazette No 113 of 14 August 1942 on page 2374.

(RTA Papers FPP 3M5665; RO 10/23.1316)

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Other Notices

APPRENTICESHIP AND TRAINEESHIP ACT Full-time 2001 Traineeship 6 12 18 24 30 36 48 mths mths mths mths mths mths mths Notice of making of a Vocational Training Order Term Weekly NOTICE is given that the Commissioner for Vocational Nominal Term Required (Months) Hours Training, in pursuance of section 6 of the Apprenticeship and Traineeship Act 2001, has made the following Vocational 15 15 30 45 Not Allowable Training Order in relation to the recognised traineeship 16 15 29 44 vocation of Pulp and Paper Manufacturing. 17 14 28 42 18 14 27 41 CITATION 19 13 26 39 The order is cited as the Pulp and Paper Manufacturing Order. 20 13 25 38 21 12 24 36 48

ORDER 22 12 23 35 46 23 11 22 33 44 55 A summary of the Order is given below. 24 11 21 32 42 53 (a) Term of Training 25 10 20 30 40 50 60 (i) Full-time 26 10 19 29 38 48 57 The nominal term of training by direct entry shall be as follows: 27 9 18 27 36 45 54 72 28 9 17 26 34 43 51 68 Qualification Nominal Term All Certificate II * 12 months 29 8 16 24 32 40 48 64 *except Certificate II in Pulp and 30 8 15 23 30 38 45 60 Paper (General) by direct entry 18 months 31 Not 22 28 35 42 56 Allowable All Certificate III 24 months 32 20 26 33 39 52 All Certificate IV 36 months (b) Competency Outcomes or until achievement of the relevant competencies to this Trainees will be trained in and achieve competence in Vocational Training Order is demonstrated. the units of competence specified in the Pulp and Paper Manufacturing Training Package (FPP01). (ii) Part-time (c) Courses of Study to be Undertaken The nominal term for a part time traineeship is determined by the average weekly hours worked in the traineeship Trainees will undertake the following courses of (including structured training) and the nominal full-time study: term for that traineeship. FPP20101 Certificate II in Pulp and Paper Manufacturing School based traineeships FPP20201 Certificate II in Pulp and Paper Services In the case of school-based part-time traineeships, where the nominal full-time term is twelve (12) months, training FPP20301 Certificate II in Pulp and Paper shall be for nominal terms up to 30 months within which General) period(s) trainees shall be required to demonstrate FPP30101 Certificate III in Pulp and Paper competencies relevant to the Vocational Training Order. Manufacturing Training may extend to 36 months where the Higher FPP30201 Certificate III in Pulp and Paper School Certificate is being delivered over a three (3) Services year period. FPP40101 Certificate IV in Pulp and Paper Students may work full-time during school vacations. Manufacturing They are not required to attend on-the-job or off-the- FPP40201 Certificate IV in Pulp and Paper job training for more than 7.6 hours per week during Services examination periods or exam preparation periods. AVAILABILITY FOR INSPECTION The table below identifies the allowable hours that A copy of the Vocational Training Order may be inspected at may be undertaken and the nominal terms for part-time any State Training Centre of the Department of Education and traineeships. Training or on the Internet at http://apprenticeship.d et.nsw.edu.au

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ASSOCIATIONS INCORPORATION ACT 1984 • Harm will be caused to the environment and particularly to the surface water and groundwater systems because the Cancellation of incorporation pursuant to section 55A poorly contained waste tar has the potential to breach, or TAKE NOTICE that the incorporation of the following may have already breached, the containment pits. associations is cancelled by this notice pursuant to section 55A of the Associations Incorporation Act, 1984. 4. Further action under the Act Cancellation is effective as at the date of gazettal. The making of this declaration does not prevent the carrying out of a voluntary remediation of the site and any person may Wollumbin Community Development Association submit a voluntary remediation proposal for the site to the Incorporated EPA. If the proposal satisfies the requirements of s.26 of the Quirindi District Arts Council Incorporated Act, the EPA may agree not to issue a remediation order to Nicaraguan Community Association in Australia the person or persons bringing the proposal. Incorporated Hurricane – Working Class Productions Incorporated 5. Submissions invited The EPA advises that the public may make written submissions to the EPA on: CHRISTINE GOWLAND, Delegate of the Commissioner • Whether the EPA should issue a remediation order in Registry of Co-operatives & Associations relation to the site or Office of Fair Trading • Any other matter concerning the site. Submissions should be made in writing to: Department of Commerce 10 November 2003 Director Contaminated Sites Environment Protection Authority PO Box A290 SYDNEY SOUTH NSW 1232 CONTAMINATED LAND MANAGEMENT ACT or faxed to: 02 9995 5930 1997 by not later than 15 March 2004 Environment Protection Authority Declaration of remediation site CAROLYN STRANGE, Section 21 of the Contaminated Land Management Act Director Contaminated Sites 1997 Department of Environment and Conservation Declaration Number 21054 Date: 13 February 2004 The Environment Protection Authority (the “EPA”) declares the following land to be a remediation site under the NOTE: Contaminated Land Management Act 1997 (“the Act”): Remediation order may follow 1. Land to which this declaration applies (“the site”) If remediation of the site or part of the site is required, the The former shale oil refinery at Hartley EPA may issue a remediation order under s.23 of the Act. Vale (Lot 3 DP 836542 and part of Lot 52 DP 867197. A map which shows the site as the ‘Refinery Variation/Revocation Operation Area’ has been prepared and is available This declaration remains in force until it is otherwise varied for inspection at the Department of Environment and or revoked. A declaration may only be revoked when the Conservation’s Head Office, Level 15, 59-61 Goulburn EPA does not have reasonable grounds to believe that land is Street, Sydney. contaminated in such as way as to present a significant risk of harm (s.44 of the Act). 2. Nature of the substances causing the contamination: Information recorded by the EPA • Waste liquid tar. The chemical composition of liquid tar S.58 of the Contaminated Land Management Act 1997 includes Polycyclic Aromatic Hydrocarbons and a wide requires the EPA to maintain a public record. A copy of range of Total Petroleum Hydrocarbons. this remediation declaration will be included in the public record. 3. Nature of harm that the substance may cause: Information recorded by councils The EPA has considered the matters in s.9 of the Act and found that: S.59 of the Act requires the EPA to give a copy of this declaration to the relevant local council. The council is then • The site is impacted by poorly contained waste liquid required to note on its planning certificate issued pursuant tar. to s.149 (2) of the Environmental Planning and Assessment There is a significant risk that: Act that the land is currently within a declaration area. The • Harm will be caused to humans from the increased risk of EPA is required to notify council as soon as practicable when exposure to the contamination via inhalation or ingestion the declaration is no longer in force and the notation on the of, or dermal contact with, the tar related chemicals. s.149 (2) certificate is removed.

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CONTAMINATED LAND MANAGEMENT ACT 6. Submissions invited 1997 The EPA advises that the public may make written Environment Protection Authority submissions to the EPA on: Declaration of remediation site • Whether the EPA should issue a remediation order in relation to the site or Section 21 of the Contaminated Land Management Act • Any other matter concerning the site. 1997 Submissions should be made in writing to: Declaration Number 21011 Director Contaminated Sites The Environment Protection Authority (the “EPA”) declares Department of Environment and Conservation the following land to be a remediation site under the PO Box A290 Contaminated Land Management Act 1997 (“the Act”): SYDNEY SOUTH NSW 1232 1. Land to which this declaration applies (“the site”) or faxed to: 02 9995 5930 - Lot 21 in DP 546139 and Lot 127 in DP 257531, owned by not later than 15 March 2004. by Port Kembla Copper Pty Ltd , located between Military CAROLYN STRANGE, and Darcy Roads, Port Kembla; and Director Contaminated Sites - Lot 22 in DP 546139, owned by Orica IC Assets Ltd, Department of Environment and Conservation located on Darcy Road, Port Kembla. Date: 13 February 2004 2. Nature of the substances causing the contamination NOTE: Groundwater beneath the site is contaminated by metal ions including arsenic, cadmium, copper, lead, zinc, nickel, Remediation order may follow manganese as well as elevated concentrations of sulphate and If remediation of the site or part of the site is required, the low pH as a result of historical copper smelting activities. EPA may issue a remediation order under s.23 of the Act.

3. Nature of harm that the substances may cause Variation/Revocation This declaration remains in force until it is otherwise varied The EPA has considered the matters in s.9 of the Act and or revoked. A declaration may only be revoked when the found that: EPA does not have reasonable grounds to believe that land is • Groundwater, which is migrating towards Port Kembla contaminated in such as way as to present a significant risk Harbour, located approximately 500 metres from the site, of harm (s.44 of the Act). is contaminated with elevated levels of metal and sulphate ions and has a low pH; and Information recorded by the EPA • The contaminated groundwater has migrated off-site into S.58 of the Contaminated Land Management Act 1997 adjacent industrial land. requires the EPA to maintain a public record. A copy of this remediation declaration will be included in the public A significant risk of harm exists as the contaminants record. can be toxic to aquatic life, which would be a particular concern if the contaminated groundwater were to reach Information recorded by councils the Harbour. Also, the contamination has degraded S.59 of the Act requires the EPA to give a copy of this the quality of the groundwater and has the potential declaration to the relevant local council. The council is then to affect future beneficial uses of the groundwater required to note on its planning certificate issued pursuant (e.g. industrial uses). to s.149 (2) of the Environmental Planning and Assessment Act that the land is currently an area covered by a declaration 4. Work already undertaken issued under the Act. The EPA is required to notify council as Extraction of deeper groundwater and above ground treatment soon as practicable when the declaration is no longer in force commenced in June 1997. To date, more than 20,000m3 of and the notation on the s.149 (2) certificate is removed. groundwater has been extracted. Remediation works have also been carried out in an open area of land in the northern section of the site, known as the Fume Storage Area. The works, which were completed in August 2000, included the DISTRICT COURT OF NEW SOUTH WALES removal of industrial residues for treatment and disposal, as Direction well as the installation of a shallow groundwater interception system and remediation of the land. PURSUANT to section 32 of the District Court Act 1973, I direct that the District Court shall sit in its civil jurisdiction 5. Further action under the Act at the place and time shown as follows: The making of this declaration does not prevent the carrying Bathurst 10.00 a.m. 24th May 2004 (1 week) out of a voluntary remediation of the site and any person may In lieu of 17th May 2004 submit a voluntary remediation proposal for the site to the (2 weeks) EPA. If the proposal satisfies the requirements of section Coffs 10.00 a.m. 10th May 2004 (1 week) 26 of the Act, the EPA may agree not to issue a remediation order to the person or persons bringing the proposal. Harbour In lieu of 3rd May 2004 (3 weeks)

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Dubbo 10.00 a.m. 17th May 2004 (1 week) DISTRICT COURT OF NEW SOUTH WALES In lieu of 10th May Direction (2 weeks) Maitland at 10.00 a.m. 10th May 2004 (1 week) PURSUANT to section 32 of the District Court Act 1973, I East Maitland In lieu of 3rd May 2004 direct that the District Court shall sit in its civil jurisdiction (2 weeks) at the place and time shown as follows: Nowra 10.00 a.m. 17th May 2004 (1 week) Newcastle 10.00 a.m. 10th May 2004 (4 weeks) In lieu of 10th May 2004 In lieu of 27th April 2004 (2 weeks) (6 weeks) Orange 10.00 a.m. 27th April 2004 (1 week) Dated this 12th day of February 2004. In lieu of 27th April 2004 (2 weeks) Queanbeyan 10.00 a.m. 27th April 2004 (1 week) R. O. BLANCH, In lieu of 27th April 2004 Chief Judge (2 weeks) Tamworth 10.00 a.m. 3rd May 2004 (1 week)

In lieu of 3rd May 2004 FORESTRY COMMISSION (2 weeks) Taree 10.00 a.m. 27th April 2004 (1 week) Sydney 20 February, 2004 In lieu of 27th April 2004 ERRATUM (2 weeks) Land District of Bathurst; Council; Wagga Wagga 10.00 a.m. 22nd March 2004 Macquarie Forestry Region (2 weeks) In lieu of 22nd March IT is hereby notified for public information, that in the notice 2004 (3 weeks) appearing in Government Gazette No 154 of 20 December Wagga Wagga 10.00 a.m. 24th May 2004 (2 weeks) 1974, dedicating Sunny Corner State Forest No 806, No In lieu of 17th May 2004 30 Extension the words “TOGETHER WITH the part of (3 weeks) portion 184 in the parish of Yetholme, north of the westerly prolongation of the northern boundary of portion 49” should Wollongong 10.00 a.m. 27th April 2004 (2 weeks) read “TOGETHER WITH the part of portion 184, parish of In lieu of 27th April 2004 Yetholme, within the following boundaries: Commencing (4 weeks) at a point on the northern boundary of portion 184 about Dated this 6 day of February 2004. 46.07 metres east of its northwestern corner and bounded R. O. BLANCH, thence by part of the northern boundary of that portion east Chief Judge about 371.6 metres, a line bearing 150 degrees, about 173.8 metres to the eastern boundary of portion 184 aforesaid, thence by part of that boundary of that portion south about DISTRICT COURT OF NEW SOUTH WALES 220.1 metres, and lines bearing successively 185 degrees Direction 4 minutes, about 172.4 metres, 240 degrees, about 119.9 metres and 330 degrees, about 695 metres to the point of PURSUANT to section 173 of the District Court Act commencement, and also being the whole of the land in 1973, I direct that the District Court shall sit in its criminal Conveyance No 940 Book 3074. jurisdiction at the place and time shown as follows: Grafton 10:00am 10 May 2004 (1 week) In lieu of 10 May 2004 CRAIG KNOWLES, M.P., (2 weeks) Minister for Natural Resources Dated this 6th day of February 2004. R. O. BLANCH, Chief Judge HEALTH ADMINISTRATION ACT 1982 Order declaring approved DISTRICT COURT OF NEW SOUTH WALES Quality Assurance Committee Direction I, MORRIS IEMMA, Minister for Health, in pursuance of PURSUANT to section 173 of the District Court Act section 20E(1) of the Health Administration Act 1982 do, by 1973, I direct that the District Court shall sit in its criminal this my Order, declare the Point of Care Clinical Systems jurisdiction at the place and time shown as follows: Committee of the Central Sydney Area Health Service to be Coonamble 10:00am 9 February 2004 (1 week) an approved Quality Assurance Committee for the purposes In lieu of 9 February 2004 of Division 6B of that Act. (2 weeks) Dated this fourteenth day of February 2004. Dated this 16th day of February 2004. R. O. BLANCH, MORRIS IEMMA, M.P., Chief Judge Minister for Health

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HERITAGE ACT, 1977 SCHEDULE “A” Direction pursuant to section 34(1)(a) The item known as Australiana Pioneer Village, situated on the land described in Schedule “B”. to list an item on the State Heritage Register Oaklands, Pambula SCHEDULE “B” SHR No 1686 All those pieces or parcels of land known as Lot 22 DP IN pursuance of Section 34(1)(a) of the Heritage Act, 1977, 709166 in Parish of Wilberforce, County of Cook shown I, the Minister Assisting the Minister for Infrastructure and edged heavy black on the plan catalogued HC 1936 in the Planning (Planning Administration), having considered a office of the Heritage Council of New South Wales. recommendation of the Heritage Council of New South Wales, direct the Council to list the item of environmental heritage specified in Schedule “A” on the State Heritage Register. This listing shall apply to the curtilage or site of the PESTICIDES ACT 1999 item, being the land described in Schedule “B”. The listing Notice under Section 48 (4) is subject to the Heritage Council approved exemptions described in Schedule “C”. NOTICE is hereby given, pursuant to Section 48(4) of the Pesticides Act 1999, that I have granted a Pilot (Pesticide Rating) Licence, DIANE BEAMER, particulars of which are stated in the Schedule. Minister Assisting the Minister for Infrastructure and Planning (Planning Administration) ALAN RITCHIE, Sydney, 12th January, 2004. Manager Dangerous Goods Environment Protection Authority SCHEDULE “A” by delegation The item known as Oaklands, Princes Highway, Pambula, situated on the land described in Schedule “B”. S C H E D U L E Pilot (Pesticide Rating) Licence SCHEDULE “B” Name and address of Licensee Date of Granting of Licence All those pieces or parcels of land known as Lots 381 and Mr GEORGE NOLAN ORSMOND 17 February 2004 382 DP 1027113 in Parish of Pambula, County of Auckland, HANGAR 1, AERODROME ROAD shown edged heavy black on the plan catalogued HC 1943 in DALBY QLD 4405 the office of the Heritage Council of New South Wales.

SCHEDULE “C” “Activities associated with the ongoing use of the land RURAL FIRES ACT 1997 for pastoral and agricultural purposes, excluding any new Variation development that may materially affect the significance of the item.” PURSUANT to Section 82 of the Rural Fires Act 1997 as amended, the Commissioner of the NSW Rural Fire Service, following consultation with the local stakeholders, declares HERITAGE ACT, 1977 the following Local Bush Fire Danger Period Variation: Direction pursuant to section 34(1)(a) Area of Variation: Clarence Valley Zone incorporating to list an item on the State Heritage Register Grafton Local Government Area Australiana Pioneer Village Maclean Local Government Area Copmanhurst Local Government Area SHR No 1683 Pristine Waters Local Government Area IN pursuance of Section 34(1)(a) of the Heritage Act, 1977, I, the Minister Assisting the Minister for Infrastructure and The Local Bush Fire Danger period has been revoked for the Planning (Planning Administration), having considered a period 16 February 2004 until 31 March 2004. recommendation of the Heritage Council of New South During this period permits pursuant to Section 87 of the Wales, direct the Council to list the item of environmental Rural Fires Act 1997 as amended, will not be required for heritage specified in Schedule “A” on the State Heritage the lighting of fire for the purposes of land clearance or fire Register. This listing shall apply to the curtilage or site of breaks. the item, being the land described in Schedule “B”.

MARK CROSWELLER, AFSM DIANE BEAMER, Assistant Commissioner Minister Assisting the Minister for Executive Director Operations & Regional Infrastructure and Planning (Planning Management Administration) Delegate Sydney, 3rd February 2004.

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RURAL FIRES ACT 1997 SAFER COMMUNITY COMPACT Revocation Order PURSUANT to the provisions of section 99 of the Rural Fires I, the Honourable Attorney General of the State Act, 1997, the Total Fire Ban enforced for the 17 February of New South Wales, in pursuance of section 39 (1) of the 2004 for: Children (Protection and Parental Responsibility) Act 1997, South West Slopes do, by this my Order, approve the Canterbury Youth Crime Prevention Plan as a Safer Community Compact for the Lower Western purposes of Division 3 of Part 4 of that Act. have now been revoked as at 6.00 a.m. on 17th February This Order takes effect on 14 February 2004 and remains 2004. in force until 13 February 2005. PHIL KOPERBERG, AO AFSM BEM, Signed at Sydney, this 4th February day of 2004. Commissiioner BOB DEBUS, Attorney General SAFER COMMUNITY COMPACT Order SAFER COMMUNITY COMPACT I, the Honourable Bob Debus Attorney General of the State Order of New South Wales, in pursuance of section 39 (1) of I, the Honourable Bob Debus Attorney General of the State the Children (Protection and Parental Responsibility) Act of New South Wales, in pursuance of section 39 (1) of 1997, do, by this my Order, approve the Canterbury Crime the Children (Protection and Parental Responsibility) Act Prevention Plan as a Safer Community Compact for the 1997, do, by this my Order, approve the Auburn Council purposes of Division 3 of Part 4 of that Act. Community Safety and Crime Prevention Plan as a Safer This Order takes effect on 14 February 2004 and remains Community Compact for the purposes of Division 3 of Part in force until 13 February 2005. 4 of that Act. Signed at Sydney, this 4th day of February 2004. This Order takes effect on 20 February 2004 and remains in force until 19 February 2007. BOB DEBUS, th Attorney General Signed at Sydney, this 10 day of February 2004. BOB DEBUS, Attorney General

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PRACTICE NOTE No 127

Use of Technology in Civil Litigation

This Practice Note replaces Practice Note No 105 and will apply from 1 March 2004.

PURPOSE

1. The aim of this practice note is to

(a) encourage the use of information technology as a means of improving the efficiency of civil litigation in general;

(b) emphasise the court’s power to require the use of technology in particular cases or circumstances;

(c) offer guidelines on the matters parties in civil actions ought to take into account in deciding how to make use of technology;

(d) offer examples and suggested standards to assist parties in agreeing upon the extent and manner in which they will use technology to exchange information.

ENCOURAGING THE USE OF TECHNOLOGY

2. All parties in civil proceedings are required at all stages of their litigation to consider the prospect of using technology for the purposes of information exchange and at trial itself. In preparing a case for trial the parties are specifically encouraged to

(a) use electronic data to create lists of their discoverable documents;

(b) give discovery by exchanging databases created in accordance with an agreed protocol;

(c) exchange electronic versions of documents such as pleadings and statements;

(d) arrange for inspection of discovered material, and other material to be inspected by way of images if appropriate; and

(e) consider the use of electronic data at trial in accordance with the Court’s requirements.

Glossary of technical terms

For the purposes of a better understanding of this practice note, some definitions of technical terms appear in the annexed Glossary.

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COURT MAY DIRECT PARTIES

3. The Court retains the power to direct parties to use information technology in appropriate cases. Parties shall comply with any directions issued by the Court in relation to the use of technology and shall comply with any requirements published by the Court in relation to issues concerning the use of technology, such as document formats.

4. It should be noted that whilst this practice note is advisory in nature the Court may mandate the use of the technology standards it describes in cases where the parties fail to agree on exchange and presentation mechanisms within a reasonable time frame.

ELECTRONIC EXCHANGE OF COURT DOCUMENTS

5. Where a party serves a pleading, affidavit, statement, list of documents or interrogatory on another party, the recipient may ask the first party to also provide a copy of it in an electronic format.

6. The Court expects parties to accede to reasonable requests for copies of court documents in an electronic format. Before providing copies the parties shall make all reasonable efforts to agree upon:

(a) the word processing or other format in which electronic versions will be provided;

(b) the methods by which electronic versions will be exchanged; and

(c) any other terms and conditions of electronic exchange.

Document formats

7. Where appropriate the parties may wish to agree upon the preparation of a document in a structured format, such as HTML, so that hypertext links can be made where appropriate. For example, if a document refers to a document ID, a hypertext link can be made to the relevant document image.

Content of court documents

8. A court document provided by a party in electronic format shall contain the same text as the paper copy. Where a court document contains an annexure, however, the text of the annexure will be expected to be contained within the electronic copy only where the annexure was created for the purposes of the litigation by or on behalf of that party or that party’s solicitor.

Risk of computer viruses

9. Generally it will not be regarded as unreasonable for a party to provide documents in electronic format subject to a condition that it is the responsibility of the recipient to test it for viruses.

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Providing electronic copies to the Court itself

10. The Court may direct a party to provide the Court with copies of court documents in an electronic format. A party who provides a document to the Court in electronic format shall provide appropriate written warnings about the need to test for viruses.

ELECTRONIC EXCHANGE OF DISCOVERY LISTS AND DOCUMENTS:

11. As a general rule the Court will expect the parties to consider preferring the use of technology to exchange information where they believe more than 500 documents between them will be discoverable. Decisions about the appropriate use of technology will be better informed if the parties have identified early in the proceedings the scope of discovery and the categories of documents likely to be discovered.

Agreeing by written protocol

12. Where the parties agree that discovery should be given by exchange of electronic data they should:

(a) endeavour to reach agreement early in the proceedings on the protocol to be used and the scope of that protocol; and

(b) seek either consent orders or directions from the Court, if agreement is not reached, concerning the terms of the protocol.

Directions by the Court

13. The Court may make orders that parties:

(a) meet to discuss how best to use information technology to exchange information about their discoverable documents;

(b) make written submissions on how best to use technology with respect to discovery and the management of information in the proceedings generally.

14. As a general rule, by the second directions hearing the Court will expect each party:

(a) to have investigated the number and categories of documents likely to be discoverable by that party, taking into account any limits on discovery that may be agreed between the parties or are the subject of a direction by the Court;

(b) to have attempted to agree with the other parties on whether and how to use technology to exchange lists of their discoverable documents; and

(c) to be able to make informed submissions about whether and how technology should be used to exchange lists of their discoverable documents.

Technology checklist

15. In developing a protocol on electronic exchange the parties shall consider the matters described in the annexed Technology Check List. The checklist is a guide only and parties should feel free to agree on appropriate changes to it. However, if the parties are unable to agree on a protocol then the default options indicated in the checklist will apply as a minimum standard.

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Recommended fields

16. The fields and associated guidelines described in the annexed Recommend Fields are those which ought to be used for the purpose of electronic exchange and which, in the absence of agreement to the contrary by the parties, may be mandated by the Court in a given case.

Verification of electronic lists

17. Each party shall consider how lists of documents shall be verified where data about those documents is to be exchanged electronically.

Orders to dispense with verifications by affidavit

18. Existing rules of Court presuppose that a hard copy list of documents will be verified by affidavit. Where a party believes that it is appropriate to dispense with verification of a hard copy list, that party should ask the Court for an appropriate direction.

Verification by reference to method of service

19. As an alternative to verification of a hard copy list, the parties may wish to consider asking for a direction that the verifying affidavit identify the documents by reference to the medium by which the data was served and the date of service. For example, the affidavit may refer, in a hypothetical case, to: the documents described in the database contained on the compact disks served on the defendant under cover of letters date 21 January, 24 January and 29 March 2003.

Providing electronic lists of documents to the Court itself

20. The parties shall consider whether data relating to their discoverable documents should be provided to the Court in addition to any hard copy list.

USE OF TECHNOLOGY DURING A HEARING

21. Where parties have used databases or databases and associated documents or images to facilitate discovery and inspection, the parties should consider and make submissions about how best to use technology at the hearing. For example, the parties’ discovery databases might form the basis of an index to the agreed bundle, or for the creation of a database of documents admitted into evidence and rulings on the admissibility of documents.

Equipment at hearing

22. More generally, the parties should consider: (a) the equipment and services that they and the Court may require at the trial including appropriate hardware, software and additional infrastructure; and (b) the arrangements that may need to be made between the parties, the Court and any third party service providers to ensure that appropriate equipment and services are available at the hearing.

12 February 2004 Chief Justice

This Practice Note is available on the Supreme Court’s website: www.lawlink.nsw.gov.au/sc

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Technology Check List

Parties are encouraged to use this checklist to identify technology issues that may arise during proceedings. The default or minimum court options may be mandated in a given case if the parties cannot agree.

(** = default or minimum standard)

Pre-Trial

Document Exchange of Electronic Document Format Document Exchange Via Court Documents and ASCII text file** DX Witness Statements MS Word Version ____ Courier Hard copy only WordPerfect version ___ Australia Post Electronic Copy only XML Floppy Disk** Hard copy and electronic copy** RTF Electronic mail HTML CD Rom Other Internet

Discovery

Exchange of Document Electronic Document List Document Exchange Via Lists Format DX Hard copy only Delimited ASCII text file** Courier Electronic Copy only Word processing format Australia Post ______Hard copy and electronic Floppy Disk** copy** Excel spreadsheet Electronic mail XML CD Rom Other ______Internet

Example Database Formats MS Access Lotus Notes Filemaker Pro MS SQL Sybase Excel Spreadsheet** Oracle Other

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Document Inspection Format Electronic Image Special Hard copy only Formats Considerations TIFF – Multi Redacting (masking) Electronic/image of hard copy TIFF – Single** Confidentiality Hard copy and electronic/image copy** PDF Other Non-paper record for example, GIF video/audio tape, database, Other microfiche, etc Other Medium ______

Trial

Exchange of Agreed Electronic Document Index Document Exchange Via Bundle/Court Book Format DX Indexes Delimited ASCII text file** Courier Hard copy only Word processing format Australia Post Electronic/image of hard Excel spreadsheet copy Floppy Disk** Other Hard copy and Electronic mail electronic/image** CD Rom copy Internet/Intranet Other Medium ______

(a) Image Resolution

Images may be scanned in at around 200 dpi. Any greater file size may be unworkable.

(b) Filename Structure

Images may be named identically to the relevant Document ID or according to the agreed folder structure. If images are named in accordance with the naming convention of the full document ID then the dots within the Document ID may be omitted (other than the dot preceding the file extension).

(c) Special Considerations

Consideration should be given to

�� whether there are any special requirements, such as redacting (masking).

�� the implications of using technology in respect of information that may be subject to confidentiality orders or undertakings.

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(d) Recommended fields and default fields**

The Court encourages the use of the field definitions in the attachment – Recommended Fields. Among the Recommended Fields the following are the default fields, i.e. those which the parties will be expected to use as a minimum standard unless otherwise agreed or ordered:

�� Document ID

�� Date

�� Document type

�� Author/ Author organisation

�� Addressee/ Addressee organisation

�� Title.

* * *

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Recommended Fields Fields that are identified as default fields are those that ought to be used as a minimum standard and which, in the absence of agreement to the contrary, may be mandated by Court order in a given case.

Field Data type Notes and length Each document should be uniquely identified. The field may be broken Document id Text and into different components such as First Page and Last Page providing the (Default field Numbers (if parties agree. The field or fields might comprise a four-part number in 1) appropriate) form AAA.NNN.NNN.NNNN where "AAA" represents alphabetic Length - shorthand for the party name. The other three sets of numbers could be depending on used to suit the convenience of the parties. It may be useful if the first set field structure is used to refer to an archive box number, the second to the number of the folder within the box, and the third to the page number. Rules for the numbering hierarchy can be agreed prior to discovery and the above is to be used as a guide not the definitive form. The parties should consider whether each page should be individually numbered or agree on some other satisfactory arrangement. If agreement is not reached then the parties should seek the Court’s direction. If the parties agree not to number each page, consideration should be given to an additional field recording the number of pages in each document. Attachments to documents can be separately listed and numbered. Attachments can be numbered sequentially following the host document. For example, a host document may be numbered XXX.001.001.0001 and its attachments would be numbered as XXX.001.001.0002, XXX.001.001.0003 and XXX.001.001.0004. If imaging is to be used the parties can agree to any additional information about document identification. It is recommended that the document id match the image file name i.e. where the document id is AAA.NNN.NNN.NNNN then the image file name should be AAA.NNN.NNN.NNNN.tiff

Attachments Text & Contains first and last pages of each document physically attached to a Number, discovered document. Does not include documents that are only referred Length - to in a discovered document. Each attachment should be listed depending on separately, with its own discovery number and details. Multiple entries to the number of be separated by commas. attachments

Host Text and Contains First Page and - if agreed - Last Page of the host document to Document Number, which an attachment is attached. Should never be multiple entries in this Number Length field, as each attachment should only ever have one host document. depending on the document id. structure HWA Host with attachment Document Text, 3 HNA Host no attachment Group ATT Attachment

This field may be required if parties agree to swap image files.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 794 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 795

Date can be inserted as: Date Date, 11 (Default field DD/MMM/YYYY for example 05/Sep/1996 2) DD = Day MMM = Month YYYY = Year Undated documents: = Documents with no discernible date should be coded to a standard agreed between the parties which the parties will recognise as "undated." For example, the date field may be left blank. (Where this option is selected the parties may choose to enter the word "undated" in an additional text field.) Alternatively, an agreed date format such as 01/Jan/1801 should be used. It is important to note that databases that use a Date Type format may not accept text such as 'Undated' or dates that include '00' in the field. If there is no way of ascertaining the date of the document* Documents with only the month and year (e.g. August 1997) can be coded with the first day of the month, the month and the year (e.g. 01/Aug/1997) and a 'Yes' an entry should be made in the next field - "Estimated Date". field. Documents with the day and month but no year are considered undated. . For example a document dated 04/Apr will should be coded as "undated." as the year cannot be identified. Documents with just the year (e.g. 1997) should be coded with the first day of January (e.g. 01/Jan/1997) and a 'Yes' entry should be made in the 'Estimated Date' field. *If there is no way of ascertaining the date of the document, then the parties may agree upon what naming convention to use, for example, "Undated", or 00/00/0000, however, it should be noted that some database formats may not recognise these codes.

Document Text, 254 This field is completed using commonly received document types e.g. type letter, memo, deed. Parties should endeavour to create a list of agreed document types (Default field prior to discovery. 3) If the document has been faxed, this field should include "facsimile". If a group of documents is being discovered as a bundle, this field should be completed as "Bundle of document type".

Privilege Text, 6 This identifies whether a claim of privilege is made over the document. The permissible entries in this field are "YES", "NO" and "PART". If this field is completed with "YES" or "PART", the basis of privilege field must also be completed.

Basis of Text, 50 (or Identifies basis of privilege claim. Parties should agree how they will Privilege combination identify privilege claims. One possibility is to set out here the basis of the of text and claim that the document is privileged eg, the section or sections of the numbers) Evidence Act.

Status Text, 10 "Copy" or 'Original' or "Fax". "Fax" should be used for a document that is either the original facsimile document (i.e. the document sent by the sender) or an original facsimile copy produced by the recipient's facsimile machine.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 796 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 797

Person or persons who wrote the document. To be completed using Author Text, 254 or information on the face of the document. Last name First initial only eg. (Default field as appropriate "Smith B". If more than one author enter as "Brown J; Jones J, ..." etc. If 4) more than one addressee for one company, enter as "Brown J; Jones J;..." etc. Other ways of addressing multiple values can be agreed between the parties. Organisation from which the document emanated. To be completed from Author Text, 254 or information on the face of the document. Multiple entries to be separated Organisation as appropriate by commas. Parties should agree on standard spellings or (Default field abbreviations for organisations. 4) Other ways of addressing multiple values can be agreed between the parties.

Addressee Text, 254 or Person or persons to whom the document is addressed. Includes (Default field as appropriate persons to whom copies are circulated. To be completed from information 5) on the face of the document. Last name First initial only eg. "Smith B". Multiple entries to be separated by commas. Other ways of addressing multiple values can be agreed between the parties.

Addressee Text, 254 or Organisation receiving the document. To be completed from information Organisation as appropriate on the face of the document. Multiple entries to be separated by commas. (Default field 5) Parties should agree on standard spellings or abbreviations for organisations. Other ways of addressing multiple values can be agreed between the parties.

Parties Text, 254 or Identifies parties to an agreement or other legal document (not as appropriate correspondence). Multiple entries to be comma delimited.

Title (Default Text, 254 or Title of a document such as “Report on Technology”. field 6) as appropriate

Source Text, 20 or as Parties may find this field useful to identify documents that have been appropriate obtained from someone other than the party giving discovery, e.g. documents obtained on subpoena or through some other compulsory process of obtaining access to documents. This field would identify the party from whom such documents were obtained.

Non-paper Text, 3 This field should be used to identify information recorded using media record other than paper, where the relevant information has not been printed out and discovered in hard copy form, e.g. video and audio tapes, floppy disks and magnetic computer tapes. Permissible entries are "YES" and "NO".

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 796 OFFICIAL NOTICES 20 February 2004 20 February 2004 OFFICIAL NOTICES 797

Glossary ASCII (American Standard Code for Information Interchange) ASCII is the most common format for text files in computers and on the Internet. In an ASCII file, each alphabetic, numeric, or special character is represented with a 7-bit binary number Database A database is a collection of data that is organised so that its contents can easily be accessed, managed and updated Delimiter A delimiter is a character that identifies the beginning or the end of a character string (a contiguous sequence of characters). Electronic Data In computing, electronic data is information that has been translated into a form that is more convenient to move or process. Field A Field represents a column of data within a database. Each record (row) can be made up of a number of pieces of information and, therefore, consists of a number of fields. These fields may be displayed as a box to enter or display data (in a form or report). GIF (Graphics Interchange Format) A GIF is one of the two most common file formats for graphic images on the World Wide Web. The other is JPEG. HTML (Hypertext Markup Language) HTML is the set of "markup" symbols or codes inserted in a file intended for display on a World Wide Web browser. Image An image is a picture that has been created or copied and stored in electronic form, an electronic photocopy. Medium A medium is a third-party or element through which a message is communicated. PDF (Portable Document Format) PDF is a file format that has captured all the elements of a printed document. PDF is also an abbreviation for the Netware Printer Definition File but is not used in this document in this way. RTF (Rich Text Format) RTF is a file format that allows exchange of text files between different word processors in different operating systems. SQL (Structured Query Language) SQL is a standard interactive and programming language for getting information from and updating a database. TIF or TIFF (Tagged Imaged File Format) TIFF is a common format for exchanging raster (bitmapped) images between application programs, including those used for scanning images. Virus A virus is a piece of programming code inserted into other programming to cause some unexpected and, for the victim, usually undesirable event. Viruses can be transmitted by downloading programs from infected sites (including internet sites) or they may be present on a diskette received from an infected system. * * *

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 798 TENDERS 20 February 2004 TENDERS

Department of Commerce

SUPPLIES AND SERVICES FOR THE PUBLIC SERVICE

Information in relation to the Department of Commerce proposed, current and awarded tenders is available on:

http://www.tenders.nsw.gov.au

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 20 February 2004 PRIVATE ADVERTISEMENTS 799 PRIVATE ADVERTISEMENTS

COUNCIL NOTICES Authorised by resolution of Council on 10 February 2004. G. A. J. TICKNER, General Manager, Gundagai Shire Council, Sheridan Street (PO Box 34), Gundagai, Roads Act 1993, Sections 39 and 40 NSW 2722. [0096] Closure and Transfer of Temporary Road HASTINGS COUNCIL THE Council hereby declares pursuant to sections 39 and 40 of the Roads Act 1993, that the temporary road Roads Act 1993 comprised in the lots described in the Schedule hereunder are closed and are to be transferred to A V Jennings NOTICE is given that pursuant to section 10 of the Roads Limited and the Department of Education and Training. Act 1993, the land described in the Schedule below is GENERAL MANAGER, Blacktown City Council, 62 hereby dedicated as public road. B. SMITH, General Flushcombe Road (PO Box 63), Blacktown, NSW 2148. Manager, Hastings Council, corner Lord and Burrawan Streets, Port Macquarie, NSW 2444. Schedule Lot 2 in DP 883015 and Lot 111 in DP 883014, Schedule situated between Meurants Lane and Hungerford Drive, Glenwood. [0101] Lot 1 in Deposited Plan 1055463 being part of Pacific Drive north of Home Street in Port Macquarie. [0104]

CULCAIRN SHIRE COUNCIL HASTINGS COUNCIL Roads Act 1993, Section 162.1 Naming of a Public Road Roads Act 1993 NOTICE is hereby given that in accordance with section Land Acquisition (Just Terms Compensation) Act 1991 162.1 of the Roads Act 1993, as amended, Council has named the road shown hereunder HASTINGS COUNCIL declares, with the approval of Description Name Her Excellency the Governor, that the land described in the Schedule below, excluding any mines or deposits of The unnamed court in the Lions Place. minerals in the land, is acquired by compulsory process Macbean/Hamilton Streets, in accordance with the provisions of the Land Acquisition Subdivision. (Just Terms Compensation) Act 1991, for the purposes of No objections to the proposed renaming were received the Roads Act 1993. Dated at Port Macquarie this 16th within the prescribed period of time. STEVEN PINNUCK, day of February 2004. B. SMITH, General Manager, General Manager, Culcairn Shire Council, PO Box 94, Hastings Council, corner Lord and Burrawan Streets, Port Culcairn, NSW 2660. [0117] Macquarie, NSW 2444.

Schedule COUNCIL Roads Act 1993 Lot 1 in Deposited Plan 1055463 being part of Pacific Drive north of Home Street in Port Macquarie. [0105] Naming of Road

GUNDAGAI Shire Council in pursuance of section 162 LIVERPOOL CITY COUNCIL of the abovementioned Act and the Roads (General) Regulation 2000, has resolved to name the road as shown Roads Act 1993, Section 39 hereunder: Description Name NOTICE is hereby given that The Council of the City The road that goes in a south Neds Gully Lane. of Liverpool closes the temporary road being the land westerly direction from Punch Street described in the Schedule below under section 39 of the at Lot 124, DP 751421, Town of Roads Act 1993. GENERAL MANAGER, The Council of Gundagai, Parish of North Gundagai the City of Liverpool, Locked Bag 7064, Liverpool BC, to the southern boundary of Lot 333, NSW 1871. DP 751421. Schedule The road that goes in a northerly Muttama Road. direction from the Hume Highway All that piece or parcel of land known as Lot 116 in DP at Coolac, proceeding through 1025928 in The Council of the City of Liverpool, Parish Muttama towards Cootamundra to of St Luke, County of Cumberland, and as described in the Gundagai and Folio Identifier 116/1025928. [0097] boundaries.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 800 PRIVATE ADVERTISEMENTS 20 February 2004 20 February 2004 PRIVATE ADVERTISEMENTS 801

NEWCASTLE CITY COUNCIL due consideration to all submissions, Council has resolved to proceed with the road naming effective from Friday, Roads Act 1993, Section 162 20 February 2004. J. W. RAYNER, General Manager, Roads (General) Regulation 2000, Part 2, Division 2 Council, PO Box 17, Sutherland, NSW 2232. [0108] Renaming of Public Road NEWCASTLE CITY COUNCIL gives notice that the following public road is hereby renamed. COUNCIL Previous Name New Name Proposed Naming of Road in Subdivisions Hannell Street at Newcastle West Bellevue Street. IN pursuance of section 162(1) of the Roads Act 1993, as between Hunter Street and the amended, Council proposes to name the road/s dedicated Great Northern Railway. in a plan of subdivision of Lot B in DP 411041 at Banora Point in the Shire of Tweed as shown below: Authorised by resolution of Council on 11 February 2003. GENERAL MANAGER, Newcastle City Council, PO Box Buncrana Terrace, Mourne Terrace and Mayo Place. 489, Newcastle, NSW 2300. [0107] A period of fourteen days from the date of this notice is allowed for any person to lodge a written objection to OBERON COUNCIL the proposed naming. Any objections should state clearly the reasons for such objections. GENERAL MANAGER, Roads Act 1993, Section 10 Tweed Shire Council, PO Box 816, Murwillumbah, NSW Dedication of Land as Public Road 2484. [0102] NOTICE is hereby given that The Oberon Council dedicates the land described in the Schedule hereunder as public ESTATE NOTICES road under the Roads Act 1993. BRUCE FITZPATRICK, General Manager, The Oberon Council, 137-139 Oberon NOTICE of intended distribution of estate.—Any person Street (PO Box 84), Oberon, NSW 2787. having any claim upon the estate of EILEEN ROSE BURGIN, late of Newtown, in the State of New South Schedule Wales, who died on 10 August 2003, must send particulars of his/her claim to the executor, John Francis Newnham, Lot 1, 2, and 3 in DP 1036603. [0103] c.o. Newnhams, Solicitors, 122 Castlereagh Street, Sydney, NSW 2000, within one (1) calendar month from SHOALHAVEN CITY COUNCIL publication of this notice. After that time the executor may distribute the assets of the estate having regard Roads Act 1993, Section 10 only to the claims of which at the time of distribution Dedication of Land as Public Road he has notice. Probate was granted in New South Wales on 5 February 2004. NEWNHAMS, Solicitors, 7th Floor, NOTICE is hereby given that the Council of the City Highmount House, 122 Castlereagh Street, Sydney, NSW of Shoalhaven at its meeting of 26 March 2002, Minute 2000 (DX665, Sydney), tel.: (02) 9264 7788. Reference: No. 02.312, resolved to dedicate as Council Public Road, BLM:MLH4993. [0098] the Council land described in the below Schedule. That land was reclassified from “Community” to “Operational” land on 11 July 2003 in the New South Wales Government NOTICE of intended distribution of estate.—Any person Gazette No. 111 and is hereby dedicated as Council Public having any claim upon the estate of ELVY BURGESS (also Road pursuant to section 10 of the Roads Act 1993. R. D. known as Elvera Elizabeth Burgess), late of Carlton, in the PIGG, General Manager, Shoalhaven City Council, Bridge State of New South Wales, who died on 22 September Road (PO Box 42), Nowra, NSW 2541. File: SF 7936. 2003, must send particulars of his claim to the executor, Schedule Anthony J. E. Gould, c.o. Anthony J. E. Gould, Solicitor, 3 Manning Road, Hunters Hill, NSW 2110, within one Lot 11, DP 866737, Parish of Cambewarra, County of (1) calendar month from publication of this notice. After Camden. [0118] that time the executor may distribute the assets of the estate having regard only to the claims of which at the time of distribution he has notice. Probate was granted in SUTHERLAND SHIRE COUNCIL New South Wales on 20 January 2004. ANTHONY J. E. Roads Act 1993 GOULD, Solicitor, 3 Manning Road, Hunters Hill, NSW 2110, tel.: (02) 9817 5681. [0099] Roads (General) Regulation 1994 Naming of Road – Talara Lane, Gymea NOTICE of intended distribution of estate.—Any person NOTICE is hereby given that Sutherland Shire Council, has having any claim upon the estate of JOSEPH ZAMMIT pursuant to Division 2 of the Roads (General) Regulation, (also known as Joe), late of 4 Colac Place, Marayong, notified the proponents by way of advertisement and in the State of New South Wales, market gardener, who written correspondence, for a period not less than one (1) died on 10 December 2003, must send particulars of month, of the intention to name an unnamed lane that runs his/her claim to the executrix, Mary Rose Zammit, c.o. between Talara Road and Milburn Road, Gymea to Talara Low Doherty & Stratford, Solicitors, 9 Campbell Street, Lane, Gymea. Having received no objection after giving Blacktown, NSW 2148, within one (1) calendar month NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 800 PRIVATE ADVERTISEMENTS 20 February 2004 20 February 2004 PRIVATE ADVERTISEMENTS 801

from publication of this notice. After that time the assets of particulars of his/her claim to the executors, John Charles the estate may be conveyed and distributed having regard Jones, Stephen Robert Jones and Alan William Jones, c.o. only to the claims of which at the time of distribution Low Doherty & Stratford, Solicitors, 9 Campbell Street, the executrix has notice. Probate was granted in New Blacktown, NSW 2148, within one (1) calendar month South Wales on 4 February 2004. LOW DOHERTY & from publication of this notice. After that time the assets of STRATFORD, Solicitors, 9 Campbell Street (PO Box 147), the estate may be conveyed and distributed having regard Blacktown, NSW 2148 (DX8109, Blacktown), tel.: (02) only to the claims of which at the time of distribution 9622 4644. Reference: GPD:SC. [0100] the executors have notice. Probate was granted in New South Wales on 5 February 2004. LOW DOHERTY & STRATFORD, Solicitors, 9 Campbell Street (PO Box 147), NOTICE of intended distribution of estate.—Any person Blacktown, NSW 2148 (DX8109, Blacktown), tel.: (02) having any claim upon the estate of EVELYN PIGOT, 9622 4644. Reference: GPD:SC. [0115] late of Marrickville, in the State of New South Wales, widow, who died on 22 August 2003, must send particulars of their claim to the executor, Timothy Fulton Edwards, NOTICE of intended distribution of estate.—Any person c.o. Truman Hoyle, Lawyers, Level 18, 68 Pitt Street, having any claim upon the estate of LESLIE RONALD Sydney, NSW 2000, within one (1) calendar month from JOFFRE CAVE, late of Dulwich Hill, in the State of New publication of this notice. After that time the assets of the South Wales, retired, who died on 5 December 2003, must estate and the property may be conveyed and distributed send particulars of their claim to the executor, David having regard only to the claims of which at the time Leslie Scutts, c.o. Truman Hoyle, Lawyers, Level 18, 68 of conveyance or distribution the executors have notice. Pitt Street, Sydney, NSW 2000, within one (1) calendar Probate was granted in New South Wales on 2 February month from publication of this notice. After that time the 2004. TRUMAN HOYLE, Lawyers, Level 18, 68 Pitt assets of the estate and the property may be conveyed and Street, Sydney, NSW 2000 (DX263, Sydney), tel.: (02) distributed having regard only to the claims of which at the time of conveyance or distribution the executors have 9232 5588. Reference: TFE(SR)3353. [0109] notice. Probate was granted in New South Wales on 3 February 2004. TRUMAN HOYLE, Lawyers, Level 18, NOTICE of intended distribution of estate.—Any person 68 Pitt Street, Sydney, NSW 2000 (DX263, Sydney), tel.: having any claim upon the estate of PHYLLIS NEWMAN, (02) 9232 5588. Reference: DLS(SR)3585. [0116] late of Dulwich Hill, in the State of New South Wales, retired, who died on 25 August 2003, must send particulars of their claim to the executor, David Leslie Scutts, c.o. COMPANY NOTICES Truman Hoyle, Lawyers, Level 18, 68 Pitt Street, NOTICE voluntary winding up.—LOSURDO HOLDINGS Sydney, NSW 2000, within one (1) calendar month from PTY LIMITED, ACN 000 935 839.—Notice is hereby publication of this notice. After that time the assets of the given pursuant to the Corporations Law that at a estate and the property may be conveyed and distributed meeting of members of the abovenamed company, held having regard only to the claims of which at the time on 9 January 2004, the following special and ordinary of conveyance or distribution the executors have notice. resolutions respectively were passed: “That the company Probate was granted in New South Wales on 16 January be wound up voluntarily” and “that Anthony Peter Lo 2004. TRUMAN HOYLE, Lawyers, Level 18, 68 Pitt Surdo be appointed Liquidator of the Company”. Dated Street, Sydney, NSW 2000 (DX263, Sydney), tel.: (02) this 29th day of January 2004. ANTHONY PETER LO SURDO, Liquidator, c.o. Lo Surdo Braithwaite & Co Pty 9232 5588. Reference: DLS(SR)3360. [0110] Ltd, Certified Practising Accountants, 87-89 Lyons Road, Drummoyne, NSW 2047. Tel.: (02) 9819 7799. [0106] NOTICE of intended distribution of estate.—Any person having any claim upon the estate of ELSIE DOREEN NOTICE of members' voluntary liquidation.—GREAT GALE (also known as Doreen Elsie Gale), late of Unit HORIZON PTY. LIMITED, ACN 083 772 169.—Notice 7/34 Brittain Crescent, Hillsdale, in the State of New is hereby given that at an extraordinary general meeting South Wales, who died on 28 November 2003, must send of members of the abovenamed company held on 3 particulars of their claim to the executor, John Seymour February 2004, it was resolved to wind up the company Gale, c.o. Simpson & Co., Solicitors, 103A Anzac Parade, as a members' voluntary liquidation and that Bun Kiem Kensington, NSW 2033, within one (1) calendar month Lee be appointed to act as liquidator. BUN KIEM LEE, from publication of this notice. After that time the assets Liquidator, c.o. Mitchell & Partners, Chartered Accountants, of the estate and the property may be conveyed and Suite 1, Level 2, 1 York Street, Sydney, NSW 2000, tel.: distributed having regard only to the claims of which at (02) 9251 3838. Reference: kl:mw. [0112] the time of conveyance and distribution the executor has notice. Probate was granted in New South Wales on 29 January 2004. SIMPSON & CO., Solicitors, 103A Anzac NOTICE of final meeting.—GALVANO PLASTICS PTY Parade, Kensington, NSW 2033 (PO Box 340, Kensington LIMITED, ACN 000 201 990 (in voluntary liquidation).— 1465), tel.: (02) 9662 4381. Reference: IS:LB. [0113] A general meeting of the company being the final meeting will be held at the offices of Stewart Brown & Co., Level 4, 495 Victoria Avenue, Chatswood, NSW 2067, on 26 NOTICE of intended distribution of estate.—Any person March 2004, at 10:00 a.m., for presentation of the final having any claim upon the estate of ROSE STELLA accounts of the company. E. G. BUTLER, Liquidator, c.o. JONES, late of Kilvinton Village, 284 Castle Hill Road, Stewart Brown & Co., Chartered Accountants, Level 4, 495 Castle Hill, in the State of New South Wales, company Victoria Avenue, Chatswood, NSW 2067 (PO Box 5515, director, who died on 16 August 2003, must send Chatswood West 1515), tel.: (02) 9412 3033. [0114]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 NEW SOUTH WALES GOVERNMENT GAZETTE No. 42 802 PRIVATE ADVERTISEMENTS 20 February 2004

NOTICE of general meeting of members.—NAVGRAND ERRATUM PTY LIMITED, ACN 003 738 234 (in liquidation).— THE following notice replaces in full the notice that was Notice is hereby given in pursuance of subsection 509(3) published in Government Gazette No. 35 on 13 February and (4) of the Corporations Law that a general meeting 2004, Folio 697. of the members of the abovenamed company will be held on 19 March 2004, at 10:00 a.m., at the office of Crosbie ENERGYAUSTRALIA Warren Sinclair, cnr Pacific Highway and Warabrook Boulevarde, Warabrook, NSW 2304, for the purpose of Electricity Supply Act 1995 having an account laid before them showing the manner Land Acquisition (Just Terms Compensation) Act 1991 in which the winding up has been conducted and the property of the company disposed of and hearing any Notice of Compulsory Acquisition of Land explanation that may be given by the liquidator. RICHARD Nulkaba JAMES SOUTH, Liquidator, c.o. Crosbie Warren Sinclair, ENERGYAUSTRALIA declares, with the approval of Her Accountants, Box 29, Hunter Region Mail Centre, NSW Excellency the Governor and the Executive Council, that 2310, tel.: (02) 4923 4000. [0119] the land described in Schedule 1 of this notice is acquired by compulsory process in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act OTHER NOTICES 1991, for the purposes of the Electricity Supply Act NOTICE of dissolution of partnership.—MEREWETHER 1995. VETERINARY HOSPITAL.—Notice is hereby given that Dated at Sydney this 4th day of February 2004. the partnership previously subsisting between Graeme Kimble Brown and Ross Gordon Beatty carrying on SIGNED, SEALED and DELIVERED for and on behalf business as Merewether Veterinary Hospital was dissolved of Energy Australia by GRANT KENNETH GREENE- on 3 December 2003 and Graeme Kimble Brown continues SMITH its duly constituted Attorney pursuant to Power of in practice from the premises at 190-192 Glebe Road, Attorney registered Book 4368 No. 61 who declares that Merewether, under the name of Merewether Veterinary he holds the position set out beneath his signature Hospital. LOCKHART QUINN & CO., Solicitors, 5 GRANT KENNETH GREENE-SMITH, Library Lane (PO Box 373), Charlestown, NSW 2290 Manager – Property Portfolio. (DX12611, Charlestown), tel.: (02) 4942 3222. Reference: JPQ:KM:03 417. [0111] WARWICK WEEKLEY, Witness. Schedule 1 All that piece or parcel of land at Nulkaba in the Local Government Area of Cessnock, Parish of Pokolbin, County Northumberland and State of New South Wales being Lot 101 shown in Deposited Plan number 803192. [0089]

Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 42